Canadian Environmental Assessment Agency Shell.Reviews@ceaa‐acee.gc.ca
October 1, 2012
Dear Joint Review Panel Secretariat,
Re: Shell Jackpine Mine Expansion We are submitting this as a request to present evidence to the Joint Review Panel hearings. This letter documents our serious concerns regarding the proposed project. One of us (Anna Zalik) was born in Alberta, lived and worked in Edmonton through her late 20s and received her first degree from the University of Alberta. The other (Isaac ‘Asume’ Osuoka) was born in Nigeria’s Niger Delta where he later devoted most of his adult life to working with communities impacted by the oil industry. This letter is informed by our individual experiences and academic research on oil industry socio‐ecological practices since 1997 (Osuoka) and 2001 (Zalik) respectively, and collaborative research since 2008. From 2000 to the present Zalik conducted extensive field work in oil‐producing regions of Nigeria and Mexico. From 2005 onward she initiated research on the sociology of the oil and gas industry in the US and in Canada from onward, with field research visits conducted in Northern Alberta and British Columbia since 2008. This work has included interviews with community members, government agencies, NGOs and industry representatives. Both of us have presented research in various international fora.
With regard to precedents set through previous Shell Jackpine EIA processes, several of which are now in the JRP public materials and analysed by the Pembina Institute and Ecojustice, Shell did not fulfill its earlier commitment to the Oil Sands Environmental Coalition (OSEC)1 to mitigate CO2 emissions. This raises questions as to its commitment to obligations under the current process. Shell presented an extensive revision of its EIA in response to OSEC/Pembina Institute’s criticism of its failure to properly account for cumulative impacts of the proposed mine expansion. As explained in that submission, the original EIA only considered 1/12th of the “reasonably foreseeable disturbance”; did not sufficiently incorporate available information on species‐at‐risk, and did not include a pre‐development baseline to allow for comparison of current and reasonably foreseeable future development that would take into account the combined effects of various projects.2 Shell’s revision demonstrates a much more extensive footprint than previously outlined and also documents greater effects on traditional plants. On a related point, in their August submission to the JRP, Environment Canada stated their concerns regarding Shell’s description of a 40% loss in high quality caribou habitat as a `low magnitude` event.
1 OSEC is composed of the Pembina Institute, the Toxics Watch Society of Alberta and the Fort McMurray Environmental Association. 2 http://www.ceaa.gc.ca/050/documents/53358/53358E.pdf
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This is particularly disturbing given the recent news that the federal government has delayed finalizing its boreal woodland caribou recovery strategy.3
As presented in the submissions to this current JRP, the Athabasca Chipewyan First Nation has extensively criticized Shell`s failure to adequately consult them on the Jackpine proposal.4 Other First Nations of the Athabasca area have made submissions indicating dissatisfaction with information and/or consultation on the Jackpine mine well as insufficient responses to supplemental information requests related to wildlife habitat, socio economic effects and waterflow impacts among others. Here it is significant to note that Amnesty International has analysed the relationship between the development of the Canadian Tar Sands and the abuse of rights of indigenous peoples. In their February 2012 briefing on Canada to a United Nations committee, Amnesty International states:
The failure to reach timely resolution of outstanding land disputes often has the consequence of depriving Indigenous peoples of access to an adequate land base on which to sustain their ways of life, pass traditions on to future generations, meet the immediate economic needs of their communities and rebuild their economies. These harms are compounded by the failure to provide effective interim protection for Indigenous land rights while disputes remain unresolved.
Large scale resource development on Indigenous lands, such as mining, oil sands extractions, oil and gas development and clear‐cut logging, presents an inherent challenge to the integrity of Indigenous peoples’ use of the land. Under international human rights standards, Indigenous peoples have a right to free, dprior an informed consent; i.e. to make their own informed decision about whether such development should proceed. In practice, consultation with Indigenous peoples typically occurs after the decision to prioritize extractive development over other land uses has already taken place. Consequently consultation tends to be confined to the mitigation of adverse project impacts rather than to the more fundamental question of whether the project should proceed or whether the land should be protected for other uses. Furthermore, governments in Canada typically rely on project proponents, or on regulatory agencies with limited mandates in respect to Indigenous rights, to carry out such consultations. Indigenous peoples who determine that a proposed project is incompatible with their use of the land typically have little recourse to prevent it going ahead, short of a lengthy legal battle that most are unable to afford.5
3 See http://albertawilderness.ca/news/2012/2012‐09‐29‐awa‐news‐release‐more‐death‐in‐the‐woods‐feds‐delay‐action‐ on‐caribou‐again. 4 A recent letter from ACFN that documents earlier correspondence is at http://www.ceaa.gc.ca/050/documents/p59540/81451E.pdf 5 See Amnesty International (2012) “Briefing to the UN Committee on the Elimination of Racial Discrimination http://www.amnesty.ca/files/CanadaUNCERDBriefingFebruary12.pdf, p 12. For an excellent account of of the structural inequality arising from oilfield development in Alberta, see Melina Laboucan Massimo’s photo essay on the 2011 Plains Midstream spill at http://www.youtube.com/watch?v=qz3nSscXamI
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Shell has also faced global criticism, and various lawsuits, for damages in sites that include Nigeria and Russia. In 2011, the Shell Bonga offshore project experienced the largest spill Nigeria had seen in over a decade, of approximately 40,000 barrels. On various occasions, NGO representatives, community members and Church groups have criticized Shell Nigeria and other oil companies for accusing local populations of sabotage in cases where spills were caused by erosion or poor facility maintenance. Most recently the organization Environmental Rights Action (ERA ‐ Friends of the Earth Nigeria) reported a case of surreptitious behaviour in an August 2012 spill near Shell’s Nembe flowstation.6 According to the ERA report, Shell representatives tried to convince community leaders to sign documentation on a joint inspection prior to undertaking a site visit. In 2009 a court in The Hague “ruled that, “ it did have jurisdiction over Shell Petroleum Development Company of Nigeria, Shell’s onshore Nigerian subsidiary” in cases where ERA/Friends of the Earth Nigeria claim”that Shell in Nigeria has failed to clean up oil spills properly or done so belatedly and without paying compensation. It also claims (Shell) is quick to ascribe spills to sabotage “.7 This case will go to Court this October in the Netherlands and concerns the impacts of spills and leakages from Shell facilities on community members of Oruma, Ikot Ada Udo and Goi in the Niger Delta.8
Also in August, the Director of Global Issues at Amnesty International made the following statement with regard to recent Shell spills: “The investigation process into oil spills in the Niger Delta is a fiasco. There is more investment in public relations messaging than in facing up to the fact that much of the oil infrastructure is old, poorly maintained and prone to leaks – some of them devastating in terms of their human rights impact.”9 Significant to this JRP process, a United Nations Environment Programme 2011 report on oil pollution in the Niger Delta of Nigeria states that “control and maintenance of oilfield infrastructure in Ogoniland has been and remains inadequate: the Shell Petroleum Development Company's own procedures have not been applied, creating public health and safety issues.” 10 Such results parallel the inability of Shell and other companies to meet Alberta’s provincial
6 See Yusuf (2012) “Shell‐Host Communities bicker over oil spill” in The Daily Independent at http://dailyindependentnig.com/2012/08/shell‐host‐communities‐bicker‐over‐nembe‐oil‐spill/ and ERA Field Report 317 at http://www.eraction.org/component/content/article/432 7 See Steen, M (2009). Court Rules on Niger Delta Oil Spill. Financial Times. December 30 at http://www.ft.com/intl/cms/s/0/efddb15a‐f55f‐11de‐90ab‐00144feab49a.html#axzz27zzqBPRl 8 Background information on the case is available at http://www.milieudefensie.nl/english/shell/oil‐ leaks/courtcase/press/documents/documents‐on‐the‐shell‐legal‐case#factsheets. 9 The full statement may be found at: http://www.amnesty.org/en/news/nigeria‐oil‐spill‐investigations‐fiasco‐niger‐delta‐ 2012‐08‐02 10 That report argued that the Nigerian government is “at the mercy of oil companies when it comes to conducting site inspections” UNEP (2011) Environmental Assessment of Ogoniland; p 40. See http://www.unep.org/nigeria/ Also see the Executive Summary and portions of the report concerning remediation and decommissioning of Shell (SPDC – Shell Petroleum Development Corporation) facilities. For instance, the Executive Summary states, among other points: “Ten out of the 15 investigated sites which SPDC [Shell] records show as having completed remediation, still have pollution exceeding the SPDCd (an government) remediation closure values. The study found that the contamination at eight of these sites has migrated to the groundwater. In January 2010, a new Remediation Management System was adopted by all Shell Exploration and Production Companies in Nigeria. The study found that while the new changes are an improvement, they still do not meet the local regulatory requirements or international best practices” (p12). On decommissioning UNEP writes
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regulations for tailings ponds. As of 2010, the ERCB gave Shell Jackpine a 9‐year leeway to meet the ERCBs new Directive 74 (Tailings Performance Criteria and Requirements for Oil Sands Mining Schemes) through a cumulative decrease in overall tailings. As of December 2010 the Jackpine project’s deadline for meeting these requirements was 2015 with the objective of a cumulative decrease equivalent to retro‐active fulfillment of the directive by 2019. Thus the Shell Jackpine mine’s compliance with the new tailings directive cannot even be monitored until three years into the future, and will not be available for proper evaluation for five years.11 As has been documented by Environmental Defense in a case currently active at the Commission for Environmental Cooperation of NAFTA12, Shell acknowledged in the JRP for the 2004 Jackpine project that seepage would occur from tailings to groundwater.13
Continuous approvals of Tar Sands projects threaten Canada’s responsibility to reduce greenhouse gas emissions. They contravene the basic rights of aboriginal peoples, and non‐aboriginal residents of Canada, to the present and future use of their land, to a healthy environment and to the construction of an equitable economy based on alternatives to fossil fuels. The project will contribute to further overburdening the environment of the area. The so‐called “precautionary principle”, if employed here, would require Shell to demonstrate that the project will not be harmful. Even if that principle were applied very leniently, the serious concerns documented in the eevidenc submitted to the JRP to date, including points made herein, indicate Albertans and Canadians would be negatively served by an approval of the Shell Jackpine Mine Expansion.
Sincerely,
Anna Zalik, PhD Isaac Asume Osuoka Associate Professor Doctoral Candidate Faculty of Environmental Studies Faculty of Environmental Studies York University York University Toronto, ON Toronto, ON
“While the SPDC database shows a number of pipelines and assets referenced as “abandoned” or “decommissioned”, the way in which some facilities were left does not seem to have adhered to SPDC’s own standards. UNEP’s reconnaissance routinely came across oilfield resources which had evidently been abandoned in an uncontrolled fashion. Thism varied fro pipelines left open and lying in trenches (possibly deserted midway through pipe laying operations), to oil facilities left standing but without subsequent maintenance. The bottom line is that the current state of the abandoned facilities of oil field structure in Ogoniland do not meet with international best practices” (ibid p99). 11 See http://www.ercb.ca/RSS/yp‐starter/535.aspx 12 See active submission SEM 10‐002 on the Alberta Tailings Ponds at http://www.cec.org/Page.asp?PageID=2001&ContentID=2864&SiteNodeID=546&BL_Ex... 13 http://www.ercb.ca/decisions/2004/2004‐009.pdf, p 43.
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Environmental Assessment of Ogoniland
United Nations Environment Programme First published in 2011 by the United Nations Environment Programme. © 2011, United Nations Environment Programme.
ISBN: 978-92-807-3130-9 Job No.: DEP/1337/GE
United Nations Environment Programme P.O. Box 30552 Nairobi, KENYA Tel: +254 (0)20 762 1234 Fax: +254 (0)20 762 3927 E-mail: [email protected] Web: http://www.unep.org
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This publication and other data on which it is based are available online at: www.unep.org/nigeria
Photography: Mazen Saggar and Victor Temofe Mogbolu. Unless otherwise credited, all other photographs in this publication were taken by UNEP staff.
Layout: Matija Potocnik UNEP promotes Cover image: Victor Temofe Mogbolu environmentally sound practices Printed on Recycled Paper globally and in its own activities. This publication is printed on recycled paper using vegetable-based inks and other eco- friendly practices. Our distribution policy aims to reduce UNEP’s carbon footprint. Environmental Assessment of Ogoniland
United Nations Environment Programme Table of contents
Foreword 6
Executive summary 8
Chapter 1: Introduction 18 1.1 Nigeria and the Niger Delta ...... 20 Rivers State ...... 22 Ogoniland ...... 22 1.2 Impacts of oil exploration and production...... 24 1.3 The Ogoni struggle and the cessation of oil exploration and production...... 25 1.4 Reconciliation process ...... 26
Chapter 2: Background to Environmental Degradation in Ogoniland 28 2.1 Environmental setting in Ogoniland and the Niger Delta ...... 30 Geology ...... 30 Groundwater ...... 30 Surface water ...... 31 Vegetation ...... 32 Local communities ...... 32 Ogoni interaction with neighbouring regions ...... 35 Institutional framework...... 36 2.2 Petroleum hydrocarbons: origin and environmental consequences ...... 36 Origin and use ...... 36 Environmental consequences of hydrocarbons ...... 37 Non-hydrocarbon environmental issues related to the oil industry ...... 41 2.3 Oil industry-related infrastructure in Ogoniland ...... 43 SPDC facilities in Ogoniland ...... 43 Non-SPDC oil industry facilities in Ogoniland ...... 46
Chapter 3: Objectives, Scope and Methodologies 50 3.1 Objectives ...... 52 3.2 Scope of the investigation ...... 52 Geographical scope ...... 52 Technical scope of the assessment ...... 53 3.3 Structure of the study team ...... 53 Project management ...... 54 Technical teams ...... 54 Cross-cutting teams ...... 55 Support teams ...... 55 Use of local resources ...... 58 Laboratories ...... 59 3.4 Assessment methodologies ...... 59 Community engagement ...... 61 3.5 Phase 1: Scouting exercises, desktop reviews and reconnaissance ...... 62 3.6 Phase 2: Intensive fieldwork ...... 64
2 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s Assessment of soil contamination ...... 64 Assessment of groundwater contamination ...... 66 Assessment of naturally occurring radioactive materials ...... 68 Assessment of surface water and sediment contamination ...... 68 Assessment of fish contamination ...... 70 Assessment of impact of oil contaminants on vegetation ...... 71 Assessment of damage to mangroves ...... 72 Assessment of impacts on air pollution and public health ...... 72 Remote sensing ...... 79 Sample management ...... 81 Field measurements ...... 83 Analytical measurements ...... 83 Field data collection for remote sensing ...... 84 Review of institutional issues ...... 85 3.7 Contamination assessment criteria ...... 85 Standards for soil ...... 86 Standards for groundwater ...... 87 Standards for drinking water ...... 87 Air quality standards ...... 88 3.8 Limitations, challenges and constraints ...... 88 Scientific constraints ...... 88 Security constraints ...... 90 Access restrictions ...... 91 Information constraints ...... 92 Sample management constraints ...... 93 Ill-defined boundaries ...... 93 Vertical delineation of contamination ...... 93 Time frame ...... 93
Chapter 4: Assessment of Contaminated Soil and Groundwater 94 4.1 Field observations of the current situation on land ...... 96 Habitation on or close to oilfield facilities ...... 96 Unmanaged vegetation ...... 98 Facilities not in operation ...... 98 Decommissioned and abandoned facilities ...... 99 Well blowouts ...... 100 4.2 Field observations concerning illegal oil-related activities ...... 101 Illegal tapping of oil wells and pipelines ...... 101 Artisanal refining ...... 102 4.3 Geological observations ...... 105 Groundwater ...... 105 4.4 Contamination assessments ...... 108 Soil and groundwater contamination ...... 108 Case study 1 SPDC pipeline right of way – 001-001 Ejama-Ebubu, Eleme LGA ...... 110 Case study 2 SPDC suspended facilities – Bomu Manifold, K-Dere, Gokana LGA ...... 115 Case study 3 SPDC legacy site – 008-010 Korokoro flow station ...... 119 Case study 4 NNPC trunk line spill – 019-013 1990 pipeline leak in K-Dere ...... 122
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 3 Case study 5 NNPC product line spill – 001-005 Nsisioken Agbi, Eleme LGA ...... 127 Case study 6 Fly tipping of oilfield waste - 001-022 – oil waste dump site ...... 130 Case study 7 SPDC remediation site 008-002 – Korokoro Well 3, Korokoro, Tai LGA ...... 132 Background concentration of hydrocarbons ...... 136 Barium pollution...... 136 Naturally occurring radioactive material (NORM) results ...... 136 4.5 Discussion of institutional issues ...... 138 Multiple institutions with unclear mandates ...... 138 Resolving the issue ...... 142 Review of SPDC’s practices and performance ...... 142 SPDC operational practice at oil spill sites ...... 150
Chapter 5: Assessment of Vegetation, Aquatic and Public Health Issues 152 5.1 Impact of oil on tide-dominated delta swamps and mangroves ...... 154 Case study 8 Artisanal refining of crude oil at 020-001 Bodo West oilfield, flow station and manifold ...... 161 5.2 Impact of oil on land-based vegetation ...... 167 5.3 Contamination of surface water, sediments and fish ...... 169 Presence of oil ...... 169 Water quality ...... 169 Petroleum hydrocarbons in water ...... 173 Impacts of oil on sediments ...... 175 Impacts of oil on fisheries ...... 175 5.4 Impacts of oil on public health ...... 183 Exposure and health questionnaires ...... 183 Case study 9 Groundwater pollution at Nsisioken Ogale, Eleme LGA ...... 189 Ogoniland is not an island ...... 200
Chapter 6: Recommendations 102 6.1 Operational recommendations ...... 205 Maintenance of oilfield facilities ...... 205 Decommissioning of oilfield facilities ...... 205 Prevention of illegal activities ...... 205 Oil spill response ...... 206 Ongoing remediation of contaminated sites ...... 206 6.2 Technical recommendations for environmental restoration...... 207 Clean-up of contaminated soil and sediments ...... 207 Decontamination of groundwater ...... 210 Rehabilitation of mangroves ...... 211 6.3 Recommendations for public health ...... 214 Communities exposed to petroleum hydrocarbons in their drinking water ...... 214 Communities living on rights of way ...... 215 People involved in bunkering and artisanal refining ...... 215 6.4 Recommendations on follow-up monitoring ...... 215 Preventive surveillance...... 216 Monitoring of groundwater ...... 217 Monitoring of water bodies, fish and aquatic sediments ...... 217 Monitoring of vegetation and fauna ...... 217
4 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s Air quality monitoring ...... 217 Public health monitoring ...... 217 6.5 Recommendations for changes to regulatory framework...... 217 Legislative matters ...... 217 Institutional arrangements...... 219 6.6 Recommendations for follow-up ...... 219
Chapter 7: Ogoniland’s Path to Sustainability 222 7.1 Recommendations for Government ...... 224 Creation of an Ogoniland Environmental Restoration Authority ...... 224 Creating an Environmental Restoration Fund for Ogoniland ...... 226 Creating a Centre of Excellence for Environmental Restoration ...... 227 Declare the intent to make the wetlands around Ogoniland a Ramsar site...... 228 Mount a campaign against environmental degradation...... 228 7.2 Recommendations for oil industry operators ...... 228 7.3 Recommendations for the Ogoniland community ...... 229 7.4 Interim actions to move forward ...... 229 7.5 Transition Phase ...... 231
Appendices
Appendix 1: Acronyms and abbreviations ...... 234
Appendix 2: Glossary ...... 236
Appendix 3: References ...... 240
Appendix 4: Collaborating partners ...... 245
Appendix 5: List of contributors ...... 246
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The history of oil exploration and production in In order to ensure the independence of the study Ogoniland is a long, complex and often painful and provide the logistics necessary, a framework one that to date has become seemingly intractable for cooperation was negotiated in which all parties in terms of its resolution and future direction. were involved and a recognized team of national and international experts then recruited for the It is also a history that has put people and politics two year assessment. and the oil industry at loggerheads rendering a landscape characterized by a lack of trust, paralysis This report details how that team carried out and blame, set against a worsening situation for their work, where samples were taken and the communities concerned. the findings that they have made. Over a 14-month period, the UNEP team examined The reality is that decades of negotiations, more than 200 locations, surveyed 122 kms initiatives and protests have ultimately failed to of pipeline rights of way, reviewed more than deliver a solution that meets the expectations and 5,000 medical records and engaged over 23,000 responsibilities of all sides. people at local community meetings. Detailed soil contamination investigations were conducted In an attempt to navigate from stalemate to action, at 69 sites. Altogether more than 4,000 samples the Government of Nigeria, in consultation with were analyzed, including water taken from 142 many of the relevant actors, invited UNEP groundwater monitoring wells drilled specifically to consider undertaking an assessment of oil for the study and soil extracted from 780 pollution in Ogoniland. boreholes.
UNEP has acquired an international reputation The findings in the report underline that there for assembling expert teams, coordinating are, in a significant number of locations, serious demanding assessments and bringing scientific threats to human health from contaminated and empirical evidence to policymakers. drinking water to concerns over the viability and productivity of ecosystems. In addition UNEP initially consulted with a wide range that pollution has perhaps gone further and stakeholders and the United Nations Country penetrated deeper than many may have previously Team in Nigeria in order to consider the scope supposed. and indeed the feasibility of the assessment. This report represents the best available understand- We were confronted with a unique challenge: ing as to what has happened to the environment of lack of trust between actors; political tensions Ogoniland – and the corresponding implications between communities; regional and national for affected populations – over many years of oil government; gaining access to Ogoniland; security industry operations. It provides the government, considerations and technical and logistical stakeholders and the international community challenges. with invaluable, baseline information on the scale of the challenge and priorities for action in terms Despite imperfect conditions, UNEP in the end of clean-up and remediation. agreed to undertake the study as it represented the only tangible option for possibly breaking It does not address all scenarios and answer the decades of deadlock while providing the all questions which have arisen over the years, government and stakeholders with a potential particularly in respect to legal questions which foundation upon which trust might be built and were beyond the terms of reference of the action undertaken to remedy the multiple health, undertaking. environmental and sustainable development issues facing millions of people in Ogoniland But UNEP believes it can provide a firm foundation and beyond. upon which all the stakeholders concerned can, if
6 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s they so wish, draw up a response to the findings of Rivers State, the Right Honourable Rotimi presented here. Chibuike Amaechi, along with the faculty and students at the Rivers State University of Science Before and during the assessment, the consensus and Technology led by Vice Chancellor Professor that has allowed this work to proceed in the first Barineme Beke Fakae. place was at times fluid and sometimes fractious and fragile. Many questions were raised, not least We also appreciate the assistance of our colleagues surrounding how the study was financed and by at the UN Nigeria Country Team, in particular whom. The report and its long list of annexes the UN Resident Coordinator, Mr Daouda Touré, needs to speak for itself. the Country Director of the United Nations Development Programme, Ms Ade Mamonyane But it is important to point out that from the Lekoetje, and the Resident Representative and outset UNEP deemed it right and appropriate Resident Security Coordinator in Port Harcourt, that key actors in the petroleum sector should Mr Larry Boms. bear the financial costs for this assessment and this was spelt out in the project document which I would also like to thank the national and is publicly available. international members of the assessment team including UNEP staff members. To date all parties have honoured those commitments and the rigor, independence and For the first time, there is systematic and scientific impartiality of the study and its conclusions has evidence available in the public arena on the been maintained which we hereby acknowledge. nature, extent and impacts of oil contamination in Ogoniland. The report also provides clear This study would not have been possible without operational guidelines as to how that legacy can the local knowledge and cooperation of the Ogoni be addressed. people and the support of many other stakeholders in Nigeria. We wish to sincerely thank the The oil industry has been a key sector of the members of the Presidential Implementation Nigerian economy for over 50 years. But many Committee, under the Chairmanship of The Nigerians have paid a high price, as this assessment Most Reverend Matthew Kukah, Bishop for the underlines. It is UNEP’s hope that the findings can Diocese of Sokoto; the former Federal Minister catalyze not only significant environmental and for the Environment, The Hononourable John social improvements in the region but a strategic Odey; the traditional rulers of Ogoniland, in policy on how the oil industry there will function particular the Paramount Ruler, His Majesty King in a way that truly benefits the lives and livelihoods Godwin N.K. Gininwa; the Executive Governor of these communities now and in the future.
Achim Steiner United Nations Under-Secretary-General Executive Director of the United Nations Environment Programme
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operational guidance as to how that legacy can be Executive Summary addressed. Introduction Assessment process Covering around 1,000 km2 in Rivers State, Involving desk review, fieldwork and laboratory southern Nigeria, Ogoniland has been the site analysis, the two year study of the environmental of oil industry operations since the late 1950s. and public health impacts of oil contamination Ogoniland has a tragic history of pollution from in Ogoniland is one of the most complex on-the- oil spills and oil well fires, although no systematic ground assessments ever undertaken by UNEP. scientific information has been available about the ensuing contamination. UNEP recruited a team of international experts in disciplines such as contaminated land, water, With this independent study, conducted at the forestry and public health, who worked under request of the Federal Government of Nigeria, the the guidance of senior UNEP managers. This United Nations Environment Programme (UNEP) team worked side-by-side with local experts, reveals the nature and extent of oil contamination academics and support teams comprised of in Ogoniland. logistics, community liaison and security staff.
TheEnvironmental Assessment of Ogoniland covers The UNEP project team surveyed 122 kms of contaminated land, groundwater, surface water, pipeline rights of way and visited all oil spill sites, sediment, vegetation, air pollution, public health, oil wells and other oil-related facilities in Ogoniland, industry practices and institutional issues. including decommissioned and abandoned facilities, that were known and accessible to UNEP during the This report represents the best available under- fieldwork period, based on information provided standing of what has happened to the environment by the Government regulators, Shell Petroleum of Ogoniland – and the corresponding implications Development Company (Nigeria) Ltd (SPDC) and for affected populations – and provides clear community members in and around Ogoniland.
Public meetings staged throughout Ogoniland during each phase of the study helped to build understanding of UNEP’s project and to foster community participation
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During aerial reconnaissance missions, UNEP Ogoniland is widespread and severely impacting experts observed oil pollution which was not readily many components of the environment. Even visible from the ground, including artisanal refining though the oil industry is no longer active in sites. Information provided by Ogoniland residents Ogoniland, oil spills continue to occur with about oil contamination in their communities alarming regularity. The Ogoni people live with supplemented official oil spill data supplied by the this pollution every day. Nigerian Government and SPDC. As Ogoniland has high rainfall, any delay in Following its initial investigations, UNEP cleaning up an oil spill leads to oil being washed identified 69 sites for detailed soil and groundwater away, traversing farmland and almost always ending investigations. In addition, samples of community up in the creeks. When oil reaches the root zone, drinking water, sediments from creeks, surface crops and other plants begin to experience stress water, rainwater, fish and air were collected and can die, and this is a routine observation in throughout Ogoniland and in several neighbouring Ogoniland. At one site, Ejama-Ebubu in Eleme areas. Altogether more than 4,000 samples were local government area (LGA), the study found analyzed, including water drawn from 142 heavy contamination present 40 years after an oil groundwater monitoring wells drilled specifically spill occurred, despite repeated clean-up attempts. for the study, and soil extracted from 780 boreholes. The UNEP project team also examined more than The assessment found that overlapping authorities 5,000 medical records and staged 264 formal and responsibilities between ministries and a community meetings in Ogoniland attended by lack of resources within key agencies has serious over 23,000 people. implications for environmental management on- the-ground, including enforcement. The samples were collected following internationally- accepted sample management procedures and Remote sensing revealed the rapid proliferation in dispatched for analysis to accredited (ISO 17025) the past two years of artisanal refining, whereby laboratories in Europe. The analytes examined in the crude oil is distilled in makeshift facilities. The study study included certain groups of hydrocarbons that found that this illegal activity is endangering lives are known to have adverse impacts and which are and causing pockets of environmental devastation therefore dealt with selectively in oil-spill assessment in Ogoniland and neighbouring areas. and clean-up work. The most important of these are BTEX (benzene, toluene, ethylbenzene and xylenes) Contaminated soil and groundwater and PAHs (polycyclic aromatic hydrocarbons). The report concludes that pollution of soil Volatile organic compounds (VOCs) were the main t by petroleum hydrocarbons in Ogoniland target of UNEP’s air quality investigations. is extensive in land areas, sediments and Extensive remote sensing analyses complemented swampland. Most of the contamination is from the fieldwork. Reviews of legislation, institutions, crude oil although contamination by refined oil industry practices and available remediation product was found at three locations. technologies were also undertaken by international t The assessment found there is no continuous experts to complete the study. clay layer across Ogoniland, exposing the groundwater in Ogoniland (and beyond) to A selection of the study’s key findings and recom- hydrocarbons spilled on the surface. In 49 cases, mendations are summarized below. Given the vast UNEP observed hydrocarbons in soil at depths of amount of data generated during the assessment, at least 5 m. This finding has major implications the following content should not be considered in for the type of remediation required. isolation. t At two-thirds of the contaminated land sites Summary of findings close to oil industry facilities which were assessed in detail, the soil contamination UNEP’s field observations and scientific exceeds Nigerian national standards, as set investigations found that oil contamination in out in the Environmental Guidelines and
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Standards for the Petroleum Industries in Aquatic Nigeria (EGASPIN). t The UNEP investigation found that the t At 41 sites, the hydrocarbon pollution has surface water throughout the creeks contains reached the groundwater at levels in excess of hydrocarbons. Floating layers of oil vary from the Nigerian standards as per the EGASPIN thick black oil to thin sheens. The highest reading legislation. of dissolved hydrocarbon in the water column, of 7,420 μg/l, was detected at Ataba-Otokroma, t The most serious case of groundwater con- bordering the Gokana and Andoni LGAs. tamination is at Nisisioken Ogale, in Eleme LGA, close to a Nigerian National Petroleum Company t Fish tend to leave polluted areas in search of product pipeline where an 8 cm layer of refined cleaner water, and fishermen must therefore oil was observed floating on the groundwater also move to less contaminated areas in search which serves the community wells. of fish. When encountered in known polluted areas, fishermen reported that they were Vegetation going to fishing grounds further upstream or downstream. t Oil pollution in many intertidal creeks has left mangroves denuded of leaves and stems, leaving t Despite community concerns about the quality roots coated in a bitumen-like substance of fish, the results show that the accumulation sometimes 1 cm or more thick. Mangroves of hydrocarbons in fish is not a serious health are spawning areas for fish and nurseries for issue in Ogoniland but that the fisheries sector juvenile fish and the extensive pollution of these is suffering due to the destruction of fish areas is impacting the fish life-cycle. habitat in the mangroves and highly persistent contamination of many of the creeks, making t Any crops in areas directly impacted by oil them unsuitable for fishing. spills will be damaged, and root crops, such as cassava, will become unusable. When farming t Where a number of entrepreneurs had set recommences, plants generally show signs of up fish farms in or close to the creeks, their stress and yields are reportedly lower than in businesses have been ruined by an ever-present non-impacted areas. layer of floating oil. t When an oil spill occurs on land, fires often t The wetlands around Ogoniland are highly break out, killing vegetation and creating a degraded and facing disintegration. The study crust over the land, making remediation or concludes that while it is technically feasible to revegetation difficult. restore effective ecosystem functioning of the wetlands, this will only be possible if technical t Channels that have been widened and the and political initiatives are undertaken. resulting dredged material are clearly evident in satellite images, decades after the dredging Public health operation. Without proper rehabilitation, former mangrove areas which have been converted to t The Ogoni community is exposed to petroleum bare ground are being colonized by invasive hydrocarbons in outdoor air and drinking species such as nipa palm (which appears to be water, sometimes at elevated concentrations. more resistant to heavy hydrocarbon pollution They are also exposed through dermal contacts than native vegetation). from contaminated soil, sediments and surface water. t In Bodo West, in Bonny LGA, an increase in artisanal refining between 2007 and 2011 t Since average life expectancy in Nigeria is less has been accompanied by a 10% loss of than 50 years, it is a fair assumption that most healthy mangrove cover, or 307,381 m2. If left members of the current Ogoniland community unchecked, this may lead to irreversible loss of have lived with chronic oil pollution throughout mangrove habitat in this area. their lives.
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Contaminated river at Sugi Bodo, Gokana LGA. The report provides baseline information on the scale of the challenge for Ogoniland and priorities for action in terms of clean-up and remediation
t Of most immediate concern, community the United States Environmental Protection members at Nisisioken Ogale are drinking Agency (USEPA) report as corresponding to a water from wells that is contaminated with 1 in 10,000 cancer risk. Many of the benzene benzene, a known carcinogen, at levels over 900 concentrations detected in Ogoniland were times above the World Health Organization similar to those measured elsewhere in the (WHO) guideline. The report states that this world, given the prevalence of fuel use and other contamination warrants emergency action sources of benzene. However, the findings show ahead of all other remediation efforts. that some benzene concentrations in Ogoniland were higher than those being measured in more t Hydrocarbon contamination was found in economically developed regions where benzene water taken from 28 wells at 10 communities concentrations are declining because of efforts adjacent to contaminated sites. At seven wells to reduce benzene exposure. the samples are at least 1,000 times higher than the Nigerian drinking water standard of 3 μg/l. Institutional issues Local communities are aware of the pollution and its dangers but state that they continue to t First issued in 1992, the EGASPIN form the use the water for drinking, bathing, washing operational basis for environmental regulation and cooking as they have no alternative. of the oil industry in Nigeria. However, this key legislation is internally inconsistent with t Benzene was detected in all air samples at regard to one of the most important criteria for concentrations ranging from 0.155 to 48.2 oil spill and contaminated site management – μg/m3. Approximately 10 per cent of detected specifically the criteria which trigger remediation benzene concentrations in Ogoniland were or indicate its closure (called the ‘intervention’ higher than the concentrations WHO and and ‘target’ values respectively).
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 11 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND t The study found that the Department of on the assumption that given the nature of the Petroleum Resources (DPR) and the National oil, temperature and an underlying layer of clay, Oil Spill Detection and Response Agency hydrocarbons will not move deeper. However, this (NOSDRA) have differing interpretations of basic premise is not sustainable as observations EGASPIN. This is enabling the oil industry to made by UNEP show that contamination can close down the remediation process well before often penetrate deeper than 5 m and has reached contamination has been eliminated and soil the groundwater in many locations. quality has been restored to achieve functionality for human, animal and plant life. t Ten out of the 15 investigated sites which SPDC records show as having completed t The Nigerian Government agencies concerned remediation, still have pollution exceeding lack qualified technical experts and resources. the SPDC (and government) remediation In the five years since NOSDRA was closure values. The study found that the established, so few resources have been contamination at eight of these sites has allocated that the agency has no proactive migrated to the groundwater. capacity for oil-spill detection. In planning their inspection visits to some oil spill sites, t In January 2010, a new Remediation the regulatory authority is wholly reliant on Management System was adopted by all Shell the oil industry for logistical support. Exploration and Production Companies in Nigeria. The study found that while the new t The oilfield in Ogoniland is interwoven changes are an improvement, they still do with the Ogoni community. The fact that not meet the local regulatory requirements or communities have set up houses and farms international best practices. along rights of way is one indicator of the loss of control on the part of the pipeline operator and the government regulator. Summary of recommendations t The UNEP project team observed hundreds The study concludes that the environmental of industrial packing bags containing 1,000- restoration of Ogoniland is possible but may take 1,500 m3 of waste, believed to be cuttings 25 to 30 years. The report contains numerous from oil drilling operations, dumped at a recommendations that, once implemented, former sand mine in Oken Oyaa in Eleme will have an immediate and positive impact on LGA. The open disposal of such waste in Ogoniland. Further recommendations have longer an unlined pit demonstrates that the chain timelines that will bring lasting improvements for of custody in the region between the waste Ogoniland and Nigeria as a whole. generator, transporter and disposal facility is not being followed. The hydraulic connection between contaminated land and creeks has important implications for the sequence of remediation to be carried out. Until the Oil industry practices land-based contamination has been dealt with, it t The study concludes that the control, will be futile to begin a clean-up of the creeks. maintenance and decommissioning of oilfield infrastructure in Ogoniland are inadequate. Due to the wide extent of contamination in Industry best practices and SPDC’s own Ogoniland and nearby areas, and the varying procedures have not been applied, creating degrees of degradation, there will not be one single public safety issues. clean-up technique appropriate for the entire area. A combination of approaches will therefore need t Remediation by enhanced natural attenuation to be considered, ranging from active intervention (RENA) – so far the only remediation method for cleaning the top soil and replanting mangrove observed by UNEP in Ogoniland – has not to passive monitoring of natural regeneration. proven to be effective. Currently, SPDC applies Practical action at the regulatory, operational and this technique on the land surface layer only, based monitoring levels is also proposed.
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It is recommended that the restoration of mangroves Operational recommendations be viewed as a large-scale pilot project in which multiple approaches to clean-up and restoration, t Immediate steps must be taken to prevent once proven, can be replicated elsewhere as needed existing contaminated sites from being in the Niger Delta. secondary sources of ongoing contamination while further risk assessments and investigations Emergency measures are undertaken for detailed planning of the clean-up of Ogoniland during a recommended The report identifies eight emergency measures Transition Phase. which, from a duty of care point of view, warrant immediate action. t All sources of ongoing contamination, including the artisanal refining which is currently ongoing in the creeks, must be brought to a swift end Emergency Measures before the clean-up of the creeks, sediments %NSURE THAT ALL DRINKING WATER WELLS WHERE and mangroves can begin. HYDROCARBONS WERE DETECTED ARE MARKED AND THAT PEOPLE ARE INFORMED OF THE DANGER t A campaign in Ogoniland to end illegal oil- 0ROVIDE ADEQUATE SOURCES OF DRINKING WATER TO THOSE HOUSEHOLDS WHOSE DRINKING WATER SUPPLY IS related activities should be jointly conducted IMPACTED by the government, oil companies and local 0EOPLE IN .SISIOKEN /GALE WHO HAVE BEEN authorities. It should include an awareness CONSUMING WATER WITH BENZENE OVER TIMES THE 7(/ GUIDELINE ARE RECORDED ON A MEDICAL REGISTRY component highlighting the disproportionate AND THEIR HEALTH STATUS ASSESSED AND FOLLOWED UP environmental footprint of artisanal refining )NITIATE A SURVEY OF ALL DRINKING WATER WELLS AROUND (borne by all sections of the community) and THOSE WELLS WHERE HYDROCARBONS WERE OBSERVED AND ARRANGE MEASURES AS APPROPRIATE BASED spell out training, employment and livelihood ON THE RESULTS incentives that will encourage people away 0OST SIGNS AROUND ALL THE SITES IDENTIlED AS HAVING from participating in this illegal activity. CONTAMINATION EXCEEDING INTERVENTION VALUES WARNING THE COMMUNITY NOT TO WALK THROUGH OR ENGAGE IN ANY OTHER ACTIVITIES AT THESE SITES Technical recommendations for 0OST SIGNS IN AREAS WHERE HYDROCARBONS WERE OBSERVED ON SURFACE WATER WARNING PEOPLE NOT TO environmental restoration lSH SWIM OR BATHE IN THESE AREAS )NFORM ALL FAMILIES WHOSE RAINWATER SAMPLES TESTED t Surface water. Clean-up activities of the POSITIVE FOR HYDROCARBONS AND ADVISE THEM NOT TO mangroves and soil should not be initiated CONSUME THE WATER AND before all possible measures are taken to stop -OUNT A PUBLIC AWARENESS CAMPAIGN TO WARN THE INDIVIDUALS WHO ARE UNDERTAKING ARTISANAL RElNING ongoing pollution from reaching the creeks. THAT SUCH ACTIVITIES ARE DAMAGING THEIR HEALTH t Restoration of swamplands. The most extensive area in terms of treatment of t To begin prioritizing specific locations to contamination will be the topsoil from the be cleaned up, restored or rehabilitated, the swamplands. The two main options are manual report suggests the following framework: cleaning of contaminated topsoil and low- – Priority 1. All instances where the Ogoni pressure water jetting. A portable facility which community is known to be at risk can be fixed on a barge, move through the bigger creeks and act as a base for decontamination – Priority 2. Instances where contamination crews, should be considered. could potentially affect the community (e.g. where groundwater, fishing grounds t A proposed Integrated Contaminated Soil or agricultural land are impacted) Management Centre will be a modern – Priority 3. Instances where a community’s industrial enterprise in Ogoniland employing livelihood support base is impacted, and hundreds of people. On-site ‘mini treatment – Priority 4. Instances where there is no centres’ for bioremediation and excavation immediate risk to people but where there water will also act as staging areas feeding the is non-compliance with the law. main soil treatment centre.
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 13 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND t Treatment of contaminated sediments. t Mangrove restoration. Local nurseries should Decisions on intervention for sediment be established so that healthy, indigenous treatment are more complicated than simply plants will be available to regenerate heavily basing them on an intervention value. Issues impacted mangrove stands. Rehabilitation will of erosion, vegetation damage and impact on focus on red mangroves along the waterfront local aquatic ecosystems as well as potential and on white mangroves inland – which have for natural recovery all need to be part of been most severely impacted – and also on the decision-making process. In some cases, containing the spread of invasive species. contaminated sediments will have to be dredged as part of the clean-up or they will Recommendations for public health act as reservoirs of pollution after the ongoing pollution has been eliminated. t Everyone who has consumed water from contaminated sources should be requested t Decontamination of groundwater. The to undertake a comprehensive medical issue of hydrocarbon contamination needs to examination by physicians knowledgeable be addressed in a comprehensive manner, but about the possible adverse health effects of the clean-up actions must be site-specific. In making hydrocarbons detected. decisions about the clean-up of groundwater, additional factors such as proximity to the t A focussed medical study should be initiated community, absorption characteristics of the soil to track the health of the Ogoni community and all possible pathways must be considered, and over their lifetimes to ensure any possible this will require additional data to be gathered as health impacts are identified early enough and part of the detailed clean-up planning process. acted upon.
During and following clean-up operations in Ogoniland, a monitoring programme should be put in place which includes monthly monitoring of surface water and quarterly monitoring of sediments
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4ABLE % 3UMMARY OF 5.%0S RECOMMENDATIONS FOR MONITORING Monitoring sector Monitoring approach Frequency Preventive surveillance Aerial scouting Weekly Surveillance from boats Weekly Surveillance of facilities and incident sites Weekly Groundwater Household visits in impacted communities One-off Wells around impacted sites and facilities Monthly Water bodies Surface water Monthly Sediments Quarterly Fish Quarterly Benthic organisms Quarterly Vegetation Transects in creeks and oilfield sites Once a year Mangrove fauna Once a year Analysis of satellite imagery Once a year Air quality Particulate measurements, hydrocarbons Monthly Public health Cohort registry of highly exposed communities Yearly Public health registry of entire Ogoniland community Yearly
Recommendations on monitoring Environment, with the concurrent transfer of staff or by recruiting and training new staff. t During and following clean-up operations in Ogoniland, a monitoring programme should t Comprehensively review existing Nigerian be put in place in consultation with the legislation on contaminated site clean-up national institutions mandated to deal with considering recent international developments specific environmental issues. All monitoring in regulation and incorporating community activities should be communicated to the consultation to determine remediation closure community and all results should be publicly levels so that decisions on new legislation are available. seen as both transparent and inclusive.
t Comprehensive air quality monitoring Recommendations for Government across Ogoniland should be initiated to detect ongoing pollution, to help establish t The report recommends that the Government guidelines for protecting public health and of Nigeria establishes an Ogoniland to track improvements at sites where clean-up Environmental Restoration Authority activities are under way. to oversee implementation of this study’s recommendations. With a fixed initial lifespan t A public health registry should be established of 10 years, the Authority will have a separate for the entire Ogoniland population in order budget which will accrue from an Ogoniland to determine health trends and take proactive Environmental Restoration Fund and its staff action individually or collectively where will largely be seconded from relevant national impacts related to long-term exposure to and state institutions. hydrocarbon pollution are evident. t The overall cost of the clean-up should not be Recommendations for changes to an obstacle to its implementation. Therefore, regulatory framework an Environmental Restoration Fund for Ogoniland should be set up with an initial t Transfer oversight of the EGASPIN legislation capital injection of USD 1 billion contributed from DPR to the Federal Ministry of by the oil industry and the Government.
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It is UNEP’s hope that the findings can catalyze significant environmental and social improvements in the region
To be managed by the Authority, the Fund t A public awareness campaign should be mounted should be used only for activities concerning to improve the community’s understanding of the the environmental restoration of Ogoniland, environmental and health impacts arising from including capacity building, skills transfer and hydrocarbon contamination in Ogoniland. This conflict resolution. should include a formal education component in the academic curricula in the Niger Delta. t A Centre of Excellence for Environmental Restoration should be established in Ogoniland Recommendations for oil industry to promote learning in other areas impacted by operators oil contamination, in the Niger Delta and elsewhere in the world. Offering a range of t SPDC procedures for oil spill clean-up and activities and services, the Centre could run remediation need to be fully reviewed and training courses in environmental monitoring overhauled so as to achieve the desired level and restoration and ultimately become a of environmental restoration. In addition to model for environmental restoration, attracting procedures and clean-up methods, contracting international attention. and supervision also need to be improved. t Build the capacity of government agencies to t SPDC should conduct a comprehensive review enable them to fulfil their mandates, through of its assets in Ogoniland and develop an ‘Asset such actions as increasing human resources Integrity Management Plan for Ogoniland’ and and equipment, and improving the technical a decommissioning plan. These plans should be skills of staff. communicated to the Ogoni people.
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t It is recommended that SPDC works with the t Community members should avoid protracted Nigerian regulators to clarify the paradox of negotiations over access by oil spill response remedial intervention and target values being teams as this means that responses to spills are the same. The parties should also agree on a delayed, resulting in a far greater environmental consultative approach to setting site-specific impact. clean-up values. t The community should take a proactive stand t In the event that a decision is made to restart against individuals or groups who engage oil exploration and production activities in in illegal activities such as bunkering and Ogoniland, the region should be treated as artisanal refining. a green-field site of high environmental and social sensitivity. This would mean applying The way forward the latest technologies and environmental guidelines, such as re-evaluating pipeline Restoring the livelihoods and well being of future routes to minimise environmental damage and Ogoni generations is within reach but timing is allocating a percentage of all project costs for crucial. Given the dynamic nature of oil pollution environmental and sustainable development and the extent of contamination revealed in initiatives in Ogoniland. UNEP’s study, failure to begin addressing urgent public health concerns and commencing a clean- Recommendations for the Ogoniland up will only exacerbate and unnecessarily prolong community the Ogoni people’s suffering. t The Ogoni community should take full ad- A Transition Phase is recommended to maintain vantage of the employment, skills development momentum and begin detailed planning in the and other opportunities that will be created intervening period between the release of UNEP’s by the clean-up operation which is aimed environmental assessment and the commencement at improving their living conditions and of a clean-up operation guided by an Ogoniland livelihoods. Environmental Restoration Authority.
While fishing was once a prime activity in Ogoniland, it was evident from community feedback and field observations that it has essentially ceased in areas polluted by oil
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Ogoniland is a kingdom situated in the Niger Delta – the largest river delta in Africa and the third largest in the world © Mazen Saggar
UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
Nigeria gained independence from the United Introduction Kingdom in 1960. With a population in excess This report presents the results of an environmental of 158 million people, Nigeria is a multi-ethnic assessment undertaken by the United Nations federation divided into 36 states and the Federal Environment Programme (UNEP) in Ogoniland, Capital Territory, within which lies the capital city Nigeria. The study covers thematic issues of of Abuja. More than 250 ethnolinguistic groups contaminated land, groundwater, surface water and are scattered across the country, but the three sediments, vegetation, air pollution and public health. dominant groups are the Hausas living in the north, the Ibos in the south-east and the Yoruba Ogoniland has witnessed recurrent social unrest mainly in the south-west [1]. during the past several decades over concerns related to oil industry operations, its revenue and petroleum- Nigeria is rich in natural resources, including related contamination. Although oil industry natural gas, petroleum, tin, iron ore, coal, operations were suspended in Ogoniland in 1993, limestone, niobium, lead, zinc, timber and widespread environmental contamination remains. extensive arable land. Prior to the discovery of oil Upon a request from the Federal Government of in the 1950s, agriculture was the mainstay of the Nigeria, UNEP undertook an independent study to economy, with agricultural produce exported to determine the extent of the environmental impacts the more industrialized regions of the world. By arising from oil industry operations in Ogoniland. 1971 there had been a shift from agriculture to This report sets out the background and context to petroleum production, such that between 1973 the present-day conditions in Ogoniland, provides and 1981 the value of agricultural exports fell a synthesis of UNEP’s findings, and gives a set of from more than USD 1.5 billion to about USD overarching recommendations to deal with the 0.3 billion [2]. Currently, oil provides 80 per cent multi-faceted environmental challenges currently of budget revenues and 95 per cent of foreign facing the Ogoni people. exchange earnings.
1.1 Nigeria and the Niger Delta Nigeria, one of Africa’s largest countries and its most populous, is situated in West Africa. The country covers an area of 923,768 km2, with an estimated 4,049 km of land boundaries, shared with Cameroon in the east, the Republic of Niger in the north, Chad in the north-east and Benin in the west. In the south, Nigeria’s 853-km long coastline opens onto the Atlantic Ocean.
The southern lowlands merge into the central hills and plateaus, with mountains in the south-east and plains in the north. The country’s largest river is the Niger, which joins with the Benue River to form a confluence at Lokoja. The Niger Delta, located in the southernmost part of Nigeria and covering an area of some 70,000 km², is the largest river delta in Africa and the third largest in the world (Map 1). From a coastal belt of swamps, stretching northwards the land becomes a continuous rainforest which gradually merges with woodland and savanna grasslands in central Nigeria. The A farmer tends her maize crop in Horo, Tai LGA. swamp, forest and woodland areas occupy about Prior to the discovery of oil in the 1950s, agriculture 12 per cent of the delta’s land surface. was the mainstay of Nigeria’s economy
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-AP 4HE .IGER $ELTA SHOWING /GONILAND
Akure ° !(
ONDOONDO
ENUGUENUGU EDOEDO
Enugu !( Benin City !(
Asaba Awka !( !(
ANAMBRAANAMBRA
IMOIMO Umuahia DELTADELTA Owerri !( !( ABIAABIA Niger Delta Uyo !( RIVERSRIVERS AKWAAKWA
!( IBOMIBOM BAYELSABAYELSA Port Harcourt Ogoniland
Atlantic Ocean
Niger Legend Kilometres State boundary 050100 !( Cities Nigeria Geographic Coordinate System Benin Main roads WGS 84 !\ Abuja Railroad Sources: Lagos r¬ Airport !( VMap0, SALB. Port Harcourt Rivers !( Cameroon Kilometres Water bodies
0 200 400 Atlantic Ocean Niger Delta UNEP 2011
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&IGURE -EAN MONTHLY RAINFALL IN 0ORT (ARCOURT
450
400
350
300
250
200 Average rainfall, mm 150
100
50
0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month of the year
Rivers State flow patterns are responsible for the deposition of fine-grained sediments in the delta. Rivers State – in which Ogoniland, the study area for this report, is located – is situated in the coastal Rainfall, which is variable but heavy across much plain of the eastern Niger Delta. Its topography is of the country, occurs throughout the year, mainly characterized by rivers, lakes, creeks, lagoons decreasing from around 4,700 mm/year in the and swamps of varying dimensions. The land south to around 1,700 mm/year in the north of surface can be grouped into three main divisions the state. The rainy season, which in coastal and from north to south: the freshwater zone, mangrove south-eastern parts of Nigeria begins in February swamps and the coastal sand ridge zone. or March, lasts about 330 days, with 250 mm or more of rain per day at times. The state’s capital, The riverine area, with a land surface between 2 Port Harcourt, has about 180 rainy days per year and 5 metres above sea level, covers about 40 per (Figure 1). Temperatures range from 28°C to cent of the state, while drier uplands occupy the 33°C. The hottest months are February to May, remainder. Most water channels in the freshwater with high relative humidity throughout the year, zone are bordered by natural levees that provide the decreasing slightly in the dry season. basis for settlements and agriculture. The upland area varies in height from 10 to 45 metres above Ogoniland mean sea level (msl), but the majority is below 30 metres asl. Its surface is interspersed by small ridges Ogoniland is a region covering some 1,000 km2 in and shallow swamp basins, as well as by gently the south-east of the Niger Delta basin (Map 2). sloping terraces intersected by deep valleys that It has a population of close to 832,000, according carry water intermittently. The southern part is to the 2006 National Census, consisting mainly subject to tidal influences and is highly susceptible of the Ogoni people. The region is divided to recurrent inundation by riverine flooding. These administratively into four local government areas:
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-AP /GONILAND SHOWING THE FOUR ,OCAL 'OVERNMENT !REAS ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO OBIO/AKPOR AYAMA
AKPAJO OYIGBO
PORT HARCOURT EBUBU ABAM TEKA-SOGHO TAI ELEME SIME JOR-SOGHO KOROKORO KPITE OGU KHANA
KPORGHOR DEKEN GIO OPUOKO LUEGBO-BEERI WAKAMA BORI BOLO OKRIKA BERA OGU/BOLO GOKANA ZAAKPON BERE
KAPNOR KIBANI
IMO RIVER KAA BONNY OLOMA
BONNY RIVER
ANDONI
ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend Kilometres Umuahia Owerri !( DELTA !( Local Government Area limits 01020 IMO Projection: UTM 32N Datum: WGS84 ABIA ! Settlements AKWA IBOM Hydrographic network Sources: RIVERS SPDC, River State Administrative map, Port Harcourt UNEP. !( Rail network
BAYELSA Express Way
UNEP 2011
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His Majesty King Godwin N.K. Gininwa, Ogoniland’s Paramount Ruler
Eleme, Gokana, Khana, and Tai. Traditionally the (SPDC), a joint venture between the Nigerian area is formed by six kingdoms (Babbe, Eleme, National Petroleum Company (NNPC), Shell Gokana, Ken-Khana, Nyo-Khana and Tai) with International, Elf and Agip. His Majesty King Godwin N.K. Gininwa as the area’s Paramount Ruler. While to the outside Oil exploration and production projects may have world the communities of Ogoniland may appear impacts on the natural environment long before similar, they have distinctive differences, including any oil is actually produced. These are complex, traditional institutional structures, languages and multi-faceted projects, with many different phases, cultural features. including: land survey, land clearance for seismic lines, establishment of seismic and drilling camps, site preparation, infrastructure construction, 1.2 Impacts of oil exploration drilling for oil (even when the effort is unsuccessful) and production and development of transportation infrastructure. Oil exploration in Ogoniland commenced in the Once a facility begins operating other issues have 1950s and extensive production facilities were to be dealt with, such as spills caused during oil established during the following three decades production and the disposal of water (often salty (Table 1). These operations were handled by Shell and known as ‘produced water’) and flaring of Petroleum Development Company (Nigeria) Ltd gas (‘produced gas’) generated alongside the oil. All of these activities and their effects leave an environmental footprint. 4ABLE /ILlELD FACILITIES IN /GONILAND AT THE CESSATION OF OIL PRODUCTION The oil industry’s environmental awareness and standards in the 1960s were very different and lower SPDC facility Number compared to those of the present day. This impact Oilfields 12 was exacerbated by the Nigerian Civil War (known Wells drilled 116 widely as the Biafran War) in the late 1960s, during Wells completed 89 which oil industry infrastructure was targeted and a Flow stations 5 number of facilities were damaged, with consequent Flow station capacity (barrels per day) 185,000 spillage of oil and widespread pollution.
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1.3 The Ogoni struggle and the 300,000 Ogoni on a march to demand a share in cessation of oil exploration oil revenues and greater political autonomy [4]. The conflict within the region, however, was not and production resolved in a peaceful manner. As a consequence of While oil exploration and the associated social the ensuing violence, oil exploration and production and environmental consequences in Ogoniland activities in Ogoniland ceased in 1993. began prior to Nigeria’s independence, the situation did not improve when the country In November 1995, following a trial by a military gained independence in 1960. Environmental tribunal, Saro-Wiwa and eight other Ogoni incidents, such as spills and uncontrolled flares, leaders were hanged in Port Harcourt. Continued continued to occur in the area and responses were social upheaval in the area further alienated the slow and inadequate. Ogoni community from SPDC, and MOSOP has since been campaigning for the total expulsion of Partly in response to the environmental consequen- Shell from Ogoniland. ces of oil production, the Movement for the Survival of the Ogoni People (MOSOP) was founded under While no oil production has taken place in the leadership of the Nigerian author Ken Saro- Ogoniland since 1993, the facilities themselves Wiwa. A staunch defender of the rights of the have never been decommissioned. Some oil Ogoni people, Saro-Wiwa criticized oil companies pipelines carrying oil produced in other parts of and the government’s oil policy and brought Nigeria still pass through Ogoniland but these are international attention to the Ogoni cause. not being maintained adequately. Consequently, the infrastructure has gradually deteriorated, In 1990, MOSOP presented the Ogoni Bill of through exposure to natural processes, but also Rights to the Federal Government of Nigeria as a result of criminal damage, causing further [3]. The Bill included a number of references to pollution and exacerbating the environmental environmental issues. In 1993, Saro-Wiwa joined footprint.
A UNEP project team member at a wellhead at Ebubu Ejama, Eleme LGA, typical of the oil infrastructure progressively installed in Ogoniland since the late 1950s
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1.4 Reconciliation process Accordingly, in July 2006, UNEP received an official request from the Federal Government of In 1999, democracy was re-established in Nigeria Nigeria to conduct a comprehensive assessment and legislation to increase revenue sharing within of the environmental and public health impacts oil-producing regions soon followed. However, as of oil contamination in Ogoniland, Rivers the Ogoniland oilfield lay dormant, the Ogoni State, together with options for remediation. people were unable to benefit from these reforms. In response, the Executive Director of UNEP The country’s political leadership therefore deployed a high-level mission to Nigeria in order decided to establish a mechanism whereby the to gain a fuller understanding of the background oil industry operator could enter a process of to the request and the expectations of the Nigerian reconciliation with the Ogoni community, Government. Extensive discussions took place enabling oil production to recommence and the with various stakeholders, including the President community to benefit from the new revenue- of Nigeria, local government officials and SPDC sharing legislation. management. The UNEP team also conducted field visits to Ogoniland and met with the key In 2005, His Excellency Olusegun Obasanjo, Ogoni stakeholders. A series of pre-arranged, President of the Federal Republic of Nigeria, well-publicized and well-attended public meetings appointed Reverend Father Matthew Hassan helped the mission to understand local community Kukah as mediator between the Ogoni and Shell. perspectives and expectations. As part of the reconciliation process, an impartial, international agency would be appointed to Following these preparatory consultations, UNEP undertake an environmental assessment and presented a proposal (including workplans and supervise the clean-up of the areas damaged by budgets) to the Nigerian Government in January the effects of oil operations in Ogoniland. 2007 for a two-phase project:
A typical market in Ogoniland
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A community meeting in Ogoniland, 2006. UNEP representatives consulted the community prior to commencing the environmental assessment
1. A comprehensive Environmental Assessment These suggestions were agreed to by all parties. of Ogoniland, and UNEP also made it clear that the assessment 2. An environmental clean-up to follow, based would be completely independent, and this too on the assessment and subsequent planning was accepted by all parties. and decisions. While the project was approved in 2007, The President agreed with UNEP’s proposals and administrative delays meant that fieldwork could made two suggestions: not start until late 2009. Fieldwork and laboratory analysis were completed in January 2011. The t A Presidential Implementation Committee, under study resulted in tens of thousands of analyses and the chairmanship of Bishop Kukah should photographs, all illustrative of the environmental be formed to oversee the work, and would situation in Ogoniland. The many separate reviews consist of HM King Gininwa, the Paramount and findings have been synthesized in this final report King of Ogoniland, and representatives of the – the main output of the Environmental Assessment Federal Environment Ministry, the Rivers State of Ogoniland component of UNEP’s work – to Ministry of Environment, the National Oil Spill present the information in a relevant and useful Detection and Response Agency (NOSDRA), manner. Before discussing the scientific findings, a SPDC and MOSOP, and series of field observations are described. The data on t All expenses relating to the environmental which this report is based are being made available assessment should be borne by SPDC under online (www.unep.org/nigeria) to enable those who the ‘polluter pays’ principle. wish to undertake more in-depth analyses to do so.
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An Ogoni woman draws water from an open well. With a rich and diverse culture, the Ogoni have lived in the Niger Delta for hundreds of years © UNEP
UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
Agbada Formation and Akata Formation. The Background to Benin Formation is comprised of multiple layers Environmental of clay, sand, conglomerate, peat and/or lignite, all of variable thickness and texture and covered by Degradation in overburden soil. Clay beds are discontinuous and groundwater is therefore present both as localized Ogoniland aquifers or in hydraulically interconnected aquifers. The ground characteristics are consistent Ogoniland is characterized by typically deltaic with deltaic environments, where erosion and features: uneven terrain, numerous creeks, shallow deposition of sediments constantly shift the course brackish water bodies and a variety of vegetation of channels, tributaries and creeks. types including swamp forest. The following section describes in detail Ogoniland’s environmental Groundwater setting and oil industry operations. Ogoniland’s aquifers are a crucial resource upon 2.1 Environmental setting in which the region’s entire population depends for Ogoniland and the Niger Delta drinking water. The protection of these aquifers is therefore vital. These aquifers are very shallow, with Geology the top-most groundwater levels occuring anywhere between close to the surface and a depth of 10 The Niger Delta is the product of both fluvial metres. To tap the aquifers, Ogoni communities and marine sediment build-up since the upper typically construct open, hand-dug wells about Cretaceous period, some 50 million years ago. 60 cm in diameter and water is abstracted either Over time, up to 12,000 metres of shallow manually or with pumps. In some areas affected by marine sediments and deltaic sediments have localized pollution of water closer to the surface, accumulated, contributed mainly by the Niger wells can be up to 50 metres deep. In such cases, River and its tributaries. The main upper immersible pumps are used to draw water. Water geological layers consist of Benin Formation, levels in these aquifers are highly seasonal.
An Ogoni fisherman
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-AP /GONILAND IS MARKED BY NUMEROUS DELTAIC CREEKS ° EBERI/ OMUMA IKWERRE ETCHE
OBIO/AKPOR
OYIGBO
ELEME PORT HARCOURT TAI
KHANA OKRIKA OGU/BOLO GOKANA
IMO RIVER
BONNY RIVER
ANDONI RIVER DEGEMA ANDONI BONNY OPOBO/ NKORO
Satellite : Landsat Kilometres Acquisition date : 1986 0510 ©NASA UNEP 2011
Fresh groundwater can also be found in the Surface water shallow, sandy and unconfined aquifers of the coastal beach ridges, river bars and islands in The Rivers State region is drained by the Bonny the mangrove belt, as well as at varying depths and New Calabar river systems and numerous in confined aquifers. A large number of wells associated creeks and streams. Ogoniland itself drilled in the coastal area produce brackish (salty) is bounded to the east by the Imo River and to water which is not fit for drinking. In some areas, the west by a series of creeks (Map 3). The Imo brackish groundwater can be found at depths receives freshwater inflow during the rainy season greater than 200 metres below ground level. but is also influenced by tidal variations. The
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 31 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND width and velocity of freshwater creeks increase They live in close-knit rural communities, their downstream to form meandering or braided livelihoods based on agriculture and fishing. The channels in the delta. total population of the four local government areas (LGAs) – Eleme, Gokana, Khana and Tai Tidal systems are confined to the southern part – according to the 2006 National Census was of the UNEP study area and comprise saline and brackish mangrove swamps with meandering tidal approximately 832,000 (Table 2). creeks. Within Ogoniland, four main languages are spoken, which although related are mutually exclusive: Vegetation Eleme, Gokana, Khana and Tai. Linguistic experts The coastal area comprises three vegetation zones: classify Eleme, Gokana and Khana as a distinct (i) beach ridge zone, (ii) saltwater zone and (iii) group within the Beneu-Congo branch of African freshwater zone. The beach ridge zone is vegetated languages or, more specifically, as a branch in the by mangroves on the tidal flats and by swamp New Benue-Congo family. trees, palms and shrubs on the sandy ridges. The saltwater zone is mainly vegetated by red mangrove (Rhizophora mangle). The coastal plain and 4ABLE .UMBER OF INHABITANTS BY LOCAL freshwater zone is vegetated by forest tree species and GOVERNMENT AREA ,'! ;= oil palm. The Niger River floodplains are covered LGA Inhabitants by rainforest trees, oil palm, raffia palms, shrubs, Eleme 190,884 lianas, ferns and floating grasses and reeds. Gokana 228,828 Mangroves have traditionally provided a variety of Khana 294,217 ecosystem services and products to the community, Tai 117,797 including fishing grounds, timber for housing, and Total 831,726 fuelwood. Tree and shrub cover remains important in uncultivated areas. Other non-timber forest products which are important, especially for poorer households, include grass cutters, bamboo for staking of yam (edible perennial herbaceous vines), medicinal plants, vegetables, fruits and snails.
An agriculture-based economy and an increasing population have meant that most of the rainforest that once covered Ogoniland has been cleared for farming. In many places the practice of integrating farming and forestry remains, covering large areas of land and consisting mainly of oil palm and rubber plantations. The farm animal population too has increased with population density, with the animals also involved in nutrient recycling [5].
In Ogoniland, only small-sized sacred forests (shrines) of usually less than 1 ha remain in a relatively undisturbed state, while most of the remaining vegetation is highly degraded. Original vegetation consists mainly of mangroves.
Local communities The Ogoni are a distinct people who have lived in the Niger Delta for hundreds of years. Ogoni women carrying wood and produce
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Ogoniland is home to an estimated 832,000 people
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The creeks in Ogoniland also form important transportation routes
Eleme LGA occupies the western end of Ogoniland. Gokana LGA was created out of the former It has 10 clans within two administrative political Gokana Tai Eleme LGA and came into being on blocs or units: the Nchia bloc with six clans (Akpajo, 23 September 1991. It comprises 17 autonomous Aleto, Alesa, Alode, Ogale and Agbonchia) and communities. The Gokana people are mostly the Odido bloc with four clans (Onne, Ebubu, fishermen and farmers. Gokana is located within Eteo and Ekporo). Each clan has numerous sub- the South East Senatorial Zone and has both communities; the Ebubu clan for example includes riverine and upland communities. It was also one the Ejamah, Ochani, Obollo, Egbalor and Agbeta of the major oil-producing areas in Rivers State. It communities. shares boundaries with Tai in the north, Khana in the east, Ogu/Bolo in the west and Bonny in the The oilfields in Eleme LGA, which encompass south. The LGA is situated about 50 km south of locations in Ebubu (Ejamah, Agbeta, Obollo, Port Harcourt and 30 km from Onne industrial Egbalor), Ogale (Ajioepuori, Nsisioken, Obajeaken, area. Nsisioken) and Onne (Ekara), were discovered in October 1956. Oil from operations in Eleme was Khana LGA is the largest of the four LGAs in included in the first shipment of 22,000 barrels Ogoniland, with a total of 106 communities and of crude oil exported from Nigeria to Europe in a population of 294,217 (as at the 2006 census). 1958. The people are also predominantly farmers and fishermen. The LGA has four districts: Babbe, The communities of Eleme host several major Ken-Khana, Nyorkhana and Bori Urban. The Yorla national and international establishments. oilfield lies in Khana LGA. Eleme’s main river is the Imu Ngololo, along Tai LGA was created out of the former Tai- which the Nigerian Naval College is based. Eleme LGA in 1997, which in turn was a
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successor in 1991 to Gokana Tai Eleme LGA. Its that the problems of Ogoniland cannot be solved administrative headquarters are at Saakpenwa. It in isolation. is one of the major oil-producing LGAs in Rivers State and is composed of 27 communities and These issues are particularly significant with villages inhabited predominantly by farmers and regard to pollution in creeks. Oil pollution, once fishermen. The LGA has three districts – Tua-Tua it reaches the creeks, can move back and forth District, Nonwa Area and Kira Central District with the tides. Consequently, an oil spill, even (Tai Central) – and is bounded by Oyigbo to around Bonny Island at the southern edge of the north, Gokana to the south, Khana to the Rivers State, can reach the coast and waters of east and Eleme to the west. Korokoro Tai, in Ogoniland. Similarly, pollution from Ogoniland Tua-Tua district, is one of the Tai LGA’s major can reach downstream villages such as Andoni, oil-producing communities, with one flow station and eventually as far as the sea. and nine oil wells. It was discovered by SPDC in 1968. Cross-border environmental impacts are also relevant for oil industry infrastructure. While oil Ogoni interaction with neighbouring production no longer occurs in Ogoniland, crude regions and refined oil products transit the region via pipelines. The main SPDC oil pipeline, or trunk Metaphorically and practically speaking, Ogoniland line, from upstream production areas runs to the is not an island. This has two implications. The first export terminal at Bonny, while the pipelines is that pollution from Ogoniland has the potential from Bonny terminal to Port Harcourt refinery to reach and cross its boundaries, as well as entering and from Port Harcourt refinery to Umu Nwa Ogoniland from external sources. The second is Nwa also pass through Ogoniland.
Pipelines in neighbouring Okirika LGA. The environmental impacts of oil operations are a shared legacy
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Institutional framework management or regulation of the oil industry, but have de facto involvement with both issues because The institutional set-up and legislation related to of their physical presence ‘on the ground’. environmental management of the oil and gas industry in Nigeria have evolved over the past 50 The long history of environmental problems years and are very complex. caused by oil spills also gives the Nigerian judicial system a prominent role as it deals with The Department of Petroleum Resources (DPR) penalties and punishments for environmental and under the Federal Ministry of Petroleum Resources oil-related offences and crimes, as well as with plays a key role in regulating and enforcing compensation claims for victims. environmental law in Nigeria. The DPR regulation ‘Environmental Guidelines and Standards for Petroleum Industry in Nigeria’ (EGASPIN) [7], 2.2 Petroleum hydrocarbons: first issued in 1992 and reissued in 2002, forms origin and environmental the basis for most environmental regulation of the consequences oil industry. Origin and use In 1999, the Federal Ministry of Environment was formed, followed in 2006 by the establishment ‘Petroleum’ originates from two Latin words: ‘petra’ of the National Oil Spill Detection and Response meaning rock, and ‘elaion’ meaning oil. Hydrocarbons Agency (NOSDRA). Both of these institutions refer to chemical substances formed exclusively from base their operations on the DPR Environmental carbon and hydrogen. Petroleum hydrocarbons are Guidelines and Standards. thus naturally occurring hydrocarbon substances and, depending on the length of the carbon There are also ministries at the state level; the chain, can occur in gas, liquid or solid form. Rivers State Ministries of Environment and Hydrocarbons are formed by the decay of organic Water Resources both have the management substances trapped within sedimentary rocks. High of environmental issues in Ogoniland within temperatures and pressure convert the trapped their mandates. Local government bodies do matter into hydrocarbons. Liquid hydrocarbon not have an official role in either environmental found in nature is also referred to as crude oil [8].
Visible hydrocarbon pollution on surface water in Ogoniland
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Crude oil consists of a complex mixture of hydrocarbons. But there are other possible sources, hydrocarbons of various molecular weights. In such as vehicle and generator emissions, burning of addition nitrogen, oxygen and sulphur occurs vegetation and trash (including domestic waste), in small quantities. The hydrocarbons consist of food processing and use of cooking fuels. All these alkanes (paraffins) and cycloalkanes (naphtalenes) activities are commonplace in Ogoniland. that are saturated hydrocarbons with strait or branched chains of hydrocarbon molecules. Alkanes In looking at the environmental consequences and cycloalkanes which normally constitute the of hydrocarbons, it is important to remember dominating part of the oil, about 80%, have similar that ‘hydrocarbons’ is an umbrella term used for properties but cycloalkanes have higher boiling hundreds of different organic compounds. Secondly, points. The remaining hydrocarbons are aromatic, hydrocarbons can cause environmental consequences meaning the molecules are unsaturated made up of due to their chemical properties (e.g. toxicity) or benzene-rings. To this group of molecules belongs physical properties (e.g. smothering). And lastly, the polycyclic aromatic hydrocarbons (PAHs – also owing to the very large number of hydrocarbons known as polyaromatic hydrocarbons or polynuclear present in crude oil, the environmental and health aromatic hydrocarbons), some of which are know for impacts of all the constituent parts have not yet been their carcinogenic properties. One additional group fully studied or understood. of hydrocarbons that occur in varying amounts up Impacts on soil to 10% in crude oil is the asphaltenes, which are molecules with relatively high weight. Oils consisting Hydrocarbon pollution of soil can occur in several of a relatively high proportion of asphaltenes tend ways, from natural seepage of hydrocarbons to be thick almost like asphalt. in areas where petroleum is found in shallow reservoirs, to accidental spillage of crude oil The use of crude oil has created at least four major on the ground. Regardless of the source of industrial groups: contamination, once hydrocarbons come into 1. The exploration and production industry, which contact with the soil, they alter its physical and searches for, finds and then produces crude oil chemical properties. The degree of alteration depends on the soil type, the specific composition 2. The oil and gas tanker industry, which of the hydrocarbon spilled and the quantity transports crude oil and refined products spilled. In the least damaging scenario, such as around the world a small spill of a volatile hydrocarbon onto dry sand, the hydrocarbons evaporate fast, causing no 3. The refining sector, which breaks down crude chemical or physical damage to the soil. In other oil into a number of products, including diesel, situations, for example a spill of heavy crude oil petrol and specialty oils onto clay soil, the chemicals can remain within the 4. The petrochemical industry, which takes crude soil for decades, altering its permeability, causing oil-derived hydrocarbons as feedstock and toxicity and lowering or destroying the quality of converts them into a range of everyday products the soil. In such circumstances, the soil itself will used in modern living become a source of pollution. Contaminated soil can affect the health of organisms Environmental consequences through direct contact or via ingestion or inhalation of hydrocarbons of soil contaminants which have been vaporized. Soil also acts as a reservoir of residual pollution, While the economic significance of hydrocarbons releasing contaminants into groundwater or air over as the primary source of fuel and its versatile extended periods of time, often after the original application in downstream industries are obvious, source of pollution has been removed [13]. the product may also have major environmental consequences [9]. Impacts on water Oil exploration, production and processing Hydrocarbons can enter water through direct represent prime sources of exposure to petroleum spills or from a spill originally occurring on land
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UNEP expert examining vegetation and subsequently reaching water bodies through the type and quantity of the chemical(s) involved, the effects of wind, rain, surface or sub-surface to the life-cycle development stage of the plants flow. Regardless of the means of entry, there will concerned, and the means through which the be adverse impacts though the nature and severity plants came into contact with the hydrocarbon. of such impacts is dependent on the specific Different vegetation types also have varying chemical composition and physical characteristics sensitivity to hydrocarbons. of the hydrocarbon involved and the degree of concentration/dilution. Hydrocarbons can cause In the case of Nigeria, where spillages are not both physical and chemical effects in water; even immediately attended to, oil spills often lead very small quantities of hydrocarbon can prevent to fires, causing total or partial destruction of oxygen transfer in the water column, thus affecting vegetation. While such fires tend to be localized, aquatic life-support systems. The presence of more extensive fires, especially in forested regions, mere traces of a highly toxic hydrocarbon, such have the capacity to change species diversity over as benzene, may render water unfit for human significant areas. consumption [10]. Impacts on aquatic and terrestrial wildlife Impacts on vegetation Oil spills can affect wildlife, both aquatic and Hydrocarbons can come into direct contact terrestrial, in many ways. The severity of damage with vegetation in many ways: through spillage will depend on the type(s) of hydrocarbon onto roots, stems or leaves; through spillage involved, the quantity spilled, the temperature onto soil; through dissolved hydrocarbons in the at the time of the incident, and the season. groundwater in the root zone of the vegetation; or Dissolved or emulsified oil in the water column via air surrounding the vegetation [11]. Impacts can contaminate plankton, algae, fish eggs and on vegetation depend on a range of factors, from invertebrate larvae [12].
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Intertidal benthic invertebrates located in sediments Impacts on people subjected to tidal variations are particularly at risk, due more to the smothering effects of Petroleum hydrocarbons can enter people’s bodies thick, weathered oil reaching the coastline. when they breathe air, bathe, eat fish, drink water Sediments often become reservoirs of hydrocarbon or accidentally eat or touch soil or sediment that contamination. Meanwhile, fish can be affected via is contaminated with oil (Figure 2). their gills or by ingesting oil or oil-contaminated prey. Fish larvae are equally at risk, particularly Crude oil contains many compounds, primarily when oil enters nursery areas such as mangroves volatile and semi-volatile organic compounds or other wetlands. (VOCs and SVOCs), including some PAHs, as well as some other sulphur- and nitrogen- Physical contact with oil destroys the insulation containing compounds and metals. When oil properties of fur and feathers, causing various is burned, additional PAHs can be formed as effects in birds and fur-bearing mammals. Heavily combustion by-products along with inhalable oiled birds can also lose their ability to fly, as well fraction PM10 (particles measuring less than 10 as their buoyancy, causing drowning. In efforts microns), and respirable fraction PM2.5 (particles to clean themselves, birds often ingest oil, which measuring less than 2.5 microns). Petroleum may have lethal or sub-lethal impacts through, hydrocarbons differ with respect to their behaviour for example, liver and kidney damage. in the environment and it is this behaviour that defines whether they are more likely to be in air, For a more comprehensive discussion of the biological water, soil, sediment, food or other media that impacts of oil pollution, refer to the Guidelines on Biological Impacts of Oil Pollution prepared by the people might come in contact with. International Petroleum Industry Environmental Petroleum products can contain hundreds or Conservation Association (IPIECA) [13]. even thousands of individual compounds that differ with respect to their potential impacts on people with regard to both exposure and degree of toxicity. The dose and duration of exposure has a direct influence on the effects that may follow. Some petroleum hydrocarbons are soluble in water, while others might be present in water as a separate phase of oil. People of all ages might be exposed to petroleum-contaminated surface water or groundwater when used for bathing, washing, cooking and drinking. People of all ages can also be exposed to petroleum that evaporates into the air. Members of fishing communities risk exposure to petroleum if they drink, bathe or collect shellfish in contaminated water, or if they come into contact with or accidentally ingest contaminated sediment while engaged in any of these activities.
Petroleum hydrocarbons are not efficiently taken up by plants or animals, and finfish – unlike shellfish – metabolize PAHs, preventing accumulation in edible tissue. While most foods are therefore unlikely to be important sources of exposure to petroleum hydrocarbons, farmers can suffer direct exposure from contaminated soil An Ogoni farmer harvesting plantain during their day-to-day work.
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The types of chemical present in crude and refined might include cancer and neurotoxicity [19]. oils and released during its combustion may lead to Aguilera et al. (2010) reviewed human health short-term respiratory problems and skin and eye evaluations associated with oil spills around the irritation if concentrations are sufficiently high. world and found that most provided evidence Acute health effects of exposure to petroleum are of a relationship between exposure to spilled reasonably well understood: dermal exposure can oils and acute physical and psychological lead to skin redness, oedema, dermatitis, rashes effects, as well as possible genotoxic and and blisters; inhalation exposure can lead to red, endocrine effects [17]. Effects of oil exposure watery and itchy eyes, coughing, throat irritation, on the developing foetus are also not well shortness of breath, headache and confusion; and understood, although adverse effects have ingestion of hydrocarbons can lead to nausea and been observed in studies involving individual diarrhoea [14, 15, 16]. In addition, environmental petroleum hydrocarbons, including benzene contamination associated with oil spills and its and some PAHs [19, 20]. effect on livelihoods and general quality of life could reasonably be expected to cause stress Impacts of specific hydrocarbons on among members of affected communities, and environment and health stress alone can adversely affect health [17, 18]. Given that there are many hundreds of different Chronic effects from comparatively low-level hydrocarbons, which may occur individually or exposure are not so well understood and in combination, their impacts on the natural
&IGURE #ONCEPTUAL MODEL OF HUMAN EXPOSURE TO OIL SPILLS
Sources Primary Exposure Secondary Exposure Exposure Exposed Media Media Route Subpopulations
Indoor air
Outdoor air Inhalation, (particles and vapors) ingestion deposition
volatilization deposition Agricultural resuspension products; wild Ingestion edible species
Soil People living in or consum- ing dietary Oil spills e.g., leaching items from areas where oil-related Groundwater contamination Dermal has come to Drinking water ingestion, be located discharge inhalation
Surface water
Fish and shellfish; other Ingestion resuspension deposition edible aquatic species
Dermal Sediment ingestion
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environment and health of organisms are not Barium fully understood. However, there are certain groups of hydrocarbons that are known to have Barium is a heavy metal and excessive uptake adverse impacts and which are therefore dealt of water-soluble barium may cause a person to with selectively in oil-spill assessment and clean- experience vomiting, abdominal cramps, diarrhea, up work. The most important of these groups difficulties in breathing, increased or decreased are BTEX (benzene, toluene, ethylbenzene blood pressure, numbness around the face, and and xylenes) and PAHs. There are many muscle weakness [26]. Barium chemicals are used published documents worldwide that provide by the oil industry in drilling mud, which is then comprehensive information on these groups. often left in the mud pits around wellheads or The following gives a brief overview. dumped offshore [27]. In the past, no particular effort was made either to transport the mud BTEX compounds contain one aromatic carbon away from the drilling location or to handle (benzene) ring. They have low molecular weight, it in an environmentally appropriate manner. high volatility and are comparatively highly Consequently, it is not uncommon to find high soluble in groundwater. BTEX is naturally concentrations of barium in the drilling pits. present in crude oil, often in small quantities. Naturally occurring radioactive materials The concentration of these substances is increased during petroleum cracking (the breaking down of Naturally occurring radioactive material (NORM) high-molecular weight hydrocarbons into low- includes all radioactive elements or isotopes molecular weight compounds) [21, 22]. found naturally in the environment. Long-lived radioactive elements, such as uranium, thorium BTEX substances are highly mobile and able and any of their decay products, including radium to find their way into human beings through and radon but also the radioisotope potassium-40, air or water relatively quickly. In addition, their are examples of NORM. These elements have toxicity also makes them more potent. Benzene, always been present in the Earth’s crust and within for example, is a known carcinogen, in addition the tissues of all organisms. to having numerous other short-term effects. NORM encountered in oil and gas exploration, PAHs are potent pollutants that occur in crude oil, development and production operations originates as well as in wood or coal. They are also produced in subsurface formations. It can be brought to the as by-products of fuel burning particularly at low surface by the oil or gas itself, or by formation water, temperatures leading to incomplete combustion which is the by-product of the formation of oil and (whether fossil fuel or biomass). As pollutants, gas in the ground. they are of concern because some compounds have been identified as causing cancer, changing NORM concentrations in crude oil and natural gas genetic structures and affecting embryos and are known to be low and therefore do not pose a foetuses [23, 24, 25]. radiological problem. Oil and gas production and processing operations sometimes cause NORM to Non-hydrocarbon environmental accumulate at elevated concentrations in by-product issues related to the oil industry waste streams [28] . An accumulation of NORM, such as in pigging wastes, can be problematic and In addition to chemical pollution by hydrocarbons, must be avoided, something that the oil industry is there are other environmental concerns linked now well aware of. As an example, radium isotopes with oil industry operations. These range have a tendency to co-precipitate from water from clearance of land for oilfield facilities, phases through temperature and pressure changes hydrological changes due to construction of in the presence of other elements such as barium. roads and pipelines, and contamination from Precipitates can then be found on the surface of chemicals other than hydrocarbons (three of equipment and in sludge and ashes. The decay which are discussed below). Table 3 summarizes product of radium is radon gas which, if inhaled the typical impacts of oil industry operations on may pose radiological problems. NORM generally the environment. occurs as radon gas in the natural gas stream.
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Workers employed in the area of cutting and gas that can cause odour nuisance even at very reaming oilfield pipes, removing solids from small concentrations. At higher concentrations tanks and pits, and refurbishing gas processing it is lethal. equipment may be exposed to NORM, hence posing health risks if inhaled or ingested. Produced water
Hydrogen sulphide Water is often produced along with hydrocarbons [30]. More often than not it is salty, the salt Since hydrocarbons are formed by anaerobic concentration often exceeding that of sea water. decomposition of organic matter, hydrocarbon Disposal of produced water, even after removal deposits (of both crude oil and natural gas) are of hydrocarbons, onto either land or water can often found in association with hydrogen sulphide cause adverse environmental impacts due to its gases[29] . Hydrogen sulphide is a foul-smelling high salinity.
4ABLE 3UMMARY OF THE ENVIRONMENTAL IMPACTS OF OIL EXPLORATION AND PRODUCTION Exploration and production activity Physical activity Impacts Seismic activity Setting up base camps Land clearance Access creation Abstraction of groundwater Hydrological changes Sewage Solid wastes Light and noise pollution Introduction of alien and invasive species Cutting lines Removal of vegetation Access Creation Seismic operation Vibration Noise Drilling operations Setting up base camps Land clearance Access creation Abstraction of water Hydrological changes Sewage Solid wastes Light and noise pollution Introduction of alien and invasive species Setting up drilling pads Land clearance Access creation Hydrological changes Drilling operations Noise Drill cuttings and drilling wastes Spills and leaks Light and noise pollution Nuisance odours Production operations Facility installation Land clearance Access creation Abstraction of water Hydrological changes Introduction of alien and invasive species Pipeline installation Land clearance Access creation Hydrological changes Spillages and leaks Fires Nuisance odours Pigging wastes Facility operation Noise Discharge of water Waste, e.g. from tank bottoms Spillages and leaks Fires Nuisance odours
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2.3 Oil industry-related of trunk lines that pass through the region. infrastructure in Ogoniland According to SPDC the oil wells are capped and currently not producing. As a consequence, flow As previously mentioned, oil industry operations lines, flow stations and some of the manifolds are in Ogoniland have been going on for more than also not operational. Map 4 shows the extent of half a century. Activities involve both upstream oil industry infrastructure in Ogoniland. (exploration, production) and downstream (processing and distribution) operations. As in oil The study area for UNEP’s environmental operations worldwide, these processes are managed assessment contained 116 oil wells which were by different entities. The two key companies with constructed between 1955 and 1992, as well as five operational facilities in Ogoniland are the Shell flow stations and 12 manifolds. Potential sources Petroleum Development Corporation (Nigeria), of contamination remain, such as disused technical which manages the upstream activities, and the installations and infrastructure that was damaged or Nigerian National Petroleum Company, which completely destroyed during the Biafran War. deals with the downstream activities. Oil wells SPDC facilities in Ogoniland Waste streams potentially generated by well Oil production in Ogoniland ran from 1958 drilling operations are drilling fluids, cuttings/ until 1993 when it was shut down in the face of tailings, formation waters and sanitary waste. a massive campaign of public protest against the Drill tailings were stored in pits which can still company’s operations in Ogoniland. SPDC has be identified in the wellhead areas. not produced oil in Ogoniland since. Typical infrastructure of a well drilling site in The company’s technical installations in Ogoniland Ogoniland as it appears today is shown in the comprise oil wells, flow lines, flow stations, image below; the tailings pit and water reservoirs manifolds (junctions of pipes) and a number are still visible. At other sites, water reservoirs were
Typical well Infrastructure (009-002 Well Korokoro 10, Tai LGA)
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-AP /IL INDUSTRY INFRASTRUCTURE IN /GONILAND ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO OBIO/AKPOR AYAMA
AKPAJO OYIGBO
EBUBU ABAM TEKA-SOGHO TAI ELEME SIME JOR-SOGHO PORT KOROKORO KPITE HARCOURT OGU
KPORGHOR DEKEN OPUOKO GIO KHANA LUEGBO-BEERI WAKAMA GOKANA BORI OKRIKA BOLO BERA OGU/BOLO ZAAKPON BERE
KAPNOR KIBANI
IMO RIVER KAA
OLOMA BONNY RIVER BONNY ANDONI
ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend Kilometres IMO Umuahia r¬ DELTA Owerri ! (! ( LGA boundaries 01020 r¬ Oil Facilities Projection: UTM 32N ABIA Datum: WGS84 `y Wells AKWA )" IBOM Manifold Sources: r¬ *# FlowStation Administrative: SPDC, River State Map. RIVERS Oil Facilities: SPDC Geomatic Dept. Port Harcourt (! Pipeline BAYELSA NNPC Crude NNPC Refined product T SPDC Oil Pipe in operation
UNEP 2011
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4ABLE &LOW STATIONS CONSTRUCTED IN /GONILAND BY COMMISSIONING YEAR Flow station Commissioning year Remarks Bomu (K-Dere) -1 1958 Legacy infrastructure Bomu (K-Dere) -2 Not available Destroyed during Biafran War Ebubu 1959 Legacy infrastructure Bodo West 1963 Decommissioned Korokoro 1965 Legacy infrastructure; 5 spills reported by SPDC Yorla 1973 Legacy infrastructure; 3 spills reported by SPDC Onne Not available Decommissioned
not present and one or more tailings pits were only According to information supplied by SPDC, visible as shallow rectangular depressions in the the flow stations in Ogoniland were constructed ground close to the wellhead. between 1958 and 1973 (Table 4).1
Flow stations Apart from oil and gas separators, the only water treatment facilities observed by the UNEP team Wellheads produce a mixture of crude oil, were simple gravimetric oil separators which were produced water and produced gas, all of which used to skim oil from the surface and discharge are transported to a flow station via so-called ‘flow wastewater into neighbouring trenches, wetlands lines’. In the flow station, oil, gas and water are or borrow pits. The gas was reportedly flared separated in order to produce crude oil which is during operation of the flow stations. then transported towards a manifold. Manifolds The gases consist largely of methane and ethane, other gases including carbon dioxide and hydrogen Manifolds collect oil streams from flow stations and sulphide, along with organosulphur compounds transmit the flow into one or more pipelines. They known as mercaptans. Whereas methane, ethane consist mainly of inflowing and outflowing bundles and similar gases have a commercial value and can of pipelines, as well as pumps, shutters, valves and be used for energy generation, carbon dioxide and generators. Given the large amounts of oil that are hydrogen sulphide can act as asphyxiants, potentially pumped through these systems, if there is a rupture, putting oilfield workers at risk. In addition, the potential for contamination is high. hydrogen sulphide and mercaptans have a certain corrosive potential which may reduce the lifespan Ten manifolds were located in the UNEP study of pipelines, pumps, etc. if not removed from the area (Table 5). Of these, six were operational system. Since produced water is often saline, it is and four had been decommissioned. No necessary to separate it from crude oil at the earliest information was available about commissioning possible stage to reduce its corrosive potential. or decommissioning dates.
1 GIS layers on SPDC-operated infrastructure and rights of way, supplied in 2009.
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Typical flow station and associated infrastructure (Ebubu Ejama, Eleme LGA)
4ABLE /PERATIONAL STATUS OF MANIFOLDS IN THE STUDY AREA 5.%0 Manifold Status Remarks Alesa Operational Not accessible (in refinery) Bomu Operational Partially operational; seven spills reported by SPDC Bodo West/Patrick Waterside Operational None Ebubu Operational One spill reported by SPDC New Ebubu I Operational One spill reported by SPDC Elelenwa/New Elelenwa Operational None Bodo West Decommissioned None Botem Decommissioned Two spills reported by SPDC Horo Decommissioned None Yorla Decommissioned None
Non-SPDC oil industry facilities distribution, petrochemicals, engineering and in Ogoniland commercial investments.
The Nigerian National Petroleum Company ThePort Harcourt Refining Company (PHRC), a (NNPC), fully owned by the Federal Government subsidiary of NNPC, is composed of two refineries: of Nigeria, has interests across Nigeria’s entire oil one commissioned in 1965 with a current capacity of 65,000 barrels per stream day2 and the second industry. In 1988, NNPC was commercialized into 12 strategic business units covering the 2 The maximum number of barrels of input that a distillation full spectrum of oil operations: exploration facility can process within a 24-hour period when running at and production, gas development, refining, full capacity under optimal conditions.
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commissioned in 1989 with a capacity of 150,000 the petroleum products used in the country were barrels per stream day. The latter has a crude imported. PPMC was created in 1988, during distillation unit (CDU), a vacuum distillation unit the reorganization of NNPC, to manage the (VDU), a fluid catalytic cracking unit (FCCU) distribution of refined products to all parts of and a liquefied petroleum gas (LPG) unit. The Nigeria and to ensure they are sold at uniform refinery has a captive power plant with an installed prices. capacity of 14 MW and four boilers each capable of generating 120 tons of steam per hour [31]. Eleme Petrochemicals Company is a polyolefin producer located in Eleme, Ogoniland. Established PHRC produces the following products: in 1988, the company was a 100 per cent subsidiary t LPG of NNPC until, in 2006 as part of a privatization t Premium motor spirit drive, the Indorama Group of Indonesia was Kerosene (aviation and domestic) declared core investor by the Nigerian Government- t sponsored National Council on Privatization [32]. t Automotive gas oil (diesel) t Low pour point fuel oil The Eleme complex is designed to produce t High pour point fuel oil 240,000 metric tons per year of polyethylene and t Unleaded gasoline 95,000 metric tons per year of polypropylene. To produce these resins, natural gas liquids Pipelines and Products Marketing Company are cracked in an olefin plant. In addition, the (PPMC), is also a subsidiary of NNPC. Until complex has the capacity to produce 22,000 Nigeria established its own refinery in 1965, all metric tons of Butene-1 (a colourless, flammable,
Manifold at the intersection of pipelines (Ebubu Ejama, Eleme LGA)
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Oil-related infrastructure in Ogoniland liquefied gas) per annum, used as a comonomer in For the purposes of this report, the key agencies of the production of linear low-density polyethylene. interest are the Port Harcourt Refining Company, Currently occupying 400 ha of land, Indorama is which operates the refinery in Ogoniland, and the planning to expand the complex to make it the Pipeline and Products Marketing Company, which petrochemical hub of Africa. has product pipelines running through Ogoniland.
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Oil industry infrastructure was progressively installed in Ogoniland between the 1950s and 1990s, when oil production in the kingdom was shut down in 1993
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A multidisciplinary team of international and Nigerian experts conducted fieldwork for the UNEP assessment over a 14-month period © Mazen Saggar
UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
6. Provide recommendations for sustainable Objectives, Scope environmental management of Ogoniland and Methodologies 7. Enhance local capacity for better environmental management and promote awareness of sound 3.1 Objectives environmental management and sustainable development Based on the initial request from the Government 8. Be part of the peace dividend and promote of Nigeria and the background work undertaken ongoing peace building efforts. by UNEP, the following objectives were formulated for the assessment: The full project document approved by the PIC 1. Undertake a comprehensive assessment of all is available online. environmental issues associated with the oilfield related activities in Ogoniland, including the 3.2 Scope of the investigation quantification of impacts 2. Provide useful guidance data to undertake Geographical scope remediation of contaminated soil and The geographical scope of the investigation groundwater in Ogoniland concerned the areas in and around Ogoniland, 3. Provide specific recommendations regarding with a specific focus on the four Ogoniland the scope, modalities and means of remediation local government areas (Eleme, Gokana, Khana of soil and groundwater contamination and Tai). However, the precise location of the boundaries between these LGAs and neighbouring 4. Technical evaluation of alternative technologies LGAs was not always evident on the ground. Nor which could be employed to undertake such did official information necessarily correspond to remediation local community understanding. Consequently, 5. Provide recommendations for responding to some of the assessment and sampling work future environmental contamination from straddled the officially mapped boundaries of the oilfield operations four LGAs.
UNEP technical assistant obtaining fish at a local market
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Bodo West is an area within the extensive network by measuring drinking water quality around spill of deltaic creeks. Though uninhabited it includes sites and by a review of public health data obtained a number of oil wells. The wells themselves are from medical centres in Ogoniland. To gain a better submerged, while the associated production understanding of the data, a preliminary social station (now decommissioned) is on land. Bodo survey of local communities was undertaken. West is officially mapped as belonging to Ogu/ Bolo LGA but since there are no local settlements, In reviewing the institutional and legal structures it has been regarded by both SPDC and the Ogoni related to the environment and the petroleum people as part of the Ogoniland oil facilities. industry in the Niger Delta, UNEP looked at Bodo West was therefore included in the scope the governmental institutions directly involved: of UNEP’s work. the Federal Ministry of Environment, NOSDRA and the DPR – an agency under the Ministry of UNEP’s investigations of surface water, sediments Petroleum Resources which has a statutory role and aquatic biota focused on two major water in environmental management. systems, namely the Imo River in the east of Ogoniland and the numerous creeks that extend SPDC has internal procedures dealing with a range towards Ogoniland from the Bonny River. of issues that have environmental consequences. UNEP’s review of SPDC practices and In order to demonstrate that the environmental performance included company documentation problems affecting Ogoniland are being felt in on responses to oil spills, clean-up of contaminated neighbouring areas, limited investigations were sites and abandonment of sites. In addition, the also carried out in the adjoining Andoni LGA. assessment also examined whether clean-up of oil spills and contaminated sites in Ogoniland was Technical scope of the assessment implemented in accordance with SPDC’s internal procedures. The assessment also checked whether The investigation into soil and groundwater environmental clean-up operations accorded with contamination focused on the areas impacted by Nigerian national standards. oilfield operations in Ogoniland. These included the locations of all oil spills reported by SPDC Lastly, the assessment considered the impact of or the local community, all oilfield infrastructure illegal operations. In addition to the licensed (whether still in operation or abandoned) and operators undertaking legitimate oil production, all the land area contaminated by floating oil in transport and refining activities in Ogoniland, creeks. In a number of these locations SPDC a number of groups and individuals carry out had reportedly initiated or completed clean-up unlicensed, and therefore illegal, oil-related operations. activities which also have serious environmental consequences. Investigations into aquatic pollution were carried out along the Imo River and the creeks, focusing on surface water quality, sediment contamination 3.3 Structure of the study team and contamination of fish. Since not all the fish consumed by Ogoni communities come from local A major scientific study of this complexity, with water bodies, fish sold at local markets were also extensive geographical and thematic scope, can examined to establish whether contaminated food only be executed using a large team equipped is reaching Ogoniland from external sources. with diverse skills and expertise. The task required scientific teams to work side by side with support Surveys of vegetation contaminants were also teams composed of community, logistics and made of vegetation around spill sites and mangroves security personnel. This demanded a high level impacted by oil pollution. of coordination and oversight. At the peak of its work, the Ogoniland assessment team numbered The impact of pollutants on public health over 100 people, with daily convoys into the field was assessed in three ways: by taking air quality requiring up to 15 vehicles. The study team was measurements in communities around spill sites, organized as follows.
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Project management The study team was managed by an international UNEP project coordinator in Port Harcourt. The project was overseen by UNEP’s Post-Conflict and Disaster Management Branch, based in Geneva, in conjunction with the UNEP headquarters in Nairobi.
Technical teams Fieldwork was conducted simultaneously by technical teams covering four thematic areas: contaminated land, water, vegetation and public health. Each team was composed of international experts supported by national experts, employed by UNEP as project staff, and by senior academics and technicians primarily from Rivers State University of Science and Technology (RSUST).
As the assessment of contaminated land was the most critical part of the assessment, the Contaminated Land Team contained the largest number of international experts, primarily contaminated site assessment professionals with Early morning field trip by members of the extensive experience. aquatic team, Khana LGA, August 2010 © GODWIN OMOIGUI, THIS DAY Professor Roselyn Konya, Bishop Matthew Kukah, Chairman of the Presidential Implementation Committee, and HM King Gininwa attending a project briefing at State House, Abuja, August 2010
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The Aquatic Team dealt with issues of surface RSUST to establish the level of local environmental water, sediments and aquatic biota, and was led knowledge and to understand local concerns and by experts from the World Maritime University perceptions of issues related to the oil sector. In in Sweden. addition, a team of Nigerian nationals, led by an international laboratory expert, ensured that all TheVegetation Team was led by an international samples of water, soil, sediments and fish tissue expert from Bern University in Switzerland and collected by the thematic teams reached the correct the team’s studies covered agriculture, forestry and laboratories for analysis within the shortest possible mangroves, all important aspects of the interface time, together with appropriate documentation between environment and livelihoods. and in compliance with relevant international protocols. ThePublic Health Team looked primarily at air quality as well as public health impacts associated Support teams with environmental conditions in Ogoniland. The team was led by an international expert from A series of support teams provided specific services to Boston University, USA and supported by an the thematic teams, helping to ensure timely completion expert team of Nigerian nationals. of project assignments. These teams covered:
Cross-cutting teams t Well-drilling. Assessment of contaminated water, soil and sediment, as well as understanding Working in parallel with the thematic teams were a the shallow geology of the Niger Delta, required number of smaller teams whose role was to provide a large number of groundwater monitoring data on cross-cutting issues. These involved remote wells to be drilled throughout the study area. sensing (analysis of satellite imagery and provision Following an international bidding exercise, of aerial photography); legal and institutional this work was assigned to Fugro International reviews; and community surveys undertaken by (Nigeria).
Members of the UNEP project team with Rivers State University of Science and Technology academic staff and students
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UNEP team preparing to depart into the field t Topographical surveys. In order to obtain out in an area with serious challenges to public information about groundwater flow directions health, road safety and personal security, and quantitative information on subsurface with personnel arriving and departing via the contamination, an accurate topographic international airport in nearby Port Harcourt. survey of selected locations throughout the A project office comprising over 30 national study area was necessary. This work was staff was established to assist the dozens of undertaken by Universal Survey Services experts, national and international, who (Nigeria). were constantly moving around the study area, visiting multiple sites each day. A team t Data management. The survey generated large of safety and logistics experts was on hand quantities of scientific data in various formats, throughout the fieldwork period. At the peak varying from completed site checklists in paper of the project, up to 15 vehicles were in use for format to video records of aerial surveys. A fieldwork, airport pick-ups and office runs. team of national and international data experts ensured that all data collected in the field were t Security. UN Department of Safety and backed up as quickly as possible on a local Security (UNDSS) guidelines were followed server at Port Harcourt, with a secondary back- throughout the project and operational safety up in Geneva. The Data Management Team was provided by the Nigerian Government. also verified the completeness of information Through the cooperation of the Governor provided on field data sheets and cross checked of Rivers State, a contingent of 16 Nigerian the accuracy of the sample identification codes Mobile Police (MOPOL) officers provided with corresponding GPS data. security cover during all field deployments, as well as travel to and from the project t Health, safety and logistics. The work office, accommodation and the international undertaken by the study teams was carried airport.
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t Land access. Facilitating access to specific sites where UNEP specialists needed to collect data was a major exercise and one that needed to be handled delicately as ownership was not always clear, with attendant potential for local conflict. Multiple negotiations were often required, involving traditional rulers, local youth organizations and individual landowners or occupiers. A Land Access Team, provided by RSUST, working in conjunction with UNEP’s Communications Team, managed these challenging issues, explaining precisely what the UNEP team would be undertaking, where and at what times. t Community liaison and communication. The environmental assessment of Ogoniland was constantly in the public eye, such that there was continual demand for information. A dedicated Communications Team consisted of UNEP communications staff and community liaison staff who were familiar with the local languages. The team was responsible for A project team safety and logistics expert and explaining the purpose of the project and the MOPOL superintendent discussing field trip plans specific activities to be carried out and for
UNEP distributed project information as part of its ongoing outreach to local communities
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ensuring that entry of the scientific teams into with local institutions. In addition to helping any community had the necessary approval to secure the success of the project, this would from all sections of the local population (LGAs, enhance local capacity building and resource- traditional rulers, youth, police, etc.). The team sharing opportunities. The participation of provided regular project updates, for example local institutions was achieved in several ways. online at the project’s dedicated website and via Firstly, 30 national staff were engaged in various a monthly newsletter, and also sought ongoing capacities (technical, logistics, security, liaison, community input. administrative) as part of the UNEP project team in Port Harcourt. Secondly, UNEP formed t Administration. The Administrative Team partnerships with the four LGA secretariats, included staff from UNEP and the United Nations Development Programme (UNDP) and was based in three geographical locations: a project office in Port Harcourt, with support teams in Abuja and Geneva, which between them covered critical functions such as finance, travel, human resources and procurement. t Presidential Implementation Committee (PIC). The PIC met periodically, typically once every quarter, and was briefed by the project coordinator on progress, challenges and impediments, and future work programmes.
Use of local resources The UNEP-Rivers State University of Science and It was decided during the project planning Technology Project Collaboration Coordinator, phase that the team of international experts Mrs Iyenemi Ibimina Kakulu, and the university’s leading the assessment would work closely Vice Chancellor, Professor Barineme Beke Fakae
UNEP experts during a reconnaissance exercise at Ebubu Ejama, Tai LGA, in January 2010
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through their respective chairmen, which enabled appropriate accreditation, in order to ensure quality access to local community leaders and gave UNEP and independence. Two separate laboratories a presence in each LGA, where its community were contracted: Al Control Geochem, United liaison staff were allocated office space. Thirdly, Kingdom, an ISO/IEC 17025:2005-accredited each of the international thematic teams was laboratory; and ALS Scandinavia AG, Sweden, a paired with local experts and academics provided specialist in fish tissue analysis. NORM analyses by RSUST, giving the teams ready access to local were done at the Spiez Laboratory in Switzerland, knowledge and sites, while RSUST students were which is also accredited to ISO 17025. brought in as technical assistants both in the field and in the project office. In addition, support 3.4 Assessment methodologies teams were recruited locally wherever possible to undertake specific assessments. The wide scope of the environmental assessment of Ogoniland, both geographically and thematically, Laboratories is evident from Chapter 2 and sections 3.1 to 3.3 above. To overcome the challenges this presented Another decision taken early in the planning stage and to achieve satisfactory outcomes for all was that all analyses of samples collected during the parties involved, it was clear from the outset that study would be carried out, wherever technically a combination of standard approaches as well as feasible, by international laboratories with innovative methodologies would be needed.
A training session at Port Harcourt, October 2009, was part of UNEP’s commitment to capacity building
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More than 4,000 people attended a town hall meeting at Bori, Khana LGA, in November 2009, at which the UNEP assessment project was launched. Pictured (from left to right) at the event are Senior Special Adviser to the President, Magnus Kpakol; MOSOP President, Ledum Mitee; HM King Gininwa; and HM King Barnabas B. Paago Bagia, Gbenemene Gokana
The different disciplines conducted investigations aquatic life, vegetation, and public health), within their individual specialisms, backed by backed by cross-cutting issues teams and well-resourced support teams. While everything support teams, were deployed for the months possible was done to enable interdisciplinary of intensive field and office work. learning in terms of both approach and substance, the various strands had to work in parallel to 3. Analysis and writing of the report. The complete the assessment within a reasonable time teams were brought together to assess progress frame. Completion of the project was achieved in and review the initial analytical results. Based three phases: on this review, a final round of data gathering and analyses was carried out, after which the 1. Scouting/reconnaissance exercises. A team thematic experts prepared the individual of experts conducted a series of scouting contributions that form the basis for this missions to the region, with two aims: (i) synthesis report. to become familiar with the area and (ii) to obtain community acceptance for the Phases 1 and 2 are described below in more detail. assessment. This was followed by structured Phase 3 results are presented in chapters 4 and 5. reconnaissance of the areas where information about an oilfield facility or an oil spill incident UNEP opened its project office in Port Harcourt already existed. The information documented in October 2009. In November 2009, senior from questionnaires and photographs allowed UNEP staff met with key stakeholders in town prioritization of a number of sites for follow- hall meetings in the four local government areas up assessment. (Eleme, Gokana, Khana and Tai). The final sampling visit was completed in January 2011. 2. Intensive fieldwork. Individual thematic The period of most intensive fieldwork ran from teams (covering soil and groundwater, water/ April 2010 to December 2010.
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Community engagement 4ABLE 0UBLIC MEETINGS HELD TO ENGAGE COMMUNITIES IN /GONILAND In terms of stakeholder interest, the environmental assessment of Ogoniland was unlike any other LGA Number of Number of people meetings held present environmental assessment previously undertaken Eleme 52 3,323 by UNEP. In particular, it warranted community involvement and updates at all stages. This almost Gokana 87 5,552 continuous engagement gave UNEP access to vital Khana 55 9,107 local knowledge concerning areas contaminated Tai 70 5,289 by oil, as well as consent for access to land and waterways for study purposes.
Public meetings staged throughout Ogoniland during each phase of the study helped to build understanding and acceptance of the project and to foster community participation. Between November 2009 and January 2011, more than 23,000 people participated in 264 formal community meetings (Table 6). Initially town hall meetings were held in each LGA with over 15,000 people participating. These meetings were then followed up with a series of sensitization sessions, or secondary meetings, in villages and community centres.
To provide an additional forum for open discussion of issues surrounding the study, UNEP formed a Community Consultation Committee composed of representatives from a wide cross section of project stakeholders. The committee met on UNEP project team members meeting with average once every two months. community women leaders, November 2009
UNEP community liaison assistant addressing a public meeting, Gokana LGA, April 2010
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Eight schools in Ogoniland took part in the Scoping exercises were done in two stages: an pilot phase of a schools programme called ‘Green aerial survey of the study area (Map 5), including Frontiers’, initiated by UNEP to raise environmental SPDC facilities, followed by ground visits to awareness among Ogoni children and youth and look at oilfield infrastructure, contaminated sites to inspire practical action for conserving their and pollution-affected creeks. Where available, environment. anecdotal information about environmental damage in Ogoniland informed this work. Great care had to be exercised in areas where internal frictions surrounding the UNEP assessment were Once the scouting survey was completed, a desktop apt to arise. In many cases this meant that even review was conducted of all available information though permission was granted initially, the on oilfield infrastructure in Ogoniland and project team had to withdraw as tempers became known associated environmental contamination. frayed. UNEP’s community liaison staff were key Information on oil spills came from the SPDC intermediaries between the project team, local oil spill database, air and ground observations leaders and interest groups, helping to broker by the UNEP team, information provided by agreement. While team members were never at local communities and information gathered serious risk of physical attack, UNEP had to remain from satellite images. All accessible oil wells vigilant that a project aimed at peace-building and pipelines were visited, even if there were no should not engender division or violence. reported spills at these locations. With all the initial information assimilated, a 3.5 Phase 1: Scouting exercises, three-step reconnaissance phase began: desktop reviews and reconnaissance 1. Town hall meetings with community leaders (kings, chiefs, representatives of community The initial part of the project involved visits to the elders, women and youth leaders) at which study area by experts with a view to understanding UNEP community liaison staff gave background the key issues, geographical scope and practical information about the study, the tasks to be constraints – fundamental to designing the performed and the approach to be taken by appropriate methodology for the assessment. the UNEP assessment teams
A UNEP technical team examines infrastructure during the reconnaissance phase
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-AP 4YPICAL HELICOPTER ROUTING FOR AERIAL OBSERVATION °
OBIO/AKPOR
EGBERU ! OYIGBO
KOROMA TAI ! OGAN-AMA ! YAA ! BRALI OKRIKA-ISLAND ELEME ! PORT ! GBAM HARCOURT !
AMAKIRIBOKO GOKANA OKRIKA ! BORI OGU/BOLO !
LEWE ! BOMU !
KIBANI !
OWOKIRI ! BONNY
BONNY RIVER
ANDONI RIVER
EBERI/ OMUMA Legend IKWERRE ETCHE LGA boundaries Helicopter flight - November 2010
OBIO/AKPOR Oil Facilities OYIGBO `y Wells Kilometres ELEME )" Manifold TAI *# FlowStation 0510 OKRIKA KHANA OGU/BOLO GOKANA Pipeline Projection: UTM 32N Datum: WGS84 NNPC Crude DEGEMA NNPC Refined product BONNY T SPDC Oil Pipe in operation Sources: ANDONI Administrative: SPDC, River State. Oil Facilities: SPDC Geomatic Dept. UNEP 2011
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2. Verification of landowners by land access During the course of the second visit, locations for staff who negotiated access to property and groundwater monitoring wells were delineated and scheduled site visits the landowners involved were consulted about the planned works. 3. Location of reported spill points identified by an advance party comprised of national Inevitably, additional information gathered from on- UNEP technical staff site observations and field testing made it necessary to modify the work programmes at different sites, With the preparatory work done, UNEP technical making site access and site characterization an teams started to visit sites, equipped with standard iterative process. To achieve this, the teams on questionnaires, GPS and GPS cameras. The basic site were required to have expertise in analytical information collected about each site included chemistry, geology, geochemistry, hydrogeology GPS coordinates, photographs, proximity to and risk analysis. oilfield facilities, proximity to communities, any other significant environmental features, and Assessment of soil contamination matters of importance from a logistics and security point of view. In all, 202 locations were visited and The objective of site-specific sampling was to 122 km of pipeline rights of way were surveyed. identify: (i) whether a site was contaminated and (ii) if so, whether the contamination had migrated 3.6 Phase 2: Intensive fieldwork laterally and vertically. In many instances the pollution was found to have spilled over into nearby Once the data from the reconnaissance phase creeks and, in the case of older spills, vegetation had been consolidated, a prioritized list of sites had started growing again. Thus it was not always for follow-up assessment was drawn up, based on easy to identify the geographical extent of a spill. the observed contamination, potential receptors Given the security conditions, access restrictions and size of the impacted area. A total of 69 and the large number of sites to be investigated, the contaminated land sites were shortlisted for further UNEP team could only stay at a specific site for a investigation (Map 6 and see also section 4.4). Of limited duration, often just one day. Consequently, these 67 sites were situated close to oil industry an adaptive sampling strategy was the norm for facilities. Subsequent site visits to these locations the sites assessed, the priority being to identify the were carried out after further negotiations with, and epicentres of pollution and the depth of penetration. permissions from, the appropriate communities. A combination of deep sampling and surface
&IGURE ! CONCEPTUAL DESCRIPTION OF TYPICAL POSITIONING OF SOIL SAMPLE BOREHOLES sampling points
soil contamination spill
transects
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-AP #ONTAMINATED LAND SITES INVESTIGATED BY 5.%0 ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO !
OBIO/AKPOR AYAMA "h"h !
AKPAJO "h"h ! "h "h "h "h OYIGBO
"h EBUBU ABAM "h ! ! "h "h"h"h"h "h "h "h "h TEKA-SOGHO "h"h ! "h TAI "h SIME JOR-SOGHO ! ELEME ! PORT "h "h"h KOROKORO"h"h"h"h"h "h "h !KPITE HARCOURT OGU "h ! ! "h "h"h "h DEKEN KPORGHOR ! ! "h OPUOKO GIO "h ! ! "h LUEGBO-BEERI "h ! WAKAMA "h ! "h GOKANA BORI KHANA OKRIKA BOLO ! ! BERA OGU/BOLO "h"h"h ! "h"h"h "h"h "h"h ZAAKPON "h"h ! BERE "h "h ! KAPNOR KIBANI ! "h ! "h "h "h "h "h "h "h "h IMO RIVER KAA BONNY ! OLOMA ! BONNY RIVER
ANDONI ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend IMO Umuahia r¬ DELTA Owerri ! (! ( LGA boundaries r¬ h" UNEP- investigated NNPC Crude contaminated land sites ABIA AKWA NNPC Refined product IBOM r¬ SPDC Oil Pipe in operation RIVERS Port Harcourt (! BAYELSA Kilometres
0510 Sources: Administrative: SPDC, River State. Projection: UTM 32N Oil Facilities: SPDC Geomatic Dept. Datum: WGS84 UNEP 2011
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&IGURE 'RID OF SOIL SAMPLES FOR Assessment of groundwater A COMPOSITE SAMPLE contamination On larger and more heavily contaminated sites, groundwater monitoring wells were installed by Fugro. This process was based on an adaptive sampling strategy. The primary intent was to verify if there was indeed groundwater contamination and if yes identify the farthest reach of the pollutant plume (Figure 5). The wells drilled by a contractor using hand-augering systems followed standard monitoring well construction practices. Wellheads were secured with lockable covers.
Subsequent to the initial phase of the assessment, 25 per cent of the wells were found to have been vandalized, making samples from such wells unreliable for inclusion in the final report. A decision was therefore taken during the later phase
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of the analyses to take water samples from boreholes To widen the monitoring of groundwater, a on the same day that the boreholes were drilled. number of existing community wells (both No wells were installed in these locations. dug wells and boreholes) were included in the sampling. To ensure proper quality control, each groundwater well was given a unique identifier, marked inside the well cover. During sampling, the well identifiers were noted in the sampling protocol. An interface meter was used to measure the depth to groundwater in the wells and to verify the presence and thickness of any floating hydrocarbon product in the groundwater. Groundwater sampling was carried out with bailers. Conductivity, pH, temperature and oxygen were all documented, along with the depth to the groundwater table. When a floating free product was observed, the groundwater underneath the floating layer was not collected.
The equipment used to measure water levels was properly decontaminated between samples to avoid cross-contamination. For the same reason, disposable bailers were used for each well. Where used, the foot valve pump and hose were left securely inside the well for return visits.
All water samples were analysed for a series of hydrocarbon and non-hydrocarbon pollutants. As with the soil and sediment samples collected, Fugro staff installing a groundwater monitoring each sample was assigned a unique identification well, April 2010 number and the exact location was registered.
&IGURE #ONTAMINANT PLUME AND GROUNDWATER MONITORING WELL CONlGURATION
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Assessment of naturally occurring be noticed even at very low concentrations. radioactive materials Hydrocarbon layers were photographed using a GPS camera, which automatically fixed the An assessment of naturally occurring radioactive coordinates. materials (NORM) in the study area was carried out by an expert accredited under ISO/IEC In terms of field monitoring, a portable multi- 17025:2005 between late November and mid parameter analyser was used to collect information December 2010. Wellheads, pumping stations on pH, temperature and conductivity, and the and fresh and old spill sites were sampled. coordinates of sampling locations were logged. Dose-rate measurements, including surface contamination measurements, were performed at Surface water sampling each location. In addition, freshly spilled crude oil In order to determine contamination of surface at one site, old crude oil from a closed pumping water samples were taken from estuaries, rivers, station at another site and crude oil-contaminated streams and ponds (Map 7). Samples were collected soil from an old spill site were also collected as near to the middle of the water body as could be [33]. For analytical purposes, a zero-reference reached using wading gear and a 2-metre extendable soil sample (an old termite mound) was taken metal grab. Samples were collected against the flow from a clearly uncontaminated location in the of the water, where any flow was discernible. The assessment area. sampling bottles were submerged to a depth of 10-20 cm under the surface and rinsed once with Assessment of surface water and the water at that depth before the water sample was sediment contamination taken. If a boat was used, samples were collected at 50 cm depth by a Limnos water collector. The study area was bounded on two sides by open water bodies, the Imo River on one side and a network of creeks on the other. The creeks wrapped around the study area but also extended via small side arms into inland areas. Neither the river nor the creeks were confined to the study area; the Imo originating beyond Ogoniland and flowing past it before reaching the sea and the creeks extending through and interconnecting with numerous other branches in other areas of Ogoniland.
Surface water contamination was assessed by: (i) aerial observations over the creeks, (ii) observation of water bodies from boats, (iii) observation of water bodies from land, (iv) water quality monitoring and (v) monitoring of sediments. The first three approaches were primarily based on visual observations and documented by photography. Water quality monitoring was conducted using a combination of field kits and laboratory analysis of samples taken. The monitoring of sediments was done entirely by laboratory analysis of samples.
In terms of visual observation, the focus was on identifying the presence of hydrocarbons on the surface of water bodies and, where possible, identifying the possible source of the contamination. Hydrocarbons can form very thin layers in water UNEP technical assistant collecting surface bodies and are therefore distinct enough to water sample
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-AP ,OCATION OF SURFACE WATER SEDIMENT AND lSH SAMPLING °
OBIO OBIGBO ! AKPOR AYAMA "h ! "h
AKPAJO "h"h OYIGBO ! "h "h )"!("h(! )"!( "h
"h EBUBU ABAM "h !"h ! "h"h"h !((!"h "h "h"h "h)")" "h TEKA-SOGHO "h ! (! "h TAI "h !( JOR-SOGHO SIME ! ELEME ! !( )"!( "h )""h!("h"h"h ¡[¡¡¡¡¡¡¡[[[[[[[ KOROKORO)"!("h"h "h "h)"(! "h "h KPITE!( OGU "h !( !)" ! "h "h"h "h DEKEN KPORGHOR ! !!( !()" !("h OPUOKO !( )"!(GIO )""h ! )" ! "h )!(!( OKRIKA ¡[ LUEGBO-BEERI )")" )"!("h ! WAKAMA "h ! "h GOKANA )"!!(( BORI KHANA BOLO ! ! ! )"!( BERA )"!( OGU/BOLO "h"h"h !¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡¡[[[[[[[[[[[[[[[[ )!( "h"h "h!( ")"(! "h )""h ! "h"h"h ZAAKPON )"!( ¡[)"!( )"!( "h ! )"!( BERE "h ! )"!( "h )"!!(( )"!( KAPNOR )))"""!( KIBANI ! "h ! "h )))"""!("h )))""" !("h IMO RIVER )"!( )"!(! "h )" ( "h "h "h ¡[)"!(!!(( !("h))""!!! ((( !( BONNY )")""" )"((!!!( KAA )"!( ¡[)")" ! )" ¡[)))"""!( (! ¡[))))""""!( !()" (! OLOMA !( )"(! ¡[ ! !( )"!( ¡¡¡¡¡¡¡¡¡¡[[[[[[[[[[ BONNY RIVER ¡[)"( ¡¡¡¡¡[[[[[ ¡[ ANDONI
ANDONI RIVER A OPOBO/ NKORO
Legend Aquatic team investigations IMO Umuahia r¬ DELTA Owerri (! (! LGA boundaries (! Water samples r¬ NNPC Crude ") Sediment samples ABIA NNPC Refined product ¡[ Fish samples AKWA IBOM "h UNEP-investigated contaminated land sites r¬ SPDC Oil Pipe in operation RIVERS Port Harcourt (! BAYELSA Kilometres
0510 Sources: Administrative: SPDC, River State. Projection: UTM 32N Oil Facilities: SPDC Geomatic Dept. Datum: WGS84 UNEP 2011
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Sediment sampling Assessment of fish contamination Areas of calm water where sedimentation occurs In order to determine the concentrations of may accumulate pollutants which are later pollutants in the tissues of fish and shellfish, released through re-suspension due to tidal samples were collected for analysis of petroleum mixing or flooding after heavy rains or as a hydrocarbons, including PAHs. result of biological processes. Suitable areas for the collection of accumulated pollutants in the Fish and shellfish were collected from 28 sites bottom sediment are therefore sites which consist (Map 7), usually where sampling of water and of fine organogenic mud, sand and silt. sediment were carried out. In most cases, fish were purchased directly from local fishermen Sediment samples were collected at 37 locations either in the process of fishing or transporting fish (Map 7). At each location, five sub-samples were they had just caught. A number of fish samples collected in a plastic bucket and mixed before from unknown origins were also purchased from being transferred to a glass sampling jar. In most local markets; although these samples could not cases a piston sampler with a diameter of 6 cm be used to determine pollution at specific sites, was used for sampling. Only the top 10 cm of their value lay in demonstrating health risks to the sediment core were used for the samples and the community where fish were found to be care was taken to avoid flushing away the surface contaminated. floc on top of the more solid sediment. In some locations deeper cores were taken to examine For analytical purposes, tissue samples from whether pollution had penetrated further down. four to six different fish were pooled to form a The samples were stored frozen until the analyses composite sample. Fish tissues were obtained by were performed. cutting the dorsal muscle from the fish with a
Sediment samples were collected at 37 locations
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Assessment of impact of oil contaminants on vegetation
Two types of impact can be distinguished: (i) impacts related to physical disturbance, such as the cutting of seismic lines and seismographic survey, development of access infrastructure (roads, dredging of channels in wetlands) and drilling; and (ii) impacts related to oil spills and fires and disposal of other hazardous materials.
From a livelihood point of view, no relevant statistical data were available about the average productivity of agricultural crops and forest trees in Ogoniland and changes over time.
Aerial and field observations were conducted as part of the scouting surveys. Photographic records
© J. PALSSON were gathered along with reference coordinates so A snapper (genus Lutjanus) is dissected for analysis. as to cross-reference them with observations from Fish and shellfish were collected from 28 sites other study segments.
scalpel and transferring it to a glass jar. In most cases about 50 g of tissue was collected for each sample. All the samples were frozen and shipped to the laboratory following standard quality- control procedures.
Each sample was analysed for metals, extractable hydrocarbons, PAHs and pesticides, following internationally recognized analytical methods. The samples were homogenized prior to analysis. Preparation of samples (homogenization, extraction and clean-up) was carried out in a laboratory room used exclusively for biotic samples. Specially pre-cleaned glassware was used for organic analyses, and specially pre-cleaned Teflon beakers were used for analysis of metal samples. All preparation and analysis were carried out in a clean room environment.
PAHs and chlorinated pesticides were analysed by a process of chemical extraction, evaporation and measurement through gas chromatograph equiped with a mass spectroscopy (GC-MS). Petroleum hydrocarbons were also solvent extracted and analysed using a similar process, through a gas chromatograph-flame ionization detector (GC-FID). Samples were analysed for metals using high-resolution inductively coupled plasma mass spectroscopy (ICP-MS). Swampland vegetation (Bara, Gokana LGA)
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Assessment of damage to mangroves data from field sampling and a comparison made between the highly exposed communities and The scouting missions revealed extensive damage reference communities to identify any health to the mangroves in the Ogoni study area and effects that might be related to oil spills. it was clear that the geographical extent was so wide that a combination of approaches would Preparatory work be needed to assess the overall condition of mangroves. This involved: Before gathering medical records or field samples, the Public Health Team participated in focus group t aerial observations (from a helicopter) of the discussions and sensitization meetings and listened extent of mangrove damage, documented by to community concerns about the effects of oil. This aerial photography to show the progression information helped guide the selection of sampling of damage from the edge of the water to locations and types of sample to be collected. landward areas In addition, and prior to the collection of medical t analyses of high-resolution satellite images to records, J.W. Igbara, working in cooperation with delineate impacted areas and to estimate the RSUST, undertook a review of public health total mangrove area impacted by oil issues associated with oil production in Ogoniland t observations made from both land and water [34]. This study, which included visits to health to understand the specific nature of the institutions and interviews with health-care impacts, documented by photography workers, took into account community complaints about fish kills, impacts on agricultural land, t sampling of soil on the substrata of mangrove odours, drinking water tasting of kerosene, and a vegetation, with a view to correlating it with wide range of health effects from mild coughing the stresses on the vegetation and eye irritation to death. Many people expressed the view that environmental contamination from t sampling of hydrocarbons attached to the the oil industry had caused increased morbidity mangrove vegetation and mortality. Oral interviews with health-care workers and other key informants provided insights Assessment of impacts on air into health-care provision and the prevalence of pollution and public health disease and oil pollution issues in the study area. Some medical personnel believed that industrial The Public Health Team designed an exposure and activities were the cause of increased frequency health questionnaire to ascertain how exposure to of respiratory disorders (e.g. broncho- and lobar oil occurs and whether it is associated with adverse pneumonia, upper respiratory tract infections, health effects. Students and faculty members asthma), skin conditions and gastroenteritis. Some from RSUST administered the questionnaire also suggested that environmental contamination systematically in 10 highly exposed communities might be adversely affecting immune systems, thus across the four LGAs. Reference communities increasing susceptibility to infectious disease. (i.e. one with no documented oil spills or other significant known sources of petroleum Interviews and questionnaire hydrocarbons) were also selected (Okwale in Khana, Koroma in Tai and Intels camp in The Public Health Team supplemented Igbara’s Eleme). work through interviews with pharmacists, a traditional birth attendant and health-care Medical records from four primary health-care professionals at facilities serving areas in each of centres (one in each LGA) serving the same highly the four LGAs where larger oil spills had occurred exposed communities and from one primary (Table 7). Interviewees were asked about the type health-care centre serving the reference community and number of staff, dates of operation, medical in each LGA were also collected and analysed. record-keeping protocols, the number of patients seen daily, the number of beds, type of treatment Information from the questionnaire survey and provided and catchment area. There appeared review of medical records was combined with to be five categories of primary health care:
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Women leaders at Kpean community, Khana LGA, raising their health concerns during a sensitization meeting
government clinics, private clinics, pharmacists, some of the communities in which air sampling traditional healers and the church. These are not and medical record collection were implemented. mutually exclusive and the available options and The questions asked – based on meetings with choices made are changing with time. Choices are community members, community leaders and based, among other factors, on cost, accessibility, health-care providers – covered the respondent’s availability of services when needed (e.g. night/day), demographic characteristics; pathways of exposure effectiveness and tradition/cultural preferences. to petroleum from oil spills and other sources of Prenatal (called antenatal care in Ogoniland) care petroleum hydrocarbons (e.g. cooking practices, seems to be provided increasingly by government- smoking, local food consumption, drinking funded health clinics. At least some government water source); and health information (e.g. clinics provide free prenatal care and care for young health history and current symptoms, source and children. However, it was not clear what fraction level of satisfaction with health-care services). of the population chooses to give birth at health Respondents were not asked directly about oil centres rather than at home and/or with traditional contamination. birth attendants. The questionnaire was reviewed by two individuals Responses from community members and medical with detailed knowledge of the community being professionals helped guide selection of both the studied, and pilot-tested by several Ogoniland communities in which an exposure and health residents working in UNEP’s project office. survey was conducted by questionnaire, and the RSUST students, who had been given advance health-care facilities where medical records were training to ensure accuracy and consistency, collected. conducted the questionnaire survey orally, with the assistance of an interpreter where needed. Heads The questionnaire was used in those communities of household were interviewed systematically until expected to have incurred some of the highest approximately 20-25 per cent of the dwellings in exposure to petroleum from oil spills, and included each community had been covered.
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4ABLE 3UMMARY OF SAMPLES COLLECTED BY THE 0UBLIC (EALTH 4EAM
LGA Community Village VOCs PM & PM Rainwater Drinking Medical Health 2.5 10 water records questionnaires Agbi-Ogale x x Agbonchia Okpee x x x Akpajo Nsisioken x x x Aleto x x Alode Nkeleoken x x Eleme Ebubu Ejamah x x x x x Ebubu Obolo x x Ebubu Oyaa-Ejamah x Ebubu Egbalor x Obajioken-Ogale x x Ekporo x Biara/Botem x x Gio x x Korokoro Aabue x x x x x Koroma x x Tai Kpite LGA Headquarters x x x Kpite Muu Boogbara x x x Sime Omunwannwan x Sime Aabue Norkpo 1 x x K. Dere x x x B. Dere x Bera x Bodo Debon x x x Gokana Bodo Sugi-Sivibirigbara x x Bodo Kegburuzo Junction x Bodo-West x x Kpor Orboo-Ooodukor x x Kpor Kpalaade x x Kwawa Wiikuekakoo x x x Kaa x Kpean WIIYAKARAGU x x x Khana Kpean Wiiborsi x x x x Uewaagu x x Okwale x x x x Port Harcourt RSUST-Nkpolu- xx Oroworukwo Intels Camp x
Field sampling and analysis samples of soil, sediment, surface water, drinking water, groundwater, fish and agricultural crops All field sampling took place between July and collected by other UNEP scientists from the same December 2010 in those communities where or nearby communities, shed light on human bigger oil spills had occurred. Sampling locations exposure to oil-related contamination. Together were selected according to information gathered these samples allowed for assessment of cumulative from community members, community leaders and exposure across different media including soil and health-care providers, as well as from environmental drinking water. monitoring data and historical information that indicated the location and extent of oil spills. The Rainwater and drinking water sampling programme is summarized in Table 7. Sampling of drinking water was warranted given The Public Health Team’s environmental that UNEP detected petroleum hydrocarbons monitoring programme included collection of in surface water and groundwater samples. In drinking water and rainwater used for domestic response, the Public Health (PH) Team collected purposes and measurements of outdoor air from drinking water samples in addition to those both highly exposed communities and reference already collected by the Contaminated Land communities. These samples, combined with (CL) Team.
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Some community members expressed concern from a catchment system and/or aerial deposition about rainwater quality, reporting that they onto uncovered rainwater storage vessels. historically used rainwater for drinking and other purposes, but that it is now contaminated and can Drinking water and rainwater sampling locations no longer be used for this purpose. In response included places where the community had to this concern, UNEP collected 35 rainwater complained about rainwater quality; this applied samples from rainwater collection vessels and three also to the reference community. Drinking water rainwater samples directly from the atmosphere. and rainwater from collection vessels were sampled and analysed using the same methods employed Rainwater from collection vessels represents actual by the Contaminated Land Team. Rainwater exposure because people are using it for washing, was sampled from the atmosphere using stainless bathing, cleaning food and drinking. These steel containers placed on a stool 1 metre off samples reflect any contamination that originates of the ground in an open area without trees or in the rainwater, from the rainwater catchment other elevated vegetation or structures. The time system, and, if the collected rainwater is uncovered between onset of direct collection of rainwater and for any period of time, from contamination that storage of the rainwater in a freezer ranged from deposits from the air (e.g. bird droppings). Most a matter of minutes to six hours, depending on often, the catchment system collected rainwater how long it took to collect a sample of sufficient from a roof into a metal or plastic collection quantity and transport it to the freezer. vessel. Samples of rainwater collected directly from the atmosphere reflect contamination found Rainwater and drinking water samples were not in rainwater in the absence of any contribution filtered before laboratory analysis.
UNEP expert consulting health-care centre staff
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Outdoor air communities. Nearly all the samples were collected during the dry season, which lasts from March to Oil spills can influence air quality. Ubong (2010) November. However, two sampling locations were reviewed air quality data available for Ogoniland, re-sampled in December to allow for comparison some of which reflected conditions near oil spills, between wet season and dry season air quality. including some measurements of total VOCs [35]. UNEP’s air sampling programme expanded on On each sampling day, air samples were collected this work by collecting air samples from spill areas from the oil spill area and from the community where the highest concentrations of petroleum area nearest the oil spill. Samples from the oil hydrocarbons were expected in air, based on results spill location provided a ‘fingerprint’ of VOC from UNEP’s investigation of soil and surface release from the worst oil spills in each LGA. water. Priority was given to locations where UNEP Samples taken from the closest community detected and/or observed the highest concentrations location provided measures of exposure to these of oil contamination on or near the ground surface worst spills, combined with background exposure or sheens on surface water. In addition, air samples from other sources of petroleum hydrocarbons, were analysed for individual VOCs rather than total such as vehicle exhausts. Air samples were also VOCs because the toxicity of total VOCs depends collected from the reference community in on the composition of the mixture. Okwale; these samples represented conditions in Ogoniland with limited land development and The outdoor air sampling programme is no known petroleum-related operations, both summarized in Table 7 and Map 8. It included of which can influence the concentration of 22 VOC samples from oil spill areas, 20 VOC petroleum hydrocarbons in air. Air samples were samples from nearby communities, 2 VOC also collected from two urban reference locations samples from reference locations and 23 respirable just outside Ogoniland, at the Intels Camp and particulate samples from oil spill areas and nearby RSUST Campus in Port Harcourt.
A Thermo Scientific Particulate Monitor DataRAM 4 is used to measure air quality, Bodo West
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-AP ,OCATION OF AIR QUALITY AND PUBLIC HEALTH STUDIES ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO #* ! OBIO/AKPOR AYAMA "h"h#* ! #* AKPAJO "h"h Reference community ! #* "h #*#* "h "h #* "h OYIGBO v®#*
"h EBUBU ABAM "h#*#*!"h ! #* #* "h"h"h"h "h "h#*"h "h #* TEKA-SOGHO "h#*"h #* ! #* "h#*#* TAI "h SIME#* JOR-SOGHO ! ELEME ! PORT "h "h"h#* #*#* KOROKORO"h"h"h"h#*"h "h "h !KPITE HARCOURT ! OGU "h v® ! #*"h#* "h"h "h #* DEKEN KPORGHOR ! ! #*#* "h OPUOKO GIO "h#* ! ! "h LUEGBO-BEERI "h ! WAKAMA "h ! "h GOKANA BORI KHANA OKRIKA BOLO ! ! #* BERA OGU/BOLO v®"h"h#*"h ! "h"h"h "h"h "h"h#* ZAAKPON "h"h ! BERE "h#*#* "h ! KAPNOR "h KIBANI ! #* ! #* v®#* #* "h "h #* "h#* "h#* "h#* "h "h "h IMO RIVER KAA BONNY ! OLOMA ! BONNY RIVER
ANDONI ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend IMO Umuahia r¬ DELTA Owerri ! (! ( LGA boundaries #* r¬ Air monitoring station NNPC Crude ABIA v® Public Health Center investigated "h AKWA NNPC Refined product UNEP investigated contaminated land sites IBOM r¬ T SPDC Oil Pipe in operation RIVERS Port Harcourt (! BAYELSA Kilometres
0510 Sources: Administrative: SPDC, River State. Projection: UTM 32N Oil Facilities: SPDC Geomatic Dept. Datum: WGS84 UNEP 2011
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Samples were collected and analysed for selected client records. Some general hospitals and primary VOCs using USEPA Method TO-17, which health-care centres held records for as long as 10 involves sampling with thermal desorption tubes years, some even longer, while others only had and laboratory analysis with gas chromatography/ records for the previous six months. Medical records mass spectroscopy. Thermal desorption sampling available at primary health-care centres and general tubes were manufactured by Markes International hospitals generally included the patient’s name, age, (Markes Part No: CI-AAXX-5017 Stainless Steel sex, community and LGA names, complaint or TD sampling tube (industrial standard 3 1/2 “x1/4”; diagnosis, and treatment. Some included additional prepacked with Carbopack [Mesh 60/80]) and information such as body weight and occupation. conditioned and capped with brass long-term caps. Diagnoses are not confirmed by testing at primary Air was drawn through the thermal desorption tube health-care centres. at a flow rate of approximately 50 ml per minute using an SKC AirCheck 2000 pump. The sampling All records reviewed by the Public Health Team train was affixed to ladders to elevate sample tubes to were maintained in handwritten log books and about 1.5 metres (i.e. approximate breathing height). summarized on forms provided by the Rivers The pump calibration was checked in the field at the State Ministry of Health. The primary health-care beginning and end of each sampling period. A dual centres were selected for collection of medical tube sampler was set up at each sampling location, records because, unlike general hospitals, they serve with one tube sampled for approximately one hour localized areas that could be matched to oil spill and the other tube sampled for approximately locations. In addition, a general hospital that served four hours from mid-morning to mid-afternoon. the reference community could not be identified. Security constraints prevented longer deployment of air samplers, though desired laboratory detection The team selected one primary health-care centre limits were still achieved. One field blank tube was from each LGA that serves communities where collected on each sampling day. large oil spills had occurred and a fifth primary health-care centre in the reference community. Air concentrations of respirable particulate Medical records for the previous year (i.e. 1 September 2009 to 31 August 2010) were collected matter (PM2.5 μm and PM10 μm) were measured at each community sample location on each air using a portable scanner so that data analysis could sampling day using a DataRam4 (Thermo Electron be performed using original records. As noted earlier, some medical facilities maintain records for Corporation, DR-4000 Model). PM2.5 and PM10 concentrations were each measured for a ½-hour as long as 10 years, but many do not. Therefore, the to 1-hour period with the instrument elevated to one-year period was selected because most primary an approximate breathing height of 1.5 metres. health-care centres keep records for this length of time, allowing for comparison among them. Particulate sampling locations largely overlapped VOC air sampling locations and included areas with varying amounts of nearby vehicle traffic, waste burning and garri (cassava) processing, all of which can contribute to particulate concentrations in air. In all locations the DataRam4 was placed in open, outdoor areas. The ground surface varied widely among sites, from sand to dense vegetation.
Medical records The Public Health Team considered that medical records could be helpful in identifying unusual symptoms or disease patterns associated with living near oil spills. Many community members reported that they sought health care from pharmacists and traditional healers, but the team did not find UNEP expert examining medical records evidence that these providers maintained patient or in a handwritten log book
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4ABLE ,OCATION AND NUMBER OF HEALTH Remote sensing RECORDS COLLECTED The components of the environmental assessment Primary Number of medical of Ogoniland in which remote sensing (Table 9) health-care centre records analysed played a key role were: land-use study, for example Agbonchia 1,196 tracking changes in land cover; vegetation surveys, K’Dere 1,581 including impacts of oil on mangroves; assessing Kpite 543 pollution of creeks and other water bodies; and Kwawa 1,421 research into the artisanal refining of crude oil in Okwale 268 primitive stills (see ‘Artisanal refining’, page 102).
Unlike all other components of UNEP’s study for After agreeing to participate and indicating that which it was only possible to obtain a snapshot at records were available for the previous year, the the time of the assessment, for those issues studied primary health-care centre in Agbonchia, Eleme through remote sensing analyses of changes over could not provide records prior to February time were achievable. However, since satellites did 2010, despite repeated attempts to obtain earlier not exist when oil industry operations commenced records from current and retired staff. There in Ogoniland in the 1950s, a baseline comparison was insufficient time within the study schedule dating back to this period was not possible. to select and collect records from an alternative centre. While these missing data are important In addition, satellite images were used intensively from a temporal perspective, their exclusion did as a primary source of information for daily not adversely affect the number of records relative operations in the field. These included: to other primary care centres. The total number t navigation, from scouting exercises through of records analysed for each primary health- to full site assessments care centre is given in Table 8, with differences land-cover mapping attributable to the relative number of records t available from each centre. t change-detection analysis – images acquired on different dates were available for most Original medical records were transcribed onto a of the sites, showing changes over time in single database (in Microsoft Excel) and a subset vegetation, new houses, fire, etc. of records from each primary health-care centre t oil-spill detection – radar images were used to was reviewed to ensure accurate data entry. detect oil spills outside Ogoniland
4ABLE 3UMMARY OF ALL SATELLITEAERIAL IMAGES USED DURING THE REMOTE SENSING ANALYSES Satellite Spatial resolution Acquisition New acquisition / Primary use Source dates Archive WorldView 2 50 cm 02/01/2011 New acquisition Detailed mapping; Change detection DigitalGlobe Ikonos 1 m 2006-2007 Archive Detailed mapping; Change detection GeoEye SPOT 5 2.5 m 17/01/2007 Archive Detailed mapping; Change detection SPOT IMAGE Aster 15 m 19/01/2007 Archive Land-cover mapping ERSDAC 03/01/2007 Landsat TM 30 m 08/01/2003 Archive Land-cover mapping GLOVIS 17/12/2000 19/12/1986 Landsat 80 m 15/05/1976 Archive Land-cover mapping GLOVIS MSS SPOT 4-5 1 km 1998-2010 Archive NDVI trend VITO VEGETATION 10-day synthesis ENVISAT 90 m 26/09/2010 Archive Oil spill detection ESA SRTM 90 m 2000 Archive Digital elevation model CGIAR Helicopter 10 cm November 2011 New acquisition On site verification
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4ABLE 3OFTWARE PROGRAMS USED IN ')3 carried out, for instance on shifts in land cover, MAPPING OF /GONILAND changes to land-cover classification and areas of Software Use land impacted by contaminated sites. In addition, ESRI ArcGIS Cartography; geocoding; digitization groundwater modelling was carried out to generate ESRI SpatialAnalyst Spatial analysis contaminant-plume contours and to depict ErMapper Satellite image compression groundwater flow direction. ErMapper Satellite image compression GoogleEarth / Data visualization; real time tracking Land cover classification methodology GoogleEarth PRO Erdas Ortho-rectification; image mosaics The Landsat archive contains a number of images Idrisi Image classification of Ogoniland dating back as far as 1976. The best Surfer Contour modelling early image, from 1986, was used to develop a Strater Borehole log production classification for that year. The best readily available MapWindow Garmin waypoints and tracks recent imagery came from Advanced Spaceborne management software Thermal Emission and Reflection Radiometer (ASTER) images from 2007. Initially, it was thought that 2007 was sufficiently recent to provide a good GIS/cartography indication of the current status of land cover in Ogoniland. This may have been true for some parts GIS mapping/cartography was used extensively in of the terrestrial area but further research showed the Ogoniland assessment (Table 10), with more that major changes have taken place since January than 200 maps generated at a scale of 1:5,000. A 2009 in the mangroves adjoining Ogoniland. 1:50,000 cartographic atlas was also produced, giving all those working in the field access to the Since no recent images were available, UNEP same information. The atlas was frequently updated requested that the very high-resolution as new data arrived from the field. WorldView-2 satellite be programmed for acquisition in the study area. Due to the high Spatial analyses included proximity analysis, which cost of this acquisition, only a portion of the recorded the distances between contaminated sites entire Ogoniland region could be captured. The and community wells and settlements, as well as image was taken on 7 January 2011 to provide an contaminant dispersion. Statistical analyses were example of the current status in a selected area.
Example of an area classified as an industrial zone
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The classification method adopted for the project The output of this stage was a first estimate of was a two-stage hybrid procedure which used both land cover in Ogoniland. spectral measurement from satellite images and stratification of the area into broad zones; the latter Different land-cover types generally have different was used to make sure that within each zone the visual characteristics – but only to a certain extent. assignment of classes was appropriate. For example, Some land-cover types may appear spectrally similar; pixels classified as mangrove should only occur in for example areas of freshwater swamp forest may the mangrove zone, and pixels classified as urban appear very similar to mangroves but are different should only occur in the urban zone. land-cover classes. Similarly, some urban areas may appear very similar to bare soil in rural areas. To First, the satellite-derived spectral information in ensure consistency of the land cover classification, a the visible, near infrared and short-wave infrared set of zones or strata were defined and each processed regions of the spectrum were clustered by an to ensure internal consistency according to a set of unsupervised algorithm into spectrally similar simple rules. The following zones were defined: clusters based solely on their spectral properties Terrestrial zone (colours). How these clusters related to land-cover t classes was not known at this stage. It was assumed t Mangrove zone that different land-cover types in the landscape t Freshwater riparian vegetation zone could be distinguished by their spectral properties. t Forest zone (non-riparian) This is generally true of a range of landscape features t Coastal zone – water, urban areas, vegetation and bare soil all t Urban / industrial zone have rather different visual characteristics. t Rural village zone Bare areas (areas with no vegetation) To fully capture the range of diversity in the t images, it was found that approximately 60 A series of GIS procedures was developed to clusters had to be identified. The next step was apply a set of generic principles in each zone; to assign land-cover class names to each of the for example, mangroves can only occur in the spectral clusters. This was done by a manual mangrove zone. If mangrove pixels were found in process of image interpretation, referring to any other zones, they were reassigned to an appropriate ancillary information that was available, including land-cover class in the relevant zone. ground photographs and GoogleEarth images. Sample management The field component of the UNEP study was a massive undertaking. Over 4,500 samples were collected and submitted to two international laboratories, both accredited to meet the international standard (ISO 17025) for testing and calibration laboratories. Thus, a robust sample management programme was an absolute necessity, the main objective being to safeguard the integrity and quality of the samples sent to the laboratories for analysis – essential if the laboratories were to generate a quality result. Samples collected in the field were kept in a cool box and were brought to the project office where they were stored in a freezer while chain of custody and customs forms were completed. Within 24 hours of collecting the samples, they were sent to the appropriate laboratories, again in cool boxes with sufficient ice Each sample was assigned a unique identification packs. Figure 6 depicts the sample management number and the exact location was registered flowchart used in this project.
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&IGURE &LOWCHART DEPICTING THE MANAGEMENT OF SAMPLES COLLECTED FOR LABORATORY ANALYSIS
Pre sampling Calibration, sample containers, trip blanks, freezing elements, and planning cooling boxes
Sample Documentation, labeling, preservation collection
Sample In situ analysis and logging transportation
QA / QC Sample condition, breakage, categorization of samples inspection (soil/water/tissue/air/microbiology)
Data and record Database preparation, parameter selection, analysis request, chain management of custody
Preparation for Documentation, packaging sample bottles in cooling box with freezing transport & packaging elements, bubble wrap
Shipment to Labeling, proper sealing, signing shipment documents laboratory
Quality control samples sample preservation, packing, shipping and storage A majority of the errors in environmental analysis can be attributed to improper sampling, cross t Field blank – an analyte-free sample that contamination and improper sample storage and is collected in a sample bottle and sent to a preservation. Quality control samples are a way laboratory for final analysis to measure precision, accuracy, representativeness, comparability and completeness. Essentially, two Field blanks and trip blanks were collected for types of quality control samples were considered only a subset of the water samples. When sample during the scientific investigation period of the concentrations were close to concentrations Ogoniland project, namely: detected in blanks, they were qualified accordingly. Detected concentrations less than two times the t Trip blank – a sample that originates from field blank were negated (qualifier ‘U’) and analyte-free water taken from the laboratory detected concentrations between two and five to the sampling site and returned unopened times the field blank were qualified as estimated to the laboratory with the VOC samples. with potential high bias (qualifier ‘J+’). This One trip blank accompanies each cooling approach is consistent with the United States box containing samples submitted for VOC Environmental Protection Agency’s (USEPA) analysis. The trip blanks are used to assess the National Functional Guidelines for Organics and quality assurance/quality control (QA/QC) of Inorganics.
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Field measurements alpha-beta-gamma probe 6150 AD-17 (0.1- 10000 cps) surface contamination probe. The various on-site measurements were performed with standard, calibrated equipment which Analytical measurements differed from one parameter to another. Though contaminated site assessment is an estab- A Hatch Multimeter was used for monitoring lished industry, there is still no consistency in setting basic parameters such as pH, conductivity and standards on measurement of hydrocarbons. temperature. The main issue is that crude oil, or petroleum To monitor fine particulate matter in outdoor hydrocarbon, is a mix of thousands of individual air, with different fractions such as the inhalable hydrocarbons. Individually identifying each of them fraction PM respirable fraction PM and 10, 2.5 and setting standards presents a very complex – ultrafine fraction PM (particles measuring less 1 and expensive – challenge. Simply lumping all the than 1 micron), a portable Thermo Scientific hydrocarbons together to create a single standard Particulate Monitor DataRAM 4 (DR-4000) would prevent differentiation between a hydrocarbon was used. The same instrument was also used to that is very toxic and another which is not. measure air temperature and humidity. The Nigerian legislation, EGASPIN, is based on To determine naturally occurring radioactive a parameter referred to as mineral oil, though no materials, an Automess 6150 AD 6/H calibrated specific analytical methods or carbon range are dose-rate meter was used along with an Automess specified.
The Total Petroleum Hydrocarbon Criteria Working Group (TPHCWG) in the United States developed a methodological approach that takes into account the carbon chain length, solubility and toxicological effects of hydrocarbons in the mixture. TPHCWG divided petroleum hydrocarbons into two main groups: aromatic and aliphatic compounds.
As leaching factors and volatilization factors span many orders of magnitude, the TPHCWG classified aromatic and aliphatic hydrocarbons into a number of fractions with leaching factors and volatilization factors that lie in the same order of magnitude. With these so-called transport fractions, their transport and fate in the environmental compartments can be modelled more appropriately than with a single TPH value. For this reason, UNEP used the TPHCWG method of carbon banding (Table 11).
Since relevant Nigerian legislation is based on a single parameter, for the purpose of this report the broadest possible range of hydrocarbons analysed (C5-C44 for soil and C5-C35 for water) was used for comparison with mineral oil and reported as TPH. Where appropriate, individual parameters (e.g. benzene) or groups (e.g. BTEX or TPH) are Over 4,500 samples were collected for analysis reported and explained.
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4ABLE "ANDING FOR HYDROCARBONS IN 40( map the road network and accessibility for the #RITERIA 7ORKING 'ROUP ANALYSES purposes of planning daily transportation to and Hydrocarbon banding from sampling sites. Samples Aliphatics Aromatics >C5-C6 >EC6-EC7 Using GPS cameras (Caplio 500SE GPS embedded >C6-C8 >EC7-EC8 model), more than 10,000 geo-referenced >C8-C10 >EC8-EC10 photographs were taken in Ogoniland during >C10-C12 >EC10-EC12 the course of the study. The photographs were Soil >C12-C16 >EC12-EC16 used extensively during the scouting exercise, >C16-C21 >EC16-EC21 reconnaissance, boat trips and helicopter flights, >C21-C35 >EC21-EC35 allowing for geo-traceability of the information >C35-C44 >EC35-EC44 photographed in the field. The photographs were >C5-C6 >EC6-EC7 also used as ground truthing for the land-cover >C6-C8 >EC7-EC8 mapping work, which served to improve the >C8-C10 >EC8-EC10 accuracy of the land-cover classification. Water >C10-C12 >EC10-EC12 >C12-C16 >EC12-EC16 GPS-embedded, rugged laptop computers were >C16-C21 >EC16-EC21 used in the field to verify any spill reported by >C21-C35 >EC21-EC35 SPDC, record new spills reported by Ogoni communities or spills discovered by the UNEP team during fieldwork. Laboratory analyses of NORM Gamma spectrometry for the determination of natural radioactivity in collected samples was performed in Switzerland at the Spiez Laboratory’s ISO/EN 17025-accredited testing laboratory for the determination of radionuclide concentration (accreditation number STS 028). Gamma spectrometry was performed with high-purity Germanium (HPGe) CANBERRA detectors with high relative efficiencies.
The same testing laboratory was used to carry out inductively coupled plasma mass spectrometry (ICP-MS) of the collected samples. This process is able to determine the existence of medium- and long-living radioisotopes, as well as non- radioactive elements. For this analysis, a Finnigan Element XR high-resolution (sector field) mass spectrometer was used.
The procedures applied and measurements taken for both analyses fulfilled the international norm.
Field data collection for remote sensing A large number of GPS (Model GPS 60TM) instruments were used to record geographic coordinates of pollution on the ground and the points from which samples were collected by the UNEP technical assistant using a GSP instrument different thematic teams. GPS was also used to during a reconnaissance exercise, January 2010
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Review of institutional issues pollutant against which a judgement is made as to whether or not it is acceptable. Criteria need to National legislation and institutions be differentiated from standards and guidelines. UNEP’s review attempted to cover the whole Standards are specifications set by a statutory body, range of institutions dealing with legislation often national, and are therefore legally enforceable. related to environmental management and oil Guidelines on any given issue, on the other and gas production in Nigeria, touching also on hand, whether made by government, industry cross-cutting issues such as community-company- organizations or international organizations, government interaction, transparency, fiscal issues present ideals that are considered desirable but and law enforcement. The assessment was carried which are not legally enforceable. From a technical out by a thorough review of available documentation point of view, criteria, guidelines or standards are (published reports, legislation, research papers, etc.). almost always derived from the same scientific basis In addition, many institutions, both at federal and and could often be the same. state level, were contacted and interviewed, though not all those contacted were available. Community Contamination assessment criteria – a numerical members were interviewed to the extent possible value above which a site could be deemed to be given the challenges of accessibility and security. contaminated – are of importance from several angles. Firstly, the degree to which observed values SPDC procedures vary from the assessment criteria is an indication of the degree of contamination, and therefore The Shell Petroleum Development Corporation the degree of risk to which the environment is has a set of documents which form the operational subjected. Secondly, assessment criteria determine basis for handling oilfield assets and emergencies. the degree of environmental clean-up and A review of these procedures was undertaken restoration required at a site. This in turn dictates for the purpose of this assessment, based on the the policy and technological approaches to be used, following documents: both of which have a direct bearing on the cost of t SPDC Corporate Oil Spill Response, Clean- the clean-up operations. up and Remediation Manual, SPDC 2005- 00572, April 2005 A chemical substance is considered a pollutant when its concentration is above a harmful threshold. t Overview of Process and Standards for Oil Such thresholds can have different connotations in Spill Clean-up and Remediation, SPDC different contexts. A chemical substance could be Document, April 2006 harmful to people directly; it could be harmful to the quality of air or water, which may in turn harm In addition, three specific advisories issued by people; or it could be harmful to other biota, for Shell Global Solutions and which form the basis of example animals, but may or may not harm people. SPDC internal procedures were also reviewed: However, it is fair to say that in most situations t Framework for Risk Management of harm is ultimately defined from an anthropocentric Historically Contaminated Land for SPDC perspective. Table 12 shows the comparison of risk- Operations in Niger Delta, OG.02.47028 based screening levels for some of the frequently regulated hydrocarbon pollutants [65]. It can be Framework for Risk Management of t seen that the screening levels for the same parameter Historically Contaminated Land for SPDC can vary, and vary substantially, between countries. Operations in the Niger Delta: Mangroves There are scientific and policy reasons, such as a and other Swamp Areas, OG.03.47062 society’s risk tolerance, as to why different countries t Remediation Management System, 2010 may have different values for contamination criteria for the same pollutant. 3.7 Contamination assessment criteria Though the international community has more than 30 years of experience in different parts of Contamination criteria, in the context of this the world on systematic assessment and clean-up report, are specifications of concentration of a of oilfield contamination, there is not yet an
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4ABLE #OMPARISON OF COUNTRY SPECIlC RISK BASED SCREENING LEVELS FOR HYDROCARBON RELATED COMPONENTS IN SOIL Country Parameter Canada China Netherlands Thailand UK Benzene 0.0068 0.2 1 6.5 0.33 Toluene 0.08 26 130 520 610 Ethyl Benzene 0.018 10 50 230 350 Xylenes 2.4 5 25 210 230 All values are in mg/kg
clarification, it has been done. Until such revisions or clarifications are made, however, the existing legislation will have to be complied with.
Standards for soil The Nigerian legislation dealing with soil and water contamination from oil operations is handled by the Federal Government’s Department of Petroleum Resources. The Environmental Guidelines and Standards for the Petroleum Industries in Nigeria (EGASPIN), issued in 1992, set out the standards which are currently the minimum operating requirement for the oil industry in Nigeria [7].
EGASPIN proposes two possible options for pollution incidents: (i) application of the Standard Guide for Risk-Based Corrective Action Applied at Petroleum Sites, prepared by the American Society for Testing of Materials (E1739-95, reapproved 2010); or (ii) an approach based on ‘intervention Soil caked into a crust of dried crude oil values and target values’. Even though the EGASPIN document itself was reissued in 2002, no further guidance has been produced in the last 20 years, such internationally accepted guideline on what level that the approaches suggested in 1992 still form the of hydrocarbons constitutes contamination. It operational basis for the oil industry in Nigeria. is against this background that the Ogoniland assessment team had to review the available EGASPIN defines intervention values as those that criteria and make its recommendations. “indicate the quality for which the functionality of the soil for human, animal and plant life are, It must be stated that defining the level of or threatened with being seriously impaired. environmental clean-up is ultimately a policy Concentrations in excess of the intervention decision for the Federal Government of Nigeria, and values correspond to serious contamination”. wherever national legislation exists with regard to a Target values are defined as those which “indicate particular issue, it is recommend that the legislation the soil quality required for sustainability or be followed, except in cases where there are sound expressed in terms of remedial policy, the soil scientific reasons to adopt a more stringent line quality required for the full restoration of the to protect public health and welfare. In addition, soil’s functionality for human, animal and plant when it is felt appropriate to point out instances life. The target values therefore indicate the soil where particular legislation may need revision or quality levels ultimately aimed for”.
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In reviewing site contamination, UNEP has Standards for drinking water used the EGASPIN standards for soil (Table 13), WHO guidelines on drinking water which demonstrate the presence of higher levels of hydrocarbons and reveal continuing legislative The World Health Organization (WHO) has non-compliance. However, this report makes developed and issued guidelines on drinking water recommendations for review of the EGASPIN quality for over 60 years. These guidelines – based (see Chapter 5). It is therefore expected that on best available information on the risks associated before the final clean-up is undertaken, a new set with the consumption of water – have become the of standards will be introduced. universal benchmark for setting drinking water standards. The risks associated with drinking Standards for groundwater water are constantly evaluated by WHO and the guidelines updated accordingly [36]. The safety limits for groundwater pollution are also set out in the EGASPIN as both Nigerian national drinking water standards intervention and target values. Since some The Nigerian Industrial Standard (NIS) 554:2207 Ogoniland communities (those within the study deals with standards for drinking water quality area at least) use groundwater for drinking, without nationally [37]. The standard was developed by the any treatment or monitoring, it is important that Ministry of Health, working through a technical contamination levels of groundwater are compared committee of key stakeholders. Table 14 provides a against the criteria for drinking water quality. comparison of the maximum levels of contaminants EGASPIN standards for groundwater are also permissible according to Nigeria’s drinking water presented in Table 13. standard and the corresponding WHO guideline.
4ABLE %'!30). TARGET AND INTERVENTION VALUES FOR SOIL AND GROUNDWATER Soil/sediment # Groundwater Substance Target value Intervention value Target value Intervention value A. Aromatic compounds (mg/kg dry material) (μg/l) Benzene 0.05 1 0.2 30 Ethyl benzene 0.05 50 0.2 150 Phenol 0.05 40 0.2 2,000 Toluene 0.05 130 0.2 1,000 Xylene 0.05 25 0.2 70 B. Metals Barium 200 625 50 625 E. Other pollutants Mineral oil 50 5,000 50 600 # The values given for soil are for 20 % soil organic matter with a forumula given for calibrating for other soil organic matter concentrations
4ABLE #OMPARATIVE ENVIRONMENTAL STANDARDS FOR DRINKING WATER Contaminant Nigerian drinking water standard (μg/l) WHO guideline (μg/l) Benzene No standards set 10 Toluene No standards set 700 Ethyl benzene No standards set 300 PAHs 7 No standards set Arsenic 10 10 Barium 700 70 Mercury 1 6 Mineral oil 3 No standard set
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4ABLE 7(/ AIR QUALITY GUIDELINES 3.8 Limitations, challenges Standard PM PM 2.5 10 and constraints Annual mean 10 μg/m3 20 μg/m3 In carrying out a project of this scope, some 24-hour mean 25 μg/m3 n 50 μg/m3 constraints are inevitable. While every effort was made by the UNEP assessment team to limit the impact of these constraints on the scientific Air quality standards integrity of the study, the issues encountered are summarized here so that those who read this report No local air quality standards currently exist in may understand the context in which the work was Nigeria. In 2006, the WHO published guidelines undertaken. for respirable particulate matter [38], as shown in Table 15. Scientific constraints In the absence of local standards, the WHO There is no baseline information available on guidelines are used as a reference. either the nature of the environment or socio- economic status of the community prior to the There are certain chemicals which were analysed in the initiation of oil exploration. In fact, useful, recent assessment but for which no internationally recognized and robust information covering Ogoniland is guidelines exist. In such cases, reference to any available also not available. This includes a lack of reliable standard is provided, primarily to give the observed data about the quantity of oil spilled in the region. values some context. No specific recommendations Consequently the observed situation has to be are made by UNEP on such standards. compared with a presumed baseline condition.
Despite many challenges, there was generally a strong spirit of cooperation between UNEP and Ogoniland communities
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-AP ,OCATION OF VANDALISED MONITORING WELLS ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO !
OBIO/AKPOR AYAMA !
AKPAJO ! OYIGBO
EBUBU ABAM ! ! TEKA-SOGHO TAI ! SIME JOR-SOGHO ! ELEME ! PORT KOROKORO !KPITE HARCOURT GF OGU ! GFGFGF ! DEKEN KPORGHOR ! ! OPUOKO GIO GF ! ! GF LUEGBO-BEERI ! WAKAMA ! GOKANA BORI KHANA OKRIKA BOLO ! ! BERA OGU/BOLO GFGFGFGF GF ! GF ZAAKPON ! BERE GF ! GF KAPNOR KIBANI ! ! GF GF GFGFGF GF IMO RIVER KAA BONNY ! OLOMA ! BONNY RIVER
ANDONI ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend IMO Umuahia r¬ DELTA Owerri ! (! ( LGA boundaries r¬ GF Vandalized well s NNPC Crude ABIA AKWA NNPC Refined product IBOM r¬ T SPDC Oil Pipe in operation RIVERS Port Harcourt (! BAYELSA Kilometres
0510 Sources: Administrative: SPDC, River State. Projection: UTM 32N Oil Facilities: SPDC Geomatic Dept. Datum: WGS84 UNEP 2011
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The Nigerian Navy provided support during some field visits (note the navy vessel in the background)
In a number of sectors, the report lacks statistical standards or other international guidelines. The coverage. For example, monitoring of drinking findings based on this could be used as a basis for water was done on an opportunistic basis around initiating public health protection measures on a contaminated sites. There are thousands of drinking preventive basis. This could also be used as a legally water wells in Ogoniland (and there is no record acceptable basis for site clean up. However, a more of how many or where). This study did not seek resource efficient approach will be to undertake site- to identify all possible locations of drinking water specific risk assessments followed by consultations wells and then undertake a statistically appropriate between the operator, regulator and community to sampling approach. establish clean-up levels for each site.
As the time available at individual sites was Security constraints always restricted and the possibility of returning to a site was never known in advance, the study United Nations Department of Safety and Security focused on collecting the minimum number of (UNDSS) specifications are contractually binding samples needed to form a reasonable picture of the and non-negotiable. In the UNDSS classification, contamination. The study could not, therefore, Port Harcourt is a Phase III duty station, meaning that involve collecting duplicate samples. special security precautions must be observed. This was an aspect that the UNEP team working on the This assessment compares the measured value of environmental assessment of Ogoniland had to keep pollutants on the ground with established legal in mind at all times, especially when in the field.
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While the UNEP project team was rarely under (Map 9, page 89) and could no longer be used any threat and maximum security was provided by for sampling. the local government authorities, there were times when UNDSS advised the UNEP team to refrain Access restrictions from fieldwork. This obviously had an effect on the pace of on-the-ground surveys. Traditional practices in Ogoniland are such that an elaborate procedure of consultation is Of the 180 groundwater monitoring wells mandatory prior to visiting a specific site. Two drilled by the project team, 38 were vandalized teams, a Community Liaison Team and a Land
The number of samples taken at each location was influenced by safety and access considerations
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Access Team, were deployed to facilitate access to Ogoniland that may be contaminated but which sites of interest. A considerable amount of time UNEP was unable to assess. was invested in this essential activity, but however well the advance planning was carried out, there Information constraints were repeated occasions when the project team was prevented from entering specific sites. In It was the intention of the UNEP team to identify every instance the UNEP team complied with the all possible locations in Ogoniland that have wishes of the community, although the underlying been contaminated by oil industry operations. reasons for denial of access often remained UNEP solicited, and received, information from unclear. A policy was adopted whereby once a all stakeholders, both the Ogoni community team had twice been prevented from visiting a and SPDC, regarding such sites. Whenever such site, the site was documented as ‘inaccessible’. information was received, reconnaissance visits As a consequence, there are still some sites in were arranged, subject to the security constraints
Samples were transported from field locations to laboratories in the shortest possible time
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mentioned above. The project team also visited Ill-defined boundaries oilfield infrastructure even when there was no specific information on contamination. While it was agreed that the geographic scope of the environmental assessment be limited to Ogoniland, One of the observations made by UNEP during there is no clearly agreed official definition of what the course of the study was that vegetation had constitutes Ogoniland. Boundaries, even between continued to grow and cover contaminated areas local government areas in Ogoniland, are not well even though remediation measures had not been defined and always disputed. Consequently, the carried out. This was partly because some vegetation UNEP study may have captured some information types can vigorously survive hydrocarbon pollution from outside Ogoniland while inadvertently leaving and partly because many vegetation types need out areas that may be perceived by some as part of only limited, comparatively clean amounts of Ogoniland. At all times, the project team tried to topsoil to re-establish. Thus, even in cases where err on the side of caution. Whenever there were severe contamination had penetrated deeply, people living in an area, their opinion on whether superficial vegetation cover gave the site a healthy or not the area lay within Ogoniland was taken appearance. Given that the oil industry has been as correct. Greater difficulty was experienced in operating in Ogoniland for more than 50 years while areas where oil industry operations were apparent contamination records only go back 25 years, there but there was no community presence, such as at could easily be other locations where contamination Bodo West. still exists below the surface but is obscured by vegetation. Vertical delineation of contamination Unfortunately, UNEP received insufficient While the horizontal delineation of contamination information to enable it to undertake comprehensive was challenging (no visible signs on the surface), assessments of oil operations in Ogoniland by vertical delineation was even more difficult given companies other than SPDC. This included Port the wide fluctuations in groundwater levels. On Harcourt Refinery Company and Pipelines and reaching groundwater, any contamination can Products Marketing Company. Consequently, penetrate to considerable depths. The UNEP only spills that were apparent on the surface, and/ survey used only shallow augers for groundwater or reported by the Ogoni community in the case analysis, with a maximum sampling depth of of non-SPDC properties, were assessed by the 5 metres. At a number of locations, chemical UNEP team. The implication is that there may still analyses revealed that contamination may have be contaminated areas in Ogoniland about which gone deeper. there is currently no intelligence available to UNEP on which to base further surveys. Time frame
Sample management constraints The assessment of contaminated sites always calls for decisions on the number of samples to be As previously described, analysis of all the samples taken at a particular location. In general, this is collected in Ogoniland was undertaken in primarily driven by the cost of subsequent analysis appropriately accredited laboratories in Europe. of the samples. However, in Ogoniland there Many of the analytical parameters (e.g. VOCs) was an additional variable to be dealt with: the are sensitive to the temperature at which they amount of time available to the UNEP team to are preserved. While all efforts were taken to work safely at a site, with the added consideration maintain temperatures at the required levels that a second visit, while highly desirable, might during transportation of sample materials, and to not prove feasible. Consequently, the sampling get samples to laboratories in the shortest possible approach had to be tailored to capture the breadth, time, some degree of loss of contaminants is to depth and intensity of contamination from the be expected in the analytical results. Therefore, lowest feasible number of samples. However, the reported results could be lower than the whenever access was more freely available, the actual concentration in the sample when it was opportunity was always taken to supplement collected. initial sampling.
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Soil samples were taken at multiple locations and at multiple depths and investigated for hydrocarbon contamination. Groundwater was studied where it was possible to reach the groundwater table © UNEP
UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
habitation. In any well-functioning oil industry Assessment of operation, maintaining rights of way is both Contaminated Soil essential to and indicative of good environmental management. and Groundwater On the whole, maintenance of rights of way in Ogoniland is minimal, arising in part from the 4.1 Field observations of the fact that the oilfield has been closed since 1993 current situation on land and access for the operator is somewhat limited. The entire gamut of oil operations in Ogoniland Though oil production in Ogoniland has ceased, the took place on soil which is very productive. This UNEP assessment team visited accessible oilfields means that, unless regularly maintained, the and oil-related facilities in the region, including land on which oil facilities and rights of way are both pipeline and facility rights of way as well as located can very quickly become overgrown with decommissioned and abandoned facilities. vegetation. There are several locations within rights of way where lack of maintenance is evident Rights of way consist of land along pipelines and and of serious concern. around other oilfield infrastructure which are, by law, owned and managed by oil companies to Habitation on or close to facilitate easy access for routine maintenance as oilfield facilities well as emergency response. SPDC practice is for rights of way around facilities to be fenced, while The UNEP team observed that the oilfield those along pipelines are kept clear of habitation in Ogoniland is interwoven with the Ogoni and vegetation but not fenced. In most cases community, with many families living close pipelines are buried. Rights of way act as buffer to oilfield facilities. In some cases it is unclear zones between oil facilities and local communities, whether the settlements came before or after the so that any incident, such as an oil spill or fire, oil installations. This is true for both pipeline does not impinge directly upon areas of human rights of way and rights of way to facilities.
A house constructed on a well pad (Yorla 9, Khana LGA)
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A traditional house, made from combustible material, adjacent to a pipeline (Ebubu Obolo, Eleme LGA)
In at least one instance, at Yorla 9, the assessment With respect to pipeline rights of way, three team came across a family that had built its house concerns arise: within metres of the oil well, on the well pad itself. The family, with very young children, was also t Communities living very close to or on using the land around the well pad, within the oil rights of way are at personal risk from well right of way, for farming. This observation pipelines which are operational. While there is disturbing in many ways. To begin with, from is no obvious day-to-day danger from buried a safety point of view, especially where children pipelines, where there are open well pads the are concerned, it is wholly inappropriate that the potential for oil spillages and associated fire family home is located so close to the wellhead. An could put vulnerable communities at risk, immediate hazard is that the children may fall and both physically and legally drown in the (currently unprotected) well pit around the wellhead. Moreover, surrounding the well site t As communities along rights of way go are a number of other mud and water pits which, about their daily lives, the possibility that even if uncontaminated, are also potential hazards some of their activities may inadvertently to both children and adults. In addition, the family cause an accident cannot be ruled out. is unprotected from fire, which is not unusual at Drilling of a well for drinking water or disused oil wells in Ogoniland. digging out a septic tank, for example, can both cause damage to a pipeline which may In some locations the project team observed result in a leak, leading to a fire and possible buildings very close to rights of way; indeed in explosion, endangering workers as well as the extreme cases the right of way itself had ceased neighbouring community to exist owing to the construction of farms and houses along it. An entire village of the Hausa t The establishment of a community or individual community, for instance, lies along what appears homes on or close to a right of way defeats the to be a flare pipeline next to a flow station. very object of the right of way and prevents Furthermore, the Hausa houses are made of rapid access to the facility should an accident readily combustible materials. needing specialist intervention occur
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Chief Vincent Kamanu at part of an SPDC facility overgrown with vegetation (Gio, Tai LGA)
That communities have been able to set up houses individuals wishing either to make use of the and farms along pipeline rights of way is a clear site for building or farming, or to tap into indication of the loss of control on the part of the facility. Consultations with SPDC on this both the pipeline operator and the government matter revealed that in a number of situations regulator. This is a serious safety breach. In where there appeared to be a lack of control, addition, other poor and marginalized families the pipelines were listed as “abandoned” and no may follow suit and construct their own houses longer operational. However, no information within rights of way of other oilfield facilities. was available on whether these facilities were decommissioned following international best Unmanaged vegetation practice in terms of site remediation or, literally, abandoned. It is not uncommon in many pipeline The project team observed overgrown wellheads abandonments for oil to remain in the pipeline. and pipeline rights of way at several sites. In some Until such time that pipelines – and associated cases, excessive vegetation growth prevented access rights of way – are closed down in a professional by the UNEP team. manner, they will continue to pose potential risks
to the community. While overgrown vegetation does not cause an immediate danger to the facilities, there are Facilities not in operation concerns. Firstly, a small spill around the facility or on the right of way may not be noticed as quickly Some oil facilities that are no longer in operation as it would be in a cleared area. This may, in turn, have never been formally decommissioned and lead to a fire, causing damage to the facility, the abandoned. Left without maintenance and vegetation and the local community. exposed to the elements in a coastal region these facilities are vulnerable to corrosion. In the specific Dense vegetation at these sites also indicates context of Ogoniland, where site security is at best a lack of regular attention from the operator. irregular and unauthorized access commonplace, This in turn will encourage encroachment by such facilities are highly prone to damage.
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Visits to a number of facilities confirmed this on ‘Well and Field Assets Abandonment Standards understanding. Most alarming was the situation and Strategy’. at Bomu flow station in K-Dere. When the UNEP team first visited this location, the fences (since In the case of Ogoniland, the situation is rather fixed) were broken and oil contamination was more complex. Because SPDC departed the visible within the site. Given that the area around Ogoni oilfield in an abrupt and unplanned this facility is densely populated, this is a very manner, within a volatile security context, a serious situation from the point of view of both number of resources were left abandoned even community safety and security of the facility. though that was not the intention. Decisions were taken subsequently to abandon other facilities. In Conditions such as these at oilfield facilities indicate fact, records show that a number of facilities were a lack of control on the part of the operators. In a abandoned prior to the 1993 close-down. properly maintained facility, a flow station should be secure, with no oil on the ground and minimal While the SPDC database shows a number of fugitive emissions. pipelines and assets referenced as “abandoned” or “decommissioned”, the way in which some facilities Decommissioned and abandoned were left does not seem to have adhered to SPDC’s facilities own standards. UNEP’s reconnaissance routinely came across oilfield resources which had evidently In any oilfield operation some assets are routinely been abandoned in an uncontrolled fashion. decommissioned when they no longer serve a This varied from pipelines left open and lying in productive purpose, or are no longer economically trenches (possibly deserted midway through pipe- viable. Typically, such assets are first operationally laying operations), to oil facilities left standing but abandoned by decoupling them from the without subsequent maintenance. The bottom line main infrastructure, mothballed (left without is that the current state of the abandoned facilities maintenance) and at an appropriate time properly of oil field structure in Ogoniland do not meet decommissioned. SPDC has internal guidelines with international best practices.
A view of the Bomu flow station (K-Dere, Gokana LGA)
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massive fire was raging at the Yorla 13 oil well and apparently continued burning for over a month. Such fires cause damage to the vegetation immediately around the well site and can produce partly burned hydrocarbons that may be carried for considerable distances before falling on farmland or housing.
No blowouts were reported during the main field period of UNEP’s assessment in 2009 and 2010.
The control and maintenance of oilfield infrastructure in Ogoniland is clearly inadequate. Industry best practice and SPDC’s own documented procedures have not been applied and as a result, local communities are vulnerable to the dangers posed by unsafe oilfield installations. The oil facilities themselves are vulnerable to accidental or deliberate tampering. Such a Abandoned oil field infrastructure situation can lead to accidents, with potentially (Bodo West, Bonny LGA) disastrous environmental consequences.
The abandoned facilities in Ogoniland pose both environmental and safety risks. From an environmental point of view, there is no indication as to whether the various containers lying around are full or empty, or what they contain(ed). Corrosion of metallic objects leads to ground contamination by heavy metals. Attempts by criminal elements to recover objects for sale as scrap may lead to safety risks, both on and off oilfield sites, while children playing on these facilities also face health risks.
Well blowouts ‘Blowout’ is oil industry terminology for a situation in which control of a well is lost during drilling or operation. More frequent during drilling, blowouts lead to the release of hydrocarbons (crude oil, produced water and associated gas) into the environment. Often, the mixture will catch fire and burn until such time as the well is brought back under control – a process which may take weeks or even months if control is to be achieved by the drilling of a relief well. Although the Ogoniland oilfield has been closed since 1993, formation pressure, corrosion and illegal tapping can cause wells to blow out, leading to oil spills and fires.
The UNEP team witnessed one such incident in 2006 during aerial reconnaissance of Ogoniland. A An oil well on fire (Yorla 13, Khana LGA)
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The cumulative impact of artisanal refining puts significant environmental pressure on Ogoniland
4.2 Field observations was either transferred to larger boats for onward concerning illegal shipment or used locally for illegal artisanal oil-related activities refining (see following section). SPDC informed UNEP that by November 2010 Illegal tapping of oil wells all the wells had been sealed and capped. No and pipelines further tapping was observed by the UNEP team Bunkering is an oil industry term for supplying oil during subsequent visits. to a ship for its own use. In Ogoniland (and the wider Niger Delta) this term refers to the illegal Similarly, there are SPDC and NNPC pipelines tapping of oil industry infrastructure with a view through Ogoniland that still carry crude oil. to procuring oil illegally. There are frequent reports of these pipelines being tapped illegally, in some cases leading to spills and A number of defunct SPDC oil wells are located fires. Though UNEP did not directly observe such in the Ogoniland creeks. However, the wells still incidents on the ground, this does not mean that contain oil and are self-flowing, such that by such incidents did not take place during UNEP’s operating the well valves, crude oil (along with fieldwork period. As there are no externally visible gas and water) can be produced. During one visit signs while pipelines are being tapped for oil the assessment team observed a group of people (unlike the highly visible artisanal refining – see tapping into these wells and transferring oil to next section) and access to sites always had to small boats. This happened in broad daylight, be negotiated days in advance, only with precise without any apparent hesitation, even in the intelligence and community support would it be presence of the UNEP team. The oil collected possible to observe live operations.
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Artisanal refining tech refineries in Biafra to make up for the loss of refining capacity during the course of the conflict. The process of artisanal refining typically involves The same low-tech methods of refining continue in primitive illegal stills – often metal pipes and drums the Niger Delta to the present day and hundreds of welded together – in which crude oil is boiled artisanal refineries are to be found along the creeks. and the resultant fumes are collected, cooled and Their presence is obvious, even from a distance, condensed in tanks to be used locally for lighting, marked by dark plumes of smoke rising from the energy or transport. The distilleries are heated on fires. The practice represents a huge environmental, open fires fed by crude oil that is tipped into pits health and safety problem. in the ground. As part of the oil burns away, some seeps into the ground. A typical artisanal refinery Owing to security constraints, UNEP could only may comprise just one operating still and the entire observe live refining operations from the air. Once refinery may be no more than 100 square metres in refining operations are complete, those taking part area. Others, however, are much bigger, containing usually leave their tools on site, presumably with the multiple stills operating simultaneously. Stills are intention of returning at a later date. It was evident always located at the water’s edge, primarily to to the UNEP surveyors that the operation is run on facilitate the transportation of both the crude oil a very small scale, with minimal investment. and refined products. The crude is usually stored in open containers or open pits, increasing the For reasons that could not be determined, the risk of fire. number of artisanal refineries has proliferated in Ogoniland since January 2009. Satellite images Artisanal refining of crude oil has a tradition of the region taken in January 2009 and again in reaching back to the Biafran War, when the Biafran January 2011 show the increase in this activity Government advocated the development of low- (Map 10).
Aerial view of artisanal refining site (Bodo West, Bonny LGA)
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-AP 3ATELLITE IMAGES GIVE EVIDENCE OF THE INCREASE IN ARTISANAL RElNING BETWEEN *ANUARY LEFT AND *ANUARY RIGHT ETCHE OBIO/AKPOR ° OYIGBO
ELEME TA I
KHANA OKRIKA OGU/BOLO GOKANA
DEGEMA BONNY ANDONI OPOBO/ NKORO
Forest Artisanal refineries
Satellite : WorldView-2 Meters Acquisition date : 26/01/2009 Acquisition date : 02/01/2011 ©GoogleEarth © DigitalGlobe 0 100 200
Aerial Photograph Acquisition date : 29 nov 2010 ©MazenSaggar
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Aerial view of a typical artisanal refining site in operation (Bodo West, Bonny LGA)
UNEP is fully aware that unemployment and the t spread of pollution beyond the refinery area absence of new job opportunities in the region may – any crude left behind after the refining drive some of the local community members to take process can be picked up by higher tides and up this occupation. There is a high risk of self-harm transported over a wider area from artisanal refining – a large number of accidents, contamination of water in the creeks and fires and explosions on refining sites claim dozens t coastal and mangrove vegetation, as well as of lives every year, quite apart from the longer-term soil exposed to layers of oil at low tide health effects of ingestion, absorption and inhalation of hydrocarbons. Given the circumstances under which t air pollution – those involved in the artisanal these refineries operate (regularity of the practice; refining process are at high risk of exposure dozens of workers to be transported in and out, to extreme levels of hydrocarbons, which can accommodated and fed; huge smoke plumes above have both acute and chronic impacts, while the distilleries all day indicating the locations even the smoke blowing from the area can adversely from a distance, etc.), it is hard to understand why no affect entire communities action is taken by the local and regional authorities, police, army or navy to stop the practice. Although the impacts of each illegal refinery are small, the cumulative effect risks an environmental While the footprint of individual artisanal catastrophe, the costs of which would far outweigh refining operations is localized, the cumulative the short-term economic benefits derived. Unless impact exerts a significant environmental stress artisanal refining of crude oil is brought to a on Ogoniland. The main problems are: swift end through effective regulatory action, in conjunction with developmental and educational t clearance of coastal vegetation when setting initiatives, it has the capacity to cause further up an illegal artisanal refinery, leaving land serious damage to the ecosystem and livelihoods vulnerable to erosion of the coastal communities in Ogoniland and beyond. t contamination of soil and groundwater in the immediate vicinity The fact that these operations are ongoing and proliferating in full view of the enforcement t damage to surrounding vegetation from fire agencies is indicative, at best, of a lack of effective and smoke preventive measures and, at worst, of collusion.
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4.3 Geological observations 1.5 metres above sea level, while the northernmost point lies 20.6 metres above sea level. The geological profile of Ogoniland, including the depth and quality of groundwater, is a key factor when Three observations are evident from this profile: (i) assessing contaminated sites. Soil type and grain-size the shallow geology of Ogoniland is highly variable distribution are crucial to the mobility of crude oil with wide variations over short distances; (ii) the in soils and to the groundwater conditions that shallow formations range from gravelly sand to determine the spread of contamination plumes. clay and everything in between; and (iii) there is no continuous clay layer across Ogoniland. This Soil information itself is not surprising. No uniform layering can be assumed for Delta sediments, as For soil sampling, UNEP drilled some 780 boreholes erosion and deposition from the rivers’ side arms to depths of up to 5 metres, along with a further cause vertical and lateral discontinuities that provide 180 boreholes down to a maximum of 14 metres pathways for the migration of liquid hydrocarbons for groundwater monitoring. In addition, UNEP and contaminated groundwater. The diversity of had access to one deeper borehole of 50 metres, soil types and the extent of sedimentary layers on drilled by a local contractor. Based on the data from drilling sites showed little lateral correlation. approximately 960 boreholes, the soil properties in Ogoniland can be described reasonably well. Groundwater Figure 7 presents a number of logs of soil sectioned Of the 180 groundwater monitoring wells drilled from north to south in Ogoniland. The southernmost by UNEP in Ogoniland, a topographic survey was point lies on the edge of the creeks at an elevation of conducted for 142. The shallowest observed water
&IGURE 3OIL LOGS FROM ACROSS /GONILAND ALONG WITH GROUNDWATER DEPTHS
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&IGURE 3OIL LOGS FROM .SIOKEN !GBI /GALE %LEME ,'!
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level was 0.7 metres below ground level while the to the creeks, the water table lies close to surface. deepest was 14 metres below ground level. In intertidal areas in the mangrove zones, the groundwater level rises and falls with the tidal Figure 7 shows the profile of groundwater on a rhythm, while in the interior there are localized north-south cross section, in which the depth of swamps into which groundwater drains. The water the water table varies with the prevailing land table fluctuated seasonally in all wells, especially profile. The groundwater situation in Ogoniland those furthest from the coast. is typical of a delta environment. In areas close While investigating groundwater contamination at one site, UNEP came across a family drilling deeper boreholes to obtain clean water. Here, the opportunity was taken to obtain a deeper geological profile of the area (Figure 8). The geological profile indicated that there is indeed only one aquifer, which is being tapped by both shallow wells and deeper boreholes. As impermeable layers of clay are highly localized in Ogoniland, interconnectivity with underlying aquifers could not be excluded any of the sites investigated.
While no general flow direction was detected of groundwater in Ogoniland, the flow was typically UNEP technical assistant and Rivers State university directed towards the nearest creek or swamp students collecting groundwater samples (Figure 9).
&IGURE 6ARIABLE GROUNDWATER mOW DIRECTION IN /GONILAND BLUE ARROWS INDICATE mOW DIRECTION
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4.4 Contamination Two further sites were investigated in detail: an assessments artisanal refinery site and a ‘fly-tipping’ site (i.e. where waste of unknown origin was being disposed Soil and groundwater contamination of within Ogoniland). As discussed in Chapter 3, the study investigated The locations of the sites investigated are presented 69 different sites for contamination of soil and, in Map 11. All sites were investigated for hydro- where possible, groundwater. Samples of soil were carbon contamination in soil, while groundwater taken at multiple locations within each site, and was investigated where it was possible to reach the at each sampling location within a site, samples groundwater table. were taken at multiple depths. Groundwater samples were taken either from dedicated wells In the following section, findings from representative drilled for that purpose or from boreholes made sites in each of the above categories are presented to take soil samples. as case studies. The studies serve to illustrate the prevailing environmental situation in Ogoniland. The sites investigated fall into the following groups: For each of the sites, site-specific observations, t SPDC pipeline rights of way results and conclusions are given, along with site-specific recommendations. Information on SPDC legacy sites (e.g. abandoned facilities) t all other sites is then presented in tabular form. t Suspended SPDC facilities (e.g. wells, Taken together, this information provides an flow stations and manifolds never formally overview of the nature and extent of hydrocarbon abandoned) contamination in Ogoniland. t NNPC crude oil pipelines NNPC product lines To accompany this summary report, individual t reports for 67 of the sites investigated have been Table 16 provides a summary of the sites prepared. Each report contains site-specific investigated, categorized into the above groupings. information on soil profiles, soil and groundwater At a number of locations within Ogoniland, contamination, proximity to community and depth NNPC pipelines and SPDC pipelines share rights of penetration of hydrocarbon contamination, of way. In such instances these were classified as concluding with site-specific recommendations. SPDC pipelines, though it was not evident if the Together, the reports amount to more than 1,000 spill investigated originated from an SPDC or pages. They will be submitted to both SPDC and NNPC crude pipeline. the Government of Nigeria and will be available online to interested stakeholders. The supporting database, complete with the analytical data, will 4ABLE 3UMMARY OF SITES INVESTIGATED also be made publicly available. IN THE VARIOUS CATEGORIES The recommendations given in this report are Site classification Number meant to achieve immediate risk reduction. SPDC pipeline rights of way 34 However, prior to initiating comprehensive SDPC legacy sites 6 clean-up, consultation with the regulators, risk Suspended SPDC facilities 22 assessments and community consultations need NNPC crude oil pipelines 2 to be undertaken during the next phase of the NNPC product line 3 project.
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-AP ,OCATION OF SOIL INVESTIGATIONS SITE ALONG WITH GROUNDWATER SAMPLING ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO !
OBIO/AKPOR AYAMA "h"h ! AKPAJO "h"h ! "h "h "h "h OYIGBO
"h EBUBU ABAM "h ! ! "h "h"h"h"h "h"h TEKA-SOGHO "h "h "h ! "h "h TAI "h SIME JOR-SOGHO ! ELEME ! PORT "h KOROKORO"h"h"h"h "h "h"h!KPITE"h HARCOURT OGU "h"h ! ! "h "h"h "hKPORGHOR DEKEN ! ! "h OPUOKO GIO "h ! ! "h LUEGBO-BEERI "h ! WAKAMA "h ! "h GOKANA BORI KHANA OKRIKA BOLO ! ! BERA OGU/BOLO "h"h"h "h"h"h ! "h ZAAKPON "h"h"h ! BERE "h "h ! KAPNOR KIBANI ! "h ! "h "h "h "h "h"h"h "h IMO RIVER KAA BONNY ! OLOMA ! BONNY RIVER
ANDONI ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend IMO Umuahia r¬ DELTA Owerri ! (! ( LGA boundaries UNEP investigated contaminated land sites r¬ "h Soil and Water Samples taken NNPC Crude ABIA "h Soil Samples taken AKWA NNPC Refined product IBOM r¬ T SPDC Oil Pipe in operation RIVERS Port Harcourt (! BAYELSA Kilometres
0510 Sources: Administrative: SPDC, River State. Projection: UTM 32N Oil Facilities: SPDC Geomatic Dept. Datum: WGS84 UNEP 2011
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Case study 1 SPDC pipeline right of way – 001-001 Ejama-Ebubu, Eleme LGA
Site description. %JAMA %BUBU IS PROBABLY THE MOST INFAMOUS OF THE OIL SPILL LOCATIONS IN /GONILAND THE ORIGINAL SPILL OCCURRING HERE DURING THE "IAFRAN 7AR MORE THAN YEARS AGO 4HERE HAVE BEEN MULTIPLE SPILLS AND CLEAN UP ATTEMPTS SINCE 4HE %JAMA %BUBU SPILL SITE IS SITUATED IN THE %JAMA %BUBU COMMUNITY %LEME ,'! (ERE THE INCH 2UMUEKPE MANIFOLD TO "OMU MANIFOLD TRUNK LINE AND THE INCH 2UMUEKPE TO "OMU TRUNK LINE RUN PARALLEL FROM NORTH WEST TO SOUTH EAST 4HE INITIAL PIPELINE RIGHT OF WAY HAD A WIDTH OF METRES !FTER THE ORIGINAL SPILL AND THE ENSUING lRE AN AREA OF SQUARE METRES WAS SURROUNDED BY A CONCRETE BLOCK WALL TO THE EAST OF THE PIPELINE !LTHOUGH THE CONTAMINATED AREA HAS BEEN SECURED MUCH OF THE WALL HAS COLLAPSED AND WITH NO GUARDS PRESENT UNCONTROLLED ACCESS IS POSSIBLE AT ALL TIMES Land use. 0RIOR TO THE OIL INSTALLATION THE LAND APPEARS TO HAVE BEEN A COMBINATION OF AGRICULTURAL HOLDINGS AND SWAMPS 4HE NEAREST HOUSING AREAS ARE APPROXIMATELY METRES EAST OF THE SPILL POINT AND LESS THAN METRES NORTH OF THE COMPOUND WALL 4HE AREAS TO THE WEST AND SOUTH ARE CURRENTLY USED FOR PLANTATIONS OF CASSAVA Manihot esculenta AND OTHER CROPS 4HE SWAMP DRAINS INTO A LAGOON LINED BY TREES WITH THICK UNDERGROWTH TO THE WEST 4HE STREAM LEAVING THE LAGOON IS STILL USED BY COMMUNITY MEMBERS FOR WASHING SWIMMING AND OTHER PURPOSES Spill and remediation history. $URING THE "IAFRAN 7AR IN THE NOW ABANDONED 2UMUEKPE MANIFOLD TO "OMU MANIFOLD TRUNK LINE WAS DAMAGED #RUDE OIL SPILLED mOWED DOWNWARDS IN AN EASTERLY DIRECTION INTO A LAGOON APPROXIMATELY METRES EAST OF THE PIPELINE &ROM THE LAGOON THE OIL WASHED FURTHER INTO CREEKS LEADING TO CONTAMINATION OF DOWNSTREAM AREAS 0ART OF THE AREA CAUGHT lRE EVIDENCED BY CRUSTS OF ASH AND TAR OR BITUMEN OVER THE MAIN CONTAMINATED AREA
Community guide at Ejama-Ebubu, Eleme LGA
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4ABLE 3UMMARY OF RESULTS OF SOIL AND GROUNDWATER INVESTIGATIONS AT THE %JAMA %BUBU SITE UNEP site code qc_001-001 Site name Ejama-Ebubu LGA Eleme Site description SPDC pipeline right of way Total Investigated Area (m2) 169,712 Number of soil samples 92 Number of groundwater samples 15 Number of drinking water samples 2 Number of surface water samples 1 Deepest investigation (m) 6.00 Maximum soil TPH (mg/kg) 49,800 Number of soil measurements greater than EGASPIN intervention value 36 Deepest sample greater than EGASPIN intervention value (m) 6.00 Number of wells where free-phase hydrocarbon was observed 1 Maximum water TPH (μg/l) 485,000 Number of water measurements greater than EGASPIN intervention value 8 Presence of hydrocarbons in drinking water No Number of soil measurements below 1 metre 62 Number of soil measurements below 1 metre greater than EGASPIN intervention value 23 Total volume of soil above intervention value (m3) 105,302 Total volume of soil above target value (m3) 236,077
3$0# RECORDS SHOW THAT OTHER SPILLS TOOK PLACE IN AND IN .OVEMBER -ULTIPLE ATTEMPTS AT REMEDIATION HAVE TAKEN PLACE ! MOBILE THERMAL DESORPTION UNIT 4$5 WAS BROUGHT TO THE SITE BUT ACCORDING TO ANECDOTAL INFORMATION FROM THE COMMUNITY IT WAS NEVER USED )N A REMEDIATION CONTRACT WAS AWARDED AND SOME EXCAVATION TOOK PLACE "URNT AND HIGHLY CONTAMINATED SOIL WAS MOVED TO THE SIDES OF THE AREA AND DEPOSITED IN TWO LARGE PILES EACH OF APPROXIMATELY CUBIC METRES NEAR THE NORTHERN AND SOUTHERN WALLS OF THE SITE 4HE WORK WAS ABANDONED MIDWAY THROUGH THOUGH NO CONSISTENT EXPLANATION FOR THIS HAS BEEN FORTHCOMING FROM 30$# OR THE COMMUNITY !PART FROM THE MEASURES DESCRIBED NO SIGNIlCANT REMEDIATION ACTIVITIES HAVE BEEN UNDERTAKEN EVEN THOUGH THE SPILL IS NOW OVER FOUR DECADES OLD Visual observations on site. 0RELIMINARY SITE VISITS WERE CARRIED OUT BY 5.%0 IN LATE )N THE CENTRAL AND MORE HEAVILY CONTAMINATED AREAS LARGE LUMPS OF ASH AND TAR ARE STILL PRESENT )N OTHER PLACES THE SOIL IS CAKED INTO CRUSTS OF DRIED CRUDE OIL 4HE HEAVILY CONTAMINATED SOIL DEPOSITED AT OPPOSITE ENDS OF THE SITE ARE NOT COVERED ALLOWING RAINWATER TO INlLTRATE #ONTAMINANTS LEACHING FROM PILES OF SOIL FORM OILY SHEENS AND SLICKS ON POOLS OF WATER AND ON mOWING WATER WHICH EVENTUALLY ENDS UP IN THE LAGOON /N DRY DAYS THE SUN HEATS UP THE PILES OF CONTAMINATED SAND LIQUEFYING THE OILY AND ASPHALT COMPONENTS THUS REMOBILIZING THEM INTO THE UNDERLYING SOIL $URING THE RAINY SEASON THE WATER LEVEL OF THE LAGOON RISES BY MORE THAN METRE WASHING THE OILY RESIDUES FURTHER DOWNSTREAM 4HERE IS NO CONTROL OF SURFACE WATER RUNOFF SO THAT CONTAMINATED LEACHATE IS ABLE TO ENTER AND POLLUTE SURFACE WATERS LEAVING THE AREA Sample analysis. ! NUMBER OF SOIL AND GROUNDWATER SAMPLES WERE COLLECTED ! SUMMARY OF THE CONTAMINATION DETECTED IS PRESENTED IN 4ABLE 2ESULTS OF SOIL ANALYSES ARE PRESENTED IN -AP 7HERE A NUMBER OF SAMPLES WERE TAKEN AT A GIVEN LOCATION AT MULTIPLE DEPTHS THE WEIGHTED AVERAGE OF THE CONTAMINATION IS USED 4HE HIGHER VALUES ALONG THE NORTH WEST EDGE ARE FROM THE CONTAMINATED SOIL THAT WAS DUG AND PILED UP IN THAT AREA DURING AN EARLIER CLEAN UP ATTEMPT Conclusions. !LTHOUGH THE SPILL IS OVER YEARS OLD AND REPEATED CLEAN UP ATTEMPTS HAVE BEEN MADE CONTAMINATION IS STILL PRESENT AT THE SITE 4HE OBSERVED LEVELS OF CONTAMINATION ARE HIGHER THAN .IGERIAN 'OVERNMENT
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STANDARDS AND 30$#S SPECIlCATIONS .ATURAL ATTENUATION PROCESSES HAVE NOT REDUCED POLLUTION TO ACCEPTABLE LEVELS 4HERE ARE TWO POSSIBLE REASONS FOR THIS &IRSTLY THE AREA IS SO HEAVILY CONTAMINATED THAT BIOLOGICAL PROCESSES ALONE HAVE NOT BEEN ABLE TO BREAK DOWN THE HYDROCARBONS WITHOUT ACTIVE HUMAN INTERVENTION 3ECONDLY THE PRESENCE OF A SURFACE CRUST FROM BURNING ANDOR THE PILING UP OF THE MOST CONTAMINATED SPOILS HAVE PREVENTED BIODEGRADATION )N ADDITION TO SPREADING LATERALLY POLLUTION HAS SPREAD VERTICALLY CONTAMINATING MORE SOIL AND REACHING THE GROUNDWATER #ONSIDERING THE SIZE OF THE AREA THE QUANTITY OF POLLUTION REMAINING AND THE FACT THAT IT IS VERY CLOSE TO HUMAN HABITATION URGENT INTERVENTION IS WARRANTED WITH RESPECT TO REMEDIATION OF SOIL GROUNDWATER AND THE CREEKS -OREOVER GIVEN THE GRAVITY OF THE POLLUTION AND THE FACT THAT CONTAMINATION EXTENDS TO A GROUND DEPTH OF MORE THAN METRES THE STANDARD 30$# APPROACH OF in situ REMEDIATION BY ENHANCED NATURAL ATTENUATION 2%.! WILL NOT BE APPROPRIATE AT THIS LOCATION
Site-specific recommendations:
4HE IMPACTED AREA SHOULD BE DEMARCATED AND APPROPRIATE SIGNAGE ERECTED TO INDICATE THAT THE SITE IS HEAVILY POLLUTED SIMILAR SIGNAGE SHOULD BE PLACED IN AFFECTED SWAMPS AND CREEKS 7HERE COMMUNITY LAND IS IMPACTED INHABITANTS SHOULD BE INFORMED ! COMMUNITY BASED SECURITY AND SURVEILLANCE SYSTEM SHOULD BE PUT IN PLACE TO ENSURE COMPLIANCE WITH THE RESTRICTIONS INTRODUCED TO PROTECT PUBLIC HEALTH 4HE SITE SHOULD BE REWORKED TO PREVENT RUNOFF FROM THE AREA REACHING DOWNSTREAM SWAMPS 2UNOFF FROM THE AREA SHOULD BE MONITORED AND IF NECESSARY TREATED WHILE THE CLEAN UP INITIATIVE IS BEING DEVELOPED -ONITORING OF WELL WATER SHOULD BE INTRODUCED TO ACT AS EARLY WARNING FOR SURROUNDING COMMUNITIES NOT YET IMPACTED BY GROUNDWATER POLLUTION EMANATING FROM THE SITE 0RIOR TO SITE CLEAN UP ADDITIONAL SOIL SAMPLING ALONG WITH THE EXCAVATION OF TRIAL PITS SHOULD BE CARRIED OUT TO DELINEATE THE AREA REQUIRING TREATMENT ! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF THE CONTAMINATED SOIL AND II RISK REDUCTION AT THE SITE !DDITIONAL GUIDANCE ON CLEAN UP OF CONTAMINATED SOIL IS PROVIDED IN #HAPTER ! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF THE CONTAMINATED WATER AND II RISK REDUCTION IN THE COMMUNITY !DDITIONAL GUIDANCE ON CLEAN UP OF CONTAMINATED WATER IS PROVIDED IN #HAPTER $URING THE CLEAN UP EXCAVATION WATER SHOULD BE CAREFULLY MANAGED TO ENSURE THAT POLLUTANTS DO NOT ESCAPE INTO THE ENVIRONMENT
! SUMMARY TABLE OF CONTAMINATION AT OTHER SITES INVESTIGATED ALONG THE 30$# PIPELINE RIGHT OF WAY IS PRESENTED IN 4ABLE &ROM THE SUMMARY PRESENTED IN THE TABLE THE FOLLOWING KEY OBSERVATIONS CAN BE MADE !T OF THE INVESTIGATED SITES ALONG 30$# PIPELINE RIGHTS OF WAY SOIL CONTAMINATION EXCEEDED THE LIMITS SET BY .IGERIAN NATIONAL LEGISLATION !T OF THESE LOCATIONS CONTAMINATION EXTENDED DEEPER THAN METRE IE BELOW THE AREA REACHED BY 2%.! TREATMENT !T OF THE SITES GROUNDWATER POLLUTION EXCEEDED THE INTERVENTION VALUES SET IN .IGERIAN LEGISLATION %'!30). !T lVE OF THE INVESTIGATED SITES HYDROCARBONS WERE DETECTED IN THE DRINKING WATER USED BY NEIGHBOURING COMMUNITIES $ETAILED RESULTS FROM THE INVESTIGATION AT THESE SITES INCLUDING SPILL HISTORY CONTAMINATION CONTOURS AND PRESENCE OF SENSITIVE RECEPTORS ALONG WITH SITE SPECIlC RECOMMENDATIONS ARE PRESENTED IN THE SITE FACT SHEET AVAILABLE ONLINE
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-AP #ONTAMINATION VALUES FOR 4OTAL 0ETROLEUM (YDROCARBONS AT %BUBU %JAMA SITE %LEME ,'! OYIGBO ° ELEME TA I
KHANA OGU/ BOLO GOKANA
BONNY ANDONI
28" EBUBU-003 RU
MUEKPE TO BOM
6 ") 2057 550 ") ")
U 2092 TRUNK ")
31900 LINE 20200 8947 17782 2 ") ") ") 6 ") 97 ") ") 19333 ") ")9245 2833 10500 37625 13800 ") ") 1090 1550 ") 14113 ") 5319 11858 4590 ") ") 13540 ") 415 ") 3 ") 2 ")
128 983") 8305 23 ") ") ") 1102 ") 25508 387 ") ")
Metres Oil Facilities Contamination contours (mg/kg) 0125250 SPDC Right of way (ROW) > 5 000 W Wells 50 - 5 000 < 50 Projection: WGS 84 ") Manifold UTM Zone 32 N
*# FlowStation Soil samples ") Soil samples Pipeline ") NNPC Crude Grassplot centroid
NNPC Refined product Grassplot sampling area Investigated area T SPDC Oil Pipe in operation Groundwater flow direction UNEP 2011
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4ABLE 3UMMARY OF CONTAMINATION OF INVESTIGATED SITES ALONG 30$# PIPELINE RIGHTS OF WAY UNEP site LGA Number Number of Deepest soil Maximum Number of soil Deepest soil Maximum water Hydrocarbons Number of water Number of samples code of soil groundwater investigation soil TPH measurements sample TPH (ug/l) in community TPH measurements with TPH samples samples (m) (mg/kg) >EGASPIN >EGASPIN (m) (CL samples) wells >EGASPIN >EGASPIN below 1 m qc_013-002 Tai 48 10 5 9,200 7 5 1760000 5 6 qc_012-001 Eleme 132 10 5 36,900 17 5 133000 5 14 qc_009-006 Tai 62 2 5 12,300 4 3 162000 1 3 qc_009-003 Tai 1 1 8.5 645 53.1 yes qc_005-009 Tai 68 5 6.5 2,930 26900 yes 2 qc_003-005 Obio/Akpor 13 1 5 629 9540 1 qc_002-002 Eleme 43 4 3.8 4,220 16500 4 qc_019-045 Bonny 11 3 3.4 1,400 277000 1 qc_019-044 Gokana 30 4 5 9,990 1 2 109000 3 1 qc_019-020 Gokana 70 7 5 52,200 18 5 29600 yes 7 13 qc_019-002 Gokana 27 5 5 34,500 10 4 32000 2 7 qc_019-001 Gokana 18 8 2.5 10,400 1 2.5 116000 6 1 qc_010-009 Tai 9 1 2 5,620 1 1.2 1 qc_010-004 Tai 38 8 5 36,200 4 4 543 2 qc_009-010 Tai 274 4 5 34,100 63 5 1140000 3 48 qc_005-002 Eleme 42 7 11.8 8,580 11 3.08 2740000 3 9 qc_004-004 Eleme 6 1 2.58 3,740 qc_003-002 Eleme 23 3 13,400 3 3 91.7 2 qc_003-001 Obio/Akpor 77 13 8 3,680 427 qc_002-004 Eleme 4 3 2.32 126 11600 1 qc_002-003 Eleme 7 2 9 15,300 1 25100 1 qc_008-008 Tai 45 4 5 567 10 qc_009-004 Tai 125 5 5 23,100 51 5 74700 2 45 qc_019-006 Gokana 46 5 2,640 10 qc_010-005 Gokana 18 5.2 10,500 5 4.6 4 qc_010-001 Tai 58 5 10 6,210 3 5 130000 2 2 qc_019-009 Gokana 27 5 43,600 10 5 15 yes 7 qc_019-007 Gokana 4 5.1 14,600 4 5.1 43900 2 4 qc_004-001 Eleme 151 16 5.2 7,570 2 2.6 1720000 9 2 qc_002-009 Eleme 7 2 7,370 1 0.5 qc_002-007 Eleme 16 3 5,810 1 qc_002-006 Eleme 46 5.2 11,100 5 4 4 qc_001-009 Eleme 51 4 5 841 12 yes
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Case study 2 SPDC suspended facilities – Bomu Manifold, K-Dere, Gokana LGA
Site description. 4HE "OMU MANIFOLD IS SITUATED TO THE EAST OF + $ERE AND +POR IN 'OKANA ,'! )T CONNECTS lVE NORTHBOUND PIPELINES INCH 2UMUEKPE TO "OMU TRUNK LINE INCH 2UMUEKPE MANIFOLD TO "OMU MANIFOLD TRUNK LINE INCH .KPOKU TO "OMU TRUNK LINE INCH %GBERU MANIFOLD TO "OMU TRUNK LINE INCH 2UMUEKPE TO .KPOKU TRUNK LINE TO FOUR SOUTHBOUND PIPELINES DISUSED INCH 9ORLA TO "OMU TRUNK LINE INCH "OMU mOW STATION TO "OMU TIE IN MANIFOLD DELIVERY LINE INCH "OMU TO "ONNY TRUNK LINE INCH "OMU TO "ONNY TRUNK LINE 4HE MANIFOLD COVERS AN AREA OF SQUARE METRES )T IS SURROUNDED BY A METRE HIGH WIRE MESH FENCE WITH TWO SEPARATE GATES BOTH OF WHICH ARE WIDE ENOUGH TO PROVIDE ACCESS FOR HEAVY MACHINERY 4HE SITE IS CURRENTLY GUARDED BY 30$# STAFF AND ARMED ARMY PERSONNEL !CCESS IS POSSIBLE ONLY WITH A PERMIT ISSUED BY 30$# -OST OF THE PIPES AND MANIFOLD INFRASTRUCTURE ARE ABOVE GROUND /UTSIDE THE MANIFOLD AREA PIPES RUN BELOW GROUND 4HE AREA INSIDE THE FENCE IS VISIBLY HEAVILY POLLUTED WITH CRUDE OIL WHICH IS SEEPING THROUGH THE FENCE AND CONTAMINATING SEVERAL THOUSAND SQUARE METRES OF SOIL OUTSIDE THE COMPLEX 4HERE IS NO TRENCH OR PERIMETER DRAIN SYSTEM AROUND THE MANIFOLD Land use. 4HE NEAREST INHABITED HOUSES ARE APPROXIMATELY METRES TO THE WEST IN + $ERE ! PRIMARY SCHOOL AND A LOCAL COMMUNITY HEALTH CARE CENTRE ARE LOCATED SOME METRES TO THE NORTH WEST OF THE MANIFOLD AND AN ABANDONED HOUSE LIES ABOUT METRES TO THE SOUTH 4HE AREA IMMEDIATELY BORDERING THE MANIFOLD TO THE NORTH AND EAST IS COVERED BY A CASSAVA PLANTATION .O GRAZING ANIMALS WERE OBSERVED ON THE SITE !N OLD mOW STATION REPORTEDLY DAMAGED DURING THE "IAFRAN 7AR AND LATER DECOMMISSIONED IS LOCATED METRES TO THE EAST WHILE A
Arial view of the Bomu manifold (K-Dere, Gokana LGA)
3 The fence was mended and security provided after the initial UNEP site visit.
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NEWER mOW STATION ALSO INOPERATIVE BUT ONLY PARTLY DECOMMISSIONED LIES METRES TO THE WEST 4HE "OMU AND "OMU WELLHEADS ARE SITUATED METRES TO THE NORTH WEST AND METRES TO THE SOUTH WEST RESPECTIVELY Spill history. !T THE TIME OF THE SAMPLING VISITS IN !UGUST AND $ECEMBER HALF OF THE INFRASTRUCTURE WAS SCORCHED AND INOPERATIVE ,OCAL COMMUNITY MEMBERS REPORTED THAT A lRE HAD OCCURRED IN !PRIL FOLLOWING AN OIL SPILL ON THE 4RANS .IGER 0IPELINE WHICH TRANSPORTS BARRELS PER DAY THROUGH /GONILAND )NFORMATION ABOUT THE AMOUNT OF OIL SPILLED THE DURATION OF THE LEAKAGE AND THE DURATION OF THE lRE WERE NOT AVAILABLE LOCAL COMMUNITY MEMBERS MENTIONED THAT THE lRE LASTED hSEVERAL DAYSv 7ORKERS ON THE MANIFOLD STATED THAT SINCE THE lRE ONLY ONE OF THE TWO PIPELINES LEADING INTO AND OUT OF THE MANIFOLD WAS OPERATING /THER SPILLS IN THE MANIFOLD OCCURRED IN /CTOBER TWICE &EBRUARY AND -ARCH AND *ANUARY AND /CTOBER !CCORDING TO 30$# INFORMATION TWO REMEDIATION PROJECTS HAVE BEEN COMPLETED IN THE "OMU MANIFOLD AREA IN THE PAST WHILE FOR THE LATEST SPILL A TWO TIER ASSESSMENT AND CONTRACTING PROCESS WERE UNDER WAY Visual observations on site. -OST OF THE MANIFOLD AREA INSIDE THE FENCE IS COVERED IN OILY RESIDUES SOOT AND ASH /IL IS SEEPING FROM THE CONCRETE SEAL THROUGH THE FENCE INTO THE SURROUNDING AREA 4HE EXTENT OF THE CONTAMINATION COVERS THE MANIFOLD AREA ITSELF AND AN ADDITIONAL SQUARE METRES OF LAND OUTSIDE THE MANIFOLD /F THIS SOME SQUARE METRES ARE HEAVILY POLLUTED THE CONCENTRATION OF OIL ON THE SURFACE BEING ABOVE SATURATION RESULTING IN AN OILY SHEEN ON POOLS OF STANDING WATER AND A STRONG OILY SMELL 3OME OF THE STILL OPERATIONAL PIPES ARE LEAKING AND THE OIL COLLECTED FROM THEM IS STORED IN AN OPEN CONTAINER WITH A VOLUME OF APPROXIMATELY CUBIC METRES ! SMALL TRENCH LEADING SOUTH FROM THE MANIFOLD IS HEAVILY CONTAMINATED WITH OIL )T LEADS INTO A SMALL COLLECTION POND COVERING AN AREA OF APPROXIMATELY SQUARE METRES ADJACENT TO THE ABANDONED HOUSE SOUTH OF THE MANIFOLD BEFORE CONTINUING TO CONNECT WITH A SMALL CREEK THAT mOWS SOUTH TOWARDS "ODO .EXT TO THE ABANDONED HOUSE THE SAMPLING TEAM FOUND AN OPEN HAND DUG WELL IN WHICH THE GROUNDWATER WAS APPROXIMATELY METRE BELOW SURFACE LEVEL THE SAME LEVEL AS GROUNDWATER FOUND IN THE MONITORING WELLS ON THE SITE )N THE CASSAVA PLANTATION TO THE EAST THE PLANTS APPEAR TO BE SOMEWHAT INHIBITED IN THEIR GROWTH AND OVERALL HEALTH Sample analysis. ! SUMMARY OF THE SOIL AND GROUNDWATER INVESTIGATIONS IS PRESENTED IN 4ABLE 4HE HIGHEST SOIL CONTAMINATIONS AT MGKG 40( WERE FOUND IN THE TOP METRES OF A BOREHOLE IN THE MOST HEAVILY CONTAMINATED AREA DIRECTLY BORDERING THE SOUTHERNMOST PART OF THE MANIFOLD 3/) " 4HIS IS EXTREMELY HIGH AND IS FAR ABOVE THE %'!30). INTERVENTION VALUE OF MGKG #ONTAMINATION GRADUALLY DECREASED WITH DEPTH UNTIL AT METRES BELOW GROUND SURFACE BGS CONCENTRATIONS FELL BELOW MGKG &IGURE Conclusions. 7HILE THE SITE IS CURRENTLY FENCED ENVIRONMENTAL CONTAMINATION IS MIGRATING BOTH LATERALLY AND VERTICALLY 4HE MEASURED HYDROCARBON VALUES SIGNIlCANTLY EXCEED THE %'!30). INTERVENTION VALUES FOR BOTH SOIL AND GROUNDWATER AND THEREFORE INTERVENTION AND RISK REDUCTION MEASURES ARE NEEDED FOR BOTH ! SMALL PORTION OF CRUDE OIL HAS GATHERED IN A COLLECTION POND WITH RUNOFF SEEPING FROM THE SITE VIA A TRENCH LEADING SOUTHWARDS INTO THE CREEKS 4HE TRENCH IS HEAVILY CONTAMINATED AND WILL NEED TO BE EXCAVATED AND CLEANED UP &REE PHASE OIL AND CONTAMINATED SOIL SHOULD HAVE BEEN REMOVED IN THE DAYS IMMEDIATELY AFTER THE SPILL AND lRE AS THIS WOULD HAVE PREVENTED THE LATERAL AND VERTICAL SPREAD OF THE POLLUTION .EARLY TWO YEARS AFTER THE INCIDENT STILL NOTHING APPEARS TO HAVE BEEN DONE ENABLING THE CONTAMINATION TO SPREAD FURTHER THEREBY INCREASING THE EXTENT AND COST OF THE REMEDIATION EFFORT 4HERE ARE DElNITE SIGNS OF CRUDE OIL RELATED GROUNDWATER CONTAMINATION IN THE WHOLE MANIFOLD AREA #ONTINUED EMISSION OF PETROLEUM RELATED CONTAMINANTS NEEDS TO BE HALTED IMMEDIATELY TO REDUCE RISKS TO THE SURROUNDING COMMUNITIES 3INCE THERE IS NO SYSTEMATIC DRAINAGE COLLECTION SYSTEM IN PLACE AROUND THE MANIFOLD CRUDE OIL IS BEING WASHED OFF INTO THE SURROUNDING lELDS !T THE TIME OF 5.%0S lELD VISITS FRESH CRUDE OIL WAS FOUND IN A TRENCH LEADING SOUTHWARDS $URING THE RAINY SEASON IN PARTICULAR RUNOFF FROM THE MANIFOLD IS CONTAMINATING SURROUNDING AREAS #ONSIDERING THE SERIOUSNESS OF THE POLLUTION AND THE FACT THAT CONTAMINANTS HAVE PENETRATED TO A DEPTH OF METRES OR MORE BELOW GROUND SURFACE THE STANDARD 30$# APPROACH OF in situ 2%.! WILL NOT BE APPROPRIATE AT THIS LOCATION
116 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 4 CONTAMINATED SOIL & GROUNDWATER
4ABLE 3UMMARY OF RESULTS OF SOIL AND GROUNDWATER INVESTIGATIONS AT THE "OMU -ANIFOLD SITE 'OKANA ,'! UNEP site code qc_019-005 Site name Bomo Manifold LGA Gokana Site description SPDC operating site Area Investigated (m2) 37,988 Number of soil samples 56 Number of groundwater samples 5 Deepest investigation (m) 5.00 Maximum soil TPH (mg/kg) 63,600 Number of soil measurements greater than EGASPIN intervention value 21 Deepest sample greater than EGASPIN intervention value (m) 5.00 Maximum water TPH (μg/l) 3,410 Number of water measurements greater than EGASPIN intervention value 1 Presence of hydrocarbons in surface water yes Number of soil measurements below 1 m 38 Number of soil measurements below 1 m greater than EGASPIN intervention value 17 Total volume of soil above intervention value (m3) 38,257 Total volume of soil above target value (m3) 62,775
Site-specific recommendations: &IGURE 6ERTICAL PROlLE OF CONTAMINATION AT 3/) " 4HE IMPACTED AREA SHOULD BE DEMARCATED AND APPROPRIATE SIGNAGE ERECTED TO INDICATE THAT THE SITE IS HEAVILY POLLUTED SIMILAR SIGNAGE SHOULD BE PLACED IN THE IMPACTED DRAINS 7HERE COMMUNITY LAND IS IMPACTED INHABITANTS SHOULD BE INFORMED 4HE SITE SHOULD BE REWORKED TO PREVENT RUNOFF FROM THE AREA INTO DOWNSTREAM AREAS 2UNOFF SHOULD BE MONITORED AND IF NECESSARY TREATED WHILE THE CLEAN UP PLAN IS BEING DEVELOPED -ONITORING OF WELL WATER SHOULD BE INTRODUCED TO PROVIDE AN EARLY WARNING MECHANISM FOR SURROUNDING COMMUNITIES NOT YET IMPACTED BY GROUNDWATER POLLUTION EMANATING FROM THE SITE 0RIOR TO SITE CLEAN UP ADDITIONAL SOIL SAMPLING ALONG WITH EXCAVATION OF TRIAL PITS SHOULD BE CARRIED OUT TO DELINEATE THE AREA REQUIRING TREATMENT ! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF THE CONTAMINATED SOIL AND II RISK REDUCTION AT THE SITE !DDITIONAL GUIDANCE ON CLEAN UP OF CONTAMINATED SOIL IS PROVIDED IN #HAPTER ! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF CONTAMINATED WATER AND II RISK REDUCTION AT THE SITE !DDITIONAL GUIDANCE ON CLEAN UP OF CONTAMINATED WATER IS PROVIDED IN #HAPTER $URING THE CLEAN UP EXCAVATION WATER SHOULD BE CAREFULLY MANAGED TO ENSURE THAT POLLUTANTS DO NOT ESCAPE INTO THE ENVIRONMENT
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 117 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
4ABLE 3UMMARY OF CONTAMINATION OF INVESTIGATED 30$# SUSPENDED FACILITIES UNEP site LGA Number Number of Deepest soil Maximum Number of soil Deepest soil Maximum water Hydrocarbons Number of water Number of samples code of soil groundwater investigation soil TPH measurements sample TPH (ug/l) in community TPH measurements with TPH samples samples (m) (mg/kg) >EGASPIN >EGASPIN (m) (CL samples) wells >EGASPIN >EGASPIN below 1 m qc_019-014 Gokana 16 2 3.2 389 11,500 yes 2 qc_019-021 Gokana 26 5 7,620 2 3 2 qc_009-002 Tai 44 2 5 1,040 10,900 1 qc_008-002 Tai 58 2 5 1,880 42,800 yes 1 qc_007-001 Eleme 58 3 6 442 10 qc_019-035 Gokana 16 1 2.6 3,480 10,300 yes 1 qc_019-032 Gokana 21 2 2.2 1,220 49 qc_019-010 Gokana 32 5 5.2 139,000 5 2 172,000 5 1 qc_019-004 Gokana 18 1 5 23,200 8 2.6 32 4 qc_015-003 Khana 36 3 8,830 1 1.5 10 1 qc_015-002 Khana 45 2 5 20,400 3 3.5 288 3 qc_015-001 Khana 42 2 3.5 8,200 5 3 358,000 1 2 qc_014-004 Khana 18 3 2.6 198 519 qc_014-001 Khana 24 2 2.6 157 2,140 1 qc_008-007 Tai 75 1 7.4 11,200 25 5.6 22 qc_008-004 Tai 72 2 5 4,860 47 qc_008-003 Tai 127 2 5.2 10,800 9 5 22,600 2 9 qc_001-002 Eleme 25 4 3 10,400 6 3 1,980 yes 3 3 qc_001-004 Eleme 8 4 6.5 533 13,200 2 qc_008-010 Tai 60 3 5 6,700 5 5 360 5 qc_008-009 Tai 53 2 5 4,030 1,180,000 1
! SUMMARY OF CONTAMINATION AT OTHER 30$# SUSPENDED FACILITIES INVESTIGATED BY 5.%0 IS PRESENTED IN 4ABLE &ROM THE SUMMARY PRESENTED IN THE TABLE THE FOLLOWING KEY OBSERVATIONS CAN BE MADE !T OF THE 5.%0 INVESTIGATED SITES ALONG 30$# SUSPENDED FACILITIES SOIL CONTAMINATION EXCEEDED THE LIMITS SET BY .IGERIAN NATIONAL LEGISLATION !T ALL OF THESE LOCATIONS CONTAMINATION PENETRATED DEEPER THAN METRE BELOW THE SURFACE IE BELOW THE AREA TARGETED BY 2%.! !T OF THE SITES GROUNDWATER POLLUTION EXCEEDED THE INTERVENTION VALUE SET IN .IGERIAN LEGISLATION !T FOUR OF THE INVESTIGATED SITES HYDROCARBONS WERE DETECTED IN DRINKING WATER USED BY NEIGHBOURING COMMUNITIES
118 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 4 CONTAMINATED SOIL & GROUNDWATER
Case study 3 SPDC legacy site – 008-010 Korokoro flow station
Site description. +OROKORO mOW STATION IS SITUATED IN "UE -ENE COMMUNITY +OROKORO LESS THAN METRES FROM THE NEAREST INHABITED HOUSES LESS THAN METRES FROM A SCHOOL AND WITHIN METRES OF A lSH FARM 4HERE ARE TWO WELLHEADS +OROKORO AND +OROKORO IMMEDIATELY ADJACENT TO THE mOW STATION WHICH IS SURROUNDED BY A MOSTLY DAMAGED FENCE !CCESS CONTROL IS NON EXISTENT SUCH THAT BOTH WELLHEADS ARE UNSECURED AND EASILY ACCESSIBLE Land use. 4HE mOW STATION COVERS APPROXIMATELY SQUARE METRES 0ARTS OF THE SITE ARE USED FOR CASSAVA PLANTATIONS !PPROXIMATELY PER CENT OF THE SURROUNDING NEIGHBOURHOOD CONSISTS OF HOUSING WITH FRUIT AND VEGETABLE GARDENS 4HE REST OF THE SURROUNDING AREA IS COVERED BY ABOUT SQUARE METRES OF BUSH AND FOREST AS WELL AS PLANTATIONS OF CASSAVA AND OTHER CROPS Spill history. &IVE OIL SPILLS AT THE mOW STATION WERE RECORDED BY 30$# IN *ULY IN !UGUST 3EPTEMBER AND $ECEMBER AND IN *ANUARY .O SPILLS WERE REPORTED AT THE WELLHEADS Visual observations on site. 4HE AREA OF THE mOW STATION IS OVERGROWN WITH SMALL TREES SHRUBS AND UNDERGROWTH 4HE INFRASTRUCTURE INCLUDING GAS LIQUID SEPARATORS AND OIL WATER SEPARATORS IS STILL IN PLACE !LL TECHNICAL INSTALLATIONS APPEAR NOT TO HAVE BEEN CLEANED BEFORE THE STATION WAS SHUT DOWN /UTSIDE THE mOW STATION APPROXIMATELY METRES TO THE EAST A RECTANGULAR DEPRESSION OF SOME SQUARE METRES INDICATES THE AREA FORMERLY USED FOR GAS mARING 3UPERlCIAL SOIL CONTAMINATION COULD BE SEEN HERE AS WELL AS IN THE CASSAVA PLANTATION ABOUT METRES TO THE NORTH EAST WHERE THREE OF THE SPILL INCIDENTS WERE REPORTED Sample analysis. ! SUMMARY OF THE SOIL AND GROUNDWATER INVESTIGATIONS IS PRESENTED IN 4ABLE 4HE SOIL CONTAMINATION DATA ARE PRESENTED IN CONTOUR FORM IN -AP )NVESTIGATION OF THE SOIL AND GROUNDWATER SHOWED EVIDENCE OF SIGNIlCANT SOIL CONTAMINATION IN THE mOW STATION AREA WITH THE WELLHEAD AREAS ALSO CONTAMINATED BY 40( 3OIL 40( CONCENTRATIONS REACHED A MAXIMUM OF MGKG IN THE TOPSOIL WITH CONCENTRATIONS OF MGKG FOUND AT METRES DEPTH IN THE CENTRE OF THE CONTAMINATED AREA WHERE THREE OF THE SPILLS WERE REPORTED SAMPLING FROM TWO BOREHOLES DEMONSTRATES HOW VARIABLY CONTAMINATION IS DISTRIBUTED IN THE SOIL IN THIS AREA 4ABLE "OREHOLE " WAS DRILLED IN AN AREA WHERE OIL HAD SPILLED ONTO THE GROUND AND SEEPED DOWN TO THE MAXIMUM SAMPLING DEPTH OF METRES AT WHICH DEPTH THE CONCENTRATION OF 40( WAS MGKG "OREHOLE " DRILLED METRES AWAY FROM " SHOWED NO DETECTABLE CONTAMINATION DOWN TO METRE DEEP "ELOW ONE METRE 40( CONTAMINATION REACHED MGKG SLOWLY DECREASING TO MGKG AT A DEPTH OF METRES 4HE HIGH LEVEL OF 40( AT METRES SHOWS NOT ONLY THAT THE UPPER SOIL PROlLE DOES NOT RETAIN CONTAMINATION THUS FACILITATING VERTICAL MIGRATION BUT ALSO THAT CRUDE OIL IS ABLE TO REACH GREATER DEPTHS 3AMPLE " THUS DEMONSTRATES HOW DECEPTIVE UNCONTAMINATED SURFACE SOIL CAN BE IN RELATION TO CONTAMINATION AT GREATER DEPTHS
4ABLE 3UMMARY OF RESULTS OF SOIL AND GROUNDWATER INVESTIGATIONS AT THE +OROKORO mOW STATION 4AI ,'! UNEP site code qc_008-001 Site name Korokoro flow station LGA Tai Site description SPDC legacy site Investigated area (m2) 41,052 Number of soil samples 204 Number of groundwater samples 4 Number of drinking water samples 4 Deepest investigation (m) 5.20 Maximum soil TPH (mg/kg) 14,200 Number of soil measurements greater than EGASPIN intervention value 13 Deepest sample greater than EGASPIN intervention value (m) 5.00 Maximum water TPH (μg/l) 769 Number of water measurements greater than EGASPIN intervention value 2 Presence of hydrocarbons in drinking water no Number of soil measurements below 1 m 171 Number of soil measurements below 1 m greater than EGASPIN intervention value 12 Total volume of soil above intervention value (m3) 3,390 Total volume of soil above target value (m3) 48,501
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 119 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
-AP #ONTAMINATION CONTOURS AT +OROKORO 7ELL 4AI ,'! OYIGBO ° ELEME 88 TA I ") 38 KHANA OGU/ ") 31 BOLO GOKANA ") 60 BONNY ") ANDONI
111 555 ") ") 185 ") 1354 ") 2684 ") 43 ") 382 ") ery line(DISUSED) 2500 68 ") ") 21 1132 4281 ") ") 50 ") 2287 29 ") ") ") 6825 ") 6280 41 ") ") S to Betem MF Deliv 60 316 ") 356 ") KOROKORO-008 0 ") 120 253 39 ") ") ") 153 ") 664 28 3440 29 14 ") 6" Korokoro/Tai F ") ") 56 120 64 4770 ") ") 48 ") ") ") KOROKORO 27 24 50 ") ") ") 83 ")
60,700001 40 175 ") ") 246 429 ") ")
97 ") 76 ")
2960 ")
Metres Oil Facilities Contamination contours (mg/kg) 06012 SPDC Right of way (ROW) > 5 000 W Wells 50 - 5 000 < 50 Projection: WGS 84 ") Manifold UTM Zone 32 N
*# FlowStation Soil samples ") Soil samples Pipeline ") NNPC Crude Grassplot centroid
NNPC Refined product Grassplot sampling area Investigated area T SPDC Oil Pipe in operation Groundwater flow direction UNEP 2011
120 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 4 CONTAMINATED SOIL & GROUNDWATER
'IVEN HUMAN SMELL DETECTION LEVELS FOR PETROLEUM 4ABLE 6ERTICAL 0ROlLING OF 40( HYDROCARBONS OF BETWEEN AND MGKG THE CONCENTRATIONS IN +OROKORO AVERAGE HUMAN BEING WOULD PROBABLY NOT NOTICE THE mOW STATION 4AI ,'! CONTAMINATION IN THE TOP METRE OF SOIL AROUND THE Soil sampling Depth interval TPH " SAMPLING LOCATION borehole (m) (mg/kg) General conclusions. #ONSIDERING THAT THE OIL 0.0-0.4 14,200 SPILLS TOOK PLACE BETWEEN AND NATURAL 0.4-1.4 6,810 ATTENUATION OR BIODEGRADATION OF CONTAMINANTS 008-010 B180 1.4-2.6 6,020 HAS NOT PROVEN EFFECTIVE IN REDUCING CONTAMINANT 2.6-4.0 5,630 CONCENTRATIONS TO SAFE LEVELS IN THE AFFECTED AREA 2EMEDIATION OF THE WHOLE AREA IS ADVISABLE BUT 4.0-5.0 6,530 THIS HAS APPARENTLY NEVER BEEN CARRIED OUT EVEN 0.0-0.7 433 THOUGH PIPELINE RIGHTS OF WAY ON THE SITE ARE CURRENTLY 0.7-1.0 285 BEING USED FOR AGRICULTURAL PURPOSES 3UPERFICIAL 1.0-2.0 13,500 DECONTAMINATION BY ENHANCED NATURAL ATTENUATION 008-010 B600 n SO FAR THE ONLY REMEDIATION METHOD OBSERVED BY 2.0-3.0 6,460 5.%0 IN /GONILAND n WILL NOT SOLVE THE ENVIRONMENTAL 3.0-4.0 5,620 PROBLEMS AT THIS SITE #ONTAMINATION REACHES TO A 4.0-5.0 5,430 DEPTH OF AT LEAST METRES BELOW GROUND SURFACE AND AREAS THAT ARE APPARENTLY UNCONTAMINATED AT THE SURFACE MAY BE HIGHLY CONTAMINATED UNDERGROUND Site-specific recommendations:
4HE IMPACTED AREA SHOULD BE DEMARCATED AND APPROPRIATE SIGNAGE ERECTED TO INDICATE THAT THE SITE IS HEAVILY POLLUTED 4HE SITE SHOULD BE REWORKED TO PREVENT WATER FROM POOLING AND INlLTRATING DOWNWARDS CARRYING OIL WITH IT -ONITORING OF WELL WATER SHOULD BE INTRODUCED TO PROVIDE AN EARLY WARNING FOR SURROUNDING COMMUNITIES NOT YET IMPACTED BY GROUNDWATER POLLUTION EMANATING FROM THE SITE 4HE mOW STATION SHOULD BE DECOMMISSIONED FOLLOWING INDUSTRY BEST PRACTICE 0RIOR TO SITE CLEAN UP ADDITIONAL SOIL SAMPLING ALONG WITH EXCAVATION OF TRIAL PITS SHOULD BE CARRIED OUT TO DELINEATE THE AREA TO BE TREATED ! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF THE CONTAMINATED SOIL AND II RISK REDUCTION AT THE SITE !DDITIONAL GUIDANCE ON CONTAMINATED SOIL CLEAN UP IS PROVIDED IN #HAPTER ! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF THE CONTAMINATED WATER AND II RISK REDUCTION AT THE SITE !DDITIONAL GUIDANCE ON CONTAMINATED SOIL CLEAN UP IS PROVIDED IN #HAPTER $URING THE CLEAN UP EXCAVATION WATER SHOULD BE CAREFULLY MANAGED TO ENSURE THAT POLLUTANTS DO NOT ESCAPE INTO THE ENVIRONMENT ! SUMMARY OF CONTAMINATION IN THE 30$# LEGACY SITES INVESTIGATED BY 5.%0 IS PRESENTED IN 4ABLE &ROM THE SUMMARY PRESENTED IN THE TABLE THE FOLLOWING KEY OBSERVATIONS CAN BE MADE !T FOUR OF THE lVE 30$# LEGACY SITES INVESTIGATED BY 5.%0 SOIL CONTAMINATION EXCEEDS THE LIMITS SET IN .IGERIAN NATIONAL LEGISLATION !T THREE OF THESE LOCATIONS CONTAMINATION HAS PENETRATED MORE THAN METRE BELOW THE GROUND SURFACE IE BELOW THE AREA TARGETED FOR TREATMENT BY 30$# !T FOUR OF THE lVE SITES GROUNDWATER POLLUTION EXCEEDED THE INTERVENTION VALUES SET IN .IGERIAN LEGISLATION
4ABLE 3UMMARY OF CONTAMINATION OF INVESTIGATED 30$# LEGACY SITES UNEP site LGA Number Number of Deepest soil Maximum Number of soil Deepest soil Maximum water Hydrocarbons Number of water Number of samples code of soil groundwater investigation soil TPH measurements sample TPH (ug/l) in community TPH measurements with TPH samples samples (m) (mg/kg) >EGASPIN >EGASPIN (m) (CL samples) wells >EGASPIN >EGASPIN below 1 m qc_016-001 Khana 85 13 5.2 8,820 2 0.4 77,000 3 qc_019-033 Gokana 6 2 331 10 qc_009-001 Tai 21 6 3 9,030 2 2 213,000 4 1 qc_005-001 Eleme 35 3 9 9,220 6 3 3,590 2 6 qc_019-012 Gokana 49 3 5 29,600 11 5 588,000 4 11
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 121 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
Case study 4 NNPC trunk line spill – 019-013 1990 pipeline leak in K-Dere
Site description. !PPROXIMATELY KM WEST OF + $ERE IN 'OKANA ,'! THE INCH ..0# "ONNY TO 0ORT (ARCOURT 2ElNERY TRUNK LINE RUNS IN A NORTH SOUTH DIRECTION TRANSPORTING CRUDE OIL FROM "ONNY 4ERMINAL TO THE 0ORT (ARCOURT 2ElNERY 4HE PIPELINE RIGHT OF WAY IS NEITHER SECURED NOR GUARDED AND IS EASILY ACCESSIBLE VIA A METRE DIRT TRACK OFF THE MAIN TARMAC ROAD LEADING OUT OF + $ERE TO THE WEST Land use. 4O THE WEST OF THE SPILL SITE IS A FOREST AREA OF APPROXIMATELY SQUARE METRES 4HE AREAS TO THE EAST AND SOUTH ARE USED FOR CASSAVA AND PALM TREE PLANTATIONS Spill history. 4HE PRESSURIZED PIPELINE RUPTURED CATASTROPHICALLY IN KILLING THREE WORKERS AT THE SITE ,OCAL COMMUNITY MEMBERS ACCOMPANYING 5.%0 REPORTED THAT OIL FROM THE PIPELINE WAS SPRAYED HIGH INTO THE AIR CONTAMINATING MANY TENS OF THOUSANDS OF SQUARE METRES !SIDE FROM THE INCIDENT NO OTHER SPILLS HAVE BEEN REPORTED FROM THIS SITE Visual observations on site. 4HE SPILL SITE ITSELF EXTENDING OVER APPROXIMATELY SQUARE METRES IS OBVIOUS FROM THE COVERING OF ASH AND SLAG GENERATED BY THE ENSUING lRE !N AREA OF SOME SQUARE METRES IMMEDIATELY AROUND THE SPILL POINT IS DEVOID OF ALL VEGETATION /IL CRUSTS CAN BE SEEN ON THE SOIL SURFACE IN THE SURROUNDING AREAS 4HE SOIL IS HYDROPHOBIC SUCH THAT RAIN FALLING ONTO THE GROUND HARDLY INlLTRATES 4HE BARE SOIL IS PRONE TO EROSION AND THIS HAS CARVED OUT GULLIES LEADING INTO A NEARBY SMALL TIDAL CREEK NORTH WEST OF THE BLOWOUT POINT 4HE ASSESSMENT TEAM ESTIMATED THAT SEDIMENT IN THE CREEK IS HIGHLY CONTAMINATED OVER AN AREA OF SQUARE METRES 4HE CONTAMINATION IN THE IMMEDIATE VICINITY OF THE SPILL WAS NEVER REMEDIATED AS SUGGESTED BY THE SOIL SAMPLING RESULTS
NNPC trunk line spill (K-Dere, Gokana LGA)
122 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 4 CONTAMINATED SOIL & GROUNDWATER
4ABLE 3UMMARY OF RESULTS OF SOIL AND GROUNDWATER INVESTIGATIONS AT THE + $ERE ..0# PIPELINE RUPTURE SITE 'OKANA ,'! UNEP site code qc_019-013 Site name NNPC pipeline rupture LGA Gokana Site description NNPC crude pipeline Investigated area (m2) 40,348 Number of soil samples 52 Number of groundwater samples 4 Number of surface water samples 1 Number of free-phase water samples 1 Number of CL sediment samples 1 Deepest investigation (m) 5.50 Maximum soil TPH (mg/kg) 32,600 Number of soil measurements greater than EGASPIN intervention value 13 Deepest sample greater than EGASPIN intervention value (m) 5.00 Maximum water TPH (μg/l) (CL samples) 5,650 Number of water measurements greater than EGASPIN intervention value 2 Presence of hydrocarbons in sediment (CL) above EGASPIN intervention value yes Total volume of soil above intervention value (m3) 4,818 Total volume of soil above target value (m3) 26,843
Sample analysis. ! SUMMARY OF THE INVESTIGATIONS 4ABLE 6ERTICAL PROlLING OF CONTAMINATION IS SHOWN IN 4ABLE AT THE ..0# PIPELINE RUPTURE SITE 'OKANA ,'! 3OIL CONTAMINATION DATA ARE PRESENTED IN CONTOUR FORM IN -AP Soil sampling Depth interval TPH borehole (m) (mg/kg) 4HE VERTICAL PROFILE OF CONTAMINATION IS ALSO OF 0-0.10 32,600 INTEREST 4ABLE 4HE MAIN CONTAMINANTS WERE 0.10-0.50 20,200 40( WITH MAXIMUM CONCENTRATIONS OF MG 0.50-1.00 11,000 KG AT A DEPTH OF METRE IN SAMPLE " AND 019-011-SOI- 1-2 7,060 MGKG AT A DEPTH OF METRES IN SAMPLE B5000 " 2-3 10,300 3-4 10,400 4HE SEDIMENT SAMPLE 3%$ TAKEN FROM THE CREEK PROVED TO BE HIGHLY CONTAMINATED 4-5 10,100 LABORATORY RESULTS SHOWING 40( AT MG 0-0.40 16,900 KG 4HE GAS CHROMATOGRAPHY '# lNGERPRINT OF 0.40-1 12,900 THE OIL AT A DEPTH OF METRES WAS IDENTICAL WITH 019-011-SOI- 1-2 9,720 THAT FOUND IN THE SEDIMENT FROM THE CREEK PROVING B5010 THE LINKAGE BETWEEN SOURCE AND IMPACT &IGURE 2-3 28,300 A AND B 4HE HYDRAULIC CONNECTION BETWEEN 3-4 21,300 CONTAMINATED LAND AND CREEKS WILL HAVE IMPORTANT 4-5 12,600 IMPLICATIONS FOR THE SEQUENCE OF REMEDIATION TO BE CARRIED OUT 5NTIL THE LAND BASED CONTAMINATION HAS BEEN DEALT WITH IT WILL BE FUTILE TO BEGIN CLEAN UP OF THE CREEK AS POLLUTANTS WILL CONTINUE TO MIGRATE TOWARDS THE CREEK RE CONTAMINATING WATER SEDIMENTS AND VEGETATION
'ROUNDWATER IN THIS AREA HAS BEEN IMPACTED WITH 40( CONCENTRATIONS NEAR THE CONTAMINATION CENTRE REACHED «GL AND «GL (OWEVER THE FACT THAT THIS AREA IS REMOTE FROM NEARBY COMMUNITIES AND THE WATER IS CURRENTLY NOT USED FOR IRRIGATION GIVE AN OPPORTUNITY TO CONTAIN AND CLEAN UP THE CONTAMINATION BEFORE POTENTIAL RECEPTORS ARE REACHED THROUGH THIS PATHWAY
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 123 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
-AP #ONTAMINATION CONTOURS AT ..0# SPILL + $ERE 'OKANA ,'! OYIGBO ° ELEME TA I
KHANA OGU/ BOLO GOKANA 2000 BONNY ANDONI
000
4
3000
9000 2798 531 ") ") 565 0 ") 0 6000 13000 30
5000 17284 10692") 4000 ") 11000 1364 14000 7000 ") 1000012000
8000
1305 ") 1000
1486 ") 156 ")
29 ") ") Metres Oil Facilities Contamination contours (mg/kg) SPDC Right of way (ROW) > 5 000 03060 W Wells 50 - 5 000 < 50 Projection: WGS 84 ") Manifold UTM Zone 32 N
*# FlowStation Soil samples ") Soil samples Pipeline ") NNPC Crude Grassplot centroid
NNPC Refined product Grassplot sampling area Investigated area T SPDC Oil Pipe in operation Groundwater flow direction UNEP 2011
124 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 4 CONTAMINATED SOIL & GROUNDWATER
&IGURE A AND B 'AS CHROMATOGRAPHY '# lNGERPRINT OF SAMPLE 3%$ AT METRE DEPTH TOP AND SAMPLE 3/) " AT METRES DEPTH BOTTOM
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 125 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
General conclusions. 3OIL CONTAMINATION ARISING FROM THE ..0# PIPELINE BLOWOUT IMPACTED AN EXTENSIVE AREA .O EFFECTIVE REMEDIATION HAS TAKEN PLACE AT EITHER SITE SUCH THAT AN AREA OF APPROXIMATELY SQUARE METRES HAS BEEN IMPACTED AND IS DEVOID OF ANY VEGETATION 3OIL CONTAMINATION EXTENDS TO A DEPTH OF AT LEAST METRES 4HE SOIL IN THE CORE AFFECTED AREA MUST BE CONSIDERED HIGHLY CONTAMINATED BASED ON THE CONCENTRATIONS OF HYDROCARBONS AND IS CURRENTLY UNlT FOR ANY FURTHER USE 4HE ABSENCE OF ANY PROTECTIVE VEGETATION HAS LED TO SOIL EROSION AND HEAVY CONTAMINATION n VIA TRANSPORT AND DEPOSITION OF CONTAMINATED PARTICLES n OF THE ADJACENT CREEK AND POSSIBLY THE SURROUNDING AGRICULTURAL LAND $IRECT RUNOFF OF OIL FOR THE DURATION OF THE RUPTURE AND SUBSEQUENT SUB SURFACE TRANSFER OF CONTAMINATION ALSO CANNOT BE RULED OUT 3INCE THE WATERS IN THE CREEK ARE TIDAL THE HYDROCARBON COATING OF THE SEDIMENT GRAINS WILL BE WASHED OFF OR DISSOLVED OR THE SEDIMENT ITSELF MAY BE TRANSPORTED LEADING TO FURTHER DOWNSTREAM CONTAMINATION 5.%0 INVESTIGATIONS HAVE SHOWN THAT YEARS AFTER THE OIL SPILL ON THIS SITE NATURAL ATTENUATION HAS NOT BEEN EFFECTIVE Site-specific recommendations:
4HE IMPACTED AREA SHOULD BE DEMARCATED AND APPROPRIATE SIGNAGE ERECTED TO INDICATE THAT THE SITE IS HEAVILY POLLUTED 4HE SITE SHOULD BE REWORKED TO PREVENT RUNOFF FROM THE AREA INTO THE NEARBY CREEK ! LEACHATE MONITORING SYSTEM AND IF NECESSARY LEACHATE TREATMENT SHOULD BE ESTABLISHED -ONITORING OF WELL WATER SHOULD BE INTRODUCED TO PROVIDE AN EARLY WARNING FOR COMMUNITIES NOT YET IMPACTED BY GROUNDWATER POLLUTION EMANATING FROM THE SITE 0RIOR TO SITE CLEAN UP ADDITIONAL SOIL SAMPLING ALONG WITH EXCAVATION OF TRIAL PITS SHOULD BE CARRIED OUT TO DELINEATE THE AREA TO BE TREATED ! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF THE CONTAMINATED SOIL AND II RISK REDUCTION AT THE SITE !DDITIONAL GUIDANCE ON CLEAN UP OF CONTAMINATED SOIL IS PROVIDED IN #HAPTER ! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF THE CONTAMINATED WATER AND II RISK REDUCTION AT THE SITE !DDITIONAL GUIDANCE ON CLEAN UP OF CONTAMINATED WATER IS PROVIDED IN #HAPTER &URTHER ASSESSMENT OF THE CREEK SHOULD BE CARRIED OUT TO MAP THE EXTENT OF POLLUTION AND TO DECIDE WHETHER IT WOULD BE APPROPRIATE TO UNDERTAKE DREDGING AT A LATER STAGE ONCE THE CONTAMINATED LAND HAS BEEN TREATED $URING THE CLEAN UP EXCAVATION WATER SHOULD BE CAREFULLY MANAGED TO ENSURE THAT POLLUTANTS DO NOT ESCAPE INTO THE ENVIRONMENT ! SUMMARY OF CONTAMINATION AT THE INVESTIGATED ..0# PIPELINE SITE AT + $ERE IS PRESENTED IN 4ABLE
4ABLE 3UMMARY OF CONTAMINATION ON THE ..0# PIPELINE SITE UNEP site LGA Number Number of Deepest soil Maximum Number of soil Deepest soil Maximum water Hydrocarbons Number of water Number of samples code of soil groundwater investigation soil TPH measurements sample TPH (ug/l) in community TPH measurements with TPH samples samples (m) (mg/kg) >EGASPIN >EGASPIN (m) (CL samples) wells >EGASPIN >EGASPIN below 1 m qc_019-046 Gokana 72 3 5 2,900 2,320 2
126 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 4 CONTAMINATED SOIL & GROUNDWATER
Case study 5 NNPC product line spill – 001-005 Nsisioken Agbi, Eleme LGA
Site description. !N ..0# PRODUCT PIPELINE FROM 0ORT (ARCOURT RElNERY RUNS TO 5MU .WA .WA THROUGH .SISIOKEN !GBI IN %LEME ,'! 4HE PIPELINE CROSSES A NUMBER OF OTHER PIPELINES AT .SISIOKEN !GBI INCLUDING THE 30$# OWNED INCH 2UMUEKPE TO "OMU TRUNK LINE THE INCH .KPOKU TO .EW %BUBU /GHALE TRUNK LINE AND THE ABANDONED INCH 2UMUEKPE MANIFOLD TO "OMU MANIFOLD TRUNK LINE 4HE PIPELINE RUNS UNDERGROUND BUT IS OTHERWISE NOT SECURED AND THERE ARE NO SIGNS OR FENCES TO INDICATE THE ROUTE OF THE PIPELINE Land use. ! NUMBER OF HOUSES HAVE BEEN BUILT NEXT TO THE PIPELINE OVER A LINEAR DISTANCE OF APPROXIMATELY METRES THE CLOSEST HOUSE BEING APPROXIMATELY METRES FROM THE PIPELINE !LL THE HOUSES IN THIS AREA HAVE FRUIT AND VEGETABLE GARDENS AND WATER IS TAKEN FROM HAND DUG WELLS OR DEEPER BOREHOLES ! SACRED FOREST IS LOCATED WEST OF THE SPILL SITE COVERING APPROXIMATELY SQUARE METRES !N AREA OF WETLANDS LIES DOWNHILL TO THE SOUTH WEST OF THE SPILL SITE THE WATER SURFACE COVERING SOME SQUARE METRES IN THE DRY SEASON RISING TO SQUARE METRES DURING THE RAINY SEASON ! SMALL CASSAVA PLANTATION IS SITUATED BETWEEN THE SACRED FOREST AND THE WETLAND Spill history. 4HE ..0# TRUNK LINE TRANSPORTS RElNED PRODUCTS INCLUDING GASOLINE AND DIESEL OR KEROSENE .O DATA ON SPILLS ON ..0# PIPELINES WERE MADE AVAILABLE TO THE 5.%0 TEAM 4HE SPILL INVESTIGATED BY 5.%0 WAS FOUND DURING RECONNAISSANCE VISITS TOGETHER WITH COMMUNITY REPRESENTATIVES ALONG KNOWN PIPELINE RIGHTS OF WAY !CCORDING TO LOCAL ANECDOTAL INFORMATION THE SPILL OCCURRED AROUND CLOSE TO THE AREA OF HOUSING SOME METRES UPHILL FROM THE WETLAND 'ROUNDWATER WAS CONTAMINATED TO A DISTANCE OF AT LEAST METRES FROM THE SOURCE OF THE SPILL ! FEW RESIDENTS CLAIMED TO HAVE SMELT OIL IN THEIR DRINKING WATER /THER SPILL INCIDENTS ON THIS SITE HAVE NOT BEEN REPORTED BY LOCAL REPRESENTATIVES .O ADDITIONAL DATA WERE AVAILABLE FROM ..0# Visual observations on site. ! DIRT ROAD FOLLOWS THE TRUNK LINE DOWNHILL 6ISIBLE SIGNS OF SPILLED OIL COULD BE SEEN SUCH AS DARK CRUSTS ON THE SOIL SURFACE AS WELL AS OILY SHEENS ON STANDING POOLS OF WATER $URING TEST BOREHOLE DRILLING ESPECIALLY CLOSE TO THE PIPELINE AN INTENSE KEROSENE SMELL COULD BE DETECTED &REE PHASE HYDROCARBON WAS RECOVERED FROM THE DRILLED WELL Sample analysis. ! SUMMARY ANALYSIS OF THE CONTAMINATION IS PRESENTED IN 4ABLE 'IVEN THAT THE NEARBY COMMUNITY DRAWS WATER FOR DRINKING COOKING AND WASHING FROM THE AREA THE MOST IMPORTANT OBSERVATION AT THIS SITE WAS THE PRESENCE OF FREE PHASE HYDROCARBON ON WATER AT THE SOURCE OF THE LEAK AND THE PRESENCE OF DISSOLVED HYDROCARBONS IN THE AREA -OST WORRYING THE WATER HAD VERY HIGH CONCENTRATION OF BENZENE A KNOWN CARCINOGEN )N ADDITION TO METHANE THE SAMPLES ALSO REVEALED THE PRESENCE OF METHYL TERTIARY BUTYL ETHER -4"% -4"% IS NOT A PART OF CRUDE OIL BUT AN ADDITIVE ADDED TO RElNED PRODUCTS AT THE RElNERY SO ITS PRESENCE PROVED THAT THE SPILL WAS INDEED THAT OF A RElNED PRODUCT EG GASOLINE RATHER THAN CRUDE OIL 3OIL CONTAMINATION AT THE SITE IS PRESENTED IN CONTOUR FORM IN -AP General conclusions. #ONTAMINATION OF SOIL ON THE SPILL SITE EXTENDS OVER A WIDE AREA #ONTAMINANTS ARE BEING LEACHED FROM THE SOIL TO THE GROUNDWATER AND TRANSPORTED OVER A DISTANCE OF MORE THAN HALF A KILOMETRE TO COMMUNITY DRINKING WATER WELLS 3EVERE CONTAMINATION OF DRINKING WATER BY TOXIC AND CARCINOGENIC SUBSTANCES PRESENTS AN ACUTE HEALTH HAZARD
Site-specific recommendations:
4HE ACUTE HEALTH RISKS TO THE SURROUNDING COMMUNITY MAKE IT ESSENTIAL THAT CLEAN UP OF THE SITE BE TREATED AS HIGHEST PRIORITY !N ALTERNATIVE WATER SUPPLY SHOULD BE MADE AVAILABLE IMMEDIATELY !LL COMMUNITY WELLS IN WHICH Field work in Nsisioken Agbi, Eleme LGA
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 127 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
BENZENE ANDOR -4"% HAVE BEEN DETECTED SHOULD BE MARKED AND THE COMMUNITY REQUESTED NOT TO CONSUME ANY FURTHER WATER FROM THESE WELLS #OMPREHENSIVE MONITORING OF DRINKING WATER QUALITY IN ALL HOUSEHOLD AND PUBLIC DRINKING WATER WELLS SHOULD BE CARRIED OUT WITHIN A RADIUS OF KM OF THE SPILL LOCATION 4HE IMPACTED AREA SHOULD BE DEMARCATED AND APPROPRIATE SIGNAGE ERECTED TO INDICATE THAT THE SITE IS IMPACTED 0RIOR TO SITE CLEAN UP ADDITIONAL SOIL SAMPLING ALONG WITH EXCAVATION OF TRIAL PITS SHOULD BE CARRIED OUT TO DELINEATE THE AREA TO BE TREATED 4HE INITIATION OF CLEAN UP AT THIS SITE IS MADE MORE COMPLEX BY THE PRESENCE OF SWAMPLAND AND A SACRED FOREST )N PREPARING DETAILED CLEAN UP PLANS COMMUNITY CONSULTATION WILL BE NEEDED )NNOVATIVE TECHNOLOGICAL OPTIONS WHICH CAN ACHIEVE POLLUTANT REMOVAL WITHOUT DISTURBING THE SACRED FOREST MAY HAVE TO BE EMPLOYED ! SUMMARY OF CONTAMINATION IN THE INVESTIGATED ..0# PIPELINE RUPTURE SITE AT .SISIOKEN !GBI IS PRESENTED IN 4ABLE
4ABLE Summary of investigation of soil and groundwater at the Nsisioken Agbi Ogale NNPC pipeline rupture site, Eleme LGA UNEP site code qc_001-005 Site name Nsisioken Agbi LGA Eleme Site description NNPC product pipeline Investigated area (m2) 26,995 Number of soil samples 66 Number of groundwater samples 7 Number of drinking water samples 20 Number of surface water samples 2 Number of free-phase water samples 2 Number of sediment samples 2 Deepest investigation (m) 6 Maximum soil TPH (mg/kg) 7,310 Number of soil measurements greater than EGASPIN intervention value 2 Deepest sample greater than EGASPIN intervention value (m) 2 Maximum water TPH (μg/l) (samples) 86,100 Number of water measurements greater than EGASPIN intervention value 5 Presence of hydrocarbons in drinking water yes Presence of hydrocarbons in surface water (CL) yes Presence of hydrocarbons in sediment (CL) above EGASPIN intervention value yes Number of soil measurements below 1 m 48 Number of soil measurements below 1 m greater than EGASPIN intervention value 2 Total volume of soil above intervention value (m3) 10,025 Total volume of soil above target value (m3) 38,366
4ABLE 3UMMARY OF CONTAMINATION AT THE INVESTIGATED ..0# PRODUCT LINE UNEP site LGA Number Number of Deepest soil Maximum Number of soil Deepest soil Maximum water Hydrocarbons Number of water Number of samples code of soil groundwater investigation soil TPH measurements sample TPH (ug/l) in community TPH measurements with TPH samples samples (m) (mg/kg) >EGASPIN >EGASPIN (m) (CL samples) wells >EGASPIN >EGASPIN below 1 m qc_002-008 Eleme 13 3 2,950 qc_004-006 Eleme 38 5 13,200 6 2 181 3
128 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 4 CONTAMINATED SOIL & GROUNDWATER
-AP #ONTAMINATION CONTOURS AT .SIOKEN !GBI /GALE %LEME ,'! OYIGBO ° ELEME TA I 28" RUMUEKP KHANA OGU/ BOLO GOKANA
BONNY E TO BOMU TRUNKLINE ANDONI
30 ")
14 ") 50 46 ") 65 ") ") 652 2831 ") ") 50 1454 ") ") 1357 221 ") ") 51 403 ") ") ") 18 2034 ") ") 1142
6054 ")
731 ")
1 ")
403 125 ") ")
24 ")
Metres Oil Facilities Contamination contours (mg/kg) 0150300 SPDC Right of way (ROW) > 5 000 W Wells 50 - 5 000 < 50 Projection: WGS 84 ") Manifold UTM Zone 32 N
*# FlowStation Soil samples ") Soil samples Pipeline ") NNPC Crude Grassplot centroid
NNPC Refined product Grassplot sampling area Investigated area T SPDC Oil Pipe in operation Groundwater flow direction UNEP 2011
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 129 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
Case study 6 Fly tipping of oilfield waste - 001-022 – oil waste dump site
Site description. 3ITE IS LOCATED IN /KEN /YAA %JAMA APPROXIMATELY METRES WEST OF %JAMA &ARMING #AMP KM SOUTH EAST OF %JAMA %BUBU AND KM NORTH OF /NNE )T LIES IN THE BEND OF 30$#S INCH 2UMUEKPE "OMU TRUNK LINE AND THE INCH 2UMUEKPE MANIFOLD TO "OMU MANIFOLD RIGHT OF WAY AND IS LOCATED INSIDE A BORROW PIT BELONGING TO A LOCAL LANDOWNER )T IS OUTSIDE THE 30#$ RIGHT OF WAY AND IS FREELY ACCESSIBLE !CCORDING TO ANECDOTAL EVIDENCE THE LANDOWNER HAS LEASED THE AREA TO AN UNKNOWN WASTE MANAGEMENT COMPANY 4HE BORROW PIT DOES NOT COMPLY WITH %'!30). REGULATIONS IN THAT IT IS NEITHER LINED WITH METRE OF RE COMPACTED OR NATURAL CLAYCEMENT WITH A HYDRAULIC CONDUCTIVITY ≤ X MS NOR SEALED IN AN EQUIVALENT MANNER 4HE SITE IS NOT AN AUTHORIZED DISPOSAL SITE Land use. 4HE AREA WAS FORMERLY USED FOR SAND MINING APPARENTLY FOR CONSTRUCTION PURPOSES 4HERE IS SOME AGRICULTURE AND PRIVATE AND COMMERCIAL HOUSING IS CONCENTRATED ALONG A NEARBY EXPRESSWAY AND IN A NEW REAL ESTATE PROJECT SOME METRES NORTH OF THE SITE Spill history. 4HERE IS NO SPILL HISTORY AS SUCH AS IT IS NOT PHYSICALLY RELATED OR CONNECTED TO ANY OILlELD INFRASTRUCTURE IN THE VICINITY 4HE WASTE OBSERVED BY THE 5.%0 ASSESSMENT TEAM HAD EVIDENTLY BEEN DUMPED A FEW DAYS OR WEEKS AT THE MOST PRIOR TO THE SITE VISIT AS A SATELLITE IMAGE DATED *UNE DOES NOT SHOW ANY WASTE AT THE LOCATION 4HE WASTE DISPOSED OF IN SEVERAL HUNDRED @"IG "AGS CUBIC METRE REINFORCED PLASTIC TRANSPORT BAGS AMOUNTED TO CUBIC METRES OF OIL MIXED WITH GREY CLAY CONTAINING SMALL ROCK FRAGMENTS /IL WAS SEEPING FROM THE BAGS FORMING PUDDLES IN THE GROUND Sample analysis. 3AMPLES TAKEN DIRECTLY FROM THE WASTE BAGS HAD MGKG 40( 4HIS IS CLEARLY ABOVE THE %'!30). INTERVENTION VALUE OF MGKG 3OME OF THE BAGS WERE BROKEN AND OIL HAD ALREADY LEACHED INTO THE SOIL -OST OF THE SOIL SAMPLES COLLECTED FROM AROUND THE WASTE WERE ONLY SLIGHTLY CONTAMINATED WITH 40( CONCENTRATIONS BELOW MGKG IN SAMPLES AND BELOW MGKG IN SAMPLES 3OME OF THE SAMPLES HAD ELEVATED LEVELS OF BARIUM MAXIMUM MG KG WHICH RAISES THE POSSIBILITY THAT THE WASTE MAY HAVE COME FROM DRILLING OPERATIONS IN WHICH BARIUM IS USED AS A WEIGHTING AGENT
Fly tipping of oilfield waste in Ogoniland (Oken Oyaa, Eleme LGA)
130 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 4 CONTAMINATED SOIL & GROUNDWATER
&IGURE '# lNGERPRINT OF THE OIL PHASE SAMPLE 8 FROM A "IG "AG
'AS CHROMATOGRAPH mAME IONIZATION DETECTOR '# &)$ lNGERPRINTS OF THE ALIPHATICS FRACTION # # SEE &IGURE REVEALED THAT THE OIL WAS A FRESH AND UNWEATHERED CRUDE OIL !N ANALOGOUS SERIES OF N ALKANES ARE CLEARLY VISIBLE INDICATING RELATIVELY FRESH OIL "ELOW THIS A SMALL UNRESOLVED COMPLEX MIXTURE CAN BE SEEN INDICATING THE PRESENCE OF SOME WEATHERED MATERIAL General conclusions. %XAMINATION OF THE SITE AND SUBSEQUENT LABORATORY ANALYSIS REVEALED THE LIKELY SOURCE OF THE MATERIAL TO BE CUTTINGS FROM OIL DRILLING OPERATIONS )T FALLS TO THE RESPONSIBLE AUTHORITIES TO MONITOR THE MOVEMENTS OF HAZARDOUS WASTE FROM SOURCE TO END POINT UNDER A DUTY OF CARE 4HE FACT THAT WASTE OF THIS TYPE IS BEING DISPOSED OF IN AN OPEN AND UNLINED PIT PROVES THAT THE CHAIN OF CUSTODY BETWEEN WASTE GENERATOR WASTE TRANSPORTER AND WASTE DISPOSAL FACILITY IN THE REGION IS NOT BEING ADHERED TO 4HE LOCAL ENVIRONMENTAL AUTHORITY LACKING A PROACTIVE SUPPORT NETWORK IS OBVIOUSLY NOT IN A POSITION TO MONITOR INSTANCES LIKE THIS 4HE CASE ALSO DEMONSTRATES A LACK OF CONTROL BY THE OPERATOR OF THE SITE FROM WHERE THE MATERIAL ORIGINATED !S THERE ARE CURRENTLY NO OIL DRILLING OPERATIONS IN /GONILAND AND THE OIL WAS RELATIVELY UNWEATHERED THE SOURCE OF THE DUMPED WASTE MUST LIE OUTSIDE /GONILAND 7HATEVER THE CASE THE %'!30). REQUIRES THAT AN OPERATOR TAKE CARE OF hTHE CONTAINMENT AND RECOVERY OF ANY SPILL DISCOVERED WITHIN HIS OPERATIONAL AREA WHETHER OR NOT ITS SOURCE IS KNOWN 4HE OPERATOR SHALL TAKE PROMPT AND ADEQUATE STEPS TO CONTAIN REMOVE AND DISPOSE OF THE SPILLv &URTHERMORE EACH OILlELD OPERATOR IS REQUIRED TO IDENTIFY THE OIL PRODUCED BY GAS CHROMATOGRAPH MASS SPECTROSCOPY '# -3 lNGERPRINTING ON A lELD BY lELD BASIS 7HETHER THIS PROVISION IS APPLICABLE FOR DISPOSAL OF SOLID HYDROCARBON WASTES IS FOR THE 'OVERNMENT OF .IGERIA TO DECIDE Site-specific recommendations:
4HE DUMPED WASTE MATERIAL SHOULD IMMEDIATELY BE REMOVED TO A LANDlLL WITH PROPER CONTAINMENT !PPROPRIATE ACTION SHOULD BE TAKEN AGAINST THE OPERATOR OF THE FACILITY AND USE OF THE BORROW PIT AT /KEN /YAA FOR DISPOSAL OF WASTE MUST CEASE IMMEDIATELY !DDITIONAL MONITORING SHOULD BE CARRIED OUT AT THE SITE AFTER THE WASTE MATERIAL HAS BEEN REMOVED AND WHILE CLEAN UP PLANS ARE IN PREPARATION
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 131 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
Case study 7 SPDC remediation site 008-002 – Korokoro Well 3, Korokoro, Tai LGA
Site description. 4HE SITE IS LOCATED APPROXIMATELY METRES NORTH EAST OF +OROKORO 4AI ,'! AND IS PART OF THE !ABUE COMMUNITY LANDS 4HE SITE ITSELF CONSISTS OF +OROKORO 7ELL AND THE SURROUNDING RIGHTS OF WAY THE LATTER COVERING AN AREA OF SQUARE METRES 4HE WELLHEAD AREA ACCESSIBLE VIA A TARMAC ROAD IS NOT FENCED OR GUARDED AND IS THEREFORE FREELY ACCESSIBLE 4HE AVERAGE HEIGHT OF THE GROUND SURFACE IS METRES AMSL 4HE WELL WAS DRILLED AND COMPLETED IN -ARCH BUT HAS NOT BEEN PRODUCING OIL SINCE THE EARLY S $URING DRILLING OPERATIONS GROUNDWATER WAS FOUND AT METRES BGS 30$# PROVIDED NO INFORMATION ABOUT MAINTENANCE CYCLES Land use. ! SMALL HOUSEHOLD IS SITUATED APPROXIMATELY METRES TO THE NORTH OF THE RIGHT OF WAY ! HAND DUG WELL SERVES AS THE WATER SUPPLY 4HE WELLHEAD AREA IS SURROUNDED BY CASSAVA lELDS 4HE SOIL CONSISTS OF YELLOWISH BROWN SILTY OR SANDY CLAY Spill history. 3PILLS REPORTED BY 30$# TOOK PLACE IN )NCIDENT .O )NCIDENT .O )NCIDENT .O AND )NCIDENT .O !CCORDING TO 30$# THE CAUSE OF THE SPILL WAS SABOTAGE EACH TIME THOUGH 5.%0 WAS UNABLE TO VERIFY THIS !N AREA OF SQUARE METRES WAS CONTAMINATED AND REMEDIATION WAS COMPLETED .O INFORMATION WAS AVAILABLE AS TO THE DELIMITATION OF THE REMEDIATED AREA THE FORM OF REMEDIATION OR THE YEAR IN WHICH REMEDIATION TOOK PLACE Visual observations on site. 4HE SITE WAS OVERGROWN WITH ELEPHANT GRASS AT THE TIME OF THE SAMPLING lELD VISIT !LONG THE SOUTH EASTERN BOUNDARY DISTINCT SIGNS OF SOIL CONTAMINATION BY CRUDE OIL WERE FOUND COVERING AN AREA OF APPROXIMATELY SQUARE METRES INSIDE AND OUTSIDE THE RIGHT OF WAY 4HE CONTAMINATION HAD A VISIBLE IMPACT ON THE SIZE AND HEALTH OF THE CASSAVA PLANTS 4HE FORMER TAILINGS PIT WAS EASILY IDENTIlABLE AS A RECTANGULAR SHALLOW DRY DEPRESSION IN THE GROUND NEXT TO THE WELLHEAD 3AMPLING REVEALED THAT OIL BASED MUDS HAD BEEN USED FOR DRILLING %XCEPT FOR THE TAILINGS PITS ALL THE SOIL PROlLES ON THE SITE REVEALED SOIL IN NATURAL BEDDING INDICATING THAT THE 30$# REMEDIATION ATTEMPT HAD CONSISTED OF ENHANCED NATURAL ATTENUATION
Korokoro Well 3 (Tai, LGA)
132 s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 4 CONTAMINATED SOIL & GROUNDWATER
4ABLE 3UMMARY OF SOIL AND GROUNDWATER INVESTIGATIONS AT +OROKORO 7ELL UNEP site code qc-008-007 Site name Korokoro Well 3 LGA Khana Investigated area (m2) Number of soil samples 74 Deepest investigation (m) 7.6 Maximum soil TPH (mg/kg) 11,200 Number of soil measurements greater than EGASPIN intervention value 25 Deepest sample greater than EGASPIN intervention value (m) 5.6 Number of soil measurements below 1 m 57 Number of soil measurements below 1 m greater than EGASPIN intervention value 22 Volume of soil exceeding the EGASPIN intervention value (m3) Volume of soil exceeding the EGASPIN target value (m3)
!LTHOUGH THE VISIBLE IMPACT OF CONTAMINATION ON THE 4ABLE 6ERTICAL PROlLING OF CONTAMINATION SITE WAS LIMITED TO AN AREA OF APPROXIMATELY AT +OROKORO 7ELL SQUARE METRES THE CONTAMINATION WAS FAR MORE Sampling station Depth from (m) Depth to (m) TPH (mg/kg) EXTENSIVE BELOW GROUND -OBILE PHASE HYDROCARBONS 008-002-SOI- 0 0.4 10,600 WERE FOUND AT A DEPTH OF METRES EVEN BEYOND THE B210 0.4 1.0 4,830 1 1.5 6,210 RIGHT OF WAY )N ALL THE CONTAMINATION FOOTPRINT COVERED 1.5 2.0 11.1 SOME SQUARE METRES 008-002-SOI- 0 0.6 2,240 B250 0.6 1.0 4,300 ! SUMMARY OF THE CHEMICAL INVESTIGATIONS CARRIED OUT 1.0 3.0 7,340 AT THE SITE IS PRESENTED IN 4ABLE 3.0 4.0 5,880 4.0 5.0 6,890 ! GROUNDWATER MONITORING WELL WAS 008-002-SOI- 0 0.8 2,060 B350 0.8 1.5 3,260 CONSTRUCTED NEXT TO THE FORMER TAILINGS PIT BUT 1.5 2.3 2,850 SAMPLING WAS NOT POSSIBLE AS CRUDE OIL PHASE ON 2.3 4.2 5,280 THE GROUNDWATER SURFACE WAS PRESENT AT A DEPTH OF 4.2 5.0 4,310 008-002-SOI- 0 0.4 8,310 METRES B450 0.4 1.2 9,050 1.2 2.4 10,700 6ERTICAL PROlLING OF SOME OF THE SAMPLING LOCATIONS IS 2.4 4.6 4,200 PRESENTED IN 4ABLE 4HIS DEMONSTRATES NOT ONLY THAT 4.6 5.0 6,120 CONTAMINATION HAS MIGRATED VERTICALLY BUT ALSO THAT 008-002-SOI- 0 1.0 2,330 B252 1.0 2.0 2,920 30$#S CLEAN UP ACTIVITIES CONlNED TO THE SURFACE 2.0 3.0 6,990 FAILED TO MEET THE %'!30). INTERVENTION VALUE 3.0 4.6 8,060 MGKG DESPITE REMEDIATION OF THE SITE BEING DECLARED 4.6 5.0 9,510 COMPLETE General conclusions. 0AST REMEDIATION EFFORTS CANNOT BE CONSIDERED EITHER EFFECTIVE OR SUCCESSFUL #ONCENTRATIONS OF 40( STILL EXCEED %'!30). INTERVENTION VALUES EVEN IN THE SURFACE SOIL -AP #ONTAMINATION EXTENDING TO METRES BGS HAS NOT BEEN AFFECTED BY ANY REMEDIATION ATTEMPTS 0OLLUTION HAS MIGRATED TO THE GROUNDWATER AS EVIDENCED BY THE FREE PHASE HYDROCARBON FOUND IN THE 5.%0 MONITORING WELL Site-specific recommendations:
4HE IMPACTED AREA SHOULD BE DEMARCATED AND APPROPRIATE SIGNAGE ERECTED TO INDICATE THAT THE SITE IS HEAVILY POLLUTED 4HE SITE SHOULD BE REWORKED TO PREVENT RUNOFF FROM THE AREA ENTERING THE NEARBY CREEK -ONITORING OF WELL WATER SHOULD BE INTRODUCED TO PROVIDE AN EARLY WARNING FOR COMMUNITIES NOT YET IMPACTED BY GROUNDWATER POLLUTION EMANATING FROM THE SITE 0RIOR TO SITE CLEAN UP ADDITIONAL SOIL SAMPLING ALONG WITH EXCAVATION OF TRIAL PITS SHOULD BE CARRIED OUT TO DELINEATE THE AREA TO BE TREATED
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 133 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
-AP #ONTAMINATION CONTOURS AT +OROKORO 7ELL 4AI ,'! OYIGBO ° ELEME TA I
KHANA OGU/ BOLO GOKANA
BONNY ANDONI
6508 5451 ") ")
576 ")
6214 ") 6876 157 ") ")
7976 2784 ") ") 1152 ") 0 6103 ") 224 7018 ") 2483 ") ") KOROKORO-003 450 6829 4370") ") 3938 ")
11 ") ")904 ")
Metres Oil Facilities Contamination contours (mg/kg) 03060 SPDC Right of way (ROW) > 5 000 W Wells 50 - 5 000 < 50 Projection: WGS 84 ") Manifold UTM Zone 32 N
*# FlowStation Soil samples ") Soil samples Pipeline ") NNPC Crude Grassplot centroid
NNPC Refined product Grassplot sampling area Investigated area T SPDC Oil Pipe in operation Groundwater flow direction UNEP 2011
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! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF THE CONTAMINATED SOIL AND II RISK REDUCTION AT THE SITE !DDITIONAL GUIDANCE ON CLEAN UP OF CONTAMINATED SOIL IS PROVIDED IN #HAPTER ! DETAILED PLAN SHOULD BE PREPARED FOR I CLEAN UP OF THE CONTAMINATED WATER AND II RISK REDUCTION AT THE SITE !DDITIONAL GUIDANCE ON CLEAN UP OF CONTAMINATED WATER IS PROVIDED IN #HAPTER $URING THE CLEAN UP EXCAVATION WATER SHOULD BE CAREFULLY MANAGED TO ENSURE THAT POLLUTANTS DO NOT ESCAPE INTO THE ENVIRONMENT ! SUMMARY OF THE LOCATIONS IN /GONILAND THAT HAVE BEEN CLASSIlED BY 30$# AS hREMEDIATION COMPLETEDv IS PRESENTED IN 4ABLE 4HE FOLLOWING KEY OBSERVATIONS CAN BE MADE FROM THE INFORMATION PRESENTED IN THE TABLE !T OF THE SITES CLASSIlED BY 30$# AS hREMEDIATION COMPLETEDv HYDROCARBON CONTAMINATION EXCEEDING 30$#S OWN SITE CLOSURE CRITERIA WAS DETECTED !T NINE OF THESE LOCATIONS POLLUTION HAS MIGRATED BELOW METRE AN AREA NOT TARGETED BY 30$# FOR REMEDIATION !T EIGHT OF THE LOCATIONS THE GROUNDWATER HAD 40( VALUES EXCEEDING THE %'!30). INTERVENTION VALUE BUT NO CLEAN UP ATTEMPT HAS YET BEEN MADE !T TWO OF THE SITES HYDROCARBON CONTAMINATION WAS DETECTED IN NEARBY COMMUNITY WELLS #LEAN UP EFFORTS BY 30$# IN /GONILAND ARE NOT LEADING TO ENVIRONMENTAL RESTORATION NOR LEGISLATIVE COMPLIANCE NOR EVEN COMPLIANCE WITH ITS OWN INTERNAL PROCEDURES
4ABLE 3UMMARY OF CONTAMINATION OF INVESTIGATED 30$# REMEDIATED SITES UNEP site LGA Site Number Number of Deepest soil Maximum Number of soil Deepest soil Maximum water Number of Number of Number of soil code category of soil groundwater investigation soil TPH measurements sample TPH (ug/l) water samples community measurements below samples samples (m) (mg/kg) >EGASPIN >EGASPIN (m) (CL samples) >EGASPIN wells with TPH 1 m >EGASPIN qc_009- Tai SPDC right 62 2 5 12,300 4 3 162,000 1 3 006 of way qc_019- Gokana SPDC right 27 5 5 34,500 10 4 32,000 2 7 002 of way qc_010- Tai SPDC right 38 8 5 36,200 4 4 543 2 004 of way qc_003- Eleme SPDC right 23 3 13,400 3 3 91.7 2 002 of way qc_019- Gokana SPDC 26 5 7,620 2 3 2 021 suspended facility qc_008- Tai SPDC 58 2 5 1,880 42,800 1 yes 002 suspended facility qc_019- Gokana SPDC 16 1 2.6 3,480 10,300 1 yes 035 suspended facility qc_019- Gokana SPDC 21 2 2.2 1,220 49 032 suspended facility qc_019- Gokana SPDC 32 5 5.2 139,000 5 2 172,000 5 1 010 suspended facility qc_019- Gokana SPDC 18 1 5 23,200 8 2.6 32 4 004 suspended facility qc_015- Khana SPDC 36 3 8,830 1 1.5 10 1 003 suspended facility qc_015- Khana SPDC 42 2 3.5 8,200 5 3 358,000 1 2 001 suspended facility qc_014- Khana SPDC 18 3 2.6 198 519 004 suspended facility qc_014- Khana SPDC 24 2 2.6 157 2,140 1 001 suspended facility qc_016- Khana SPDC 85 13 5.2 8,820 2 0.4 77,000 3 001 legacy site
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4ABLE ,OCATION AND #ONCENTRATION OF (YDROCARBONS IN "ACKGROUND ,OCATIONS IN /GONILAND Community/LGA Closest Cont- Distance to Cobalt Arsenic Barium TPH minated Site Contaminated mg/kg mg/kg mg/kg mg/kg Site (m) AKPAJO, ELEME qc_003-001 322 0.92 0.3 9.8 Not Detected OKULUEBO, ELEME qc_005-006 444 2.12 1.54 21.9 Not Detected KPITE, TAI qc_009-001 425 0.72 1.07 13 Not Detected NWIKARA-AGU, KHANA qc_014-001 180 0.59 1.99 166 95.300 GBE, GOKANA qc_019-034 168 0.21 0.3 1.25 4.140
Background concentration mg/kg, a value that was exceeded in five samples in of hydrocarbons two locations examined during the UNEP study. Values at these sites ranged from 1,000 mg/kg to Even though hydrocarbons are natural organic 3,050 mg/kg. substances, unlike heavymetals, hydrocarbons are not generally present in the surface soil. A number Since barium is not a pollutant that can be visually of soil samples were taken during the assessment observed on the ground like hydrocarbon, these from locations away from areas contaminated by values represent individual sampling locations hydrocarbons and the results are presented in Table only and no conclusions can be drawn as to the 32. While in most locations there is no presence of full extent of the contamination problem. Thus, hydrocarbons, in two of the locations hydrocarbon additional investigation is needed to discover if is observed even 100 metres beyond the spill site. there is indeed extensive contamination by barium. This could be symptomatic of the situation in Based on the results, a risk reduction strategy – Ogoniland where after oil spills, the hydrocarbon possibly involving local containment, or excavation spread laterally by runoff contaminates soil much and transport – should be developed. beyond the original perimeter of the spill. This value has particular importance while discussing Naturally occurring radioactive the target value for clean-up. material (NORM) results Barium pollution On-site measurements. The ambient dose rates at all sites investigated, even at ‘worst case’ sites with In extracting oil from the ground in Ogoniland, as fresh spillages of oil, was always found to be within elsewhere, the oil industry used barium sulphate the natural background level of 80±40 nanosievert to increase the density of the fluid used in drilling per hour (nSv/h). operations. During the drilling process, the cuttings which come up with the drilling fluid are On-site measurements confirmed that NORM is separated and often disposed of in a pit next to present in very low concentrations in Ogoni crude the wellhead. Historically, these pits were unlined oil and that it makes no detectable additional and, on close inspection, it is not uncommon to contribution to the ambient dose rate, within find a range of contaminants in them, including measurement uncertainties. An ambient dose rate barium and hydrocarbons. Barium was therefore a in the range of about 100 nSv/h is of no radiological subject of limited investigations during the UNEP concern. As a reference, the annual dose limit – assessment. above background – for human beings is 1,000,000 nSv per year. Surface contamination measurements Barium (chemical element Ba), a soft silvery at all investigated sites were all within the natural metallic alkaline earth metal, was detected in background level of 3±2 counts per second (cps); all the collected samples. However, this is not this result is similar to the ambient dose rate surprising since most heavy metals occur naturally finding. and the presence of barium, does not, in itself, denote oilfield contamination or obvious harm. Laboratory measurements. Uranium-235, The Nigerian intervention value for barium is 625 Thorium-234, Actinium-228, Radium-226,
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Bismuth-214, Bismuth-212, Lead-212, Lead- These results confirm the on-site findings: NORM 214, Lead-210, Thallium-208 and Potassium-40 is present in the environments assessed by UNEP activity concentrations, measured by gamma in concentrations – in the low parts per million spectrometry, were all above detection limits range – that would be expected for the geology for soil samples but not for liquid samples. of the region. Soil samples heavily contaminated Radium-226 and Uranium-235 activities were with old spilled crude match the zero blank/ calculated from the peak at 186 kilo-electron reference sample and are within analytical or volts (keV) assuming radioactive equilibrium of expected natural uncertainties. The conclusion of Radium-226 with its parent Uranium-238 and of the laboratory analysis therefore is that NORM is natural Uranium-235/Uranium-238 ratio. Liquid by factors lower in crude oil than it is in the soil. samples were measured by ICP-MS expressed This is confirmed by measurements of the liquids in activity concentrations of Uranium-238, using ICP-MS. Uranium and measured daughter Uranium-235, Uranium-234, Thalium-232, product concentrations in crude oil are lower – by Thalium-230 and Radium-226. a factor of 1,000 or more – than in local soil.
Visible hydrocarbon pollution on surface water and vessel used to transport oil
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4.5 Discussion of institutional 1992 Environmental Guidelines and Standards for issues Petroleum Industries in Nigeria (EGASPIN). This confers a statutory role on the DPR to manage UNEP’s review of institutional issues in Nigeria all environmental issues arising from oil industry led to a series of observations that have a direct activities, including clean-up of contaminated bearing on the current environmental situation sites. However, the National Oil Spill Detection in the country. There are also implications for and Response Agency (NOSDRA), created in how jurisdictional gaps and overlaps between 2006, has since also assumed responsibility for institutions can be improved so that sustainable the latter role, though NOSDRA’s mandate environmental improvements can be achieved does not cover supervision of contaminated site in Ogoniland. Some of the key observations are remediation. More importantly, the two agencies detailed below. have differing interpretations of EGASPIN, which further undermines clean-up operations Multiple institutions with unclear in Ogoniland. mandates The overlap of authorities and responsibilities Nigeria has a three-tier administration: federal, between state ministries and federal ministries is state and local government. Both the federal and another issue which has an impact on environmental state governments have ministries of environment management on-the-ground. In the Nigerian but the Department of Petroleum Resources system, central government agencies also have (DPR) – the ‘technical arm’ of the Ministry of state or regional administrative offices. Separate Petroleum Resources – continues to have a role state government agencies, which sometimes in regulating environmental issues as well. have similar mandates, often end up doing the same work. These overlapping efforts are not The most important piece of legislation on always coordinated and can lead to suboptimal environmental management in Nigeria is the environmental management.
Undergrowth shrouds a warning sign at Ogale, Eleme LGA
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NOSDRA mandate and resources licenses and regulates oil industry operations, a key are not aligned ministry in Nigeria. In 1990, when the ministry, through its Department of Petroleum Resources The National Oil Spill Detection and Response (DPR), developed the EGASPIN, there was no federal Agency came into being under the National Oil Spill Ministry of Environment (environment is currently Detection and Response Agency (Establishment) part of the Federal Ministry of Environment, Housing Act, 2006. The Act states that the organization’s and Urban Development). Moreover, it seemed mandate “shall be to coordinate and implement the logical at that time for the Ministry of Petroleum National Oil Spill Contingency Plan for Nigeria” Resources to oversee the oil industry because of the [39]. The main focus of the Contingency Plan is on strategic nature of the country’s oil reserves as well as emergency response in the event of an oil spill. The the technical nature of the industry and the specialized NOSDRA Act also legislates for emergency response skills therefore needed to regulate it. systems and capacity. However, there is clearly a conflict of interest in However, in the five years since its establishment, very a ministry which, on one hand, has to maximize few resources have been allocated to NOSDRA, such revenue by increasing production and, on the other, that the agency has no proactive capacity for oil-spill ensure environmental compliance. Most countries detection and has to rely on reports from oil companies around the world, including in the Middle East where or civil society concerning the incidence of a spill. It oil is the mainstay of the regional economy, have also has very little reactive capacity – even to send placed environmental regulation within the Ministry staff to a spill location once an incident is reported. of Environment or equivalent. It is noteworthy to In the Niger Delta, helicopters or boats are needed mention in this context that after the 2010 Deepwater to reach many of the spill locations and NOSDRA Horizon incident, it came to light that the US Offshore has no access to such forms of transport other than Energy & Minerals Management Office (under the through the oil companies themselves. Consequently, Bureau of Ocean Energy Management, Regulation in planning their inspection visits, the regulatory and Enforcement) responsible for the development authority is wholly reliant on the oil company. Such of the offshore oilfield was also the body that issued an arrangement is inherently inappropriate. environmental approvals. Even though other federal and local agencies had commented on the industry Equally important is the question of mandate when it plans, President Obama called this a “cosy relationship comes to cleaning up a contaminated site. NOSDRA between the oil companies and the federal agency that undertakes supervision of contaminated site assessment permits them to drill” [40]. Consequently, a new based on EGASPIN provisions. However, since Bureau of Safety and Environmental Enforcement, the agency did not exist at the time EGASPIN was under the US Department of the Interior, has been formulated in 1992 and reissued in 2002, the Act created, which is independent from the Department itself does not empower NOSDRA. Consequently, of Energy Resources. little training and few resources have been provided to enable NOSDRA to carry out this task. Lack of resources
At the time that NOSDRA was created, a clear Resource limitations, both physical and human, are directive should have been issued delineating the a feature of all Nigerian ministries. There are also operational boundaries between NOSDRA and other issues at play, involving various ministries the DPR. In the absence of such clarification, both at federal level as well as the contrasts between bodies continue to deal with contaminated site ministries at federal and state level. For example: clean-up, coordination between the two is poor, Both DPR and NOSDRA suffer from a shortage and in extreme cases they take differing approaches t of senior and experienced staff who understand to interpreting the rules. the oil industry and can exercise effective Conflict of interest technical oversight. The main reason for this is that individuals with technical knowledge in the Petroleum resources account for 80 per cent of field of petroleum engineering or science find national revenue and 95 per cent of export earnings, substantially more rewarding opportunities in making the Ministry of Petroleum Resources, which the oil industry
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Inadequate regulatory requirements and enforcement are leaving communities exposed t A typical pattern in Nigeria (as in other absence of such resources, government agencies countries) is that offices in the federal capital are at the mercy of oil companies when it comes of Abuja are better equipped with staff and to conducting site inspections. resources than regional offices. This may not be a financial issue but staff may be reluctant to Inadequate regulatory requirements and serve in the regions owing to poorer working enforcement conditions and opportunities, ranging from The oil and gas sector in Nigeria is subject to security to schooling for children and career comprehensive legislation which includes detailed advancement prospects. This is certainly an environmental and technical norms. The most issue impacting both DPR and NOSDRA detailed and exhaustive standards and guidelines – the EGASPIN – were issued by the DPR in 1992 and t All government departments, both federal and state, lack office equipment and vehicles. reissued in 2002. However, the original Act dealing Even when such resources are allocated there with the oil industry in Nigeria is the Petroleum Act, is often a shortage of funds for maintenance 1969, which empowers the Minister of Petroleum (e.g. maintaining vehicles and buying fuel for Resources to regulate for the prevention of pollution generators) of water courses and the atmosphere. It is not entirely clear from reading EGASPIN if it was issued under t State ministries of environment are even less the 1969 Act. Consequently, whether EGASPIN is a well provided for in terms of human resources, legally enforceable instrument or a non-enforceable equipment and infrastructure, and attracting guideline is also unclear. This issue was discussed quality staff is especially difficult with both DPR and NOSDRA officials, who all have varying interpretations on the legislative status of t Shortage of equipment is particularly troublesome EGASPIN. UNEP’s institutional assessment was not for agencies having to respond to oil spills, which able to verify whether EGASPIN’s legislative standing are often in areas inaccessible by road. In the has been tested in the Nigerian courts.
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Regardless of its formal status, for all practical While in the provisions discussed above EGASPIN purposes EGASPIN currently forms the basis for is clear and in line with the terminology as applied environmental management of the oil industry elsewhere (e.g. in the Dutch Soil Act of 1987 in Nigeria. It is a substantial document running which pioneered the use of intervention and target to 361 pages divided into eight sections dealing values), there is internal contradiction elsewhere. with all aspects of environmental management of The more stringent part of the provision states, in oil activities ranging from exploration to terminal section 2.11.3 of Part VIII: operations. “Any operator or owner of a facility that is UNEP’s review examined two specific elements responsible for a spill that results to (sic) of EGASPIN: impact of the environment shall be required to monitor the impacted environment alongside t Part VIIIB, contingency planning for the the restorative activities. The restorative process prevention, control and combating of spills of shall attempt to achieve the minimum oil content oil and hazardous substances, and and other target values (quality levels ultimately aimed for) for BTEX, metals and polycyclic t Part VIIIF, management and remediation of aromatic hydrocarbons (PAHS) in the impacted contaminated land. environment (also See Part VIII F).
For the purposes of this study, the most important (i) For all waters, there shall be no visible oil aspect is the approach EGASPIN takes with sheen after the first 30 days of the occurrence regard to the criteria for clean-up operations of the spill no matter the extent of the following an oil spill. spill
EGASPIN recommends the use of the Risk-Based (ii) For swamp areas, there shall not be any Corrective Action (RBCA) approach pioneered in sign of oil stain within the first 60 days of the United States. However, section 8.1 of Part occurrence of the incidence VIIIF states: “In the interim period whilst suitable parameters are being developed, the guidelines (iii) For land/sediment, the quality levels on remediation of contaminated land shall make ultimately aimed for (target value) is 50 mg/ use of two parameters, i.e. intervention values kg of oil content (See part VIII F).” and target values (Table VIII F1).” Even though EGASPIN was first issued in 1992, the required However, section 6.6 of Part VIII of the EGASPIN guidance for a risk-based approach has not yet states: been developed and the ‘intervention and target values’ approach remains the operating principle “Remedial Action Closure. When Remedial in Nigeria today. Action Treatment has been undertaken and the intervention values (Risk Based Screening EGASPIN defines ‘intervention value’ (8.1.1) as Levels (RBSLs) or Site Specific Target Levels indicating “the quality for which the functionality (SSTLs) if RBCS (Risk Based Corrective System) of soil for human, animal and plant life are, is used) have been demonstrated to be achieved or threatened with being seriously impaired. at the point of compliance, or containment Concentration in excess of the intervention values or institution controls have been installed and correspond to serious contamination”. ‘Target monitoring and site maintenance are no longer value’ (8.1.2.1) is defined as indicating “the soil required to ensure that conditions persist, then quality required for sustainability or expressed in no further action shall be necessary, except to terms of remedial policy, the soil quality required ensure that suitable institutional controls (if any) for the full restoration of the soils functionality for remain in place.” human, animal and plant life. The target values therefore indicate the soil quality levels ultimately This latter section is an incorrect interpretation of aimed for”. A list of intervention and target values is the ‘intervention value’ and ‘target value’ approach provided in Appendix VIII F1 of the EGASPIN. to contaminated site management. Intervention
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Discussions with the DPR clarified that they Making legislation accessible indeed expect the operator to achieve the target Another problem with current Nigerian legislation levels at which a remediated spill site can be closed. is its inaccessibility. Few texts are available online On the other hand, discussions with NOSDRA and many are not easily available even in paper confirmed that they use the intervention values form. In addition, printed copies of legislation, as the closure criteria for sign-off. NOSDRA also such as the ‘Laws of the Federation of Nigeria’, are mentioned that, in their judgement, 5,000 mg/kg extremely expensive and therefore limited to those is a high target and that in their new legislation, able to bear the costs. Moreover, many secondary currently in preparation, this will be lowered to or very recent texts are available only at the issuing 2,500 mg/kg. agency or from the government printing house in Lagos. Inaccessibility of legislation leads not only Resolving the issue to a lack of transparency, but also to a loss of trust It is evident from the above that Nigerian in the legal system. Making legislation readily legislation is internally inconsistent with regard accessible, cheaply and in a variety of forms, will to one of the most important criteria for oil spill help build confidence at all levels. and contaminated site management; specifically the criteria triggering or permitting remediation Review of SPDC’s practices closure. This is enabling the oil industry to and performance legally close down the remediation process well As an oil company with decades of experience before contamination has been fully eliminated in Nigeria, and as part of a larger, international and soil quality has been restored to achieve full organization with global reach, it is not surprising functionality for human, animal and plant life. that the Shell Petroleum Development Company This situation needs to be resolved for the whole of has established procedures for the range of Nigeria, and in particular prior to initiation of the environmental issues resulting from its oil exploration clean-up in Ogoniland. It should be mentioned and production. SPDC is also backed up technically in this context that the Government of The by Shell which provides a broad policy framework Netherlands, which pioneered the intervention with corporate guidelines and specific technical and target value approach, has discontinued assistance through Shell Global Solutions. setting a target value for soil. Since both DPR SPDC procedures and NOSDRA mentioned that they are working on new legislation, it may be opportune to make SPDC has documented procedures on all aspects of fundamental changes. its business management. It was not the objective
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of the current study to undertake a systematic audit SPDC’s approach to remediation of all SPDC procedures and their implementation The SPDC Oil Spill Clean-up and Remediation on the ground. However, in matters where there Procedure (SPDC-2005-005716), the company’s is a direct interface with the environmental main operating document in guiding clean- contamination of Ogoniland, it was important first up activities, was subjected to examination to identify the situation on the ground and then by UNEP. This procedure is based on a Shell to verify whether that situation was a consequence Global Solutions report, ‘Framework for Risk of lack or deficiency of procedures, or laxity in Management of Historically Contaminated enforcement of those procedures. Land for SPDC Operations in the Niger Delta (OG.02.47028)’. The report states: Of the three SPDC procedures dealing with environmental issues – oil spill response, oil “As the crude ages the lighter end will be lost spill clean-up and abandonment – quantitative through natural attenuation processes and as assessment was only possible regarding site clean- a result the viscosity will increase and vertical up. A review of SPDC’s performance in cleaning migration will further decrease. The high water up contaminated sites is given below. table in many locations will also prevent deep infiltration of free product. It is expected therefore In undertaking this review, UNEP did not that any spills within the Niger Delta will proactively look for SPDC-contaminated sites migrate predominantly along the ground surface for assessment. Rather, once the on-the-ground from areas of high topography to areas of low assessment of contaminated sites had been topography. Trial pits have confirmed the shallow completed, the team checked SPDC records to see extent of soil contamination in many SPDC sites.” how many of the sites were classified as ‘remediation completed’. Where this was the case the site was The report was based on a desk study and no field assessed as to whether (i) it was still contaminated work was undertaken. So the trial pits, underlined according to Nigerian legislation and (ii) the site in the above statement, refer to those excavated met with SPDC’s own internally set standards. by SPDC as part of its own vertical delineation
Easily accessible disused wellhead (Bomu 27, Gokana LGA)
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An Ogoniland site showing remediation by enhanced natural attenuation (RENA) of contamination. It is useful to note that SPDC’s 3. For groundwater the document states internal procedures for vertical delineation of that “remediation of impacted potable contamination state: (usable) groundwater shall be undertaken in conformity to the EGASPIN recommended “…trial pit should be excavated to at least 0.5 target level of 10 ppm of dissolved TPH”. metres and no more than 1.5 metres below ground However, there is no location in Ogoniland level (bgl)” where groundwater remediation has been attempted “…hand augering should be down to at least 1 metres bgl and preferably to 2 metres bgl” A number of criticisms can be made of the above approach: As already seen from UNEP’s field sampling, contamination of hydrocarbons has migrated to The RENA approach to remediation. depths of more than 5 metres in some instances. Hydrocarbons, once released to land, can be Hence, Shell Global Solutions’ guidance note transferred and degraded through a number of and the SPDC procedure for vertical delineation natural processes, including: need to be revised to incorporate this new information. t evaporation to the atmosphere t combustion Three points of particular interest in the SPDC document are: t infiltration, alone or along with rainwater, to soil and eventually to groundwater 1. Remediation by enhanced natural attenuation t overflow into swamps and water bodies (RENA) is given as the primary method of remediation of oil-impacted sites t runoff with rainwater to swamps and water bodies 2. Soil remediation criteria are defined and, t microbial degradation on the ground surface, though the document makes provisions for or in soil, swamps, water or groundwater using risk-based screening levels to indicate satisfactory completion of remedial activities The principle of enhanced natural attenuation to acceptable risk levels, a TPH value of 5,000 for clean up of contaminated land is to augment mg/kg (same as the EGASPIN intervention one or more of the above processes so that the value) was validated as the end point concentration of contaminants can be reduced.
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After reviewing contaminated land clean-up out hydrocarbon, which can then run off issues in Nigeria, Shell Global Solutions endorsed into nearby farms, communities, swamps the RENA approach. Hence it is SPDC’s or streams, contaminating a much wider preferred procedure and 100 per cent of oil spill area. Rain falling up-slope can also run remediation in Ogoniland has been undertaken off through the windrows. No measures using the RENA approach. are taken to prevent rainwater from reaching windrows, directly or through Under RENA, contaminated land (topsoil) is runoff, and no systems exist to collect initially ploughed over, either mechanically or runoff before it escapes from the site. manually, to increase aeration. Fertilizer is added Moreover, no system is in place even to to supplement the nutrient requirements of the monitor whether this is happening bacteria as they break down the pollutants. The ploughed soil is then piled into neat windrows to (iii) Soil remediation occurs in situ with no further enhance the aeration process. Samples are impermeable layer to prevent infiltration taken from the windrows every quarter and once of oil, either by itself or with water, the SPDC specification of 5,000 mg/kg of TPH into the subsoil and then into the is reached, the windrows are levelled. groundwater. There is no monitoring of this issue
The implicit assumption in the RENA approach applied by SPDC is that the natural process 2. Not all hydrocarbons are amenable to being enhanced is bioremediation. All enhancing bacterial biodegradation, rendering the actions, whether ploughing, adding nutrients process unfeasible in situations where: or windrowing, are applied to further natural (i) hydrocarbons are too toxic for the biodegrading processes. In an ideal situation this bacteria, and/or too recalcitrant for approach is scientifically defendable. However, biodegradation and/or present in too the reality on the ground in Ogoniland speaks high a concentration otherwise. The RENA process is failing to achieve either environmental clean-up or legislative (ii) fire has occurred on the ground and the compliance. As seen in the analyses and case studies hydrocarbons have been burnt into a presented in this report, it is also failing to achieve crust, mixing bituminous hydrocarbons compliance with SPDC’s own procedures. with clayey soil The case against RENA in Ogoniland. (iii) the soil is very clayey in nature, making The following arguments could be made for oxygen transfer difficult discontinuing the use of RENA as an approach to remediation in Ogoniland: 3. Currently, SPDC undertakes RENA on the land surface layer only, based on the assumption 1. The effects of temperature, rainfall and that given the nature of the oil, temperature and topography hamper the RENA approach at an underlying layer of clay, hydrocarbons will oil-impacted sites because no controls are in not move deeper. However, this basic premise place to manage the following processes: of limiting remediation to the surface soil is not sustainable since observations made by UNEP (i) Oil-impacted sites are open and exposed show that contamination can often penetrate to sun and air, leading to hydrocarbons deeper than 5 metres. The RENA approach, if evaporating and being carried away, using bioremediation as the primary process to risking exposure to on-site workers, be enhanced, will not work at depths below 1 neighbouring communities and nearby metre due to difficulties with oxygen transfer agricultural workers. No air monitoring, on-site or off-site, is undertaken In addition, the UNEP team also noted the following on-site practices which further argue (ii) They are continually exposed to rain, the case against RENA as an appropriate choice which falls on the windrows, leaching for site remediation:
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4. Trenches cut from RENA sites to nearby water runoff, infiltration and other processes, and (ii) courses preferentially channel away spilled oil monitoring and supervision.
and runoff SPDC clean-up specifications 5. In practice the top 1 metre of topsoil is not being tilled and mixed properly. Only the top The second most important element of SPDC 15-20 cm of soil is dug out and piled onto procedures, after the primacy given to RENA, is unploughed soil, so while the windrow may the recommended values for clean-up. appear to be 30-40 cm high (i.e. the top of the windrow is 30-40 cm above the bottom SPDC uses 5,000 mg/kg TPH as its remediation of the excavated area), the depth of soil that criterion for soil. While no specific reason has been has been broken down is, in fact, only 15-20 given for choosing this value, it was the assumption cm, thus also limiting any bioremediation to of NOSDRA that the value was taken from the those 15-20 cm. EGASPIN intervention value of 5,000 mg/kg. There are enough theoretical and practical As discussed previously, the EGASPIN document, reasons to recommend discontinuation of the which forms the basis for the SPDC procedure, RENA approach in Ogoniland for cleaning suffers from issues of internal inconsistency. up contaminated land. While bioremediation In one section the legislation defines a ‘target or enhancing natural processes are workable value’ of 50 mg/kg TPH as the desired end approaches to achieving clean-up, they should point for restoration after oil spill, while in a only be adopted after proper characterization section on remediation of contaminated land an of affected sites, with adequate provision made ‘intervention value’ of 5,000 mg/kg TPH is given for (i) controlling transfers of oil off-site due to for remediation closure.
A trench made from a RENA site to a nearby watercourse (Bodo West, Bonny LGA). The fluid in the channel is degraded crude oil
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During the early phase of discussions with SPDC, 4ABLE 30$# SELECTION CRITERIA FOR UNEP was informed that the remediation close- APPOINTING REMEDIATION CONTRACTORS out value of 5,000 mg/kg TPH set by SPDC was Description Maximum Minimum not drawn from the EGASPIN but was based on a score (%) score (%) risk assessment. If this was a corporate decision, it is Past performance not stated as such in the SPDC documentation, nor Regulatory certification of 10 6 is it communicated to the authorities as required completed site by EGASPIN. However, the SPDC procedure does HSE performance or (HSE 63 mention the guidance provided by the Shell Global plan in case of new vendors) Solutions document mentioned above. Managerial competence 4 2 Nigerian content 53 Development of contaminated site clean-up criteria development based on health risk assessment was first proposed HSE record by the American Society for Testing of Materials Leadership and commitment 8 5 (ASTM) ‘Standard Guide for Risk-Based Corrective Toolbox documentation 5 3 Action Applied at Petroleum Release Sites’ [41]. The Manpower resources & 74 basic philosophy of this approach is to model potential competence assurance exposure of a sensitive receptor to hydrocarbon Hazards & effects 10 6 contamination through viable pathways. A target management level of contamination in the environment is set Timely service delivery based on acceptable exposure of the receptor. This Adequate manpower 10 6 approach has many merits as it makes the decision Financial capability 8 6 more objective and more resource efficient. However, Technical competence 5 2 in developing a risk-based screening level of 5,000 Management of community mg/kg TPH, applicable to all sites in the Niger Delta, issues the following key issues have been overlooked: Evidence of previous work in 53 the community/a community 1. The varied geology of the Niger Delta differs Knowledge of community 74 significantly over short distances. Applying a sensitivities uniform set of input data parameters (e.g. soil Evidence of successful 10 7 organic matter) across all sites is therefore not completion appropriate unless the sensitivity of clean-up levels Total 100 60 to such generic inputs is properly considered.
2. Different countries have different thresholds 3. There are scientific uncertainties as to what for policy-driven parameters, such as acceptable constitutes a reasonable health criteria value for additional cancer risk. Thresholds ranging from a pollutant. A decision on what is appropriate 1 per 10,000, to 1 per 1,000,000 people have for Nigeria should not be taken in isolation, been used. WHO guidelines are based on 1 without consultation, and without explaining per 100,000. Shell Global Solutions has used what impact it may have on the clean-up the acceptable risk threshold of 1 per 10,000 criteria. as there was no applicable national legislation. However, this was done without consulting It is recommended that SPDC works with the the national authorities and explaining the Nigerian regulators to clarify the paradox of likely impact on clean-up criteria. For example, remedial intervention and target values being the using a risk threshold of 1 per 100,000, as used same. They should also agree on a consultative by WHO, would have resulted in a clean-up approach to setting site-specific clean-up values. threshold of 500 mg/kg in some instances. This lower threshold would have needed a different The final point of interest concerning the SPDC technological approach to clean-up and would documentation is their selection criteria matrix for have significantly increased the costs of clean- appointing contractors to undertake remediation up to the company. work (see Table 33).
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Flare arrangements at disused flow station
Two issues are instructive here: (i) ‘technical t Incidences of poor clean-up leading to secondary competence’ in the table represents just 5 per cent clean-up before remediation were prevalent of the potential score allocated; and (ii) the relative (meaning that the first clean-up after the oil importance assigned to past performance in spill was not appropriate or adequate and obtaining a ‘regulatory certification of completed necessitated a second clean-up before the RENA site’ compliance versus technical competence. approach could be initiated at the site)
In its ‘Execution Strategy for Oil Spill Response, SPDC Remediation Management System. In Clean-up and Remediation of Impacted Sites in January 2010, a new document, ‘Remediation East and West’, SPDC identifies some of the major Management System’ (RMS), was adopted by all weaknesses of its old strategy [42]. The following Shell Exploration and Production Companies were some of the observations made in 2007: in Nigeria (SEPCiN) [43]. A revised version of this document was made available to UNEP in t Lack of timely and effective oil-spill containment and recovery were identified as the major causes January 2011. As the document only came into of escalated spread of spills in the environment force recently, the SPDC sites assessed by UNEP and consequently higher clean-up costs were not managed according to the RMS and no direct comparisons between the previous and new t Clean-up cost estimates were based on the system have therefore been possible. However, estimated volume of a spill and the estimated the document is reviewed here with a view to area of impact prior to recovery of the free- understanding the key changes and to consider, if phase product. Thus the actual area requiring the new system were to be implemented, whether clean-up was often exaggerated, which past attempts at remediation would have been translated into exaggerated cost estimates different and whether the new procedure would improve things in the future. t No process was put in place to ensure that resources paid for in contracts were actually The following are the key changes from the provided and utilized previous remediation procedure:
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t The RMS has set a TPH value of 3,000 mg/ in situ RENA as it recognizes both infiltration kg as the cut-off value for completion of and runoff from contaminated soil as issues to remediation work, as against the former value be addressed. However, the new approach still of 5,000 mg/kg has major limitations that are not acknowledged in the document. Since no practical application t An ex situ RENA approach has been proposed, of the RMS has been observed in Ogoniland, making use of a high-density polyethylene the conformity of provisions in the RMS with (HDPE) membrane to prevent contamination situations on the ground could not be verified. of the location where the ex situ remediation is undertaken. The previous document had no In the ex situ RENA approach (Figure 13), a 400- provision for ex situ RENA and the possibility mm thick layer of clean sand (or clay/lateritic that hydrocarbons may infiltrate to lower layer) is placed over the HDPE liner as a treatment layers was not considered a process risk layer (prescribed in a cross-sectional diagram in the RMS document). This layer will invariably t A leachate collection system has been become contaminated either through infiltration of proposed in the ex situ RENA process. In the leachates or during mixing of the contaminated soil previous system no cognizance was given to for aeration. It is not evident from the procedure the possibility of leaching of hydrocarbons if, at the end of the treatment cycle, this layer will through runoff stay in place or be removed and disposed of along t The RMS brings sediments and groundwater with the contaminated soil. If the treatment bed is into the purview of the materials to be removed with every cycle (which will be necessary remediated. with a sand base), the volume of contaminated material will increase during the treatment process, It is clear that SPDC has been learning internal diluting the actual contaminant and making it lessons regarding clean-up. The changes proposed possible to achieve the clean-up target value without in the RMS are certainly an improvement on the having achieved full clean-up. On the other hand, if existing situation. However, they do not meet the the layer of sand is left in place for multiple cycles, local regulatory requirement or international best quite how the layer will be treated once the site practices, as elaborated below. clean-up is over is not elaborated. In both cases, further refinement and clarifications are needed. Remediation close-out value. The RMS sets a new remediation intervention value of 3,000 mg/kg Leachate management. The ex situ RENA TPH to demonstrate commitment to remediation approach has a leachate collection system, but the excellence. This compares to the EGASPIN approach taken to managing the collected leachate intervention value of 5,000 mg/kg TPH and is is to put it back on the treatment bed. Since presented as the company doing “more than” the Nigeria experiences heavy rainfall, relying solely legislation requires. However, as elaborated in earlier on the treatment bed to manage leachate will be sections, the use of an ‘intervention value’ as the hampered by flooding of the treatment area, thus ‘target value’ for remediation close-out is not in line jeopardizing the treatment itself and causing runoff with EGASPIN philosophy and its interpretation by into adjoining areas, and negating the benefit of DPR. The proposed SEPCiN value, while certainly introducing a leachate collection system. In order an improvement on the previous value, does not to achieve the desired objectives, a separate leachate represent full compliance. Expert-level discussions monitoring, treatment and disposal system integral are needed between DPR, NOSDRA and the oil to the treatment unit is needed. companies to arrive at a technologically feasible target value. These discussions should include post- Management of sediments and groundwater. clean-up use of the remediated site (e.g. human use, While the opening part of the RMS mentions that wildlife site, linkages to wetland) – in other words, the document covers treatment of sediments and a risk-based approach. groundwater, these topics are not in fact elaborated.
Ex situ RENA approach. Conceptually, the ex It clear from the review of the new RMS that situ RENA approach is an improvement over SPDC has been trying to address some of the
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&IGURE 0ROPOSED CROSS SECTION OF A CONTAINMENT BIO CELL 2EF 30$# REMEDIATION MANAGEMENT SYSTEM CELL ;=
SPDC procedures for oil spill clean-up and remediation need to be fully reviewed and overhauled
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A typical spill site within Ogoniland, many of which remain unaddressed for long periods of time
Once these actions have been achieved, contami- The oil industry often cites access restrictions placed nation of the site should be assessed and the clean- by the community as reason for the delay between up process initiated. the reporting of an incident and addressing it. While this may be true in the early days of the The UNEP project team visited a number of spill, the time-lag between the spill event and the locations with recent spills. One observation site being comprehensively cleaned up shows that made consistently through the entire survey was issues of access are not the sole cause of delays. In that there was always a time-lag between the addition, the substandard approach to containment spillage being observed and dealt with. In the and the unethical action of channelling oil into worst case situations, standing oil left on the creeks cannot be laid at the door of community. ground posed an imminent safety hazard and an ongoing environmental hazard. It was not Loss of control. Various factors at a spill location, possible at these locations to say how long these if not properly attended to by the oil operator, pools had been standing. Nor was it possible to can lead to loss of control. Ogoniland has very ascertain whether the source of the spill had been high rainfall and though there is a so-called rainy shut off or was continuing to leak oil. All these season, it rains virtually every month. Any delay factors increase percolation of hydrocarbons into in cleaning up an oil spill will lead to oil being permeable ground surfaces. washed away by rainwater, traversing communities and farmland and almost always ending up in the Where the oil operator appeared to have taken creeks. At a number of locations it was evident intervention measures, such as laying a skirt that fire had broken out following the oil spill. boom or absorbent boom to contain the spill, Where oil is standing, it evaporates, creating a the equipment used was often observed to be in flammable mixture that can easily ignite. Standing poor condition, rendering it ineffective. In such oil also percolates into soil and kills vegetation, cases, pollution continued to spread well past which itself becomes a combustible fuel, further containment points. increasing the risk of fire.
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Issues of contamination and ensuing environmental damage are consequences of oil industry operations that are impacting the health, welfare and livelihoods of the Ogoni community © Mazen Saggar
UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
environmental damage are consequences of oil Assessment of industry operations that are impacting the health, Vegetation, Aquatic and welfare and livelihoods of the Ogoni community. If sustainable environmental improvement and, Public Health Issues indeed, sustainable development of Ogoniland are to become a reality, the issues discussed in this Chapter 4 dealt with site-specific land contamination chapter need to be addressed concurrently with issues where the focus was on soil and groundwater clean-up of contaminated sites. contamination. Sites were assessed on a case-by- case basis, where it was often possible to pinpoint the source of the contamination and identify 5.1 Impact of oil on tide- the operator responsible for clean-up. Soil and dominated delta swamps groundwater contamination is a regulated issue in and mangroves Nigeria and operators have procedures in place to manage such incidences. Mangrove ecosystems, together with seagrasses and coral reefs, are among the world’s most productive In this chapter, contamination of non-site specific natural ecosystems. They are characterized by a environmental media, such as air and surface dynamic equilibrium between flooding, erosion water, is discussed, as is the fate of receptors and sediment deposition and are adapted to such as human beings, fish and mangroves, frequent changes in the shoreline. The mangrove all of which can receive pollution from more trees and bushes are keystone species of central than one source. As pollution incidents are importance for brackish wetland ecosystems diffuse, responsibility cannot be assigned to a and the terrestrial and aquatic organisms which single event or single operator. In the specific inhabit them. Consequently, mangroves are context of Nigeria, ambient environmental not just ecologically significant but are critical monitoring and compliance are not well regulated. to the livelihood and food security of the delta However, issues of contamination and ensuing community. © MAZEN SAGGAR Ogoni people live with contamination of air and surface water every day
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seismic lines
Seismic lines at Ogu Bolo, November 2010
In addition to its productive functions, increasingly The red mangroves (Rhizophora spp.) are by far the other ecosystem services of mangroves are being most abundant. R. racemosa is the most common understood. Key among these is protection and tallest of the genus, reaching a height of up against storm surges and smaller Tsunami waves. to 40 metres in favourable conditions, but often A comprehensive review of the mangroves in forming shrubby tangles up to 10 metres high, Western and Central Africa, including their with stilt roots – tall arching roots originating crucial importance to the livelihood in that from trunks and branches which supply air to region is presented in a recent publication from the underlying roots and provide support and UNEP [44]. The following sections provide some stability. It fruits at most seasons and the wood is information relating to Ogoniland. very hard, suitable for durable construction poles and firewood of high calorific value. R. racemosa A number of species typical for mangrove is a pioneer species and has a high salt tolerance, ecosystems found in West Africa occur in colonizing the mud on the outermost fringes of Nigeria: Acrostichum aureum (an introduced erect, vegetation between high and low tide. As the mud mangrove fern from the neotropics), Avicennia dries out closer to land, it disappears. germinans, Conocarpus erectus, Laguncularia Lasting impressions of seismic surveys racemosa, Rhizophora mangle, Rhizophora harrisonii, Rhizophora racemosa and the mangrove palm Nypa Oil exploration activities started to have an impact fruticans. All were found in Ogoniland during on the Niger Delta vegetation even before a well UNEP’s fieldwork, with the exception of C. erectus was drilled or oil produced, and the footprint left and R. harrisonii, although in all likelihood both by seismic surveys over 50 years can still be seen. are present. In addition, Raphia spp. and Phoenix Though not extensive in scope or devastating in reclinata are present as mangrove associates. nature, it is instructive to note that even decades
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 155 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND after this disturbance, natural processes have not influx of freshwater to mangrove communities, may yet managed to close the gap created by the seismic lead to degradation and ultimaltely destruction of lines. Some reports state that oil industries continue the mangrove community [46]. to keep the seismic lines open for future use [45]. Seismic lines may make the interior of some While no dredging was seen to be taking place in wetland areas more accessible, potentially leading the creeks around Ogoniland during the UNEP to further degradation. assessment period, evidence of dredging can be seen from satellite images. Channels that have been Impact of dredging dredged or widened and the resulting spoil are all clearly evident in satellite images even now, decades The large number of meandering water courses after the dredging operation. makes access to oil exploration and production sites difficult in delatic region. The development Without proper rehabilitation, former mangrove of oilfield infrastructure in the mangrove zones areas have been converted to bare ground which therefore requires dredging and/or vegetation eventually may become colonized by invasive species clearance and the creation of canals to open such as nipa palm. The impacts of dredging on navigable routes. During dredging, soil, sediments mangroves are far reaching because it affects almost and vegetation along the access route of the all components of the ecosystem, including the proposed site are removed and typically disposed of mangrove vegetation itself, benthic invertebrates, over banks, in most cases upon fringing mangroves, fisheries, plankton, wildlife, soil, sediment and water and then abandoned (Map 17). The abandonment quality – and ultimately the local communities who of the resulting dredged material has a number of depend directly on the rich mangrove ecosystem for environmental impacts. These include smothering of their subsistence [47, 48]. fringing mangroves, alteration of surface topography and hydrology, acidification, accumulation of heavy Impact due to physical disturbance metals and water contamination, which together in the Niger Delta have resulted in damage to vegetation Mangroves in the creeks around Ogoniland have and killing of fish [45]. Importantly, hydrological been very badly affected by physical disturbance, changes, such as increased salinity or lack of regular both through increasing use of the mangrove
A right of way more than 30 metres wide cut through mangroves
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-AP 3ATELLITE IMAGE SHOWING DREGDGING "ODO 7EST "ONNY ,'! ELEME °
TAI
GOKANA OGU/BOLO
Dredged channels
OKRIKA
BONNY
ETCHE
OBIO/AKPOR OYIGBO
ELEME TAI
OKRIKA KHANA OGU/BOLO GOKANA
Satellite : Landsat Acquisition date : 1986 © Nasa BONNY Meters DEGEMA ANDONI 0 1 300 2 600
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Impact due to oil pollution The impact of oil on mangrove vegetation in Ogoniland has been disastrous, as was evident to the UNEP team during an early reconnaissance mission along the creeks. Impacts vary from extreme stress to total destruction. In the most impacted areas, only the roots of the mangroves remains, with no stems or leaves. The roots are completely coated in oil, sometimes with a 1 cm or more thick layer of bituminous substance. The pollution has accumulated over a very long period, perhaps over decades.
Mangroves coated with oil will probably die From a typical GC fingerprint of the hydrocarbon coating the mangrove roots (Figure 14), it can be seen that the hydrocarbon is highly degraded with Mangroves roots heavily coated by a thick layer extensive depletion of low molecular mass alkanes of bituminous material (Bodo West, Bonny LGA)
&IGURE '# lNGERPRINT OF HIGHLY WEATHERED OIL COVERING MANGROVE ROOTS
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-AP ! SATELLITE IMAGE SHOWING A RIGHT OF WAY IN MANGROVES "ODO 7EST "ONNY ,'! °
W BODO WEST-001
Right of Way
W BODO WEST-004
W Right of Way BODO WEST-010
W BODO WEST-002
W BODO WEST-005
ETCHE Satellite image detail Metres OBIO/AKPOR 0100200 OYIGBO W Datum: WGS 84 WELLS Projection: UTM Zone 32N ELEME TAI )" Manifold #* FlowStation OKRIKA KHANA Satellite : WorldView-2 OGU/BOLO NNPC Pipeline GOKANA Acquisition date : 02/01/2011 Crude © DigitalGlobe Refined product T Oil Pipe in operation BONNY DEGEMA ANDONI UNEP 2011
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Nipa palm competing with native mangrove (Imo River, Khana LGA)
In estuarine areas where the water is calmer Bonny and the shoreline of the Imo estuary and where there is regular inflow of freshwater (up to 25 km upstream from the open sea) are and nutritious silt, nipa palm, an invasive alien particularly infested [49], thereby drastically mangrove species from the Asia-Pacific region, changing the physiognomy of the mangrove becomes more abundant. The plant has a forest. Nipa was introduced into eastern Nigeria horizontal trunk which grows beneath the ground, in 1906 and has since invaded extensive intertidal the leaves and flower stalk growing upwards above areas in the four coastal states, including Rivers the surface to a height of up to 9 metres. The State, where more than 200 square kilometres plant’s habit of growing from underground stems (over 10 per cent) of the mangrove zone have results in almost pure stands of nipa palm. It can been taken over by nipa palm [50]. tolerate infrequent inundation as long as the soil does not dry out for too long. Nipa is not utilized by local communities in Nigeria [44] and is regarded as a “nuisance palm” because Any disturbance of the mangrove ecosystem favours it lacks economic potential. Visual observations at this opportunistic plant, which propagates itself multiple locations indicated that the plant is more prodigiously, either by vegetative reproduction or resilient to hydrocarbon pollution than native through floating seeds. Red and white mangroves mangrove species. If measures are not taken to are progressively being outcompeted and replaced stem the severe oil pollution, nipa has the capacity by nipa and monospecific stands can be found to overwhelm the native vegetation, thus making inland as far as the tide can deposit seeds, which entire wetland areas economically less useful to may even germinate as they float. The area around local communities.
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Case study 8 Artisanal refining of crude oil at 020-001 Bodo West oilfield, flow station and manifold
4HERE ARE HUNDREDS OF LOCATIONS IN THE /GONILAND CREEKS WHERE PEOPLE UNDERTAKE ILLEGAL RElNING OF CRUDE OIL EVERY DAY AS SHOWN BY THE THICK BLACK SMOKE THAT EMANATES FROM THE RElNERY SITES 3INCE THE PRACTICE IS ILLEGAL ON THE GROUND OBSERVATIONS WERE IMPRACTICAL WITHIN THE SECURITY CONSTRAINTS GOVERNING THE 5.%0 STUDY (OWEVER IT WAS DECIDED TO INVESTIGATE ONE LOCATION n ADJACENT TO THE 30$# "ODO 7EST mOW STATION n IN ORDER TO GAIN A MORE EXACT UNDERSTANDING OF THE ENVIRONMENTAL IMPACT OF THIS ACTIVITY 4HIS SITE WAS CHOSEN BECAUSE I IT WAS ACCESSIBLE II THE OPEN NATURE OF THE SITE MEANT THAT IT COULD BE SURVEYED EFFECTIVELY III THERE WAS MORE THAN ONE ESCAPE ROUTE FROM THE SITE IN THE EVENT THAT EVACUATION BECAME NECESSARY ON SECURITY GROUNDS AND IV OBSERVATIONS OF ASPECTS OTHER THAN THE PRACTICE OF ARTISANAL RElNING COULD BE MADE !RRANGING A lELD VISIT TO "ODO 7EST WAS LOGISTICALLY COMPLEX REQUIRING PERMISSION AND SUPPORT FROM THE LOCAL POLICE AS WELL AS THE NAVY 4HE TEAM THAT ENTERED THE SITE HAD TO BE VIGILANT AND IN CONSTANT RADIO CONTACT WITH A SUPPORT TEAM AT "ODO *ETTY SHOULD ADDITIONAL ASSISTANCE HAVE BEEN REQUIRED Site description. 4HERE ARE WELLS IN WATER AND A mOW STATION ON LAND AT "ODO 7EST ! PIPELINE CONNECTING TO A TRUNK LINE WAS LAID TO CARRY CRUDE OIL FROM THE SITE 2EMNANTS OF THE mOW STATION BUILDING AN ABANDONED LANDING JETTY AND A SMALL NUMBER OF VESSELS ARE ALL STILL PRESENT !LTHOUGH THE FACILITY HAD BEEN ABANDONED THE SITE DID NOT APPEAR TO BE FULLY DECOMMISSIONED 4HE SITE IS ENTIRELY OPEN WITH A CONCRETE PAD POSSIBLY THE REMAINS OF AN OLD BUILDING WHICH PROBABLY EXPLAINS WHY THE SITE IS A POPULAR LOCATION FOR ARTISANAL RElNING Spill history. /IL SPILLS IN THIS AREA WERE NOT REPORTED TO 5.%0 BY 30$# EITHER ON THE LAND ON WHICH THE mOW STATION AND THE MANIFOLD ARE SITUATED OR AROUND ANY OF THE WELLHEADS Visual observations on site. 0HOTOGRAPHS BELOW SHOW THE "ODO 7EST OILlELD NEAR THE FORMER mOW STATION AREA "ROWN OIL SLICKS AND OILY SHEENS CAN BE SEEN ON THE WATER
Bodo West oilfield: artisanal refineries are indicated by arrows
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Bodo West artisanal refining location showing UNEP investigated area
4HE AREA WAS VISITED FOR SOIL SAMPLING ON .OVEMBER -OST OF THE SURFACE AREA WITHIN THE INTERTIDAL ZONE n THE AREA EXPOSED TO THE ATMOSPHERE DURING LOW TIDE AND COVERED BY WATER AT HIGH TIDE n WAS COVERED BY OIL SLICKS )N THE MAIN AREA OF INVESTIGATION TRACES OF ARTISANAL RElNING COULD BE SEEN AND WEEKS AFTER THE CLOSE DOWN OF THESE ACTIVITIES CRUDE OIL WAS FOUND STORED IN A COLLECTION PIT &IGURE
/N HIGHER GROUND AN AREA OF APPROXIMATELY SQUARE METRES HAD BEEN PREPARED FOR WHAT APPEARED TO BE ENHANCED BIOREMEDIATION OF THE UPPERMOST LAYER OF SOIL 7INDROWS WITH A HEIGHT DIFFERENCE OF APPROXIMATELY METRES IE METRES EFFECTIVE DEPTH HAD BEEN FORMED 5NCONTAMINATED SAND SHOWED A WHITISH GREY COLOUR WHEREAS HEAVILY CONTAMINATED AREAS WERE DARK BROWN 7ITHIN THE INTERTIDAL ZONE mOATING OIL FORMED A SURFACE LAYER AND A SMALL TRENCH HAD BEEN EXCAVATED TO CHANNEL THE OIL DIRECTLY INTO THE CREEKS 7HILE THIS APPEARED TO BE 30$# CONTRACT ACTIVITY THE CONTEXT OF THE REMEDIATION WORK WAS NOT CLEAR TO 5.%0
4HREE GROUNDWATER WELLS WERE FOUND ON THE SITE ALL OF WHICH WERE SUCCESSFULLY SAMPLED VIA SMALL OPENINGS IN EACH OF THE COVERS INTO WHICH A BAILER WAS INSERTED TO EXTRACT THE WATER SAMPLE
4HE AREA OF ARTISANAL RElNING BORE THE TYPICAL FOOTPRINT OF THE PRACTICE A PIT FOR STORING THE CRUDE OIL AND A lRE PIT WITH MOUNDS OF RAISED SOIL ON EITHER SIDE OVER WHICH THE STILL FOR RElNING THE CRUDE IS PLACED 4HE THIRD COMPONENT OF ARTISANAL RElNING n THE DRUMS OR TANKS IN WHICH THE RElNED PRODUCT IS STORED n WAS ABSENT
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Sample analyses. &OUR BOREHOLE SAMPLES AND THREE COMPOSITE SAMPLES OF SOIL WERE TAKEN FROM THE AREA IN AND AROUND THE RElNING LOCATION 4HE COMPOSITE SAMPLES WERE FROM THE FOLLOWING LOCATIONS
s 4HE AREA WHERE RElNING WAS ACTUALLY UNDERTAKEN n TYPICALLY ABOVE THE HIGH TIDE MARK #
s 4HE AREA ADJACENT TO THE RElNING AREA WHERE THE WASTE OIL mOWED OUT n THIS AREA WAS INTERTIDAL AND THUS FREQUENTLY INUNDATED BY WATER #
s 4HE CHANNEL ADJACENT TO THE RElNING AREA n WHICH WAS mUSHED DAILY BY TIDAL ACTIVITY #
)N ADDITION SAMPLES WERE COLLECTED FROM THE CRUDE OIL STORAGE PIT
4ABLE GIVES A SUMMARY OF 5.%0S SOIL AND GROUNDWATER INVESTIGATIONS AT "ODO 7EST
4ABLE 3UMMARY OF SOIL AND GROUNDWATER INVESTIGATIONS AT THE "ODO 7EST ARTISANAL RElNERY SITE UNEP site code qc_020-001 Site name Bodo West LGA Bonny Site description Artisanal refining Number of soil samples 16 Number of ground water samples 3 Deepest investigation (m) 3.30 Maximum soil TPH (mg/kg) 33,200 Number of soil measurements greater than EGASPIN intervention value 6 Deepest sample greater than EGASPIN intervention value (m) 3.00 Maximum water TPH (μg/l) (CL samples) 399 Presence of hydrocarbons in surface water (CL) yes Number of soil measurements below 1 m 13 Number of soil measurements below 1 m greater than EGASPIN intervention value 4
Remnants of the artisanal refinery (Bodo West, Bonny LGA). The locations at which artisanal refining has been carried out present a picture of total environmental devastation
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4HE FOLLOWING OBSERVATIONS CAN BE MADE FROM THE ANALYSIS OF THE COMPOSITE SAMPLES s )N THE RElNING AREA ITSELF WHICH IS RESTRICTED TO THE SHORE AREA ABOVE THE HIGH TIDE MARK THE CONTAMINATION IS VARIABLE 7HILE A PIT FULL OF CRUDE OIL AND A HIGH CONCENTRATION OF MGKG 40( WAS OBSERVED WITHIN THIS AREA THE AVERAGE CONCENTRATION WAS ONLY MGKG 40( 4HUS THE AREA IS CONTAMINATED HEAVILY BUT NOT UNIFORMLY s )N THE AREA PERIODICALLY WASHED BY THE TIDE THE SPREAD OF POLLUTION IS MORE UNIFORM AND HEAVY ! VALUE OF MGKG 40( WAS OBSERVED IN THIS AREA 4HIS NUMBER GAINS SIGNIlCANCE WITH THE REALIZATION THAT THOUSANDS OF HECTARES OF LAND IN THE INTERTIDAL AREA APPEAR TO BE SIMILARLY CONTAMINATED AT LEAST ON THE SURFACE s 4HE SOIL SAMPLE TAKEN FROM THE CHANNEL REGULARLY mUSHED BY TIDAL WATER CONTAINED MGKG OF HYDROCARBONS .ATURAL WASHING OF THE SOIL IS AT PLAY HERE AND THIS PARTIALLY EXPLAINS THE EVER PRESENT LAYER OF HYDROCARBON ON THE WATER SURFACE General conclusions. 4HE LOCATIONS AT WHICH ARTISANAL RElNING IS n OR HAS BEEN n CARRIED OUT PRESENT A PICTURE OF TOTAL ENVIRONMENTAL DEVASTATION 7ITH FRESH CRUDE OIL STORED ON LAND IN SANDY PITS HYDROCARBON CAN MIGRATE IN ALL DIRECTIONS $AMAGE TO THE SOIL AT THE RElNERY SITE ITSELF IS BUT A SMALL PORTION OF THE OVERALL ENVIRONMENTAL FOOTPRINT CAUSED BY THE RElNERY 4HE OIL WHICH ESCAPES FROM THE RElNING PROCESS DURING TRANSPORT STORAGE OR RUNOFF mOWS INTO OPEN WATER 'IVEN THE "ODO 7EST OILlELDS POSITION IN A mAT TIDALLY INmUENCED AREA SPILLED OIL CAN SPREAD ACROSS MANY SQUARE KILOMETRES DEPOSITING OIL SLICKS OVER DOWNSTREAM MUDmATS AND MANGROVE SWAMPS ON AN EBBING TIDE AND PICKING UP AND DISTRIBUTING OIL SLICKS UPSTREAM ON AN INCOMING TIDE Proliferation of artisanal refining in Bodo West
$URING THE REMOTE SENSING ANALYSES OF THE /GONILAND UNDERTAKEN CONCURRENT TO THE lELD WORK IT WAS OBSERVED THAT THERE IS A VERY RAPID PROLIFERATION OF THE RElNING ACTIVITY IN /GONILAND IN THE PAST TWO YEARS )N ORDER TO UNDERSTAND THE EXTEND OF THIS ACTIVITY A DETAILED REMOTE SENSING ANALYSES OF THE AREA AROUND THE "ODO 7EST OIL lELD WAS UNDERTAKEN )T MUST BE STATED IN ADVANCE THAT THE OBSERVATIONS MADE FOR THIS AREA IS TYPICAL OF THE NEARBY AREA BEYOND THE OILlELD ITSELF AND LIMITING THE STUDY BOUNDARY TO "ODO 7EST WAS BASED PRIMARILY ON THE AVAILABILITY OF THE SATELLITE IMAGES NEEDED TO UNDERTAKE SUCH AN ASSESSMENT &OR PURPOSE OF ILLUSTRATING THE DAMAGE A RECTANGULAR AREA ENCLOSING ALL THE OIL WELLS IN "ODO 7EST WAS SELECTED TOTAL AREA OF HECTARES 4HE LAND USE CLASSES ARE DESCRIBED IN 4ABLE -AP SHOWS THE LAND USE CHANGES IN THIS AREA BETWEEN AND 4WO CHANGES STAND OUT !PPEARANCE OF A NEW LAND USE CLASSIlCATION hARTISANAL RElNINGv 3UCH LOCATIONS ARE ALWAYS ON THE EDGE OF THE WATER BODY
4ABLE ,AND USE CLASSIlCATION FOR SATELLITE IMAGE ANALYSES Classification Description Mangrove In mangrove and was mangrove Mangrove, open Natural areas with open mangrove canopies (on very slightly higher ground which are distinctive and have not changed Mangrove, dead Vegetation, or part of, still in place, but no photosynthetic activity Mangrove, degraded What was mangrove but now degraded Vegetation on Vegetation the slightly raised areas of dredged soil dredged soil Bare soil, dry The very bright slightly raised areas, both dredged spoils not covered by vegetation and roads Bare soil/mud falt, The darket soils with generally no or little vegetation, this includes rights of ways and areas moist which were previously mangroves Artisanal refineries The burnt/black areas, previously vegetation on raised and dredged spoils Industrial Areas cleared by oil industry for its facilities such as flow stations
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4ABLE #HANGE IN VARIOUS LAND USE CLASSED BETWEEN AND FOR "ODO 7EST "ONNY ,'! Landuse Class Area 2007 (m²) Area 2011 (m²) Change Artisan refining 0 110,503 110,503 Bare soil 47,442 49,199 1,757 Bare soil / mud flat, moist 31,829 31,829 0 Coast / water interface 38,411 46,690 8,279 Industrial 18,157 18,157 0 Mangrove 3,658,938 3,347,663 -311,274 Mangrove degraded 381 307,762 307,381 Mangrove, open 74,999 40,327 -34,672 Mud flat / dead mangrove 6,743 25,671 18,928 Vegetation on dredged soil 272,108 171,206 -100,902 Water 914,559 914,559 0
3UBSTANTIAL INCREASE IN THE CLASSIFICATION hDEGRADED MANGROVESv 4HE QUANTITATIVE STATISTICS ARE PROVIDED IN 4ABLE )T CAN BE SEEN THAT THERE IS A PER CENT REDUCTION IN THE AREA OF HEALTHY MANGROVES WITHIN A PERIOD OF FOUR YEARS AND AS NOTED IN SECTION MUCH OF THIS CHANGE HAS HAPPENED SINCE )F LEFT UNCHECKED THIS MAY LEAD TO IRREVERSIBLE LOSS OF THE MANGROVE HABITAT IN THE AREA ,OSS OF MANGROVES NOT ONLY HAS ECONOMIC IMPACTS FOR INSTANCE LOSS OF TIMBER PRODUCTION IT ALSO HAS SERIOUS ENVIRONMENTAL CONSEQUENCES $EAD OR DYING MANGROVES COATED WITH OIL NO LONGER PROVIDE A HEALTHY HABITAT FOR lSH OR OTHER AQUATIC LIFE CAUSING CATASTROPHIC COLLAPSE OF AQUATIC FOOD CHAINS AND MARINE BIODIVERSITY !S lSHING IS A MAJOR LIVELIHOOD ACTIVITY IN /GONILAND AND .IGER $ELTA IN GENERAL DESTRUCTION OF MANGROVES WILL LEAD TO COLLAPSE OF lSHERIES )N ADDITION AS MANGROVES DIE BACK AND THEIR ROOTS DECAY THEIR BINDING EFFECT IS LOST AND SEDIMENT IS EXPOSED TO EROSION LEADING TO RECEDING SHORELINES ; = /THER EFFECTS ARE CHANGES TO NAVIGABLE CHANNELS AND CHANGES TO THE HYDROLOGY OF AN ENTIRE AREA )F THIS TREND HAS TO BE REVERSED THE PRACTICE OF ARTISANAL RElNING MUST BE BROUGHT TO A SWIFT END !RTISANAL RElNING OF CRUDE OIL IS NOW A LARGE SCALE ACTIVITY ACROSS THE .IGER $ELTA AND ITS MASS OF INTERCONNECTED CREEKS Visible hydrocarbon pollution on surface water in #LOSING DOWN ONE OR ALL OF THESE RElNERIES IN /GONILAND Bodo West, November 2010 WILL NOT LEAVE THE CREEK WATERS FREE FROM OIL !RTISANAL RElNING IS THE OUTCOME OF A COMPLEX SOCIAL ECONOMIC AND SECURITY SITUATION AND ANY INITIATIVE TO CURTAIL THE ACTIVITY HAS TO DEAL WITH ALL OF THE ABOVE ISSUES )T IS NOT CLEAR IF THOSE WHO UNDERTAKE ARTISANAL RElNING ARE INDEED FROM /GONILAND ITSELF 3O ONLY BY A COMPREHENSIVE PLAN WHICH COVER THE ENTIRE .IGER $ELTA THIS ISSUE CAN BE ADDRESSED
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-AP 0ROLIFERATION OF ARTISANAL RElNING AND DEGRADATION OF MANGROVES "ODO 7EST "ONNY ,'! ETCHE ° OBIO/AKPOR OYIGBO
ELEME TAI
KHANA OKRIKA OGU/ BOLO GOKAN A
DEGEMA BONNY ANDONI OPOBO/ NKORO
Meters
0 500 1 000 Landcover 2007
Land cover classes
Farmland, low tree cover
Vegetation on dredged soil
Mangrove
Mangrove degraded
Mangrove open
Bare soil, dry
Bare soil, mud flat, moist
Industrial Land
Artisanal refinery
Coast/Water interface, tidal
Water W Bodo West wells Landcover 2011
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5.2 Impact of oil on land-based nearby farms, ponds, swamps or creeks. When oil vegetation reaches the root zone, plants begin to experience stress and, in extreme cases, death follows. This is observed routinely in Ogoniland, for example As evident from Chapter 4, oil spills are frequent within swamp vegetation. Any crops in the area events in Ogoniland. When a spill occurs on land, directly impacted will also be damaged, and root various scenarios can arise, among them: crops, such as cassava, will become unusable. t No remedial action is taken, leaving the However, in due course, even when no remedial contamination in place and exposed to the action is initiated, thick layers of oil will eventually elements wash off from the soil, making it possible for t Fires break out, killing vegetation and creating more tolerant plant species to re-establish, giving a crust over the land, making remediation or the area an appearance of having returned to revegetation difficult healthy stage. When farming recommences, t Remediation by natural attenuation is plants generally show signs of stress and yields are attempted at the site before fires occur reportedly lower than in non-impacted areas. This naturally has an impact on the livelihood of the When spills have occurred on land but no remedial community though statistical information on this action is taken, the oil seeps to the ground and issue was not available. Also farming in soil which flows to low lying areas. This spread is exacerbated is contaminated also exposes the community to by rainfall, which enables oil to run off into dermal contact with hydrocarbons.
Fire on a pipeline right of way (Deebon community, Bodo, Gokana LGA) June 2011
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4ABLE )NCIDENCES OF lRE AT OIL FACILITIES IN /GONILAND SOURCE 30$# Date Location of fire incident 9 March 2001 Bomu flow station 10-inch delivery line to Bomu manifold 16 June 2001 24-Inch Nkpoku-Bomu Trans-Niger Pipeline at Sime 24 August 2001 28-Inch Bomu–Bonny Trans-Niger Pipeline at K-Dere near Bomu manifold 30 May 2002 24-Inch Trans-Niger Pipeline at Bara-Ale Community 18 September 2003 28-Inch Nkpoku–Bomu Trans-Niger Pipeline at Gio 23 May 2004 36-inch Trans-Niger Pipeline at Nkpoku January 2005 Bomu Well 2 January 2005 Bomu Well 18 February 2005 Korokoro W 3 February 2005 24-inch Bomu trunk line 14 August 2006 Yorla Well 13 31 October 2006 Bomu Well 15 30 November 2006 Bomu Well 12 17 December 2006 Bomu flow station and Well 6 3 January 2007 Bomu flow station and Wells 41 and 50 April 2007 Yorla Well 16 May 2007 Yorla Well 16 18 June 2007 28-inch Trans-Niger Pipeline at K-Dere and Bodo 19 June 2007 24-inch Trans-Niger Pipeline at K-Dere 19 June 2007 24-inch Trans-Niger Pipeline Nkpoku–Bomu at Bera 21 October 2007 28-inch Ebubu-Bomu Trans-Niger Pipeline at Eteo June 2008 Bomu Well 8 December 2008 24-inch Bomu trunk line April 2009 Bodo 28-inch pipeline April 2009 Yorla Well 16 March 2010 Bomu Well 44 April 2010 24-Inch Bomby–Bonny trunk line May 2010 24-inch Bera trunk line March 2011 24- and 28-inch MOGHOR Trans-Niger Pipeline March 2011 24-inch K-Dere Trans-Niger Pipeline *This listing is as complete as available information permits, as at May 2011, but may not include all fire incidents occurring at Ogoniland oil facilities during the period in question.
In a number of cases, especially following major oil While most oil pipeline fires are short-lived, fires in spill events, SPDC initiated remedial action through oil wells can burn for extended periods, sometime enhanced natural attenuation (RENA). Initiation of for months. Such fires are more intense as they are this process precludes farming or regrowth of natural continually supplied with crude from the well and vegetation while clean-up actions are ongoing. can generate extremely high temperatures around However, as discussed in Chapter 4, the location the wellhead, killing off surrounding vegetation continues to remain a source of pollution through and severely damaging vegetation beyond the kill rainwater runoff to neighbouring areas. Current zone. Moreover, smoke from fires can travel long clean-up standards require soil contamination to distances, depositing partly burnt hydrocarbons on be less than 5,000 mg/kg TPH. However, even vegetation far beyond. Such deposits on healthy when remediation is achieved to this level, a residual leaves can adversely affect their photosynthetic impact on vegetation will persist. ability, eventually killing the plant.
When not attended to immediately, many pipeline While oil well fires are not uncommon in Ogoniland spills or ruptures result in fires that can cover large (Table 35), none occurred during the period of areas, sometime even visible from satellite images UNEP’s fieldwork, probably due to SPDC’s ongoing and kill extensive tracts of vegetation as indicated by programme of capping all wells. UNEP was therefore Table 37. Fires also leave behind a thick, burnt crust of unable to take any measurements concerning the bituminous substances fused with topsoil. Until such impact of fires on vegetation. time as the crust is broken down, the affected area will remain unsuitable for vegetation/crop growth.
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5.3 Contamination of surface clear and continuous source of spilled oil was water, sediments and fish observed or reported during UNEP’s site visits. Assessment of contamination of surface water Water quality was conducted in two phases. In the first phase, reconnaissance observations were made on the In addition to visual observations in the creeks, ground, from boats and from the air. In the second scientific monitoring of water, sediments and fish was phase, monitoring and sampling of water, fish and also undertaken along the Imo River and the creeks sediments were undertaken. The key observations in the Bodo area. The results are presented below. are presented below. Water temperature was consistently measured at Presence of oil 25-30°C in the creeks, the exact temperature being dependent on the time of day and the quantity Floating layers of oil in the creeks in Ogoniland of sunlight absorbed, especially in the shallower, were present right through the 14-month slow-flowing streams. Mangrove sites may have fieldwork period of the UNEP assessment. These somewhat elevated temperatures, owing to the extra layers varied from thick black oil (which was often time it takes to heat and cool a larger body of water found along the coastline in places where the water flowing in from the ocean. was more stagnant) to thinner, silvery or rainbow- coloured sheens in the faster-flowing parts of the Salinity, as measured as conductivity, showed low Imo River (Map 20). The field observations in readings as expected (Map 21), except for mangrove Ogoniland clearly indicated ongoing entry of oil stations affected by the tidal flow of the Gulf of Guinea into the creeks from many sources, and no single water through the Bonny and Andoni Rivers.
An aerial view of the pollution within the creeks
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-AP /BSERVED SURFACE WATER SHEEN IN SURFACE WATER IN AND AROUND /GONILAND ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO !
OBIO/AKPOR AYAMA "h"h !
AKPAJO "h"h ! "h "h 9"h 9 "h OYIGBO
"h EBUBU ABAM "h !"h ! "h "h "h"h "h 9"h "h "h TEKA-SOGHO "h"h ! "h TAI "h SIME JOR-SOGHO ! ELEME ! PORT "h "h"h 9 KOROKORO"h"h"h"h"h "h "h !KPITE HARCOURT OGU "h ! ! "h "h"h "h DEKEN KPORGHOR ! ! "h OPUOKO GIO9 9 "h 9"h ! 9 ! LUEGBO-BEERI 9 "h ! WAKAMA 9 "h ! "h GOKANA BORI KHANA OKRIKA BOLO ! ! BERA OGU/BOLO "h"h"h ! "h"h"h 9"h"h 999 ZAAKPON "h"h"h 9 BERE "h ! 9 9 "h "h ! KAPNOR 99 "h KIBANI ! 9 ! "h 9"h "h 9"h 99 99 "h "h "h 9 9"h IMO RIVER9 KAA 9 9 ! 9 BONNY 9 9 OLOMA 99 9 ! BONNY RIVER 9 9
ANDONI ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend IMO Umuahia r¬ DELTA Owerri ! (! ( LGA boundaries r¬ 9 Oil sheen on surface NNPC Crude ABIA "h UNEP investigated contaminated land sites AKWA NNPC Refined product IBOM r¬ T SPDC Oil Pipe in operation RIVERS Port Harcourt (! BAYELSA Kilometres
0510 Sources: Administrative: SPDC, River State. Projection: UTM 32N Oil Facilities: SPDC Geomatic Dept. Datum: WGS84 UNEP 2011
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-AP #ONDUCTIVITY «3CM READINGS WITHIN THE /GONILAND WATER BODIES ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO !
OBIO/AKPOR AYAMA "h"h !
AKPAJO "h"h ! "h "h %,%,"h %, "h OYIGBO
"h EBUBU ABAM "h !"h ! "h "h "h"h"h "h%,%,"h "h "h TEKA-SOGHO "h TAI ! %, "h%, "h SIME JOR-SOGHO ! ELEME ! "h %, PORT %, KOROKORO%,"h"h"h"h "h "h%,"h!KPITE"h "h !%, HARCOURT OGU "h %, %, ! "h "h"h "h DEKEN KPORGHOR ! %,! "h OPUOKO %,GIO %,"h ! %, ! "h LUEGBO-BEERI %,%, %,"h ! WAKAMA "h ! "h GOKANA %, BORI KHANA OKRIKA BOLO ! %, ! BERA %,%, OGU/BOLO "h"h"h ! %, "h"h"h %,"h"h %, "h"h ZAAKPON %,%, %, "h"h ! %, BERE %, "h "h ! KAPNOR %,%, KIBANI ! "h ! "h %,"h "h %,"h %, %, "h "h "h %, %,"h%, IMO RIVER%, KAA %, %, BONNY %, %, ! %, %, OLOMA %, %,%, %, ! BONNY RIVER %,
ANDONI ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend IMO Umuahia r¬ DELTA Owerri ! (! ( LGA boundaries Conductivity (μS/cm) r¬ %, < 500 NNPC Crude ABIA %, 500 - 5000 NNPC Refined product AKWA %, 5000 - 10000 IBOM r¬ T SPDC Oil Pipe in operation %, > 10000 RIVERS "h UNEP investigated contaminated land sites Port Harcourt (! BAYELSA Kilometres
0510 Sources: Administrative: SPDC, River State. Projection: UTM 32N Oil Facilities: SPDC Geomatic Dept. Datum: WGS84 UNEP 2011
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-AP $ISSOLVED OXYGEN READINGS IN THE /GONILAND BODIES ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO !
OBIO/AKPOR AYAMA "h"h !
AKPAJO "h"h ! "h "h %,%,"h %, "h OYIGBO
"h EBUBU ABAM "h !"h ! "h "h "h"h"h "h%,%,"h "h "h TEKA-SOGHO "h TAI ! %, "h%, "h SIME JOR-SOGHO ! ELEME ! "h %, PORT %, KOROKORO%,"h"h"h"h "h "h%,"h!KPITE"h "h !%, HARCOURT OGU "h %, %, ! "h "h"h "h DEKEN KPORGHOR ! %,! "h OPUOKO %,GIO %,"h ! %, ! "h LUEGBO-BEERI %,%, %,"h ! WAKAMA "h ! "h GOKANA %, BORI KHANA OKRIKA BOLO ! %, ! BERA %,%, OGU/BOLO "h"h"h ! %, "h"h"h %,"h"h %, "h"h ZAAKPON %,%, %, "h"h ! %, BERE %, "h "h ! KAPNOR %, KIBANI ! "h ! "h %,"h "h %,"h %, %, "h "h "h %, %,"h%, IMO RIVER%, KAA %, %, BONNY %, %, ! %, %, OLOMA %, %,%, %, ! BONNY RIVER %,
ANDONI ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend IMO Umuahia r¬ DELTA Owerri ! (! ( LGA boundaries Dissolved oxygen (mg/l) r¬ %, NNPC Crude < 2 ABIA %, 2 to 5 NNPC Refined product AKWA %, > 5 IBOM r¬ T SPDC Oil Pipe in operation "h UNEP investigated contaminated land sites RIVERS Port Harcourt (! BAYELSA Kilometres
0510 Sources: Administrative: SPDC, River State. Projection: UTM 32N Oil Facilities: SPDC Geomatic Dept. Datum: WGS84 UNEP 2011
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Oxygen levels were within normal levels at many Petroleum hydrocarbons in water stations (Map 22), though at some stations low concentrations were observed. At 25°C 8.4 mg/l The presence of a hydrocarbon sheen on the oxygen can theoretically be dissolved in water, water in the creeks has already been mentioned. falling to around 8.1 mg/l at 28°C. Levels of Hydrocarbons may reach the creeks from a spill dissolved oxygen below 5 mg/l start to cause stress on land – at an SPDC facility or NNPC pipeline in fish and at levels below 2 mg/l fish kill could – which either flows into, or is carried by runoff happen. Dissolved oxygen is a transient parameter water into, a creek, from vessels carrying oil, or and several factors influence the levels of oxygen from illegal artisanal refining. Tidal influences in the water, such as the amounts of decomposing also mean that spilled oil can be carried upstream organic matter, including of hydrocarbons in as well as downstream of a given spill location. the water or at the seabed, the turbulence of the Concentrations at the monitored locations are water (turbulent flow increases oxygen levels), and given in Table 38. oxygen input from aquatic plants during daylight hours. As field monitoring of dissolved oxygen Internationally there are no specific quantitative presents analytical challenges, it is important guidelines regarding the presence of total hydro- to measure this parameter regularly and to take carbons in surface water. WHO Guidelines for necessary corrective actions. If dissolved oxygen safe recreational water environment, object to at location is monitored below 5 mg/l regularly, the presence of hydrocarbons on water bodies further investigation as to the reason should be on three grounds, aesthetic impact on sight, undertaken and remedial action will be needed smell and possibility of dermal absorption during to the health of the water body. contact recreational activity such as bathing.
4ABLE #ONCENTRATIONS OF 40( DETECTED IN SURFACE WATER Sampling location reference Community Number of samples TPH CWG (μg/l) 001-001 Ejama 3 218 009-010 Bara 1 716 100-001 Ebubu 3 74 101-001 Agbonchia 3 132 101-002 Aleto 3 267 103-002 Korokoro 3 148 103-003 Korokoro/Kpite 3 112 104-002 Ataba 3 963 104-003 Ataba-Otokroma 2 3 7,420 104-004 Ataba 3 2,880 105-002 - 3 28 105-003 Ikot Abasi 4 46 107-001 Eyaa-Onne 3 338 109-001 Kporghor 3 121 110-001 Kporghor 3 12 114-001 Botem-Tai 3 131 115-001 Luyor Gwara 3 239 116-001 Kwawa 3 1,070 117-001 Luegbo-Beeri 2 135 118-001 Kozo 2 1,350 119-001 Bodo 1 11 119-002 Bodo 1 13 120-001 Kpador-Bodo 2 13 120-003 Bodo 1 15 124-001 Yeghe 2 27 125-001 Bodo 1 2,030 130-001 Kolgba 1 2,350
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A hydrocarbon sheen on the water surface of the creeks was an everyday reality during the period of UNEP’s fieldwork
Two provisions of Nigerian legislation are also explain the lack of action, as Section VIII 4.0 of important in this context. Section VIII, 2.11.3 the EGASPIN addresses such situations. of the EGASPIN, dealing with clean-up and monitoring of oil spills, states: “Any operator or Section 4.1 states: “An operator shall be responsible owner of a facility that is responsible for a spill for the containment and recovery of any spill that results to impact of the environment shall be discovered within his operational area whether or required to monitor the impacted environment not its source is known. The operator shall take alongside the restorative activities.” prompt and adequate steps to contain, remove and dispose of the spill. Where it is proven beyond In sub-section (i) it further states: “For all waters, doubts that an operator has incurred costs in there shall be no visible sheen after the first 30 cleaning up a spill for which he is not responsible, days of the occurrence of the spill no matter the the operator shall be reasonably compensated, up extent of the spill.” to the extent of recovering all expenses incurred, including reimbursement of any payment for And sub-section (ii) states: “For swamp areas, any damage caused by the spill, through funds there shall not be any sign of oil stain within the established by the Government or the oil industry first 60 days of the occurrence of the incident.” for that purpose.”
Over the course of more than a year of fieldwork It is not clear whether a fund was actually in Ogoniland, the presence of a hydrocarbon established as implied in the EGASPIN. But sheen was an everyday reality and it is clear that it is evident that there are provisions for the the above provision is not enforced. One reason clean-up of such spills and removal of floating for this is that according to both the regulator hydrocarbons from the environment. There are and the oil industry the majority of this oil comes multiple technical resources available in Nigeria from illegal operations and therefore nobody took to respond to oil spills, but these resources have action to clean it up. However, this alone cannot not been put to use.
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An oily sheen is ever-present on the water surface observed concentrations of hydrocarbons where of the creeks around Ogoniland. This same water they exceeded EGASPIN values. is used by local communities for fishing, bathing and in some cases for drinking. Information The locations where aquatic sediments were should be made available to local people about above the EGASPIN values are presented in locations that are dangerous for drinking, fishing Map 23. or bathing due to the presence of hydrocarbons. Effective action is needed to clean up the existing There are many studies of petroleum hydro- contamination and to prevent further release of carbon concentrations in freshwater and hydrocarbons into the environment. marine sediments. The results for the marine environment have been summarized by the US National Research Council [51] and Impacts of oil on sediments show that concentrations of total petroleum Although oil exploration and extraction have hydrocarbons in sediments far from urbanized continued for decades in Ogoniland, and clean- coastal areas are often in the range of 20-50 mg/ up of contaminated land has been undertaken kg. Concentrations in the range 50 to several at hundreds of locations, clean-up of wetland hundred mg/kg are frequently found in coastal sediments has not yet been attempted. Such sediments where anthropogenic activities are work has, however, been undertaken in other intensive. In busy shipping channels and near parts of the world and is key to restoring aquatic marinas, levels often show concentrations of ecosystems to health. Lack of proper clean-up several hundred mg/kg. Close to direct point can prevent the re-establishment of benthic sources of oil contamination, such as water- activity, which affects ecosystem functioning cooled oil refineries and oil terminals, TPH and productivity. Anaerobic degradation of concentrations may be 1,000 to several thousand hydrocarbons can release foul-smelling gases. mg/kg. From a toxicological standpoint it is Contaminated sediments can also act as reservoirs generally considered that biological effects start of pollution, releasing hydrocarbons when to occur among more sensitive organisms at levels disturbed (e.g. by the propeller action of a in the range of 50-100 mg/kg. More resistant motorboat) into the aquatic environment long organisms can tolerate concentrations of 1,000 after the original source of pollution has been to a few thousand mg/kg. removed. With regard to the EGASPIN, the intervention Petroleum hydrocarbons in sediments. In value for hydrocarbons in sediments is 5,000 mg/ all, sediment samples from 37 locations in the kg, against a target value of 50 mg/kg. There are four LGAs were analysed. Table 39 presents the 10 samples above the intervention value, most substantially so (Table 39).
4ABLE 40( CONCENTRATIONS IN SEDIMENTS Impacts of oil on fisheries EXCEEDING %'!30). VALUES The aquatic resources of Ogoniland constitute a Sampling location Community TPH reference (mg/kg) significant cultural heritage of the Ogoni people, representing an all-important aspect of their 001-001 Ejama 12,100 history and identity. They play a major role in 009-010 Biara 19,600 determining settlement patterns, in particular 104-004 Ataba 8,630 the location of fishing communities along the 119-001 Bodo West 15,100 estuaries. Aquatic resources are also a source of 120-001 Kpador-Bodo 12,100 employment generation. A sample survey of the 120-002 Bodo 6,570 communities undertaken concurrently with the 121-001 Sugi-Bodo 12,100 UNEP survey indicated that while agriculture 122-001 K and B Dere 12,000 remains the major occupation, in some areas 123-001 K-Dere 16,500 fishing could be the main occupation (Figures 130-001 Kolgba 17,900 15 a and 15 b).
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-AP !VERAGE 40( READINGS IN SEDIMENTS IN /GONILAND ° EBERI/ OMUMA IKWERRE ETCHE
OBIGBO !
OBIO/AKPOR AYAMA "h"h !
AKPAJO "h"h ! "h "h %,"h %, "h OYIGBO
"h EBUBU ABAM "h ! ! "h "h"h"h"h "h%,%,"h "h "h TEKA-SOGHO "h"h ! "h TAI "h SIME JOR-SOGHO ! ELEME ! PORT "h %,"h"h %, KOROKORO"h%,"h"h"h"h "h "h %,!KPITE HARCOURT OGU "h !%, ! "h "h"h "h DEKEN KPORGHOR ! %,! "h OPUOKO %,GIO %,"h ! %, ! "h LUEGBO-BEERI %,%, "h ! WAKAMA %, "h ! "h GOKANA BORI KHANA OKRIKA BOLO %, ! ! BERA %, OGU/BOLO "h"h"h ! %, "h"h"h %,"h"h %,%, "h"h ZAAKPON %,%, %, "h"h ! BERE %, ! %, "h "h %, KAPNOR %,%,"h KIBANI ! ! "h %,"h %, "h %,"h %, %, "h "h "h %, %,"h%, IMO RIVER%, KAA %, %,%, BONNY %, ! %, %, OLOMA %, %,%, ! BONNY RIVER %,
ANDONI ANDONI RIVER DEGEMA OPOBO/ NKORO
Legend IMO Umuahia r¬ DELTA Owerri (! (! LGA boundaries Average TPH mg/kg r¬ NNPC Crude %, < 50 ABIA %, 50 - 5000 AKWA NNPC Refined product %, > 5000 IBOM ¬ T SPDC Oil Pipe in operation r "h UNEP investigated contaminated land sites RIVERS Port Harcourt (! BAYELSA Kilometres
0510 Sources: Administrative: SPDC, River State. Projection: UTM 32N Oil Facilities: SPDC Geomatic Dept. Datum: WGS84 UNEP 2011
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&IGURE A /CCUPATION OF THE HEAD OF HOUSEHOLD IN ALL SAMPLED AREAS OF /GONILAND
&IGURE B /CCUPATION OF THE HEAD OF HOUSEHOLD IN +AA +HANA ,'!
Transfer of land ownership within Ogoniland is by permission is usually granted by the owner to anyone inheritance, donation, purchase or, in the past, by who wishes to fish in the swampland. Such swamps conquest. Land can be owned by an individual, a can also be leased on a seasonal basis. family or the entire community. Community lands include fishing ports/rights and designated portions At fishing ports, markets and in local communities of the water body. Fishing ports and locations are the UNEP assessment team met with artisanal commonly owned by communities but are generally fishermen who earn their living from fishing, bestowed by the local chief. Although individuals commercial fishmongers and subsistence fishermen/ can own fishing ponds in their family swamps, women.
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Artisanal fishermen are involved directly in fishing Destruction of fish habitat activities as a means of livelihood and either own or occupy surface-water fishing grounds. There Given the socio-economic status of Ogoniland, are small subsectors specialized in estuarine and and surrounded as it is by extensive creeks, fishing inshore canoe fishery. Fishing is carried out by should be an integral part of the community’s the use of small, open craft which may or may livelihood. While fishing was indeed once not be motorized. a prime activity, it was evident from local community feedback and field observations that Fishmongers may or may not own or occupy it has essentially ceased in areas polluted by oil, fishing grounds, or be involved directly in fishing especially where physical impacts are evident. activities, but they act as intermediaries between When encountered in known polluted areas, the fishermen and the end consumer. This category fishermen reported that they were going to fishing is made up predominantly of women. grounds further upstream or downstream.
The final category is comprised of fishermen or Where a number of entrepreneurs had previously set women who undertake fishing activities on a very up fish farms in or close to the creeks, they reported small scale, either for subsistence or leisure. that their farms and businesses had now been ruined by the ever-present layer of floating oil. Since fishing grounds and ports are the backbone of the fishing industry (as farmland is to agriculture), No scientific assessments of the fishing pressure in almost all fishing families and communities Ogoniland are available. However, judging from tend to acquire their own fishing location(s) the fact that large portions of the catch are made and establish prerogative rights over them. This up of juvenile and sub-adult fish, it is reasonable accounts for the abundance of fishing locations to conclude that overfishing is a major problem in Ogoniland. affecting the fisheries in Ogoniland.
An Ogoni woman selling periwinkles at a local market, Kozo, Gokana
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Local fisherman with his catch (note the sheen in the water, Bonny River)
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A fish farm with significant oil sheen (Bodo West, Bonny LGA)
Fish consumption Analytical results Figure 16 summarizes reported fish consumption There is recurring concern among local com- in Ogoniland by species. Among all communities, munities that accumulations of hydrocarbons periwinkle, ice fish, tilapia, catfish and crayfish could be building up within the fish tissues that are consumed most frequently. However, the they consume. Fish tissue analyses were conducted importance of species varies considerably. In some to determine if this is indeed the case. communities, such as in the fishing village of Kaa, no one species dominates. Among those who reported Concentrations of 16 PAHs in fish, oysters and consuming a variety of different types of fish, the mussels from the four Ogoniland LGAs are species reportedly most consumed (i.e. number of given in Figure 17a-c. The concentrations of meals per unit time) across all communities were PAHs in biota were low in all samples. In fresh crayfish, periwinkle and ice fish. Combined with fish and seafood, concentrations were below the chemical concentration data, this information detection limit for most of the different PAHs. could be used to estimate the level of petroleum In a few cases, measurable but low levels were hydrocarbons ingested by fish consumers. found.
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&IGURE &IGURES FOR lSH CONSUMPTION
It is worth noting that smoked fish purchased in local markets showed elevated levels of PAHs. WHO recommends a maximum intake of 20 μg/kg (human) body weight. Hypothetically, assuming a human body weight of 75 kg and the concentrations of PAH’s in smoked fish found in the present investigation, a person could eat up to half-a-kilo of smoked fish per day and still be below the WHO recommended maximum daily intake. Thus, fish consumption in Ogoniland, either of those caught locally or purchased from markets, including smoked fish, was shown not to pose a health risk to the community.
Total PAH concentrations in bivalves after oil spills and in chronically polluted areas often show concentrations in the range 10-50 mg/kg. Following the Exxon Valdez oil spill in Alaska in 1989, the concentration of PAHs in mussels was found to be in the range 0.002-6 mg/kg [52]. The fisheries sector is suffering Mussels from the North Sea show concentrations of 0.05-1 mg/kg and up to 4 mg/kg near an aluminium smelter in Scotland [53]. After an oil The possible presence of hydrocarbons in fish spill in Laguna de Terminos, Mexico, oysters were was a matter of serious concern for the Ogoni found to contain 2-42 mg/kg [54]. In Galveston community. This investigation showed that the Bay, Texas, concentrations in oysters were up to or accumulation of hydrocarbons in fish tissue is above 9 mg/kg [55]. An analysis of mussels along not a serious health risk in Ogoniland. However, the north-west Mediterranean coast of France and the fisheries sector itself is suffering due to the Italy showed average concentrations of around destruction of fish habitat in the mangrove zone 0.05 mg/kg, with generally higher concentrations and highly persistent contamination of many near large harbours [56]. creeks, making them unsuitable for fishing.
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&IGURE A 4OTAL 0!(S IN lSH FROM lSHERMEN
0.016
0.014
0.012
0.010
mg/kg 0.008
0.006
0.004
0.002
0.000 N=2 N=1 N=1 N=7 N=2 N=2
Barracuda Catfish Croaker Mudskipper Mullet Tilapia
Sphyraena sp, Chrysichthys Pseudotolithus sp, Periophthalmus Mugil cephalus Tilapia guineensis nigrodigitatus barbarus
&IGURE B 4OTAL 0!(S IN MOLLUSKS FROM lSHERMEN
0.040
0.035
0.030
0.025
mg/kg 0.020
0.015
0.010
0.005
0.000 N=12 N=9 N=1
Bloody Cockle Oyster Periwinkle
Anadara Senilis Crassostrea gasar Tympanotonus fuscatus
&IGURE C 4OTAL 0!(S IN &ISH AND MOLLUSKS FOUGHT FROM lSHERMEN AND MARKETS
1.0
0.9
0.8
0.7
0.6
0.5 mg/kg
0.4
0.3
0.2
0.1
0.0 N=4 N=6 N=1 N=3 N=17 N=1 N=1 N=6 N=1 N=3 N=4
Bloody Oyster Periwinkle Barracuda Catfish Croaker Mullet Tilapia Smoked Smoked Red Smoked Cockle Catfish Snapper Sardine
Anadara Crassostrea Tympanotonus Sphyraena Chrysichthys Pseudotolithus Mugil Tilapia Chrysichthys Lutjanus Sardinella Senilis gasar fuscatus sp, nigrodigitatus sp, cephalus guineensis nigrodigitatus goreensis sp,
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5.4 Impacts of oil on public 4ABLE .UMBER OF COMPLETED QUESTION health NAIRES IN EACH COMMUNITY Community Completed questionnaires Exposure and health questionnaires Agbonchia 88 Bera 38 The design of the exposure and health questionnaire Bodo 103 meant that responses from those communities Dere 51 selected to complete it were reflective of the general Ebubu 181 population, although some selection bias is possible Kaa 41 given that participation was voluntary. Korokoro 70 A total of 881 questionnaires were completed by 474 Kpean 64 male and 401 female heads of household, with the Kpite 94 gender of respondents unclear in six questionnaires. Kwawa 66 Most respondents were between 25 and 55 years Okwale 85 of age. The number of questionnaires circulated Total 881 among each community was proportional to the population of that community, with a goal of interviewing 20-25 per cent of each community. Oil spills represent one of numerous sources of Table 40 summarizes the number of questionnaires exposure to petroleum hydrocarbons. Others are completed in each community. commercial refineries, petrochemical plants, vehicle emissions, generator exhausts, bush burning, trash As noted in section 5.3, agriculture is the dominant burning on the side of the road, food processing occupation across Ogoniland while fishing is (e.g. gari processing, abattoirs), gas flaring from locally significant. Those involved in agricultural oil production in nearby LGAs, artisanal refining, work may be exposed to petroleum hydrocarbons burning of domestic waste, cigarette smoking and present in soils, through oral, dermal and even cooking fuels. The questionnaire asked respondents inhalation exposure. Fishermen may be exposed to specify sources to which they might be exposed. to petroleum hydrocarbons present in sediments While this section was generally left blank, and surface water, as well as via oral, dermal and questions regarding smoking and home cooking inhalation exposure routes. practices were answered.
The UNEP team consulting community members on health issues in Eleme LGA
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4ABLE 3UMMARY OF QUESTIONNAIRE RESPONSES ON COOKING PRACTICES Percentage reporting use of cooking fuel type All communities Wood Petrol Kerosene Cooking gas Stove Indoor cooking (n=522) 83 4.2 15 4.8 4.4 Outdoor cooking (n=348) 93 2.9 6.6 0 0.3
Smoking. Smoking of cigarettes, cigars and other was rare relative to the other sources but was reported substances, which result in exposure to benzene more frequently for communities in Khana (Kpean, and some PAHs, turned out to be relatively rare, Kwawa, Okwale) than for communities in other with approximately 85 per cent of all respondents LGAs, possibly due to Khana’s comparatively rural reporting that they had never smoked. Those nature. Less frequently reported sources were bottled who smoked reported using cigarettes, cigars and water and sachet water (water in plastic bags). Indian hemp. Bathing and washing water. As for drinking Cooking location and fuel. More than half of all water, the most commonly reported sources of respondents (522 of 881) reported cooking indoors bathing and washing water across all communities and, of these, 83 per cent relied on wood for fuel, were, in order of frequency, bore-wells, dug-out followed by kerosene (14.6 per cent), cooking gas wells and surface water (Figure 19). One or more (4.8 per cent) and petrol (4.2 per cent) (Table 41). of these three sources were reportedly dominant Fewer respondents (348 of 881) reported cooking within individual communities. In Okwale, outdoors and, of these, 93 per cent relied on wood for rainwater was reported to be more important fuel, followed by kerosene (6.6 per cent) and petrol for bathing and washing than for drinking. Use (2.9 per cent). The responses are summarized in of sachet water was the least frequently reported Table 39. (Note: These percentages total more than source, with bottled water not used at all. 100 per cent because some respondents reported using more than one fuel type.) In consequence, Health-care services. On the question of health they are likely to be experiencing potentially high care, some respondents indicated that they used indoor exposure to some petroleum hydrocarbons more than one location (Figure 20). As well as as well as respirable particulates. primary health-care centres, many people also visit local pharmacists. The reported frequency of use Pathways of exposure to petroleum hydrocarbons. of private clinics, primary health-care centres and Routes of possible exposure to petroleum hydrocarbons general hospitals varied among communities. Bodo originating from oil spills are summarized in respondents, for example, most often sought health Figure 5. In addition to the pathways noted above care at a general hospital, while respondents in Kpite for agricultural workers and fishermen, other and Kwawa were more likely to use primary health- community members might experience oral, dermal care centres. Some reported visiting traditional and inhalation exposure to petroleum hydrocarbons healers but less frequently than other sources through drinking water, bathing water and washing of health care. These responses confirmed what water, as well as oral exposure to any foods that are was learned through interviews with community contaminated with petroleum hydrocarbons. Thus, members and health-care professionals, namely that it is important to determine the sources of food and people seek help from pharmacists as a first resort, followed by care at various medical facilities, the water used by community members and to combine choice depending on factors such as accessibility, this information with chemical concentration data cost and quality of care. for these media in order to determine if exposures of concern are occurring. Rainwater Drinking water. The most commonly reported A recurrent complaint from the Ogoni community sources of drinking water across all communities during the reconnaissance phase concerned were, in order of frequency, bore-wells, hand-dug rainwater contamination, reported at times to wells and surface water (Figure 18). Use of rainwater be black and the cause of skin irritation. Since
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a number of communities use rainwater as a collected from households which had a rainwater source of drinking water, it was important for collection system. Some opportunistic samples UNEP to include rainwater in its investigations. were also collected while it was raining. Table 42 Given the unpredictability of rainfall, however, provides information on the basic parameters and this was not an easy task, so samples had to be observations on rainwater samples.
&IGURE 3OURCES OF DRINKING WATER
&IGURE 3OURCES OF BATHING AND WASHING WATER
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&IGURE 0RIMARY HEALTH CARE PROVIDERS FOR THE COMMUNITY
4ABLE "ASIC PARAMETERS AND OBSERVATIONS ON RAINWATER SAMPLES Community Electrical pH Temp (deg C) Colour Odour Method of collection / remarks conductivity [μS/cm] Kwawa 10.32 6.62 26.1 None None Roof while it was raining Agbonchia 30.7 7.13 24.5 Blackish None Rainwater harvesting container; black sooty substance in water Okwale 69.6 7.73 25.9 None None Rainwater harvesting container; black sooty substance in water. Okwale 30.1 7.13 25.9 None None Rainwater harvesting container Okwale 25.7 6.91 27.8 None None Rainwater harvesting container Korokoro 57.5 8.01 27.6 None None Rainwater harvesting container Korokoro 32.7 8.96 34.8 Greenish Slight Rainwater harvesting container; rain collected from a thatched roof house used as kitchen Korokoro 31.01 6.85 29 None None Rainwater harvesting container Korokoro 120.5 5.43 32.3 None None Rainwater harvesting container K-Dere 27.7 6.92 25.9 None None House very close to spill site K-Dere 13.71 7.13 25.3 None None Rainwater harvesting container Norkpo 10.7 6.99 29.9 None None Rainwater harvesting container Norkpo 32.1 7.18 23.7 None None Rainwater harvesting container Norkpo 47.3 7.43 45.2 None None Rainwater harvesting container Ebubu-Ejamah 58.2 8.19 31.8 None None Rainwater harvesting container Ebubu-Ejamah 26.7 6.97 28.1 None None Rainwater harvesting container Ebubu-Ejamah 35.8 7.18 28 None None Rainwater harvesting container Obajioken-Ogale 317 4 27.5 None None Previous night rainfall harvested with a container Obajioken-Ogale 12.88 5.2 27.2 None None Rainwater harvesting container Obajioken-Ogale 25.3 7.91 30 None None Rainwater harvesting container Agbi-Ogale 23.7 6.3 29.8 None None Rainwater harvesting container Agbi-Ogale 26.1 5.53 27.5 None None Rainwater harvesting container Kpite 16.06 5.91 26.1 None None Aluminium roof top system Kpite 7.6 6.21 26.4 None None Rainwater harvesting container Kpite 10.39 6.48 30.1 None None Rainwater harvesting container Kpite 47.4 7.12 31.4 None None Rainwater harvesting container Aabue-Korokoro 17.76 8.4 23.7 None None Rainwater harvesting container Aabue-Korokoro 29.5 6.85 24.1 None None Rainwater harvesting container Aabue-Korokoro 20.4 6.85 24 None None Rainwater harvesting container Aabue-Korokoro 17.13 6.85 24.3 None None Rainwater harvesting container Korokoro 52.92 2.39 26.5 None None Thatched roof system Korokoro 15.4 5.76 26.6 None None Rainwater harvesting container Kpean 28.3 5.18 28.8 None None Premises of a Church Kpean 11.6 5.84 25.7 None None Rainwater harvesting container Kpean 15.73 6.19 28.5 None None Rainwater harvesting container Kpean 8.65 5.79 8.65 None None Rainwater harvesting container Akpajo 26.1 5.69 23.2 None None Directly sampled in open air Akpajo 25.4 5.72 25.4 None None Directly sampled in open air Akpajo 26.2 6 22.7 None None Directly sampled in open air
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4ABLE 40( CONCENTRATION IN RAINWATER SAMPLES LGA Sample ID qc_label TPH (μg/l) Eleme 004-006-RW-103 water: community rainwater samples 52 Tai 008-002-RW-102 water: community rainwater samples 189 Tai 008-002-HW-110 water: community rainwater samples 68 Tai 013-002-RW-103 water: community rainwater samples 1,520 Tai 013-002-RW-102 water: community rainwater samples 3,250 Tai 013-002-RW-101 water: community rainwater samples 98
Table 42 lists pH measured in rainwater and Table 43 shows the results from analysis of TPH drinking water samples collected by the UNEP levels in rainwater samples from Ogoniland. Public Health Team. WHO (2008) describes The presence of hydrocarbons was noted in six rainwater as “slightly acidic and very low in of the 46 samples. The Nigerian drinking water dissolved minerals; as such, it is relatively standard for hydrocarbons is 3 μg/l. These TPH aggressive [and] can dissolve metals and other concentrations detected may have come from impurities from materials of the catchment and chemicals scoured from the atmosphere by storage tank” [59]. Of the 35 rainwater samples rainfall or from rainwater catchment systems and collected from harvesting vessels, 22 had pH harvesting vessels. However, as the community use measurements in the range 6.5-8.5 required by the water from harvesting vessels, the observed Nigerian drinking water quality standards [36]. concentrations represent the actual risk to the Of the 13 samples with pH measurements outside community. Only three rainwater samples were this range, 12 had pH levels ranging from 2.4 to collected directly from the atmosphere by the 6.3 and one had a pH of approximately 9. The UNEP team; none had detectable concentrations rainwater sample with a pH of 2.4 was described of TPH. Because rainwater samples were collected as ‘colloidal’ but was reportedly used for washing from the area where concern had been expressed and other domestic purposes. The sample with a about its quality, these findings are encouraging, pH of about 9 was reportedly greenish in colour particularly given that questionnaire respondents with a slight odour and had been collected over reported use of rainwater for drinking, as well as a relatively long period. Rainwater samples for bathing and washing. collected directly from the atmosphere had pH measurements ranging from 5.6 to 6, below the Two further observations regarding hydrocarbons 6.5-8.5 range. These pH levels might reflect in rainwater are worth noting: relatively clean rainwater, but they could also t The observed hydrocarbons may have come reflect some effect from nearby industrial activity from a non-SPDC source in Ogoniland (such and vehicular emissions. As with the rainwater as the refinery) or a non-Ogoniland source samples collected directly from the atmosphere, (such as flares from neighbouring LGAs) drinking water samples had pH measurements below 6.5, ranging from 5.1 to 5.7. t The presence of TPH in rainwater is highest during local incidents of fire. While such WHO has noted the difficulty in determining links incidents are not uncommon in Ogoniland, between human health and the pH of drinking no fires occurred during UNEP’s assessment water because pH is so closely associated with other aspects of water quality. Furthermore, foods While contamination of rainwater by hydrocarbons with low pH, such as lemon juice (pH about 2.4) appears not to be serious across Ogoniland, and orange juice (pH about 3.5), are commonly given the prevalence of the use of rainwater for consumed. However, pH measurements outside drinking and the possibility of increased pollution the 6.5-8.5 range might influence public health during localized fires, the community should be indirectly if they resulted from the leaching assisted in creating a safer approach to rainwater of metals into the water from the rainwater harvesting in order to prevent hydrocarbon and conveyance and harvesting system. non-hydrocarbon contamination.
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Drinking water from wells national standard, which requires drinking water odour to be “unobjectionable” [37]. The respective Two types of well are constructed in Ogoniland: communities were aware of both the pollution dug-out wells (i.e. wells dug by hand) and bore- and the inherent dangers but explained that they wells (i.e. boreholes). Anecdotal information continue to use the water for bathing, washing and suggested that dug-out wells are shallow and cooking because they have no alternative. typically less than 10 metres in depth, while bore- wells may reach a depth of 50 metres. However, One important point must be noted here. The all such wells essentially exploit the same aquifer. drinking water survey was neither a comprehensive Drinking water wells were sampled by both the survey analysing every drinking water well Public Health (PH) Team and the Contaminated in Ogoniland, nor a sample survey in which Land (CL) Team. the locations of the wells were selected in a systematic manner to reflect overall drinking A summary of hydrocarbon contamination in the water contamination in Ogoniland. Rather, the wells is presented in Table 44. In every case, TPH values given above are an indication that in many values exceed the Nigerian standard for drinking locations petroleum hydrocarbon has migrated water of 3 μg/l. to the groundwater. In practice, it is likely that every well within the vicinity of a contaminated In addition, some of these samples exhibited well is either already contaminated or at risk of strong petroleum odours, again in violation of the becoming contaminated.
4ABLE 3UMMARY OF COMMUNITY WELLS WHERE 40( VALUES WERE DETECTED Samples by Sample ID number LGA Well type TPH (ug/l) CL 001-005-MED-101 Eleme water: bore-well (community) 19,900 CL 001-005-BH-02 Eleme water: bore-well (community) 4,280 CL 001-005-BH-04 Eleme water: bore-well (community) 317 CL 001-005-GW-104 Eleme water: hand-dug well (community) 20,300 CL 001-009-HW-01 Eleme water: hand-dug well (community) 12 CL 019-014-GW-100 Gokana water: hand-dug well (community) 63 CL 019-014-GW-102 Gokana water: hand-dug well (community) 11,500 CL 019-035-HW-104 Gokana water: hand-dug well (community) 12 CL 019-035-HW-12 Gokana water: hand-dug well (community) 21 CL 019-020-HW-15 Gokana water: hand-dug well (community) 4,240 CL 019-007-HW-101 Gokana water: hand-dug well (community) 15 CL 008-002-HW-01 Tai water: hand-dug well (community) 14 CL 008-002-HW-03 Tai water: hand-dug well (community) 12 CL 008-002-HW-04 Tai water: hand-dug well (community) 12 CL 008-002-HW-11 Tai water: hand-dug well (community) 11 CL 008-002-HW-12 Tai water: hand-dug well (community) 11 CL 008-002-HW-13 Tai water: hand-dug well (community) 13 CL 005-009-HW-04 Tai water: hand-dug well (community) 53 PH 001-005-HW-100 Eleme water: hand-dug well (community) 39.3 PH 001-005-BH-103 Eleme water: bore-well (community) 1320 PH 001-005-BH-104 Eleme water: bore-well (community) 233 PH 001-005-BW-100 Eleme water: bore-well (community) 42,200 PH 001-005-BH-102 Eleme water: bore-well (community) 20,200 PH 004-006-BH-105 Eleme water: bore-well (community) 299 PH 001-002-BH-102 Eleme water: bore-well (community) 642 PH 009-003-HW-101 Tai water: hand-dug well (community) 54.7 PH 009-003-HW-102 Tai water: hand-dug well (community) 154 PH 008-002-HW-100 Tai water: hand-dug well (community) 59.4
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Case study 9 Groundwater pollution at Nsisioken Ogale, Eleme LGA
7HILE GROUNDWATER IN /GONILAND IS CONTAMINATED IN A NUMBER OF AREAS AND SOME COMMUNITY WELLS HAVE BEEN IMPACTED THE MOST SERIOUS CONTAMINATION WAS OBSERVED IN .SISIOKEN /GALE IN %LEME ,'! 4HE SITE IN QUESTION LIES ADJACENT TO AN ABANDONED ..0# PIPELINE OPERATED BY 00-# )T WAS ANECDOTAL INFORMATION PROVIDED BY THE LOCAL COMMUNITY ABOUT HYDROCARBON ODOUR IN WATER DRAWN FROM WELLS AT THIS LOCATION THAT CAUSED 5.%0 TO INVESTIGATE #LOSE INSPECTION REVEALED A SECTION OF PIPELINE FROM WHICH A SUBSTANTIAL QUANTITY OF RElNED OIL MUST HAVE LEAKED TO THE GROUND !LTHOUGH THE SPILL WAS REPORTED TO BE OVER SIX YEARS OLD AND THE PIPELINE ITSELF WAS ABANDONED IN 5.%0 LOCATED CM OF mOATING PURE PRODUCT ON THE GROUNDWATER SURFACE AT THE POINT OF CONTAMINATION 4HE RESULTS OF SAMPLING BY 5.%0 OF A NUMBER OF DUG OUT WELLS AND BORE WELLS IN THE AREA ARE PRESENTED IN 4ABLE .IGERIAN DRINKING WATER STANDARDS DO NOT HAVE A SPECIlC PROVISION FOR BENZENE A KNOWN CARCINOGEN BUT 7(/ GUIDELINES ARE «GL 7ATER FROM lVE OF THE WELLS AROUND THE ..0# PIPELINE CONTAINED LEVELS HIGHER THAN THE 7(/ RECOMMENDATION FOUR CONSIDERABLY SO MEANING THAT ANYONE CONSUMING WATER FROM THESE WELLS WILL HAVE BEEN EXPOSED TO UNACCEPTABLE LEVELS OF THE POLLUTANT 4HE SAMPLED WELLS ARE MOST PROBABLY NOT THE ONLY COMMUNITY WELLS WITH HIGH LEVELS OF CONTAMINATION MEANING THAT THERE IS A HIGH RISK TO THE COMMUNITY OF BENZENE POISONING FROM WATER TAKEN FROM THE WELLS FOR DRINKING )T IS ALSO IMPORTANT TO NOTE THAT POLLUTION IS PRESENT IN BOTH DUG OUT WELLS AND BORE WELLS 7HILE THE COMMUNITY BELIEVES THAT DRILLING DEEPER WELLS IS THE SOLUTION n AND SOME FAMILIES THAT CAN AFFORD IT ARE DOING JUST THIS n THE GEOLOGICAL PROlLE OF THE AREA SEE &IGURE ON PAGE CLEARLY INDICATES THAT THERE IS ONLY A SINGLE AQUIFER $RILLING DEEPER WELLS ONLY SERVES TO INCREASE THE RATE AT WHICH CONTAMINATION IS SPREAD VERTICALLY 4HERE IS NO GUARANTEE THEREFORE THAT DEEPER WELLS MEAN CLEANER WATER !S THE SITUATION WARRANTED IMMEDIATE ATTENTION 5.%0 COMMUNICATED THIS INFORMATION TO THE 'OVERNMENT OF .IGERIA IN $ECEMBER ONCE LABORATORY RESULTS HAD BEEN CONlRMED ALONG WITH THE FOLLOWING RECOMMENDATIONS 0ROVIDE HOUSEHOLDS WHOSE WATER SUPPLY IS CONTAMINATED BY BENZENE WITH AN ALTERNATIVE SOURCE OF SAFE DRINKING WATER $ELINEATE THE DISTANCE OVER WHICH CONTAMINATION OF GROUNDWATER BY BENZENE HAS SPREAD 2EMOVE THE CONTAMINATION FROM BOTH SOIL AND GROUNDWATER )NVESTIGATE WHETHER THERE ARE OTHER LOCATIONS WITH SIGNS OF BENZENE CONTAMINATION ALONG THE ENTIRE KM PIPELINE FROM 0ORT (ARCOURT TO 5MU .WA .WA 5NDERTAKE FOLLOW UP MONITORING INCLUDING HEALTH SURVEILLANCE OF THE COMMUNITIES IN THE AFFECTED AREAS
4ABLE "ENZENE CONCENTRATION IN CONTAMINATED WELLS IN .SISIOKEN /GALE Sampled well Benzene (μg/l) 001-005-BH-102 9,280 001-005-BH-103 161 001-005-BW-100 7,090 001-005-MED-101 8,370 001-005-GW-104 7,140
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&IGURE 3UM OF 6/#S IN AIR IN /GONILAND
400 350 300
250 Community 200 Contaminates Site 150 100 50 Concentration of VoCs, ug/m3 VoCs, of Concentration 0 Intels Camp Okwale, Khana Gio, Tai - Oil Site Oil - Tai Gio, Kpite, Tai-Oil Site Sime, Site Tai-Oil Botem, Tai - Oil Site Aleto, Eleme-Oil Site Norkpo1, Tai- Oil Site RSUST, Port Harcourt Port RSUST, Sugi,Gokana - Oil Site Akpajo, Eleme - Oil Site Kwawa, Khana - Oil Site K-Dere,Gokana - Oil Site K-Dere,Gokana - Oil Site Korokoro-Aabue, Tai- Oil Site Uewaagu, Khana-Community Bodo West, Gokana - Oil Site Debon-Bodo,Gokana - Oil Site Wiiborsi-Kpean, Khana-Oil Site Keburuzo, Gokana -Community Ejamah-Ebubu, Eleme - Oil Site Ejamah-Ebubu, Eleme - Oil Site Keburuzo, Gokana - Community Nkeleoken-Alode, Eleme-Oil Site Agbonchia, Okpee, Eleme - Oil Site Orboo-Ooodukor, Kpalaade, Gokana Oyaa-Ejamah-Ebubu, Eleme-Oil Site Location Investigated
Outdoor air represent a different location. Community samples were also likely to reflect more non-oil spill sources Volatile organic compounds. Figure 21 shows of petroleum (e.g. vehicle exhaust; fuel sold on the the sum of VOC concentrations at locations where side of the road; presence of petroleum transport air sampling was carried out. Where communities vehicles, as at Nkeleoken-Alode, Eleme, where were adjacent to known contaminated sites, the community sample was far higher than the sampling results are presented together. spill site sample). Moreover, concentrations detected below approximately 2 μg/m3 are close Concentrations of VOCs in air were generally to laboratory detection limits and must therefore higher near oil spill locations with larger quantities be viewed with greater uncertainty than higher of relatively unweathered product on the ground detected concentrations. These factors made it than at spill locations with weathered or combusted difficult to accurately apportion the VOCs detected oil. This was to be expected given that these VOCs in the atmosphere to specific oil spills and other are among the petroleum hydrocarbons that petroleum sources. However, the air concentrations volatilize and weather most rapidly. did indicate some influence of oil spills on air quality. There was no clear pattern as to whether the measured VOCs were higher at the spill site or Figure 21 also shows air concentrations in in the nearby community; the concentration of the Okwale reference community and in two VOCs in many community samples was similar urban reference samples in Port Harcourt. to or even higher than the corresponding oil spill Concentrations of VOCs were generally low in samples. However, this generally occurred at spill these samples and similar to oil spill locations with sites with either weathered product or only a small limited and/or weathered oil contamination on amount of product on the ground surface. the ground surface.
At many sampling sites the community samples Significance of benzene concentrations. While were very close, sometimes immediately adjacent the survey measured concentrations of individual to spill sites and, arguably, did not necessarily VOCs at sampling locations across Ogoniland,
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only benzene values are reported here (Figure 22). This is because benzene is a known carcinogen and was detected in both soil and groundwater investigations in Ogoniland.
WHO has developed indoor air quality guidelines for benzene [37]. It notes that toxicity from inhaled benzene and other indoor air contaminants “would be the same whether the exposure were indoors or outdoors. Thus there is no reason that the guidelines for indoor air should differ from ambient air guidelines”.
Benzene was detected in all samples at concentrations ranging from 0.155 to 48.2 μg/m3. WHO concluded that no safe concentration of benzene in air can be recommended because it is a genotoxic carcinogen. Instead, WHO – and USEPA – have reported concentrations of benzene in air that correspond to different levels of excess lifetime cancer risk (Table 46).
Note that USEPA’s estimates are ranges, acknowledging the uncertainty involved in Member of the UNEP project team estimating these concentrations. Approximately monitoring air quality 10 per cent of detected benzene concentrations in
&IGURE "ENZENE CONCENTRATIONS ACROSS /GONILAND
70.00
60.00
50.00
40.00 Community Contaminated Site 30.00
20.00 Concentration ug/m3
10.00
0.00 Intels Camp Intels Okwale, Khana Gio, Tai - Oil Site Oil - Tai Gio, Sime, Tai-Oil Site Kpite, Tai-Oil Site Botem, Tai - Oil Site - Oil Tai Botem, Aleto, Eleme-Oil Site Eleme-Oil Aleto, Norkpo1, Tai- Site Oil RSUST, Port Harcourt Port RSUST, Sugi, GokanaSugi, - Oil Site Akpajo, Eleme - Site Oil Akpajo, Eleme Kwawa, - Khana Oil Site K-Dere, Gokana - Oil Site K-Dere, Gokana - Oil Site Bodo West,Bodo Gokana - Site Oil Korokoro-Aabue,Tai- Site Oil Uewaagu, Khana-Community Ejamah-Ebubu, Eleme -Site Oil Eleme Ejamah-Ebubu, -Site Oil Eleme Ejamah-Ebubu, Debon-Bodo, Gokana - Oil Site Wiiborsi-Kpean, Khana-Oil Site Keburuzo, Gokana -Community Nkeleoken-Alode,Site Eleme-Oil Keburuzo, Gokana - Community Agbonchia, Okpee, - Oil Site Eleme Oyaa-Ejamah-Ebubu, Site Eleme-Oil Orboo-Ooodukor,Gokana Kpalaade, -Oil Sampling Location
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4ABLE #ONCENTRATIONS OF BENZENE IN AIR concentrations are declining because of efforts to THAT CORRESPOND TO DIFFERENT LEVELS reduce benzene exposure. OF EXCESS LIFETIME CANCER RISK REPORTED BY 7(/ AND 53%0! Exposure to multiple petroleum hydrocarbons Corresponding concentration of in air. The chemical-by-chemical comparison to Excess lifetime benzene in air (μg/m3) guidelines represents only a partial evaluation cancer risk WHO (2010) USEPA (2011) of risk to human health. It is possible that these 1 in 10,000 17 13 to 45 chemicals, acting in combination, can cause 1 in 100,000 1.7 1.3 to 4.5 adverse effects on human health. In addition, the VOCs included in this study are indicators 1 in 1,000,000 0.17 0.13 to 0.45 of petroleum release to the atmosphere, but the concentration data do not provide full quantification of all petroleum hydrocarbons in Ogoniland were higher than the concentrations the air near oil spill sites. Crude oil – and the WHO and USEPA report as corresponding to petroleum products derived from it – contain a 1 in 10,000 cancer risk, and nearly all were hundreds to thousands of individual petroleum higher than the concentrations corresponding hydrocarbons. In addition, there are sulphur to a 1 in 1,000,000 cancer risk. However, it is compounds that also have health impacts. If important to recognize that many of the benzene air samples had been analysed for petroleum concentrations detected in Ogoniland were similar fractions and individual PAHs, many would to those measured elsewhere in the world, given the have been detected based on the composition of prevalence of fuel use and other sources of benzene. crude oil. Also, at some sites a distinct petroleum Nevertheless, Figure 23 clearly shows that some odour was apparent despite individual VOC benzene concentrations in Ogoniland were higher concentrations being below odour thresholds, than those being measured in more economically suggesting that other petroleum hydrocarbons developed regions, such as the US, where benzene were evaporating.
&IGURE #ONCENTRATION OF BENZENE IN OUTDOOR AIR IN /GONILAND AND IN URBAN AREAS OF THE 5NITED 3TATES
12
10
8
μg/m3 6
4 United States (2009) United States 2 (1994) Ogoniland 0 (2010) 10th percentile median mean 90th percentile
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Respirable particulate matter. Exposure to PM2.5 and PM10 correspond to particle size fractions respirable particulates has been linked to significant that include particles with an aerodynamic diameter health problems, such as aggravated asthma and smaller than 2.5 μm and 10 μm respectively. Figures premature death in people with heart and lung 24a and 24b compare the approximately one-hour
disease. While not a consequence of oil spills as such, average PM2.5 and PM10 concentrations measured these particles can be generated when oil burns. in Ogoniland with the WHO 24-hour average guidelines. It is important to note the difference In establishing its guidelines for respirable particulate in averaging periods; if Ogoniland measurements matter [58], WHO endeavoured to set the lowest continued for 24 hours, the comparison might concentration possible given uncertainty about differ from that shown in these figures. However, threshold concentrations below which adverse health sampling for this length of time was not possible effects are not expected. given logistical and security constraints at the
&IGURE A /NE HOUR MEAN CONCENTRATION OF PARTICULATE MATTER 0- IN /GONILAND 40
35
30 WHO 24-hour mean guideline 25
μg/m3 20
15
10
5
0
Sampling Date
&IGURE B /NE HOUR CONCENTRATION OF PARTICULATE MATTER 0- IN /GONILAND 70
60 WHO 24-hour mean guideline 50
40 μg/m3 30
20
10
0
Sampling Date
s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 5NITED .ATIONS %NVIRONMENT 0ROGRAMME s 193 UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND locations visited. Nevertheless, the comparison Medical records. Approximately 5,000 individual indicates that few locations exceeded the WHO medical records were collected from primary guideline, and PM concentrations in general were health-centres in four affected communities and one in the range of those measured elsewhere in the reference community. The information was entered world, including both developed and developing into a database and analysed. Nigerian colleagues from regions [59]. RSUST provided extensive support in both collecting records and the interpretation of information that Concentrations of particulate matter in required local knowledge. Before analysing the data, Ogoniland database entries were checked by double-entering a subset of records to ensure accuracy of data entry. This Use of solid fuels such as wood for indoor step was especially important given the challenge of cooking increases the concentration of PM in interpreting handwritten records that were often very indoor environments and, consequently, the risk difficult to read and sometimes illegible. of acute respiratory effects and even mortality among adults and children. In responses to the The Public Health Team developed a system for exposure and health questionnaire, discussed in categorizing individual reported symptoms in more detail below, many respondents reported consultation with a primary care physician. Figures using wood to cook food indoors. While UNEP 25a to 25e show the most frequently reported did not measure PM concentrations in any indoor symptom categories at each centre, segregated by environments, it is reasonable to suggest that PM age group. The types of symptoms reported at each concentrations might exceed the WHO 24-hour primary health-care centre are generally consistent average guidelines. Future studies could be carried with other recent health studies in Nigeria that out to confirm this suspicion. However, even include Ogoniland [34, 60, 61, 62, 63]. However, without additional study, it is clear that use of solid quantitative comparisons could not be made fuel for indoor cooking should be discouraged to because insufficient information was available to protect public health. ensure comparability of the data sets.
Members of UNEP’s project team during a community visit
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&IGURE A &REQUENCY OF HEALTH SYMPTOMS IN /GONILAND
60
50
40 <1 year
1-<5 years 30 5-14 years
15-60 years
% diagnosis by age group age by % diagnosis 20
10
0
e e d ar ) ) e ) d s ENT Ey os t etal on) ion) oi e ul ion n a laria l Other ctive ion ti h as c ct ( e u e l -rel k Trauma vas f a e Ma fect ises o Headach systemic) infec (infect ratyp d (in tin un eprod in t l es R e le Constitutional a Hypertensionm t (no /Pa b Cardi nt Im cu Skin d ta fied or Musculos n n troi ci t a ki hoi Fever (unspecified)testin e S p n as p (no Ty G s atory infection (acute) troi on s ti ne preve Ga n (un o Respir acci cti infec V ry Infe o at pir es R
&IGURE B &REQUENCY OF HEALTH SYMPTOMS IN /GONILAND
60
50
40 <1 year
1-<5 years 30 5-14 years
15-60 years
% diagnosis by age group 20
10
0
) l e ) ? a r at) d n) ry e n a h n) s nal Eye a o ri ion lt te o se mi o etes o n ness si ated a t a leta therctiv i vers e b hr ifie (nos) ri n l ri e e O e scula ti c adach al h du (acu An a u e e Hot M ut l sk ological ect Trauma Dia r n ta o r ro nf infection disea ov sp itou H o n l ion i oid F e i nstit and t yperte al e ep t t in h l o at M Neu R c o Tuberculosis ard C se, r (un Gen H M uscu fe (n Sk C e He Immune-re n ntab no v M i n e r, e trointestinal ki aratypv a F s ry S /P e (e Ga to id ine pr ENT GastrointestinaI (infectio Typhoacc Respira V Respiratory (not acute infection) Infection (unspecified or systemic)
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&IGURE C &REQUENCY OF HEALTH SYMPTOMS IN /GONILAND
60
50
40 <1 year
1-<5 years 30 5-14 years
15-60 years
% diagnosis by age age groupby % diagnosis 20
10
0
) al ) al ) n a id n s ic te o sis o fied) lated laria letal g ctive u o ti i e a e Other u cti aum pho u r k lo (ac Tr y t pec M s t ti s ne- uro ra ypertensionu ulo e tion ons H c N Reprod Tubercul Pa C d/ Imm Skin (infe Mus infec oi Fever (un y Skin (not infection) yph Gastrointestinal (no T irator sp Gastrointestinal (infection) Re
Infection (unspecified or systemic)
&IGURE D &REQUENCY OF HEALTH SYMPTOMS IN /GONILAND
60
50
40 <1 year
1-<5 years 30 5-14 years
15-60 years
% diagnosis by age group age by % diagnosis 20
10
0 l s ) ) ) r e ry s c er e) n n a la y a e cal on o m E fied) n mi i u cu i dache tn laria Oth s ection) o ste a ecti ra a tutiona f ea H M olog oductive f T v ti in itour H r sy r n io s and throat) ( o r ur tion (acut n infecti , t e c ki ot i rd Gen Hypertensiond o N Rep e S n Ca Con ie stinal Hea f Musculoskeletal inf in ( te ci k Fevern (unspeci ory S (ear, nose oi Gastrointestinal (nos) spe at un ir ( ENT Gastr ion Resp ct e Respiratory (not acute infectio Inf
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&IGURE E &REQUENCY OF HEALTH SYMPTOMS IN THE REFERENCE PRIMARY HEALTH CARE CENTRE IN /KWALE
60
50
40 <1 year
1-<5 years 30 5-14 years
15-60 years
%diagnosis by agegroup 20
10
0
l e r a a ) h ) c the n on) fied on) a laria etal O i um i ti el ute) on) ra Ma k ac ti T Head c fectio titution nfec os in (infect ns cul eproductive ion ( nfe t n l (i s R ki CardiovascularCo na S ti Mu in (no ever (unspec es infect F ry Sk nt astrointestinal (nos) to not acute i roi G a ( st r Ga ction Respi fe in ry to ra pi Res
The frequencies of symptoms recorded at each some individuals in the region might refer to of the four primary health-care centres serving malaria as “fever” and report it as such, while communities affected by large oil spills were others report “malaria” or “plasmodiasis.” compared with frequencies reported at the However, reports of “fever” were not combined reference primary health-care centre in Okwale, with reports of “malaria,” and this approach using the Cochran-Mantel-Haenszel test for might have underestimated the proportion of repeated tests of independence. Table 47 shows malaria where medical staff members are more the results of these comparisons in the form of likely to report suspected malaria as “fever.” odds ratios. An odds ratio significantly greater This issue with variable malaria proportions than one suggests that the frequency of symptoms highlights an important limitation of the medical reported at two primary health-care centres record review: all “diagnoses” are subject to differs. The values in parentheses following each considerable uncertainty given the variability odds ratio value are its confidence intervals. in reporting practices among primary health No significant differences are apparent among care centres and the fact that medical testing is primary health-care centres with odds ratios not conducted to confirm diagnoses. The lack mostly lower than one, except possibly for the ‘GI (not infection)’ symptom category. It is of confirmed diagnoses and relatively small possible that this category is related to petroleum sample sizes generally limit UNEP’s ability to exposure but no definitive conclusion is possible reach firm conclusions from the medical record given the non-specific nature of symptoms in data. Also, single individuals sometimes appear this category. multiple times in the database, sometimes with different symptoms and sometimes with the same The proportion of malaria cases varied considerably symptoms. Additional analyses of these data could among the communities. This variation is likely be performed in the future to check the influence an artifact of multiple factors. For example, of multiple entries for single individuals.
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4ABLE #OCHRAN -ANTEL (AENSZEL #HI SQUARE STATISTICS COMPARING MAJOR SYMPTOMS REPORTED AT FOUR PRIMARY HEALTH CARE CENTRES AND ONE REFERENCE HEALTH CARE CENTRE Respiratory GI (not Skin (not Constitutional Fever/malaria GI (infection) GI (total) infection infection) infection) (acute) Okwale (reference) N = 36 N = 102 N = 44 N = 5 N = 49 N = 84 N = 17 N = 35 N = 189 N = 30 N = 30 N = 60 N = 24 N = 27 X2 = 8.26 X2 = 0.02 X2 = 16.93 X2 = 8.52 X2 = 3.05 X2 = 99.39 X2 = 0.004 P = 0.004 P = 0.8819 P = < 0.0001 P = 0.0035 P = 0.0809 P = <0.0001 P = 0.95 Agbonchia Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 OR = 0.49 OR = 0.98 OR = 0.37 OR = 3.80 OR = 0.70 OR = 0.11 OR = 1.02 (0.30, 0.80) (0.72, 1.32) (0.23, 0.60) (1.46, 9.90) (0.46, 1.45) (0.07, 0.19) (0.55, 1.90) N = 128 N = 360 N = 95 N = 78 N = 173 N = 101 N = 81 X2 = 0.51 X2 = 2.11 X2 = 13.46 X2 = 10.72 X2 = 0.8079 X2 = 87.12 X2 = 0.83 P = 0.48 P = 0.15 P = 0.0002 P = 0.001 P = 0.3688 P = <0.0001 P = 0.36 K’Dere Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 OR = 0.87 OR = 0.82 OR = 0.49 OR = 4.10 OR = 0.85 OR = 0.23 OR = 1.28 (0.58, 1.29) (0.62, 1.07) (0.34, 0.72) (1.65, 10.23) (0.60, 1.21) (0.17, 0.32) (0.75, 2.20) N = 18 N = 242 N = 52 N = 32 N = 84 N = 106 N = 6 X2 = 39.61 X2 = 0.14 X2 = 14.80 X2 = 4.44 X2 = 4.69 X2 = 26.79 X2 = 21.15 P = <0.0001 P = 0.71 P = 0.0001 P = 0.04 P = 0.03 P = <0.0001 P = <0.0001 Kpite Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 OR = 0.18 OR = 0.95 OR = 0.44 OR = 2.68 OR = 0.66 OR = 0.43 OR = 0.15 (0.10, 0.33) (0.71, 1.26) (0.29, 0.68) (1.03, 6.95) (0.45, 0.96) (0.31, 0.60) (0.06, 0.38) N = 229 N = 180 N = 22 N = 138 N = 160 N = 59 N = 14 X2 = 18.01 X2 = 33.79 X2 = 17.28 X2 = 35.65 X2 = 0.0017 X2 = 113.54 X2 = 15.71 P = <0.0001 P = <0.0001 P = <0.0001 P = <0.0001 P = 0.9674 P = <0.0001 P = <0.0001 Kwawa Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 Df = 1 OR = 2.24 OR = 0.43 OR = 0.23 OR = 9.69 OR = 0.99 OR = 0.16 OR = 0.26 (1.53, 3.28) (0.32, 0.57) (0.11, 0.49) (3.93, 23.89) (0.70, 1.41) (0.11, 0.23) (0.13, 0.53) * ‘Cardiovascular/hypertension’ and ‘respiratory (not infection)’ were excluded due to too few cases (n <5) in the Okwale reference centre
When interpreting medical records from primary The public health studies undertaken in Ogoniland health-care centres, it is important to recognize that have led to the following conclusions, based on the these data are representative for only a fraction of information gathered by the Public Health Team as the population because many people consult local well as other segments of the UNEP study: pharmacists, traditional healers, private clinics and general hospitals for medical care. This reality is t People are exposed to petroleum hydrocarbons, evident from the responses to the exposure and sometimes at very elevated concentrations, in health questionnaire. In fact, most people living outdoor air and drinking water. They are also in the reference community of Okwale reported exposed through dermal contacts from soil, that they go to local pharmacists for health care. sediments and surface water Moreover, primary health-care centre records do not provide confirmed diagnoses. Many effects t It is possible that human health has been associated with exposure to petroleum are non- adversely affected by exposure to hydrocarbons specific, making them difficult to discern even with through multiple routes. The situation could perfect medical records. Nevertheless, a review of be particularly acute where high levels of primary health-care centre records is a reasonable first benzene were detected in drinking water step in examining associations between oil exposures and health effects. Future studies should focus on t The medical records available do not provide the specific exposed communities and follow them over detail required to link symptoms with petroleum time, with careful documentation of exposures and specifically. In fact, many of the non-specific health effects, to improve the chance of confirming symptoms resulting from petroleum exposure are any adverse effects that might be occurring. likely to be treated by pharmacists who keep no
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patient records. This situation is not unlike that creeks. However, contamination entering creeks encountered when conducting similar studies can travel downstream and have adverse effects in more developed countries. One solution is on communities outside Ogoniland. Nothing to improve medical record-keeping protocols; demonstrates this fact better than the village of however, there can be significant institutional Andoni (map 25), a small community of fewer and resource constraints to implementing such than 50 houses whose inhabitants mainly make changes. A more promising alternative is to their living from fishing. The village is situated conduct a prospective epidemiological study on the water’s edge and villagers travel by boat to with a carefully selected cohort, where exposures other areas for schooling, health care and other and effects can be documented over time everyday needs. t From an epidemiological analysis point of Aerial photography clearly shows that the water view, this study should be seen as a preliminary around the village is polluted with an ever-present investigation. Information from this study layer of floating hydrocarbons – a situation also could be used to design exposure monitoring observed on the ground. It is clear that Andoni and medical record-keeping protocols such that is seriously impacted by hydrocarbon pollution, future studies have more power to detect effects and since the village is permanently surrounded of petroleum exposure on human health by water, its inhabitants are probably even more exposed to oil contaminants than nearby land- Specific recommendations concerning public based communities. health are given in Chapter 6.3. Andoni may not be alone in suffering the effects Ogoniland is not an island of contaminant migration. There may be many more communities upstream and downstream of The geographical scope of the UNEP study Ogoniland that are also suffering the consequences was limited to Ogoniland and the surrounding of oil spillage.
An Andoni LGA community member (right) assisting during a field trip to creeks in Khana and Andoni LGAs, August 2010
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An aerial view of a community encircled by oil pollution (Andoni LGA)
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For most members of the current Ogoniland community, chronic oil pollution has been a fact of life © Mazen Saggar
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Recommendations corrosion or bunkering or where artisanal refining of crude oil takes place. It is clear from UNEP’s field observations and scientific investigations that oil contamination in A multiplicity of technical and non-technical Ogoniland is widespread and severely impacting reasons lie behind this tragic situation. UNEP is many components of the environment. The aware that not all spills in Ogoniland are caused by Ogoni people live with this pollution every corrosion of oilfield equipment. Illegal extraction of minute of every day, 365 days a year. Since oil, locally referred to as bunkering, is also a cause average life expectancy in Nigeria is less than 50 of spills and the ensuing environmental damage. years, it is a fair assumption that most members It was not within UNEP’s scope to indentify the of the current Ogoniland community have lived cause of the individual spills, nor is it scientifically with chronic oil pollution throughout their possible to detect the original cause of spills after lives. Children born in Ogoniland soon sense oil an unknown time period. From an environmental pollution as the odour of hydrocarbons pervades impact perspective, mangroves would be no less the air day in, day out. Oil continues to spill from damaged by oil spilled from a pipeline leak due to periodic pipeline fractures and the illegal practice lack of maintenance than from a pipeline tapped of artisanal refining, contaminating creeks and for bunkering. Technical solutions for the clean- soil, staining and killing vegetation and seeping up of contamination are also not impacted by metres deep into ground, polluting water tables. the original cause of the spill. However, when it Smoke from artisanal refining is a daily presence comes to finding lasting solutions to improve the and fire close to inhabited areas is a constant threat environmental situation in Ogoniland, all root from pools of oil which gather after a spill due to causes need to be addressed.
Smoke from artisanal refining is a common sight in Ogoniland
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At the technical level, measures have to be taken From a duty of care point of view, these need to be to clean up the contamination and restore the acted upon immediately. The following is a list of environment. And at a more strategic level, action such emergency measures needed to be initiated. is needed to prevent a repeat of this tragedy in Ogoniland. UNEP’s recommendations are 6.1 Operational therefore divided into two parts. recommendations In this chapter we present recommendations that, once implemented, will have an immediate Before cleaning up the existing oil pollution and positive impact on Ogoniland. They are not of restoring the environment, there are a number of equal priority. In fact some can only be carried out other measures which should be taken to achieve after others have been fully implemented. both environmental improvement and prevention of further oil spills. In Chapter 7 we give recommendations that have longer timelines and which, when implemented, Maintenance of oilfield facilities are a path to sustainability that will bring lasting improvements for Ogoniland and for Nigeria as SPDC should conduct a comprehensive review of a whole. its assets in Ogoniland, including a thorough test of the integrity of current oilfield infrastructure. While the overall environmental situation in Following the review, SPDC should develop an Ogoniland needs urgent and focused attention, ‘Asset Integrity Management Plan for Ogoniland’ the assessment has indicated a number of segments as well as a comprehensive decommissioning plan. where there is an immediate danger to public health. For the assets that SPDC would like to retain, the plan should specify risk levels, inspection routines and maintenance schedules. These plans should Emergency Measures be communicated to the Ogoni people. %NSURE THAT ALL DRINKING WATER WELLS WHERE HYDROCARBONS WERE DETECTED ARE MARKED AND THAT Decommissioning of oilfield facilities PEOPLE ARE INFORMED OF THE DANGER Prior to decommissioning, an environmental 0ROVIDE ADEQUATE SOURCES OF DRINKING WATER TO due diligence assessment of the plan should be THOSE HOUSEHOLDS WHOSE DRINKING WATER SUPPLY IS IMPACTED undertaken, to include feedback from the Ogoni people. Based on the decommissioning plan, 0EOPLE IN .SISIOKEN /GALE WHO HAVE BEEN CONSUMING WATER WITH BENZENE OVER TIMES THE prepared as part of the asset integrity assessment, 7(/ GUIDELINE ARE RECORDED ON A MEDICAL REGISTRY SPDC should initiate decommissioning of those AND THEIR HEALTH STATUS ASSESSED AND FOLLOWED UP facilities that the company will no longer use. )NITIATE A SURVEY OF ALL DRINKING WATER WELLS AROUND THOSE WELLS WHERE HYDROCARBONS WERE OBSERVED Prevention of illegal activities AND ARRANGE MEASURES AS APPROPRIATE BASED ON THE RESULTS A campaign to bring to an end illegal oil-related 0OST SIGNS AROUND ALL THE SITES IDENTIlED AS HAVING activities (tapping into oil wells/pipelines, CONTAMINATION EXCEEDING INTERVENTION VALUES transportation of crude, artisanal refining) should WARNING THE COMMUNITY NOT TO WALK THROUGH OR be conducted across Ogoniland. The campaign ENGAGE IN ANY OTHER ACTIVITIES AT THESE SITES should be a joint initiative between the Government 0OST SIGNS IN AREAS WHERE HYDROCARBONS WERE of Nigeria, the oil companies, Rivers State and local OBSERVED ON SURFACE WATER WARNING PEOPLE NOT TO community authorities. The campaign should lSH SWIM OR BATHE IN THESE AREAS include an awareness component highlighting the )NFORM ALL FAMILIES WHOSE RAINWATER SAMPLES TESTED disproportionate environmental footprint (borne by POSITIVE FOR HYDROCARBONS AND ADVISE THEM NOT TO CONSUME THE WATER AND all sections of the community) of artisanal refining in relation to the marginal benefits derived. The -OUNT A PUBLIC AWARENESS CAMPAIGN TO WARN THE INDIVIDUALS WHO ARE UNDERTAKING ARTISANAL RElNING campaign could also spell out training, employment THAT SUCH ACTIVITIES ARE DAMAGING THEIR HEALTH and livelihood incentives that will encourage people away from participating in illegal activities.
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The products derived from illegal refining can be seen at roadside stalls
Oil spill response and roles assigned. In this way the communities will come to understand the response process While a National Oil Spill Contingency Plan exists and learn to work with the oil response agencies in Ogoniland and NOSDRA has a clear legislative and vice versa, instead of using the spill site as an role, the situation on-the-ground indicates that ‘environmental hostage’. spills are not being dealt with in an adequate or timely manner. In order to ensure that all oil spills, Ongoing remediation of regardless of the cause, are dealt with within the contaminated sites shortest possible time, an Oil Spill Contingency Plan (OSCP) for Ogoniland, covering both land The current approach by SPDC to clean-up areas and water bodies, should be prepared. The contaminated sites through remediation by plan should be communicated to the community, enhanced natural attenuation (RENA) should be with particular emphasis on how any delay discontinued. Even SPDC’s revised Remediation in reporting or responding to a spill will have Management System does not address the issues disproportionate environmental consequences. observed in UNEP’s assessment.
When an oil spill occurs, adequate resources Instead, procedures should be put in place for should then be deployed to put the plan into any new spills to be assessed within the shortest operation. Practice drills should be carried out possible time and heavily contaminated soil periodically to ensure rapid responses to future excavated and sent to the centralized facility oil spill incidents. Results of drills and OSCP (see under ‘Technical recommendations’, below) improvements should be communicated to the for treatment and disposal. The final clean- Ogoni people in public meetings. Better still, up standards and ongoing monitoring plans as key stakeholders the communities themselves should be discussed and agreed with the relevant should take part in drills, with training provided government agencies.
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6.2 Technical recommendations The situation concerning pollution of water for environmental bodies is somewhat different because the physical extent of pollution is much less clearly defined or restoration limited than in the case of land-based pollution. Environmental degradation in Ogoniland impacts So long as any inflow of oil into any part of the soil, water and biota. Achieving environmental creeks is continuing, all interconnected creeks are restoration demands more than simple technological in danger of contamination. Therefore, clean-up intervention. Sustainable recovery will only be activities of the mangroves and soil should not be possible when technological interventions for clean initiated before all possible measures are taken to up of contaminated land and water bodies is backed stop ongoing pollution from reaching the creeks. up by practical action at the regulatory, operational However, in the case of creeks which do not flush and monitoring levels [9]. Specific recommendations naturally, the floating hydrocarbon should be in each of these areas are given below. removed.
Prior to discussing clean-up options, one issue Clean-up of contaminated soil needs to be clarified. It is often stated that unless and sediments ongoing pollution is stopped, any clean-up undertaken is futile. However, this statement Pollution of soil by petroleum hydrocarbons is only partially valid. In the case of land is widespread in Ogoniland – in land areas, in contamination, the locations of pollution sources sediments and in swampland – and has occurred and the extent of contamination emanating from both in recent times and over a period of decades. them are relatively clearly defined and can be Most of the contamination is from crude oil, cleaned up independently from spills in other though contamination by refined products was areas. The potential for future spillages, either found at three locations. The decision to clean from operational accidents or illegal activities, up individual sites has to be done based on should not preclude the decision to initiate detailed site-by-site risk assessments which must clean-up action where the source and extent of include consultation with the community and contamination are known. regulators.
The immediate removal of existing floating hydrocarbon from creeks, and on an ongoing basis thereafter, will help to minimize further contamination downstream
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Owing to the diverse nature of hydrocarbon t Contaminated water treatment unit. Soil pollution, solutions for clean-up will require a washing will result in large quantities of combination of approaches. A detailed review of water being contaminated with hydrocarbons, the available technologies is presented in Table 48. necessitating the recovery of these hydrocarbons The following sections describe the operational and cleaning of the water prior to discharge philosophy of contaminated soil management. into the environment
Establishment of an Integrated Contaminated Waste oil treatment centre. The thermal Soil Management Centre (ICSMC) t desorption unit will recover some hydrocarbons The UNEP investigation found oil contaminants but the unit will often be contaminated with exceeding Nigerian intervention values at 42 other organic and inorganic substances. There locations on land and at 10 locations in creeks. In will also be waste oil recovered from the addition, the surface water throughout the creeks contaminated water treatment. The output contains hydrocarbons. The chemical structure from these two units will need to be treated in and physical nature of the contamination and the a waste-oil treatment unit in order to recover characteristics of the soil all vary according to site. hydrocarbons, which may be used as fuel in the As explained above, site-specific risk assessments thermal desorption unit or sold for co-mingling will be needed to determine whether clean up or re-refining with crude oil will be needed and if yes, what technologies are appropriate. However, based on the observed t Containment cells. Contaminated materials contamination and risk factors (contamination collected in the field (e.g. barium-contaminated of pathways and proximity of receptors), it can soil), as well as materials produced during the already be stated with conviction that clean up treatment process (e.g. incinerated ash), will intervention will be needed at a number of the need to be disposed in properly engineered investigated sites. containment cells
It is not feasible, however, either technically or eco- The ICSMC, once established, will be a modern nomically, to set up multiple treatment units around industrial enterprise occupying many hectares of Ogoniland for clean-up of contaminated soil. land and employing hundreds of people, offering job UNEP therefore recommends the establishment of a opportunities for many in the Ogoni community. modern Integrated Contaminated Soil Management The transport of soil, from contaminated sites to Centre in Ogoniland. Such a facility should contain the ICSMC and back to the sites after clean-up, the following technical components: alone will require considerable manpower. There will be need for testing and weighbridge facilities t Incinerator. Using contaminated soil and and a state-of-the-art management system to vegetation as feedstock, this will burn off document the operations. Once the task of cleaning hydrocarbons from contaminated soil with a up Ogoniland is complete, the centre will be able to high bitumen content. Organic matter (e.g. cater for future spills both inside Ogoniland and in contaminated shrubs and bushes) will be other parts of the Niger Delta. A suitable location reduced to ash during this process. Specially for the ICSMC will need to be identified, with suitable for dealing with burnt-out crusts construction subject to the results of an integrated environmental and social impact assessment, t Thermal desorption unit. Thermal desorption including community consultations. can achieve rapid reduction of hydrocarbons, possibly recover some of the oil and make the Mini treatment centres treated soil re-usable for backfilling In areas where heavy contamination has to t Soil washing unit. This will be most appropriate be excavated, excavation water will need to for treating contaminated soil with lower be treated before it can be discharged into fractions of clay particles polluted with light- nearby water courses. In addition, in areas where end hydrocarbons. The cleaned soil may also contamination is below the current EGASPIN be used for backfilling excavation trenches intervention values, but above target values or
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new clean-up targets based on risk assessments, These local centres would also act as staging areas high-technology treatment may not be necessary. for materials passing to and from the ICSMC. In such cases, multiple ‘mini treatment centres’ for bioremediation of lightly contaminated soil and Treatment of contaminated sediments excavation water are proposed. Decisions on intervention for sediment treatment Based on the experience in Ogoniland, bio- are more complicated than simply basing them on remediation should be done after the contaminated an intervention value. Issues of erosion, vegetation soil is excavated and spread over an impermeable damage and impact on local aquatic ecosystems as layer protected from rain. These mini treatment well as potential for natural recovery all need to be centres should be close to the contaminated sites part of the decision-making process. Thus, every to minimize transportation and facilitate return site at which contaminant concentration in the of the treated soil to the original trenches. sediment exceeds the intervention value needs to be assessed on a case-by-case basis. Once a decision Mini treatment centres should be created based on on intervention is taken, additional investigations a common template but scaled to individual site will be needed, including analysis of the sediment requirements. The centres could be managed by for other contaminants and particle size. Only the local community, offering job opportunities for then can a final decision be made on the most young people, but they would first need to be trained appropriate clean-up technology to be used. This in operation and maintenance of soil remediation could involve, for example, a portable system which and water clean-up. This would contribute to both can be operated from a barge used for dredging, or environmental and social objectives. transportation of sediments to the ICSMC.
Mini treatment centres for contaminated soil should be created based on a common template
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Restoration of contaminated soil technology treatment system (a combination of in swampy areas incineration and soil-washing facilities) and act as a base for the decontamination crew. This would The most extensive area in terms of treatment allow a greater degree of flexibility in reaching all of contamination will be topsoil from the or most parts of the swampland. swamplands. Given that the parameters to be considered are depth of the contamination, the Decontamination of groundwater presence of vegetation and frequency of flooding (and therefore difficulty of access), a single approach The issue of hydrocarbon contamination in to clean-up is unfeasible. It must also be noted that wells needs to be addressed in a comprehensive a comprehensive clean-up of the contaminated soil manner, but clean-up actions must be site-specific. all over the creeks is not what is anticipated. There In principle, two forms of contamination need may be areas where no intervention is made and to be dealt with: product spills, in which the the contamination is overlaid by new sediments contaminants of concern are BTEX and other which in turn provide healthy substrate for new low molecular weight hydrocarbons, MTBE vegetation. There may be other areas where manual and other fuel additives; and crude oil spills, excavation and removal may be most appropriate. in which the whole range of hydrocarbons will All such decisions have to be made based on site-by- need to be treated. In the case of hydrocarbon site risk assessment. Available options are presented contamination, centralized treatment will not in Table 49. be possible and on-site treatment units will have to deployed. In making decisions about Moving the soil and sediment to a treatment facility the clean-up of groundwater, additional factors in Ogoniland could be both time-consuming and such as proximity to the community, absorption expensive. A portable facility mounted on a barge characteristics of the soil, leaching behaviour which can move through the bigger creeks should of the pollutants, permeability of the soil layer be considered. Such a facility could carry the high- and all possible pathways must be considered.
Topsoil from the swamplands will be the most extensive area in terms of treatment of contamination
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Mangrove restoration in Ogoniland will take up to 30 years, once ongoing pollution is stopped
This will required additional data gathering those impacted by oil pollution [64]. The at specific locations. However, in the case of challenge is to decide what exact approaches are groundwater treatment, based on information appropriate in the context of Ogoniland based gathered so far, it is clear that there will be on the ecology and hydrology of the area. The locations where groundwater treatment will be following enabling actions should be undertaken needed. Contaminated water may be treated after prior to initiating mangrove restoration; pumping it out from the aquifer or while the water is still in situ. The appropriate technologies are t Bringing the ongoing activities of artisanal described in Table 50. refining in the entire area (not only in Ogoniland but other areas which are hydraulically linked Rehabilitation of mangroves to Ogoniland) to an end As observed in chapter 5, there is significant t Study of the hydrologic regime in the area to damage to the mangroves in Ogoniland. Part of see if there are changes in this which could the mangroves have died, some of the mangroves impact the restoration process. In particular, are degraded and even those which are currently the impact of the recent road construction not showing any stress are constantly under threat. in the area and its impact on the hydraulic Mangrove rehabilitation is important from both regime should be evaluated ecological and economic point of view. t Reviewing the state of degradation of the There is substantial international experience in various sections and prioritizing areas for restoration of impacted mangroves, including intervention.
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4ABLE 3OIL REMEDIATION TECHNOLOGIES FOR HYDROCARBONS Treatment Technology Description Relevance to Ogoniland context location genre In situ Containment Contain the polluted soil in the ground by Inappropriate as the community needs (in situ) creating impermeable barriers around it access to the land for their livelihoods (side/top); barriers on the sides should reach down to a natural impermeable barrier Natural No active intervention at site; natural Inappropriate due to proximity of the remediation processes, evaporation, dilution, photo- community to contamination, shallow oxidation and biodegradation to reduce aquifer and heavy rainfall pollution Enhanced Active intervention at the site to enhance the Inappropriate due to proximity of the natural above processes; primarily periodic tilling of community, shallow aquifer and heavy attenuation the land and addition of nutrients rainfall Fixation Mix with chemical or physical binding agents Inappropriate as the long-term stability of to prevent the hydrocarbons from leaching the binding, as well as the impact of the out binding agents, are both unknown Soil vapour Strip off the hydrocarbons from the soil Appropriate only in the case of highly extraction matrix by creating a negative pressure in the volatile hydrocarbons; not fit for crude oil subsoil which is the main pollutant in Ogoniland; may be applicable at the NNPC product spill sites
4ABLE 2ESTORATION APPROACHES FOR SWAMP AREAS Treatment Technology Description Relevance to Ogoniland context location genre In situ Natural No active intervention; instead leave the Unacceptable given the current social, attenuation contaminated soil in place and wait for environmental and health situation, and natural processes (e.g.sedimentation, aesthetics evaporation, flushing by tidal water, biological action) to reduce pollution Enhancing Minimal intervention apart from spraying Not possible in areas which are under bioremediation nutrients to promote bioremediation daily inundation Enhancing Low or high-pressure water jetting of High-pressure water jetting may cause flushing sediments and allowing tidal water to extensive disturbance; low-pressure carry away the pollution water jetting can be used in conjunction with collection of re-suspended oil Absorbent Spread absorbent materials (e.g. Inappropriate for bituminous substances materials sawdust) or mats over contaminated soil accumulated over periods of a decade to achieve hydrocarbon reduction or more Containment Cap the polluted area with cleaner Oil may still rise to the top material Revegetation Plant more hydrocarbon-tolerant Inappropriate as this will alter the marsh vegetation in swamps ecology Ex situ Mechanical Remove contaminated soil with heavy Intervention with heavy machinery may intervention machinery leave large environmental footprint Manual Remove contaminated soil by manual Least disturbing option intervention labour and remove for clean-up
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4ABLE 4REATMENT TECHNOLOGIES FOR CONTAMINATED GROUNDWATER Treatment Technology Description Relevance to Ogoniland context location genre In situ Passive No active intervention; instead leave the Inappropriate due to proximity of the remediation contamination to reduce itself by dilution, community and their use of untreated diffusion, adsorption and biodegradation groundwater for drinking Enhanced Promote bioremediation of hydrocarbon by Inappropriate due to proximity of bioremediation pumping in nutrients and oxygen community and the fact that they use the groundwater for drinking without treatment Biosparging Strip off hydrocarbons in the groundwater by Suitable for highly volatile substances only; injecting air into the groundwater may be applicable at the NNPC product spill sites Recovery In cases of severe contamination, recover May be appropriate in instances where of floating floating products using submersible pumps heavy pollution is observed hydrocarbons Ex situ Air stripping Bring up the mixture of groundwater and Appropriate only for highly volatile hydrocarbons and strip off the hydrocarbon substances and with additional control for in a tank or column air pollution; may be applicable only at NNPC product spill sites Phase Bring up the mixture of groundwater and Suitable for application; main constraint separation hydrocarbons and separate the two phases will be low permeability of the soil by physicochemical processes Trenching and Create large ponds or trenches in polluted May be the most appropriate method treatment areas where the water level is depressed to due to high rainfall, low permeability and enable the draining of hydrocarbons into the presence of large quantity of excavation area; remove hydrocarbons via ‘pump and water treat’ approach
4ABLE 2ESTORATION APPROACHES FOR MANGROVES Treatment Technology Description Relevance to Ogoniland context location genre Cleaning of Manual Manual cleaning of impacted mangrove Highly labour-intensive and needs to be vegetation cleaning stems with absorbent wipes or other wipes done with care, but a possible option Low-pressure Cleaning of impacted mangrove vegetation Bituminous substances are recalcitrant water jetting using low-pressure water jets and may not be amenable to low-pressure water jetting High-pressure Cleaning of impacted mangrove vegetation High-pressure water jetting may damage water jetting using high-pressure water jets live plants but is appropriate for dead plants Surfactants Apply surfactants and vegetation cleaners Bituminous substances are recalcitrant and vegetation to impacted mangrove vegetation to and may not be amenable; may have cleaners remove oil a role in combination with other technologies Vegetation Burning Clear vegetation by burning to create room Destruction of mangrove vegetation may clearing for new growth accelerate coastline erosion Felling Clear vegetation by cutting away existing This may be attempted once the new plants plants have taken root to secure the land Replanting Within the Retain existing vegetation, including the Proven effective elsewhere; key issue is the area existing root roots of dead mangroves, and undertake the remaining pollution in substrata structure replanting Within open Replant in open areas and remove dead Proven effective elsewhere; key issue is area roots if necessary the remaining pollution in substrata
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Public health studies in Ogoniland should continue t A plan for control and management of alien 6.3 Recommendations for and invasive species should be developed prior public health to active intervention in the field This environmental assessment revealed that in Due to the wide extent of contamination (in addition to chronic exposure to oil, there are at Ogoniland and nearby areas) and the varying least three groups of people in the Ogoniland degrees of degradation, there will not be one whose health and safety are acutely impacted by single technique appropriate for the entire area. the environmental contamination: A combination of approaches will therefore need to be considered. This would range from active t those exposed to hydrocarbon pollution in their intervention for cleaning the top soil and replanting drinking water, including one community where mangrove to passive monitoring of natural benzene concentrations are extremely elevated regeneration. Mangrove restoration in Ogoniland will be a project which will take up to 30 years, t those living on oil pipeline rights of way, and once the ongoing pollution is stopped, and an t those involved in bunkering and artisanal appropriate approach will be to initiate restoration refining. in number of largescale experimental pilot sites (of 10 hectares each) and apply the lessons learnt in For each of these groups, reducing the threat that each of the locations to rest of the area with similar petroleum hydrocarbon poses to their health is an ecological and hydrological conditions. In locations immediate and necessary first step. where the mangrove trees have died, a more active intervention approach which involve clean up of Communities exposed to petroleum the hydrocarbons on the top soil and bituminous hydrocarbons in their drinking water substances on the dead stems followed by artificial replanting should be attempted. A summary of the UNEP monitoring showed that there is one possible approches are given in Table 51. community, at Nisisioken Ogale, where families
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are drinking water highly contaminated with should be moved from such locations as soon petroleum hydrocarbons, most notably benzene, as possible. However, UNEP is conscious that at concentrations far above the threshold of those affected come from marginalized sections acceptability according to WHO guidelines. of Nigerian society and that such cases need to Exposure to such high levels of hydrocarbons is be handled with tact and sensitivity. Alternative certain to lead to long-term health consequences for locations for housing should be found regardless community members. This situation warrants the of the legal status of the people involved. immediate action of stopping people from drinking water from the contaminated wells and providing People involved in bunkering them with alternative an source of safe water. and artisanal refining The assessment results at Nisisioken Ogale mean While bunkering and artisanal refining are criminal that there could well be other households exposed activities, the majority of young people who engage in to similar high levels of contamination. All other it do so primarily as a means of employment. While communities which are impacted, whether in it was not possible for UNEP to monitor the health Ogoniland or in surrounding areas, should be status of those involved in bunkering and artisanal identified and provided with alternative access to refining, it can be stated with conviction that they are clean drinking water as a matter of urgency. exposing themselves to extreme safety risks (from fire and explosion) as well as health risks (from exposure The UNEP assessment also found hydrocarbons to crude oil and volatile hydrocarbons). Regardless of exceeding Nigerian drinking water standards in 28 the fact that they are working outside the boundaries drinking water wells used by Ogoni communities. of the law, it is important that efforts are made to Again, since the assessment was sample based, there draw them away from such dangerous activities. This could be other households exposed to hydrocarbons may require awareness campaigns on, for example, through their drinking water. The Government the disproportionate nature of the short-term should take appropriate action in cases where financial gain set against the medium to long-term Nigerian national standards on drinking water health consequences, both to the individual and have been exceeded as per the Ministry of Health to the broader community. Job schemes offering guidelines. Like the highly contaminated wells in alternative employment opportunities also need to Nisisioken Ogale, some of these wells may warrant be put in place. immediate action to identify all affected families and to provide them with clean drinking water and medical care. Other wells may require clean- 6.4 Recommendations on up and ongoing monitoring until such time as the follow-up monitoring upstream sources of petroleum contamination are During and following clean-up operations in eliminated. Ogoniland, a monitoring programme with three It is further recommended that all members separate objectives should be put in place which of households who have ingested water from will: hydrocarbon-contaminated sources are registered t monitor ongoing pollution in all environmental in a central data base and requested to undergo a segments comprehensive medical examination by medical personnel familiar with adverse health effects arising t track the impacts on the health of communities from contaminated drinking water. In addition, their exposed to hydrocarbon pollution, especially health should be tracked during ther lifetime as some those exposed over many years, and of the impacts of hydrocarbon exposure, such as t track the progress of all clean-up projects cancer, may not manifest, for a very long time. and provide documentation to support their effectiveness Communities living on rights of way Monitoring should be prepared and implemented From a safety perspective, as well as for the security in consultation with the national institutions of oil installations, people living on rights of way mandated to deal with specific environmental issues.
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Comprehensive preventive surveillance should be undertaken by teams comprising representatives from the oil industry, environmental agencies and local communities
All monitoring activities should be communicated t Weekly surveillance visits (by boat) to the to the community and all results should be made creeks to check for any indications of pollution publicly available. and any ongoing incidents or activities which may cause pollution. Surveillance by boat Below, UNEP makes a series of recommendations could be directed by aerial observations for monitoring in specific areas. Table 52 summarizes the approaches and frequencies to t Weekly visits to all oilfield installations, monitoring in each of the subject areas. including pipeline rights of way and contaminated sites, to look for signs of any Preventive surveillance new spills or encroachments, and also to check It was clear from the UNEP investigation that on progress with remediation where this is there is little, if any, preventive surveillance at taking place. oilfield sites in Ogoniland. Polluting activities go unhindered and when an incident occurs Preventive surveillance should be undertaken by there is a (sometimes considerable) time lag a team consisting of oil industry representatives between the event and it coming to the notice of and environmental agencies, together with an the appropriate authority. UNEP recommends appointed local community representative as guide that comprehensive preventive surveillance is and to achieve local ‘buy in’. Daily information established, with the following elements: reports should be presented to all relevant t Weekly aerial scouting (conditions permitting) stakeholders, including the community. However, of the entire Ogoni oilfield (including the UNEP recognizes that surveillance activities by creeks and pipeline rights of way) to identify boat and on land can only be implemented once any new incidents or activities which may the entire security situation within Ogoniland is result in environmental damage significantly improved.
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Monitoring of groundwater of field transects, undertaken once a year, and analysis of satellite imagery to supplement the Hydrocarbons were present in a number of field transects, also undertaken once a year. community wells monitored in Ogoniland. UNEP also observed at other contaminated sites that In due course, as the quality of vegetation and the contamination has reached the groundwater, water improve, surveys should include mangrove though it is currently not used for drinking. fauna in order to provide a real indication of The following broad approach to groundwater habitat restoration. monitoring is therefore recommended: Air quality monitoring t In all communities where hydrocarbon was observed in at least one well, carry out a one- Comprehensive air quality monitoring across off monitoring visit to all households to assess/ Ogoniland should be initiated to track ongoing verify the presence of hydrocarbons in their pollution, to help establish guidelines for protecting various drinking water sources. The analytes public health and to track improvements at sites to be checked should be decided upon based where clean-up activities are under way. on the likely source of pollution Public health monitoring t In order to protect public health, establish systematic monitoring around all contaminated A public health registry should be established sites to provide early warning of contaminant for the entire Ogoniland population in order migration to groundwater. Monitoring should to track health trends and take proactive action be carried out monthly and reports made individually and/or collectively where impacts public. The analytes to be checked should be relating to long-term exposure to hydrocarbon decided upon based on the likely source of pollution are evident. pollution. UNEP observed some communities experiencing Monitoring of water bodies, fish extraordinarily high exposures to petroleum. In and aquatic sediments addition to the recommended health registry, a cohort registry of these exposed individuals would A comprehensive monitoring plan focusing on allow for a better and more extensive study than was the water bodies, including the Imo River, around possible given UNEP’s scope of work. Such a cohort Ogoniland should be initiated. It should cover registry would list individuals who live in the highly water, fish, sediments and benthic communities exposed communities and provide the infrastructure and can be used to: to study the health status of cohort members. Ideally, a standardized health service system would t inform guidelines for zoning of areas where be established for the cohort for the purpose of fishing and recreational activities are temporarily implementing the health status assessments. suspended owing to excessive pollution t track improvements in environmental quality 6.5 Recommendations for as remediation activities are undertaken. changes to regulatory framework Monitoring of water along established transects should be carried out monthly. Monitoring of In this section, UNEP makes specific recommendations sediments and benthic communities should be to strengthen the legal and institutional weaknesses completed every quarter. identified during the environmental assessment of Ogoniland. Monitoring of vegetation and fauna Legislative matters Monitoring of vegetation recovery should be carried out within the creeks and at all oilfield The regulation dealing with the oil industry is the sites. The approach should involve a combination Environmental Guidelines and Standards for Petroleum
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4ABLE -ONITORING SECTORS APPROACHES AND FREQUENCIES Monitoring Monitoring approach Frequency sector Preventive Aerial scouting Weekly surveillance Surveillance from boats Weekly Surveillance of facilities Weekly and incident sites Groundwater Household visits in One-off impacted communities Wells around impacted Monthly sites and facilities Water bodies Surface water Monthly Sediments Quarterly Fish Quarterly Benthic organisms Quarterly Vegetation Transects in creeks and Once a year oilfield sites Mangrove fauna Once a year Analysis of satellite Once a year imagery Air quality Particulate Monthly measurements, hydrocarbons Public health Cohort registry of highly Yearly exposed communities A public health registry should be established for the Ogoniland population to track health trends Public health registry Yearly and take action where impacts relating to long- of entire Ogoniland term hydrocarbon pollution exposure are evident community
Industry in Nigeria (EGASPIN). Oversight of the (ii) Clarify the approach to be taken for clean regulation lies with the Department of Petroleum up of oil spills and other contaminated Resources within the Ministry of Petroleum Resources. land, giving clear guidance on remediation criteria and realistic timeframes within 1. Transfer oversight of the EGASPIN to the which remediation has to be achieved Federal Ministry of Environment, if necessary with appropriate staff or by recruiting and (iii) Clarify the present inconsistency between training new staff ‘intervention value’ and ‘target value’ should such an approach continue to be adopted 2. Make the following operational changes to the regulation: (iv) Include guidance on decommissioning and the environmental due diligence assessment (i) Make the provision for social and health to be undertaken while completing the impact assessment an integral part of the decommissioning process overall environmental impact assessment (EIA) process for all new oil and gas (v) Add new guidance on: (a) surface water facilities and upgrades to existing facilities, quality management; (b) ambient air quality; in line with international best practice and (c) mangroves and coastal vegetation
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(vi) Ensure all provisions of the regulation are is the overlapping mandates of DPR and internally consistent with one another NOSDRA
3. Establish guidelines on the circumstances in 2. Review the provisions of the NOSDRA which recreational and/or commercial fishery (Establishment) Act, 2006 against NOSDRA’s closures should be implemented in water current operational responsibilities. The bodies subjected to pollution Act should either be expanded to include responsibility for environmental contamination 4. Establish guidelines on the circumstances in general (other than oil spills) or oversight in which swimming, bathing and other of clean-up should be given to a separate recreational activities should be closed in a governmental department water body subjected to pollution 3. Clarify the mandates for the regulation and 5. Improve public access to information, particularly oversight of the following key issues: non-classified information regarding the oil industry, such as EIAs, monitoring reports, spill (i) Water quality in the creeks reports and remediation closure reports (ii) Standard setting for various uses of the 6. Increase access to environmental legislation. creeks (e.g. for recreation, fishing), similar The high prices currently charged for to environmental quality objectives and legal texts make it difficult for citizens, standards developed in other countries non-governmental organizations, smaller (iii) Monitoring of public health companies and even governmental institutions to obtain them. Ensure that (iv) Restoration, management and monitoring all legislation related to the oil and gas of mangroves sector, as well as environmental legislation, is publicly and freely accessible on a single 4. Lack of resources is a constant theme across website (comparable to Eur-Lex in the many Nigerian institutions (central, state and European Union [72]). Legislation should local). Build the capacity of government and be catalogued and search engines should non-governmental agencies to enable them to allow for different inquiries (according fulfil their mandates. In particular: to subject, full name of the Act, type of legislation, year of coming into force, etc.). (i) increase human resources In addition, governmental departments and (ii) increase the availability of material agencies should make available, though their resources (hardware, vehicles, maintenance websites, their respective governing Acts, budgets, etc.), particularly of those related legislation, guidelines, standards and agencies that currently depend on the oil procedures. industry for logistical support Institutional arrangements (iii) improve the technical skills of individuals in the various agencies to enable them to 1. In cases where specific mandates are given to deal effectively with the oil industry. newly formed agencies, EITHER:
(i) all existing mandates held by older/ 6.6 Recommendations for other institutions and covering the same follow-up subject area should be revoked, OR: In the field of contaminated site assessment, (ii) similar mandates of two or more trade-offs have been made between the amount of institutions should be revised to clearly money spent on gathering field information versus delineate the roles and responsibilities of the amount spent on clean-up activities. This each of the institutions. A clear example trade-off has given rise to the phased approach
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The next logical step in the clean-up and restoration of Ogoniland is to review the available information and set priorities for action. However, two things must precede that: t Firstly, it is important that the ongoing contamination, from all possible sources, is brought to an end with minimum delay t Secondly, at each of the individual sites, actions must be taken to prevent them from being secondary sources of ongoing contamination while further risk assessments or investigations are undertaken.
In terms of prioritizing specific locations to be cleaned up, restored or rehabilitated, the following framework is suggested.
Priority 1 All instances where the Ogoni community is known to be at risk. This includes treating contaminated drinking water sources and re-housing families living on or adjacent to contaminated oilfield Ongoing contamination from all possible sources facilities, such as well pads or rights of way. should be curtailed with minimum delay
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While environmental restoration in Ogoniland will take decades, concurrently implementing priority actions will have an immediate and positive impact
activity taking decades, many of these actions will t Apart from determining the concentration be – indeed must be – implemented in parallel. of contaminants in a given site’s soils and water component, an important property is Based on the prioritization process, at individual the transport behavior of the contaminant sites additional information gathering will be when in contact with aqueous solution. needed, which may include: This behavior can provide insights into t Details of the geological and hydrogeological the potential for transfer of contaminants properties (e.g. soil type, particle size and to potential receptors. Hence, a leaching/ hydraulic conductivity/permeability) desorption test is desirable to determine how contaminants partition from the solid phase t Concentration of metals in the sites: Some metals to the liquid phase. For the groundwater (Ni and V) are present with crude oil while and surface water, an adsorption test is also Pb was added in the past to refined product desirable for the same reason. as an additive. In addition, heavy metals may be present in the soil as natural constituents. t Further speciated analyses of the hydrocarbons, Regardless of the orgin, they can interfere with in particular PAHs, may be of interest in the clean-up and can also cause additional risk. detailed risk assessments.
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Achieving long-term sustainability for Ogoniland will require coordinated and collaborative action from all stakeholders © Mazen Saggar
UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
Ogoniland’s Path Creation of an Ogoniland Environmental Restoration Authority to Sustainability The sustainable environmental restoration of Treating the problem of environmental con- Ogoniland will take up to 20 years to achieve tamination within Ogoniland merely as a technical and will need coordinated efforts on the part of clean-up exercise would ultimately lead to failure. government agencies at all levels. Among the many While the technical recommendations made challenges are inadequate institutional capacity in this report are essentially aimed at securing (both technical and financial) and overlapping environmental improvements throughout institutional mandates, procedures and structures Ogoniland, ensuring long-term sustainability is which, collectively, prevent effective coordination. a much bigger challenge – one that will require Resolving these issues will be a process which coordinated and collaborative action from all itself could take years. Hence, the expectation stakeholders. This can only be achieved when that effective environmental restoration can there is sufficient dialogue, confidence and trust be achieved in Ogoniland with the current institutional capacity and framework is simply not between all the parties involved. Clearly, this is not realistic. However, stalling the commencement the case at present. Consequently, it is to be hoped of the clean-up phase until such time that all of that the environmental clean-up of Ogoniland these institutional issues are addressed is also not will have multiple effects: a realistic option due to the seriousness of the t that it will bring all those involved in the environmental situation. project together in a single concerted cause UNEP therefore recommends that the Federal t that in doing so it will build confidence and Government of Nigeria establishes an ‘Ogoniland skills within the participating institutions Environmental Restoration Authority’. The new authority should have a number of important t that it will involve and provide new features, including but not limited to the opportunities for the Ogoni people and following: ultimately 1. The mandate to follow up and oversee t that it will create decent living conditions implementation of the recommendations and secure livelihoods within a clean and made in this report, as well as any other healthy environment for the entire Ogoniland matters that the Federal Government may community wish to assign to the Authority
The recommendations given below address the 2. The Authority will have a fixed lifespan, initially three key stakeholders in Ogoniland: the three of ten years. Within this time the key elements tiers of Government in Nigeria (federal, state and of the restoration should be in place and local), the oil companies that have an operational overall institutional strengthening achieved. interest in Ogoniland (or may have so in future) After ten years the Federal Government, on and the Ogoniland community (with all the reviewing the status of the environmental elements therein). restoration and the overall institutional capacity, may either extend the Authority’s mandate for another term or redistribute the 7.1 Recommendations for tasks to the other, strengthened, agencies Government 3. The Authority will work under the Federal In this section the term ‘Government’ represents Ministry of Environment all three tiers: federal, state and local. Where specific actions are directed towards one tier of 4. The Authority’s staff will largely be seconded government, this is stated explicitly. from relevant national and state institutions
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Garri (cassava) at an Ogoniland market. It is hoped the environmental clean-up of Ogoniland will secure livelihoods
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5. The Authority will have a separate budget which Ogale). The clean-up objectives, standards will accrue from the Ogoniland Environmental and target will first need to be decided before Restoration Fund (see next section) a volume estimate and associated costing can be attempted. 6. The Authority, in addition to dealing with matters of environmental restoration, will 4. No estimate is given for the clean-up of surface have a full team of communication experts water. It is assumed that once the ongoing input of to ensure ongoing engagement and dialogue oil into the surface water is stopped, natural process with the Ogoni community and continue will flush the floating oil. However, in locations the educational initiatives aimed at raising where there is not enough water exchange, awareness of the issues arising from oil spills, intervention will be needed for the clean-up. whether they result from operational failure or illegal activities 5. The response and clean-up costs for any new spills, or newly discovered spills, simply 7. The Authority will have an oversight cannot be estimated mechanism which could be equivalent to the current Presidential Implementation 6. Land will need to be leased to establish the Committee (PIC). Integrated Contaminated Soil Treatment Centre and mini treatment centres in situ. The cost of land acquisition is not included. Creating an Environmental Restoration Fund for Ogoniland 7. The report recommends a set of asset integrity actions for the oil industry, which include A detailed costing of the various recommendations better securing of the facilities and proper made in this report was not within the scope of the decommissioning of abandoned facilities. work and was therefore not attempted. However, These costs also are not included above. it is clear that major investments will be needed to undertake the report’s recommendations. A 8. A major cost item will be the restoration preliminary estimate of the initial investments of mangroves and forests within the creeks needed to rehabilitate and restore the environment around Ogoniland. The current estimates are is presented in Table 54. limited to a pilot area of impacted mangroves and forests around the Bodo West oil field It must be noted that the estimates given above are facilities. preliminary only, and are provided so that there is sufficient funding to initiate follow-up actions. The creation of an ‘Environmental Restoration The final clean-up costs are likely to be different, Fund for Ogoniland’, with initial capital of USD indeed much higher, for the following reasons: 1 billion, is therefore recommended:
1. Full environmental restoration of Ogoniland 1. The Fund should be established with financial will be a project which will take around 25-30 inputs from the oil industry operators with years to complete, after the ongoing pollution prevailing interests in Ogoniland (currently has been brought to an end. The current cost SPDC and NNPC) and the Federal Government estimates are operational costs of the new of Nigeria as a major shareholder in both these institutions over the first five years. entities
2. The clean-up costs for contaminated soil, a key 2. The Fund should be used only for activities component of the overall costs, will depend dealing specifically with the environmental substantially on the remediation standards set. restoration of Ogoniland, including capacity A more stringent standard will lead to higher building, skills transfer and conflict resolution clean-up costs. 3. Management of the Fund should be the 3. The cost of clean-up of groundwater is not responsibility of the Ogoniland Environmental included in this costing (except for Nsisioken Restoration Authority.
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4ABLE 0RELIMINARY COST ESTIMATE FOR THE lRST lVE YEARS OF RESTORATION Sl # Item Estimated cost (USD) Emergency Measures (80 % for providing alternative drinking water 1 63,750,000 to communities with contaminated water supply) 2 Clean up of Land contamination 611,466,100 3 Clean up of Benzene and MTBE Contamination and Nsisioken Ogale 50,000,000 4 Clean up of Sediments 20,000,000 5 Restoration of Artisanal Refining Sites 99,452,700 6 Mangrove restoration and rehabilitation 25,500,000 7 Surveillance and Monitoring 21,468,000 8 Ogoniland Restoration Authority 44,000,000 9 Center for Excellence in Restoration 18,600,000 10 Alternative Employment to those in Artisanal Refining 10,000,000 Sub total 964,236,800 Thirdparty Verification and International Expert Support to 48,211,840 implementation recommendations @ 5 % Total 1,012,448,640
Creating a Centre of Excellence for t open its enrolment to people outside Ogoniland Environmental Restoration and the wider Niger Delta (including from other countries) The environmental restoration activities in Ogoniland will be extensive, extend over a long Declare the intent to make the time period and involve thousands of the Ogoni people. However, the problems currently affecting wetlands around Ogoniland Ogoniland are also being experienced, and on a a Ramsar site bigger scale, throughout the Niger Delta, as well as The Convention on Wetlands (Ramsar, Iran, 1971) in many other parts of the world. The experience gained from the restoration work in Ogoniland – more familiarly called the Ramsar Convention will provide an excellent basis for establishing – is an intergovernmental treaty that embodies a Centre of Excellence for Environmental the commitments of its 160 member countries to Restoration in Ogoniland. Offering a range of maintain the ecological character of their Wetlands activities and services, the Centre could: of International Importance and to plan for the ‘wise’ or sustainable use of all of the wetlands in t run training courses in environmental monitoring their territories. Nigeria became a Contracting and restoration Party to the Convention on 2 February 2001 and it now has 11 Ramsar sites covering a total area of t enhance the capacity and skills of the Ogoni 1,076,728 ha. community, with opportunities for employment The wetlands around Ogoniland are highly t promote learning, both in the region and more degraded and facing disintegration. However, widely, including abroad it is still technically feasible to restore effective t become a model for environmental restoration, ecosystem functioning, although this will only attracting visiting experts, students and visitors be possible if a series of technical and political from overseas initiatives are undertaken. In order to demonstrate the Federal Government’s resolve for effective t assist with business development, offering action and its sustained interest in this issue, training on all aspects of setting up and it may be appropriate to declare the intent to running a successful company (legal, financial, designate the wetlands around Ogoniland as a technical, health and safety, etc.) Ramsar site in due course. This would provide
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Pupils in Ebubu, Eleme LGA, planted trees with the UNEP project team to mark World Environment Day 2011. The involvement of the entire Ogoni community will be crucial to achieve sustainable environmental improvement for future generations
7.3 Recommendations for the 2. Presently, some community members prevent Ogoniland community access to oil spills using protest and the threat of violence. Protracted negotiations over Sustainable environmental improvement in access with oil spill response teams means that Ogoniland can only be achieved with the responses to spills are delayed, often by weeks, involvement and cooperation of the entire Ogoni resulting in a far greater environmental impact, community. In this respect the following elements the negative consequences of which are borne are of critical importance: by the wider community.
1. The proposals outlined in this report have 3. The community should take a proactive and the potential to bring in substantial new public stand against individuals or groups who investment, employment opportunities and a engage in illegal activities such as bunkering new culture of cooperation into Ogoniland. The and artisanal refining. These activities result Ogoni community should take full advantage in a huge environmental footprint, seriously of the opportunities that will be created by impacting public health and livelihood these developments. These projects potentially activities, particularly fishing and agriculture. offer the community an unprecedented opportunity to be at the forefront of a world- class environmental restoration project that 7.4 Interim actions to move will improve their living conditions and forward livelihoods and provide them with skills that can be exported nationally, regionally In order to implement the technical and strategic and internationally. This is a transformative recommendations in UNEP’s report, it is necessary moment and the Ogoni community should to initiate a series of practical actions, as detailed endeavour to seize it in a positive manner. on the following pages.
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Chief Gilbert Warine speaking during a Community Consultation Committee meeting at the UNEP project office, Port Harcourt. New multiple stakeholder working groups are recommended
1. New and enhanced mandate for the Presidential Environmental Restoration Authority (OERA). Implementation Committee (PIC): The PIC The membership of the PIC should be expanded was established with a broad mandate to to include representatives from stakeholders oversee the implementation of the assessment with an interest in the restoration project. project. With the successful completion of the assessment, this mandate is coming to an 2. Technical Working Groups: The formation end. However, in order for the assessment of various working groups will enable this phase to lead to clean-up and restoration of the report’s recommendations to be initiated environment in Ogoniland, it is important that and actioned in parallel. Due to the scale continuity is maintained and a logical approach and diverse technical nature of the follow- will be to give a new and enhanced mandate up actions, the working groups should to the PIC. Such a mandate could include comprise experts with broad-ranging skills oversight of the recommended Ogoniland and knowledge from the following sectors:
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t Government of Nigeria (Federal Ministries with, and gaining the approval of, Ogoni and Agencies) communities regarding the contents of UNEP’s t Government of Rivers State (State Ministries report, including the key recommendations and Agencies) and follow-up actions. t academicians t oil industry 7.5 Transition Phase t the community With the submission of this report, the Environ- The following working groups are recommended: mental Assessment of Ogoniland project comes to an end. If the Government of Nigeria accepts 1. Technical Working Group on Environmental the various recommendations in this report, a Restoration (TWG-ER): This working group new institution, the Ogoniland Environmental will focus on the strategies and approaches for Restoration Authority (OERA), will be established environmental restoration in Ogoniland, as to carry forward the work towards the clean-up and outlined in the report. This will be the forum environmental restoration. where prioritizing areas and sites for clean-up will be discussed and finalized. This will also be However, in the period between when the report the forum to consider the appropriate technical is published and the new authority is in place, approaches for each of the restoration actions there needs to be an interim arrangement to (land, sediment, water and mangroves). maintain the existing positive momentum, keep the issues active and continue to move towards 2. Technical Working Group on Surveillance environmental restoration. and Monitoring (TWG-SM): The TWG- SM will focus on designing and providing It is therefore proposed that a Transition Phase is guidance for surveillance and monitoring of initiated as a priority, which would help ensure a the environmental situation in Ogoniland. seamless transition from UNEP’s environmental This group will further discuss the surveillance assessment to the clean-up of oil contamination. and monitoring actions recommended in the The key objectives of the Transition Phase will be: report and finalize detailed plans in terms of developing terms of reference for the technical locations, methodologies and frequency. t working groups 3. Technical Working Group on Water Supply t detailed design for, and establishment of, the (TWG-WS): This working group will focus on OERA prioritizing the communities which need to be provided with alternative drinking water supplies t identifying members for the various technical and other actions needed for the community to working groups be protected from unsafe water. t providing a secretariat for the working groups 4. Technical Working Group on Legislation t providing capacity building, such as training, and Standards (TWG-LS): The focus of this to support the working groups working group will be the review of existing t identifying the preferred site for setting up the legislation and standards and institutional Integrated Contaminated Soil Management roles and responsibilities as applying to Centre environmental contamination, monitoring and management in Nigeria. The group will t gathering commercial and technical information discuss the required changes and make further for detailed design of the clean-up plans detailed recommendations to the Government t initiating the ambient environmental monitoring of Nigeria. of various environmental sectors, and 5. Technical Working Group on Community t preparing a socio-economic study for the and Communication (TWG-CC): This group development of a livelihoods strategy for will have the important task of communicating Ogoniland.
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Appendices UNEP ENVIRONMENTAL ASSESSMENT OF OGONILAND
Appendix 1 Acronyms and abbreviations
ASTER Advanced Spaceborne Thermal Emission and Reflection Radiometer ASTM American Society for Testing and Materials (known as ASTM International) Ba barium bgs below ground surface bpd barrels per day BTEX benzene, toluene, ethylbenzene, xylenes CDU crude distillation unit CL Contaminated Land cm centimetre cps counts per second DPR (Nigerian) Department of Petroleum Resources EGASPIN Environmental Guidelines and Standards for Petroleum Industry in Nigeria EIA environmental impact assessment FCCU fluid catalytic cracking unit g gram GC gas chromatography GC-FID gas chromatograph-flame ionization detector GC-MS gas chromatograph-mass spectroscopy GPS Global Positioning System ha hectare HDPE high-density polyethylene ICP-MS inductively coupled plasma mass spectrometry IPIECA International Petroleum Industry Environmental Conservation Association ICSMC Integrated Contaminated Soil Management Centre keV kilo-electron volt kg kilogram km kilometre km2 square kilometre l litre LGA local government area LPG liquefied petroleum gas m metre m2 square metre m3 cubic metre mg milligram ml millilitre mm millimetre MOPOL Nigerian mobile police MOSOP Movement for the Survival of the Ogoni People
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m/s metres per second msl mean sea level MTBE methyl tertiary butyl ether MW megawatt NNPC Nigerian National Petroleum Company NORM naturally occurring radioactive material NOSDRA National Oil Spill Detection and Response Agency nSv/h nanosievert per hour OERA Ogoniland Environmental Restoration Authority OGFZ oil and gas free zone OSCP Oil Spill Contingency Plan PAH polycyclic aromatic hydrocarbon PHRC Port Harcourt Refining Company PIC Presidential Implementation Committee PM particulate matter ppm parts per million PPMC Pipelines and Products Marketing Company QA/QC quality assurance/quality control RBCA Risk-Based Corrective Action RBSL risk-based screening level RENA remediation by enhanced natural attenuation RMS (SPDC) Remediation Management System RSUST Rivers State University of Science and Technology SVOC semi-volatile organic compound SEPCiN Shell Exploration and Production Companies in Nigeria SPDC Shell Petroleum Development Company (Nigeria) Ltd TDU thermal desorption unit TPH Total Petroleum Hydrocarbon TPHCWG Total Petroleum Hydrocarbon Criteria Working Group TWG-CC Technical Working Group on Community and Communication TWG-ER Technical Working Group on Environmental Restoration TWG-LS Technical Working Group on Legislation and Standards TWG-SM Technical Working Group on Surveillance and Monitoring TWG-WS Technical Working Group on Water Supply UNDP United Nations Development Programme UNDSS United Nations Department of Safety and Security UNEP United Nations Environment Programme USEPA United States Environmental Protection Agency μm micrometre μS/cm micro Siemens per cm VDU vacuum distillation unit VOC volatile organic compound WHO World Health Organization
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Appendix 2 Glossary
Abandonment The act of disengaging an oil well or oil facility from active operation
Absorption The property of some liquids or solids to soak up water or other fluids
Adsorption The property of some solids and liquids to attract a liquid or a gas to their surfaces
Aliphatic compounds Acyclic or cyclic, non-aromatic carbon compounds (of, relating to, or designating a group of organic chemical compounds in which the carbon atoms are linked in open chains)
Aquifer A body of rock whose fluid saturation, porosity and permeability permit production of groundwater
Aromatic hydrocarbon A hydrocarbon characterized by general alternating double and single bonds between carbons (of, relating to, or containing one or more six-carbon rings characteristic of the benzene series and related organic groups)
Asphalt A solid or nearly solid form of bitumen that can melt upon heating and contains impurities such as nitrogen, oxygen and sulfur. Forms naturally when the light components or volatiles of petroleum have been removed or evaporated
Associated gas (Also termed ‘formation gas’) A natural gas found in association with crude oil either dissolved in the oil or as a cap of free gas above the oil
Benthic Pertaining to the environment and conditions of organisms living at the water bottom, or benthos
Bitumen Naturally occurring, inflammable organic matter formed from kerogen in the process of petroleum generation that is soluble in carbon bisulfide. Includes hydrocarbons such as asphalt and mineral wax. Typically solid or nearly so, brown or black, bitumen has a distinctive petroliferous odour
Blowout An uncontrolled flow of fluids (salt water, oil, gas or a mixture of these) into the borehole, and sometimes catastrophically to the surface. Blowouts occur in all types of exploration and production operations, not just during drilling operations
Borehole The borehole itself (also termed ‘wellbore’), including the open hole or uncased portion of the well. Also refers to the inside diameter of the borehole wall, the rock face that bounds the drilled hole
Bunkering The act or process of supplying a ship with fuel. In Ogoniland and the wider Niger Delta, also used to refer to illegal tapping into oil industry infrastructure with a view to stealing oil
Clean-up The act of removing pollutants from a location by treating soil and groundwater contaminated with hydrocarbons
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(Petroleum) Cracking The breaking down of high-molecular value hydrocarbons into low-molecular weight compounds. The process involves very high temperature and pressure and can involve a chemical catalyst to improve the process efficiency
Crude oil Unrefined petroleum or liquid petroleum
Cuttings / tailings Small pieces of rock that break away due to the action of the drill-bit teeth. Cuttings are screened out of the liquid mud system and are monitored for composition, size, shape, colour, texture, hydrocarbon content and other properties
Decommissioning The act of disengaging an oil well or oil facility from active operation but doing so in a safe and environmentally acceptable manner
(Oil) Exploration The initial phase in petroleum operations that includes the location of an area in which hydrocarbon accumulations may occur and the drilling of an exploration well. Appraisal, development and production phases follow successful exploration
Feedstock Crude oil – essentially the hundreds of different hydrocarbon molecules in crude oil which, separated in a refinery, can be used in petrochemical processes that manufacture such products as plastics, detergents, solvents, elastomers and fibres such as nylon and polyesters
Flaring The burning of unwanted gas through a pipe (also called a flare). Flaring is a means of disposal used when there is no way to transport the gas to market and the operator cannot use the gas for another purpose
Flow station Separation facilities (also called gathering centres) which separate natural gas and water from crude oil extracted from production wells
Formation water Water that occurs naturally within the pores of rock
Fugitive emissions Emissions of gases or vapours from pressurized equipment due to leaks and various other unintended or irregular releases
Groundwater Water held in the pores of rocks in the subsurface below the water table
Gypsum A highly insoluble sulphate mineral that is the first to precipitate from evaporating seawater
Hydrocarbon A naturally occurring organic compound comprising hydrogen and carbon. Hydrocarbons can be as simple as methane [CH4], but many are highly complex molecules and can occur as gases, liquids or solids. The molecules can have the shape of chains, branching chains, rings or other structures. Petroleum is a complex mixture of hydrocarbons. The most common hydrocarbons are natural gas, oil and coal
Light hydrocarbons Hydrocarbons with low molecular weight such as methane, ethane, propane and butane
Liquefied petroleum gas Gas mainly composed of propane and butane, which has been liquefied at low temperatures and moderate pressures. The gas is obtainable from refinery gases or after the cracking process of crude oil
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Manifold An arrangement of piping or valves designed to control, distribute and often monitor fluid flow
Mineral oil Oil found within rock formations, specifically petroleum or crude oil
(Drilling) Muds Fluids prepared by mixing clay and other chemicals along with water, diesel or synthetic oil for use in oil well drilling operations.
Naturally occurring radioactive materials (NORM) Potentially hazardous materials typically found in certain types of barium or strontium scales that may be deposited in the borehole
Oil industry Collective term covering the exploration, extraction, production, transportation and exportation of crude oil and associated refined products
Oil spill Accidental release of crude or refined oil products into the environment
Oil well A well drilled into oil-bearing geological formations to produce crude oil as the primary commercial product. Oil wells almost always produce some gas and frequently produce water; most eventually produce mostly gas or water
Operator The company that serves as the overall manager and decision-maker of a drilling project. Generally, but not always, the operator will have the largest financial stake in the project
Petroleum Generally used to refer to liquid crude oil, a complex mixture of naturally occurring hydrocarbon compounds found in rock, ranging from solid to gas
Pigging Forcing a device called a pig through a pipeline or a flow line for the purpose of cleaning the interior walls of the pipe, separating different products or displacing fluids
Pipeline A tube or system of tubes used for transporting crude oil and natural gas from the field or gathering system to the refinery
Produced water Water produced along with the oil and gas which originates from water trapped in permeable sedimentary rocks within the well bore. Disposal of produced water can be problematic in environmental terms due to its highly saline nature
Receptor Organisms (including human beings), ecosystems or water resources at risk from exposure to oil contaminants
Remote sensing The process of measuring, observing or analysing features of the Earth from a distance – satellite photography and radar are techniques commonly used for remote sensing
Right(s) of way Designated land around oil pipelines or oil industry installations to facilitate access to and protection of oil industry assets
Sediment Unconsolidated grains of minerals, organic matter or pre-existing rocks, that can be transported by water, ice or wind, and deposited
Tailings See ‘Cuttings’
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Total Petroleum Hydrocarbons (TPH) The family of hydrocarbons which originate from crude oil
Valves Apparatus designed to maintain, restrict or meter the flow of materials through pipes, hoses, tubing or entire systems by using various mechanisms such as a choke, a ball or a gate. Valves generally function by allowing flow while in their open position, and restricting flow when closed
Wellhead The topmost point of a well and the structure built over it. Includes control equipment such as outlets, valves, blowout preventers, casing heads and tubing heads
Principal source (adapted): ‘The Oilfield Glossary: Where the Oil Field Meets the Dictionary’ at www.glossary.oilfield.slb.com
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Appendix 3 References
All website addresses last accessed 1 March 2011
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48. Ohimain, E.I. (2004). Environmental impacts of dredging in the Niger Delta. Options for sediment relocation that will mitigate acidification and enhance natural mangrove restoration. Terra et Aqua 97: 9-19.
49 Sunderland, T.C.H. and Morakinyo, T. (2002). Nypa fructicans, a weed in West Africa. Palms 46(3): 154-155.
50. Isebor, C.E., Ajayi, T.O. and Anyanwu, A. (2003). The incidence of Nypa fruticans (Wurmb) and its impact on fisheries production in the Niger Delta mangrove ecosystem. In: 16th Annual Conference of the Fisheries Society of Nigeria (FISON), 4-9 November 2001, Maiduguri, Nigeria. Available at www.aquaticcommons.org/3588/1/16P013.pdf
51. Oil Spills in the Marine Environment. Sources, Fates and Effects. National Research Council/ National Academy of Science , US National Research Council (2002). Available at http://dels.nas.edu/Report/Inputs/10388
52. Page, D.S., Boehm, P.D., Brown, J.S., Bence, A.E., Douglas, G.S. and Neff, J.M. (2002). Baseline Studies on the Bioavailable Polycyclic Aromatic Hydrocarbons in Prince William Sound, Alaska. Proceedings SETAC 23rd Annual Meeting. Society of Environmental Toxicology and Chemistry.
53. McIntosh, A.D., Moffat, C.F., Packer, G. and Webster, L. (2004). Polycyclic aromatic hydrocarbon (PAH) concentration and composition in framed blue mussels (Mytilus edulis) in sea loch pre- and post-closure of an aluminium smelter. Journal Environmental Monitoring Vol. 6, pp 208-218.
54. Norena-Barroso, E., Gold-Bouchot, G., Zapata-Perez, O. and Sericano, J. (1999). Polynuclear aromatic hydrocarbons in American oyster Crassostrea virginica from Terminos Lagoon, Campeche, Mexico. Marine Pollution Bulletin Vol. 38, pp 637-645.
55. Qian, Y.R., Wade T. and Sericano, J. (2001). Sources and bioavailability of polynuclear aromatic hydrocarbons in Galveston Bay, Texas. Estuaries Vol. 24, pp 817-827.
56. Villenueve, J.P., Carvalho, F.P., Fowler, S.W. and Cattini, C. (1999). Levels and trends of PCBs, chlorinated pesticides and petroleum hydrocarbons in mussels from NW Mediterranean coast: comparison of concentrations in 1973/74 and 1988/89. Science of the Total Environment Vol. 237-238, pp 57-65.
57. WHO (2008). Guidelines for Drinking-water Quality, Third Edition Incorporating the First and Second Addenda, Volume 1: Recommendations. Geneva
58. WHO (2006). Air quality guidelines for particulate matter, ozone, nitrogen dioxide and sulfur dioxide. Global update 2005: Summary of risk assessment. WHO/SDE/PHE/OEH/06.02. Available at whqlibdoc.who.int/hq/2006/WHO_SDE_PHE_OEH_06.02_eng.pdf
59. van Donkelaar, A., Martin, R.V., Brauer, M., Kahn, R., Levy, R., Verduzco, C. and Villeneuve, P.J. (2010). Global Estimates of Ambient Fine Particulate Matter Concentrations from Satellite-Based Aerosol Optical Depth: Development and Application. Environ. Health Perspect. 118(6): 847-855.
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60. National Population Commission (2009). Nigeria Demographic and Health Survey 2008.
61. National Bureau of Statistics, Federal Republic of Nigeria (2009). Social Statistics in Nigeria. www.nigerianstat.gov.ng
62. WHO (2006). Country Health System Fact Sheet 2006 – Nigeria.
63. Laye Medical Limited (2004). Health Sector Master Plan for the NDDC States. Final Technical Report. Prepared for the NDDC, February 2004.
64. Klara M. Wanelik, A review of the impacts on and restoration methods for oil polluted mangrove
65. Quintin, A. and Fraiser L. (2010) “Comparison of International Risk Based Screening Levels”, Proceeeds of the Annual International Conference on Soil Sediments, Water and Energy: Vo. 15, Art 24.
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Appendix 4 Collaborating partners
Rivers State University of Science and Technology Port Harcourt, Nigeria: http://www.ust.edu.ng/ Area of collaboration Technical collaboration in area of contaminated soil and groundwater, aquatic, vegetation and public health.
Al Control Laboratories Chester, United Kingdom: http://www.alcontrol.com/ Area of collaboration Analyses of all soil, sediment and water samples. Specialised analyses of crude oil samples.
Spiez Laboratory Spiez, Switzerland: http://www.labor-spiez.ch/en/lab/index.htm Area of collaboration Analyses of Naturally Occurring Radioactive Materials (NORM).
Fugro Nigeria Limited Port Harcourt, Nigeria: http://www.fugronigeria.com/ Area of collaboration Drilling and installation of groundwater monitoring wells.
Universal Survey Services Port Harcourt, Nigeria: http://www.universalsurveyservices.com Area of collaboration Topographic survey of the groundwater monitoring wells.
ALS Scandinavia AG Luleå, Sweden: http://www.alsglobal.se/default_eng.asp Area of collaboration Analyses of fish samples.
Rivers State Polytechnic Bory, Nigeria: http://rivpoly.net/ Area of collaboration Assistance with site access and community liaison.
Port Harcourt University Port Harcourt, Nigeria: http://www.uniport.edu.ng/ Area of collaboration Technical collaboration during fieldwork.
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Appendix 5 List of contributors
UNEP Project Team Mr. Michael J. Cowing, Project Coordinator Mr. Babu Gopinathan, Officer-in-Charge and Technical Expert Mr. Firas Abu Tayeh, Office Coordinator Mr. Peter Dugbaek, Assistant Project Coordinator Mr. Thorsten Kallnischkies, Senior Contaminated Land Expert Prof. Olof Linden, Senior Marine and Fisheries Expert Dr. Urs Blösch, Senior Forestry and Agriculture Expert Dr. Donna Vorhees, Senior Public Health Expert Dr. Harlee Strauss, Senior Public Health Expert Ms. Eva Roben, Institutional Expert Ms. Annett Rieger, Contaminated Land Expert Mr. Jonas Palsson, Fisheries Expert Ms. Sabrina Meier, Forstry and Agriculture Expert Mr. Hannoa Guillaume-Davin, Project Advisor Mr. Dawit Yared, Project Assistant Mr. Ferdinand Giadom, Senior Technical Assistant Mr. Stephen Agugua, Technical Assistant Mr. Andrew Akhighu, Technical Assistant Mr. Eugene Oruchin-Philip, Technical Assistant Ms. Chinwe Ezinwa Ezekiel, Technical Assistant Mr. Clement Kemte Faah, Technical Assistant Mr. Marvin Dekil, Technical Assistant Mr. Raphael Saue, Technical Assistant Mr. Onisosweiya Emem, Technical Assistant Mr. Jimmy Bomo Okoroh, Communications Advisor Ms. Christine Austin Gbaraba, Community Liaison Assistant Mr. Philip Gomba Okparaji, Community Liaison Assistant Mr. John-Jerry Lebari Abie, Community Liaison Assistant Ms. Josephine Nzidee, Community Liaison Assistant Ms. Cynthia Okanje, Communication Assistant Ms. Doris Naze, Information Assistant Ms. Chinyere Mercy Nweke, Senior Administrative Assistant Mr. Godknows Asoka, Administrative Assistant Mr. Gbolahan Akinola, Administrative Assistant Ms. Esther Anidi, Administrative Assistant Mr. Roy Hingiryongo, Administrative Assistant Ms. Maureen Tyo, Administrative Associate Mr. Terry Akpan, Senior Driver Mr. Gift Elenwo, Senior Driver Mr. Diepreye Crispin, Driver Mr. Vincent Izidor, Driver Mr. Vincent Dimkpa, Driver Mr. Collins Oelo, Driver Mr. Promise Poromue, Driver Mr. Emmanuel Erengwa, Driver
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Ms. Uchenna Ogwo, Project Assistant Mr. Thomas Myatt, Health and Safety Mr. Nigel Milverton, Health and Safety Mr. Garry Timmins, Health and Safety Mr. Steve Martin, Health and Safety Mr. Martyn Mcbride, Health and Safety Mr. Shahryar F. Nakhai, Volunteer Mr. George Stirrett-Wood, Volunteer
UNEP Post-Conflict and Disaster Management Branch (Geneva) Mr. Henrik Slotte, Chief of Branch Dr. Asif Ali Zaidi, Operations Manager Mr. Muralee Thummarukudy, Project Coordinator Mr. David Jensen, Policy and Planning Coordinator Mr. Andrew Morton, Programme Manager, Haiti Ms. Silja Halle, Programme Officer
Ms. Natalie Barefoot, Programme Officer Mr. Mario Burger, Senior Scientific Advisor Mr. Altan Butt, Operations Assistant Mr. Michael J. Cowing, Project Coordinator Mr. Tom Delrue, Programme Officer Mr. Peter Dugbaek, Associate Programme Officer Ms. Marisol Estrella, Programme Officer Ms. Lucile Gingembre, Associate Programme Officer Mr. Hannoa Guillaume-Davin, Project Advisor Mr. Dennis Hamro-Drotz, Associate Programme Officer Ms. Julie Marks, Strategic Communications Advisor Ms. Reshmi Meyer, Communications Assistant Ms. Bessma Mourad, Senior Research Assistant Ms. Mani Nair, Administrative and Financial Assistant Ms. Satu Ojaluoma, Administrative Officer Ms. Elena Orlyk, Project Assistant Mr. Hassan Partow, Project Coordinator Mr. Matija Potocnik, Graphic Arts and Media Assistant Ms. Joanne Stutz, Programme Assistant Ms. Nita Venturelli, Administrative and Project Assistant Ms. Anne-Cecile Vialle, Associate Programme Officer Mr. Dawit Yared, Project Assistant
External scientific reviewers Dr. Ayaa K. Armah Senior Lecturer, Department of Oceanography and Fisheries University of Ghana, Ghana
Prof. Peter Brimblecombe School of Environmental Sciences University of East Anglia, United Kingdom
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Dr. Nick Brown Lecturer in Plant Sciences, Linacre College University of Oxford, United Kingdom
Dr. Susan A. Korrick, M.D., M.P.H. Assistant Professor of Medicine, Harvard Medical School Channing Laboratory, USA
Dr. David Little Environmental Consultant, United Kingdom
Mr. Fred Stroud III Senior Emergency Response Expert United States Environmental Protection Agency, USA
UNEP Headquarters Mr. Ibrahim Thiaw, Director, Division of Environmental Policy Implementation
Mr. Joseph Alcamo, Chief Scientist, UNEP
Mr. Mounkaila Goumandakoye, Director, Regional Office for Africa
Cartographic, GIS and Remote Sensing Mr. Yves Barthelemy, Senior Remote Sensing and GIS Expert Mr. Tim Richards, GIS Specialist Mr. Richard Wood, Data Management Expert Mr. Walid Aziz, Data Management Specialist
Rivers State University of Science and Technology Prof. Barineme Beke Fakae, Vice Chancellor Dr. Iyenemi Ibimina Kakulu, UNEP/RSUST Project Collaboration Coordinator Mr. Nekabari Paul Visigah, Land Access and Data Management Teams/RSUST Field Logistics Coordinator Mr. Fubara Long-John, Land Access Team Mr. Chula Au-Aru Ameeden Nkani, Land Access Team Mr. Yusuf Nurudeen Lawal, Land Access Team/Topographical Survey Mr. Olagbadebo Adebayo Ogunubi, Topographical Survey Mr. Simeon Addoh Igbara, Rivpoly, Land Access Team Mr. Isaac Akuru, Rivpoly, Land Access Team Mr. Victor A. Akujuru, Socio-Economics Team Rev. Ley Nwikpo, Socio-Economics Team Prof. Josiah M. Ayotamuno, Contaminated Land Team Mr. Lawrence O. Onu, Contaminated Land Team Dr. Fortunatus C. Obinna, Contaminated Land Team Mr. Precious Kennedy Ikegwu, Field Logistics Management Team Ms. Ibiye Fubara, Field Logistics Management Team Ms. Nene Benibo-Tonye, Field Logistics Team
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Mr. Tommy Tokoni Bailey, Field Logistics Team Mr. Boma Tennyson Horsfall, Field Logistics Team/Land Access Team Mr. Ibinabo James Owuti, Field Logistics Team/Land Access Team Mr Onyekachi Godswill Amadi, Field Logistics/Land Access Team Mr. Utchay Augustine Okorji, Field Logistics Team Mr. Bayo, Princewill Lekara, Field Logistics Team Mr. Lewura Ikpor, Field Logistics Team Ms. Josephine Igbara, Public Health Team Ms. Abigael Orisa, Public Health Team Dr. Akuro E. Gobo, Public Health/Air Quality Team Dr. Ini U. Obong, Public Health/Air Quality Team Dr. P.J. Nwiedor, Land Access Team/Community Sensitization Ms. Ebiwari Wokekoro, Land Access Team/-Community Sensitization Mr. Paulinus Ihua, Land Access Team/Community Sensitization Ms. Lucretia Barber, Agriculture Expert Team Prof. John Alawa, Agriculture Expert Team Prof. Felix Ikpe, Agriculture Expert Team Dr. Onyema Joseph Owen, Agriculture Expert Team Dr. Anne Amakiri, Agriculture Expert Team Dr. Benjamin Ekeke, Forestry Expert Team Mr. Elijah Leeh, Forestry Expert Team Mr. David Nwisua, Forestry Expert Team Prof. N.O. Nsirimah, Aquatic Expert Team Dr. S.N. Deekae, Aquatic Expert Team Dr. A.D.I. George, Aquatic Expert Team Dr. U.U. Gabriel, Aquatic Expert Team Dr. K. Wokoma, Aquatic Expert Team Mr.Hanson Behinbo Philips, Sampling Team Ms. Bliss Ukpeni Ikorogbudu, Sampling Team Mr. Justice Enoch, Sampling Team Ms. Inemotimi Atonyo, Sampling Team Mr. Monday Numbarabari Nwiakuro, Sampling Team Mr. Azibato E. Joseph, Sampling Team Mr. Elvis Ugochukwu Onwumere, Sampling Team Mr. Baribuma Gbimadee, Sampling Team Mr. Celestine Uzoma Ajie, Sampling Team Mr. Barnabas Baridakara Kanee, Sampling Team Mr. Cyprian Omereji Omereji, Sampling Team Mr. Esimajemiete Ogah, Sampling Team Mr. Franklin Twonzouwei, Sampling Team Mr. Franklin Okwudili Ofia, Sampling Team Ms. Tamuno Ajubo Okpaku, Sampling Team Mr. Daniel Okwuduwa Lumati, Sampling Team Mr. Ichebadu Ogor, Sampling Team Mr. Daniel Tobias Aggo, Sampling Team Mr. Sayeed Adebisi Adeniyi, Sampling Team Mr. Sokari Bennett Sokari, Sampling Team Mr. Titus Kolawole Adeniyi, Sampling Team Mr. Inainfe Ingodinyo, Sampling Team Mr. Ikeabiama N. Azuazu, Sampling Team Ms. Annie Soba Ida, Sampling Team Mr. Lawrence B Biidee, Sampling Team
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Mr. Godwin Ebolle, Sampling Team Mr. Obinne Joseph Okoromah, Sampling Team Ms. Alu Isobeye Longjohn, Sampling Team Namumun Ofori, Sampling Team Mr. London Obovure Jackson, Sampling Team Ms. Juliet Emeji, Sampling Team Mr. Kennedy Aleru, Sampling Team Mr. Ferdinand Eseimokumoh, Sampling Team Ms. Funkeye Eseimokumoh, Sampling Team Ms. Rachael Ukwuoma, Sampling Team Mr. Hanson Ideozu, Sampling Team Mr. Azubike George Des-Wosu, Sample Management Team Mr. Tamunosiki Nyanabo Wokoma, Sample Management Team Mr. Aghogho Arigo, Sample Management Team Mr. Ibiye S.K. Harry, Sample Management Team/Data Management Teams Mr. Thankgod Orji, Socio-economics Team Ms. Unyene Otugot Atagwung, Socio-economics Team Ms. Doubara Tina Soroh, Socio-economics Team Mr. Sheriff Eugene Izebe, Socio-economics Team Mr. Peace Nwikpo, Socio-economics Team Mr. Kambe Valentynn Ambrose, Socio-economics Team Mr. Gibson Epbabari, Socio-economics Team Ms. Queen Nwikpo, Socio-economics Team Mr. Fidelis Doobee, Socio-economics Team Mr. Godspower Togi Mgbo, Socio-economics Team Mr. Barineka Ikpor, Socio-economics Team Ms. Juliet Anugwor, Socio-economics Data Management Team Ms. Jane Akujuru, Socio-economics Data Management Team Ms. Ogechi Addline Marcus, Socio-economics Data Management Team Mr.Ekwueme Richard Wokocha, Socio-economics Data Management Team Mr. Tamunoemi F.D.C. Briggs, Socio-economics Data Management Team Mr. Lekpugi Iziinu, Field Logistics Team Mr. Lucky Leesi Gbarazege, Field Logistics Team Mr. Dirinna Amefula, Field Logistics Team Mr. Amatemeso O. Emmanuel, Well Geo-referencing Team, Ministry of Water Resources Ms. Dorathy Fakae, wife of the Vice Chancellor Ms. Idayingi Daminabo, Project Management Team Mr. Bariture Obengbe, Logistics Team Dr. T.K.S. Abam, Contaminated Team/Desk Studies Mr. Moses Baridoma, Land Access Team/Desk Studies Prof. E.N. Amadi, Political Advisor, Eleme LGA Mr. Ollor Amba Ollor, Desk Studies Ms. Patience Nkani, Desk Studies Department of Medical Laboratory Sciences, Laboratory Facilities Department of Food Science, Laboratory Facilities Department of Animal Science, Farm Services Department of Biology, Laboratory Facilities
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Special thanks
Rivers State Government Rt Hon. Rotimi Chibuike Amaechi, Executive Governor The Hon. Tele Ikuru, Deputy Governor The Hon. Magnus Ngei Abe, Secretary to State Government The Hon. Barrister Chinda Kingsley, Commissioner of Environment The Hon. Patricia Simon-Hart, Commissioner of Water Resources and Rural Development The Hon. Ibim Semenitari, Commissioner of Information Mr. R.N Godwins, Permanent Secretary, Ministry of Environment Mr. E.O. Ijeoma Samuel, Permanent Secretary, Ministry of Water Resources and Rural Development Sir John Nalley, Permanent Secretary, Ministry of Information and Communication Mr. E.I. Oye Director, Planning, Research and Statistics, Ministry of Environment Ms. Ogonna Rosemary Nsirim, Geologist, Ministry of Water Resources and Rural Development Mr. Boma Pepple, Special Assistant to the Secretary to State Government Mr. Gab Ofoma, Political Advisor
Ogoniland Local Government secretariats
Eleme LGA The Hon. Oji Nyimenuate Ngofa, Chairman HRM Samuel Oluka Ejire, One-eh Eleme Chief Bebe Okpabi, One-eh-eta Ogale Chief Isaac Agbara, One-eh Ejamah, Ebubu Chief Don Awala, One-eh-eta Alode Tai LGA HRM King G.N.K Gininwa, Gbenemene of Tai Kingdom and Chairman, Council of Chiefs Chief Barry Mpigi, Chairman HRH Chief Samuel Nne, Gbenemene Tua Tua Tai Chief Vincent Kamanu, Community Development Commission Chairman, Gio The Hon. Prince Melubari Akekue, Political Advisor The Hon. Hyacinth Dike, Chief of Staff, Ogoni Contact Group Ms. Patricia Mpigi, Women Leader Ms. Kate Poromue, Women Leader Mr. Friday Ngbihoro, Youth President Gokana LGA The Hon. Victor Giadom, Chairman HRM King Barnabas B. Paago Bagia, Gbenemene Gokana Mr. Demua Demua, Secretary to the Council HRH King Sunday Bebor, Paramount Ruler of Bodo Mr. Kpoobari Patta, Bodo Youth Leader
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Khana LGA The Hon. Gregory Barile Nwidam, Chairman HRM Melford S.H. Eguru, Gbenemene Ken-Khana Chief Gilbert Warinee, Khana Focal Officer Mr. Sunny Bekanwah, Khana Youth Leader Mr. Victor Sorlesi Nwikpo, Khana Youth Advocate
Community volunteers
Eleme LGA Chief Obari Wite Egballor-Ebubu, Paramount Ruler The Hon. Tobari Ogosu Ejamah-Ebubu, Chairman, Community Development Committee Mr. Nkani Chula Ejamah-Ebubu, Community Representative The Hon. Christopher Anwi Alode, Contact Person Comrade Isaac Obe, Alode Youth President Mr. Emmanuel Saloka Alode, Community Representative Chief Columbus Okazu Agbeta-Ebubu, Community Leader Mr. Gideon Yaa Agbeta-Ebubu, Community Representative The Hon. Darlington Onungwe Ogale, Youth President The Hon. Ngawala Ogale, Community Leader Mr. Kenwi Jaka Akpajo, Youth President Mr. Mbaka Denise Obollo-Ebubu, Youth Representative Mr. Saka Ngofa Aleto, Community Development Committee Representative Mr. Precious Obeta Aleto, Youth Representative The Hon. Martin O.Olaka Onne, Chairman, Community Development Committee Chief Obari Nkani, Ochani-Ebubu Mr. Isaac Oluka Agbonchia, Palace Secretary
Tai LGA Mr. Samuel Gbine, Korokoro Youth Leader Mr. Friday Ndornake, Korokoro Palace Spokesman Mr. Innocent Sunday, Kpite Youth Leader Mr. Peter Nkoo Kpite, Council of Chiefs Representative The Hon. David Gbaranwin, Ueken Community Development Committee Chairman The Hon. Kpigibue Aabe, Ueken Youth Leader Mr. King Jaja,Botem, Chief Security Officer Mr. Kobani Edward Ndine, Botem Youth Representative The Hon. Jude Ngbi, Botem Community Development Committee Secretary Mr. Michael Nbenede, Gbene-ue Youth Leader Mr. Justice Npia, Gbene-ue Youth Secretary Mr. Cletus Nkerelo, Gbene-ue Council of Chiefs Representative Mr. Hyacinth Nsoga, Gbene-ue Community Development Committee Representative
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Mr. Enoch Gbiidam, Horo Youth Leader Mr. Akoneme Aa-nu, Horo Youth Secretary Elder Joshua N. Oteh, Chairman, Deeyor Kira Community Development Committee Mr. George Agabe, Deeyor Kira Youth Leader Chief Augustine Nteh, Kebara Kira Deputy Paramount Chief The Hon. Akpene Sunday, Kebara Kira Youth Adviser Mr. Augustine Ntuude, Kebara Kira Vice Youth Leader Mr. Felix Kilebana, Bara-Alue Youth Leader Mr. Barika Nkporbu, Kporgor Youth Secretary Mr. Sunday Npiama, Kporgor Youth President Mr. Apolos Akpene. Nonwa Council of Chiefs Representative Mr. Ngbii-Horo Friday, Nonwa Youth Leader Mr. Zorbari Gwezia, Nonwa Vice Youth Leader Mr. Barikwa N-Orbeyie, Nonwa Community Development Committee Representative Mr. Promise Nsorpia, Uedeme Community Development Committee Representative Mr. Anderson Nkereke, Uedeme Youth Leader Mr. Fred Sunday, Gbam Community Development Committee Chairman Mr. Smith Nyor-ue, Gbam Youth Representative Mr. Richard Kiriwa, Gbam Youth Representative Mr. Percy Ndamka, Gio Youth Representative Mr. Gad Vitus Abane, Gio Youth Leader Mr. Aminu Nkpe, Gio Community Development Committee Representative The Hon. Kinson Godam, Sime Council of Chiefs Representative Mr. Mark Wisdom, Sime Community Secretary Mr. Karabire Ayo, Sime Youth Representative The Hon. Anthony Gbaawa, Barayira Community Development Committee Representative Mr. Benjamin Aminikpo, Barayira Community Development Committee Representative Mr. Prince D. Kpopie, Barayira Youth Leader Mr. Jerry Obizi, Bara-Ale Youth Leader Mr. Akpobari Biaka, Bara-Ale Youth Representative The Hon. Raphael Aminikpo, Bara-Obara Youth Representative Mr. Saporo E-reba, Bara-Obara Youth Representative Mr. Prince Paul Aminkpo, Norkpo Youth Leader Mr. Kingsley Aminy Korsi, Norkpo Community Development Committee Representative Mr. Sika Jude Sika, Ban-Ogoi Community Development Committee Representative Mr. Prince Jibara, Ban-Ogoi Paramount Chief Mr Prince K. Gbanwa, Ban-Ogoi, Council of Chiefs Representative Chief Obidaih Gbanwa, Kani-Banogoi Paramount Chief Chief James Lagalo, Kani-Banogoi, Council of Chiefs Representative Chief Emmanuel Ntem Nyiradii, Bunu-Tai, Council of Chiefs Representative The Hon. Tuanu W Ngbar, Bunu-Tai Community Development Committee Representative Mr. Kelvin Ayereka Biene, Koroma Youth Leader
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Mr. Obi Obi, Koroma Youth Representative Honourable Monday Mpigi, Koroma Community Spokesman Mr. Dennis Ndayor, Aabue-Korokoro Youth Leader Khana LGA Mr. Barido Nwibana, Kpean Member, Council of Chiefs Mr. Austine Nwile, Kpean Community Development Committee Member Mr. Batam Karagbara, Kpean Youth Representative Mr. Legborsi Eguru, Lubara Youth Representative Mr. Henshaw M. Nwibana, Kwawa Youth Leader Mr. Prince G. Nwitoyonu, Kwawa, Council of Chiefs Representative Mr. Victor Sorlesi Nwikpo, Kwawa Community Development Committee Representative Mr. Edward Dum, Buan Community Development Committee Chairman Mr. Siatam Nyorbana, Buan Youth Representative Mr. Barikor B. Nwieko, Kono Council of Chief Representative Mr. Jack Yorwika, Kono Community Development Committee Representative Mr. Banigo Oko, Kono Youth Representative Mr. Saro Drawing, Teenama Youth Rep Mr. Prince Friday Nwidag, Teenama Council of Chief Representative Mr. Gogo Kingsley Deegbara, Teenama Community Development Committee Rep Mr. Sunny Gbobie, Bane Community Development Committee Chairman Mr. Jude Nwiyesi, Duboro Community Development Committee Representative Chief.S. Kabari, Luegbo-Beeri Council of Chief Representative Mr. Paul Letam, Luegbo-Beeri Community Development Committee Representative Mr. Emmanuel Needam, Luyor-Gwara Youth Representative Mr. Princewill Goteh, Luyor-Gwara Community Development Committee Representative Mr. Marshall Alugbo, Luyor-Gwara Youth Representative Mr. Paul Nwigbarato, Zaakpon Community Development Committee Representative Pastor Friday, Gwere Council of Chief Representative Mr. Lekwue Nkpanee, Seme-Lueku Community Development Committee Representative Mr. Elijah Nwinia, Teeraue Community Development Committee Chairman Mr. Joseph Formaah, Eewa Community Development Committee Representative Mr. Edooh Magnus, Eewa Council of Chiefs Representative Mr. Ekpoleloo Konee, Eewa Youth Representative Mr. Nornu Etabara, Yaata Community Development Committee Representative Mr. Friday Nwidee, Yaata Youth Representative Mr. Benson Kaesor, Yorbana Community Development Committee Representative Mr. Fyneface N. Edooh, Yorbana Council of Chiefs Representative Mr. Barika Lnee, Yorbana Youth Representative Mr. Bari Nwinia, Okwale Council of Chiefs Representative Gokana LGA Mr. Peace Barine Vareba, MOSOP Community Leader, K-Dere Community Representative Mr. Tornbari Keregbon, K-Dere Community Representative
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Mr. Martin Dekor, B-Dere Youth Leader The Hon. Justice Barima, B-Dere Community Representative The Hon. Aleema Kpakol, Bera Community Representative Mr. Mene Biranen, Bera Community Development Committee Representative Mr. Hycinth Lema, Bodo Council of Chiefs Representative Mr. Constance Belga, Bodo Youth Secretary Mr. Baridam Kegiri, Obara-Bodo Community Representative Mr. Koote Zormin, Kolgba-Bodo Community Representative Mr. Gima John, Gbea-Bodo Community Representative Mr. Paul Gana, Sugi-Bodo Community Representative Mr. Barifaa Mbari, Sugi-Bodo Community Representative Mr. Paul Norka, Kozo-Bodo Community Representative Mr. Anthony Naahema, Kegborozor-Bodo Community Representative Mr. Patrick Piori, Kultui-Bodo Community Representative Mr. Lucky Bain Koonwin, Mogho Youth Leader Mr. Nenmene Kootu, Mogho Vice Youth Leader The Hon. Thankgod Barikor, Bomu Community Representative Mr. Pius Kabor Vinani, Bomu Youth Leader Mr. Friday Dimkpa, Gbe Community Head Mr. Nwindubdbari, Bodo Community Representative Comrade Anthony Dukor, Biara Youth Leader The Hon. Gaava, Biara Community Representative Mr. Boy Doopa, Lewe Community Representative Mr. David Assi, Lewe Community Representative Mr. Deeyor Monokpo, Council of Chiefs Representative Mr. Peace Kpaasi, Seato-Bodo Community Representative Mr. Austine Naama, Yeghe Community Representative Mr. Bemene Tao, Kpor Community Head The Hon. Barry Dugbor, Kpor Community Representative Mr. Tornubari Gbarabodo, Kpor Community Representative Mr. Benedict Pigi, Gbogozor-Bodo Community Representative Mr. Felix Giadom, Tegu-Bodo Community Representative Mr. Christian Kobani, Goi Community Representative Mr. Paddy Dooh, Goi Community Representative Mr. Emmanuel Ngio, Tene-ol Bodo Community Representative
ANPEZ Environmental Law Centre, Port Harcourt Mr. Everest Nwankwo, Centre Coordinator
Department of Petroleum Resources Ms. Buchi Sibeudu, Operations Controller
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Ministry of Environment Mr. Philip Bankole, Secretary, Presidential Implementation Committee
Mobile Police of Nigeria Assistant Superintendent Saturday Edum Assistant Superintendent Samuel Nwikakorn Corporal Donatus Olodu Corporal Adah Ekele Corporal Nsikak Mboho Corporal Samuel Anyanbia Police Constable Victor Linus
National Oil Spill Detection and Response Agency Mr. Peter Idabor, Director-General Ms. Uche Okwechime, (former) Acting Director-General Mr. Idris Musa, Director Mr. Udeogu Enyi, (former) Acting Head, NOSDRA Port Harcourt Zonal Office Mr. Kenneth Aroh, Oil Spill Response Mr. Adebayo Edun, Oil Spill Response Mr. Sylvester Agoh, Oil Spill Response Mr. David Okereuku, Oil Spill Response Mr. Melvis Odobo, Oil Spill Response Mr. Henry Akabudike, Oil Spill Response Mr. Ukpenevi Solomon, Oil Spill Response Mr. Biodun Ambali, Oil Spill Response Mr. Ismail Ahmed, Oil Spill Response Mr. Godspower Isheke, Oil Spill Response Mr. Chris Agogo Ikwen, Oil Spill Response Mr. Ifechukwu Oduolisaeme, Oil Spill Response Mr. Ibrahim Buba, Oil Spill Response Mr. Austin Bello, Oil Spill Response
National Petroleum Investment Management Services
Niger Delta Development Commission Mr. Chibuzor Ugwuoha, Managing Director and Chief Executive Officer Mr. Esoetok Ikpong Etteh, Executive Director, Projects Mr. Samuel Awolowo Ayadi-Yala, Director, Environmental Pollution and Control Mr. Peter Idabor, Deputy Director, Environmental Pollution and Control
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Nigerian National Petroleum Corporation Mr. Nelson A. Oyudo, General Manager, Research and Development Mr. Basil C. Ezeaniekwe, General Manager, Research and Planning Mr. Garba Adamu Kaita, Manager, Environment Research Ms. Adetutu Olukanmi, Superintendent, Biology Dr. Boma O. Oruwari, Superintendent, Waste Management
Nigerian Navy Commodore U.K. Ahmed, Commanding Officer, Nigerian Navy Ship, Pathfinder, Port Harcourt
United Nations in Nigeria Mr. Daouda Touré, United Nations Resident Coordinator Ms. Ade Mamonyane Lekoetje, Country Director, UNDP Mr. Jan Thomas Hiemstra, Deputy Country Director, UNDP Mr. Bereket Sletzion, Deputy Country Director, UNDP Mr Edward Mugabi, Project Coordinator, UNDP Mr. Mulugeta.Abebe, UNDP Mr. Samuel Ocran, UNDP Mr. Muyiwa Odele, UNDP Mr. Larry Boms, Resident Representative and Resident Security Coordinator, UNITAR Mr. Edmundson Minimah, UNITAR Dr. Johnson Ticha, WHO Mr. Daniel Akhimien WHO Mr. Andrew Gidudu, UNDSS Mr. Charles Nosa Osazuwa, Officer-In-Charge, UN Information Centre, Lagos
Editors Mr. Tim Davis and Mr. Tim Jones, DJ Environmental, UK
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Further information
Copies of this report may be ordered from: SMI (Distribution Services) Limited P.O. Box 119 Stevenage Hertfordshire SG1 4TP, UK Tel: +44 1438 748111 Fax: +44 1438 748 844
UNEP has an online bookstore at: http://www.earthprint.com
Further technical information may be obtained from the UNEP Post-Conflict and Disaster Management Branch website at: http://www.unep.org/conflictsanddisasters/ or by email: postconfl[email protected] www.unep.org
United Nations Environment Programme P.O. Box 30552 Nairobi, Kenya Tel: +254 (0)20 762 1234 Fax: +254 (0)20 762 3927 Email: [email protected]
Concerns over petroleum-related contamination have been at the heart of social unrest in Ogoniland, a kingdom in Rivers State, Nigeria. Although oil industry operations were suspended in Ogoniland in 1993, widespread environmental contamination remains.
Following a request from the Government of the Federal Republic of Nigeria, UNEP conducted an independent study to determine the environmental and public health impacts of oil contamination in Ogoniland, and options for remediation. This report sets out the background and context to the present-day conditions in Ogoniland, provides a synthesis of UNEP’s findings and gives a set of overarching recommendations to deal with the multi-faceted environmental challenges currently facing the Ogoni people.
The assessment covers thematic issues of contaminated land, groundwater, surface water, sediments, vegetation, air pollution, public health and institutional reform. It represents the best available understanding as to what has happened to the environment of Ogoniland – and the corresponding implications for affected populations – and provides clear operational guide- lines as to how that legacy can be addressed.
UNEP wishes to acknowledge and thank the many members of the Ogoni community who contributed to this study, without whose cooperation the assessment would not have been possible.
The report and data gathered by UNEP as part of its assessment are available online at: www.unep.org/nigeria
ISBN: 978-92-807-3130-9 Job No.: DEP/1337/GE
CANADA BRIEFING TO THE UN COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION
80th session, February 2012
Amnesty International Publications
First published in 2012 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org
© Amnesty International Publications 2012
Index: AMR 20/001/2012 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom
All rights reserved. This publication is copyright, but may be reproduced by any method without fee for advocacy, campaigning and teaching purposes, but not for resale. The copyright holders request that all such use be registered with them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected]
Amnesty International is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights.
Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards.
We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations.
CONTENTS
1. Introduction...... 5
RECOMMENDATION: ...... 6
2. Indigenous Peoples ...... 6
A. Implementation of the UN Declaration on the Rights of Indigenous Peoples...... 8
RECOMMENDATION: ...... 9
B. Failure to respect and protect Indigenous peoples’ land and resource rights ...... 9
i. Hul’qumi’num Treaty Group case ...... 11
ii. TransCanada pipeline...... 12
iii. Northern Gateway Pipeline...... 14
RECOMMENDATIONS: ...... 15
C. Discrimination in the delivery of services (articles 2(a), 5(a), (e)(iv))...... 15
i. Child protection ...... 15
RECOMMENDATIONS: ...... 17
ii. Safe drinking water...... 17
RECOMMENDATIONS: ...... 18
D. Policing and Indigenous protests (article 5(b)(c)(d)(viii)and (d)(xi)) ...... 18
RECOMMENDATIONS: ...... 19
E. Violence against Indigenous women and girls (General Recommendation 25; articles 2(a), 5(a), (b), (e)(iv) and 6) ...... 20
RECOMMENDATION: ...... 23
F. Concerns abroad: Indigenous peoples, corporate activities and trade policy (article 2) 23
3. Refugees and Migrants ...... 27 A. Human smuggling (articles 2(1)(c), 5(b)and (d)(i)) ...... 27
RECOMMENDATION:...... 28
B. Non refoulement to torture or other cruel, inhuman or degrading treatment or punishment (article 5(b) and General Recommendation XXX, para. 27)...... 28
RECOMMENDATION:...... 29
C. Migrant and temporary workers (General Recommendation No XXX, para. 35; article 5 (e)(i))...... 29
RECOMMENDATIONS:...... 33
E. Access to health care for undocumented migrants (article 5(e)(iv)) ...... 34
RECOMMENDATIONS:...... 38
4. Racism and National Security ...... 38
A. Immigration security certificates (article 5(a)) ...... 38
RECOMMENDATION:...... 39
B. Profiling (articles 2(1)(c), 5(a) and (b))...... 39
RECOMMENDATION:...... 42
C. Access to remedies (article 5(a) ...... 42
RECOMMENDATION:...... 44
D. Review and oversight (article 5(a)) ...... 44
RECOMMENDATION:...... 45 Committee on the Elimination of Racial Discrimination 5 Amnesty International briefing on Canada
1. INTRODUCTION
Canada is a nation with enormous racial and ethnic diversity; and that diversity continues to grow. For instance, according to Canada’s 2006 Census, Indigenous (or Aboriginal) peoples – the Inuit, First Nations and Métis peoples -- made up almost 1.2 million of Canada’s overall population of 31.6 million. That constitutes 3.8 per cent of the population. Notably that was an increase of 20 per cent from the 2001 Census.1 In that same Census, Canadians reported having more than 200 ethnic origins; the proportion of the population that was born outside the country was close to 20 per cent, the highest in 75 years; and over five million people identified themselves as members of a visible minority group.2
Canada has, for decades, put in place a wide range of laws, policies and institutions that recognize and protect the rights of diverse peoples and communities. Notably, the Canadian Constitution guarantees the rights of Aboriginal peoples and includes a Charter of Rights and Freedoms which enshrines a right to equality in section 15. Other provisions include federal, provincial and territorial human rights codes,3 each of which is overseen and enforced by various commissions and/or tribunals; as well as the Canadian Multiculturalism Act 1985.
Despite embracing this diversity and instituting numerous legal and policy provisions to protect the rights of diverse communities, racism has continued to be a serious human rights challenge for Canada. Recognizing that reality, the government launched a five-year Action Plan against Racism in 2005. A recent government evaluation of that Action Plan found that:
There is evidence to suggest that minorities are experiencing racism and discrimination and recent data show that groups most at risk of being victimized by hate and bias activity are racial/ethnic minorities and religious minorities. Evidence also suggests that Aboriginal people, visible minorities and immigrants are particularly vulnerable to unemployment, underemployment, lower incomes and social segregation.4
This brief builds on Amnesty International’s previous submissions to the United Nations
1 Canada: Nineteenth and twentieth periodic reports of States parties due in 2009, International Convention on the Elimination of All Forms of Racial Discrimination, UN Doc. CERD/C/CAN/19-20 (8 June 2011), para. 30; Population and Dwelling Counts, Statistics Canada, http://www12.statcan.ca/census-recensement/2006/dp-pd/hlt/97- 550/Index.cfm?TPL=P1C&Page=RETR&LANG=Eng&T=101, accessed 28 October 2011.
2 Nineteenth and twentieth periodic reports, paras. 21- 22.
3 Canadian Human Rights Act, RSC 1985, c H-6; Ontario: Human Rights Code, RSO 1990, c H.19; Yukon Territory: Human Rights Act, RSY 2002, c 116. Similar human rights statutes are in force in other Canadian provinces and territories.
4 Evaluation of Canada’s Action Plan Against Racism, Citizenship and Immigration Canada, Evaluation Division, December 2010, pages iv and v.
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Committee on the Elimination of Racial Discrimination (the Committee) at the time of its examination of periodic reports submitted by Canada in 20025 and 2007.6 As has been the case with previous submissions, the brief focuses on concerns with respect to the rights of Indigenous peoples; refugees and migrants; and racial discrimination in the context of national security laws and practices.
As a preliminary point, Amnesty International repeats the recommendation the organization made in both 2002 and 2007 calling on Canada to make a declaration under Article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention), recognizing the jurisdiction of this Committee to receive individual petitions alleging breaches of the Convention. Canada has accepted three other individual petition procedures within the UN human rights system, namely those recognizing the competences of the UN Human Rights Committee (CCPR), the UN Committee against Torture (CAT) and the UN Committee on the Elimination of Discrimination against Women (CEDAW) to consider cases. This Committee has repeatedly called on Canada to consider making a declaration under Article 14.7 Doing so would further strengthen protection of the right of all Canadians to be free from racial discrimination.
RECOMMENDATION:
Canada should make a declaration under Article 14 of the Convention, recognizing the jurisdiction of the Committee to receive individual petitions alleging breaches of the Convention. 2. INDIGENOUS PEOPLES
Although Canada is a prosperous country with an overall high standard of living8 Indigenous peoples in Canada – Inuit, Métis and First Nations -- experience widespread impoverishment and deprivation. United Nations treaty bodies and other Special Procedures, including this Committee, the CCPR, the CEDAW, UN Committee on the Rights of the Child (CRC), the UN Special Rapporteur on the right to adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, and the
5 Without Discrimination: The Fundamental Right of All Canadians to Human Rights Protection, Amnesty International Canada (July 2002).
6 Amnesty International, Canada Human Rights for All: No Exceptions (AMR 20/001/2007).
7 Concluding observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18 (25 May 2007), para. 28;Report of the Committee on the Elimination of Racial Discrimination, UN Doc. A/57/18, 2002, para. 340; Report of the Committee on the Elimination of Racial Discrimination, UN Doc. A/49/18, 1995, para. 304.
8 According to the UN Development Programme, Canada overall has the sixth highest Human Development Index in the world. United Nations Development Programme. Human Development Report 2011 —Sustainability and Equity: A Better Future for All, p. 126.
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UN Special Rapporteur on the rights of Indigenous peoples, have expressed concern over the persistent failure to substantially close the social and economic gap between Indigenous and non-Indigenous peoples.9
In the report of his 2004 mission to Canada, the UN Special Rapporteur on the rights of Indigenous peoples noted:
Economic, social and human indicators of well-being, quality of life and development are consistently lower among Aboriginal people than other Canadians. Poverty, infant mortality, unemployment, morbidity, suicide, criminal detention, children on welfare, women victims of abuse, child prostitution, are all much higher among Aboriginal people than in any other sector of Canadian society, whereas educational attainment, health standards, housing conditions, family income, access to economic opportunity and to social services are generally lower.10
The Special Rapporteur also observed that the “unacceptable gaps” between Indigenous peoples and the rest of the population persist despite “an impressive number of programmes and projects and considerable financial resources.”11 These sentiments were also reflected by the Committee on Economic, Social and Cultural Rights (CESCR) when it reviewed Canada in 2006.12 A recent federal government analysis found not only a significant gap between Indigenous and non-Indigenous communities in four selected indicators of “community well- being” – educational attainment, labour force participation, income, and housing – but also concluded that “little or no progress” had been made toward narrowing this gap in the study period of 2001-2006 and that a third of First Nations and Inuit communities had
9 UN Committee on Economic, Social and Cultural Rights, Concluding Observations of the Committee on Economic, Social and Cultural Rights: Canada, UN Doc E/C.12/CAN/CO/4-E/C.12/CAN/CO/5 (22 May 2006); UN Human Rights Committee, Concluding observations of the Human Rights Committee: Canada. UN Doc CCPR/C/CAN/CO/5 (20 April 2006); UN Committee on the Elimination of Racial Discrimination, Concluding Observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. A/57/18 (1 November 2002); UN Committee on the Elimination of Racial Discrimination, Concluding Observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18 (25 May 2007); UN Committee on the Rights of the Child, Concluding Observations of the UN Committee on the Rights of the Child. Canada, UN Doc. CRC/C/15/Add.21. (17 October 2003); UN Human Rights Council. Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non- discrimination in this context, Miloon Kothari: Addendum: Mission to Canada (9 to 22 October 2007) A/HRC/10/7/Add.3 (17 February 2009).
10 UN Commission on Human Rights. Human rights and indigenous issues: Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, Addendum: Mission to Canada, UN Doc. E/CN.4/2005/88/Add.3 (2 December 2004), p.2.
11 UN Commission on Human Rights. Human rights and indigenous issues: Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, Addendum: Mission to Canada, UN Doc. E/CN.4/2005/88/Add.3 (2 December 2004), p.2.
12 UN Committee on Economic, Social and Cultural Rights, Concluding Observations of the Committee on Economic, Social and Cultural Rights: Canada, UN E/C.12/CAN/CO/4-E/C.12/CAN/CO/5 (22 May 2006), para.17; and E/C.12/1/Add.31 (10 December 1998), para. 17.
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experienced a decline in the selected indicators.13 The Auditor General of Canada recently commented on both “a lack of progress in improving the lives and well-being” of people living in First Nations communities and the fact that services available in First Nations communities “are often not comparable to those provided [in primarily non-Indigenous communities] by provinces and municipalities.”14
In this submission, Amnesty International highlights six areas where Canada has failed to work collaboratively with Indigenous peoples to ensure their full and equitable enjoyment of internationally recognized human rights or, through its actions and policies, has contributed to the current inequalities. The six areas of concern are: a. Canada’s continued resistance to the full implementation of the UN Declaration on the Rights of Indigenous Peoples; b. the failure to respect and protect Indigenous peoples’ land rights; c. discrimination in the delivery of government services; d. the failure to ensure appropriate police response to Indigenous land rights protests; e. the failure to develop a comprehensive response to the high levels of violence facing Indigenous women; and f. the impact of Canadian trade policy and the overseas operations of Canadian companies on the rights of Indigenous peoples in other countries.
A. IMPLEMENTATION OF THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
While welcoming the fact that Canada officially endorsed the UN Declaration on the Rights of Indigenous Peoples (the Declaration) in November 2010, Amnesty International remains concerned both by the absence of a plan of action for its implementation and by continued government statements denying responsibility to ensure that policies and legislation live up to the minimum standards set out in this instrument. New guidelines for consultation with Indigenous peoples issued by the federal government in March 2011, not only fail to incorporate the Declaration’s numerous relevant provisions on consultation and Indigenous peoples’ right to participate in decision making, these provisions are not incorporated into the government guidelines. In addition, these guidelines assert that Canada “has concerns with some of the principles in the Declaration” including the right of free, prior and informed consent and that the Declaration “does not alter” Canada's legal duties in respect to
13 Indian and Northern Affairs Canada, Strategic Research and Analysis Directorate, First Nation and Inuit Community Well-Being: Describing Historical Trends (1981-2006) (April 2010).
14 Auditor General of Canada, 2011 June Status Report, available at: http://www.oag- bvg.gc.ca/internet/English/parl_oag_201106_04_e_35372.html.
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consultation with Indigenous peoples.15
While no human rights declaration has the power to “alter” domestic laws, human rights declarations are intended as a source of interpretation of national laws and legal responsibilities and may reflect legal obligations already established in international law. The provisions of the Declaration reflect international human rights norms and many mirror protections already afforded under binding human rights treaties such as this Convention and their interpretation by various treaty bodies. For example, the right of free, prior and informed consent, which Canada specifically objects to in its guidelines, was affirmed in this Committee’s General Recommendation XXIII. In addition, implementation of the Declaration’s provisions provides a means to safeguard and fulfill a wide range of human rights, including rights to self-determination, lands and culture, that are well-established in international law and for which, because of a history of their violation in respect to Indigenous peoples in Canada, it is appropriate to seek additional protection through the application of international norms. Amnesty International agrees with the observation of the UN Special Rapporteur on the rights of indigenous peoples that:
[T]he significance of the Declaration is not to be diminished by assertions of its technical status as a resolution that in itself has a non-legally binding character. Implementation of the Declaration should be regarded as a political, moral and, yes, legal imperative without qualification.16
RECOMMENDATION:
Canada should, in collaboration with Indigenous peoples’ organizations, develop a plan of action for implementation of the Declaration, including the provisions on free, prior and informed consent. The government should report regularly to Parliament on the progress made in fulfilment of this plan of action.
B. FAILURE TO RESPECT AND PROTECT INDIGENOUS PEOPLES’ LAND AND RESOURCE RIGHTS
The lands currently protected for the use and benefit of Indigenous peoples are only a small fraction of their traditional territories. Historic treaties, which affirm a right to continued use and benefit of these territories, have been widely violated. The result has been to erode traditional sources of subsistence while denying many Indigenous peoples an alternative economic base to maintain or rebuild their economies.
Government officials in Canada have acknowledged the severe economic and social impact of
15 Aboriginal Affairs and Northern Development Canada. Aboriginal Consultation and Accommodation - Updated Guidelines for Federal Officials to Fulfil the Duty to Consult - March 2011, available at: http://www.aadnc-aandc.gc.ca/eng/1100100014664.
16 Report to the United Nations General Assembly by the Special Rapporteur on the rights of Indigenous peoples, James Anaya, UN Doc. A/65/264 (9 August 2010), para. 63.
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inadequately protected land rights. In a Government of British Columbia document entitled “Why we are negotiating treaties”, the province states:
The quality of life for Aboriginal people is well below that of other British Columbians. Aboriginal people generally die earlier, have poorer health, have lower education and have significantly lower employment and income levels than other British Columbians. This is directly related to the conditions that have evolved in Aboriginal communities, largely as a result of unresolved land and title issues, and an increasing reliance on federal support programs.17
Despite such acknowledgement, however, the available means to resolve land disputes and restore and protect Indigenous lands have proven inadequate to the task of achieving redress and fulfillment of Indigenous peoples’ human rights. Negotiation of Indigenous land claims typically drag on for years or even decades, at enormous costs to the affected communities. In British Columbia, 47 First Nations are currently in negotiations over land title and other rights. The Auditor General estimated in 2006 that the majority of these negotiations had stalled or were making little progress,18 a situation that continues today. First Nations have incurred massive debts by borrowing from the government to cover the cost of participating in the process. The Auditor General has estimated that some First Nations have already incurred debts of between 44 and 64 per cent of the value of any financial settlement they are likely to achieve.19
The failure to ensure fair and timely resolution of so many outstanding land and resource disputes is largely a consequence of government negotiating policies that seek to minimize any liability to the state and expressly constrain the recognition and protection of Aboriginal rights and title. In the first modern treaties negotiated after 1973, the federal government required the inclusion of clauses stating that all rights not specifically enumerated in the agreement would be extinguished.20 The policy was later modified to offer other formulas that still have the same effect; that entering into the agreement would mean giving up all future opportunity to exercise inherent rights whose meaning and implications are still evolving in domestic law.21 This approach has been widely condemned by UN treaty bodies,22 including
17 Province of British Colombia, Ministry of Aboriginal Relations and Reconciliation, available at: http://www.gov.bc.ca/arr/treaty/negotiating/why.html.
18 Report of the Auditor General of Canada to the House of Commons. Chapter 7: Federal Participation in the British Columbia Treaty Process—Indian and Northern Affairs Canada (November 2006).
19 Report of the Auditor General of Canada to the House of Commons. Chapter 7: Federal Participation in the British Columbia Treaty Process—Indian and Northern Affairs Canada ( November 2006), para. 7.72.
20 For example, the James Bay and Northern Quebec Agreement of 1975 states, “The federal legislation approving, giving effect to and declaring valid the Agreement shall extinguish all native claims, rights, title and interests of all Indians and all Inuit in and to the Territory and the native claims, rights, title and interests of the Inuit of Port Burwell in Canada, whatever they may be.” James Bay and Northern Quebec Agreement (1975), para 2.6.
21 Canada’s Policy for the Settlement of Native Claims describes the objective of modern treaty
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this Committee, which called on Canada during its 2007 review to “ensure that the new approaches taken to settle aboriginal land claims do not unduly restrict the progressive development of aboriginal rights.”23
The available mechanisms to resolve land and resource disputes and the policies followed by the Canadian government have in fact compounded and contributed to the continuing erosion of Indigenous peoples’ rights. Negotiations over land rights typically drag for many years owing to tactics adopted by government officials, dramatically increasing costs for Indigenous peoples to participate. In large areas of Canada, particularly in British Columbia and in the east, there are still no agreements between the state and Indigenous peoples to resolve Indigenous peoples’ title to lands and resources. Where treaties exist, whether historic or modern, there are widespread disputes over their implementation. In March 2011, a federal government official told a parliamentary committee that there were 526 claims concerning historic treaties currently being assessed or under negotiation and another 77 cases before the courts.24
I. HUL’QUMI’NUM TREATY GROUP CASE
In 2009, the Inter-American Commission on Human Rights (IACHR) agreed to hear a human rights complaint concerning the federal government’s refusal to negotiate fair redress for six Vancouver Island First Nations who have been dispossessed of most of their traditional territory without consent or compensation. The six First Nations of the Hul’qumi’num Treaty Group (HTG) have been in negotiation with the federal and provincial governments since 1994 under the comprehensive claims process in British Columbia. Participation in this process has already cost the First Nations (Canadian) $20 million for research and other expenses, which will be deducted from any settlement.
The HTG alleges that Canada has violated international human rights norms by excluding from negotiations any possible restoration of land now held by private land owners, or adequate compensation for its loss, as well as by failing to protect Hul’qumi’num interests while the dispute remains unresolved. In agreeing to hear the complaint, the Inter-American Commission ruled that the available mechanisms to resolve this dispute in Canada, whether through litigation or the comprehensive claims process, are too onerous and constrained in
negotiation as one of exchanging “undefined Aboriginal rights for a clearly defined package of rights and benefits codified in constitutionally protected settlement agreements.” Department of Indian Affairs and Northern Development, Federal Policy for the Settlement of Native Claims (Ottawa, 1993), p. i. 22 Committee on Economic, Social and Cultural Rights, Concluding Observations of the Committee on Economic, Social and Cultural Rights: Canada, UN Doc. E/C.12/1/Add.31 (10 December 1998), para.18. UN Human Rights Committee, Concluding observations of the Human Rights Committee: Canada, UN Doc. CCPR/C/CAN/CO/5 (20 April 2006), para. 8.
23 UN Committee on the Elimination of Racial Discrimination, Concluding Observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18 (25 May 2007), para. 22.
24 The Standing Committee on Aboriginal Affairs and Northern Development. Minutes of Proceedings (1 March 2010).
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their protection of human rights to live up to the standards of international justice.25
The failure to reach timely resolution of outstanding land disputes often has the consequence of depriving Indigenous peoples of access to an adequate land base on which to sustain their ways of life, pass traditions on to future generations, meet the immediate economic needs of their communities and rebuild their economies. These harms are compounded by the failure to provide effective interim protection for Indigenous land rights while disputes remain unresolved.
Large scale resource development on Indigenous lands, such as mining, oil sands extractions, oil and gas development and clear-cut logging, presents an inherent challenge to the integrity of Indigenous peoples’ use of the land. Under international human rights standards, Indigenous peoples have a right to free, prior and informed consent; i.e. to make their own informed decision about whether such development should proceed. In practice, consultation with Indigenous peoples typically occurs after the decision to prioritize extractive development over other land uses has already taken place. Consequently consultation tends to be confined to the mitigation of adverse project impacts rather than to the more fundamental question of whether the project should proceed or whether the land should be protected for other uses. Furthermore, governments in Canada typically rely on project proponents, or on regulatory agencies with limited mandates in respect to Indigenous rights, to carry out such consultations. Indigenous peoples who determine that a proposed project is incompatible with their use of the land typically have little recourse to prevent it going ahead, short of a lengthy legal battle that most are unable to afford.
II. TRANSCANADA PIPELINE
On 15 August 2008, this Committee wrote to the Government of Canada, under the Early Warning Measures and Urgent Procedures, to express concern about the TransCanada pipeline, a massive natural gas pipeline being built across the land of the Lubicon Cree in northern Alberta. The Committee questioned whether the provincial government “may legitimately authorize the construction of a pipeline across Lubicon Territory without prior Lubicon consent.”26
In October 2008, the Alberta Utilities Commission – a provincial government agency -- allowed construction of this pipeline to go ahead despite unresolved objections from the Lubicon. In making its decision, the Commission refused to consider Lubicon concerns that the project had proceeded to the approval stage without prior Lubicon consent, ruling that the onus was on the Lubicon to demonstrate that the pipeline would cause harm to their use of the land.27
25 Inter-American Commission on Human Rights (IACHR), Report No 105/09 on the admissibility of Petition 592-07, Hul’qumi’num Treaty Group, Canada (October 30, 2009), paras. 37-9.
26 http://www2.ohchr.org/english/bodies/cerd/docs/Canada_letter150808.pdf
27 Alberta Utilities Commission, Decision on Prehearing Meeting, Decision 2008-035. April 24, 2008. http://www.lubicon.ca/Im/080424auc_prehearing.pdf, and Alberta Utilities Commission, Decision on Prehearing Meeting, Decision 2008-035. May 8, 2008. http://tao.ca/~fol/Im/080513auc_denial.pdf.
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The construction of the TransCanada pipeline is just one example of the ongoing failure to recognize and protect Lubicon rights in respect to their traditional territory. Between 1979 and 2008, the Alberta government authorized the construction of more than 2680 wells and more than 2366 kilometres of pipeline on Lubicon land.28 In a 1990 ruling, the CCPR concluded that “historical inequities… and certain more recent developments [referring here primarily to the scale and intensity of oil and gas development] threaten the way of life and culture of the Lubicon Lake Band and… so long as they continue” constitute a violation of the right to culture.29
In a 2010 letter to Amnesty International, the Alberta Minister for Aboriginal Relations stated that “the province administers the lands in the Lubicon Lake region in the same manner as all other areas of Alberta" and that “Alberta has an obligation to administer these lands for the benefit of all Albertans.”30 This approach ignores the standards set out in General Recommendation 23 and the Declaration, which both require the free, prior and informed consent of Indigenous peoples where activities will affect their rights or interests.31 The position taken by the Alberta government also ignores domestic legal standards, including the fact that the Lubicon have never entered into any agreement to surrender Aboriginal title to their traditional lands and that they unquestionably have ongoing land use rights as guaranteed to all Indigenous people under Canadian constitutional law, such as hunting and trapping rights.
In fact, the Lubicon have repeatedly sought a negotiated settlement of their land and resource rights. The last negotiations broke down in 2003 because, in the Lubicon view, the federal negotiators’ restricted mandate on key issues of redress and self-government was not adequate to address the community’s needs and ensure fulfillment of their rights.32
On 29 April 2011, a leaking pipeline spilled an estimated 28,000 barrels – or 4.5 million litres – of crude oil into wetlands on Lubicon lands. It was the largest oil spill in Alberta since 1975 and led to the temporary closure of the school in the Lubicon community of Little Buffalo. The province allowed the pipeline to resume operation three months later. This decision was taken without Lubcion consent and without any meaningful consultation. The
28 Amnesty International. From Homeland to Oil Sands: The Impact of Oil and Gas Development on the Lubicon Cree of Canada. June 2010. AI Index: 20/002/2010.
29 United Nations Human Rights Committee Communication No. 167/1984: Canada. 10/05/90. CCPR/C/38/D/167/1984.
30 Letter to Amnesty International, The Honourable Len Webber, Alberta Minister of Aboriginal Relations, 26 July 2010.
31 Committee on the Elimination of Racial Discrimination, General Recommendation No. 23: Indigenous Peoples (1997), para. 4(d); UN Declaration on the rights of indigenous peoples, A/RES/61/295, article 19.
32 Lubicon Lake Indian Nation. Submission to the 36th Session of the United Nations Committee on Economic, Social and Cultural Rights on the Occasion of the Review of Canada's 4th and 5th Periodic Reports (1 May 2006), p. 4-8, available at. http://www2.ohchr.org/english/bodies/cescr/docs/info- ngos/lubiconlakeindian.pdf.
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province ignored a Lubicon request for an independent assessment of the causes of the leak, the likelihood of future leaks, and possible impact on the Lubicon.33
III. NORTHERN GATEWAY PIPELINE
In May 2010, a Canadian pipeline company, Enbridge, filed an application to build two parallel pipelines connecting the Alberta oil sands to the British Colombia (BC) coast.34 One of the pipelines is intended to carry a daily average of 525,000 barrels of bitumen, oil and the industrial condensates needed to allow bitumen transport, while the other is intended to bring a daily average of 193,000 barrels of these condensates to the oil sands. The project proposal also includes the construction of new facilities near Kitimat, BC so that tankers can export the oil and import the condensate.35
The proposal has been publicly opposed by the majority of Indigenous peoples whose traditional lands would be crossed by the pipeline, as well as by First Nations concerned about the potential impact on the downstream rivers and the coastal waters on which they depend. In March 2010, nine First Nations in BC issued their own ban on tanker traffic in the coastal waters of their territories.36 In December 2011, 61 First Nations with territory in the largest watershed on the proposed pipeline route issued a declaration denouncing the project as a "grave threat" to "our laws, traditions, values and our inherent rights as Indigenous peoples."37
The proposal is now before a government-appointed review panel with the power to make non-binding recommendations on whether the government should or should not approve the project. On January 9, the day before the public hearings began, the federal Minister of Natural Resources issued an open letter in which he defined the export of oil to Asian markets as “an urgent matter of Canada’s national interest” and stated that “[w]e do not want projects that are safe, generate thousands of new jobs and open up new export markets, to die in the approval phase due to unnecessary delays.”38
33 CTV News. “Company able to operate again” (1 September 2011), available at: http://edmonton.ctv.ca/servlet/an/local/CTVNews/20110901/edm_rainbow_110901/20110901/
34 Enbridge Northern Gateway LP. Enbridge Northern Gateway Project Sec 52 Application. Volume 1: Overview and General Information (May 2010).
35 Enbridge Northern Gateway LP. Enbridge Northern Gateway Project Sec 52 Application. Volume 1: Overview and General Information (May 2010), p. 1.
36 Coastal First Nations, Coastal First Nations Declaration (23 March 2010), available at: http://dogwoodinitiative.org/no-tankers/downloadable-files/cfn-declaration-with-release-and- backgrounder/view
37 Save the Fraser Gathering of Nations. Save the Fraser Declaration (November 2011), available at: http://www.savethefraser.ca/.
38 Natural Resources Canada. An open letter from the Honourable Joe Oliver, Minister of Natural Resources, on Canada’s commitment to diversify our energy markets and the need to further streamline the regulatory process in order to advance Canada’s national economic interest (9 January 2012),
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The Minister’s statement prompted First Nations organizations in BC to question the legitimacy of the review process.39 In Amnesty International’s view, the nature and timing of the Minister’s statement raises serious questions about whether the federal government has already determined that the pipeline proposal will go ahead, despite the fact that affected First Nations have expressly not given consent.
RECOMMENDATIONS:
(1) Canada should publicly acknowledge its obligation to ensure fair and timely settlement of outstanding land and resource disputes in a manner consistent with international human rights norms and standards.
(2) Canada should take immediate action to remove barriers to the fair, adequate and timely resolution of outstanding land and resource disputes, including by reforming policies and practices that are inconsistent with international human rights standards, such as arbitrary limits on the negotiation of redress.
(3) Canada should enact laws and implement practices and policies that ensure that approval of resource extraction activities is contingent on formal, rigorous and meaningful consultation with Indigenous peoples and that development proceeds only with the free, prior and informed consent of those Indigenous peoples whose rights are affected. Consistent with international human rights standards, Indigenous peoples whose rights to lands and resources are the subject of as yet unresolved disputes should receive the same protections.
C. DISCRIMINATION IN THE DELIVERY OF SERVICES (ARTICLES 2(A), 5(A), (E)(IV))
I. CHILD PROTECTION
In a landmark case brought before the Canadian Human Rights Tribunal, the applicants - the First Nations Child and Family Caring Society (FNCFCS) and the Assembly of First Nations (AFN) - alleged that the federal government has discriminated against First Nations children living in reserve communities by failing to provide adequate funding necessary to ensure access to the same quality of child protection programs and services available to non- Aboriginal children.
On a per child basis, federal funding for First Nations child and family services has fallen to less than 80 per cent of the level provided by provincial and territorial governments for services in predominantly non-Aboriginal communities.40 This is despite the higher costs of
available at: http://www.nrcan.gc.ca/media-room/news-release/2012/1/3520.
39 British Columbia Assembly of First Nations, First Nations Summit, Union of British Columbia Indian Chiefs. Federal Government Comments Damaging to the Impartiality of the Review Process (10 January 2010), available at: http://www.ubcic.bc.ca/News_Releases/UBCICNews01101202.html.
40 The First Nations Child and Family Caring Society of Canada. Wen:de ‐ We are coming to the light of day. (October 2005), pp.14, 44; Department of Indian Affairs and Aboriginal Development and Assembly
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delivering such services in small and remote First Nations communities and the greater need among many First Nations communities. As a consequence, the removal of children from their families and communities, a measure intended strictly as a last resort, has become a commonplace response when First Nations families on reserve face challenges in providing adequate care to their children.
The federal government has acknowledged that Indigenous children are four to six times more likely than non‐Indigenous children to be removed from their families for reasons such as neglect.41 Additionally, a 2004 government briefing note obtained by the First Nations Child and Family Caring Society notes that the circumstances for First Nations children are "dire" and that "as a consequence of providing inadequate prevention resources, it is foreseeable that civil proceedings could be initiated against the Government of Canada as a result of neglect or abuse of children in care."42
The federal government strongly opposed the Tribunal holding hearings into the case brought by the FNCFCS and the AFN. It argued firstly that the prohibition of discrimination in providing government services under the Canadian Human Rights Act does not apply to the funding decisions that determine the levels and quality of services that are available; and secondly that services delivered to First Nations under federal jurisdiction should not be compared to services delivered to the general population under provincial jurisdiction for the purposes of determining whether discrimination has occurred. The case is now before the Federal Court after the Tribunal rejected the case on the second of these two arguments. 43
The positions advanced by the Canadian government contravene Canada’s obligations under international human rights standards which clearly do not allow for arbitrary distinctions between funding services and service delivery or between federal and provincial jurisdictions.44 Amnesty International is concerned that if Canada’s objections to the case are upheld, it will create a large gap in protections afforded under the Canadian Human Rights Act (CHRA) because similar arguments could be made in respect to virtually every aspect of federal services to First Nations. The result would be to deny First Nations people in Canada access to the protection of the CHRA on some of the most important aspects of government decision-making and action.
As Canada indicates in its report to this Committee, an amendment to the CHRA came into
of First Nations, First Nations Child and Family Services Joint National Policy Review (June 2000). 41 Building a Brighter Future for Urban Aboriginal Children: Report of the Parliamentary Standing Committee on Human Resources Development and the Status of Persons with Disabilities ( June 2003), p.19.
42 First Nations Child and Family Caring Society and KAIROS; Canadian Ecumenical Justice Initiatives, Honouring the Child, Shadow Report to the UN Committee on the Rights of the Child (October 2011).
43 First Nations Child and Family Caring Society and Attorney General of Canada, Federal Court File Number T-630-11.
44 First Nations Child and Family Caring Society and Attorney General of Canada, Federal Court File Number T-630-11.
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force in June 2008, eliminating a discriminatory exemption that had previously prevented the Canadian Human Rights Commission examining complaints of discrimination in respect to the Indian Act, which governs federal exercise of jurisdiction over First Nations reserves. A number of UN treaty bodies and Special Procedures had called for such an amendment including the Special Rapporteur on the rights of Indigenous peoples, the CCPR and the CESCR.45 Amnesty International is concerned that the federal government has acted contrary to the spirit of these recommendations, and its own amendment to the CHRA, through its strenuous opposition to Indigenous peoples’ efforts to avail themselves of the remedies and rights to redress available through the Canadian Human Rights Commission.
RECOMMENDATIONS:
(1) Canada should withdraw its objection to the claim of discrimination lodged by the First Nations Child and Family Caring Society and the Assembly of First Nations.
(2) Canada should ensure that funding and other support to First Nations’ children’s services is adequate to meet their needs.
(3) Canada should take immediate steps to ensure that in law and practice, there is no discrimination or inequality in the provision of public services between Indigenous peoples and the rest of the population.
II. SAFE DRINKING WATER
Similar gaps in the enjoyment of human rights persist in a number of other areas of federally- funded services in Indigenous communities. A federal government audit published in 2011 concludes that 39 per cent of all water systems in First Nations communities have major deficiencies that potentially threaten human health and the environment.46 Overall, the review classified 73 per cent of drinking water systems and 65 per cent of waste water systems in First Nations communities as either medium or high risk.47 The survey also found that 1,880 homes have no water service while another 15,451 (or 13.5 per cent of First
45 Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, Addendum: Mission to Canada, E/CN.4/2005/88/Add.3, 2004, p. 24; United Nations, Human Rights Committee, Consideration of Reports Submitted by States Parties under Article 40 of the Covenant – Concluding observations of the Human Rights Committee: Canada, CCPR/C/CAN/CO/5 (20 April 2006), para. 22; United Nations, Committee on Economic, Social and Cultural Rights, Consideration of Reports Submitted by States Parties under Articles 16 and 17 of the Covenant – Concluding observations of the Committee on Economic, Social and Cultural Rights: Canada (pdf, 41 pages), E/C.12/CAN/CO/5 (22 May 2006), para. 17, 45.
46 Neegan Burnside Ltd., National Assessment of First Nations Water and Wastewater Systems. National Roll-Up Report. Department of Indian Affairs and Northern Development (April 2011), p.ii, available at: .http://www.aadnc-aandc.gc.ca/eng/1313770257504.
47 Neegan Burnside Ltd., National Assessment of First Nations Water and Wastewater Systems. National Roll-Up Report. Department of Indian Affairs and Northern Development (April 2011), p.ii, available at: .http://www.aadnc-aandc.gc.ca/eng/1313770257504.
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Nations households), rely on trucked-in water.48
In 2006, an expert panel appointed by the federal government concluded that drinking water problems in First Nations communities were primarily the result of the failure of the federal government to provide the resources necessary “to ensure that the quality of First Nations water and wastewater is at least as good as that in similar communities and that systems are properly run and maintained.”49
While the federal government claims to have already made significant investment in First Nations water quality, the federal government’s response to the 2011 audit states that plans for investment in First Nations water systems from now until 2016 cover only 25 per cent of the highest risk water systems.50
RECOMMENDATIONS:
(1) Canada should immediately adopt measures, especially the provision of adequate resources, to ensure water and sanitation in First Nations communities meets the standards enjoyed by other people in Canada, including urgent measures to address the needs of those First Nations communities that have no potable water or sewage systems.
(2) Canada should ensure that any measures related to First Nations water and sanitation are taken in collaboration with the affected peoples and are consistent with international human rights standards.
D. POLICING AND INDIGENOUS PROTESTS (ARTICLE 5(B)(C)(D)(VIII)AND (D)(XI))
In September 1995, the Ontario Provincial Police (OPP) deployed a force of approximately 200 officers, including snipers to respond to the occupation of Ipperwash Provincial Park by a small group of Indigenous protesters. The protest was meant to focus attention on the longstanding failure of the federal and provincial governments to restore Indigenous lands taken in the 1890s and 1930s. On the night of September 6, 1995, the situation escalated when police suddenly moved against the protesters. One Indigenous man was allegedly badly beaten by police and another, Dudley George, was fatally shot by a police sniper who was
48 Neegan Burnside Ltd., National Assessment of First Nations Water and Wastewater Systems. National Roll-Up Report. Department of Indian Affairs and Northern Development (April 2011), p. i., available at: http://www.aadnc-aandc.gc.ca/eng/1313770257504.
49 Harry Swain, Stan Louttit and Steve Hrudey, Report of the Expert Panel on Safe Drinking Water for First Nations. Department of Indian Affairs and Northern Development (November 2006), p. 50, available at: http://www.afn.ca/uploads/files/volume_1_e.pdf.
50 Aboriginal Affairs and Northern Development Canada, Fact Sheet - Risk Assessment of Water and Wastewater Systems in First Nations Communities, available at http://www.ainc- inac.gc.ca/enr/wtr/nawws/fsris-eng.asp.
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subsequently criminally charged and convicted.
After the tragic events at Ipperwash Provincial Park the OPP implemented a number of reforms, including a new framework for responding to such protests. The Framework for Police Preparedness for Aboriginal Critical Incidents, adopted by the OPP in 2000 and updated in 2005, recognizes that Indigenous land protests involve a variety of rights issues and affirms that “it is the role of the OPP and all of its employees to make every effort prior to a critical incident to understand the issues and to protect the rights of all involved parties throughout the cycle of conflict.”51 The stated purpose of the Framework includes promoting and developing “strategies that minimize the use of force to the fullest extent possible.”52
In 2003, the Ontario provincial government instituted a public inquiry into the events at Ipperwash, following calls for such an inquiry by the CCPR.53 The Inquiry report, released in 2007, points out that occupations such as the one that took place at Ipperwash, “occur when members of an Aboriginal community believe that governments are not respecting their treaty or Aboriginal rights, and that effective redress through political or legal means is not available. It is typical of these events that governments have failed to respect the rights at issue or to provide effective redress, for a very long time, and a deep sense of frustration has built up within the Aboriginal community.”54
The Inquiry report called for the provincial government to adopt, “as soon as it is practical to do so,” a province-wide “peacekeeping” policy based largely on the OPP Framework, in order to “codify the lessons learned at Ipperwash and reassure both Aboriginal and non-Aboriginal Ontarians that peacekeeping is the goal of both police and government in this province, that treaty and Aboriginal rights will be respected, that negotiations will be attempted at every reasonable opportunity, and that the use of force must be the last resort.”55
Despite a public commitment by the provincial government to fully implement the recommendations of the Ipperwash Inquiry, little progress has been made in the nearly five years since the Inquiry concluded. The province has yet to implement a provincial peacekeeping policy and the OPP framework has not been subjected to an independent review as called for by the Inquiry. The federal government, which chose not to participate in the Inquiry, has also not taken up its recommendations.
Furthermore, a case study carried out by Amnesty International suggests that the OPP has failed to fully implement its own framework for responding to Indigenous protests and that the provincial government is not holding the OPP accountable to this framework.56 In
51 Ontario Provincial Police. Framework for Police Preparedness for Aboriginal Critical Incidents. p. 2.
52 Ontario Provincial Police. Framework for Police Preparedness for Aboriginal Critical Incidents. p. 2.
53 UN Human Rights Committee. Concluding observations of the Human Rights Committee: Canada. 7 April 1999. CCPR/C/79/Add.105
54 Province of Ontario, Report of the Ipperwash Inquiry, Vol. 2, p. 43.
55 Province of Ontario, Report of the Ipperwash Inquiry, Vol. 2, p. 216.
56 Amnesty International Canada. “I was never so frightened in my entire life”: Excessive and dangerous
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separate incidents in June 2007 and April 2008, hundreds of OPP officers were deployed to surround and contain protesters from the Tyendinaga Mohawk Territory in Ontario. These forces included members of the Tactics and Rescue Unit, commonly known as the sniper squad and whose members are heavily armed. No credible evidence has ever been brought forward to show that the protesters were armed or represented a significant threat to public safety.57 However, in an incident in April 2008 the situation escalated to the point that OPP officers, in response to a false report that a rifle had been sighted, drew handguns and levelled high powered assault rifles at unarmed activists and bystanders.58 The provincial government has refused calls by Amnesty International for an independent probe of these incidents and the OPP has refused to confirm whether it has even conducted an internal review.
RECOMMENDATIONS:
(1) Canada should ensure that all jurisdictions in the country adopt and implement binding policies publicly affirming that in responding to Indigenous occupations and protests, particularly within the context of land related resources disputes, security forces use lethal force only as a last resort and only when strictly necessary to protect life or ensuring the safety of others.
(2) Canada should press the government of the Province of Ontario to implement fully the recommendations of the Ipperwash Inquiry, including an independent review of the Framework for Police Preparedness for Aboriginal Critical Incidents, and conduct a specific probe into the OPP handling of incidents at Tyendinaga.
E. VIOLENCE AGAINST INDIGENOUS WOMEN AND GIRLS (GENERAL RECOMMENDATION 25; ARTICLES 2(A), 5(A), (B), (E)(IV) AND 6)
Over the past seven years, Amnesty International has been raising concerns with the Government of Canada about the high rates of violence faced by Indigenous women and girls in Canada and their lack of access to justice.59 Police in Canada do not consistently record or report whether the victims of violent crime are Indigenous. As a consequence there are no
police response during Mohawk land rights protests on the Culbertson Tract (May 2011). Available at: http://www.amnesty.ca/files/canada-mohawk-land-rights.pdf.
57 Amnesty International Canada. “I was never so frightened in my entire life”: Excessive and dangerous police response during Mohawk land rights protests on the Culbertson Tract (May 2011), available at: http://www.amnesty.ca/files/canada-mohawk-land-rights.pdf.
58 Amnesty International Canada. “I was never so frightened in my entire life”: Excessive and dangerous police response during Mohawk land rights protests on the Culbertson Tract (May 2011), available at: http://www.amnesty.ca/files/canada-mohawk-land-rights.pdf.
59 Amnesty International, Canada: Stolen Sisters: A Human Rights Response to Discrimination and Violence against Indigenous Women in Canada, 3 October 2004 (AMR 20/003/2004).
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reliable, disaggregated statistics on the rate of violence faced by Indigenous women.60
However, in a 2004 Canadian government survey, Indigenous women reported rates of violence, including domestic violence and sexual assault, three and half times (3.5 times) higher than non-Indigenous women.61 A 2007 joint committee of government, Indigenous peoples, police and community groups in Saskatchewan reported that 60 per cent of the long-term cases of missing women in the province are Indigenous, although Indigenous women make up only 6 per cent of the population.62 As of March 2010, the Native Women’s Association of Canada, with the support of the Government of Canada, had documented 582 cases of missing and murdered Indigenous women and girls, mostly from the past three decades.63
The deep-rooted discrimination, marginalization and impoverishment experienced by Indigenous peoples in Canada is a critical, underlying factor leading both to the targeting of Indigenous women for extreme acts of racist and sexist violence and denying Indigenous women and their families appropriate support and protection by the state. Amnesty International’s research, based on the testimonials of families who have sought police help when sisters and daughters have gone missing, indicates that police procedures and practices for responding to missing persons cases too often fail to take into account the pervasiveness and severity of threats faced by Indigenous women, resulting in a failure of police to take prompt and effective action.
This Committee has previously expressed concern about the fact that Indigenous women “constitute a disproportionate number of victims of violent death, rape and domestic violence” in Canada and called on Canada to strengthen services for victims of crime and ensure that police training takes into consideration “the specific vulnerability of aboriginal women and women belonging to racial/ethnic minority groups to gender-based violence.”64 The CEDAW requested concrete action by the Canadian government on the high rate of violence against Indigenous women and girls in Canada in its concluding observations to Canada’s 2008 sixth and seventh periodic report.65
60 Statistics Canada, “Violent victimization of Aboriginal women in the Canadian provinces, 2009,” Shannon Brennan, (17 May, 2011). 61 Jodi-Anne Brzozowski, Andrea Taylor-Butts and Sara Johnson, “Victimization and offending among the Aboriginal population in Canada”, Juristat. Vol. 26, no. 3 (Canadian Centre for Justice Statistics, 2006). 62 Saskatchewan Provincial Partnership Committee on Missing Persons, Final Report (October 2007).
63 Native Women's Association of Canada, What their voices tell us: Research findings from the Sisters in Spirit Initiative (31 March 2010), p. i., available at: http://www.nwac.ca/sites/default/files/reports/2010_NWAC_SIS_Report_EN.pdf.
64 Concluding observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18 (25 May 2007), para. 20.
65 CEDAW recommended that Canada “develop a specific and integrated plan for addressing the particular conditions affecting aboriginal women, both on and off reserves…including poverty, poor health, inadequate housing, low school-completion rates, low employment rates, low income and high
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During the Universal Periodic Review of Canada in 2009, Canada stated that “[t]he issue of missing and murdered Aboriginal women is a pressing concern for Canada… Canada commits to identifying the causes of violence against Aboriginal women and developing appropriate responses in consultation with Aboriginal and civil society organizations.”66 In 2010 and 2011, the House of Commons Standing Committee on the Status of Women held a series of hearings in which Indigenous women and other advocates presented their analysis and proposals for addressing the violence faced by Indigenous women. In March 2011, the all-party Committee released its interim report which stated that “[w]hat is required is a co- ordinated, holistic approach to violence against Aboriginal women.”67
Amnesty International is concerned about reports that the current Minister of State for Status of Women, Rona Ambrose, has rejected this call for a national plan of action.68
In its report to this Committee, Canada notes an October 2010 announcement of new programs and initiatives “to improve community safety and to ensure that the justice system and law enforcement agencies can better respond to cases of missing and murdered Aboriginal women.”69 While many of these initiatives are welcome, the announcement continues a pattern of piecemeal responses that do not reflect an overall strategy and which fall short of the urgent action needed to address a problem of this severity and scale.
The government notes, for example, that it is introducing amendments to the Criminal Code to streamline the process of obtaining court orders or warrants for police wire taps. Amnesty International knows of no evidence, however, to suggest that difficulties in obtaining wiretaps is a factor hampering police response to cases of missing and murdered Indigenous women. While Canada plans to compile a national directory of policing “best practices”, it has made no commitment to ensure accurate and consistent recording of the Indigenous identity of victims of crime, something that is necessary to improve data collection and develop appropriate policing, legal and judicial responses to the high rates of violence.70
rates of violence…”. UN CEDAW, 42nd Session October 2008 “Concluding observations of the Committee on the Elimination of Discrimination against Women: Canada”, CEDAW/C/CAN/CO/7 para. 44.
66 UN Human Rights Council, 11th Session, Agenda item 6. “Universal Periodic Review: Report of the Working Group on the Universal Periodic Review: Canada Addendum Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review,” (A/HRC/11/17/Add.1).
67 Standing Committee on the Status of Women, 40th Parliament, 3rd Session, “Interim Report: Call into the night: An overview of violence against Aboriginal women (March 2011), page 9.
68 The Canadian Press, “No action plan on missing aboriginal women,” 5 July 2011, http://www.cbc.ca/news/politics/story/2011/07/05/pol-ambrose-women.html.
69 Canada: Nineteenth and Twentieth Periodic Reports, Submitted to the UN Committee on the Elimination of All Forms of Racial Discrimination, CERD/C/CAN/19-20 (8 June 2011), para. 46.
70 Amnesty International No More Stolen Sisters: The Need for a Comprehensive Response to Violence and Discrimination Against Indigenous Women, September 2009 (AMR 20/012/2009).
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RECOMMENDATION:
Canada should publicly commit to, and should immediately develop, a coordinated, comprehensive, national plan of action to end violence against Indigenous women and girls. This should include information about a timeline and budget towards achieving the creation of a national plan of action and ensuring its effective implementation. It should also include a clear and transparent plan for comprehensive consultation and collaboration with Indigenous women and representative organizations.
F. CONCERNS ABROAD: INDIGENOUS PEOPLES, CORPORATE ACTIVITIES AND TRADE POLICY (ARTICLE 2)
In 2007, this Committee called on Canada to “take appropriate legislative or administrative measures to prevent acts of transnational corporations registered in Canada which negatively impact on the enjoyment of rights of indigenous peoples in territories outside Canada.” 71 In particular, the Committee “recommends that the State party explore ways to hold transnational corporations registered in Canada accountable.”72 The Committee also specifically requested that, for the purposes of this current review, Canada should provide “information on the effects of activities of transnational corporations registered in Canada on indigenous peoples abroad and on any measures taken in this regard.”73 Unfortunately that information has not been provided in Canada’s nineteenth and twentieth periodic reports.
Since that time, proposed legislation brought by an opposition Member of Parliament, which would have codified a minimum legal framework for the human rights responsibilities of Canadian extractive companies operating outside Canada was narrowly defeated by six votes in an October 2010 parliamentary vote, and did not become law.74 The bill, if passed into law, would have given the government authority to investigate allegations of human rights abuses against Canadian companies operating abroad and withhold public money. The government has adopted a new Corporate Social Responsibility (CSR) strategy, including a CSR Counsellor who has a mandate to help mediate disputes related to the overseas operations of Canadian extractive companies. However, the Office of the Extractive Sector CSR Counsellor has serious limitations in that it cannot compel companies to participate – if a company refuses to cooperate, the case can’t be investigated – and has no mandate to order corrective measures or provide a remedy or require redress.75
71Concluding observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18 (25 May 2007), para. 17.
72 Ibid.
73 Ibid.
74 Bill C-300, Corporate Accountability of Mining, Oil and Gas Corporations in Developing Countries Act, 9 February 2009.
75 The government’s CSR strategy was announced in March 2009, two years after the multi-stakeholder Advisory Group to the National Roundtables on Corporate Social Responsibility and the Extractive Sector
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Similarly, Canada’s National Contact Point (NCP) for the Organisation for Economic Co- operation and Development (OECD) has been ineffective in investigating specific instance complaints filed by affected (and Indigenous) communities. In the case of Guatemala, a specific instance complaint was submitted by Indigenous community organisations in San Miguel Ixtahuacan, San Marcos in 2009 regarding the activities of a Canadian gold mining company.76 The complaint outlined allegations of harms and asked the NCP to investigate, make a site visit and issue a statement, including recommendations to the company, to ensure the company’s compliance with the OECD Guidelines for Multinational Enterprises.77 Ultimately, while the NCP accepted the complaint, it did not advance the case. Despite being told early in the process that dialogue with the company was not possible given the level of distrust felt by stakeholders, the NCP offered to facilitate a closed-door dialogue in Canada with the company. The offer was rejected by the petitioner. 78 Amnesty International believes that the NCP process in Canada merits substantive changes to ensure a more robust dispute resolution process.
As part of its CSR policy, Canadian diplomatic missions provide support to Canadian extractives companies to assist them in entering into overseas markets. Similarly, some training specific to Indigenous peoples has been provided through diplomatic missions to assist potentially affected communities understand the Canadian mining industry and establish positive relationships between communities and companies wanting to extract resources from within their territories.79 However, little evidence exists that Canadian Embassies provide robust human rights training for companies regarding their responsibilities to respect internationally recognized human rights, including Indigenous rights, when operating abroad.80
In August 2011 Canada and Colombia entered into a free trade agreement. Canadian
in Developing Countries reached unprecedented consensus and released a set of recommendations for government policy. The CSR strategy failed to adopt the Advisory Group’s recommendations for binding standards and an enforcement framework. Building the Canadian Advantage: A Corporate Social Responsibility (CSR) Strategy for the Canadian International Extractive Sector (March 2009), available at: http://www.international.gc.ca/trade-agreements-accords-commerciaux/ds/csr-strategy-rse- stategie.aspx?view=d.
76 http://www.international.gc.ca/trade-agreements-accords-commerciaux/ncp-pcn/specific- specifique.aspx?lang=eng&menu_id=7&view=d#ninth
77OECD Guidelines for Multinational Enterprises, 2011 Edition, http://www.oecd.org/dataoecd/43/29/48004323.pdf.
78 Canadian National Contact Point for the OECD Guidelines for Multinational Enterprises; Final Statement of the Canadian National Contact Point on the Notification Concerning the Marlin mine in Guatemala, pursuant to the OECD Guidelines for Multinational Enterprises, May 2011, page 2.
79 DFAIT supports CSR Projects Abroad, February 11, 2010, http://www.international.gc.ca/trade- agreements-accords-commerciaux/ds/fund_summary-resume_fonds.aspx?view=d
80 http://www.international.gc.ca/trade-agreements-accords-commerciaux/ds/fund_summary- resume_fonds.aspx?view=d
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resource companies operate widely in Colombia and are anticipated to increase their presence and level of investment now that the free trade deal between the two countries is in force. There are, however, serious human rights concerns associated with that agreement; including fears that increased extractive industry operations in areas of Colombia inhabited by Indigenous peoples and Afro-descendent communities might exacerbate human rights violations.81
Notably, Colombia’s Constitutional Court has determined that at least 34 Indigenous nations in the country are on the verge of physical and cultural annihilation.82 The National Indigenous Organization of Colombia has indicated that the failure to protect Indigenous rights in the face of resource extraction is a critical factor putting Indigenous peoples in the country at risk.83
Given these concerns, Amnesty International called for the agreement to be subject to an independent human rights impact assessment both before and after it came into force.84 That recommendation was not accepted, instead the two governments agreed to prepare an annual report containing a general summary of all actions taken under the free trade agreement and an analysis of the impact of these actions on human rights in Canada and in Colombia. These reports are not prepared by an independent body, do not have any specific requirement with respect to the involvement of Indigenous peoples in the review process, and were not required in advance of the free trade agreement coming into force.
The first report on human rights impacts will be tabled in the Canadian and Colombian parliaments in 2012. It is critical that this report clearly indicate all preventative and remedial steps being taken to address potential and actual human rights impacts arising from the agreement. Findings should be publicly disclosed and reported and open to consultation. Indigenous peoples should be appropriately consulted in accordance with international standards. Without these aspects, the report will fall far short of an independent human rights impact assessment.
Amnesty International has raised concerns and made recommendations about the impact of
81 Testimony of Amnesty International before the House of Commons Standing Committee on International Trade, 30 April 2008, 26 November, 2009 and 6 May 2010.
82 Auto 004/09 Corte Constitucional de Colombia, found online at: http://www.corteconstitucional.gov.co/relatoria/autos/2009/a004-09.htm
83 Organización Nacional Indígena de Colombia (ONIC), Informe, Palabra Dulce, Aire de Vida: Campaña para la pervivencia de los Pueblos Indígenas en Riesgo de Extinción en Colombia, 2010; Estado de los Derechos Humanos y Colectivos de los Pueblos Indígenas de Colombia: Etnocidio, Limpieza Étnica y Destierro, Informe al Relator Especial de la ONU para los derechos de los Pueblos Indígenas, 2009.
84 Letter from Amnesty International to Prime Minister Stephen Harper, 21 June, 2007; Letter from Amnesty International to Minister of International Trade David Emerson, 13 December, 2007; Bill C-2: Amnesty International’s Concerns and Recommendations, Testimony of Alex Neve, Secretary General, Amnesty International Canada (English branch), House of Commons Standing Committee on International Trade, 6 May, 2010.
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the operations of Canadian extractive companies on the protection of human rights, very often the rights of Indigenous peoples, in a number of other countries in addition to Canada, including the Democratic Republic of Congo, Ecuador, Guatemala, Mexico, Papua New Guinea, Peru, the Philippines and Sudan.85
RECOMMENDATIONS:
(1) Canada should, in consultation with Indigenous peoples organizations, establish and implement an effective regulatory framework for holding accountable companies registered, domiciled or operating in Canada for the human rights impact of their operations in Canada or abroad, including the impact on the rights of Indigenous peoples.
(2) Canada should ensure that victims of human rights violations associated with the activities of companies registered, domiciled or operating in Canada and/or abroad, have meaningful access to the regulatory mechanism and to effective remedies.
(3) Canada should also ensure access to domestic courts in such cases. Legal and administrative sanctioning provisions should be explored for Canadian companies that are found to have caused or contributed to human rights abuses abroad.
(4) Canada should implement binding laws and policies requiring companies registered, domiciled or operating in Canada and engaged in resource extraction in Canada or abroad to carry out and report periodically on human rights due-diligence throughout their global operations.
(5) Canada should ensure that free, prior and informed consent of Indigenous peoples forms the cornerstone of all negotiations over and/or use of land by provincial governments and the private sector. Canada should also monitor compliance with such policies before providing aid and support. Government agencies which provide funding and/or support to Canadian companies overseas should have human rights commitment policies in place, which are vigorously enforced, and should ensure robust human rights due diligence processes are carried out by potential clients before providing such support to companies.
(6) Canada should ensure meaningful participation of Indigenous peoples' organizations in Colombia and Canada in the review of the human rights impacts of the Canada-Colombia Free Trade Agreement and ensure that compliance with the UN Declaration on the Rights of Indigenous Peoples is one of the standards used in this review.
85 Amnesty International’s brief in support of Bill C-300: An Act respecting Corporate Accountability for the activities of Canadian mining, oil or gas in Developing Countries. Presented to the House of Commons Standing Committee on Foreign Affairs and International Development, 2009.
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3. REFUGEES AND MIGRANTS
Canada has been recognized and commended for its long and generous history of receiving refugees and migrants. Nevertheless, there are numerous human rights concerns associated with government laws, policies and practice with respect to the treatment of refugees, asylum seekers and migrants. Many of those issues have been highlighted by this Committee in past reviews of Canada’s record. In its 2002 review of Canada, for example, the Committee called on Canada to give “greater attention to the possible discriminatory effect of Canadian immigration policies.”86 In this submission Amnesty International highlights four areas of concern: the treatment of individuals who are smuggled into Canada, non refoulement, migrant and temporary workers, and access to health care for undocumented migrants.
A. HUMAN SMUGGLING (ARTICLES 2(1)(C), 5(B)AND (D)(I))
The government has recently tabled proposed legislation, Bill C-4, aimed at cracking down on the practice of human smuggling, coming in the wake of the arrival of two boat loads of Tamil refugee claimants from Sri Lanka on Canada’s west coast in 2009 and 2010.87 The Bill had been previously introduced in October 2010 as well, but did not proceed because all opposition parties were against it and the government was in a minority position at the time. However, following a May 2011 general election the government now enjoys a majority and has reintroduced the legislation, now widely expected to pass.
Amnesty International is concerned that many provisions in the Bill violate the rights of refugees, asylum seekers and migrants who have been smuggled to Canada.
Under Bill C-4, migrants, refugees and asylum seekers, including children, who are designated by the Minister of Public Safety as an “irregular arrival”, would be subject to mandatory detention for a minimum of one year or until they are recognized as Convention refugees.88 This would not be based on an individual assessment of their case, but on the group with whom they arrived. The detention would therefore be arbitrary. The individuals so detained would not be granted access to statutorily mandated detention reviews during that time,89 in contravention of international law provisions prohibiting arbitrary arrest and detention.90 They would be subject to mandatory detention unless and until they are
86 Concluding Observations of the Committee on the Elimination of Racial Discrimination: Canada. 11/01/2002. A/57/18, para. 336.
87 Bill C-4, the Preventing Human Smugglers from Abusing Canada’s Immigration System Act, introduced by the Minister of Public Safety, 16 June 2011, available at: http://www.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&DocId=5093718&File =24#1 [referred to hereafter as Bill C-4]. 88 Bill C-4, Clause 10(2) and 12.
89Bill C-4, Clause 10(2) and 12.
90 International Covenant on Civil and Political Rights, Art. 9; Convention on the Rights of the Child, Art.
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recognized as refugees under the 1951 Convention relating to the Status of Refugees.
Illegal entry into the country is a common and often necessary step for asylum seekers, who may have limited alternative options for reaching safe countries, because of passport and visa restrictions or for other reasons. However, under Bill C-4, even individuals whose claim for refugee status in Canada is accepted would be penalized and treated in a discriminatory fashion for entering Canada as part of a designated “irregular arrival”. Under the Immigration and Refugee Protection Act, an individual who is accepted as a refugee or a person in need of protection may apply for permanent residence from within Canada and may include, within the application, family members living in Canada and abroad so that they can join him or her as permanent residents in Canada. Under Bill C-4, refugees who arrive as part of a designated “human smuggling event” will be deprived of the right, for five years, to apply for permanent residence, and therefore for reunification with their families, including children. 91
Deprival of the right to apply for permanent residence also means that designated individuals would not be allowed to obtain travel documents and therefore travel outside of Canada during that time.92 This leads to further family hardship and may interfere with employment prospects, as employment opportunities may be restricted should they obtain a job in Canada which requires international travel.
Measures meant to target human smugglers must not violate the rights of individuals who turn to them in desperation. With respect to refugees, in particular, measures should not victimize individuals who have been already victimized two times, first by their persecutors and then by smugglers.
RECOMMENDATION:
The Canadian government should withdraw Bill C-4 and should only proceed with law reform dealing with human smuggling in a manner that conforms fully to Canada’s international human rights obligations.
B. NON REFOULEMENT TO TORTURE OR OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (ARTICLE 5(B) AND GENERAL RECOMMENDATION XXX, PARA. 27)
Provisions in Canada’s Immigration and Refugee Protection Act maintain the possibility that individuals who pose a security risk may be deported from Canada, even if there is a substantial risk that they will be subjected to torture or other cruel, inhuman or degrading treatment or punishment in the country to which they will be deported.93 The Supreme
9.
91 Bill C-4, Clause 4 (1.1)(a)(b)(c).
92 Bill C-4, Clause 9. 93 Immigration and Refugee Protection Act, s. 115(2): This section creates an exception to the principle of non-refoulement “in the case of a person who is inadmissible on grounds of (a) serious criminality and
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Court of Canada has ruled that ordinarily no one should be deported to face a “serious risk of torture” but that “in exceptional circumstances, deportation to face torture might be justified.”94
Under international law the ban on refoulement to a risk of torture or other cruel, inhuman or degrading treatment or punishment is absolute and can never be justified. The CCPR and the CAT have both repeatedly called on Canada to amend its laws to recognize the absolute nature of the ban on refoulement in cases involving a risk of torture or other cruel, inhuman or degrading treatment.95 The failure to do so means that non-citizens in Canada may face a risk of torture or other cruel, inhuman or degrading treatment that Canadian citizens do not.
RECOMMENDATION:
Canada should amend the Immigration and Refugee Protection Act to implement the absolute ban on deporting, extraditing or in any way returning or transferring an individual to face a risk of torture or other cruel, inhuman or degrading treatment in another country.
C. MIGRANT AND TEMPORARY WORKERS (GENERAL RECOMMENDATION NO XXX, PARA. 35; ARTICLE 5 (E)(I))
Under Canada’s immigration laws, a number of categories of individuals are granted admission to Canada on the basis of temporary or provisional employment. Amnesty International has frequently highlighted concerns that the conditions of employment of certain categories of migrant workers or the legal provisions governing their employment sector put them at risk of human rights violations.96 These concerns arise against a backdrop
who constitutes, in the opinion of the Minister, a danger to the public in Canada; or (b) security, violating human or international rights or organized criminality if, in the opinion of the Minister, the person should not be allowed to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada.”
94 Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3, 2002 SCC 1, paras. 78 and 129, available at: http://scc.lexum.org/en/2002/2002scc1/2002scc1.html.
95Conclusions and recommendations of the Committee against Torture, CAT/C/CR/34/CAN (7 July 2005), paras. 4(d) and 5(b); Concluding Observations of the Committee against Torture: Canada. 11/22/2000. A/56/44, 13-24 November 2000, para. 59(a) and (b); Concluding Observations of the Human Rights Committee, CCPR/C/CAN/CO/5, 20 (April 2006), para. 15. 96 See for example, Amnesty International, Canada Without Discrimination: The Fundamental Rights of All Canadians to Human Rights Protection, 2007, available at http://www2.ohchr.org/english/bodies/cerd/cerds70-ngos-canada.htm and Amnesty International, Canada Human Rights for All: No Exceptions, 2007 (AMR 20/001/2007); Amnesty International, It is a Matter of Rights: Improving the Protection of Economic, Social and Cultural Rights in Canada, March 27, 2006, available at: http://www2.ohchr.org/english/bodies/cescr/docs/info-ngos/amnesty.pdf; Amnesty International, Unequal Rights: Ongoing concerns about Discrimination against Women in Canada, 2008 (AMR 20/008/2008), available at: http://www2.ohchr.org/english/bodies/cedaw/docs/ngos/AI_Canada42.pdf; Canada: Amnesty International Submission to the UN Universal Periodic Review: Fourth session of the UPR Working Group of the
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of Canada’s continuing failure to ratify the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
For instance, the requirement associated with the Live-in Caregiver Program (LCP) that caregivers reside in their employer’s home in order to maintain their immigration status increases the likelihood of exploitation and abuse. Live-in caregivers are eligible to apply for permanent residence upon completing 24 months of authorized full-time employment or a total of 3,900 hours within a four-year period. During this period they have temporary status and must live in the home of the employer whose name appears on their work permit. Since the implementation of the LCP in 1992, numerous reports and studies have indicated that this live-in requirement, together with temporary status, leaves caregivers in situations of isolation, powerlessness, invisibility and loneliness, and makes them especially vulnerable to physical, emotional and sexual abuse by employers.97 Workers have described excessive hours of work, less than minimum wage rates, non-payment or under-payment for overtime work, added tasks and responsibilities that were not part of the employment agreement, degrading treatment and sexual harassment.98 Many live-in caregivers state that they tolerate such exploitative conditions in order to avoid employers’ reprisals and the disadvantages associated with a change of employer, such as paying fresh fees for a new work permit, losing access to government health coverage, and incurring delays in the processing of permanent residency which means prolonged separation from family abroad.99
In April 2011, the government of Canada adopted changes to the LCP; however, the mandatory live-in requirement which sets the systemic context for the abuse and exploitation of some live-in caregivers remains intact.
Furthermore, live-in caregivers are not entitled to unionize under the laws of most provinces as provincial laws do not recognize the domestic sphere as a workplace.
Human Rights Council, February 2009 (AMR 20/004/2008), available at: http://www.amnesty.org/en/library/info/AMR20/004/2008/en..
97 Sedef Arat-Koc and Fely Villasi, Report and Recommendations on the Foreign Domestic Movement Program (Toronto: Intercede, October 1990); Adelle Blackett Making Domestic Work Visible: The Case for Specific Regulation (International Labour Organization, Labour Law and Labour Relations Branch, 1998); Louise Langevin and Marie-Claire Belleau, Trafficking in Women in Canada: A Critical Analysis of the Legal Framework Governing Immigrant Live-in Caregivers and Mail-Order Brides (Status of Women Canada, October 2000).
98 Sedef Arat-Koc, Caregivers Break the Silence (Toronto: Intercede, 2001); Geraldine Pratt, “Is this Canada-Domestic workers’ experiences in Vancouver, BC” in Gender, Migration and Domestic Service, ed. Momsen, Janet (1999) at 23-42; Philippine Women’s Centre of British Columbia, Trapped: Holding onto the Knife’s Edge, Economic Violence Against Filipino Migrant/Immigrant Women (Vancouver, March 1997).
99 “Investigation: Nanny Abuse”, Toronto Star: http://www.thestar.com/topic/Nannies; Office of the Auditor General of Canada, 2009 Fall Report of the Auditor General – Chapter 2 Selecting Foreign Workers Under the Immigration Program, available at: http://www.oag- bvg.gc.ca/internet/English/parl_oag_200911_02_e_33203.html#hd4e.
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Agricultural migrant workers in Canada experience similar difficulties, including unpaid and underpaid wages, wage exploitation, heavy workload, excessively long work hours without rest, inadequate living and workplace conditions, and exclusion from most labour laws and employment standards. More than 28,000 migrant agricultural workers come to Canada each season under the Canadian Seasonal Agricultural Workers Program (CSAWP), and the Temporary Foreign Workers (TFW) Program for Occupations Requiring Lower Levels of Formal Training. These programs, which are facilitated by the federal government, match workers, who are mostly but not exclusively workers from Mexico and Caribbean countries, with Canadian farm employers in order to provide a reliable temporary workforce for the agricultural industry, which is viewed as an undesirable employment sector by most Canadian workers due to the low wages, hard physical labour and dangerous and seasonal nature of the work.
Provincial laws generally exclude agricultural workers from many labour provisions governing minimum wages, hours of work, vacations and vacation pay, holidays and holiday pay, rest periods and overtime.100 In addition, Alberta and Ontario deny most agricultural workers the rights to form unions and bargain collectively, as well as the right to strike.101 In April 2011, the Supreme Court of Canada found that legislation that denies farm workers the same rights that most other workers possess to join unions and to bargain collectively does not violate the constitutional right to freedom of association or equality.102 The Supreme Court ruling came only five months after the International Labour Organisation had found that the federal and provincial Ontario governments were in violation of international conventions by failing to extend to farm workers meaningful union and collective bargaining rights.103
Migrant workers also face serious workplace health and safety risks, and employment and legislative obstacles that effectively force them to choose between protecting their health and providing for their families. The province of Alberta continues to exclude all outdoor migrant
100 Saskatchewan: Labour Standards Act, R.S.S. 1978, c. L-1, as amended, s. 4(3); Alberta: Employment Standards Code, S.A. 1996, c. E-10.3, as amended, s.2; Alberta: Employment Standards Regulation, A.R. 14/97, as amended, s. 1.1; New Brunswick: Employment Standards Act, S.N.B. 1982, c. E-7.2, as amended, s.5; Prince Edward Island: Employment Standards Act, S.P.E.I. 1992, c.18, as amended, s. 2(5); Ontario: Exemptions, Special Rules and Establishment of Minimum Wage Regulation, O. Reg. 285/0, s. 2; Nova Scotia: Regulations pursuant to section 4(2) and 7 of the Labour Standards Code, N.S. Reg. 290/90, as amended, ss. 1 and 2(3); Newfoundland: Labour Standards Regulations, Consolidated N. Reg. 781/96, as amended, s.9; Quebec: Act Respecting Labour Standards, S.Q. 1979, c. 45 (R.S.Q. c. N-1.1), as amended, ss. 39.1, 54 and 77; Regulation Respecting Labour Standards, R.R.Q. 1981, c.N-1.1 r.3, as amended, s. 2; British Columbia: Employment Standards Regulation, B.C. Reg. 396/95, s. 34.1, s. 18, s. 36.1.
101 Alberta Labour Relations Code, RSA 2000, c L-1, s. 4; Ontario Labour Relations Act, 1995, SO 1995, c 1, Sch A.
102 Ontario (Attorney General) v. Fraser, 2011 SCC 20, [2011] 2 S.C.R. 3.
103 Complaint against the Government of Canada presented by the United Food and Commercial Workers Union Canada (UFCW Canada) supported by the Canadian Labour Congress and UNI Global Union Report No. 358, Case(s) No(s). 2704.
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workers from protection under its health and safety legislation,104 despite the fact that 170 migrant workers have reportedly died on Alberta farms since 1980.105 The province of Ontario extended the Occupational Health and Safety Act in 2006 to cover migrant workers; however, many migrant agricultural workers remain fearful106 of exercising their provincially legislated right to refuse to perform unsafe work because the federal regulations governing their immigration status do not provide express protection to a worker who refuses to perform unsafe work.107
According to a 2010-2011 report prepared by the United Food and Commercial Workers Union of Canada, most farm workers do not receive health and safety training and in the 2009 season at least half of the workers ordered to work with chemicals and pesticides were not supplied such necessary protection as gloves, masks, and goggles. Only 24 per cent of workers injured on the job made claims to workers compensation with workers citing fear of being docked pay, repatriated, or being blacklisted from returning the next season as the reason behind not filing a claim.108
Migrant workers may also be denied access to employment insurance under the Federal Employment Insurance Act despite having been required to make contributions. To be entitled to benefits under the Federal Employment Insurance Program a worker must have 910 hours of insurable work in the 52 weeks prior to making his or her first benefits claim or if he or she is re-entering the Canadian workforce after an absence of two or more years. For subsequent benefits claims, a worker must have between 420 and 700 hours of insurable employment, depending on the local unemployment rate, during the previous 52 weeks or since his or her last benefits claim, whichever is shorter.109 Given the seasonal nature of the work that they do, some agricultural workers will not be able to meet these thresholds on the basis of agricultural work alone. Thus many migrant farm workers will not be eligible for Employment Insurance benefits even though they make contributions.
On April 1 2011 the Federal Government introduced regulatory changes to the Temporary Foreign Worker program, which includes sanctions on employers who are found to have violated the terms of their agreement with the worker;110 however, the mechanism for
104 Occupational Health and Safety Act, RSA 2000, c O-2, s. 1(s)(i)
105 United Food and Commercial Workers Canada, The Status of Migrant Farm workers in Canada: 2010- 2011 at 15, available at: http://www.ufcw.ca/templates/ufcwcanada/images/awa/publications/UFCW- Status_of_MF_Workers_2010-2011_EN.pdf.
106 Interviews conducted by Amnesty International with organizations and advocates working with agricultural workers in the provinces of British Columbia and Ontario over the course of 2010-2012.
107 Immigration and Refugee Protection Regulations, ss.200-201.
108United Food and Commercial Workers Canada, The Status of Migrant Farm workers in Canada: 2010- 2011 at 14, available at: http://www.ufcw.ca/templates/ufcwcanada/images/awa/publications/UFCW- Status_of_MF_Workers_2010-2011_EN.pdf. 109 Employment Insurance Act, SC 1996, c 23, s. 7(2).
110 Immigration and Refugee Protection Regulations, s. 203(h).
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monitoring employers is an entirely voluntary monitoring initiative launched by Human Resources and Skills Development Canada. The government has not taken effective steps to ensure implementation of the legislation.111
With notable increases in the number of migrant workers arriving in Canada annually, serious concerns have also arisen about the conduct of certain agents, consultants and recruiters who deal with temporary workers. Some recruiters charge prospective foreign workers fees for work placement, which is illegal under several provincial laws. On average such fees range between $2,000 and $8,000, with some approaching $20,000. Recruiters may also charge a fee to bring a worker to Canada for a job that never existed, no longer exists when the worker arrives, or exists for only a short time before the worker is laid off.112 Regulation of recruitment agencies is a provincial matter, meaning there is no consistent set of rules across Canada. The lack of adequate mechanisms to monitor recruiters, agents and consultants are at the heart of a lawsuit in the province of British Columbia brought by 50 Filipino temporary foreign workers who charge that the company that hired them did not live up to the employment contract they signed and that they were each required to pay an additional fee of approximately $6000 to a recruiting agency.113 In April 2009, the province of Manitoba implemented legislation that strictly prohibits charging fees to workers as part of the recruitment process. Through increased monitoring, the new legislation facilitates employers’ worker recruitment activities in an ethical and orderly manner.114 The legislation provides a model for other provinces.
RECOMMENDATIONS:
(1) Canada should ratify the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
(2) Canada should ensure that migrant workers enjoy the right to join a union of their choice without discrimination.
111HRDC Monitoring Initiative Fact Sheet, available at: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/ercompreview/factsheet.shtml
112 Nakache, Delphine and Paula J. Kinoshita. 2010. “The Canadian Temporary Foreign Worker Program: Do Short-
Term Economic Needs Prevail over Human Rights Concerns?” IRPP Study, No. 5, http://www.irpp.org/pubs/IRPPstudy/IRPP_Study_no5.pdf.
113 Herminia Vergara Dominguez v. Northland Properties Corporation doing business as Denny’s Restaurants, and Dencan Restaurants Inc 2011 SCBC S-110095. A certification hearing was held in the British Columbia Supreme Court on August 29-30, 2011 before Madame Justice Fitzpatrick. It is expected that her decision on whether to certify the action as a class proceeding will be released in the coming months.
114 Nakache, Delphine and Paula J. Kinoshita “The Canadian Temporary Foreign Worker Program: Do Short- Term Economic Needs Prevail over Human Rights Concerns?” (2010) IRPP Study, No. 5, available at: http://www.irpp.org/pubs/IRPPstudy/IRPP_Study_no5.pdf.
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(3) Canada should review foreign worker programs that include a live-in or other place of residence requirement, such as the domestic caregivers and seasonal agricultural workers programs, and remove the restrictions with respect to place of residence.
(4) Canada should review all foreign worker programs and ensure that there is no discrimination with respect to labour standards protections or access to programs such as employment insurance.
(5) Canada should work with provincial and territorial governments to ensure that any bilateral agreements with source countries of temporary foreign workers include human rights protections.
(6) Canada should work with provincial and territorial governments to accredit, monitor and, if necessary, discipline both domestic and offshore recruiters of foreign workers.
E. ACCESS TO HEALTH CARE FOR UNDOCUMENTED MIGRANTS (ARTICLE 5(E)(IV))
In 2007, this Committee recommended that Canada take action to ensure that undocumented migrants and stateless persons, particularly those whose application for refugee status has been rejected but who cannot be removed from Canada, are not excluded from eligibility for social security, healthcare and education.115 Since the 2007 review however, there has not been any progress towards meeting this recommendation in so far as the issue of access to health care is concerned.
The provision of publicly-funded health services is primarily the responsibility of the provinces and the territories in Canada, all of which currently exclude undocumented migrants from public health coverage because they do not meet the definition of “resident” in provincial health regulations.116 Undocumented migrants are equally excluded from the Interim Federal Health Program (IFH), a program funded by Citizenship and Immigration Canada for providing emergency and essential health care coverage to eligible individuals who do not qualify under provincial health insurance plans.117 At the moment, the only providers of health care to undocumented migrants are, therefore, a limited number of community health centres which exist only in some jurisdictions and lack the space,
115 Concluding observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18, 25 (May 2007), para. 23.
116 See Health Insurance Act, RSO 1990, c H.6. s. 11(1), and Health Insurance Act R.R.O. 1990, Regulation 552, s. 1.4
117 Citizenship and Immigration Canada has decided that the IFH coverage is only for refugee claimants, resettled refugees, persons detained under the Immigration and Refugee Protection Act and Victims of Trafficking in Persons: Interim Federal Health Program: http://www.cic.gc.ca/english/refugees/outside/resettle- assist.asp.
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resources or policies to provide care for such individuals in a reliable and regular way.118
In some provinces, undocumented migrants can receive emergency medical treatment at hospitals due to provincial regulations that bar hospitals from denying treatment when to do so would endanger life.119 However, hospitals have complained about the costs involved and there are reports of some hospitals encouraging staff to refuse services to uninsured patients.120 Some hospitals in Quebec have now posted signs advising that uninsured patients will have to pay for services received, thus actively discouraging some individuals from seeking medical assistance. As a result, many undocumented migrants present themselves at hospitals only at very late stages of illness or near death.121
Estimates of the number of undocumented migrants in Canada range from 20,000 to 500,000.122 It is difficult to assess the magnitude of the problems caused by the denial of health services to them due to the inherent challenges of conducting research within this population group. Nevertheless, current academic and community-based findings indicate that irregular migrants suffer from serious health care deficiencies including extreme delay in receiving medical treatment, shortcomings in treatment and poor follow-up for chronic conditions like hypertension, diabetes and HIV.123 Among the numerous long-term, and
118 Lilian Magalhaes , et al, “Undocumented Migrants in Canada: A Scope Literature Review on Health, Access to Services, and Working Conditions”(2010) Journal of Immigrant and Minority Health 12, 132- 151; Rousseau C, et al, “Health care access for refugees and immigrants with precarious status: public health and human right challenges” (2008) Canadian Journal of Public Health 99(4), 290–2; Bernhard JK, et al, “Living with precarious legal status in Canada: implications for the well-being of children and families” (2007) Refuge 24(2), 101-14.
119 See for example, Ontario Public Hospitals Act. R.S.O. 1990, c. P.40.
120 Lewandowski R (2006) In L’Actualité, Vol. 1 September 2006.
121 Rousseau C, et al, “Health care access for refugees and immigrants with precarious status: public health and human right challenges” (2008) Canadian Journal of Public Health 99(4) at 291;Berinstein C, et al, Access not fear: non-status immigrants & city services (Ontario Council of Agencies Serving Immigrants, 2006).
122 Through the Back Door: Canada and the world backgrounder (Dec 2006) 72(3), 7-21; Jimenez M., “200,000 illegal immigrants toiling in Canada’s underground economy” The Globe and Mail (15 Nov 2003) p. A1.
123 See Lilian Magalhaes , et al, “Undocumented Migrants in Canada: A Scope Literature Review on Health, Access to Services, and Working Conditions”(2010) Journal of Immigrant and Minority Health 12, 132-151; Rousseau C, et al, “Health care access for refugees and immigrants with precarious status: public health and human right challenges” (2008) Canadian Journal of Public Health 99(4), 290-2; Simich L,Wu F, Nerad S, “Status and health security: an exploratory study of irregular immigrants in Toronto” (2007) Canadian Journal of Public Health 98(5), 369-73; Bernhard JK, et al, “Living with precarious legal status in Canada: implications for the well-being of children and families” (2007) Refuge 24(2), 101-14; Caulford P, Vali Y., “Providing health care to medically uninsured immigrants and refugees” (2006) Canadian Medical Association Journal 174(9):1253-4; Access Alliance, Radicalized Groups and Health Status: A literature review exploring poverty, housing, race- based discrimination and access to health care as determinants of health for radicalized groups (Toronto:
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potentially irreversible, negative health consequences of a delayed diagnosis are increased severity of illness, increased viral resistance, and worsening of mental health problems.124 According to a 2007 study, there may be as many as 80 preventable deaths linked to immigration status in the Province of Quebec every year.125
Of particular concern are undocumented pregnant women who do not receive pre-natal care and experience high risk pregnancies such as ectopic pregnancies, eclampsia and an increased need for C-sections.126 A study of patients lacking regular immigration status at a health clinic in Scarborough found that 60 per cent of pregnant women who had come to the clinic had serious deficiencies in prior antenatal care.127 In 2007, an undocumented migrant woman in Montreal died en route to the hospital because she had not received any prenatal care and her ectopic pregnancy had not been consequently detected.128 Studies suggest that when undocumented pregnant women go into labour they face avoidable complications related to inadequate pain management, resulting in severe hemorrhaging, anemia and C- sections.129 A clinician in Montreal who frequently works with undocumented pregnant women has noted that “providing adequate care during parturition can be a problem, as anesthesiologists often refuse to give an epidural to such patients free of charge, on the grounds that it is an unnecessary measure.” 130
Uninsured, undocumented migrant children, as well as Canadian-born children of uninsured parents, are also profoundly affected by the current health policies of Canadian governments.
Access Alliance Multicultural Community Health Centre, 2005).
124 Ibid.
125 Kuile, Sonia, et al, “The Universality of the Canadian Health Care System in Question: Barriers to Services for Immigrants and Refugees” (2007) International Journal of Migration, Health and Social Care 3(1) at 18.
126 Caulford P, Vali Y., “Providing health care to medically uninsured immigrants and refugees” (2006) Canadian Medical Association Journal 174(9):1253-4; Rousseau C, et al, “Health care access for refugees and immigrants with precarious status: public health and human right challenges” (2008) Canadian Journal of Public Health 99(4), 290-2. 127 Caulford P, Vali Y., “Providing health care to medically uninsured immigrants and refugees” (2006) Canadian Medical Association Journal 174(9):1253-4.
128 Kuile, Sonia, et al, “The Universality of the Canadian Health Care System in Question: Barriers to Services for Immigrants and Refugees” (2007) International Journal of Migration, Health and Social Care 3(1) at 22.
129 Lilian Magalhaes , et al, “Undocumented Migrants in Canada: A Scope Literature Review on Health, Access to Services, and Working Conditions”(2010) Journal of Immigrant and Minority Health 12, 132- 151; Caulford P, Vali Y., “Providing health care to medically uninsured immigrants and refugees” (2006) Canadian Medical Association Journal 174(9):1253-4; Oxman-Martinez J, et al, “Intersection of Canadian policy parameters affecting women with precarious immigration status: a baseline for understanding barriers to health”(2005) Journal of Immigrant Health 7(4), 247-58. 130 Kuile, Sonia, et al, “The Universality of the Canadian Health Care System in Question: Barriers to Services for Immigrants and Refugees” (2007) International Journal of Migration, Health and Social Care 3(1) at 22.
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Among the consequences have been a prolonged lack of adequate care for acute mental health conditions like post-traumatic stress disorder and depression, unavailability of rehabilitation services and treatment for autism, and delayed surgical intervention.131
In a recent court case challenging the exclusion of undocumented immigrants from access to healthcare under sections 7 (life, liberty and security of the person) and 15 (non- discrimination) of the Canadian Charter of Rights and Freedoms the Canadian government argued that it is legitimate to deny health care necessary to life to undocumented migrants in order to discourage illegal immigration, and that this is in accordance with the principles of fundamental justice.132 The Federal Court of Appeal agreed with this argument and stated:
At the root of the appellant’s submission are assertions that the principles of fundamental justice under section 7 of the Charter require our governments to provide access to health care to everyone inside our borders, and that access cannot be denied, even to those defying our immigration laws, even if we wish to discourage defiance of our immigration laws. I reject these assertions. They are no part of our law or practice, and they never have been.133
The Federal Court of Appeal arrived at this conclusion even though it had accepted the lower- level Federal Court finding that the appellant “would be at very high risk of immediate death (due to recurrent blood clots and pulmonary embolism), severe medium-term complications (such as kidney failure and subsequent requirement for dialysis), and other long-term complications of poorly-controlled diabetes and hypertension (such as blindness, foot ulcers, leg amputations, heart attack, and stroke) … [if] she were to not receive timely and appropriate health care and medications in the future.”134 An application for leave to appeal this ruling to the Supreme Court of Canada is pending.
Enforcement of immigration rules does not justify violations of the right to health of undocumented migrants. As this Committee noted in its General Recommendation XXX, differential treatment based on immigration status should be only in pursuit of a legitimate aim, and be proportional to the achievement of that aim.135
131 Rousseau C, et al, “Health care access for refugees and immigrants with precarious status: public health and human right challenges” (2008) Canadian Journal of Public Health 99(4), at 291; Kuile, Sonia, et al, “The Universality of the Canadian Health Care System in Question: Barriers to Services for Immigrants and Refugees” (2007) International Journal of Migration, Health and Social Care 3(1) at 22.
132 Respondent’s Memorandum of Fact and Law, Toussaint v. Canada (Attorney General) FCA File No. A- 362-10 available at: http://www.socialrights.ca/litigation/toussaint/IFH%20APEAL/Respondent's%20memorandum%20of%20 fact%20and%20law.pdf.
133 Toussaint v. Canada (Attorney General) 2011 FCA 213 at para.74.
134 Toussaint v. AG (Canada) 2010 FC Canada 810 at para. 91.
135 General Recommendation XXX on Discrimination against Non-Citizens, HRI/GEN/1/Rev.7/Add.1, 4 May 2008, para. 4.
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RECOMMENDATIONS:
(1) Canada should ensure that all individuals present in Canada have access to adequate and appropriate health care, regardless of their immigration status.
(2) Canada should revise its laws and policies to ensure that all persons present in Canada enjoy at all times, in principle and in practice, the right to health and the right not to face unlawful discrimination in accessing, among other public services, health care. 4. RACISM AND NATIONAL SECURITY
This Committee has monitored closely the concern that national security laws, policies and practices adopted by nations in the wake of the September 11 terrorist attacks in the United States would be rooted in or would fuel racism and discrimination. In the Committee’s 2007 Concluding Observations, Canada was reminded of its “obligation to ensure that measures taken in the struggle against terrorism do not discriminate in purpose or effect on grounds of race, colour, descent or national or ethnic origin” and to specifically “ensure that individuals are not targeted on the ground of race or ethnicity.”136 The Committee was sufficiently concerned about this issue that it required Canada to provide information as to follow-up within one year.137
In its follow up response, submitted in July 2009, the Canadian government stated that Canada’s law enforcement and security intelligence professionals “do not target any community, group or faith.”138 Amnesty International considers, however, that concerns about racism and discrimination in Canada’s national security practices persist in the areas of immigration security certificates, profiling, access to remedies and the need for strengthened review and oversight.
A. IMMIGRATION SECURITY CERTIFICATES (ARTICLE 5(A))
In its 2007 review of Canada this Committee expressed concern about the use of “security certificates under the Immigration and Refugee Protection Act which provides for indefinite detention without charge or trial of non-nationals who are suspected of terrorism-related
136 Concluding observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18, 25 May 2007, para. 14.
137Concluding observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18, 25 May 2007, para. 32.
138 Information provided by the Government Canada on the implementation of the concluding observations of the Committee on the Elimination of Racial Discrimination, CERD/C/CAN/CO/18/Add. 1, para. 2.
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activities”139 and took particular note of the Supreme Court of Canada’s February 2007 judgement in the case of Charkaoui v. Canada, dealing with the immigration security certificate system.140 Since September 11 2001, immigration security certificates are known to have been actively pursued against at least nine men, overwhelmingly of Muslim and Arab background. Two of those men were German and Russian nationals. The other seven are all Muslim men from Egypt, Algeria, Morocco and Syria.
In the Charkaoui ruling the Supreme Court of Canada struck down the previous system, because it did not ensure individuals subject to certificates an adequate means to mount a defence. That is because they are denied access to the bulk of the evidence against them on grounds of national security and other grounds. They are not able to cross-examine individuals who are the source of that evidence. They are provided with only a summary of the evidence.141 The Court gave the government one year to reform the system.
In response to the ruling the government introduced a system of Special Advocates who are provided full access to the evidence and are expected to test that evidence with the interests of the person subject to the certificate in mind. However, once they have seen any “secret” evidence they are not allowed any further contact with the individual concerned, unless a judge specifically allows such contact.142 Amnesty International is concerned that the new system still falls short of what is required under international fair trial standards guaranteeing a right to choice of legal counsel and of an ability to mount a full and effective defence.
RECOMMENDATION:
To guarantee fair trials, Canada should amend the Immigration and Refugee Protection Act to allow legal counsel for individuals subject to immigration security certificates to have full access to all evidence in government files, subject to any necessary undertakings to protect national security or other considerations.
B. PROFILING (ARTICLES 2(1)(C), 5(A) AND (B))
Concerns about racial, ethnic and religious profiling for those targeted under national security measures persist. Individuals affected have overwhelmingly been Muslim and of North African, Middle Eastern or South Asian origin. Canadian authorities have steadfastly insisted that individuals and communities are not targeted because of their racial, ethnic or religious
139 Until now, 97 per cent of the security certificates issued have been against Muslims and Arabs: “Ex- detainee backs Bloc: Suspected Al-Qa'ida sleeper agent Adil Charkaoui endorsed the Bloc Quebecois yesterday as Gilles Duceppe called for an overhaul of the federal government's "McCarthyist" security certificate program”, Montreal Gazette (December 6, 2005), available at: http://www.canada.com/montrealgazette/news/story.html?id=eccd68bb-0d01-4e7a-b24a-af47fa59ca77.
140 Concluding observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18, 25 (May 2007), para. 14. 141 Charkaoui v. Canada (Citizenship and Immigration) [2007] 1 S.C.R. 350, 2007 SCC 9 para 65, 138, 139, 140
142 Immigration and Refugee Protection Act, s. 85.4(2)(3)).
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identity.
These concerns were echoed in the course of two significant parliamentary reviews. In 2007, the Special Senate Committee on the Anti-Terrorism Act and the House of Commons Standing Committee on Public Safety and National Security’s Subcommittee on the Review of the Anti-Terrorism Act both completed legislatively-mandated reviews of the 2001 Anti- Terrorism Act. Both Committees turned their attention to the issue of profiling.
The House of Commons Committee noted that “much more has to be done in consultation with the affected ethno-cultural communities to address these concerns [about racial and religious profiling.]”143 The Senate Committee was deeply concerned about the issue of profiling and noted that one of the “primary concerns during the course of our study was the sense of marginalization and vulnerability felt by members of the Canadian Arab and Muslim communities, and certain other immigrant or visible minority groups, since 11 September 2001.”144 The Senate Committee made a number of recommendations, including removing the “political, religious or ideological” motive element from the definition of terrorist activities so as to reduce profiling, conducting sufficient monitoring, enforcement and training to ensure that racial profiling does not occur, and strengthening the role of the Cross- Cultural Roundtable on Security.145 Amnesty International is of the view that the measures recommended by the Senate Committee should be implemented.
The issue of profiling also came up in the context of the judicial inquiry into the case of Maher Arar. Mr. Arar is a Canadian citizen, born in Syria, who was subject to extraordinary rendition from the United States to Syria, via Jordan, where he was detained unlawfully for one year. He experienced severe torture while in detention in Syria. Upon his release and return to Canada a Commission of Inquiry was established to examine what role Canadian officials had played in the case. The Commission documented numerous failings on the part of Canadian officials that led to the human rights violations he experienced. In 2007 he received compensation and an official apology from the Canadian government. In his report, Justice Dennis O’Connor, who conducted the Inquiry, made two recommendations with respect to profiling:
Recommendation 19: Canadian agencies conducting national security investigations … should have clear written policies stating that such investigations must not be based on racial, religious or ethnic profiling.
Recommendation 20: Canadian agencies involved in anti-terrorism investigations … should continue and expand on the training given to members and staff on issues of racial, religious and ethnic profiling and on interaction with Canada’s Muslim and Arab
143 Rights, Limits, Security: A Comprehensive Review of the Anti-Terrorism Act and Related Issues, Subcommittee on the Review of the Anti-Terrorism Act (March 2007), p. 10.
144 Special Senate Committee on the Anti-Terrorism Act, Fundamental Justice in Extraordinary Times: Main Report of the Special Senate Committee on the Anti-Terrorism Act (February 2007), p. 18.
145 Special Senate Committee on the Anti-Terrorism Act, Fundamental Justice in Extraordinary Times: Main Report of the Special Senate Committee on the Anti-Terrorism Act (February 2007), p. 18-29.
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communities.146
Finally, this Committee itself raised concerns about profiling and discrimination in the context of increased national security measures, particularly the Anti-Terrorism Act, and called on Canada to take steps to guard against that possibility including by reviewing current national security measures, undertaking sensitization campaigns and adding an explicit anti- discrimination clause to the Anti-Terrorism Act.147
All of these concerns remain relevant. Amnesty International has noted two recent developments that have underscored the ongoing sense within affected communities that profiling plays a significant role in national security investigations.
The first came in the aftermath of the release of an Amnesty International report documenting harassment, intimidation and violence by individuals linked to the Syrian government against Syrian activists living abroad, including in Canada.148 In meetings Amnesty International has had with law enforcement, security and political officials in Canada it has become clear that there is interest in taking action to address this problem. That would require close collaboration with the Syrian community in Canada. However, in conversations Amnesty International has had with members of the community, the reluctance to trust Canadian officials has been very palpable, rooted in their experiences of being targeted by those same officials as being suspicious or “of interest”.
The second came through a development in a case similar to that of Maher Arar. A second judicial inquiry, conducted by former Supreme Court of Canada Justice Frank Iacobucci and held over the course of 2007 and 2008, looked into the cases of Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin. These three Canadian citizens had all been arrested, imprisoned and tortured in Syria and additionally in the case of Mr. Abou-Elmaati, Egypt, at various points between 2001 and 2005. Like the Maher Arar Inquiry, this second inquiry had a mandate to look at the role played by Canadian officials in the human rights violations these three men, all Muslim and all originally from the Middle East or North Africa, had experienced. Commissioner Iacobucci documented numerous ways in which the actions of Canadian officials did indirectly contribute to the arbitrary arrest, unlawful detention and torture that they experienced. He noted that officials had repeatedly labeled them as being extremists, linked to Al-Qaeda and posing an imminent threat, despite there being no evidence to back up that characterization. That information was shared with other governments, including Syria and Egypt. The Commissioner termed this labeling to be “inflammatory, inaccurate and lacking investigative foundation.”149 The government has
146 Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, Report of the Events Relating to Maher Arar: Analysis and Recommendations (September 2006), p. 369.
147 Concluding observations of the Committee on the Elimination of Racial Discrimination: Canada, UN Doc. CERD/C/CAN/CO/18, 25 (May 2007), para. 14.
148 Amnesty International, The Long Reach of the Mukhabaraat: Violence and Harassment Against Syrians Abroad and their Relatives Back Home, October 2011 ( MDE 24/057/2011).
149 The Honourable Frank Iacobucci, Q.C., Commissioner, Internal Inquiry into the Actions of Canadian Officials in relation to Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin (October 2008),
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refused to apologize or provide redress for the misconduct of Canadian officials.
There has been a recent further revelation relevant to this issue of unjustified labelling. On 25 October 2011 Abdullah Almalki released an internal Royal Canadian Mounted Police (RCMP) document obtained under Access to Information procedures. The document indicates that on 4 October 2001, the very day that RCMP officers were sharing the inaccurate information with Syrian officials, they recognized that they were “finding it difficult to establish anything on him other than the fact that he is an arab (sic) running around.”150 The revelation is indicative of profiling at the time. The government has not apologized for this and did not respond publicly to the release of this RCMP document to demonstrate that steps have been taken to guard against this happening again.
RECOMMENDATION:
Canada should work with affected communities to develop a Plan of Action, complete with necessary legislative reform, policy development or changes in practices, to ensure that there is no racial, ethnic or religious profiling involved in Canadian national security activities and to counter any perception of profiling.
C. ACCESS TO REMEDIES (ARTICLE 5(A)
The number of individuals who have experienced human rights violations associated with Canadian national security laws and practices continues to grow. These laws and practices disproportionately impact on Muslims, Arabs and South Asians. In many cases, the responsibility, in part, of Canadian officials for those human rights violations has been authoritatively and independently documented.151 Yet, with the sole exception of Maher Arar, Muslim and Arab or South Asian individuals, many of whom are Canadian citizens, who have suffered such violations have received no redress by Canadian officials and have instead been forced to launch protracted and contentious legal proceedings to seek redress.
The numerous ways that Canadian officials contributed to the illegal detention and torture of Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin was documented in the judicial inquiry into their case.152 The government has, however, refused to offer an
p. 400.
150 Almalki 'an Arab running around'; RCMP documents indicate terror case against Ottawa man unfounded, 'racist', Ottawa Citizen, 26 October 2011, p. 1, available at: http://www.ottawacitizen.com/news/Almalki+Arab+running+around/5606164/story.html#ixzz1c6Uf3SaD.
151 Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, Report of the Events Relating to Maher Arar: Analysis and Recommendations (September 2006); Internal Inquiry into the Actions of Canadian Officials in relation to Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin (October 2008).
152 Internal Inquiry into the Actions of Canadian Officials in relation to Abdullah Almalki, Ahmad Abou- Elmaati and Muayyed Nureddin (October 2008).
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apology or compensation. Their lawsuit seeking redress has been active before the courts for more than two years and is still only in early stages. Government lawyers have sought to limit the access that legal counsel for the three men can have to key documents.153
On two occasions the Supreme Court of Canada has concluded that interrogations by Canadian officials conducted of Canadian citizen Omar Khadr, detained in Afghanistan in July 2002 when he was 15 years old and held at Guantánamo Bay since October 2002, violated both international human rights law and the Canadian Charter of Rights and Freedoms and that the violation was continuing.154 The Court’s January 2010 ruling required Canadian action to remedy that continuing violation. At the time of writing, no remedy has yet been provided. Omar Khadr pled guilty in proceedings before a Military Commission at Guantánamo Bay in October 2010 and was sentenced to an agreed eight year prison term. Under the terms of this plea agreement he was required to spend at least one year of his sentence in US custody, which he had completed as of 31 October 2011. He has made an application to be transferred to serve the remainder of his sentence in Canada. The Canadian government has not yet approved that request.
In 2009, the Federal Court of Canada ruled that Canadian intelligence agents were directly or indirectly responsible for the detention of Canadian citizen Abousfian Abdelrazik in Sudan.155 The Court found that Abdelrazik was tortured in Sudanese custody and that, after his release, Canadian government officials blocked his efforts to return to Canada and reunite with his children. While the Court ordered Canada to transport Abdelrazik back to Canada and the government complied with that order, no apology or compensation has since been offered. On 30 November 2011, the UN Security Council Al-Qaida Sanction Committee removed his name from the Al-Qaida Sanctions List “after considering the Comprehensive Report of the Ombudsperson on this de-listing request.”156 Abousfian Abdelrazik’s claim for damages in the Canadian courts remains frozen due to government objections to disclosing documents for national security reasons.
Benamar Benatta is an Algerian citizen who claimed refugee status at the Canadian border on September 5, 2001. Canadian officials detained him to confirm his identity and process his refugee claim. Following the September 11 terrorist attacks in the United States, Canadian border officials branded him as suspicious and in the middle of the night they drove him over the U.S. border and handed him over to the FBI for investigation. He was detained in the U.S. for nearly 5 years, including several months in the notorious Brooklyn Metropolitan Detention Centre, where he was seriously abused. After his release in 2006, he was returned to Canada, where his refugee claim was accepted. Canadian officials have refused to apologize to Benamar Benatta or provide him with any compensation.
153 Attorney General of Canada and Abdullah Almalki et al, 2011 FCA 199, 13 June 2011.
154 Canada (Prime Minister) v. Khadr, [2010] 1 S.C.R. 44, January 29, 2010; Canada (Justice) v. Khadr, [2008] 2 S.C.R. 125, May 23, 2008.
155 Abdelrazik v. Canada (Foreign Affairs), 2009 FC 580, June 4, 2009.
156 Security Council Al-Qaida Sanctions Committee deletes entry of Abu Sufian Al-Salamabi Muhammed Ahmed Abd Al-Razziq from its list, UN Doc. SC/10467, 30 (November 2011).
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RECOMMENDATION:
Canada should appoint an Independent Commissioner to review claims for redress brought by individuals who allege that they have experienced human rights violations associated with national security investigations or activities for which Canadian officials are alleged to have been partially or wholly responsible. The Independent Commissioner should be empowered to make recommendations for appropriate compensation.
D. REVIEW AND OVERSIGHT (ARTICLE 5(A))
Over the course of the past decade, complaints of Canadian wrongdoing in a range of national security cases have mounted. It has become clear that the mechanisms and processes in place for ensuring proper review and oversight of the various law enforcement, security and other government agencies involved in national security investigations and activities are largely ineffective and, in the case of some agencies, virtually nonexistent. For the most part, there has been nowhere for individuals, the overwhelming majority of whom are from Canada’s Muslim, Arab and South Asian communities, to turn to make complaints. Existing bodies lack jurisdiction over the agency in question, have weak powers or are unable to review a case in an integrated fashion examining the role played by a range of government agencies and departments.157 This has contributed to the sense of marginalization and discrimination felt by affected ethno-cultural and religious communities.
When the Canadian government established, in 2004, the Commission of Inquiry that looked into Maher Arar’s case, discussed above, the Terms of Reference tasked the Commissioner with making recommendations for an independent, arm’s-length review mechanism with respect to the RCMP’s national security activities. In December 2006 Commissioner O’Connor released a lengthy report proposing a comprehensive model, with enhanced powers for review of the RCMP, jurisdiction extended to agencies and departments that had not previously been subject to review, mechanisms developed to ensure full integration among review bodies and the establishment of an Integrated National Security Review Coordinating Committee to oversee the entire process.158
Five years after the release of Commissioner O’Connor’s proposed model for comprehensive and integrated review of national security activities, the government has taken no action. There has, to date, been no official response to the proposal. There have been no changes made to any of the existing review bodies and no steps taken to institute review of agencies
157 There is no independent review body, for example, with jurisdiction over the Canadian Border Services Agency (CBSA). CBSA agents frequently play a central role in national security cases that involve refugees, immigrants and other non-citizens. The Commission for Public Complaints against the RCMP lacks powers to compel participation, cooperation or compliance on the part of RCMP officers. Former Chairs of that Commission have spoken out publicly about how ineffectual that body’s powers are. This has included Shirley Heafey, see: Liberals tried to ‘shut me up’, Ottawa Citizen, 30 May 2006; and Paul Kennedy, see: Tories drop RCMP Complaints Commissioner, Toronto Star, 27 November 2009.
158 A New Review Mechanism for the RCMP’s National Security Activities, Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, December 2006.
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or departments currently not subject to independent review.
RECOMMENDATION:
Canada should implement the recommended model for comprehensive and integrated review of agencies and departments involved in national security activities proposed as part of the Commission of Inquiry into the case of Maher Arar.
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www.amnesty.org