Oil Exploitation and Human Rights Violations in Nigeria's Oil Producing Communities

With the wind of economic globalisation blowing across the globe, human rights are currently exposed to violation in great proportions by powers other than the State, including multinational corporations (MNCs). Unfortunately, a lot of States, most especially developing countries, including Nigeria, hardly regulate the activities of the MNCs for several reasons, thus creating a regulatory vacuum. Under these conditions, the existing catalogue of civil, political, social, cultural and economic rights of the people, as expressed in both domestic and international human rights law, are adversely affected by the activities of these MNCs. This book, developed from the author's doctoral/PhD thesis at Ghent University, Belgium critically examines, among others, the various human rights violations and environmental damage associated with oil exploration activities in the oil-producing communities of Nigeria, the international codes of conduct and norms, and the roles and responsibilities of the major MNCs in respect of these violations. Coming at a time when governments worldwide are striving hard to ensure corporate accountability for their activities in their host nations, this work is unique in that it incisively analyses how the national and regional institutions could be strengthened to provide effective protection against human rights abuses and ensure corporate accountability. It discusses in-depth how the human rights concept of environmental protection can be used by victims of environmental harm to promote and achieve environmental justice. The book will, therefore, be of great interest to academics, researchers, legal practitioners, courts, legislators and policymakers, non-governmental organisations (NGOs), human rights activists, multinational corporations and their advisors, oil-rich nations, regional and international institutions, and students in law and other related disciplines.

Table of Contents:
Table of Cases List of Selected Interviewees Introduction Background to the study Importance and Relevance of the Research Aims and Objectives of the Study Research Questions Method3ology Scope and structure of the study Chapter one. History and Development of Oil Exploitation in Nigeria 1.1 The Niger Delta: its geography, people and culture 1.1.1 Niger delta people and population 1.1.2 culture 1.1.3 Occupations 1.1.3.1 primary Occupations 1.1.3.2 secondary Occupations 1.1.4 trade and commerce 1.1.5 Ecology 1.2 a Brief History of Nigerian Oil and gas 1.3 multinational Oil companies Operating in the Niger delta Region 1.3.1 shell petroleum development company 1.3.2 Exxon/Mobil 1.3.3 chevron Nigeria limited 1.3.4 Texaco Overseas (Nigeria) petroleum company unlimited 1.3.5 total Fina Elf 1.3.6 Nigerian Agip Oil company limited 1.4 indigenous Oil and gas companies 1.5 The Evolution of state participation in the Oil industry 1.6 conclusion chapter two. Niger delta People under International law and the Problems of Resource control 2.1 introduction 2.2 status of the Niger delta people in the Nigerian state 2.2.1 definition of minorities 2.2.2 definition of indigenous peoples 2.2.3 assessment of the status of the Niger delta people 2.3 Ownership of Oil in Nigeria 2.4 land Ownership in Nigeria and the land use act (lua) 2.4.1 The land use act and the Niger delta people 2.5 Revenue allocation and Resource control 2.5.1 Revenue-sharing in Historical perspective 2.5.2 distribution of Revenue Resources under the 1999 constitution 2.6 meaning and nature of Resource control 2.6.1 agitation for Resource control in Nigeria 2.6.2 acritical appraisal of the legal Regime of Full Resource control in Nigeria 2.6.3 comparative analysis of Resource control 2.6.4 is Resource control a Viable Option? 2.7 Ownership of indigenous land and natural Resources within the context of international law 2.7.1 international labour Organisation (ILO) conventions (nos. 107 and 169) 2.7.2 African charter on Human and peoples' Rights and indigenous Rights 2.7.3 The convention on Biological diversity (CBD) 2.7.4 The united nations declaration on the Rights of indigenous peoples 2.7.5 international Financial institutions and indigenous peoples 2.7.6 indigenous peoples' Rights in international law and practices of states 2.8 conclusion chapter Three. legal and Institutional Framework for oil operations in Nigeria and the state Responses to environmental Insecurity in the Niger delta 3.1 introduction 3.2 legal Framework of Nigerian laws on Oil and the Environment 3.2.1 criminal code 3.2.2 Harmful Waste (special criminal provisions etc) act 1988 3.2.3 Oil in navigable Waters act 3.2.4 Oil pipelines act 3.2.5 associated gas Re-injection act and the Regulations 3.2.6 petroleum act 1969 and the petroleum (drilling and production) Regulations 3.2.7 national Environmental standards and Regulations Enforcement agency (NESREA) act 3.2.8 national Oil spill detection and Response agency (Establishment) act 2006 3.2.9 Environmental impact assessment decree 1992 3.2.10 petroleum industry Bill 3.2.11 Biodiversity laws 3.3 common law 3.4 transnational corporations and international Environmental standards in the Oil industry 3.5 challenges to Effective Regulation of the Environmental practices of transnational Oil corporations in Nigeria 3.6 institutional Frameworks for Niger delta development 3.6.1 The Niger delta development Board (NDDB) 3.6.2 Niger delta Basin development authority (NDBDA) 3.6.3 Oil mineral producing areas development commission (OMPADEC) 3.6.4 Niger delta development commission (NDDC) 3.6.5 The development of Niger delta Regional development master plan 3.6.6 consolidated council on social and Economic development of coastal states of the Niger delta (COSEND) 3.6.7 Niger delta peace and conflict Resolution committee 3.6.8 technical committee on the Niger delta 3.6.9 ministry of Niger delta 3.6.10 presidential panel on amnesty and disarmament of militants in the Niger delta 3.7 How effective are the Niger delta development initiatives in addressing the Environmental and Human Rights challenges? 3.8 conclusion chapter Four. Niger delta, environmental degradation and Human Rights 4.1 introduction 4.2 The Relationship between Environmental degradation and Human Rights 4.2.1 Regional instruments 4.3 constitutional Recognition of Environmental Rights in Nigeria 4.4 categories of Human Rights Vulnerable to the activities of Oil multinational companies 4.4.1 Right to life 4.4.2 The Right to Health 4.4.3 The Right to Food 4.4.4 The Right to Water 4.4.5 Right to culture 4.4.6 Right to property and to Housing 4.4.7 Right to Respect for One's private life and Home 4.4.8 Right to dignity of the Human person 4.4.9 The Right to information 4.4.10 The Right to participation 4.5 state Responsibilities for acts of non-state actors 4.5.1 Host state control 4.5.2 Home state control 4.6 The Responsibility of non-state actors 4.7 some Voluntary codes of conduct 4.7.1 ILO tripartite declaration of principles 4.7.2 Organization for Economic co-operation and development (OECD)guidelines for multinational Enterprises 4.7.3 unglobal compact 4.7.4 norms on Responsibilities of transnational corporations and Other Business Enterprises with Regard to Human Rights 4.7.4.1 Ruggie's position 4.7.5 The Voluntary principles on security and Human Rights (Vps) 4.8 The place of Voluntary codes of conduct in Regulating the activities of MNCS 4.9 need for a legally Binding instrument for corporate Environmental accountability 4.10 U.S. transnational Human Rights litigation 4.10.1 Atca and the protection of Environment 4.10.2 Elements Required for an Environmental claim under atca 4.10.3 Atca Environmental Jurisprudence 4.10.3.1 Amlon Metals Inc. v. FMC Corp. 4.10.3.2 Jota v. Texaco, Inc. and Aguinda v. Texaco, Inc. 4.10.3.3 Sarei v. Rio Tinto PLC 4.10.3.4 Beanal v. Freeport-McMoran 4.10.3.5 Flores v. Southern Peru Copper 4.10.4 pursuing Environmental claims under atca: the Niger deltapeople 4.10.4.1 Kiobel v. Royal Dutch Petroleum 4.10.4.2 Bowoto v. Chevron Texaco 4.10.4.3 Wiwa et al v. Royal Dutch Petroleum et al 4.10.5 Various procedural Hurdles in atcalitigation 4.10.6 significance of atca in Environmental and Human Rights claims to the Niger delta people 4.11 action against mncs in Other Jurisdictions 4.12 Human Rights approach to Environmental protection 4.13 attempts by some Jurisdictions to Enact laws to Regulate mncs 4.14 conclusion chapter Five. oil and corruption in the Niger delta, Nigeria: the Human Rights Implications 5.1 introduction 5.2 meaning of corruption 5.3 impact of corruption in the Oil sector on Human Rights in Nigeria 5.4 Role of the international community in combating corruption in Nigeria 5.5 Nigeria's Efforts at Fighting corruption 5.5.1 The Economic and Financial crimes commission (EFcc) and the independent corrupt practices and Other Related Offences commission (icpc) 5.5.2 Extractive industries transparency initiative (Eiti) 5.5.3 The united nations convention against corruption (uncac) 5.5.4 The african union (au) anti-corruption convention 5.6 criticisms of Eiti and the prospects of combating corruption in Nigeria 5.7 conclusion chapter six. strengthening the national and Regional Institutions to Address Human Rights concerns in the Niger delta Region 6.1 introduction 6.1 access to Justice as a panacea to the Niger delta crisis 6.1.1 access to Judicial Redress for Environmental grievances 6.1.2 Right to information 6.1.3 participation in decision-making 6.1.3.1 public participation, Recognition and Environmental Justice in the Niger delta 6.1.3.2 Environmental impact assessment (Eia) in the Niger delta Region 6.1.3.3 constraints to public participation 6.1.3.4 Justifying the Niger delta communities involvement in Environmental matters . 395 6.2 strengthening domestic Environmental adjudication in Nigeria 6.2.1 Reflections on Environmental Human Rights litigation Originating from the Niger delta 6.2.2 using the Human Rights approach to solving Oil-Related litigation in the Niger delta 6.2.2.1 liberal and creative interpretation by courts 6.2.2.2 implementation of international Environmental law treaties 6.2.2.3 accessibility of courts to the people 6.2.2.4 legal aid and Victims of Environmental Harm 6.2.2.5 addressing the delay in Justice system 6.2.2.6 Relaxing the Locus Standi Rule (standing to sue) 6.2.2.7 Recognition of class action suits 6.2.2.8 Establishment of special national Environmental courts 6.2.2.9 Building a strong and Virile Judiciary 6.3 The national Human Rights commission and the promotion of Human Rights in the Niger delta 6.3.1 introduction 6.3.2 challenges Facing the nHRc from discharging its Human Rights Obligations 6.3.3 nHRc: protecting the Human Rights of the Niger delta people 6.3.3.1 accessibility 6.3.3.2 monitoring Role 6.3.3.3 independence 6.3.3.4 appropriate policy 6.3.3.5 Enforcement of nHRc Recommendations through th ecourt 6.3.3.6 advocacy Role 6.3.3.7 Effective partnership 6.4 The Role of ngOs in the protection of the Rights of the Niger delta people 6.4.1 introduction 6.4.2 Regulating the Oil mncs in the Niger delta: the Roles of the ngOs 6.4.2.1 ngOs as Watchdog and Whistle-Blower 6.4.2.2 ngOs as Experts and lobbyists 6.4.2.3 public awareness of Environmental issues 6.4.2.4 ngOs as Enforcers 6.4.3 strengthening the Environmental and Human Rights ngOs for Effective performance 6.5 The african commission, african court on Human and peoples' Rights, african court of Justice and the Environment: the case of the Niger delta people in Nigeria 6.5.1 introduction 6.5.2 status of the african charter act vis-a-vis the Nigerian constitution 6.5.3 Jurisprudence of the african commission on socio-Economic Rights and Environment 6.5.4 application of the Jurisprudence of african commission on socio-Economic Rights and Environment by Nigerian courts . 454 6.5.5 Benefits of the application of the african commission Jurisprudence by Nigerian courts 6.5.6 The african court on Human and peoples' Rights 6.5.7 The african court of Justice and Human Rights 6.6 conclusion chapter seven. general conclusions 7.1 Overview 7.2 directions for Future Research 7.3 implications of the Research for legislation, policy and practice 7.4 limitations of the Research 7.5 concluding Remarks Selected Bibliography Appendix

About the Author :
Dr. Olubayo Oluduro is a Senior Lecturer in Law at the Adekunle Ajasin University, Akungba-Akoko, Ondo State, Nigeria. Formerly, he was the Acting Dean of the Faculty of Law, Adekunle Ajasin University from 2006-2008. He was called to the Nigerian Bar in 1996. He holds a Bachelor of Laws degree (LL.B ) (Lagos); Master of Laws (LL.M) (Lagos); Master of Philosophy (Law) (M. Phil.) (OAU); PhD (Ghent); Master of Business Administration (MBA) (Ado-Ekiti); ACIArb. (UK); Certificate in Mediation and other Methods to Foster Democratic Dialogue (CEU); Certificate in Teaching Law, Human Rights and Ethics (CEU). He has published extensively both in local and international refereed journals and has consulted widely on environmental and human rights issues.