POLLUTION: Ogoni on the brink of extinction


3 September, 2011, Sweetcrude, Lagos - The United Nations Environment Programme, UNEP, recent report on, Environmental Assessment of Oginiland, has exonerated Sweetcrude devotion of two of its monthly magazine on the operational recklessness and flagrant disregard for global best practices and domestic regulations with a view to health protection and environment preservation.

After the publication of the Poor environment response scheme in Nigeria’s oil and gas industry… Ogoni as a metaphor, the immediate response of Shell, which was, and still is the protagonist in the issue was to bar this writer from any if its functions and cutting off correspondence with her to prevent further “bad reports” on the issue.

The findings of the UNEP Report are as alarming as they were damning. Many describe the situation as “probably the worse in the world” and wonder if remediation as prescribed can actually restore the ecosystem of Ogoniland. Clara Nwachukwu, assesses how regulatory negligence and the quest for petro-dollars have put a whole tribe at the risk of extinction.

Thirty years from now, rather than the rapid development that will lead to better standard of living children born in Ogoni land, in Rivers State, South south Nigeria, are now beneficiaries of massive environmental degradation and health hazards be quitted to them as part of the fall out of oil and gas operations in their land.

The Niger Delta struggle arose from agitations to have greater share of oil and gas wealth, in view of the failure of the Federal Government and oil companies operating in the oil-rich region to match development pace with the quantum of wealth derived from the natural resource exploited daily from the region.
Instead of the resource control they sought for, and for which their some of forebears lost their lives to, the people of Ogoniland will live in perpetual fear for the next 30 years or until the hydrocarbon pollution has been cleaned up and the environment restored.

To paint the picture clearer, Odilim Enwegbara in a recent newspaper commentary noted, “The long exposure to benzene has been causing some irreparable oracular, neurological and dermal damage as well as respiratory and reproductive defects among the people.” These, he asserted lead to “infertility in women and low sperm count in men, genetic abnormalities (DNA corrosion), retardation in brain development in children and cancer.”

As the oil companies came in droves cart away petro-dollars, the people are deprived or their means of livelihood, no more fishes in the rivers, no land to farm, even drinking water is no for life but for diseases and eventual death. “… The environmental and public health impacts of oil contamination in Ogoniland is one of the most complex on-the ground assessments ever undertaken by UNEP,” the UN said.

It has been boos and cheers for the UNEP Report depending on the assessor. While for the oil companies the report has provided a comprehensive guide for cleanup and remediation, for independent analysts, the greater of the health impacts were deliberately understated in order not to hurt those who contracted it.

Notwithstanding its shortcomings the report was quite extensive, apportioning blame to whom it is due, notably government and its agencies, the Shell Petroleum Development Company, SPDC, and the communities as well making recommendations on the way forward.

But Shell and the Nigerian National Petroleum Corporation, NNPC the majority equity holder in the Shell Joint Venture operations, said, now was not the time for finger-pointing or apportioning blames, as the most important thing is to galvanise into action and salvage the situation.

Major findings

Different levels pollution and contamination not limited to those below were discovered in various communities in the area:
• Oil contamination in Ogoniland is widespread and severely impacting many component of the environment.
• The soil contamination exceeds Nigerian national standards, as set out in the Environmental Guidelines and Standards for the Petroleum Industries in Nigeria (EGASPIN).
• An 8 cm layer of refined oil was observed floating on the groundwater which serves the community wells.
• Oil pollution in many intended creeks has left mangroves denuded of leaves and stems, leaving roots coated in a bitumen-like substance sometimes 1 cm or more thick.
• Any crops in areas directly impacted by oil spills will be damaged and root crops, such as cassava, will become unusable.
• The fisheries sector is suffering due to the destruction of fish habitat in the mangroves and highly persistent contamination of many of the creeks, making them unsuitable for fishing.
• Where a number of entrepreneurs had set up fish farms in or close to the creeks, their businesses have been ruined by an ever- present layer of floating oil.
• The wetlands around, Ogoniland area highly degraded and facing disintegration.
• Most members of the current Ogoniland community have lived with chronic oil pollution throughout their lives.
• Drinking contaminated with benzene, a known carcinogen, at levels over 900 times above the World Health Organisation (WHO) guideline.
• Approximately 10%t of detected benzene concentration in Ogoniland were higher than the concentrations WHO and the United States Environmental Protection Agency (USEPA) report as corresponding to a 1 in 10,000 cancer risk.

Factors leading to pollution
According to the report, a combination of issues, including institutional weaknesses and operational negligence led to the current state of pollution in Ogoniland. “Industry best practices and SPDC’s own procedures have not been applied, creating public safety issues,” it noted.
Again, Shell argued that Ogoni cannot be used as a yardstick for measuring its style of operations, as “all our processes, procedures in terms of environmental business or otherwise are subject to constant review and improvements,” Tony Okonedo, a spokesman for the group told Sweetcrude.
Emergency
In view of the gravity and severity of the pollution, UNEP noted that issues listed below called for urgent attention:
* Ensure that all drinking water wells where hydrocarbons were detected are marked and that people are informed of the danger.
* Provide adequate sources of drinking water to those households whose drinking water supply is impacted.
* People in Nissioken Ogale who have been consuming water with benzene over 900 times the WHO guideline are recorded on a medical registry and their health status assessed and followed up.
* Initiate a survey of all drinking water wells around those wells where hydrocarbons were observed and arrange measures (1-3) as appropriate based on the results.
*Post signs around all the state identified as having contamination exceeding intervention values warning the communi9ty not to walk through or engage in any other activities at these sites.
*Post signs in areas where hydrocarbons were observed on surface water warning people not to fish, swim or berth in these areas.
* Inform all families whose main water samples tested possible for hydrocarbons and advise them not to consume the water and
*Mount a public awareness campaign to warn the individuals who are undertaking artisanal refining that such activities are damaging their health.

Presidential committee
But since the release of the report on August 4, only a Presidential Inter-ministerial Committee has been set up to look into the report and its recommendations.
Although the committee, headed by the Minister of Petroleum Resources, Mrs. Diezani Alison Madueke, was given two weeks from August 17, to submit its recommendations to the Presidency, but the festive period to mark the end of the Muslim Ramadan season must have affected the committee’s work, as the committee could not meet the deadline.
According to Dr. Levi Ajuonuma, a spokesman for the NNPC, “Details (of the committee’s work) will become clearer from Monday (yesterday).”

However, Chief executives of major international oil companies, IOCs met in Abuja, at the NNPC Towers at the instance of the Group Managing Director, NNPC, Mr. Austen Oniwon, to chart ways of dealing with the Ogoni land pollution. The meeting came exactly one week after the inauguration of the Presidential Committee.

The meeting, which held behind closed door took off about 5pm and went on till 10pm. In attendance were the Shell JV partners, notably, the Country Chairman, Shell Companies in Nigeria, Mr. Mutiu Sumonu, as well as his counterparts from France’s Total and Italy’s Eni-Agip, Mr. Guy Maurice and Mr. Cirio Antonio Pagano, respectively.
Sumonu, who exchanged pleasantry with Sweetcrude, did not however, wish to comment on the outcome of the meeting, which industry analysts believe will determine how far Federal Government is willing to go in ensuring cleaner operations in oil and gas activities in Nigeria.

The IOC chiefs were expected to submit their observations and recommendations to the minister, who in turn, will submit same to the Presidency. Thereafter, recommendations were expected to be made public for onward action and remediation.

However, representatives of the NNPC, Shell and the Environment rights group, Environmental Rights Action/Friend of Environment Nigeria, ERA/FoEN expressed their opinions on some of the issues raised:
NNPC

Understatement of the severity gravity of pollution – The United Nations is an independent body and Shell was not indicted as much as it should. You know that the opposite is true. For now government has responded by setting up a very high powered inter-ministerial committee headed by the Minister of Petroleum Resources, Diezani Alison-Madueke. Government will wait for the report of this inter-ministerial committee, which is working very hard to come up with their own report. So the UNEP report does not lack credibility, Nigeria and the international community has accepted their discoveries, and there was is no any under hand in the recommendations.
Apology by government/Shell – “Let us not jump the gun, let us give government the benefit of the doubt, and remember this report was presented to the government and it was a voluminous report, and the president has set up an inter-ministerial committee to study the report, so the question of apology or not should wait until government officially comments on it. Government is taking the report very seriously; remember the No 1 citizen of this country is from the Niger Delta, so there will be responses that Nigerians will be very happy with when the committee submits its report, and government begins to implement the recommendations of the report.

NNPC’s negligence – NNPC is part of the industry and we are ensuring that our response to the pollution is in tandem with what government wants us to do. One thing you should know is that government is interested in the clean up, and NNPC as an agent of government is interested in cleaning up also. So all hands are on deck to fashion out very suitable response, to a very serious environmental issue, so whatever role anybody is supposed to play, everybody is interested in playing it. The GMD of NNPC is providing the needed leadership to galvanise the industry response and that response the GMD will announce in addition to what the inter-ministerial committee to bring about a holistic solution to the problem.

UNEP-induced response – It is an unfortunate thing, you and I know that what has transpired, for example What made it impossible for Shell to leave Ogoni land in the last 15 years. You know the crises that made it impossible for even PPMC to have access to the area. Lack of access had resulted in loss of confidence and people not allowing repairs and remediation to go on for a very long time. But be that as it may, now government is determined to make good the situation and let us give government the benefit of the doubt. This is not the time to apportion blames, but the time for action, and with the leadership Mr president is providing, the industry will provide the action that will restore Ogoni to its former glory.

Lack of oversight over JV partners – Like I said, it is not time to apportion blame; we will restore the glory of Ogoni land. Laying blames will not help, let us move with instructions to do everything within the ambit of the industry to restore the glory of Ogoni land and we will do it.

Restoration Fund – The fund is a guide, what the report recommended is a guide, you and I know that nothing is cast on stone, it might cost less or cost more, but the amount is a guide, which we will follow in taking various remedial steps to clean up the environment, as nobody is saying it must be $1billion. What is important is that government is determined to clean up Ogoni land and restore the environment.

Shell
Court case – Of the several spills in Ogoni land we admitted responsibility for two of the spills in Obodo, this means that we are not responsible for all the spills in Ogoni land. With regard to the litigations in the British court, the case is still at the preliminary stage and no judgment has been awarded for or against Shell.
Damages of $410m – It is premature to talk about paying damages since the case is still on. Our focus for now is to support a cleanup process, which is what we are doing.

UNEP Report – We consider it a good road map going forward. It’s not an SPDC report but one commissioned by the Federal Government. Judging from the responses, one would think we are the only operator in Ogoni land, and we have not been treated fairly in the matter. The report now provides us a good framework for development, reconciliation and cleanup of spills in the area.

Preparedness for cleanup – we are ready to play our part, NNPC and DPR the industry regulators are the chief guide, and we are ready to follow their lead in collaboration with other stakeholders including government to bring about the desired result.

Operating standard – It is too early to start to take a position on specifics. We are now doing a thorough review of the report internally because we are interested in ensuring that our collective objectives as a company are met. Besides, occurrences in Ogoni lnd are not typical of SPDC operations because we’ve been out of there for 16 years. And we have not had access to secure either our facilities, cleanup the spills or do remediation. Remember the circumstances that led to our impromptu departure – violence, threats to our facilities, our people and our operations.

Long period of remediation – The way forward will come from the leadership, in this case, government and regulators, and we will see some sort of initiative from government as to the way forward.
Industry response – While being the industry leader, we are not perfect and our environmental operations are always under review with a view to improvement. As such, all our processes, procedures in terms of environmental business or otherwise are subject to constant review and improvements. Our approach is that any finger-pointing or blame laying is not going to help at this point but for all stakeholders to do the right thing and bring about the desired results.

DPR
Assessment of report – If only we (the nation) and more especially the oil and gas sector can do away with politics in this area that affects the very existence of Nigeria, we would records far more gains. The report and study, if one is to call it such, is quite lopsided in terms of the study make up.

DPR’s involvement – How can such a study have been done without the full participation of the DPR? That is the politics I refer to. No one can fault the technical powerhouse of the DPR.

Shell operations – Such insincerity of SPDC really tells a lot of the way they operate in Nigeria. They were very willing to dish out the fee paid for this report. We (the country represented by the DPR), have asked severally for such support to carry out similar programs in the past, with no result. They would rather pay for this study rather than allocate funds to remediate and carry out their operations in an environmentally sound way.

Implementation of recommendations – It is so easy to make recommendations like as been done in the past but implementation is what i worry about. If simple things like the environmental monitoring of their (oil operators) operations are carried out, the country would not be in the position it finds itself now. The operating companies are driven by profit and their focus is on dollars and cents. We as regulators do our best to remind them of the need and indeed of the possibility of sustainable operations, but it is only when there is pressure from the international community that any attention is paid to our plea. Like is the case now.

Depth of Report – Suddenly, after over 60 years in oil business in Nigeria, we want to talk about oil impact. What we see is what it is and more as there are many areas not yet exposed. We have seen this ploy played out several times and on it goes until the next news takes center stage. The world plays on the mono economic stand of our resource and so our hands are tied.

Multiple regulations – This is not new to any industry. We can only plead that extant laws and regulations are referenced before new agencies are created to forestall the kind of confusion and waste of resources experienced now. Why do a job 5 times over when efforts can be coordinated and streamlined to produce the results sought. Nonetheless, every agency has its expertise and that shouldn’t be discounted for the sake of politics.

Naming and shaming – Shout and tell may well be the only option going forward as we see a deliberate attempt to frustrate and take for granted the country’s efforts and goodwill.

ERA/FoE
Responsibility for pollution – Playing on words and misrepresentation of facts will get Shell nowhere. Clearly, the UNEP report documents Shell as being responsible for the pollution of the environment in Ogoniland and we will not be wrong to say that pollution in other parts of Niger Delta where the company operates can also be blamed on the company’s ill-maintained facilities. As you very well know,

Severity of pollution – UNEP said benzene, a known carcinogen, was found in drinking water in Ogoniland at a level 900 times above WHO standards. Similarly, it discovered hydrocarbons at levels 1000 times above Nigerian drinking water standards in Ogoniland. We have said that though the UNEP report is commendable, a comprehensive environmental audit of the entire Niger Delta where oil extraction activities are carried out should be embarked upon. The Bodo incident indicates that, not only Ogoniland suffers the pollution inflicted on the environment by Shell. There are several communities in Delta, Bayelsa and Rivers that have suffered and still suffer from oil spills that ravage their rivers, farmlands and immediate environment of habitation.

$410million worth damages – Realistically speaking, you cannot quantify the cost of Shell’s environmental recklessness on the lives of the people. While we do not know what measurables the analysts used to arrive at that figure, we can say it is a laudable first step. But like I stated earlier, you cannot really replace the ecological onslaught on water bodies, the health impacts and dislocation that the company’s operations have caused and which is still ongoing till this day. You must not forget that the UNEP documented that fisheries have been destroyed and that wetlands around Ogoniland are highly degraded and facing degradation. These combined, have led to irreparable loss of livelihoods and will take 30 years to remediate.

UNEP Report – ERA as an organisation welcomes the UNEP report as a first step towards confronting the challenges confronting the Ogoni people because we now have an expose that was far beyond imagination. The report confirmed what the late Ken Saro Wiwa described as grave injustice inflicted on his land for which he and others paid the supreme price. However, the report also exposes the hypocrisy of the Nigerian regulatory agencies that have consistently failed to sanction Shell when glaring breach of the environmental laws were observed. It is even a double tragedy when we recall that last year government officials not only quoted wrong figures of spills, but also went ahead to state that oil spills have been cleaned up and remediation carried out in many parts of the Niger Delta. The challenge before us now is how the government will compel Shell to embark on the 30-year cleanup when its regulatory agencies cannot adequately verify spills, cleanups or sanction erring oil firms. Like we had stated before now, the Federal Government must as a responsibility to the Ogoni people declare the area and indeed the entire Niger Delta a disaster zone.

ERA/FoEN community programmes – We must start with what ERA has been doing before now. As an organization, our staff are all field monitors and regularly visit impacted communities across the country to document environmental ravages as well as gather testimonies from community people impacted by such incidents. We regularly organise environmental monitoring trainings and town hall meetings where community people are sensitized on dangers to their environment and appropriate non-violent response. Because of this, we have earned the trust of the locals so that whenever there are incidents the kind of which we are talking about, the people alert us either through sms or phone calls. We have been doing this in the Niger Delta for years and you can find our reports on our website www.eraction.org . As regards the outcome of the UNEP investigation, we are in synergy with community-based groups in Ogoni that have called on the government to guarantee genuine community representation in the proposed Ogoniland Environmental Restoration Authority to forestall any attempt by Shell to dodge responsibility. The issue of pipeline security which you talked of, must be done in concert with the communities, not unscrupulous contractors interested in getting more money by creating a false sense of insecurity around the pipes. Irrespective of all that have been said about pipeline incidents, ill-maintained facilities by Shell and the other oil companies in the Niger Delta can be blamed on most of the incidents.

Going forward
Opinions are as varied as the respondents, but the more concern is on how soon government and the JV partners will swing into action, as opposed to politicizing the issue. Many analysts compare the timeline for restoration with the Gulf of Mexico, GoM oil spill
Events GoM Ogoniland
Spill April 20, 2010 1950s & above
Responsibility/Apology BP takes responsibility, None yet
apologises soon after
Cleanup Fund $21.3bn $1bn recommended
Compensation Fund $20bn None recommended
Affected people 195,000 Over 5million
Remediation period less than one year 30 years

In view of the scenario above, analysts envision that the 30 year timeline recommended for remediation may take forever, given that no action has commenced even in the face of emergency intervention.