Category Archives: marine pollution

Bay of Bengal: ports against fishing

Strait_of_Malacca. Image from wikipedia

Bangladesh’s Chittagong, has... become a bottleneck. The Bangladeshis are modernising it... China is putting $200m towards upgrading the airport at Cox’s Bazar, the country’s southernmost tip, to attract investment and tourists.

Myanmar’s ...new government, keen for foreign inflows to help rebuild the economy, has been approving projects that sat idle for years. Sittwe is one, but it looks small compared with the Dawei project on Myanmar’s Tenasserim coast... a deepwater port, industrial zone and highways to connect it with distant Bangkok, estimated to cost $8.5 billion.Thailand’s rulers dabbled for centuries with the idea of building a canal across the Kra isthmus, which would link their own gulf directly to the Andaman Sea and save days of costly shipping through the Strait of Malacca. Dawei should do the trick.... The Japanese are taking advantage of Myanmar’s opening to build a riverine port called Thilawa, south of Yangon.

The Chinese are exploring ways round their own Malacca-strait dilemma. They have been building new oil and gas pipelines across the whole of Myanmar starting from a new port-terminal at Kyaukphyu, near Sittwe....China’s activity in the Bay of Bengal is purely “defensive” [some say] but Indians versed in the “string of pearls” theory, which sees Chinese-built ports encircling India, will not be much comforted.

Amid the sometimes airy speculation, it is relatively easy to predict the effects on the repurposed waters of the bay. Yugraj Yadava, the director of an environmental watchdog in Chennai, says increased shipping is already eroding traditional livelihoods and polluting the sea. About 31% of the world’s coastal fishermen live and work on the Bay of Bengal, and they stand to lose huge tracts to the port-builders (and to rising sea levels, too). Mr Yadava says the bay still has some of the world’s healthiest natural fisheries, but they are under threat, not least from non-native species that stow away in long-haulers’ ballast.

Collisions between fishing vessels and commercial ships are becoming more frequent, as are snagged nets. All this will probably accelerate in the next few years. Before the Bay of Bengal falls victim to its new-found popularity, it might be good if some of its beneficiaries were to build a transnational maritime authority, to limit the damage.

Excerpts, The Bay of Bengal: New bay dawning, Economist,Apr. 27, 2013, at 40

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Greening the Shipping Industry

ballast water

The shipping industry faces the cost of complying with a deluge of new rules(issued by the International Maritime Organisation (IMO)). To make matters worse, it is in the middle of a slump caused by too many ships chasing too little trade.  As the deadlines for all these rules approach, shipping bosses are firing off distress flares. Masamichi Morooka, chairman of the International Chamber of Shipping (ICS), a lobby group, lamented on March 19th that the cost could run into “hundreds of billions” of dollars. He begged regulators to take into account the dire state of shipping

One of the first big expenses will be for cleaner fuel. Ships used to burn the cheap, unrefined crud, laden with sulphur and other nasties, that is left over when oil is refined. The fine soot that such fuel gives off can cause premature deaths from asthma and heart attacks. So in 2005 the IMO started to limit the sulphur content of maritime fuel, especially in “emission-control areas” along heavily populated coasts in North America and Europe. These limits are set to be tightened drastically,  Such fuels currently cost about 50% more than unrefined “residual” grades...

Shipping firms are also under pressure to cut their emissions of carbon dioxide and other greenhouse gases. The IMO reckons that ships cause about 2.7% of total man-made emissions, a bit more than planes but a lot less than cars and trucks. Under a convention it has brought into force this year, ships will have to introduce fuel-economy measures with the aim of reducing their emissions by 20% by 2020 and 50% by 2050....

The IMO is also pressing on with planned new rules on cleaning up ships’ ballast water. These may come into effect this year, once enough national governments have signed up for them. A study last year in the Journal of Marine Engineering and Technology* reckoned that around 60,000 ships worldwide would need refitting with one or more cleansing units, costing up to $1.7m each. In that case, shipping firms could be whacked with a bill of the order of $50 billion...

New proposals to make shipping greener, and push it further into the red, keep popping up. This week the European Parliament’s environment committee backed proposals for recycling levies on vessels calling at EU ports. This would pay for safer scrapping of old ships, which can contain asbestos and other toxic materials....

At a conference in Athens recently John Platsidakis, a Greek shipping boss who chairs an association of bulk-cargo operators, grumbled: “We carry 90% of world trade and we emit only 2.7% of the CO2 but still we are treated as if we are acting with indifference to the environment.”...[A]irlines, for example, have lobbied more shrewdly than shipping firms. But then again, the shipping industry is bigger and more fragmented than aviation, making it harder for it to present a united front. Many small, family-owned shipping firms have publicity-shy bosses and lack the sophisticated public-relations machines that giant firms deploy....[T]he ICS seeks to represent the entire global merchant-shipping fleet with just 20 people. The industry’s sluggish lobbying has meant that rules get passed before it has a chance to object to them. And once they are passed, it is much harder to get them changed.

The shipping industry: Sinking under a big green wave, Economist, Mar. 30, 2013, at 69

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The Price for Shipping Minerals: life

Harita Bauxite IMO 8103664

A dark underbelly exists in Indonesia’s thriving trade with China. Since late 2010 five ships loaded with Indonesian minerals have sunk when bound for China, with huge loss of life. Little has been done to break the deadly trend. Indeed, plenty of interests have an incentive to hush it up. The latest ship to founder is the Harita Bauxite, a bulk carrier which sank on February 17th near the Philippines. Of its 24 crew, who were all or mainly from Myanmar, ten were rescued, one of whom later died. Fourteen were still missing when the search was called off two weeks later.

The vessel is thought to have been carrying nickel ore, a potentially deadly cargo, loaded on Obi island in the remote Indonesian province of Muluku and destined for China’s steel mills. In terms of the global bulk trade, shipments of nickel ore from Indonesia to China are tiny: just 2m-3m tonnes out of more than 4 billion tonnes of bulk goods carried each year on over 9,000 vessels. Yet this backwater trade accounted for four of the 20 bulk freighters lost worldwide during 2010-11, and for 66 of 82 deaths, according to Intercargo, an association of ship owners.

ll four ships were found to have sunk because the cargo had liquefied. Nickel ore is dangerous because if it gets too wet, the fine, claylike particles that are often present in the ore turn the cargo to a liquid gloop that sloshes about the holds with such momentum that even a giant ship can capsize. The four ships had loaded during Indonesia’s rainy season. The ore is typically stockpiled in the open. Quite how the Harita Bauxite foundered is not yet clear, but if liquefaction was a factor, as many in the shipping industry suspect, it will have been another entirely avoidable tragedy.

Preventing liquefaction should be fairly simple. It involves checking the moisture content of susceptible commodities. If they are too wet, a surveyor will deem the cargo unsafe and not to be loaded. Time and again in Indonesia, checks have been inadequate. With the bulk-shipping business in the doldrums, the profitable nickel trade is a siren call for ship owners and charterers. Indonesia’s ministers and mandarins in Jakarta, the capital, refuse to comment on the tragedies and have done little to tighten policing at faraway ports in Sulawesi, Muluku and Papua.

Ship captains report intimidation by miners and agents if they refuse to accept cargo. A leading marine insurer says the ports’ remoteness makes it hard to sample cargoes reliably. Local officials turn a blind eye to unsafe practices. Peter Lundahl Rasmussen at Bimco, a maritime association, says surveyors trying to do their job have been assaulted or arrested.

With insurance claims mounting, shipping bodies and insurers have issued plenty of instructions about how to load nickel ore safely, especially in Indonesia. The International Maritime Organisation (IMO), the UN agency responsible for shipping safety, is also taking steps to tighten the regulations for commodities that can suffer liquefaction.

But the IMO’s process is a glacial one, and the new rules will not clear its various committees and be promulgated until at least 2015. Even then, the organisation relies on its members to enforce regulations. In Indonesia, in other words, the impact of tighter rules may be minimal. Moreover, existing and planned legislation covers ore depots and the ports, but not the transit between the two, where rain may do its dangerous work. Steve Cameron at RTI, a risk consultancy, argues that it would be more effective if mining companies faced charges of corporate manslaughter for not ensuring that their ore reaches ships in good condition.

Shipping: Deadly Trade, Economist, Mar. 23, 2013, at 46.

 

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Hazardous Waste in the Pacific Islands

Vunato rubbish dump Fiji.  Phote from Fiji Times online

EnvironmentT Minister Colonel Samuela Saumatua highlighted at a regional workshop that waste management is one of the biggest challenges facing Pacific Island countries today.  He said growing volumes of solid and hazardous waste had become a major threat to the environment.  "Globalisation is accelerating with increasing urbanisation, migration and participation in international trade," Col. Saumatua said.  This is resulting in an escalation of solid and liquid wastes, more shipping and land transport and more infrastructure and industry throughout the region, all of which increase the risk of land, coastal and marine pollution from waste."  He said the lack of controls on imported goods, with the lack of capacity to manage waste threatened to undermine the quality and health of vulnerable island ecosystems on which Pacific Islands depended.

Ana Madigibuli, Hazardous waste rises,Fiji Times Online, Mar. 8, 2013

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Crying over Spilled Oil is Useful; BP Deepwater Horizon

An oil containment boom deployed by the U.S. Navy surrounds New Harbor Island, Louisiana.  Image from wikipedia

After the Deepwater Horizon oil rig exploded in 2010, killing 11 workers and spewing a lake of oil into the Gulf of Mexico, BP knew it would be punished severely. So far, the British oil firm has set aside $42 billion to pay fines, compensate victims and clean up the mess. Of this, some $36 billion has already been paid out or earmarked. America has also temporarily barred the company from bidding for federal contracts.

In all, BP has shelled out $14 billion to stop the spill and restore the coast to the way it was. It has paid out or earmarked $17.5 billion to compensate individuals and small businesses, plus another $4 billion to settle criminal charges with the Department of Justice. It has also set aside $3.5 billion to pay penalties for oil leaks under America’s Clean Water Act.  These have yet to be determined. A civil trial, set to begin on February 25th in New Orleans, will apportion blame for the accident, determine how much oil gushed out and apply financial penalties. The federal government is demanding $21 billion in compensation for spilt oil. To get that much, it must prove BP was “grossly negligent”. It must also persuade the court to accept its estimate of the size of the leak, rather than

As if that were not enough, BP’s annual results, released on February 5th, harboured another nasty surprise. Tucked away on page 42 were details of hefty new claims against the oil giant. Alabama, Mississippi, Florida and Louisiana are demanding $34 billion for economic losses and property damage. These mainly relate to tax revenues allegedly lost as a result of disruptions to businesses, says BP.  The oil giant knew that a bill was in the post: a three-year statute of limitations will soon expire. However, it was not expecting the bill to be so big. BP disputes the way the sum has been calculated and is ready to fight the claims in court. It reckons that the states will have a tough job substantiating their calculations of forgone taxes.

Both claims seem likely to be settled out of court...BP would far rather end the matter quickly and get on with its business. The uncertainty over the final bill is weighing down its share price. And its sheer size is daunting. If all the claims against it are upheld, BP’s total bill will amount to $90 billion or so. By way of comparison, Saddam Hussein’s Iraq was ordered to pay reparations of $52 billion ($88 billion in today’s money) for invading Kuwait.

One reason why a settlement has proved elusive is that the case is so complex. It involves three pieces of legislation and several layers of federal, state and local government with precious little co-ordination between them. For example, BP notes that 11 tiny Louisiana parishes have made a separate claim for damage to local wildlife. BP’s woes are not over.

The Deepwater Horizon disaster: Spills and bills, Economist, Feb. 9, 2013, at 66

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Dividing the Arctic

Hans Island (dispute between Denmark and Canada).  Image from wikipedia

Singapore has applied for permanent observer status at the Arctic Council. This is made up of the eight states that have territory within the Arctic circle: the United States, Canada, Denmark (representing Greenland and the Faroes), Finland, Iceland, Norway, Russia and Sweden. But Singapore sits at the equator, as far from either pole as it is possible to be. How can it be interested?

The answer is that in 2012, as the summer ice melted, 46 ships sailed through Arctic waters, according to Arctis, a research group, mostly from Far Eastern ports to Europe. They carried 1.2m tonnes of cargo, a third more than in 2011. This “northern route” could erode Singapore’s position as a global shipping hub. And the melting of the Greenland glaciers could threaten its existence: Singapore’s highest point, Bukit Timah, is only 164m (538ft) above sea level.

Other non-Arctic countries queuing for various kinds of seat at the table are China, India, Italy, Japan and South Korea, as well as the European Union, Greenpeace and the International Association of Oil and Gas Producers. Their applications—supposed to be ruled on in May—are the clearest signs of the growing geopolitical interest in the melting north. The existing members are wondering whether the outsiders will promote stability or disruption.

Even the current arrangements have attracted excited speculation. According to the United States Geological Survey, the Arctic has 13% of the world’s undiscovered oil and 30% of its gas (the gas estimate is pre-shale, so is probably too high)...Boundary disputes rumble between America and Canada over the Beaufort Sea; between Russia and America in the Bering and Chukchi Seas, and between Canada and Denmark over Hans Island and in the Lincoln Sea. Russia is modernising its northern fleet; America is thinking about putting armed coastguard vessels into its Arctic waters. The South China Sea shows how minor territorial disputes can flare dangerously, especially when natural resources are at stake....

All countries play by the rules. Legal norms are well established. The United Nations Law of the Sea, for example, has put almost all unprospected oil, gas and minerals under national jurisdictions, narrowing the scope for dispute (America has not ratified it, but says it will abide by it). Despite some swagger and stunts in past years, Russia is playing a constructive role, especially on shipping: it wants the “northern route” to be a success. In 2010 it settled a territorial dispute with Norway.

The Arctic Council epitomises this spirit of increasing co-operation. It began in 1996, mainly as a research project and talking-shop, but is fast becoming a decision-making body. In 2011 its members signed their first treaty, on joint search-and-rescue missions, which are too expensive for countries to undertake on their own. A second treaty—on cleaning up oil spills—will be signed shortly. On January 21st the members set up the first permanent secretariat, at Tromso in northern Norway.

One fear—especially in Canada—is that economic development could bring an oil spill that could devastate the pristine Arctic environment for decades. But a bigger question is what effect the newcomers might have on these cosy arrangements. Could China one day decide the northern sea route had become so important that it was within its sphere of strategic interest—meaning Chinese submarines would appear in Arctic waters? Such fears are far-fetched. The driving force of the outsiders’ interest is economic. China and others are backing the established rules and institutions such as the Arctic Council, not undermining them.  Yet worries persist. The insiders are squabbling about the right role for the outsiders. Canada is relaxed about China’s application to join the council, but fears the EU will try to stop its native peoples hunting seals (though the EU has a limited exemption for the Inuit). Russia is happy for the EU to join but is suspicious of letting in the Chinese.

China is also affecting the domestic policies of some Arctic countries, rather as it has in Africa. For instance, Greenland governs its own internal affairs, but Denmark runs its foreign policy. It contains about a tenth of the world’s deposits of rare-earth minerals. China, with a third or more of the rest, wants to build a big mine there to keep control over the global business. Uranium will be a by-product, but responsibility for disposing of that is considered a matter of foreign policy, residing in Copenhagen. Denmark has no experience of uranium recycling, and little desire to start.

Greenland’s government is also backing a $2.5 billion iron mine (by London Mining, the Isua Project) which, if it went ahead, would be worth more than the island’s annual GDP and could attract as many as 5,000 Chinese workers (how? London Mining is to work with). In December 2012 the local government exempted such large projects from Denmark’s strict labour laws. But Chinese workers in Greenland would still need visas, which must be issued in Copenhagen. Denmark could therefore face the unwelcome choice between scuppering a pet project of huge, poor Greenland’s or undermining its own labour laws.  For the foreseeable future China and others are unlikely to challenge the rules that underwrite Arctic stability. But the outsiders’ impact may be more disruptive than their self-restraint would suggest.

Outsiders in the Arctic: The roar of ice cracking, Economist, Feb. 2, 2013, at 49

See also Arctic Council

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Arctic Oil Spills are Not Preventable

Alaska oil drilling. Image from wikipedia

The Arctic Council Oil Spill Task Force, jointly led by the US, Norway and Russia, has finalized its work with drafting an agreement on oil pollution incidents in Arctic waters.  The agreement is to be presented and signed during the upcoming Arctic Council Ministerial meeting in Kiruna, Sweden, in May. The agreement comes as a result of a decision made by ministers of the 8 Arctic Countries at their previous meeting, i.e., in May 2011 in Nuuk, Greenland, to develop an international instrument on Arctic marine oil pollution preparedness and response.

The agreement will cover Arctic marine areas of the 8 Arctic Countries and apply to all kind of possible pollution sources, oilrigs and ships, except ships operated by a state such as naval vessels. The oil spill agreement will stipulate that each Arctic country must have a system in place that takes into account activities or places that are particularly likely to give rise to or suffer from incidents as well as areas of special ecological significance. Among other things, the agreement will contain rules for notifying about, monitoring, and assisting in responses to oil pollution incidents. It also will have stipulations regarding information exchange, the carrying out of joint exercises and training, and meetings of the parties to the agreement.

While advocating a moratorium on Arctic marine oil and gas extraction, environmentalist groups that have been following the preparation of the agreement text are welcoming it as a step forward in fighting oil spills. According to environmentalists, given that resource exploration and extraction in Arctic waters is increasing, oil spill incidents will inevitably happen. These groups also praises the fact that the agreement will recognize the role of indigenous peoples and other Arctic residents in supporting oil spill preparedness and response. Yet, at the same time, they criticize the agreement for not facilitating the use of privately owned – i.e., by oil companies - response equipment. NGOs furthermore point out that while the agreement goes a good long way to maintain and harmonize national procedures, it fails to commit its parties to actually raise their preparedness and response standards.

From the website of Arctic Council Indigenous Peoples Secretariat

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Where it is Cheap to Pollute: the West Atlas Oil Spill

West Atlas Oil Spill. image from wikipedia

An environmental group said that it would file a report to the Corruption Eradication Commission (KPK) [Indonesia] over alleged gratuities given by Thailand-based oil and gas producer PTTEP Australasia to a number of parties in Indonesia.  PTTEP Australiasia is responsible for the Montara oil spill in the Timor Sea, off the northern coast of Western Australia.The environmental group in question, Ocean Watch Indonesia (OWI), alleged that the oil and gas company had paid gratuities to certain individuals to prevent them from speaking about the magnitude of the damage from the spill.  “The case has been going on for four years, but we haven’t seen any efforts by the company, the Indonesian government or the Australian government to settle the problem. We suspect that there is a conspiracy resulting from the gratuities given,” executive director of OWI Herman Jaya said as quoted by Antara news agency.

Herman said that the KPK should launch an investigation into a possible case of graft that resulted in no progress in the oil spill investigation.  The group said that the company’s account of the disaster, published on a PTTEP AA Fact Sheet, could be used as a starting point for the KPK to begin investigations.  The report said there was no scientific evidence to verify that the oil spill had brought environmental degradation to Indonesian waters, Herman said.  The OWI alleged that one of the country’s top universities was responsible for authoring the report and was willing to do so only after payment from the company.

Earlier, fishermen who earned a living from catching fish or farming seaweed in the south of East Nusa Tenggara, had filed a lawsuit at the Australian Federal Court against PTTEP Australasia, after the company stated that it would not pay compensation to victims who had suffered from the impact of the oil spill since Aug. 21, 2009.  The lawsuit also demanded that PTTEP Australasia hire an independent team comprising of scientists from Indonesia, Australia, Timor Leste and the US to conduct scientific research to determine the impacts of the pollution in a scientific, transparent and accountable manner.

On Aug. 31, 2012, PTTEP Australasia accepted fines totalling A$510,000 (US$536,010) handed down by the Darwin Magistrates’ Court for its responsibility in the 2009 Montara incident.  In Dec. 2010, then transportation minister Freddy Numberi said that PTTEP Australasia had acknowledged responsibility for the oil spill.  Freddy said that the government had demanded Rp 23 trillion ($2.56 billion) in compensation from the company to repair the damage.  PTTEP Australasia’s oil platform in the Montara field, off Australia’s northern coast, exploded and spilled more than 500,000 liters of crude oil per day into the Timor Sea in August 2009.  Oil and gas leaks continued for 74 days until Nov. 3, 2009, and a permanent cap was installed a month later.  The oil rig, called the West Atlas, is owned by Seadrill, a Norwegian-Bermudan offshore drilling company, and operated by PTTEP Australasia, a subsidiary of the Thai-owned oil and gas company PTT.  Thirty eight percent of Indonesia’s marine territory in the Timor Sea was reportedly affected by the spill.

Environmental group to report Timor Sea oil spill to KPK, The Jakarta Post, , January 21, 2013

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What Transocean Pays for the Oil Spill in the Gulf

transocean headquarters Huston.  Image from wikipedia

Transocean Ltd. appeared in federal court in New Orleans after reaching a $1.4 billion settlement with the U.S. over the 2010 Gulf of Mexico oil spill....The company agreed last week to plead guilty to a misdemeanor count of violating the Clean Water Act and to pay $400 million in criminal fines and $1 billion plus interest in civil penalties. Under the agreement, Transocean will undergo five years’ probation and establish a technology innovation group to focus on drilling safety, devoting a minimum of $10 million to this effort.....

The agreement doesn’t cover costs to Transocean for natural-resources damage under the Oil Pollution Act of 1990, the company said. That law requires responsible parties to reimburse governments for restoring natural resources to pre- incident conditions.  Transocean said last week that the company’s liability for these damages was limited by a 2012 court ruling that it wouldn’t be liable under the Oil Pollution Act for subsurface discharge from the well.

The blowout and explosion aboard Transocean’s drilling rig sent millions of barrels of crude leaking into the gulf. The accident prompted hundreds of lawsuits against Transocean, London-based BP, the well’s owner, and Houston-based Halliburton Co. (HAL), which provided cementing services. BP previously agreed to pay $4 billion to the Justice Department to resolve charges connected to the spill and $525 million to settle the U.S. Securities and Exchange Commission’s claim that the company misled investors about the rate of oil flowing into the gulf.  BP announced Nov. 15 that it reached a deal with the Justice Department to plead guilty to 14 counts, including 11 for felony seaman’s manslaughter. U.S. District Judge Sarah S. Vance said last month that she would determine at a Jan. 29 hearing whether to accept BP’s plea.

The criminal case is U.S. v. Transocean Deepwater Inc., 13- cr-001, U.S. District Court, Eastern District of Louisiana (New Orleans). (pdf)

Margaret Cronin Fisk & Allen Johnson Jr, Transocean Appears in Court After $1.4 Billion Spill Pact, Bloomberg, Jan. 9, 2013

See also How much oil spills cost

 

 

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Nigeria and the Oil Companies: the ECOWAS Judgment

ecowas, image from world bank

Amnesty International and Socio-Economic Rights and Accountability Project (SERAP) have hailed last [Economic Community of West African States] ECOWAS Court of Justice ground-breaking judgment as a “key moment in holding governments and companies to account for pollution.”  In the case, SERAP v. Nigeria, the Court unanimously found the Nigerian government responsible for abuses by oil companies and makes it clear that the government must hold the companies and other perpetrators to account.

The Court also found that Nigeria violated articles 21 (on the right to natural wealth and resources) and 24 (on the right to a general satisfactory environment) of the African Charter on Human and Peoples’ Rights by failing to protect the Niger Delta and its people from the operations of oil companies that have for many years devastated the region.  According to the Court, the right to food and social life of the people of Niger Delta was violated by destroying their environment, and thus destroying their opportunity to earn a living and enjoy a healthy and adequate standard of living. The Court also said that both the government and the oil companies violate the human and cultural rights of the people in the region.

The Court ruled that the government’s failure to enact effective laws and establish effective institutions to regulate the activities of the companies coupled with its failure to bring perpetrators of pollution “to book” amount to a breach of Nigeria’s international human rights obligations and commitments.  The Court emphasized that “the quality of life of people is determined by the quality of the environment. But the government has failed in its duty to maintain a general satisfactory environment conducive to the development of the Niger Delta region”.

“This judgment confirms the persistent failure of the Nigerian government to properly and effectively punish oil companies that have caused pollution and perpetrated serious human rights abuses, and is an important step towards accountability for government and oil companies that continue to prioritise profit-making over and above the well-being of the people of the region,” said Femi Falana SAN, and Adetokunbo Mumuni for SERAP.  “This is a crucial precedent that vindicates the human right to a healthy environment and affirms the human right of the Nigerian people to live a life free from pollution. It also makes it clear that the government must hold the oil companies to account,” said Michael Bochenek, Director of Law and Policy at Amnesty International.  “The judgment makes it clear that the Nigerian government has failed to prevent the oil companies causing pollution. It is a major step forward in holding the government and oil companies accountable for years of devastation and deprivation.” said Bochenek.

The court affirmed that the government must now move swiftly to fully implement the judgment and restore the dignity and humanity of the people of the region.

“The judgment has also come at a time when oil is being discovered in the majority of the member states of the ECOWAS. It is vital that other states take heed of this judgement, which has laid down minimum standards of operations for government and oil companies involved in the exploitation of oil and gas in the region,” Falana and Mumuni also said.  “The time has come for the Nigerian government to stand up to powerful oil companies that have abused the human rights of the people of the Niger Delta with impunity for decades,” said Bochenek.  “We commend the ECOWAS Court for standing up for the rights and dignity of the people of the Niger Delta. We also acknowledge the important legal contribution of Dr Kolawole Olaniyan of Amnesty International, to the case,” said Falana and Mumuni.

he case was filed against the Federal Government and six oil companies over alleged violation of human rights and associated oil pollution in the Niger Delta. Specifically, the plaintiff alleged: “Violations of the right to an adequate standard of living, including the right to food, to work, to health, to water, to life and human dignity, to a clean and healthy environment; and to economic and social development – as a consequence of: the impact of oil-related pollution and environmental damage on agriculture and fisheries.”  SERAP also alleged “oil spills and waste materials polluting water used for drinking and other domestic purposes; failure to secure the underlying determinants of health, including a healthy environment, and failure to enforce laws and regulations to protect the environment and prevent pollution.”

The Court dismissed the government’s objections that SERAP had no locus standi to institute the case; that the ECOWAS Court had no jurisdiction to entertain it; and that the case was statute-barred. The Court also rejected efforts by the government to exclude a 2009  Amnesty International report on oil pollution from being considered. The report was based on an in-depth investigation into pollution caused by the international oil companies, in particular Shell, and the failure of the government of Nigeria to prevent pollution or sanction the companies.

The suit number ECW/CCJ/APP/08/09 was argued by SERAP counsel, Femi Falana SAN, Adetokunbo Mumuni and Sola Egbeyinka.  The judgment was delivered by a panel of 6 judges: Justice Awa Nana Daboya, Justice Benefeito Mosso Ramos, Justice Hansine Donli, Justice Alfred Benin, Justice Clotilde Medegan and Justice Eliam Potey.

Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the Court shall be final and immediately enforceable. Furthermore, non-compliance with the judgment of the Court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.

SERAP Press Release, December 2012

See also decision of the ECOWAS Community Court on Jurisdiction

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