Oil and the Niger Delta People in International Law - Resource Rights, Environmental and Equity Issues

by Dr. Kaniye S.A. Ebeku

Pages: 509
Format: PDF ONLY
Published: November 2005
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Introduction

This book is about oil extraction in Nigeria’s Niger Delta and the associated environmental and equity issues. Importantly, it is not just another contribution to the growing literature on these issues. It is, indeed, a significant new study of these issues from the perspective of international law. As is well-known, Nigeria is the 6th oil producing country within the Organisation of Petroleum Exporting Countries (OPEC) and the 7th oil producing country in the world. Hence, the global importance of Nigeria’s oil cannot be over-emphasised. Apart from its global importance, oil revenue is the main source of Nigeria’s annual foreign exchange earnings and contributes about 95 per cent of the country’s annual revenue.

Volume 5 in a series of 'Special Studies', that is published by OGEL - Oil, Gas & Energy Law Intelligence

About the Author

Dr Kaniye S.A. Ebeku is an Associate Professor of Law and Head of the Department of Law at Intercollege, Nicosia, Cyprus. From 2003 to 2004 he was the Head of the Department of Jurisprudence & International Law of the Rivers State University, Nigeria. He is a Barrister & Solicitor of the Supreme Court of Nigeria and the author of several articles on oil-related issues of the Niger Delta published in different refereed journals.

CHAPTER 1 - INTRODUCTION

1.1. Introductory Remarks: Background
1.2. Justifying the Methodology of the Book
1.3. Oil in Nigeria: Literature Review
1.4. The Structure of the Book

CHAPTER 2 - NIGER DELTA, THE PEOPLE AND THE NIGERIAN STATE

2.1. Introduction
2.2. Birth of Nigeria: A Brief Historical Account
2.3. Niger Delta: The Area and the People

2.3.1. Geographical Definition of the Niger Delta
2.3.2. Other Definitions of the Niger Delta
2.3.3. Ethnic Composition of the Niger Delta
(i) Ijoid
(ii) Yoruboid
(iii) Edoid
(iv) Igboid
(v) Delta Cross

2.4. Pre-Colonial Political Organization and Socio-Economic Life
2.5. Niger Delta People after 1914: Genesis of Minorities Status and Problems
2.6. Pre-Independence Fears of the Niger Delta People and the Willink Commission

2.6.1. Introductory: Appointment of the Commission
2.6.2. Demand for Mid-West State
2.6.3. Demand for Rivers State
2.6.4. Special Recommendations of the Commission for the Niger Delta People

2.7. Niger Delta in Post-independence Nigeria

2.7.1. Political Developments and the Rise of Economic Nationalism
2.7.2. The Present Status of the Niger Delta People
2.7.2.1. Definitional and Terminological Issues
2.7.2.1. (a). Definition of Minorities
2.7.2.1. (b). Definition of Indigenous Peoples

2.8. Status of the Niger Delta People within the Nigerian State
2.9. Conclusion

CHAPTER 3 - OIL, NIGERIAN STATE AND THE NIGER DELTA PEOPLE

3.1. Introduction
3.2. Discovery of oil in Nigeria
3.3. The Place of Oil in the Nigerian Economy
3.4. Ownership of Oil under Nigerian Law
3.5. Ownership of Land in Nigeria

3.5.1. Customary Land Tenure System
3.5.2 Ownership of Land and the Land Use Act 1978

3.6. International law and ownership of Indigenous Land and Natural Resources

3.6.1. Introductory Remarks
3.6.2. International Instruments and Ownership of Indigenous Lands and Natural Resources
3.6.2.1. Declaration of the World Conference to Combat Racism and Racial Discrimination 1983
3.6.2.2. ILO Conventions (Nos. 107 and 169)
3.6.2.3. The UN Draft Declaration on the Rights of Indigenous Peoples
3.6.2.4. International Aid Agencies and Indigenous Peoples
3.6.2.5. International Standards on Indigenous Rights and State Practice

3.7. Conclusion

CHAPTER 4 - IMPACT OF OIL OPERATIONS ON THE NIGER DELTA ENVIRONMENT AND ON THE PEOPLE

4.1. Introduction
4.2. Definitional and Foundational Issues

4.2.1. Definition And Meaning of Environment
4.2.2. Definition and Meaning of Environmental Pollution
4.2.3. Environmental Characteristics of the Niger Delta
4.2.3.1. Ecological Zones
(i) Mangroves
(ii) Freshwater Swamp Forests
(iii) Lowland Rainforests
(iv) Barrier Island Forests
4.2.3.2. Biological Diversity of the Niger Delta
(i) Flora
(ii) Fauna
4.2.4. Stages of Oil Operations

4.3. Oil Operations and the Niger Delta Environment
4.3.1. Environmental Impacts of Oil Pollution: Introduction
4.3.1.(a). Meaning of Oil Pollution
4.3.1.(b). Oil Spillage and the Niger Delta: Frequency of Occurrence
4.3.1.(c). Causes of Oil Spillage
4.3.2. Impact of Oil Pollution on the Niger Delta Environment

4.4. Environmental Impact of Gas Flare
4.5. Niger Delta Environment and Other Sources of Oil Industry Pollution
4.6. Environmental Impact of Oil Operations on the Niger Delta Wetlands
4.7. Impact of Oil Operations and Nigerian Courts: Case-Studies

4.7.1. Oil Production – related Cases
4.7.2. Oil Exploration - related Cases

4.8. Social Impacts of Oil Operations

4.8.1. Loss of Land and Resources
4.8.2. Impact of In-migration
4.8.3. Loss of Self-Esteem
4.8.4. Social Dislocation and Social Disintegration

4.9. Conclusion

CHAPTER 5 - OIL OPERATIONS AND PROTECTION OF THE NIGER DELTA ENVIRONMENT

5.1. Introduction
5.2. National Policy on the Environment

5.2.1. Historical Background
5.2.2. National Policy on the Environment: A Nutshell
5.2.2.1. The Policy Goal
5.2.2.2. Selected Policy Statements and Implementation Strategies
a) Water Resources
b) Forestry, Wildlife and Protected Natural Areas
c) Marine and Coastal Area Resources
d) Mining and Mineral Resources/Energy
e) Oil and Gas
f) Public participation
g) Institutional/Legal Arrangements

5.3. Oil-Related Environmental Protection Statutes
(i) Criminal Code
(ii) Petroleum Act/ Petroleum Regulations
(iii) Oil Pipelines Act
(iv) Oil in Navigable Waters Act
(v) Associated Gas Re-Injection Act
(vi) Environmental Impact Assessment Decree 1992

5.4. Oil Companies and Protection of the Niger Delta Environment
5.5. TNCs and International Environmental Standards
5.6. Enforcement of Environment Protection Laws in Nigeria

5.6.1. Administrative Enforcement
a) Financial Viability
b) Adequacy of Sanctions
c) Adequacy of Manpower
d) The Role of Corruption
e) Institutional Conflicts
f) Socio-economic-politico Factor
5.6.2. Nigerian Judiciary and Enforcement of Environment Standards

5.7. International Law and the Protection of Indigenous Peoples’ Environment
5.8. Conclusion

CHAPTER 6 - NIGER DELTA, OIL OPERATIONS AND EQUITY ISSUES

6.1. Introduction
6.2. Definition of Term: ‘Equity’
6.3. Indicators of Equity

6.3.1. Participation
6.3.2. Compensation
a) Compensation for Land Acquisition
b) Compensation for Oil Operations Damage
6.3.3. Employment
6.3.4. Development
6.3.5. Distribution of Oil Revenue

6.4.1. Demands of the Movement for the Survival of Ogoni People (MOSOP)
6.4.2. Demands of Ijaw Youths Council (IYC)
6.4.3. Demands of Other Groups
6.4.4. Governors of Niger Delta States and Resource Control

6.5. Federal Government’s Response to the People’s Demands
6.5.1. Oil Mineral Producing Areas Development Commission (OMPADEC)
6.5.2. Niger Delta Development Commission (NDDC)

6.6. Conclusion

CHAPTER 7 - CONCLUSIONS AND RECOMMENDATIONS

7.1. Summary of Findings and Conclusions
7.2. Recommendations: Towards Peace and Equity in the Niger Delta

7.2.1 Provision for Participation and Control of Resources
7.2.2. Repeal of Obnoxious and Contentious Statutes
7.2.3. Employment of Local People by Oil Companies
7.2.4. Revival of Agricultural Sector
7.2.5. Reform of Nigerian land Law
7.2.6. Provision for the Payment of Adequate Compensation
7.2.7. Recognition of Social Responsibilities by Oil Companies
7.2.8. Reform and Enforcement of Environmental Standards
7.2.9. Protection and Conservation of Biodiversity and Wetlands
7.2.10. Development Agency and Government Responsibilities
7.2.11. Development Agency and Participation of the People
7.2.12. Revenue Allocation

7.3. The Future of the Niger Delta and its People
7.4. Directions for Future Research

Appendices:

APPENDIX I
APPENDIX II

SELECTED BIBLIOGRAPHY
KEYWORD INDEX

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Oil and the Niger Delta People in International Law - Resource Rights, Environmental and Equity Issues

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