Multinational oil companies such as Shell, Chevron, Eni, Total, Addax-Sinopec and Exxon Mobil, and the state owned NNPC continue to flare gas 24 hours a day, seven days a week, causing environmental damage as well as health and human rights impacts for local residents. Shell has flared gas for over five decades and according to official statistics, is still among the worst offenders, along with Exxon-Mobil, Chevron and Eni. 

Platform gave its analysis of flaring trends to IRIN. The IRIN report also quotes Nnimmo Bassey from Environmental Rights Action / Friends of the Earth Nigeria and Shell official Tony Attah, who blames the problem on militancy and claims that gas flaring will “take a few more years to end”.

NIGERIA: Gas flares still a burning issue in the Niger Delta

DAKAR/PORT HARCOURT, 8 March 2012 (IRIN) -

Despite longstanding laws against gas flaring – the burning of natural gas during oil extraction – in Nigeria, and shifting deadlines to end the practice, the activity continues, with serious health consequences for people living nearby.

In the Niger Delta, where most of the flaring takes places, residents living near gas flares complain of respiratory problems, skin rashes and eye irritations, as well as damage to agriculture due to acid rain.

They are also forced to live with constant noise, heat and light that can lead to sleep deprivation which can degenerate into systemic insomnia. Since flaring involves carbon dioxide and sulphur outputs, in the longer term the heart and lungs can be affected leading to bronchitis, silicosis, sulphur poisoning of the blood, and cardiac complications, said a Port Harcourt doctor, Nabbs Imegwu.

“Extreme long-term exposure can predispose one to, or cause, skin cancer,” he added.

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Three of the world’s biggest private oil companies face landmark legal actions this February. Here is a brief run down of the main cases, what they are about and why they matter.

1. US v BP

At the centre of the legal fallout from BP’s Deepwater Horizon disaster in April 2010 is a  complex civil trial which begins on 27 February. The trial will determine who is to blame, how much should be paid in damages and penalties and who should pay them. BP is one of a number of defendants, alongside Transocean (owner and operator of the rig) and Halliburton. There are over 120,000 claimants involved, from Gulf Coast fishers to the US government, and a massive 72 million pages of documents. The trial, heard before a Judge Carl Barbier without a jury, is expected to last all year.The future of the UK oil company could yet unravel in the legal vortex surrounding the Gulf of Mexico spill, with still more cases being added to this sizeable civil claim. According to the Guardian, charges of gross negligence over the accident, which claimed the lives of 11 workers, have not been ruled out. On 14 February, BP lost a separate case brought by share holders on the New York Stock Exchange. A District Court in Houston found that BP must face charges of fraud for misrepresenting its ability to address a major oil spill.

2. Kiobel v Shell

Filed in 2002, this case charges Shell with complicity in human rights abuses and crimes against humanity in the Ogoni region of the Niger Delta between 1992 and 1995. Shell is accused of aiding and abetting the Nigerian military to commit violations a widespread and systematic campaign of torture, extra-judicial executions, prolonged arbitrary detention, and indiscriminate killings constituting crimes against humanity. Dr. Barinem Kiobel was among the 9 Ogoni activists executed by the Nigerian military regime on 10 November 1995, with the alleged collaboration of Shell. Esther Kiobel, Dr. Barinem’s widow, is one of the claimants. For more details and documents visit the Center for Constitutional Rights.

Wiwa v Shell an earlier lawsuit founded on the same allegations was settled out of court in June 2009 for $15.5 million (see the videos below).

On 28 February, the US Supreme Court will hear oral arguments over whether or not corporations can be held liable in the US for complicity in human rights abuses committed overseas. The Supreme Court’s decision will have major implications for corporate accountability. If successful, corporations will continue to face liability under the Alien Torts Statute in the US. But Kiobel would still have to be re-heard before any judgement on liability is made.

Complicity has continued to be a problem for Shell in Nigeria. Shell’s involvement in recent human rights abuses in the Niger Delta was revealed in Platform’s 2011 report, Counting the Cost.

3. Brazil v Chevron:

Brazillian prosecutors have filed a case for civil damages against Chevron and subcontractor Transocean over pollution offshore. On 7 November 2011, Chevron spilled an estimated 3,000 barrels of oil 230 miles off the coast of Rio de Janeiro after Transocean’s drilling work caused cracks in the sea floor. Chevron executives could face criminal charges and penalties of up to $11.6 billion.

It’s uncertain when the case may start, but the short term impacts have already proved significant. The Brazillian regulator, ANP, has suspended Chevron’s licence at the site of the spill at Frade field, causing a 15% decline in the company’s rate of oil extraction. The case against Chevron could establish important environmental restrictions for deepwater drillers seeking to exploit Brazil’s emerging oil and gas boom.

Photos courtesy of Morris Alagoa at ERA/FoE Nigeria.

The rig has now completely collapsed under the intense heat of the flames. Chevron is still “finalizing plans for a relief well to fight the fire”. But these pictures show no sign of the company’s efforts to monitor the impact of the fire or protect local fishers.

The local community, which relies on fishing as a primary means of livelihood, has drawn attention to the ecological impact of the disaster. Below is a deformed dead fish observed near the site.

The company has so far dismissed the impact on local livelihoods, claiming that “no impacts to the beach have been reported.” However, the disaster appears to be having devastating consequences for marine life. As ERA reports from the Koluama River:

“There were dead fish floating and some in throes of death; struggling to stay alive.”

A new report today published by Amnesty International and the Centre for Environment, Human Rights and Development (CEHRD) has called on Shell to accept responsibility for the pollution caused by oil spills in the Niger Delta, and to begin by paying US$1 billion as an initial down-payment towards the clean-up.

The report highlights how Shell’s pollution has wrecked lives and livelihoods in the town of Bodo, Ogoni, which was home to 69,000 people. Shell had caused two major oil spills there in 2008-2009 which became  the subject of a UK lawsuit filed at the High Court in April. The company was forced to admit liability and could be made to pay up to $410 million in compensation and clean up the damage. Amnesty condemned the company’s response to the spills:

Shell – which recently reported profits of US$ 7.2bn billion for July-September 2011 – initially offered the Bodo community just 50 bags of rice, beans, sugar and tomatoes as relief for the disaster.

CEHRD’s Coordinator, Patrick Naagbanton said:

“The situation in Bodo is symptomatic of the wider situation in the Niger Delta oil industry. The authorities simply do not control the oil companies. Shell and other oil companies have the freedom to act – or fail to act – without fear of sanction. An independent, robust and well-resourced regulator is long overdue; otherwise even more people will continue to suffer at the hands of the oil companies.”

AI also acknowledged that the UK government’s proposed cuts to the legal aid budget could make the UK courts inaccessible to the victims of corporate human rights abuses, such as Shell’s in Nigeria:

This report reinforces the need for victims of the overseas operations of UK companies to have access to justice in the UK. This is now under threat because of provisions in the Government’s Legal Aid, Sentencing and Punishment of Offenders that would change the balance of costs against complainants bringing cases such as Bodo to the UK courts, and in favour of the multinational corporations defending such cases. If the Bill passes, such cases would no longer be viable.

Serious questions over Shell Oil’s alleged involvement in human rights abuses in Nigeria emerged last night after confidential internal documents and court statements revealed how the energy giant enlisted the help of the country’s brutal former military government to deal with protesters.

The response from Ogoni was noted on the Nigerian news site, NEXT:

Supporters of further legal actions against Shell were delighted with a story carried by a United Kingdom weekly, Independent on Sunday. The weekly, in a story entitled “Secret papers show how Shell targeted Nigeria oil protesters,” quoted copiously from internal Shell documents it claimed to have seen. The paper said the documents “revealed how the energy giant enlisted the help of the country’s brutal former military government to deal with protesters.”

Questions sent to Shell about this and other issues, including next week’s case against it by an Asaba court, were not responded to at press time.

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