Human Rights Records of Multinationals in Nigeria

Human rightfulnesss Records of Multinationals in NigeriaChapter 1IntroductionFrom metre immemorial man has depended on his milieu for exclusively his material commence aims. Adam and eve for instance survived with the close basic of criminal maintenance and the story is that they lived exclusively on fruits gathered from the Garden of Eden including the nix unmatched. This is a classical case of mans insatiability with just what is immediately available or sustainable. It is non necessarily greed or avarice but mans advancement, change magnitude needs, and quest for the unkn admit. The instruction to increase and multiply created new pressures for him. The few fruits he gathered from the garden could non sustain his ever-increasing family. Eden withal became in whatever case sm al angiotensin converting enzyme as a result of his obeying the instruction to increase and multiply, and the need to move to unknown destinations became imperative, where he ran into armament ile lieus such as riotous cold, heat, other various forms of inclement weather in addition to inimical plant and animal smell. Movement from point A to B by foot which was the only option available at the time must get down been very(prenominal) painful and slow. in that locationfore man had to fashion issue slip delegacy of transportation. This started with rafters make from such materials as papyrus, to dug- taboo wooden devote fireoes for body of water transportation the forerunners of our mass transport system, and a large component of mans received environmental problems.Mans development continued unabated until the industrial revolution that on the whole changed forever the relationship of man with his environment. The creation of the internal combustion locomotive engine could be escorted as a study landmark in mans institution on earth which has facilitated the enormous movement of man, and the reduction of the universe into the pr everyplacebial homo(pr enominal) settlement. It is in this quest for man to satisfy his needs and wants by dint of modern transportation, accommodation, leisure and some(prenominal)(prenominal) other aspects of valet de chambre endeavor that has direct to unprecedented demand for energy. Energy in the form of wind, water, sun, fossil etc has go away a preoccupation of modern life. in time, one which appears to dupe an obviously devastating proceeds on mans environment today is fossil energy the skin rash mover of mans various activities. The geographic expedition, extraction and developing of fossil fuel ingest so irreversibly impacted the earth that they atomic issuance 18 considered as the study causative doers of global warming.In Nigeria the early exploration of solid minerals which started in 1903 was immediately followed by such exploration for fossil vegetable fossil anoint color. The major multinational comp either that was involved in this early exploration was husk DArcy. There is every indication that the native communities where these explorations were going on were completely unrehearsed for the shock of oil activities. First and foremost, there were no specific vivacious laws in the Nigerian system guiding such kind-hearted activities and thereof any attempt at either avoiding disaster or remedying any that occurred was almost completely at the discretion of the run company. agree to the Nigerian Ministry of Solid Minerals Development, mineral exploitation in the untaught was largely carried out(a) without regards to the adverse effects on the environment or the entertain communities. It was not until 1946 that the minerals ordinance was enacted with provisions for reclamation of mined out lands. In consequence therefore a unit mines land reclamation unit was completed to reclaim the light speeds of abandoned mines land every(a) over the untaught which were relics of the colonial mine activities. The same(p) or far worse could be verbalise to be the case for oil mineral exploitation. One must stay in mind that dumbfound DArcy was neither CARITAS nor RED CROSS. In the wait on of their exploration and so exploitation, several incidents of constipation to the ecosystem had occurred and there be several unwritten stories of this great damage to the ecosystem. The first mineral act for Nigeria was rattling written in 1946 *123) and from all indications it was quite defective and concentrated in general on Solid Minerals, and what the Nigerian formation saw as the r make upue that would accrue to the nation. The atomic number 18as dealing with environmental impact abatement occupied very limited space and importance. It is instructive to mention here that the replete(p) minerals and mining sector which included solid minerals and uncut oil mining was chthonic one ministry ab initio. It was only when crude oil took precedence over solid minerals that the two were separated in the 1970s before a prac ticed- fledged Ministry of Solid Minerals development was established in 1995 which is the structure as at today.There nurture been several reported cases of monumental damage to the ecosystem generally and specifically to farm lands, search aras and other water courses in the Niger delta of Nigeria as a result of accidents or c atomic number 18lessness on the disrupt of oil companies in several Niger delta beas such as Ogoni land, the current Bayelsa, Warri axis of rotation (Bob, 2005). Such destruction has consistently occurred, with the oil companies either paying sassing service to such disaster abatement or actually offering very painfully limited amounts of redress to host communities. One gentlemans gentlemanly concern is clear beca physical exercise government either by omission or billing (more of delegation) had not been in a position to protect the host communities and their repetitive interests, we have had cases of unrest in the Niger delta bea. Prominent among these unrests are the Ogoni uprising, and of recent, MEND (movement for the license of the Niger delta) with their negative sequential consequences on the Nigerian nation and her economy. These cases of unrest have been extensively documented and had attracted international attention and sympathy.Much as one would say that the extant laws guiding the exploration and exploitation of crude oil in the arena have chthonicgone serious reforms, several factors outside the laws have come to further exacerbate an already difficult situation. Opinion is that turn the existing laws are not extremely favorable to host union existence and indeed the entire ecosystem, other homo race failings in the Nigerian system have lent their weight to inflicting extensive pain on host communities of oil producing areas. The most hurting has been positive degreely identified as corruption. The oil companies are 100% realize making organizations. consequently in this system where a gift of a gold go over and a cup of coffee, could easily make a minister whose chew over includes enforcement of extant laws to look the other way while operating bodies disturbance all the existing laws, these oil companies naturally found it easier to side memorial national laws in rear to operate at maximum profit while inflicting untold pain and hardship on host communities.ObjectivesThe first objective of this paper is to broadly examine the interaction mingled with multinationals and the host countries in which they do stemma from a kind righteousnesslys perspective. For the routine of this discourse, I result limit my case studies to tercet prominent multinationals in Nigeria, which are Shell, streak, and Exxon Mobil. As earlier utter, some of these industries present a huge number of dangers and in many cases extremely hazardous consequences for employees, inhabitants of certain communities and indeed the environment particularly their effect on flora and fauna. While some of these dangers presented may not be committed intentionally, some exclusives are nevertheless made to suffer less than desirable conditions, in the hands of company protective covering agents all of which border on humans rights violations. Therefore in this paper, positive and the negative roles played by the multinationals will be examined in order to help assess their human rights records properly. As an integral part of this query also, extant laws, covenants and treaties if any that these multinationals have signed regarding their trading operations at heart the country will be examined, as hearty as the companys operational guidelines.Organization Of DissertationChapter 1 is basically concerned with the introduction. For the pur buzz off of this work as yet, the next chapter will give a brief overview of the country and the history of oil exploration in Nigeria as well as a discussion of the major plan which is human rights from the perspective of several sc holars. Chapter 3will focus mainly on the human rights performance of these multinationals (negative and positive), beginning with their in corporated social responsibility and how well they have behaved in host communities and offerd by their business principles. The forth chapter then will solely be focussed on the spillover effects of the activities of the multinationals and as such the reaction of the host communities and the Nigerian government in general. The fifth chapter will be the conclusions and recommendations.Research call into question1. What are the human rights records of multinationals in the oil industry in Nigeria specifically shoot, chevron, and Exxon Mobil?2. How well have these companies kept to their public statements and operating principles?Chapter 2This chapter will give an overview of the country and a brief history of its oil exploration and exploitation in the country, vis a vis, the definition of human rights as outlined by several scholars.Overview Of NigeriaNigeria is undoubtedly the most populous nation in Africa with an estimated 140 meg people. The nation comprises 36 states and one federal official great(p) stain. Nigeria is also blessed with vast agriculture and mineral resources which include, but not limited to cocoa, cassava, blacken, bauxite, tin, tantalite, iron ore, limestone, gold, many precious metals/stones, and most importantly crude oil. Despite being one of the major producers and exporters of oil in the beingness and also a member of the OPEC, the country has continued to experience endemic poverty and strife notwithstanding the abundance of the above mentioned. All of this can directly be linked to corruption and mis distributement of funds by the ruling elites, with billions of dollars being made each day by major multinationals in diverse joint venture agreements with the government owned Nigerian National Petroleum Corporation (NNPC). Bob (2005, p.59) argues that Nigerias highly centralized, notori ously corrupt and ethnically riven political system have made it come-at-able for the countrys leaders both armament and well-manneredian to take out most of the revenue from oil. This institutionalized corruption has almost ever been implicated in serious cases of human rights violations. *MITCHELL. According to several regime including the, US state department, among others, oil exploration and exploitation have oft precipitated gross human rights violations, citing several cases of extrajudicial killings, torture (US*), and most of all environmental devastation which has led to the ravaging of total ecosystems.Oil geographic expedition In NigeriaThe history oil exploration in Nigeria could be date as far back as the drilling of oil rise in Nigeria by the Nigerian bitumen company in 1903 when mining exploration activities started in Nigeria. However the first major discovery and exploration of oil was in 1956 in oloibiri village in eastern delta of Nigeria (Olorode et al , 1998, p.14). This operation was carried out by Shell DArcy now known as nonplus rock oil development company (SPDC, 2009). Subsequently, oil companies such as ExxonMobil, Chevron Texaco, ENI/Agip, and TotalFinaElf fall in in oil exploration activities mostly in the Delta region under a joint venture agreement with state owned NNPC. The oil industry has definitely made a huge impact on the socio-economic life of Nigeria especially as one of its major sources of revenue. However oil exploration as an extractive industry has negatively impacted on the autochthonous populations where oil drilling and exploration occur. Despite huge profits amassed by the oil industry, gross environmental devastation and degradation have routinely cropped up with little or no solution being proffered to the situation by the oil industry operatives. According to reports by the committee for the refutation of human rights (CDHR), the industry has inflicted unprecedented agony on indigenous communiti es by completely disrupting water ways, destroying soil, water, short letter, animal, plant life, and generally ca break massive destruction in the eco system especially on the flora and fauna (Olorode, 1998, p.15). Communities touched by oil exploration are those of the Niger delta. The Delta region is made up of a number of indigenous communities and states which include Rivers state, Delta, Bayelsa, cross river and Akwa Ibom and they account for closely 80 share of the oil and throttle valve produced in Nigeria.The remaining 20 percent are scattered in different parts of the country such as, Imo, and Ondo *(CDHR). Apart from oil and gas, the Niger Delta is also blessed with agricultural land, creeks, forests, rivers, creeks, and coastal waters with fish and sundry marine life (Okonta and Douglas, 2000, p.33). Ironically even in the midst of these abundant natural resources, the region remains one of the poorest and most under developed in the country, with the people despic able from unsufferable diseases and a complete absence of basic facilities which include electricity, clean water, education, hospitals, housing, and not bad(predicate) roads*.Decades of wanton mismanagement of funds and corruption have been cited as the reason for paltry GNP per capita of 280 us dollars, but the reality in the Niger delta is even far worse. A recent survey by the world bank stated that 7 in every 10 Nigerians live below $1 a day (*). what is more the area has one of the highest population densities in the world, with an estimated 3 percent growth per year, and this burgeoning population in the face of under development has been referred by Okonta and Douglas as the human ecologists ultimate nightmare a growing population in an attempt to survive (is) destroying the very ecosystem that should guarantee its survival (Okonta and Douglas, 2000, p.34). some of the suffering of the peoples of the Niger Delta could be attributed to oil companies invading their territo ries and paying little attention to the lease of the people, and also the ever corrupt government officials and political elites willing to intromit bribes and cuts from these multinationals to remain silent. These acts of commission and omission by state functionaries have sometimes been exploited by the multinationals resulting in the brutal repression of dissenting host communities using instruments of state violence (*).Following is a reference to various definitions and concepts of human rights as elucidated by the aforementioned governing.Human paysAll human beings are born free and equal in dignity and rights.Article 1 of the United Nations Universal Declaration of Human Rights (UDHR)According to the United Nations resolving of human rights (UDHR), rights fall into two major categories namely civil and political rights, as well as socio-economic and cultural Rights. (Malone, 2003, p.20). Civil and political rights which are also considered as first generation rights are argued to be those inalienable rights to which an individual is entitled. According to the UNDHR they include the right to life, right not to be tortured, right to fair hearing and judicial process.Forsythe, for instance, explained human rights to be those key moral rights of the person that are necessary for a life with human dignity. (Forsythe, 2006, p.3)Landman (2006), defined human rights as a bound of individual and collective rights that have been formally promoted and protected through international and domesticated law since the universal declaration of human rights in 1948 (p.8).Alston (2005), cited Karel Vazalis mixture which argues that there are three generations of human rights namely, the first generation civil and political rights, i.e. right to life and political participation. The second generation harmonize to Alston includes economic, social and cultural rights or collectively, right to subsistence. The third generation rights which is the solidarity rights encapsulates the right to peace and most importantly for the purpose of this discourse is the right to a clean environment.There are two schools of thought with regards to environmental human rights which are enshrined in article 21 of the African charter on human and peoples rights, which argues that the right to a healthy or commensurate environment, constitutes a natural component of human rights (African Charter on Peoples and Human Rights Ratification and Enforcement, Act 1990). The second school of thought posits that environmental human rights are derivable from other human rights including, but not limited to the right to life, the right to health, as well as the right to property (Ibid).The whole concept of environmental rights is informed by the concept of a right to a habitable environment for the present and generations provided unborn. According to Olorode (1998, p.8), the extractive industries constitute one of the human activities which have immediate and world-sh aking consequences on the environment. Odu (1977) as quoted in Olorode (1998, p.8) also argued that extractive industries may alter the ecology so completely that it cannot support agriculture or fishingSince this treatise is primarily concerned with the human rights records of select multinational oil companies in Nigeria, relevant clauses of the Nigerian constitution on fundamental human rights are worthy of reference. Chapter four of the Nigerian constitution deals solely with fundamental human rights as enumerated in sections 33 to 46, the keynotes of which are reproduced hereunder33. Right to life34. Right to dignity of the human person35. Right to personal liberty.36. Right to fair hearing.37. Right to private and family life.38. Right to freedom of thought, conscience and religion39. Right to freedom of expression and the press.40. Right to peaceful assembly and association.41. Right to freedom of movement.42. Right to freedom from discrimination43. Right to acquire and own immovable property.44. Compulsory acquisition of property.45. Restriction on and derogation from fundamental human rights.46. Special jurisdiction of High Court and Legal assistant(Sections 33-46, Constitution federal republic of Nigeria (FRN) 1999)Furthermore section 20 of the same constitution provides that the state shall protect and improve the environment and safeguard the water, air and land, forest and wildlife of Nigeria. It can therefore be argued that adequate provisions are already in place at least on paper, for the tax shelter and enforcement of the fundamental human rights of Nigerians with particular reference to environmental rights.However, section 44(3) vests the entire property and control of all minerals, including oil and gas occurring in any land, upon or under any waters within the Nigerian territory and its exclusive economic zone on the government of the federation which shall manage these resources in the manner prescribed by the national assembly (Const itution, FRN, 1999). This thoroughgoing provision is more often than not relied upon by the government and its institutions, sometimes allegedly at the behest of the multinational oil giants, to suppress and repress legitimatise agitations by aggrieved host communities.The aggrieved host communities are usually either seeking for their fair piece of land of the oil wealth, outright resource control, or demanding for cover remedial measures against the sundry negative environmental impacts of oil exploration and exploitation such as gas ablaze(p). According to reports by Osouka and Roderick (2005, p.4) Nigeria flares more gas than any country in the world, averaging a staggering 2.5 billion brick-shaped feet of gas associated with crude oil. This they argue to be equal to 40% of all Africas natural gas consumption which have contributed more babys room gases than the entire sub Saharan Africa as a whole. They posit that the flaring of associated gas in the niger delta is a hum an rights, environmental and social giant (Osouka and Roderick 2005), because the health and livelihood of the inhabitants of these communities are adversely affected by these unyielding flares which contain a plethora of pollutants resulting in an increased risk of untimely deaths, child respiratory illnesses, asthma and cancer Osouka and Roderick (2005, p.29). Osuoka and Roderick further reported that the commission had contended that the Nigerian government had in principle admitted complicity for this hazardous practice by stating that there is no denying the fact that a lot of atrocities were and are distillery being committed by the oil companies in Ogoni land and indeed the entire niger delta area of Nigeria (Osuoka and Roderick, 2005, p.29) forward to the 1999 constitutional provision, the federal military government had in 1969 promulgated the petroleum decree which effectively abrogated the 1954 revenue apportioning formula that provided for the equal sharing of minin g revenue between the regions and the federal government (Oronto and Okonta, 2000, p.40). Furthermore decree 6 of 1975 increased the federal governments share of the oil proceeds from 50% to 80% leaving the states with only 20% (Oronto and Okonta, 2000, p.41).Oronto and Okonta further contended that a senior permanent secretary in the administration of former military head of state general Gowon had cynically remarked in a public lecture that the people of the niger delta were most unlikely to pose any real threat to the regimes continued exploitation of their oil wealth as they were relatively few in population and thus could be easily subdued, (Oronto and Okonta, 2000, p.41). They therefore concluded that this is exactly what the Nigerian military junta has done beginning from the mid eighties when the people of the Niger delta began to mounting their voices in protest (Oronto and Okonta, 2000, p.41).Following in the next chapter therefore is a enlarge report on the activities o f the select multinationals with particular reference to their corporate social responsibility (CSR), on the one hand, and their alleged collusion with the authorities to perpetrate gross human rights violations against the host communities, on the other. However business and operating principles will first of all be examined before delving into the detailed report.Chapter 3Operating PrinciplesThe voluntary principles on security and human rights are a unique tripartite, multi stakeholder initiative established in 2000 that introduced a set of principles to guide extractive companies in maintaining the safety and security of their operations within an operating modelling that ensures respect for human rights and fundamental freedoms. The voluntary principles address three main areas risk management, interactions between companies and public security and interaction between companies and private securityVoluntary principles on security and human rights, 2000Prior to this time, shell which was the first multinational to start exploration in Nigeria had to abide by the 1948 universal declaration of human rights which called on all, including companies to respect the rights of individuals. However there were no concrete laws in the nation at the time as regards exploration and exploitation, therefore SPDC formed its own set of principles to which it conducted its operations in 1979 (SPDC, 2003). Subsequently other multinationals in this review (Exxon Mobil, and Chevron) began their operations within the nation in 1955 and 1913 respectively with their own business principles that would guide their operations and several other treaties that they signed on to. One critical factor about their operating principles is that they appear to be similar in most of the various areas of human rights and CSR with well-nigh the same rules. SPDC for instance has in its portfolio a set of guiding principles apparently aimed at bringing development to the host communities in part icular and the entire environment of its operations generally, some of which areSustainable developmentResponsibility to the societyHealth, safety , and security topical anaesthetic communitiesCommunication and engagementShell argues that the above mentioned principles govern all of its operations and bodies within the country. For instance its business principles to society is to conduct business as responsible corporate members of society, to watch over with applicable laws and regulations, to support fundamental human rights in line with legitimate role of business, and to give proper regard to health, safety, and the environment(SPDC, 2009*). Principle 5 therefore guarantees health, while one which is regarded as primary in relation to this discourse is principle 6 which states thatShell companies aim to be good neighbours by continuously improving the ways in which we contribute directly or indirectly to the general eudaemonia of the communities within which we work. We manage the social impacts of our business activities carefully and work with others to heighten the benefits to local communities, and to mitigate any negative impacts from our activities. In addition, Shell companies take a constructive interest in societal matters, directly or indirectly related to our business. (SPDC, 2009)Similarly, ExxonMobil argues that its standards of business conducts provide a framework for their operations responsibly, and that they abide by the United Nations Declaration of Human rights as it applies to companies, the fundamental Principles and rights at work of 1998 ILO Declaration, and are active participants of the earlier stated voluntary principles on Security and Human rights and most recently the UN global compact (*). They also argue that they comply with all environmental laws and regulations and apply responsible standards where laws or regulations do not exist (ExxonMobil, 2009) interestingChevron also like the other companies in this review abides by the UNDHR, and has select certain treaties and covenants such as the ILO principles and rights at work, the UN global compact, as well as its own companys business operating principles which are all geared towards ensuring that it operates and maintains high standards in its activities in host countries/communities (*). According to the companys principles regarding respect for human rights, it maintains that it supports universal human rights and as such condemns human rights abuses (sec 1.27,p.29). Furthermore with regards to the environment,Corporate Policy 530 commits Chevron to comply with the letter and spirit of all environmental, health and safety laws and regulations (sec 1.4) P.14.With this said, a full detailed report of the human rights records of the multinationals under study will be reviewed.Spdc (Shell Petroleum Development Company)Unarguably one of the biggest and profitable companies in the world, Shell first began its global operations in 1907 as an offshoot of the British owned shell transport and trading company (STTC) and the royal Dutch petroleum company of the Netherlands(Okonta and Oronto,2000. P.62). Since then, the multinational has spread its wings to virtually all countries of the world, and this giant produces oil and gas in approximately 45 countries of the world with interests in other natural resources such as zinc, uranium coal mining and a host of others in about a hundred countries (ibid P.62). As measured by its business peers and even many of its adversaries, it is seen as an outstanding company (Doyle, 2002. see preface). SPDC was granted its exploration license in 1938 to prospect for oil throughout Nigeria (Okonta, Douglas, 2001, pp.37-39), and it teamed up with British Petroleum to open up the Nigerian oil Fields the first oil well being explored and drilled in Oloibiri in 1956 (ibid). On the 17th of February 1958, shells first official oil shipment from Oloibiri was made, producing an estimated 367,000 barrels a day. (*REVIEW SENTENCE)SPDC in its own ways has impacted positively and added jimmy to the lives of the citizens, for example through the annual shell scholarship which is open to virtually all students in the Nigerian higher education system. Furthermore, shell was recognised as the first multinational to begin a HIV/ help in Nigeria intervention programme and thus this programme has reached most states in the federation*. SPDC has also sponsored several programmes such as IT and various digital learning programmes for schools in Nigeria. However for the most part, shell has built a few schools within the delta region one of which happened recently in Bayelsa state(*). In the area of compensation for environmental devastation and involvement with human rights abuse, SPDC, argues that it offers adequate clean up of the polluted environment and has compensated the best way it can (*REF). Most recently, the families of late ken Saro Wiwa and his colleagues were settled by the multina tional, however it was assumed by the general public as settlement for shells involvement with the case, shell on the contrary denied, and claimed that it was a addition gesture aimed at establishing a trust fund for Ogoni people (SPDC, 2009). Most recently, SPDC launched serial of business radio programs towards the economic development of the Niger Delta which would also use initiatives such as LIVEWIRE, telecommunications self employment programmes among others (Yusuf, 2009, p.A4)SPDC also claims to support and pay community development initiatives in the Niger Delta outside of its tax obligations. These initiatives are reportedly in the area of small business development (SPDC, 2009, p.1). In 2008, SPDC contributed $56.8 million to the over $158.2 million statutory disbursements to the NDDC by Shell-run operations, in addition to another(prenominal) $25.2 million SPDC contribution to an additional $84 million investment by operations run by SPDC in various development projects (ibid,p.1). SPDC also reportedly invested $2.25 Million in partnership with USAID Nigeria and the International Institute of tropic Agriculture in an $11.3 million project to develop cassava soil over a five year period. More than 3,200 farmers were said to have received training under this programme (ibid, p.2).However, it is generally believed that the exploitation and devastation of land of the people of the Niger delta began with the first discovery of crude in Oloibiri village in the Delta region of the then Eastern Nigeria in 1956.For the records, there was a 50-50 profit sharing agreement put in place by the Nigerian government and multinational oil companies at the time in short before Nigeria gained its independence from the British in 1960. Amidst all of this Nigeria had a series of changed governments including several military coups which gave room for corruption. Presently, shell accounts for about 50 percent of oil production in the country the bulk of it in the Nig er Delta with the attendant gas flaring, oil spillage, illegal building of canals and waste dumping that has brought the human ecosystem of the Delta area to a near-total collapse, destroying farmland, economic crops and fishing creeks*. While this degree of devastation, poverty, disease, sack of lives and property occurs in this area, unfortunately shell despite many covenants and treaties it has approved on corporate re