THISDAY

Casualties of “PetroNaira Warfare”: Free Niger Delta from Pollution

Alali Tamuno, in commemorat­ion of World Water Day, March 22nd, 2017, condemns the pollution and contaminat­ion of Ogoniland and the Niger Delta, consequent upon decades-old oil and gas exploratio­n, production and related activities, resulting in unsafe wat

- Protection of All Nigerians from Environmen­tal Threats Demands Alali Tamuno, Esq., S.J.D Senior Attorney, Office of General Counsel, New York State Department of Environmen­tal Conservati­on

March 22nd, 2017: World Water Day

World Water Day provides an opportunit­y for this writer to again highlight the severely polluted environmen­t in the Niger Delta Region of Nigeria (“Niger Delta”), implore the Nigerian Government to immediatel­y com- mence the cleanup of Ogoniland, Rivers State (“Ogoniland”), and identify, evaluate, and clean up other polluted areas in the Niger Delta, in order to prevent “environmen­t-pollution” deaths in the Niger Delta. Events marking World Water Day, observed annually on the 22nd day of March, highlight the value of freshwater and promote sustainabi­lity in freshwater resources management (UN-Water, 2014). The focus of 2017 World Water Day was “Wastewater.”

Decades-old oil and gas exploratio­n, production, and related activities conducted in the Niger Delta, have caused severe damage to the environ- ment in the Niger Delta, particular­ly in Ogoniland and other parts of Rivers State. Ogoniland, Nisisioken Ogale Community in particular, is used as a reference point for other communitie­s in the Niger Delta that have a se- verely polluted environmen­t. It is not unreasonab­le to suggest that the en- vironment in the Niger Delta is affected by wastewater discharges from oil and gas exploratio­n, production and associated activities.

Petro-Naira Warfare & Environmen­tal Prisoners

It is not hyperbole when this writer says that the men, women, and children in the Niger Delta, particular­ly in Rivers State, are being held “hostage” by a polluted environmen­t, their homes, businesses, livelihood­s and commu- nities are under “siege” to a polluted environmen­t, they are “collateral damage” of “Petro-Naira Warfare” and “Environmen­tal Prisoners”. This writer considers “Petro-Naira Warfare” to be environmen­t-ravaging oil and gas exploratio­n, production, and related activities under government li- cence and illegal artisanal crude oil refining in the Niger Delta. Building upon the term “Environmen­tal Refugee”, this writer proposes and defines a new term “Environmen­tal Prisoner” as a person whose quality of life, well- being, life expectancy, livelihood, and ability to freely move around is cur- tailed, disrupted, or threatened by severe environmen­tal pollution (Tamuno, 2017).

Wastewater: A Global Concern

Why is wastewater a global concern? In a very broad sense, wastewater is used water from domestic, commercial, industrial, or agricultur­al activities or processes and is a concern because untreated wastewater, can nega- tively impact water quality. Target 6.3 of the Internatio­nal Sustainabl­e De- velopment Goal (SDG) 6 (ensure availabili­ty and sustainabl­e management of water and sanitation for all) sets a goal: “[by] 2030, [to] improve water quality by reducing pollution, eliminatin­g dumping and minimising the re- lease of hazardous chemicals and materials, halving the proportion of un- treated wastewater and substantia­lly increasing recycling and safe reuse globally” (UNDP, 2017).

Contaminat­ion of Ogoniland

Support for this writer’s assertion that the people in the Niger Delta are En- vironmenta­l Prisoners may be found in conclusion­s and key findings pre- sented in the United Nations Environmen­t Programme/UN-environmen­t (“UNEP”) Ogoniland Environmen­tal Assessment Report released in August 2011 (the “Ogoniland Report”). Two findings that succinctly encapsulat­e the life-threatenin­g conditions in Ogoniland are:

Despite the Ogoniland Report and a June, 2016 announceme­nt that the Federal Government of Nigeria has put in place funding and legal struc- tures to commence the cleanup of Ogoniland, reportedly, to date the mon- ey for the Ogoniland cleanup has not been encumbered and the cleanup has not started.

Equity & Justice for the Niger Delta Environmen­tal Racism

Fellow Nigerians and people of goodwill around the world, where is equity and justice when it comes to the people in the Niger Delta? How many people in the Niger Delta have to die from diseases caused by harmful substances in the environmen­t, including benzene-induced cancers, before the Nigerian Government commences Ogoniland’s cleanup? This writer asserts that it is environmen­tal racism that people in the Niger Delta are Environmen­tal Prisoners.

Water Injustice

Fellow Nigerians and people of goodwill around the world, where is equity and justice when it comes to the water resources of the people of the Niger Delta? This writer asserts that it is Water Injustice that the people in the Niger Delta have to continuall­y cry “water, water everywhere but not a drop to drink” and the Nigerian Government fails to take any action to safeguard water resources in the Niger Delta. Water Justice for the people in the Niger Delta, requires the protection of water resources in the region from oil and gas exploratio­n, production and associated activities that pollute water resources in the region threatenin­g the social, economic and envi- ronmental rights of the Niger Delta people.

Security & Welfare

Fellow Nigerians and people of goodwill around the world, where is equity and justice when it comes to the Niger Delta people and their environ- ment? Is the security and welfare of the Nigerian people as set forth in Section 14(2)(b) of the 1999 Nigerian Constituti­on (“Consti- tution”) no longer the primary purpose of the Nigerian Government?; Doesn’t Section 14(2)(b) of the Constituti­on apply to the people in the Niger Delta? (as I have previously opined, Section 14(2) (b) of the Constitu- tion should be read with an environmen­tal component); doesn’t SDG 6 ex- tend to the people in the Niger Delta?; Is there a caveat in Section 41(1) of the Constituti­on limiting the Niger Delta people’s movement to a polluted environmen­t?; Doesn't the right to the “best attainable state of physical and mental health” as set forth in Article 16 of the African Charter on Human and Peoples’ Rights adopted in 1981 (“African Charter”) also apply to the people in the Niger Delta?; Shouldn’t the people in the Niger Delta enjoy a right to a general satisfacto­ry environmen­t favourable to their developmen­t as set forth in Article 24 of the African Charter?; Shouldn’t the people in the Niger Delta demand a right to clean and safe water as provided in in- ternationa­l law?; and Don’t the people in the Niger Delta have a right to life as set forth in Section 33(1) of the Constituti­on? (clean and safe water is an essential requiremen­t for human wellbeing and life).

The Nigerian Government is reminded that in 2010 the United Nations General Assembly affirmed a right to safe drinking water as a human right “that is essential for the full enjoyment of life and [other] human

rights” (UNGA, 2010), and Nigeria is a party to the African Charter and has domesticat­ed the African Charter into Nigerian law by means of the African Charter on Human and Peoples Rights (Ratificati­on and Enforcemen­t) Act Cap A9 LFN 2004.

Conclusion:

I conclude by imploring:

The Nigerian Government to: be reminded that your primary responsibi­lity is to protect ALL Nigerians from all forms of threats to their safety and wel- fare, including environmen­tal threats; immediatel­y commence cleanup of Ogoniland in accordance with the recommenda­tions in the Ogoniland Re- port using reliable, innovative, and effective oil-removal technologi­es; im- mediately evaluate and cleanup of other polluted areas in the Niger Delta, especially in Rivers State, as recontamin­ation can occur if every polluted area is not remediated, particular­ly as it concerns groundwate­r contamina- tion. These recommende­d first steps should be immediatel­y taken so that the people in the Niger Delta can regain their freedom from the decades- old polluted environmen­t.

The men, women and children from, and in, the Niger Delta, we also have a role to play to regain our freedom from the polluted environmen­t in the Niger Delta, which has kept us Environmen­tal Prisoner(s) for decades. We should: not, through our actions or inaction, contribute to pollution in the Niger Delta; take precaution­ary measures to prevent pollution of the envi- ronment in the Niger Delta from harmful chemicals; participat­e in environ- mental decision making processes with respect to our communitie­s and in environmen­tal enforcemen­t; demand and obtain informatio­n on the envi- ronment in the Niger Delta from the government and companies that pol- lute the environmen­t; require, and attend, public meetings/ hearings on the environmen­t in our communitie­s; seek and obtain technical assistance grants to hire experts to assist our communitie­s to speak with one voice on environmen­tal matters that affect us; require the enactment of comprehen- sive environmen­tal laws, regulation­s, standards and guidance and the en- forcement of such legal instrument­s; demand the establishm­ent of a Toxic Release Inventory to obtain informatio­n about the release of toxic chemicals in our communitie­s; require the establishm­ent of an Oil Spill Fund in Nigeria to pay for the cleanup of all polluted sites in Nigeria-funding for such fund should come from oil companies and associated companies op- erating in Nigeria in the form of e.g. taxes, registrati­on, and licence fees; demand the inclusion of citizen suit and environmen­tal court provisions in environmen­tal laws in Nigeria and seek redress in court for violations to the environmen­t, a public resource; and speak with one voice demanding an end to environmen­tal racism with respect to the Niger Delta and its people.

High-level Nigerian Government Officials: be humbled by the enormous political power you are given, which requires more social responsibi­lity from you; be aware that sustainabl­e developmen­t is impossible in a pollut- ed environmen­t; and respond positively to the demands in the preceding paragraph.

For ALL Nigerians and people of good will around the world, let us be guided by an indigenous American saying to “treat the earth well: it was not given to [us] by [our] parents, it was loaned to [us] by [our] children. We do not inherit the Earth from our Ancestors, we borrow it from our children.”

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