Original file is at: http://www.mcspotlight.org/beyond/delta2_nov96.html
Ken Saro-WiwaThose of us present at the launch of the ogoni community association - UK in 1994 never dreamt that it was to be the last time we would meet Ken. Though we knew he was returning to the dangers of Nigeria, farewells were light, filled with the belief that his resilience would never let him down. I don't believe it ever did. From the early 1990's until November 9th last year, Ken's assertions concerning the situation in Ogoni were regarded by many as self-serving exaggerations. Prominent amongst them was the violence that the military would unleash in order to suppress their peaceful movement for a clean environment and social equity. At a meeting of Ogoni leaders in Bori on October 3rd, 1993, he said, "The extermination of Ogoni people appears to be official policy." Ken's choice of words in describing Shell's operations as "ecological genocide" and "developmental racism" were also in some parties patronisingly regarded as an author's use of hyperbole. In the last year since the murder of the 9 Ogoni activists only the grossly ignorant cannot see that his statements have been vindicated. For the month of November 1995, world attention was focussed on Nigeria. There were strong words and pledges of action from the Commonwealth. But the inexorable greed of international investment and the short attention span of the fickle media ensured no government would carry out promises of justice. The Nigerian military hoped that by killing the articulate voice of Ogoni they would destroy the campaign. They were wrong. Far from stifling the Ogoni spirit they further fuelled their determination to win human and environmental rights. Throughout the rest of the world spontaneous expressions of grief and outrage at the action of the military and the inaction of Shell immediately followed the murders. Despite their denials to the contrary, Shell could have prevented the executions. Brian Anderson, head of Shell Nigeria, admitted to Dr Owens Wiwa that to get Ken released from prison was difficult but not impossible. They chose not to and as a result are now inextricably linked to his death. Because the nature of Shell in Nigeria has changed from unaccountable corporation to quasi- government the company must now accept the responsibilities that come with that role. We owe it to all Ogoni, those living as well as the murdered, that this is achieved. Our support for their struggle must remain undiminished. I didn't know those who were murdered alongside Ken, but for all of them, one day, Ogoni will reclaim its gentle souls and the palm wine will be drunk with honour, respect and celebration. Shelley Braithwaite DELTA remembers Ken Saro-WiwaNick Ashton-Jones "My husband will have to work for Shell for a few more years, darling, so that we can afford to buy a house in France and retire." And on a dreary and impersonal morning on the 10th November 1995, Ken Saro-Wiwa and eight other decent and quite ordinary men were hanged. They were hanged in a rushed and rather inefficient fashion by men who were nervous and uneasy themselves; by men who wanted to get the job over; and by men who made a bit of a joke of the job because they were afraid. They were hanged because they were a nuisance. They were hanged because they had threatened to stand between greedy men and their easy access to easy money. But above all they were hanged because a hugely powerful oil company, Shell, does not care; it cares more about a house in France than for people's lives. Can Shell care? Can Shell show humanity? Shell is a big transnational company; maybe the biggest on Earth. So how can a company care? How can a company have human feelings? It can. It can because Shell is an organisation made up of people: thousands of men and women who work for it; who own shares in it or who benefit from other organisations who own shares in it; and who benefit from the oil that Shell so ruthlessly exploits. A company cannot care but the people who make up the company can care. And if they do not care them they lose their humanity every bit as much as Ken and so many other Ogoni people have lost their lives. They have allowed Shell to take away their humanity. And without humanity our lives are worthless. We may wear fine clothes, and mouth fine words; we may live in big houses and have big ideas. But if we do not care then we forfeit our right to humanity. Ken Saro-Wiwa was no saint: like all of us he was a man of contradictions and vanities; he could inspire hatred, it seems, as easily as he could inspire love. But he rose a little bit above the rest of us for two reasons. First because he was a natural-born leader who was able to make us feel that we mattered, and because undoubtedly the world feels less without him. And second, because he cared. And it was his caring which in the end made him great. Right at the end he was brave and not bitter, because he cared. He cared for the other decent frightened men who died with him (men who were just as brave as he because it is by facing and overcoming fear which makes men brave, not the lack of fear). He cared even for his captors and his tormentors; and in the end DELTA believes he cared for the poor men and women who make up the Shell company and who have lost their humanity because they do not care. Perhaps DELTA readers want to say 'Damn you Shell!' Damn you Shell for what you stand for. Damn you Shell for what you have done and for what you are doing. Damn you Shell because what you are doing in Nigeria is debasing and devaluing all humanity, all of us. Damn you Shell because you do not care. Perhaps DELTA readers want to consign Shell to eternal damnation. But what is the point of damning Shell? Shell has no humanity and thus has no place in hell: hell is for us. If we do not care, then we are Shell: we are in hell because by not caring we have lost touch with our own humanity. Ken reminded us that by caring we become human. By caring regardless of how pointless and hopeless caring seems to be in the face of the inhumanity of Shell. Nonetheless if we claim our humanity we must care. Care for our brothers and sisters, care for ourselves and care for the Earth. Caring for the sake of caring is what counts and Ken reminded us in his death that caring works and can change the world. We care for the unknown grandmother and the unborn baby in the Niger Delta; and we care for the Earth. If we did not care for these things we would not be DELTA. But let us care for some more, as I am sure Ken would have cared. Let us care for the staff and shareholders of Shell because it is they who are losing their humanity by not caring: they are consigning themselves to Hell. I am not talking about the ordinary Nigerian staff who need to work for Shell because Shell has impoverished their country. I mean the fat cats to whom a flashy suit, and a house in Surrey or France are more important than the lives of ordinary Nigerians. These are the people who in their ignorance, arrogance and poverty of spirit make Shell careless and inhumane. We must make Shell care. We must make Shell care by never allowing Shell staff to feel good about themselves or about the monster for which they work and from which they make their money. Shell staff cannot be allowed to isolate themselves from the evil inhuman monster that is Shell. Being made to care can be painful but in the end it is better for everyone and certainly it will be better for the people of Ogoni and the rest of Niger Delta. Let us never, never forget Ken Saro-Wiwa and the men who died with him, and why they had to die. Let us not forget that as we read this now men and women all over the world are suffering imprisonment, torture and death because of the damn house in France and because no-one cares. Let us care.
Shell and the death of Ken Saro-WiwaOwens Wiwa Ken Saro-Wiwa, my brother, was murdered in a Nigerian jail a year ago because he was a vocal - and effective - environmentalist dedicated to cleaning up the devastation from Shell's exploitation in the Ogoni region. He was a man of peace whose only crime was opposing the racist standard of the Shell group in their dealings with sub-Saharan Africa. Contrary to their claims, my brother was never a political threat to the Nigerian State. He never thought of secession; he defended his country when it mattered most: during the secessionist war of Biafra, he was at the Nigerian frontside taking care of refugees. Because of Ken's antipathy to that war, at the age of 10 years I spent eight months in Biafran military prison with my other brothers and sisters - and also our mother. It is instructive that Mr. Ojukwu (the Biafran secessionist leader), whose appetite for oil resources wasted one million lives, is now one of General Abacha's advisers. But Ken was a threat to Shell's profits at Ogoni expense. He wanted the pipelines of death - which threaten our homes, ruin our fields, contaminate our drinking water - put underground or removed. He wanted to prevent the overwhelming incidences of lung cancer, asthma and bronchitis which I struggled to treat. He wanted to stop what he called the 'ecological war' against the Ogoni, the 'slow genocide' where there's little blood spilt but the deaths continue. Shell's reaction to my brother's pleas were to respond not to his concerns, but to him. On 4 January 1993, 300,000 Ogoni people protested non-violently against the environmental devastation caused by Shell. The non-violent nature of the match showed the quality of Ken Saro-Wiwa's leadership and the discipline of the Ogoni people. On 16 February 1993, Shell headquarters in London and the Hague decided to monitor Ken's activities, as documented in a memo. Just 16 days later, Ken was arrested for the first time. It took four more arrests (and releases when trumped-up charges would not stick) to succeed in the company's ultimate goal: the final censorship of our protector and my dearest friend. We have affidavits from two prosecution witnesses saying they were bribed and threatened by Shell representatives to give false witness against Ken during his trial. Shell had a lawyer in court throughout the trial, a lawyer who was a close friend of the tribunal chairman and who, as attorney general of Rivers State in 1990, had dismissed a judicial enquiry urging prosecution of security officers for the death of 80 Umuechem people killed when Shell called in Mobile Police to quell non-violent protest. A military officer on Shell's payroll, Lt. Col. Paul Okuntimo, was also present at the tribunal to ensure that those bribed said what they were told to say or be, in his threats, "wasted". Three days after Ken's death, Shell announced the construction of a US$ 4.3 billion LNG project in partnership with the ruling generals. A reward to the military or just a coincidence? How implicated is Shell in my brother's death? At the least, the company could have used its enormous influence to prevent his death; oil counts for 80% of Nigeria's export income and Shell pumps more than 900,000 barrels a day from the Delta. It is absurd for Shell to claim it is not involved in supporting the government when their memos document the company requesting military 'assistance as usual' - or when my patients report seeing troops transported on Shell river boats. These troops, who were transported across the Andoni River armed with weapons bought by Shell, massacred hundreds of Ogonis and destroyed several villages. Shell and the illegal military dictatorship in Nigeria called these actions 'ethnic clashes' to the world. I personally saw a Shell-hired helicopter involved in one such military action. Ken predicted he would be silenced. In October 1993 he told me that the only way Shell could get at him would be to frame a murder charge against him. He believed that his reputation as a man of peace and his commitment to non-violence would make it difficult. Shell says that we are a violent organisation. Nothing could be further from the truth. I ask you, if we are a violent organisation then why is it that over 2000 Ogoni people are dead today, and not one person from Shell or the Nigerian military has died? When my brother was killed over 100,000 Ogoni people decided to defy a military ban on mourning and gather peacefully wearing black; the result was six more people killed by the Nigerian military. My brother understood and taught all of us that although the non-violent path is longer, it is our only hope in the end. We still dedicate ourselves to non-violence. Our only weapon is to call for a consumer boycott of Shell products and to press for an embargo against all Nigerian oil. This, we believe, is the most effective way of breaking the evil alliance between Shell and the brutal Abacha dictatorship which kills writers, jails journalists, and stifles democracy. The oil you are buying - people are dying for it. I have been asked if I realise how much it would cost to put Shell's corroded pipelins below ground; miles of pipes criss-crossing the Niger Delta would reach from London to New York if put end to end. But whatever amount it costs is not worth the life of my brother - or of the thousands of Ogonis dying slowly from oil pollution. I believe Shell's money is blood money.
Free the Ogoni 19The Ogoni 19 are hostages of Nigeria's illegal military regime, held because their demands for environmental and human rights threaten the regime's main source of funds: Shell's oil extraction from the Niger Delta, particularly Ogoniland. Arrested in 1994 and 1995 for the alleged murder of four Ogoni chiefs, they await the same Special Military Tribunal which killed Ken Saro-Wiwa and his eight colleagues. The 19 are currently in Port Harcourt prison in appalling conditions. Shell is responsible for the arrests and torture of two of the hostages: Defence Counsel for the Ogoni 19, Robert Azibaola, reported on August 2, "It was revealed to me that some of them were arrested by SHELL'S POLICE in Oron fishing settlement, Akwa Ibom State, and tortured by the company's police and later transferred by the company to Kpor detention camp, Rivers State." Letters smuggled out of the prison detail the conditions and state of health of the 19.
Ogoniland updateFurther militarisation of Ogoni is continuing in the few days before the anniversary of the executions of Ken Saro-Wiwa and his colleagues on November 10. The MOSOP message is reaching other parts of the country as the Ogonis' fight is increasingly being seen as relevant to all Nigerians. There is now a nationwide curfew: demonstrations are banned across the whole of Nigeria. And foreign journalists - unless Shell-sponsored - cannot enter easily. From October 21-23 half a batallion of soldiers and 300 State Security Service (SSS) men were sent into Ogoni in preparation for the likely strength of feeling concerning the anniversary. Major Obi Umahi, head of the Internal Security Task Force in Ogoni, summoned all traditional rulers and village chiefs to Bori on Tuesday October 29. He warned them that gatherings of more than two people would not be tolerated from now until December, and called on them to inform the public using town criers that no memorial services would be accepted, nor any activity relating to the Ogoni 9. The chiefs are being threatened with violence if any social functions or gatherings should take place in their villages, and soldiers are currently driving through villages harrassing people. The annual new yam festival at K-Dere was banned on Friday November 1 because the gathering of villagers might boost the morale of the Ogonis in the lead up to November 10. Other cultural events have been stopped too. On Saturday 2 Major Umahi arrested, tortured and held overnight in Bori a group of 60 students from Zaakpon whom he met along his route. He said he detained the students, who were on a cross-country run, because they were exercising themselves in prepration to honour Ken Saro-Wiwa. Around 20 other Ogonis are still detained and activists are being hunted. On Monday 4 Police Commissioner for Rivers State Mukhta Alkali banned all public demonstrations, warning that any which went ahead would be "dealt with ruthlessly". Gatherings of more than two people are banned. Alkali said that information held by the state police indicates that meetings, rallies and violent demonstrations were being planned. But he assured 'law-abiding' citizens of their continued protection. MOSOP called for quiet observation of the anniversary of the executions, and a week-long program of fasting, prayer and song, and a night vigil. The organisation requests a minute's silence from all Ogoni and their international supporters at 12 noon on Sunday November 10, the moment of the executions last year. Robert Azibaola of ND-HERO (Niger Delta Human and Environmental Resource Organisation) affirmed that action would be taken throughout all of Rivers State. International grassroots actionAt the time of writing, just before the anniversary date, boycott campaigns, vigils, mock hangings and actions at Shell offices and petrol stations are being planned worldwide. Hundreds of Shell garages are already facing pickets. And for success it is crucial for everyone to internationalise the campaign still further, to network information and pass on inspiration. In the Netherlands tension around the campaign is very high. Interviews on the radio and TV, and front-page articles in newspapers is keeping the issue alive and forcing Shell to respond to the campaigners' agenda. It has been confirmed that garage staff get paid by Shell to compensate for loss of earnings through actions; and they have even been given an 'emergency number' at Shell to ring if any protesters turn up. A silent march to the Shell headquarters in the Hague is planned for November 10. Irish groups are planning a series of events including a Body Shop supported live global Internet link-up. There has been much good support work done at the grassroots and governmental levels over the past year. The positive influence of German Green MP Christa Nickels and her work for a Shell-free city of Aachen is likely to spread, and German churches are coming together on the issue. Good networking in Slovakia has brought about the planned pickets of many of the country's Shell garages, and countless other pickets and a diverse range of events have already begun from Sweden to Australia. Owens Wiwa has been speaking at universities across the US, and Ogoni Solidarity Networks have been set up in each one visited. Shell has meanwhile been meeting with demonstrators and encouraging them to stop their planned protests. Washington will host a huge action. The ABC Network featured a five-minute slot on Ogoni and actually managed to get an interview with Abacha - a man who normally only looks in the mirror and at his gun. Ten Shell garages were picketed simultaneously in Vancouver, Canada, on Friday 8, and all major churches will be mentioning Ken on November 10 in the spirit of remembrance. Toronto will be hosting a conference on 'social responsibility and transnationals' and an ambitious African Night on the Friday November 15. ... and the higher echelonsDr Wiwa is calling on the US government to follow Canada's "moral leadership" concerning sanctions, and for both governments to impose a full oil embargo. Canada has been very clear in its condemnation of the Nigerian government, and unilaterally imposed sanctions in June 1996 due to frustration with the Commonwealth Ministerial Action Group (CMAG). MOSOP complained that the Commonwealth was letting the Nigerian government dictate the pace of its inaction by allowing increasing delays to the planned CMAG visit to Nigeria. The Canadians pointed out that Abacha had no intention of changing and that any genuine 'transition' to democracy was an illusion; the CMAG failed to agree on any sanctions, however. The re-scheduled CMAG visit is now confirmed for mid-November 1996. The US is still blocking progress despite some promising signs such as the government's human rights official John Shattuck's call for more pressure on Nigeria. The country happens to use over 40% of Nigeria's total oil output, and is keen to ensure a diversity of sources of oil supply to protect its economic strength. Besides, there are too many unsavoury governments with economic sanctions imposed that plugging one more big-time source of black gold could leave the oil-based consumer economy high-and-dry. There are no 'frontline states' facing and challenging Nigeria. It has successfully co-opted neighbouring African governments using political and economic leverage, creating surrogate states. South Africa is unwilling to act alone to challenge Nigeria, and Boutros Boutros-Ghali is pressurising it not to challenge. Although South Africa has in fact got virtually no trade links with Nigeria, certain South African officials seem to think that as a previous Nigerian government supported the ANC they still 'owe' the country something. But they are clearly confusing Nigeria and its people with the current illegal and brutal dictatorship, who are owed nothing. The UN fact-finding mission to Nigeria recommended against further sanctions in its report this summer. MOSOP denounced the report for its lack of comments on extra-judicial killings in Ogoni. By the end of October over 10 Ogonis were still hiding in the bush after having suffered incessant raids in retribution for speaking with the team. The remaining prisoners arrested at the time, when MOSOP again showed its strength, were released at the end of August. Shell slips in through the back doorAs attention focuses again on the murder of the Ogoni 9, the imprisonment of the Ogoni 19 and the current military build-up in Ogoni, Shell has announced diversionary grand plans of 'community development aid'. It intends to take over the Gokana hospital in Terabor, Ogoni, where the Rivers State government in collaboration with Shell installed their 'stooge' as chair of local government in sham local election earlier this year (A.M. News, 4.6.96). Shell claimed to have consulted with MOSOP but in fact only spoke to a former representative. "For any planned community development program to be meaningful and sustainable, it has to be embarked upon with the full agreement and participation of the community, who would determine what the needs and priorities of the people are, and not those defined by Shell executives for public relations gimmick", said MOSOP. Dr Owens Wiwa added that the Shell involvement in Gokana hospital is a sham: "This is like trying to put a dirty bandage over a cancerous wound." Shell's approach is seen by many to be a way of getting into Ogoni via the back door. Or perhaps it is to make up for the community hospital they bulldozed six years ago in order to build an access road, and which they never rebuilt. A Shell International team is currently in Nigeria to review the company's activities and operations. It will be visiting Ogoni despite the fact that Shell is still persona non grata. The company says it has no plans to resume operations in Ogoni - or not until full discussion with all Ogoni communities brings agreement. But they have been planning their return to Ogoni: discussing with certain pro-government Ogoni chiefs and chairs of Community Development Committees who do not represent the people as a whole, but who may now benefit from a position in the corrupt oil development commission OMPADEC. This October MOSOP claimed that Shell has been offering N50,000 for each signature which invites the company back in by December 1996. Indeed, the Daily Sunray (29.7.96) reported that Shell will soon reopen their operations in Ogoni, and quotes Governor of Rivers State Lt. Col. Dauda Komo who said that the government has been discussing this with Shell. MOSOP reports that further meetings between Shell and select Ogoni chiefs, other pro-government elements and government officials took place on October 12 and 24 in Port Harcourt and the Rivers State Secretariat, respectively. These were also to discuss Shell's return. Miss Priscilla Vikue vowed to ensure that who ever opposes Shell's return is summarily eliminated, and boasted that having eliminated Saro-Wiwa no Ogoni could prove difficult. The Internal Security Task Force has a list of MOSOP activists and sympathisers who are being hunted, and threats that people's names are on the list can bring in a bribe of N5000 a time. In further evidence of Shell's divide and rule tactics, MOSOP also claim that the company is behind the setting up of phoney organisations such as the pro-government, pro-Shell 'Youth Association of Ogoni Oil Producing Communities' (YAOPCO) which is calling for Shell's return - and offering bribes and paramilitary training to create a 'buffer unit' for security as Shell resumes operations. Head of the occupation army in Ogoni, Major Obi Umahi of the Internal Security Task Force, regularly lectures YAOPCO, which he personally launched this April, on how much Ogoni has lost with Shell's absence and on the 'evils' of MOSOP. Major Umahi has been appointed as a 'security adviser' to Shell on Ogoni issues, according to MOSOP. Umahi ordered military raids on Kegbara and Baranyonwa Dere in August where soldiers from the Task Force harrassed, arrested and tortured a number of innocent Ogonis and looted properties. Further attacks on individuals and communities continued throughout August, September and October, including the brutal beating to death of Joseph Kpakol. Umahi is also precipitating further 'communal clashes', while calling publicly for peace meetings. The genuine Ogoni youth group NYCOP warned Shell in September never to "return to Ogoniland through the backdoor and under whatever guise". It deplores the company's on-going "nocturnal dealings with cursed chiefs, faceless elders... and a dozen fabricated Ogoni youth culminating in Shell's sponsored signing of documents" calling for its return. NYCOP stated that Ogoni youths and the entire Ogoni people would resist non-violently any move into the area by Shell. The company must dialogue only with the people's mandated representatives: MOSOP.
Oil cash is leading to a healthier future, honestShell has been showing its human face again. Mrs Christina Ogbuyewe's one day old twins, pictured in the Shell 'Advertorial' in Africa Today (May/June 1996), would have certainly been born in a village hut - and not the superbly equipped Erhoike hospital - were it not for caring benevolent Shell and its joint venture partner. Allelujah! But wait! Look a little more closely and we can see that the human face is.... a mask! The woman in the photo is not Mrs Ogbuyewe, nor are the twins hers - nor are they one day old. And the hospital featured is in Egbema, not Erhoike. Shell Nigeria is now being sued by Chief Opara and his wife Jacinta, the real people in the photo, for defamation. Their solicitors state that the Advertorial was to publicise Shell's "saviour image at the expense, ridicule and injury" of the Opara's. They suggest that Shell apologises and pays N25m to the Opara's who will establish a fund for the welfare of the Niger Delta's exploited children. DELTA suggests they pay $30 billion. Free trips for a free pressShell's public image is crucial for the company. Sustained profits require a good level of morale in its workforce and protection of its market share. Along with countless repressive governments and irresponsible corporations Shell employs a team of amoral PR executives to improve its image and ensure that the company does not need to change any of its appalling practices. PR company Shandwick has now been hired. Shell has been arranging visas and sponsoring journalists' trips to Nigeria to help them see what is really going on over there. Dutch, German, British and other journalists have been visiting Shell installations and meeting Shell staff at Shell headquarters during these Shell trips. The program doesn't actually include much of a visit to the Niger Delta itself but they may see it by air; apparently it looks quite beautiful. Not everyone is prepared to let Shell sponsor their journalism, however. Two from the Toronto Star refused on ethical grounds, but are now having difficulty getting visas for their own trip out to Nigeria. Shell seems unable to agree to extending the visas for those who want to see a little more of the country while they are over there: campaigners have briefed some journalists on the full reality of the Niger Delta, and have suggested where they could visit to help build up a real picture. Some journalists have come back shocked at the company's arrogance and incompetance, at the hype of the many community projects which, actually, aren't ready yet. But no PR job is going to work 100%, and besides, Shell will soon know who are its enemies and who are its friends - very useful. The friends have a weakness for the saccharin taste of greenwash and have swallowed the lot. Undue environmental awarenessIn a letter to Friends of the Earth Netherlands and Greenpeace in July 1994, Shell stated that no new pipelines would be done worked on without Environmental Impact Assessments (EIA's) according to international standards as set out by the Federal Environment Protection Agency. Today Shell faces angry communities who find that no EIA's have been done after all. The company is even being sued over this irresponsibility. Communities in Akwa Ibom State, furious about environmental damage, have stopped Shell and Western Geophysical from continuing seismic surveys in their area until the two companies produce Environmental Impact Assessments. According to Theweek (7.10.96), Shell and Western Geophysical refused to do an EIA for the work, which is being done to find more gas for the newly confirmed LNG (Liquid Natural Gas) project, so as not to arouse "undue" environmental awareness amongst the people. Community representatives note that Shell has already caused severe destruction of houses, roads, and flora and fauna in the area. Furious at the double standards between the companies' practices and their environmental policy and principles, meetings were organised, 500 Western Geophysical workers went on strike for better conditions, and a blockade was mounted. Leaders in the regions of Eket and Uquo-Ibeno said that Shell and Western Geophysical would not be resuming work until an EIA is produced and the workers' demands had been settled adequately. Western Geophysical told Theweek that they had lost millions of naira as a result. But they had no intention of producing an EIA, or increasing the size of the workforce or the wages. Elsewhere, Mobil's EIA for part of the LNG project has been rejected by the Bonny and Finima communities and the Federal Environmental Protection Agency. FEPA has allowed the project to commence but has directed Mobil to comply with certain requirements before full operations begin. The Bonny Youth Federation has guaranteed to stop the work unless a proper EIA is produced, and Shell, Mobil and the Nigerian National Petroleum Company (NNPC) are currently being sued within Nigeria with regards to the lack of a comprehensive EIA. Furthermore, youths at Obite in Rivers State have also vowed to stop a gas project planned by Elf Petroleum Nigeria if that company doesn't produce an EIA. Investigations by Theweek indicate that environmental awareness in Rivers and Akwa Ibom State is high. Environmentalist Jasper Jumbo from Bonny said that "Ken Saro-Wiwa has paid a price for the environmental consciousness in our people now. We will never let him down." The Shell Wallpaper FactoryNjaja On the 8th of May, Shell International issued a press release describing a plan for action for a return to Ogoni. As is usual with Shell, the statements made in the release bore no relation to the reality in the field. The press release, like many others before and since, emanated from the Shell wallpaper factory in Waterloo Road, London. The factory serves the company's inward looking philosophy nicely. A philosophy which papers over the social, economic and environmental problems which face the people of Ogoni and of the whole Niger Delta. Problems which have been caused by a Nigerian oil industry dominated by Shell. Shell is a wealthy and internationally influential transnational company which is, by its very nature, more powerful than some governments because it is richer. Thus, the company is bound to accept that it has a moral duty to understand, to sympathise with and to support the people amongst whom it operates, who are, whether Shell likes it or not, its hosts. The interests of what Shell staff tend to call 'these people' are paramount, especially in a world where oil extraction is more likely, rather than less, to inconvenience (at the least) the local people. This is not a moral platitude but a political fact, and if Shell cannot realise that it must face its problems with more imagination than with public relations wallpaper then the company will continue to face problems. Moreover, if Shell ever wants to be able to be taken seriously by the people of Ogoni and by the other peoples of the Niger Delta it must face up to its past record in the region. The cupboards must be opened and the skeletons exposed otherwise Shell can never gain the trust of the local people that it so badly needs. The analogy is Germany in 1945: unless it could face up to its past, it had no future in the international community and could expect no sympathy. But the wallpaper keeps rolling out: one of the latest designs suggests that the Korokoro incident did not even happen! The Shell press statement and the plan for action it describes is wallpaper because it does not face up to the real problems of how oil extraction affects local people. In relation to Ogoni it continues to exemplify Shell's pig-headed inability to understand the locality. There are six reasons for this:
Shell still hesitant to admit performance problemsIrene Bloemink - Friends of the Earth Netherlands "We have to admit that we have made mistakes every now and then." Chairman of the Royal/Dutch group, Cor Herkstroter, was trying to look serious as he spoke to the Dutch press at a specially organised lecture in Amsterdam on October 11. "Dealing with contradictory expectations are dilemmas that multinationals are facing," he told the audience, "and we don't have a clear answer to this." Shell's language has changed. The we-know-what-is-best-for-the-world attitude seems to have made room for a more outward-looking perspective. As a result of recent major clashes with western society, over the Brent Spar and Nigeria, for example, the company suddenly realised it was living in an ivory tower and had become "somewhat isolated" from the rest of society, as Herkstroter put it. In the Netherlands this realisation has led to a massive 'society offensive'. The policy of sponsorship is no longer limited to motorised sports. Shell logos are found on soccer fields and within other sports. Managers have apparently been given orders to get involved in the media: Dutch newspapers and magazines are being flooded with phone-calls from Shell managers asking to become members of the Board. One journalist was asked by seven managers if they could be represented; amazement or downright irritation has been the response. The company has opened up no less than 250 web sites to invite people to put forward their expectations from multinational companies. And indeed, the company seems to be willing to communicate more and better with NGO's in the Netherlands. It actually responds to questions rather than providing standard PR answers. Notably absent in Herkstroter's speech, however, are the environmental performance problems in Nigeria and elsewhere in the world. As far as Nigeria is concerned the Shell boss only refers to human rights problems: "The company has been asked to solve the developmental and political problems of Nigeria." Shell does not seem to have taken note of the opinion of Nigerian and western groups that it is Shell itself who have contributed to the problems over natural resources in the Niger Delta, and is responsible for solving the conflicts it has created. The statement recognises that environmental and consumer groups in western countries have become more powerful, partly because they are quickly informed by modern communication techniques. Shell does not respond to the fact that these groups legitimately point to the environmental problems that it causes in different parts of the world. The dumping of the Brent Spar platform, for example, is still referred to as technologically right, just not accepted by society. Shell has realised that Greenpeace was stronger, but does not want to see that Greenpeace had a point in objecting to dumping as a structural solution to oil platforms. The double standards issue is largely avoided by Shell. "Moral imperialists" is how Herkstroter refers to people calling for western [environmental] standards in other countries. The company does not seem to realise that, if environmentally sound technology is available, this should be applied worldwide, including in countries which don't have regulations or don't enforce the law. Nnimmo Bassey, director of the Nigerian Environmental Rights Action, said during his recent visit to the Netherlands; "Shell has cleaned up its language, but not the environment." As long as Shell does not recognise that it has a major environmental performance problem, and primarily improves the communication with western NGO's, major clashes are likely to occur in the future between the company on the one hand, and environmental organisations and indigenous groups on the other.
Shareholder democracyShell held two simultaneous Annual General Meetings in London and the Hague this May, and protesters were out in force at both events to assert environmental and human rights in these particularly public fora. Friends of the Earth Netherlands and other activists took a large photograph of Ken Saro-Wiwa in with them, hoping to place it on an empty chair to watch the proceedings. As this was forbidden, they demanded to see a Shell official who walked into an excellent photo opportunity which featured the protesters handing over the image to him. During the meeting a good, heated debate with Herkstroter continued until he actually offered to meet with FoE and Greenpeace. The chair of the committee of managing directors spoke about how Shell is changing and reorganising, reviewing its health, safety and environmental standards, and about how proud he is of what Shell does. He mentioned the LNG project and claimed that it would reduce gas flaring by 40% by 1998, but Shell technicians say that this is absolutely impossible: perhaps 15-20% by 2000-2005 is feasible, no more. Herkstroter denied that they have a paid police force, offering that they just have an intelligence team working there. In London a large vocal and musical demonstration alongside a gallows with images of the Ogoni 19 continued outside while dissident shareholders entered - or rather tried to enter - the venue: DELTA had bought 30 shares for concerned shareholders to register their opposition to company policy, but Shell seemed to be delaying the transfer of the shares into individuals' names. Three times on the morning of the AGM were Shell telephoned to see whether the transfer had happened so they could participate. A spokeswoman said that they were urgently looking for the documents but they seemed to be still in the post or moving between departments. She was very apologetic - these things do happen. Finally, just 20 minutes before the start, they found them, and the fifteen shareholders could get into their company's AGM. At the very back of the hall and out of the way., of course. John Jennings was asked near the beginning the excellent question of whether he would like to call for a minute's silence for Ken Saro-Wiwa and the other Ogonis killed last November. The man hesitated and stumbled in his speech but realised that he just had to say yes. Certainly all the shareholders seemed to be aware of the issue of Nigeria. Jennings described some of the company's community-based work, and confirmed that Shell would talk to MOSOP. He emphasised that Shell wouldn't work behind a security shield, but wouldn't call for the demilitarisation of the Niger Delta: "It's improper to interfere in the political process", or to call for the release of the Ogoni 19, although they should of course have a fair trial. Accusations of arms imports by Shell were not answered satisfactorily, but the World in Action TV programs did the job. The statement by former senior Shell employee Mr Bopp van Dessel concerning double standards and poor environmental performance, as featured on World in Action that week was also addressed, and Jennings invited van Dessel to come back and see what Shell in Nigeria is like now. The one MOSOP representative at the meeting was treated poorly, with inadequate responses to questions about collusion with the regime, demilitarisation and reparations. MOSOP asked for Shell to "Clean-up its act, not its image".
The Ogoni Child:
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Black sheepShell has won one of the best prospecting licenses given by the Falkland Islands government for potentially huge reserves of oil beneath the fragile ecosystems of the South Atlantic islands. 12 other companies will benefit from the licenses, none Argentinian. However, a secret deal between the Argentinian navy and Rolls Royce to repair damage done during Thatcher's 'election war' of 1982 has kept them happy - particularly as the Argentinian government is still laying claims to the 'Malvinas'. |
Corporate WatchingThe long-awaited newsletter of Oxford-based Earth First! investigators 'Corporate Watch' has now been produced. For some interesting background on some of the dirtiest companies and their grassroots opposition, contact: Corporate Watch, Box E, 111 Magdalene Road, Oxford OX4 1RQ Tel: 01865 791391 |
'BP - formerly 'Britain at its Best' - has been accused of environmental destruction and of colluding with the ruthless Colombian army in gross violations of human rights. BP mines a £23 billion reserve of oil in the remote Casanare region of the country.
An unpublished official government report ordered by Colombian president Ernesto Samper and covered by the Observer on 20.10.96 details the behaviour of oil companies BP, Triton, Total and Ecopetrol (sic).
The report accuses BP of passing photographs and videos of local protesters to the army - which they fund to the tune of tens of millions of pounds - leading to killings, disappearances, torture and beatings. Striking BP employees have also been kidnapped and arrested. Colombia has the worst record of human rights in the western hemisphere, according to Human Rights Watch.
Senior spokesman for BP in London, Ian Stewart, dismissed the report as 'an ad hoc local thing', but added that he hadn't read it. Director of Corporate Relations, Richard Newton, denied the accusations but noted that "there are great opportunities for British companies" and that BP is "well-placed to make a positive contribution to Colombia's economic and social development." Indeed it is.
Labour MEP Richard Howitt tabled a motion at the European Parliament which called for Samper to publish the report and for oil companies to 'observe the highest respect for human rights and environmental protection'. They have all promised to do so from now on.
There is growing international anger at oil transnational investment in the brutal Burmese regime and its use of slavery to build the country's energy and tourist infrastructure.
An international consortium led by Total of France and Unocal of the US is using forced labour to construct a $1 billion pipeline from the Yadana gasfield across the Burmese peninsula to Thailand. The Bangkok Post of May 1995 estimated that thousands of villagers are subject to forced labour on the pipeline. The well-organised Burmese forced labour system draws on a pool of three million people, and 500,000 are estimated to be in slavery at any one time during the dry season, often in chains.
The pipeline will certainly cause massive damage and disruption to one of the last undefiled rainforests of south-east Asia and to the indigenous Mon, Karen and Tovoyan people. Most disturbingly, however, it will ensure finance to sustain the Burmese military, the State Law and Order Restoration Council (SLORC), which is notorious for its widespread and systematic abuse of human rights - including the massacre in 1988 of 8000 pro-democracy activists and the continuing use of forced labour.
An oil company executive cited in Infrastructure Finance (Feb / March 1996) but keen to remain anonymous, defended the use of forced labour as reasonable considering the country couldn't borrow money to build its infrastructure.
Many corporations clearly prefer working with brutal regimes for the stability and brutal efficiency they provide. Unocal's president, John Imle, says of SLORC, "What we look for is a government that delivers on its commitments. This one has." Shell's very own Mr Achebe has said of the Nigerian junta: "For a commercial company trying to make investments, you need a stable government. Dictatorships can give you that." And oil company analyst Mark Gilman of UBS is quoted in Infrastructure Finance saying, "There are a lot of folks in the industry who would rather deal with an authoritarian regime than with the chaos often associated with an emerging democracy."
Nevertheless, Unocal and Total insist that it is possible to do business ethically in Burma, and that commerce can be a civilising influence. John Imle has blamed campaigners against the pipeline for the military's atrocities.
The Centre for Constitutional Rights, however, believes otherwise, and this autumn has filed a lawsuit against SLORC, Unocal and Total.
The Centre for Constitutional Rights
Violations of international human rights law by individuals within government security forces and by organisations such as paramilitary units and corporations are increasingly being challenged by the victims in high-level legal actions.
Transnational corporations such as Unocal are increasingly being recognised as quasi-states and therefore, like the traditional nation-state, also subject to human rights legislation.
The US-based Centre for Constitutional Rights supports such individuals and progressive groups in such legal challenges to further struggles for economic, social and political justice. In 'An Activist's Guide: Bringing International Human Rights Claims in United States Courts', the CCR introduces the background behind such legal action:
"The inability to enforce human rights protection is perhaps the most glaring weakness of international law. As long as human rights abusers know that they are likely to escape punishment, people all over the world will continue to suffer gross human rights violations, with no justice and no redress. Governments should provide a means to obtain justice. In practice, however, political and economic interests often block state action. Where governments are unwilling to act, victims of human rights abuses and activists working with them must consider other means of redress which are less dependent upon the political process.
"Private legal action by individuals seeking monetary damages or injunctions may provide one alternative means to hold human rights abusers accountable.
"Some legal systems require that criminal prosecutions be initiated first or pose other barriers to such litigation; in the United States and other countries, however, it is possible to file civil actions independently, without any prior governmental involvement. US law also allows such lawsuits to be filed for abuses which took place in another country."
Other legislation from elsewhere in the world which also deals with human rights issues may be utilised if a particular case cannot be filed in the US.
The groundbreaking Filartiga case in 1980 brought the Paraguayan police officer Americo Norberto Pena-Irala successfully to court in the US for the torturing to death of 17 year old Joel Filartiga in Paraguay, and since then a number of multi-million dollar judgements have been brought against other human rights violators.
Although the money owed may not be easy to secure afterwards, plaintiffs consider a US court decision upholding their charges against the perpetrator of the crime to be a major victory in their struggle for justice. When successful, human rights issues are highlighted publicly, and the guilty are forced to answer for their crimes.
Further legislation has been introduced in the US since some of the early successful cases: victims of torture and relatives of those murdered around the world are now enabled to bring cases to court in the US.
Of course, the risks, the time and energy needed, and the dangers of losing the case - such as creating 'bad law' - need very careful consideration.
Current challenges include Doe v Karadic for murder, torture and brutal sexual assault in Bosnia-Herzegovina; and Doe v SLORC, Unocal, and Total with regard to corporate collusion with the Burmese dictatorship.
Contact:
CCR, 666 Broadway, New York, NY 10012
Tel: +1 212 614 6464 Fax: +1 212 614 6499
Mark Pieth is Professor of Criminal Law at Basel University, Switzerland, and Chairman of the OECD Working Group on Bribery in International Business Transactions.
Until recently the corrupting of 'third world' officials has been regarded as an economic necessity both by managers and politicians in the 'north'. Some have even attempted to defend this widespread practice with ideological arguments: "Is it up to companies of the industrialised world to act as missionaries and export our own morals to other parts of the world? We merely adapt to local customs." The cynicism of this reasoning is evident - not only because so-called 'grand corruption' by companies of the 'north' in developing countries has multiplied over the last ten years, but also because many mega-projects, the famous 'white elephants', would never have been attempted without the assistance of such corporations and the money-lending institutions. There is no doubt about the detrimental effects of the influx of large corruption-payments to the economy and the political system of the 'victim country': fragile democracy stands no chance so long as dictators receive funds to pay for allegiances.
For quite different reasons the 'north' is building up a front against international commercial corruption. Since 1977 the US has been punishing citizens, residents and particularly corporations corrupting abroad, in order to maintain the competitive clout of their own export industry. More recently other major industrialised countries are joining the US in order to "establish a level playing field of commerce" worldwide.
In June 1996 the prime-ministers of the G7-countries meeting in Lyon issued a public statement asking for the criminalisation of the bribery of a foreign official. One month earlier the ministers of 26 OECD countries adhered to a statement banning tax deductability of bribes worldwide. Since 1994 the OECD has been preparing a whole program of action against international commercial bribery, including new rules on bookkeeping and auditing of companies to raise standards of transparency.
Other international organisations are taking up the issue of international corruption too. Regional organisations like the OAS and the EU have very recently passed international treaties against corruption. The Council of Europe is preparing a comprehensive set of international instruments against corruption, and the World Bank has taken decisions to raise levels of awareness against it.
Even if this new activity is primarily motivated by a 'first world' agenda, it will have dramatic effects on countries like Nigeria: if companies continuing to corrupt Nigerian officials are publicly exposed and sanctioned internationally, if they risk criminal charges and loss of contracts in other regions of the world, they will develop a strong self-interest to stop large-scale bribery.
Roger Moody, co-founder of Partizans (People Against RTZ and Subsidiaries), argues that legal action to bring multinationals to book is not the way forward.
I bumped into my friend Pete1 today as he emerged from the newsagents clutching Guardian and fags. He'd just handed in his notice to one of the most prestigious firms specialising in environmental law, after anguishing over whether they were mainly in it for the kudos and the dosh. Now he wants to hit the corporate bastards2 where it hurts.
Mercurial lights were shining in his eyes. Wouldn't it be good if Shell could be brought to its knees in a British court? If only the world's biggest oil company were stripped to its barest assets after paying out massive compensation for environmental damage, land seizure, and complicity in murder. Oh, if only Shell could get religion and become a moral force!
None of this will happen of course. To be sure, Australia's biggest company, BHP, is now shelling out millions of dollars to 30,000 Indigenous Ok Tedi landowners in Papua New Guinea, after clogging up one of the country's biggest rivers with toxic tailings. But the case was settled out of court: lines formerly drawn, dissolved soon afterwards. RTZ may also get dragged screaming into the British High Court in a few months or years - charged with negligence leading to the severe diseasing of possibly hundreds of former workers at its huge Namibian uranium mine. And Tom Beanal, Agungme chair of the Lemasa community association in West Papua (Indonesian-occupied 'Irian Jaya') has just passed the first hurdle in a compensation claim for damages against US mining monster Freeport McMoran, which has ravaged his people's land and waterways for thirty years3.
Beanal is suing for US$6 million. Freeport pays Henry kissinger a tenth of this each year to act as their advisor and hit man with the US State Department.
We shouldn't minimise the publicity gains that can be made by a relatively miniscule community organisation, faced with unprecedentedly monolithic multinationals, and finally dragging its adversary before the bench.
But there is something disquieting to me in the grand gesture, the David versus Goliath scenario, played out by cross-dressed4 poseurs, looking like they've strayed from the set of Poldark, in order to debate how many angels were stabbed by a single pin. Britain's 'top ten' lawyers are paid a million quid a year. Even the average brief will take a ten percent that looks monstrously excessive to ordinary mortals. The silks then slide into the next bullring, the next corporate gameshow. This time around, though, they may be advising Tesco on how to sidestep planning regulations, or Allbright and Wilson on avoiding penalties for chemical discharges to the sea.
Legendary US lawyer, the late Bill Kunstler, once said, "I stand like a colossus with a foot in two camps. A marvellous position for getting screwed!" You can also piss from a great height - but on no-one in particular.
Certainly we can all use the law. People ought be able to use the law, and the poorer or more exploited they are, the more the courts should be open to them. Environmental law should mean just that: nowhere for the criminals to hide and cook up other ways of appropriating our commons for future devastation.5
The question is whether it should also mean tying up our hands and precious piggy banks in costly litigation, with only a handful of lawyers willing to act on a pro bono basis. Or whether plaintiffs should have to face serried ranks of so-called 'experts', slicing the finer points of which poison killed which fish, or whether this particulate choked how many crustaceans. ("Arguing about a church's eastward position," as Thomas Hardy put it in the mouth of Jude, "while all creation is groaning".)
And at the end of the day, even if the skirmish is won, the battle may be lost: the wider struggle for community control, the right to a full life for all living creatures; for a world where the cleaner earns no more than the chair; for one where the real obscenity isn't seen as a picture by Robert Mapplethorpe, but a pension of forty odd quid. Or where a man like Goldsmith - whingeing about the lack of democracy under Maastricht, while sitting on a fortune based on the merciless exploitation of forests and mines - would have to sell the Big Issue in order to pay for the rent.
It's not that we should disavow the legal system altogether. Sometimes, when we're attacked, there is no option but to fight back using legal tools (as Greenpeace London had to with McDonalds). But the great danger is that court action inexorably drives us to dilute our politics. The compromises may seem to be slight (debating whether a felled coco palm is worth $100 or five times as much). But the very act of agreeing to price the unpriceable, to commoditise the cultural, is a form of betrayal. It's not that you shouldn't put a price on any natural or social resource (Northern views of what Southerners are willing to sell are often highly selective in this respect). Rather, it is that the long term costs of the damage suffered - the sequestration of land, the undermining of community livelihoods, the displacement of traditional economies - are literally incalculable.
By rights, if Shell were sued for what it has done across the world, it should be out of business altogether. And it is not what it has done, but the very business of what it is - the secrecy with which it operates, the abusive acts it has to commit, the grotesque alignment of military and economic power to which it is pivotal, the unacceptable concentration of economic power - that should be in the dock.
More than a decade and a half ago, the German philosopher Hans Magnus Enzensberger, in a seminal essay on radical ecology, pointed to the growth of multinational corporatism. He described it not primarily as a creeping disorder of the body politic (with which everyone is now familiar), but much more insidiously as a usurping system which is dealing out the solutions to the very crises it creates. Appropriately, Enzensberger cited Shell as a major polluter on the one hand, and a busy propagator and purveyor of technical fixes for its transgressions on the other.
This was a fundamental lesson of the Brent Spar episode, which proved so damaging to Greenpeace credibility: the organisation had chosen just one field on which to do battle, and it turned out to be the wrong one. Instead of recognising the error, Greenpeace is now compounding it, finally throwing away any radical credentials it might have once possessed: forging 'alliances' between big business and the 'movement' it no longer represents, and holding seminars to bring the 'two sides' together. 'Greening' industry is a pretence which has been around a long time, but at least it could sometimes be tested in the field. 'Greenpeacing' commerce is far more insidious and destructive of human values: it delivers exactly what industry needs in order to survive its victims' wrath.
We may vaguely understand, if not forgive, when erstwhile 'green gurus' cross the floor. Tom Burke, former FoE director and Greenpeace adviser who now works for RTZ, dealing out the hints on how to combat the opposition, was probably never a true believer in the first place. But what to make now of Greenpeace Australia, which has allegedly mandated a worker to advise the Placer mining company on how to fend off the claims of Papua New Guinean villagers, suffering from poisoned waters downstream of the Porgera mine! It seems the organisation is supping with the devil, but dispensing with a spoon: more like engaging in mouth-to-mouth resuscitation.
More than ten years after Union Carbide's chemical holocaust at Bhopal in India, the company survives and prospers. Warren Anderson, its chair, has never been in the dock, let alone been prosecuted for manslaughter. Union Carbide long ago restructured, sold off some of its heavier long term liabilities (for example, its unique responsibility for military uranium processing in the US) and continues to metaphorically stomp over the graves and sickbeds of thousands of dead and dying people. Of course the company had to be sued; of course the battle to bring it to justice must continue.
But if any corporate enterprise should have been destroyed - lock, stock and barrel - surely this was it. The failure to do so must not be laid at the door of Bhopal activists, nor the legal lobbyists as such. The need for cash to save people from dying, to prevent them going blind, to rebuild something of their homes and livelihood - all these factors understandably powered the campaign to 'bring Union Carbide to justice'.
Ten years on, however, with derisory compensation, a case which still lumbers through the courts, and a chemical industry left unscathed by the biggest crisis it faced this century, the justification for taking the wrongdoer to court must, at the very least, be viewed with scepticism.
"What then to do?" In DELTA #3 Roger Moody puts forward some ideas for a methodical campaign to dismantle multinationals.
Disarmament made simpleFour women who disarmed a British Aerospace Hawk jet bound for Indonesia - using household hammers - were this summer acquitted of criminal damage by a jury sympathetic to pleas of moral justification. The jury at Liverpool Crown Court ruled that it was a legal act for someone to disarm military equipment if it is going to be used to break international law, in this case for further genocidal attacks on the East Timorese people. The women have now begun a private prosecution against BAe and the Department of Trade and Industry for their role in supplying Hawks to Indonesia's regime. |
Bronwen Manby
On September 27, 1996, Human Rights Watch/Africa, part of the New York-based international human rights organisation Human Rights Watch, published a report on Nigeria called Permanent Transition: Current Violations of Human Rights in Nigeria.
The report describes developments in Nigeria since the November 10, 1995 execution of Ken Saro-Wiwa and the eight other Ogoni activists who were convicted of murder after an unjust trial before a special tribunal.
HRW/Africa concludes that, despite its stated commitment to return Nigeria to elected civilian rule by October 1, 1998, the military government shows no signs of intending to leave power. The rights of Nigerians to free political activity are violated daily, including the rights to freedom of expression, assembly and association, freedom of movement, and freedom from arbitrary detention and trial.The security forces in Ogoniland and elsewhere persist in a longstanding pattern of human rights abuses. Head of state General Sani Abacha continues to hold in arbitrary detention the presumed winner of the June 12, 1993 elections, Chief M.K.O. Abiola. Nigeria appears to be in a state of permanent transition, still governed by the armed forces a decade after a programme to restore democracy was first announced by former head of state General Ibrahim Babangida.
Recent reforms announced by the government, including the restoration of a right to appeal to a higher court in some cases where it had been denied, the repeal of a decree preventing the courts from granting writs of habeas corpus in favor of detainees held without charge, and the creation of a human rights commission have had no effect in practice, and do not begin to address the need for fundamental reform and renewal. The transition programme announced on October 1, 1995, is already slipping behind schedule, while the conditions that have been set for political participation seem designed to exclude the great majority of credible and committed pro-democracy activists. Above all, the transition programme does not address the current status of the June 12, 1993 elections, the fairest in Nigeria's history, thus ignoring the central issue of Nigerian politics since the elections were annulled by the current regime. The report details the transition program, and the steps that have been taken towards its implementation to date, including an assessment of the unfree and unfair local government elections of March 1996. The report describes the impediments to free political activity that destroy the transition program's credibility, including the detention and imprisonment of opposition politicians, human rights and pro-democracy activists, trade unionists and journalists, as well as other restrictions on freedom of expression, assembly, association and movement. In the meantime, ordinary Nigerian citizens are regularly subjected to arbitrary detention and torture by the police, prison conditions are appalling, and forced evictions of market traders in Lagos have been carried out without any regard for due process, adding to Nigeria's army of dispossessed. Repressive legislation remains in place, including numerous decrees that prevent the courts from inquiring into the legality of acts carried out by the military government.
In July 1995, HRW/Africa published a report focusing on human rights violations in Ogoniland, called The Ogoni Crisis: A Case-Study of Military Repression in Southeastern Nigeria. The latest report includes a section on the current situation in Ogoniland, birthplace of executed minority rights activist Ken Saro-Wiwa, where repression continues. Nineteen Ogonis continue to face trial before the same Civil Disturbances Special Tribunal that convicted SaroWiwa and eight others and sentenced them to death in October 1995, executions later described by British Prime Minister John Major as "judicial murder." Others suspected to be sympathizers of Saro-Wiwa's organization, the Movement for the Survival of the Ogoni People (MOSOP), were detained after demonstrations on January 4, 1996, celebrated by the Ogonis as "Ogoni Day" since 1993; still more were detained in March and April 1996, before or during the visit of a fact-finding team sent by the U.N. secretary-general - despite assurances given to the U.N. by the Nigerian government that nobody would be victimized for attempting to speak to the team. It is virtually impossible for outsiders to visit Ogoniland, where army and Mobile Police maintain a heavy presence, without government consent. While the Nigerian government has put in place token efforts at "reconciliation" in Ogoniland, it has not made any move to pay compensation to the families of the executed activists, as recommended by the U.N. fact-finding team. The report also briefly considers the response of Shell Nigeria to the executions of the Ogoni Nine, and the allegations surrounding the involvement of Shell in importing weapons for the Nigerian police, for use in defending its installations in the Delta.
HRW/Africa observes that international attention has shifted from Nigeria during 1996, after an outcry following the November 1995 executions of the Ogoni Nine. Although sanctions imposed following the executions remain in force, as well as those put in place in 1993, no further measures have been imposed, despite the lack of genuine progress in returning the country to a civilian elected government. The Commonwealth, which suspended Nigeria from membership in November 1995, has halted the implementation of further sanctions recommended in April 1996 pending further discussions with the Nigerian government. It has agreed to send a fact-finding mission to Nigeria, despite failing to get guarantees from the Nigerians that the mission would be able to speak to political detainees, including Abiola. The Organization of African Unity has failed to take any measures against Nigeria, and the African Commission on Human and Peoples' Rights, which held an extraordinary session on Nigeria in December 1995, has yet to follow this up with further action or recommendations. The United States and the European Union, which imposed various measures in November and December 1995, including an arms embargo and visa restrictions, have stated that they prefer to act in concert in taking any further action, and have thus failed to do anything concrete since last year, while maintaining that all measures are still under consideration. Short-term economic considerations within Nigeria's largest trading partners appear to have taken over from the moral and political outrage expressed at the executions of the Ogoni Nine in the face of international pleas for clemency.
HRW/Africa believes that international pressure must be maintained and increased to ensure that the Nigerian government takes steps to improve the human rights situation. Detainees must be released, free political activity restored, the rule of law respected, and fundamental human rights guaranteed. Above all, further sanctions are necessary to ensure that Nigeria is returned to rule by an elected civilian government as soon as possible, and certainly well before the current proposed date of October 1, 1998.
Amongst the measures recommended are the extension of sanctions already imposed by the European Union and United States at U.N. Security Council level, so that they will bind all member states of the U.N., including a total arms embargo and visa restrictions for members of the government. HRW/Africa also recommends a freeze on the assets in other countries of members of the Nigerian armed or security forces or members of the Provisional Ruling Council or Federal Executive Council and their families. HRW/Africa calls on international bodies to research and publish reports on the Nigerian situation, including reports on the effectiveness of an oil embargo or other economic measures to bring about positive change.
Human Rights Watch calls specifically on Shell to clarify whether it is currently engaged in negotiations for the purchase of weapons for the Nigerian police and undertake not to make any such purchases now or in the future; to clarify the role and responsibilities of the "supernumerary police" that protect Shell installations and in particular their instructions with regard to the use of weapons; and to clarify the role, responsibilities and numbers of security guards employed by Shell itself, whether they are armed, and their instructions with regard to the use of weapons. HRW/Africa also calls on Shell to include explicit reference to the Universal Declaration of Human Rights in its General Business Principles, to publicly and privately condemn individual cases of violations of the Declaration, and to ensure that the Nigerian management of Shell is aware of the implications of support for international standards of human rights.
Copies of the Human Rights Watch/Africa report are available from:
Human Rights Watch, 33 Islington High Street, London N1 9LH
Tel: 0171 713 1995 / Fax: 0171 713 1800
A leading environmentalist and poet, Mr Nnimmo Bassey, was arrested at the beginning of June whilst on his way to a Friends of the Earth meeting in Ghana. 'Wanted' since 1994 for alleged involvement in anti-government demonstrations, he was held for over a month to 'remove him from circulation' for a while, and did not suffer torture.
International pressure on Shell had been increasing dramatically over the weeks preceeding his arrest. Grenada Television's World In Action documentaries 'The Price of Petrol' in May 1996 helped expose Shell's involvement in imports of arms to Nigeria and the massacres of peaceful anti-Shell protesters in Ogoni and elsewhere in the Niger Delta.
In a statement issued in Benin City, Nigeria, Chief Campaign Officer of Environmental Rights Action (ERA), Mr Uche Onyeagucha said: "Nnimmo has clearly been detained for his work on environmental and human rights. The abuse of these rights in Nigeria is undeniably linked to the presence of oil multinationals such as Shell which sustain the illegal and brutal military regime of General Abacha. It is no coincidence that his arrest comes at a time when Shell's corporate irresponsibility is in the spotlight again."
'Intercepted' is a collection of unpublished poems written by Nnimmo Bassey in detention this summer. DELTA is featuring a selection in each [printed] newsletter.
The Amnesty International National Student Speakers Tour is an annual event organised to bring high-profile speakers to universities across the country. Dr Owens Wiwa, MOSOP activist and brother of murdered Ken Saro-Wiwa, is the guest speaker for 1996. He will be touring from Monday 18 November - Sunday 1 December.
Contact Amnesty International for further details: tel 0171417 6374
e-mail nwarden@amnesty.org.uk
"I am free to talk here, but freedom is relative. You cannot be an Ogoni, talking about the need to stop environmental devastation in Ogoniland, and expect to be free. Once you leave your country, in the situation that we left, you are making a decision to be alive. What I decided to do is to talk, to see that those who remain have some safety and freedom in their lives. And since I am very lucky to be here, I must go on and talk." Dr Owens Wiwa
Amnesty write: "Owens Wiwa was involved in MOSOP from its inception, after experiencing the environmental problems in Ogoniland at first hand as a result of his position as a medical practitioner in Ogoniland. When people began arriving at his clinic with gunshot wounds he had to drive to Port Harcourt to get extra supplies of medical equipment. On the way he saw large numbers of people carrying bundles of clothes and other things on their heads. He was told that the army were shooting at their villages, burning their houses and killing people.
"Owens Wiwa has a dramatic and disturbing tale to tell: after taking a journalist to visit the villages, to witness the destruction, he was detained and charged with the arson of six villages and the mass murder of the inhabitants - the very crime which he had originally tried to report. He tells of his eventual release, his continued MOSOP activism and his escape from Nigeria on 13th November 1995, three days after Ken was hanged.
"Since being in Britain, Owens has been disappointed at the UK government's lack of responsiveness. "We need people to make the British government take greater concern over human rights abuses in Nigeria. Nobody overrates its influence and opinions about what is happening in a former colony, in this case Nigeria."
Amnesty International announced on November 6 a 10-Point Program for human rights reform in Nigeria. At a joint press conference and launch in Lagos involving Amnesty Nigeria, the Civil Liberties Organisation and the Constitutional Rights Project in Lagos, activists called on the Nigerian government to implement the program as a matter of urgency, and called on the international community and businesses with investments in Nigeria to help ensure full respect for human rights. The Nigerian authorities accused Amnesty of "fomenting trouble", and three Amnesty contacts in Nigeria have just been arrested.
For a summary of the program and for a full copy of Nigeria: Time to end contempt for human rights (AI Index: AFR 44/14/96), or Nigeria: human rights defenders under attack (AI Index: AFR 44/16/96), contact the International Secretariat on 0171 413 5500
Please contact your MP and ask them to sign the Early Day Motion on Human Rights in Ogoni and Nigeria tabled by David Steel MP.
The backlash by industry and governments against the environmental movement was bound to happen. Until now, few realised the scale and extent to which the anti- environmental movement has grown, and just how effective it is.
Andrew Rowell's Green Backlash documents a rapidly growing international movement to counter environmentalists. For the first time, the violence, the deaths, the threats, and the organised global backlash against environmentalists has been drawn together in one volume. And it makes a chilling tale.
"The lessons learnt from the stories in this book are that with the collapse of communism, environmentalists are now increasingly being identified as a global scapegoat for threatening the vested interest of power: the triple engines of unrestricted corporate capitalism, right-wing political ideology and the nation state's protection of the status quo."
The backlash tracked from the US to the UK, Brazil, Ecuador, Malaysia, the South Pacific and India, involves multinational industry in collusion with the governments who benefit from the vast profits to be made at the expense of the environment. Add huge PR companies to the mix and a new web of "grassroots" coalitions and campaigners comprised of people whose jobs would be affected by environmental controls. The money, the power and the use of environmentalists' own tactics add up to an effective and lethal combination. The result? "What we find is that violence and intimidation are on the increase around the world against environmentalists," writes Rowell.
The themes and the tactics around the globe are similar, but one thing is clear: the less money the country has, and the poorer the people, the more deaths and violence there is. In the North, in the US and the UK, more sophisticated means are used to fight the environmentalists, with the PR machines and front groups. In the developing world, the authorities are less inclined to appear concerned and balanced, and the environmentalists more likely to be arrested, shot or 'disappeared'.
Rowell takes us through harrowing tales of company collusion with military regimes, such as Shell in Nigeria and Texaco in Ecuador. Always, the same trend emerges: where environmentalists are becoming effective in bringing world attention to an issue, such as Chico Mendes' fight for the Amazon, the fight for forests in Sarawak, Ken Saro-Wiwa in Nigeria, the road protestors in the UK, they are met with increased violence. Government authorities either turn a blind eye to it, or actively participate by labelling the protestors 'violent' in order to sanction the use of violence against them.
'Wise Use': the US right wing takes over
Toward the end of the 1980's, with the threat of communism receeding, the right wing movement in the United States began to realise they had a 'new' enemy to focus on: environmentalists. Effective environmental legislation in the US began to stop industry continuing its slash-and-burn attitude which it had been getting away with for decades. It was starting to cost them money.
Enter the Wise Use movement, headed by Ron Arnold, whose advice to the multinationals was not to fight environmentalists at a corporate level where the public would inevitably support the David rather than the Goliath. Rather, pitch up ordinary folk who were simply defending their own jobs, forming grassroots groups to counter the greenies at the their own level. The movement started with various legal bodies being set up to represent a multitude of industries to effectively lobby government against putting through environmental legislation.
"We know how to lobby better than they do and we've got coalitions that can overwhelm them. That's never happened to them before. It frightened them big time," commented Arnold after the Wise Use movement's first legislative victory which had been opposed by environmentalists.
In the late 1980's, Arnold went to Canada and was hired by McMillan Bloedel, the company clearcutting Clayoquot Sound on Vancouver Island. McMillan Bloedel was being targetted by environmentalists trying to stop the logging. Arnold told McMillan Bloedel to "give them [the coalitions of pro-logging citizens groups] the money. You stop defending yourselves, let them do it, and you get the hell out of the way. Because citizens groups have credibility and industries don't". Soon after, the first of many grassroots groups was formed, well-funded by the forestry industry.
UK: change the label, change the tactics
In the UK, Rowell writes, there are two groups of campaigners who have suffered most from the state's attempts to silence them: anti-nuclear activists in the 1980's and the anti-roads protestors in the 1990's.
"Moreover, the state has attempted to demonise both sets of protesters, either as 'communists' in the case of anti-nuclear protestors or 'terrorists' and 'fascists' in the case of anti-road organisations. Incorrectly labelling people as communists, terrorists and fascists justifies a different response to that of a mere protestor. They can be deemed a threat to national security, whereas protestors are not. It can also vindicate violence, harassment and surveillance of them by the state as has happened with the anti-nuclear movement."
Rowell documents the past five years of grassroots road protesting in the UK, and the picture, never before seen as a whole, shows an official use of and increase in such violence and harrassment. The rising use of private security firms to defend roadbuilding contractors is at the heart of it, and there's little happening to stop it.
Military collusion
When we move to the developing world the story is far, far worse. The pressure on governments here is to pay back their debt: the ideal feeding ground for a multinational company whose greed for resources fits snugly with the governments' commitments to the World Bank. Environmental laws are either dropped or ignored, soldiers laid on to quell local protests from the peoples whose only crime is to live on the land where the resources are found. Forests, minerals and oil are the major resources which bring violence in these areas; and the more money to be made from the resource, the harsher the crackdown against the protestors.
Nowhere is this more obvious than in Nigeria, where nearly 2000 Ogoni people (2% of their total population) have died at the hands of the Nigerian military for their protests against 35 years of Shell's oil drilling operations in the Niger Delta. 'A Shell-shocked Land' tells the awful tale of Ken Saro-Wiwa and the Ogoni people's non-violent protests against Shell, Ken's subsequent persecution and then execution after a trumped up military tribunal found him 'guilty' of murder.
While all the communities around the Delta were protesting at Shell's activities, the most organised of these communities were the Ogoni. Saro Wiwa's ability both to effectively mobilise the grassroots through the Movement for the Survival of the Ogoni People (MOSOP) and to bring international attention to their plight brought reprisals from the Nigerian military and resulted in Shell all but pulling out of Ogoniland in early 1993. Shell's refusal to officially re-enter Ogoniland infuriated the Abacha regime military, which stepped up the crackdown.
"Ogoni has been driven to the abyss of annihilation, crushed by a military regime who have had one simple aim: to silence Ogoni and to stop other communities from voicing their legitimate concerns," writes Rowell.
Shell continued to attempt to distance itself from the conflict, believing that the campaign was "overtly political". Shell's contention - writes Rowell - that Saro-Wiwa was "using" the company to raise his international profile, simply doesn't hold up. "For over 25 years the communities throughout the Delta have complained of pollution, exploitation and appropriation of their resources, and have severely suffered because of Shell's operations. For Shell to state that the Ogoni are "using" them is simply misleading and such corporate arrogance just adds to the bitterness felt by the people of the Niger Delta."
Green Backlash paints a grim picture of the anti-environmental movement. The words 'know thine enemy' spring to mind whilst reading this book.
Rowell leaves us with words of wisdom of which the larger environmental groups especially need to take note: if we don't get back to the grassroots campaigning ideals and start organising, campaigning and talking face to face, door to door, street to street, community to community, the anti-environmental movement will win.
"Grassroots organising is definitely an area where the anti-environmental movement has beaten the environmentalists over the last few years. There is no doubt either that they have been able to exploit the weaknesses of the mainstream groups."
"The backlash is now an intricate part of working on, writing on, speaking on, campaigning on or even teaching on ecological issues. The paradigm shift that is occurring across the globe looks set to continue."
He also warns that the environmental movement must build a new vision for the future, instead of simply opposing current practices. It has failed to take into account its apparent neglect of people and social concerns, leaving the right wing to step in and accuse it of putting wilderness preservation before the human consequences of such policy decisions.
"The backlash has given the environmental movement the opportunity to change for the better, it should not blow that chance."
Green Backlash is mandatory reading for any environmentalist who wants to win their campaign against a polluting corporation, anywhere in the world. There are lessons to be learnt and Rowell's book provides a baseline educative tool for campaigners worldwide.
Reviewed by Cindy Baxter
Hugh Martins
There is news that within the next couple of months the 40-year-old war in Guatemala, the only remaining civil war in Latin America and hopefully the last, will be brought to an end by the signing of the final accords between the government and the guerrilla resistance movement.
A million people have been displaced, either to exile in foreign countries or to less exposed corners of their own country, the jungles of the north and the shanty towns of the cities.
More than a generation of people have never known any other circumstances except war and its aftermath. The brutality of the army towards its own fellow citizens is well documented. The widespread unease caused by crime and public violence is the experience of most people in a population demoralised by poverty, the breakdown of law and order and the abuse of basic rights.
Open protest was smashed years ago: a whole generation of protesters, community organisers and leaders was picked out, tortured and killed. The voice of resistance was silenced. Most people are still too cowed to talk about the past or the politics of the present, especially to strangers.
"The courage to fight and the will to resist torture
frequently arose in tiny communities in which trust and organisation
achieved what military discipline or industrial management could never have done."
So it almost seems contradictory in the drab, polluted environment of Guatemala City, or amongst the poverty and deprivation of a rural village, to find laughter, warmth, kindness and hope. In our own relative comfort and affluence, we may find ourselves thinking that perhaps if living conditions are inadequate, if the external society in which we live is violent and threatening, and if there has never seemed to be any real hope of change, then normal human relationships, a chat between neighbours, a gesture of love or generosity, a belly laugh at the street corner, must be impossible as well.
But this is not true. One of the most obstinate contradictions of human social life is that in conditions which may seem desperately adverse there is still evidence of quality of life, of dignity and morality which seem to spring from an unspoken conviction that reciprocal concern and respect are higher social goals than wealth or comfort. The internal coherence and motivation of possibly very small social nuclei is often the wellspring of resistance. The courage to fight and the will to resist torture frequently arose, in Guatemala, in tiny rural communities in which trust and organisation achieved what military discipline or industrial management could never have done.
This is yet another respect in which "small is beautiful". In everyday talk it often happens that reference to the nation or the world induces the most overwhelming gloom, whereas the discussion of something achieved at domestic or community level brings out the commitment - and the smiles.
The pantomime of political parties struggling for electoral control throws up every day unwieldy theoretical questions about the rle of government and the nature of the state. There is always the tension between the creation of wealth, giving incentives to industry, promoting success, on the one hand, and the more and more reluctant provision of encouragement and support, on the other, to individuals or sectors of the community who cannot take part in wealth-creation or are prevented from doing so. The capitalist vision of the state is that of a large-scale, competitive, money-making enterprise - and this is the concept that most political parties now accept - so it is no wonder, in view of the history of such organisations, that it pays scant attention to those who hold it back in its fine endeavour, the old, the sick, the victims, the reluctant and the disillusioned.
The laughter of women standing for hours in the water queue in a small African village, gossiping until their turn comes - and they then have to walk two miles home with three gallons of water on their head - this laughter is the counterpoise to the values and systems which put them in this position: as is the laughter of resistance fighters holed up in mud amongst clouds of mosquitoes in the Central American rainforest, or the laughter of children in a makeshift hospital, recovering from wounds caused by anti-personnel mines. Wherever there has been brutality there has been resistance, and five hundred years of colonial history have shown that the resistance is tough.
The story of brutality has tended to indicate that its perpetrators work best in obscurity. Amnesty International's emblem of a candle was inspired by the old proverb "It is better to light a candle than curse the darkness". Publicity has in recent years been half the task of resistance and this gives a special role to international solidarity. There are many faces to human rights work: one is to expose, to shed light on abuse and make it visible; another is to educate the victims of abuse themselves, so that they come to realise that they are part of a wider network of law and reciprocal support and gain more strength in their resistance. In this way resistance works from the inside and the outside, and, crucially, there is a link between the two. Both the groups on the inside and those on the outside are tiny compared with the size of the enemy they are fighting, but the strength is in the organisation, the communication - the network.
Very recently, the efficiency of resistance has increased out of all proportion with the availablity of new means of communication such as the fax and particularly the internet. It is delightfully ironic that an international system of linked computers was first invented by the military, and is now so well used by small networks all over the world. It has become, despite itself, one of the ideal instruments of resistance.
A few years ago, a Guatemalan refugee organisation in Mexico, its members scattered over a wide area hundreds of kilometres apart, started to publish a small newspaper. A group of young people took on the task of compiling and distributing it, creating a network of young people who helped to write and disseminate the paper. It acquired a tremendous amount of respect amongst the refugees and became more than just a means of passing on ideas, policy and information: it became a symbol of the unity of the group, expressing their future, their tragic history and their determination, despite the Guatemalan government and army, to return to a dignified future in Guatemala and not to a repetition of the past.
The paper, El Porvenir (The Future), is now on the internet, available to the whole world, as is the organ of communication of the Zapatista movement in the Chiapas rainforest in the south of Mexico - and many others besides. The internet has created a new relationship between the small and the large.
The signing of the peace in Guatemala will signal, we hope, the beginning of a new era in that battered country. The terms of the agreement, involving human rights, justice for displaced peoples, recognition of indigenous groups, land rights and a development programme for the whole country, reflect not the benevolence of the new government or a change of face by the army, but the unceasing activity of organised citizens' groups, supported by the guerrilla, over a long period of time. And second, but not least, it will reflect wide participation by the international community, churches, volunteers, local solidarity groups and non-governmental organisations.
And in the background, not too far away, the laughter will go on.
STOP PRESS: Claude Ake dead?Close friend of Ken Saro-Wiwa and highly respected academic, Prof Claude Ake, may have been killed on Thursday November 7 as Lagos airport lost touch with a Boeing 727 which is feared crashed, killing all 141 passengers and crew. As we go to press the fate of the flight is still not clear. Ake has been a very outspoken critic of Shell in Nigeria, exposing the company's arms procurement, challenging its pollution, and ultimately resigning in open disgust from the Shell-sponsored Niger Delta Environmental Survey after the executions of the Ogoni 9. Sabotage of the flight cannot be ruled out. |
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