THE PETITION ETCHE PEOPLES LIBERATION CONGRESS {EPLC} SUBMITTED TO NATIONAL HUMAN RIGHTS COMMISSION {NHRC}; HON MINISTER OF PETROLEUM RESOURSES; HON MINISTER OF JUSTICE/ ARTHONEY GENERAL OF THE FEDERATION AND COPIED TO SPDC. ATTN: Dr. Mutiu Sunmonu Managing Director/Country Chairman The Shell Petroleum Development (SPDC) SHELL I.A, Port Harcourt Rivers State Sir, PETITION OF MANDATE FOR SPDC TO REMIT $10BILLION DOLLARS AS REPARATION FOR DAMAGES DONE TO OUR NATURAL ENVIRONMENTAL, AND DEGRADATION SUFFERED BY THE INDIGENOUS PEOPLE OF ETCHE ETHNIC NATIONALITY. 1. INTRODUCTION: Etche Peoples Liberation Congress (EPLC) remains the formidable apex pressure front with expanded membership that captures community interest in the clans that makes up Etche ethnic nationality (Etche & Omuma LGAs), with a major resolution to remain non-violent in all the process of our struggle and agitation. It falls within the ambit of our primary objectives to fight and stand down any form of injustice and social exclusion that has bearing on our ethnic interest, and we further endorsed a mission statement that is not limited to restore and reinstitute the indissoluble sanctity of our indivisibility as a distinct oil and gas producing ethnic block in Niger Delta Region. Therefore, this petition is in furtherance of our inalienable Right to Freedom of Expression, of Information, and to hold opinion without interference as stipulated in Chapter 2, Section 39(1) of Nigerian constitution, which is in conformity with Article 19 of the International Convention on Civil and Political Rights, the United Nations Declaration on Human Rights, and as affirmed by the Iceland Human Rights Centre which posits that Freedom of Expression is a Right without which other Rights are difficult to acquire or defend. While the primary motive of this petition is to revisit the over-due 90days ultimatum we issued to SPDC through the media on 24th Feb, 2014. 2. THE 1990 GENOCIDE IN UMUECHEM COMMUNITY INCITED & INSTIGATED BY SPDC It is now almost 24years since SHELL-induced audaciously nauseating massacre was carried out in Umuechem community, and nothing significant has been done to resettle and alleviate the sufferings of the people who managed to survive the unfortunate massacre. It all started with a peaceful protest embarked upon by youths, women, elders and chiefs of Umuechem community in line with their constitutional right to Freedom of Assembly, of association, and to hold opinion, which was meant to vent their anger over undue marginalization and total neglect of the community since 1958 when oil was first struck there. The people protested that the community lacks basic social amenities and infrastructures, SPDC sent SOS signal to Rivers State government and the Police authority. The then military administrator Col. Godwin Abbe consented to the signal and all hell was let loose on the community, resulting to a killing spree that grossly violates the provisions of United Nations Convention on the Prevention and Punishment of the Crime of Genocide, and inconsistent with Article 12(2) of the International Convention on Economic, Social and Cultural Rights adopted in 1966, and also in disregard of UN Declaration of the Rights of Indigenous People adopted on 13th of September 2007. Wiston Churchhill posted that truth is incontrovertible, malice many attack it, ignorance may deride it, but in the end, there it is. The media reported that by midnight of 31st of October 1990, over 100 mobile police officers were drafted to the community to subdue the peaceful protesters, and for six whole days, the squadron of the security officers almost succeeded in wiping out the entire people, and their household resources like goats, chickens, dogs, and economic trees like citrus, oranges, mangoes and coconut were not spared. At the end of the mayhem, a second class traditional ruler HRH Eze A. A. Ordu was shots dead, youths, women, including children could not be accounted for. While decomposing corpses were set ablaze with inflammable materials. The whole houses in the community were razed down, economic tress were destroyed, except two churches and a primary school that were spared. The people of Umuechem lost their houses, educational certificates, cars, motorcycles, household equipments, garri processing plants, farms etc, and the surviving ones were rendered destitute, the only health centre was consumed by the prevailing inferno. It took two weeks after the crises ,on the 13th November 1990 for the military administrator Col Godwin Abbe visited the community on fact finding mission, and was furiously angered by the level of destruction he observed, he set up 4-man Judicial Commission of Enquiry headed by retired High Court Judge, Justice Opubo Inko- Taria and supported by Chief J. A. Ahiakwo, Chief Godwin Amadi and Mr. B. A. Alamina to look into the issue and produce a white paper, access human and material loss, identity all those how acted in breach of law and bring them to book. The Nigerian Police also visited the community after two weeks of the incident, led by DIG in charge of Operations, Parry Osanyande who after his fact finding reported that the extent of damage done in the community was not commensurate with the threat posed by the villagers. It is now 24 years that the ignoble massacre of the defenseless people was perpetrated within the confines of Etche land, which we consider sacred, and such desecration remains highly abominable, and deserves appropriate sanction. EPLC as a formidable pressure front of Etche ethnic adopted to champion this particular forgotten massacre with every available democratic instrument, especially with protest, petition and litigation. It is very unfortunate that the same community that protested in 1990 still lacks necessary infrastructures, and cannot be easily accessed during rainy season due to bad road condition, while youth unemployment rate remains endemic. 3. SPDC’s OPRESSIVE, DECEPTIVE & INEFFECTIVE SOCIAL INTENTIONS IN ETCHE LAND: The misguided GMOU POLICY: The main deceptive development concept espoused by SPDC in Etcheland is the mysteriously coded cacophonous distraction, erratic and neurotic conceptual trick labeled global memorandum of understanding (GMOU). The policy introduced in 2006 serves as a blind and bland agreement between SPDC and cluster of communities that are expected to decide their needs and preferences under a prescribe amount of fund set aside for such purpose by SPDC. According to a website static.shell, the GMOU has been signed and implemented in 27 clusters covering about 290 host communities, and that Umuokwa village in Igbo\Etche community with about 15,000 inhabitants in Etche cluster 1 have benefited from a rural water scheme, when the current situation on ground speakzs volume of misinformation. The implementation of GMOU in Etcheland is highly in violation of the provisions of Chapter Two, Section 17(2)(d) of the Constitution of Federal Republic of Nigeria which provides that exploitation of Human or Natural Resources in any form whatsoever for reasons other than the good of the community shall be prevented. The GMOU is nothing short of whimsical messianic delusion built on falsehood, and is the singular reason why all roads in our oil producing communities are in dangerous condition, since the GMOU budget for five years period cannot chatter for 1km road rehabilitation. Etche people living in Igbo, Umuechem, Abara, Chokota, Ozuzu, Okoroagu, Odagwa, Umuebulu, Ikwerrengwo communities etc are witnessing retarded socio- economic activities, and the hardship associated with it. The social condition of living endured by our people is against the protocols of United Nations Declaration of Rights of Indigenous People, and that of African Charter on Human and Peoples Right. It is very unfair that SPDC has used the ploy of GMOU to abdicate from its Corporate Social Responsibility (CSR) in our land, because in the last eight years of the GMOU era, nothing in terms of job creation, infrastructures and social amenities is on ground within cluster 1 and 2 to justify its implementation and existence. SPDC’S TOXIC WAR AGAINST ETCHE PEOPLE It is quite unfortunate that in 1997, SPDC displayed EIA report that they conducted on Umuakuru village, in Igbo community without glimpse knowledge of the people, and commenced the construction of Integrated Waste Management Facility (IWMF), a project meant as dumpsite for all industrial wastes collected from their divisions worldwide using incinerators. SPDC acquired over 50hectres of community farmland in 1998, but the community rejected the idea that their land be used for the hazardous dumpsite. The Environmental Rights Action [ERA] report revealed that the project was hazardous to human, marine, flora and fauna of our natural environment, and the waste chemicals stored in the dump is capable of causing cancer, altering genes, and the growth of foetuses. The project according to ERA’s report exposed serious technical lapses clearly against internationally accepted standards for project of such complexity. The project was also capable of causing leakages, which is capable of wiping out the entire people of Etche ethnic nationality. The people demonstrated against the violation of their right, outright rejection of IWMF through FEPA, Rivers State Government, RSHA and the press, but SPDC turned deaf ears and blind eyes to the plight and cries of the people. CONTINUED GAS FLARING IN ETCHE LAND: It is very unfortunate that the resolution of 1992 Rio de Janairo World Environment Conference concerning gas flaring is yet to be implemented in Niger Delta Region, and this is the singular reason why Nigeria flares about 17.2Billion M3 of gas yearly. The volume of flare as indicated is estimated to be about 25% energy needs of Africa. DPR figure shows that the country loses about $4.9 million dollars (N735 million) daily through gas flaring, and despite huge energy and revenue loss, gas flaring remains highly dehumanizing to communities, and serious a crime against nature. It causes terminal diseases, flooding, deforestation, desertification, global warming, and corrodes metal roofs rabidly due to formation of acid rain caused by mixture of nitrous and sulfuric oxides in the fumes with moisture in the atmosphere. We will not fail to recall that in 1969, the Head of State Gen Yakubu Gowon mandated SHELL and other IOCs to achieve zero flare index within 50years of operation, while Associated Gas Reinjection Act No.99 of 1979 which came into force in 1984 was also meant to stop gas flaring. The French Declaration of the Right of Man and the Citizen in 1789 says that liberty consists in the freedom to do everything which injures no one else, and this cannot be said of gas flaring which is grossly in conflict with the United Nations Declaration on the Rights of Persons belonging to Ethnic Minorities, and Section 12 of the African Charter on Human Rights which provides that “all persons shall have right to freedom from pollution and environmental degradation. Wiston churchhill former British Prime Minister stated that healthy citizens are the greatest asset of any country, while the Human Right Watch Africa Report on Nigeria in 1998 declared that ‘the price of oil provides evidence on how the oil companies corrupt government officials and subvert national policies, they instigate communities against one another in order to maximize profit at the expense of sustainable development. The UN Stockholm Conference held between 5th- 6th June 1972 that resulted in the declaration of June 5th of every year as World Environment Day, UNESCO, UNCED, UNEP, IEEP also held several conferences in a bid to raise global mobilization to save the earth from wanton destruction by those who profit at the expense of the people. Yet SPDC failed to operate in Etche land the exact way in rules and standards as it does in the Middle East, Arab, Asia, Europe and America. SHELL invested over $200million dollars in Malaysia in 1994 to avoid gas flaring, and to produce a monthly output in gas that is equivalent of what it flares in Niger Delta Region daily. SPDC also introduced gas injection plants in other parts of the world where oil exploration is going on except in Nigeria, and most of the gas released during flaring is methane which has warning potentials. Scientist believes that methane could mitigate atmospheric chemistry and neutralize the main mechanism available for human resistance. It is on this note, and against the foregoing that EPLC in cognizance of the fact that the average rate of gas flaring in the world is 4%, as compared to Niger Delta Region that is 70%, we vehemently declare that gas flaring in any part of Etcheland is mindlessly nefarious, indictable, and prosecutable criminal offence. It remains in flagrant violation of the Gas flare out Bill 2010, Gas Flaring (prohibition & punishment) Act 2012 and the November 24th 2005 Port Harcourt High Court order mandating all oil companies to stop gas flaring in Niger Delta Region. SHELL FAILED TO CARRY-OUT SCIENTIFIC EXAMINATION & CLEAN UP OF OUR ENVIROMENT FOR OVER 50YEARS OF OIL AND GAS EXPLORATION AND POLLUTION. The Bible says in 2Timothy 1: 7 that God has not given us the spirit of fear, but of power, and of love, and of a sound mind. Our group understands that EIA report is meant to ensure that any particular project is going to be beneficial to the people, and will be of benefit to the economy and environment. We are also aware that for over 50years of uninterrupted oil exploration in our domain, and in such a technologically advanced world, no Etche son or daughter possesses the relevant skill required to solve environmental problems inherent in the quest and conquest of our natural resources. SPDC is yet to initiate comprehensive examination of our degraded and damaged environment, or come up with up dated EIA report, Environmental Baseline Studies (EBS), Geo-technical Survey, Water Quality Monitoring, and cleanup operations. There is no supportive measure like Environmental Education, Capacity Building, Technical and Financial support. This strategy of total exclusion is in conflict with the provisions of Hydrocarbon Legislations like Petroleum Drilling and Production Amendment Decrees, 1988, and in violation of Environment Legislation like Effluent Litigation regulation, 1991, and against the principles of UN Permanent Forum on Indigenous Issues. It is the right of Etche people as guaranteed by Ethnic Minority and Indigenous Right to know the total amount of barrels of Bonny light crude oil produced on daily basis, and the cubic feet of gas flared too. It is very unfortunate that Etche people are totally ignorant of oil and gas activities in their domain, not even Preliminary Seismic Data Interpretation, or Integrated Program of Geological and Geophysical Studies of Etche endangered and fragile natural environment. It was because of April 20th 2010 oil spill in the Gulf of Mexico that BP was fined, and expended about $2billion dollars in containment of leak and cleanup operation, and also paid $70 million dollars in initial compensation for loss of income to fishermen, bars, resorts, and other business interest along the coast. In 2005, BP was fined $50 million dollars in the Texas Refinery explosion for violation of Clean Air Act, and $87 million dollars for failing to correct safety hazards revealed in the explosion, but here in Niger Delta Region, especially in Etche land, SPDC walk free whenever same incident happen. The International Union for Conservation of Nature and Niger delta Panel (IUCN-NDP) was established in January 2012 at the request of SHELL to provide science- based recommendation for remediation and rehabilitation of biodiversity and inhabitants of oil spill sites, yet Etche people are facing several chronic health and environmental challenges which is directly as a result of unregulated oil and gas exploitation, while nothing is on ground to assuage that the multinational company is genuine. We as a dissimilar tribe with abundant prospects of natural resources are now prepared to take our destiny in our hand, and liberate our land from oppressive and predatory SHELL through a formidable none violence means, and nothing can be further from the reality other than Ogoni Song composed in 1970. The flames of SHELL are flames of hell, We bask below their light, Naught for us serve the blight, Of cursed neglect and cursed SHELL. Finally, in recognition of the fact that Nkali oilfield, Imo River 1,2 and 3 oilfields and Obigbo North oilfield are all in our ethnic nationality, our group wishes to reinstate that this petition should not be taken for granted, but given the require attention. Signed Onbehalf the Congress of EPLC 1. Com Japhet A. C. Ogbueri - National Leader 2. Mr. Sam Obilor - Deputy Leader 3. Com Gashon Bob-Achor - Scribe General 4. Gen Favour Joseph Maxwell - Principal Projects office 5. Com Hon. Prince S.A Onyeche – Principal Info Officer 6. Mr. Patrick O. Nwogu -Chief Finance Officer 7. Pastor Emma Amadi - Chief Mobilization Officer 8. Primate Justice Nwankwo -Community Coordinator 9. Bar Victor Onyema -Assistant Community Coordinator 10. Com Chibuike Iroegbu -Admin Secretary 11. Com Collins Okere -Youth Leader 12. Com Harrison Nwosu - Assistant Principal Information Officer
Posted on: Tue, 25 Nov 2014 17:34:42 +0000