Tag Archives: oil

Nigeria of Superlatives

At a recent talk I gave on oil protests in the Niger Delta, an audience member asked me about my interest in Nigeria during the question and answer session. More specifically, he asked, “So, why Nigeria?”

If you are fascinated by social science, then a country that embodies the exaggerations of all social phenomenon is nothing short of intriguing. I am fascinated by culture, conflict, power, history, race, gender, and all social dynamics, and Nigeria demonstrates the dramatic extremes of all of these. It is the most and the least, the best and the worse, of so many measurements.

It produced the most victims of the transatlantic slave trade. It is the most populous country in Africa and is the third most ethnically diverse country in the world. Lagos is one of the top ten megacities of the world, and is growing faster than any other in Africa. It produces the most oil and has the fastest growing economy of any country in Africa. Nollywood surpasses Hollywood to be the planet’s second largest movie producer. To get more obscure in the statistics, it has the fifth highest rate of traffic fatalities in the world.  It is even has the world’s largest singing choir. A survey several years ago even ranked it as the happiest country on earth. How could I not want to learn more about a country that is such an amalgamation of fascinating facts?

In short, I love Nigeria because it is a puzzle I can never solve. 

For the PPT of the presentation, click below.

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The U.S. Travel Ban on Muslims, Nigeria, and Why It’s Such a Bad Idea

Although Nigeria has little potential (at this point) to make the U.S. travel ban, Trump’s Executive Order signed last week is bad news for everyone. There is great potential that it will last beyond the initial 90 days. I don’t believe Nigeria would ever be considered for the ban, despite the coverage of the 2012 “Underwear Bomber” and Boko Haram’s activities. The oil-based trade relationship between the countries is too important (5% of all U.S. oil comes from Nigeria). Trade in oil is also the reason that Saudi Arabia is not on the travel ban list, despite the large role of Saudi attackers in 9/11. Additionally, the travel ban gives preference to visas for Christians, which comprise a large number of Nigerian applications.

However, about a quarter million Americans claim Nigerian ancestry. Some of those may well be trying to bring family members to the U.S. There are tiers of prioritization of family-based visas, from Family First (minor children of citizens) to Family Fourth (brothers and sisters of citizens). I found a report from last year showing that Africans make up just under 4% of all family visa requests, far eclipsed by those from Central America. Here is the list by region:

list.PNG

To visually show you African applications compared to other regions:

chart

Although this may seem like a low number of application, Yomi Kazeem points out that Nigeria “may be caught in diplomatic cross-hairs of Trump’s ‘America First’ visa policies. In 2015, Nigeria accounted for 32% of the nearly half a million non-immigrant American visas issued to nationals of African countries and received more visas than the four other countries that make up the top five in Africa when combined.”

He also argues that with the understanding of reciprocity, Nigeria and any other country has the capacity to treat American visa applicants in the same manner that the U.S. treats their foreign citizens. Securing my Nigerian visas was an incredibly difficult feat several years ago, and I can’t imagine what it will be like if there are any more demands on applicants.

Why the Travel Ban Makes No Sense At All:

Although The Executive Order currently only includes three African countries—Somalia, Sudan, and Libya—it is disastrous on so many levels across the globe.  It endangers U.S. citizens by fostering animosity among those who are already anti-American, and alienating potential Muslim allies. (Why would pro-democracy Afghanis or Iraqis support our cause on the ground now?) It stokes the irrational fears of Americans who fail to recognize that less than 70 Americans have been killed on U.S. soil by terrorism (attackers included) since 9/11. Most clearly, it denies refugee status to those who would otherwise become important actors in the U.S. economy, and instead created furthers the burden on our ally countries in already-taxed Europe. Or worse, it forces immigrants and refugees back to the very countries that are an environment that is ripe for radicalization.  It is much safer for Americans to have teenage boys from Syria trying to build a life in the U.S. than leaving them to the Aleppo streets, where their options for radicalization are infinitely greater.

Did I yet mention how the travel ban creates a “brain drain” for us as we lose thousands of talented PhDs, scientists, engineers, and technology experts from the Middle East?  The U.S. is now turning away people who could find the cure for cancer, create more energy efficient buildings, and revolutionize the way we understand the world. Even if the ban is lifted after 90 days, many may not want to return to a hostile environment.

Ethical and legal implications aside, the travel ban is inherently…irrational, in both the everyday and the economic sense.Then again, no one ever claimed that a politics of fear makes sense.

Quiz: What You Don’t Know About Energy in Africa

It’s home to millions of people who lack even one lamp, but also a frontier of great change and innovation. How much do you know about sub-Saharan Africa’s energy potential?

Source: Quiz: What You Don’t Know About Energy in Africa

Africa Oil & Gas: Mozambique and South Africa linked by new pipeline

Source: Africa Oil & Gas: Mozambique and South Africa linked by new pipeline

Quiz: What You Don’t Know About Oil Spills — National Geographic

See how much you don’t know about oil spills and oil spill technology with this quiz from National Geographic.

Source: Quiz: What You Don’t Know About Oil Spills — National Geographic

Paradise lost? Photography and oil in Nigeria

ND

Source: Paradise lost? Photography and oil in Nigeria

An interview from the NGO field

I had the opportunity to interact with many NGO actors in the Niger Delta. An incredibly helpful organization for me was Social Action in Port Harcourt, Rivers State. The Executive Director of Social Action introduced me to Fyneface D. Fyneface, who eventually became a research assistant. To offer a Nigerian’s perspective, below are some his answers to my questions about the issue of Nigerian oil.

Q: Describe the relationship between law and reforming the oil problem.

A: Nigerian law allows the oil companies to come in and operate in the region. Yet, the oil companies do not obey the laws that are supposed to protect the environment and make the people benefit from the resources in their land, thus, making the “black gold” a curse rather than a blessing to the people. The people have reacted to the underdevelopment, unemployment, environmental and social problems in the region through different struggles, including protests, litigation and lately, militancy by idle youths in the name of fighting the Niger Delta cause from the angle they deem fit. Yet, no significant change or reform has been noticed in the oil sector as expected by the people of the region.

Q: Does litigation help the Niger Delta cause?

A: Litigation has not helped the Niger Delta to find solutions to the oil problem. This is because many Niger Deltans see an oil company as too big for them to sue as an individual, especially as they don’t have the money to go into litigation with an oil company that is richer, and also because they’re aware that they cannot get justice—not in their life times and not even in foreign courts. Examples are the popular Royal Dutch Shell Vs. Kiobel in the U.S. Supreme court, and the Niger Delta Four Farmers vs. Royal Dutch Shell at The Hague in which the court blamed the woes of the people on “sabotage”.

Q: What does the average Niger Deltan think about the role of law in solving oil problems?

A: The average Niger Deltan does not think the law can play any significant role in solving the Niger Delta problem. Not only because they have not see any successful land-mark judgment, but also because they lack confidence in the law in resolving the problems. The oil industry laws in Nigeria can only bark but cannot bite. An example is the law on gas flaring, which even the Nigerian government has not been able to implement to force the oil companies to stop the flaring that has been occurring since the 1950’s. A typical Niger Deltan would tell you that it is only God that can solve the problems for them, not the law, not the government, and not even the international community.

The Kioble case is dismissed in the Supreme Court

In a unanimous ruling this past Wednesday, the U.S. Supreme Court dismissed the Kiobel case against Shell in Nigeria. The Kiobel case was filed by Esther Kiobel, the wife of a former activist, and alleges that Shell collaborated with the Abacha regime to violently suppress oil reform activities in the 1990’s.  The case brings claims for extrajudicial killing, torture, crimes against humanity, and prolonged arbitrary arrest and detention.

CorpsWatch argues that the ruling effectively blocks other lawsuits against foreign multinationals for human rights abuse that have occurred overseas from being brought in U.S. courts. Kiobel v. Royal Dutch Petroleum Co. (Shell) was brought under the Alien Tort Statute (ATS), a U.S. law dating back to 1789, originally designed to combat piracy on the high seas – that has been used during the last 30 years as a vehicle to bring international law violations cases to U.S. federal courts.

Lawyers began using ATS as a tool in human rights litigation in 1979, when the family of 17-year-old Joel Filartiga, who was tortured and killed in Paraguay, sued the Paraguayan police chief responsible. Filartiga v. Peña-Irala set a precedent for U.S. federal courts to punish non-U.S. citizens for acts committed outside the U.S. that violate international law or treaties to which the U.S. is a party. Almost 100 cases of international (often state-sanctioned) torture, rape and murder have been brought to U.S. federal courts to date under the ATS. The new ruling limits the law to U.S citizens and entities.

“Corporations are often present in many countries and it would reach too far to say mere corporate presence suffices,” wrote John Roberts, the chief justice of the Supreme Court, in the majority opinion. “There is no indication that the ATS was passed to make the United States a uniquely hospitable forum for the enforcement of international norms.” Stephen Breyer, another of the nine judges, agreed with Roberts in the decision but left the door open for some lawsuits. “I would find jurisdiction under this statute where (1) the alleged tort occurs on American soil, (2) the defendant is an American national, or (3) the defendant’s conduct substantially  and adversely affects an important American national interest,” wrote Breyer in a separate legal opinion. “(T)hat includes a distinct interest in preventing the United States from becoming a safe harbor (free of civil as well as criminal liability) for a torturer or other common enemy of mankind.” Shell – in Breyer’s opinion – did not qualify as a U.S. entity. “The defendants are two foreign corporations. Their shares, like those of many foreign corporations, are traded on the New York Stock Exchange,” Breyer wrote. “Their only presence in the United States consists of an office in New York City (actually owned by a separate but affiliated company) that helps to explain their business to potential investors.”

Other such cases have been filed against Chiquita and Halliburton. Chiquita was sued by surviving victims of brutal massacres waged by right-wing paramilitary squads in Colombia. The paramilitary, who killed thousands of civilians during Colombia’s dirty war of the 1980s and 1990s, were on Chiquita’s payroll in the 1990s. Now-U.S. Attorney General Eric Holder defended Chiquita in the case and won a plea bargain for them of $25 million and five years of probation. Kellogg, Brown and Root, a former subsidiary of Halliburton, has also been sued under the ATS for allegedly trafficking 13 men from Nepal to Iraq against their will to work on U.S. military bases. The men, 12 of whom were killed, believed they were going to work at hotels in Jordan and elsewhere.

The Obama administration backed Shell last June after abruptly changing sides. In its submission the Justice Department urged the Supreme Court to dismiss the suit against Shell. The brief’s authors stated that the ATS was not appropriate for Kiobel or other lawsuits involving foreign corporations accused of collaborating in human rights abuses with a foreign government outside U.S. territory. U.S. courts “should not create a cause of action that challenges the actions of a foreign sovereign in its own territory, where the [sued party] is a foreign corporation of a third country that allegedly aided and abetted the foreign sovereign’s conduct,” the Justice Department wrote.

Many activists say that the decision will set back human rights causes. “This decision so severely limited a law that has for decades been a beacon of hope for victims of gross human rights violations,” says Elisa Massimino, president of Human Rights First, a New York based NGO. “Abusers may be rejoicing today, but this is a major setback for their victims, who often look to the United States for justice when all else fails.  Now what will they do?” However, other lawyers drew a measure of hope from the fact that the Supreme Court decision did not exclude all lawsuits against multinationals overseas in U.S. courts.

 

BBC reports that bodies of Nigerian police found after an ambush in the Niger Delta

April 10, 2013

A view of the Niger Delta (file image)

Nigeria’s Deadly Delta

“Nigeria’s security forces have recovered the bodies of 11 of the 12 policemen killed after an ambush in the oil-rich Niger Delta on Friday, police have said.

Some of the bodies had been mutilated and burnt beyond recognition, AFP news agency quoted witnesses as saying.

Last week, a militant group said it would it resume attacks after its leader, Henry Okah, was jailed for a bombing campaign in 2010.

However, many people are poor, fueling resentment towards the national government and oil companies.

At the weekend, the Movement for the Emancipation of the Niger Delta (MEND) said it had ambushed a police boat in the creeks and waterways of Bayelsa state, killing the policemen.

Police spokesman Alex Akhigbe said 11 bodies had been recovered, while one was still unaccounted for.

The bodies were transported by boat to the regional capital, Yenagoa, while relatives waited at a morgue, Nigeria’s Vanguard newspaper reports.

At the weekend, police denied the attack was linked to the jailing of Okah.

They said it involved a dispute among militants over amnesty payments given by the government.

Police boats were escorting an ex-militant to a funeral when one of the boats broke down and became a “soft target” for gunmen, a police spokesman said.

MEND had been fighting to gain a greater share of the oil wealth from its part of southern Nigeria, but had been inactive since a 2009 amnesty was put in place.

Okah, its leader, was sentenced to 24 years in prison last month for masterminding bomb attacks in the capital of Abuja in 2010.

Nigeria is Africa’s largest oil producer.”*

*Note: By accounts with which I am familiar, Angola may now be Africa’s largest oil producer.

Further remarks on Niger Delta violence and amnesties

The second section of the interview (see post above) focused on the militancy in the Niger Delta and included the following questions and my responses:

1. In your opinion, what are the conditions that drive individuals toward militancy in the Niger Delta?

Poverty alone is not a causal mechanism for insurgency, nor does simply being a weak state cause collective violence.  In the Niger Delta it is a two-part dynamic in which poverty amidst vast oil wealth combines with weak state apparatuses to create insurgency. The former creates the incentives and the latter provides the conditions. Niger Deltans suffer from deprivation while seeing that resources, e.g. oil profits, exist that could be bettering their lot, fostering a sense of injustice. It is easy for militant leaders to galvanize this injustice and organize it along ethnic lines due to the often contentious tribal diversity of the Delta. Then, the Nigerian government does not have the capacity or sometimes the will to stop the social disorder, creating a sense of stateless that is conducive to violence.

2. Do you believe these are the same root causes for cultism and other such violent activity in the Niger Delta region?

To an extent, but I do see the insurgency as analytically different from cultism and other forms of collective violence. The particular nature of oil drives militancy, and group violence unrelated to natural resources is in many ways a separate issue. Groups with income flows from control of oil are more likely to attract opportunistic participants, make insurgents like those of MEND primarily economic actors (insurgents have not been ideologically driven for many years, if they ever were). Unlike cultism and other forms of collective violence, militancy requires clear leadership, sustained engagement, access to arms, and it must have a local population on which it can rely on for resources (Weinstein 2006). On the other hand, other collective violence campaigns unrelated to oil can arise more sporadically, use fewer or homemade weapons, and I think can have more porous membership networks.

3. What expectations do you think that the Amnesty Program created for ex-militants and their communities?

From my observations, there was little expectation among the average Niger Deltan that the Amnesty would have a lasting impact on the insurgency in the long-term, because the number of men who could pass through the program was far fewer than the number of unemployed youths attracted to militant engagement.  Militants themselves could have been hopeful for personal gains, but that was an individual aspiration.

 4. Since after the declaration of the Amnesty Program, have you seen any positive service delivery or infrastructural changes in the region?

No.  From what I understand, the Amnesty Program has provided stipends and job training for former militants, but has not affected service delivery for communities.

5.What do you think will happen in the region after the Amnesty Program ends in 2015?

When the Amnesty Program ends in 2015, insurgency will go up to its previous levels since the overall conditions that led to start of insurgency, such as rampant unemployment, have not changed. The problem with the amnesty is that creating some jobs does not stop violence. Job creation temporarily lowers rates of violence because employment pulls non-committed militants away from the movement and simply keeps more men busy so they have less time for violence, but in a region with such poverty and lawlessness there will always be more recruits to replace those who join an amnesty. Obviously if every Nigerian was gainfully employed with a good standard of living then that would presumably end the insurgency, since violence is generally inversely proportional to economic development. For me however, the sheer number of unemployed men in the Delta, surely hovering around 50%, will always outpace any increase in the number of local jobs created with any government program, so as one militant leaves the movement another one will replace him. So, theoretically non-oil jobs would probably end violence but realistically that would be improbably just based on the population number of the Delta. The Amnesty Program has always just been a temporary fix in which insurgents were paid to stop engaging in violence.