….Testify before mock tribunal
Constance Meju, Port Harcourt
The push for environmental justice by highly deprived and traumatised Niger Delta community women, who are victims of pollution from oil and gas operators in the region, has deepened following a capacity building on seeking justice through legislation via a mock tribunal conducted by a frontline women organization, Kebetkache Women Development and Resource Center.
The mock tribunal conducted August 7, in Port Harcourt, witnessed presentations of petitions by aggrieved community women from four host communities seeking redress from oil majors – Agip, Shell, Total E &P – for years of unaddressed pollution in their areas and the attendant negative impacts.
The women presented their cases before a panel of jury headed by a respected senior female lawyer, Mrs Rosemary Inko-Tariah Esq. On the panel were also another experienced female lawyer Mrs Deborah Effiong Esq. and two veteran journalists who, have been on the trail of environmental abuse in the oil and gas sector, Chief Constance Meju and Hon Pius Dukor.
The jury listened to four cases-from Okwuzi against Agip, Eleme against Shell, Rumuekpe against Shell and Agip, in Rivers State; and Otuobagi in Bayelsa State, against Shell, demanding the clean-up and restoration of their destroyed environment, provision of social amenities and payment of compensation for the loss of livelihoods and health challenges encountered by the people.
Mrs Peace Mgbenwa representing Okwuzi women told the tribunal that Agip operation in the Okwuzi/Egbema axis rather than being a blessing, has left the community in ruins because of gas flare and that the company has continued to deny women their rights and access to dialogue, even as it has failed to provide them social amenities to cushion the effects of its gas flares which have caused much damage to their traditional farming and fishing livelihoods, properties and health of the people, especially the women.
She said a trending consequence of the pollution from the gas flare is a spread of a peculiar rash attack on the skins of community members manifesting in horrible itches and rashes. Mgbenwa presented two pictures showing the patched skin of victims and prayed that Agip be made to end gas flare in the community, clean up and restore the environment so that women can begin to farm and expect fruitful yields and healthier lives.
Her case was however, struck off for lack of medical report from a public or reputed consultant to establish a link between the skin disease and the gas flare.
Another complainant, Chief Mrs. Martha Egbe, told the jury of environmental degradation from many years of pollution from the activities of Shell in the community. She backed her submission with the well-known UNEP Report of 2011, which identified very high levels of air, water and soil pollution in Eleme communities.
She lamented that following years of non-remediation of the environment, people are sick and dying every day, sending panic among in the communities. She linked the unexplained deaths to continually drinking of the very highly contaminated water in the area, lamenting that poverty from displacement from their traditional farming and fishing resulting from the destruction of both their lands and waterways, adds to the stress causing death.
Explaining that farm yields have seriously dwindled, discouraging farmers, she presented to the jury, very malnourished maize harvested from their farmland and pictures of the air polluted space to the jury. She demanded that Shell should be asked to clean up and restore Eleme land to its old status of a rich agricultural land.
After fielding questions from members of the jury, the presiding judge, Mrs. Rose Inko-Dokubo ruled that the Eleme petition has merit but needs updates on what HYPREP set up in response to the UNEP Report has done.
Mrs Blessing Orijos, secretary, Rumuekpe Women Prayer Band took the next stand and carefully narrated how hosting major oil companies has destroyed life in Rumuekpe, a community in Emohua Local Government Area of Rivers State including, the destruction of the community structure, the people’s livelihoods and health. She explained that many companies, including, Shell, NDPC and Total E&P, operate in the community but rather than be a blessing, their presence has caused the people, especially women, much pain and, death to some, as they operate a divide and rule system that pitches members against one another creating crisis while the constant pollution from their operations have highly degraded the environment.
Specifically, she stated that a spill that occurred from Shell facility in 2013 worsened their plight.
She identified herself as one of the victims of air pollution from gas flare, which has damaged one of her eyes. Blessing said many in the community people suffer from eye diseases, early menopause while the community despite hosting the majors lacked social amenities including road, water, and schools.
The children, she said travel for some kilometers to other communities to access secondary education and the people for health care, as there is none there, despite being prone to pollution related health challenges.
Blessing said only Total E&P has been supporting the women’s efforts to provide services in the community.
The prayer band secretary told the jury that they had made documented efforts to seek redress from the oil operators but no response was received. She also narrated that the women had earlier organised rallies up to Port Harcourt, publicly protesting the destruction of their lives by oil and gas operations there.
She asked the tribunal to compel the oil companies to restore the health of the Rumuekpe Community environment. She also asked for the following: a secondary school to encourage parents on exile to come home; a cottage hospital, good road, water, provide employment for the youth, skills acquisition and compensation.
After interventions from jury members, some confirming knowledge of the mass protests by Rumuekpe women in Port Harcourt a few years back, the presiding judge again ruled that the Rumuekpe case has merits and needs to be taken up by professional lawyers with reminders to all companies involved and visit to company community liaison officers.
She advised that as many evidence, year by year, exposing harms done to the community in the 11 years of the pollution, as possible should be collated.
The last case was from Otuabagi Community women from Bayelsa State. Mrs. George Bilaye told the tribunal that her community was host to Nigeria’s first commercial oil extraction and has since been left desolate denying the people the opportunities and benefits that should have accrued from that vantage position.
She said all the people have is a legacy of spills which have so destroyed life in that community such that research has revealed that there are particles of crude oil in their bloodstreams, while vices reign in the land as a result of the long neglect.
She said the once rich farming and fishing community is no longer productive spreading poverty, hunger and sickness, thanks to continued cases of oil spills even after Shell has pulled out from the area.
According to her submission, Otuobagi is host to 22 of the 24 oil wells in that area yet boasts of no social amenity except for the water from an NDDC project.
Mrs. George presents as evidence, copies of the Kebetkache recent research report on the Social and Health Implications of Oil Activities in Otuogbagi, a report that she explained had been publicly presented in Bayelsa State and copies sent to related ministries and departments.
She prayed the tribunal to rule that Shell should come back and restore the Community’s environment.
Presiding judge ruled that the Otuabagi women have a case to pursue.
According to her: “The Otuabagi case is a good case. The Report presented is evident and needs to be followed up. The people are entitled to seek compensation for damage, proper health healthcare, etc. Otuabagi should be properly put in the oil map.”
At the end of the session, the complainants and their fellow women who watched the mock tribunal, were advised to always back their claims with concrete evidence like medical reports for petitions around injury/health, as well as important pictures as those aid petitioners to justify their claims and make judicial success more likely.
“Evidence is key in establishing any form of abuse/damage. Health allegations must be backed up with results from reputable consultants. Take care to ensure your case is well managed, well planned and build your evidence.
“The court can order the other party to appear before it., concentrate on building your evidence. If you are presenting pictures, you must explain how the picture was produced, when, and by who.
“There must also be evidence of correspondence to the company and notice of a period within which to act (a three month period).”
In her remarks, convener of the mock tribunal and executive director of Kebetkache, Dr. Emem Okon, said the tribunal was aimed at drawing wider attention to how environmental abuse adversely affects women in the oil host communities and also build the capacity of women to access justice.
She said the August 7 tribunal was the fifth organised by her organisation noting there is evidence of improvement in presentations.
“This is the fifth tribunal and as you can see, it has taken a new dimension. The Uyo tribunal had legal representatives acting for both sides,” she stated.
The foremost gender environmental advocate in the Niger Delta called on community women to see the day’s proceedings as “capacity building” and embrace the knowledge gained.
She urged them to become more intentional with documentation as a path to achieving the sought environmental justice.
“Everything happening in your community, every action you take, there must be documentation. Take pictures; report and document, write to companies before your actions.
“If we have to take cases to court, we need to be prepared. Be alert,” she charged.
Dr Okon appreciated the tribunal panel especially the presiding judge for their interest in and contributions to Kebetkache projects, stressing that the organisation will not relent in seeking justice for Niger Delta women.
