Public Participation and Sustainable Community Development In N’Delta

Statement By Edward T. Bristol-alagbariya On The Occasion Of The Launching Of Participation In Petroleum Development: Towards Sustainable Community Development In The Niger Delta, At The Transcorp Hilton, Federal Capital Territory (Fct), Abuja, Federal Republic Of Nigeria, On Thursday, November 26, 2009.

I will not pretend to be the reviewer of my book. Nevertheless, it is important for me to make this statement.

The book states that public participation (PP, also referred to as public involvement [PI] presupposes that members of the public affected by a decision have the right to be involved in the making of such a decision. Based on Principle 10 of the Rio Declaration on Environment and Development, 1992, as elaborated in the Aarhus Convention of 1998, on access to information, PP in decision-making and access to justice in environmental matters, the book demonstrates that PP (ie, interactive PI) can enhance or generate environmentally-sound and socially-equitable Sustainable Community Development (SCD) in the course of petroleum development in the Niger Delta.

PARTICIPATION IN PETROLEUM DEVELOPMENT: Towards Sustainable Community Development in the Niger Delta demonstrates that extractive industrial operations (ie, oil and gas, mining and mineral resources development operations) impede sustainable development (SS). Yet, these operations can contribute to SD, if they are embarked upon in accordance with the principles of SD. These principles are the Principle of Participation, Precautionary Principle, Pollution Prevention Pays Principle (3P +), Polluter Pays Principle (PPP), User Pays Principle (UPP), Principle of Intra­Generational Equity, and Principle of Inter-Generational Equity.

The book discusses environmental democracy, rooted in the ongoing global participation explosion, as the cause and the cure of the adverse effects of petroleum and other extractive industrial operations in Nigeria and other developing countries suffering from the resource curse. It considers that environmental democracy (ie, PP in environmental decision-making) regarding major natural resources development in Nigeria falls short of the globally agreed degree of environmental democracy expressed in Principle 10 of the Rio Declaration on Environment and Development, 1992, and elaborated in the Aarhus Convention on Participation, 1998.

The need therefore arises to amend Nigerian Minerals and Mining Act, 2007, as well as a drastic review of the Petroleum Industry Bill (PIB) 2009 (presently before the National Assembly) so as to harmonise this Bill with the recommended review of the Minerals and Mining Act. For instance, the mere allocation of SD oriented duties and responsibilities to the Minister without the realisation of the requisite government regulatory measures expressed, for instance, in Article 29 of the Johannesburg Declaration on SD, 2002, cannot guarantee SD in the solid minerals producing areas of the country. Article 29 of the Johannesburg Declaration on SD, 2002, provides that We agree that there is a need for private sector corporations to enforce corporate accountability, which should take place within a transparent and stable regulatory environment.

Besides, it is ironical that the Minerals and Mining Act and the PIB deals with the same extractive industrial operations. Yet, there is a wide gap between them which the National Assembly should address in the interest of the oil producing communities. May I repeat by stating clearly that even the Minerals and Mining Act falls short of internationally agreed degree of environmental democracy under the United Nations system.

Regarding Environmental Assessment (EA), the book notes that the prevailing development projects level EA process is seriously plagued by implementation challenges. Consequently, based on the Environment Initiative of the New Partnership for Africa’s Development (NEPAD), the book recommends formal introduction of Strategic Environmental Assessment (SEA), in the effort towards SD in Nigeria. SEA is a systematic, objective-led, evidence-based, proactive and participatory decision-making support process for the formulation of sustainable policies, plans and projects/programmes (PPPs), towards improved governance. It is a Good Governance (GG) instrument which characterises a more holistic approach to decision-making than development projects level in EA towards SD.

PARTICIPATION IN PETROLEUM DEVELOPMENT: Towards Sustainable Community Development in the Niger Delta identifies the economic, social, environmental and governance aspects or spheres of SD, and narrows unto governance as the bedrock of or key to SD. It echoes the expression of the World Commission on Environment and Development (WCED, – ie, the Brundtland Commission) to the effect that ‘. .. in the final analysis, sustainable development must rest on political will.’

Consequently, the finding of the book towards SCD in the Niger Delta emphasises the need for the improvement of Corporate Social Responsibility (CSR) in the Delta region and other oil-producing areas, enhanced by Social Responsibility of the Communities (Community Social Responsibility -SRCs), and a greater need for Government Social Responsibility (GSR) embedded in Good Governance (GG).

While craving for GG in relation to the role of government therefore, the book rebukes corruption and advocates true federalism and transparent and accountable democratic governance in the Federal Republic of Nigeria. It cites Section 14 (2) (b) of the 1999 Constitution of the Federal Republic of Nigeria (FRN), which provides that the security and welfare of the people shall be the primary purpose of governance, and recommends that the unenforceability of economic and socio-cultural (ESC) rights of citizens provided in this area (ie, Chapter 2 of the Constitution) be reviewed and this area of the Constitution requires amendment, in order to impose a duty on government to observe the provisions of the Chapter based on the merit of each case.

Regarding proper or effective access to information as an ingredient of interactive citizens’ participation, based on the Promotion of Access to Information Act (PAIA), No.2, 2000, of the Republic of South Africa, the book advocates a Freedom of Information (FOI) Law which can guarantee Nigerian citizens unfettered access to information, towards improved transparency and accountability in governance. It highlights that the PAIA of the Republic of South Africa, was enacted to give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights; and to provide for matters connected therewith.

It is the finding of the book regarding environmental democracy that there is a need for proper engagement of resources producing communities, in order to obtain their free, prior and informed consent (FPIC), – as internationally recognised and accepted. The book recommends the development of strategic partnerships (including strategic developmental partnerships) based on shared responsibility, mutual cooperation and trust, greater public interest among major stakeholders of petroleum and other major natural resources development. Thus, in place of the Memoranda of Understanding (MoUs) being entered into with the oil producing communities, the book recommends impact-benefit agreements (IBAs) or other forms of Good Neighbour Agreements (GNAs) such as the Whitehorse Mining Initiative (WMI) of the Federal Republic of Canada, which are capable of enhancing SD in the Delta region and other resources producing communities in Nigeria. Thus, based on the impact-benefits rational of IBAs, the book recommends equity participation based on impact-benefits and other impact-mitigation measures in the interest of major natural resources producing communities.

Other significant highlights of the book include the following:

1). The platforms or principles of the Delta region’s resource control movement are social justice, equity and fair-play. However, the contradiction of this movement is that due to such negative developments as social capital relations, citizens and citizen-groups of the region are unable to uphold these principles in a great measure of their inter-personal, and intra- and inter­communal relations.

2). The book notes that corruption in governance exist in the poor, backward and neglected Delta region. Also, there are traditional rulers diverting compensation, development projects, development funds, and trust funds, etc, accruing to their people in the course of petroleum development in the region’s communities. Some opinion and youth leaders are equally not left out in this game of diverting public benefits into private gains, in the course of the resource control struggle in the Delta region.

It may at this juncture be pointed out that one of the serious issues that I had to contend with during my Doctoral and Post-Doctoral programmes is that even though governments and communities in the Delta region and other oil producing areas deserve more from the Federal Government and MNOCs, the revenues and other benefits so far being derived are not being gainfully utilised in the overall interests of these areas. Privatisation of public benefits by privileged few in the oil producing areas must therefore stop or be effectively checked by instruments of law and other forms of due process in Nigeria.

Be it in the oil producing areas or other areas, appropriation and mismanagement of public wealth must be drastically checked in the effort towards SD in Nigeria. Transparency and accountability in decision-making and management of public wealth must be the order of the day in Nigeria, and other developing countries suffering from the resource curse.

Finally, it must be stated that the UN Millennium Development Goals (MDGs) are minimum standards for countries to achieve. Therefore countries such as Nigeria need congratulate themselves for achieving only a measure of these goals. May it also be noted that SD is about “people”. It is about the well-being of humanity, especially the poor. The march towards SD in Nigeria should therefore not be hindered by such sectional and sectionalistic factors as tribal and religious cleavages, etc. etc.