Kingston, Kato Gogo (2010): Shell Oil Company in Nigeria: Impediment or Catalyst of Socio-Economic Development? Published in: African Journal of Social Sciences , Vol. 1, No. 1 (1. February 2011): pp. 14-34.
Download (139kB) | Preview
The aim of this paper is to investigate whether the She oil company, through investment and crude oil exploration, benefits socio-economic growth in Nigeria in general and in the Niger Delta of Nigeria in particular. In 1998, the United Nations Special Rapporteur's report on Nigeria accused Nigeria and Shell of violating human rights and failing to protect the environment, and called for an investigation into Shell activities in Nigeria. The report condemned Shell for arming the security forces which it regularly deploy to use lethal force civilians that protest against the oil firm.” The paper explores the matrix within which the socio-economic rights (human rights, development rights and environment rights) have been significantly marginalised and the implications of the lack corporate social responsibility and the lack of accountability of Shell to the inhabitants of the Niger Delta of Nigeria. With respect to environmental obligations, the paper discusses how environmental degradation in the Niger Delta has infringed on human rights thereby impeding growth and economic development. The paper suggests possible future directions and initiatives for civil society in making corporations more accountable to states, citizens and the planet.
|Item Type:||MPRA Paper|
|Original Title:||Shell Oil Company in Nigeria: Impediment or Catalyst of Socio-Economic Development?|
|Keywords:||Shell, Crude oil, Nigeria, Development, Economy|
|Subjects:||K - Law and Economics > K2 - Regulation and Business Law
K - Law and Economics > K1 - Basic Areas of Law > K12 - Contract Law
K - Law and Economics > K2 - Regulation and Business Law > K21 - Antitrust Law
K - Law and Economics > K1 - Basic Areas of Law > K14 - Criminal Law
K - Law and Economics > K1 - Basic Areas of Law > K11 - Property Law
K - Law and Economics > K3 - Other Substantive Areas of Law > K32 - Environmental, Health, and Safety Law
K - Law and Economics > K3 - Other Substantive Areas of Law > K33 - International Law
K - Law and Economics > K1 - Basic Areas of Law > K13 - Tort Law and Product Liability ; Forensic Economics
K - Law and Economics > K2 - Regulation and Business Law > K22 - Business and Securities Law
K - Law and Economics > K2 - Regulation and Business Law > K23 - Regulated Industries and Administrative Law
K - Law and Economics > K1 - Basic Areas of Law
K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K42 - Illegal Behavior and the Enforcement of Law
|Depositing User:||Kato Gogo Kingston|
|Date Deposited:||08. Feb 2011 09:20|
|Last Modified:||09. Mar 2015 23:48|
Amnesty International (2003) Nigeria Repression of women’s protests in Crude oil - producing delta region, AI Index: AFR 44/008/2003, 1 February.
Amnesty International (2004) Human Rights & Crude oil in Nigeria, AI Index: AFR 44/020/2005, 1 August
Amnesty International (2004) Nigeria: Are human rights in the pipeline? Amnesty International, 9 November
Amnesty International (2005) Nigeria Ten years on: Injustice and violence haunt the Crude oil Delta, AI Index: AFR 44/022/2005, 3 November.
Amnesty International (2005) Nigeria: Claiming rights and resources Injustice, Crude oil and violence in Nigeria, AI Index: AFR 44/020/2005, 3 November
Bravo, Elizabeth, Crude oil That Flows, Seas that Bleed, in The Crude oil Flows The Earth Bleeds, Bravo, E. (ed.) Crude oil watch, Quito, 1999 cited in Nnimmo Bassey, “Crude oil And Gas In Africa: Ecological Debt Huge As The Sky”, Earth Rights Action, full text at: www.debtwatch.org/cast/docs/observatoris/deco/Crude oil andgas.doc
Daly, Herman (1998) Reconciling Internal and External Policies for Sustainable Development; In Dragun, A.K. and
Jakobsson, K.M. (eds) Environmental Policy: New Perspectives. Cheltenham: Edward Elgar Press, pp. 11-31
Ekins, P. (1997) Sustainability as the basis of environmental policy. In Dragun, A.K. and Jakobsson, K.M. (eds.) Environmental Policy: New perspectives. Edward Elgar, Cheltenham, UK, pp. 33-61.
Finn, Ed (1999) The Revolt Against Corporate Rule, Briarpatch July-August.
Greenpeace International (1994) Shell-Shocked: The Environmental and Social Costs of Living with Shell in Nigeria”, July edition
Hillemans, Carolin (2003) UN Norms on the Responsibilities of Transnational Corporations and, other Business Enterprises with Regard to Human Rights, German Law Review Vol. 4 No. 10.
Hugo Slim (1995) What is development? Development in Practice; volume 5, No. 2
Human Rights Watch/Africa (1995) Nigeria: The Ogoni Crisis - A Case Study of Military Repression in South Eastern Nigeria, July.
Idowu, A (1999) Human Rights, Environmental Degradation and Crude oil Multinational Companies in Nigeria: The Ogoni land Episode, 17(2) Netherlands Quarterly of Human Rights 161.
James A. Paul and Jason Garred (2000) Making Corporations Accountable, A Background Paper for the United Nations Financing for Development Process, Global Policy Forum, December 2000, full text available at: www.globalpolicy.igc.org/socecon/ffd/2000.papr.htm
Jenkins, R. (1987) Transnational Corporations and Uneven Development: The Internationalization of Capital and, The Third World, Routledge: London
Kretzman, Steve (1995) Nigeria's 'Drilling Fields, Multinational Monitor, January/February.
Lawson, R (1998) Out of Control: State Responsibility and Human Rights: Will the ILC’s Definition of the “Act of State” Meet the Challenges of the 21st Century? in Castermans, M et al (eds) The Role of the Nation-State in the 21st Century The Hague: Kluwer Law International Leckie, S (1998) Another Step Towards Indivisibility: Identifying the Key Features of Violations of Economic, Social and Cultural Rights, 20 Human Rights Quarterly 82
Meeran, R (1999) The Unveiling of Transnational Corporations: A Direct Approach” in Addo, M (ed) Human Rights Standards and the Responsibility of Transnational Corporations The Hague: Kluwer International
Nigerian Tide Newspaper (1995) Statement made by the SPDC Managing Director, Brian Anderson, Port Harcourt, Nigerian Tide, 17 November.
Nnimmo Bassey, “Crude oil And Gas In Africa: Ecological Debt Huge As The Sky”, Earth Rights Action, full text at: www.debtwatch.org/cast/docs/observatoris/deco/Crude oil andgas.doc
Offiong, D. A (1980) Imperialism and Dependency, Enugu: Fourth Dimension Publications
PIRC (1996) Controversies Affecting Shell in Nigeria”, A Report by PIRC to Minority Group in Niger Delta, March Portmann, Jutta and, Seidler, Alex (2003) The Human Rights Responsibilities of Transnational Corporations: Why Transnational Corporations Should Care, CCRS Occasional Paper Series, Paper No. 01/03, University of Zurich, November
Ochoa, Christiana ((2003) Advancing The Language Of Human Rights In A Global Economic Order: An Analysis Of A Discourse”, Boston College Third World Law Journal, Volume 23, No. 1
Odinkalu, C (2001) Analysis of Paralysis or Paralysis by Analysis: Implementing Economic, Social and Cultural Rights under the African Charter, 23 Human Rights Quarterly 327
Odongo G. O (2002) “Making Non-State Actors Accountable For Violations Of Socio-Economic Rights: A Case Study of Transnational Corporations In The African Context”, (Unpublished) submitted in partial fulfilment of the requirements of the degree LLM (Human Rights and Democratisation in Africa), Faculty of Law, University of the Western Cape, Cape Town, South Africa, 30 October
Olorode, O. 'Imperialism, Neocolonialism and the Extractive Industries in Nigeria' in Ken Saro-Wiwa and the Crisis of the Nigerian State, Olorode, O. et al (eds) CDHR, Lagos
Roberto Bissio (1999) “Third World Institute”, Speech at Montevideo Uruguay
Rodney, Walter (1982) How Europe Underdeveloped Africa, Washington: Howard University Press
Scott, C (2001) Multinational Enterprises and Emergent Jurisprudence on Violations of Economic, Social and Cultural rights” in Eide, A et al (eds) Economic, Social and Cultural Rights: A Textbook The Hague: Kluwer Law International
Shaw, M (2003) International Law, 5th Edition, Cambridge: University press
Skogly, S (1999). Economic and Social Human rights, Private Actors and International Obligations” in Addo, M (ed) Human Rights Standards and the Responsibility of Transnational Corporations The Hague: Kluwer International
SPDC, Operations in Nigeria, Shell Briefing Note, May 1994 SPDC (1995) Shell In Nigeria, Shell International Petroleum Co, An Official Paper of the Shell Management In Nigeria
SPDC (1995) Statement by SPDC Managing Director Brian Anderson, Press Release, 14.11.95, Shell International Petroleum Company Press Release 15.12.95
Stephens, B (2000) Corporate Accountability: International Human Rights Litigation Against Corporations in US Courts” in Kamminga, M T & Zia-Zarifi, S (eds) Liability of multinational corporations under international law The Hague: Kluwer Law International
WCS (1990) World Conservation Strategy for the 1990’s, Perspectives on the second draft of “Caring for the World: A Strategy for sustainability, presented to the General Assembly of the World Conservation Union (IUCN), 28 November
Woodroffe, J (1999) Regulating Multinationals in a World of Nation States in Addo, M (ed) Human Rights Standards and the Responsibility of Transnational Corporations The Hague: Kluwer International
African Charter on Human and Peoples’ Rights Organisation of African Unity (Doc. CAB/LEG/67/3/Rev. 5), (1982) Central Bank of Nigeria, Fiscal Review Papers, Abuja, Nigeria
Central Bank of Nigeria (2005) Annual Report and Statement of Accounts, 2000, and EIU 2001a, except for data for 2001 and 2002, which are Economic Commission for Africa estimates based on official sources, including Nigeria, Ministry of Finance 2000a
Committee on Economic, Social and Cultural Rights General Comment No. 12 “The Right to adequate food (Art 11) 12/05/1999, UN Doc: E/C.12/1999/5
Committee on Economic, Social and Cultural Rights General Comment No 14, The Right to the highest attainable standard of health (Art 12)’ 4/07/2000, UN. Doc E/C.12/2000/4
IDA “Memorandum of the President of the International Development Association and the International Finance Corporation to the Executive Directors on an Interim Strategy Update for the Federal Republic of Nigeria”, February 13, 2002, Report No. 23633- UNI, paragraph 15 International Covenant on Civil and Political Rights, adopted 16/12/1966; G.A. Res 2200 (XXI), UN. Doc A/6316 999 UNTS 171, (1966)
International Covenant on Economic, Social and Cultural Rights, adopted 16/12/1966; G.A. Res 2200 (XXI), UN. Doc A/6316 993 UNTS 3, (1966)
Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, 20 Human Rights Quarterly 691, (1998).
Oloka-Onyango, J and Udagama, D “Globalization and its full impact on the enjoyment of human rights.” A Preliminary Report submitted in accordance with UN Sub-Commission on the Promotion and Protection of Human Rights Resolution 1999/8, UN. Doc. E/CN.4/Sub.2/2000/13, 15/’06/2000, available at www.unhchr.ch (last visited on 18 March 2006)
UN Commission on Human Rights, Sub-Commission on the Protection and Promotion of Human Rights, 52nd Session, E/CN.4/Sub.2/2000/1/Rev.1, 1 August 2000, p17 UN Global Compact, Doc. E/CN.4/Sub.2/2003/12/Rev.2, Global Compact NORMS Doc (2003)
UN General Assembly Resolution 41/128, 1986, also in United Nations General Assembly Resolution 2200A (XXI) of 16 December 1966
UN General Assembly, The Brundtland Commission Report on Development and International Economic Corporation – Environment, 4 August 1987
UN Declaration on the Right to Development, Adopted by General Assembly resolution 41/128 of 4 December 1986
UN “Nigeria—Untapped Potential” UN Economic Report on Africa 2002: Tracking Performance and Progress. Also cited in Central Bank of Nigeria, Annual Report and Statement of Accounts, 2000, and EIU 2001a, except for data for 2001 and 2002, which are Economic Commission for Africa estimates based on official sources, including Nigeria, Ministry of Finance 2000a.
UNCHR “Preliminary study of the independent expert on the right to development, Mr. Arjun Sengupta, on the impact of international economic and financial issues on the enjoyment of human rights”, submitted in accordance with Commission resolutions 2001/9 and 2002/69, E/CN.4/2003/WG.18/2, 18 February 2006.
UNCTAD, “World Investments Reports 1996 and 1997; Secretary General’s Report: Activities of the Transnational Corporation, Management Division and Its Joint Units: The Universe of TNCs”, E/C.10/1993/11/36
UNDP “Strategic Gas Plan for Nigeria, Joint UNDP/World Bank Energy Sector Management Assistance Programme” (ESMAP) (February 2004), paragraph 2.5
UNDP, Human Development Report 2000
UNDP Human Development Report, New York/Geneva, 1999 p. 100 World Bank, “Industry and Energy Operations Division, West Central Africa Dept., Defining an Environmental Development Strategy for the Niger Delta”, Volumes 1 & 2 (May 25, 1995) UN, Universal Declaration of Human Rights (UDHR) U.N. Doc. A/810, 71 (1948)
UN, International Covenant on Economic, Social and Cultural Rights (ICESCR),
U.N. Doc. A/6316 (1966) (ratified by Nigeria Oct. 1993)
UN, the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD), U.N.T.S. 195 (1966) (ratified by Nigeria, Oct. 1967)
UN, Convention on the Elimination of All Forms of Discrimination Against Women, U.N. Doc. A/RES/34/180 (1980) (ratified by Nigeria, June 1985)
UN, International Convention on the Rights of the Child (CRC), U.N. Doc. A/RES/44/25, 1989 (ratified by Nigeria, Apr. 1991);
www.unhchr.ch (last visited on 18 March 2006).
www.globalpolicy.igc.org/socecon/ffd/2000.papr.htm last visited on 28 April 2006
http://www.cesr.org last visited 30 April 2006.
www.nigerdeltacongress.com/earticles/ecological_debts_and_transnation.htm last visited on 20 April 2006
http://www.essentialaction.org/shell/issues.html last visited on 29 April 2006
www.debtwatch.org/cast/docs/observatoris/deco/Crude oil andgas.doc last visited 22 April 2006
http://www.elaw.org/ last visited 30 April 2006
Essential Action Organisation, “Shell in Nigeria: What are the issues?”
www.cedigaz.org last visited 30 April 2006
http://www.climatelaw.org/media/gas.flaring.suit/#fact last visited 30 April 2006
Suit No. FHC/CS/B/153/2005 brought by Jonah Gbemre on behalf of himself and the Iwherekan Community of Niger Delta (Unreported), Federal High Court, Benin, Nigeria (2005)
Court of International Justice, No. 17, Norton, September 13, 1928.
The Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v. Nigeria Communication 155/96 decided at the African Commission’s Ordinary Session held from 1 to 27 October 2001. SERAC petition available at http://www.cesr.org last visited 30 April 2006.
X and Y v Netherlands 91 ECHR (1985)