Einde inhoudsopgave
Corporate Social Responsibility (IVOR nr. 77) 2010/9.1.3.2
9.1.3.2 The MOSOP
Mr. T.E. Lambooy, datum 17-11-2010
- Datum
17-11-2010
- Auteur
Mr. T.E. Lambooy
- JCDI
JCDI:ADS371855:1
- Vakgebied(en)
Ondernemingsrecht (V)
Voetnoten
Voetnoten
Wiwa, supra note 32, p. 16.
Since political control is not a 'clear cut game', it could also be argued that the Niger Delta representatives should have created alliances with other progressive political platforms.
See: Wiwa, supra note 32, pp. 124-125.
Article 3 of the UNDRIP (A/RES/61/295), 2007. The UNDRIP was adopted by the General Assembly on 13 September 2007 after over 20 years of debate. The recorded vote was of 143 in favour to 4 against, with 11 abstentions, including Nigeria. See also: Article 1(2) of the UN Charter, 1945.
Article 4 of the UNDRIP.
Okonta and Douglas, supra note 2, p. 182.
Ibid., p. 117. Especially, MOSOP requested Shell, Chevron and NNPC to pay damages of 4 billion dollars for destroying the environment and 6 billion dollars in unpaid rent (back-rent) and royalties.
Wiwa, supra note 32, p. 17.
Against this background, Ken Saro-Wiwa, a Nigerian poet, writer, television-producer and environmentalist, launched the Movement for the Survival of the Ogoni People (MOSOP) in August 1990. This organisation was established as a vehicle to "mobilise the Ogoni People and empower them to protest against the devastation of their environment by Shell, and their denigration and dehuma-nisation by Nigeria's military dictators".1 This non-violent organisation aimed to protect their endangered ecosystem and resources, and strive for greater social justice.
Saro-Wiwa was also known to be a fervent activist on the political plane; arguing for democratic accountability and direct representation of the Ogoni in all national institutions. Indeed, since the coming of the independence of Nigeria, the situation had not changed: the national politics were still dominated by the three larger ethnic groups. Consequently, the minorities, including the Ogoni, were - in their view - systematically excluded from power.2
In October 1990, the MOSOP presented the Ogoni Bill of Rights to the
Government. This bill requested, among others, the political right of the Ogoni to self-determination in the Nigerian Federation; adequate representation and direct representation in national institutions; the right to control and use of a fair proportion of the economic resources in Ogoniland for its development; language and culture rights; and the right to protect their environment from further degradation.3 The wording of the Ogoni Bill of Rights closely follows the fundamental principles contained in the United Nations Declaration on the Rights of Indigenous People (UNDRIP), which reaffirms the right to self-determination of Indigenous People.4 The right to self-determination generally refers to the right of Indigenous People to freely determine their political status and pursue their economic, social and cultural development. By virtue of that right, Indigenous People "have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means of financing their autonomous functions."5
The Ogoni Bill of Rights was followed by further instruments created by other groups (e.g. the Izon Peoples Charter, the Ogbia Charter) addressing similar issues related to access and control of land and resources in the Niger Delta.6
Another significant milestone for the MOSOP was the announcement in November 1992 of a thirty-day ultimatum to all the oil companies operating on their land, including SPDC, to pay back rents and royalties as well as compensation for lands devastated by the oil industry or otherwise, to leave. The companies ignored their request and pursued the usual course of business.7
The same year, Saro-Wiwa was imprisoned for several months without trial by the military government then headed by the dictator General Sani Abacha.
In January 1993, the MOSOP organised a peaceful protest march to draw attention to their cause during which approximately 300,000 Ogoni (i.e. three out of every five Ogoni) took the streets. That day "the Ogoni declared Shell persona non grata until it paid back rents and cleaned up the environment."8