9.4.1 Reconciliation process between the Ogoni People, Shell and the Nigerian Government

In 2005, a decade after the execution of Saro-Wiwa and his compatriots, President Obasanjo announced the establishment of a reconciliation process involving Shell, the Ogoni, and both the Federal and Rivers State Governments.1 Reverend Father Matthew Hassan Kukah, a well-known figure in Nigeria, was appointed as a facilitator to handle the peace process. Among the items for negotiation, an environmental assessment of Ogoniland and its eventual clean-up of oil spills were set as priorities by the parties.2

As a long-term commitment to the reconciliation process, Shell stated that it will assess and proceed with cleaning-up of oil spills that occurred in the area since the company left in 1993, irrespective of how the oil spills did occur. Shell offered to initiate dialogue with the Ogoni communities.3 Pursuant to a press release, its development programme in Ogoni has been maintained despite the fact that the company has ceased its activities there in order to maintain a good relationship with the communities. Additionally, Shell stressed that it needs the freedom to conduct normal operations in order to assess the conditions of its facilities in Ogoniland and to make them safe. Shell Nigeria Annual Report 2006 stated that the company: "remains committed to an amicable resolution of issues and will continue to do its part to support the reconciliation process".4

From the side of the representatives of the Ogoni, MOSOP stressed that steps should first be taken by Shell, the Federal and the State Government to ensure the integrity and confidence-building in the entire process. After this, measures should be taken regarding the environmental degradation and rehabilitation of Ogoniland, including the conduct of an independent audit, a substantive clean-up of oil spills, and prevention of further damages.5

They also requested an apology for "past injury and firm commitments against future repetition" and connected damages. Furthermore, MOSOP stressed the opportunity to provide solutions concerning the political marginalisation of the Ogoni, their struggle for self-determination and to promote their socio-economic development, including sharing the benefits of oil exploitation.

In the course of the reconciliation process in 2005-2006, MOSOP considered that it has not been properly consulted and informed by the facilitator of all developments. In particular, they were concerned about the public announcement of an eventual clean-up plan of the polluted area to be sponsored by Shell and executed by UNEP, under which project MOSOP had not been duly informed and consulted.6 Some estimated that MOSOP saw this clean-up as a manoeuvre by Shell to service its facilities in preparation for its return to

Ogoniland. 7

As a measure of reconciliation in 2005, the Federal Government inaugurated an Oil Spill Compensation Committee towards finding solutions to the problem of oil spillage in the Niger Delta. 8 The work of the Oil Spill Compensation Committee was subsequently transferred to a national regulatory agency; the National Oil Spill Detection and Response Agency (NOSDRA). In accordance with the National Oil Spill Detection and Response Agency Act, NOSDRA is responsible for ensuring compliance with all existing environmental legislation and detection of oil spills in the petroleum sector. 9 At the beginning of 2008, the Director General of NOSDRA announced that the guidelines on spillage management and related compensation for damaged property were being prepared by the relevant authorities. 10

For its part, the Rivers State Government announced in 2006 the creation of a special fund to enable development projects in Ogoniland. 11

From an external perspective, it appears difficult to ascertain the outcome of this reconciliation process for the different parties involved. From the information provided by the facilitator, Shell and the governmental authorities, progress has been achieved and concrete steps taken. From the perspective of MOSOP though, no solution has clearly emerged; these negotiations have simply ceased without solving anything.12

Nevertheless, a significant proposal connected to the objectives of the reconciliation process is on its way to being concretised. At the request of the Nigerian Government, UNEP announced in November 2007 its plan of undertaking a comprehensive environmental assessment of oil-impacted sites in Ogoniland in association with the United Nations Development Programme (UNDP). The project started in the autumn of 2007 and was expected to be completed by the end of 2008.13 Following the survey, recommendations will be drafted on the basis of international standards for a subsequent clean-up programme.14 Only the future can tell if this project can generate concrete positive impacts in the region.

As mentioned, one capital aspect of the reconciliation process for the Ogoni was to reconsider the distribution of oil proceeds. It is deemed necessary to further explore this matter.