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Arabica Robusta

Some good background reading while waiting for the Kiobel decision - Pipe(line)Dreams - 0 views

  • Amid severe repression, nine members of the movement, including Dr Barinem Kiobel, were arrested, charged with specious crimes, tortured and summarily hanged. Dr Kiobel’s widow Esther and 11 other plaintiffs, all either victims of torture or relatives of victims residing in the US brought a class action suit in the US District Court.
  • In its defence, Shell argued that “the law of nations” does not recognise corporate liability for human rights abuses and that the ATS does not apply extraterritorially. Legal observers expect a decision in the Kiobel case at any time.
  • In justifying its position against the extraterritorial application of US laws, Shell underscored the “adverse consequences to US trade and foreign policy of a liberal expansion of private causes of action against corporations under international law”. It also posited that the costs associated with potential liability “may lead corporations to reduce their operations in the less-developed countries from which these suits tend to arise, to the detriment of citizens of those countries who benefit from foreign investment”.
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  • The US is not alone in grappling with the liability of transnational corporations for human rights abuses: in path-breaking litigation, Hudbay Minerals stands accused in Canadian courts of complicity in human rights abuses in Guatemala.
  • Complicating efforts to hold transnational corporations accountable is the fact that companies often construct a series of subsidiary companies that mask their true ownership, make it hard to impost corporate liability. Imposing corporate accountability is further impeded by other factors.
  • Logistically, many countries in the Global South where many transnational corporations operate lack the institutional and judicial capacity to manage complex litigation. Moreover, subsidiary companies often funnel profits to the parent corporations, leaving them with inadequate cash reserves to satisfy legal liabilities. Lastly, as noted above, governments may be reluctant to send a message of corporate accountability because those in power are often the most direct beneficiaries of corporate activity.
  • The corporations that voluntarily adhere to principles of Corporate Social Responsibility are likely not the vociferous opponents of accountability, and are arguably at a competitive disadvantage when others are permitted to violate human rights with impunity. Given corporate complicity in egregious abuses around the world, respect for human rights should not be a function of voluntary compliance but instead a matter of enforceable legal rights. The international community must demand accountability, and reinforce and reaffirm the practices of corporations that do take seriously the impact of their behaviour. The Supreme Court’s decision in the Kiobel case should advance global justice by categorically rejecting impunity for human rights abuses in which transnational corporations are complicit.
Arabica Robusta

Pambazuka - The Chevron precedent - 0 views

  • The Bowoto case is the legal reaction to Chevron’s role in a 1998 protest by Nigerian community activists in the Niger Delta. The unarmed demonstrators boarded an oil platform and adjacent barge, property of subsidiary Chevron Nigeria Ltd, in protest over the environmental and economic damage caused by oil production in the region. The activists were attacked on 28 May by Nigerian authorities ferried to the floating protest by the oil corporation. Two men were killed and several more protestors injured. Three others claim detention and torture.
  • After nearly 10 years of pre-trial motions wherein many claims were dropped by a pre-trial judge, the case finally debuted in trial in October 2008 and a decision was handed down on 1 December the same year. The nine-bench jury decided in favour of Chevron, clearing the corporation of any liability under the various claims. It was a defendant’s victory, but civil society groups and legal experts still label the case a milestone in advancing corporate accountability.
  • The Bowoto case is the first time the multinational magnate Chevron USA Inc. has been successfully taken to a US court for the actions of an overseas subsidiary. ‘Chevron has a very intricate structure, used in part to try and shield itself from liability,’ Simons said. The case has effectively scrapped this corporate strategy.
    • Arabica Robusta
       
      To what extent will Chevron's corporate response strategy be scrapped by this decision?  It is a sad lesson in the state of corporate recklessness that a blanket victory for Chevron in court is nevertheless considered a "milestone in advancing corporate accountability."
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  • The case also broadens the recourse for victims of human rights abuse by American corporations, who can seek redress in US courts under the aiding-and-abetting theory used in Bowoto v. Chevron Corp. that a corporation can be held liable as a third party.
  • The ATS is a US law that lets foreign citizens bring claims to US courts for damages done outside of the country. Claims are rarely upheld however, because judges have narrowly interpreted how the ATS is applied. This happened in a 1993 class action suit against Chevron and subsidiary Texaco, representing some 30,000 residents in the Amazon according to Amnesty International. The case was dropped by the US courts and palmed off to Ecuador where it is still ongoing. Other corporations domestically unscathed after US courts dismissed ATS claims include Talisman Energy Inc., the Southern Peru Copper Corporation and Coca-Cola.
  • At trial the District Court judge found a corporation is not an individual and can therefore not be sued under the TVPA. ‘This is significant. Most of the important legal precedents in this case have already been set … this is the only rule of law question [in the appeal].’ The TVPA is a civil law that lets citizens file a suit against another party that, acting for a foreign nation, commits torture or extrajudicial killing. In Bowoto v. Chevron Corp. the TVPA claim was thrown out. The word ‘individual’, according to the trial judge, does not describe the multinational Chevron.
Arabica Robusta

CorpWatch : Obama Admininstration Backs Shell in Supreme Court Case - 0 views

  • Lawyers at EarthRights International, a Washington-based human rights law nonprofit, say they suspect that a new legal submission  - which was signed only by the U.S. Justice Department - reflects tensions inside the government on how to deal with multinational corporations do business in the U.S. Significantly, neither the State nor the Commerce Department signed on to the brief, despite their key roles in the case.
  • Filartiga v. Peña-Irala set a precedent for U.S. federal courts to punish non-U.S. citizens for acts committed outside the U.S. that violate international law or treaties to which the U.S. is a party. ATCA has brought almost 100 cases of international (often state-sanctioned) torture, rape and murder to U.S. federal courts to date.
  • No plaintiff against a corporation has won on ATCA grounds, although some have settled or plea bargained.
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  • Holder isn’t the only Justice Department staffer who defended a corporation in an ATCA case. Sri Srinivasan, recently nominated for the second highest position in the Justice Department, represented Exxon Mobil in a case brought against them by Indonesian villagers who survived alleged attacks, torture and murder by Indonesian military units hired by Exxon to provide security. Lower courts disagreed on Exxon’s liability under ATCA, and in 2011 an appeals court sent the case back to trial.
  • In February the Supreme Court agreed to hear the case to determine whether or not corporations - as opposed to private parties - could be sued under the ATCA. At that time the Justice Department, submitted a “friend of the court” brief that said they could.
  • EarthRights International filed three Freedom of Information Act requests in July to look for evidence showing whether or not corporate interests and lobbying influenced the government’s decision to back Shell. “If disclosed, this information will help reveal whether or not the business interests of Attorney General Eric Holder or Deputy Solicitor General Sri Srinivasan influenced the government’s position in Kiobel,” said Kaufman.
Arabica Robusta

Monthly Review September 2006 Michael Watts ¦ Empire of Oil: Capitalist Dispo... - 0 views

  • Although Africa is not as well endowed in hydrocarbons (both oil and gas) as the Gulf states, the continent “is all set to balance power,” and as a consequence it is “the subject of fierce competition by energy companies.” IHS Energy—one of the oil industry’s major consulting companies—expects African oil production, especially along the Atlantic littoral, to attract “huge exploration investment” contributing over 30 percent of world liquid hydrocarbon production by 2010. Over the last five years when new oilfield discoveries were scarce, one in every four barrels of new petroleum discovered outside of Northern America was found in Africa. A new scramble is in the making. The battleground consists of the rich African oilfields
  • Africa is, according to the intelligence community, the “new frontier” in the fight against revolutionary Islam. Energy security, it turns out, is a terrifying hybrid of the old and the new: primitive accumulation and American militarism coupled to the war on terror.
  • To see the African crisis, however, as a moral or ethical failure on the part of the “international community” (not least in its failure to meet the pledges promised by the Millennium Development Goals of reducing poverty by half by 2015) is only a partial truth. The real crisis of Africa is that after twenty-five years of brutal neoliberal reform, and savage World Bank structural adjustment and IMF stabilization, African development has failed catastrophically.
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  • The pillaging and privatization of the state—whatever its African “pathologies”—and the African commons is the most extraordinary spectacle of accumulation by dispossession, all made in the name of foreign assistance. The involution of the African city, notes Davis, has as its corollary not an insurgent lumpenproletariat but rather a vast political universe of Islamism and Pentecostalism. It is this occult world of invisible powers—whether populist Islam in Kano or witchcraft in Soweto—that represents the most compelling ideological legacy of neoliberal utopianism in Africa.
  • The African accumulation crisis, and the dynamics of capital and trade flows, are in practice complex and uneven. In addition to oil (and the very few cases of manufacturing growth in places like Mauritius which are little more than national export-processing platforms), the other source of economic dynamism is the (uneven) emergence of global value chains. This can be seen especially in relation to high-value agricultures (fresh fruits and vegetables) in South Africa, flowers in Kenya, green beans in Senegal. Such forms of contract production, typically buyer-driven commodity chains in which retailers exert enormous power, have created islands of agrarian capitalism that contribute to and deepen patterns of existing inequality across Africa and further the interests of business elites, which are often not African. The deepening of commodification in the countryside in tandem with demographic pressures (caused as much by civil war and displacement as high fertility regimes) has made land struggles a vivid part of the new landscape of African development.
  • It is no surprise that against this backdrop the development establishment flails around wildly. On the one side stands former World Bank economist William Easterly for whom all aid (“planning”) has been a total (and unaccountable) failure.
  • On the other stands the one-man industry otherwise known as Jeffrey Sachs who seeks to expand foreign aid—$30 billion a year for Africa—and to initiate a Global Compact by which “the rich will help save the poor,” who are as much hampered by poor physical geography as governance failure.
  • In reality what is on offer is an even bleaker world of military neoliberalism. At one pole are enclaves of often militarily fortified accumulation (of which the oil complex is the paradigmatic case) and the violent, sometimes chaotic, markets so graphically depicted in the documentary film Darwin’s Nightmare. At the other pole are the black holes of recession, withdrawal, and uneven commodification. These complex trajectories of accumulation are dominated at this moment by the centrality of extraction and a return to primary commodity production.
  • All African governments have organized their oil sectors through state oil companies that have some forms of collaborative venture with the major transnational oil companies (customarily operated through oil leases and joint memoranda of understanding).
    • Arabica Robusta
       
      Production share arrangements and joint ventures.
  • In general the international oil companies operating in Africa have production share arrangements with state oil companies (Nigeria is the exception which operates largely through joint ventures).
  • The nightmarish legacy of oil politics must be traced back to the heady boom days of the 1970s. The boom detonated a huge influx of petro-dollars and launched an ambitious (and largely autocratic) state-led modernization program. Central to the operations of the new oil economy was the emergence of an “oil complex” that overlaps with, but is not identical to, the “petro-state.” The latter is comprised of several key institutional elements: (1) a statutory monopoly over mineral exploitation, (2) a nationalized (state) oil company that operates through joint ventures with oil majors who are granted territorial concessions (blocs), (3) the security apparatuses of the state (often working in a complementary fashion with the private security forces of the companies) who ensure that costly investments are secured, (4) the oil producing communities themselves within whose customary jurisdiction the wells are located, and (5) a political mechanism by which oil revenues are distributed.
  • The oil revenue distribution question—whether in a federal system like Nigeria or in an autocratic monarchy like Saudi Arabia—is an indispensable part of understanding the combustible politics of imperial oil.
  • there has been a process of radical fiscal centralism in which the oil-producing states (composed of ethnic minorities) have lost and the non-oil producing ethnic majorities have gained—by fair means or foul.
  • the oil complex. First, the geo-strategic interest in oil means that military and other forces are part of the local oil complex. Second, local and global civil society enters into the oil complex either through transnational advocacy groups concerned with human rights and the transparency of the entire oil sector, or through local social movements and NGOs fighting over the consequences of the oil industry and the accountability of the petro-state. Third, the transnational oil business—the majors, the independents, and the vast service industry—are actively involved in the process of local development through community development, corporate social responsibility and stakeholder inclusion. Fourth, the inevitable struggle over oil wealth—who controls and owns it, who has rights over it, and how the wealth is to be deployed and used—inserts a panoply of local political forces (ethnic militias, paramilitaries, separatist movements, and so on) into the operations of the oil complex (the conditions in Colombia are an exemplary case). In some circumstances oil operations are the object of civil wars. Fifth, multilateral development agencies (the IMF and the IBRD) and financial corporations like the export credit agencies appear as key “brokers” in the construction and expansion of the energy sectors in oil-producing states (and latterly the multilaterals are pressured to become the enforcers of transparency among governments and oil companies). And not least, there is the relationship between oil and the shady world of drugs, illicit wealth (oil theft for example), mercenaries, and the black economy.
  • oil complex is a sort of corporate enclave economy but also a center of political and economic calculation that can only be understood through the operation of a set of local, national, and transnational forces that can be dubbed as “imperial oil.” The struggle for resource control that has taken center stage o
    • Arabica Robusta
       
      oil complex as a corporate enclave economy.
  • The current crisis points to the fact that the oil-producing region in Nigeria now stands at the center of Nigerian politics—for four reasons. First, the efforts led by a number of Niger Delta states for “resource control” expanded access to and control over oil and oil revenues. Second, there was the struggle for self-determination of minority peoples in the region and the clamor for a sovereign national conference to rewrite the constitutional basis of the federation itself. Third, there is a crisis of rule in the region as a number of state and local governments are rendered helpless by militant youth movements, growing insecurity, and ugly intra-community, inter-ethnic, and state violence which—as the recent events point out—can threaten the flow of oil and the much vaunted energy security of the United States. And not least, there is the emergence of a so-called South-South Alliance making for a powerful coalition of small and hitherto politically marginalized oil producing states (Akwa Ibom, Bayelsa, Cross River, Delta, Ondo, and Rivers) capable of challenging the ruling ethnic majorities (the Hausa, the Yoruba, and the Ibo) in the run-up to the 2007 elections.
  • Not surprisingly the deadly operations of corporate oil, autocratic petro-states, and the violent potentialities of the oil complex have forced the question of transparency and accountability of oil operations onto the international agenda. Tony Blair’s Extractive Industries Transparency Initiative, the IMF’s oil diagnostics program, and the Soros Foundation’s Revenue Watch are all (voluntary) efforts to provide a veneer of respectability to a rank and turbulent industry. But the real action lies elsewhere. The danger is that the ongoing U.S. militarization of the region could amplify the presence of mercenaries and paramilitaries, creating conditions not unlike those in Colombia.
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    In reality what is on offer is an even bleaker world of military neoliberalism. At one pole are enclaves of often militarily fortified accumulation (of which the oil complex is the paradigmatic case) and the violent, sometimes chaotic, markets so graphica
Arabica Robusta

Ghana's oil worries | Pipe(line)Dreams - 0 views

  • Another article, How Overpriced is Ghana’s Jubilee Field Expansion Project?, questions the projected cost of the Jubilee expansion. The higher the costs, the lower the revenues for Ghana. “It is important to note,” the article states, “that the more money that is spent on the project the longer it takes for the field to be profitable, the lower the taxes Ghana can collect, and the longer it takes for even those meagre taxes to show up.” Besides providing an important public service, the IMANI articles have also prompted a response from the Ghana National Petroleum Corporation.  You can read the lengthy GNPC press release on Ghana Oil Watch: Recent Media Discussions on GNPC and Jubilee Oil. The press release refutes IMANI’s allegations and IMANI has since issued a final statement backing up the think tank’s original estimates and statements.
  • Rather uncharacteristic of the secretive organisation, the Ghana National Petroleum Corporation (GNPC) finally issued a press statement to respond to concerns raised by civil society about Ghana’s underperforming oil industry. While the GNPC is to be commended for its increasing responsiveness and transparency … The truth is that the information the GNPC has now supplied to inform the public debate about Ghana’s oil sector would not have received broad coverage had IMANI not engaged in strong advocacy to demand such information.
  • On a somewhat related note, a U.S. law firm has announced it investigation of potential claims against KOSMOS Energy, one of the Jubilee partners: The investigation concerns allegations that the Registration Statement and Prospectus issued in connection with the Company’s initial public offering (the “IPO”) were materially false and misleading and misrepresented or failed to disclose that:
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    "I have a decent internet connection this morning, so I'll take advantage of that to post some of the back and forth between Ghanaian think tank, IMANI, and the Ghana National Petroleum Corporation (GNPC). IMANI has recently published some interesting articles on the Jubilee field's underperformance. In contrast to the excited tone of most of the business news about the country's oil industry, the IMANI articles raise serious questions about the industry's costs and prospects."
Arabica Robusta

[Corporate Lying] Shell Warns of Environmental Cost of Oil Theft in Niger Delta | Fox B... - 0 views

  • "We urgently need more assistance from the Nigerian government and its security forces, other governments and other organizations," Mr. Sunmonu said.
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    How corporations lie.
Arabica Robusta

Exxon 'loses' Venezuela nationalisation case - Features - Al Jazeera English - 0 views

  • In the latest showdown between western oil companies and Venezuela’s populist president, Exxon Mobil is widely seen as the loser, after the Paris-based International Chamber of Commerce (ICC) ruled that the world’s biggest oil company would not be entitled to most of the damages it demanded after its fields were nationalised.
  • Despite this recent victory, PDVSA is facing some trouble. Under Chavez, the energy giant has undertaken ambitious social spending, running subsidised food distribution programmes and international aid projects as if it were a state unto itself. Critics say oil companies should not be delivering government services. And the money used for "Bolivarian" projects means the corporation has less to invest in developing new reserves; production has dropped from about 3.3m barrels per day in 1998 to about 2.25m in 2011, The Economist reported.
  • Like many of its South American neighbours, Venezuela has drastically reduced poverty in the past decade; the Bolivarian Republic’s poverty rate fell from 48.6 per cent in 2002 to 27.8 per cent in 2010, according to the UN Commission for Latin America's 2011 report. Inequality also declined sharply. This progress is linked to tough negotiations with foreign oil companies, so the state can have more resources to invest in local communities, Chavez’s supporters contend.
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    This kind of oil company development is certainly more sustainable than self-interested CSR and public-private partnerships by corporations legally required to maximize their own profits.
Arabica Robusta

Pambazuka - Banks, blood and chocolate - 0 views

  • the Jubilee Ghana MV 21 BV – a special purpose company[5] comprised of energy corporations – is incorporated in the Netherlands, one of the world’s leading tax havens that provides specific loopholes for corporate activities. The consortium owns the Kwame Nkrumah MV 21 – the Floating Production Storage and Offloading (FPSO) facility that will be used to exploit Ghana’s offshore oil during the first phase of development. Commenting on the Jubilee Ghana special purpose vehicle (SPV), Elmer explains that the intent is manifold: Protecting secrecy and providing legal, tax and regulatory relaxation. ‘In this case,’ he says, ‘there is a strong suspicion that the SPV [will] charge certain services to the company, therefore reducing the profit and the taxable profit. Another option is that certain currency or derivative deals with the company [will be] made with the same effect that the taxable profit is reduced in Ghana.’ The use of the Netherland’s opaque legal and financial vehicles are likely to facilitate revenue leakage, diminishing Ghana’s projected oil revenue, estimated to inject US$800 million into the economy from 2011 and 2029 (beginning with US$20 per person in 2011 before increasing to US$75 per person by 2017, if revenues are directly remitted to citizens).
    • Arabica Robusta
       
      How does this special purpose vehicle relate to the sterilization funds?  See, e.g., http://oxfordswfproject.com/2010/03/24/ghana-petroleum-funds-take-shape/
  • Ironically, though corporate mispricing accounts for 60 per cent of illicit flight from resource-rich developing nations, specifically those in oil and-mineral rich West Africa, Ghana vies to become the Netherlands of Africa. ‘Under the IFSC, Barclays Bank has been given the license to operate the first Offshore Bank in the sub region.’[10] Cumulatively, US$13 trillion in private wealth is stashed by tax evaders and avoiders in secrecy jurisdictions. If taxed at a moderate 7.5 per cent rate of return, these funds would yield US$865 billion dollars annually.
Arabica Robusta

Obama on Wrong Side in Shell Oil Human Rights Case | Black Agenda Report - 0 views

  • But now, under these circumstances, Shell Oil claims it is not a person, subject to human law, but an entity possessing corporate immunities.
  • When Shell Oil walked into the U.S. Supreme Court building, this week, claiming that it is not responsible for the torture and murder of Nigerians in its oil fields in the Niger River Delta, the Dutch corporation had a friend in the courtroom: the Obama administration.
Arabica Robusta

PressTV - West using terror to plunder oil resources of Nigeria - 0 views

  • Balkanising the country into North-South entities would undermine the central government in Abuja and bolster exploitation by these corporations.
  • Political analyst Olufemi Ijebuode says: “The upshot of this latest massacre is to destabilize the state of Nigeria by sowing sectarian divisions among the population. The killers may have been Boko Haram operatives, but Boko Haram is a proxy organization working on behalf of foreign powers.”
  • Campbell reiterated the significant observation: “The Mubi atrocity will feed a popular perception that the government can no longer ensure security in large parts of the country.”
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  • However, the fragmentation of Nigeria would undermine the political base of the central government. Nigeria’s political class has an unenviable reputation for institutionalized corruption and graft. Those flaws would most probably intensify in splintered and weakened political administrations. In that scenario, the powerful Western oil companies stand to gain by extracting even more favorable terms for oil production.
  • Political analyst Olufemi Ijebuode is convinced that Britain, France and Israel have also stepped up covert military involvement in Nigeria over the same period.
  • The same Western objective of fracturing, balkanising and weakening countries is also seen to be playing out in Sudan, Libya, Pakistan, Somalia and Syria. Nigeria’s oil and gas riches and its position as a natural leader of African nations underscores the Western objective with regard to West Africa.
    • Arabica Robusta
       
      Frynas, citing Ahmad Khan, makes the same point in his work on instability and corporate exploitation in Nigeria.
Arabica Robusta

U.S. Supreme Court: Shell Nigeria gets a boost from Obama administration | Pipe(line)Dr... - 0 views

  • Shell had asked the U.S. Supreme Court to rule the company can’t be sued by Nigerians seeking damages for torture and murders committed by the national government in the early 1990s. With a U.S. government brief that supports Shell’s position, where does this leave Nigerians? The U.S. brief suggests that the Nigerians should seek redress in their own courts, as the human rights abuses occurred in Nigeria and not the U.S. This is a chilling message.
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    Earlier this year, the US government argued on the side of victims of human rights abuses at the US Supreme Court. In Kiobel v. Royal Dutch Petroleum (Shell), the government argued that corporations should not be exempt from responsibility for committing human rights abuses. But when the Supreme Court ordered a rehearing in the case, and asked whether human rights lawsuits could be brought when the abuses happened outside the US, we wondered whether the Obama administration would continue to side with the victims.
Arabica Robusta

The Chevron Pit: Chevron: The NSA of the Corporate World? - 0 views

  • Yesterday, a Magistrate Judge in San Francisco granted oil giant Chevron access to many years of private email account information from nearly 40 email accounts belonging to human rights and environmental activists, lawyers, and their allies.
  • U.S. Magistrate Judge Nathanael Cousins of the Northern District of California ordered Google and Yahoo! to turn over years of private email account information from dozens of other Yahoo! and Gmail accounts to Chevron.
  • Even if Chevron isn't sweeping up data randomly from millions of people like the NSA, it is indisputable that it is using its vast oil riches to spy on and demand email data from its critics. But if you support the communities in Ecuador who have fought for decades to hold Chevron accountable for its widespread environmental devastation and human rights abuses, you may find yourself on the wrong side of a subpoena.
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  • Donziger and the "named plaintiffs" in the litigation against Chevron have filed a petition with the Second Circuit Court of Appeals to have Judge Kaplan removed from the case for bias. In an extraordinary move, the appellate court has set oral argument on the issue for September 26th. If Kaplan gets tossed, Chevron’s strategy would suffer a devastating setback.
  • And the reality is that we don’t really know what Chevron is doing behind the scenes. Kroll has admitted compiling “20 to 30” reports on Donziger, who along with his family has been followed around Manhattan and put under surveillance by unknown plainclothes operatives.
Arabica Robusta

Pambazuka - Review of Duncan Clarke's Crude Continent: the Struggle for Africa's Oil Prize - 0 views

  • The thrust of Crude Continent is precisely (and often, not so precisely) this: oil, far from being a curse, could actually save Africa. It is oil that will modernise Africa and oil that will lead it out of what Clarke dubs – without ever defining – ‘African medievalism’. Clarke argues that those countries without oil are the ones that are truly cursed, for they will be left ‘largely backward’.
  • This intriguing notion is preached throughout Crude Continent, with Clarke seeking to expose as fools those who argue that Africa's oil-rich countries are being poisoned to the core by the so-called ‘resource curse’. Our candid author is particularly incensed by two experts' ‘scribblings on oil’, both released last year: Oil and Politics in the Gulf of Guinea by Ricardo Soares de Oliveira, an Oxford lecturer; and Poisoned Wells: The Dirty Politics of African Oil by Nicholas Shaxson, an associate fellow at Chatham House, London.
  • Clarke asks us to consider what he calls the long-term ‘multiplier effects’, the direct and indirect benefits of the oil and gas industry, including employment creation, foreign exchange inputs and capital inflow, technology transfers, fiscal funding and ‘indirect supply chain effects’. These are much more significant than the ‘palliative band-aid…of corporate social investment’ that Clarke clearly detests. He berates the fact that no one has ever ‘properly identified and measured’ the social and economic benefits of oil and gas projects in Africa.
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  • Regularly tumbling into appalling metaphor and analogy, Clarke nevertheless concludes: ‘North and south Sudan may be bound by the umbilical cords of a chequered politics and oil history, but as with Siamese twins these links can also be severed.’
  • Parts three and four provide the reader with 140 pages of comprehensive information on corporate oil operations in Africa and the global scramble for the big prize. Leaving aside his irritating penchant for metamorphosis – lions becoming countries, rhinos turning into multinationals – Clarke offers readers the chance to delve into his vast wealth of knowledge. Together with a comprehensive index, these two sections make it easy to find out which company is drilling what wells, where and with whom. Our expert guide also leads us around the world explaining how different nations are capturing Africa's oil and gas potential. All fascinating stuff.
  • The perpetuation of the petroleum age might make the current crop of oil executives and certain political leaders happy, but it is dangerously optimistic to suggest that the future well-being of African people depends primarily on drilling oil.
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    The thrust of Crude Continent is precisely (and often, not so precisely) this: oil, far from being a curse, could actually save Africa. It is oil that will modernise Africa and oil that will lead it out of what Clarke dubs - without ever defining - 'African medievalism'. Clarke argues that those countries without oil are the ones that are truly cursed, for they will be left 'largely backward'.
Arabica Robusta

Oil: Fueling Another Debt Crisis? - 0 views

  • it is clear that soaring oil prices are undermining the benefits of debt cancellation in some countries, especially poor oil-importing nations.
  • In Escaping the Resource Curse, Columbia University professors Macartan Humphreys, Jeffrey Sachs and Joseph Stiglitz identify a vast array of contributing causes to the resource curse. Corruption is among the most severe, they conclude. “The short run availability of large financial assets increases the opportunity for the theft of such assets by political leaders. Those who control these assets can use that wealth to maintain themselves in power, either through legal means (e.g., spending in political campaigns) or coercive ones (e.g., funding militias).” Local corruption, they note, is often aided and abetted by international companies. “International mining and oil companies that seek to maximize profits find that they can lower the costs of obtaining resources more easily by obtaining the resources at below market value — by bribing government officials — than by figuring out how to extract the resources more efficiently.”
    • Arabica Robusta
       
      Corporate and government underpinnings of "resource curse."
  • High oil prices have a clear economic effect. But for highly indebted, impoverished countries, climate change, fueled significantly by CO2 emissions from cars and other gas-guzzling vehicles in the North, will have serious ecological, social and economic impacts as well.
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  • Says Saul, “A key way to transition away from dependence on oil is through debt cancellation. Countries need fiscal space in order to invest in the post-fossil fuel economy — but the debt trap keeps countries from meeting a wide variety of social needs.”
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    it is clear that soaring oil prices are undermining the benefits of debt cancellation in some countries, especially poor oil-importing nations.
Arabica Robusta

Human Rights, Violence and the Oil Complex - 0 views

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    A particularly perceptive quote is below: "Oil has specific properties (it is a fluid, it tends to be moved in pipelines, it has a particular market structure, oil corporations have distinctive attributes and so on). But in this sort of analysis it is not clear what causal powers these material and other features of oil actually possess. Ross's analysis [of the "resource curse"] on its face might just as well hold for gold in South Africa. Furthermore if oil hinders democracy (as though copper might liberate parliamentary democracy?), one surely needs to appreciate the centralizing effect of oil and the state in relation to the oil-based nation-building enterprises that are unleashed in the context of a politics that pre-dates oil."
Arabica Robusta

A great day for oil! | Pipe(line)Dreams - 0 views

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    And for those of you wondering if Transocean or BP are involved in Ghana's oil industry, BP, along with China National Offshore Oil Corp. (CNOOC) and the Ghana National Petroleum Corporation, recently made a bid to buy Kosmos Energy's interest in the Jubilee Field operation. Kosmos rejected the bid. For the moment, then BP is not active in Ghana, but a subsidiary of Transocean, Challenger Minerals Inc., is part of an exploratory drilling operation in the country.
Arabica Robusta

West using terror to plunder oil resources of Nigeria | nsnbc - 0 views

  • With a population of 160 million, Nigeria is the known as the “giant of Africa”. In addition to crude oil, Nigeria has also the biggest reserves of natural gas among Sub-Saharan nations. Western energy companies are gearing up to tap this wealth even further in the coming years. Balkanising the country into North-South entities would undermine the central government in Abuja and bolster exploitation by these corporations.
  • However, some Nigerian analysts believe that the organization is being used by powerful external forces as a conduit for destabilizing Nigeria. Political analyst Olufemi Ijebuode says: “The upshot of this latest massacre is to destabilize the state of Nigeria by sowing sectarian divisions among the population. The killers may have been Boko Haram operatives, but Boko Haram is a proxy organization working on behalf of foreign powers.”
  • Campbell reiterated the significant observation: “The Mubi atrocity will feed a popular perception that the government can no longer ensure security in large parts of the country.”
Arabica Robusta

Attacks on the Press: Oil, Money, and the Press - Committee to Protect Journalists - 0 views

  • Whether all this oil will benefit the average citizen depends largely on whether extraction deals are handled in an open, transparent manner. A comparison between Brazil and Nigeria is instructive. The South American country provides monthly updates on oil production on a state website. Brazil became the seventh-largest economy in the world with the help of oil output, with 2011 per capita income of $12,594, according to World Bank statistics. In Nigeria, five decades of oil output have been mired in secrecy and conflict. Although the country's oil exports are comparable to those of Brazil, its per capita income is just $1,452.
  • While Uganda's 2005 Access to Information Act theoretically covers documents between the government and private companies, oil contracts typically have special provisions whereby both parties must consent before information is given to a third party, according to Gilbert Sendugwa, coordinator of the Africa Freedom of Information Centre in Uganda. The secrecy clauses prevent even parliament from getting key information, according to Dickens Kamugisha, chief executive of the Africa Institute for Energy Governance, a Kampala-based think tank that advocates for transparent energy policies.
  • Since few Ugandan authorities comply with requests under the access law, few journalists bother to use it. Sendugwa noted that all government ministers are required to report how they implement the information act. "We decided to test the law and sent an information request to parliament in November 2010 asking for the ministers' reports on their implementation of the Access to Information Act," he said. "To this date, none have complied."
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  • The anti-corruption research organization Global Witness also analyzed the bills and concluded that all three lack guarantees on contract and financial transparency.
  • Though the act offers broad assurances that oil information is public, a provision allows the ministry to determine whether or not a particular oil contract is published, said Dana Wilkins, a campaigner for Global Witness. No contract had been made public as of late 2012.
  • Officials and oil companies in Uganda try to control the message by providing organized tours of oil drilling facilities. The Ministry of Energy and Mineral Development's 2011 communication strategy paper recommends two media tours of the Albertine Graben oil-drilling area each year. "Sure, it's easy to go to oil areas for oil company-organized events," Ssekika said. "You can talk to district officials, etc. But when you go alone with your own view, that's a different story."
  • "When China National Offshore Oil Corporation [CNOOC] struck a deal with Tullow Oil to develop Uganda's fields, it warned [President Yoweri] Museveni that there wasn't time to wait for parliamentary debates over the issue--pausing now could mean Uganda losing its winning lottery ticket to Kenya," Lay wrote on the African Arguments news website. Tullow's communications manager in Kampala, Cathy Adengo, disputed that depiction. "Tullow did not push the Ugandan authorities into doing anything, considering we had a two-year wait to ratify the deal with CNOOC," Adengo said.
  • The company has faced further lawsuits over pollution in the Delta and alleged ties to the Nigerian military, according to Reuters. "Imagine, it took a court case launched in America before activities of oil companies were discovered," said Omoyele Sowore, publisher of the anti-corruption website Sahara Reporters and a former Niger Delta resident. The legal disputes resulted in an estimated loss of one million barrels of oil a day for the Nigerian government and private companies, according to Nigerian writer Orikinla Osinachi.
  • Oil revenues count for 80 percent of the national budget, yet the government is unable to determine the amount of oil extracted from its territory, according to Alex Awiti, an ecologist at Aga Khan University in Nairobi.
  • Nigeria's situation is not unique. Although Angola is the second-largest oil producer in Africa with an annual GDP of $101 billion and per capita income of nearly $9,000, more than two-thirds of its 8 million people live under the $2-a-day poverty line, according to the World Bank and news reports. These statistics, said Awiti, are rooted in the lack of transparency in Angola's oil production--leading to corruption, millions of dollars being stashed abroad, and revenue sequestered in a secret "parallel budget." In 2012, the International Monetary Fund attributed a $32 billion gap in Angola's state funds from 2007 to 2010 to "quasi-fiscal operations by the state-owned oil company."
  • With oil output still in early stages in East Africa, the region has time to learn from other oil-producing countries. Chad has drilled oil since 2003, with the contracts kept secret. "The fact is Chadians do not know how many barrels are actually produced and where the money goes," said former N'Djaména Hebdo journalist Augustin Zusanne, who now works for the United Nations. Without such information, residents can hardly press for more development. "Even the oil-producing region, Doba, does not benefit from oil revenues. The population of this area lives in poverty," said Eric Topona, a journalist with the state broadcaster. However, things might improve, as Chad is now a candidate for membership in the Extractive Industries Transparency Initiative (EITI), an international forum that seeks openness by ensuring that oil payments are published annually. Government officials, oil companies, and civil society organizations oversee the process.
    • Arabica Robusta
       
      Does the EITI truly help encourage countries to be transparent?
  • In its 2008 Oil and Gas Policy, Uganda said it would apply for membership in the EITI, but it did not say when and nothing has been implemented, according to news reports. "The way the EITI section is drafted clearly shows a government that is not sincere or ready to implement--it's so vague," Kamugisha of the Africa Institute for Energy Governance said in describing the Ugandan policy. Kenya has made no commitment to join the Initiative. Eddie Rich, deputy head of the EITI secretariat, confirmed that South Sudan and Uganda have made public commitments to implement the initiative and said "international partners are working with those governments to progress toward official applications." None of the African countries working with EITI are disclosing information on compensation to local people affected by oil production, Rich said.
  • But East Africa does not have to look overseas for mentors: Ghana, Liberia, and even the Democratic Republic of Congo publish oil contracts. "It took years, but contracts are now in the public domain," said Ghanaian development economist Charles Abugre, who vigorously campaigned for publication.
Arabica Robusta

Nigeria Bans Occupy Video About Its Oil Curse, Video Obviously Goes Viral | Motherboard - 0 views

  • But instead of protesting financial institutions that had left the economy in ruins, Nigerians turned out in droves to protest the removal of a fuel subsidy that kept gasoline affordable for the public—and also threatened to destroy Nigeria's economic stability
  • Replete with commentary from a Nobel laureate, it offers a pretty even-handed look at the economics of the subsidy, the protests, and the political situation in Nigeria. But when it was submitted to Nigeria's National Film and Video Censors Board for approval it was promptly banned. The film was obviously nixed because it casts the government in a critical light; but, of course, banning a controversial film without blocking it online is a surefire way to make it go viral.
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