Skip to main content

Home/ Can Petroleum Aid development?/ Group items tagged international

Rss Feed Group items tagged

Arabica Robusta

US government sides with Shell over victims of crimes against humanity | EarthRights In... - 0 views

  • Additionally, I'm confused about why you would criticize the Solicitor General for "tak[ing[ a 19th-Century view of international law" when that is a temporally closer (and thus, presumably more accurate) view of a law enacted in the eighteenth century.  I agree with you that this "completely ignores the entire post-World-War-II body of international human rights law," but it is rather obvious that the First Congress could not have intended to address that legal development because those events would not occur for another 150 years! 
  • oday, the government submitted its brief (below) - and it's on the wrong side. I have rarely been so disappointed in my government.
  • The government's position takes a 19th-Century view of international law, basically arguing that governments don't have any business meddling in what other nations do to their own citizens. That's ridiculous, and it completely ignores the entire post-World-War-II body of international human rights law. It's also at odds with US foreign policy, which frequently criticizes other nations - and even authorizes hostile action - based on their treatment of their own citizens.
  • ...1 more annotation...
  • Essentially, Obama is saying that if a foreign government abuses human rights, we can bomb them, like we did with Libya. But we can't hold anyone accountable in court, because that would threaten international relations.
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.
  • ...3 more annotations...
  • 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

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."
  • ...10 more annotations...
  • 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

Oil companies in emerging markets: Safe sex in Nigeria | The Economist - 0 views

  • Malabu then sued the government. After much legal wrangling, they reached a deal in 2006 that reinstated the firm as the block’s owner. This caught Shell unawares, even though it had conducted extensive due diligence and had a keen understanding of the Nigerian operating climate thanks to its long and often bumpy history in the country. It responded by launching various legal actions, including taking the government to the World Bank’s International Centre for the Settlement of Investment Disputes.
  • Tom Mayne of Global Witness, an NGO, has followed the case closely; he believes things were structured this way so that Shell and ENI could obscure their deal with Malabu by inserting a layer between them. Mr Agaev, Malabu’s former fixer, lends weight to this interpretation. It was, he says, structured to be a “safe-sex transaction”, with the government acting as a “condom” between the buyers and seller.
  • Shell and ENI reject the suggestion that their joint purchase was a thinly disguised transaction with a dodgy brass-plate company. Shell says it made payments to the Nigerian government only and that it has acted at all times in accordance with Nigerian law. It previously said it had “not acted in any way that is outside normal global industry practice”. ENI says its payments to the government “were made in a transparent manner through an escrow arrangement with a major international bank”. That bank was JPMorgan Chase. A Lebanese bank had earlier declined to handle the payments, it emerged in court.
  • ...5 more annotations...
  • The companies’ claim that they bought the block from the state, not Malabu, is disingenuous, says Mr Mayne of Global Witness. It is also contradicted by Nigeria’s attorney-general, Mohammed Bello Adoke, who told a parliamentary committee last July that the companies “agreed to pay Malabu”, with the government acting as an “obligor” and “facilitator.”
  • The EFCC’s report states: “Investigations conducted so far reveal a cloudy scene associated with fraudulent dealings. A prima facie case of conspiracy, breach of trust, theft anmd [sic] money laundering can be established against some real and artificial persons.” Officially, the EFCC’s investigation is still open, but a source familiar with it says that its sleuths have been discouraged by higher-ups from moving forward. However, other countries’ fraudbusters have taken an interest. At least one of the parties involved in the oil-block sale has been contacted by America’s Department of Justice.
  • The saga is a striking example of an ethical dilemma that is growing more acute for international oil companies. They are desperate to replace their shrinking reserves with new finds, but many of the most attractive fields are in unstable or poorly governed places.
  • Mr Hughes argues that when foreign companies turn a blind eye to questionable aspects of a deal, it can sometimes benefit developing countries with natural resources. The publicly traded oil majors are, on balance, a force for good, raising overall standards of behaviour by trying to operate as cleanly as possible in most circumstances, he says; better that than leaving the field to less scrupulous operators.
  • Global Witness prefers to see the OPL245 affair as “a lesson in corruption” that demonstrates how important it is for rich-world governments to press on with transparency initiatives
Arabica Robusta

NGOs and BBC targeted by Shell PR machine in wake of Saro-Wiwa death | Business | The G... - 0 views

  • The company's "crisis plan" focused on what the documents refer to as "the message" and getting the "style, tone, content and timing right, reflecting greater humanity". Philip Watts, who would later become Shell chairman, emphasised that everyone must "sing to the same 'hymn sheet'."
  • Dividing NGOs into friends and foes, Shell emphasised the need to "work with [and] sway 'middle of the road' activists". The Body Shop, Greenpeace and Friends of the Earth were seen as unlikely to change their position. One suggested tactic to counter these organisations was to "challenge [the] basis on which they continue their campaign against Shell in order to make it more difficult for them to sustain it". Human rights organisations such as Amnesty International and Human Rights Watch were seen as more easily persuaded. The document suggests building relationships with the organisations and encouraging "buy-in to the complexity of the issue".
  • In particular they wanted to "build a relationship" with journalist Hilary Andersson, who had recently become the BBC's Lagos correspondent, as well as "any of her known contacts in the divisions".
  • ...1 more annotation...
  • But Nnimmo Bassey, Executive Director of Environmental Rights Action and chair of Friends of the Earth International said the company had not changed and were still not doing enough to help local people in the Niger Delta. "Internationally they polish their image. The claims they make in the international areas, do not stand scrutiny on the ground."
Arabica Robusta

Oil theft feeds underground industry | eNCA - 0 views

  • The illegal refineries are only one part of the illicit industry in Africa's biggest oil producer, and concerns have grown over its alleged international dimension. Authorities, oil firms and industry analysts say the chain of culprits and the stolen crude itself can sometimes reach far beyond Nigerian shores. "I've always said in my speeches that I believe that there are a lot of international syndicates involved," Mutiu Sunmonu, managing director of Shell's Nigerian division SPDC, told reporters recently.
  • Decades of oil pollution have at the same time poisoned creeks in a region where fishing had been a major source of livelihood, often with few repercussions for those at fault. Shell, Nigeria's biggest oil producer, says most spills happen due to sabotage, but activists accuse the company of not doing enough to prevent and clean them.
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”.
  • ...4 more annotations...
  • 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

Oil Geopolitics in the Horn of Africa: Somaliland DNO Oil Deal Adds Fuel to the Conflic... - 0 views

  • The secessionist state of Somaliland has signed a production sharing agreement with DNO, a Norwegian oil and gas company.
Arabica Robusta

Angola: The Bloody 'Democracy' Of An Oil Republic - International Business Times - 0 views

  • The Angolan government, led by reformed socialist strongman President Jose Eduardo dos Santos since 1979, has recently touted its oil wealth, economic growth and social stability to attract foreign investment, but avoids the topic of political repression and glaring economic disparities. Rights organizations like Amnesty International and Human Rights Watch have criticized the government's use of violence to silence critics, exemplified by the recent attack on the 10 activists in Luanda. "This brutal beating highlights the ongoing threat of violence that anyone speaking up for free speech in Angola faces," Muluka-Anne Miti, Amnesty International's Angola researcher, said in a statement.
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.
  •  
    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 - Oil-dependency and food: Livelihoods at risk - 0 views

  • Without diminishing the severity of the Gulf spill, several observers have pointed out the asymmetrical political reactions to oil disasters in the US and in other parts of the world.[6] Nnimo Bassey, Nigerian head of Friends of the Earth International, explains the sense of frustration: ‘We see frantic efforts being made to stop the spill in the US, but in Nigeria, oil companies largely ignore their spills, cover them up and destroy people's livelihood and environments…This has gone on for 50 years in Nigeria. People depend completely on the environment for their drinking water and farming and fishing. They are amazed that the president of the US can be making speeches daily, because in Nigeria people there would not hear a whimper.’[7]
  • Presumably, companies are not only put off by the prospect of increased red tape in the US, but also attracted – as they have been for decades – by the limited capacity of African States to regulate extractive activities. To attract foreign investment, most countries in sub-Saharan Africa also enter into generous production-sharing agreements that allow foreign oil companies to turn a relatively small upfront investment in exploration into billions in downstream profits.[11]
  • Even after the Deepwater Horizon explosion, the company has moved full-steam ahead with plans to sell off US$30 billion in onshore and shallow-water production assets in order to aggressively pursue deepwater drilling in West Africa, Angola, Egypt and, yes, Louisiana.[17]
  • ...7 more annotations...
  • Critics also point to Ghana’s long history of extractive activities and primary commodity exports: Ghana produces gold, bauxite, manganese, diamonds, timber and cocoa, none of which have generated appreciable benefits for the majority of Ghanaians.
  • Ghana has chosen to accept so-called ‘stabilisation clauses’ in its contracts with companies that lock in current laws and regulations. If the country should decide to strengthen its regulatory framework, companies with existing contracts could claim that the new laws do not apply to them, or require the government to provide financial compensation for the cost of compliance.[13] As foreign companies reap handsome rewards, and Ghana gains uncertain benefits (much of the content of these contracts remains secret), coastal communities are sure to pay the highest cost. At a recent Extractive Industries Transparency Initiative (EITI) workshop held in the coastal town of Takoradi, representatives of six districts located closest to the oil find responded angrily to refusals to commit part of the petroleum royalties to an environmental mitigation or compensation fund, as is legally required in the mining sector.[24] No such provision has thus far been established for the oil and gas industry.
  • corporate interests are often recast as national security concerns. It was President Jimmy Carter who cemented the connection in his 1980 State of the Union address by stating that any foreign attempt to gain control of Middle Eastern oil would be regarded as ‘an assault on the vital interests of the United States of America.’ The policy, now known as the Carter Doctrine, set a dangerous precedent of using military might to secure ‘strategically important’ resources throughout the world.
  • In another case, the European Commission on Oil in Sudan (ECOS) has accused oil companies of complicity in crimes against humanity in a Southern oil field known as Block 5A. ECOS charges companies with pressuring armed groups to ‘clear the ground’, leading to a wave of repression in which 12,000 people were killed and another 20,000 displaced.
  • Farming accounts for as much as 32 per cent of total emissions, a significant portion of which are created by industrial agriculture through the use of petroleum-based fertilisers, pesticides and forest clearing.[38] The issue of ‘food miles’ – the distance our food travels from farm to table[39] – has been well documented, while new data shows that the production phase accounts for as much as 83 per cent of the average US household’s carbon footprint for food.[40] Changing the way we produce food, therefore, constitutes a necessary step towards reducing oil dependence, its enormous carbon footprint and its human toll.
  • Food sovereignty, the political project put forward by the international peasant movement Via Campesina, offers a promising road map.
  • Industrial agriculture may be more ‘efficient’ in terms of labour (output per worker), but its productivity is achieved through massive applications of fossil fuel-based inputs such as tractor fuel and agrochemicals. Small organic farms, however, are generally more efficient in terms of land (output per acre), since they grow a variety of plants and animals, taking full advantage of each ecological niche.
Arabica Robusta

Harvard Political Review - Oil and Development in Africa - 0 views

  •  
    The Chad-Cameroon pipeline, a World Bank-sponsored project aimed at bringing Chadian oil to Cameroon 's Atlantic ports, represents successful cooperation between governments, oil companies, NGOs, and international monetary bodies. If oil-rich African states continue to forge such partnerships, the chances of cashing in on the development potential of mineral wealth will be greatly increased.
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.
  • ...1 more annotation...
  • 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.”
  •  
    it is clear that soaring oil prices are undermining the benefits of debt cancellation in some countries, especially poor oil-importing nations.
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.
  • ...14 more annotations...
  • 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.
  •  
    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 And The Road To Nigeria By Pius Adesanmi | Sahara Reporters - 0 views

  • welcome to the world of Nigeria, Angola, and Gabon. Now that you are no longer just a backyard producer of cocoa and gold, you will begin to notice significant shifts in how you are treated by the international community - defined as the countries of Western Europe and America. You see, in international relations, all men were not created equal. The rule here is Orwellian: the owner of black gold is infinitely more equal than the owner of gold and cocoa. Don’t even mention groundnut sellers like Senegal. They are not on the radar and will not be until the Americans discover in the future that groundnut contains ingredients that could cure obesity. That’s the way it is. That’s just the way it is.
  • Here are the early indications of your new status that you must watch out for: you will be promoted from occasional spectator status to enhanced spectator status during G8 and G20 summits; President Atta Mills will be invited to Washington in the first quarter of 2011 on a grand state visit and White House chefs will be taught to prepare gourmet kenkey; your Ambassador in Washington will suddenly become a very important man and will begin to receive lots of invitations to White House diners much to the displeasure of Nigeria and South Africa; your Ambassador will soon become the Dean of the African diplomatic corps in Washington. That’s the way it is. That’s just the way it is.
  • Hillary Clinton will now regularly mention a special relationship that has always existed between Ghana and the USA in her speeches
  • ...4 more annotations...
  • There is more: before the middle of 2011, the State Department will suddenly discover an old memo recommending the construction of a bigger and more functional American embassy in Accra that will rival the embassies in Baghdad and Kabul in size; before the end of 2011, AFRICOM commanders will recommend the establishment of a major Accra substation and Green Zone to pre-emptorily break the linkages between Ghanaian terrorists and their newly-discovered Ashanti relatives in the rugged regions of Yemen, Pakistan, and Afghanistan; China, as usual, will do her job more quietly and effectively than the noisy Americans to make sure that your black gold comes under the red flag and not the star-spangled banner.
  • In other words, you own that oil the way a child in Africa is said to own a goat that he feeds and cares for only to discover the true owner of the goat the day it is slaughtered and he gets the entrails while the elders in the compound feast on the real meat.
  • The fumes of oil are worse than the fumes of alcohol. Oil inebriates in a far more lethal fashion. Your citizens may start using words, phrases, and sentences hitherto unknown in Ghanaian English. Monitor and police them closely. When regular Joes, sorry, regular Mensahs, suddenly begin to gather in Kwame Nkrumah Circle or Labadi beach in Accra to talk about “resource control”, that is bad news.
  • Now that there is oil, parliamentary discourse in Accra may suddenly be exclusively reduced to the following keywords: estacode, upward budget review, upward contract review, supplementary appropriation, constituency projects, hardship allowances, newspaper allowances, furniture allowances, recharge card allowances, convoy allowances, renovation allowances, anticipatory approvals.
Arabica Robusta

Courthouse News Service - 0 views

  • In the latter arbitration, Chevron claims that Ecuador had violated the Bilateral Investment Treaty (BIT) by letting the case advance.     Since that time, the BIT claimed jurisdiction over the case, and both parties are currently gathering evidence for proceedings on whether Chevron received a fair shake in Ecuador.
  • Under U.S. law, federal courts can issue discovery orders forcing parties involved in "foreign or international tribunals" to turn over information that would be useful in those proceedings.     The 5th Circuit, a New Orleans-based federal appeals court, found that Chevron cagily straddled this language to get Ecuador to cough up documents while protecting its own.
  • A federal judge quashed the subpoenas, deferring to Chevron's arguments that the BIT did not qualify as a "tribunal" - when Ecuador wanted evidence for it.
  • ...2 more annotations...
  • Meanwhile, another litigant has declared a pox on both houses.     A group of Ecuadoreans known as the Huaorani had moved to intervene in Chevron's extortion suit late last year, but U.S. District Judge Lewis Kaplan found that such intervention "would delay and complicate the resolution of an already complicated case."
  •  Kimerling, a City University of New York professor and respected human rights advocate, is the author of "Amazon Crude," which The New York Times described as the "Silent Spring of Ecuador."
Arabica Robusta

Kenya, Oil and Populism: Learning from Germany | Global Policy Journal - Practitioner, ... - 0 views

  • Unlikely as it may seem, Africa can learn from Germany: Germany is the best managed economy in Europe. Of course, it does not have natural resources, and so its economic management addresses entirely different issues. However, the political foundations for Germany’s success can be generalized beyond the particularities of economic policies. Germany is today the best-run economy in Europe because it used to be the worst. Three generations ago, Germany collapsed into hyperinflation. From that searing experience Germans too emerged with that inchoate sense of ‘never again’. The German genius was to harness those sentiments into practical measures.
  • The most important and remarkable step taken by Germany was the third. The sentiment of ‘never again’ was turned into a critical mass of ordinary citizens who understood the economic issues underlying hyperinflation sufficiently to support the new rules and institutions. Collectively, these citizens provided the political defences that made the rules and institutions robust to the pressures for dysfunctional policy choices: this has persisted for three generations.
  • Political leaders self-flatteringly see their role as that of taking decisions. In fact, in large part they should leave decisions to their technocrats who are better informed. But only leaders, not their technocrats, can communicate with citizens, presenting a narrative of responsibility towards the next generation in managing good fortune.
Arabica Robusta

Can indigenous operators cope after foreigners' exit? - The Nation - 1 views

  • Akabogu added: “Local content in the oil industry is supposed to be a long term thing; it is supposed to be implemented in a gradual manner because the enabling environment is not there. The ideal thing would have been to retain the IOCs by addressing the issues that necessitated their divestment.” He said the IOCs were merely shifting their risks to the local operators who would now deal with issues of oil bunkering and theft.
  • To renowned environmental expert and coordinator of Oil Watch International, Mr. Nnimmo Bassey, the development is hardly surprising. According to him, divestment is a business strategy by the IOCs to cut losses and maximize profits. “You will notice that they are divesting mostly from onshore and swamp fields that intersect with communities that they have massively polluted and abused. Their aged facilities in those locations will certainly bring on more resource ownership and social conflicts. So, if local companies are happy to step in and take the flak that means ‘good’ business for the IOCs,” he observed
  • Bassey also said that on the other hand, the IOCs mostly divested to the extent of their equity holdings in such fields and production also activities. “They still own the pipelines and related facilities. What that means is that they are renovating their image, collecting rents from their facilities and generally smiling to the bank while the local companies will eventually take the beating for the pollutions, conflicts and other social disruptions. We see the divestment as a business strategy that benefits the IOCs and leaves the oil field communities and the environment at risk,” he told The Nation.
  • ...4 more annotations...
  • Bassey noted, for instance, that although the PIB is a good first step, the document as packaged, is not as strong as it ought to be. According to him, the PIB does not have stringent pro-people and pro-environment provisions, as the country, despite the PIB, will still be having illegal routine gas flaring. He blamed the delay in passing the bill on what he described as ‘toxic politics’ and pressure from the IOCs who have openly said they would not accept laws that curb their excessive profits as well as wrong perception by some legislators that provision of funds for communities mean more money to the oil-bearing states.
  • Nnimmo argued that although, the PIB makes the offer of money to oil-bearing communities on one hand, it takes it away on the other. “The PIB criminalises communities when it says that if oil facilities are tampered with then the communities, local government areas, and states would pay. Communities are not the policemen of oil facilities. The PIB speaks the old language of subsisting laws that free IOCs of responsibility where facilities are interfered with by third parties. That has made the claim of sabotage the favourite refrain of the oil companies even before incidents are investigated. The PIB fell into the same anti-people trap,” he explained.
  • Bassey insisted that what Nigeria needs to do right now is to “massively increase oil revenues by halting oil theft. We are not talking about poor villagers scooping crude oil in buckets and jerry cans. Those also need to be stopped. We are talking about the industrial-scale oil theft going on in the oil sector. The official figure bandied by the Ministry of Finance as well as the National Assembly is that 400,000 barrels of crude oil are stolen everyday,” he said As for local operators, Bassey and other experts and stakeholders said the ability of local operators to hold their own would depend, to a very large extent, on better collaboration, better host community management, proper valuation and raising smart financing. They also require huge investment in knowledge, research and development (R&D).
  • Mutiu Sunmonu, Managing Director of SPDC, said the divestment of his company’s assets was a deliberate measure to encourage indigenous participation in the upstream oil and gas industry. His words: “We want to create a new set of indigenous players in Nigeria’s oil and gas industry within the next 10 to 20 years from now, while the IOCs concentrate on more difficult issues and also allow us focus on material oil and gas fields.” The divestments are seen by some industry watchers as representing the single largest opportunity for Nigerian operators with the requisite expertise and capital to emerge as major upstream players.
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."
  • ...3 more annotations...
  • 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.
1 - 20 of 194 Next › Last »
Showing 20 items per page