The Nation - Bakassi: NBA asks FG to appeal ICJ verdict
STILL ON BAKASSI
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Friday, August 31, 2012
allAfrica.com: Nigeria: Bakassi - Nigeria Should Review Its Submission to ICJ- Don
allAfrica.com: Nigeria: Bakassi - Nigeria Should Review Its Submission to ICJ- Don
BAKASSI IN OTHER PLACES
I do not know how you could move
a group of people who were once farmers from their land to a new settlement,
without making provision for them to continue their age old profession, which
is farming. This is the same problem all over the World where people have been
relocated away from their God-given land to a newer settlement, while the
original land is appropriated for developmental use. The Bakassi situation is
unique, because the relocation was not as a result of infrastructural or
developmental use or connected with exploration of mineral resources. They were
simply evacuated from their homes for Cameroonian to assume occupation or
ownership of the territory pursuant to ICJ ruling and capitulation by President
Obasanjo's administration.
Not long ago, at a Sustainable
Development Class, I asked a visiting or guest lecturer who supervised the
relocation of an entire community to a brand new village in order to provide
space for a mining operation, whether in addition to the new bank account and
new houses given to the new settlers, he also provide additional land for them
in the new settlement for farming and goat rearing, given that their occupation
in their former settlement was husbandry. He paused, and walked towards my
desk, stared at me for a moment and said (actually, I caught him off guard,
because I asked the question in between sentence when it was not yet time for
Q&A), “if I have to do it again, that would be the first thing I would do.”
And he was gracious enough to add that they did not make provision for the villagers to continue their original occupation in the new settlement, and that "it is the same problem all over the
World where people have been relocated from their original settlement to a
newer settlement in order to create space for irrigation use or mining
operation.”
He was right. And I appreciate
his sincerity. The affected village in question is in Sub-Sahara Africa. For
me, and especially as a black student, watching the documentary was a sorry
sight. Within two years of their relocation, they depleted their bank accounts,
and then misery and deprivation set in and pervade the landscape, without end
in sight. They were helpless. Every home is a consumer and buyer of produce,
but there was no harvest, because there was no land to farm and no ground to till.
That is the sort of deprivation
that the people of Bakassi who were evacuated from their God-given land for an
unknown terrain where no one knows their names and where no government
authority and agency remember their occupation are experiencing presently. No
amount of compensation can remedy that deprivation. If you don't know their
yesterday and their history, you cannot plan for their today and tomorrow -
reality is the reference point for policy enunciation. Only the Bakassi people can feel the pain.
Finally, as a Nigerian and as a
professional with special interest in sustainable development of human and
natural resources, especially of people and communities
proximate to mining and oil and gas operations, I will not give up on the
Bakassi travesty, until there is justice and equitable resolution of this
forced resettlement.
Thursday, August 30, 2012
The Nation - Police launch 40 vans for highway security
The Nation - Police launch 40 vans for highway security
DEVINE WISDOM REVISITED: WE ASKED FOR HIGHWAY PATROL
The Nigerian Police Force (NPF) - an excerpt.
On the other hand, with the evolution of true federalism (semi-autonomy for the federating states), State Police would be a welcome development. In that case, Mobile Police (the new SWAT TEAM) and Highway Patrol (Federal Trouper) should remain under the exclusive control of the Federal Government. I repeat, Highway Patrol should be re-introduced and merged with Federal Road Safety Commission to be known as Federal Trouper to manage Federal Institutions, Foreign offices and Institutions, and Federal Highways, while Mobile Police should be transformed into a SWAT TEAM for rapid response assignment nation-wide. But the regular Police should be under the control and command of State Government.
June, 2012
See my response to an article on the issue published by Punch Newspaper: http://www.punchng.com/politics/state-police-to-be-or-not-to-be/
DEVINE WISDOM REVISITED: WE ASKED FOR HIGHWAY PATROL
When the Nigeria Governor's Forum (NGF) approved of State Police, we at Hamiltonatlarge were the first to kick against the idea (see an excerpt and the link to the story below). The following day, a representative of the influential Northern Elders, also kicked against it, using our language or the same language that we used in our disapproval. Few days later, the Northern Governors - who of course were part of the NGF that took the decision - surprisingly came out and argued against introduction of State Police. Then, another group, made up of former Inspector General of Police (IGPs), also argued against the introduction in a strongly worded language. And finally, the Council of State joined forces and rejected the idea for good. That was how the call for, or the introduction of State Police met its demise.
We did more. We asked for the reintroduction of Highway Patrol and revitalization of the Mobile Police Unit as a SWAT TEAM.
We did more. We asked for the reintroduction of Highway Patrol and revitalization of the Mobile Police Unit as a SWAT TEAM.
Today, we are glad to read in more than four Nigerian Newspapers the launching of Highway Patrol Unit (equipped with light armor vehicles) by the Inspector General of Police yesterday. We are ecstatic and we are delighted. In the word of President Obama, “never under estimate the power of your advice”, even when you think no one is listening all reading your work. That’s all we have to say for now. The best is yet to come.
Please find the link: "Divine Wisdom: Changing the World in Six Months."
The Nigerian Police Force (NPF) - an excerpt.
Granted that the Armed Forces of the Federal Republic of Nigeria will remain under the control of the Federal Government, we want to warn the leadership and every Nigerian that the prevailing call for State Police is a call for disaster and dictatorship of the State Governors. To ensure security and neutrality in the deployment of Police, NPF should remain under the exclusive control of the Federal Government. We should revert to the three units as they were in the past - regular Police, Highway Patrol, and Mobile Police. This time, we recommend that (1) Mobile Police or “Mopo” should be transformed to the standard of a SWAT TEAM as it is in advanced countries. (2) The Highway Patrol should be merged with Federal Road Safety Corp and the new unit should be called Federal Trouper. The unit should be in charge of security and traffic control on Federal Roads, Government Institutions, NGOs, and Foreign Organizations and Embassies. And (3) the regular Police should remain the only uniform wearing security agency on our streets and public places. Every other uniform wearing security apparatus on our streets and public places should be merged with the regular Police Force, especially those that were established in the last fifteen years.
On the other hand, with the evolution of true federalism (semi-autonomy for the federating states), State Police would be a welcome development. In that case, Mobile Police (the new SWAT TEAM) and Highway Patrol (Federal Trouper) should remain under the exclusive control of the Federal Government. I repeat, Highway Patrol should be re-introduced and merged with Federal Road Safety Commission to be known as Federal Trouper to manage Federal Institutions, Foreign offices and Institutions, and Federal Highways, while Mobile Police should be transformed into a SWAT TEAM for rapid response assignment nation-wide. But the regular Police should be under the control and command of State Government.
June, 2012
See my response to an article on the issue published by Punch Newspaper: http://www.punchng.com/politics/state-police-to-be-or-not-to-be/
Wednesday, August 29, 2012
Haunted By His Past, Okupe May Hire Keyamo To Defend Him | Sahara Reporters
Haunted By His Past, Okupe May Hire Keyamo To Defend Him | Sahara Reporters
Okupe, Keyamo, and the President
Okupe, Keyamo, and the President
Hiring Dr. Okupe to do the type
of job he was originally retained to do was a huge strategic mistake on the
part of President Jonathan. Of what use having an "attack dog" with a
tainted legacy to do public briefing on behalf of a Presidency with bruised and
battered image? To be effective, he must be able to attack and persuade at the
same time. That is the test. It's about credibility - an image making crusade.
As things stand today, the President needs a credible fellow who commands
unadulterated respect and admiration from the general public. Truth is, since
his arrival at Aso Rock about a month ago, Dr. Okupe has become the news - the
main issue - bedeviled with series of uncomplimentary disclosures regarding
execution or non-execution of contract running into Millions of Dollars with
some government officials in two states. That is not what the President is
looking for in a spokesman.
Few months ago, after considering
the helplessness of the Presidency in light of the overwhelming criticisms and
media onslaught, we recommend on this blog that President Jonathan should have
a President Shehu Shagari's Chuba Okadigbo and Uba Ahmed to be able to tell his
own side of the story. It's sad to say here that this guy is none of the two
men who served President Shehu Shagari with fervent diligence. Indeed, he is a first-class partisan hulk, but he is not Mr. Karl Rove - President Bush's political gladiator. It is not enough to have an "attack dog" when reasonable people are not persuaded by your argument on any issue - it is completely farcical.
I am not passing judgment on Dr.
Okupe’s credibility or guilt; however, given the precarious situation that the
President seems to be in with the news media presently - and as it has always
been - I think it is time the President or the President's Office call on Dr.
Okupe to step aside. Now, he is more of a pain - a complete liability and
embarrassment to the President - than of a solace to that office as naturally
and professionally expected. It is quite obvious that the President doesn't
know the "who is who" or the "heavy hitters" of the
Nigerian Journalism. Be that as it may, his Media Adviser should be savvy
enough to know what to look for in a candidate that would best represent the
interest of the President in the capacity of a spokesperson. Right now the
reverse is the case.
In all modesty, I would rather
the President go for veterans in the field of journalism to represent him and
his office before the Nigerian people.
The like of Chief Duro Onabule, Sonala Olumhense (in your dream), Dare
Babarinsa, Odia Ofeimun, Dele Omotunde, Mohammed Haruna, or Godwin Sogolo,
instead of fishing for celebrated political operatives with tainted past. The
President needs credible voices to bring nobility and create acceptance around
Aso Rock in the face of heightened tension between it and the public over
petroleum subsidy scam and other issues.
At this juncture, I would like to
add that my country still upholds and cherishes that age old legal maxim: the
accused is considered innocent until proven guilty. I worked with Mr. Festus
Keyamo (closely for few weeks) as students in company of another guy when we
were in 400L in preparation for the Justice Taslim Elias Cup Competition
organized for students taking International Law and Diplomacy; I must admit, he
is more intelligent and smarter than the World has seen of him. He does not
take competition lightly, especially when he is working with friends and
colleagues he believes complement his intellectual prowess, and at the same
time, appreciate his brilliance. At this moment, I do not know what to make of
this purported representation of Dr. Okupe; nevertheless, it is my hope that it
ends well for both parties.
There is no denying the fact that
Dr. Okupe is an intensely brilliant man, a consummate political operative who
brings a lot of gravitas to the game.
However, in every respect, he is a distraction of monumental proportion
to that office he is presently occupying. He is not serving the President any
good as one would reasonably expect of a diligent fiduciary. And it will not
get better anytime soon.
This piece is not about the guilt
or innocence of Dr. Okupe. That he is competent or good at his job is outside
the scope of this piece. What is at stake is his credibility - the ability to
impress the independents and non-PDP followers with his message, and convert
them to President Jonathan's sympathizers. That is the test. I do not see those
on the fence embracing Dr. Okupe and his message anytime soon.
Right now, the baggage is too
contaminated for comfort or for public use. And I pray that Dr. Okupe will have
the courage to do the right thing - take the initiative and resign voluntarily.
The President deserves better. If he is truly a decent man as Dr. Abati wants
us to believe, then the President should as well go for decent men or women to
represent his views before the Nigerian people.
Tuesday, August 28, 2012
NNPC Disowns MoU on $4bn Refinery Deal, Articles | THISDAY LIVE
NNPC Disowns MoU on $4bn Refinery Deal, Articles | THISDAY LIVE
How could that have happened? A
Minister of trade signed such a Mega-Million-Dollar refinery deal, yet the
country national oil company is not in the picture! Something isn’t right with
this story. Could it be the Minister did not consider the entity sufficiently
qualified or no longer trust-worthy to enjoy a presence in the transaction?
Time will tell.
allAfrica.com: Nigeria: Onshore/Offshore Dichotomy and North's Dance of Shame
allAfrica.com: Nigeria: Onshore/Offshore Dichotomy and North's Dance of Shame
SAVING THE NIGER DELTA AND RESOURCE CONTROL: NEW INSIGHT INTO THE ONSHORE/OFFSHORE IMPASSE
SAVING THE NIGER DELTA AND RESOURCE CONTROL: NEW INSIGHT INTO THE ONSHORE/OFFSHORE IMPASSE
In addition to what the author has written, I would like to ask these Governors and their Education Commissioners to give an account of their budgetary allocation for Education and related sectors over the years. The escalating religious intolerance in the north is attributable, principally, to the un-education of the greater majority of our children in the greater northern region. The un-education is compounded by the willful act and the unwillingness of the religious leaders and scholars to integrate religious teaching with economics and social emancipation. What Dr. Babangida Aliyu and his colleagues seem to have forgotten is the large scale ecological disaster that pervades the landscape in and around the Niger Delta. About 99% of our Millionaires made their wealth from crude oil. That is a fact. The article is written by a northerner and I hope the Governors will take a cue and learn to channel their resources diligently for the benefit of all.
The excerpt is the opinion of Hamiltonatlarge on the issue of Onshore/Offshore Dichotomy as posted on June 08, 2012 in our exit article, titled: "Divine Wisdom: Changing the World in Six Months."
RESOURCE CONTROL
If Nigerians allow true federalism to evolve as envisaged by our Founding Fathers it would diminish the appeal for the control of Aso Rock. In other words, if we create the right framework for the federating states within the union to manage their own people and the natural resources within their geographical boundaries, and develop at their own pace, there would be less friction and animosity in polity, and the "do or die" approach that encapsulates pursuit of power at the federal level would ebb significantly.
Furthermore, given that crude oil is the main stay of our economy, it will be disingenuous on our part to demand or suggest that the oil producing states take exclusive control and ownership of the mineral resources in their respective states at this stage. That would be economically suicidal, especially in some areas of the northern region of the country. As at now, most of the federating states do not have the means to successfully commence exploration and exploitation of mineral deposits in their respective states at sustainable and commercial level. It requires massive capital infusion, efficient labor force and planning.
Therefore, we suggest that the oil producing states take in equal proportion - 50/50 - of the Onshore Mineral deposits in their respective states with the federal government. The same standard should apply as well in other states in the federation where there are substantial deposits of mineral resources. On the other hand, Offshore Mineral deposits within a certain limit of our Economic Exclusion Zone or Continental Shelf should be under the exclusive control and ownership of the federal government. That is also the view of the Northern Governors, which I support in to to. Alex Aidaghese June 2012
MOVING FORWARD - SAVING THE NIGER DELTA
God gave us the Niger Delta and with all its natural riches for our use and enjoyment. Be that as it may, it remains unquestionably beholden of us to explore, exploit, and utilize the natural riches for the use and benefit of present generations, while making reservations for the needs and use of the unborn generations who would have no other land, except the Niger Delta and Nigeria, to call their own. It is called the sustainable development of natural resources. What is required therefore is a framework for the sustainable development of the natural resources by the government of the Federal Republic of Nigeria on behalf of her people and the local communities in and around the Niger Delta.
It involves the integration of human rights and human development initiatives within the framework of the various international investment agreements negotiated between Nigeria Government and International Oil Companies (IOCs), as well as with Local Oil Companies (LOCs). It requires balancing the investment interests of IOCs and LOCs with that of the host nation - Nigeria, without undermining the human rights and sustainable development of the local communities in the Niger Delta. That is the current trends in the development of mineral resources around the World. Nigeria should not be an exception.
It requires the establishment of a Land Reclamation Funds or Water Restoration Funds as the case may be, created at the inception of the exploration agreement to be funded by the Federal Government, IOCs, and LOCs with a certain percentage of estimated yearly earnings agreed upon by the parties. The contracting parties must deposit the reserve funds in an escrow account during each calendar year, specifically to offset environmental clean-up, oil spillage (as presently the case in Bonga Field), land reclamation, and decommissioning costs whenever the need arises or whenever the investors cease operations (Shell). The land reclamation funds, the escrow account, as well as water restorations obligations are essential and mandatory components of the integrated contract.
It recognizes the importance of local contents and training and education of the indigenes of the surrounding communities. Cash incentives only provide temporary relief and should be discontinued where possible; instead, effort should be made to expand Petroleum Training Institute, Effurun, with the capacity to absorb and provide basic machining, technical and mechanical training for candidates within the amnesty pools (former members of MEND), with a view to preparing them for entry level positions in the energy sector.
It requires honest and transparent negotiations between the government, IOCs, and the local communities where natural resources are located. IOCs should endeavor to engage and interact socially and economically with the local people on regular basis by buying local produce, attending community affairs, and cultural festivals. It is called social license, which is more important than any PSA. In addition, the divide and rule system - setting up one community against another or one interest group against another as was the case in the trial and execution of Ken Saro-wiwa, is counterproductive and should be avoided by the stake holders.
January 05, 2012
Abati: The President You Don’t Know | Sahara Reporters
Abati: The President You Don’t Know | Sahara Reporters
Since the publication of "Abati: The Jonathan They Don't Know", by Dr. Reuben Abati, the Special Adviser (Media and Publicity) to President Jonathan (posted on our blog on August 26) a lot has been written and said by Nigerians bloggers and the social media communities in reaction to the piece. The instant piece by Mr. Raheem Oluwafunminiyi is a breath of fresh air to the debate provoked by Dr. Abati. The piece is insightful and well ahead of the pack in terms of style, brevity, and most importantly, nothing personal, no name calling, not the usual accusation of betrayal, but issues, just the issues. You be the judge.
Monday, August 27, 2012
Northern Governors Set To Kill PIB | Sahara Reporters
Northern Governors Set To Kill PIB | Sahara Reporters
LAND RECLAMATION FUND
LAND RECLAMATION FUND
The term "Petroleum Host Community Fund" is a semantic error. I said so long ago. The drafter of the Bill should have categorized that Section as either "Land/Water Reclamation Fund” or “Decommissioning Fund” as the case may be. Such Fund is a core component of the emerging global trends - an international framework - for the sustainable development of natural resources. It is about the future and the unknown. Given what happened in the Gulf of Mexico, the USA, and the Bonga Oil Spillage in the Nigerian Niger-Delta recently, a "Host Community Fund" or “Land/Water Reclamation Fund” or “Decommissioning Fund” is a welcome development. The accompanied environmental devastation and its impacts on human and natural resources in and around the areas make the inclusion of such Fund in PIB morally and economically imperative.
Most importantly, as always the case in every jurisdiction, this Fund is not a development fund; the specified amount is normally paid into a designated account or a consolidated fund account as the case may be, specifically for unforeseen catastrophic occurrences connected with exploration activities. Also, the fund is required to transplant the land and the surrounding water or river to the natural state that they were prior to oil exploration - that is at the end of drilling or mining activities as the case may be. So, opposition to this fund within the PIB is without merit and should be rejected by every Nigerian.
Finally, as a Nigerian and as a professional in the energy industry, I must caution; we should not gamble with that section of the Bill. Without it, the bill is worthless. If members of the National Assembly are willing to abdicate their constitutionally recognized legislative responsibilities due to pressure from a section of the national governors, then we might as well jettison the concept of the Presidential system of government or eliminate the Legislative branch entirely. In that case, the Governors and the President would be able to enact laws and implement or execute them at the same time - the military-style. I sincerely hope that is not where the Northern Governors are taking the country.
On a lighter note, there is this popular saying when I was growing up: “Soldier go, Soldier come” - the position of Energy Minister is not permanent and it is not hereditary. So why are we digressing on the power wield or likely to wield by the incumbent as if Mrs. Diezani Alison-Madueke is going to remain there permanently? It is like Republicans fighting relentlessly to dilute the power and prestige of the Presidency because a black guy is at the Oval Office presently. It could be you the next day. We should focus on the merit of the law, if at all, without regard to the power or influence of Mrs. Diezani Alison-Madueke.
Sunday, August 26, 2012
Poor Results In School Cert. Exam
Poor Results In School Cert. Exam
It is worth repeating: education is the best investment in the life of a child. Thank God, this editorial is not blaming our students, but the administration of our school system - the government.
It is worth repeating: education is the best investment in the life of a child. Thank God, this editorial is not blaming our students, but the administration of our school system - the government.
Abati : The Jonathan They Don’t Know
Abati : The Jonathan They Don’t Know
“Where are the President’s Men?” That was the title of an article we posted on May 14, 2012, following what we perceived as paucity of information coming from the Presidency regarding the direction of the administration. We argued that Dr. Abati, standing alone, and with his press releases, cannot match or withstand the unrelenting barrage of criticism and the onslaught of the Nigerian news media on President Jonathan. His best bet, in our opinion, is to get supporting hands - political operatives to play Dr Chuba Okadigbo and Uba Ahmed for President Jonathan. Now that they have Dr. Okupe, let's hope the Presidency will be able to tell their own side of the story as at when due. Enjoy or read the article and judge for yourself.
For the purpose of record, we are opposed to the appointment of Dr. Okupe. Please see our later comment/opinion on "Haunted By His Past: Okupe May Hire Keyamo to Defend Him", Posted August 28, 2012.
See http://hamiltonatlarge.blogspot.com/2012/05/where-are-presidents-men.html for "Where are the President Men?"
For the purpose of record, we are opposed to the appointment of Dr. Okupe. Please see our later comment/opinion on "Haunted By His Past: Okupe May Hire Keyamo to Defend Him", Posted August 28, 2012.
See http://hamiltonatlarge.blogspot.com/2012/05/where-are-presidents-men.html for "Where are the President Men?"
Saturday, August 25, 2012
Non-Right To Self Determination By Hannatu Musawa | Sahara Reporters
Non-Right To Self Determination By Hannatu Musawa | Sahara Reporters
In Defense of MS Hannatu Musawa - the author of the above article.
As I said elsewhere on this blog, there is an "Ogoni" in every Nigerian, because Ogoni Land, and by extension, the Niger Delta contributed immensely to the development and overall survival of the 'geographical expression' referred to as Nigeria. Niger Delta made us what we are today, as a nation-state, as a corrupt nation-state, and an ethnically conscious nation-state. We should help to build it, and not destroy it. That is my position, and it has always been so.
My conclusion here is by no means an endorsement of the profligacy of some of the political leaders in the region. As I was taught in my Economics Class in Grammar School, I want to remind those who exercise control over Niger Deltans' recurring wealth or development funds that "money is not needed for its material composition, but what it can purchase." Stop stealing. Stop accumulating wealth you can't reasonably expand. Ibori and Uncle Deprieye will tell you what I mean. I purposely veered off topic to drive home the point that all is not well with the management of funds and projects in the Niger Delta.
In Defense of MS Hannatu Musawa - the author of the above article.
The last Article of the "United Nations Declaration on Rights of Indigenous Peoples adopted by the United Nations General Assembly in New York on September 13, 2007" provides " Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States."
The UN Declaration under contention does not support secession campaign. Therefore, it is not the right law, if you must avail yourself of any UN Declarations to support a secession initiative. I read the entire 46 Articles of the United Nations Declaration on Rights of Indigenous Peoples adopted by the United Nations General Assembly in New York on September 13, 2007, and there is no part of it supporting disintegration of a sovereign nation by any means. And that is the same UN Declaration that Mr. Goodluck Diigbo alluded to in his emancipation proclamation address. The protection and inalienable rights of the indigenous people to exist in accordance with their inherent beliefs system as contained in the 2007 UN Declaration are not in any shape or form an endorsement of secession.
The UN Declaration under contention does not support secession campaign. Therefore, it is not the right law, if you must avail yourself of any UN Declarations to support a secession initiative. I read the entire 46 Articles of the United Nations Declaration on Rights of Indigenous Peoples adopted by the United Nations General Assembly in New York on September 13, 2007, and there is no part of it supporting disintegration of a sovereign nation by any means. And that is the same UN Declaration that Mr. Goodluck Diigbo alluded to in his emancipation proclamation address. The protection and inalienable rights of the indigenous people to exist in accordance with their inherent beliefs system as contained in the 2007 UN Declaration are not in any shape or form an endorsement of secession.
Furthermore, the last sentence in the last paragraph of Ms Hannatu Masawa article reads "In light of this, rather than relying on international law and the UN Convention to enforce the Ogoni people’s right to self-determination, an internal decision-making framework, such as a Constitutional Convention, National Conference or Constituency Assembly may be a more informed, advisable and sensible way for Dr. Goodluck Diigbo to present his argument for breaking away from Nigeria.”
Over the years, Southern bloggers, Pundits, Opinion Writers have been agitating for a forum for us to discuss the nature, scope, and extent of our coexistence as one nation. And that is exactly what the author seems to be suggesting in her last paragraph – the need for dialogue, internally, instead of making references or relying on arcane laws or UN Articles and Declarations that do not bear any relevance to the underlying ecological problem in the Niger Delta.
Much as I would willingly hesitate to accuse some of you here of being intellectually dishonest, suffice it to say that, when you take exceptions to the author's view or content in a given article, try and acknowledge a part of it that tends to push or support your case. Majority of those that criticized the author on Sahara Reporter (where this article was originally published) completely ignored the point she made in the final paragraph of her article, reproduced above in italic. That none of the critics notice that part of the article, given the strident demand for SNC by most Southern writers, smacks of intellectual amnesia and naivety.
In a nutshell, I firmly believe that the author is not saying anything untoward or antithetical of the interest of the good people of Ogoni Land and the age-old beliefs that they hold and share as a tribal entity. In my own judgment, the piece is simply a legal opinion on the relevance of the Article cited by Mr. Goodluck Diigbo (United Nations Declaration on Rights of Indigenous Peoples adopted by the United Nations General Assembly in New York on September 13, 2007) as a basis for the secession of Ogoni people from Nigeria.
In conclusion, I am unequivocally opposed to the disintegration of Nigeria – that is no longer a secret, but it worth repeating here. Much as I empathize with the people of Ogoni and the entire Niger Delta for the degradation of their God given land by our federal government and IOCs, I do not think that secession is the best approach to resolving the situation in the Niger Delta.
The truth is that there is nowhere in Nigeria that members of a community would welcome the pollution and environmental ills prevalent in Ogoni Land and the entire Niger Delta in their own backyards. And that is the main reason why the situation in the part of our world must be handled in a nonpolitical and non-partisan manner.
Over the years, Southern bloggers, Pundits, Opinion Writers have been agitating for a forum for us to discuss the nature, scope, and extent of our coexistence as one nation. And that is exactly what the author seems to be suggesting in her last paragraph – the need for dialogue, internally, instead of making references or relying on arcane laws or UN Articles and Declarations that do not bear any relevance to the underlying ecological problem in the Niger Delta.
Much as I would willingly hesitate to accuse some of you here of being intellectually dishonest, suffice it to say that, when you take exceptions to the author's view or content in a given article, try and acknowledge a part of it that tends to push or support your case. Majority of those that criticized the author on Sahara Reporter (where this article was originally published) completely ignored the point she made in the final paragraph of her article, reproduced above in italic. That none of the critics notice that part of the article, given the strident demand for SNC by most Southern writers, smacks of intellectual amnesia and naivety.
In a nutshell, I firmly believe that the author is not saying anything untoward or antithetical of the interest of the good people of Ogoni Land and the age-old beliefs that they hold and share as a tribal entity. In my own judgment, the piece is simply a legal opinion on the relevance of the Article cited by Mr. Goodluck Diigbo (United Nations Declaration on Rights of Indigenous Peoples adopted by the United Nations General Assembly in New York on September 13, 2007) as a basis for the secession of Ogoni people from Nigeria.
In conclusion, I am unequivocally opposed to the disintegration of Nigeria – that is no longer a secret, but it worth repeating here. Much as I empathize with the people of Ogoni and the entire Niger Delta for the degradation of their God given land by our federal government and IOCs, I do not think that secession is the best approach to resolving the situation in the Niger Delta.
The truth is that there is nowhere in Nigeria that members of a community would welcome the pollution and environmental ills prevalent in Ogoni Land and the entire Niger Delta in their own backyards. And that is the main reason why the situation in the part of our world must be handled in a nonpolitical and non-partisan manner.
As I said elsewhere on this blog, there is an "Ogoni" in every Nigerian, because Ogoni Land, and by extension, the Niger Delta contributed immensely to the development and overall survival of the 'geographical expression' referred to as Nigeria. Niger Delta made us what we are today, as a nation-state, as a corrupt nation-state, and an ethnically conscious nation-state. We should help to build it, and not destroy it. That is my position, and it has always been so.
My conclusion here is by no means an endorsement of the profligacy of some of the political leaders in the region. As I was taught in my Economics Class in Grammar School, I want to remind those who exercise control over Niger Deltans' recurring wealth or development funds that "money is not needed for its material composition, but what it can purchase." Stop stealing. Stop accumulating wealth you can't reasonably expand. Ibori and Uncle Deprieye will tell you what I mean. I purposely veered off topic to drive home the point that all is not well with the management of funds and projects in the Niger Delta.
By the way, here is the link to the United Nations (2007) Declaration on the Rights of Indigenous Peoples (http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf)
Friday, August 24, 2012
OBAMA, VOTER ID AND VOTER SUPPRESSION!
In the words of President Barack Obama, "the first piece of advice is this. Don't just get involved. Fight for your seat at the table. Better yet, fight for a seat at the head of the table. If you decide not to set yourself at the table, you have to make sure you have a say in who does. It matters. My second piece of advice never under estimate the power of your advice. The last one is simple, but perhaps most important. Persevere. Persevere. Nothing worthwhile is easy." Commencement Speech at Barnard College, New York, 2012.
Ladies and Gentlemen, to be able to have a say in who seat at the table, you must register to vote. In addition, you must ensure that you have the means to exercise that right - a government issued ID. People fought and died in the struggle to have the right to vote written into law. Therefore, we must not take it (the right to vote) lightly or treat the opportunity that it provides with levity. Today, that right is facing imminent, but avoidable extinction following the passage of Voter ID Law by most GOP controlled General Assembly throughout the United States - a diabolical political machination calculated by Republicans to defeat President Obama without going to the voting booths. This is a timely warning; nevertheless, overcoming GOP and their voodoo game plan is a task that must be done.
As the 2012 presidential election draws near, there are States, Cities, and Counties all over the United States where there are new Voter ID laws enacted by Republicans that would make it legally impossible for eligible voters to exercise their right to vote. Republican General Assembly in the affected States, Cities, or Counties enacted the laws to frustrate eligible voters from going to the voting booths. The laws, as designed, purposely targeted African Americans, the young, and the elderly. No doubt, these laws, as well as proposed changes regarding early-ballot or early voting in some of the Counties, are understandably calculated to defeat President Obama by any means necessary, even if it means using draconian laws to imperil the performance of a lawful purpose by those who are duly qualified to exercise the right.
In a civilized society as ours, it is expected that those who are legally qualified to vote should be able to exercise that right, without any complication imposed by legislative incivility. Republicans want the opposite. Because they firmly believe that disfranchisement of young voters, minority voters, and the elderly is the surest way to defeating President Obama in all the key States in the November presidential election. Republicans know full well who the potential victims of the Voter ID requirements are. This information is nothing new. Democrats are talking about it. And Pundits in the news media are talking about it. I am only interested in solutions.
Democrats, especially African Americans should brace up for the challenges and do everything possible to obtain a government issued ID to be able to defeat Republicans and their ill-conceived manipulation of existing rules and regulations. For the elderly, there is a difference, and they have my sympathy; we must come to their rescue and help them secure the necessary documents to regularize their eligibility. And as Macbeth would say: “The flighty purpose never is overtook Unless the deed goes with it. From this moment The very firstlings of my heart shall be The firstlings of my hand.”
At this juncture, I would like to remind my African American friends and family members that the right to vote, inherent and inalienable as it may seem, is incomplete without the ability to exercise it. Going to court to fight for the abrogation of these laws is one step out of many solutions. The best option is simple: the potential victims should get the necessary documents and secure a government issued ID before the Election Day. Those in position to assist the elderly and other potential victims with their government issued ID procurement should start the process right now. Those who are already in the process and assisting should accelerate this noble undertaking. It is worth doing because it is better to eliminate all the Republican troubles and put them behind us now than wait until Election Day or the day after to litigate eligibility and disfranchisement. We should not forget the outcome of the Florida Punch Card saga.
Finally, as the President and Democrats embark on door-to-door, city-to-city, and state-to-state campaigning, they should always remember to remind supporters the importance of voter ID or government issued ID, and the need for those who already have to assist those who don’t have, but are eligible to vote, to secure the necessary documents to be able to vote. That is the first step to defeating Republican in their game. It is a noble venture and morally imperative in every respect.
Thursday, August 23, 2012
allAfrica.com: Nigeria: 'Tompolo, Dokubo Get N5 Billion to Guard Pipes'
allAfrica.com: Nigeria: 'Tompolo, Dokubo Get N5 Billion to Guard Pipes'
It won't last long. My advice to these guys is to start investing or making plans to go back to school as soon as possible. Militancy is like ‘Ashawo” business – it has its season and time. It is not like the Legal, Medical, or Accounting profession; it loses its luster rapidly as you grow out of your prime.
My position on the never ending Niger Delta militancy is very clear: the International Oil Companies (IOCs) are responsible for the desecration of the fresh water and the land all over the Niger Delta. Adding to that, land reclamation undertaking is not negotiable; it is a part of natural resources exploitation, and therefore, an obligation on the part of IOCs.
On the flip side, the Niger Delta youths must take advantage of the Federal Government Amnesty Program and pick up a new trade or a training program as the case may be. President Jonathan will not remain in office more than it is constitutionaly allowed. Another government might not be favorably disposed to amnesty or set aside program - meaning cash incentive is definitely not sustainable.
Finally, the Iboris and the Uncle Deprieyes and those presently in leadership positions in the Niger Delta should always remember that leadership is a fiduciary responsibility - you hold or exercise the power for and on behalf of the people. Stop accumulating wealth you and your immediate or extended family do not have the capacity to manage or spend in a life time. If you must steal, steal what you can spend or what you reasonably need. Anything to the contrary, borders on insanity and stupidity. Ask Governor Ibori. Also, if you can help it, don't steal at all. Ask Uncle Deprieye. There are always bigger opportunities ahead of you, if you do the right thing.
Finally, if Tompolo and Dokubo are executing the contract or the job as defined in the contract, I do not have any problem with it. On the other hand, if performance is not commensurate with compensation; then, only then, would I be troubled.
Finally, if Tompolo and Dokubo are executing the contract or the job as defined in the contract, I do not have any problem with it. On the other hand, if performance is not commensurate with compensation; then, only then, would I be troubled.
Please find below, an excerpt from "Bonga Oil Spillage: Niger Delta and Sustainable Development." ( http://hamiltonatlarge.blogspot.com/2012/01/bonga-oil-spill-royal-dutch-and.html)
MOVING FORWARD
MOVING FORWARD
Indeed, President Goodluck Jonathan’s (Niger Deltan) election as President of Nigeria is important symbolically, but they cannot overcome 50 years of abuse of federal character, quota system, environmental degradations, and the indiscriminate destructions of the aquatic resources that the people of Niger Delta overwhelmingly depend on for their survival by the multi-national oil companies.
They survived 50 years of neglect and deprivations. That is a fact.
They were fisher-men, they were into rubber and they were into timber. They were industrious, self-secured and self-sufficient. They were loyal landlords, until the uninvited quests confiscated their land, took away the riches of their earth, and imperiled their means of survival.
And yes, they produced and drank ogogoro (local gin), but there was no drunkard and no insane delusional or hopeless mind rummaging the swampy landscape scavenging for a piece of the black gold simmering from crevices along the pipelines. IOCs and the Federal Government of Nigeria took their humility for granted and left them economically pulverized.
There was no burning, and there was no looting. There was no kidnapping of white men and not so white men for ransom. And there was no lamentation of force majeure by Shell, or BP, or by Chevron. These companies cleaned up their mess in the Gulf of Mexico and elsewhere in the developed and developing World; they must be made to clean up their mess in the Niger Delta.
That is not too much of a demand.
January 02, 2012.
Wednesday, August 22, 2012
REP. TODD AKIN: LEGITIMATE RAPE + FORCIBLE RAPE = REPUBLICAN EXTREMISM
Most Republican members of
Congress will never discard their antediluvian view about women. Congressman, Todd Akin is not alone in the act
of women bashing - he is a quintessential Republican. His extreme views about
women and rape dovetail in toto with that of Mr. Paul Ryan as well as mainstream
Republicans.
Mr. Paul Ryan (Governor Romney's running
mate on the Republican Presidential ticket) is the mastermind of the "Forcible Rape" Bill of 2011. The truth is that, the
"Legitimate Rape" bombshell by Mr. Todd Akin, incendiary and
demeaning of women as it appears in the eyes of reasonable people all over the World, is not alien to Republican members of Congress - it is their
trademark. Mr. Todd Akin is in a
precarious position presently, not necessarily because of what he said, but for
the timing of what he said. Period.
To those who do not know and who care to know, "Legitimate (Forcible) Rape" is a Republican invention, developed by Mr. Paul Ryan. And Mr. Paul Ryan is Governor Romney's running mate for the Republican ticket for the November Presidential election. So, the rage in the media by Republicans and their sympathizers over Mr. Todd Akin's remark goes to show how desperate Republicans are. The developing global outrage over Mr. Akin's statement is becoming too overwhelming. Simply put, Republicans are running away from their brainchild.
To those who do not know and who care to know, "Legitimate (Forcible) Rape" is a Republican invention, developed by Mr. Paul Ryan. And Mr. Paul Ryan is Governor Romney's running mate for the Republican ticket for the November Presidential election. So, the rage in the media by Republicans and their sympathizers over Mr. Todd Akin's remark goes to show how desperate Republicans are. The developing global outrage over Mr. Akin's statement is becoming too overwhelming. Simply put, Republicans are running away from their brainchild.
Last year Mr. Todd Akin
co-sponsored a Bill with Mr. Paul Ryan (Governor Romney VP choice) along with
Republican members of Congress, arguing for an abortion exception only in cases
of “Forcible Rape" during the deliberation on "No Taxpayer Funding
for Abortion Act." That language was eventually expunged from the bill
following opposition from Democrats. The
truth is that Mr. Todd Akin is only repeating or reinstating the position of his party on the issue of “Forcible Rape” bill – that was originally developed and supported by every Republican member
of Congress - using different terminology.
It is worth repeating that there is no difference between
"Forcible Rape" as argued by Paul Ryan and Republicans members of
Congress during the deliberations on the "No Taxpayer for Abortion
Act", and "Legitimate Rape" as argued by Todd Akin in his
interview last Sunday. To Mr. Paul Ryan, Mr. Todd Akin, and Republican members
of Congress, "Forcible Rape" means the victim was completely
overpowered causing the victim to succumb under enormous pressure. And for Mr. Todd
Akin, "Legitimate Rape" means the victim was completely overpowered
causing the victim to succumb under enormous pressure. In both cases, the
victims did not voluntarily participate or play any supporting role throughout
the duration of the ordeal. In the opinion of Republican members of Congress, Mr.
Paul Ryan and Mr. Todd Akin that is the minimum standard that a rape victim
must meet to qualify as a rape victim. Otherwise, in the opinion of Republicans, she is an accomplish – a willing
participant in the act of rape who cannot be within the protected
class. Insane? No. That is vintage Republican. Because there is no difference between "Legitimate Rape" and "Forcible Rape", Paul Ryan (Mitt Romney's running
mate) and Republican members of Congress are as guilty as Mr. Todd Akin.
For Republicans and their fellow
talking heads on TV and Radio Stations to be calling on Mr. Todd Akin to step
down from the Senatorial race is totally absurd, and it is a glaring
exemplification of Republican hypocrisy. They want to run from the truth; they want to run from the opinion and the legislation that they openly canvassed and vigorously supported on the floor of the House. It is nothing new. And it is just Republican amnesia.
In a similar vein, early this year
the Republican-controlled State of Virginia Congress passed a law that would
require women who want an abortion to undergo a transvaginal ultrasound test
in order to qualify for early-term termination.
In that case, women who seek abortion would have no choice, but to
surrender their vagina for the examination process in order to meet the
State of Virginia General Assembly requirement for assistance. It was similar
stories all over the US where Republicans are in control of State General Assembly.
It came to a point that a female
member of the Ohio General Assembly demanded that men should also undergo
medical check-up to be able to qualify for the use of VIAGRA. According to
Senator Nina Turner “The men in our lives, including members of the General
Assembly, generously devote time to fundamental female reproductive issues–the
least we can do is return the favor,” “It is crucial that we take the
appropriate steps to shelter vulnerable men from the potential side effects of
these drugs.” Why not; what is good for the goose is good for the gander. What is good for Republican men is also good
for American women.
In a nutshell, with respect to the “Legitimate Rape” biological mumbo jumbo or junk science, Mr. Todd Akin is not saying anything
new or making any assertion uncharacteristic of Republican members of Congress.
The only difference presently is that Congressman, Paul Ryan who co-sponsored
the infamous “Forcible Rape" bill is running as a VP candidate with
Governor Romney under the Republican ticket. They are running from their trademark. And that’s unfortunate.
Semantically, "Legitimate Rape"
is 'Forcible Rape." Adding to that, Mr. Todd Akin’s argument during his
interview was the same argument by Republican members of Congress in their
support for the “Forcible Rape Bill" in the House during the debate on the “No Tax
for Abortion Act.” So, who is fooling
who? "Forcible Rape" is the brainchild of Paul Ryan and Todd Akin and it is vintage
Republicans. If Republicans, due to the "Forcible Rape" saga, are unwilling to trust Todd with their votes and
money, why must we trust Paul Ryan? Invariably, if we cannot trust Paul and Todd, we
shouldn't trust Paul and Governor Romney with our votes. It is that simple.
Mr. Paul Ryan, Mr. Romney, and
Republican members of Congress can’t feel your pain. No, no, they can't, because they are not part
of your world. If they are not familiar with your reality, they cannot
fathom your needs. That is the essence of governance. And that’s what makes
President Obama different from Mr. Paul Ryan and Governor Mitt Romney. Obama
knows what ails us, because he is a part of American existence, our reality, and daily living. That’s the main
reason we must return him to the Oval Office with our votes.
Obama Attacks Paul Ryan’s ‘Forcible Rape’ Bill: ‘Rape Is Rape’
Obama Attacks Paul Ryan’s ‘Forcible Rape’ Bill: ‘Rape Is Rape’:
LEGITIMATE RAPE + FORCIBLE RAPE = REPUBLICAN EXTREMISM
Tuesday, August 21, 2012
Shell Spent 40% of Global Security Budget on Nigeria, Articles | THISDAY LIVE
Shell Spent 40% of Global Security Budget on Nigeria, Articles | THISDAY LIVE
Given the restive situation in the Niger Delta, it is trite to conclude that stabilization clauses standing alone, cannot guarantee the stability that investors desire in an economy. Presently, Anglo-Dutch Shell BP and AGIP are downsizing operations in Nigeria, because of the upsurge in vandalism, kidnapping, and the indiscriminate destruction of construction facilities by the militants in some parts of the Niger Delta. In fact, Nigerian government did not introduce a new tax regime, or changes the dynamics of the regulatory framework governing any PSA. The civil society created an atmosphere that makes performance at projected level commercially impracticable, thus making it difficult comparatively for Shell to remain in operation as it was 10 or 15 years ago. So, stabilization clause as a safety net is not full proof.
Shell should reconstitute or take a second look at its office of Public Affairs (Government Relations) in Nigeria with a view to imbuing them with a new approach to sustainable development, social license and community engagement initiatives. When the leadership and the management team of Shell in Nigeria consider the surrounding communities where they exploit oil as enemy territory and deal with the owners of land as expendable interest, the report should not be unexpected. The local communities and the people come first. Shell Global Management should blame Nigerian citizens who are in leadership positions within the Shell operation in Nigeria for their problems in the Niger Delta. They would rather spend money on security, bribing the local chiefs than investing proudly in the communities where they milk the black gold. We are not surprise by the report, because we wrote about the security and unfriendly relationship between Shell and the people in the Niger Delta extensively in the past.
The following is an excerpts from our article titled "Bonga Oil Spillage: Niger Delta, and Sustainable Development" posted January 02, 2012 ( http://hamiltonatlarge.blogspot.com/2012/01/bonga-oil-spill-royal-dutch-and.html)
Presently, it cost Shell much more to provide security for its workers and facilities in comparison to what other oil companies, similarly situated, pay to maintain production at the same capacity. The facts are whenever Shell declares force majeure; both Shell and federal government suffer enormous financial setbacks, running into millions of dollars in revenues, royalties, and taxes. When those are factor into the huge security budget and the replacement cost resulting from recurring expenses associated with burning and lootings, you would have much more than enough to finance the demands of the local communities before they escalate out of control into kidnapping proportion. According to International Finance Corporation (IFC)“before disputes escalate to settlement at international level, companies must ensure that they have in place adequate mechanisms for dispute resolution between its stakeholders and the communities. A grievance mechanism should provide a way for the communities to hold the company accountable, to be sure it take community inputs seriously, deal with them through a clear and transparence process, follow through with actions, and communication with the community.”
The interest of the local people overrides all other considerations. You cannot provide bread and butter for the local chiefs and made millions of dollars available to influential politicians to write off your taxes, and expedite contracting process, while 99.9% of the people do not have clean water to drink, cannot fish, and cannot farm.
Exploration of crude oil is intertwined with environmental hazards and other problems; therefore, same effort and resources should be devoted to managing exploration and disaster preventive measures and control.
The demand for the integration of human rights, human development and sustainable development within the framework of every investment agreements in the extractive sector, is not just an in intellectual exercise. It is real and achievable, if diligently pursued. Investment Treaties and Stabilization Clauses do not provide the kind of stability that developing some forms of relationship (social license) with the community provides.
The earlier nation-states and foreign investors embrace and acknowledge the interests and concerns of indigenous people and inculcate those concerns into their final investment agreements, the closer we are to peace and sustainable human development in the mineral producing areas anywhere in the World. Nothing enriches shareholders value more than sustainable income.
The earlier nation-states and foreign investors embrace and acknowledge the interests and concerns of indigenous people and inculcate those concerns into their final investment agreements, the closer we are to peace and sustainable human development in the mineral producing areas anywhere in the World. Nothing enriches shareholders value more than sustainable income.
.
Finally, it is our firm belief that any IOC that values life, liberty, freedom, and fundamental human rights of others, especially people living in and around mines and rigs; any IOC with genuinely concern for living things, creatures, and the environment in and around its facilities; any IOC that values peaceful investment climate inherent in cordial business relationship with local communities, should not prevaricate on these issues and the solutions proffered.
Therefore, we strongly hold that the number one problem facing multinationals in the extractive sector, especially in developing countries, Niger Delta in particular, is a failure of corporate responsibility. In addition, host nation should hold IOCs liable for any financial loss resulting from declaration of force majeure unconnected with natural disaster, or unforeseeable catastrophic occurrences. Also, we firmly believe that the health and environmental hazards prevalent in the oil producing areas and Niger Delta in particular, are preventable, and the economic deprivations and financial losses inherent in oil spillage and pollution are compensable. And that host nations and communities should demand for punitive damages where catastrophic occurrences are foreseeable, egregious, and preventable.
Therefore, we strongly hold that the number one problem facing multinationals in the extractive sector, especially in developing countries, Niger Delta in particular, is a failure of corporate responsibility. In addition, host nation should hold IOCs liable for any financial loss resulting from declaration of force majeure unconnected with natural disaster, or unforeseeable catastrophic occurrences. Also, we firmly believe that the health and environmental hazards prevalent in the oil producing areas and Niger Delta in particular, are preventable, and the economic deprivations and financial losses inherent in oil spillage and pollution are compensable. And that host nations and communities should demand for punitive damages where catastrophic occurrences are foreseeable, egregious, and preventable.
The United Nations has over the years developed numerous papers and articles on this very issue of integration of human rights and investors’ interests in natural resources agreements with host nations for the purpose of ensuring sustainable development. The one that I find most revealing and enliven, is the Rio Declaration of 1992. Four of the articles are reproduced below.
“Human beings are at the center of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature...The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations…In order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it…Indigenous people and their communities and other local communities have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognize and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development.” UN RIO DECLARATION: Principles 1, 3, 4, & 24
December, 2011
The following is another excerpt from the article titled "Stabilization Clause versus Human Rights (an abridged version appeared on AIPN discussion Board on Linkedin)" that was posted on March 23, 2012.
Given the restive situation in the Niger Delta, it is trite to conclude that stabilization clauses standing alone, cannot guarantee the stability that investors desire in an economy. Presently, Anglo-Dutch Shell BP and AGIP are downsizing operations in Nigeria, because of the upsurge in vandalism, kidnapping, and the indiscriminate destruction of construction facilities by the militants in some parts of the Niger Delta. In fact, Nigerian government did not introduce a new tax regime, or changes the dynamics of the regulatory framework governing any PSA. The civil society created an atmosphere that makes performance at projected level commercially impracticable, thus making it difficult comparatively for Shell to remain in operation as it was 10 or 15 years ago. So, stabilization clause as a safety net is not full proof.
There must be in place mechanisms for resolving and promptly too, of disputes and disagreements between IOC and local communities before they escalate to mass protest, vandalization of pipelines, and kidnapping of expatriate workers. No doubt, "grievance mechanisms will respond to project needs better if they are established early as measure to preempt rather than react to escalation of tension with surrounding communities."[ii]
Similarly, investment treaties and stabilization clauses do not provide the kind of stability that developing some forms of relationship (social license) with the community provides. Susan Joyce put it better, "the governments define the scope of legal compliance, but the broader scope of the responsibility to respect is defined by social expectations – as part of the company’s social license to operate."[iii]
In light of the foregoing, the call for integration of human rights, human development, and sustainable development initiatives within the framework of every investment agreement, shouldn't be seen as just another intellectual exercise. It must be encouraged in order to ensure peaceful co-existence between every IOC and local communities. Given the scale of nationalization of foreign investments by host governments in the past decades, foreign investors and their negotiators must be circumspect of undue advantages and the often weak bargaining power of host nations during negotiation process.
Suffice it to declare at this juncture that stabilization of the interests of local communities provides more stability than stabilization clauses in any investment agreement. In similar vein, sustainable development of the local communities provides more stability than convoluted taxation formular embedded via stabilization clauses into investment agreements by IOCs and their highly skilled and powerful Lawyers and Accountants. It is more about social license - engaging and interacting with the local people socially and economically. Based on indisputable facts, social license trumps stabilization clauses as far as investment stability goes in foreign soil. More emphasis should be on the office of Director of Public Affairs – an office with a positive and social mandate, with the ability to project positive social image of IOCs before the local communities. Therefore, Lawyers, Accountants, and Geologists who represent some of these multinationals having investments or contemplating investments in developing countries should be cognizance of these developing trends in natural resources agreements and be conscious of the fact that stabilization clause has its limitations.
Thank you.
FG to Reconstitute Auditors to Verify Subsidy Claims, Articles | THISDAY LIVE
FG to Reconstitute Auditors to Verify Subsidy Claims, Articles | THISDAY LIVE
REASONABLE INITIATIVE OR AN OVERKILL?
It is getting confusing, I must confess. The Technical Committee headed by Aigbojie has completed its job. McKinsey & Company that "was commissioned to formulate foolproof processes and procedures for the highly flawed fuel subsidy scheme in the country" has completed its job. Now you are telling us that 'the reconstitution of the auditors is meant to enable the Federal Ministry of Finance to continue the payments of subsidy claims to oil-marketing and trading companies (OM&Ts)." Meaning, without reconstituting the auditors (McKinsey & Company) Federal Ministry of Finance cannot or do not have the capability to continue making payments to oil-marketers. Are we substituting our Ministry of Finance with McKinsey & Company? Or is this simply an over-kill?
The Technical Committee, working with the auditors proved beyond every reasonable doubt that most marketers scammed the subsidy system of verifiable amount of money. And they did that with facts and figures - the marketers or the scammers were paid for what they did not supply. If there is an outstanding claims, we should deduct the excess payments (the amount they received for their bogus claims) from the so-called outstanding claims. Are you saying the Ministry of Finance cannot do that using its own workers? Or maybe the story is just a figment of the reporter’s imagination. We are watching.
Monday, August 20, 2012
EXCLUSIVE: Nigeria’s biggest oil fraudsters; the worst subsidy scam ever
EXCLUSIVE: Nigeria’s biggest oil fraudsters; the worst subsidy scam ever
DON'T CRY FOR ME ARGENTINA: MY FATHER HAS INFLUENCE & MY UNCLE TOO!
DON'T CRY FOR ME ARGENTINA: MY FATHER HAS INFLUENCE & MY UNCLE TOO!
Another sad day in Nigerian history: we are yet to hear the worst about the petroleum subsidy scam. This story and events that you are about to read will make you mad, cry for Nigeria, or want to start a revolution. But wait, the fact remains, the people involved are not those you would ordinarily think of going after in the event of any revolution. They are not political leaders we love to hate. From all indications and in light of what we have seen so far about the subsidy scam, one cannot help, but conclude that it was simply an organized crime professionally perpetrated by Nigerians who share the same political and business connections. They are the children and blood relations of leaders of our political parties.
We must not fail to applaud Mr. Aigboje Aig-Imoukhuede and his Technical Committee for a thorough investigation. I am in total support of his recommendation - demanding a total refund of the money the scammers received from the NNPC and PPPRA for oil and gas that they didn't supply. I consider it a smart move because litigating recovery via criminal prosecution of the culprits might not yield a result that would benefit the nation given the non-reliability of our judiciary in similar cases. If at all, it serves a better national purpose to go after the fruits of the crime first before prosecuting the offenders for crime against the state. I have always been in support of Civil Asset Forfeiture Law because it saves time and money. And above all, the outcome is more predictable.
The Technical Committee did the job as defined by President Jonathan. They have shown with facts and figures - proof beyond reasonable doubt - that the offenders cooked up papers and went before a constituted authority to collect money knowing full well that they did not supply oil or kerosene to NNPC. The proof is very glaring for the whole World to see: if you claim, for instance, that you did supply oil to NNPC, using Ship YMJ at Lagos Terminal on 10/10/2010, and on 10/10/2010, Ship YMJ was in Singapore and could not have been at Lagos Terminal, then you lied. In a similar vein, if Ship YMJ that you alleged to have used does not exist at all, invariably, you lied. This is 419 against the people and government of Nigeria. They were very conscious of what they were doing. They knew very well that it is unlawful to defraud the State. They simply did not care. These guys should be in handcuffs and paraded before Nigerians and the World to see.
Sunday, August 19, 2012
Why Bakassi, Ogoni Others Are Restive
Why Bakassi, Ogoni Others Are Restive
SPECIFICALLY ON BAKASSI
SPECIFICALLY ON BAKASSI
The Bakassi saga will not abate until the people are restored to their God-given land and territory forcibly taken from them by ICJ and the Obasanjo government. How on earth could an elected government relocate a group of people from their land, without availing them the right or opportunity to consent before ceding their territory to another sovereign? What the UN and ICJ should have done is to conduct or hold a referendum on the issue. The people have the right to vote on whether or not they want to merge with Cameroon or remain on their God-given land as they have always been as a legitimate part of the Federal Republic of Nigeria. It is a legitimate political question to ask via a televised referendum in the territory. It will eventually come to that, if not now, but in the nearest future.
The Bakassi story is unheard of anywhere in civilized World - the land and the people of Bakassi are one and the same. You cannot move the people and leave the land behind - they both belong to Nigeria. The ongoing Bakassi impasse is a challenge before this generation or the emerging new leadership. Reclaiming Bakassi is a task that must be done. If doing that demands going into politics, so be it.
The Bakassi story is unheard of anywhere in civilized World - the land and the people of Bakassi are one and the same. You cannot move the people and leave the land behind - they both belong to Nigeria. The ongoing Bakassi impasse is a challenge before this generation or the emerging new leadership. Reclaiming Bakassi is a task that must be done. If doing that demands going into politics, so be it.
Akin say 'legitimate' rape won't cause pregnancy : Stltoday
Reading and digesting Rep. Todd
Akin's comment is a very difficult thing to do. It shows how extreme and
detached most Republican members of Congress are from American realities.
Unless this man wants the world to believe that ejaculation does not take place
during rape. What is the difference between rape, sex, and love making? The
process or means are the same. Except in the case of rape, there is no
consent, no interest, and no physical attraction. Above all, there is no
emotional connection - it is simply against the victim's will.
I
trust Sen. Claire McCaskill will be able to handle this far-right zealot
and call him who he really is - a sadist -
without any equivocation in their coming debates and place him where he
rightly belongs - out of Congress. That place, as originally conceived, is for
the refined minds. Not anymore. But that has to change to ensure sustainable peace, growth, and greatness in the polity.
If I may ask: what's so
legitimate about rape? If the sexual encounter was without the woman's consent,
it is rape. If it is rape, it is not legitimate. It is inhuman. It is savagery and it is un-American. Granted, I am not a Native
American English speaker, but suffice it to say that the word
"legitimate" in that sentence is not legitimately used. You cannot glorify an act that is evil with semantic
sophistry. And that's Republicans for you. "By their fruits, ye shall know them."
Blogger's comment:
You may also want to read "REP. TODD AKIN: LEGITIMATE RAPE + FORCIBLE RAPE = REPUBLICAN EXTREMISM" for an objective and interesting take on the issue. It was posted on this Blog on August 22, 2012.
REP. TODD AKIN: LEGITIMATE RAPE + FORCIBLE RAPE = REPUBLICAN EXTREMISM
Most Republican members of Congress will never discard their antediluvian view about women. Congressman, Todd Akin is not alone in the act of women bashing - he is a quintessential Republican. His extreme views about women and rape dovetail in toto with that of Mr. Paul Ryan as well as mainstream Republicans.
Mr. Paul Ryan (Governor Romney's running mate on the Republican Presidential ticket) is the mastermind of the "Forcible Rape" Bill of 2011. The truth is that the "Legitimate Rape" bombshell by Mr. Todd Akin, incendiary and demeaning of women as it appears in the eyes of reasonable people all over the World, is not alien to Republican members of Congress - it is their trademark. Mr. Todd Akin is in a precarious position presently, not necessarily because of what he said, but for the timing of what he said. Period.
To those who do not know and who care to know, "Legitimate (Forcible) Rape" is a Republican invention, developed by Mr. Paul Ryan. And Mr. Paul Ryan is Governor Romney's running mate for the Republican ticket for the November Presidential election. So, the rage in the media by Republicans and their sympathizers over Mr. Todd Akin's remarks goes to show how desperate Republicans are. The developing global outrage over Mr. Akin's statement is becoming too overwhelming. Simply put, Republicans are running away from their brainchild.
Last year Mr. Todd Akin co-sponsored a Bill with Mr. Paul Ryan (Governor Romney VP choice) along with Republican members of Congress, arguing for an abortion exception only in cases of “Forcible Rape" during the deliberation on "No Taxpayer Funding for Abortion Act." That language was eventually expunged from the bill following opposition from Democrats. The truth is that Mr. Todd Akin is only repeating or reinstating the position of his party on the issue of “Forcible Rape” bill – that was originally developed and supported by every Republican member of Congress - using different terminology.
It is worth repeating that there is no difference between "Forcible Rape" as argued by Paul Ryan and Republicans members of Congress during the deliberations on the "No Taxpayer for Abortion Act", and "Legitimate Rape" as argued by Todd Akin in his interview last Sunday. To Mr. Paul Ryan, Mr. Todd Akin, and Republican members of Congress, "Forcible Rape" means the victim was completely overpowered causing the victim to succumb under enormous pressure. And for Mr. Todd Akin, "Legitimate Rape" means the victim was completely overpowered causing the victim to succumb under enormous pressure. In both cases, the victims did not voluntarily participate or play any supporting role throughout the duration of the ordeal. In the opinion of Republican members of Congress, Mr. Paul Ryan and Mr. Todd Akin that is the minimum standard that a rape victim must meet to qualify as a rape victim. Otherwise, in the opinion of Republicans, she is an accomplish – a willing participant in the act of rape who cannot be within the protected class. Insane? No. That is vintage Republican. Because there is no difference between "Legitimate Rape" and "Forcible Rape", Paul Ryan (Mitt Romney's running mate) and Republican members of Congress are as guilty as Mr. Todd Akin.
For Republicans and their fellow talking heads on TV and Radio Stations to be calling on Mr. Todd Akin to step down from the Senatorial race is totally absurd, and it is a glaring exemplification of Republican hypocrisy. They want to run from the truth; they want to run from the opinion and the legislation that they openly canvassed and vigorously supported on the floor of the House. It is nothing new. And it is just Republican amnesia.
In a similar vein, early this year the Republican-controlled State of Virginia Congress passed a law that would require women who want an abortion to undergo a transvaginal ultrasound test in order to qualify for early term termination. In that case, women who seek abortion would have no choice, but to surrender their vagina for the examination process in order to meet the State of Virginia General Assembly requirement for assistance. It was similar stories all over the US where Republicans are in control of State General Assembly.
It came to a point that a female member of the Ohio General Assembly demanded that men should also undergo a medical check-up to be able to qualify for the use of VIAGRA. According to Senator Nina Turner “The men in our lives, including members of the General Assembly, generously devote time to fundamental female reproductive issues–the least we can do is return the favor,” “It is crucial that we take the appropriate steps to shelter vulnerable men from the potential side effects of these drugs.” Why not; what is good for the goose is good for the gander. What is good for Republican men is also good for American women.
In a nutshell, with respect to the “Legitimate Rape” biological mumbo jumbo or junk science, Mr. Todd Akin is not saying anything new or making any assertion uncharacteristic of Republican members of Congress. The only difference presently is that Congressman, Paul Ryan who co-sponsored the infamous “Forcible Rape" bill is running as a VP candidate with Governor Romney under the Republican ticket. They are running from their trademark. And that’s unfortunate.
Semantically, "Legitimate Rape" is 'Forcible Rape." Adding to that, Mr. Todd Akin’s argument during his interview was the same argument by Republican members of Congress in their support for the “Forcible Rape Bill" in the House during the debate on the “No Tax for Abortion Act.” So, who is fooling who? "Forcible Rape" is the brainchild of Paul Ryan and Todd Akin and it is vintage Republicans. If Republicans, due to the "Forcible Rape" saga, are unwilling to trust Todd with their votes and money, why must we trust Paul Ryan? Invariably, if we cannot trust Paul and Todd, we shouldn't trust Paul and Governor Romney with our votes. It is that simple.
Mr. Paul Ryan, Mr. Romney, and Republican members of Congress can’t feel your pain. No, no, they can't, because they are not part of your world. If they are not familiar with your reality, they cannot fathom your needs. That is the essence of governance. And that’s what makes President Obama different from Mr. Paul Ryan and Governor Mitt Romney. Obama knows what ails us because he is a part of American existence, our reality, and daily living. That’s the main reason we must return him to the Oval Office with our votes.
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