Shell in Contempt

[Guest guest]

The oil multinational Shell is facing contempt of court proceedings in

Nigeria over gas flaring.

 

Last month, a court ordered the company to stop flaring gas from oil

wells in the country, which accounts for much of Africa's greenhouse

gas emissions.

 

Shell has not halted the practice, so campaign groups have initiated

proceedings for contempt of court, which can result in imprisonment.

 

Shell has appealed against the initial judgement and denies it is in

contempt.

 

In November, the Nigerian Federal Court, sitting in Benin City, ruled

on a case brought by environmental and social groups on behalf of the

Iwherekan community of Delta State.

 

They argued that flaring creates significant local pollution and

health problems, and is inherently wasteful of a resource which could

bring income to local communities.

 

Shell's operations have been hampered by a recent explosion

International environmental groups also argue it is a significant

source of greenhouse gas emissions, with flaring in Nigeria perhaps

the biggest source of emissions in Africa.

 

The Benin court ruled that gas flaring amounts to " ...a gross

violation of [the plaintiffs'] fundamental right to human life and

dignity... " , and that Shell and the Nigerian National Petroleum

Corporation had broken national law by failing to carry out an

environmental impact assessment.

 

By failing to stop flaring, as ordered by the court, campaigners now

argue Shell is in contempt, and have initiated proceedings in the

Federal Court.

 

" Since judgement was passed, Shell has not halted her illegal

activities, " said Nnimmo Bassey, of the Nigerian group Environmental

Rights Action.

 

The company has made a further appeal because it believes that the

court did not adopt the correct procedure

Shell spokeswoman " We see a multinational corporation that has no

respect for the rule of law, but who at every turn loves to

characterise local people as vandals and saboteurs. "

 

Earlier this month, an attack with explosives on an oil pipeline

forced Shell to suspend extraction at two of its wells and delay

shipments.

 

The background to this and other incidents is the view held by some

Nigerian communities that they do not benefit from oil wealth, with

profit going to the multinationals.

 

" It's astonishing that Shell has not complied with this court order

preventing it from continuing gross violations of human rights, " added

Peter Roderick of the international organisation Climate Justice,

which has been involved with the action.

 

" Its behaviour seriously undermines respect for the rule of law that

its operations rely on. "

 

In London, a Shell spokeswoman said that the company did not believe

itself in contempt.

 

" The Benin High Court went ahead with its decision despite the fact

that Shell Nigeria's preliminary appeal on jurisdiction was still

outstanding, " she told the BBC News website.

 

" In addition, the company has made a further appeal because it

believes that the court did not adopt the correct procedure.

 

" Our appeals will be held by the Nigerian Court of Appeal; until then,

our understanding is that we are not in contempt of court for

continuing to flare gas. "

 

The company says it flares the gas rather than processing it because

there is no local market and no facilities which could liquefy it for

export, though such facilities are now under development.

 

Shell and the Nigerian government have both committed to phase out

flaring in Nigeria by 2008.

 

In 2004 the World Bank said that companies operating in Nigeria, which

include Shell, ExxonMobil and Chevron, flare 75% of the gas that they

produce.