The most comprehensive fisheries and oil and gas conflicts management mechanisms in Ghana are those that have been presented by the oil and gas companies as requirements for the issue of
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environmental permit by the Environmental Protection Agency. As part of the environmental permit application process for the Jubilee Field Phase 1 Development, a Public Consultation and Disclosure Plan (PCDP) was prepared as a tool for managing communications between the Jubilee project and stakeholders. In lieu of the development of the PCDP, public consultation meetings were organized to explain the objectives and nature of the project to the various stakeholders, including traditional and religious leaders, youth leaders, Members of Parliament, District Chief Executives and officials in the district administration, groups and local
communities that may be affected by the project notably fishers and members of the general public. The goal of the PCDP is to improve participatory decision making among groups that can affect, or be affected by the development of the Jubilee project. It also aims to improve and facilitate decision making in relation to the project and its host country, and the fishing communities within its catchment area. One important specific objective of the PCDP was to develop and describe formal grievance submittal, management and resolution mechanisms18.
Fisheries and oil and gas conflicts in Ghana arise mostly due to the notion and the perceptions that fishers have about the oil and gas industry and their operations. It is therefore appropriate that Tullow Oil included grievance management and resolution mechanisms in the PCDP. The grievance management and resolution mechanisms, as described in the PCDP, are built around mechanisms that have existed in local communities for years which revolve around traditional leaders and family heads. Tullow Oil is of the view that though most of the grievances in local communities are mainly domestic disputes, it is likely that grievances concerning the Jubilee project could benefit from proven traditional dispute resolution mechanisms and believe that through the traditional procedure, all grievances that occur as a result of fisheries and oil and gas
18 Please refer to the Jubilee Field Phase 1 Development Public Consultation and Disclosure Plan for more information.
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interactions can be addressed before they reach formal courts. The grievances redress process presented in the PCDP involves three distinct levels where settlement can be reached at each level. Where no amicable solution is found, the dispute can be taken to the next level until the grievance is finally resolved. The contesting party has the right to finally seek redress in the court of law. Details of the procedures and levels are described below.
At level one, grievances can be received verbally and in writing. Tullow Oil Community Liaison Officers (CLO) may receive verbal grievances during their visits to the communities. When possible, grievances are resolved in the presence of family members or other witnesses. Written grievances on Project Grievance Forms may be submitted in person or sent to the approved locations in the communities or to Tullow offices in Takoradi or Accra. As part of their daily work, CLO are to schedule regular visits to designated collection points to receive feedback and collect grievance forms. All grievances are recorded in duplicate on the Project Grievance Form and receipts are acknowledged in writing and entered into a grievance register. A copy of the form functions as acknowledgement of receipt of the grievance. The duplicate form will be provided to the person either at the time of the recording of the grievance (if verbal) or within 7 days of receipt of the written grievance. All grievances are classified according to categories and registered on the grievance database. The grievance database includes details of the name of the person, their contact details, address/village, category of grievance, and the status of the
grievance.
Grievances are reviewed by the CLO to confirm that the grievance is project related. People are informed in writing if their grievances are project related. If the grievance is confirmed to be project related, the CLO will refer it to the Social Investment (SI) Manager who will then consult the appropriate internal department for investigation and feedback. Where necessary, Tullow
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seeks advice and intervention of the local traditional authorities for resolving issues. This is done through consultative bodies at various levels including community leaders to periodically
consider such grievances and provide a forum for hearing all sides and seeking consensus. This consultative body is made up of representatives of the Traditional Council, Community-Based Organizations, Non-Governmental Organizations and the District Assembly. Grievances that have legal dimensions are forwarded to the legal department of Tollow. The department has 21 calendar days to review and respond to the grievance, after which the CLO provide the person with a written response 30 calendar days of receipt of the grievance. In cases where people cannot read, a verbal response is provided. The contesting party is also kept informed if the grievance investigation is delayed. The responses generally include a settlement proposal for consideration and are coordinated through the on-site management team. The aggrieved persons‟ response to the proposed resolution will also be recorded on the database. The Social Investment Manager visits the person within 30 days to verify whether the grievance is resolved. If it is resolved, it is then closed on the database. If not, it is carried forwards to Level 2.
Where cases cannot be resolved through the Level 1 process, they are referred to the Complaints and Grievances Committee (CGC) which is set up by Tullow in consultation with community representatives. This represents Level 2 of the grievance management mechanism. The CGC has the following roles and responsibilities:
i. Determine the way forward in resolving complaints considered to be reoccurring
ii. Manage all new complaints considered to be above the precedent and authority levels of CLO
iii. Review the resolution procedures adopted by the CLO to determine its merits and come out with alternative resolution
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iv. Seek to resolve all outstanding unresolved complaints received over the year
v. Examine other alternatives to resolve complaints considered to be resolved of which the complainants refuse to sign the Terms of Resolution because of dissatisfaction with the resolution
vi. Ensure that decisions or recommendations taken/made in the resolution process conform to Tullow‟s Complaints and Grievances standard operations procedures and explain deviations
vii. Refer all unsolved complaints that are above the precedent and authority level of the committee to the corporate affairs management for review
viii. Document Committee‟s resolution procedures to serve as a guide to future resolutions
The CGC is composed of CLO, Communication Manager, Social Investment Manager,
Representatives from Environment, Health and Safety, Legal and Human Resource Departments and 2 stakeholder representatives. The CGC meets according to demand for resolution of
grievances. Any complaint (whether appealed or new) that goes before the CGC must be resolved within 2 weeks. In instances where complaints are not resolved within the stated sittings, the CGC records the reasons for its inability to do so. Aggrieved persons can seek independent arbitration in court if grievances are not resolved amicably at the level of the CGC. This is Level 3 of the grievance management mechanism. Efforts to gather information on the number of cases that have so far been resolved in court were not successful.
Fisheries and oil and gas conflicts are also managed through the provision of social amenities and other services as corporate social responsibility by oil and gas companies to fishers and fishing communities as a way of the oil and gas companies compensating the fishers for their impacts on fishing activities and communities. Information gathered and observations made in
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fishing communities showed that some communities have benefitted from the payment of corporate social responsibility like the construction of bore holes to drill underground water to supply the communities with good drinking water. It was gathered also that, there were instances where community people had complained to the oil and gas companies about the poor quality of the air that they breathed and its impact on their health which they believed was as a result of gas flaring from the offshore oil and gas platform. The oil and gas companies responded by
conducting health screening exercises to identify those affected for compensations to be paid to them. The oil and gas companies sometimes also organize meetings in fishing communities to meet with fishers to educate them on how to avoid engaging in issues that create conflicts between them and to assist them to tackle some of the problems faced by fishers and the fishing industry. Through such meetings some fishing communities have benefitted from the provision of improved fish smoking ovens provided by the oil and gas companies to women fish smokers to improve smoking efficiency. The oil and gas companies have done this as a way to manage their relationships with the communities to minimize the occurrence of conflicts.