SOBRE EL ACCIONAR DIDACTICO COMO PRÁCTICA EDUCATIVA

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(12.5 percent), and the Usan Field (20 percent). TEPNG also has a 15 percent interest in NLNG which operates 6 liquefaction trains on Bonny Island.¹⁹²

2.3.5 Nigeria Liquefied Natural Gas Limited [NLNG]

The NLNG was incorporated as a Limited Liability Company on 17 May 1989, to harness Nigeria’s vast natural gas resources and produce liquefied natural gas and natural gas liquids for export. NLNG is owned by four shareholders, namely: the Federal Government of Nigeria represented by the NNPC (49 percent shares), SPDC (25.6 percent), TEPNG (15 percent) and Eni (10.4 percent). The company has two wholly-owned subsidiaries, namely: Bonny Gas Transport [BGT] Limited and NLNG Ship Management Limited [NSML].¹⁹³ The NLNG is located on Bonny Island in Rivers State. The company has 6 trains currently

operational. The NLNG plant is capable of producing 22 Million Tonnes Per Annum [MTPA] of NLG, and 5 MTPA of NGLs (LPG and condensate) from 3.5 billion standard cubic feet per day of natural gas intake. NLNG has championed Nigeria’s efforts to eliminate gas flaring as the company’s operations have helped reduced Nigeria’s flaring profile from 65 percent to below 25 percent. The company also supplies about 40 percent of the annual domestic LPG (cooking gas) consumption.¹⁹⁴

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constitute their CSR are provision of social and basic infrastructures like roads, bridges, markets, boreholes, town halls, electricity, etc; education projects such as building/renovation of schools, equipment of libraries, donation of computers and laboratory equipment, award of scholarships, among others; economic empowerment packages like the provision of soft loans to women and youths to boost the economy of their host communities; capacity building and manpower development, for example, in the area of provision of skills acquisition in different vocations as well as the employment and training of indigenes of host communities; and health care delivery such as the building/renovation/refurbishment of primary health centres, donation of beds and other medical facilities, including drugs.¹⁹⁵

These represent the major areas of CSR of MNOCs in Nigeria. However, MNOCs operating in the Niger Delta region of Nigeria have recently incorporated environmental and health protection and conservation aspects of CSR into their operations and corporate policies, albeit at minimal levels. This segment examines the environmental and health protection CSR models of Shell Petroleum Development Company of Nigeria Limited [SPDC], Chevron Nigeria Limited [CNL], Mobil Producing Nigeria Unlimited [MPNU], Total Exploration and Production Nigeria Limited [TEPNG] and the Nigeria Liquefied and Natural Gas Company Limited [NLNG], respectively. In doing this, attention will be focused on their respective approaches towards environmental pollution prevention, remediation and resources conservation, as well as the health of the indigenous peoples. This is been done with a view to determining whether their CSRs as presently constituted can contribute to a healthy environment for the indigenous peoples (the self-regulation model) or to make a case for the

195 O F Alabi and S SNtukekpo, ‘Oil Companies and Corporate Social Responsibility in Nigeria: An Empirical Assessment of Chevron’s Community Development Projects in the Niger Delta’ [2012](4)(2) British Journal of Arts and Social Sciences 361, 367; B I Isife, C O Albert and I N Odua, ‘Performance Analysis of Community Development Activities of Two Multi-National Oil Companies in Rivers State, Southern Nigeria’ [2012](2)(9) Developing Country Studies 57, 59-61; F N Igbara and Others, ‘Corporate Social Responsibility and the Role of Oil Companies in Community Development Projects in Rivers State Nigeria: An Evaluation’ [2014](19)(3) IOSR Journal of Humanities and Social Science 92, 94-95.

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mandatory inclusion of environmental protection and health of the indigenous peoples in the CSR of MNOCs (the State intervention model).

2.4.1 The Environmental Care

The CSR of MNOCs has been bereft of any environmental consciousness in the Niger Delta region of Nigeria. All the MNOCs operating in the Niger Delta region claim to have done well in the area of incorporating environmental friendliness into their operations. For example, Shell Nigeria¹⁹⁶ claimed in respect of its operations in Nigeria thus:

SPDC continues to make progress in close collaboration

…towards the objective of ending the continuous flaring of associated gas. Since 2000, all new SPDC JV facilities have been designed to eliminate continuous flaring of associated gas.

In parallel, a multi-year programme has been successfully implemented to install equipment for capturing associated gas from older facilities. As a result, flaring volume from SPDC JV facilities was reduced by 93% between 2012 and 2016 and flaring intensity… by around 81% over the same period.¹⁹⁷ Similarly, in respect of oil spills, Shell Nigeria claims that:

A key priority for Shell is to achieve the goal of no spills from its operations. No spill is acceptable and we work had to prevent them. Shell Companies in Nigeria operate under the same standards as all other Shell operated ventures globally.

Regrettably, in addition to spills caused by criminal activity there were seven operational spills of more than 100 kilograms in volume from Shell Companies in Nigeria facilities during 2016. This number is less than the 16 spills in 2015, due to continued progress on preventing operational spills, such as regular inspections and maintenance of pipelines. In 2016, the trial volume of oil spilled from operational incidents remained at 0.2 thousand tonnes, the same as 2015.¹⁹⁸

196Shell Nigeria is a subsidiary of Royal Dutch Shell Plcand is used to mean the various Shell companies in Nigeria. These include Shell Petroleum Development Company of Nigeria Limited (SPDC), Shell Nigeria Exploration andProduction Company Limited (SNEPCO), Nigeria Liquefied Natural Gas Company Limited (NLNG) and Shell Nigeria Gas Limited (SNG).

197Shell in Nigeria: Briefing Notes April 2017 (Shell International BV 2017) 18.

198Shell in Nigeria: Briefing Notes April 2017 (Shell International BV 2017) 21.

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Shell Nigeria also reports that third party interference on pipelines and other infrastructure was responsible for 90 percent of oil spill incidents of more than 100 kilograms from SPDC JV facilities in 2016.¹⁹⁹ In addition, it is claimed that crude oil theft on SPDC JV’s pipeline network resulted in a loss of about 5,660 barrels of oil a day in 2016, which is less than the 25,000 bbl/d in 2015.²⁰⁰ Shell Nigeria also claims that the number of sabotage related spills declined to 45²⁰¹ compared with 93 in 2013. Shell Nigeria claims this reduction in oil theft and sabotage related oil spills is attributed to continued improvements in air and ground surveillance and response by government security forces, among others.²⁰²

In the aspect of prevention of oil spills, Shell Nigeria claims that the SPDC JV is focused on implementing its ongoing work programme to appraise, maintain and replace key sections of pipeline and flowlines. Specifically, Shell Nigeria claims that:

SPDC continues to undertake initiatives to prevent and minimize spills caused by theft and sabotage of its facilities in the Niger Delta. In 2016, we sustained on-ground surveillance efforts on SPDC JV’s areas of operations, including its pipeline network, to mitigate incidences of third party interference and ensure that spills are detected and responded to as quickly as possible. There are also daily overflights of the pipeline network areas to identity any new spill incidents or activities.

We have also installed state-of-the-art high definition camera to a specialized helicopter that greatly improves the surveillance of our assets and have implemented anti-theft protection mechanisms on key infrastructure.²⁰³

As regards spill response and clean up, Shell Nigeria claims to have performed optimally as well as boast of compliance with Nigerian oil industry regulatory requirements and

199Ibid.

200Ibid.

201This does not include figures from the Forcados incidents of 2016.

202Shell in Nigeria Briefing Notes 2017 (n 2) 21.

203Shell in Nigeria Briefing Notes 2017 (n 2) 21.

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international standards.²⁰⁴ For instance, it is claimed that SPDC JV cleans and remediates the area impacted by spills from its facilities, irrespective of cause. It claims that:

SPDCs remediation practices are compliant with the Environmental Guidelines and Standards for the Petroleum Industry in Nigeria [EGASPIN], Revised Edition 2002 as well as relevant international standards.²⁰⁵

This claim is also made by other MNOCs operating in the Niger Delta region. However, evidence suggests they have not done enough as their operations still do not reflect respect for the health and environment of the host communities. This segment examines the CSR models of some MNOCs in their host communities.

2.4.2 Chevron Nigeria Limited [CNL] Model

In the environmental stewardship section of Chevron 2016 Corporate Responsibility Report Highlights, the company states that, “we conduct our business in a socially and environmentally responsible manner, respecting the law and universal human rights to benefit the communities where we work.”²⁰⁶ Similarly, CNL claims that:

Chevron places the highest priority on the health and safety of our workforce and protection of our assets, communities and the environment. We are committed to continually improving our environmental performance and reducing the potential impacts of our operations through the implementation of our operational excellence management system.²⁰⁷

CNL also claims that it has four environmental principles which define how the company develops energy in an environmentally responsible manner across the life of its assets. These principles are: include the environment in decision-making, reduce your environmental

204Shell in Nigeria: Briefing Notes April 2017 (Shell International BV 2017) 22.

205Ibid.

206 Chevron, 2016 Corporate Responsibility Report Highlights (Chevron 2016) <https//www.chevron.com/-/media/shared-media/documents/2016-corporate-responsibility-report.pdf> accessed 23 September 2017.

207 Chevron, ‘Environment Initiatives’ <https://www.chevron.com/corporate-responsibility/environment>

accessed 17 October 2017.

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footprint, operate responsibly and steward your sites. The company has in accordance with ISO 14001 defined seven types of environmental activities in the following areas: site residual impacts (which involves decommissioning, remediation, reclamation; management of all types of solid waste regardless of hazardous classification; preparing for potential emergencies (such as prevention, preparedness, response and recovery of accidental releases;

protection and conservation of biodiversity as well as management of air emissions.

2.4.4 Mobil Producing Nigeria Unlimited Model [MPNU] Model

MPNU claims that it has an unwavering commitment to operations integrity, safety and flawless execution of project activities and that operating ethically and responsibly is ingrained in its business culture which is monitored, enforced and improved upon through the globally deployed Standards of Business Conduct and Operations Integrity Management Systems [OIMS]. OIMS fully meets the requirements of the International Organization for Standardization [ISO] 14001 Environmental Management Systems²⁰⁸.

2.4.5 Total Exploration and Production Nigeria Limited [TEPNG] Model

TEPNG claims that its CSR policy is to:

(a) Respect local, national and international laws, cultural norms, rules and regulations bordering on societal matters including applicable industry standards, corporate group directives on CSR.

208https//corporate.exxonmobil.comaccessed 17 October 2017.

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(b) control and reduce the impact of the company’s activities on people and environment through the implementation of various procedures, risk assessments and management systems in all the company’s operations and projects life cycles.²⁰⁹

2.4.6 Nigeria Liquefied Natural Gas [NLNG] Model

The NLNG claims that it has a sound health, safe and environment [HSE] policy anchored on the need to take proper care of its assets, the health and safety of its assets, the health and safety of its employees and stakeholders, and to give proper regard to the sustainable management of its environment. NLNG works to prevent damage to assets and minimize any negative impact on the environment. This is achieved in the following areas:

(a) Discharges to Water

To comply with regulatory requirements and its HSE policy, NLNG claims to have adopted the principle of minimization through abatement at source for aqueous effluents which have the potential of causing negative impact on the receiving environment; where this is not feasible, end-of-pipe technology is utilized. Periodically, a Post Impact Assessment [PIA] of the recipient water body is carried out to assess the cumulative impact of NLNG’s treated effluents and to confirm that NLNG’s activities are not interacting adversely with the environment.

209 Total E & P Nigeria Limited, TEPNG/ASKS Agreement Performance Report 2010-2012 (Total E & P Nigeria Limited 2013) 14.

62 (b) Sewage Treatment and Disposal

NLNG has dentrification/nitrification biotreater for waste water sewage from the plant. All domestic sewage from the Residential Area is treated in this facility so that only treated clean water flows into the river.

(c) Solid Waste Management

NLNG claims that its waste management strategy complies with the concepts of ‘wastes management hierarchy’ and ‘duty of care’ for both on-site and off-site treatment and disposal activities.

(d) Non-Hazardous Waste

NLNG claims it carries out the incineration of combustible within its facility as the fragile nature of Bonny Island does not allow for the creation of a landfill site.

(e) Hazardous Waste

NLNG clams it is committed to the policy of prevention of harm to people and the environment as well as the promotion of sustainable development. The company therefore ensures the proper management of its hazardous waste using the best practical environmental options after approvals from the Federal and Rivers State Ministries of environment.

(f) Emission to Air

NLNG claims that it adopts minimization through abatement at source. It carries out stack emissions and routine ambient air quality monitoring at identified areas within the plant fence and surrounding communities to ensure that ground level concentrations at the work place and in the nearby settlements do not exceed regulatory tolerance limits for ambient air pollutants.

63 (g) Biodiversity and Nature Conservation

NLNG has established a native park on Bonny Island to preserve the natural environment of its host communities. The site of the park is the natural habitat of salt water Hippopotamus – a rare species in Nigeria, as well as other interesting flora and fauna prevalent in Bonny Island.²¹⁰