INTRODUCTION The major challenge facing conflict resolution and sustainable development efforts in the Niger Delta is how to convince the average citizen why he /she should allow and encourage oil exploration and production in the region when it would mean a certain limitation of his/her rights to self determination and environmental purity. For governments through out her history, value reorientation padded with carrots is the answer in face of mounting conflicts but it barely scratches the surface and such strategies have left wider wounds inflicted on the region.
Today with militancy growing from mere demonstrations to throwing stones down to the present era of blowing pipelines,the time has come to review the present approach to conflict resolution in the region in order to build sustainable peace and development. It is important we go back to drawing boards,and evolve a process of dialogue not by militants and government as presently appear to be the case but with civil society,and all other stakeholders. The mere process of working out a way becomes the necessary mobilization and educational input vital for sustainable development of the coming era. It also becomes the necessary value orientation ,capacity building and structural reforms needed to sustain a new Democratic Nigeria. It is because these targeted exercise has been lacking that brings such despondency that calls up separatism as a viable option.
We should know by now that the resolving the Niger Delta question can resolve the wider Nigerian problem even faster. This is a truism because the Niger Delta remains the economic backbone of Nigeria. At least seventy percent of the nations GDP comes from crude oil sales. To this end,the influence of the industry over livelihood of the people is so high that literally we have moved from our rural areas into cities to live the oil mode of life. Look at the trend since 1970 and you do not need to be a researcher to know that the oil boom has also taken away our agrarian lifestyle as well as productivity and brought us to the monthly revenue sharing culture. What it means is that we can correct whatever is “corrupt ” in the Nigerian lifestyle by bringing justice and equity into the resolution of the Niger Delta question as well as the management and handling of our oil resources.
So if you want a Democratic Nigeria,then bring about a democratic Niger Delta. If you are yearning for transparency,then be transparent in handling oil resources. As soon as justice and equity takes root in the Niger Delta,militancy will be a thing of the past. After all it was so at the beginning when such conditions existed during colonial times. You cannot bring equity by disregarding history. This unsavoury trend I have watched in Nigeria with dismay. Look at it closely. All documentary evidence that Nigeria existed beyond military advent are being systematically destroyed. Where is Daily Times newspaper? What of the National archives? Where are research and development arms of Nigerian Ministries? Any where there is record is attacked and destroyed so that no one can cite them. So it is with the Niger Delta question. I remember the loads of conferences ,Seminars ,workshops already conducted with valid solutions but where are they today?
It was in Brass about 2009 that the warning was given that the carrot approach to solving the Niger Delta question can only breed bigger militancy when the next round of negotiating begins. Despite Amnesty militancy is increasing and as we speak more groups are emerging. Yet the problem is so simple to solve but no one wants to understand that basic rights are what is needed to be guaranteed to the Niger Delta man and woman,commensurate with what you do to other Nigerians and he or she will discharge his God given duties to protect National wealth when it also becomes his wealth.
WHY RIGHTS MATTER
To further explain why preservation of rights is central to the resolution of the Niger Delta question, let us understand human nature itself. Human nature because it is what precedes community and nationhood. The various levels of development begins with the individual then extends to the group. Success of the individual translates to those of the group. So let us examine the nature of the individual as a critical step to understanding the group and nation.
Man was created by God to fulfil his purpose on earth. Like every true leader , the Creator had to empower man to do his bidding. Remember that He is the true Landlord here. So man was born only into that soil that will help him establish the basic requirements for his ultimate role. So man is born into a place ,into a property he can through exploring his inherent talents will become his springboard to success. The property gives him food and shelter. In most communities,everyone has a piece of land to his name either provided by inheritance or later by community where land is communally owned and administered. The basis of belonging to the community is being an individual. So the individual ,the person has to have property to help fulfill his mission or at least nurture it at early stages of life. It is one of the most important of human rights in development studies. Now coming to the Niger Delta question,this is why granting of rights to property is the easiest way to reach the people at once and the best Amnesty anyone can grant them now.
Rights cannot be given partially except where it was given by individual consent. It is true that belonging to a State has its own obligations but it derives from individually given convent. Yes you can argue that we the people gave certain level of rights at Independence to build a nation,yes but fundamental human rights are never given away without the harm to the individual,community and nation in terms of sustainable development and psychological balance. To further protect these rights from being limited by the various nation States the United Nations has established declarations and commissions to get the States collective consent and so most constitutions begin with commitment to their preservation. The Global body knows that the whole idea of a State is indeed to make man human,to further his welfare,and this is achieved by preserving his rights not by taking them away. This is also why these rights are never really suspended even when coups happen because it may indeed results on the long run in the suspension of the State. On the strength of the above, therefore,those who want to develop the Niger Delta,and stop current conflicts do not have to share food or carrots as they say or even money to militant or jobless youths but just give them right over their ancestral land. This right to property will immediately make them responsible citizens overnight for they have indeed something to care for. It will give them jobs where they have comparative advantage. It will give them a sense of belonging and responsibility.
As you respect their right to property,you develop a community of citizens who are committed to the State. Now you can demand from them their obligations to the State as agreed to by their forefathers and fathers and they are bound to accept it. Yes you have oil in your land but the State has invested to tap it into usable commodity at high cost to the tax payer and therefore this is your obligation to the State. To cover the cost of developing your oil well over the years,the State will retain 90℅ of proceeds for the next 50 years. After which we shall sit down with your lawyers to renegotiate based on prevailing situation. From your 10℅ you are obligated to perform social responsibility to your community to protect oil exploration and development. Congratulations. And the Niger Delta question is resolved. To further explain why preservation of rights is central to the resolution of the Niger Delta question, let us understand human nature itself.Human nature because it is what precedes community and nationhood. The various levels of development begins with the individual then extends to the group. Success of the individual translates to those if the group. So let us examine the nature of the individual as a critical step to understanding the group and nation. Man was created by God to fulfil his purpose on earth. Like every true leader.the Creator had to empower man to do his bidding. Remember that He is the true Landlord here. So man was born only into that soil that will help him establish the basic requirements for his ultimate role. So man is born into a place ,into a property he can through exploring his inherent talents will become his springboard to success. The property gives him food and shelter. In most communities,everyone has a piece of land to his name either provided by inheritance or later by community where land is communually owned and administered. The basis of belonging to the community is being an individual. So the individual ,the person has to have property to help fulfill his mission or at least nurture it at early stages of life. It is the one of the most important of human rights in development studies. Now coming to the Niger Delta question,thus is why granting of rights to property is the easiest way to reach the people at once and the best Amnesty anyone can grant them now.
Rights cannot be given partially except where it was given by individual consent.It is that belonging to a State has its own obligations but it derives from individually given convent. Yes you can argue that we the people gave these rights at Independence to build a nation,yes but fundamental human rights are never given away without the harm to the individual,community and nation in terms of sustainabledevelopment and psychological balance. To further protect these rights from being limited by the various nation States the United Nations has established declarations and commissions to get the States collective consent and so most constitutions begin with commitment to their preservation. The Global body knows that the whole idea of a State is indeed to make man human,to further his welfare,and this is achieved by preserving his rights not by taking them away. This us also why these rights are never really suspended even when coups happen because it may indeed results on the long run in the suspension of the State.
On the strength of the above, therefore,those who want to develop the Niger Delta,and stop current conflicts do not have to share food or carrots as they say or even money to militant or jobless youths but just give them right over their ancestral land. This right to property will immediately make them responsible citizens overnight for they have indeed something to care for. It will give them jobs where they have comparative advantage. It will give them a sense if belonging and responsibility.
As you respect their right to property,you develop a community of citizens who are committed to the State. Now you can demand from them their obligatuons to the State as agreed to by their forefathers and fathers and they are bound to accept it. Yes you have oil in your land but the State has invested to tap it into useable commodity at high cost to the tax payer and therefore this is your obligation to the State. To cover the cost of developing your oil well over the years,the State will retain 90℅ of proceeds for the next 50 years. After which we shall sit down with your lawyers to renegotiate based on prevailing situation. From your 10℅ you are obligated to perform social responsibility to your community to protect oil exploration and development. Congratulations. And the Niger Delta question is resolved.
FRAMEWORK FOR THE RESTORATION OF RIGHTS IN THE NIGER DELTA REGION.
Earlier we have established in this write up that Restoration of rights is central to the sustainable development in the Niger Delta Region. To implement this desirable solution we need to get beyond obstacles on the way.
APPROACH TO RESTORATION OF RIGHTS
What is it that restricts the full exercise of rights of the Niger Delta compared to those of other Nigerians. By the way when we mean rights we are talking of rights to property,life,religion political participation as enshrined in the Millennium Goals,United Nations Charter for Human Rights,African Union etc. We have identified such the 1978 Land Use Decree which has become Act of the National Assembly; Petroleum decrees now also Acts of the National Assembly.Well how are they impediments to rights of the Niger Delta people? Simply because it allows the State to claim ownership of land in a discriminatory manner. While the law can stop the Niger Deltan from owning land with oil deposits it may allow the man up north to lay claim to land with Solid Minerals. While the Petroleum Acts prevent the Niger Deltan from miming from such land,there is no such active restriction to exploiting Solid Minerals by individuals. So a bill placed before the National Assembly to abroagate these discriminatory laws will be a good first step.
CONDITIONS FOR REPEAL OF THESE LAWS
In line with creating a win- win situation,these laws can be repealedwhen some conditions are accepted by the stakeholders.
1.That Niger Deltans subscribe and support the existence of one Nigeria as a Federal Republic and accept to fulfill all obligations and responsibilities due her.
2. That oil exploration and production with all present arrangements leading to the maintainance of present OPEC production quota will NIR be changed with repeal of these laws.
3. That all international obligations entered into by Nigeria will continue to be respected.
RESTORING EQUITY AND RIGHTS
Having ensured that oil production and business is not affected by the new proposals we make here because then it would affect the bottom line for every stakeholder, the big question remains how we arrive at our object of desire better life for the people as well as stable oil supply for Nigeria.
We need work put a structure that helps us determine consent by individuals and communities.Government can set up a Committee to accept and verify claims to land by individuals and communities.Original owners at the lands dating back to pre oil boom years and new purchasers will have some duties and obligations under this framework. Having restored rights to Land does not automatically confer on you the ownership of flow stations. You still have to enter into negotiations with those who control the production investments whether Federal or private. The investments will be quantified to establish their value and consider out put and depreciation over the years. The land itself will be quantified and then we can arrive at an acceptable value and percentage of entitlement.
As the individual and group claims come in each case will be treated on merit. Let’s consider one example. A man from Bonny where family land was acquired for a flow station in 1969. In this transaction the mans father was forced by the circumstances prevailing to enter a Memorandum of Understanding after a violent protest against the oil company.
Meanwhile come 2016 with the repeaof the Land Use and Petroleum Acts,applies for the return of his fathers property now bequited to him. The application is considered by the panel of reputable specialists and stakeholders set up by government on the issue. Meanwhile the man is made to sign a paper containing the three conditions for return of this property and repeal of the laws as earlier agreed to in principles. It States that he recognises the Federal Government of Nigeria and pays his full allegiance. It also assures that he respects what the oil companies are doing and will not disrupt it and that he supports and respects Nigeria’s international obligations especially in this regards. Later on it was established that the land belongs wholy to the family as claimed and now hosts a flow station with production capacity for 100,000 barrels per day. The flow station has experienced oil spills and the nearby stream is polluted while the adjourning forest is degraded as a result. At the present cost of $50 per barrel,the Flow Station is worth $5 million daily.
But that is just a part of the story. There ate other obligations to be worked out. For instance the NNPC joint venture agreement with the oil firm allocates presently 60% of prodution value to the Federal Government with 40% to the investing oil company. So the company retains only 40% while the Federal government by this repeal hands over its 60% to the new land owner. The Federal Government also passes its obligations to the new owner pending the payment of appropriate taxes to States and local governments as well as corporate responsibility at community level. In essence since the new owner is not changing present obligations but commits fully to them,then the Federal government can make deductions legally binding on the new owner at source. Let us conjecture that all these deductions come to 50% of the 60 % retained by the new owner so $1.5 million per day is retained by owner. Out of this money another deduction is required to fund existing multilateral Federal commitments at State and Local Government levels such as the Poverty Reduction component of the revised Millennium Development Goals,NDDC,Niger Delta Ministry etc. From present budgetary quotas,another $1million leaving just $0.5 million per day income for the new owner.
As a new owner with income of $0.5 daily,the obligations continue. He has still to help cleanup of degraded environment,stop spills and make the host community happy through supporting financially community development projects and programmes. Also he can make deposits of certain amounts into the coffers of the oil company enable him purchase controlling shares were he to be interested in total ownership of the oil production and exploration investment.
So with the foregoing it may well mean that the land owner retains just 5% of profit from his new oil well and in going through the negotiations is better educated and trained to take responsibility of his life and better protect his property and environment to ensure sustainable developnent in the Niger Delta Region.
SUMMARY
In sum,Youth restiveness can be successfully tacked by understanding the very nature of man and allowing fundamental human rights already accepted in the Nigerian Constitution of 1999 to take effect evenly throughout Nigeria. The most important of these rights is the right to property and land. These rights were abridged in the Niger Delta through the instrumentality of the Land Use and the Petroleum Acts in the Niger Delta. Restoring these rights will overnight ensure that these Nigerian citizens obtain equity and are not displaced in their own land. It brings instant psychological balance needed to contribute meaningfully to nation building and sustainable development of the Region and indeed Nigeria.
Written by Nwokedi Nworisara.
