Biannual Progress Report: July-December 2022
In 2020, Stakeholder Democracy Network (SDN) and Centre for Environment, Human Rights and Development (CEHRD) commenced the Independent Civil Society Monitoring of the Ogoniland Cleanup project with support from the Netherlands Ministry of Foreign Affairs, and working in partnership with a range of civil society organisations and activists in the region. Via a network of trained monitors from civil society, we are regularly gathering a range of data to track the progress of a large-scale oil pollution clean-up and associated projects in Ogoniland, Rivers State, Nigeria, conducted by a project of the Ministry of Environment: the Hydrocarbon Pollution Remediation Project (HYPREP). Our project runs from 2020 to the end of 2024.
This is the fourth biannual monitoring report of the Independent Civil Society Monitoring of the Ogoniland Clean-up project. It presents data collected from July to December 2022 by a network of trained civil society representatives who act as the project monitors.
Key Messages from this report
- The completion of the first phase of the clean-up at ‘simple’ sites is considerably delayed. These sites were scheduled to be completed in 2022. Contractors report they have completed clean-up at 47 out of 50 ‘simple’ sites. Of these, only 26 sites have been government-certified as complete. Of these 26 lots, 10 lots were certified within this reporting period covering July to December 2022.
- Presently, HYPREP report that they have commenced the process of recategorising a small number of simple sites to medium or high-risk sites, due to the presence of crude oil on the groundwater.
- During the reporting period we collected nearly 600 soil and water samples from 21 lots. Of the samples collected, 19% had Total Petroleum Hydrocarbon (TPH) levels that exceeded the target thresholds established by NOSDRA for closing out lots. Only 6 of the 21 lots that were assessed during the period did not exceed thresholds and therefore met the statutory requirement for close-out, meaning 15 of the assessed lots had at least one sample that exceeded the target thresholds. We recommended that these sites should be subjected to corrective actions and post-monitoring processes accordingly to ensure that they meet the recommended TPH requirements for close-out and certification.
- Twelve of the lots at which samples were taken were reassessments of sites that had already undergone corrective and post-monitoring action. Only half of these met the requirements for close-out. Appropriate corrective and post-monitoring actions should be applied for the last time on the remaining lots marked for reassessments, and if the exceedances persist, the affected lots should be reclassified as ‘Simple medium-risk’ or ‘complex’ sites, so that they can be effectively remediated in compliance with UNEP recommendations.
- The level of community awareness of HYPREP activities has improved since our last report, possibly as a result of better engagement between HYPREP leadership and the Ogoni communities during the reporting period. Although levels of community satisfaction with HYPREP have improved, dissatisfaction in communities continues in relation to the poor quality of works undertaken by some contractors, modest employment opportunities offered by the clean-up (e.g., low pay in clean-up jobs), and inadequate management of complaints and conflicts arising from the clean-up.
- The delivery of emergency measures (provision of clean water and the development of a health registry) continues to move slowly. Only one out of six water schemes is operational, with the other five failing to be completed on time or on budget (due largely to poorly crafted contract documents). Also, there are no established health registries, nor any clear timeline for delivering on this. However, during the reporting period, HYPREP are set to commence construction of a specialist hospital in Ogoniland as part of the effort to address the health issues associated with the long-term exposure of people to oil pollution.
- The process of setting up the Centre of Excellence for Environmental Remediation (CEER) and the Integrated Contaminated Soil Management Centre (ICSMC) has been generally slow and we encourage HYPREP to expedite action to establish of these facilities. However, some progress was made within the reporting period: line clearance, perimeter survey and beaconing activities were completed, and the enumeration of crops and trees of economic value on the donated land is ongoing. The federal government has approved a contract for the architectural design of the CEER and approval to carry out an environmental impact assessment (EIA) for its construction has been granted.
- The management of topsoil and subsoil during soil excavation, treatment at biocell, and backfilling continued to be a challenge in the remediation process. As a result, there is a poor revegetation process in most of the remediated lots. The remediation techniques should be reviewed and improved upon to correct this shortfall.
- During the reporting period, the bidding process for ‘simple medium-risk’ sites was completed. More details on the ‘simple medium-risk’ sites will be reported in our next biannual report covering our monitoring findings from January to June 2023.