How to limit (major) land conflicts: a negotiated approach in the Nigeria delta
Extract from: Christy Adokiye George. 2009. Land tenure and oil compensation schemes: obstacles for gender-sensitive poverty alleviation in the Niger delta. FAO-IFAD-ILO Workshop
1. Oil exploration and land acquisition
The process of oil exploration and exploitation in the Niger Delta involves a number of activities that directly, although differentially, affect the lives of men and women in oil producing communities. This impact is not limited to their physical environment, but also touches their social and economic lives. It defines their relationship with their land as farmers, their swamps, rivers and creeks as fishermen/women, as well as their whole socio-cultural life.[…]
The UNDP (2006:187) report categorised the impacts of oil exploration and exploitation activities as follows: “rapid and uncontrolled urbanization, occupational changes, the loss of fishing grounds, the disappearance of livelihoods and land shortages among others”. For these loses, the oil companies negotiate compensatory measures with communities/individuals affected by their activities. In its negotiations with communities/individuals, the oil companies adhere to laid down practices of their communities of operations, which in the rural Niger Delta is largely based on practices of land tenure system as stipulated by the patriarchal traditional institutions.
The compensation issue is a key factor in the relations between the oil companies and their host communities. It is said to be behind majority of conflicts in the region as the benefits can go a long way to improve one’s financial status, thereby reducing one’s poverty level, if properly utilised.
2. The process of compensation
Although, in line with the Land Use Act, oil companies deal directly with the government in matters of land acquisition and obtaining clearance to commence exploration and exploitation activities, it was discovered that in practice, such clearances are usually not sufficient to grant these companies ‘licence to operate’ in the respective host communities. A parallel process as that carried out at the level of the government is usually initiated between the respective oil companies and their host communities before actual exploration and exploitation activities can be carried out.
[…] At the entrance of oil companies to the oil producing communities, homage is usually paid to the traditional ruler who is informed of the mission of the delegation from the oil company in question. In this first encounter, money is given to him to share to his subjects in the form of public relations gestures. This money is not part of the amount paid for the compensation. Such money is shared according to households in the community through the various heads of the households. Thus every household, irrespective of whether the household’s land is going to be involved in land acquisition or not, benefits from this initial public relations gesture. Due to the extended family system in the communities in question, a household in this case is not restricted to the western concept of family, that is, husband, wife and children; it could include persons linked by the same grand or great grandparents and living in different houses but in close proximity. Such households, depending on the community, may have a chief or a household head, usually a male. Thus, in their dealings with the communities, oil companies’ first group of contact in the oil producing communities are the traditional rulers.
It was also noticed that there were other important groups of contacts such as the community development communities (CDC) and the youths. Whereas the CDC usually discusses general issues regarding the development of the community, the youths, in order not to be left out of this life changing opportunity, contact the oil companies for their own share claiming that what was handed over to the traditional rulers never got to them since it was assumed to be for the elders. At this general level of compensation, the traditional ruler sends his wives to go for their share.
As the oil companies unfold the purpose of their entrance and the location they have discovered as site for their equipment and infrastructure, specific negotiations are then held with the individuals or families involved in the land in question. Negotiations continue with the elders if the land in question is communally owned. At this stage, specific needs of the communities can also be discussed with the chiefs and the community development committees or the community as a whole.
Meanwhile, as individual owners and families of the land in question are being contacted, the process is the same as in the above scenario. A general public relation gesture is made to the individual, the head of family or household. In some communities visited, most of the intra-communal conflicts are said to arise at this stage as various members of the same household come up to make claims for the piece of land in question. Concerning women’s participation, at this stage, not even the royal ‘first ladies’ can participate because they are all landless and therefore not eligible for participating in the process. At best they may have a share of the public relations gestures based on the good will of the male recipient.
When the owner/owners of a piece of land is/are ascertained, inventory is taken of the piece of land. Items of compensatory interest on the piece of land include physical structures such as buildings, shrines, tombs; crops and plants; fish ponds, fishing traps, and fishing nets. Individual owners of such items within the household are contacted and compensated according to fixed rates which are usually negotiable.
In addition to the direct compensation, other compensatory measures are classified under community development and public relations. Under the community relations, oil companies sponsor various development projects ranging from markets, cemetery, health centres, water and electricity.
Negotiations at this stage are usually carried out in the cities, at the offices of the oil companies and are sustained by regular contacts. Persons involved at this stage include, representatives of the oil producing community – these persons could be (1) community members or attorneys acting on behalf of the community, (2) contractors and businessmen from the community, (3) youth groups, (4) traditional rulers and chiefs.
Although the focus of such regular contacts with the oil companies is to follow up on the projects requests made by the communities, other issues like employment of indigenes as unskilled workers or security personnel are also discussed. Furthermore, as a result of such regular visits of these contact persons, other personal relationships are established with staff of the oil companies concerned, such relationships could open up avenues for the discussion of matters of personal interest such as regular contract registration, jobs for children and other relations in the offices of the oil companies.
The above process of negotiation as well as the beneficiaries can be summarily represented as follows:
In addition to compensation for land acquisition, other forms of compensation include:
Oil pollution: Oil companies are required to pay ‘fair and adequate compensation for the disturbance of surface or other rights’ to the owner or occupier of any land or property affected by exploration or production.
Seasonal Swamp: A one-time acquisition is made in this case. Owners of fishing nets and traps are compensated. The loss of use goes to the owner of the trap, net etc, while the loss of temporary and permanent water use is paid to the community.
Post construction damages: Post construction damages are compensations paid to the community due to the blockage of rivers or effects of construction of roads and bridges. Compensation is also paid wherever a pipeline passes.
