Not all oil producing
communities
belong to the Niger Delta in geographical terms and not all communities
in the
Niger Delta region are oil-producing or impacted by oil exploration and
production activities. There is an urgent need to clearly define the
area of
interest (“Niger Delta region” or “Oil Producing Areas”?) in order to
appropriately focus developmental interventions. Currently, there are
various
definitions of the NDR including the following:
•The
area occupied
by the Ijaws, the aboriginal tribe of the
Delta. It
spans the coast of the Bight of Biafra, from the Forcados
River to the Opobo River and upstream to
the
tributaries of the Nun and Forcados
Rivers…is about
10,000 sq. miles…population 2 million”
•The
area from the
bifurcation of the Niger River at Aboh,
bounded in
west by Benin River and east by Imo River; total area put at 25,900 sq.
km by
1997 ERML report, 20,000 sq. km by 1995 World Bank report, between
40,000 and
70,000 by NDES Survey and 112,000 sq. km by the NDDC Regional Plan.
•Political
Definition 1: The 6 states of South-South Geopolitical Zone.
•Political
Definition 2: The 9 NDDC States:112,000 sq. km, 27 million people, 185 LGAs, about 13,329 settlements 94% of which have
populations of less than 5,000.
Suggestion: The term Niger Delta should be restricted
to its
geographical/hydrological definition. The term “Oil Producing Areas or
Territory” should be used instead of “Niger Delta” region in describing
the
area of interest. Thus, the Ministry of Niger Delta should be changed
to
Ministry for the Oil Producing Areas and NDDC should be renamed
“Commission for
the Oil Producing Areas”(COPA
2.A
Clear Definition of Poverty
3.
•A
socio-economic
condition characterized by deprivation or disempowerment or lack of
access or
unequal access to basic socio-economic necessities.
•A
condition in
which a person or community is lacking in the basic needs for a minimum
standard of well-being and life, particularly as a result of a
persistent lack
of income.
•Deprivation
of
those things that determine the quality of life, including food,
clothing,
shelter and safe drinking water, as well as "intangibles" such access
to education, health, basic rights, dignity, and respect.
1.A
Clear Definition of Sustainable Human Development
2.
•“development that meets the needs of the present
without
compromising the ability of future generations to meet their own needs”
Brundtland Commission (1987)
•“Development
that
not only generates economic growth but distributes its benefits
equitably; that
regenerates the environment meets rather than destroys it; that
empowers people
rather than marginalizing them. It gives priority to the poor,
enlarging their
choices and opportunities, and provides for their participation in
decisions
affecting them ---Development that is pro-poor, pro-nature, pro-jobs,
and
pro-women ---growth with employment, growth with environmental
friendliness,
growth with empowerment, and growth with equity” (UNDP Administrator)
4. CurrentState
of the Oil Producing Areas (Niger
Delta)
·“Poor, backward
and neglected”- 1958 Sir Henry Willink
Commission of Inquiry Report which advocated for special attention to
the
region to ensure that it catches up in development with other regions
of the Nigerian
federation. After 50 years, not much has changed! According to
the 2006
UNDP Niger
Delta Human Development Report:
•Poverty
has become a way of lifein the Niger
Delta…
•The
Human Development Index (HDI) scores for the Delta are almost as they
were in the
1992 and 1996 calculations…relative human development situation has
declined
•The
human development situation in Nigeria
as a whole has declined, although the drop off appears to be steeper
for the Niger
Delta
states than for the rest of the country
•Oil
wealth enriches Nigeria
as a country, but it has not alleviated the grinding poverty, neglect
and
deprivation in the region that produces it
•A
critical issue …is not only the increasing incidence of poverty, but
also an
intense feeling among the people that they ought to do better given the
enormous resources flowing from their region
•Social
instability, poor local governance, competition for economic resources
and
environmental degradation have taken a toll.
•The
delta today is a place of frustrated expectations and deep-rooted
mistrust.
•In
spite of the substantial flow of oil money to state and local
governments,
service delivery and development projects have been disappointing.
•Inadequate
infrastructure in the delta is the result of historical neglect
•Bad
governance and corruption have played essential roles in perpetuating
low
levels of human development
•The
Delta could have reached a different (better) outcome had the region’s
wealth
been used judiciously
•The
Niger
Delta faces the prospects of eco-catastrophe (ecological disaster)…The
environmental sustainability of the region has been seriously
compromised by
human activities, including oil and non-oil related activities
5.
Necessary Conditions for Poverty Reduction and Sustainable Human
Development
2.1Peace
and Security
•Steady
deterioration of the situation since the early 1990s; increase in the
number,
types and intensity of conflicts, criminality and general sense of
insecurity;
new dimensions – kidnapping, hostage-taking, wanton destruction of oil
facilities, crude oil theft, militarization, etc.
•FG’s dual responses – physical development
agency
(OMPADEC/NDDC) and military suppression/ campaign/pacification- have
proved
ineffective.
•A
military
“surge” or “counter-insurgency” strategy is counter-productive. What is
required is a more robust response strategy encompassing the underlying
factors
such as poverty reduction, jobs creation for youths, resource control
and
environmental abatement.
•Short-term
solutions include resolution of the resource control issue,
demilitarization,
demobilization and reinsertion, and sustainable job opportunities for
militia
groups and other groups
•Implement
a
program that brings direct benefits of oil production to all the
people, i.e.
direct cash payment through a petroleum wealth dividend fund
•Establish
inclusive peace and security network (PSN) at state and LG levels
throughout
the region and launch a P&S campaign. The PSN should be a
Public-Private
Alliance to promote peace and security and conflict resolution.
•Improve security through improved law
enforcement,
enhanced capability of police (e.g. logistics and improved conditions
of
service); establishment of more humane and reformatory prisons in
remote
locations (e.g. isolated islands), arrest and long-term incarceration
of
criminals in a remote prisons, abolish bail for criminals.
2.2Resolution
of the Resource Control Issue
•“Resource
control” (RC) is more robust than increasing mineral (oil) derivation
percentage.
•“Derivation is
the recognition of a prior beneficial right that was subsequently
expropriated…
the principle of derivation is a form of compensation and /or
reparation for an
expropriated interest. That is why the proviso to section 162(2) of the
1999
Constitution directs that not less than 13 per cent of the revenue
accruing to
the Federation Account directly from any natural resources located in
the state
should be paid to same. On the other hand, resource control is the
desire of
the state to control any natural resource found within its boundaries.
Thus, it
is not being recompensed for anything even though it will be paying tax
to the
centre for its common protection and administration of the federation”.
Given
the political economy of Nigeria,
absolute RC control by state or regional governments is not practicable
at this
time and in the immediate future. What is practicable is to ensure
“joint
ownership” by the federal government and the mineral producing
states/LG/communities. This can be achieved through the allocation of
equity
holding to the state/LG/communities. As equity holders, they can then
participate in the management and control of the mineral business
•There
are three
options to be considered in resolving the RC issue, viz:
i. Abandon
RC in its true sense and increase derivation to
progressively to 50% through either: a) Incremental derivation or b)
Differential-incremental derivation.
ii. Replace
derivation with equity
holding –i.e. allocation of equity to oil-producing state and local
governments.
iii. Combine
derivation and equity holding
In order
to capture the “voices” of the people and ensure a binding decision,
there is
need to conduct a referendum in all the oil-producing areas to adopt
one of the
above options.
5.2.1.
Mathematical Model
for Incremental and Differential-Incremental Derivation
GOR = Oil
Revenue accruing to the
federation account; COGX = Revenue from sale of crude oil
DCOS =
Domestic Crude Oil Sales; PPT =
Petroleum Profits Tax; ROY
= Royalties and Rents
AP = Average
price of crude oil; D =
Deductions; JVCC = Joint Venture Cash Calls; EDS = External Debt
Service; NOR =
Net oil revenue; MOD = Oil Derivation Fund
Incremental
Derivation:
Increase
oil derivation percentage from 13% to 20% in 2009, and subsequently on
an
incremental basis (5% point p.a.) to 50% by 2015.
Year
2008
2009
2010
2011
2012
2013
2014
2015
% Derivation to Oil Producing State and LGs
13
20
25
30
35
40
45
50
Differential-Incremental
Derivation
Apply
different derivation percentages to the various components of oil
revenue -
crude oil/gas exports (COGX), domestic crude oil sales (DCOS),
petroleum profits
tax (PPT), royalties (ROY) and “other” oil revenue (OOR). The FG should
get the
bulk of PPT, COGX, DCOS and OOR. On the other hand, the oil-producing
state and
local governments should get that the bulk of royalties (ROY). To
ensure
gradual adjustment, the percentages should be increased incrementally.
Derivation Accruable to Oil Producing State
& LGs
2009
2010
2011
2012
2013
2014
2015
% COGX
5
9
13
17
20
23
25
% DCOS
5
9
13
17
20
23
25
% PPT
5
9
13
17
20
23
25
% ROY
50
60
70
80
90
95
100
% OR
5
9
13
17
20
23
25
5.2.3Establish A Petroleum
Heritage Trust Fund (PHTF) for Oil Producing Areas
•50%
of the
allocation to PHTF will be prudently invested in the stocks, bonds,
other
financial assets and real estate to yield income
•50%
of the
allocation to PHTF (plus 50% of income from investment) will accrue to aPetroleum Dividend
Fund which will be distributed (as direct cash payment) to all eligible
resident (and registered) indigenes of oil-producing LGAs
on an annual basis (similar Alaska Petroleum Dividend Fund )
5.2.4Establish Agency for Development of the
Oil-Producing Area (ADOPA) to replace NDDC
The ADOPA will focus on
job
creation, sustainable livelihoods and limited physical development
programs.
5.2.5
Distribution of the
Derivation Fund and Funding of PHTF and ADPA
The (Incremental)
Oil Derivation
Fund should be allocated among the oil producing state and local
governments as
well as the PHTF and ADOPA as follows:
Year
2009
2010
2011
2012
2013
2014
2015
%Derivation
20
25
30
35
40
45
50
% to Sate Govts
10
11
12
13
14
15
16
% to Local Govts
5
6
7
8
9
10
11
% to PHTF
2
3
4
5
6
7
8
% to ADOPA
3
5
7
9
11
13
15
5.2.6 Adopt
Equity Participation in the Oil Industry by Oil Producing States and LGs
·Review
the JOA
arrangements to allocating “equity” in the oil JVs to oil producing
state and
local governments as follows:
a)30%
to the FG (or begin from 50% declining gradually to 30% over a period
of say 10
years)
b)30%
to oil companies(declining
gradually from the current 43% to 30% over a 5 years)
c)20%
to oil producing State Govts allocated by
a weighted
average of current and past hydrocarbon production, current reserves
and value
of oil producing assets (or begin from 5% increasing gradually to 20%
over a
period of a period of say 10 years)
d)20%
to oil producing Local Govts allocated by
a weighted
average of current and past hydrocarbon production, current reserves
and value
of oil producing assets (or begin from 2% increasing gradually to 20%
over a
period of a period of say 10 years)
•The
above
percentages can be varied. The implication of the above is that the FG,
SG and
LG will participate in sharing the costs and benefits of the JV
operations in
the above proportion. The benefits of the PSC will be shared in the
same
production.
•This
arrangement
will ensure “stakeholding” by oil-producing
State and
Local Govts. Thus if there is disruption
in oil
production in a State/LGA, their benefits will decline because of the
decline
in their share in total production.
•This
will also
enable State and Local Govts to appoint
their
representatives into the Boards and top management positions of oil
companies
and influence (or “control”) their activities.
•Even
if Federal
Government converts all its JV into corporations (as speculated) this
proposal
is still valid.
5.2.7
Combine Derivation and Equity Participation
•Allocate
equity to SGs
and LGs as follows: FG, 40%; Oil
Companies, 30%; SGs, 15%, LGs 10%
•Apply
25% Derivation to Oil Revenue, i.e.
allocate 25% of oil revenue to oil producing states and local govts
3.3
Ensuring Good Governance
•Design and implement an
anti-corruption strategy
and set up systems to ensure good governance.
•Establish independent state
anti-corruption
agencies manned by people of integrity (not political appointees)
•Transfer
all
ill-gotten assets and money recovered from corrupt officials to
petroleum
heritage trust fund (PHTF)
•Implement
an
effective political reform program including political education,
improved
electoral system and a return to IBB’s2-party system and
“option A4” voting system (queuing)
•Build
institutional capacity building at the state and LG levels
•Remove
LGs from federal revenue allocation. SG
should fund their LGs.
•Establish
Government Accountability Offices; independent auditing of govt
accounts and publication; transparent, open and competitive tendering
system
•Initiate
a Good
Governance campaign byCSO that will demand good governance and monitor officials
•Pass
the Free of
Information (FOI) and Protection of Whistleblowers legislation
5.4.
Adopt a Sustainable Livelihoods Strategy in the Oil Producing Areas,
including:
•Diversification
and
reduced dependency on oil and related activities
•Jobs
creation and
productive employment
•Focus
on the
informal sector, small and medium enterprises, and micro-finance
•Functional
literacy and Skills training, especially for youth and women
•Revitalization
of
agriculture and agro-based industries
•Improved
access
to education, health, watsan, electricity
•Launch
“Make
Poverty History” campaign
5.5.
Coordination of Developmental Interventions
•Ensure
effective independent monitoring and
evaluation of all developmental projects. Establish an independent
M&E body
and systems.
•Publication
of projects by all agencies – FG,
SG, LG, NDDC and companies
•Quarterly
joint coordination meetings in each
state
•Delineation/allocation
of projects to agencies
•Avoid
or minimize project duplications
•Revitalize
the “Blueprint initiative” and
Annual Stakeholders Meetings of Shell
Appendix
Alaska
Permanent Fund
•A
dedicated
fund owned by the State of Alaska:established in 1976 through a
constitutional amendment approved by Alaskan voters
•Fund
Law:
“At least 25 percent of all mineral lease rentals, royalties, royalty
sales
proceeds, federal mineral revenue-sharing payments and bonuses received
by the
state be placed in a permanent fund, the principal of which may only be
used
for income-producing investments."
•Comprised of income-producing investments: The
Fund is fully
invested in the capital markets, diversified among various asset
classes.
It generates income from these investments
•Used
for both
savings and spending: Realized earnings consist of stock
dividends,
bond interest, real estate rent and the income made or
lost by the
sale of any of these investment assets. Unrealized earnings
- those
resulting from the change in market value of assets that are held
- cannot
be spent. Most spending from the Fund has been for dividends
to qualified Alaska
residents.
The Permanent Fund
Dividend Division (a
separate entity from the APFC) operates the PFD program,
which the Legislature established in 1980.
•The
2007 Dividend
Amount was $1,654 – paid to every eligible Alaskan.
•As
at May 28, 2008, TOTAL FUND MARKET Value$39.21 billion including US Bonds
$9.36b; Non-US Bonds $1,27b; US Stocks $10,59b,000;Non-US Stocks $5,36b; Global Stocks $5,64b;
Real Estate$4,24b; Alternative $2,5b; Alaska CDs$241m