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Non-judicial Remedies: Non-judicial Remedies: Learning Lessons from Learning Lessons from

Chevron’s GMOU Chevron’s GMOU RenegotiationRenegotiation

ByByAustin OnuohaAustin Onuoha

Executive DirectorExecutive DirectorAfrica Centre for Corporate ResponsibilityAfrica Centre for Corporate Responsibility

(ACCR), Warri, Nigeria(ACCR), Warri, Nigeria

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Guiding questionGuiding question

When people are in When people are in distress, what are the distress, what are the avenues for redress?avenues for redress?

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BackgroundBackground: Global Memorandum : Global Memorandum Of Understanding (GMOU)Of Understanding (GMOU)

Started in 2004/5Started in 2004/5 In 5 states of the Niger DeltaIn 5 states of the Niger Delta 425 Communities425 Communities 850,000 population850,000 population Was to address Was to address “production “production

disruption and ‘unsustainability’ of disruption and ‘unsustainability’ of previous community engagement previous community engagement initiatives”initiatives”

It was a flexible processIt was a flexible process

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Comparison between old & NewComparison between old & New

Old MOUOld MOU MOU signed with MOU signed with

one communityone community No governance No governance

structurestructure No partnershipNo partnership ExclusiveExclusive Ad hocAd hoc Task & target Task & target

approachapproach

New GMOUNew GMOU MOU signed with a MOU signed with a

cluster of cluster of communitiescommunities

Strong governance Strong governance structurestructure

Participatory Participatory partnershippartnership

InclusiveInclusive Long term & Long term &

sustainablesustainable Principles-drivenPrinciples-driven

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Lessons from the RenegotiationLessons from the Renegotiation

GMOU not legally bindingGMOU not legally binding Extensive use of Early Warning & Conflict Extensive use of Early Warning & Conflict

Prevention ToolsPrevention Tools Many people were involvedMany people were involved Built the capacity of stakeholdersBuilt the capacity of stakeholders Carried out amendments where necessaryCarried out amendments where necessary Renegotiation was process-driven- Renegotiation was process-driven-

conception, initiation, negotiation, conception, initiation, negotiation, implementation & evaluationimplementation & evaluation

Multiple levels for seeking redressMultiple levels for seeking redress Widely publicized as a strategy to address Widely publicized as a strategy to address

the findings of the evaluationthe findings of the evaluation

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What to look out for in What to look out for in operationalizationoperationalization

Is the provision for non-judicial Is the provision for non-judicial remedy explicit?remedy explicit?

Are the people aware of the Are the people aware of the existence of the mechanism?existence of the mechanism?

Has the body been constituted?Has the body been constituted? Are the parties using it?Are the parties using it? Have the personnel been trained?Have the personnel been trained? Have their performance been Have their performance been

evaluated?evaluated?

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““operationalization” contdoperationalization” contd..

Is the mechanism clear about roles & Is the mechanism clear about roles & responsibilities?responsibilities?

Are there other mechanisms- Are there other mechanisms- provision provision for appealfor appeal??

Is the emphasis on participatory Is the emphasis on participatory partnership or ………? partnership or ………?

Is the roll-out process open and Is the roll-out process open and transparent?transparent?

What principles and values does it What principles and values does it encapsulate?encapsulate?

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One Final ThoughtOne Final Thought

““In discussing the GMOU and their In discussing the GMOU and their Community Engagement Process, Community Engagement Process, Chevron Nigeria no longer talks about Chevron Nigeria no longer talks about figuresfigures but about inclusiveness, but about inclusiveness, capacity, cost-effective/efficient capacity, cost-effective/efficient project delivery, zero-tolerance for project delivery, zero-tolerance for corruption, gender-sensitivity, corruption, gender-sensitivity, community responsibility, community responsibility, development and participation”development and participation”