ANALYSIS OF THE MEASURES TAKEN FOR THE PREVENTION OF OIL POLLUTION FROM SHIPS AND OIL COMPANIES [TAKING A CASE STUDY FROM WEST AFRICAN WATERWAYS]

LITERATURE REVIEW
INTRODUCTION
Pollution is said to be the presence of matter or energy whose nature, location or quantity causes damage to the environment as well as humans. Ships and oil companies cause pollution in different kind of ways such as the discharge of ballast water and oil into the sea, emission of NOX and SOX, improper disposition of sewage and garbage and the discharge of noxious liquid substances into the sea.
All shipping companies have a role to play in preventing pollution and reducing release of harmful substances into the environment. Pollution has greatly degenerated the ecosystem in the marine environment and such measures needs to be put in place to eliminate or control it, mostly especially oil pollution which this dissertation is about.
Oil pollution has been a great challenge in the maritime sector especially in West Africa. Despite efforts from international regulations that provides laws that governs oil pollution globally, West African countries are still faced with oil pollution and this has affected our ecosystem and the day to day lives of the West African people. Oil spill has been one of the leading environmental issues that West Africans are faced with the beginning of the first petroleum industry within the Niger Delta area in West Africa. This spills have caused harmful effects in the West African environment as a result of their frequent occurrence in this regions. The oil spill and governance in oil exploration has also resulted in regional crisis in West Africa due to the fact that oil companies and government lack maintenance culture and lacks a good relationship with the local people in the regions they explore, this has resulted in corrosion of oil pipelines and tanks, sabotage and inadequate care in oil production.
HISTORICAL CONTEXT
The exploration of oil started as far back in 1956 in West Africa, when oil was discovered in a small hamlet in the southern part of Nigeria called Oloibiri, by shell British petroleum now Royal Dutch shell. By 1958 commercial exploration of oil began and over the year’s companies such as Texaco, Agip, Chevron, Total, Exxon-mobile and the Royal Dutch shell have all been working in West Africa. According to the Nigeria country analysis brief, there are 606 oil fields in the Niger delta, 246 of that in offshore and 360 onshore. Ghana also have about 10 oil wells at the moment.
In the Niger Delta area of Nigeria, an estimate of about 7000 spills have occurred between 1970 and 2000, 21% of which are as a result of oil production operations,50% caused by corrosion of pipelines and tankers,28% due to sabotage and 1% as a result of non-functional operation equipment’s,[Ngoran, 2011].
IMPACT OF OIL POLLUTION IN NIGERIA
Oil company’s activities in Niger Delta Area of Nigeria includes massive dynamiting for geological excavations, surveying and clearing of seismic lines. The shooting of dynamites has destabilized our environment thereby causing reduction in the fertility of plants because of the reduction in the penetration of light that caused increase in turbidity and block the filter feeding in fauna. It has led to the death of fishes and other aquatic organisms and cause a lot of harmful effect in our environment [ Zabbey, 2004]
The habitat area has been reduced as a result of oil and gas pipelines that are buried deep in the mangrove and rainforests of the rich ecosystem and breathing of our plants as been distorted due to the occasional clearing of pipelines tracks that segregates the natural population. The Niger Delta has been the major area in Nigeria were oil and gas production and exploration takes place. The oil produced in this region constitutes about 90% of the economy and this same oil as destroyed the region due to series of oil spills that has routinely occurred over the years. The oil enter into the environment in a number of ways including discharges from ships and refineries, tank accidents , rapturing and leakage of pipelines and through biogenic hydrocarbon source’s.
According to [Dublin- Green et al, 1998, 5334 cases of crude oil spillage was reported and about 2.8million barrels of oil has been released between 1976 and 1997 into coastal areas, estuaries and on land in Nigeria. This incidents all occurred in the mangrove swamp area which is the most productive ecosystem with very rich flora and fauna. It is very important to know that, a good number of oil spills in this region were not put on record neither were they cleaned because they were tagged minor incidents and the inhabitants were not compensated for the damaged properties. The major recorded cases in the petroleum industry are, the Oshika pipeline spillage 1993, the Goi trans Niger pipeline oil spill 2004, the Bomu II blowout 1970, the Funiwa 5oil blowout 1980, the Forcados terminal spillage 1980, the Oyakana pipeline spillage 1980 and the Okoma pipeline spillage 1995.
The effects of oil pollution on the environment are composed of variety of elements that affects the lifes of plants, animals and interfaces with functioning of their organ systems and creates conditions that are not favourable for life and the environment as a whole. For instance the suffocation of some aquatic systems is as a result of oxygen not penetrating into water bodies due to the fact that the water surface contains oil. The transience of plants, animals and other sub-lethal damages are as a result of toxic components that are contained in crude oil. The extent poisonous nature of the damage caused by oil depends on factors such as the type of crude oil, the type of environment, level of contamination and the degree of sensitivity of individual organisms.
Gas leakage and fire incidents are factors that can cause severe damage to the environment during transporting and production of gas. For instance, the Nigerian Liquefied Natural Gas [NLNG] pipeline passing through okrika and Kala- Akama leaked and there was fire that burnt for days and it was so severe and uncontrollable. The incident destroyed the environment and plants and animals were killed. [Zabbey, 2006 – Write a paper; Professional research paper writing service – Best essay writers].
There was also a case were the hippopotami that is known to be a great and giant animal vanished from the Bonny area of Nigeria when NLNG gas and oil pipeline was constructed in the region, [Ayuba, 2014: 2024 – Essay Writing Service. Custom Essay Services Cheap]. No one could tell if the great animal and its generation died or migrated far away due to NLNG activities , but whatever the case it is known that wildlife encounter series of ecological catastrophe when faced with distance of this nature. Situation such as this one leads to the killing of whole population of species and animals which have limited distribution.
The flaring of gas during oil production also has negative effect on our natural ecosystem in the Niger Delta as it contains about 300 toxins
According to a study of the impacts of gas flaring on the environment in Nigeria which was done by the climate justice programme UK [ CLP, 2005] and Environmental Rights Action [ERA] Nigeria, shows the extent of damage done to the crops and environment in areas gas flared. Their findings revealed that there was a 100% loss in yield of crops that was cultivated about 200metres away from the Izombe station, 45% loss of those 600metres away and 10% loss in yield for crops that were one kilometre away from the area. [Okezie and Okeke 1987}.
IMPACT OF OIL POLLUTION IN GHANA
Oil was discovered in 2007 in Ghana and by 2011 license was issued to different companies to explore in regions such as the Jomoro, Nzema East and Sharma and even with small reserves the estimated revenue the oil would bring to the country was said to be about $1 billion per annum, [ Enweani et al, 2013].
According to a report on oil exploration in Ghana, oil pollution as affected the local people and the environment negatively by exposing the environment to gas flaring, oil leaks and deforestation as new routes are been created on a daily basis in other to access other areas. The oil as resulted in cultural, aquatic, terrestrial, atmospheric, human and socio-economic impacts in Ghana, [UNCTAD, 2007].
The local people in regions such as Abuesi, Sekondi-Takoradi whose occupation is fishing seas the oil in Ghana as a blessing for national treasuries and oil companies but a curse for the native people as the activities of offshore drilling and spills are gradually damaging the communities and fisheries, [Yamoah, 2013]. They fear larger spills will damage the environment completely,as there are no laid procedures and equipments to ckean even the smallest amount of oil spill in the region. For instance the fishermen experienced an oil slick that floated to their shores from the Jubilee oil field which is 60km off the coast of Ghana, the spill destroyed the beaches of the many communities in the area. They reported this incident to the authorities and the shipping companies,but they acted like nothing happened in the region. There was no official clean up done and as such the local communities were faced with the mess and were forced to clean it themselves. This incident as made the residents of coastal areas doubt the government, as the government lack measures to support this communities that relies on fishing to survive. No form of compensation or funds has been set aside for the over 2million people that relies on fishing to survive, [Badgley 2014: 2024 – Essay Writing Service. Custom Essay Services Cheap].
The activities of the oil companies in the region such as the Nzema East as resulted in the local people facing a number of health challenges. In March 2011, the fishermen in the coastal areas developed reddened eyes and rashes in their skin due to the fact that too much gas was flared in the region,[Musiime, 2014: 2024 – Essay Writing Service. Custom Essay Services Cheap]. Gas flaring cause more damage in areas as toxic gases are transferred via the wind even the roofs of the houses contaminating rain water that some inhabitants drink,[Mevuta 2013]

FAILURE OF GOVERNMENT AND OIL COMPANIES IN IMPLEMENTING SUSTAINABLE DEVELOPMENT POLICIES IN WEST AFRICA
Sustainable development is said to be a means of development that satisfies the needs of an existing generation and not compromise the means that future generations will use in satisfying their own needs [Burritt, 2003]. The main aim in this is to have valued economic developments and also protect the environment.
The review on sustainable development can be looked into from three angles; conflict in oil producing areas in West Africa, problems of implementing sustainable development policies and through research on the approach. According to research made by scholars, development can only be realised in oil producing areas when government gains the trust and support of the citizens in this regions. But the government has failed in this as they have failed in implementing and enforcing environmental policy laws that will make it easier for this places to be developed, [Okonmah, 1997]. The research further shows that the government makes unfulfilled promises to the local people and this has made them lose trust in the government.
In a report made by scholars [Ibidapo, 1990, Ewharieme, 2004] they wrote that the government’s environmental policies laws are ineffectively implemented and the effectiveness of this laws are doubted by the local groups. And according to them the government has failed in this aspect.
According to [Edo,], the ministry of state for environment in Nigeria, proposed a policy in 2003 for that there should be zero gas flaring in the country due to environmental, health and economic effects of gas flaring, but the policy was attacked and opposed by the multinational oil companies with the claim that they lack the necessary equipment’s and technology and that they cannot get them as at then and that the claim was technically infeasible. The federal government due to their relationship with the oil companies compromised and set out a later date to implement the policy, which was supposed to be 31st of December 2007 but this date was extended to the end of 2008 – Affordable Custom Essay Writing Service | Write My Essay from Pro Writers and the policy is yet to be implemented up to this date, this goes to show that the government is ready to subject the economic livelihood and health of the citizens over the continued gas flaring in west Africa in other to maintain their good relationship with this multinational oil companies. The west African government lack the will to implement and enforce the relevant environmental laws needed to protect our environment as well as the indigenous people and this is as a result of the fact that the economy of oil producing countries in west Africa such as Nigeria depends solely on oil and it’s been engineered by foreigners who pays little or no attention to the local people but their business of exploiting oil.
On the conflict in oil producing areas in West Africa, questions that surrounds vital issues such as, the responsibility of the government towards development, oil and environmental degradation were raised. According to [O`hara`s 2001] issues such that has caused violent in oil producing areas in west Africa since 1990 are; human right violation, character of the government, oil governmental destruction and the struggle for livelihood. Although a few literatures argue that the conflict in regions such as the Niger Delta is as a result of the fact that some people are driven by greed than grievances [Ikelegbe, 2008 – Affordable Custom Essay Writing Service | Write My Essay from Pro Writers] but the centre of all the violence lies on the impact of oil companies activities on host communities in West Africa, [Luckham, 2006 – Write a paper; Professional research paper writing service – Best essay writers].
One of the many reasons for the lack of effective environmental enforcement schemes in West Africa is the overarching corruption rate of those in public offices. Corruption is almost in all sectors of the economic in West African countries. When you consider those that the enforcement officials have to deal with [oil companies], you find out its easier for official to be easily be bribed and co-opted by this multinational companies. There is also the issue whereby public office holders diverse funds meant for sorting out environmental issues into areas that are of less importance or even for individual benefits,[ Ibaba, 2010 – Essay Writing Service: Write My Essay by Top-Notch Writer, Adelagan, 2006 – Write a paper; Professional research paper writing service – Best essay writers].
CONCLUSION
The government in oil producing countries in West Africa, such as Nigeria and Ghana have failed in their duty to protect the health and right to healthy environment and therefore this is a breach of obligation under the African charter. The government allowed oil companies such as shell to exploit their oil at the expense of the local people of west Africa as they failed in enforcing and implementing environmental policy laws, and this is a violation of the fundamental rights of the indigenous people under the African charter and the ICESCR, [Konne, ]. This comes to show that the problem of oil spillage and gas flaring in west Africa is not that environmental policies failed as it was never in the agenda of the oil companies and government in the first place, [Osuyi,]

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