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Introduction
The field of green criminology is relatively new, gaining popularity in the last two decades from where it was interpreted to mean urban crime problems according to Lynch (1990). This lack of attention was not a result of a lack of awareness on changes in the environment as a result of human activities as a lot of literature in this was available. The lack of attention is associated with the political agendas of the governments to control crime rather than paying attention to the connection between environmental degradation and the criminal justice system. Green criminology refers to harms and crimes done against the environment, not in a geospatial sense but in relation to the global ecosystem as a whole (White 2008). This term serves four main tasks: documenting the actual green crimes in all their forms, types and distinctions; outlining the way laws have been formulated in this area and their implications on political and other aspects; finding a link between green crimes and inequalities; and evaluating the roles of green social movements and the green critics.
Green criminology uses a variety of analytical tools in investigating issues of environmental damage in order to produce knowledge that is theoretical, pragmatic and politically grounded (Mc Laughlin and Muncie 2006). Criminology has thus, been explained in two theoretical platforms: first, environmental incidences are looked at through a traditional criminological outlook. Environmental crimes are then treated as crimes against persons and property and the challenge is to put in place systems that would effectively implement existing laws and punish offenders. Secondly, green and indeed other crimes are social creations influenced by social locations and power relations in the society. This way, the criminalization of environmental destruction is a struggle among competing social forces rather than events subjected to disinterested law (OBrien & Yar 2008). This essay analyzes environmental harm in the Niger Delta, Nigeria using the Green Criminological analysis of victimization and offenders.
Oil pollution in the Niger Delta
Delta crude Oil was first discovered in Niger Delta in 1956 which raised the hopes of this country of development. Nigeria joined the OPEC organization of Petroleum Exporting Countries) in 1970. It has huge oil deposits, bigger than USAs and Mexicos combined. Oil contributes 95% of the Countrys export earnings and 80% of revenue. Niger Delta had a population of 31 million by 2003 and in the 1960s was food reliant but today it imports more than it produces. In spite of the high revenues the oil industry generates in Nigeria, the Niger Delta communities continue to live in social deprivation, abject poverty, and in constant conflicts between various tribes, organized illegal groups, and the companies exploiting oil in the region. The quality of life is very low compared to major oil-producing nations as a recent UN report indicated. Problems of armed conflict, epidemic diseases, and failed governance make the nation fragile according to World Bank (Omofonmwan and Odia 2009).
Environmental degradation in the Niger delta is huge and wanton and has continued for over three decades. This has left grave health, social and economic consequences for the people in this delta. Every stage of oil exploration and exploitation brings with it environmental damages with the major one being oil spillage. In the 40 years since oil was discovered, 6000 spillages have been recorded. 647 incidences of spillages in the period between 1976 and 1996 were experienced resulting in 2,369,407.04 barrels of crude oil being spilled and only 549,060.38 being recovered and the rest left in the ecosystem (Legborsi 2007).
Victimization
An environmental victim is described by Carrabine, Cox, Lee, Plummer and South (2009) as those of past, present, or future generations who are injured as a consequence of change to the chemical, physical, microbiological, or psychological environment, brought about by deliberate or reckless individual or collective human act of omission. This, therefore, means that victims welfare and rights are forgone for the benefit of a more powerful entity.
Victims
Local fishermen
Fishermen are victims of the pollution the delta is experiencing. The crayfish and sardine fish populations have declined. In Finima village, a small inlet that acted as a fishing community has been converted into an oil storage ground where huge domes stand now and a superstructure for storing liquefied natural gas. This has left local people with no economic base. Further, constructions on the bay and increased ship traffic have changed local wave patterns, resulting in erosion of the shore and pushing the fish into deep water. This would require a 55-hose power engine to fish which is unaffordable to the locals. Oil spills, which are the greatest negative consequence of oil exploitation in the region have destroyed aquatic life in traditional fishing grounds resulting in hunger and poverty in fishing communities (Anup 2004).
Local communities
Local communities means of livelihood, that is fishing, which provided income and food, has been destroyed by leaks from pipelines and wells into streams and rivers. The building of roads and canals drove the wetland ecosystem into collapse according to UNEP. They are left to import frozen fish for local consumption something they never experienced before the discovery of oil (ONeill 2007).
Health effects from the degradation of the environment are another thing communities have to contend with in the Niger Delta. An investigation by the Nigerian Environmental Study Action Team found out that discomfort and misery as a result of fumes, heat and combustion gases are common. Certain illnesses such as bronchial asthma, gastroenteritis, cancer, skin problems, eye diseases, and other respiratory diseases have risen in occurrence due to exposure to pollutants. Also, research by the University of Lagos on the water quality in the region indicates that 70% of it contains a concentration of 0.5 to 4ug per liter above the WHO recommended concentration of 0.7ug/1 of a cancerous chemical Benzo O Pyrene. Aquatic creatures also were found to contain the chemical and others in high concentrations which end up in the mans system as they consume them. Nutritional problems are also widespread which are associated with poor diet as cropland becomes infertile and poverty increases (Anup 2004).
The communities are also losing on traditional institutions of authority and social harmony. Oil pollution has also seen the emergence of individualism among the community members whose customs and traditions and social values dictate should live in a communal spirit. Elders are supposed to protect the community during times of distress such as oil spillage and be the custodians of community wealth. Elders and some community members have developed a relationship with oil companies which have seen them benefit at the expense of the community thus alienating them. This is seen mostly during times of oil spillages and fires (The third world Traveler).
Insecurity as a result of armed conflict in the region is another thing the Niger communities have had to endure. With the deteriorating living conditions in the Niger Delta and the failure of government to act and multinationals to fulfill their promises, some groups have taken the matter into their hands. Armed rebel groups such as the Movement for the Emancipation of the Niger Delta (MEND) have attacked oil platforms, oil stations operated by oil companies. They also kill security guards and soldiers and kidnapped foreign oil workers. They have also set bombs in cars in protest and burst oil pipes to try and get a portion of oil monies. This has made the region a dangerous place forcing people to move to towns and other states (The Third World Traveler).
Local farmers
The Niger Delta is enormously endowed with natural resources and weather that supports agricultural production. 50% of the labor force is involved in various agricultural activities and crops such as yam, cassava, cocoyam, plantain, maize and vegetables are the main crops. Production is on a small scale and subsistence basis. This has however been greatly affected by oil spills which have left their land degraded to wastelands due to loss in soil fertility and destruction of soil microorganisms. Farmers have been compelled to abandon their land and seek alternatives like employment in the oil industry or move to other areas which stress resources in those areas further (Inoni, Omotor and Adun 2006). Another damage to cropland is acid rain as a result of gas flaring which has poisoned the soil leaving it infertile and unable to support any crops.
Offenders
Oil companies
These are subsidiaries of major oil companies in the world. The major ones include Royal Dutch Shell, Total, Agip from Italy, ExxonMobil and Chevron from the US among other smaller ones. These have transformed the remote Delta into an industrial wilderness. There are 4500 miles of pipelines, 159 oil fields and 275 flow stations. These companies have exploited the resources of the delta without any due consideration to the environment and the people. Environmental standards have not been adhered to as it is shown in the oil spillages, waste disposal and gas flares. They have also failed to meet the promises of developing the economic and social infrastructure such as roads, hospitals, employment, schools and others made to the Delta communities. Oil companies such as Shell and Chevron have also been involved in funding military activity in the region in the guise of protecting their interests. They have paid gangs and police to attack villagers demonstrating peacefully where people have been killed and property destroyed example is the Umeuchem demonstration of 1990. A case that attracted much attention is that of trial and execution of Ken Saro-Wiwa, an environmental activist, and eight other leaders of the Movement for Survival of the Ogoni People (MOSOP). The trial and execution were done in haste and with no substantial evidence and Shell was indicated to have had a hand in it (Inoni, Omotor and Adun 2006, Beirne and South 2007).
Government of Nigeria
The Government of Nigeria declared the oil industry in the country as state-owned in 1971. This resulted in a joint venture with the oil companies through the Nigerian National Petroleum Corporation where it owns 55-60 percent of multinational oil business onshore. The revenues from this venture have increased over the years to 60 billion in 2005. The country has moved from colonialism since the discovery of oil to military dictatorship to democracy. What has not changed is the culture of misuse and looting of national resources by those who are in power according to the International Crisis Group report. The Anticorruption Agency in Nigeria estimated that 70 percent, that is, approximately 14 billion dollars of income from oil was misappropriated in 2003 by government officials. Theoretically, there is a mechanism for distributing the revenues to reach the people at the grassroots by dividing half of it to all 36 states and the central government retaining the rest. The revenues do not trickle down to the people as it is misused by military and other public officials who stash the money in foreign bank accounts and send their children to expensive schools abroad (Inoni, Omotor and Adun 2006, The Third World Traveler).
The government has also exercised laxity in the enforcement of environmental standards in the Delta. Cases of government officials receiving hefty bribes from oil companies in order to pass friendly policies and turn a bride eye on others have been widely publicized (ONeill 2007).
Conclusion
Green criminology means environmental harms and crimes done against the environment whether physical, social, economic, biological or cultural that have the potential of affecting the present and future generations. Pollution in the Niger Delta as a result of oil exploration and exploitation is one such crime. The major victims of this crime are farmers and fishermen as their means of livelihood are destroyed by pollution, local communities as their health, customs, traditions and social values are affected. Insecurity is another problem the local communities have to endure as tensions rise as a result of resources conflicts. The major offenders are the oil companies who recklessly pollute the environment by oil spillages, gas flares and waste. They also disregard environmental standards and conduct business with no consideration of the environment or the people around them. The government on the other hand has misused the revenues from the oil resources and failed to enforce environmental standards. It has also failed to protect its people from abuse by multinationals as they engage in military activities.
References
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Beirne, P., and South, N. (2007) Issues in Green Criminology: Confronting harms against environment, humanity and other animals, Willan Publishers.
Carrabine, E., Cox, P., Lee, M., Plummer, K., and South, N. (2009) Criminology: a sociological introduction (2nd ed) Oxford. Chapter 19. pp 385-396. Web.
Inoni, E., Omotor, G., and Adun, N. (2006) The effects of Oil spillage on crop yield and farm income in Delta State, Nigeria, Journal of Central European Agriculture Online. Vol. 7 (1), Web.
Legborsi, Saro. The adverse effects of oil pollution on the environment and the wellbeing of a local indigenous community: The experience of the Ogoni people of Nigeria . International expert group meeting on indigenous peoples and protection of the environment. Khabarovsk, Russian Federation 2007. Policy paper. United Nations Division of Social Policy and Development: New York. Web.
Lynch, M., (1990) The Greening of Criminology: A Perspective in the 1990s, Criminologist,2, pp. 1-5. Available in South, N. and Beirne, P. (2006) Green Criminology, Aldershot: Ashgate.
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Omofonmwan, S., & and Odia, L., (2009) Oil exploitation and conflict in the Niger-Delta region of Nigeria. Journal of Human Ecology Online. 26 (1), Web.
The third world Traveler (2005) Assassins in foreign lands: A CorpWatch Radio Interview ith Nigerian Human Rights Activist Oronto Douglas. Web.
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