NIGERIA: U.S.-U.K. TEAM RAISES VOLUNTARY

C O N F I D E N T I A L SECTION 01 OF 03 ABUJA 003227

SIPDIS


E.O. 12958: DECL: 12/18/2011
TAGS: PHUM EPET PREL NI
SUBJECT: NIGERIA: U.S.-U.K. TEAM RAISES VOLUNTARY
PRINCIPLES ON HUMAN RIGHTS AND SECURITY WITH OIL COMPANIES
AND GON


1. (U) Classified by Ambassador Howard F. Jeter; Reasons 1.5 (b)
and (d).



2. (C) Summary: A joint delegation from the British Foreign
Office and the State Department met Nigerian government
officials and oil company representatives from November 26-28
in Lagos and Abuja to discuss implementation in Nigeria of
the Voluntary Principles on Security and Human Rights. HMG,
the USG, seven U.S. and U.K. oil and mining companies, and a
number of human rights groups had signed the Principles in
Washington on December 20, 2000. GON officials welcomed the
Principles as an effort to support the rule of law and human
rights in the Niger Delta. Meetings with companies resulted
in suggestions to hold an in-country working-level security
meeting, a NGO meeting in Lagos, and presentation of the
Principles to the Niger Delta Security Committee (NDSC) and
the Oil Producers Trade Section (OPTS).



3. (C) Initial misunderstandings of the purpose of the
delegation's visit and nature of the Voluntary Principles by
the Ministry of Foreign Affairs and the Nigerian National
Police brought into focus the great sensitivity surrounding
politics and security in the Delta Region. For progress in
implementation of the Principles, continuing communication
with and among the oil companies and the GON is necessary.
End summary.


4.(U) The joint delegation consisted of Maria Pica, Bureau of
Democracy, Human Rights, and Labor, Department of State;
Christopher Camponovo, Office of the Legal Adviser/Human
Rights, Department of State; Gregor Lusty, Head of Global
Citizenship Unit, Foreign and Commonwealth Office; and Andrew
Woodcock, Global Citizenship Unit, Foreign and Commonwealth
Office.


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Assistance from the Foreign Ministry
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5. (U) On Monday, November 26, the group met with M.G.
Omotosho, Minister Counselor of the Legal and Treaties
Division and members of the Legal and Consular Bureau of the
Foreign Ministry. After the briefing on the Voluntary
Principles, Mr. Omotosho said the Foreign Ministry would
support the Principles which he saw as promoting human rights
and the rule of law.



6. (U) Omotosho asked whether the Niger Delta Development
Corporation (NDDC),a government-industry funded development
foundation, was involved. He suggested the delegation meet
with the Department of Petroleum Resources rather than the
Nigerian National Petroleum Corporation (NNPC). The
delegation stressed that their meetings were solely to inform
the GON about the initiative.



7. (C) Omotosho mentioned that there was a great deal of
sensitivity about the petroleum industry, security and the
Niger Delta. The delegation understood this as an oblique
reference to Minister of State for Foreign Affairs Dubem
Onyia's calling in Ambassador Jeter and British DCM Charles
Bird separately on November 23 to protest scheduling meetings
for the delegation with State Governors. After the purpose
of the meetings was explained, the Minister still insisted
they be cancelled because they had been scheduled without his
Ministry's approval, "in violation of Nigeria's sovereignty."



8. (C) Comment: The Protocol Office of the Foreign Ministry
was involved in the visit from the outset and had received a
copy of the delegation's schedule. The MFA Protocol
Counselor seemed unaware that the Minister of State would
protest the meetings with Governors. The Counselor also
seemed confused that the rules of the game had changed for
this delegation --Embassies had never been required to get
permission to speak to Governors before nor be accompanied at
all times on their calls, as Omotosho requested during the
meeting. End comment.



9. (C) With an MFA Treaty Division official in tow, the
delegation met Funsho Kupolokun, Special Assistant to the
President on Petroleum Matters and the NNPC's Group General
Manager for Corporate Planning and Development J.T. Okubute.
After the briefing, Okubute asked what the NNPC needed to do
to join the process. The delegation informed him that the
purpose of their meeting was to inform the NNPC, and they
could benefit from the process by: 1) independently
incorporating the Principles in their own operations; and 2)
engaging U.S. and U.K. companies to share security best
practices.



10. (SBU) Kupolokun said any process that promoted human
rights and helped long-term economic investment in the Delta
was a win-win situation for Nigeria and enjoyed his total
support.
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Discussion with Two Senators from the Delta
--------------



11. (C) The delegation had lunch with Niger Delta Senators
Udo Udoma from Akwa Ibom State, (Chair of the Appropriations
Committee),and Emmanuel W.J. Diffa from Bayelsa State (the
Alliance for Democracy Party Deputy Whip). Both welcomed the
Principles as an effort to improve relations between the
companies and communities. They described the recently
established Niger Delta Security Committee (NDSC) for oil
field security, and suggested that the Voluntary Principles
be brought to the NDSC's attention.



12. (C) The Senators felt that relations between the
companies and communities could improve, and that the legacy
of failed Federal government programs was part of the
problem. They agreed that more needed to be done to bridge
the expectation gap between companies and communities.



13. (C) Udoma mentioned the disagreement between Governor
Attah and Exxon-Mobil over the company's refusal to move its
national headquarters to Akwa Ibom. Udoma was scheduled to
meet with Exxon-Mobil representatives, and said he would
present them with a copy of the Principles.



14. (U) The delegation made a call on the National Human
Rights Commission (NHRC) and received a briefing from
mid-level officials. (Senior officers and staff were holding
a general meeting in Ebonyi State.) The NHRC officials
informed the group that they receive over thirty complaints
of human rights violations a day and are unable to address
them all. Moreover, the zonal office of the NHRC for the
Delta (in Port Harcourt) had not yet opened.


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Meeting the Companies in Lagos
--------------



15. (SBU) In Lagos, the delegation called briefly on
Chevron-Texaco Managing Director Ray Wilcox, and spoke at
length with Sole Omole, Chevron's Government Relations
Officer. Omole said that the Chevron-Texaco merger had
occupied most of their attention in 2001, and not much
progress had been made implementing the Voluntary Principles.
Nor, in fact, had they furthered Chevron-Texaco's stakeholder
dialogue to the degree expected. He suggested a
working-level security meeting with the oil companies, and
presentation of the Principles to the Niger Delta Security
Committee. The NDSC had discussed security issues in its
first three meetings, but not human rights. He thought that
the Principles would be a good way to introduce the subject.





16. (SBU) Omole also suggested a NGO meeting with company
representatives, similar to one held by Chevron in San
Francisco. An impartial moderator and ground rules could
focus the discussion. He stated the meeting should be held
in Lagos, and that the Constitutional Action Network should
be invited. Omole was scheduled to attend a San Francisco
meeting the following week where the Voluntary Principles and
other corporate responsibility initiatives would be
discussed. (Note: While American members of the delegation
met with Chevron-Texaco, the British delegation met with
representatives from Shell Nigeria. End Note)



17. (SBU) During an informal lunch attended by
representatives from Exxon-Mobil, Conoco and Shell, Precious
Omuku of Shell argued for introducing the Principles to the
Oil Producers Trade Section (OPTS) and its Security
Subcommittee. He promised Shell would champion the
Principles within the OPTS. John Capps, President and
Managing Director of Conoco Energy Nigeria Limited, said that
the Principles did not need to wait for the consensus
required by approval in OPTS. While he acknowledged OPTS
approval would be helpful, companies could immediately
implement the Principles if they were consistent with their
internal corporate practices. Capps said that Conoco was
implementing many of the Principles already.



18. (SBU) O.A. Adeyemi-Wilson, Exxon-Mobil General Manager
for External Affairs, and Cyril Odu, Exxon-Mobil General
Manager for Human Resources, were active participants in the
meeting even though their corporate headquarters have not
endorsed the Voluntary Principles. Both agreed that tabling
the Principles before the OPTS was a good idea. They said
they would reexamine the applicability of the Principles to
Exxon-Mobil operations in Nigeria. If the Principles could
be successfully implemented in Nigeria, perhaps Exxon-Mobil
headquarters might be convinced to participate.
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The Non-Meeting with the Assistant Inspector General of Police
-------------- --------------



19. (C) Assistant Inspector General of Police for Operations
Theo Akeredolu postponed his Monday meeting with the
delegation until Wednesday. When the delegation returned from
Lagos for the meeting, Akeredolu then balked that he could
not officially meet with them without written approval from
the Presidency. Because the matter dealt with national
security, he did not believe the Foreign Ministry's approval
was sufficient. Despite his apparent reticence, he listened
as the delegation gave him a quick briefing on the Voluntary
Principles, and promised to keep him informed of their
activities.


20.(C) At the Presidency, Oby Ezekwesili, Special Advisor to
the President on Foreign Affairs, expressed her support for
the Principles, an effort she described as "supporting human
rights, good governance and the rule of law." Ezekwesili
stressed the sensitivity of the Niger Delta and the
importance of working through appropriate bureaucratic
channels.



21. (SBU) The delegation assured her that the purpose of the
briefings was to provide information on the Principles to key
government entities. They further noted that the process was
characterized by both discretion and deliberation:
Participants would "go no further in implementation without
the full support of the GON and only at a comfortable pace
for the companies."



22. (SBU) Ezekwesili requested a two-page non-paper on the
Principles to brief the President and to pass to the three
members of the Niger Delta Security Committee with whom she
has regular contact. The delegation said they would forward
through the Embassy a report of their visit.



23. (C) Comment: The initial reticence of GON Officials at
the Police and Ministry of Foreign Affairs to meet or allow
meetings on the Principles evinces the Government's
sensitivity to Delta issues, including relations with oil
companies, police matters and foreign involvement in the
region. These contretemps did not, however, hurt the
usefulness of the visit. Once bureaucratic concerns were
addressed, all of the government officials supported the
Voluntary Principles and viewed them as a useful means for
promoting security in the Delta.



24. (C) Throughout the visit oil company representatives
appeared very open to the Voluntary Principles. Assertions
by some of the companies that current practices already
accord with the Principles were encouraging. However, both
the government's and the oil companies' future approaches to
security and human rights in the Niger Delta must be measured
by their actions. Chevron admits that they have made little
progress implementing the Principles and its MD seems
lukewarm to the process. Clearly change is still needed and
it is possible that the Voluntary Principles may provide a
vehicle for such improvement.



25. (U) Implementation will be the key. Progress will be
maximized by the establishment of an Embassy position with
responsibilities for corporate responsibility (including the
Voluntary Principles). Continued contact on these issues
through the establishment of personal relationships between
the proposed Corporate Responsibility Officer and key Delta
and GON players is key to future success. End comment.
Jeter