At producing regions. The role of the Shell

At least these companies must obey local regulations
and laws. Whether these laws are enforced or not does not mitigate the firms’ responsibility
to obey them. Further, as guests in a foreign sovereign nation, the firms are
responsible to do no harm by their presence. This is also important to the
firms as they seek to protect their image in other areas around the globe.

International human rights law in general is written
by and binding upon states. Nevertheless, increasingly acknowledged that
companies in general, and multinational corporations in particular—which often
control budgets larger than those of the states in which they operate and have
significant power as a result, have responsibilities with regard to the
promotion and protection of human rights as well as the negative obligation not
themselves to be the instrument of or contribute to states’ violations of human
rights. Superiority of the oil companies in Nigeria gives them responsibilities
to monitor and promote respect for human rights by the Nigerian government.
Given the overwhelming role of oil in the Nigerian national economy, the
policies and practices of the oil companies are important factors in the
decision making of the Nigerian government. Because the oil companies are
operating joint ventures with the government they have constant opportunities
to influence government policy, including with respect to the provision of
security for the oil facilities and other issues in the oil producing regions.

The role of the Shell and Chevron in Nigeria are
important and most attention internationally. That has three reasons about the stronger
of the Shell: first, because
most of the Shell’s facilities are near inhabited area and thus exposed to
community protests. Second, Shell was the largest and longest history oil
producer company in Nigeria. As long as oil is produced, monopoly and privilege
relations with the government are enjoyed early on. Thirdly, because of Shell
was formed the main target of the campaign by MOSOP. While Human Rights Watch
believes that Shell has a special responsibility because of its current and
historically dominant position in Nigeria, we believe that all the oil
companies share this responsibility and that collective action by the oil
industry in support of human rights in Nigeria is required.

 

 

 

 

 

 

The general responsibilities to monitor and promote
respect for human rights by the Nigerian government, Human Rights Watch
believes that the oil companies work in Nigeria have particular responsibilities
in respect of the human rights violations that take place in connection with
their operations. These responsibilities must be seen against the context of
oil production in Nigeria and the way that the security provided to keep the
oil flowing benefits both the Nigerian government and the oil companies, since
disputes which threaten production affect the revenue of both. Companies have
an obligation to keep away from both complicity in and advantage from human
rights abuses.

Nigerian laws require the oil companies to respect
high environmental standards, often explicitly based on international
standards, in order to prevent and remedy pollution, to protect inhabited areas
from oil flaring and other dangerous aspects of oil production, as well as to
provide fair and adequate compensation for buildings, crops, fishing rights, or
other property adversely affected by their operations. Law of Nigeria include
the principle of strict liability for damage caused by oil spills, so that it
is not necessary to prove negligence on behalf of the operator; though if the
oil was deliberately spilled because of sabotage the rule does not apply and negligence
must be shown. However, the Federal Environmental Protection Agency and
Department of Petroleum Resources, the government bodies with responsibility
for enforcing these laws, experience the ill effects of an absence of
specialized mastery and assets, which, combined with the issues caused by
covering orders and defilement, anticipate viable policing of natural
principles, and the organizations frequently miss the mark concerning their
commitments. These duties should all be considered important by oil
organizations without being insulted.

In addition, the oil companies operating in Nigeria
have close relations with neighborhood elites in the communities where they
operate and at state and national level. To some extent, such relations are
required in order for the companies to operate, and are no different from the
relations of large companies with government authorities and other powerful
figures in any state. The oil companies are obliged to manage with the
government of the country at its different levels, whether military or
civilian. However, the pervasive corruption that has followed the oil industry
profits the national and nearby power structures and also adding a cost to the
oil companies.

Oil companies are legitimately concerned to prevent
damage to the environment and their facilities and to protect their personnel.
The companies also emphasize their commitment to keep away from confrontations
between community members and security forces, while underlining a legal
obligation to inform the Nigerian authorities when there is a threat to oil
production. For example, Shell states that “In circumstances where the safety
of staff or equipment is threatened, Shell reports the matter to the police,
just as citizens or companies would in most countries around the world.

 

In my conclusion I have listed some of the
responsibilities of oil companies in the local community. Companies should
include in written agreements with the Nigerian government relating to the
regulation of the oil industry, especially any agreements relating specifically
to security, provisions require state security forces operating in the area of
??company operations to conform to the human rights obligations the government
has assumed under the International Covenant on Civil and Political Rights, the
African Charter on Human and Peoples’ Rights and other international human
rights and humanitarian norms. Companies must make public the provisions of
their security agreements with state entities and private organizations.
Besides that, Companies should investigate abuses that do occur, and make public and
private protests to the authorities where excessive force is used, or where
arbitrary detentions or other abuses take place. Companies should publish
details of such incidents in their annual reports both in Nigeria and in the
country of their head office. Companies should publicly and privately call on the
Nigerian authorities to institute disciplinary or criminal proceedings, as
appropriate, against those responsible for abuses and to compensate the
victims. Companies should monitor the status of such investigations and press
for resolution of the cases, publicly condemning undue delay. And also, Companies
should adopt internal guidelines surrounding the provision of security for
their facilities, emphasizing the need to ensure respect for human rights, and
should take disciplinary action against any employee that does not follow such
guidelines.

 In
fact, not only the responsibility of the Shell and Chevron but also all the
major companies should be pay attention to that. Cause of the policies and
responsibility to operate a large company will directly affects the economy and
society of a country. Correct and responsible management companies will promote
the prosperity of a country will also gradually set a higher position in the
country.

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