A High Court in London has dismissed a suit by Bille and Ogale communities seeking to sue Royal Dutch Shell (RDS) in English courts for spill incidents in the Niger Delta. The communities had, on May 2015, through their UK solicitors, Leigh Day, brought oil spill litigation against The Shell Petroleum Development Company of Nigeria Limited (SPDC), and also filed claims against RDS as an “anchor defendant” to bring the claims in England. RDS and SPDC challenged the jurisdiction of the English court to hear these claims.

In his ruling on Thursday, 26 January 2017, the judge rejected Leigh Day’s claim that RDS owed a duty of care to the Nigerian claimants allegedly impacted by SPDC, and consequently that there was no anchor defendant for the case against SPDC to be brought in England.

“The court rightly decided these claims should be dealt with by the Nigerian courts and confirmed longstanding principles of corporate law, which are critically important for multinational companies headquartered in the UK,” said Igo Weli, SPDC’s General Manager, External Relations.

“Both Bille and Ogale are areas heavily impacted by crude oil theft, pipeline sabotage and illegal refining, which remain the main sources of pollution across the Niger Delta. The judge correctly decided that the holding company, Royal Dutch Shell, had no legal responsibility for harm to the communities in the Niger Delta caused by criminal interference in Nigeria with the operations of a joint venture in which the Nigerian government owns a majority interest.

“We hope the strong message sent by the English court today ensures that any future claims by Nigerian communities concerning operations conducted in Nigeria will be heard in the proper local courts. Nigeria is a core part of the Shell Group’s upstream business. We see considerable potential for growth in Nigeria and are determined to help Nigeria unlock its energy potential over the long term.

“Litigation in courts unfamiliar with the law and realities on the ground ultimately does nothing to address the real problem in the Niger Delta: widespread pipeline sabotage, crude oil theft and illegal refining. SPDC continues to play an active role in the search for solutions to these complex issues.

“Examples of recent initiatives include a 2016 campaign against crude oil theft which highlighted the dangers of crude oil theft and sabotage of pipelines to more than 40 communities in Ogoniland and a programme which ran with the objective of providing alternative means of livelihood for young people in Ogoniland in 2014.”

A court has described the plan by the Lagos State Government to demolish all waterfront informal settlements as inhuman and degrading, and that it violates the law of the land.

Honourable Justice Onigbanjo of the Lagos State High Court gave the decision on Thursday, 26 January 2017 in a fundamental rights enforcement case brought in October 2016, after the Lagos State Government stated its intention to demolish all waterfront informal settlements.

The judge delivered his decision while hundreds of urban poor residents – men, women, and children – from waterfronts across the state waited patiently inside and outside the courtroom. Relying on the Fundamental Rights (Enforcement Procedure) Rules, 2009, his Lordship said that he found these demolitions to be inhuman and degrading treatment in violation of the right to dignity enshrined in Section 34 of the 1999 Constitution of the Federal Republic of Nigeria and Article 5 of the African Charter on Human and Peoples’ Rights.

Balancing his responsibility to protect the fundamental rights of citizens against the duties of the state government, Justice Onigbanjo then ordered the parties to attempt mediation through the Lagos State Multi-Door Courthouse and report back to his court in one month’s time.

It will be recalled that the threat to the Lagos waterfronts began when Lagos State governor, Akinwunmi Ambode, announced last October government’s intention to “start demolishing all shanties on waterfronts across the state within seven days,” citing recent kidnapping incidents as the purported justification.

Based on mapping and profiling done by the Nigerian Slum / Informal Settlement Federation, it was identified at least 40 communities that fell under this threat and estimated over 300,000 residents were at risk of imminent eviction.

Accordingly, more than 20 member communities of the Federation joined together to write to Governor Ambode, calling for a retraction of the threat and requesting for dialogue to explore alternatives to eviction. Two peaceful protests brought thousands of waterfront residents to the gates of the Governor’s Office and the State House of Assembly, but to no avail. To the contrary, elements alleged to have links with government proceeded to demolish Ilubirin on 15 October 2016. Finally, the threatened waterfronts had no option but to proceed to court to enforce their fundamental rights.

On 7 November 2016, Justice Onigbanjo granted a temporary injunction restraining the Lagos State Government and the Nigerian Police Force from proceeding with any demolition of the waterfronts or eviction of their inhabitants. Despite this order, Otodo Gbame community – an ancestral Egun fishing settlement in Lekki – was demolished and over 30,000 residents forcibly evicted on 9-10 November 2016 by arson and a bulldozer working in the dead of night.

The demolition of Otodo Gbame has been broadly condemned as a forced eviction and a gross violation of human rights, including by the United Nations Special Rapporteur on Adequate Shelter, Amnesty International, and countless others. Evictions that use arson and take place during the night – such as what occurred at Otodo Gbame – also constitute violations of the United Nations Convention Against Torture, especially when they are discriminatory in nature.

Officials of the Justice & Empowerment Initiatives – Nigeria (JEI) and the Nigerian Slum / Informal Settlement Federation have been celebrating the court decision.

Megan Chapman, co-founder of JEI, said in a statement: “We are overjoyed that the Honourable Justice Onigbanjo has aligned himself with such established jurisprudence to find that such evictions constitute inhuman and degrading treatment.

“We also welcome the opportunity for the threatened waterfront communities to enter into dialogue with the state government to explore amicable settlement to find win-win solutions to any legitimate concerns the state has that can be settled through alternatives to eviction. We firmly believe that partnership and collaboration between communities, civil society, and the government is the best way of solving social and developmental problems that face the city. Just as firmly, we know that demolition and forced eviction are not the answer to any social problems.

“As we approach the court-ordered mediation, we fervently hope that the Lagos State Government and the Lagos State Command of the Nigerian Police Force will distance themselves from the recent smear campaign that has attempted to misrepresent waterfront residents as criminals and spread lies that waterfront communities are full of Boko Haram, Niger Delta militants, and kidnappers. As members of these communities and civil society organisations working in the waterfronts on a daily basis, we decry these false allegations and condemn those who stoop to spreading such falsehoods in order to try to justify land grab.”

Regions in Europe are facing rising sea levels and more extreme weather, such as more frequent and more intense heatwaves, flooding, droughts and storms due to climate change, according to a European Environment Agency report published on Wednesday, 25 January 2017.

The report assesses the latest trends and projections on climate change and its impacts across Europe and finds that better and more flexible adaptation strategies, policies and measures will be crucial to lessen these impacts.

The observed changes in climate are already having wide-ranging impacts on ecosystems, the economy and on human health and well-being in Europe, according to the report, which is titled: “Climate change, impacts and vulnerability in Europe 2016”. New records continue to be set on global and European temperatures, sea levels and reduced sea ice in the Arctic.

Precipitation patterns are changing, generally making wet regions in Europe wetter and dry regions drier. Glacier volume and snow cover are decreasing. At the same time, climate-related extremes such as heat waves, heavy precipitation and droughts are increasing in frequency and intensity in many regions. Improved climate projections provide further evidence that climate-related extremes will increase in many European regions.

“Climate change will continue for many decades to come. The scale of future climate change and its impacts will depend on the effectiveness of implementing our global agreements to cut greenhouse gas emissions, but also ensuring that we have the right adaptation strategies and policies in place to reduce the risks from current and projected climate extremes,” said Hans Bruyninckx, EEA Executive Director.

Climate change hotspots

All European regions are vulnerable to climate change, but some regions will experience more negative impacts than others. Southern and south-eastern Europe is projected to be a climate change hotspot, as it is expected to face the highest number of adverse impacts. This region is already experiencing large increases in heat extremes and decreases in precipitation and river flows, which have heightened the risk of more severe droughts, lower crop yields, biodiversity loss and forest fires. More frequent heat waves and changes in the distribution of climate-sensitive infectious diseases are expected to increase risks to human health and well-being.

Coastal areas and floodplains in western parts of Europe are also seen as hotspots as they face an increased risk of flooding from rising sea levels and a possible increase in storm surges. Climate change is also leading to major changes in marine ecosystems as a result of ocean acidification, warming and the expansion of oxygen-depleted dead zones.

Ecosystems and human activities in the Arctic will also be strongly affected owing to the particularly rapid increase in air and sea temperatures and the associated melting of land and sea ice.

Although some regions may also experience some positive impacts, such as improving conditions for agriculture in parts of northern Europe, most regions and sectors will be negatively affected.

Ecosystems, human health and economy

Ecosystems and protected areas across Europe are under pressure from climate change and other stressors, such as land use change. The report highlights that the impacts of climate change are a threat to biodiversity at land and in the seas. Many animal and plant species are experiencing changes to their life cycles and are migrating northwards and to higher altitudes, while various invasive species have established themselves or have expanded their range. Marine species, including commercially important fish stocks, are also migrating northwards. These changes affect various ecosystem services and economic sectors such as agriculture, forestry and fisheries.

The main health effects of climate change are linked to extreme weather events, changes in the distribution of climate-sensitive diseases, and changes in environmental and social conditions. River and coastal flooding has affected millions of people in Europe in the last decade. The health effects include injuries, infections, exposure to chemical hazards and mental health consequences. Heatwaves have become more frequent and intense, leading to tens of thousands of premature deaths in Europe. This trend is projected to increase and to intensify, unless appropriate adaptation measures are taken. The spread of tick species, the Asian tiger mosquito and other disease carriers increases the risk of Lyme disease, tick-borne encephalitis, West Nile fever, dengue, chikungunya and leishmaniasis.

The economic costs of climate change can be very high. Climate-related extreme events in EEA member countries account for more than EUR 400 billion of economic losses since 1980. Available estimates of the future costs of climate change in Europe consider only some sectors and show considerable uncertainty. Still, the projected damage costs from climate change are highest in the Mediterranean region. Europe is also affected by climate change impacts occurring outside Europe through trade effects, infrastructure, geopolitical and security risks, and migration.

Enhancing adaptation and knowledge

Mainstreaming of climate change adaptation into other policies is progressing but can be further enhanced. Other possible further actions include improving policy coherence across different policy areas and governance levels (EU, transnational, national and subnational), more flexible adaptive management approaches, and the combination of technological solutions, ecosystem-based approaches and ‘soft’ measures.

The development and use of climate and adaptation services are increasing in Europe. Improved knowledge would be useful in various areas, for example, on vulnerability and risk assessments at various scales and on monitoring, reporting and evaluation of adaptation actions, their costs and benefits, and synergies and trade-offs with other policies.

Background

The report is an indicator-based assessment of past and projected climate change and its impacts on ecosystems and society. It also looks at society’s vulnerability to these impacts and at the development of adaptation policies and the underlying knowledge base.

The report was developed by the EEA in collaboration with the Joint Research Centre of the European Commission, the European Centre for Disease Prevention and Control, the World Health Organisation Regional Office for Europe and three European Topic Centres (ETC-CCA, ETC-BD, ETC-ICM). This is the fourth “Climate change, impacts and vulnerability in Europe” report, which is published every four years. This edition aims to support the implementation and review process of the 2013 EU Adaptation Strategy, which is foreseen for 2018, and the development of national and transnational adaptation strategies and plans.