US embassy cable - 01ABUJA3227

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 
------------------------------------ 
 
 
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. 
 
 
------------------------------ 
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. 
--------------------------------------------- ----------- 
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