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GROUNDWORK's QUARTERLY NEWSLETTER
Volume 7, No 4
Dec 2005

IN THIS ISSUE:

From the Smokestack

Lead Story - When Big Oil came to town “for the benefit of mankind”!

Corporate Accountability – Remember Ken Saro-Wiwa and Friends

Air Quality - Linking Communities

Air Quality - Finally, date set for meeting with Shell CEO

Waste - Different solutions

groundWork USA: Conflict and Development

Air Quality – Controversy surrounds use of fuel additive

Community News – Growing unity in the Vaal

Community News - Eskom’s Poorly Built and Mistaken Reactors

In Brief

In the pipeline

Publications

 

From the Smokestack


by groundWork Director,
Bobby Peek

Firstly, there are two recent victories to report: The Rossport Five, who are five farmers from County Mayo, Ireland, who were jailed for preventing a Shell a gas pipeline from passing through their farms, have been released after three months in a Dublin jail. Secondly, Friends of the Earth Nigeria has been successful in gaining a court order to stop Shell from flaring in the Niger Delta. The judge found that flaring violates communities’ fundamental rights to health and environment and ordered Shell to cease such practice immediately. Well done to both the Rossport community and FoE Nigeria for taking on big business and succeeding!

On a sad note, groundWork bids farewell to staff member Llewellyn Leonard who has been with us since January 2001. Llewellyn walked into groundWork straight out of University, and during the first few weeks said very little! Since then we have not been able to keep him quiet – only kidding! Whilst it is sad that Llewellyn is leaving, and this will be a loss to groundWork and the environmental justice movement – this is not a loss forever. Llewellyn has been awarded a full scholarship to read for his PhD at Kings College in London, and he has chosen the field of environmental justice and waste for his investigation. Through this process we will link up with him via the African Stockpile Project as well as health care waste issues in Africa. Go well, Llewellyn, and we hope that we see you back in groundWork.

One thing that Llewellyn has always been good at is remaining calm, and the next issue I speak about, required me to muster all my energy to remain calm.

Recently, I spent six days in Amsterdam by invitation to speak at sister Dutch NGO Milieudefensie’s spoof awards for industry, called the Schone Schijn Awards 2005 – which is similar to the “Corpse Awards” held in SA in June this year. At these awards Dutch bank, ABN Amro’s Vice President, Herman Mulder, actually arrived to receive his award! But arrogant he was. In a meeting between Meena Raman, Chair of Friends of the Earth International, and myself, he demanded that we should engage with ABM Amro around an agenda such as the Equator Principles (which follow an industry approach for determining, assessing and managing environmental and social risks - a way to protect profits without having to make too many changes to practice). Dialoguing around a table on an agenda that does not challenge the power of corporations and banks, but rather entrenches that power, we most certainly do not want to do! Out of respect for Milieudefensie - who was my host – I had to bite my tongue! Yes we will engage with industry, but only in circumstances that allow for the challenging of the power of corporations.

Whilst in Amsterdam I mentioned to some long-time supporters of Milieudefensie the importance of the support of the Dutch public for the environmental justice movement in both the North and South for, like apartheid, although the enemy seems insurmountable environmental injustices can be defeated by a united front. After speaking briefly about Shell and the problems in south Durban, one of the long time supporters stated that, perhaps, just as South African Outspan oranges were boycotted in the past, Shell petrol should be boycotted now. This is indeed a debate to be had considering that the Dutch Queen is a significant Shell shareholder and the Dutch think of Shell as a national asset.

Finally, I want to briefly reflect on the proposed merger between Sasol and Engen. When groundWork was asked to comment on this close on a year ago, we indicated that this process needed to be investigated by the Competition Commission. It did finally go to the Commission and what a soap opera it tuned out to be! Amongst the many issues to emerge, including the artificially high price of fuel in the country, the most comical was the fact that BP assisted the Department of Mineral and Energy Affairs (DME) in developing its submission against the merger. Sasol cried foul. The staff member in the DME responsible for this was suspended. What an uproar for something that has been common practice in the drawing up of various pieces of legislation, especially environmental legislation, in the past. When civil society made a noise about this practice, nothing was done. But now that it is industry crying foul, action is taken. Strange? Well maybe not!

Have a good festive season and peaceful New Year, Bobby

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Lead Story

When Big Oil came to town”for the benefit of mankind”!

By Bobby Peek

The “big oil show” came to town (in this case, Johannesburg) in the last week of September for the 18th World Petroleum Congress (WPC). This was a gathering of profiteering, global warming pundits who wanted us to believe that their mantra was “for the benefit of all of mankind”.

groundWork’s experience of the oil industry - which we have attained first hand as well as through working with several communities – is one of unnecessary pollution, ill health in fence line communities, fatalities and environmental obliteration. In preparing for the conference, groundWork wanted to give the oil industry the benefit of the doubt, so we commissioned a report to give us a more thorough and analytical understanding of the workings of the oil industry. This report, “The groundWork Report 2005: Whose Energy Future?1 , was released on the eve of the WPC at a civil society pre-congress hosted by groundWork. This gathering of African civil society representatives from Angola, Nigeria, Ghana, Mozambique, Cameroon, South Africa as well as the USA, was held in Sandton on 24 September to tell the world the truth about the oil industry.

Whose Energy Future? Big Oil Against People in Africa

The groundWork Report 2005 was the “preparatory document” (to use United Nations jargon) for civil society people globally who were interested in the challenges posed by the oil industry in Africa. The report was well received by civil society and was launched at the groundWork pre-congress gathering.

The report unpacks the role of big oil in Africa, looking at how communities suffer human rights abuses and environmental injustices as a result of the power nexus between oil and government.

Much has been written on the environmental and social ills of oil in Africa. A brief literature search will show plenty of material. What makes this research different is that it brings together for the first time the upstream and downstream impacts of the oil industry - where the oil is drilled and where it is refined. And, importantly, it looks at how people are resisting the political domination that accompanies oil and at the alternatives to corporate rule that are germinating in civil society.

In South Africa, this is also the 50th anniversary of the Freedom Charter, which states that “the people shall govern”, not “the corporates shall govern”. Yet, as the 18th World Petroleum Conference demonstrated, the corporates want partnerships where they have the power: the power to plunder resources, reap profits, manipulate governments and undermine democracy.

The report findings were distributed globally and, by the time of the WPC conference, more than 250 people and/or organisations globally had endorsed the report’s findings that the oil elite's power:

“is neither stable nor inevitable and that it is always and everywhere contested and renegotiated. The real possibility that alternative energy sources, technologies and applications might be taken up by the masses of the poor in a project that they define and drive, lies in connecting the promise of renewable energy sources and technologies with social movements struggling for deep transformation of the way the world works. And even if these social and environmental justice movements do not succeed against the enormous power of the current regimes, and the descent into a post-fossil-fuel (and post-US empire) era of uncertainty and collapse continues, then the spaces of self-reliance and local democracy created through such struggles will emerge as the only viable basis for rebuilding a new world”.2

The Anti-oil gathering

Some of the local struggles which were brought to life during the groundWork pre-Congress gathering included the following:

West Africa: Representatives from West Africa - Nnimmo Bassey of Nigeria, Nobel Wadzah of Ghana and Pastor Barry Wuganaale of the Ogoni Solidarity Forum - kicked off the gathering sharing insights into the struggles around the West African Gas Pipeline (WAGP) project, and the environmental genocide in the Niger Delta. Ghanaian activists are aware of the environmental injustices suffered in Nigeria and are opposed to the WAGP project, which would secure Ghanaian energy supplies at the expense of brothers and sisters in the Niger Delta. All panellists were convinced that the Movement for the Survival of the Ogoni Peoples has succeeded in challenging the oil industry and government in Nigeria in a process to define the Ogoni’s people own development agenda. It was agreed that this progress should be maintained and defended at all costs.

Iraq: Salim Vally, of the Palestinian Solidarity Committee, described how the war in Iraq is linked to big oil and the imperialist agenda of the USA. The USA has, through its global hegemony and need for oil, pressurised governments globally to erode the civil rights of community organisations. Vally, welcomed the research done by groundWork and requested that groundWork works at making the outcomes of the research more applicable for a community setting where this research could be used to develop a response to the neo-liberal agenda that is being pushed globally.

Burma: The link between the Burmese military and oil corporations was portrayed in the manner in which oil company Total has supported the illegitimate military regime in Burma. This has led to the imprisonment, torture, rape, slavery and murder of thousands of Burmese.

Southern Africa: The threats posed by the fossil fuel industry in Angola and Mozambique were conveyed by activists from these countries.

South African based environmental lawyer, Richard Spoor, shared his experience of challenging major corporations on workmen compensation issues and community related environmental injustices caused by major corporations.

Patrick Bond, from the Centre of Civil Society at the KwaZulu-Natal University campus, gave an intensive session on how oil companies skirt their greenhouse gas responsibilities through trading in, but not actually reducing, their pollution.

The message was clear from all the speakers that the energy future that the oil industry has put on the table is neither viable nor favoured. It is a future of war, militarisation, the erosion of human rights, global warming and the handing over of political power and governance to the corporations of the world.

What the “oil men” had to say

Ms Imogen Mkhize, CEO of the WPC, made two revealing statements prior to the event. Firstly she stated that:
“Although the South African energy sector has its own challenges, supplying the world with its future energy needs is the ultimate goal” (Business Day, September 23, 2005).

By putting the energy needs of the rest of the world before South Africa’s needs, the oil companies working in South Africa could potentially be robbing South Africans of our own resources in the same way that colonising countries in the past robbed Africa of gold, copper and people (slaves).

Secondly, when she was asked if there was enough civil society participation at the gathering (there was virtually none), she responded by saying that decisions would be taken at the Congress and these decisions would be fed back to civil society at a later stage.3 Plainly put, what she was saying was that the WPC, publicly claiming to be representing the interests of mankind, would, on their own, without civil society input, take decisions about how they would exploit our natural resources and would then let us know what they had decided afterwards. They wanted us to believe that they had a global mandate to make these kinds of decisions, but clearly they had no such mandate nor were they primarily concerned with our needs. As a gathering of powerful oil companies, their primary objective could only have been to make decisions that would safeguard the profits of a powerful few.

These statements, together with evidence that these oil industries are implicated in human and environmental rights abuses in the process of extracting Africa’s oil wealth, indicate that a re-colonisation of Africa is taking place with the oil industry in the driving seat on this occasion. Most importantly, this is being allowed by African leaders, without a democratic and meaningful dialogue with the population of Africans to understand if this is what they want.

We addressed letters to the leadership of the WPC and to the South African government, but no answers or responses to our concerns were forthcoming. The media carried our concerns daily to the South African public via lead stories in newspapers, letters, as well as television, and still no response. By Thursday 30 September the “circus quietly slipped out of town”.

Our Anti-oil gathering together with The groundWork Report 2005, held out a challenge to governments and corporations to start recognising and working on an approach that would secure another energy future for the globe, one that is built on justice, equity and democracy - a challenge which the 18th World Petroleum Congress refused to answer.

Footnotes:
1. This Report was reviewed in the September 2005 newsletter. It is available in hard copy or electronic format from the groundWork office.
2. The groundWork Report 2005: Whose energy future? Big oil against people in Africa.
3. SABC FM, September 23, 2005

Corporate Accountability

Remember Ken Saro-Wiwa and Friends

By Bobby Peek

Thursday, 10 November, marked the 10th Anniversary of the murder of Ken Saro-Wiwa and his eight colleagues: Baribor Bera, Saturday Dobee, Nordu Eawo, Daniel Gbokoo, Barinem Kiobel, John Kpuinen, Paul Levura and Felix Nuate. They were all executed by the State of Nigeria for campaigning against the devastation of the Niger Delta by oil companies, especially Shell, in collaboration with the government. These nine martyred men represented the “Movement for Survival of the Ogoni Peoples”.

Ken Saro-Wiwa was an academic, civil servant, businessman, author and, most importantly, at his death, a community activist. In 1990, Saro-Wiwa started to dedicate himself to the amelioration of the problems of the oil producing regions of the Niger Delta. Focusing on his homeland, Ogoni, he launched a non-violent movement for social and ecological justice – the Movement for Survival of the Ogoni Peoples (MOSOP). In this role he challenged the oil companies and the Nigerian government accusing them of waging an ecological war against the Ogoni and precipitating the genocide of the Ogoni people. He was so effective that, by 1993, the oil companies had to pull out of Ogoni land. This cost him his life. Ken and his comrades were sentenced to death by the Nigerian military regime and were executed in 1995.

The world marked this 10th anniversary of the killings with a global day of remembrance. In South Africa this day was commemorated by the holding of vigils outside various petrol stations in Johannesburg, the Vaal Triangle, Secunda, Durban and Pietermaritzburg, as well as outside the Shell Head Quarters in Cape Town.1 We hoped that through these vigils people in the street would start to start ask questions about who Ken Saro-Wiwa was and why he was killed.

The Ogoni Solidarity Forum and Earthlife Africa Cape Town protested outside the Shell Head Office in Cape Town. Shell people were clearly embarrassed by the peaceful vigil at the opening hours of the office and some rushed in hurriedly to not confront those holding vigil. In Pietermaritzburg, things turned nasty when the owner of a local Shell fuel station harassed those holding the vigil and pulled away their posters. Police were called in to monitor the situation. In Durban, the protest went off peacefully and people who received pamphlets with the story of Ken Saro-Wiwa’s death, were welcoming of the information.

Other events were organised on this day in the UK, Nigeria and the Netherlands.

London’s South Bank was the centre of activity in the UK where a memorial service was held and attended by Ken Wiwa, son of Ken Saro-Wiwa. Various organisations, including Friends of the Earth England, Wales and Northern Ireland, are working towards developing a living memorial for Ken Saro-Wiwa. Sculptor Sokari Douglas Camp and Artist Siraj Izhar were chosen to develop two living memorials from various submissions made by a number of artists. Camp will make a stainless steel sculpture of a Nigerian bus, decorated with texts from Ken Saro-Wiwa’s writings and Izhar will suspend helium-filled representations of a c60 carbon molecules above various locations in London, paralleled by a Living Memorial website.

In Nigeria, Environmental Rights Action (Friends of the Earth, Nigeria) released a publication documenting the lack of improvement in the environmental conditions in the Niger Delta and the role of oil companies - especially Shell - in the destruction of peoples’ environments.2 The report details Shell’s environmental and social impacts in the Niger Delta and shows that the Niger Delta environment “has not fared any better since those dark days but rather that the forces of oppression have become entrenched and, in some cases, have become far more brutal than could have been imagined a decade ago”.

The damage in the Delta continues after the death of Ken Saro-Wiwa. There has been continual repression of people in the Delta region, which has resulted in deaths, rape, torture and inhumane treatment, as well as continual ecological devastation and the destruction of peoples’ livelihoods. As a result of state repression, many Ogoni’s have fled to Benin where they are refugees. Shell managers have recognised that there is corruption in Nigeria and that their oil operations in Nigeria are causing widespread environmental damage.

It has not only been the Ogoni people resisting Shell and big oil - there are other peoples in Nigeria such as the Ijaw that have also resisted the exploitation of their environments. Various prominent bodies such as the UN High Commission for Refugees, the US State Department, United Nations Environment Programme, Human Rights Watch and Amnesty International have raised concern about human rights abuses in Nigeria. The Nigerian State has refused to release the body of Ken Saro-Wiwa for appropriate burial.

These abuses all resonate with the struggles in south Durban where Shell supported the apartheid state during sanctions, whilst this illegitimate state disposed millions of people of their birthright to their land, and tortured and killed its citizens. South Durban residents and organisations have for many years challenged Shell on its pollution. Shell has admitted to under-reporting its pollution and of using different standards in its operations in south Durban as in the UK. Shell’s leaking fuel pipelines have leaked more than 1 million litres of fuel into the community neighbourhood under peoples homes. Shell has regular incidents and accidents that have resulted in heavy pollution falling onto the community.

Together it is hoped that we can work anually on 10th November, the Global Day of Action for Environmental Justice, in order that the deaths of Ken Saro-Wiwa and his friends are not forgotten and that people globally start uniting for environmental justice and a new global development paradigm based on equity.

1. The vigils were supported by groundWork worked with the Ogoni Solidarity Forum, Earthlife Africa Cape Town, the South Durban Community Environmental Alliance, the Vaal Environmental Justice Alliance, Voice of the Voiceless, Jubilee South Africa, Greater Edendale Environmental Network, EJNF Energy Task Team and various other organisations and individuals.

2. The Shell Report: Continuing Abuses-10 Years After Ken Saro-Wiwa”, by Environmental Rights Action (ERA)/Friends of the Earth, Nigeria, is reviewed on page 20 of this newsletter.

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Air Quality

Linking Communities – The groundWork National Exchange to Rustenburg

By Siziwe Khanyile

Environmental community activists from South Africa, Zambia and Angola gathered in the platinum mining town of Rustenburg in November to learn and share experiences on how to challenge injustices by transnational corporations.

Rustenburg is located in the North West Province, near the Magaliesberg Mountains, within the Bafokeng kingdom and boasts the world's second-largest platinum deposits. The Royal Bafokeng people receive royalties from the mining houses, some of which they utilise to create scholarship programmes and to build schools, roads, clinics and other infrastructure.

Corporate social responsibility

Our group visited the Impala Platinum Mine where we were taken on a surface tour of the mining grounds and given a lecture on their mineral processes as well as their corporate social responsibility (CSR) programme, which includes educational projects (particularly to develop mathematical and science skills) and the building of healthcare facilities. The company claims to be committed to projects that uplift communities in those areas where the mining operations are located.

This is all well and good. However, from the various experiences of the group, many of whom live on the fence line of industrial operations, as well as from the opinions and experiences of Rustenburg residents, the negative environmental impacts imposed by industrial operations outweigh the seeming good that corporations are doing. People’s health is negatively affected and, in the group’s experience, companies do not compensate for these pollution-related illnesses. In Rustenburg, where mining takes place under people’s homes, structural damage to housing is perceived to be directly linked to mining. Companies have a duty to make profits, but this is very often at the expense of people who live near these operations.

Most of those in the group felt that South African industries’ CSR programmes do not even begin to address the negative impacts of their polluting operations on communities, but instead they compensate or “ease their consciences” with donations or sponsorships which do not deal with the root causes of the problems and concerns experienced by affected communities.

Engaging industry

On one of the days, we had a presentation from the North West Chief Air Pollution Control Officer (CAPCO), Witold Bryszewski, who, in accordance with the Atmospheric Pollution Prevention Act, 1965, issues registration certificates in respect of listed activities. The North West CAPCO is widely recognised for effectively managing scheduled trade industries in the province. He takes ownership of setting pollution limits, and says that in his position as CAPCO, scheduled processes have reduced pollution by 10-20%. He believes that scheduled processes need to be managed, rather than policed.

We also held discussions with Chris de Bruin, a metallurgical engineer and director of the North West Eco Forum. His strategy for engaging industry on pollution reduction is to offer technical advice and work towards developing a “trust” relationship with plant and mine managers to bring about solutions.

Both Witold and Chris have successfully engaged with industry in the North West Province and pollution levels in Rustenburg have been significantly reduced. For example, the mining houses in the area emitted 450 tonnes of sulphur dioxide a day in 2003, but they have now reduced this to 50-60 tonnes per day.

The role of the municipality

One of the most important requirements of the new Air Quality Act is the development of Air Quality Management Plans at national, provincial and local government levels, which plans, inter alia, must seek to: improve air quality within the domain of the relevant sphere of government; identify and reduce the negative impacts of poor air quality on human health and the environment; address the effects of emissions from the use of fossil fuels in residential applications; and address the effects of emissions from industrial sources.

The Rustenburg municipality has developed an Air Quality Management Plan (AQMP) which forms part of the municipality’s Integrated Development Programme (IDP). The AQMP includes the collection of information, the classification of emission sources, a dispersion-modelling case study and recommended emission reduction strategies. They have also identified a need to develop skills for effective implementation and consequently the training of designated staff has already begun.

In order to reduce air pollution the municipality has put forward strategies for each source of pollution. These include scheduled processes, domestic fuel burning, mine tailings, transportation, smaller industrial sources, landfills, agriculture etc. An ambient air quality monitoring network will also be developed and implemented within the municipality, and during each process, involve all stakeholders.

Impressions from the communities

In discussions with some members of the communities represented at the workshop, it was apparent that their capacity to lobby both government and industries is greatly compromised for a variety of reasons including their limited access to information and/or expertise. They also expressed concern that much of what the mines are doing in relation to corporate social responsibility does not really extend to all areas, and mainly benefits employees of the mines. They feel that they have been ignored when decisions are taken which directly impact upon them and their health, including decision-making by the CAPCO of the North West whom they feel needs to have a process of community engagement.

Ultimately, it is a fact that, regardless of where you live on the African continent, or what form of industrial activity is taking place next to you (or underneath you), the behaviour of corporations is the same. Civil society groups therefore needs to strengthen their ties, learn from one another and together work towards improving the situation in the neighbourhoods of industrial and mining activity.

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Air Quality

Finally, Shell CEO meets with fence line communities

By Siziwe Khanyile

The Chief Executive of the Royal Dutch/Shell Group, Jeroen van der Veer, as well as other high-level senior managers, recently met with a delegation of representatives from communities neighbouring some of Shell’s global operations. The meeting took place on 8 December 2005 in Amsterdam after communities pressed Van der Veer for such a meeting. Representing the south Durban community, as well as groundWork, at this meeting will be Desmond D’Sa, Chairperson of the South Durban Community Environmental Alliance (SDCEA). The community delegation also included representatives from Nigeria, Curacao, Texas and Brazil.

Up until now the attitude of the senior Shell management has been that “the only way to understand and resolve local issues is through constructive dialogue between local communities and local Shell management”. However, it has been the experience of local communities that dialogue with local Shell managers has been unproductive and insufficient to solve the problems. It was also found that many of Shell’s neighbours around the world were experiencing similar problems.

Thus, several of the communities neighbouring some of Shell’s worst operations around the world joined together to form the Shell International Corporate Accountability Campaign. This international campaign is dedicated to the protection of the environment and of communities who live near Shell’s production facilities. At Shell’s AGM in June this year, the international campaign pressed Van der Veer to personally meet with the fence-line communities and hear first hand what are their grievances and demands.

At the meeting with Van der Veer the community demanded the following of Shell:

  • Top management designees (not reputation managers and community relations staff) must open a direct line of communication and sustained ongoing engagement with the fence line delegation in order to make progress on these issues (Shell agreed);
  • Shell should install real time, fence line air monitors at all its operations because they are reliable, community-friendly and inexpensive (Shell agreed to consider this);
  • Shell must agree to objective criteria for engaging the right stakeholders in fence line issues (Shell refused);
  • Shell must commit to a time-bound schedule with fence line groups in each location to bring ageing facilities up to the standards of their best facilities such as Frederischa, Denmark (Shell refused);
  • Shell must establish a joint process to determine responsibility for contamination from operations (Shell refused); and
  • Shell must erase double standards in their operations in developed nations versus developing nations (disagreement upon the facts).

It was agreed that, prior to Shell’s April 2006 AGM, the communities will report both to Shell and the public on what progress has been made with these issues. It is unfortunate that history has taught us to be very sceptical about such meetings. However, we hope that whatever motivated Mr. Van der Veer to agree to meet with the communities will also motivate him to take their demands seriously and to act accordingly.

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Waste

Different solutions:
The Bisasar landfill, transfer stations and the “Left” in the slums

By Llewellyn Leonard

“We are recycling not only to protect the environment, but for economic reasons as well. Disposal is simply too costly and too dangerous. The challenge is to redirect the flow of raw materials going to landfill into strengthening our declining local economies. The solution to pollution is self-reliant cities and counties.” Neil Seldman, Institute for Local Self-Reliance


The practise of recovering waste has grown out of decades of community-driven recycling efforts. These have been motivated by a desire to bring about environmentally and economically sound and sustainable options for disposing of waste, rather than relying on polluting incinerators and landfills. Zero Waste is a guiding principle that says that waste is not natural and that the creation of waste can be prevented by proper design, policy and advocacy efforts. Landfill sites have limited lives and therefore there are many municipalities planning new dumpsites, incinerators, transfer stations or carbon trading schemes, all at great cost. But none of these will achieve the 2001 Polokwane declaration waste reduction goal of “Zero Waste” by 2022.

Valuable products and/or materials that are disposed at landfills are lost when they could instead be recovered and put back into the human economy. The Bisasar Road landfill in Durban, like many landfills, is situated in a black neighbourhood and has a history of poor operation, which includes toxic leachate leaks, bad smells, emissions containing toxic particulates, gas explosions and fires. It is operated in a haphazard manner with self-employed “recyclers”, waste and machinery co-mingled in confusion with no clear guidelines. The operation of dangerous equipment such as compactors is risky for recyclers and at least one recycler from the neighbouring informal settlement has been crushed by a compactor in the past. These are unacceptable practices and the community and self-employed “recyclers” have been at risk for far too long at the expense of profits by industry.

eThekwini Municipality: Waste Transfer Station

TheThekwini Municipality is proposing to set up a Waste Transfer Station (WTS) at Electron Road, 1km from the Bisasar landfill site. The waste transfer station would be a collection point for waste and would simply entail compaction and containerisation of waste prior to bulk transport to the proposed new Buffelsdraai landfill site, North of Durban. The proposed WTS facility does not include recyclers or the recovery of re-useable materials in its design.

Whilst on the one hand there are some neighbouring residents who want the site closed as soon as possible because of problems with toxic emissions and odours, the neighbouring Kennedy shack dwellers are opposed to the landfill closing down since they eek out an existence from it. The city has taken this opportunity to strategically divide the community and have argued that the landfill does create a livelihood for the shack dwellers and therefore should possibly not be closed. While it is true that the landfill does create some employment, the few jobs created are neither long term nor safe.

The question remains: what will happen to the Kennedy residents and other informal dwellers if the landfill had to close? One solution is for the city to employ some of the Kennedy shack dwellers at a formal waste recovery facility, thus providing them with stable incomes and other employment benefits. However, it would appear that the city would like to keep the Kennedy residents off the city's pay roll and outsource this process or privatise it.

The solution: Resource Recovery Facility

One sustainable alternative, which has not been explored by the city, would be the creation of a Resource Recovery Facility (RRF). groundWork has been working with the neighbouring informal shack dwellers (Kennedy residents) to motivate for a formal RRF. Resource recovery seeks to redesign the way resources and materials flow through society, taking a “whole system” approach. It is both an “end of pipe” solution that maximises recycling and waste minimisation and a design principle that ensures that products are made to be reused, repaired or recycled back into the marketplace or nature. An RRF owned by the community would create opportunities for increased civic participation and sustainable employment.

Benefits of an RRF for the community:
  • Communities would become part of regional solution to waste management, which includes well established programs for reduction, recycling, reuse and even composting and building material recycling.
  • Resource conservation – There is a growing understanding of the need to conserve natural resources and to protect land, water and air from the impacts of waste.
  • Destruction of natural resources – Landfills destroy vast quantities of valuable reusable resources and as such are not sustainable. With an RRF communities would be able to recover and utilise the full value of natural resources and full utility of products and materials that would otherwise be lost in a landfill.
  • Community safety – Landfills are not safe for recyclers, as mentioned above. The community, therefore, has the greatest vested interest in safety and the incentive to push the city to create a safer resource management system operated in a structured manner.
  • Job creation – An RRF offers job creation for community members through waste recovery and collection. Waste recovery in turn helps to reduce waste disposal costs, environmental impacts and possibly the costs of importing new materials.
  • Recycling market – An RRF would possibly create markets for buyers and sellers and increase revenue for the community.
    · Cleaner production – The principles of cleaner production could be extended into society as a whole.
Conclusion

Many communities around the world, such as in the US, New Zealand, the Philippines and the UK, have pushed for RRFs in place of traditional waste transfer stations to the benefit of the community. A RRF was set up for the residents in Berkeley California a few years ago and currently employs about 40 people who variously collect, sort, bale and prepare the recovered material for various mills or export. The RRF also purchases material from the community, which is an additional economic benefit.

Finally, it must be the responsibility of the city to design and construct an RRF together with full community participation and input into the process. If communities are included in decision-making processes and their contributions are not undermined, government can ensure that some of its promises – such as those around job creation - will be realised and this will instil confidence in community perceptions around government delivery. It is hoped that profits are not put before people and that the city finds solutions to waste management that are of community benefit - or else we will be seeing many more marches against an incompetent government.

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Groundwork USA

Conflict and Development

by Toussaint Losier

Below is an excerpt from an interview with Dimeari Von Kemedi, a grassroots activist in the Ijaw communities of the Niger Delta. Kemedi was a member of the recent nine-city Price of Oil tour launched by the US advocacy group, Oil Change, Amnesty International, and other to raise awareness and commemorate the tenth anniversary of the execution of Nigerian activist, Ken Saro-Wiwa. During an hour-long interview, Kemedi spoke about a range of issues, particularly focusing on the militarisation of conflict in the Niger Delta since the Saro-Wiwa execution and the U.S.’s increasing interest in West African oil.

“I was from Rivers state, now Bayelsa, because the states split. I got involved in activism mainly inspired by the situation my people, the Ijaw people, and at that time, more specifically, the Ogbia clan of the Ijaw people, were confronted with. I come from Ogbia, where the first oil well was found in a place called Oligbre. At the time, I was in University, I was part of a group, called the Movement for the Reparation for Ogbia, that basically sought relief from Shell and reparation, which we argued, should be paid to our people because throughout the time the Olibre oil well was producing, the people did not benefit from it and the environment also needed some cleaning up. We started this campaign against Shell and the federal government, the NNPC, which is the federal government oil company.

Because of this campaign, myself [and] others from Oligbre, met Ken [Saro-Wiwa] who was also carrying out a similar but obviously more visible campaign in Ogoni. After the hanging of Ken, I was also part of the people who started the commission of the Environmental Rights Action. I also helped to bring journalists from all parts of the world into Ogoni at a time when it was very difficult for Ogoni activists to operate. But as an Ijaw, it was easier for me to organise these journalists. Obviously the contact that I had with journalists and human rights and environmental rights organisations from all over the world exposed me to a global perspective on oil and environment. I therefore became very much interested in these issues.

In 1998, some of my colleagues and friends and I formed an NGO we called Our Niger Delta. One of our major concerns was to address some of the developmental and conflict issues associated not just with oil production but life in the Niger Delta. I also worked briefly for another NGO called Niger Delta Wetlands Center, which basically concentrated on conservation. With time, Our Niger Delta became more focused on conflict issues. I also spent the latter part of 2003 at the University of Berkeley, doing research with academics and civil society groups exploring various ways of addressing the issues of conflict and development in the Niger Delta. Right now, we have several interesting research and intervention projects around issues of conflict and development in the Delta.

In a paper titled “Communal conflict in the Niger Delta: Policy failure or Petrol Weapon?” I [showed] the centrality of the role of the oil industry in conflict in the Delta. In that respect, it’s also very clear that development and conflict are intricately linked, either in terms of the lack of development fueling conflict or undemocratic access to resources fueling conflict. Of course, that work was largely influenced by the way we thought in Our Niger Delta. On the other hand, Our Niger Delta was also influenced by that work.

I think first it became clear after the hanging of Ken Saro-Wiwa, that, at least in the minds of a lot of young people in the Delta, the only language which the federal government and the oil companies understand is the language of violence, and that if you pursue a non-violent struggle, you end up dead like Ken Saro-Wiwa. This created a situation where young people began to favour violent approaches to resolve their conflict - in other words, using arms as an instrument for resolving conflicts in their favor.

You also have many youths engaging in violent companies because that is what the companies respond to. They face a more visible threat. But in the end, hardly anything gets resolved. What’s even worse is that very little attention gets paid t to the everyday nonviolent resistance. Nobody is listening to nonviolent resistance. Violence is rewarded while non-violence is not rewarded. In the end, the people who are most affected by the actions of the oil companies are not sure whether to support [Ijaw militia leader] Adaki Asari’s guns example or Ken Saro Wiwa’s nonviolence. Many of the local leaders have contributed to this problem by remaining disconnected while their youth exercise a monopoly on the use of violence. And as a whole, the divisiveness of Nigerian politics, from the struggle for Yoruba autonomy in the southwest, to the Biafran conflict in the southeast, to the question of Shiara law in the North, these conflicts remain, while the deeper, more complex issues get swept under the rug.

Right now, the U.S. is focusing a lot on the Gulf of Guinea and I imagine that even the oil companies are starting to organise themselves around that [oil pipeline]. Not just as Nigeria, or Sao Tome, Guinea, all that. But the people themselves are not organising themselves that way. So I think it will be interesting for somebody, I don’t know who that person will be, or some group to organise along these lines. Obviously, it will probably be an expensive thing. Activists, journalists, whatever you may call them, whatever sort of people. So that the people will begin to see themselves [as one], to look at what’s happening in Sao Tome and Principe, what’s happening in Nigeria, what’s happening in Angola. If the U.S. and the oil companies, both of which are very powerful forces, are beginning to organise themselves in that regard, then the communities, NGOs, civil society, keep seeing themselves as working in the Niger Delta, or working in Angola, or working in Sao Tome, I think they will not be as stringing as they could be if they understand what is happening in all these places.

Those who want to look at Angola should look at Angola within the context of the Gulf of Guinea. Those who want to look at Nigeria should do the same and all that.

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Air Quality

Controversy surrounds use of fuel additive

By Andy Birkinshaw, Table View Residents’ Association

How does respond when one hears about a toxic chemical which is about to be released into our environment – a chemical that is in fact so toxic that there are literally hundreds of web pages dedicated to information on its toxicity, health effects and the history of its use?

The first we heard about this chemical - METHYLCYCLOPENTADIENYL MANGANESE TRICARBONYL (MMT), a fuel additive used as an anti-knocking additive - was in the local press. A small advert, almost concealed amongst the articles, advised that the Chevron refinery was engaged in an Environmental Impact Assessment (EIA) for the installation of a new tank to store MMT.

The harmful and/or deleterious effects of MMT on vehicle emission control systems renders the entire campaign around cleaner fuels ludicrous as the implied goal of the cleaner fuels programme is to reduce the negative health impacts of tail pipe emissions, whereas MMT will guarantee its non-attainment.

MMT poses a significant threat to both environment and health. Its use poses a threat to motorists, and to the public at large including the surrounding refinery communities. MMT is a known irritant to the respiratory system. The City of Cape Town reported recently that the total direct health costs related to pollution from fuel usage and inhalation exposures were estimated to be in the order of R929 million per annum. This estimate includes medical expenses only and excludes related costs such as loss of earnings and loss in production. Do we need to add to this by releasing more toxic chemicals with known respiratory effects?

To make sensible decisions regarding toxic chemicals, it is clearly preferable to have a complete picture of the kinds of health and environmental health risks a chemical poses. If we want to avoid "environmental surprises" regarding the use or release of toxic chemicals a thorough investigation based on our constitution must be carried out.

The manufacturer of MMT went to the US courts 4 times before an appeal was heard that overturned the government’s original decision not to allow its use. And this was because of a loophole that only emission effects were to be taken into account and not the negative health issues. Canada was forced to allow its use because of a treaty with North America called "The North American Free Trade Agreement" (NAFTA). A secret tribunal heard the case and allowed its use. Secret tribunals and loopholes in law! Do we really want what everyone else didn't!

Today California does not allow MMT and Canada has reduced the use of MMT dramatically. The question is: why do we have to use MMT when there are other fuel additives that can be used?

Cape Town based Chevron refinery says that MMT is the easiest to use. Apparently it has been used in the Highveld since 2000 and in coastal refineries since 2002 – 2003. Current consumption in South Africa is 270 mega tons per annum from 6 dosing facilities.

The increased use of this highly toxic chemical may produce results that will bring our fears to reality. South Africa has many informal vehicle repair shops where parts are washed in petrol and then this petrol is poured down the drain. The pumps at filling stations allow the vapours of petrol to escape while the vehicle is refuelling, exposing pump attendants and motorists.

Maybe, quicker than we think, the mistake will be realised. Until then we hope that government has the necessary infrastructure and legal resources to cope with all the action suits that are bound to come in the future. After all, as the South African based refineries state: "The government stipulates the fuel specifications, the refineries just manufacture.”

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Community News

Growing unity in the Vaal

By Bobby Peek

On the 19th October 2005, communities in the Vaal Triangle, South Africa’s number one pollution hotspot and petrochemical industrial base, launched the Vaal Environmental Justice Alliance, a.k.a VEJA.

In recent years there has been an emergence of various community groups and residents challenging various environmental injustices in the Vaal Triangle. Some of the main issues tackled have been: water pollution from steel giant Iscor (now owned by Mittal Steel); a new hazardous waste incinerator being proposed by Peacock Bay Environmental Services; alleged poisonous and inhuman working conditions, lethal respiratory illnesses, forced retrenchments, miserable compensation and forgotten medical aid at Samancor, a steel manufacturer in the area ; and pollution, worker deaths and injuries at various Sasol plants.

Bringing all of these struggles together, VEJA was launched in a packed community hall in Sebokeng on 19th October – the date on which, in 1977, black political organisations struggling for political freedom were banned. This date was chosen for the VEJA launch to signal that the struggle for freedom from pollution is equally important in a free South Africa.

VEJA aims to secure environmental and social justice for the people living in Vaal Triangle and to fight for the delivery of our collective rights guaranteed in the South African Bill of Rights, such as access to information and public participation. VEJA affiliates include the Vaal Working Class Coordinating Committee, the Boipatong Environmental Working Group, the Sasolburg Air Quality Monitoring Group, Steel Valley Crisis Committee, Justice and Peace, Bophelong, African Genesis Environmental Heritage Club, Friends of Steel Valley, Louisrus Belangings Groep and NUMSA, and is supported by the Group for Environmental Monitoring, groundWork, Khanya College, Earthlife Africa and the Environmental Justice Networking Forum (EJNF).

The key to VEJA’s success is that is encompasses black and white, labour and residential, local and national, red and green, civil society organisations! Aluta Continua!

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Community News

Eskom’s Poorly Built Mistaken Reactors (PBMR)

By Olivia Andrews, Campaigner at Earthlife Africa

There has been a move to increase nuclear power within South Africa with Eskom's proposals to build a Pebble Bed Modular Reactor (PBMR) demonstration plant at Koeberg, near Cape Town. Eskom plans to then build at least 10 of these reactors around South Africa and to export over 200 others worldwide. But it is difficult to see how Eskom’s projections are likely to be met by a supply technology that is yet to get off the drawing board, does not have necessary government legal approvals and is still desperately seeking investors. The demonstration model is expected to be ready by 2013 and this project is now officially ten years behind schedule.

Earthlife Africa (ELA), represented by the Legal Resources Center, took the Department of Environmental Affairs and Tourism (DEAT) to court in January this year over DEAT’s decision to approve the PBMR Environmental Impact Assessment (EIA). We won the case with the court finding that the EIA process was fatally flawed and DEAT’s decision was overturned.

Insufficient information had been put forward by Eskom to enable any meaningful participation in this EIA, including issues of safety as well as the economic case for the PBMR. ELA requested this information and Eskom refused on the grounds of commercial confidentiality. However the public has a right to know all the risks and impacts in full as it is the taxpayers who will be funding the project.

Earthlife Africa subsequently took Eskom to court in August this year in an attempt to gain access to information regarding the PBMR under the Public Access to Information Act. The judgement is still to be made. During this case ELA received some information from Eskom, which Eskom then claimed contained trade secrets and was given to us by mistake. Eskom obtained an interdict preventing ELA from publishing, disseminating or otherwise dealing with the information we had received in a desperate attempt to undo their mistake.

Having seen these documents, ELA believes that they contain vital information that should be made available to government and the public, but we now cannot reveal what was in those documents as we have been silenced “apartheid-style”.

More recently Eskom has decided to increase the output of the Demonstration Plant from 302 to 400MW (thermal). This will result in changes to the proposed layout, fuel requirements, etc, which requires a completely new EIA process, including public scoping, to be conducted. Interested and affected parties will have another opportunity to participate and comment on the PBMR and then the Department will make a new decision. However, the consultants used in the first, flawed EIA process are being used again the second time around - just under a different name!

The PBMR project is many years behind schedule and costs are escalating alarmingly. R2 billion has already been spent and it is expected to cost another R12 billion. No orders have been placed and no foreign investors have been found. Parliament recently approved the expenditure of an additional R580 million on the PBMR, yet the EIA has not even been completed! The DEAT commissioned a feasibility study by an International Panel of Experts on the PBMR in 2002, which has yet to be published.

The Legal Resource Centre commissioned an economic study on the PBMR by Steve Thomas, a member of the International Panel of Experts and a senior research fellow at the University of Greenwich. His paper has been peer reviewed by the ex-USA Nuclear Regulatory Commissioner, who has supported his conclusion. His conclusion is that the project is financially risky and entails a significant risk of wasting a substantial amount of public money. Further expenditure needs to be carefully and independently appraised to prevent wasting money on a white elephant that is already likely to cost 12 times more than originally stated to Parliament.

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In Brief

Environmental decay creating refugees

A deteriorating environment could create about 50 million refugees, according to a report by the UN's Institute for Environment and Human Security. Desertification, rising sea levels, famine, flooding and storms linked to climate change will likely displace tens of millions of people, according to the report.

It is estimated that already about 20 million people have been displaced by problems linked to a damaged environment, particularly in sub-Saharan Africa, India and Asia. An example is the Gobi desert in China, which is expanding by more than 10,000 km2 a year.

The Institute urged acceptance of the idea that "environmental refugees" - people displaced by environmental degradation - would be eligible for food, tools, shelter, medical care and grants in line with political refugees fleeing war or oppression at home. (Source: Reuters )

Engen fined for pollution

The Engen refinery in south Durban has paid a R10,000 admission of guilt fine for exceeding WHO (World Health Organisation) air pollution guidelines in neighbouring residential areas.

Engen was prosecuted under the eThekwini City's Scheduled Trades and Occupation by-laws. If Engen had been prosecuted under the new Air Quality Act there could have been much higher fines or even prison terms of up to 10 years. (Source: Independent Newspapers)

Old PC's littering Africa

Much of the old computer equipment sent from the US to developing countries, supposedly for use in homes, schools and businesses, is unusable and is being sent by US recycling businesses wanting to dodge the expense of having to recycle it properly. This is according to a report produced by the Basel Action Network (BAN) entitled "The Digital Dump: Exporting Reuse and Abuse to Africa".

The report says that the dumping of old computers on countries such as Nigeria is creating enormous environmental problems. It is estimated that more than 63 million computers in the United States will become obsolete in 2005. An average computer contains lead, flame-retardants and cadmium, all of which can be toxic to the environment and humans.

In 2002, the Basel Action Network was co-author of a report that said 50 - 80 percent of electronics waste collected for recycling in the United States was being disassembled and recycled under largely unregulated, unhealthy conditions in China, India, Pakistan and other developing countries.

The new report estimates that a total of about 400,000 used computers arrive in Nigeria every month. About 75% of this equipment is unusable and neither economically repairable or resalable. Nigeria lacks an infrastructure for electronics recycling, thus the equipment often ends up in landfills, where toxins in the equipment can pollute the groundwater and create unhealthy conditions. (Source: Basel Action Network)

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Publications

“The Shell Report: Continuing Abuses-10 Years After Ken Saro-Wiwa”, by Environmental Rights Action (ERA)/Friends of the Earth, Nigeria, November 2005

November 9, 2005 marked the 10th anniversary of the hanging of Ken Saro-Wiwa and eight other leaders of the Movement for the Survival of Ogoni People (MOSOP), in Nigeria in 1995. The nine were hanged for their non-violent but successful campaign to oppose the destructive activities of oil companies – particularly Shell – in the Niger Delta.

To mark the anniversary, Environmental Rights Action (ERA)/Friends of the Earth Nigeria (FoEN) released a report detailing the environmentally and socially destructive practices of the Shell oil company in the Niger Delta. The report uses case studies from communities in the Niger Delta area to expose continuing abuses by Shell in the past 10 years. It examines the role of oil companies - especially Shell - in the destruction of peoples’ environments and livelihoods, and the consequential breakdown in social norms and values.

The report, which is very much written from a community perspective, details how Shell continues to use obsolete facilities, burns down forests and community farmlands, persists with the wasteful and polluting process of flaring gases and how oil spills and blowouts have become commonplace. It concludes with recommendations, such as the need for legally binding and internationally enforceable laws to protect peoples of the world from the abuses of Shell and other transnational corporations, rather than allowing these corporations – many of which are wealthier than whole countries – to adopt voluntary codes and be left to regulate themselves.

Significantly, five days after the release of this report, the Federal High Court of Nigeria ruled that the damaging and wasteful practice of flaring by all the major oil companies in Nigeria, including Shell, cannot lawfully continue and must stop immediately.

An electronic version of this report is available on: www.eraction.org.

“Trouble in the air: Global warming and the privatised atmosphere”, edited and published by the University of KZN’s Centre for Civil Society and the Trans National Institute

What I hate about the climate change debate is the fact that people often make it so technical. Finally, a refreshing publication has been presented to the South African public that breaks this mould, and attempts to make link fence-line battles with global debate - a strategy that is critical to the manner in which groundWork operates.

This book is a compilation of writings from community environmental justice activists, policy analysts and non-government organisations who are all working on climate change issues in particular and on environmental justice issues in general.

It questions Kyoto and its various mechanisms to manage climate change gasses, such as emission trading and cleaner development mechanisms (CDM’s), it reviews South Africa’s role within this process, focuses on the oil industry and proposes through the Durban Declaration, to condemn carbon (pollution) trading, which offers civil society another way of organising around climate change.

For all those of us in South Africa – and globally – that do not have time to spend on reading tomes of technical jargon, get this publication and dedicate time to it before you next debate climate change.

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