1 Non-judicial Remedies: Learning Lessons from Chevron’s GMOU Renegotiation By Austin Onuoha Executive Director Africa Centre for Corporate Responsibility (ACCR), Warri, Nigeria

2 Guiding question When people are in distress, what are the avenues for redress?

3 Background : Global Memorandum Of Understanding (GMOU) Started in 2004/5 Started in 2004/5 In 5 states of the Niger Delta In 5 states of the Niger Delta 425 Communities 425 Communities 850,000 population 850,000 population Was to address “production disruption and ‘unsustainability’ of previous community engagement initiatives” Was to address “production disruption and ‘unsustainability’ of previous community engagement initiatives” It was a flexible process It was a flexible process

4 Comparison between old & New Old MOU MOU signed with one community MOU signed with one community No governance structure No governance structure No partnership No partnership Exclusive Exclusive Ad hoc Ad hoc Task & target approach Task & target approach New GMOU MOU signed with a cluster of communities Strong governance structure Participatory partnership Inclusive Long term & sustainable Principles-driven

5 Lessons from the Renegotiation GMOU not legally binding GMOU not legally binding Extensive use of Early Warning & Conflict Prevention Tools Extensive use of Early Warning & Conflict Prevention Tools Many people were involved Many people were involved Built the capacity of stakeholders Built the capacity of stakeholders Carried out amendments where necessary Carried out amendments where necessary Renegotiation was process-driven- conception, initiation, negotiation, implementation & evaluation Renegotiation was process-driven- conception, initiation, negotiation, implementation & evaluation Multiple levels for seeking redress Multiple levels for seeking redress Widely publicized as a strategy to address the findings of the evaluation Widely publicized as a strategy to address the findings of the evaluation

6 What to look out for in operationalization Is the provision for non-judicial remedy explicit? Is the provision for non-judicial remedy explicit? Are the people aware of the existence of the mechanism? Are the people aware of the existence of the mechanism? Has the body been constituted? Has the body been constituted? Are the parties using it? Are the parties using it? Have the personnel been trained? Have the personnel been trained? Have their performance been evaluated? Have their performance been evaluated?

7 “operationalization” contd. Is the mechanism clear about roles & responsibilities? Is the mechanism clear about roles & responsibilities? Are there other mechanisms- provision for appeal? Are there other mechanisms- provision for appeal? Is the emphasis on participatory partnership or ………? Is the emphasis on participatory partnership or ………? Is the roll-out process open and transparent? Is the roll-out process open and transparent? What principles and values does it encapsulate? What principles and values does it encapsulate?

8 One Final Thought “In discussing the GMOU and their Community Engagement Process, Chevron Nigeria no longer talks about figures but about inclusiveness, capacity, cost- effective/efficient project delivery, zero- tolerance for corruption, gender- sensitivity, community responsibility, development and participation”