The civil society and the regulation of the extractive industry in Nigeria

Abstract

This article focuses on the role of civil society organisations (CSOs) in impacting on trends and developments in the extractive industry in Nigeria. For example, CSOs take on the government to promote accountability and probity in the management of the sector that is beset by ineffectual regulation; alleged collusion with multinational corporations having as consequences environmental degradation and human rights abuses; and, ineffective judicial processes, among other things. On the other hand, CSOs are increasingly beginning to play prominent roles in collaborations with extractive corporations in the initiation and management of development programmes. In a nutshell, this paper aims to engage with both theoretical (based on the Hood et al conceptualisation of a regulatory regime, which encompasses information gathering, standard setting and behaviour modification activities) and practical frameworks (such as litigation, collaboration and pressure by CSOs) that explain the evolution of CSOs and their "regulatory" roles in Nigeria's extractive industry. Civil society and civil society organisation are used interchangeably.

International advocacy NGOs, counter accounting, accountability and engagement

“…This was amplified using a range of counter-accounts produced by iaNGOs (Amnesty International, 2009, 2015aChristian Aid, 2004; Friends of the Earth, 2011; UNEP, 2011). The reaction to the Ogoni 9 execution escalated what was a regional partisan campaign into a series of high profile international campaigns for; human rights; greater accountability; environmental protection; social justice; corporate responsibility; effective governance; and sustainable development (Ako, 2015;Ako and Ekhator, 2016;Baumuller et al, 2011;Conway, 2010;Gray and Gray, 2011;Ruggie, 2013). 9 Since the 1990s different aspects of the governance and actions of the oil industry in the Niger Delta have been subject to challenge and problematisation through campaigns involving counter-accounts.…”

CSO and Media Contributions to the Fight Against Corruption in Ghana’s Extractive Sector: A Political Economy Analysis

“…In Ghana,the Right to Information Coalition championed the passage of the RTI bill to law, the Media Coalition Against Galamsey and the Alliance of CSOs working on Extractives, Anti-Corruption and Good Governance have played a key role in educating th public and halting the Agyapa Gold royalties deal [32]. This nding con rmed by Ako and Ekhator [33] who identify that by forming coalitions and seeking legal action CSOs in uence and make a government more responsive to their request.…”

Mnoc's Level of Engagement With Human Rights Obligations in Transnational Litigations From the Niger Delta

“…The high-profile nature of the Wiwa v. Shell litigations drew attention to Shell and its subsidiaries operating in the Niger Delta, pushed the human rights and environmental violations in the Niger Delta situation into the international spotlight, and resulted in financial settlements that the company would not have agreed to pay otherwise (Ako and Ekhator, 2016).…”

“…Companies respond specifically to the actions of external stakeholders (e.g., civil society organizations) that could damage their reputation (Ako & Ekhator, 2016). In this approach, although the company still has a legal license to operate, the company's attitude towards business operations is to respect the rights and interests of the individuals and local communities if it is inevitable.…”