Non-judicial Remedies: Learning Lessons from Chevron

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Non-judicial Remedies Learning Lessons from
Chevrons GMOU Renegotiation

• By
• Austin Onuoha
• Executive Director
• Africa Centre for Corporate Responsibility
• (ACCR), Warri, Nigeria

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Guiding question

• When people are in distress, what are the avenues
  for redress?

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Background Global Memorandum Of Understanding
(GMOU)

• Started in 2004/5
• In 5 states of the Niger Delta
• 425 Communities
• 850,000 population
• Was to address production disruption and
  unsustainability of previous community
  engagement initiatives
• It was a flexible process

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Comparison between old New

• Old MOU
• MOU signed with one community
• No governance structure
• No partnership
• Exclusive
• Ad hoc
• Task target approach

• New GMOU
• MOU signed with a cluster of communities
• Strong governance structure
• Participatory partnership
• Inclusive
• Long term sustainable
• Principles-driven

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Lessons from the Renegotiation

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

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What to look out for in operationalization

• Is the provision for non-judicial remedy
  explicit?
• Are the people aware of the existence of the
  mechanism?
• Has the body been constituted?
• Are the parties using it?
• Have the personnel been trained?
• Have their performance been evaluated?

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operationalization contd.

• Is the mechanism clear about roles
  responsibilities?
• Are there other mechanisms- provision for appeal?
• Is the emphasis on participatory partnership or
  ?
• Is the roll-out process open and transparent?
• What principles and values does it encapsulate?

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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