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Egbema Voice of Freedom et al vs ENI

Case overview

Date filed 15 December 2017
Current status Acuerdo
Issue Eni's impacts on the Aggah Community in Nigeria
Summary of the case On 15 December 2017, Egbema Voice of Freedom (EVF), an association of residents of Aggah Community in Rivers State, Nigeria, filed a complaint with its legal representatives Chima Williams & Associates (CWA), a public interest law firm, and Advocates for Community Alternatives (ACA), a non-profit organisation, to the Italian and Dutch NCPs regarding Eni. The Aggah Community is adjacent to and overlaps with the Mgbede oil field, which is operated by Nigerian Agip Oil Company Ltd, an indirect wholly-owned subsidiary of Eni S.p.A and its Dutch subsidiary, Eni International BV. For over four decades, Eni has been causing annual flooding in the Aggah village, violating the Guidelines and devastating people’s health, property and livelihoods due to the elevated roadways and embankments the company built in order to drill for oil, which block the natural streams that used to flow through the village and floods both residential areas and farmland. Based on an impact assessment report, carried out by the complaints, they have found that nearly all households in Aggah have lost agricultural products, while more than 65% of households have suffered physical injuries as a result to the flooding.

The complainants are seeking mediation from the Italian and Dutch NCPs, in effort to get Eni to take responsibility to end the floods suffered, while also compensating and assisting the Aggah residents whose rights have been violated.
Developments/Outcome After the complaint was accepted by the Italian NCP, it opened a mediation procedure between the parties in the presence of a third-party Conciliator. This process led to an agreement between the parties which was accepted on 8 July 2019. This agreement was made public on 2 October 2019. The terms of the settlement provide for the urgent construction of new culverts/drainage channels and maintenance and management of the existing channels to avoid flooding. It also calls for the impact of those measures to be verified in the presence of a technical expert, to determine whether further action should be taken. NAOC's surveyors have already entered the community to determine the commencement of any new construction.

In a press release issued after the announcement of the agreement, an advocate of the complainants said,“The community had been asking NAOC, ENI's Nigerian subsidiary, to fix the flooding problem for years, but to no avail. The game changed when we went to Italy on the basis of the OECD Guidelines, which apply to all Italian companies, and asked ENI to take responsibility for what was happening on the ground in Aggah." A leader of the complainants said, "We are celebrating this news in Aggah. The agreement is an achievement that follows years of battle to get ENI and its subsidiary NAOC to act to resolve the flooding they have created. We remain however vigilant on how the company and its Nigerian subsidiary will implement the agreement."


Relevant OECD Guidelines
Case keywords Los derechos humanos, Más de un PNC

NCP Information

NCP name National Contact Point Italy
NCP address Rome, Italy
NCP website https://pcnitalia.mise.gov.it/index.php/it/
Other NCPs involved

Complainants

ONG

Company Information

Company responsible ENI
Company address Piazzale Mattei 1
00144 Rome
Italy
Company website http://www.eni.it/eniit/eni/home.do?mncommand=home&lang=en
Company in violation
Country of operations Nigeria
Other companies involved

Timeline of developments

Date Actor Action Description Document
26 July 2019 National Contact Point Italy presentar Italian NCP issued final statement. download pdf (433Kb)  
8 July 2019 Egbema Voice of Freedom presentar Agreement made between Egbema Voice of Freedom/CWA/ACA and ENI. download pdf (125Kb)  
22 December 2017 National Contact Point Italy aceptar The Italian NCP accepts the complaint, taking lead over the Dutch NCP.  
15 December 2017 Egbema Voice of Freedom comunicado de prensa Press release regarding complaint filed with Italian and Dutch NCPs download pdf (408Kb)  
15 December 2017 Egbema Voice of Freedom informe Impact assessment report filed with the complaint download pdf (452Kb)  
15 December 2017 Egbema Voice of Freedom presentar Complaint filed with the Italian and Dutch NCPs  

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