Non-judicial Remedies:
Learning Lessons from
Chevron’s 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)
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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”
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It was a flexible process
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Comparison between old & New
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Old MOU
MOU signed with one
community
No governance
structure
No partnership
Exclusive
Ad hoc
Task & target
approach
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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
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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
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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.
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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, costeffective/efficient project delivery, zerotolerance for corruption, gendersensitivity, community responsibility,
development and participation”
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