COMMUNIQUE

 

ISSUED AT ONE-DAY STAKEHOLDER CONSULTATIVE MEETING ON ENSURING LOCAL SUPPORT FOR THE IMPLEMENTATION OF THE PETROLEUM INDUSTRY ACT (PIA) COMMUNITY DEVELOPMENT MODELS IN BAYELSA STATE. May 13, 2025,  at Ayalla Hotels, Yenagoa, Bayelsa State.

 Preamble: The Foundation for Partnership Initiatives in the Niger Delta (PIND), conducted a one-day stakeholder consultative meeting for Host Community Development Trust (HCDT), to ensure local support for the Implementation of the Petroleum Industry Act (PIA) and promotion of Community Development models in Bayelsa. 

The meeting was aimed at facilitating discussions on the development of a comprehensive database for Host Community Development Trusts (HCDTs), validate findings related to the implementation of the Petroleum Industry Act (PIA), examine challenges faced by HCDTs and explore sustainable solutions for community development, and present refined innovative development models,  developed by National Multi Stakeholder Platform (MSP), to enhance the effective implementation of the Petroleum Industry Act (PIA) and also harnessed stakeholders’ contributions and validation of the development models for adoption by Host Community Development Trusts (HCDTs) in Bayelsa State and best practices to enhance governance and impact for the HCDTs. 

With over 35 participants in attendance, including traditional rulers, HCDTs, community women leader, youth, Persons with disabilities (PWD), leader of civil society organizations (CSOs), government ministries department and agencies (MDAs), Nigeria Upstream Petroleum Regulatory Commission (NUPRC), Academia and Media.

Key Observation: Participants observed and acknowledged that:

Some HCDT did not conduct community needs assessments but simply adopted that of the Global Memorandum of Understanding (GMoU), conducted over six years ago, Community Development Plan (CDP) with minimal review done by few persons and the settlor to adopt the CDP. 

Some communities in Southern Ijaw and Ekeremor LGAs have conducted community Participatory needs assessment in their community town halls, working with their settlor. 

There is a provision in the PIA to review community development plan when the need arises. Such a review is communicated to the settlor for approval.

Participants were concerned that since 2022 only a few settlors in Bayelsa have visited their communities to conduct need assessment. They also raised concerns over how many HCDT have strictly followed the PIA procedures from inception to date. 

PIA implementation is anchored on engagement, and stakeholders need to continually engage till the objectives of the PIA are achieved.

The PIA made provisions for women and persons with disabilities to be included in the HCDT.

Although women and persons with disabilities (PWDs), are most impacted by the effect of oil and gas exploration, they are marginally represented in the HCDT. The only female HCDT Board Chairman in Bayelsa has not received the support of the HCDT and the Settlor for the implementation of the PIA.

While community members are not expected to be members in multiple HCDT, the settlors have a secretary that cover multiple HCDT.

Although NUPRC insisted that it is interested in ensuring that the PIA succeed by addressing problems faced by communities, participants were of the view that NUPRC is on the side of the settlors rather than supporting the community to maximize the benefits of the PIA. 

It was observed with displeasure that settlors whose attendance and involvement are critical to achieving meaningful results were not present at the meeting even though they were invited.

Communities can recommend who to be engaged as members of HCDT but the settlors has the power to decide who to appoint or recruit. 

Many settlors do not know who to work with in their host communities, due to different interests, and that also affects the implementation of the PIA. 

In some HCDTs there is no proper synergy between Traditional Rulers, community leaders (CDC) and the HCDTs to address concerns and challenges being faced by settlors and the HCDTs. 

A settlor appointed one of its directors, who reside outside Nigeria, now as the Secretary of the HCDT, and he sends representative to attend HCDT meetings. 

There is an Alternative Dispute Resolution Committee of the NUPRC located in Bayelsa state, and they are available for communities and HCDT to settle grievance, before it escalates. 

The PIA does not make it compulsory for settlors to disclose their sharing matrix, and therefore communities are not knowledgeable of the criteria in the matrix that settlors are using to distribute funds to communities.

There are cases where settlors say they are not exploring oil well in communities, yet they have not been deactivated and are also not open to discussion with communities. 

There is conflicting tenure duration between the PIA, the HCDT constitution and the NUPRC regulation.

 While the HCDT constitution and NUPRC regulation provides for 2-year tenure for two-term, that of the PIA provides for 4-year tenure for two-term. These disparities are causing conflict and delay in the PIA implementation process. 

Recommendations: Participants recommended as follows:

Similar training and consultation should be expanded to community levels as members of the HCDT are not aware of their roles as stated in the PIA.

There should be continuous sensitization for community leaders to be able to effectively engage the settlors in the selection of members of HCDT.

Proper training on participatory community needs assessment should be conducted for Board members, and periodic structured training be organized for members of HCDTs for effective and efficient HCDT management in line with the CAMA law.

Training and capacity building for HCDT should be incorporated in the CDPs and budgeted from the 75% project funds. Participants believes that capacity building should also be considered as a project. 

Whilst the government is appreciated for the current PIA, there is need for the amendment of the Act to; Increase the OPEX fund to at least 5%, ensure 35% affirmative action for women and persons with disabilities (PWDs), and remove the clause that make community responsible for the security of oil infrastructure in their community.

Rather than agitating, communities should endeavour to report challenges of settlors and HCDT to NUPRC to be addressed, including Settlors and HCDT that did not conduct community needs assessment etc.

Informal leadership at the community (women leaders, youth, persons with disabilities (PWDs), influential people.) should be properly consulted and incorporated in the PIA implementation process.  A strategic road-map should be developed to incorporate community informal leaders for enhanced community engagement. 

For the PIA to succeed, the NUPRC should engage in periodic field monitoring to identify the challenges of HCDT to effectively carry out its regulatory role. 

The NUPRC should engage in sensitization and capacity building of community leaders and HCDT on engagement processes and documentation for seamless approvals.

There should be stakeholders’ engagement through town hall meetings and sensitization campaigns  to review decisions and agreement in the selection of BOT, MC and ACs in the HCDT and the adoption of development models.

Monitoring and evaluation in the PIA implementation should begin at the point of  establishment of the HCDTs 

Tracking, monitoring and Evaluation should be carried out by HCDT officers and Independent Civil Society Organization groups for increased compliance to PIA provisions and NUPRC regulations, budget accountability and transparency process, project implementation process, gender and inclusivity, community participation and local content.

Each HCDT should develop a monitoring and evaluation framework for ease of project tracking in compliance with the PIA provisions

HCDTs should take advantage of the Alternative Dispute Resolution (ADR) in NUPRC, to facilitate dispute resolution.

HCDTs should cultivate good relationships with settlors to enable them access support and additional benefits on Corporate social Responsibility CSR for their communities.

Conclusion: The Host Community Development Trust (HCDT), Nigeria Upstream Petroleum Regulatory Commission (NUPRC), women's and youth groups, civil society organizations, persons with disabilities,), traditional rulers, community leaders, Academia, Media and other essential actors showed a clear and united commitment to ensuring the successful implementation of the Petroleum Industry Act (PIA) in Bayelsa State during the one-day stakeholder consultative meeting in Yenagoa.

 Participants recognized ongoing issues, such as out-of-date Community Development Plans, low settlor engagement, unequal tenure provisions, a inadequate women and PWD representation on HCDT boards, management and advisory committees. 

Stakeholders reiterated going forward that:To strengthen HCDT, capacity building and ongoing sensitization must be incorporated into Community Development Plans (CDPs) and sufficiently financed from PIA project allocations: financial transparency, participatory planning, and governance. 

Settlors and the NUPRC should regularly use inclusive engagement mechanisms, such as town hall consultations and formal Alternative Dispute Resolution processes, to prevent conflicts, build mutual trust, and ensure community voices are heard in decision-making.

 To amend the Act to increase operational expenditure allowances, mandate affirmative action quotas, and relieve communities of security liabilities for oil infrastructure, regulatory alignment and advocacy must resolve disparities in tenure provisions between the PIA, HCDT constitutions, and NUPRC regulations. 

To track project implementation, budget compliance, gender and disability inclusiveness, and local content objectives, strong monitoring, evaluation, and accountability frameworks must be established at the beginning of each HCDT, with independent civil society participation. 

By taking these actions, interested parties will respect and foster local empowerment and PIA's spirit of shared values, establishing a long-term basis for community development and open governance and strengthening settlor-community partnerships throughout Bayelsa State.

SIGNED: HRH THEOPHILOS MOSES              KEFFESSO HCDT

MRS. IRENE DIGITEMIE OPUENE/AGIRI SANGANA KINGDOM HCDT

DR. KENNETH SUOBOGHA    OKOROMA TEREKE HCDT

MAJOR OTUMA BRIGIDE (RTD)    FUOKEREGHA 2 HCDT

TOINYAIN, AKPASI PROFIT    SILGA 1 HCDT

NIMIYE SOLOMON SUOBO    SILGA 2  HCDT

PROF. SIKOKI FRANCIS OPOROMA HCDT

POLOMI PROMISE SOLOMON BOMO CENTRAL

TITUS IZI EPIE/ATISA

BARR. ZUWA KONUGHA  YENEGOA/OGBIA HCDT

 EBIKESE JOHNSON OKOKO- GBARAIN/EKPETIAMA HCDT

DR. SAMSON OKUMAGBE OPOROMOR HCDT 

MR. AVOR AZIBA   KOLO CREEK/OLUASIRI

   MR. SAVIOUR OKORDIA/ZARAMA HCDT

  PANEBI GEORGE INORU KOLUKUMA//OPUKUMA HCDT

  BARR. DERRI FRANCIS     AITEO -NEMBE CITY HCDT

 CHIEF TITUS IZI YENEGOA/OGBIA- HCDT  (MSP)

  DR. PRINCE M. OSHODI NUPRC

 MR. NYENAMI APERE                               BYS MIN OF COM. DEVELOPMENT

 ENGR. DIEPREYE M. BYS MIN OF MINIERAL RESOURCES

 DR. MARIA STEAMER                      WOMEN LEADER, PERETORUGBENE COM

 MORIS ALAGOA             ENVIRONMENTAL DEFENDERS NETWORK

  PHILIP GODFREY                              PERSON LIVING WITH DISABILITY -PWD

 DR. CHARLES OYIBO                       ACCADEMIA - NDU, AMASOMA

DIFFA AKIAYEFA DORCAS EBINEMINE FOUNDATION -CSO

SUCCESS JIM-EBI ADVOCATE FOR FEMALE YOUTHS’ RIGHTS

 ROBINSON KUROGHOGHA           YOUTH RECONNAISSANCE AND DEVPT. INITIATIVE( (YORD)

 PRINCESS ELIZABETH EGBE  GLOBAL CARE RESCUE  MISSION-(GCRM)

 HRH DAVID OSENE OSENE OGBOLO X1   TRADITIONAL OF RULER ELEBELE COMMUNITY,                  (KOLOCREEK/OLUASIRI HCDT)

DAUSEYE TORKI FAMILY WELFARE FOUNDATION..