[dropcap]F[/dropcap]or the greater interest of the Nagas and the Lothas in particular, the Kyong Students’ Union (KSU) would like to make its position clear to all concerned for once and for all, on the Oil exploration vis-à-vis the controversial award of exploration permit to MOGPL. As stated before, the KSU does not have any discrimination against any oil firms willing to operate in Nagaland provided that the firm(s) are competent in all ways. The Union also makes it clear that there are no hidden agenda involved in the Union’s democratic resistance for the arbitrary award of permit to incompetent and inexperienced firm- MOGPL. As a matured organisation, having dealt with the messy Oil issue for more than four decades, the Union is very clear on the varieties of issues that it had raised either on the petroleum rules and regulations or on its opposition to MOGPL. As such, any attempt to sabotage the Union movement with threats, politics or covert motives and inducement shall not be tolerated at any cost.The Union is steadfast in its approach and is prepared to go to any extent to see that the rich natural resources inherited from our ancestors are not blundered for cheap monetary gains but are used with optimal efficiency through the application of the best technologies, ethical work practices, high standards of corporate responsibility with adequate provisions for human safety and environmental sustainability. The Union is however, disappointed, as the welfare government of the day choose to respond to these legitimate demands of the people by imposing draconian laws and using its military might to suppress the people’s movement, randomly assaulting peaceful student protestors and volunteers and forcefully launching the project amidst an environment of protest, mistrusts and objections.
The Union in its earlier representation to the Government of Nagaland has categorically mentioned the reasons why the Union is opposed to the award of exploration permit to MOGPL. Whereas Section 12 of the Nagaland Petroleum and Gas Regulations has clearly mentioned that “the overall technical expertise, the investment potential, the broad experience in exploration, prospecting and production of petroleum and natural gas of the company and the company’s ability to set up refineries and other ancillary industries; the overall profile of the Company and antecedents of the company etc.” shall be ‘carefully kept in view’ while awarding permit”, the government of Nagaland did not considered any of the above criteria while awarding the permit, as MOGPL is evidently the least qualified in terms of experience, resources and capability.
The Union cannot understand the motive behind the award of permit to MOGPL which was established only in 2012 having no experience in either upstream or downstream oil business anywhere in the world nor listed in any financial exchanges in the country. The MOGPL was hardly 3 months old when it filed its Expression of Interest on January 2013 yet the government of Nagaland chose to select MOGPL, among others, in total disregard to the laid down rules and without ascertaining the background of the firm and reputation of its promoters. This is a sad indication that the government which profess itself as a welfare government, is least concerned about the real welfare of the Nagas and the future generation, as the decision of the government in this matter is not guided by foresight nor determined by merit and efficiency.
Whereas, some few individuals and groups, has been trying to tarnish the image of the Union by accusing the Union of obstructing development, the Union makes it clear that it will give its full support and cooperation for any healthy and inclusive development; but would not accept the version of development that Lothas has experienced in the past in the form of ONGC Changpang misfortune and the misadventures at Doyang Hydro Electricity Project. Because of the skewed development approach of the government, Wokha district has the worst power supply despite the fact that State earns crores of rupees every year through free power supply from DHEP. To add salt to injury, the district is not even directly connected through the power grid from Doyang. Moreover, Asha village, which is located just hundreds of meter from the project, does not even have power supply. All these could happen when the rights and entitlements of the people are subjugated by the revenue goals of the state.
Records are still fresh as to how the Union has taken up the issues of the affected communities numerous times at different platforms to secure the rights and demands of the stakeholders affected by the nefarious activities of the ONGC. The KSU even went to the extent of organizing a democratic protest called ‘Mission Puncture NL-10’ on 09th and 10th May 2012 at Wokha to pressurize the government to expedite the process for drafting the rules for exploration. The Union and its leaders, over many years, have invested countless amount of time and energy on the Oil issue as the Union considers it an issue of paramount importance. Let it be known, therefore, that the Union does so without having any vested interest but with the sole aim that people must be the ultimate beneficiaries from such economic ventures. The Union will therefore, leave it to the people to judge as to who is speaking for the general welfare and who is speaking for personal gains.
And whereas, section 16 of the NPNG Regulations 2012 states that “the company operating under these Rules shall name all petroleum and natural gas products and by-products by prefixing to the name of every such product or by-product the Brand Name “NAGA”, failing which it shall be deemed as violation of these Regulations by the Company”: the branding of the products as ‘Naga oil or gas’ won’t be possible without establishing downstream industries (refineries) in Nagaland itself. After all, how can we name a product as ‘Naga oil’ if it is refined and bottled in other states by a third entity? Therefore, while floating the EOI, the government must invite only those companies that are fully integrated (deals with both upstream and downstream oil business), if not at least one company dealing with downstream activities must be contracted to operate refineries in Nagaland.
And whereas section 15 envisaged that “No part of crude oil or natural gas extracted from Nagaland shall be transported out of the State without being refined or bottled or converted into marketable products and by-products within Nagaland… subject to the ‘production limits’ required for setting of such refinery”, it is to be noted that an upstream company will remain an upstream company whether or not the production exceeds or remained below the limits required for setting such ancillary industrial units. However, if somehow, an upstream company assures to set up refineries, provided the volume of production reaches such limit required to support refinery, proper time frame (of not more than 5 years) must be given to the company to increase the volume of production to the desired level so as to support a refinery in the state.
And whereas section 19 states that “the State Government shall establish a Training Institution by name “Naga Petroleum Academy” to train Naga youths in unskilled and skilled jobs, technical and non-technical jobs and other related work in petroleum and natural gas industry”, until such time that the proposed academy is established in Nagaland, the government must make an arrangement to sent Naga students outside the state and train them in relevant fields so that Nagas can avail such employment opportunities whenever opportunity arises.
Furthermore, multi party MoU as suggested by the Kyong Hoho must be signed before the execution of project between the government of Nagaland, the Apex Tribal Hoho, the Land Owners Union and the Company. The MoU must incorporate employment policies, reservations and quotas thereof; minor contract concessions to the land owners; educational schemes and policies such as establishment of institutions, scholarships etc.; health care facilities; infrastructural development such as roads, housing, water and sanitation, power supply etc; promotion of agricultural and horticultural sectors and subsidies thereof; capacity building and any others as found applicable under the corporate social responsibilities.
The Union also asserts that Environmental Impact Assessment must be made compulsory for all Oil and major Mining operations as stipulated by Indian Laws, and proper public hearings be conducted and reviewed before issuing the ‘No objection Certificate’ by the relevant agency in Nagaland. Oil and gas exploration and production operations have the potential for a variety of impacts on the environment. And as these ‘impacts’ depend upon the stage of the process, the size and complexity of the project, the nature and sensitivity of the surrounding environment and the effectiveness of planning, pollution prevention, mitigation and control techniques- proper identification and evaluation of potential impacts are necessary to propose measures to mitigate such negative impacts beforehand, so that operating firms would be fully prepared to handle such eventualities. Further, the process of undergoing such procedures should not be considered as time consuming as these regulatory and safety measures could save precious life and resources in times of emergency.
The Union is of the view that the ongoing dialogue on oil issues must help in realizing the challenges of fully integrating protection of the environment in the regulatory and business processes that control the exploration and production of oil and gas in the state. Such that, these discourses could serve as a basis for preparing or improving regulations, policies and programmes to minimize the impact on the environment and lives of the people living within the vicinity of such commercial projects. The Union also strongly feels that additional regulations, other than the Nagaland Petroleum and Natural Gas Regulations and Rules, are necessary to safeguard the interest of the Nagas and to monitor the conduct of the operating firms. As such, the Union urges the government to rope in professionals from both within and outside the state to bring out a detailed and comprehensive regulatory framework for the safety and benefit of the Nagas.
As for the Union stand on the MOGPL issue, its earlier ‘ultimatum to debar the MOGPL from entering the soil of Wokha district to conduct any commercial activity’ remains in force. Hence, the Union would not be responsible for any loss or damage of property belonging to the company or its officials/employees. However, the Union would extend its support for any developmental programs that are resource efficient, socially inclusive, respects the rights of the Nagas, assures benefits while at the same time improving human well-being, providing decent jobs, and preserving the natural environment upon which we all depend.
Any attempt to loot the Nagas without following democratic norms and best practices shall be resisted today or in the days to come.
(Amos Odyuo) (T. Phyobemo Kikon)
President, General Secretary,
Kyong Students’ Union. Kyong Students’ Union.
