ENI S.p.A., ENI International BV, and CWA and ACA
Lead NCPItaly
Supporting NCP(s)Netherlands
DescriptionSpecific instance alleging the non-observance of the Guidelines by ENI S.p.A. and ENI International BV
Theme(s)Human rights, General policies, Environment
Date15 Dec 2017
Host country(ies)Nigeria
Industry sectorMining and quarrying

Read the final statement published by the Italian NCP – 8 July 2019

Read the Terms of Settlement signed by the parties – 8 July 2019

On 15 December 2017, Egbema Voice of Freedom, an NGO, and Chima Williams Associates, a law firm, submitted a specific instance to the Italian NCP alleging that since 1970, construction undertaken as part of oil drilling operations by ENI S.p.A., and its affiliate ENI International BV and local subsidiary Nigeria Agip Oil Company Limited (NAOC), caused violent flooding and has had significant adverse impacts on local communities.

The specific instance was filed on behalf of residents near Mgbede, Nigeria, which were affected by the flooding. According to the submitters, the construction of embankments to support wellheads and the construction of roads blocked natural streams and no adequate drainage channels were developed. As a result, water streams would annually flood large swathes of Aggah’s farmlands and residential areas.

The submitters requested the NCP to assist them in engaging with ENI in a dialogue, with the following objectives:

  • Build and maintain an adequate drainage system that would end the annual flooding caused by ENI’s constructions.
  • Investigate and assess the impacts of the Mgbede oil fields on community members.
  • Meaningfully implement the corporate group-level sustainability policy.
  • Develop contingency plans for preventing, mitigating, and controlling for serious environmental and health damage from operations, including developing mechanisms to enable immediate reporting to competent authorities.
  • Provide an effective remedy for the affected Aggah community residents.

Between February and March 2018, the submitters and company submitted their replies and counter-responses. The company responded that the terrain was naturally prone to flooding, and that Aggah community would have nevertheless suffered from flooding whether the company had operated in the area or not. On 26 July 2018, the NCP accepted the case for further examination, but did not publish an initial assessment.

The Parties accepted the good offices offered by the NCP involving a conciliation procedure lead by an independent conciliator. On 8 July 2019, the parties signed Terms of Settlement which includes a list of agreed to actions, and the NCP concluded the specific instance. The parties agreed to keep the NCP informed of the steps taken to implement the Terms of Settlement.