Existing methods of valuation for compensation in Nigeria adopt the use of unit rates per crop item or per hectare of farmland for compensation.
This method is not designed to reflect varying concentrations of Total Petroleum Hydrocarbons, PAH's or BTex values.
Ultimately, land with minor contamination, shallow depth and possible short-term land recovery through natural attenuation or bioremediation, will atract the same value of compensation as those with extremely high TPH, PAH and BTex values, contamination depths in excess of 5m, and with 25 to 30 year periods to land recovery.
Can this method reflect 'fair', 'adequate, 'equivalent' or 'full' compensation?
No certainly not. This is a very pertinent question that you have raised. The level of contamination and techniques to be used should be the basis. Some of the contamination will require excavation and possibly backfilling, which will be much more expensive.
Dear Saif,
Thanks for your comments. Essentially, the cost- to- correct approach might be an important component of full compensation.
We have used a similar approach for the 1991 gulf war compensation in Kuwait. You can have look at UNCC documents incase you may find it difficult to get I can provide you these reports.
Thanks a lot for the offer. I have researched the UNCC website severally for reports and it is a bit difficult finding things because of the pattern of filing I will appreciate whatever reports I can lay hold of. Cheers.
Wev must apply the proportionality principle. The compensation must be proportional to the damage.
U.Sankar
Obviously not. The depth of contamination is intimately tied to the long term effect as well as time of full recovery of the soil. So even after remediation, a soil with deeper contamination is likely to perform poorly in terms of crop yield. This methods is unfair.
Thanks Ulaganathan for the comment on 'proportionality' which I agree with. The current practice makes little room for this principle to operate. Also the contribution from Chiedozie is somewhat connected to proportionality where compensation payment should be be commensurate with quantum and depth of spill.
Dear iyenemi
I would like to add, based on PPP( pollution pay principle). will not be the same, the will base on pollution proportionality.
this is the same applied as your doing EIA in part of community allocation and compasention.
thank you
Depends on the extend of damage, but the defendant organization would move to court pleading innocence.
It depends on the degree of contamination which could also depend on how far the claimant is from the source of the pollution. However, the extent of damage may vary from claimant to claimant and this may serve as indicator of determining the level of compensation.
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