COHI Term Paper Example | Topics and Well Written Essays - 1750 words

COHI - Term Paper Example The objective of this essay is to illustrate how mediated communication impacts one’s life for the better, for the worse, or perhaps both ways. The discourse would initially define relevant terms to be used within the paper like communication, mediated and unmediated communication, prior to delving into determining the force of media on interaction and social life. The experiences of one’s daily life as poignant examples of the far reaching influence of mediated communication would be used through the essay, as required. Definition of Terms Martires defines communication as a process which aims to transfer and implement the meaning of symbols from one person, group or organization to another (79). The ultimate goal of communication is the sharing of meaning. Andersen considers it as â€Å"a dynamic process in which man consciously or unconsciously affects the cognition of another through materials or agencies used in symbolic ways† (5). Likewise, Delaune and Ladn er defined the term as the â€Å"process of transmitting thoughts, feelings, facts, and other information† (483) through verbal or non-verbal means. All definitions attest that communication is a process where symbols and meanings are relayed from the sender to recipients with the use of a defined medium. Mediated communication is clearly defined as â€Å"communication that involves a process by which a message, or communication, is transmitted via some form or medium† (Pavlik and McIntosh, 70). The authors expounded by detailing that â€Å"anything that you directly encounter during your waking hours such as talking to your friends, listening to a lecture, smelling food from the cafeteria, feeling rain on your skin is unmediated communication, although the information value of these experiences varies.   Mediated communication also creates a greater chance for misinterpretation by the receiver.   Mediated communication is all around us.  Web logs, or blogs, off er a unique channel for developing and maintaining relationships between organizations and publics† (ibid.). Likewise, Fernando differentiated mediated from unmediated communication by stressing that â€Å"mediated communication transpires when the parties to the communication are not present in space in relation to each other in a manner that enables them to apprehend each other through the use of their senses. Examples of mediated communication include letters, telephone calls and emails† (Fernando, pars. 19 – 20). Thereby, unmediated communication was defined as â€Å"unmediated communication transpires when the parties to the communication are present in space in relation to each other in a manner that enables them to apprehend each other through the use of all of their senses. Examples of unmediated communication include face-to-face conversations, meetings in a room† (Fernando, 16 – 17), among others. Mediated Communication in Personal Life In contemporary times, the impact of technology, specifically through the use of the Internet and mobile phones has significantly changed levels and extent of communication to various parties. The Internet is personally regarded as a medium for social activity and as a means for self-expression. The young generation, particularly utilize the Internet to interact with others for various reasons: to get information, to communicate with friends, to search for old acquaintances, to form new alliances, to establish social relations, to build bridges instead of walls. Further, the Internet

The Marginalisation of Women in Animation Roles

The Marginalisation of Women in Animation Roles The relationship between modes of production, and individual practice in women’s independent animation. Feminist film critics such as Laura Mulvey have suggested that classical film narration has always had a male perspective and positioned the viewer as male. Her 1975 essay â€Å"Cinema Visual Pleasure and Narrative, is a key work in feminist film theory and a turning point in the understanding of the representation of women in film and animation. She highlighted the lack of female filmmakers, writers and protagonists in Hollywood films. She contends that a female voice is sorely absent from mainstream cinema. Thus the depictions of women and the female identity in film are always a male interpretation. Further more she suggests that the language of film itself is masculine. The essay asserts claims that classical film narration assumes that the audience is male through objectifying female subjects within the frame. She contests that a position of power is almost always given to the male subject through a series of looks. The male characters are in possession of the ‘look,’ while the females are looked at. They are often objectified by focusing on specific parts of the anatomy. The woman is thereby idealised and sexualised into a male fantasy or marginalized into a stereotype or narrative function. This marginalisation of women is evident in Animation from the same period with figures such as Minnie Mouse, who dutifully played house wife to Mickey. The overtly sexual, (and disturbingly child-like,) Betty Boop. Or the extremely curvaceous Red Hot Riding Hood, who was a prototype for Jessica Rabbit. The identification of this imbalance provoked an immediate reaction to address it. â€Å"At this point the main demand was to replace on female role model by another, stronger and more independent. Or to find images of women that were realistic and relevant to women’s real life experience.† (Mulvey, 1978, p204) After WW2 16mm equipment that had been used to make newsreels, became available cheaply, and progress in sound technology in the sixties made synchronised sound recording much easier. The end result was to give people outside the commercial arena the ability to make films. This independent scene emerged at a highly politicised time and gave people the opportunity to make politicised films which addressed issues of the time such as the women’s movement. Not only feminist filmmakers emerged, but feminist readings of unconsciously feminist art. As Sharon Couzin’s definition demonstrates, the defining parameters are very broad. â€Å"Feminist art is which acknowledges that difference of being a women – i.e. what it is to be a woman – and then integrates that consciousness into the art.† (Law, 1997, p 67) Mulvey points to the avant-garde as genre through which feminist filmmakers and animators could express their concerns free from classical Hollywood representation. In her own words; â€Å"the avant-garde poses certain questions which consciously confront traditional practice, often with a political motivation, working on ways to alter modes of representation and expectations in consumption.† (Mulvey, 1978, p200) By breaking away from traditional and accepted systems of narration, the audience is forced to decipher the meaning of the films from the films aesthetics and semiotic signifiers, thus foregrounding the films intended message in the minds of the spectators. Animation has a lot in common with the avant-garde in as much as it is a largely abstract form of representation and expression. That is that unlike live action cinematography, which tends towards mimesis (the desire to accurately reproduce the ‘real’ world,) animation is usually concerned with the suggestion of concepts and the representation of ideas. The processes of animation allow Mulvey’s concerns to be addressed directly. The flexibility of the medium for using different drawing styles, colour schemes, animation techniques lend animation an immense imaginative potential that is only limited by the imaginations of the animators themselves. Animators can use these techniques to challenge dominant modes of narration and aesthetic expression. Secondly animation has been described as an auteurist medium. The vast degree of collaboration necessary to make a photographic film is greatly reduced in an animated medium. Indeed it is possible for animators to create completely individually and in doing so, create art with an entirely subjective perspective and articulate feminist concerns unfettered. A fine example of both these principles in action is Karen Watson’s Daddy’s Little Piece of Dresden China. In the film Watson marries scratch animation, line drawings, collage and puppetry to tell a deeply subjective story about domestic abuse. The different puppets are made from different materials to symbolise their characters. The father is metallic with a razor blade mouth and glass head. He is drunk, cold, dangerous and extremely harmful. The mother is made of a wooden spoon and dried flowers; this shows her domestic role and her bygone fertility. The daughter is bandaged and has a china head. She is damaged, though not yet broken but extremely delicate. The use of puppets removes the spectator from full identification with the characters, leaving them to quietly ruminate on the effects of domestic abuse on real people. Although the film is essentially one extremely powerful account of one woman’s own unspeakable domestic problems, the use of collage places the events in a wider social context and makes the spectator wonder about the greater extent of such problems. Alison de Vere’s film The Black Dog is devoid of any dialogue, and is entirely reliant on aesthetic symbolism and visual narration. The flexibility of the medium allows visual shifts in landscape which invite comparisons with stream-of-consciousness narration. The spectator is invited to come along with the protagonist’s through the wilderness on a journey of spiritual death and rebirth. Her walk through the desolate wilderness is apparently ended when an oasis appears in the form of the complex fata, a small complex comprising of boutique, a club and a restaurant. In the boutique she is dressed and adorned to make her ‘beautiful’ before going to the club. It is her where she becomes the object of desire for a room full of lecherous men. She catches sight of her self in a mirror, and decides to reject her designated engendered role, and false identity of seductress within the microcosm of the complex. At this point she finds that the price she pays for leaving of staying is her brain, her heart and her hands. The implication is that a woman must betray her own intelligence, desires and abilities to conform to the engendered roles that society expects of her. Death becomes a recurring motif of the complex such as the butchering of animals in the kitchens; the use of animal furs in the boutique; and drunken brawls that escalate into murder in the night club. All these images paint a portrait of a brutal and uncaring society and also serve as a visual motif that matches the protagonists fall from innocence and brief loss of individual identity. She flees the complex by diving into a river and being rescued by the eponymous Black Dog. The imagery here suggests a loss of innocence and an attempt of cleansing through water. The malleability of the medium is often explored through metamorphosis of characters of objects from one thing to another. In his book Understanding Animation (1998) Paul Wells argues that the use of metamorphosis is a ‘particular device which is unique to the animated form, and some would argue is the constituent core of animation itself.’ (Wells, 1998, p69) However computer animation techniques have been blended with ‘real’ footage to achieve the same effect in ‘live-action’ cinema, blurring the distinction between the two art forms. Meaning is derived from the fluid change of one form to another in the same way that Eisenstein creates meaning from editing one photographed image with another. ‘Metamorphosis also legitimizes the process of connecting apparently unrelated images, forging original relationships between lines, objects, and disrupting established notions of classical story-telling.’ (Wells, 1998, p69) It is a way of connecting abstract ideas into a narrative form. Joanna Quinn’s films Girls Night Out and Body Beautiful use metamorphosis to directly confront the issue of the sexualized female aesthetic, and reclaim the female form as something to be appreciated in all shapes and sizes. However it does so by using the method within the confines of a traditional narrative structure. The protagonist of both films is a large, working class woman called Beryl, who is completely at odds with the Betty Boop and Red Hot Riding Hood figures. Quinn uses line drawings with immense kinetic energy. The lines are dynamic allowing them to fluidly change shape. The fluid movement of the lines of Beryl’s body extenuates her generous curves, and the wobble of her breasts is particularly prominent as an expression of femininity. In this way her shape and size are celebrated through the animation process. In contrast her husband is completely static, bored, uninterested and uninteresting, a completely unsympathetic character. In Body Beautiful the dynamic lines are used to completely morph Beryl’s shape into symbolic expressions of her subjective experience. These metamorphoses are determined by her own perception of her self. When looking at the models in a fashion magazine she disappears into thin air, as a representation of her marginalization. She does not conform to societies given values of female beauty and as such feels negated. In a scene where Vince is commenting on her appearance she transforms into a pig. She is publicly humiliated and made to feel ashamed of herself, and as such reluctantly accepts the ‘fat pig’ mantle that is forced upon her. The film resolves itself with Beryl learning to appreciate her own figure on her own terms, during a rap song she lists a multitude of body types and transforms into them one by one. She rejects all of them and literally steps out of them as an affirmation of her own femininity. Beryl is representing all the women who do not have the perfect hour-glass figure and as such she is a figure to be identified with as opposed to one who is objectified. She is a celebration of the female body as opposed to a fetishist examination. She is desexualised as a male fantasy of female perfection, but re-sexualised in terms of her gender and defined by her feminine figure. In contrast to Joanna Quinn’s kinetic line, Candy Guard uses a simple, economical and direct aesthetic style in her animated films such as Wishful Thinking and What about me? In both these films two women ask each other questions about their, own appearance, but are never satisfied by the answers they are given and continue to worry and obsess over the matter, to the point of near torture. The figures themselves are comprised of a handful of black lines, they are largely shapeless and aesthetically at least, virtually androgynous. The characters are identified as female through voice and dialogue. In the mouth of Bernard manning jokes about women worrying about clothes or hair may come across as sexist, offensive and dismissive of women. But Guard is showing us how these women are torturing themselves in their attempts to conform to the modes of conduct and appearance that society enforces upon them. The women themselves are complicit in their own torture by their attempts to conform to preset notions of beauty. They never challenge the expectations put upon them and as such they are doomed to forever be enslaved by their own attempts to conform. Guard breaks from narrative tradition by having no resolution to her films. The women of the film will continue to worry about their appearance, just as the female spectators of the film have felt pressure to look their best. It is here where the realism lost aesthetically is regained, as the realism resonates emotionally. The uber-simplistic 2d line drawing style is also thematically fitting, by attempting to conform to societies given notions of female beauty the women are caricaturing themselves. The films discussed in detail here all offer different perspectives on issues of female identity, and engendered roles within society but they all â€Å"explore, through their use of imagery, the existence of the female form as something that is malleable and whose femaleness can be enhanced or reduced. They illustrate that femininity, as it is traditionally represented, something that can be put on and taken off at will.† (Furniss, 1978, p243) This demonstrates that despite differences in subjective experience all the animators discussed were expressing the need to break away from the rigid definitions enforced by classical film narration. We can see clearly that the various modes of practice available to animators have allowed female practitioners a platform on which to address feminist concerns of cinematic representation, as well as commenting upon the lager problems facing women within a modern patriarchal society. Paul Wells has neatly summarized the properties of Animation that have made it an ideal medium with which to redress the balance. â€Å"Animation has the capability of rendering the body in a way which blurs traditional notions of gender, species and indigenous identity further complicating debates concerning the primary political agendas of men and women, and enabling revisionist readings which use the ambivalence and ambiguity of the animated form to support the view that traditional orthodoxies in society itself must be necessarily challenged.† (Wells, 1998, p188) Of course an all encompassing feminist definition of ‘women’s experience’ or femininity is impossible and any attempt to do so is every bit as false as the fantasy representation offered by classical Hollywood. As Maureen Furniss explains in her own theories on representation. â€Å"One can argue that the media is dominated by images representing the priorities of a white male culture, but how does one go about depicting an alternative? How does one define ‘women’s experience’? And, even if it were possible to come up with a definition, could it encompass the realities of women across the world?† (Furniss, 1998 p 243) What these animators have been able to do is break the masculine bias of film narration and spectatorship, and contribute to the woman’s movement by creating a feminine aesthetic based upon individual subjective experience as opposed to tired patriarchal stereotypes. Bibliography Furniss, Maureen. Isuues of Representation(Chapter 12), in: Art in Motion. Animation Aesthetics. London: John Libbey, 1998, pgs.231-249 Law, Sandra. Putting Themselves in the Pictures. Images of Women in the Work of Joanna Quinn, Candy Guard and Alison De Vere, in: Pilling, Jayne(ed.) A Reader in Animation Studies. London: John Libbey, 1997, pgs. 49-70 Mulvey, Laura: â€Å"Cinema Visual Pleasure and Narrative† 1975 in Penley, C. Feminisim and film theory. London: BFI 1988, pgs, 57-68. Mulvey, Laura: Film, Feminism and the Avant-Garde, in OPray Michael. The British AvantGarde Film 1926-1995. Luton: Luton University John Libbey Press, pgs. 199-21 Wells, Paul. Understanding Animation. London: Routledge, 1998. Films Black Dog, The. (Alison de Vere, 1987) Body Beautiful. (Joanna Quinn, 1989) Daddy’s little bit of Dresden China (Karen Watson, 1987) Girls Night Out (Joanna Quinn, 1986) Red hot riding hood (Tex Avery, 1943) What about me? (Candy Guard) Whishful Thinking (Candy Guard) Who framed Roger Rabit? (Robert Zemeckis, 1989)

American Indian Movement: Activism and Repression Essay -- Indian Nati

American Indian Movement: Activism and Repression   Ã‚  Ã‚  Ã‚  Ã‚  Native Americans have felt distress from societal and governmental interactions for hundreds of years. American Indian protests against these pressures date back to the colonial period. Broken treaties, removal policies, acculturation, and assimilation have scarred the indigenous societies of the United States. These policies and the continued oppression of the native communities produced an atmosphere of heightened tension. Governmental pressure for assimilation and their apparent aim to destroy cultures, communities, and identities through policies gave the native people a reason to fight. The unanticipated consequence was the subsequent creation of a pan-American Indian identity of the 1960s. These factors combined with poverty, racism, and prolonged discrimination fueled a resentment that had been present in Indian communities for many years. In 1968, the formation of the American Indian Movement took place to tackle the situation and position of Native Americ ans in society. This movement gave way to a series of radical protests, which were designed to draw awareness to the concerns of American Indians and to compel the federal government to act on their behalf. The movement’s major events were the occupation of Alcatraz, Mount Rushmore, The Trail of Broken Treaties, and Wounded Knee II. These AIM efforts in the 1960s and 1970s era of protest contained many sociological theories that helped and hindered the Native Americans success. The Governments continued repression of the Native Americans assisted in the more radicalized approach of the American Indian Movement. Radical tactics combined with media attention stained the AIM and their effectiveness. Native militancy became a repertoire of action along with adopted strategies from the Civil Rights Movement. In this essay, I will explain the formation of AIM and their major events, while revealing that this identity based social movement’s radical approach led to a harsher governmentally repressive counter movement that ultimately influenced the movements decline.   Ã‚  Ã‚  Ã‚  Ã‚  The growing pan-Indian activism that was becoming increasingly strong in regions of the United States helped develop the American Indian Movement. Educated young urban Indians were becoming involved in rights issues and insisted on self-determination in the 1960s era of prote... ...erican Indian Movement during the 1970s.† American Indian Culture and Research Journal 18.4 (1994): 242-64. Della Porta, Donatella, and Mario Diani. Social Movements: An Introduction.   Ã‚  Ã‚  Ã‚  Ã‚  Malden, MA: Blackwell Publishing, 1999. Johnson, Troy R. The Occupation of Alcatraz Island: Indian Self-Determination and the Rise of Indian Activism. Chicago: University of Illinois Press. 1996. Johnson, Troy, Joane Nagel, and Duane Champagne. American Indian Activism: Alcatraz to the Longest Walk. Chicago: University of Illinois Press. 1997. Means, Russell, and Marvin J. Wolf. Where White Men Fear To Tread.   Ã‚  Ã‚  Ã‚  Ã‚  New York: St. Martin’s Press. 1995. PBS. Alcatraz is Not an Island: Timeline of Indian Activism. PBS Online. 1 Dec. 2004 . Sanchez, John and Mary E. Stuckey. â€Å"The rhetoric of American Indian activism in the   Ã‚  Ã‚  Ã‚  Ã‚  1960s and 1970s.† Communication Quarterly 48.2 (2000): 1-9. Smith, Paul Chaat, and Robert Allen Warrior. Like a Hurricane: The Indian Movement from Alcatraz to Wounded Knee. New York: W.W. Norton. 1996. Vine, Deloria. Behind the Trail of Broken Treaties: An Indian Declaration of Independence. Austin: University of Texas Press. 1985.

Caring for Individuals with Additional Needs Essay

A brief introduction to the introductory pack including aims and objectives Include a definition of additional needs Explain why it is important for care practitioners to be aware of the different additional needs that people may have (150 words) P1 –Outline reasons why individuals may experience additional needs – Produce a newsletter What are additional needs – What is a physical disability and how does it have an impact on an individual to be classed as an additional need? What is a sensory disability? Give examples What is a cognitive disability? Give examples (200 words) Define and describe the different types of disabilities, signs and symptoms, cause of the additional need and why they have an additional need – e.g. Down’s syndrome; cystic fibrosis, autistic spectrum, people with mental health problems, asthma, multiple sclerosis, paraplegia ( 1000 words) For example Attention deficit hyperactivity disorder (ADHD) & (ADD) are conditions which result in problem behaviour and poor attention span. Children find it hard to control their behaviour. They might be impulsive, restless and inattentive. Children can have problems learning and socialising. The causes of ADHD are not clear. Possible causes are thought to be brain injury, chemical imbalance in the brain, genetic links, environmental factors and a possible link to diet. Some of these children present more challenging behaviour than others and may require support when socialising and in the learning context. This may result in one-to-one support in class. P2 – Describe models of disability –Booklet to include Define the differences between disability; impairment Explain the different models of disability – such as medical; social, charity and holistic or person centred model and give examples of that substantiate your understanding. Key questions to consider: Is it a positive or negative approach? Does it focus on the ability or disability of people with additional needs? Is there an aim to the model? Is the disabled person labelled as a victim? Give an example of the impact on service provision because of the model of disability P3- Explain the barriers which may be experienced by people with additional needs Define what a barrier could in reference to health and social care settings Identify the barriers that people with additional needs may face e.g. attitudinal barriers; discrimination, barriers to access and opportunities, cultural, stereotyping and discrimination, impact on self-esteem and the effects of this on a disabled person’s well-being and give examples of each barrier described P4 – Explain positive working practice with individuals with additional learning needs – written piece What is an additional learning need? Give examples of this with an explanation What support services can a client with additional learning needs access? What are the principles of positive working practice? E.g. explain empowering care and explain the importance of this when working with clients with additional learning needs What do you understand by person centred planning and why this is an example of positive working practice when working with clients with additional learning needs? What is safeguarding and how significant is this when working with people with additional learning needs? What is positive reinforcement and explain the relevance of this when promoting independence? What is ‘Guidance’ and how can this influence positive working practice / the conduct of carers? Why is it important for care workers to be registered with a regulatory body as positive working practice for people with additional learning needs? ( 2,000 words for p2, p3 and p4 ) Bibliography Boys D and Michie V (2008) BTEC National Health & Social Care Book 2: Cheltenham: Nelson Thornes (in your college library pages 196-237 has unit 26 Caring for people with additional needs – be aware the legislation may vary)

Living Trust

trust agreement THIS TRUST AGREEMENT, MADE THIS _____ DAY OF _____________, 20XX, BETWEEN ____________________________, PRESENTLY RESIDING AT _________ ________________ ________________________ (SETTLOR), _____________ ___________________, PRESENTLY RESIDING AT __________________________________ ______ (TRUSTEE), AND ________________ __________, PRESENTLY RESIDING AT ________ ___________________________ (SUCCESSOR TRUSTEE).THE TRUST CREATED BY THIS AGREEMENT SHALL BE KNOWN AS THE ______________________ TRUST. W I T N E S S E T H: WHEREAS, THE SETTLOR DESIRES TO CREATE AND ESTABLISH A REVOCABLE INTER VIVOS TRUST OF THE PROPERTY DESCRIBED IN SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF, WHICH PROPERTY, TOGETHER WITH THE INVESTMENTS, REINVESTMENTS, ACCUMULATED INCOME AND PROCEEDS THEREOF, AND ADDITIONS THERETO, SHALL HEREINAFTER CONSTITUTE THE PROPERTY OF THIS TRUST (THE TRUST FUND); ANDWHEREAS, the Trustee has agreed to hold, manage, invest, and reinvest the Trust Fund to collect the income therefrom and after paying all expenses properly attributable thereto, to distribute the Trust Fund in accordance with the terms and conditions herein. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein, Settlor has assigned and delivered, and the Trustee acknowledges receipt of the Trust Fund, in Trust, nevertheless, for the following purposes and under the following terms and conditions: ARTICLE I [Description] A)The Trust Fund shall be maintained by the Trustee in one (1) trust for the exclusive benefit of Settlor. Settlor reserves the right to add additional beneficiaries hereunder and Trustee agrees to undertake the duties and responsibilities of Trustee in accepting, holding, managing, and disbursing the principal and interest of the Trust Fund in accordance with the terms and conditions of this Trust Agreement. (B)Trustee may receive any other real or personal property from Settlor or from any other person or perso ns, by lifetime gift, under a will or trust or from any other source.Such property shall be indicated by adding same to Schedule A which shall be held by Trustee subject to the terms of this Trust Agreement. Trustee agrees, if he accepts such additions, to hold and manage such additions in trust for the uses and in the manner set forth herein. (C) Trustee shall receive any real or personal property derived as income produced by the Trust Fund. Such accumulated income shall be added to the Trust Fund and held by Trustee subject to the terms of this Trust Agreement. ARTICLE II [Description]The Trustee shall pay the entire net income arising from the Trust Fund in approximately equal monthly installments to or for Settlor during Settlor's entire lifetime, or as directed by Settlor from time to time, retain and reinvest designated portions thereof, provided, however, that if the net income from the principal of the said Trust Fund, together with such other income as may be available to Settlor and Settlor's spouse (Settlor's spouse) from other sources be insufficient for their comfortable support, welfare, and maintenance, then, and in such case, Trustee is authorized to pay to or use for the benefit of Settlor and Settlor's spouse during Settlor's lifetime so much of the principal of the said Trust Fund as, in Trustee's sole discretion, Trustee may deem necessary for such purposes, or to provide for an emergency of any sort, nature, or description; provided, however, subject to Article IV but notwithstanding anything else contained in this Trust Agreement to the contrary, Settlor may, at any time and from time to time during the existence of said Trust Fund, withdraw all or any part of the principal and accumulated income, if any, by filing with the Trustee a notice to that effect and filing subsequently with said Trustee a receipt for the funds so disbursed.If either or both Settlor and Settlor's spouse shall be determined, in accordance with Article III hereof, to be incapable of the care, custody, and management of the principal and income of the Trust Fund because of advanced age, impaired health, or mental or physical disability, then the Successor Trustee is specifically authorized and empowered, acting in his sole and absolute discretion, to retain all or such part of the income and principal as he deems best, and then to distribute all or part of the income and/or principal for the suitable support, welfare, and maintenance of Settlor and/or Settlor's spouse in such of the following ways as the Successor Trustee shall deem best: a)directly to such beneficiary; b)to such person as such beneficiary may nominate in writing; c)to the legally appointed guardian(s) or conservator(s) of such beneficiary; d)to some person(s) having the care of such beneficiary; or e)by the Successor Trustees using the amounts involved for or on behalf of such beneficiary for his suitable support, comfort, health, welfare, and maintenance. ARTICLE III [Descr iption]During such period that Settlor is the sole Trustee, and if in the judgment of the Successor Trustee, such step is deemed necessary, then the Successor Trustee may appoint three (3) doctors of medicine licensed to practice in the State of Settlor's then current residence, one of whom shall be Settlor's personal physician, if possible, to determine whether Settlor has become incapable of the care, custody, and management of the principal and income of the Trust Fund because of advanced age or impaired health or mental or physical disability. If the three (3) doctors unanimously determine in writing, as evidenced by signed Certificate(s) of Incapacity, that Settlor has become incapable as herein defined, of the care, custody, and management of the principal of the Trust Fund or any income from theTrust Fund, or upon the determination of a court of competent jurisdiction of the physical or mental incapacity of Settlor, then Settlor shall no longer be Trustee nor shall Settlor ha ve the right to become Trustee, and the Successor Trustee shall possess and be subject to those rights, duties, and obligations which they or it would assume if they or it had been nominated as initial Trustee under the terms of this Trust Agreement; provided, however, upon the revocation of the court order hereinabove referred to, or upon the revocation of two (2) of said Certificate(s) of Incapacity, either by any two (2) of the original certifying doctors or by any two (2) duly licensed doctors selected by the Successor Trustee, the rights and powers under this Trust Agreement shall become operative again and shall revert to Settlor. In addition to the above, Settlor is authorized, at any time and from time to time, voluntarily to relinquish his investment control by an acknowledged, written instrument to that effect, delivered to the Successor Trustee. Said instrument shall be known as a Certificate of Authorization. Such Certificate of Authorization shall specify a date after i ts delivery to the Successor Trustee, as the date on which investment control is to be relinquished.From and after such specified date, Settlor shall not possess investment control, unless and until he reassumes investment control by a subsequent acknowledged, written instrument to that effect, delivered to the Successor Trustee. Such subsequent instrument shall specify a later date after its delivery to the Successor Trustee, as the date on which investment control is to be reassumed. From and after such specified date, Settlor shall again possess investment control. ARTICLE IV [Description] During such period of time that Successor Trustee is in possession of an apparently proper and effective court order ruling Settlor to be physically or mentally incompetent to act on his behalf, or is in possession of the three (3) Certificate(s) of Incapacity, as provided in Article III, supra, at least two (2) of which are not revoked, any attempt by Settlor to xercise any reserved rights and powers under this Trust Agreement, including, but not by way of limitation, the right of modification, revocation, amendment, withdrawal of principal and/or income, or the sale of principal of the Trust Fund, shall be void and during such period of time this Trust Agreement shall be irrevocable and not amendable; provided that during such period of time that Settlor is incapacitated as hereinabove referred to Settlor shall have the power to appoint to any person(s), including his estate, any and all assets of the Trust Fund upon his death, but only by specific reference to said Power of Appointment in Settlor's Last Will and Testament, duly proved and allowed for probate.During such period of time that the Successor Trustee is in possession of a properly executed Certificate of Authorization signed by Settlor, Settlor shall retain all reserved rights and powers under this Trust Agreement with the exception of the investment control of the assets of the Trust Fund pursuant to the te rms of this Trust Agreement which shall be reserved to the Successor Trustee. ARTICLE V [Description] Upon Settlor's death, the Successor Trustee shall hold and dispose of the Trust Fund as follows: (A)If Settlor's spouse survives Settlor, the Successor Trustee shall hold, manage, and invest the Trust Fund, collect the income thereon, and pay to or apply for the benefit of Settlor's spouse the net income thereof, in quarterly or other convenient installments (but at least annually), for and during the term of Settlor's spouse's life.In addition, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, maintenance, health, welfare, and benefit of Settlor's spouse. Settlor's spouse, in Settlor's spouse's individual capacity, is hereby authorized by instrument in writing delivered to the Successor Trustee, to wit hdraw in the month of December of each calendar year any part of all of the principal of the trust to the extent of Five Thousand Dollars ($5,000) or five percent (5%) of the value of the principal of the trust on the last day of such year, whichever is the greater amount. This right shall be noncumulative.Upon the death of Settlor's spouse, the Successor Trustee shall distribute any undistributed net income of this trust, whether collected or accrued, to Settlor's spouse's Personal Representative and shall pay over and distribute the entire remaining principal to such of my issue, in such shares and proportions and either outright or in trust as Settlor's spouse, by specific reference in her will to said special power of appointment, hereby created, may designate and appoint, or, to the extent, if any, that Settlor's spouse may fail to effectively exercise this said special power of appointment, the remaining principal of this Trust established in this Article V, paragraph (A), sup ra, shall be distributed by my Successor Trustee as follows: (1)In the event that any portion of this Trust referred to in this Article V, paragraph (A), supra, is included in Settlor's spouse's estate, the Successor Trustee shall pay to the Personal Representative of Settlor's spouse's estate, out of the principal of the Trust, an amount equal to the estate, inheritance, transfer, succession, or other death taxes (death taxes), federal, state, or other, payable by reason of the inclusion of the value of the trust property in her estate.Such payment shall be equal to the amount by which (i) the total of such death taxes paid by Settlor's spouse's estate exceeds (ii) the total death taxes which would have been payable if the value of the trust property had not be included in Settlor's spouse's estate. The determination of the Settlor's spouse's Personal Representative of the amount payable hereunder shall be final. The Successor Trustee is directed to pay such amount promptly upon wr itten request of Settlor's spouse's Personal Representative. The final determination of the amount due hereunder shall be based upon the values as finally determined for federal estate tax purposes in Settlor's spouse's estate. After payment of the amount finally determined to be due hereunder, the Successor Trustee shall be discharged from any further liability with respect to such payment. Settlor's spouse may waive Settlor's spouse's state's right to payment under this paragraph by a will, executed after Settlor's death, in which Settlor's spouse specifically refers to the right to payment hereby given to Settlor's spouse's estate. (2)Any then remaining principal, after payment of the taxes as specified in this Article V, paragraph (A)(1), supra, shall be divided, administered, and managed as part of the trust established in Article VI, infra. Notwithstanding anything contained in this Article V, paragraph (A), if Settlor's spouse renounced Settlor's spouse's interest in any port ion of the property passing under this Article V, paragraph (A), such portion shall not pass under this Article V, paragraph (A), but shall pass under and be governed by the provisions of Article V, paragraph (B), infra.Notwithstanding anything contained in this Article V, paragraph (A), if a reduction of the property passing to the Successor Trustee under this Article V, paragraph (A), would not result in any increase in the federal estate tax upon Settlor's estate (after taking into account the unified credit and the credit for state death taxes, but only to the extent that the use of such credit does not increase state death taxes payable by Settlor's estate, and all other estate tax credits available to Settlor's estate and after assuming for this purpose only that all property passing under this paragraph will be qualified for the federal estate tax marital deduction), said property shall be reduced by the largest amount which will result in no such increase, and such amount sh all not pass under this Article V, paragraph (A), but shall pass under and be governed by the provisions of Article V, paragraph (C), infra.In determining the amount of any such reduction, the final determination of the federal estate tax proceeding relating to Settlor's estate shall control, and there shall be taken into account all property passing (or which shall have passed) to or for the benefit of Settlor's spouse (under Settlor's will, this Trust, or otherwise); however, there shall not be taken into account any renunciation by Settlor's spouse or any interest in any portion of Settlor's residuary estate which, but for such renunciation, would have passed under the provisions of this Article V, paragraph (A), and such determination shall be made on the assumption that there was no such renunciation. Such reduction shall be deemed a dollar amount reduction, and the property passing as a result thereof to the trust created under Article V, paragraph (C), infra, shall not partic ipate in increases or decreases during the administration of Settlor's estate.To the extent possible, assets with respect to which the marital deduction is not allowable for purposes of federal estate tax on Settlor's estate, or with respect to which a credit for foreign death taxes is allowable for such purposes, shall be allocated to the property passing to the trust created under Article VI, infra. It is Settlor's intention that this Trust qualify for the marital deduction allowable in determining the federal estate tax upon Settlor's estate. Accordingly, Settlor hereby authorizes the Settlor's Personal Representative to elect that any amount passing under this Article V, paragraph (A), be treated as qualified terminable interest property for the purposes of qualifying for said marital deduction.If Settlor's spouse is not living at the time of Settlor's death, the foregoing provisions of this Article V, paragraph (A), shall be of no effect and the property otherwise segregated fo r and allocated to the trust created in this Article V, paragraph (A), shall rather be held, administered, and disposed of under and in accordance with the provisions of the trust established in Article VI, infra. In the event that Settlor or Settlor's spouse shall die under circumstances that the order of death cannot be established by adequate proof, it shall be conclusively presumed that Settlor's spouse [survived] [predeceased] Settlor, and this Trust Agreement shall be administered as though Settlor's spouse [survived] [predeceased] Settlor, and its terms shall be so interpreted and construed. Such presumption shall be conclusive and binding upon all parties having an interest under this Trust Agreement. B)If Settlor's spouse survives Settlor and renounces her interest in any amount or any portion which would otherwise have passed under the provisions of Article V, paragraph (A), supra, or renounces any portion of Settlor's estate passing to Settlor's spouse pursuant to Settlor 's Last Will and Testament, such renounce amount or portion shall be held, managed, and invested by the Successor Trustee, IN TRUST, NEVERTHELESS, upon the terms and conditions and for the uses and purposes hereinafter set forth. The Successor Trustee shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto, shall, at least as often as quarter annually, pay or apply all of such net income to or for the use and benefit of Settlor's spouse.If the principal of the Trust established under the provisions of Article V, paragraph (A), supra, is exhausted for any reason, then, from and after such exhaustion, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse, so much or all of the principal as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, welfare, and benefit of Settlor's spouse. With regard to any property passing under this Article V, paragra ph (B), Settlor directs Settlor's Personal Representative not to elect to have the same treated as qualified terminable interest property for the purposes of qualifying for the marital deduction allowable in determining the federal estate tax on Settlor's estate. Upon the death of Settlor's spouse any then remaining principal of the trust referred to in this Article V, paragraph (B), shall be held, administered, and distributed as part of the trust established in Article VI, infra. C)If Settlor's spouse survives Settlor, and if any amount is directed to be disposed of under and governed by the provisions of this Article V, paragraph (C), said amount shall be held, managed, and administered by the Successor Trustee, IN TRUST, NEVERTHELESS. The Successor Trustee shall collect the income thereon and pay to or apply for the benefit of Settlor's spouse so much or all of the net income thereof as Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for Sett lor's spouse's support, health, welfare, and benefit. Any balance of net income not so paid or applied shall be added to principal annually.If the principal of the trusts established under the provisions of Article V, paragraphs (A) and (B), supra, is exhausted for any reason whatsoever, then, from and after such exhaustion, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, welfare, and benefit of Settlor's spouse. Settlor's spouse is hereby authorized, in Settlor's spouse's individual capacity, by instrument in writing delivered to the Successor Trustee, to withdraw in the month of December of each calendar year any part of all of the principal of the trust to the extent of Five Thousand Dollars ($5,000) or five percent (5%) of the value of the principal of the trust on the last day of such yea r (which principal shall not be deemed to include undistributed income of the current year), whichever is the greater amount. This right shall be noncumulative.Settlor's spouse is hereby authorized, in Settlor's spouse's individual capacity, by instrument in writing delivered to the Successor Trustee during Settlor's spouse's lifetime, to direct the Successor Trustee to pay over and distribute, at any time or from time to time during her lifetime, so much or all of the principal of this trust to such of Settlor's then living issue, in such shares and proportions and either outright or in trust, as Settlor's spouse, in Settlor's spouse's sole and absolute discretion, may designate and appoint, provided that, no such appointment shall be effective to the extent it relieves Settlor's spouse of any obligations she may have to support any of the Settlor's then living issue. If, in Successor Trustee's sole and absolute discretion, the financial security of Settlor's spouse would not be je opardized, the Successor Trustee may, at any time or from time to time, pay to or apply for the benefit of any one or more of Settlor's then living issue so much or all or any accumulated income and so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, education, welfare, and benefit of such then living issue or any of them.Upon the death of Settlor's spouse, the Successor Trustee shall pay over and distribute the principal of this trust as then constituted, together with any undistributed net income, whether collected or accrued, to such of Settlor's then living issue, in such shares and proportions and either outright or in trust, as Settlor's spouse, by express reference to this provision in her will, may designate and appoint, or, to the extent, if any, that Settlor's spouse shall fail to effectively exercise this power of appointment, the remaining principal of this Trus t established in this Article V, paragraph (C), shall be held, administered, and distributed as part of the trust established in Article VI, infra. ARTICLE VI [Description]Upon the death of the Settlor's spouse after Settlor's death or if Settlor's spouse does not survive the Settlor then upon the death of the Settlor, the Successor Trustee shall divide the Trust Fund, as then constituted, into separate trusts, equal in value, one for each then living child of Settlor and one for the issue, collectively, of each child of Settlor who predeceases Settlor or Settlor's spouse leaving issue who survive Settlor. The share or portion of a share allocated to each beneficiary shall constitute and be administered as a separate trust. Separate books and records shall be kept for each trust, but it shall not be necessary that physical division of the assets be made to each trust. These trusts shall be administered as follows: (A)Each share so provided for a then living child of the Settlor who has not then attained the age of __________________ (___) years shall be paid over and distributed to such child, outright and free of trust. (B)Each share so provided for a then living child of Settlor who has not hen attained the age of __________________ (___) years shall be held, managed, invested, and reinvested by the Successor Trustee, who shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto, shall, at any time and from time to time, pay or apply to or for the support, health, education (including college and professional education), and maintenance of the child for whom such share has been placed in trust so much (even to the extent of the whole) of the net income of such share and/or principal of such share as the Successor Trustee, in his sole and absolute discretion, shall deem advisable for such purposes. The Successor Trustee need not consider such child's other sources of income when determining whether to invad e the principal of such share. The Successor Trustee shall accumulate and add to the principal of such share any balance of such net income not so paid or applied. From such time as such child attains the age of __________________ (___) years until such time as such child's share is terminated, the Successor Trustee shall pay over and distribute to such child, outright and free of trust, all income of such child's share, at least as frequently as quarter annually.At such time as such child attains the age of __________________ (___) years, the Successor Trustee shall pay over and distribute to such child outright and free of trust, all then remaining principal and undistributed income, if any, of said share. Upon the death of such child, said child's share, if not previously distributed in full pursuant to the foregoing provisions hereof, shall then be distributed as follows: The Successor Trustee shall pay over and distribute all then remaining principal and undistributed income, i f any, of said share, outright and free of trust, to the then living issue of such child, subject to the provisions of Article VII, paragraph (A), infra, per stirpes; or, if none, outright and free of trust, to the then living children of Settlor, per stirpes; or, if none, outright and free of trust , to the Settlor's heirs.Such distributions to Settlor's surviving children or to their surviving issue shall be made by the Successor Trustee herein appointed if any portion of the trust of such child or children hereinbefore established has not been distributed. If, however, such trust has been distributed, then such share shall pass directly to Settlor's then living children or their surviving issue, if any. (C)Each share so provided for the then living issue of a child of the Settlor who is then deceased shall, subject to the provisions of Article VII, paragraph (D), infra, be paid over and distributed, outright and free of trust, to such then living issue, per stirpes. D)Recognizing the possibility that the amount of the funds or property held in the trust created under this Article VI may be insufficient to justify the continuance of the trust, the Successor Trustee, in his discretion, may terminate any trust created hereunder whenever in his judgment such trust no longer serves a useful purpose, and upon any such termination, distribute the trust assets to the beneficiary of the trust, free and clear of any trust. (E)If neither Settlor's spouse, Settlor's children, nor any of the issue of Settlor's children survive Settlor, the entire Trust Fund shall be paid over and distributed by the Successor Trustee, outright and free of trust, to Settlor's heirs. ARTICLE VII [Description] (A)If any part of the Trust Fund is distributable to a person who is under the age of __________________ (___) years, then, in each case where it shall be lawful to do so, such property shall continue to be held IN TRUST by the Trustees.The Trustees shall hold, invest, and reinvest th e same, collect the income therefrom and, after deducting from said income all amounts properly chargeable thereto, at any time and from time to time, pay to or apply to the support, health, education (including college and professional education), and maintenance of such person so much of the net income as the Trustees, in their sole and absolute discretion, shall deem advisable for such purposes. The Trustees shall accumulate and add to the principal of said Trust any balance of such net income not so paid or applied. The provisions of this Article VII, paragraph (A), shall not refer to any child of the Settlor who is a beneficiary of a trust created under Article VI, supra.In addition, the Trustees shall be authorized, at any time and from time to time, to pay to or apply to the support, health, education (including college and professional education), and maintenance of such person so much (even to the extent of the whole) of the principal of said Trust as the Trustees, in their sole and absolute discretion, shall deem advisable for such purposes. The Trustees need not consider such person's other sources of income when determining whether to invade the principal of said Trust. The Trust hereunder with respect to property shall terminate when such person attains the age of __________________ (___) years or sooner dies, but in no event later than the time set forth in Article VII, paragraph (B), infra.Upon such termination, the Trustees shall pay over and distribute outright and free of trust, the then remaining principal and undistributed income, if any, of said Trust to the person for whose benefit said Trust was established, if he or she is then living; or if deceased, to his or her then living issue, per stirpes; or, if none, to any other issue of the Settlor then living, per stirpes; or, in default of all issue of the Settlor, to such deceased person's estate. (B)Notwithstanding any designation of age or distribution or any other provision contained he rein, if the creation of interests herein in any person shall violate the Rule Against Perpetuities or any other rule of law, then the interest of that person shall be accelerated and shall be deemed to vest within such time as will not violate the Rule Against Perpetuities or any other rule of law.In no event shall any such trust created pursuant to the terms of this Trust Agreement terminate later than twenty one (21) years after the death of the last to survive of the group consisting of Settlor's spouse, Settlor's children, and the issue of Settlor's children living at the time of the death of the Settlor. Upon such termination, the Successor Trustee shall pay over and distribute the then remaining principal and undistributed income, if any, of such trust, outright and free of trust, to the person for whose benefit said trust was so provided, if he or she is then living; or, if then deceased, to his or her then living issue, per stirpes; or, if none, to any descendant of the Set tlor, per stirpes; or, if one, to any then living issue of Settlor, per stirpes; or, if none, outright and free of trust, pursuant to Article VI, paragraph (E), supra. (C)Notwithstanding the foregoing provisions of this Article VII, whenever, upon the death of a beneficiary of any trust created under this Trust Agreement, all or any part of the then remaining principal and undistributed income, if any, of such trust shall be payable or distributable to a person for whose benefit the Successor Trustee is then holding property in trust under this Trust Agreement, then and in that event (in each case where it may lawfully be done) the same shall not be paid or distributed to such person, but shall instead be added to and thereafter constitute a part of the principal of the trust for such person. D)Whenever any property may be distributed to or for the support, health, welfare, education, and maintenance of a person under the age of __________________ (___) years (minor), or the net inc ome or principal of any trust created under this Trust Agreement may be paid or applied to or for the support, health, welfare, education, and maintenance of a minor, there shall be no necessity for the appointment of a guardian to receive distributions, payments, or applications for any on behalf of such minor. Rather, any such distribution, payment, or application may be made by distributing the same or paying the amount thereof to a parent, the guardian (if there is one), or any other person then caring for or having custody of such minor.Any distribution payment or application made to such parent, guardian, other person, or directly to such minor, pursuant to this paragraph (D), shall constitute a complete discharge and acquittance to the Successor Trustee, with respect to such distribution of the sum so paid or applied. (E)Except for the trust created in Article V, paragraph (A), supra, any trust created under this Trust Agreement shall be construed as a spendthrift trust. No p art of the income, accumulated income, or principal of such trust is ever to be subject to transfer, assignment, sale, pledge, or anticipation in any manner by any beneficiary or remainderman, nor is the interest of any beneficiary or remainderman, prior to the termination of such trust, to be seized in any manner or held liable for the debts, contracts, obligations, or engagements of any kind whatsoever of any beneficiary or remainderman hereunder.If any beneficiary or remainderman should execute any document by which he attempts to transfer, assign, sell, pledge, or anticipate his or her interest hereunder, the Successor Trustee is to immediately terminate all payments to said beneficiary or remainderman, and the Successor Trustee thereafter may pay over to any person such sums of money or other property which the Successor Trustee, in his sole and absolute discretion, deems to be in the interest of said beneficiary or remainderman. (F)For all purposes of this Trust Agreement, the terms child or children are defined to mean a lawful descendant or lawful descendants in the first degree, whether by blood or adoption (and whether born or adopted before or after the execution of this Trust Agreement), of the parent designated, and the term issue is defined to mean a lawful descendant or lawful descendants in the first, second, or any other degree, whether by blood or adoption (and whether born or adopted before or after the execution of this Trust Agreement), of the ancestor designated.The provisions of the preceding sentence to the contrary notwithstanding, for all purposes of this Trust Agreement, any child born to or adopted by persons who are holding themselves out as husband and wife after the performance of a marriage ceremony between them shall be considered as a lawful descendant in first degree of such persons, and therefore a child (as defined in the preceding sentence) of such person even though any divorce or annulment proceeding purporting to termin ate a prior marriage of one or both of such persons is or may be invalid; and a blood descendant in the first degree of a person shall be deemed to be a lawful descendant in the first degree of such person, and therefore a child (as defined in the preceding sentence) of such person, if it is established that such person has openly and continuously held out such descendant as his or her own son or daughter. For all purposes of this Trust Agreement the term Settlor's children and terms of like import shall refer not only to the [children / child] of the Settlor now living (viz. , ________________________________) but also to any child of Settlor (as defined in this paragraph (F)) born or adopted after the execution of this Trust Agreement. (G) For all purposes of this Trust Agreement, an infant in gestation who is later born alive shall be deemed to have been in being during such period of gestation for the purposes of qualifying such infant, after its birth, as a beneficiary of any t rusts created hereunder. H) Any reference in this Trust Agreement to Settlor's heirs means those persons, other than creditors, who would take Settlor's person property under the laws of the jurisdiction of Settlor's domicile at the time of Settlor's death if Settlor had died at the time stipulated for distribution, unmarried, intestate, and domiciled in such jurisdiction; and distribution to such persons shall be made in the same manner and in the same proportion that Settlor's personal property would be distributed under the laws of such jurisdiction if Settlor had died at the time stipulated for distribution, unmarried, intestate, owning the property available for distribution and no other property, without creditors, and domiciled in such jurisdiction.ARTICLE VIII [Description] Notwithstanding any other provisions of this Trust Agreement to the contrary: (A) On receipt of a written request from the Settlor's spouse, any unproductive property held as a part of the trust created i n Article V, paragraph (A), supra, shall be made productive or converted within a reasonable time into productive property. (B) The powers and discretions of the Trustee or Successor Trustee shall not be exercised in such a manner as would cause the trust created in Article V, paragraph (A), supra, to fail to qualify for the estate tax marital deduction in the computation of the federal estate tax on the estate of the Settlor. C) The powers and discretions of the Trustee or Successor Trustee shall not be exercised in such a manner as would cause any property remaining in the trust created under Article V, paragraph (C), supra, at the death of Settlor's spouse to be included in the Settlor's spouse's estate for federal estate tax purposes. ARTICLE IX [Description] In addition to and not in limitation of the rights, powers, privileges, and discretions vested in trustees by law, Settlor gives to the Trustee, in the administration of any trust created hereunder, the following powers, to be exercised, without application to any court, to such extent, at such time or times, upon such terms, and in such manner as the Trustee, shall in his absolute discretion, deem advisable. A)To retain, for so long as is deemed advisable, any property, real or personal, included in the Trust Fund, to abandon any property, to change investments and to invest and reinvest from time to time in such other property, real or personal, within or without the United States (including, but not limited to, improved or unimproved real estate directly or through partnerships, limited liability companies, or joint ventures), stocks of any classification and shares of or interest in any discretionary common trust fund or mutual fund, without being limited in such retention, investment, or reinvestment to property authorized for the investment of trust funds or any applicable local law, without regard to diversification of assets, even though such assets are not income-producing. B) To sell, with o r without notice, at public or private sale, for cash or on credit, with or without security, to exchange and to grant options to purchase any property, real or personal, at any time held hereunder, and in so doing to execute all necessary deeds or other instruments. (C)To borrow money, to mortgage or pledge as security, otherwise encumber, any property held hereunder, and, if money is borrowed from the Trustee, to pay interest thereon at the prevailing rate. (D) To lease for any period (without regard to the duration of any trust created hereunder or to any statutory restriction), exchange, partition, divide, alter, demolish, develop, dedicate (even without consideration), improve, repair, maintain, grant easements on, or otherwise deal with real property. E) To make contracts and agreements, to compromise, settle, release, arbitrate, or accept arbitration of any debts or claims in favor of or against any trust created hereunder, to sue on behalf of any trust created hereunder and to defend any suit against the same, to foreclose any mortgage, deed of trust, or other lien securing any obligation and to bid on the property at foreclosure sale or acquire the property by deed without foreclosure, and to extend, modify, or waive the terms of leases, bonds, mortgages, and their obligations or liens. (F) To vote, in person or by proxy, any stock or securities held hereunder, and to exercise or delegate all rights and privileges (such as subscription rights and conversion privileges) and discretionary powers in connection therewith. (G) To exercise any options or warrants for the purchase of securities on such terms and conditions as the Trustee deems advisable and in the best interests of the beneficiary of any trusts created hereunder; or alternatively, not to exercise any such options or warrants (and allow them to lapse) if the Trustee deems such non-exercise to be in the best interest of such beneficiaries. H) To consent to and participate in any reorganization , consolidation, merger, dissolution, sale, lease, mortgage, purchase, or other action affecting any stock or securities held hereunder, and to make payments in connection therewith. (I) To deposit property with any protective, reorganization, or similar committee, to exercise or delegate discretionary powers in connection therewith, and to share in paying the compensation and expenses of such committee. (J) To employ agents, attorneys, accountants, brokers, counsel, including investment counsel, or others, whether individual or corporate, and to pay their reasonable compensation and expenses. The Trustee may serve in any such additional capacity and be so compensated for services rendered in such additional capacity. K) To hold any property, real or personal, in the name of a nominee, or in his name as Trustee or to take stock or securities and keep the same unregistered in such condition that such stock or securities will pass by delivery. (L) In dividing or distributing principal of any trust created hereunder, to make such division or distribution in money, kind, or partly in money and partly in kind, or by allotting or assigning undivided interests in the property, even if one or more shares be composed in whole or in part of property different in kind from that of any other share. (M) To hold, in solido, for convenience of investment and administration, property constituting principal of two or more trusts created hereunder, or to make joint or common investments in which the separate trusts shall have undivided interests. N) To perform and carry out the provisions of any business agreements to which Settlor was a party and which may be in force at the time of Settlor's death (including, but not limited to, agreements of partnership, limited partnership, or joint venture, and agreements arising out of Settlor's interest as an officer, director , stockholder, or member of any corporation or limited liability company), and to reorganize or continue to oper ate any business, whether a sole proprietorship, partnership, limited partnership, joint venture, limited liability company, or corporation, in which Settlor may have an interest at the time of his death, under such terms and conditions, with such other persons and in such manner as the Trustee, may determine. The Trustee is authorized to have a personal interest as partner, venturer, stockholder, member, owner or investor in, to be employed by, or otherwise to serve any business referred to herein, and to receive compensation for such employment or other services rendered to or for such business. The Settlor owns at the date of execution of this Trust certain business known as _________ _____________________________________________.In the event that at the time of the death of the Settlor he owns a controlling interest in said business or successor thereto or in another business enterprise (whether operated in the form of a corporation, a partnership, limited liability company, or a sole proprietorship), the Settlor hereby desires that the Successor Trustee shall continue to hold and operate each such business as a part of the Trust Fund herein created. The Settlor hereby vests the said Successor Trustee, severally, including any successors to either, with the following powers and authority, as supplemental to the ones contained in this Article IX the applicability of which to the business of the Settlor confirms without limitation by reason of specification, and in addition to powers conferred by law, all of which may be exercised with respect to every such business, whether a corporation, a partnership, limited liability company, or a sole proprietorship. 1.To retain and continue to operate the business for such period as the Successor Trustee, as the case may be, may deem advisable. 2. To control, direct, and manage the business. In this connection, the Successor Trustee, in his sole and absolute discretion, shall determine the manner and extent of its act ive participation in the operation, and the Successor Trustee may delegate all or any part of his power to supervise and operate, to such person or persons as he may select, including any associate, partner, officer, member, or employee of the business. 3. To hire and discharge officers and employees, fix their compensation and define their duties; and similarly to employ, compensate nd discharge agents, attorneys, consultants, accountants and such other representatives as the Successor Trustee may deem appropriate; including the right to employ any beneficiary (or individual Trustee) in any of the foregoing capacities. 4. To invest other estate or Trust funds in such business; to pledge other assets of the estate or Trust as security for loans made to such business; and to loan funds from the Trust Fund to such business and to borrow from any bank or other lending institution, on such terms as are currently competitive. 5. To organize a corporation under the law of this or any othe r state or country and to transfer thereto all or any part of the business or other property held in the estate or Trust, and to receive in exchange therefor such stocks, bonds and other securities as the Trustee may deem advisable. 6.To take any action required to convert any corporation or limited liability company into a partnership or sole proprietorship. 7. To treat the business as an entity separate from the estate or trusts. In its accountings to the court and to any beneficiaries, the Successor Trustee shall only be required to report the earnings and conditions of the business in accordance with standard corporate accounting practice. 8. To purchase, process, and sell merchandise of every kind and description; and to purchase and sell machinery and equipment, furniture and fixtures, and supplies of all kinds. 9. To liquidate all or any part of any business at such time and price and upon such terms and conditions (including credit) as the Successor Trustee may determine.The Successor Trustee is specifically authorized and empowered to make such sale to any partner, officer, member, or employee of the business (or to any Trustee) or to any beneficiary hereunder. 10. To exercise any of the rights and powers herein contained in conjunction with another or others. 11. To diminish, enlarge, or change the scope or nature of any business. The Settlor is aware of the fact that certain risks are inherent in the operation of any business and expects that decisions will be required of a businessman's risk nature as contrasted with prudent man rule. Therefore, the Settlor directs that the Trustee shall not be held liable for any loss resulting from the retention and operation of any business unless such loss shall result directly from the Successor Trustee's bad faith and willful misconduct.In determining any question of liability for losses, it should be considered that the Successor Trustee, as the case may be, is engaging in a speculative enterprise at the Set tlor's request. If any business operated by the Successor Trustee pursuant to the authorization contained in this Trust shall be unincorporated, then the Settlor directs that all liabilities arising therefrom shall be satisfied first from the business itself and second out of the estate or Trust Fund; it being the Settlor's intention that in no event shall any liability be enforced against the Successor Trustee personally. If the Successor Trustee shall be held personally liable, he shall be entitled to indemnify first from the business and second from the estate or Trust Fund.It is recognized that any business interest which may be included in any estate or trust may require additional efforts and expertise on the part of the fiduciary. Accordingly, it is recognized that additional fees may be required. Such fees shall be taken as a director's fee, which shall be remitted to the fiduciary and/or as a management consultant charge by the fiduciary. (O) To make any loans, either secur ed or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporations, as is deemed advisable. (P) To receive, receipt for, and collect any and all income of every kind and character whatsoever, which shall, from time to time, be produced by or arise out of the trust estate. Q) The Settlor, while acting as Trustee, shall have the exclusive power and authority (1) to establish and maintain one or more accounts, which may be margin accounts, for the purpose of purchasing, investing in, or otherwise acquiring, selling (including short sales), possessing, transferring, exchanging, pledging, or otherwise disposing of, or turning to account of, or realizing upon, and generally dealing in and with (a) any and all forms of securities, including but not by way of limitation, shares, stocks, bonds, debentures, notes, script, participation certificates, rights to subscribe, options, warrants, certificates of deposit, mortgages, choses in actio n, evidences of indebtedness, commercial paper, certificates of indebtedness, and certificates of interest of any kind and every kind and nature whatsoever, secured or unsecured, whether represented by trust, participating and/or other certificates or otherwise, and (b) any and all commodities and/or contracts for the future delivery thereof, whether represented by trust, participating and/or other certificates or otherwise; (2) to pledge trust property as collateral for any personal or business loans of Settlor, or for the benefit of any other person or entity designated by Settlor; and (3) to delegate to any agent of Settlor's choice by power of attorney or otherwise, the conducting of banking activities for Trustee, or the hiring, cancellation or use of entry of a safe deposit box or other storage facilities in the name of Trustee. Said power and authority shall be peculiar to Settlor while acting as initial Trustee. (R) To form, renew, or extend the life of any corporation or bu siness entity while under the laws of any state and/or to subscribe for, or otherwise acquire, all or any part of the capital stock, bonds, or other securities of any corporation or business entity. (S) To pay, satisfy, and discharge all taxes and assessments upon the property comprising the trust estate or upon the income derived therefrom, and, in connection with any estate, inheritance, succession, or other imilar taxes that may be imposed upon Settlor's estate, the Successor Trustee shall make provisions and payment therefor if and to the extent that the Personal Representative of Settlor's probate estate, if any, so desires; provided, further, in the event that there shall be included in the trust property and estate any United States Treasury Bonds or other obligations redeemable at par value in payment of the United States Estate Tax imposed upon or with respect to all or any part of the trust property and estate, the Successor Trustee is hereby directed to apply such Bonds o r other obligations toward the payment of said tax in an amount not to exceed the total of such tax and any interest accrued thereon, which Bonds or other obligations may be so applied directly by the Successor Trustee, or, in the Successor Trustee's discretion, may be delivered to the Personal Representative of Settlor's probate estate, if any, in which latter case the Successor Trustee may rely upon any written representations made to it by such Personal Representative as to the total of said tax and shall be under no duty to verify the same. Further, where it is permitted by law to claim expenses as either income or estate tax deductions, Settlor's Successor Trustee may, but shall not be required to, make such adjustment between income and principal as Successor Trustee shall deem proper. Settlor's Successor Trustee shall not be accountable or responsible to any person interested in Settlor's property for the manner in which it shall exercise such election, and the decisions with respect to adjustment between income and principal shall be binding and conclusive upon all persons interested in Settlor's property. T) To determine what part of cash or other property received by it is income and what part is principal, and to determine what expenses and other charges, including Trustee's fees and disbursements, shall be a charge against principal and what against income; provided, however, that stock dividends, rights to subscribe for any stock or securities, or any profit or gain which may accrue from any sale, exchange, or other disposition of assets and property comprising or included in the Trust Fund, shall not be determined to be income subject to distribution, but shall be determined to be principal and shall be added thereto and treated in all respects in the same manner as the original principal of the Trust Fund after deduction therefrom as a charge against the same of all income taxes payable with respect thereto, and all losses sustained as a result of the sale, exchange, or other disposition of assets and property comprising a part of the Trust Fund shall be charged against the income of the Trust Fund or reduce the amount of such income subject to distribution. All cash dividends except liquidating dividends shall be considered as income. U) To pay, satisfy, and discharge all last illness and funeral expenses resulting from Settlor's death, and all debts, just claims, and administration expenses outstanding at the time of Settlor's death or resulting from Settlor's death, and to pay or otherwise satisfy all specific bequests under Settlor's will, as admitted to probate, in the Successor Trustee's discretion, to the extent that the fiduciary of Settlor's estate so desires, or to the extent that there are insufficient funds in Settlor's estate to pay said aforementioned items, without requiring any reimbursement from the Settlor's executors or administrators or other persons receiving property as a result of Settlor's death, pr ovided that no qualified pension or profit-sharing plan comprising a part of the trust estate, which are deemed not to be a lump-sum distribution as defined under the Internal Revenue, and otherwise not subject to Federal Estate Tax, or life insurance proceeds shall be used for such purposes. (V) To construe the trust provisions of this Trust Agreement and any construction thereof, any action taken thereon by the Trustee in good faith shall be final and conclusive, and the Trustee may correct any defect, supply any omission, or reconcile any inconsistencies in said trust provisions in such manner, and to such extent, as the Trustee shall deem expedient to carry the same into effect, and the Trustee shall be the sole, final and conclusive judge of such expediency. W) To make all discretionary decisions provided for or required by the provisions of this Trust Agreement, in their sole, absolute and uncontrolled discretion. (X) Generally to do any and all acts and things and to execute any and all written documents with respect to any property at any time held hereunder which the Trustee would be entitled to do were such property owned absolutely by the Trustee. (Y) To elect or not to elect to treat all or any portion of estimated tax paid by any trust created hereunder as a payment by a beneficiary of such trust, which election may be made pro rata among the beneficiaries or otherwise in the discretion of the Trustee, whose decision shall be conclusive and binding upon all parties in interest.It is the Settlor's intention and purpose, except as otherwise provided in this Trust Agreement, to confer upon the Trustee and Successor Trustee the broadest and fullest power and authority with respect to each trust created hereunder which it is possible for an individual to exercise over his own property and the Trustee and the Successor Trustee shall exercise such powers and authority in their sole discretion, in such manner, and to such extent, as they shall deem advisa ble. The provisions of this Article IX shall continue in effect with respect to any property at any time held hereunder until the execution or termination of the trust with respect thereto shall have been completed by the payment or distribution thereof pursuant to the terms of this Trust Agreement.No powers of the Trustee enumerated herein or now or hereafter conferred upon the Trustee generally shall be construed to enable Settlor, or Trustee, or Successor Trustee, or any of them, or any other person to purchase, exchange, or otherwise deal with or dispose of all or any part of the Trust Fund for less than an adequate consideration in money or money's worth, or to enable Settlor to borrow all or any part of the principal or income of this Trust, directly or indirectly without adequate interest or security. No person other than Trustee shall have or exercise the power to vote or direct the voting of any shares or other securities of this Trust, to control the investment of this Tru st either by directing investments or reinvestments or by vetoing proposed investments or reinvestments, or to reacquire or exchange any property of this Trust by substituting other property of an equivalent value. ARTICLE X [Description]This Trust has been accepted by the Trustee in the State of Maryland and it is the intention of the parties hereto that this Trust Agreement shall in all respects be construed, interpreted, and administered according to the laws of the State of Maryland and that the parties in all things in respect thereto shall be governed by such laws. This Article, however, shall not be deemed a limitation upon any of the powers of the Trustee or Successor Trustee, or to prevent their investing in properties, real or personal, located outside of the State of Maryland. ARTICLE XI [Description] The Trust created by this Trust Agreement is revocable by the Settlor who, at any time, may execute such further instruments as shall be necessary to revoke it.Settlor reser ves the right to alter, amend, or revoke this Trust Agreement in whole or in part, at any time or times, and from time to time, by a letter or memorandum in writing delivered to the Successor Trustee; provided that the duties, powers, and liabilities of the Successor Trustee shall not be materially or substantially changed by such alteration or amendment without Settlor's consent thereto in writing. ARTICLE XII [Description] (A) No bond or other security shall be required of the original Trustee hereunder or of any Successor Trustee. (B) The majority of the adult beneficiaries entitled to receive or have the benefit of the income from the Trust estate may approve the accounts of any individual Trustee at any time resigning as such hereunder. The approval of such accounts shall be full and complete discharge of such Trustee and shall have the same effect as if the Trustee had presented and had its accounts approved by a court of competent jurisdiction. C) In the event any corporate T rustee shall merge or become consolidated with any other corporation, such merged or consolidated corporation is hereby appointed successor corporate Trustee, with all powers, titles, privileges, immunities, discretions, and authorities conferred upon such corporate Trustee so merging or consolidating. (D) Whenever there are co-Trustees hereunder and any Trustee is absent or unavailable, the other Trustee may act without such absent or unavailable Trustee. Any persons dealing with the co-Trustees may rely on a certificate by any one or more of them that he or they have sole authority to act because of the absence or unavailability of the other Trustee, and such certificate shall be binding on the Trust and shall require the Trustee to make fully valid the transaction with any person relying on such certificates. E) The Trustees, and any partnership, firm, corporation, limited liability company, or other business entity in which the Trustees, or any of them are interested, directly o r indirectly, whether as a partner, principal, stockholder, member, creditor, employee, or otherwise, may deal with the Trust in the same manner as a third party might, including (by way of illustration and not limitation) purchasing property from and selling services for the Trust, and joining with the Trust in a joint venture, limited partnership, partnership, limited liability company, syndicate, corporation, or other business or non-business arrangement; provided, however, that no such transaction shall take place unless the Trustees decide that the transaction is fair to the Trust and is in the best interests of the beneficiaries. (F) Any Successor Trustee may resign at any time by giving not less than thirty (30) days written notice to the Settlor, if living; and if the Settlor is then deceased, then to the remaining Successor Trustee, if any; and if there is no remaining Successor Trustee, then to all competent adult persons and the parents or guardians of all minor or incomp etent persons who are at the time entitled to receive income or principal hereunder.Upon the resignation, death, or incapacity of any Trustee or any Successor Trustee, the Settlor shall promptly designate a Successor Trustee; in the event that the Settlor is then deceased, a Successor Trustee shall be promptly designated by the remaining Successor Trustee, if any; and in the event there is no remaining Successor Trustee or if the remaining Successor Trustee fails to designate a Successor Trustee within thirty (30) days, then a Successor Trustee shall be promptly designated by majority vote of all persons who would be entitled to notice of the resignation of a Trustee if a Trustee then resigned. (G) The Settlor shall have the right at any time (i) with the consent of the Successor Trustee(s), to remove any or all of the Successor Trustee(s) and to appoint a Successor Trustee(s) to serve in place of the Successor Trustee(s) who was or were removed, and (ii) with or without the consent of the Successor Trustee(s), to remove any or all of the Successor Trustee(s) and to appoint a bank or trust company having fiduciary powers as a Successor Trustee to serve in place of Successor Trustee(s) who was or were removed. (H) The Trustees (or any of them) shall be paid a fair and reasonable compensation for services performed hereunder. I) No Successor Trustee under this Trust Agreement shall be liable for any act or omission of his predecessor, nor for any loss or expense from or occasioned by any act or omission of his predecessor, nor shall any Successor Trustee be obligated to inquire into the validity or propriety of any such act or omission. Any such Successor Trustee shall be entitled to accept as conclusive any accounting and statement of assets furnished to such Successor Trustee by his predecessor or by the personal representative of such predecessor and shall further be entitled to receipt only for those assets included in such statement. (J) The use of any gend er herein shall be deemed to include the other genders, and the use of the singular shall be deemed to include the plural (and vice versa), wherever appropriate. K) Wherever the term Trustees is employed herein, it shall be deemed to refer to the original Trustee and any Successor Trustee or Successor co-Trustee named herein or other Trustees or co-Trustees appointed hereunder. ARTICLE XIII [Description] Any Successor Trustee shall have all the duties and powers assumed by and conferred upon the Trustee under this Trust Agreement. The appointment of a Successor Trustee shall be made by a duly acknowledged instrument delivered to the beneficiaries. IN WITNESS WHEREOF, Settlor has signed and sealed this Trust Agreement and, to evidence acceptance of the terms and conditions of this Trust, the Trustee and Successor Trustee have signed and sealed this Trust Agreement, all on the day and year indicated below. witness: | |SETTLOR:

Government Regulatory and Legislative Organs The WritePass Journal

Government Regulatory and Legislative Organs Introduction Government Regulatory and Legislative Organs IntroductionNational Oil Spill Detection and Response Agency (NOSDRA)National Environmental Standard Regulatory Agency (NESREA)  Department of Petroleum Resources (DPR)Senate Committee on Environment and Ecology Rivers State Ministry of EnvironmentConclusionRelated Introduction In the previous chapter, the researcher’s interview with Shell’s regional manager for environmental affairs was presented. In this chapter I will firstly present my interviews with representatives of the three regulatory agencies in the Nigerian oil industry, namely; the Department of Petroleum Studies, the National Oil Spill Detection and Response Agency and the National Environmental Standards and Regulations Enforcement Agency. Secondly, interviews with agencies that collaborate with the three regulatory bodies or conduct oversight functions in the oil industry are presented. The organizations are the Nigerian Senate Committee on Environment and ecology and the Rivers State Ministry of Environment. National Oil Spill Detection and Response Agency (NOSDRA) The researcher was able to gain access to the an official representative of NOSDRA with the help of an introductory letter from the University of Leicester and acting Director General arranged for the researcher to interview a key department head for the purpose of this research.   Ã‚  Ã‚   NOSDRA is the sole agency with federal responsibility for regulating oil related environmental matters and is unique in not having responsibility for   non-oil industry related environmental matters as is the case for other environmental agencies in Nigeria. The roles of the organization were presented in Chapter two, so the.     Ã‚  Ã‚   The respondent was first asked to explain the statutory functions of NOSDRA. The official explained that the functions are regulated by the federal Ministry of Environment which has the overall mandate to protect and conserve the Nigerian environment while NOSDRA has responsibility for implementing various aspects of the national environmental policy, specifically     within the petroleum sector.   Ã‚   The respondent was asked how NOSDRA carried out its responsibilities of regulating the oil industry exactly. He noted that the basic responsibility of NOSDRA is to respond to any oil spill through reporting procedures. He explained further â€Å"By law, all oil spills irrespective of the quantity must be reported, and the oil companies usually abide by this requirement. However there are cases where oil companies may not know that they have a spill, and, where such spills occur, they are often reported by the community and then we   immediately inform the oil companies concerned who have first responsibility to organize remedial measures † (t13). The regulator also explained that his agency works in collaboration with others as part of a Joint Investigation Team (JIT). The team is comprised of the oil companies, the regulatory body and the state counterpart, the State Ministry of Environment and the host communities. The JIT jointly determine the cause of the spill. If the spill is the result of sabotage or third party interference, no compensation will be paid but the oil company concerned must make all reasonable efforts to take remedial action.   In cases where there is no third party interference, remedial action must be taken and the JIT will carry out a damage assessment and compensation must be paid accordingly.† (t13). The respondent also argued that the Joint Investigation Visit is necessary because â€Å"we have a peculiar situation in Nigeria.   In other parts   of the world oil spills would be almost certainly accidental   but here we have third party interference, that is oil bunkering, oil theft, sabotage and so on, so a joint investigation visit is necessary to ascertain the cause of the spill and the extent of the spread of the spill because, according section 11(c) of the Oil Pipeline Act of 1969, when a spill is caused by third party interference through vandalism or sabotage, the oil company that is operating in that area does not have to pay compensation but still has to take remedial action †(t13). A JIV approach is also necessary because of the poor levels of trust between the oil companies and the community. The community where the spill occurs may sometimes argue that the spill has been caused by equipment failure or human errors in maintenance while the oil company may also argue that it is sabotage or third party interference.   The senior official explained that according to the law â€Å"there are three ways of reporting oil spills, first by telephone so that we can immediately deploy our staff. Secondly, when it happens the community filled a form called from A when we get there we establish the cause and the extent of the spill and the facility owners are required to put remedial measures in place within the first 14 days, depending on the nature and extent we do remediation especially when the screening shows that it could have negative impact on human health and the environment† (t13). However, the official explained that in some cases it has not been possible to comply with the legal requirement to respond to a report of a spill within 24 hours and to put in place remedial measures within two weeks because of hostility from the community who sometimes delayed the response because of the belief that a delay would lead to a greater spill and the opportunity to claim more  Ã‚   compensation.   Ã¢â‚¬Å"In one instance, where the spill was caused by third party interference, the community took the company to the court to get an injunction restraining the facility owner from gaining access.   It took about four meetings before we could persuade the host community to remove the junction in the court before we could gain access to stop the spill. This process took about a month and half, imagine a breach leaking for that period, so those are some of the problems we face in   responding to oil spills in Nigeria† (t13). The local communities the respondent agued consider any oil spill on the environment as something of a bonanza, so they try to delay the response, and, in some cases, the Joint Investigation Team has to pay for ‘permits’ to enter the affected area, to access the facility to stop the source of the spill, resulting in increased environmental damage.   He pointed out that Joint investigation visits were therefore very difficult and complicated. The senior NOSDRA official noted that the claim by the community that JIV reports are sometimes ignored or altered under Oil Company’s pressure may not be â€Å"entirely correct, the reason being this is if we are part of the joint investigation team that carry out the joint investigation visit, if the diver goes down there and comes up with a report that it is equipment failure, obviously it is of upheld. It is not possible for a manager who sat in the office to say what is there, for instance I am there, am relying more o n the report submitted by my officer,   I may have the mental impression of what happen could be for instance pipeline licking or manifold under water, two reasons could be, It could be vandals who could divedown to alter   the pipelines but it is more probable that it is corrosion   because, the pipelines are   within an area that is perpetually   wet,   wet terrain were the rate of erosion will be very high† (t13). The senior regulator is also of the opinion that it is possible the water which is essentially salty may hasten the level of corrosion couple with the pressure inside and outside the pipelines there could be a pipeline enrapture. According to him this is more of equipment failure than third party interference. However, in some cases NOSDRA experience a situation where during the crisis time some people want to destroy pipeline and detonate dynamite by blowing them up and in such cases large spills are recorded and nobody knows it is sabotage or third party interference. Another angle according to the NOSDRA representative is that â€Å"in many cases where JIV’s are carried out host communities are very hostile and aggressive even when they know the cause is third party interference and may attempt to get the regulators to report that it is equipment failure because that is the only way compensation can be guaranteed. If you refuse, you may be attacked. Our approach in these situations is to remain calm and not release our findings until later from a less intimidating environment† (t13). I ask the NOSDRA official what are the main cause of oil spills in Nigeria. He cited statistics released by individual oil companies and the official statistics kept by NOSDRA since the inception of the agency in 2006 he claimed that third party interference has been the main cause of oil spills rather than equipment failure. â€Å"This was proved by individual companies and by aggregate of all, and of cause when people tell you they are going to blew up your pipelines and indeed they carry out the threat, so all of this is responsible for the high rate of oil spill which in our opinion degraded the environment†(t13). However, the regulator noted that equipment failure was a cause of some spills; he cited the case of Exxon-Mobil, which operates mainly offshore, and noted the problems they had had with salt water corrosion of pipelines. The regulator also explained that as well as its major role of responding to oil spills, NOSDRA was also mandated to sanction violations of environmental laws.   He said after every JIV a scope is set and his agency follow up to ensure compliance.   However, in some cases, he noted that some oil companies do not comply in a timely manner. â€Å"Shell was guilty of that and we imposed a fine of one million naira (about $6,600) on it† (t13). The regulator conceded that the amount was relatively small but noted that â€Å"NOSDRA cannot raise the amount without amending the law itself† (t13). The Manager also explained that NOSDRA had also previously sanctioned The Pipeline and Production Marketing Company (PPMC), a subsidiary of the government-owned Nigerian National Petroleum Corporation (NNPC). The NOSDRA regulator noted that the financial penalties imposed on oil companies (see above) had helped to change the attitude of the oil companies towards environmental issues, because of the global attention on good environmental practices. The official suggested that the penalties imposed on Shell had led to significant changes in their environmental policies and procedures.   Before the fine was imposed, Shell had only had a Health, Safety and Environment manager who had to deal with a wide range of issues whereas now they had developed a much more comprehensive structure with a manager for oil response, a Manager for remediation, a manager for compensation issues communications manager who had the task of ‘interfacing’ with government regulatory agencies.   The regulator explained that â€Å"at least know they have seen that there is need to comply because as an international oil company if anything happens to it, it will affect its shares in the New York stock exchange, just like BP. And when investors noticed you are causing environmental pollution, they will either refuse to invest in your company or de-invest their existing share and the company know what can come out of it, that is why they quickly adjusted†(t13). The manager admitted that enforcing environmental regulations in the petroleum industry has been a major challenge for NOSDRA. He explained that lack of funding from the government was becoming a major problem for his organization. â€Å"Our   immediate challenge is lack of funding, we need adequate funding to enable us to purchase technical equipment and to provide effective logistical support, which would mean we could respond more rapidly, because speed is the key to effective oil spill response†(t13). The researcher asked the respondent whether or not NOSDRA received any other funding besides the government statutory allocation, he replied that â€Å"The funding of this agency comes mainly from statutory allocations. At the beginning of each fiscal year the budget is set and we have to work within this budget but we have been exploring other possibilities such as getting some form of assistance from international donors† (t13). On collaboration between NOSDRA and other regulators, the Manger explained that his agency maintained a good relationship with other stakeholders particularly these in the Joint Investigation Team. However, he observed that there was a problem of overlapping functions among the regulators; some of these problems he argued are created by the human factors. â€Å"There are overlapping responsibilities between the Ministry of Environment and NOSDRA, although the government has tried to reconcile these, there has been an element of territoriality involved a reluctance to give up areas of influence so there is still some overlap in functions with respect to regulating the petroleum sector.   But in the last 3 to 4 years the attrition was high but know it is weathering down they are beginning to concede day by day to the fact that environmental issues should aptly be in the environment ministries and its agencies like NOSDRA† (t13). The next section will present my interview with the second regulatory agency also under the Federal ministry of Environment. National Environmental Standard Regulatory Agency (NESREA) This government agency has its head office in the centre of the Federal capital territory. Gaining access to this agency was problematic and the researcher had to apply through the Ministry of Environment. The agency’s Director General arranged for the researcher to interview one of her principal officers a US trained environmentalist. The senior official made it clear that the interview would only last for only thirty minutes because of prior commitments.   He informed the researcher that the primary mandate of his agency is to protect the Nigerian environment and to thus ensure that human health is also protected.   He also noted that the agency ensures that all regulations and standards are properly implemented at a national level. While carrying out this function, the agency collaborates with other stake holders. â€Å"We sign a memorandum of understanding with various agencies, organizations, state governments and the private sector.   In fact, any agency that has related responsibilities to those of NESREA. We also work closely with state government that’s why we have about 16 state offices across the country in addition to the six zonal Headquarters, which have responsibility for the states within the zone just like the same six geo political structures in the country. The   reason is that we work closely with the state and part of that is that interrelationship and cooperation is to let the states have some level of ownership, were ever we go the state government provided us with an office so that they will have some   sense of ownership†Ã‚   (t14). The NESREA official also noted that his agency also collaborates with individuals, civil society, academia and international organizations. He pointed out that one of the major achievements of NESREA has been to develop eleven new regulations already documented and thirteen more are undergoing expert review.   According to him â€Å"the laws are meant to balance our environmental consideration in every aspect of our development effort† (t14). The researcher asked the respondent to outline what his agency considered to be source of environmental degradation and the role of his agency in oil related environmental degradation in the Niger Delta. He argued that in Nigeria environmental degradation is not limited to oil related degradation He explained â€Å"There are lots of forms of environmental degradation, of course, and particularly land degradation in the North and problems with desertification and in the South with erosion† (t14). However, he noted that oil pollution in the Niger Delta is a major problem for his agency. In relation to this, he noted the agency was also concerned with the level of poverty in Nigeria, the official said â€Å"poverty is a problem because it causes indoors pollution the local communities use large quantities of firewood by for cooking   and unfortunately   even those who do a lot of smoking are creating problem† (t14). The respondent further explained that another major threat to the environment is the problem of disposal of old electrical goods. According to the senior official Nigeria is becoming a global dumping ground for unserviceable, end of life electronic products.   As a government regulatory agency, he explained â€Å"we check the influx of e-waste to Nigeria, we have to also deal with those who are bringing them in, and we have to work closely with the Alaba (Lagos) International Electronics Market, because a lot of guys are bringing shipment from there. We also have to work closely with the consumer protection council and standards organizations of Nigeria because part of the problem relates to the standards of equipment coming into Nigeria.   There’s no point importing equipment that is waste even before arrival† (t13). In order to track   address the problem of electronic dumping and other related abuses NESREA is also involved in environmental education awareness campaign involving security agencies like Nigeria Police, the immigration and customs services and the road safety commission. The purpose of the education programmes is to give officials of these agencies the tools to identify environmental violations, understand the legal implications of these and the role of these agencies in enforcing environmental legislation. He cited the example of NESREA’s collaboration with the Federal Road Safety Commission to reduce vehicular emissions, with the Nigerian police to report and respond to noise or air pollution. NESREA also work with the immigration authorities to prevent the illegal smuggling of flora and fauna across the Nigerian borders, which in the opinion of the official, is also another source of environmental degradation. There is also close cooperation with the Nigerian customs s ervice to stop the importation of e-waste. The researcher asked the senior official what specific role his agency is playing in regulating the Nigerian oil industry.   He noted that the only function his organization has in regulating the oil sector is in ensuring that whatever terms were reached in public hearings involving oil companies and oil communities are complied with either by the Oil Company or the communities.   He also noted that it was the responsibility of NOSDRA. However, the respondent explained that the regional offices conduct inspections of oil facilities on occasion and any environmental violations are reported to head office, and in some cases the agency also encourages the neighborhood watch to report contraventions on environment. When such reports are received NESREA investigates and can prosecute violators if necessary. NESREA also ensures compliance with any actions imposed by the courts in such cases. Although NESREA has a mandate to protect the environment, the official noted that there was some overlap in responsibility and function with other agencies.   However, he maintained that NESREA is doing everything possible to find common ground to work together with other agencies without losing focus on the primary objective of the agency. Next I will present a similar visit to Department of Petroleum resources, a federal government agency that also played a key role in the petroleum sector.   Department of Petroleum Resources (DPR) The interview with the DPR differed from the other interviews in that the researcher was given access to, four officials to interviews. However, unlike the previous interviews, these officials refused to be identified or to allow the interview to be recorded.   They stated that they belonged to the ethnic groups inhabiting the Niger Delta and did not want to risk being identified through the research as this could jeopardize their personal safety, despite the researcher’s assurance of identity protection.   The interview was therefore carried out in a form of focus group and off tape. The officials discussed the official version of the environmental problem from their organizational perspective and at the same time their personal feelings as Nigerians.   It is worth pointing out that during the discussions, there was wide disagreement between the participants and various contradictions and inconsistencies emerged.   As is discussed further below. The DPR officials agre ed to answer only questions that concerned their operational responsibilities and not issues relating to the politics of the Nigerian oil industry. However, the discussion did include some discussion of this more controversial area. The DPR focus group were asked questions on seven key areas including Environmental Impact Assessment (EIA), environmental laws, collaborating with other agencies to tackle environmental problems in the petroleum industry, the challenges and constrains, on multiple regulations, the vision of the department and the opinion of the   DPR on environmental degradation in the Niger Delta. According to the respondents, the   environmental legislation in place today   are effective, unlike in the early 90’s, when there was no specific law specifying who is responsible for environmental issues in the oil sector. However, they noted that the ‘Nigerian factor’ is always a problem.   The respondents were asked what they meant by the ‘Nigerian factor’, however, they reminded the researcher that, as a Nigerian, he should understand this concept and that as civil servants they would not want to say more than that. The respondents all agreed that implementing environmental legislation in Nigeria is difficult because of the resistance from some oil companies, however, the DPR tries to apply sanctions were necessary.   According to the respondents â€Å"What is also helping us now as a regulatory agency is the general level of environmental awareness, on issues like climate change and global warming. There are now powerful NGO’s raising public awareness of environmental problems and, from our experience, this puts pressure on the oil companies to be environmentally aware.   Another forum Are the social networks like ‘Twitter and ‘Face book’, which also heighten public awareness, no company wants to have a bitter experience of BP in the Gulf of Mexico† (FN18). This reason, according to one of the respondents, is now forcing the parent companies to monitor the activities of their subsidiaries worldwide to ensure compliance with good environmental practices. This is unlike before when the subsidiaries is another countries are treated as entities. I ask my respondents how DPR collaborate with other agencies in the sector.   The argued that regulating the oil industry requires close collaboration among the multiple agencies as provided by relevant laws.   However, the respondents were of the opinion that the collaboration is not working as it should. This, according to one of them is due to the lack of well defined roles and boundaries for each regulatory agency. One of them cited the example of NOSDRA as one of the agencies that abandon   its primary mandate as a third tier regulatory agency to be involved in non-oil spill issues (FN18).   They   argued that â€Å"unless   Nigeria adopted a model similar to that used in the   United States where the   Environmental Protection Agency (USEPA) formulates laws, which are   widely applicable to the agencies both at state and local levels, in Nigeria   the level of ignorance of the laws and greed among the regulators make the problem   more severe† (FN18 ). As well as the problem of collaboration among the regulatory agencies, the Department of Petroleum resources is also facing some challenges and constrains in respect of funding which in some cases have seriously impacted on the DPR’s effectiveness. The respondents all agreed that funding is a major problem, they claim DPR has the technical know-how however, logistics and security has changed all that, â€Å"we can’t get to relevant locations on our own, we don’t have the necessary logistics, the closest we can do on our own is to visit downstream sector, but in upstream sector is impossible we can’t† (FN18). The respondents were asked to explain the logistics problem, and they noted that they were supposed to be provided with helicopters, boats, and operational road vehicles.   At present, they only have operational vehicles, and at times due to the topographical nature of the Niger Delta they had to abandon them and trek for several kilometers be fore reaching sites.   One of the respondents explained that they had to rely on oil companies to provide them with logistical support like helicopters and boats. In relation to this, one of them advised me to read the Irekife Report (1991) which suggested ways the DPR should be funded to be more effective. Another major challenge for the DPR according to the respondents comes from the oil communities themselves â€Å"who at times will not allow access by DPR/Joint Investigation Team due to criminality and greed, there are some cases where one of the parties challenged the findings of the Joint Investigation Team report.   Sometimes they use threats to change the findings of the report and on occasion warn the JIT not to come otherwise they will attack the team† (FN18). The officials also noted that certain communities would justify their criminality using cultural reasons, stating that some areas were sacred, and could not be visited by non-indigenes as this would bring calamity on the community.   On occasions, they also request to perform traditional rituals before access is granted. The official stated that thought these were often deliberate attempts to delay access to the spill in order to increase the amount of environmental damage and the corresponding amount of compensation.   At times we are compelled to do our job by proxy and they believe the more the spill the more the compensation† (FN18). The researcher asked the respondents to explain what exactly he meant ‘by proxy’ but he was prevented by another respondent from providing further explanation, because that will mean compromising their personal safety. Finally, the respondents were asked for their opinion on the causes of environmental degradation in the Niger Delta.   One of the officials explained that â€Å"oil theft account for about 90 percent of the oil spills, which is widespread despite the danger to the population and the environment. The attraction of making ‘quick money’ makes it very difficult for some people to resist the temptation of stealing oil from the oil facilities† (FN18). Other major challenges to both the environment and public health   over the   last ten years, according to the respondents,   include crude oil theft And   illegal refining.   However, the DPR officials also noted that equipment failure, corrosion, operational error (human error) had also led to oil spills and environmental degradation.   On the overall they argued, DPR has zero tolerance approach to oil related environmental degradation, though with the official could not explain if there is any target set to achieve this. The officials also express their own opinion as Nigerians. They argued that if there were more honesty and integrity over the way both environmental and oil sector is managed in Nigeria, then the environmental problems would be minimal if not eradicated completely â€Å"But as long as corruption is widespread, particularly among the government officials and the political class,   then our environment will continue to suffer degradation † (FN18). In the following section, the interviews with the official of the Nigerian Senate Committee on Environment and Ecology and with the representative of the Rivers State Ministry of Environment are presented. Senate Committee on Environment and Ecology The Nigerian senate committee on environment and ecology is one of the standing committees of the Nigerian legislature or the national assembly. The primary responsibility of this committee is to make laws on all issues related to the environment in Nigeria.   The committee oversees environmental matters under the standing rules of the Nigerian senate.   The committee legislates on issues like environmental pollution, air water, land degradation, and matters relating to marine pollution. The committee is also responsible for allocating funds to all agencies under the federal Ministry of Environment.   Another mandate of this committee is to identify key projects within the environmental sector and ensure the government gave them the priority they deserve.   A third main responsibility of this committee is to perform an oversight function for the national environmental sector through monitoring of budgetary allocations and expenditure on the projects that were approved originally in budgets.  Ã‚   Nigerian legislature is a bi-cameral and, therefore, the Senate Committee on Environment and Ecology  Ã‚   performs its legislative duties in tandem with the sister committee in the Federal House of Representative.  Ã‚   Before any bill becomes law or budgetary allocations and projects are approved, the two committees must harmonize any differences in their positions before is forwarded to the two chambers for ratification and assent by the Nigerian President. From the discussion above, it can be seen that the Senate Committee is strategically importance in the environmental sector in Nigeria and, therefore, an essential source of information in the data collection process. Findings from the earlier interviews with agencies regulating the oil sector and from the oil communities suggested that environmental laws in Nigeria are either obsolete or they are not effective enough to enforce any regulation. In addition, it had been suggested that the government was too corrupt to enforce standards or enforce sanctions when the laws were violated. My original plan was to meet with the two chairs of the Committees in the Senate and House of representatives respectively. However the researcher was unable to interview the House Committee chair despite five separate interviews having been arranged.   Therefore, the researcher decided to focus on the senate committee, the superior committee by hierarchy. The interview covered five major issues. First, the perception of the Nigerian Senate on environmental issues in Nigeria, second, the legislative framework of environmental legislation, third, the politics of environmental legislation in Nigeria, fourth,   how the committee regulates the regulators and, finally, the  Ã‚   opinion of the Nigerian Senate on global environmental issues . According to the clerk senate committee the environmental problems in the Niger Delta cannot be treated in isolation because every area in the country is crying for attention â€Å"In the Northern part of the country the desert is encroaching at an alarming rate, claiming about five kilometers per annum, and this makes drought increasingly likely as new diseases are emerging, people and animals are dying and there are more and more conflicts between farmers and herdsman over grazing lands. If you take the Southeastern part of the country the erosion, the land slide clearing villages and taking people along with them recoding lot of death, people will wake up and they are buried under the ground. So the focus is not only on the Niger Delta.   But agreed there are major problems in the Niger Delta like pollution, unprecedented soil degradation, farmlands, water, everything is polluted, gas flare, public health, their houses roof tops etc.   So I would say that no one problem is mo re important than the other but we must use a holistic approach to tackle all the problems simultaneously, rather than focus on one thing and neglect the other problems†(t15). The respondent argued that most of the laws regulating the environment in Nigeria are not in line with contemporary environmental challenges. She stated â€Å"We have a number of laws dating back to the 1950’s, 60’s and most of these laws are not fit for purpose and are no longer relevant to contemporary realities, or address current environmental issues as set out by the United Nations Framework Convention on Climate Change Committee, so a lacuna exists in terms of legislation with respect to the environment sector† (t15). In addition the respondent noted that one of the major problems in developing effective environmental legislation in the past was the relatively unstable democracy in Nigeria where military coups had interrupted the development of an effective legislative framework.   Nevertheless, she was of the opinion that the stable democracy attained since the inception of this political dispensation in 1999 has meant the, legislature had been able develop the legal framework and create, for example, the agencies regulating the environmental sector. She noted that these agencies were already having a positive impact on environmental protection. The Clerk explained that as at now the National assembly had created a number of bills that were presently before the legislature. She noted that these included the Climate Change bill that would lead to the establishment of climate change commission, the Petroleum Industry Bill, the Biodiversity bill, the Bio Safety bill and Gas Flaring bill, which are intended to improve the sector and make operators to comply with acceptable standards. The researcher asked the respondent to what extent the problem of environmental legislation affect the environmental regulations in Nigeria. The respondent explained that most of the problems are economic and political in nature.   She argued that â€Å"There is a school of thought that says we don’t have money to keep setting up agencies, that the financial resources required are huge, and that we should strengthen the existing ones and give them more teeth to function instead of duplicating agencies to create jobs for the boys. If you want to give specific task to specific agency, for the purpose of effectiveness and productivity there will be nothing wrong creating it,   like setting up the Climate Change Commission which is absolutely necessary in the face of the present environmental trends† (t15).   On the other side another group is saying we cannot set it up because we don’t have money instead let us strengthen NESREA or NOSDRA to take care of the d emands by the political class.   Currently, the national assembly is being asked to create a Desertification Commission by some northern Senators and then the Senators from the eastern part of Nigeria also want erosion commission and according to the committee Clerk the committee is of the opinion that one agency can be established to cater for both desertification and erosion. The respondent also acknowledged that the roles of the various regulatory agencies in the environmental sector sometimes overlap and leads to clashes of interest.   She stated â€Å"The Committee has noted that there is some overlap in terms of function and responsibility among the regulating agencies both NOSDRA, NESREA, DPR and parental ministries and some other agencies. The committee is studying the problem   Ã‚  to see how we can reduce the overlap and make them more effective and efficient.   The senate is currently formulating amendments to strengthen them and also remove areas of duplication in the existing legislation so that   they can reflect the provisions of the United Nations Framework Convention on Climate Change† (t15). The Clerk also noted that the Senate Committee has a limited constitutional mandate to drive these changes as the main role of the Committee is purely one of oversight in relation to the regulators. She pointed out that the Ministries of Environment and Petroleum Resources are solely responsible for the activities of these agencies.   She stated â€Å"We are not responsible for their day to day operations but our role is to see the outcome of the field assignment, how they are doing this particular job that has been budgeted for in the budget how effectively they carry out their role is not in our mandate. We are more concerned with the impact they are having on the environment than how they carry out their duties and we don’t interfere in their internal operations† (t15). The researcher asked from the respondent if the existing environmental legislation was effective enough to enforce standards in the oil industry. The respondent had doubts as to whether such legislation is effective enough to regulate the oil industry in Nigeria.   Though the committee receives series of petitions from the affected oil communities which has been there for over years, but the Committee, according to the respondent, has been making serious efforts to tackle the problems, she noted that the problems are multi faceted and that, on the one hand, the oil companies claim it is sabotage, while, on the other hand, the community claim the causes are mainly operational failures. According to the respondent the Committee was committed to ensuring that the operators operate within the standards that are globally acceptable, she argued that â€Å"Nigeria is not the only country where oil exploration and extraction is taking place and this exploration is mostly governed by set standards.   Nigeria should follow the same standards, we know that the we need to strengthen legislation to further enforce compliance in Nigeria, and we are really working hard to achieve this. We are talking with the oil companies and visiting locations to see things for ourselves and, despite the enormity of the problems we are trying to ensure something is done† (t15). Concerning the use of sanctions and compliance, the senate committee acknowledges it doesn’t enforce any sanctions when there are violations. The Committee has no constitutional mandate to do this. The regulatory agencies have the responsibility to impose sanctions such as shutting down the operations of the companies, taking them to court or fining them.   The Senate can only direct the relevant agencies to take action or summon them for investigative purposes or public hearings. The Clerk was also of the opinion that while there was a need for proper enforcement of the law, there was also a need for enlightenment and education. She noted that people and corporations need to understand the dangers of degrading the environment and the future consequences. According to her, Nigeria is now taking the lead in Africa by creating the first national Climate Change Commission to tackle the issues of climate change. This section will be followed up with a visit and interview with a state politician and a senior official in the Rivers State Ministry of Environment, Port Harcourt. Rivers State Ministry of Environment The researcher had initially not been intending to interview key personnel in the Rivers state but it soon became clear that it would be necessary to try and interview representatives of the Rivers State Ministry of the Environment.   This was because the ministry represents the environmental interests of the Rivers State government and at the same time has close connections to the communities and the oil companies in the area. Access to state environmental official who is also a local politician was difficult at the beginning the interview had to be rescheduled more than five times before access was gained to interview the senior government official. The ‘interview’ was unusual in that it took the form of a group  Ã‚   interview with journalists who were doing a personality profile interview with the politician.   Initially, a separate interview had been requested but this was turned down on the grounds of time pressures.   The discussion with the senior official concerned the role of his ministry on matters relating to oil related environmental issues, environmental laws, and relationships with the oil companies, the federal government, and the communities, other regulatory agencies in the sector and the environmental politics in the state. The major function of the ministry is to safeguard the environment of Rivers State. Its primary mandate is to formulate, execute and review policies on environment and ecological matters within the state, monitor and evaluate environmental and ecological programmes and projects in the state and to protect the physical, biological and chemical environment of the state. Its mission statement is to bequeath to the present and future generations of the state a healthy and sustainable environment. The Ministry also liaises with other key stake holders in the environmental sector of Rivers state.   The ministry is one of the regulators in the sector it works with the DPR, NESREA, and NOSDRA in particular. The ministry is also part of Joint Investigation Team that investigates oil damaged sites, the impact of the spill on the environment and possible claims for compensation. By law, spills have to be reported to the Ministry within 24 hours by the oil companies or the impacted community. The Ministry is also involved in the payment of compensation, the cleaning and remediation of the sites.   The Ministry is also responsible for re-inspecting affected sites after they have been cleaned, and remediated.   If the Ministry is satisfied with the remediation efforts, a certificate is issued to that effect, and if it is deemed unsatisfactory, the facility owner is urged to go back to site. As a key stake holder in the regulatory process, the senior government official was asked his opinion on the relationship between his organisation and the oil corporations in the state. In relation to this, he noted â€Å"it has been problematic dealing with them because they do not apply the same standards in Nigeria as they do elsewhere. You will also find out that they also exhibit a high level of ignorance here, because when you have a polluted environment, it also affects you because that is where you work, that is where your family exist so I don’t see any reason why somebody who is very well enlighten and who understands this problems will want to allow a polluted environment to remain for the purposes of making profit.   We have to be alive to enjoy the money we are making† (t21). The respondent was also of the opinion that the responses to the cases of spills by the oil companies were dictated more by the economic value or its importance to them than making good the environment. â€Å"I don’t think they feel sorry that they are polluting the environment, they are more concerned with the cost of the oil spilled.   If it is possible not to lose money and continue polluting the environment; you won’t get any reaction from them† (t.21). The official explained that the Ministry had organized a corporate forum to consider ways to minimize the emission of green gases and to combat climate change, which none of the oil companies had attended.   He further explained that the oil companies had different set of policies of paying compensation to impacted communities. In Nigeria the responsibility of determining compensation rests with the Oil Producers Trade Section (OPTS)   The senior official noted that the OPTS â€Å"is made up of   only the facility owners, how can you be the polluter and at the same time also determine how much you pay for polluting?   The proximate sufferers are not members of the OPTS.   So what it means is that there is a line you cannot exceed in terms of compensation† (t21).   Again on compensation, if it is discovered that the spill was the result of sabotage, you don’t pay compensation, the Ministry of Environment is also of the opinion that this policy is not fair it is completely against the interest of the people who suffer such spills. The respondent sighted example as follows: â€Å"If a spill occurs in community ‘A’ and affects innocent and innocent man in community ‘D’ far away from community ‘A’ got his fishing pond or farm affected by that spill, from community ‘D’ that innocent man in community ‘D’ even though loses his source of livelihood completely and if it is discovered that the spill in community ‘A’ was as a result of sabotage the man impacted in community ‘D’ who was not part of the sabotage who did not contribute in any way is entitled to nothing† (t21). The senior official argued there is this high level of negligence on the part of the facilities owners and the third party is made to suffer.   The innocent person should not have to suffer from the negligence of the people who are supposed to secure the pipes against sabotage. He also claimed that when a spill occurs the oil companies do not make serious efforts to contain or clean the spill as stipulated by law nor in the time period specified. He cited several spills that had not been cleaned for two to three years in which time the spill had spread and affected a much wider area than it should have.   According to him the Rivers state government was introducing new laws as a result to address certain aspects of compensation procedures.   He noted that in the new bill â€Å"If there is a spill there, it must be contained and cleaned up, within a given time. If it is not done within this time, the the facility owner will be fined. If there is an impact on the property of the third party and it is clearly discovered that he was not part of the sabotage he should be entitled to compensation.   Whoever is responsible for safeguarding that facility should pay compensation for being negligent; whether it is the government or the facility owner† (t21). The respondent was asked if the oil companies are above the law based on his earlier claims. He explained that the companies are not really above the law but the Nigerian government has a major snag and that is why it is unable to take proactive step just like the USA did in the case of Gulf of Mexico spill incidence. He noted that â€Å"This is because the relationship that exists between government organisations and the facility owners in Nigeria   is not the same type of relationship that exist between the US government and the oil companies that operates in the USA. It is not that they are above the law but because the contractual basis on which the oil companies operate is that of a joint venture between the oil companies and Nigerian government.   In a joint venture situation if your partner is in default it means you are part of it, too.   We are of the opinion that we don’t need to run a joint venture or review the venture but to cancel the contract.   Let the companies operate pay what they ought to pay to the Nigerian government   and be fully responsible for whatever misconduct that arises from their operations, that way the government will be able to stand up and say we cannot tolerate this in our environment† (t21). Having discussed the nature of relationship between his ministry and the oil companies in Rivers state, my respondent was asked   about the kind of relationship that exist between the Ministry and the oil communities. He stated that â€Å"There is also high level of ignorance on the part of the communities, which is hinged on the literacy level.   Here you find that in a community that is supposed to care about its environment, some elements of the community are actively responsible for pollution of the environment.   Of course, we have very high levels of sabotage in this part of the world, people sabotage oil facilities to make money and it is unfortunate situation.   Aside the issue of sabotage even third party sometimes they try to prevent the containment of the spill because they also want the spill to extend to their own area so they can make compensation claims and there is little concern about the impact of this on the immediate environment†(t21). Though the se nior official blamed the communities for this, he is also of the opinion the system for paying compensation, as explained previously, played a key role in inciting people to sabotage as the people felt exploited by the facility owners. He cited an example of the Gulf of Mexico oil spill, where funds were immediately set aside for compensation, but it never happened here in Nigeria. As a result of this shortcoming, the senior government official said the Rivers state government was implementing new environmental legislation in the state which will guarantee justice to both parties. The newly propose law stipulates that â€Å"Whereas if there is a spill there must be a time line within which facility owner must curve the spill, within which you must contain it, you must clean it, within a particular period which you must carry out remediation, if you don’t do it within this time line, then the facility owner is also committing an offence and will be finalised.   Again if the re is an impact on the property of the third party and it is clearly discovered that he was not part of the sabotage he should be entitled to compensation†(t21). The official also added that â€Å"The state government is also determined to discourage people from sabotaging the facilities, so we have also included in the new bill penalties for sabotage should be long term imprisonment or death sentence† (t21).   Despite the efforts of the state government, the official claimed that people don’t understand the technicalities and so they don’t appreciate what the government is doing, to protect them. The respondent was asked how effective the present environmental laws were. He noted that existing environmental laws are either difficult to enforce or not in line with contemporary realities as some of the laws were made over twenty years ago. He cited the example with one of the environmental laws in Rivers state which is on environmental litter. The law forbids littering and street hawking. It is a criminal offence and the penalty on conviction carries a fine of five hundred naira ( £1.90). This, according to him is not realistic because â€Å"you have to carry out the arrest, have a trial and the outcome of all this is a five hundred naira fine† (t21). According to him in most cases â€Å"people ask us why you wasted your time to go through legal process instead of just asking me to pay five hundred naira ( £1.90) and continue my business† (t21). The respondent said a new compendium of all environmental legislations in Nigeria is planned so that the country wil l have a one stop shop for environmental laws. Another major feature of the proposed environmental laws is that it addresses the issue of multiple regulatory agencies in the petroleum sector. The respondent stated that multiple regulations â€Å"we are not desirable omen because in this sector you need specialisation. The agencies presently carry out virtually the same assignments and it does not make sense.   But it is better if you have specialised agencies carrying out specialised tasks. Presently, because of our level of development, you find out that most of these agencies overlap, most of them virtually do the same thing† (t21). I ask the respondent his opinion about the politics of environment in the Niger Delta.   He noted that environmental problems were not the result of political issues.   But that they had become politicised. According to him â€Å"Today, President Jonathan is from the south-south and he has to be a president, if not there will be no Nigeria, because the oil money comes from this part of the country, because we now agitated that this place has been polluted we must be given opportunity to also hold that office, that is political† (t21). The respondent also claimed that some environmental problems in the Delta were the result of â€Å" past bad administrations in that sector, it started as a result of greed by the operators in that sector, the race for profit has resulted negligence over issues that ordinarily will not have been neglected Some of the pipelines that criss-cross the Niger Delta are over 50 years but they are still being used.   In other places they would have been changed† (t21). The respondent is also of the opinion that the environmental problems are not only hinged on political issues, it is also hinged on problems that has made people over years to see themselves as helpless, being denied of their source of livelihood, being deprived of existence and of course being very hungry, there is an abject poverty in the Niger Delta region. He equates the situation to that of a goose that lay the golden egg but without anything to eat. The respondent also claimed that â€Å"In some places the oil heads are so close to people’s homes that they literally hang their clothes on, yet they don’t have food to eat, there is no portable water, no clinics, and yet every other day wealth is leaving that place. This is taking place while yields on farmlands are going down all the time oil pollution is affecting the livelihoods of fishermen etc† (t21). According to him when people are exposed to such situations, definitely you will expect a reaction because they are rendered jobless â€Å"an idle mind is a devils workshop† (t21). The researcher reminded the respondent that the communities had claimed that politicians at all levels were responsible for their predicament, and they ignored them until election periods As a politician, he agreed to some extent but he also blamed the behaviour of the people during elections â€Å"when they come back to them they demand money before voting and when they give them money what do you expect?† (t21). He also stated that people should not be blamed for demanding money before voting, â€Å"if you want to balance it you will also find out that the people are hungry, and so we come back to them with little food rather than stay back and die they will prefer to chase that little food and allow you take the vote (t21). Finally, the senior official of the Rivers State Ministry of Environment was asked to describe the relationship between his ministry and the federal Ministry of Environment. His explained that, by law, his ministry was supposed to work in conjunction with the federal Ministry of Environment, but it is only recently we started having some positive romance with the federal ministry of environment on two projects the integrated waste management scheme and the proposed plastic recycling plant. Besides these two projects we have not felt the presence of the federal government. Being as it may this projects are yet to pick up† (t21).    Conclusion This chapter presented the researcher’s interviews with the five regulatory agencies in the Nigerian oil industry. The interviews have been presented almost verbatim with little explanatory commentary to better represent the views of the respondents.  Ã‚   In the next chapter, three interviews are presented. The first is with the representative of the United Nations Environmental Programme in Ogoniland and a senior security official in one of the security outfits in the Niger Delta and lastly the ‘founding father’ of the Nigerian oil industry. It is hoped this will provide a rich source of information and opinion to inform the thesis from the perspective of those outside the Nigerian oil industry.