FoE Europe - Corporate Accountability

Black Wednesday. Clouds of black smoke billow over the
Durban waterfront during a plant shutdown at Sapref, the
Shell and BP-owned refinery, in south Durban on the 21st
April 2004. The refinery is more than 15 kilometers from the
city center.

SAPREF's refinery-complex is in an area about 16 kilometres south of Durban, populated by poor black, Indian, and mixed-race communities. SAPREF's aging infrastructure has caused an appalling catalogue of accidents in recent years that have had devastating consequences for local people and the environment.(1)

Sapref is probably the most accident-prone facility in South Africa. The long list of leaks, spills, fires and malfunctions at this facility include the leak of more than one million litres of petrol into the soil under residents' homes in mid- 2001. This leak was only discovered after residents reported smelling strong petrol fumes coming out of storm water drains. (2)

Other incidents at Sapref include: the accidental release of 5 tons of hydrofluoric acid into the atmosphere in May 1998; the leakage of 25 tons of tetra ethyl lead over a period of four days in March 2001; a fuel leak into Durban Harbour in September 2003; and then there was the unforgettable Black Wednesday (see picture). (3)

Double Standards

Shell asserts that it uses the best environmental standards at its facilities worldwide. In fact, however, Shell is guilty of using a double standard, one that often provides cleaner facilities in areas around the world with predominantly Caucasian populations as compared to dirtier and more hazardous facilities located in places where people of color live. For example, on a daily basis, the SAPREF refinery dumps 19 tons of sulphur dioxide into the air that people in the neighbouring communities breathe, which is more than six times the amount of sulphur dioxide released by Shell's refinery in Denmark.(4) Sulphur dioxide is a severe respiratory irritant which can trigger asthma attacks, and a 2002 health study by the Durban Environmental Health Department and two universities (5) confirms that chronic asthma among local school children in south Durban is 52% of the population. Further, unlike Shell facilities in Europe, the SAPREF refinery did not employ an effective rustdetecting system, which resulted in the leakage of 25 tons of tetra ethyl lead, a harmful neurotoxin, into the environment across the road from the local residential neighbourhood.(6)

Ignoring the problem

Sapref Pipelines running through the local
south Durban

SDCEA ( The South Durban Community Environmental Alliance) and groundWork (Friends of the Earth South Africa), an environmental justice organisation, have repeatedly urged Shell to deal specifically with the environmental issues of its refinery that plague Durban residents. However, rather than taking action to remedy the excessive pollution and frequent accidents at its operations, SAPREF has gone to the expense of bringing international consultants from Shell's headquarters in London to spend their time and resources on what they believe are social issues affecting fenceline communities. This is reflective of a strategy increasingly employed by Shell to offer "feel good" projects, such as academic scholarships and new playgrounds, in order to divert attention from the serious health and environmental impacts of its operations. (7)

In the report the Filthy Five, Milieudefensie (FOE Netherlands) analysed how well Shell and SAPREF lived up to the principles they've signed up to. The result shows a conflict with several guidelines and principles. One example is that the many accidents and spills (link to list) is in stark contrast to its stated goal of sustainable development and to seriously address issues involving environment, health, and safety, as clearly stated in the Shell Business Principles. It also conflicts with the paragraph in the OECD Guidelines that address the environment, which calls for companies to contribute to sustainable development and environmental protection.(8)

Action from Durban community and Friends of the Earth - how does SAPFREF react?

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All main information, except when referred differently, on this case are from the report Behind the Shine, the Other Shell Report, 2004, Friends of the Earth (England Wales and Northern Ireland), The groundWork 2004 Annual Report, and the report the Filthy Five, Milieudefensie (Friends of the Earth Netherlands). Information referred to differently are researched by Linda Nilsson, Friends of the Earth Europe. Editorial work is done by Linda Nilsson. Photos are from Bobby Peak, groundwork and SDCEA.

1 Friends of the Earth, Behinde the Shine, The Other Shell Report, p. 8,
2 The groundWork 2004 Annual Report, cover page.
3 Ibis.
4 Friends of the Earth, Behinde the Shine, The Other Shell Report, p. 8.
5 The Nelson Mandela Medical School and Michigan University - Ann Arbour
6 Friends of the Earth, Behinde the Shine, The Other Shell Report, p. 8.
7 Ibis., p. 9.
8 Milieudefensie, 2003, Amsterdam, The Filthy Five, p. 25.