Amnesty International has declared that Shell's obligations to address environmental damage in the Niger Delta persist, despite the oil giant's recent divestiture of its Nigerian subsidiary. The statement released Thursday underscores a broad consensus about corporate accountability, echoing concerns raised by seven UN Human Rights Rapporteurs who, two months prior, highlighted the human rights duties of oil corporations and their home governments.

Isa Sanusi, Director of Amnesty International Nigeria, emphasized that divesting operations does not absolve companies from past breaches of environmental and human rights: "We call on Shell and other oil companies to responsibly divest themselves of assets and operations in a way that respects human rights and the environment."

The oil spills in question, which Amnesty International describes as human rights violations, have inflicted widespread environmental and economic damage across the Niger Delta. A civil society study revealed that over 17.5 million liters of oil have leaked from pipelines formerly operated by Shell Petroleum Development Company (SPDC), affecting the health and livelihoods of local communities.

Amnesty’s findings align with those of the UN Rapporteurs, who criticized the opacity of the SPDC divestment process. They argued it risks exacerbating the human rights impacts by obscuring accountability and hindering remedial efforts. In response, Shell has maintained that its former subsidiary continues to bear the same responsibilities post-divestment, including commitments to clean up and remediation efforts. This position was outlined in a letter by Shell, asserting that the divestment was executed rigorously and had received approval from the Nigerian government.

This ongoing debate ties into a lawsuit initiated by Niger Delta communities against Shell and SPDC in the UK High Court. A preliminary ruling in June affirmed that both entities could be held legally accountable for the historical oil spills. The court also suggested that failure to clean up might constitute an ongoing violation of Shell’s legal duties, potentially opening the door to new claims as long as the pollution continues. A full trial is expected in 2027.

The controversy also resonates with the broader international legal framework, notably the UN’s 2022 General Assembly resolution that enshrines the right to a safe, clean, healthy, and sustainable environment. This right encompasses critical elements such as clean air, safe water, and non-toxic living conditions, along with procedural rights like participation in decision-making, access to justice, and information.

As the legal and moral debates unfold, the eyes of the world remain fixed on Shell, watching to see how it navigates the legacy challenges from its past operations and the broader responsibilities it holds on the global stage.