Organizational and Environmental Risk

Assignment 2: East Africa Oil Pipeline from Uganda

Wordcount: 3,282

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1.0 Introduction
“We cannot drink oil” screamed the headline of The Guardian Newspaper of 14 April 2021 in reference
to a public outcry on the environmental risks posed by the planned construction of the 1,147-kilometre-
long East African Crude Oil Pipeline (EACOP). It is poised to be world’s longest electrically heated
crude oil pipeline running from Hoima in western Uganda (a land-locked country) traversing the Uganda-
Tanzania border to Tanga Port on the Eastern coastline of Tanzania (see map in annex one of this report)
where oil will be shipped to international markets beginning 2025 (Okiror, 2021). The oil reserves,
discovered in 2006 in Uganda, are estimated to yield approximately two billion United Stated dollars per
year for up to thirty years (Kuteesa, 2014). The economic benefits are estimated to be enormous with a
potential to directly employ 5000 people from Uganda and other neighbouring countries and another
100,000 indirect jobs are expected to trickle down within the economy (Kavuma, 2009). According to
Langer, Ukiwo and Mbabazi (2020) oil production can transform Uganda from a low-income, largely
agricultural economy to a modern diversified economy with a possibility of being among the top fifty oil
producers of the world. Darkwah (2010) likened the fortunes of Uganda to Norway which was the poorest
country in Scandinavia in the 1960s and the wealthiest by end of the 1990s, thanks to the discovery of Oil
in 1969.

About 260 civil society organizations environmental activists and other interested parties in Uganda and
Tanzania have established a movement with a campaign dubbed #STOPEACOP (#STOPEACOP, n.d.).
In their opinion, the project will have “disastrous consequences for local communities, wildlife and the
entire planet. It has to be stopped.” Okiror (2021) highlights that the construction of the oil pipeline and
other oil exploration activities will affect delicate biodiversity ecosystems and risks severely destroying
natural habitats of endangered animal species. In addition, there is a risk of pollution of water resources
including the Lake Victoria which supports over 40 million inhabitants in the region according to World
Bank (2016). It is estimated that it will result in emission of at least 33 million tonnes of carbon dioxide
per year-over 30 times the current emissions of Uganda and Tanzania combined (Stockholm Environment
Institute, 2021).

The main objectives of this paper will be to examine the environmental risks posed by the construction of
the East Africa Oil pipeline from Uganda. The paper will analyse literature on the topic of environmental
risk management. It will examine relevant academic models with a view of shedding light on the
management of environmental risks. Finally, it will provide a summary of findings, conclusions and
provide recommendations for implementation.

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2.0 Literature review

2.1: The nature of environmental risk management pertaining to organizations

Oil and gas exploration and production has been labelled a dying industry. According to Williams-Derry
and Smith (2021), “Since 2010, the stock values of the four largest oil and gas firms have plummeted by
more than half. In five of the past seven years the oil and gas industry ranked last among all sectors of the
S&P 500, falling to less than 3 percent of total value of the index at the end of 2020. This is a far cry from
the 16 percent a decade ago and 30 percent a few decades earlier. 2020 saw $145 billion in write-downs
of oil reserves and related assets, reflecting the diminishing value of the oil and gas sector.” Along the
same grain, initial viability estimates of the socio-economic benefits of the EACOP project have since
been eroded in the intervening periods following confirmation of oil reserves in Uganda in 2013 (value of
oil reserves in Uganda fell by about 70% as of 2020). Global advances towards low carbon transition is
the greatest cause of this downwards trajectory (Huxham et al, 2020).

Very recently in November 2021, approximately 200 countries were represented in the 26th Conference
of Parties (COP26) held in Glasgow, Scotland to accelerate action on climate change. 34 countries
committed to stop international support for the fossil fuel energy sector and five financial institutions
agreed to revise their policies towards funding fossil fuel investments. The target is to reduce global
warming by 1.5 degrees through reversing deforestation, reducing methane emissions and switching to
electric vehicles (United Kingdom Government (2021). These happenings and commitments paint a grim
picture on the prospects of fossil fuel production.

The topic of environmental risk management has gained a lot of attention from governments,
organizations, businesses and researchers within the last two decades (Mihai and Grozavu , 2018; Thomas
and Deakin 2017; Landigran et al , 2018; Van Westen and Greiving, 2017; United Nations Environment
Programme, 2018; Allan, Adam and Carter, 2000 and the United States Environmental Protection
Agency, 1998). According to International Standards Organization (14001: 2015), organizations are
increasingly concerned with attaining strong environmental performance in the context of increasing
legislation, development of economic policies that foster environmental protection and concerns
expressed by interested parties about the environment. This means that as the topic gains more attention,
it continues to become an important part of corporate strategy, taking centre stage as an agenda within
board rooms and as an important part of organizations’ corporate responsibilities and reporting activities.
Globally, there has been an increase in funding towards tackling climate change between 2011 and 2020
as illustrated in figure 1.

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Figure 1
Global financing of climate change initiatives, 2011 to 2020

700
Funding in billions of United States dollars

600

500

400

300

200

100

0
2012 2013 2014 2015 2016 2017 2018 2019 2020
Year

Source: Naran et al (2021)

While increased funding towards climate change initiatives over the last decade as per figure 1 may not
necessarily be indicative of the state of environmental risk management, it illustrates that there has been
an increase in efforts, resources and levels of priority dedicated to environmental protection in general.
From the body of literature on environmental risk management, increased concern with environmental
risk management appears to be not just a matter of the need to comply with regulations but a part of the
organizations’ performance. The motives for environmental protection differ from stakeholder to
stakeholder.

Vivian et al (2003, p.4) presented two perspectives of environmental risk management by observing that
“business managers usually understand environmental risk to mean risk to the company that arises from
social concern about the environment (usually reputational and financial). On the other hand, to
government regulators and environmental activists, it means the risk of damage to ecosystems or public
health arising from some man-made environmental offence including waste disposal, pollution and
natural resource utilization. The two interpretations are not the same, and either kind of risk can exist
without the other.” Businesses are more concerned with financial, operational and reputational exposures
to risk as opposed to ecological impacts on the environment. The emphasis is on organizations’ ability to
meet its objectives and fulfil the interests of investors. The impacts of these risks can include regulatory
action, poor employee retention, higher cost of capital, clean-up costs for accidents, or loss of market
share among others.

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2.2 Organizational performance as a motive for environment risk management

The association between organizational performance and environmental risk management especially in
the oil and gas industry has been found to be a major motivation for organizations to voluntarily establish
environmental risk management systems. Camarota and Dymond (1996) opined that performance suffers
when organizations attempt to quickly solve problems that have developed over long periods of time. In
their view, such kinds of “environmental liabilities” are ignored by management until they reach extreme
levels at which point executives are involved to “fire-fight.” Similarly, several other studies (Murphy,
2002; Dowell, Hart & Yeung, 2000; Hart & Ahuja, 1996; Christmann, 2000; Russo & Fouts, 1997) have
found correlations between environmental risk management, business performance and sustainability. A
common observation is that organizations with effective environmental risk management practices
usually enjoy better stakeholder support, stay in business longer and are better able to gain formidable
market shares and loyal customer bases.

2.3 Regulation and advocacy as a motive for environment risk management

A second motive for organizational pre-occupation with environmental risk management is compliance
with regulation or advocacy from activist groups. Regulations come from national governments,
multilateral organizations such as the United Nations (UN), specialized international organizations,
industry lead organizations and professional organizations and other special interest groups. According to
Gupta and Nair (2012 more attention is paid to environmental risks when governments issue legislations
as opposed to advocacy and activism including laws on protection, conservation, pollution, waste
management, safety and emergency preparedness.

Financial institution regulators have pronounced environmental risk management guidelines to their
member organizations. The International Finance Corporation (IFC) sponsored the development of the
Equator Principles which is a risk management framework for financial institutions to identify, assess and
manage environmental and social risks when financing projects. The Network for Greening the Financial
System (NGFS) has issued a guideline for regulatory authorities to incorporate environmental risks in its
supervisory frameworks. The Monetary Authority of Singapore has published a handbook on
implementing environmental risk management for asset managers, banks and insurers. The European
Union (EU) has established the Sustainable Finance Taxonomy and the United Kingdom (UK) has
developed the Climate Financial Risk Forum (International Finance Corporation, 2021; European
Commission, 2020; Financial Conduct Authority, 2019). Freise and Seuring (2015) summarized the
motives for environmental risk management in the below model (figure 3).

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Figure 3
Model of environmental risk management drivers and measures

Source: Freise and Seuring (2015).

From figure 3, the drivers of environmental and social risk management fall into internal, external and
supply chain characteristics. Risk management is considered a means of responding and fulfilling internal
and external environmental performance demands on the organization.

2.4 Environmental risk management in the East African oil pipeline project

Whereas there is a global push to fully divest from fossil energy to renewable energy by 2030 as
envisaged in COP26, there is cognizance that the transition will be gradual. It is acknowledged that fossil
fuels will still be in use especially by developing countries at least up to 2040 and that it must be managed
for sustainable use during the transition (British Petroleum, 2019). This means that there will be direct
and inherent environmental risks on the ecosystem and indirectly on stakeholders involved.

Total East Africa Midstream BV prepared an environmental and social impact assessment report to the
National Environmental Management Authority (NEMA) of Uganda for approval of the project on behalf
of the Uganda National oil Corporation and Tanzania Petroleum Development Corporation. It outlined
the perceived environmental risks of the projects and listed proposed measures to mitigate risks.
According to Total East Africa Midstream BV (2019), project complies with the Equator Principles and
IFC performance standards. Despite assurances by EACOP, there seems to be little confidence regarding

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risk management by financiers of the project. According to Banktrack (2021) 11 banks have withdrawn
from financing the project as of December 2021 following a civil society publication on risks posed by
the project and perceived potential risks that may affect the financial institutions.

Figure 2 below illustrates financial institutions may be exposed to environmental-related risks from
transacting with clients as highlighted by IFC (2021).

Figure 2
Environmental risks for financial institutions

CLIENT/INVESTEE FINANCIAL INSTITUTION

Direct risks Indirect risks
Unmanaged environmental
Liability for Credit risk: reduced
issues in operations repayment capacity
environmental
damage caused by Market risk-reduced value of
client collateral
Reputational risk-negative
publicity
Risks
 Disruption of operations
 Fines and penalties Consequences
 Loss of market share  Loss of assets
 Market devaluation because
 Reduced profits
of liability
 Damage to reputation

Source: IFC (2021)

Additionally, environmental protection interest groups appear to be dissatisfied with the environmental
impact assessment conducted by Total East Africa Midstream BV. The Netherlands Commission for
Environmental Assessment (NCEA, 2019, p.4) for example, noted that the assessment was biased, lacked
concrete information that is necessary for decision making and not fit-for-purpose. A section of its
conclusion reads “the NCEA has the impression that the ESIA in general, and the Non-Technical
Summary (NTS) in particular, are biased in stressing the positive impacts and downplaying the negative
ones. Economic benefits are highlighted and spelled out, while potential negative effects are concluded to
being insignificant without proper, concrete, transparent assessment or justification.” The World Wildlife
Foundation (2019) and #STOPEACOP (n.d.) have also made similar observations and criticized it for
relying on its own assessment when it is an interested party. There seems to be little confidence on the
approach taken to evaluate and manage environmental risks in the EACOP project and the environmental
impact assessment appears to be superficial at best.

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From the wide spectrum of literature on environmental management and sustainability, there appears to be
significant support towards adopting Environmental Management Systems (EMS) as a framework for effective
environmental risk management and responding to social and environmental conditions (ISO 14001; 2015)
Nishitani et al, 2021; Pawel et al, 2021; Puig et al, 2021; Kristensen et al, 2021; Rodrigues et al, 2021). In
supporting its effectiveness, Rovnak et al (2013) argued that among several environmental risk management
tools (including environmental impact assessment, lifecycle assessment, environmental audit and
environmental statement) EMS is the most efficient because it has the best systematic approach to risk
identification, analysis and management. EMS is also recommended as an environmental risk management tool
under principle eight of the United Nations Global Compact, a United Nations led initiative with over 13,000
corporate participants as of 2019 (United Nations Global Compact, 2019).

(ISO 14001; 2015) provides a standard on the requirements for an EMS that an organization can use to
enhance its environmental performance, fulfil compliance obligations and meet environmental objectives.
A management system is defined as “a set of interrelated elements of an organization to establish policies
and objectives and processes to achieve those objectives.” An EMS is therefore defined as “part of the
management system used to manage environmental aspects, fulfil compliance obligations and address
risks and opportunities” (ISO 14001; 2015, pp.1). The EMS approach as explained by ISO is premised on
the concept of Plan-Do-Check-Act (PDCA) which is a description of the process that organization should
follow to continually improve environmental performance. The model is as illustrated in figure 4 below:

Figure 4
Relationship between the Plan-Do-Check-Act model and Environmental Management Systems

Source: ISO 14001; 2015

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As shown in figure four, the organization is required to understand its external and internal issues
(internal and external factors that affects its performance). Internal factors include plans, policies, values,
human resource, financial and marketing resources, corporate image and brand equity, assets and labour
management. External factors include legal, economic, political, ecological, social, technological and
competitive factors. The organization also needs to understand the needs and expectations of interested
parties that become the organization’s environmental compliance obligations. Having gained insight into
context and obligations, the organization should determine the scope (boundary and applicability) of the
EMS (ISO 14001; 2015). Scope includes external and internal issues, compliance obligations, produce
and services, organizational functions and organizational span of control and influence.

The organization is required to undertake five main activities that contribute to achievement of the EMS
goals in line with the cyclical PDCA model. Leadership plays an enabler role for the functioning of the
EMS processes and activities. The role of top management is to provide the necessary resources, to
establish an environmental policy, integrate EMS processes within the organization’s business process
and ensuring effectiveness and continual improvement of the EMS. The first activity is plan (planning)
where the organization determines the risks and opportunities related to its environmental aspects,
compliance obligations and other issues and requirements. It considers the means for achieving its goals
by reducing disruptions and undesired effects and reasonably foreseeing contingencies. It sets objectives
that are consistent with its environmental policy and identifies what will be done, resources that will be
required, who will be responsible, when it will be completed and how results will be evaluated.

The second activity is support and operation (do). The processes include deployment of resources,
appointment of competent individuals in environmental risk management functions, create awareness of
its environmental policy and objectives, establish communications relevant to EMS, ensure proper
documentation of information, establish controls and ensure emergency preparedness. The third activity is
performance evaluation (check). This includes monitoring, measurement, analysis and evaluation, internal
audit and management review to ensure continued effectiveness of the EMS. The final activity is
improvement where the organization reacts to and correct non-conformities to enhance environmental
performance. Lessons learnt at this stage are used to make corrections that feeds back as input in the
planning stage. The outcomes of these activities are the desired outcomes of the EMS.

Another similar environmental management methodology that is widely accepted which borrows from the
PDCA model is the European Union’s Eco-Management and Audit Scheme (EMAS). It is one instrument
within the broader scope of the Circular Economy (CE), a model adopted by European Union (EU)
countries aimed at eliminating waste and pollution, circulating products and materials and regeneration of
nature (Kirchherr et al, 2017).

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Figure 5
Principle of Eco-Management and Audit Scheme (EMAS)

Source: European Union (2012)

Whereas the EMS model focuses on internal organizational activities to improve environmental
performance, EMAS goes beyond by emphasising on the roles of a competent national body in validating
EMS, registration and organizations promotion of environmental credentials as illustrated in figure 5.

Royal Dutch Shell PLC (Shell)-A success story in the establishment and application of EMS

With strong host government and other stakeholder commitment to environmental risk management, oil
and gas production activities can be carried out minimum environmental impact. For example, the largest
oil and gas production companies (accounting for about 40% of the worlds’ oil and gas production) have
formed an association to represent its interests to Governments, UN agencies and other international
bodies dealing with regulation of the industry-The International Association of Oil and Gas Producers
(IOGP). One of the objectives of the IOGP is to share knowledge among members on improving
environmental performance and supporting transition to lower carbon emissions. Together with the
International Petroleum Industry Environmental Conservation Association (IPIECA), it published a
biodiversity and ecosystems guidance document for the oil and gas industry which carried the success
story of Shell in establishing an effective EMS in environmental risk management in the year 2000 (IOGP
& IPIECA, 2014).

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Through its EMS, Shell is able to screen projects to prioritise and deprioritise locations for new facilities
by comparing data from different bio-diversity databases such as the International Union for Conservation
of Nature – IUCN red list of threatened species and the World Database on Protected Areas (WDPA)
which Shell has formed partnerships with on environmental risk management. It assesses potential
habitats of conservation importance and develops impact assessment baselines. The EMS has helped
identify early opportunities for mitigating impacts and promotes knowledge sharing from subject matter
experts and experiences from other projects. Finally, it reports on biodiversity indicators for Shell
activities in protected areas (IOGP & IPIECA, 2014). In its environmental conservation efforts, Shell has
also partnered with Earthwatch, Wetlands International and the Nature Conservancy.

3.0 Findings and conclusions

The governments of Uganda and Tanzania have high expectations regarding the potential benefits of the
EACOP project. There is global pressure to divest from fossil fuels towards low carbon emission energy
and this has lowered the value of the EACOP project. Its implementation presents environmental and
social risks which according to several interested parties and stakeholders have not been properly
addressed. This paper has examined the environmental risks posed by the project. It has also reviewed
literature on the nature of environmental risks and motives for environmental risk management with a
bias towards the oil and gas industry. It has also reviewed literature related to risk management in the
EACOP project and provided an overview of Environmental Management Systems (EMSs) as a means of
managing environmental risks. Finally, it has provided recommendations for implementation.

4.0 Recommendations and implementation

Despite conducting an environmental impact assessment with the intention of addressing environmental
and social risks posed by the project, there is still a lot to be desired with the way the Governments of
Uganda and Tanzania have managed the challenges of the project. There is little assurance that the
benefits of the project will outweigh its costs with the production of an estimated 34.3 million metric tons
of Carbon dioxide per year (Stockholm Environment Institute ,2021).

To achieve a systematic environmental impact assessment and to ensure effective management of

environmental issues, implementers of the EACOP project should first establish an Environmental
Management Systems. This will enable it to set the project’s environmental goals, thoroughly analyse
impacts and compliance obligations, setting environmental targets, monitor progress, ensure
environmental awareness and competence and achieve improvements.

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Secondly it should improve its stakeholder engagement by providing dialogue based on scientific basis on
how to effectively manage the expected environmental impacts. It should be able to outline its plan for
restoring the environment as the project progresses. Interest groups should be involved in conducting an
independent and objective impact assessments including identification of animal and plant species that
will be impacted. It should communicate on the possible opportunities for offsetting the loss of habitat by,
for example, restoring habitat conditions near the areas surrounding the route of the oil pipeline to
establish conservation easements and other plans for carbon off-setting such as tree planting.

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Annex 1: Map of the proposed crude oil pipeline from Hoima, Uganda to Tanga, Tanzania

Source: Stockholm Environment Institute (2021)

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