Seawater Pollution in Saudi Arabia - Essay Example

Seawater Pollution in Saudi Arabia The seawater around Saudi Arabia comprises of the Red Sea and the Gulf of Aden which are host to a wealth of marine life with coral reefs supporting many endangered species. Additionally the waters are a major source of trade, food and livelihood and for Saudi Arabia, a source from which fresh water can be harnessed via desalination. The most important reserve that the sea holds for Saudi Arabia is petroleum. With the largest reserves of petroleum in the world, the Saudi Arabian oil and petrochemical industries are impressive in terms of their size and their revenues. However, the use of the oceans by the oil industry for production and transportation of petroleum products present grave environmental challenges owing to the risk of pollution from oil spills. Spills usually happen due to bad weather (hurricanes, storms, and earthquakes), intentional acts of violence (like war, vandals, or dumping), and seepage from tankers, pipelines, storage tanks, even by oil wells blowing up. When this occurs, fish and marine birds and mammals whose fur or feathers becomes coated with the thick grease are affected. Oil prevents their flight, leaving many stuck on land to slowly starve to death. Many others suffer illness and later death from ingesting the oil. The environmental carnage in the marine environment resulting from oil spills like Torrey Canyon (1967), Argo Merchant (1976), Amoco Cadiz (1978), Exxon Valdez (1989), and the Sea Empress (1996), makes a strong case for the adoption of effective pollution prevention measures. For this reason environmental protection in Saudi Arabia is highly regulated both by internal legislation as well as international treaties to protect its waters from pollution. The laws governing clean water are enshrined in the Kingdom of Saudi Arabia’s Basic Law of Governance (issued by Royal Order No. A/91 on 1/3/1992), which is effectively its constitution based on Islamic Law. Article 32 provides that: “The State shall endeavor to preserve, protect and improve the environment and prevent its pollution." Two further regulatory controls are the General Environment Law, issued by the Royal Decree No. 34 dated 28/7/1422H, corresponding to 16/10/2001 and the Executive Regulation of the General Environment Law in the Kingdom of Saudi Arabia, Umm Al – Quda Gazette, issue No. 3964, dated 28/8/1424, corresponding to 24/10/2003. The government authority charged with the responsibility of protecting and preserving the environment is the Meteorology and Environmental Protection Agency (MEPA). Three salient features of how it works the Clean Water Law are: Firstly, stopping the polluting party and making them rectify the negative impacts they caused, submit an MEPA report on steps taken to prevent further breaches and thirdly, it can insist on penalties which can range up to an SAR 500,00 fine, compensation, facility closure for 90 days and imprisonment. ( as stated by the Al-Tamimi Law Update, Issue 215) On 24 April 1978, Saudi Arabia participated in the Kuwait Regional Convention for Co-operation on the Protection of the Marine Environment from Pollution along with Bahrain, Iran, Iraq, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. The Convention placed a specific duty on the signatories to take appropriate measures to “prevent, abate and combat pollution…resulting from exploration and exploitation of the bed of the territorial sea and its sub-soil and the continental shelf.” (Kuwait Exploration Protocol, Articles 7 and 13). Saudi Arabia is party to the 1982 Regional Convention for the Conservation of the Red Sea and Gulf of Aden Environment which is also known as the Jeddah Convention. The convention produced two important instruments: (a) an "Action Plan for the Conservation of the Marine Environment and Coastal Areas in the Red Sea and Gulf of Aden"; and (b) a "Protocol Concerning Regional Cooperation in Combating Pollution by Oil and Other Harmful Substances in Cases of Emergency." These sought to preserve and protect the special hydrographic and ecological characteristics of the marine environment of the Red Sea and Gulf of Aden. Saudi Aramco, the state owned national oil company of Saudi Arabia is the worlds leading producer of oil. The development of oil spill contingency plans and the staging of pollution control equipment stockpiles are among the precautionary measures taken by Aramco. Saudi Aramco is a member of five major oil cooperatives. These are the Gulf Area Oil Companies Mutual Aide Organization (GAOCMAO), Oil Spill Response Limited (OSRL), Marine Preservation Association (MPA), Marine Industries Resources-Gulf (MRIG) and Clean Caribbean Cooperative (CCC). In the event of an oil spill, Saudi Arabia may seek aid for oil spill equipment and stockpiles from these five cooperatives. Vela International Marine Limited conducts five oil drills annually and in order to meet the requirements of the USA’s Oil Pollution Act of 1990, Aramco Services Company acts as the Qualified Individual on behalf of Vela and provides a spill management team for the Western Hemisphere. (Mohammed H Zayer, 2001 International Oil Spill Conference Page 726). In contrast is the USA law framework where the CWA (Clean Water Act) and the OPA (Oil Pollution Act) regulate oil spills in the United States jurisdictions. With the introduction of the CWA, America dealt with the nation’s water pollution by mandating the dischargers of effluents and other pollutants to hold a government permits before they could do so. Rather than allowing member states to set their own standards for water safety, the main authority to ensure the implementing of safe water standards as the Environmental Protection Agency (EPA). In response to the Exxon Valdes oil spill in Alaska where 100,000 and 300,000 seabirds and 3,500 to 5,000 sea otters were killed, the Oil Pollution Act (OPA) which amended section 311 of the CWA was introduced in 1990. (Castro and Huber, 409). It sets out that National Resource Damage Assessment studies must be done after the oil spill to assess the extent of damage and that the company who spilled the oil must pay for the spill cleanup. This Act also puts money aside (from taxes) to help pay for spill cleanups. In conclusion, Saudi Arabia’s government legislation in Article 32, general environment law and executive regulation together with the Kuwait and Jeddah Conventions form the legal backbone securing its seas against oil spill damage. Though Saudi Aramco is well equipped and trained to deal with oil spills, as seen from the Gulf War Oil Spill carnage in 1991 the region is indeed very susceptible to further oil spills which cause mass death to precious sea life. The Kuwait and Jeddah Conventions may well be improved to not only set out environmental aims and remediation clauses but also address the important question of civil liability in the case of oil spills. Works Cited 1) Al Tamimi and Company. “Law Update” Issue 215. Feb 2009 2) Kuwait Regional Convention for Co-operation on the Protection of the Marine Environment from Pollution, Kuwait Exploration Protocol, Article 7 and 13, Kuwait. 1978. Print. 3) Mohammed H Zayer. Saudi Aramco. “Saudi Aramco Oil Spill Approach, Prevention and Readiness” 2001 International Oil Spill Conference Page 726. Dhahran, Saudi Arabia, 2001. Print 4) Peter, Castro, and Michael Huber. “Marine Biology”, 7th Ed. New York: McGraw- Hill. 2007. Print. Read More