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davos, 27 jan 2003
Friends of the Earth International and
Earthrights International
wef corporations seek immunity for human
rights abuses
Friends of the Earth International and
EarthRights International today exposed the
efforts of leading World Economic Forum (WEF)
multinationals in avoiding accountability for
human rights violations.
Unocal, Shell and ChevronTexaco, all WEF
member companies, are presently facing
accusations in U.S. courts of complicity in
human rights violations in cases brought by
affected communities from India, Nigeria and
Burma. The multinationals lobby groups have
launched a behind-the-scenes effort targeting
the Bush administration and U.S. Congress to
ensure victims do not get their day in court.
The multinationals are working to weaken the
law through their lobby groups, the
International Chamber of Commerce and
National Foreign Trade Council. [1]
Presently, extreme cases of violations
being brought under what is known as the
Alien Tort Claims Act (ATCA) face a long haul
through the U.S. courts. [2] Although such
cases are not easy to bring, the law
represents one of the few ways to hold
companies accountable for their role in
violating the rights of communities where
they operate. Corporate accountability has
become a major issue on the world stage
following campaigning from environmental and
human rights advocacy groups and is a theme
inside the WEF this year. The actions of the
multinationals through their lobby groups
(the ICC is also present at Davos) aim to
remove the right of non-U.S. citizens to seek
redress for any torture, extrajudicial
killing, forced labour, and genocide aided or
committed by U.S. corporations.
Kenny Bruno, Campaigns Coordinator of
EarthRights International, said: "How
hypocritical of these companies to be
promoting responsibility while working to
avoid consequences for their actions";
Matt Phillips, corporates campaigner at
Friends of the Earth, said:
"The WEF theme this year is 'building
trust'. If multinationals are so trustworthy,
why are they worried about accountability
laws? Governments must resist corporate
lobbying and introduce clear rights for
communities to secure justice in the face of
multinational wrongs."
Contacts
Matt Phillips +44 7817 314 706
Kenny Bruno +41 79 673 1240 (through Jan.
27) or +1 718 832-5434 (after Jan. 27)
Notes
[1] The ICC statement can be found at:
http://www.iccwbo.org/home/statements_rules/statements/2002/extra-territorial%20application%20of%20national%20laws.asp
[2] For more information see
www.earthrights.org
. In Doe v.
Unocal, Burmese villagers sued the
California-based energy giant for its direct
complicity in abuses committed by the
notorious Burmese military, Unocal's partner
ina natural gas pipeli ne joint venture. In
September of 2002, a federal appeals court
held that the plaintiffs had presented
evidence that Unocal knowingly provided
substantial assistance to the military in its
commission of forced labour, murder and rape,
while the military secured the project and
built project infrastructure. Accordingly,
the court held that Unocal could be held
liable for aiding and abetting the military's
abuses.
In a similar ATCA case, Nigerian
plaintiffs are suing ChevronTexaco for
its
complicity in the brutal Nigerian military's
gross human rights abuses associated with
ChevronTexaco's oil production activities in
the Niger Delta. The case is based on two
incidents: the shooting of peaceful
protestors at ChevronTexaco's Parabe offshore
platform by soldiers flown in by
ChevronTexaco, and the destruction of two
villages by soldiers in ChevronTexaco
helicopters and boats.
In these cases, courts applying
well-established norms of international law
dating back to Nuremburg have found that
multinational corporations can be held liable
under the ATCA for their direct complicity in
international human rights abuses.
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