October, 08 2008, 04:44pm EDT
Royal Dutch Shell to Go to Trial for Complicity in Torture and Murder of Nigerian Protesters
NEW YORK
Yesterday, Judge Kimba Wood of the U.S. District Court for the
Southern District of New York set a trial date of February 9, 2009 for
a human rights and racketeering case against the Royal Dutch Shell
company (Shell) and the head of its Nigerian operation, Brian Anderson.
The case was first filed in 1996. The judge rejected Shell's attempt to
file additional legal motions to postpone a trial date.
"We are looking forward to finally bringing Shell into court, where we
will prove their role in the torture and murder of our clients and
their pattern of human rights abuses," said CCR attorney Jennie Green.
"It's time for our clients and their families to see justice."
Wiwa v. Royal Dutch Petroleum and Wiwa v. Anderson
are two lawsuits filed by the Center for Constitutional Rights (CCR)
and co-counsel from EarthRights International on behalf of relatives of
murdered activists who were fighting for human rights and environmental
justice in Nigeria. The cases charge the corporation and this key
official for their complicity in the November 10, 1995 hanging of Ken
Saro-Wiwa and other leaders in the nonviolent opposition to Shell's
pattern of human rights abuses and environmental destruction: John
Kpuinen, Saturday Doobee, Daniel Gbokoo, Felix Nuate, and Dr. Barinem
Kiobel. The cases also include charges for the torture, detention, and
forced exile of Mr. Saro-Wiwa's brother, Dr. Owens Wiwa, and Michael
Tema Vizor; and the shooting of Karololo Kogbara and Uebari N-nah in
two attacks on peaceful protestors.
Ken Saro-Wiwa, Jr., the son of Ken Saro-Wiwa, issued the following statement on behalf of his family:
The family and all those who have had their human
rights abused in resource bearing communities are humbled and greatly
encouraged by this news. It is a relief that after 12 years we have
finally vindicated Ken Saro-Wiwa's insistence that Shell will one day
have its day in court. We hope, ultimately, that this will reinforce
the message that non-violence and the rule of law are the foundations
of true justice, especially at a time when the unacceptable legacy of
injustice poses a clear and present danger to lives, the environment
and energy security in the Niger Delta and around the globe. We welcome
the decision of the judge and would like to express our sincere
gratitude to the Center for Constitutional Rights and other people of
conscience who have stayed the course.
The defendants are charged with complicity in human rights abuses
against the Ogoni people in Nigeria, including summary execution,
crimes against humanity, torture, inhumane treatment, arbitrary arrest,
wrongful death, assault and battery, and infliction of emotional
distress. The cases were brought under the Alien Tort Statute (ATS) and
the Torture Victim Protection Act (TVPA). The case against Royal
Dutch/Shell also alleges that the corporation violated the Racketeer
Influenced and Corrupt Organizations (RICO) Act.
Nigeria has been chief among Shell's assets for many years. Critics
charge that with the aim of production at any cost, regardless of the
damage to the surrounding people and land, Shell disrupted thousands of
lives and wreaked havoc on the environment. In the early 1990's, the
people of Nigeria began to protest. Shell made payments and provided
arms to security forces that they knew to be abusive to local
communities. The military government violently repressed the
demonstrations and arrested and bribed witnesses. Nine leaders of the
demonstrations were murdered, including the aforementioned well-known
activist and writer, Ken Saro-Wiwa.
In addition to CCR and ERI, the plaintiffs are represented by CCR
cooperating attorneys Judith Brown Chomsky, Anthony DiCaprio and Beth
Stephens, and Paul Hoffman of Schonbrun, DeSimone, Seplow, Harris and
Hoffman.
For complete pdf's of the legal briefs and further background information, click here.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
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Critics Blast 'Reckless and Impossible' Bid to Start Operating Mountain Valley Pipeline
"The time to build more dirty and dangerous pipelines is over," said one environmental campaigner.
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Mountain Valley Pipeline LLC sent a letter Monday to Federal Energy Regulatory Commission (FERC) Acting Secretary Debbie-Anne Reese seeking final permission to begin operation on the MVP next month, even while acknowledging that much of the Virginia portion of the pipeline route remains unfinished and developers have yet to fully comply with safety requirements.
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U.S. workers' rights advocates and groups celebrated on Tuesday after the Federal Trade Commission voted 3-2 along party lines to approve a ban on most noncompete clauses, which Democratic FTC Chair Lina Khansaid "keep wages low, suppress new ideas, and rob the American economy of dynamism."
"The FTC's final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market," Khan added, pointing to the commission's estimates that the policy could mean another $524 for the average worker, over 8,500 new startups, and 17,000 to 29,000 more patents each year.
As Economic Policy Institute (EPI) president Heidi Shierholz explained, "Noncompete agreements are employment provisions that ban workers at one company from working for, or starting, a competing business within a certain period of time after leaving a job."
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The U.S. Chamber of Commerce has suggested it plans to file a lawsuit that, as The American Prospectdetailed, "could more broadly threaten the rulemaking authority the FTC cited when proposing to ban noncompetes."
Already, the tax services and software provider Ryan has filed a legal challenge in federal court in Texas, arguing that the FTC is unconstitutionally structured.
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Morgan Harper, director of policy and advocacy at the American Economic Liberties Project, praised the FTC for "listening to the comments of thousands of entrepreneurs and workers of all income levels across industries" and finalizing a rule that "is a clear-cut win."
Demand Progress' Emily Peterson-Cassin similarly commended the commission "for taking a strong stance against this egregious use of corporate power, thereby empowering workers to switch jobs and launch new ventures, and unlocking billions of dollars in worker earnings."
While such agreements are common across various industries, Teófilo Reyes, chief of staff at the Restaurant Opportunities Centers United, said that "many restaurant workers have been stuck at their job, earning as low as $2.13 per hour, because of the noncompete clause that they agreed to have in their contract."
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One plaintiffs' attorney said the ruling "makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society."
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Democracy defenders on Tuesday hailed a ruling from a U.S. federal judge striking down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction.
In Monday's decision, U.S. District Judge Loretta C. Biggs—an appointee of former Democratic President Barack Obama—sided with the North Carolina A. Philip Randolph Institute and Action NC, who argued that the 1877 law discriminated against Black people.
"The challenged statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters," Biggs wrote in her 25-page ruling.
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Voting rights tracker Democracy Docket noted that Monday's ruling "does not have any bearing on North Carolina's strict felony disenfranchisement law, which denies the right to vote for those with felony convictions who remain on probation, parole, or a suspended sentence—often leaving individuals without voting rights for many years after release from incarceration."
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"It also makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society, specifically Black voters who were the target of this law," Brown added.
North Carolina officials have not said whether they will appeal Biggs' ruling. The state Department of Justice said it was reviewing the decision.
According to Forward Justice—a nonpartisan law, policy, and strategy center dedicated to advancing racial, social, and economic justice in the U.S. South, "Although Black people constitute 21% of the voting-age population in North Carolina, they represent 42% of the people disenfranchised while on probation, parole, or post-release supervision."
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In what one civil rights leader called "the largest expansion of voting rights in this state since the 1965 Voting Rights Act," a three-judge state court panel voted 2-1 in 2021 to restore voting rights to approximately 55,000 formerly incarcerated felons. The decision made North Carolina the only Southern state to automatically restore former felons' voting rights.
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As similar battles play out in other states, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont in December introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
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