Cesar Chelala: Corporations Should Be Held Liable for Human Rights Violations
July 27, 2011 Published on Wednesday, July 27, 2011 by CommonDreams.org
http://www.commondreams.org/view/2011/07/27-3
by César Chelala and Alejandro Garro
Several NGOs have filed an amicus brief urging the United States Supreme Court to review the ruling of an appeals court that corporations, under international law, cannot be held liable for damages on account of serious human rights violations. The Supreme Court should take the case and hold that, if supported by the evidence, civil damages is an available remedy against corporations for aiding and abetting international wrongs.
Kiobel vs. Royal Dutch Petroleum is a lawsuit filed in 2002 by members of the Ogoni community complaining of human rights violations that took place in the 1990s. The Ogoni are approximately half a million people who live in a 650 square kilometers region in Rivers State, Nigeria. Traditionally, they made their living by fishing and as subsistence farmers, a way of life was threatened when Shell discovered oil in 1958.
The environmental effects of oil exploitation in Ogoni territory have been dire. Major oil spills have caused serious damage to the ground and threatened the livelihood of the Ogoni people. Gas flares produce a constant noise near Ogoni villages. Polluted air from the flairs produces acid rain and causes respiratory problems in the surrounding communities. These damages are underscored in the lyrics of an Ogoni song:
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