Tag Archives: resistance

allAfrica.com: Nigeria: Half-Nude Women Protest Against Shell in Bayelsa

allAfrica.com: Nigeria: Half-Nude Women Protest Against Shell in Bayelsa.

The Kioble case is dismissed in the Supreme Court

In a unanimous ruling this past Wednesday, the U.S. Supreme Court dismissed the Kiobel case against Shell in Nigeria. The Kiobel case was filed by Esther Kiobel, the wife of a former activist, and alleges that Shell collaborated with the Abacha regime to violently suppress oil reform activities in the 1990′s.  The case brings claims for extrajudicial killing, torture, crimes against humanity, and prolonged arbitrary arrest and detention.

CorpsWatch argues that the ruling effectively blocks other lawsuits against foreign multinationals for human rights abuse that have occurred overseas from being brought in U.S. courts. Kiobel v. Royal Dutch Petroleum Co. (Shell) was brought under the Alien Tort Statute (ATS), a U.S. law dating back to 1789, originally designed to combat piracy on the high seas – that has been used during the last 30 years as a vehicle to bring international law violations cases to U.S. federal courts.

Lawyers began using ATS as a tool in human rights litigation in 1979, when the family of 17-year-old Joel Filartiga, who was tortured and killed in Paraguay, sued the Paraguayan police chief responsible. Filartiga v. Peña-Irala set a precedent for U.S. federal courts to punish non-U.S. citizens for acts committed outside the U.S. that violate international law or treaties to which the U.S. is a party. Almost 100 cases of international (often state-sanctioned) torture, rape and murder have been brought to U.S. federal courts to date under the ATS. The new ruling limits the law to U.S citizens and entities.

“Corporations are often present in many countries and it would reach too far to say mere corporate presence suffices,” wrote John Roberts, the chief justice of the Supreme Court, in the majority opinion. “There is no indication that the ATS was passed to make the United States a uniquely hospitable forum for the enforcement of international norms.” Stephen Breyer, another of the nine judges, agreed with Roberts in the decision but left the door open for some lawsuits. “I would find jurisdiction under this statute where (1) the alleged tort occurs on American soil, (2) the defendant is an American national, or (3) the defendant’s conduct substantially  and adversely affects an important American national interest,” wrote Breyer in a separate legal opinion. “(T)hat includes a distinct interest in preventing the United States from becoming a safe harbor (free of civil as well as criminal liability) for a torturer or other common enemy of mankind.” Shell – in Breyer’s opinion – did not qualify as a U.S. entity. “The defendants are two foreign corporations. Their shares, like those of many foreign corporations, are traded on the New York Stock Exchange,” Breyer wrote. “Their only presence in the United States consists of an office in New York City (actually owned by a separate but affiliated company) that helps to explain their business to potential investors.”

Other such cases have been filed against Chiquita and Halliburton. Chiquita was sued by surviving victims of brutal massacres waged by right-wing paramilitary squads in Colombia. The paramilitary, who killed thousands of civilians during Colombia’s dirty war of the 1980s and 1990s, were on Chiquita’s payroll in the 1990s. Now-U.S. Attorney General Eric Holder defended Chiquita in the case and won a plea bargain for them of $25 million and five years of probation. Kellogg, Brown and Root, a former subsidiary of Halliburton, has also been sued under the ATS for allegedly trafficking 13 men from Nepal to Iraq against their will to work on U.S. military bases. The men, 12 of whom were killed, believed they were going to work at hotels in Jordan and elsewhere.

The Obama administration backed Shell last June after abruptly changing sides. In its submission the Justice Department urged the Supreme Court to dismiss the suit against Shell. The brief’s authors stated that the ATS was not appropriate for Kiobel or other lawsuits involving foreign corporations accused of collaborating in human rights abuses with a foreign government outside U.S. territory. U.S. courts “should not create a cause of action that challenges the actions of a foreign sovereign in its own territory, where the [sued party] is a foreign corporation of a third country that allegedly aided and abetted the foreign sovereign’s conduct,” the Justice Department wrote.

Many activists say that the decision will set back human rights causes. “This decision so severely limited a law that has for decades been a beacon of hope for victims of gross human rights violations,” says Elisa Massimino, president of Human Rights First, a New York based NGO. “Abusers may be rejoicing today, but this is a major setback for their victims, who often look to the United States for justice when all else fails.  Now what will they do?” However, other lawyers drew a measure of hope from the fact that the Supreme Court decision did not exclude all lawsuits against multinationals overseas in U.S. courts.

 

Military Recruitment, Casualties, and Public Opinion

Originally posted on Mobilizing Ideas:

International Studies Quarterly just published Yagil Levy‘s most recent work on the reshaping of military conflict due to democracy, technology, and now protest.  I have posted elsewhere about his work on casualty aversion due to the intersection of democracy and technology (and also on related work by Jonathan Caverley).  This piece, titled “How Military Recruitment Affects Collective Action and its Outcomes” [gated] explores the impact of military recruitment on a public’s willingness to “absorb” casualties among its soldiers during military conflict.  In other words, Levy wants to know the extent to which recruitment impacts the collective action opportunities of those who would (de)mobilize public opinion in democracies regarding casualties, and thereby support for the war.

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Further remarks on Niger Delta violence and amnesties

The second section of the interview (see post above) focused on the militancy in the Niger Delta and included the following questions and my responses:

1. In your opinion, what are the conditions that drive individuals toward militancy in the Niger Delta?

Poverty alone is not a causal mechanism for insurgency, nor does simply being a weak state cause collective violence.  In the Niger Delta it is a two-part dynamic in which poverty amidst vast oil wealth combines with weak state apparatuses to create insurgency. The former creates the incentives and the latter provides the conditions. Niger Deltans suffer from deprivation while seeing that resources, e.g. oil profits, exist that could be bettering their lot, fostering a sense of injustice. It is easy for militant leaders to galvanize this injustice and organize it along ethnic lines due to the often contentious tribal diversity of the Delta. Then, the Nigerian government does not have the capacity or sometimes the will to stop the social disorder, creating a sense of stateless that is conducive to violence.

2. Do you believe these are the same root causes for cultism and other such violent activity in the Niger Delta region?

To an extent, but I do see the insurgency as analytically different from cultism and other forms of collective violence. The particular nature of oil drives militancy, and group violence unrelated to natural resources is in many ways a separate issue. Groups with income flows from control of oil are more likely to attract opportunistic participants, make insurgents like those of MEND primarily economic actors (insurgents have not been ideologically driven for many years, if they ever were). Unlike cultism and other forms of collective violence, militancy requires clear leadership, sustained engagement, access to arms, and it must have a local population on which it can rely on for resources (Weinstein 2006). On the other hand, other collective violence campaigns unrelated to oil can arise more sporadically, use fewer or homemade weapons, and I think can have more porous membership networks.

3. What expectations do you think that the Amnesty Program created for ex-militants and their communities?

From my observations, there was little expectation among the average Niger Deltan that the Amnesty would have a lasting impact on the insurgency in the long-term, because the number of men who could pass through the program was far fewer than the number of unemployed youths attracted to militant engagement.  Militants themselves could have been hopeful for personal gains, but that was an individual aspiration.

 4. Since after the declaration of the Amnesty Program, have you seen any positive service delivery or infrastructural changes in the region?

No.  From what I understand, the Amnesty Program has provided stipends and job training for former militants, but has not affected service delivery for communities.

5.What do you think will happen in the region after the Amnesty Program ends in 2015?

When the Amnesty Program ends in 2015, insurgency will go up to its previous levels since the overall conditions that led to start of insurgency, such as rampant unemployment, have not changed. The problem with the amnesty is that creating some jobs does not stop violence. Job creation temporarily lowers rates of violence because employment pulls non-committed militants away from the movement and simply keeps more men busy so they have less time for violence, but in a region with such poverty and lawlessness there will always be more recruits to replace those who join an amnesty. Obviously if every Nigerian was gainfully employed with a good standard of living then that would presumably end the insurgency, since violence is generally inversely proportional to economic development. For me however, the sheer number of unemployed men in the Delta, surely hovering around 50%, will always outpace any increase in the number of local jobs created with any government program, so as one militant leaves the movement another one will replace him. So, theoretically non-oil jobs would probably end violence but realistically that would be improbably just based on the population number of the Delta. The Amnesty Program has always just been a temporary fix in which insurgents were paid to stop engaging in violence.

Dutch court rules mostly in favor of Shell

Four Nigerian farmers of the Goi and Oruma villages, supported by the Dutch NGO Friends of the Earth and the local Environmental Rights Action, sued Royal Dutch Shell in the Dutch District Court of The Hague for four oil spills between 2004 and 2009. This past Wednesday, the court ruled that the oil spills were caused by sabotage, and that Royal Dutch Shell is not liable towards 3 of the 4 farmers. It dismissed the claims of the Friends of the Earth. The court’s decision would support the idea that much of the Niger Delta pollution is caused by criminal activity carried out by locals, which has been the argument of  oil companies defending their role in the environmental damage there.

The court did find that the Shell Petroleum Development Company of Nigeria (SPDC), a Nigerian subsidiary, could have prevented the sabotage in one case by plugging up the well but then acknowledged that the SPDC subsequently contained the leak. Nevertheless, Shell has been ordered to pay compensation to one farmer and has agreed to do so.

The verdict is not necessarily a total defeat for Niger Deltans.  Although the farmers did not prevail, the case does establish that cases against Dutch companies for misdeed abroad can be heard in Dutch courts. Friends of the Earth announced that the case was intended as a test and that the organization is satisfied by the precedent. The case been followed closely by those who have been interested in the Saro-Wiwa and Kiobel rulings.

Read details of the ruling here.

Related articles:

 

Italian Colonization in Africa

Flag of the Italian Empire

When we think of the colonization of Africa, the British and the French are the key empires that first come to mind, followed by the Portuguese, Belgians, Dutch, and Germans.  In the Scramble for Africa, Italy was not considered a key player in comparison to other major European powers. Italy did come to occupy Libya, Somalia, modern-day Eritrea, and later on Ethiopia briefly (although Ethiopia can boast to have had the only army to successfully repel an European force, the Adwa victory in 1896). As a student of Nigerian history, I have spent the last several years analyzing the nature of British rule in West Africa, especially in comparison to the French style. An overly simplified description would be that the British were comparably hands-off, I emphasize comparably, preferring to use indirect rule by bribing local chiefs and maintaining pre-existing structures of indigenous rule.  France however took a more top-down approach, centralizing its governments in Africa using officials from France, ousting local rulers, and imposing oppressive law known as IndigenatSince arriving to Florence to write my Niger Delta findings, I have spent more time thinking about how a European power could have been comparably less successful in its attempts to colonize African territories. Italy is an example of this.

At lunch with a noted Italian historian yesterday, I asked, “Why was Italy so poor at colonization?” His answer was direct, that Italy simply arrived too late to the colonization game to be able to compete with the firmly established empires that were already occupying most of Africa.  He emphasized that Italy did not become united as a country until 1861, and by then European colonizers had already been exploiting African peoples and resources for centuries.  At this time Italy barely knew how to govern itself, let alone far away foreign lands.

I would add to his account that there was a resurgence in the idea of an Italian Empire during WWI, a war during which Italy secured its stronghold in Libya particularly.  There existed a popular rhetoric of nationalism, in which interlocutors described Libya as still part of the ancient Roman Empire, and by extension of that as being part of Italy. Giovanni Pascoli, a great nationalist writer, stressed the importance both in his written works and speeches of forging an expanded national identity through conquest and praising of the proletariat. Yet still, Italy could never quite “catch up” with other Europeans in the colonization of Africa.

Mussolini‘s regime sought to regain a foothold in Africa starting in the 1920′s, and did so with his conquering of Ethiopia 1936, when he declared an official “Italian Empire.” However, WWI had depleted the resources of the Italian government and Mussolini failed to understand realistically what was necessary to successfully maintain rule over African colonies. It was only a matter of time before his fascism was brought to an end, and WWII created such reverberating changes in the European-African relationship that Italy essentially no longer had any power in Africa by the end of the War.

There is a bridge in Addis Ababa that I have heard about which has Mussolini’s inscription on it, essentially marking it as his future domain.  Absolute power corrupts absolutely, and apparently makes rulers have totally unrealistic goals for their conquests.

Benito Mussolini

Renewed attention to the Biafran Conflict

The BBC has reported that at least 100 people have been charged with treason in south-eastern Nigeria after a march supporting independence for Biafra, their lawyer says. Igbo members of the Biafran Zionist Movement (BZM) declared independence from Yoruba- and Haused-dominated Nigeria, raised the Biafran flag and then marched through the region’s main town of Enugu over the weekend, the Igbo stronghold during the Biafran War. Most of those arrested were young men, many sons of former Biafran fighters, but some were veterans of the war themselves. They were all remanded in custody.

More than one million people died during the 1967-70 Biafran conflict – mostly from hunger and disease. Political scientists debate whether the term “war” accurately describes the conflict. To be a “war” a certain percentage of deaths must occur on each side, and nearly the all the deaths occurred among Igbos and nearly all were due to the national government and its allies cutting off food and medical supplies to Igbo communities.

The BZM first gathered on Sunday to mark the birthday of former Biafran leader Chukwuemeka Ojukwu, who died in November 2011 and was buried in Enugu in March. His burial revived some cries for independence. The BBC (from Lagos, and not Enugu mind you) says that 45 years after the Biafran flag was first raised – an action which sparked Nigeria’s civil war – a small number of separatists still keep their dream alive, despite the threat of being charged with treason.

Biafran War 1967-1970

map
  • 1960: Nigeria gains independence from the UK
  • 1967: South-eastern portion of Nigeria secedes as Republic of Biafra on 30 May
  • Biafra dominated by Igbo ethnic group
  • Home to much of Nigeria’s oil
  • Nigerian army blockades Biafra and more than a million people die through famine, disease and fighting
  • 1970: Biafran government surrenders

Some recently released books and films have increased attention to Biafra. The war has been put back in the spotlight as the renowned Nigerian writer Chinua Achebe, arguably the greatest male writer in Nigeria with Wole Soyinka, has just released his memoirs of the conflict. Igbo-American Chimanada Adichie’s amazing novel  Half a Yellow Sun is being made into an American film, as this traumatic period of Nigeria’s history is set to reach a wider audience. The title refers to the flag created for the shortly independent republics of Biafra. The film stars Thandy Newton and was filmed primarily in Calabar, with my friends working as extras on set. Far less impressive, the Jeta Amata’s movie Black November is soon to be released starring Mickey Rouke, Viviva A. Fox, and Kim Basinger, which is an effort to take Nollywood mainstream to Hollywood.  Based on the ridiculous trailer I almost hope no one goes to see the unrealistic portrayal of the oil conflict. Oil was a key impetus to the start of the Biafran War and control over reserves undergirded much of the struggle over Nigerian territory in the late 1960s, but I doubt the average viewer will think enough about the movie to be able to link natural resources to conflict.

Gbagbo supporters entering the ICC clash with police

As mentioned in my previous two posts, last week’s start of the International Criminal Court‘s case against the former President of Cote d’Ivoire was historic.  He is the most high-profile defendant to date, and the first head of state to face charges.  Many Ivorians and members of the Ivorian diaspora are following the case closely, and emotionally.  According to those I spoke with on Tuesday, so many people hoped to attend Gbagbo’s pre-trial that there was a sign-up list online in order to fill the 75 seats in the public viewing gallery fairly.  In the 30 minutes before the start of proceedings, police escorted in groups of half a dozen people or so, and many hopeful attendees began to complain that police were using a different list than that online.  The ICC’s front desk employees had told me earlier that morning that it was first come first serve, and that whoever lined up soonest would enter.

However, there was no semblance of any orderly line, and people began to argue with others waiting to enter, and then some hostility began to be directed at the police. One tearful woman approached an escorted group as they passed through the ICC’s street entrances, yelling at them that they were criminals and murders.  Others began pushing their way to the front of the line, claiming a friend was saving them a place.  As police tried to gently usher people away from the buildings entrance, demonstrators who had been at the pro-Gbagbo rally across the street became agitated and screamed at the police officers.

Across the street from the Court, near the rally, perhaps a hundred riot police emerged from armored vehicles, although no riot ended up taking place.  From my vantage point, the Dutch police were impressive in their professionalism.  They remained exceedingly calm and respectful, even when Gbagbo supporters were not. I did not observe any excessive violence on the part of the police, and comparably speaking, I can’t imagine police in any other country showing such restraint. I noted that perhaps 1/3 of the riot officers were female, a much higher percentage than I think would be present in the U.S. in such a situation.

Right around the time when Gbagbo’s hearing was supposed to start, I looked across the street to see a young Ivorian man getting physical with another man, and then saw him take a full swing at a police officer when the officer tried to break up the fight.  As soon as he tried to punch that officer, any hope of getting in to the hearing was over for all of us.  The doors to the Court were immediately locked, police brought out German Shepherds, and then they began to close off the sidewalk.

Here are two clips I took of the “line” to enter the Court.  The first shows the arrest of the man with the yellow bag above, and the second clip is of Gbagbo supporters getting frustrated when they were not permitted entrance. See:

Pro-Gbagbo Rally Outside of the International Criminal Court

Laurent Gbagbo, Président de la République (Cô...

Last week was historic for the International Criminal Court. It marked the pre-trial of the case against Laurent Gbagbo, the first former head of state to ever face charges in the ICC. I arrived on Tuesday simply hoping to see the inside of the building, but instead spent the afternoon watching demonstrators clash with Dutch police, and each other.

I was familiar with the Gbagbo case before I arrived and it was a simply a coincidence that my visit coincided with the first day of his pre-trial, which he did not attend. I knew that Gbagbo was installed as President of Cote d’Ivoire in 2000 and was in power during the 2002 civil war that split the country into politically contentious north and south regions. He served for a decade, based mostly on his continual stalling of his second election, and when Alassane Outtara was declared the winner of the 2010 elections Gbagbo refused to step down. He and his supporters argued that Outtara rigged the election (which is really hard to do unless the candidate is the incumbent) and Gbagbo swore himself into office again, despite that international observers called the voting more-or-less fair and that Gbagbo had already serve the equivalent of the constitutional limit of two five-year terms. Cote d’Ivoire became an even more volatile place in November 2010 when both Gbagbo and Outtara began to use violence to ensure their respective presidencies. The post-election conflict received the most media attention when a mass grave was discovered containing the bodies of known Outtara supporters.

According to the Case Information Sheet on “Situation in the Cote d’Ivoire: The Prosecutor v. Laurent Gbagbo” provided to me at the ICC’s front desk, pro-Gbagbo forces purportedly used widespread and systematic attacks against specific ethnic or religious communities that were supporting Outtara. The ICC is alleging that murder, rape and other sexual violence, persecution, and other inhuman acts were committed over an extended time period and over large geographic areas (I’m using the ICC’s wording). Gbagbo is being called an indirect co-perpetrator for four counts of crimes against humanity. Although Cote d’Ivoire is not party to the Rome State that founded the ICC, it accepted its jurisdiction in April 2003, which was ironically under Gbagbo’s regime. Outtara reconfirmed the country’s acceptance of this jurisdiction and at the end of last year the former President was arrested in the capital of Abidjan and transferred to The Hague. He has been fit to stand trial, and after being found indigent, the Court has borne the cost of his Defense.

Based on the violence that has occurred in Cote d’Ivoire over the last decade and the 2010 election strife, I was not totally surprised to see a rally outside the ICC on Tuesday. I became confused though when I approached the demonstration to see participants wearing t-shirts saying “Free Gbagbo” and holding banners calling Gbagbo a political prisoner. I initially assumed the 200+ demonstrators were there to see justice served against a tyrant, but on the contrary, they were loyal to Gbagbo and had come to support him.

I spent an hour or so talking with various protesters. Although a good number lived in the Netherlands, most seemed to have come from all over Western Europe, telling me they spent the night on buses from London, Paris, Berlin, and Milan to attend and would turn around and get back on the bus that same afternoon. I heard a litany of reasons for their presence there, with the most simple being that Gbagbo was a family friend or that he was born in the same community as the protester. Some said they came out because they felt he would be a better ruler than Outtara, while others felt he had been a scapegoat for an out-of-control military that acted of its own accord. Many voiced anger that Gbagbo’s inner circle have all been imprisoned under Outtara, including the former First Lady Simone Hehivet Gbagbo, his son, Michel Gbagbo, and former Prime Minister Pascal Affi N’Guessan. Many chanted about one-sided justice, in which both sides had committed violence yet only Gbagbo was arrested. I was handed a leaflet calling the 2010 election a France-backed coup, a form of neocolonialism. A different leaflet I received showed graphic photos of dead bodies from a massacre that allegedly occurred on July 20, 2012, captions stating that Ouattara used the military to burn opponents alive and that he had established concentration camps. Another Ivorian-French man at the rally gave me an information sheet that had nothing to do with the 2010 election violence at all, but rather was demanding an answer as to who was responsible for the November 2004 bombing of a French military camp in Bouaké, which killed 9 French soldiers, one American civilian, and injured 38 others. The pro-Gbagbo demonstration simply gave him an audience and platform he needed to get his message across.

Here is some footage I took of the rally in its early hours when it was at its calmest:

 

Democracy Now’s Video on Kiobel

Along with same-sex marriage and affirmative action, the Supreme Court will re-examine the issue of the Alien Tort Statute (ATS) as means for foreigners to sue American corporation in U.S. courts. The new 8-month session began this week and the Kiobel case remains on the docket, in which 12 Niger Deltan petitioners are suing Royal Dutch Shell Petroleum. This case has been discussed in previous posts here.