Shell
Judges in The Hague, Netherlands will begin hearing a case
against Shell on Tuesday, with the oil company facing allegations
of complicity in a number of human rights violations in
Nigeria.
They will hear testimonies from four women of the Ogoni people,
who hold Shell partly responsible for the execution of their
husbands by the Nigerian military in 1995.
Nine men, including protest leader Ken Saro-Wiwa, were executed
by the Nigerian military regime. The “Ogoni Nine” were outspoken
critics of Shell’s operations in Ogoniland, a 1,000km2 kingdom in
southern Nigeria, and the plaintiffs claim that Shell encouraged
the Nigerian Government to unlawfully detain and execute these
men.
Allegations against Shell
Lead plaintiff in the case Esther Kiobel said: “Over the years,
Shell has continually fought to make sure this case is not heard in
court. They have the resources to fight me instead of doing justice
for my husband.”
Kiobel first filed a case against Shell in New York in 2002 but
was ultimately unsuccessful, as the US Supreme Court ruled that the
US did not have jurisdiction to hear the case in 2013.
Amnesty International business and human rights researcher Mark
Dummett said: “This will be the first time, in a battle for justice
spanning more than two decades, that Esther Kiobel and her fellow
plaintiffs get the chance to tell their stories in court.
“These women believe that their husbands would still be alive
today were it not for the brazen self-interest of Shell, which
encouraged the Nigerian Government’s bloody crackdown on protesters
even when it knew the human cost.
“Despite a cache of evidence against Shell, the company has
managed to dodge justice for years and until now has never had to
answer in court for these allegations. Tomorrow is an historic
moment which has huge significance for people everywhere who have
been harmed by the greed and recklessness of global
corporations.”
Shell’s response
Shell has repeatedly protested its innocence in the case of the
Ogoni Nine. In 2009, Shell paid a settlement of $15.5m to the Ogoni
people as a “humanitarian” gesture.
Former Shell director Malcolm Brinded said at the time: “While
we were prepared to go to court to clear our name, we believe the
right way forward is to focus on the future for Ogoni people.”
In a statement on its website, the company said: “The 1995
executions of Ogoni leader Ken Saro-Wiwa and eight Ogonis by
Nigeria’s military government attracted international condemnation.
Although SPDC [Shell Petroleum Development Company of Nigeria] was
not responsible for those tragic events, and SPDC – and Shell
International in London – had attempted to persuade the government
to grant clemency, the family of Ken Saro-Wiva and others brought a
court case against Shell. The allegations being made are false and
without merit.
“During the trial, Shell stated that the accused had a right to
a fair legal process. After the trial verdict was announced, the
then Chairman of Shell’s Committee of Managing Directors, Cor
Herkstroter, sent a personal letter appealing to the Head of State
to show clemency on humanitarian grounds to Ken Saro-Wiwa and his
co-defendants.
“To our deep regret that appeal – and the appeals made by many
others – went unheard. We were shocked and saddened by the news
that the executions had been carried out.”