4 December 2008
A jury in U.S. federal court on Monday cleared Chevron Corporation of liability charges arising from a violent clash on one of its oil platforms off the coast of Nigeria 10 years ago.
The charges stemmed from May 1998, when about 100 people - mainly villagers, protesting environmental damage and demanding compensation and jobs - occupied Chevron's Parabe platform off the coast of West Africa for three days.
The lawsuit in U.S. District Court in San Francisco was brought against Chevron by Larry Bowoto, one of the protestors who occupied the platform, under the Alien Tort Claims Act, which allows foreigners to sue over human rights abuses committed in their countries by or on behalf of U.S. organizations.
The lawyer for the plaintiffs had argued that Nigeria military forces that landed on Parabe to retake the platform were on Chevron's payroll and supervised by the company. Chevron in a statement said it was gratified by the jury's verdict.
"It was never Chevron Nigeria Limited's intent that anyone on the platform be harmed, and we deeply regret the loss of life and injuries that occurred," the statement added. The jury rejected claims that Chevron was liable for torture, cruel, inhuman or degrading treatment, assault, battery and negligence.
Plaintiffs said they will appeal, alleging error by the trial judge, but after this San Francisco trial, it will be surprising if a court over-turns it.
10 years ago at Chevron's Parabe oil platform nine miles off the Nigerian coast, members of the Ilaje ethnic group were upset by Chevron's actions in the Niger Delta, including oil spills and dredging that killed fish, contaminated the soil and fouled drinking water.
They also were angered by a lack of jobs or other compensation and Chevron's apparent unwillingness to talk to them.
In May 1998, more than 100 Ilaje villagers boated out to the oil platform and occupied an adjoining barge. In an initial attempt to end the protest, a Chevron representative began negotiating with tribal elders onshore.
But from that point on, witnesses and experts called by the two sides offered sharply contrasting accounts of how events unfolded.Witnesses for the plaintiffs said the protesters were unarmed and peaceful.
They did not interfere with or threaten any of the workers at the facility, witnesses said, and a small armed military unit patrolled the facility without incident.
On the fourth day of the protest, they said, helicopters leased by Chevron and flown by Chevron pilots transported soldiers and members of the feared mobile police, known as "Kill and Go" units, to the facility.Upon landing, the police and soldiers began firing almost immediately and shot four people, killing two. Lead plaintiff Larry Bowoto testified that he was holding up his hands and shouting, "Don't shoot," when he was shot in the elbow, side and buttock.
The questions being asked by some industry watchers is: Does Chevron have any culpability for the actions of the Nigerian military? Does the military act alone, even when responding to a call by Chevron to remove the protesters?
This is almost like a tree in the woods falling: if the tree wasn't planted off-shore from Nigeria, floating above a major oil field, would anyone be on the oil platform protesting? Does this mean protesters demonstrate at their own peril?
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If a corrupt military regime of late Abacha cannot be held liable for its 1998 action when he sacrificed innocent lives of Nigerians in his response to the call of MNE's Oil Barons to "remove" the nuisance caused by their host, then a responsible civilian Senate should pass legislations within Nigeria to ensure that, in the future, all MNEs operating in Nigeria has to abide by Nigeria's laws, directives and regulations. And if they CANNOT abide by our rules, let them leave our shores. We should not continue to sacrifice the innocent lives of our people at the altar of oil revenue and meeting our customers' oil delivery expectations. What is more important? Life or Money? Nigerian govt, and a civilian one for that matter, ought to put the lives and safety of ALL her citizens (no matter how lowly) ahead of any other consideration. Even a single life lost is too many because each one of us is precious in the sight of our maker. God does not favor one for the other regardless of our status in life; African or American, rich or poor, white or black, educated or illiterates - we are all the same - precious.