Shell’s Niger Delta Pollution: The Good, the Bad and the Ongoing Quest for Justice

Download PDF
Oil spill in Nigeria's Ogoniland

An indigene of Bodo, Ogoniland region in Nigeria, tries to separate with a stick the crude oil from water in a boat at the Bodo waterways polluted by oil spills attributed to Shell equipment failure.(Photo credit: PIUS UTOMI EKPEI/AFP/Getty Images)

By Audrey Gaughran, Amnesty International’s Africa Programme Director

This week’s ruling by a Dutch court in a case brought by four Nigerian farmers against the oil company Shell for pollution damage represents a small victory – but also underlines the real-world challenges facing victims of pollution and human rights abuses involving multinational companies.

The four farmers who brought the case had seen their livelihoods destroyed by oil pollution from Shell’s operations.

The court found in favour of one plaintiff, stating that Shell Nigeria had breached its duty of care in that case by failing to take reasonable action to prevent third parties tampering with oil wells and causing oil spills. Shell will now have to pay compensation to the affected farmer.

SEE THE REST OF THIS POST

Repressive Regimes Rejoice, Twitter to Censor Content

Download PDF

twitter bird censoredTwitter dropped quite the shocker last week when it declared its new policy to remove Tweets in certain countries to abide by specific national laws. While a tweet will remain visible to the rest of the world, specific messages will disappear in the target country (e.g., following requests by governments).

The ensuing backlash saw a lot of people screaming “censorship” (ironically, on Twitter). While the first wave of criticism has quickly calmed down, for a human rights watchdog, the announcement is quite alarming:

As we continue to grow internationally, we will enter countries that have different ideas about the contours of freedom of expression. …. Until now, the only way we could take account of those countries’ limits was to remove content globally. Starting today, we give ourselves the ability to reactively withhold content from users in a specific country — while keeping it available in the rest of the world.

SEE THE REST OF THIS POST

Arms Transfers: States Love Secrets, But We Want the Facts

Download PDF

By Alaphia Zoyab, an Online Communications Officer from Amnesty’s International Secretariat.

All governments say they want to stop the flow of illicit arms, but listening to many of them at the UN today, it became clear that not many are willing to do anything about it.

This is because it will involve much greater transparency on how they report on arms transfers and this immediately makes governments uncomfortable.

Amnesty International’s findings show that the biggest source of illegal arms is through diversions from legal stockpiles and authorised trade. However, because current reporting by governments on imports, exports and arms transfers is so poor, it is near impossible to establish where and how deadly weapons are getting diverted.

SEE THE REST OF THIS POST

United Nations Member States Meet to Discuss Arms Trade Treaty

Download PDF

By Leon Ratz, Amnesty’s thematic specialist on the Arms Trade Treaty

© YURI CORTEZ/AFP/Getty Images

This week, delegates from UN Member States are gathering in New York for the next round of negotiations on the Arms Trade Treaty (ATT).

The treaty talks aim to establish the highest possible common standards for the export, import, and transfer of conventional weapons. If the negotiations prove successful, the treaty may have huge positive implications for human rights and human security around the world.

Currently, the multi-billion dollar global arms trade is often irresponsible, or even unregulated, resulting in weapons often reaching the hands of those who use them to commit serious abuses of human rights.  From the Sudan to the DRC to Myanmar, Amnesty International has documented how arms transfers have directly fueled serious abuses of human rights.

SEE THE REST OF THIS POST

Environmental Activists Shot to Death in Brazil

Download PDF

Many people think of Brazil as a land full of resources and promise.  However, environmentalists face a terrifying reality.  While they are only trying to preserve and protect the beauty and nature of the nation’s land, they are frequently subject to blatant threats and attacks.

Since May 24, 2011, the described menace turned not into one, but four cold-blooded killings in the northern states of Pará and Rondônia.  Although the killings were anything but unannounced, the authorities shamefully failed to protect these brave citizens.

Environmental activists José Cláudio Ribeiro da Silva and his wife Maria do Espírito Santo da Silva were ambushed and shot dead at a bridge in Nova Ipixuna, Pará.  According to reports from local NGOs, one of the gunmen cut off José Cláudio’s ear to keep as proof of the killing. The killings took place at a reserve where three hundred families earn their living from harvesting Brazilian nuts and cultivating tropical fruits. As a respected community leader, José Cláudio had denounced incursions into the reserve by illegal loggers and cattle ranchers. His bravery was soon met by threats and right before his death, he said he was living with the threat of “a bullet in the head at any moment”.

SEE THE REST OF THIS POST

Supporting California's Call to go "Conflict-Free"

Download PDF

Last year, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act.  Buried within the Act is a provision that addresses an ongoing activity at the intersection of business and human rights: the mining of minerals from the Democratic Republic of Congo.

Section 1502, or the Conflict Minerals provision, essentially requires publicly traded companies to submit annual reports to the Securities and Exchange Commission disclosing whether their products contain minerals from Congo or adjacent countries. If so, these companies must explain the actions taken to trace the origin of the minerals and whether they come from mines that help fund armed conflict.  While the Commission is still working out the rules pertaining to how exactly this gets done, the provision itself has received strong support.

Here’s why such disclosure and due diligence are necessary: armed groups perpetrating the violence finance themselves through trade in four main minerals – tin, tantalum, tungsten and gold.  These minerals are turned into metals that are then sold on to be used in the very mobile phones and laptops you are using now.  If we as consumers knew which products contained the minerals from these mines, we could use our purchasing power as a force for change.

SEE THE REST OF THIS POST

Prison Lobby's Ties to Arizona Anti-Immigration Law

Download PDF

The [undocumented] person, without right to residence and without the right to work, had of course constantly to transgress the law. He was liable to jail sentences without ever committing a crime … Since he was the anomaly for which the general law did not provide, it was better for him to become an anomaly for which it did provide, that of the criminal. Hannah Arendt, 1951

An immigrant stands in a holding cell at the U.S. Immigration and Customs Enforcement (ICE) detention facility for illegal immigrants on July 30, 2010 in Florence, Arizona. (Photo by John Moore/Getty Images)

For almost two decades, legislators and Presidents have treated immigration detention as some sort of “magic bullet” that will deter would be immigrants from crossing the U.S. border, instill terror in communities so that immigrants will voluntarily leave, and criminalize individuals through incarceration if they choose to fight deportation because they are U.S. citizens, refugees, lawful permanent residents, or breadwinners with long-time ties to their U.S. families, communities and workplaces.

Today NPR reported that Arizona’s recent draconian immigration law, SB1070, was written in collusion with the leadership of for-profit prisons and their lobbyists. The law requires Arizona police to stop and ask for papers proving legal residency if the officer has “reasonable suspicion” to believe the person is undocumented. If the person can’t immediately produce papers, she will be arrested and detained. Lawsuits arguing that the law was unconstitutional were almost immediately filed because it would be almost impossible to “identify” an undocumented person without resorting to racial profiling.

Criminalizing immigrants through detention has proven to be no magic bullet in managing migratory trends, but it has certainly proven to be a golden goose for these private prison operators. As the President of Geo Group,Wayne Calabrese, explained to its investors, according to NPR:

“I can only believe the opportunities at the federal level are going to continue apace as a result of what’s happening. Those people coming across the border and getting caught are going to have to be detained and that for me, at least I think, there’s going to be enhanced opportunities for what we do.”

Depriving someone of their liberty through detention is a very coercive measure, which carries a strong stigma and severely impacts on individual rights. Criminalizing immigrants, not only by imposing criminal penalties for entering or remaining in the U.S without permission, but also by stigmatizing and criminalizing third parties who care for them, may have the effect of limiting or entirely denying protection and access to fundamental human rights, such as adequate housing or health care.

At the same time, documentation shows that “inflexible policies of exclusion, which are enforced through severe punishments of a penal nature and deportation for their breach, feed directly into the hands of traffickers,” who each year enslave thousands of women, men and children in the U.S., while the federal government adamantly declares its intention to protect trafficked persons.

For years, advocates have linked the massive growth in immigration detention with the exponential profits reaped by private prisons. Meanwhile, the U.S. government has picked up the enormous bill for a prison system that is widely viewed as cruel, inept and dysfunctional. It’s not good immigration policy, but it’s a terrific business strategy.

Don't Mine Us Out of Existence

Download PDF

UPDATE: Apparently the tribes in Orissa have asked James Cameron, the director of record-winning film Avatar for his assistance in stopping Vedanta’s operations.

UK-based company is destroying the environment of indigenous people in Orissa.

Help to save lives in the Indian state of Orissa.

In my first blog post, I wrote about the plight of Adivasis in Orissa.  Well, we’ve done a report that has documented one such case in much more detail.

Dongria Kondh women at a protest meeting, Niyamgiri Hills, Orissa, India, 2009

Dongria Kondh women at a protest meeting, Niyamgiri Hills, Orissa, India, 2009. Copyright: Amnesty International

Indian authorities have given local communities little or no information about the potentially disastrous impact of a proposed aluminum refinery expansion and mining project to be operated by subsidiaries of UK-based company Vedanta Resources in the eastern state of Orissa.

We document how an aluminum refinery operated by a subsidiary of UK-based FTSE 100 company Vedanta Resources in Orissa is causing air and water pollution that threatens the health of local people and their access to clean drinking water.

Adivasi, Dalit, women and other marginalized communities in the remote part of Orissa where the refinery is located have described to us how authorities told them that the refinery would transform the area into a Mumbai or Dubai.

The Orissa State Pollution Control Board (a state government agency) has documented air and water pollution from Vedanta Aluminum refinery in Lanjigarh, Orissa. The pollution threatens the health of local people and their access to clean water yet there has been no health monitoring.

Despite these concerns and the environmentally sensitive location of the refinery near a river and villages, the government is considering a proposal for a very large expansion of the refinery. Neither the Indian authorities nor Vedanta have shared information on the extent of pollution and its possible effects with local communities.

SEE THE REST OF THIS POST

Google, Actions speak louder than words

Download PDF

Google made an unprecedented announcement this week by claiming it is no longer willing to continue censoring search results on Google.cn, its Chinese search engine. Meetings are underway with Chinese authorities to discuss removing filtering software from Google.cn and, the company further claims, if an acceptable agreement is not reached, Google may shut the search engine down.

Some in the media and some human rights advocates are heralding this announcement as a turning point in corporate America’s relations with China, given that Google attributes their sudden opposition to censorship is the result of a security breach of two Gmail accounts belonging to Chinese human rights activists.

But as Tom Foremski rightly points out over at ZDNET, a leading IT publication:

The question remains is why now? Google could have taken a stand on human rights in China on many occasions in the past.

Many Internet companies operating in China, including Google, have previously complied with the Chinese government’s censorship requirements. And this isn’t the first time that Chinese human rights defenders have been the targeted through their email accounts. Yahoo! handed over Shi Tao’s personal email records to Chinese authorities in 2004 which led to a 10 year prison sentence. He was targeted because of his effort to expose government-endorsed media censorship over the 15th anniversary of Tiananmen. More recently, the Chinese government blocked Twitter, Flickr, and Hotmail prior to the 20th anniversary of Tiananmen in June and attempted to mandate that all PC makers such as Hewlett Packard and Dell install software that filters Internet content.

Foremski also cites a Twitter feed from Guardian reporter Bobbie Johnson – who hits the nail on the head:

Goog [sic] acted after its rights were infringed, not the rights of its users.

That’s why AIUSA pulled out of the Global Network Initiative – a multi-stakeholder initiative – we joined in 2007, with the goal of establishing voluntary principles to promote and respect human rights on the Internet. We saw no tangible results.

We certainly welcome Google’s statements, but actions speak louder than words. And this is the internet company’s opportunity to be a leader. Google should stand with human rights defenders and support the Global Online Freedom Act (H.R. 2271) which could help IT companies resist information requests by the Chinese government.

By Tony Cruz and Anna Phelan, Amnesty International USA’s Business & Economic Relations Group

Sleeper Hits of the Summer – Part 1: The Curious Case of 30,000 Indigenous People vs. Chevron

Download PDF

By Anna Phelan, Amnesty International USA’s Business & Economic Relations Group

Among my picks for sleeper hits of the summer, is a powerful documentary film called Crude: The Real Price of Oil. The film is described as a real-life high stakes legal drama, set against a backdrop of the environmental movement, global politics, celebrity activism, human rights advocacy, the media, multinational corporate power, and rapidly-disappearing indigenous cultures. For the most part, the main characters aren’t actors… well, I mean Chevron’s invested a lot of money and time in their web of lies, so maybe they’ve been taking acting lessons. And so far, Chevron’s signature method of acting has been to deny responsibility and shift the blame for contaminated soil and groundwater in the communities of the Ecuadorian Amazon.

:: Learn more about the history of oil in the Amazon and Amnesty’s work ::

On Sunday, the United Nations Secretary-General Ban Ki-moon spoke of how indigenous communities suffer disproportionately from low health standards linked to poverty, malnutrition, environmental contamination and inadequate healthcare marking the International Day of the World’s Indigenous People. The hardship and discrimination faced by indigenous peoples has a lot to do with the fact that they are often excluded from decision-making processes – by both governments and corporations. In her Op-Ed piece, Navanethem Pillay, U.N. High Commissioner for Human Rights, called for more than a symbolic celebration saying, after centuries of repression, they need comprehensive tools to defend their human rights, their way of life, and their aspirations.

And that’s what makes the case against Chevron a compelling story for film – not unlike the Doe v. Unocal lawsuit or, more recently, Wiwa v. Royal Dutch Shell. Indigenous peoples are gaining access to the legal system to challenge governments and transnational companies and defend their human rights. You might not know their names, but the 30,000 indigenous people who filed suit against Texaco (now Chevron) in 1993 are more than Extras. They are the real-life protagonists.

Sleeper hits are made by word of mouth recommendations. Crude: The Real Price of Oil opens to larger audiences on 09/09/09. Take action now to show your support of human rights for the indigenous communities of Amazon’s Ecuador.

Crude: The Real Price of Oil Trailer