Wiwa family lawsuits against Royal Dutch Shell
Encyclopedia
The Wiwa family lawsuits against Royal Dutch Shell are three separate lawsuits brought by the family of Ken Saro-Wiwa
against Royal Dutch Shell
, its subsidiary Shell Nigeria
and the subsidiary's CEO Brian Anderson, in the United States District Court for the Southern District of New York
under the Alien Tort Statute
, the Torture Victim Protection Act of 1992 and Racketeer Influenced and Corrupt Organizations Act
(RICO). They are charged with complicit
y in human rights abuses against the Ogoni people
in the Niger Delta
, including summary execution
, crimes against humanity, torture
, inhumane treatment, arbitrary arrest, wrongful death, and assault
and battery
. The lawsuits were filed by the Center for Constitutional Rights
(CCR) and co-counsel from EarthRights International in 1996, and after 12 years of Shell petitioning the court not to hear the cases, they were heard 26 May 2009.
The particular incidents raised in these cases were:
American photojournalist Ed Kashi
's images from the book Curse of the Black Gold: 50 Years of Oil in the Niger Delta were deposed as evidence of the human rights abuses that the oil industry, particularly Shell, has inflicted on the Ogoni people.
On June 8, 2009, Shell settled out-of-court with the Saro-Wiwa family for $15.5 million. Ben Amunwa, director of the Remember Saro-Wiwa organization, said that "No company, that is innocent of any involvement with the Nigeria military and human rights abuses, would settle out of court for 15.5 million dollars. It clearly shows that they have something to hide".
Shell stated the payment was a humanitarian gesture and a gesture of sympathy, denying culpability in the death of Ken Saro-Wiwa death and the deaths of the other so-called Ogoni Nine.
Ken Saro-Wiwa
Kenule "Ken" Beeson Saro Wiwa was a Nigerian author, television producer, environmental activist, and winner of the Right Livelihood Award and the Goldman Environmental Prize...
against Royal Dutch Shell
Royal Dutch Shell
Royal Dutch Shell plc , commonly known as Shell, is a global oil and gas company headquartered in The Hague, Netherlands and with its registered office in London, United Kingdom. It is the fifth-largest company in the world according to a composite measure by Forbes magazine and one of the six...
, its subsidiary Shell Nigeria
Shell Nigeria
Shell Nigeria is the colloquial name for Royal Dutch Shell's Nigerian operations carried out through four subsidiaries—primarily through Shell Petroleum Development Company of Nigeria Limited...
and the subsidiary's CEO Brian Anderson, in the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
under the Alien Tort Statute
Alien Tort Statute
The Alien Tort Statute ) is a section of the United States Code that reads: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." This statute is notable for allowing...
, the Torture Victim Protection Act of 1992 and Racketeer Influenced and Corrupt Organizations Act
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
(RICO). They are charged with complicit
Complicit
An individual is complicit in a crime if he/she is aware of its occurrence and has the ability to report the crime, but fails to do so. As such, the individual effectively allows criminals to carry out a crime despite possibly being able to stop them, either directly or by contacting the...
y in human rights abuses against the Ogoni people
Ogoni people
Ogoni people are one of the many indigenous peoples in the region of southeast Nigeria. They share common oil related environmental problem with the Ijaw people of Niger Delta, but Ogonis are not listed in the list of people historically belonging to Niger Delta...
in the Niger Delta
Niger Delta
The Niger Delta, the delta of the Niger River in Nigeria, is a densely populated region sometimes called the Oil Rivers because it was once a major producer of palm oil...
, including summary execution
Summary execution
A summary execution is a variety of execution in which a person is killed on the spot without trial or after a show trial. Summary executions have been practiced by the police, military, and paramilitary organizations and are associated with guerrilla warfare, counter-insurgency, terrorism, and...
, crimes against humanity, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, inhumane treatment, arbitrary arrest, wrongful death, and assault
Assault (tort)
In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence...
and battery
Battery (tort)
At common law, battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them . Unlike assault, battery involves an actual contact...
. The lawsuits were filed by the Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
(CCR) and co-counsel from EarthRights International in 1996, and after 12 years of Shell petitioning the court not to hear the cases, they were heard 26 May 2009.
The particular incidents raised in these cases were:
- the 1995 judicial hangingHangingHanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...
s of the Ogoni NineOgoni NineThe Ogoni Nine were a group of nine activists from the Ogoni region of Nigeria, including outspoken author and playwright Ken Saro-Wiwa, Saturday Dobee, Nordu Eawo, Daniel Gbooko, Paul Levera, Felix Nuate, Baribor Bera, Barinem Kiobel, and John Kpuine , who were executed by hanging in 1995 by the...
, leaders of the Movement for the Survival of the Ogoni PeopleMovement for the Survival of the Ogoni PeopleThe Movement for the Survival of the Ogoni People is a campaigning organization representing the Ogoni people. Ogoniland is situated north-east of Niger Delta...
(MOSOP); - the torture and detention of Owens WiwaOwens WiwaMonday Owens Wiwa is a medical doctor and human rights activist. He is the brother of executed Ogoni leader Ken Saro-Wiwa, and the son of Ogoni chief Jim Wiwa. Wiwa is an internationally renowned expert on the effects of globalization, especially as it relates to the highly controversial business...
and Michael Tema Vizor; - the shooting of a woman, Karololo Kogbara, who was peacefully protestProtestA protest is an expression of objection, by words or by actions, to particular events, policies or situations. Protests can take many different forms, from individual statements to mass demonstrations...
ing the bulldozing of her crops in preparation for a Shell pipeline, and another female protester, Uebari N-nahby by Nigerian troops allegedly called in by Shell.
American photojournalist Ed Kashi
Ed Kashi
Ed Kashi is an American photojournalist and member of VII Photo based in the Greater New York area. Kashi's award-winning work spans from high-end print photojournalism to experimental film...
's images from the book Curse of the Black Gold: 50 Years of Oil in the Niger Delta were deposed as evidence of the human rights abuses that the oil industry, particularly Shell, has inflicted on the Ogoni people.
On June 8, 2009, Shell settled out-of-court with the Saro-Wiwa family for $15.5 million. Ben Amunwa, director of the Remember Saro-Wiwa organization, said that "No company, that is innocent of any involvement with the Nigeria military and human rights abuses, would settle out of court for 15.5 million dollars. It clearly shows that they have something to hide".
Shell stated the payment was a humanitarian gesture and a gesture of sympathy, denying culpability in the death of Ken Saro-Wiwa death and the deaths of the other so-called Ogoni Nine.
External links
- BBC report on case
- BBC report on background to case
- Wiwa v. Shell - Official website (joint project of the Center for Constitutional Rights and EarthRights International)
- Center for Constitutional Rights
- Earth Rights International
- Correspondence between Shell and the Nigeria Police
- Why I'm Suing Shell, article by Ken Wiwa (son of Saro-Wiwa)
- Royal Dutch Shell to go to Trial for Complicity in Torture and Murder of Nigerian Protesters
- Selection of Court documents for pending trial
- ShellGuilty coalition