Landmark Human Rights Trial Bowoto v. Chevron to Begin October 27th

Nigeria's Delta State is not a good place to be an environmentalist. In fact, it's not a very good place to be a Nigerian. Delta State is quite a nice place for oil companies though; since oil was found there in 1956 multinationals like Chevron and Shell have extracted billions of barrels of crude -- currently, between 1.8 and 2.5 million barrels a day -- from across the oil-rich Niger River Delta, leaving a destitute and despoiled landscape in their wake.

As of 2004, oil accounted for 98% of Nigerian exports and almost half of GDP, yet despite record prices, almost three quarters of Nigerians still live on roughly $1 per day. Some of Nigeria's poorest communities are clustered around the platforms, pipelines, and refineries that dot the mangrove forests and rich estuaries throughout the Niger Delta and other oil producing communities. For decades, oil companies' pledges to improve their lot have gone unfulfilled. Instead, local villagers were bequeathed a toxic environment and a legacy of violence and human rights abuses.

On Monday, a handful of these villagers will finally get their day in court, when the case of Bowoto v. Chevron goes to trial.

In 1998, Larry Bowoto and about 100 other community members staged a peaceful protest at one of Chevron's offshore oil platforms, demanding a meeting between company representatives and village elders to negotiate for the job training and education programs they had been promised in exchange for the severe environmental harms they had been forced to endure. They were unarmed, and after receiving word that Chevron would attend a meeting in a nearby village the following day, they prepared to leave the platform peacefully.

Before they could do so, three company helicopters carrying Nigerian military personnel swooped down on the platform and opened fire, killing two people and injuring several others, including Bowoto. Allegedly acting at the direction of Chevron, soldiers detained and tortured several other protestors, after which company personnel paid them for their services.

Bowoto and his co-plaintiffs filed their suit in 1999 in United States District Court in San Francisco. After nearly a decade of legal wrangling, the case now stands as an important milestone in the history of international human rights law: for the first time, a U.S. company could potentially be held liable in U.S. courts for gross human rights abuses committed in their overseas operations.

I will be in the courtroom this week to witness this historic trial as it begins. Although I have no connection to Nigeria and no ties to the plaintiffs, it's important for me to be there because I've seen this kind of story before.

For the past several years, I've worked as a volunteer legal advisor in Ecuador and the U.S. on a case that raises similar issues. Starting in the 1960's, Chevron pumped oil out of the Ecuadorian Amazon and, in the process, recklessly dumped billions of gallons of toxic wastewater and oil sludge directly into rivers, streams and unlined earthen pits across a region the size of Rhode Island. Once one of the world's most important biodiversity hotspots and home to half a dozen isolated indigenous tribes, Ecuadorians now call the area a "Rainforest Chernobyl" due to the prevalence of cancer clusters and birth defects among those still bathing, fishing, and drinking the polluted water.

While the Ecuador case is proceeding in a dusty Amazonian courtroom, attention is now turned to San Francisco, where Chevron's lawyers will do their best to disprove Bowoto's arguments about the company's complicity in human rights abuse. Depending on what happens, this trial may open the door to justice for more victims of corporate malfeasance around the world, or it may make their claims much harder to hear. Either way, my colleagues in Ecuador and human rights advocates worldwide are waiting for news from the trial.

I'll be blogging from the courtroom this week. Stay tuned...

Comments

[mjt218]

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/10/29/BUUC13PITQ.DTL&hw=chevron&sn=001&sc=1000

Tuesdays arguments . . .

[yadana]

This is very similar to the Alien Torts Claims case in California court v. Unocal by villagers in Burma abused by the security forces for the Total/Unocal pipeline. A film was made about the case, called "Total Denial." Unocal settled the case just as it was to go to trial. Then Unocal got bought by Chevron, which continues to be in a direct joint venture partnership with the brutal generals who rule Burma. The Total/Chevron gas pipeline is a massive source of income for Burma's murderous junta. Lovely company!

[aroundthelake]

Finally. Maybe a little accountability will actually come to pass. How long can these oil companies go unregulated from doing what ever they want all over the world. The local people in Nigeria and around the world deserve better.

[lindsrox]

good work dan! look forward to seeing how the trail proceeds....

[durb]

This is a story that is all too common, but too uncommonly reported on. Thanks for the work -- look forward to hearing how this week develops.

[Alex Flores - Huffpost Blogger]

Hi Dan,

Thanks for your post. I look forward to reading more this week as the story develops. If there are links to relevant documents and news articles from case itself or from the time of the incident, please share those also.

Finally, welcome to the Huffington Post.

[redrockmama]

Good on ya Huff Po for blogging on this epic case!

[bms3030]

Thanks for the blog posting. Such an important trial at such an important time.

[adamp22]

thanks Dan. Keep us posted.

[mjt218]

http://www.chevron.com/bowoto/

While I don't doubt that some terrible things happened during this incident, it is important to remember that in the United States even corporations are innocent until proven guilty. Both the plaintiffs (whose views are represented above by Daniel Firger) and Chevron (statement at link) are probably tip-toeing around fact with their statements.

[daerickson]

I agree it is important to remember that all, including companies, are innocent until proven guilty. I also believe Mr. Firger will do a good job of presenting a balanced and interesting record of the proceedings this week. Looking forward to watching how this unfolds.

[mjt218]

Some would argue that Fox News could do the same . . .

[mbalz]

Unbelievable. At least the fact that this is actually coming to trial seems like a step in the right direction. Hopefully something comes out of this -- am looking forward to reading followup stories this week and seeing outcome.

[bhs]

How utterly despicable.

I am particularly curious about the involvement of the Nigerian government in all of this. Given how much money they stand to make via multinational oil companies, and given how little accountability there is in their political system, it's no surprise that they swoop in [literally, sadly] and act as the hitman/proxy for the Chevrons of the world. That particular sleight of hand presumably makes this case much harder to try in a court of law... what should be done when corrupt governments are so tightly integrated with the unsightly back-end of our cash-cow multinationals?

Thank you for the eye-opening article. This deserves much wider attention.

[ohioan73]

Wow. Greed has no boundaries. Not even the well being of humans is enough to quell greedy people's thirst for more, more, more money. We cant expect people who "other-ize" people of other races and treat them as if they dont matter, to care about animals or the environment. That's too much of a stretch. People like that have to be practically FORCED to care about other people by extreme means like lawsuits and criminal prosecution.

Chevron is the kind of company that represents people who would dump their slop jars in your front yard while their own home is pristine.

The election campaign the GOP is running represents the kind of politics that must be ended before the world is in serious apocalypse. The divisiveness, otherizing, exclusiveness has to STOP. It dehumanizes people and is harmful to our world in many trickle-down ways that could eventually result in human extinction. If that sounds far fetched and extreme, then ask yourself why do these so-called Christians like Palin seem to have total disregard for the environment or animals? Do they believe God supports the defilement of his beautiful earth or do they believe He only objects to aborted babies being denied the right to live on this foul, dark, ugly racist planet?

[berealpls]

This case has nothing to do with the GOP or Palin.

It is offensive accusations and generalizations like those contained in this comment that perpetuate “divisiveness, otherizing and exclusiveness.” If you want to make this “foul, dark, ugly racist planet” a better place, start at home and STOP the hateful rhetoric.