For over thirteen years, multinational oil giant Royal Dutch Shell has done everything in its power to stop a trial from taking place at which the company must answer to charges that it colluded with the Nigerian military to commit serious human rights abuses to quell peaceful resistance to its operations in the Niger Delta region called Ogoni, including conspiring to bring about the conviction and execution of Ogoni leader Ken Saro-Wiwa and eight of his colleagues.
On Tuesday, there was a last-minute announcement that the trial is postponed with no new date given but it is expected to commence soon, and the plaintiffs -- Ogoni villagers and family members of people who were killed -- will finally have their day in court.
There has been a flurry of media attention as the lawyers prepare for battle in the courtroom. However, some of the most interesting events are happening behind-the-scenes in the lead up to the trial. They show that Shell continues to do everything in its power to keep the truth from coming out.
On May 12, Shell's lawyers filed a motion opposing the admission of prominent human rights attorney Paul Hoffman to serve as trial counsel for the plaintiffs. [download PDF of the document]
As standard procedure for a trial of this kind, Hoffman had filed a "pro hac vice" application with the court. The Latin pro hac vice is a legal term meaning "for this occasion," and refers to the lawyer being granted permission to serve in a state where he or she may not hold a law license. In this case, California-based Hoffman was filing to represent the plaintiffs in federal court in New York.
In the motion by Shell's lawyers to oppose Hoffman as counsel, they explain how seriously they take it:
"Defendants' counsel have over 70 years of experience among us, and none of the three of us has ever had occasion to oppose a pro hac vice application."
So why was Shell opposing Hoffman's participation in the trial?
"However, here the website maintained by Mr. Hoffman's firm... contains an announcement that Mr. Hoffman will be one of the lead trial lawyers in this matter, along with a link to plaintiffs' "campaign video" that we have previously raised with the Court." [Emphasis added]
It goes on to conclude:
"posting of that link...is, in our view, inconsistent with counsel's obligations under the Canon 7 of the New York Lawyer's Code of Professional Responsibility, Ethical Consideration 7-33, and Disciplinary Rune 7-107."
Well, the court disagreed.
In the 'Minute Entry" of the court proceedings from May 18, the court rules against Shell's motion to deny Paul Hoffman's participation in the trial: "All pro hac vice applications are granted for the purposes of this case. The Court finds that statements made by plaintiff's counsel did not violate Rule 3.6 of New York Professional Conduct."
But then it goes on to say: "However, plaintiff's counsel must remove the video from the website."
Soon after those court proceedings, the video, produced by Rikshaw Films, disappeared from the WiwavShell.org website, maintained by the Center for Constitutional Rights and EarthRights International, the two organizations which have served as the plaintiffs' main co-counsel in the case.
I don't know how often or how vigorously Shell has complained about this video, but they have. And they take it so seriously that three lawyers with "over 70 years of experience" filed their first motion against an opposing counsel's pro hac vice application over it.
So what's the big deal? Well, you be the judge. Click on the image to watch it:
Note: I should disclose, as I did when I was on Democracy Now! recently, that I am a producer with Rikshaw Films and helped produce the video when I was working with the plaintiffs' attorneys (I no longer do).
I am so tired of this same ol' smae ol' colonialism(s) under the guise of economic devleopment (business)
we lack the actual violence here is the US ; but our lives are no less controled by by big business; and is our government.
example: when the US government uses a credit report from a lender owned credit company to deny jobs to mostly minorities; what other conclusion can one come to.(?)
The idea that "The courts will determine the extent of Shell's complicity in this mess..." without any bias favoring Shell is also unrealistic, even if held in NY; the common naivety of US citizens in trusting our justice system truly boggles the mind, as corporatists' influence on the courts can be seen in many rulings over the last few decades.
US companies have utilizing military dictarorships forever. Look at Nike and their trail of tear through SE Asia and into Indonesia. East Timor anyone? Phill Knight wrote a MBA thesis on this and did it in order to pay Jordan his fees, avoid paying US workers to make the same shoes-too expensive, those damn American workers wanting healtch care and living wages.
Interesting to have a President of the US that was living in Indonesia at the time Suharto invaded E.Timor and filling the country side and waterways with millions of bodies. Never heard a single word regarding Indonesia/E. Timor during the campaign. I have personaly met people from Timor who were tied to chair and beat until their eyes bleed.
Nike found this place a good place to build shoes.
The Exxon Valdez ruined Prince William Sound (think that is correct), ruined the environment, killed fishing, the whole thing and never paid a time, (believe that is still true.)
Shell will continue to pump their gas so people can go support oppressive regimes around the world through their consumption at Walmart, Nike, and eslewhere.
Business Ethics?
Who own the Media?
Please.
It is quite telling that the trial is in New York, not Lagos or Port Harcourt.
"It is a false dichotomy to separate the corruption of Nigeria’s governments — military or civilian — from the predatory presence of Big Oil. The two are locked in the deepest embrace. The foreign corporations pay the regime to maintain peace — and the regime reciprocates by imposing on the people a “peace of the dead.” There are other sources of corruption in the developing world, other contradictions between people and their governments, but the dominance of economic resources by foreigners exacerbates every other division in society. The competition to get into the foreigners’ money flow becomes the Great Game of national political life. The bigger the money flow, the greater the imperative to keep the people in check. The police and army serve as paid thugs for the foreigners’ protection. The national debasement is total. Nigeria’s most important city, Lagos, is also one of the most expensive in the world — yet 70 percent of Nigerians subsist on a dollar or less a day. There is no greater corruption imaginable."