“If you call off the campaign, maybe we can do something for your brother.”
That was what Brian Anderson, the then managing director of Shell, was said to have told Ken Saro-Wiwa’s relatives, shortly before the Ogoni activist was executed by the Nigerian dictatorship in November 1995.
The claims of complicity by the oil company in the deaths of Saro-Wiwa and his companions were to be tested in a New York court. Instead, Shell has offered a settlement of $US15.5 million: “a humanitarian gesture”, it says.
Now, you do not often hear “multinational oil company” and “humantarianism” in the same sentence, and in that respect the payout represents a triumph for Saro-Wiwa’s family. His son, Ken Wiwa, explained: “It will provide some kind of psychological relief to have those who they feel were responsible for the violations of human rights, being held accountable for their roles in those human rights violations.”
Of course, the settlement, which explicitly avoids any acknowledgment of guilt, means that the allegations against Shell won’t be ventilated. The lawsuit claimed that company officials provided Nigerian police with weapons, boats and other equipment, took part in their operations and even encouraged them to shoot at protestors demonstrating at pipeline constructions. None of that will be investigated.
Further, the payout goes only to the families of the executed men, not to the Ogoni people more generally. The sum involved is, in any case, a pittance, especially given the huge revenues generated by the Nigerian oil fields and the gross devastation Shell’s operations have caused.
The Ogoni and the other groups indigenous to the area depend on farming and fishing. Oil spills have rendered their arable land barren. The mangroves and mud banks that provide habitat for seafood have been poisoned; the drinking water contaminated. Entire communities have been thrown into poverty. Meanwhile, the repression of activists continues.
In other words, the case has solved none of the broader problems. Nonetheless, it may have set a precedent. There are, after all, other law suits pending against Shell, including one brought as a class action by the Ogoni people as a whole. And if a victory — no matter how partial — against a formerly unassailable multinational might encourage others in Nigeria, it also has implications throughout the world.
The GFC might have temporarily reduced pressure on oil supplies but in the coming years the world’s demand for fossil fuels will inevitably intensify conflicts between oil giants and the people displaced as fresh fields are opened.
A very similar case looms against Exxon Mobil in Indonesia, where villagers claim that company guards carried out atrocities, while in Ecuador, a lawsuit pends against Chevron over its activities in the Amazon.
In his Mandela-like closing statement at the trial that sentenced him to hang, Ken Saro-Wiwa warned:
We all stand before history. […] The Company has, indeed, ducked this particular trial, but its day will surely come and the lessons learned here may prove useful to it for there is no doubt in my mind that the ecological war that the Company has waged in the Delta will be called to question sooner than later and the crimes of that war be duly punished. The crime of the Company’s dirty wars against the Ogoni people will also be punished.’
The day Saro-Wiwa prophesised has not arrived. But perhaps it is getting closer.
Here here.
I was working for Friends of the Earth Sydney back in 1995 and we were shocked at Saro-Wiwa’s martyrdom and maybe suffering survivor guilt in this country where human rights still has a meaning.
Again let me post a backgrounder with links there I’ve carried on my blog(s) for a good 8 years in one form or another: http://www.sydneyalternativemedia.com/id142.html
Notice the Goldman prize, also won on another ocassion by Australian Yvonne Margarula, of the Gundjemhi People opposed to the uranium mine at Jabiluka: Another Indigineous land rights/justice issue against big resource industry.
Peter Garrett actually attended those protests in 1998 – as I did as a protester legal adviser, but he doesn’t like to talk about yellowcake very much these days even as a former Nuclear Disarmament Party candidate. Now he’s a domesticated Gouldian Finch in a Golden Cage, a carbon offset for the ALP as it were to the Green Party.
PG sounded a little shocked on the radio at Bob Brown MP’s fast as social capital payoff of legal fees last week: It’s A Wonderful Life indeed (great movie, great message). Garrett might ask himself one question in my view: What would Ken Saro-Wiwa have done? Face his destiny or join the government party? We know Ken Saro-Wiwa’s awful choice to tell the truth regardless. Methinks there is more Saro Wiwa in Bob Brown’s little finger than in the whole of PG’s noggin, with one caveat – Howard was definitely going for nuclear weapons in due course if re-elected, and being smeared with ALP policy sleaze to be rid of him might have been a moral trade off in 2007, but Howard is a long time gone now (!).
Tom,
I agree with everything you say except for one thing: Howard was definitely going for nuclear weapons in due course if re-elected…”
The level of absurdity surrounding this statement is boundless.
Well, to paraphrase Premier Rees, I’m constantly being underestimated. One of my honours supervisors hated my thesis on A Legal Foundation for Aboriginal Land Rights pursuing the Canadian development of “native title” and as per Henry Reynolds books. This was 1989. This academic – who was in big with the Hawke Govt in Canberra moonlighting over at the ANU law school – was promoting Makaratta or a treaty concept (never mind internal groups can’t make ‘treaties’). In Dec 1992 the High Court delivered their ground breaking decision in Mabo [no.2] overturning terra nullius.
In 1993 I was an activist with The Wilderness Society and my honours thesis went walkies out of the office. Turns out as the Cape York Land Council led by Noel Pearson had an activist down south and they were friendly back then in an alliance to repudiate a sell off of the Starcke/Hopevale area via the Wall Street Journal classifieds.
Seems the Blackfellas up there had an interest in my research. Now I don’t even have a copy of it and can only hope one copy is in the ANU library. The first chapter was a cracker, but I did get lost in the Indian, PNG, and South African precedents, as well as a mammoth James Bay Company land title decision in Canada.
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As for Howard’s endless grasping for power, somewhat psychopathic I would say, in the worst case of short man syndrome this country has ever seen (?), one merely needs to consider duel use nuclear power plants (quasi official policy of the Howard Coalition), the over engineered Lucas Heights ‘research reactor’, the open slather U mining official coalition federal Govt policy, the potential escalation of nukes in NK always, Iran ditto, the UK legal decision to allow the Indigenes return at Garcia Del Feugo (spelling?) currently a US secret military base presumably for nuke subs/ships, the original purpose of Christmas Island as a space port, the over engineered Gitmo style immigration buildings there now.
And that’s before even considering the Deputy Dog to GW and the pseudo fascist Neo Liberals.
Howard had the motive, the means, and precursor policies, and like the scorpion … it was in his nature, …… and it remains in his nature.
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I nearly forgot, in the rush of personal comments, that Jeff Sparrow was the author, not Tom McLoughlin.
Tom, if you need a pulpit, I suggest that you find one for yourself and not try to steal Jeff’s. BTW, an honours thesis is never the stuff of revolution. To say “I told you so” in relation to a lost document which was prepared for… wait for it… a few marks towards an individual’s university score… is underwhelming.
Jeff’s discussion of Shell, the Ogoni and Mr Para-Wiwa is apt, concise and powerful. None of these terms applies to your contributions which appear above.
WTF? It’s called the comments string. Of course it’s Jeff’s article. That’s why I said “here, here”. And it was looking a little lonely with no comments. And I do have a record on this issue actually, above and beyond the call of duty if you care to go to the links above. Like a 50 page submission on Shell to NSW Parliament, and admin support for FoE Sydney which helped coordinate support tours in Sydney, and as I said original interview with refugee from Nigeria – not least one harrowing comment about oil leaks washing through the waist high window of houses. With no redress of locals.
By the by Bennetts, I have a pulpit on my own micro news blog. I even break stories there sometimes, champ, contrary to Christian Kerr’s condescension today in The Media section.
But then you would know about condescension eh? Some of us actually walk the talk champ.