Black Agenda Report
Black Agenda Report
News, commentary and analysis from the black left.

  • Home
  • Africa
  • African America
  • Education
  • Environment
  • International
  • Media and Culture
  • Political Economy
  • Radio
  • US Politics
  • War and Empire

Obama on Wrong Side in Shell Oil Human Rights Case
03 Oct 2012
🖨️ Print Article

Obama on Wrong Side in Shell Oil Human Rights Case

A Black Agenda Radio commentary by Glen Ford

“Shell Oil, which profits most from the Ogoni people’s degradation and oppression, claims it is just a bystander, an innocent party.”

When Shell Oil walked into the U.S. Supreme Court building, this week, claiming that it is not responsible for the torture and murder of Nigerians in its oil fields in the Niger River Delta, the Dutch corporation had a friend in the courtroom: the Obama administration. The U.S. Solicitor General’s office was there to urge the High Court to rule in Shell’s favor in the case, and to shield other foreign corporations from being sued in U.S. Courts for complicity in human rights abuses overseas. Obama’s lawyers also asked the Supreme Court not to make any decision on whether U.S.-based corporations could be sued under the 200-year-old Alien Tort Statue. A ruling on that question would affect some of the biggest corporations in country: Exxon Mobile, Chevron, Unocal, Coca-Cola, Pfizer pharmaceuticals, and the Ford Motor Company – all of which have been sued under either the Alien Tort law or the Torture Victim Protection Act. By asking the court not to make a broad decision, the administration is also protecting these corporate giants from culpability for rights abuses.

In Shell’s case, 12 Nigerians charge the oil company with being an accomplice to torture, extra judicial executions and crimes against humanity. One of the plaintiffs is the widow of Dr. Barinem Kiobel, who was executed by the Nigerian government along with human rights activist Ken Saro-Wiwa and other leaders of the Ogoni people in 1995. Their homeland, the Niger Delta, had been turned into an environmental wasteland for the benefit of Shell Oil and corrupt Nigerian government officials, with the population living under martial law. Shell Oil, which profits most from the Ogoni people’s degradation and oppression, claims it is just a bystander, an innocent party – that it had nothing to do with the Nigerian government’s atrocities. But, of course, the Nigerian government’s murderous policies were designed to protect the profitability of Shell’s operations. Shell Oil created the nightmare in the Niger Delta – just as its sister corporations do all around the world, under the protection of friendly governments.

“Shell claims it is not a person.”

At the U.S. Supreme Court, Shell Oil argued that the United States should not “impose our law onto foreign countries.” What an outrageous position! Shell Oil imposes itself on the people of the Niger Delta, unleashing what is arguably the worst environmental disaster on Earth, and then asks for legal immunity.

Shell Oil also argues that it cannot be sued under the Alien Tort Statue, because it is not a person. Two hundred years ago, when the law was written, nobody thought corporations were people. Later, corporations fought for and got recognition as a kind of legal person in the United States, allowing them to claim the inalienable rights of actual human beings. But now, under these circumstances, Shell Oil claims it is not a person, subject to human law, but an entity possessing corporate immunities.

The Alien Tort Law was used to compensate Holocaust survivors who had been used as slave labor by corporations that worked with the Nazis. Shell Oil’s operations in Nigeria have also sown a holocaust, for which there must be no impunity.

For Black Agenda Radio, I’m Glen Ford. On the web, go to BlackAgendaReport.com.

BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.



Your browser does not support the audio element.

listen
http://traffic.libsyn.com/blackagendareport/20101003_gf_ShellSCOTUS.mp3

More Stories


  • BAR Radio Logo
    Black Agenda Radio with Margaret Kimberley
    Black Agenda Report June 26, 2026
    26 Jun 2026
    In this week’s segment, we discuss the status of talks between Iran and the U.S.
  • Colombia elections
    Black Agenda Radio with Margaret Kimberley
    Colombia, FIFA, the World Cup and the Materiality of White Supremacy in the Age of Globalization
    26 Jun 2026
    Ajamu Baraka is a Black Agenda Report contributing editor and Director of the North-South Project for People(s)-Centered Human Right
  • Strait of Hormuz
    Black Agenda Radio with Margaret Kimberley
    Can Iran Have Real Peace with an Imperialist U.S.?
    26 Jun 2026
    Navid Zarrinnal is an Iranian journalist. He joins us from Iran to discuss the fragile "cease fire," Trump's threats, the Strait of Hormuz, how Iran's defense capabilities have frustrated the U.S.,…
  • Ajamu Baraka
    ​​​​​​​ Ajamu Baraka, BAR editor and columnist , Dimitri Lascaris
    Gustavo Petro: Israel Stole Colombia's Presidential Election
    24 Jun 2026
    Dimitri Lascaris speaks with Ajamu Baraka about Colombia's Presidential Election and Gustavo Petro's allegation that Israel tampered with the voting tabulation to bring about a razor-thin victory for…
  • Margaret Kimberley, BAR Executive Editor and Senior Columnist
    Democrats and Trump Are in Sync on Iran
    24 Jun 2026
    The bipartisan consensus for regime change against Iran hit the wall of Iranian resistance. But Trump is forced into talks while democrats attack him from the right and expose themselves as partners…
  • Load More
Subscribe
connect with us
about us
contact us