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


  • EXPOSED: Before Ukraine Blew Up Kerch Bridge, British Spies Plotted It
    Kit Klarenberg
    EXPOSED: Before Ukraine Blew Up Kerch Bridge, British Spies Plotted It
    12 Oct 2022
    The secret British intelligence plot to blow up Crimea’s Kerch Bridge is revealed in internal documents and correspondence obtained exclusively by The Grayzone.
  • Pentagon Doesn’t Know If It Trained Burkina Faso Coup Leader
    Nick Turse
    Pentagon Doesn’t Know If It Trained Burkina Faso Coup Leader
    12 Oct 2022
    Captain Ibrahim Traore deposed the last man who overthrew the previous government — Lt. Col. Sandaogo Damiba — who did extensive training with the U.S. Africa Command, AFRICOM.
  • Imperialist Militarism and the African Crisis
    Abayomi Azikiwe
    Imperialist Militarism and the African Crisis
    12 Oct 2022
    The U.S. Africa Command, AFRICOM, and all iterations of foreign interference bring instability to the African continent. 
  • Sanctioning the Horn of Africa
    Ann Garrison, BAR Contributing Editor , John Philpot
    Sanctioning the Horn of Africa
    07 Oct 2022
    Eritrea, Ethiopia, and Somalia have suffered from a variety of U.S. interventions over many years. Proxy wars and unilateral coercive measures, sanctions, are the tools used to prevent these nations…
  • Black Agenda Radio October 7, 2022
    Black Agenda Radio with Margaret Kimberley
    Black Agenda Radio October 7, 2022
    07 Oct 2022
    A national survey reveals that the criminal justice system neglects the needs of crime survivors, an October 19, 2022 hearing determines whether Mumia Abu Jamal may be able to appeal his conviction,…
  • Load More
Subscribe
connect with us
about us
contact us