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


  • Freedom Rider: Israel and the U.S. Assassinate Peace
    Margaret Kimberley, BAR senior columnist
    Freedom Rider: Israel and the U.S. Assassinate Peace
    02 Dec 2020
    Israel and Saudi Arabia are doing everything in their power to prevent Biden from rejoining the nuclear agreement -- and Biden’s team has nothing to say.
  • The Black Agenda Review: A Manifesto of First Principles
    Editors, The Black Agenda Review
    The Black Agenda Review: A Manifesto of First Principles
    02 Dec 2020
    The Black Agenda Review will function as a weekly supplement to the regular editorial content of the Black Agenda Report.
  • Will This Be the Radicalization of Black Lives Matter?
    ​​​​​​​ Ajamu Baraka, BAR editor and columnist
    Will This Be the Radicalization of Black Lives Matter?
    02 Dec 2020
    Ten Black Lives Matter chapters are demanding that those who have amassed millions of dollars in the movement’s name submit to both a financial and political accounting.
  • People Power (Or 30 min. men and women every 4 yrs?)
    Raymond Nat Turner, BAR poet-in-residence
    People Power (Or 30 min. men and women every 4 yrs?)
    02 Dec 2020
    The People earned a dancing in the streets day, horn honking, slogan shouting day—collective sigh/exhale of relief day…Yes, The People deserve
  • "Awkwafina Is Nora From Queens" Demonstrates the Depths of New Cold War Propaganda against China
    Danny Haiphong, BAR Contributing Editor
    "Awkwafina Is Nora From Queens" Demonstrates the Depths of New Cold War Propaganda against China
    02 Dec 2020
    In the season finale, the liberal mask comes off and the program morphs into a screed for the U.S.’s New Cold War on China.
  • Load More
Subscribe
connect with us
about us
contact us