The Oil Industry and Human Rights in the Niger Delta - EarthRights ...

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have encountered in implementing the VPs, identifies weaknesses and omissions, andspotlights the successes and areas of convergence of interest among parties.Much has been learned about the relationship between corporations and governmentsecurity forces, as well as the consequences of that relationship, since the VPs were firstpromulgated in 2000. The review process should hear witnesses who can testify to thesuccesses various multinational corporations have achieved in developing effectivesecurity protocols that incorporate a respect for human rights and ethical conduct. Thistestimony can be compiled into a report on best practices in security arrangements forcorporations operating in the developing world.Identify Provisions of the Voluntary Principles and Other Practices for LegislativeConsiderationThe results of this review may be used to identify ways in which the United Stateslegislative process may help to prevent human rights abuses by companies employinggovernment security forces. This could entail identifying key provisions of the VoluntaryPrinciples for enactment into law, with a focus on those portions that have been neglectedby signatory parties.Expanding Criminal Jurisdiction in the United States for International Human RightsViolationsThe 1998 Parabe incident, in which Chevron called in the Nigerian military to respond tononviolent protesters, leaving two dead and others wounded and tortured, has beenreviewed by experts in the United States. In particular, Hugh McGowan, the former headof the New York Police Department’s Hostage Negotiation Team, reviewed the eventsand determined that it was not a hostage situation, that the use of military force was notwarranted, and—most importantly—that in his opinion, he would refer the attack to theproper authorities for possible prosecution. 117 Of course, there have been no prosecutionsof anyone at Chevron involved in the Parabe incident, and it is not clear who would havethe authority to engage in such prosecutions. The U.S. Congress should look intoexpanding the reach of United States courts, to grant them greater criminal jurisdictionover corporations that are complicit in human rights abuses in violation of internationalhuman rights law and U.S. domestic law.ConclusionExtractive industries such as oil and gas companies must learn to listen to the complaintsof the local people in whose territories they carry out their business. They need tounderstand that the environment is the life of the people and that continual degradation ofthe environment directly affects the means of livelihood of the people. The Ogoni, theIlaje, and their fellow protesters chose the best route out of the mire that the Niger Delta117 Expert Report of Hugh McGowan in Bowoto v. Chevron Corp. para. III(2)(g) (Oct. 31, 2005);deposition of Hugh McGowan in Bowoto v. Chevron Corp. at 271:14-273:8 (Nov. 4, 2005).Page 28 of 29
has become: through nonviolent dialogue. This is what was demanded ten years ago.This demand still remains to be answered.By reforming their relations with security forces, increasing transparency, andintroducing practices that respect human rights and the environmental rights upon whichthose rights are dependent, Chevron and other extractive industry companies can combinesound business practices, effective security protocols, and respect for the rights of thosewho are directly affected by their operations. They will improve community relations,burnish their corporate image, and potentially boost profit margins. Similarly, byimplementing common-sense legislation based on widely accepted standards, this countryhas the opportunity to increase its capacity to help bring corporate practice in line withhuman rights and ethical norms worldwide.Page 29 of 29
Page 1 and 2: The Oil Industry and Human Rights i
Page 3 and 4: instance of malaria and waterborne
Page 5 and 6: People were put out of jobs because
Page 7 and 8: All Costs and Few Benefits: a Bad D
Page 9 and 10: The oil companies’ role in the mi
Page 11 and 12: murders. 46 Following the arrests o
Page 13 and 14: In 2002, Human Rights Watch noted t
Page 15 and 16: Although Chevron has since claimed
Page 17 and 18: destroying and looting houses, beat
Page 19 and 20: particular, Chevron’s close relat
Page 21 and 22: year-old woman whose lower limbs we
Page 23 and 24: the area. They complained that the
Page 25 and 26: Violent Militancy and the “Oil Wa
Page 27: cooperating armed forces have commi

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