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


  • Asylum, Migration and U.S. Foreign Policy
    Margaret Kimberley, BAR Executive Editor and Senior Columnist
    Asylum, Migration and U.S. Foreign Policy
    21 Sep 2022
    Immigration rules are often determined by U.S. foreign policy. Citizens of nations under U.S. attack, such as Venezuela, are made eligible for asylum. Haitians suffer under U.S. dictates but are…
  • MANIFESTO: The Anti-Racist Manifesto of Colectiva Feminista en Construcción, 2020
    Editors, The Black Agenda Review
    MANIFESTO: The Anti-Racist Manifesto of Colectiva Feminista en Construcción, 2020
    21 Sep 2022
    The Anti-Racist Manifesto of Puerto Rico’s Colectiva Feminista en Construcción (La Cole) outlines a radical solution to capitalism, colonialism, and climate change.
  • A Final Word on “MAGA Communism” and Social Conservatism
    Danny Haiphong, BAR Contributing Editor
    A Final Word on “MAGA Communism” and Social Conservatism
    21 Sep 2022
    Opportunism and foolishness have resulted in the latest example of U.S. decline, the concept of  "MAGA Communism." This absurdity is proof that a true socialist movement is badly needed.
  • BAR Book Forum “Sports and Black Struggle”: Interview with Dewitt King
    Roberto Sirvent, BAR Book Forum Editor
    BAR Book Forum “Sports and Black Struggle”: Interview with Dewitt King
    21 Sep 2022
    In this feature, we interview organizers, journalists, scholars, and athletes working at the intersection of sports and Black struggle. We ask three general questions to all contributors and two…
  • My two new lil nieces: Session 1 Lesson 1
    Raymond Nat Turner, BAR poet-in-residence
    My two new lil nieces: Session 1 Lesson 1
    21 Sep 2022
    My two new lil nieces: Session 1 Lesson 1 “And you very small persons will not have to die if you make yourselves heard! So come on, now, and TRY!” — Dr. Seuss
  • Load More
Subscribe
connect with us
about us
contact us