This was a major victory for Chevron, which was falsely accused of violating the civil rights of Larry Bowoto and bis friends in the Niger Delta region. Here are my thoughts:
A federal judge on Wednesday upheld a San Francisco jury's verdict that cleared Chevron Corp. of wrongdoing in the shootings of Nigerian villagers who occupied an offshore oil barge in 1998 to protest the company's hiring and environmental practices.
U.S. District Judge Susan Illston, who presided over the four-week trial in November, denied a request by the villagers' lawyers for a new trial and ruled that there was evidence to support the verdict.
About 150 tribesmen from the oil-rich Niger Delta occupied a barge tethered to Chevron's Parabe platform in May 1998, saying the company's Nigerian subsidiary had refused to meet with them and hear their complaints that drilling and dredging were polluting their wells and killing trees and fish.
The villagers said they were unarmed and peaceful, but Chevron's witnesses said the protesters threatened violence, held crew members hostage and demanded ransom. After three days of negotiations, Chevron summoned Nigerian security forces, who killed two men and wounded two others.
The suit was filed under a law passed by the first Congress in 1798 that allows foreigners to seek damages in U.S. courts for violations of international human rights.
On Dec. 1, a nine-member jury unanimously rejected the plaintiffs' claims that Chevron was responsible for assault, inhumane treatment, torture and wrongful death.
Chevron has asked Illston to order the villagers to reimburse the company for $485,000 the company spent defending against the suit. The judge did not address that request in Wednesday's ruling.
In seeking a new trial, plaintiffs' lawyers said Chevron never contradicted testimony that three villagers were shot, beaten or tortured without justification. But Illston said jurors could have had doubts because of contradictions in the testimony.
She also said the jury could have found that the company was not responsible for the actions of military forces, citing Chevron testimony that its Nigerian subsidiary did not control the security forces and that its main concern was the safety of its workers.
Chevron, based in San Ramon, said it was pleased with the ruling. Plaintiffs lawyer Theresa Traber said the villagers would appeal.
Bowoto v. Chevron Is Back In U.S. 9th District Court, Northern California, San Francisco, Feb 6th 2009 and for the purpose of the plaintiffs explaining why a new trial is needed.
The plaintiffs (Bowoto) believe that the core idea that claims Chevron acted in violation of the Alien Tort Act was not understood by the jury, but given the nature of the incident -- tresspassing by Bowoto -- it's hard for me to see how they can make that claim.
After over a month of court legal battles in the case of Larry Bowoto v. Chevron Corporation, the jury only took three days to find the oil company not guilty of 58 counts of assault, torture, and other alledged violations.
The lawyer for Bowoto said they would pursue an appeal, but I have to ask who's backrolling their legal bill -- it's certainly not Bowoto.
At any rate, I talked to Chevron spokesperson Don Campbell about today's outcome. Campbell said that it was a victory for American companies doing business around the World who need to protect their employees from harm.
Indeed, Royal Dutch Shell faces a similar case in New York City next week and again involving Nigeria.
Thus,it seems the real organization that should be on trial is the government of Nigeria, which has a poor record of providing good economic development to the people who need it the most.
Today features jury instructions and closing arguments in the trail of Bowoto v. Chevron. In the accounts of the trial, I've noticed an interesting pattern of the perspective of what I know call "White Activist Guilt". From that perspective, Chevron is the rich, bad "white" company, and the Nigerian militant groups attacking that company's employees and facilities are all good, non-violent folks. This is the kind of view that has been presented by blogger Scott Gilmore, and others. But his blog's arguably the best one solely dedicated to the Bowoto trial, so I'll start there.
The story he tells of a peaceful demonstration by Bowoto is just not true. But the real story of this case is the poor Nigerian economic development and that government's neglect in making life better for Nigeria's poor, who've formed militant groups to take whatever wealth they can.
In the ongoing set of problems that is the relationship between Chevron and Nigeria, and as the trial of Bowoto v. Chevron, continues in San Francisco, we have this latest report from Saturday, November 15th, where the pipeline facility in the western part of the Niger Delta was shut down and while the actual reason for this was not reported, speculation was that a militant group was responsible for the damage.
The relevance to the Bowoto case is the organization responsible seems to have ties to the organization Bowoto belonged to. But the real problem is the poor state of Nigerian economic development.
In that account, Cynthia Whyte, the representative of the militant organization The Joint Revolutionary Council (JRC), said that her organization took responsibility for the act of terrorism:
Spokesperson for the Joint Revolutionary Council, Cythia Whyte who disclosed this yesterday in Port-Harcourt in an on-line message said attacks on key oil installations in the region will continue as long as the federal government continues to short change the people of the oil-rich region.
Only last, Saturday, Chevron suffered a big loss in its Abiteye Olero crude oil line near Escravos resulting in the shutting down of operations at the terminal which produces more than 100,000 barrels of crude oil per day.
"More of such attacks will continue as long as our people continue to be short changed in the affairs of the Nigerian state", the Whyte said, adding that. "Violence begets violence. If they attack us, then we too would follow that option. No one has the monopoly of violence. Rebellion against tyranny is righteousness before God. We have suffered enough.
"If the armed forces of the Nigerian state attack our people, then we too will attack their people. It will be a war between David and Goliath. Our strength is in our belief in the Almighty God and in the fact that the people of the Niger Delta deserve a better deal."
But while the JRC was the culprit in the June pipeline attack, it appears that the Saturday pipeline damage may have been caused by a rogue organization. I found this account, again by Ms. Whyte in Sahara Reporter, that was posted just on Friday, November 14th, and regarding a kidnapping of a person -- Chief O.B. Lulu-Briggs -- who was described as "a peacemaker."
Whyte said:
Dear People,
It is with great shame in our hearts and with deep apologies to key stakeholders in this sojourn that we have borne thus far, that we announce that in the early hours of yesterday, at about 1.30 am and thereafter, renegade gunmen and outlawed units of the Joint Revolutionary Council (comprising of the Reformed Niger Delta People's Volunteer Force, The Movement for the Emancipation of the Niger Delta and the Martyrs Brigade) in a rare show of shame attacked the residence of a honored son of the Niger Delta, peacemaker, philanthropist and hardworker, Chief O.B. Lulu-Briggs, taking into captivity his wife Sienye.
While we mourn this misadventure by a band of misguided and mis-informed youths, we plead with the family of Chief O.B. Lulu-Briggs to please forgive this wickedness that had been done to them. It was an act of the devil working gladly in the hearts of men.
Let us also announce herewith that the Movement of Niger Delta People (MONDP) is no longer a member of the JRC alliance. The struggle for the liberation and emancipation of the people of the Ijaw and Niger Delta territory must never be tampered with criminality and banditry.
Only a few weeks ago, in a usual show of rare philanthropy and with the guidance of the President of the Ijaw National Congress and Pro-Chancellor of the Niger Delta University Professor Kimse Okoko, Chief O.B. Lulu-Briggs had given the go-ahead for the construction of a 500 room hostel facility for the Niger Delta University. It is evil to repay good with evil.
Let us however assure all that Mrs. Lulu-Briggs will be safely returned to her family in the next few hours. She has already been released but is currently in transit to safe grounds.
Make no mistake, justice will be done.
Thank you very much.
Cynthia Whyte
Spokesperson, Joint Revolutionary Council
Chief Lulu Briggs is more than just a peacemaker, he's in the oil business and is the CEO of Moni Pulo , an oil producer in the region. His direct ties to Chevron are not exactly clear, but Moni Pulo, like Chevron, is a major tax-paying oil company in Nigeria. The Chief's kidnapping undoubtely is related to his oil business. Where he's represented by Nigeria's top law firms.
More to the point, because he's Nigerian and successful, it's possible that the rogue group sees him as part of "the problem" of poor Nigerian economic development.
But that action is further evidence that Chevron's problems in the region are more complicated than the "Black v. White" veil that the Amazon Defense Coalition paints. Indeed, with such actions as this kidnapping, it's clear that there are warring militant factions with different agendas.
Why did Whyte not reveal that Chief Lulu-Briggs was a major player in the oil business? Are they being paid by his company? Whatever the case, the situation is a muddled one, and such that the attack on Chevron pipelines in June delayed the annoucement of these jobs, which were only now just posted two weeks ago from this writing in November 5th in AllJobs Nigeria:
Chevron: Vacancies @ Escravos Terminal!
« on: November 05, 2008, 12:05:34 PM »
Warehouse Superintendent - Escravos - Nigeria
Employer: Soul Resources Limited
Desired Expertise: Mechanic
Experience: 4+ years
Education: Some College
Salary: Negotiable
Location: Escravos, Nigeria
Date Updated: 10/29/2008
Job Description:
Soul resources requires a Warehouse Superintendent for their clients projects Natural Gas Conversion Project located in Escravos, Nigeria.
To ensure efficient and cost-effective management of warehouses, guaranteeing constant, optimised service in the fulfilment of projects and work orders
Tasks:
* To co-ordinate the organisation of storage facilities, and to ensure their optimal positioning in terms of cost-efficiency and geographical coverage.
* To ensure efficient and cost-effective management of warehouses, guaranteeing reception, storage, preservation and distribution of consumable materials.
* To ensure prompt distribution of materials on request of operative work orders or maintenance, guaranteeing the optimisation of services provided to projects.
* To guarantee monitoring of deadlines and the notification of delays in the delivery of materials by suppliers, to request intervention of the organs responsible.
* To guarantee that materials are checked in compliance with established specifications.
* To guarantee the structuring of inventory procedures regarding stored equipment and spare parts and of updating procedures.
* To ensure correct taking of inventories and the notification of obsolete spare parts or materials for elimination.
* To guarantee that samples by checking at least 2% of coded goods in loading are taken
* To guarantee that samples to check the correctness of handling operations are taken
* To locate warehouse stocks subject to slow handling, obsolescence and/or in excess of normal requirements
* To organise the warehouse, checking that the company procedures are implemented correctly, and ensuring training of warehouse personnel as regards accounting and IT procedures
* To identify and prearrange material storage sites, and to co-ordinate the physical depositing of spare parts and materials
* To guarantee / carry out audits / inspections in the stores in accordance with the company procedures.
Terms:
Role: Warehouse Superintendent
Location: Escravos - Nigeria
Rotation: 56 / 21
Flights: Provided
Contract duration: 25 months
Salary: Negotiable
Monthly overseas allowance: Available
Overtime: Paid
Completion Bonus: Available
Retention Bonus: 10% of total earnings after completion of work and/or contract.
Accommodation: Camp accommodation with full boarding
Start date : Asap
If you are interested in this position please forward your resume to gursh@soulresources.com
---------------------------------------------------------------------------------------------------
E/I Supervisors FPSO
Employer: Soul Resources Limited
Desired Expertise: Electrical Engineering, Instrument Engineer, FPSO experience
Experience: 3+ years
Education: High School/Secondary
Location: Nigeria and Brazil,
Date Updated: 10/30/2008
Job Description:
Soul Resources is urgently seeking to recruit an two E/I Supervisor for offshore Brazil and Offshore Nigeria onboard an FPSOs as follows:
* Locations; Offshore Brazil and Offshore Nigeria- FPSO
* Start date: As soon as is possible
* Duration;12 months renewable contract
* Rotation; 28 days on and 28 days off
* Salary; Negotiable x 12 months paid net of local taxes
* Flights; Provided by the client
* Insurance/Medical; Provided by the client
If you wish to be considered for the above position, please send an updated copy of your CV/Resume to recruit@soulresources.com
From this, it's clear that the real problem is between the Nigerian government and wealthy Nigerians, and Chevron and other organizations are caught in the middle, dealing with a very complex set of cultural economic issues and relationships than defy simplicity. To paint this as the Amazon Defense Coalition has is just plain intellectually sloppy at best, and ignorant at worst.
One should look at the very government of Nigeria itself. But the relationship to Bowoto v. Chevron is clear to me: what relationships did Mr. Bowoto have to these organizations -- or their variants -- at the time of the events that led to the lawsuit? Was Bowoto with an organization that was the precursur to the Joint Revolutionary Council? What about the rogue groups within the JRC? Why? Because if he was in some way, it could be that he's partcipated in such acts as kidnapping in the past.
But this is not to demonize any one person but an organization: Nigeria's Economic Development efforts have been an abysmal failure, and African Scholar Ukoha Ukiko has pointed to this problem of not just the oil companies, but the state itself. Interethnic violence is the rule of the day, and Militant groups have successfully shut down oil production on several occastions since the turn of the 21st Century. An article referenced here -- "Alienation and Militancy In Nigeria and The Niger Delta - 2003" -- summed it up best:
This history of conflict notwithstanding, the Ijaw violence of March and April departs fundamentally from prior patterns.First, although Ijaw grievances still include significant local concerns, their focus is increasingly at the national level,directed at flaws in the national electoral process, resentmentof Nigeria's national army, and most notably inequities in the national formula for allocation of oil wealth. This last grievance has intensified significantlysince the Federal Court decision determining that off-shore oil production is a national asset and hence not subject to the 13 percentderivation formula for Delta communities (which holds that 13 percent of the revenue derived from natural resourcesshould be paid to the states where it is produced). Inaggregate, Ijaw mobilization now extends well outside the Delta region and can no longer be dismissed as an outlier issue limited largely to localized concerns that are relativelyeasy to contain. President Obasanjo, now in his second term,will need to confront Delta grievances reflecting broader national concerned ”resource allocation, political access,corruption” for which he will bear ultimate responsibility.
This is a full text of recorded witness testimony given to date in the Chevron Trial. It comes from Scott Gilmore's blog -- http://bowotovchevron.wordpress.com/2008/ -- who's worked to attend every day of the trial since it's beginning.
Gilmore doesn't take a side but seems more interested in legal strategy than outcome, none the less I do provide commentary at some points below.
At any rate, here is just enough to give one a taste of what's going on but not by any stretch all of it -- that's Scott's blog. So you should read "bottom to top" in terms of day if you want a forward chronological order or just go to the blog for the whole deal.
Day 7 11.5.08
In Trial Notes on November 5, 2008 at 5:23 pm
Federal Courthouse, San Francisco. Ambient temperature: 60 F.
Witness: Harrison Ulori
Today’s session began with the conclusion of Harrison Ulori’s testimony. Mr. Ulori was an Itsekiri worker aboard the Parabe platform barge at the time of the Ilaje occupation. He also participated–along with Boyo Johnson–in the Itsekiri’s March 1998 occupation of Parabe.
Under cross examination by Mr. Klein–attorney for Chevron–Mr. Ulori corroborated previous accounts of the military operation on Parabe. Mr. Ulori stated that from May 25th to 27th he observed no altercations and no violence between the Ilaje protesters and the Naval and Mobile Police aboard the platform and barge. Mr. Klein inquired if he had witnessed a mobile soldier brandishing his belt as a whip and he said he had not. This is the first time we have heard of this incident, and I wonder if Mr. Klein has a card up his sleeve here.
Mr. Ulori also testified that he heard several gunshots after the soldiers leapt from the first helicopter to land on the morning of May 28th. While this slightly contradicts other testimony that the soldiers opened fire while the helicopter was still hovering in the air, the discrepancy in sequence doesn’t strike me as being particularly consequential.
Witness: Methuselah Aiyenumelo
Next, we heard testimony from another of the Ilaje protesters. Questioned by Dan Stormer, counsel for the plaintiffs, Methuselah (as he is commonly called) described the meeting held by Ilaje elders at Ikorigho at which they generated a list of demands from Chevron and decided on a course of action for the protest.
The list was entered into evidence and contained inter alia the following items:
Jobs
employment opportunities from Chevron Nigeria Ltd.
employment opportunities with the permanent contractors working with CNL
opportunities for indigenous contractors
Social Amenities
provision of potable water
town halls/meeting center
electricity/electric lights
post office
school assistance
Redress for Ecological Problems
embankment [protection from erosion]
sand filling [repairing erosion]
resettlement [for zones beyond rehabilitation]
Methuselah then described the events that occurred at the tugboat on May 28th. Arriving in the first Ilaje speedboat, Methuselah corroborated Mr. Bowoto’s previous testimony that the protesters arrived bearing placards with slogans like: “We want to speak to Kirkland [George Kirkland, Managing Director of Chevron]“
Aboard the vessel, the Ilaje refrained from entering the crew’s quarters or the galley below deck. According to Methuselah, another Ilaje protester named Judah came to the tugboat on the evening of May 27th (the night before the attack) to inform him that Chevron’s negotiator and the Ilaje elders had agreed to meet on May 29th in Ikorigho and that the elders would send boats to evacuate the protesters the following morning. Thus far, all of the protesters’ testimony that the they were preparing to leave on the 28th have been consistent.
That night Methuselah slept aboard the barge with Judah. The following morning he awoke to the sound of gunfire. He witnessed soldiers leaping out from a helicopter and opening fire. When a youth ran past him screaming that the soldiers were killing the Ilaje, Methuselah dove into the sea and swam for the tugboat. Once aboard the tugboat, Methuselah helped pull other protesters from the water. He testified that a helicopter hovered over the tugboat and fired tear gas onto its deck.
At that point, he asked Captain Schull to pilot the boat to shore. The captain refused and Methuselah pleaded that it was a matter of life and death. According to his testimony, the captain didn’t give his consent, but he did show Methuselah how to operate the levers that steered the boat.
Methuselah described hearing over the radio that two Ilaje protesters had been shot dead and that 10 others had been locked inside a cargo container on the barge. Then, the youths decided to hold the captain and crew of the tugboat in order to eventually secure the release of the detainees and to reclaim the bodies of the dead. Once at shore, they transferred the crew to a speedboat, brought them upriver and held them in town for three days before the Ilaje king–the Olubo–brokered their release. In the end, Chevron and the Nigerian military did not free the detainees for a month afterwards.
It is perhaps important to note that Methuselah’s account of the holding of the tugboat captain and crew occurred after the raid at Parabe. While the situation aboard the tugboat was by all accounts a hostage-taking, it should not be conflated (as the defense suggests) with the protest aboard the platform. The Ilaje seized the tugboat under duress and fearing for their lives after the armed military intervention: this should count as a somewhat mitigating factor. Whether the jury will see it this way of course remains to be seen.
Methuselah held up better under cross-examination than many of the other Ilaje witnesses, thanks to his better command of English. Sensitive to the defense attorneys’ interrogatory strategy, Methuselah’s responses seemed carefully chosen to avoid repeating potentially prejudicial terms. He expressed his disapproval of commandeering the tugboat and her crew, but stated that it was a desperate act. “We learned that two peaceful protesters were shot dead, and others were incarcerated, plus others were scattered in the waters–I knew that lives were at stake, so we took the tugboat ashore.”
Mr. Mittelstaedt only scored a few points with his line of questioning on the oil blocs. He got Methuselah to admit that there was an established legal mechanism for disputing the community representatives chosen to negotiate with Chevron–one which presumable was not used.
Finally, Mr. Mittelstaedt questioned Methuselah’s version of the Parabe attack. Aside from insinuating that Methuselah stayed in the tugboat’s radio room in order to keep the captain from piloting away from the barge–a seemingly unfounded allegation–Mr. Mittelstaedt was unable to tease out any serious contradictions in his testimony.
Witness: Bassey Jeje
The plaintiffs then presented a videotaped deposition of Bassey Jeje–one of the Ilaje protesters aboard Parabe. Mr. Jeje’s interview was recorded with Bob Mittelstaedt and Bert Voorhees in Lagos, Nigeria in January, 2005.
Mr. Jeje described the attack on Parabe in great detail. By his account, the soldiers fired automatic rifles and shot numerous rounds at the protesters. This somewhat contradicts previous testimony that only a few rounds were initially fired. However, Mr. Jeje–who was shot in the hand and suffered from an injury to his ribs. He was directly in the line of fire and witnessed the shooting of Larry Bowoto and the corpse of Arolika–it’s not surprising that his description of bullets whizzing past his ears might be somewhat exaggerated.
At one point in the deposition, Mr. Mittelstaedt asked Jeje a rather strange question: “Did you think that if they hit you, the bullets would bounce off your body?”
What was this magical thinking all about? Was Mittelstaedt resorting to the ‘Heart of Darkness’ argument I described a few posts back? Was he subtly depicting the Ilaje plaintiffs as superstitious savages? To me it seems unthinkable that Mr. Mittelstaedt would have asked the same question of any of the white witnesses in this trial.
After a pregnant silence–where Mr. Jeje seemed to puzzle over the odd question–he answered matter-of-factly, “If a bullet hits a body, it will penetrate–it will not bounce.”
With that, the videotape ended.
In the final minutes, the plaintiffs called one last witness, but I will treat his testimony in its entirety tomorrow.
* Plaintiffs’ counsel announced tomorrow’s witnesses: Louis Wells and Majemu Osupayojo (by video)
▶ Comment
Day Six 11.4.08
In Uncategorized on November 5, 2008 at 3:37 pm
All apologies for missing Tuesday’s session. I hope to link to another synopsis of the day’s events however. Check in later…
▶ Comment
BOWOTO V. CHEVRON, CHEVRON, CRIMINAL JUSTICE, HOSTAGES, NEGOTIATION, NIGERIA, RANSOM, USE OF FORCE
Day Five 11.3.08....CLICK HERE FOR MORE
This article below gives a balanced view of what happened in Nigeria between Larry Bowoto and Chevron and why the case is important.
LOS ANGELES, Oct. 27 -- Chevron Corp. is at the center of a legal case before federal court in San Francisco that will ask jurors to decide whether the firm sanctioned human rights abuses that resulted in the deaths and injuries of protesters at its Nigerian facilities, or whether the company was simply protecting its employees from belligerent kidnappers.
The lawsuit—identified as Bowoto vs. Chevron, No. C99-2506SI (N.D. Calif.)—alleges that Chevron, in conjunction with the Nigerian military, engaged in torture, assaults, and the killing of two protesters over Chevron's environmental record and its failure to hire locals in the delta region near its oil drilling operations.
Both sides in the current case recognize that the impending courtroom battle, described by one observer as "epic," has legal implications that reach far beyond a single incident by one corporation operating in Nigeria.
"This case could have serious ramifications for workers in developing parts of the world," said Charles A. James, Chevron vice-president and general counsel.
"If plaintiffs had their way, a company could not report hostage-taking to law enforcement authorities without facing the threat of a lawsuit in the US," James said.
Dan Stormer of Hadsell, Stormer, Keeny, Richardson & Renick in Pasadena, Calif., is representing the plaintiffs, a group of Nigerians who were injured during protests on a Chevron offshore oil platform in 1998.
Stormer said his firm is trying to hold a corporation liable for their bad actions in another country, even if it is committed by their surrogates, a wholly owned subsidiary, or by the Nigerian government.
According to Chevron, the hostage-taking incident occurred 10 years ago on oil facilities operated off the Nigerian coast by Chevron Corp. subsidiary Chevron Nigeria Ltd. (CNL). More than 100 CNL workers and contractors were held for ransom and threatened with acts of violence.
Chevron said the incident began when plaintiff Larry Bowoto and other members of the Concerned Ilaje Citizens, an unsanctioned Nigerian community group, threatened CNL with violence and sea piracy if the company did not pay them money and give them jobs.
Weeks later, according to Chevron, they followed through on their threats by seizing the oil platform, an adjacent barge, and a tug boat on May 25, 1998, holding CNL employees and contractors hostage and demanding money and other considerations. CNL attempted to negotiate a resolution without success...MORE
