13.05.2008, Southafrica, US Supreme Court clears the way for
Khulumani’s international lawsuit against multinational companies
and banks
Tuesday, 13 May 2008 08:01
Khulumani Support Group, a national membership-based organisation of
victims and survivors of Apartheid gross human rights violations,
welcomes the order issued by the United States Supreme Court yesterday
that the judgment of the Second Circuit Court of Appeal in the
Khulumani International Lawsuit stands. This significant development
opens the way for the case to go forward to trial.
The circumstances of the Supreme Court Order are that the Court lacked
the necessary quorum of six justices to issue an opinion. Four justices
were disqualified, having had to recuse themselves because of either
holding investments in or because of having family ties to some of the
companies. The Court consequently did not issue an opinion and ordered
that the Second Circuit Court decision be affirmed.
The Second Circuit Court decision of October 2007 held that liability
of corporations for aiding and abetting the perpetration of gross human
rights abuses, does exist and that it can be pled under the Alien Tort
Statute (ATCA). Under this statute, US federal district courts have
adjudicated “violations of the law of nations or of a treaty of
the United States”, including violations of core customary
principles of human rights by private individuals and corporations.
The Khulumani lawsuit targets 23 foreign multinationals for
having aided and abetted the perpetration of gross human rights
violations in South Africa under apartheid by equipping and financing
the apartheid government's military and security agencies. (See list of
defending corporations below). All the corporate defendants in the suit
had operations in South Africa. Khulumani is seeking damages for
specific violations of internationally recognized human rights norms
(extrajudicial killing, torture, sexual assault in association with
torture, prolonged arbitrary detention, and indiscriminate shootings)
by the apartheid government following the UN’s classification of
apartheid as a crime against humanity.
Having cleared the most serious obstacle to its progress to date,
today's decision of the Supreme Court means that the critical arguments
that corporations should be held accountable for aiding and abetting
the perpetration of gross human rights violations, can now be
interrogated. Khulumani Support Group's lawsuit is the most critical
test case globally for creating global standards for ethical corporate
behaviour and for promoting a culture of corporate responsibility. The
lawsuit has the potential to alter the relationship between states,
individuals and transnational corporations with respect to human
rights. For human rights and social justice advocates, the case has
been hailed as a potential catalyst in advancing international human
rights law.
The success of this appeal comes in the light of a campaign that has
been supported by an overwhelming majority of Truth and Reconciliation
Commissioners as well as by numbers of South African and international
civil society organisations and individuals.Khulumani Support Group
welcomes the fact that the South African government has become
increasingly aware of the potential of the case to serve the important
objective of advancing an international order of human rights that
includes multinational corporations.
Khulumani believes that the reinvigoration of the case at this point in
time provides the South African government with the opportunity of
clarifying its position on the Khulumani lawsuit and of working with
Khulumani to end the impunity of corporations across the globe.
For comment, please contact:
Khulumani's National Director (Acting): Dr Marjorie Jobson: Mobile: +27 82 268 0223 Telephone: +27 46 636 2715
Khulumani's Attorney: Mr Charles Abrahams: Mobile: +2782 560 7152 Telephone: +27 21 914 4842
List of defendants:Barclay National Bank Ltd., British Petroleum, PLC,
Chevrontexaco Corporation, Chevrontexaco Global Energy, Inc.,
Citigroup, Inc., Commerzbank, Credit Suisse Group, Daimlerchrysler AG,
Deutsche Bank AG, Dresdner Bank AG, Exxonmobil Corporation, Ford Motor
Company, Fujitsu, Ltd., General Motors Corporations, International
Business Machines Corp., J.P. Morgan Chase, Shell Oil Company, UBS AG,
AEG Daimler-Benz Industrie, Fluor Corporation, Rheinmetall Group AG,
Rio Tinto Group and Total-Fina-Elf
Cooperators
World Coalition Against Torturers (WCAT)
International Rehabilitation Council for Torture Victims (IRCT)
Project Management
Bianca Schmolze
Bianca Schmolze
has a Master of Business Administration and works for the Medical Care
Service for Refugees since 2002. After serving as a fundraiser, she
became responsible coordinator of the "Justice heals" campaign in 2004.
Furthermore, she has a mandate in the city council of Bochum.
Tel.: +49-(0)234-9041380
Fax: +49-(0)234-9041381
(Thursday and Friday, 10.00–18.00 Uhr)
Supported by
Manfred
Nowak,
UN Special Rapporteur on Torture