Friday, December 18, 2015
Holding Shell accountable
In the history of petroleum extraction, one of the few countries that has been despoiled by leaks and spills as much as Russia, is Nigeria. And Dutch courts have just given Nigerian citizens a chance to do something about that.
Four Nigerian farmers will have the chance to sue Shell, the multinational oil and gas company, in the Netherlands for pollution they blame on leaking pipelines, a Dutch appeals court has ruled.We hope the plaintiffs do get something from all this.
The farmers, backed by the Dutch branch of environmental group Friends of the Earth, first filed the case in 2008 against Shell in the Netherlands, wanting the Anglo-Dutch company to clean up devastating oil spills in four heavily polluted villages in Nigeria's oil-rich Niger Delta.
The case also asked Shell to prevent further spills and to pay compensation.
Shell had argued that it had no liability in the case and that Dutch courts did not have jurisdiction.
"It cannot be established in advance that the parent company is not liable for possible negligence of the Nigerian operating company," The Hague Appeals Court said in a statement.
Shell said it would comment after studying the decision.
Activists said Friday's ruling sets a landmark legal precedent that clears the way for Netherlands-based companies to be sued for alleged negligence of their subsidiaries elsewhere in the world.
"There is now jurisprudence that means victims of human rights violations or pollution can sue Dutch multinationals in the Netherlands," said Geert Ritsema of the Dutch arm of Friends of the Earth.
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