- Title: NETHERLANDS: Nigerian villagers sue Shell in landmark pollution case
- Date: 12th October 2012
- Summary: THE HAGUE, THE NETHERLANDS (OCTOBER 11, 2012) (REUTERS) PEOPLE LEAVING THE COURTROOM LAWYERS REPRESENTING NIGERIAN PLAINTIFFS IN DISCUSSION LAWYER REPRESENTING NIGERIANS, CHANNA SAMKALDEN, WALKING THROUGH THE COURT HALL (SOUNDBITE) (English) LAWYER REPRESENTING NIGERIANS CHANNA SAMKALDEN SAYING: "Of course if there would be a judgement in this case, it would only apply to Shell and Dutch multinationals, but if the judge would decide that also the mother company should be held responsible for what is happening in the countries of their subsidiaries, then that would bring a huge difference for corporate social responsibility, because it would mean that mother companies could no longer rely on the formal separated entities." NIGERIAN PLAINTIFF ERIC DOOH TALKING TO JOURNALISTS (SOUNDBITE) (English) NIGERIAN PLAINTIFF ERIC DOOH SAYING: "I never expected that the court would give room for press men to come and witness what is happening, this situation you hardly see in my country, Nigeria. I am happy and I know that justice will prevail, because the evidence presented by our lawyers is very clear. These are visible things." SHELL VICE PRESIDENT FOR ENVIRONMENT, ALLARD CASTELEIN, TALKING TO JOURNALIST (SOUNDBITE) (English) SHELL VICE PRESIDENT FOR ENVIRONMENT ALLARD CASTELEIN SAYING: "United Nations environment programme last year in August released their report which clearly stipulated that the big problem in the Niger Delta actually concerns illegal refining and theft of oil. That's a large scale local procedures as well as international procedures. People still oil from our installations, refine it locally, but they discharge a lot of additional products right into the environment." COURT HALL
- Embargoed: 27th October 2012 13:00
- Keywords:
- Location: Netherlands
- Country: Netherlands
- Topics: Business,Industry
- Reuters ID: LVAEIR9XFNPCTLCP5ZM4JZTIGOSJ
- Story Text: Four Nigerian villagers took Royal Dutch Shell to court on Thursday (October 11) in a landmark pollution case that campaigners said could open the door to more compensation claims against international companies.
The fishermen and farmers, together with the Friends of the Earth campaign group, accuse the oil major of polluting land and waterways around their homes in the Niger Delta region of Africa's top energy producer.
The villagers launched their claim in a civil court in The Hague, where Shell has its joint global headquarters.
Shell has denied responsibility, saying the leaks were caused by sabotage.
Lawyer Channa Samkalden representing the Nigerians told the court Shell had failed to maintain pipelines, clean up leaks and prevent pollution.
Samkalden said that the claim, if successful, could open up a new way for plaintiffs to take on multinationals - by suing their parent companies in their home countries.
"Of course if there would be a judgement in this case, it would only apply to Shell and Dutch multinationals, but if the judge would decide that also the mother company should be held responsible for what is happening in the countries of their subsidiaries, then that would bring a huge difference for corporate social responsibility, because it would mean that mother companies could no longer rely on the formal separated entities," she said.
The villagers, who appeared in court, want unspecified damages saying Shell and other corporations were responsible for pollution from three oil spills between 2004 and 2007.
One of the plaintiffs said he was optimistic about the verdict.
"I never expected that the court would give room for press men to come and witness what is happening, this situation you hardly see in my country, Nigeria. I am happy and I know that justice will prevail, because the evidence presented by our lawyers is very clear. These are visible things," plaintiff Eric Dooh said.
It is the first time a Dutch-registered company had been sued in a Dutch court for offences allegedly carried out by a foreign subsidiary.
Shell says the pollution was caused by thieves breaking into pipelines to steal the oil.
"United Nations environment programme last year in August released their report which clearly stipulated that the big problem in the Niger Delta actually concerns illegal refining and theft of oil. That's a large scale local procedures as well as international procedures. People still oil from our installations, refine it locally, but they discharge a lot of additional products right into the environment," Shell Vice President For Environment Allard Castelein said.
With around 31 million inhabitants, the Niger Delta is one of the world's most important wetland and coastal marine ecosystems. It is an important source of food for the poor, rural population.
Last year, the United Nations said in a report the government and multinational oil companies, particularly Shell, were responsible for 50 years of oil pollution that had devastated the Ogoniland region, part of the Niger Delta.
The government and oil firms have pledged to clean up the region and other parts of the Delta, but residents say they have seen little action.
Shell Petroleum Development Co (SPDC) is the largest oil and gas company in Nigeria, with production capacity of more than 1 million barrels of oil equivalent per day.
It operates a joint venture in which state owned Nigerian National Petroleum Corp has a majority share. Total SA TOTF.PA subsidiary Elf Petroleum Nigeria Ltd. also has a stake.
Three judges are expected to deliver their verdict on the Hague case in the new year. - Copyright Holder: REUTERS
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