Local Activists Fight Unocal Abroad
by Kai Sandvig
A dynamic collection of people have allied to help counsel Myanmar
villagers in an unprecedented lawsuit against the Unocal Corp. for
human-rights abuses abroad.
Fifteen unnamed plaintiffs from Myanmar (formerly Burma), have come forward
accusing Unocal with knowing of, or ignoring human-rights abuses that
include: rape, torture, forced labor and murder, according to Earth Rights
International.
"The military regime in Myanmar benefitted in its interaction with Unocal
investors, to help produce a high level of profit for the Unocal
Corporation," says Dan Stormer, a lead counselor for the plaintiffs.
Unocal fiercely denies any connections to these human-rights abuses. "We
(Unocal) do not operate in Myanmar," says Unocal Public Relations Manager
Barry Lane. "We have no subsidiaries, only investors in Myanmar."
On January 23, a California State Judge ruled the case Doe v. Unocal will
move to trial over connections between Unocal investors, parent company
Unocal and Myanmar's military regime in a "joint-venture" ruling; but, will
refuse to acknowledge an "alter-ego" charge against Unocal where abuses by
subsidies of the Unocal Corp. directly link to the control of the parent
corporation, Unocal.
"We have no connections with the government or military in Myanmar," says
Lane.
The "joint-venture" ruling presents a chance for the plaintiffs to receive
an end result after the case's initial dismissal in California State
Court--the case was eventually revived in the Ninth Circuit Court of
Appeals in San Francisco.
"The ruling today was both good and bad,"says Stormer. "The Judge decided
Unocal should have been aware of these human-rights abuses by the documents
we produced for the court."
The case's controversy requires plaintiffs in the case to be given court
pseudonyms like "Doe"and "Roe"for personal security against retribution,
like in other cases--I.E. Roe v. Wade.
Lending help in construction and protection the Ya Da Na gas pipeline from
1992 to 1996, investors in the Unocal Corporation along with French oil
firm Total, purportedly knew the Myanmar military regime committed
atrocities in securing the pipeline route through relocating local
populations.
Sandwiched between Bangladesh and India to the west, China and Thailand to
the east, Myanmar sits on the Bay of Bengal in tropical atmosphere. The
developing nation is rich in natural resources, especially petroleum, and
sustains a total population of 45 million people.
A civil rights attorney for 30 years, Dan Stormer began his career in
Washington State arguing for prisoners in the Walla Walla Penitentiary who
experienced abuses and for mistreated migrant workers. His involvement as a
lead counselor in the lawsuit connects him to his past relationships, and
Seattle University.
"I worked with Julie Shapiro at the Center for Constitutional Rights, and I
know Kellye Testy through her," says Stormer.
Julie Shapiro and Kellye Testy both teach classes at Seattle University's
Law School and are an integral part of the plaintiff's case in Doe v.
Unocal, a case that has been developing since 1996.
Shapiro journeyed with the Law School when it moved from the University of
Puget Sound, up here to Seattle University. She received her law degree
from the University of Pennsylvania and began her career in Philadelphia
filing lawsuits against the Philadelphia Police Department for misconduct
Tucked under her immense desk are boxes filled of files with papers for the
Doe v. Unocal case --- there's still plenty of room for movement.
Shapiro's cozy Seattle University office, chock full of law library
material and case files represent her passion for justice.
"A bunch of villagers, with a small number of lawyers can bring
significance to a case about what corporations can and cannot do,"says
Shapiro. "It has an element of democracy."
Testy, almost exactly opposite of Shapiro, keeps a neat arrangement of
desk, library and comfortable lounge chair in her office looking out upon
Seattle University.
Testy's direct and alert style relates to her position in lawsuit.
"I am an expert witness in the area of corporate law. The role of an expert
witness is to aid the court in understanding the subject areas in which the
expert works that is relevant to the case," says Testy.
"As a general rule, all corporations, including subsidies, enjoy limited
liability. But the law has a number of exceptions to this general rule,
including exceptions for situations where the subsidiary's separate
corporate existence is not respected by the parent corporation," says
Testy.
This exception holds true, but connections between United States
corporations who have investors abroad, can be held accountable by a unique
Act dating back over 200 years.
The Alien Tort Reform Act of 1789, originally intended to take pirates to
court for crimes committed in international waters, gives Myanmar villagers
the right to legally sue Unocal's connection with Myanmar subsidies in US
court.
"There is no way Congress would pass an Act like this today,"says Shapiro.
The Unocal Corp. gave 100 percent ($4,750) of donation through political
action committees to Republican lawmakers, including: Rep. (R-TX) Dennis
Hastert and Rep. (R-IL) Tom DeLay, according to the Center for Responsive
Politics.
Both lawmakers are faithful associates to the current Bush administration.
Initially used in the 1980s for suits against individuals, major criticisms
from the current Bush administration have not discouraged the villagers and
their lawyers. The administration publicly comments the Act as being
misused and told the liberal Ninth Circuit Court of Appeals that nothing in
the Act "suggests an intent on the part of Congress that it would furnish a
foundation for suits based on conduct occurring in other nations,"according
to David Kravets of the AP.
"The United States government actually has the power to challenge these
accusations, it just doesn't,"says Shapiro.
A precedent now set, a corporation may be taken to trial for its misconduct
abroad, and are being watched by a dynamic group of people.
"I want to stop the abuse and unimaginable harm these United States
Corporations are doing abroad to people and the environment, and oil
companies are at the front of the list," says Stormer.
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