In 1996, Myanmar nationals filed lawsuits in US federal courts and, later, in California state courts, seeking compensation from Unocal. These civil claims alleged abuse of Myanmar villagers by government troops and assigned indirect liability to Unocal, a subsidiary of which is a participant in the offshore PSC and a shareholder in MGTC, the Yadana pipeline operator. A settlement was signed between the plaintiffs and Unocal in March 2005.
In Europe, two lawsuits were filed in 2002 against Total, its Chairman and the former president of its subsidiary in Myanmar. The first was filed in Belgium on April 25, 2002 by four Myanmar refugees, who cited “complicity in crimes against humanity” under Belgium’s Universal Jurisdiction Law of June 16, 1993 relative to serious violations of international human rights.
The law was repealed by the law of August 5, 2003, which included a procedure for terminating certain proceedings that were underway. The Belgian Cour de Cassation subsequently dismissed the proceedings against Total in a ruling dated June 29, 2005. On June 21, 2006, the Belgian Cour d’Arbitrage annulled the procedure provided for by the August 5, 2003 law. However, the consequences of this decision do not affect the Cour de Cassation’s ruling, under the principle of res judicata. In a ruling dated March 28, 2007, this court confirmed that the
proceedings had been dismissed definitely
The second lawsuit was filed in France on August 26, 2002 by eight Myanmar nationals citing “complicity in unlawful confinement.” They alleged that they had been forced by the Myanmar army to provide what they deemed to be compulsory labor for the construction of the Yadana gas pipeline. Total has always maintained that the accusations made against the Company are without substance as a matter of fact and as a matter of law.
Total and the French non-governmental organization Sherpa representing the eight Myanmar nationals entered into a settlement agreement on November 29, 2005. Under the terms of the agreement, Total is creating a €5.2-million solidarity fund to compensate the eight plaintiffs as well as any other person who can demonstrate that they suffered a similar experience in the area near the pipeline construction corridor. The fund will also be used to finance humanitarian actions benefiting Myanmar refugees in the region. On March 10, 2006, Nanterre’s Tribunal de Grande Instance dismissed the case against Total.
Legal proceedings against Total in the United States and Europe have been and are supported by activist organizations that have compiled the allegations and provided legal aid to the witnesses they found. These proceedings are seen as an attempt to use the media to condemn in advance the companies alleged to be at fault, based on assertions that are exaggerated, dogmatic and unsubstantiated. It is unlikely that this practice is advancing the cause of democracy and human rights in Myanmar; on the contrary, it is seriously damaging the reputations of multinational corporations with a sustained commitment to improving the material conditions of the people actually living near their project and to defending those persons’ rights.
