Burmese villagers gain major victory in
U.S. court case for human rights abuses

In a major victory for social activists, the giant multinational corporation Unocal has agreed to compensate Burmese victims of human rights abuses and provide money for programs that improve the lives of Burmese citizens.

Responding in large part to the public attention initiated by Unitarian Universalist Service Committee activists and colleague organizations, the California-based energy company Unocal agreed to settle the lawsuits brought by 15 Burmese villagers. The plaintiffs, who lived near a pipeline being constructed by Unocal, were forced to work on pipeline infrastructure by the Burmese military, and some were victims of egregious abuses that included murder, rape and torture at the hands of soldiers providing “security” for the project.

The court cases, which were vigorously opposed by United States business interests and the Bush administration, sought to hold U.S. corporations accountable for human rights abuses committed by the Burmese military for the benefit of the corporation.


The settlement of the Unocal case is a major achievement for human rights activists seeking justice for the atrocities committed during construction of Unocal's $1.2 billion natural gas pipeline across Burma. The lawsuits were filed on behalf of the 15 plaintiffs by several nongovernmental organizations, including UUSC colleague EarthRights International which is a co-counsel in the case.

In a joint statement by the plaintiffs and Unocal, the corporation “will compensate plaintiffs and provide funds enabling plaintiffs and their representatives to develop programs to improve living conditions, health care and education and protect the rights of people from the pipeline region. These initiatives will provide substantial assistance to people who may have suffered hardships in the region.” The specific monetary terms of the settlement were not made public.

The Unocal case alleged that the company knew or should have known that the Burmese army committed egregious human rights abuses while providing security for the $1.2 billion pipeline project.

The lawsuits were filed under the Alien Tort Claims Act (ATCA), which was passed by the first United States Congress in 1789 to allow foreign citizens to sue Americans in U.S. courts to hold them accountable for crimes committed abroad.

Last June, the General Assembly of the Unitarian Universalist Association overwhelmingly approved a UUSC-sponsored resolution to endorse the ATCA and express its support for the Burmese victims in their legal battle against Unocal. The GA was held in Long Beach, Calif., a short distance from Unocal's headquarters in El Segundo. Coincidentally, the vote by GA on the Action of Immediate Witness took place the day before the U.S. Supreme Court affirmed that non-U.S. citizens may sue their abusers in U.S. federal court, under the Alien Tort Claims Act (ATCA).

The claims against the giant multinational had been vigorously opposed by influential business interests and the administration of President George W. Bush, which wants to repeal, amend or otherwise dismantle the ATCA.

 

By Dick Campbell/UUSC
Posted March 29, 2005