Indonesia torture case vs Exxon Mobil revived

Reuters, by Jonathan Stempel, NEW YORK, Fri Jul 8, 2011

(Reuters) - Indonesian villagers who accused Exxon Mobil Corp's security forces of murder, torture and other atrocities have regained their right to sue the giant oil company in the United States.

A federal appeals court said on Friday that companies are not immune from liability under a 1789 U.S. law known as the Alien Tort Statute for "heinous conduct" allegedly committed by its agents in violation of human rights norms.

The 15 villagers contended in their lawsuit that family members were killed and that others were "beaten, burned, shocked with cattle prods, kicked, and subjected to other forms of brutality and cruelty" amounting to torture in Indonesia's Aceh province between 1999 and 2001, a period of civil unrest.

A divided panel of the D.C. Circuit Court of Appeals said Exxon Mobil should be forced to defend against such charges.

Given that laws in civilized nations hold corporations responsible for lesser wrongs, "it would create a bizarre anomaly to immunize corporations from liability for the conduct of their agents in lawsuits brought for shockingly egregious violations of universally recognized principles of international law," Judge Judith Rogers wrote for a 2-1 majority.

Friday's decision reversed part of a ruling by the federal district court in Washington, D.C.

It is also at odds with a landmark ruling last September by the federal appeals court in New York, raising the prospect that the U.S. Supreme Court could try to resolve the dispute.

"The ruling basically says that corporations are not above the law," said Jennifer Green, a University of Minnesota law professor and director of that school's human rights litigation clinic, who submitted a brief on the plaintiffs' behalf. "When corporations have knowledge that they are aiding and abetting human rights abuses, they can be held liable in a U.S. court."

Exxon Mobil, based in Irving, Texas, said it is reviewing Friday's decision, calling the plaintiffs' claims "baseless." Indonesia's government has also opposed the lawsuit.

"NOT ABOVE THE LAW"

The villagers sought to hold Exxon Mobil responsible for having retained soldiers from Indonesia's military as guards for a natural gas facility in Aceh, despite knowing of past human rights abuses by Indonesia's army and that the contract would lead to human rights violations against Aceh villagers.

In its ruling, the D.C. Circuit also upheld the district court dismissal of claims under a different law, the Torture Victim Protection Act.

It returned the case to that court, where a jury could decide liability and any compensatory or punitive damages.

"We have fought these baseless claims for many years," Exxon Mobil spokesman Patrick McGinn said in a statement.

"While conducting its business in Indonesia, ExxonMobil has worked for generations to improve the quality of life in Aceh through employment of local workers, provision of health services and extensive community investment. The company strongly condemns human rights violations in any form."

Agnieszka Fryszman, a lawyer for the plaintiffs, said the decision makes clear that corporations would be "as liable as anyone else" for violating international human rights norms.

DISSENT

Friday's decision puts the D.C. Circuit in agreement with the 11th U.S. Circuit Court of Appeals, which has jurisdiction in Alabama, Florida and Georgia.

It also put both courts at odds with the 2nd U.S. Circuit Court of Appeals, which said companies are not liable in U.S. courts for violating international human rights law.

That case was brought against Royal Dutch Shell Plc by the families of seven Nigerians executed by a former military government. They accused Shell of helping Nigerian authorities violently suppress protests against its oil exploration and development in the 1990s. [ID:nN04244684]

The 2nd Circuit decision applies in New York, Connecticut and Vermont.

Judge Brett Kavanaugh dissented from Friday's decision, saying it would be "quite odd" for a U.S. court to allow Alien Tort Statute claims against a corporation based on customary international law, when no international tribunals would.

He also said the ruling could harm U.S.-Indonesian relations, and perhaps damage the war on terrorism.

Kavanaugh was appointed to the bench by President George W. Bush. Rogers and Judge David Tatel, who comprised the majority, were appointed by President Bill Clinton.

Exxon shares closed up 6 cents at $82.42 on the New York Stock Exchange.

The case is John Doe VIII et al v. Exxon Mobil Corp et al, D.C. Circuit Court of Appeals, No. 09-7125.

(Reporting by Jonathan Stempel; additional reporting by Anna Driver in Houston and James Vicini in Washington, D.C.; editing by Tim Dobbyn, Andre Grenon and Matthew Lewis)

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U.S. donates patrol boats to RI national police

Antara News, Fri, June 3 2011

Jakarta (ANTARA News) - The U.S. Departments of Justice and State recently delivered two boats to the Indonesian National Police as part of the Indonesia Maritime Security Project (MARSEC), The U.S. Embassy here said in its official website on Friday.

The two boats increase to 19 the total number of boats provided to Indonesia as part of the MARSEC program. The patrol boats are deployed throughout the archipelago to assist Indonesia in securing vital maritime borders, sea lanes, natural resources, and ports.

In the first year of operation, the U.S.-provided boats seized over $10 million USD in contraband and continue to be an integral and effective component of Indonesia`s maritime security efforts.

Currently, the patrol boats are deployed in Batam-Riau, Sumatra; Bangka Island Straits, Balikpapan; Tarakan, Kalimantan; Bitung, North Sulawesi; Sorong, Papua; and Ternate-Sofia, North Maluku.

The United States Department of Justice International Criminal Investigative Training Assistance Program`s (ICITAP) mission in Indonesia is to support the development of the operational and organizational capacity and competencies of the Government of Indonesia`s law enforcement agencies.

ICITAP is funded by the U. S. Department of State`s Bureau for International Narcotics and Law Enforcement Affairs (INL) and provides organizational development interventions, technical assistance, training, and equipment donations to augment Indonesia`s law enforcement efforts.

ICITAP support helps the Indonesian National Police continue its transition to a professional democratic law enforcement organization utilizing internationally accepted law enforcement standards and practices.

Editor: Jafar M Sidik

Australia donates 3 patrol boats to RI to curb people-smuggling

The Jakarta Post, Jakarta | Wed, 03/16/2011

The Australian government will donate three patrol boats worth a total of US$5 million to Indonesia to help tackle the issue of people-smuggling through Indonesian-Australian waterways.

"The high-speed patrol boats will be placed in a number of strategic locations in Indonesia,” Australian Home Affairs Minister Brendan O'Connor said on Wednesday after meeting with Indonesian National Police chief Gen. Timur Pradopo at the National Police headquarters in Jakarta, tempointeraktif.com reported.

The three boats are currently being worked on by an Australian company in three different locations: Perth, Australia, Vietnam and Singapore.

Australia also donated $4.8 million to upgrade equipment and facilities at the Indonesian National Police's cyber crime center.

Indonesia's Sinar Mas Censured by Palm Oil Watchdog

Jakarta Globe, September 23, 2010

Sinar Mas has come under attack by Greenpeace who are campaigning against further expansion of forest industry and palm oil plantations in prime forest and peatlands that stores massive amount of carbon deposits. Palm oil industry watchdog, The Roundtable on Sustainable Palm Oil, said on its Web site its grievance panel had written to SMART and Golden Agri censuring the firms for the breaches uncovered by an audit. (AFP Photo/Romeo Gacad)

Jakarta. An industry body for sustainable palm oil has made its first public censure of a member, saying Indonesia’s Sinar Mas Agro Resources & Technology breached its principles and may face sanctions.

Sinar Mas Agro Resources & Technology, also known as SMART, last month released an independent audit after Greenpeace alleged SMART bulldozed high conservation value forests and damaged carbon-rich peatlands.

The audit gave SMART a mixed score card, highlighting some instances in which Indonesia’s environmental laws were breached.

The Roundtable on Sustainable Palm Oil, also known as RSPO, — an industry body of planters, green groups and consumers — said on its Web site its grievance panel had written to SMART and Golden Agri censuring the firms for the breaches uncovered by the audit.

SMART is a member of the RSPO but Golden Agri-Resources is not.

“In its letter to SMART and GAR, the panel finds there has been serious non-compliance with the RSPO code of conduct, specifically a failure by SMART to work towards implementation and certification of the RSPO principles and criteria,” it said.

In particular, RSPO principles on social and environmental impact assessments and peatland management have been infringed, it said.

“Members who have been found to not be in compliance and who continue to be in non-compliance with the RSPO regulations could ultimately face sanctions, including the suspension and, eventually, the termination, of their membership of the RSPO.”

The comments may be a blow to SMART’s aims to win back big palm oil buyers including Burger King, Nestle and Unilever, who have said they will stop buying from SMART because of environmental concerns.

The RSPO also urged GAR to stop publicly suggesting it was in the process of obtaining RSPO certification.

“GAR is not a member of the RSPO, nor has the RSPO yet received a membership application from the company. The Panel encourages GAR to submit a full and complete application for membership,” the statement said.

SMART said in a statement it would work toward the requirements set by the RSPO, including environmental impact assessments and conservation of deep peatlands.

Enormous amounts of climate-warming gases are released when deep peatlands are disturbed, and the deforestation of Indonesia’s extensive tropical forests led the World Bank to name it the world’s number three emitter in a 2007 report.

“We take the feedback of our stakeholders very seriously and this applies to the concerns of the RSPO, whom we are in touch with,” said Daud Dharsono, President Director of SMART.

Golden Agri referred queries to the SMART statement. SMART and Singapore-listed Golden Agri are controlled by the Widjaja family that founded Sinar Mas, a group with interests from plantations to property and finance.

Greenpeace welcomed the RSPO’s statement, saying RSPO should follow up on its reprimand by expelling SMART within four weeks if the company does not take action.

“Greenpeace is calling on other companies, like Cargill, to follow Unilever, Nestle and Kraft’s lead and cancel its palm oil contracts with Sinar Mas until it stops destroying rainforest and carbon rich peatlands,” said Greenpeace activist Bustar Maitar.

Reuters

End of deal: A Burger King franchise is seen on Sept. 2, 2010, in Los Angeles. The US hamburger chain has said it will stop buying palm oil from an Indonesian company accused of destroying rainforests. – AP/Damian Dovarganes

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Australia provides A$20 million to RI police

The Jakarta Post | Thu, 09/02/2010 9:25 AM

JAKARTA: The Australian Federal Police (AFP) has donated A$20 million (US$18 million) worth of equipment to the Indonesian border police to facilitate interception of boat people heading for Australia through Indonesian waters.

“The assistance is provided solely for the purpose of curbing people smuggling, although the technology can also be used for other police efforts,” National Police detective chief Comr. Gen. Ito Sumardi told reporters.

The assistance consists of transportation, surveillance and identification equipment. All equipment would be granted as components, which will later be assembled in Indonesia, Ito said, adding that Australia offered the assistance as a token of appreciation for Indonesia’s role in helping stem the flow of boat people illegally entering Australian territory. —JP

Police advise residents to be watchful of housemaids

The Jakarta Post, Jakarta | Mon, 05/24/2010 9:37 PM

City Police warn residents to keep an eye on newly recruited housemaids to avoid falling victim of crimes committed by alleged theft syndicates.

City Police spokesman Sr. Comr. Boy Rafli Amar said Monday hiring housemaids from licensed agencies or those recommended by their relatives are safer.

“It is also important for employers to make sure their maids have relatives or close acquaintance they can reach or contact anytime,” Boy said.

On Sunday, a resident of Cempaka Putih, Central Jakarta, lost Rp 30 million (US$3,300), a set of diamond earrings and two cellular phones from her home, all allegedly stolen by her maid, who had only been employed that day.