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Vol. 8, Issue #12 12 Feb. 04 Local Activists Fight Unocal Abroad 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. --Kai Sandvig Biofuel at Journey to Forever: http://journeytoforever.org/biofuel.html Biofuels list archives: http://archive.nnytech.net/index.php?list=biofuel Please do NOT send Unsubscribe messages to the list address. 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