Tag Archives: democracy

The Kioble case is dismissed in the Supreme Court

In a unanimous ruling this past Wednesday, the U.S. Supreme Court dismissed the Kiobel case against Shell in Nigeria. The Kiobel case was filed by Esther Kiobel, the wife of a former activist, and alleges that Shell collaborated with the Abacha regime to violently suppress oil reform activities in the 1990’s.  The case brings claims for extrajudicial killing, torture, crimes against humanity, and prolonged arbitrary arrest and detention.

CorpsWatch argues that the ruling effectively blocks other lawsuits against foreign multinationals for human rights abuse that have occurred overseas from being brought in U.S. courts. Kiobel v. Royal Dutch Petroleum Co. (Shell) was brought under the Alien Tort Statute (ATS), a U.S. law dating back to 1789, originally designed to combat piracy on the high seas – that has been used during the last 30 years as a vehicle to bring international law violations cases to U.S. federal courts.

Lawyers began using ATS as a tool in human rights litigation in 1979, when the family of 17-year-old Joel Filartiga, who was tortured and killed in Paraguay, sued the Paraguayan police chief responsible. Filartiga v. Peña-Irala set a precedent for U.S. federal courts to punish non-U.S. citizens for acts committed outside the U.S. that violate international law or treaties to which the U.S. is a party. Almost 100 cases of international (often state-sanctioned) torture, rape and murder have been brought to U.S. federal courts to date under the ATS. The new ruling limits the law to U.S citizens and entities.

“Corporations are often present in many countries and it would reach too far to say mere corporate presence suffices,” wrote John Roberts, the chief justice of the Supreme Court, in the majority opinion. “There is no indication that the ATS was passed to make the United States a uniquely hospitable forum for the enforcement of international norms.” Stephen Breyer, another of the nine judges, agreed with Roberts in the decision but left the door open for some lawsuits. “I would find jurisdiction under this statute where (1) the alleged tort occurs on American soil, (2) the defendant is an American national, or (3) the defendant’s conduct substantially  and adversely affects an important American national interest,” wrote Breyer in a separate legal opinion. “(T)hat includes a distinct interest in preventing the United States from becoming a safe harbor (free of civil as well as criminal liability) for a torturer or other common enemy of mankind.” Shell – in Breyer’s opinion – did not qualify as a U.S. entity. “The defendants are two foreign corporations. Their shares, like those of many foreign corporations, are traded on the New York Stock Exchange,” Breyer wrote. “Their only presence in the United States consists of an office in New York City (actually owned by a separate but affiliated company) that helps to explain their business to potential investors.”

Other such cases have been filed against Chiquita and Halliburton. Chiquita was sued by surviving victims of brutal massacres waged by right-wing paramilitary squads in Colombia. The paramilitary, who killed thousands of civilians during Colombia’s dirty war of the 1980s and 1990s, were on Chiquita’s payroll in the 1990s. Now-U.S. Attorney General Eric Holder defended Chiquita in the case and won a plea bargain for them of $25 million and five years of probation. Kellogg, Brown and Root, a former subsidiary of Halliburton, has also been sued under the ATS for allegedly trafficking 13 men from Nepal to Iraq against their will to work on U.S. military bases. The men, 12 of whom were killed, believed they were going to work at hotels in Jordan and elsewhere.

The Obama administration backed Shell last June after abruptly changing sides. In its submission the Justice Department urged the Supreme Court to dismiss the suit against Shell. The brief’s authors stated that the ATS was not appropriate for Kiobel or other lawsuits involving foreign corporations accused of collaborating in human rights abuses with a foreign government outside U.S. territory. U.S. courts “should not create a cause of action that challenges the actions of a foreign sovereign in its own territory, where the [sued party] is a foreign corporation of a third country that allegedly aided and abetted the foreign sovereign’s conduct,” the Justice Department wrote.

Many activists say that the decision will set back human rights causes. “This decision so severely limited a law that has for decades been a beacon of hope for victims of gross human rights violations,” says Elisa Massimino, president of Human Rights First, a New York based NGO. “Abusers may be rejoicing today, but this is a major setback for their victims, who often look to the United States for justice when all else fails.  Now what will they do?” However, other lawyers drew a measure of hope from the fact that the Supreme Court decision did not exclude all lawsuits against multinationals overseas in U.S. courts.

 

Military Recruitment, Casualties, and Public Opinion

Mobilizing Ideas

International Studies Quarterly just published Yagil Levy‘s most recent work on the reshaping of military conflict due to democracy, technology, and now protest.  I have posted elsewhere about his work on casualty aversion due to the intersection of democracy and technology (and also on related work by Jonathan Caverley).  This piece, titled “How Military Recruitment Affects Collective Action and its Outcomes” [gated] explores the impact of military recruitment on a public’s willingness to “absorb” casualties among its soldiers during military conflict.  In other words, Levy wants to know the extent to which recruitment impacts the collective action opportunities of those who would (de)mobilize public opinion in democracies regarding casualties, and thereby support for the war.

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Remarks on social services in the Niger Delta

A newborn in the Niger Delta

A newborn in the Niger Delta

 

An NGO researcher just conducted an interview with me regarding the state of service delivery, i.e. social and government services, in the Niger Delta. Below are a few of the transcribed questions and answers.

 

1. How would you describe the current state of service delivery[1] for most communities in the Niger Delta? 

Service delivery is non-existent in most areas, and sporadic or haphazard in the remaining ones.  I think that part of the reason communities so often look to oil companies to offer social services and build basic infrastructure is that the state has been so wholly unable to do any of these things since independence.  It is as if communities have given up on their own government ever acting as a government should, which requires providing basic services to its population. As is common in countries with rampant corruption, projects often begin but then are abandoned because funds disappeared or there was a change in management of that project. In the Niger Delta there are half-finished bridges, classrooms without roofs, and empty hospitals that don’t even have electricity. Additionally, a lack of human capital and maintenance of services mean that as soon as any project is finished, it will only be a matter of time until it is useless because no one can perform maintenance.  It seems that almost as soon as a road is finished, poor construction materials mean that it needs to be fixed again but there is mechanism in which to have that road repaired. This lack of maintenance is an issue that only capacity-building can address.

2. Whose responsibility do you believe it is to improve service delivery in the region, e.g. government agencies like MNDA or the NDDC, or oil companies operating in the region?

It is responsibility of government agencies to improve social services.  The basis of democracy is that citizens pay taxes to their government, vote for their leaders, and then those leaders use those taxes in a responsible manner to provide necessary collective goods that improve everyone’s lives.  Because the Nigerian government can rely on oil profits rather than taxes, and corruption makes elections less meaningful, there is no accountability of state actors towards the citizenry. Part of this government duty is to monitor the behavior of private economic actors like oil companies. Although I believe staunchly in corporate responsibility, it is impossible for a corporation to fully monitor itself; by definition monitoring must come from an outside party, like a government agency.

3. What impact do you think the current state of service delivery has on peace and conflict in the Niger Delta region? 

Lack of service delivery has increased rates of poverty and negatively impacted quality of life, which gives people “nothing to lose” when it comes to engaging in violence.  It also creates a dynamic in which too many people are competing for scant social services and resources, leading to increased tensions. Poverty and lack of services drives rural dwellers into cities like Port Harcourt and Yenagoa, where they may come into conflict with residents already living there, be forced into crime out of necessity, and and don’t have kinship or community networks that would otherwise mitigate their propensity for violence.

 4. Do you think that improved service delivery would increase security in the region?

Yes. Mostly obviously, it would remove violence caused by need, in other words, conflicts over obtaining basic goods.  Additionally, it would remove the incentive for rural Nigerians to move to new areas in search of such services, thus minimizing the conflict that occurs among internally displaces populations and between new urban dwellers and older ones.


[1] “Service delivery” means the quality and availability of essential services, such as health care, primary education,  and basic infrastructure such as reliable access to water, electricity, and road networks.

Reports | National Reports | Africa | Nigeria | Human Development Reports (HDR) | United Nations Development Programme (UNDP)

Reports | National Reports | Africa | Nigeria | Human Development Reports (HDR) | United Nations Development Programme (UNDP).

The Economist’s Take on Recent Reforms in West Africa

Bye-bye Big Men

Governance in much of Africa is visibly improving, though progress is uneven

Infrastructure meets tradition

LEAVING THE IVORIAN commercial capital, Abidjan, at 7am, you run straight into what is known as the civil-servant rush hour. The president has decreed that administrators must be at their desks by 7.30am, and most are. A Western ambassador says disbelievingly, “If you are five minutes late for a meeting, you have missed the first five minutes.” Having travelled to the office on elevated dual carriageways, civil servants leap into lifts and ride up to their desks on the upper floors of modern glass towers. Some sneakily keep an iPad or some other electronic gadget with which to while away the time.

Governance in Côte d’Ivoire is rarely as good as it looks. Bribes still solve problems faster than meetings. The opposition spitefully boycotted the most recent elections. Deep cleavages run across the political landscape. And yet the national accounts are in order, debts are coming down and new roads are being built. This is the picture in much of Africa. The allocation of power is becoming fairer and its use more competent, as in Ghana, though there is much more to do, especially in resource-rich nations like Nigeria.

African governments are beginning to accept the importance of good governance, not least for improving the lot of the poor. Rulers travelling on presidential planes strut their stuff at the World Economic Forum in Davos and declare their undying interest in “capacity-building”. Behind the jargon a remarkable change is taking place. The default means of allocating power in Africa now is to hold elections, and elections are generally becoming fairer. Sceptics rightly bemoan voter fraud and intimidation, and plenty of polls are still stolen. But the margins of victory that autocrats dare to award themselves are shrinking. Indeed, quite a few have discovered, in forced retirement, that by allowing notional democracy they have started something they cannot stop.

Until 1991 it was almost unknown for a ruling party to be peacefully ousted at the polls. Since Benin ticked up a first in that year it has happened almost three dozen times. In many countries such an event cements tentative gains, as it did in Ghana in 1992 and again in 2000. Crossing the border from Côte d’Ivoire into Ghana, the visitor immediately becomes aware that democratic expression here is unrestrained. An election is under way and supporters of the ruling party and the opposition cheerfully line one side of the road each, holding megaphones and waving banners. Opinion polls put the two main parties neck-and-neck even though the present government has achieved impressive economic growth: GDP increased by 14% in 2011.

After a few hours on the road, just past the city of Takoradi, the country’s economic turbo-charger comes into view. Pipelines run along the road and diggers make huge holes for storage tanks. A vast oilfield has been found nearby, but celebrations were muted. Ghanaians know that a resource bonanza can be dangerous and politicians may get greedy, so administrators are now being trained in handling a large influx of oil revenues. At a leafy campus with neatly trimmed grass on the outskirts of Accra, the capital, they learn about transparency, accountability and the intricacies of transfer pricing.

This stuff matters. Some of the biggest obstacles to better governance are not murderous tyrants but a lack of bureaucratic competence and a divided opposition. Ageing autocrats die eventually, but bad habits will not go away of their own accord. Robert Mugabe, Zimbabwe’s dictator, now aged 89, could be deposed if rivals, with whom he has been forced to share power since the most recent election, were better at their jobs. Still, in neighbouring Zambia opposition politicians outmanoeuvred a tired government in 2011 and took office.

Luckily, competence is on the rise in Africa. White elephants are still being created, but are now generally designed to serve larger and more inclusive groups of people. South Africa’s football stadiums built for the 2010 World Cup (pictured) are in that category, as are many new dams and airports.

Politicians and officials are learning new skills to run such projects. It is hard to quantify the change, but traipsing in and out of ministries across the continent builds up a measure of confidence. There are plenty of shortcomings and allegations of corruption, but in a fair number of African countries the bureaucracies are not far behind standards in, say, India.

Transport management in particular has become much better. A bus ride from Accra across three African borders in one day is instructive. Departing at sunrise, the 15-seater easily crosses into Togo where it passes well-run port installations and warehouses. An hour later it arrives in Benin. The driver ignores the outstretched hands of traffic policemen. After a few more hours the bus reaches Nigeria amid throngs of packed lorries on their way to Onitsha, Africa’s largest market. Most of the bus passengers are professionals, including several telecoms engineers who commute weekly. All four countries have sensible transit policies and trade actively with each other.

White elephants are still being created, but now generally for larger and more inclusive groups of people

What has brought about this change? Across Africa both voters and leaders are better educated than they were even half a generation ago. Many of those in power are the first in their families with a university degree. Standards of political debate have risen thanks to better schools, modern media and the return of diaspora members who bring new ideas with them.

One lesson in particular seems to have sunk in: the need for solid and durable institutions. In the past, good practice all too often lapsed quickly after a change of incumbent. Foreign advisers ram home the need for institution-building. “Everyone is nagging us about it, from TB to Mo,” says an Oxford-educated official, referring to Tony Blair, a former British prime minister who now runs an African governance initiative, and Mo Ibrahim, an Anglo-Sudanese telecoms billionaire who awards prizes for political leadership.

Size matters here. Benin is nicely democratic—it has more political parties than cities—but with a mere 9m people it carries little weight. Nigeria, on the other hand, has 160m, so along with Kenya and South Africa it sets the tone in regional meetings and institutions—and it still struggles to get things right. When the parliament’s speaker needed a bit of extra cash before leaving office in 2011 (on top of more than $1m a year he got in pay and expenses) he gave himself a $65m government loan. He was charged but later acquitted.

Nigeria is famous for corruption, yet at issue is more than thievery. Members of the elite systematically loot state coffers, then subvert the electoral system to protect themselves. Everybody knows it, and a few straight arrows in the government talk about it openly. Perhaps half the substantial (but misreported) oil revenues of Africa’s biggest oil producer go missing. Moderate estimates suggest that at least $4 billion-8 billion is stolen every year, money that could pay for schools and hospitals. One official reckons the country has lost more than $380 billion since independence in 1960. Yet not a single politician has been imprisoned for graft. The day that Nigeria works properly, the battle for Africa’s future will have been won.

One step at a time

Such an outcome is not inconceivable. Take Lagos, the commercial capital, long a byword for chaos and skulduggery. The bus from Accra inches forward on an eight-lane bridge in dense traffic. The last 30 miles take longer than the previous 300. The city is choking. Roads jam up daily. Commuters sometimes sleep in their cars. Businessmen schedule at most two out-of-office meetings a day. Built on a swamp by the Atlantic, Lagos spreads out unplanned. Two out of three residents live in wooden slums. Already home to 20m people, the city is expected to double in size within a generation. When most of the public infrastructure was built in the 1970s, the population was perhaps 2m.

But help is on the way. The governor of Lagos, Babatunde Fashola, has begun an impressive campaign to clean up the city. Yaba bus station, where the bus eventually arrives at 9pm, used to be full of pickpockets and rowdy vendors. Now there is an orderly queue for taxis. The Chinese are building a vast urban rail network. Public buses have been assigned separate lanes. When the governor heard they were being used by unauthorised vehicles, he strode out one morning and made a citizen arrest of a stunned colonel.

The governor is playing to the crowd, but why not? The transformation of Lagos is worth trumpeting. Its economy is now bigger than the whole of Kenya’s. Tax revenue has increased from $4m to $97m a month in little more than a decade. Tax rates have stayed the same but the amounts being collected have risen dramatically thanks to the deployment of private tax “farmers” who get a commission.

Better governance is creeping beyond the metropolis. When your correspondent e-mails the governor of Ekiti state in impoverished central Nigeria he gets a reply within minutes, with the entire cabinet copied in and being told to assist with a visit. After a six-hour drive north, seven interviews across the capital, Ado Ekiti, are arranged in the space of a few hours. Cabinet members are mostly foreign-educated and highly motivated and have private-sector experience. A new employment agency sends out job advertisements by text message. All secondary-school pupils are getting free laptops with solar panels. All civil servants, including teachers, are tested annually; those who fail stand to lose their job.

To be sure, this sort of governance is still the exception. A visit to the capital, Abuja, another six-hour drive north flanked by red earth dotted with filthy shacks, is sobering. The seat of government moved here two decades ago to escape swampy Lagos; now it is as chaotic as the former capital. A programme to subsidise fuel alone cost the government $6.8 billion in theft in three years (on top of the billions wasted on the market-distorting subsidy itself). Shady deals between officials and oil companies have swallowed an estimated $29 billion in the past decade. Yet more than half of all Nigerians live on less than $1 per day and get almost no electricity because the grid has collapsed.

Still, even Abuja is not without hope. Inside gleaming ministerial palaces dotted along new ring roads a band of reformers is at work. They are in a minority, but seemingly fearless. The central-bank governor has started cleaning up the financial sector. The finance minister, Ngozi Okonjo-Iweala (who recently published a memoir entitled “Reforming the Unreformable”), is reducing fuel subsidies and thus the scope for theft. A special task force in the president’s office is privatizing electricity assets. The reformers have encountered strong opposition, as much from an understandably suspicious public as from the wily crooks who stand to lose out. The good guys are winning, but it will be a long time before they triumph.

Democracy Now’s Video on Kiobel

Along with same-sex marriage and affirmative action, the Supreme Court will re-examine the issue of the Alien Tort Statute (ATS) as means for foreigners to sue American corporation in U.S. courts. The new 8-month session began this week and the Kiobel case remains on the docket, in which 12 Niger Deltan petitioners are suing Royal Dutch Shell Petroleum. This case has been discussed in previous posts here.

2012 APSA Africa Workshop

Although the deadline for applications has passed, APSA will have its Africa Workshop at the University of Botswana, July 15-27, 2012.  The theme is “Local Communities and the State in Africa.” The workshop is targeted principally at university and college political science faculty residing in Africa, who have completed their Ph.D. and are in the early stages of their academic career. Up to 22 Africa-based fellows will be selected. Four advanced Ph.D. students residing in the United States will also be accepted. See: 2012 APSA Africa Workshop.

Daily bread v. liberty

A long-standing (but perhaps unnecessary) debate in the field of human rights is that of economic security versus political freedom. States that stress collectivism such as China and some Islamic states, argue on the global stage that without financial security, political freedom is meaningless. They see sound economic conditions as a precondition for the enjoyment of political freedom. What good is the vote if the people have no shoes in which to walk to polling stations? Conversely, advocates of the latter argue that individuals can use free speech and their own autonomy to create the conditions that lead to economic prosperity for themselves and society as a whole. This notion is highly compatible with laissez-faire free markets and cultures of self-sufficiency, e.g. Western European countries and the U.S. It is far better that some people walk barefoot to polling stations on voting day than not have a voting day at all.

Although my interview subjects in rural Nigeria have not heard of this debate, they struggle with it all the same, just framing it in different terms. I asked them a series of questions about how the oppressive military rule of the 1990s, namely that under General Sani Abacha, compares to today’s democratic administration, albeit a less-than-flourishing one. It was in the 1990s that many of the most notorious human rights abuses were committed in Nigeria, and Ogonis in particular suffered some of the worst. During this decade Nigerian dissidents were killed, tortured, disappeared by state agents, women were raped as a means of asserting political power, and there was virtually no free speech. Today, endemic corruption debilitates government and for the majority of citizens, Nigeria continues to be a really…unfair place to live. However, political freedom is vastly improved from what it was 15-20 years ago. Surely Nigeria must be a better place for Niger Deltans now than it was then, right?

From the perspective of most of my respondents, it isn’t. All but three of my interview subjects said that either there is no change at all now from how the government was under military rule, or even more surprisingly, almost half of them told me that things were better in the 1990s. There are several explanations for this. They may have wanted to make their current conditions seem as dire as possible because they hoped for money after the interview, or because they viewed me as representative of some Western power that could help them. Some research indicates that people tend to remember the “good ol’ days” while their current difficulties seem more salient. For my middle-aged research subjects, they may not have had the adult responsibilities or political consciousness to view the state in the same way then that they do currently. For example, a 20-year-old may not think about the importance of fair taxation in the way that that same 40-year-old supporting a family later on thinks about it.

Of those who told me that life was better in the 1990s, there were two types of answers. One smaller group said that society was less chaotic then and the public sphere was more orderly. The strong arm of Abacha ensured that petty thievery was minimized and that economic transactions were regulated. Women described markets where they sold goods as being more organized and predictable. They said they could plan out their family diets better because they knew how much goods would cost in coming weeks and months.

A more common answer though was simply that things were cheaper in 1990s relative to their income. That’s it. The women I talked to wanted food, medicine, clothing, and housing to be affordable. They viewed inflation and unstable prices today as infringing on their well-being more than the threat of village pogroms and extrajudicial killings of family members. They care about fair elections far less than they care about the availability of zinc roofing. They care about the number of independent media sources far less than the amount of cassava their naira can buy. Although I think their responses are a reflection of political marginalization of Nigerian women and the widespread notion that politics are a male realm, they also indicate that their current economic conditions are so precarious that they are willing to living under tyranny to be able to purchase more than a day’s worth of food at a time.

I haven’t done the background reading on this finding yet, and I am sure other research out there has found the same in the global south. It makes me wonder how vastly different human rights deliberations at the EU would be if they weren’t dominated by rich men and had a few rural African women present.

Related articles

Women roasting cassava for gari.

Kiobel v. Royal Dutch Petroleum

On Tuesday, the U.S. Supreme Court will hear a case coming from Ogoniland in the Niger Delta. Ogoniland is the birth place of Ken Saro-Wiwa, the epicenter of the anti-oil movement in the 1990s, and the most polluted area in Nigeria.  Nineteen plaintiffs have brought Kiobel v. Royal Dutch Petroleum under the 1789 Alien Tort Claims Act/Alien Tort Statute (ATS). It was originally intended to show the international community that the U.S. government would enforce and provide remedies for violations of international customary laws. Although ignored for almost 200 years, it was revived in that Filartiga v. Pena-Irala (1980) case that found a Paraguayan former Police Chief guilty of torturing a Paraguayan political dissident four years earlier in Asunción.  A non-American petitioner challenging a non-American respondent for a crime committed outside of the U.S., on the grounds that the crime was a violation of international law, won in an American court—quite a precedent.  Since then, more than 120 lawsuits have been filed in federal courts against 59 corporations for alleged wrongful acts in 60 foreign countries, almost all for “aiding and abetting” foreign governments. ATS has been utilized against multinational oil companies operating in Burma and Sudan. In a Nigerian case, jurors in Boweto v. Chevron (2008) found Chevron not guilty of knowingly assisting soldiers in human rights abuses committed in January of 1999. In Wiwa v. Royal Dutch Shell, Shell settled out of court for $15 million. Aside from some settlements, the ATS has not been particularly successful at bringing convictions against MNCs operating in the global south, but many human rights activists in the legal field still hold hope that it can.

For the Kiobel case, the question is less about whether Nigerians can bring a case against non-Americans for the torture and extrajudicial killings that occurred in their community, but whether or not they can bring the case against a corporation. Does international law recognize corporate responsibility? The 2nd Circuit of Appeals found that it does not, with the majority writing, “Corporate liability is not discernible” because “no corporation has ever been subject to any form of liability (whether civil or criminal) under the customary international law of human rights.” In other words, the behemoth rise of the multi-national corporation has outpaced international law’s ability to regulate it.

Dutch Shell’s counsel will rely heavily on the argument that there is no precedence for corporate criminal liability under ATS. However, those who believe corporations can be held criminally liable under international customary law point to post-WWII jurisprudence. The Allies, under the authority of international law, dissolved several German corporations that had produced goods and invested money in support of Hitler’s war efforts.  The most famous was I.G. Farben, the manufacturer of poison gases, drugs, and oil used in the Holocaust. The Ogonis’ case will largely depend on whether their lawyers can successfully equate Nazi-supporting German corporations with contemporary oil companies operating in Nigeria.

Even if Dutch Shell is successful in this argument, it may not necessarily be the end of the road for the Ogonis. Law is an inherently discursive space that changes form little-by-little as its parameters and content are constantly renegotiated.  Although he wrote it in last year’s decision dismissing a case against Firestone for children’s rights violation in Liberia, Judge Posner wrote, “Suppose no corporation had ever been punished for violating customary international law. There is always a first time for litigation to enforce a norm; there has to be. There were no multinational prosecutions for aggression and crimes against humanity before the Nuremberg Tribunal was created.” Although law is inherently conservative, and gathers much of its power from being so, it is not immutable.

The Ogonis counsel could cite the 2010 Citizens United ruling that corporations’ personhood give them free speech protections. The Supreme Court found that the framers of the Constitution intended the First Amendment to apply to corporate persons. It requires impressive creativity to argue that corporations are “people” deserving of constitutional protections but not “people” liable for crimes against humanity prohibited by a statute passed in the decade following ratification of the Constitution, unless one emphasizes that Citizens United was unrelated to international law.

John Bellinger, former legal advisor to the State Department, supports curbing the ATS.  He finds that its original intent to allow foreign nationals to sue in federal courts for violations of international law was only to reduce diplomatic frictions for the nascent United States. However, since international law does not allow courts of one country to exercise jurisdiction in civil cases over offenses in other countries, foreign governments have filed more than 20 protests with the State Department and federal courts in Alien Tort Statute suits over the past decade. Paradoxically, its modern application is creating the very diplomatic tensions that it was meant to prevent. For Bellinger, the major concern over ATS is reciprocity. The U.S. government would certainly be opposed to foreign courts hearing cases against American corporations for violations of international law. Reuters points out that such litigation is time-consuming, expensive, and complicated.

My prediction: The United States, well-known for its exceptionalism, is often behind other developed countries in marrying itself to international human rights law. It waited almost thirty years to ratify the Convention on the Elimination of All Forms of Racial Discrimination.  It is the only developed nation left that has not ratified the Convention on the Rights of the Child not the Convention on the Elimination of All Forms of Discrimination Against Women, and it will probably never ratify the Covenant on Economic, Social, and Cultural Rights. Even under intense international pressure, the U.S. privileges its sovereignty over international human rights law, which means there is very little chance that an American court would indulge an international law-based ATS claim against a corporation without even an international tribunal doing so first.

PDP Candidate is the New Governor of Bayelsa State

Yes, the People’s Democratic Party (PDP) candidate in Bayelsa, Henry Seriake Dickson, won over 90 percent of votes in Saturday’s gubernatorial election, according to the Independent National Electoral Commission. The previous governor, Timipre Sylva, was barred from running again for allegedly threatening the President.

Timipre Sylva

Reuters reported that at least one person was killed and several injured at a pre-election rally on Tuesday and turnout during Saturday’s ballot was low due to security concerns. The state deployed around 15,000 police to deter any potential unrest. Around 800 people were killed after last year’s presidential election in three days of violence between rival supporters and in clashes between Christian and Muslim gangs.

Some opposition parties refused to accept the result, saying there were irregularities, including ballot box snatching, multiple voting and harassment of party officials. Such accusations follow most Nigerians elections so they are not surprising.

This election matters for three reasons.  First, the federal government doles out oil revenues to states, and then states are supposed to in turn distribute funds to localities.  However, localities rarely receive the sums allotted to them because of state-level graft, so governors are key players in determining the degree of corruption in Nigeria. Second, Bayelsa is considered to be the hub of militant activity so the strength of leadership there has a resounding impact on the Niger Delta crisis and foreign companies’ comfort in investing in Nigeria.  Third, having a PDP governor in office in his home state undergirds Jonathan’s presidency, as he was elected in large part because of professed ability to coordinate easily  with state politicians there to handle security more effectively.

Henry Dickson is the new Bayelsa State Governor.