French energy and petroleum multinational Total Energies, which is one of the largest oil companies globally is now subject of two unprecedented lawsuits under France’s Duty of Vigilance law. Filed by local plaintiffs and a coalition of civil society organizations, the cases mark the first attempt to apply this new legal framework to hold a multinational corporation accountable for violations of human rights linked to its projects abroad.

As enacted in 2017, the Duty of Vigilance law mandates French companies to establish mechanisms for preventing human rights abuses and environmental damage throughout their global operations. It is a landmark legislation that has paved the way for two key cases against Total Energies, each reflecting the adverse effects of the company’s operations in East Africa.

The Initial Struggle: 2019 Human Rights Case

The first case, which was filed in 2019 was centered on the human rights violations associated with Total Energies’ Tilenga and East African Crude Oil Pipeline (EACOP) projects. Represented by organizations such as Survie, Tasha, FOEF, Navoda, Nape, and AFIEGO, the plaintiffs alleged that the company had failed to prevent a wave of human rights abuses that occurred during the land acquisition process. The abuses included prohibition of crop cultivation before compensation was paid, offering unfair compensation rates, and pressuring landowners into signing land acquisition agreements without proper consent.

Despite the significance of the claims, this case encountered a procedural quagmire and was thus dismissed without a substantive ruling, leaving many people from the affected communities disheartened but willing to fight on.

The New Chapter: The 2023 Reparation Case

In June 2023 a new legal battle began, with 26 plaintiffs, including the key organizations that were part of the first case. This new case aims to secure reparations for the broad range of human rights violations and environmental harms linked to the EACOP and Tilenga projects. The core of the plaintiffs’ argument is that Total Energies should have foreseen the enhanced risk of the violations and taken preventive measures.

The lawsuit seeks to address several crucial issues:

Violation of property rights; in the form of unfair land acquisition practices, which include undervalued compensation and restrictions on crop cultivation.

Environmental Damage: the crop destruction arising from the floods caused by the Central Processing Facility (CPF)

Right to Food: loss of livelihoods and insufficient food support because of delays in compensation.

Harassment and Intimidation: Threats and arrests against people and organizations opposed to the projects.

The Road Ahead: Legal Proceedings and Mediation

As the case progresses, several key procedural steps have already been established to facilitate thorough evidence collection and robust representation of the plaintiffs. Some of the activities embedded in these steps include regular consultations with plaintiffs, fact findings efforts, witness statements, and power of attorney acquisition. The legal team is also actively engaging journalists, thus maintaining public awareness and support for the landmark case.

In December 2023, the judge mandated an informational meeting on mediation, aiming to examine potential resolutions outside of the court. The logic was that mediation provides a flexible and confidential avenue for reconciling differences. However, this approach also holds some risks such as potential delays, and confidentiality, which potentially inhibit public advocacy endeavors.

The Stakes and Potential Impact

A victory for the plaintiffs is likely to result in substantial financial compensation. However, on the legal level, it would establish a precedent under the Duty of Vigilance law. In its most favorable form, a ruling offers justice to the affected and signals other multinational companies on the importance of adhering to human rights and environmental standards.

On the flip side, a loss would yield significant legal costs, with the support of French civil society organizations, and potentially misses a notable opportunity to establish legal accountability for transnational human rights violations.

To Conclude;

The landmark cases against Total Energies testify to the growing power of legal frameworks such as France’s Duty of Vigilance law in squeezing accountability out of corporations for their international operations. As the case unfolds, the world is watching closely, guided by the realization that the outcomes potentially reshape the landscape of corporate social responsibility and human rights protection on a global scale.