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The Legacy of Lundin, Petronas and OMV in Sudan, 1997-2003

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The Legacy of Lundin, Petronas and OMV in Sudan, 1997-2003 UNPAID DEBT The Legacy of Lundin, Petronas and OMV in Sudan, 1997-2003 1 COLOPHON Research and writing: European Coalition on Oil in Sudan Translations Swedish newspapers: Bloodhound Satellite images: PRINS Engineering ISBN/EAN 9789070443160 June 2010 Contact details European Coalition on Oil in Sudan P.O. Box 19316 3501 DH Utrecht The Netherlands E-mail: [email protected] This report is the copyright of ECOS, and may be reproduced in any form without the written permission of ECOS, provided the integrity of the text remains intact and it is attributed to ECOS. This ECOS publication was supported by Fatal Transactions The European Coalition on Oil in Sudan (ECOS) is a large group of European organizations working for peace and justice in Sudan. ECOS calls for action by Governments and the business sector to ensure that Sudan’s oil wealth contributes to peace and equitable development. www.ecosonline.org Fatal Transactions is a network of European and African NGO’s and research institutes. Fatal Transactions believes that if natural resources are exploited in a responsible way, they can be an engine for peace-building and contribute to the sustainable development of the country. www.fataltransactions.org Fatal Transactions is funded by the European Union. The contents of this report can in no way be taken to reflect the views of either the European Union or the individual members of Fatal Transactions. Disclaimer The European Coalition on Oil in Sudan can express views and opinions that fall within its mandate, but without seeking the formal consent of its membership. The contents of this report can therefore not be fully attributed to each individual member of ECOS. 2 WHY THIS REPORT In November 2006, a group of Sudanese civil society organisations attending the conference ‘Oil and the Future of Sudan in Juba’ called upon European Coalition on Oil in Sudan to assist in safeguarding Sudan’s Comprehensive Peace Agreement by working for compensation and reparation for the injustices caused by Sudan’s oil wars. This report is a response to that request. Being a coalition of European organizations, ECOS’ role is not primarily to hold Sudanese players to account, but to investigate the role of European parties. For this reason, ECOS decided to concentrate on Block 5A, a concession area that, until 2003, was operated by a European company and where two European companies, Lundin and OMV, together held a majority share. On November 11, 2008, an advance draft copy of this report was forwarded to Lundin Petroleum AB (“Lundin”), Petronas Carigali Overseas Sdn Bhd (“Petronas”) , OMV AG (“OMV”) and the Swedish Ministry of Foreign Affairs for comments. Lundin responded by stating that it considers the report to be defamatory and it reserved the right to claim damages if it were to be published. Lundin disputes the accuracy of the report, its conclusions and the interpretation of international law set out in the report. Lundin denies that it violated international law. It further denies that it was directly or indirectly involved in the conflict in Sudan or that it participated in or had, or ought to have had, knowledge of any of the illegal acts that are documented in this report. Lundin provided comments on the report to ECOS, which have been considered in detail and have been taken into account in UNPAID DEBT. Lundin copied Petronas and OMV into its correspondence with ECOS. These companies did not communicate directly with ECOS and have not formally commented on the report. The Swedish Ministry of Foreign Affairs received a delegation from ECOS in 2008, but declined to comment on a non-published document. 3 CONTENTS SUMMARY ............................................................................................................................................................................. 5 IN BRIEF ............................................................................................................................................................................... 7 1. LAND AND PEOPLE ........................................................................................................................................................ 12 2. OIL AND SUDAN’S CIVIL WAR ....................................................................................................................................... 14 2.1 Overview ................................................................................................................................................................ 14 2.2 Sudan’s second civil war ......................................................................................................................................... 16 “WE CANNOT GO BACK, A COMPANY IS THERE” ........................................................................................................... 19 3. WAR IN BLOCK 5A .......................................................................................................................................................... 20 3.1 The commencement of oil exploitation by the Lundin Consortium sparks war in Block 5A: 1997–1999 ................... 23 3.2 Oil is discovered amidst intense violence: 2000 – 2001............................................................................................ 30 3.3 A Military Solution: 2002–2003 .............................................................................................................................. 35 “WE AS A COMMUNITY ARE CRYING AND NOBODY IS HEARING US” .......................................................................... 41 4. THE DAMAGES ............................................................................................................................................................... 43 4.1 Forced displacement ............................................................................................................................................... 43 4.2 Changes in farming activity 1994-2003 indicate massive displacement in Block 5A ................................................. 45 4.3 Deaths .................................................................................................................................................................... 46 4.4 Destruction of dwellings ......................................................................................................................................... 47 4.5 Destruction of livelihood ......................................................................................................................................... 48 4.6 Looting and destruction of cattle ............................................................................................................................. 48 “WE ARE TRYING TO CLAIM FOR COMPENSATION BUT NO ONE IS RESPONDING” .................................................. 50 5. COMPENSATION............................................................................................................................................................. 52 5.1 The constitutional right to compensation ................................................................................................................. 52 5.2 Interpretation of the Interim National Constitution, article 208 (5) ........................................................................... 53 5.3 Basic principles for the provision of compensation .................................................................................................. 54 5.4 The way forward ..................................................................................................................................................... 54 6. THE LUNDIN CONSORTIUM’S ACCOUNTABILITY FOR INTERNATIONAL CRIMES ................................................... 56 6.1 Corporate accountability under international law ..................................................................................................... 56 6.2 The Lundin Consortium’s activities enabled the commission of international crimes by others ................................. 58 6.3 The Lundin Consortium should have known that its activities contributed to the commission of international crimes by others ........................................................................................................................................................................... 63 6.4 The Lundin Consortium was proximate to perpetrators of international crimes ......................................................... 66 6.5 The Lundin Consortium failed to act ....................................................................................................................... 67 ANNEX 1: GLOSSARY.......................................................................................................................................................... 70 ANNEX 2: WARRING FORCES ............................................................................................................................................ 71 ANNEX 3: LIST OF REPORTED ATTACKS IN BLOCK 5A, 1997-2003 ................................................................................ 73 ANNEX 4: ECOS BUSINESS PRINCIPLES ........................................................................................................................... 77 ANNEX 5: EXPLANATION OF THE SATELLITE IMAGES ................................................................................................... 78 BIBLIOGRAPHY .................................................................................................................................................................
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