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Activity report 2017

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Protecting and defending victims of economic crimes Activity report 2017

www.asso-sherpa.org

_ _ 2 A word from the President William Bourdon 6 Editorial by the Director Sandra Cossart 7

Globalisation 8 and human rights s

Advocacy Corporate liability of parent companies for their subsidiaries and subcontractors FOCUS 9 Combating businesses’ new strategies 13 The concept of corporation and tools for victims’ reparation 15 Networks and Forums 16

Litigation 17 Multinationals role in armed conflicts FOCUS 20 Violations of workers’ rights throughout the supply chain 23 Environmental damages The fight against 24 illicit financial flows s

Advocacy Combating illicit financial flows in the natural resources sector 25 Changing practices in economic and financial crime 26 Misappropriation of public funds, bribery and money laundering 27

Litigation Corruption and money laundering 28 Ill-gotten gains 30

Communication 32 and publications s

Published by Association Sherpa, Sherpa in the media 33 94 rue Saint-Lazare, 75009 Paris Interventions and publications 34 [email protected] Team 36 +331 42 21 33 25 Budget 38 SHERPA ACTIVITY REPORT 2017

A word from Editorial by the President, the Director William Bourdon Sandra Cossart

2017 was a unique year for Sherpa, crowning with 2017 was an extremely intense year for Sherpa success several years of work. and its team! We have worked tirelessly, undaunted by the scale of the task and the legal attacks we faced, Not only has the work accomplished by the entire team to create legal rights that can secure a fairer form enabled us to consolidate our achievements, but it also of globalisation. allowed us to improve our arsenal of expertise and our visibility both in France and abroad. Above all, 2017 We have witnessed, on a daily basis, the accuracy was a year of profound change and restructuration. of the observation made when the association was Sandra Cossart has been the helm of Sherpa since the created 17 years ago: law is not adapted to economic end of 2017. It is with great confidence that I, as the reality. Multinational companies, some more powerful founder of Sherpa, express to her, as well as the entire than States, are today capable of undermining the Nowadays, the teaching of law is, to a large extent, team, my conviction that the small NGO growing sovereignty of those States and impeding both more concerned with churning out compliance consistently over the years will pursue its expansion national and international standards engaging their managers or masters of tax optimisation in the service and development tirelessly. responsibility. These new Leviathans of the economy of an economy running out of steam and resources, only exist because of the disengagement of nation than fostering innovative forces needed to think And then there have been new recruitments, new states and the benevolence or even complicity of differently about the law. It is this kind of change associates and I know how dedicated and willing they the public authorities. They promote soft law, praise Sherpa seeks to impulse, by embodying this "other" are to fly our colours. Finally, I am signing, for the self-regulation, and adhere to non-binding principles side of law. The current structure of the world economy first time, this editorial as founding President: I wish to only not to be held accountable for their violations. and its legal framework are not inevitable, and the pay tribute to Franceline Lepany, who was appointed Solely true constraints can provide an efficient law must take into account the major social issues and President of Sherpa in 2017 and who, with dedication, framework for countering violations of human allow for a change of paradigm. In this perspective generosity and concern for others, will now support and environmental rights. of change, my vision is that Sherpa must be based on and lead the work of Sherpa’s teams. a laboratory of law carrying out R&D on strategic Without giving up on strengthening the strategic litigation that in turn feeds political advocacy and The year 2017 also witnessed a spectacular acceleration role that the state must play, we have tried to promote exposes in practice the shortcomings of the law. of the proceedings that Sherpa initiated against standards in those areas currently deserted by hard- Lafarge and the twists and turns of the judicial law. We endeavoured to fill up this void, always Faced with economic players relocating parts of investigation entrusted to three examining magistrates I created Sherpa over fifteen years ago and I will seeking to convey our vision of law as a tool to serve their value chains at will in response to constraints in Paris who are regularly at the heart of the news. continue - as everyone knows - to the best of my ability the common good. Our unwavering commitment, and opportunities, we will continue obstinately to Other lawsuits were also initiated, often on innovative to work for its consolidation and development. The combined with the collective intelligence of civil "relocate" the victims of globalisation and ensure they legal basis. All those procedures illustrate Sherpa’s times are not easy because the hazards are significant society organisations, enabled us to celebrate in 2017 are heard before the courts where parent companies values, an all too rare combination of humanism and any new legal or intellectual adventure requires the adoption of a legally binding obligation for parent are liable. We will stand alongside Lafarge’s Syrian and professionalism interspersed with imagination ever greater expertise, humility and audacity in front of companies. The enactment of this duty of vigilance employees, the victims of war crimes in Rwanda, and rigour. the growing complexity of the issues we face. imposed on multinationals has allowed to give more and workers in Bangladesh, China and Qatar. weight to stakeholders in the legal and political debate. I am delighted to confirm This victory embodies the attraction Sherpa exercised that I will remain at your side. on me 8 years ago when I joined the organisation and I will ensure that Sherpa remains an agent for change, which continues to this day: freedom to believe that influencing the creation of standards in France and the law cannot and must not remain static at the risk within regional and international bodies, collectively of undermining democracy and fundamental rights. creating a new narrative for a just transition.

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Globalisation has changed the lifestyles of THE LAW ON A DUTY OF entire populations. New business opportunities, importance of civil society in the legislative process notably those offered by the transport revolution, VIGILANCE FINALLY ADOPTED! and more broadly in the creation of legally binding have enabled firms to expand their production standards. activities into emerging countries. Unfortunately, A historic step for the protection of human rights fundamental, human and environmental rights and the environment, a strong signal to Europe are constantly being neglected in favour of the and the international community Background and history systematic reduction in costs and an ever Our observation is simple: the power of multinationals, faster production rate. whether economic, financial or political, continues The year 2017 was marked by a great victory: the to grow. Thanks to complex legal arrangements, they Industrial disasters have multiplied at an adoption of the law relating to the duty of vigilance can now outsource human rights and environmental- alarming rate, causing social and environmental of parent and subcontracting companies, after a related risks in order to dilute their liability in the event damage that is sometimes irreversible. legislative epic battle enduring for more than 4 years. of damage, via their subsidiaries or subcontracting However, the absence of regulation adapted to Inspired in part by Sherpa’s work and based on the chains. Some of them benefit greatly from this social globalisation makes it impossible to establish United Nations Guiding Principles on Business and environmental dumping. Their impunity was liability or obtain compensation for damage. and Human Rights, it represents a historic first step sustained by the absence, until now, of binding national Through its globalisation and human rights towards holding multinationals accountable and or international standards. Sherpa has since its creation programme, Sherpa is working to establish a ending their impunity. The result of many years of fought to end this impunity, which is leaving many legal framework that imposes binding legal intense advocacy and unprecedented collaboration victims without recourses. constraints to make economic actors, including between NGOs, trade unions, academics and multinationals, liable for their actions. parliamentarians, the law demonstrates the

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Legislative process THE WORK OF SHERPA CHRONOLOGIE The battle we fought for the adoption of the law VIGILANCE PLANS was long and perilous, the employers’ organisations REFERENCE GUIDANCE (VPRG) having systematically opposed the vote of the text. 2010 Because of their intense lobbying, the Senate blocked To enhance the chances of adoption by the Sherpa’s book of "46 proposals for its passage three times. After numerous parliamentary Parliament and validation by the Constitutional Sherpa is conducting an ambitious regulating transnational companies" shuttling back and forth, a compromise, in which Council, we have contributed to discussions of project to ensure the follow-up and (proposals 21 and 22) Sherpa actively participated, was reached. On February the legal theory pertaining to the law by publishing effective implementation of this law: 21st, the National Assembly finally adopted the law 06.11.2013 articles and providing material for the work of the Vigilance Plan Reference Guidance on the duty of vigilance. First bill academics and journalists. These publications confirm Sherpa’s role as an international expert With this guide, Sherpa aims to The law was then referred to the Constitutional 24.04.2014 on the subject. explain its understanding of the law Council by the opposition. We had anticipated this Sherpa files a complaint against Auchan and provide civil society with a practical move in our advocacy strategy and we facilitated the Capacity building tool on which to base advocacy and for misleading commercial practicess mobilisation of an academic working group set up In order to promote co-construction between different judicial actions. It is co-constructed at the beginning of the legislative process in order to 11.02.2015 stakeholders on understanding and implementing the with different stakeholders in order publish articles on legal theory in support of the law law, Sherpa has established a partnership with RSE to create a common and pragmatic Second bill (Mireille Delmas-Marty published an article in Le & PED platform. This partnership consists in the language for as many organisations Monde, Marie Caroline Caillet in Les Échos, Nicolas 23.03.2015 preparation of a series of 15 webinars on the duty as possible. Cuzacq in La Tribune, Armand Hatchuel in Le Monde, of vigilance in 2 phases: a methodological phase Sherpa files a complaint against Vinci etc.). We also co-produced a memorandum for the which began in November 2017, followed by a Construction for forced labour, slavery Constitutional Council refuting the unconstitutionality practical phase on the implementation of the duty and concealment on construction sites of the future law. The Constitutional Council validated of vigilance in different sectors and industries. in Qatar the most important components of the law, making a reference to the "indisputable general interest purpose 15.11.2016 pursued by the legislator" marking by this decision, we Sherpa files a complaint against Lafarge The guide is being developed in three hope, a paradigm shift in the political stance of this Publications for terrorist financing and complicity in institution still very attached to defending the stages. war crimes and crimes against humanity freedom of entrepreneurs. Sandra Cossart and Tiphaine Beau - In 2017, the mapping and census 29.11.2016 de Loménie collaborated with Jerôme of all existing standards, techniques The French National Assembly adopts Chaplier of ECCJ on an article entitled and practices in corporate social the bill on a new reading What does the law provide? "The French bill on duty of care of responsibility and due diligence has parent companies" and published in begun. In this capacity, Sherpa 01.02.2017 We conceived this law in an innovative way, as a the Business and Human Rights signed a partnership with the The French Senate rejects the text mix between soft and hard law. Soft law measures, Journal, a new publication of Cambridge Sciences Po clinic. for the third time. such as codes of conduct or ethical charters, with which University Press (CUP), entirely companies are already familiar, were incorporated. But dedicated to business and human 21.02.2017 relying solely on self-regulation would have endangered rights issues. - Then, a first draft of the VPRG The National Assembly adopts the text our goal because some companies use those instruments will be submitted for consultation on a final reading to protect their financial interests and reputation rather Another article in English, "From with relevant stakeholders to ensure than fundamental rights. It is the reason why the Due Diligence to Duty of vigilance: a balance between ambition and 23.02.2017 law combines a duty of care with a hard law liability taking the French example to the EU pragmatism. The law is referred to the French regime imposing sanctions in cases of non-compliance. level", to be published in 2018, written Constitutional Council by 150 opposition Similarly, we have pushed and succeeded by Sandra Cossart and Paige Morrow parliament members. to include the term "stakeholder", which is found in (Frank Bold), proposes the formulation - Finally, all stakeholders will be many soft law standards. The development of the of a duty of vigilance to be incorporated made aware of the advantages of the 23.03.2017 duty of vigilance plan is intended to be carried out in into European legislation, drawing in VPRG and trained in its use and The Constitutional Council validates association with the company’s stakeholders. The law particular on the French experience. on the new law. the basic constituents of the law. establishes a tripartite obligation for companies: after having developed the duty of vigilance plan, they latter must publish it and also implement it effectively.

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At European level FEEDBACK ON THE NATIONAL Sherpa continued its involvement within Combating ACTION PLAN ON BUSINESS the ECCJ network and was the reference for the AND HUMAN RIGHTS law on the duty of vigilance. We have multiplied businesses’new strategies our interventions vis-a-vis other organisations or institutions in member States and European Following the adoption in 2011 of institutions such as the Commission and Parliament. the United Nations Guiding Principles on Business and Human Rights the At international level AGAINST SLAPP [STRATEGIC European Commission asked member LITIGATION AGAINST PUBLIC States to adopt before the end of 2013 France must also commit to supranational LAUNCH OF THE ON NE SE TAIRA PAS ! National Action Plans for Human Rights processes, such as the Treaty on Multinational PARTICIPATION] COLLECTIVE (NAPHR) in order to implement these Corporations and Human Rights, which has been international principles. promoted by a UN intergovernmental working group since 2014. The Treaty would help reducing Sherpa is, with other NGOs Unlike other member States, which the unacceptable asymmetry in international law, and medias, one of the initiators simply listed the measures adopted which benefits multinational companies to the We are more and more frequently targeted by of the collective On ne se taira pas! detriment of fundamental human rights and legal complaints from companies whose objective The network was launched on October without clearly outlining their future th policies on human rights protection, the the environment. is to silence us. These actions are based on ever more 4 2017 at a conference organised by French NAPHR, published on April 26th creative bases: defamation, infringement of the Sherpa, Ritimo and the Observatoire 2017, contains a series of observations Member of the French coalition for the UN presumption of innocence, harassment, denigration. des multinationales. Our interdisciplinary and recommendations, both on the role treaty, Sherpa actively participates in the development These proceedings are known as SLAPP (Strategic collective intends to initiate legislative of the State in protecting human rights, of this treaty with other national and international Litigation Against Public Participation) lawsuits. reforms, following the example of other and also on access to justice and remedies coalitions. For the third session of the working These strategic lawsuits aim to apply pressure, countries such as Quebec, certain states for victims, two areas of advocacy that group held in October 2017, we sought to mobilise financially weaken and isolate any journalist, of the United States or Australia in Sherpa has long promulgated. parliamentarians and members of the government whistle-blower or organisation seeking to shed order to prevent SLAPP lawsuits. It by organising an event at the National Assembly a light on the harmful activities and practices of also mobilises civil society as a whole The NAPHR was developed on the basis in order to encourage France to adopt a leading economic giants such as the Bolloré or Vinci if one of its members is the victim of the opinion delivered by the national role within the EU which is blocking the process. Groups. Objective: to dissuade them and us from of such legal threat. CSR platform for which Sandra Cossart We also contributed to the work on the draft investigating, so that "trade secret" remains was co-rapporteur. Significant dissent treaty communicated by Ecuador. well guarded, at the expense of the public interest and freedom of expression. had emerged during the discussions within this multi-partite institution, Towards a more ambitious text the main members of the economic contingent having almost systematically However, the lengthy legislative process diluted In 2017, we therefore decided to react and join rejected any new regulatory constraints. the original legislation we proposed. The coalition forces with civil society to better combat the This time-consuming process was marked of NGOs and trade unions pushed for a more practice of gagging. We have also had to mobilise ambitious text, whose scope covered all French our resources to defend ourselves against the various by the dilution of our messages, companies and not just a hundred major groups. SLAPP lawsuits against us. In order to alert public Complaint filed against which questions the usefulness of our Sherpa by Socfin and Socapalm organisation’s participation in bodies that The reversal of a burden of proof always incumbent opinion and decision-makers to the tenfold increase embrace the ideological position conveyed on victims, further accentuating the asymmetry of in SLAPP lawsuits and the urgent need for legislation, In 2015, the Socfin Group and its Cameroon by the economic contingent. power between major groups and victims, was also we published an article "When multinationals silence subsidiary Socapalm, closely linked to the Bolloré part of our demands. human rights defenders" in the newspaper Group, brought defamation lawsuits against Sherpa, La Tribune in March 2017, denouncing in particular Le React, Mediapart, l’Obs, Le Point, for articles So our work is far from finished. Sherpa will the considerable increase in the sums requested to relaying the claims of workers and residents of the remain vigilant on the effective implementation repair the alleged damage to "reputation". Indeed, Socapalm plantations. The hearing is scheduled of the law, and is mobilised so that its example 400,000 euros were claimed from Sherpa by Vinci, for January 2018. has a ripple effect beyond our borders. rather than the symbolic euro. Similarly, fifty

million euros were claimed by the Bolloré Group Defamation lawsuit against Sherpa by Vinci against a television company France 2, on the basis On April 14th 2015, following Sherpa’s lawsuit against of commercial denigration. Vinci for forced labour in Qatar, the company filed

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The concept of corporation and tools for victims’ reparation

A NEW APPROACH TO ARBITRATION THE CONCEPT OF BUSINESS AND HUMAN RIGHTS

The emergence of debates on the role of business in Some members of the Lawyers for Better globalisation calls into question the strict definition of Business (L4BB) network have initiated a proposal a company, defined by articles 1832 and 1833 of the for a Business & Human Rights arbitration court. French Civil Code, which limit it to its sole shareholder The project aims at creating a new set of arbitration value. Illustrating these debates, a bill has been tabled rules specific to disputes between companies and in which a redefinition of company is proposed. A victims of human rights violations. Given Sherpa’s pioneer on the subject, Sherpa, as early as 2010 in its place in international litigation and the stakes for 46 proposals for Regulating Transnational Companies, victims’ access to justice, we were asked to participate. insisted on the need for a new legal approach to the Considering the risks inherent to an Arbitration notion of private company more in step with the Court, Sherpa has decided for the time being not new social and environmental issues. We will follow to become an official part of the project but to Elsa Palito © this debate closely, set to continue in 2018 with the closely monitor its development and to involve presentation by the government of its Action Plan for other international lawyers in the service of Growth and Transformation of Businesses (PACTE). victims through an unformal working group. a defamation lawsuit against Sherpa, the Director DEALING WITH LOBBYING This should include reflections on the definition of and the head of the litigation department. Targeting STRATEGIES undertaking company, and no doubt a proposal to individuals in addition to organisations, by claiming rewrite article 1833. hundreds of thousands of euros in damages, also seems to be a new strategy with the aim of increasing the intimidating effect of this type of lawsuit. The world leader in the building and civil engineering industry Beyond the semantic questions between advocacy has also brought an action before the interlocutory (which includes promoting the general interest) judge for infringement of the presumption of and lobbying (defence of private interests), we see the innocence, in addition to the defamation lawsuits urgency to combat the new and increasingly aggressive already filed. Dismissed by the Paris Regional Court, strategies of companies, observed in particular during Vinci then initiated civil proceedings on the same the debates on the law on the duty of vigilance. We basis, and the Paris Regional Court ruled that the therefore participated in the creation of a working presumption of innocence had not been infringed. group on lobbying to inform and train civil society on advocacy techniques and the new lobbying rules.

Following Vinci’s appeal on June 28th 2017, the Paris Court of Appeal also finally dismissed its action for infringement of the presumption of innocence, and ordered Vinci to pay Sherpa 3,000 euros in addition to the appeal costs. Regarding the defamation lawsuit, the court issued a stay of proceedings pending a final decision on the merits of our lawsuit

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was a major factor for cases, encourages us to officials (including the While the prosecution and sentencing of BNP PARIBAS its adoption. We also promote an ambitious Cabinet Director of individual perpetrators of international crimes Mission participated in the public reform of NCPs so that the EU Vice-President before international criminal courts are now Lawsuit for complicity consultation organised by they become more effective Frans Timmermans). We Multi-stakeholder accepted both internationally and nationally, in international crimes the French Treasury on and a real tool for victims. contributed to the website consultative body to the the transposition in France www.BHRinlaw.org which the liability of companies and their leaders in the Prime Minister whose of the European directive displays on a map of the commission of crimes is almost never established. mission is to promote CSR. on non-financial public world the main legislative Country: Rwanda. reporting. and judicial developments Sherpa within Multinational corporations working in conflict Target Company: BNP Paribas the plateform related to the corporate zones are likely, directly or through their subsidiaries, duty of vigilance. We also Partners: Collectif des Parties Civiles Although the issue of to fuel armed conflicts and to profit from violations participated in a project pour le Rwanda (CPCR), IBUKA France the appropriateness of of international humanitarian law, in particular by to compare the different our participation remains National Actions Plans. dealing with those responsible for war crimes central, our most important Mission and crimes against humanity. Facts commitment to the To increase European Platform this year has During the arms embargo against Rwanda cooperation between been the drafting of an The fight against multinationals’ impunity established by the United Nations Security Council Mission NGOs working in the opinion on the National will be conducted by establishing their liability, in May 1994, and whereas the international community To inform the NGO field of corporate social Action Plan for Human particularly in countries where parent companies recognised the existence of an ongoing genocide against community on the policies responsibility and influence Rights. The platform also operate and control the activities of their subsidiaries and activities of the OECD policies within the the Tutsis, in June 1994, BNP agreed to transfer $1.3 called on Sherpa’s legal Investment Committee and European Union (EU). around the world. Access to justice for thousands million from an account of its client, the National expertise during a series to assess the effectiveness of of victims of armed conflict depends on it Bank of Rwanda (BNR), to the Swiss account of a of conferences. Sherpa within ECCJ the OECD Guidelines. South African arms dealer, Mr Ehlers. Mr Ehlers We see the ECCJ as an echo Sherpa within then travelled with a Hutu commander, Mr Théoneste chamber for our advocacy Bagosora (subsequently convicted for genocide by OECD Watch at European level. In 2017, the International Criminal Court for Rwanda) to Being one of the only we focused our efforts on members composed of strengthening advocacy the Seychelles, to conclude, in June 1994, a deal for lawyers at OECD Watch strategies at EU member the sale of eighty tons of weapons, which were then (OW), and based in Paris State level. We have been transported to Gisenyi in Rwanda, via Goma. along with the OECD, approached by many ECCJ Mission Sherpa’s expertise has member networks to raise BNP seems to have been the only bank to agree to To be a centre of expertise, been often requested by awareness among European transfer funds, thus violating the embargo and fuelling public expression and the network. In 2017, we associations, particularly on the genocide. The Belgian bank Bruxelles Lambert advocacy of civil society commented on the OECD the duty of vigilance. on issues related to social, "Due Diligence Guidance (BBL) had refused the request to use funds from the environmental corporate for Responsible Business Nevertheless, in order to Commercial Bank of Rwanda, refusing to violate the liability. Conduct", we spoke at ensure that the coalition embargo. According to some witness statements, the the OECD Forum on the does not get carried along banking sector, which was already under an obligation Sherpa within Clothing and Footwear by the conservative and to inquire clients about the destination of funds under the plateform Sector. We contributed to unambitious agenda of the unusual circumstances, knew that "the Rwandan Sherpa has been heavily the peer to peer review of European Commission, government had a crucial need for fund […] it was involved in the Forum for the French NCP. we are also continuing clear for everyone that they had to buy weapons years but in 2017 we have our efforts to impose a increased our advocacy Sherpa’s litigation duty of vigilance at the and ammunition." on the duty of vigilance experience, particularly in EU level. We were able and our contribution the Michelin and Socapalm to meet with senior EU

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Sherpa’s work Country: Syria On June 28th 2017, Sherpa, the IBUKA association Target Company: Lafarge and Lafarge Cement Syria and the Collectif des Parties Civiles pour le Rwanda Partner: European Center for Constitutional (CPCR) filed a complaint against BNP for complicity and Human Rights (ECCHR) in genocide, crimes against humanity and war crimes. In September 2017, a judicial investigation was opened with the appointment of an investigating judge. Sherpa Facts was heard as a "civil party to a criminal case". Between 2012 and 2015, Lafarge, now LafargeHolcim, owned at 98.7% a cement plant located between Raqqa and Manbij in northern Syria, managed by Lafarge This lawsuit is the first court case on investor’s Cement Syria (LCS). In 2012, when conflicts increased liability for war crimes. If the facts were to be proven, in the northern part of the country, Lafarge repatriated this case would highlight their responsibility in its expatriate employees but asked Syrian employees to armed conflicts, and more broadly in serious human stay and keep the plant running. During the year 2013, rights violations. The media coverage of the lawsuit the conflict intensified and ISIS gained control of evidenced the sensitivity of civil society on this issue: northern Syrian territory. The risks for employees’ lives the international petition, launched by Sherpa and multiplied on the roads surrounding the Lafarge plant. its partners via SumOfUs, demanding that financial Arrangements were made between LCS and several institutions be held accountable for their involvement armed groups, including ISIS, in order to maintain in particular through the indictment of Lafarge and DLH in human rights violations, collected over 150,000 operations at the plant. its leaders on a charge of complicity in crimes against signatures in less than a week. humanity and war crimes. On October 13th 2017, we sent the judges a request to hear the former Sherpa’s Work Country: Liberia French ambassadors in Syria (Gellet and Chevalier), Target Company: DLH Within a few months, Sherpa was able to draft as well as the then French Foreign Minister, so the complaint, collect 200 documents including the that no liability would be overlooked. witness statements of eleven former Syrian employees Facts of the plant, and represent them as civil parties to a In November, the investigation accelerated: Between 2001 and 2003, DLH purchased, criminal case. We also wished to involve ECCHR in Lafarge headquarters in France and Belgium th imported and distributed timber from Liberian the original complaint filed on November 15 2016 were raided, and six former Lafarge executives logging companies directly serving the interests LAFARGE for financing terrorism, complicity in war crimes and and managers were indicted. crimes against humanity, deliberate endangerment of the dictator Charles Taylor’s regime, while the Appointment of three investigating judges, th country was in the midst of a civil war and when of people’s lives and work incompatible with human On December 12 2017, we organised a press searches, indictments these companies were identified by the United dignity. This is the first time that a lawsuit was filed conference with William Bourdon, the lawyer Nations as responsible for human rights violations, on this basis against a multinational company. Marie Dosé, and Marie-Laure Guislain, head violation of of arms sanctions, environmental of GDH litigation in charge of drafting and following destruction and bribery. In March 2017, a partial admission was published up the complaint, to denounce the Lafarge Group’s by LafargeHolcim in a press release in which the impeding of the proper conduct of the investigation company acknowledged having made payments to and to clarify the amounts referred to in the armed groups. In April, the internal investigation investigation files. At this stage of the investigation, conducted by the company recognized the parent it was estimated that more than 13 million Sherpa’s work company’s involvement and top executives departures euros was paid to armed groups. In 2014, after the first complaint was dismissed, were announced. Sherpa, Global Witness, Greenpeace France and The Lafarge case has become emblematic of Green Advocates filed another complaint against On June 9th, three investigating judges were appointed the fight against the impunity of multinationals, DLH for concealing bribery and influence peddling, to investigate the case, Charlotte Bilger, David de Pas particularly in conflict zones. It will certainly establish provoking the opening of a judicial investigation. and Renaud Van Ruymbeke. As a civil party, Sherpa a historic precedent. This is the first time that the was heard and continued to provide evidences to the executives of a CAC 40 company are investigated In 2017, we continued to fulfil our role as investigation. Sherpa also acted as a support to the for activities abroad in a terrorist financing case, a civil party in the proceedings to avoid the former employees, by organising throughout the year deliberate endangerment of their employees, and closure of the investigation by filing observations hearing of several complainants by the judges, so that work incompatible with human dignity. concerning the statute of limitation of the offence they could be heard and have their losses recognized, of concealment of profit.

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to Sherpa on improvement in their working and SAMSUNG accommodation conditions. Most importantly, the Violation of Misleading commercial practices unprecedented visibility of this legal action in the French and international media focussed public workers’ rights throughout attention on the exploitation of migrants in the Gulf countries, and has made possible to strengthen the supply chain parliamentarians’ arguments in favour of Country: Chine of the law on the Duty of vigilance. Target Company: Samsung Partners: Peuples Solidaires, Indecosa-CGT

In 2017, after receiving the preliminary investigation Facts report in July, we forwarded our in-depth analysis of its shortcomings and requested further Samsung prides itself on having adopted ethical The flagrant global disparities in the standards VINCI investigations. In addition, our complaint contributed commitments which are widely disseminated on the of workers’ protection - a potential source of profits Modern slavery, child labour to the agreements signed in 2017 on technical internet where it claims it can contribute to creating for companies - facilitates serious forms of labour cooperation between Qatar and the ILO on the one "a better world". However, the NGO China Labor exploitation which mainly affects women and children. hand, and between Vinci, QDVC and Building and Watch, after investigations of employees infiltrated The Rana Plaza drama which claimed 1138 lives in Woodworkers International (BWI) on the other, into the plants, published reports dating from as Bangladesh, sadly remains the most infamous disaster in which the companies undertake to comply with early as 2012 denouncing numerous violations of illustrating these modern forms of exploitation. To Country: Qatar national and international standards in the areas the fundamental rights of workers in their plants defend workers’ right and shed a light on the flaws Target Company: Vinci of health and safety at work and social rights. in China: child labour, undignified conditions, and shortcomings of positive law, Sherpa conducts Facts lack of safety measures. judicial and extra-judicial actions in order to establish the liability of companies including activities result in Qatar has undertaken a vast infrastructure Finally, Vinci lost one of its six SLAPPs against Sherpa’s work rights violations on their production lines. modernisation programme in view of hosting Sherpa, based on infringement of the presumption th Our litigation against Samsung was initiated in the 2022 World Cup. In this context, Vinci has of innocence. On June 28 2017, the Paris Court 2013 by a complaint for misleading commercial won major contracts worth billions of euros, and of Appeal dismissed the company’s claim, Several offences provided in the Criminal Code practices in front of the Prosecutor, since dismissed. make it possible to punish modern forms of labor today employs 6,000 migrants on its construction considering its action unfounded. exploitation such as incompatible work with human sites through its Qatar subsidiary (Qatari Diar In 2017, we continued to collect data with our dignity, slavery and forced labour. By carrying out the Vinci Construction or QDVC) as well as partners. We will file a new complaint in 2018. complex task of linking the practices of subsidiaries to numerous subcontractors. It will respond to the two main arguments put their French parent company, Sherpa has succeeded in forward by Samsung France. First, by targeting the applying the bases of French criminal law to offences During its investigation in 2014, Sherpa gathered Korean parent company, the French subsidiary will committed abroad by multinational companies information that uncovered the inhuman and no longer be able to hide behind the argument that throughout their value chain, and thus effectively dangerous working conditions imposed by Vinci the ethical commitments are made by the Korean combating their impunity. through QDVC, in violation of international and parent company, and do not bind the French even local laws: weekly working hours of 66 hours establishment. Secondly, it will be less and less in violation of Qatar law, lack of equipment necessary To cultivate a responsible image, companies publish plausible for Samsung to argue that ethical to protect workers from the heat, and extremely ambitious ethical commitments promising full commitments cannot be qualified as commercial restricted communal accommodation. The working respect of workers’ rights throughout the supply practices, i.e. sales arguments, considering the conditions result in an abnormally high number chain. However, unacceptable divergences remain increased importance given by consumers of workers’ death on construction sites. between such ethical commitments and the reality to companies’ ethic. in the plants operated by some of these companies. Establishing misleading commercial practices would Sherpa’s work make it possible to sanction the gap by making ethical Sherpa filed a complaint against Vinci on March commitments legally binding and promote a fairer 24th 2015 before the Nanterre public prosecutor’s power balance between workers/consumers office for forced labour and slavery, failure to provide and multinational companies. first aid assistance and for accidental injuries, as well as for concealing profits from these offences, legal grounds never used before against a multinational company. The positive impact of the complaint on workers was immediate: QDVC workers testified

_ _ _ _ 20 21 SHERPA GLOBALISATION AND HUMAN RIGHTS - Litigation

AUCHAN COMILOG

Misleading commercial practices Environmental damages Country: Congo Target Company: COMILOG Country: Bangladesh Target Company: Auchan Partners: Action Aid France-Peuples Solidaires, Facts Collectif Éthique sur l’étiquette In 1992, after a tragic train accident causing hundred deaths and injuring almost three hundred people, the manganese processing and transport Facts company Comilog, whose parent company Eramet is The Auchan Group prides itself on its ethical French, decided to suspend its traffic, resulting in the commitments to uphold human rights throughout technical unemployment of all the former workers in its supply chain. However, after the collapse of the Congo, without paying them the least compensation. Rana Plaza building on April 24th 2013, when Since 2007, Sherpa has represented the 872 workers 1,138 people died, "In Extenso" labels -Auchan’s before the French court as they were unable to own - brand trademark - were found in the rubble. obtain compensation in Congo.

Sherpa’s work Sherpa’s work On March 23rd 2014, Sherpa and its partners filed Given the difficulty of dealing with 872 individual a first complaint at the public prosecutor’s office cases, this case allows us both to continue our advocacy of Nanterre for misleading commercial practices. on the need to extend the concept of a class action in Despite our investigation in Bangladesh revealing France as well as focussing on the issue of denial of serious violations in the Group’s factories, the complaint justice. Indeed, on September 10th 2015, we obtained was dismissed in January 2015, following an investigation the condemnation of the Gabonese company to pay by the public prosecutor’s office limited to an hearing the compensation of former workers, recognizing the of a few Auchan executives. We then decided to file a jurisdiction of the court of appeal to judge the case SOCAPALM complaint and a claim for indemnification in order to on the ground of denial of justice. This ruling is a problems of local residents and plantation employees. access to an investigating judge on June 10th 2015. significant legal step forward for victims of economic After months of mediation, the Bolloré Group crimes access to justice. and Sherpa validated an action plan to address the In 2017, we continued to play our role as a civil shortcomings identified by the NCP. However, the th action plan was never implemented by the Bolloré party to a criminal case by requesting a hearing of On September 14 2017, however, the Social Country: Cameroun Group, which declared in December 2014 that Socfin our organizations. A request for international judicial Chamber of the Cour de Cassation partially overturned Target Company: SOCAPALM was impeding the process. assistance (letter rogatory) was sent by the investigating the judgment of the Court of Appeal. Sherpa worked judge to his Bangladeshi counterparts in 2016 and is this year to strengthen legal arguments around the Facts In 2017, the Belgian NCP agreed at the companies’ currently being processed by the Ministry of Foreign denial of justice for the upcoming referral to a Socapalm, a subsidiary of the Belgian holding Socfin, request to take back leadership of the case. However, Affairs (MAE). Sherpa and its partners are following new Court of Appeal. a company in the Bolloré Group, is Cameroon’s largest th the latter announced on June 15 that it would end closely with the MAE in charge of validating the palm oil producer. Its activities generate a great deal mediation, stating that the action plan initially accepted international letter rogatory. of tension with local communities. These activities alter would not be implemented by the Socfin Group, and the quality of their environment and pose serious risks regretting the Group’s refusal to deploy neutral and to their health. Hectares of forest and arable land were independent monitoring and follow-up. Following reportedly taken from the local population and Publication the example of the NCPs, we expressed our regret fishing areas have become inaccessible to them. Sandra Cossart and Oscar Oesterlé that Bolloré has reneged on its commitments vis-a-vis wrote a comment on the judgment Socfin, and that the Cameroonian populations are still Sherpa’s work of the Court of Cassation dated waiting for the implementation of the action plan and September 14th 2017 which will appear After an on-site investigation, Sherpa and its partners the improvement of their living conditions. in the review Le Lamy social in 2018. filed a "specific instance" before the French OECD National Contact Point (NCP) against Bolloré reporting on the social, environmental and land

_ _ _ _ 22 23 SHERPA ILLICIT FINANCIAL FLOWS - Advocacy

The fight Combating illicit financial flows in the natural against resources sector illicit Objective Promoting transparency and liability of companies in natural resources and reducing illicit financial financial flows in the sector. flows Sherpa‘s work Sherpa is part of the Publish What You Pay (PWYP) platform which aims to make the extraction industry more transparent and liable.

Following the transposition into French law of the European "accounting" and "transparency" directives in 2014, French oil, gas and mining companies published, for the first time in 2016 the payments they made in 2015 in favour of governments with whom they conducted exploration and/or exploitation activities. In cooperation with the associations ONE, Oxfam France and Le Basic, Sherpa analysed these declarations and published a report on April 13th 2017.

SHERPA IS A MEMBER Each year it is estimated that emerging Entitled "OPEN DATA, the extractive industries case OF THE PLATFORM PUBLISH countries lose at least 750 billion euros (ONE, study", the report examines the first public declarations WHAT YOU PAY 2014) as a result of illicit financial flows, that of payments made by six French oil, gas and mining is money earned, transferred or used illegally companies to the governments of the countries in which including money from bribery, money laundering they operate: Areva, EDF, Engie, Eramet, Maurel and tax evasion. These illicit financial flows & Prom and Total. The detailed analysis shows that hamper social and economic development by Total’s activities in Angola and Areva in Niger could diverting domestic and foreign investment from lead to potential misappropriation of funds by the oil the sectors where it is most needed, thereby company and significant tax losses for the two countries, depriving local population of decent education among the poorest in the world. The report also outlines and health systems. the difficulties encountered in the transparency initiative.

To combat this scourge, Sherpa launched the We had discussions with the Directorate-General at Illicit Financial Flows programme in 2007 and the French Treasury to review the transposition of the is currently working on combating tax evasion, accounting directive and breaches such as the disclosure promoting transparency in the natural resources of payments only in value without stating the associated sector and more generally fighting against quantities. bribery and money laundering.

_ _ _ _ 24 25 SHERPA ILLICIT FINANCIAL FLOWS - Advocacy

Changing Misappropriation practices in economic of public funds, corruption and financial crime and money laundering

Objective Objective Combating economic and financial crime through Combating corruption, money laundering and legal proposals to enable a change in practices. misappropriation of public funds by conducting investigations and producing reports Sherpa’s work Sherpa is a member of the Paradis Fiscaux et Sherpa’s work Judiciaires (PPFJ) platform which works on On September 28th 2017, Sherpa published expertise and advocacy on the measures to be a report titled "Corruption in Mauritania, a adopted to reduce financial secrecy, effective to gigantic evaporation system", which gives examples combating of tax evasion, strict regulation of capital of questionable public procurement such as the movements, lifting banking secrecy and providing construction of a new airport, entrusted to a sustainable finance for development. company with no prior experience in construction and managed by close associates of the head of Moreover, in 2015, Sherpa obtained a public State. Another example is the construction of the certification which enables the association to file Nouakchott power station by the contractor who a complaint against a company on the base of submitted the most expensive tender. bribery without having to demonstrate a specific interest for its admissibility in court. The article In addition, investigations have been launched in 2-23 of the Code of Criminal Procedure provides the United States and Canada into allegations of that any approved association combating corruption bribery involving the Tasiast gold mine, operated by is entitled to enforce the rights of a civil party the Canadian company Kinross Gold Corporation. given default on the duty of probity, acts of They also question the reasons which prompted the SHERPA IS A MEMBER SHERPA IS A MEMBER bribery, influence peddling, concealment or Mauritanian authorities to conclude a one-sided OF THE PLATFORM PARADIS OF THE UNCAC COALITION money laundering. fishing agreement with the Chinese company Poly FISCAUX ET JUDICIAIRES Hondone, linked in reality to Poly Technologies, (PPFJ) a company known for its illegal foreign sales of Chinese armaments.

Sherpa is also part of the UNCAC Coalition which aims to promote the ratification and implementation of the UN Convention against corruption. The coalition was created in 2006 with the objective of mobilizing civil society in these actions at national, regional and international levels. It gathers 350 civil society organisations throughout a 100 countries.

_ _ _ _ 26 27 SHERPA ILLICIT FINANCIAL FLOWS - Litigation

Bribery

Other proceedings in which Sherpa has filed a civil lawsuit and which are currently under investigation:

AREVA - URAMIN SARKOZY - LYBIA

In 2007, Areva bought UraMin for 1.8 billion Sherpa was a civil party because of the exceptional euros, whereas it was valued at a maximum between nature of the charges brought against a former 600 and 800 million euros. This takeover operation President of the Republic regarding suspected proved catastrophic for Areva, which went bankrupt. unlawful financing of his presidential campaign, The perpetration of criminal offences allegedly led to using resources of alleged foreign origin. We failures in the company’s governance and decision- followed-up on the proceedings. It is expected that making processes. In 2015, two judicial inquiries were by the beginning of 2018, several indictments will opened, one of them for bribery of foreign public should take place and in particular the one of officials. Sherpa was a civil party in this judicial N. Sarkozy, for bribery of foreign public officials. investigation regarding the bribery charge.

Corruption and money laundering are serious Kinross Gold through its Ghanaian subsidiary offences that reduce developing countries’ resources. Chirano Gold Mines Limited (CGM). Kinross VINCI - RUSSIA BALKANY Resources-rich countries have a low human Africa SL, whose head office is in Spain, manages development index because of this scourge. these African mines and is said to have set up a Activities in the natural resources sector generate corrupt enterprise by systematic bribery of foreign large revenues that generally fuel bribery, tax public officials and money laundering. In May 2016, Sherpa filed a complaint with the This emblematic case involves a former member evasion, inequality and conflict. chief investigating judge at the Court of Nanterre of the French parliament and a major political Le travail de Sherpa together with CEE Bankwatch Network, supported by personality, the mayor of Levallois, who is said to members of civil society, including Evgenia Tchirikova have received international funding for the purchase KINROSS Regarding both of the above mentioned mining th and Mikhail Matveev and Princip, an association for of real estate in France and abroad. Sherpa has followed projects, on December 9 2015, Sherpa and the defence of the Khimki forest, for bribery of foreign on the proceedings and will be represented at the MiningWatch alerted the Canadian authorities public officials against Vinci in Russia. trial, which will probably be held in 2019/2020. on possible violations of sections 3 and 4 of the A committal ruling is expected shortly. Canadian Corruption of Foreign Public Officials Country : Mauritanie et Ghana Act (SC 1998) by Kinross Gold Corporation. Target Company : Kinross Gold Corporation (KGC)

Faits The Tasiast gold mine is an open cast-mine in Mauritania, which is wholly owned and operated by Kinross Gold through its Mauritanian subsidiary. Tasiast Mauritanie Ltd S.A. (TMSLA). The Chirano gold mine in Ghana, is 90% owned and operated by

_ _ _ _ 28 29 SHERPA ILLICIT FINANCIAL FLOWS - Litigation

III-gotten gains

Other proceedings in which Sherpa Ill-gotten gains are assets and public goods misappropriated from a State’s budget and placed has filed a civil action with ongoing investigation: abroad for personal use. This is a form of illicit enrichment, i.e. a substantial increase in the property of a public official, or any other person, which cannot be justified on the basis of income. The World Bank BMA SYRIA : RIFAAT EL ASSAD BMA UZBEKISTAN estimates the annual value of assets and public goods misappropriated in emerging countries and placed abroad as between 20 and 40 billion dollars. Since 1991, the misappropriation of public property has A judicial investigation was opened in 2015 at Gulnara Karimova, eldest daughter of the President been considered a human rights violation following Sherpa’s initiative. Notes and documents were of the Republic of Uzbekistan, in 2009 and 2010 a decision by the United Nations Economic and communicated to the investigating judge. Though established real estate companies (SCI) in Paris Social Council. the facts were dated, it was not an obstacle to the through which she acquired property in France for identification of the elements constituting the alleged a total of about 50 million euros. These properties offences against M. Rifaat El Assad since he was were allegedly purchased through bribery. indicted in June 2016 and his assets in France were OBIANG seized for a value of 90 million euros. In February 2013, a judicial investigation was opened by the Paris financial division against X for A Franco-Spanish team was established and the "money laundering by organised criminal gangs" investigating judge is currently collaborating with his and "bribery of foreign officials". In June 2014, Countries: Guinée équatoriale, individuals, money laundering of the proceeds of counterparts in Madrid. Contact has been established Sherpa became a civil party. In September 2014, Gabon, Congo-Brazzaville criminal offences, in particular misappropriation of with our partners in Spain where significant seizures the properties were seized. public funds, abuse of corporate property, bribery and have been made. The trial of Rifaat El Assad will breach of trust. The aim is in particular to enable the obviously have an important political and historical Facts recovery and return of stolen assets to the populations. dimension given that he is the uncle of Bashar El In 2007, three heads of African States in office, Denis Sherpa has therefore contributed to the launch of an Assad but also because the proceedings demonstrate Sassou Nguesso (Congo-Brazzaville), Oma Bongo international civil society movement on asset recovery Sherpa’s willingness to extend the BMA proceedings (Gabon) and Teodorin Obiang (Equatorial Guinea), and is considering possible actions to allow the to all continents. as well as members of their circles, were suspected of return of assets to populations. misappropriating the assets and public goods of their countries and of owning numerous luxury properties On October 27th 2017, Teodorin Obiang was and funds in bank accounts at French and foreign found guilty of money laundering, misuse of public banks operating in France. funds, laundering breach of trust and bribery and sentenced to three years in prison and a fine of 30 million euros; confiscation of his assets was also ordered. This conviction sends a strong message Sherpa’s work concerning the fight against impunity and large- In 2007, Sherpa, followed by Transparency Interna- scale bribery on an international level. Sherpa is tional France in 2008, filed an unprecedented lawsuit now focussing on how the misappropriated and against these heads of State for aggravated organised subsequently confiscated assets can be returned crime through misappropriation of public funds, misuse to the populations of the States of origin. of corporate property, concealment of abuse of trust and bribery, bribery of public officials and private

_ _ _ _ 30 31 SHERPA COMMUNICATION AND PUBLICATIONS

We have been visible in all the major French media, Communication from Envoyé Spécial on France 2, Quotidien on TMC to Le Monde, as well as Médiapart, La Croix, Le Figaro and Challenges, La Tribune, France Inter, France Info, the Huffington Post, radio RCF, Reporterre, Bastamag, RFI, l’Humanité, Marianne, LCI, and publications BFM, RTL and others!

Internationally, we were visible in the New York Times, the Financial Times, the Guardian, France 24, RFI, Deutschlandradio Kultur and Business Daily.

7099 SUBSCRIBERS IN DECEMBER 2017

7055 SUBSCRIBERS IN DECEMBER 2017

2017 was a landmark year for Sherpa in terms of visibility thanks to our advocacy victories and our litigation against BNP Paribas and Lafarge. With your support and commitment, we have marked historic milestones in the fight against corruption and corporate violations of human rights.

While communication spaces are monopolized by large corporations, our media visibility is important because not only does it allow us to flag up the issues on which we work, but also to make the voice of the communities and victims we represent heard.

_ _ _ _ 32 33 SHERPA COMMUNICATION AND PUBLICATIONS

Interventions and publications

Sherpa’s expertise was regularly Dissemination of the publication As well as the organisation 24 MARCH 26 AUGUST 7 NOVEMBER sought out in 2017, in particular of Caillet, M.-C., Guislain, M.-L. of and participation in "Business and Human Rights University ATAC in Toulouse, Webinar organised by RSE&PED on the law on the duty of vigilance, & Malbrand, T. La Vigilance numerous events: litigation in France: law and "Fight against the power of mass in partnership with Sherpa on the the mining and extraction sociétale en droit français. Legal practice?" organised by the distribution, the legal strategy theme "Duty of vigilance: from industries or the issue Study Sherpa, ed. Ritimo, col. Irish Centre for Human Rights, and the Auchan case" organised soft law to French law, which of access to justice. Passerelle, December 2016, 12 JANUARY National University of Ireland by Actionaid France - Peuples concept for which progress and Paris, 104 p. "How to take the environment Galway Solidaires which stakes?" into account?" at the École Cossart, S., Chaplier, J., des mines as part of the cycle 28 MARCH 4 OCTOBER 20 NOVEMBER & Beau de Loménie, T. (2017). "The state of scientific knowledge Conference at the European Conference organised by Ritimo, Conference at King’s College The French Law on Duty of and controversies on the current Parliament on the theme: Sherpa and the Observatoire des on the theme "The case of Vigilance: A Historic Step challenges of corporate liability." "Following the French duty of multinationales on the theme LafargeHolcim in Syria" Towards Making Globalisation vigilance law, how can the EU "Multinational and SLAPP : the Work for All. Business and 15 FEBRUARY Commission and Member States challenges of societal vigilance and 15 DECEMBER Human Rights Journal, 2(2), Evening organised by the ENSCI- make business accountable?" information" Webinar organised by RSE&PED 317-323. Les Ateliers and Rue de l’échiquier in partnership with Sherpa on for the launch of Alain Deneault’s 19 APRIL 5-6 OCTOBER the theme "Duty of vigilance: Alliot C., Cortin, M., Kurkjian, book "De quoi Total est-elle la Conference "Business and Human Consultation of the Office the judicial mechanisms for Maé., Lemaître, S., Ly S. & somme?" Rights" at the of the United Nations High implementation of the law" Parrinello, Q., La transparence Maison du Barreau, organised by Commissioner for Human Rights à l’état brut : décryptage de la 17 FEBRUARY the Grande Bibliothèque du Droit in Geneva on the theme "Human transparence des industries "Business and Human Rights Rights Due Diligence and Strict / extractives. Sherpa, ONE, Comparing experiences, a look 30 MAY Absolute Liability" Oxfam France & BASIC at the extraterritorial perspective" Presentation at the University report, April 2017, 62 p. organised by the International of Milan on the theme "Human 19 OCTOBER Catalan Institute for Peace in rights due diligence: moving from Presentation at the University of Beau de Loménie, T. & Cossart, Barcelona France to the EU level" Paris I Sorbonne on the theme S. Parties prenantes et devoir de "Crossing Perspectives on Ethics vigilance. Revue Internationale 21 FEBRUARY 12 JUNE and Environmental Justice" de la Compliance et de l’Ethique Evening debate at the French Presentation at the University of des Affaires, Supplément à La National Assembly on the Essex on the theme "French Duty 20 OCTOBER Semaine Juridique Entreprise et theme "Adoption of the Law of Vigilance Requirements" Speech at the RIODD Congress Affaires, No. 50, December 14th on the Duty of Vigilance: first on the theme "Corporate liability 2017, 42 - 47. historic step against impunity 15 JUNE and duty of vigilance: legal and of multinationals". Presentation at the Court of sociological perspectives" Cassation on the theme "Stakeholders as CSR players" 24 OCTOBER Conference organised by KPMG on "The Duty of Vigilance and Human Rights

_ _ _ _ 34 35 SHERPA TEAM

Team

The association brings together committed jurists, lawyers and specialists with diverse profiles and international Sherpa operates thanks to the commitment and the guidance of its board of directors, composed of : experiences. Sherpa also operates thanks to the commitment of its 8 trustees and the generous support of our Franceline Lepany, president; William Bourdon, Founder – president; Eric Alt, Vice president and secretary; volunteers. Special thanks to the four talented interns: Jean François, Claire de Hautecloque, Juliette Lhoms and Eric Moutet, treasurer; Jean Merckaert; Laurence Sinopoli; Chantal Cutajar; Mireille Delmas Marty. Oscar Oesterlé.

Sandra Cossart Marie-Laure Guislain Laura Rousseau Tiphaine Beau de Loménie Simon Quet Clara Gonzales Director Head of litigation in the Head of the Illicit Financial Legal expert - Globalisation Fundraising, Administrative and Globalisation and Human Globalisation and Human Flows programme and Human Rights Division Financial Manager Rights litigation and On November 1st 2017, Sandra Rights division communication officer became the director of Sherpa A lawyer specialised in She worked for the French He has worked in the Before taking on this role, she Admitted to the bar in 2009, she international and European law, Permanent Mission to the UN in humanitarian sector for 7 years, Jurist by training, she worked headed Sherpa’s Globalisation and worked in Argentina on economic she worked for four years in a Geneva and was a CSR adviser mainly in the field of access to along the civil parties in Human Rights programme for 8 and social rights in a human rights large public institution on issues for a consultancy firm. Within water and food, in South Sudan, the trial of Hissène Habré in years. organisation, on development relating to the fight against money the team, she focuses on the law Iraq and the Sudan and in the Senegal, with Human Rights projects management and in the laundering and terrorist financing, relating to the duty of vigilance Central African Republic. He Watch and then in the defence Sandra Cossart, admitted to the production of a documentary as well as in the field of financial of parent companies and of joined Sherpa in early 2018. of women’s rights in France. bar in 2000, started her career in on migrants. In Colombia, she security as an analyst in a bank. subsidiaries responsible for placing She joined the team international organisations, such supported communities displaced She joined Sherpa in 2018. orders. She joined Sherpa in 2016. in early 2018. as the European Parliament and by armed conflict in the protection the Council of Europe, before of their rights and natural working for several years in resources before joining Sherpa Moscow as head of a European in 2012. Union cooperation project in Russia. She then joined a law firm where she practised as a lawyer both advising and conducting litigation while involved in refugee aid associations. In 2002, she moved to London and developed a consulting business for Russian companies before joining the Business and Human Rights Franceline Lepany Resource Centre. She joined Sherpa in 2010. Welcome to our new President elected in December 2017

_ _ _ _ 36 37 COMMUNICATIONGLOBALISATION ET ET DROITS PUBLICATIONS HUMAINS

Budget

RESOURCES 2018: 404,386 EUROS

Operating subsidies 375 594

of which private foundations 358 753

of which public institutions 16 841

Donations from individuals 18 310

Miscellaneous income (services, accruals and deferrals) 10 482

EXPENDITURE 2018: 395,613 EUROS

Programmatic expenditure 313,397

Operating expenditure 82,216

Thanks to our partners Sherpa warmly thanks those who made the successes of 2017 possible, including: Graphic Design: Cécile Maingot cecilemaingot.fr Cécile Maingot Graphic Design: Since 2001, our team of lawyers has worked tirelessly and rigorously to use the law as a tool for a fairer globalisation. The year 2017 saw the results of these years of struggle: Sherpa created a unique legislative precedent to hold multinationals accountable for their actions around the world, summoned Lafarge executives before the courts for terrorist financing and endangering workers, pushed for the opening of investigation of crimes against humanity in Rwanda against the largest bank in Europe and suffered incessant legal attacks from the targeted groups.

Sherpa continues to change the world, step by step, trial after trial, legal memo after legal memo. To confront economic players sometimes more powerful than States, we need you.Your donations allow us to act and react in total independence, following no other agenda than that of restoring rights - their rights - to the people.

Thank you for your support.