Rio Tinto wins end to human rights abuse lawsuit in U.S.Fri Jun 28, 2013 2:47pm EDT* Bougainville residents sued over activity linked to mine* 9th Circuit rules after top U.S. court narrows law’s reachBy Jonathan StempelJune 28 (Reuters) – Benefiting from a recent U.S. Supreme Court decision, Rio Tinto Plc has won the dismissal of a nearly 13-year-old U.S. lawsuit accusing the Anglo-Australian mining company of complicity in human rights abuses on the South Pacific island of Bougainville.Friday’s ruling by a majority of an 11-judge panel of the 9th U.S. Circuit Court of Appeals ends litigation begun in 2000.Roughly 10,000 current and former Bougainville residents had sought to hold Rio Tinto responsible for human rights violations and thousands of deaths linked to polluting a copper and gold mine it once ran.The ruling follows the Supreme Court’s April 17 decision in Kiobel v. Royal Dutch Petroleum Co, where the justices limited the sweep of a 1789 U.S. law that lawyers had used for roughly three decades to fight human rights abuses worldwide.Five justices said the Alien Tort Statute was meant to cover international law violations occurring in the United States, and that violations elsewhere must “touch and concern” U.S. territory “with sufficient force” to displace that presumption.The Bougainville residents alleged that after workers in 1988 began to sabotage the Rio Tinto mine, the company goaded Papua New Guinea’s government to exact retribution and conspired to impose a blockade, leading to thousands of civilian deaths.On April 22, the Supreme Court threw out an earlier 9th Circuit ruling that let the lawsuit proceed, and asked it to revisit the matter in light of Kiobel.Steve Berman, a lawyer for the Bougainville plaintiffs, did not immediately respond to requests for comment.He had asked the 9th Circuit to send the case back to the Los Angeles district court so that his clients could try to proceed with other claims, “sans invocation of the ATS.”Kiobel was also cited this week by a Virginia federal judge who dismissed a lawsuit accusing defense contractor CACI International Inc of conspiring to torture detainees a decade ago at the Abu Ghraib prison in Iraq.The judge in that case said that because the alleged abuse occurred outside the United States, he lacked jurisdiction to consider claims by four former detainees. They plan to appeal.The case is Sarei et al v. Rio Tinto Plc et al, 9th U.S. Circuit Court of Appeals, No. 02-56256.
Iron foundry worker and Mayor of South Shields, Great Grandpa Linney
above: walking by the corner of Ocean Road and Mile End Road, Mayor’s sunday 1932
…among many other things, timekeeper for The Basin Football Club, Vic. Australia (circa 1970-1980), formerly trolley bus driver, iron-foundry work, ships stoker (on The Welshman – Malta Convoy, and others), service 1940-1943, sunk three times, a.w.o.l. in Tunisia, Libya, Egypt 1944, returned to service 1944-45, demobbed 1945, emigrated to Australia, painter (of houses), and singer of songs.
Destroying the planet is the gothic of today and no bat in a cloak can swoop down from up high, like some inverted interbred vampire out of Capital, to redeem us. The bad debts pile up; floods, strange weather, drought, fire, starvation and death, compounded, if not outright caused, by a mercenary human aggression with less morality than wasps.
Large dams, mining, war, pollution, an obscenity that abides in the love of wealth and power. Suited monstrosities of corporation, Government, banking and science. In politics, Machiavelli would need rescue remedy today – appalled and embarrassed he would be.
I sit outside in the dull acid rain typing.
(yes SF, I know Russ is not the bat’s dad x)
‘If an academic includes empirical details in her essays, joins demonstrations, participates in international conferences with political-sounding titles, and engages in solidarity tourism, we think of her as an activist’ (Spivak 2008:89)
That such an activist can be simply ignored by the World Bank etc., (when not directly employed by the same) and is manifestly some distance from the subaltern (who speaks or not) is of a type with her close relative:
‘The liberal Euro-US academic, unceasingly complicitous with the text of exploitation, possibly endorsing child slavery every time s/he drinks a cup of tea, paying taxes to destroy survival ecobiomes of the world’s poor and bomb innocent African villages by mistake, sometimes mouthing a “Marxism” liber-humanized out of existence, and talking no doubt against military aggression, profoundly irresponsible to the academics one obligation of not writing on something carelessly read … to them belongs the happy euphoria of being in the right’ (Spivak 2008:71)
Me and you both.
AC/DC http://www.youtube.com/watch?v=FX05dWBoeUs – accessed April 7 2008
Marilyn Manson http://www.youtube.com/watch?v=bOWmTyrz1RA – accessed April 9 2006
Doco http://www.youtube.com/watch?feature=related&v=1ljXnV4Ibpk – accessed April 7 2008
Comic stuff: http://gocomics.typepad.com/the_sandbox/2008/03/5-years-1-year.html – accessed March 27 2008