Bolloré Socapalm case in Cameroon
For justice beyond
borders
Why a legal action brought against Bolloré?
Sherpa recalls that any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
Socapalm, an indirect subsidiary of Bolloré SE, is the most important palm oil company in Cameroon. In 2010, Sherpa, along with three other associations, referred to the OECD’s non-judicial mechanism by filing a specific instance before the French, Belgian and Luxembourg National Contact Points (NCPs) regarding Socapalm’s activities and social, environmental and land issues affecting local communities and workers.
In 2013, mediation between Sherpa and Bolloré led to the conclusion of an action plan, under which Bolloré committed to use its influence to remedy these problems on and around the plantations.
Since Bolloré did not execute the agreement, Sherpa, the Amicale des Villages Riverains de la Plantation Socapalm Edéa, FIAN-Belgium, Forêts et Développement Rural, the GRAIN Foundation, Bread for All, ReAct Transnational, the National Justice and Peace Service, and trade union SATAM, filed a legal action against the French multinational to request the forced implementation of this action plan.
This case highlights the failure of non-judicial mechanisms such as the NCP, which can be used by multinationals to avoid their responsibilities. As Bolloré sued Sherpa and its partners for defamation, it also underlines the importance of the work carried out by NGOs against Strategic Lawsuit Against Public Participation, procedures that aim to stifle the exercise of freedom of expression through judicial intimidation.
Timeline
Key dates
Impact
Why initiate legal action?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate an contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
