Comilog case in the Republic of the Congo
For justice beyond
borders
Why was legal action taken against Comilog?
Sherpa reminds 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.
This legal action stems from a train wreck in 1991 on a railway connecting the manganese mine in Moanda, Gabon, to the port of Pointe Noire, Congo. The Compagnie minière de l’Ogooué (COMILOG) subsequently laid off 955 employees without advanced notice or indemnities. While several employees challenged the dismissals in Congolese courts, they were unable to gain any reparations due its failure to deliver a judgement.
In 2007, with the support of Sherpa and the Collectif des anciens travaillers de la Comilog (Collective of Former Employees of Comilog), 857 ex-employees brought a lawsuit against Comilog and its French subsidiaries to the Paris Employment Tribunal.
For the jurisdiction of French courts to be recognized, the case relied on several elements. According to the plaintiffs, the French subsidiaries of Comilog should have been considered co-employers, which would extend French jurisdiction to Comilog as a co-defendant. In addition, French courts’ jurisdiction was necessary to avoid a denial of justice, based on the forum necessitatis doctrine.
After a judicial marathon spanning ten years, French courts eventually declined jurisdiction in the case. They also maintain a narrow interpretation of the notion of co-employment and the forum necessitatis rule.
This case demonstrates the necessity of granting access to justice for victims while guaranteeing the jurisdiction of French courts, as well as collective redress.
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 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.
