Michelin case in India
For justice beyond
borders
Why was a specific instance filed concerning Michelin ?
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.
In November 2009, Michelin obtained land from the Indian government near the village of Thervoy in India and started the construction of a tire factory. The local authorities ceded the land to the company without consulting its inhabitants, many of whom are Dalits, one of India’s most marginalised groups. The construction led to the destruction of 450 hectares of forest that surrounded the village, used for agricultural and pastoral activities, depriving the population of its main means of subsistence.
In 2012, Sherpa and its partners filed a specific instance against Michelin before the French National Contact Point (NCP) of the OECD for violations of the Guidelines for Multinational Entreprises.
Throughout the dialogue with the NCP, issues continue to arise, such as the exclusion of affected individuals from meetings, the lack of accessibility for non-francophones, the refusal to share information and essential documents, restrictions around public communication on the process, etc.
Due to these limitations, Sherpa and the inhabitants of Thervoy decided to rescind the case brought before the NPC: a first experience of the inefficiency of this mechanism, that Sherpa has been denouncing since then.
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.
