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South Africa: Apartheid Debt & Reparations, 1
South Africa: Apartheid Debt & Reparations, 1
Date distributed (ymd): 021112
Document reposted by Africa Action
Africa Policy Electronic Distribution List: an information
service provided by AFRICA ACTION (incorporating the Africa
Policy Information Center, The Africa Fund, and the American
Committee on Africa). Find more information for action for
Africa at http://www.africaaction.org
+++++++++++++++++++++Document Profile+++++++++++++++++++++
Region: Southern Africa
Issue Areas: +economy/development+ +US policy focus+
SUMMARY CONTENTS:
A suit was filed today, November 12, in the New York Eastern
District Court against 8 banks and 12 other companies in six
Western countries for apartheid reparations, on behalf of the
Khulumani Support Group and individual "victims of state-sanctioned
torture, murder, rape, arbitrary detention, and inhumane
treatment." This posting contains a press release from the
Apartheid Debt & Reparations Campaign, a statement from the law
firm of Cohen, Milstein, Hausfeld & Toll, a list of the companies
that are the defendants, and a profile of the Khulumani Support
Group. Another posting distribued today contains excerpts from the
stories of individual plaintiffs who are parties to the case.
For additional background from the Apartheid Debt & Reparations Campaign,
see
http://www.africaaction.org/action/adrc0211.htm
+++++++++++++++++end profile++++++++++++++++++++++++++++++
PRESS RELEASE FROM APARTHEID DEBT & REPARATIONS CAMPAIG
Apartheid Debt & Reparations Campaign
Media Statement
EMBARGO: 11h00 (South Africa) Tuesday, 12 November 2002
Major Apartheid Reparations Suit Filed in US Court
For comment in South Africa please contact:
South Africa: Neville Gabriel, Spokesperson: Jubilee SA, cell. +27
83 449 3934; Ntombi Mosikare, Secretary General: Khulumani Support
Group, cell. +27 11 403 4098; Charles Abrahams, Legal Adviser:
Jubilee SA, cell. +27 82 560 7152
For comment in other countries, please see list at end of media
statement.
The full text of the filed complaint and other background
information is available at
http://www.cmht.com/casewatch/humanrights/apartheid.html
After four years of failed attempts to get multinational banks and
businesses that propped up the apartheid state to account for their
odious profiteering, the Khulumani Support Group and Jubilee South
Africa's Apartheid Debt & Reparations Campaign today announced that
a major complaint for apartheid reparations was filed last night in
the New York Eastern District Court on behalf of victims of
state-sanctioned torture, murder, rape, arbitrary detention, and
inhumane treatment.
"The corporations aided and abetted a crime against humanity whose
persistent social damage requires urgent repair," Jubilee South
Africa said in a statement issued today.
"They made massive profits while the suffering of the victims of
apartheid intensified. The banks and businesses have consistently
ignored our attempts to engage in discussion about their role in
supporting broad social programmes for the reconstruction and
development of affected communities and in compensating specific
individuals for the damage that the corporations made possible."
Thandi Shezi, one of the claimants from the Khulumani Support
Group, said: "Today we lay claim to our right to redress from the
banks and businesses that enabled gross violations of our human
rights."
"This is the only route left open to us to ensure that the truth is
known about the extent of corporate complicity in apartheid abuses
and that justice is delivered to those who suffered. The victims
cannot be left to pay for their own suffering. Multinational
corporations must be put on notice that complicity in crimes
against humanity does not pay," said the Khulumani Support Group.
The Apartheid Debt & Reparations Campaign, in consultation with its
international partner campaigns, instructed its lawyers, Michael
Hausfeld (USA) and Charles Abrahams (SA), to file the legal
complaint in the United States of America on behalf of the
Khulumani Support Group, a coalition partner organisation in
Jubilee SA. Khulumani is an organisation of about thirty-two
thousand victims of gross apartheid human rights violations.
The complaint names eight banks and twelve oil, transport,
communications technology, and armaments companies from Germany,
Switzerland, Britain, the United States, Netherlands, and France,
calling on them to contribute towards healing the damage caused by
their profiteering from apartheid by paying compensation to the
victims and reparations that will be used for reconstruction and
development programmes.
The Apartheid Debt & Reparations Campaign said: "In this claim, we
express our commitment to the future of apartheid's victims, to the
protection of human rights, and to the rule of law".
"This suit has been filed after extensive international
consideration of its legal and factual basis, and after thorough
consultation amongst key organisations. Further complaints of
similar weight in regard to other aspects of apartheid crimes will
be filed in coming months."
<ends>
For comment please contact:
South Africa: Neville Gabriel, Spokesperson: Jubilee SA, cell. +27
83 449 3934; Ntombi Mosikare, Secretary General: Khulumani Support
Group, cell. +27 11 403 4098; Charles Abrahams, Legal Adviser:
Jubilee SA, cell. +27 82 560 7152
Germany:Dieter Simon, German Campaign for Apartheid-Caused Debt
Cancellation & Reparations / Koordination Suedliches Africa (KOSA),
tel. +49 521 986 4851; Anna Jung, German Campaign for
Apartheid-Caused Debt Cancellation & Reparations / Medico
International, tel. +49 69 944 3827; Gottfried Wellmer, German
Campaign for Apartheid-Caused Debt Cancellation & Reparations, tel.
+49 228 69 4792
Switzerland:Mascha Madoerin, Swiss Camapign for Apartheid-Caused
Debt Cancellation & Reparations / Aktion Finanzplatz Scweiz, tel.
+41 61 693 1700; Joe Elsener, Swiss Campaign for Apartheid-Caused
Debt Cancellation & Reparations / Bethlehem Mission, tel. +41 41
375 7223
USA:Salih Booker, Director: Africa Action, tel. +1 202 546 7961;
Bill Fletcher, Director: TransAfrica, tel. +1 202 223 1960; Michael
Hausfeld, Cohen, Milstein, Hausfeld & Toll PLLC, tel. +1 202 408
4600
Britain: Euan Wilmshurst, Director: Action for Southern Africa
(ACTSA), tel. +44 20 7833 3133; Aditi Sharma, Campaigns
Manager: Action for Southern Africa (ACTSA), tel. +44 20 7833 3133
Netherlands:Peter Hermes, Director: Netherlands Institute for
Southern Africa (NIZA), tel. +31 20 520 6210
Note: The text of the complaint includes brief descriptions of the
human rights violations and damages suffered by each of the named
plaintiffs.
N
LIST OF DEFENDANTS
1. 20 Corporations and banks are cited as defendants in the
Complaint. These defendants are all foreign corporations and banks.
In alphabetical order they are:
1.1 Barclays National Bank
1.2 British Petroleum P.L.C.
1.3 Caltex Petroleum Corporation
1.4 Citigroup
1.5 Commerzbank
1.6 Credit Suisse
1.7 Daimler Chrysler
1.8 Deutsche Bank
1.9 Dresdner Bank
1.10 Exxon Mobil Corporation
1.11 Fluor Corporation
1.12 Ford Motor Company
1.13 Fujitsu ICL. (previously International Computers Limited)
1.14 General Motors
1.15 International Business Machines (IBM)
1.16 J.P. Morgan Chase (Chase Manhattan)
1.17 Rheinmetall
1.18 Royal Dutch Shell
1.19 Total Fina-Elf
1.20 UBS
2. The above corporations and banks are divided as follows into the
various countries of origin:
2.1 From the United States of America (USA)
2 US Banks: Citigroup, J.P. Morgan Chase (Chase Manhattan)
6 US Corporations: Caltex Petroleum Corporation, Exxon Mobil
Corporation, Fluor Corporation, Ford Motor Corporation, General
Motors, International Business Machiness (IBM)
2.2 From the United Kingdom (UK)
1 Bank: Barclays National Bank
2 Corporations: British Petroleum P.L.C., Fujitsu ICL. (previously
International Computers Limited)
2.3 From the Federal Republic of Germany
3 Banks: Commerzbank, Deutsche Bank, Dresdner Bank
2 Corporations: Daimler Chrysler, Rheinmetall
2.4 From Switzerland
2 Banks: Credit Suisse Group, UBS
2.5 From France
1 Corporation: Total-Fina-Elf
2.6 From The NetherlandsN 1 Corporation Royal Dutch Shell N
3. The aforesaid corporations are divided into the following
industries:
3.1 Oil Industry (6 Corporations): Exxon Mobil, Shell Oil
Corporation, Caltex, British Petroleum, Fluor Corporation,
Total-Fina-Elf
3.2 Armament Industry (1 Corporation): Rheinmetall
3.3 Banking Industry (8 Banks): Barclays National Bank, Citigroup
Incoporated, Commerzbank, Credit Suisse Group, Deutsche Bank,
Dresdner Bank, J.P. Morgan Chase (Chase Manhattan), UBS
3.4 Transportation Industry (3 Corporations)
Ford Motor Corporation, Daimler Chrysler, General Motors
3.5 Technology Industry (2 Corporations): Fujitsu ICL (previously
International Computers Limited), International Business Machines
(IBM)
STATEMENT BY COHEN, MILSTEIN, HAUSFELD & TOLL
Cohen, Milstein, Hausfeld & Toll
Washington, DC
http://www.cmht.com
Tel: +1 202 408 4600
E-mail: lawinfo@cmht.com
November 12, 2002
Khulumani et al. v. Barclays et al.
Today the law firm of Cohen, Milstein, Hausfeld & Toll, P.L.L.C.
along with other firms in the United States, joins with the South
African firm, Abrahams Kiewitz, in filing a complaint that seeks to
hold businesses responsible for aiding and abetting the apartheid
regime in South Africa in furtherance of the commission of the
crimes of apartheid, forced labor, genocide, extrajudicial killing,
torture, sexual assault, and unlawful detention.
The world community recognized apartheid itself as a crime against
humanity and a violation of international law. Apartheid could not
have been maintained in the same manner without the participation
of the defendants.
The lawsuit, Khulumani et al v. Barclays et al., was filed late
this afternoon in federal court in the Eastern District of New
York. The suit is based on common law principles of liability and
on the Alien Tort Claims Act, 28 U.S.C. 1350, which grants U.S.
courts jurisdiction over certain violations of international law,
regardless of where they occur.
Twenty-two businesses, representing six industry types, have been
named as defendants in the suit. The complaint seeks to hold those
businesses, which the suit claims aided and abetted the apartheid
regime, responsible. For example: IBM and ICL provided the
computers that enabled South Africa to create the hated "pass book
system" and to control the black South African population. Car
manufacturers provided the armored vehicles that were used to
patrol the townships. Arms manufacturers violated the embargoes on
sales to South Africa, as did the oil companies. The banks provided
the funding that enabled South Africa to expand its police and
security apparatus.
Recent historical evidence demonstrates that the involvement of
companies in the key industries of mining, transportation,
armaments, technology, oil, and financing were not only
instrumental to the implementation of the furtherance of the
abuses, but were so integrally connected to the abuses themselves
that apartheid would probably not have occurred in the same way
without their participation. Michael D. Hausfeld, the lead counsel
in the suit said, "Apartheid was an institutionalized system of
racial disenfranchisement, forced labor, and criminal domination.
It sought to and did exploit and degrade the black South African
population for a criminal purpose, through criminal means. Our
complaint seeks a measure of justice from those entities which
aided or abetted the commission of this atrocity."
About Khulmani Support Group
Organizational History
Our organization, the Khulumani Support Group works to assist
victims of apartheid-era violence. Through victim empowerment and
direct aid, we support victims in their struggle for personal and
community reconciliation, thereby restoring their dignity and
integrating them into mainstream society.
Khulumani (meaning "Speak Out" in Zulu) is a national organization
with its national headquarters located in Johannesburg. Initially,
Khulumani was created as a subsidiary of South Africa's Centre for
the Study of Violence and Reconciliation. Although we maintain very
close ties with CSVR, since 1999 we have officially and practically
functioned as an autonomous organization. Our eight-member fulltime
staff, work both in the national office and within all nine
provinces. Over half of the staff are survivors of apartheid-era
violence.
Additionally, we have an active eight-member board, whose members
represent various human rights groups. There are approximately
32,700 members of Khulumani. In order to meet the needs of our
widespread membership, we operate by supporting over 70
community-based chapters in all nine of South Africa's provinces.
These chapters vary in size, ranging from our smaller groups of
10-15 to larger groups of up to 120, as well as in active
involvement in our programming
Khulumani was established in 1995, by the survivors and families of
the victims of the political violence that ensued during the
apartheid era. KSG was first formed in response to the creation of
the Truth and Reconciliation Commission. Our primary purpose was to
ensure that the victims had the support they needed in order to
speak out about their personal experiences with the human rights
atrocities that were committed during the apartheid regime.
Throughout the TRC process KSG helped victims obtain and fill out
applications and appeals, coordinated meetings with TRC officials,
provided individual and group counselling for victims throughout
their testimonies in order to utilize the official process of truth
telling for survivors to reclaim their victimization and their
dignity. Khulumani also advocated the government on behalf of the
victims to give them a voice throughout the creation and
implementation of the TRC.
In addition to working alongside the TRC process, we also strived
to create innovative programs to broaden victim's personal
reconciliation processes beyond the scope of the TRC. Once the TRC
stopped taking statements in 1998, these programs became the main
focus of Khulumani's work and have continued to drive our
organization. Some of our most successful achievements have been
the implementation of the following programs, which we also
continue to implement even after the life of the TRC:
- Socio-economic support: We provided direct medical assistance to
over 220 victims and their families. Provided educational
assistance to more than 100 children. Given more than 50
wheelchairs to disabled people.
- Counselling: Khulumani's counselling sessions give victims the
opportunity to gain support and draw strength through shared
experiences. We also give referrals to individuals in need of
additional psychological care. Our facilitators and staff receive
training around psychological healing.
- Disappearances and exhumations: Khulumani supports many of the
families of the disappeared by offering special counselling groups
and seminars in conjunction with CSVR's Disappearances project.
- Educational and legal workshops / Info dissemination: we have
implemented several workshops to provide information to victims
concerning their rights as well as relevant political and economic
developments. Educational workshops around the lawsuits have been
conducted in more than five provinces.
- Reparations: Khulumani continued to lobby the government for the
implementation of promised community and individual reparations as
a critical element of the reconciliation process. Although that the
TRC has closed down, the TRC continues to issue out applications
for reparations to the recently declared victims of apartheid. Our
trained staff and facilitators continue to assist victims and their
families with appeals and reparations applications.
- Apartheid Debt and Reparations: Khulumani has been an active
member of Jubilee South Africa since 1999. It has also been an
active member of the Apartheid Debt and Reparations Task Team of
Jubilee South Africa since its inception in 2000 and is one of an
8 member reference group that guides the work of the current
Reparations claims campaign. Khulumani has informed and educated
its membership through its provincial structures, of the
International Reparations legal claim. Together with Jubilee
Khulumani support victims in their actions around the June 16
anniversary of the Soweto uprising with actions and support also
coming from Jubilee structures in Switzerland, Germany and the
United Kingdom. .
- Reconciliation Workshops: Some provinces like KZN, Free State and
East Rand in Gauteng where people exceedingly experienced internal
conflicts have shown interest in personal reconciliation. As in
situations of intense trauma, the victims' capacity to cope and
take responsibility for moving forward with their lives is largely
dependent on their ability to make some sort of peace with the
past. This process is severely hindered as a result of the
continuing tensions of the past, creating an environment in which
it is difficult, if not impossible to reconcile especially if they
are living across the street or next door each other. Continued
reconciliation workshops are needed in these communities
This material is being reposted for wider distribution by
Africa Action (incorporating the Africa Policy Information
Center, The Africa Fund, and the American Committee on Africa).
Africa Action's information services provide accessible
information and analysis in order to promote U.S. and
international policies toward Africa that advance economic,
political and social justice and the full spectrum of human rights.
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