Challenges in Pursuing Justice for Victims of Corporate Human Rights Abuse in Germany
This content highlights the hurdles faced in seeking justice for victims of corporate-related human rights abuses in Germany, focusing on specific cases such as the Merowe Dam in Sudan, the Danzer case in DR Congo, and the Rana Plaza building collapse in Bangladesh. It discusses litigation problems, including limitations under German law, lack of liability for parent companies, and difficulties in prosecuting corporations for crimes.
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Access to Justice in Germany for victims of corporate related human rights abuse Dr. Remo Klinger Geulen & Klinger Rechtsanw lte (Berlin) 28.02.2025 Access to Justice 1
Merowe dam case (Sudan) The Merowe dam construction in the north of Sudan is the biggest hydropower project in Africa to date. According to conservative estimates 40,000 people have been affected by the construction of the dam and the associated resettlements. The German company Lahmeyer International GmbH was responsible for the construction planning, construction supervision and control of the commissioning of the dam and the hydropower plant. Lahmeyer began construction even though the resettlement plans had not been fully negotiated with the affected population - as demanded by international World Bank standards. Litigation problems: No class actions under German law; Statue of limitation running for non- plaintiffs 28.02.2025 Access to Justice 2
Danzer case (DR Congo) On May 2, 2011, a unit of local security forces entered the village of Bongulu in quateur province, DR Congo. According to eyewitnesses, around 60 soldiers and police went on a rampage, beating numerous villagers and raping several women and girls. The security forces used the vehicles of a timber company, Siforco S.A.R.L. at the time a subsidiary of the German-Swiss Danzer Group. Not only did the company provide the vehicles and drivers, the local manager of the Danzer subsidiary also paid the soldiers and police after the raid. Litigation problems: a) Corporations cannot be prosecuted for crimes under German law b) No direct liability for a parent company 28.02.2025 Access to Justice 3
Collapse of Rana Plaza building in Dhaka Bangladesh 24th April 2013 1134 people died 28.02.2025 Access to justice 4
The collapse of the Rana Plaza factory building in April 2013 in Dhaka, Bangladesh and the fire at Ali Enterprises in Karachi, Pakistan in September 2012 are two particularly drastic examples of the inhumane working conditions endured in southern Asia by those producing goods for the European market. Factories involved in the Rana Plaza disaster had been audited. The auditions of the Rana Plaza factories were only a few months before the collapse of the building and made by the T V Rhineland India Ltd. a 100 % subsidiary of the German T V Rhineland. Litigation problems: a) Audition contract as a contract with protection on behalf of third parties? b) No pre-trial discovery under German law: How to get the contracts? c) Liability for the subsidiary in Germany or sueing in India/Bangladesh? 28.02.2025 Access to Justice 5
Ali Enterprise Textile Factory Fire in Karachi The factory of Ali Enterprise in the Hub Road, Karachi (Pakistan) burned down completely on 11th September 2012. It s the worst accident in Pakistan industry history. 289 people died. Most of all windows were barred. The emergency exits were blocked. The factory produced to 75 100% for the German KiK Textilien & Non-Food GmbH. 28.02.2025 Access to justice 6
Litigation problems under German law: a) High costs of litigation ( loser pays it all -principle). b) Liability for supply chain company? c) Strict burden of proof for causation between the locked windows/doors and the death of the victims. d) Statue of limitation is running for non-plaintiffs. Find a way out: a) Foundation takes the costs risk of the litigation. b) Negotiations with the KiK company: They agreed to block the limitation period at least until end of 2016. c) We don t want the German law! (Art. 4 Abs. 1 (EC) No. 864/2007 ( Rom II ): law of the country is applicabel where the damage occured, here: Pakistan (lex loci damni); there are prescedent cases under Paki law which gives liability to a de-facto-chief and shifts the burden of proof in similar constellations. On 13 March 2015, four of the victims filed a compensation claim against KiK at the Regional Court in Dortmund. 28.02.2025 Access to Justice 7
Zur Person Rechtsanwalt Dr. Remo Klinger Geulen & Klinger Rechtsanw lte Schaperstra e 15 10719 Berlin www.geulenklinger.com klinger@geulen.com Tel.: 030-884 72 80 Fax: 030-884 72 810 28.02.2025 8
