The French firm TotalEnergies was before the French courts this Wednesday, December 7 following a legal action launched in 2019 by a group of six French and Ugandan NGOs against the oil project of Total in Uganda and Tanzania. After various procedural referrals, the lawyers of the two parties were able to plead. Summary of hearing with Charlotte Cosset.
At the Paris court on Wednesday, it was the plaintiff who spoke first. This is the first time that a company is assigned under the duty of vigilance law adopted in March 2017.
Friends of the Earth, Survie and four Ugandan NGOs therefore attempted to demonstrate how TotalEnergies failed to fulfill its duty of care in Uganda and Tanzania. For this, the lawyers detailed the shortcomings, according to them, of the vigilance plan of the oil firm. But they also highlighted the urgency and seriousness of perceived perils on the ground, such as human rights abuses and imminent damage to the environment.
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” The case is emblematic, let’s not be afraid of words “said one of the lawyers for the plaintiff. It is, according to her, “ to put an end to the impunity of multinationals on their activities abroad “.
” We remain hopeful because our evidence and our case are very solid. It is hoped that the judge will finally order Total to take concrete measures to put an end to these human rights violations and these risks of irreversible damage to the environment. said Juliette Renaud, campaign manager for Friends of the Earth.
” We are out of place »
Total’s defense denounced this ” obstinacy “to want to make it an emblematic case and criticized a” maximalist vision » NGOs. The oil major’s lawyers did not plead on the merits of the case, unlike the plaintiffs. They preferred to stick to a formal argument, detailing the points according to which this case would not be admissible in a procedure concerning the duty of vigilance.
For the major, claims on the issues of compensation for land and food aid, for example, do not come under it. They also argued for the Ugandan subsidiary’s autonomy from Paris. ” We are out of place “, concluded the defense, specifying that Total is ready to enter into mediation, conciliation.
“Legal aspects that do not hold water »
A position described as “tragic” by MEP Pierre Larrouturou who regrets that ” Total’s lawyers refused to talk about the merits and remained on legal aspects that do not hold water “.
” Total Uganda is a 100% subsidiary of TotalEnergies. It was Patrick Pouyané himself who went to Kampala to sign the investment decision. And if they make a profit, they will return 100% to TotalEnergies. It’s tragic to see how Total’s lawyers fled the debate. They don’t want to talk about the climate problem or biodiversity “, he added. Solicited at the exit of the hearing which was put under deliberation on February 28, TotalEnergies did not wish to react.