A milestone victory for the 145 Cameroonian plaintiffs in their legal action against Socapalm (Société Camerounaise de Palmeraies) and its parent company Socfin. With the backdrop of the question of the role of the French group Bolloré.
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Based on the law on “ duty of vigilance » of French multinationals, last Friday, in France, the Nanterre court ordered the company Socfin to pay 140,000 euros to the plaintiffs. Because she did not give the complainants all of the documents she was supposed to send to them on time. Namely: the complete minutes of general meetings. Documents which were to allow the complainants to assess the influence of the shareholder Bolloré in the decisions of Socfin,
The challenge – ultimately – for the plaintiffs is to be able to hold the French multinational liable. Did the Bolloré group fail in its duty of vigilance or not? An obligation enshrined in French law since 2017. According to this text, parent companies must ensure that their subsidiaries, direct or indirect, their subcontractors and suppliers, respect human rights, fundamental freedoms, health, personal safety and the environment.
However, the plaintiffs are residents of an oil palm plantation operated by Socapalm in the southern region of Cameroon. They denounce the non-respect of their right of access to their land and the pollution of the surrounding nature.
At the end of 2022, the Versailles Court of Appeal ordered Socapalm and Socfin (Rubber Financial Company) of which Bolloré is a shareholder to provide copies of the minutes of their general meetings. Socapalm did it, but Socfin did not commit to it completely.
In addition to the 140,000 euros to be paid, the Company domiciled in Luxembourg will have to pay 4,000 euros per day of delay if it does not present the documents. And if she does not do so, lawyer Fiodor Rilov who represents the Cameroonian plaintiffs promises to return to the Nanterre court in the coming weeks.