Defend the Alien Tort Claims Act (ATCA)
The Alien Tort Claims Act (ATCA) allows foreign victims of human rights abuses to sue perpetrators in United States courts. For example, citizens of Myanmar (Burma) filed a suit against Unocal, a U.S. company, for its role in supporting atrocities committed by the military against rural villagers. The complaint alleged that because the company hired the Military to help construct and protect a natural gas pipeline, it should be held as an accomplice in crimes against humanity, which included forced labor, torture, rape and murder. The plaintiffs scored a major victory in December 2004 when the parties agreed to settle the lawsuit, ensuring that the villagers will receive some form of compensation for their losses. For those living in developing nations that may be unwilling or unable to hold powerful companies and individuals accountable for serious human rights abuses, the Alien Tort Claims Act may be their only chance at achieving justice.
Despite bitter opposition from both the Bush Administration and business interests, last year the Supreme Court expressly upheld the ATCA in the case of Sosa v. Alvarez-Machain. This decision may clear the way for several upcoming cases which consider the role that corporations, such as Chevron (CVX) and ExxonMobil (XOM), allegedly played in serious human rights abuses abroad. While taking no position on the merits of pending cases, the Business and Human Rights Program at Amnesty USA supports the ATCA and efforts by individuals to make companies accountable for their actions no matter where in the world they operate. We anticipate that the battle over the ATCA may now shift from the courts to the Congress, and are making preparations to call on you for action at the appropriate time.
- Additional Resources:
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- Impunity on Trial: How a US Law is Helping Victims Hold Individuals and Corporations Accountable for the Most Serious Human Right Violations, January 2005
- Amnesty Now - Courting Justice, Fall 2004
- Letter to the Editor - Foreign victims can still seek US justice, July 12, 2004
- Press Release - USA: Core Principles of Alien Tort Claims Act Upheld, June 29,2004.
- Amnesty International USA report - Environmentalists Under Fire, explains how the International Labor Rights Fund used the ATCA to file a civil suit against ExxonMobil (XOM) on behalf of 11 villagers in Aceh, Indonesia and how the US Administration's position on the case clearly subordinates human rights concerns to commercial interest.
- On Other Websites:
- Business and Human Rights Resource Center, an independent organization in partnership with Amnesty International Business Groups and leading academic institutions
- No Save Haven
- Center for Constitutional Rights
- Center for Justice and Accountability
- International Labor Rights Fund
