Power Transfers Lawsuit Towards Greenpeace Is an Try and Drain Our Assets and Silence Dissent — International Points


Daniel Simons
  • by CIVICUS
  • Inter Press Service

Apr 04 (IPS) –
 

CIVICUS speaks with Daniel Simons, Senior Authorized Counsel Strategic Defence for Greenpeace Worldwide, concerning the lawsuit introduced by an oil and gasoline firm towards Greenpeace and its broader implications for civil society. Greenpeace is a worldwide community of environmental organisations campaigning on points reminiscent of local weather change, disarmament, forests, natural farming and peace.

What prompted Power Switch to take authorized motion towards Greenpeace?

The route of the Dakota Entry Pipeline crosses beneath the Missouri River a brief distance from the reservation of the Standing Rock Sioux Tribe. In April 2016, tribal members arrange prayer encampments to specific their opposition to the development. They anxious that websites of cultural significance could be broken, and that the pipeline would possibly contaminate the river, the Tribe’s water supply.

Power Switch took a lot of provocative actions. It sued the Tribe’s chairperson and different contributors within the Indigenous resistance, and never lengthy after, bulldozed an space lower than 24 hours after the Tribe had filed a declaration in court docket stating there have been burial grounds and assets of cultural significance within the space. These occasions coincided with an enormous development in consideration for and attendance on the camp.

Power Switch alleges that the Greenpeace defendants had been in some way the masterminds, coming in and secretly organising the whole lot that occurred in the course of the Standing Rock protests, and that this included trespassing, property harm and creating public nuisance. The corporate additionally accuses the Greenpeace defendants of defamation, complaining about 9 statements specifically. Moreover, Power Switch claims Greenpeace’s actions delayed the refinancing of the pipeline’s building mortgage, inflicting monetary hurt to the corporate.

What was Greenpeace’s precise involvement within the protests and its relationship with Indigenous communities?

Greenpeace – together with Greenpeace Inc and Greenpeace Fund, each based mostly within the USA, and Greenpeace Worldwide, a Dutch basis – performed solely a restricted function within the protests. Greenpeace Inc had some connections to the Indigenous communities at Standing Rock; as I perceive it, the connection was respectful however not intensive.

Greenpeace Inc supported the protests by funding 5 trainers from an impartial Indigenous community to offer coaching on non-violent direct motion for 2 weeks, conducting provide drives for the camps, offering short-term employees primarily to assist with getting ready the camp for winter and donating some lock bins that protesters may use to type a human chain, though no proof suggests they had been ever used. It additionally printed articles and co-signed two letters to banks containing the 9 statements Power Switch now claims are defamatory. These statements had already been extensively reported by media and United Nations our bodies earlier than Greenpeace’s involvement.

In line with an Indigenous activist who testified in court docket, Greenpeace Inc was current however adopted the lead of individuals on the bottom. Its involvement was so minimal that the majority tribal nations at Standing Rock wouldn’t even have been conscious of it. The activist described claims that Greenpeace managed the resistance as ‘paternalistic’ and emphasised that many Indigenous leaders had the power to run a fancy motion and have interaction with media themselves.

Greenpeace Worldwide’s solely related motion was signing an open letter led by the Dutch civil society organisation BankTrack, alongside 500 different organisations. In the meantime, Greenpeace Fund had no involvement within the Standing Rock resistance, but Power Switch argues that sharing assets reminiscent of workplace area and speak to particulars with Greenpeace Inc makes it liable.

How is Greenpeace defending itself and what affect has the lawsuit had on its operations?

We argue that Power Switch has drastically exaggerated our function within the protests and is making an attempt to get better prices which can be all unrelated to our actions. There may be simply no proof of any hyperlink between the Greenpeace defendants’ actions and the damages the corporate claims. And there may be actually no hyperlink to any act of violence or property harm.

Greenpeace Worldwide has additionally taken authorized motion within the Netherlands, utilizing the brand new European Union anti-SLAPP directive for the primary time to problem what we view as an try to empty our assets and silence dissent. Defending ourselves has required important monetary and personnel assets. Whereas Greenpeace has the capability to combat again, there are issues that such lawsuits may deter smaller or much less skilled organisations from difficult the highly effective US oil and gasoline trade – which seems to be one of many objectives of this case.

What are the subsequent steps within the authorized proceedings and the way do you see this case resolving?

Whereas the jury has reached a verdict that determined the Greenpeace defendants should pay US$666 million for defamation and the opposite claims, the choose nonetheless must enter a ultimate judgment. There are apparent points with jury verdict and we’re within the means of difficult these. Greenpeace Inc and Greenpeace Fund have already introduced they are going to enchantment to the North Dakota Supreme Courtroom. In the meantime, Greenpeace Worldwide is pursuing its case towards Power Switch within the District Courtroom of Amsterdam, with the primary procedural listening to scheduled for two July.

The battle is way from over. Greenpeace is decided to defeat these claims and maintain Power Switch accountable for submitting repeated SLAPP fits. This combat extends past Greenpeace – it issues the safety of freedom of expression. An assault on one is an assault on all, and we hope civil society will stand with us.

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