Accusations of complicity in war crimes
In her book Affärer i blod och olja: Lundin Petroleum i Afrika[44] (Business in blood and oil: Lundin Petroleum in Africa) journalist Kerstin Lundell claims that the company had been complicit in several crimes against humanity, including death shootings and the burning of villages.[45]
In June 2010, the European Coalition on Oil in Sudan (ECOS)[46] published the report Unpaid Debt,[47] which called upon the governments of Sweden, Austria and Malaysia to look into allegations that the companies Lundin Petroleum, OMV, and Petronas have been complicit in the commission of war crimes and crimes against humanity whilst operating in Block 5A, South Sudan (then Sudan) between 1997 and 2003. The reported crimes include indiscriminate attacks and intentional targeting of civilians, burning of shelters, pillage, destruction of objects necessary for survival, unlawful killing of civilians, rape of women, abduction of children, torture, and forced displacement. Approximately 12,000 people died and 160,000 were forcibly displaced from their land and homes, many forever. Satellite pictures taken between 1994 and 2003 show that the activities of the three oil companies in Sudan coincided with a spectacular drop in agricultural land use in their area of operation.[48]
Also in June 2010, the Swedish public prosecutor for international crimes opened a criminal investigation into links between Sweden and the reported crimes. In 2016, Lundin's Chairman Ian H. Lundin and CEO Alex Schneiter were informed that they were the suspects of the investigation. Sweden's Government gave the green light for the Public Prosecutor in October 2018 to indict the two top executives.[49] On 1 November 2018, the Swedish Prosecution Authority notified Lundin Petroleum that the company may be liable to a corporate fine and forfeiture of economic benefits of 3,285 million SEK (app. €315 million) for involvement in war crimes and crimes against humanity.[50] Consequently, the company itself will also be charged albeit indirectly, and will be legally represented in court. On 15 November 2018 the suspects were served with the draft charges and the case files.[51] In June 2020, the Swedish Prosecution Authority announced that the investigation was complete. ‘We believe we have sufficient grounds for a prosecution’, said Chief Prosecutor Henrik Attorps to Dagens Nyheter,[52] indicating a firm intention to take the case to court. Defence lawyers have been filing series of legal requests to end the investigation, that have all been denied by the Courts. In June 2021, the prosecutor wrote to the District Court of Stockholm that he planned to finish the investigation before July.
The Lundin case raises the issue of access to remedy and reparation for victims of human rights violations linked with business activities. Lundin Energy now endorses the UN Guiding Principles on Business and Human Rights, acknowledging the duty of business enterprises to contribute to effective remedy of adverse impact that it has caused or contributed to.[53] In May 2016, representatives of communities in Block 5A claimed their right to remedy and reparation and called upon Lundin and its shareholders to pay off their debt.[54] The company has denied responsibility and therefore has not yet provided remedies and reparations to the victims.
The company has never refuted publicly reported incriminating facts. Nor has it substantiated its claim that its activities contributed to the improvement of the lives of the people of Sudan.[55] It never showed an interest in the consequences of the oil war for the communities in its concession area. A shareholder proposal to adopt a human rights friendly legal strategy that takes into account the victims' right to access to justice and prompt redress, was almost unanimously rejected by the 2021 Annual General Meeting of the company. The company maintains a website about its activities in Sudan,[56] as well as one that is dedicated to the criminal case.[57]
Criticism has also been directed towards former Minister for Foreign Affairs Carl Bildt, a former board member for the company, responsible for ethics.[58][59] Ethiopia arrested the two Swedish journalists Johan Persson and Martin Schibbye and held them for 14 months before releasing them. Conflict Ethiopian Judicial Authority v Swedish journalists 2011 was caused as the journalist studied report of human rights violation in the Ogaden in connection with activities of Lundin Petroleum.[60]
As a corporation, Lundin has not yet been charged criminally. A criminal trial of this nature against Lundin would become a landmark case because of the novelty and complexity of the legal issues that the Swedish court will have to decide. On 23 May 2019, the T.M.C. Asser Institute for International Law in The Hague organized a Towards criminal liability of corporations for human rights violations: The Lundin case in Sweden.[61]
Thomas Alstrand from the Swedish Prosecution Authority in Gothenburg on 13 February 2019 announced that a second criminal investigation had been opened into threats and acts of violence against witnesses in the Lundin war crimes investigation.[62] They have allegedly been pressured not to testify in court. Several witnesses have been granted asylum in safe countries through UNHCR supported emergency protection procedures. The company has confirmed that its CEO and chairman have been officially informed by the prosecutor about the allegation, noting that it believes that it is completely unfounded. Witness tampering is usually intended to prevent the truth from being exposed in court. The second investigation into obstruction of justice seems to contradict the company's assertions of its good faith cooperation with the war crimes investigation.
On 11 November 2021, top executives Ian Lundin and Alex Schneiter were indicted in Stockholm District Court for abetting grave war crimes in Sudan. They risk life sentences if convicted.[63][64][65]
The Dutch peace organization PAX and Swedish NGO Global Idé will provide daily English language coverage of proceedings, expert analyses and comments on the website Unpaid Debt.[66]