Mercedes manager faces trial. Say no to refugee detention camps.

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MERCEDES MANAGER FACES TRIAL. SAY NO TO REFUGEE DETENTION CAMPS!

SEPTEMBER 2023 | NEWSLETTER 92

In human rights work, abuses committed by repressive regimes and the routine exploitation of workers by transnational corporations are often seen as two separate battlefields. However, in many cases, these different forms of injustice actually overlap in the perpetration of human rights violations. This is one reason why we at ECCHR continue our fight against injustice on multiple fronts.

Last August, an Argentine court finally decided that a former manager of Mercedes-Benz Argentina will face trial for assisting the military dictatorship in the enforced disappearance of two trade unionists in the late 1970s. At the time, the majority of the independent work council, roughly 15 workers, were forcibly disappeared. Read more about this case, among others, in this newsletter.

The ECCHR Team

The labor movement within car manufacturing plants in Buenos Aires was heavily targeted by the military dictatorship.

Mercedes manager finally faces trial in Argentina for the disappearance of trade union workers

By Wolfgang Kaleck, ECCHR General Secretary

In 1999, before ECCHR was founded, I filed a criminal complaint, based on the research of a journalist, against a former manager of Mercedes-Benz Argentina for his involvement in the disappearance of trade unionists in 1976 – 1977. Right after the Argentine military junta came to power in 1976, it launched a full-fledged “dirty war” against Argentine civilians in order to crush all forms of dissent. This campaign of state terrorism employed torture, extrajudicial murder and enforced disappearance on a tremendous scale. Although conducted by the military, there were also actors within civil society, particularly in the industrial sector, who were directly involved in these crimes. My client, Hector Ratto, who survived the kidnapping and endured more than a year of illegal detention and torture, was also one of the main witnesses in the case. In spite of evidence of close collaboration between the junta and Mercedes-Benz managers to suppress workers councils in car factories – gathered by journalists, the group of trade unionists and truth trials in Argentina – our case in Germany was ultimately dismissed in 2003. Now, decades after the kidnappings, this man will finally face trial in Argentina.

Military dictatorships and authoritarian regimes are often able to consolidate power, in part, because powerful economic actors choose to stand behind them. The Argentine dictatorship also sought to introduce a neoliberal economic program and, thus, focused its aggression against the organized labor movement within the industrial belt around Buenos Aires, namely the factories of Renault, Ford and Mercedes-Benz. Out of the tens of thousands forcibly disappeared during the junta, a significant percentage of them belonged to the labor movement. This long-overdue trial, which we at ECCHR will monitor with our Argentine partner CELS, promises to address the role of powerful corporations in the crimes of repressive regimes. Regardless of how the court rules, the parent company Mercedes-Benz is now – again – called upon to recognize this past injustice and make the appropriate reparations.

More about the case

BORDER JUSTICE

A decade on and still no justice after the deadly events on Ceuta’s Tarajal beach

In 2014, people attempting to swim around the seawall from Morocco to Spain were met with rubber bullets and tear gas by Spain’s Guardia Civil. At least 14 drowned. This summer, as part of the UN Committee Against Torture’s review of Spain, ECCHR submitted a shadow report with partners Andalucia Acoge and Asociacion Elin, calling on Spain to re-open the Tarajal investigation and hear survivor testimony. Now, in its final observations, the UN committee expressed its serious concern regarding the Tarajal events and said that Spain must promptly and impartially investigate complaints against police officers.

Read our shadow report

Say no to a Europe of refugee detention camps!

These are critical months as the EU moves closer to agreement on further dismantling human rights and refugee protections at its borders. The upcoming reforms to the Common European Asylum System would introduce compulsory border procedures, where asylum seekers could be held in detention-like conditions for up to two years. The reforms will further concentrate and exacerbate conditions at the EU’s external borders and, without a mechanism for EU countries to share migration responsibilities, will inevitably lead to more pushbacks. Join us in addressing concerns to MEPs by supporting the appeal from our partner, Pro Asyl, and saying no to a Europe of refugee detention camps:

Say no to a Europe of refugee detention camps!

BUSINESS AND HUMAN RIGHTS

German government delays export ban on hazardous pesticides

Thousands of tons of pesticides banned in Germany continue to be exported outside of Europe, especially to the Global South, where they pose a great danger to farmers, farm-workers, rural populations and the environment. Although the German Ministry of Agriculture announced one year ago that it would introduce a ban on the export of such pesticides, no progress is currently being made on enacting this ordinance. In the meantime, agrochemical companies continue to reap profits, while cases of severe illness and death from pesticide use are increasing globally. With our partners, we recently issued a press release, urging governmental ministries to swiftly come to an agreement so that the law may enter into force.

Read the press release (only available in German)

EU corporate accountability law enters final stages

On 1 June, the European Parliament voted their position on the Corporate Sustainable Due Diligence Directive (CSDDD), a law obligating companies in the EU to assess risks and prevent harm to human rights and the environment. Negotiations over the final text of the law have since been underway, with a compromise expected before the 2024 elections.

Despite intense business lobbying efforts and opposition from conservative lawmakers, the Parliament’s position includes major improvements upon the previous proposal, such as the better alignment of corporate obligations with international standards, as well as a range of measures to facilitate access to justice for victims. These measures include extending the statute of limitations, allowing NGOs and trade unions to represent victims, and allowing access to documents.

The Parliament’s position still has some notable shortcomings, however, such as increased recognition of industry and multi-stakeholder initiatives, limited environmental protections, significant exclusion of the financial sector, and leaving the reversal of the burden of proof up to the member states.

Countering impunity for crimes of enforced disappearance

Enforced disappearance is used by dictatorships and authoritarian regimes across the world to terrorize civilians and undermine opposition movements. We fight to hold those responsible to account.

Donate now

INTERNATIONAL CRIMES AND ACCOUNTABILITY

Time for a sustainable reform of German international criminal law

To strengthen the rights of survivors of international crimes and close accountability gaps, ECCHR has been advocating for the reform of German international criminal law. Based on our practical experience, we have published several statements summarizing the improvements we deem necessary. A large number of these demands have now been taken up in a draft bill. These include: strengthening the procedural rights of survivors of international crimes and the closure of legal gaps related to both sexual violence and the criminalization of enforced disappearances – even in cases where no inquiry was made to the authorities. Nevertheless, we still see room for improvement. Unfortunately, the draft threatens to restrict the same survivors' rights that it claims to strengthen in several respects. In addition, decisions to discontinue investigations into international crimes are still not subject to judicial review. In a statement to the Ministry of Justice, we voiced our criticism on these and other points.

Read our statements on the draft bill

Special supporter newsletter on the Iuventa sea rescue trial

We have now been monitoring the Iuventa proceedings in Italy on the criminalization of sea rescue for over a year. This case is emblematic of the dangers now facing human rights defenders and solidarity activists across Europe. The Iuventa crew’s sole mission was to rescue people on the move at sea. Now, charged with “facilitating irregular entry” of migrants into Italy, members of the Iuventa crew could face up to 20 years in prison. In order to explain the significance of this case and examine the political and legal developments since the Iuventa ship was impounded six years ago, we are publishing a special supporter newsletter in the coming days.

FOR GLOBAL JUSTICE

The world can only be just when human rights are universally recognized and guaranteed for everyone. This is what we are fighting for across the globe:
with those affected, with partners, with legal means.
Thank you for helping us in our efforts to make this happen.

Donate now

INSTITUTE FOR LEGAL INTERVENTION

International summer school on business and human rights practice

At the end of July, we co-hosted a summer school on BHR in practice in Nuremberg with the Friedrich-Alexander-University (FAU) and Tilburg University, with speakers from academia and practice and participants from across the globe. The program focused on complex issues in the field of corporate accountability and was oriented toward the next generation of human rights experts. Built upon previous versions of the program with FAU, this last summer, we connected the summer school with an international exchange program on critical human rights litigation for early career human rights practitioners within our broader global network.

ECCHR

We welcome new staff and trainees

Martin Glasenapp joined ECCHR in August as Director of Communications and Fundraising

Susanne Hentschel joined the Communications team in September as a communications officer-in-training

Tanvi Tuhina joined the International Crimes and Accountability team in September as a research fellow

David Oliver Yambio joined the International Crimes and Accountability team in September as a project fellow

Selina Novak, Yasmin Khuder and Abhinav Chauhan joined the International Crimes and Accountability team in August as trainees

Liselotte Kasse B'nicco joined the International Crimes and Accountability team in September as a trainee

Gabriela Siegel joined the Business and Human Rights team in September as trainee

Paulina Böse joined the Border Justice team in September as a trainee

EVENTS

Book launch: Supply Chain Due Diligence Law

At this event, ECCHR Legal Director Miriam Saage-Maaß and Business and Human Rights Co-Director Christian Schliemann-Radbruch will join other contributors to the volume Supply Chain Due Diligence Law (only available in German). The book provides comprehensive explanation and legal analysis of the German Supply Chain Law, which requires companies to conduct due diligence in order to ensure that their supply chain operations adhere to human rights and environmental standards.

11 October 2023, Humboldt Universität zu Berlin at 4:00 pm