to Lafarge risking its employees’
FIRST IN FRANCE:
Developments in
lives and violating a number of basic
labor rights.
COMPANY INDICTED 2018
FOR CRIMES
On 28 June 2018, three investigative Procedure
of the Paris High Court
AGAINST HUMANITY judges
charged the legal entity Lafarge SA
Lafarge – Eric Olsen and others
Context
Proceedings against the cement
company
Lafarge
SA
(now
LafargeHolcim): on the one hand,
for financing terrorism, complicity in
crimes against humanity committed
by the Islamic State in Syria (ISIS), and
deliberate endangerment of people’s
lives; and on the other hand, for illegal
purchase of oil
Suspects
Current and former directors and top
executives of French-Swiss cement
company
LafargeHolcim
Group
(crimes allegedly committed by the
French company Lafarge prior to
its 2015 merger with Swiss-based
Holcim) and of its subsidiary Lafarge
Cement Syria. The suspects are
French and Norwegian nationals
Country of residence
of suspects
France and Switzerland (headquarters)
Charges
Financing of a terrorist enterprise,
complicity in war crimes, complicity in
crimes against humanity, deliberate
endangerment of people’s lives,
exploitative labor practices, forced
labor, and violation of the EU embargo
on oil purchases
(now LafargeHolcim) with complicity
in crimes against humanity, financing
of a terrorist enterprise, breaching an
embargo, and endangering the lives of
others. Lafarge allegedly paid millions
of euros to ISIS and several armed
groups to keep their cement factory
running. The investigative judges
ordered LafargeHolcim to hand over
30 million euros to the authorities as
a security deposit ahead of a possible
trial.
Eight former executives were also
charged in this case between
December 2017 and May 2018, and
were requested to provide the courts
with a deposit of several million euros.
Current status
Company as a legal entity and
individuals indicted; the judicial
inquiry is ongoing
Facts
The 2016 complaint filed by human
rights groups Sherpa and the European
Center for Constitutional and Human
Rights (ECCHR), with former Lafarge
Syrian employees, alleged crimes
committed in Syria between 2013 and
2014 in relation to Lafarge’s cement
factory in Jalabiya, in northern Syria; in
an area where several armed groups,
including ISIS, were operating. Lafarge
allegedly entered in negotiations with
ISIS to purchase oil and pozzolan
from them, as well as to obtain official
ISIS passes for crossing checkpoints
in order to maintain its production
in the area. Testimonies also point
26
In September 2016, the French
finance minister filed a complaint
before the Paris prosecutor against
LafargeHolcim for its alleged illegal
purchase of oil in Syria, despite the
EU embargo issued in 2012. The Paris
prosecutor opened an investigation in
October 2016.
On 15 November 2016, 11 former
Syrian employees and the human
rights groups Sherpa and ECCHR filed
a criminal complaint as civil parties in
Paris against Lafarge, Lafarge Cement
Syria, and their current and former
CEOs, for financing of terrorism,
complicity in crimes against humanity
committed in Syria and for a series of
labor rights violations.
On 9 June 2017, three investigative
judges of the Paris High Court
(Tribunal de Grande Instance de
Paris) opened an investigation into the
crimes alleged by the NGOs Sherpa
and ECCHR, and 11 former Syrian
employees. In September 2017, three
of the victims were heard by one of the
investigative judges.
On 13 October 2017, the plaintiffs’
NGOs filed a motion requesting that
the investigative judges summon a
former French minister of foreign
affairs and two former ambassadors
of France to Syria for questioning.
On 14 November 2017, the French
police searched the headquarters
of LafargeHolcim in Paris. At the
same time, the Belgian federal police
searched the premises of Groupe
Bruxelles Lambert (GBL), the second
largest shareholder of LafargeHolcim,
in Brussels.
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