War crimes in Sudan
In June 2010, the European Coalition on Oil in Sudan (ECOS)[30] published the report "Unpaid Debt",[31] that called upon the governments of Sweden, Austria, and Malaysia to look into allegations Lundin Petroleum (as operator), OMV and Petronas may have been complicit in the commission of war crimes and crimes against humanity whilst operating in Block 5A, South Sudan (then Sudan), during the period of 1997 to 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 by government troops. When the consortium that OMV took part in operated in Block 5A, approximately 12.000 people died and 160.000 were violently displaced by government troops from their land and homes, many forever. Satellite pictures taken between 1994 and 2003 show that the activities coincided with a spectacular drop in agricultural land use in its concession area.[32]
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 Petroleum's Chairman Ian Lundin and CEO Alex Schneiter (as operator) 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[33] On 1 November 2018, the Swedish Prosecution Authority notified Lundin Petroleum AB that the company may be liable to a corporate fine and forfeiture of economic benefits of SEK 3,285 (app. €315 million) for involvement in war crimes and crimes against humanity.[34] Consequently, the company itself would 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.[35] They would be indicted for aiding and abetting international crimes and may face life imprisonment if found guilty.[36] The trial is likely to open early in 2022 and may take two years.
The Swedish war crimes investigation raises the issue of access to remedy and reparation for victims of human rights violations linked with business activities. In May 2016, representatives of communities in Block 5A claimed their right to remedy and reparation and called upon OMV, Lundin Petroleum and Petronas and their shareholders to pay off their debt to them.[37] A conviction in Sweden may provide some level of remedy and reparation for the few victims of human rights violations who will testify in court, but not for the other 200,000 victims who will not be represented in court. The Swedish court cannot impose obligations upon OMV.
On 23 May 2019, the T.M.C. Asser Institute for International Law in The Hague organized the conference 'Towards criminal liability of corporations for human rights violations: The Lundin case in Sweden'.
OMV 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.[38] The company has never publicly showed an interest in the adverse impacts of its activities on the communities in its concession area. According to the Dutch peace organisation PAX, the companies OMV, Lundin Petroleum, Petronas, as well as their shareholders are disregarding the human rights standards that they claim to respect, notably the OECD Guidelines and UN Guiding Principles, because they, A. never conducted an appropriate due diligence for their Sudanese operations; B. made no effort to know their human rights impacts; and C. do not show how they address alleged adverse human rights impacts.[39]
OMV (Sudan) Exploration GmbH was a wholly owned subsidiary of OMV AG, and held a 26.1% share in the a license as part of the consortium that appointed Lundin as operator to explore and develop oil deposits in Block 5A. It sold its Sudanese assets in 2004 with a net profit of $55 million[40] As the operator of the consortium, Lundin Petroleum was responsible for day-to-day management but its managers stood under the supervision of the Operating Committee, that exercised "overall direction and control of all matters pertaining to the Joint Operations and the Joint Property". OMV was permanently represented in the Operating Committee and has never publicly distanced itself from any of its decisions.[41]
Between 2001 and 2003, OMV met repeatedly with European human rights advocates led by Sudan Platform Austria, but the company took no effective measures to prevent involvement in human rights violations or undo the adverse impact of Lundin's operations. On 6 April 2001, OMV wrote to Human Rights Watch: "We have reached the conclusion that, despite problems, the influx of oil revenues could improve the social and humanitarian conditions of the Sudanese. Oil exploration activities also represent immediate benefits to the local population, in terms of employment, infrastructure developments and humanitarian assistance... Our role is to constantly monitor the situation on the ground and to turn our perception of business ethics into reality by responsible action.[42] In 2002, OMV nevertheless commissioned an independent report on the human rights situation in Block 5A, that has not been made public.[43]
While Block 5A was operated by Lundin, OMV was a participant in the consortium, the suspicions against the consortium's top managers therefore also concern OMV. The Austrian State's owns 31% of OMV's shares. According to the UN Guiding Principles, which is endorsed by Austria, an abuse of human rights by a business enterprise that is wholly or partially controlled by a State, may entail a violation of that State's own international law obligations.[44]
Petrom
The acquisition of 51% stake in Petrom was considered controversial as the privatisation contract was not made public and it consists of several disputed clauses.
The privatisation allegedly produced a market monopoly. Critics say that OMV can use the resources Petrom owns until their exhaustion. Also fixing of tax for gas and oil exploration at 3 to 13.5 percent from the final delivery price for 10 years was criticised. Some critics claimed, that the price €1.5 billion was too low.
On 13 December 2022, OMV Petrom was convicted by the Couter of Justice from Gaiesti, Romania of Involuntary manslaughter case. The Local Court Gaiesti ruled its decision in the file where OMV Petrom SA was sent to trial for involuntary manslaughter. The accusation is referring to an incident which occurred in Cobia in 2016 and resulted in the death of a child. OMV Petrom was found guilty and was convicted to a punishment of a criminal fine amounting to RON 28,000. On the civil side, the court assessed the degree of fault of OMV Petrom SA at 50% and the company was obliged to pay moral damages in total amount of EUR 135,000 to the victim's family and material damages and other expenses in total amount of RON 22,000. The court ordered the complementary measure consisting in the one-year suspension of the activity of oil exploitation wells within the radius of Dâmboviţa county which, at the date when the decision becomes final, do not have a completely closed and locked perimeter or which do no have a well cellar grate installed. The court also ordered the publication of the decision of conviction, in extract. .[45]
