Totalenergies: Complaint for involuntary manslaughter during an attack in Mozambique


by Forrest Crellin and America Hernandez

PARIS (Reuters) – Survivors and families of victims of a 2021 attack by insurgents in Mozambique have filed a criminal complaint against TotalEnergies for involuntary manslaughter and failure to provide assistance to a person in danger, accusing the company of failing having ensured the safety of its subcontractors.

The oil and gas group rejected the accusations, declaring that an evacuation plan had been implemented for all personnel working on the site hosting its Mozambique LNG liquefied natural gas project, close to the attack, including included for subcontractors.

“From the large amount of evidence that we have been able to gather, it appears that TotalEnergies was perfectly aware of the extremely worrying security situation in this region, and an attack (…) was foreseeable,” declared the lawyers of the plaintiffs in a press release.

“Despite the declarations of the TotalEnergies hierarchy, the multinational was not diligent enough to adopt a security plan allowing the evacuation of its subcontractors. A succession of negligence contributed to the situation which led to the death of many people,” they added.

Islamic insurgents attacked the port city of Palma in March 2021, killing numerous civilians near the Afungi site, where TotalEnergies is developing its liquefied natural gas project.

While contractors working at the site took refuge in a nearby hotel – Amarula – which was subsequently besieged, rescue helicopters were dispatched by DAG, a private security company working with the Mozambique government. They are said to have rescued around twenty people.

According to the complaint, the helicopter rescue mission could not continue due to lack of fuel and TotalEnergies refused to provide it on the grounds that the group did not want to be associated with a private security company.

Subcontractors then tried to flee the hotel with a convoy of vehicles which was ambushed, killing several people.

“MOZAMBIQUE LNG HAS TAKEN THE NECESSARY MEASURES”

The complaint was filed Monday by seven people, including three survivors and four relatives of victims who died in the ambush, who also criticize TotalEnergies for not having informed subcontractors of the risks linked to the attack or its evolution.

TotalEnergies for its part underlined, in written responses to a series of questions, that the increase in the terrorist threat had led to a “significant” reduction in Mozambique LNG staff, its contractors and subcontractors in early 2021.

According to the group, the remaining mobilized personnel were housed at the Afungi site and “were instructed – for security reasons – to remain inside the site in all circumstances”.

“According to the information available to us, these instructions were passed on by Mozambique LNG’s contractors to their employees and subcontractors and no contractor informed Mozambique LNG of the presence of refugee employees at the Amarula Hotel “, added TotalEnergies.

The group also argued that, several NGOs having denounced during 2020 abuses against the civilian population attributed to DAG, Mozambique LNG had taken the decision “that no contribution or support would be made to the operations carried out by DAG”.

Overall, the group believes that “Mozambique LNG managed the crisis locally and took the necessary emergency measures”.

“During the attack on the city of Palma, and according to the information we have, all Mozambique LNG personnel and their contractors and subcontractors were evacuated, as well as many civilians.”

(French version Benjamin Mallet; edited by Kate Entringer)

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