petro-resistance

Argentina: Mapuche to block Chevron from territory

In a press conference on July 11 representatives of Argentina's indigenous Mapuche and of indigenous communities in the Vaca Muerta region in the southwestern province of Neuquén announced plans to block the California-based Chevron Corporation from drilling for natural gas in their territories. In December 2012 Argentina's state-controlled Yacimientos Petrolíferos Fiscales (YPF) oil company signed an agreement for a $1 billion hydrofracking pilot project in the Vaca Muerta area, despite a November decision by an Argentine judge to embargo Chevron's assets in Argentina because of a $19 billion judgment against the company in Ecuador for environmental damage and injuries to the health of indigenous residents in the Amazon rainforest. YPF and Chevron are scheduled to sign an additional accord on July 15; the oil companies deny that the drilling will be on Mapuche lands.

US high court ruling threatens human rights suits

In a unanimous decision issued on April 17, the US Supreme Court sharply restricted the use of the 1789 Alien Tort Statute for foreign nationals to sue for human rights violations that took place outside the US. The case at issue, Kiobel v. Royal Dutch Petroleum, was brought by 12 Nigerians now living in the US; they charged that Royal Dutch Petroleum (better known as Royal Dutch Shell) and other oil companies with a presence in the US conspired with the Nigerian government to commit human rights violations against Nigerians protesting environmental damage by the companies.

Supreme Court rules against Nigerians in Shell case

The US Supreme Court ruled unanimously April 17 in Kiobel v. Royal Dutch Petroleum that nothing in the Alien Tort Statute of 1789 (ATS) rebuts the US presumption against extraterritoriality and that suits challenging torture and international law violations that took place overseas cannot be brought in US Court. Chief Justice John Roberts authored the majority opinion. Kiobel was held over from last term when the court decided that the parties should brief on the circumstance when the ATS should apply extraterritorially. In the new ruling the court held that extraterritorial disputes—those concerning foreign actors that violate treaties to which the US is a party—cannot be litigated in the US under the ATS, and "sufficient force" is necessary to displace that presumption. The opinion also suggested that "mere corporate presence" will not suffice to bring suit in the US:

Colombia: campesino strike in oil zone

Campesino communities in Colombia's oil-rich department of Arauca, on the eastern plains, on Feb. 12 launched a paro, or civil strike, to protest broken promises by the national government and transnational companies operating in the region. A dialogue brokered by the Interior Ministry broke down the day before, and community leaders announced the campaign of civil resistance. Hundreds of campesinos began blocking roads leading to the Caño Limón and Caricare oilfields, both run by a consortium led by Occidental Petroleum of California. The first day of the campaign saw violence as over 1,000 troops of the National Police force's Mobile Anti-Disturbance Squadron (ESMAD) attacked the blockade at San Isidro, on the road to Caricare. Several protesters were beaten, four detained, and food supplies for the bloackde confiscated. The local Joel Sierra Human Rights Foundation has issued an urgent alert calling for the release of those detained, and for demilitarization of the region. Army troops have set up checkpoints on roads leading to zone, and are barring journalists and rights observers. (Colombia Informa, Feb. 13 via UDW)

Nigerians sue Shell in Netherlands over oil spills

Four Nigerian residents and an advocacy group told a Dutch court on Oct. 11 that Shell should be held liable for damage from oil pollution in the Niger Delta. The suit, which was filed by the four villagers and Friends of the Earth Netherlands in 2008, is the first time a Dutch company has been sued for the alleged misconduct of its foreign subsidiary. Shell has maintained throughout the trial that the case should be heard in Nigeria and that the Dutch court does not have jurisdiction. Friends of the Earth Netherlands says that the case could set an international precedent encouraging victims of pollution by Western corporations to sue in the Netherlands and other nations in the EU, noting that there are hundreds of thousands of pollution victims in Nigeria alone. Shell argues that the pollution damage was caused by thieves who sabotaged the oil lines and that its local subsidiary fulfilled its duty in cleaning up the spills. A verdict in this case is expected by early 2013.

Niger Delta insurgency back on?

Gunmen attacked two ships off the coast of Nigeria's oil-rich southern delta Aug. 4, killing two naval troops protecting the vessels and seizing four foreign workers before fleeing.  Six naval troops were aboard the vessel, which belongs to the Sea Truck oil services company. The Nigerian navy has dispatched boats and a helicopter to the area. Sporadic attacks on oil infrastructure in the Niger Delta have continued despite a 2009 amnesty for militant groups. (AP, Radio Netherlands, Aug. 4)

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