Ecuador
High court rejects Chevron appeal in Ecuador case
On Oct. 9, the US Supreme Court declined to hear Chevron corporation's bid to block global enforcement of a $19 billion judgment by a court in Ecuador, a victory for 30,000 rainforest dwellers who brought litigation over the pollution of their lands. Chevron had asked the high court to uphold an injunction imposed in March 2010 by US Judge Lewis Kaplan in New York that would have barred worldwide enforcement of Ecuador's judgment. That injunction was overturned in January by the US Second Circuit Court of Appeals, which ruled that the oil company could challenge the Ecuadoran judgement "only defensively, in response to attempted enforcement," which the rainforest dwellers had not attempted and might never attempt in New York. The Supreme Court's rejection of the case lets the Second Circuit decision stand.
Assange and Ecuador: no monopoly on hypocrisy
Now isn't this interesting. Keane Bhatt of the Manufacturing Contempt blog on the website of the venerable North American Congress on Latin America (NACLA) calls out the mainstream media, e.g. The Economist and the Los Angeles Times, for hypocrisy in pointing out that Rafael Correa's Ecuador, where Julian Assange is seeking asylum, has a less than stellar record on press freedom. By contrast, Bhatt notes, no eyebrows were raised when Emilio Palacio, an editor at the Guayaquil daily El Universo who was convicted of libel against Correa in Ecuador, fled to Miami last year—despite the fact that the USA doesn't have a stellar record on press freedom either. Bhatt points to the case of Sami al-Hajj, the Al Jazeera cameraman who was imprisoned at Guantánamo Bay for over six years before being released without charge. He also points to Abdulelah Haider Shaye, a Yemeni journalist imprisoned on dubious charges of al-Qaeda collaboration after reporting on US missile strikes. According to Jeremy Scahill in The Nation, Obama pressured the Yemeni regime to keep him locked up.
Will Ecuador deport asylum-seeker to 'Europe's last dictatorship'?
Now isn't this precious. We have been struggling for months to bring attention to the fact that WikiLeaks is credibly accused by rights groups of supplying intelligence on dissidents to the repressive regime of Alexander Lukashenko in Belarus, "Europe's last dictatorship." Now, just as Ecuador has granted asylum to WikiLeaks mastermind Julian Assange, it seems that President Rafael Correa's government is considering rescinding the asylum status granted last year to one Aliaksandr Barankov, an exiled whistleblower from—Belarus. Here are the basic facts from the Associated Press, Aug. 21:
Ecuador indigenous movement on Assange asylum: 'democracy begins at home'
Ecuador's granting of asylum to WikiLeaks mastermind Julian Assange "should be an opportunity to start at home," said Gerardo Jumí Tapias, leader of the Andean Coordinator of Indigenous Organizations (CAOI). "Democracy should begin at home and cannot be reduced to a discourse for the juncture," he said, adding that protection of human rights and free expression is laudable but should apply to all citizens, not just a high-profile foreigner. "This is an opportunity for us to review throughout the continent, where many governments present themselves before the world as protectors of human rights, but violate the human rights of indigenous peoples in their own countries."
Inter-American Court rules for Amazon people in Ecuador case
The Inter-American Court of Human Rights (IACHR) ruling in Sarayaku v. Ecuador on July 25, found in favor of a Kichwa community's right to consultation prior to industrial projects on their land—a decision that could have implications for many indigenous peoples across the Americas. The court found that the government of Ecuador violated the indigenous community's rights by allowing an Argentine oil company, Compania General de Combustibles (CGC), on their land without proper consultation. The community of Sarayaku filed the suit in 2006, after CGC, partnering with ConocoPhillips, felled forests, destroyed a cultural site, and drilled hundreds of boreholes for seismic surveying on tribal lands despite never gaining permission to do so from the community. As tensions rose, the Ecuadorian government set up military camps on indigenous land.
Andean indigenous movements meet in Colombia
Construction of a "new paradigm" for a "sustainable civilization" to uphold the principle of "buen vivir" (good life) was one of the resolutions to emerge from the Third Congress of the Andean Coordinator of Indigenous Organizations (CAOI), held July 15-7 at Chinauta in Colombia's central Cundinamarca department. Presided over by CAOI's director Miguel Palacín Quispe of Peru, the meeting brought together leaders of four member organizations: the National Indigenous Organization of Colombia (ONIC), the Confederation of Kichwa Peoples of Ecuador (ECUARUNARI), Peru's National Confederation of Communities Affected by Mining (CONACAMI) and Bolivia's National Council of Ayllus and Markas of Qullasuyu (CONAMAQ). The closing statement charged that "in the Andean Region and all the continent, States, whether openly neoliberal, 'alternative' or 'progressive,' persist in application of a neoliberal extractive model, that undermines the fundamental rights of indigenous peoples, plunders the natural resources, and defiles Mother Earth..." (Servindi, Aug. 1; CONAMAQ, July 26)
Ecuador to export via north Peru pipeline
Ecuador will use the pipeline that links Peru's northern Amazon oil zone to the Pacific coast to transport crude under a deal reached this week. Quito's Non-Renewable Natural Resources Minister Wilson Pastor hailed the bi-national accord as "true energy integration, in which two countries, Ecuador and Peru, are joining forces and needs." He said Ecuador will pay a fee of $10 per barrel of crude extracted from the southern zone of the Ecuadoran Amazon. A 100-kilometer feeder pipeline will be built from Ecuador's border to the Oleoducto NorPeruano, which runs to Bayovar port in Puira region. The deal could facilitate a major industrial thrust into Ecuador's southern Amazonian region. Most of Ecuador's exported oil currently comes from the northern part of its Amazon region, via the SOTE and OCP pipelines. (EFE, Aug. 9; RPP, Aug. 8; A Barrel Full website)
Second Circuit allows Ecuador court's $18 billion judgment against Chevron
The US Court of Appeals for the Second Circuit in Manhattan on Jan. 26 overturned an injunction won by Chevon Corporation to block enforcement of what the US oil company claims is a fraudulent, multibillion-dollar judgment in Ecuador for polluting the Amazon rainforest. In reversing the decision made by the US District Court for the Southern District of New York, the Second Circuit held that Chevron may not challenge the approximately $18 billion Ecuadoran judgment before enforcement of that judgment has actually been sought by the Ecuadoran plaintiffs. In its interpretation of the Uniform Foreign Money-Judgments Recognition Act, the court concluded that judgment-debtors like Chevron can challenge a foreign judgment's validity under the Act only defensively and in response to an attempted enforcement. The court found that an effort of enforcement by the Ecuadoran plaintiffs had not yet been undertaken anywhere, and might never be undertaken in New York. While both Chevron and the Ecuadorian plaintiffs have yet to comment on the decision, Chevron has long contended (press release, PDF) that it has never conducted oil operations in Ecuador and that the allegations of environmental and social harm in the Amazon are therefore false.
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