Ecuador

Ecuador nixes vote on Yasuni oil drilling

Ecuador's government on May 6 turned down a petition for a referendum on plans to open Yasuni National Park to further oil exploration. The National Electoral Council determined that not enough signatures were collected—a claim rejected by the group Yasunidos, which led the drive. Electoral authorities validated 359,781 of the 850,000 signatures collected, well under the 583,323 needed under Ecuadoran law. The electoral council said it found numerous duplicate or otherwise invalid signatures. "Almost seven out of 10 signatures were thrown in the bin," Yasunidos said on its Twitter feed. "The council talks about irregularities. We talk about fraud." Yasunidos vowed to take its complaint to the Inter-American Commission on Human Rights. (Plan V, Ecuador, May 7 via UDWBBC News, May 6)

Rival trade pacts vie for Pacific hegemony

In a move being openly portrayed as part of a race with the US-backed Trans-Pacific Partnership (TPP) for hegemony in the Asia-Pacific region, China has set up a working group to study the feasibility of a Free Trade Area of the Asia Pacific (FTAAP). The proposal comes ahead of a meeting in May of trade ministers from the Asia Pacific Economic Cooperation (APEC) forum, which China will host. Wang Shouwen, an assistant commerce minister, assured: "We think there will be no conflict between the FTAAP and the region's other FTAs under discussion." But reports note that the news comes just as progress of the TPP has snagged over Japanese insistence on protecting its agricultural and automotive sectors. Chinese President Xi Jinping in October said at the APEC business forum in Indonesia that Beijing will "commit itself to building a trans-Pacific regional cooperation framework that benefits all parties"—an obvious veiled criticism of the TPP. (Tax News, May 5; AFP, April 30)

Chevron seeks $32 million in Ecuador case

Chevron Corporation on March 18 filed (PDF) for reimbursement of attorneys' fees against attorney Steven Donziger and others in the US District Court for the Southern District of New York. Chevron prevailed earlier this month in its lawsuit against Donziger for fraud and racketeering and demands compensation for over $32 million the company allegedly spent in attorneys' fees associated with the trial. The racketeering trial was brought by Chevron in retaliation for a 2011 lawsuit between the same parties in which Donziger prevailed. That lawsuit, brought by Donziger and litigated in Ecuador, found Chevron liable for 8.6 billion for polluting large areas of the Ecuadorian rain forest. Chevron subsequently brought and prevailed on charges that the Ecuadorian lawsuit was a "multinational criminal enterprise" intended to defraud and extort "one of the best-known companies in the world."

US judge blocks enforcement of Chevron judgment

A judge for the US District Court for the Southern District of New York on March 4 ruled (PDF) that US courts may not be used to collect $9.51 billion in fines and legal fees from an Ecuadoran court's judgment against Chevron. Judge Lewis Kaplan wrote in his near 500-page ruling that the punishment inflicted against Chevron was not justified, and that the Ecuadoran court's judgement "was obtained by corrupt means." Kaplan asserted that fraudulent evidence had been introduced in the case, and that lawyers arranged to write the opinion against Chevron themselves by coercing a judge. Hewitt Pate, Chevron vice president, stated regarding the judgment, "We are confident that any court that respects the rule of law will likewise find the Ecuadorian judgment to be illegitimate and unenforceable." Lawyers for Ecuadoreans reported that they will be filing an appeal, saying the decision "constitutes a mockery of the rule of law and will not serve to reduce the risk the oil company faces in the imminent collection of the sentence dictated against it by the Ecuadorean justice system."

Ecuador: ecology group shut down by government

Ecuador's government ordered closed the environmentalist Fundación Pachamama Dec. 4, with the Interior Ministry saying it was "affecting the public peace." The Environment Ministry issued its own statement accusing of the organization of "interference in public policy." Plainclothes police were sent to seal off the group's offices in the morning. The action stemmed from the previous week's protests at the XI Round for selling oil leases in the Ecuadroan Amazon. President Rafael Correa accused Pachamama and another group, Yasunidos, of attacking the Chilean ambassador, Juan Pablo Lira. Pachamama denies the allegations, saying its members were not even present at the protest in front of the Hydrocarbons Ministry. Fundación Pachamama plans to appeal the government's decision.  

Ecuador: deadly clash in anti-mining operation

The Shuar Association of Bomboiza, in Ecuador's eastern rainforest province of Morona Santiago, is demanding answers from the government over a Nov. 7 incident in which a member of the Shuar indigenous people was killed in an army operation against illegal gold-miners in the region. The confrontation, at Kukus community on the banks of the Río Zamora, Bomboiza parish, Gualaquiza canton, also left nine army troops wounded. The army maintains that a patrol boat came under fire from presumed outlaw miners, and the Shuar man, Freddy Taish, was among the attackers. But Shuar leaders are demanding that the government reveal what kind of bullet killed Taish, saying that the official version of events contains "contradictions," and accuse the army of tampering with forensic evidence.

Ecuador high court halves judgment against Chevron

Ecuador's National Court of Justice on Nov. 13 ordered the Chevron company to pay $9.51 billion in fines and legal fees. This was a significant reduction from the previous $18 billion judgment. The lawsuit, brought by the Amazon Defense Front, arises out of Chevron's drilling for oil in Ecuador* and the resulting pollution in the rainforest. The original judgment was handed down in 2011, but Chevron has been appealing since and has also removed its presence in Ecuador. Chevron won an arbitration to the Hague's Permanent Court of Arbitration (PCA) which stated Chevron was released from pollution liability a full four years before the lawsuit was filed. Chevron continues to allege fraud and corruption resulted in the judgment and has an ongoing lawsuit (PDF) against Ecuadoran plaintiffs and their lawyer for racketeering. However, other groups argue that Chevron's negligent practices caused immense damage from pollution and is simply attempting to avoid any judgment.

Justice catches up to Chile, Ecuador war criminals

A judge in Quito on Oct. 1 ordered the house arrest of three army and police officers in Ecuador's first trial involving alleged crimes against humanity. They are part of a group of 10 former senior officers accused of abducting and torturing three members of an illegal opposition group, the Eloy Alfaro Popular Armed Forces, in 1985. Activists converged on the capital for the opening day of the landmark trial. The events took place under the conservative government of late Leon Febres Cordero, who was elected to a four-year term in 1984. Judge Lucy Blacio turned down prosecutors' request to have one elderly army general detained, on the ground that he is seriously ill; however, he is barred from leaving the country. The three victims—Susana Cajas, Javier Jarrin and Luis Vaca—are to testify in the case next week. The charges were brought by a special Truth Commission created to address rights abuses. (Jurist, Oct. 2; BBC News, AFP via Milenio, Oct. 1)

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