EUROPEAN PARLIAMENT MPs SEND LETTER TO THE GOVERNMENT OF ECUADOR FOR CHEVRON II CASE

Brussels, 16th November 2018


Lic. Lenín Moreno Garcés
President of the Republic of Ecuador
Dr. Salvador Iñigo
Attorney-general of the State of Ecuador
Honourable Mr. President,


The signatories of this letter, as Members of the European Parliament, would like to express our deep concern regarding the obstacles to access to justice that the communities affected by the crimes of Chevron-Texaco in the Ecuadorian Amazonas are undergoing.


As you are aware, the Chevron-Texaco case has become a reference for all those who defended the rights of people and the environment against violations committed by transnational corporations worldwide. The experience of the affected communities, pledging under the UDAPT, has highlighted the need to ensure that the state of law and the judiciary are able to respond to the expectations of those whose human and environmental rights are violated, regardless of the violation being committed by a natural or a juridical person. It is regrettable indeed that in spite of the multiple favourable rulings by Ecuadorian courts, the victims have not yet obtained reparation.


Since 2011, the Ecuadorian judiciary has ruled against Chevron Corporation (formerly Texaco) in several instances, including the ruling of the Constitutional Court published on the 10th July of 2018. By doing so, it has given the World and example of sovereignty, independence, and commitment with human rights.
However, as you are also aware, the struggle for the effective respect of human rights does not require only the engagement of the judiciary, but also commitment and coherence of all the institutions and efficient international cooperation. We would like to express our concern about the fact that the above mentioned rulings against Chevron have not been executed, and consequently the victims of the corporate crime have not yet obtained any reparation, nor in Ecuadorian, or in any other country in which Chevron has assets.


We would like to express our are deepest concern about the award of the arbitration panel known as Chevron III, which strengthens Chevron’s impunity and questions the probity of the Ecuadorian judiciary system and the integrity of the Ecuadorian democracy itself.


Consequently, with regard to the serious accusations against Ecuador expressed in the above mentioned award, we would like to express our confidence that the Ecuadorian government will not recognise the legitimacy of that decision and will activate all the available mechanisms in order to achieve the inapplicability of the decision. We are aware that the article 422 of the Ecuadorian Constitution rejects these kind of decisions by investor to state arbitration, since they damage national sovereignty. We are also aware of the fact that this decision in particular was tortious since
it is based in an investment treaty which has been declared unconstitutional by Ecuador and consequently denounced in 2017.


We would like to, finally, express our solidarity and support to the Ecuadorian Amazonas’ communities who have suffered the consequences of the crimes committed by Chevron-Texaco and struggling to obtain a legitimate reparation.


Yours faithfully,
SIGNATORIES
Lola Sánchez Caldentey, GUE/NGL
Tania González Peñas, GUE/NGL
Estefanía Torres Martínez, GUE/NGL
Xabier Benito Ziluaga, GUE/NGL
Miguel Urbán Crespo, GUE/NGL
Gabriele Zimmer, GUE/NGL
Anne-Marie Mineur, GUE/NGL
Marie-Pierre Vieu, GUE/NGL
Klaus Buchner, Greens/EFA
Julie Ward, S&D
Lynn Boylan, GUE/NGL
Sabine Lösing, GUE/NGL
Ana Miranda, Greens/EFA
Florent Marcellesi, Greens/EFA
Giulia Moi, EFDD
María Arena, S&D
Emmanuel Maurel, S&D
Theresa Griffin, S&D
Bodil Valero, Greens/EFA
Martina Anderson, GUE/NGL
Georgi Pirinski, S&D
Barbara Spinelli, GUE/NGL
Liadh Ní Riada, GUE/NGL
Javier Couso Permuy, GUE/NGL
Helmut Scholz, GUE/NGL
Ana Maria Gomes, S&D
Nikolaos Chountis, S&D
Maria Lidia Senra Rodríguez, GUE/NGL
António Marinho e Pinto, ALDE
Matt Carthy, GUE/NGL
Eleonora Forenza, GUE/NGL
Molly Scott Cato, Greens/EFA
Keith Taylor, Greens/EFA
Angela Rosa Vallina de la Noval, GUE/NGL
Stelios Kouloglou, GUE/NGL
Jose Inacio Faria, EPP
Elly Schlein, S&D

Posted on June 5, 2019 in Our Voice

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