The Attorney General of Ecuador sent a report to the National Assembly on the Chevron case in which he admits that the State is complying with the arbitration award of August 30, 2018, so that, if it “succeeds”, the judges can impose a lower sanction.
Nueva Loja – July 18 2019. On June 19, 2019, the Attorney General Iñigo Salvador Crespo presented to the National Assembly an Executive Report on the progress of the Chevron-Texaco vs. Ecuador case; in other words, the international arbitration brought by Chevron against Ecuador before the panel of private judges in The Hague in 2009.
In this report it is stated unequivocally that the government of Ecuador is taking all necessary actions to comply with the arbitration award and proceeding to prevent UDAPT and the affected people from executing the judgement of the so-called Lago Agrio case, which saw Chevron condemned to pay the sum of 9,500 million dollars to repair the damage caused in the Ecuadorian Amazon, which has taken the lives of hundreds of people due to a high rate of cancer cases.
It is not the first time that the executive has interfered in the legitimate sentence of its judicial system, turning its back and trying to put an end to the struggle of those affected. In fact, as stated in the report, in January 2019, the same Attorney General presented a letter to the President of the Supreme Court of Canada, which was decisive for the Court’s decision of not accepting the appeal of the plaintiffs seeking to homologate the sentence in that country.
In addition, on February 25, following the declaration of the Minister of Hydrocarbons and Natural Resources, Carlos Pérez, who affirmed the government’s intention to repair Chevron’s environmental catastrophe, UDAPT urged the government to present the reparation plan: in its response, the executive admitted that it had no plan, as can be clearly observed in this communication sent by the government itself.
Finally, even before the letter sent by the international community signed by more than 280 social collectives around the world representing more than 280 million people on the occasion of May 21 (global Anti-Chevron day), in which the government was urged to respect the Lago Agrio sentence and to condemn the crime perpetrated by the oil company, the executive has shown irresponsibility and negligence, as confirmed in the response of the Director of Citizen Attention Mgs. Irma Marisol Moreta Sanafria.
As UDAPT, we openly denounce the position of the government, which demonstrated its submission to transnational economic interests, in open collision with constitutional dictates, against its citizens and against its own judicial system. The executive’s decision to comply with the arbitral award represents a very serious threat to the Human Rights of all Ecuadorians, and it constitutes a dangerous precedent that puts the economic rights of multinational companies above them, endangering not only the ruling of Lago Agrio, but also the victories obtained, after years of struggle, by various indigenous organizations in defense of their ancestral territories, such as the Rio Blanco case, Sinangoe, the recent Waorani Pastaza case, among others.
According to UDAPT, the arbitral award is unconstitutional, it is inapplicable, it violates the sovereignty of the State, and it sets a terrible precedent for the validity and respect of human rights throughout the world, in the face of the protection of money and investments. Moreover, it is based on farces and lies constructed by the oil company Chevron itself. It is unacceptable that the Ecuadorian government give greater importance and relevance to the chain of lies of the oil company and to some arbitrators who do business with justice before its own judicial system, said Willian Lucitante, Executive Coordinator of UDAPT.
For Pablo Fajardo, UDAPT’s lawyer, it is clear that the Government of Ecuador is on its knees before the oil company and the ISDS system. The government decided to turn its back on the provinces of Orellana and Sucumbíos and ally itself with the oil company Chevron, regardless of the fact that people continue to die from the toxics left by this oil company, said Fajardo.
Finally, Justino Piaguaje, President of the Siekopai Nationality and plaintiff, affirms that we are going to propose new exequatur actions in other states. We hope that the Government of Ecuador, and its submissive Attorney General, will not interfere in another jurisdictions and will stop persecuting us. What the prosecutor and the Government of Ecuador must do is declare the arbitration award unconstitutional and unenforceable and not submit to the ISDS system. The Government of Ecuador is becoming the main violator of the Human Rights of the indigenous peoples of the Ecuadorian Amazon, Piaguaje said.
Mirian Ojeda Rojas: +593 6-283 0405 – +593 99 083 4021
Giulio Fabris: +593 99 478 3199