Quito, 10 de abril de 2019 – UDAPT (Union of those affected by the oil operations of Texaco – now Chevron) on behalf of the indigenous populations and peasant affected by the damages caused by Chevron, points out and highlights that the decision of the Ecuadorian Government to take charge of the environmental repair of the certain damages caused by the oil company Texaco (now Chevron) does not absolve of responsibilities nor does it extinguish the judicial obligations of the company towards the affected populations.
The ruling of the Constitutional Court of June 2018 definitively concluded all the processes available in Ecuador. The decision, which establishes that Chevron is responsible for serious damage to the environment and the inhabitants, is final and unappealable in Ecuador. The judgement establishes a sentence for damages of more than 9,600 million dollars for the repair of the Ecuadorian Amazon after the environmental disaster caused in the years 1964-1992, but to date the sentence against Chevron remains unfulfilled. UDAPT wants to highlight, and the Government of Ecuador to recognize, that there is a total difference between the obligations emanating from that judgment and the obligations that emanate from the Remediation Contract signed between Ecuador and Texaco in 1995. It explains that the decision of the Ecuadorian Government to repair the affected areas responds to the fulfillment of its obligations established in the contract and that have nothing to do with what was ordered in the sentence against Chevron, which includes reparations for cultural damages, the health of local populations and the ecosystem.
Therefore, UDAPT declares that it is not opposed to the State’s initiative to assume the remediation of the environmental liabilities that correspond to it by the 1995 Contract. It clarifies that it will be necessary to jointly certify an inclusive and transparent action plan that actively involves the affected populations. Guillermo Grefa, leader of the UDAPT, explained “We have already expressed our doubts about the Government’s response to our request for clarification on the action plan and we hope that the State will arrive as soon as possible to a comprehensive, serious and responsible reparation plan, built from the bottom and that really benefits the Amazon and the indigenous and peasant populations that inhabit it”.
In the same way, he explained, “we will continue to demand that Chevron company fulfill its responsibility, confirmed by the four courts of the Ecuadorian justice process. We consider that the award issued on August 30, 2018 by the panel of investment protection arbitrators is illegal and unconstitutional, since it orders the Ecuadorian State to intervene in a dispute between private parties and to cancel the decision in favor of those affected, in addition to paying to Chevron a compensation still unknown for the alleged economic and moral damage caused.
Our fight for justice and for the rights of the Amazon and the populations that live there, which continues for more than 25 years, will not be stopped by this arbitration award or the decision of the State to implement a reparation plan; a decision that we consider insufficient and inadequate, as well as a clear attempt to comply with certain conditions of the International Monetary Fund to clean up the image of the oil company Chevron.
In conclusion, we ask the Ecuadorian Government to recognize that the reparation it intends to carry out is not in any way linked, nor is it a substitute for the final ruling issued by the Ecuadorian courts.
Giulio Fabris: +393396053548 / 0994783199
Ludovico Ruggieri: +393338354082 / 0980333806