The US Court of Appeals for the Second Circuit on Aug. 8 affirmed (PDF) a lower court ruling that barred Ecuadoran plaintiffs from collecting a $8.646 billion Ecuadoran judgment against Chevron Corp. The lower court had concluded in 2014 that the Ecuadoran judgment was obtained through corruption and fraud and barred the plaintiffs' attorney, Steven Donziger, from attempting to enforce the judgment or profit from the award anywhere in the world. The appeals court affirmed the lower court's judgment that concluded that Donziger and his team had secretly authored the judgment and offered the Ecuadoran judge $500,000 to sign it. The appeals court also said that the lower court's decision does not invalidate the judgment and does not prevent the enforcement of the judgment outside the US. The dispute arises from allegations by Ecuadoran plaintiffs of Chevron's role in environmental damage in the Amazon rainforest. Chevron disputes these claims, while Donziger maintains his innocence and that he is the victim of a coordinated campaign against him by Chevron.
A New York Times reporter followed a a force of Peruvian marines and rangers in a raid against illegal gold-miners in the Tambopata Nature Reserve, in the country's southern Amazon. Upon finding mining camps along the Río Malinowski, troops slashed bags of rice and plastic barrels of drinking water before setting everything on fire. But, massively outnumbered by perhaps 10,000 illegal miners in the area, they seem to be fighting a losing battle. They soon ran out of dynamite and resorted to a less sophisticated tactic: using mallets to smash the truck engines that miners use to power their derricks.
Peru's northern trans-Andean oil pipeline suffered its third serious rupture of the year June 24, spilling over 1,000 barrels of crude into an expanse of the Amazon rainforest. An area of 16,000 square meters is said to be contaminated in Barranca district, Datem del Marañón province, Loreto region. PetroPerú, the parastatal that runs the pipeline, has instated an emergency "contingency plan" and says it has contained the spill. But a preliminary report by the Dátem del Marañón Health Network, part of the Loreto Regional Health Office (DIRESA) warns that contract workers and local residents involved in the clean-up effort lacked special equipment.. Health risks could include "poisoning and burns" from direct exposure to the oil. (EFE, June 27; La República, RPP, Peru21, Mongabay, June 25; El Comercio, June 24)
Colombia's feared anti-riot force, the ESMAD, used tear-gas June 20 against campesinos occupying lands in the Amazonian department of Caquetá to block oil exploration efforts. Seismic activities are being carried out in the municipalities of Valparaiso and Milan y Morelia by a contractor for firm Emerald Energy. Protest leader José Antonio Saldarriaga said: "We defend our territory, the water and the future for the next generations... It caused us much sadness that 95% has been displaced by violence, and now that we are returning, the multinationals want to displace us for extractive projects." The new blockades come almost a year after three local campesinos were gravely injured in a similar police operation to break up a blockade of seismic exploration workers. UK-based Emerald Energy was purchased by China's Sinochem in 2009. (Contagio Radio, June 21)
The US Supreme Court on June 6 declined to hear an appeal by the government of Ecuador of a $96 million arbitration settlement awarded to Chevron oil company. The high court let stand a 2015 decision by the US Court of Appeals for the District of Columbia Circuit, upholding the 2013 award in Chevron's favor issued by The Hague's Permanent Court of Arbitration in the Netherlands. Texaco, which was acquired by Chevron in 2001, originally brought suit in Ecuador for breaking terms of oil contracts and international agreements. Chevron initiated the arbitration proceeding at The Hague in 2006, seeking to hold Ecuador's government liable for damages from pollution of the rainforest. Chevron claimed Ecuador violated provisions of a 1997 investment treaty by failing to resolve lawsuits in a timely fashion. With interest, the arbitration award stands at approximately $106 million, Chevron said. Other Chevron cases related to matter before The Hague panel remain pending. (AP, Reuters, OilPrice, June 6; Chevron press release, Aug. 31, 2011)
Peru's President Ollanta Humala declared a 60-day state of emergency in the rainforest region of Madre de Dios in response to reports of mercury poisoning by outlaw gold-mining operations. According to country's Environment Ministry, as many as 50,000 people or 41% of the population of Madre de Dios, have been exposed to mercury contamination. The government plans to send hospital ships and loads of untainted fish to the area, where mercury has contaminated local waterways. Illegal gold production has increased five-fold in Peru since 2012, and it is estimated to provide 100,000 direct jobs in the country, 40% of which are in Madre de Dios. Peru is the world's sixth largest gold producer, but an estimated 20% of its annual output is of unknown origin. (Mining.com, La República, May 24)
UK-based indigenous rights advoacy group Survival International has launched a campaign to prevent the annihilation of tribal peoples in Brazil, to coincide with the 2016 Olympic Games in Rio de Janeiro. Despite the political chaos currently engulfing Brazil, the campaign aims to bring attention to serious human rights issues and threats facing the country's indigenous peoples. Survival states: "These threats persist regardless of the political turmoil in the country." The campaign, "Stop Brazil's Genocide," focuses on protecting "uncontacted" tribes of the Amazon such as the Kawahiva people; ending violence and land theft directed against the Guarani in southern Brazil; and stopping PEC 215, a proposed constitutional amendment that would undermine indigenous land rights and spell disaster for tribes nationwide.
Fernando Meléndez, president of Peru's northern rainforest region of Loreto, announced April 29 that he will seek a referendum on seceding from the country, charging that the central government "has no interest" in addressing the region's needs. "Loreto will take historic decisions in the coming days to determine its destiny," he told local media. "If the government does not listen at the dialogue table, we will decide to seek a referendum and see the possibility of going down another path." He said that despite the "patriotic spirit" of Loreto, Lima has mainly seen the region as a source of oil wealth, abandoning its people to underdevelopment. He said that last year Loreto received only 600,000 soles ($180,000) in compensation for oil exploitation in the region. "This is inconceivable. Loreto is a region that over 40 years has given the national treasury billions of dollars, and therefore we demand that the government give compensation; all of the budgets in our region are broken."