Historic Award to Ecuadorian Residents In Pollution Case

Historic Award to Ecuadorian Residents In Pollution Case

By Patrick Vanderpool
Impunity Watch Reporter, South America
 

Ecuadorian resident at press conference following courts ruling (photo courtesy of CNN)
Ecuadorian resident at press conference following court's ruling (photo courtesy of CNN)

 QUITO, Ecuador – A judge in Ecuador has awarded $8.64 billion to Ecuadorian residents of the Amazon who had sued Chevron for years of crude oil pollution.  The award is set to double if Chevron does not apologize within two weeks.

Both sides have indicated that they will appeal the verdict.

Chevron claims that the court’s verdict is the “product of fraud.”  The plaintiffs assert that the award is too small in relation to the cost of the pollution’s cleanup. In addition, Chevron alleges that “the Ecuadorian court’s judgment is illegitimate and unenforceable.”

The lawsuit charged that the oil company used a variety of substandard production practices in Ecuador that resulted in pollution that “decimated” several indigenous groups in the area.

According to the Amazon Defense Coalition, Chevron has admitted that Texaco, its predecessor, dumped more than 18 billion gallons of toxic waste into Amazon waterways, abandoned more than 900 waste pits, burned millions of cubic meters of gases with no controls and spilled more than 17 million gallons of oil due to pipeline ruptures.  The coalition claims that cancer and other health problems were reported at higher rates in the area.

Luis Yanza, a spokesperson for the Assembly of those Affected by Chevron, said at a news conference that the ruling was “historic” and a “collective victory.”  Yanza was also quick to proclaim that the award was fairly insignificant in terms of the harm that 30 years of pollution has had on the area.

The judgment against Chevron is the latest skirmish in 18 years of litigation between the Amazon indigenous groups and Chevron, which inherited the lawuit when it purchased Texaco in 2001.

Although both parties will appeal, Humberto Piaguaje, a local leader, called the judgment “a victory for the population that lives in the oil-producing area in northern Ecuador.”  “The judge did justice and has seen reality,” said Piaguaje. “We know that this is only one part of our fight and we will continue until there is justice and the damage is healed. The world should know that what happened in the Amazon and our fight for life, for justice.”

For more information, please see:

Bloomberg – Chevron’s $17 Billion Ecuador Judgment May be Unenforceable, Analysts Say – 15 Febraury 2011

CNN – Appeals Planned after Amazon Residents Win Ruling Against Chevron – 15 February 2011

Reuters – Snap Analysis – Chevron-Ecuador Case Only at Beginning of the End – 14 February 2011

Myanmar Arrests an Australian Newspaper Editor

By Joseph Juhn
Impunity Watch Reporter, Asia

RANGOON, Myanmar — The Australian owner and editor of the only English-language newspaper published in Myanmar has been detained under Burmese immigration law. This arrest comes amid a business dispute with his Burmese partners over the ownership of newspaper, however.

The editor, Ross Dunkley, founded the newspaper, The Myanmar Times, in 2000, which is the sole publication with rare foreign investors in this repressed regime. It is published weekly in English and Burmese.

His associate, David Armstrong, said Dunkley was arrested on Thursday as he returned from Tokyo when he was accused of violating immigration laws. The grounds for violations are unclear at this point. He is being held in Insein Prison pending a hearing on Feb. 24, Mr. Armstrong said.

Sonny Swe is also the co-founder of the Myanmar Times who is the son of an influential member of the junta’s military intelligence service.

But Sonny Swe was jailed in 2005 and his stake was handed to Tin Tun Oo, who the article said was close to the military regime’s information minister.

Tin Tun Oo was a candidate for the military-backed Union Solidarity and Development Party (USDP) during controversial November polls, but was not elected to the country’s new parliament, which resumed just last month.

Although some political experts have suggested political shift have created a glimmer of hope for a country run by the military for almost half a century, critics see merely cosmetic alterations aimed at hiding the generals’ power behind a civilian facade.

Reporters Without Borders, an NGO, ranked Myanmar 174th out of 178 countries in its 2010 press freedom index, and reported last year that the regime increased censorship ever since the first election that took place last November in 20 years.

Some media rights group quoted in December as saying that the country was a “censors’ paradise”, where journalists and internet bloggers are subject to arrest and intimidation and those sending information to foreign news organizations face long prison terms.

After the election in November, authorities suspended nine weekly news journals that gave significant coverage to the release of democracy icon Aung San Suu Kyi.

For more information, please see:

ABC News – Jailed Australian replaced at Burmese paper – 14 February 2011

IHT – Myanmar Arrests a Newspaper Editor – 12 February 2011

BBC News – Burma: Australian publisher Ross Dunkley arrested – 12 February 2011

MSN Malaysia News – Australian newspaper boss arrested in Myanmar – 12 February 2011

HRW Call For International Intervention in Mogadishu

by Laura Hirahara
Impunity Watch Reporter, Africa

Armed fighters from the militant group Hizbul Islam line up in Somalias capital Mogadishu; Photo courtesy Reuters
Armed fighters from the militant group Hizbul Islam line up in Somalia's capital Mogadishu; Photo courtesy Reuters

MOGADISHU, Somalia- The New York based organization Human Rights Watch (HRW) has released a report on the war-torn capital of Somalia, Mogadishu, citing heightened violence between Somalia’s Transitional Federal Government (TFG) and the Islamic militant group al-Shabaab .  In this report, HRW has called upon the international community to intervene in Somalia to prevent further civilian casualties and stop the flow of refugees out of the country.

Somalia has existed without a central government since 1991 when President Mohamed Siad Barre was removed from power.  In 2006, Ethiopian military forces entered Mogadishu to oust an Islamic court coalition which was controlling the city.  Since then, violence has steadily escalated, leading to all out war-fare in the streets of Mogadishu and mortar and rocket fire attacks within the city limits.

Al-Shabaab, which claims ties to al-Qaeda, has launched two major offenses against the TFG, both in May and then again over August and September of last year.  Currently, the TFG, which is the internationally recognized government of Somalia, controls only portions of the capital city.  The TFG has support from nearly 8,000 African Union peacekeeping troops but battles have been brutal and often amount to small gains and losses.  Frank Langfitt, reporting from Mogadisu for NPR stated “This morning. . .the African Union took about 70 yards and they expect that later tonight al-Shabaab will try to take back that 70 yards.”

In the midst of this fighting, thousands of civilians in Mogadishu are either leaving their homes or becoming victims of the conflict.  Though Somalis have been fleeing to refugee camps in Kenya since 1991, the recent conflict has prompted everyone who can afford to leave Mogadishu to make the journey across the border.  The International Committee of the Red Cross reported this last January that it received a record number of patients with war related injuries in 2010, amounting to over 2,300 injured.  HRW claims that both sides are responsible for massive civilian deaths which they believe may amount to war crimes.  Said  Rona Peligal, deputy Africa director at Human Rights Watch, “The world has for too long ignored the appalling cost to civilians of the fighting in Mogadishu. . .An international commission of inquiry is urgently needed to investigate war crimes committed in Somalia by all sides.”

For more information, please see;

Bloomberg- War Crimes Investigation Needed in Somali Capital, Civil Rights Group Says14 Feb., 2011

Bikyamasr- End War Crimes in Mogadishu15 Feb., 2011

NPR- On the Front Lines in Somalia14 Feb., 2011

Argentina Protests Washington Over Plane Incident

By R. Renee Yaworsky
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina—On Monday, Argentina declared that it intends to lodge a formal protest against Washington, D.C.  The protest stems from an incident that occurred last week, wherein Argentine officials say they confiscated undeclared weapons, spy equipment, and drugs from a U.S. military aircraft.  The authorities claim they seized almost 1,000 cubic feet of such cargo.

The aircraft involved is a U.S. Air Force C-17 transport plane.  The plane was searched by Argentine customs officials last Thursday at the Ezeiza International Airport.  According to Argentine officials, it had landed with experts ready to engage in a routine hostage rescue training exercise—something they consider a ruse to bring the undeclared items.  A U.S. Special Forces team had been invited into the country to give the training course to Argentina’s federal police.

Argentina’s President Cristina Kirchner’s administration announced that they would be lodging the protest with Washington, D.C. in order to request that it help investigate what they called the Air Force’s attempt “to violate Argentine laws by bringing in hidden material in an official shipment.”  The South American country has categorized the cargo seized from the plane as “sensitive material,” stating Sunday:  “Among the material seized, which the State Department makes no reference to, are from weapons to different drugs, including various doses of morphine.”

Machine guns, ammunition, and spy equipment were listed as some of the items found on board.  Argentine officials said that these had not been properly declared in a manifest submitted by the U.S. embassy.

After the incident, the assistant U.S. Secretary of State for Western Hemisphere Affairs, Arturo Valenzuela, telephoned Argentine Foreign Minister Hector Timerman to complain about the way that Argentine officials handled the search of the plane.  Timerman’s response was:  “Argentine law must be complied with by all, without exception.”

U.S. officials have denied any wrongdoing, and one explained:  “We do respect their laws; we do respect their sovereignty.”  The official said every gun was declared but extra gun barrels were seized because they were not marked with matching serial numbers.

Relations between Argentina and the United States have been strained lately, and President Obama recently decided not to visit Argentina during his first trip to Latin America next month.

For more information, please see:

Washington Post-Argentina, US tangle over military material-14 February 2011

AFP-Argentina seizes illicit cargo on US military plane-14 February 2011

Buenos Aires Herald-US gov’t releases docs detailing bilateral agreement in US plane case-14 February 2011

Illegal Logging Could Threaten Uncontacted Tribes

By Patrick Vanderpool
Impunity Watch Reporter, South America

Recently photographed uncontacted tribe in Western Brazil (photo courtesy of CNN)
Recently photographed uncontacted tribe in Western Brazil (photo courtesy of CNN)

BRASILIA. Brazil – An indigenous rights organization has released what it says are photos of an uncontacted tribe in Brazil that is threatened by the logging across the border. Survival International, the group responsible for the photographs, released them in hopes that it would draw public attention to the illegal logging activities that threaten the tribe’s land.

The photographs show members of an uncontacted Brazilian tribe that is likely to get drawn into conflicts with Peruvian tribes who are fleeing their homes because of the logging. One photo shows five tribe members, some in red tribal paint, standing in front of a hut and looking upward. One man is holding a bow, and another, younger person, holds a machete. Foods including bananas, papayas and cassava can be identified near the tribe members.

In a written statement, Stephen Curry, a Survival International Director, stated that “the illegal loggers will destroy this tribe.”  “It’s vital that the Peruvian government stop them before time runs out. The people in these photos are self-evidently healthy and thriving. What they need from us is their territory protected, so that they can make their own choices about their future.”

Loggers in Peru are forcing indigenous tribes from Peru into Brazil, where, according to Survival International, “the two groups are likely to come into conflict.” Several nongovernmental organizations have urged Peru to act against the logging for years, but those groups have say that not enough had been done yet.

For years, Peruvian officials have denied the existence of these indigenous peoples while they continue to allow exploration of the lands for resources. One advocate for indigenous tribes stated that the publication of these photos “is necessary to reaffirm that these peoples exist, so we support the use of images that prove these facts.”

For more information, please see:

New York Times – Isolated Amazon Tribe Threatened by Logging, Group Says – 13 February 2011

Boston Globe – Uncontacted Tribes in the Amazon – 12 February 2011

CNN – Group Releases Photos on Uncontacted Tribe to Raise Awareness – 1 February 2011