News

Ecuadorians Still Searching for Justice in Chevron Case

By Delisa Morris

Impunity Watch Reporter, South America

QUITO, Ecuador — Litigation that began in 1993 continues to forge on.  In 1993, a group of attorneys filed a class action suit in New York on behalf of Ecuadorian farmers and indigenous tribes in Ecuador against the oil giant Texaco.  Texaco produced oil in the Amazon during the 70s until the 80s.  After nine years, the case was dismissed because of a lack of jurisdiction.  The court stated that the suit should be brought in Ecuador.

Destruction from oil in the amazon. Image courtesy of assets.inhabitats.org

In 2001, Texaco was acquired by Chevron.  Steven Donziger, another New York attorney later took over the case and used celebrity support, sympathetic media coverage and financial backing from hedge funds to restart the case in Ecuador in 2003.

In the mean time, no one has cleaned up the oil.  Waste oil remains in open pits near rural hamlets and people drink from oil contaminated streams daily.

Eight years after the restart in 2003, the suit led to a $19billion verdict against Chevron.  The company’s liability was confirmed by Ecuador’s top court, but the damages were reduced to $9.5billion.

Even after the damage cut, Chevron refused to pay for three reasons: it’s impossible to tell Ecuador’s pollution apart from Chevrons, Texaco had cleaned up its fair share of pollution and received a blanketed release by the Ecuadorian government and according to Chevron, Donziger used fabricated evidence, coercion and bribery to win the suit.

Just when the Ecuadorians believed that they would have clean drinking water, or a new medical center to take care of their oil induced injuries, Chevron filed a countersuit in 2011.

Chevron’s countersuit basically accused Donzinger of conducting a corporate shakedown.  This past March a U.S. District Judge agreed and invoked the Racketeer Influence and Corrupt Organizations (RICO) Act.  Judge Kaplan concluded that the litigation against Chevron was irrevocably marred by fraud and corruption, orchestrated in large by Donziger.  The judge said Donziger had forged court documents, bribed Ecuadorian judges and submitted false technical documents disavowed by his own paid experts.  The judge decided to punish both Donziger and his clients, the Ecuadorian farmers and indigenous tribes for his wrongdoing.

Was this a fair outcome for the Ecuadorians?

Donziger has appealed the judgment and a federal appellate court in New York will hear arguments in the upcoming month.  Meanwhile, the highest court in Canada, is reviewing if the decision from Ecuador can be enforced in Canada where Chevron has extensive operations.

International legal correspondent Michael D. Goldhaber states “hope was that the Ecuador case would for the first time establish non-U.S. courts as a viable alternative to hold companies accountable when they are complicit in wrongs overseas.”

For more information, please see:

Bloomberg Businessweek – A Way to Clean Up Ecuador’s Oil Mess – 18 Sept 2014

Forbes – Ecuador, Chevron and Steven Donziger: The Travesty Described in Detail – 8 Sept 2014

Huff Post Business – How Chevron’s Scientists Misled Courts and Public About Death and Disease in Ecuador – 18 Sept 2014

Rolling Stone – Sludge Match: Inside Chevron’s $9billion Legal Battle With Ecuadorian Villagers – 28 Aug 2014

 

Despite Ukraine-Russia Truce Holding, Tension Between Russia and Baltic States Remains High

By Kyle Herda

Impunity Watch Reporter, Europe

VILNIUS, Lithuania – In Russia’s most recent move against the Baltic states of Latvia, Estonia, and Lithuania, Moscow has sought to reopen criminal investigations into Lithuanian residents who refused to serve in the Soviet army after Lithuania declared dependence in 1990. An estimated 1500 young people refused the orders nearly 25 years ago, and now Russia wants them to pay.

NATO jets fly over Lithuania as part of Operation Reassurance. (Photo courtesy of Ottawa Citizen)

While Russia has already made this same request once prior, roughly ten years ago, the surrounding context now makes the situation more dire. The recent abduction of the Estonian border guard, coupled with Russia’s current attempt to prosecute him for allegedly spying, has forced the Lithuanian State Security Department to advise Lithuanians who withdrew from the Soviet army in 1990 to refrain from traveling outside of Lithuania, or at least outside of any European Union or NATO countries.

Lithuanian President, Dalia Grybauskaite, has taken the additional step to establish certain strategic sectors of the Lithuanian economy as those that should have major investments first vetted to the government. This comes as a matter of national security after a Russian-led company leased two large plots of land next to Siauliai airport, where NATO planes patrol the Baltic skies. NATO currently has Operation Reassurance based in Siauliai, and the aims of this operation are to preserve NATO European airspace and safeguard NATO nations from air attacks, specifically in response to Russia’s recent aggressions in eastern Europe.

Russia has also flown jets close to Baltic borders over 140 times this year, and recently successfully tested its new Bulava Intercontinental Ballistic Missile (“ICBM”) with a range of 8,000 kilometers. Russia has recently spoken out about securing the rights and interests of ethnic Russians. Russia’s Foreign Ministry chief monitor of human rights overseas, Konstantin Dolgov, in a speech in Latvia’s capital, Riga, said, “It has to be stated with sadness that a huge number of our compatriots abroad, whole segments of the Russian world, continue to face serious problems in securing their rights and lawful interests.”

As long as the military remains involved on both sides of the border, there will remain worry and uneasy feelings for all parties involved. On the one hand, worries in the Baltics are completely justified, as the situation in Ukraine prior to both Russia’s annexation of Crimea and the subsequent invasion by Russia of eastern Ukraine draws many parallels to what we are seeing now in Russia’s behavior towards the Baltic States. On the other hand, the situation in the Baltics differs from Ukraine in that NATO has already stated that a military response would come for the Baltic States in the event of a Russian invasion, citing Article 5 of the North Atlantic Treaty as justification of such an event.

So while concerns that this may be Crimea all over again carry heavy weight, they may not be entirely justified. While the situation began very similarly, the implications here if events continue down the same path would result in a very different, and potentially much bloodier, outcome. Perhaps this will deter either side from pushing too far, or perhaps this will allow for a much greater escalation in events.

For more information, please see:

Ottawa Citizen – Photos: CF-18 and F-16 Falcons over Lithuania – 17 September 2014

Reuters – Lithuania to vet more investments for national security risks – 17 September 2014

Baltic Review – Lithuanians Strongly Advised to Refrain from Traveling to Countries Outside the EU or NATO – 17 September 2014

The Baltic Times – More Russian jets near Baltic borders cause for concern, says army chief – 17 September 2014

The Moscow Times – Russia Sees Need to Protect Russian Speakers in NATO Baltic States – 16 September 2014

Canada National Defence and the Canadian Armed Forces – Operation REASSURANCE – 12 September 2014

The Moscow Times – Russia Proves Nuclear Muscle With Ballistic Missile Launch – 10 September 2014

 

Venezuelan’s Plastic Surgeons are Seeing the Impact of Shortages

By Delisa Morris

Impunity Watch Reporter, South America

Woman being prepped for plastic surgery on her breast. Photo courtesy of Daily News

CARACAS, Venezuela — There’s nothing new about Venezuelan’s complaining over chronic shortages since the governments restrictive currency controls deprive local businesses of the money to import foreign goods. However, outcry from Venezuelan women has begun to grow louder since FDA approved silicone breast implants have become scarce within the country.

Many women are so desperate that they and their doctors are turning to implants that are the wrong size or made in China, with less rigorous quality standards. Previously, Venezuelans had easy access to implants approved by the U.S. Food and Drug Administration.

Today doctors say they are now all-but impossible to find because restrictive currency controls have deprived local businesses of the cash to import foreign goods. It may not be the worst shortfall facing the socialist South American country, but surgeons say the issue cuts to the psyche of the image conscious Venezuelan woman. Venezuelan’s are obsessed with their appearance.

“The women are complaining,” said Ramon Zapata, president of the Society of Plastic Surgeons. “Venezuelan women are very concerned with their self-esteem.”

Venezuela has one of the world’s highest plastic surgery rates, and the breast implant is the premiere procedure. Doctors performed 85,000 implants there last year, according to the International Society of Aesthetic Plastic Surgery. Only the U.S., Brazil, Mexico and Germany, all with much larger populations, saw more breast implants.

While there are no official statistics on how many Venezuelans are walking around with enhanced busts, a stroll down any Caracas street reveals that the augmentations are prevalent there more than in other surgery-loving places. The mannequins even look like they have had breast implants.

In the recent past, women could enter raffles for implants held by pharmacies, workplaces and even politicians on the campaign trail. During this spring’s anti-government street demonstrations, the occasional sign protesting the rising price of breast implants blended with posters against food shortages and currency devaluation.

“It’s a culture of ‘I want to be more beautiful than you.’ That’s why even people who live in the slums get implants,” surgeon Daniel Slobodianik said.

Slobodianik used to perform several breast implants each wee, but now performs about two a month. He says women call his office daily to ask for the specific implant size they’re looking for and when they can’t find it they almost always size up.

Frustrated, the women have little sympathy, especially not from the government. The consumerism of plastic surgery never fit with the rhetoric of socialist revolution. The late President Hugo Chavez called the country’s plastic surgery fixation “monstrous,” and railed against the practice of giving implants to girls on their 15th birthdays.

 

For more information, please see:

 

CBS News – Breast Implant Shortage in Venezuela – 15 Sept 2014

Huffington Post – Breast Implants are Newest Shortage in Venezuela – 15 Sept 2014

NBC News – Venezuela’s Chronic Shortages Hit Brand-Name Breast Implants – 15 Sept 2014

Daily News – Venezuela’s Shortage of Breast Implants Leads to Riskier Decisions – 15 Sept 2014

All Eyes on Scotland This Week as Vote for Independence Draws Near

By Kyle Herda

Impunity Watch Reporter, Europe

EDINBURGH, Scotland – On Thursday September 18, Scotland will vote for whether to remain a part of the United Kingdom or separate and declare independence. Regardless of the outcome, the results will have a heavy impact throughout Europe.

A look at Scotland’s location within the UK, along with a projected breakdown of how the vote will go. (Photo courtesy of NY Daily News)

If Scotland’s vote for independence results in a vote to stay with the United Kingdom, Scotland will still receive some new benefits, in addition to keeping some old benefits. Britain has promised that in the event of a vote to remain in the UK, Britain would decentralize some power to Scotland. It is entirely possible that Northern Ireland and Wales could also receive similar benefits should Scotland remain united.

The political impact this vote in Britain could be huge, as Scotland has been united with England for 307 years. The loss of Scotland would be disastrous to British Prime Minister David Cameron and would make him appear weak and reckless to the British people for allowing Scotland to leave. Even if Scotland stays, to give Scotland more power and possibly have to give Wales and Northern Ireland more power would have a similar effect. Either way, England’s next elections will focus greatly on this event.

In addition to decentralized powers, Scotland would also continue receiving benefits from the rest of the UK, including, and likely most importantly, European Union membership and use of the euro currency. Should Scotland vote ‘yes’ for independence, Scotland would likely be promptly left outside of the EU and without a currency. While such a scenario would likely be followed with steps on how to apply for EU membership, it would entail time where Scotland is on its own to effectively establish a military and currency, two issues that are no small feat.

An independent Scotland would put the EU into a tough position, as the UK is already one of the more powerful economies in the world and would be weakening some. This move would also cause problems within other member States, as it would encourage independence referendums throughout Europe. Particularly, Italy’s Northern League, Flemish separatists in Belgium, and the Catalans and Basques in Spain would pose an immediate threat to the independence of those nations. The Catalans pose a particularly significant risk that Spain is worried may pan out should Scotland succeed in their movement.

This same threat is also felt in Eastern Europe in nations such as Latvia or Ukraine, where Russian-ethnic citizens could push for independence referendums, perhaps even backed by Russia who has shown it is willing to act militarily to support such movements.

As with most major decisions, while the act itself of Scotland separating from the UK may appear to be a good idea, it could have serious and unplanned impacts that may lead to major changes throughout Europe on the whole, with results that are impossible to foresee. For now, the only thing left to do is wait for Scotland’s vote on Thursday.

For more information, please see:

Daily Times – Europe changing shape whichever way Scotland goes – 15 September 2014

Business Insider – Europe fears Scottish independence contagion – 14 September 2014

The Independent – Scotland independence vote: Everything you ever wanted to know about life after the result – 14 September 2014

The New York Times – Scottish Independence Would Ripple Through Europe – 11 September 2014

Uganda prevents attack planned by al-Shabab

By: Ashley Repp

News Desk Reporter, Africa

al shabab 2

KAMPALA, Uganda

Ugandan military forces have reportedly foiled an attack planned by al-Shabab, after uncovering a terrorist cell in the city of Kampala.  An imminent attack by the Islamic militant group has been feared in recent days after the death of the leader.  Less than two weeks ago, the United States carried out a mission that targeted and killed the al-Shabab leader, along with two other companions.  This attack left the militant group calling for revenge and retribution for the attack on their organization and the death of group members.  In the wake of the call for revenge, nearby states, including Kenya, Somalia, and Uganda, have remained on high alert, concerned that a terror attack could be likely.

The target of the attack plan foiled by the Ugandan military is unknown, as well as the full scope of the plan.  The Ugandan government has urged citizens to heed the shelter in place warning, issued in the days following the death of the al-Shabab leader, and refrain from leaving the house at night.  The United States Embassy has echoed this warning, cautioning US citizens in Uganda to exercise caution during this time of heightened tensions in the region.  Busy areas and locations that accommodated high volumes of people on a daily basis may be targets, the US Embassy warns.  Such locations may include malls, local transit stations, airports, and movie theaters.

Uganda is not unfamiliar with al-Shabab to say the very least.  The nation has been involved with peace keeping initiatives that have required Ugandan troops having a presence in Somalia.  Indeed, al-Shabab carried out an attack on a sports bar in Uganda during the 2010 World Cup, killing many.  Al-Shabab has warned that all of those who maintain a presence in Somalia may be targets for violence; Uganda and Ugandans are on the list.  Retaliatory measures in the wake of last week’s events are requiring that the Ugandan government exercise vigilance to protect its people and deter attacks directed at the country or citizens.

While a retaliatory act seems likely, Uganda may have enough time to sufficiently brace itself and further explore any terror plot leads.  This is the best time to take advantage of any structural weakness of al-Shabab, as it recovers from internal tragedy and begins to implement new leadership.  Though al-Shabab may aim to carry out an attack in the coming days, it may be operationally incapable of carrying out an organized plan as the new leader attempts to pick up where the former leadership ended.

For more information please visit:

All Africa- Uganda: Government foils ‘imminent’al-Shabab terror plot- 13 Sept 2014

All Africa- Uganda: Kampala Foils Terrorist Attack, U.S. Citizens Urged to take caution– 13 Sept 2014

All Africa- Uganda: New Al-Shabab boss plans to hit Uganda- Gen Katumba– 13 Sept 2014

Aljazeer- Uganda foils ‘terrorist’ attack – 13 Sept 2014