by Emilee Gaebler
Impunity Watch Reporter, South America

QUITO, Ecuador – Chevron has released statements that they will appeal an Ecuadorian court ruling, sustaining an earlier decision, that they pay $18 billion in damages to the indigenous and rural residents in the northern Amazonian region that was destroyed in the early 1990s by the company’s negligent business practices.

In a case that first entered litigation in 1993, Chevron has fought aggressively to eradicate any of their liability for the environmental destruction in the Amazonian rainforest.  Chevron is making a variety of claims to fight the recent decision handed down by an Ecuadoran appeals court on January 4.

“Today’s decision is another glaring example of the politicization and corruption of Ecuador’s judiciary that has plagued this fraudulent case from the start…Chevron does not believe that the Ecuador ruling is enforceable in any court that observes the rule of law,” was Chevron’s official statement.

The appeal is being made to Ecuador’s national court and asserts that reports and evidence made against Chevron were fabricated and that bribes were offered by plaintiffs and accepted by the judges.  Additionally, Chevron is claiming that a law was retroactively applied to the case and that blatant disregard has been shown towards their proof that releases of liability were signed by the government of Ecuador early in the 1990s.

In the original decision, released over a year ago, Chevron was told that to make a public apology to Ecuador and if they did not, then the payment required of them would be increased to $18 billion.  To this date, no apology has been issued by the company.

The case centers around the destruction of the Amazonian rainforest that occurred in the early 1990s, the effects of which are still felt to this day.  Chevron’s operations allegedly used substandard products, dumped more than 18 billion gallons of toxic waste into the Amazon river, abandoned almost a thousand waste pits and spilled millions of gallons of oil into the environment due to pipeline ruptures.

The roughly 30,000 indigenous and rural individuals, who make up the plaintiffs in the case, continue to be deeply affected in their day-to-day lives.  They are forced to drink contaminated water from the still-polluted river.  They have difficulties subsisting as wildlife has been almost eradicated and the land has been degraded.

There is also an ongoing health crisis.  Those living in the area suffer from respiratory conditions, skin diseases, reproductive problems and higher cancer rates than average.  The plaintiff’s attorney, Pablo Fajardo, stressed that these acts by Chevron are poorly disguised racist attempts to deny the right of access to justice to the indigenous people.

Beyond the appeal, this case might soon be heard on the international level.  The Hague, last February, also began investigations into this case.  A decision by the tribunal is expected to be released soon as to whether or not they have jurisdiction to hear the case.

 

For more information, please see;

Insurance Journal – Chevron Appeals$18 Billion Judgment Ruling in Ecuador Lawsuit – 23 Jan 2012

CNN – Chevron Appeals $8.6 Billion Ruling – 21 Jan 2012

Indian Country – Indigenous Ecuadorians Take Their Struggle Against Chevron to International Courts – 18 Jan 2012

Oxfam America – Chevron’s Last Gasps in its Fight Against the Amazon? – 17 Jan 2012

The New Yorker – Reversal of Fortune – 9 Jan 2012

by Emilee Gaebler
Impunity Watch Reporter, South America 

SANTIAGO, Chile – Throughout much of the Bio Bio region and Araucania region deadly forest fires have raged for the past few weeks.  The area, roughly 500 miles south of the capital of Santiago, has been destroyed by the fires that have burned down hundreds of homes and caused thousands of evacuations.

 

Until recently, the only casualty in the deadly fires was that of an elderly manwho refused to evacuate his home, despite repeated appeals to leave.  On Thursday January 5, 2012 seven firefighters were killed in the line of duty.  The men were working in a mountain forest near Carahue in the Araucania region.  They were trapped by the fire when the high wind unexpectedly changed direction.

Ten men in total were placed in danger that day.  Two of the men were rescued by helicopters and suffered intense burns.  A single man, Hector Herrera managed to escape on his own. 

“When I wanted to leave, I was unable to do so, I went back and there was fire everywhere. My only option was to go to the canteen and soak myself in water and then go through the flames,” said Herrera to local media.

The men were private contractors for a forestry company, Mininco.  Reports have surfaced that none of the men were experienced in fire-fighting.  The forestry worker’s union blames Mininco for the seven deaths; citing inexperience, poor training and failure to properly supervise workers in dangerous conditions.

Early in the investigation, authorities blamed arsonists for starting the fires.  Several fires began almost simultaneously in multiple areas; a clear indication that some type of foul play was involved.  Following confirmation of the seven firefighter’s deaths, Chilean president Sebastián Piñera was quick to note the “criminal intent” present and that the fires were under consideration as having a “terrorist nature.”

Interior Minister, Rodrigo Hinzpeter, followed this with accusations that the Coordinadora Arauco-Malleco (CAM) group was responsible.  CAM is a Mapuche Indian activist group.  The group forcibly advocates for reinstatement of ancient tribal lands.  Allegedly, the disputed land, in the Araucania region, was illegally taken from the Mapuche people both in the early 19^th century pacification campaign and by the Pinochet dictatorship of the 1970s. 

Hinzpeter based his conclusion on the acknowledgement by CAM that activists had burned a Mininco helicopter and other forestry vehicles on December 30, right before the fires began. 

CAM leaders have denied any role in the fires at all.  They do admit to the burning of the Mininco helicopter, which they viewed as operating illegally on Indian lands.  It appears to have been a strategic move in the enduring dispute between the forestry company and the activists. 

“In the face of accusations issued by persons from the current government and right-wing members of Parliament, we say — emphatically — that the CAM had nothing to do with events that occurred at the House of Stone estate in Carahue,” was the statement released by the group.

A Mapuche spokesman, Natividad Llanquileo, also expressed the grief felt by the tribe not only for the seven deaths but also for the destruction of “mothe earth” by the deadly fires.

Locals in the area have theorized that the fires were started accidentally in the process of burning wood to make charcoal.  Hector Rebolledo, a fire chief, stated that people were seen making charcoal in the area right before the fires broke out. 

In the aftermath of this, President Piñera has invoked strong anti-terrorist laws to punish those responsible.  These anti-terror laws stem from the Pinochet era and are frighteningly restrictive on justice.  They allow for steeper punishments, indefinite imprisonment without being charged and testimony from anonymous witnesses. 

Prosecutors are permitted to keep their evidence secret, are more readily granted the power to monitor suspect’s activities (tapping phones, placing wires and intercepting communications) and can detain suspects for up to 10 days without bringing any charges.      

“The law will continue to be applied whenever necessary to fight this small group of people who, without respect for life or property, seek to impose their views through terror,” said Piñera in support of the laws. 

One of CAM’s leaders, currently serving time in jail for assaulting a prosecutor, said the whole situation was simply a set-up to allow for implementation of the anti-terror laws.  The statement notes that these laws are a valuable tool being used by the government to dismantle not just the Mapuche people’s movement but Chilean social movements in general.

In fact, just days after the anti- terror laws were enacted; a fire was started at a local Mapuche chief’s home, destroying it.  Then, a Mapuche woman and her daughter were cruelly beaten by police officers during their arrest for disturbing the peace. 

As reported by the Latin American Herald Tribune, a cell phone video shows an officer striking one of the women with the butt of his gun as she holds a child in her arms.  He then points his gun at her head and pulls the trigger back before walking away.  The other woman was “roughed up” by the other officers. 

Both women were released from jail and an investigation into the events of their arrest has been initiated.  As well, Hinzpeter is now denying making direct statements blaming the Mapuche Indians for the fires.  His sudden reversal comes after much criticism and an order from the Court of Appeals to clarify the statements he made earlier this month. 

 

For more information, please see:

Latin American Herald Tribune – Chilean Cops Under Scrutiny for Beating of Indian Women – 19 Jan 2012

Latin American Herald Tribune – Indian Activists Deny Setting Deadly Blaze in Chile – 19 Jan 2012

Santiago Times – Chilean Minister Backs Down on Indigenous Arsonist Claims – 19 Jan 2012

Indian Country – Chile Invokes Chilling Anti-Terrorist Law Against Indigenous Mapuche – 11 Jan 2012

Asia One News – Chile Invokes Terror Law After “Deadly Criminal” Wildfire – 6 Jan 2012

BBC – Chile Blames Mapuche Indians for Deadly Forest Fires – 6 Jan 2012

Google  – Chile’s Mapuche Denies Role in Deadly Arson – 6 Jan 2012

Times Union – Chile Blames Deadly Fires on Mapuche Indian Terror – 6 Jan 2012

By Paula Buzzi
Impunity Watch Reporter, South America

SANTIAGO, Chile — President Sebastian Pinera has been accused of attempting to “whitewash history” by his left wing opposition parties after the National Education Council formally announced its decision last week to refer to General Augusto Pinochet’s controversial rule as a “regime” rather than a “dictatorship” in school textbooks. The council had approved of this change in December during a special session but it became known to the general public only on Wednesday after an El Dinamo report.

Education Minister Harald Beyer defended the change on Wednesday stating that the decision to change the way textbooks refer to Pinochet’s rule was not politically motivated, but rather was  based on the fact that “regime” is a more general term used around the world that would be better understood by children in the first through sixth grades.

“This has nothing to do with partisans or detractors. It is about using the same expression used in schools around the world, a more general term such as military regime,” Beyer stated. He added that he personally has no problem acknowledging Pinochet’s regime as a dictatorship.

Left-wing opposition parties, however, are outraged by the decision. During Pinochet’s rule from 1973 to 1990, over 3,000 members of the opposition were killed or disappeared and around 37,000 were tortured or illegally held. President Pinera’s majority in parliament  relies in part on the backing of Pinochet’s former political base, the right-wing Independent Democratic Union.

According to the director of the Museum of Memory, Ricardo Bordsky Baudet, the term “Military regime” is a euphemism which hides something relevant. Deputy RN party president, Manuel Jose Ossandon believes history should be left to the historians. “If my father had been detained and disappeared, this change would be an insult to me,” he stated.

Senator Isabel Allende, whose father had been detained and murdered, believes the change is unacceptable. “It goes against all common sense, because the whole world knows that for 17 years what we had in Chile was a ferocious dictatorship with the most serious violations of human rights,” she said. Allende’s father, President Salvador Allende, was killed in 1973 when he was overthrown by Pinochet’s regime.

Former President Eduardo Frei also believes the change is a mistake. “History cannot be changed by a decree or a law. There is only one history and it is clear: it was a dictatorship, full stop.”

 

For further information, please see:

The Washington Post – Chile Replaces ‘Military Dictatorship’ With ‘Regime’ in Official Textbooks – 04 January 2011

BBC News – Pinochet “Dictatorship” Textbook Row Erupts in Chile – 05 January 2012

Herald Sun – Chile Downgrades Pinochet Era to a ‘Regime’ Rather Than a Dictatorship – 05 January 2012

The Financial Times – Chile Axes ‘Dictatorship’ From School Books – 05 January 2012

The Telegraph – Chile Accused of Airbrushing Augusto Pinochet History – 05 January 2012

 

 

 

by Emilee Gaebler
Impunity Watch Reporter, South America

SANTIAGO, Chile – Dozens of forest fires currently rage throughout the southern Magallanese, Maule and Bio Bio regions.  Over 500 firefighters have been deployed in an attempt to control the fires that started on December 31. 

In the Bio Bio region, a 75 year-old man was killed when he ignored evacuation requests.  Over 40 homes have now been destroyed and roughly 500 people have been forced to evacuate the area.

Empresas Copec SA, the largest publicly traded Chilean company also suffered losses.  A plywood-producing mill in the Bio Bio region was destroyed in the fire.  Copec successfully evacuated 250 employees from the Nueva Aldea plant well before the fire hit it.

Due to the destruction caused by the fire, the public shares for the company fell 1.8% according to the Washington Post Business reports.  The company released a statement that estimated close to 9,880 acres of company land were destroyed.

Throughout Chile, 48 separate fires existed yesterday and only 20 of them are under control.  Early on Monday of this week the 500 evacuees were forced to move a second time as the flames advanced.

“We are facing an extremely vulnerable situation.  Three regions are under red alert. In addition we have eight regions with different types of fire alerts. This undoubtedly puts enormous pressure on resources,” stated President Sebastian Piñera.

Helicopters and planes also were deployed to the area but were unable to be used in fighting the fires due to the high winds, which are fanning the flames.  Solely those workers on the ground have fought the battle at this point.

The firefighters say that they have controlled four of the six big fires that have spread throughout the Torres del Paine National Park, which is located further south in the Patagonia region.

Thousands of tourists, currently vacationing in the Patagonia area, were banned from visiting the world-famous park; causing millions of dollars to be lost by the tourism industry.  President Piñera hopes to reopen portions of the park by the middle of this week.  He reports that currently 32,000 acres have been destroyed, which is close to 7% of the total park.

An Israeli tourist, 23 year- old Rotem Singer, was detained this weekend on charges of arson.  Police claim that he is suspected of negligently starting the fire in the Torres del Paine Park.  Friends of Singer say that he lit a toilet paper roll on fire and did not properly extinguish it.

Family members of Singer’s, back in Israel, are outraged over the accusations being made.  They claim that Chile is simply looking for a scapegoat to blame the fires on.  The Chilean prosecutor on the case says that Singer acknowledged his role in starting the fire.

If convicted, Singer faces two months in jail and a fine of $300 (US).  Environmental groups roundly criticized the government for what they viewed as a “slow response.”  President Piñera, in response, has proposed enhanced penalties for those responsible for starting fires, regardless of their actions being negligent or planned.

 

For more information, please see;

CNN – Deadly Chile Forest Fires Spread – 2 Jan 2012

CTV – Chile Battles 3 Massive Wildfires; 1 Killed – 2 Jan 2012

Washington Post Business – Copec Falls Most in Four Weeks as Chile Fire Destroys Plant – 2 Jan 2012

BBC – Israeli Tourist Family Defends Chile Fire Suspect – 1 Jan 2012

by Emilee Gaebler
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina – Last week, the “media bill” made its way through Argentina’s lower congress, passing in the lower house by a vote of 134 to 92.  It then moved forwards, where the Senate also passed it.  This week President Cristina Fernandez signed it into force.

The Argentine “media bill” is being criticized as way for the government to choke the freedom of the press.  The bill makes the sale and distribution of newsprint a national interest.  This places it under government control so that the paper is equally distributed to all media sources and has a set price.

Papel Prensa, which distributes 78% of all newsprint in Argentina, is now mandated by the government to operate at maximum capacity in order to meet all domestic needs.  They must also supply the state with a regular investment plan.

The main shareholders of Papel Prensa are the Clarins media group, which owns a 49% share and the La Nación media group, which owns 22.5%.  The government owns a 27.5% share.  Both Clarins and La Nación have stated that the bill is an underhanded government expropriation of private property.

It is well known that President Fernandez believes Clarins media group provides unfair reporting on herself and her government.  She has also alleged in the past that the sale of Papel Prensa to Clarins sometime during the 1976-1983 military dictatorship was illegal.

“The intention to seize Papel Prensa isn’t an isolated case, but the latest in a whole series of measures aimed at controlling the media,” said opposition deputy Federico Pinedo.

Clarins newspaper notes that there are a number of disturbing aspects to the bill.  First is the passage that allows for the state to unilaterally take a majority share of the company as the newsprint distribution is now classified a national interest.  Also of concerns is the portion that would permit the Economy Minister to determine how much newsprint to import, establishing government quotas that have never before existed.

The Argentine Association of Journalistic Enterprises also criticized the bill in a statement they released, noting that the actions taken will cause more problems than they propose to solve.

Supporters of the bill state that in the past, the monopoly held by Papel Prensa over access to newsprint has limited the abilities of independent media sources.  Smaller newspapers like Pagina 12 and El Tiempo Argentino applauded the passage of the bill.

Concurrent with the media bill passage is a new anti-terrorism bill that classifies certain “economic crimes,” including certain actions taken by the media, as terrorist acts.  The bill states that “economic terrorist acts” are those done with an intent to terrorize the general population.

Argentine newspaper, O Estado de Sao Paulo reported that this measure would allow the government to consider “terrorist” anything that negatively portrays or criticizes the government.  This second bill is viewed as a much more cunning move by the Fernandez administration to ensure that media sources within the nation are kept in check.

A third bill passed through the government at the same time.  It limits the amount of property that is purchased in Argentina by foreign companies or foreign individuals.  The law was passed close to unanimously in both houses.  It limits foreign entities from owning more than 15% of Argentine territory.

All three together are leading some commentators to note that the way is now paved for President Fernandez to establish an authoritarian regime.   Since she was sworn in for her second term as president, just two weeks ago, Fernandez’s administration has pushed through 11 new laws.

 

For more information, please see:

Merco Press – Argentine Media Bill: “A Dictatorship Couldn’t Have Done it Better” – 27 December 2011

Pulse America – Argentina This Week – 26 December 2011

BBC News – Argentina to Tighten Controls on Newsprint Supplies – 16 December 2011

Center for International Media Assistance – Argentina: Controversial Law to Control Newsprint Production in Argentina Moves Forward – 15 December 2011