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"A debt is not owed to Chevron. A debt is owed to the Amazonian families still waiting for truth, justice, and full reparation."
A US advocacy group, American human rights lawyer Steven Donziger, and the group in Ecuador behind a historic legal battle against Chevron over its dumping of toxic waste in the Amazon rainforest are condemning the Ecuadorian government's plans to pay the oil giant hundreds of millions of dollars due to an arbitration ruling.
In response to the legal fight in Ecuador that led to a $9.5 billion judgment against Chevron—which bought Texaco—the fossil fuel company turned to the investor-state dispute settlement (ISDS) system, suing the South American country in the Hague-based Permanent Court of Arbitration. As part of the latter case, Ecuadorian Attorney General Diana Salazar Méndez's office announced Monday that the government would pay the US company only around $220 million, rather than the over $3 billion Chevron sought.
While Chevron said in a statement that it was "pleased with the resolution of this matter" and claimed the decision "strengthened the rule of law globally," and Salazar Méndez's office celebrated the dramatically lower figure, and the Union of Peoples Affected by Chevron-Texaco (UDAPT)—the group that began the case against oil company in 1993—pushed back against the government's framing of the reduction "as if it was a success and an economic achievement."
"The reality is it is a defeat for justice," UDAPT argued in a Tuesday statement. "For 32 years, UDAPT has documented pollution, environmental crime, and lives broken by Chevron, proving what should be obvious: Communities have not recovered, health has not been restored, clean water has not returned, and the territories that sustain life remain contaminated. A debt is not owed to Chevron. A debt is owed to the Amazonian families still waiting for truth, justice, and full reparation."
Amazon Watch deputy director Paul Paz y Miño similarly said Tuesday that "this illegitimate arbitration process is nothing more than Chevron abusing the law to escape accountability for one of the worst oil disasters in history."
"Ecuador's courts ruled correctly and based largely on Chevron's own evidence, that Chevron deliberately poisoned Indigenous and rural communities, leaving behind a mass cancer zone in the Amazon," the campaigner continued. "Adding insult to injury, the idea that Ecuador's people should now pay a US oil company that admitted to deliberate pollution is the epitome of environmental racism."
Ecuadorian President Daniel Noboa "must not honor this ISDS award, and the international community must stand behind the victims of Chevron's crimes and demand that the company clean up Ecuador once and for all," Paz y Miño added. "Amazon Watch stands with the affected Indigenous peoples and communities of the Ecuadorian Amazon. We urge President Noboa to reject this illegitimate award, disclose any negotiations with Chevron, and enforce Ecuadorian law by ensuring Chevron pays its debt to those it poisoned."
Donziger—who was detained in the United States for nearly 1,000 days after Chevron went after him in the American legal system for representing Big Oil's victims in Ecuador—was also sharply critical, saying Tuesday that "the decision by a so-called private corporate arbitration panel that claims to absolve Chevron of its massive pollution liability in Ecuador has no legitimacy and does not affect the historic $9.5 billion damages judgment won by Amazonian communities."
"That judgment still stands as the definitive public court ruling in the case," he said. "The private arbitral panel has no authority over the six public appellate courts, including the Supreme Courts of Ecuador and Canada, that issued unanimous decisions against Chevron and confirmed the extensive evidence that the company devastated local communities by deliberately dumping billions of gallons of cancer-causing oil waste into rivers and streams used by thousands of people for drinking, bathing, and fishing."
"I also strongly condemn President Daniel Noboa for his plans to betray his own people by agreeing to send $220 million from the public treasury to Chevron, a company that owes Ecuador billions under multiple court orders for poisoning vulnerable Indigenous peoples with toxic oil waste," Donziger added. "Noboa would effectively grant Chevron a taxpayer-funded bailout financed by the same citizens who remain victims of the company's pollution. This would be an outrageous dereliction of duty and a violation of his oath of office, warranting removal."
"The world is watching and cannot wait for the Amazon basin and other precious ecosystems in the continent to be saved from extinction."
Amnesty International on Monday called for an "unprecedented response" from South American leaders as the continent faces wildfires that threaten the Amazon rainforest and other important ecosystems.
Citing two months of record-breaking wildfires, Amnesty issued an open letter to the presidents of Argentina, Brazil, Bolivia, Colombia, Ecuador, Paraguay, and Peru calling for coordinated government action.
"The world is watching and cannot wait for the Amazon basin and other precious ecosystems in the continent to be saved from extinction," Ana Piquer, Amnesty's director for the Americas, said in a statement.
"South American leaders must, more than ever, take urgent action to prevent climate catastrophe that could have irreversible consequences for the entire planet and future generations," she added. "The time to act is now."
Official satellite data from Brazil showed earlier this month that the continent had seen more fire hotspots this year than any other on record. Fires in the Amazon have created a "toxic smoke cloud" in an area larger than the entire United States, according to Live Science.
Wildfire smoke leads to thousands of premature deaths in South America per year. The recent upsurge in fires has led to cries for action from public health advocates and climate justice activists in many countries.
Indigenous leaders from the region will hold a press conference to address the crisis on Wednesday, September 25, in New York, according to Amazon Watch.
"This is revolting for us Indigenous peoples to have had so much faith in the government's commitments to our rights and the demarcation of our territories," said one Indigenous leader.
Friday is Indigenous Peoples Day in Brazil, and tribal leaders and activists used the occasion to criticize the left-wing government of Brazilian President Luiz Inácio Lula da Silva for falling short on promises to safeguard native land rights.
On Thursday, the Brazilian government announced the demarcation of Aldeia Velha, land of the Pataxó people, in the northeastern state of Bahia, as well as the territory of the Karajá people in Cacique Fontoura, Mato Grosso.
"Since the beginning of the current government, 10 areas have been regularized out of a total of 14 routed for approval," the government said in a statement. "The act reaffirms the focus of the federal government on the protection and respect of Indigenous peoples."
However, Indigenous peoples were anticipating the demarcation of six new territories. Lula acknowledged their disappointment.
"I know you are apprehensive and expected the demarcation of six Indigenous lands. But now we only announce two. And I'm being real with you," he said.
"Some of this missing land is occupied either by farmers or peasants," the president explained. "We cannot arrive without giving these people an alternative. Some governors asked for time to resolve, in a negotiated manner, the eviction of these territories so that we can demarcate them."
"The definition of these lands is already ready. What we do not want is to promise you today, and tomorrow you read in the newspaper, that a contrary decision was made," Lula added. "The frustration would be greater."
But the frustration was already there—and growing.
"This is revolting for us Indigenous peoples to have had so much faith in the government's commitments to our rights and the demarcation of our territories," Alessandra Korap Munduruku, a member of the Munduruku people and a 2023 winner of the prestigious Goldman Environmental Prize, told Amazon Watch in a statement published Friday.
"We hear all of these discussions about environmental and climate protection, but without support for Indigenous peoples on the front lines, suffering serious attacks and threats. Lula cannot speak about fighting climate change without fulfilling his duty to demarcate our lands," she added.
Articulation of Indigenous Peoples of Brazil (APIB), an umbrella group, said in a statement earlier this week that "the most serious thing is that the Lula government is tarnishing its historical trajectory."
"Since campaigning for his first term in 2002, the president has committed to demarcating Indigenous lands, but he was one of the governments that demarcated the least," the group contended. "And now, like other old and conservative governments, in the name of the country's progress and economic development, [Lula's government] undermines the basis of Indigenous peoples' existence, becoming hostage to the market, the powerbrokers, agribusiness, evangelicals, and the military."
APIB demanded that Lula "put an end to the criminal organizations that intimidate our people and communities, persecute and murder our leaders" and "dedicate farms for agrarian reform and demarcate our lands, which have been invaded and plundered for centuries by the invaders who arrived here 524 years ago and their current descendants."
Thousands of Indigenous peoples from throughout Brazil are expected to rally in the capital Brasília next week for the Terra Livre—or Free Land, camp—the country's largest annual native mobilization. Two years ago, Lula, then a presidential candidate, told Terra Livre attendees that he would end illegal mining on Indigenous lands. Despite a crackdown that resulted in an initial dramatic drop in illicit mineral extraction on Indigenous lands, illegal miners have returned with a vengeance in places including land belonging to the Yanomami people.
Criticism of Lula's demarcation process and the Brazilian government's Indigenous rights record came from outside Brazil as well.
" Human rights defenders are under extreme threat in Brazil. The federal government knows this but has so far failed to put the structures in place to provide them with better protection and tackle the root causes of the risks they face," Mary Lawlor, the United Nations special rapporteur on the situation of human rights defenders, in a Friday statement after an official visit to Brazil.
"Land is also the key to the protection of these defenders," she continued. "When I asked them what they thought would protect them they were clear: removal of invaders and demarcation now; accountability for environmental crimes. This for them is what collective protection, which is what is needed, means."
"There must be demarcation and titling," Lawlor added. "There can be no more delay."