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Ecuador Fails to Eliminate Gas Flaring Despite Court Order: Amnesty
"It's not just Ecuador it's affecting," said one woman leading the fight against gas flaring, "it's the atmosphere of the entire world."
Aug 12, 2024
More than three years after a court ruling that left a group of young women hopeful that their legal action had helped "restore nature" for future generations in Ecuador, a report by Amnesty International on Monday found that gas flaring that the Provincial Court of Justice of Sucumbíos had ordered to be eliminated has actually continued—threatening public health and a just energy transition.
In its report, titled The Amazon Is Burning! The Future Is Burning!, Amnesty found the Ecuadorian government and public and private oil companies have avoided "any concrete and ambitious steps to remove the flares," instead taking measures that will allow them to "maintain oil production at all costs."
Following a legal action brought by nine women and girls from Sucumbíos and Orellana, supported by the Union of People Affected by Texaco's Oil Operations (UDAPT), the court ruled in January 2021 that Ecuador had ignored the rights that the plantiffs had to live in a healthy environment, and ordered that gas flares be shut down with officials prioritizing the removal of flares near population centers.
The flares burn natural gas, a byproduct of oil extraction—long a top industry in Ecuador—and the air pollution it causes has been linked to health problems including cancer.
A 2017 study by Clínica Ambiental found higher incidences of cancer among people who lived near oil facilities and gas flares in the Ecuadorian Amazon. A lawyer representing the women and girls and UDAPT also said two years of research had found 251 cases of cancer in Sucumbíos and Orellana, with women accounting for 71% of them.
As Amnesty noted, gas flaring is also linked to the emission of super pollutants like methane, which is around 80 times more potent than carbon dioxide in terms of its global heating potential.
Complying with the 2021 ruling in the case against the Ecuadorian Ministry of Energy and Non-Renewable Natural Resources and the Ministry of Environment and Water is a matter of "climate, environmental, and racial justice," said Ana Piquer, Americas director at Amnesty.
"The Ecuadorian state must put an end to the routine burning of gas in flares, a practice that is today endangering the Amazon, the world and the future of the children who will inherit the planet," said Piquer.
Amnesty verified that at least 52 gas flare sites are within three miles of population centers, continuing to put local communities at risk despite the provincial court's ruling.
In a video posted to social media by Amnesty, Evelyn Mora, one of the plaintiffs in the case, said the global community will ultimately be affected by Ecuador's refusal to comply with the 2021 ruling.
"It's not just Ecuador it's affecting," she said of the oil industries' continued use of gas flares, "it's the atmosphere of the entire world."
Amnesty emphasized that state-owned and private companies in countries including Ecuador, Brazil, Venezuela, and the United States use routine flaring during oil extraction as a cost-cutting measure in marginalized and low-income areas known as "sacrifice zones."
"By eliminating gas flares and committing to a transition to a fossil fuel-free economy, Ecuador can become a standard bearer for climate and environmental justice for the sake of the planet, now and in the future," said Piquer. "Oil 'wealth' has never reached the Ecuadorian Amazon; rather, the region is a large oil sacrifice zone where children, including the girls and young women in the gas flares case, are one of the most vulnerable population groups."
The group's report calls on the Ecuadorian government to take steps including:
- Designing and implementing a plan to eliminate the use of gas flares as soon as possible to comply with the 2021 ruling;
- Accelerating the removal of gas flares within three miles of population centers and requesting the necessary technical assistance to prevent methane leakage and other emissions;
- Phasing out fossil fuels and transition to renewable energy in a manner consistent with human rights by 2030, respecting the rights of oil industry workers; and
- Working with the Indigenous peoples of the Amazon to develop plans in accordance with their values and providing them with the necessary means to implement them.
Piquer credited "the courageous girls and young women plaintiffs in the gas flares case" with showing the global community "that children and young people around the world are urgently demanding climate, racial, and gender justice, as well as radical changes for human rights and nature."
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'Historic Victory': Ecuadorian Judge Rules Pollution Violates River's Rights
The court ordered the city of Quito to clean up the Machángara River, citing the rights of nature enshrined in Ecuador's Constitution.
Jul 09, 2024
Environmentalists around the world this week cheered what they called a "historic" ruling by an Ecuadorian court that human-caused pollution violates the rights of a river running through the capital city of Quito.
Responding to an application for a protective action filed by the Kitu Kara Indigenous people, a Quito judge on Friday found that municipal authorities are responsible for violating the Machángara River's rights and ordered officials to devise a decontamination plan.
The city of Quito said it will appeal the ruling. Mayor Pabel Muñoz said last week that an approved cleanup plan for the Machángara, which includes new water treatment plants, would cost $900 million and take 17 years to complete, according toLa Hora.
An editorial in El Comercio called the ruling a "significant step forward in defending the rights of nature" and "a milestone in the fight for environmental preservation in Ecuador."
"The recognition of the Machángara River as an entity with its own rights goes beyond considering it a mere natural resource," the editorial asserted. "This progress means that the river now has legal protection, and the authorities have an obligation to ensure its health and well-being."
Kitu Kara organizer Darío Iza said in a statement that "this is historic because the river runs right through Quito, and because of its influence, people live very close to it."
Quito must now implement a comprehensive wastewater treatment plan to reduce the discharge of pollutants into the river, restore riverbanks, and replant vegetation in degraded areas. The city of more than 2 million inhabitants has long used the Machángara—whose source is high in the Andes Mountains—as a dump, a problem exacerbated by a lack of adequate wastewater treatment infrastructure.
"It is alarming what happens with the Machángara because it should be full not of bacteria and chemicals, but of animal and plant life."
"The river carries away tons of garbage that comes down from gullies and hillsides," Global Alliance for the Rights of Nature said on social media. "This decision represents a breakthrough in the protection and decontamination of one of the most vulnerable rivers in the country."
Experts have likened the section of the Machángara running through Quito to a sewer in a Paris-sized city. The river is contaminated with heavy metals, fats, detergents, oils, bacteria, fecal matter, and a wide array of chemical pollutants.
"It is alarming what happens with the Machángara because it should be full not of bacteria and chemicals, but of animal and plant life," Blanca Ríos, an ecologist who has studied the river for 20 years, toldPrimicias on Tuesday.
Ecuador—one of the world's most biodiverse nations—is one of just a handful of countries to enshrine rights of nature in its constitution. Previous court rulings, including a 2021 decision against mining in the Amazon Rainforest and an earlier block on dumping in the Vilcabamba River, have upheld this right.
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Why People of Ecuador Were Right to Keep the Corporate Courts Out
In a referendum, Ecuador voted to keep its constitutional ban on using international arbitration and investor-state dispute settlement mechanisms.
Apr 27, 2024
The people of Ecuador have given a resounding NO to the return of secretive, foreign corporate courts suing the Ecuadorian state for democratic decisions.
In a referendum held last week, Ecuador voted to keep its constitutional ban on using international arbitration and investor-state dispute settlement mechanisms (ISDS) to settle disputes between foreign corporations and the state.
This was the second time that the Ecuadorian people have voted No to ISDS and its international arbitration courts by means of a direct vote at the ballot box. The first time was in the 2008 constitutional referendum when a new constitution, including article 422 banning ISDS, was submitted to a popular vote. Then came the task of exiting ISDS commitments which the government and legislators managed to do, taking 8 years to fully achieve, in the face of powerful lobby groups doing their utmost to uphold ISDS. Ecuador first withdrew from ICSID (the ISDS court within the World Bank) and then terminated 24 bilateral investment treaties which contained ISDS provisions.
Congratulations to Ecuador, who voted No to the primacy of capital over human beings.
Ecuador has been on the receiving end of several costly compensation awards by ISDS tribunals in favour of investors. For example, in 2012, a tribunal ordered Ecuador to pay the US oil company Occidental over USD 1.5 billion, one of the largest amounts a state had ever been ordered to pay.
Remarkably, Ecuador's right-wing government tried to overturn the constitutional prohibition and reintroduce these anti-democratic courts. Companies owned by Ecuadorians but registered abroad and large transnational corporations were eager to return to a system which allowed them to evade Ecuadorian laws—and dodge Ecuadorian tax liabilities.
But 63% of voters said No: a hard blow to the ISDS system, which will have important repercussions for the global struggle to dismantle the ISDS system. And reinforcing the importance of Honduras' recent decision to withdraw from ICSID.
Congratulations to Ecuador, who voted No to the primacy of capital over human beings. And Yes to people, the environment, sovereignty, and democracy.
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