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Arabica Robusta

Pambazuka - The Chevron precedent - 0 views

  • The Bowoto case is the legal reaction to Chevron’s role in a 1998 protest by Nigerian community activists in the Niger Delta. The unarmed demonstrators boarded an oil platform and adjacent barge, property of subsidiary Chevron Nigeria Ltd, in protest over the environmental and economic damage caused by oil production in the region. The activists were attacked on 28 May by Nigerian authorities ferried to the floating protest by the oil corporation. Two men were killed and several more protestors injured. Three others claim detention and torture.
  • After nearly 10 years of pre-trial motions wherein many claims were dropped by a pre-trial judge, the case finally debuted in trial in October 2008 and a decision was handed down on 1 December the same year. The nine-bench jury decided in favour of Chevron, clearing the corporation of any liability under the various claims. It was a defendant’s victory, but civil society groups and legal experts still label the case a milestone in advancing corporate accountability.
  • The Bowoto case is the first time the multinational magnate Chevron USA Inc. has been successfully taken to a US court for the actions of an overseas subsidiary. ‘Chevron has a very intricate structure, used in part to try and shield itself from liability,’ Simons said. The case has effectively scrapped this corporate strategy.
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  • The case also broadens the recourse for victims of human rights abuse by American corporations, who can seek redress in US courts under the aiding-and-abetting theory used in Bowoto v. Chevron Corp. that a corporation can be held liable as a third party.
  • The ATS is a US law that lets foreign citizens bring claims to US courts for damages done outside of the country. Claims are rarely upheld however, because judges have narrowly interpreted how the ATS is applied. This happened in a 1993 class action suit against Chevron and subsidiary Texaco, representing some 30,000 residents in the Amazon according to Amnesty International. The case was dropped by the US courts and palmed off to Ecuador where it is still ongoing. Other corporations domestically unscathed after US courts dismissed ATS claims include Talisman Energy Inc., the Southern Peru Copper Corporation and Coca-Cola.
  • At trial the District Court judge found a corporation is not an individual and can therefore not be sued under the TVPA. ‘This is significant. Most of the important legal precedents in this case have already been set … this is the only rule of law question [in the appeal].’ The TVPA is a civil law that lets citizens file a suit against another party that, acting for a foreign nation, commits torture or extrajudicial killing. In Bowoto v. Chevron Corp. the TVPA claim was thrown out. The word ‘individual’, according to the trial judge, does not describe the multinational Chevron.
Arabica Robusta

Chevron Has 5 Activists Arrested and Bars Entry to Global Victims of Its Practices at A... - 0 views

  • I think most importantly, what we demonstrated was that Chevron is afraid of the organizing against it, that when the communities from the location where it operates not only tell the truth about what it does, but link and form a community and a network, that we send an enormous amount of fear and shock through this company, because, believe me, this has never happened in a Chevron meeting before.
  • Chevron has a beautiful human rights policy, where they guarantee a two-way communication between the community people and Chevron. But on Wednesday, they outrightly did not respect even their own human rights policy. What happened is a confirmation and a demonstration of the abuse of human rights in the Niger Delta region by Chevron. It’s the demonstration by the use of brutal force by Chevron to suppress the indigenous people of the Niger Delta region. It’s a direct demonstration of the fact that Chevron does not listen to the voices of the people, to the complaints of the people, to the plight and conditions of the people of the Niger Delta communities.
Arabica Robusta

The Chevron Pit: After 18 Years Of Waiting, Justice Is Served! - 0 views

  • the victory could be short-lived. Last week a panel of international arbitrators in The Hague granted Chevron a preliminary injunction that could block the plaintiffs' efforts to enforce the judgment.
  • Meanwhile, Chevron is using the U.S. courts, in hopes of never paying anything at all. The company sued the plaintiffs and their lawyers in the U.S., where a federal judge recently issued a temporary stay blocking the plaintiffs' American lawyers from seeking to enforce any judgment.
  • Chevron has also sued the country of Ecuador under the terms of a trade agreement between it and the U.S.
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  • Even if Chevron never has to pay, the ruling could worsen what has already been a public relations nightmare for the oil giant when all oil companies are under added scrutiny in the wake of last year's oil spill in the Gulf of Mexico.
  • Few legal experts expected the case to get this far. The plaintiffs first sued Texaco in New York in 1993. Texaco, and later Chevron, successfully argued that the case should instead be heard in Ecuador, which was then run by a government seen as friendly to American business interests.
  • In 2007, however, Ecuador elected as president Rafael Correa, who has publicly supported the plaintiffs' cause. Chevron accuses the left-leaning government of interfering in the case, a charge the government denies.
Arabica Robusta

Chevron Guilty | The Price of Oil - 0 views

  • Pablo Fajardo, the lead Ecuadorian lawyer for the plaintiffs said the judgement was “a great step that we have made towards the crystallisation of justice”, but added the fine was too small – far below the $27.3bn sought by the plaintiffs – and they may appeal. He added that his team would now “take whatever actions appropriate” and “consistent with the law” to press for payment.
  • They added: “Chevron has spent the last 18 years waging unprecedented public relations and lobbying campaigns to avoid cleaning up the environmental and public health catastrophe it left in the Amazon rainforest. Today’s guilty verdict sends a loud and clear message: It is time Chevron clean up its disastrous mess in Ecuador.”
  • Ironically Chevron’s share price actually rose 1.3 per cent on the news, meaning that investors believe that Chevron will never pay.
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