Think Green Live Clean

Daniel Zanini H.

While the world has changed since the onset of the Aguinda vs. Texaco lawsuit in 1993, the issues confronted in the case remain central to the fight for both human rights and environmental protection. The ongoing legal battle is being fought between two sides, one being a dominant oil corporation, and the other being made up of five indigenous tribes and 80 communities (approximately 30,000 inhabitants) of the Amazon rain forest. The indigenous communities of the Ecuadorian portion of the Amazon have accused Texaco of polluting their lands and water sources, as well as destruction of the rain forest that has also led to the destruction of the natives’ community and way of life. Many indigenous people have become ill and died from the pollution from the oil giant whose imperialistic exploitation essentially eradicated an entire culture and its forest home. Testimonies from many villagers have cited the violation of human rights that occurred when Texaco oil workers invaded their villages and infiltrated the Amazon’s delicate ecosystem.

According to plaintiffs, Texaco oilmen raped both the land and the villages’ population. Indian women were both sexually violated or carried off, while the men were often removed and stranded from their homes. The charges have been met by Texaco, who argues for the need of official documentation, police reports, and doctor examinations. They do not believe that oral testimonies of the indigenous population should be ruled as evidence in the case. In the early years of the lawsuit, the oil company and its lawyers were protected and shown special privileges. They were escorted to courtrooms protected by armored guards, while the plaintiffs’ lawyers were not. Texaco first started drilling in Ecuador’s Amazon rain forest when the country was being run by a military dictatorship who profited from the dominant, wealthy US oil men. The Indians, on the other hand, remain at the bottom of society, suffering from a caste system that dates back to the conquests of Spain in the area. The upper class in Ecuador grew wealthier from the oil extracted in Indian homelands. $25 billion was extracted by Texaco, whose umbrella corporation Chevron claims that 95% of the revenue (about 24.5 billion) went straight to the Ecuadorian government and it is the natives’ government who should be held accountable. Despite this claim, the area remained impoverished, and the rain forest was annihilated.

With the presence of a new leader and a switch to a socialist government, Ecuadorian support has now turned toward the indigenous people and the devistated rain forest. Rafael Correa, the leader elected in 2006 has called the environmental damage to the Amazon a crime against humanity. Not only has he extended greater protection and rights to indigenous cultures, but he has now given “Pachamama”- “Mother Earth”- legal standing. A newly voted in constitution gives nature the right to “exist, persist, maintain, and regenerate its vital cycles, structure, functions, and its processes in evolution.” Ecuador is the only country in the world to have granted legal rights to the environment.

With the growing global discussions on the importance of environmental protection and the consequential human rights issues that arise, the case has grown in its perceived level of importance. We are still awaiting a verdict, yet, no punishment or money retribution will gain back the natural state of the ravaged rain forest lands. Neither will it account for the obliteration of an ancient culture that existed within this delicate landscape. The waters of the Aquarico river have turned black from pollution, and the fish population that once fed the indian communities has become virtually extinct. The forests have also been depleted from naturally existing resources and game. The toxicity in the soil samples gathered in the area are a testament to this destruction. In the Ecuadorian Amazon the native tribes existed for more than 500 years, existing despite the conquests of the Incas, Spanish Conquistadors, and American missionaries. The oil extraction and invasion of Texaco succeeded in the destruction prior invasions could not achieve. The oil company remains firm in its proclamation of innocence and it refuses to pay. Indian Protests and court battles have continued to endure, but it is apparent that even with a victorious verdict, the damage is irreparable.

What we can take away from this fight is perhaps the most important issue at hand. If we do not hold accountable those who seek profit at the price of human rights and environmental health, we are destined to witness a continued destruction of cultures and nature. Perhaps other countries should discuss amendments to their constitution that call for the legal rights of “Pachamama,” as Ecuador did, before its too late.

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