[Resistanceen] RESISTANCE BULLETIN No. 48

[Oilwatch International]

Dear Friends,



Some of you have send us messages telling us that the Resistance Bulletin mailing list is having troubles, and sometimes the bulletin did not arrived.



For this reason, we are going to send you the LAST THREE bulletins of the year 2004.



Sorry for those that have already received the bulletins before.



Un saludo fraterno,



OILWATCH SECRETARIAT



===========================

RESISTANCE No. 48

OILWATCH NETWORK Bulletin

August 2004

===========================

 

CONTENTS:

 

I.  HYDROCARBON EXTRACTION AND HUMAN RIGHTS

1.1  LATIN AMERICA

            VENEZUELA: Report on the situation of environmental rights and oil activities

            PERU:  Camisea in execution and threat to indigenous communities

            ECUADOR:  Indigenous leaders in the eye of repression 

1.2   AFRICA

            NIGERIA:  Shell attacks again!

            EQUATORIAL GUINEA:  Oil, repression and misery

            SUDAN

1.3  ASIA  

            WEST PAPUA:  Tangguh gas project and human rights    

1.4  OUT OF THE TROPICS:  The ATCA in the United States

 

II. OIL IN THE TROPICS

2.1  LATIN AMERICA

            BRAZIL 

2.2  AFRICA

            MAURITANIA

            SUDAN: Petronas and its responsibility in the genocide

2.3  ASIA

            INDONESIA

            THAILAND  

            MALAYSIA 

            CHINA 

 

III.   VOICES OF RESISTANCE

            ECUADOR 

 

IV  REVIEW

             Report on the Human Rights Violations under the support of the oil companies in Colombia 

 

======================================================

 

I.HYDROCARBON EXTRACTION AND HUMAN RIGHTS 

1.1.      LATIN AMERICA

 

-          VENEZUELA: REPORT ON THE ENVIRONMENTAL RIGHTS AND OIL ACTIVITY

Venezuela lived a very critical situation during this last year.  This situation affected the oil industry operations and generated a national environmental alert that transcended internationally.       

Amigransa, member of the Orinoco Oil Alert Network, Oilwatch, among other environmental and social organizations, expressed their view in the face of this grave oil political problem with serious environmental repercussions.  This summary is part of the presented report on the human rights situation of Venezuela in 2003.  According to the report "the complete decline in the production of oil and gas of the West of the country involved the deliberate collapse of contingency plans to secure the continuity of the oil industry operation in its various localities, installation security and environmental damage and human health."

 

The Oil Alert Network (Orinoco Oilwatch) publicly maintained that the oil conflict increased the environmental risks of the hydrocarbon operations in the country.  "The dismantling of the oil installations by the workers on strike, as well as the insufficient number of personnel that have tried to maintain the oil industry afloat, have already been sufficient enough reason to create a situation of greater risk.  To this is added the accusations of damages, deliberate or involuntary, of the computer processing infrastructure, of the physical and financial operation, including some violent acts on the oil fields"..

 

According to the report, the conflict has served so that the Venezuelans, previously indifferent, asleep or ignorant "today become conscious of our enormous vulnerability and dependence on the oil industry ....why not then maintain closed once and for all some of the oil taps forced to closed due to the conflict?.  Or as we have requested so many times, free of hydrocarbon exploitation the fragile ecosystem of the area of the Golf of Paria and the Delta of Orinoco, valuable reserve of biotic resources and ecological function vital for Venezuela and all the East Caribean?"

 

In a public announcement, the Ministry of Environment and Natural Resources - MARN -, expressed that: "in our country enormous environmental problems have been accumulating during the past 50 years, due to exploitation of oil.  One of the examples of these problems that we have inherited is Lake Maracaibo condition on whose surface area or more than 12.000Km2, approximately 4.500 oil wells exist and at the bottom lies about 15.000 kilometers of pipe through which contains or once contained crude oil.  It is for this reason that frequent filtrations occur ( ..) which have to be continually repaired (blocked) by specialized divers".

 

OIL SPILLAGES

 

Within the oil strike, the MARN provided information on incidences of oil spillages.  According to the data provided, the average number of spillages in 2003 was around 45.  The main caused of these spillages as referred to by the official report are "due to the activities of PDVSA and are caused mainly due to sabotage, filtration, operational faults and sinking of trucks that transport perforation soils.

 

PETROL SPILLAGES

 

As in the case of oil spillages, the reports on petrol spillages are abundant, though contradictory.  Under these particular circumstances are reports of various road accidents of oil trucks, causing in some cases spillages of up to 36.000 liters of petrol.

 

GAS

 

During this period of time various NGO´s had announced the environmental and social dangers that the new oil and gas project that is propose for the area of the Orinoco Delta (State of Amacuro Delta) and the Gulf of Paria (State of Sucre), could cause, both long term megaproyects (between 30 to 35 years).

 

With the development of the North Paria proyect (also known as Mariscal Sucre Project, previously Cristobal Colon), the intention is to extract approximately 150 million cubic meters of gas, with an investment of 2.500 million dollars.  The partners in the project together with national PDVSA are the transnationals Shell and Mitsubishi.  The Deltana Platform project is located in the state of Amacuro Delta at a distance of 200km from the coast, in the coastal regions of the islands of Tobago and Trinidad.  Its area is calculated at 27.000 Km2 of platform and 55.000km2 of construction.  An initial state of exploration begins followed by joining of the finds in the waters of the Islands of Trinidad and Tobago; after would be the corresponding preselection of the participation companies and the handing over of licenses for exploration and production.  Finally are the stages of exploitation and commercialization planned for the year 2007.   It is estimated that in this last phase an exploitation of 1.000 million cubic feet of gas per day will be reached.  This giant  project is being carried out with the participation of large transnationals such as British Petroleum and British Gas Group (Great Britain), Norks Hydro and Statoil (Norwegean) TotalFinaElf (France), El Paso, ExxonMobil and Chevron Texaco (United States), in conjunction with PDVSA.

 

Both projects will be complemented with a large petrochemical industrial complex in Guiria (State of Sucre) to process the gas.  Through hundreds of kilometers of pipeline -under water- through the Gulf of Paria, gas and oil will be transported, from North Paria and the Deltana Platform to the population of Guiria.  Equally a large port terminal for large oil tankers will be constructed with the aim of transporting products to the exterior.  The aim of these two projects is to convert Venezuela into one of the largest exporters of gas, the principal destination of this being the United States.  

 

 The Northeast region, where the gas exploitation is intended, is one of the most fragile of Venezuela, which is the reason why these projects are being strongly questioned by environmental groups, indigenous communities and the fishermen community.  The Orinoco Delta is the seventh wetland area in the world, occupying a surface are of 87,650 km2 being the home of more than 80% of the Warao indigenous community, the second largest ethnic group in the country.  This extensive zone is rich in biological diversity and has been catalogued as one of the 8 biogeografical zones of greatest importance of Venezuela, occupying the 17th position of the most mega-diverse countries in the world.

 

The area occupied by the Golf of Paria in the state of Sucre, Monagas and the Amacuro Delta of approximately 200,000 inhabitants made up of the traditional ethnic Waroas and Karñas cultures and artesian criole fishermen, who have lived off the natural wealth of the area.  Within the area a fragile mangrove and wetland habitats, source of huge biotic wealth for the marine plants and animals and is the countries richest fishing zone.  It also presents a mixture of characteristics that imply a great risk for this extractive activity and consequently for the environment:  a) it is one of the areas of greatest seismic activity in Venezuela.; and b) strong marine and estuary currents are registered in this area.

 

In the face of the environmental and sociocultural costs implied by these projects, the oil companies have started activities known as "green makeover".   As an example in May of 2003 the United Nations Development Programme (PNUD) informed of a contribution of 35,000 dollars that the oil company ConocoPhillips operator of the Corocoro beds, situated in the East Gulf of Paria, and partner of the Deltana Platform - to the biodiversity conservation of wetland of the Orinoco Delta.  The execution of this project, named "Conservation and sustainable use of the biological diversity of the biosphere reserve and wetlands of the Orinoco Delta", is in the hands of MARN; who´s history dates from 2001, when MARNR and PNUD signed an agreement in the order of 32,5 million dollars".

 

If you require more information of the oil activities in Venezuela contact 

 

AMIGRANSA - Red Alerta Petrolera Orinoco Oilwatch

amigrans at internet.ve     o    amigransa at cantv.net

 

========================================

 

 

PERU: CAMISEA IN EXECUTION AND INDIGENOUS COMMUNITIES UNDER THREAT

 

During February of 2004, Aprodeh, member of Oilwatch in Peru presented a report on the Economic, Social and Cultural Rights situation in Peru, in which is included a summary of the human rights situation of the indigenous communities affected by the Camisea project.   We enclose a summary of this report, followed by the talk given by the President of Machiguenga Organization COMARU the day of the inauguration of the project on behalf of the government in august of this year.

 

The natural gas beds of the Camisea, in the Lower Urubamba, Department of Cuzco, will be distribution as from the second semester of 2004 and is destined for commercialization in the markets of the coast of Peru and probably North America.

 

The Camisea projects have three components:

(1)       Exploration of Camisea gas beds;

(2)       Transport via a 700km gaspipeline for the natural gas and a 540km gaspipeline for liquids to Pisco and

(3)       Distribution of gas in Lima and Callao.  The transport will initiate in the Maldives of the department of Cusco, crossing the department of Ayacucho, Huancavelica, Ica and Lima.

 

During the last two decades the governments created the hope among its citizens with the supposed resources that will be generated from the commercialization of more than 16 billion cubic feet of natural gas calculated from lot 88.  Despite the million programme of the State, local organizations have evidenced serious threats that is generated to the indigenous populations of the Lower Urubamba.

 

Lot 88, is superimposed with the territory of the Territorial Reserve Nahua-Kugapakaro created through the Ministerial Resolution 0046-90-AG and institutionalized with the Supreme Decree 028-03-AG.  This Reserve was constituted to guarantee the rights of the indigenous groups in isolation or in initial contact which live in its interior (Nahua o Yora, Nanti o Kugapakori, Kirineris and others not yet identified).  The reserve constitutes a response in the face of the constant abuses suffered by these groups during all the republics history, but more directly it is related to events caused during the 80´s, when Shell was responsible for the project, non desired contact between its workers and the nahua, caused the demise of 50% of these ancestral people. 

 

The territorial Reserve of Nahua-Kugapakori have not fulfilled its set objectives, whilst the legislative system that exists in Peru does not include effective guaranties or mechanisms to adequately solve, immediate and long term problems for all state entities and the individual ones that will allow the full respect of the reserve or the real mitigation of impacts caused by the Camisea Project. 

 

The presence of public entities in the region is not indicative and is disco-coordinated.  This situation leads to the lack of protection of the Self isolated Indigenous communities and exposed them to a situation of ethnic genocide, violation of the territorial rights and serious alteration of their geographical surroundings, integral component of their culture. 

 

The Camisea project threatens the survival and social reproduction and culture of these groups, including their environment due to the gas projects for the next 40 years, to which is added the logging pressure, growing colonization, and the inconsistency and weakness of the protective function of the State.  

 

In a field study carried out by APRODEH, member of Oilwatch in Peru has concluded the following:

 

In the execution of the Camisea project several non desired contact situations have occurred with indigenous groups in a situation of voluntary isolation.  Mainly due to PLUSPETROL workers having developed contacts in the areas of rios Serjali, Camisea and Timpia.  The activities of the Camisea Project dramatically affect the cultural and natural environment of the indigenous groups that live in the region.  In this way alterations have been evidenced in the regions aquatic ecosystems and the consequently diminishing fishing activity and accusations have been on alterations to terrestial fauna and consequently diminishing hunting activity; all of this due to sonic contaminatic, to the density of operation in the rivers and increased presence of external agents in the region.

 

Accusations exist in relation to the outbreak of new illness in the region.  This threat has to be interpreted as a continual experience of non desired contacts and consequent passing on of illnesses, which could lead to the demise of self isolated populations as has occurred previously.  Sufficient evidence exists to alter us of the direct impacts caused by the Camisea project, the same as the social and environmental phenomena (Colonilization, Deforestation and Contamination of drinking water sources) that has occurred in the Highland Urubamba, where colonist settlements have been created carrying out cattle ranching activities as development strategies, threatening the native cultural patterns.  This situation is even more serious if it occurs in isolated indigenous territories and until know no preventive measures have been taken to prevent that this colonization to extend to the region of Lower Urubamba.

 

Serious situations have occurred affecting individual rights, the most dramatic case being the death of matsiguenka girl, killed by the waves caused by the Camisea Project boats.  The identification of all individual affected cases and their possible judicial process should not be discarded.

 

 

 

==================================================

Talk by Walter Kategari (Vicepresident of COMARU - Machiguenga counsel of Rio Urubamba) before the Inauguration of the Camisea Project.  This document shows the enormous cultural impact that the gas project has caused to the population. 

 

Dear Mr President of the Republic Dr. Alejandro Toledo Manrique, ministers and authorities of the region, representants of the PLUSPETROL Company, institutional representant present, heads and members of native communities.

 

This is a acontecimiento transcendental for our nation, the functioning of the Camisea gas production process that we evidence today; I am sure will be remembered throughout history since it means an undeniable development of our country.  We are conscious that the exploitation of these resources has and will generate work and will reduce energy costs for the Peruvians; it is for this reason that the Machiguenga population has looked upon this project with great expectation and hope.

 

This explains the extreme interest that COMARU as major representative organization of the communities of Urubamba, following the development of the project, since social peace, the ordenamiento of our territories both physically and legally; as well as the conservation of our rich biodiversity is of exclusive responsibility of COMARU and its ally CEDIA which thanks to it continuous work for many years next to the State investing in international cooperation resources has enabled the consolidation of all of this region of the Urubamba and place it in the hands of an administrative unit made up of all actors of the region being the ADMINISTRATION COMMITTEE FOR THE SUSTAINABLE DEVELOPMENT OF THE LOWER URUBAMBA.

 

In the order in with our natural resources guarantee our future as people; we are and will continue to ensure the compliance of social, cultural and environmental standards for what ever project that develops in our region.  As a consequence we have continuously promoted an Independent Monitoring process headed by the local civil society and which we have been carrying out within the means possible. 

 

In large part the conditions imposed on the State and the Companies and BID, is due to our objective view and criticisms of this project;  and the studies which entities and independent professionals have backs us;  for this reason history not only accumulates events but also judges and so we have wanted to on our behalf ensure that the exploitation of a non renewable resource, does not on the one had imply the destruction of others and the degradation of our environment, territories, culture and social conditions.

 

In the process this has been our contribution and will continue being.

 

For us the Camisea Project will be a reference symbol in which we will refer to our valley in relation to befote Camisea and after Camisea;  be asured that even though great  quantities of economic resources have been invested to show us that there have not been impacts, our people, our rivers, our forests, fauna and land have suffered them, which has repercussions on our health, nutrition and inheritance.

 

We are sure that Camisea is only the beginning and in many years we will not have the peace in our territories because behind this comes others, and possibly other companies; in the face of this, the only thing we can invoke is our rights, that from this experience onwards we will demand respect for our rights and the compliance with standards that guarantee a dignified future for our people.

 

Our wish is that from this experience consultation and negotiation process improve; standardize methods to value environmental damages, that the agreements be clear and transparent, what is indemnity and what is compensation; we can not allow to be taken advantage of for our condition as natives; I say this because this is what all the communities feel that have had agreements with the companies in which it has been felt that "they have not acted with good intentions" and are not satisfied with the process, because they consider it as non finished business.

 

This is not good for the project, because a project of this scale should be a model and reference point on how to treat our environment and the rights of our people.

 

COMARU will call upon the best of Civil Society and other allies, to contribute more initiatives to improve the developing process that we have observed from the project.  I should make clear that we have no other motive than to defend our future; for this we need the State to be on our side backing our initiatives and defending our interests, up till known we have felt this very distant or non existent at all.

 

We congratulate the culmination of this stage of the Camisea project and it is our wish that wherever the gas or energy of Camisea reaches, it be known that there is an indigenous people that has contributed fighting against the impacts of this project, so that the objective of improving the living conditions of the rest of our nation be fulfilled".

 

Thankyou

 

 

 

Consejo Machiguenga de Río Urubamba

COMARU

comaru at terra.com.pe

 

==============================

 

1.2. ÁFRICA

- NIGERIA: SHELL AGAIN

ERA Field Report

 

THE ASARAMA PEOPLE

 

Asarama is a rural riverine community in the Andoni clan of the Ijaw ethnic nationality. The community is located in the Andoni Local Government Area of Rivers State, Nigeria. The group occupies the eastern Niger Delta, which geographically lies between Bonny Island in the West, Ibibio in the east, Ogoni in the north and the Atlantic Ocean to the South. The inhabitants of the area are predominantly fisher folks.

 

THE GREAT ENCOUNTER

Hordes of sad Asarama locals who are taking refuge in neighbouring communities revealed to ERA team that on in January 2004, Shell Petroleum Company of Nigeria Limited (SPDC) commenced oil exploration and exploitation in the community, without entering into any agreement or understanding with the community.  ERA further gathered that the community insisted on an agreement with SPDC over their activities, which has

caused unprecedented damage to the hitherto rich mangrove vegetation and water system in the poor village of Asarama. However, Shell was said to have turned deaf ears to the community' plea for negotiation.  On March

29, 2004, irate youths from the community, in order to compel Shell to dialogue with them, seized two (2) vessels in the community belonging to the Trans-national Corporation.  Characteristically, rather than negotiate with the community, SPDC swung into action, they brought into the community Nigerian

Navy to rescue their vessels and teach the “stubborn  Asarama people a lesson.

 

WHAT A HEAVY PRICE OF OIL

That Friday, April 2, 2004, is a day the rural people of Asarama will for the rest of their lives remember.  That fateful day, a detachment of officers and men of the Nigeria Navy numbering about 30, armed with submachine guns, grenades and others weapons of mass destruction stormed the village.  They travelled in three ferryboats, and were led by Commander T. Y. Barry of the Nigerian Navy.  Like a scene in a war movie, they gained entrance into the community through Opobo town, a neighbouring community, and stormed Asarama jetty, which linked the community.

 

After forcing their way into the area, they went straight to a place in the community where the seized vessels were parked, and recovered it.  After that, came the terror of Shell.  Community people narrated to ERA that between 10.00am and 12.00pm (2 hours) guns shots and grenade explosions barked and bite uninterruptedly like mad dogs.  Blood of innocent villages flowed, many allegedly killed, some abducted, women were raped at gunpoint, while properties were looted and destroyed.

 

15 FEARED DEAD

Indeed, it was a reign of terror.  About 15 community youths suspected to be among the youths who seized the Shell' vessel were abducted.  Their identities are still unknown.  They were said to been taken to unknown destinations by the company' invading Navy.  Wailing locals told ERA that the abducted youths were later killed and their lifeless bodies

dumped in a river in the area called Opobo Creek.  However, ERA has not been able to confirm this.

 

2 WOMEN RAPED

Two young ladies in their late 20', who were shown to ERA by some chiefs of the sacked community alleged rape by the Asarama Pacification Force (Nigerian Navy).  Narrating their ordeals to ERA, these young ladies who are unmarried, and who preferred that their identities be concealed told ERA in Pidgin English, “When we heard the sounds of the gun, we were surprised.  We came into Asarama just yesterday.  We stay in Port Harcourt.  No body told us about this.  We were dressing to come out and visit

Opobo town.  Suddenly, the gunshots were moving closer and closer.  We remained inside our house and locked it, four Navy men starting knocking on our doors, to open and submit the boys.  Since we did not have any male person in our room, we started crying, saying that we don’t have any person.  When we opened our doors, they searched and did not see any person. 

One of them then said “Men only that?   The man has marks on his face.  If I see him again, I can identify him.  Four of them came in and locked the door and forced us and made love to my friend and my self under gun point one after another .  One of the ladies broke down in tears while narrating their ordeals to ERA, about their encounter with Shell' randy naval men. 

 

TWO PANTING BETWEEN DEATH AND LIFE

At least, everybody in Asarama community had their own tastes of the bitter pills of crude oil.  Mr. Andrew Nathaniel, 30 years old suffered serious gun wounds.  The duo is lying critically at the University of Port Harcourt Teaching Hospital (UPTH).  In the case of Nathaniel, a bullet pierced his waist, while Jacob San' case is too critical.  According to a Doctor (name withheld) who spoke to ERA at the hospital, he said, that two bullets rip Jacob San' chest, and one frank of the heart is also affected.  ERA is in possession of pictures of the victims of Shell' terror campaign in Asarama.

 

UNENDING TEARS AND SORROW AMONG A PEOPLE

Scores of community people had their houses destroyed, others suffered gun wounds.  A community leader who gave his name as Chief Frank said;Please help us and tell the world that Shell has finished us.  Another Ogoni is here.  Please (ERA) tell them, tell everybody you see that this Lucifer' agent (Shell) had done their worst here.  I tell you they will kill everybody if they want to continue their operations again in this Asarama , the community leader who spoke fearlessly, and who is in his 50s cried out. When ERA visited the rural community, a lot of the people have deserted the area following the attack. 

Many Asarama locals are now leaving as refuges in the neighbouring communities of Opobo, Ogoni and other parts of Andoni.  As at the time of this report, the rampaging Shell Navy subjects passenger boats coming in and out of the community to search and harassment.

 

ERA RECOMMENDATIONS

 

- SPDC should stop armed campaigns against unarmed rural communities in the Niger Delta, rather should employ dialogue as a means of resolving conflict.

 

- SPDC should tell the world the whereabouts of the 15 abducted community youths.  They should also offer medical care to the ones lying critically ill in the hospital; treat the two ladies allegedly raped by Shell' Navy and rehabilitate the battered people.

 

Noticia de Patrick Naagbanton desde  Asarama, Andoni Local Government Area of Rivers State.  

 

 

OIL, REPRESSION AND MISERY IN ECUATORIAL GUINEA

 

At the beginning of this year, two Spanish marine vessels left the port of Rota heading for Ecuatorial Guinea.  The Spanish government, who did not demure in suspending the mission in the face of accusations from the press, assured that they were merely military excersices subscribed within the signed agreements between Spain and its ex colony.  However indicates towards it being a show to strength the image of the dictator Teodoro Obiang Nguema, heading the country since 1979.

 

Obiang reached power after beating and shooting his uncle, Francisco Macías, president of Ecuatorial Guinea since its independence in 1968.  Macías had converted the country into a misery concentration camp from which more than one third of its population had fled from.  For this reason Obiang, who in those days was a young official with an immaculate career and Defense vicepresident, was acclaimed as the "liberator" of his people.  Not long passed before he showed the opposite.  Surrounded by the Mongomo clan (from his native lands) and protected by his marocan guard, Obiang assured a corrupt and brutal power in which the lack of freedom and violation of human rights occurred daily.

 

However, far from finding himself rejected and isolated internationally, Obiang had the backing of France, the United States and Spain.  The president of the French Republic, Jaques Chirac, is friends with president Obiang and France included Ecuatorial Guinea in its area of economic influence in 1989, a year before signing a military cooperation agreement.  More so, French military and mercenaries train the "ninjas", an elite unit made up of tontons-macoutes from Haiti and the Guatemalan death squads.  On its behalf the United Stated maintains excellent relations with Malabo since its new energy policies converted the West African region into a region of strategic priority.  Spain has not been able to resist the temptation and the times of tension and criticisms of human rights violation have passed onto a relationship of friendship and cooperation that tends to intensify.

 

This support has no ethical consideration whatsoever.  Between Gabon and Cameroon, this small country with half a million inhabitants has become a valuable piece in the international strategic game.  The reason being that this small island whose capital is Malabo, and whose coastal waters lie above large offshore oil beds (close to the coasts, that is to say within national sovereignty).  Current production is above 250.000 barrels of crude oil daily and for the near future it is expected to reach half a million.  This would convert the country into the world`s largest producer of oil per inhabitant in the world, above that of Kuwait.  Prospecting has increased 10 fold in the last five years, but production could increase even further if Guinea resolves in its favour the sovereign rights over the island of Mbagne.

 

The black gold fever has radically changed the situation is Ecuatorial Guinea, at least in appearance.  Its GNP per capita has gone from 330 dollars per inhabitant in 1990 to more than 6.000 in 2002 and the level on increase of the its economy has been 30% during 2002.  However according to the International Monetary Fund (IMF), 95% of the population survives on less than 1 dollar a day and the United Nations indicates that life expectancy is around 54 years of age.  Ironically according to the magazine Forbes, president Obiang is one of the richest men in the world. 

 

A corrupt political clase monopolized by families close to Obiang, sucks up all the resources of the country.  His son Gabriel Obiang is minister of Hydrocarbons, whilst his primogenitor Teodoro, known as Teodorin among his orgy friends from the most expensive Parisian hotels, is the minister of Forests.  Position which he does not have any qualms in working with logging companies, radio stations, televisions channels, aerolineas including a recording producing company with headquarters in the United States.  Teodorin is also the president of the only state oil company, Total Ecuatorial Guinea (80% under the ownership of the Franco-Belgium multinational Total Fina Elf).  Teodorin has had to in various occasions make use of his diplomatic immunity to escape accusations from the French justice for drug trafficking and money laundering.  But he is not the only implicated government official, various diplomats (such as the embasador of Ecuatorial Guinea for Geneva) have been expelled from the countries which they were in accused of drug trafficking.  More so, Victor Guy, treasurer of the Medellin Cartel, during the mid 90´s had a Guinean passport.  Finally, help for development which previously came from the Spanish and now from the French is lost among a network of interests and commissions created from both sides.

 

Whilst the repression the opposition continues, of little help was the Constitution approved in 1991 which established multiple political parties.  Each election is a farse in which the president obtains 99% of the votes.  During the last elections of December 2002, more than a hundred members of the Convergence for Social Democracy (CPDS, the only solid opposition party) were imprisoned.  Among them the opposition leader Placido Mico accussed of being involved in a conspiracy plot to remove the president in 1997.  The court case took place during July of 2002 and was denounced internationally for the lack of even the most minimum guarantees for the accused.  The tortures and attacks against the Bubi ethnia and violations of human rights have become routine.  

 

The situation of the ex Spanish colony is very serious.  Instability increases due to speculations of the ill health of the president and the innumerable rumors of possible coups.  During the first semester of this year legislative elections are expected.  Without a doubt we will be present at the reception of the farce, whilst the United States, France and Spain remain in silence in the face of the disaster.  On its behalf, Exxon, Elf and Repsol collect their benefits.

 

 

 

Source: 

AIS (Agencia de Información Solidaria) 

www.infosolidaria.org

Noticia del Periodista Juan Carlos Galindo 

Umoya

 

- PETRONAS AND THE SUDANESE GENOCIDE-

 

No one mentions the genocide in Sudan. Malaysian mainstream papers do not mention this atrocity perpetrated on the animists, Christians and on the Muslims themselves by the Arab North. Black Muslims, Christians and animists are being massacred. 

 

The death toll so far in Sudan is 2'000.000 by some estimates, mainly as a result of famine induced by the war. Humanitarian organisations estimate that four

million Sudanese have been displaced internally or have been forced to leave the country. 

 

Many of the one million civilians affected by the conflict remain beyond the reach of relief workers due to continuing violence. 

 

No one condemns the Sudanese genocide in Malaysia, as it is politically incorrect. Why? Because 'Blood For Oil' Petronas Carigali, the Malaysian national oil company, is

one of the block oil and gas concessions holders in Sudan along with China, Canada, Qatar, Sweden and Austria. 

 

Petronas Carigali Overseas Sudan Berhad, a wholly-owned subsidiary of Petronas Nasional Berhad, the national petroleum corporation of Malaysia, owns a

30 percent share of the Block 5A concession, and a 41 percent share of the Block 5B concession, for which it is co-lead partner. 

 

AND GUESS WHAT ?

 

This is in southern Sudan where those atrocities are taking place. I believe that we Malaysians shouldn't think about shouting 'No Blood For Oil' in front of the US embassy here, as the Americans would snickering about our self-inflicted hypocrisy. They might not want to laugh too loudly as it would be deemed impolite, and that might entail our foreign minister issuing a protest note.

 

In Darfur, the residents are mainly Muslim, it has been reported. The attackers are Arabs, who are also Muslim. So it appears that the hatred of the Arab attackers against the black victims is based essentially on racism.

 

And it appears that the Sudanese government is supporting the Arab attackers, or at least not doing anything to stop it. Sudan also uses rape as a weapon of war.

 

Amnesty International detailed hundreds of cases of sexual assault on girls as young as eight. Arab gunmen from the Janjaweed militia are blamed for the attacks, involving raids on villages and mass abductions of women and girls as sex slaves. 

 

THERE'S WORSE

 

'While African women in Darfur were being raped by the Janjaweed militiamen, Arab women stood nearby and sang for joy, according to an Amnesty International report

published yesterday. The songs of the Hakama, or the 'Janjaweed women' as the refugees call them, encouraged the atrocities committed by the militiamen. The women singers stirred up racial hatred against black civilians during attacks on villages in Darfur and celebrated the humiliation of their enemies, the human rights group said.'

 

No one talks about this in Malaysia - slavery and quasi-slavery practices around the world. Yet what makes slavery unique in Sudan is that there has been a revival of the practice in the mid-1980s. 

 

The institution was virtually extinct in the 1970s and slave raids were unknown, except in a few remote places. The revival began in 1983, when then president Ja'far Numayri placed himself as the vanguard of the Islamic revolution in Africa. 

 

In the process, Numayri abolished the autonomy of southern Sudan ending over 10 years of peace in the country and imposing a policy of radical Islamisation and Arabisation. These policies generated small-scale armed resistance among southern Sudanese, including black Africans, Christians and other groups who adhered to their traditional religious beliefs. 

 

The government in Khartoum then began to use slave raids and slavery as an instrument of counter-insurgency to break down resistance against its policies. The Numayri government began arming Arab militiamen - known as Janjaweed - and sent them

southwards, and allowed them to keep whatever booty they could seize, including women and children as slaves. 

 

Arab raiders even today burn the villages they overpower and usually shoot the men. Forming old-fashioned slave caravans, the remaining women and children are tied to a long rope and dragged by horses. Those unable to keep up are beaten, often to death, while crying children or babies are thrown into the bush to die. 

 

The casualties of war and atrocities in the Middle East are minuscule compared to what the Islamic government of Sudan is perpetrating. Libya, 'this paragon of human rights" is the chair on the UN human rights body. It makes one laugh, when 57 Muslim

countries join and support one another without condemning this evil infamy taking place in Sudan. 

 

How on earth was Libya made chair of the UN human rights commission? It is no surprise when the Russian, Chinese, Indian and Malaysian votes were determined by their substantial investments in Sudanese oil. 

 

It appears that the UN does not much care about human life, unless it involves some money making. When will the UN come clean? The ghastly carnage in Sudan goes

on and there is no one to speak out for them.

 

Eric Mudasi

MALAYSIA KINI

http://www.malaysiakini.com/letters/28755

 

 

 

3. ASIA

 

- WEST PAPUA

An Excerpt From "Down to Earth" No. 60, February 2004

 

The Tangguh gas project: what hope for human rights protection in a worsening political climate?

 

With the political context worsening and militarisation in West Papua increasing, BP's commitments to human rights and its 'community-based security policy'- look more and more flimsy.

 

In 2003, West Papua continued to suffer the impacts of Indonesian military repression. The resumption of all-out war in Aceh and the threat of follow-up action in West Papua, confirmed the re-emergence of the military (TNI) as a dominant force in national politics and its practice of silencing pro-independence voices by force. During the year there was mounting concern over the build-up of TNI-backed militias in West Papua, the sustained targeting of human rights defenders and brutal military "sweepings" in highland villages.

 

The TNI is widely believed to be actively fomenting violence in West Papua and perpetuating the bloodshed in Aceh in order to maintain and increase their control over security policy in Jakarta. Violent incidents, blamed on 'separatists' who threaten the republic's 'territorial integrity' are instigated in order to lead Indonesian public opinion towards the need for a strong political role for the military as a bulwark against national disintegration. Attempts to 'break up' Indonesia are being blamed on outsiders: in January this year army chief of staff Gen. Ryamizard Ryacudu warned that Indonesia may lose Papua and Aceh due to a foreign conspiracy, and that 'separatism' could claim the lives of up to 30 million people.

 

Since the decision to give up the military's direct involvement in national, provincial and district parliaments - after the April 2004 parliamentary elections - the motivation to use conflicts in Aceh and West Papua as leverage has become stronger. They can act in these territories with near impunity. Although seven Kopassus officers received light prison sentences for killing pro-independence PDP leader Theys Eluay in 2001, many other crimes have not even been investigated. In January 2004 the national human rights commission, Komnas HAM said that it would be taking up just two of seven major human rights incidents proposed for investigation in West Papua.

 

A second, strong motivation for the TNI to maintain its heavy presence, is access to Papua's rich natural resources and opportunities to reap financial rewards from logging, mining, fisheries and protection businesses (see <http://dte.gn.apc.org/57Frp.htm>DTE 57 for more on this).

 

Not surprisingly, the militarisation of West Papua has continued, with troop numbers increasing to around ten thousand in 2003, up from an estimated 4,350 troops in 2002(2). Police numbers are also going up - early in 2004 it was announced that an extra 3,000 police would be sent to West Papua to safeguard the April elections. NGOs fear a harder line approach from the police too, now that Col.Timbul Silaen has been appointed police chief for Papua. Silaen was in charge of police operations in East Timor during the run-up to the August 1999 referendum, when military-backed pro-integration militias were permitted to terrorise the population. He has been indicted on crimes against humanity charges by East Timor's Serious Crimes Unit.

 

An increase of 2,000 troops announced in August 2003 was in response to protests against the splitting of West Papua into 3 provinces, specifically against the creation of 'Central Irian Jaya' which was declared in Timika on August 23rd 2003. During clashes between supporters of the new province and opponents, five people were killed and at least 50 were injured. As a result, Jakarta postponed the decision, but did not cancel it. The 3-way split into West, Central and East Irian Jaya is a long term project of the military designed to undermine the pro-independence movement and offers the potential for yet more militarisation. This policy, which the security forces have promoted since the 1980s and which President Habibie sought to revive in 1999, contradicts the softer approach to dealing with pro-independence Papuans represented by Special Autonomy measures. These were supposed to be introduced from January 2002, but have not materialised, due to obstruction from Jakarta.

 

Despite some concern expressed by foreign governments, Indonesia's brutal treatment of Papuans who wish to exercise their long-denied right to self-determination, has not changed one bit. The British government, like most other foreign governments which backed special autonomy as the only solution in Aceh and West Papua, has failed to express any public disappointment about Indonesia's failure to implement it. Instead it has focused on its own overriding foreign policy objective: trade and investment. Ignoring warnings from NGOs, Britain approved a massive increase in the sale of arms to Indonesia - from GBP 2 million in 2000 to GBP 41 million in 2002. In West Papua, the British government is supporting BP's investment to the hilt: Ambassador Richard Gozney attended a meeting to discuss the company's security policy. As outlined by TIAP (see box), the British aid agency, DfID, is involved with BP and other donors in joint projects in the Bird's Head region of West Papua aimed at long term sustainable growth and local government capacity-building in the region - all of which support a stable investment environment for Tangguh.

 

While British companies benefit from this kind of trade and investment, Papuans continue to suffer from more militarisation, military operations, the environmental impacts of rampant resource exploitation and the health effects which go along with these, such as AIDS, which has become a very serious problem in the territory.

 

Against this background, the exploitation of West Papua's natural resources has continued apace. The US/UK owned Freeport mine in the central mountains was removing rock-bearing ore at a rate of over 200,000 tonnes per day - until the October pit collapse in which six mineworkers were killed slowed production levels temporarily (see <http://dte.gn.apc.org/59Rio.htm>DTE 59). A further landslip - with no casualties - was reported in December.

 

The plunder of the forests is also continuing as more logging companies move eastward from the logged out forests of Kalimantan, Sumatra and Sulawesi. The Indonesian NGO Forest Watch Indonesia reckons that about 60,000 cubic meters of timber was smuggled out of Papua during August/September alone and that another 600,000 cubic meters were traded illegally over the previous year. According to FWI, foreign mafias have entered the country via cooperatives supported by Indonesian officials.

 

How does the Tangguh project fit in to this deteriorating political, human rights and environmental context?

 

Second TIAP visit

The second annual visit of the four-member Tangguh Independent Advisory Panel took place June 13-21 2003. The team is led by US Senator George Mitchell, and has three other members: Rev. Herman Saud from West Papua, Sabam Siagan, a former Indonesian Ambassador and Lord Hannay, a crossbench peer from Britain. TIAP has the task of investigating and reporting on the non-commercial aspects of Tangguh.

 

The independence of TIAP is questionable, since it was set up and is funded by BP and its visits are facilitated by the company. Also, Sabam Siagan sat on the board of the mining company Kaltim Prima Coal, the giant coal mining venture co-owned by BP and Rio Tinto which is currently being sold to Indonesian interests. DTE has raised this apparent conflict of interests with TIAP, but has yet to receive a response.

 

While the overall conclusion of the team is that, in general, Papuans have a positive attitude towards the project, their report raises some important questions about the project's shortcomings and potential negative impacts.

 

The full TIAP report and BP's response to it initially posted on BP's website, had been removed at the time this newsletter was printed. The first TIAP report and BP's response remain on the site <http://www.bp.com/>www.bp.com/ For an analysis of this, see <http://dte.gn.apc.org/57tng.htm>DTE 57

 

Prior informed consent

One fundamental problem with Tangguh is its failure to secure the free, prior, informed consent of local communities whose lands, resources and livelihoods are affected by the project. This is common to all major resource extraction projects in Indonesia, because of Indonesia's systematic denial of indigenous peoples' land and resource rights. The result is that the potential for resentment against the development and for resulting conflict is far higher than if informed consent of local people had been secured in advance.

 

According to John Rumbiak of the Papuan human rights group ELSHAM, the denial of prior informed consent is one of the reasons behind what he calls the "dynamics of destruction and violence" in West Papua. To put an end to this, he says, the international community - particularly international investors -

 

"must, first and foremost, recognise indigenous communities' basic rights to chart their own development paths, to manage their own resources, to pursue their traditional livelihoods and cultures, and to say NO to multinational operations on their lands. The failure to respect communities' basic right to "just say no" exists at the heart of the nexus of human rights violations, environmental degradation and conflict."

(John Rumbiak, ELSHAM, Speech to Columbia University's Center for the Study of Human Rights, 2003).

 

 

4.         OUT OF THE TROPICS

 

 

HUMAN RIGHTS

Not in Their Backyard

 

Legal experts and activists weigh impact of Supreme Court decision to uphold the Alien Tort Claims Act, commonly used by human rights groups to try cases against U.S. corporations on American soil. 

by Jacqueline Koch, Special to CorpWatch

Though he may never set foot in America, an Iraqi man simply identified as "Plaintiff Ahmed" wants to have his day in a US court. 

On June 9, the former detainee at the Abu Ghraib prison embarked on a class-action lawsuit filed by the Center for Constitutional Rights (CCR) against the American military contractors San Diego-based Titan Corporation and Arlington, Virginia-based CACI International. While in U.S. custody, plaintiff Ahmed claims he was starved, kicked, beaten with a gun, menaced by guard dogs, and forced to watch his father tortured in a similar fashion until the elder man ultimately succumbed to his injuries and died. The prison abuse case comes at a critical juncture, for the Supreme Court has just reviewed the Alien Tort Claims Act (ATCA) and upheld the right for foreign citizens like Ahmed to sue in U.S. courts. 

The June 29 Supreme Court decision in Sosa v. Alvarez-Machain upheld ATCA as a key judicial tool for prosecuting human rights abuses occurring abroad. However, the ruling generated a curious reaction among those following the case closely. Both human rights groups and corporate lobbying organizations-unquestionably on opposite sides of the fence-applauded the decision. 

The International Labor Rights Fund (ILRF), a worker advocacy group based in D.C., declared the court's decision a triumph for human rights. "The ruling clarifies, once and for all, ATCA does allow victims of human rights violations to sue," says Executive Director Terry Collingsworth. The ILRF is currently involved in seven ATCA-related suits, pending against corporations including ExxonMobil, Unocal, Coca-Cola, and Fresh DelMonte Produce Inc. 

However the National Foreign Trade Council, which has historically lobbied against ATCA, also welcomed the decision. The NFTC cites the ruling as a positive first step, despite a few reservations. "I think that we would prefer they shut the door on these cases," says NFTC President William Reinsch. "While the ruling tells the lower courts they have gone too far, they are inviting them to try again." Reinsch concludes on an optimistic note, "Our judgment is that [the ruling] would wipe out most of the pending cases." 

With opposing camps both declaring victory, legal scholars and lawyers have different opinions about the implications of the ATCA verdict. 

According to Harold Hongju Koh, dean of the Yale Law School, the burden will rest with the judges in the lower courts. "In the wake of Alvarez they are going to have to sort out what are the actionable claims," Koh explains. He adds that corporations have been overly fearful of ATCA and the Supreme Court's reaffirmation of the law. "If they are not committing gross violations of human rights, there should be nothing to worry about," Koh concludes. ATCA, originally penned in 1789, emerged from obscurity in the 1980s and became a vital asset for prosecuting human rights abuses carried out abroad. 

ATCA has enabled victims to sue their torturers and suits against murderous leaders such as Radovan Karadzic of the Bosnian-Serb Republic and former Philippines dictator Ferdinand Marcos. Legal experts note that though the plaintiffs may attain otherwise elusive justice, they rarely see any monetary compensation. 

Today, however, the law is more commonly invoked in cases charging transnational corporations of complicity in human rights abuses in their overseas operations. This development sent a chill through the business community and in response, corporate lobbying groups launched an aggressive campaign to have ATCA repealed. 

According to Rick Herz, an attorney with the human rights and environmental defense organization EarthRights International, a the campaign against ATCA heated up in 2002, prompted by the Ninth Circuit Court's precedent-setting decision against Unocal. The Unocal suit, originally filed in 1996 by CCR, accused the energy giant of conspiring with the military and forcing villagers to work as slave labor on its pipeline project in Myanmar, formerly Burma. The court ruled that Unocal could be held liable for aiding and abetting the Burmese military for human rights violations. 

With little success in Congress, powerful lobbying organizations such as the National Foreign Trade Council and the International Chamber of Commerce regrouped and went to the Bush Administration pressing for intervention-and succeeded. Administration officials had already taken steps to thwart a case against ExxonMobil in Indonesia (see sidebar). 

In November 2001, the State Department's legal adviser, William H. Taft IV, intervened on behalf of Rio Tinto, a British mining firm facing a class-action lawsuit involving charges of human rights and environmental abuses. While Taft didn't dispute the accusations about Rio Tinto's copper mine in Papua New Guinea, he did urge that the case be dismissed on "foreign policy" grounds. By May 2003, Attorney General John Ashcroft weighed in as well, urging the dismissal of all cases based on ATCA. 

Developments such as this indicate that the strength of ATCA may be decided outside of the courts, which could explain why corporate lobbying organizations are not as concerned about the Supreme Court's decision to uphold the act. 

For his part, Collingsworth denounces Taft and Ashcroft's intervention as a violation of the separations of powers doctrine. "The Bush Administration is behaving as if it has a veto power over the judiciary and it doesn't," he says. 

Meddling in the courts was an unmistakable sign to Herz. "It was pretty clear [the Administration] was looking for the Supreme Court to take it up," he explains. Although an unlikely candidate, Sosa v. Alvarez-Machain was to be the corporate battleground to defeat ATCA. 

The Supreme Court case involved a former Mexican police officer, Jose Francisco Sosa, who, on behalf of the U.S. Drug Enforcement Agency, kidnapped a Mexican citizen, Dr. Humberto Alvarez-Machain, to stand trial in California for the murder of a DEA agent. Alvarez-Machain was acquitted, then sued Sosa on the basis that a cross-border kidnapping violated international law. When the California court decided in favor of Alvarez-Machain, Sosa appealed, and his case, along with the future of ATCA, was pushed to the Supreme Court. 

While business interests were not directly involved in that case, the list of companies represented in the amicus briefs filed in the Sosa case reads like a "Who's Who" of top multinationals: Coca-Cola, ExxonMobil, Unocal, Nike, Chevron, and many more. Corporate arguments emphasized the "unfair disadvantage" the law presents to foreign investment opportunities abroad and claimed that such litigation is used to embarrass foreign governments. 

Looking to the future of pending ATCA-based cases, Yale's Koh says, "I think the real test is the Unocal case and how that will be resolved." 

As for the Iraqi prison abuse case, CCR charges military contractors with violating the Geneva Convention and the Racketeer Influenced and Corrupt Organizations Act, among others in addition to ATCA . In that case, Koh says, "the challenge is to establish the link between the private action and the official authority."

http://www.corpwatch.org

14 de julio 2004

 

II.        OIL IN THE TROPICS

 

2.1. LATIN AMERICA

 

-          BRASIL: THE OIL IS THERE`S

 

Lula discreetly recently announced the sixth rounds of licitation of Brazilian oil areas, anticipated for the 15 of August.  In the first five rounds, carried out during the presidency of Fernando Henriqu Cardoso, foreign companies dramatically reduced prices to that of a symbolic gesture for area discovered by Petrobras, automatically gaining rights over exporting all the oil extracted from them.

 

In 1997, the Works Party (PT), who was in opposition voted against the law that allowed this, and in doing so, used strong language against the then current government.  In 2004, the PT in power it is preparing itself to host a mega auction of the areas where Petrobras has already discovered, 6,6 thousand million barrels of excellent quality crude oil, which corresponds to 50% of the national proven reserves.

 

WHAT SORT OF DESCRIPTION DOES A GOVERNMENT THAT ACTS IN THIS WAY DESERVE?

 

 

No legitimate motive exists for this indignant change of position.  On the contrary, the evolution of the oil sector in Brazil and in the world, points towards a need to strengthen Petrobras and to act with caution.  The arguments used by Fernando Enrique to open up the sector to foreign capital are shown to be false:  instead of looking for new reserves, private companies enter only areas where Petrobras has already carried out successful prospection, an expensive and risky activity.

 

They buy the winning lottery tickets.  It is what is being repeated now with the auctioning of the so called "blue blocks", of great potential.  Since we are at the doors of self sufficiency in the production of Brazilian oil - a historic victory for Brazil-, the areas that the Lula government wants to hand over to multinationals will only be able to enter into operation for exportation.  At least three reasons exist to make this a disastrous decision.

 

 

Brazilian geology is disfavorable for the discovery of oil, so that we should not expect new large findings to occur.  Our proven and probable reserves, of 16 thousand million barrels could guarantee an autonomous future for approximately 18 years which would be dramatically reduced by current policy.  Thanks to the effort and the competence of previous generations, Brazil will become self sufficient by 2006, but policies implemented by Fernando Enrique and confirmed by Lula will take us back to a position of importers of oil in less than a decade.

 

This occurs at a time in which two processes are occurring in the world to precisely take the opposition direction.  On the one hand, the incredible increase of China and India, strongly dependent on imports, has increased world demands and pressurized an increase in the cost of oil.  In the next decade, China will have doubled its consumption and needs to obtain from abroad more than 80% of all its oil requirements.  The dependency on foreign supply is already in the order of 50% for the United States, 60% for Europe and 100% for Japan, which allows the to foresee potential conflicts.

 

On the other hand, it is now known that world reserve were grossly overestimated.  In all of the cases they are being reviewed at lower estimates.  During the recent epidemic of accounting frauds, the most respectable of the multinationals of this sector presented false figures to increase the value of its shares.  Shell`s reserves were inflated by 24%, El Pasos`s by 33%, Enron`s by 30%.  Various countries did the same, including large producers such as United Arabic Emirates, Saudi Arabia and Mexico.  They announced that they possessed between 20 and 40% larger reserves than was true, since the production quotes defined by the Organisation of Petrol Exporting Countries (OPEC), are proportional to the declared reserves.

 

THERE IS A LOT LESS OIL AVAILABLE THAN WAS THOUGHT

 

Since the increase in consumption and the discovery of frauds, the world market has submerged into uncertainty.  In less than one year, the price of oil has gone from 28 dollars to more than 40 dollars a barrel and shows no signs of lowering.

 

Unsuspected actors announce new shocks.  The ambassador Rubens Recupero wrote:  "The tendency of a sensitive and continuous increase in the price of oil is structural and not due to market manipulations.  The difficulty in prices (.) could come in five years, with an increase of more than 50 dollars the barrel".

 

The economist Paul Krugman follows the same line of thought:  "The oil market is stretched to breaking point (.)  The last time prices reached current levels, just before the Gulf war (1991), there was excess world capacity, therefore there was the capacity to face serious offer disruptions, in the eventual case that they occurred.  Now, this is not the case (.) The new findings have been rarer (.) oil prices are high and could continue to increase".  

 

 

It is expected that by 2010 we will witness the peak of world production and we will begin to see a decrease in the offer.  Some of those that are most scared are already talking of oil at 100 dollars a barrel towards the end of the next decade.  The figure is speculative but the tendency is real.

 

Within this context - with a stressed market, increased prices, conflicts in sight and the birth of an announced shock- Lula`s government decides to remove Petrobras`s control and hand over 6,6 thousand million barrels of proven Brazilian oil reserves to multinational companies (I repeat half of the proven Brazilian reserves).  These companies will have an export feast for several years.  In exchange they will give us some credits which the minister Palocci will pass onto our creditors the international banks.  According to the minister, suspending the licitation, would "send negative signs to the markets".

 

WHAT SORT OF DESCRIPTION DOES A GOVERNMENT THAT ACTS LIKE THIS DESERVE?

 

Oil as is known, is a non renewable resource, without which the current technological bases that exists, no economy could function.  A country lacking in this resource such as Brazil and that will at some moment need to rediscover the path to development must manage its own reserves very carefully, centering them into a strategic long term plan.  Acknowledging this does not require a sophisticated ideology or formula, decency is all that is needed.

 

Reversing the theme of the popular campaign that lead to the creation of Petrobras, Lula´s government decreed that the oil is theirs.  I do not have the words to describe a government that acts like this. 

 

 

César Benjamín

ALAI-AMLATINA

alainet.org/

Junio 2004

 

 

- MAURITANIA: Human rights fears as oil companies compete for stake

 

By Uchenna Izundu in London

Published: September 7 2004 03:00 | Last updated: September 7 2004 03:00

 

Some of the world's biggest independent oil companies have set their sights on Mauritania. BG, the UK's third-largest energy company, Premier Oil, the UK independent, and Australian independent heavyweights Woodside Petroleum, Hardman Resources and ROC Oil see the small west African country as a new frontier in a world where finding oil is becoming increasingly difficult.

 

With oil prices hitting more than $40 per barrel, a lack of spare capacity in the world and huge demand from the US and China, the incentive to find new oil has never been greater. In the current climate, even a relatively small player such as Mauritania becomes important in helping oil companies reach their goal of replacing used reserves, while cooling oil prices.

But just as in Nigeria, Angola and Equatorial Guinea, Africa's other oil-rich nations, Mauritania is not an easy place to do business. Human rights activists worry that the country's precious resource could turn out to be as much of a mixed blessing as it has proven in other developing countries.

Until recently, interest in Mauritania, both political and commercial, had dried up because of the country's support for Iraq's 1991 invasion of Kuwait, its border disputes with Senegal and civil unrest in its oil industry. At the beginning of August, the country arrested a group of soldiers it accused of trying to depose President Maaouya Sid'Ahmed Ould Taya, a French-trained army colonel who has been in power for two decades.

None of this has diminished the excitement that oil and gas finds in Mauritania have generated. Analysts at Deutsche Bank caution that "given the range of opportunities and potential for drilling to continue well into 2005, we believe that early success could have a disproportionately positive impact on the companies' share prices".

Hardman Resources this year proved that money could be made in Mauritania. In February the company sold part of its interests to BG for $132m (?109m, £74m), just two months after paying $33m for it.

Ted Ellyard, managing director of Hardman Resources, says that since making its acquisition in 2003, its acreage has grown in value due to significant oil finds. "We had very strong interest from a number of companies in different countries, including Japan and Europe," he says. "BG came in with the best price and there are tangible oil and gas reserves. There is probably a lot more value there than what BG paid."

Mauritania also has reserves of natural gas - preliminary estimates indicate the country has 1,000bn to 3,000bn cubic feet in recoverable gas reserves, the equivalent of Australia's annual gas production. Those reserves would be enough to develop a liquefied natural gas project to supply the US and Europe.

However, some analysts feel competition from Libya, Angola, Nigeria and Egypt would make it more likely that the focus would be on oil rather than gas unless more substantial gas reserves were found.

But Mr Ellyard points out that Mauritania has at least one important advantage over its competition in the gas business. "The competitive advantage would be with gas because it has a shorter transport route than Nigeria and it could supply North American markets," he says.

But despite - or perhaps because of - its oil and gas, the future for Mauritanians is anything but clear. For a heavily indebted country whose per capita annual income is only $441, oil could be a substantial windfall. This is expected to increase its GDP by more than 14 per cent and generate $40m for a country that collects $10m in aid.

"Most Mauritanians in the street are convinced that oil will not make them rich but will force the country to modernize itself by upgrading infrastructure, develop new routes and supply water and electricity to the population," says Driss Amal, senior commercial officer of the British Consulate in Morocco. "They also hope oil revenues will bring changes to the country's banking system."

Arvind Ganesan, director of Human Rights Watch in the US, warns that oil revenue could be used to entrench and enrich the country's government at the expense of the population and efforts to democratize.

"In that respect, it would resemble the problems that occur in countries like Angola or Equatorial Guinea," he says. "Since holding political power also means controlling the wealth of the country, it could be a major obstacle to transparency, accountability, and respect for human rights."

 

-INDONESIA: THE DANGEROUS WASTE OF PERTAMINA IN BALONGAN

 

The state oil company PT Pertamina is facing serious problems due to how it is managing its dangerous waste, produced from its refinery in Balongan.

 

The manager of the Balongan refinery Balongan Edi Setianto said that he has been forced to cancel the contract with the company that processed the waste, PT Persada Pemusnah Limbah Industry (PPLI) in 1998, due to corruption and nepotism in the company who's property was in the hands of the ex dictator Suharto.

 

Since then, nearly 16.000 tones of dangerous material have not been able to be treated.  This problem has become a serious headache for Pertamina since the PPLI Company was the only one with the capability of dealing with such large volumes of waste in the country.

 

The Balongan plant produced around 4.000 tones of waste in its catalytic cracking residual and as sediments and residues of the processing of the refining of crude oil.

 

The fishermen and seafood cultivators of Indramayu, in West Java, where the refinery is situated, have continually complained due to the dumping of toxic waste, since it damages the environment.

 

On the 26th of April, hundreds of shrimp cultivators surrounded the refinery and demanded that Pertamina carry out a treatment of its waste, since it is contaminating more than 10.000 hectares of shrimp pools.  Pertamina on its part has insisted that the waste has been stored in a safe place, far from the shrimp cultivation pools.

 

According to the company funcionarios, the waste has been kept within the plant in a storage area, in a hole surrounded by sand bags and these have been offered to cement producers for construction.

 

 

Nota de Fitri Wulandari

The Jakarta Post (Mayo del 2004)

Indramayu - West Java

 

 

 

-MALAYSIA - THAILAND: ASKED BARCLAYS BANK TO REMOVE ITS BACKING TO THE CONTROVERSIAL BINATIONAL GASPIPELINE PROJECT

 

Barclay's capital, from the United Kingdom and from another 15 financial agencies provides the funds for construction for the controversial Malaysian-Thailand Gaspipeline (TMGP) and for the Gas Separation Plant to be constructed in the subdristict of Chana in the province of Songkhla. 

In an open letter direct to the president of Barclays in Thailand, the local communities of the province of Songkhla, asked for the immediate cancellation to the backing of the project that has gained notoriety at an international level due to environment abuses and violation of human rights.

 

The Trans Thai-Malaysian company (TTM), proponent of the project TMGP, and that includes the Oil Authorities of Thailand (PTT), plans to receive a loan of 500 million USD from this financer to continue this project.

 

Since the signing of the project in 1999, the project has received strong opposition from local fishing, agricultural, academic and independent organizations, as well as the Thailand Senate that emitted a resolution last year asking the government to immediately review the project.

 

Due to the continual opposition to the Project, Zurriada Tohlee, local resident asked "If Barclays decides to lend the Money for the Project, will they also assume the responsibilities of the impacts the Project will cause to the local communities?"

 

The project has been characterized for its permanent use of violence.  For example during the last year, the construction used more than 500 police to look after the site where the separation plant is situated.  Given the intensity of local opposition to the project, it is expected that the project will make use of force via thousands of armed men to ensure the security of the project.

 

The most controversial moment was during December of 2002, when the government used hundred of armed men to break a peaceful assembly that was opposed to the project and that meet in the district of Hat Yai, in the province of Songkhla.  The National Human Rights Commission that carried out the report of these events, said that the Government actions violated the constitution by using force to disperse a peaceful assembly.

 

Sulaimaan Madyusoh from the Aliance against the Thailand-Malaysian gaspipeline claimed "The project arose from a dictatorial decision and if it continues it will destroy cultures and natural ecosystems that are the bases of subsistence for thousands of local communities". 

 

The Project has also suffered wide spread corruption and numerous irregularities such as the pressure exercised so that a deficient Environmental Impact Study be approved.  Also the consultation and public audience processes have been a farce of the national laws on access to information and public participation. 

 

For example, one of the public audiences was suspended half way through and another was ended with a hand raised vote, whilst outside the site local communities were demanding entrance.

 

Recently the operators' illegitimacy occupied community lands in the area known as Wakaf that does not only provide economic benefits to the communities, but is also of great religious and cultural value for the Islamic religion.  The communities saw this as a violation not only of the countries laws but also a violation to the right to practice Islam.

 

The disregard for Thailand`s Constitutional laws as well as the lack of respect for sacred and cultural inheritance sites should be of principal importance to Barclays Bank, who is also signatory to the Ecuador principals.  These principal have been designated as an ethical standard for the financing of projects for banks that should be voluntarily adopted and implemented and applied to the monitoring of the financing whose capital is equal to or more than 50 million.  These principals have been adopted so that the projects can be executed in a socially responsible manner and with appropriate environmental practices.

 

Supawan Chanasongkram, member of the locally based organization Songkhla, south of Thailand, where the Project is situated said the following: "we have warned Barclays Bank that its involvement in the financing of this Project is equivalent to financing the destruction of cultures, the bases of survival and the ecosystems of the local communities".  If Barclays decides to continue with its plans and provide money to the project, it implies that the Bank accepts the human rights violations that are involved in the project.  We ask the Bank to do as other financing agencies do, and act with responsibility and reject the project".

 

For more information please contact:

 

Small Fishing Community Integrated Development Project of Songkla

e-mail: gazzung at yahoo.com

ó Alternative Energy Project for Sustainability 

e-mail: aeps at ksc.th.com 

 

-CHINA: PROTEST AGAINST THE JAPANESE EXPLORATION OF THE EAST SEA

 

Japan started its exploration work at the bottom of the disputed waters between China and Japan, in the East China Sea, east of the denominated "mid line", zone unilaterally proposed by the nipon government according to Chinese sources.

 

In the face of this the Chinese government presented a formal note of protest to Japan over the exploration of natural resources in this zone.  Wang Yi, viceminister of international relations in China, called upon Japans ambassador in China, Koreshige Anami, and handed him the communication.

 

The viceminister declared that the East China Sea has not yet been determined and maintains in controversy.  China has never recognized and it is unlikely to recognize and accept the so called "mid line" proposed unilaterally by Japan, said Wang.  In this way, he indicated that his government will not tolerate Japans actions which he classified as dangerous and provocative.

 

The vice titular reiterated that the limitation of the East China Sea can only be resolved through negotiations, and asked Japan to act within its international laws and immediately stop the action, that they say attempts against the interests and sovereignty of the country.

 

 

 

            

ECUADOR

 

 

III VOICES OF RESISTANCE

 

ECUADOR

 

 

This is the declaration subscribed by the organizations that meet on the 29 and 30th of July 2004 in Campo Alegre, Pastaza to form an Aliance in defense of the Rights in the Amazon region.

 

 

CAMPO ALEGRE DECLARATION 

 

In the community of Campo Alegre on the 29th of July 2004, the following organizations CONFENIAE, Interfederal Shuar-Achuar committee, FINAE, FIPSE, FICHS, ONSHIPAE, OPIP, Sarayacu Tayjasaruta, San Jacinto Community, Front for the defense of the Amazon, Assembly of those affected by Texaco, Municipality of Arajuno, President of the Indigenous Nationalities Parliament and allied organizations, below sign for the decision to, articulate their efforts to consolidate a strategic alliance at a regional Amazonian level, between organizations of indigenous nationalities and allied social organizations, to face national government policies which are, antidemocratic, aim to divide indigenous and popular organizations and that violates indigenous institutionalism, therefore resolve to:

 

1) Demand and watch over the carrying out of our collective and individual rights guaranteed by the Constitution and the 169 IWO Agreement and other international instruments.

 

2)  Consolidate the Amazonian indigenous territories, strengthening the exercising of self governance.

 

3)  Promote and create our own judicial regulations, according to the vision of our nationalities that allows for self governance and the development of autonomy within our territories.

 

4)  Harmonize the processes for defending our indigenous and environment rights that sustain indigenous, social, peasant and mix race organizations and our allies in the Amazon region.

 

5)  Demand that the initiative of the sectional governments respect the strategic policies of social and indigenous organizations via a real and transparent communication system.

 

6)  The alliance will not allow the expansion of oil activities in the Amazonian central and southern territories or the militarization of indigenous territories to allow the entry of transnational companies, for which we will make use of all national and international legal systems as well as social mobilization.

 

 

7)  This alliance demands the reparation, restoration, compensation and indemnification of the damages caused in the 30 years of oil activity in the north of the Amazon region and backs the fight in defense of their rights that the affected communities and organizations are promoting.

 

8)  This Alliance arises from the recognition of our right and solidarity in our struggle for our reivindivicacion at a community, regional and national level.

 

 

CONFENIAE

Comité Interfederacional Shuar-Achuar

FINAE

FIPSE

FICSH

ONSHIPAE

OPIP

Sarayacu Tayjasaruta

Comunidad San Jacinto

Frente de Defensa de la Amazonía

Asamblea de Afectados por Texaco

Municipio de Arajuno

Presidente del Parlamento de las Nacionalidades Indígenas

 

 

IV.       SUMMARY

 

COLOMBIA:  PUBLISHED REPORT ON THE HUMAN RIGHTS VIOLATIONS BY OIL COMPANIES

 

Amnesty International published a critical report on the human rights situation in Colombia titled "A war laboratory: repression and violence in Arauca" in which it accuses the Colombian government of having converted the Department of Arauca into a laboratory to test its new security policies that have increased the violations on human rights and the impunity of the United States and oil companies that operate in this region, including REPSOL YPF.  The Spanish oil company is a minor partner with the North American company Occidental Petroleum that acts according to a contract of "association" with the Colombian Ecopetrol.  The state company owns 50% of the Caño Limon Oil Pipeline.  The other 50% is in the ownership of Occidental Petroleum and Repsol YPF.  Amnesty International has indications that Repsol YPF contributes to the violation of human rights by financing members of the army and paramilitary to protect the pipeline and oil beds of Caño Limon from guerilla attacks, according to its Spanish director Esteban Beltran.

 

"Colombia. A War Laboratory: Repression and violence in Arauca" can be down loaded from Amnesty International web page:

 

 

 

web.amnesty.org/library/index/ESLAMR230042004

 

 

V. POEM

 

QUE VERDES FUERON MIS CAMPOS

 

Sabías que me arrancaron mi tierra

                        Mi aire, mi agua

 

Sabías que me mutilaron, me hicieron

                        Un ser extraño en mi tierra

 

No soy país, no soy nación

 

Desgarraron mi tierra, la profanan,

Lo que fue culto, ofrenda al sol, a la luna

Ahora es idolatría, soberbia, culto

                                               A la riqueza

 

A mi tierra le niegan las ansias, las esperanzas,

                                   De volver a empezar

 

Sabía que acortaron el horizonte de mi mirada,

            Ahora ya no se pierde en el infinito

 

Ahora tropieza con el desorden, mi aire,

Mi agua, mi paisaje, ya no me sabe igual.

 

Mi agua me refleja un rostro turbio como

                                                                       Ella.

 

¿Vendieron con mi tierra mi identidad?

 

Acaso la esencia de mi espíritu necesita evolución

Acaso necesita adaptarse.

 

Me siento como el río que lo obligan

                                   A salir de su cause

 

Que deja y abandona tierras sedientas.

 

El agua profanada ya no me moja,

                                   Ni calma mi sed.

 

El aire profanado siento que ya no me silva al oído.

 

La tierra profanada rechazará toda ofrenda

                                               Todo culto.

 

Dicen que Dios creó al mundo,

Lo que si se es que la Tierra,

                        Abriga al Hombre.

 

Por Tambogrande, por las Bambas, por el Cerro Quilish, 

por los depósitos de Plomo del Callao que tanto nos envenenan.

 

 

Poeta anónimo

Perú.

 

 


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