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Steven Donziger speaks out himself about being targetted by Chevron

August 17, 2020

Mongabay of 15 August 2020 carries a piece by Steven Donziger himself [about whom i posted recently: https://humanrightsdefenders.blog/2020/08/10/steven-donziger-human-rights-defender-now-victim-of-judicial-harassment/] entitled: Don’t Let Big Oil Open a New Front in Its War on Environmental Defenders. “Chevron clearly wants me confined so I can no longer work on the case or speak publicly about the company’s gross wrongdoing.”
In the Pozo Aguarico region of Ecuador, lawyer Maria Cecilia Herrera shows the oil pollution that remains in the ground 30 years after oil production ceased. Photograph by Enrico Aviles, 2020.

In the Pozo Aguarico region of Ecuador, lawyer Maria Cecilia Herrera shows the oil pollution that remains in the ground 30 years after oil production ceased. Photograph by Enrico Aviles, 2020.

After recalling the work and death of his friend Rosan Steve relates how the culprit, the oil giant Chevron, has been pursuing a scorched-earth campaign to avoid paying for the cleanup or helping any of the victims. In the process, Chevron and its main law firm – Gibson Dunn – has pioneered a new, highly unethical form of lawfare intended to intimidate environmental defenders in all 180 countries where it operates. I should know; I’m the main target of Chevron’s lawfare, which has involved 60 law firms and 2,000 lawyers.

Here’s some of the backstory. Multiple courts have found that from the late 1960s to 1992, Texaco deliberately dumped billions of gallons of cancer-causing oil waste across 1,500 square miles of previously pristine rainforest, poisoning groundwater and rivers residents depended on for drinking, bathing, and fishing. Texaco, which was later acquired by Chevron, told local Indigenous peoples that the toxic waste was actually good for them, saying it would “nourish the brain and retard aging.”

In 1993, a coalition of 30,000 Indigenous peoples and rural communities fought back. The father of one of my Harvard Law School classmates asked me to join the team of Ecuadorian and American lawyers representing them. After hearing from leaders like Rosa and seeing the damage with my own eyes, I was appalled by what Texaco had done to these communities. Unlike BP’s Deepwater Horizon spill in the Gulf of Mexico, this disaster was no accident. It was done by design to externalize production costs onto some of the most vulnerable communities on the planet—the very people whose historical role is to act as the guardians of the forest.

After years of fighting in courts in the U.S., Ecuador, and Canada, the coalition won an unprecedented $9.5B in damages. Several appellate courts and a total of 17 appellate judges affirmed the case unanimously, and Canada’s Supreme Court ruled the Ecuadorians had the right to enforce their judgment. Human-rights champions hailed the victory as the beginning of a new era of environmental accountability.

But then Chevron unveiled another component of its strategy to try to prevent the Indigenous plaintiffs from receiving a cent. The central feature was filing a civil RICO suit in U.S. federal court against me as well as all 47 Ecuadorian community leaders who signed the lawsuit, claiming that the entire case on which I had spent 18 years of my life had been nothing more than a “racketeering” conspiracy designed to “extort” money from the company. Judge Lewis Kaplan denied us a jury, refused to review any of the voluminous scientific proof of Chevron’s pollution, and then ruled in Chevron’s favor. He based his decision almost completely on the testimony of a man who later admitted to lying repeatedly under oath and to receiving huge payments from the company.

I continue to challenge Kaplan’s flawed decision, which has been rejected by multiple appellate courts in Ecuador and Canada. But largely because I would not turn over my computer and cell phone to Chevron (an order that many experts believe to be a violation of attorney-client privilege and one that I have appealed), Kaplan tried to prosecute me criminally for contempt. His charges were rejected by the federal prosecutor. Kaplan then took the extraordinarily rare step of appointing a private law firm, Seward & Kissel, to prosecute and detain me in the name of the government. Seward & Kissel later admitted that Chevron is actually a client of the law firm.

While I await my day in court, I’m now under house arrest. (I believe I’m the only lawyer in U.S. history detained pretrial on a contempt charge.) I’ve been confined to my small apartment for 12 months on a charge that carries a maximum of six months’ imprisonment. This has been incredibly hard on my 14-year old son as well as my clients, who have been denied their lawyer. Chevron clearly wants me confined so I can no longer work on the case or speak publicly about the company’s gross wrongdoing.

One thing that keeps me going is the fact that hundreds of top human-rights lawyers and dozens of Nobel Laureates have sprung to my defense. They see this abuse of power as the latest example of corporations trying to criminalize environmental activism. They know the use of corporate lawfare to target activists has been copied by a mining company in South Africa, a pipeline company in the U.S., and a logging company in Canada.

Two weeks ago, two retired U.S. federal judges provided a big boost. The Hon. Nancy Gertner (Harvard Law School) and the Hon. Mark Bennett (Drake University Law School) criticized their former colleague Kaplan in the news journal Law360 for the way he’s handled this case. I’m grateful for their courage, because it’s extremely rare for federal judges to call out colleagues publicly.

Please vote with your wheels and fill up your tank anywhere but Chevron. And I hope governments around the world will stand up to attempts to criminalize peaceful activism. They can start by refusing to do business with Chevron until the company learns to respect the rule of law and ceases its attacks on human rights defenders. We must not let this targeting of human rights defenders spread as quickly as the toxins that killed Rosa and the men, women, children whose names filled her notebook.

Steven Donziger

Steven Donziger is a human-rights advocate based in New York City. He can be followed on Twitter at @SDonziger. His legal defense fund is at www.donzigerdefense.com and Frente de Defensa de la Amazonía’s web site is makechevroncleanup.com

https://www.commondreams.org/views/2020/08/15/dont-let-big-oil-open-new-front-its-war-environmental-defenders

See also later: https://www.thenation.com/article/activism/a-new-justice-movement-emerges-to-defend-steven-donziger/

Posted in Human Rights Defenders | Leave a Comment »
Tags: Chevron, Common Dreams, environmental defenders, human rights lawyer, judicial harassment, Mongabay, pollution, resource extraction, Steven Donziger, Texaco

Global Witness report 2018 on environmental defenders: bad (but 2017 was worse)

January 9, 2019

This morning I blogged about Front Line Defenders Global Analysis 2018 report which notes a record number of human rights defenders killed in 2018 with the majority being environmental defenders [see: https://humanrightsdefenders.blog/2019/01/09/front-line-defenders-says-record-number-of-activists-killed-in-2018/]. On 24 December 2018 Taran Volckhausen, referring to a preliminary Global Witness report, wrote that – while the numbers were still being finalized – the death toll for this group in 2018 was slightly lower than in 2017 (“For embattled environmental defenders, a reprieve of sorts in 2018”). This is most likely due to definition issues.

Read the rest of this entry »

Posted in human rights, Human Rights Defenders | 4 Comments »
Tags: annual report 2018, Berta Carceres, Brazil, environmental activists, Global Witness, Indigenous rights, Jair Bolsonaro, Mongabay, Muhammad Yusuf, Philippines, Taran Volckhausen, Victoria Tauli-Corpuz

Killings of environmental human rights defenders up again compared to last year!

April 24, 2015

Jeremy Hance – writing in Mongabay on 20 April, under the title “Killings of environmental activists jumped by 20 percent last year“ confirms again the terrible truth that it is in the countryside, away from monitors, and in disputes over land issues that the most gruesome repression takes place and the leader is..Brazil! [for last year’s report see: https://thoolen.wordpress.com/2014/04/16/environment-deadly-for-human-rights-defenders-says-global-witness/]

Soy field in the Brazilian Amazon. Again this year, Brazil has the highest number of murders of environmental and land defenders. Photo by: Rhett A. Butler.
Soy field in the Brazilian Amazon.  Photo by: Rhett A. Butler.

The assassination, murder, and extrajudicial killing of environmental activists rose by 20 percent last year, according to a new grim report by Global Witness. The organization documented 116 killings in 2014 across 17 countries with the highest number in Brazil, which saw 29 environmental and land defenders killed. Still, the report is a major understatement of the problem as data across much of Africa, China, the Middle East, and Central Asia remains scarce to non-existent.

“Across the world environmental defenders are being shot dead in broad daylight, kidnapped, threatened, or tried as terrorists for standing in the way of so-called ‘development’,” said Billy Kyte, a campaigner with Global Witness. “The true authors of these crimes—a powerful nexus of corporate and state interests—are escaping unpunished. Urgent action is needed to protect citizens and bring perpetrators to justice.”

Most of the deaths last year—116 of them—were related to disputes over land. But mining was linked to 25 deaths, and hydroelectric dams and agribusiness to 14 each. Indigenous people also remain among the most targeted.

“In 2014, 47 indigenous people were killed defending their natural resources, 40 percent of the total deaths of environmental and land defenders,” reads Global Witness’s new report, entitled How Many More?. This year’s report follows a landmark document last year that tracked environmental activist killing—all 908 of them—over a dozen years.

Environmental activist killings by sector. Image courtesy of Global Witness.
Environmental activist killings by sector. Image courtesy of Global Witness.

Human rights defenders are stigmatized (as ‘anti-development’) and criminalized in order to silence their opposition.

While Brazil had the highest number of environmental activist murders in 2014, the most dangerous place to be an environmental activist was actually Honduras, according to Global Witness. During the last five years (2010-2014), Honduras lost 101 activists, giving it the highest rate of environmental activist killings per capita.

“A UN Human Rights Council resolution addressing the heightened risk posed to environmental and land defenders would be a start,” Kyte said. “But, in the end, governments themselves have to take responsibility and ensure impartial, exhaustive investigations into killings of these activists. And they have to bring perpetrators to account. Many targeted assassinations of activists are being passed off as ‘common’ murders and are going unnoticed.”

Environmental activist killings by country. Those in red were indigenous people. Image courtesy of Global Witness.
Environmental activist killings by country. Those in red were indigenous people. Image courtesy of Global Witness.

Read more:  http://news.mongabay.com/2015/0420-hance-activist-murder-rise.html#ixzz3XxWqLdTV

 

Killings of environmental activists jumped by 20 percent last year.

Posted in human rights, Human Rights Defenders | 2 Comments »
Tags: annual report, Billy Kyte, Brazil, environmental activists, extrajudicial killings, Global Witness, Honduras, How Many More?, Human Rights Defenders, impunity, indigenous minorities, indigenous peoples, Jeremy Hance, land rights, Mongabay, statistics, stigmatization

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