Does the Hague Court of Arbitration bring justice for the oil victims of the Amazon or does it deliver the opposite?

25 October 2018 - Event

This debate on Thursday 25 October focusses on the impact of pollution on indigenous peoples as well as the working of national and international legal instruments, in particular The Hague Court of Arbitration. How does it operate? Who are the judges? Who benefits?

Date
25 October 2018
Time
17:00 - 19:00
Location
Institute of Social Studies, Kortenaerkade 12, 2518 AX Den Haag.
Programmes

Four Ecuadorian Courts have condemned Chevron for the oil pollution in the Amazon. Following an appeal by Chevron itself, the Constitutional Court in Ecuador confirmed the verdict last July. This has been a landmark case for environmental justice.

Contradictory to the verdict of the  Ecuadorian Courts, the Permanent Court of Arbitration in The Hague under the “investment state dispute settlement mechanism” ordered the State of Ecuador not to enforce its judgment against Chevron. The Permanent Court even imposed a penalty on Ecuador. This decision infringes not only on the human rights of the victims, but also on the sovereignty of the Ecuadorian State and its Constitution.

The debate will focus on the impact of pollution on indigenous peoples as well as the working of national and international legal instruments, in particular The Hague Court of Arbitration.

 

Speakers:

Roeline Knottnerus, SOMO-TNI. Trade & Investment Policy Advisor. She will focus on how the rights of investors appear to override all other legislation and whether we can reset this imbalance for instance in conjunction with a Binding Treaty for Business and Human Rights.

 Justino Piaguaje. He is leader of the Siekopai Indigenous People and Member of the Executive Board of the UDAPT (Union of the Affected People from the Amazone byTexaco/Chevron).

Pablo Fajardo Mendoza, Lead Lawyer for the UDAPT on the Chevron Case. He will explain how International Arbitration Tribunals are a danger to the sovereignty of the peoples.

Moderator: Siobhán Airey, Research Fellow, University College Dublin & TNI

Translator: Anna Berti , Environmental & Health Law Specialist

Schedule: 17:00- 19:00 pm

  • Welcome to ISS: Teyo Vander Schoot, Human Rights Senior Advisor (3minutes)
  • Section 1 -  Roeline Knottnerus, SOMO-TNI. (10-15 minutes)
  • Pablo Fajardo Mendoza, Lead Lawyer UDAPT. (10-15 minutes)
  •  Justino Piaguaje. leader of the Siekopai Indigenous people. (10-15 minutes)
  • We strive to make this part a dynamic discussion that sees active participation from both panellists and audience regarding this topic.
  • Section 2- Questions and answers
  • Section 3- wrap- up, Letty Fajardo Vera (2- minutes)