Quito, Ecuador – On July 8th, Dr. Jose Maria Borja, the Attorney General of Ecuador, stated in a letter to Mr. Michael Kolis, that, “the Ecuadorian govenrment will not accept the arbitration claim filed by the ChevronTexaco Corporation and Texaco Petroleum Company (Texpet) before the American Association of Arbitration.”
In response to the pending lawsuit against it, ChevronTexaco has filed an arbitration claim against Petroecuador in the United States. The company wants Petroecuador, its former partner in Ecuador, to be held responsible for the environmental remediation (and legal costs incurred by ChevronTexaco), which the affected communities claim is ChevronTexaco’s responsibility.
The decision of the Attorney General is based on the existing law of “Supreme Immunity of the State”, and it is recognized that, “a sovereign state cannot submit itself to Foreign Jurisdiction.” “Ecuador is a sovereign state that does not wish to be submitted to the jurisdiction of the courts of the United States of America nor North American legislation.” This is what was expressed in a document written by a delegation of 80 people who represent the communities who have been affected by the contamination in the Amazon. These 80 representatives visited the Attorney General in Quito, Ecuador on Thursday, July 8th to express their concerns about the arbitration claim filed by ChevronTexaco.
This declaration by the Attorney General is, “A noteworthy position in defense of the country and our national interests,” stated Luis Yanza, Legal Coordinator for the People in Defense of the Amazon (Frente de Defensa de la Amazonia), as he left the Attorney General’s Office.
A few hours before, the delegation of Amazonian representatives, were involved in a protest in front of the offices of the Minister of Foreign Trade. A group of 30 people peacefully took over the office of COMEXI, located next to the office of the Minister from noon to 5:00 PM.
The delegation of affected communities from the Amazon, also met in the morning with the President of the National Congress.
Gribaldo Cueva
Secretary of Communication and Management of FDA
* Translated by Amazon Watch
