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Huff Post BHR Blog Series Complete

The fifth and final installment of The Huffington Post blog series on Business & Human Rights is now live here. A page describing the series and linking to each part is here. I have been getting great feedback about it, and it is clearly spurring important discussion — including a formal review process established by the Business & Human Rights Resource Centre to gather a wider range of opinions about some of the issues I raised about its Company Response mechanism in Part IV of the series.

The whole series should get more play in the coming days and weeks as we approach the five-year anniversary of the UN Human Rights Council’s historic endorsement of the UN Guiding Principles on Business & Human Rights, which really started things going in the field.

The writing process has certainly been enlivening for me — at the end of it I have 10x as many things I want to look into as when I started. But time to consider other forums and formats, plus take a little break for online slots summer!


Chevron’s Massive Pollution In Ecuador Frames Death of Legendary Nurse Rosa Moreno

Reprinted from The Chevron Pit

Rosa Moreno, the legendary nurse in Ecuador who spent three decades treating children and others afflicted with cancer in the area of Chevron’s oil pollution in the Amazon rainforest, has now herself succumbed to cancer, the Amazon Defense Coalition reported on Wednesday. One might reasonably question whether Chevron’s refusal to clean up its pollution in Ecuador might have played a role in this tragic event.

Moreno, a splendid human being well-known to those of us who write The Chevron Pit, died this week in the Amazon village of San Carlos after a two-year battle with the illness. Moreno, 55, had hosted a long line of celebrities — including Brad Pitt and the actor Trudie Styler — in her tiny health clinic in the town of San Carlos as she tried to sensitize the world to the plight of people who won a historic $9.5 billion judgment against Chevron in 2013.

Rosa Moreno in front of the San Carlos clinic

San Carlos is akin to Love Canal in the United States, only worse. For decades the village has been home to dozens of toxic waste Superfund sites that include open-air waste pits filled with oil sludge that that were built by Texaco in the 1970s and abandoned. Texaco installed pipes to run the toxic waste into nearby streams and rivers relied on by locals for drinking water. The pits were documented in a report on 60 Minutes and in the documentary Crude by acclaimed filmmaker Joe Berlinger.

Chevron bought Texaco in 2001 and inherited the liability from the disaster. Over the years, the company has used 60 law firms and roughly 2,000 lawyers to evade paying for the court-mandated clean-up.

Aside from the pits, one of which is pictured below, Texaco located a large oil separation station in the middle of town. The station systematically discharged billions of gallons of benzene-laced production waters into rivers and streams, creating a ticking time bomb that has killed or threatens to kill thousands of people. Chevron never even extended the courtesy of putting up fences around the hazardous waste sites to keep animals out and to warn people away.

Oil pit built by Texaco in the 1970s and abandoned by Chevron near San Carlos, where Rosa Moreno lived.

Moreno was a bright light in the middle of what might be the most contaminated town on earth. From a press release from the Amazon Defense Coalition, the grass roots organization that brought the historic lawsuit against Chevron:

Moreno was mostly known as a person who tried against all odds to stave off the impending health disaster with her compassionate care of young children. Her clinic was a short walk from her house, and she was often found there seven days per week. Moreno meticulously kept a handwritten log of people in the clinic who had died, often without receiving proper treatment given the paucity of doctors in the area. The list in recent years had grown to dozens of names — many young children — even though only 2,000 people lived in the town. Each name on the list had a date of birth and date of death scrawled in Moreno’s distinctive script.

Steven Donziger, the longtime U.S. legal advisor to the affected Ecuadorian communities who has been targeted by Chevron for his work to hold the company accountable, laid some of the blame for Moreno’s death at the feet of the company:

I firmly believe Rosa and many others like her in San Carlos would not have died had Chevron mets its legal and moral responsibilities to the people of Ecuador. Rosa’s death, like those of many others in Ecuador, was entirely preventable. Chevron should provide compensation to her family and medicine and diagnostic equipment for the San Carlos clinic, in addition to remediating the abysmal environmental conditions that continue to put innocent lives at risk.

Moreno’s legacy will live on in many ways.

Many of the celebrities who visited Moreno in her clinic took action to alleviate the human suffering and to protest Chevron’s outrageous behavior. They include Styler, who has written articles to call attention to Chevron’s human rights abuses and who started a project with UNICEF that has delivered clean water to numerous villages in the affected area.

Rosa Moreno and colleague Mariana Jimenez in San Francisco

Rep. James P. McGovern (D-MA), the only U.S. Congressman to visit the devastated area, toured the health clinic in 2008 and then vividly described the horrific conditions created by Chevron in a moving letter to President-elect Obama. Bianca Jagger went to Chevron’s shareholder meeting and gave the company’s CEO hell in a blistering speech. Berlinger’s film included Moreno and scenes from her clinic.

Karen Hinton, the former press secretary for New York City Mayor Bill DeBlasio, has hounded Chevron for its irresponsible behavior in Ecuador in a series of blogs published on The Huffington Post. And Donziger — a classmate of Barack Obama from Harvard Law School — has been a thorn in Chevron’s side for more than two decades, as his own writings illustrate.

If you have any doubt about the cause of Moreno’s death, look no further than the numerous independent studies that demonstrate Chevron’s toxic legacy has produced skyrocketing cancer rates in the area where she lived. One study from a former Rand Corporation analyst predicts 9,000 deaths in the affected area in the coming years if Chevron refuses to remediate the disaster.

For more on Texaco and Chevron’s dastardly behavior in Ecuador, see this video.

Although Chevron’s management team surely never thought it possible, Rosa was among the many impoverished Ecuadorians who banded together and fought for years before finally holding the company legally accountable in 2011 after an eight-year trial. In a paradigmatic breakthrough in the human rights area, several prominent corporate law and litigation firms around the world signed up to represent the villagers. And in 2013, Ecuador’s Supreme Court unanimously affirmed the trial court ruling in a 222-page decision that meticulously documented the overwhelming evidence against Chevron.

Although the lawsuit originally was filed in the U.S., the trial was held in Ecuador at Chevron’s request and the company willingly accepted jurisdiction there. Of course, Chevron thought it could engineer a political dismissal by pressuring Ecuador’s government. That unethical strategy backfired.

Chevron’s continued obstinance — it sold off its assets in Ecuador during the trial and has vowed to fight “until hell freezes over” — forced Rosa and her friends to try to seize company assets in Canada to pay for their clean-up. That country’s Supreme Court recently backed the villagers in a unanimous opinion. Chevron is now facing its own ticking time bomb in court.

Rosa, your legacy will inspire the affected communities and their allies around the world to fight on until Chevron pays the court judgment in full and the responsible individuals in the company are held accountable for their misconduct.


New installments to Huff Post BHR blog series

[New Parts III and IV added. Probably one more part on its way to finish it up.]

“Business & Human Rights” (BHR) is an international legal and political framework, arising from the UN Guiding Principles on Business and Human Rights(UNGPs), that just in the last few years has revolutionized how the world’s leading multinational corporations are talking about and engaging with human rights. As part of BHR, states are drafting National Action Plans, companies are drafting Human Rights Policies and conducting Human Rights Due Diligence (of both their own conduct and the conduct of companies in their supply chains), and civil society groups are both celebrating these efforts and scrutinizing the results.

In this blog series, Aaron Marr Page, a law professor and human rights lawyer with over a decade of on-the-ground experience with indigenous and other affected communities around the world, takes an appreciative but critical tour of core BHR concepts, debates, practices, and institutions, digging into the mysterious alchemy — the magic “&” — that has so quickly and forcefully brought the business and human rights communities together, and asking important questions about whether and how this bond will endure.

Part I: The BHR Boom Years
Setting aside old animosities creates a dynamic new space; but does it have the tools and fortitude to achieve real results?

Part II: A Pendulum Swing?
As the business community starts using the BHR discourse to reframe what human rights success and progress looks like, some leading BHR voices express concern.

Part III: The Missing Institution
Questions about the almost built-in lack of leadership behind the “Third Pillar” of BHR that was supposed to demand real remedies for human rights victims.

Part IV: The Rules of the Game
Allegations of corporate human rights abuse are raised — and responded to — in an important weekly dialogue that looks like a “level playing field,” but doesn’t always work out that way.

Part V: [Forthcoming]


New blog series on Business & Human Rights

I am in the process of rolling out a Huffington Post blog series on the topic of Business & Human Rights (BHR). The first two blogs introduce the topic and lay the foundation for a series of slightly more challenging analyses and criticisms that will be forthcoming in the next few weeks. Always happy to hear feedback by email or Twitter.

 


Response re the Challenges of Defending Human Rights Defenders

Ted Folkman at Letters Blogatory posted a rather dismissive take on a recent letter I signed to the UN Special Rapporteur for Human Rights Defenders (now on Twitter!) on the situations facing the human rights defenders in the Chevron/Ecuador case. My response below (also published by Ted).

I’ll briefly respond to one point and add one observation.

As someone who watched things unfold, I can say that Ted’s speculative claim that “the reason Chevron’s threats were so potent was because there was some underlying wrongdoing that made Patton Boggs and the others perceive a serious risk of liability” is wrong. It is true, as he says, that some “allies” like Burford were “spooked,” in the sense that as soon as they heard Chevron’s allegations they starting looking for the exit (including, in Burford’s case, by coordinating with Chevron behind their own clients’ backs). Others were the victims of flat-out, unapologetic economic extortion campaigns, such as folks from Stratus Consulting, the company that Chevron brought to its knees by crushing it with litigation, intervening in a dispute with its litigation insurer to make sure the insurer would not cover the litigation expenses, and sending smear-campaign letters to Stratus’ other clients. (How we all tolerate this kind of conduct as just “part of the game” is beyond me.) But allies who took the time to unpack Chevron’s allegations and really understand the facts did not end up abandoning ship.

Ted thinks Patton Boggs is an example of someone “spooked” on the facts, like Burford, or a victim of extortion, like Stratus. Not so. In reality, there were two Patton Boggs—the team that actually worked on the case and understood it, and the rest of the firm that couldn’t care less (and was reportedly mystified at how the firm ended up going up against a wealthy corporation like Chevron in the first place). A great untold story in this case is the heroism of the Patton Boggs team on the case. These men and women worked like dogs, for years, long past when there was any money coming in or any prospect of money. They faced constant attacks not just from Chevron but from corporate apologists in their own firm. And they never gave up on their clients. The larger firm settled with Chevron without telling them, to salvage a merger that was driven by economic considerations far beyond the Chevron case. The team that worked on the case was forced out of the firm in the process. Yet to this day they are proud of what they did and they should be.

Now my observation. Ted’s approach to the human rights perspective here—basically, encouraging “askance” as to whether the Ecuadorian case defenders should really be defended in light of the charges made against them by the very opponent the defenders are resisting—is exactly why the whole “human rights defender” and “environmental defender” movement, despite overflowing attention in the last few decades, is often considered weak at best. A recent report tallied 156 human rights defenders killed in 2015, with numbers of killings and harassment increasing year by year. Members of our team in Ecuador have braved anonymous death threats and other forms of harassment for literally decades. Continue reading