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Article

10 Gen 2018

Author:
Amazon Defense Coalition, CSRwire (USA)

In Canada, Chevron Trying to Block Ecuadorians From Using U.N. Declaration to Support Historic Pollution Case

...Chevron is trying to block submission of a legal brief over how the company’s attempt to evade paying a $9.5 billion environmental judgment in Ecuador violates both Canadian and international law regarding the rights of indigenous peoples.  In a submission before the Ontario Court of Appeal in Toronto, Ecuadorian rainforest communities cite the United Nations Declaration on the Rights of Indigenous Peoples in support of their lawsuit...A hearing over Chevron’s attempt to block the new argument is scheduled for January 16 before the Ontario Court of Appeal in Toronto.  If the submission is allowed, the Ecuadorians plan to use the U.N. Declaration during...appellate hearing scheduled for April...In the legal brief, the Ecuadorian communities cite several provisions of the United Nations Declaration to support their lawsuit to seize Chevron assets in Canada.  These include “the right to … prompt decisions through just and fair procedures for the resolution of conflicts” and “fair and equitable compensation” for their territories that have been damaged by oil extraction and other environmental harms...The latest legal submission cites the U.N. Declaration to argue that if Chevron escapes liability by placing its assets in a subsidiary, then all 400 million indigenous peoples on the planet would effectively have their rights curtailed when they try to obtain compensation from private companies for environmental harms...The submission by the Ecuadorians also cites recent decisions by Canada’s Supreme Court that provide constitutional protection to indigenous rights in the country...

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