Texaco in Ecuador
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INTERVIEW: LUIS YANZA
Luis Yanza, the first president of the Amazon Defense Front (FDA), now coordinates the FDA's involvement in the ChevronTexaco case and serves as liaison with the Assembly of Delegates.
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| Luis Yanza helped create the Assembly of Delegates of Communities Affected by Texaco. When the case was sent back to Ecuador, he said, "We visited the communities, and the majority of people said, 'We've come this far—we have to follow through to the end.' So we informed the lawyers of that decision and began to prepare the case in Ecuador." By: Coco Laso/Oxfam |
Luis Yanza was the first president of the Amazon Defense Front (FDA), an umbrella group of community and grassroots organizations formed to protect the environment in the northeastern Ecuadorian department of Sucumbíos. He now coordinates the FDA's involvement in the ChevronTexaco case and serves as liaison with the Assembly of Delegates, an organization that was formed—and which is supported by Oxfam America—to represent approximately 100 communities affected by the environmental damage left behind by Texaco.
How does the Assembly of Delegates feel about the ChevronTexaco case now?
There are great expectations. We're trying to get people more involved in the case, because now it's being heard here in Ecuador, in the place where the damage occurred. We want people to feel ownership of the case, to feel that they have a role in the trial. During the nine years that it was in the courts in the United States, they felt that it was very far away and had little to do with them.
We've been visiting the communities, and we find a great deal of expectation and hope. But the case is going to take a long time, and that's the challenge for us: keeping people united and maintaining that level of expectation during the two or three or four years that the process may go on.
Why was it important to set up the Assembly of Delegates?
Before the Assembly was formed, there were some internal conflicts with the indigenous organizations involved in the case. They didn't want the FDA to speak for them, because it is made up of mestizo community groups, not indigenous organizations. To solve this problem, the members of both the indigenous communities and peasant communities affected by the damage were asked how they would like decisions to be made. After a three-month consultation period, they suggested forming another group that would represent all the people affected, both indigenous people and non-indigenous settlers. That would be the place for making decisions about the case. That led to the formation of the Assembly in February 2001.
Does every community in the affected area have a delegate to the assembly?
We've calculated that about 100 communities of indigenous people and non-indigenous settlers are affected. There aren't 100 delegates, however, for the simple reason that it would make the assembly too big.
In all, about 25 percent of the communities are indigenous and about 75 percent are communities of non-indigenous settlers. The settlers don't have a single representative organization, so the communities were divided up and each delegate represents between three and five communities.
How is the Assembly organized and how does it make decisions?
There are 25 delegates, of whom 20 are settlers, four represent indigenous nationalities involved—the Siona, Secoya, Cofán and Huaorani—and one is the president of the FDA. These delegates represent about 90 percent of all the people affected by the damage. They meet every two months, then the delegates return to the communities and explain what has happened.
There is also a six-person executive committee made up of four members of the communities, one representative of the non-indigenous communities and the president of the FDA. This committee is responsible for smaller, more operational decisions. It usually meets monthly, although if there is not much to discuss, the meetings may be less frequent. The month the trial started in Lago Agrio, it met twice.
In the Assembly, problems are discussed and decisions are made by consensus. So far, there haven't had problems solving controversial issues. Everyone feels they have the same degree of representation and the same opportunity to be heard.
Do the delegates have the power to make all decisions?
The delegates can discuss smaller issues and make decisions, but the communities must be involved in any decision that could create conflict. If Texaco proposed an out-of-court settlement or negotiation, for example, the Assembly could discuss it, but it couldn't make a decision. The delegates would have to go back to their respective areas or communities and discuss the issue. They would then come back to the Assembly with the decisions made by their communities and the Assembly would reach a consensus.
When has the larger-scale consultation mechanism come into play?
It was used once when Texaco proposed a settlement. In that case, people said yes, negotiation was possible as long as certain parameters were met, such as environmental remediation, compensation for the communities with the provision of potable water, health care and similar services. A specific proposal was even drawn up.
When the case came back to Ecuador from the United States, that was also discussed with the communities, although people were already prepared for that possibility because of the information we'd been receiving from our lawyers. The lawyers said they were willing to continue working on the case as long as that's what the people wanted.
So we visited the communities, and the majority of people said, "We've come this far—we have to follow through to the end." So we informed the lawyers of that decision and began to prepare the case in Ecuador.
The Assembly's meetings and coordinations have a cost. How have you covered this?
The funding comes from Oxfam America, along with some contributions from the communities—which are small, but still important. Our lawyers sometimes help us seek funding for specific activities. But most of the ongoing Assembly activities are made possible by Oxfam.
Unlike other agencies, however, Oxfam's participation isn't limited to receiving grant proposals, making grants and reading reports. They also take an active interest in the case and sometimes make suggestions, which we take into consideration. Every year, their project officer for the Amazon region comes here and participates in an evaluation with us.
The Texaco case has been going on for about a decade. Have some communities gotten tired and given up?
Yes, although not many. And when the Assembly was formed and the case returned to Ecuador and began to get more publicity, some of the people who had pulled out because they'd gotten tired of waiting or because they had certain personal ambitions began to come back. They see more hope for a solution and are getting involved again.
Are young people and women represented in the Assembly?
Most of the delegates are over 30, and more than 80 percent are men. Four months ago, we did an evaluation and people made some suggestions for getting more women and young people involved in working to defend human rights. Because our funds are limited, we haven't been able to put those ideas into action yet, but we would like to.
Why is there less participation by women and young people?
We still live in a chauvinistic society. Women traditionally spend their time on household tasks. They don't have the time—or, in many cases, the freedom—to attend meetings. Youth participation is low because young people receive so many messages from the media and society that make them adopt an individualist mindset. Because of this, they often don't pay much attention to environmental or human rights problems. That's not the case with all youth, however. There are some who are concerned and involved in these struggles, and we're developing strategies for getting more young people and women involved.
The Assembly also provides opportunities for raising awareness and educating people, although it's not done in a formal way. For example, at the meetings, when we report on and analyze the legal aspects of the case, people are not only receiving information, they're getting an education. We want to take advantage of the Assembly to reach more young people. We also want to plan activities that will motivate youth to take action on environmental issues.
What lessons can be learned from the work of the Assembly of Delegates?
Although the main issues facing the Assembly involve the legal process, the delegates have also expressed concern and discussed other environmental problems in the Amazon region. It has issued statements about the construction of a heavy crude pipeline in Ecuador, which has caused much division and many problems during the past year and a half, as well as about other communities that are fighting for their rights and are being affected by other petroleum companies, both state-owned PetroEcuador and private foreign companies. So the Assembly does not pay attention only to issues related to the legal case against Texaco.
Once the case is over, will the Assembly continue to meet?
Of course. Even if the trial ended today or tomorrow, or if it ends in another year or two, the process doesn't stop there, because after the court decision comes the hard work—carrying out the sentence, doing the environmental cleanup, implementing the compensation. That needs to be done in coordination and with the participation of the affected communities. So it will go on for some time. Even if we lost the trial, it would have to continue, because we still need to find a solution to the people's environmental and health problems, because the situation can't go on like this.