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A Legacy of Harm

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A Legacy of Harm A LEGACY OF HARM Occidental Petroleum in Indigenous Territory in the Peruvian Amazon EarthRights International Racimos de Ungurahui Amazon Watch EarthRights International • Racimos de Ungurahui • Amazon Watch A LEGACY OF HARM Occidental Petroleum in Indigenous Territory in the Peruvian Amazon “[Oxy] said there wasn’t anything wrong, that the river and the animals and fish were fine. Oxy . didn’t warn us about anything, and this was when Oxy was contaminating our area. Oxy said, ‘we’re just extracting petroleum, we’re not contaminating.’ And so we got no support from Oxy . How am I going to survive? Where am I going to hunt? I want help. How am I going to raise my children?” — Man from Antioquía, May 2006 ABOUT the AUthorS EarthRights International (ERI) is a nonprofit, nongovernmental organization that combines the power of law and the power of people in defense of human rights and the environment. We focus our work at the intersection of human rights and the environment, which we define as earth rights. We specialize in fact-finding, legal actions against perpetrators of earth rights abuses, training for grassroots and community leaders, and advocacy campaigns. Through these strategies, ERI seeks to end earth rights abuses and promote and protect earth rights. ERI has offices in Thailand and Washington, DC. Racimos de Ungurahui is a nonprofit, nongovernmental organization based in Lima, Peru that was founded in 1995 with the mission to contribute to the strengthening and development of the human rights of indigenous Amazonian peoples. Racimos works with the social movement representing the indigenous Amazonian peoples of Peru to strengthen the internal capacity and external capacity of these communities within the context of their multiethnic and multicultural society. With a multidisciplinary team of professionals, Racimos provides experience and knowledge to assist the indigenous peoples in recuperating and effectively exercising their territorial, social, economic, political, and economic rights. Amazon Watch is a nonprofit, nongovernmental organization that works with indigenous and environmental partner organizations in the Amazon Basin to defend the environment and advance indigenous peoples’ rights in the face of large-scale industrial development projects such as oil and gas pipelines, power lines, roads, and other mega-projects. We work closely with indigenous Amazonians to protect their territories and amplify their voices in the global North. Amazon Watch has offices in California and Washington, DC. © April 2007 EarthRights International, Racimos de Ungurahui, and Amazon Watch. Free reproduction with citation to original. Cover photos: Nathalie Weemaels ACKNOWleDgemeNTS We would like to express our profound appreciation social, and environmental issues. Additionally, we to the native communities of the Corrientes River would like to thank the former vice-president of region: Nueva Jerusalén, José Olaya, Pampa Hermosa, FECONACO, Gonzalo Paima Carijano, who served Saukí, and Antioquía/Jíbaro, and the leaders of their as the inspired leader of our mission. A special representative organization, the Federation of Native thanks to Fidencio Sinti Mapuche, Henderson Communities of the Corrientes River (FECONACO), Rengifo Hualinga, and Petronila Nakaim Chumpi for asking us to take a multidisciplinary mission to Rosales of FECONACO who provided significant the region in May 2006 to investigate with them logistical and planning support before and during Occidental Petroleum’s harmful legacy in this part the mission. of the Peruvian Amazon. We extend our appreciation to Kenny Bruno, We want to extend our thanks to the Apus (traditional who assembled the mission participants and community leaders), women, and men of the conceptualized the idea for the mission from the communities, who gave unstintingly of their time outset. and memories, as they spoke to us about how their ERI is grateful to the As You Sow Foundation, lives and lands have been so powerfully impacted by whose support helped make this mission and report petroleum extraction activities and led us safely and possible. diligently to the contaminated areas. Their stories were painful for us to hear, and yet undoubtedly harder for the Achuar to express. We are indebted Report Editors to them for their honesty, their fighting spirit, and Emily S. Goldman • EarthRights International most of all, their courage in the face of seemingly Lily La Torre López • Racimos de Ungurahui overwhelming odds. We extend our solidarity to María Lya Ramos • Amazon Watch them in their ongoing struggles for environmental justice in the Peruvian Amazon. We are grateful to the community members for their assistance in serving as interpreters, opening their homes to us, helping with the mission’s transport needs, and warmly welcoming us into their communities. EarthRights International, Racimos de Ungurahui, and Amazon Watch wish to thank Andrés Sandi Mucushua, president of FECONACO, for his unstinting generosity with his time, knowledge, and careful analysis of profoundly complex political, TABLE OF CONTENTS Preface: The Corrientes Mission 7 PART III - Legal Framework 35 1. Overview 35 Executive Summary 8 2. Occidental’s Practices in Achuar Territory Violated Industry Standards 35 PART I – The Achuar People and Occidental Petroleum 11 Oxy’s discharge of produced waters was prohibited by U.S. standards Oxy’s use of unlined earthen pits was prohibited by U.S. standards 1. Overview 11 Conclusion 2. The Achuar People of Peru 11 3. Occidental’s Operations Violated International Law 38 An indigenous people with a long history in the Amazon Violations of international human rights law The five Achuar communities of the upper Corrientes River basin The responsibility of Peru and Oxy The Achuar people’s natural environment Achuar leadership and organization 4. Occidental’s Operations Violated Peruvian Law 41 Conquest and destruction of Achuar territory Violations of constitutional rights Peruvian General Health Law 3. Occidental’s Operations 14 Peruvian General Water Law In the Corrientes River basin Environmental protection in the hydrocarbon sector Oxy’s domination of indigenous peoples Crimes against the environment Oxy in Latin America: a pattern of irresponsible behavior 5. Occidental’s Conduct Leads to Legal Liability in the United States 43 4. A Fire Sale in the Peruvian Amazon 16 Conclusions & Recommendations 45 PART II – Occidental’s Harm to the Achuar People’s Health and Environment 17 Recommendations 1. Overview 17 Appendices 48 2. Occidental’s Polluting Activities in Achuar Territory 17 Exploration through seismic testing Appendix A 48 Oil production and transportation Mission Participant Bios 3. The Contamination Continues Today 20 Appendix B 50 Waste storage and disposal Government Sampling Data Discharge of produced waters A river of petroleum Appendix C 53 Maximum permissible limits for liquid effluents that are a product of activities related to the exploitation and 4. Environmental Harms Resulting from Occidental’s Activities 24 commercialization of liquid hydrocarbons and their derivatives Contamination of Achuar lands Achuar crops stunted by contamination ENDNOTES 55 Damage to vegetation Animals and birds in Achuar territory affected by contamination 5. The Significant Toll on Achuar Health Resulting from Occidental’s Operations 29 General health impacts: Achuar testimonials Results of blood-lead testing on Achuar children Impacts of elevated blood-lead levels on the Achuar people Cadmium poisoning Potential pathways of exposure to contamination Achuar community healthcare TABLE OF CONTENTS Preface: The Corrientes Mission 7 PART III - Legal Framework 35 1. Overview 35 Executive Summary 8 2. Occidental’s Practices in Achuar Territory Violated Industry Standards 35 PART I – The Achuar People and Occidental Petroleum 11 Oxy’s discharge of produced waters was prohibited by U.S. standards Oxy’s use of unlined earthen pits was prohibited by U.S. standards 1. Overview 11 Conclusion 2. The Achuar People of Peru 11 3. Occidental’s Operations Violated International Law 38 An indigenous people with a long history in the Amazon Violations of international human rights law The five Achuar communities of the upper Corrientes River basin The responsibility of Peru and Oxy The Achuar people’s natural environment Achuar leadership and organization 4. Occidental’s Operations Violated Peruvian Law 41 Conquest and destruction of Achuar territory Violations of constitutional rights Peruvian General Health Law 3. Occidental’s Operations 14 Peruvian General Water Law In the Corrientes River basin Environmental protection in the hydrocarbon sector Oxy’s domination of indigenous peoples Crimes against the environment Oxy in Latin America: a pattern of irresponsible behavior 5. Occidental’s Conduct Leads to Legal Liability in the United States 43 4. A Fire Sale in the Peruvian Amazon 16 Conclusions & Recommendations 45 PART II – Occidental’s Harm to the Achuar People’s Health and Environment 17 Recommendations 1. Overview 17 Appendices 48 2. Occidental’s Polluting Activities in Achuar Territory 17 Exploration through seismic testing Appendix A 48 Oil production and transportation Mission Participant Bios 3. The Contamination Continues Today 20 Appendix B 50 Waste storage and disposal Government Sampling Data Discharge of produced waters A river of petroleum Appendix C 53 Maximum permissible limits for liquid effluents that are a product of activities related to the exploitation and 4. Environmental
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