Unethical Practices by Chevron Oil Company PDF

Title Unethical Practices by Chevron Oil Company
Course Applied Ethics-A Multicultural Approach
Institution Christ (Deemed To Be University)
Pages 6
File Size 122.6 KB
File Type PDF
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Summary

A summary/report on the Unethical Practices by Chevron Oil Company...


Description

A comprehensive analysis of the human rights violations as presented by Chevron An introduction to Chevron Chevron is primarily an American multinational energy corporation that mainly deals in every aspect of oil and gas along with hydrocarbon exploration and production. They also engage in the finer aspects of oil mining and refining. It is among the seven sisters that dominated the global petrol industry from the mid 1940s to the 1970s. Chevron, a petrochemical giant, is implicated in some of the world's greatest environmental and human rights violations. Texaco (which was purchased out by Chevron in 2001) unleashed a poisonous "Rainforest Chernobyl" in Ecuador from 1964 to 1992 by leaving over 600 unlined oil pits in virgin northern Amazon rainforest and spilling 18 billion gallons of toxic production water into rivers used for swimming. Cancer, skin rashes, birth abnormalities, and spontaneous miscarriages have all been reported in local populations. (2005 List: The 14 Worst Corporate Evildoers | Global Labor Justice, 2005) Human rights violations and Chevron Ecuador Chevron has been implicated in a variety of scandals ranging from environmental abuse and a blatant violation of human rights. The first issue with Chevron that we will be addressing is the human rights issue in Ecuador. The basics of this case involves Texaco, a child company of Chevron sending out an exploration party into the deeply forested regions of Ecuador in order to check its feasibility for fracking purposes. After confirming the abundance of oil, they drilled more than 350 wells which created the by-product of drilling mud. Drilling Mud is a highly toxic substance and must be stored in adequately leak proof containers to prevent contamination. Texaco was far from safely disposing of this material, in fact they used pits as open air sewers and did ot take any precautions to prevent leakage. They even exacerbated this toxicity by adding sewage water and other dangerous residues harming the environment irreparably. The population that once thrived there owing to the abundance of its abundant resources and biodiversity have since been displaced. The Cofan population has been reduced from 5,000 to less than 800. (Human Rights Violations and Access to Justice for the Victims of Chevron in Ecuador |, 2014) A branch of Chevron, Texaco oil company was granted oil mining rights in Ecuador allowing a liability of 40 million dollars to be allotted for cleanup purposes. The claim as filed by the residents of Ecuador stated that Texaco had contaminated the land they were fracking for a better part of almost 3 decades. The Ecuadorians first filed a class action suit in federal court in New York in 1993, citing both toxic tort and Alien Tort Claims Act grounds. The Alien Tort Claims Act is a venerable 1789 statute passed by the first United States Congress that makes it possible for aliens to sue in US federal courts for torts committed in violation of international law or a treaty. In a number of successful settlements and currently awaiting actions against companies involved in outrageous human rights violations, this statute has been used to accomplish some measure of corporate accountability. (Pitts, 2011)

This case was dismissed by the courts owing to the corporate defendants' argument that the US was an “ inconvenient forum” and the litigation case was reopened in Ecuador. This case appears to be moving at a glacial pace because of interference from both the plaintiff and the defendants. For instance the lead counsel for the plaintiffs was accused of parts of a report that a court appointed expert had published detailing the charges for environmental damages. The Parabe Incident, May 1998 This incident can be predicated by the atrocities faced by Nigeria from Chevron and their subsequent children companies. Chevron obtains 400,000 barrels of oil annually from Nigeria, despite the loud protests of local and indigenous communities concerned about the environmental devastation. 8 Human Rights Watch notes in its study on oil companies in the Niger Delta that Chevron is responsible for numerous environmental hazards, including water pollution. In Spite of the great wealth derived from oil, the Niger Delta's GDP per capita is less than the Nigerian national average of US $260. Literacy rates in the region are also lower than the national average, as are health indicators. A tiny percentage of people employed in the lucrative oil sector have increased the cost of living in Delta urban areas. ß Chevron was also accused of fueling ethnic conflict by favoring one minority ethnic community, the Itsekiri, over the larger majority in awarding contracts and employment opportunities. 12 Local residents claim that this is done to divide immigrant minorities in order to rule over them without serious challenge. (Bustany & Institute of Policy Studies, 2000, 3) In short the incident in question goes as follows. A number of Ilaje youth assembled peacefully in front of a Chevron offshore drilling factory in order to protest. The demonstrators held vigil at the drilling factory for almost 5 days without causing any disturbances to any Chevron employees. This was reiterated by both the Nigerian armed forces that accompanied them as well as testimony provided by Chevron employees themselves. The demonstrators and the chevron officials came to an agreement stipulating that the protests would end the next day if they were granted a fair audience with the relevant authorities. Despite this peaceful agreement Chevron engaged the helicopters, the Nigerian Navy and Mobile Police —known as the “Kill ‘n’ Go”—accompanied by Chevron personnel to clear out the protesters. This caused the death of two individuals and injury of countless more. Chevron maintains that the two youth that were killed had tried to disarm the troops and were behaving in an aggravated manner.

The Opia and Ikeniyan Incidents, January 1999

On January 4, 1999, about 100 armed soldiers – who also arrived in Chevron-owned vessels – attacked Opia and Ikenyan, 2 minor communities of about 500 people each in Delta State's Warri North local government area. Members of the community described how a helicopter of the The kind of planes they were accustomed to seeing flying over Chevron's operational processes flew low over the society at first: They didn't think much of it because there are two Chevron wells within 100 meters of Opia village, but as the helicopter approached the village, it began firing at the residents. After about a half-hour stay at The helicopter, Opia, flew to nearby Ikenyan and fired on the villagers. (Bustany & Institute of Policy Studies, 2000, 4) Following the attack, the majority of the current Opia and Ikenyan residents fled to other communities and formed a review panel to pursue their case with military authorities and Chevron. Chevron expressed no regret for the attacks in correspondence, nor did it explain why its equipment was used; by midFebruary 1999, no company executives had decided to enter the communities since the events of January 4, 1999. Chevron has made no public statements criticizing the military's use of its machinery to attack the two identities, nor has it discussed how it plans to avoid similar incidents in the future.

The following facts remain indisputable ●

The Chevron facility in Escravos houses the military used in the attacks on the Parabe protesters, as well as the villages of Opia and Ikenyan.



ß Chevron requested the Nigerian military's assistance in putting an end to the protest on the Parable platform.



ß Chevron provided helicopters for the infamous Mobile Police attack on Parabe. as a result of which two unarmed protesters were killed The Nigerian delegation was accompanied by Chevron personnel, including Chevron's chief of security in Nigeria. military involvement in the Parabe attack Chevron supplied the boats and helicopters used in the Opia and Ikenyan military attacks. communities, resulting in the deaths of at least four people and possibly dozens more. (Bustany & Institute of Policy Studies, 2000, 7)

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The prerequisite for an International Ruling

The Chevron case is symptomatic in many ways, demonstrating the damaging effects on the environment and indigenous tribes of organic resource exploitation activity conducted out by global corporations (TNCs) without any regulation or oversight, as well as the tortuous path that victims must take to obtain justice and compensation. The victims must deal with extremely powerful actors who have vast influence networks and almost limitless resources, and they cannot always rely on the cooperation of governments in the countries where the TNCs have their offices, governments that frequently favor TNC economic interests over the protection of individuals outside the country. TNCs have many rights and protections under the current economic system, but they are not held accountable for their actions or human rights violations. A global system that recognises the rights but not the obligations of the world's most powerful economic actors cannot be described as stable or balanced. It is clearly biased in favor of TNCs and leaves victims of their activities with no recourse. It is past time to restore balance to this system. (Human Rights Violations and Access to Justice for the Victims of Chevron in Ecuador |, 2014) The World Bank's role in the Chad-Cameroon pipeline project is essential, as ExxonMobil has publicly stated. The World Bank will provide US $365 million in project financing, but more importantly for the oil companies, and will provide the risk assurance that organizations have lacked in troubled Nigeria. As a result, in addition to providing other forms of funding, the Bank "also provides a moral shield to external criticism that oil producers are not tackling issues related to human rights and development." What has Chevron done to face the Human Rights allegations? Following the court case in February 2011, and it’s subsequent verdict,a landmark decision against Chevron insisting that the business pays $18 billion USD in restitution to indigenous communities and government communities Chevron's liability finding was later affirmed in three separate appeals, though the liability was ultimately reduced to $9.5 billion. Chevron has compensated nothing as of today. Chevron — and their lead law firm, Gibson, Dunn & Crutcher — has pointed the finger at Steven in particular as the frontline attorney who dared to challenge the monolith for prioritizing profits over human life. Internal company emails reveal a defense strategy based largely on a campaign to demonize Steven, involving a multitude of law firms and public relations firms hired to focus their armaments on one civil rights lawyer who lives in a modest New York apartment with his wife and son. Chevron filed punitive civil action against Steven and his coworkers in 2011, alleging a racketeering conspiracy in the original case. Steven was held liable for $60 billion USD, the major potential personal liability in United States history. (Bailey, 2020)

Steven is already ten months into his sentence, with no end in sight, and is confined to his residence by a digital anklet, with all movements supervised 24 hours a day, seven days a week. His jury case is designated for June 15, but due to COVID-19 and other factors, that date could easily be pushed back. Meanwhile, he is attempting to have the case completely dismissed.

References Bailey, L. M. (2020, May 11). Chevron vs. human rights — big consequences for the man who fought big oil. Medium. Retrieved March 4, 2022, from

https://medium.com/wedonthavetime/chevron-vs-human-rights-big-consequences-for-the-manwho-fought-big-oil-2a0b4b3b04ed

Bustany, C., & Institute of Policy Studies. (2000, April 28th). Chevron’s Alleged Human Rights Abuses in the Niger Delta and Involvement in ChadCameroon Pipeline Consortium Highlights Need for World Bank Human Rights Investment Screen. 7. https://sustainable-economy.org/wpcontent/uploads/2018/02/Chevron-HR-in-Niger-Delta-Chad-Cam.pdf

Human rights violations and access to justice for the victims of Chevron in Ecuador |. (2014, November 11). Cetim.ch. Retrieved March 2, 2022, from https://www.cetim.ch/human-rightsviolations-and-access-to-justice-for-the-victims-of-chevron-in-ecuador/

Pitts, C. (2011, February 15). Chevron Found Guilty in $8 Billion Ecuadorian Human Rights and Environmental Case – Amnesty International USA. Amnesty International USA. Retrieved March 2, 2022, from https://www.amnestyusa.org/chevron-found-guilty-in-8-billion-ecuadorian-humanrights-and-environmental-case/...


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