Refleksi : Hebat juga perusahaan pertambangan  di wilayah NKRI, kelihatannya 
tidak ada yang merugikan masyarakat setempat bila dibandingan dengan di 
Ecuador. Apakah hal ini bisa terjadi karena penguasa NKRI sangat cinta alam 
ataukah rakyat tidak bekutik untuk memprotes? Ataukah media tidak tertarik, 
karena penguasa tambang dan konco-konconya menguasai media? 

http://www.dailytimes.com.pk/default.asp?page=2010\04\08\story_8-4-2010_pg3_3

Thursday, April 08, 2010

COMMENT: Crude violation of rights in Ecuador -Miranda Husain 

 The most impressive feature of this documentary is its refusal to pay homage 
to the Michael Moore school of filmmaking. Meaning that just as it never 
becomes a one-man show, nor, too, does it fall into the trap of base 
stereotyping 

Back in March, we saw 
'The Hurt Locker' sweeping the Academy Awards, picking up a total of six 
Oscars. The film was applauded for reminding us of the human face of war and 
for daring to pursue this from a micro-military narrative. 

In a not entirely dissimilar vein, another American film - this time seeking to 
share the narrative of the exploited to reconnect us to the very human face of 
suffering - was, in February, awarded the International Green Film Award. 

Directed and Produced by Joe Berlinger - the man behind the utterly mesmerising 
'Paradise Lost' - 'Crude: The Real Price of Oil' is set against the backdrop of 
Ecuador's Amazon jungles. Its protagonist comes in the form of a 30,000-strong 
plaintiff collective, hailing from five different indigenous tribes. Their only 
weapon is a class action $ 27-billion-lawsuit (filed in 1993) against Texaco, 
over the latter's alleged dumping of 18 billion gallons of toxic waste in the 
area. 

The film reminds us that Texaco began oil drilling in Ecuador in the 1970s, 
leaving the country in 1991 and handing over operations to the state-run 
PetroEcuador. When Chevron merged with Texaco in 2001, the resulting entity, 
Chevron-Texaco, inherited the lawsuit. 

'Crude', which was released in 2009, follows the progress of the lawsuit 
between 2006 and 2007. 

The most impressive feature of this documentary is its refusal to pay homage to 
the Michael Moore school of filmmaking. Meaning that just as it never becomes a 
one-man show, nor, too, does it fall into the trap of a base stereotyping 
seeking to caricature the 'enemy' in contrast to the measured dignity of the 
other. 

Thus we are introduced to a Chevron-Texaco environmental scientist as well as 
lawyer, both of whom are tasked with responding to the charge sheet before 
them. The same goes for the Ecuadorian lawyers in the role of defence counsel. 

Nevertheless, the central focus of the film's narrative does rest on the 
victims of this 'Amazon Chernobyl'. 

We hear stories from the indigenous communities. Of petrol-contaminated water 
resulting in cancer increases; of an overwhelming lack of resources for 
treatment; of newly-bought livestock dying before any impact on income levels 
can be secured. 

Yet, even here, Berlinger ensures that his narrative does not give way to the 
sensationalism of poverty, suffering or disempowerment. The key to this is his 
primary focus on a home-grown lawyer who, through his collaboration with an 
American advocate, comes to represent both the suffering and empowerment of 
Ecuador's indigenous communities. 

Pablo Fajardo, recounting how his 14-year-old self worked for Chevron-Texaco, 
stressed how he witnessed first-hand its systematic degradation of the 
environment. 

Yet instead of surrendering to reactive emotions, Mr Fajardo made up his mind 
to study law - understanding even then that justice can only be fought for 
within legal parameters. And it is for this reason that he appears to embody 
fully the empowerment of his country's indigenous communities, given their own 
search for a legal redressing of this inexcusable violation of their human 
rights. 

As the documentary progresses, we come to realise that Berlinger's commitment 
to allowing the 'villains' to articulate their defence beyond mere soundbytes 
results in the audience not only receiving a more balanced insight into the 
issue, but also in posing yet more questions. 

Consider. The plaintiffs hold Chevron-Texaco solely responsible for the toxic 
waste dumping, despite the state's complicity in according it full impunity 
regarding past, present and future degradation. Yet the spotlight limits itself 
to a first-ever presidential visit to the contaminated areas, which naturally 
succeeds in securing widespread media coverage of the case. 

This brings us to another point touched upon by Berlinger: the 
media-professional celebrity activism marriage being the most effective means 
of highlighting injustices that should have long ago penetrated global public 
consciousness. Thus while Vanity Fair's coverage of the lawsuit is hailed as a 
mainstream media breakthrough, Mr Fajardo is seen lamenting the spotlighting of 
his own persona over that of cancer-stricken families. 

Nevertheless, this coverage paves the way for the Rainforest Foundation Fund - 
founded by celebrity activist power-couple Sting and Trudie Styler - to become 
involved in the case, thereby raising its profile to the next level. In 
addition, the Foundation teams up with the Amazon Defence Front and UNICEF to 
provide a short-term emergency measure of securing clean drinking water for 
4,000 people in the contaminated areas. 

By the film's close, we discover that the 'global assessment' report filed by 
an independent expert calls for Chevron-Texaco to pay up the $ 27 billion in 
damages. Yet there is no sense that justice may finally be done. Predictably, 
the company rejects the report's findings, claiming that Ecuador's judicial 
system is flawed. This, despite having spent nine years fighting to have the 
case moved to that country. Similarly, news that Ecuador indicts the 
Chevron-Texaco lawyer for fraud while charging seven government officials 
simply represents a long overdue first step. 

The beauty of 'Crude', therefore, lies not in the hope of a happy ending. 
Rather, it lies, in the words of one reviewer, in its ability to look "beyond 
the compassion of the disenfranchised and the corruption of those in power to 
ask how justice itself is being denied in the 21st century". 

And it is the answer to this that should haunt us all. 

The writer is a Lahore-based freelance journalist and is currently working on 
her first novel. She can be reached at [email protected]


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