Indigenous Peruvian Achuar communities sued the oil giant Occidental Petroleum (Oxy) on 10 May in Los Angeles Superior Court, California, claiming the oil company knowingly damaged their health and habitat 鈥� and even killed a six-year-old boy.
Their claim alleges that 鈥渋n its unchecked effort to profit from Amazonian oil, Oxy engaged in irresponsible, reckless, immortal and illegal practices in and around the territory of the Achuar indigenous people,鈥� which were 鈥渂elow accepted industry standards, prohibited by law, and Oxy knew they would result in the severe contamination of water and land鈥�.
The company produced oil from 1975 to late 1999 in north-eastern Peru near the border with Ecuador, where the Achuar people have lived for centuries.
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Oxy officials say they are perplexed by the suit and 鈥渋nflammatory misstatements鈥� made by three non-profit groups supporting the Achuar.
In 2006, the indigenous people went along with an independent ombudsman鈥檚 ruling that Oxy鈥檚 successor in Peru, Argentina鈥檚 Pluspetrol, should spend $200 million in environmental remediation and pledge to update pollution controls.
Contaminated water
鈥淎t the time, the leaders of the community said 98% of their demands had been met,鈥� Oxy spokesman Richard Kline says. He adds that, in 1999, Pluspetrol 鈥渁ssumed all obligations for past, present and future operating conditions鈥�.
The plaintiffs say they did not include Pluspetrol in the suit because of its pledge to clean up.
Marco Simons, an attorney with EarthRights International, one of the non-profit groups assisting the Achuar, says the 鈥�98%鈥� claim was in relation to Pluspetrol鈥檚 role. Transferring operations to Pluspetrol doesn鈥檛 let Oxy off the hook, he says.
There are 13 unnamed women and girls, and 12 men and boys listed as plaintiffs in the suit. One of the boys is dead, the suit claims, because he drank contaminated water from the Corrientes River. The boy, 鈥淛ohn Doe, aged 12,鈥� died before Occidental left Peru, Simons says.
鈥淛ohn Doe had previously been healthy,鈥� the suit alleges. 鈥淪hortly after drinking the contaminated river water, John Doe developed fever, stomach pains, and started vomiting and passing blood. (His mother) took him to see a doctor who worked for Oxy, who told her to take John Doe home to die.
鈥淭wo days after becoming sick, John Doe 12 died,鈥� the plaintiffs claim.
