Peru

In April 2010, Accountability Counsel assisted the communities to file a complaint with the accountability office of one of Maple’s investors, the World Bank Group’s International Finance Corporation (“IFC”). Through the IFC’s Compliance Advisor Ombudsman, or CAO, the communities entered a mediated dialogue from April to August 2011 (see details below). Because Maple continued to knowingly expose villagers to crude oil even during the negotiations, failed to remediate or provide health care after the July 2011 spill, and refused to cover even the costs of studies regarding the extent of the clean up and health care required, the communities withdrew in August 2011 from what they consider Maple’s bad faith conduct in the negotiations.

September 8, 2011, as a result of pressure from the indigenous federations ORAU and FECONBU, a multi-sectoral commission of Peruvian Government Vice-Ministers visited the communities, conducted an investigation, and signed an Agreement with the indigenous communities Nuevo Sucre and Canaán confirming the negative impacts of Maple Energy plc operations on Shipibo territories. Read the Press Release here. On September 13, 2011, the communities sent an open letter to the CAO regarding completion of the dispute-resolution process.

At the request of the communities and their indigenous federations, Accountability Counsel is providing support to the communities throughout the CAO process and in their work to hold Maple accountable.

Background Regarding Complaint to the World Bank Group’s CAO re: 2009-2010 Maple Oil Spills

On April 6, 2010, Accountability Counsel, San Francisco-based partner International Accountability Project (“IAP”) and two Peruvian indigenous federations, ORAU and FECONBU, filed a human rights and environmental complaint on behalf of the Shipibo communities of Canaán de Cachiyacu and Nuevo Sucre located in the Peruvian region of Loreto, along the Rio Ucayali. View the full Press Release, read the complaint and watch our video.

The people of Canaán de Cachiyacu and Nuevo Sucre have been harmed by an oil project operated by Maple Energy plc and supported by the World Bank’s International Finance Corporation (“IFC”). In just 15 months in 2009-10, the communities suffered from five oil spills as a result of this project. These spills have harmed the community by polluting their water and food sources and by exposing community members to harmful chemicals. Some people in the communities have died after exposure to oil contamination, and many community members feel sick and weak.

Because Maple Energy’s oil project is financed by the World Bank’s IFC, the Shipibo villagers were able to file their complaint with the World Bank’s Compliance Advisor

Ombudsman, or CAO. The CAO is located in Washington, D.C. within IFC Headquarters. The CAO first attempts to resolve eligible complaints between communities and corporations through its “Ombudsman” procedure, and may thereafter recommend an “Audit” of IFC’s compliance with its own policies and procedures. Here, the Shipibo have requested the CAO’s help in bringing Maple to the table to negotiate an agreement that addresses the harm Maple has caused and is still causing. The communities also want an Audit so that the World Bank’s Board of Directors can hold the IFC accountable for investing in this harmful project, hearing about the harm while it was happening, and then failing to stop it, all in violation of IFC policy.

Background Regarding Maple’s July 10, 2011 Oil Spill in the Mashiria Tributary

During this most recent crude oil spill on July 10th, children bathing on the banks of the Mashiria Stream in Nuevo Sucre observed the spill in the water the communities depend on for their livelihoods (see photo at left). The Mashiria is one of the primary sources of fish and water for all forms of human use and consumption for residents of Nuevo Sucre. Representatives of Maple made no announcement of the spill or its effects on water quality to community members. Accountability Counsel videos of the spill, taken by Staff Attorney Komala Ramachandra who was in Nuevo Sucre on the day of the spill, are available here.

After the spill, women and children continued using contaminated water for bathing, washing, and fishing. Maple contracted 32 members of the Nuevo Sucre community to clean up the spill, by constructing barriers along the stream and directing the men to collect the oil with absorbent rags using their bare hands

(see photo above). Community members worked directly in the crude without any training, warnings about harm, or protective gear. Already there are health impacts from the spill: men who were part of the clean up effort are experiencing body pain and vision problems. In addition, fish are turning up dead as a result of their exposure to the crude oil.

The July 10, 2011 spill happened on the same day that the community of Nuevo Sucre was mourning the passing of Luis Saldaña (pictured left), who died in Nuevo Sucre on July 7, 2011 after suffering intense abdominal pain for several years. Luis directly linked to sickness to his ingestion of contaminated water after a Maple oil spill in 2009.

Leaders of Amazonian indigenous organizations are demanding an immediate response to the devastating July 10th oil spill in the Mashiria Stream. They solicit an urgent investigation by local, regional and national authorities of Peru, as well as cleanup and remediation by Maple Energy, in compliance with international, national and industry-wide norms. The indigenous federation representing Nuevo Sucre sent letters to the Peruvian government demanding an investigation on July 15, 2011 and July 20, 2011. The communities sent a third letter on August 3, 2011.

Our Role

As with all of our cases, our goal is not a specific outcome, but rather assistance with bringing community voice to the corporate and institutional decision-makers in a process that is fair, transparent and effective. Our mission is to support the affected communities to hold the responsible players accountable. We have collaborated in this work with the following Peruvian and international organizations:

Organización Regional AIDESEP Ucayali (ORAU): ORAU is a regional chapter of the Asociación Interétnica de Desrrollo de la Selva Peruana (AIDESEP) established in 1980 to defend and promote the rights of the indigenous peoples of the Peruvian Amazon.

Federacion de Comunidades Nativas del Bajo Ucayali (FECONBU): FECONBU is a member of AIDESEP, representing Conibo and Shipibo indigenous organizations in Peru.

International Accountability Project (IAP): IAP challenges destructive development projects that uproot and impoverish millions of people across the Global South.

Derecho Ambiente y Recursos Naturales (DAR): DAR is a non-profit organization in Peru dedicated to the sustainable development of the country.

A chronology of the events of this case is available here.

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April 2010 Video About the Case:

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Peru

Shipibo Villages Fighting Contamination and Abuse

by IFC Client Maple Energy plc

PERU LINKS: Press Releases Documents Chronology Video Español

Since 2009, Accountability Counsel has been working to support the Shipibo indigenous communities of Canaán de Cachiyacu and Nuevo Sucre in the Peruvian Amazon in their struggle to hold Maple Energy plc accountable for the harmful impacts of Maple’s oil operations on their land. The communities suffered six oil spills from 2009-11, the most recent on July 10, 2011 (see details below).

Maple’s response to the most severe of the spills has been to hire local indigenous villagers to clean up the oil with their bare hands, sometimes up to their chests in crude oil for days, without training, information about the harm from exposure to crude, and without any protective gear or equipment. Maple has also failed to notify villagers after the spills have occurred, with children, women and men continuing to bathe, fish from and drink from their primary water,

contaminated with Maple’s crude. To date, Maple has refused to adequately remediate the contamination and has failed to provide medical care to those directly suffering the results of Maple’s spills.

A multi-sectoral commission of Peruvian Government Vice-Ministers confirmed Maple Energy plc’s contamination of Shipibo territories. On Sept. 8, 2011, the Government signed an agreement with the communities of Nuevo Sucre & Canaán, promising to take action.