Crude means unrefined, and like many English words, it’s meaning is too broad to be translated without surrounding context. In the energy schema, it refers to unrefined or raw oil. In the material schema, it means unfancy, making do with what can be tossed together. In the socio-cultural schema, it refers to people who are either basic and unpretentious in their interactions or those who are downright crass and inappropriate. One brings to mind Eliza Doolittle from the tale ‘My Fair Lady’, the other, images of Jack Nicholson portraying his most hate-able characters. In the documentary entitled Crude, all of these applications can be observed.
In 1964, Texaco found resources in Ecuador, and the fact that indigenous people already had their societies and homes on the same land was rather beside the point. The legendary Woudani tribe drove Shell oil from their territories in the late 1940’s, at the end of spears. In the 1960’s, Texaco (who was bought out by Chevron) made an agreement with the government of Ecuador for permission to drill. Many tribes were displaced, both to make room for the oil business and to prevent battles that would likely result in industrially-sponsored genocide. Among the displaced were the Woudani and the 15,000 members of the Cofan tribe. The Cofan people now number 1,500, a 90% drop. In 1993, the tribes of the Ecuadorian jungle jointly began their long fight to bring the matter of oil contamination to the courtroom, and in 2006 the trial finally began. It was not that they were unwilling to share, or even sell, their resources. They were, however, unwilling to surrender their lives and the lives of their children.
As oil was drilled, crude, a tarry sludge, settled into more than 1000 areas, making black swamps of what had previously been clean land. Byproducts flowed into the Ecuadorian rivers where the villagers came for bathing and their cooking/drinking water. Now the people are dealing with cancer, taking 2-day journeys on foot every 15-20 days for $500 treatments they cannot afford. Of every 20 babies, 15-16 of them are covered in skin rashes…even newborns, who haven’t had time to play in the rivers and be contaminated over seasons. One man interviewed lost two sons to poisoning, one of them in the space of 18-36 hours. The animals that they would use for food and/or trade are dying of contamination, and the fruits and vegetables aren’t growing properly. The oil company asserts that the people should not live on these portions of land and water that are admittedly tainted by industrial waste. One town rests at the intersection of two such rivers, so they have no options for clean water, when once it was abundant. They are told to move from the places they have known for generations, without a safe place to move to. The official stance of the corporations is that the health issues are caused by poor sanitation practices and fecal waste, not oil. Never mind that the people have maintained their societies and lifestyles on these rivers and lands for many generations, and that the Amazon rivers have been moving water, dead fish, and fecal waste for a few thousand years without prior incident.
Texaco/Chevron is not alone in this matter, there is a national oil company, Petroecuador, also under fire. Texaco began industry, from the 60’s to the 90’s, and is accused of being reckless about the process and byproducts. When Texaco left Ecuador, the company Petroecuador took over, and followed the patterns set by Texaco for drilling and disposal. The tribes filed their first lawsuit in New York, against Texaco, in 1993. It was thrown out and remanded to Ecuador nine years later (2002). During that time, Texaco and Chevron merged, and with the bargain, Chevron inherited a class action lawsuit. Unfortunately, this provides the executives with potential scapegoats – each company pointing fingers at the others. The attorneys for the Ecuadorians, led by Pablo Fajardo, are not willing to allow blame to be shifted off of any of the oil companies.
PABLO FAJARDO: [translated] We don’t defend Petroecuador. They’ve done plenty of bad things. We hope to have another trial against Petroecuador so that they are held accountable for their actions. What we have to do is — each one is responsible for themselves. Texaco did terrible things. Texaco has to answer for itself. Petroecuador does things they have to answer. What they want is to say everything is Petro’s fault, so that they are free from responsibility. We will not allow that. (‘Crude’ film clip, transcribed on a 2010 interview)
Having the matter judged by the Ecuadorian court system, bribery and corruption are more viable options than they would be in the American system. It happens in America, but in Ecuador it’s a known element in operating procedures. Another factor that the systems of Ecuador bring to the case is their frequent changes in government, once going through eight presidents in a period of only ten years. In 2007, the plaintiffs got the attention of the newly elected Ecuadorian president Rafael Correa, and he was taken on a tour of some of the villages, sludge pits, wells, and rivers. He saw first hand the devastation of the area, and made some progress in investigating and/or resolving the matter.
In 1995-1996, the sludge pits underwent an 8-step remediation procedure that involves digging up the oil-infused land and replacing it with fresh dirt. Chevron has in its possession a stack of signed documents declaring that each of these stages were fulfilled and inspected. Contrary to the documentation, the pits still exist, some with dirt over sludge, and some with homes on the dirt over the sludge. President Correa has issued charges against each of the signers, as the evidence suggests that the documents must be forgeries or bribed signatures.
There were court ordered inspections of the sites, to prove whether the truth was on the side of the complaints or the cleanups. Eight days before the first inspection, the 28 year old brother of the plaintiff’s Ecuadorian lawyer was murdered. At some point, with both sides asserting their positions, the judge called a stop to the inspections. Instead, he assigned an independent investigator to check all sites and complaints then offer an unbiased report of his findings. The investigator made it very clear that he would choose both where to look and how to look, without input from either party. It didn’t take long for the corporate lawyers to request the opportunity to suggest test sites. The inspector turned down this request and later produced a 4,000 page report with the recommendation of a $27 billion fine against the Texaco/Chevron corporation. The judge agreed. The company appealed to the US government to cease all trade with Ecuador until the case is dropped. The judge who issued the ruling is no longer involved with the case, which means that the next judge will need to read through an entire room (shown on the documentary) filled floor to ceiling, shelf by shelf, of documentation from both sides. It was anticipated, at the time of filming, that the case would drag on for another 8 years.
The Ecuadorian people are represented by a young attorney who took the case on in 1993, fresh out of school, pro-bono (unpaid). He hoped not only for resolution, but for the opportunity to build his reputation and increase his clientele. Against the backdrop of US corporate offices, the documentary shows this man’s office, one small room filled with papers and a twin bed. Fortunately, the story has reached a few sponsors who can assist with the various costs involved. Amazon Watch has become highly involved, as has musician Sting and his wife Trudy, founders of the Rainforest Foundation. On July 7, 2007, the case was featured in the Live Earth Day concert in England, broadcast world (and web) wide. Affected Ecuadorians have been brought to the US to plead their case in meetings of the Chevron/Texaco stockholders. In 2008, a collaboration of support groups and local people began installing systems to capture and hold rainwater for use by the villagers. It’s a start.
It would seem reasonable for Chevron/Texaco and Petroecuador to make the necessary corrections to current production, and work together with environmental companies and volunteers to clean up the area and restore stability & goodwill. Meanwhile, the documentary shows several instances when even their American attorney who is passionate about their cause is also insistent about the indigenous people managing the case and presenting their testimonies his way. As of 2011, Chevron/Texaco has been judged and fined at least twice, neither of which have been paid, and the company continues to file countermeasures. How crude.