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III. Around the World
CHEVRON IN ANGOLA
EXHIBIT FOUR
22 Chevron Alternative 2008 Annual Report
center there, but these projects are very far from the real
problems, concerns, and needs of the communities. Chevron
prospers and enriches itself, while the local communities
get poorer and poorer, more and more miserable, more and
more vulnerable. The very little that Chevron does that is
not done unilaterally, without considering the opinions and
the priorities of the communities. They dont walk the talk,
considering what they preach themselves. There is neither
dialogue nor are there objective partnerships or common
goals between themselves and the communities. Cabinda does
not in any way reect the oil-producing giant that generates
scandalous amounts of money for the Angolan government as
well as Chevron itself.
Chevron says that it recently created a Social Responsibility
team to mitigate daily criticisms and to create an internal forum
to discuss issues related to social responsibility, environmental
problems, health, and safety. But, thus far, these efforts are
unproductive, and civil society monitoring capabilities are not
yet up to the task.
What the Communities Want
We nd that extractive industry practices in Cabinda only
stress and deepen poverty levels, for Chevron pollutes and
destroys the environment, accentuates social injustice, stops
development, and sows frustration. As such, local communities
and the Cabindan people demand more social, environmental,
and economic responsibility on Chevrons part and for
themselves. Environmental organizations such as Gremio ABC
specically demand that Chevron nally replace its old leaking
oil pipelines.
Mpalabanda-Cabinda Civic Association, illegally abolished
by the Cabinda Court of Justice as ordered by the Cabinda
Provincial Government (and mandated by the Presidency of
the Republic Military House), has always held that there was
excessive pressure over the oil exploration in Cabinda, which
prepared the ground for successive oil spills. It was absurd to
deplete all the Cabinda reserves today only to inherit serious
environmental problems tomorrow. Mpalabanda demanded the
development of an independent environmental impact study to
determine the marine resources contamination levels. It asked
the Angolan Government to regulate the basic environmental
laws and the capacity building of the local structures for a joint
monitoring of the oil exploration activities in Cabinda with
civil society.
Employees rights are simply violated, ignored, and denied;
there is discrimination in the workplace, particularly over
wages. The employees Trade Unions encounter a number
of difculties in exercising their role, as Chevron does not
allow it. Collective bargaining is not welcomed. Many times
employees are unfairly terminated, in total violation of their
rights. Furthermore, there is no distinction between human
rights and politics, so talking about human rights is considered
a provocation to the government. Standing up for your rights is
considered being ungrateful or lacking respect. Dialogue does
not exist, and when they talk about dialogue, it is to simply
communicate decisions already made or to seek pretexts to take
actions, because anything you say may be used against you.
Environment
The local communities do not derive any real benets
from activities undertaken in their geographical areas. The
communities quality of life and living standards continue to
deteriorate. The environment has been increasingly degraded.
The impact of the pollution has been trivialized by Chevron,
particularly with the successive oil spills in Cabinda. No
independent environmental impact study has been produced
to evaluate the present state of our beaches, the deteriorated
mangroves areas, the affected ecosystems in the sea, on the
earth, and the transfer to rivers.
In a rare government action in 2002, Chevron was
ned $2 million by Angolas Ministry of Fisheries and the
Environment for oil spills from its platform that polluted
beaches and damaged the local shing industry. A government
investigation found that leaks from poorly maintained pipes
used to transport crude oil from the platform were the cause of
the spills. With most oil spills, however, we nd that Chevron
will deny responsibility and accuse operators in neighbouring
countries. On the few occasions when Chevron has accepted
responsibility, we have found the number of barrels of oil
spilled was generally below 50 in order to avoid being penalized
under Angolan law. To indemnify the shermen, the main
victims, Chevron dictates the indemnication value without
proper serious and transparent negotiation.
What Chevron Says
Lately, Chevron has carried out some projects to benet
the communities. Chevron builds one school here, a medical
The solution? As a last resort, discontinue Chevrons oil exploration in Cabinda,
as it is the mother of our disgrace, bringing poverty, environmental problems, and
armed conict.
Agostinho Chicaia, Angola
Chevron AlLernaLive 2009 Annual ReporL 23
Chevrcn in AncIa
Kristin Peed, author, Crude Existence: Environment and The Politics oI Cil in Northern Angola and
Elias Mateus Isaac, Cpen 5ociety Initiative Ior 5outhern AIrica, Angola
!
!!!. Arcund the WcrId
Chevron is the biggest polluter of the
environment (seas, lakes, ora) in Cabinda ...
Chevron has given very limited attention and
provided minimal investment to protect and heal
the environment in Cabinda.
~Chevrcn cfhciaI in Cabinda, ApriI 2010.
CHLVRON lS 1HL LARCLS1 FORLlCN producer of
Angolan oil. In 2010, it will extract 580,000 barrels of oil per
day from offshore Blocks 0 and 14.
208
Producing 1.78 million
barrels per day, Angola briey eclipsed Nigeria as Sub-Saharan
Africas largest oil producer in August 2009.
209
Angola supplies
31% of its crude to the U.S. and Chevron plays a major role
in Angolan oil exports with a 39.2% interest in the Malongo
Terminal Oil Export project.
210
A Crude History
Chevrons wholly-owned subsidiary, Cabinda Gulf Oil Com-
pany, pioneered exploration activitie s before Angola achieved
independence from the Portuguese. Chevron boasts of con-
ducting Angolas rst seismic operations in 1954, drilling its
rst onshore well in 1958, and discovering its rst offshore oil
and gas elds in 1966 and 1971, respectively.
211
Yet all of these
activities occurred in Cabinda, a Portuguese protectorate dis-
tinct from the Angolan colony. Many Cabindans claim Angola
illegally annexed the oil-rich territory and they blame Chevron
for nancing the Angolan governments repressive hold on
Cabinda ever since.
Oil revenues largely nanced Angolas bloody internation-
alized civil war until 2002. Despite the ongoing war, Chevron
steadily increased offshore production. In 1997, Chevron
began developing Kuito, Angolas rst deepwater well. By 2009,
Chevron introduced one of the largest man-made structures
on earth designed for maximum daily production rates of
100,000 barrels per day in 2011.
212
Abusing Human Pights
Since Angolas annexation of Cabinda in 1975, Cabindans have
sought autonomy, some supporting militant movements for
independence. Today, some 30-40,000 Angolan troops are sta-
tioned in Cabinda, committing egregious human rights abuses
against the civilian population of 400,000, including forced
labor, rape, beatings, torture, summary executions and politi-
!
Elias Isaac and Albertina Delgado oI Cpen 5ociety traveled to Cabinda in
April 20!0 to conduct interviews oI Cabindan shers and Chevron oIcials.
All nonsourced quotes are derived Irom these interviews.
cal intimidation.
213
Journalist Lara Pawson reported that in
2008,Cabinda appears more militarized than parts of Angola I
visited during the height of the civil war.
214
Security forces arbitrarily detain Cabindans suspected of
involvement in armed opposition. Between September 2007
and March 2009, 38 such persons were subjected to torture
and cruel or inhumane treatment, deprived of due process
rights, and denied a fair trial.
215
Many detainees are human
rights and environmental campaigners. A recent wave of
suspects taken into custody in 2010 included human rights
lawyer Francisco Luemba, Catholic priest Ral Tati, and other
members of the banned Mpalabanda Civic Association, which
elucidated Chevrons role in undermining human rights in
Cabinda.
The Angolan government uses military force in Cabinda
to quash protest and secure resource-rich territory. Chevron
is indirectly linked to Cabindas militarization by supplying
billions of dollars in oil payments to a repressive and opaque
government. Improved transparency could help channel oil
monies to social services and poverty reduction, rather than
corrupt elites or repression.
Dangers to Environmental and Human Health
Chevrons oil exploration and production activitiesincluding
seismic tests, drilling, offshore disposal of drill cuttings and
produced water, fracturing and water ooding activities,
pipeline leaks, accidental oil spills, and use of chemicals such as
dispersantsdevastate human and environmental health.
216
Oil Spills
Oil spills are the most visible negative impact of Chev-
rons operations offshore. Chevron reports 182 accidental
spills between 1990 and 1998, releasing 5,984 barrels of oil
into Cabindas artisanal shing grounds.
217
According to one
sher, The uncontrolled oil spill also poses a big threat for the
survival of shing communities who constantly see their liveli-
hoods threatened with no work to do or means to adequately
and decently sustain their families.
Kwanza, Anqolan Currency
Chevron AlLernaLive 2009 Annual ReporL 24
Chevron delivers compensation in an uneven and
opaque manner, favoring wealthier registered shers over
informal day laborers and entirely disregarding the wider
affected population, including women sh traders.
218
A
sher recalled, In 2000, when Chevron destroyed a sh-
ing habitat and a lake near Landana, only 14 shermen
were compensated in a total population of about 2,500
people who directly and indirectly depended on shing.
Overlooked community members sought indemnication
in the courts. Yet, one claimant lamented, The amounts
are so little and insignicant compared to the losses that
the communities have suffered. There are still court cases
of some shermen against Chevron which have never
been resolved because a lot of people who have or are
being affected by the spills and pollution have been delib-
erately not considered.
When oil spills occur, Chevron often fails to alert
communities.
219
Worse yet, some say Chevron relies on
security forces to quell community demandsor uses
chemical dispersants to mask spills before shers can
make claims to compensation. As one sher recalled,
This year, after another big spill occurred, the local com-
munity tried to organize a demonstration against Chevrons
practices, but the security forces quickly prevented it. Chevron
has been a bit more careful of informing the local communi-
ties whenever an oil spill takes place and the cleaning of the
seas is promptly assumed. Unfortunately, the use of chemical
dispersants in cleaning operations may be more dangerous to
human and environmental health than oil alone.
220
The state of repression and underdevelopment in Cabinda
may benet Chevron by limiting liability and compensation
claims. An anonymous Chevron ofcial admitted, Chevron
is the biggest polluter of the environment (seas, lakes, ora)
in Cabinda and because there are no independent bodies or
civil society organizations capable and efcient to monitor [the
company], most of the spills go unreported and unheard of
with the exception of those detected by local shermen. Chev-
ron has given very limited attention and provided minimal
investment to protect and heal the environment in Cabinda.
One resident of a community near Chevrons operations
agreed, Though there is widespread discontentment in the
community, there have never been any public complaints
against Chevron [because] the majority of the population are
illiterate or have low education and do not know their rights.
Cabindas artisanal shers depend on the waters in Block 0 for
their sustenance and livelihoods, but few recognize the dangers
of oil production beyond oil spillslike eating sh that have
bioaccumulated high levels of methylmercury from exposure to
drilling wastes.
Flare Abatement: Finally
Chevrons commitment to reducing aring in Angola is most
welcome. Chevron holds a 36.4% ownership interest in
Angola Liqueed Natural Gas, a multi-billion joint venture
to produce 5.4 million metric tons of exportable LNG.
221
In-
creasing prices and rising demand for cleaner fuels in the U.S.
encouraged Chevron to seek a prot on associated gases rather
than burn them at the wellhead. Nevertheless, Chevron and
other oil companies operating in Angola continue to are most
of the gas. Of the 355 billion cubic feet of gas produced from
Angolan elds in 2008, 69% was ared or vented, 23% was
reinjected, and 8% went to domestic consumption.
222
Flaring
abatement and gas reinjection are long overdue for environ-
mental and human health.
Chevron 5ays
In 2004, the Angolan government allowed Chevron to publicly
disclose a $300 million payment for extension of the Block 0
concession. The transparent moment was short-lived; Angola
still refuses to sign the Extractive Industries Transparency Ini-
tiative (EITI). The challenge of EITI not only reects Angolas
intransigence but also reveals Chevrons lack of political will
to promote transparency and become more accountable to the
Angolan populace.
The challenges are great: communities neighboring Chev-
rons oil base at Malongo lack electricity and running water.
Some residents acknowledged, Chevron has some good social
assistance programs for the population and rattled off a few
projects. Others criticized Chevron for prioritizing social initia-
tives used as political propaganda by the government or ruling
party and refusing funding to civil society organizations.
Demands Ior Chevron
Chevrons contributions to development and minor attempts at
transparency do little to offset the direct harm the corporation
has inicted on human and environmental health in Cabinda
or the indirect damage to human rights and democracy in An-
gola. We implore Chevron to take the following actions:
Repair faulty, outdated infrastructure contributing to
environmental degradation; Cease all aring of associated gases
at the wellhead; Educate communities on environmental and
human health concerns associated with activities; Report all
risks to environmental and human health (e.g., spills) to com-
munities immediately; Distribute compensation to all affected
parties in a transparent and equitable manner; Support basic
human rights and the development of non-partisan civil society
in Angola; Publish all payments to the Angolan government;
Lobby for the U.S. Energy Security through Transparency Act
of 2009 (S. 1700); and Implement fair practices to promote
hiring of local personnel.
Pescadores da Laqoa de Massai, Cabinda
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AMNESTY INTERNATIONAL
Public Statement
AI Index: AFR 12/006/2006 (Public)
News Service No: 203
4 August 2006
Angola: Human rights organization banned
Amnesty International is gravely concerned about the ban of Mpalabanda (Associao Cvica de Cabinda),
a human rights organization operating in Cabinda, Angola.
In a case instituted by the Angolan government against Mpalabanda, the Provincial Court of Cabinda
ruled on Thursday 20 July that Mpalabanda should be banned. Mpalabanda is appealing against the
decision, which was apparently based on the Law of Associations of May 1991 (Lei das Assosiaes de
Maio de 1991).
Mpalabanda is the only human rights organization operating in the province of Cabinda. Amnesty
International considers its members to be human rights defenders. The organization has been involved in
the documentation of human rights violations committed by both the government and members of the
Front for the Liberation of the Cabindan Enclave (FLEC). Its closure will leave Cabinda, an area rife with
egregious violations of human rights, without a human rights organisation to monitor and record violations
of human rights.
Amnesty International is particularly concerned about the effect of the court ruling on Mpalabanda's and
human rights defenders' freedoms of association and expression, and consequently, their ability to carry
out human rights monitoring and evaluation. These freedoms are contained in the Constitution of Angola,
the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political
Rights, to which Angola is a party. Under international human rights law, no restrictions may be placed on
the exercise of the right to freedom of association, other than those prescribed by law and strictly
necessary in the interest of national security, public safety, public order, public health and morals or the
protection of the rights and freedom of others.
While Amnesty International recognises the government's right to restrict the operations of organizations
in the circumstances mentioned above, the organization urges it to ensure that this is done only when
strictly necessary and in accordance with the Angolan national and international law.
Amnesty International calls upon the government to respect and protect the enjoyment of the right to
freedom of association and expression.
In addition the organization urges the government to fulfil the principles contained in the Declaration on
the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms. This Declaration recognizes the right of all, individually and in association with others, to
promote and strive for the protection and realization of human rights and fundamental freedoms at the
national and international level.
EXHIBIT FIVE
Background
Mpalabanda was created in July 2003 in terms of the Law of Associations of May 1991 (Lei das
Assosiaes de Maio de 1991) and was officially registered in December 2003. In March 2004 the
organization was allowed to hold its first meeting after two consecutive refusals by the provincial
government to allow a meeting to take place. Since then it has been refused permission on several
occasions to hold meetings and marches to commemorate Cabinda Day.
In 2004 FLEC, the Catholic Church, and Mpalabanda set up the Cabinda Forum for Dialogue (Forum
Cabindese para o Dialogo, FDC) to enter into dialogue with the government for peace in Cabinda.
According to reports, on Monday 19 June 2006, Agostinho Chicaia the president of Mpalabanda was
summoned to court (tribunal da comarca de Cabinda) where he was issued with a copy of a government
application to ban Mpalabanda. The application alleged that Mpalabanda incited violence and hatred. It
also accused Mpalabanda of carrying out political activities rather than being a civil society organization.
The organization was given ten days to submit a responding affidavit, which it submitted within the given
time.
On Thursday 20 July the Court decided to ban the organization. Mpalabanda was informed of this
decision on Monday 24 July.
There is no mention in the judgement that Mpalabanda promoted violence and hatred. Nor were any of
the cited witnesses called to give evidence to this effect.