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13 June 2012 | News | Resisting neoliberalism
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At the workshop called "Investments and Sovereignty in Uruguay and the Region", organized in Montevideo by REDES - Friends of the Earth Uruguay and the Program Uruguay Sustentable, former Foreign Affairs Vice-Minister of Ecuador, Kintto Lucas, talked about his experience in Ecuador in terms of investment protection treaties.
He said that Ecuador was able to denounce the inconveniencies of adhering to the ICSID and signing investment protection treaties, leaving behind "unfounded fears".
“Many people think that if we denounce we’ll lose all investments and doors will be closed. Some economic teams will try to impose these fears, but when appropriate measures are taken, this doesn’t happen”, said Lucas.
In Ecuador, as in other Latin American countries, many bilateral investment treaties were signed in the 90s to "protect" investments, but the struggle against the FTAA and the FTA with the US resulted in a resistance against investment promotion and protection treaties that have the same aims than trade agreements, according to the former diplomat.
He also said that back then a struggle against oil company Oxy began, similar to the current struggle by Argentina against Repsol, and there were warnings that this company could go to the ICSID. Oxy sold an oil well without authorization and because of that, amid great popular pressure, the State retook control through Petroecuador.
Lucas also said that in the framework of the discussion on the Constituent Assembly it was considered necessary to make clear that the State cannot give away its sovereignty by being forced to appear in international tribunals to settle lawsuits with the private sector.
Then, he made reference to the case of Brazil. He stated that Brazilian President, Dilma Rousseuf, said at the latest Mercosur meeting in Montevideo, that she won’t sign any bilateral investment protection agreement. "All of us should follow her path, even to demand joint investments", said Lucas.
In addition, he explained that Chevron Texaco, a company that caused serious environmental damage in the Ecuadorian Amazon, also resorted to an arbitration with Ecuador, arguing that this damage was caused by Petroecuador, and that’s why the company went to the ICSID.
He also warned that there is a group of lawyers that especially promote lawsuits filed by transnational corporations at the ICSID, something that the countries should “denounce together, for instance through Unasur”. Lucas concluded that there’s no need to be afraid when resisting since “marines won’t invade us”.
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