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Peruvian Indigenous Federations et al. vs. Pluspetrol

Case overview

Date filed 11 March 2020
Current status Presentado
Issue Pluspetrol's oil contamination in Peruvian Amzon
Summary of the case On 11 March 2020, four indigenous federations FEDIQUEP, FECONACOR, OPIKAFPE and ACODECOSPAT from the Loreto region of the Peruvian Amazon filed a specific instance at the Dutch National Contact Point. They were supported by co-complainants Peru EQUIDAD, SOMO, Oxfam in Peru, and Oxfam Novib. The specific instance contends that Netherlands-based oil company Pluspetrol Resources Corporation B.V. (Pluspetrol) failed to conduct adequate due diligence to prevent adverse environmental and human rights impacts from its oil extraction operations in the Amazon rainforest and to remediate adverse impacts it caused and contributed to.

Pluspetrol purchased oil extraction operations, rights and liabilities in Peru’s Lot 1AB from another private company in 2000 and subsequently operated until 2015 using a range of harmful practices, including failing to replace corroded and leaking pipelines, dumping production waters (waste waters), allowing and failing adequately to clean up oil spills, and burning oil inappropriately. Complainants and the Peruvian government now hold Pluspetrol responsible for remediating approximately 2,000 contaminated sites, the vast majority of which Pluspetrol has refused to remediate. The contamination caused and contributed to by Pluspetrol is also likely linked to serious health impacts in the indigenous communities, including high cadmium and lead levels in blood. Complainants allege that Pluspetrol's actions have breached OECD Guidelines provisions on due diligence and remediation (Chapters II and IV) and community members' rights to food, water, land, and self-determination. The specific instance also contends that Pluspetrol has breached the OECD Guidelines provisions on taxation (Chapter XI) and has failed to disclose material information relevant to its operations, in breach of OECD Guidelines provisions on disclosure (Chapter III).

The complainants have attempted resolution with Peruvian administrative and judicial authorities to no avail. They now hope that involvement of the Dutch NCP will prompt Pluspetrol to commit to remediating the contaminated sites and improving its human rights, due diligence, and tax governance practices.
Developments/Outcome
Relevant OECD Guidelines
Case keywords Salud y seguridad, Industrias extractivas / Sector minero, Los derechos humanos, Fiscalidad, Medio Ambiente, Procedimientos judiciales paralelos, Sector forestal

NCP Information

NCP name National Contact Point Netherlands
NCP address The Hague, Netherlands
NCP website http://www.oesorichtlijnen.nl/
Other NCPs involved

Complainants

ONG

Company Information

Company responsible Pluspetrol
Company address
Company website http://www.pluspetrol.net/
Company in violation
Country of operations
Other companies involved

Timeline of developments

Date Actor Action Description Document
12 March 2020 FEDIQUEP Press coverage Article in Guardian newspaper download pdf (331Kb)  
11 March 2020 FEDIQUEP presentar Complaint filed to Dutch NCP download pdf (2907Kb)  
11 March 2020 FEDIQUEP Press coverage Second article in Trouw newspaper download pdf (288Kb)  
10 March 2020 FEDIQUEP Press coverage Article in Trouw newspaper download pdf (333Kb)  

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