Showing posts with label extractive industry. Show all posts
Showing posts with label extractive industry. Show all posts

Monday, May 11, 2026

In row with Zambia, NGO abruptly cancels world human rights conference, points to Chinese interference

A gateway near Lusaka's Kenneth Kaunda International Airport
marks Zambia independence from Britain in 1964.

RJ Peltz-Steele CC BY-NC-SA 4.0
Blaming interference by the Chinese and Zambian governments, global digital rights organization Access Now canceled the 2026 meeting of RightsCon, one of the largest human rights conferences in the world, on April 29, just days before thousands of delegates were to converge on host city Lusaka, Zambia.

I was already in southern Africa for RightsCon when the announcement came. I thought it prudent not to write about the cancellation until I left Zambia. I am home in the United States now.

Those of us in Lusaka naturally were in contact with one another. We agreed that our exchanges of information would be subject to the Chatham House Rule, and furthermore, that we would be non-specific about the nature—time, place, medium, scope—of our communications. Accordingly, there is information in this account that is not attributed but comes from reliable sources.

RightsCon returns to Africa 

RightsCon has been a gathering place for international leaders, thinkers, and organizations to discuss digital rights policy, including internet censorship, electronic surveillance, and technology ethics, almost every year since the first conference convened in Silicon Valley in 2011. Also founded in California, in 2009, global nonprofit Access Now takes the lead in organizing RightsCon, with tech companies and allied civil society organizations around the world contributing expertise and resources.

I was in Tunis, Tunisia, for the first RightsCon meeting in Africa, in 2019; I wrote about it here at The Savory Tort. The 2026 meeting in Lusaka, the capital of Zambia, was to mark the first meeting of RightsCon in sub-Saharan Africa. Access Now anticipated 2,600 in-person participants in Lusaka, besides 1,100 more online, representing 150 countries and 750 organizations in more than 500 sessions.

Generally, large, world conferences of any kind are exceedingly difficult to locate in sub-Saharan Africa, outside of South Africa, if only because of infrastructure limitations—airline routes, meeting space, accommodations, food preparation, security. The challenge is often cited as a chicken-or-egg factor in stalled African development, as the lucrative likes of business and medical conferences pass on the region even when they have development on the agenda.

Add to the mix the human rights focus of RightsCon, and its 2026 location amid the fragile democracies, such as Zambia's, in central Africa, and the conference was set to be an especial boon to the region. RightsCon Zambia was conceived to be a game changer, to show what could be done.

The RightsCon ethos condemns rights-oppressive digital manipulation such as internet shutdowns, which are an authoritarian go-to in regimes across sub-Saharan African (e.g., The Guardian). RightsCon also prizes equity in online participation, thus embracing expression by and about women and minority groups, including the LGBTQ community. That's sensitive subject matter in a region in which child marriage, female genital mutilation, and criminalization of same-sex relations are live, hot-button issues.

Access Now was keenly aware of all of these challenges and worked hard to coordinate RightsCon in constant collaboration with Zambian officials, since a first meeting in 2024. More than a few rights activists were critical of Access Now, preferring to eschew sub-Saharan Africa on the theory that the economic advantages and favorable press of a global human rights conference should be withheld from the region.

I rather agree with Access Now that the social and economic opportunity of an event such as RightsCon should be positioned to counterbalance anti-democratic incentives. After all, civil society organizations that advocate for human rights and the protection of women and minority persons continue working in these countries, placing themselves at grave risk, regardless of whether activists from abroad turn up in solidarity. So better to turn up.

RightsCon 2026 goes south

Access Now described what happened in late April in a detailed May 1 statement. According to the statement: "On April 27, one day after a government press release endorsed RightsCon, we received a phone call from MoTS [Zambian Ministry of Technology and Science] about an urgent issue and were told that diplomats from the People’s Republic of China (PRC) were putting pressure on the Government of Zambia because Taiwanese civil society participants were planning to join us in person."

RightsCon 2025 was held in Taipei, Taiwan. I was there and wrote about the conference here at The Savory Tort last year. The programs I highlighted at that RightsCon covered topics such as Chinese surveillance technology, opportunistic Chinese technology investment in Africa, and the vulnerability to malicious actors of undersea information infrastructure in the Pacific.

I was surprised then that such conversations could happen with impunity in Taiwan, just offshore from watchful mainland China. Now, it seems, they could not, not without consequences.

It wasn't Access Now that first called off RightsCon Zambia. After the MoTS phone call, Access Now sought to open dialog with Zambian officials and Taiwanese delegates. Then, on April 28, Access Now was blindsided by a government announcement that RightsCon was "postponed"—a logistical impossibility. Access Now also "received reports of immigration officers telling participants as they arrived that RightsCon had been cancelled."

In Zambian news outlets, Technology and Science Minister Felix Mutati said that "additional time is required to ensure all preparatory arrangements fully align with national procedures, diplomatic protocols, and the broader objective of promoting a balanced and consensus-driven platform."

The "postponement" was restated in an April 29 press statement by the Zambian Ministry of Information and Media. Information and Media Secretary Thabo Kawana wrote: "The postponement was necessitated by the need for comprehensive disclosure of critical information relating to thematic issues proposed for discussion during the Summit. Such disclosure is essential to ensure full alignment with Zambia's national values, policy priorities, and broader public interest considerations."

Access Now learned through informal channels, it wrote in its statement, that "for RightsCon to continue, we would have to moderate specific topics and exclude communities at risk, including our Taiwanese participants, from in-person and online participation."

To do so would have been antithetical to Access Now and RightsCon's very mission. So Access Now itself then canceled RightsCon and urged delegates to abort travel to Zambia.

China pulls strings

When I first read the information ministry release and its reference to "Zambia's national values," I did not yet know about the role of China behind the scenes. I rather suspected that Zambia was turned off by the friendliness of the RightsCon agenda to expressive freedom for women and the LGBTQ community. No doubt my perspective is colored by my own past research on civil rights in East Africa (presented at a Law and Society conference at the University of Cape Town in 2016). 

I wasn't entirely wrong, though. Zambian discontent with other aspects of RightsCon programming meant that officials did not have to have their arms twisted too hard to nix the conference.

Nearly a quarter of girls in Zambia marry before they turn 18, though, it must be acknowledged, that percentage has fallen more than 15 points in recent years thanks to government efforts. Gay sex is illegal in Zambia and punishable by imprisonment. The LGBTQ community is persecuted by blackmail and criminal prosecution (more at Amnesty International). Needless to say, these matters are not mentioned on Zambia's tourism website.

Another source of contention, which I had not recognized, is labor rights, especially in extraction. Weak regulation and abundant unlicensed operations leave quarry and mine workers, sometimes including child laborers, plagued with accidents, yielding some hundred injuries and fatalities annually, besides social and environmental damage. Every year brings a new horror story—a landslide at an open-pit copper mine in 2023 (AP), a quarry collapse in 2024 (Africa News), a pit collapse in 2025 (IJHub).

Chinese interests moreover are implicated in mining hazards. In 2025, a dam collapse at a Chinese-state-owned mine in the Zambia Copperbelt wrought environmental catastrophe. Fifty million liters of toxic waste poured into rivers that supply more than half of Zambians with water. Mass die-offs of fish and birds were immediate, and Kitwe, a city of 800,000, had to shut off its water supply.

Lawsuits have been brought against mine owner Sino-Metals Leach Zambia, and the long-term environmental impact in the Kafue River Basin is still being assessed. The Kafue River flows south from the Copperbelt through ecologically critical and touristically important Kafue National Park. Sino-Metals promised to compensate victims, but is implicated in covering up the scope of the disaster.

A campaign-season banner in Lusaka touts incumbent achievements.
RJ Peltz-Steele CC BY-NC-SA 4.0
Access Now in its explanation of the RightsCon cancellation fairly chose to emphasize Chinese interference as dispositive, and to gloss over other issues. Rights advocates were concerned, especially after the information minister's reference to "values," that authorities would aim to distract from their subservience to China by scapegoating the LGBTQ community. Such a move is known in the government playbook, as when previous crackdowns on political dissent were willfully mischaracterized as protecting traditional Zambian society from western liberal deviance.

Election season is under way in Zambia with the presidency and legislature in play. Voters go to the polls in August. The cancellation of a conference as large as RightsCon is wreaking adverse economic impact in Lusaka and across the country, in tourism and support-service sectors, not to mention leaving Zambia with an embarrassing black eye among nations. The incumbent president could lose his narrow lead in the polls were the public to come to understand as well that China, author of the Kafue disaster, was pulling Zambia's puppet strings.

Whither America?

When I learned of the RightsCon cancellation, I was not in Zambia, but in neighboring Malawi. Oddly enough, I went to Malawi before RightsCon to have a look at the substantial impact of Chinese infrastructure investment in that country.

I have written here at The Savory Tort before about the dangers to global security of strategic Chinese investment in the developing world, for example, two years before RightsCon Taiwan, in places such as Maldives. I hope to write about what I saw in Malawi later, my experience there being overshadowed now by the RightsCon story. 

Meanwhile, the coincidences piled up when, on April 30, a different story from Zambia broke in international news. Unexpectedly that day, outgoing U.S. Ambassador to Zambia Michael C. Gonzales delivered a farewell speech that sparked a conflagration of domestic debate and intensified discord with Washington. The Lusaka Times described what happened:

What was expected to be a routine diplomatic send-off quickly became a national political flashpoint after Gonzales questioned the credibility of anti-corruption efforts, raised concerns about institutional accountability and warned about governance weaknesses that continue to undermine investor confidence. His remarks landed at a time when political temperatures were already rising and economic frustrations remained deeply embedded among voters confronting high living costs and employment pressures. 

Gonzales was a Biden appointee, but he signed on to the new agenda when Trump went back to Washington. After the radical rollback of U.S. foreign development aid, in statements in 2025 and earlier this year, Gonzales expressed regretful support for the suspension of aid to Zambia for purported reason of the country's inability to corral corruption.

As The New York Times described the situation late last week, Gonzales's remarks came at a critical juncture in negotiation between the United States and Zambia over what "America First" economic relationship will replace the dismantled USAID model. Like China, the United States is eyeing Zambian mineral reserves and, observers allege, seeks to strike a deal on favorable terms of access in exchange for at least a billion dollars in health aid. 

Gonzales denied that mineral access is a bargaining chip in U.S.-Zambia aid negotiations. But a draft State Department memo leaked to The New York Times suggested otherwise. The Times reported plainly in March, "The State Department is considering withholding lifesaving assistance to people with H.I.V. in Zambia as a negotiating tactic to force the government of the southern African country to sign a deal giving the United States more access to its critical minerals."

The U.S. has renegotiated health aid with 20 other African countries, the Times reported, usually upon receiving the nation's commitment to shoulder more of the burden itself on healthcare. Ghana and Zimbabwe walked away from renegotiation. Nations have balked at U.S. demands that they share healthcare data and biological samples, sometimes for longer than the aid term, and without converse guarantees of access to research findings. These issues are at play in U.S.-Zambia negotiations.

Yet the renegotiation with Zambia seems specially to incorporate mineral access, too, according to Times reporting on the leaked draft memo: "[T]he United States is trying to use the deal it is negotiating with Zambia to address a longtime source of frustration: what is sees as China's unfettered access to the country's mineral wealth. Zambia is one of the world's major copper producers, and also has huge reserves of minerals like lithium and cobalt, all of which are key in the green energy transition."

According to Times reporting, some 1.3 million Zambians rely on daily U.S.-funded antiretroviral therapies, besides the country's dependence on U.S. aid to hold tuberculosis and malaria at bay. The United States is threatening cuts on a "massive scale," according to the leaked memo. A Zambian official condemned the equation of mineral access with lifesaving aid, the Times reported—though I saw no public recognition of Zambia's parallel arrangements with China.

On the street in Lusaka, I heard mixed feelings about the U.S.-Zambia row. I expected to hear disappointment and frustration at the termination of USAID and the threatened loss of health aid. But the outrage I heard was directed at Zambians' own government.

Many people I talked to framed their assessments with the experience of family members who depend on aid to live with HIV. Even what would seem a modest cost to a U.S. taxpayer for prescription drugs, mere dollars a day, would put treatment beyond reach for many in Zambia, where median income is about $4 per day.

Though U.S. threats to stop HIV assistance pointed to a deadline in May, Zambians told me that the drugs already are becoming scarce. It's possible that healthcare providers and corrupt officials are hoarding supply.

And therein lies the source of Zambians' frustration. People I talked to agreed with Gonzales and echoed U.S. allegations that aid is improperly diverted by corruption. Characteristically, one man expressed his support for President Trump, saying he liked that Trump "is his own man." Zambians seemed willing to go along with at least economic aid cuts if it would mean an end to corruption and more assistance hitting the ground in the long run.

In retrospect, it makes sense that anti-establishment Trump rhetoric would resonate with African constituents accustomed to self-reliance amid weak public institutions and politicians who promise much and deliver little. Still, I'm not sure an all-access pass for American corporations to Zambian natural resources is going to leave Zambians any better off than they are under the Chinese yoke. 

Zambians I spoke to had little more regard for China. They regarded Chinese investment as having proved self-serving of both Chinese laborers and investors, and having added little to Zambians' economic prosperity. That's pretty much the story on Chinese investment as I've found it elsewhere on the continent. I wonder whether Zambians will be surprised to find that that's now the American strategy, too.

A baobab tree says good night at South Luangwa National Park.
RJ Peltz-Steele CC BY-NC-SA 4.0
Sub-Saharan Africa navigates new world

Persons working on rights issues in and about Africa agreed that the cancellation of RightsCon under these circumstances is a devastating blow to democracy in Africa and the developing world. Conference organizers boldly endeavored to show that it could be done, that sub-Saharan Africa has the maturity and sophistication to take its seat at the table and to join the global dialog on human rights in the technological age. Now the takeaway is confirmation for the naysayers: reinforcement of the dangerous trope that Africa is a backwater, inexplicably mired in underdevelopment. It will be a generation, one activist lamented, "before anyone tries this again."

I worry even more about the confirmation of the Chinese foreign policy model. The cancellation of RightsCon at the behest of Chinese political demands, while Zambian natural resources are plundered and human capital exploited—soon by America also?—seems to confirm our global retreat from "the end of history" in western liberalism, and, in its place, a terrifying, seemingly inevitable human tendency to cling to the primacy of might.

Monday, April 28, 2025

Kuwait ponders a future after fossil fuels

Kuwait City skyline

Kuwait is an oil country, and Kuwait City glows with prosperity. Kuwaitis know, though, that they can't ride the oil train forever.

Earlier this month, I took part in a program of the Kuwait Bar Association (KBA) and International Association of Lawyers (UIA) in Kuwait on the mediation of energy disputes. (All photos RJ Peltz-Steele CC BY-NC-SA 4.0.)

Kuwait Bar Association (Society of Lawyers)

The program addressed both state and corporate actors, which often in the Middle East are functionally the same, as political royals are only formally differentiated from their investments. Iraq invaded Kuwait in 1990 largely in response to long-running disputes over access to oil reserves under the countries' desert border. So it's understandable that Kuwait, powered by a 70-year-old, $1tn sovereign wealth fund born almost entirely of oil revenue, is an eager evangelist for non-violent dispute resolution in extractive industries.

Kuwait Towers
I spent some additional time in Kuwait, besides the KBA-UIA program, to see the sights of Kuwait City. The first place I went was the iconic Kuwait Towers. Dating to 1979, the towers were designed to be monumental more than functional, architecturally distinct among Kuwait's historical water towers, a remaining few clusters of which dot the urban landscape. Repaired since they were trashed in the Iraq invasion, and refurbished in the 2010s, the Kuwait Towers are a patriotic reminder of a Kuwait that long imported fresh water for its survival, before oil wealth paid for expensive but effective desalinization. 

Dhow model at Marine Museum
On display at the Al Hashemi Marine Museum and the Maritime Museum are Kuwaiti dhows dating to the 19th century. Some were used for pearling, the dangerous prospect but potential big score of a once seafaring economy. Many of the dhows are specially fitted with large water tanks running along the keel.

Thus imported, water historically was famously expensive in Kuwait. There's still a popular maxim that water, the truly scarce resource of the desert, is more expensive than oil. Water still is expensive, or should be, because desalinization is expensive and largely fossil fueled. 

Other legacy water towers
Government subsidies, however, obscure the cost of water. A combined utility bill in Kuwait, including water, electricity, sewer, garbage, etc., might run US$40 or $50 a month, single family—a lot for some locals, especially ex-pat laborers. But even correcting to U.S. cost of living with a 250% multiplier, utilities including water are far cheaper than in the States. Environmentalists fret over the conceit that water is inexpensive. I thought that my hotels would caution about water consumption, as is common in desert countries, not to mention American desert states, but they did not.

In keeping with the maxim, petrol is cheap. I was worried when Europcar warned me that gas stations accept only cash—until I worked out the prices. I filled up my SUV rental's 13-gallon (about 50L) tank for less than US$10.

Evening recreation at Dasman Beach
There's much to see in Kuwait City, in terms of museums and historical sites. What struck me, though, is the prevalence of western influence and a near indifference to foreign tourism. Attractions are aimed at locals. Kuwait excels at affording its people diversions of all kinds, including the educational and recreational: museums, beaches, playing fields. But the focus is decidedly domestic, bringing the world to Kuwaitis, not the other way around.

Texas Roadhouse Beneid Al Gar, one of three Kuwait City locations
Limited opening hours and a ramshackle bus system make many attractions difficult to access for visitors. Ride-share app Careem works well, though drivers speak little English. Some places' websites are in Arabic only. Besides foods, souvenirs are sorely limited: the norm is an assortment of refrigerator magnets and ball caps with cheap, afterthought patches. Walking south from Kuwait Towers on the city's corniche, the extent of Kuwait's Americanization in particular is on full display. Behind the beaches, the chain restaurants line up: TGI Friday's, the Cheesecake Factory, Texas Roadhouse.

One tentacle of sprawling Souq Al-Mubarakiya
Besides the beach, a favorite evening destination for locals is one of the city's many shopping malls, from the central 1,250-square-foot Assima Mall, with its gourmet Monoprix grocery, to the sprawling 334-acre (1.35m-square-meter) Avenues, with more than 1,100 retailers. Notwithstanding the scale and upscale nature of these operations, they are loaded with the sort of western retailers found on main street anywhere. There's plenty to buy, eat, and drink—besides alcohol; Kuwait is a dry country—but very little that is specially Arabian. A more touristically gratifying destination is the city's Mubarakiya Souq, though its modernized storefronts also cater mostly to local needs. The people-watching is better than the shopping.

Camels, highwayside
To see more than just the city, and also to get a closer look at both rural life and Kuwaiti infrastructure, I drove out both to the Iraq border in the north and to the Saudi border in the south. The highway network is impressive, if a work in progress, strong on asphalt, weak on road marking. Polished bridges here and there are designed for the exclusive use of crossing camels.

In both the north and the south, the desert is dotted with green patches of farms, fed, remarkably, by well water. Visiting these farms for markets of fresh produce, petting zoos, and other children's amusements is a seasonal family pastime.

Starbucks Wafra
Near the Saudi border, the town of Wafra is the center of an equine economy. Riding centers, breeding operations, and a market for export speak to the enduring importance of horses in Arabia. On Wafra's dusty outskirts, I was surprised to find a cluster of modern buildings, including a multistory veterinary center and, no kidding, the farthest flung Starbucks I've ever seen. A sign at Starbucks cautioned that horses are not permitted in the drive-thru.

Electric towers in the desert
Strung across the desert landscape is a mind-boggling network of electric towers, stretching lines into the distance from any vantage point. Kuwait imports electricity from Gulf partners such as Qatar and Oman, and even then struggles to meet demand in sweltering summers (e.g., N.Y. Times). Meeting electrical needs is simultaneously an incentive and an obstacle to Kuwait energy transition away from fossil-fuel dependence.

Change through energy transition and emission reduction was a recurring theme at the mediation program, besides the benefits and skills of mediation itself. I did not expect to hear, and am not accustomed to hearing, harsh criticism of fossil-fuel dependence in the Middle East. Yet in a session titled "The Climate Crisis and the Transition Imperative," speakers were adamant opponents of the status quo.

Panelists: Yousef Al-Abdullah; Elena Athwal, Qatar,
founder and CEO of consulting firm Icelis Global; and Sara Akbar
Moderator Sara Akbar, a chemical petroleum engineer, current CEO of Oilserv Kuwait, and a renowned figure in the modern history of Kuwaiti oil development, condemned the "New World Disorder" of Trumpian climate-change denial and on-again-off-again Paris participation. She argued passionately that the global costs of unchecked climate change, including devastated coastal cities and lost lives, will vastly outpace the costs of energy transition to renewables. According to Akbar, even the Kuwait oil industry understands that the era of fossil-fuel dominance in the Kuwait economy must end.

Akbar cited an interesting and alarming local statistic: Kuwait has long monitored the maximum temperature of the Persian Gulf at the sea floor, which reliably marked 95 or 96 degrees Fahrenheit. Now, she said, it routinely exceeds 100 degrees, evidencing the evaporation that is fueling catastrophic rainstorms from Dubai to Bangladesh.

Yousef Al-Abdullah, research scientist at the Kuwait Institute for Scientific Research, discussed the energy transition and emission reduction commitments of Gulf states. In contrast with the U.S. re-withdrawal from the Paris Agreement and Trump Administration promise to double-down on drilling, Gulf states have articulated ambitious aims.

A leader in goal-setting is the United Arab Emirates (UAE). The UAE aims for 47% reduction in greenhouse gas (GHG) emissions by 2030. In energy transition, the UAE aims for 15% renewables in its energy mix; has adopted a net-zero target, green hydrogen strategy, independent energy regulator, and national climate law; plans a massive expansion of solar capacity; and is investing more than $14 billion in transition this fiscal year.

Persian Gulf coastline from Kuwait Towers
Kuwait looks weak on the same benchmarks. But that's not the whole story, Al-Abdullah said. Kuwait believes that some neighbors have announced goals they can't realistically meet, such as the Saudi aim to cut 278m tons of annual GHG emissions by 2030, and Kuwait wants to be realistic. Notwithstanding articulated commitments on the international stage, Kuwait has announced targets domestically, Al-Abdullah said, such as net-zero in the oil sector by 2050, and in other sectors by 2060.

Oil production is down over 10 years, Al-Abdullah said, and that's problematic for environmental strategy. The economy remains dependent on fossil fuels, to the tune of 90% of revenues, and a strong economy is needed to transition away from fossil fuels. Production is down for many reasons, including OPEC restrictions; increased competition from other sources, such as Uruguay, Paraguay, Guyana, Mauritania, and Uganda; and rising production costs.

Here my observation on Kuwait's underdeveloped tourism economy is salient, at least in small part. Because Al-Abdullah said that key to Kuwait's future is diversification of the economy, reducing the dominant position of fossil fuels, especially relative to a newly developed service sector. 

In domestic policy, a national plan called "Kuwait Vision 2035" contemplates an economy centered on logistics, leveraging Kuwait's world-crossroads location by, for example, expanding airport and seaport capacity. Vision 2035 imagines a Kuwait that is more livable for residents and hospitable to visitors, expanding highways and building a rail and metro system.

Besides infrastructure, transformation of Kuwait's workforce is required, too. Kuwait suffers an affliction known to other oil-rich states, which is a comfortable, but under-skilled national workforce. Kuwait's education system must rise to meet the challenge of preparing Kuwaitis to participate in the new economy, while the social and economic fabric must expand the job market and incentivize people to enter it.

Like other Middle Eastern states, Kuwait has a worrisome dependence on foreign workers. Ex-pats, whom I mentioned above, constitute some 70% of the resident population and have no pathway to citizenship. Blue-collar workers hale especially from the Asian subcontinent and Pacific rim. Qatar's plight in this regard was highlighted and made controversial by the location of the 2022 FIFA World Cup there; whether reforms were meaningful or sufficient is debatable.

The existing service economy, including legal, financial, and engineering services, depends heavily on ex-pat white-collar workers, too, who make up a fair chunk of that 70%. At the KBA-UIA program, I met lawyers from other Arabic-speaking countries who have worked for years, even decades, in Kuwait. They are generously permitted to practice, more than an out-of-jurisdiction lawyer may in the States, on matters related to their home jurisdictions. But there's no pathway to bar admission, such as might expose the domestic market to competition.

Legal and regulatory reforms will have to complement the development of a service sector and trade center, Al-Abdullah said. I don't think Kuwaitis alone will be able to make that change. Rather, Kuwait will have to open itself up with a more robust immigration framework, affording ex-pats the likes of property and other rights, if not naturalization, to foster a justified sense of ownership in the new economy.

KOC Oil and Gas Exhibition Hall
Apropos of energy transition, one of the most interesting tourist attractions in Kuwait is the Kuwait Oil Company (KOC) Oil and Gas Exhibition. The exhibition—reservations required for guided tours only—offers an artfully constructed tour of the history of Kuwait, from its desert and seafaring cultural history, to British protectorate and the discovery of oil, rise to global energy power, and Iraq invasion, destruction, and recovery.

Exhibit dramatizing Kuwait oil extraction: every second, every day

The exhibition is decidedly a paean to oil. But it is not wholly environmentally tone-deaf. One dramatic exhibit shows, with a massive gush of black liquid, the astonishing amount of oil that Kuwait pumps from the earth every second of every day, averaged out. The exhibits don't say it plainly, but there is an undeniable implication that this business model is not indefinitely sustainable.

The next chapter of Kuwait energy policy is ready to be written.

Tchotchkes for sale at the KOC Oil and Gas Exhibition gift shop
Kuwait sign on the corniche

Friday, December 24, 2021

Indigenous people battle extractive industries, government in Constitutional Court of Ecuador

Kichwa representatives appear before the Inter-American Commission on
Human Rights (CIDH) in 2015. (CIDH photo CC BY 2.0.)
A case inching forward in Ecuador's constitutional court pits indigenous people against extractive industries and the government over the fate of the country's vast eastern jungles.

Among the many issues on which President Joe Biden and West Virginia Senator Joe Manchin disagree is the Keystone XL Pipeline Project.

The President blocked Keystone first thing in January 2021. Environmentalists and indigenous peoples' advocates long ardently opposed the project, though as fuel prices rose in recent months, Senator Manchin was among those renewing criticism of the termination.

Meanwhile, an environmental battle implicating extraction and with arguably more precious real estate in contention is playing out in the Constitutional Court of Ecuador.  In mid-November, the court heard the first in a series of oral arguments over a bid by the Kichwa indigenous people in the eastern Sarayaku region to reclaim control of the jungle and repel extractive industries working at the behest of the government.

There are many facets to the Kichwa's struggle.  The government has for decades promoted drilling, mining, and logging in eastern Ecuador, denigrating environment and inflicting injury with the introduction of explosives and toxic run-offs.   Emily Laber-Warren wrote a concise history for Sapiens in April.  The Kichwan spiritual angle is the focus of a short but more recent piece in Ñan. Indigenous people have won cases in the Inter-American Court of Human Rights, as long ago as 2012, and in the the Ecuadorean courts, but not always to any avail with the government.

A compelling aspect of the present dispute in the Ecuadorean courts is that the issues overlap with the environmental disaster left behind at Lago Agrio by Big Oil actor Texaco, later Chevron, memorialized in the 2015 book by Paul Barrett, Law of the Jungle.  The Chevron-Ecuador saga and the related prosecution, critics say persecution, of American attorney Steven Donziger continue to make headlinesI'm still waiting for the Hollywood retellings.

Lago Agrio is 217 km north of Sarayaku; that distance says something about the scope of the slowly unfolding tragedy.  I've assigned Law of the Jungle yet again for my spring 2022 Comparative Law class.  I keep waiting for the story to take some major turn, ideally an environmentally sound one, that renders the Barrett book intolerably outdated.  Yet most of what Barrett wrote about the long jeopardy of eastern Ecuador, and the failure of rule of law within the country to respond, remains true today.

I've not been able to find a dispassionate assessment of the November hearings, but plaintiff-friendly Amazon Frontline (AF) covered the day's events.  As AF observed, the hearing followed just days after the Glasgow climate change agreement was concluded.

Implicated collaterally in the case is the emerging legal theory, "rights of nature."  My friend and colleague Dr. Piotr Szwedo, lead editor of Law and Development and a member of the law faculty at Jagiellonian University in Poland, visited Ecuador this year and is conducting ongoing research into the legal implications of the rights of nature.