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The Spanish-Argentine multinational corporation Repsol YPF SA does not respond to a notarized letter sent to its Board of Directors in Madrid
TO THE NATIONAL AND INTERNATIONAL PUBLIC OPINION
The Guaraní people of Itika Guasu, affected since 1997 by petroleum operations - first by the Chevron Corporation, later by the Maxus Energy Corporation, and currently by Repsol YPF S.A. -, and compelled by the performance on the part of REPSOL YPF S.A., which under our criteria is susceptible to be interpreted as bad-faith performance, would like to make known the following:
REPSOL YPF S.A. does not respect national and international law because it operates in our Itika Guasu territory without considering its compliance with indigenous rights in spite of their being recognized by national law and international agreements.
REPSOL YPF S.A. is responsible for the consequences produced by its actions which, as a result of its ignorance of our rights, has allowed the company's exploration, exploitation, and transportation of gas activities to inflict damages on our environment, our culture, and our already weak economy.
REPSOL YPF S.A. denies having committed any damages even though the company proposed in an agreement already rejected by the APG Itika Guasu the renunciation of our right to demand fair compensation and indemnization for any damages, rights recognized by the ILO Convention 169, the UN Declaration on the Rights of Indigenous Peoples and by international law applicable in these cases.
REPSOL YPF S.A. does not have the will to respect indigenous rights. Since 2003, we have urged the company to act within the boundaries of the law and conduct its operations in our territory within the principles of Corporate Social Responsibility that the company imposes upon itself, as well as the principles of respect for the environment and the recognition of the Universal Declaration of Human Rights and applicable international law. Up until this date however, the company only seeks publicity via acts of strategic assistance instead of following the principles of Social Responsibility. The company does not respect indigenous rights. Moreover, the company uses its community relations liaisons to try to divide us.
REPSOL YPF S.A. does not demonstrate good faith. As evidence of this, we have been waiting since October 29, 2007 for Don Luis Suarez de Lezo Mantilla, the General Counsel ED Legal Affairs and Secretary of the Board, Member of the Delegate Committee, and Executive Director of REPSOL YPF S.A., to respond to the questions of the notarized letter that we presented in Madrid on that date. In said letter, we demanded to know:
1. The name and contact information of the Repsol YPF S.A. representative with sufficient authority in the Republic of Bolivia.
2. The name of the person in the legal and functional structure of Repsol YPF S.A. with sufficient legal authority to manage the corporate investments in the Republic of Bolivia.
3. The name and contact information of the person with sufficient authority over the legal representation (Legal Affairs) of Repsol YPF S.A. regarding corporate investments in the Republic of Bolivia. This individual may be a member of the functional corporate structure of REPSOL YPF S.A. or a member of a law firm legally representing Repsol YPF S.A. regarding the questions related to corporate investments in the Republic of Bolivia.
Three months have already passed without a response from the company. Their silence demonstrates that their actions in relation to the APG Itika Guasu do not correspond with negotiation standards between parties that must be based upon good faith.
Up to now, the attitude demonstrated by the failed negotiations puts in doubt that this is the initial position of Repsol YPF S.A. and/or their presumed legal representatives.
As an indigenous community, we are protected by the Universal Charter of Human Rights, the ILO Convention 169, and the Universal Declaration of Human Rights of the United Nations as well as applicable international law. As a result, we find ourselves obligated to initiate the necessary actions required to demand the protections we are entitled to on the part of the Bolivian State and the international community.
REPSOL YPF S.A. does not respect our rights and has not shown good faith in its relations with the APG Ikita Guasu. For these reasons, the company warrants having it actions criticized by members of national and international civil society. The Bolivian authorities must act in a timely manner to protect and guarantee our rights.
By the Assembly of the Guarani People of Itika Guasu.
Signed by the Community Leadership
Facsimile of the original document containing the notarized letter to Repsol YPF S.A. and the document attached thereto:
Economic, Social and Cultural Rights
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