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population living in [the] Amazonian region," and stressed, to that end, that TexPet had to
provide compensation in the "biotic, abiotic and socio-economic areas," and, with an
"atmosphere of consensus[,] ... tak[ e] into consideration the inhabitants and authorities in the
region." TexPet and the representatives of Ecuador and Petroecuador "t[ ook] into consideration"
the comments and suggestions from the Ecuadorian Congress. Local politicians from the Oriente
region also played what they saw as a "leading role as the interested party" in the "negotiations
to reach an understanding between Texaco and the Ecuadorian Government regarding
environmental remediation in the Amazon."
47. Defendant the Front also openly and actively participated in the negotiation of
this settlement between TexPet and Ecuador. Defendant Yanza, President of the Front, sought
an "audience" with the President of Ecuador "to explain directly the situation" of the people of
the Oriente whom he purported to represent, so that their situation "may be taken into
consideration when signing the agreements with [TexPet]." Yanza later submitted his group's
"proposal" for defining the scope of work, which he claimed represented "far-reaching and
vigorous work to reach consensus" among the population. Reflecting this cooperation with
groups like the Front, Ecuadorian officials recently repeated, under oath, that the negotiations
leading to these settlements were "open for all those who wanted to attend," and members of
many environmental organizations, including the Front, did attend. These governmental officials
saw themselves as the "facilitator[ s]" of an open dialogue between the communities and TexPet,
and followed orders from the "National Congress to take into account the problems that
Amazonian groups were having." As a result of this dialogue, the environmental groups were
"behind everything that was being done," leading to a final instrument that considered and
accounted for the interests of individuals and communities in the concession areas. When the
MOU was opened to public scrutiny, and while the Scope of Work was being defined, the Front
was one of the groups that wrote to the Ministry of Energy and Mines to express their
"agree[ment] that the process of understanding [between Ecuador and TexPet] and the immediate
performance ofthe environmental remediation work should continue."
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