The Tribunal, a film created by Malcolm Rogge in partnership with the Columbia Center on Sustainable Investment, follows the experiences of community members in the Intag Valley of Ecuador. Their lives were directly impacted by a dispute arising from a potential mining project, and international arbitration proceedings, initiated by a Canadian mining company under the Canada-Ecuador bilateral investment treaty (BIT).
After two years of growing opposition from the community, the Ecuadorian government terminated the company’s concessions, citing incomplete environmental assessments and lack of community consultations. In retaliation, the company sought compensation through arbitration in Washington, DC, under the terms of the Canada-Ecuador bilateral investment treaty. The film poignantly illustrates the community’s struggle to be heard throughout the mining project’s development and during the arbitration process – it showcases the broader inequities inherent in the investor-state arbitration system and international investment law, often discussed in abstract legal terms rather than in terms of their immediate human impact.”
– Ladan Mehranvar, Senior Researcher for the Columbia Center on Sustainable Investment
The content of Malcolm’s film mirrors the situation in Colombia, which currently faces numerous cases levelled by multinational companies (MNCs) using ISDS provisions that exist within Colombia’s BITs with other countries, including the UK. There have been 23 listed ISDS cases against Colombia since 2016, which, if won, would demand a monetary equivalent of 13% of the country’s budget (around $13.2billion USD).
Most importantly, the film showcases the often overlooked struggles of local communities – those who bear the heaviest burden of these legal battles. The film highlights the harsh reality of these communities, who are often marginalised and silenced in complex international arbitration processes that favour corporate interests over human rights and environmental protections.
ABColombia remains gravely concerned about the human rights, environmental and health impacts of the ISDS mechanism and the impact it is having on Colombia’s ability to legislate in favour of human right and meet its Paris Agreement commitments.
This month, October 2024, the Colombia-UK BIT reaches the end of its initial ten-year term. The UK and Colombian governments will now have the opportunity to terminate this treaty, which is incompatible with human rights, peace, democracy and environmental protection. The treaty’s “sunset clause” means that the provisions of the Agreement persist for a further fifteen years, unless a mutual termination of that clause is agreed. The UK and the Colombian government must bi-laterally terminate the BIT and neutralise the sunset clause.
You can take action by writing to your MP, urging them to support the termination of this treaty – find more information and a standard letter that you can use here.
A very powerful and moving film – the people interviewed radiate integrity, and the natural beauty of the region is stunning…The Tribunal should be widely viewed. This film will help people to understand more clearly the injustices perpetuated by investor-state dispute resolution mechanisms.”
– David R. Boyd, Former UN Special Rapporteur on Human Rights and the Environment
…The Tribunal brings to light powerfully two themes: (1) the physical distance of investment arbitration from the lived realities of impacted communities; and (2) the erasure of human rights and environmental impacts in the investment arbitration process.”
– Anil Yilmaz Vastardis and Tara Van Ho, Co-directors of the Essex Business and Human Rights Project