by DGR News Service | Feb 12, 2020 | Colonialism & Conquest
As the following stories illustrate, land defense is dangerous. When we speak about the war being waged on the planet, we do not speak of a metaphor. With guns and machetes, with chainsaws and poisons, with nuclear waste and bulldozers, the living world is being dismembered, and those who fight to defend it often find themselves risking life and limb. We must become aware of this war in order to better participate on the side of the forests and of life. Be careful, be prepared.
Featured image: Monarch butterflies in the El Rosario reserve, home to fir forests whom monarchs visit each winter after their multi-generational migration from the north. Photo by Charlie Marchant, cc-by-2.0.
Six Murdered, Ten Kidnapped in Armed Attack on Nicaragua’s Bosawás Biosphere Reserve
Reuters — February 3rd
About 80 armed men killed six indigenous people on an isolated Nicaraguan nature reserve in an attack linked to raging land disputes, the indigenous Mayagna community said on Thursday, with 10 other Mayagnas kidnapped in the raid.
The men stormed a Mayagna commune about 500 kilometers (310 miles) north of capital Managua, deep in the north-central Bosawas Biosphere Reserve, the second-largest rainforest the Americas after the Amazon.
The raiders were part of a group of “settlers” in the area who do not belong to the indigenous communities that make up about 14% of Nicaragua’s 6.2 million people, according to a Mayagna lawyer from the region.
Missing Mexican Monarch Butterfly Defender Homero Gómez González Found Dead
Jessica Corbett / Common Dreams — January 30th
Mexican conservationist Homero Gómez González was found dead Wednesday, about two weeks after he was reported missing, provoking a wave sorrow from allies and advocates worldwide as they honored his work running a butterfly sanctuary in the state of Michoacán.
As Common Dreams reported last week, human rights advocates have expressed fears that Gómez González may have been targeted because of his activism by those involved in the local illegal logging industry, and the 50-year-old butterfly defender’s family told the media that he had received threats from a criminal organization.
A Global Witness report from last year named Mexico the world’s sixth-deadliest country for eco-defenders, part of “a worrying global trend” of environmentalists risking their safety by facing off against “governments, companies, and criminal gangs [that] are routinely stealing land and trashing habitats in pursuit of profit.”
Human Rights Advocates Call for Investigation Into Death of Second Monarch Butterfly Defender in Mexico
Julia Conley / Common Dreams — February 3rd
The body of Raúl Hernández Romero was found at the top of a hill in the El Rosario butterfly sanctuary on Saturday, one day after the manager of the preserve, Homero Gómez González, was buried. Gómez’s body was found last Wednesday after a two-week disappearance.
El Rosario sanctuary provides a home for millions of migrating monarch butterflies each year and draws thousands of tourists annually. But the reserve has also drawn the ire of illegal loggers in Mexico, who are banned from cutting down trees in the protected area.
Before the ban, more than 1,000 acres of the woodland were lost to the industry between 2005 and 2006.
Hernández’s family told the BBC that before he disappeared on Jan. 27, he had been receiving threats warning him to stop campaigning against illegal logging. Forensic experts said the activist appeared to have been beaten with a sharp object and had a deep wound in his head.
by Deep Green Resistance News Service | May 31, 2018 | Colonialism & Conquest
by Courtney Parker / Intercontinental Cry
Intercontinental Cry has been reporting for almost exactly two years now on the escalating state-sponsored violence in Nicaragua, while many otherwise informed people remained stubbornly, loyally, and piously in denial – clinging to the romantic Sandinista, anti-imperialist, revolutionary narrative… It’s charming; it really is. And, that’s why it has become so dangerous.
The recent mass uprising in Nicaragua is youth-led with decentralized leadership, much like the ‘Occupy Movement’ to the north – and, it has received some of the same criticism of the Occupy Movement regarding the lack of organized leadership. Yet, who is to blame a generation who grew up under a growing dictatorship for wanting their movement to be proactively more egalitarian, in practice not just propaganda?
Many of the original Sandinista fighters are the ones who are losing their retirement pensions right now; there is a broad consensus that the Ortega-Murrillo family dynasty does not embody the original Sandinista values and ideologies.
The mass current mobilization has even been termed a ‘Nicaraguan Spring’ – which fully transcends any standard dichotomy between the ‘left’ and the ‘right’. It is challenging not just a dictatorship, but entrenched ideas about an ideologue figurehead who has concentrated power within his personal family to dangerous extremes and has support networks throughout the ‘pink tide’ socialist countries of Latin America as well as with Russia, and possibly even China and Iran1.
The renewed imperialist presence of Russia in Nicaragua – which is impossible to neatly abstract in terms of its impact on the current political climate – poses increased threats as well. Russia has been participating in an ongoing process to remilitarize Nicaragua; and, such activity has long been recognized by regional analysts as potential preparation for this current mass dissent. How Russia’s role there will evolve in this context is somewhat worrisome and hard to predict. Their alliance with the otherwise impoverished country is more important to them than might be assumed.
Hence, Putin has in recent years: initiated a new ‘drug war’ on the ground there; provided ‘security’ for developments in President Daniel Ortega’s infamous plans to build an inter-oceanic canal with the help of a Chinese billionaire; and, has installed a secretive ‘surveillance center’ with satellite capabilities to monitor activity in almost all – if not all – of the Americas. Even people who live and work in the surrounding area of the center in Nicaragua do not seem to understand its true or full purpose.
At risk of burying the lede, it was important to consolidate some context for the Indigenous struggles in Moskitia (an autonomous, pluri-ethnic region which Nicaragua has a complicated relationship with…to put it lightly) which have been simmering at a slower, but consistently oppressive and violent, burn for years now.
This ‘complicated relationship’ included recent accusations that the Nicaraguan government willfully allowed a large chunk of traditional Indigenous (and uniquely biodiverse) territory of tropical rainforest to burn without proper response. The Nicaraguan government turned down help from neighboring Costa Rica to put out the massive forest fire. Many attributed this to a continuance of their longstanding efforts to expand the agricultural frontier into the autonomous Indigenous territory which is home to the second largest tropical rainforest in the Western Hemisphere – considered the ‘lungs of Central America’.
The impact of the loss of this rainforest cannot be understated. And, amid the chaos surrounding the massive fire, there were reports of roads being built into previously respected, and lawfully protected Indigenous Rama territory, which would in the future further facilitate resource extraction activity on their land.
How does all this tie into state propaganda about mental health?
To begin unpacking that, in February of 2018, the pan-South American socialist state-run, media outlet, TeleSUR, ran an article claiming that a “mysterious madness was crippling” Indigenous Peoples in this region where Sandinista forces have been trying to nationalize and gain control of the vast natural resources for decades.
The article – and its premise – was beyond tacky, especially considering the deep and nuanced political undertones it was attempting to manipulate.
According to TeleSUR, “Nicaraguan anthropologists insist traditional techniques are best to treat the ‘grisi siknis’ outbreak; and, “Western medicinal treatments” cannot cure it.
At first blush, it all may sound really noble and anti-imperialist…until one realizes they are, on one point, attempting to displace the region and Peoples’ historic and autonomous relationship with the United States – which was advocated for by the late (AIM) American Indian Movement leader, Russell Means.
As recently as 2013, Mayanga and Miskito Peoples in the region called on President Barack Obama for support in their fight to preserve their ancestral territories and the crucially biodiverse tropical rainforest.
During the Contra Wars, the U.S. also provided limited support to the Miskito, who were defending their ancestral territory from the Sandinista (and in some instances fleeing to refugee camps in Honduras – a practice which has unfortunately resumed in recent years and is perhaps escalating conflicts now – according to claims in another recent TeleSUR article which could not be independently verified — with Honduran authorities).
As Means put it, here was a chance for the U.S. government to: “For the first time in its history…ally itself with an Indian cause”.
Means also described Moskitia’s struggle against the Sandinista which was happening on the sidelines of the Contra-Sandinista (U.S.-Russia proxy) war as, “the foremost struggle for indigenous sovereignty in the world.”
Back to the recent propaganda of note…While it implies on the surface that the Nicaraguan state is validating a traditional Indigenous healing approach where there has been an ‘outbreak of insanity’… if one reads further, the article doesn’t actually concede that traditional medicine – as it is implemented by traditional regional healers – is wholly sufficient, either…
According to the article, it took a Nicaraguan physician who had studied Indigenous cures, for it to be properly treated – by him, of course.
A ‘western psychologist’, interestingly, might diagnose the symptoms of ‘grisi siknis’ as a unique form of PTSD (post-traumatic stress disorder). The Indigenous Peoples of the region have surely endured more than their share of trauma at the hands of the now ruling FSLN party in recent decades – which, again, has come to a significant head in the past month of country-wide unrest.
With this in mind, it becomes apparent there is a form of ‘gaslighting’ (manipulative psychological abuse which Psychology Todaydescribes as a tool of dictators) happening in this state-sponsored propaganda.
In Moskitia, ‘grisi siknis’ is recognized by traditional healers as a behavioral contagion limited to the isolated communities in the region. The communities have been long isolated as they endured many forms of ongoing attacks; and, while the manifestation of a unique set of post-traumatic stress symptoms – or, what is perhaps better described as an impact of ongoing traumatic stress – can be viewed in either more clinical or more holistic terms, if one’s worldview encompassed the overall phenomenon in purely ‘supernatural’ terms (as at least some Indigenous Miskito Indigenous healers do), then through this lens it would take on an optic of all-out spiritual warfare. And for many Miskito, it does.
Bullet holes from an assault rifle attack on the home of the Indigenous Miskito Elder, pictured above. Colonos arrive in the territories with sophisticated weaponry which many Miskito claim to bear serial numbers traceable to the Nicaraguan government. (Photo: Courtney Parker, 2016)
It is disturbing to ponder how many people may have been manipulated to internalize this grotesque attempt at ‘gaslighting’ the Miskito Peoples. The article attempts to confer to the masses that ‘collective madness’ is just somehow ‘common’ among this particular Indigenous group.
‘This particular Indigenous group’ – the Miskito – just also happen to be the most politically organized, out of all other Indigenous or other ethnic groups in the pluri-ethnic autonomous region of Moskitia, or elsewhere in Nicaragua.
Their political party, YATAMA – which is an acronym which translates into English as ‘Sons of Mother Earth’ – is one of the only remaining strongholds of opposition to the FSLN in that region (which some have estimated holds up to or above 80% of the colonial borders of Nicaragua’s remaining natural resources, which the region’s Indigenous Peoples have stewarded and protected during their long-standing tenure there).
While it is true that symptoms of the culturally specific designated mental illness include panic and are often accompanied by acts (or delusional attempted acts) of violence – more specifically, they are often attempts at defense from an unseen attacker. What the article doesn’t say is that this behavior is being exhibited in a community that has long suffered ‘invisible’ (to the rest of the country and world) acts of violence from settler and state forces.
A bullet grazed right over the head of the Indigenous Miskito elder pictured above during the attack from Colonos in 2015. The attackers promised to return and inflict more deadly violence if they did not vacate their lands and home. (Photo: Courtney Parker 2016)
In this manner, the propaganda present in the TeleSUR article was also an attempt to legitimize the ongoing colonization efforts from settlers known as ‘Colonos’ (which translates simply from Spanish to ‘colonizers’) who arrive from the country’s interior regions or the Pacific coast. In recent years, these armed intruders have placed the frontier areas under a violent siege, sometimes claiming illegal land deeds – even though all property in Moskitia is communal – to the legally autonomous territories.
The framing of this mental health issue — which is considered unique to Miskito communities — deflects attention from the intolerable acts of violence the settlers routinely commit. It is further, an ostensibly blatant attempt at collective ‘victim blaming’.
It seems painfully obvious that the news outlet, which receives direct fiscal support from the Nicaraguan state, is trying to delegitimize the most politically powerful group of Indigenous Peoples – who are, again, the main challenge to the FSLN dictatorship in the region – who have no choice but to fight back against the heavily armed intruders to protect their families, communities, and sacred, ancestral (and legal) territories, and portray them as (or worse, convince them they are) ‘crazy’ and/or ‘insanely and unreasonably violent’.
A young Miskito girl in a frontier community stands in front of a group of community defenders who have been forced to take up primitive, make-shift weapons as they attempt to defend their families, land, culture, and the carbon-mitigating rainforest. (Photo: Courtney Parker, 2016)
IC spoke with a family who had recently fled the frontier community of Santa Clara while in Bilwi, where they had recently been displaced to, in 2016. They described how hard it was to make a living and feed their family in the more urban area of Bilwi (also known as Puerto Cabezas).
While Bilwi is also home to a more ‘urbanized’ – or ‘urban-acclimated’ – population of Miskito Peoples, the refugees from the frontier are used to being able to live off the land and provide for their own food and shelter from it. Some individuals in the incoming waves of refugees have never used money; many children arrive without shoes; and, numerous children and adults speak only their Native tongue and no, or limited, Spanish.
Prior to the mass, country-wide uprising, there was a huge shake-up (which IC also covered) and outright revolt surrounding charges of electoral fraud waged on the FSLN after recent elections in Moskitia. One IC contributor recently documented the claims through independent sources. Investigations into the full extent of the fraud and activities amounting to voter suppression are still underway.
During this time, one of the only Miskito-speaking media outlets – the YATAMA political party’s community radio station – was burned to the ground by ‘Sandinista youth gangs’.
These such ‘gangs’ are now being recognized as state-sponsored paramilitaries by Nicaraguan analysts, as their violent and focused (it is said, directed) activities have become more widely scrutinized while they continue to inflict terror upon expanded regions across Nicaragua at this time.
For now, it is important that as the international human rights bodies are looking to Nicaragua – finally – and seeing the true nature of the Ortega-Murillo dictatorship… that they be reminded of the still marginalized struggle of the Indigenous Peoples and other ethnic groups residing in Moskitia, in the Northern Caribbean coastal area.
It was here that the journalist, Angel Eduardo Gahona, was shot in the head while live-streaming the country-wide protests in Bluefields, Moskitia. The incident made international news, but with no recognition of how this shocking act of violence, amidst the recent gross abuses of government force, occurred in the traditionally Indigenous-led, pluri-ethnic, autonomous region which has a name of its own: La Moskitia2.
On a final and sobering note, two men have been arrested and transported to the capital city of Managua – charged with the assassination of Gahona. They are two Creole men, native to Moskitia, named Brandon Lovo and Glen Slate.
According to the Knight Center for Journalism in the Americas, the victim’s own family is protesting this accusation and related charges. Members of the family have claimed the only people within range to shoot Gahona that night were Nicaraguan militarized state police – who had recently trumped up their presence in the region following the unrest after the fraudulent election, even before the countrywide protests commenced.
Juan Gahona told the Knight Center:
“PERSONALLY, I RULE OUT ANY POSSIBILITY I CAN LINK THESE GUYS TO ANGEL’S MURDER. WHY DO THEY HAVE TO TAKE THEM TO MANAGUA? THE CERTAIN THING IS THAT THEY TRANSFER THEM, TORTURE THEM […] AND MAKE THEM SAY THINGS THAT AREN’T, OUT OF FEAR, BECAUSE OF THREATS”.
Amnesty International released a new report on another massive outbreak of deadly violence from government forces and paramilitaries (as Nicaraguan analysts have come to call some pro-government mobs) on student protesters, Monday, May 29, 2018. Find their latest assessment of the situation, here.
1 Iran at one point expressed interest in garnering a stake in the Nicaraguan government’s canal plans as they were being facilitated by a Chinese billionaire, which was – tellingly – to contain no treaty of neutrality or ‘maritime peace clause’ as is central to activity which may take place within the Panama Canal.
2 Traditional linguists insist it is more proper to spell it as ‘La Muskitia’, on grounds that there was no ‘o’ sound in the most ancient version of the Native tongue, but the above spelling has been largely embraced by its inhabitants.
by Deep Green Resistance News Service | May 1, 2018 | Indigenous Autonomy
by Laura Hobson Herlihy / Cultural Survival
The Miskitu Yatama (Yapti Tasba Masraka Nanih Aslatakanka/Children of the Mother Earth) organization remained silent during last week’s violent protests in Nicaragua, ignited by the government’s April 16, 2018 approval of social security reforms. Many Miskitu people on the Nicaraguan Caribbean coast claimed the Instituto Nicaragüense de Seguridad Social (INSS) reform was not their fight, as Miskitu fisherman and lobster divers were excluded from the national system of social security and would not retire with pensions. Yet, they were supportive of the larger issue of the protests — the end of the Ortega dictatorship.
The Yatama Youth Organization released a statement on April 25, 2018, a week after the protests began, affirming their solidarity with the Nicaraguan university students now calling for President Ortega to step down. That evening by phone, the long-term Yatama Director and Nicaraguan congressman Brooklyn Rivera framed Yatama’s fight solely within the framework of Indigenous rights. Rivera stated, “We are still fighting for the same rights we have always fought for.” The Miskitu leader mentioned their right to saneamiento (the removal of mestizo colonists from Indian lands), as stipulated by Nicaraguan law 445; elections by ley consuetudinaria (customary law) in the autonomous regions, as ruled by the Inter-American Court of Human Rights; and fortification of the autonomy process (law 28).
Like an elderly statesman, Brooklyn Rivera sounded hopeful that he could use his position as an opposition congressman in the National Assembly to advance Indigenous rights during the up-coming dialogue for peace with Ortega’s Sandinista National Liberation Front (FSLN) government, to be mediated this Sunday by the Catholic Church and headed by Cardinal Leopoldo Brenes. The interviewer suggested that Yatama is well-positioned as an opposition party to the FSLN in the up-coming regional elections in November 2018. Rivera insisted, “Yatama will not enter any elections if there is not electoral reform first.”
Fraudulent Elections: A History of Violence
Yatama broke their alliance (2006-2014) with the Sandinistas, partially due to alleged electoral fraud during the 2014 regional elections. Indeed, Yatama claimed the FSLN stole the last three elections–the 2014 regional, the 2016 general, and the 2017 municipal elections. After each election, Yatama held peaceful marches but were met with force and attacked by the police, antimotines (riot police) sent from Managua, and the Juventud Sandinista (armed Sandinista youth gangs).
In the 2017 municipal elections, Yatama lost control of its remaining municipalities in the North (RACN) and South (RACS) Caribbean Autonomous Regions. Violence erupted in three towns along the coast. In Bilwi, the capital of the RACN, the police and riot police (antimotines) stood by watching as paramilitary Sandinista turbas (youth gangs) burned Yatama headquarters and radio Yapti Tasba to the ground, toppled the Indian statue in the town center, subverted the green Yatama flag with a black and red FSLN flag, and attempted to shoot Yatama leader Brooklyn Rivera, who escaped.
Police arrested one-hundred Yatama members and detained them in jail for more than a month. Like the university students recently persecuted by the FSLN in Managua, Yatama peaceful protestors were called ‘delincuentes’ and accused of looting stores and setting fires to public property. The state criminalized both groups of protestors–Yatama sympathizers and university students– to justify using force against them. Similarly, the state attacked, detained, disappeared, and murdered university students last week in Nicaragua. Captured and shared through social media, the vivid videos of government repression served to vindicate, support, and liberate the formerly criminalized Yatama protestors.
Yatama Reaction to Protests
Yatama Director and Nicaraguan Congressman Brooklyn Rivera giving an intervention at the 2018 UNPFII
Yatama members remained glued to their smart phones and social media all week, watching university students fight and broader society organize massive protest marches in Managua. They replayed the video up-loads of the fall of Chayopalos, the metal trees of life placed across the capital that have come to symbolize the First Lady/Vice President Rosario Murillo’s overreaching power and the government’s wasteful spending of scarce resources. Like a dream come true, they envisioned the Ortega-Murillos stepping down from power.
Rivera was busy fighting for Indigenous and Afro-descendant rights at the 2018 United Nations Permanent Forum of Indigenous Issues in New York, when the protests began in Nicaragua. He commented in retrospect, “I was not surprised by the protests. The Nicaraguan people are tired of the Ortega regime.”
by Deep Green Resistance News Service | Apr 28, 2018 | Protests & Symbolic Acts
Featured image: Destruction in León. Source anonymous. The official death toll from explosions of state violence has risen to 63.
by Laura Blume / Intercontinental Cry
Over the past week, Nicaragua has erupted in protests. While this current crisis started over pension reform, its development has revealed far greater rifts. It appears Nicaraguans have finally had enough of the Ortega regime. They are demanding that the corruption and oppression end. For many, it may seem shocking that a country that re-elected President Daniel Ortega for his third consecutive term in November 2016, with a reported 72 percent of the national vote could now, less than two years later, have taken to the streets en masse demanding his immediate removal from office.
I first visited Nicaragua in 2012, and have spent extensive time in the country over the past two years undertaking ethnographic fieldwork as part of my PhD dissertation. Each time I arrived in Nicaragua, I heard more and more people express mounting levels of frustration with the political situation. Yet, it was a frustration that the majority internalized and kept mainly to themselves, mentioning it to me only in private spaces and usually when other Nicaraguans were not around. As someone explained to me on one of my first trips to the country, “On the street, we’re all Sandinistas. We have to be if we want to work and have our kids go to school. But in private… well, there you may hear another story.”
I began hearing people who had fought in the 1978-79 Sandinista Revolution and 1981-90 Contra War lament that the current government now resembled the Somoza dynasty they had fought so hard and sacrificed so much to overthrow. Many people told me they were still a Sandinista, just not a Danielista, highlighting their commitment to the ideals of the historic fight against dictatorship and the Sandinista Revolution, but fundamental disagreement with the current regime.
Hearing about corruption and repression is one thing, but witnessing it is another. In November 2017, in Bilwi, the capital city of the North Caribbean Coast Autonomous Region of Nicaragua, I watched the Ortega Administration steal a local election. As I felt the burn of tear gas deployed against peaceful protestors and watched National Police – trucked in from the capitol – fire live rounds at the crowds, perspective on Nicaraguan politics changed, permanently.
In the 2017 municipal elections in Bilwi, the primary match-up was between two parties: the FSLN (Frente Sandinista de Liberacion Nacional, Sandinista National Liberation Front) and the indigenous Miskitu party YATAMA (Yatama Aslatakanka Masrika Nani/Sons of the Mother Earth). I decided I would try and divide my time between the contacts I had from each party, hoping to remain impartial. On election day, I spent the morning with a contact who supported the FSLN. I accompanied them as they drove FSLN voters to the polls. At one point, they admitted to me that certain claims of the opposition were valid: Nicaragua was a dictatorship. But they countered that not all dictatorships were bad, exclaiming, “just look at all the progress in Cuba!”
Around 4 pm that afternoon, I arrived at a voting center with a YATAMA contact. Although the official closing time for the center was 6pm, elections officials were shutting its doors. People became angry that they were not being allowed to vote. The situation grew tense as a crowd formed. People reported facing harassment from authorities – including two women who told me about threats of sexual violence – when they tried to demand their right to vote. I remember thinking how my FSLN contacts had stressed to me that they would be voting early in the day, and making sure other FSLN supporters did the same. Did they know this would occur in the afternoon? Reports of similar problems soon emerged from other voting centers around Bilwi.
A few hours later, waiting outside the same voting center in a crowd of YATAMA supporters as they observed a contested re-count of votes, I noticed a new group of people arriving – all young and male. They began encircling the YATAMA supporters and jeering at them. One of the young men tossed a handful of dirt towards them, clearly trying to instigate a fight. Thankfully, the YATAMA supporters did not take the bait. But in that moment, I got a glimpse of the nature of the Sandinista turbas, the same groups of youths who are now terrorizing various parts of the Pacific coast and the capital city of Managua.
Once the FSLN victory was announced, YATAMA supporters took to the streets to protest what they perceived as a fraudulent outcome. While I had tried to remain politically neutral, I certainly empathized with their frustration. The irregularities at the voting centers seemed far too widespread to consider the FSLN win a fair one. Moreover, those who did vote for the FSLN often did so because they felt obliged to do so. As one young woman told me, she had wanted to support YATAMA, but voted for the FSLN since she was fearful of losing her university scholarship.
FSLN-controlled media outlets declared that the YATAMA supporters were causing mayhem in the city, but they were certainly not alone on the streets. Groups of the FSLN youth were out in force, fighting against the YATAMA supporters and vandalizing properties. The YATAMA house and radio station (which serves as one of the few Miskitu-language services in the region) and famous defiant Indian statue were all destroyed, which some audacious Sandinista sources blamed on YATAMA supporters. Through all of this, the protesters faced violent government suppression, including tear gas and even gunfire. Adding to the disarray, groups of criminals who claimed no political loyalties took advantage of the chaos to loot local businesses. One jokingly asked me if I wanted any new electro-domestic appliances from Gallo Más Gallo.
Injured protesters taking refuge in the YATAMA house, before it was burned to the ground. Photo by author.
After a day and a half of the protests, the local airport was shut down and rumors circulated that troops would soon blockade the road. I decided it was time for me to leave town.
Unbeknownst to me, a fight at the bus station broke out 15 minutes prior to my departure time. When I arrived, it was full of police and special forces from Managua, antimotines. As I approached the bus, eager to leave, an official stopped me. He claimed that he had seen me the day before at the protests and ordered that nearby police search my luggage as he closely examined my passport. He demanded my name, which he wrote down. Without my permission, he took a photo of my face with his phone to send to “central.” He also insisted that I hand over my cellphone and delete any protest photos.
The official also accused me of supporting YATAMA and of even working for the CIA – a potentially grave accusation in a country still reeling from the U.S. infringements of the 1980s. I insisted I was a poor graduate student incapable of backing any foreign political party and that I did not work for any government agency. (I was tempted to point out that a CIA agent would have nicer transportation than the local 18-hour “chicken” bus from Bilwi to Managua I was taking, but decided that snark would not help in this situation.) Finally, the official let me go and I boarded the bus. I have never been so relieved to take a seat and settle in for the grueling ride to the capital as I was at the moment the bus finally puttered out of the tiny Bilwi bus depot.
Upon arrival on the Pacific side of the country, a few of my friends joked that I needed to go buy some pro-FSLN swag to help improve my image in the eyes of the government. The Pacific side of Nicaragua was mostly calm after the municipal elections, and most of the people I spoke with dismissed the chaos in Bilwi as something unique to the dynamics on the indigenous-dominated and long-fractious Miskitu Coast. Yet, no Nicaraguan I spoke with was surprised by my tale of police harassment and voter suppression. The most common response to my depiction of the ways the FSLN had strategically manipulated the election outcome was laughter; this was all very old news to Nicaraguans.
Now, in April 2018, the protests are not specific to an election, led by an opposition party, or isolated in a remote part of the country. The protests are occurring all across the heartland of supposed FSLN support. The below photo is from Friday night in León, where the FSLN won the 2017 municipal elections with over 80 percent of the vote. While the government says right wing-backed criminals are responsible for the vandalism, witnesses say it was the Sandinista turbas who were, quite literally in this case, pouring gasoline on the fire.
Some Nicaraguans tell me that the situation has started to calm down. Others say it is just the calm before the storm. Regardless, even if things settle down this time, the mask of democracy has been torn off the Ortega regime. So far, during less than a week of protests, at least 63 people have been killed*, and many more are injured or missing. Nicaraguans are now publicly speaking out against their repressive government, and hundreds of thousands are taking to the streets. Yet, dictators rarely cede power in response to protest, and so this struggle is unlikely to be a fast or an easy one.
I initially wanted to write about what I witnessed in Bilwi, but I decided to stay silent, for the same reason that Nicaraguans do not like to talk about politics on the street: speaking out against the Ortega regime almost always has consequences in Nicaragua. This government has expelled several researchers and academics before me, threatening them along the way. But, now, like so many of my friends in Nicaragua and on their behalf, I am enraged by what is happening. It is hard to silently watch the videos of a journalist being shot in the head in a city that I have come to consider a second home, or of students and protestors being beaten, abducted, and even killed by government forces along streets I have walked too many times to count. As a friend in Managua recently told me, “it is difficult to feel so impotent, but you know what is beautiful? To be next to someone who you do not know but you help and you defend because they believe in the same thing you do.” I cannot be on the streets of Managua marching with the protestors right now, but I can provide a voice that amplifies the calls of those protesters – and as an academic, further evidence that supports their cause.
by Deep Green Resistance News Service | Mar 20, 2018 | Lobbying
Featured image: Mario Lopez/EPA
by Gabriella Rutherford / Intercontinental Cry
Indigenous communities know all too well of the potentially devastating risks that the construction of mega-projects can entail. Time and again, such projects have led to irreparable environmental damage that harmed if not destroyed the well-being, culture, economy and traditional ways of local communities.
The Raizal Peoples who inhabit the San Andrés, Providencia and Santa Catalina archipelago, Colombia could become one more indigenous community to be affected in this way. Should Nicaragua’s plans to build a canal go ahead, there is the risk that the massive project—that would rival the Panama Canal—would muddy and pollute nearby waters and potentially destroy the reef on which the Raizals depend.
With the risk of environmental damage and potentially devastating consequences for the Raizal Peoples in mind, Colombia applied to the Inter-American Court for information as to how it might interpret human rights law in this case. In response, the Court issued an advisory opinion in which it elaborated at length on the relationship between the environment and human rights law.
The Court noted, “Environmental damage can cause irreparable damage to human beings. As such, a healthy environment is a fundamental right for the existence of humanity.”
Its findings, though non-binding, sent out a strong message to both the regional and international arena that not only is there an inextricable link between a healthy environment and human rights but that this should be accounted for in the interpretation of human rights instruments.
In practice, this means that someone could in theory now bring a case before the Court on the grounds that environmental damage had led to a violation of their human rights. While significant legal obstacles have previously made it difficult for affected parties to seek meaningful redress in such cases, the verdict could not be more timely.
Proposed route of The Nicaraguan Canal (Spanish: Canal de Nicaragua), formally the Nicaraguan Canal and Development Project (also referred to as the Nicaragua Grand Canal, or the Grand Interoceanic Canal)
To date, claimants in the Americas affected by environmental damage have struggled to pursue legal action for the violation of their human rights for the following reasons:
Right to a healthy environment (San Salvador Protocol, article 11) not accepted as basis for a claim
Firstly, despite the fact that Article 11 of The San Salvador Protocol explicitly sets out the right to a healthy environment, this right is non-justiciable. That is to say, no-one could use a violation of this right as a basis for which to file a petition to the Inter-American Commission of Human Rights, and subsequently the Inter-American Court. Instead, the affected individual or group would have to bring a case under Article 26 of the American Convention on Human rights, the rights of which are justiciable.
The problem is that, while Article 26 protects economic, cultural and social rights, the only obligation it imposes on States is that they progressively achieve the full realization of these rights, making it an aspirational ideal for member States. For this reason, neither the Commission or the Court had previously ever found in favour of a claimant who had asserted their rights under this article. Furthermore, is has been unclear whether the right to a healthy environment would be deemed as being included in the scope of the rights protected under Article 26.
Problems of transboundary cases
In some cases, the cause of environmental damage occasioned in a particular place lies outside of a country’s border. This is problematic because human rights instruments are traditionally understood to only hold states responsible for damage occasioned in that same state, not for damage outside of their borders. This rather nebulous realm of extraterritorial obligations is, as one legal expert noted, “the conundrum…that bedevils human rights law”. If we can find some clarity in this rather nebulous world of international law it is that no-one hoping to a pursue legal action through the regional courts in the case of a transboundary claim could be confident their claim would be admitted.
Problems of bringing claims on the basis of violation of right to life
In theory, another means through which a potential affected party could file their complaint with the Inter-American Commission would be through arguing that their right to life had been violated as a result of environmental degradation. However, case law from the Inter-American Court shows that should a complainant want to argue their case on this basis, they would have to prove that the state had taken action which could be deemed to have an “immediate” and “certain” consequence on their exercise of their right to life–and that action wasn’t taken to “reasonably” prevent the risk of this happening.
There are cases which fall into this category such as Sarayaku vs. Ecuador, where explosives were laid on the Sarayaku territory or, for example, in Yanomami vs. Brasil where a highway was built though Yanomami land which resulted in several deaths. This said, clearly trying to prove the immediacy and certainty of a risk to life and integrity limits the number of cases significantly. By means of example, in 2005 when the Inuit argued that their traditional means of subsistence had been destroyed by climate change, the Inter-American Court did not find in their favour. Though the Court was not explicit with regards to its reasons for not accepting this argument, it can be supposed that it was indeed difficult to prove that climate change would have resulted in an “immediate” and “certain” negative impact on the subsistence of the Inuit Peoples and consequently their right to life.
The advisory opinion issued on Feb. 7 addresses these problems in the following way:
The right to a healthy environment
Firstly, the court reaffirmed the landmark decision made in the recent Lagos del Campo vs. Peru case, in which they found for the first time in favour of a claimant who had raised a petition on the basis of his Article 26 rights being violated. Secondly, the Court recognized that the right to a healthy environment as set out in the San Salvador Protocol was an autonomous right and crucially, should be deemed as being included in the rights set out in Article 26. What this means then is that the door is laid open to future claims for loss of a healthy environment brought under Article 26 of the American Convention, something that was not previously possible.
Transboundary claims will be actionable in the case of environmental damage
The Court found that countries will be held accountable for the violation of rights when the activities causing those violations are in their “effective control” i.e. they are responsible for them. This marks a significant widening of the traditional scope of a state’s responsibilities.
On this basis then, if, for example a state did complete a mega-project, the effects of which were felt outside of their borders, a case could be brought against them. In Colombia’s case, the Court seems to indeed be suggesting that should Nicaragua’s canal result in environmental damage in Colombia, affected parties would indeed have a case.
Some experts have noted that this could have important repercussions for air pollution, chemical pollution and even climate change.
Risk to life must still be “immediate” and “certain” but in the case of the possibility of significant environmental damage, a state has an obligation to prevent it taking place.
As expected, the Court’s opinion signaled no change with regards to the need for claimants to prove that actions undertaken would “immediately” and “certainly” result in the violation of their right to life. As such, it will remain difficult to bring forward claims on this basis. However, the Court did importantly recognize the very real potential that environmental damage has to cause violations of the right to life or right to integrity. With this in mind, it made several stipulations:
Firstly, the Court stated that States must prevent “significant environmental damage” (understood as damage that will violate right to life or integrity) both in or outside their borders. Secondly, it stipulated that they must do so even if there is no scientific certainty of such environmental damage: it is sufficient that significant environmental damage was possible.
The Court also offered clarity about what was understood by the meaning of the word ‘prevention’. It found that a State must conduct thorough and independent environmental impact studies as well as providing mitigation and contingency plans in the case of damage; regulate, supervise and monitor activities that could cause harm; cooperate with other States, providing them with information regards risks to the environment and ensure that potentially affected parties have access regarding potential harms
There is no doubt that the Inter-American Court’s findings offer reasons for optimism for both environmental and indigenous rights activists alike. Though non-binding, the advisory opinion provides a sign post for Courts of member States as well as lending much-needed legal weight to arguments made by potential claimants. Indeed, the advocacy group Dejusticia—which is currently pursuing legal action against the Colombian State for failing to curb deforestation in the Amazon—has said that it will use the findings to bolster its arguments. Of course, the advisory opinion will likely carry weight further afield too. The fact that a major human rights body such as the Inter-American Court has taken active steps to better protect citizens from the very real effects of environmental damage will surely put pressure on other major bodies to do the same.
