Indigenous Ngäbe communities living on the banks of the Tabasará River in western Panama are scrambling for their lives as flood water from the Barro Blanco hydroelectric reservoir inundates their houses, schools, farms and cultural centers.
“We are without homes and without anywhere to take shelter,” said Weni Bagama in a video statement recorded on Wednesday, Aug 24, 2016.
Bagama—a lifelong resident of the community of Kiad—explained that local road connections have been washed away by the flood waters leaving her family and neighbors geographically isolated. A group of springs that the community relied upon for safe drinking water have also been lost along with archaeological sites of local and national significance.
Roads into Kiad are now under water and the community is inaccessible. Photo: Ricardo Miranda
Two days before Bagama’s statement, Panama President Juan Carlos Varela was busy celebrating the signing of a formal “peace agreement” between his government and Silvia Carrera, the elected chief of the semi-autonomous Comarca Ngäbe-Buglé.
“After 19 months of dialogue we seal the deal that ends the conflict over the Barro Blanco Hydroelectric project,” wrote President Varela on his Facebook page without the slightest hint of irony.
“With the signing of this agreement we have achieved clear objectives for the benefit of the Ngäbe people.”
His Facebook post includes a self-congratulatory public relations video and a link to a full press statement asserting that “the success was achieved on the basis of respect, tolerance and a thorough examination of the key aspects of the project.”
Despite President Verala’s claims, however, none of the Tabasará communities directly affected by the flood waters were involved in the talks. Nor did they endorse the new agreement.
Since the project’s inception in 2011, the affected communities have maintained vigorous opposition to the Barro Blanco dam.
Submerged houses. Photo: Ricardo Miranda
What’s more, according to Bagama, the flooding of their communities commenced on Friday, Aug. 19, 2016 – a full three days before the signing in Llano Tugri. Furthermore, by Saturday—some 48 hours before the ill-fated PR fiasco—the inundation had already completely destroyed the community of Quebrada Caña.
“The population who lived there had to collect their things and see what they could salvage,” she said.
President Varela’s pronouncement seems to be the latest move in what human rights lawyer Osvaldo Jordan calls “a game of words”—that is, a cynical and carefully planned PR campaign designed to obfuscate gross human rights violations.
“The agreement does not seem to have any legal basis,” he told IC. “However, many people seem to believe in it and have forgotten the most important story: the communities being flooded illegally before the agreement was signed.”
In fact, the flooding of the Tabasará River basin began last May with what the government cunningly described as a “test filling”. The reservoir was allowed to rise to a height of 87.5 meters and remained stable until last Friday when the green light was given to let it rise higher and flood the communities.
Disturbingly, according to evidence presented in an independent report by the Human Rights Network of Panama (HRNP), the so-called “test-filling” was achieved not through “respectful dialogue” but through violence and thuggery.
According to eye-witness testimonies, on May 23 2016, police invaded a long-standing indigenous Ngäbe protest camp on the banks of the river, assaulted and humiliated the assembled families, confiscated their possessions, demolished their church, and killed and mutilated their animals.
Said one anonymous witness:
“While we [were] praying in the church, and in the presence of various pastors visiting from other regions, a heap of people arrived from the company, the police, SINAPROC, and they told us that we would have to leave there because it was the property of the company and it was to be flooded.”
“They told us that there was an eviction order–that we would have to die if we would not move. We continued praying and then they pulled us away and started to break up and tear down the houses. They killed the dogs, chickens, pigs, and even the parrots that we had. They grabbed the children and women and carried them to the bus. There were many against us and some ran away. One companion was stripped naked in front of her children and husband…”
Some 30 Ngäbe protesters were rounded up that day and transported to the nearby town of Tolé where they were detained for approximately 36 hours without due process.
Police confined the protesters to Tolé’s Catholic Mission Center and reportedly failed to explain to the priests exactly what had occurred. In fact, none of the detainees were formally charged or permitted to seek legal support. Some of them alleged injuries to their legs and arms, but no medical care was dispatched.
While the protesters spent a gloomy night incarcerated in the Mission, Panama’s civil protection services distributed sacks of rice and other sundry ‘gifts’ to nearby communities not directly impacted by the dam in an apparent effort to create further division between the communities.
The next day, at around 11:00am, without any regard for domestic protocols or international human rights law, Generadora del Istmo (GENISA) closed the gates on their 29 MW hydroelectric dam and commenced flooding the Tabasará River basin. As the water levels rose, farm plots were washed away and witnesses reported a massive fish die-off.
The formation of the reservoir saw endemic fish die. Photo: Chiriquí Natural
Any hopes that GENISA would soon conclude their “tests” and reopen the gates were definitively crushed when the company met with their financial backers and the Government of Panama on July 8 2016.
Owned and built by the Kafie family (who are currently embroiled in a massive fraud scandal in their home country of Honduras), Barro Blanco is being financed primarily by European taxpayers via the Dutch Entrepreneurial Development Bank (FMO) and the German Development Bank (DEG), along with the Central American Bank for Economic Integration (CABEI).
“It was important to have for the first time a tripartite meeting [in Panama City], which allowed the Government and Genisa to exchange feasible options for the continuation of the project… FMO and the other lenders will continue to support this process.”
The statement went on to applaud the project for its “benefits to the local communities”.
Indeed, the political pressure to maintain a “positive” environment for foreign investors—that is, one presumably devoid of human rights or environmental obligations – may have been the force driving Varela’s latest PR stunt.
“He did it to stay on good terms with the corporate lawyers in his entourage and foreign embassies, including the US one”, said Eric Jackson, editor of the Panama News. “Think about the dam business as a whole. Varela is threatening more of these projects, with offsetting promises that are empty.”
For what it’s worth, the agreement between the government and Carrera does include promises of significant investment in Ngabe communities, particularly those living in Muna District near the project.
That’s not saying much, however, as the document has been roundly rejected by GENISA, the Tasabará communities, and even Panama’s own National Assembly. In any case, promises of long overdue regional investment will be cold comfort to those communities experiencing the flagrant violation of their human rights, not to mention the destruction of their homes.
One elder from Kiad told HRNP:
“Those people do not understand that I cannot sell this sacred land. I need my land, I will not sell my land, the land is not like money. Money gets wet, it rots, melts and ends; the land, no, it is permanent, not for sale. Money is deception… What price do the ants have? The stones? The crickets? The trees? The water? I cannot put a price on it, it is the heritage of my children. Without this land we die.”
There is some hope that the national ombudsman may be able to interrupt the violations currently taking place on the Tabasará River. However, with national and international media turning a blind eye to these events, that hope appears tenuous at best.
The Southern Autonomous Region of Nicaragua is home to nine indigenous and afro-descendant communities represented by the Rama-Kriol Territorial Government.
On May 3, 2016 Rama-Kriol Territorial President Hector Thomas signed an agreement with the Nicaraguan Canal Development Commission giving consent for the indefinite lease of 173km of communal land to develop the canal.
Communal representatives have denounced this action, claiming they have not been consulted and have not seen the terms of the agreement, which would remove several communities from their ancestral land.
According to international law (ILO Convenant 169 & The UN Declaration for the Rights of Indigenous Peoples) the government must obtain the free, prior and informed consent of the communities to use their land.
Over the past month, community members have given documented testimony and are organizing a formal legal appeal against this illegal land concession.
This short film documents this series of events and the response of the communities.
There is a crisis erupting in Nicaragua’s North Caribbean Autonomous Region that spans across all social and economic boundaries, affecting everything from human rights to ecosystem preservation to climate change. The Indigenous Miskitu and Mayagna Peoples, whose traditional cultural practices are inseparably linked to the environment and who exist at the forefront of imminent climate shifts capable of displacing entire communities, are under attack. The situation is one that world doesn’t yet know about. It is incumbent upon all of us to change that–to do what we can to empower the Native Peoples of Nicaragua, and stop the destruction.
Settlers are attacking Indigenous communities with automatic firearms, killing, plundering and forcing residents to flee their ancestral lands. Foreign companies have entered the territory illegally and are burning the region’s precious stronghold of biodiversity and natural resources at an alarmingly rapid rate.
Disturbing reports continually come to light of dozens of killings and kidnappings, particularly of Miskitu Indigenous men and women. Thousands of Indigenous refugees have been forced to flee their communities to the relative safety of more urban areas. With no support services intact to deal with the influx of refugees in the already strained resources of the urban regions, those fleeing the violence continue to suffer a lack of food and lack of medical attention upon arrival. The murderous ‘colonos’ operate with complete impunity. As a result, the attacks continue unrestrained by Nicaraguan law enforcement, contributing to a climate of escalation. There is a real and valid concern regarding the virtual media blackout, in both local and international spheres, where little to no reporting focuses on the critical situation unfolding.
Inhabitants of the Atlantic Coast, or Costeños as they are collectively known to the rest of Nicaragua, represent a unique diversity of ethnic groups including Indigenous Miskitu, Mayagna, and Rama, Garífuna (descended from African slaves and Carib Indians), English-speaking Creoles (descendants of African slaves), and Mestizos (mixed race Latin Americans descended from European colonizers and Native peoples).
The region was deeply impacted – scarred even – by the revolutionary war of the 1980’s, when US-backed counter-revolutionaries mounted attacks against the Sandinistas from military bases in Honduras, just across the Coco (Wangki) River.
In 1987, with the war raging, the Autonomy Statute for the Atlantic Coast was enacted and amended to the Nicaraguan Constitution. The new law recognized the multi-ethnic nature of the communities of the Atlantic coast; and in particular, noted Indigenous peoples’ rights to identity, culture and language. The new Autonomous Regions were divided between the North and the South.
In 2003 the Nicaraguan National Assembly finally passed the Communal Property Regime Law 445 and the Demarcation Law to address Indigenous concerns regarding land demarcation and natural resources after much pressure from international institutions.
Indigenous people have legal ownership to significant portions of their ancestral lands as assured by Nicaraguan law, in addition to the Indigenous and Tribal Peoples Convention 169 ratified by Nicaragua in 2010 and the United Nations Declaration on the Rights of Indigenous People. Yet realities have differed from legalities. Although the Autonomy Agreement recognized collective land holdings, Indigenous people did not actually hold the legal title to their lands for a long time. In recent years, while Indigenous people have been waiting for formal title to be issued to their lands, false titles have been issued in Managua or elsewhere, selling land illegally to settlers from outside the region. It is a sad reality that although Law 445 calls for the removal of illegal settlers from Indigenous lands, it is increasingly undeniable that the exact opposite has taken place.
Violent conflicts over Indigenous land rights have been increasingly erupting in the remote areas of the Northern Caribbean Autonomous Region. Since September 2015, the Miskitu settlements of Wangki, Twi-Tasba Raya, and Li Aubra, have come under especially heavy attack. Reports indicate as many as 80 Miskitu men have been killed or kidnapped from these regions alone; while as many as 2,000 refugees fled their homes and communities in fear for their very lives. These particular villages have been hit especially hard by the violent conflict and, despite pleas for help at municipal and national levels, have received no measure of protection or even investigation, much less prosecution.
Transnational lumber companies siphoning profits from the region’s natural resources have been operating out of nearby Honduras. They are carrying out sophisticated lumbering operations utilizing helicopters and cargo boats to facilitate the rapid export of extracted wood. Nicaragua is home to the Bosawas Biosphere Reserve, one of the largest tropical rainforests in the Americas, second only to the Amazon. The world can no longer stand by while this stronghold of biodiversity and climate-stabilizing carbon-mitigating forest is sacrificed to next quarter’s profits.
Pleas for help have seemed to fall on deaf ears in the capital city of Managua. The Nicaraguan government has not officially acknowledged any of the most recent and most egregious killings, illegal land occupation or deforestation issues. The socialist central government has not offered any plan for addressing this escalating humanitarian crisis, for providing any gestures of protection to the Indigenous communities under attack nor assistance to the refugees. Many Indigenous to the region cannot help but suspect that human rights violations and land rights violations may be happening with the silent consent of the central Nicaraguan government.
While much attention has been given to the Nicaraguan government’s sale of a concession to a Chinese investment firm for an ill-conceived canal to run through the Southern Caribbean Autonomous Region, virtually no media attention has focused on the current urgent crisis in the Northern Region.
Thousands of illegal settlers have clear cut precious rainforest – indifferent to immediate or long term impacts – and have begun to establish cattle ranches and lumber operations that are completely inappropriate to the ecology of the region. The environmental impact mirrors the destructive patterns playing out in the Amazon Basin.
The Bosawas Biosphere Reserve is located in the North Caribbean Autonomous Region in an area historically occupied by Indigenous Mayagna and Miskitu people. The reserve has been designated a UNESCO World Heritage site due to its unique ecological and biocultural significance. The negative impacts on this vulnerable area in particular have consequences not only for Nicaragua, but also for the whole planet. Tropical rainforests hold 50 percent more carbon than trees elsewhere. To this end, deforestation of tropical forests actually causes much more carbon to be released. The problems associated with illegal human migration to the region and its effect on the natural ecology and rates of deforestation are grave, with worldwide ecological consequences.
Although there are differences among settler groups, what they have in common is an environmentally destructive cultural mentality. It is not a coincidence that the settler groups who have inflicted the worst environmental destruction have simultaneously inflicted the worst violence against Indigenous Miskitu and Mayagna.
The critical cultural differences between the Native populations and the non-Indigenous settlers can result in vastly different outcomes for the natural environment. These key cultural differences include: property regimes, expansion patterns, agricultural practices and long-term economic strategies. Indigenous communities hold land in common, meaning that they have collective ownership of their territories. Mestizo settlers, on the other hand, exercise a private property model and parcel out land that they have settled and/or seized.
Significant differences in the use and care of livestock can have a major environmental impacts. On average, only 10 percent of Indigenous families have cattle, whereas mestizo settlers average one cow per family. The low cattle count among Indigenous families, along with their nucleated communities, means that cattle are kept within the limits of the village, along with other livestock like pigs. The Indigenous people of the region contain their animals within the perimeter of their communities, whereas crops are planted in wooded areas up to a two-hour radius from community centers.
When mestizo settlers move into the region they re-shape and redistribute the land with the driving purpose of raising cattle and in anticipation of obtaining even more cattle in the future. After clear-cutting invaluable rainforest land, they immediately begin sowing grass seed and other crops. Within one season, their crop fields are converted into more pasture land. Indigenous farmers, on the other hand, will cut back specific plots of rainforest but will only use these plots for a year or two. They then allow them to grow back and move on to another area to develop communal plots. This traditional Indigenous practice of land management allows the rain forest to regenerate and recover — a sustainable method the Indigenous biostewards of the region have practiced for thousands of years.
On the other hand, mestizo settlers often cause irreversible damage to the rainforest. Settler occupations seem bent on developing as much pasture as possible. If they have the economic means, they raise more cattle and continually increase the herd size. If they do not have the means for raising cattle, they sell this land to settlers who do have cattle. This is the way in which mestizo settlers illegally appropriate traditional Indigenous territory and cash in on the destructive practices they inflict on it soon after. This type of land speculation and ‘economic development’ is almost nonexistent among Indigenous groups, and many view it as a direct challenge to their inherent values. Ironically, many mestizos use this conservative approach to concoct a false narrative that Indigenous people are lazy and undeserving of their vast quantities of land.
Even with growing populations, indigenous communities have a relatively low environmental impact compared to their mestizo non-Indigenous counterparts. The differences in environmental impact and lifestyles between Indigenous and mestizo communities put land tenure and environmental conservation in perspective.
Significant progress towards honoring Indigenous land rights must be a crucial component in the creation of a multi-stakeholder enforced strategy to protect the environmental integrity of the Autonomous Region of Northern Caribbean. It becomes especially critical when considering the overarching role tropical rainforests play in regulating the Earth’s climate.
The two factors of tropical deforestation and human-induced global warming are inextricably connected. There is a definite consensus in the scientific community that deforestation is one of the innate causes behind global warming. According to the Food and Agricultural Organization of the United Nations, “… Between 25 to 30 percent of the greenhouse gases released into the atmosphere each year —1.6 billion tons — are caused by deforestation.” Contributing to deforestation is by definition contributing to global warming.
It’s important to really drive home the compounding effects of the destruction of tropical rainforest: is it is even more damaging to the environment than destruction of other types of forest because of the unique ecology of rainforests. Compared to boreal forests, which are much more expansive, each square hectare of tropical rainforest holds nearly 50 percent more carbon.
The carbon within tropical rainforests is split pretty evenly between soils and flora. When tropical rainforests are clear-cut,massive amounts of carbon are released. Warmer temperatures cause soil to more rapidly decompose.
Tropical forests sequester more carbon because they grow year round and faster than other forest types. When protected and preserved, tropical rainforests are able to actually take in more carbon than they release into the atmosphere, critically reducing the adverse effects of fossil fuel emissions. To put things in clear perspective, tropical rainforests produce 20 percent of the world’s oxygen and 30 percent of the world’s freshwater.
When tropical forestland is transformed into pasture and overused, it leads to a steady cycle of desertification. Rainforests hold together the soil and ensure that it is saturated with rich nutrients. Over time, cattle grazing on pasture land created by clear-cutting forest will quantifiably weaken the soil. Monsoon seasons that are prevalent in Eastern Nicaragua steadily wash away any topsoil that no longer has forests holding it together or nourishing it. Without trees this lower-level soil cannot adequately absorb water. This further leaves areas more susceptible to flooding and landslides. Manure, fertilizer and pesticide runoff are contaminating and acidifying nearby waterways, killing off flora and fauna that are critical to the integrity of intact forests. During the summer months, this lower-level soil bakes and cracks, slowly developing into desert.
Lest it seem the many and crucial challenges facing the Indigenous people of Nicaragua are insurmountable in the face of such great adversity, Native Miskitu and Mayagna continue to defy the odds and act as trailblazers. Their actions set a prime example of what can be accomplished, even with minimal resources.
Although many of the Native people of Nicaragua are not familiar with the Pan-Indigenous American movement known as Idle No More, their actions are living embodiments of the mantra. They have consistently and repeatedly sought assistance and protection from local and national authorities, yet their pleas for help have fallen on deaf ears. No meaningful action has been taken by any government authority. The problem of Indigenous land rights violations and removal of the settlers has been presented to the OAS (Organization of American States) and the IACHR (Inter-American Court of Human Rights). The issue has even been formally raised at the United Nations Permanent Forums on Indigenous peoples.
NGOs played a supportive role in pressuring the Nicaraguan government to institute necessary jurisprudence in protecting environment and Indigenous land rights; the problem is that the laws are not being respected or enforced. The government continues to ignore the laws both at the national and local level. Mounting anecdotal evidence points to the possibility of corrupt officials contributing to the problem, at virtually every level of government. Through their inexcusable silence and inaction in the face of the escalating crisis, government at all levels is complicit at least in actively undermining Indigenous Peoples’ rights to their legal territories.
This is an ongoing crisis in the Autonomous Region of Northern Caribbean Nicaragua. The Indigenous cultures of the region are inseparably linked to the natural environment. The legal protections for Native people and the rain forest are being flagrantly violated by increasingly violent mestizo colonists (‘colonos’). Government at all levels has proven ineffectual in the face of the crisis. There has been no media coverage of this crisis, the escalation of violence, or the plight of refugees fleeing the areas of conflict.
It’s also important for us to help stop the destruction of the tropical rainforest, which is critically important to all of us. Government inaction in the face of mounting numbers of refugees and killings is morally corrupt and warrants international outcry.
The Indigenous Miskitu and Mayagna are not passive victims, but they are facing a tremendous challenge to address a problem of this magnitude. They are in desperate need of assistance to overcome this crisis.
5 WAYS YOU CAN HELP
It is very important for international media outlets to focus on what is happening in this remote region. Spreading the word through social media will be key to applying international pressure to help the refugees and stop the killing of both the Indigenous people and the rainforest.
There is an equal need for conventional media coverage. To that end, you can reach out to your favorite news outlet and encourage them to take on the story
Costa Rica, Mexico, and the U.S. government have issued travel bans to Nicaragua, nevertheless, there is a growing need for humanitarian aid and witnesses to document what’s happening on the ground.
If you want to support the Miskitu and Mayagna from home, consider organizing a community event or any kind of online action to make sure the world knows what’s happening.
You can also ask the Ortega government to do the right thing, by working with the Miskitu and Mayagna to secure their ancestral territory, addressing the ongoing land theft and responding to the brutal attacks that are being carried out at the hands of the Colonos.
The Miskitu people (pop. 185,000) live in Muskitia, a rainforest region that stretches along the Central American Caribbean coast from Black River, Honduras to just south of Bluefields, Nicaragua. Two-thirds of Muskitia and the Miskitu people reside in Nicaragua. The Miskitu people in Nicaragua today are in a crisis situation. Armed mestizo colonists are attacking their communities, pillaging and confiscating their rainforest lands. This article is a cry for help.
The Miskitu people have legal ownership of their lands guaranteed by Nicaraguan Law 445, the ILO Convention 169, and the UN Declaration on the Rights of Indigenous People. Yet, mestizo colonists (called, colonos) from the interior and Pacific coast have invaded, and now illegally occupy, nearly half of their lands. In September 2015, violence over land conflicts erupted in the Miskitu territories of Wangki Twi-Tasba Raya and Li Aubra. These territories are located near the Coco or Wangki River, the international border between Nicaragua and Honduras.
Since September, mestizo colonists with automatic weapons have killed, injured, and kidnapped more than 80 Miskitu men with impunity. In fear for their lives, between 1-2,000 Miskitu refugees have fled to Waspam and Puerto Cabezas-Bilwi and Honduran border communities. The refugees–mainly women, children, and elders–are suffering from starvation and lack medical supplies. Children have not attended school for six months. Meanwhile, periodic attacks continue on Miskitu communities in Wangki Twi-Tasba Raya.
Much of the violence now occurring revolves around article 59 of the Communal Property Law (law 445). Article 59 requires the Nicaraguan state to complete saneamiento, the cleansing or the removal of colonists and industries from Indigenous and Afro-descendant territories. The current Nicaraguan government publically agreed to saneamiento but has not responded. Similarly, the government still has not provided protection to the Miskitu communities under attack or assistance to the refugees. As a result of the government’s delayed reaction to the crisis, the Miskitu people now suspect the Sandinista (FSLN) state to be complicit with the colonists’ invasion of their Indigenous territories.
In a separate but related issue, the FSLN government passed the Canal Law (Act 840) that approved the Chinese-backed (HKND) inter-oceanic canal to cut through the ancestral homeland of the Indigenous and Afro-descendant peoples along the Nicaraguan Caribbean coast. Tensions are rising over Indigenous territoriality and land rights, especially between the Miskitu people and President Daniel Ortega’s Sandinista government. The tense situation over land rights today bares eerie similarities to the war-torn years of the 1980s in Nicaragua, when Ortega first served as President (1985-1990) and the Miskitu fought as counter-revolutionary warriors in the Contra war within the Sandinista revolution (1979-1990).
As a US anthropologist who has worked for over twenty years with the Honduran and Nicaraguan Miskitu people, I had the opportunity to attend the 2016 United Nations Permanent Forum on Indigenous Issues (May 9-20). On Thursday, May 12, I recorded Miskitu leader Brooklyn Rivera’s intervention in the session, “Dialogue with Indigenous Peoples.” Rivera has served as the Líder Máximo (literally, Highest Leader) of the Nicaraguan Miskitu people for over 30 years; after rising to power as a military leader in the revolution and war, Rivera in 1987 founded and became the long-term director of the Indigenous organization Yatama (Yapti Tasba Masraka Nanih Aslatakanka/Sons of Mother Earth). Special thanks to Costa Rican anthropologist Fernando Montero (ABD, Columbia) for transcribing Rivera’s United Nations intervention in Spanish and translating it to the English below.
English Version
My name is Brooklyn Rivera. I am both a son and the highest leader of the Miskitu people of the Nicaraguan Muskitia. As we know, the rights of Indigenous peoples are essentially human rights. According to Article 1 of the UN Declaration on the Rights of Indigenous Peoples, Indigenous people have the right, both as peoples and as individuals, to the full enjoyment of their human rights and fundamental liberties. In my country of Nicaragua, the rights of Indigenous people have suffered severe setbacks in the last several years. Indeed, the current Sandinista government–contrary to its rhetoric in international forums and in flagrant violation of the rights of Indigenous peoples–freely acts against Indigenous peoples, advancing a consistent policy of aggression and internal colonialism.
Consider the following within the specific sphere of Indigenous peoples’ rights: the government imposes violence against our communities by means of settlers who invade ancestral territories, carrying out armed attacks, murders, kidnappings, rape, and displacement, producing refugees, most of whom are women, children, and people of old age. All this occurs in the face of governmental and institutional passivity, even complicity. Moreover, the Nicaraguan government is currently implementing a policy of militarization in our communities and fishing territories, committing murders such as that of our brother and leader Mario Lehman last September. In like manner, the government is overtly trampling on our communities’ right to ancestral autonomy by interfering with the election of their leaders according to their own practices and customs, devoting itself to destroying the structure and traditional procedures of our communities with the aim of replacing them with the so-called Sandinista Leadership Committees, part of their party structure. In this way they create and impose a spurious and noxious structure parallel to Indigenous authorities. You will understand that, by applying this policy, the government and the ruling party are fomenting division within families and communities, destroying their social fabric, cultural values and [imposing] heightened suffering and poverty. In addition, in open violation of the right to work, the Sandinista government denies jobs and government positions to Indigenous professionals and technicians, demanding that they become members of their party before considering them for these positions.
With regard to the sphere of the environment of our peoples in Nicaragua, I must first point out the dispossession of lands and territories suffered by Miskitu communities perpetrated by cattle ranchers, mining companies, and wealthy sectors linked to the government and the ruling party, who use settlers as spearheads. In this invasion, armed settlers arrive in our lands, advance the agricultural frontier, occupy extensions of territory, and destroy the habitats and ecosystems of Indigenous peoples, preying on their fauna, flora, and marine ecology. Needless to say, this extractivist policy involves the looting of ancestral communal resources such as forests, flora, mineral resources, water resources, and land itself with the illegal land sales in which settlers participate. I must also mention the promotion of megaprojects such as the interoceanic canal and the Tumarin hydroelectric dam in Awaltara, both of which violate Indigenous peoples’ right to prior, free, and informed consent. These megaprojects render entire communities vulnerable to disappearing along with their culture and language. This is the case of the Rama people, a small, vulnerable people in danger of extinction who reside in the Southern Moskitia. In the face of this crude reality and despite its demonstrated lack of political will and its disrespect for international laws and institutions—not to mention my own arbitrary, illegal expulsion from the National Parliament—once again we demand from the Nicaraguan government:
1. The immediate application of the recommendations issued last December by the UN Special Rapporteur on the Rights of Indigenous Peoples, in reference to the cleansing [“saneamiento”] of Indigenous territories and the protection of our communities in the face of settler invasion;
2. The immediate enactment of the precautionary measures suggested by the OAS’ Human Rights Commission on behalf of the Indigenous communities in the regions of Tasba Raya and Wangki Li Auhbra (location in the municipality of Waspam), approved in October 2015 and expanded in January 2016;
3. The immediate launch of a process of genuine dialogue and negotiation with Indigenous peoples via their organizations and leaders to reach real solutions based on respect for Indigenous peoples and the recognition of their dignity, as outlined in existing frameworks;
4. Finally, the immediate restitution of the undersigned as legislator, in accordance with his status as a popularly elected official put in power thanks to the votes of Indigenous peoples, whose constitutional and legal rights were violated with my arbitrary and illegal expulsion from Parliament.
I end my intervention by asking all participants, especially the Indigenous peoples in this forum, to engage in active solidarity with the Indigenous peoples of Nicaragua and their organizations as they resist and demand dignity, rights, and justice from the Sandinista government in Nicaragua.
Thank you, Mr. President.
En Espanol
Soy Brooklyn Rivera, hijo del pueblo mískitu de la Mosquitia nicaragüense y su dirigente principal. Como sabemos, los derechos de los pueblos indígenas son esencialmente derechos humanos. Como se establece en el artículo 1 de la Declaración de la ONU sobre los Pueblos Indígenas, los indígenas tienen derecho como pueblos o como individuos al disfrute pleno de todos sus derechos humanos y las libertades fundamentales. El país de donde vengo yo, Nicaragua, en los últimos años ha experimentado un grave retroceso en el ejercicio de los derechos de nuestros pueblos indígenas, recogido en el marco legal interno y externo del país. En efecto, el actual gobierno sandinista, contrario a su retórica en los foros internacionales y en abierta violación de los derechos de los pueblos indígenas reconocidos en la Constitución Política y en las demás leyes y los instrumentos internacionales suscritos, se dedica a actuar libremente en su contra impulsando toda una política de agresión y colonialismo interno.
Veamos: en el ámbito específico de los derechos humanos de nuestros pueblos indígenas, a través de los colonos invasores de los territorios ancestrales, impone una situación de violencia en contra de nuestras comunidades mediante ataques armados, cometiendo asesinatos, secuestros, violaciones y desplazamentos, produciendo refugiados, mayormente niños, mujeres y ancianos. Todo esto ocurre ante la pasividad y aun la complicidad del gobierno y sus instituciones. Más aún, el gobierno nicaragüense implementa una política de militarización de las comunidades y las áreas de pesca, en las que cometen asesinatos como en el caso del crimen del hermano dirigente Mario Lehman ocurrido en el mes de septiembre pasado. De la misma forma, el gobierno aplica un abierto atropello al derecho de autonomía ancestral de nuestras comunidades en la elección de sus autoridades basada en los usos y costumbres, cuando a través de sus turbas partidarias y con el acompañamiento de sus policías y hasta de militares, aún así sin el mínimo respeto a las leyes y formas organizativas propias, se empecina en destruir la estructura y los procedimientos tradicionales de nuestras comunidades con el fin de sustituirlos con los llamados Comités de Liderazgo Sandinista, una estructura de su partido en el poder, creando e imponiendo así una estructura espuria y nociva, paralela a las autoridades indígenas. Como comprenderán, aplicando esta política el gobierno y su partido crean división entre las familias y comunidades, destruyendo sus tejidos sociales, valores culturales y mayor sufrimiento y pobreza. Además, el gobierno sandinista en abierta discriminación al derecho al trabajo, niega a los profesionales y técnicos de los pueblos indígenas el derecho al trabajo cuando exige que debe convertir a ser miembro de su partido para ocupar cargos o empleo en el país.
En relación al ámbito del medio ambiente de nuestros pueblos en Nicaragua, debo iniciar señalando el despojo de las tierras y territorios que sufren las comunidades en la Mosquitia de parte de los terratenientes ganaderos, empresas mineras y grupos adinerados vinculados al gobierno y a su partido, utilizando a los colonos como punta de lanza. En la invasión, los colonos armados llegan a nuestras tierras, aplican un avance agropecuario, ocupan extensiones de territorio y destruyen los hábitats y los ecosistemas de los pueblos indígenas, cometiendo depredaciones ambientales en su fauna, flora y entorno marino. Lógicamente, con esta política extractivista pasa por el saqueo de los bienes comunales ancestrales tales como los bosques, la flora, los recursos mineros, los recursos hídricos y la misma tierra con el tráfico ilegal de parte de los colonos. También aquí debo mencionar el impulso de los megaproyectos tales como el canal interocéanico y el hidroeléctrico Tumarín en Awaltara, en ambos casos violentando el derecho al consentimiento previo, libre e informado de los pueblos, impulsan sus megaproyectos en los que exponen la desaparición de comunidades enteras junto con su cultura y su idioma. Tal es el caso del pueblo Rama, pueblo pequeño, vulnerable y en proceso de extinción, ubicado en la Mosquitia Sur. Ante esta cruda realidad y a pesar de su falta de voluntad política demostrada y de su irrespeto a las leyes y las instituciones internacionales, así como de mi expulsión arbitrario e ilegal del Parlamento Nacional, como un esfuerzo de solución al conflicto impuesto, una vez más exigimos al gobierno nicaragüense:
La inmediata aplicación de las recomendaciones de la Relatora Especial de las Naciones Unidas sobre los Derechos de los Pueblos Indígenas, emitidas en el mes de diciembre pasado, referentes al cumplimiento de la etapa de saneamiento de los territorios y de la protección de nuestras comunidades ante la invasión de los colonos;
El inmediato cumplimiento de las medidas cautelares presentadas de parte de la Comisión de Derechos Humanos de la OEA a favor de las comunidades indígenas de la zona de Tasba Raya y de Wangki Li Auhbra en el municipio de Waspam, y abrobadas en el mes de octubre 2015 y ampliadas en enero de 2016;
La inmediata apertura de un proceso genuino de diálogo y negociaciones con los pueblos indígenas a través de sus organizaciones y líderes que conduzcan a unas soluciones reales basadas en el respeto y el reconocimiento de la dignidad y los derechos de nuestros pueblos reconocidos en las normativas;
Finalmente, la restitución inmediata del suscrito como legislador electo popularmente con los votos de sus pueblos indígenas, violentando mis derechos constitucionales y legales con el despojo arbitrario e ilegal cometido durante mi expulsión del Parlamento.
Termino mi intervención requiriendo a todas y todos los participantes, mayormente a los pueblos indígenas de este foro, una solidaridad activa con los pueblos indígenas y sus organizaciones en Nicaragua en el marco de su resistencia y demanda de dignidad, derecho y justicia ante el gobierno sandinista en Nicaragua.
The Rama people have lived on the Atlantic Coast of Nicaragua for thousands of years, long before the existence of the nation state. Nicaragua’s Law 445 recognizes indigenous ownership of traditional lands and natural resources; but for decades, settlers from the Pacific have taken vast amounts of Rama territory causing massive deforestation and threatening the Rama way of life.
In 2013 the Nicaraguan government passed Law 840 allowing the Chinese investment firm Hong Kong Nicaragua Development to construct an interoceanic canal without any public consultation or debate. Though the government hails the project as the means to lift the nation out of poverty, hundreds of thousands of Nicaraguans would be forced from their land and the environmental impact could devastate the country’s rich ecosystem of lakes, rivers, and forests. Almost half of the 160 mile canal would cut through the Southern Atlantic Autonomous Region which is home to the Rama.
In 2014 it was announced that the proposed canal route would cut directly through the Rama village of Bangkukuk, removing the community from their land and way of life. Since then, government officials have been pressuring community members to sign land concessions without legal consultation. In response, community leaders and local officials have partnered with indigenous rights groups to combat this land grab by bringing their case to the Inter-American Court.
The film Bangkukuk is a collaboration between Art of Solidarity and village leaders aimed at sharing their story with the international community. This short trailer is just a glimpse into an upcoming feature-length documentary film that will give voice to the many communities, organizations, and activists at the front lines of the indigenous rights and anti-canal movements in Nicaragua.
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