Standing Rock Sioux Tribe and IITC file an Urgent Communication to the United Nations Citing Human Rights Violations Resulting from Pipeline Construction

Standing Rock Sioux Tribe and IITC file an Urgent Communication to the United Nations Citing Human Rights Violations Resulting from Pipeline Construction

Featured image: Dakota Access Pipeline Protest In North Dakota. Photo Credit: “No Dakota Access in Treaty Territory – Camp of the Sacred Stones” 

By International lndian Treaty Council

Ft. Yates, North Dakota, United States: On Thursday, August 18, 2016 the Standing Rock Sioux Tribe and the International Indian Treaty Council (IITC) jointly submitted an urgent action communication to four United Nations (UN) human rights Special Rapporteurs. It cited grave human rights and Treaty violations resulting from the construction of the Dakota Access crude oil pipeline in close proximity to the Standing Rock Reservation by the United States Army Corps of Engineers and Dakota Access LLC, a subsidiary of Texas-based Energy Transfer.

The Standing Rock Sioux Tribe (SRST) stands in firm opposition to the Dakota Access Pipeline. The pipeline would carry nearly half a billion barrels of crude oil a day, and would cross the Missouri River threatening the Tribe’s main water source and sacred places along its path including burials sites. The urgent communication was submitted to UN Special Rapporteurs on the situation of human rights defenders; the Rights of Indigenous Peoples; the human right to safe drinking water and sanitation; and Environment and Human Rights, as well as the Office of the UN High Commissioner for Human Rights. It requests that they urge the United States to halt the human rights violations and uphold its human rights and Treaty obligations to the Standing Rock Tribe. It was also forwarded to key officials in the U.S. State Department, Department of Interior and the White House.

The urgent communication focuses on violations of the UN Declaration on the Rights of Indigenous Peoples, the 1868 Ft. Laramie Treaty and other International human rights standards to which the United States is obligated. It also cites actions against human rights defenders, including arrests and other forms of intimidation, violations of the human right to water, and lack of redress and response using domestic remedies. The submission noted that this action violates Article 32 of the UN Declaration on the Rights of Indigenous Peoples, which affirms the obligation of States to obtain Indigenous Peoples’ free prior and informed consent before development projects affecting their lands, territories or other resources are carried out. The Lakota and Dakota, which includes the SRST, were part of the Sovereign Sioux Nation, which concluded the 1868 Ft. Laramie Treaty with the United States. The United States has legally-binding obligations based on this Treaty to obtain the Lakota and Dakota’s consent before activities are carried out on their Treaty lands.

The urgent communication also highlights environmental racism in violation of the International Convention on the Elimination of all Forms of Racial Discrimination Convention (ICERD) to which the US is legally obligated. It notes that the United States has permitted Energy Transfer to divert the pipeline’s route from near the mainly non-Indigenous population of Bismarck, ND to disproportionately impact the SRST.

A primary concern expressed by the Tribe is potential devastating effects on its primary water source. SRST Chairman Dave Archambault II, who was among those arrested and is also being sued by the company for obstructing the pipeline’s construction, stated on August 15th “I am here to advise anyone that will listen, that the Dakota Access Pipeline is harmful. It will not be just harmful to my people but its intent and construction will harm the water in the Missouri River, which is the only clean and safe river tributary left in the United States.”

In response to the Tribe’s opposition, Dakota Access LLC, the developers of the $3.8 billion, four-state oil pipeline, has waged a concerted campaign to criminalize and intimidate Tribal leaders, Tribal members and their supporters who have consistently been peaceful and non-violent. The IITC and SRST are calling upon the UN Rapporteur on Human Rights Defenders to call upon the United States to immediately cease all arrests and other forms of intimidation, drop any pending lawsuits, and ensure that all legal charges against these human and Treaty Rights defenders be lifted. The urgent action communication cited this case as an example of the criminalization of Indigenous human rights defenders around the world, as noted by various UN bodies.

Despite 28 arrests reported to date, the peaceful protesters have succeeded in temporarily halting the pipeline’s construction. A hearing is currently scheduled for next week in federal court to consider the Tribe’s request for an injunction. Construction has reportedly been halted until the hearing, providing an important initial victory for the Tribe and their supporters.

The joint urgent UN communication requests the intervention of these UN human rights mandate holders to call upon the United States to uphold its statutory, legal, Treaty and human rights obligations and impose an immediate and ongoing moratorium on all pipeline construction until the Treaty and human rights of the Standing Rock Sioux Tribe, including their right to free prior and informed consent, can be ensured.

Editor’s note: for more current news on the Dakota Access Pipeline, see U.S. Government Bans Native American Tribe From Protesting On Their Own Land – Send In Police To Remove Protesters and Dalrymple signs emergency declaration to manage public safety at Dakota Access Pipeline protest near Cannon Ball

News round-up: fossil fuel trains, Santa Barbara chapter, report from England, supporting underground resistance

News round-up: fossil fuel trains, Santa Barbara chapter, report from England, supporting underground resistance

Federal Agents Went Undercover To Spy on Anti-Fracking Movement, Emails Reveal

Federal Agents Went Undercover To Spy on Anti-Fracking Movement, Emails Reveal

Featured image: Break Free protesters at a fracking site in Colorado on May 14. (Photo: Christian O’Rourke/Survival Media Agency)

By Steve Horn and Lee Fang / The Intercept

When more than 300 protesters assembled in May at the Holiday Inn in Lakewood, Colorado — the venue chosen by the Bureau of Land Management (BLM) for an auction of oil and gas leases on public lands — several of the demonstrators were in fact undercover agents sent by law enforcement to keep tabs on the demonstration, according to emails obtained by The Intercept.

The “Keep it in the Ground” movement, a broad effort to block the development of drilling projects, has rapidly gained traction over the last year, raising pressure on the Obama administration to curtail hydraulic fracturing, known as fracking, and coal mining on federal public lands. In response, government agencies and industry groups have sharply criticized the activists in public, while quietly moving to track their activities.

The emails, which were obtained through an open records act request, show that the Lakewood Police Department collected details about the protest from undercover officers as the event was being planned. During the auction, both local law enforcement and federal agents went undercover among the protesters.

The emails further show that police monitored Keep it in the Ground participating groups such as 350.org, Break Free Movement, Rainforest Action Network, and WildEarth Guardians, while relying upon intelligence gathered by Anadarko, one of the largest oil and gas producers in the region.

“Gentlemen, Here is some additional intelligence on the group you may be dealing with today,” wrote Kevin Paletta, Lakewood’s then-chief of police, on May 12, the day of the protest. The Anadarko report, forwarded to Paletta by Joni Inman, a public relations consultant, warned of activist trainings conducted by “the very active off-shoot of 350.org” that had “the goal of encouraging ‘direct action’ such as blocking, vandalism, and trespass.”

The protesters waved signs and marched outside of the Holiday Inn. The auction went on as planned and there were no arrests.

“I believe the BLM reached out to us,” Steve Davis, the public information officer for the Lakewood police, told The Intercept about preparations for the protest. He added that the protest was “very peaceful.”

“Our goal is to provide for public safety and the safety of our employees,” says Steven Hall, the BLM Colorado Communications Director, when asked about the agency’s undercover work. “Any actions that we take are designed to achieved those goals. We do not discuss the details of our law enforcement activities.”

BLM reimbursed the Lakewood police for costs associated with covering the protest, the emails and a scanned copy of the check show.

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Police officers block the entrance to the Bureau of Land Management auction at the Holiday Inn of Lakewood, Colorado, May 12, 2016. Photo: Olivia Abtahi/Survival Media Agency

Aggressive Stance

Despite a relatively uncontroversial protest, the tactics revealed by the emails, recent public statements, and other maneuvers suggest that the federal government is beginning to take a more aggressive stance toward the Keep it in the Ground movement.

“I’m really wondering what more the BLM is up to,” said Jeremy Nichols, a climate and energy program director for WildEarth Guardians. “Some of the emails indicate more extensive intel gathering on their end.”

“Why are climate activists, who are only calling on the BLM to follow President Obama’s lead and heed universally accepted science, facing this kind of uphill response?” Nichols asked rhetorically. “It’s a shame that the BLM has turned climate concerns into a law enforcement issue instead of a genuine policy discussion.”

During a congressional hearing in March, Neil Kornze — the agency’s Director and former senior policy advisor for U.S. Senate Minority Leader Harry Reid — appeared to compare the anti-fracking activists to the armed anti-government militia members who occupied the Malheur National Wildlife Refuge in Oregon.

“We have had a situation where we have had militia; we’ve had people raising arms at different times. We are on heightened alert and we are concerned about safety. And so a situation that we are not used to, separating out who is a bidder and who is not, gives us pause,” Kornze said, explaining to GOP congressman that his agency faced “abnormal security” concerns.

The bureau maintains its own force of special agents to investigate crimes committed on public lands. The website for the agency notes that “investigations may require the use of undercover officers, informants, surveillance and travel to various locations throughout the United States.”

Broader Trend

In recent years federal and private sector groups have poured resources into surveilling environmental organizations.

In 2013, The Guardian revealed that the FBI had spied on activists organizing opposition to the Keystone XL pipeline. The agency “collated inside knowledge about forthcoming protests, documented the identities of individuals photographing oil-related infrastructure, scrutinized police intelligence and cultivated at least one informant.” The FBI later confirmed that the investigation violated its own guidelines.

In 2011, an executive with Anadarko boasted that his company was deploying military-like psychological warfare techniques to deal with the “controversy that we as an industry are dealing with,” calling the opposition to the industry “an insurgency.”

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Protestors gather inside the Holiday Inn of Lakewood, Colorado to protest the auctioning of public lands for oil and gas companies, May 12, 2016. Photo: Olivia Abtahi/Survival Media Agency

Online Auctions to “End the Circus”

The focus on preventing the leasing of public lands for fracking gained national headlines in 2008 when activist Tim DeChristopher successfully bid on 22,000 acres of oil and gas land in Utah. DeChristopher, who served two years in prison, did not intend to pay but won the bid in order to disrupt the auction and call attention to the leasing program. That pricing regime allows private corporations to pay deeply discounted rates — as little as $1.50 per acre — for drilling rights.

In 2009, the U.S. Department of Interior’s Office of Inspector General released a report calling on the bureau to do a study on “which auction process is best suited for oil and gas leases” in order to prevent the next Tim DeChristopher, whose action landed an explicit mention in the report’s introduction. An email exchange from the day before the Lakewood Holiday Inn action shows both a Lakewood police officer and BLM officer on high alert about the possibility of another DeChristopher-type action taking place. Among the choices laid out in the report as a possible new bidding method was online bidding.

Just days after the Lakewood protest, Kathleen Sgamma — a lobbyist for industry-funded group Western Energy Alliance — advocated for online bidding as a means to “end the circus.” In a May 18 email, BLM Office of Law Enforcement Special Agent-in-Charge Gary Mannino thanked Lakewood Police Chief Kevin Paletta for his department’s help and conveyed that public auctions could soon become a thing of the past.

Congress has followed suit. On June 24, Rep. Alan Lowenthal, D-Calif., and Rep. Garret Graves, R-La., introduced Innovation in Offshore Leasing Act (H.R. 5577), which calls for online bidding for oil and gas contained in waters controlled by the federal government. On July 6, the U.S. House Subcommittee on Energy and Mineral Resources held a hearing on the bill and it has since passed out of the House Natural Resources Committee.

While the oil and gas industry has come out in support of online bidding, and one contractor in particular named EnergyNet stands to profit from such an arrangement, several environmental groups issued a statement decrying the shift toward online bidding. EnergyNet, whose CEO testified at the June 24 congressional hearing, will oversee a September 20 BLM auction originally scheduled to unfold in Washington, D.C.

Two recently-released studies concluded that phasing out fossil fuel leases on public lands is crucial for meeting the 2° C climate change temperature-rise goal, with one concluding that even burning the existing fossil fuels already leased on public lands would surpass the 2° C goal. After the release of those two studies, environmental groups filed a legal petition with the Interior Department calling for a moratorium on federal fossil fuels leases.

Cultural Genocide, Language Revitalization, and the International Campaign Against Occidental Petroleum

Cultural Genocide, Language Revitalization, and the International Campaign Against Occidental Petroleum

By Jake Ling / Intercontinental Cry

This is the third installment of “The Guardians of Mother Earth,” an exclusive four-part series by Intercontinental Cry examining the Indigenous U’wa struggle for peace in Colombia.

Featured image: U’wa children are now taught their native language in the resguardo’s bilingual schools, as well as lessons in Natural Law: how to protect, care and safeguard Mother Earth. Photo: Jake Ling

In the cloud forests on the eastern cordillera of the Colombian Andes there is no internet, and phone reception is limited to a few lookouts on the craggy cliffs above the tree line. As news from the U’wa mobilization in the paramos surrounding the sacred Mount Zizuma filter down to the base of the mountain range in the Boyacá Frontier District on the Venezuelan border, Berito rests in his wooden shack recovering from tuberculosis. As he slowly convalesces, the indigenous leader has time to reflect on the struggle that has defined much of his life and can take pride in this next generation of pacifist U’wa warriors who have taken up the fight to save Mother Earth in his absence.

“When we start to educate, we need to educate two worlds,” Berito told IC. “One is of the west through its books, then there is the harmonious civilization of the spiritual, our own culture, which teaches peace with the environment and the house of nature.”

Education has been a key strategy to the U’wa leadership to ensure the tribe’s survival into the 21st century. Berito learned the importance of educating U’wa children about Natural Law, which predates and takes precedent over the laws of men, as the result of a childhood trauma: as a young boy, he was kidnapped by Catholic missionaries and forced to live in a convent until, after several years, his mother rescued him. The missionaries named him Roberto Cobaria, after the Cobaria river that ran past the mission. This arbitrary name followed him for most of his life as it was the name officially recognized by the Colombian government.

The 450 meter bridge that crosses the Cobaria River is what separates Berito's house on the eastern border of the resguardo and the Catholic mission that once held him against his will. Photo: Jake Ling

The 450 meter bridge that crosses the Cobaria River is what separates Berito’s house on the eastern border of the resguardo and the now reformed Catholic mission that once held him against his will. Photo: Jake Ling

The massive wooden convent that held the young Berito had enough rooms to house priests, nuns, cooks, cleaners, and at least 80 other abducted U’wa children. Today, however, this place that once perpetuated the cultural genocide of the U’wa has been transformed into a school that teaches their native language inside its classrooms with murals depicting their ancient mythology decorated along the walls. In the playground the unruly grass and patches of moss and lichens cover the cracked base of a neglected statue of the Virgin Mary, but the intergenerational scars left by the missionaries are evident in the survivors and their families.

“They took my mother when she was 6 or 7 years old and kept her there for about 16 years,” Luis Eduardo Caballero, the Fiscal (legal representative) of the U’wa Peoples, told IC. According to Caballero, the Catholic Church invaded from opposite ends of U’wa territory in the late 1940’s via the Andean plateaus of Boyacá as well as the lowlands beside the Cobaria and Arauca rivers. A rival evangelical organization called the Summer Institute of Linguistics, located a short drive outside of U’wa territory, was also involved in the systematic kidnapping of indigenous children.

“They prohibited our rituals, our fasts, our celebrations called the dance,” said Caballero, adding that the missionaries lured the children away under the guise of providing free education. Those inside the convent who spoke their native language were punished. “They weren’t able to make my mother stop speaking U’wa, but many others, yes.”

The Catholic mission that once perpetuated the cultural genocide of the U’wa has been transformed into a school that teaches the U'wa native language. Photo: Jake Ling

The Catholic mission that once perpetuated the cultural genocide of the U’wa has been transformed into a school that teaches the U’wa native language. Photo: Jake Ling

Murals depicting their ancient mythology are now decorated along the walls of the reformed Catholic mission. Photo: Jake Ling

Murals depicting their ancient mythology are now decorated along the walls of the reformed Catholic mission. Photo: Jake Ling

As Berito grew to adulthood, he served as the governor of the U’wa and became a spiritual authority or Werjayá in the U’wa tongue, a shamanic healer in charge of communicating with the superior powers that inhabit nature: the rivers, the plants, the sun, and the stars. His childhood experience in the convent galvanized him to take the fight for his people’s rights outside the isolated cloud forests to the capital Bogotá and then beyond Colombia’s borders. It was only until December of last year, that Berito traveled to a judicial office in the capital to officially change his name from Roberto Cobaria, that which was placed on him by the Catholics, to Berito KuwarU’wa KuwarU’wa, the name used by his people.

The leaders significance as an influential elder statesmen for Colombia’s Indigenous Peoples has not gone unremarked. “Berito taught Colombia’s indigenous people and the world the importance of the globalization of resistance, how to defend the beloved Earth and how to fight against climate change.” said Luis Fernando Arias, the Chief Councilor of the National Indigenous Organization of Colombia (ONIC).

“Internationally, Berito is the most well-recognized face of the U’wa struggle.” said Andrew Miller, who accompanied the U’wa leader with Amazon Watch to meet Avatar director James Cameron in his Los Angeles living room. “Especially in the late 1990’s, Berito was a global ambassador of the U’wa’s beautifully poetic cosmology that captured many people’s imaginations. He struck up a bond with Terry Freitas, the young activist who helped galvanize the international movement in support of the U’wa, as well as people like Atossa Soltani, Amazon Watch’s founder.”

Terence Freitas was the co-creator and coordinator of the U’wa Defense Working Group that was essential in drumming up international support for the U’wa. The young activist transformed his bedroom at his mother’s house into the de-facto HQ for the U’wa’s international campaign against Occidental Petroleum in the late 1990’s. Even his mother was unaware of the extent of her son’s involvement until one morning she found Berito, the leader of 7,000 indigenous people from the isolated paramos and cloud forests of eastern Colombia, sleeping on the living room floor of her suburban Los Angeles home.

“I noticed that he immediately bonded with Roberto, there was a link between them,” said Francois Mazure from the EarthWays Foundation that hosted Berito during his visit to Los Angeles. “Roberto was the father and Terry was the son.”

In 1997, after meeting with the directors of Occidental Petroleum in Los Angeles, Berito was kidnapped on his return to Colombia by gunmen who tried to force him to sign a drilling agreement. He refused and they beat him. In 1998, Freitas accompanied Berito to Al Gore’s office to meet the environmentalist vice president after the U’wa leader was awarded the Goldman Environmental Prize. Unfortunately Al Gore, whose father sat on the board of Occidental Petroleum and owned a small fortune in the company’s shares, never pressured Oxy publicly.

A year later Berito invited Freitas and two native American activists, Lahe’enda’e Gay and Ingrid Washinawatok, to help set up schools to protect the U’wa language and culture and defend their way of life from the oil industry. Washinawatok was a world-renowned 41-year-old indigenous activist known as Flying Eagle Woman of the Menominee Nation of Wisconsin and a rising leader in the struggle for indigenous rights. She also directed the Fund for the Four Directions, which promoted the revitalization of indigenous languages and cultures. Lahe’ena’e Gay was a 39-year-old member of Hawaii’s Kanaka Maoli Nation, as well as the founder and director of the Pacific Cultural Conservancy International, which works to preserve cultural and biological diversity.

Freitas knew the risks. On a trip to U’wa territory a year earlier he reported being observed and followed on various occasions by individuals he believed were paramilitaries. During that same trip he was stopped by the Colombian military and forced to sign a declaration that absolved the army of any responsibility for his security. He interpreted the act as a threat. The shared vision of Berito, Freitas, Gay and Washinawatok to develop schools to teach the next generation of U’wa children a non-colonial curriculum; alongside lessons on Natural Law, which was set down by the divine spirit Sira entrusting the U’wa with the guardianship of Mother Earth, outweighed the risks.

As Berito guided the three activists on their way to the airport to leave Colombia, they were kidnapped by masked gunmen. While the U’wa leader was immediately released, the bodies of the activists were found a week later bound and blindfolded with multiple gunshot wounds in a Venezuelan cow field over the Arauca river.

Because the FARC was then in preliminary peace talks in the late 1990’s, presaging more recent events, the guerrilla group appeared to have little to gain and much to lose from the kidnapping and executions. Indeed, the FARC high command was quick to deny complicity, in order to protect those fragile peace talks.

The armed men at the road block where the group were kidnapped also did not fit the profile of the local FARC – they were allegedly much younger, not dressed in fatigues, and had their faces covered – leading some to wonder if they were a rogue group opposed to the peace accords. The stretch of highway through Arauca province where the group had been traveling was dominated by the paramilitaries, who at the time had been waging a campaign of extermination against trade union leaders, human rights activists and suspected guerrilla collaborators. Eventually, however, a rebel commander from the guerrillas acknowledged: “Commander Gildardo of the FARC’s 10th Front found that strangers had entered the U’wa Indian region and did not have authorization from the guerrillas. He improvised an investigation, captured and executed them without consulting his superiors.”

Washinawatok’s Menominee Nation and various other U.S. indigenous rights groups accused the U.S. State Department of destabilizing their own negotiations with the FARC for the release of the activists, which they had believed would be imminent. During the failed peace talks of the 1990’s, the US State Department had released $230 million in military aid to the Colombian army, and fighting in the north between the army and their right wing paramilitary allies against the FARC had left 70 people dead on both sides.

Meanwhile, Occidental Petroleum wasn’t just spending millions to lobby the U.S. government to increase military aid to Colombia – it was providing direct financial and logistical support to the Colombian military. The oil giant was also funding private security firms like Air-Scan, which carried out the cluster-bombing massacre of Santo Domingo on Occidental’s behalf, as well as the paramilitary death squads involved in kidnapping, torture, extrajudicial killings and massacres of civilians across the region.

Most surprisingly, however, was the U.S. multinationals’ links with Colombia’s marxist guerrillas, confirmed when Oxy Vice-President Lawrence Meriage gave testimony before the U.S. House of Representatives in 2000. He admitted that Occidental employees regularly made payments to members of the FARC and ELN. Meriage’s acknowledgement of Oxy’s work relationship with the guerillas came three years after the ELN and FARC were declared “Foreign Terrorist Organizations” in 1997, making it a crime to provide material support to these groups.

Meriage’s testimony was also consistent with the actions and admissions by long-time Occidental leader Armand Hammer, who reports in his biography how Occidental’s Latin American security chief, former FBI employee James Sutton, was fired when he spoke out against the company’s payments to the ELN. “We are giving jobs to the guerrillas…” Hammer told the Wall Street Journal in 1985 “…and they in turn protect us from other guerrillas.”

An investigation by the LA Times found that Occidental Petroleum was funneling millions of dollars to the ELN guerillas as well as jobs and food for their members. “The rebels used the money to gain new recruits and weaponry,” the LA times stated, claiming the ELN were on the verge of being wiped out by the Colombian military in the early 80’s before receiving Oxy’s financial backing. “In effect, Occidental rescued the group that later turned against it.”

After his passing, Freita’s former girlfriend lashed out at Oxy in a letter to Vice President Al Gore, referring to the company’s friendly links with the guerrillas. Berito later testified to Amnesty International and the Inter-American Commission on Human Rights to complain about the incident that took the life of three of the U’wa People’s greatest friends and allies. An article in the LA Weekly eulogizing the young activist after his death stated: “In May 1997, Freitas met the man who would change the course of his life: U’wa leader Roberto Cobaria.” Terry Freitas was 24 years old when he was executed.

The international campaign against Occidental Petroleum soon hit critical-mass. With many still reeling over the death of the three activists, protests against the oil giant were launched in London, Hamburg, Lima, Nairobi and several cities across the United States. The U’wa leader Berito Cobaria once again traveled from the cloud forests of eastern Colombia to the west coast of California where he planned to challenge Oxy CEO Ray Irani at the company’s annual shareholder meeting. Meanwhile as Occidental Petroleum funded all sides of Colombia’s brutal civil war, the flow of hundreds of millions of dollars of crude oil to the Caribbean coast continued.

 

Indigenous U’wa Struggle for Peace in Colombia

Indigenous U’wa Struggle for Peace in Colombia

This is the first installment of “The Guardians of Mother Earth,” a four-part series examining the Indigenous U’wa struggle for peace in Colombia.

On September 23, 2015, in the Palace of Conventions in Havana, Cuba, his excellency Juan Manuel Santos, the President of the Republic of Colombia, and Commander Timoleon Jimenez, Chief of General Staff of the Revolutionary Armed Forces of Colombia, signed an agreement on transitional justice and reparations to the victims of the country’s 51 year old civil war, resolving one of the final points in the country’s peace negotiations.

“We are adversaries, we come from different sides, but today we move in the same direction,” said President Santos, “this noble direction that all societies can have, is one of peace.”

In a show of unity, the warring parties all wore white-collared shirts without ties, as they sat on opposite sides of the brown mahogany tables encircling an artificially bright-green shrubbery arrangement. Around the room’s perimeter stood a throng of reporters, crowded together behind a red rope line, snapping photos of the historic handshake between the president and the leader of the country’s largest guerrilla army. A prolonged war that has killed more than 260,000 people and victimized and displaced seven million more seemed to be drawing to an end.

Among the victims of the conflict are the Indigenous Peoples of Colombia. Of the 102 tribal nations in existence today more than half are at risk of disappearing – forced displacement and mining on indigenous territory during the armed conflict have contributed heavily to the widespread demise.

A progressive genocide of negligence and privation is also taking place. The Indigenous Peoples of Colombia are routinely denied basic commodities such as antibiotics, vaccines and clean drinking water that residents of big cities take for granted, not because the country’s indigenous have been targeted for extermination, but because they have become politically insignificant.

During the Havana peace accord, the indigenous nations who trace their Colombian heritage back thousands of years, from before the time of the Spanish conquest, were not mentioned once.

Inside a wooden shack in the isolated cloud forests of eastern Colombia, three kilometers west of the Arauca river on the Venezuelan border, Berito Cobaria, the internationally recognized leader and spiritual guide of the indigenous U’wa, points out the shades on the x-ray scan of his chest. It shows the same strain of tuberculosis that is ravaging his people.

Berito X-ray. Photo: Jake Ling

Berito X-ray. Photo: Jake Ling

The single-story hospital in Cubará, the nearest town on the river, is poorly equipped and understaffed. Visits from medical specialists are rare because the hospital is located in the “Red Zone” – conflict areas the Colombian government has declared dangerous due to the heavy concentration of guerrilla forces.

“The government needs to establish a tuberculosis clinic in Cubará,” Berito told IC. He confirmed he is slowly overcoming the deadly disease but despairs for his people as the tuberculosis outbreak rapidly spreads throughout the U’wa Nation’s ancestral lands.  The U’wa believe there needs to be harmony in the world for there to be harmony in the cosmos, but the balance of nature has been disturbed and a sickness has fallen upon Berito’s people. Infectious western diseases such as influenza, dysentery, tuberculosis, and the common cold continue to wreak havoc on the unaccustomed immune systems of the U’wa, who up until the late 1940’s lived an isolated existence on the forested cliffs and the remote Andean wetlands and cloud forests of eastern Colombia.

Beginning on February 13th, 2016, Colombia’s second largest guerrilla army, the ELN (Army of National Liberation) imposed a 72-hour armed strike inside Red Zones like Cubará and other towns that border U’wa territory. Under the threat of violence, all stores and businesses in Cubará were closed, the roads were empty and lucky members of the Colombian military got three days’ rest in fortified outposts while their colleagues searched for explosives laid along Highway 66. Despite their dominance in the frontier towns along the Venezuelan border, even the ELN needs to gain permission from indigenous authorities like Berito to enter the ancestral lands of the U’wa. Known as the United U’wa Resguardo, the territory is restricted to all outsiders.

A day after the ELN’s armed strike was lifted, U’wa families on their way to Cubará to stock up on supplies of bread, sugar, eggs and tobacco were traveling barefoot or on the backs of pickup trucks past Berito’s home, which stands sentinel on the eastern border of the resguardo. Ten minutes away at the border town, Colombian soldiers had returned from their outposts to patrol the streets. Stores were serving clients, and locals walked openly with white plastic shopping bags, acts that had been banned and punishable by death during the armed strike. The only trace of the armed strike was the ubiquitous graffiti scrawled on buildings around town: “ELN – 51 YEARS OF RESISTANCE”.

Historically, U’wa territory has been of strategic importance to the Marxist guerrillas because it connects the contraband routes from Venezuela over the Arauca river to the central Andes of Boyacá province, a short drive from the capital Bogotá. Unarmed outside of the agricultural tools they use to cultivate staple crops of yucca, plantains and potatoes, the U’wa authorities will reluctantly grant permission to the ELN to pass through the resguardo on the strict condition they do not set up camp inside their territory. In return the ELN respect U’wa sovereignty, will not enter without permission and will not stop until they have traversed the steep and extremely difficult climb out of the cloud forests and cross the western border of the resguardo, below the snow-capped mountains of the Sierra Cocuy and Güicán.

This region, which is rich in lucrative oil and gas reserves, is also of great strategic importance to the United States’ and Colombian governments, multinationals like Houston-based Occidental Petroleum and Spanish oil giant RepSol, as well as the right-wing paramilitary death squads, which have been historically allied with the central government and big business.  For the U’wa Peoples, however, oil is the sacred blood of their Mother Earth, and without its blood their mother will die.  For more than two decades U’wa have mobilized aggressive non-violent campaigns to assert more control over their ancestral territory in the midst of one of the most troubled regions of the Colombian Civil War, but it was their struggle against Occidental Petroleum (called Oxy for short) that gained international attention in 1997, when Berito declared that his people “would rather die, protecting everything that we hold sacred, than lose everything that makes us U’wa.”

Oil blocks on U'wa territory. Map by Fidel Mingorance / HREV 2014

Oil blocks on U’wa territory. Map by Fidel Mingorance / HREV 2014

As Oxy pushed into the U’wa’s ancestral lands, the indigenous nation collectively threatened to commit mass suicide by leaping off a 15,000-foot cliff if drilling on their territory went ahead.  This was not a publicity stunt. U’wa tribal lore tells of their people walking off the “Cliffs of Glory” en masse centuries ago rather than submit to the brutal Spanish conquistadors. The U’wa set up a makeshift village beside Occidental Petroleum’s Gibraltar 1 drilling site, and were clubbed, tear-gassed, threatened with rape, evicted, arrested, and harassed by state security forces on behalf of Oxy. A year later in 1998, Berito was given the prestigious Goldman Environmental Prize for leading the non-violent campaign against Occidental Petroleum – the same year the US multinational was complicit in the cluster-bombing of a countryside agricultural community, killing 18 civilians including 9 children, near the resguardo’s south-eastern border, in order to protect the Caño-Limon-Covenas oil pipeline.

The pipeline, jointly run by state-owned Ecopetrol and US-based Occidental Petroleum, pumps up to 220,000 barrels of crude daily from the war-torn Arauca province through U’wa territory on its way to the Caribbean coast. It was also the beneficiary of $100 million US military aid that was granted to the Colombian army in 2003, after Occidental Petroleum spent $4 million lobbying the US government to protect it. The ELN, and their ideological ally, the FARC, have bombed the pipeline more than a thousand times. The consecutive attacks over decades have spilt millions of barrels of cancerous unprocessed crude into the rivers and forests of the region, exponentially more than that of the Exxon Valdez environmental disaster.

In a separate bombing incident in March 2014, the U’wa refused to permit repairs to the pipeline until the government began dismantling the Magallanes drilling site on the northern border of the U’wa resguardo, which Ecopetrol had set up in secret months earlier. The Wall Street Journal reported the Colombian government lost $130 million during the 40-day U’wa protest, which was resolved by dismantling the new drilling rig. Ecopetrol has not cancelled the mining license, however, and the threat of exploitation remains. The most recent attack on the pipeline was a twin bomb attack by the ELN on March 15th, 2016, a week before the deadline to finalize the preliminary peace agreement that President Santos and Commander Timoleon Jimenez had agreed to six months earlier in Havana.

As the March 23rd deadline came and went without even a symbolic gesture of unity, both the FARC and government blamed each other for stalling. A week later the government saved face by announcing to the press it had entered formal peace talks with the ELN, but the country’s second-largest guerrilla army watered down public optimism by stating negotiations would not stop them from attacking critical government infrastructure, which include mining assets in the region and oil concessions surrounding U’wa territory such as Oil Block Cor 19 and Cor 45 which extend across the west and north-west of the resguardo; the Arauca oil block; and  RepSol and Integra Oil drilling rigs on the resguardo’s eastern border. There is also  Ecopetrol’s Siriri Oil Block, which along with Caño-Limon-Covenas is located in the north of U’wa territory.

A small fraction of a percent of the money rolling in from this multi-billion dollar mining bonanza would be more than enough to fund schools, provide fully-stocked healthcare facilities and install piping to provide clean drinking water for every indigenous and rural community in the region. In one isolated U’wa school inside the resguardo, four computers generously donated by the Colombian government gather dust because there is no electricity; here many of U’wa children are malnourished with swollen bellies because a non-native parasitic worm has contaminated the water supply. In a tin-roofed shack that serves as a hospital in Chuscal on the other side of the resguardo, the head nurse complains of the difficulty of caring for patients suffering from tuberculosis and dysentery because of a lack of vaccines, antibiotics and even clean drinking water after an oil spill contaminated the river.

Now while the international community is openly discussing buzzwords like “Peace Colombia” and “post-conflict” in anticipation of a historic peace agreement between the FARC and government, the U’wa people are demanding high-level talks with the government to address their various grievances. The government response has thus far been to ignore the U’wa, or to invite an indigenous delegation to Bogotá where low-level bureaucrats with no authority merely shuffle papers and nod their heads. Meanwhile, the tuberculosis outbreak continues to spread across U’wa territory.

The U’wa, who call themselves the people who know how to think and speak, consider themselves the Guardians of Mother Nature, and large tracts of land inside their territory have become biological reserves for jaguars, spectacled bears, as well as a kaleidoscopic array of endemic plant and bird life that do not appear anywhere else on the planet.  As an ambassador for his tribe, Berito has traveled the world recruiting the support of activists of all stripes, from the late Terry Freitas, native American activists Ingrid Washinawatok and Lahe’enda’e Gay, to the founder of Amazon Watch Atossa Soltani, and Hollywood celebrities like Avatar director James Cameron.

The indigenous leader knows that the ability of his pacifist tribe of 7,000 people to defend themselves against these extremely powerful economic and political forces is limited. This is especially true while numerous multinationals and armed groups battle for control around and sometimes inside his people’s land hidden from the eyes of the international community beneath the forest canopies. Non-violence, however, needs an audience and once again the U’wa leader is calling upon the world to watch over his people.

“History is its own kind of law,” Berito said. “They say the land is dead, but it lives yet. It is only wounded by the taking of oil. The dignity of native peoples comes from the land – and like the land it can be saved.”

The second installment in this series examines the U’wa struggles against tuberculosis, parasitic worms, climate change and threats of violent paramilitary repression. You can read it here: They say the land is dead, but it lives yet