Editor’s note: The first Rights of Nature lawsuit in the US was filed on September 25, 2017, in Denver, Colorado. The full text of the complaint can be found here.
In the war for social and environmental justice, even the best lawyers rarely serve as anything more than battlefield medics.
They do what they can to stop the bleeding for the people, places, and causes suffering on the front lines, but they do not possess the weapons to return fire in any serious way. Lawyers lack effective weapons because American law functions to protect those in power from the rest of us; effective legal weapons are, quite literally, outlawed.
Nonetheless, understanding the limits of the law to affect change through my experiences as a public defender, I recently helped the Colorado River sue the State of Colorado in a first-in-the-nation lawsuit — Colorado River v. Colorado — requesting that the United States District Court in Denver recognize the river’s rights of nature. These rights include the rights to exist, flourish, regenerate, and naturally evolve. To enforce these rights, the Colorado River also requests that the court grant the river “personhood” and standing to sue in American courts.
Four of my comrades in the international environmental organization Deep Green Resistance (DGR) and I, are listed as “next friends” to the Colorado River. The term “as next friends” is a legal concept that means we have signed on to the lawsuit as fiduciaries or guardians of the river. I also serve, with the brilliant Deanna Meyer, as one of DGR’s media contacts concerning the case.
Several times, I’ve been asked whether I think our case is going to win. We have provided, in the complaint we filed, the arguments the judge needs to do the right thing and rule in our favor. In this sense, I think we can win. And, if we do win, the highly endangered Colorado River will gain better protections while the environmental movement will gain a strong new legal weapon to use in defense of the natural world.
But, when has the American legal system been concerned with doing the right thing? While every ounce of my being hopes we win, if we lose, I want you to know why. I want you to be angry. And, I want you to possess an analysis that enables you to direct your anger at the proper targets.
***
The Community Environmental Legal Defense Fund (CELDF) does incredible work to demonstrate how the American legal system is stacked against us. CELDF began as a traditional public interest law firm working to protect the environment. They fought against industrial projects like waste incinerators and dumps only to encounter barriers in the legal system put in place by both government and corporations.
According to CELDF, government and corporations “developed a structure of law which – rather than focused on protecting people, workers, communities, and the environment – was instead focused on endless growth, extraction, and development.” This structure is “inherently unsustainable, and has, in fact, made sustainability illegal.”
The current structure of law forces us into what CELDF calls the “Box of Allowable Activism.” The Box is formed by four legal concepts that have so far proven to be unassailable. Those concepts are state preemption, nature as property, corporate privilege, and the regulatory fallacy. State preemption removes authority from local communities by defining the legal relations between a state and its municipalities as that of a parent to a child. Local communities are not allowed to pass laws or regulations that are stricter than state law.
Currently, nature is defined as property in American law. And, anyone with title to property has the right to consume and destroy it.
As CELDF notes, “this allows the actions of a few to impact the entire ecosystem of a community.” To make this worse, corporations – who own vast tracts of nature – are granted, by American courts, corporate rights and “personhood.” Corporate personhood gives corporations the power to request enforcement of rights to free speech, freedom from search and seizure, due process and lost future profits and equal protection under the law.
Finally, CELDF explains that “the permitting process, and the regulations supposedly enforced by regulatory agencies, are intended to create a sense of protection and objective oversight.” But, while water continues to be polluted, air poisoned, and the collapse of every major ecosystem on the continent intensifying, we must conclude that this protection is not happening.
Regulatory agencies give permits. By definition, they provide permission to destructive activities. CELDF states, “When they issue permits, they give cover to the applicant against liability to the community for the legalized harm.”
***
I went to law school at the University of Wisconsin-Madison and became a public defender in Kenosha, WI because I thought I could push back against the institutional racism of the American criminal justice system. Just like CELDF learned working through traditional environmental law, I learned quickly that my hands were tied by the legal structure, too.
Something similar to CELDF’s “Box of Allowable Activism” exists in criminal law. Prosecutors overcharge. For example, I represented a single mother of three charged with six counts of theft despite the total value of what she was accused of stealing amounting to less than $30 — one count for the bag of rice, one for the butter, one for the salt, one for the pack of chicken breasts, one for the onion, and one for the garlic.
Then, prosecutors offer plea deals taking advantage of a defendant’s rational self-interest and fear. In my previous example, the prosecutor offered to dismiss four of the six counts of theft and recommend 30 days in jail if my client pled guilty to two counts, the rice and chicken. When the prosecutor made her offer, she reminded my client that not taking the deal meant facing a long trial process while risking conviction on all six counts and being exposed to two years in jail.
Defense attorneys are ethically bound to defer to their clients’ desire to take a plea deal. Meanwhile, public defender offices are woefully underfunded. And, with the majority of criminal defendants so poor they qualify for court-appointed counsel, public defenders are notoriously overworked producing mistakes that lead to their clients’ incarceration.
Credit: Wikimedia Commons
Deep ecologist, Neil Evernden, connects the problems facing lawyers fighting institutional racism and lawyers fighting ecocide in his book “The Natural Alien: Humankind and Environment.” Evernden asks us to imagine we are lawyers defending a client who is black in apartheid South Africa or the Jim Crow American south.
He asks, “What would you do if faced with a trial judge who denies your client any rights and who, after hearing your case, simply says: ‘So what — is he white?’”
Everndem claims that we only have two options in this situation. We can demand that the judge recognize the rights and dignity of our client and risk condemning our client to execution. Or, we can play by the rules, reinforce problematic law, contribute to its precedence, and detail our client’s genealogical records at length “to try to prove our client white.”
Evernden correctly notes that too often when environmentalists are challenged to justify their declarations on behalf of the living world, they proceed to try to prove their client white. Evernden writes, “Rather than challenge the astonishing assumption that only utility to industrialized society can justify the existence of anything on the planet” the environmentalist “tries to invent uses for everything.” But, “the only defense that can conceivably succeed in the face of this prejudice is one based on the intrinsic worth of life, of human beings, of living beings, ultimately of Being itself.”
We want our lawsuit, specifically, and the rights of nature framework, generally, to be legal arguments for the intrinsic worth of life and of living beings like the Colorado River.
We are attacking two of the walls forming the Box of Allowable Activism. We seek to overturn the concept that nature is only property, and we seek to erode corporate power by giving the source of corporate power (nature) rights to stop corporate exploitation. These arguments are not currently accepted, but neither was the argument that “separate is inherently unequal” when Thurgood Marshall argued this and ended school segregation in Brown v. Board of Education.
This is all well and good, but we are still forced to construct our argument only with currently acceptable legal language. We seek “personhood” for the Colorado River, for example. But, the river is much more than a person. The river is an ancient and magnificent being who carved the Grand Canyon, who braved some of the world’s most arid deserts on her path from the Rocky Mountains to the Gulf of California, and who facilitates countless lives, human and nonhuman.
I am afraid, that in seeking personhood for the Colorado River, people will mistake our arguments as trying to prove the Colorado River a “person” while reinforcing the notion that a being only has value as far as that being resembles a human.
***
Evernden only contemplated two options. We can prove the Colorado River a person, or we can demand recognition of our client’s dignity. But, there is a third option: Dismantle the power stacking the legal system against communities and natural ecosystems.
To fight this power, we must understand how power works. Dr. Gene Sharp, who CNN has called “a dictator’s worst nightmare” and the “father of nonviolent struggle,” is the world’s leading theorist of power.
Sharp identifies two manifestations of power – social and political. Social power is “the totality of all influences and pressures which can be used and applied to groups of people, either to attempt to control the behavior of others directly or indirectly.” Political power is “the total authority, influence, pressure, and coercion which may be applied to achieve or prevent the implementation of the wishes of the power-holder.”
Sharp lists six sources of power: authority, human resources, skills and knowledge, intangible factors, material resources, and sanctions. Interfering with these sources of power is the key to a successful resistance movement.
The powerful know where their power comes from and they protect the sources of their power. It is one thing to protect these sources with brute force. But, why use brute force when you can persuade the oppressed that there is nothing they can do to affect the sources of power? Or, when you can mislead the oppressed about where those sources of power are?
In this spirit, the powerful do everything they can to convince the oppressed that the current arrangement of power is inevitable. They seek to convince us that the legal system exists to protect communities and the environment. They teach us to look back through history to view our few victories as the result of a system devoted to justice.
These few victories are held up as proof that sooner or later the courts always make the right decision. We are pacified with assurances that if our lawyers are clever enough, if they work hard enough, if they articulate the truth eloquently enough, judges will recognize the brilliance of our lawyers’ arguments and justice will be served.
Justice for the natural world has rarely been served. CELDF names the final blockade to justice the “Black Hole of Doubt” and teaches, “We think we’re not smart enough, strong enough, or empowered enough – we literally do not believe we have the inalienable right to govern.” Sharp says, “Power, in reality, is fragile, always dependent for its strength and existence upon a replenishment of its sources by the cooperation of a multitude of institutions and people – cooperation which may or may not continue.”
Any resistance movement aspiring to true success must engage in shrewd target selection to undermine sources of power. Taking Sharp a step further, it is possible to prioritize which sources are more essential to the functioning of power than others. Corporate power is maintained through the exploitation of the natural world. There is no profit without material products. There are no material products without the natural world. If corporations lose access to ecosystems like the Colorado River, they will fail. If corporations fail, they can no longer control our system of law.
We may win in court and corporations will have to respect the Colorado River’s rights to exist, flourish, regenerate, and naturally evolve. We will also gain a foothold for other ecosystems to assert their own rights. We may fail in court, but that does not mean the fight is over.
In many ways, our failure would simply confirm what we already know: the legal system protects corporations from the outage of injured citizens and ensures environmental destruction. If we fail, we must remember there are other means — outside the legal system — to stop exploitation.
Regardless of what happens in our case, we encourage others to employ whatever means they possess to protect the natural world who gives us life.
A lead Chevron lawyer has made the preposterous claim that the 30,000 Ecuadorian victims of the oil giant’s contamination are “irrelevant” to the court case that led to an $18 billion judgment against the company.
Doak Bishop, a Chevron lawyer from the American firm King & Spalding, said the following before a panel of international investment arbitrators on February 15th:
“The plaintiffs are really irrelevant. They always were irrelevant. There were never any real parties in interest in this case. The plaintiff’s lawyers have no clients… There will be no prejudice to [the rainforest communities] or any individual by holding up enforcement of the judgment.”
Meanwhile, the Huffington Post published over a dozen photos of Ecuadorians who have died or have severe medical problems resulting from Chevron’s contamination. See here for photos, taken by Lou Dematteis.
By arguing that no Ecuadorians had been harmed or were in danger of being harmed, Bishop was trying to convince the panel of arbitrators that they should block the Ecuadorians from enforcing their judgment against Chevron in other countries, a strategy that has failed for multiple reasons. See here.
Chevron has a long history of trying to dehumanize the Ecuadorians by denying their very existence or by belittling their culture, said Pablo Fajardo, the lead lawyer for the communities.
In 2010, Chevron tried to claim the signatures of 20 of the 48 named plaintiffs in the lawsuit had been forged by their attorneys. The charge was quickly rebutted after the plaintiffs appeared before a public notary to affirm their signatures were legitimate. See here. Chevron engineers also belittled Ecuadorian indigenous leaders by making them wear Western clothes and suggesting that oil-laden streams were actually full of vitamins, according to published reports.
The existence and relevance of the Ecuadorians has been affirmed by multiple independent journalists, including those working for60 Minutes, The Sunday Night Show in Australia, The New York Times andThe Washington Post.
The $18 billion damage award, levied by an Ecuador court, will be used to clean up Chevron’s deliberate contamination of the rainforest and provide clean drinking water and health care to the residents of the company’s former concession area. The damage decimated indigenous groups and caused an outbreak of cancer, according to evidence relied on by the court in issuing the judgment. See this video for more information.
Chevron, under the Texaco brand, operated in Ecuador from 1964 to 1992. Chevron admitted dumping 16 billion gallons of toxic drilling fluids directly into waterways and streams relied on by local residents for their drinking water.
The U.S. Army Corps of Engineers on Friday informed Indigenous water protectors and their allies that they have nine days to vacate the main Dakota Access Pipeline protest camp—or else face arrest.
“This decision is necessary to protect the general public from the violent confrontation between protestors and law enforcement officials that have occurred in this area, and to prevent death, illness, or serious injury to inhabitants of encampments due to the harsh North Dakota winter conditions,” Col. John Henderson of the Corps said in a letter to the Standing Rock Sioux Tribe chairman Dave Archambault II.
The Oceti Sakowin camp, on the banks of the Cannonball River, will be closed Monday, December 5, the letter warned. Any individuals found on Army land north of the river after that date would be considered trespassing and could be prosecuted.
The Corps said it would establish a “free speech zone” south of the Cannonball River on Army lands.
But Dallas Goldtooth of the Indigenous Environmental Network (IEN), told the Bismarck Tribune that “there’s not enough land on the south side of the river where many are already camping; and a planned winter camp on 50 acres of reservation land near Cannon Ball is not yet ready, with groundbreaking set for next week.”
What’s more, he noted that “the eviction deadline is the day after more than 2,000 American war veterans are scheduled to arrive at the camp to stand in solidarity with Standing Rock,” the Tribune reports.
Archambault issued a statement in response to the Corps, saying the Standing Rock Sioux Tribe “is deeply disappointed in this decision by the United States, but our resolve to protect our water is stronger than ever.”
“It is both unfortunate and ironic that this announcement comes the day after this country celebrates Thanksgiving—a historic exchange of goodwill between Native Americans and the first immigrants from Europe,” he continued. “Although the news is saddening, it is not at all surprising given the last 500 years of the treatment of our people. We have suffered much, but we still have hope that the President will act on his commitment to close the chapter of broken promises to our people and especially our children.”
The notice from the Army Corps comes less than a week after Morton County Sheriff’s deputies sprayed rubber bullets, mace and water on more than 400 people demonstrating at a bridge blockade not far from the camps. Temperatures were below freezing when protectors were repeatedly hosed down by police that Sunday night, November 20. There have also been reports that concussion grenades were fired at protectors. Dozens were hospitalized, including 21-year-old Sophia Wilansky, who may face the amputation of her arm, and Cheree Lynn Soloman, who is fundraising for eye surgery.
“If you were concerned about the safety of the fucking people you would have taken your ass out there and you would’ve cut their fucking hoses,” lamented Kash Jackson, an Army veteran from Michigan. His Facebook LIVE rant was broadcast shortly after the Corps announced its warning to water protectors that anyone choosing to stay on Corps land beyond December 5 would be doing so “at their own risk.”
“You stand firm, Standing Rock,” Jackson continued. “You stand firm right where you’re at. They want to push you off that land. It’s not their land to begin with.”
Meanwhile, IEN said in a statement: “We stand by our relatives of the Oceti Sakowin and reaffirm their territorial rights set in the Fort Laramie Treaty of 1851. If the Corps wants to keep people safe and prevent further harm, then deny the easement, rescind the permit, order a full Environmental Impact Statement, and send Department of Justice observers.”
“This decision by the Army Corps and the United States is short-sighted and dangerous,” the statement read. “We have already seen critical injuries cased by the actions of a militarized law enforcement. We implore President Obama and the White House to take corrective measures and to stop the Dakota Access Pipeline once and for all.”
The group, along with Honor the Earth, the International Youth Council, and the Camp of the Sacred Stones, is planning a news conference for Saturday afternoon, which IEN will live-stream from its Facebook page.
Filmmaker Josh Fox, who has been outspoken in his opposition to the crude oil pipeline, called the Corps’ eviction notice “a major act of aggression against basic rights of peaceful assembly and protest in the U.S. and constitutes a violation of treaties as well as the U.S. constitution’s guaranteed right to protest and assemble.”
“Oceti Sakowin, the main camp for water protectors, is a beautiful self-organizing community,” Fox continued. “It stands as not only the main place for the protest movement to assemble and organize, but it also represents a major leap forward for our combined movements for the environment, Indigenous sovereignty, and real democracy in America. If the Army Corps tears down this protest camp hundreds more will spring up in its place. A crucial alliance between indigenous values, native sovereignty and environmental movements has been forged here. We expect that the Standing Rock movement will find new and creative ways to fight the Dakota Access Pipeline no matter what, and that the Standing Rock movement and its alliances will find many areas of common ground and protest. We will fight fracking. We will fight pipelines.”
This article was originally published at Common Dreams, and re-published at Deep Green Resistance News Service under a Creative Commons license.
Cannon Ball – On November 20th at approximately 6PM CST over 100 Water Protectors from the Oceti Sakowin and Sacred Stone Camps mobilized to a nearby bridge to remove a barricade that was built by the Morton County Sheriff’s Department and the State of North Dakota. This barricade, built after law enforcement raided the 1851 treaty camp, not only restricts North Dakota residents from using the 1806 freely but also puts the community of Cannon Ball, the camps, and the Standing Rock Tribe at risk as emergency services are unable to use that highway.
Water Protectors used a semi-truck to remove two burnt military trucks from the road and were successful at removing one truck from the bridge before police began to attack Water Protectors with tear gas, water canons, mace, rubber bullets, and sound cannons.
At 1:30am CST the Indigenous Rising Media team acquired an update from the Oceti Sakowin Medic team that nearly 200 people were injured, 12 people were hospitalized for head injuries, and one elder went into cardiac arrest at the front lines. At this time, law enforcement was still firing rubber bullets and the water cannon at Water Protectors. About 500 Water protectors gathered at the peak of the non-violent direct action.
The following is a statement from the Indigenous Environmental Network:
“The North Dakota law enforcement are cowards. Those who are hired to protect citizens attacked peaceful water protectors with water cannons in freezing temperatures and targeted their weapons at people’s faces and heads.
“The Morton County Sheriff’s Department, the North Dakota State Patrol, and the Governor of North Dakota are committing crimes against humanity. They are accomplices with the Dakota Access Pipeline LLC and its parent company Energy Transfer Partners in a conspiracy to protect the corporation’s illegal activities.
“Anyone investing and bankrolling these companies are accomplices. If President Obama does nothing to stop this inhumane treatment of this country’s original inhabitants, he will become an accomplice. And there is no doubt that President Elect Donald Trump is already an accomplice as he is invested in DAPL”.
Editor’s note: This year’s biannual Biodiversity COP was in Cali, Colombia, a country with the dubious distinction of topping the list of the number of environmental activists killed by a country in both 2022 (60) and 2023 (79) and will probably have that dubious honor this year with a continuingly rising number of (115) as of November 7th.
BOGOTÁ, Colombia — While music played in Bogotá’s streets and a sense of victory filled the air after a long protest, Ana Graciela received a new appointment on her calendar: the funeral of Carlos Andrés Ascué Tumbo.
Nicknamed Lobo (meaning “wolf” in Spanish), the esteemed Indigenous guardian and educational coordinator was killed Aug. 29, while his fellow guardians, the Kiwe Thegnas (or Indigenous Guard of Cauca) were protesting for better security in Cauca, Colombia. The region has increasingly become dangerous with incursions by illegal armed groups.
“The situation is tough. Women and children are being killed [almost] every day,” said Ana Graciela Tombé, coordinator of the Regional Indigenous Council of Cauca.
The Bogotá protest gathered more than 4,000 people, in what is known as a minga in the Andean tradition, against escalating violence in the region. After eight days, on Aug. 28, the Indigenous communities succeeded in getting President Gustavo Petro to sign a new decree, the Economic and Environmental Territorial Authority, which grants Indigenous territories greater autonomy to take judicial action against violence within their lands.
But the sentiment is bittersweet for the Indigenous Nasa and Misak activists in Ana’s homeland of Cauca, particularly in Pueblo Nuevo, a nationally recognized Indigenous territory (resguardo). They’ve lost a dear leader and role model, impassioned with protecting their ancestral territory, forests and youth from illegal armed groups.
Labeled the deadliest country for environmental defenders in 2023, Carlos, 30, was the 115th social leader killed in Colombia this year, according to the Development and Peace Institute, Indepaz.
Although the police investigation into his death is still underway, members of his community say they believe Carlos was the latest victim of armed groups and drug traffickers the Nasa people have struggled with for more than 40 years. Mongabay spoke with these members of the community, including Carlos’ family and friends, to gather more information on his life and killing that received little attention in the media.
One of Carlos’ close friends leans on the coffin. Image by Tony Kirby.Musicians play Carlos’ favorite music. Image by Tony Kirby.
Pueblo Nuevo is located in the central mountain range of the Andes in the Cauca department, which today has become a hub for drug trafficking and illicit plant cultivation. This is due to its proximity to drug trafficking routes to ship drugs to international markets, the absence of state presence and the remoteness of the mountains.
The loss of Carlos is both physical and spiritual, a close friend of Carlos, Naer Guegia Sekcue, told Monagaby. He left behind a void in the lives of his family which they are trying to fill with love, Naer said, and the community and guardians feel like they lost a part of their rebellion against armed groups.
The ‘Wolf’
Carlos was a member of the Indigenous Guard since his childhood. The children’s section of the Guard is called semillas, meaning “seeds,” for how they’ll fruit into the next generation of leaders protecting their territory.
He met his wife, Lina Daknis, through mutual friends at university. Lina, though not of Indigenous heritage, said she fell in love with his rebellious spirit, devotion and commitment to Indigenous rights. When Lina became pregnant, the couple decided to raise their daughter in the Indigenous reserve, Pueblo Nuevo.
For many in this Indigenous community, their lands and forests are far more than mere sustenance; they hold deep traditional and spiritual significance. Among the Nasa people, one significant ritual involves burying the umbilical cord under stones of a sacred fire (tulpa), symbolically tying them to their ancestral territories. According to the sources Mongabay spoke to, they consider that the lands and forests do not belong to them but are a loan from their children they are entrusted to protect.
Carlos was fully dedicated to this Indigenous Guard, Lina said.
Many days, he would get up in the middle of the night to patrol the territory. While facing well-equipped armed groups, the Indigenous Guard remained unarmed. They carry a ceremonial wooden baton, adorned with green and white strings as symbols of Indigenous identity. Carlos was particularly outspoken against illegal armed groups and coca cultivation. Faced with their invasions and deforestation on their territory, the Guard also took on the role of environmental defenders.
Coca cultivation, as done by armed groups to produce cocaine, not only impacts lives, but also the environment. The traditionally sacred crop is now tied to violence and degradation in the region.
According to Colombia’s Ministry of Justice, 48% of cultivation is concentrated in special management areas, including national parks, collective territories and forest reserves. Between 2022 and 2023, coca cultivation caused the deforestation of 11,829 hectares (29,200 acres) of forested land, according to the latest report from the United Nations Office on Drugs and Crime. This deforestation increased by 10% in 2023 and threatens biodiversity, placing more than 50 species at risk of extinction, the Ministry of Justice stated at the COP16 U.N. biodiversity conference.
In one instance, Carlos and the Guard destroyed coca plants, took photos and uploaded videos to social media. Shortly after, his family began receiving threats from anonymous people on social media, warning Carlos to be careful. Lina now said she believes these threats came from dissident groups profiting from coca cultivation.
Pueblo Nuevo is located in the central mountain range of the Andes in the Cauca department, which today has become a hub for drug trafficking and illicit plant cultivation. Image by Tony Kirby.
In Cauca, several dissident groups are active, including Estado Central Mayor and the Dagoberto Ramos Front. These factions emerged following the 2016 peace agreement and consist of former FARC guerrillas who either rejected or abandoned the reintegration process. Law enforcement say their presence poses a persistent threat. Most recently, in May, a police station in Caldono was attacked, with local authorities suspecting the involvement of the Dagoberto Ramos Front.
Despite the danger, Carlos never stopped his work.
“I told him to leave the Guard, to go to another country, that they would kill him,” said his mother, Diana Tumbo. “But he didn’t leave us nor the Guard.”
Carlos’ mother calls for the unity of the people in the fight against violence. Image by Tony Kirby.
The seeds of tomorrow
The road to the Carlos’ home is surrounded by peaceful landscapes: small villages, chicken restaurants and hand-built huts. But the graffiti on walls — “FARC EP” (Revolutionary Armed Forces of Colombia, People’s Army) and “ELN Presente” (National Liberation Army, Present) — are stark reminders of the violence. Despite the peace agreement signed between the FARC and the Colombian government in 2016, violence has resurged in Cauca.
Carlos saw the armed groups as a destructive force to youth by recruiting minors.
According to the annual report of the United Nations Commissioner for Human Rights, armed groups forcibly recruited at least 71 Indigenous children in 2023. Oveimar Tenorio, leader of the Indigenous Guard, said the armed groups no longer have the political ideology that once defined the FARC. Instead, their attacks on the Indigenous Guard are driven by profit and control of drug routes.
“We are an obstacle for them,” he told Mongabay.
The graffiti reads “FARC – EP,” which stands for “Revolutionary Armed Forces of Colombia – People’s Army.” An man sits on a bench in a square in Jamundí, Colombia. For decades, violence has been a part of daily life for Colombians. Image by Tony Kirby.
Carlos became an educational coordinator, supporting teachers with Indigenous knowledge programs and organized workshops for the schools in the Sath Tama Kiwe Indigenous Territory. He believed in educating youth not just with academic knowledge, but with a sense of pride in their Indigenous heritage and the need to protect their land, Naer said.
Carlos encouraged the young people not to feel ashamed of being Indigenous, but instead to learn from their own culture. He always carried a book by Manuel Quintín Lame, a historical Indigenous Nasa leader from Cauca who defended Indigenous autonomy in the early 20th century.
But Carlos’ approach was one of tenderness; he was always listening to his students and fighting for a better future for the youth. “He was convinced that real change started from the bottom up, through children and the youth,” Naer said.
People show support for Carlos, demanding justice for him. Image by Tony Kirby.
Murder of the ‘Wolf’
His friends and family said Carlos’ actions made him a target.
On Aug. 29, 2024, Carlos went down to the village of Pescador, Caldono, to pick up his daughter from swimming lessons. It was a peaceful moment: mother, father and daughter having a family meal at a small restaurant. Afterward, Carlos went to refuel his motorbike at the gas station.
Suddenly, a stranger approached his wife in the restaurant, she said, asking, ‘Are you the woman who is with the man with the long hair? Something has happened, but I can’t say what.’
Carlos Andrés Ascué Tumbo of the Andes Mountains was shot in the head.
The Regional Indigenous Council of Cauca quickly blamed “criminal structures” linked to dissident FARC groups, particularly the Jaime Martínez and Dagoberto Ramos factions. However, the police investigation is ongoing, and the Fiscalía General de la Nación (Office of the Attorney General), which is overseeing the case, has not shared details with the public or Mongabay.
Mongabay approached Fiscalía General de la Nación and local authorities for comment but did not receive one by the time of publication.
Sept. 1, in a small village perched on a hillside, marked the date of Carlos’ funeral. Fellow members of the Indigenous Guard, wearing blue vests and carrying their batons, lined the dusty roads. They formed a solemn procession from Carlos’ house down to the cemetery with about 1,000 people walking around them through Pueblo Nuevo.
“We want to show our strength,” said Karen Julian, a university student in Cauca who didn’t know Carlos personally but felt compelled to attend his funeral. Along with others, she boarded a brightly painted chiva bus to Carlos’ home village, where he was laid to rest.
Members of the Indigenous Guard, carrying batons, line the streets of Pueblo Nuevo, accompanying Carlos on his final journey to his grave. Image by Tony Kirby.
Children holding flowers led the way of the procession, followed by a cross and then the coffin. A woman rang the church bell and people chanted the slogan to resist armed groups: “Until when? Until forever!”
At the covered sports field at the center of the village, the funeral transformed into a political rally. “I will not allow another young person to die!” Carlos’ mother shouted to the audience. “I demand justice.” She spoke of her worries for her granddaughter, Carlos’ daughter, who stills had many plans with her father. She called on the community to stand united against the violence that has taken so many lives.
As Carlos’ coffin was lowered into the ground, the crowd began to swell, pressing in tightly with his 6-year-old daughter at the front row of the mass. All were watching as the coffin reached its final destination.
“Carlos’ death was not in vain,” Naer said. “The youth understand that they must follow his path. The younger generations will continue preserving the Indigenous traditions while defending our territories and rights.”
The last look: Carlos’ daughter watches her father before he is buried, while his parents cry beside the coffin. Image by Tony Kirby.
Banner image: Carlos’ fellow guardians carry his coffin; they fought shoulder to shoulder to protect the Indigenous territories against illegal armed groups. Image by Tony Kirby.
