San Antonino Castillo Velasco, Oaxaca, Mexico — Twelve years ago in the verdant Ocotlán Valley of Mexico, a group of men and women of Zapotec origin watched as their crops of vegetables and flowers began to wither away. A long drought seemed destined to turn their fertile valley into a desert area. But through a rainwater harvesting technique, they created a series of “absorption wells,” and since then life has re-emerged in this remote region in the South of Mexico.
As he irrigates his onion crops using the “drip technique”, Emiliano remembers those years when his crops languished for the lack of water from either the rain or the irrigation canals. In those days, back in 2005, they knew that in this area there was a 1967 presidential decree, which established a prohibition on agricultural use of water that required the payment of up to 24 thousand pesos (about $1,200 USD) to gain access.
The National Water Commission (Conagua) imposed a heavy fine when they continued to use the water, as well as excessively high electrical fees for use of their water pumps. The desperation of seeing their crops die and the lack of economic solvency caused peasants like Emiliano, Esperanza Alonso Contreras and Juan Justino Martínez González among hundreds of others to organize themselves and seek help from Flor y Canto, a social organization dedicated to the defense of life and territory; and since then the Coordinadora de Pueblos Unidos por la Defensa de Agua or “Copuda” was born.
Juan Justino Martínez González, founder of the Coordinator of United Peoples for the Defense of Water “Copuda”.
Now that they were organized, the Sowers of Water — together with Flor y Canto, headed by the indigenous rights defender Carmen Santiago Alonso — established two strategies for the defense of the aquifers in this area of the valleys of Oaxaca: The first one was to train people in the creation of absorption wells. They went to the Water Museum in the city of Tehuacán, Puebla, and from their training they built “pots” or large ponds where they accumulated rainwater, and also seven wells as a pilot. Currently there are more than 300 such wells that are planted in the fields.
The second route that the peasants took was the legal one. In 2011, they sued Conagua before the Superior Court of Fiscal and Administrative Justice for unfairly high charges without a consultation under ILO Convention 169. Two years later, in 2013, the Court ruled in favor of Copuda and ordered the indigenous consultation in 24 communities throughout the region.
The consultation process is the only one that has been done in Mexico for the defense of water, according to Santiago, a pioneer in the country in water rights. The case is currently in the fourth or “consultative” phase, and according to the farmers, the hope is that the government of Andres Manuel López Obrador will “lift the decree of closure” and to convert this region of the Ocotlán Valley into a “Regulated Area,” because the National Water Law endorsed by the government of Enrique Peña Nieto is in violation of their human and indigenous rights.
Land and water defender Carmen Santiago Alonso, who has seen the rebirth of crops in the Ocotlán Valley, stressed that this process of sowing and cultivation of water is the result of the organization of the people, who have learned to sow water for the simple love of the countryside and community knowledge.
Carmen Santiago Alonso, who has seen the rebirth of crops in the Ocotlán Valley, stressed that all this process of germination and cultivation of water is the result of the organization of the people, who have learned to sow water for the simple love of the countryside and community knowledge.
Now the community waits for the Mexican government to really keep its word at the end of the consultation and thus lift the decree and close and create a set of rules for the “Niza Microregion” of the Ocotlán Valley.
“We hope that at the end of the consultation, the government will respect the voice of the peoples of COPUDA who for many years have fought for water to be free,” she said. “Here we sow water under a community technique, we collect it for our crops, so that there is life; we only want to live freely and be respected.”
Featured image: Representatives from Haul No and the Havasupai Tribe march to the gates of the Canyon Mine which lay upon grounds sacred to many indigenous nations in the region. Photo: Garet Bleir
Any day now, Energy Fuels (EFR) will resume drilling for high-grade uranium ore at the Canyon Mine just six miles south of the Grand Canyon. The risks of the mine have never been fully investigated, but it doesn’t take much to see the potential consequences.
The Canyon Mine sits directly above the Redwall-Muav Aquifer in close proximity to the sacred site of Red Butte. This aquifer supports the Grand Canyon’s delicate ecosystem and provides the Havasupai Tribe with a steady supply of potable water that supports their livelihoods, their medicine and their cultural practices.
If the Redwall-Muav became too contaminated to drink, the Havasupai’s way of life would be diminished beyond measure. We’ve already caught a glimpse of how easily it could happen. Earlier this year, millions of gallons of clean water that sat above the aquifer fell into the depths of the Canyon Mine. According to data that EFR reported to the Arizona Department of Environmental Quality (ADEQ) in its 2016 Annual Report, that water now contains dangerously high levels of uranium and arsenic.
To make matters worse, the ADEQ–the government agency that issued EFR’s water permits– doesn’t require monitoring of deep aquifers like the Redwall-Muav. Nor does it require remediation plans or bonding to prevent deep aquifer contamination.
Additionally, according to Fred Tillman, the United States Geological Survey (USGS) lead hydrologist investigating uranium mining impacts on water resources near the Grand Canyon, no one knows how the region’s groundwater flows. “Basic hydrology questions” still need answers, he said.
“We first have to study the potential impacts between these systems. We don’t know what the direction of the flow is or if there is recharge of the water between the mine and the canyon from elsewhere, because then their pumping might have no impact at all, but it’s really an unknown science question due to depth of the system and the lack of wells and observational data up there.”
“Does the perched water eventually go down and reach the regional aquifer and become part of that? We absolutely do not know that,” he added.
This is precisely what the Center for Biological Diversity, the Grand Canyon Trust and other conservation groups argue. “There is risk and you need to have a more stringent Aquifer Protection Permit, because we don’t know enough about this area,” Alicyn Gitlin, Program Manager of the Sierra Club’s Grand Canyon Chapter, told IC.
The risk became all too clear when Energy Fuels drilled through the Coconino Perched Aquifer, which led to the mine shaft flooding, equipment breaking down, and millions of gallons of clean drinking water becoming contaminated.
Tillman, who took samples from the Canyon Mine shaft in June 2016 and sampled the new USGS Canyon Mine Observation Well in July 2017, told us that, “The water coming in at the Coconino level is or was fairly low in most trace elements including uranium… The Coconino water was originally in the single digits of parts per billion that they were reporting to ADEQ.”
After the water entered the shaft, the mixed solution was 18 times higher in uranium levels – 3 times the maximum safety standard for drinking water recommended by the EPA. The water also contained 30 times more arsenic and exceeded the standard for radium, according to Gitlin.
Millions of gallons of the contaminated water have now been hauled off site in trucks or evaporated in an already water-starved climate.
The flooded mine shaft and resulting offsite disposal of water initiated a robust debate among conservation groups, the company, and governmental organizations about whether or not this could have been anticipated and the legality of the company’s actions.
Energy Fuels and public affairs representatives of the Forest Service allege that the need to dispose contaminated water off site couldn’t be predicted due to climatic changes in the area. Jacqueline C. Banks, Public Affairs Officer for the Kaibab National Forest Service, told IC, “We had an extremely wet winter, with lots of precipitation and lower than normal evaporation, so to prevent overflow from the evaporation pond, Energy Fuels implemented that emergency plan,” said Banks.
However, even with the unpredictable nature of the wet winter, this would have been a breach of the 1986 Final Environmental Impact Statement for the Canyon Mine, which requires that “Holding pond(s) in the mine yard must be adequate to receive local runoff from a 100-year thunderstorm event, plus normal annual runoff and water that may be pumped from the mine. The volume of water in the pond(s) must be maintained at a level that will allow a reserve pond capacity to accommodate unforeseen and normally expected runoff events.”
Mark Chalmers, the President and COO of Energy Fuels and other company officials point toward the weather to help explain the flooded shaft. “This year was a very very wet year in Northern Arizona and we had more water than expected, so we hauled water to our mill to prevent our pond from overflowing,” Chalmers said.
However, there is no substantiated evidence from the USGS to support or refute this rationale. In fact, the current data available points away from any claims of climate driven water.
“EFR has put forth that possibility that there’s been a wet winter and more recent recharge of the aquifer,” Tillman observed. “We are still evaluating our sample results, and waiting for some more to come in (i.e., tritium results), but our first take on the carbon-14 result of 17.52 percent modern carbon is that there is at least some portion of quite old water down there. We’ll want to look at the tritium results to see if there is some recent water mixing as well, and then verify everything with another round of sampling (or two or three).”
Gitlin believes that other issues contributed to the flooded shaft, including a lack of scrutiny from ADEQ as well as the contents of the company’s Environmental Impact Statement and Plan of Operations that have remain unchanged since they were approved by the the U.S. Forest Service (USFS) in 1986.
The Sierra Club, Havasupai Tribe, Center for Biological Diversity, and the Grand Canyon Trust are in apending lawsuitagainst the U.S. Forest Service. They are arguing the legality of USFS’s decision to permit the Canyon Mine’s operation without updating the Environmental Impact Statement and Plan of Operations or completing the required formal tribal consultations with the Havasupai required for allTraditional Cultural Properties.
According to Gitlin, if this Environmental Impact Statement and Plan of Operations was updated, the possibility of the shaft flooding would have been exposed. “The fact is that when Energy Fuels drilled the supply well on site for the mine in the 1980s, at about a thousand feet down they hit a significant amount of water at the Coconino Aquifer,” she said.
Back then, Energy Fuels was experiencing a flow rate of about five gallons per minute. This is enough water for the company to realize the lens of water can yield a significant flow, she said. “But unfortunately, Energy Fuels and the Forest Service are acting like they had no idea. It’s really frustrating,” Gitlin said. She argues that a new EIS would have revealed the company was going to hit the water, but a lack of scrutiny from ADEQ allowed them to continue.
However Chalmers told us that the geology of the area was simply too unpredictable to know the amount of water the company would hit at the Coconino Aquifer and to his knowledge, the nearby City of Tusayan has never found a continuous aquifer at that level.
“It’s always a little bit of a wild card about how much water there is and how long it is and everything about that,” Chalmers said.
Gitlin argues that this is one more reason why the company is not ready to drill. She says more research still needs to be carried out, there needs to be more monitoring wells in the region, and a more stringent Aquifer Protection Permit (APP) needs to be in place.
Energy Fuels refuted the severity of the Sierra Club’s claims. “Yeah, we found some perched water in the ‘80s. Yeah it was noticed in some of the drilling that there was some perched water, and we found more perched water recently, but we do not believe that it is continuous,” said Chalmers. “The environmental documents actually expected that we would hit perched quantities, and that if we had water we would either evaporate it or that we would treat the water to manage it and that’s what we are doing.”
Despite Chalmers’ confidence, there are more questions than answers. In addition to the unverifiable claims of climate driven flooding and the lack of knowledge surrounding the region’s groundwater, no one knows the uranium ore body’s ability to contaminate the Redwall-Muav Aquifer and other local water bodies.
As far as most indigenous peoples in the region are concerned, the mining company’s actions are criminal.
“Not only as indigenous people, but white people, black people, all people, they don’t realize that [they’re] killing themselves in search of this mighty dollar that they’re digging out of ground,” commented Milton Tso, Cameron Chapter President of the Navajo Nation. “You shouldn’t need to be warning people about the risk of contamination in their water.”
Tso knows a thing or two about the risk of uranium mines polluting local land and water sources. The Navajo Nation is currently dealing with more than 500 abandoned uranium mines on their reservation.
Nearly a third of the reservation is now forced to haul water from unregulated wells and many have no choice but to live adjacent to these radioactive mining sites.
The Navajo Nations’ uranium legacy serves as a cautionary tale that fuels the Havasupai’s fight to prevent a similar fate on their land.
Garet Bleir is an investigative journalist working for Intercontinental Cry documenting human rights and environmental abuses surrounding uranium mining in the Grand Canyon region. To follow along with interviews and photos highlighting indigenous voices and to receive updates on his 12 part series for IC, follow him on Instagram or facebook.
This article is a part of #GrandCanyonFutures, an ongoing deep journalism series published by Intercontinental Cry in partnership with Toward Freedom.
As the Rio Olympics kick off, Brazil has blocked the construction of a controversial dam in the heart of the Amazon rainforest.
The São Luiz dam, planned for the Tapajós river, threatened to flood the Munduruku Indians’ forest and force many off their land.
The Munduruku, like all indigenous peoples, depend on their land for their survival, but industrialized society is trying to steal it and plunder its resources in the name of “progress” and “civilization.” The Munduruku have been firmly opposing the São Luiz dam, and dozens of others planned for the region.
The dam’s environmental licence was shelved this week following the Munduruku’s resistance, pressure from public prosecutors and experts on the ground, and reports by Brazil’s Indigenous Affairs Department and Environment Ministry.
Alongside their struggle to stop the dams, the Munduruku have embarked on a landmark mission to map out their ancestral territory and protect it from illegal miners and loggers. The Brazilian government has failed to uphold its constitutional duty to do this, leaving the land open to destruction.
Munduruku leader Suberanino Saw said, “Our struggle is dangerous, but we know we will win.”
Together with tribes across Brazil, the Munduruku are also protesting plans to change the law and drastically weaken indigenous peoples’ land rights. One of these plans, known as “PEC 215,” would give anti-Indian landowners and others the chance to block the recognition of new indigenous territories – and it might even enable them to break up existing ones.
Survival’s “Stop Brazil’s Genocide” campaign, launched in April 2016 for the run-up to the Olympics, is galvanizing global support for the Indians’ resistance against PEC 215, and calling for the protection of the land of uncontacted tribes, the most vulnerable peoples on the planet.
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.”
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 Guardianrevealed 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.”
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.
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.
