Featured image: The Wixárika community of San Sebastian Teponahuaxtlán or Wuaut+a is preparing to send 1,000 members to the remote Nayarit community of Huajimic to take back from the ranchers lands that the courts have ruled belong to the Wixárika. Photo from Facebook/San Sebastian Teponahuaxtlán.
A contingent of at least 1,000 indigenous Wixárika (Huichol) people in the Western Sierra Madre are gearing up to take back their lands after a legal decision in a decade-long land dispute with neighboring ranchers who have held the land for more than a century.
Ranchers who have been in possession of the 10,000 hectares in question for generations say the seizure is unlawful and that they will not hand over the land — setting the scene for a showdown that observers fear may end in violence.
Leaders of the Wixárika community of San Sebastian Teponahuaxtlán have announced their plans to accompany the authorities of the federal agricultural tribunal to carry out an enforcement action on the first parcel, a 184-hectare ranch in the state of Nayarit, on Sept. 22, and called on state and federal law enforcement officials to send police forces to prevent a conflict. Until the time of publication, neither the Nayarit nor the federal authorities had agreed to send police to maintain order, so both parties are hoping for the best but preparing for the worst.
The Nayarit community of Huajimic in the municipality of La Yesca has a long tradition of ranching. Ranchers of Huajimic have titles to their land that date to 1906, but the courts have ruled that the Wixarika land claims go back to the Spanish land grant of 1717. Photo from Facebook/Huajmic, Nayarit.
“We’re hoping they’ll accept the decision which is now law: that they lost the trial. They had the opportunity to legally prove that they really had the documentation and they didn’t have it,” said Miguel Vázquez Torres, president of the communal lands commission of San Sebastian. He is aware of the potential for violence, he said, “but the community is not going to sit with its hands crossed. We are prepared.”
Ranchers have titles to the land that go back to the early 1900s — but San Sebastian has the original grant from the Spanish crown that dates to 1717, and is backed by a 1953 presidential resolution. In all, 10,000 hectares is at stake, for a total of 47 different claims. The agrarian court has ruled in favor of San Sebastian in 13 of those cases; the remainder are still in process.
Rosa Carmen Dominguez Macarty, an attorney representing some of the ranchers of Huajimic, disputes the version presented by Wixarika attorneys, saying that only two of the sentences are definitive, and that all the rest are still under appeal. The ranchers are appealing the 1953 presidential resolution, saying it is based on a document that is invalid.
“It’s a social injustice,” she said. “These are very simple people; they are fathers, they are mothers who work the land themselves, and that’s how they support their families. It would be really sad if through the government’s disregard, something unpleasant were to happen.”
Vázquez said that two families who have no land have already been granted permission by the community assembly to establish homesteads on the parcel and that the assembly plans to send a rotating contingent of community residents to stand guard for several months — “as long as it’s necessary so that the families can feel safe and comfortable.” The long-term plan, he said, is to establish another settlement in the area, as San Sebastian’s existing towns are becoming overcrowded.
Dominguez argued that the local inhabitants have worked the land for generations and turned it into a highly productive area. Local residents suspect the Huicholes have another ulterior motive for taking back the land, which they have never worked: to exploit the mineral deposits that supposedly lie beneath.
Members of the Wixarika community of San Sebastian Teponahuaxtlán protesting for land reform in Guadalajara in 2014. Photo from the Facebook/San Sebastian(Wuaut+a).
Complicating matters is that San Sebastian lies in the state of Jalisco, while the contested land lies in Nayarit, where the ranchers have been outspoken in their opposition to the court decision and have been organizing in resistance to the return of the land to the Wixárika.
“Jalisco vs. Nayarit: Blood will run,” screamed one headline in a Nayarit newspaper. Meanwhile, Nayarit Gov. Roberto Sandoval reportedly has sent messages of support to ranchers.
“The governor promised us that while he is in office, we would not have to turn over a single meter of land to the Huichols,” one of the landowners told local reporter Agustín Del Castillo of Milenio newspaper.
Indeed, it’s no accident that the conflict crosses state lines, according to anthropologist Paul Liffman, author of the book Huichol Territory and the Mexican Nation.
“In fact that’s the deep history of Jalisco and Nayarit,” Liffman said in a recent interview. “Nayarit was part of Jalisco, and it separated in 1917, in part for the ranchers who wanted more political autonomy and also wanted to kick out the Indians.”
During the early years of the 20th century, the government encouraged settlers to make land claims on apparently abandoned land. It was during that period that major encroachment began to occur on Wixárika land, and the courts granted titles based on the erroneous assumption (or pretext, as Liffman says) that the land was unoccupied.
Tensions have flared periodically since the land was taken but the Wixárika had no legal recourse until the government created an agrarian court system in the 1990s, said Ruben Avila Tena, the attorney representing the community of San Sebastian. Soon afterwards that community began a legal process of reclaiming its land.
Jalisco law enforcement has agreed to be present, but only up to the state line; thus far the Wixárika leadership has received no such assurances from the Nayarit authorities, nor from the federal government.
“I’m not sure what the Jalisco police can do, besides cheering them on from the other side of the border,” commented Avila Tena. “It’s actually a very worrisome situation.”
Avila said sources in the Agrarian Tribunal have told them that the Nayarit police have no intention of supporting the Wixárika on Sept. 22. Agrarian Magistrate Aldo Saul Muñoz López spoke to this reporter by telephone but said he could not grant an interview by telephone, only in person in the Tribunal regional offices in Tepic, Nayarit.
“We did what corresponds to us as a federal tribunal, we notified all of the relevant authorities of Nayarit. If they don’t respond, it’s something that escapes my authority,” said Muñoz López, but would not give further information by phone.
Liffman likened the current conflict in San Sebastian with one that arose in the 1950s under the Huichol leader Pedro de Haro. Haro built a movement that ultimately procured the 1953 presidential resolution confirming that San Sebastian was the legal owner of the land. But as in the present case, the government didn’t provide any enforcement mechanism, and the local residents refused to give up the land. A band of armed Huichols took the matter into their own hands and marched to the Canyon of Camotlán, where they reportedly burned down a farm, drove out local residents and reclaimed the land.
Photo from the Facebook pages of the community of San Sebastian (Wuaut+a).
Santos de la Cruz Carrillo, a Wixárika leader and also an attorney on San Sebastian’s legal team, said the community has been urging the federal authorities to attend to this case for five years under a program that would offer financial compensation to the current landholders.
“It’s been five years since the community of San Sebastian asked the federal government to attend to this situation, to support the landholders with compensation”, said de la Cruz. “But the ranchers showed no interest in the compensation; they always said they want the land, so the community chose to take possession.”
Finally, in a meeting in March of this year, an official with that program told San Sebastian authorities that there was no money to pay restitution to the ranchers. That’s when they made the decision to move ahead with the process of retaking the lands, said Avila.
The Wixárika authorities have done everything in their power to seek compensation for the ranchers in the hope that a conflict could be avoided, said Avila. “This case was decided in their favor more than two years ago,” he stressed. “The community didn’t want it to be enforced like this, they were trying to get the federal government to indemnify the landholders. When they couldn’t do that anymore, they said, it can’t be helped, we will have to ask the tribunal to enforce the law.”
Liffman warned that the situation was not to be taken lightly; the area has changed radically since the times of Pedro de Haro, he said, with a significant amount of drug production now occurring throughout the territory.
“The region has become much more heavily armed,” he said. “San Sebastian has been the most violently disputed area in the sierra over the past several years…. it’s big-scale transnational narcos now, it’s not just some ranchers with pistols on their belts. So if it does come to that, it could be a bloodbath.”
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.
On the eve of the Olympics, a tribe in Brazil has made a powerful statement to the ranchers who are destroying their land and subjecting them to genocidal violence and racism.
This follows a recent wave of violence and evictions, and the death of a seven-month-old baby in Apy Ka’y community in July.
Aty Guasu, the organization of Brazil’s Guarani tribe, said: “You are killers and you continue to attack our tekohá [ancestral lands]. But we won’t retreat from the fight for our lands which were stolen from us. Every time you kill one of us, we will be stronger in our struggle. Every time you shoot at us, we will take a step forward. And for every grave, we will reoccupy more land. We guarantee this.”
Aty Guasu has also produced a video compiling footage of recent instances of brutality against the Guarani and featuring graphic footage.
Many Guarani Indians have been forced to live on roadsides and are attacked by gunmen or forcibly evicted if they try to reoccupy their ancestral land. In July, Guarani families were evicted from their ancestral land by almost 100 heavily-armed police officers. A baby subsequently died of malnutrition and exposure, as Guarani houses were bulldozed and the community was forced back into makeshift encampments on the roadside.
Earlier in 2016, several other Guarani communities were attacked by ranchers’ gunmen. One attack in Tey’i Jusu community led to one Guarani man being killed and several others – including a twelve year old boy – being hospitalized.
Over the past few decades, most of the Guarani’s land has been stolen by destructive agribusiness, and they live by the side of the road and in overcrowded reservations. Guarani children starve and many of their leaders have been assassinated. Hundreds of Guarani men, women and children have killed themselves, and the Guarani Kaiowá suffer the highest suicide rate in the world.
In a video made with equipment provided through Survival’s Tribal Voice project, Eliseu Guarani, a Guarani leader, said: “Brazil will host the Olympic games this year, the government will be on the world stage and is trying to hide the situation we indigenous people face…We Guarani are being attacked, our leaders are being killed… and our land is not being returned to us, but these Olympic Games won’t show any of that. People around the world will watch these games and cheer and they’ll also be cheering our suffering.”
In April Survival International launched its “Stop Brazil’s Genocide” campaign for the run-up to the Rio 2016 Olympics, to draw attention to the situation facing tribes like the Guarani. Their lands, resources and labor are being stolen in the name of “progress” and “civilization.”
On July 31st Survival supporters demonstrated outside the Brazilian embassy in London.
The campaign is calling for the Brazilian government to uphold the law by protecting the Guarani, demarcating their land, prosecuting murderers and providing food for starving communities until they get back their ancestral land. It is also concerned with uncontacted tribes – the most vulnerable peoples on the planet – and PEC 215, a proposed change to Brazilian law which would undermine tribal land rights and lead to the break up and exploitation of existing indigenous territories.
Survival’s Stephen Corry said: “An urgent and horrific humanitarian crisis is unfolding across Brazil while the media’s eyes are diverted by the Olympic Games. The Guarani’s situation is not an anomaly, it’s the continuation of a centuries-old process of land theft, genocidal violence, slavery and racism. Scores of indigenous people are dying and being killed, tribes across the country are being annihilated. It’s difficult to exaggerate the severity of this crisis which will only end when tribal peoples are respected as contemporary societies and their human rights protected. Brazil needs to act now, before more tribes are destroyed.”
The Southern Autonomous Region of Nicaragua is home to nine indigenous and afro-descendant communities represented by the Rama-Kriol Territorial Government.
On May 3, 2016 Rama-Kriol Territorial President Hector Thomas signed an agreement with the Nicaraguan Canal Development Commission giving consent for the indefinite lease of 173km of communal land to develop the canal.
Communal representatives have denounced this action, claiming they have not been consulted and have not seen the terms of the agreement, which would remove several communities from their ancestral land.
According to international law (ILO Convenant 169 & The UN Declaration for the Rights of Indigenous Peoples) the government must obtain the free, prior and informed consent of the communities to use their land.
Over the past month, community members have given documented testimony and are organizing a formal legal appeal against this illegal land concession.
This short film documents this series of events and the response of the communities.
Of the several different sub-groups of Ayoreo, the most isolated are the Totobiegosode (‘people from the place of the wild pigs’). Since 1969 many have been forced out of the forest, but some still avoid all contact with outsiders. Their first sustained contact with white people came in the 1940s and 1950s, when Mennonite farmers established colonies on their land. The Ayoreo resisted this invasion, and there were killings on both sides.
In 1979 and 1986 the American fundamentalist New Tribes Mission helped organise ‘manhunts’ in which large groups of Totobiegosode were forcibly brought out of the forest. Several Ayoreo died in these encounters, and others later succumbed to disease.
Recently contacted Ayoreo Indians are worried for the future of their uncontacted relatives. Other Totobiegosode groups came out of the forest in 1998 and 2004 as continual invasions of their land meant they constantly had to abandon their homes, making life very hard. An unknown number still live a nomadic life in the forest.
The greatest current threat to the Totobiegosode is a Brazilian firm, Yaguarete Porá. It owns a 78,000 hectare plot in the heart of their territory, very near where uncontacted Ayoreo were recently sighted. Yaguarete plans to bulldoze most of it to create a cattle ranch – this will have a devastating effect on the Indians’ ability to continue living there.
Land inhabited by the Ayoreo is some of the last standing forest in the Chaco region, a great testament to the tribe’s conservation abilities. However, pressure on the forest is immense. Almost all the Ayoreo’s ancestral land is now owned by private landowners, who hire work-teams to clear the forest of valuable timber and then introduce cattle. Many of these new landowners are Mennonites, but much of the Ayoreo land has now been bought up by wealthy Paraguayan and, especially, Brazilian cattle-ranching businesses.
The Indians are claiming title to just a fraction of their territory. Without their forest they cannot feed or support themselves, and they are also greatly concerned about their uncontacted relatives still living there. Under Paraguayan law, this claim area should have been titled to the Indians years ago, as both Paraguayan law, and the country’s Constitution, recognize the Indians’ right to the ownership of their traditional lands.
But the powerful landowners have blocked the law at every turn, and have illegally bulldozed some of the forest already.
Crisis Point: As bulldozers and cattle ranchers encroach further into their territory the Ayoreo of Paraguay are worried for the safety of their uncontacted relatives. In the heart of the Indians’ territory ranching firm Yaguarete Porá has already cleared a large area of forest that is home to uncontacted Ayoreo.
In response to public anger it has announced plans to create a “nature reserve” on its land, but actually intends to destroy around two thirds of the forest. In 2010, Survival awarded the company with its Greenwashing Award.
With the bulldozing of this vast area of forest, the isolated Totobiegosode will have nowhere left to hide. The settled Totobiegosode are desperate to protect it.
Beast with Metal Skin: In 1994 a bulldozer driver clearing the forest at night was attacked out of the darkness. Although he didn’t know it, he was destroying the gardens and hunting grounds of a group of Ayoreo-Totobiegosode families. One of the Indians, Esoi, was finally forced out of the forest in 2004. Here, he recounts his attack on the bulldozer.
How do they live?
The Totobiegosode live in small communities. They grow squashes, beans and melons in the sandy soil, and hunt in the forest. Large tortoises and wild pig are particularly prized, as is the abundant wild honey.
In the forest four or five families will live together in a communal house. A central wooden pillar supports a dome-shaped structure of smaller branches, topped with dried mud.
Each family will have its own hearth around the outside; people will only sleep inside if it rains. The most important Ayoreo ritual was named after asojna, the nightjar: when the bird’s call was first heard it heralded the arrival of the rainy season, and a month of celebrations and festivities.
The Ayoreo who now live in settled communities live in individual family huts. Those who have lost their land now have little choice but to work as exploited labourers on the cattle ranches that have taken over much of their territory. The evangelical New Tribes Mission has a base near their communities, and exerts a powerful influence on their daily lives. Under the missionaries, the asojna ritual—and many others—have been suppressed.
Act now to help the Ayoreo
Write a letter or email to Grupo San Jose asking it to hand back the Ayoreo’s land to its rightful owners.
Write a letter or email to the government of Paraguay asking it to demarcate the Ayoreo’s land in line with the country’s laws and treaties.
Donate to the Ayoreo campaign (and other Survival campaigns).
Today, Haitian garment workers are going on strike to demand 500 gourdes ($7.94 for 8 hour work day)!
This follows last Thursday’s (5/11) work stoppage and shut down of the SONAPI Industrial Park in Port Au Prince.
From that action, union organizer, Telemarque Pierre, was fired without reason from his position at Premium Apparel factory, which produces for Gildan, and owned by Clifford Apaid.
In a statement shared with the RRN, organized workers said:
“The Fight for social justice will continue!… The firing of our comrade is an act of repression, intimidation and interference in the fundamental rights of workers to organize concerted activities to defend their economic and social interests.”
So now workers are striking for a decent wage, and also for the re-hiring of Telemarque Pierre!
Reports from Haiti say that police presence is high, and workers will brave strong repression for the strike.
1) Use the following contacts to Voice Workers’ Demands (Talking Pts Below)
a. Ministry of Social Affairs and Labor (MAST), Haiti: maffairesocial@yahoo.fr
b. AGA Corporation (Parent corp of Premium Apparel factory): 305-592-1860
c. Gildan (international clothing brand that contracts with Premium Apparel factory):
Jason M. Greene, Director of Supply Chain: 843-606-3750
Corporate office (Montreal): 866-755-2023
Customer Service (Charleston, SC): 843-606-3600
Email: info@gildan.com
Twitter: @GildanOnline; facebook.com/GildanOnline/
Talking Points:
– I’m calling/emailing in support of Haitian garment workers’ demands for a minimum wage of 500 gourdes ($7.94).
– I also support union organizer, Telemarque Pierre, who was unjustly fired from Premium Apparel for exercising his right to union organizing. Rehire Telemarque Pierre!
– I disagree with the minimum wage of 265 gourdes ($4.21) that the Association of Haitian Industrialists is pushing for.
– Pay workers 500 gourdes ($7.94)!
2) Send solidarity statements directly to the garment workers. Let them know you took action: batay@batayouvriye.org
3) Share, Post, Tweet. Tag RRN
#RehirePierre #SolidarityForever #500Gourdes
Twitter – @RRNsolidarity
Facebook – @Rapid Response Networ Background Info:
On Thursday, May 11, garment workers shut down the SONAPI Industrial Park in Port au Prince to demand increased wages. These efforts were organized by the Port Au Prince trade union, SOTA-BO (Union of Textile & Apparel Workers), along with PLASIT-BO, an association of autonomous textile trade unions in Haiti, affiliated with Batay Ouvriye (Workers Fight).
The mobilization started in the morning with a work stoppage, followed by a sit in. The national police were called as more workers joined the mobilization, demanding 500 gourd ($7.94 for an eight-hour workday).
In response to this action, on Saturday, May 14th, Premium Apparel factory owner, Clifford Apaid, fired Telemarque Pierre, the General Coordinator of SOTA-BO and spokesperson for PLASIT. Further, ADIH (Haitian Industrialists Association), Better Work Haiti (a labor practices monitoring agency), and the USDOL (U.S. Department of Labor) have denounced “acts of violence” they claim were committed against property and people during the day of the mobilization.
What about the daily violence of wage theft, harassment, and threats for organizing for your rights? What about the violence of not being paid enough to eat? This is repression in the interest of profit.
Haitian garment workers live in crushing poverty and are paid the lowest wages in the Western Hemisphere. These wages are mostly absorbed by workers’ transportation costs, to and from work, pushing them into debt to afford the basics – food, water, rent.
Wage theft, harassment, and unwarranted firings for organizing are the norm in factories.
In 2013, Workers Rights Consortium found that the majority of workers in Haiti’s garment industry are being denied nearly a third of the wages they are legally owed due to widespread wage theft. A previous report found that every single one of Haiti’s export garment factories was illegally shortchanging workers.
The demand for 500 gourdes is absolutely necessary for Haitian garment workers to exist. Please support their fight.
In solidarity and struggle,
