Nine community members arrested for blocking construction on Spectra Energy’s AIM pipeline expansion – known as the “Montrose 9″ – join the national debate over harms caused by fossil fuel infrastructure
Cortlandt, NY — The “Montrose 9” are nine community members arrested for disorderly conduct for allegedly blocking traffic near the access to a Spectra Energy construction yard used for the expansion of a high-pressure fracked-gas pipeline known as the AIM pipeline. Their trial has the potential to become a landmark case with national implications involving the “necessity defense.” Defense counsel Martin R. Stolar is a prominent social justice attorney who argues that the defendants’ actions were justified since they were undertaken to stop a greater harm and were carried out only after all other legal and regulatory options had been exhausted. Court adjourned until July 15th at 1pm, when the other seven defendants are expected to testify regarding their reasons for taking direct action against the project.
While the necessity defense has been used in other types of cases, it is unusual in environmental litigation. One case occurred in May 2013 in Massachusetts when a small lobster boat managed to blockade a barge containing 40,000 tons of coal near the Brayton Point Power Plant. The charges of obstruction were dismissed and the presiding judge stated that the actions were morally justified. In a recent Seattle case, the “Delta 5” were found guilty of trespass for blocking an oil train but not guilty of obstruction. Jurors in that case cited sympathy for the activists and feeling of gratitude for their personal sacrifice for the good of all.
In questioning the prosecution’s police witnesses, Mr. Stolar also suggested a more traditional reason to dismiss the charges. He established that the defendants were not, in fact, causing the traffic jam on Route 9A as was charged. Rather, the Spectra workers caused the tie up when they obstructed the roadway with their cars. Police testified that once they began directing the workers to move, the congestion began to clear up even before the arrests took place. When asked how he determined that the cars belonged to pipeline workers, one officer replied that “there were a lot of out of state license plates.”
The greater harm to be prevented:
Defense witnesses, Cortlandt Councilman Seth Freach and two nuclear experts, testified to the dangers posed by the AIM pipeline. Councilman Freach discussed his own, and the Town Board’s, concerns about public health and safety and described letters that were sent to the Federal Energy Regulatory Commission (FERC) and other regulatory agencies expressing those concerns. Among the materials Cortlandt submitted to FERC was a report from an independent study that the Town had commissioned. Councilman Freach noted that, based on the Board’s thorough evaluation of the project, members had voted unanimously in opposition to the pipeline.
Paul Blanch, an engineer with over 50 years of nuclear experience, stated that there were “very significant unaccounted for risks” with the AIM pipeline and “an unacceptable probability” of a serious or catastrophic accident due to the pipeline’s close proximity to the Indian Point nuclear power plant. He also provided details of his efforts opposing the pipeline at the Nuclear Regulatory Commission and the Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration.
Physicist Paul Moskowitz described the radioactive materials, including lead 210 and polonium 210, that result from decay of the radon in fracked gas. He went on to discuss regulatory filings he’d submitted detailing his concerns about radioactive emissions from the AIM pipeline and their impacts on human health. He testified that FERC’s response to his concerns were “a total fabrication” that “ignored over 50 years of established science.” When asked about what process would be used to deal with these dangerous substances, he responded that since FERC denies the existence of those known radioactive materials in pipelines there is no process in place for dealing with them.
Two defendants explain their actions:
Only two of the Montrose 9 defendants were able to testify before court concluded for the day. Both told their own individual stories of why they had stepped up to protest in such a compelling way. Although members of the community have been working through regulatory channels, their efforts have been met with delays and legal maneuvers, leaving them no recourse but to pursue more direct actions.
Linda Snider testified that since all of the regulatory agencies had ignored the issues, she felt she needed to stop AIM construction herself. She stated, “I wanted to stop the Spectra trucks and stop them from putting in this pipeline. We’ve just got to stop this.”
Defendant Susan Rutman, a landscape photographer who lives next to the Hudson River, was the final witness for the day. She explained she had sought to stop the work through writing to officials. “My intention was to stop the pipeline, because I knew it would prevent a far greater harm.” she said.
Find out more information about the AIM Pipeline and ongoing resistance here:
Members of Brazil’s Awá tribe have blockaded a railroad owned by Vale mining company in the eastern Amazon.
The company has moved to expand the railroad, but the Awá say the expansion will increase the number and size of trains which transport iron ore from the Carajás mine to the port of São Luis – and that this will make it harder for them to hunt for food.
Carajás is the world’s largest open pit iron ore mine. To transport the iron ore, trains that are over 3 kilometers in length regularly hurtle through close to Awá territory.
The tribe are calling for a meeting with the company and FUNAI, the Brazilian government’s indigenous affairs department, so that their wishes can be heard and their rights respected.
On Saturday a large group of Awá families occupied a section of the railroad which runs alongside their land.
Following a meeting with Vale representatives yesterday, the Awá agreed to suspend the blockade on condition that the company upholds its agreement to mitigate the impacts on the Indians’ forest.
This is the first time that the Awá have blockaded the railroad on their own initiative and reflects their determination to hold Vale to account.
In April 2014 Survival’s international campaign succeeded in pushing the Brazilian government to evict illegal loggers and settlers who had destroyed over 30% of their central territory.
However, the Awá are still one of the most vulnerable peoples on the planet. Around 100 remain uncontacted and are very vulnerable to diseases brought in by outsiders, to which they have no resistance.
On Monday, 6th of June at 03:15 AM, the security company Valina stormed into the Rog Factory, which is formally owned by the Municipality of Ljubljana, Slovenia. The plan was to secure the place and turn it into a building ground, all according to the gentrification vision of the mayor of Ljubljana, Zoran Janković. Despite the violent and brutal approach of the security, the community of the Rog Factory won that war, managed to defend the place and around noon, the demoralized security forces had to leave the premises. Within the hour, barricades were erected around the area, heavily protecting the main entrance, as it is expected there will be another attempts of eviction in the coming days, possibly with the help of police forces.
After the decades of neglect of the old factory premises – by the state and then municipality – artists, activists, philosophers, as well as members of various collectives and groups have been active here for more than 10 years. Since the government structures care more about fulfilling the Neoliberal wet dreams and obeying the directives coming from Brussels, the Autonomous Centre Rog, within years, also took over some of the social functions which should be, by the Constitution, provided by the state. Rog stands and works where the state failed. All the activities and services in Rog are based on voluntary approach, and supported by donations.
The Rog Factory is a complex of five smaller buildings plus the main building and all of these constantly house various activities. People have invested their time in repairing the building, so now the whole area is filled with culture, music, sport, social, permacultural and other activities. Since we are in the middle of the exam period for the students, a study room with a library was also established recently. Everything is based on autonomy, solidarity and mutual help.
There were attempts to achieve a compromise, but the Municipality of Ljubljana constantly ignores the activities already taking place in the factory. Their goal is to stop these, since they oppose the capitalist ideas of gentrification of the centre of Ljubljana. The mayor wants a clean space, he wants tourists and established-art scene. In other words: he certainly wants to keep the economy going. Hence, his goal is eviction of the current users and demolition of all the buildings except the central one, which would, supposedly, be renewed. The City’s PR succeeded in portraying the community of Rog as outlaws to the general public, meaning the Mayor has some lay-support behind him, which presents a good example of horizontal hostility at work.
Right now, there is a constant, 24/7 presence of approximately one hundred people on the premises ― with a couple of hundred more on a constant stand-by ― willing to defend the cause. There are two dozen various daily activities in Rog, from exercise, language courses and radio station to music, theatre, art exhibitions and lectures. People, institutions and various collectives from Slovenia and abroad are sending their statements of support to the struggle of the Autonomous Rog Factory. Some of the well-established artists are preparing a big art exhibition within Rog premises. People are also travelling to Ljubljana to join the fight for Rog.
The community in Rog keeps emphasizing that the question of the Rog Factory is a political question. It certainly is. It is a prime example of the struggle for a better, anti-capitalist society, so it is very likely a growing precedent, opening a path to future struggles.
The happening in Rog can be followed through the very active Facebook page Ohranimo Tovarno Rog (Let’s protect the Rog Factory).
Editor’s note: At publication, we received word that the entrance of the Autonomous Centre was attacked by neo-Nazis on June 10. A short description and call for support is posted here. If you’re involved in the Rog Factory occupation please feel free to post comments below, or contact us at newsservice@deepgreenresistance.org.
U’wa struggle against tuberculosis, parasitic worms, climate change and the threats of violent paramilitary repression
Featured image: “The U’wa were sent a photo of a sheep in military gear and carrying a rifle, implying that they are associated with the guerrillas. These are very serious accusations, providing a political rationale for violent paramilitary repression against the U’wa.”
—Andrew Miller, Director of Advocacy at Amazon Watch. Photo: unknown
This is the second installment of “The Guardians of Mother Earth,” an exclusive four-part series examining the Indigenous U’wa struggle for peace in Colombia.
Nestled below the snow-capped mountains on the eastern cordillera of the Colombian Andes is the town of Güicán, known internationally to hikers as the gateway to Colombia’s magnificent Cocuy National Park. To the east of the mountain range the impenetrable tropical vegetation provides cover from air strikes for the guerrilla armies along the Venezuelan border. On the western border of U’wa territory the vegetation disappears with the altitude into a vast network of Andean peaks, valleys, and pristine wetland ecosystems called paramos.
It was here late last year during the October 25 municipal elections when the mountains surrounding Güicán became the scene of an ELN ambush resulting in the deaths of one policeman and 11 soldiers from Colombia’s High-Mountain Battalion. The battalion had left the U’wa resguardo at 3am and marched down a narrow mountain trail while carrying 130 votes cast by the remote indigenous communities of Bachira when they stopped to rest only to come under fire from rifles and guerilla rocket-launchers called “tatucos.” The sergeant leading the group communicated back to base that his security detail of 34 soldiers and two policemen charged with protecting delegates from the voting commission as well as an indigenous U’wa guide were under attack when radio contact was lost.
A coordinated air and ground assault was launched by the Colombian military to rescue the survivors and recover the bodies at an altitude of 9,842 ft where the tough mountain terrain makes helicopter access difficult. Two police were found wounded but alive while two soldiers as well as the U’wa guide and the civilians from the voting office remained unaccounted for as the ELN disappeared into the mountains. Vladimir Moreno, an indigenous U’wa leader, told El Tiempo there was no precedent for such violence in the region and that historically the guerillas had never interfered with the votes of local U’wa. “This is a peaceful community,” he said.
“We will request from national and international organizations to demand that the armed actors in the resguardo withdraw,” Moreno told Caracol Radio, “and we also demand from the Ministry of Defence that the Army clears out of the area within the resguardo because this has violated international humanitarian law.”
The incident, which was the most violent confrontation between the ELN and the state military since peace negotiations between the FARC and government started three years ago in Havana, resulted in the consequent militarization of U’wa and rural communities across the western border of the resguardo.
Now, six months later, Güicán is the epicenter for a non-violent U’wa mobilization: for the last few months the indigenous community has blocked the entrances of the Cocuy National Park. “The U’wa Nation is the Guardian of Mother Earth and from now into the future we will not permit tourism into the national park,” Yimy Aguablanca, an indigenous leader from Güicán, told IC on March 21, 2016. He added that tourism is affecting the water and the entire eco-system around the park and that non-indigenous rural people have joined the protest.
An U’wa Indigenous Guard. Photo: Tatiana Vila Torres / Kinorama Copyleft
The scarce facilities like rubbish bins and toilets in the state-run park mean some of the trails are littered with trash and visitors are forced to defecate beside the mountain streams that supply drinking water for surrounding communities. Outrage over the poor administration of the park was further inflamed in February when a charity match of high-altitude soccer was broadcast over YouTube. The match took place on the glacier of the U’wa’s sacred mountain Zizuma, the resting place of their divine beings. Known as Mount Cocuy in Spanish, an estimated 90 percent of Zizuma’s glaciers have disappeared in the last 150 years due to climate change. What little ice there is left is receding at a rate of 25 meters per year.
“Today we cry as our Zizuma is condemned to disappear,” went out the U’wa Communiqué that was broadcast through social media. Yimy Aguablanca said this latest mobilization of the U’wa will not stop until the state hands over administration of the park to the U’wa. So far, their calls for a direct dialog with the Minister of Environment have been ignored. The Constitution of 1999 allotted 220,275 hectares for the U’wa but this is a fraction of their ancestral lands, which once included the Cocuy National Park and areas rich with oil and gas reserves, which were conveniently left out of the agreement by the Colombian government.
In 2015, the U’wa High-Council made up of indigenous leaders from different communities across their territory, approved the creation of the Indigenous Guard. These guardians are responsible for territorial control and defense, and while unarmed, they have a mandate to ensure that no one enters the reserve without authorization, especially technical staff like geologists. The decision to form the Indigenous Guard came in response to an event in May 2014, when the U’wa detained functionaries from the company ENCOMINING who were in the Campo Hermoso region of their territory attempting to take coal samples. The importance of the current mobilization around the Cocuy National Park to not just the U’wa but also non-indigenous rural communities in the region is evident by the fact that rural farmers are now standing side by side with the Indigenous Guard to block all entrances to the park.
“Today when we look at our rights over our territory it is not the same as that of our ancestors,” Berito told IC. “It has been exploited, violated, distributed, but still even now we must always protect the water, the animals, and the forests.”
It was during ‘la Violencia’ — a dark period in Colombian history that began in 1948 — when the borders of the U’wa Nation’s territory were first reduced as thousands of refugees fleeing conflict from other parts of the country settled on the fertile banks of the Arauca. Instead of seeing enemies that needed to be vanquished, the U’wa saw victims worthy of compassion and retreated further into the mountains. Over the next 10 years, 200,000 people were killed as the civil war engulfed the country. La Violencia was eventually resolved by a power-sharing agreement in 1958 that turned Colombia into a dictatorship and consequently set the stage for a Marxist guerrilla insurgency against the central government.
Since 1964, another 260,000 people have been killed in the current incarnation of the Colombian armed conflict, and the war-torn provinces of Arauca, Casanare, Norte de Santander and Boyacá that overlap U’wa territory have become some of the most violent and militarized states in the country. In the north of U’wa territory in Norte de Santander, when word spreads of the Colombian army’s proximity, U’wa men race back from the fields to their families so the women are not alone in their homes.
To the south of the Cocuy National Park in Boyacá province, land that once belonged to the U’wa and is still considered sacred by their people has been violated by turning it into a permanent military base to defend nearby petroleum wells from five divisions of the FARC’s formidable Eastern Block and the heavy concentration of ELN fighters in Arauca and Casanare.
Although U’wa territory falling within the borders of the national park is protected from mining under the constitution, the proximity of these intense large-scale petroleum and gas exploitation projects has greatly affected the region’s fragile and delicately interconnected ecosystems. The Andean paramos that make up much of the terrain in the south and west of U’wa territory as well as the national park absorb water like giant sponges before releasing it into the rivers that nourish all life in the cloud forests on the eastern edge of the cordillera and the vast wetland Savana called Los Llanos that stretches thousands of miles into Venezuela.
An U’wa bi-lingual teacher named Jose Cobaria sharpens his machete in the unusually dry Cobaria river. “The government invests all of its money in guns and war not education and health.” Photo: Jake Ling
These rivers are symbols of spiritual purity in U’wa cosmology, but a severe drought engulfing the region caused by overzealous mining in the Andean paramos, climate change and El Niño has turned these once mighty tributaries flowing through the U’wa ancestral lands into stony creek beds. To make matters worse, the once crystalline waters they carried from the snow-capped peaks and glaciers of the Sierra Cocuy and Güicán have been infected with a parasitic worm that stunts the indigenous children’s growth and swells their bellies, leaving them malnourished and lethargic while depleting their immune systems.
A dose of antibiotics from Cubará hospital can control the worm, but many indigenous families cannot afford the journey down the mountain to the town for a doctor’s prescription. Those that can make the trip to purge their children’s stomachs find out that after drinking one glass of water the worm is back. “We have to defend our health,” Berito told IC, “and this means examining the exploitation and contamination of the water which has cast a shadow over the rivers.”
“U’wa locals say the drinking water didn’t used to make them sick and that the parasitic worm which has recently contaminated the water supply severely affects indigenous children, swelling their stomachs and leaving them malnourished.”
Further up the mountain, 50-year-old Kuiuru Kobeua has worked 8 hours a day for the last 14 days planting seeds on a small plot carved out of the forest to make sure his wife and three children do not go hungry come harvest. Two months ago, when his test for tuberculosis in Cubará hospital turned out negative, he was sent home with a packet of Ibuprofen. Two months later, he has trouble talking between violent coughs and the constant need to clear his phlegm-filled throat and lungs. He can barely afford another trip to Cubará and fears being turned back home again with nothing but another packet of painkillers. Meanwhile, the cough is not going away and he feels increasingly weak.
Until the Colombian government establishes a Tuberculosis Clinic in Cubará, the town’s under-resourced health clinic is unable to properly identify or treat the disease such as in the case of Kuiuru Kobeua, who was sent home from the hospital with nothing but painkillers. Photo: Jake Ling
“To prevent such cases of tuberculosis,” Yimy Aguablanca said, “we need to recognize and tell the world that the actual health policies of this government do not guarantee that our U’wa brothers are protected from the disease.”
On the other side of the U’wa’s ancestral territory the Earth First Journal reports that there are not enough seats for the patients in the tin-roofed off-the-grid medical clinic in Chuscal and that some of the sick are sprawled on the cracked floor tiles. Diseases such as tuberculosis, dysentery and leishmaniasis, a parasite spread by sandflies that attacks people’s internal organs, are rife. “We’re short of everything,” Eusebio Carceres, the head nurse at the isolated healthcare outpost, told Earth First. “Antibiotics, vaccines, lab equipment – we’re even short of clean drinking water because the oil spills have poisoned so many sources around here.”
Although the Colombian government routinely sends mining engineers into and around U’wa territory through state-run petroleum companies, the government’s failure to provide the region with uncontaminated drinking water or medical specialists to heal the community’s sick is striking.
The problems facing the U’wa are compounded by the limited arable land allotted to them in the constitution. It has forced them to change their agricultural practices. In decades past, the U’wa rotated crops to conserve soil quality and left areas to regenerate for up to 12 years before returning to ensure a bountiful harvest. Now the quality of soil is declining along with the quantity of their yields; sufficient food to feed the entire community is becoming increasingly scarce. Given the choice of clearing more of their sacred forests for agriculture or starving, however, the U’wa choose to fast. Amazon Watch neatly summed up the situation: although the U’was are pacifists who are unwilling to kill anyone for their beliefs, they are willing to die for them.
On the western paramos surrounding the sacred Zizuma, Yimy Aguablanca and a hundred other rural and U’wa protesters are standing firm despite the threats sent to the Indigenous Guard. On March 25, they received a cryptic photo of a sheep, grazing below the sacred mountain, dressed in guerilla military fatigues and carrying an assault rifle. The not-so-subtle threat means the U’wa have been categorized as an armed rebel group — and therefore a military target.
“When your protests disrupt an economic activity, you become a target of armed actors who operate on behalf of those interests,” said Andrew Miller, Director of Advocacy at Amazon Watch. He added that local politicians with ties to the tourism industry have been affected economically by the U’wa’s biocultural conservation efforts. Along with the threatening photo, Miller said that rumors are now circulating about the U’wa receiving bribes from the FARC to help them re-establish contraband shipment routes through the national park.
“These are very serious accusations providing a political rationale for a violent paramilitary repression against the U’wa,” Miller told IC. “The notion that the U’wa are associated with an armed group is absurd. They are actually radical pacifists by culture.”
The third installment in this series turns to recent history centered on Berito Cobaria, catholic missionaries and the international movement against Occidental Petroleum. It will be available soon on Intercontinental Cry.
Grant Township, Indiana County, PA: Grant Township Supervisors passed a first-in-the-nation law that legalizes direct action to stop frack wastewater injection wells within the Township. Pennsylvania General Energy Company (PGE) has sued the Township to overturn a local democratically-enacted law that prohibits injection wells.
If a court does not uphold the people’s right to stop corporate activities threatening the well-being of the community, the ordinance codifies that, “any natural person may then enforce the rights and prohibitions of the charter through direct action.” Further, the ordinance states that any nonviolent direct action to enforce their Charter is protected, “prohibit[ing] any private or public actor from bringing criminal charges or filing any civil or other criminal action against those participating in nonviolent direct action.”
Grant Township Supervisor Stacy Long explained, “We’re tired of being told by corporations and our so-called environmental regulatory agencies that we can’t stop this injection well! This isn’t a game. We’re being threatened by a corporation with a history of permit violations, and that corporation wants to dump toxic frack wastewater into our Township.”
Long continued, “I live here, and I was also elected to protect the health and safety of this Township. I will do whatever it takes to provide our residents with the tools and protections they need to nonviolently resist aggressions like those being proposed by PGE.”
In 2013, residents in Grant Township learned that PGE was applying for permits that would legalize the injection well. Despite hearings, public comments, and permit appeals demonstrating the residents’ opposition to the project, the federal Environmental Protection Agency issued a permit to PGE.
Finding themselves with no other options, residents requested the help of the Community Environmental Legal Defense Fund (CELDF). Grant Township Supervisors, with broad community support, passed a CELDF-drafted Community Bill of Rights ordinance in June 2014. The ordinance established rights to clean air and water, the right to local community self-government, and the rights of nature. The proposed injection well is prohibited as a violation of those rights.
PGE promptly sued the Township, claiming that it had a “right” to inject within the Township.
The case is ongoing. Last year, in October 2015, the judge invalidated parts of the ordinance, stating that the Township lacked authority to ban injection wells. Three weeks later, in November 2015, residents voted in a new Home Rule Charter. The rights-based Charter reinstated the ban on injection wells by a 2-to-1 vote, overriding the judge’s decision.
CELDF assisted the community with the drafting of the Charter and is representing the Township in the ongoing litigation with PGE.
Grant Township Supervisor and Chairman Jon Perry summed up the situation by saying, “Sides need to be picked. Should a polluting corporation have the right to inject toxic waste, or should a community have the right to protect itself?”
Perry continued, “I was elected to serve this community, and to protect the rights in our Charter voted in by the people I represent. If we have to physically and nonviolently stop the trucks from coming in because the courts fail us, we will do so. And we invite others to stand with us.”
Those others are showing up. Tim DeChristopher, co-founder of the Climate Disobedience Center, stated, “I’m encouraged to see an entire community and its elected officials asserting their rights to defend their community from the assaults of the fossil fuel industry, and I know there are plenty of folks in the climate movement ready to stand with Grant Township.”
CELDF community organizer Chad Nicholson has been working with the community since 2014. He added, “In our country’s history, we celebrate people standing up to challenge unjust laws. The American Revolution, abolition, women’s suffrage, the labor and civil rights movements, marriage equality – all required people to take action resisting illegitimate laws. All required creating new and more just laws in their place. We applaud the people of Grant Township for taking action as their community is threatened, and asserting their rights. It is an honor to stand with them.”
If you are interested in supporting the efforts in Grant Township, please contact Stacy Long, lemonphone28@gmail.com or 724.840.7214.
This is the first installment of “The Guardians of Mother Earth,” a four-part series examining the Indigenous U’wa struggle for peace in Colombia.
On September 23, 2015, in the Palace of Conventions in Havana, Cuba, his excellency Juan Manuel Santos, the President of the Republic of Colombia, and Commander Timoleon Jimenez, Chief of General Staff of the Revolutionary Armed Forces of Colombia, signed an agreement on transitional justice and reparations to the victims of the country’s 51 year old civil war, resolving one of the final points in the country’s peace negotiations.
“We are adversaries, we come from different sides, but today we move in the same direction,” said President Santos, “this noble direction that all societies can have, is one of peace.”
In a show of unity, the warring parties all wore white-collared shirts without ties, as they sat on opposite sides of the brown mahogany tables encircling an artificially bright-green shrubbery arrangement. Around the room’s perimeter stood a throng of reporters, crowded together behind a red rope line, snapping photos of the historic handshake between the president and the leader of the country’s largest guerrilla army. A prolonged war that has killed more than 260,000 people and victimized and displaced seven million more seemed to be drawing to an end.
Among the victims of the conflict are the Indigenous Peoples of Colombia. Of the 102 tribal nations in existence today more than half are at risk of disappearing – forced displacement and mining on indigenous territory during the armed conflict have contributed heavily to the widespread demise.
A progressive genocide of negligence and privation is also taking place. The Indigenous Peoples of Colombia are routinely denied basic commodities such as antibiotics, vaccines and clean drinking water that residents of big cities take for granted, not because the country’s indigenous have been targeted for extermination, but because they have become politically insignificant.
During the Havana peace accord, the indigenous nations who trace their Colombian heritage back thousands of years, from before the time of the Spanish conquest, were not mentioned once.
Inside a wooden shack in the isolated cloud forests of eastern Colombia, three kilometers west of the Arauca river on the Venezuelan border, Berito Cobaria, the internationally recognized leader and spiritual guide of the indigenous U’wa, points out the shades on the x-ray scan of his chest. It shows the same strain of tuberculosis that is ravaging his people.
Berito X-ray. Photo: Jake Ling
The single-story hospital in Cubará, the nearest town on the river, is poorly equipped and understaffed. Visits from medical specialists are rare because the hospital is located in the “Red Zone” – conflict areas the Colombian government has declared dangerous due to the heavy concentration of guerrilla forces.
“The government needs to establish a tuberculosis clinic in Cubará,” Berito told IC. He confirmed he is slowly overcoming the deadly disease but despairs for his people as the tuberculosis outbreak rapidly spreads throughout the U’wa Nation’s ancestral lands. The U’wa believe there needs to be harmony in the world for there to be harmony in the cosmos, but the balance of nature has been disturbed and a sickness has fallen upon Berito’s people. Infectious western diseases such as influenza, dysentery, tuberculosis, and the common cold continue to wreak havoc on the unaccustomed immune systems of the U’wa, who up until the late 1940’s lived an isolated existence on the forested cliffs and the remote Andean wetlands and cloud forests of eastern Colombia.
Beginning on February 13th, 2016, Colombia’s second largest guerrilla army, the ELN (Army of National Liberation) imposed a 72-hour armed strike inside Red Zones like Cubará and other towns that border U’wa territory. Under the threat of violence, all stores and businesses in Cubará were closed, the roads were empty and lucky members of the Colombian military got three days’ rest in fortified outposts while their colleagues searched for explosives laid along Highway 66. Despite their dominance in the frontier towns along the Venezuelan border, even the ELN needs to gain permission from indigenous authorities like Berito to enter the ancestral lands of the U’wa. Known as the United U’wa Resguardo, the territory is restricted to all outsiders.
A day after the ELN’s armed strike was lifted, U’wa families on their way to Cubará to stock up on supplies of bread, sugar, eggs and tobacco were traveling barefoot or on the backs of pickup trucks past Berito’s home, which stands sentinel on the eastern border of the resguardo. Ten minutes away at the border town, Colombian soldiers had returned from their outposts to patrol the streets. Stores were serving clients, and locals walked openly with white plastic shopping bags, acts that had been banned and punishable by death during the armed strike. The only trace of the armed strike was the ubiquitous graffiti scrawled on buildings around town: “ELN – 51 YEARS OF RESISTANCE”.
Historically, U’wa territory has been of strategic importance to the Marxist guerrillas because it connects the contraband routes from Venezuela over the Arauca river to the central Andes of Boyacá province, a short drive from the capital Bogotá. Unarmed outside of the agricultural tools they use to cultivate staple crops of yucca, plantains and potatoes, the U’wa authorities will reluctantly grant permission to the ELN to pass through the resguardo on the strict condition they do not set up camp inside their territory. In return the ELN respect U’wa sovereignty, will not enter without permission and will not stop until they have traversed the steep and extremely difficult climb out of the cloud forests and cross the western border of the resguardo, below the snow-capped mountains of the Sierra Cocuy and Güicán.
This region, which is rich in lucrative oil and gas reserves, is also of great strategic importance to the United States’ and Colombian governments, multinationals like Houston-based Occidental Petroleum and Spanish oil giant RepSol, as well as the right-wing paramilitary death squads, which have been historically allied with the central government and big business. For the U’wa Peoples, however, oil is the sacred blood of their Mother Earth, and without its blood their mother will die. For more than two decades U’wa have mobilized aggressive non-violent campaigns to assert more control over their ancestral territory in the midst of one of the most troubled regions of the Colombian Civil War, but it was their struggle against Occidental Petroleum (called Oxy for short) that gained international attention in 1997, when Berito declared that his people “would rather die, protecting everything that we hold sacred, than lose everything that makes us U’wa.”
Oil blocks on U’wa territory. Map by Fidel Mingorance / HREV 2014
As Oxy pushed into the U’wa’s ancestral lands, the indigenous nation collectively threatened to commit mass suicide by leaping off a 15,000-foot cliff if drilling on their territory went ahead. This was not a publicity stunt. U’wa tribal lore tells of their people walking off the “Cliffs of Glory” en masse centuries ago rather than submit to the brutal Spanish conquistadors. The U’wa set up a makeshift village beside Occidental Petroleum’s Gibraltar 1 drilling site, and were clubbed, tear-gassed, threatened with rape, evicted, arrested, and harassed by state security forces on behalf of Oxy. A year later in 1998, Berito was given the prestigious Goldman Environmental Prize for leading the non-violent campaign against Occidental Petroleum – the same year the US multinational was complicit in the cluster-bombing of a countryside agricultural community, killing 18 civilians including 9 children, near the resguardo’s south-eastern border, in order to protect the Caño-Limon-Covenas oil pipeline.
The pipeline, jointly run by state-owned Ecopetrol and US-based Occidental Petroleum, pumps up to 220,000 barrels of crude daily from the war-torn Arauca province through U’wa territory on its way to the Caribbean coast. It was also the beneficiary of $100 million US military aid that was granted to the Colombian army in 2003, after Occidental Petroleum spent $4 million lobbying the US government to protect it. The ELN, and their ideological ally, the FARC, have bombed the pipeline more than a thousand times. The consecutive attacks over decades have spilt millions of barrels of cancerous unprocessed crude into the rivers and forests of the region, exponentially more than that of the Exxon Valdez environmental disaster.
In a separate bombing incident in March 2014, the U’wa refused to permit repairs to the pipeline until the government began dismantling the Magallanes drilling site on the northern border of the U’wa resguardo, which Ecopetrol had set up in secret months earlier. The Wall Street Journalreported the Colombian government lost $130 million during the 40-day U’wa protest, which was resolved by dismantling the new drilling rig. Ecopetrol has not cancelled the mining license, however, and the threat of exploitation remains. The most recent attack on the pipeline was a twin bomb attack by the ELN on March 15th, 2016, a week before the deadline to finalize the preliminary peace agreement that President Santos and Commander Timoleon Jimenez had agreed to six months earlier in Havana.
As the March 23rd deadline came and went without even a symbolic gesture of unity, both the FARC and government blamed each other for stalling. A week later the government saved face by announcing to the press it had entered formal peace talks with the ELN, but the country’s second-largest guerrilla army watered down public optimism by stating negotiations would not stop them from attacking critical government infrastructure, which include mining assets in the region and oil concessions surrounding U’wa territory such as Oil Block Cor 19 and Cor 45 which extend across the west and north-west of the resguardo; the Arauca oil block; and RepSol and Integra Oil drilling rigs on the resguardo’s eastern border. There is also Ecopetrol’s Siriri Oil Block, which along with Caño-Limon-Covenas is located in the north of U’wa territory.
A small fraction of a percent of the money rolling in from this multi-billion dollar mining bonanza would be more than enough to fund schools, provide fully-stocked healthcare facilities and install piping to provide clean drinking water for every indigenous and rural community in the region. In one isolated U’wa school inside the resguardo, four computers generously donated by the Colombian government gather dust because there is no electricity; here many of U’wa children are malnourished with swollen bellies because a non-native parasitic worm has contaminated the water supply. In a tin-roofed shack that serves as a hospital in Chuscal on the other side of the resguardo, the head nurse complains of the difficulty of caring for patients suffering from tuberculosis and dysentery because of a lack of vaccines, antibiotics and even clean drinking water after an oil spill contaminated the river.
Now while the international community is openly discussing buzzwords like “Peace Colombia” and “post-conflict” in anticipation of a historic peace agreement between the FARC and government, the U’wa people are demanding high-level talks with the government to address their various grievances. The government response has thus far been to ignore the U’wa, or to invite an indigenous delegation to Bogotá where low-level bureaucrats with no authority merely shuffle papers and nod their heads. Meanwhile, the tuberculosis outbreak continues to spread across U’wa territory.
The U’wa, who call themselves the people who know how to think and speak, consider themselves the Guardians of Mother Nature, and large tracts of land inside their territory have become biological reserves for jaguars, spectacled bears, as well as a kaleidoscopic array of endemic plant and bird life that do not appear anywhere else on the planet. As an ambassador for his tribe, Berito has traveled the world recruiting the support of activists of all stripes, from the late Terry Freitas, native American activists Ingrid Washinawatok and Lahe’enda’e Gay, to the founder of Amazon Watch Atossa Soltani, and Hollywood celebrities like Avatar director James Cameron.
The indigenous leader knows that the ability of his pacifist tribe of 7,000 people to defend themselves against these extremely powerful economic and political forces is limited. This is especially true while numerous multinationals and armed groups battle for control around and sometimes inside his people’s land hidden from the eyes of the international community beneath the forest canopies. Non-violence, however, needs an audience and once again the U’wa leader is calling upon the world to watch over his people.
“History is its own kind of law,” Berito said. “They say the land is dead, but it lives yet. It is only wounded by the taking of oil. The dignity of native peoples comes from the land – and like the land it can be saved.”
The second installment in this series examines the U’wa struggles against tuberculosis, parasitic worms, climate change and threats of violent paramilitary repression. You can read it here: They say the land is dead, but it lives yet
