Indigenous Peoples of Yaigojé Apaporis Victorious as Court Ousts Canadian Mining Company

Indigenous Peoples of Yaigojé Apaporis Victorious as Court Ousts Canadian Mining Company

By  / Intercontinental Cry

After five years of legal contests and uncertainty, the Colombian Constitutional Court has confirmed that Yaigojé Apaporis, an indigenous resguardo (a legally recognized, collectively owned territory), also has legitimate status as a national park.

The decision is cause for celebration for Indigenous Peoples who call the region home. But it is less welcome news for Canadian multinational mining corporation Cosigo Resources, the company contesting the area’s national park status. The court’s ruling immediately and indefinitely suspends all mining activities in the park, including Cosigo’s license to mine gold from one of Yaigojé’s most sacred areas.

In the broader context of Colombia’s push to expand mining activities in the name of development, the court’s decision is seen as a significant precedent.

Since the 1980s, Colombia has protected more than 24 million hectares of the Amazon, placing an area the size of Britain back in the hands of its traditional owners. By choosing the rights of Indigenous Peoples and a new national park over multinational mining interests, the court’s decision safeguards Colombia’s achievements rather than undermining them.

THE BATTLE FOR YUISI’S GOLDEN LENS

Straddling Amazonas and Vaupés states, comprising a million hectares of the Northwestern Colombian Amazon, the pristine forest region of Yaigojé Apaporis is rich in both biological and cultural diversity.

The area hosts endangered mammals such as the giant anteater, jaguar, manatee and pink river dolphin. It is also home to the Makuna, Tanimuka, Letuama, Barasano, Cabiyari, Yahuna and Yujup-Maku Indigenous Peoples, who share a common cosmological system and rich shamanistic traditions. Together these populations act as Yaigojé’s guardians, a role that was strengthened in 1988 when, with the assistance of Colombian NGO Gaia Amazonas, they successfully established the Yaigojé Apaporis resguardo over their traditional territory. But this status has recently been tested.

Under Colombian law, a resguardo recognition grants its inhabitants collective ownership of and rights to the soil, but the subsoil remains in the control of the state and vulnerable to prospecting. With companies seeking to exploit this loophole, the Colombian Amazon has seen a tidal wave of mining interest since the mid-2000s, with the government declaring mining an “engine for development.”

Riding at the crest of this wave, in the late 2000s Canadian mining multinational Cosigo Resources made clear to local communities in Yaigojé its intention to mine for gold at a site within the resguardo known as La Libertad or Yuisi.

Local indigenous leaders say Cosigo became known to them when company representatives visited their malocas (traditional riverside houses). The indigenous leaders allege that officials offered them money in return for assurance of support the company to mine in Yuisi. These offers were rejected.

At Yuisi, a wide stretch of the Apaporis river cascades over rocks, forming roaring rapids. To the people of Yaigojé it is a vital sacred site, inextricably tied to their story of origin, identity and ability to care for the territory and the planet as a whole. Elders say “Yuisi is the crib of our way of thinking, of life and power. Everything is born here in thought: nature, the crops, trees, fruits, everything that exists, exists before in thought.”

Local shaman describe the gold and other minerals that form the bedrock of their territory as ‘lenses’ that allow them to see into the Earth, divine or diagnose any problems and correct them through rituals, prayer and thought. If gold were to be removed from Yuisi, they would lose their ability to cure and manage their territory as they have done for millennia. This is because an integral part of the territory itself would be lost. The notion that territory stops at the soil “as deep as the manioc’s root” is alien.

With negotiation with Cosigo out of the question, the traditional authorities in Yaigojé called an urgent congress of the Asociación de Capitanes Indígenas del Yaigojé Apaporis (ACIYA), an indigenous organization formed of groups living along the Apaporis River, in the area of Yaigojé that lies in Amazonas State. Having discussed the dangers posed by Cosigo’s presence and plans, ACIYA agreed that they must seek help from outside sources to further protect their territory.

“The best way to shield the territory was to call upon the state. In other words: Western disease is cured by Western medicine. If all mining licenses are given by the state, it is necessary to call on the state to defend the territory,” says Gerardo Macuna, a representative of ACIYA.

Advised that achieving national park status would extend protection to the subsoil, ACIYA and its supporters formally requested that the Colombian Government create a national park over their resguardo and traditional territory.

The people’s effort to add a third layer of protection for their territory was successful. In October 2009, Yaigojé Apaporis became Colombia’s 55th national protected area, but celebrations were short lived. Just two days after the area was awarded national park status, Cosigo Resources was granted a mining title for the Yuisi area, catalysing an epic struggle between Colombia’s will to protect the Amazon, with the help of indigenous inhabitants, or exploit it at their expense by prioritizing mining.

DEEP IN THE AMAZON, A SMOKING GUN

Map of Yaigojé-Apaporis Resguardo / National Park (Fundacion Gaia Amazonas, 2014)

Despite having been granted a license, Yaigojé’s new status as a national park remained an obstacle to Cosigo. The national park status, and its accompanying legal protections for the subsoil, would need to be revoked before mining could begin.

Facing stiff opposition from both ACIYA and the Colombian National Parks authorities just as Cosigo appeared to be fighting an uphill battle, the company got what seemed an almost impossible stroke of luck. A few months after Yaigojé was declared a national park, members of indigenous organization ACITAVA from the region of Yaigojé lying in Vaupés State launched a legal challenge to Yaigojé’s status at the Colombian Constitutional Court. Led by a local settler named Benigno Perilla, the challengers said that they had not been fully or adequately consulted in the process of creating the national park and it therefore violated their right to Free Prior and Informed Consent.

With an apparently complex conflict unfolding between Yaigojé’s Indigenous Peoples and the area’s national park status–its ecological and social integrity held in the balance–a legal deadlock ensued. This situation persisted for three years, until January 2014, when in an unprecedented move, three judges from Colombia’s Constitutional Court made the decision to travel to the heart of the Colombian Amazon to hold a hearing and consult with communities first hand.

Jorge Iván Palacio, president of the court, explained the court’s decision to make the journey by stating that “there is no justice unless we know what they think in the communities.” The ensuing hearing thoroughly vindicated his observation.

Before 160 indigenous inhabitants from along the Apaporis River and the judges, Benigno Perilla publicly admitted that his and ACITAVA’s legal strategy was encouraged, organized and paid for by Cosigo Resources. In what would prove the critical turning point in the case, the indigenous members of ACITAVA who had supported the challenge made a public apology, said they had been misled and declared their support for the creation of the national park.

A NEW DAWN FOR INDIGENOUS-LED CONSERVATION

Although it has been more than another year coming, the Colombian Constitutional Court has ousted Cosigo and legitimized the declaration of Yaigojé Apaporis as a national park. The decision recognizes the authority of the area’s Indigenous Peoples and protects their fundamental rights to culture, identity and consultation.

The decision is regarded as a significantly positive precedent for future conflicts between mining operations, protected areas and their indigenous inhabitants, at a time when Colombia has declared mining to be in the national interest.

The judges found sufficient evidence of wrongdoing by Cosigo to ask Colombia’s Justice Minister to open an investigation into the company’s consultation processes and interactions with communities in the Yaigojé area. Recently published revisions to Colombia’s projects of national interest have seen Cosigo’s project removed from the list. The company is said to be reviewing its legal options.

Confirming the compatibility of indigenous resguardos and national parks, the court has also opened up the possibility for others to follow Yaigojé’s example and enhance the protection of their territories from destructive or unwanted “development.”

Since Yaigojé was declared a national park, and in spite of the legal wrangle over its future, ACIYA and local indigenous youths have been pioneering a powerful new conservation paradigm that values indigenous knowledge and places it at the root of national park management.

ACIYA’s work to find a method of conservation that both works for them and allows for close collaboration with Colombia’s national park authorities is the subject of a recent film and won the group the prestigious UNDP Equator Prize in 2014. Their approach stands in stark contrast to technocratic, neo-colonialist conservation norms founded on a misplaced belief in pristine, unmanaged wilderness. These have been criticized by Indigenous Peoples and rights groups for excluding and forcibly displacing indigenous communities, fencing them out of their own lands and so obstructing their right to practice their cultures.

As part of their program, 27 young indigenous leaders from nine communities in Yaigojé have engaged in a deep process of cultural research. Advised by their elders, they have documented, mapped and recorded their peoples’ traditional practices for safeguarding and conserving the forest. In the words of one researcher, the aim has been to “transmit traditional knowledge to the younger generations and protect our ancestral territory.” So far, they have succeeded in doing both.

The research produced by ACIYA will now be used to define the management of the Yaigojé Apaporis National Park, further legitimizing local indigenous knowledge systems that have protected the life-support capacities of this rainforest region for generation after generation.

“Indigenous people are the natural allies of the rainforest and the whole environmental movement,” says former director of Gaia Amazonas Martin Von Hildebrand. “They have the traditional knowledge, they are organized. We just need to support them with what they need to run their own territories.”

Territories of Life: A Free Video Toolkit for Indigenous Peoples About Land and Rights

Territories of Life: A Free Video Toolkit for Indigenous Peoples About Land and Rights

By Intercontinental Cry

Territories of Life is a video toolkit with a purpose. It’s aim: to bring stories of resistance, resilience and hope to indigenous communities on the frontline of the global rush for land.

Produced by our friends at LifeMosaic, a non-profit based in Scotland, the Territories of Life toolkit consists of ten stories that were filmed in communities across Indonesia, Philippines, Guatemala, Ecuador, Colombia, Paraguay, Tanzania and Cameroon.

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“The videos in the Territories of Life toolkit share inspirational stories of communities that are successfully organizing to defend their territories and their futures,” reads a press release from LifeMosaic. They include “The story of Maasai indigenous women in Tanzania who used awareness raising, protests and political pressure to lead a movement in defense of their territory; and the Misak indigenous people in Colombia who have developed and are carrying out their Plan de Vida, a long‐term vision for self-determined development.”

The toolkit also includes a few primers on land rights, land grabs, and common tactics that companies use to convince communities to accept and support their projects.

LifeMosaic goes on to say that, “The video toolkit and accompanying facilitators’ guide are intended to support indigenous peoples as they exercise their right to free, prior and informed consent; advocate for their rights; participate more actively in local spatial planning; and draw up village action plans for self‐determined development and for protecting their territories, forests and resources.”

It’s more than mere lip service. LifeMosaic is actively working with hundreds of local partners to facilitate the free distribution of Territories of Life to indigenous communities and supporting organizations around the world.

To order a copy of the toolkit, visit www.lifemosaic.net. If other groups request a DVD, LifeMosaic recommends a donation of $11 (£10). The videos can also be downloaded online at their website.

 

Battleground BC: Phase Two of the Resistance

Battleground BC: Phase Two of the Resistance

By Zoe Blunt, Vancouver Island Community Forest Action Network

In every part of the province, industry is laying waste to huge areas of wilderness – unceded indigenous land – for mining, fracking, oil, and hydroelectric projects. This frenzy of extraction is funneling down to the port cities of the Pacific and west to China.

Prime Minister Harper has stripped away legal options to stop this pillaging by signing a new resource trade agreement with China that trumps Canadian and local laws and indigenous rights. Not even a new government has the power to change this agreement for 31 years.

For mainstream environmental groups (and my lawyers, who were in the middle of a Supreme Court challenge to the trade agreement when Harper pre-empted them), it is a total rout. We are used to losing, but not like this.

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The only light on the horizon is the rise of direct resistance. BC’s long history of large-scale grassroots action (and effective covert sabotage) is the foundation of this radical resurgence.

This time it’s different. This time we can write off the Big Greens. Tzeporah Berman, once the face of the Clayoquot Sound civil disobedience protests and now head of the Tar Sands Solutions Project, is publicly proposing that enviros capitulate in the hopes of a slightly greener pipeline apocalypse.

As usual, Berman and her kind are far behind the people they pretend to lead. Public opinion is hardening against pipelines and resource extraction.

But the question hangs over us like smoke from an approaching wildfire. How to stop it? The courts are hogtied. The law has no power. The people have no agency. This government simply brushes them aside and carries on. We get it. We’ve had our faces rubbed in it.

This is activist failure. The phase of the movement when most of the public is already on side, when we have filed all the lawsuits, taken to the streets in every city, overflowed every public hearing, and uttered every threat we can muster – and the end result is they are bulldozing this province from the tarsands straight to the coast.

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This is the moment when we can expect activists, especially mainstream enviros, to become demoralized and quit or capitulate. Or delude themselves. Green groups are casting about for a strategy that will allow their donors to maintain false hope in a democratic solution. Some are still trying to raise money for legal challenges that can simply be overruled by the treaty with China.

But small cadres are preparing the second phase of the resistance. Indigenous groups are reclaiming territory and blocking development at remote river crossings, on strategic access roads, and in crucial mountain passes. Urban cells are locking down to gates, vandalizing corporate offices, and organizing street takeovers.

It’s a good start. But now we have to look at how to be effective against powerful adversaries with the full weight of the law and the police on their side. How will we protect the land and each other, when push comes to shove?

The new rules don’t change our strategy to bring down the enemy: kick them in the bottom line. The resource sector will wind tighter as competition to feed China intensifies. Profits are slim enough to start with – made up in volume – and investors are jittery already.

We urge our allies to heed the lessons of history. We don’t win by giving up. Tenacity, flexibility, and diversity of tactics turn back the invaders.

Celebrate the warriors. Raise that banner now, and we’ll find out soon enough who’s with us, and who’s looking to appease our new dictators.

Ahousaht Nation Makes Salmon Farm Pull Anchors

by  / Intercontinental Cry 

Ahousaht, BC Canada – On Monday morning at daybreak Cermaq has said it will be pulling anchor on its new salmon farm north of Tofino, British Columbia. The Province of BC granted Cermaq licenses and permits to operate a relocation fish farm at a site called Yaakswiis in July.

When Cermaq attempted to anchor the farm there 10 days ago, five Ahousaht men stepped onto the farm and told the Cermaq crew to leave. They vowed they would risk arrest rather than see another salmon farm in their territory.

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The standoff began on September 9, as Cermaq was dropping its anchors in a remote region in Ahousaht territory. The Ahousaht don’t want more salmon farms because they have seen a decline in shellfish, salmon and herring since salmon farms appeared in their territory in about 1999.

There are currently already 16 Cermaq salmon farm sites in Ahousaht territory. Despite promises of employment and prosperity only 15 jobs have been created in the remote village of 1000 people; Ahousaht Nation itself has 2000 + members in total.

“It’s common sense,” said Ahousaht tourism business owner, Lennie John who was the first on scene when Cermaq tried to anchor the farm.

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“We fish in these waters for food, we don’t go into Cermaq’s kitchen and leave a mess all over their floor.”

Food, people and support poured into the remote protest camp. People slept in tents tied down to prevent them from blowing away. A small boat was used to cook meals. They called it the Yaakswiis Ocean Action Camp.

The Yaakswiis warriors stated that the Cermaq salmon farm was not legal because the Ahousaht people had not been consulted, nor did they consent, a requirement written into the protocol Cermaq and MHSS (Maaqtusiis Hahouthee Stewardship Society) signed. Consent is also a requirement to fulfill the legal obligations the province has in regards to Ahousaht’s collectively held Aboriginal rights and title.

Additionally, Free Prior and Informed Consent is required by the UN Declaration of the Rights of Indigenous Peoples, therefore, they declared all Cermaq protocols, agreements and operations were nullified and illegal.

70b“We don’t want any more salmon farm sites in our territory and will be taking a much closer look at this industry,” Joe James Rampanen.

“We don’t want future generations to inherit a legacy of pollution, these waters feed us.”
“Just because three chiefs signed your agreement doesn’t mean you have consent from the whole Ahousaht Nation,” Marshall Thomas told the Cermaq crew.

Lennie John said he will be watching where this farm goes. “Cermaq, you are done here.”

Monday night there is a community celebration dinner in Ahousaht. The Ahousaht are looking forward to written confirmation from Cermaq and MHSS that no new fish farms will be sited, relocated or expanded for time immemorial in Ahousaht territory.

This article originally appeared at Gorilla Radio blog. Photos: Yaakswiis.  Republished with permission by Intercontinental Cry.
Rapa Nui leaders seek protection from Chile armed forces

Rapa Nui leaders seek protection from Chile armed forces

By  / Intercontinental Cry

WASHINGTON, D.C. — Renewed tension between the Rapa Nui people and the Chilean government has prompted the Indian Law Resource Center to file a request for protection orders on behalf of the Rapa Nui clans with an international human rights body.

“In the last two weeks, four prominent Rapa Nui leaders were unjustly arrested and jailed for trying to exercise their right of self-determination and their right to protect their sacred sites,” said Leonardo Crippa, senior attorney in the Center’s Washington, D.C. office. “The repressive measures aimed at disabling the Rapa Nui Parliament must stop.”

The Center has asked the Inter-American Commission on Human Rights (IACHR) to reissue precautionary measures to protect the Rapa Nui peoples’ right to life, their right to liberty and to protect their basic human rights. In 2010, the Commission granted precautionary measures under similar circumstances to protect Rapa Nui leaders from violent evictions by the Chilean government and opened an investigation regarding human rights violations. Those measures were allowed to lapse after negotiations began between the Rapa Nui Parliament and the Chilean government. In March 2015, negotiations broke down and the Rapa Nui Parliament assumed management of their own resources to protect and preserve their sacred sites.

“Chile treats the Rapa Nui as sub-human and without rights,” said Santi Hitorangi, a member of the Hito Clan, as he described the tension on Easter Island. “The fact that the state has named our ancestral sites as a national park for their entertainment shows the degree of disrespect that exists between Chile and the Rapa Nui people.”

The Rapa Nui island, commonly known as Easter Island, is in the southeastern Pacific Ocean and is called a special territory of Chile, annexed in 1933 without the consent of the Rapa Nui people. Most of the 36 Rapa Nui clans have been engaged in a collective effort to recover their ancestral lands, protect sacred sites, and exercise their right of self-determination.

The IACHR’s mission is to promote and protect human rights. As an organ of the Organization of American States, the Commission has the authority to hold countries such as Chile accountable for human rights abuses. A decision by IACHR on reissuing precautionary measures could come within a few months.

Contact
Ginny Underwood gunderwood@indianlaw.org +1-405-229-7210

The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. The Center is based in Helena, Montana, and also has an office in Washington, D.C. The Center provides legal assistance without charge to Indian nations and other indigenous peoples throughout the Americas that are working to protect their lands, resources, human rights, environment and cultural heritage. The Center’s principal goal is the preservation and well-being of Indian and other Native peoples. For more information, please visit us online at www.indianlaw.org orwww.facebook.com/indianlawresourcecenter.

 

Rising Tensions in Bolivia Over Oil and Gas Exploitation on Indigenous Lands

Rising Tensions in Bolivia Over Oil and Gas Exploitation on Indigenous Lands

by Fionuala Cregan / Intercontinental Cry

 

On August 19, members of the People’s Guarani Assembly of Takova Mora blocked a main highway in the Chaco region of Bolivia demanding their right to free, prior and informed consent regarding oil extraction on their communal lands. The Government responded by sending in 300 police who broke up the demonstration by force.

Police repression of the blockade in Takovo Mora. (Photo OIEDC)

Police repression of the blockade in Takovo Mora. (Photo OIEDC)

Using tear gas and batons, police then raided the nearby community of Yateirenda–where many of the demonstrators had fled–damaging property and violently arresting 27 people, including 2 youth aged 14 and 17.

According to eye witnesses,

The behaviour of the police was more like that of mercenaries who raided the community without any arrest warrant, attacked houses and used violence to detain leaders.

All 27 detainees were released the following day; however, 17 of them were given extrajudicial sanctions (medidas sustantivas) to prevent them from participating in road blocks or being involved in any events related to the Takova Mora conflict.

This confrontation takes place amidst rising tensions between the Government of Evo Morales and Indigenous Peoples, environmental advocacy groups and civil society organizations critical of his extractivist policies.

Read more at Intercontinental Cry