In a lawsuit that will inspire and galvanize many other indigenous communities across the Amazon for years to come, the Kofan of Sinangoe have won a trial against four Ecuadorian ministries and agencies for having granted or attempted to grant more than 30,000 hectares of mining concessions in pristine Amazonian rainforest on the border of their ancestral land without their free, prior and informed consent. The destructive mining operations that were taking place within these concessions threatened not only the Kofan’s lives, culture and health, but also those of the countless communities located downriver.
In a historic decision on Friday July 27th 2018, a regional judge accepted the evidence provided by the community, charged the government with not having consulted the Kofan, and suspended all mining activity in more than 52 concessions in the headwaters of the Aguarico River. The decision was immediately appealed by all the authorities involved, and then by Sinangoe and their ally in the Defensoria del Pueblo, who seek an even tougher verdict recognizing that rights to health, water and a clean environment had also been violated. The case will be brought before a provincial judge in August, 2018.
The free, prior and informed consent loophole
Like in many places around the world, the Ecuadorian government has a mining claim system built to facilitate any interested party in purchasing cheap concessions— maximizing foreign interests and accelerating the approval process. Although both Ecuador’s Mining Act and the Constitution recognize the need for Free, Prior and Informed Consent from stakeholder communities for mining operations, it is still mostly a theoretical concept ignored by Ecuadorian agencies. Hence Sinangoe’s lawsuit. According to the experts heard over the course of the legal process, the Mining ministry leaves the “consultation” to the mining company or the concession owners themselves, which in turn have no legal obligation to consult with local people, and often will perform their “consultation” through a phone call or by handing out a simple information pamphlet. In the case of Sinangoe, it was when machines started tearing up the riverbed of the Aguarico looking for gold that the community learned about the new concessions.
The Environment ministry, on the other end, stipulated in the courtroom that it is not responsible for consulting with communities impacted by mining. Interestingly, according to the Mining Act, the Environment Ministry needs to grant environmental licenses before operations can begin, unless the granting process takes more than 6 months, in which case – as unbelievable as this is – the permits are automatically granted to the operators. So basically, via a very simple bureaucratic process involving nothing more than paperwork, a mining operator can very quickly obtain 20 to 25-year land claims within 6 months, while the impacted communities living downstream haven’t even heard about the concessions. This is a loophole the judge described as a violation of the right to free, prior and informed consent, a verdict that will help many other communities facing the same threats in a country where gold mining is booming.
When rigorous community monitoring pays off
Throughout the lawsuit, the ministries’ lawyers vigorously tried to destroy Sinangoe’s evidence, credibility, ownership of and ancestral claims to the land. They downplayed the environmental damage documented by Sinangoe, claiming that the Kofan aren’t impacted by the mining operations because their land is on the other side of the river and that legal mining has minimal footprint on the environment. However, Sinangoe had done what will likely inspire many other communities: they had documented every step made by the miners through rigorous and systematic monitoring using high tech mapping, filming, archiving all evidence, and then they used legal tactics to pressure every single level of government to act to stop the operations. Systematic recording of all the different types of evidence helped build a solid case against a negligent concession-granting system.
Once in the courtroom, Sinangoe had accrued such a massive body of evidence of environmental damage and inaction on the part of the government that the judge requested a field inspection, a key event that helped him understand the scale of the damage already done, showed the deep connection the Kofan have with the area transformed into mining concessions, discredited the ministries’ arguments, and also allowed him to witness the sheer beauty of the area at risk.
Evidence provided by Sinangoe in court to show the rapidity and expanse of environmental damages on the shores of the Aguarico River
A first legal victory, but the battle for land and rights still rages
To the officials sitting in their offices in Quito, these concessions were nothing more than coordinates and squares on a map, but to the Kofan who live across the riverbank, the area is a place imbued with life, history, sustenance, stories and so much more. To grant concessions without experiencing the place in and of itself, either through field visits or proper consultation with the people who inhabit and use the territory, is a transgression of the inherent value of sites so rich in history and biodiversity.
Sinangoe’s strength has been put to trial, and the community’s perseverance and conviction have provided them a first legal victory and attracted support from various indigenous and human rights organization across the country. With all ministries involved appealing the judgment, the Kofan will need more strength and support to navigate the next wave of legal governmental intimidation.
Alex Lucitante, Kofan human rights defender, engaging with the media after the historic legal victory.
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Last June, an Ecuadorean court ordered the suspension of all mining activities by a Chinese corporation in the highlands of Rio Blanco, in the Molleturo area of the Cajas Nature Reserve. It was a local court in Cuenca that gave the historic sentence: a court shut down an active mine for the first time in the history of Ecuador. Judge Paúl Serrano determined that the Chinese private corporation Junefield/Ecuagoldmining South America had failed to consult with the communities as required by Ecuador’s Constitution and by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
Judge Serrano deemed the mining activity illegal and ordered the corporation to immediately suspend all its activities. Within two weeks, local communities accompanied police forces and local government officials in monitoring that the court order was respected.
Police and Molleturo communities discuss procedures to monitor the suspension of mining activities. Photo: Manuela Picq
The company appealed, and pressure was on the rise for the following hearing. The Chinese corporation privately offered $18 million to community leaders. Ecuador’s President, the Minister of Mines and the Minister of the Environment visited the province to pressure the local courts and indigenous communities to accept the mining activity. They defended “sustainable” mining as a form of development.
Affected communities consolidated their resistance, monitoring the access to the mine to impede mine workers to enter their territories, building support from neighboring communities, and informing the international community of the legal stakes.
Photo: Manuela Picq
On July 23, 2018, the court met again to either ratify or revert the decision to suspend mining activities in Rio Blanco. The court listened to all sides along with some expert testimonies; but there were discrepancies among the judges who postponed their verdict for another week.
Molleturo’s lasting vigilance for their waters
The Rio Blanco mine is located in the Molleturo-Mollepongo region, above ten thousand feet in the Andes. The mining license encompasses approximately six thousand hectares of paramos, lakes, and primary forests that nourish eight important rivers. This area replenishes the water system of the Cajas National Park, one of the largest and most complex water systems of Ecuador, which covers over a million hectares and holds immense water reserves.
The area is recognized as a natural biosphere reserve by UNESCO. These mountains have long been the home of Kañari-Kichwa indigenous communities. There are 12 archeological sites in the Molleturo area alone: the most famous one is the Paredones archeological site, located right by the mine.
Photo: Manuela Picq
The area is also a vital supply of water. These paramos provide water to 72 communities in Molleturo, freshwater to towns in the southern coast of Ecuador and to the city of Cuenca, the country’s third largest city which praises the quality of its drinking water.
The Rio Blanco mine is expected to be active for seven years, removing about 800 tons of rock per day and using cyanide to extract gold and silver. This entails an estimate of one thousand liters of water per hour that would be contaminated with deadly toxic waste, including arsenic, before being thrown back into rivers and soil.
Local indigenous communities were never consulted prior to the development of the project that would benefit from a recent Ecuadorean law incentivizing foreign investment. Nor did they give their consent to the licensing of their territories to the Junefield corporation. They reject the mine because it would contaminate their waters.
Photo: Manuela Picq
Women are at the forefront of the resistance that began almost two decades ago, when the mining license was first issued. Molleturo communities have been arguing in defense of water more or less actively over the last decade and a half but stepped it up when the mine started its activity in May 2018. Protests exploded, and a group burned out the miner’s living quarters.
Nobody was hurt in the explosion, but the police intervened, heavily armed, to militarize the area. The next day, protesters called in the president of Ecuador’s Confederation of Kichwa People Peoples for help, Yaku Perez Guartambel, but workers from the mine kidnapped him for eight hours, threatening to kill him. Tensions boiled to new heights.
Prior consultation as a fundamental indigenous human right
The Judge ordered the suspension on the mine–invoking constitutional and international indigenous rights to prior consultation.
Rosa, a delegate from the Andean Network of Indigenous Organizations (CAOI), discusses the territorial dimension of self-determination to community members gathered in the páramos of the Cajas mountain range. Photo: Manuela Picq
Since 1989, Art. 6 of the International Labor Organization Convention 169 safeguards indigenous rights to prior consultation on projects taking place on indigenous territories. Art. 18 of UNDRIP establishes indigenous rights to participate in decision making relating to their territories, and Art. 19 establishes that states must consult “in good faith” to obtain indigenous “prior, free, and informed consent: about legislative of administrative measures impacting their communities. In 2016, Art. 25 of the American Declaration on the Rights of Indigenous Peoples reiterated these principles in the context of the Organization of American States.
Prior consultation is not a simple law; it constitutes a fundamental human right of indigenous peoples because their existence is intimately tied to their territories. Their culture, lifeways, and community structures are woven into territorial autonomy.
An Amicus Curiae from a Chinese environmental lawyer
About half a dozen amicus curiaes were presented to Cuenca’s court supporting the communities right to prior consultation, from a range of organizations including the Environmental Defense Law Center, Ecuador’s Ecumenic Commission of Human Rights (CEDHU) and the Ecuadorian group Critical Geographies. Amicus were presented by scholars from Ecuadorean and American universities, including Universidad Internacional del Ecuador, Universidad de Cuenca, Universidad San Francisco de Quito, American University, and Coastal Carolina University.
Environmental lawyer Jingjing Zhang, from Beijing, submitted an amicus in which she provided an overview of relevant Chinese laws and regulations. She testified to the court on July 23, 2018, explaining that China ratified the UN Declaration on the Rights of Indigenous Peoples in 2007, thus supporting prior consultation and consent for any project on their territories. She reminded the words of the Chinese delegate at the 13th Session of the UN Permanent forum on Indigenous Issues (2014): “ the international community is duty bound to fully meet the legitimate requests of indigenous peoples, to promote and protect their basic human rights and freedoms, to safeguard the natural environment and resources on which their survival depends” and China “firmly supports the promotion and protection of the basic human rights and fundamental freedoms of all indigenous peoples around the world. ”
Jingjing testifies to the court in Cuenca, July 23 2018, with an interpreter. Photo: Manuela Picq
She explained to the court that China has regulations establishing that enterprises may not violate international treaties ratified by the Chinese government and that they are bound by the laws and environmental regulations of the host country. She stated that The Communist Party of China (CPC), State Council, and various government agencies have issued policy guidelines that encourage Chinese companies to focus on ecological environmental protection in their foreign investments. In her view, the Chinese government has deep concerns on the law-abiding and environmental performance of Chinese companies operating overseas.
Her amicus concluded that China’s Environmental Protection Law, Environmental Impact Assessment Law, and the Government Information Disclosure Regulation have strict provisions on the public participation rights of citizens. These regulations are based on the same principles and contain similar provisions to the Ecuadorian norms on the rights of indigenous peoples to prior consultation.
One step forward or two sets back?
The court sentence to suspend the mine marked a milestone of hope to Indigenous peoples and nature defenders. Yet the old tactics of legal warfare are still in use. Within a week of the court sentence, over 20 nature defenders were criminalized, eight of them charged with the crime of sabotage.
The private corporation Junefield/Ecuagoldmining South America did not have to do engage in public debate, Ecuador’s government is taking the lead. It was the Ministry of the Interior who accused indigenous peoples to defend the interests of the Chinese corporation. “The state proves that it is the best lawyer of mining companies,” says Yaku Perez Guartambel.
Will the criminalization of nature defenders continue? For now, judges are holding off a final verdict, and as the clock ticks political and economic pressures thicken. Molleturo leader Fausto Castro says that communities want their right to life back, and that they seek a peaceful solution to this mining conflict. It is indeed an achievement that serious confrontations were avoided, but this may not last forever. Yesterday, when the Judge staved off sentence as hundreds of nature defenders awaited outside the courtroom, many expressed their fears: “if the court reverts its sentence to benefit the State, it is a declaration of war.”
PUYO, ECUADOR – As in many spots around the globe, Women’s Day in Ecuador was marked by manifestations vindicating their role within society. For Indigenous women in the country, this was no exception. Unlike the short-lived momentum of the date, however, their strategy extended well beyond commemorative schedules. Their objective was clear: Their voices had to reach the country’s Presidential Palace.
For over nine months, political dialogues between Indigenous organizations and President Lenin Moreno’s government have left scattered results. Yet the gap from words to deeds remains firmly in place. The government’s reluctance to fully implement compromises was exposed when, early this month, the Minister of Hydrocarbons announced that a further oil auction is underway despite an explicit commitment to the contrary.
Or worse, when Ecuadorian Minister of Mines Rebeca Illescas, in a clear act of defiance, bypassed Indigenous legitimate leaders and introduced a co-opted low-rank Indigenous representative to give support to the country’s participation at the Prospectors and Developers Association in Canada (PDAC), a major mining investment event earlier this month, a move that was promptly repudiated by Shuar Indigenous Leaders.
Negotiations with the Moreno administration continue with no promising prospects despite all these low blows. Yet what the government did not see coming was that an unexpected group of major players is starting to take its toll on the discussions with a voice of their own: Indigenous women.
March in Puyo on Women’s Day. Credit: Andrés Viera V.
From the heart of Ecuador’s Amazon
In Puyo, the capital of Pastaza –Ecuador’s biggest Amazonian province–, Indigenous women from all over the Amazon region started off their own efforts to further pressure the government. Leaders of seven nationalities including the Andoa, Achuar, Kichwa, Shuar, Shiwiar, Sapara and Waorani were present at the event.
Led by female Indigenous leaders from the Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENAIE), the main Indigenous organizations in the Oriente region, the movement strategically crafted a bold agenda that extended for four days.
On March 8, seizing the visibility of the date, the events set off with a march that set the tone for their demands in defense of their territories. Around 350 Indigenous women from across the Ecuadorian Amazon marched down the streets of Puyo to speak up against the extractivist industries.
The message was clear: They had had more than enough of the contamination and exploitation of their territories.
March in Puyo reassembling Indigenous female leaders from seven nationalities of the Amazon region. Credit: Yasunidos
The march was followed by a three-day gathering in Union Base, a landmark concentration spot at the outskirts of Puyo from where major Indigenous protests have been launched in the past. IC Magazine attended the event, which included the establishment of a women-only Assembly of Amazonian Women. For the inaugural session on Friday, March 9, around 400 assembly members had registered, including female leaders and representatives from across the country who had responded to the call of the organizers.
Upon inaugurating what was going to be a three-day session before embarking on a trip to the country’s capital, Elvia Dagua, CONFENAIE’s Leader of Women, reminded the audience that “Women’s Day is not March 8 alone, but every single day of the year.” This, she said, is because there is no life without women, before inviting the few male attendants to also join their cause.
“Together, men and women, we are going to defend our Mother Earth,” she said, as she opened the floor for participants to intervene.
According to Patricia Gualinga, a well-known Indigenous leader of the Sarayaku community and also a participant of the congress, the goal of this series of events is to make women’s voices and proposals heard. In her view, their aim is to awaken public opinion in the face of their latent fearsof what lies ahead. The government, Gualinga told IC Magazine, is calling for another oil auction in the South-East of the country’s Amazon, which is the reason why women are raising their voices in unity.
Leading panel for the Assembly of Amazonian Women on March 9 in Union Base. Credit: Ursula Cliff
Towards a different relationship with Nature
Throughout the opening session, assembly participants were asked to share their own experiences with extractivist activities, as well as to advance concrete proposals for overcoming them. Be it caused by mining or oil extraction activities, stories portraying violence and discrimination cut across themes that marked the interventions.
A participant at the Assembly of Amazonian Women. Credit: Ursula Cliff
Another recurring topic was the importance of such events in bringing together efforts to speak with one voice. Alexandra Proaño Malaver, president of the Andoa nationality located in the province’s far eastern border with Peru, expressed to IC Magazine her desire for local communities to further be included in such events.
“For us women, to talk about the defense of our territories and of life itself, we should do it from the communities” she said. The struggle should not only come from those women who live in the city, she explained, for it is “us, Indigenous women, that day by day are sowing and harvesting […] and thus sustaining life in our communities.”
Far from excluding men, all female leaders talked about a certain gender balance. Proaño, for instance, reckoned that “equity between man and woman is very important for [them]” while pointing out the experiences within her own nationality. A point that was further corroborated by Gualinga when she said, “We do not exclude men; we actually strengthen the relationship between (women and men).”
“This is simply a kind of space where we women regain our own voice,” she added.
Patricia Gualinga’s intervention in the Assembly of Amazonian Women unveiling the Kawsak Sacha project of the Sarayaku community. Credit: Andrés Viera V.
During her long-awaited intervention within the assembly, Patricia Gualinga unveiled her community’s proposal for overcoming the constant failures of what in her view are top-down approaches for the protection of the Amazon. Elaborated by members of the Sarayaku community, Kawsak Sacha, Living Forest in Kichwa is a new scheme when it comes to natural conservation, she said, that leaves the responsibility of the protection of the Amazon in the hands of Indigenous people.
In her view, this is a proposal that intends “to change the conception of everything that we have been taught at school,” for it is based on her own ancestral traditions and Indigenous ways of relating to Nature. The project’s goal, she said, is “to transform the whole scheme on which the current and obsolete economic system is based.”
Without providing further details as to the specifics of the project besides a major launch event in Quito in the coming months, Gualinga’s intervention served rather to spur the mood of the audience.
“This is a proposal for and by us; nobody has done the thinking for us,” she proclaimed in a boost to the pride of Indigenous women and their holistic relation to Nature that they want to share with the world.
Alicia Cahuiya, another experienced Indigenous leader from the Waorani nationality located in Yasuní National Park, shared with IC Magazine some key insights as to the overall message they are trying to send. “The government needs to understand that these are ancestral territories,” she said. “We don’t want more oil and mining companies; our territories need to be respected.”
Confronted with the government’s continued neglect, their message seems to preserve the living voices of the Amazon. “This is our home; here we have lagoons, waterfalls and animals and they all have spirits,” Cahuiya said, the government needs to grasp that “they all need to be included and heard, because our lives are interconnected with theirs.”
Waorani leader, Alicia Cahuiya, intervening in front of the Assembly of Amazonian Women to expose the dangers of the oil industry within the Yasuní National Park. Credit: Andrés Viera V.
Standing up in unity, directly defying power
The working sessions in Puyo resulted in a document that incorporated all their demands. The next and final destination was Quito, Ecuador’s capital, to hand down their ‘mandate’ to the President himself.
Indeed, on Monday, March 12, the march reached the capital for a press conference scheduled at the Independence Plaza, right in front of the Presidential Palace.
The collectively crafted document called Mandate of Amazonian Women included 22 specific requests headed by the most urgent demand: rejecting what they consider “illegal contracts or agreements between local authorities and any oil, mining, hydroelectric or logging company,” for “we are more than 50% of the Indigenous population, we are the carriers of life and take care of our families and Mother Earth.”
The document also included, among others, their rejection to the upcoming oil auction of 16 blocks located in Ecuador’s South-East Amazon region, their request to overturn recent oil concessions in blocks 79, 83, 74, 75 and 28, as well as their solidarity and demands for the liberation of Indigenous leaders Bosco Wisum and Freddy Taish, arbitrarily imprisoned for their upfront rejection of mining activities in Shuar territories in Morona Santiago, the country’s southernmost Amazon province.
Despite mild police repression in front of the Presidential Palace, the leaders of the Indigenous women conveyed their willingness to stay until the President hears them. As of the time of this publication, Lenin Moreno had not given any response. Whether he will attend those demands or not, the message has been clear. The striking echo of their demands will be hard to ignore, for voices of the Amazon have now joined their cause.
Indigenous women gathered at the Independence Plaza to hand down their demands to the president. Credit: Yasunidos
For the Sápara Peoples of the Ecuadorian Amazon, “Sinchi”, or “sacred” is the term that best describes their ancestral language and forests. Though abundant with meaning, the Sápara never had a word for “sacred”. There was simply no need for it until they faced the threat of possible extinction. The term “sacred” became crucial in the Sápara’s battle to garner attention and support from those around them.
The Sápara ultimately succeeded in gaining the attention they needed. But now they face what is arguably an even greater threat at the hands of the oil industry and a government that eagerly backs it.
Despite having promised representation and protection of what is considered by many to be the best constitution in the world, the Sápara employ headstrong acts of resistance through international activism, conservation efforts, and partnerships. They also use a solar-powered communication system to fight the long and arduous battle against the encroaching oil industry in their ancestral homeland. Revival of their at-risk language and culture is now a critical priority for this small but strong-willed Amazonian nation.
THE MYSTICAL SÁPARA OF THE AMAZON
The Sápara Peoples are traditionally semi-nomadic hunter-gatherers in what is now the Pastaza Province of Ecuador. The heart of their territory lies “at the confluence of the Pindoyacu and Conambo Rivers and the Tigre River” but their territory has been found to cover the Pastaza River to as far as Curaray, all within the outskirts of Ecuador and Peru. At the time of contact, the Sápara were 200,000 strong. Everything about the Sápara, including their language, ceremonial practices, and cosmovision, has been influenced by the rainforest and rivers, which, according to Ulrich Oslender, author of The Geographies of Social Movements, are “central to all economic, domestic, and social activities.” It is important to understand that “nothing is or will be more valuable than pristine watersheds”, particularly in the Amazon.
Relying on a sustainable agricultural system, the Sápara have a long history of farming banana, manioc, papajibra, and chonta. Those who have studied their culture agree that it is “largely one of self-subsistence, with community members growing their own crops and hunting in the forest for monkeys, tapirs, wild pigs and fat worms.”
Like many other indigenous nations, the Sápara underwent a timeline of decimation. Four centuries of Spanish conquest, slavery, forced assimilation, epidemics, war, and deforestation have driven the Sápara and their mystical culture to near extinction. With the loss of their shamans in the late 1990s, the Sápara subsequently “lost their source of knowledge about their traditions, the healing power of plants and the secrets of the jungle.” According to Manari Ushigua, the current president of the Sápara nation, their shamans “were very powerful because they knew the medicinal secrets of more than 500 plants.”
Considered the smallest Ecuadorian Indigenous nationality, the Sápara now coexist with the indigenous Kichwa peoples and have thus adopted Kichwa as their main language. Last year, only around 559 people identified as Sápara. Other sources claim the number could be somewhere closer to 350. It is said that presently, “only five elders (all over the age of 65) still know Sápara, and only two master it sufficiently.” Manari Ushigua underlines their dire predicament by stating, “We don’t like asking for help, but since there are now only a few of us left, we’re afraid it’s the end of the road.” Taking action against the precipice of involuntary extinction, Manari (whose name means “a hefty lizard that lives in the forest”) changed his name to “Bartolo Ushigua” so that Ecuadorian officials could register him. Then, Manari Ushigua and the Sápara that remained formed Nacionalidad Zapara del Ecuador (NAZAE), an organization of activists that act as political representatives working towards the revival of their native language.
Since the creation of NAZAE, the Sápara have “worked with an Ecuadorean linguist to get its culture and language into the UNESCO World Heritage List”, which recognized their language as a “Masterpiece of Oral and Intangible Heritage of Humanity.”
This recognition paid off in several ways. They received financial support for three years from the Project for the Development of the Indigenous and Afro-Ecuadorian People of Ecuador (PRODEPINE), World Bank, Non-governmental organizations (NGO), several national institutes, and foreign foundations. They also gained a voting seat on the executive board of the Consejo de Desarrollo de las Nacionalidades y Pueblos del Ecuador (CODENPE, Development Council of Nationalities and Peoples of Ecuador), that manages development initiatives in Indigenous communities. UNESCO’s highly-esteemed recognition also generated awareness about the Sápara, countering the previous lack of awareness about their existence. “The recognition gave us the feeling that our elders who had been dead for long years…were all coming back to life,” reflects Manari after the finished process.
Given the newly “sacred” status, the Sápara have gained new visibility in their fight to recover their ancestral cultural expressions. Additionally, the Sápara continued using their language as a “petition for greater administrative and cultural autonomy from Ecuador’s government” which has proved to be an “invaluable platform from which leaders have been able to gain recognition and support from Ecuador’s indigenous movement, international support networks, and the state.”
The Sápara have also been able to utilize this platform to gain momentum as they struggle to push back one of their biggest foes: the “Mungia” that is the oil industry.
THE SLIMY OIL MUNGIA
The Sápara speak of the legend of the Mungia, a shadowy entity that terrorizes the rainforests. With so much land covering the Amazon, the chances are of running into the terrible Mungia were slim on the worst of days. But in more recent times, it takes little effort to cross paths with something not unlike the Mungia. It’s as if the Mungia has taken a new and insidious form – a thick, slick, and slimy substance known as oil that lurks close to home and greedily consumes all lifeforms around it.
The Sápara territory encompasses around 361,000 hectares (867,339 acres) of tropical rainforest within Pastaza Province, a region that is rich with botanical medicines, timber, and oil. The province lies in the Napo eco-region, which holds the most potential for conservation areas. Because of the Ecuadorian Amazons’ mountainous regions, microclimates have allowed “endemic species to flourish…resulting in modern-day biodiversity levels that are some of the highest on the planet.” This has since been rendered obsolete time and time again by a steady stream of oil companies setting up shop in Ecuador, an occurrence with origins dating back to the 1940s. Consequently, around five million hectares (12.3 million acres) have practically been handed over to private oil exploitation. To make matters worse, many Sápara men have left their communities to work for the British-Dutch oil company Shell, preventing further progress in rebuilding their language and culture.
The oil industry has continued to extract from Oil Blocks 74, 79, 80, 83, 84, and 86, which are superimposed over Sápara territory today. In January 2016, the Ecuadorian government jumped into a $72 million contract deal, known as the 11th Oil Round, with China National Petroleum (CNPC) and with China Petrochemical Corporation (SINOPEC), which are both a part of Andes Petroleum, a Chinese-owned oil exploration and production consortium. The deal arranged for work to be done on Blocks 79 and 83. Combined, Blocks 79 and 83 cover about 45% of Sápara ancestral lands.
Oil blocks shown cover four different Ecuadorian provinces. Source: Fundacion Pachamama (facebook)
President Rafael Correa’s promise to take back Ecuador’s oil wealth from overseas companies and put Ecuadorians at the forefront of the country has since lost credibility. “As the global price for oil falls to its lowest level since the 90s”, Ecuador’s economy is now in a wildly unpredictable state. Brenda Shaffer, an energy and foreign policy specialist, explains that “when oil prices are low…states offer foreign and private companies attractive conditions to invest in their energy resources and to take the risk on themselves.” This could explain one of the reasons why Ecuador has continued to pursue relations with China since 2009, whom has since lent Ecuador more than $11 billion.
Rafael Correa (L) and former General Secretary of China, Hu Jintao, share a toast with one another.
“If they put an oil well in our land, it would be like they are destroying our laboratory, our knowledge,” Manari Ushigua says. He adamantly warns against oil extraction of Blocks 79 and 83 because of the obvious threats it poses to the Sápara rainforests, mountains, trees, and water – all of which are unquestionably vital for Sápara survival. According to Kelly Swing, who is the founding director of Tiputini Biodiversity Station Laboratory based in the Ecuadorian Amazons, “In forests impacted by oil development, perhaps 90 percent of the species around denuded sites die.” As if that isn’t disastrous and foreboding enough, there is concern about the process igniting violent confrontations between different Indigenous nations. Adam Zuckerman, the Environmental and Human Rights Campaigner for Amazon Watch, discloses that “it is not just about the contamination and the loss of their sovereignty but also about the loss of harmony against community members.”
RESISTANCE AGAINST THE OIL MUNGIA
The lack of Free, Prior, and Informed Consent (FPIC) can be found at the heart of the matter. The Sápara is not the only indigenous nation that has been denied this right. Many, if not all, of the Amazonian indigenous nations in Ecuador have been repeatedly denied this consultation. It can also be argued that an FPIC is not legitimate enough to protect indigenous rights and already condemns their lands to development projects. Whatever the case, the lack of consultation rides strictly against Ecuador’s constitution. Article 57 of the United Nations Declaration on the Rights of Indigenous Peoples clearly states that “the government is required to organize a free, prior, and informed consultation to obtain the consent of the communities before any drilling activity is contemplated.”
Instead of clashing with other tribes over the issue, the Sápara have chosen to pursue activism as a form of resistance and modeled their first attempts after actions conducted by the Ecuadorian Sarayaku nation. When the Sarayaku brought their case against the oil industry to the courts in December 2003, they succeeded in being awarded $1.4 million by the state. The Sápara took note and followed their example by planning to bring their own case against the drilling of Blocks 79 and 83 to both national and international courts.
Gloria Ushigua marching in the People’s Climate March in Washington, D.C. Photo: Women’s Earth & Climate Action Network, International.
Recent articles have reported on the active protests taken on by Manari Ushigua and Gloria Ushigua against the 11th Oil Round. They have sent letters to China asking for their oil companies to abandon drilling plans on Sápara rainforest territory, but their pleas have still gone unanswered. A determined Manari Ushigua promises that, “the oil will remain underground, that is our message. And with that intention, we are going to fight until the end, no matter what happens. We are going to resist.” Not surprisingly, the Sápara uprising has been matched with equal resistance from their enemies. In January 2014, the Ecuadorian Secretary of Hydrocarbons, Andrés Donoso Fabara, filed a formal complaint against Manari Ushigua, Gloria Ushigua, and a third Sápara leader, Cléver Ruiz. Fabara’s accusation? They were all threats to the 11th Oil Round. His recommendation? They belong behind prison bars. Rosalia Ruiz, a Sápara leader from the Torimbo community within Block 83, firmly declares, “Right now the oil company is trying to enter our territory. That is our homeland, this is where we have our chakras, where we feed our families. We are warriors, and we are not afraid. We will never negotiate.”
Manari Ushigua and Gloria Ushigua embarked on the long journey to Washington, D.C. to march in the People’s Climate March, held on April 29, 2017. Both leaders believe that marches are a “key solution to climate justice.” Headstrong activism by the Sápara nation has also been supported by prominent celebrities. To express his solidarity with the Sápara, American actor and environmental activist, Leonardo DiCaprio, marched with the Ushiguas. In another act of solidarity, Nahko Bear, a tribal and cultural musician, helped raise $150,000 in October 2016 during an Amazon Watch fundraiser. It goes without saying that influential individuals can play an important role by supporting the Indigenous rights movement.
Leonardo DiCaprio marches with Gloria Ushigua and Chief Manari Ushigua. Credit: Ayse Gürsöz/IEN
Amongst conservation efforts are the Yasuní-ITT (Ishpingo, Tambocha, and Tiputini) Initiative and the Pastaza Ecological Area of Sustainable Development. The Yasuní-ITT Initiative is an attempt to save the Amazons and the indigenous nations that call it their home, as well as a way to “find innovative alternatives to traditional extractive development based on the export of raw materials.” One particular resource that is helping push Ecuador towards a post-extractivism era is cacao production, which is currently on the rise and was listed as one of Ecuador’s primary exports back in 2011. Shade-grown cacao has been shown to improve soil moisture and fertility while suppressing ground weeds. With benefits like these, cacao production can prove to be just one of many other sustainable and profitable ventures.
Spanning over 2.5 million hectares (6.2 million acres) is the Pastaza Ecological Area of Sustainable Development. The Sápara are just one of seven indigenous nationalities that live within the protected area, which makes up for 90% of Pastaza Province. The area stands to conserve water, acts a conservation corridor, regulates the use of natural resources, and is the “culmination of three years of collaboration by provincial and local governments in Ecuador”, indigenous communities, and Nature and Culture International, an organization that directs conservation efforts toward Latin America.
To clarify, the Sápara are not resisting development in their lands per se, but merely the reckless and exploitative tendencies of the current powers pursuing Amazonian natural resources. “We want development but we want to have it our way”, says Gloria Ushigua. Falling in line with their vision, Sápara have requested a solar-powered communications system that would allow them to share their situation with the outside world. Amazon Watch and Empowered by Light (EBL), an organization aiming to bring light and power to remote global areas, took the reins and delivered resources to the Sápara in April 2017. The two non-profits, alongside NAZAE and Terra Mater, an NGO, designed a system to accommodate Sápara needs for “inter-community organizing capacity, [the] ability to communicate with the outside world, and monitoring mechanisms.” In retaliation to the government’s eye-rolling views of the Sápara’s resistance against oil extraction, Juan Carlos Ruiz, a Sápara community leader, argues that “the government can’t call us hypocrites for opposing oil extraction [while] using dirty diesel generators. We’ve made the first big step towards being fossil fuel-free – the government should learn from us.”
Gloria Ushigua marching with letter to the Chinese Consulate demanding Andes Petroleum cancel its contract to explore and drill oil in Sápara territory. Photo by Joyce Xi
Ecuador contains some of the world’s most beautiful and biodiverse regions, with more species per hectare of trees, shrubs, insects, amphibians, and mammals than anywhere else on this planet. Alongside the legend of the Mungia, the Sápara speak of the creation-myth of Tsitsanu, a powerful Sápara man who became a hero figure to his peoples due to his strong commitment to helping those in need. Tsitsanu experienced many adversities on his journeys and was not always well-received. But even so, Tsitsanu stayed true to his nature – he would only respond with kindness. He is truly an emblem of the Sápara nation – his nature speaks volumes of the Sápara peoples themselves.
Such myths and legends color and distinguish Sápara culture. By pursuing ways to strengthen their language, they have strengthened their identity and platform for resistance against oil industries. Through international activism, conservation efforts and partnerships, and solar-powered communication systems, the Sápara offer the world “new ways to think about collectively building a post-petroleum economy.” By first having the right conversations about Amazon culture and conservation, we can begin taking steps toward solidarity with the Sápara peoples and their homeland as they continue their fight against extractive industries. Then, by understanding the mechanisms behind their social and environmental justice movements, we can gain more “respect for [Sápara] cultural, educational, educational, and territorial self-determination.” It is no easy process. Indeed, this is an “enormous undertaking requiring honest reflexivity, brave self-awareness, and respectful, ongoing dialogue.” The Sápara nation’s fight to repair and revive their language and land is legendary in itself. It stands as a reminder to the world that resistance is not, and never will be, futile. “And our message to our friends,” says Manari Ushigua in a video, showing him sitting within the Amazonian rainforest which is alive with the sounds of life, “is that the world and nature can come together, united, to defend our lives as human beings and the life of planet earth.”
From somewhere in the Cordillera del Cóndor, January 4th2017
To my Shuar brothers and sisters, to the indigenous peoples of the Amazon and Andes, to the men and women of Ecuador and the World.
As many of you know,recent days have been very dangerous for our people. These days have not yet ended and are, indeed, probably only the beginning of a great territorial dispute initiated by the National Government against the Shuar Arutam People.
Our jungle has been stained with tears, anguish and blood. The paths and trails that we used to travel in peace have now become unsafe and dangerous. Almost 30 years have passed since Ecuadorians spoke of us as the Warriors of Cenepa, the defenders of Ecuador, the country to which we belong.
But now it is necessary for people to know us through our own voice. No one has asked us but many have spoken on our behalf, including the Government and social and political leaders, some with good and some with bad intentions.
We were born here in this immense jungle of the Cordillera del Cóndor and on the banks of the Zamora and Santiago rivers. We did not know barbed wire or private property. The State declared that these were uncultivated lands and organized the colonization of our territory with the same conviction and self-legitimacy of any colonizer. When the settlers came to this land we received them well, because we knew that these were poor and hardworking people looking for an opportunity in their lives. From one day to another, large tracts of land no longer belonged to us because they had been sold to people we had never even met.
In the 1960s, we had to create the Interprovincial Federation of Shuar Centers (FICSH), which even today we refer to as our Mother, so that the State would recognize what has always been ours: the territory, our living spaces and our culture. It was only in the 1980s that we began to legalize our lands with community deeds. We began to be recognized, not only for the Cenepa war, but because we have taken care of these immense millennial forests in peace, protecting the borders.
In 2000, a group of Shuar leaders toured these lands and founded the Shuar Arutam Territorial Area, as provided for in the Constitution. This was not a simple process; there were hundreds of meetings and discussions that allowed 6 associations to unite their 48 centers (communities) and establish a continuous territory of 230,000 hectares in the Province of Morona Santiago on the border with Peru.
FICSH declared us its pilot plan, to test a new form of indigenous government within the Ecuadorian State, like a special regime government in a Shuar territory. In 2003 we wrote our Life Plan, which forms the axis of our organization. This is the guide which tells us which areas we can pass through, for we must navigate rivers, and the areas where we should not even walk. Our Life Plan addresses fundamental issues such as health, education, the economy, conservation and the good management and control of the forest and its resources. We are almost the only group in the country to organize our territory in categories of sustainable use and we leave more than 120,000 hectares under strict conservation, for the benefit of all Ecuadorians.
In 2006 we were legalized by the Development Council of the Nationalities & Peoples of Ecuador (CODENPE) as Shuar Arutam People. Two years later we signed an agreement with the Government to maintain the forest in perfect condition for 20 years and receive contributions that allow us to develop and implement our Life Plan. This agreement is calledSocio Bosque(Forest Partner).
In 2014 we updated our Life Plan. Once again our Ordinary General Assembly pronounced against medium-scale and mega-mining within our territory.
Because, as we said to President Correa, do not tell us that you undertake mining projects to get us out of poverty because we, with our way of life, do not feel poor. Instead, tell us how you will protect us as a people and our culture.
In the context of this history comes the conflict in Nankints. Since 2008 we have been requesting an institutionalized dialogue with the national Government but, despite our efforts, we have been unable to establish a serious, sincere, honest and equal conversation within the framework of the Plurinational State. This is the reason for the lack of interpretation and understanding of the requirements of the Shuar people.
In the name of ‘national interest’ and by describing the situation in Nankints as an isolated case, the Government ignores other rights and issues that are also of national interest and enshrined within the Constitution: multiculturalism and conservation. In Nankints the ‘revolutionary’ Government acts like any colonizing government, forgetting even the international agreements it has signed.
The problem is not the piece of land in Nankints that we share with settlers; people think that this never belonged to the Shuar. We never imagined that a mining company would buy our ancestral heritage land from the State and a few settlers. The Government forgets and, with its many methods of making itself heard, imposes its own truth. Our territory is not only Nankints.
In fact, more than 38 percent of our territory has been concessioned to large-scale mining. All the riverbanks of the Zamora and Santiago basins have been concessioned to small-scale mining. A gigantic hydroelectric dam is about to be built. So our question is:where do they want us to live?
That is why, nine years ago, we told the company to leave and we reclaimed Nankints. Nine years later, someone manipulates the President and convinces him to forcibly evict us before the end of his term. We did not leave, so violence came. We have been blamed for the tragedy of our murdered comrade, the police officer, but we have not given any orders to kill anyone. Instead of dialogue, the Government puts thousands of policemen and soldiers into our homes, on our land, to terrorize and threaten our children. As far as I know, no inhabitant of our land is a sniper, nor does anyone possess weapons that can pierce a police helmet. Why not investigate thoroughly before persecuting us and issuing orders to capture the heads of our families? Instead of talking to us to investigate and prevent violence, why condemn us to live in a State of Exception? It is reminiscent of the terrible dictatorships of Operation Condor which, according to the President, is being planned again.
Why do they enter our homes? Why do they not let us live in peace? And the answer we have is that, in the name of the ‘national interest’, we have become a handful of folkloric Indians and terrorists who do not understand what good living is, neither Sumak Kawsay* or, even worse, the project of the Citizen Revolution.**
I do not want to dwell on the details of the President’s weekly public addresses. Instead, let us try to look at the big picture in which we find ourselves, avoiding provocation and primitive discussions that lead nowhere.
With this first communiqué from the forests of the Cordillera del Cóndor, we say to the thousand families that we will not, under any circumstance, allow the violence and force of the Government to destroy our house, your house, the World’s house.
President Rafael Correa must create a climate of peace, withdraw his troops, suspend the State of Exception in our province and cancel the arrest warrants of our leaders and relatives. The only true way to end this path of destruction – which provokes Shuar inhabitants into acts of individual resistance to reclaim their territory – is through conversation, respect and mutual understanding.
All inhabitants of Ecuador and Morona Santiago must join our demand for peace, the end of violence and a serious dialogue with the Government that respects our life as an original people.
—Governing Council of THE SHUAR ARUTAM PEOPLE
Translated directly byChakana Chroniclesfroman open letterpublished by the Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENIAE) on behalf of the Governing Council of the Shuar Arutam People.
*Translating literally as ‘good living’, the Quechua term ‘Sumak Kawsay’ refers to the indigenous cosmovision of living in harmony with our communities, ourselves, and most importantly, our natural environment.
**The so-called ‘Citizen Revolution’ is the political and socioeconomic project of Alianza Pais, Ecuador’s current ruling party
