Ecuador allows oil drilling in UNESCO reserve in Amazon, home to indigenous avoiding contact

Ecuador allows oil drilling in UNESCO reserve in Amazon, home to indigenous avoiding contact

By Agence France-Presse

The license comes just days after a petition for a referendum on the project was rejected by the country’s election authorities.

The action, signed by Environment Minister Lorena Tapia, gives a state company, Petroamazonas, rights to develop an oil field in part of the forest designated a UNESCO Biosphere Reserve.

Home to two indigenous tribes that have resisted contact with the outside world, the rainforest park covers an expanse of more than 9,800 square kilometers [3784 square miles] between two rivers.

The field, known as Tiputini, is part of a vast bloc that lies partially within the park with proven reserves of 920 million barrels of crude.

Petroamazonas was also granted a license to develop the Tambococha field, which lies outside the park but within the same oil development bloc.

Yasunimos, an environmentalist group, has fought government plans to open the park to oil development, gathering what it said were nearly 728,000 signatures on a petition to put it to a referendum.

But on May 9, Ecuador’s National Electoral Council invalidated half the signatures and rejected the petition, clearing the way for Thursday’s action.

The decision, however, could be appealed to the country’s constitutional court.

In October, Ecuador’s Congress approved a government plan to develop the Yasuni oil reserves, on the promise that revenues would be used to eradicate poverty.

From Physorg: http://phys.org/news/2014-05-ecuador-oil-amazon-reserve.html

500 Achuar take control of major oil field in Peru, demand cleanup of spills

By Dan Collyns / The Guardian

Around 500 Achuar indigenous protesters have occupied Peru’s biggest oil field in the Amazon rainforest near Ecuador to demand the clean-up of decades of contamination from spilled crude oil.

The oilfield operator, Argentine Pluspetrol, said output had fallen by 70% since the protesters occupied its facilities on Monday – a production drop of around 11,000 barrels per day.

Native communities have taken control of a thermoelectric plant, oil tanks and key roads in the Amazonian region of Loreto, where Pluspetrol operates block 1-AB, the company said on Thursday.

Protest leader, Carlos Sandi, told the Guardian that Achuar communities were being “silently poisoned” because the company Pluspetrol has not complied with a 2006 agreement to clean up pollution dating back four decades in oil block 1-AB.

“Almost 80% of our population are sick due to the presence of lead and cadmium in our food and water form the oil contamination,” said Sandi, president of FECONACO, the federation of native communities in the Corrientes River.

Pluspetrol, the biggest oil and natural gas producer in Peru, has operated the oil fields since 2001. It took over from Occidental Petroleum, which began drilling in 1971, and, according to the government, had not cleaned up contamination either.

Last year, Peru declared an environmental state of emergency in the oil field.

But Sandi said the state had failed to take “concrete measures or compensate the native people” for the environmental damage caused.

He claimed Achuar communities were not receiving their share of oil royalties and the state had failed to invest in development programmes in the Tigre, Corrientes and Pastaza river basins that had been most impacted by oil exploitation.

He said the Achuar were demanding to meet with the central government to talk about public health, the environment and the distribution of oil royalties.

“We aren’t against oil exploitation or development we are calling for our rights to be respected in accordance with international laws,” he said.

“Conversations are under way to bring a solution to the impasse,” Pluspetrol told Reuters. “A government commission is there and we hope this is resolved soon.”

Over the past year, the Peruvian government has declared three environmental emergencies in large areas of rainforest near the oil field after finding dangerous levels of pollution on indigenous territories.

Peru’s Environment Ministry said in a statement last week that a commission formed by government and company representatives has been assigned to work with communities to tackle pollution problems and other concerns.

From The Guardian: http://www.theguardian.com/environment/2014/apr/25/indigenous-protesters-occupy-perus-biggest-amazon-oilfield

Nearly 1000 environmental activists murdered since 2002

Nearly 1000 environmental activists murdered since 2002

By Jeremy Hance / Mongabay

At least 908 people were murdered for taking a stand to defend the environment between 2002 and 2013, according to a new report today from Global Witness, which shows a dramatic uptick in the murder rate during the past four years. Notably, the report appears on the same day that another NGO, Survival International, released a video of a gunman terrorizing a Guarani indigenous community in Brazil, which has recently resettled on land taken from them by ranchers decades ago. According to the report, nearly half of the murders over the last decade occurred in Brazil—448 in all—and over two-thirds—661—involved land conflict.

“There can be few starker or more obvious symptoms of the global environmental crisis than a dramatic upturn in killings of ordinary people defending rights to their land or environment,” said Oliver Courtney of Global Witness. “Yet this rapidly worsening problem is going largely unnoticed, and those responsible almost always get away with it. We hope our findings will act as the wake-up call that national governments and the international community clearly need.”

But as grisly as the report is, it’s likely a major underestimation of the issue. The report covers just 35 countries where violence against environmental activists remains an issue, but leaves out a number of major countries where environmental-related murders are likely occurring but with scant reporting.

“Because of the live, under-recognized nature of this problem, an exhaustive global analysis of the situation is not possible,” reads the report. “For example, African countries such as Nigeria, Democratic Republic of Congo, Central African Republic and Zimbabwe that are enduring resource-fueled unrest are highly likely to be affected, but information is almost impossible to gain without detailed field investigations.”

In fact, reports of hundreds of additional killings in countries like Ethiopia, Myanmar, Venezuela, and Zimbabwe were left out due to lack of rigorous information.

Even without these countries included, the number of environmental activists killed nearly approaches the number of journalists murdered during the same period—913—an issue that gets much more press. Environmental activists most at risk are people fighting specific industries.

“Many of those facing threats are ordinary people opposing land grabs, mining operations and the industrial timber trade, often forced from their homes and severely threatened by environmental devastation,” reads the report. “Indigenous communities are particularly hard hit. In many cases, their land rights are not recognized by law or in practice, leaving them open to exploitation by powerful economic interests who brand them as ‘anti-development’.”

As if to highlight these points, Survival International released a video today that the groups says shows a gunman firing at the Pyelito Kuê community of Guarani indigenous people. The incident injured one woman, according to the group. The Guarani have been campaigning for decades to have land returned to them that has been taken by ranchers.

“This video gives a brief glimpse of what the Guarani endure month after month—harassment, intimidation, and sometimes murder, just for trying to live in peace on tiny fractions of the ancestral land that was once stolen from them,” the director of Survival International, Stephen Corry, said. “Is it too much to expect the Brazilian authorities, given the billions they’re spending on the World Cup, to sort this problem out once and for all, rather than let the Indians’ misery continue?”

According to the report, two major drivers of repeated violence against environmental activists are a lack of attention to the issue and widespread impunity for perpetrators. In fact, Global Witness found that only ten people have been convicted for the 908 murders documented in the report, meaning a conviction rate of just 1.1 percent to date.

“Environmental human rights defenders work to ensure that we live in an environment that enables us to enjoy our basic rights, including rights to life and health,” John Knox, UN Independent Expert on Human Rights and the Environment said. “The international community must do more to protect them from the violence and harassment they face as a result.”

From Mongabay: “Nearly a thousand environmental activists murdered since 2002

Peru allows gas company to invade “protected” indigenous reserve

By David Hill / Mongabay

The Peruvian government has approved plans for gas company Pluspetrol to move deeper into a supposedly protected reserve for indigenous peoples and the buffer zone of the Manu National Park in the Amazon rainforest.

The approval follows the government rescinding a highly critical report on the potential impacts of the operations by the Culture Ministry (MINCU), the resignation of the Culture Minister and other Ministry personnel, and repeated criticism from Peruvian and international civil society.

A subsequent report by MINCU requested that Pluspetrol abandon plans to conduct seismic tests in one small part of the reserve because of the “possible presence of [indigenous] people in isolation,” but didn’t object to tests across a much wider area. In addition to the seismic tests, the planned operations include building a 10.5km flow-line and drilling 18 exploratory wells at six locations—all of them in the reserve which lies immediately to the west of the Manu National Park and acts as part of its buffer zone (see map below).

The government approved the plans on January 27th when the Energy Ministry issued a resolution on the operation’s Environmental Impact Assessment (EIA), written by Pluspetrol together with consultancy Environmental Resources Management.

The decision was swiftly condemned by AIDESEP. The national indigenous organization accused the government and the Inter-American Development Bank (IDB), which has played a key role in gas operations in that region to date, of violating their commitments.

AIDESEP writes that “many ‘isolated’ indigenous people have already died in the name of supposed ‘progress.’ Enough. If one more brother dies, or is taken ill, or there is conflict, we will hold the state, the gas companies, the IDB and those who irresponsibly promote these policies responsible.”

The Energy Ministry could only approve Pluspetrol’s EIA following favorable opinions from other state institutions such as MINCU, the National Water Authority and, because the buffer zone of a national park is involved, the National Service for Protected Natural Areas (SERNANP).

But MINCU’s initial report, dated July 2013, effectively made it impossible for the operations to go ahead, stating that the impacts on the health of the reserve’s inhabitants could be severe, and warning that the Nahua could be “devastated” and the Kirineri and the Nanti made “extinct.”

Opposition to the operations has included appeals to the UN’s Committee on the Elimination of Racial Discrimination (CERD), the UN’s Special Rapporteur on the Rights of Indigenous Peoples, and the Inter-American Commission on Human Rights.

CERD responded by urging Peru to “immediately suspend” the operations. At the end of a visit in December, the UN Rapporteur recommended that the Peruvian government do an “exhaustive study” and that it shouldn’t proceed unless it ensured indigenous peoples’ rights won’t be violated.

The planned operations constitute an expansion of what is known as the Camisea gas project, Peru’s biggest energy development. There are already several well platforms in the indigenous reserve, which have been producing gas for years.

Almost three-quarters of Pluspetrol’s concession overlaps the reserve—officially called the Kugapakori-Nahua-Nanti and Others’ Territorial Reserve—which was created in 1990 and given greater legal protection in 2003.

The reserve’s inhabitants live in what Peruvian law calls “voluntary isolation” or “initial contact,” having sporadic, little or no contact with outsiders and therefore lacking immunological defenses.

Pluspetrol admitted in its EIA that contact with the reserve’s inhabitants is “probable” during the course of its operations, and that such peoples in general are vulnerable to “massive deaths” from transmitted diseases.

From Mongabay: “Gas company to drill in Manu National Park buffer zone, imperiling indigenous people

After four month blockade, Argentine activists win construction stoppage at Monsanto plant

By Inter Press Service

Residents of a town in Argentina have won the first victory in their fight against biotech giant Monsanto, but they are still at battle stations, aware that winning the war is still a long way off.

For four months, activists in Malvinas Argentinas, a town in the central province of Cordoba, have maintained a blockade of the construction site where the U.S. transnational company is building the world’s biggest maize seed treatment plant.

In this previously peaceful town, protestors continue to camp in front of the construction site and to block access to it, even after a provincial court order this month put a halt to the works.

The campaign against the plant, led by Asamblea Malvinas Lucha por la Vida (Malvinas Assembly Fighting for Life) and other social organizations, began Sept. 18 in this town 17 kilometers from the capital of Cordoba.

Tense situations ensued, with attempts by the provincial police to disperse the demonstrators and provocations by construction union envoys, but a provincial labor court ruling on Jan. 8 upheld the activists’ cause.

“The ruling shows that the residents’ arguments are just, because they are claiming basic rights that are recognized and established in the constitution and federal legislation,” Federico Macciocchi, the lawyer representing opponents of the plant, told IPS.

The court ruled that the municipal ordinance authorizing construction of the plant in this mostly working class town of 15,000 people was unconstitutional.

It ordered a halt to construction work and banned the Malvinas Argentinas municipality from authorizing the construction until two legal requirements are fulfilled: carrying out an environmental impact assessment and a public hearing.

“This is a big step forward in the struggle, achieved by working together on institutional demands, along with social activism on the streets,” Matías Marizza, a member of the Malvinas Assembly, told IPS.

“This struggle has resulted in guaranteeing respect for the law,” the activist said.

The Malvinas Assembly and other organizations have decided to continue to camp out at the site and block access until the project is abandoned for good.

Monsanto replied to IPS’s request for comment with a statement that describes local activists as “extremists” who are preventing their contractors and employees from “exercising the right to work.”

The court ruling arose from a legal appeal lodged by local residents and the Club de Derecho (Cordoba Law Club), presided by Macciocchi.

The labor court has ordered an environmental impact study and a public hearing, he emphasized.

The views expressed in the public hearing will be “highly relevant,” he said, although under the General Environment Law, participants’ objections and opinions “are not binding.”

However, the law does stipulate that if the opinions of the convening authorities differ from the results of the public hearing, “they must justify them and make them public,” he said.

Now the Malvinas Assembly also wants a public consultation with a secret ballot.

Such a ballot would comply with the environmental law and “guarantee citizens’ full rights to decide on which model of local development and what kind of social and economic activities they want for their daily life, and what environmental risks they are prepared to take,” Víctor Mazzalay, another resident, told IPS.

“It is the people who should have that information and decide whether or not to accept the costs and risks involved,” said Mazzalay, a social researcher funded by the National Scientific and Technical Research Council (CONICET) at the University of Cordoba.

“An environmental impact assessment should include a public consultation so that citizens can provide the ‘social license’ necessary for developing any social, economic and productive activity that may affect their environment and health,” he said.

Monsanto’s statement said the company does not agree with the court ruling, but respects judicial decisions and will abide by the verdict.

The company stated that it had already conducted an environmental assessment, which is currently under review by the provincial Secretary of the Environment.

In Macciocchi’s view, the court’s ruling is definitive and “brings the legal conflict to an end.”

“The ruling arose from a legal appeal, so there is no further recourse in ordinary law,” he said.

Monsanto can still appeal to have the decision overturned by the provincial High Court (Tribunal Superior de Justicia, TSJ).

The company has already said that it will appeal. “We consider our right to build legitimate since we have complied with all legal requirements and have obtained authorization to build according to the regulations, as confirmed by the ruling of the Court of First Instance of Oct. 7, 2013,” their statement said.

However, in Macciocchi’s view “this appeal will not overturn the labour court ruling.”

“If we consider how long the TSJ takes to process an appeal, by the time there is a decision, the Malvinas municipality and the Environment Secretariat will have complied with the laws they previously violated,” he said.

According to the lawyer, the high court takes up to two and a half years for appeals lodged by individuals under sentence, and five to seven years in labor or civil cases.

“It would create a real institutional scandal if the TSJ were to deal with this case by leap-frogging all the other cases that have lain dormant in its offices for years,” he said.

The Jan. 8 ruling cannot prevent the definitive installation of the plant, which Monsanto plans should become operational during 2014.

“But if the citizens’ demonstrations against the plant and the environmental impact assessment are unfavorable to the company, Monsanto will not be able to instal the plant in Malvinas Argentinas,” Macciocchi predicted.

Mazzalay emphasized that the “substance” of the arguments of opponents to Monsanto’s plant was “the defense of the people’s right to decide on the kind of productive activities and the type of environmental risks they wish to undertake.”

The company announced it was planning to build more than 200 maize silos, and to use agrochemical products to treat the seeds. Monsanto is one of the world’s biggest manufacturers of herbicides and genetically modified seeds, and has operated in Argentina since 1956 when it established a plastics factory.

“It is frequently argued that there is a reasonable doubt that this productive activity is harmless to human health,” Mazzalay said.

In his view, “a multiplicity of scientific studies have shown negative effects on health from both seed transportation and handling of and exposure to different agrochemical products.”

“When there is a health risk related to environmental issues, reasonable doubt should bring the precautionary principle into play, that is, an activity should not be developed until it has definitely been proved to be harmless,” he said.

From Upside Down World: http://upsidedownworld.org/main/argentina-archives-32/4669-argentine-activists-win-first-round-against-monsanto-plant