Sawhoyamaxa organizing to reclaim territory in Paraguay, stolen 20 years ago by cattle ranchers

Sawhoyamaxa organizing to reclaim territory in Paraguay, stolen 20 years ago by cattle ranchers

By Natalia Ruiz Diaz / Upside Down World

The Sawhoyamaxa indigenous community in Paraguay have spent over 20 years fighting to get back their land, which they were pushed off by cattle ranchers.

They started the new year by collecting signatures to press Congress to pass a bill that would expropriate their ancestral territory from ranchers, in order for the state to comply with a 2006 ruling by the Inter-American Court of Justice ordering the restitution of their land.

“More than 20 years after being expelled from our ancestral land and living [in camps] along the side of the road, watching the cows occupy the place where we used to live, we decided to return because that land is ours,” the Sawhoyamaxa said in a message accompanying the petition drive.

“Che rohenói, eju orendive, aldeia unida, mostra a cara” (I am calling you, come with us, the people united, show your face) thousands of people sang at the “Todos con (everyone with the) Sawhoyamaxa” intercultural festival in Asunción in mid-December.

The event launched the start of their new crusade demanding enforcement of the Inter-American Court sentence, which ruled that they be given back their territory and that they be provided with basic services, such as medical care and clean water.

The “Che rehenói” chorus was heard over and over again in a mix of Guaraní (one of Paraguay’s two official languages, along with Spanish) and Portuguese, sung by the hip hop ban Brô MC’S, whose members belong to the Jaguapirú Bororó indigenous community from Brazil.

The goal set by the Sawhoyamaxa leaders is to gather 20,000 signatures, to pressure Congress to approve the expropriation of the land.

The epicentre of the community’s two-decade struggle is the Santa Elisa settlement, where the largest group of families are camped out along the side of the road 370 km north of Asunción en Paraguay’s semiarid Chaco region.

They are living “in extreme poverty, without any type of services, and waiting for the competent bodies to decide on the land claim they filed,” according to the 2006 Court ruling.

The Sawhoyamaxa form part of the Enxet linguistic family. There are 19 indigenous groups belonging to five language families in Paraguay, spread out in 762 communities mainly in the east of the country and the Chaco region, a vast dry forest area.

According to the 2012 census, 116,000 of Paraguay’s 6.7 million people – or 1.7 percent of the population – are indigenous, with over half of that group belonging to the Guaraní people. However, the overwhelming majority of the population is “mestizo” – people of mixed European (principally Spanish) and native (mainly Guaraní) descent.

The Sawhoyamaxa, who had no title deeds to the land where they had always lived, were displaced from their land, which was taken over by large cattle ranchers.

“They don’t want us to progress in our way of life,” the leader of the community, Carlos Cantero, told IPS. “We want the land to dedicate ourselves to our ancestral activities, like hunting and gathering in the forest.”

He was referring to the powerful cattle industry, which has successfully lobbied to block implementation of the 2006 binding sentence handed down by the Inter-American Court, an autonomous Organisation of American States (OAS) body.

Cantero said it was important for the situation to be resolved immediately because “there is still a little forest left on our land, some swamps and streams; but if the state does not take a stance on this soon, those reserves are going to disappear.”

Cattle ranchers have steadily advanced on Paraguay’s Chaco region, where in November 549 hectares a day were deforested, according to the local environmental organisation Guyra Paraguay.

The Chaco scrub forest and savannah grassland, which covers 60 percent of Paraguay but accounts for just eight percent of the population, makes for good cattle pasture.

Since the 19th century, the worst dispossession of indigenous people of their lands in this landlocked South American country occurred in the Chaco, especially after the 1932-1935 Chaco War with Bolivia, when the government sold off huge tracts of public land to private owners.

Today, less than three percent of the population owns 85 percent of Paraguay’s arable land, making this the Latin American country with the greatest concentration of land ownership.

The Sawhoyamaxa community is fighting for 14,404 hectares of land.

In a largely symbolic move, when the final deadline set by the Inter-American Court expired in March, the native community began to “recover” their land, setting up small camps on the property to which they are waiting to be awarded a collective title.

Their fight for the return of their ancestral lands dates back to the early 1990s. After exhausting all legal recourse available in Paraguay, they took the case to the Inter-American Human Rights Commission in 2001, which referred it to the Court.

The Sawhoyamaxa case is one of three in which the Inter-American Court has handed down rulings against the Paraguayan state in defence of the country’s native people. None of the resolutions has been fully complied with.

After the 2006 sentence, the government attempted to acquire the land in question in order to live up to the resolution and return the property to the native community. But it failed, due to the refusal by the rancher who holds title to the property, Heribert Roedel, whose 60,000-hectare estate includes the land claimed by the Sawhoyamaxa.

“The other route for expropriation is through the legislature, for which a bill was introduced, currently being studied in the Senate,” said Oscar Ayala, a lawyer with Tierraviva, which supports indigenous communities in Paraguay.

This local non-governmental organisation and Amnesty International Paraguay are the main civil society supporters of the cause of the Sawhoyamaxa.

The bill Congress is debating was presented by the government in August for the expropriation of the land, in order to fulfil the Inter-American Court order.

According to Ayala, there is a more positive environment than in the past. “The impression we have is that there is greater openness” for an eventual solution and for justice to be done in the case, he said.

On Dec. 18, the Senate commission for audit and oversight of state finances pronounced itself in favour of expropriation of the land.

“This first favourable ruling is a good indicator; these questions are always complex because caught up in the middle is that deeply rooted economistic view of land, but in this case those issues are no longer in debate,” Ayala said.

The bill will now go to the agrarian reform and finance commissions and then on to the Senate floor, before being sent to the lower house.

Some 120 families – around 600 people, half of them children and adolescents – are living in the Santa Elisa settlement.

The Court also ordered the state to provide food and healthcare assistance to the community. But while the situation in this respect has improved in the new settlements, much more needs to be done.

“We have a health promoter but no health post,” Cantero said. “The worst affected are the children, who are suffering from dehydration because of the bad quality of the water.”

The settlements receive clean water every month, but it is not enough, and they depend on rainwater, which is scarce in the semiarid Chaco.

To find a solution, Sawhoyamaxa men and women have been knocking on doors everywhere, showing people papers that describe the history of their community, their struggle, and the Court ruling, in search of support.

“We won’t stop until we are living on our land; our very survival depends on that,” Cantero said.

From Upside Down World: http://upsidedownworld.org/main/paraguay-archives-44/4629-sawhoyamaxa-battle-for-their-land-in-paraguay

Mapuche attack occupation helicopters used to deforest territory

By The Women’s Coordinating Committee for a Free Wallmapu

What can only be described as an act of defiance against the State of Siege imposed by the Chilean State was carried out this morning (December 31st), against the Chilean occupation and its Capitalist plunder in the province of Malleco.

The events took place nearby the town of Angol, a small distance away from a police station. It involved the complete arson of a helicopter belonging to Mininco Forestry Inc, and the partial damage of another.
The events also included the alleged assault of a police officer, who was subdued by the “assailants,” according to various media reports.

We should remember that the Chilean government had ordered more police presence to Mapuche territory, in which several reinforcements were brought from various parts of the country. This also included the use of surveillance planes, or drones, with infrared cameras and heat detectors, in order to control and monitor the movement in the area, especially at night.

Nothing worked; the permanent police presence used to prevent unidentified people from entering site proved to be a dismal failure. A private contractor is used to maintain planes and other equipment for Mininco Forestry Inc, where the two planes were set on fire, destroying one and damaging the other.

Second Helicopter Attack in the Area

This is the second time that Forestry planes have been targeted in the area of Malleco.  An earlier incident included a helicopter that was shot in a rural area of Ercilla.

Forestry Companies: The Ugliest Face of Capitalism in Wallmapu

The forestry companies represent the worst aspect that Capitalism has shown to Mapuche community members in Wallmapu. Their extreme extractive activities have only generated disaster for communities, including toxic fumes, the disappearance of rivers, brooks and streams, as well as the extinction of the natural flora and fauna of the area which serve as food and medicine for the Mapuche People. These are the main effects, among others, of the industry financed by the Chilean State through Law 701.

Moreover, the enormous extensions of land currently held by the Forestry companies lie on stolen land from Mapuche communities. These corporate properties are directly related to the territorial plunder of the Mapuche People.

Three Families against a People

This business not only is targeted against the Mapuche People; it also excludes the thousands of Chileans that have maintained this industry through subsidized taxes for the last 20 years. The property concentrated by the forestry industry lies in the hands of only three families: Angelini, Matte and Carey, whom own companies such as Bosques Arauco, CMPC and Masisa respectively.

Bosques Arauco alone encompasses almost 1.2 million hectares, with Mininco Forestry Inc at 700,000 hectares, which does not include the many uncertified estates in the area.

According to an official report, the forestry companies posses almost three million hectares in southern Chile – in other words – Wallmapu. This accounts to almost 30% of our traditional Mapuche Territory [south of the Bio Bio River], in comparison with only 700,000 hectares held by Mapuche communities, accounting for only 7% of traditional territory.

From Warrior Publications: http://wccctoronto.wordpress.com/2013/12/31/mapuche-resistance-defies-the-state-of-siege/

ELN launches attack against oil pipeline infrastructure in Colombia

ELN launches attack against oil pipeline infrastructure in Colombia

By Andrew Wight & Taran Volckhausen / Colombia Reports

Colombia’s second largest rebel group the ELN detonated explosives Wednesday at four crude oil holding pools along the Caño Limon – Coveñas pipeline in the state of North Santander.

A large blaze caused by the attacks created panic in the local population, who were forced to flee their homes, according to local media reports.

Authorities were taking measures to prevent further environmental damage after the attacks as well as reconstruct the damaged holding pools.

The attack marks the first attack by the ELN in 2014, although the rebel group has been coordinating attacks on Colombia’s oil production infrastructure for the past few months, declaring war against multinational oil companies operating in the country in November.

In a statement released on the ELN website Tuesday, Colombia’s second largest guerrilla group declared war on the multinationals and oil companies “plundering” the country’s natural resources.

The ELN’s Eastern War Front Commander, Manuel Vasquez Castaño, confirmed that a slew of recent attacks directed at Colombia’s oil infrastructure have been intended to hurt the pockets of multinationals active in the country.

Once again, we reaffirm our belligerent stance to confront multinationals and their repressive apparatus: the plunderers and exploiters of natural resources,” he said. “Colombia is a colony of North American imperialism — bourgeois elites in power sold to the highest bidder and in the name of democracy deliver natural resources to their Yankee masters.

The statement went on to discuss the high prices of Colombia’s internal combustible market, which lead to nationwide strikes in the trucking sector this past summer and have been sited by farm organizers involved in ongoing negotiations with the government as a reason for the financial insolubility of the agricultural market.

“We are one of the top oil-producing countries worldwide,” said Vasquez, “but Colombia has (some of) the world’s most expensive gasoline.”

The rebel group has asked for broad talks along the lines of the peace deal currently being negotiated in Havana, Cuba between government officials and the FARC, Colombia’s largest rebel group.

But despite agreeing to initiate the process, the Colombian government has yet to reach out to the ELN central command, which has repeatedly called for the start of discussions, and recently launched an offensive against oil and gas pipelines in rural Colombia, in what is believed to be a measure to pressure the Colombian government into talks.

Despite the ELN’s efforts, Colombia’s state-owned Ecopetrol oil company reported a net profit of $2.05 billion in the third quarter of 2013 and record levels of oil production.

The Colombian government has yet to respond to the ELN’s most recent announcement, and hasn’t indicated that any plan to develop talks will be forthcoming.

The ELN, which continues to employ the anti-capitalist rhetoric of its origins as a Catholic-Marxist revolutionary group, has since become dependent on the illicit mining and gold trade, running operations throughout the country that exploit Colombia’s rural poor and generate sizable revenue streams for the group’s other activities.

From Systemic Capital

Ecuador’s highest court upholds $9 billion fine against Chevron for ecocide and genocide

Ecuador’s highest court upholds $9 billion fine against Chevron for ecocide and genocide

By Amazon Watch

In a major setback for Chevron, the Ecuadorian National Court issued its long-awaited decision in favor of a $9 billion pollution judgment against Chevron upholding and affirming lower court rulings. The court’s decision is final.

In its 222-page opinion, the supreme court affirmed earlier decisions by a Lago Agrio court and the appellate court for $9 billion but rejected the additional $9 billion in punitive damages previously imposed for not apologizing, given that provision is not explicitly permitted in Ecuadorian law. The supreme court also lamented the plaintiffs waiting 20 years for justice and attributed this largely to delaying tactics by Chevron. This ruling constitutes a landmark case for corporate responsibility.

“This is an extraordinary, unprecedented triumph for indigenous and local communities over one of the world’s worst polluters,” said Donald Moncayo, a representative from the Amazon Defense Coalition for 30,000 Ecuadorian rainforest villagers and plaintiffs, who was in New York to testify in a retaliatory lawsuit filed by Chevron against lawyers for the plaintiffs in the Ecuador case.

Meanwhile, at the trial in New York, Judge Kaplan repeatedly assisted Chevron in intimidating and attacking key Ecuadorian witnesses and the defendant’s legal team.

In the retaliatory RICO lawsuit, Moncayo was subjected to a lengthy cross-examination by Chevron, after which Judge Kaplan ordered him to turn over a copy of his hard drive to the court.

Christopher Gowen, a legal ethics professor at American University Washington College of Law, was present in court and commented, “Watching an American judge threaten a foreigner in an American court with criminal penalties without the advice of counsel on a highly questionable court order defies everything our justice system stands for.”

“Ecuador’s supreme court has given careful consideration to each of Chevron’s conspiratorial claims, and has rejected them one-by-one,” said Han Shan, spokesperson for legal team representing the Ecuadorian Villagers. “While the company’s complaints have found a sympathetic ear in Judge Kaplan’s courtroom, the fact remains that Chevron has been found liable by the court it fought to have the case heard by, and that decision has now been upheld at the highest level.”

“We witnessed outrageous abuse of power by the very pro-Chevron Judge Kaplan and there was nearly no mainstream media and no cameras to capture it,” said Atossa Soltani of Amazon Watch. “This can only have a chilling effect on the willingness of witnesses in human rights cases to come forth to provide facts and pertinent information in an impartial setting where they are not going to feel threatened.”

The Ecuadorians and their supporters have called for an end to Chevron’s retaliatory lawsuit and the ongoing “rigged show trial” before Judge Kaplan, who has displayed outright hostility to the Ecuadorians’ legal efforts to demand a cleanup. Judge Kaplan has also made repeated disparaging on the record comments about Ecuador’s judicial system.

Chevron has no assets in Ecuador, forcing the communities to pursue the oil giant’s assets around the world through enforcement actions currently underway in Brazil, Argentina and Canada.

Texaco operated in Ecuador until 1992, and Chevron absorbed the company in 2001, assuming all of its predecessor’s assets and liabilities. Chevron has admitted to dumping nearly 18 billion gallons of toxic wastewater into rivers and streams relied upon by thousands of people for drinking, bathing, and fishing. The company also abandoned hundreds of unlined, open waste pits filled with crude, sludge, and oil drilling chemicals throughout the inhabited rainforest region. Multiple independent health studies have shown an epidemic of oil-related birth defects, cancers, and other illness.

From Amazon Watch: http://amazonwatch.org/news/2013/1113-ecuadorian-court-upholds-9-billion-judgment-against-chevron

Indigenous-led resistance forces regional court to freeze Belo Monte dam project

By Latin American Herald Tribune

Brazil’s first regional federal court suspended the environmental permit for the massive Belo Monte dam project in Amazonia and ordered an immediate halt to construction, Efe learned on Monday.

Judge Antonio de Souza Prudente’s ruling came in response to a motion from federal prosecutors.

Work on what would be the world’s third-largest dam began in March 2011, despite opposition from indigenous people, farmers, fishermen and environmental activists.

Prudente’s decision is subject to review, but a environmental permit will not be issued until the project meets all the conditions laid down in the original permit.

The judge also urged consultation with the affected indigenous communities and threatened to fine the Norte Energia consortium 500,000 reais ($228,000) per day until it complies with his ruling.

The decision likewise bars Brazilian government development bank BNDES from signing any contracts with Norte Energia until the environmental issues are adequately addressed.

The $10.6 billion hydroelectric complex will flood a 503-sq.-kilometer (195-sq.-mile) area, affecting more than 60 communities.

Due to oscillations in the flow of the Xingu River, guaranteed minimum capacity generation from the Belo Monte Dam will be 4,571 MW, or roughly 40 percent of its maximum capacity of 11,233 MW, according to government estimates.

The first regional court has already stopped work on Belo Monte on a previous occasion, in March 2012, but the Supreme Federal Tribunal overturned that ruling two months later.

From Latin American Herald Tribune: http://www.laht.com/article.asp?ArticleId=1128195&CategoryId=14090