Editor’s note: Campaigning for protecting wildlife and ecosystems is rarely successful if only fought in court. But in this case, a Peruvian court decided to give the river Maranon rights that would ensure its conservation and protection from oil spills. For this decision, the indigenous groups led by Kukama women have been fighting for their river for over three years. As with many people living on the land they depend on clean water and fertile land to feed their families. Now the court victory gives them the necessary legal foundation to keep on fighting for a life free from ecological disasters.
The decision “establishes a groundbreaking legal framework that acknowledges the inherent rights of natural entities,” said one campaigner.
After years of campaigning, an organization of Indigenous women in Peru’s Loreto province celebrated “a landmark decision” on Tuesday by a court in Nauta, which found that the Marañón River has “intrinsic value” and that its “inherent rights” must be recognized by the government.
The Mixed Court of Nauta ruled that specific rights of the river must be codified, including the right to exist, the right to ecological flow, the right of restoration, the right to be free of pollution, the right to exercise its essential functions with the ecosystem, and the right of representation.
Led by Kukama women, the Huaynakana Kamatahuara Kana Federation in the Parinari district of Loreto began its legal fight on behalf of the Marañón River in 2021, demanding that the state and federal governments protect the waterway from “constant oil spills.”
Petroperu’s Oleoducto Norperuano, or Norperuvian oil pipeline, caused more than 60 oil spills between 1997-2019, and the 28 communities represented by the federation are still recovering from a 2010 oil spill that sent 350 barrels of oil into the river near Saramuro port.
Oil spills not the only threat
Indigenous groups blocked the river in protest in September 2022 after another spill sent 2,500 barrels of crude oil into the Amazon, of which the Marañón is a main tributary.
The Marañón supplies drinking water directly to communities in Loreto, and is a vital habitat for fish that help sustain Indigenous communities.
“We do not live on money. We live from what we grow on our land and our fishing. We cannot live without fish,” Isabel Murayari, a board member of the federation, told the Earth Law Center, when the group filed its lawsuit in 2021.
The Kukama women also aimed to halt infrastructure projects including hydroelectric dams and the Amazon Waterway—recognized as environmental risks by the International Union for Conservation of Nature—and warned that illegal gold mining has left the Marañón with mercury contamination that must be remedied.
Martiza Quispe Mamani, an attorney representing the Huaynakana Kamatahuara Kana Federation, said the “historic ruling is an important achievement of the Kukama women.”
“The fact that the judge of the Nauta Court has declared the Marañón River as a subject of rights represents a significant and transcendental milestone for the protection not only of the Marañón River but also of all rivers contaminated by extractive activities,” said Mamani.
In addition to granting the river inherent rights, the court named the Indigenous group and the Peruvian government as “guardians, defenders, and representatives of the Marañón River and its tributaries.”
Precedent for global river conservation
Loreto’s regional government was ordered to take necessary steps with the National Water Authority to establish a water resource basin organization for the river. The court also required Petroperu to present an updated environmental management plan within six months.
Mariluz Canaquiri Murayari, president of the federation, said the group’s fight to protect the environment in the region “will continue.”
“It encourages us to fight to defend our territories and rivers, which is fundamental,” Murayari said of the ruling. “The recognition made in this decision has critical value. It is one more opportunity to keep fighting and claiming our rights. Our work is fundamental for Peru and the world: to protect our rivers, territories, our own lives, and all of humanity, and the living beings of Mother Nature.”
The women who led the legal action noted that courts in recent years have recognized rights for other waterways, including Colombia’s Atrato River, New Zealand’s Whanganui River, and Canada’s Magpie River.
Monti Aguirre, Latin America director of International Rivers, which supported the federation in its lawsuit, said the ruling “underscores the vital impact of community-led advocacy in safeguarding river ecosystems and sets a crucial precedent for river conservation efforts globally.”
“By recognizing the Marañón River as a subject of rights, this decision is significant not only in terms of environmental protection but also in advancing the rights of nature and the rights of rivers,” said Aguirre. “It establishes a groundbreaking legal framework that acknowledges the inherent rights of natural entities, paving the way for similar legal recognition and protection of rivers worldwide.”
Editor’s Note: Last November, an Ecuadorean appeals court ruled to return the land back to the ownership of Siekopai People. Since the early 20th century, the Siekopai have suffered due to rubber plantation, drawing of an international border through their land, oil exploration, deforestation for pastures and monocultures, Christian missionaries, among many others. A return of their land is a landmark judgment, and came after years of organizing. The following is a brief story that came out soon after the return of their land.
For a more historical background on the issue, check this story.
Amazon defenders [last November] cheered what one group called “an invaluable precedent for all Indigenous peoples fighting to recover their lands” after an Ecuadorean appeals court ruled in favor of the Siekopai Nation’s ownership claim over its ancestral homeland.
The November 24 decision by a three-judge panel of the Sucumbios Provincial Court of Justice gives Ecuador’s Ministry of the Environment 45 days to hand over title to more than 104,000 acres of land along the country’s border with Peru.
“Today is a great day for our nation,” Siokepai Nation President Elias Piyahuaje said following the ruling. “Until the end of time, this land will be ours.”
The Siekopai—who call their homeland Pë’këya—were forcibly displaced from the region, one of the most biodiverse on the planet, in 1941 during the first of three border wars between Peru and Ecuador. They were then prevented from returning home as the Ecuadorean government unilaterally claimed ownership of Pë’këya.
The ruling marks the first time that an Ecuadorean court has ordered the return of land stolen from Indigenous people.
Amazon Frontlines—a San Francisco-based advocacy group that helped the Siekopai with their case—explained:
With a population of barely 800 in Ecuador and 1,200 in Peru, the Siekopai are on the brink of cultural and physical extinction. On both sides of the border, the Siekopai are currently waging legal battles to recover more than a half-million acres of land that were stolen from their ancestors. The Siekopai’s court victory recognizing Pë’këyamarks a major stepping stone in this binational struggle for the reunification of their ancestral territory. After centuries of violence, racism, and conquest by colonizing missions, rubber corporations, and governments, the court’s recognition of the Siekopai as the owners of Pë’këya is an indispensable step towards restoring justice and guaranteeing their collective survival and the continuity of their culture.
“For over 80 years, we have been fighting to get our land back,” Piyahuaje said. “Despite all the evidence regarding our land title claim—even historians testified that our ancestors dwelled in the area since the time of conquest—the Ecuadorian government failed to uphold our land rights time and time again.”
“We are fighting for the preservation of our culture on this planet. Without this territory, we cannot exist as Siekopai people,” he added.
Amazon Frontlines attorney Maria Espinosa said that “this victory has been decades in the making, it has been a very long struggle against the government.”
“Now, finally, the Siekopai’s dream of recovering their ancestral territory has been achieved,” Espinosa added. “This groundbreaking precedent paves the way for other Indigenous communities who dream of recovering their territories within protected areas.”
Editor’s note: None of the events are being organized by DGR. We stand in solidarity and encourage our readers to get involved in these if possible.
Kangaroo: A love-hate story (Film Screening)
Kangaroo reveals Australia’s relationship with its beloved icon, uncovering disturbing scenes behind the largest mass destruction of wildlife in the world. Using investigative techniques such as interviews, citizen footage, and research, Kangaroo: A Love-Hate Story shows how the kangaroo meat industry and the Australian government put profits ahead of animal welfare, native species protection and the environment. In addition, farmers who are guided by misinformation and profit take whatever steps they deem necessary to eradicate the species.
A free community screening presented by Woolgoolga Regional Community Gardens and Kangaroo Advocate Yurpia McCafferty, at 6pm (AEST) Tuesday 7th March, on 79 Scarborough St, Woolgoolga. You can find out more about the event here.
Violence Against Rural Indigenous Women: Brazil, Guatemala, Peru, and the United States
Throughout the Western Hemisphere, indigenous women and girls suffer extreme and disparate levels of gender-based violence. For those living in rural and remote communities on their own indigenous lands, these problems are even more pronounced. Our event will feature a panel of indigenous women from Brazil, Guatemala, Peru, and the United States, who will discuss how violations of indigenous peoples’ land rights and right to self-government expose their women and girls to racial discrimination, gender-based violence, and other human rights violations and how living in rural communities intensifies these problems.
The webinar will happen on March 8, 2023 at 1:00 p.m. – 3:00 p.m. (EST).
Black Summer Vigil
This online and offline event is being organized in the three-year anniversary memorial for the three billion animals who died in the Australian bush fires. The event will bring together stories from first responders across wildlife rescue, rural fire service, photojournalism, Aboriginal custodianship, veterinary medicine, ecology, and more. Speakers include:
Greg Mullins, Former Commissioner, Fire and Rescue NSW; Climate Councillor and founder, Emergency Leaders for Climate Action. Greg warned Australia’s then–Prime Minister in April 2019 that a bushfire catastrophe was coming. He pleaded for support and was ignored, then risked his life dealing with the ramifications on the ground.
Internationally recognised ecologist and WWF board member, Professor Christopher Dickman oversaw the work calculating the animal deaths from Black Summer. A Fellow of the Australian Academy of Science, Professor Dickman already wore the heavy task of being an ecologist during the sixth mass extinction, in the country that has the worst rate of mammalian extinction in the world. On 8 January 2020 media around the world shared his finding that Black Summer fires had killed one billion animals. Sadly, the fires continued for two more months, and his team’s final count was three billion. This does not include invertebrates: it is estimated 240 trillion beetles, moths, spiders, yabbies and other invertebrates died in the fires.
Coming up from the South Coast, owner of Wild2Free Kangaroo Sanctuary Rae Harvey, as seen in The Bond and The Fire. She is in the sad position of having personally known and cared for a number of Black Summer’s victims: many of the orphaned joeys she cared for were killed in the fires. (She nearly died herself too.) For three years, she has been unable to even speak their names. Now, for the first time, she will tell the story of the joeys she lost.
Cultural burning practitioner and Southern NSW Regional Coordinator with Firesticks Alliance, Djiringanj-Yuin Custodian Dan Morgan. Dan practises using Aboriginal knowledge to heal Country. He has worked for 18 years with the NSW National Parks & Wildlife Service and is on the board of management for the Biamanga National Park, a sacred area home to the last surviving koalas on the NSW south coast – which was partly destroyed by the fires of Black Summer.
Head of Programs & Disaster Response at Humane Society International (HSI) Evan Quartermain, who was one of the first responders on Kangaroo Island where nearly 40% of the island burnt at high severity.
The physical event will happen in Camperdown Memorial Rest Park (Sydney) at 2pm Sunday 2 April 2023 (AEST). You can also attend it online. You can find more information here.
Editor’s Note: The mainstream environmental movement has been co-opted not only into believing that renewables can save the planet, but also in the tactics used to accomplish that. A lot of the movement uses advocacy as the one and only strategy against systems of power. The main problem with the advocacy is that it places power in the hands of the state and diminishes the power that we have as individuals and as communities. On the contrary, the organizing model recognizes the power that we hold and focuses on increasing that power through collective, coordinated actions. (For more on this, read Jane McAlevey’s book “No Shortcuts: Organizing for Power in a New Gilded Age.”)
This is an editorial piece by Hugo Blanco, a Peruvian peasant and political figure. It is a call to action for all to recognize the power we have as individuals and as communities to organize into a powerful social movement.
At times we are struck by a feeling of reporting the same news over and over again. Such as the death of a Kukama child poisoned by leaking oil, together with the memory of other deaths marked by the same, obscenely inhuman cruelty. The same news of a river filling up with crude oil or a mine tailing killing our people. And another horrific murder inside a police station, the mob of uniformed beasts furiously beating vulnerable children, pregnant women and the elderly.
It is perhaps because the people’s life of the last 530 years has been one of struggle, resisting the death that comes brandishing and bullets.
Nonetheless, we are now well aware that these attacks by the capitalist system — pollution, persecution, and prison — are neither accidental nor isolated incidents. Rather, they are planned, strategic acts of war against the people, in the service of the growth of capitalist development. That is, not for the development of alternatives but of ever-increasing profits.
The Mapuche people and the women of Iran, the communities of Colombia’s Cauca Valley, the Zapatistas, and dark-skinned immigrants are not suffering collateral damage, nor are they affected just by economic interests. Rather, they are military targets of those protecting the transnational corporations and banks that deal in gold, gas, timber, water and crops. It is all about money and power.
At times the military objective is the people’s consciousness, in which case they spread a mass of lies and nonsense that can still end up convincing the public. We can come to believe, for example, that it is a very good idea to become the world’s largest exporter of asparagus, leading to eliminating the biodiversity by planting only asparagus. The crop is kept far from us while the people starve in a landscape rendered sterile.
Or it can seem reasonable that the high mountains are worthless in their natural state, that the waters are polluted in order to make us the leading exporter of copper, and again we are left with the with the hill health that comes from living in a sterile environment.
All of this is for our benefit in name only, as those who profit from these services are not the ones who dig and sow. We are left with nothing but the land rendered sterile.
Later they will tell us that our votes are needed in order to ensure that all of this can change. We will have to participate in the elections, join the campaigns and cast the right votes. However, it is hard to believe that when we know that over there in the national government they take by centimeters what has been lost by kilometers in our forests.
And it is harder still when we catch on that official justice is just another mercenary bought and paid for. (Just look at how many corrupt prosecutors are at large in Abya-Yala, holding hands with the genocidal armed forces while in the embrace of servile news media!)
Social movements in defense of our territories — whether at the level of the community, neighborhood, individual, spirituality or consciousness — are our hope to tackle hunger, sickness and environmental destruction. And it is by organizing and sharing our experiences that we can progress from demanding our rights to recovering our lost autonomy. There are as many realities in the struggle for life as there are landscapes in our Mother Earth. Each people has its own altitude, latitude, language and history.
In the beginning God had it easy, as He only had to create where there was nothing. We, on the other hand, have to create in the midst of pain, alienation and discouragement; we have to clean up the polluted rivers while keeping up our courage.
But that is what we are here for, to transform the world and ourselves. The sun and rain will be there for us in our struggle.
This is the Editorial from the current issue of Lucha Indígena, the newspaper published by Peruvian peasant leader and ecosocialist Hugo Blanco. Translation courtesy of Christopher Starr. Derek Wall’s biography, Hugo Blanco: A Revolutionary for Life, is an excellent account of Blanco’s lifelong struggle for indigenous rights.
“Not a single drop of oil is going to come out of the Amazon until the government takes care of us,” said campaigners.
Demanding stronger social and environmental support in northern Peru’s Loreto region, about 200 Indigenous protesters on Wednesday announced a strike two days after they began occupying a station of the North Peruvian Oil Pipeline controlled by state-owned oil company Petroperu.
The strike will continue until President Pedro Castillo, who took office in July and has pledged a redistribution of wealth from mining projects to help local communities, fulfills the Indigenous people’s demands, said the Indigenous Association for Development and Conservation of Bajo Yurimaguas (AIDCBY).
“Not a single drop of oil is going to come out of the Amazon until the government takes care of us,” said AIDCBY.
The group, as well as the Awajun Native Federation of the Apaga River (FENARA) and the Peoples Affected by Oil Activity (PAAP), are demanding the establishment of a trust fund to finance the cleanup of areas affected by oil spills as well as education and healthcare services in the region.
Official statistics show that at least 37 spills from the pipeline were recorded between 1996 and 2016.
According to the environmental protection group EarthRights International, local communities have been affected by major declines in crop yields and contaminated drinking water and have reported “a number of health problems stemming from the contamination, including nausea, migraines, vomiting, stomach pain, skin rashes, and even miscarriages among pregnant women; tests have confirmed contaminants in blood and urine.”
The demonstrators called on Castillo and Energy Minister Ivan Merino to travel to Station 5, the pipeline station the groups have taken over. According to Telesur English, FENARA on Wednesday said the government should not “provoke with a police deployment” but instead allow for “the implementation of an intercultural dialogue.”
Last year, three Amazonian Indigenous people were killed and 17 demonstrators were injured after Peruvian security forces responded to protests over a pipeline run by Canadian firm PetroTal.
Petroperu’s pipeline transports crude oil from northern Peru’s Amazon regions to a refinery on the country’s Pacific coast. The company was forced to halt the pumping of oil this week as the groups took over Station 5.
Ismael Pérez Petsa, a leader of the Lower Puinahua Indigenous Development and Conservation Association, told Radio La Voz de la Selva Wednesday that the outcome of the protest is now in the Castillo administration’s hands.
“Now we’ll see the real face of the executive who campaigned about supporting Indigenous peoples,” Pérez Petsa said. “The ball is with them and today it’s [a] government political decision.”
