In an open letter to the Peruvian authorities, Survival International, Rainforest Foundation Norway and Peruvian indigenous organization ORPIO have denounced the Peruvian government’s failure to protect uncontacted tribes.
The organizations are calling for the government to create an indigenous reserve, known as Yavari-Tapiche, for uncontacted tribes along the Peru-Brazil border, and to put a stop to outsiders entering the territory.
In the letter the three organizations state: “Uncontacted tribes are the most vulnerable peoples on the planet. They have made the decision to be isolated and this must be respected…
“The Yavarí Tapiche region is home to uncontacted peoples. Despite knowing of their existence and enormous vulnerability, the government has failed to guarantee their protection…
“These tribal peoples face catastrophe unless their land is protected. Only by creating the proposed Yavarí Tapiche indigenous reserve and implementing effective protection mechanisms that prevent the entry of outsiders, will the indigenous people be given the chance to determine their own futures…
“We are also concerned about the government’s refusal to exclude oil exploration within the proposed reserve…. No exploration or exploitation of oil should ever be carried out on territories inhabited by uncontacted Indians…
“We believe that the oil company Pacific Stratus is poised to begin operations this year in areas where there are uncontacted tribes…
“By failing to both create the reserve and to rule out oil exploration, Peru is violating both domestic and international law…
“If the government does not act urgently to protect the uncontacted peoples of Yavarí Tapiche, we fear that they will not survive. Another tribe will disappear from the face of the earth, before the eyes of the world.”
Survival’s Director Stephen Corry said: “We’ve repeatedly called for the Yavarí-Tapiche indigenous reserve to be created and for oil exploration to be ruled out, but the government has dragged its feet. The lives of uncontacted Indians are on the line but once again, economic interests take priority.”
The Resígaro tribe was eventually wiped out, and Rosa and her brother became the last remaining speakers of the language.
Rosa was also one of the last speakers of Ocaina and was regarded as a pillar of her community. She knew a wide repertoire of songs and stories in both languages and had recently been designated, by the government, to teach children Ocaina
Rosa’s community suspects that an outsider, known for violent behavior, is responsible for the murder. However, the local prosecutor has declared that there is insufficient evidence to prosecute. The community is calling for a serious investigation to take place to find the culprit.
A new “death road” advocated by a notorious Italian priest is set to cut in two the land of several uncontacted tribes in the heartland of the Amazon Uncontacted Frontier.
The road is expected to be approved by Peru’s congress soon, and will run through 270 km of the Amazon’s most biodiverse and sensitive protected areas.
The project has been supported for years by Father Miguel Piovesan, a Catholic priest who has described the local tribal peoples as “prehistoric,” and slammed international NGOs for raising concerns about the plan.
The road was rejected by Peru’s Congress in 2012. Despite this, work continued illegally for many years, and now the project has been proposed again by Congressman Carlos Tubino.
Uncontacted tribes are the most vulnerable peoples on the planet. There are estimated to be around 15 uncontacted peoples in Peru, many of them in the region where the road will be built.
Survival International has lodged a complaint with the United Nations, citing the catastrophic impact on the uncontacted Indians and urging the Peruvian government to veto the plan.
Of the 3-4,000 people in the area, around 80% are indigenous. Most of them are opposed to the road.
Emilio Montes, president of the indigenous organization FECONAPU, which is based in Puerto Esperanza said: “We flatly reject this road. We indigenous people won’t benefit from it, only the loggers, miners, oil companies and narcotraffickers. It threatens the lives of our isolated relatives, like the Mashco Piro. It will destroy our animals and plants. They should, instead, respect our ancestral territories. We’ve always lived here, and our children must carry on doing so. We need another type of development which looks after our resources sustainably: so that we can live properly, and secure our future.”
Survival’s Director Stephen Corry said: “If this road goes ahead, it will destroy the uncontacted tribes, and their “development” will be terminated for ever. Survival has fought roads in this part of Amazonia for decades. Who are they supposed to help? If Peru has any respect for fundamental human rights and the rule of law, it must stop these plans now.”
The road will connect Puerto Esperanza to the Inter-Oceanic Highway, which runs through Peru and Brazil. The area is part of the Amazon Uncontacted Frontier, the region along the Peru-Brazil border with the highest concentration of uncontacted tribes in the world.
Uncontacted peoples who could be wiped out if the road is built include the Mashco Piro, Chitonahua, Mastanahua and Sapanawa, who have all lived nomadically in the region for generations. Outsiders such as missionaries and loggers have forced several groups to make contact in recent years.
Elsewhere in the Amazon, road “development” projects have allowed an influx of colonists to access remote areas and threaten the lives and lands of uncontacted peoples.
Several indigenous organizations in Peru have made a statement rejecting the road.
Fr. Piovesan has repeatedly denied the existence of uncontacted peoples. His parish newsletter stated that: “Isolation is not a natural wish. We can’t prove that isolated people exist. They are dreamt up by those who barely know indigenous people, or base their investigations on unproven theories.”
Uncontacted Indians have clearly expressed their desire to remain uncontacted. The project cannot be carried out with their consent and will violate their right to determine their own futures.
We know very little about uncontacted tribes. But we do know there are more than a hundred around the world. And we know whole populations are being wiped out by genocidal violence from outsiders who steal their land and resources, and by diseases like flu and measles to which they have no resistance.
Uncontacted tribes are not backward and primitive relics of a remote past. They are our contemporaries and a vitally important part of humankind’s diversity. Where their rights are respected, they continue to thrive.
All uncontacted tribal peoples face catastrophe unless their land is protected. Survival International are doing everything we can to secure their land for them, and to give them the chance to determine their own futures.
Survival International has learned that the Peruvian government is developing a “Master Plan” for a new national park that could pave the way for large-scale oil exploration. This will threaten the lives and lands of several uncontacted tribes.
The area, known in Spanish as the Sierra del Divisor [“Watershed Mountains”], is part of the Amazon Uncontacted Frontier, the region straddling the Peru-Brazil border that is home to the largest concentration of uncontacted tribal peoples on the planet.
A new plan for the area currently being drafted by Peru’s national parks agency SERNANP could enable oil companies to enter the park. It has further been reported that the new government wants to change the law to make it even easier to open up national parks to oil and gas operations.
The Sierra del Divisor National Park was created in 2015 to protect the region. The new plan could wipe out the uncontacted Indians, not all of whom have been recognized by the authorities.
A contacted Matsés woman said: “Oil will destroy the place where our rivers are born. What will happen to the fish? What will the animals drink?”
In 2016, Canadian oil company Pacific E&P cancelled a contract to explore for oil on nearby contacted Matsés territory, in the face of stiff opposition from the tribe.
However, it still has a contract to explore in the Watershed Mountains.
In 2012, it conducted the first phase of exploration, which Survival International and contacted Matsés campaigned against.
The more vulnerable uncontacted members of the tribe are still at risk, and not in a position to consent or object to the project. The environment that they have depended on and managed for millennia could be destroyed.
The oil exploration process uses thousands of underground explosions along hundreds of tracks cut into the forest to determine the location of oil deposits.
With a new Peruvian government in place, Survival and the indigenous organizations AIDESEP, ORPIO and ORAU are urging the government to think again.
Survival’s Director Stephen Corry said: “It’s in all our interests to fight for the land rights of uncontacted tribes, because evidence proves that tribal territories are the best barrier to deforestation. Survival is doing everything we can to secure their land for them.”
Resistance against the Dakota Access Pipeline (DAPL) at Standing Rock has gained unprecedented coverage. At the center of the story is a thousand-plus miles long pipeline that would transport some 500,000 barrels of oil per day from North Dakota to Illinois. The pipeline is backed by Texas-based Energy Transfer Partners. And It faces a huge line of Indigenous nations who’ve come together to say “No.”
The Standing Rock Sioux Tribe opposes the construction of the Dakota Access Pipeline, because it crosses sacred grounds within the boundaries of the reservation and threatens water sources in the larger region of the Missouri River.
There was no prior consultation or authorization for the pipeline. In fact, the construction of the pipeline is a blatant violation of treaty rights. The territorial and water rights of the Standing Rock Sioux Tribe and the Cheyenne River Sioux Tribe are protected under the Treaty of Fort Laramie (1851) and the Sioux Nation Treaty at Fort Laramie (1868)—as well as subsequent treaties.
Indigenous nations across the USA mobilized to protect Standing Rock. There are thousands of people now standing their grounds, including over a hundred Nations from across the Continent. Tara Houska, from the Ojibwa Nation, says this gathering of tribal nations at Standing Rock is unprecedented since Wounded Knee in 1973.
#NoDAPL Peaceful Prayer Demonstration led by the International Indigenous Youth Council at the Standing Rock Sioux Indian Reservation on Sept 25, 2016. Photo: Indigenous Environmental Network
Though it’s making less headlines now, the ongoing pipeline resistance has faced the same brand of repression that other megaprojects face in Guatemala, Peru and elsewhere around the world: with violence and impunity. Most recently, over 20 water defenders were arrested on charges ranging from disorderly conduct to trespassing. Earlier this month, pipeline guards unleashed attack dogs (biting at least 6 people), punched and pepper-sprayed Native American protesters.
Such attacks rarely make it to the media, and when they do the media often ends up feeling some of the legal pressures used against native nations. Democracy Now released video footage of dogs with blood on their teeth, which went viral. As a result, Amy Goodman was charged for criminal trespass. An arrest warrant was issued under the header “North Dakota versus Amy Goodman.” The defense of Native territory was combined with claims that “journalism is not a crime.”
Waves of support emerged everywhere. A coalition of more than 1,200 archeologists, museum directors, and historians from institutions like the Smithsonian and the Association of Academic Museums and Galleries denounced the deliberate destruction of Standing Rock Sioux ancestral burial sites. In Washington DC, hundreds gathered outside President Obama’s final White House Tribal Nations Conference in a rally opposing the North Dakota Pipeline.
Unprecedented mobilization led to unprecedented politics. On September 10, the US federal government temporarily stopped the project. A statement released by three federal agencies said the case “highlighted the need for a serious discussion” about nationwide reforms “with respect to considering tribes’ views on these types of infrastructure projects.”
Dave Archambault, Standing Rock Sioux Chairman, took the case to the United Nations. He denounced the destruction of oil companies and the Sioux determination to protect water and land for unborn generations. The UN Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, responded by calling on the United States to halt the construction of the pipeline saying it poses a significant risk to drinking water and sacred sites.
“I urge the United States Government to undertake a thorough review of its compliance with international standards regarding the obligation to consult with indigenous peoples and obtain their free and informed consent,” the expert said. “The statutory framework should be amended to include provisions to that effect and it is important that the US Environmental Protection Agency and the US Advisory Council on Historic Preservation participate in the review of legislation.”
Many more standing against pipelines
Standing Rock has become emblematic of a much broader battle against predatory development. The invasion of Indigenous territory without prior consultation is unfortunately all too common. The disregard of state treaties and environmental regulations is not an exception, but the norm.
Across the Americas, there are hundreds of nations resisting megaprojects on their lands like Standing Rock. Many of these struggles are taking place now in North America. People know that Native Americans protested the Keystone XL pipeline in Oklahoma. But there are many more pipelines that receive little or no media attention.
In Canada, the Energy East Pipeline would carry 1.1 million barrels of crude per day from Saskatchewan to Ontario and on to Saint John, New Brunswick. The pipeline will secure crude exports to the more profitable markets of Europe, India, China and the U.S. But it threatens the lands of more than 30 First Nations and the drinking water of more than five million Canadians.
Nancy Morrison, 85, of Onigaming and Daryl “Hutchy” Redsky Jr., 7, of Shoal Lake 40 stand together at Kenora’s second Energy East pipeline information session.
There is the Northern Gateway Pipeline, which Canada’s Federal Government conditionally approved in June 2014 without prior consultation. The Yinka Dene Alliance First Nations refused the pipeline permissions to enter its territories. There are eight First Nations, four environmental groups and one union now challenging the pipeline in court. Last June, the Federal Court of Appeal overturned the project.
The Unist’ot’en clan of the Wet’suwet’en Nation are continuing to resist the Pacific Trail natural gas pipeline in British Colombia. Coast Salish Peoples on both sides of the U.S.-Canadian border are opposing Kinder Morgan’s proposed TransMountain pipeline project. In Minnesota, the Red Lake Band of Chippewa Indians are fighting against a set of Enbridge pipelines.
There are many other pipeline struggles around the world, including in Peru, where the Wampis are cleaning up oil spills on their own; and Ecuador, where urban youth and ecologists have joined Indigenous communities in defending the Amazon from further oil drilling in the Yasuni.
What is at stake is Indigenous territory coupled with the greater need for healthy land and clean water for posterity. Resisting pipelines is to defend nature from the tentacles of extractive industries that continue to place corporate interests ahead of human rights and needs even as the climate crisis pulls us to the point of no return. Standing Rock is about Indigenous self-determination as much as it is about restoring relations of reciprocity between humans and nature. Without respect to Indigenous nations there will be no reversing of climate change.
The legal precedent of Bagua
Peru may offer inspiration to redefine rights of extraction–Peruvian courts just absolved 52 Indigenous men and women in the well-known case of #Bagua.
Also known as “Baguazo,” the case refers to the 2009 massacre in the Amazon. Hundreds of people from the Awajún and Wampis nations blocked a road in the area called Curva del Diablo (Bagua, Amazonas) to contest oil drilling without prior consultation on their territory. Several weeks of Indigenous resistance led to a powerful standoff with former-Peruvian President Alan Garcia responding with a militarized crackdown. The military opened fire on protesters on the ground and from helicopters in what survivors described as a “rain of bullets.” At least 32 people were killed, including 12 police officers.
Peruvian forces open fire on the Awajun and Wampis. Photo: unknown
The government tried to cover the massacre by claiming that Indigenous protesters had attacked the police, who reacted in self-defense. Yet autopsies showed that the police were killed by gunfire. The Indigenous protesters were only armed with traditional weapons—they had no firearms of any kind. Nonetheless, 52 peoples were charged with homicide and instigating rebellion in what became the largest trial in Peruvian history. Bagua’s indigenous resistance for water and land is told in the award-winning documentary “When Two Worlds Collide.”
Seven years later, the Superior Court of Justice of Amazonas (Peru) absolved the 52 accused on the basis of Indigenous autonomy over territory. The court determined that Indigenous roadblocks were a “reasonable decision- necessary and adequate- as well as proportional” to defend nature and the “physical and biological integrity of their territory which could have been affected by extractive industries without prior consultation.”
The sentence states that it is “evident that the Indigenous Nations Awajún and Wampis have decided to block circulation on the roads (…) in their legitimate right to peaceful expression based on territorial and organizational autonomy and their jurisdictional authority recognized by the Constitution.”
This marks an important precedent. Peruvian courts showed their autonomy in rejecting fabricated accusations against peaceful Indigenous protesters defending nature. This will hopefully show that the defense of nature, like journalism, is not a crime. Most importantly, the court respected the organizational and territorial autonomy of Indigenous Peoples. Indeed, Indigenous Peoples were right to close the road rather than have their rights violated.
In Bagua as in Standing Rock, Indigenous Peoples have the sovereign authority to block roads to protect territory, water, and the well-being of generations to come. It is time that all courts respect such inalienable rights with the same fervor that Indigenous Peoples defend their territories.
