Tag Archives: indigenous peoples Amazon

Sins of Environmentalism

During the opening ceremony of the (Conference of the Parties) COP15 of the Biodiversity Convention taking place in early December 2022,  Canadian Prime Minister Justin Trudeau called for a global agreement to protect 30% of the world’s land and water by 2030. This so-called ’30×30′ plan is opposed by a number of groups that promote the rights of indigenous peoples. According to Survival International, an organization campaigning for Indigenous rights, 30 x 30 will be the biggest land grab in history.

Already in many Protected Areas around the world local people, who have called the land home for generations, are no longer allowed to live on and use the natural environment to feed their families, gather medicinal plants or visit sacred sites.

Fortress Conservation’ is one example of a conservation model that excludes Indigenous communities. It began with the formation of Yosemite, the world’s first national park, in North America over 150 years ago.  To preserve the ‘pristine wilderness’ humans needed to be expelled so the native Americans, who had lived in and cared for the region for thousands of years, were evicted.

Only 3 per cent of the world’s land remains ecologically intact, and biodiversity loss continues at an alarming rate.  In 2010, member states of the Convention on Biological Diversity (CBD) committed to placing 17 per cent of the world’s land within protected areas by 2020. Yet during that decade global biodiversity actually declined significantly.

There have also been systemic human rights abuses. Rainforest Foundation UK protects the world’s rainforests by supporting and empowering the Indigenous people and local communities which live in them.  But its research into 34 Protected Areas in the Congo Basin showed that without the presence of Indigenous communities, animal populations dwindled, and extractive activities increased. This was despite large investments having been channeled into them.  It also uncovered widespread disregard for local communities’ rights and livelihoods and conflict between forest peoples and conservationists in this region.

According to Joe Eisen, Executive Director of Rainforest Foundation UK, human rights abuses are commonplace in the Congo Basin. “Our research has shown these human rights abuses are not just the isolated actions of rogue park rangers but are rather part of a system in which displacement, torture, gender-based violence and extrajudicial killings are used to control Indigenous peoples and other local communities who live in, and depend on, areas of high conservation value,” he says.

Protected Areas are often managed by major international conservation organizations, who employ armed guards to evict the local population and prevent their return. These actions have long-term consequences and destroy Indigenous livelihoods and cultures.

There are calls for the development of a community-based conservation model, which empowers Indigenous people, rather than removing them from their ancestral lands.

Excerpts from Plans to protect 30% of the planet by 2030 could be ‘devastating’ for Indigenous people, Euronews, Dec. 8, 2022

Wild West: Mercury Pollution in the Amazon Rainforest

Munduruku Indigenous people in the Tapajós basin – an epicenter of illegal gold mining in the Amazon rainforest – in southwestern Pará state have reported increasing encroachments upon their lands by armed “wildcat” miners known as “garimpeiros” since March 14, 2021. The Federal Prosecutor’s Office has warned of a potential for violence between local residents and the miners and urged the deployment of the federal police and other authorities to remove the trespassers. But the government has yet to act. The tension has escalated in recent weeks after a group of miners brought equipment to the area.

Illegal mining causes significant deforestation in the Brazilian Amazon and has been linked to dangerous levels of mercury poisoning, from mercury widely used to process the gold, in several Munduruku communities along the Tapajós basin. Indigenous people also fear that miners could spread the Covid-19 virus in their communities.

In a public statement on March 16, 2021 the Federal Prosecutor’s Office reported that a helicopter appeared to have escorted the miners and their equipment, suggesting the invasion is “an orchestrated action” by an organized crime group. The office also reported that the miners may be coordinating the invasion with a “small group” of Indigenous people who support the mining. Members of Munduruku communities who oppose the mining and have reported the invasions to the authorities say they have faced threats and intimidation. On March 19, 2021 armed men reportedly prevented a group of Munduruku Indigenous people from disembarking from their boats in an area within their territory. On March 25, 2021 in the Jacareacanga municipality, miners and their supporters forced their way into a building that houses the Wakoborun Women’s Association and other community organizations that have opposed the mining. The attackers destroyed furniture and equipment and set fire to documents, Indigenous leaders reported…

President Bolsonaro has signaled his aversion to protecting Indigenous lands. As a candidate, he vowed not to designate “one more centimeter” of land as Indigenous territory. His administration has halted the demarcation of Indigenous territories – there are 237 pending requests – leaving Indigenous communities even more vulnerable to encroachments, deforestation, and violence. The Munduruku territory is already demarcated. In 2020, Bolsonaro introduced a draft bill in Congress to allow mining and other commercial activities in Indigenous territories. The bill is pending in Congress and is listed as one of Bolsonaro’s priorities.

Excerpt from Brazil: Remove Miners from Indigenous Amazon Territory, Human Rights Watch, Apr. 12, 2021

Beyond Deforestation–Toxic Waste Pollution at the Amazon Rainforest

Maria do Socorro explains in graphic detail the spate of ailments affecting newborns in her remote community in the Amazon: her grandson died after being born with his intestines outside his body, while others were missing organs or had undeveloped bones.  For the 56-year-old community leader, there is little doubt about the cause of these illnesses. She said the rainforest town had for years suffered from toxic waste pollution from the local operations of Norwegian aluminum producer Norsk Hydro.

Long a simmering environmental scandal in Brazil, the allegations were brought on to the international stage in February 2021 when Socorro’s community sued the Norwegian giant in a Dutch court, seeking damages for claims that “the incorrect disposal of toxic waste” from operations in the area had caused a variety of health ailments, polluted the rainforest and destroyed economic opportunities.

“If business can be global, why can’t justice? These companies have businesses everywhere, but then when they do something wrong they want to smother the possibility of people getting compensation,” said Pedro Martins, partner at law firm PGMBM, which is representing 40,000 alleged victims bringing the suit against Norsk Hydro…

Through local entities, Norsk Hydro runs three facilities — a bauxite mine, a refinery and a smelter — in Pará, a vast Amazonian state that is a flashpoint for illegal deforestation, gold mining and land-grabbing.  The company…denied that in 2018 pollutants from its facilities spilled over during heavy rains and polluted nearby rivers and earth….

Locals say bauxite, lead and aluminium pollution have turned the region’s rivers red. A study from the Evandro Chagas Institute, a Brazilian public health body, found in 2018 that the region’s waters were so polluted with industrial waste from the Norsk Hydro facilities that they “cannot be used for recreation, fishing, or human consumption”.

“I invite these Norwegians to come and bathe in our waters. I challenge them. They have good water there in Norway. Our wealth just goes there,” said Socorro, who heads Cainquiama, a group representing mainly indigenous people and quilombolas — the descendants of runaway slaves. Nearly all of the claimants in the suit have complained about chronic pain, hair loss and skin conditions. The suit also contains claims in relation to birth defects, such as those that have affected Socorro’s grandson, who was born with gastroschisis — a hole in the abdominal wall.

The case is a sensitive one for Norwegian investors and the government, which owns a 34 per cent stake in Norsk Hydro. Oslo has long attempted to hold Brasília to account for the environmental destruction of the Amazon, even publishing its own data on deforestation in the world’s largest rainforest.

Excerpts from Bryan Harris, Norsk Hydro blamed for birth defects in Amazon forest pollution case, FT, Feb. 27, 2021

To Steal To Survive: the Illegal Lumberjacks of the Amazon

The Amata logging company was supposed to represent an answer to the thorny problem of how countries like Brazil can take advantage of the Amazon rainforest without widespread deforestation.  But after spending tens of millions of dollars since 2010 to run a 178-square-mile concession in the rainforest to produce timber sustainably, Amata pulled out in April 2020. The reason: uncontrolled wildcat loggers who invaded Amata’s land, illegally toppling and stealing trees.

Amata’s executives in São Paulo said that instead of promoting and protecting legal businesses, Mr. Bolsonaro’s administration did next to nothing to control the illegal loggers who invaded the concession in the western state of Rondônia. “It’s a conflict area,” Amata Chief Executive Ana Bastos said of the land granted to the company. “Those lumberjacks steal our lumber to survive. If we try to stop them, they will fight back. It will be an eternal conflict.”

Since they pay no taxes and make no effort to protect certain species or invest in restoration, illegal loggers can charge $431 per square meter of lumber, compared with $1,511 per square meter of legally logged timber, concession operators said.  “It is like having a regular, taxpaying shop competing with lots of tax-free peddlers right in front of your door,” said Jonas Perutti, owner of Lumbering Industrial Madeflona Ltda., which also operates concessions in the Amazon…

“The organized crime that funds illegal activity in the Amazon—including deforestation, land grabbing, lumber theft and mining—remains strong and active,” said Carlos Nobre, a Brazilian climate scientist. “It seems [the criminals] aren’t frightened by the government’s zero-tolerance rhetoric or don’t believe it’s serious.”…

Wildcat loggers are among the Amazon’s poorest residents, and many feel they have an ally in Mr. Bolsonaro,[Brazil’s President]…“There’s much corruption in law enforcement, and consumers don’t care if the wood they are buying is legal or not,” said Oberdan Perondi, a co-owner of a concession that is five times as large as Amata’s and also competes with illegal loggers.

Excerpt from Paulo Trevisani and Juan Forer, Brazil Wanted to Harvest the Amazon Responsibly. Illicit Loggers Axed the Plan, WSJ, Oct. 28, 2020

Amazon Rainforest: Source of Food for Vegans, Meat-Lovers

In the first four months of 2020 an estimated 1,202 square km (464 square miles) were cleared in the Brazilian Amazon, 55% more than during the same period in 2019, which was the worst year in a decade…Less attention has been paid to the role of big firms like JBS and Cargill, global intermediaries for beef and soya, the commodities that drive deforestation.  The companies do not chop down trees themselves. Rather, they are middlemen in complex supply chains that deal in soya and beef produced on deforested land. The process begins when speculators, who tend to operate outside the law, buy or seize land, sell the timber, graze cattle on it for several years and then sell it to a soya farmer. Land in the Amazon is five to ten times more valuable once it is deforested, says Daniel Nepstad, an ecologist. Not chopping down trees would have a large opportunity cost. In 2009 Mr Nepstad estimated that cost (in terms of forgone beef and soy output) would be $275bn over 30 years, about 16% of that year’s GDP.

Under pressure from public opinion, the big firms have made attempts to control the problem. In 2009, a damning report from Greenpeace led JBS, Marfrig and Minerva, meat giants which together handle two-thirds of Brazil’s exports, to pledge to stop buying from suppliers that deforest illegally. (The forest code allows owners to clear 20% of their land.) JBS, which sources from an area in the Amazon larger than Germany, says it has blocked 9,000 suppliers, using satellites to detect clearing.

The problem is especially acute in ranching, which accounts for roughly 80% of deforestation in the Amazon, nearly all of it illegal. “Cows move around,” explains Paulo Pianez of Marfrig. Every fattening farm the big meatpackers buy from has, on average, 23 of its own suppliers. Current monitoring doesn’t cover ranchers who breed and graze cattle, so it misses 85-90% of deforestation. Rogue fattening farms can also “launder” cattle by moving them to lawful farms—perhaps their own—right before selling them. A new Greenpeace report alleges that through this mechanism JBS, Marfrig and Minerva ended up selling beef from farms that deforested a protected Amazon reserve on the border between Brazil and Bolivia. They said they had not known about any illegality.

One reason that soya giants seem more serious than meat producers about reducing deforestation a network of investors concerned about sustainability, is that most soya is exported. The EU is the second-top destination after China. But companies struggle to get people to pay more for a “hidden commodity”… But few people will pay extra for chicken made with sustainable soya, which explains why just 2-3% is certified deforestation-free. ….Four-fifths of Brazilian beef, by contrast, is eaten in Brazil. Exports go mostly to China, Russia and the Middle East, where feeding people is a higher priority than saving trees. Investors, for their part, see beef firms as unsexy businesses with thin margins

According to soya growers, multinational firms failed to raise $250m to launch a fund for compensating farmers who retain woodland. “They demand, demand, demand, but don’t offer anything in return,” complains Ricardo Arioli….

Reducing deforestation will require consensus on tricky issues like the fate of tens of thousands of poor settlers on public lands in the Amazon, where half of deforestation takes place….

Excerpts from The AmazonL Of Chainshaws and Supply Chains, Economist, JUne 13, 2020

First Armed Attack on Amazon Rainforest in 30 Years

On Ju;ly 28, 2019, heavily armed gold miners invaded a remote indigenous reserve in northern Brazil and stabbed to death one of its leaders, officials say.  Residents of the village in Amapá state fled in fear and there were concerns violent clashes could erupt if they tried to reclaim the gold-rich land.  

Tensions in the Amazon region are on the rise as far-right President Jair Bolsonaro, who is against the reserves, vows to open some of them to mining.  Mr Bolsonaro says the indigenous territories are too big given the number of people living there, and critics accuse him of encouraging illegal mining and invasions of reserves.  The group of 10 to 15 heavily armed miners overran the village Yvytotõ of the Wajãpi community and “tensions were high”, according to Brazil’s indigenous rights agency, Funai. The residents fled to the Mariry village, some 40 minutes away by foot, and have been warned not to try to come into any contact with the invaders.

Based on accounts from the Wajãpi, Funai said the miners had killed 68-year-old Emyra Wajãpi, whose body was found with stab marks in a river near Mariry…”This is the first violent invasion in 30 years since the demarcation of the indigenous reserves in Amapá,” Senator Rodolfe Rodrigues told local newspaper Diário do Amapá (in Portuguese), warning of a “blood bath”…. Bolsonaro, who took office in January 2019, has promised to integrate indigenous people into the rest of the population and questioned the existence of their protected territories, which are rights guaranteed in the country’s Constitution.The president has also criticised the environmental protection agency, Ibama, and accused the national space institute, Inpe, of lying about the scale of deforestation in the Amazon.

Excerpts from Brazil’s indigenous people: Miners kill one in invasion of protected reserve, BBC,  July 28,  2019

Suing and Wining: Indigenous People, Ecuador

Hunter-gatherers in the Amazon sought in court on in April 2019 to stop Ecuador’s government auctioning their land to oil companies, as tension mounts over the future of the rainforest…The Waorani said the government did not properly consult them in 2012 over plans to auction their land to oil companies.

“We live on these lands and we want to continue to live there in harmony. We will defend them. Our fight is that our rights are respected,” said Nemonte Nenquimo, a leader of the 2,000-strong Waorani….Ecuador is pushing to open up more rainforest and develop its oil and gas reserves in the hope of improving its sluggish economy and cutting its high fiscal deficit and foreign debt…

The constitution gives the government the right to develop energy projects and extract minerals on any land, regardless of who owns it, but requires that communities are consulted first and are properly informed about any projects and their impact. Laws to regulate the consultation process have yet to be introduced – although the court case could push the government to do this, said Brian Parker, a lawyer with campaign group Amazon Frontlines, which is supporting the Waorani…

The government announced last year that it had divided swathes of forest up into blocs for auction, one of which – bloc 22 – covers the Waorani’s ancestral lands, raising the specter of pollution and an end to their way of life.  In two landmark cases in 2018, local courts sided with indigenous communities who said the government had failed to inform them before designating their land for mineral exploitation….The Inter-American Court of Human Rights also ruled in 2012 that Ecuador had violated its Sarayaku Amazonian community’s right to prior consultation before drillers started exploration on their lands in the late 1990s.

Excerpts Ecuador’s hunter-gatherers in court over oil drilling in Amazon, Reuters, Apr. 11, 2019

Oil Barrels Spilled in Amazon: Peru

It’s been a bad year for Peru’s Amazon – 2016 has seen seven oil spills there so far. And it’s only September. Most of these occurred across the Northern Peruvian Pipeline, in operation since 1977, which transports crude from the Peruvian Amazon to the Pacific Coast along 854 kilometers (530 miles) and is under the control of state-owned Petroperu. After the first two spills leaked around 3,000 barrels, in January and February 2016, the pipeline was shuttered for repairs. However, five additional oil spills have happened since then.According to Peru’s environment regulator OEFA, at least five oil spills were due to poor pipeline conditions, and illegal use of it after the closure. However, the oil company is blaming the latest two spills on vandalism by locals.,,

[M]ore than 190 oil spills have been recorded in Peru since 1997, according to Peru’s energy and mining agency. But the situation appears to have worsened since the beginning of 2016. After the two oil spills leaked 3,000 barrels – polluting nearby rivers and destroying the livelihood of locals – protests against pipeline’s poor conditions in February 2016 forced its shutdown.

When a third oil spill occurred in June 2016 – of 600 barrels – then-Minister of Environment, Manuel Pulgar Vidal, accused Petroperu of pumping crude illegally through the pipeline. The president of Petroperu was ousted, and a $3.5-million (around 3-million-euro) fine was levied.

But the disaster continued: During August and September 2016, four additional oil spills were recorded in the area. The last two occurred while thousands of indigenous people were demonstrating for withdrawal of the oil companies. According to the Peruvian government, Petroperu is responsible for at least five of the seven oil spills – the company has already been penalized more than $7 million. Petroperu continues to insist, however, that the oil spills were a result of extreme weather or vandalism by the locals.

The amount of oil spilled 2016 in the Peruvian Amazon – less than 10,000 barrels in seven spills – is a relatively small amount, compared for instance to the 650,000 barrels of oil that have fouls parts of the Amazon of Ecuador since the 1960s.

Repeated oil spills threaten Peru’s Amazon, DW.com, Oct. 2, 2016

Making Money in the Peruvian Amazon

The Sierra del Divisor region in the Peruvian Amazon was identified as a biodiversity conservation priority back in the early 1990s. More than 20 years later and Peruvians are still waiting – some more desperately than others given all the narco-traffickers, illegal loggers and gold-miners in or near the region.

What’s so special about the Sierra del Divisor? It’s the “only mountainous region” anywhere in the lowland rainforest, according to Peruvian NGO Instituto del Bien Comun (IBC), while The Field Museum, in the US, describes it as “a mountain range” rising up “dramatically from the lowlands of central Amazonian Peru” and boasting “rare and diverse geological formations that occur nowhere else in Amazonia.” Its most iconic topographical feature is “El Cono”, an extraordinary peak visible from the Andes on a clear day.

Sierra del Divisor is home to numerous river headwaters feeding into key Amazon tributaries, eco-systems, and a tremendous range of flora and fauna, some of which are endemic, some endangered or threatened – and some with the most wonderful names. Giant armadillos, jaguars, cougars, Acre antshrikes, curl-crested aracaris, blue-throated piping guans and various kinds of monkeys, including the bald – but very red-faced – uakari, all populate the region. Effectively, it forms part of a vast “ecological corridor” running all the way from the Madidi National Park in Bolivia in a north-westerly direction along much of the Peru-Brazil border.

21 indigenous communities and 42 other settlements would benefit from the Sierra del Divisor being properly protected, states the Environment Ministry, while ultimately over 230,000 people in Peru depend on the region for food and water, according to the IBC. In addition, in the absolute remotest parts, it is home to various groups of indigenous peoples living in what Peruvian law calls “isolation.”

In 2006 Peru’s government established a 1.4 million hectare temporary “protected natural area” in this region called the Sierra del Divisor Reserved Zone. Six years later a government commission agreed it would be converted into a national park, and, all that remains now, after a painful administrative process, several key advances made this year and indigenous leaders lobbying various ministries, is for Peru’s Cabinet to approve it and the president, Ollanta Humala, to sign off on it. That is how it has stood since early May 2015 – and still nothing….

Why such a delay indeed, this year or in the past? Might it have something to do with the infrastructure integration plans for the region, such as the proposed – and effectively already underway – road between Pucallpa, the Peruvian Amazon’s current boom city, and Cruzeiro do Sul across the border in Brazil? Or the proposed railway between the same two cities ultimately connecting to Peru’s northern Pacific coast, declared in the “national interest” some years ago? Or the proposed railway running all the way across South America from Peru’s Pacific coast to Brazil’s Atlantic coast, a long-mooted project which has received so much media coverage recently because of Chinese interest in financing it and the visit by China’s premier, Li Keqiang, to Brazil and Peru in May?

Or might the delay be explained by oil and gas industry interests? Perupetro, the state company promoting oil and gas operations, tried to open up what would be the entire southern part of the park for exploration before backtracking in 2008, while the London Stock Exchange-Alternative Investment Market-listed company Maple Energy has been pumping oil for years in a concession just overlapping the west of the proposed park. More significantly, Canadian-headquartered company Pacific Rubiales Energy runs a one million hectare oil concession that would overlap the entire northern part of the park if it was established, and conducted its first phase of exploratory drilling and seismic tests in late 2012 and 2013 in what would be the park’s far north. Clearly, it wouldn’t be good PR for either Pacific or Peru to explore for oil in, or exploit oil from, a national park, although it wouldn’t be the first time a concession and park have overlapped. Indeed, according to the IBC, it has been agreed that Pacific’s “rights” to operate will be respected if the park is created.

Excerpts from David Hill Peru stalling new national park for unique Amazon mountain range, Guardian, July 29, 2015

 

How Ships Dump Oily Waste at Sea

A ship company based in Germany and the chief engineer on one of its vessels have agreed to plead guilty to illegally dumping oily water off Alaska.  The AML Ship Management GMBH and Nicolas Sassin, the chief engineer on the AML-operated ship City of Tokyo, agreed to plead guilty to violating federal clean water law by knowingly dumping 4,500 gallons of oily bilge water south of the Aleutian Islands.  The company and Sassin, 45, face a separate charge of presenting false pollution oversight records to the U.S. Coast Guard when the vessel docked in Portland, Oregon, prosecutors said.  As part of the plea deal, AML agreed to pay $800,000 in fines and community service payments…

Discharge of oily waste from vessels is a worldwide problem, said Kevin Feldis, first assistant U.S. attorney.”This is the first time we have charged Clean Water Act crimes for an actual discharge of oil into the EEZ (exclusive economic zone) off the coast of Alaska,” Feldis said in an email. “As detailed in the court documents, witnesses saw a sheen off the side of the vessel after the chief engineer hooked up a pump to illegally dump oily bilge water overboard.

Water routinely accumulates in the bilge, or bottom, of vessels. Federal law requires ships to store it until it can be treated on shore, or to run it through an onboard oil-water separator. Water that contains less than 15 parts per million of petroleum can be dumped overboard…On Aug. 29, 2015  as the ship passed 165 miles south of Alaska’s Sanak Island, Sassin used an illegal pump system to dump untreated oily bilge water over the side of the 603-foot ship, bypassing the oil-water separator and other pollution control equipment, prosecutors said.

“Nobody knows exactly how much oily waste is illegally dumped from ships, but as this case demonstrates, a determined engineer with a few pieces of equipment who does not have proper oversight can easily circumvent the pollution prevention equipment onboard vessels,” Feldis said.

Excerpt from DAN JOLING, German company, ship’s chief engineer reach plea agreement in Alaska marine pollution case, Associated Press, Feb. 12, 2015

Oil Pollution in Amazon Peru

Hundreds of indigenous people deep in the Peruvian Amazon are blocking a major Amazon tributary following what they say is the government’s failure to address a social and environmental crisis stemming from oil operations.   Kichwa men, women and children from numerous communities have been protesting along the River Tigre for almost a month, barring the river with cables and stopping oil company boats from passing.  Oil companies have operated in the region for over 40 years, and have been linked by local people to pollution that has led the government to declare “environmental emergencies” in the Tigre and other river basins….

The oil concession where the protest is taking place, Lot 1-AB, is Peru’s most productive, but the contract, held by Pluspetrol, expires in August 2015. The government has committed to relicensing it and consulting the indigenous communities involved, but leaders say the contamination and other issues must be addressed first.   “What we want is remediation, compensation, and to be consulted, according to international norms, about the relicensing,” says Fachin. “We won’t permit another 30 years of work otherwise.”…The Kichwas are now they are demanding 100 million Peruvian nuevo soles, from Pluspetrol, for “compensation after almost 45 years of contamination.”

“The state declared an environmental emergency, but hasn’t done anything,” says Guillermo Sandi Tuituy, from indigenous federation Feconat. “It must find a solution to this problem if it wants to relicense the concession.”...Pluspetrol took over Lot 1-AB from Occidental in 2000. It did not respond to requests for comment.

Peru’s indigenous people protest against relicensing of oil concession, Guardian,  Feb, 2, 2012

Amazon Indigenous Peoples – culture commerce

[T]he Tupe reserve, home to 40 members of the Dessana tribe, and located 15 miles (24km) up the Rio Negro river from Manaus, the capital of Brazil’s vast Amazon region.The tribe originates from more than 600 miles further upstream, in remote north-western Brazil, but three decades ago nine members moved down river to Tupe, to be near Manaus, a modern city of two million people.  Eventually they chose to go into tourism, and commercialising their culture.

Yet while they continue to be successful in doing this, some commentators remain concerned that the Tupe villagers, and other such tribal groups which have gone into tourism, are at risk of being exploited.  Former farmersToday the residents of Tupe put on traditional music and dance performances for tourists and sell their homemade jewellery to visitors….

With most visitors paying a fixed fee of around £55 per person for a package tour, the problem for the tribal people – and authorities wishing to help project them – is that thereis no industry-wide agreement on what share of the money the villagers should be paid.   Some of the 196 tourism agencies don’t pay the tribal groups at all, instead forcing them to rely on selling jewellery, with pieces typically retailing for between four reals ($1.50; £1) and 20 reals ($7.60; £5), or asking for donations….A Brazilian government agency, the National Indian Foundation, which aims to protect and further the needs of indigenous groups, is indeed now looking at whether such regulations should be enforced.In the meantime, to help tribal villages better handle business negotiations with tour firms, a non-government organisation called the Amazonas Sustainable Foundation (ASF) runs entrepreneurial programmes for members of such communities.

Excerpt from  Donna Bowater, Helping Brazil’s tribal groups benefit more from tourism, BBC, Jan. 21, 2015

Peru Pipelines and Indigenous Peoples

Peru’s government said in June 2014 that three companies have qualified to submit bids for a contract to build and operate a multi-billion dollar gas pipeline project in the country’s southern region, the state news agency Andina reported.  State investment promotion agency ProInversion said that two of the contenders for the Southern Peru Gas Pipeline concession are consortia.

The consortium Gasoducto Sur Peruano is made up of Brazilian construction giant Odebrecht and the firm Enegas. The consortium Gasoducto Peruano del Sur is made up of France’s GDF Suez, as well as the firms Sempra, Techint and TGI. The third contender is Energy Transfer.  The technical proposals are expected to be submitted on June 26, 2014 and the concession is scheduled to be awarded on June 30, 2014. The bid consists in the design, financing, construction and maintenance of a 32″ pipeline, in three sections.

The Southern Peru Gas Pipeline will extend some 1,000 kilometers, transporting natural gas from the Camisea fields in Peru’s south-eastern Amazon region to the Peruvian coast. The project is expected to require an investment of some $4 billion.  The government says the pipeline is to provide inexpensive gas to southern Peru, helping to spur development in one of the country’s poorer regions.  [However NGOS have argued that the project will harm indigenous peoples living in the region].

According to the UN Special Rapporteur on the rights of indigenous peoples,, James Anaya (see Remarks on the extension of exploration and extraction of natural gas  in Block 88 of the Camisea project, March 24, 2014)

“[S]everal national and international NGOs have claimed a number of environmental and health problems in relation to the expansion plan of the project, in some cases stating that any activity of extractive industry within the reserve is simply incompatible with its protection goals. The Special Rapporteur has found that in many cases these claims are speculative and vague, and without relation to the information contained in the EIA of the company or the findings of government.”

But the rapporteur stated also that:

“Assessing the impacts that mining activity could have on indigenous peoples within the reserve and to establish effective safeguards, it is necessary to have adequate knowledge beforehand, to the extent possible, these peoples and their dynamics, in observance the principle of non-contact remote villages. However, while there is relatively extensive information on indigenous reserves within the sustained or sporadic contact with settlements, the available information on indigenous peoples in isolation is outdated and incompleteThis information gap has generated divergent opinions and a lack of trust in relation to the protective measures that the Government has demanded that Pluspetrol is committed to implement in the context of extractive activities in the reserve.

Excerpts, Three Contenders for Peru’s Southern Gas Pipeline,  Peruvian Times, June 6, 2014 and the Remarks on the extension of exploration and extraction of natural gas in Block 88 of the Camisea project, March 24, 2014

Yasuni National Park Oil Drilling: Ecuador, Amazon

Ecuador’s parliament on Thursday (Oct. 3, 2012) authorized drilling of the nation’s largest oil fields in part of the Amazon rainforest after the failure of President Rafael Correa’s plan to have rich nations pay to avoid its exploitation.  The socialist leader launched the initiative in 2007 to protect the Yasuni jungle area, which boasts some of the planet’s most diverse wildlife, but scrapped it after attracting only a small fraction of the $3.6 billion sought.

The government-dominated National Assembly authorized drilling in blocks 43 and 31, but attached conditions to minimize the impact on both the environment and local tribes. Though Correa says the estimated $22 billion earnings potential will be used to combat poverty in the South American nation, there have been protests from indigenous groups and green campaigners.  About 680,000 people have signed a petition calling for a referendum.  “We want them to respect our territory,” Alicia Cauilla, a representative of the Waorani people who live around the Yasuni area, said in an appeal to the assembly. “Let us live how we want.”  Correa has played down the potential impact of oil drilling in the area, saying it would affect only 0.01 percent of the entire Yasuni basin…

Oil output in OPEC’s smallest member has stagnated since 2010 when the government asked oil investors to sign less-profitable service contracts or leave the country. Since then, oil companies have not invested in exploration.  State oil company Petroamazonas will be in charge of extraction in blocks 43 and 31, which are estimated to hold 800 million barrels of crude and projected to yield 225,000 barrels per day eventually. Ecuador currently produces 540,000 bpd

Excerpt, By Alexandra Valencia, Ecuador congress approves Yasuni basin oil drilling in Amazon, Reuters, Oct. 4, 2013

 

Indigenous Peoples Rights and Energy Projects: the Inter-American Court of Human Rights

Deep in the rainforest, the village of Sarayaku is two days by river from the nearest town. But its 1,200 Kichwa Indians are now in the spotlight. On July 25th the Inter-American Court of Human Rights ruled that Ecuador’s government had ignored the rights of Sarayaku’s residents when granting permission for an energy project—putting governments in the Americas on notice that big physical investments are not legal until the indigenous people they affect have had their say.

The dispute began in 1996 when Petroecuador, the state oil firm, signed a prospecting deal with a consortium led by Argentina’s Compañía General de Combustibles (CGC). Much of the area it covered was the ancestral land of Sarayaku’s residents, who were not consulted. CGC later offered locals medical aid for their consent. Some villages signed up, but Sarayaku held out.  Nonetheless, by early 2003 CGC had drilled 467 boreholes around the town for seismic surveying, and packed them with 1,433kg of high explosives. They were never detonated, and remain buried in the forest. As well as felling trees and destroying a sacred site, the company ruined some of Sarayaku’s water sources. Work ceased in 2003, and CGC’s contract ended in 2010.

The court found that the state had breached the villagers’ rights to prior consultation, communal property and cultural identity by approving the project, and that CGC’s tests had threatened their right to life. It ordered the government to pay damages, clear the remaining explosives and overhaul its consultation process. In future affected groups must be heard in a plan’s “first stages…not only when the need arises to obtain the approval of the community.” However, the judges did not ban prospecting on Sarayaku lands. The right to consultation does not grant a veto.

The ruling will be studied closely in the myriad Latin American countries struggling to balance big investments with local rights. A narrow reading of the decision suggests that governments must tiptoe around indigenous concerns, but can act more boldly when other groups protest, since the ruling was based partly on the International Labour Organisation’s Indigenous and Tribal Peoples Convention.

The ruling also shows that the regional justice system has not lost its mettle. In 2011 the Inter-American Commission on Human Rights, which litigates cases at the court, asked Brazil to halt work on the huge Belo Monte dam because its neighbours were not given a sufficient chance to speak up. Brazil’s government, which had authorised the dam only after a long public debate, saw this as a violation of its sovereignty. It did not comply, and stopped contributing money to the commission.  The commission was weakened by angering the region’s biggest country and by the criticism that it had exceeded its mandate. After Brazil presented new evidence in the case, the commission reversed its stance on Belo Monte. Moreover, last month the Organisation of American States voted to draft a reform plan for the commission, which some fear could strip it of important powers. Ecuador was among the commission’s loudest critics.

The Sarayaku case was not as heated as Belo Monte, since Ecuador’s government had already promised to pay damages. However, the court’s decision did strongly reassert its right to intervene in development cases. Moreover, Ecuador’s government plans to tender a big chunk of the Amazon for oil exploration later this year, despite indigenous opposition. If neither side backs down and the protesters appeal, the court’s next ruling on development in Ecuador may be far more contentious.

Indigenous rights in South America: Cowboys and Indians, Economist,July 28, 2012, at 32