July 11, 2011 | Andrew Miller
Amazon Watch
Over
the past four years as an Amazon Watch campaigner, I have had the opportunity
to meet some extraordinary indigenous leaders from around the region. None are
more inspirational, however, than the tremendously savvy, well-organized, and
persistent Kichwa from Sarayaku in the Ecuadorian Amazon.
Last
decade, the Ecuadorian government made the mistake of trying to force oil
exploration on the Kichwa, without any prior consultation. When the community
pushed back, the government sent in military forces and the companies used
nefarious divide-and-conquer strategies, including inciting violence. This is
of course standard across the Amazon. In this case, however, the colluding
forces of government and oil companies didn't comprehend how fierce and dogged
the community's resistance would be.
Sarayaku
is the model par excellence of how to
wage a multi-pronged strategy on behalf of the rights of an indigenous people.
The foundation is perpetual local-level community organizing, including an
effort to build leadership and involve all sectors of the community. Building
upon this, they have reached out to allies on national and international
levels, strengthening a widespread network of support in Ecuador, Latin
America, the U.S., and Europe. A third element is a commitment to building
their own in-house technological and media outreach capacities.
All
of this was evident this past week when a significant component of their
international strategy – bringing the Ecuadorian state to court before the
Inter-American human rights system – culminated before the Inter-American Court
of Human Rights in Costa Rica. Because Amazon Watch's Ecuador Program
Coordinator Kevin Koenig was otherwise busy back in Quito, I was tasked with
accompanying them in San José. Previously, I had met a number of their leaders
and organized meetings and media interviews for a delegation when they were in
Washington, DC in late 2009.
By
strategic choice, they turned the Court's hearing room into Little Ecuador,
replicating their own dynamic and strengths to the degree possible. First, they
brought an impressive group of community leaders, elders, and children,
totaling 18. Then, they invited many indigenous and civil society allies to
accompany them. Of course their lawyers from Fundación Pachamama and CEJIL were
there. Additionally, their entourage included Humberto Cholango, the new
president of Ecuador's national indigenous alliance CONAIE, a campaigner from
Amnesty International's London headquarters, various other long-time allies,
and myself from Amazon Watch.
Sarayaku
harnessed the power of media and internet technology to get the word out about
the landmark hearing, and to keep their own community members informed about
each of their activities. Prior to their trip, Sarayaku whiz kid Eriberto
Gualinga produced a short video as a popular introduction to the delegation's
plans. They held multiple press conferences, in both Quito and San José, which
garnered an increasing amount of coverage as the hearings drew near. The
hearings themselves were telecast via the Court's website, and watched
simultaneously on multiple continents, including within Sarayaku.
On
Wednesday, the first day of the hearing, they prepared by dressing in
traditional clothing and painting their faces with ceremonial designs. The
group marched from their hotel to the Court and performed a ceremonial act
immediately outside, bringing the full spiritual force of their homeland to the
Los Yoses barrio of San José. The ceremony involved drumming, dancing, the
invocation of a sacred song by 90-year old spiritual elder Sabino Gualinga, and
the nasal inhaling of tobacco juice. Some 40 people, both friends and
functionaries of the Court, watched on.
In
the Court's hearing room, Sarayaku offered four witnesses, each of whom
provided powerful and often emotional testimony. Patricia Gualinga spoke out
and served as an interpreter for Sabino Gualinga and Ena Santi, both of whom
delivered their testimonies in Kichwa. Marlon Santi, former president of both
Sarayaku and CONAIE, broke down crying after entreating the government to
respect the community's rights and to leave them to live in peace.
Though
not a witness, Sarayaku President José Gualinga made a statement on behalf of
the community in the final oral arguments session on Thursday afternoon. He
concluded stating that "We have always, and will always protect and
nurture our Mother Earth, the forest that nourishes us every day. We from the
world of the Kichwa culture are always ready to defend the right to life and
the rights of nature."
Expert
testimonies were provided on Thursday morning. James Anaya, the UN Special
Rapporteur for the Rights of Indigenous Peoples, spoke at length about the
state of indigenous rights. He noted that, "Unfortunately, today there
persists a line of thinking that continues with the image of the indigenous as
a savage, though perhaps not using this word, and uses this image to justify
new acts of undermining indigenous participation. But fortunately, there exists
another line, one of recognition, appreciation, and inclusion of indigenous
peoples. This line of thinking is a threat to the legacy of the history of oppression.
This new line manifests itself in new international instruments, like the UN
Declaration on the Rights of Indigenous Peoples, and new constitutions like
that of Ecuador."
The
Ecuadorian State's arguments were emblematic of how governments attempt to
defend their egregious behavior. Some were standard – That oil development is
essential to the broader development of the country and that the local
communities are an obstacle to such. Others were bizarre – that the court
having issued protection measures for Sarayaku somehow lessened the security of
neighboring communities. Implicit within the latter argument is the notion that
the Ecuadorian state has pushed that Sarayaku is the perpetrator of violence
against their neighbors. This point was made by one of the State's witnesses,
David Gualinga, a Kichwa individual who was expelled from Sarayaku 15 years ago
and has since had a contractual relationship with oil companies and the
government. Bringing a competing indigenous voice to the court is a standard
tactic, attempting to demonstrate that there are conflicts amongst the
indigenous groups.
James
Anaya addressed this final point when he noted that many indigenous conflicts
are brought on by outside interests.
The broader implications of the Sarayaku case
The
Sarayaku case, focusing on events in 2002 and 2003, is really about the future
of the indigenous territories which cover the great majority of the Amazon
rainforest. The Correa government is currently in the process of
repeating the same violations of indigenous rights via expansion of oil
exploration throughout the southern Ecuadorian Amazon without the consent of
numerous affected indigenous peoples. A favorable judgment in this case
would add pressure for the Ecuadorian government to finally enter into
good-faith consultation with affected and vulnerable communities.
The
Sarayaku case is emblematic of dozens of other situations across the Amazon
rainforest in which governments have promoted extractive industries, including
oil extraction, mining, and mega-dam construction, against the express wishes
of local indigenous peoples. A strong judgment in favor of Sarayaku's
claims would provide additional moral and judicial weight to the Amazon-wide
demand for drastically improved protection of the rights of indigenous peoples
and the defense of their environment.
The
Court's judgment is likely to be made before the end of 2011. As in the case
against Chevron, the eyes of the world are closely watching the legal outcome
of the Sarayaku case within the Inter-American human rights system. Whatever
the decision, however, the people of Sarayaku will continue to campaign for
respect of their rights, and Amazon Watch will continue to support them.
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