Indigenous Organizations Denounce Conisur March

The following is a 6 January 2012 pronouncement by the indigenous peoples of the Isiboro Securé National Park and Indigenous Territory, of Beni, and of the lowlands as a whole, denouncing the pro-highway march, defining their relation with CONISUR, and critiquing how the march was organized. In Spanish only for now.

“Ante una difusión mal intencionada de una marcha de pueblos indígenas contra los acuerdos del TIPNIS,La Ley N’ 180 y la representación de los comunarios de los Pueblos Indígenas, las organizaciones del movimiento de las Tierras Bajas dirigidas por la CIDOB [Confederación de Pueblos Indígenas de Bolivia], e integradas por la CPEM-B [Confederación del Pueblo Etnico Mojeño–Beni]. CPIB [Confederación de Pueblos Indígenas de Beni]. CMIB [Confederación de Mujeres Indígenas de Beni]. G.C.T.s. (Gran Concejo de Tsimane). [Subcentral] TIPNIS. Sub central Sécure. hacen conocer a los ciudadanos bolivianos:”

FACT CHECK (12 October): New Bolivian Legislation Does Not Block TIPNIS Road; Construction Continues

Note: This is (hopefully) now a historical correction. This is assuming that the Morales government carries through its October 21 promise to prohibit any highway through TIPNIS. The misrepresentations of the Morales government on this issue (see below), however, suggest interested journalists and supporters of TIPNIS should stay tuned until the new legislation is finalized. Additionally, the Eighth Indigenous March has fifteen other points of demand, which are currently under negotiations with the Morales government. For comprehensive background on the issue see this briefing paper on the arrival of the march to La Paz (written October 16) and past articles on this blog. Happily, the English-language press has sent some impressive on-the-ground journalists who are covering this, alongside consistent bloggers like Dario Kenner. — CBJ, 21 October

Legislation passed by the Bolivian Chambers of Deputies and under consideration by the Bolivian Senate will not resolve the ongoing conflict over the proposed highway through Isiboro Sécure Indigenous Territory and National Park (TIPNIS). The indigenous communities of the territory, joined by the Confederation of Indigenous Peoples of Bolivia (CIDOB) and the highland National Confederation of Ayllus and Markas of Qollasuyu (CONAMAQ) have led a 59-day protest march in opposition to the proposed Villa Tunari–San Ignacio de Moxos highway, which would split the territory and accelerate already significant deforestation. The legislation, like prior government proposals, will not allow the indigenous people of the territory to freely choose the location or the absence of the road, as required by international standards. Nor will the law stop construction on the other two segments of the road, making the final segment a possible fait accompli.

Update, Thursday October 13: The executive branch has weighed in today. Evo Morales, speaking at the fulfillment an international business deal with a Chinese company, unequivocally said that the consultation will be non-binding, in the case of the highway and many other natural resources issues “of state concern.” As reported by the community radio network Erbol, Evo stated:

They ask that the consultation be binding, it’s impossible, that is non-negotiable. Prior consultations, consultations are always guaranteed by the Constitution and by international norms. We will always respect [consultation], but for a group of families to say to us, “Don’t do this,” would mean to paralyze our projects in the electrical and hydrocarbon sectors, and to paralyze our industries.

There are some matters that cannot be negotiated because it is a question of state, it is a question of the Bolivian people. [translation mine]

Nos piden que la consulta tenga carácter vinculante, (eso) es imposible, eso no se puede negociar, las consultas previas, las consultas siempre están garantizadas por la Constitución y por las normas internacionales, siempre vamos a respetar (la consulta), pero que un grupo de familias nos diga que no se haga (eso) significa paralizar todas nuestras obras en el sector eléctrico, en el sector hidrocarburífero, nuestras industrias.

Hay temas que no se pueden negociar porque es una cuestión de Estado, es del pueblo boliviano.

Evo Morales was not the executive official to weigh in today. Foreign Minister David Choquehuanca, widely regarded as the figure who urged Evo to retreat on the gasolinazo in December 2010, also spoke out.

Journalist: If they say they don’t want the highway, will that be accepted?

Choquehuanca: That’s it, that’s it. Otherwise, why are what are we doing the consulatation for?

Journalist: So, it will be binding?

Choquehuanca: It must be.

Morales’ statement came hours after Choquehuanca, and he continues to lead the government, so there is no doubt that Evo’s is the official position. However, Choquehuanca continues to be a crucial moral compass for the MAS government.

Note: This fact check is necessary in part because some English-language media (e.g., AFP) uncritically repeated the government’s spin that the road project has been stopped or suspended.

Government Proposal for Consultation Will Be Non-Binding

Legislators from the governing Movement towards Socialism (MAS) are currently advancing legislation on the TIPNIS conflict. While, some of them have claimed this legislation reflects the demands of the Eighth National Indigenous March, a delegation of MAS legislators failed to reach agreement with the marchers or indigenous deputies. On the night of October 8, after nine hours of debate, the Bolivian Chamber of Deputies passed the modified MAS proposal. It requires Senate approval and Presidential signing to become law. The modified MAS proposal does the following:

  • Suspends construction on Segment 2 pending “free, prior and informed consultation of the TIPNIS indigenous peoples, respecting their own norms and procedures in the framework of the Constitution,” ILO Convention 169, and the UN Declaration on the Rights of Indigenous Peoples.
  • Authorizes a study of alternatives for the Villa Tunari–San Ignacio de Moxos highway, with alternatives required to “guarantee the rights of indigenous peoples in their territory and the ecological equilibrium of TIPNIS.” (Relevant text appears here)

The indigenous march, and six indigenous deputies who represent lowland indigenous communities have raised several objections to this legislation (see after the jump). However, it has now come to light that the consultation process will not be binding; that is, the repeated indigenous opposition to the project, stated since 2003, may be ignored by the government under the law. Three MAS legislators—Deputy Ingrid Loreto (who helped to draft it), Deputy Emiliana Aiza, and Senator Rhina Aguirre—stated to the press (La Paz daily La Razón) that the legislated consultation does not require the government to carry out its results.

A binding process, rather than mere consultation, is the requirement of the UN Declaration on the Rights of Indigenous Peoples, which the government of Evo Morales incorporated into its national laws. Article 32 of the Declaration states in part, “States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources.” A recent letter from sixty-one organizations from five continents to President Evo Morales also urged, “We support a free and binding consultation process for the Villa Tunari–San Ignacio de Moxos highway and the right of the indigenous people of TIPNIS to say no to this development within the Territory and National Park.” Likewise, an online petition with nearly 500,000 signatures (from Avaaz) calls for a “binding and inclusive” consultation.

Construction continues on the highway

Meanwhile, construction continues on Segments 1 and 3 of the Villa Tunari–San Ignacio de Moxos highway. The Cochabamba daily Los Tiempos also reports that a bridge from Isinuta (the endpoint of Segment 1) and Puerto Patiño, the first step in Segment 2 inside TIPNIS, is being prepared. The promise of Evo Morales, made in the wake of the September 25 police attack on the march, to suspend construction only applies to Segment 2. The same would be true of the suspension under the proposed legislation. However, as can be seen in the accompanying map, Segment 2 between Isinuta and Monte Grande would have to cross through TIPNIS if the other two segments are built as planned.

Map and other indigenous concerns about the law follow…

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Indigenous march for TIPNIS survives blockade and violent police raid

What just happened?
(a capsule summary)

The 500-km (300-mile) indigenous march to preserve Isiboro-Sécure Indigenous Territory and National Park (TIPNIS) was held back for the week of September 20-25 by Bolivian police and a blockade set up by agrarian colonists loyal to the MAS government. Tensions rose as police turned back supplies for the march and indigenous women in the march compelled government negotiator David Choquehuanca to walk with the marchers through the police blockade on Saturday, September 24. Then, on Sunday, September 25, police launched a sudden and violent attack on the hundreds of marchers. The police use of tear gas, baton blows, zip ties and adhesive tape against an intergenerational cross-section of the indigenous movement, and direct targeting of its leadership sent shock waves through the political system. On Monday, three things were in rapid motion: the still-unconfirmed reports of deaths during the raid; some 300 marchers-turned-prisoners the government was attempting to fly out of the region; and a growing sense of outrage at the Evo Morales government for carrying out the attack. Rapidly organized protests by indigenous people and town-dwellers in Rurrenabaque compelled the police to release the arrested marchers before they could be flown out. Meanwhile, protests spread across the country and attracted support from all parts of the political spectrum, including the Defense Minister and figures who had been loyal allies of Morales.

Criticism of the Villa Tunari–San Ignacio de Moxos highway, planned to run through the ecological heart of TIPNIS, was reinforced by major voices this week, even as an international petition by Avaaz sped towards a half-million signature goal. Solidarity protests with TIPNIS were held in nine cities of Bolivia and across the department of Beni, where the raid occurred. On Wednesday, the national labor confederation held a general strike in solidarity with TIPNIS, among numerous other moves in support of the indigenous march.

Most dramatically, the hundreds of marchers bused by the police to Rurrenabaque have reunited with those dispersed during the raid. Together, they re-started the march at 7:00am on Saturday, October 1, less than a week after the raid. Their destination continues to be La Paz.

However, despite President Evo Morales’ apology for the raid, his government continues to support the proposed road. Government announcements that road construction is suspended remain unconfirmed on the ground, while we learned this week that construction of the road inside TIPNIS is well underway. Morales’ pre-raid Sunday morning proposal to hold a referendum on the highway for all residents of Cochabamba and Beni departments is not even close to “indigenous consultation,” much less “free, prior, and informed consent” by the indigenous communities directly affected by the route. Despite the upheavals of past week, Evo Morales and the MAS party remain committed to defeating opposition to this road project, and to avoiding a precedent for a local veto over infrastructure projects. To buttress this position, they are continuing to rally loyal supporters (primarily colono federations, but also some peasant unions) to upcoming marches in Cochabamba and La Paz departments. The possibility of direct confrontation between supporters and opponents of the road (or equivalently, critics of, and loyalists to Evo Morales), or further violent police action “to avoid confrontations” continues to loom large.

International solidarity statement with Bolivian indigenous march and Isiboro Sécure

An international sign-on letter has been released in support of the Isiboro-Secure National Park and Indigenous Territory in the Bolivian Amazon and plains, currently threatened by a proposed highway that would cut the territory in two. The letter calls for the Bolivian government to recognize the right of indigenous people to freely accept or reject development projects, including the highway, and to negotiate in good faith with the cross-country indigenous march in its defense.

The signers—sixty-one environmental, human rights, indigenous, health, anti-privatization, and global justice organizations— hail from five continents and identify as supporters of Bolivian social movements and the Plurinational State of Bolivia’s proactive diplomacy on environmental and human rights issues. However, they warn: “the country’s pioneering work on all these issues
also comes with a great responsibility. Bolivia’s continued ability to press forward this vital agenda will be affected by its consistency and moral credibility on matters of human rights and environmental protection.”

The Eighth Grand Indigenous March, which set off from Trinidad in mid-October, has travelled half of its planned route to La Paz, but currently faces a blockade by some members of the Union Confederation of Intercultural Communities of Bolivia (formerly the Union Confederation of Colonizers, that is agricultural settlers on frontier lands). Both the blockaders and Bolivian police are currently preventing the advance of the march towards La Paz, as well as additional volunteers, food, medicine, and supplies sent from La Paz.

In Spanish after the jump / En castellano después

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Bolivia’s indigenous land revolution: Big gains, but rights in question

Five years into indigenous-led government, what is the most tangible change for the country’s indigenous majority? Despite the many possible examples in the the symbols of government, the clauses of the 2009 Constitution, and the rhetoric of leaders like Evo Morales and Vice President Álvaro García Linera, I think there is one thing that stands out as the most concrete advance: awarding collective titles over land to self-governing regional indigenous organizations.

Bolivia is not alone in recognizing dramatically larger indigenous land claims as legitimate in the past two decades. Other large examples stretch from the reorganization of a large swath of Canada’s Northwest Territories as Nunavut to constitutional recognition of indigenous self-governance in long-standing Reserves (many of which were originally territories for Church-controlled “civilization” of native peoples) in Colombia and southward through most of South America.

Indigenous land rights have come at the initiative of the hemisphere’s active and intensely networked indigenous peoples’ movement, which has turned a long-repeated call into action over the past four decades. In Bolivia, this goal reached center-stage in national politics long before the rise of Evo Morales and the dramatic revolts of the 2000s. Its leading proponent has been the lowland indigenous confederation CIDOB. CIDOB was founded in 1982 as the Indigenous Confederation of the Bolivian East, and grew to include lowland groups in the Amazon and Chaco in a Confederation of Indigenous Peoples of Bolivia. In 1990, CIDOB brought the demand for territorial rights to the capital La Paz on the March for Territory and Dignity, the first of many trans-Bolivia marches it would lead. The embrace of CIDOB marchers by tens of thousands of highland peasants was legendary: it marked a coming of age for both CIDOB and the Katarista movement’s call for an ethnically conscious, self-organized peasantry, and the beginning of government recognition of indigenous rights.

In concrete terms, however, the 1990s only yielded a small start to the recovery of indigenous territory. Four so-called Native Community Lands (TCOs) were recognized by decree in 1992, and a formal mechanism for titling the land in such territories was created in the 1996 Agrarian Reform Law. But the “clearing” of land titles (or ”saneamiento”) was a long process, involved extensive bureaucracy and the recognition of titles for third party residents of these lands. Despite promising flourishes of rhetoric, the entire process limped along under the neoliberal governments that ruled Bolivia through 2005: just 2.8 million hectares as of 2000, and a total of 5.7 million by 2005. (data on titling comes from Fundación Tierra‘s recent comprehensive report on Native Community Lands, which are in the process of renaming as Indigenous Originary Campesino Territories).

Following the December 2005 election of Evo Morales, things genuinely changed. With the help of Danish development aid and technical assistance, a massive effort to generate secure titles for hundreds of TCOs advanced. In its first year, the Morales administration titled over 1.9 million hectares, but much more was to come. By February 2011, the Morales administration had nearly tripled the previous decades’ titling work in six years. The total area of Native Community Lands reached 20.7 million hectares, nearly 19% of the entire country.

Why does this matter? In the lowlands, native title has been a revolutionary shift in power. The most dramatic stories come from the Chaco, where the pre-2008 situation was the unpaid servitude of local indigenous peoples on massive ranches. Bolivia’s agrarian reform law allows the full reversion ranches that use forced labor to their liberated workers. The Inter-American Commission on Human Rights confirmed this situation:

the Commission finds the existence of debt bondage and forced labor, which are practices that constitute contemporary forms of slavery. Guaraní families and communities clearly are subjected to a labor regime in which they do not have the right to define the conditions of employment, such as the working hours and wages; they work excessive hours for meager pay, in violation of the domestic labor laws; and they live under the threat of violence, which also leads to a situation of fear and absolute dependency on the employer. (report, at paragraph 166)

Caraparicito became the flashpoint of Bolivian agrarian reform in April 2008, when governmental land reform officials were greeted by American ranch owner Ronald Larsen with shotguns in February and April 2008. Speaking of the Vice-Minister of Lands, Alejandro Almaraz, Larsen told La Razón, “I didn’t want this guy making any trouble, so I shut him up with a shot at one of his tires.”

In December 2010, five such ranches (El Recreo, San Isidro, Huaraca-Itacay, Buena Vista-Isiporenda, and Caraparicito I and II) were declared the property of the Alto Parapetí Native Community Lands. While appeals continue at the other five ranches, Larsen’s Caraparicito was turned over. Despite Larsen’s promise to relinquish his land “over my dead body,” he and his family moved out and local Guaraní leader José Yamangay Robles reports its residents have begun planting corn in their free life. The Guaranís’ new school in Caraparicito has been named Yeyora, or freedom. (For multiple reports on the land handover at Caraparicito and Alto Parapetí see CEJIS’ Bolivia Plurinacional of May 2011.)

While this dramatic reversal is hard to equal, the meaning of indigenous access to land has been vital to many agricultural communities. One example is in the lands of the Chiquitano people, as described in this Oxfam report on the significance of their 2007 recovery of lands. Collective ownership through Native Community Lands has spread far beyond the lowlands, largely through the reorganization of many Altiplano communities through the restoration of ayllu-based organizations. Fully 42.3% of titled TCO lands are in the Altiplano or central valleys, organized in 135 separate entities. Collectively governed agricultural communities have been given a big boost across the country. However, title to lands is not everything. For farmers, the materials to make their land productive are just as important, and this process has been slower.

Critical limitations on the territorial rights offered by Native Community Lands throw the value of these titles into question: a TCO can be overlaid by government-authorized concessions of logging rights, oil and gas exploration and extraction zones, and mining concessions. The Seventh CIDOB march’s demand “that forest, mining, and other concessions that affect indigenous peoples and their territories be annulled” was not heeded. TCOs can also come diced up by official recognition of third parties’ de facto control over longstanding indigenous territories, such as cocaleros’ encroachment into the Isiboro Sécure National Park and Indigenous Territory and large-scale agribusiness in the Chiquitanía and Gran Chaco.

Finally, the presumed right of indigenous communities to control their own territories is a subject of national political debate in today’s politics. Three simultaneous national debates put this issue front and center. First, the widely discussed Law on the Rights of Mother Earth remains stuck in the Bolivian legislature (a non-operative declaratory “short law” was passed last December). A major point of contention is the right of indigenous people’s to freely consent to or reject megaprojects on their lands. Senator Julio Salazar (MAS) who is in charge of the law’s progress, declared in April that “Our indigenous brothers cannot block taking advantage of natural resources.” An indigenous proposal for a general law on consultation and consent have recently been presented by CONAMAQ to the government. And the conflict over the highway planned through Isiboro Sécure has elicited numerous Morales government statements suggesting that indigenous communities have no right to veto what goes on in their lands.

Will the massive recognition of indigenous land rights result in a massive change in indigenous lives? Will former servants who acquired land title escape from poverty? Can defined boundaries turn back the tide of agricultural colonization and deforestation? Will these territories be vehicles for self-determination or will the use of the lands continue to be decided in La Paz, and in the interest of increasing extraction for the benefit of the national treasury? It’s too early to tell, but lowland and highland indigenous peoples, CIDOB and CONAMAQ, will soon be on the march again: On August 15, the Eighth National March begins. The march’s agenda (full text in Spanish) begins with defending TIPNIS and includes all of the issues discussed here, and many more.

Indigenous to confront Bolivian government over highway through Isiboro-Sécure National Park

In the coming weeks, Bolivia’s indigenous movement is organizing a new national march. For the eighth time, the Confederation of Indigenous Peoples of Bolivia (CIDOB; the acronym reflects its origins in the Oriente, or East of the country) is preparing a national march on La Paz. The National Council of Ayllus and Markas of Qullasuyu (CONAMAQ), an organization of traditionally organized highland communities has pledged to join CIDOB in this effort. Unlike CIDOB’s past marches, this one brings a single, local struggle to the national spotlight: the planned building of a major inter-departmental highway through an indigenous territory called Isiboro-Sécure.

The Isiboro-Sécure Indigenous Territory and National Park (known by the Spanish acronym TIPNIS) is supposed to be a new kind of territory. Combining indigenous self-government and environmental protection, TIPNIS is both a protected natural area and a self-governing indigenous territory. These lands lie on the undemarcated frontier between Cochabamba and Beni departments in Bolivia around the Isiboro and Sécure Rivers. They are home to members of the Yuki, Yuracaré, and Trinitario Mojeño peoples, who govern the territory through indigenous community organizations which are federated into the Subcentral of TIPNIS. This novel arrangement was made possible by the first CIDOB march, back in 1990, which put indigenous autonomy on Bolivia’s national radar.

Twenty years later, Bolivia is also supposed to be carrying forward a radical redefinition of its political life around a new agenda. Three pillars of that agenda are indigenous rights, autonomy, and care for the natural world. The government of Evo Morales backed the UN Declaration on the Rights of Indigenous Peoples to its passage by the UN General Assemby in 2007, and was the first government to incorporate its text into domestic legislation. The country’s new constitution, approved by a 2009 referendum, defines the a “Unitary Social State of Plurinational, Community-Based Law, … intercultural, decentralized, and with autonomies,” probably the strongest acknowledgment of decentralization in any national constitution. The Bolivian government’s support for environmental protection on the world stage—at Copenhagen and Cancun, in hosting the Cochabamba climate summit, and at the United Nations—has become almost legendary. The passage of a non-binding “Law on the Rights of Mother Earth” last December attracted enthusiastic praise from outside observers.

On the drawing board for decades, the Villa Tunari–San Ignacio de Moxos Highway started to become a reality over the past few years thanks to funding from Brazil’s National Bank for Economic and Social Development (BNDES). The highway has provoked a string of environmental controversies. At last April’s Cochabamba Climate Summit, the planned road was one of several dozen “megaprojects” discussed by local activists at Mesa 18, the so-called Eighteenth Table of the meeting and the only one devoted to environmental problems within Bolivia itself. In May, a summit of local and regional leaders met in the community of San Miguelito inside TIPNIS. Attending organizations declared:

We are tired of sending letters and resolutions stating our position of rejection against the initiative to construct a highway uniting Villa Tunari and San Ignacio de Moxos, which have never been heard and attended to by the current or previous governments; …

We resolve … To overwhelmingly and non-negotiably reject the construction of the Villa Tunari – San Ignacio de Moxos highway and of any highway segment that would affect our territory, our [collective] big house (full text in English)

Several months later, Vice Minister of the Environment Juan Pablo Ramos resigned rather than approve an environmental license for the highway. Yet, even as President Evo Morales inaugurated the project on June 5 of this year, no consultation has taken place with the peoples living in Isiboro-Sécure.

The objections to the highway, put forward by TIPNIS residents themselves through their Subcentral, should be familiar to anyone who follows the continent-wide story of deforestation in the Amazon basin. Across South America, large “primary actors” like road builders or oil drilling installations have had a disproportionate impact in opening new regions to systematic deforestation. The pattern is simple: one a route is cleared into a region, colonists follow with short-term cropping on cleared forest. Since the rainforest lives atop paradoxically poor soils (heavy rainfall washes the nutrients out of the soil, so the complex, multi-tier ecosystem has evolved mechanisms for preserving as much useful matter above the surface as possible). Often, such colonial agriculture depletes what is left after burning in a decade or two and colonists move on to repeat the cycle. For people who depend instead on the resources and wildlife of the forest for survival, this process is disastrous.  The indigenous peoples of TIPNIS are no exception: they too maintain a livelihood that is built around local self-sufficiency and depends on the forests for food and rivers for transportation. Deforestation is not a hypothetical threat in TIPNIS either. Where dirt and gravel roads have been cleared along the southern part of the proposed highway route, thousands of acres within the Park have been cleared for coca cultivation. New coca farms inside of TIPNIS violate understandings between the the Chapare coca farmers on one side and the international community on the other, and the Morales government has pledged to remove them. However, TIPNIS representatives have signaled that both land for cultivation and concessions for logging are being offered for speculative sale as road construction nears.

In short, the highway has become a key point in the battle over Bolivia’s future, and over the extent to which dreams of ecological sustainability and indigenous self-governance will become a reality. Deforestation, cultural survival, the indigenous right to self determination, and the protection of indigenous territories are all at issue. These broader concerns explain why both CIDOB and CONAMAQ are preparing to march alongside indigenous community representatives from Isiboro-Sécure, in late July or early August. For those around the world who have put hopes in the Morales government for the same reasons, now is a good time to let it know you’re watching.