Tag: TIPNIS

TIPNIS: Government to authorize not-so-prior consultation

Carwil Bjork-James1 Comment

Following the arrival of the CONISUR march in La Paz, the governing MAS party shifted its public position towards being an arbiter between indigenous groups in TIPNIS. After welcoming CONISUR march, President Evo Morales and MAS legislative leaders backed away from CONISUR’s proposal to simply revoke Law 180 protecting TIPNIS. Instead, they coalesced around a new legislative initiative: a “prior consultation” law on the issue.

Prior consultation is a fundamental principle of indigenous rights, and an important part of the environmental review process. In the case of the Villa Tunari–San Ignacio de Moxos Highway, currently under construction, consultation with indigenous communities has been anything but prior. Indeed, no consultation was pursued at all on Segments I and III of the highway, despite some complaints from the Multiethnic Indigenous Territory I, which is crossed by Segment III. Negative environmental reviews were avoided by the firing of Vice-Minister of the Environmental Juan Pablo Ramos in 2010, and the official responsible for TIPNIS in the National Protected Area Service, Vladimir Ortolini, in October 2011.

Now with Segments I, III, and a small portion of Segment II under construction, the government proposes a public consulatation with indigenous peoples inside of TIPNIS. The consultation is to be authorized under a new law, which has already passed the Senate and has been reviewed without change by the Chamber of Deputies’ Constitution Committee. The consultation will be organized by the independent electoral branch of the Bolivian government, be conducted under the norms and procedures of indigenous governance, and take place in five languages. The issues at hand are:

  • “Consideration and definition of whether the Isiboro Sécure Indigenous Territory and National Park is an intangible zone, and about the construction of the Villa Tunari – San Ignacio de Moxos highway.” Consideración y definición sobre si el Territorio Indígena y Parque Nacional Isiboro Sécure – TIPNIS, es zona intangible o no, y sobre la construcción de la carretera Villa Tunari – San Ignacio de Moxos;
  • “Consideration and decision concerning the safeguard measures for protecting the Isiboro Sécure Indigenous Territory and National Park, as well as those measures to prohibit and remove immediately illegal settlements within the demarcating line, and to determine the measures to maintain the zoning specified in the TIPNIS management plan.” Consideración y decisión sobre las medidas de salvaguarda para la protección del Territorio Indígena y Parque Nacional Isiboro Sécure – TIPNIS, así como las destinadas a la prohibición y desalojo inmediato de asentamientos ilegales, dentro de lal ínea demarcatoria, y determinar los mecanismos para mantener la zonificación establecida en el Plan de Manejo del TIPNIS.

In effect, this gives TIPNIS indigenous communities, from the Subcentral and CONISUR a round of consultation, lasting up to 120 days. There have been no statements offering to suspend construction during this time. These issues are precisely those addressed by last October’s Law 180, and agreed between the Subcentral and the government in late November. Apparently, that agreement will go unimplemented.

Evaluations of the law

The proposed consultation has been widely critiqued for its timing, which clearly is not prior to the project in question. The Andean Information Network argues that this model for consultation is “potentially viable,” but comes too late for TIPNIS where “it is improbable that this initiative will alleviate tensions or resolve protracted friction.”

The Subcentral TIPNIS and CIDOB are not impressed by this new consultation, and are preparing to re-mobilize should it pass. Yolanda Herrera, president of the Permanent Assembly for Human Rights in Bolivia; the Bolivian Forum on the Enviornment; and Adolfo Moye of the Subcentral have all spoken out against the proposed law. Human Rights Ombudsman Rolando Villena warned that the “unilateral” drafting of the law would “increase the resulting divisions within the lowland indigenous movement and affect its unity and strength, as well as [unleash] a series of probable conflicts at the national level” “aumentar los eventuales desencuentros al interior del movimiento indígena de tierras bajas y afectar su unidad y fortaleza, además de una serie de probables conflictos a nivel nacional.”

Left by the wayside again are alternate proposals for the highway route. As has been noted here before, leaving Segments I and III in their current locations makes a deforestation-inducing route through TIPNIS inevitable. However, numerous engineering groups have proposed alternate routes for a Cochabamba–Beni highway, and will do so again tonight in La Paz (webcasted, even). In the US context, where environmental impact assessment (but not prior consultation) has long been a required part of every “major Federal action” (under the National Environmental Policy Act), the presentation of genuine alternatives is the required first step for meaningful assessment. Bolivia would do well to follow that model.

Indigenous Organizations Denounce Conisur March

Carwil Bjork-James2 Comments

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

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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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International solidarity statement with Bolivian indigenous march and Isiboro Sécure

Carwil Bjork-James1 Comment

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

Carwil Bjork-James5 Comments

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.

Resolution by indigenous communities of Isiboro-Sécure rejecting Cochabamba-Beni highway

Carwil Bjork-James4 Comments

The following is a translation of the original Spanish text posted here.—C

Summary: Indigenous peoples of the Isiboro-Securé Indigenous Territory and National Park resolved in May 2010:

•    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.

•    To demand that the Government of the Plurinational State and the governments of the world act with consequence and coherence in their respect for the rights of Mother Earth and of Indigenous Peoples.

•    Declare a state of emergency and of permanent and immediate mobilization in defense of our rights, of territorial integrity, and of the rights of Mother Earth.

•    Instruct our traditional authorities and our representatives within the Plurinational State at all levels to realize all necessary actions for the defense of the rights of Mother Earth and of our rights as indigenous peoples before all national and international institutions.

complete text after the jump…Read More »