Indigenous survey tour reports broad local opposition to highway in TIPNIS

As the Bolivian government sat down with CONISUR in La Paz, there was a crucial missing party: the Subcentral TIPNIS, the titleholder to the collective lands that make up all of the Isiboro Sécure National Park and Indigenous Territory except for the colonized Polygon 7. The Bolivian government was unwilling to formally exclude the Subcentral and its national parent organization, CIDOB, but instead invited it to send representatives within 48 hours (CIDOB did offer to meet in Trinidad, in 20 days). The Subcentral’s absence from these negotiations is perhaps the most enigmatic aspect of the latest turn of this kaleidoscopic conflict, but it has a simple, practical explanation.

While CONISUR marchers advanced towards La Paz, the Subcentral TIPNIS and CIDOB were on their own tours through the communities of the National Park. One delegation headed by CIDOB President Adolfo Chávez travelled the Isiboro River; a second, headed by Subcentral President Fernando Vargas visited communities on the Ochoa River; and a third went along the Sécure River. Last week they made a preliminary report that 32 of the communities they visited were firmly against the proposed Cochabamba–Beni highway crossing through TIPNIS, three others supported the road, while Oromono and Ushve, located in the north section of the territory were divided on the issue. The Subcentral-CIDOB tours also are laying the groundwork for a new national march (CIDOB’s Ninth National March) in protest of the highway. Fernado Vargas reported that there are 31 communities left to visit, eight of which are in the colonized southern region.

The results so far refute claims by the MAS government that CIDOB and the Subcentral lack contact with base communities, and far surpass the government’s assertion that they represent just 20 of the 64 communities in TIPNIS. The logistical coordinator of last year’s march has also confirmed that residents of 64 communities participated in the long trek to La Paz, although some may have joined after the march’s departure from Trinidad due to organizational difficulties. The results are also consistent with radio-transmitted interviews with TIPNIS communities conducted by the Erbol community radio network following the passage of Law 222.

The logistics of this poll are also a reminder of the existing methods of transport inside of TIPNIS and of the pace required for a comprehensive consultation of its communities on anything. River transport is the predominant form of contact between TIPNIS communities, one which is adapted to the landscape and geographic placement of communities. While proponents of the interdepartmental road have suggested that access to health, education, and development will come from ending TIPNIS communities’ isolation, the road will not in fact reach most communities directly. Indeed, when the pro-road CONISUR marchers met with Evo Morales, [he rebuffed their requests for local branch roads] that will connect their communities to the highway, citing a lack of funds. Accessible health care and education require not a highway (which will also bring deforestation and increased narcotrafficking), but meaningful state investment in facilities that are accessible by the TIPNIS indigenous’ own highways, the rivers that flow through the Territory.

Pablo Solón speaks out for meaningful consultation on TIPNIS

Pablo Solón, Bolivia’s former Ambassador to the United Nations, has been a critical global voice on behalf of the new Bolivia. He worked to secure critical global victories like the UN General Assembly’s recognition of the human right to water and sanitation, and to advance the frameworks of harmony with nature and the rights of indigenous peoples on the global stage. When plurinational Bolivia took a principled stand challenging collective inaction and market-based pseudo-solutions in the Copenhagen and Cancún climate talks, he was the country’s most eloquent voice (see, for example, this op-ed from Cancún). His diplomacy combined the capacity for principled opposition (Bolivia stood among three dissenters in Copenhagen, and alone in Cancún) with tenacious work to build a majority (140 nations joined in backing the right to water). Solón is also committed to diplomacy among movements, supporting indigenous and environmental movements’ access to negotiations in Copenhagen, attending the US Social Forum in 2010, and co-organizing the World People’s Summit on Climate Change in Cochabamba. In September 2011, just after the police raid on the pro-TIPNIS Eighth National Indigenous March, he publicly called on Evo Morales to rethink his position on the Villa Tunari–San Ignacio de Moxos highway, arguing, “One cannot speak of defending Mother Earth and at the same time promote the construction of a road that will harm Mother Earth, doesn’t respect indigenous rights and violates human rights in an ‘unforgiveable’ way.”

Now that the TIPNIS conflict has been reframed by the government’s passage of a so-called “prior consultation” law, Solón is adding is his voice on what “consultation” should mean. (Elsewhere, he has emphasized the existence of alternate routes for the highway, as well.) The following is a complete translation of a February 13 blog post by Solón on the subject:

Last Sunday I was at Erbol [Bolivian community radio network] being interviewed by its director Andrés Gómez, and conversing about TIPNIS and the consultation. Suddenly, I said to him: “How about if I come and ‘consult’ with you about amputating your arm.”

He responded, “Ah, no! Not that!”

“And what if I tell you that only in doing that can your life be saved.”

He responded, “Well, that is different”

And I replied, “But then I have to demonstrate to you that the only alternative that would save your life is to amputate the arm”

That’s how it is,” sighed Andrés.

The construction of a highway that cuts through the heart of TIPNIS is like amputating an arm. Before proceeding to consult with you as to whether I should amputate or not, I have to demonstrate that it is the only option, that there is no other choice, that without it any integration whatsoever between Cochabamba and Trinidad is impossible, that any other alternative is riskier, not technically viable, or financially unsustainable. It’s not right for you to accept losing an an arm unless I first put all the options on the table. This is the case with TIPNIS.

They want to have a consultation without first having realized a serious analysis of the alternatives for integration by road.

The obligation that comes before any consultation whatsoever is to bring together a commission in which all participate: the TIPNIS indigenous, the representatives of Cochabamba and Beni, the national government, experts on engineering and the environment. This commission is to bring us in a reasonable period an analysis of all the possible routes for integrating Cochabamba and Trinidad by road, together with their costs, impacts on indigenous communities, and on our Mother Earth. Once we have all these alternatives, then on that basis, it is possible to conduct a responsible consultation.

There are those who say that to go alongside TIPNIS or any other option is not viable. Perhaps they are correct… but this has not been demonstrated. Therefore, what is appropriate is to analyze, without passions or caprice, all the options. The result of the study o the different options will perhaps lead us to the conclusion that there is another option, or there are various other options, and that it is not necessary to conduct a consultation to see if TIPNIS should be cut in half, or it will lead us to a consultation to decide clearly between one option or another, knowing the pros and cons of each one.

What one cannot do is to “consult” with someone as to whether their arm should be amputated or not, without showing them the other options.

Ignored options for Beni highway would protect TIPNIS

Update, March 4: The Bolivian Highway Administration’s (ABC) recent call for a “technical debate” on the highway route makes for headlines that sound like this impasse might clear. But the framing continues to exclude all of the meaningful alternatives presented here. ABC administrator José King continues to discuss alternatives for only Segment Two of the highway, between Isinuta and Monte Grande. Isinuta is on the southern boundary of the park (!). (ABC’s map with these cities is here) Of course, he can then insist that other alternatives that start from Isinuta cut through more forest than the proposed route. Meanwhile, despite eight months of demands to suspend construction, ABC continues to build Segments One and Three of the road (the pause, reported here, seem to have been resolved by mid-February). Until that construction stops, the only sensible read of the situation is that the Bolivian government has no intention of consulting the indigenous on the overall route of the road.

This map, produced by Cochabamba daily newspaper Los Tiempos, is the most important omission from the new round of debate on TIPNIS. It was reposted yesterday by Bolivia’s highly respected former Ambassador to the United Nations, Pablo Solón (@pablosolon). The map shows shows four options to the currently under-construction route that will divide the Isiboro-Sécure Indigenous Territory and National Park in half, and which is protected to accelerate deforestation in the park, leaving 64% of it deforested within 20 years.

Map of four options to the Cochabamba-Beni highway through TIPNIS

Nowhere in the recent debate has the government put these options on the table. The Prior Consultation law, formally promulgated by Evo Morales this week, does not allow a regional discussion on these other paths. Why is the government maintaining such silence? Why is it not interested in other routes? There are three possible reasons: 1. The ink is dry on a the loan-and-construction contracts with Brazil, so the government would prefer to avoid any further complications. 2. Close allies of the government in the cocalero movement will benefit from the soon-to-be-deforested land made accessible by the road, and from a second illicit export route in a way they would not from the alternate routes. 3. The government wants to illustrate that head-on opposition from grassroots groups will not change its policies on economic planning, and so is being rigidly inflexible on re-routing the road outside of TIPNIS.

Solón and TIPNIS communities have both vocally called for alternatives to be placed on the table. It remains to be seen how much mobilization will be required for this to happen.

Pablo Solon tweets for alternate route for TIPNIS highway

TIPNIS: Government to authorize not-so-prior consultation

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.

MAS campaign to reverse agreement, build highway through TIPNIS reaches legislature today

The campaign by Evo Morales’ Movement towards Socialism (MAS) party to resume construction of a controversial new highway (background: 1 2 3 wikipedia) through the protected Isiboro Securé National Park and Indigenous Territory enters a critical phase today. While a pro-highway march has just reached Caracollo (Oruro), a six-day march away from the capital, the Bolivian Plurinational Legislative Assembly will take up consideration of the march’s demands today. The march, officially led by CONISUR, an organization of indigenous people living in the southern, colonized zone of TIPNIS, has had open support of the MAS from the start. Its legitimacy has also been called into question by the national indigenous confederation CIDOB and a wide swath of Bolivian media from the right to the independent left, including the community radio network Erbol.

Erbol has an informative run-down today of the “five MAS strategies to achieve the construction of the TIPNIS highway” since it signed an agreement with the Subcentral TIPNIS, CIDOB, and CONAMAQ to shelve the project in October. These strategies are:

  • A December 9 rally in Cochabamba in support of construction, organized by the Governor’s office of Cochabamba. Work hours throughout the department were adjusted to assure attendance, and government officials spoke out about being obliged to attend.
  • The CONISUR march, begun December 19/20 at Isinuta, on the edge of TIPNIS.
  • The December 16 suspension of Beni governor Ernesto Suarez Sattori, indicted for governmental financial irregularities. Suarez had been the most prominent official in the region to criticize the project and showed a willingness to support alternate routes for the road. His successor, Haisen Ribera Leigue, is a right-wing legislator who has since been disavowed by his party for joining the MAS vote to suspend Suarez. Ribera has joined the call to annul the law protecting TIPNIS, and build the road.
  • The Plurinational Encounter to Deepen the Change, a three-part “consultation with civil society” on the part of the Bolivian executive branch, included the highway in its agenda for Cochabamba and Beni. The meeting was boycotted by the indigenous federations CIDOB and CONAMAQ as part of the fracturing of the Pact of Unity (wikipedia).
  • The effort to annul the law in the legislature, which will begin today. Eleven legislators who met with the CONISUR marchers will make their report today, after which relevant legislation will be gestated in committee. The MAS Cochabamba delegation has already pledged to support reversing the protection of TIPNIS. Senate President René Martínez claims to have a 2/3 majority in support of the iniciative, a claim that others contest in light of indigenous and Without Fear Movement legislators withdrawing from the MAS delegation.
  • Plus (not cited by Erbol): The government continues to stall on its agreement with the CIDOB and Subcentral TIPNIS to put forward official regulations for the law protecting the territory.

While no vote is expected today, the engagement of the Plurinational Legislative Assembly on the issue of reversing the protection of TIPNIS marks a culminating moment in the MAS strategy to go ahead with the road. The government continues to ignore alternate routes for connecting Cochabamba and Beni that fall outside of the indigenous territory and national park, and continues to make winning this fight a political priority. The time for environmental and indigenous rights supporters to turn their attention back to this issue is now.

About Conisur, organization of TIPNIS indigenous in the colonized areas

Update: More on the Conisur communities and coca added, based on new reporting from Erbol; see below.

The long-promised counter-march from Isiboro Sécure National Park and Indigenous Territory (TIPNIS), this time in support of the Villa Tunari–San Ignacio de Moxos highway (Wikipedia) began last Tuesday, December 20. Around 300 initial marchers began the journey from Isinuta, on the edge of the park. Reinforced by hundreds more, the marchers should reach Cochabamba tomorrow, and expect to proceed onwards to La Paz. The countermarch is headed by the members of the Indigenous Council of the South (Consejo Indígena del Sur, or Conisur), a local organization of indigenous people inside TIPNIS, but living in the southernmost part of the the territory, entirely in the department of Cochabamba.

The march is understandably surrounded with controversy, and according to the opposition-leaning/center-right Los Tiempos, a lack of public enthusiasm. But rather than attempting to dismiss this countermarch, I write here to explain it.

To understand this (counter)march, it is helpful to understand the organizational structure of TIPNIS indigenous peoples. The oldest and broadest organization in the territory is the Subcentral TIPNIS (indigenous organizations over large regions of the country are called Centrals and this is a smaller portion of a region). The Subcentral TIPNIS was founded in 1988 and received the land title to TIPNIS from Evo Morales in 2009. It pertains to the Central de Pueblos Étnicos Mojeños del Beni. The Subcentral Securé includes nearly all communities on the Securé river itself, and belongs to the Consejo de Pueblos Indígenas del Beni.

Communities in TIPNIS, Conisur highlighted
Map of communities in TIPNIS. Orange arrows signal communities affiliated with Conisur. Purple arrows signal other communities mentioned in pro-highway mobilizations.

Conisur includes most but not all communities in the southernmost part of the territory. The Indigenous and Community Conserved Areas (ICCA) database estimates Conisur’s population at 915 people and lists 14 Conisur communities: Limo del Isiboro, Santa Fe, San Juan del Isiboro, San Juan de Dios, San Benito, Sanandita, Secejsama, Fátima, San Antonio, Mercedes de Lojojota, San Juan de la Angosta, Carmen Nueva Esperanza, San Jorgito, and Puerto Pancho. Conisur affilialtes with the Coordinadora de los Pueblos del Trópico de Cochabamba (CPITCO); [La Razón reports 20 communities]. By comparison, estimates for the indigenous population of TIPNIS as a whole are around 12,500 in 64 communities. CPITCO’s website acknowledges, “CONISUR is an organization basically created and supported by the Cochabamba Prefecture, which serves it as a mechanism for channeling aid to the communities of the south and through this to defend its sovereignty over the area. [CONISUR es una organización básicamente creado y apoyado por la Prefectura de Cochabamba a la cual le sirve como mecanismo para canalizar ayuda a las comunidades del sur y de este modo defender su soberanía sobre el área.]” (The Prefecture—now the Gobernaciónor Governorate—is especially interested because the Cochabamba-Beni border inside TIPNIS is not officially demarcated.)

Map illustrating TIPNIS TCO and Polygon 7
This map shows Polygon 7, the main colonized area, in white at the bottom of TIPNIS.

The communities in Conisur are principally located inside Polygon 7, the region around Isinuta which been colonized since 1970 by outside settlers, principally coca growers. The Polygon is separated from TIPNIS by the Linea Roja (Red Line) which is meant to prevent the advance of further settlement into the park, but in practice has repeatedly been moved to allow just such settlement. Bolivia’s Fundación Tierra estimates that some 20,000 agricultural settlers live in the 100,000-hectare Polygon 7, swamping the local indigenous population whose territory they have largely deforested.

All three of the parent organizations of the TIPNIS indigenous organizations are members of CIDOB. And all three organizations joined in the May 2010 meeting of indigenous residents condemning the Villa Tunari–San Ignacio de Moxos highway. However, political opportunities, local relationships with cocaleros, and divergent economic needs have driven Conisur apart from the residents in the rest of the Isiboro Securé National Park and Indigenous Territory.

Politically, as regular readers of this blog are well aware, the highway has become a major priority of the MAS-IPSP party. MAS-IPSP has controlled the departmental government since the 2008 revocation referendum. The party began its meteoric rise in eastern Cochabamba specifically the Chapare province whose capital is Villa Tunari. Governor Edmundo Novillo has made no secret of his support for the highway, and he plays a key role in its promotion committee. Since June, numerous MAS officials including Novillo, President Evo Morales, and Vice President Álvaro García Linera have been frequent visitors to the Conisur-aligned area of TIPNIS. They’re visits have served to rally support for the highway and to put an indigenous face on a project that is being pursued in contravention of the principle of indigenous consultation.

Map of TIPNIS deforestation, 2007
Map of deforestation in TIPNIS as of 2007. Red indicates the deforested area.

Four decades of cocalero settlement have created a variety of relations between them and the indigenous inhabitants of Polygon 7. Fundación Tierra documents intermarriage and indigenous participation in the coca growers’ unions’ standard-sized plots for growing coca. However, according to press visits (like this one by La Razón), relations are not equitable. Instead, indigenous people are often dependent, landless laborers in their own land, earning around 20 Bolivianos (a bit less than US$3) to harvest a coca plot or selling their fish or wild meat to colonists for around 300 Bolivianos (~US$40) a month. Some told the newspaper the cocaleros prevent them from joining in coca planting. Others earn income by authorizing the cutting of timber, and the elimination of the forest on which their lives once depended.

Unlike those living in the intact sections of the park, the indigenous in the colonized areas have already moved from a way of living interdependent with the ecosystems of the park to one that is integrated with the national economy. Right now, they are living at the bottom of the heap in the cash economy, relying on income from the growers of the regions’ key cash crop. This goes a long way to explain why they see a shared economic interest with the coca growers in the road. They also could see both educational and economic benefits from the expansion of formal schooling in their communities. While schools do not have to follow the roads, in practice the Conisur communities are being registered for schools right now. With this registration comes the Juancito Pinto school attendance bonus, 200 Bs paid to parents per student. This new payment may have furthered aligned their interests with the departmental government and thereby the road.

Added, 2 Jan: Further reporting on indigenous coca planting comes from the Cochabamba center-left daily Opinión and the community radio network Erbol. Opinión describes three levels of involvement by indigenous residents: labor in colonists’ coca harvesting, small-scale unofficial coca planting, and membership in coca growers’ unions. Coca is a good cash crop option for those who are enmeshed in the cash economy, but disconnected from the road network: the light coca leaves can be dried, packed up, and carried to larger settlements for sale. However, only union members can sell their leaves in large, official markets, which are controlled by the union federations. Opinión profiled in particular the community of San Antonio as a coca-growing Yuracaré indigenous community. Erbol has now published quotes from an interview “four months ago” with Conisur leader Gumercindo Pradel, confirming that “five to seven” Conisur communities grow coca: “There are five to seven communities that are dedicated to planting coca and which are affiliated with the Federation of the Tropic [one of the Six Federations of cocaleros]. [Son cinco a siete comunidades que se dedican a la siembra de la coca y que están afiliadas a la Federación del Trópico.]” Since the march began, however, Pradel has insisted that Conisur communities are not coca cultivators. // end update //

Across the world, indigenous rights struggles over development projects often see the fostering or exacerbating of internal divisions by those actors who promote the project. This makes the current counter-mobilization in TIPNIS familiar, even if few expected such a divisive move from the indigenous-identified government of Evo Morales. International and Bolivian standards around free, prior, and informed consent by indigenous have a provision to avoid this problem: an insistence that the pre-existing and recognized structures of governance be the basis of indigenous consultation. While the schismatic history of TIPNIS indigenous organizations complicates this picture, the Morales government clearly recognized the Subcentral TIPNIS as the local authority over the National Park and Indigenous Territory. By changing course when the Subcentral spoke out against its highway project, the MAS government is following in the footsteps of the divide-and-conquer strategies by governments and corporations it once condemned.

TIPNIS road construction finally suspended (over money)

Nearly two months after the cross-country Eighth Grand National Indigenous March won a law prohibiting any highway project through the Isiboro Securé National Park and Indigenous Territory (TIPNIS), construction of the project has finally been suspended, but not stopped. The Brazilian contractor OAS has laid off 80 of its 800 workers, and pulled back its work camps, machinery, and work teams from areas of active construction, reports today’s Los Tiempos (Cochabamba). The layoffs were reported earlier in the Brazilian newspaper Valor (secondary coverage from the Erbol community radio network). Update: OAS now reports that it is laying off 411 additional workers, leaving just 300 on staff “for continuity” of its operations. The worker’s union reports even larger layoffs: 350 on December 14 and another 350 on December 15. (source: “Despido masivo en OAS; la ABC no halla motivos,” Los Tiempos, 15 December). Evo Morales criticized the move and the company. Further Update (January 7): The Brazilian ambassador to Brazil, Marcel Biato confirms a “slowdown” in work, but attributes it to the rainy season, rather than any monetary dispute. The ambassador mediated in the Decemeber impasse between OAS and the Bolivian government, and claims to have resolved it. [Opinión puts it this way: Biato, que había interpuesto sus buenos oficios para superar el impasse, dijo que aquello ya no es tal. ] Biato states that he expects the Bolivian government to renegotiate Segment II, but reiterates there is “no hurry” to do so.

The immediate cause of the paralysis in new work is a dispute between OAS and the Bolivian government over financing. While most of the funds (US$322 million)  for the project are being provided by the Brazilian state development bank BNDES, the Bolivian government share had been set at US$190 million. However, the Bolivian government is now offering just US$143 million, although the reasons for this are unclear.

Workers on the project have offered the Bolivian government a 48-hour deadline to resolve the issue or face mobilizations.

Map of Cochabamba-Beni highway and TIPNIS
A map from the Bolivian Highway Administration illustrating the road project from Villa Tunari to San Ignacio de Moxos. The boundaries of TIPNIS appear in yellow. Segment I ends at Insinuta, while Segment III begins at Montegrande.

The Bolivian Highway Administration (ABC) claims to be working within the mandate of Law 180 protecting TIPNIS, but has doesn’t seem to have worked out that the current route of Segments I and III essentially require a cross-TIPNIS connection. ABC official, however, have deferred the issue to Cochabamba Governor Edmundo Novillo (of the ruling MAS party) and the highway booster committee.

Engineers: Alternatives Exist

Meanwhile, the Beni Inter-Institutional Committee and the Cochabamba Association of Emeritus Engineers have worked out alternate routes. The Cochabamban engineers proposed 270- to 300-km routes east of the park or a 749-km route northwest of Cochabamba to Trinidad in Beni. They estimate a cost savings over the current project, but realizing that cost savings requires stopping construction. The Beni group came up with an additional route passing immediately west of TIPNIS.

Political conflict continues

Despite the existence of alternatives, the debate over the future of the highway continues to be a political one. The national government, the MAS party in Cochabamba, and a quasi-independent organization of indigenous in the colonized zone of TIPNIS called Conisur continue to be the heart of the pro-road effort. President Evo Morales and Vice President Álvaro García Linera continue to vocally advocate for construction on the original route. The Bolivian government is pursuing parallel, but opposed tracks on the issue: authorizing regulations protecting the park on one hand and organizing a civil society campaign to overturn these decisions.

Some members of the Villa Tunari–San Ignacio de Mojos Highway Booster Committee, however, have expressed flexibility on the route. And several prominent Bolivian grassroots forces have distanced themselves from the campaign for the road, notably the national colonizer federation (the Union Federation of Intercultural Communities of Bolivia) and peasant union founder Genaro Flores.

This week, the Pact of Unity split deepened into two separate meetings on Bolivia’s future agenda. The 1st Plurinational Forum to Deepen the Change met at Cochabamba’s Casa Campestre while CIDOB and CONAMAQ organized their own summit in Santa Cruz. Despite the best efforts of the road-through-TIPNIS campaigners, it seems that the issue will be left for regional Sub-forums to Deepen the Change. The indigenous gathering has reaffirmed defense of territorial rights, including a highway-free TIPNIS as the top of its agenda.

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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Bolivian officials on the TIPNIS highway

Here is a compendium of statements from the Evo Morales government on the proposed Villa Tunari–San Ignacio de Moxos highway, with Spanish and my English translation side-by-side. What started as a single controversy is rapidly spreading to a defining moment in the Morales presidency, and an illustration of its “paradigm of respect for Mother Earth.” The quotes grow increasingly disconcerting and the stakes get higher as officials repeatedly suggest that further expansion of extraction industries and megaprojects is on their agenda.

June 23: President Evo Morales lamented that other social movements had not persuaded the indigenous “that they are being confused, that they ought to reject the NGOs, the enemies of integration, of the national economy, of the indigenous people who lack electricity. It’s not just on the matter of the road, but also hydroelectric dams and petroleum.”…
“Some [of the indigenous people] want the road to pass through their community, but lamentably there are some NGOs, some foundations that [under] the pretext of conserving the environment want to disadvantage [others],” explained the head of state, arguing that some sectors advance other interests because “it’s a business for them, they live off of it, and they are uninterested in the road for its own sake”
También lamentó que las fuerzas sociales de Cochabamba y del Beni no coadyuven y no persuadan a los indígenas “que están siendo confundidos, que no rechacen rotundamente a las ONG, enemigos de la integración, de la economía nacional, de los pueblos indígenas que no tienen luz. No sólo es el tema del camino, sino de hidroeléctricas y petróleo”

“Algunos (indígenas) quieren que el camino pase por sus comunidades, pero lamentablemente hay algunas ONG, algunas fundaciones que so pretexto de conservar el medio ambiente quieren perjudicar”, explicó el Jefe de Estado y argumentó que algunos sectores buscan otros intereses, porque “es negocio para ellos, viven de ello, a ellos no les interesa el camino por el camino”.
(La Razón, July 13)
June 29: Evo Morales:Whether they want it or not, we are going to build this road and we are going to deliver under [my] current administration the Cochabamba-Beni/Villa Tunari-San Ignacio de Moxos road.” “Quieran o no quieran vamos construir este camino y lo vamos a entregar en esta gestión el camino Cochabamba-Beni, Villa Tunari-San Ignacio de Moxos” (Página Siete, June 30)
Evo Morales, July 12: “Those who oppose the exploration of oil or of gas, or finally the construction of roads are not my indigenous brothers, whether they are from the Chaco, from Isiboro[-Sécure] or other places. How can they oppose themselves?; I cannot understand the indigenous brothers.”  “No son mis hermanos indígenas sean del Chaco, de la zona del Isiboro o de otras zonas que se oponen a la exploración del petróleo o del gas o finalmente a la ejecución de la construcción de caminos. Cómo pueden oponerse, no puedo entender a los hermanos indígenas.” (Erbol community radio network, July 12)
July 12: José Luis Gutiérrez, Minister of Hydrocarbons and Energy, opened the possibility of oil exploration in the Isiboro Sécure National Park and Indigenous Territory, where there would be an important hydrocarbon reserve according to inhabitants of the territory itself.  El ministro de Hidrocarburos y Energía, José Luis Gutiérrez, abrió la posibilidad de realizar trabajos de exploración petrolera en el Territorio Indígena Parque Nacional Isiboro Sécure (TIPNIS), donde existiría un importante reservorio hidrocarburífero según versión de los propios habitantes de la zona. (Erbol community radio network, July 12)
Evo Morales, July 31 at a meeting of cocaleros in the Chapare: “We will consult, but they should know it will not be a binding consultation. Just because they say no, doesn’t mean it won’t be done.””You, comrades, have to explain, to orient the indigenous comrades—the mayor himself is mobilized—to convince them that must not oppose [the road]”Later, he added, “If I had the time, I would go seduce the Yuracaré female comrades [literally make them fall in love]; so then, youth, you have instructions from the president to [sexually] conquer the Trinitario and Yuracaré female comrades so that they do not oppose the construction of the road. Then he asked, “Approved?” and applause could be heard from the crowd. “Las consultas vamos a hacerlas, pero quiero que sepan que no tienen carácter vinculante. No porque ellos (los indígenas) digan no, no se va a hacer.”“Ustedes compañeras y compañeros tienen que explicar, orientar a los compañeros indígenas, el propio alcalde está movilizado, para convencerlos y que no se opongan”, dijo.Luego, agregó: “Si yo tuviera tiempo, iría a enamorar a las compañeras yuracarés y convencerlas de que no se opongan; así que, jóvenes, tienen instrucciones del Presidente de conquistar a las compañeras yuracarés trinitarias para que no se opongan a la construcción del camino”. Enseguida consultó: ¿Aprobado?” y se escucharon aplausos del público.(La Razón, August 1)
Félix Cárdenas, Vice-Minister of Decolonization, August 4: “The Bolivian people need development and this will not be the only road that will cross through protected areas, there will be many others besides, all with the goal of connecting us internationally, of exploiting our natural resources, and to have a network of communication, in all senses, with other countries.”
Cárdenas repeated that he rejects “the fundamentalism” of environmentalists and indigenous people who “think that the paradigm proposed by the MAS of respect for Mother Earth means that we must care for all of the forests and lands. If that were so, what would we eat?”
El viceministro de Descolonización, Félix Cárdenas, aseguró que “el pueblo boliviano necesita desarrollo y éste (el que divide las tierras protegidas del TIPNIS) no será el único camino que atravesará zonas protegidas, serán muchos otros más, todo con el fin de conectarnos internacionalmente, de explotar nuestros recursos y para tener una red de comunicación, en todo sentido, con los demás países”
Cárdenas repitió que se rechaza “el fundamentalismo” de ambientalistas y originarios que “piensan que el paradigma planteado por el MAS de respeto a la Madre Tierra significa que se debe cuidar todos los bosques y tierras. Si así fuera, entonces ¿qué comemos?”
(La Prensa, August 5)