corporate rule

Peru: pending law threatens indigenous lands

Indigenous rights advocates in Peru are protesting a law being prepared by the administration of President Pedro Pablo Kuczynski (PPK) that would allow the government to abrogate the land titles of indigenous and peasant communities for development projects that are deemed "high-priority." This power, long sought by the oil and resource industries, was announced as a goal by the PPK administration shortly after taking office last year. The measure was first promulgated in January as Legislative Decree 1333, during a 90-day "honeymoon" period when Peru's Congress granted PPK special powers to enact laws by fiat, with only after-the-fact review by legislators. One of 112 decrees issued during this period, DL 1333 instituted a process entitled Access to Predios for Prioritized Investment Projects (APIP), allowing the government to "sanear" (literally, cleanse) titles to rural lands. Critics assailed this as a euphemism for arbitrary expropriation, and in May lawmakers  voted to overturn the decree. But on July 28, PPK submitted Law 1718 to Congress, essentially recapitulating the text of DL 1333—only this time, legislators will have to vote to approve it. The responsible agency for overseeing the saneamiento process—ProInversión, a division of the Ministry of Economy and Finance—says it has identified 33 projects around the country that could fall under the rubric of APIP. A watchdog on indigenous land rights, the Secure Territories for the Communities of Peru Collective, has joined with Peru's alliance of Amazonian peoples, AIDESEP, in dubbing Law 1718 the "Law of Dispossession," and calling on Congress to reject it. (AIDESEP, Sept. 12; Servindi, Sept. 3; El Comercio, Aug. 17; La Mula, Aug. 16; El Comercio, May 26; Bonds & Loans, May 22; Instituto del Bien Común)

Ecuador: protests grip Galápagos

Protests were held outside China's embassy in Quito Aug. 24 following the interception of a Chinese cargo ship with an illegal catch of endangered fish and shark species in Ecuador's Galápagos Marine Reserve. The vessel's crew of 20 went on trial the following day, and could face up to three years in prison as well as monetary penalties ranging in the millions of dollars. The controversy comes as the Galápagos Islands have seen weeks of protest over a newly instated Organic Law of Special Regime for the Province of Galapagos. The new law gives Ecuador's national government greater control over land use and wages on the popular tourist destination. It also gives the Environment Ministry the power to change the borders of Galápagos National Park. Locals say the law opens the way for foreign investment and private encroachment on the National Park, undermining local businesses and potentially devastating unique wildlife. (LAHT, Aug. 25; TeleSur, Aug. 24; Vice, June 28, Galapagos Digital, June 18)

Colombia: top court deals blow to open-pit project

Colombia's Constitutional Court on Feb. 28 ruled that "prior consultation" with local Afro-descendent and indigenous communities must be carried out before an open-pit gold mine project can move ahead at Villonza, Marmato municipality, Caldas department. The ruling made reference to the indigenous community of Cartama and the Afro-Colombian community of Asojomar, both of which are largely sustained by small-scale artisanal mininng. Under a 2007 concession, Canada-based Gran Colombia Gold Corporation was to acquire these informal claims. In 2011, Father José Reinel Restrepo, the local parish priest, was murdered after returning from Bogotá, where he had registered his objection to the project with officials. Gran Colombia Gold is meanwhile is demanding Colombia pay $700 million under terms of the Canadian free trade agreement for failure to evict the artisanal miners. (TeleSur, Radio Caracol, March 2; El Tiempo, Feb. 28; Radio Caracol, Feb. 25)

Colombia: courts uphold local power over mining

Colombia's Constitutional Court announced a decision Feb. 16 upholding the power of municipalities and "territorial entities" to block mining on their lands. The decision cited Law 685, which modified the Mining Code in 2001, bringing it into conformity with constitutional provisions on regional autonomy. (Contagio Radio, Feb. 16) The ruling clears the way for Ibagué, capital of Tolima department, to hold its planned consulta or popular vote on mining operations within the municipality, seen as model for similar votes around the country.

Trump approves pipelines, withdraws from TPP: contradiction?

President Trump on Jan. 24 signed orders giving the go-ahead for construction of the controversial Keystone XL and Dakota Access oil pipelines, which had been halted by the Obama administration. Obama's State Department rejected a permit for the Keystone XL pipeline, and the Army Corps of Engineers had ordered work halted on the Dakota pipeline after weeks of protests by Native American groups and their activist allies. In a signing statement, Trump said the Keystone XL project will mean "a lot of jobs, 28,000 construction jobs, great construction jobs." In its own statement, TransCanada, the company seeking to build Keystone XL, said it "appreciate[s] the President of the United States inviting us to re-apply for KXL. We are currently preparing the application and intend to do so."

Chiquita banana terrorism case can proceed: judge

A federal judge in Florida ruled Nov. 29 that victims of right-wing paramilitaries in Colombia may sue banana giant Chiquita Brands under US jurisdiction. Judge Kenneth Marra rejected Chiquita's argument that the case should be heard in Colombia rather than the United States, clearing the way for the ground-breaking suit to advance toward trial. The company no longer has assets in Colombia, so any damages awarded by that country's courts would be unenforceable. "Our clients chose to litigate in the United States because it is the only forum where they can litigate safely and where they can be sure that Chiquita will pay," said attorney Marco Simons of Earth Rights International (ERI).

Dakota Access CEO cheered by Trump victory

Kelcy Warren, CEO of Energy Transfer Partners—the company behind the Dakota Access Pipeline—says he is "100%" confident that Donald Trump will help the project get finished. The pipeline, connecting North Dakota's Bakken fields to a hub in Illinois, is 84% complete. But some 1,000 feet are being held up by the Obama administration in the face of unprecedented Native American protests. CBS reported the following exchange with Warren:

Fracking opponents threatened in Colombia

Leaders of a peasant community in San Martín municipality of Colombia's Cesar department say they have been threatened with legal action by oil giant ConocoPhillips for blocking roads to prevent development of a fracking site. Carlos Andrés Santiago of activist group Corporation in Defense of Water, Territory and Ecosystems (CORDATEC) said Sept. 14 that he had received threats of legal action and also of violence against his person by anonymous parties claiming to speak on behalf of ConocoPhillips. CORDATEC activists and members of Cuatro Bocas corregimiento (rural district) have been maintaining their road blockade since Sept. 7 to bar work crews from reaching the PicoPlata1 oil well. Cuatro Bocas resident say the well was permitted on their lands by the National Hydrocarbon Agency (ANH) without their consultation. Several such blockades of fracking sites are also underway in Caquetá department, despite repeated attacks by the ESMAD elite anti-riot force. (Semana, Contagio Radio, Sept. 14; Prensa Rural, Sept. 11; Contagio Radio, Sept. 5)

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