The high court of Ecuador's Pastaza province on July 12 upheld a lower court ruling to protect the land rights of the Waorani indigenous people from oil drilling. The Pastaza Court of Justice rejected the Environment Ministry's appeal of the lower court decision to bar plans to open 180,000 hectares of Amazon rainforest to oil development before "prior consultation" with the Waorani is carried out. (AFP, July 12) Simultaneously, however, the Ministry approved the environmental assessment plans to drill for oil in a sensitive area of Yasuni National Park, where isolated or "uncontacted" indigenous peoples are believed to be living.
Defense lawyers for the 53 indigenous activists who were cleared of charges in the 2009 Bagua massacre were ordered to testify before a Peruvian Supreme Court magistrate June 26, as the high court's penal chamber considers a request from the government for a retrial in the case. The defendants were acquitted by a lower court in 2016 in the slaying of National Police troops in the clash at Bagua, which began when police attacked an indigenous roadblock during a protest campaign against oil and resource exploitation in the rainforest. By official figures, 33 were slain in the incident, including 10 indigenous activists. In 2017, Peru's Prosecutor General and Public Ministry called upon the Supreme Court to review the acquittals. The high court agreed to consider a retrail for the crimes of riot, illegal possession of firearms and obstruction of public services, although not homicide.
A new rupture on the disaster-plagued North Peruvian Pipeline fouled local water sources that several indigenous communities depend on in Peru's rainforest region of Loreto. The spill occurred June 19 at kilometer 227 on the pipeline, in Manseriche district, Datem del Marañón province. The government's Environmental Evaluation & Fiscalization Organism (OEFA) is overseeing recovery efforts, but the local communities of Nuevo Progreso and Saramiriza are demanding emergency potable water deliveries, saying they have been without clean water since the spill. Pipeline operator PetroPeru is blaming the rupture on "an act of delinquency" by local residents. (Gestión, EFE, June 23; InfoRegion, Gestión, June 19)
The Waorani indigenous people of the Ecuadoran Amazon won a legal victory hailed as historic April 26, as the provincial court of Pastaza Pilar Araujo blocked the opening of their traditional territories to oil exploitation. The case was brought last month by 16 Waorani communities, who charged that their right to "free, prior and informed consent," guaranteed by both Ecuador's constitution and international law, was violated when the government divided much of the province into oil exploitation blocs. One, Bloc 22, overlaps almost entirely with Waorani territory. The communities charges that technicians from the Ministry of Energy & Non-renewable Resources sent to the communities to conduct a prior consultation on the oil bloc instead attempted to bribe them with "gifts" of food and promises of education and other aid, wthout making clear that the offers were in exchange for opening the territory to oil companies. The ruling suspends auctions for Bloc 22 while the case is on appeal.
The ongoing political crisis in Peru reached a grisly climax April 17 with the suicide of two-time former president Alan García as he was being arrested, over his suspected involvement in corruption surrounding troubled Brazilian construction giant Odebrecht. The ex-president shot himself in the head after asking for a moment to be alone to call his lawyer when National Police agents showed up to detain him at his home in Lima. He died in the city's Casimiro Ulloa Hospital—apparently after suffering three heart attacks. The remains were turned over the Casa del Pueblo, headquarters of his APRA party, after his supporters took to the streets to demand the body be transfered there. Outside the Casa del Pueblo, party followers have gathered to chant "Alan no está muerto, vive con su pueblo" (Alan is not dead, he lives on wth his people). (RPP, RPP, Clarín, Jurist)
Lizardo Cauper, president of Peru's alliance of Amazonian peoples, AIDESEP, has issued an urgent call for authorities to open dialogue with indigenous communities in the northern region of Loreto rather than militarizing the area in response to mounting social conflicts and attacks on the North Peruvian Pipeline. Noting that the aging pipeline is in chronic disrepair, with repeated spills contaminating the rainforest waterways, Cauper said: "We have made a call that, in place of militarization, they put in place a new pipeline. But it is not enough to have a new pipeline, but to respond to the demands of the people who are living around these oil activities." On Feb. 7, just a week after Cauper's comments, Loreto regional authorities called upon Lima to declare a state of emergency in response to paralysis of the pipeline, which delivers crude from rainforest oilfields over the Andes to the coast.
Things are approaching a crisis point in the long battle of wills between Venezuela and the White House. Juan Guaidó, president of the opposition-controlled National Assembly, swore himself in as the country's "interim president" before a crowd of tens (by some accounts, hundreds) of thousands of supporters in Caracas on Jan. 23. Perhaps in an abortive move to pre-empt this, the SEBIN political police detained him on his way to a rally three days earlier, but later released him without charge. At his auto-inauguration, he declared President Nicolás Maduro's re-election last May illegitimate, and himself the only legitimate executive authority in the country. Donald Trump immediately announced that he is recognizing Guaidó—quickly joined by Canada and several Latin American governments.
The Supreme Court of Canada ruled Oct. 11 that the federal government does not have a responsibility to consult with First Nations before introducing legislation, even in cases when it would impact their lands and livelihood. The 7-2 ruling in Chief Steve Courtoreille et al vs Governor in Council et al ends a challenge by the Mikisew Cree First Nation of Alberta to a 2013 reform of Canada's environmental laws by the administration of then-prime minister Stephen Harper. The reform altered the Canadian Environmental Assessment Act, the Fisheries Act, the Species at Risk Act, and the Navigable Waters Protection Act, reducing the number of projects that require environmental assessment studies and narrowing the scope of those assessments. The Mikisew Cree contended that the reform violated constitutionally-protected treaty rights of Canada's indigenous First Nations.