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.
Peru's Supreme Court of Justice on Oct. 3 overturned (PDF) the December 2017 pardon of ex-dictator Alberto Fujimori, and ordered that he be returned to prison. Human rights advocates hailed the ruling, but the ex-dictator's supporters and his politically powerful daughter, Keiko Fujimori, gathered outside his home in Lima to condemn it. "This is persecution against my family," Keiko said. Alberto himself implored President Martín Vizcarra not to return him to prison, saying his "heart would not cope." The former strongman spoke in a video address from a private clinic where he is undergoing treatment for heart disease and under police guard. Fujimori's attorney has appealed the pardon's annulment The fujimorista bloc in Congress is drafting a law to make the pardon permanent, but this is on dubious constitutional grounds and arguably violates the Inter-American Convention on Human Rights. (Jurist, Diario Uno, Oct. 6; Reuters, Oct. 4; NYT, Oct. 3)
In Episode 17 of the CounterVortex podcast, Bill Weinberg discusses growing repression against the Tatar people of the Crimea, and the abrogation of their autonomous government by the Russian authorities since Moscow's illegal annexation of the peninsula. This is a clear parallel to violation of the territorial rights of the Lakota people in the United States through construction of the Dakota Access Pipeline, and the legal persecution of indigenous leaders who stood against it. The parallel is even clearer in the cases of the Evenks and Telengit, indigenous peoples of Siberia, resisting Russian construction of pipelines through their traditional lands. Yet the US State Department's Radio Free Europe aggressively covers the Tatar struggle, while Kremlin propaganda organ Russia Today (RT) aggressively covered the Dakota Access protests. Indigenous struggles are exploited in the propaganda game played by the rival superpowers. With the struggles of the Tsleil-Waututh people of British Columbia against the Trans Mountain Pipeline and the Red Lake Band of Ojibwe in Minnesota against the Line 3 Pipeline now heating up, it is imperative that indigenous peoples and their allies overcome the divide-and-rule game and build solidarity across borders and influence spheres. Listen on SoundCloud, and support our podcast via Patreon.
Canada's Federal Court of Appeal on Aug. 30 overturned (PDF) the government's approval of the Trans Mountain pipeline expansion. A number of groups challenged the approval, including several First Nations and two municipalities, asserting that the First Nations were not adequately consulted on the project. The court found that Canada failed "to engage, dialogue meaningfully and grapple with the concerns expressed to it in good faith by the Indigenous applicants so as to explore possible accommodation of those concerns." The court also found that the National Energy Board's review process on the project failed to include the impacts of tanker traffic releated to the pipeloine expansion. The decision stated that the "unjustified exclusion of marine shipping from the scope of the Project led to successive, unacceptable deficiencies in the Board’s report and recommendations." The government's approval of the pipeline expansion was nullified, halting construction. (Jurist)