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.
Peru is to sign a memorandum of understanding to join China's Belt & Road international infrastructure initiative, Beijing's ambassador to Lima said April 24. Ambassador Jia Guide made the announcement at a private party in Lima alongside Peru's vice president, Mercedes Araoz. The soirée came as China kicked off a three-day summit in Beijing to promote the international project, which is also known as the New Silk Road. Peru's trade minister Roger Valencia attended the Beijing summit, where he announced that a revision of Lima's Free Trade Agreement with China will be implemented next year.
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 Superior Court of Justice for Peru's rainforest region of Madre de Dios on March 12 upheld a lower court ruling that nullified mining concessions as well as the titling of agricultural properties and granting of water rights to third parties on the territory of the indigenous community of Tres Islas, without prior consultation with that community. The Regional Government of Madre de Dios (GOREMAD) is ordered to comply with the ruling, as is the National Water Authority (ANA) and the Ministry of Agriculture and Irrigation (MINAGRI). The National Police are called upon to enforce the ruling if necessary. The decision confirms a Dec. 29 ruling by Tambopata Superior Court.
The UN Climate Change Conference, officially the Conference of the Parties (COP 20) to the UN Framework Convention on Climate Change, closed its 14-day meeting in Lima, Peru, late Dec. 14, two days after its scheduled end. The 196 parties to the UNFCCC approved a draft of a new treaty, to be formally approved next year in Paris, and to take effect by 2020. An earlier draft was rejected by developing nations, who accused rich bations of dodging their responsibilities to fight climate change and pay for its impacts. Peru's environment minister, Manuel Pulgar-Vidal, who chaired the summit, told reporters: "As a text it's not perfect, but it includes the positions of the parties." Friends of the Earth's Asad Rehman took a darker view: "The only thing these talks have achieved is to reduce the chances of a fair and effective agreement to tackle climate change in Paris next year. Once again poorer nations have been bullied by the industrialized world into accepting an outcome which leaves many of their citizens facing the grim prospect of catastrophic climate change." (BBC News, ENS, Dec. 14)
Swedish police have repeatedly broken up a protest occupation by Sámi indigenous people against iron mining in a crucial reindeer herding area above the Arctic Circle. Two weeks ago, police had to dig protesters out of the ground after they buried themselves to the neck in order to shut down a road. Jokkmokk Iron Mines, subsidiary of UK-based Beowulf Mining, runs the Kallak (Gállok) site, on lands ostensibly coming under Sámi autonomous rule. Sametinget, the nascent Sámi general assembly, has issued a demand to halt all mining on Sámi lands without prior consultation. But the Swedish government does not recognize Sámi indigenous title. "The Sámi have no power to stop people coming here to exploit the land without giving anything back, not just to the local community, but also to the Swedish state," said Josefina Lundgren Skerk, chair of the Sametinget youth council.
Peru's Supreme Court ruled Aug. 16 that decrees on application of the Prior Consultation Law recently issued by the Energy and Mines Ministry are unconstitutional. The legal challenge was brought by the nongovernmental Legal Defense Institute (IDL), which argued that the Ministry's guidelines called for "informational workshops" rather than a decision-making process. The high court agreed that the guidelines failed to conform with the International Labor Organization's Convention 169, which outlines standards for the rights of indigenous peoples. Peru ratified Convention 169 in 1994. The guidelines, principally concerning oil and mineral development, are voided by the ruling. (Gestión via No a la Mina, Aug. 17; La Republica, Aug. 16)
Indigenous communities in Arauco province in Chile's central Biobío region have announced plans for a march on Aug. 2 to protest a proposal before the National Congress to extend Forestry Decree 701 for another 20 years. Community residents, who belong to the Mapuche group, Chile's largest ethnicity, say the forestry laws have allowed timber companies to take over traditional Mapuche lands starting in 1974 under the 1973-1990 dictatorship of Gen. Augusto Pinochet. The most important of these companies are Arauco (Celulosa Arauco y Constitución), largely owned by the Angelini family, and Forestal Mininco, controlled by the Matte family. According to Mapuche activists, there is little chance that the forestry proposal will be defeated, since many of the congressional candidates from Mapuche areas in the upcoming Nov. 17 elections are being financed by these two powerful families. (El Cuidadano, Chile, July 27)