http://woborders.wordpress.com/2013/03/24/tipnis-washington/

Bringing the Fight over Bolivia’s TIPNIS Road to Washington, DC

March 24, 2013 in Bolivia<http://woborders.wordpress.com/category/bolivia-2/> |
Tags: Bolivia <http://woborders.wordpress.com/tag/bolivia/>,
CIDOB<http://woborders.wordpress.com/tag/cidob/>
, free prior and informed
consent<http://woborders.wordpress.com/tag/free-prior-and-informed-consent/>
,IACHR <http://woborders.wordpress.com/tag/iachr/>, Inter-American
Commission on Human
Rights<http://woborders.wordpress.com/tag/inter-american-commission-on-human-rights/>
, Isiboro Sécure National Park and Indigenous
Territory<http://woborders.wordpress.com/tag/isiboro-secure-national-park-and-indigenous-territory/>
, Isiboro-Sécure Indigenous Territory and National
Park<http://woborders.wordpress.com/tag/isiboro-secure-indigenous-territory-and-national-park/>
, TIPNIS <http://woborders.wordpress.com/tag/tipnis/>
BOLIVIAN INDIGENOUS LEADERS DENOUNCE HUMAN RIGHTS VIOLATIONS IN
ISIBORO-SÉCURE CASE IN WASHINGTON

(This blog post also
appears<http://amazonwatch.org/news/2013/0322-bringing-the-fight-over-bolivias-tipnis-road-to-washington-dc>
at
Amazon Watch’s *Eye on the Amazon* blog.)

Subcentral TIPNIS leader Fernando Vargas Mosua and Adolfo Chávez, president
of the Confederation of Indigenous Peoples of Bolivia (CIDOB), addressed
the Inter-American Commission on Human Rights (IACHR) on Friday, March 15.
The hour-long hearing was the culmination of a weeklong trip aimed at
putting the Isiboro Sécure situation on the hemispheric human rights
agenda. The visit came in the third year of high-profile campaign to
prevent the Bolivian government from building a highway through the
Isiboro-Sécure National Park and Indigenous Territory (TIPNIS; past
coverage<http://woborders.wordpress.com/tag/tipnis/>
).

Since their march to La Paz in
2011<http://amazonwatch.org/news/2011/1022-bolivian-indigenous-march-a-success>,
residents of TIPNIS have experienced restricted freedom of movement.
Military detachments, variously labeled an “environmental brigade,” an
anti-narcotics measure, and part of “integrating the territory under state
control,” restrict access and have hampered the activities of external
organizations. Boat fuel, the essential ingredient of mobility on the
rivers, has been tightly regulated as a “narcotics precursor.” Meanwhile
the Bolivian government backed its own parallel leadership for CIDOB and
assisted in evicting Adolfo Chávez and the rest of its elected officers
from their headquarters in Santa Cruz. Domestic and Amazon Basin-wide
indigenous organizations continue to recognize his leadership.

At the headquarters of the Organization of American States, the indigenous
representatives offered a wide-ranging presentation concerning all of the
events since the inauguration of the Villa Tunari–San Ignacio de Moxos
highway project. Adolfo Chávez introduced his compatriot and to ask that
indigenous and individual rights be protected by the IACHR. Fernando Vargas
described the territory and the project and presented the struggle of his
people as a defense of the territory, of their rights, and the natural
environment. “We cannot be accomplices,” he said, “to the destruction of
the environment and global warming.”

The leaders called the IACHR’s attention to a series of violations of the
collective and individual rights of the sixty-four indigenous communities.
Their community structures, including local traditional leaders called
corregidores and the territorial organization Subcentral TIPNIS, have been
bypassed by the government as decisions are made about the route for a
Cochabamba-Beni highway. Police officers and military troops attacked and
imprisoned hundreds of members of a pro-TIPNIS indigenous march on
September 25, 2011. Despite formal complaints and the presentation of
forensic reports on injuries to seventy protesters, the official
investigation into abuses that day remains stalled.

At the conclusion of the 2011 march, the government capitulated and passed
Law 
180<http://amazonwatch.org/news/2011/1021-bolivias-morales-abandons-amazon-jungle-highway>,
designed to permanently protect the territory as an “intangible zone.”
However, a December 2011 agreement between the government and the
indigenous communities to implement the law was never put into effect.
Instead, the government has unilaterally declared that “intangibility”
means that nearly all economic activities – including eco-tourism,
sustainable nut and cacao harvesting, and other projects previously
approved – must be suspended until the communities accept the construction
of the highway.

In 2012, the Bolivian government approved a Law 222 allowing for a
community consultation on the future of the territory. However, the terms
of this consultation were never coordinated with the local indigenous
organization, despite an order from the Plurinational Constitutional
Tribunal that the consultation would only be legal if agreed to. The
government’s consultation went ahead despite multiple institutions
complaining that it failed to meet the most basic of international
standards. The “consultation” was accompanied by the public bestowing of
gifts and development assistance that were explicitly conditioned on
acceptance of the highway. Late last year, a joint survey team led by the
Catholic Church and the Permanent Assembly for Human Rights, found that the
consultation was neither free, nor informed, nor prior – the essential
conditions of its legitimacy.

Fernando Vargas sought the Commission’s presence to clarify the facts, its
intervention to maintain in force Law 180, and its determination that the
Bolivian government’s obligations to protect the TIPNIS indigenous’
collective rights have not been met.

The Bolivian government brought a sizable delegation to the Commission, led
by Minister of Government Carlos Romero. For its part, the Bolivian
government’s presentation reviewed another version of the TIPNIS story that
focused on who should represent the interests of the indigenous community.
Most of its allotted time was given to pro-government indigenous leaders,
Melva Hurtado, Pedro Vare, Carlos Fabricano, and Gumercindo Pradel.
Respectively, they come from the parallel CIDOB leadership elected while
the 2012 indigenous march was still in La Paz, a Beni indigenous
organization, and communities on the Sécure River and in the colonized zone
of TIPNIS who are affiliated with the coca grower’s movement. . The
strategy of the government had two sides: bringing these allies to speak on
one hand, and on the other hand treating their demands as totally
independent of its campaign to promote the highway. In response, Adolfo
Chávez offered another point of view by saying that these figure’s presence
was the best illustration of the division among indigenous communities
created by the government, and of the lack of respect it has for indigenous
people’s own processes of self-government.

In his presentation, Minister Romero denied that any highway project yet
exists in TIPNIS, continuing to claim that Segment Two of the highway is
entirely independent of Segments One and Three. With the annulling of the
government’s contract with the Brazilian construction firm OAS, he said,
the project which had begun is now “merely a possible road” in the future.
Therefore, he claimed, the 2012 consultation is now a “prior consultation”
as required by international standards. He said the current government is
more indigenous than any previous one, describing the representation of
indigenous people in the national executive and legislature and the titling
of Native Community Lands like TIPNIS.

With a session of just one hour, and the lengthy presentation by the
government (finally cut short by the Commission), little time remained for
questions from the dais. But two members of the commission offered some.
What was the form of environmental impact statement generated before the
consultation process? What were the norms that regulated that consultation?
What was the specific evaluation offered by the indigenous of the likely
environmental and social impact of a highway?

The Bolivian indigenous leaders brought with them abundant documentation
ranging from their legal title to the territory to detailed
community-by-community documentation of the flawed consultation process of
the government. They extended an invitation to the Commission to visit the
territory and to take a stand on the legality of government actions over
the past two years. A full response from the Commission is expected in the
months to come.

During their trip, the indigenous leaders also aired their concerns with
the American Bar Association,  American diplomatic officials, legislators
in the House and Senate Human Rights caucuses, and Georgetown Law School.


[Non-text portions of this message have been removed]



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