One key topic of discussion has been the right of communities to what is termed “free, prior, and informed consent.” Peru’s congress passed a bill in May 2010 requiring consultation with indigenous communities about development priorities. Five indigenous organizations worked in coalition to promote the bill, assisted by a number of allies, including Oxfam. In June, Peru’s executive branch returned the bill to congress with suggested revisions. The coalition cautions the legislature to preserve the original intent of the bill: to reduce conflicts over access to resources and indigenous lands.
Free, prior, and informed consent requires the government to allow indigenous people to participate in decisions about the type of economic development that is carried out on their lands. This right is protected by the International Labour Organisation’s Convention (known as ILO Convention 169) that Peru signed and ratified in 1993. Article 7 of ILO Convention 169 states that people have the right
to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy and otherwise use, and to exercise control…over their own economic, social and cultural development.
There is a pressing need to reduce the number of conflicts over access to resources in Peru. The country’s Ombudsman Office issued a report in July 2010 that cited 248 conflicts—125 of which were characterized as “socio-environmental.”
Indigenous groups in Peru are concerned about the future of the consultation bill. "If there is no consultation mechanism,” explains Mario Palacios, representative of CONACAMI, a national organization of communities affected by mining, conflicts will increase.
“Many conflicts originate in indigenous peoples’ territories and the consultation [law] would help to resolve them." He says that if Peru’s congress were to adopt the revisions suggested by the executive branch, the consultation law would be ineffective.
Human rights activist and attorney Hernán Coronado points out that this potential impasse is a threat to the dialogue that had developed over the last year between the Peruvian government and indigenous people. For Coronado, the executive branch’s suggested modifications would produce a law that falls short of international standards. In addition, the suggested revision to the bill would diminish the efficiency of the original standard. "It proposes consultation only when communities have legal titles for their lands; this causes problems since there is no such land register in many peasant and indigenous communities," he explains.
The members of the coalition working on the consultation bill are the Interethnic Association for Development of the Peruvian Amazon (AIEDESEP), Confederation of Amazonian Nationalities of Peru (CONAP), National Confederation of Communities Affected by Mining (CONACAMI), Peasant Confederation of Peru (CCP), and National Agrarian Confederation (CNA). The coalition awaits further discussion eagerly. Peru’s congress is expected to take up discussion of the consultation bill in the coming weeks.
]]>"Resuscitating Doha is essential to right the rigged rules of trade, but what's been simmering on the WTO stove will simply not deliver for poor countries, said Oxfam America president Raymond C. Offenheiser. "The financial crisis, which started in developed countries but is taking its worst toll on developing countries, should be the impetus for a change in course."
In a new report released today called "Empty Promises," Oxfam details how the Doha Round has become an exercise in prying open developing country markets rather than an effort to rebalance decades of unfair agricultural and industrial trade rules. In the midst of a global economic crisis, a food crisis, and a climate crisis, nations with the least blame and with the least capacity to cope with the consequent effects must not have to pay even more to enable their economies to develop, according to the report.
Over 50 million people stand to lose their jobs, remittances are collapsing, and growth in sub-Saharan Africa is predicted to fall by 70 percent this year trapping 90 million more people in poverty, because of the crisis. Food prices meanwhile remain high for poor consumers: by the end of 2008 a further 109 million people had been added to the ranks of hungry, topping 1 billion people worldwide. As the world experiences the sharpest drop in trade in 80 years, a "development" trade deal—as originally promised—remains crucial, according to Oxfam.
"Now is the time for WTO members to come back to the negotiating table, recognize that the current crisis provides an opportunity to address urgent development needs, and change the course of negotiations, much as they did nearly eight years ago in Doha," said Offenheiser. "At this time of desperate need for a change of course, the Doha Round has to step up to deliver on its development promise. There is little credit left for another failure."
The welcome political commitment from the G8 could lead to a fresh start to negotiations, but it cannot be business as usual. In the past eight years, developed countries have used the talks to continue to push to open up new export markets. Developing countries have resisted, saying they were promised a deal that would give them space to protect their farmers and new industries, an end to rich country trade-distorting agricultural subsidies, and more access to rich markets for their farmers and industries.
The widespread food price crisis has shown that food and livelihood security cannot depend solely on market forces. Development, rather than liberalization, has to be the central objective of negotiations and trade rules must respond to the needs of the most vulnerable people first and foremost, according to Oxfam. It is the responsibility of WTO member states to analyze the role of trade in the recent global crises so that the Doha negotiations take into account the new global context and contribute to a solution, rather than exacerbate the problem.
"What's on the table is no silver bullet since it continues to favor the richest and biggest farmers and industrialists in the US and Europe and sidelines the needs of the poor," said Offenheiser. "We have seen what can be done when countries find the resolve to avert problems at home, and this resolve must be translated to the multilateral trade agenda so that the much-needed conclusion of the Doha Round can be achieved in a manner that addresses developing country needs first and foremost."
]]>At least 30 people have been killed in recent weeks in violent confrontations between indigenous protestors and police. The overturn of these decrees now sets the stage for dialogue. Shortly after congress rescinded them, President Alan Garcia delivered a speech in which he said that his government should have included indigenous people in discussions about the decrees before he issued them.
The government of Peru is now initiating a commission to start a dialogue with indigenous people, and will include Oxfam's partner AIDESEP, which represents a highly diverse group of indigenous organizations from all over the Amazon region.
"Oxfam hopes this dialogue initiative will be an important first step toward lasting solutions based on indigenous peoples rights and ensuring strong environmental regulation of extractive activities in the Amazon," said Frank Boeren, Oxfam America's Deputy Director in South America.
]]>Charupá does not seem particularly worried, as he is used to the uncertainties of raising cattle. Moreover, he is confident about the long-term prospects of his community: in June of 2007, the president of Bolivia announced that the Chiquitano people had successfully completed all legal requirements to attain title to a vast area of Santa Cruz's eastern forest known as Monte Verde.
The indigenous people took advantage of an agrarian reform law passed in 1996 that allowed them to claim "original community territories" known by their Spanish initials as TCOs. The Monte Verde TCO has immense significance for the Chiquitano people. Their ancestors were moved out of Monte Verde in the 1700s by the Spanish and relocated to communities run by Jesuit priests. Chiquitanos were enslaved on haciendas and eventually forced to tap rubber trees in the early 20th century. The area near Charupá's village is part of San Antonio de Lomerío, a place of refuge for escaped slaves. Their descendents organized groups to work on the legal claim for their territory, while illegal logging decimated their forests.
It took more than a decade of hard work and sustained Oxfam support for the Chiquitano people to achieve their goal. Oxfam helped three local organizations, in Lomerío, San Javier, and the village of Monte Verde to coordinate their work and collaborate with the Center for Legal Studies and Social Research (known by its Spanish initials CEJIS) to get the technical training to gather satellite positioning data on the TCO borders and investigate 158 land claims by ranchers and other nonindigenous people trying to grab a piece of the territory. Only a small number of these claims were legitimate, and it was only through the legal support, technical data, and satellite photos gathered by the community members and CEJIS that the Chiquitanos could defend their claim from these interlopers, some of whom were using forged documents.
Violence has been a continuous threat to the Chiquitano people for the last 200 years. Individuals forced into slavery were murdered if they tried to escape, and later when the ancestors of escaped slaves in Lomerío organized to win back their territory, their leaders were intimidated and attacked. "We heard of incidents in other communities where entire families had been pulled out of their houses and hung by their wrists under trees," Juan Soqueré, leader of the indigenous Chiquitano community in San Lorenzo said.
Opposition to the land investigations and the legal process from civic committees, representing nonindigenous business and ranching interests opposed to the indigenous people, became violent. When the land investigations exposed fraudulent claims, there was a strong reaction. One of the worst incidents involved Leonardo Tamburini, now 41 and the director of CEJIS. In 2001 while investigating one fraudulent claim, he was kidnapped.
"They beat me so badly they almost killed me," Tamburini said. "They put me in a pick-up truck, and took me to the Cattlemen's Association headquarters in San Javier—which is next door to the church. They had me there for about an hour. There was a cattlemen's congress going on, and they paraded me around the patio of the restaurant, all beat up and bloody, saying 'This is what we do to the people who want to take our land away from us.'"
Tamburini refused to sign a document recognizing the cattlemen's claim to half the territory of Monte Verde, and after the mayor of San Javier intervened he was released. "They didn't accomplish what they wanted," he said.
Juan Soqueré said that gaining the legal title to Monte Verde has brought peace for the Chiquitano. "There are no more threats. And those that threatened us before have left the territory, and now we are all calm, living in peace."
There are 33 communities, comprising roughly 5,000 people living in or near the Monte Verde TCO. They are now looking to the future and envisioning the best ways to manage and enjoy the roughly 3,830 square-mile territory.
Lorenzo Charupá says such planning will be essential for the future. "We are deciding together what areas are for crops," he says. "We are setting aside areas for grazing, hunting, and to preserve trees. We have a map showing all the different areas and what we will do there. Everything has its place."
José Luis Rivera, president of the indigenous organization of San Javier, says they have several ways of making more money:
With the legal title in hand, the community has the confidence to make proposals to development organizations that might have otherwise been reluctant to support agricultural projects on lands the community did not legally own. "These institutions will have no doubt we can do these projects on our own land," Rivera says. "We have the right to our land and can respect our culture."
Outside Rivera's temporary office, his compañeros are building a new office to replace the one burned down by thugs last December. The walls are up, and the smell of sawdust mixes with the wood smoke and cooking scents from a nearby restaurant. Pablo Solis Chuviru, 57, is looking at the new building and reflecting on the struggle to gain the legal title to Monte Verde and what it means for the future for his small village, Turuxnapez, which means "Heaven's Door" in the local Bésiro language. "I hope we can hunt and fish, and use our trees in an orderly way," he says, resting in a chair in the winter sun. "Now we are using a forest management plan so that our children will benefit from the forest. This is the future for them; they can see the fight we won. For them it is a treasure."
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