Oxfam America

Background


INDIGENOUS RIGHTS IN SOUTH AMERICA

Groups excluded from full enjoyment of their rights based on their identity—whether indigenous people or minorities—deserve a chance to make their voices heard by policy makers.


In 1996, in western Ecuador's lowland Amazon region, Shuar and Achuar indigenous people were informed that the government had granted concession of 200,000 hectares (494,000 acres) of environmentally fragile rain forest and farm land to ARCO for oil exploration and possible drilling. Oxfam partner FIPSE (Federacion Independiente del Pueblos Shuar del Ecuador, or the Independent Federation of the Shuar People of Ecuador) asked for legal training to understand the nature of the oil industry and to learn about the potential environmental impact of such activity. FIPSE members attended a series of workshops staged by the Center for Economic and Social Rights in order to analyze the potential benefits and risks of oil production on their lands, as well as what rights they have to defend their territories. They also learned about their rights to control activities on their ancestral lands, despite the government’s right to the sub-surface oil resources.

FIPSE took ARCO to court to halt its negotiations with individual families and communities. The company offered sacks of rice and transport in its small plane to individuals and families in order to secure their support for oil operations in Shuar territory. These small gifts were leading to ad-hoc agreements and compensation amounts as low as $3,000 per community. FIPSE asked the courts to require the company to deal exclusively with FIPSE's General Assembly in its negotiations, and won.

When ARCO subsequently sold its concession to the Burlington Resources Corporation, the same standards were imposed in court on the new company. The struggle is not over. Despite the legal injunction, Burlington Resources has used similar tactics to try to create local support for its presence. Nevertheless, this was a significant victory for FIPSE and all indigenous people—it illustrates how people can understand and defend their rights, and their organizations are to be respected.