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)
In a press conference on July 11 representatives of Argentina's indigenous Mapuche and of indigenous communities in the Vaca Muerta region in the southwestern province of Neuquén announced plans to block the California-based Chevron Corporation from drilling for natural gas in their territories. In December 2012 Argentina's state-controlled Yacimientos Petrolíferos Fiscales (YPF) oil company signed an agreement for a $1 billion hydrofracking pilot project in the Vaca Muerta area, despite a November decision by an Argentine judge to embargo Chevron's assets in Argentina because of a $19 billion judgment against the company in Ecuador for environmental damage and injuries to the health of indigenous residents in the Amazon rainforest. YPF and Chevron are scheduled to sign an additional accord on July 15; the oil companies deny that the drilling will be on Mapuche lands.
Vladimiro Huaroc, head of Peru's National Office of Dialogue and Sustainability (ONDS), weighed in on the controversy over the country's new Prior Consultation Law June 14, in comments published in the official newspaper El Peruano. "There are many sectors that want the government to execute these actions as soon as possible, and we do not understand the trouble," he wrote. Seeming to address assertions by President Ollanta Humala that the law should not apply in the country's sierras, Huaroc invoked Peru's responsibilities under ILO Convention 169 and stated, "Probably, there are sectors that are not adequately informed" about the government's responsibilities to indigenous communities. "Prior consultation means informing the population; the Executive must do everything possible so that communities know in detail the economic processes that will be realized."
Security guards shot and seriously injured an indigenous Terena, Josiel Gabriel Alves, on June 4 when a group of about 60 protesters tried to occupy the São Sebastião estate in Sidrolandia municipality in the southern Brazilian state of Mato Grosso do Sul. Doctors said Gabriel might lose the use of his arms and legs. This was the second shooting in less than a week in an ongoing dispute over lands claimed by the Terena: Osiel Gabriel, Josiel Gabriel's cousin, was killed by federal police on May 30 at a nearby estate. The Terena have been occupying several large estates in Sidrolandia since May 15; they say the estates are on land the federal government designated as indigenous territory in 2010. The 28,000 Terena live on just 20,000 hectares in Mato Grosso. (Adital, Brazil, June 5)