control of water
Bolsonaro starts term with assault on indigenous
On his first day in office Jan. 2, Brazil's President Jair Bolsonaro issued a provisional measure (Medida Provisório 870) taking away responsibility for indigenous land demarcation from the indigenous affairs agency, FUNAI, and handing it over to the Agriculture Ministry. In the same decree, Bolsonaro shifted authority over regularization of quilombos (lands titled to runaway slave descendants) from the agrarian reform institute, INCRA, to the Agriculture Ministry. The measure greatly weakens FUNAI, taking away its most important function. In practice, key areas of indigenous and quilombo policy will now be in the hands of agribusiness advocates—a long-time demand of the Bancada Ruralista (agribusiness bloc) in Congress.
Fulani herders massacred in Mali
A settlement of semi-nomadic Fulani herders was attacked in Mali Jan. 1, with at least 33 residents slain and several homes set aflame. Survivors said the attackers were traditional Dogon hunters, known as dozos. The army was rushed to Koulogon village in central Mopti region to control the situation following the massacre. But the perpetrators may have actually been assisted by the armed forces. Dogon residents of the area have formed a self-defense militia, known as Dana Amassagou (which translates roughly as "hunters in God's hands"), to prevent incursions by jihadists from Mali's conflicted north into the country's central region. The militia is said to have received weapons and training from the official armed forces. However, driven by conflicts over access to land and shrinking water resources, the militia has apparently been attacking local Fulani villages. Hundreds are said to have been killed in clashes between Dogon and Fulani over the past year. A Senegalese rapid reaction force under UN command was deployed to Mopti last year in response to the mounting violence. (All India Radio, Middle East Online, Jan. 2; Al Jazeera, BBC News, Jan. 1; IRIN, Sept. 4)
Honduras: justice at last for Berta Cáceres?
A court in Honduras convicted seven men in the 2016 murder of indigenous rights activist Berta Cáceres on Nov. 29. Until her assassination on March 2, 2016, Cáceres had been leading a campaign against the Agua Zarca dam in western Honduras, a joint project by Honduran company Desarrollos Energéticos SA (DESA) and Chinese-owned Sinohydro. The dam was being built on the Rio Gualcarque without prior consultation with the Lenca indigenous community that depends on the river for their food and water. Cáceres, who won the prestigious Goldman Environmental Prize in 2015, had received numerous threats for her activism against the dam before she was killed by gunmen at her home in the town of La Esperanza. Mexican environmentalist Gustavo Castro was also shot, but he survived the attack. Two of those convicted are former DESA managers.
Brazil: Bolsonaro threatens genocide —openly
Brazil's far-right president-elect Jair Bolsonaro campaigned on a plan to privatize vast swaths of the Amazon rainforest, turning it over to agribusiness and mining. In addition, he seeks to expand hydro-power and other energy mega-projects the region. Since his election in an Oct. 28 run-off vote, Bolsonaro's team has announced that his administration will merge the ministries of agriculture and the environment into a new "super ministry" to oversee the plan. Brazil now has some 720 indigenous reserves, ranging in size from a single hectare to nearly ten million hectares. Bolsonaro has said he wants to put all of those lands—13% of Brazil's territory—on the auction block. "Minorities have to adapt to the majority, or simply disappear," he said on the campaign trail, adding that under his administration, "not one square centimeter" of Brazil will be reserved for the country's indigenous peoples.
Canada's high court deals blow to treaty rights
The Supreme Court of Canada ruled Oct. 11 that the federal government does not have a responsibility to consult with First Nations before introducing legislation, even in cases when it would impact their lands and livelihood. The 7-2 ruling in Chief Steve Courtoreille et al vs Governor in Council et al ends a challenge by the Mikisew Cree First Nation of Alberta to a 2013 reform of Canada's environmental laws by the administration of then-prime minister Stephen Harper. The reform altered the Canadian Environmental Assessment Act, the Fisheries Act, the Species at Risk Act, and the Navigable Waters Protection Act, reducing the number of projects that require environmental assessment studies and narrowing the scope of those assessments. The Mikisew Cree contended that the reform violated constitutionally-protected treaty rights of Canada's indigenous First Nations.
Guatemala: ex-VP sentenced in water scandal
Guatemala’s special anti-corruption Court for High Risk Crimes on Oct. 9 sentenced former vice president Roxana Baldetti to prison for 15 years and six months for her role in the so-called "Magic Water" scandal. The case concerned the awarding of an $18 million dollar contract to decontaminate Lake Amatitlán, an important water source for peasant communities outside the capital. The contract went to Israeli firm M. Tarcic Engineering Ltd. The company claimed it had a "special formula" that could clean the lake within months. An investigation revealed that the "formula" consisted of water, salt and chlorine. The Authority for the Sustainable Management of Lake Amatitlán (AMSA), establsihed by the government to oversee the clean-up, documented illegal dumping of agricultural and municipal waste into the Río Villalobos, which empties into the lake. The UN-backed International Commission Against Impunity in Guatemala (CICIG) supported Guatemalan prosecutors in the conspiracy case against Baldetti and 12 others. Baldetti is also accused of involvement in "La Linea" scandal, in which Guatemalan officials brought imports into the country at a discounted tariff. (Jurist, BBC News, Al Jazeera,Oct. 10; Times of Israel, Prensa Libre, El Periódico, EmisorasUnidas, Guatemala, Oct. 9; Prensa Libre, May 18)
Climate change report draws UN call for action
UN Special Rapporteur on human rights and the environment David Boyd called Oct. 8 for accelerated action to combat climate change. The statement comes after the Intergovernmental Panel on Climate Change (IPCC) released a report on the impacts of global warming of 1.5°C. Boyd said that climate change is "one of the greatest threats to human rights" and will have devastating effects on the "rights to life, health, food, housing, and water, as well as the right to a healthy environment." In order to meet human rights obligations, Boyd called on counties to exceed their Paris Agreement obligations. If the temperature is allowed to increase 2.0°C, it would result in "human rights violations upon millions of people."
Peru: Fujimori pardon revoked; struggle continues
Peru's Supreme Court of Justice on Oct. 3 overturned (PDF) the December 2017 pardon of ex-dictator Alberto Fujimori, and ordered that he be returned to prison. Human rights advocates hailed the ruling, but the ex-dictator's supporters and his politically powerful daughter, Keiko Fujimori, gathered outside his home in Lima to condemn it. "This is persecution against my family," Keiko said. Alberto himself implored President Martín Vizcarra not to return him to prison, saying his "heart would not cope." The former strongman spoke in a video address from a private clinic where he is undergoing treatment for heart disease and under police guard. Fujimori's attorney has appealed the pardon's annulment The fujimorista bloc in Congress is drafting a law to make the pardon permanent, but this is on dubious constitutional grounds and arguably violates the Inter-American Convention on Human Rights. (Jurist, Diario Uno, Oct. 6; Reuters, Oct. 4; NYT, Oct. 3)

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