ACTION ALERT
Bolivian Rainforests Allocated Without Indigenous Consent
8/1/99
OVERVIEW & COMMENTARY by EE
Global Response draws attention to the Bolivian Government's efforts
to pull a swifty on its own indigenous peoples, allocating over a
million hectares of primary rainforest to logging without their
consent. This includes 85 new logging concessions, 27 which are on
lands recognized under the Bolivian constitution as indigenous
territories. Please take the time to respond to this well-crafted
appeal for letters.
g.b.
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RELAYED TEXT STARTS HERE:
Title: Emergency Action / Bolivia
Source: Global Response "Quick Response Network"
P.O. Box 7490
Boulder CO, USA 80306-7490
Phone: 303/444-0306
Fax: 303/449-9794
http://www.globalresponse.org
Status: Copyright 1999, contact source for permission to reprint
Date: July 29, 1999
Dear Members of the Global Response "Quick Response Network:
We are sending you an Open Letter from Centro de Estudios Juridicos e
Investigacion Social, which translates as "Center for Legal Studies
and Social Investigation" in Bolivia (email: cejis@scbbs-bo.com).
CEJIS asks us to send letters to Bolivian government officials
(addresses below) to protest logging concessions on indigenous
people's lands. A model letter (in English and Spanish) follows the
Open Letter from Bolivia. Please take a few moments to read this
appeal and give your support to indigenous peoples and environmental
protection in Bolivia.
(Thanks to Amazon Watch for their translations of these letters, and
for forwarding us the CEJIS appeal.)
Open Letter
We bring to your attention a current case of flagrant violations of
International Labor Organization Convention 169, which was voted into
law by the Bolivian Government as Law 1257. The indigenous people of
Bolivia are suffering tremendous abuses against the rights consecrated
in this agreement, which govern these populations.
On July 31, 1997 the Forest Superintendent granted 85 new forest
concessions under a system of voluntary conversion for a period of
forty years, with the option of gaining extensions. Twenty-seven of
these concessions were imposed on indigenous territories recognized in
the Political Constitution in 1994. Since October, 1996, these
territories have been, and are currently in the process of obtaining
their property titles, and rely on an Immobilization Resolution,
promulgated by the National Institute of Agrarian Reform on July 18th,
1997.
Nevertheless, on July 31st of 1997, the Superintendent arbitrarily and
illegally granted such rights, effectively eliminating large stretches
of primary forest, which constitute zones of traditional and cultural
usage that are indispensable to the survival of the Indigenous People.
In response to this violation of our rights we submitted a petition of
challenge to the superintendent on August 29, 1997. The
superintendent denied our petition on September 12, 1997. On October
2, 1997 we proceeded by presenting our case to the SIRESE (System of
Sector Regulation); in the last instance, we submitted our petition to
the administrative track, which also denied our petition. Faced with
this situation, we found ourselves obligated to resort to the Supreme
Court of Justice, which has not yet handed down its decision.
The concessions effectively eliminate 500,000 hectares of Guarayo
territory, more than 140,000 hectares of Chiquitano de Monte Verde
territory, more than 15,000 hectares of Yaminahua Machineri Territory,
more than 17,000 hectares of Indigenous Multiethnic Territory, and
more than 28,000 hectares of Indigenous Territory and Isiboro Secure
National Park, totaling more than 700,000 hectares of Indigenous
Territory legally recognized, and today exploited by transnational
lumber businesses.
In October of 1997, a national and international resistance campaign
began, uniting institutions and organizations committed to the defense
of human rights of indigenous people, and fulfilling Agreements and
accords signed by the national government. In this manner a formal
protest was put forth before the International Labor Organization for
violations of Articles 6 and 14 of Convention 169, which was ratified
by the Bolivian Government as Law 1257 on July 11th, 1991.
Additionally, as was feared, a series of conflicts have occurred
between indigenous people and lumber concessionaires in the
territories, which have violently displaced indigenous people from
their communities and areas of traditional usage, with the support of
the police, the army, and the Superintendent of Forests itself. In
this way, they have been able to produce offers to renounce the legal
action against the concessions via fraudulent agreements, or by
directly giving money (Guarayos).
Now that you are aware of this violation of fundamental human rights,
namely, indigenous peoples' territorial rights, we are asking you to
support us in this solidarity campaign, as we face the impending
situation, given that at this time the lumber businesses are preparing
to enter our areas of traditional and cultural use again in order to
exploit our forest, which is arbitrarily being taken from us.
In this regard we point out the International Labor Organization's
response to our petition submitted in response to the violation of
Convention 169, received on April 26th of this year, which is
translated in a report from the Committee, established by the
Administrative Council to analyze the claim. The report contains
important conclusions and recommendations among which stand out: a
request for information from the Bolivian government regarding the
advances reached in practice in relation to the consultations with
petitioning villages, its participation in the granting of the
concessions, and its collection of an equitable indemnification fund
for the damages that could result from the same. In this context, it
asks the Government to apply article 15 of Convention 169 to its
fullest extent, with regards to the corresponding consultations which
should be undertaken, especially in cases in which indigenous lands
will be affected.
Additionally, it asks to be informed about the progress of restitution
in process in the Indigenous Community Lands of Origin. Finally, it
asks the claimants to inform the Committee of Experts about the
results of the challenge to the forest concessions brought before the
Supreme Court of Justice.
The recommendation of this International Organization constitutes a
fundamental judicial precedent by calling into question the granting
of concessions without consultation, violating Convention 169, which
was ratified by the National Government as Law 1257 on July 11th,
1991.
LETTERS IN SOLIDARITY MAY BE SENT TO:
GRAL. HUGO BANZER SUAREZ -
PRESIDENTE CONSTITUCIONAL DE LA REPUBLICA DE BOLIVIA (FAX 391216 - La
Paz, Bolivia)
CORTE SUPREMA DE JUSTICIA -
Dr. Oscar Hassentoifel
(064-62696 - Sucre, Bolivia)
INSTITUTO NACIONAL DE REFORMA AGRARIA (Nacional) Licencionado Ren,
Salom›n
- Director Nacional
- FAX: 378648 La Paz, Bolivia
- INRA@datacom-bo.net
INSTITUTO NACIONAL DE REFORMA AGRARIA (Departamental) Dr. Jos, Luis
Santiestevan
- Director Departamental
- FAX: 344002 Santa Cruz, Bolivia
- INRA@datacom-bo.net
VICEMINISTERIO DE ASUNTOS INDIGENAS Y PUEBLOS ORIGINARIOS (VAIPO)
(Nacional)
Licencionado Wigberto Rivero (Vice Ministro) - FAX: 02 312062
La Paz, Bolivia
- VAIPO@mail.zupernet
VICEMINISTERIO DE ASUNTOS INDIGENAS Y PUEBLOS ORIGINARIOS (VAIPO)
(Departamental)
Rafael Ch vez
(Coordinador Regional)
- FAX: 365580
Santa Cruz, Bolivia
- VAIPO@mail.zupernet
INSTITUTO NACIONAL DE REFORMA AGRARIA (TIERRAS COMUNITARIAS DE ORIGEN)
Dra. Silvia Ovando
- Responsable Nacional de Tierras comunitarias de Origen - FAX: 357735
La Paz, Bolivia
- INRA@datacom-bo.net
Model Letter:
Dear ________,
I am writing this letter to urge you to oppose the granting of
logging concessions on indigenous peoples' territory without their
consent, which violates International Labor Organization Convention
169 and the International Convention on Biological Diversity, both of
which have been ratified by the Bolivian government. These logging
concessions will jeopardize large stretches of primary forest, which
the indigenous communities depend on for their survival. Please
respect their territorial rights, and put an end to the violent
conflicts which have already occurred between indigenous people and
logging companies. I look forward to your response and your prompt
action in this matter.
Sincerely,
GLOBAL RESPONSE is an international letter-writing network of
environmental activists. In partnership with indigenous,
environmentalist and peace and justice organizations around the world,