U'wa Leaders Present Proof of Royal Land Deeds
© Rainforest Action Network, 2000
September 15, 2000
Contacts: Lauren Sullivan
Shannon Wright
Telephone: 415/398-4404
Bogota, Colombia— U'wa Indigenous leaders on Thursday presented the Colombian government with archival evidence of colonial titles from 1661 which the U'wa claim uphold their soil and subsoil rights to their ancestral territory. This legal development fundamentally challenges the legality of occidental petroleum project on U'wa land.
According to U'wa legal representative Ebaristo Tegria, the area which the U 'wa claim as their traditional homeland, including the Oxy well-site, is in fact titled to the U'wa under a 1661 ruling by the King of Spain. The "Royal Land Deed" issued by the King recognizes the pre-existing rights of indigenous people in Colombia, including their sub-surface land rights. In 1873, the Colombian government claimed all sub-surface mineral rights as property of the nation except those previously ceded by the historic Royal Land Deed law. This legal precedent has significant implications for the U'wa's current struggle with Oxy. In the past, both the Colombian Council of State and Supreme Court have repeatedly upheld the colonial law. Even Occidental itself, according to Mr. Tegria, has previously recognized and honored the law.
This groundbreaking news comes on the heels of growing concern about human rights violations on U'wa legal and ancestral territory. Roberto Perez, the President of the U'wa Tribal Council has voiced his fear that the military may carry out a violent removal of his people from the well site area in the coming days. Earlier this week, the Colombian Agrarian Reform Institute declared the 500 meter area surrounding Oxy's well-site a "petroleum reserve zone." The military in the region has repeatedly denied access to the U'wa even though the community holds legal title to two farms embracing the wellsite. According to the U'wa, the Military and the Anti-Riot Police have also threatened to forcibly displace the U'wa from their legally titled land to allow Occidental Petroleum contractors to move drilling machinery-- presently housed at a nearby military battalion-- to the drill site.
U'wa Campaign
Rainforest Action Network (RAN) works to protect the Earth's rainforests and support the rights of their inhabitants through education, grassroots organizing and non-violent direct action.