ACTION
ALERT
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WORLDWIDE
FOREST/BIODIVERSITY CAMPAIGN NEWS
Bolivian
Rainforests Allocated Without Indigenous Consent
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Forest
Networking a Project of Ecological Enterprises
http://forests.org/ -- Forest
Conservation Archives
http://forests.org/web/ -- Discuss Forest
Conservation
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,
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TEXT ENDS###
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