Facing increasing pressure from extractive industries and the lack of recognition of indigenous peoples' ancestral rights to land and territory, the International Land Coalition Latin America and the Caribbean (ILC LAC), together with more than 25 indigenous and civil society organisations, are joining together in the campaign "Secure Indigenous Territories to Protect Life" to urgently call on States to fully implement existing international standards for the defence of indigenous territorial rights.
During the Regional Forum to launch the campaign, held on Wednesday 16 August, indigenous leaders denounced the complexities faced by their peoples, as well as the need to secure their legal security of land and respect for their own forms of governance and management of their territories. "We are not in a time of ease. In recent months we have witnessed the eviction of indigenous communities without any respect for their rights. We are also seeing legislative setbacks promoted by the governments themselves. And this is happening in the context of a climate crisis that we cannot ignore", explains Neydi Juracán, from the Comité Campesino del Altiplano (CCDA), Guatemala.
Currently, of the 404 million hectares inhabited by indigenous peoples in the region, 30% of their collective property or usufruct rights have not yet been recognised (FAO and FILAC, 2021). Likewise, between 2017 and 2021, more than 2,000 cases of communities affected by extractive industries were registered in five Latin American countries (RRI, 2022). It is this reality that leads communities to firmly protect their territories.
"In the communities of the province of Jujuy, Argentina, we are fighting to defend our rights. The provincial constitutional reform opens the doors to extractivism for the exploitation of lithium. This causes irreversible environmental damage and violates our rights to land, water and to live in a healthy environment," explains Beatriz Débora Sajama, from the Grupo Mujeres Defensoras del Habitat Natural. "We demand a Communal Property Law, in compliance with our national constitution and free, prior and informed consultation," she adds.
Meanwhile, indigenous women leaders Diocelinda Iza and Elvia Martínez of Luna Creciente, Ecuador, speaking on behalf of indigenous women fighting to defend their territories against extractivism, denounce oil exploitation in the Yasuní National Park: "It has caused the destruction of ecosystems, deforestation and pollution, as well as the criminalisation, disappearance and murder of grassroots leaders". On 20 August, a referendum will be held on Yasuní, "a historic opportunity to protect and preserve what remains of the Amazon, its biodiversity and the lives of indigenous peoples", they emphasise.
Another issue raised was the case of the Cuatro Cuencas region in the Peruvian Amazon, an indigenous territory affected by oil extractionand where communal property rights are being violated. "In Peru, the state still maintains ownership over natural resources, such as forests, which in most cases are ancestral spaces of indigenous peoples, and over which they are only granted the right to use. This puts indigenous peoples at risk because the state may not respect this right," says Henry Carhuatocto, president of the Institute for the Legal Defence of the Environment and Sustainable Development (IDLADS).
Indigenous leader Omar Jerónimo of the Central de Organizaciones Indígenas Campesinas Ch'ort'i Nuevo Día, Guatemala, also highlights the historical resistance of indigenous peoples like the Ch'ort'i, who have defended their territory for centuries against colonial and state oppression. "We are considered a violent people, but we are only resisting subjugation by the state and an institutionality that is not our own. In the last 500 years we have been invaded and attacked, but we have developed multiple strategies to secure the future of our peoples".
IMPLEMENTATION CHALLENGES OF INTERNATIONAL FRAMEWORKS
Despite the existence of several international frameworks regarding indigenous peoples' rights to land and territory, there are serious difficulties in their implementation at the national level. "We are at the crossroads of identifying the constraints that limit the implementation of these tools in our territories. The challenge lies in appropriating these tools and simultaneously developing relevant strategies in our own countries," says Tarcila Rivera, coordinator of the Enlace Continental de Mujeres Indígenas de las Américas (ECMIA).
A crucial framework is the UN Declaration on the Rights of Indigenous Peoples "We face major challenges that restrict the implementation of the Declaration, especially at the national level, where criminalisation and systematic attacks on indigenous community leaders persist. This problem is being aggravated by the proliferation of drug trafficking, climate change and the exploitation of natural resources," says Dario Mejía, President of the Permanent Forum on Indigenous Issues. "We are also seeing an increase in hate speech in the media seeking to diminish the organisational and mobilisation capacity of indigenous peoples. Protests are nothing more than the exercise of the right to participation, as these peoples are often excluded from decision-making mechanisms," he adds.
The Global Biodiversity Framework, adopted at COP15, is an international instrument that recognises the contribution and rights of indigenous peoples and local communities. "The message of this framework is not only that conservation efforts cannot infringe on the territorial rights of indigenous peoples, but also that securing indigenous territories is a way forward for conservation," explains Q'apaj Conde, from the Secretariat of the Convention on Biological Diversity (CBD).
Jesús Amadeo Martínez, Lenca indigenous leader and coordinator of the Abya Yala Indigenous Forum, says that it is necessary to coordinate efforts at the regional level "so that the rights we have won at the international level are guaranteed by national governments. We must raise our voices at all levels, because there will be no peace in our territories if our rights continue to be violated".
To conclude, Kantuta Conde, a young Aymara woman and member of the Network of Indigenous Youth of Latin America and the Caribbean (Red de Jóvenes Indígenas de AL), recalls the intergenerational dimension of the struggle, arguing that indigenous youth have the responsibility to continue the efforts of those who came before them.
The campaign "Securing indigenous territories to protect life" will be extended over the coming weeks, not only in social networks and media at regional level, but also with advocacy actions in different countries in the region. To learn more, visit https://territoriosindigenasparalavida.org/