Blog: Indigenous Rights
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October 27, 2015
Defenders of the Human Rights of Indigenous Peoples and the Environment: Comment on Recent Hearing At IACHR
Posted by Kiri Toki, LLM '16
Last week, a panel of Ecuadorian indigenous and mestiza women spoke at a Thematic Hearing in front of the Inter-American Commission of Human Rights (IACHR) about their struggles protecting the Amazon Rainforest. They spoke about the longstanding and continuing extractive projects that have operated in the area, and the subsequent (and escalating) abuse they have faced at the hands of the Ecuadorian Government.
When speaking about the extractive projects, one woman, Gloria Ushigua, a Sapara woman, highlighted that there had been no consultation with the local people. “There has been no consultation” she said in an answer to one of the IACHR’s questions. “We don’t know how [the Ecuadorian land acquisition process] works.”
Other women also bravely recounted the criminalization and abuse that they have suffered in the wake of the recent Quito protests. Esperanza Martinez, who works with Acción Ecológica, explained that her emails had been hacked and that she has been stigmatized. Similarly, Margoth Escobar, a defender of the Amazon for over three decades, detailed how she had been arbitrarily detained, imprisoned, and beaten while in police custody. She in fact left Ecuador illegally to attend the hearing. She felt compelled to tell the IACHR what has been taking place, even though she believed that prison awaited her upon her return to Ecuador.
Sadly, the women’s struggle to protect their environment from extractive mining practices is a familiar story for many indigenous peoples. For instance, my own people, the Maori people of Aotearoa/New Zealand, have recently protested against government proposals to allow deep-sea oil drilling to take place off New Zealand’s coasts. Like many indigenous peoples, Maori view deep-sea oil drilling to be too intrusive, and the associated environmental risks to be too great.
As it happens, the IACHR is currently preparing a report on extractive industries and indigenous peoples. During the hearing, the IACHR noted that it is seeing a pattern throughout the Americas of threats against indigenous defenders and was particularly interested in the events in Ecuador for this reason. After thanking the women for their time, the IACHR explained that it would continue to monitor the situation in Ecuador.
While we can only speculate on what that report will entail, the IACHR’s report will be of interest to indigenous peoples worldwide. We await the release of the IACHR’s report and acknowledge those who, like these women, come forward and speak to the injustices that they continue face.
This blog post was written by Kiri Toki, who is a young, indigenous woman, of Maori descent (Ngati Wai/Ngapuhi) from Aotearoa/New Zealand. She is currently an LLM student at Harvard Law School, where she is focusing on indigenous rights and international law
March 10, 2015
Posted by Tyler Giannini and Susan Farbstein
After 11 long years of litigation, plaintiffs from Somalia learned yesterday that their $21 million judgment for damages for torture and war crimes would stand. The U.S. Supreme Court declined to take the appeal of the defendant, General Mohamed Ali Samantar, a former Somali Prime Minister and Minister of Defense who was implicated in the abuses. Samantar, who now lives in Virginia, can make no additional appeals.
Beyond the victory for the plaintiffs, counsel from the Center for Justice & Accountability noted this ruling is critically important because it preserves a Fourth Circuit Court of Appeals decision that found egregious rights violations cannot be considered “official acts” shielded by sovereign immunity.
The ruling comes amidst ongoing debate about how the United States should treat high-ranking former foreign government officials who are accused of human rights abuses and are now living in the United States. The International Human Rights Clinic and its partners have been involved since 2007 in one such case, Mamani et al. v. Sánchez de Lozada and Sánchez Berzaín, which brings Alien Tort Statute claims against the former President and the former Defense Minister of Bolivia for their role in extrajudicial killings in 2003. Last Friday, the Mamani plaintiffs filed a brief with the Eleventh Circuit opposing the defendants’ appeal, which is considering the issues of exhaustion of remedies and command responsibility.
Like Samantar, the defendants in Mamani came to the United States after leaving power, and have remained in the country ever since.
September 9, 2013
Clinic and Partners Release Book Criticizing Chile for Failure to Meet International Obligations Towards Indigenous Peoples
Posted by Daniel Saver, JD '12, Skadden Fellow, Community Legal Services, East Palo Alto
Jointly with Stanford Law School, the Universidad Diego Portales, and the Universidad de Los Andes, the International Human Rights Clinic released a book today about the consultation rights of indigenous peoples in Chile. The book critiques the Chilean government’s failure to guarantee indigenous peoples’ right to free, prior, and informed consultation, an international legal obligation Chile agreed to when it ratified International Labor Organization Convention 169 in 2008. See below for the full press release in English, then in Spanish:
Chile Fails to Meet International Obligations Towards Indigenous Peoples, Human Rights Experts Find
Book by international team of human rights experts documents violations of indigenous peoples’ right to free, prior, and informed consultation
September 9, 2013, Santiago, Chile – Nearly five years after ratifying the International Labor Organization Convention 169 (“ILO 169”), Chile continues to violate indigenous peoples’ right to free, prior, and informed consultation, according to a book released today by human rights experts in the Consorcio Norte-Sur. The Consorcio is a partnership between Harvard Law School, Stanford Law School, the Universidad Diego Portales (Chile), and the Universidad de Los Andes (Colombia).
The Spanish-language book, titled “No Nos Toman en Cuenta” (“They Don’t Consider Us”), provides the most comprehensive review of the consultation rights of Chile’s indigenous people to date. The book examines several ways that the Chilean government has failed to guarantee indigenous peoples’ right to free, prior, and informed consultation, including the government’s failure to implement international norms within its domestic legal system. The book also features in-depth case studies that document specific rights violations caused by salmon farming projects in indigenous territory in the south of the country.
“Indigenous peoples’ right to free, prior, and informed consultation guaranteed by ILO 169 is intended to ensure that these historically marginalized groups are able to participate in a meaningful way in decisions that directly affect them,” said Jorge Contesse, former director of Universidad Diego Portales’ Human Rights Center, now a law professor at Rutgers School of Law-Newark. “The failure to implement this right not only violates Chile’s international legal obligations, but also perpetuates distrust between indigenous peoples and the Chilean government, fueling conflict between the two.”
The case of the salmon hatcheries studied in the book highlights this dynamic. Researchers found that often the only consultation-like procedures were conducted by private investors, who provided special benefits for select members of indigenous communities in return for their support. Community members told investigators that this impermissible abdication of the state’s obligation to consult created conflict and upset traditional leadership structures and decision-making processes.
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