History of Natural Resource Use and Environmental Impacts in an Interfluvial Upland Forest Area in Western Amazonia
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Inter-American Court of Human Rights
INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF THE KICHWA INDIGENOUS PEOPLE OF SARAYAKU v. ECUADOR JUDGMENT OF JUNE 27, 2012 (Merits and Reparations) In the Case of Kichwa Indigenous People of Sarayaku , the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”) composed of the following judges: Diego García-Sayán, President; Manuel E. Ventura Robles, Vice-President; Leonardo A. Franco, Judge; Margarette May Macaulay, Judge; Rhadys Abreu Blondet, Judge; Alberto Pérez Pérez, Judge; Eduardo Vio Grossi, Judge ; and also present, Pablo Saavedra Alessandri, Secretary, and Emilia Segares Rodríguez, Deputy Secretary, pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”) and Articles 31, 32, 42, 65 and 67 of the Rules of Procedure of the Court 1 (hereinafter “the Rules of Procedure”), delivers this Judgment, which is structured in the following manner: 1 The Rules of Procedure approved by the Court at its Eighty-fifth Regular Period of Sessions held on November 16-28, 2009, apply in this case in accordance with the provisions of Article 79 of said Rules of Procedure. Article 79.2 of the Rules of Procedure stipulates that“[i]n cases in which the Commission has adopted a report under Article 50 of the Convention before these Rules of Procedure have come into force, the presentation of the case before the Court will be governed by Articles 33 and 34 of the Rules of Procedure previously in force. Statements shall be received with the aid of the Victim’s Legal Assistance Fund, and the dispositions of these Rules of Procedure shall apply”. -
12.2% 126,000 145M Top 1% 154 5,100
We are IntechOpen, the world’s leading publisher of Open Access books Built by scientists, for scientists 5,100 126,000 145M Open access books available International authors and editors Downloads Our authors are among the 154 TOP 1% 12.2% Countries delivered to most cited scientists Contributors from top 500 universities Selection of our books indexed in the Book Citation Index in Web of Science™ Core Collection (BKCI) Interested in publishing with us? Contact [email protected] Numbers displayed above are based on latest data collected. For more information visit www.intechopen.com Chapter Social Changes in the Peruvian Amazon Due to Foreign Influence Zoran Stiperski and Tomica Hruška Abstract The prehistoric Amazon had low numbers of hunter-gatherers due to poor soil and harsh landscape conditions, due to which it was not able to support advanced cultures. The arrival of Christian missionaries, oil companies, and farmers changed the lifestyle of a specific portion of the population, although some indigenous groups still avoid contact with the outside world. Missionaries stimulated changes in the indigenous medical-religious-political systems. In the Peruvian Amazon, the local government is too weak to carry out the usual functions of the state, and therefore oil companies have replaced the state in terms of various functions such as employment, building wells for the drinking water, healthcare, donation of electric generators, and aircraft transport of local indigenous authorities to meetings in Iquitos or Lima. The policies of the national government are turning the Peruvian Amazon into a productive area and are exploiting its natural raw materials. -
The Changing Understanding of the Huaorani Shaman's
Aleksandra Wierucka: The changing understanding of the Huaorani shaman’s art The changing understanding of the Huaorani shaman’s art Aleksandra Wierucka University of Gdansk, [email protected] Abstract The Huaorani live in the Ecuadorian part of the Amazon region. Their culture differs from others of the region in many aspects; in recent decades, it has been affected by changes that were inevitable after their official contact with Western culture in 1958. Drawing on fieldwork with an Ecuadorian Huaorani clan, this paper explores some difficulties in understanding the shaman’s practices in this small scale society. The argument is that the accounts given by the researchers during last fifty years differ from each other, and that this makes almost impossible to talk about “traditional” and “contemporary” Huaorani shamanism at present. KEYWORDS: indigenous shamanism, Amazonian culture, Huaorani Introduction Today, the meaning of the word shamanism depends on who is using the term. There are almost as many varieties of the term as there are researchers. Some of them would agree that traditional shamanism still requires research, as it is still not easy to comprehend. It is possible that in the case of traditional shamanism we should be talking about shamanisms, as they change and differ from each other. Methodology This paper explores the art of the shaman from a small community of the Huaorani1 tribe that lives in the eastern part of Ecuador. It is based on data collected during fieldwork conducted in the Huaorani group between 2007 and 2012, and on scientific literature. The data was verified by anthropological interviews and by participant as well as non- participant observations that were in turn extended by information collected from local informants and cultural experts. -
Ethical Cosmologies in Amazonia
UCLA Mester Title Ethical Cosmologies in Amazonia Permalink https://escholarship.org/uc/item/4f18z302 Journal Mester, 49(1) ISSN 0160-2764 Author Varese, Stefano Publication Date 2020 DOI 10.5070/M3491051392 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Ethical Cosmologies in Amazonia1 Stefano Varese University of California, Davis Epistemological and Ethical Premise Geological history, or the “Long Duration” perspective proposed years ago by French historian Fernand Braudel, may be the most appropriate epistemological and ethical tools to approach the study and understanding of Amazonia as a whole integrated living system co-created by millennia of interactive co-evolution of all its/her tan- gible and intangible bio-physical entities.2 In this sense, rather than using the neologism of anthropocene – with its constraining refer- ence to a late geological era defined by the onset of the Industrial Revolution and the overwhelming expansion of capitalism, I have suggested to choose a term that enlightens the joint role played by humanity and all other entities in landscaping, bio-scaping and thus ethno-scaping the tropical rainforest, the “selva”, as an anthropo- genic phenomenon, a dynamic structured production and constantly expanding reproduction of life resulting from millennia of coexistence of all the “relatives” that inhabit the world. It is with humbleness, then, that I must refer to the Kichwa people of Sarayaku, the large indigenous territory on the banks of the Bobonaza river in Ecuador and cite their words as the most appro- priate ethical definition of what Amazonia has been and still is for thousands of lineages of indigenous people living in harmony – in Sumak Kawsay – in this immense territory now threatened by neo- imperialist destruction. -
State of the World's Indigenous Peoples
5th Volume State of the World’s Indigenous Peoples Photo: Fabian Amaru Muenala Fabian Photo: Rights to Lands, Territories and Resources Acknowledgements The preparation of the State of the World’s Indigenous Peoples: Rights to Lands, Territories and Resources has been a collaborative effort. The Indigenous Peoples and Development Branch/ Secretariat of the Permanent Forum on Indigenous Issues within the Division for Inclusive Social Development of the Department of Economic and Social Affairs of the United Nations Secretariat oversaw the preparation of the publication. The thematic chapters were written by Mattias Åhrén, Cathal Doyle, Jérémie Gilbert, Naomi Lanoi Leleto, and Prabindra Shakya. Special acknowledge- ment also goes to the editor, Terri Lore, as well as the United Nations Graphic Design Unit of the Department of Global Communications. ST/ESA/375 Department of Economic and Social Affairs Division for Inclusive Social Development Indigenous Peoples and Development Branch/ Secretariat of the Permanent Forum on Indigenous Issues 5TH Volume Rights to Lands, Territories and Resources United Nations New York, 2021 Department of Economic and Social Affairs The Department of Economic and Social Affairs of the United Nations Secretariat is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it compiles, generates and analyses a wide range of economic, social and environ- mental data and information on which States Members of the United Nations draw to review common problems and to take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint courses of action to address ongoing or emerging global challenges; and (iii) it advises interested Governments on ways and means of translating policy frameworks developed in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities. -
Lessons from the Chevron Ecuador Litigation: the Proposed Intervenors’ Perspective
KIMERLING_FINAL_VOL.1.2.DOCX (DO NOT DELETE) 10/14/13 6:46 PM LESSONS FROM THE CHEVRON ECUADOR LITIGATION: THE PROPOSED INTERVENORS’ PERSPECTIVE Judith Kimerling* INTRODUCTION ....................................................................................................... 241 I. APPLICATION OF THE FORUM NON CONVENIENS DOCTRINE BY THE AGUINDA V. TEXACO COURT .............................................................................. 245 II. THE HUAORANI AND TEXACO ........................................................................... 261 III. THE LAGO AGRIO LAWSUIT AND RELATED LITIGATION ................................... 271 CONCLUSION AND LESSONS LEARNED ................................................................... 291 INTRODUCTION This symposium provides a welcome opportunity for scholars and practitioners with a wide range of perspectives to examine issues raised by the increasingly complex litigation related to Texaco’s oil extraction operations in the Amazon Rainforest in Ecuador. I have worked in the affected region since 1989, and my original research was the basis for the environmental allegations in the initial class action lawsuit that launched the ongoing litigation that has come to be known as “the Chevron-Ecuador Litigation.” That lawsuit, Aguinda v. Texaco, Inc., was filed in federal court in New York in 1993, and asserted claims on behalf of Indigenous and settler residents who have been harmed by pollution from Texaco’s Ecuador operations. I was not involved in bringing either that case or the subsequent -
Indigenous and Tribal Peoples of the Pan-Amazon Region
OAS/Ser.L/V/II. Doc. 176 29 September 2019 Original: Spanish INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Situation of Human Rights of the Indigenous and Tribal Peoples of the Pan-Amazon Region 2019 iachr.org OAS Cataloging-in-Publication Data Inter-American Commission on Human Rights. Situation of human rights of the indigenous and tribal peoples of the Pan-Amazon region : Approved by the Inter-American Commission on Human Rights on September 29, 2019. p. ; cm. (OAS. Official records ; OEA/Ser.L/V/II) ISBN 978-0-8270-6931-2 1. Indigenous peoples--Civil rights--Amazon River Region. 2. Indigenous peoples-- Legal status, laws, etc.--Amazon River Region. 3. Human rights--Amazon River Region. I. Title. II. Series. OEA/Ser.L/V/II. Doc.176/19 INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Members Esmeralda Arosemena de Troitiño Joel Hernández García Antonia Urrejola Margarette May Macaulay Francisco José Eguiguren Praeli Luis Ernesto Vargas Silva Flávia Piovesan Executive Secretary Paulo Abrão Assistant Executive Secretary for Monitoring, Promotion and Technical Cooperation María Claudia Pulido Assistant Executive Secretary for the Case, Petition and Precautionary Measure System Marisol Blanchard a.i. Chief of Staff of the Executive Secretariat of the IACHR Fernanda Dos Anjos In collaboration with: Soledad García Muñoz, Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights (ESCER) Approved by the Inter-American Commission on Human Rights on September 29, 2019 INDEX EXECUTIVE SUMMARY 11 INTRODUCTION 19 CHAPTER 1 | INTER-AMERICAN STANDARDS ON INDIGENOUS AND TRIBAL PEOPLES APPLICABLE TO THE PAN-AMAZON REGION 27 A. Inter-American Standards Applicable to Indigenous and Tribal Peoples in the Pan-Amazon Region 29 1. -
Indigenous Peoples' Right to Adequate Housing
Indigenous peoples’ right to adequate housing A global overview United Nations Housing Rights Programme Report No. 7 United Nations Human Settlements Programme (UN-HABITAT) Office of the High Commissioner for Human Rights (OHCHR) Nairobi, 2005 This publication has been reproduced without formal editing by the United Nations. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the United Nations Secretariat concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Reference to names of firms and commercial products and processes does not imply their endorsement by the United Nations, and a failure to mention a particular firm, commercial product or process is not a sign of disapproval. Excerpts from the text may be reproduced without authorization, on condition that the source is indicated. Cover design: Sukhjinder Bassan, UN-HABITAT. Cover photo credits: Miriam Lopez Villegas. Printing: UNON Printshop, Nairobi. UN-HABITAT Nairobi, 2005. HS/734/05E ISBN 92-1-131713-4 (printed version) ISBN 92-1-131522-0 (electronic version) ISBN 92-1-131664-2 (UNHRP report series, printed version) ISBN 92-1-131513-1 (UNHRP report series, electronic version) An electronic version of this publication is available for download from the UN-HABITAT web-site at (http://www.unhabitat.org/unhrp/pub). The electronic version – in compiled HTML format, allowing complex text searches – requires Microsoft Windows 98 or later; or Microsoft Windows 95 plus Microsoft Internet Explorer (version 4 or later). -
Guide to Indigenous Peoples' Rights in the Inter-American Human
1 2 GUIDE TO INDIGENOUS PEOPLES’ RIGHTS IN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM Fergus MacKay IWGIA Copenhagen 2002 3 GUIDE TO INDIGENOUS PEOPLES’ RIGHTS IN THE INTER-AMERICAN HUMAN RIGHTS SYSTEM © Copyright: The Forest Peoples Programme (FPP) and the International Work Group for Indigenous Affairs (IWGIA) Author: Fergus MacKay Editor: Lola García Alix Translation from English: Mario Di Lucci Cover and layout: Jorge Monrás Prepress and print: Eks-Skolens Trykkeri aps Copenhagen, Denmark ISBN: 87-90730-59-3 ISSN: 0105-4503 THE FOREST PEOPLES PROGRAMME (FPP) 1c Fosseway Business Centre - Strattford Road Moreton-in-Marsh, GL56 9NQ, England Tel: (+44) 1608 652983 - Fax: (+44) 1698 652878 E-mail: [email protected] INTERNATIONAL WORK GROUP FOR INDIGENOUS AFFAIRS Classensgade 11 E, DK 2100 - CopenhageN, Denmark Tel: (+45) 35 27 05 00 - Fax: (+45) 35 27 05 07 E-mail: [email protected] - www.iwgia.org 4 This guide has been produced with financial support from The Danish Ministry of Foreign Affairs 5 CONTENT Summary .............................................................................. Introduction .......................................................................... Chapter I The Organization of American States and Human Rights ............................................................. Chapter II Rights protected by Inter-American human rights instruments .................................................. A. Articles 1 and 2 of the American Convention...................... B. Other international instruments .......................................... -
Ecuador's Good Living: Crises, Discourse, And
Ecuador’s Good Living: Crises, Discourse, and Law A thesis submitted for the degree of Doctor of Politics and International Relations of Philosophy of The Australian National University Carlos Arturo Espinosa Gallegos-Anda September 2018 This is a unique and original work developed solely by Carlos Arturo Espinosa Gallegos Anda. Word Count: 110,401 © Copyright by Carlos Arturo Espinosa Gallegos Anda (2018) All Rights Reserved ii ABSTRACT Good Living was included in Ecuador’s 2008 Constitution as a result of a long-period of crises that reshaped the country’s political realm, altering centuries of citizenship regimes and the legal institutions that made them viable. Novel in character, Good Living, Sumak Kawsay or Buen Vivir would catalyze debates in various academic and civil society circles that longed for a political, social and economic alternative to the tumultuous years that proceeded the enactment of the 2008 Constitution. Through inductive theory-guided process tracing, this thesis analyses current strains of what has been labelled as statist, Indigenist and post-developmental Good Living in order to examine its origins and develop a more nuanced theoretical approach titled “critical Good Living”. Unlike its previous theoretical counterparts, Critical Good Living unites the converging forces of a retreating state, changing citizenship regimes, politicized ethnic cleavages, discursive democracy and the emergence of an empty signifier to craft a new theory from which Buen Vivir may be depicted. Contextual in nature, a product of its time and the forces that forged it, Good Living would be the end-result of a striving indigenous movement, international NGOs, a retreating state and new forms of transnational governmentality uniting to displace radical forms of civil society cohesion. -
Sarayaku People, Are Heirs to a History of Resistance and a Struggle to Uphold Our Freedom Against Colonists
1 Territories of Life • 2021 REPORT ICCA Consortium 2 “We, the Sarayaku People, are heirs to a history of resistance and a struggle to uphold our freedom against colonists, Photo: Wachachik invasions and external aggressions Sarayaku Sacha runakuna, thus establishing and putting into because we practice the concept of Sumak Kawsay: life in harmony. In 2018, exercising our autonomy and self-determination The Living Forest of the Midday People in the Ecuadorian Amazon in the General Assembly of the Kichwa Indigenous people of Sarayaku, we declared our territory to be Runakuna, Kawsak Sacha – the Living Forest: a living and Author(s):1 Pueblo Originario Kichwa de Sarayaku and Fundación ALDEA conscious being, subject of rights. descendants of the The Kawsak Sacha provides us with energy and gives jaguar, inhabitants us the air that we breathe; it is fundamental to our of the Bobonaza, worldview. The Living Forest is a being with whom the We, the Sarayaku people, also known as the Midday In our history, we have experienced the pressure of Yachakkuna (Shamans) communicate in order to receive Pastaza and People, identify ourselves as Kichwa Indigenous religious missions, the presence of rubber bosses, and transmit knowledge. This learning directs and guides people. We have approximately 1,500 inhabitants, dealings with Peruvian traders and confrontations us towards Sumak Kawsay. Kawsak Sacha is the primary Marañón basins. organised into seven communal centres: Kali with other Indigenous peoples. Despite this, we have source of Sumak Kawsay: it provides a space for living Kali, Sarayakillu, Chuntayaku, Shiwakucha, maintained traditional ways of using and managing our and for emotional, psychological, physical and spiritual Rivers which Puma, Kushillu Urku and Mawka Llakta. -
Banking on Amazon Destruction
Banking on Amazon Destruction How European and U.S. banks fund the oil and gas industry despite environmental and social risks driving the Amazon over the brink An oil barge that says “Danger, Combustible, No smoking” outside a PetroPeru operation site in the Peruvian Amazon. ©Amazon Watch CONTENTS 4 Executive Summary 64 Case study 1: Petroecuador’s big project 10 Introduction 66 Case Study 2: Gran Tierra 16 The risk of Amazon destruction in the Putumayo 16 The Amazon at a tipping point 68 Case study 3: Gunvor’s 27 The solution is exclusion legacy of corruption 27 An Amazon oil and gas exclusion 70 Annex 1: Oil and gas companies framework active in the Amazon 32 How the banks stack up 75 Annex 2: Detailed Methodology 36 The Frontrunners 37 The Contenders 39 The Followers 40 The Laggards 42 Detailed Analysis 42 Commitments, governance, and engagement 45 Managing key environmental and social risks 46 Oil expansion and its effects on the climate 48 Deforestation 51 Biodiversity loss 54 Indigenous peoples’ rights 57 Pollution 59 Corruption Credits Lead author: Additional writing: Additional research: Cover photo: Back cover: Report design: Angeline Robertson Amazon Watch Chris Kuveke Deforestation in Xingu & Kayapo, ©Amazon Watch Erika Rathje Stand.earth Research Group Brazil. ©Mídia Índia Deforestation in Xingu & Kayapo, Brazil. ©Mídia Índia environmental and social risk (ESR) policies holds up against an assessment of their and end their trade financing. As we engaged current risk exposure from their finance in dialogue with these and other banks, we and investments in the top 90 oil and gas uncovered additional issues, loopholes, and companies active in the Amazon, as well as relationships, leading us to eventually identify any related controversies.