Bolivian Congress Approves “Indigenous Justice”

June 8, 2010

Bolivia’s national congress today passed legislation that officially codifies the application of “original” or “communal” justice in indigenous communities. The measure was approved in an early morning session of the Cámara de Diputados with strong support from President Morales’s Movimiento al Socialismo (MAS) party. According to some reports, however, the law was approved with little debate and in the absence of legislators from Bolivia’s opposition parties.

Passage of the law comes only two weeks after four police officers were attacked by individuals claiming to uphold the principles of “indigenous justice.” Critics of the law, including Elizabeth Reyes of the Unidad Nacional party, argue that similar attacks are likely to occur in the future because the law does not sufficiently address when and where the application of “indigenous justice” would be permissible. Supporters contend the bill includes adequate provisions outlining when community justice could be applied.

The law will now move to the Senate for approval where it is expected to pass and MAS officials have stated their belief that the measure will be approved by President Morales by the end of this week.

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Ecuadorian Water Law Sparks Outrage from Indigenous Communities

October 23, 2009

Last month, around a thousand peasants marched and blockaded the streets of Cuenca, Ecuador, and many more came out in protests throughout the Ecuadorian Amazon, calling for the cancellation of a new water law.  If passed, the law would privatize water services, limit community and neighborhood water management, relax current measures on water contamination, and (to the great frustration of the activists) prioritize water access to private companies.  The demonstrations also came in reaction to a new mining measure, which would allow two Canadian companies—Corriente Resources Inc. and Kinross Gold Corp.—to resume gold explorations in contested areas of the Amazon where indigenous communities live.

The situation has only worsened since the beginning of October, leading to violent raids by police.  In the community of Macas, in the Southern Upano Valley, the attack left at least one confirmed dead and almost 50 injured.  President Rafael Correa has accused the leading indigenous organization, the Confederation of Indigenous Nationalities of Ecuador (CONAIE), of trying to destabilize his government with “lies.” He claims that the protesters were acting on behalf of the country's conservatives who would like to see Correa fail.

Showdowns between the people and the government over indigenous rights and natural resources are nothing new in the Andes.  But in the case of Ecuador, the current conflict over the privatization of water is bringing to mind the so-called "Water War" that erupted in Bolivia in 2000. That dispute ended in a victory for the protesters.

It all started in 1999, when a partnership between the American multinational, Bechtel, and the Bolivian government—at the suggestion of the World Bank—signed a deal to improve water supplies to the city of Cochabamba.  The move increased the cost of the service by 35 percent, to about $20 a month. (The average salary in Cochabamba remained at $100 a month.)  Then hundreds of protesters took to the streets when one of the new water executives said, "If people fail to pay their accounts, we'll cut their service." Protests continued for three weeks until the government backed down.

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Indigenous Protests in Ecuador Yield Promise of Dialogue

September 29, 2009

Posted at 3:10 p.m.

Hundreds of Indigenous people staged protests in several provinces across Ecuador on Monday, voicing concerns over what they perceive to be increased privatization of national resources. The catalyst for the protests is a bill being considered by Congress that indigenous groups say will allow transnational mining corporations to exploit water reserves close to their lands.

In northeastern Ecuador, police intervened to stop the protests, resulting in two injuries.

Leaders of the Confederation of Indigenous Nationalities of Ecuador (CONAIE), who had called for the protests two weeks ago, agreed to suspend the demonstrations Monday. Marlon Santi, president of CONAIE, confirmed Tuesday morning that his group would temporarily halt demonstrations to meet with the government of President Rafael Correa.

But Security Minister Miguel Carvajal said Tuesday that protests in some parts of the country had continued, and that the government would not meet with indigenous representatives until all demonstrations stopped. Nevertheless, the demonstrations have not reached the scale of the CONAIE-organized uprisings that contributed to the fall of President Jamil Mahuad in 2000 and Lucio Gutierrez in 2005.

The proposed water bill is widely expected to pass in the legislature, where Correa enjoys majority backing. Correa has accused indigenous leaders of misrepresenting the bill, which he maintains does not seek to privatize access to water.

Ecuadors indigenous peoples make up some 30 percent of the country's population.

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