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The aboriginal riots that have taken place in both countries this year have had the same motivation: the lack of consultation to the indigenous communities about bills proposed by the government.  (Photo /Seinforma)
South America is characterized by the presence of large aboriginal communities in its territory and the similarity of the events occurred in Peru and Ecuador teaches us that the worst consequence of the increasing lack of dialogue in the area is the loss of lives of the citizens who dare declaring their opposition.

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Because of the urgency to put into effect the Free Trade Agreement (FTA) with the USA, the Executive did not consult any of the eleven legislative enactments with the Multipartisan Party of the Congress established with that purpose, nor with the population in general, not even with the aboriginal communities, according to the report of the Special Rapporteur of the United Nations about the situation of the Human Rights and the main liberties of the Amerindians in Peru.

The riot lasted for about seven weeks, part of the Peruvian territory was declared in a State of Emergency and there were distressful testimonies of the events which happened in Bagua. For instance, in Servindi, a local news agency focused in aboriginal issues, registered that the police was shooting at everywhere, control was lost, there was tear gas all over around and even a mob of Amerinds attacked the police back; they pushed them into a ravine and took their guns away; the Hospital of Bagua closed its doors because they could not take any more injured people.

“The aboriginals lie”: Rafael Correa

On the other hand, in more recent events in Ecuador, more than 20,000 police officers were deployed to control indigenous demonstrations, and while they tried to restore the traffic over a bridge which had been blocked by the protesters, at least forty police officers were injured and one native died.

The bill so-called Measure of Water generated opposed opinions between Rafael Correa’s Government and the Confederation of Indigenous Nationalities of Ecuador (Conaie), an organization that alleges that the measure will allow transnational companies to swipe the water reserve in areas close to their communities.

As a consequence, since the early hours of the 27th of September, there was convocation for the mobilization of native communities which, with sticks and stones, blocked important interprovincial avenues impeding the vehicular access while other thousands marched towards Quito to demand an urgent dialogue with the President Rafael Correa.

According to declarations of the President, the indigenous want to destabilize his government with statements based on “lies” because the proposal does not intend to make the water private, and warned he will not talk to any group forcibly.

A short time later, Correa, via national radio and television broadcast, confirmed the death of a person and explained that a buckshot pellet entered through the upfront part of the victim, affecting the encephalic area and said “his death shall help us to understand each other as brothers and sisters” leaving open the doors to dialogue.

The Internal Affairs Minister Gustavo Jalkh affirmed that during the procedure to clearing the blockades they used antiriot material and there was a progressive use of the power and that despite of the efforts of the police to stop the demonstration, they were received with gun bullets.

Jalkh dismissed the police used fire weapon to clear the roads, which means that the member of the indigenous community died because of a bullet shot by someone from his own community and not by the public force.

Similitude of culture, similitude of conflict

South America is characterized by the presence of large aboriginal communities in its territory and the similarity of the events occurred in Peru and Ecuador teaches us that the worst consequence of the increasing lack of dialogue in the area is the loss of lives of the citizens who dare declaring their opposition.

If we wanted to justify the acts of violence generated by the communities as a response to the public power, it could be also easily inferred that the public power acted in response to the aggressions of the protestants, but it is important to acknowledge that these insurgences are produced due to a lack of fulfillment of the right under which the communities are protected: to be asked for an opinion on issues which may affect the future of their lands, which might be affected by the different laws supported by the government.

The constitution of the Republic of Ecuador which is about to have one year of validity, devotes the previous consultation to the indigenous communities within a reasonable time about plans related to the aboriginal non-renewable resources which may affect their collective rights: the Constitutional Chart also acknowledges the water as a human right and leaning on this set of rules the indigenous motivate their protest; however there is still not a valid system of consultation.

Finally, violence ended in Peru with the derogation of several writs and on October the 5th, 2009, the dialogue between the Ecuadorian Government and the Conaie was opened, avoiding without a doubt that the protests take more innocent lives, both indigenous and from the police force members who also have families and often are only following superior orders.

The main thing about the agreement is that it will create a joint committee to study and debate the project of Law of Water and the State promised to investigate the death of the member of the native community.

In its preface, the Declaration of the United Nations about the Rights of the Indigenous Population encourages the States to fulfill and to apply their obligations with the First Nations, especially the ones related to the human rights, in consultation and cooperation with the interested communities.

The political experience of neighbor communities must attempt to be an example for the rest: in Ecuador the indigenous demonstration lasted for a week and had one fatal victim, but why not observing the experience and avoiding another death?

Nowadays, if the dialogue had not been opened, the number of fatal victims in Ecuador would be probably larger than the ones in Peru a few months ago. It is only left to see the debate committee throwing positive results.

*Carolina Baca is a member of the Permanent Committee of Human Rights of the University of Las Americas (UDLA) in Ecuador. As a student of last year of Law Studies, she’s currently doing and internship in the Protection Unit of the United Nations High Commissioner for Refugees in Quito.

1.Amongst them it is promoted the private investment in projects of irrigation for the enlargement of the agricultural border, it creates the national system of hydric resources, and the extraordinary temporary regime of formalization and the system by which degrees and diplomas are awarded of rural buildings.

2. The aim of the Law of Water according to the third article of the bill presented to the National Committee is “to regulate the attainment, management, preservation, use and exploitation of the water, which is within the national territory in its different stages, shapes and physical states to guarantee the sumak kawsay or welfare.”

3. The Conaie participated in the insurgences which had as a result the overthrowing of the ex presidents Abdala Bucaram and Jamil Mahuad (January of 2000).

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NATIVE DEMONSTRATIONS IN PERU AND ECUADOR HAVE SIMILAR ROOTS
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12/13/09
By: Carolina Baca*/ Seinforma Correspondent


Quito.- Ecuador and Peru have faced the indigenous population protests and the use of the official power to control it in similar ways.

Around thirty three dead people and about two hundred injured, among civilians and police officers, were the result of the confrontation between the Peruvian National Direction of Special Operations (Dinoes) and aboriginals from the Amazon during the clearing of a highway blockade in Bagua, past June 7, 2009.
“The Confederation of Indigenous Nationalities of Ecuador alleges that the so-called Water Bill will allow transnational companies to swipe the water reserve in areas close to their communities.”
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