(translated) Environmental activist Gustavo Castro is in danger in the community of La Esperanza, Honduras

[Not my translation, but I urge you to take action in response. Want to act immediately? Click here. —CBJ]

[March 8 update: Gustavo Castro Soto remains in Honduras, where the government has extended its order forbidding him to depart to his native Mexico for 30 more days. Gustavo’s anti-mining organization, the Movimiento M4, has a new action alert (in English here|Spanish original) urging continued pressure.  ]

Below is an action alert put out this morning, March 7, by Otros Mundos/Friends of the Earth Mexico, the organization headed by Mexican Gustavo Castro Soto, who is the sole witness to the assassination of COPINH leader Berta Caceres. (Gustavo is also co-founder and board member of Other Worlds, and coordinator of the Central American-wide anti-dam network, M4.) Gustavo was providing peace accompaniment to Berta on her last night of life; he himself was shot twice. Gustavo was immediately detained in inhumane conditions by the Honduran government for days for “questioning.” Thanks to national and international pressure, he was finally released and was accompanied by the Mexican ambassador and consul to the airport in Tegucigalpa. He was just about to go through customs when Honduran authorities tried to forcibly grab him. The Mexican government successfully intervened, and put Gustavo into protective custody in the Mexican Embassy. Now, the Honduran government has prevailed and reclaimed Gustavo, taking him back to the town of La Esperanza, where Berta lived and was killed. Gustavo is in terrible danger in Honduran custody, as what he witnessed is an impediment to the government’s attempts to pin Berta’s murder on COPINH itself.

Please take the actions requested below. Like Berta, Gustavo is a key leader to popular struggles against corporate extraction, government malfeasance, and US intervention in Mesoamerica. As Berta was, Gustavo’s life is in grave danger.

(from Otros Mundos [original here])…

BREAKING! Gustavo Castro is in danger in the community of La Esperanza, Honduras
March 7, 2016

– To the Secretary of Human Rights, Justice, Interior, and Decentralization of Honduras
– To the Secretary of Foreign Affairs of Honduras
– To the Secretary of Foreign Affairs of Mexico
– For national and international attention
– To all organizations defending human rights

At present, the Mexican environmentalist Gustavo Castro Soto, Coordinator of Other Worlds AC/Friends of the Earth Mexico, is adding to his statement in La Esperanza, Intibucá, southeastern Honduras, where he was the victim of an assassination attempt in which indigenous rights defender Berta Cáceres was murdered on March 3.

We are on HIGH ALERT because his departure from the Embassy of Mexico and transfer back to La Esperanza represent a high risk for his physical security and psychological wellbeing.

On Sunday, March 6, upon trying to leave Honduras, legally and under the protection of the Mexican Embassy in Honduras, he was arbitrarily intercepted by Honduran authorities before passing through immigration at the Tegucigalpa International Airport. They detained him under the justification that he needed to expand upon his declaration, but without notifying him of this previously.

We want to point out that Gustavo Castro in no way resisted making the full declaration that was asked of him, and he has accepted this request to expand his statement in the interest of clarifying the facts surrounding the assassination of Berta Cáceres, and to avoid the criminalization of members of COPINH.

Despite all of the requests made to ensure that this new declaration be made under proper conditions, to guarantee his physical safety and psychological well-being within the Mexican Embassy in Tegucigalpa, the General Prosecutor decided that Gustavo needed to make his statement in La Esperanza. We believe that this puts him in physical and psychological danger. We demand guarantee for Gustavo’s safety and security during the process of expanding his declaration and during his travel from the Embassy of Mexico in Tegucigalpa. We demand that the government of Honduras fulfill its promise to lift the immigration hold that prevented Gustavo Castro from immediately leaving Honduras after completing his required statement, since there is no reason to keep him in the country.

We ask everyone to act and help us demand Gustavo’s safety and security by contacting:

The Secretary of Foreign Affairs of Mexico/Secretaría de Relaciones Exteriores de México, (55) 3686 – 5100 y (55) 3686 – 5581

The National Commission on Human Rights of Mexico/Comisión Nacional de Derechos Humanos de México
(55) 56 81 81 25 |  (55) 54 90 74 00

The Secretary of Human Rights, Justice, Interior and Decentralization of Honduras/La Secretaría de Derechos Humanos, Justicia, Gobernación y Descentralización de Honduras
(504) 2232-7800 y (504) 2232-8900

Secretary of Foreign Affairs of Honduras
(504) 2236-0200 y (504) 2236-03-00

Further contacts recommended by the Center for International Environmental Law. You can also use their online solidarity letter generator.

Honduran Embassy in United States

Honduran Embassy in Canada
Fax:613 232 0193

Canadian Embassy in Honduras

US Embassy in Honduras



Indigenous voices echoed by Papal Encyclical on the environment

With the release of the Papal Encyclical on the environment, I am reminded of how indigenous peoples have been offering spiritual and practical guidance on the global ecological crisis for decades. These two statements seem particularly relevant to me:

Our cultural principles include the defense of the right to a dignified life, respect for mother earth and the environment, essential and sacred elements that we should leave as an inheritance to our children, grandchildren and their descendents. Read More »

The State of Human Rights in Bolivia: The UN View

This is an expanded and hyperlinked version of an article I contributed to Bolivia Information Forum’s News Briefing service. Please support BIF’s appeal for funds to continue its valuable work.

Bolivia’s record on human rights came up for review by the United Nations’ Human Rights Committee* during its October session. As a state party to the International Covenant on Civil and Political Rights, Bolivia submits a report on its performance every five years. The Committee looked at that report and submissions from numerous human rights organizations in drafting a series of recommendations (Concluding Observations [es] | all documents from the process). In the UN committee’s view, the state of political freedom and social equality in the country is an uneasy balance between ambitious new legislative protections and inadequate practical implementation of national and international norms.

The Bolivian government has passed new laws to guarantee rights and combat discrimination, including norms against racism and other forms of discrimination (2010), violence against women (2013), and gendered political harassment (2012). While some regional commissions on racism are operating, the regulations to protect women from violence are still pending. A law on consultation with indigenous communities is also pending. The Committee criticized Bolivia for failing to respect the right to free, prior, and informed consent on projects and laws that affect indigenous peoples and their territories.

The Committee’s strongest criticisms refer to Bolivia’s overwhelmed criminal justice system. Investigations and prosecutions are slow, while prisons are overcrowded to 230% of their capacity. Four out of five people in Bolivia’s jails are awaiting trial, and the Committee suggested that alternatives like house arrest and location monitors could see many of them released. It said that those who remain should have the right to be housed separately from convicted criminals. A government amnesty plan is underway, but progress remains slow. Delays in prosecution are also creating a situation of impunity for those responsible for racist attacks perpetrated in 2008, the murder of two women council members in 2012, and police repression at Chaparina and Mallku Khota, among others. The Committee also urged further action to combat lynchings, as well as corporal punishment carried out in the family and traditional spheres of the justice system.

The Bolivian armed forces and police were singled out in a number of observations.  A series of revelations of brutal treatment of conscripts and of beatings of prisoners have generated controversy, but there have been few successful prosecutions.  The Committee also urged opening military records from the dictatorship era (between the mid 1960s and early 1980s), and the creation of an alternative to military service for conscientious objectors.

Finally, the UN Committee urged expanded protection of rights on several fronts.  It argues that the current obligation for women seeking a legal abortion (in cases of rape, incest, and medical necessity) to get a judge’s backing contributes to maternal mortality and should be eliminated. It also urged new action to free hundreds of Guaraní families still trapped in servitude, and to criminalize violence against sexual minorities and transgender people.

* This Human Rights Committee is a body established by article 28 of the International Covenant on Civil and Political Rights.

Big Plans: Scientists, indigenous people urge new frameworks for development

Last week, a group of scientists and development experts and the Colombian indigenous confederation each urged a fundamental rethinking of the priorities for planning “development”* in the twenty-first century. The technical experts published their perspective in a commentary in the prestigious journal Nature,Sustainable development goals for people and planet,” while the National Indigenous Organization of Colombia published a report called Another Vision, Indigenous Peoples and the Millennium Development Goals. (coverage from Intercontinental Cry). Both texts are intervening in the global discussion on the next version of the Millennium Development Goals (MDGs). Outside of the United States (where this kind of international planning is treated as purely a foreign policy matter that won’t affect our future), the MDGs are taken as a general yardstick for directing aid and setting policy objectives, with goals like achieving universal access to primary school and eliminating extreme poverty that may change hundreds of millions of lives. Since I write from the USA, however, let’s pretend that this is just an intellectual discussion for how to think about the world. Even from that perspective, the scientists and the indigenous people raise some really important questions.

Read More »

Bolivia’s new Mother Earth Law to sideline indigenous rights

Bolivia, the country that became synonymous with indigenous and environmental rights on the global diplomatic stage, is about to approve a Mother Earth Law that lacks the blessing of the country’s leading indigenous organizations and undermines indigenous communities’ rights to prior consultation. Thursday (August 23), the National Council of Ayllus and Markas of Qollasuyu (CONAMAQ) publicly walked out of the Chamber of Deputies’ drafting session on the “Framework Law on Mother Earth and Integral Development for Living Well” (Ley Marco de la Madre Tierra y Desarrollo Integral para Vivir Bien).  CONAMAQ Spokesman David Crispin explained the walk out: “We in CONAMAQ dave decided to withdraw from the drafting because we do not want to be complicit, alongside the Plurinational Assembly, in building a Law of Integral Development that will damage the Pachamama/Mother Earth. nosotros del CONAMAQ hemos decidido retirarnos del tratamiento porque no queremos ser cómplices, juntamente con la Asamblea Plurinacional, en construir una Ley de Desarrollo Integral que va dañar a la Pachamama” The government had already broken off contact with the Confederation of Indigenous Peoples of Bolivia (CIDOB) and the government-backed alternate leadership of the organization does not appear to be involved in the drafting process.

Readers of the English-language press may be thoroughly confused at this point. Doesn’t Bolivia already have a Mother Earth law, the strongest in the world? Many in the international environmental community know that Bolivia that introduced the concept of the Rights of Mother Earth to the world, hosted a global conference on Climate Change and the Rights of Mother Earth [past coverage: 1|2|3] in April 2010, and passed the Law on the Rights of Mother Earth [Wikipedia] in December 2010.

What is less widely known is that the law that was passed was only a rough statement of principles—a declaratory “short law”—with no legal force behind it. Even the short law featured just 10 of the 12 principles worked out by the grassroots organizations in Bolivia’s Pact of Unity: right of indigenous people’s to freely consent to or reject megaprojects on their lands was cut at the last minute. In April 2011, Senator Julio Salazar (MAS) who is in charge of the law’s progress, declared, “Our indigenous brothers cannot block taking advantage of natural resources.”

Bus ad at Cochabamba Climate Summit'
“We, the peoples, are the voice of Mother Earth” reads a bus placard at the Cochabamba eco-summit, sponsored by the state-owned gas company YPFB.

Salazar’s position, embraced by the Evo Morales government as a whole, has been influential over the past two years. As highlighted by the TIPNIS controversy, the Bolivian government has prioritized national economic development over local indigenous choices; publicly vowed to ignore local opposition to transport, hydrocarbon, and mining projects; and backtracked from guarantees of indigenous rights to free, prior, and informed consent regarding projects on their territories. Alongside other left governments in the region, these policies tie continued mining, drilling, and pumping of natural resources to greater social spending, a combination called “neo-extractivism.” The transformation of the Law on the Rights of Mother Earth into a Law on Mother Earth and Integral Development reflects all of these trends.

The draft law (complete text), already fully approved by the Bolivian Senate, declares a governmental obligation to “Promote the industrialization of the components of Mother Earth,” while surrounding this objective with extensive promises about respecting the rights and development of indigenous nations and peoples, safety monitoring, clean technologies, and so on. In short, “Integral Development” in the proposed Bolivian law is about conditioning industrial extraction on environmental compliance (the environmental policy framework embraced throughout the West, from the Clean Air Act to the World Bank), not about rethinking the extractive model.

In a letter to Rebecca Delgado, the President of Chamber of Deputies, CONAMAQ argues:

The draft only keeps “Living Well as an alternative civilizational horizon to capitalism” and “Equilibrium with Mother Earth” by way of proclamation (i.e., propaganda). The Draft Law does not propose a change in the structural basis of the capitalist system, nor reconfiguration of the nation-state.

El proyecto solo conserva el “Vivir Bien como horizonte civilizatorio alternativo al Capitalismo” y el “Equilibrio con la Madre Tierra” de manera enunciativa (propaganda). El Proyecto de ley no propone un cambio de las bases estructurales del sistema Capitalista, ni una reconfiguración del Estado nación.

In CONAMAQ’s analysis, “‘Integral Development’ is introduced as a framework of processes and rights” that conflict with one another. The rights of Mother Earth, rights of indigenous peoples, rights of peasants, right to development, and the right to escape from poverty are all intermixed. CONAMAQ argues the law “incorporates the ‘right to development and the right to esacape from poverty’ so as to justify a developmentalist, extractive, and industrializing vision. [Incorpora el “derecho al desarrollo y el derecho a salir de la pobreza” para justificar un visión desarrollista, extractiva e industrializadora]” In my analysis (and here I’ll put my environmental policy degree on the line), combining these rights into a single mix will allow future Bolivian governments to decide on which right gets prioritized. Under the aegis of “integral development,” governments can decide to value oil revenues spent on antipoverty programs over an indigenous people’s rights to refuse drilling on their territory. (And the public statements of the Morales government make it clear they have every intent to make just that choice.)

The proposed law is also weaker than its well-known (but inoperative) predecessor on three key points:

  • Legally enforceable rights of the Earth and “life systems” — These rights are first the responsibility of the government itself, although “affected persons and collectivities” may intervene in court as well. However, these rights are limited to “the framework of Integral Development for Living Well,” limiting any ecological rights independent of the overall economic plan. In cases where a government agency and a private entity both step in to defend these rights, the case will be consolidated, perhaps making it difficult for independent critics to gain the ear of the courts. (It’s worth noting that the  original law was weaker than realized. The concept “life systems” that include human societies and ecosystems in a single interwoven package sounds intellectually innovative, but makes ecosystem protection much more complicated than a straightforward law like the US’s Endangered Species Act.)
  • Mother Earth Defender’s Office unspecified — Both the new law and the December 2010 call for the creation of a Defensoría de la Madre Tierra, equivalent in rank to the Human Rights Defender’s Office (Defensoría del Pueblo, often called the Human Rights Ombudsman). However, other than a one-year deadline, no specifics are included in the new law.
  • Indigenous free, prior, and informed consent— As expected, the new law does not explicitly recognize indigenous communities’ right to approve or reject projects on their territories, as required by the UN Declaration on the Rights of Indigenous Peoples, which Bolivia incorporated into its national laws. The term ”free, prior, and informed consultation” does appear in a subordinate clause:“Generation of the necessary conditions for the use and appropriation of the components of Mother Earth in the framework of sustainable life systems which integrally develop the social, ecological, cultural and economic aspects of the Bolivian people, taking into account the knowledge of each indigenous, native, peasant, intercultural, and Afro-Bolivian nation and people, in the framework of free, prior, and informed consultation. Generación de condiciones necesarias para el uso y aprovechamiento de los componentes de la Madre Tierra en el marco de sistemas de vida sustentables que desarrollen integralmente los aspectos sociales, ecológicos, culturales y económicos del pueblo boliviano tomando en cuenta los saberes y conocimientos de cada nación y pueblo indígena originario campesino, comunidad intercultural y afro boliviana, en el marco de la consulta previa, libre e informada.

This verbiage makes indigenous consultation into just another phase of the approval process for “using and appropriating Mother Earth.” The protections for indigenous rights and the idea of a new relationship with the Earth and its ecosystems have been shelved for now in the Bolivian legislature.