[News] Argentina - Over 1500 indigenous communities in danger of losing their land
Anti-Imperialist News
news at freedomarchives.org
Tue Sep 19 10:20:20 EDT 2017
https://intercontinentalcry.org/argentina-1500-indigenous-danger-losing-land/
Over 1500 indigenous communities in danger of losing their land
by Sebastián Ortega, September 18, 2017
------------------------------------------------------------------------
Argentina's Indigenous Territorial Emergency Law expires in November.
More 1500 communities could be affected
/Argentina's Indigenous Territorial Emergency Law, which restrains legal
evictions and prevents native communities from losing their ancestral
lands, expires in November. There are over 1500 communities in danger./
Each winter, with the first frost, the shepherds of the Suyay Leufu
/Lof/ (the basic social organization of the Mapuche, Huilliche and
Picunche peoples) of Los Molles, in Mendoza, descend from the mountain
range, herding goats towards the fields in the plains. The community has
inhabited these lands for many generations; but, they lack title deeds.
A group of businessmen claim this land as their own.
In May of this year, the Mapuche managed to stop a court-ordered
eviction relying on the protection afforded by the Indigenous
Territorial Emergency Law
<http://servicios.infoleg.gob.ar/infolegInternet/anexos/120000-124999/122499/norma.htm>,
which suspends eviction proceedings and establishes the territorial
survey of more than 1,500 communities across Argentina. The period of
validity of the Law expires on November 23, 2017. If it is not extended,
many of these communities will be left unprotected and many could lose
the lands where they have been living since time immemorial.
Two weeks ago, the conflict of the Suyay Leufu /Lof/ reached Buenos
Aires television. That was 22 days after the “disappearance” of Santiago
Maldonado in the midst of the repression by the /Gendarmería /of the
Mapuche in Chubut. TV host Eduardo Feinmann interviewed businesswoman
Rosita Aldao, who accused native families of forming an "armed
organization". "RAM seizes land in Malargüe", said the graph on the
screen (RAM is the acronym for Ancestral Mapuche Resistance, an alleged
guerrilla group operating in Argentina and Chile), while Feinmann
accused the Mapuche of being "terrorists" and "usurpers."
The media offensive is intended to establish a relation between
indigenous peoples and "extremist" armed organizations (as /Clarín/, the
largest newspaper in Argentina, published on its front page on August
28), using scarcely credible accusations, such as that they are being
"logistically supported by the Colombian FARC and Kurdish extremist
groups in Turkey
<https://www.clarin.com/opinion/grupo-militantes-sensibles-toda-cuota-violencia_0_BkUu1ER_Z.html>”.
The demonization of indigenous communities is the prelude to the
discussion of whether or not to extend the Indigenous Territorial
Emergency Law and paves the way for the deployment of security forces
into territories that are being claimed by big entrepreneurs, such as
Italy’s Luciano Benetton and England’s Joe Lewis.
"Argentina’s National Constitution is a very good framework, but leaves
enormous legal insecurity for the recognition of legal territory of
indigenous communities," says Paola García Rey, director of Human Rights
Protection and Promotion at Amnesty International. "The violent
indigenous who wants to occupy half of Argentina is not real.
Stigmatization and persecution are spreading, putting into question the
legitimacy of the indigenous claim in general", she adds.
An emergency law
Law 26.160 was passed at the end of 2006 and granted a period of 4 years
to survey the native peoples’ territories throughout the country. The
deadline was extended in 2009 and again in 2013. In these eleven years
the survey of 759 of the 1.532 identified communities began. Of these
759 communities, the National Institute of Indian Affairs (INAI)
considers that the surveys of 459 communities have been "completed".
That at is to say: the “current, traditional and public occupation" of
these 459 communities has been officially recognized.
Although the Law makes no provision for securing the land, this
resolution is an essential step to move in that direction. "The survey
amounts to a recognition by the State that a territory is inhabited by a
community. If the period of validity of the Law is not extended, the
territories which have so far been left out of the survey will be
exposed to possible evictions”, explains Luna Miguens, coordinator of
the economic, social and cultural rights area of the Center for Legal
and Social Studies (CELS).
On August 9, International Day of the World’s Indigenous Peoples,
Amnesty International, CELS and 15 other organizations launched a
campaign demanding the Argentine National Congress to extend Law 26.160
until November 2021. According to Amnesty International, "60% of the
communities registered by the INAI will be left adrift if the Law is not
extended and the possibility of their territory being surveyed will be
cut short. The expiration of this Law would leave communities
unprotected against the possibility of being evicted".
Vaca Muerta
The dispute over land between corporations and communities extends
across the country. The territory that the Mapuche Campo Maripe /Lof
/inhabited in Loma Campana, Neuquén, in 1927, was turned into corporate
booty in 2011, when YPF-Repsol announced its desire to exploit the Vaca
Muerta oil fields. The community had not been surveyed under Law 26.160.
In July 2013, the Mapuche occupied two oil rigs and forced a dialogue
with YPF and the government of Neuquén. The company promised to start a
development plan for the community and the province agreed to carry out
the survey of the lands. According to the community, none of these
agreements have materialized.
One night in September 2016 a caravan of carrier trucks, impact hammers
and vehicles carrying explosives entered the territory. The company
Tecpetrol, a contractor of YPF-Chevron, intended to carry out a "seismic
exploration" to assess the resource potential of those lands. Since
then, the community has kept up with resistance. In June of this year,
the /Gendarmería/ settled in Mapuche territory to guarantee the
exploitation of the oil wells.
La Primavera
The Qom Potae Napocna Navogoh community, known as La Primavera, lives in
the Laguna Blanca area in the Province of Formosa, in northeastern
Argentina. In 2014, the INAI and the Institute of Aboriginal Communities
of Formosa carried out a survey within the framework of Law 26.160. But
the process violated the right to consultation and participation since
there was no community involvement, and the sketches and narratives by
the Qom describing the places where they develop their life projects
were not taken into account. As a result, the dwellings of 17 families,
including that of community chief Félix Díaz, were excluded from the survey.
Over the past eleven years, the Indigenous Territorial Emergency Law has
allowed Indigenous Peoples to restrain the corporate appropriation of
their lands and see some progress in the recognition of their possession
of land. But if Congress does not extend the period of validity of the
Law before November, more than 1,500 communities will be left
unprotected—the campaign that aims to accuse Indigenous Peoples in
Argentina of being terrorists may be only the beginning of what is to come.
This
article
<https://www.opendemocracy.net/democraciaabierta/sebasti-n-ortega/native-communities-in-danger-in-argentina>
was published as part of a partnership between Cosecha Roja and
democraciaAbierta. You can read the original article in Spanish
here <http://cosecharoja.org/hay-1500-comunidades-originarias-en-peligro/>
. The article is being re-published at IC under a
Creative Commons License <https://creativecommons.org/licenses/by-nc/4.0/>
.
--
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