Central America: Indigenous Win The Right of Consultation Over Land

I am feeling a strong resonance with indigenous issues lately.   This article below highlights the rebalancing of power relationships between indigenous people and in this case the Government of Ecuador in respect of oil exploration.

When you hear of other stories of indigenous heritage, sacred sites and lands you immediately think of your own indigenous people, in my case, Australia. You see the similarities of ancient people’s who found their lands, rights, way of life completely overrun by different mindsets, cultures, ways of life.

I sense in the current times we are learning to respect indigenous people, to understand their way of life need not be viewed as primitive but another form of life that was rich with culture, heritage, wisdom, language and customs that many in developed countries have long forgotten. They all share a spiritual wisdom and sacred connection to the earth that many these days do not relate to. Their ancient ways would be seen as boring next to ipods, flatbed screens, fast cars and houses. Yet I have come from a western culture, grown up with all the trappings of materialism and I find myself increasingly moving and drawn to remember these ancient parts of myself. I find myself slowing down, touching the natural world, walking amongst it, planting vegetables, meditating to connect to the mystery, honouring all life and seeking for truth so that what I have sensed I’ve lost becomes visible. Indeed it is arising and many are now regarding indigenous people as the portals to higher knowledge and the holders of ancient wisdom so advanced it makes our society look like children playing with toys. How do we know we are not advanced? One in four have mental illness and we still have not learned to cooperate. We created competition and have placed self interest at centre stage. What we are discovering is that we are sinking the planet through over exploitation and endless needs that never satisfy. Our true satisfaction we are slowly realising is to ‘know thyself and be true’, to return to what is natural and to find peace within. These are the signposts that we are returning to truth, an ancient truth that is indeed unchanging. That is how we know it is eternal.

This article below represents an acknowledgement of indigenous rights to be consulted about their land. It is a starting point, and the bearest semblance of democracy emerging from the hard earth, a tiny plant growing. This for me is the liquid gold of alchemy enabling others rights to be acknowledged and respected by including indigenous people in activities that affect their traditional land. What would be very interesting would be to have a ceremony with government, the energy industry and indigenous people with the aim to really know each other. People tend not to respect others because they have no idea of who they are and they simply don’t care, they have objectives and they don’t want airy traditional customs getting in the way. They see themselves as progress and the other as primitive and regressive. If there is no money in it they draw a blank. This is the old currency that will in the future change.

Coming together is how we find the real wealth of life in each other. Of course the real learnings have nothing to do with money, yet many are still sleep walking believing they are here to take not learn about their role in the life process. If they simply legislate rights, pay compensation the power brokers remove themselves from real contact with others who see and live differently (diversity). I recall talking to people here in Australia who stated governments (State and Federal) would come into communities and consult through ticking boxes (survey forms). They never stayed long and they didn’t deeply listen as they were uncomfortable with indigenous people. They were ineffect, in a foreign country. I recall feeling that travelling around Australia when 20 years old passing through Fitzroy Crossing (Northern Territory), the indigenous people sat under trees, we put petrol in the car. I felt I was in their country, definitely. I never had that feeling living in a constructed reality called a city. This was the first time I had seen the country I was born into and realised there were two countries, one unacknowledged as equal as the other was dominant. I realised I was part of the dominant country. Today I feel I am shifting towards harmony with all and equality with all, I am now seeing my country as part of myself, a belief indigenous people have known a long time. So change does happen.

Above I used the words ‘deeply listen’ in respect of consultation as the indigenous wisdom speaks of ‘deeply listening’. I think that is wise, you cannot force change on people nor throw money at them, but you can learn to share this world, which in truth belongs to no-one, it is all given freely by nature itself. Only humans call it ‘mine’ after paper exchanges. Yet in reality we die after 70 or 80 years and it is passed onto another believing they own and can rearrange the natural configuration of the planet without deeply listening to nature. I feel that is relevant as well.

I would love to see emerge a deep merging between cultures where we learn to see through the others eyes, where we imagine ourselves as the other and our meeting is to truly share. In conflict resolution this is called empathy, most conflicts come from lack of empathy or as I have discovered a sense of powerlessness. Of course no-one is powerless, but many believe they are, there are always options when you see to look. I recall reading about some American indians describing the fear and distance they could see in the early settlers (for them occupiers). I also recall indigenous people recorded as saying they felt the unhappiness of the British on meeting them. They couldn’t understand why they were restless. Nor could they understand why they were wearing clothes and the colour of their skin. In one story they made them take off their clothes, an English woman was amongst the party, she was deeply embarrassed. For me I could see we are not even familiar with our bodies and we have real distortions around nakedness which is natural, if you take clothes off in our society you are arrested, funny when you think of it. If it was normal believe me there would be no porn industry to further confuse men. I digress – In Australia my understanding of first contact was friendly, it later became conflict when their were disputes over land. The British wanted pasture, the indigenous wanting hunting access and the resource depletion that affected their lives. Of course any notion of democracy would be based on sharing power and rights, but when money talks this honourable notion becomes distorted and we end up in conflict.

Imagine in the current time if for example (in this case) energy industry representatives took off their business jackets and sat on the ground to experience another reality and perspective putting money to the side. I wonder what would happen?

There is much to be gained by lying under the stars, eating food cooked over a fire and telling stories in the moment. There is no past no future, just an experience happening, in truth that is a powerful moment. I say this in recognition that many indigenous now are living in houses (although memory is there). I use this symbolically to reach across the divide and bring people together to return to what unites us. To break bread, to share lives, to return to the basics of getting to know each other is the place of returning home, it is the place of the heart that many have become disconnected from. I think the government bureaucrats, the energy industry executives would be surprised at what they would gain from being in nature and out of the boardroom, or what I call the bored room to feel the living earth around them rather than dead walls. This of course is my idea and not proposed below, but maybe some enlightened soul offers the olive branch and a true collaboration without consultation but deep listening occurs. That is what will be effective.

Courtesy of the Pachamama Alliance

This past Wednesday, the Inter-American Court of Human Rights ruled that the State of Ecuador is responsible for violating the rights of the indigenous Kichwa people of Sarayaku, by not having executed free, prior, and informed consultation before starting an oil development project on their land in the late 1990s.

After over a decade of struggle, the ruling is wonderful news for the Sarayaku people and their allies. It’s also good news for all of us who believe that we must draw on the best of indigenous wisdom and modern knowledge to create a just, thriving, and sustainable future.

The ruling is significant in that it establishes a new and higher standard as to how consultation with indigenous communities must be undertaken: in good faith, through culturally appropriate procedures that are aimed at reaching consent.

Consultations cannot simply consist in sharing decisions that have been already taken. States must make a real effort to establish an open and honest dialogue, based on mutual trust and respect and with the aim of reaching a consensus–this means not imposing anything upon indigenous peoples or unilaterally forging ahead with projects that will substantially affect their rights.

This ruling should dramatically affect Ecuadorian plans for development of the whole southern Amazon region of Ecuador.

Among those plans are the oil concessions currently scheduled to open for bidding this October in the ancestral territories of the Achuar and six other indigenous nations. So you can see why this is big news!

Visit our website for history of the case, a statement from the People of Sarayaku, analysis from Fundación Pachamama, and more »

There’s still much work to be done to ensure that the standards established in this ruling support other indigenous peoples whose lands are under threat.