Dario Kenner, La Paz

Updates on Bolivia: https://twitter.com/dariokenner / Facebook: http://www.facebook.com/BoliviaDiary

After 100 days and nearly 1,600 km around 100 disabled people arrived in La Paz yesterday demanding social benefits from the Bolivian state. They endured tropical heat, heavy rains and hailstorms on their march from the Amazonian city of Trinidad, via Santa Cruz and Cochabamba, to La Paz in the western highlands (map).

The Plurinational Assembly (Congress and Senate) is in the process of approving a Preferential Treatment Law that will give disabled people a social benefit of 1,000 Bolivianos a year (about US$146 / £93). The marchers have repeatedly said this is not enough and should be 3,000 Bolivianos a year (about US$437 / £278). However, not all disabled people agree with the demands of the march and in the city of Oruro they have accepted the figure of 1,000 Bolivianos which the government says will benefit 13,000 disabled people this year.

Yesterday afternoon the marchers tried to force their way into the main square in La Paz, location of the government palace. A government spokesperson condemned the violence and claimed there were groups present who provoked the clashes leaving 20 police injured. Bolivian media reports the police used tear gas and pepper spray. At least 10 people with disabilities were injured. The Ombudsman office said the marcher´s rights were abused and there was evidence they had been injured.

Last night the marchers had setup a vigil outside the main square (Plaza Murillo) and say they will go on hunger strike until their proposal for a law is approved.

Photos of the march arriving and clashes with police http://www.flickr.com/photos/49277734@N05/sets/72157629079961756

More information in Spanish: La Razón, Página Siete, Agencia Boliviana de Información.

Background information in English: The Guardian 11 January 2012.

[Below is an interview I did with one of the leaders of the march. Whilst this interview gives the point of view of the marchers it hopefully gives an insight into why there was a march and what it is like to be a disabled person in Bolivia  - Dario Kenner]

Interview: José Luis Lupa, Coordinator Disabled People of Cochabamba

Why did you march?

Police block disabled people from entering Plaza Murillo (credit: Dario Kenner)

The march began on 15 November 2011. I have been marching since 10 January from Villa Tunari. Before that I was at the vigil in Cochabamba. The march began with 17 people and 128 have arrived in La Paz.

Originally we were demanding 3,000 Bolivianos a year. But now we have lost patience we are demanding for those in a really bad condition 5,000 Bolivianos, then in a bad condition 4,000 Bolivianos and for those in moderate condition 3,000 Bolivianos. But this is still to be discussed with the government.

For this year President Morales has said there will be 1,000 Bolivianos for those in a really bad or bad condition. You know that in your country disabled people have many social benefits. What we are demanding here is nothing if you think about costs like a wheelchair, transport, medicine, therapy. This does not factor in food, housing etc.

In our proposal for a law we are demanding that we receive our pension early because many people with disabilities do not live long enough to receive it. We should get it at 40 years for a women and 45 for a man instead of at 60.

We want social security for all disabled people, to not give it to all would be discriminatory. We want the government to guarantee we will all receive it from 2013 but President Morales has not done this so we carried on marching. The government started paying 1,000 Bolivianos on Wednesday to try and get people to leave our march.

What were the conditions like? How did you and your fellow marchers make it all the way to La Paz?

The 17 who started thought the government would not let them march more than three days. But after three, four, five days, two weeks there was still nothing from the government. We depended on the people. Sometimes when we passed through place the people had nothing but they shared their only glass of water with tears in their eyes. Or people gave us things as they passed us in their cars. Sometimes there was not enough food, we just had water and biscuits. But some people didn´t give us anything, they said this march is political, but it has never been like that. Where did we get the strength from? We have waited for four years for this government to act.

Representatives from the United Nations, the Ombudsmen and human rights organisations came to visit us. We sent them back. Why? Because instead of visiting us with their donations we told them they should be lobbying the Bolivian government to resolve our situation. The Ombudsmen promised us Plaza Murillo (main square in La Paz) would not be closed for when we arrived.

When we got closer to La Paz and started getting to the highlands some communities shouted at us, people who are more allied with the MAS (ruling Movement Towards Socialism party). We were furious when we got to one community after going through heavy rains, hailstorms and frosts and they rejected us. We got to El Alto at 2am in the morning, it was freezing. On our way down into La Paz many people welcomed us.

March by disabled people gets to La Paz (credit: Dario Kenner)

What happened today when you arrived? What did you see?

When we were half a kilometre from the Plaza Murillo our main leaders said to everyone “hold on, we are going to be peaceful and not violent, we are just people who want to go around the square and say we do not want the law because it will not help disabled people, we want our law that guarantees the social security for 2013, that´s it.” Then we were going to go somewhere else and rest. That was our mission, for our law, not the governments law, to be approved.

Yesterday the Vice President and the Ombudsmen said the square would be open. We were four blocks away. We wanted to enter. Then the clash started. Us against them. Them against us. We got through the first police cordon but could not get through the second because there were a lot more police. For me the main question is: Why are they scared? Why do they block the square? Is Morales spending the money on himself that is meant to be for us? (video of clashes: http://www.youtube.com/watch?feature=player_embedded&v=T44cpuS2spM)

Articles 70,71 and 72 of the Bolivian Constitution set out that the state must give direct benefits to disabled people. Also there is the International Convention of Disabled People, Law 1678, and Supreme Decree 2487. There are many norms that benefit disabled people but none have been applied, they are just bits of paper.

The government says we are unproductive and are no use to the country. But why do they do not give us the opportunity to show if we have a value or not? In Europe, as you know, disabled people are great engineers and have great potential. Why can´t we do that here? We just want the chance to study and do training. But we don´t have that opportunity in Bolivia.

Dario Kenner, La Paz

Updates on Bolivia: https://twitter.com/dariokenner / Facebook: http://www.facebook.com/BoliviaDiary

On Friday evening President Evo Morales officially enacted the law to begin a consultation process to see if indigenous communities want a road project to go through the TIPNIS – an area that holds the status of indigenous territory and national park. The approval of the law has generated a lot of controversy and confusion in Bolivia and abroad. The law was approved following the arrival of a pro-road march led by the organisation CONISUR representing indigenous communities inside and outside the TIPNIS indigenous territory.

It might seem strange that a law confirming the right of indigenous people to be consulted about a project affecting their land is being rejected by the same indigenous movements that marched against the road between August-October last year. In fact the exact reason they were marching was because they had not been consulted- as reported on this blog in September 2011.

President Evo Morales (credit: Dario Kenner)

The indigenous communities inside the TIPNIS who oppose the road (broadly grouped together under the TIPNIS subcentral and Sécure subcentral affiliated to lowland indigenous movement CIDOB - more information) argue any consultation now will not be prior, as set out in the Bolivia Constitution and international norms, because the road is already being built and the contract was signed with Brazilian company OAS in 2008. Also they point out the consultation will not be in good faith because President Morales has already said the road must be built (detailed explanation of right to prior consultation). They interpret the law on consultation as a direct attempt to reverse a law approved in October 2011 by President Evo Morales that bans any road going through the TIPNIS. The Bolivian governments desire to build the road is no secret.

This is why the indigenous communities in the TIPNIS opposed to the road along with CIDOB have said they will march again. Indigenous movement CONAMAQ (which represents Aymara and Quechua peoples from the western highlands and central valleys) and the Trade Union Congress (COB) have also said they will join the march. No one knows for sure the route or when it will start but it could be in March. If another march starts there could be counter marches by the cocaleros –  the key support base of President Morales. The Ombudsman (Defensor del Pueblo) warned President Morales that if the law on consultation was enacted it could lead to conflict.

The exact content of the law (in Spanish) is analysed in detail in the latest NACLA blog that explains why consultation must be prior, “in good faith” and who can participate.

To get an idea of the different perspectives here are some quotes from recent speeches by President Evo Morales, Vice President of CIDOB Nelly Romero and an interview I did with respected anthropologist Xavier Albó.

EVO MORALES, PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

[Selected quotes from speech immediately after enacting law on consultation, evening Friday 10 February 2012]

Some marched against the road, others marched demanding the construction of road. Who is right? The law (protecting the TIPNIS) was imposed on us. Some reject the road, some want it. The best thing is for the people who live there to decide if they want or do not want a road. This consultation is the most legitimate, democratic and constitutional step to take.

I have hard there are those who reject the consultation. Those who reject consultation reject the Constitution, international norms and agreements such as ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples. I was part of that struggle that took over 30 years for the UN to recognise the rights of indigenous peoples. Finally the rights of indigenous peoples around the world were recognised in  2007. The right to consultation is part of these rights. The Bolivian people need to know that Bolivia was the first state that ratified the UN Declaration on the Rights of Indigenous Peoples as law.

They reject the consultation because they will lose. I cannot understand how regional and national leaders can be so isolated from their grassroots bases (who elect them). These leaders need to go and explain to their grassroot bases why the issue of “untouchable” (intagibilidad) and why the law (banning the road in TIPNIS). If the result of the consultation is to reject the road then the law (banning the road) will be respected.

I am almost sure the march last year was more by NGOs and not by the indigenous brothers who live in the TIPNIS. If the result of the consultation is to reject the term “untouchable” and build the road then the NGOs that financed and organised the previous march will look bad to their funders. This is why some NGOs reject this law (on consultation). I call on those NGOs to go there and explain the law (banning the road) if the leaders (of the march against the road) can´t do it. The role of a leader is to respond to their grassroots bases and not to NGOs. The grassroots will decide.

There are economic interests, especially the NGOs, and political interests. When we go forward with state companies to generate income for the Bolivian people such as YPFB (state hydrocarbons company) some oppose it. I want to say that they want to undermine and undermine. But when I finish my mandate in 2014 they will say: “Where is the road, where is the bridge, where is the industrialisation?”. But for now they just oppose for any reason. I have the responsibility to condemn before the Bolivian people that with these manipulations they want to undermine.

I call on social movements, international entities, the Ombudsmen (Defensor del Pueblo) to go there to the TIPNIS. They  just give their opinions from their desks and from the cities. They should go and see how our brothers live. Everyone knows best but they do not live there.

Some say this law is unconstitutional. If it is then don´t just complain about it, go and present a case to the Constitutional Tribunal. How can a law where the people decide yes or no be unconstitutional? Whatever they say there is extreme poverty there. Going to the TIPNIS it hurts to see how they live.

Now when we want to resolve these problems there will always be some of our brothers who ally with the eternal enemies of the indigenous movements. This is not new. In our struggle against the (Spanish) colonisation and during the Republic there were always those who abandoned us and betrayed us. One day the new generations will judge if we had the correct policies. You will decide if it was wrong for us the Bolivian government to want to build the road between Villa Tunari and San Ignacio de Moxos through the consultation. If we were wrong we will of course respect this. The people will have the last word.

I know the effort you have made. Do you know comrades that we are accused of organising this march? (by CONISUR) I was always against the march from the start. I say this publicly even if they laugh. A march is a big sacrifice. The social movements showed their solidarity. There will always be people who want to accuse us of things, they do not want us to resolve the poverty of the brothers who live in the TIPNS.

I want the Bolivian people to know that the real indigenous peoples are those who are patient, do not offend anyone, are staying in the coliseo (sports hall) and not undermining the people of La Paz. The march (by CONISUR) came here to negotiate with the Plurinational Assembly, not to protest or go on hunger strike.

NELLY ROMERO, VICE PRESIDENT OF CIDOB (lowland indigenous movement that represents 34 indigenous nations mainly in the Amazon)

[Selected quotes from speech at launch of book by Fundación Tierra on TIPNIS march, evening Friday 10 February 2012]

The 1990 march was historic, when the indigenous peoples of the lowlands marched for their dignity, their territory and respect for indigenous peoples. And now the Eighth march was again to demand the respect of indigenous peoples and defence of the TIPNIS.

In June 2011 we concluded in our Fourth Commission (councilof CIDOB) that we had presented our demands many times to local, regional and national level government but they were never answered. That discrimination, humiliation we have lived, mocked as always, we have shown courage; we have once again shown those who govern us that indigenous peoples also have the capacity to propose and to improve our lives.

It is not easy, as a woman, as a poor person, disabled and to be a leader, but here we are showing at the national and international level the extent of the humiliation by this President with an indigenous face, a heart of stone and a Yankee mentality in the way they repressed us on 25 September 2011, this will never be forgotten or erased thanks to this book.

Nothing has ever been given to us on a plate; it has always been with a lot of sacrifice that we have achieved things for our communities.

During the march we hoped that the cabinet the President has were really our brothers who should respond to our needs as native indigenous peoples in good faith. But during the march we saw how they patronised us, when a Minister who is meant to be of Justice with a patronising smile asked us “what do you want?”. We saw how they treated us. When in theory they came to dialogue with us they lied to the Bolivian population, they said we were intransigent, liars and blackmailers. In reality they were the real blackmailers.

They humiliated us by saying we were savages and illiterate. But there is not a worse illiterate person who does not want to read our constitution like has happened. The right to consultation is very clear in the constitution but what has happened? It is a sin to be indigenous. We have seen this, like what they did to us yesterday in Plaza Murillo (around 100 protestors opposite the Plurinational Assembly were removed from the main square in La Paz by police, they were protesting the approval of the law on consultation). We are realising that in Bolivia there are citizens with privileges and others who do not have their rights. First and second class citizens. Our congressmen are fifth class (CIDOB has several indigenous congressmen who have formed their own bloc in Parliament),

It is an embarrassment that first they approve the law 180 (banning the road) and now they want to annul it with the law on consultation. Seeing the police yesterday when I was in Plaza Murillo it reminded me of the injuries and grief of children, mothers and elderly people we suffered on 25 September. It is a sin for us to demand respect for the rights that are enshrined in law.

Once again we realise how they have used us native indigenous peoples to get into the positions they are in. Now they criticise us saying we are right wing, but the right wing is in the government, disguised. When they criticise the NGOs the President is ungrateful, he needs to remember he is where is he because of them.

We thank the Bolivian population for their unconditional moral and material support for the Eighth march. We will have a meeting of the National Commission on 22 and 23 February to organise the Ninth march. The rights of indigenous peoples are not to be discussed or negotiated, they are to be respected. It was a huge sacrifice to do the march; we will defend the TIPNIS with our lives.

This Ninth march will not only be in defence of the TIPNIS, it will be in defence of the rights of all of the Bolivian population that are been abused today. We thought it was just us the indigenous peoples who were discriminated against, but I think today all Bolivians are witnesses to this that the cocaleros are privileged, and where is Bolivian civil society as a whole? So we have said we will not just march for TIPNIS, it will also be for the 16 demands of the march.

I want to thank the media for their coverage because what did Canal 7 (state TV channel) say at 5.30pm on 25 September? It said it was just a simulation what happened in Chaparina. But that simulation is captured in this book and so I thank Fundación Tierra.

This discrimination, humiliation and mockery we have suffered means we need to resist and I think we have always resisted and never given up. This is why we will do the Ninth march even if it costs us our lives.

I would like to humbly thank you, I am Guaraní, with great pride and humility I would like to thank you for your unconditional support and now I call on you to do it again and join the Ninth march.

XAVIER ALBÓ, ANTHROPOLOGIST

[Interview: 10 February 2012]

What do you think about President Morales enacting the law on consultation tonight?

Xavier Albó

We are now in a different phase. I think they are still trying to do something that they do not know how to get out of. They go this way, they go that way, and they get stopped and then go backwards. It is very difficult.

What one can doubt a lot is the sincerity of all this when they say they want to do a consultation because everything is aimed at building the road, that is the aim. They look for one way to do it and if that does not work they look for another. I think this is doomed to fail. And if it does work then it will be obvious it has been so dressed up that it will not work.

What the consultation would do is actually advance in the reglamento [regulation of the law banning the road]. The reglamento would answer what the consultation is about such as whether the area is “untouchable” or not. From what I see I don´t think it [the consultation] will work. Those who should be consulted will not be consulted.

I heard today someone say “the CIDOB need to be persuaded”, I replied “what do they need to be persuaded about, it is not them who need to be persuaded, it is you”.

The heart of all this apart from the contract and everything is that Evo is a cocalero. He has struggled for coca as a leader.  This is part of his life. If I ever thought Evo could hear me I would say “it is a wise person who can change their mind”.

There are people in the government who are very dear to me, I can´t mention their names, they are stuck in this.

Within Bolivia one of the victims of this process is the famous Unity Pact (Pacto de Unidad) that took a lot of effort to establish, the five main social movements. It had its problems from the time of writing the Constitution.

I heard an interview on Radio Erbol today with ex-Ambassador to the United Nations Pablo Solón about the importance of the discourse on Mother Earth, I agree with him.

I believe instead of there being a Ninth march (the Eighth march was between August and October 2011 against the road) there should be a Ninth symphony, a meeting of music, cultures and visions to reach an agreement to respect Mother Earth.

At this stage what do you think the solution is? There is a government determined to build the road, indigenous movements CIDOB and CONAMAQ who say they will march, and the cocaleros who demand the road? How can this be resolved?

Keep working and talking. Once someone said to me even as bad as the opposition are maybe the MAS (Movement Towards Socialism) party would need to lose some of its absolute 2/3rd majority (won in 2009 Presidential and Legislative elections) to make them dialogue more. Maybe this is the way forward. There is a film I can´t remember the name of that showed how those in power lose sight of what is happening. I have not lose hope, I feel prophetic in saying that.

Interviews with Xavier Albó in newspaper La Razón (Spanish): 12 February 2012. 4 February 2012.

Dario Kenner, La Paz

Updates on Bolivia: Twitter: @dariokenner / Facebook: http://www.facebook.com/BoliviaDiary

The conflict over whether a road should be built through the TIPNIS national park and indigenous territory is entering a new phase. The pro-road march led by indigenous organisation CONISUR (an indigenous organisation representing communities inside the TIPNIS indigenous territory and outside of it in an area called Poligono 7) arrived in La Paz on 30 January 2012 demanding the reversal of a law approved by President Evo Morales in October 2011 banning the road – the law was the result of an anti-road march led by members of indigenous communities inside the TIPNIS and indigenous movement CIDOB between August and October 2011.

Since the CONISUR march got to La Paz it has at moments looked likely the law prohibiting the road will be reversed. On 2 February Vice President Álvaro García Linera announced the Bolivian National Assembly (Asamblea Plurinacional) would begin to draft a new law jointly with CONISUR. CIDOB have already said several times they will begin another march if this were to happen.

The focus in the last few days has been on the proposal by CONISUR along with the Presidents of the Senate and Congress (who are members of the governing MAS party led by President Evo Morales) to approve a law on prior consultation of indigenous peoples. Who should be consulted and how has generated plenty of debate.

In trying to understand the current conflict I spoke to indigenous leaders of both CONISUR and CIDOB.

Gumercindo Pradel, head of CONISUR (Cacique Mayor)

Pro-road CONISUR march on its way to La Paz (credit: Opinion.com.bo)

Why are you marching for a road through the TIPNIS?

Because those communities live there and suffer. Not like those leaders who want these people to stay in the jungle and not progress. Meanwhile they live happily in the city, they have good education and health services, they do not lack anything and have a good house. It makes me and my brothers sad. 45 days of marching and we still keep going, we do not obey those leaders who are an embarrassment. And this has led to us losing a child, that child had a history. This gives us more strength to fight for our rights [the child died on 4 February due to respiratory problems].

Can you explain why CONISUR want a law on consultation?

At 3pm we will have another meeting on the project of a law. Why do we want a law on consultation: because we do not want to have that bad image of leaders like Fernando Vargas (President of the TIPNIS Subcentral), Pedro Nuni (indigenous congressmen), and the congressmen Adolfo Chávez (head of CIDOB).

There are other people who still live in the jungle and they need to be consulted. Because those who speak are the owners of the territory. Those who live in the territory suffer. I want to go forward so that my poor brothers can progress so that in the future the next generations can be professionals and have good education and health services. We want good infrastructure. We want to have a good house like those leaders who have betrayed us and de-recognised us.

Who does CONISUR represent?

There are four languages present on this march: Moxeño-Trinitario, Yuracaré, Tsiman and Moxeño. This is who needs to be respected, not those people who live in Santa Cruz. We do not need to ask for permission from CONAMAQ or from CIDOB. Not all of CIDOB are bad, it is the main leader who is not good.

Does CONISUR represent communities inside the Poligono 7 and from the indigenous territory (TCO)?

There are communities there. Wherever those leaders are from or wherever they are they are always Yuracarés (indigenous peoples). No one can de-recognise me, wherever I am I speak my language, no one can de-recognise me like Fernando Vargas has done.

Do you have any final comments?

I hope that our voice is heard internationally and within the country so that they support this humble march that has now lost a child. I hope that they support us in our demands.

Anti-road march arrives in La Paz October 2011 (credit: Dario Kenner)

Lucio Ayala, Secretary of Land and Territory (Tierra y Territorio) of lowland indigenous movement CIDOB that represents 34 indigenous nations (mainly in the Amazon)

What does CIDOB think about the Plurinational Assembly working with CONISUR to write a new law on TIPNIS?

We are very worried by the attitude of the government after we marched to defend our rights and for a law to protect the TIPNIS indigenous territory. The intention is to revoke law number 180 in defence of the TIPNIS. We are in a state of emergency.

If the law is revoked the people will rise up, all civil society. From out last meeting of the National Commission (council of the CIDOB) in January there is a mandate to call a Ninth March if law 180 is revoked (the August – October anti-road march was the “Eighth March”). This is the immediate action we will take as CIDOB, in coordination with CONAMAQ (highland indigenous movement) and civil society.

When would the Ninth march begin?

There is no date yet. I think Adolfo Chávez (head of CIDOB) and the other commissions who have gone to visit the TIPNIS will be back in a two weeks. In a week and half we will have a clear position and decision on when to call (convocar) the Ninth March.

Who are CONISUR and who do they represent?

Well CONISUR is an organisation allied to the government. It is a cocalero (coca grower) organisation. It is an organisation that abuses the rights of indigenous peoples. It is in the Poligono 7 that was part of the Isiboro Sécure National Park. They have a personal interest for personal development. They demanded the INRA (National Institute for Agrarian Reform) and government give them individual land titles which means they have nothing to do with the TIPNIS.

We as indigenous peoples demand collective land titles. Our work and way of life are collective. We defend collective rights. So CONISUR is not part of the structure of indigenous peoples. It´s worse, they go against the interests of indigenous peoples and do not defend their rights. So we de-recognise that this organisation says it is indigenous. They are indigenous but against the rights of indigenous peoples.

When the anti-road indigenous march got to La Paz there were tens of thousands of people on the streets to welcome the march. Will civil society in cities across Bolivia support you?

We hope they will. Each community and province we visited when we marched has asked CIDOB to lead this new march. We know we have support. We think there will be even more support than there was for the last march.

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More information

NACLA blog covers the CONISUR march. Also includes news on what appears to be closer links between CIDOB and Rubén Costas, right-wing opposition Governor of Santa Cruz who was instrumental in orchestrating (often violent) opposition to the Morales government between 2006 and 2008. Bolivia’s TIPNIS Conflict Continues: Fanning the Flames of Discontent

Bolivia Diary: Bolivian government close to reversing law that prohibits road through TIPNIS national park

Dario Kenner, La Paz

Updates on Bolivia: Twitter: @dariokenner / Facebook: http://www.facebook.com/BoliviaDiary

Despite approving a law just three months ago stopping any road going through the TIPNIS national park and indigenous territory the B0livian government is on the verge of controversially continuing in its plan to build the road. The government, led by President Evo Morales, approved the law on 24 October 2011 after a two month long march of around a thousand indigenous peoples against the road arrived in La Paz (background on TIPNIS conflict including positions for and against the road).

The Plurinational Assembly (Congress and Senate) approved Law 180 on 24 October. A few days ago it was formally introduced for further discussion on the parliament´s agenda. The intention is to  modify the law to build the road through the TIPNIS. It is unclear how long this process will take but it could happen soon.

President Evo Morales and Vice President Álvaro García Linera (credit: Dario Kenner)

Modifying the law is a very real possibility because since the 2009 general election the governing Movement Towards Socialism (MAS) party has enjoyed a two thirds majority in the Plurinational Assembly (Congress and Senate) and controls the executive branch. However, it might not be quite so straightforward because several indigenous MAS represenatives in the Congress have said they will no longer vote with the MAS.

It is no coincidence the Morales government is now attempting to reverse Law 180. A march led by indigenous communities in the south of the TIPNIS represented by CONISUR (Indigenous Council of the South) is expected to arrive in La Paz very soon. Around a thousand have marched since 20 December 2011 from the edge of the national park to demand the reversal of Law 180 and for the road to be built through the TIPNIS (for more information see Bolivia Diary article on the CONISUR march and interview with expert on TIPNIS Sarela Paz).

The current situation may come as a surprise to outside observers who thought the TIPNIS conflict had been resolved. But within Bolivia it has been very clear the conflict was not over (Indian Country- December) and the Morales government never wanted to approve the law prohibiting the road (as reported on this blog in November). Here are a few examples:

• The government never ceased in its verbal attacks on the main leaders of the anti-road indigenous march.

• In what can be interpreted as a form of revenge for having to approve Law 180 the MAS controlled legislature ensured the law declared all activities in the entire TIPNIS national park “untouchable”. The anti-road march did want TIPNIS to be “untouchable” in relation to the road which is why they marched. But they never wanted legislation that would stop them from continuing with sustainable management (gestión integral) of the TIPNIS (comprehensive NACLA article covers this debate). Let´s be clear: It makes no sense for the anti-road indigenous march to demand a law that would mean they could no longer “touch” their own territory and ancestral land which they live from.

• Reliable sources confirmed that in November prior to the COP17 climate change negotiations in Durban President Morales gave an ultimatum to the members of the Bolivian negotiating team telling them that they had to agree to support the road through TIPNIS, or they would not be allowed to represent Bolivia at the climate summit. In recent years Bolivia has strongly defended indigenous peoples and the environment at these talks.

Anti-road indigenous march arrives in La Paz 19 October 2011 (credit: Dario Kenner)

As well as making the TIPNIS “untouchable” Law 180 essentially ratified elements already enshrined in other legislation such as the 2009 Constitution and the Supreme Resolution in 2009 that confirmed the TIPNIS as both an indigenous territory and a national park.

The core issue is prior consultation because it determines whether the government´s planned road can or cannot go through the TIPNIS. The objective of the process of free, prior and informed consultation is to achieve an agreement with the communities in a specific indigenous territory. However, it is too late because a contract was signed with Brazilian company OAS in 2008 and the road is already being built before consulting with the indigenous communities of the TIPNIS.

So if Law 180 is reversed the Bolivian government could go ahead with continuing to build the road (which has already begun at each end) through the TIPNIS but this would be in violation of the right to prior consultation.

The reaction by indigenous movements CIDOB and CONAMAQ as well as those sections of society who supported their march is unpredictable. CIDOB have publicly mentioned the possibility of another march. Meanwhile the coca growers - the key support base of President Morales – have threatened to start their own march if Law 180 is not modified allowing construction of the road.

If the law barring the road  is reversed it may plunge Bolivia back  into the political crisis experienced between August and October 2011, when the anti-road march made its way to La Paz. It remains unclear why the Bolivian government is putting so much at stake given it already passed a law barring the road.

"Without Evo Bolivia will divide", screen at pro-MAS rally October 2011 (credit: Dario Kenner)

TIMELINE

2008 – Bolivian government signs contract with Brazilian company OAS to build the road (link in Spanish to contract)

2009 – New Bolivian Constitution approved in a referendum (link to the Constitution in Spanish) enshrines indigenous peoples right to prior consultation on projects affecting their territories (Article 30, 343, 352). This right is already enshrined in interntional agreements ratified in Bolivia such as ILO Convention 169 and the United Nations Declaration on the Rights of Indigenous Peoples.

2009 - President Evo Morales gives collective land title to indigenous groups living in TIPNIS, covering 1,091,656 hectares (Supreme Resolution 230292).

June 2011- Road building begins and President Morales publicy states “Whether they want it or not, we are going to build this road“, (29 June)

August 2011 – Members of indigenous movements CIDOB and CONAMAQ begin march against the road.

September 2011 – Police repression against the march (25 September).

October 2011 – March arrives in La Paz and Morales government passes law prohibiting road.

November/December 2011 – Controversy about whether the TIPNIS is “untouchable”.

December 2011 – CONISUR pro-road march sets off from south of TIPNIS towards La Paz.

January 2012 – National Summit held by the government decides TIPNIS to reconsider road / Plurinational Assembly begins debate on modification of Law 180 / CONISUR march due to arrive in La Paz.

Dario Kenner, La Paz

Updates on Bolivia: Twitter: @dariokenner / Facebook: http://www.facebook.com/BoliviaDiary

A march that began on 20 December 2011 demanding the Bolivian government builds a road through the TIPNIS national park and indigenous territory is close to reaching La Paz. This pro-road march wants the law approved in October by President Evo Morales that strictly prohibited the road through the TIPNIS to be reversed. The Bolivian government approved the law after a two month long anti-road march by members of indigenous movements CIDOB and CONAMAQ (photo essay).

Why is there a march in support of the road?

TIPNIS poster (credit: Dario Kenner)

The TIPNIS conflict has caused deep divisions within Bolivia since August 2010 when the anti-road indigenous march set off on its way to La Paz. The issue sparked an intense debate on the rights of Bolivia´s indigenous peoples and what type of development the country needs. As Indian Country reported in December: ”Bolivia’s indigenous population is far from monolithic. There are indigenous and multicultural groups that support the road, including the country’s largest rural union organization and coca growers, part of the president’s key support base.”

The Bolivian government has always maintained the road will lead to development for the indigenous communities living in TIPNIS, the regions of Beni and Cochabamba and for the country as whole. The government maintains that agricultural producers in Beni and Cochabamba will have increased access to markets for their goods and that the road will increase the integration of Bolivia and access to electricity and public services. As a rally in October 2011 showed the Morales government can count on substantial support for its policy programme. A government organised summit with civil society in mid-January 2012 concluded the road through TIPNIS should be reconsidered.

Who are CONISUR?

The pro-road march of around 1,000 people is led by CONISUR (Indigenous Council of the South) and will have covered over 400 kilometres by the time it reaches La Paz. This is a organisation that groups together 21 indigenous communities with 12 living in the south of the TIPNIS indigenous territory  and another 9  in an area known as Poligono 7 that was occupied by around 20,000 people, mainly coca growers (cocaleros), that was separated off from the original indigenous territory in 2009  (see map). 15 CONISUR communities are marching: 6 from inside the TIPNIS indigenous territory and all 9 from the Poligono 7.

CONISUR demands include repealing the law banning the road, the construction of the road through the middle of the national park, funding for agriculture projects and the protection of the TIPNIS indigenous territory. In mid-January Gumercindo Pradel, President of CONISUR, said the law banning the road had not been consulted on with all the communities within the TIPNIS and therefore should be repealed. “A few bad leaders who have all they need should not oppose our progress”, he said.

TIPNIS national park and indigenous territory. White areas have been deforested. The area in the south known as Poligono 7 has been occupied mainly by coca growers and is no longer part of the indigenous autonomous territory: Bolivian Agency for Protected Areas (credit: SERNAP August 2011)

I asked Sarela Paz, an expert on TIPNIS and a member of the team that completed a Strategic Environmental Evaluation of the TIPNIS in 2011, about the complex make up of indigenous organisations within the indigenous territory (http://www.cedib.org/bp/2011/09/s/sarela.pdf). She explains, “the TIPNIS is made up of several indigenous organisations. Following the 1990 march (the first march by Bolivia´s lowland indigenous peoples that pressured the government to pass supreme decree 22610 declaring TIPNIS an indigenous territory) the TIPNIS subcentral was established grouping together all 63 communities inside TIPNIS.

But in the last 10 years two other organisations were created and now the TIPNIS subcentral brings together 37 communities. The Sécure subcentral represents 14 communities but it recognises the TIPNIS Subcentral as the representative organisation and therefore defers to it. CONISUR represents 21 indigenous communities who either live close to the occupied Poligono 7 (in total 12 communities) or inside it (9 communities)”.

Sarela Paz goes on to explain that the only communities that can be consulted on the road through the TIPNIS are those within the indigenous territory via their representative institutions. In the case of TIPNIS these are the TIPNIS subcentral, the Sécure subcentral and the 12 communities affiliated to CONISUR. However, she highlights that 9 communities that are part of CONISUR live outside the official indigenous territory (TCO) and therefore cannot be consulted. They can voice their views on the road but they cannot be part of a consultation – which is meant to be prior.

The experience in the occupied south of the TIPNIS national park – Poligono 7

“The coca economy has affected the way of life of the 9 indigenous communities inside the Poligono 7 in terms of their economic activity and daily tasks. It is not about the indigenous communities deciding to become cocaleros. They are under huge pressure and surrounded by cocalero communities. The clearest example of this is in a change in vision from the collective to the individual use of the land”, comments Sarela Paz.

In early January 2012 it was revealed seven CONISUR communities produce coca and are affiliated to the Six Federation of the Tropics (cocaleros union) headed by President Evo Morales.

Finally, Sarela Paz confirms there is already a road that goes into the Poligono 7 that the 10 CONISUR communities have access to. “Why are they marching if there is already a road?”, she asks. The CONISUR demand is that  a road goes through the entire TIPNIS up to the region of the Beni.

The CONISUR pro-road march is expected to arrive in La Paz soon. The reception they receive from the populations of El Alto and La Paz could be important in determining whether they are successful in their aim to repeal the law currently barring the building of the road through the TIPNIS.

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Full interview with Sarela Paz can be found here.

For analysis of what reversing the TIPNIS law could mean see Bolivia Diary article “Bolivian government close to reversing law that prohibits road through TIPNIS national park“.

In understanding why the CONISUR communities want the road it is important to understand their different views of “development”. This comprehensive article by Courtney Frantz at the Council on Hemispheric Affairs gives an insight into the different perspectives and also discusses the tensions between economic growth and indigenous rights for left-wing governments.

Dario Kenner, La Paz

Updates on Bolivia: Twitter: @dariokenner / Facebook: http://www.facebook.com/BoliviaDiary

As a march led by the Indigenous Council of the South (CONISUR) demanding a road through the TIPNIS nears La Paz I asked Sarela Paz about CONISUR and the experience in the occupied area to the south of the national park.

[Sarela Paz is an expert on TIPNIS who was a member of the team that completed a Strategic Environmental Evaluation of the TIPNIS in 2010. The evaluation was overseen by the Bolivian Agency for Protected Areas (SERNAP)]

How is the TIPNIS indigenous territory organised?

The TIPNIS is made up of several indigenous organisations (http://www.cedib.org/bp/2011/09/s/sarela.pdf). Following the 1990 march (the first march by Bolivia´s lowland indigenous peoples that pressured the government to pass supreme decree 22610 declaring TIPNIS an indigenous territory) the TIPNIS subcentral was established grouping together all 63 communities inside TIPNIS. But in the last 10 years two other organisations were created and now the TIPNIS subcentral brings together 37 communities. The Sécure subcentral represents 14 communities. It recognises the TIPNIS Subcentral as the representative organisation and therefore defers to it.

The other organisation was the Indigenous Council of the South (CONISUR) which represents communities in the south of the territory. Why were these other organisations created? Partly as a response to the pressures they were under from coca growers (cocaleros) occupying the Poligono 7 (see map) and pressure from the government. The TIPNIS subcentral has a different view of development to CONISUR.

TIPNIS national park and indigenous territory. White areas have been deforested. The area in the south has been occupied mainly by coca growers and is no longer part of the indigenous territory (Bolivian Agency for Protected Areas SERNAP, August 2011)

Who does CONISUR represent?

CONISUR represents 21 indigenous communities who either live close to the occupied Poligono 7 (in total 12 communities) or inside it (9 communities). 15 CONISUR communities are marching: 6 from inside the TIPNIS indigenous territory and all 9 from the Poligono 7.

If there was a process of consultation with the communities in the TIPNIS indigenous territory who would be consulted?

The TIPNIS subcentral (37 communities), the Sécure subcentral (14 communities) and the 12 indigenous communities affiliated to CONISUR that are still within the indigenous territory (TCO) of the TIPNIS. The other 9 CONISUR communities inside the Poligono 7 could not participate and cannot make decisions for the 63 communities inside the TCO. This is because firstly they live outside the TCO, and secondly because they have individual land titles. This means they are no longer part of the collective land title held by the 63 communities in the TIPNIS.

Is there already a road in the Poligono 7?

Yes there is. It goes from the southern border of the national park to where the Moleto river and Ichoa rivers meet (about two thirds of the way into Poligono 7 (see map below). The 9 CONISUR communities inside the Poligono 7 already have a road. The question is why are they marching if there is already a road?

I think it is important to compare the conditions for the indigenous communities that have access to a road (in Poligono 7) and those inside the TIPNIS indigenous territory. There is already an education and health presence inside the TIPNIS indigenous territory. It could be better but it does exist, it is not that there is nothing. One would expect the indigenous communities in Poligono 7 to have a higher level of development but actually there is not a huge difference.

Red line shows occupied area of Poligono 7. Black line from south to north west shows existing road (Bolivian Agency for Protected Areas SERNAP, August 2011)

Can you explain the impact of the occupation of around 20,000 coca growers in Poligono 7 on CONISUR?

The coca economy has affected the way of life of the 9 indigenous communities inside the Poligono 7 in terms of their economic activity and daily tasks. It is not about the indigenous communities deciding to become cocaleros. They are under huge pressure and surrounded by cocalero communities. It changes what they do each day.

The clearest example of this is in a change in vision from the collective to the individual use of the land. Inside the TIPNIS the logic is a collective use and management of the land. But in the Poligono 7 indigenous communities have obtained individual land titles. The decision is taken under pressure because they are surrounded by cocalero communities but it is still a decision that is taken. If you are not part of the cocalero sindicato (union) you cannot grow coca – it will be eradicated. But if you are part of a sindicato then you can.

In early January 2012 it was revealed seven CONISUR communities produce coca and are affiliated to the Six Federation of the Tropics headed by President Evo Morales.

Although the 12 indigenous communities affiliated to CONISUR on the border of Poligono 7 are further away they are still impacted by the coca economy. There is not every day contact but they still produce coca or sell their labour to the cocaleros at harvest time. Their main income is now not coming from the forest but from the cocaleros. The youth calculate how much they can make to buy a t-shirt they like. So even though there is not permanent contact it affects their way of life.

Studies by previous governments on coca producing regions have identified that the production of coca in the TIPNIS area is not just for traditional use. Two months ago this trend was confirmed when a cocaine lab was found and destroyed inside the TIPNIS. There is a huge pressure on this region because it is linked in to global markets and driven by the global demand for cocaine.

Why is the Bolivian government so determined to build the road through the TIPNIS?

Pro-road CONISUR march

The government never wanted to pass Law 180 banning the road. The main reason is that the government has a different logic of development compared to the indigenous communities. The President is a cocalero and so sees Poligono 7 as development. This is based on seeing land as having value if it can grow coca.

They see the indigenous communities in the TIPNIS as not being developed. They do not understand this different development model that based on ideas of the sustainable use of natural resources and food security.

There are other reasons such as the aim of linking up the regions of the Beni and Cochabamba. Also in 2007 the Morales government gave two concessions to oil companies Petrobras (Brazilian state oil company) and to YPFB Petroandina. Oil companies will not begin their operations if there is not a road.

Dario Kenner, La Paz

Updates on Bolivian politics at Twitter: @dariokenner

Facebook Page: http://www.facebook.com/BoliviaDiary

On 11 January three people were killed and dozens injured in clashes with the police in the town of Yapacani – near to the city of Santa Cruz in eastern Bolivia. This afternoon a public funeral was held. Tensions had been rising over several days as local residents opposed to Mayor David Carvajal resisted his return after forcing him from office in December 2011. They accuse Carvajal of corruption who has resigned following the violence.

Funeral in Yapacani following fatal clashes 11 January 2012 (credit: El Deber)

Over 400 police were sent to Yapacani to try and reinstate Carvajal as Mayor. Local residents congregated in the main square and held a public assembly on Wednesday afternoon when the clashes started.

Interior Minister Wilfredo Chávez stated police were only authorised to use tear gas. Forensic examinations have revealed two of those killed (aged 23 and 27) died from bullet wounds. Investigations by the Ombudsman continue.

Local police commander Colonel Lily Cortez confirmed 19 police officers were injured when their buses were shot at as they left Yapacani.

What happened in Yapacani is striking because it is a stronghold of the ruling Movement Towards Socialism (MAS) party led by President Evo Morales. This conflict was between supporters of the MAS government.

This morning Radio Erbol´s chief journalist Amalia Pando said Wednesday´s tragic events could have been avoided. She argues it was obvious there would be a clash and that to try and reinstate Carvajal after he was forced out provoked the population of Yapacani. She also said sending in the police was a mistake and it is clear the MAS government does not know how to manage conflicts.

The day prior to the fatal clashes Interior Minister Chávez said he hoped the people who were blocking the work of the democratically elected Mayor would change their behaviour. Minister of the Presidency Carlos Romero said the role of the government “was only to mediate”. He also denied the government was responsible saying the police were never ordered to use firearms. Romero said an investigation would confirm who had used firearms and that those responsible should be imprisoned for the maximum period of 30 years.

Currently residents of Yapacani are blocking the road between Cochabamba in central Bolivia and Santa Cruz in the east. They are calling for the Interior Minister, Minister of the Presidency and the local police commander to resign.

Update 17 January 2o12:

The situation in Yapacani has calmed down. The Inter-institutional committee who opposed the return of Mayor Carvajal have signed an agreement with the government. This includes to conduct a thorough investigation to determine how the three people died and to give compensation to their families. In return residents of Yapacani have agreed to stop blocking the road between Cochabamba and Santa Cruz.

For more information see: Andean Information Network article: “Police role in bolivian municipal clash must be thoroughly investigated”

http://ain-bolivia.org/2012/01/police-role-in-bolivian-municipal-clash-must-be-thoroughly-investigated/

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News sources in Spanish:

Erbol: http://www.erbol.com.bo/noticia.php?identificador=2147483954326

http://www.erbol.com.bo/noticia.php?identificador=2147483954204

La Razón: http://www.la-razon.com/nacional/Ministro-Presidencia-responsables-violencia-Yapacani_0_1540645997.html

http://www.la-razon.com/nacional/Caso-Yapacani-renuncia-fisuras-oficialismo_0_1540645952.html

Página Siete: http://www.paginasiete.bo/2012-01-12/Nacional/Destacados/37ald01-120112.aspx

El Deber: http://www.eldeber.com.bo/2012/2012-01-13/vernotaahora.php?id=120112235236

ABI: http://www2.abi.bo/nucleo/noticias.php?i=2&j=20120110084607

Dario Kenner, Durban, South Africa

The COP17 UN climate change negotiations finished around 5.30am this morning. The COP Presidency held by South Africa claim they have delivered the Durban package: A Second Commitment Period of the Kyoto Protocol, a mechanism to allocate funds for mitigation and adaptation (the Green Climate Fund), continuation of work on a new legally binding deal. However, there are many critical unresolved issues including: developed countries actually committing to specific numbers for their emissions reductions, emissions reductions commitments based on science, what happens to those Parties that have said they will leave the Kyoto Protocol (Canada, Japan and Russia), where the money will come from for the Green Climate Fund, the role of the the Global Environment Facility (World Bank) or the UNFCCC in the Fund among many others.

Update 17 December:

Further analysis for the Durban package can be found here:

http://pablosolon.wordpress.com/2011/12/16/the-durban-package-laisser-faire-laisser-passer/

http://www.nelemarien.info/durban_not_success/

http://www.guardian.co.uk/environment/2011/dec/12/durban-climate-change-conference-2011-southafrica

Different viewpoints: http://www.guardian.co.uk/environment/2011/dec/12/durban-climate-deal-verdict

More information on the Durban negotiations: http://oneworldgroup.org/durban

My background article on UN climate change negotiations from June 2011 Climate Change negotiations continue their slow march towards the precipice

Closed high level meeting on last day of COP17 negotiations (credit: Dario Kenner)

Updated live blog (until 5.30am Sunday 11 December)

Check updates on twitter here: https://twitter.com/#!/dariokenner

We are approaching the end game here in Durban as the COP17 climate change negotiations are meant to finish today – well it was meant to be yesterday actually. This page will have tweets direct from the conference.

Tweets

Dario Kenner @dariokenner 10 mins

#cop17 5am Durban package approved.Decisions on #greenfund , #LCA + #kyotoprotocol .2nd Commitment Period but weak + empty.Analysis tomorrow

Dario Kenner @dariokenner 1 hr

AWG Durban Platform draft text has “protocol” “legal instrument” “legal outcome”.So which is it? #EU + #india agreed on “legal force” #cop17 4:09 AM, Dec 11th via web · Details

Dario Kenner @dariokenner 1 hr

#cop17 prob soon approve”establishment of an AdHoc Working Group on Durban Platform for Enhanced Action”.Does this replace Bali Action Plan?

Dario Kenner @dariokenner 1 hr

#cop17 3.30am #EU + #india agree language “legal force” 4 #durban outcome. S.African COP Presidency present Durban package for approval soon

Dario Kenner @dariokenner 1 hr

3.30am #cop17 #EU + #india agree language “legal force” 4 #durban outcome. S.African COP Presidency present Durban package for approval soon

Murray Worthy @murraygw 1 min

Also, remember that proposals still include end of Kyoto after 2nd commitment period, weak pledges & not necessarily legally binding #COP17

Retweeted by Dario Kenner

Yukon Greens @YukonGreen 8 mins

Scrum in the middle of #COP17 plenary. Many including EU, India and US. Negotiating equity and binding. It’s happening now…

Retweeted by Dario Kenner 2:49 AM, Dec 11th via web · Details

Amara Possian @amarapossian 22 mins

Africa group disappointed by lack of ambition but willing to support text – heartbreaking to hear hopes 4 better next time #climate #cop17

Retweeted by Dario Kenner 2:35 AM, Dec 11th via Twitter for BlackBerry® · Details

Dario Kenner @dariokenner 17 mins

2.40am. Looks more likely #durban package will be approved #cop17 after Africa Group say support it. 10min break now 4 India+EU 2 talk

  Dario Kenner @dariokenner 31 mins

2.25am #cop17 plenary.Lots support 4 legally binding deal #grenada #china #bolivia #brazil #egypt . Some want 4 ALL, some 4 developed states

COP17/CMP7DurbanSA @COP17CMP7Durban 35 mins

Joint informal plenary still on. Parties considering draft package of outcomes. Formal plenary to convene later and decide by consensus.

Retweeted by Dario Kenner2:23 AM, Dec 11th via Facebook · Details

Dario Kenner @dariokenner 1 hr

Final #cop17 plenary. #EU + #colombia strong call 4 legally binding instrument by 2018. #india say text is weak + must include CBDR + equity

Dario Kenner @dariokenner 24 sec

#cop17 Dramatic end AWGLCA plenary #venezuela said received threats from developed countries to accept LCA text or no get 2CP or #greenfund

Dario Kenner @dariokenner 6 mins

#cop17 12.45am.Final plenary due 2 start (COP/MOP) #venezuela object AWGLCA text.Will countries object or accept Durban package?Expect drama

Dario Kenner @dariokenner4 mins

#cop17 surprise surprise. #usa wants to adopt #LCA text. They are real winners in #durban - consolidation shift to voluntary pledge + review

Dario Kenner @dariokenner15 mins

#cop17 #bolivia several countries leave #kyotoprotocol .No account+compliance system AWGLCA 2 verify if developed countries reduce emissions

Laura Maria Dzelzyte @LauraDzelzyte24 mins

#COP17 Bolivia is not happy to see that markets are included as instruments in climate package under LCA text.

Retweeted by Dario Kenner

Dario Kenner @dariokenner37 mins

#cop17 AWG #LCA text prob go through.Almost all countries accept indirectly.Gambia directly “We accept the text as part of Durban package”

Dario Kenner @dariokenner40 mins

#cop17 #venezuela 2 #LCA chair “you ask us 2 accept text with no chance 2 discuss it.Clear it is take it or leave it.Not ambitious agreement

Celeste Côté @CelesteCote56 mins

RT @amarapossian: Why are so many people agreeing to move forward while stating that the LCA text is unacceptable? #cop17#climate

Dario Kenner @dariokenner9 mins

#cop17 Africa Group position crucial Durban outcome. DRC say mitigation text unbalanced.Needs comparability +CBDR.Concern longterm finance

 Dario Kenner @dariokenner13 mins

Dario Kenner @dariokenner34 mins

#cop17 9.20pm:AWG #kyotoprotocol end. #EU manage 2 get 2013-2017 bracketed + also include option 2013-2020. #venezuela ”no accept weak 2CP”

Dario Kenner @dariokenner45 sec

#cop17 8.25pm. AWG KP re-start soon. Issue of length of second commitment period the issue. When this one finish 3 more plenarires.#unfccc

Pablo Solon @pablosolon25 mins

#COP 17 Does the EU know what ambition means? They demand 8 years or 1.5% emission cuts per year instead of 5 years or 2.5% per year.

Retweeted by Dario Kenner

Dario Kenner @dariokenner15 mins

#cop17 .8pm. AWG-KP plenary re-start soon. Opening statements focus on length 2CP. #EU want 2013-2020. #grenada and #colombiasay 2013-2017

Dario Kenner @dariokenner1 hr

#cop17 President say Durban delivers “legally binding framework”, but no mention there is still huge emissions gap + very low level ambition

Dario Kenner @dariokenner1 hr

#cop17 President say Durban delivers “legally binding framework”,but no mention there is still huge emissions gap + very low level ambition

Dario Kenner @dariokenner1 hr

#cop17 Presidency, plenary: Strong call on all countries 2 adopt Durban package incl. 2CP #kyotoprotocol + #greenfund .But what type of 2CP?

Meera Ghani @MeeraGhani1 hr

#Bolivia- there is no compliance system under 1bi- the issue of markets is imp for our delegation. Sec to organize workshops#COP17 #Durban

Retweeted by Dario Kenner

Dario Kenner @dariokenner1 hr

6.30pm: 5 hours later everyone still waiting 4 ministers 2 reach agreement. Stocktaking plenary may start soon. Uncertain outcome at #cop17

Meera Ghani @MeeraGhani1 hr

#Nicaragua we have great concerns about finance. GCF didnt deal with sources because that was in LCA Finance.Where are they now?#COP17 #G20

Retweeted by Dario Kenner

Civil society march at COP17 climate change negotiations (credit: Dario Kenner)

Dario Kenner @dariokenner16 mins

12.45pm #cop17 #durban .In closed meetings negotiators saying “we have hours to leave Durban with outcomes”. Getting near to crunch time

Dario Kenner @dariokenner50 mins

Many countries ask #cop17 Presidency 4 clarity on process today. Probably plenaries this PM. Many say no want take it or leave it document

Dario Kenner @dariokenner57 mins

12pm #cop17 President just confirm reconvene 1.30pm.Countries+groups now focus on #LCA #KP texts.Problem is:each hour delegates leaving conf

Dario Kenner @dariokenner1 hr

#cop17 President also said”these texts are less ambitious that what is needed but more ambitious than no outcome at all”.Pressure is on here

Dario Kenner @dariokenner1 hr

Just been in room where #cop17 President say:”These are not take it or leave it texts, but neither take it + improve it due to lack of time”

Dario Kenner @dariokenner1 hr

11.10am #durban #unfccc negotiations in limbo. Heard that Chairs of groups (G77 etc) meeting now with S.African COP #cop17Presidency

Dario Kenner @dariokenner3 hrs

9.50am Still lots to do today: reach agreement #kyotoprotocol text between countries in “Indaba” meeting + THEN go to plenary #cop17#unfccc

Dario Kenner @dariokenner3 hrs

This article still reflects current state of play at #cop17 #durban#climatechange negotiations tinyurl.com/cftgn5c

Dario Kenner @dariokenner11 hrs

Indaba meeting over.Now time 2 analyse latest #kyotoprotocol text until 6am when focus turn 2 AWG #LCA text. Long night/morning ahead #cop17

Meera Ghani @MeeraGhani11 hrs

GCF draft text page 2 #COP17 #Durban apologies for the poor picture quality twitpic.com/7qzqhi

Retweeted by Dario Kenner

 View photo

Dario Kenner @dariokenner11 hrs

Secretariat just tell Indaba meeting #kyotoprotocol text arrive 1.20am (5 chapters + annex) and AWG #LCA ready 6am #cop17#climatechange

Dario Kenner @dariokenner12 hrs

Indaba meeting has started again. Currently on #greenfund . G77 wants secretariat #unfccc . #USA and #EU want GEF. No agreement yet #cop17

Richard Black @BBCRBlack15 hrs

AOSIS draws up own version of mandate #cop17 asks for action on renewables efficiency and get deal agreed by end of 2012

Retweeted by Dario Kenner

Dario Kenner @dariokenner16 hrs

#cop17 S.African President: I will work on new text 2 reflect delicate balances + present draft decisions 2 you asap. Now:Chairs AWGs report

Dario Kenner @dariokenner16 hrs

#china : we have low per capita emissions, this text kill #kyotoprotocolimmediately. Full implement Bali Action Plan. No kill AWGs #cop17

Dario Kenner @dariokenner16 hrs

We getting into real issues now: #india say right 2 develop. No break firewall between develop+developing- who do more mitigation.#cop17

Dario Kenner @dariokenner16 hrs

Looked for a moment like this meeting would end and #cop17presidency would work on new text but not happened yet. Time running out, now 8pm

UN climate change negotiations, COP17 Durban (credit: Dario Kenner)

Dario Kenner @dariokenner17 hrs

Venezuela:We all agree respect Convention. Let´s give #cop17S.African Presidency mandate 2 develop a balanced text. Let´s save today, today

Dario Kenner @dariokenner17 hrs

USA: Agree Australia. Agree EU timeline by 2015, ratification takes time, no say post-2020. Can improve language on increase ambition#cop17

Dario Kenner @dariokenner17 hrs

Australia: Text is +ve step, framework to achieve historic outcome. The 2CP #kyotoprotocol is on the table as part of this agreement#cop17

Dario Kenner @dariokenner17 hrs

#bolivia :Need legal binding deal, obligations+compliance system.This text questions #unfccc Convention. Offer 2 work with Presidency#cop17

Dario Kenner @dariokenner17 hrs

Nicaragua: ALBA cant accept text. Unbalanced, just big emitters, Call on S.Africa to provide a more balanced text. #cop17 #climatechange

Dario Kenner @dariokenner17 hrs

Gambia: Are we sure after 2020 Tuvalu exist?We no want 2 B held hostage on KP. Durban text must be based Bali Action Plan, not end it #cop17

Dario Kenner @dariokenner17 hrs

EU:text not reflect urgency,not ambitious enough.Legal framework not enough, we want a protocol. Lot of work needed to agree on text.#cop17
Dario Kenner @dariokenner17 hrs

Tense standoff #cop17 #unfccc negotiations on draft “Indaba” text presented by South African COP Presidency earlier today. Current summary

Dario Kenner @dariokenner18 hrs

In closed meeting #cop17 Presidency+states: So far developing states strong rejection 2 draft text that proposes legal framework after 2020

Pablo Solon @pablosolon19 hrs

Cambio Climático: Convierten al Protocolo de Kioto en un Zombi.wp.me/p1Xleq-1T via @wordpressdotcom

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Dario Kenner @dariokenner19 hrs

#cop17 heard furious reaction developing countries 2 texts”our people are dying” “this not a valid text” “fatally flawed on#kyotoprotocol

Dario Kenner @dariokenner19 hrs

Got my hands on South African Presidency #cop17 texts. Postpones decision on #kyotoprotocol until 2012. tinyurl.com/c9nsmwz #unfccc

Dario Kenner @dariokenner19 hrs

#cop17 shock from most countries “Indaba text”. Says “crafting a future multilateral rules-based response under UNFCCC framework after 2020″

Dario Kenner @dariokenner20 hrs

#cop17 Am in room with COP President+ministers. They just decided 2 postpone discussion of “Indaba text” until 5.45pm. ALBA question balance

Dario Kenner @dariokenner21 hrs

4pm. Heard the “Durban text” is being analysed by countries now. Later on in a plenary each country will decide if they accept it.#cop17

Dario Kenner @dariokenner21 hrs

Protest inside #cop17 #unfccc negotiations conference centre. Been going about 30 mins. Very loud! Lots of chanting “climate justice now!”

Fiona Harvey @fionaharvey22 hrs

US, China and India are not the only ones against a deal in Durban – the NGO community also against the roadmap. #COP17

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Dario Kenner @dariokenner22 hrs

2pm #cop17 AWG #LCA mitigation negotiations finishing up to present options to ministers. #brazil question Biennial update report text

Pascale Palmer @Pascale_Palmer22 hrs

#cop17 president: we are now working hard on CP2 of KP, and longterm finance – we don’t want to launch an empty Green Climate Fund

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Dario Kenner @dariokenner9 Dec

12pm #cop17 #durban Hearing there will probably be 2CP of#kyotoprotocol until 2020..but low ambition + new markets. #unfccc#climatechange

Kelly Rigg @kellyrigg9 Dec

Here are the 3 options for #cop17 outcome. 1 strongest, 3 weakest. US wants 3. Let’s see who else sides w thm today.http://ow.ly/7TLXj

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Dario Kenner @dariokenner9 Dec

Heard: some progress on trustee (GEF) and governance (under COP) of #greenfund but still not clear longterm finance #cop17#durban #unfccc

Connie Hedegaard @CHedegaardEU8 Dec

Interesting development: got confirmed that Brazil DOES support to be legally bound if other big economies are

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Dario Kenner @dariokenner8 Dec

#cop17 #durban . Nothing new really…developed countries have political will for more markets in KP and LCA but not for deep emissions cuts

Dario Kenner @dariokenner8 Dec

Will more carbon markets+voluntary emissions reduction pledges stop #climatechange ?? Currently on the table at #cop17 #unfcccnegotiations

Dario Kenner @dariokenner8 Dec

Today AWG #LCA mitigation 1b1 and 1b2 informals finally looking at options to present to Ministers #cop17 #durban #climatechange#unfccc

Democracy Now! @democracynow7 Dec

Least Developed Countries, Small Island States Face U.S. Resistance to Binding Climate Deal owl.li/7S3VM #cop17

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Dario Kenner @dariokenner8 Dec

As we approach end #unfccc #cop17 Pablo Solon argues we are headed for a repeat of #cancun and #copenhagentinyurl.com/budk46s #durban

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Dario Kenner @dariokenner7 Dec

7.30pm AWG #LCA informals finally drafting text on the screen (currently biennial reporting) with just 2 days to go until end #cop17#durban

Dario Kenner, La Paz

Updates on Bolivian politics at Twitter: @dariokenner

Facebook Page: http://www.facebook.com/BoliviaDiary

When the government of President Evo Morales signed off on a law on 24 October 2011 stopping any road going through the TIPNIS national park and indigenous territory it looked like a clear victory for the thousand or so marchers who had spent two gruelling months walking from Bolivia´s Amazon to La Paz. But the Morales government has made it obvious that it still wants to build the road.

TIPNIS “Untouchable”???

Since the approval of the law the debate has centred on the issue of whether the TIPNIS national park is now “untouchable” or not. This NACLA blog explores this issue. In a previous interview with MAS Senator Adolfo Mendoza, he explained that, “usually the word intangible (untouchable) affects an area of a Protected Area. But if it applies to an entire indigenous territory it could be interpreted as meaning that the indigenous peoples who live there are simply park rangers”.

Actually the marchers were always clear that their demand was against a road through their territory. At no time did they say the demand was a law that would mean they could not “touch” their own territory. What they have always stressed is gestión territorial. This concept is based on the idea of using a territory (in the case of TIPNIS also a national park) in a sustainable way.

The indigenous Yuracaré, Chiman and Moxeño communities who live inside the TIPNIS have done this for millennia (it is their ancestral land) and that is why the majority of the TIPNIS is still virtually intact. The way of life of these indigenous communities is in stark contrast to the colonisers, mainly cocaleros (coca growers), who have used slash and burn techniques in the south of the park (known as Poligono 7) leading to deforestation and even forcing indigenous communities living there to move. Such was the extent of the occupation of the south of the park it was officially separated off from what was the originally demarcated autonomous indigenous territory (TCO) (see map). Following the approval of the law the government and the indigenous marches were meant to jointly design how it would be implemented (reglamentación). However, work on this has been slow.

Indigenous TIPNIS march on its way to La Paz in October (credit: Dario Kenner)

Investigating police violence

The marchers – members of indigenous movements CIDOB and CONAMAQ – got to La Paz on 19 October despite police repression a month earlier. A report released today by the Ombudsmen reveals ex-Interior Minister Sacha Llorenti was the “intellectual author” of the incident on 25 September – Llorenti resigned on 27 September because of the controversy over the police operation. (Ombudsmen report on the police action in Spanish). Now the question is will Llorenti face trial? Were there more “intellectual authors” apart from Llorenti?

Mobilisations to reverse the TIPNIS law

President Morales and his administration have not ceased in their verbal attacks against the marchers. It is clear the Morales government never wanted to approve the law despite the deep political crisis the TIPNIS issue caused. While the march was on its way to La Paz the accusations included that it was funded by the United States, NGOs and right-wing political parties. Three months on and the government has still not provided any evidence that any of these actors orchestrated the march, though opposition political parties certainly took advantage of the situation.

Since the march ended the Morales government has repeatedly said that there is a demand for the road to be built. Whilst there is some support for the project, President Morales is conveniently ignoring the fact that the TIPNIS is an indigenous territory and therefore the only group that should be consulted prior to road building are the indigenous communities that hold the collective land title – as set out by international agreements ratified by Bolivia including ILO Convention 169. However, any consultation, if it were to take place, would not be prior because the contract with Brazilian company OAS was signed in 2008, and construction has already started at both ends of the road.

Allies of the Morales government, including the cocaleros, government controlled regional and local government in Cochabamba, rural social movements (CSUTCB, Interculturales, “Bartolinas Sisa”) and some indigenous communities inside the TIPNIS (CONISUR represents 12 communities out of the 64) say they will hold a mass meeting – and potential marches – in December in Cochabamba to pressure for the TIPNIS law to be reversed. It is in this context that a few days ago a national assembly of the lowland indigenous movement CIDOB that marched for two months declared Evo Morales an “enemy” because he insists on building the road through the TIPNIS.

President Evo Morales and Vice President Álvaro García Linera at MAS rally in October (credit: Dario Kenner)

Agenda for the future

December will be a crucial month for the so-called “process of change” in Bolivia. As well as the expected marches pressuring for a reversal of the TIPNIS law, the government has said it will hold a national debate on the future agenda for the country. It remains to be seen how this process unfolds in terms of who will be invited and what subjects are to be debated (this could include discussion on whether there should be a removal of fuel subsidies, i.e. a gasolinazo which, when previously attempted in December 2010, provoked nation-wide protests and was reversed). Nevertheless, it is almost certain that the issue of building the road through the TIPNIS will figure prominently as it is so emblematic. The outcome on TIPNIS could give more impetus to either a continuation of the extractive model of development or an alternative model based on greater respect for the environment.

Background: NACLA photo essay covering the march 15 August – 24 October https://nacla.org/bolivian-tipnis-march-photos

Dario Kenner, La Paz

Updates on Twitter: @dariokenner

Facebook Page: http://www.facebook.com/BoliviaDiary

NACLA photo essay: https://nacla.org/bolivian-tipnis-march-photos

On October 21, Bolivian President Evo Morales announced an agreement to scrap a controversial plan to build a highway through the TIPNIS Amazonian ecological reserve. The president’s decision came just two days after over 1,000 indigenous protesters from the TIPNIS region arrived to the Bolivian capital, La Paz, after marching 370 miles against the highway project. For the indigenous marchers, Morales’s announcement was even more victorious, coming less than a month after Bolivian riot police tried to violently break up the march near the Bolivian town of Yucumo on 25 September.

The march began on August 15 in the Bolivian lowland city of Trinidad, and was led by the Confederation of Bolivian Indigenous Peoples (CIDOB) and the National Council of Ayllus and Markas of Qullasuyu (CONAMAQ), who demanded their right to be consulted over the road construction. Such prior consultation, they say, is enshrined in the new 2009 Bolivian Constitution and international treaties, including the International Labor Organization’s Convention 169 and the UN Declaration on the Rights of Indigenous Peoples—both ratified by Bolivia.

Despite its discourse in support of the indigenous right to prior consultation, the Bolivian government failed to consult the TIPNIS communities before signing a contract with the Brazilian company Construtora OAS in 2008 to build the road, and before beginning construction on the road this year. President Evo Morales, at the time, claimed the road was vital for national integration and development. The indigenous marchers argued that a road through TIPNIS would threaten their existence and the way of life of future generations. Indigenous marchers have always said they are in favor of a road that does not go through TIPNIS. (Detailed background information).

This photo essay is a look at some of the defining moments of the two-month-long TIPNIS march, from Trinidad to La Paz; from resistance to victory. NACLA photo essay: https://nacla.org/bolivian-tipnis-march-photos

TIPNIS march arrives in La Paz 19 October (credit: Dario Kenner)