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MOIRA BIRSS

Moira Birss is Commun1cat1ons and Public Affairs Manager at Amazon Watch. Her articles on env, ~ r ronrrie ion and community-based economies have appeared in NACLA: Report on the Americas, Alternet I ntaf Pro

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Berta Caceres, assassinated in her home /in I londu- ras/ in March 2016, was just one of hundreds of Latin American environmental activists a11acked in recent years. At least 577 environmental human righ1s defenders (EHRDs) were killed in Latin America between 2010 and 2015-more 1han in any 01her region. In addi1ion 10 violence, EHRDs suffer legal threats and harassmenl, severely impeding their work Before Caceres' murder, she faced trumped-up charges due to her opposition 10 hydroelectric dams on her indigenous community's territory.

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

bl . ' c er sym 'er pu rc outcry. It s an effective tool . Pathy • r. h losrle a11d 1s1s, ,orcrng t em to devote time nee a . . , energr, C11v CJal resources to legal defense and 1 ' and fj,, • a so st· ·•an and alienating them from support rgll)iltizi •

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

MOIRA BIRSS

Th ,A , , n Th tee e vvomen's lnternat,onal Perspective and Common Dreams. She spent two years in Colomb,a a ese 11 •

• . . s a Hu ~es Observer and served as the US advocacy o((icer (or Peace Brigades lnternat,onal-Colomb,a. 'l"lan R,gh •

Judicia l-system harassment attem date EHRDs into silence. Such ?ts lo ini·

crim· 'llJ · transforms activism into crime t 10ali2ill' 1• . h o avoid b '011 tacucs t at tend to generate great lo0d.

L . A . ' . network np at111 men ca s 111digenous s. 0

r . Peoples at the ront Imes of the conflict i are ofi industrial exploitation of naiu 1

11 0 PPosi1;0n en ra resour lo

ces a nc1

M O I R A B I R S S

I WHEN DEFENDff\iG" fHE tAND -BECC:fMes --- -

A CRIME (2017)

M o ira Birs s IS Communications and Publi c Affa i rs Ma nager a t Am azon Wa tch . Her articles on env 1· "Onrne ion a nd community-based economies h ave appeared in NACLA: Report on the Americas, Altemet I n ta f Pr, Th

• n Th e Women 's lnternat,onal Perspective and Common Dreams. She spent two years rn Co l omb, a ese ,., ' a s a H , Obser ver and served as the US advocacy officer for Peace Brigades I n tern a t i onal-Colombi a . urnan R, ,

Berta Caceres, assassinated in her home pn Hondu ras! in M arch 2016, was just one of hundreds of Larin American environmental activists auacl<ed in recent

years. At least 577 environmental human rights defenders (EHRDs) were killed in Latin America between 2010 and 2015-more than in any orher region. In addirion to violence, EHRDs suffer legal 1hrea1s and harassment, severely impeding rheir work. Before Caceres' murder, she faced trumped-up charges due to her opposition to hydroelectric dams on her indigenous community's territory.

��

Judicial-system harassment a uern date E/-IRDs into silence. Such ?

15 t o i nr . . . cr,rn; . ,, 1ransforms acuv1sm into crim e t na l iza .

. o a vo id t i , tacucs that rend to generate grea t b /o0d . . , er sylil I public outcry. Its an effective tool . Pathy • c . h

to s 1 l e a r 1s1s, 1orc ing t em to devote tim e nee a . , e nergY. e r , , cial resources to legal defense and 1 ' a nd fi n

d / . . h f

a so S t ig an an a 1ena11ng t em rom suppo lila t j -. • . . , . rt n e t w <-In Lalin America s indigenous 0rks l . Peop les at the front Imes of the conflict i a re oft

industrial exploitation of n atu i° 0PP0si 1 ion en ra resou r lo ces a nd

��

Wh en D e fending th e Land Becom es A Crim e 379

. of traditional land tenure. EHR Os fight auon

\JsurP t the land, water, forests, animals, and Protec f I I . .

10 . orial rights o oca communities to serve ternt

11te rds of those resources. They advocate and

as ste~a against large-scale mines, oil drilling, an1ze

org lectric dams, biofuel plantations, cattle dro-e

ltY h s new highways and railways, logging op- ranc e , f d . . d . 1

. ns and other types o estructlve m ustna eratto , d velopment.

e Nearly every country in the region has ratified

rnational Labor Organization Convention 169, Jnte

hich stipulates that governments consult with in-

;igenous communities_ that will be affected b~ pro-

osed projects on their lands and some nat10nal p . y . . h Jaws are even more stringent. et, m practICe, sue

projects tend to run roughshod over community

rights and interests. When states prioritize business interests over

the rights of their citizens, they tend to see them as

obstacles instead of as citizens . ...

The Legal System as a Weapon Against EHRDs That Latin American governments readily accom-

modate powerful economic interests comes as

no surprise to Gustavo Castro, a Mexican social-

movement leader and the sole eyewitness to Ca-

ceres' murder. In the course of coordinating Latin

American anti-mining coalitions, he often sees

governments' attempt to streamline foreign invest-

ment by modifying local laws including laws guar-

anteeing freedom of expression. In paving the way

for free trade agreements (FTAs), governments have

uexpanded the concept of expropriation," Castro

argues, putting in place rules that abrogate their

own sovereignty and the rights of their people in

favor of transnational companies. As Castro explains, the cancellation of a conces-

sion can be declared an expropriation and protest a

trade impediment if it impedes the flow of goods.

To avoid trade disputes, governments outlaw protest

and criminalize activism. "It's cheaper for govern-

ments to throw some human rights defenders in jail

than pay for those million-dollar lawsuits," he says.

The rules imposed by the Peruvian government

after the US-Peru FTA and the criminalization of

EHRDs that resulted illustrate Castro's point. In

2008, the Awajun and Wampis, whose ancestral territory spans the Northern Peruvian Amazon

~rga_nized massive protests against proposed leg~

1Slat1ve decrees to make Peruvian law conform to

the FTA. These decrees would have allowed com-

panies to exploit Amazonian lands for oil, gas,

mining, and logging. Protests continued through

2009, and tensions escalated into a violent con-

frontation with police officers in Bagua, resulting

in 33 deaths. After the Bagua massacre, 54 protesters were

charged with crimes like homicide and rebellion,

and the prosecutor sought the most severe penal-

ties possible. As an example of the absurdity of the

charges, the president of a national indigenous fed-

eration, AIDESEP, faced 35 years to life for "instiga-

tion," even though he was in Lima at the time of the

confrontation. In 2016, all defendants (including one who died

while on trial) were absolved of all charges. Sev-

eral of the decrees they had been protesting were

also deemed unconstitutional because they had

not been written in consultation with indigenous

communities. The bending of government policy to indus-

try's needs is also clear in Ecuador. During his

tenure [as president, Rafael] Correa granted nu-

merous mining and oil concessions to foreign

companies on indigenous ancestral territories and

environmentally sensitive areas like the Amazon

rainforest. When EHRDs and indigenous commu-

nities protested, they were stigmatized and jailed,

and in some cases, their organizations were also

shut down. The case of the Shuar Arutam [ people] exempli-

fies the kinds of targeting of indigenous communi-

ties that occurred under the Correa adm inistration. 1

At least 80 more have been indicted protesting the

mine, and the National Indigenous Confederation

of Ecuador (CONAfE) lists more than 200 people

currently criminalized for protest in Ecuador.

CONAIE's "Amnesty First" campaign ... called

on the newly-elected president, Lenin Moreno,

to pardon these indigenous activists before they

would agree to meet with him.

Wh en D e fending th e Land Becom es A Crim e 379

. of traditional land tenure. EHR Os fight auon

\JsurP t the land, water, forests, animals, and Protec f I I . .

10 . orial rights o oca communities to serve ternt

11te rds of those resources. They advocate and

as ste~a against large-scale mines, oil drilling, an1ze

org lectric dams, biofuel plantations, cattle dro-e

ltY h s new highways and railways, logging op- ranc e , f d . . d . 1

. ns and other types o estructlve m ustna eratto , d velopment.

e Nearly every country in the region has ratified

rnational Labor Organization Convention 169, Jnte

hich stipulates that governments consult with in-

;igenous communities_ that will be affected b~ pro-

osed projects on their lands and some nat10nal p . y . . h Jaws are even more stringent. et, m practICe, sue

projects tend to run roughshod over community

rights and interests. When states prioritize business interests over

the rights of their citizens, they tend to see them as

obstacles instead of as citizens . ...

The Legal System as a Weapon Against EHRDs That Latin American governments readily accom-

modate powerful economic interests comes as

no surprise to Gustavo Castro, a Mexican social-

movement leader and the sole eyewitness to Ca-

ceres' murder. In the course of coordinating Latin

American anti-mining coalitions, he often sees

governments' attempt to streamline foreign invest-

ment by modifying local laws including laws guar-

anteeing freedom of expression. In paving the way

for free trade agreements (FTAs), governments have

uexpanded the concept of expropriation," Castro

argues, putting in place rules that abrogate their

own sovereignty and the rights of their people in

favor of transnational companies. As Castro explains, the cancellation of a conces-

sion can be declared an expropriation and protest a

trade impediment if it impedes the flow of goods.

To avoid trade disputes, governments outlaw protest

and criminalize activism. "It's cheaper for govern-

ments to throw some human rights defenders in jail

than pay for those million-dollar lawsuits," he says.

The rules imposed by the Peruvian government

after the US-Peru FTA and the criminalization of

EHRDs that resulted illustrate Castro's point. In

2008, the Awajun and Wampis, whose ancestral territory spans the Northern Peruvian Amazon

~rga_nized massive protests against proposed leg~

1Slat1ve decrees to make Peruvian law conform to

the FTA. These decrees would have allowed com-

panies to exploit Amazonian lands for oil, gas,

mining, and logging. Protests continued through

2009, and tensions escalated into a violent con-

frontation with police officers in Bagua, resulting

in 33 deaths. After the Bagua massacre, 54 protesters were

charged with crimes like homicide and rebellion,

and the prosecutor sought the most severe penal-

ties possible. As an example of the absurdity of the

charges, the president of a national indigenous fed-

eration, AIDESEP, faced 35 years to life for "instiga-

tion," even though he was in Lima at the time of the

confrontation. In 2016, all defendants (including one who died

while on trial) were absolved of all charges. Sev-

eral of the decrees they had been protesting were

also deemed unconstitutional because they had

not been written in consultation with indigenous

communities. The bending of government policy to indus-

try's needs is also clear in Ecuador. During his

tenure [as president, Rafael] Correa granted nu-

merous mining and oil concessions to foreign

companies on indigenous ancestral territories and

environmentally sensitive areas like the Amazon

rainforest. When EHRDs and indigenous commu-

nities protested, they were stigmatized and jailed,

and in some cases, their organizations were also

shut down. The case of the Shuar Arutam [ people] exempli-

fies the kinds of targeting of indigenous communi-

ties that occurred under the Correa adm inistration. 1

At least 80 more have been indicted protesting the

mine, and the National Indigenous Confederation

of Ecuador (CONAfE) lists more than 200 people

currently criminalized for protest in Ecuador.

CONAIE's "Amnesty First" campaign ... called

on the newly-elected president, Lenin Moreno,

to pardon these indigenous activists before they

would agree to meet with him.

Wh en D e fending th e Land Becom es A Crim e 379

. of traditional land tenure. EHR Os fight auon

\JsurP t the land, water, forests, animals, and Protec f I I . .

10 . orial rights o oca communities to serve ternt

11te rds of those resources. They advocate and

as ste~a against large-scale mines, oil drilling, an1ze

org lectric dams, biofuel plantations, cattle dro-e

ltY h s new highways and railways, logging op- ranc e , f d . . d . 1

. ns and other types o estructlve m ustna eratto , d velopment.

e Nearly every country in the region has ratified

rnational Labor Organization Convention 169, Jnte

hich stipulates that governments consult with in-

;igenous communities_ that will be affected b~ pro-

osed projects on their lands and some nat10nal p . y . . h Jaws are even more stringent. et, m practICe, sue

projects tend to run roughshod over community

rights and interests. When states prioritize business interests over

the rights of their citizens, they tend to see them as

obstacles instead of as citizens . ...

The Legal System as a Weapon Against EHRDs That Latin American governments readily accom-

modate powerful economic interests comes as

no surprise to Gustavo Castro, a Mexican social-

movement leader and the sole eyewitness to Ca-

ceres' murder. In the course of coordinating Latin

American anti-mining coalitions, he often sees

governments' attempt to streamline foreign invest-

ment by modifying local laws including laws guar-

anteeing freedom of expression. In paving the way

for free trade agreements (FTAs), governments have

uexpanded the concept of expropriation," Castro

argues, putting in place rules that abrogate their

own sovereignty and the rights of their people in

favor of transnational companies. As Castro explains, the cancellation of a conces-

sion can be declared an expropriation and protest a

trade impediment if it impedes the flow of goods.

To avoid trade disputes, governments outlaw protest

and criminalize activism. "It's cheaper for govern-

ments to throw some human rights defenders in jail

than pay for those million-dollar lawsuits," he says.

The rules imposed by the Peruvian government

after the US-Peru FTA and the criminalization of

EHRDs that resulted illustrate Castro's point. In

2008, the Awajun and Wampis, whose ancestral territory spans the Northern Peruvian Amazon

~rga_nized massive protests against proposed leg~

1Slat1ve decrees to make Peruvian law conform to

the FTA. These decrees would have allowed com-

panies to exploit Amazonian lands for oil, gas,

mining, and logging. Protests continued through

2009, and tensions escalated into a violent con-

frontation with police officers in Bagua, resulting

in 33 deaths. After the Bagua massacre, 54 protesters were

charged with crimes like homicide and rebellion,

and the prosecutor sought the most severe penal-

ties possible. As an example of the absurdity of the

charges, the president of a national indigenous fed-

eration, AIDESEP, faced 35 years to life for "instiga-

tion," even though he was in Lima at the time of the

confrontation. In 2016, all defendants (including one who died

while on trial) were absolved of all charges. Sev-

eral of the decrees they had been protesting were

also deemed unconstitutional because they had

not been written in consultation with indigenous

communities. The bending of government policy to indus-

try's needs is also clear in Ecuador. During his

tenure [as president, Rafael] Correa granted nu-

merous mining and oil concessions to foreign

companies on indigenous ancestral territories and

environmentally sensitive areas like the Amazon

rainforest. When EHRDs and indigenous commu-

nities protested, they were stigmatized and jailed,

and in some cases, their organizations were also

shut down. The case of the Shuar Arutam [ people] exempli-

fies the kinds of targeting of indigenous communi-

ties that occurred under the Correa adm inistration. 1

At least 80 more have been indicted protesting the

mine, and the National Indigenous Confederation

of Ecuador (CONAfE) lists more than 200 people

currently criminalized for protest in Ecuador.

CONAIE's "Amnesty First" campaign ... called

on the newly-elected president, Lenin Moreno,

to pardon these indigenous activists before they

would agree to meet with him.

Wh en D e fending th e Land Becom es A Crim e 379

. of traditional land tenure. EHR Os fight auon

\JsurP t the land, water, forests, animals, and Protec f I I . .

10 . orial rights o oca communities to serve ternt

11te rds of those resources. They advocate and

as ste~a against large-scale mines, oil drilling, an1ze

org lectric dams, biofuel plantations, cattle dro-e

ltY h s new highways and railways, logging op- ranc e , f d . . d . 1

. ns and other types o estructlve m ustna eratto , d velopment.

e Nearly every country in the region has ratified

rnational Labor Organization Convention 169, Jnte

hich stipulates that governments consult with in-

;igenous communities_ that will be affected b~ pro-

osed projects on their lands and some nat10nal p . y . . h Jaws are even more stringent. et, m practICe, sue

projects tend to run roughshod over community

rights and interests. When states prioritize business interests over

the rights of their citizens, they tend to see them as

obstacles instead of as citizens . ...

The Legal System as a Weapon Against EHRDs That Latin American governments readily accom-

modate powerful economic interests comes as

no surprise to Gustavo Castro, a Mexican social-

movement leader and the sole eyewitness to Ca-

ceres' murder. In the course of coordinating Latin

American anti-mining coalitions, he often sees

governments' attempt to streamline foreign invest-

ment by modifying local laws including laws guar-

anteeing freedom of expression. In paving the way

for free trade agreements (FTAs), governments have

uexpanded the concept of expropriation," Castro

argues, putting in place rules that abrogate their

own sovereignty and the rights of their people in

favor of transnational companies. As Castro explains, the cancellation of a conces-

sion can be declared an expropriation and protest a

trade impediment if it impedes the flow of goods.

To avoid trade disputes, governments outlaw protest

and criminalize activism. "It's cheaper for govern-

ments to throw some human rights defenders in jail

than pay for those million-dollar lawsuits," he says.

The rules imposed by the Peruvian government

after the US-Peru FTA and the criminalization of

EHRDs that resulted illustrate Castro's point. In

2008, the Awajun and Wampis, whose ancestral territory spans the Northern Peruvian Amazon

~rga_nized massive protests against proposed leg~

1Slat1ve decrees to make Peruvian law conform to

the FTA. These decrees would have allowed com-

panies to exploit Amazonian lands for oil, gas,

mining, and logging. Protests continued through

2009, and tensions escalated into a violent con-

frontation with police officers in Bagua, resulting

in 33 deaths. After the Bagua massacre, 54 protesters were

charged with crimes like homicide and rebellion,

and the prosecutor sought the most severe penal-

ties possible. As an example of the absurdity of the

charges, the president of a national indigenous fed-

eration, AIDESEP, faced 35 years to life for "instiga-

tion," even though he was in Lima at the time of the

confrontation. In 2016, all defendants (including one who died

while on trial) were absolved of all charges. Sev-

eral of the decrees they had been protesting were

also deemed unconstitutional because they had

not been written in consultation with indigenous

communities. The bending of government policy to indus-

try's needs is also clear in Ecuador. During his

tenure [as president, Rafael] Correa granted nu-

merous mining and oil concessions to foreign

companies on indigenous ancestral territories and

environmentally sensitive areas like the Amazon

rainforest. When EHRDs and indigenous commu-

nities protested, they were stigmatized and jailed,

and in some cases, their organizations were also

shut down. The case of the Shuar Arutam [ people] exempli-

fies the kinds of targeting of indigenous communi-

ties that occurred under the Correa adm inistration. 1

At least 80 more have been indicted protesting the

mine, and the National Indigenous Confederation

of Ecuador (CONAfE) lists more than 200 people

currently criminalized for protest in Ecuador.

CONAIE's "Amnesty First" campaign ... called

on the newly-elected president, Lenin Moreno,

to pardon these indigenous activists before they

would agree to meet with him.

Wh en D e fending th e Land Becom es A Crim e 379

. of traditional land tenure. EHR Os fight auon

\JsurP t the land, water, forests, animals, and Protec f I I . .

10 . orial rights o oca communities to serve ternt

11te rds of those resources. They advocate and

as ste~a against large-scale mines, oil drilling, an1ze

org lectric dams, biofuel plantations, cattle dro-e

ltY h s new highways and railways, logging op- ranc e , f d . . d . 1

. ns and other types o estructlve m ustna eratto , d velopment.

e Nearly every country in the region has ratified

rnational Labor Organization Convention 169, Jnte

hich stipulates that governments consult with in-

;igenous communities_ that will be affected b~ pro-

osed projects on their lands and some nat10nal p . y . . h Jaws are even more stringent. et, m practICe, sue

projects tend to run roughshod over community

rights and interests. When states prioritize business interests over

the rights of their citizens, they tend to see them as

obstacles instead of as citizens . ...

The Legal System as a Weapon Against EHRDs That Latin American governments readily accom-

modate powerful economic interests comes as

no surprise to Gustavo Castro, a Mexican social-

movement leader and the sole eyewitness to Ca-

ceres' murder. In the course of coordinating Latin

American anti-mining coalitions, he often sees

governments' attempt to streamline foreign invest-

ment by modifying local laws including laws guar-

anteeing freedom of expression. In paving the way

for free trade agreements (FTAs), governments have

uexpanded the concept of expropriation," Castro

argues, putting in place rules that abrogate their

own sovereignty and the rights of their people in

favor of transnational companies. As Castro explains, the cancellation of a conces-

sion can be declared an expropriation and protest a

trade impediment if it impedes the flow of goods.

To avoid trade disputes, governments outlaw protest

and criminalize activism. "It's cheaper for govern-

ments to throw some human rights defenders in jail

than pay for those million-dollar lawsuits," he says.

The rules imposed by the Peruvian government

after the US-Peru FTA and the criminalization of

EHRDs that resulted illustrate Castro's point. In

2008, the Awajun and Wampis, whose ancestral territory spans the Northern Peruvian Amazon

~rga_nized massive protests against proposed leg~

1Slat1ve decrees to make Peruvian law conform to

the FTA. These decrees would have allowed com-

panies to exploit Amazonian lands for oil, gas,

mining, and logging. Protests continued through

2009, and tensions escalated into a violent con-

frontation with police officers in Bagua, resulting

in 33 deaths. After the Bagua massacre, 54 protesters were

charged with crimes like homicide and rebellion,

and the prosecutor sought the most severe penal-

ties possible. As an example of the absurdity of the

charges, the president of a national indigenous fed-

eration, AIDESEP, faced 35 years to life for "instiga-

tion," even though he was in Lima at the time of the

confrontation. In 2016, all defendants (including one who died

while on trial) were absolved of all charges. Sev-

eral of the decrees they had been protesting were

also deemed unconstitutional because they had

not been written in consultation with indigenous

communities. The bending of government policy to indus-

try's needs is also clear in Ecuador. During his

tenure [as president, Rafael] Correa granted nu-

merous mining and oil concessions to foreign

companies on indigenous ancestral territories and

environmentally sensitive areas like the Amazon

rainforest. When EHRDs and indigenous commu-

nities protested, they were stigmatized and jailed,

and in some cases, their organizations were also

shut down. The case of the Shuar Arutam [ people] exempli-

fies the kinds of targeting of indigenous communi-

ties that occurred under the Correa adm inistration. 1

At least 80 more have been indicted protesting the

mine, and the National Indigenous Confederation

of Ecuador (CONAfE) lists more than 200 people

currently criminalized for protest in Ecuador.

CONAIE's "Amnesty First" campaign ... called

on the newly-elected president, Lenin Moreno,

to pardon these indigenous activists before they

would agree to meet with him.

When Defending the Land Becomes A Crime 379

. n of t raditional land tenure. EHROs fight Pat tO

osur t the land, water, forests, animals, and Protec ..

tO . ria l rights of local communities to serve te rn to

the ds of those resources. They advocate and

S stewa r l • ·1 d ·11· a . against large-sea e mines, 01 n mg, 30, ze

ors lectric dams, biofuel plantations, cattle dro-e hY

h s new highways and railways, logging op- ranc e '

f d • • d • l

. ns and other types o estruct1ve m ustna erauo development.

Nearly every country in the region has ratified

national Labor Organization Convention 1 69, J nte r

hich stipulates that governments consult with in-

;igenous communities_ that will be affected b� pro-

osed proj ects on their lands and some national p . y . • h laws are even more stnngent. et, 10 practice, sue

projects tend to run roughshod over community

rights and interests.

When states prioritize business interests over

the rights of their citizens, they tend to see them as obstacles instead of as citizens• • ••

The Legal System as a Weapon

Against EHRDs That Latin American governments readily accom- modate powerful economic interests comes as no surprise to Gustavo Castro, a Mexican social

movement leader and the sole eyewitness to Ca ceres' murder. In the course of coordinating Latin American anti-mining coalitions, he often sees governments' attempt to streamline foreign invest ment by modifying local laws including laws guar anteeing freedom of expression. In paving the way for free trade agreements (FTAs), governments have "expanded the concept of expropriation," Castro

argues, putting in place rules that abrogate their own sovereignty and the rights of their people in favor of transnational companies.

EHRDs that resulted illustrate Castro's point. In 2008, the Awajun and Wampis, whose ancestral territory spans the Northern Peruvian Amazon,

�rga_n ized massive protests against proposed \eg-

1slat1ve decrees to make Peruvian law conform to the FTA. These decrees would have allowed com panies to exploit Amazonian lands for oil, gas, mining, and logging. Protests continued through 2009, and tensions escalated into a violent con

frontation with police officers in Bagua, resulting in 33 deaths.

After the Bagua massacre, 54 protesters were charged with crimes like homicide and rebellion, and the prosecutor sought the most severe penal ties possible. As an example of the absurdity of the charges, the president of a national indigenous fed eration, AIDESEP, faced 35 years to life for " instiga tion," even though he was in Lima at the time of the confrontation.

In 201 6, all defendants (including one who died while on trial) were absolved of all charges. Sev eral of the decrees they had been protesting were also deemed unconstitutional because they had not been written in consultation with indigenous communities.

The bending of government policy to indus- try's needs is also clear in Ecuador. During his tenure [as president, Rafael] Correa granted nu merous mining and oil concessions to foreign companies on indigenous ancestral territories and environmentally sensitive areas like the Amazon rainforest. When EHRDs and indigenous commu nities protested, they were stigmatized and jailed, and in some cases, their organizations were also shut down.

The case of the Shuar Arutam [people] exempli- fies the kinds of targeting of indigenous communi ties that occurred under the Correa administration.

At least 80 more have been indicted protesting the mine, and the National Indigenous Confederation of Ecuador (CONAlE) lists more than 200 people currently criminalized for protest in Ecuador. CONAIE's "Amnesty First" campaign . . . called

on the newly-elected president, Lenin Moreno,

As Castro explains, the cancellation of a conces

sion can be declared an expropriation and protest a

trade impediment if it impedes the flow of goods. To avoid trade disputes, governments outlaw protest and crim inalize activism. "It's cheaper for govern

ments to throw some human rights defenders in jail

than pay for those million-dollar lawsuits," he says. The r ules imposed by the Peruvian government

after the US-Peru FTA and the criminalization of to pardon these indigenous activists before they would agree to meet with him.

I though Mo~no's govcrninp. plan stah.'S, ·N tur abo the cconom , \is\ in aluable,• he has also

nude le.u that hcpl,ms to continue the mega-mining proje t planned or underway in high-biodiversity ,,rca like the on\il lera de\ C6ndor. Paradoxically, he <,I o promi e to •re-green• the country, using rev- enue from oil and mining projects.

This double-speak is also evident from states that are home to companies behind many of the re ource-exploitation projects being contested by Latin American EHRDs. In 2016, Lolita Chavez was invited to speak before the European Parli~ment about the companies operating in her region of Guatemala. •sut when I spoke about hydroelectri~ dams, the EU !European Union) wasn't so hap~y. After all, she explains, our resources also are sought after by the world powers.~

That search for industrial development and natural resource exploitation also involves inter- national financial institutions, both public and private.

The financier of the Peruvian Yanacocha and Conga gold mine projects, which have a long his- tory of criminalizing local opposition, is the In- ternational Finance Corporation (IFC), the private lending arm of the World Bank. Like many extrac- tive industry projects in Latin America, these mines, among the largest gold mines in Latin America, are a joint venture between the IFC; an American com- pany, Newmont Mining Corporation; and a Peru- vian company, Minas Buenaventura.

In one telling instance, in April 2013, local ... leaders attended a meeting about the Conga mine organized by the regional governor. Because the location selected by the governor would not ac- commodate all the community members wishing to participate, the leaders asked the governor to move the meeting to the central plaza. During the meeting, community members made their rejec- tion of the project clear, while the governor de- fended it. Afterward, the governor filed a criminal complaint against community members for ag- gravated kidnapping, alleging that he had been forced to participate in the meeting under threat of physical violence. It took nearly four years for the charges to be dismissed. As with cases of hun- dreds of other protesters and EHRDs facing court

Proceedings, a dismissal of charges indicat I 'd • b es a

Political rather t 1an ev1 enllary asis for . the prosecutions.

Stigmatization and Defamation: A Tool to Silence Often employed together with criminalizati

fc . . on campaigns are e 1orts to stigmatize and defa . • l I me EHRDs. This strategy 1s partICu ar y useful Wh . f "d en there is a . paucity o ev1 ence to s_uppon legal claims agamst EHRDs. If the ERHD 1s so dem . on. ized that she loses commumty support, defend' . Ing herself in court becomes more difficult, as does defending herself before the court of public op· In-ion. In many cases, government officials or com

bl . . . Pa-nies carry out pu 1c1ty campaigns to incriminate EHRDs before the justice system has examined case, knowing the media will disseminate the stig~ matizing messages.

"When the first charges began to be filed against me/ remembered Lolita Chavez in our May 2017 interview, "the med~a didn't explain that I have the right to prove my mnocence but rather assumed that the accusation was truthful." Media ampli- fication increases the emotional toll caused b false accusations. Even if the defender is not foun~ guilty, the reputational damage can be sufficient to severely curtail, or even render impossible, future environmental defense work.

Throughout her defense of K' iche' land rights, Chavez has received multiple death threats, sur- vived an attempt on her life in 2012, been the object of smear campaigns, faced criminalization. uThey have accused me of illicit association, of plagiarism and kidnapping, of conspiracy . . . for opposing multinational companies, principally mining and hydroelectric projects," she told me. Over the years, Chavez has had to confront at least 25 legal cases against her, though it is hard to be sure of the exact number, let alone nature, of the legal complaints and charges against her because authorities do not always divulge such information. At times, she has had to file freedom of information requests to learn the details of cases pending against her.

Chavez has also been targeted in a sexualized way, as are many women EHRDs. "As women, we aren't affected by criminalization in the same way

I though Mo~no's govcrninp. plan stah.'S, ·N tur abo the cconom , \is\ in aluable,• he has also

That search for industrial development and natural resource exploitation also involves inter- national financial institutions, both public and private.

Proceedings, a dismissal of charges indicat I 'd • b es a

Political rather t 1an ev1 enllary asis for . the prosecutions.

Stigmatization and Defamation: A Tool to Silence Often employed together with criminalizati

bl . . . Pa-nies carry out pu 1c1ty campaigns to incriminate EHRDs before the justice system has examined case, knowing the media will disseminate the stig~ matizing messages.

Chavez has also been targeted in a sexualized way, as are many women EHRDs. "As women, we aren't affected by criminalization in the same way

I though Mo~no's govcrninp. plan stah.'S, ·N tur abo the cconom , \is\ in aluable,• he has also

That search for industrial development and natural resource exploitation also involves inter- national financial institutions, both public and private.

Proceedings, a dismissal of charges indicat I 'd • b es a

Political rather t 1an ev1 enllary asis for . the prosecutions.

Stigmatization and Defamation: A Tool to Silence Often employed together with criminalizati

bl . . . Pa-nies carry out pu 1c1ty campaigns to incriminate EHRDs before the justice system has examined case, knowing the media will disseminate the stig~ matizing messages.

Chavez has also been targeted in a sexualized way, as are many women EHRDs. "As women, we aren't affected by criminalization in the same way

I though Mo~no's govcrninp. plan stah.'S, ·N tur abo the cconom , \is\ in aluable,• he has also

That search for industrial development and natural resource exploitation also involves inter- national financial institutions, both public and private.

Proceedings, a dismissal of charges indicat I 'd • b es a

Political rather t 1an ev1 enllary asis for . the prosecutions.

Stigmatization and Defamation: A Tool to Silence Often employed together with criminalizati

bl . . . Pa-nies carry out pu 1c1ty campaigns to incriminate EHRDs before the justice system has examined case, knowing the media will disseminate the stig~ matizing messages.

Chavez has also been targeted in a sexualized way, as are many women EHRDs. "As women, we aren't affected by criminalization in the same way

I though Mo~no's govcrninp. plan stah.'S, ·N tur abo the cconom , \is\ in aluable,• he has also

That search for industrial development and natural resource exploitation also involves inter- national financial institutions, both public and private.

Proceedings, a dismissal of charges indicat I 'd • b es a

Political rather t 1an ev1 enllary asis for . the prosecutions.

Stigmatization and Defamation: A Tool to Silence Often employed together with criminalizati

bl . . . Pa-nies carry out pu 1c1ty campaigns to incriminate EHRDs before the justice system has examined case, knowing the media will disseminate the stig~ matizing messages.

Chavez has also been targeted in a sexualized way, as are many women EHRDs. "As women, we aren't affected by criminalization in the same way

Although Mof'l'no' s governing pl.m s t a ll's, • Nature 1s above the economy, \isl invalu .1blc,· he has also m.,dcclc.u that he pl.ms to continue the mega-mining projects planned or underway in high-biodiversity ,ueas like the Cordillera dcl C6ndor. Paradoxically, he also promises to · re-green " the country, using rev enues from oil and mining projects.

This double-speak is also evident from states that are home to companies behind many of the resource-exploitation projects being contested by Latin American EHRDs. In 2016, Lolita Chavez was invited to speak before the European Parliament about the companies operating in her region of Guatemala. •sut when I spoke about hydroelectri� dams, the EU !European Union! wasn't so hap�y.

After all, she explains, our resources also are sought after by the world powers.w

That search for industrial development and natural resource exploitation also involves inter national financial institutions, both public and private.

The financier of the Peruvian Yanacocha and Conga gold mine projects, which have a long his tory of criminalizing local opposition, is the In ternational Finance Corporation (IFC), the private lending arm of the World Bank. Like many extrac tive industry projects in Latin America, these mines, among the largest gold mines in Latin America, are a joint venture between the IFC; an American com pany, Newmont Mining Corporation; and a Peru vian company, Minas Buenaventura.

In one teIJing instance, in April 2013, local ... leaders attended a meeting about the Conga mine organized by the regional governor. Because the location selected by the governor would not ac commodate all the community members wishing to participate, the leaders asked the governor to move the meeting to the central plaza. During the

meeting, community members made their rejec

tion of the project clear, while the governor de fended it. Afterward, the governor filed a criminal complaint against community members for ag gravated kidnapping, alleging that he had been

forced to participate in the meeting under threat of physical violence. It took nearly four years for the charges to be dismissed. As with cases of hun dreds of other protesters and EHRDs facing court

Proceedings, a dismi ssa l o f c h arges i n d i cat h ' d • b es a

pol i tical rather t a n ev1 ent1ary asis fo r t h e prosecutions.

Stigmatization and Defa m ation: A Tool to Silence Often employed together with crim i na l i za t i f' • • on campaigns are e ,orts to stigmatize a nd defa

• • I I rne EHRDs. This strategy 1 s partICu ar y useful Wh

• f 'd en there is a paucity o ev 1 ence to support 1 . . e�J claims agamst EHRDs. If the ERHD 1 s so dem . o n. ized that she loses commumty support, defe nd· . 1 ng herself in court becomes more difficult, as does defending herself before the court of public op· 1 n. ion. In many cases, government officials or com

bl. . .

Pa- nies carry out pu 1 C1ty campaigns to incrim inate EHRDs before the justice system has examined case, knowing the media will disseminate the st ig� matizing messages.

"When the first charges began to be filed against me," remembered Lolita Chavez in our May 2017 interview, "the med_ ia didn't explain that I have the right to prove my innocence but rather assumed that the accusation was truthful." Media ampli. fication increases the emotional toll caused b false accusations. Even if the defender is not foun� guilty, the reputational damage can be sufficient to severely curtail, or even render impossible, future environmental defense work.

Throughout her defense of K'iche' land rights, Chavez has received multiple death threats, sur vived an attempt on her life in 2012, been the object of smear campaigns, faced criminalization. "They have accused me of illicit association, of plagiarism and kidnapping, of conspiracy . .. for opposing multinational companies, principally mining and hydroelectric projects," she told me. Over the years, Chavez has had to confront at least 25 legal cases against her, though it is hard to be sure of the exact number, let alone nature, of the legal complaints and charges against her because authorities do not always divulge such information. At times, she has had to file freedom of information requests to learn the details of cases pending against her.

Chavez has also been targeted in a sexualized way, as are many women EHRDs. "As women, we aren't affected by criminalization in the same way

• Chavez told me. For example, "when they as [llen, with going to jail, they tell me that

n rne 111reate. s will happen to me there. They tell me

uglY th.'1~~ape rne, both on the way to the jail and tJleY w1 •

1 arn there. once did not mince words when she spoke

Chavez . . 1· . ""' 1· . h effects of her cnmma 1zat1on. 10 1ve wit

of the cusations is to live with constant psycholog- false acture • she reported. "It has affected my life, . I tor , ,ca day-to-day. I began to be seen with all those m: s attached to me. It's been said that I am a sugma .

t to national secunty. The way I was treated ili~a ..

exhausting and has worn down my social hfe, was . . . " my family life, and my eco_nomIC s1tuat10n ..

To survive both physICally and emot10nally, Chavez explained, she has formed support net- works with other women to provide emotional, spiritual, and organizational assistance. "Creating community is what has helped me."

"We Will Continue Fighting" Criminalization can, and often does, have a seri- ously chilling effect on the work of ERHDs across Latin America. But not always.

In northern Chiapas, the arrest of a protest orga- nizer has inspired a movement against the federal government's plans to auction oil concessions in an area that overlaps with Zoque ancestral terri- tory. "The local government arrested her to silence

Wh en Defendin g t he Land Becomes A Crime 381

the movement, but by doing so just created more awareness and resistance .... " said a local protester.

As Gustavo Castro observed, "At the end of the day resistance is an ethical struggle. It is a struggle we must take up. Resistance is a principle of jus- tice, especially when we see that the people are suffering."

Lolita Chavez agreed. "We are still alive here," she affirmed to me .. . . "For as long as we continue to believe that coexistence with Mother Earth is a responsibility and a lifelong commitment, we will continue fighting. I invite all those who read this article to join with us, to create community with us. This is our hope for life."

EDITORS' NOTE 1. The Shuar Arutam nation is composed of 60 commu-

nities of about 6,000 members living in the Condor mountain range along the Ecuador-Peru border. The mountains are home to endemic species of flora and fauna, the headwaters of an important river network, and innumerable waterfalls of great importance to the Shuar people, who are known as the People of the Waterfalls. The Ecuadorian government has sold concessions to part of their territory for an open-pit copper mining project run by the company Explo- cobres S.A., a subsidiary of the Chinese companies CRCC and Tangling (Mazabanda 2017).

• Chavez told me. For example, "when they as [llen, with going to jail, they tell me that

n rne 111reate. s will happen to me there. They tell me

uglY th.'1~~ape rne, both on the way to the jail and tJleY w1 •

1 arn there. once did not mince words when she spoke

Chavez . . 1· . ""' 1· . h effects of her cnmma 1zat1on. 10 1ve wit

t to national secunty. The way I was treated ili~a ..

exhausting and has worn down my social hfe, was . . . " my family life, and my eco_nomIC s1tuat10n ..

"We Will Continue Fighting" Criminalization can, and often does, have a seri- ously chilling effect on the work of ERHDs across Latin America. But not always.

Wh en Defendin g t he Land Becomes A Crime 381

the movement, but by doing so just created more awareness and resistance .... " said a local protester.

EDITORS' NOTE 1. The Shuar Arutam nation is composed of 60 commu-

• Chavez told me. For example, "when they as [llen, with going to jail, they tell me that

n rne 111reate. s will happen to me there. They tell me

uglY th.'1~~ape rne, both on the way to the jail and tJleY w1 •

1 arn there. once did not mince words when she spoke

Chavez . . 1· . ""' 1· . h effects of her cnmma 1zat1on. 10 1ve wit

t to national secunty. The way I was treated ili~a ..

exhausting and has worn down my social hfe, was . . . " my family life, and my eco_nomIC s1tuat10n ..

"We Will Continue Fighting" Criminalization can, and often does, have a seri- ously chilling effect on the work of ERHDs across Latin America. But not always.

Wh en Defendin g t he Land Becomes A Crime 381

the movement, but by doing so just created more awareness and resistance .... " said a local protester.

EDITORS' NOTE 1. The Shuar Arutam nation is composed of 60 commu-

• Chavez told me. For example, "when they as [llen, with going to jail, they tell me that

n rne 111reate. s will happen to me there. They tell me

uglY th.'1~~ape rne, both on the way to the jail and tJleY w1 •

1 arn there. once did not mince words when she spoke

Chavez . . 1· . ""' 1· . h effects of her cnmma 1zat1on. 10 1ve wit

t to national secunty. The way I was treated ili~a ..

exhausting and has worn down my social hfe, was . . . " my family life, and my eco_nomIC s1tuat10n ..

"We Will Continue Fighting" Criminalization can, and often does, have a seri- ously chilling effect on the work of ERHDs across Latin America. But not always.

Wh en Defendin g t he Land Becomes A Crime 381

the movement, but by doing so just created more awareness and resistance .... " said a local protester.

EDITORS' NOTE 1. The Shuar Arutam nation is composed of 60 commu-

• Chavez told me. For example, "when they as [llen, with going to jail, they tell me that

n rne 111reate. s will happen to me there. They tell me

uglY th.'1~~ape rne, both on the way to the jail and tJleY w1 •

1 arn there. once did not mince words when she spoke

Chavez . . 1· . ""' 1· . h effects of her cnmma 1zat1on. 10 1ve wit

t to national secunty. The way I was treated ili~a ..

exhausting and has worn down my social hfe, was . . . " my family life, and my eco_nomIC s1tuat10n ..

"We Will Continue Fighting" Criminalization can, and often does, have a seri- ously chilling effect on the work of ERHDs across Latin America. But not always.

Wh en Defendin g t he Land Becomes A Crime 381

the movement, but by doing so just created more awareness and resistance .... " said a local protester.

EDITORS' NOTE 1. The Shuar Arutam nation is composed of 60 commu-

When Defending the Land Becomes A Crime 381

p Chavez told me. For example, "when they 35 Jlleo, w ith going to jail, they tell me that

o me t ll reate . s will happen to me there. They tell me llglY 10.\�� ape me, both on the way to the jail and tneY w 1

there w

I am • . once d id not mmce words when she spoke

cnavez . . 1 · . ,, .,... 1· • h e effects of her cnmma 1 zat1on. 10 1ve wit

of tb cusations is to live with constant psycholog false ac

re p she reported. "It has affected my life, . I 10rtu , ica

day-to-day. I began to be seen with all those rn: attached to me. It's been said that I am a 50gmas .

to national security. The way I was treated tnreat . .

exhausting and has worn down my sooal hfe, was . . . ,, rnY family life, and my eco_nom1c s1tuat10n• .

To survive both physically and emotionally,

Chavez explained, she has formed support net works with other women to provide emotional,

spiritual, and organizational assistance. "Creating community is what has helped me."

"We Will Continue Fighting" Criminalization can, and often does, have a seri

ously chilling effect on the work of ERHDs across Latin America. But not always.

In northern Chiapas, the arrest of a protest orga

nizer has inspired a movement against the federal government's plans to auction oil concessions in an area that overlaps with Zoque ancestral terri tory. "The local government arrested her to silence

the movement, but by doing so just created more awareness and resistance...." said a local protester.

As Gustavo Castro observed, "At the end of the day resistance is an ethical struggle. It is a struggle we must take up. Resistance is a principle of jus tice, especially when we see that the people are suffering."

Lolita Chavez agreed. "We are still alive here, " she affirmed to me.... "For as long as we continue to believe that coexistence with Mother Earth is a responsibility and a lifelong commitment, we will continue fighting. I invite all those who read this article to join with us, to create community with us. This is our hope for life."

EDITORS' NOTE 1. The Shuar Arutam nation is composed of 60 commu

nities of about 6 , 000 members living in the Condor mountain range along the Ecuador-Peru border. The mountains are home to endemic species of flora and fauna, the headwaters of an important river network, and innumerable waterfalls of great importance to the Shuar people, who are known as the People of the Waterfalls. The Ecuadorian government has sold concessions to part of their territory for an open-pit copper mining project run by the company Explo cobres S.A., a subsidiary of the Chinese companies CRCC and Tangling (Mazabanda 2017).

� ��

/
cial resources to legal
to
?

every country in the region has ratified

The Legal System as a Weapon Against EHRDs
e
munities
s

for aggravated kidnapping, alleging that
Stigmatiz
-
The financier of the Peruvian Yanacocha and Conga gold mine projects, which have a long history of criminalizing local opposition, is the International Finance Corporation (IFC), the private lending arm of the World Bank. Like many extrac

"We Will Continue Fighting"
EDITORS' NOTE