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Ecuador: misuse of the figure of terrorism to criminalize indigenous and social leaders

Friday, 11 February 2011

The International Federation of Human Rights (FIDH), the Ecumenical Human Rights Commission (CEDHU), the Regional Foundation for Assistance in Human Rights (INREDH) and the Center for Economic and Social Rights (CESR) express their concern about the increasing criminalization of social protest by indigenous communities in Ecuador mobilized in demanding their rights against large-scale mining in their territories.

After the events of September 30, 2009 in the province of Morona Santiago, 7 Shuar leaders have been accused of organized terrorism, 3 as perpetrators and arrested as accomplices 4 nonstop provisionally dismissed and 4 (acquitted).

On 1 February 2011, acacha José González, President of the Interprovincial Federation of Shuar Centers and one of the indigenous defendants, was arrested in a joint operation of Army and National Police. That same day were also arrested Pedro and Fidel Mashiant Chamik Kaniras Taisha and taken first to the Police Command of Macas, then to the local jail and finally in the afternoon, the Garcia Moreno prison in the city Quito.
The purpose of the protests of September 2009 was the draft Law on Water Resources. Indigenous communities believe that the bill does not protect the water sources of the damage caused by industrial activities, and that the Mining Act does not define precisely the precautions to be taken by companies holding concessions to avoid contamination of reserves water.
FIDH, CEDHU, and CDES INREDH considered to assimilate the indigenous Shuar, mobilized to defend their rights, "terrorism" seriously undermines the international principles of right to protest and violates the international definition of what constitute terrorist acts.
These events occur in the context of the implementation of megaprojects open pit mining in indigenous territories by foreign companies, which has contributed to increasing social unrest and lead to the violation of fundamental rights of communities.
Source: Rebellion

denounce abuse of the figure of terrorism to criminalize indigenous and social leaders
The International Federation of Human Rights (FIDH) 1, the Ecumenical Human Rights Commission (CEDHU), the Regional Foundation for Assistance in Human Rights (INREDH) and the Center for Economic y Sociales (CDES) express their concern about the increasing criminalization of social protest by indigenous communities in Ecuador mobilized in demanding their rights against large-scale mining in their territories.


After the events of September 30, 2009 in the province of Morona Santiago, 7 Shuar leaders have been accused of organized terrorism, 3 as perpetrators and arrested four accomplices as nonstop provisionally dismissed and 4 ( acquitted). On 1 February 2011, acacha José González, President of the Interprovincial Federation of Shuar Centers and one of the indigenous defendants, was arrested in an operation Joint Army and National Police. That same day were also arrested Pedro and Fidel Mashiant Chamik Kaniras Taisha and taken first to the Police Command of Macas, then to the local jail and finally in the afternoon, the Garcia Moreno prison in Quito.
The purpose of the protests of September 2009 was the draft Law on Water Resources. Indigenous communities believe that the bill does not protect the water sources of the damage caused by industrial activities, and that the Mining Act does not define precisely the precautions to be taken by companies holding concessions to avoid contamination of reserves water.
FIDH, CEDHU, INREDH and consider CDES assimilate indigenous Shuar, mobilized to defend their rights, "terrorism" seriously undermines the international principles of right to protest and violates the international definition of what constitutes terrorism. In that sense
concern is the application of Article 160.1 of the Code by the President of the Provincial Court of Morona Santiago by issuing a summons to court. Assimilate social protest actions undertaken by the Shuar people in exercising their right to organize, freedom of association and expression guaranteed in the Constitution of Ecuador and instruments International and the American Convention and the Covenant on Civil and Political Rights, to the crime of terrorism offense defined in Section 160.1 of the penal law, undermines legal framework dangerously towards the criminalization of social protest. More so when the right of resistance is fully guaranteed by the present Charter of Ecuador.
A public protest is not terrorism, organized crime, therefore the State in compliance with its Constitution and international obligations must acquit the Indians detained, subject to investigate objectively and impartially the death of Professor Bosco Wisum. There is just fear that the Indians mentioned have been charged in this case by the mere fact that organizational leaders and / or having opposed, through public demonstrations, the draft Law on Water Resources of the Government inconsulto. For this reason, our organizations condemn the criminalization of protest in Ecuador and the appeal to national courts to silence social demands.
Note that these events occur in the context of the implementation of megaprojects open pit mining in indigenous territories by foreign companies, which, coupled with the absence of state monitoring of its activities, has contributed to increasing social unrest and result in violation fundamental rights of communities.
Protests are being carried out nationwide since 2005 are directly linked to lack of participation of affected populations in environmental management, the absence of a process of dialogue and consultation mechanisms and reported to the local population and finally, the non-application of indigenous consultation guaranteed by ILO Convention 169 and the Constitution.
Furthermore, the FIDH, CEDHU, CDES INREDH and also express concern that despite the amnesties resolved by the Constituent National Assembly in 2008 for persons involved in investigations and prosecutions framed in actions to defend the territory and water, to continue repressing, arresting and prosecuting people involved with the enforcement of the rights of their communities.
Additionally, remember that the right to free, prior and informed communities and indigenous peoples are referred to in Article 57 of the Constitution of the Republic of Ecuador and in Article 6 of Convention 169 of the International Labour Organization (ILO), and reiterates its deepest concern about the violation of human rights in the contexts mentioned.

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