Thia ia a good analysis of what the brave people of the TIPNIS had to endure. A relentless Bolivian central government to prove they are in command, despite the alleged ownership of their territory in the new constitution, the indigenous people are not only fighting for their domain but also are protecting OUR national park.
Santiago Berrios writes for El Diario:
What we must not remain silent
TIPNIS: “a unilateral and colonialist consultation”
In the same way we have heard statements of the pluri-national State Vice-President and Minister of public works, who ensure that it complied with what is established by the constitutional ruling 0300 / 2012, issued by the pluri-national Constitutional Court, which in its “ratio decidendi” decided to declare the constitutionality of Law 222, but conditional on the need to “arrange” with the indigenous Peoples inside the TIPNIS, for the construction of the section 2 of the Villa Tunari – San Ignacio de Moxos road.
Prior to joining the analysis of those statements, previously it will be necessary to take into account what it means to “arrange” and what is meant by “status”. Indeed, when parties seek to a goal, as otherwise could benefit or not to these, they must previously be in agreement; i.e. “arrange” to conduct a business, through a Pact which must be fulfilled by both. On the other hand, the condition, in the legal field, refers to the requirements which are attached to the substance of some fact, act or contract. In this case, to the emerging determination of that constitutional sentence.
The conclusion referred to in the constitutional ruling teaches us that parties should be previously agreed, to design the methodology to be applied in the process of consultation, what did not happen, so also ignored the legal figure of the condition in obligation.
The concept held by the Ombudsman has its foundation in its own constitutional judgment 0300 / 2012, if take into account that is could not reach the conclusion “with all indigenous Peoples originating in”, meaning that he did so with some of them, but subject to authoritarian determinations, in some cases, or to prebends in other cases, as denounced the beneficiaries themselves of these prebends. And obviously that on these facts the Ombudsman relies to denounce it was authoritarian, colonialist and unilateral consultation.
The funny thing is that while President Evo proclaims in various international forums that his policy is the defense of the environment, land, natural resources, and human rights, in practice acts in a manner contrary to the end that in Bolivia declares that the tranche 2 of Villa Tunari – San Ignacio de Moxos road, pass it through “Yes o Yes” the TIPNIS, which belies the arguments used outside of the country.
But not only violates a constitutional ruling, which has the status of law, which is binding, but are incurred disregard and in violation of the standards such as the Convention 169 of the International Labor Organization (ILO), the political Constitution of the pluri-national State as well as the United Nations Declaration on the rights of indigenous Peoples. All this means that we go back to the colonial time, when colonists ordering and had to comply with.
The Government, which claims to be democratic and institutional, must review their attitudes and, therefore, recognize that there are incurring in errors that, unhappily, displayed precisely with that adjective used by the Ombudsman, and that is ‘their lawyers’ liability.
(The exercise of power corrupts and its submission degrades).
The following are a few of the cartoons that weren’t displayed in Bolivian Thoughts before, they also reflect Bolivian society’s perception on the deplorable governmental action:
The masquerade placed by the government on the public consultation, which had to be done prior to anything!
While the decision is to destroy the environment.
boy: “dad..! could you explain me the meaning of the “previous” word? I don’t know if its about after or before…?
dad: “oh kid!.. you put me in a dilemma… with that “TIPNIS” consultation, I don’t know if it means before or after something..!”
The TIPNIS looking at what is going on with Justice sector in Bolivia…
As corruption and inefficiency clout our lives!
This one shows the path of the “defender” of the indigenous and mother earth…
Around his decision, an empty lot of cut forest…
Would that be an “ideal” site for the illegal coca plantations from the powerful coca groups of the Chapare? from those who keep current president as their executive leader?
In the Chapare region, a radio broadcast: “after the prior-consult, the road through the heart of the ‘TIPNIS’ will be built!”
A group of narcos expressing their joy…