FINAL RESEARCH REPORT

Transcription

1 FINAL RESEARCH REPORT RQF N Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Foto: Mídia Ninja

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3 FINAL RESEARCH REPORT RQF N Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin

4 FINAL RESEARCH REPORT Effective Representation? : Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin By Derecho, Ambiente y Recursos Naturales-DAR This study was made possible by the support of the American People through the United States Agency for International Development (USAID) under contract RQF No and executed by Derecho, Ambiente y Recursos Naturales. The author s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.

5 Acronyms AAGG AAI ACIMVIP ACIPAP AIDA AIDESEP AMWAE APA BDNES CAIOP CCPAB CIDOB CIMI CMIB CNAMIB COAIB CODENPE COICA CONAMAQ CONFEINAE CONISUR CORPI - SL EIA FCUNAE FECONA FECONARINA FECONAU FEPIPA French Guiana Association of Amerindians Integrated Environmental Assessment Association of Indigenous Cabildos of the Municipality of Villa Garzón Association of Indigenous Cabildos of the Awá People Association for the Defense of the Environment Interethnic Association of the Peruvian Jungle Association of Waorani Women of the Amazon Ecuadorian Association of Amerindian Peoples National Bank of Social and Economic Development Putumayo Indian Council of Indigenous Authorities Consultative Council of the Amerindian and Bushinenguese Populations Confederation of Indigenous Peoples of Bolivia Indigenous Missionary Council Central Indigenous Women of Beni National Confederation of Indigenous Women of Bolivia Coordination of the Indigenous Organizations of the Brazilian Amazon Development Council of the Nationalities and Peoples of Ecuador Indigenous Organizations Coordinator of the Amazon Basin Council of Marcas and Ayllus of the Qollasuyo Confederation of Indigenous Nationalities of the Ecuadorian Amazon National Indigenous Council of the South Regional Coordinator of the Indigenous Peoples of San Lorenzo Environmental Impact Assessment Federation of Communes and Union of Natives of the Ecuadorian Amazon Federation of Native Communities of Ampiyacu Federation of Native Communities of Nanay River Federation of Native Communities of the Ucayali and Tributaries Federation of Indigenous Peoples of Pará Organization

6 FIEB FIP FOAG FUNAI IACHR IBAMA IICD IIRSA KIPARA KLIM LCDS MINPPI MMM MMTACC MPF OIS OMIDA ONAG ONHAE OPIAC OPIP OPKS ORAU ORPIA ORPIO OZIP PIACI RTKNN SDDH TIPNIS UCIW UN Indigenous Federation of Bolivar State Forest Investment Fund Federation of Indigenous Organizations of French Guiana National Indian Foundation Inter American Court of Human Rights Institute of Environment and Renewable Natural Resources International Institute for Communication for Development Initiative for the Integration of Regional Infrastructure in South America Embera People s Association Kaliña and Lokono in Marowijne Low Carbon Development Strategies Ministry of Popular Power for Indigenous Peoples Maria Women s Movement Campo Cidade Women s Movement Federal Public Prosecutor s Office Organization of Indigenous Peoples of Suriname Organization of Indigenous Women of Autana Organization of Indigenous Peoples of Guiana Organization of the Huaorani Nationality of the Ecuadorian Amazon National Organization of the Indigenous Peoples of the Colombian Amazon Organization of Indigenous Peoples of Pastaza Organization of the Kichwa People of Sarayaku Regional Organization AIDESEP Ucayali Regional Organization of Indigenous Peoples of Amazon Regional Organization of the East Indigenous Peoples Indigenous Zonal Organization of the Putumayo Protection of Peoples in Isolation and Initial Contact Kugapakori, Nahua, Nanti Territorial Reserve Society for the Defense of Human Rights Indigenous Territory and Isiboro Sécure National Park Union of Warao Indigenous Communities United Nations

7 Executive Summary This document aims to identify and understand the particular conditions that determine the degree of effectiveness of representation of national indigenous organizations of the nine countries of the Amazon basin that comprise the Indigenous Organizations Coordinator of the Amazon Basin (COICA). These are: AIDESEP (Peru), COIAB (Venezuela), OPIAC (Colombia), CIDOB (Bolivia), CONFENIAE (Ecuador), FOAG (French Guiana), OIS (Suriname) and APA (Guyana). In addition, the constituting organizations of these groups were taken into account in thirteen case studies of high impact development projects (oil, gas, and mining, among others). Taking into account the purpose of the study and the USAID concept of representation, which includes factors such as the capacity to influence and negotiate, project monitoring, transparency and degree of communication with the community, we considered the variable of representation in terms of the aforementioned factors, as well as some additional factors that are necessary to apply it in two distinct moments in time: during the selected case studies and at present. The analysis resulted in a general picture that identified several essential factors that best explain the effective representation of national indigenous organizations, such as the degree of transparency in coordination with the community and the capacity to attract and manage resources. These two factors, despite the dynamics and particularities that exist in each case, play an important role in understanding the dynamics of representation. It bears emphasizing, however, that each of the thirteen cases revealed particular characteristics and conditions that influenced the behavior of national indigenous organizations and their base communities, namely the changing political context of each country and the role of other actors such as civil society. These factors further complicate the scenarios of representation in the Latin American region, especially in the Amazon basin. The report is divided into four main sections. The first provides background and includes the most emblematic cases of outstanding effective representation in the framework of high-impact development projects. The section that follows details the methodology employed both for data collection and defining the proposed indicators and variables. The third section presents the case studies, the case of COICA and that of governments, businesses and banks. Finally, bibliographical references as well as appendices appear in the last section, including details of the interviews that were conducted and the databases constructed as part of the research.

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9 Foto: Apib Comunicação Table of contents Pg. INTRODUCTION 1. BACKGROUND 2. METHODOLOGY 3. MAIN FINDINGS AND CONCLUSIONS: 3.1 Case Studies - National Indigenous Organizations TIPNIS - Bolivia Orinoco Mining Arc - Venezuela APE La Cabaña case in Villa Garzón and El Orito - Colombia Belomonte and Tapajós - Brazil Sarayaku and Yasuní - Ecuador Amazon waterway and Camisea Peru Kaliña and Lokono in Marowijne - Suriname Aurora Mining Project - Guyana Amazonian Park - French Guiana 3.2 Analysis of COICA 3.3 Regional Scenario of Indigenous Organizations in the Amazon Basin 3.4 Governments, businesses and banks 4. GENERAL CONCLUSIONS 5. RECOMMENDATIONS 6. ANNEXES 7. BIBLIOGRAPHY

10 Foto: Iroz VIllagarzon Introduction According to CEPAL and World Bank data, indigenous people comprise more than 8% of the total population of Latin America (CEPAL 2014). In the case of South America, Bolivia and Peru have the largest indigenous populations. This statistical data, based on official censuses, underscores the need to address the situation of indigenous peoples in South America, and to visualize the complex structures of their organizations, and their strategies of representation and participation. The complexity and organizational diversity of indigenous people in the region has been a subject of study for centuries. However, these studies have tended to view indigenous peoples as mystical, exotic, different actors: the so-called other. Only in the past three decades have indigenous movements acquired protagonist status and moved beyond being conceived as part of a distant history. It was in Mexico and Ecuador at the beginning of the 1990s that self-identifying indigenous people entered the political scene as organized and mobilized groups to demand recognition of their rights and, above all else, participation in the political process of their countries. Until that point, debates about the definition of indigenous were full of discriminatory, paternalistic and exotic ideas. This narrative reduced their capacity to mobilize. This emergence coincided with the region s deployment of state-led development policies that placed extractive natural resource activities (usually mining and hydrocarbons) at the center of income generation. This vision of development considered the territory where indigenous people lived as an important arena for these investments. In addition to extractive activities, infrastructure projects were developed to support the strategy. These investments benefited from a scenario in which mineral and oil prices were growing at very favorable levels. In the medium term, this scenario did not result in substantial improvements to the quality of life of vulnerable populations such as indigenous people. The disparity between tax revenue from extractive activities and the non-improvement of quality of life, or receipt of the benefits from investment, provoked a political agenda among various actors affected by the situation. 10

11 It was this collision of expectations and strategies that produced an agenda to defend territorial rights and demand participation in decisions that affected their future. A parallel agenda arose regarding the need to generate income for sustainable policies and services. This situation made indigenous peoples more prominent in the political scene of the past decade. They are the ones who embody the agendas for the defense of the territory, the sustainability and conservation of natural resources, and more recently, the fight against climate change. Behind these agendas area set of power relations (organizational, media, internal, cultural, etc.), and a permanent dispute between visions of development, and expectations about their participation in the benefits brought about by so-called progress. This protagonist role of indigenous peoples has produced notable political effects: participation in the political reforms of Ecuador, including the departure of at least two presidents in the 1990s; the adoption by governments of expressly indigenous commitments, like that of President Evo Morales in Bolivia; and the different manifestations of power and negotiation around the development of extractive and infrastructure projects, such as Camisea Gas project in Peru, the Villa Garzón oil project in Colombia, Tapajós project in Brazil, and Mining Arch project in Venezuela, among others. These multiple scenarios and their complexities demonstrate the need for the development of analytical tools that will contribute to improving the relationships, comprehension and support, for and with indigenous peoples. This study seeks to contribute by furthering a timely analysis of case studies on infrastructure and extractive projects, where the participation of organizations and indigenous peoples has been fundamental. With these studies, our objective is to share the role of their representative organizations, the strategies they deploy, the difficulties they face and the agendas they defend. Our analysis begins with a dialogue with their leaders, and also applies the perspective of actors who dialogue and negotiate with each other, as representatives of governments and the private sector. We hope that this study will allow those who work with and are linked to indigenous peoples and their organizations to build more equitable, democratic and communicative relationships. We hope that these relationships will stem from the need to recognize an intercultural perspective, and that the complexities and important contributions of indigenous peoples will be continually made known. 11

12 Foto: Cancillareía Ecuador 1 Background 12

13 The study is based on the recognition of the organizational structures of indigenous peoples in the Amazon Basin, taking into account their national and subnational scope. From there, we engaged in an analysis that allowed us to broaden our understanding of the role of such organizations. To ground this analysis, we framed it in the development of extractive and emblematic infrastructure projects in the nine countries of the Amazon Basin. In that sense, it is important to remember that in the late 1990s and early 2000s, the so-called super cycle of minerals and hydrocarbons largely determined territorial management in the region. The increase in prices of these raw materials encouraged the development of extractive activities such as mining and oil throughout the continent. Even countries outside the Amazon Basin without mining traditions like Argentina and Uruguay began promoting such ventures. This regional scenario required the States to provide guarantees that the projects could be achievable and profitable. Among these guarantees were the development of major road and energy infrastructure projects. As the extractive and infrastructure frontier expanded, it began to encompass new territorial actors. The central actors in this development were indigenous people, who historically have demanded recognition of their territories. This agenda, in view of the extractive expectations of nation-states, was evidently going to create a conflict, because the companies and indigenous peoples were operating in the same territory. This context, which has become increasingly common in recent years, has led indigenous organizations to reinforce their visibility in the political and public sphere. Their agenda has included demands for respecting their rights, for participation, incorporation of their visions and expectations of development, and prior consultation on decisions and projects that affect them. The different mechanisms of dialogue, negotiation and consultation, that the indigenous peoples are a part of, are therefore case studies within the larger continental context. It is in these processes that we must identify lessons learned and best practices, both from the perspective of indigenous actors and the state, as well as from the private sector. This is an important exercise in the construction of proposals that will allow us to overcome impasses and strengthen mechanisms for dialogue and participation. To this end, we will take a closer look at the Amazon Waterway Project in Peru and the San Luis de Tapajós Hydroelectric Project in Brazil as case studies that offer lessons learned about the organizational role of indigenous grassroots organizations as well as the representation of national indigenous organizations and the response of state agencies through consultation mechanisms. 13

14 FINAL RESEARCH REPORT The Amazon Waterway Project (Peru) The Amazon Waterway is an infrastructure project to make the Marañon River, a tributary of the Amazon River, more navigable by dredging the stretch of it that runs through the Loreto and Ucayali regions. This was the first infrastructure project to include a preliminary consultation process. Fourteen indigenous communities participated through the main representative organizations such as Regional Organization of the East Indigenous Peoples (ORPIO in Spanish), Regional Organization AIDESEP Ucayali (ORAU in Spanish), Regional Coordinator of the Indigenous Peoples of San Lorenzo (CORPI-SL in Spanish) and other local organizations 1. While this was not the country s first prior consultation, it was the first one applied to the transportation sector. It also bears mentioning that it was not the first time that these organizations participated in prior consultation, which is an important point to consider. Their prior experience helps us understand why indigenous organizations were better prepared and trained in this particular consultation process. The interplay with the majority of indigenous participants and coordination through their representative organizations has set a standard for the construction and deployment of negotiation strategies. This ensured sustained support from the organizations at each stage of the consultation. As a result, the follow-up and permanent support to the process culminated in the formulation of several agreements. Regarding to the state s participation, the Ministry of Transport and Communications played a key role as promoter of the consultation; the Ministry faced a challenging process of learning and dialogue. As its representatives have publicly recognized, a lot of effort was required not only to implement the consultation regulations, but, above all, to exercise intercultural dialogue. At the beginning of the process, the question arose as to whether consultation was appropriate regarding a public transit route through the river, and whether a river qualified as territory. In response, the indigenous organizations explained that, according to their worldview, territory includes both land and water, especially if the areas they inhabit are areas that flood during several months of the year. In addition, according to their culture, rivers are the repositories of spirits, their ancestors and their knowledge. State authorities initially resisted this definition of territory. However, as the consultation process continued, the recognition of the sacred sites, and the cultural components that made the river, was promoted as a living element of indigenous culture. The state, operating in a framework of good faith and intercultural dialogue, accepted the definitions proposed by indigenous organizations. This step proved to be a touchstone of good faith that reinforced trust between the actors involved in the consultation. This does not mean that tensions were eliminated. As is the case with every such process, there were requests for respecting the achieved results, and for continuous evaluation of the development of the process. 1 Prior Consultation Plan Amazon Waterway. 14

15 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Tapajós Hydroelectric Project (Brazil) This project is located in the Tapajós basin, on territory inhabited by the Mundukurú indigenous people. For them, the context of hydroelectric plants is not new. In the 1980s and 1990s, this community faced several attempts by the state to develop hydroelectric power plants in its watersheds, as well as waterway projects in support of agribusiness. Within this framework, a series of significant agreements were reached, which set a benchmark for later consultation processes. One agreement included that if new impacts were identified, the project s Environmental Impact Study (EIA) would be consulted. This means that consultation would not be limited to the project s initiation phase, but would be carried out throughout the process. Other agreements included: incorporating indigenous scholars into the technical team that developed the EIA; recognizing an independent indigenous surveillance program trained by the Ministry of Transport and Communications; and lastly the creation of a Multisector Working Group composed of 11 ministries, regional governments and indigenous organizations to address issues that transcended the waterway project. All of this undoubtedly represents a significant positive experience for the state and indigenous peoples on the way to strengthening mechanisms for participation, representation and consultation. It is from this learned experience, that the Mundukurú People sought, from the project s outset, to build networks of solidarity as part of a strategy to express their opposition. This quest for dialogue among allies led to an agenda for action at different levels and across a number of subject areas. Consequently, they maintained a demand for territorial recognition as a means for guaranteeing the area s protection. They wanted territorial security before entering into dialogue with any external agent. Another strategy involved opening the disputed territory for the organization of assemblies, forums and events that would promote the public discussion of the threats represented by the hydroelectric project, thereby drawing media attention. One last strategy involved legal action. In this area, the Mundukurú and other indigenous groups worked with the Public Ministry, a permanent body that is not part of the Executive Branch. The ministry is therefore independent in its guarantee of jurisprudence in favor of the legal order and social welfare. Several legal claims were prepared based on the recognition of the ancestral possession of the territory, and a lawsuit for failure to carry out a prior consultation for the development of the project. This last aspect served as a key rallying point for the other strategies, and was strengthened since the organization of the assemblies. The consultation exercise was recognized by the Public Ministry itself, acknowledging that the exercise of assemblies to express their position was part of an internal consultation of the Mundukurú People. 15

16 Foto: Pedro Biondi 2 Methodology 16

17 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin This document uses the USAID s definition of effective representation, which includes the following: 1. Negotiate (defend) the rights and interests of indigenous peoples vis-à-vis the state and the private sector, 2. Influence in decisions related to development projects that affect indigenous peoples land and resources, 3. Participate in the active monitoring of development projects and the promotion of corrective measures 4. Represent constituents in a transparent and democratic way 5. Maintain clear and opportune communication with the grassroots. Building on this definition, an operationalization process was carried out, which identified the variables to structure this research, taking into account the particularities and characteristics of each of the national indigenous organizations from the nine countries that share the Amazonian Basin. In terms of this definition, we propose the following research outline to understand the level of representation through three variables: negotiation capacity, level of transparency, and level of participation of women in the organization. We consider these three variables to be essential to understanding the level of representation that national indigenous organizations possess in terms of actually representing their grassroots base. USAID Elements 1. Negotiation/defense of the rights and interests of indigenous peoples relative to the state and private sector 2. Influence in decisions related to development projects that affect the land and resources of indigenous peoples. 3. Participation in the monitoring of development projects and the implementation of corrective measures. 4. Transparent and democratic representation. 5. Maintenance of clear and opportune communication with the grassroots. 6. Participation of women in indigenous organization. (Incorporated by DAR) DAR Proposed Elements I. Negotiation Capacity II. Transparency Level III. Participation of Indigenous Women Main concept to analyze Representation 17

18 FINAL RESEARCH REPORT Definition of variables to be used in the study Following this outline, we consider representation as a dependent variable, which is explained by three independent variables: 1. Negotiation Capacity 2. Transparency Level, and 3. Participation of Indigenous Women. These three are proposed as confidence variables that will be measured in two different ways. This choice was made due the complexity of standardizing the analysis taking into account the different time frames of each of the thirteen case projects chosen. The first measurement is related to the time when each one of the thirteen case studies selected for the study took place. The second measurement relates to the situation of the present day, taking into account the present conditions of each national indigenous organization. With these elements we have the opportunity to construct a regional scenario where the homogenized measurements can be presented to allow a suitable comparison. Both time measurements will be taken as a nominal measurement of the values, and consequently, each one of the three dependent variables will have two distinct values, one for each of the two proposed time measurements. This will allow us to understand the level of representation of the national indigenous organizations at both moments in time. The first variable, Negotiation Capacity, will have two indicators for the first time measurement (taken at the time of the case study): 1) the existence of unified leadership or spokespersons, which allows us to gauge the level of coordination between the national indigenous organization and its grassroots, as well as the type of leadership exercised and of the organization; and 2) the existence of formal spaces of consultation and negotiation with the state and the private sector. For the second time measurement (taken in the present day), we will apply indicators corresponding to territorial representation and technical capacity. Case Study Indicators Variable Indicators of current conditions Existence of unified leadership or spokespersons. Verify whether there were coordination platforms and/or joint pronouncements that involved the coordination of indigenous leaders of both national and regional and/or local organizations during the time of the case study. Management capacity. Taking into account the existence of a unit or group of personnel (technical/advisory) within the indigenous organization. Spaces for formal consultation and negotiation. Verify whether national indigenous organization, or regional and local affiliates, participated in dialogue tables/consultation processes facilitated by the state. Negotiation Capacity Representation of territorial grassroots groups. Taking into account coverage of the national territory and the presence of grassroots groups affiliated with the national indigenous organization at a minimum of 50%. 18

19 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin The second variable, Transparency Level, will have as indicators for the first time measurement: 1) the holding of community assemblies between national indigenous organizations and grassroots organizations, taking into account the frequency and nature of these assemblies; and 2) the absence of corruption, or, in case corruption is found, taking into account the corrective measures that were applied. For the second time measurement, we will use as indicators the holding of elections and the existence of accountability. Case Study Indicators Variable Indicators of current conditions Community Assemblies with grassroots organizations. Refers to the holding of community assemblies and/or meetings of leaders of the national, regional and/or local organization where accountability is presented and decisions are explained. Election processes. Taking into account the election of representatives in compliance with the statutes of the national indigenous organizations and with the participation of their regional affiliated bases. Absence of corruption. Refers to the nonexistence of corruption and, in cases where it did exist, whether actions were taken by the indigenous organization to correct the matter. Transparency Level Accountability. Refers to the holding of general assemblies with the presentation of progress regarding the organization s project budget balances and management. The third variable, the Level of Participation of Indigenous Women, will have as indicators in the first time measurement: 1) the actual participation of women; and 2) the presence of women in leadership roles within national indigenous organizations. For the second time measurement, we will apply as indicators a gender quota and the role of women in management within the organization. Case Study Indicators Variable Indicators of current conditions Female participation. Verification of organic female participation within the indigenous organization. Gender Quota. Refers to the existence of a Secretary of Gender,2 present in instances of management or membership of the group. Presence of women in leadership positions. Refers to whether women held any type of position within the organization during the period of analysis. Participation of Indigenous Women Role of women in management of the organization. Refers to whether women participate in the management of the organization or are in charge of the development of projects. 2 Secretary of Gender refers to a position within an indigenous organization that works on issues related to gender. 19

20 FINAL RESEARCH REPORT Data Collection and measurement The data collection tool used in this study consisted of semi-structured interviews with national indigenous organization leaders and the grassroots, as well as the government, companies and bank officials. This data collection process was complemented with a review of secondary sources and official documents for each one of the thirteen case studies. Additionally, considering the diversity and complexity of the nine indigenous organizations, we propose a dichotomous measurement structure for each indicator. Thus, if requirements are met, the indicator will receive a value of 1, and if they are not met, it will receive a value of 0. This modality of measurement attempts to create an effective measurement that overcomes the limitations and unique differentiators of each national indigenous organization. Further, in order to clarify the rankings, the analysis of each case will be complemented with a description of the aforementioned unique differences among the national indigenous organizations. As previously stated, the level of representation for each national indigenous organization will be measured using the three proposed independent variables (negotiation capacity, level of transparency, participation of indigenous women) during two distinct periods in time. Thus we will take into account the type of particular measurement for each period understanding the complexity of the setting in which it occurs and the dynamics of the national indigenous organization and their grassroots organizations in particular contexts. The first measurement will be focusing on the framework of development projects seeking to understand the strengths and weaknesses in the level of representation under these particular conditions. It is necessary to mention that the choice of high-impact projects was made mainly due to their size and impact on each country s economy, the level of impact they have (or have had) in the territories of indigenous peoples, and the level of participation of government and the private sector (bank and company) actors. Foto: Eddie Arrossi / CIDH 20

21 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin On the other hand, the second measurement will consider the current conditions faced by each national indigenous organization in its respective country. We will take into account not only political, social, and economic conditions, but also the dynamics of each national indigenous organization s relationship with the state. In short, we propose to carry out the measurement of current levels of representation as related to the proposed indicators for each variable. Additionally, considering that national indigenous organizations are social organizations that form part of civil society, we assume that these have their own particular dynamics and forms of participation to support or to resist reforms. Therefore, we understand that these organizations undergo periods of conflict and confrontation, and play an active social role, not only within their grassroots organizations, but also in interactions with the public and/or private actors. Similarly, there are also periods of dormancy when conflicts are absent. Following this logic, we understand that the levels of representation of national indigenous organizations will be conditioned by the context under which these develop, which is why we have proposed two time measurements that allow contrasting representation levels during emblematic cases and at present day circumstances. In addition, we will include a correction factor, which we were able to develop based on information obtained complementarily, outside of the case studies, during the period of preparation of this report. This correction factor will all us to understand the dynamics of the national indigenous organizations within their contexts and to make projections in each of the situations faced by the nine organizations of the Amazon Basin. This gives us a fuller picture that more accurately reflects the indigenous organizations. This methodology makes it possible to identify the strengths and weaknesses in the level of effective representation of national indigenous organizations with their constituent organizations in each of the nine countries constitute the Amazon region represented by COICA. We chose to focus on COICA as a regional Amazonian organization for three main reasons: first, due to the territorial location of the infrastructure projects and the COICA-affiliated grassroots organizations; second, because it is the only regional organization in the Amazon that covers the nine countries comprising the Amazon Basin, including Spanish-, English-, Dutch- and French-speaking nations; and third, because COICA is an important coordination space based on the location of its grassroots, its presence at regional and national levels through assemblies, its active participation in the field of climate change and its presence in international organizations such as the Inter-American Court of Human Rights (IACHR) and the United Nations (UN). 21

22 FINAL RESEARCH REPORT Assignment of values for measurement In terms of the value scale used in this study, variables that comply with all of the proposed indicators will be rated high, those that comply with half of the indicators will be rated moderate and those that comply with none of the indicators will be rated low. Consequently, a national indigenous organization will be deemed to have a high capacity for negotiation to the extent that it has unified leadership and/or spokespersons and has participated in formal consultation and/or negotiation spaces during the case study s time period. In the present day, a high negotiating capacity will reflect effective territorial representation in at least 50% of the grassroots located in the country s Amazon region and the existence of technical or advisory teams. Secondly, during the time period of the case studies, an organization s level of transparency will be deemed to be high when it has held coordination assemblies with its grassroots and there has been no acts of corruption. The present day analysis will take into account the implementation of accountability mechanisms and the holding of free elections within the national indigenous organization. Finally, regarding the participation of indigenous women, a high rating during the case study period reflects the existence of evidence that indigenous women occupied management positions within the organization. Present day analysis will take into account not only gender quotas within the indigenous organization but also the role that women play in the management of the organization or in project development. Independent Variable Scale Value 1. Negotiation capacity 2. Transparency Level 3. Indigenous women s participation level High 2 Moderate 1 Low 0 These two time measurements, based on the values of the three proposed variables, will provide levels of representation at two different moments in time. In order to provide an overall evaluation for each national indigenous organization, these two values will then be compared using the ratings high, moderate and low. We begin with the premise that none of the organizations have achieved a high level of representation. If that were the case, that would imply high level attainment of indigenous peoples rights and that has not happened in any of the countries that share the Amazon Basin. To summarize, we propose a scale of values that rates the level of representation as high when the sum of the values equals 6. Nevertheless, we also recognize the advances made by the nine national indigenous organizations. Therefore, the moderate rating will be awarded when the sum of the two values is less than or equal to 5. A low rating will be assigned when the sum is less than two. 22

23 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Dependent Variable Scale Value High 6 Representation Level Moderate Low

24 Foto: Candelaria Herrera Vásquez 3 Main Findings 24

25 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin 3.1 Case Studies Indigenous Organizations ROAD CONSTRUCTION PROJECT FOR THE INDIGENOUS TERRITORY AND ISIBORO SÉCURE NATIONAL PARK (TIPNIS) BOLIVIA National Organization: Confederation of Indigenous Peoples of Bolivia (CIDOB) Sub-National Organization: Sub Central TIPNIS TIPNIS Case Project to construct a highway that unites localities from Villa Tunari to San Ignacio de Moxos, part of the Cochabamba-Trinidad Road Project. At the beginning of the year 2000, the project was identified as part of the unifying axes of the Initiative for Unification of South American Regional Infrastructure (IIRSA), which was financed through the National Bank of Social and Economic Development (BDNES). The construction of this section of the road will boost different activities such as forestry, agriculture and also will create some tension for the use of the land because of coca leaf crops. The construction of the road will have an impact on the natural reserve and indigenous territory affecting the biodiversity, hydrological system and also the customs of the ethnic groups that live inside the territory (Chimanes, Moxeños and Yucararés). As can be seen in the following table, the CIDOB organization managed to develop a moderate level of representation. The organization developed an important negotiation capacity as a result of the establishment of close coordination with its grassroots bases. CIDOB also participated in formal negotiation platforms with the government. Its level of transparency was at a moderate level because, although there were spaces of discussion after the eighth march in 2011, neither the organization nor its grassroots were exempted from corruption cases associated with the appropriation of goods and resources obtained during the march. Thirdly, during the march, the participation of women in leadership roles was significant, such as the participation of woman leader Nelly Romero and the participation of women in organizations such as CNAMIB. 25

26 FINAL RESEARCH REPORT During events such as the eighth protest march, CIDOB achieved its objective of securing indigenous territory prior to the construction of the second section of the Villa Tunari-San Ignacio de Moxos road. The CIDOB and its grassroots achieved a favorable response from the government, as can be seen in the promulgation of Law No. 180, which protects indigenous territory inside TIPNIS. Measurement Table 1 (per case) Variable Case Study Indicators Score Negotiation Capacity Unified leadership or spokesperson Existence of formal negotiation spaces x x HIGH Transparency Level Community Assemblies with grassroots organizations Non-existence of corruption cases - x MODERATE Participation of Indigenous Women Female participation inside organization Existence of leadership positions for women x x HIGH Representation Level of CIDOB in TIPNIS case MODERATE At present, the organization is going through a difficult period due to the internal division experienced in This resulted in the establishment of parallel governing boards. The first board has continued to receive financial and technical support from the government as it considers it to be official. The second board, referred to as the organic board, is not fully recognized by the grassroots bases that it represented prior to the split and lacks the financial resources to engage in advocacy efforts in Bolivia. Nonetheless, this organic governing board and its leader, Adolfo Chávez (currently in exile), still holds elections for its board, maintains the presence of women within the organization and the board is recognized by COICA. 26

27 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Foto: R Araoz 8th Indigenous March for the protection of the Indigenous Territory and Isiboro Secure National Park (TIPNIS) Measurement Table 2 (current conditions) Variable Current Conditions Indicators Score Negotiation Capacity Transparency Level Participation of Indigenous Women Management capacity (technical staff/ advisors) Territorial Community Representation - Election Processes Accountability - Female participation inside organization Existence of leadership positions for women - Current Representation Level of CIDOB - x x LOW MODERATE MODERATE LOW 27

28 FINAL RESEARCH REPORT In the following table, we observe the most salient difference between the two time periods in relation to negotiation capacity. This difference is mainly the result of grassroots support and technical capacities at the time of the TIPNIS case. Today however, after the split, the CIDOB lost all of these elements. As a result, the level of transparency also fell due to a lack of spaces to hold grassroots assemblies and due to the reduction in financial resources for the organization. On the other hand, although the participation of women was maintained, women have not become able to have a direct influence on decision-making in the organization, except in cases like those of Nelly Romero. Mobilization for the defense of TIPNIS Foto: R Araoz 28

29 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Next, we compared CIDOB s level of representation in the two time periods. The table and graph below show this analysis. The vertical axis represents a value based on the product of the measurements. The horizontal axis divides the graphic in the two time periods: during the case study and in the present day. The table clearly shows that CIDOB s level of representation has declined since the previously described events. Specifically, its level of representation fell from a score of 5 as measured during the time of the case study to a score of 2 as measured in the present day. Dates Representation Level General Score Current Situation 2017 LOW 2 TIPNIS Case ( ) MODERATE 5 29

30 FINAL RESEARCH REPORT Final reflections Episodes like TIPNIS marked an important point for the CIDOB, evidencing fissures in the organization and the loss of leaders either through departures to assume public office or through persecution. As a consequence, CIDOB is no longer the clear representative of indigenous peoples. CIDOB s parallel governing board, created in 2012 and self-named as Organic CIDOB, lead by Adolfo Chávez, continues to exist although it does not have the financial support and an adequate technical team. It still continues to express opposition to the highway and to support the demands of rural areas, albeit with reduced capacity. COICA has provided important political support to the Organic CIDOB since the split; this includes raising awareness of the problems and impacts of policies and denouncing the Bolivian government at major international forums. Its financial support, however, has been limited. COICA General Coordinator Edwin Vasquez believes that it is important to work with grassroots communities and unify perspectives in order to then go before an Assembly (GAMPI) and build a platform that would enable the organic CIDOB to regain the leading representation role it had prior to the split. The representation dynamics of indigenous peoples became more complicated by the fact that there exists legislation that recognizes their rights, but at the same time the current government continues to aggravate the contradictions between a discourse in favor of indigenous populations and the actions to promote an extractive agenda that affects their territorial rights. Indigenous organizations, as in the case of CIDOB, have been experiencing processes of internal crises, which have led to the loss of their leaders, either because of involvement in acts of corruption like the misuse of funds or through government persecution for leading protests against the government. Another phenomenon has been the progressive distancing of leaders from their grassroots bases, either because they prioritize an activist agenda or they have integrated into government organisms. The scenario presented is negative for the indigenous population in Bolivia because the tendency of indigenous organizations is to move away from strengthening and development in favor of regressive processes involving the loss of autonomy and connection with their grassroots. According to the interviews carried out with organizational leaders, regional and not just national unity is the only way to reverse this situation and achieve strong and transparent coordination. 30

31 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin ORINOCO MINING ARCH VENEZUELA National Organization: Regional Organization of Indigenous Peoples of Amazon (ORPIA) Sub-National Organization: Indigenous Federation of Bolivar State (FIEB) Orinoco Mining Arc Case This is a new zone designated by the Venezuelan government to stimulate the exploitation of minerals through mining concessions to more than 150 national and transnational companies. This zone, which is around 12% of the surface of Venezuela, includes a great part of the State of Bolivar and a part of the State of Amazonas where the territorial grassroots of ORPIA are located. There is already a presence of armed groups and mafias linked to illegal mining activities. Also, the amazon region already faces the threat of epidemic diseases such as malaria. The effects of the mining activities would not only cause deforestation of the territory and reduction of the endemic species of flora and fauna, but would also affect the water quality in the Delta of the Orinoco and the customs of the indigenous peoples. As shown in the table below, at the time of the Orinoco Mining Arc case study, ORPIA had a moderate level of representation despite facing several adversities, most of which were due to the lack of resources. Even so, ORPIA persisted in representing its grassroots claims about the impact of the project on indigenous territory. The organization s level of negotiation was however moderate, because, although there was coordination between the board members that represented the grassroots, the organization did not participate in formal negotiations beyond unsuccessful meetings with some government officials. Although a high level of transparency was observed, grassroots assemblies were increasingly postponed due to the lack of resources to hold them. There are no recorded cases of corruption, and its current president, Gregorio Mirabal, noted that when the organization received funds from external sources, subsequent audits did not find any issues. The participation of women in ORPIA is limited to one position, the Secretary of Gender, and to parallel women s organizations, such as the Organization of Indigenous Women of Autana (OMIDA), which have supported the decisions and claims made in the Mining Arc case. 31

32 FINAL RESEARCH REPORT Measurement Table 1 (per case) Variable Case Study Indicators Score Negotiation Capacity Unified leadership or spokesperson Existence of formal negotiation spaces - x MODERATE Transparency Level Community Assemblies with grassroots organizations x HIGH Non-existence of corruption cases x Participation of Indigenous Women Female participation inside organization - Existence of leadership positions for women x Representation Level of ORPIA in Mining Arch case MODERATE MODERATE Currently, ORPIA is going through an increasingly difficult period of time due to the worsening situation in Venezuela, where government repression has been increasing and the government of Nicolás Maduro has cut its support to those sectors of the population that oppose it. ORPIA lacks technical units and advisors, and its grassroots representation is diminishing because of government cooptation and repression towards regional indigenous organizations. Despite the lack of resources, Mirabal indicates that ORPIA still maintains a platform to discuss and present action plans among a reduced number of members. Similarly, it still holds elections, which allows it to maintain a level of transparency despite the circumstances. The participation of women, despite having a representative on the steering committee, continues to be secondary because this minority representation does not carry much weight in the decision-making process. In the face of these difficulties, it is striking that the organization has not ceased to defend territory and indigenous rights. 32

33 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Measurement Table 2 (current situation) Variable Current Conditions Indicators Score Negotiation Capacity Management capacity (technical staff/ advisors) Territorial Community Representation - - LOW Transparency Level Election Processes Accountability x x HIGH Participation of Indigenous Women Female participation inside organization x Existence of leadership positions for women - Current Representation Level of ORPIA MODERATE MODERATE The chart below shows that, although the two time periods are fairly close to each other, there has been a significant progressive decline in negotiation capacity; this is due to the lack of funds needed to maintain grassroots networks and to pay for technical teams and advisers. On the other hand, the levels of transparency and the participation of women have been sustained because the organization s steering committee has remained accountable to its grassroots base and women continue to play a secondary role in the decision-making process. 33

34 FINAL RESEARCH REPORT Consequently, as the following chart indicates, although ORPIA still maintains a moderate level of representation, there is a downward trend between the two time periods represented on the horizontal axis. In the first time period, the representation score, as shown on the vertical axis, was 4; in the second time period, it fell to 3. Dates Representation Level General Score Current Situation 2017 MODERATE 3 Mining Arch ( ) MODERATE 4 Settlement in the Orinoco Mining Arc Foto: Luis Adolfo Ovallez 34

35 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Final reflections ORPIA has tried to implement its own agenda in defense of communal interests in the Amazon, but faces a complicated context marked by the struggle against the government institutions and main enterprises involved in the Orinoco Mining Arc Projects. Also, the lack of financial support makes the situation more difficult as ORPIA does not have any technical full-time employees; it makes up for this, however, with the commitment of the organization s main representatives. While ORPIA s persistent pursuit of its own agenda has allowed the organization to continue to be recognized as a valid interlocutor before some government sectors like the vice-president s office and opposition sectors in the Senate, it has also led other sectors of government, like the Ministry of Popular Power of Indigenous Peoples, to identify ORPIA as an advocate of foreign interests opposed to extractive activities. At the same time, sectors of the opposition identify ORPIA as Chavista. President Gregorio Mirabal points out that ORPIA is still in its growing phase, and it tries to avoid being co-opted by particular political interests by maintaining an indigenous agenda of its own. In terms of its relationship with COICA, ORPIA s biggest problem is funding, for Edwin Vasquez, this is the main issue. However, despite the problems that Venezuela faces, the structure of the organization has been functioning well. The representation of indigenous populations in Venezuela has been defined by the progressive loss of their organizations and a growing preponderance of government institutions that have coopted their communal spaces. There is a trend of governments including certain rights in the constitution as part of their political agenda, only to ignore these rights when they become inconvenient, for example when carrying out high-impact extractive projects. Indigenous organizations face a situation that has become increasingly more difficult, wherein dependence on the state reduces their capacity for grassroots action. The weakening of these organizations has also been exacerbated by the loss of members who have launched parallel organizations and/or become part of state institutions. It is very difficult to predict a future scenario for Venezuela s indigenous population due to the uncertainty caused by the conflict between the government and its opposition. 35

36 FINAL RESEARCH REPORT APE la Cabaña VILLA GARZÓN VILLAGE & EL ORITO COLOMBIA National Organization: National Organization of the Indigenous Peoples of the Colombian Amazon (OPIAC) Sub-National Organizations: Indigenous Zonal Organization of the Putumayo (OZIP) Association of Indigenous Cabildos of the Awá People (ACIPAP) Association of Indigenous Cabildos of the Municipality of Villa Garzón (ACIMVIP) El Orito case Oil exploitation project carried out by Ecopetrol S.A. and Petrominerales Colombia Ltd. in the territory of the Awá people, whom the Ministry of Internal Affairs refused to recognize, as it expanded a certification that ignored the rights of this ethnic minority in the municipality of Orito. APE La Cabaña Villa Garzón case Oil exploration project conducted by the Canadian company Gran Tierra Energy Colombia that since 2012 relied on Resolution 0573 passed by the Prior Consultation Directorate within the Ministry of Internal Affairs- DCP. This resolution denies the presence of the Inga people in the municipality of Villa Garzón and Puerto Caicedo, areas of oil exploitation impact. The main negative effect suffered by the indigenous peoples in both cases was the non-recognition of their existence by the State in the affected territories. As a result of non-compliance with environmental management plans by the companies, indigenous peoples have been affected in their fishing and farming activities. Another threat are the armed groups linked to drug trafficking activities. In the case of El Orito (Nº1), OPIAC had a low level of representation with respect to its grassroots organization ACIPAP. The lack of backing from the national organization towards its grassroots organization for more than a decade led the grassroots organization to decide to cease its affiliation with the subregional organization, OZIP, which is a regional subsidiary of OPIAC. OPIAC s 36

37 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin negotiation capacity as a national indigenous organization was low since it was ACIPAP that developed activities that achieved a favorable decision from the Constitutional Court, which translated into an action of protection from the company in the affected territory. Consequently, transparency was less than ideal because, although cases of corruption were not documented, we were able to find out through interviews that there were attempts by the company to make financial payments to members of the grassroots organization; additionally, coordination platforms such as assemblies were non-existent. The participation of women played a secondary role. In the case of the APE La Cabaña project (Nº2), located in the municipality of Villa Garzón, OPIAC was able to develop a higher level of representation by closely working with the ACIMVIP organization, achieving a high level of negotiation and transparency in this case. This is illustrated by the class actions that led to the ACIMVIP obtaining a remedy of protection in two judicial instances with the support of OPIAC as well as of relevant government institutions. Several assemblies and coordination meetings were held between the national and the grassroots organizations, and no cases of corruption were documented. Finally, the role of women within the organization was absent. Measurement Table 1 (per case) Variable Case Study Indicators Nº 1 Case Score Nº 2 Case Score Negotiation Capacity Unified leadership or spokesperson Existence of formal negotiation spaces - x LOW - x HIGH Transparency Level Community Assemblies with grassroots organizations Non-existence of corruption cases x x MODERATE - x HIGH Participation of Indigenous Women Female participation inside organization Existence of leadership positions for women x x MODERATE - - MODERATE Representation Level of OPIAC in El Orito Case (Nº1) and APE La Cabaña (Villa Garzón) Case (Nº2) LOW MODERATE 37

38 FINAL RESEARCH REPORT Presently, OPIAC is one of the most important organizations in Colombia, as it is one of six organizations participating in the peace process, which is currently one of the state s most important spaces for dialogue. However, it should be noted that the organization s representation dynamics varies with respect to each regional affiliate: needs vary depending on each affiliate s territory and composition. Further, although OPIAC still maintains a high level of negotiation capacity, there have been recent instances where the grassroots organization has raised questions regarding accountability. This has affected OPIAC s level of transparency at times. Lastly, although OPIAC has put in considerable efforts in promoting the participation of women, the situation is still far from the ideal scenario, with effective participation by women in the management and administration of the organization. Measurement Table 2 (current situation) Variable Current Conditions Indicators Score Negotiation Capacity Management capacity (technical staff/ advisors) x HIGH Territorial Community Representation x Transparency Level Election Processes Accountability x x HIGH Participation of Indigenous Women Female participation inside organization x Existence of leadership positions for women - Current Representation Level of OPIAC MODERATE MODERATE 38

39 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin The following chart shows how the variables of negotiation capacity, transparency and participation of women vary drastically in each case despite the short span of time between them. This is due to several factors, including Colombia s political and territorial landscape, and the challenges that OPIAC is facing by the fact that the dynamics at the national and grassroots levels are shaped by the particular conditions and circumstances of each case. However, it is important to keep in mind that OPIAC is recovering from episodes that affected its level of transparency in the eyes of its grassroots organizations, as well as the fact that the current peace talks between the government and the FARC represent a threat not only to OPIAC, but also to other national organizations, since they put the rights of indigenous peoples, especially their territorial rights at risk. The following table indicates the peculiar level of representation that OPIAC has demonstrated as a national indigenous organization. The horizontal axis shows the level of representation from one case to the other. On the vertical axis, we can see that it scored a 5 in the APE La Cabaña case, but a 2 in the El Orito case. The score of 5 for the present day indicates the organization s continuing improvement in this regard. Dates Representation Level General Score Current Situation 2017 MODERATE 5 El Orito case (2016) LOW 2 APE La Cabaña case (2015) MODERATE 5 39

40 FINAL RESEARCH REPORT 40

41 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Final reflections The two case studies illustrate a contrast in terms of OPIAC s representation effectiveness. In the El Orito case, OPIAC had a limited presence, and this sparked internal disputes, which led the subnational organization ACIPAP to manage itself with its own mechanisms which enabled them to obtain the protection remedy. Consequently, ACIPAP gained more prominent role than OZIP, OPIAC s regional affiliate, a fact that made ACIPAP leave OPIAC. Conversely, in the APE la Cabaña case, located in the Municipality of Villa Garzón, OPIAC played an important role by reinforcing its participation and representation. It remained active and coordinated with communities, and developed a strategy that successfully stopped the Villa Garzón oil project. It thus managed to leverage its representation capacity. Even though OPIAC is an organization with fairly strong representation capacity, a lack of institutional strength prevents the coordination between grassroots organizations and the OPIAC leadership from becoming sustainable and permanent. The operational plans of grassroots organizations must be integrated, or linked to OPIAC. Without this, it is very difficult to exert impact and to achieve positive results. Operational plans must be strengthened, as efforts are lost when there is no appropriate strategic and coordinated direction. The relationship with COICA is important, as it is viewed as one of the most consolidated organizations that carry out large-scale projects based on their operational and management capacity. However, in terms of initiatives with the state, their reach is limited when it comes to prior consultation or recognition of territorial ownership. One aspect to consider in the Colombian situation is the current process of implementing laws and reforms as part of the peace accords between the FARC and the Colombian government. This process potentially jeopardizes negotiation and decision-making in areas that are important for indigenous peoples, such as territorial rights. This represents a challenge that threatens the advances made in previous years. Indigenous organizations, despite having favorable conditions and resources, continue to face challenges in terms of lacking the institutional strength to develop cohesion, integrate and combine the efforts of national and grassroots organizations. Their operational plans should be integrated; otherwise, it is difficult for them to have an impact and produce positive results. Institutions must be strengthened because effort is wasted in the absence of capable leadership and a joint strategy. 41

42 FINAL RESEARCH REPORT BELOMONTE & TAPAJÓS BRAZIL National Organization: Coordination of the Indigenous Organizations of the Brazilian Amazon (COIAB) Sub-National Organizations: Xingu Vivo Movement Federation of Indigenous Peoples of Pará Organization (FEPIPA) Belo Monte case Hydroelectric project considered controversial due to the displacement of indigenous peoples and the reduction of the Xingu river flow and the reservoir of biological diversity areas. This project was supported by the government and licensed by the Institute of Environment and Renewable Natural Resources (IBAMA). It was done despite an inadequate prior consultation and left a bad precedent for infrastructure projects. San Luis de Tapajós case Hydroelectric project supported by the government, but its concession was denied because indigenous peoples such as the Mundukurú and organizations such as Tapajós Vivo and FUNAI were able to demonstrate the environmental and social violations of the project. Both projects have had as main impact the threat to the biological diversity of the Amazon region. Also, it was demonstrated that the projects would affect the economic activities of indigenous peoples such as fishing and hunting in the states of Pará and Mato Grosso. Thirdly, in the case of Belo Monte, indigenous peoples also faced the displacement from their territories. COIAB s level of representation in the Tapajós case (Nº1) was low due to the lack of connection with its grassroots and the lack of direct participation in the negotiation process to halt construction. At this point, we can find conflicting opinions, because according to the interviews and documents found, neither COIAB, nor FEPIPA played a strategic and representative role. In addition, the representatives of the COIAB understand that the work with FEPIPA is capacity building in general, but COIAB did not directly participate in the Tapajós conflict negotiations,, because FEPIPA was the organization in charge of carrying out the actions. However, as previously mentioned, 42

43 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin there is also no documentation that the grassroots organization FEPIPA participated in the process. Instead, it appears that only the Tapajós Vivo organization participated in the process with technical assistance from private organizations, such as Green Peace. They also received support from the Public Ministry and the National Indian Foundation (FUNAI). The Tapajós-Vivo organization also took the lead in organizing assemblies with other organizations. positions in defending the Tapajós River, this however, was not the case within the COIAB organization. In the case of the Belo Monte project (Nº2), COIAB demonstrated a slight improvement in the level of representation, even though it still remained low. COIAB collaborated with and was initially backed by grassroots organizations, such as Xingu Vivo, but it was the latter that ended up participating in Foto: Diego Mendonça Consequently, given the absence of coordination and discussion platforms, COIAB s negotiation capacity and the level of transparency were low in this case due to the fact that the success in halting the project was a result of the efforts of other organizations. Also, in terms of participation of women Mundukurú people stated that women assumed important roles and the process that overturned the decree that authorized the construction of the dam. The national indigenous organization received technical support from other institutions, such as the Socio-Environmental Institute, and organizations like Greenpeace. Although some COIAB members mentioned that the organization organized assemblies, 43

44 FINAL RESEARCH REPORT Bel Juruna, a member of Xingu Vivo, said in an interview that not only were these assemblies not held, but neither were the meetings with community leaders, nor the permanent visits with grassroots organizations like Xingu Vivo. One matter that stands out is the cases of corruption in the negotiation process involving company officials and some indigenous leaders. With respect to the participation of women, it appears to have been successful, although this can only be verified for grassroots organizations like Xingu Vivo, there is no documentation of such participation from COIAB. The level of representation of COIAB is questionable as the channels of communication and degree of coordination with grassroots organizations have been weakened. Additionally, the organizations have been weakened by external agents, and this has led to division due to corruption and due to political interests. Measurement Table 1 (per case) Variable Case Study Indicators Nº1 Case Score Nº2 Case Score Negotiation Capacity Unified leadership or spokesperson Existence of formal negotiation spaces - - LOW - x MODERATE Transparency Level Community Assemblies with grassroots organizations Non-existence of corruption cases - - LOW - - LOW Participation of Indigenous Women Female participation inside organization Existence of leadership positions for women x x MODERATE - - MODERATE Representation Level of COIAB in Tapajós Case (Nº1) and Belo Monte Case (Nº2) LOW LOW Currently, the COIAB is undergoing reorganization because, as mentioned by Maximiliano Menezes, the leadership is aware that they do not represent the indigenous organizations. This is in part because its structure has been weakened and because it does not have the economic and technical resources needed to improve its management and accountability mechanisms. Despite having an election system, it does not seem to be functioned because grassroots organizations do not maintain a close and constant relationship. On the other hand, there are signs of improvement in the participation of women, who are increasingly finding more opportunities within the organization. 44

45 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Measurement Table 2 (current conditions) Variable Current Conditions Indicators Score Negotiation Capacity Management capacity (technical staff/ advisors) - MODERATE Territorial Community Representation x Election Processes x Transparency Level Accountability - MODERATE Participation of Indigenous Women Female participation inside organization x Existence of leadership positions for women - Current Representation Level of COIAB MODERATE MODERATE As the chart indicates, the elements that explain COIAB s representation do not vary significantly in these two cases, although there is a slight improvement in the case of Belo Monte compared to Tapajós, as the national organization has yet to fully assume its role as representative. This is a failure that its president, Maximiliano Menezes, acknowledges. Menezes also raised the question of whether COIAB effectively represents the indigenous organizations, given that, for example, COIAB has political capacities but these do not have much utility in practice and are not taken advantage of by members of grassroots organizations. 45

46 FINAL RESEARCH REPORT A scattered picture can be seen for the levels of representation and one can observe significant changes: the representation scores in the Tapajós and Belo Monte cases are 1 and 2, respectively, both of which are considered low. However, things appear to be improving. The present-day score of 3 raises the representation level to moderate, thanks to COAIB s ongoing efforts to improve relations with grassroots organizations. Dates Representation Level General Score Current Situation 2017 MODERATE 3 Belo Monte case ( ) LOW 2 Tapajós case ( ) LOW 1 46

47 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Final reflections COIAB s situation is complicated because of Brazil s current political context and because its own functioning is being evaluated by its own leaders. It is a fact that COIAB does not represent all of the country s indigenous peoples. On top of that, indigenous organizations in general have been weakened by external actors. As Edwin Vasquez explains, COIAB cannot directly access or apply for a partnership project because of government sanctions. These sanctions resulted from FUNAI s categorization as a private company that managed funds for construction projects. But these funds were not used or invested. Vargas sees this as a government ploy; the organizations did not have the capacity to control these resources, and so they failed as administrators of fiscal resources. The intervention of COICA in the cases analyzed above is minimal, as confirmed by Edwin Vasquez and by the members of COIAB, who also did not play an important role in the conflict resolution process. Local organizations are the ones that exercise leadership of their people for the defense of their rights. The situation of indigenous organizations in Brazil is critical. Leaders consider that they are going through a difficult situation due to internal and external factors that prevent organizational development, resulting in lost credibility and legitimacy in the eyes of their grassroots organizations. Internally, acts of corruption and a lack of coordination with grassroots organizations have generated a crisis, which is acknowledged by COIAB s current president, who believes a reorganization is in order. The current governmental crisis has also led to the weakening of organizations, as acts of corruption have crossed the borders of public institutions to involve indigenous national leaders. This has created a somewhat uncertain scenario of national representation, where indigenous organizations work independently of their national counterparts. It could be inferred that organizations such as COIAB have lost their strategic character, and that reorganizations are therefore necessary to generate greater unity. 47

48 FINAL RESEARCH REPORT SARAYAKU & YASUNÍ ECUADOR National Organization: Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENIAE) Sub-National Organizations: Organization of Indigenous Peoples of Pastaza (OPIP) Organization of the Kichwa People of Sarayaku (OPKS) Yasuní Case Oil extraction by the companies Petro Oriental, Repsol and Petroamazonas in Yasuní National Park, which is located in the Amazon region, within the provinces of Pastaza and Orellana, where the Huaorani, Kichwas, and Shuar people live, as well as indigenous peoples living in voluntary isolation. This project was supported by the government following the failure of a compensation scheme to preserve the park s resources. Sarayaku Case Oil extraction by the Argentinian company CGC who obtained a land exploitation concession in It has since participated in activities that negatively impacted the environment and violated the rights of the Sarayaku people. As a result, the case was brought before the IACHR, which in 2010 issued a decision in favor of the Sarayaku people and resulted in the company abandoning the project. The main impacts due to the extraction of oil are deforestation, pollution of rivers and water wells and reduction of biological diversity in the Amazon regions where the Kichwa and Huaorani peoples live. The extractive activities affect the indigenous peoples economic activities like fishing, hunting and agriculture. The Sarayaku peoples were also affected by the use of explosives by the company as well as by persecutions on the part of the State to the indigenous leaders who protested against the oil extraction. In the case of Yasuní, there have also been cases of corruption between the company and indigenous peoples. 48

49 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin In the Sarayaku oil project (Nº1), CONFENIAE had an important level of representation in negotiation processes, having a degree of coordination with OPIP, a grassroots organization representing the Sarayaku people. In this manner, it also demonstrated high negotiation capacity by developing audiences with the Sarayaku leadership and having a single spokesperson, which led to a presentation of its claims before the IACHR. Additionally, according to the documentation that was compiled, the effort was backed by technical support and financial resources. The level of transparency was affected by cases of corruption, despite the development of discussion and accountability assemblies. The participation of women carried significant weight, but it did not result in women obtaining positions within the organization. CONFENIAE developed a high level of representation capacity with OPIP and the Sarayaku people, and succeeded in having sanctions imposed against the company and the State for the environmental contamination that resulted from the oil extraction activity. This set an important legal precedent for Ecuador s indigenous peoples. In the case of Yasuní (Nº2), CONFENIAE had a low level of representation; there is no documentation of coordination with the grassroots organization ONHAE. Its negotiation capacity was low despite having developed spaces for assemblies and there was a reduced level of participation by women. Although there is no concrete documentation of corruption, instances of it occurring cannot be ruled out. According to interviews, corrupt practices were common at certain times. The participation of women in the Yasuní case was conspicuous, but it occurred independently of CONFENIAE; the waorani women played a very important role, but they were not affiliated with CONFENIAE. Foto: Alan & Flora Botting Yasuni National Park 49

50 FINAL RESEARCH REPORT Measurement Table 1 (per case) Variable Case Study Indicators Nº1 Case Score Nº2 Case Score Negotiation Capacity Unified leadership or spokesperson Existence of formal negotiation spaces x - HIGH x - LOW Transparency Level Community Assemblies with grassroots organizations Non-existence of corruption cases x x MODERATE - - MODERATE Participation of Indigenous Women Female participation inside organization Existence of leadership positions for women x - MODERATE - - LOW Representation Level of CONFENIAE in Sarayaku Case (Nº1) and Yasuní Case (Nº2) MODERATE LOW Presently, CONFENIAE is locked in a constant dispute with the state, as well as with other organizations, and this has weakened the organization as a rift has developed between those members in favor and those opposed to measures taken with respect to their territories. At the same time, according to interviews, the board of directors has been renewed with greater participation by young people and there continue to be regular visits to territories of grassroots organizations. Further, meetings and assemblies continue to be held, and elections for the highest positions continue to be participative in nature. Exploration activities on the Tiputini river inside the Yausni National Park Foto: Pato Chavez 50

51 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Measurement Table 2 (current conditions) Variable Current Conditions Indicators Score Negotiation Capacity Transparency Level Participation of Indigenous Women Management capacity (technical staff/ advisors) Territorial Community Representation - Election Processes Accountability - Female participation inside organization Existence of leadership positions for women - Current Representation Level of CONFENIAE x x x MODERATE MODERATE MODERATE MODERATE As can be seen in the following chart, there is variation in the two cases analyzed, with the main contrast being in negotiation capacity. This is because, in the Sarayaku case, CONFENIAE worked closely in support of grassroots organizations to achieve a favorable ruling from the IACHR, while in the Yasuní case, it faced division at the grassroots level in part because of the tactics employed by the government. 51

52 FINAL RESEARCH REPORT In the following table, it can be seen how CONFENIAE s level of representation has varied. The first measurements show how in some cases it has achieved a moderate level of representation, as in the Sarayaku case with a score of 4. However, in the case of Yasuní the level of representation was low with a score of 1. In the second measurement, the national organization is showing moderate levels of representation with a score of 3; this is due to the processes of reinforcement of relationships with its grassroots. Dates Representation Level General Score Current Situation 2017 MODERATE 3 Sarayaku case ( ) MODERATE 4 Yasuni case ( ) LOW 1 52

53 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Final reflections The relationship between national organizations and grassroots organizations still presents some gaps that keeps them from working together and developing the technical and political capacities of grassroots organizations, such as the Huaorani people. They were not mentioned by national organizations in the interviews, despite having been the main actor of the Yasuní ITT National Park conflict. This was particularly striking, since the conflict is ongoing. Information on how the roles of national leaders played out is scarce. Likewise, COICA does not have information about these communities. On the other hand, in the case of the Sarayaku people, Edwin Vásquez affirms that support was not constant, but CONFENIAE did back the positions and the fight of the grassroots organizations while Mr. Franco Viteri was president. In the opinion of Daniel Santi, a member of CONFENIAE, the organization would have more legitimacy and be more representative if it institutionalized as a regional government at the administrative, political, and legal level. Currently, it is pursuing a process of sustainable alternatives through a program called Kausac Sacha or Living Forest, which has conducted studies and made efforts to achieve self-determination and recognition not only for the Sarayaku people, but also for all indigenous peoples. Currently, Ecuador s indigenous national organizations face two sets of circumstances that affect their interests and their very existence. One concerns their relationship with the state, and the other their relationship with their grassroots organizations. The government of Rafael Correa, despite voicing support for indigenous rights, has been a major cause of division and of the weakening of organizations like CONFENIAE. The strategies it has employed, such as offering important government positions to indigenous leaders, has created rifts in these organizations between those who support the policies of the State and those who oppose them. This rift within national indigenous organizations has created in-fighting for positions and raised questions about who the organization really represents. State persecution of the most representative leaders has considerably weakened the organizations, all for the purpose of benefiting and promoting natural resource extraction projects, most of which are financed by Chinese investors. 53

54 FINAL RESEARCH REPORT AMAZON WATERWAY & CAMISEA PERU National Organization: Interethnic Association of the Peruvian Jungle AIDESEP Sub national organization: Machiguenga Council of the Urubamba River - COMARU (Cusco) Regional Organization of the Indigenous Peoples of the East - ORPIO (Loreto) Coordinator of the Indigenous Peoples of San Lorenzo - CORPI-SL (Loreto) Regional Organization AIDESEP Ucayali - ORAU (Ucayali) Camisea Case Gas exploration and exploitation project in Peru s Southern Amazon (Cusco). A consortium of companies led by the Dutch-Argentinian company Pluspetrol obtained rights over a hydrocarbon lot that overlaps with an untouched reserve for indigenous people living in isolation and who have just experienced initial contact. This triggered a negotiation process, which is still ongoing, that has generated debate and tension between the state, the company, and Indigenous Organization COMARU. Amazon Waterway Case The Amazon Waterway is an infrastructure project that seeks, through dredging, to expand the navigability of the Marañon river, a tributary of the Amazon. In this case a process of prior consultation was initiated through a judicial order: Six indigenous organizations participated and State was represented by the Ministry of Transportation and Communications. This project has yet to be awarded to a bidder, and therefore the consultation process involved direct dialogue and negotiation between indigenous organizations and the state on the possible impacts of the project. In the case of the Amazon Waterway, the activities would affect the flow of the river having an impact on several species which would affect the fishing and hunting activities of the indigenous people. In the case of the Camisea project, not only a zone of biological diversity was affected but also the Urubamba river was contaminated. 54

55 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin In the case of the Amazon Waterway (Nº1), AIDESEP and its regional bases demonstrated significant capacity of representation in the prior consultation process implemented. Indigenous organizations were recognized as valid and legitimate interlocutors by their grassroots bases and the Peruvian state. During the process, they demonstrated their capacity for negotiation and transparency: they spoke in one voice, received technical support from civil society organizations, and transferred information to the grassroots in a transparent manner. As a result, they were able to incorporate their demands and social agenda in the agreements that came out of the consultation process. However, it should be noted that this negotiation process was driven by the Peruvian government. The Ministry of Transport and Communications promoted prior consultation and facilitated dialogue spaces by maintaining an open and flexible position towards the organization s demands. Further, the leaders of the indigenous organizations received State resources to facilitate logistics and grassroots communication. One area that still remains to be addressed is the participation of women in the consultation process. Although AIDESEP has female indigenous leaders and the state suggested and encouraged the presence of indigenous women at the platforms for dialogue and negotiation, their participation in the process was low. This is attributable to the low number of women that head regional and local organizations. In the Camisea case (Nº2), AIDESEP also demonstrated close grassroots coordination. It was the grassroots organizations that led the process with the support of AIDESEP as a national indigenous organization. In addition to providing technical advice and training to communities, the national organization carried political weight vis-à-vis the state and served as an authority for the media on the potential impacts of projects. This involved the development of joint statements and support from funding sources for the development of communication efforts. In addition to holding assemblies, AIDESEP called for more spaces for the grassroots to discuss the issues and review project execution. It is worth mentioning that the receipt and generation of financial resources was not limited to the national organization, but rather was also delegated to even the level of community organizations. In other words, all levels of the organizational structure were Foto: Ministerio de Defensa del Perú 55

56 FINAL RESEARCH REPORT involved in resource management. As a result, the transparency agenda is strongly focused on the management of financial resources. In the case of Camisea, the project has generated many economic resources as part of the negotiations for compensation of impacts. However, these have been handled directly between the companies and the communities, and this has resulted in cases of corruption, although these have not been clearly identified, investigated, or disclosed. Regarding the participation of indigenous women, they played important roles during the Camisea case, such as in the case of Daysi Zapata, who was vice president of the organization and issued the request for a hearing before the IACHR to denounce the violation of rights within the framework of the Camisea Project. Measurement Table 1 (per case) Variable Case Study Indicators Nº 1 Case Score Nº 2 Case Score Negotiation Capacity Unified leadership or spokesperson Existence of formal negotiation spaces x x HIGH - x MODERATE Transparency Level Community Assemblies with grassroots organizations Non-existence of corruption cases x x MODERATE - - MODERATE Participation of Indigenous Women Female participation inside organization Existence of leadership positions for women x x MODERATE - x HIGH Representation Level of AIDESEP in Waterway Case (Nº1) and Camisea Case (Nº2) MODERATE MODERATE Currently, AIDESEP has a moderate level of representation among the indigenous peoples of the Amazon, with an institutionalized structure that has allowed it to continue its work. However, the organization has gone through difficult times. At times its management of funds has been questioned, and this matter remains a challenge for the organization. In response, the organization has focused its attention on a climate fund agenda as a means of ensuring the organization s sustainability and of continuing its work on priority issues pertaining to safeguarding territory. 56

57 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Measurement Table 2 (current conditions) Variable Current Conditions Indicators Score Negotiation Capacity Management capacity (technical staff/ advisors) x HIGH Territorial Community Representation x Transparency Level Participation of Indigenous Women Election Processes x Accountability - Female participation inside organization x Existence of leadership positions for women - Current Representation Level of AIDESEP MODERATE MODERATE MODERATE As the following chart indicates, AIDESEP demonstrated an effective level of representation in the cases analyzed, and showed itself to be particularly strong in terms of negotiation capacity. Most striking, however, is the level of participation of women in the Camisea case. This continues to be an isolated case at present. Another issue to keep in mind is the difficulties the national organization had with its grassroots, which was detrimental to its level of transparency in both cases. 57

58 FINAL RESEARCH REPORT Foto: Ministerio de Defensa del Perú Kiteni Village, Echarate District CUSCO As the following table shows, although it is true that AIDESEP has a moderate level of representation, when one delves into the analysis of each case, one can see that its success in this area is also dependent on the performance of its grassroots organizations. Thus, the first measure for both cases resulted in a score of 4, and the presentday measure also yielded a 4. Therefore, its representation should be understood in light of the ability of the grassroots organizations to articulate messages and actively participate in negotiation processes with the State and with companies. Dates Representation Level General Score Current Situation 2017 MODERATE 4 Waterway case ( ) MODERATE 4 Camisea case ( ) MODERATE 4 58

59 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Final reflections In the Peruvian case, AIDESEP is identified as an organization that is representative of the Peruvian Amazon due to its territorial presence throughout Peru s Amazon region. As a result, AIDESEP has managed to position itself as a national leader, and a valid actor in the processes of dialogue and negotiation regarding construction proposals in the Amazon. However, regarding its relationship with COICA, Edwin Vásquez mentions that, compared to previous periods, AIDESEP has prioritized the development of its technical capacities over its political capacities. Therefore, with respect to the two case studies, the negotiating role that AIDESEP can exercise is limited to two areas. The first is related to an activity s impacts. AIDESEP addresses this through its participation in high level meetings with national and international authorities, which results in the positioning of messages through communication campaigns and the deployment of training and strengthening actions. In terms of the participation of women, it is necessary to expand their participation to the roles of women program or treasury or spokesperson. The gender quota should address not only the number of women entering the organization, but also those assuming high-level management positions. For COICA, the major strength of AIDESEP s level of representation comes from the capacity of its grassroots communities. At the same time, it recognizes the need to continue working towards greater unity in order to continue the process of organizational strengthening. 59

60 FINAL RESEARCH REPORT Kaliña & Lokono at Marojiwe (KLIM) SURINAME National Organization: Organization of Indigenous Peoples of Suriname (OIS) Subnational Organizations: Village Leadership Associations of Kaliña and Lokono Kaliña and Lokono in Marowijne (KLIM) Case This case refers to the complaint made by the Kaliña and Lokono peoples of the Bajo Marowijne region before the IACHR in The IACHR issued a favorable ruling that required Suriname to recognize the collective legal status of the Kaliña and Lokono indigenous peoples, as well as their rights to collective ownership over their lands and traditional resources, and to incorporate the protection of these rights in the country s laws. The non-recognition of the collective ownership affected their territorial rights and allowed companies such as BHP Billiton-Suralco to explore and extract resources from the territories of indigenous communities, contaminating both soil and streams in the process and thus affecting fishing and hunting activities of these communities. In addition, indigenous communities faced illegal forestry logging. OIS s level of representation in this case was low due to the fact that there was limited coordination between the national organization and the grassroots organization. Negotiation capacity as well as the participation of women were also low. It should be mentioned that the level of transparency takes into account the organization of assemblies; nevertheless, these have been questioned by the grassroots organizations. According to the research, they maintain that they were never convoked and that they never participated in any assemblies. Further, although they have a national organization to represent them, it was the Association of Village Leaders that succeeded in obtaining an IACHR ruling in their favor, which stated that the government of Suriname was to recognize the collective legal personality of the Kaliña and Lokono indigenous peoples, as well as their right to collective ownership over their lands and traditional resources, and to incorporate the protection of their rights in the country s laws. They did this with neither the support, nor the backing of the OIS as a national indigenous organization. It should be mentioned that in the absence of a legal framework on indigenous peoples, the government has yet to fully comply with the IACHR s ruling. 60

61 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Measurement Table 1 (per case) Variable Case Study Indicators Score Negotiation Capacity Transparency Level Participation of Indigenous Women Unified leadership or spokesperson - Existence of formal negotiation spaces - Community Assemblies with grassroots organizations Non-existence of corruption cases - Female participation inside organization - Existence of leadership positions for women - Representation Level of OIS in KLIM Case x LOW MODERATE LOW LOW Presently, based on interviews, OIS members indicate that the organization has improved its level of grassroots representation, having held four annual assemblies and maintained frequent communication with its grassroots, as well as held leadership elections. However, this organization faces problems due to the presence of parallel organizations which restrict the OIS s territorial representation and reduce its potential reach. Measurement Table 2 (current conditions) Variable Current Conditions Indicators Score Negotiation Capacity Transparency Level Participation of Indigenous Women Management capacity (technical staff/ advisors) Territorial Community Representation - Election Processes - Accountability - Female participation inside organization Existence of leadership positions for women - Current Representation Level of OIS x x MODERATE LOW MODERATE LOW 61

62 FINAL RESEARCH REPORT As can be seen in the following chart, the OIS organization has not changed much. The organization faces many challenges when it comes to exercising clear and effective representation. Further, from what has been observed in the present day, there are no signs that change is forthcoming. Additionally, it is important to keep in mind that the organizational dynamics in Suriname deviates from the pattern found in other countries because its indigenous population is smaller and does not require the same degree of organization and mobilization as in other Amazon Basin countries. According to the table below, despite a slight improvement, OIS s level of representation is still low. It scored 1 and 2 in the first and second measures respectively. It should also be noted, however, that besides the OIS s internal challenges, in Suriname it faces situations like parallel leadership that is officially recognized, and a relatively small indigenous population that does not provide full support in cases such as the election for representatives, in which the government and not the community is involved. Dates Representation Level General Score Current Situation 2017 LOW 2 KLIM Case ( ) LOW 1 62

63 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Final reflections The representation of indigenous organizations in Suriname faces various problems. Leaders are aware of deficiencies that do not allow them to advance as a people, and prevent them from structurally organizing in grassroots, national and international organizations (COICA). Nardo Aloema states that in his more than 30 years as a COICA member he has not found an answer to the issues facing the people of the Amazon. There are several reasons for this, and among them Aloema mentions organizational structures, the lack of capacity and the need for integration. Additionally, COICA has not been committed from the start to addressing the structural problems of the Amazon, but has rather focused on small material matters and areas that it has inadequately developed. Despite good relations with international organizations, such as the World Bank, the IMF, Trust Fund, Ford Foundation, Indigenous Fund, etc., it still has not achieved independence as an organization. On the other hand, COICA has had difficulty coordinating with OIS because of the latter s lack of a clear internal structure. Consequently, it has been impossible to organize activities. The biggest challenges to the organization s effective exercise of representation are: the presence of parallel governing boards within the OIS and the government s role in electing the leadership (rather than election by the community). It appears that the indigenous organizations of Suriname have not worked at the grassroots level to integrate as a group of organizations; rather, they have operated independently to the point that the grassroots organizations that were interviewed were unaware of the existence of a national organization. An objective analysis of these organizations is difficult to realize due to the scarcity of information. 63

64 FINAL RESEARCH REPORT AURORA MINING PROJECT GUYANA National Organization: Association of Amerindian Peoples (APA) Sub National Organization: Representatives of the Arawak (Lokono), Akawaio, Arekuna, Carib, Makushi, Patamona, Wapichan, Warrau and Wai Wai peoples Aurora Case The Aurora Project is one of Guyana s biggest large-scale concessions. It was granted to the Canadian company Guyana Goldfields. In 2010, the Environmental Protection Agency of Guyana gave the project the green light, and in 2011 the company was granted a license to manage and operate the mine. It has been extracting minerals since Despite being the largest mining project in Guyana, it seems to have been considered by national and international public opinion as a mining project with higher standards of environmental protection than local miners. The only report of environmental damage is the cyanide spill on the Cuyuni River. However, the impact on indigenous peoples activities were minimal because there are no indigenous communities living nearby. The representation role played by the APA in the case of the Aurora Mining Project (APG), despite being one of the largest in the territory, has been low because APA did not directly participate in the project. As a result, our analysis has not been able to clearly identify the degree of representation of the Association of Indigenous Peoples of Guyana. As noted, the area encompassing the project has not directly affected local indigenous populations in surrounding communities. Thus, it seems that it has not been necessary for the APA or other organizations dedicated to the defense of the rights of indigenous peoples to take action in this case. Although the APA currently appears to be representative within Region 7 (where the APG is located), the organization has focused more on cases of violations of local rights and local authorities by local miners, such as the complaint made by coordinator Mario Hastings in his capacity as former Toshao of the Kako Village in Upper Mazaruni, and also in the case of the village Isseneru and the violation of its right to prior consultation (APA and FPP 2016), among other cases of litigation and land dispossession in Amerindian villages. 64

65 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Measurement Table 1 (per case) Variable Case Study Indicators Score Negotiation Capacity Transparency Level Participation of Indigenous Women Unified leadership or spokesperson - Existence of formal negotiation spaces Community Assemblies with grassroots organizations Non-existence of corruption cases - Female participation inside organization - Existence of leadership positions for women - Representation Level of APA in Aurora Case x x LOW MODERATE LOW LOW In the present day, it is worth highlighting the organization s high level capacity to manage the funds it receives from several international partners. In the same vein, its ability to maintain these partnerships has helped the organization achieve a high degree of institutionality. This can be seen in the national organization s Georgetown office, which has permanent staff that includes technical specialists in several areas. The staff allows the leadership to assume the roles of spokespersons and negotiators with the State. Additionally, Hastings states that the high level of commitment on the part of the staff and the leadership has been vital to the APA s growth. Foto: Allan Hopkins Alluvial gold mining in Guyana 65

66 FINAL RESEARCH REPORT Measurement Table 2 (current conditions) Variable Current Conditions Indicators Score Negotiation Capacity Management capacity (technical staff/ advisors) x HIGH Territorial Community Representation x Transparency Level Participation of Indigenous Women Election Processes x Accountability - Female participation inside organization x Existence of leadership positions for women - Current Representation Level of APA MODERATE MODERATE MODERATE As can be seen from the following chart, there is little documentation on the level of negotiation capacity, representation and the participation of women shown by the APA in the Aurora mining project. However, the APA has shown notable improvement in recent years, and has experienced significant institutional strengthening, especially given the conditions the country is facing. 66

67 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin As shown in the following table, APA s level of representation has changed since the case study. In the first measurement, the level of representation is low with a score of 2. However, the second measurement returned a score of 4, which shows how the organization has developed capacities that allow it to achieve a better level of representation. Dates Representation Level General Score Current Situation 2017 MODERATE 4 Aurora Case LOW 2 67

68 FINAL RESEARCH REPORT Final reflections The case of APG, despite being one of the largest in the territory, does not constitute an emblematic example of the representation of the Association of Amerindian Peoples of Guyana. As we have seen, the project has not directly affected local indigenous populations in surrounding communities. Thus, it seems that it has not been necessary for the APA, or other organizations that defend the rights of indigenous peoples, to speak out on this issue. Although the APA currently appears to be representative within Region 7, which is where the APG is located, the organization has focused more on cases of violations of territorial rights and local authorities by local miners. These include a complaint filed by the current coordinator Mario Hastings in his capacity as former Toshao of the Kako Village in Upper Mazaruni and the case of Isseneru village and the violation of its right to prior consultation (APA and FPP 2016), among other cases of litigation and land dispossession in Amerindian villages. However, it bears emphasizing that the organization enjoys high management capacity in the management of funds received from international partners. Further, the ability to sustain these international partnerships has helped the organization maintain a high degree of institutionality. This can be seen in the national organization s Georgetown office, which has a permanent staff that includes technical specialists in several areas. The staff allows the leadership to assume the roles of spokespeople and negotiators with the State. Additionally, Hastings states that the high level of commitment on the part of the staff and the leadership has been vital to the APA s growth. This is reflected in the large number of research and promotion projects carried out, whose results are appropriately published online for public opinion. This is compounded by efforts such as the creation of an integrated data system for the timely transmission of data between headquarters. COICA mentions that this is one of the organizations that has been experiencing ideal development both in the strengthening of its technical capacities and in the degree of financing that it is able to achieve. The organization s progress is also noteworthy due to pressure and direct cooperation with the National Toshaos Council. The government of Guyana has gradually shown a willingness to heed the organizations demands. The new Amerindian Act was approved in 2006 at the request of representative organizations. However, this has not completely resolved the violation of the territorial rights of indigenous peoples in a context of the high strain on their mining and forestry resources. 68

69 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin AMAZON PARK PROJECT - FRENCH GUIANA National Organization: Federation of Indigenous Organizations of French Guiana (FOAG) Sub National Organization: Teko People s Association Amazon Park Case The Park was created as a natural area in 1992, and included zones of member communes mainly composed by Amerindian peoples (Wayana, Wayãpi, Téko-Emerrillons), as well as maroons and Creoles. This territorial category allowed Ministry of Industry to authorize the removal of the Limonade concession (France) from the Amazon park due to the serious environmental impact it was having on the territory and the communities. The impacts of the mining activities by the Rexma company contaminated the river with sediments using chemicals such as cyanide and mercury. This affected the fishing and hunting activities of indigenous peoples. As can be seen in the table of case study measurements, the FOAG organization has a level of representation that is low. It has had some success, however, in terms of negotiation capacity, having participated in formal negotiation processes that led Amazon Park authorities to prioritize Amerindian populations. Unfortunately, in addition to the impacts of the Limonade concession, the communities within the park have also had to deal with illegal mining. Transparency is a weak point for the organization; various questions were raised in terms of its management. There is no documentation of the participation of women during this period. Foto: A Jailloux Lawa river in French Guiana 69

70 FINAL RESEARCH REPORT Measurement Table 1 (per case) Variable Case Study Indicators Score Negotiation Capacity Transparency Level Participation of Indigenous Women Unified leadership or spokesperson - Existence of formal negotiation spaces Community Assemblies with grassroots organizations Non-existence of corruption cases - Female participation inside organization Existence of leadership positions for women - Representation Level of FOAG in Amazonian Park Case x - x MODERATE LOW MODERATE LOW Presently, the FOAG lacks the resources to hire technical teams to formulate projects, let alone to manage them given the questions raised about its territorial representation. The organization does not receive any funds from the Government of France which does not wish to finance an organization that denounces it. It seems that the only partner the organization presently has is COICA. However, Jocelyn Thérèse member of FOAG believes that a change in mentality is taking place among civil society. FOAG has received support from national entities such as Engineers without Borders and groups of independent lawyers with views that are compatible with those of the organization. The participation of women has also been given short shrift. Despite FOAG s promotion of the election of traditional female leaders at the local level, these have been isolated cases and more of an exception to the rule rather than a regular organizational practice. Measurement Table 2 (current conditions) Variable Current Conditions Indicators Score Negotiation Capacity Transparency Level Participation of Indigenous Women Management capacity (technical staff/ advisors) Territorial Community Representation - Election Processes Accountability - Female participation inside organization Existence of leadership positions for women - Current Representation Level of FOAG - x x LOW MODERATE MODERATE LOW 70

71 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin As can be seen in the following chart, there are no notable differences in FOAG s level of representation as a national indigenous organization due to the fact that the conditions under which this organization operates makes it difficult to realize any sort of change in this respect. We mainly considered the weight of external elements that could cause some sort of change in FOAG s performance. The following table confirms the aforementioned circumstances and shows FOAG s level of representation as low, having scored a 2 in both the first and second measure. Dates Representation Level General Score Current Situation 2017 LOW 2 Amazonian Case ( ) LOW 2 71

72 FINAL RESEARCH REPORT Final reflections It is clear that French Guiana s economic and legal dependence on France constrains the capacities of indigenous organizations like FOAG, while also providing a certain raison d ȇtre. On the one hand, the overlap of French authorities within indigenous territories strongly limits the opportunities these groups have to use the lands that are ancestrally theirs. This means that visions of development are thrust on these groups by an external authority, despite the existence of official spaces for them to express their traditional visions, worldviews, and practices. Thus, authorities that often do not belong to any of the indigenous peoples of French Guiana ultimately have the final say. Other factors that determine FOAG s weak representation capacity are internal in nature. On the one hand, the organization is still in the process of recovering from an institutional crisis that seems to have affected its position more in the context of the CTG than at the international level. Following this rupture, it is unclear whether international partners will shift their support from FOAG to ONAG or if the former never really had any significant financial support. In any case, this has made FOAG incapable of implementing projects and carrying out research and promotion activities; it has been reduced to the role of spokesperson for the indigenous peoples. Moving on to another issue, there is the extent of FOAG s relationship with COICA. According to Edwin Vásquez, despite some inconveniences, the fact that the representatives of the communities (or captains) are part of the country s governmental structure provides them with certain stability. Although we recognize the difference in structure, which does not follow the dynamic of communities or federations, it has a more direct relationship with communities, which are relatively small in number. 72

73 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Regional scenario of the Amazon basin for each case study After the analysis carried out in each of the thirteen cases of high impact projects in the Amazon basin, a regional scenario is presented according to the levels of representation presented by each national indigenous organization. The organizations have been grouped according to the score obtained in each case. First, we have a first block with OPIAC in the case of Villa Garzón and CIDOB of Colombia and Bolivia who had the best performance. Then, a second block with AIDESEP, ORPIA and OPIAC from Peru, Venezuela and Colombia respectively. Finally, the organizations that had the least representation were the organizations of Guyana, French Guiana, Suriname, Brazil, and Ecuador. National Indigenous Organizations Case Project Representation Level OPIAC APE la cabaña - Villa Garzón 5 CIDOB TIPNIS 5 AIDESEP Camisea 4 AIDESEP Waterway 4 CONFENIAE Sarayaku 4 ORPIA Orinoco Mining Arch 4 OPIAC El Orito 2 APA Aurora 2 COIAB Belomonte 2 FOAG Amazonian Park 2 CONFENIAE Yasuni 1 COIAB Tapajós 1 OIS KLIM 1 (*) Dependent Variable: Representation Level (High=6 / Moderate 5 / Low 2) 73

74 FINAL RESEARCH REPORT 74

75 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin 3.2 Analysis of COICA COICA, founded in 1984, encompasses the national organizations of the nine countries of the Amazon Basin (Bolivia, Brazil, Colombia, Ecuador, French Guiana, Guyana, Peru, Suriname, and Venezuela). This makes it the regional organization with the greatest territorial reach in the Amazon (a region of 6 million hectares). Although it was founded in Lima, Peru, its headquarters and institutional location are in Ecuador. COICA s structure is divided between a Congress and a Board of Directors, which is elected every four years. This board is comprised of representatives from each of the national organizations of the nine countries of the Amazon Basin. Additionally, an elected general coordinator is in charge of representing COICA and ensuring the proper functioning of its structure and the promotion of the indigenous Amazon agenda. This agenda is the thematic roadmap that guides the strategies, proposals, and political orientation that COICA deploys. In terms of structure, COICA s geographical reach is in itself a source of legitimacy as it is representative of the Amazon Basin. However, this point is one of the organization s main management challenges. Being present across nine countries creates various hurdles. First, there are at least two different cultural matrices: the one of the hispanophone peoples, including Brazil, and the one of Guyana, French Guiana and Suriname. In the latter, French, English, Dutch and Spanish are spoken. In addition, French Guiana is still a colony of France. This is not a minor issue, or one that is addressed simply through simultaneous interpretation or the translation of documents. This challenge is intercultural and requires deep cultural translation. If badly managed, it can complicate the dialogue and the incorporation of the Guyanese agenda when developing concrete points of action. Second, the geographical reach requires the deployment of sufficient resources to sustain a COICA presence in all member countries. Reinforcing representation at the international level must be reconciled with the deployment of indigenous monitoring actions that recognize the situation of people at the local level. The challenge is that, while COICA plays an international role, the organization must not lose sight of local agendas, which provide the substance of COICA s demands and proposals. Third, this territorial scope tests the management of economic resources. This, in general, goes hand in hand with the priorities of the organization s agenda, as well as with the possibility it has to forge partnerships and to meet the priorities of its partners. As a result, a power struggle emerges as those issues or countries that are prioritized use up resources to the detriment of other agendas, such as that of indigenous women, or of Suriname, French Guiana and Guyana. It is imperative that crosscutting agendas, such as that of indigenous women, be strengthened, supported and identified as priorities, and given the autonomy to manage their own funds. This should be recognized and addressed in order to generate a debate within COICA that allows for greater equality in terms of access to funds. With respect to these organizational challenges, it is necessary to consider how COICA s structure functions. It is mainly supported by a technical team composed of five professionals who are tied to the development of specific projects financed by international partner agencies. In this context, the general coordinator performs lobbying, negotiation and networking, and is the most visible face of the organization. Consequently, there is a risk of concentrating information about the development of projects and the contacts that support and make those projects possible. Under a work plan where the Board of Directors has representatives from nine countries, it is a very real challenge to ensure an effective means of communication. This is not only true for informal communications, but also for those pertaining to protocol and decisionmaking: these communications must be made in a manner that includes all board members. This remains a setback for effective decision making, due to language, limited access to the means of communication, etc. These challenges could open a debate on the functioning of COICA, seeking to strengthen and support the general coordinator, not only with technical staff, but also with the sustained presence of board members at the institutional headquarters. 75

76 FINAL RESEARCH REPORT In the past 20 years, COICA has faced situations that threatened its institutional integrity. This includes processes intended to divide the organization in 2005, with the summoning of 2 VII congresses. Nonetheless, COICA has managed to overcome these situations, internalizing lessons that have strengthened several components of the organization. The capacities of negotiation and dialogue with private and state actors have expanded. In a context where the global agenda of Indigenous Peoples, linked to the fight against climate change, has gained political and thus financial importance, COICA has shown its expertise. In this regard, it is important to mention that COICA adopts negotiation strategies that clearly constitute exercises of power. The organization positions itself as the actor with ancestral knowledge of the territory. This way, it delegitimizes other intermediaries, and is hesitant to share cultural information, or information on the internal management of indigenous communities. These elements not only allow COICA to define its alliances in terms of its agenda and to negotiate between peers (where both parties seek benefits), but also allows them to build partnerships, where they receive technical advice and under which conditions not to allow external impositions. In addition, dialogue skills are developed at different levels and with different audiences, always based on the furtherance of their agenda. This strategy requires that those who build a relationship with COICA must comply with principles of transparency, trust, and clear support of the agenda of the organization and its peoples. Information about COICA s activities and projects are on the organization s website, demonstrating its willingness to make information about activities and fund management transparent. Assemblies of the Expanded Board of Directors are held twice a year and contribute to this transparency. However, the task remains of developing communication mechanisms with the use of technological tools. Given the infrastructure limitations of the Amazon, it is necessary to think about creative alternatives that address this challenge. As mentioned earlier, indigenous women continue to hold a limited number positions because of their gender. The secretariat of women is the office par excellence. Failure to make their agenda a priority, or to make it a cross-cutting issue, condemns the proposals and demands of women to initiatives that are exclusively theirs. This disconnects them from the vital strategies of fundraising and sustainability. 76

77 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin 3.3 Current regional scenario of indigenous organizations in the amazon basin Negotiation Capacity Transparency Level Participation of Indigenous Women Representation Level COICA (Regional) OPIAC (Colombia) AIDESEP (Peru) APA (Guyana) CONFENIAE (Ecuador) COIAB (Brazil) ORPIA (Venezuela) OIS (Suriname) CIDOB (Bolivia) FOAG (French Guiana) (*) Independent Variables: Negotiation Capacity, Transparency Level, Indigenous Women s participation level (High=2 / Moderate=1/Low=0) (*) Dependent Variable: Representation Level (High=6 / Moderate 5 / Low 2) 77

78 FINAL RESEARCH REPORT The table above aims to present a regional overview of national indigenous organizations in the Amazon Basin, depicting their levels of representation, negotiation capacity, transparency, and participation of women. COICA has been included as a regional organization in order to be able to chart the strengths and obstacles of the members of the Amazon Basin. The position of each organization should be understood as a product that is generated from processes of accumulated and permanent tension. Once again, it should be clarified that the overall level shown here for each organization should be understood, as mentioned throughout this study, in the unique context of each country in terms of its customs, cultural dynamics and geographical conditions. The first point to keep in mind is that we start with the premise that no indigenous organization has an ideal level of representation. This is because even the most institutionalized and resourceful organizations are not capable of achieving full rights for indigenous peoples within the Amazon Basin in their respective countries. Second, it is possible to categorize the national indigenous organizations in three large groups based on their level of representation. In a first group, we have COICA as the regional organization. OPIAC of Colombia and AIDESEP of Peru have achieved a moderate level of representation; these two came the closest to achieving a high rating due to their technical capacity to capture and manage resources as well as their clear territorial representation of the grassroots within the Amazon, which has enabled a process of institutionalization that is important within the region. However, despite the achievements and strengths of these organizations, there are still obstacles in the level of transparency that go hand in hand with problems and questions regarding the lack of clarity in the management of funds and accountability towards the grassroots and funders. Slightly further back but within the same group is the APA organization of Guyana, although the situation within Guyana has its particularities. This organization has been developing technical capabilities that, combined with its success obtaining funds, have allowed the organization to strengthen its institutionalism. Group 1 Members Representation level Characteristics Strengths: COICA (regional organization) OPIAC (Colombia) AIDESEP (Peru) (*) APA (Guyana). It is included in this group despite its peculiarities; it has been developing technical capacities that, with success in obtaining funds, have allowed the organization to strengthen its institutionality. MODERATE (HIGH) Technical capacity to capture and manage financial resources. Clear territorial representation of the grassroots within the Amazon Basin. They are going through important institutionalization processes within the Amazon Basin. Recognition from the government and participation of formal spaces for consultation and dialogue. They have status as valid interlocutors with private and / or public actors. Obstacles: Low level of transparency especially in the management of funds and low accountability towards the grassroots. 78

79 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin A second group includes the organizations of CONFENIAE of Ecuador, COIAB of Brazil, and ORPIA of Venezuela. These organizations are growing weaker because of the deterioration of their relationships with their grassroots and because of political and social contexts that have reduced their negotiation capacity and transparency levels. In this group, CONFENIAE has the best level of representation; however, questions are frequently being raised about its management and unity, and the election of its leaders. In the case of COIAB, the organization is going through a phase of internal crises that are being compounded by the adverse impacts of Brazil s current political situation. A similar situation can arise in the case of ORPIA, since the current situation reflects a political project that progressively reduced the capacities of indigenous organizations. Group 2 Members Representation level Characteristics Strengths: (*) CONFENIAE (Ecuador) Best positioned organization at the representation level. COAIB (Brazil) ORPIA (Venezuela) MODERATE Organizations have a trajectory of legitimacy and still have institutionalized systems of communication. They are going through adaptation processes to deal with current situations. Obstacles: Organizations are becoming weaker due to the deterioration of the relationship with their grassroots. Political and social contexts that reduce their negotiating capacity and level of transparency. Weak relationship with the state. Co-optation strategies by national governments. The third group includes the organizations with the lowest levels of representation. These organizations lack recognition by their governments and by other organizations; in the case of CIDOB, it has the additional problem of division in its board. Further, in the cases of OIS and FOAG in Suriname and French Guiana, there are parallel organizations that restrict their options in terms of financing and recognition from grassroots organizations and indigenous communities. 79

80 FINAL RESEARCH REPORT Group 3 Members Representation level Characteristics Strengths: Organizations have external recognition mainly from COICA. CIDOB (Bolivia) OIS (Suriname) FOAG (French Guiana) LOW Obstacles: Organizations lack recognition from other national indigenous organizations and / or the government. They face the existence of parallel boards that restrict financing options and recognition by grassroots organizations. Third, with respect to COICA, it should be mentioned that, despite the level of representation shown, this regional organization has gone through periods of division and institutional weakening, from which it is still recovering. Nevertheless, one of the challenges COICA faces today is that decisions are made through a participative scheme without consensus. This is due to limited levels of communication with the organization s grassroots because of little connection within regions and the territorial extension of the Amazon Basin. Fourth, there is the issue of the participation of women and the role they play in indigenous organizations. Although nearly all of the organizations have gender secretariats, the role women play in practice is very limited since few have gained access to positions within governing boards and there are no initiatives to address this matter. Further, opportunities for project management and/or access to financing opportunities are limited for women. However, some small progress is being made in this area, as can be seen with cases such as OPIAC in Colombia, which has been giving a significant boost to the issue, and COICA, which has just approved a motion to have women make up 50% of the board of directors. 80

81 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin 3.4 Government and private actors This section presents an external and contrasting view of the strengths and weaknesses of South American indigenous organizations in terms of representation. It is based primarily on the opinions of experts associated with institutions development banks, private companies, government institutions and NGOs that have participated in infrastructure project negotiations with indigenous organizations. As in the previous section, the questionnaire items were grouped into three areas: 1) Perceptions about the level of representation of indigenous organizations; 2) negotiating capacity; and 3) the indigenous organization s level of transparency and inclusion. The objective was to identify the general perception of current indigenous organizational capacities. The interviewees had technical knowledge and built analysis based on those cases. A limitation of this section, it that it does not contain testimonies of all actors involved in each country due to difficulties in establishing contacts and time constraints. That was the case for representatives of institutions/agencies from French Guiana, Guyana and Suriname. However, we conducted in-depth analysis of secondary information such as official documents, published news, and press releases. This analysis was coupled with expert opinions; we thus consider that the information provided is sound and consistent. It should be noted that all the opinions provided, represent points of view based on personal experiences, knowledge and expertise of the interviewees. Unless otherwise stated, these should not be considered as official statements of the institutions the interviewees are associated with. A summary of the main findings follows: Representation Level It is perceived by NGO s, banks, companies and government institutions that the representation capacity of indigenous organizations could be associated with the links they have with other institutional actors (e.g. engagement with the State). Links positively or negatively affect their legitimacy vis-à-vis the grassroots, or provide financial resources or technical and logistical support. It is perceived as a consensus among the interviewees that the capacity of representation of indigenous organizations could be linked to the leadership shown by those in command during crisis events. The first section of the questionnaire addressed general perceptions about the capacity of indigenous organizations to represent their communities in each country. In general, responses indicated that this capacity is conditioned by the relationship that these organizations have with other actors and institutions, mainly with the state. In most countries, it was noted that the ability of organizations to represent their communities is low for the following reasons: In both Bolivia and Brazil, interviewees indicated that the level of closeness of indigenous organizations to the State (current administration) diminishes their capacity for representation. In both countries, indigenous organizations have 81

82 FINAL RESEARCH REPORT received funds from the State: in the post- TIPNIS context in Bolivia, and in Belo Monte case in Brazil. 3 On the other hand, in Venezuela, despite strong legislation in this area and the existence of a Ministry of People s Power for Indigenous People, which seeks to fully address indigenous issues, political pressures overwhelm the organization s capacity, according to Alba Perdomo of Transparency International. Another important factor is the distribution of indigenous representation and its mobilization. In Brazil, according to the Federal Public Prosecutor s Office, a problem faced by the indigenous organizations of COIAB, as observed in the Belo Monte case, was that indigenous communities were widely dispersed over the territory, making it very difficult to represent them. In Ecuador, the distribution of indigenous representation in the country places COFENIAE as the regional organization of CONIAE, despite the fact that the former represents indigenous interests in COICA. In the case of indigenous organizations in Colombia, Marcela Jiménez, representative of Ecopetrol, indicated that the indigenous organizations have low legitimacy because they are perceived to only appear during times of crisis; the indigenous communities prefer to make their own decisions independently, without the mediation of these organizations. In contrast, the high representative capacity of the organizations is linked to the financial resources they possess. According to Chris Meyer of the Environmental Defense Fund, in the cases of AIDESEP in Peru and OPIAC in Colombia, these organizations have financial resources obtained from international organizations. This allows them to pursue their own long-term agendas and thus adequately represent their communities. In addition, as noted by Angela Hernandez of the Peruvian Ministry of Transport and Communications, in the context of the prior consultation in the Amazon Waterway project, the regional indigenous organizations were provided government resources to facilitate the logistics of meeting with their communities. Negotiation Capacity It is perceived by NGOs (civil society) that the negotiating capacity of indigenous organizations is linked to the resources they possess. The more resources, understood as technical and financial capacity, the greater capacity to negotiate highly complex issues. It is perceived by banks and government institutions that the negotiating capacity of the indigenous organizations is also linked to the capacity to exercise effective leadership of its leaders. Responses related to the strengths of organizations in this area focused on resource management capacity and leadership and success in articulating messages from their leaders. In contrast, weaknesses included lack of funds, corruption, and vulnerability to government actions. An organization that has its own resources can negotiate with greater technical capacity and experience. According to Meyer, in the case of AIDESEP in Peru, the resources available to the organization allowed it to negotiate highly complex processes, such as REDD+ projects and the Forest Investment Fund (FIP). In addition, 3 In the case of Belo Monte in Brazil, the Federal Public Ministry indicates that indigenous organizations received state funds, which explains their low level of involvement with the project and its environmental and social liabilities. The Bolivian case presents particular complexities in terms of representation. Throughout history, Bolivia s indigenous organizations have been very strong. However, the current government has weakened them by creating an alternative leadership and slashing budgets. In conclusion, the government has co-opted the leadership and deals with it to the exclusion of organic community leaders. 82

83 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin as Hernandez pointed out, AIDESEP s regional organizations had the technical support of experts from civil society organizations during the previous consultation on the Amazon Waterway. Leadership and articulation of messages are paramount to the promotion of grassroots mobilization. In Bolivia, leadership was a central element in the case of TIPNIS. The CIDOB articulated different means of pressure, such as blocking roads and mobilization. In Ecuador, according to David Cotacachi, IDB specialist, COFENIAE was successful in articulating a consensus among grassroots organizations in favor of the protection of natural resources. In particular, against oil operations in the Yasuní- ITT. In terms of weaknesses, the lack of resources and corruption keep indigenous organizations from pursuing their own agendas and threaten their legitimacy among their bases in negotiations. In this regard, interviews highlighted the corruption scandal of Bolivia s Indigenous Fund 5, and irregularities in the use of international cooperation funds in Peru. Finally, the relationship with the state also lessens the negotiating capacity of organizations, as we saw in the Brazil and Bolivia cases previously discussed in the Representation subsection. Transparency Level It is perceived as a consensus among the interviewees that the transparency of indigenous organizations with its grassroots bases depends on the logistical limitations. The infrastructure available for physical access and telecommunications limit the ability to transfer information to remote areas. In addition, it is perceived by government institutions and NGOs (civil society) that the progress in transparency responds to the incentives and pressures from the State. Questions in the third section touched on perceived levels of transparency and the inclusion of a gender perspective in national indigenous organizations. For both dimensions, interviewees concurred in pointing out that despite noticeable progress and advances made by some organizations, significant issues remain. In terms of transparency in the administration of resources, interviewees noted that this information is usually difficult to provide because of the gap between indigenous leaders and their communities, in addition to limitations in terms of media and technology in isolated areas. 4 It is easier to ensure transparency where there is limited distance between representatives and their constituents. For example, in the case of Venezuela, Perdomo (Transparency International) says, the chiefs or captains, as they are known in that country, are required to be transparent in their communities. However, higher levels of the organization often have less control mechanisms. Moreover, indigenous organizations lack a culture of transparency. In Colombia, according 4 The case of the Indigenous Fund, a budget item allegedly intended to finance projects in favor of trade union and peasant organizations, has become the largest corruption scandal in President Evo Morales government. The fund was born in response to a demand by lowland indigenous peoples, especially the Guarani People s Association (APG), to be taken over by CIDOB and CONAMAQ. Initially it was established that the fund would receive 5% of the Direct Tax on Hydrocarbons (HDI) for the purpose of financing production projects. However, the Bolivian Attorney General verified that the fund s resources were transferred to accounts of individuals. This corruption case involved former leaders who were co-opted by the government and lost legitimacy within their communities. 83

84 FINAL RESEARCH REPORT to Marcela Jimenez of Ecopetrol, there are no known initiatives to make the leadership accountable to the organization s base. Organizations even seek to shield themselves by evoking their constitutional right of not sharing this information. In Peru, as mentioned by Angela Hernandez, indigenous organizations had resources to transfer information in their communities, however, it was recurrent that this process did not occur and was hindered, making it necessary to reiterate requests for information. Although ideally the State should not be involved, pressure from the State could stimulate transparency in some instances. In the case of Ecuador, according to Cotacachi, COFENIAE has a very strong accountability structure. However, it argues that it lacks the means to corroborate its information and prove its veracity. In Brazil, according to the Federal Public Ministry, indigenous organizations are currently transparent due to the pressure applied by the current government of President Michel Temer; this pressure was non-existent under the administrations of Luiz Inacio Lula da Silva and Dilma Rousseff. Participation of Indigenous Women It is perceived as a consensus among the interviewees that the indigenous organizations have achieved remarkable progress in the matter of women participation at high leadership level. However, the participation of women at grassroots levels is not significant. It is perceived by government institutions and NGOs (civil society) that the advances have been motivated by incentives and / or pressures exerted by the financial sources. With respect to the inclusion of women within indigenous organizations, the consensus of the interviewees was that the growing presence of women in levels of leadership has not translated into equality at the community level. Advances in this area have been driven mainly by funding initiatives from international cooperation agencies. According to David Suarez of the Alejandro Labaka Foundation in Ecuador, organizations lack a suitable gender approach, but apply one anyway to obtain funds. At the grassroots level, community traditions are often imposed. According to David Cotacachi, there is usually spokesperson representation by women, but gender is not a cross-cutting issue in all organizations, and the degree of participation is usually lower in local communities. In Peru, although AIDESEP has women on its Board of Directors, and has contributed to the development of COICA s gender policy, women s participation is limited at the grassroots level. As indicated by Hernandez, in the previous consultation of the Amazon Waterway, the presence of women at assemblies was minimal: only three women were observed representing organizations involved in the process. However, in the context of negotiations, women are increasingly present in organizations. In Brazil, in the cases of Belo Monte and Tapajós, women maintained an important presence. According to the Federal Public Ministry, women better understand the threat on indigenous territory. In Colombia, women have greater participation as spokespersons thanks to a Constitutional Court ruling that guarantees protection to indigenous women. In conclusion, both in the areas of transparency and gender inclusion, the interviewees concurred in noting that, although some organizations have made remarkable strides, much work remains to be done. 84

85 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Characterizing Government and private actors In our effort to characterize the relationship between private and State actors with indigenous communities, we need to go further into the connections among these actors. We must also see them in relation to the activities that both the private sector and the State develop. We observe that public investment has gone up in the last years in Latin America, and that the the negotiations for compensation for use of their territory is a common practice of their interaction. The community relationships are presented as a more practical mechanism for the daily interaction between private companies and indigenous communities. However this interaction presents Foto: MINAM private sector has also been an important factor in the economies of our region, particularly during the 90s. This in turn has generated a history of agreements, disagreements and multiple strategies of relationships between the State and the private sector with the indigenous communities. In the most recent history, the private sector has focused on developing infrastructure and extractive projects, and the location of these have coincided more and more with indigenous territories. Consequently, this relationship has been conditioned in the first place by the viability of the projects instead of partaking in the benefits they provide. Because of this some boundaries and risks when it dilutes the difference between the pertinent company representative and a member of the community or indigenous peoples. There is the risk of the company becoming part of the community, losing its nature and objective in the process. Although hiring locals is a positive gesture for reducing the gap of the obtained benefits, this could also lead to cultural changes (development expectations, messages from the company but in the voice of the indigenous members, etc), or to changes in the community structure. This is why is necessary that the strategies for community relations be supervised and audited by the State with the utmost rigorousness. 85

86 FINAL RESEARCH REPORT The compensations are only a limited way of potential benefit sharing of investments. This type of relationship was preferred to ensure compliance of the rules regarding the use of the soil, and also because it has been designed as a mechanism benefit sharing with the communities. The monetary payment for the use of territory has however not guaranteed an improvement in the quality of life of the people that live in the areas of influence of the investment projects. In some cases, the compensations resulted in cases of local corruption due to their mismanagement or have created the image of patronage relationship more than payment mechanism for the use of the indigenous territory. the recognition and legal acknowledgement of indigenous territories. With the expansion of extractive activities, it became important to identify areas of possible overlaps with indigenous territories. For instance, in the case of Peru, AIDESEP, demands for 20 million hectares in the Amazon to be legally registered to native communities. We consider that it is important to foster wider and more effective policies for issuing titles and legally recognizing indigenous territories. Further we would like highlight two principal issues. The first if the absence of the State in distant territories and as a consequence the reduced mechanisms of auditing. This mechanisms should accompany not only the fulfillment of commitments, environmental and economic impacts, but also should be performed for social and cultural effects, in case these are more than day-to-day and cumulative impacts. The second issue has to do with the standards of the companies and this must be taken care of not just individually but collectively. This way, common standards can be generated, or at least good practices can be recovered with the view of sharing them. As for the State, the relations with the indigenous peoples in the last years have been tense. They were mainly linked to the promotion of extractive projects in indigenous territories and to the management of social conflicts, as the result of the refusal of the indigenous populations to accept such projects. Indeed, mechanisms like the development of roundtables, dialogue/work spaces, have become the common denominator. The problem however continues to be the absence or weakness in the incorporation of policies, rules, protocols and intercultural methodologies. This requires the inclusion of visions and development expectations of the indigenous populations, in a greater development plan. Although the institutionality of the State in regards to the indigenous populations has advanced in our region, this is expressed with little decision power in the structures of our countries. In relation to the promotion of investments, the key agenda in the last years is linked to In relation to the management of conflicts, it is necessary to build a new pact or agreement with the State to improve the existing processes and mechanisms to deal with conflicts that may arise. In most cases, the management of conflicts occurs only when they emerge and it is observed that in very few occasions there are preventive measures in place. It is crucial to progressively include indigenous communities in mechanisms such as the State s early warning system, hereby institutionalizing the control and vigilance mechanisms by the indigenous populations. 86

87 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin The fall in prices of minerals and the recent corruption cases have affected the economies of the region and have provoked a withdrawal of investments. This would require the State to deploy measures and policies that seek to diversify the economy, and to elevate the tax standards in order to look for alternatives to avoid making the same mistakes again. Meanwhile, the signals and actions that have been taken by the government are focused on achieving a long-awaited reactivation of the to be relieved from burdens, paperwork, and other formalities to provide the image of an efficient State rather than a bureaucratic one. Those who oppose to the investment and development are villainized. Both of these messages bring about risks: while one is focused solely on lowering standards and simplifying regulations, the other one message creates a sort of actor that is an outlaw, discouraging this actor from opposing to the projects for the common good. Or even worse, sending the message -especially to the indigenous population- that although they live in a territory, that they are not owners of the resources that can be found in that land. Such a characterization imposes serious limitations to build bridges of dialogue between the State and the communities. An additional message often heard is one that suggests guaranteeing the judicial certainty for the private sector. This message is positioned as a condition and as a duty, in some cases putting it above the implementation of fundamental rights, such as right to health or right to land. This happens when the predominance of the common good is linked to only economic statistics and not to full progress in services and rights. It will be important to work on the visibility of these indicators. We believe a broader debate is missing in the Amazonian countries about the meaning of development and growth in participation with the indigenous populations. We are currently missing effective, permanent and institutionalized mechanisms of indigenous participation. economy. Consequently, many of the efforts have been focused in generating institutional changes, reduction of administrative processes, among other things. A scene often observed in the countries under evaluation is one of recession and removing obstacles for projects. Whenever the economy suffers a setback, the solution is removing obstacles for projects. Removing obstacles implies that there is a culprit for projects not advancing. It is in this context that some consider that the State is too bureaucratic and that it needs 87

88 Foto: CIDH_BR 4 General Conclusions 88

89 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin This document aims to identify and to understand the particular conditions that determine the degree of effectiveness of representation of national indigenous organizations of the nine countries of the Amazon basin that comprise the Indigenous Organizations Coordinator of the Amazon Basin (COICA). The thirteen selected case studies dealt with high-impact development projects. Information was collected via semi-structured interviews with the main representatives of national and sub-national indigenous organizations, as well as with actors from government institutions, the private sector and multilateral banks. The main conclusions for each of the variables presented in the study are detailed below. Representation Level The cases analyzed identified two key factors for an effective and sustained representation: the ability to obtain resources and the technical and managerial capacities for their execution. The most striking situations in the Amazon basin are those of OPIAC in Colombia and AIDESEP in Peru which have been able to incorporate teams of advisers and technicians that support the mentioned capabilities. The APA case in Guyana merits special mention since, despite the difference with the two previous cases, its efforts to maintain its technical team to elaborate proposals and its financing alternatives are remarkable. These resource-capturing and management capabilities facilitate the creation and the maintenance of clear and direct communication channels with communities, which in turn allows for the creation and maintenance of close ties and coordination, permitting joint actions with a higher degree of effectiveness. Likewise, having one s own resources provides an opportunity for independence to develop an indigenous agenda with autonomy, as evidenced by the cases of COAIB in Brazil and CIDOB in Bolivia. The organizations financed by governments experienced a reduction in their capacity to undertake their own agendas, since they are limited by state priorities. In the cases of Venezuela, Bolivia, and Ecuador, a particular phenomenon was identified: in these countries governments have developed political projects that favor the inclusion and recognition of the rights of indigenous peoples. Paradoxically, despite the recognition of the rights of indigenous peoples and the incorporation of indigenous organizations into the state s own structures in these three countries, governments are supporting projects as part of their development agendas that present a scenario of opposition and political persecution of the organizations that oppose them. In addition, the penetration of 89

90 FINAL RESEARCH REPORT institutions of the state has replaced the spaces of dialogue and coordination previously held by indigenous organizations. Both the degree of division and the institutional weakness of indigenous organizations can also be observed from the participation of indigenous representatives in both political parties and public office, which has led to the formation of parallel structures with their own political agendas and in some cases the decline of the organization. This phenomenon weakens indigenous organizations, reducing their capacity for consolidation; this can be seen most clearly with the CIDOB division in Bolivia, the progressive weakening of CONFENIAE in Ecuador and the blockade of ORPIA in Venezuela. The legal adaptation of indigenous rights in the countries of the Amazon Basin, as in the cases of Bolivia, Ecuador and Venezuela, promoted a different degree of visibility for indigenous organizations, but did not represent proper representation within the structures of the state. The incorporation of rights at constitutional level of a country does not ensure their effective implementation. Indigenous representation is not guaranteed by greater recognition or visibility at government-level structures of participation. Most indigenous organizations have not taken an antagonistic position against the State by favoring an autonomist agenda of a political and territorial nature. However, at the moment of implementation of extractive activities, territorial security has proven to be a triggering factor for confrontation. This territorial affectation of the indigenous peoples can occur either from the government in the cases of Bolivia, Venezuela and Ecuador, or the private company as in the cases of Peru and Colombia. There are three existing factors that determine representation: territorial security at the local level and indigenous participation and the distinction between the recognition and implementation of territorial rights.at the national level. Negotiation Capacity One of the factors that influence the negotiation power of indigenous organizations is the existence of non-native populations such as highland indigenous peoples, settler populations or African descendants that share the Amazon territory. The presence of non-native populations implies the existence of conflicts, which result not only from cultural differences, but also due to the role played by these populations within the case studies. In these cases it was possible to observe the influence this had on a national organization s negotiation capacity and ability to pressure government and private sector actors. In addition, the recognition of these populations as valid actors in investment projects, based on the government s recognition of their rights, distorts the consultation process and makes dialogue spaces with companies more complex due to the making of special agreements. It is necessary to recognize the cultural factors of each country that lead to the formation of blocks within the Amazon Basin. In this sense, one must consider factors such as the language barrier which affects, for example, the joint negotiation capacity of the communities of the Amazon Basin, and a disparate agenda. Thus it is possible to recognize the existence of a sub-basin of the Spanish-speaking Amazon, which may include Brazil, which, despite internal disputes, share common ground from which to coordinate actions. Another sub-basin exists with a colonial and cultural heritage that is more oriented towards Europe. This is the case of Guyana, French Guiana and Suriname, but even in this block, it has not been possible to observe the logic of unified participation and coordination, since each of the three countries has different objectives, despite their similarities. 90

91 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin It is suggested that support from international development agencies would focus on strengthening management capacities and fostering the autonomy of the organizations through work with the territorial communities. Additionally, based on the idea of two Amazon Basins, it is suggested that they propose projects that allow the construction of common agendas in countries such as Suriname, Guyana and French Guiana, and in turn allow for joint participation in spaces of dialogue. With regard to negotiation skills, it is clear that indigenous people have a process of accumulating knowledge and learning. They have developed different strategies and way of communication to negotiate and to set their own agendas, depending on the actor with whom they communicate: state, private sector, or civil society. Three necessary conditions for effective negotiation can be identified: 1) management of technical information; 2) negotiating not only about the amount of money, but also about the use of these funds in local development projects; and 3) building an agenda of dialogue and negotiation from the perspective of indigenous cultural identity, putting on the table their vision and understanding of how to manage resources and the environment. This has allowed indigenous peoples, at the level of the Amazon Basin, to constitute a network of global international impact, with the hispanophone block exerting greater influence, as mentioned above. Nevertheless, this network has made it possible for indigenous peoples to enter into dialogue with governments, the different institutions of the United Nations, and international development agencies, among others. Transparency Level It was observed that indigenous organizations view transparency more in terms of the degree of dialogue and the capacity to convoke the grassroots, and less in terms of the governance component of accountability in the use of resources. However, in the case of national indigenous organizations with project development capacity, transparency is being increasingly incorporated as a project component. This is happening due to audits by donors, but not across the board as part of resource management. Another thing to also keep in mind is the occurrence of corruption that has taken place within the organizations: these have tended to be more visible when government funding was involved. On the other hand, there are also organizations that do not currently execute projects and therefore focus on their accountability with the community. This is conditioned by the mechanisms and means of convocation as well as the geographical location of the communities. It is recommended that efforts to strengthen transparency keep in mind the particularities of each country. With respect to transparency in terms of accountability, it is important to continue strengthening qualified personnel, supplying the necessary equipment, and maintaining the necessary structures. And with respect to transparency in terms of communication, the challenge involves providing training for those representatives and members that can construct and/or maintain clear and timely channels of communication. In both respects, the issue of transparency is vital to the strengthening of ties between national organizations and their respective bases. 91

92 FINAL RESEARCH REPORT Participation of Indigenous Women This is an issue that still represents a challenge in the Amazon Basin region. It was observed in the nine national indigenous organizations under analysis that the inclusion and participation of women is still being relegated to a secondary consideration. As a result, there is a tendency for management to neglect the gender issue in the decision-making process, thereby making the gender agenda invisible. This makes it impossible for the organizations to capitalize on opportunities for the funding of initiatives in this area, and in this way they reduce their capacity for representation and effective participation. With respect to the accessibility of funds, there is a dilemma here since some funding is only available to groups comprised solely of women. This leaves out women who are part of mixed organizations, such as the major indigenous organizations of the Amazon Basin. There is therefore a potential risk of fomenting gender division in organizations by putting such limits on funding in this area. It is important to understand that the participation of women in the nine national organizations is relegated to the areas of coordination or secretarial or of limited participation in the boards of directors. Consequently, they have little to no voice in the decision-making process. In spite of this, cases such as the OPIAC in Colombia, which reflect certain initiatives of change towards real participation, are highlighted, granting more spaces of participation in the accompaniment of different projects and initiatives. Beyond the artificial representation of women, it has been identified that the gender issue is being promoted through the project requirements of funding partners. Also internally, processes of cultural exchange and battle in favor of gender representation are being developed that promote a more progressive change in indigenous organizations, evidencing the need to deepen the gender approach. We suggest clearly defining the role of the international development partner in project requirements with respect to the gender policies of the organization, as well as in the implementation and financing of initiatives, hereby avoiding individual empowerment and disputes that are not sustainable. Suggestions for the organizations themselves include the promotion of effective spaces for participation at the regional, national and local levels of indigenous organizational structures. However, these initiatives must be mindful not to impose or encroach on the autonomy of indigenous organizations; instead, this should be done through incentives for fulfillment and the meeting of concrete goals. In addition, we suggest promoting the financing of projects for mixed organizations that incorporate concrete and verifiable goals, indicators and financing that demonstrate the real participation of women from the grassroots to the national level. 92

93 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Foto: M Matias 93

94 Foto: Apib Comunicação 5 Recommendations 94

95 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Indigenous Organizations are realizing their important position in different scenarios related to development and international development partner projects or in conflicts relating to the extractive and infrastructure projects. This is a result of an expanding knowledge regarding their right to territory, its implications and the slow but existing actions of indigenous territorial recognition. Representation Level This study has found that the main challenges for the indigenous organizations of the Amazon basin are the existence of formal and effective mechanisms of governance in participation, transparency, and effective mechanisms for the participation of indigenous women. In order to strengthen representation, the political and technical capacities of indigenous leaders should be developed with dialogue, negotiation, and advocacy strategies. These should collect lessons from previous experiences. In relation to this, it is necessary to promote the systematization of experiences as planning tools. An element of cultural and political character to consider and to better understand the representation and its reach in the Amazon basin is the existence of a colonial matrix. Countries like Guyana, French Guiana, and Suriname maintain a dynamic that links them much more with Europe than with South America. This is a challenge that is not solved with the idiomatic translation, but with an agenda of integral coordination, reinforcing the presence in these countries, and media messages in this vein. Negotiation Capacity For the defense of indigenous rights, it is necessary to build mechanisms of interaction at three levels: local (community), subnational-national (federations of indigenous organizations), and regional-supranational. In addition, organizations need to improve technical and human capacities (human resources) that allow the optimal development of proposals and projects as well as an adequate management of resources. These should facilitate the generation of protocols and negotiation strategies appropriate to the learning of indigenous peoples. There is a positioning for negotiation in which the knowledge of indigenous organizations of their territory and its particularities is not only an added value, but rather fundamental. This knowledge arises as a condition and element of negotiation, which in some cases provides consent for the development of projects, or guarantees the participation of communities in project implementation. 95

96 FINAL RESEARCH REPORT Transparency Level In order to achieve an adequate level of transparency, it is important to promote internal institutional incentives, and to have personnel exclusively dedicated for this cause. This should focus on providing internal and external information to indigenous organizations and on developing the components of communication and information. This component should be strengthened both internally with grassroots organizations and externally to the public as well as cooperating sources. Transparency related to accountability mechanisms is a substantial element, because it facilitates the technical strengthening of indigenous organizations when exposed to the management of economic resources and their respective audits. As organizations have also shown weaknesses at the institutional level, this has allowed for the existence of cases of resource mismanagement. For this reason, it is necessary that this indicator be present as a condition in project development. In addition, there should be institutional mechanisms of control and sanctions duly regulated to achieve organizational strengthening. Participation of Indigenous Women The development of a gender focus remains a work in progress, although this also depends on cultural elements, taking into account indigenous peoples that have cultural characteristics that facilitate dialogue with a gender based approach because of their cultural characteristics. There are others where the participation of women is certainly limited. In that sense, there is a discrepancy between the participation of indigenous women and the existence of gender quotas. There is progress in relation to the second aspect of incorporating indigenous women into leadership positions. However, this incorporation does not guarantee participation mechanisms. In many of the recorded and analyzed cases, the voice of indigenous women is minimal, and their agenda is not prioritized. This has generated different types of tensions, one of which is related to identifying mixed organizations as a problem, where messages of organizational division appear. This is undoubtedly a risk for indigenous organizations, and a very sensitive issue. It is necessary, first, to strengthen spaces for dialogue among indigenous women, which facilitate the identification of learning and challenges. This will help reinforce messages about the importance of female participation and help identify strategies for action to confront obstacles. Second, the construction of measurable or evaluable protocols that guarantee and/or promote the effective participation of indigenous women in mixed spaces should be promoted. The latter must take into account the cultural particularities of indigenous organizations and communities in order to not be invasive or imposing. In addition, the appointment of a staff should be promoted and verifiable goals and indicators should be incorporated into the different levels of indigenous participation. 96

97 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Specific Recommendations: Variable Proposed USAID Elements Suggested Actions With the support of NEGOTIATION Negotiating, affirming or defending the rights and interests of indigenous peoples Have specialized technical personnel and promote the strengthening of the organization s technical capacities. Prioritize the recruitment of indigenous professionals and their incorporation from base organizations to strengthen organizational identity. Elaborate negotiation manuals that are culturally and territorially adequate for each organization or indigenous group. These should be institutionalized as part of the organization s protocols and should be the responsibility of leaders so they have organizational meaning. Actions: 1. Develop technical capacities within the local/national/regional organization that facilitates the elaboration of alternative proposals of territorial development and the defense of indigenous community rights. 2. Systematize negotiation experiences and develop manuals. 3. Identify and train those responsible in negotiation strategies within the indigenous organizational structure. 4. Promote compliance with the agreements of state organizations in the framework of projects that have impact on their rights. Furthermore, train organizations and their leadership in the identification and construction of follow-up mechanisms related to agreements with private and non-state actors. 5. Enjoy the support of academia (universities) and civil society organizations in the monitoring of agreements. National Indigenous Organizations NGOs 97

98 FINAL RESEARCH REPORT Variable Proposed USAID Elements Suggested Actions With the support of Ensure financial support and/or strategic alliances with partner agencies in order to establish means of self-sustainability of the organization and promote the institutionalism of grassroots organizations at regional and local levels. Encourage and strengthen the development of territorial planning and management tools as a basis for the participation of indigenous peoples and communities in a negotiating environment. Strategies should be designed in relation to the future vision of communities or organizations. NEGOTIATION Significantly influencing decisions relating to development projects that affect the lands and resources of indigenous peoples. Actions: 1. Strengthen grassroots organizations through the training of indigenous organization leaders and promote the exchange of experiences of territorial defense. 2. Promote the elaboration of life plans, local development plans, and development plans per basins of subnational rivers of each country 3. Reinforce channels of communication between national organizations to generate impact campaigns, with the support of COICA at the international level, promoting an articulated discourse between COICA, national and grassroots organizations. 4. Reinforce the presence of representatives of regional organizations in national bases. 5. Train members of regional and national indigenous organizations in the monitoring and tracking of national processes of planning, national policies related to territory and legal ordering developed by governments at the internal level. Participate in dialogue spaces financed by international financial institutions at the external level. National and international indigenous organizations NGOs Academy 98

99 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Variable Proposed USAID Elements Suggested Actions With the support of NEGOTIATION Participating in the monitoring of development projects and corrective measures (when necessary). Establish and promote the implementation of communication systems with particularities according to each territory/organization. For the tracking of corrective and control measures, it is necessary that indigenous organizations are aware of the procedures and institutionalism of each sector and types of projects, as well as the differentiated analysis of the impacts on vulnerable populations of indigenous women. It is necessary to develop permanent spaces of training, such as schools, and to institutionalize them. Actions: 1. Creation and/or strengthening of national, regional, and local surveillance systems that incorporate regional and local indigenous organizations, and is recognized by the state. 2. Construction of free-access databases that house case history, with personnel in charge of updating and inputting information. 3. Protocols for monitoring agreements and measures decided in negotiation spaces to generate complaints of non-compliance. Activation of complaint mechanisms before international financial organizations. 4. Monitor the fulfillment of international commitments assumed by national governments linked to the rights of indigenous populations, international standards as well as the participation of transparency initiatives that also have an impact on the rights of indigenous peoples (E.g. Open Government, EITI). 5. Encourage the creation of permanent training spaces for indigenous organizations to monitor development projects and corrective measures. National and international indigenous organizations Civil society Academics 99

100 FINAL RESEARCH REPORT Variable Proposed USAID Elements Suggested Actions With the support of Taking into account the cultural and organizational particularities of each country, develop and/or strengthen discussion spaces and communication systems between the national organization and regional/local bases. In addition, contribute to the development of territorial workspaces where local agendas strengthen the national agenda, with the goal of strengthening the representative channels of indigenous organizations. In order to strengthen transparency and confront acts of corruption related to the management of funds, consider including payments or compensation for leaders in the framework of activities conducted. This would cover the time spent in planning, developing, and evaluating activities. TRANSPARENCY Transparent and democratic representation in the majority by the majority of voters. Actions: 1. Establishment of financial and/or organizational incentives for decisionmaking bodies (indigenous organization steering committees) of indigenous organizations for clear and opportune accountability. Taking into account the amount of funding and conditions of project funds, the development of internal audits at the national, regional, and local levels should be encouraged. The goal is to transfer information on the execution of projects from national organizations to their bases. Efforts should also be made to train and strengthen the administrative and financial capacities of regional and local organizations so that they can be a more integral part of the internal audit process. 2. Consider in the project financing items the recognition of work done by the leader of the regional/local organization in the actions to be carried out at management levels, with the aim of reducing cases of corruption. 3. Promote the development of decentralized assemblies in national organizations (to access local agendas). Develop of training or deployment of training schools. 4. Promote horizontal representation from national and local organizations through the creation of visibility mechanisms that facilitate the inclusion, within the central agenda of the representative organization, of the needs and of grassroots or represented organizations. Indigenous Organizations NGOs/Civil Society 100

101 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin Variable Proposed USAID Elements Suggested Actions With the support of Strengthen strategies to train representatives and members of indigenous organizations in order to construct and maintain clear and opportune channels of communication, both at the national and local levels. TRANSPARENCY Maintenance of clear and opportune communication with electors regarding their work. Actions: 1. Implementation of a permanent strategy to disseminate internal information among regional grassroots organizations and with local organizations and their representatives (including hiring of staff, materials, media) for the permanent dissemination of information at the internal level, to make the information they have available, as a space for communication with perspectives of governance. Incorporate leaders in the development of communication tasks as part of their political responsibilities. 2. Establishment of a local level network of indigenous communicators, tasks assumed by indigenous settlers and the use of existing communication channels in the area (radio, telephone, etc.). 3. Training of communications officers, ensuring the existence of communications equipment and maintenance of the infrastructure of indigenous organizations. NGOs/Civil Society State 101

102 FINAL RESEARCH REPORT Variable Proposed USAID Elements Suggested Actions With the support of Promotion of effective participation spaces at the national, regional, and local levels of indigenous organizational structures. (Do not impose on or invade the autonomy of indigenous organizations, but implement this approach through mechanisms such as financial and/or organizational incentives based on the achievement of concrete goals.) PARTICIPATION OF WOMEN Role of women within the organization. Actions: 1. Finance projects of mixed organizations that incorporate concrete and verifiable goals, indicators and financing mechanisms that ensure the real participation of women from territorial to national levels. 2. Encourage the leadership of indigenous women in mixed organizations to execute or direct projects which have technical equipment. 3. Foster the institutionalization of women s participation through inclusion and/or recognition in the organizational statutes. 4. Within the structure of mixed indigenous organizations, develop activities that allow indigenous women to find, exchange experiences and identify learning for their participation in organizations. 5. Promote the participation of women as indigenous representatives of organizations in international fora and spaces. NGOs/Civil Society Academy (*) Clearly define the role of partner agencies in the demands of respect for gender policies within organizations and at the time of implementing and financing initiatives. 102

103 Foto: Mídia Ninja

104 Foto: Rainforest Action Network 6 Anexes 104

105 Effective Representation?: Case Studies of Indigenous Organizations and Infrastructure Development in the Amazon Basin 6.1 Interviews INDIGENOUS ORGANIZATIONS Name - Position National and Sub National Organization Country Case Mario Hastings - President Michael McGarrell - Coordinator National: APA Guyana Mining Project Aurora Jocelyn Thérèse General Coordinator Julien Pierre Vice Coordinador National: FOAG Sub National: Association of Teko Wayapi people French Guiana Amazonian Park Marlon Richard Vargas - President Jose Gualinga - Member Daniel Santi - Member National: CONFENIAE Sub National: CTI (Ex OPIP) OPKS Ecuador Sarayaku Yasuni Nardo Aloema President Sirito-Yana Aloema Presidential Representative Josien Tokoe Gender, Women and Family Coordinator National: OIS Suriname Kaliña y Lokono de Marowjine (KLIM) Maximiliano Correa - President Joao Neves - Coordinator National: COIAB Sub National: FEPIPA Brazil Tapajós Belo Monte Gregorio Mirabal President National: ORPIA Sub National: UCIW FIEB Venezuela Orinoco Mining Arch Robinson López-Human Rights Coordinator (OPIAC) Sub Regional ACIPAP Gregorio Rodriguez (Representative ACIPAP) Carlos Andres López (President ACIMVIP) National: OPIAC Sub National: ACIPAP-OZIP (El Orito) ACIMVIP (Villa Garzón Case) Colombia El Orito Putumayo APE la cabaña Villa Garzón Adolfo Chávez - President Nelly Romero - Vice President National: CIDOB Sub National Sub central TIPNIS Bolivia TIPNIS 105