Human rights, environmental damage and oil extraction in the Peruvian Amazon: Prior Consultation in Block 192 Martin Scurrah

Transcription

1 Human rights, environmental damage and oil extraction in the Peruvian Amazon: Prior Consultation in Block 192 Martin Scurrah Presentation for the Annual General Meeting of the Peru Support Group, London, October 17, 2015

2 Outline Context Background Negotiations between the four federations and the State Prior consultation process Oil contract negotiations Analysis, conclusions and lessons learned

3 Context

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5 LOTE 192 LUGARES PARA ETAPA DE DIÁLOGO 12 DE OCTUBRE JOSÉ OLAYA Río Tigre Río Corrientes NUEVO ANDOAS 192 Río Pastaza 5

6 Indigenous Peoples Achuar Quechua Urarina Kukama-Kukamiria

7 Indigenous Organizations AIDESEP (Indigenous Association for the Development of the Peruvian Rainforest) ORPIO (Regional Organization of the Indigenous Peoples of the Eastern Amazon) PUINAMUDT (Amazonian Indigenous Peoples United in Defence of their Territories) FEDIQUEP (Quechua Indigenous Federation of the Pastaza River) FECONACO (Native Communities Federation of the Corrientes River) FECONAT (Native Communities Federation of the Upper Tigre River) ORIAP (Interethnic Organization of the Upper Pastaza River) ACODECOSPAT (Asociación Cocama de Desarrollo y Conservación San Pablo de Tipishca)

8 Oil Companies Occidental Petroleum (Oxy) Petroperú Pluspetrol Pacific Stratus Perenco Omega

9 State Institutions (1) PCM (Prime Minister s Office) National Office for Dialogue & Sustainability (ONDS) MINEM o MEM (Ministry for Energy and Mines) Perupetro OSINERGMIN (Office for Supervising Energy and Mining Investments) MINAM (Ministry for the Environment) OEFA (Organism for Environmental Monitoring & Evaluation MVCS (Ministry for Housing, Construction & Sanitation) MINDIS (Ministry for Development & Social Inclusion)

10 State Institutions (2) MINSA (Ministry for Health) DIGESA (Environmental Health Department) MINCU (Ministry for Culture) Vice Ministry for Interculturalism, Ministry of Culture MINAGRI Ministry for Agriculture & Irrigation ANA (National Water Authority) Defensoría del Pueblo (Ombudsman s Office) Loreto Regional Government

11 Civil Society Organizations (1) Nacionales: Solsticio PUINAMUDT FEDEPAZ (Ecumenical Foundation for Development and Peace) DAR (Rights, Environment and Resources) Alianza Arkana Perú Equidad National Human Rights Coordinator

12 Civil Society Organizations (2) International Rainforest Foundation (Norway & US) Oxfam

13 Background

14 Rubber Boom Julio C. Arana & Peruvian Amazon Company Roger Casement

15 Oil Development Discovery Trompeteros : Lily La Torre & Racimos de Ungurahui Health impacts: 99% population over maximum limits for cadmium in the blood 66% children between 2 & 17 years over limits for lead in the blood 13% children with lead levels considered dangerous

16 Corrientes River Indigenous Uprising Key factors: Alliances (Racimos, ERI, Ombudsman) Official data Media Direct action Dorissa Accord: Reinjection production waters Health plan Development program Monitoring committee

17 Negotiations between the State & four indigenous federations

18 Negotiations between four federations & the State (1) Empowerment of FECONACO as model Three years negotiating ( ) Two multisectoral commissions; five prime ministers Indigenous agenda: Environmental remediation Land titling Compensation for territories occupied Indemnization for health & other impacts Government services & development

19 Negotiations between four federations & the State (2) Environmental and health studies in each river basin by OEFA, ANA, DIGESA & OSINERGMIN Environmental emergencies declared in each river basin Potable water issue: >60 kits & water treatment plants Final agreement signed, March 2015

20 Environmental & Health Impacts Not a single community studied in any of the four river basins had drinking water fit for human consumption. Non compliance by Pluspetrol with many environmental regulations, including environmental remediation. Serious contamination of lakes, gullies & soil. Contamination above allowable levels of TPH*, lead, barium, arsenic, cadmium, zinc & mercury. *Total petroleum hydrocarbons

21 Free, Prior & Informed Consultation

22 Prior Consultation Process ILO Convention 169 Bagua conflict Prior Consultation Law No (2011) Regulations: Supreme Decree No MC

23 Definition Right to be Consulted Art. 1º, 2º y 3º Ley 29785

24 Art. 4º Ley Principals

25 Indigenous peoples to be consulted Criteria for identifying indigenous peoples: OBJECTIVE CRITERIA: a) Direct descendence from first nation peoples b) Life styles & spiritual and historic ties c) Their own social institutions & customs d) Distinct life styles & cultural patterns. SUBJETIVE CRITERION: Collective awareness pf possessing an indigenous or first nation identity. Art. 5º, 6º y 7º Ley 29785

26 Steps in the Consultation Process Título III: Etapas del proceso de consulta Art. 8º Ley 29785

27 Negotiation Dynamics* Supposed to begin April 13; began April 29but suspended May 1 Rescheduled May 17-20, but held May Separate consultations: July 14-17: FEDIQUEP & FECONACO July 20-22: FECONAT July 10: consultations bases: 27 demands July 15: consultation suspended: ORIAP: postponed till July 23 July 23: postponed till August 14 August 14: process unilaterally suspended *Negotiations at two levels: political & technical.

28 Final Outcome (1) FECONAT & ORIAP accepted government development fund offer (0.7% value of production) FEDIQUEP & FECONACO refused to sign and demanded 2.0% After consultation with bases FEDIQUEP & FECONACO write to Humala requesting continuation of consultation Support from National Human Rights Coordinator, Ombudsman, Amnesty, civil society organizations, etc.

29 Final Outcome (2) September 14: indigenous occupy Andoas airport, oil wells & pipeline pumping stations demanding negotiations September 24: Agreement: Health study Endowment fund Land titling Environmental remediation fund Easements

30 Oil Contract Negotiations

31 Oil Contract Negotiations (1) May 14 Perupetro calls for bids June 26 Repsol, Perenco & Pluspetrol express interest in bidding. July 13 Perenco, Pluspetrol & Pacific Stratus Energy request postponement. August 4 no bids presented. August 14 Perenco withdraws. Negotiations for two year service contract with Pluspetrol, Pacific Stratus Energy & Omega.

32 Oil Contract Negotiations (2) August 23 negotiations with Loreto Regional Government suspended. August 24 one day regional strike led by Loreto Patriotic Front. August 27 motion to assign Block 192 ri Petroperu defeated in Congress. August 29 contract with Pacific Stratus Energy approved (DS No EM).

33 Oil Contract Negotiations (3) September 2-3: 48 hour regional strike in Loreto. September 3: Congress reverses position and authorises Petroperu to assume control of Block 192. September 25: President observes law. October 1: Congress overrides veto

34 Analysis & Conclusions

35 Analysis & Conclusions (1) The role of prior consultation in the political mobilization and advocacy process: The right to be consulted versus the resolution of the issues. The support organizations versus the indigenous organizations. The right to be consulted versus the negotiation of the contract. The indigenous organizations & their allies versus the State.

36 Analysis & Conclusions (2) The concept of the right to prior consultation: An opportunity to discuss, defend, exercize and reivindicate other rights: both means and end. One or many consultations per project? The lack of a preferential right for indigenous peoples.

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38 The State: Analysis & Conclusions (3) The roles played by the Actors: Technical capacity versus political will Lack of leadership & coordination Turnover of sectoral representatives Lack of interest and authority to commit: defense of sectoral interests & unwillingness to commit Lack of Budget for the negotiations process Role of OEFA despite political pressures

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41 Analysis & Conclusions (4) The indigenous organizations: Relations with member organizations Relations with the indigenous movement (AIDESEP & ORPIO) Relations between the federations themselves Relations with their advisors and allies Relations with the State & its representatives

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43 Analysis & Conclusions (5) The support organizations: Formal & informal training of indigenous leaders Advice & counsel Information, ideas & proposals Contacts & alliances Political advocacy campaigns Contacts with the media Institutional weaknesses Weaknesses of the platform Personality issues

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45 Analysis & Conclusions (6) The private sector: Differences between mining and oil & gas industries Legality: relatively inflexible & formal Environmental liabilities & remediation Alliances with community enterprises

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47 Analysis & Conclusions (7) The media: Concentration Apus as media performers Limited experience of advisors with media Influence of public opinión on decisión makers.

48 Negotiation Issues Difficulties in generating trust Oppositional versas cooperative stance Mobilization & direct action: negotiation tactic or alternative to negotiations Lack of coordination on both sides Generating aceptable & feasible proposals Defining responsibilities for environmental remediation

49 Thank You