Tuesday, March 10, 2015

Cautionary measures to protect the rights for water of the indigenous Wayuu people

This month we should know the decision of the Inter-American Court of Human Rights around the cautionary measures to be taken requested by the Wayuu communities that depend on the Rancheria River for their subsistence.
The situation that the Wayuu indigenous people have suffered for decades shows that it is false to think that extractivist projects generate prosperity for the communities living in the territories where they are held. La Guajira is coping with one of the worst humanitarian crisis in the country, a few miles from one of the most profitable mines in its history: El Cerrejón.

The latest controversy involves the use of water from the Rancheria River that the mine uses, which according to satellite images, has a flow that dries after passing through the Cerrejon mine, which uses 35 million liters of water per day (the equivalent of the supply 3 million people).
As demonstrated by the journalist Gonzalo Guillén by recording a documentary on La Guajira, the situation of water supply is critical to the indigenous population. While the place has always been a desert, the few scarce water sources that communities depend on are now completely dry. The question is: where did the water go so suddenly?
In one of the most disturbing scenes of the documentary, titled “El Rio que se robaron” (The river that was stolen), an indigenous leader is taken to the dam of El Cercado, which, according to the Wayuu, prevent them from going to talk to the administration without a warrant signed by the President of Colombia, Juan Manuel Santos. From a nearby hill, an indigenous woman, outraged by seeing the water in the dam, repeated, "I did not know the water was here, here's all while our animals die."
The experts consulted by the documentary agree in saying that this dam, which is used to irrigate rice crops agribusiness and the Cerrejon mine with the remaining flow of the river, are responsible for this environmental and humanitarian catastrophe.
The result has been that, according to a report by the Defensoría del Pueblo, "a significant number of children, mostly Wayuu, has died in La Guajira department in recent months".
Cerrejón representatives consulted say, of course, that the allegations are untrue. They say the Cerrejón hardly uses any water from the Río Ranchería, and that the little that employs does not affect the flow; also, they claim, their projects supporting indigenous communities are many and very successful, and that their presence has brought enormous benefits to communities and the Department of La Guajira; that the problem of La Guajira is corruption, not the mining project; and the only environmental damage they have caused is the contamination of air, although it is minimal and will soon be resolved. He adds, by way of explanation, that all human activity affects the environment.
Carolina Sáchica Moreno, from the legal office of the Universidad Jorge Tadeo Lozano, has supported the representative of the Association Shipia Wayuu, Javier Rojas Uriana, in preparing a request for cautionary measures of the Inter-American Commission on Human Rights.
If the Commission decides in favor of the Wayuu communities, as it must, according to the history of similar relief granted to the Indians of the Xingu River basin, against Belo Monte hydroelectric project in Brazil, the Cerrejón should discontinue the use of Rancheria River water, obliging them to release the water from the dam El Cercado. This will happen until experts determine how much water can be used for agribusiness and mining projects without the indigenous communities dying from thirst.
It is unfortunate, but predictable, that national authorities have been unable to protect the fundamental rights of communities against the greed of big farmers and the country's most influential mine.
Written by: Santiago Villa
Translated by Rancheria River
Article in Spanish at http://rio-rancheria.blogspot.com/2015/03/medidas-cautelares-para-proteger-el.html



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