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Derechos | Equipo Nizkor
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Derechos | Equipo Nizkor
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12Oct16
YPFB uses a faked consultation against the APG IG, falsifying indigenous jurisdiction, that has been promoted by the Ministry of Hydrocarbons
The descendants of Malinche
A document called "minutes of consultation", falsifying the decision of the thirty-six communities who make up the Original Community Territory of Itika Guasu (TCO Itika Guasu) , was drawn up as part of an operation put together by the legal department of the Bolivian State Oil Company (YPFB). The said minutes - fostered by the Bolivian Ministry of Hydrocarbons and on which the signatures of a significant number of officials from this Department appear-, even include the signatures of minors, the argument for this being that in Guarani tradition, children participate in community assemblies.
This falsification heightens the merciless legal attack which is aimed, as declared explicitly by the Bolivian public oil company, at destroying the legal authorities of Guarani communities. To this end, the company has authorized payments to Shell that violate indigenous jurisdiction and the Bolivian Constitution.
The oil company's lawyers know full well that this consultation is null and void and is not only unconstitutional but also racist and constitutes an interference in indigenous jurisdiction.
The new petroleum policy of Evo Morales' administration includes the attack against indigenous organizations throughout the country. According to sources close to the government, these attacks may be led by Minister Quintana by means of covert operations carried out throughout the territory, using military logistics.
Let us not forget that this civil servant was a student of the infamous School of the Americas and received counter-intelligence courses at Fort Bragg, which could only be attended by Latin American soldiers who were trusted by North American armed forces. He was also an intelligence officer assigned to social control under the dictatorship of Banzer.
With regards to the current affair, this journalist had access to judicial records kept with a first instance Tribunal in Entre Ríos, in the O'Connor province, where it appears that false (in the most general sense of the word) documents were brought before the courts. These false documents purport to create a fake indigenous jurisdiction and de facto replace the traditional authorities. The documents are aimed at establishing in a totally artificial and illegal way "indigenous courts", controlled by kapangas financed by the state oil company. (The name kapangas is applied to the leaders of the parallel structures created by the Government).
What is both incredible and terrifying is that public funds are being used to carry out such operations against indigenous people, such as those that took place in the Tipnis, Takovo Mora and in all Guarani territories. Now they intend to use the same method for the hydroelectric project called "Angosto de El Bala".
At least 28 of the 36 communities of the TCO Itika Guasu have decided to tackle this situation. To do so, they have adopted a resolution within the ordinary indigenous jurisdiction in force in their territory and have decided to notify all the authorities of their rejection of this type of behaviour.
This resolution, to which we had access, attempts to face YPFB, which has mobilized lawyers and employees of the Royal Dutch Shell company, with which YPFB is jointly planning these operations in a direct manner.
Over the past few days, they have met with officials under Sub-Governor Walter Ferrufino, who the APG IG has been denouncing for years, in order to plan new, totally illegal, schemes, against the Guarani people of the TCO Itika Guasu.
The covert and illegal actions concerning indigenous affairs effected by the government do not appear in any media source in Bolivia. As a consequence, the seriousness of the facts and the responsibilities that emerge are 'invisible' to society, despite the governmental campaign which regards certain media as a mafia leagued against the government, which the latter calls "the lie cartel".
Senior YPFB officials are lobbying judges and prosecutors from all jurisdictions related to indigenous matters, including the Constitutional Court, to support these illegal actions. It should be emphasized that despite these actions not being carried out under the ordinary procedure, all officials and employees of judiciary bodies are perfectly aware of them; there are also many testimonies, as this is a usual practice in ordinary Bolivian jurisdiction.
According to senior YPFB officials, Bolivia's oil exploitation, that is, its national security, is at stake, and it is necessary to destroy the indigenous organizations who blackmail the government, in the words of Bolivian President Evo Morales.
IN the worst-case scenario, not only will public resources be used against indigenous people, but the political Constitution of the State itself will go unheeded and will become an obstacle to the explotation of gas, oil and other natural resources.
[Source: By Irandey Tupapire, Radio Nizkor, La Paz, 12Oct16]
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 | This document has been published on 02Dic16 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. |