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An Indian leader from
the Upper Amazon recently commented to me that the
whole issue of the environment, Indians, and oil
companies had taken on global mythical proportions.
He was partly proud, partly surprised, and partly
bemused. For many people, the mythic image evoked
by an oilrig hacked into the Amazon Rain Forest,
particularly if it looms over Indian communities,
is that of Paradise Lost. However, for others who
currently view the wide array of communities, institutions,
organizations, companies, adventurers, journalists,
and other characters, compounded by each's enigmatic
or mutually misunderstood concerns, interests and
agendas, the images are more like those molded by
Gabriel Garcia Marquez than by John Milton. Beyond
comparing narratives, one can also ask if anything
can be done to prevent this mix of interests from
becoming a social and environmental tragedy in the
region. Perhaps. Here we review two recent efforts
by Harvard's Program on Nonviolent Sanctions and
Cultural Survival (PONSACS).
Colombia: Oxy and the U'wa
Ironically, a protagonist
in Garcia Marquez' Noticia de un Secuestro, Colombia's
ex-Minister of Defense Rafael Pardo, helped draw
PONSACS into a complex applied research/conflict
management project in Colombia. In mid-1996, Pardo,
then a Fellow at Harvard's Center for International
Affairs, discussed with me the difficulties of deciphering
the complex cultural and political "codes"
of those involved in environmental disputes. PONSACS's
interest in disputes involving international extractive
companies, Indians, and rain forests were a case
in point. Pardo quietly suggested the need for such
work in Colombia. About a year and a half later,
the Colombian Ministry of Foreign Affairs asked
the General Secretariat of the Organization of American
States (OAS) to undertake an on-site investigation
of a stalemated, multi-stakeholder dispute between
an indigenous group --the U'wa-- and a multinational
oil company, Occidental de Colombia (OXY). Pardo,
then working at the OAS, recommended that the Chief
of Staff, Ricardo Avila, solicit the participation
of Harvard University's PONSACS Program. The General
Secretariat, drawing in its Unit for the Promotion
of Democracy, then established the OAS/Harvard Project
on Colombia with experts in international law, indigenous
rights, and the analysis and prevention of inter-ethnic
conflict.
What was going on?
In April 1995, U'wa Indians were threatening to
commit mass suicide by leaping from a 1,400 foot
cliff to protest OXY's plans for oil exploration
in the Samore Block, the Colombian newspaper El
Nuevo Siglo had reported. U'wa leaders said that
oil production would destroy the world as the U'wa
knew it. They and the Colombian national Indian
organizationalso argued that all previous oil activities
in Colombia's rain forest had already left a legacy
of social and environmental degradation and destruction.
In the face of national and international pressure,
OXY halted all work in the Samore Block, and sought
to open discussions with the U'wa and other critics
of the proposed work.
Meanwhile, the Colombian
Ministry of Mines and Energy and the national oil
company, Ecopetrol were contending that oil-exporting
Colombia would become a net importer by the year
2005, thus precipitating a national economic crisis.
Other ministries and directorates, particularly
the National Ombudsman and the National Directorate
for Indigenous Affairs supported U'wa rights. The
national Indian organization, while strongly supporting
the U'wa, argued that the National Directorate was,
in general, an unnecessary paternalistic anachronism.
The U'wa situation
prompted the various stakeholders to test aspects
Colombia's progressive 1991 constitution, specifically
with regard to indigenous rights. The case thus
served as a platform to debate human rights, environmental
risks demonstrated by earlier oil exploration, and
national economic priorities. It also illustrated
the entangled roles of various government ministries,
expanded the political space occupied by Colombia's
national Indian organization, increased attention
on the environmental and economic impact of international
oil companies operating in Colombia. The fact that
the Ministry of the Environment's had approved OXY's
work plan thus became submerged in a flurry of broad
national political debates.
Added to the soup
of stakeholders were, and still are, the various
factions of the National Liberation Army along with
sectors of the well-armed Colombian Revolutionary
Armed Forces, who regularly blow up OXY's existing
Cano Limon pipeline, and kill oil workers. This
in turn has encouraged increased Colombian Army
presence. This mix of guerrillas and army, close
to the U'wa's densely forested and mountainous terrain,
places the Indians at considerable risk. While most
U'wa try to remain neutral, they are simultaneously
recruited and questioned by the Colombian army and
the guerrillas alike. The clear presence and influence
of guerrilla groups also sidetracked many aspects
of the national debate with oil companies emphasizing
the guerrillas' influence, while the indigenous
organizations insisted that the issue of guerrilla
involvement merely blurred Indian rights issues
such as consultation and the need to evaluate potential
environmental destruction occasioned by oil production.
All dialogues became
acrimonious debates. The U'wa's situation, whether
interpreted as a culture and its lands at risk or
individual lives in jeopardy, became a platform
for arguing group rights and national economic priorities,
but the stakeholders weren't listening to each other.
The Ministry of Foreign Relations decided to seek
outside help through the newly-formed OAS/Harvard
team. At about the same time, the national Indian
organizationand the U'wa, with support from US non-governmental
organizations submitted a formal complaint to the
OAS's Inter-American Commission on Human Rights.
The OAS/Harvard team's
initial research quickly recognized that, despite
the apparent simplicity of this David and Goliath/Garden
of Eden case, a complex set of concerns were clearly
linked to a wide set of national and international
interests. Nonetheless, the team focused its research
on what, in its opinion, were the two critical themes:
the Colombian Constitution's stipulated but ambiguous
requirements for community consultation and respect
for indigenous rights in determining the future
of their traditional territories and resources.
The researchers' recommendations, drawing on much
of the pioneering conflict management work at Harvard,
focused on issues and concerns apparently shared
by the key parties to develop some form of joint
problem solving process.
In early September
1997, OAS Chief of Staff Ricardo Avila and the author
of this article, PONSACS Associate Director Ted
Macdonald, traveled to Colombia to present the team's
report to all of the major stakeholders. The newly
elected government of President Andres Pastrana,
as well as many of the stakeholders, have now indicated
a desire for continued involvement by the OAS/Harvard
team, as a means to assure Colombian remains compliance
with a "friendly settlement" recommended
by the Inter-American Commission on Human Rights
in response to the complaint. As of this writing
(September 1998) plans for future work have been
made but the second phase of the project is not
yet underway.
Though the U'wa/OXY
case has obtained one of the highest profiles in
the Americas, it is by no means an anomaly. PONSACS
has already been asked to undertake similar research
and recommendations in two oil-related cases in
Ecuador as well as an on-going Indian/forest concession
dispute in Nicaragua.
Dialogues on "Oil
in Fragile Environments"
Given the extent of
mutual misunderstanding and the increased presence
of oil activities in the Upper Amazon, PONSACS began
a program last year to complement its direct involvement
in field activities with broader more traditionally
academic efforts through meetings at Harvard. Thus,
the program initiated the "Dialogues on Oil
in Fragile Environments." The dialogues were
founded on two simple background considerations:
(a) exploration for and production of oil in fragile
environments, particularly the Upper Amazon regions
of Colombia, Ecuador, Peru and Venezuela, have produced
a number of reactions and realities that range from
non-Governmental organizationsS demands for a total
ban on oil production to oil company operations
which are insensitive to either social or environmental
concerns; (b) presently occupying a large and expanding
middle range is a "moderate center," composed
of oil companies, environmental non-governmental
organizations and indigenous groups concerned with
minimizing the negative impact of resource extraction.
There are few, if any forums in which these groups
can meet informally and quietly.
The Dialogues were
established to provide a framework for analytic,
non-adversarial discussions that regularly bring
together members of these interested parties in
small groups. The meetings are expressly not designed
as a forum for negotiation, but for free, open,
and confidential exchange. The third-party facilitating
team assists the flow of the meetings; the substantive
issues, specific format and other aspects of the
dialogue are defined, periodically revisited, and
agreed upon by the participants themselves. Four
oil companies and four non-governmental organizations,
which had expressed concern for pursuing the objectives
outlined above, participated in the February 1997
dialogue. Since then the group has developed ways
to progressively and effectively expand to include
more companies and non-governmental organizations,
doubling in size since the first meeting.
There has also been
a desire for direct participation by those local
stakeholder groups involved in or affected by oil
exploration and production in fragile environments,
including many of the region's indigenous peoples.
Consequently, beginning with the September 1998
meetings at Harvard, indigenous representatives
experienced in oil issues, from Bolivia, Colombia,
Ecuador, and Peru, will participate in the Dialogues.
The long-term goal is to establish a permanent,
yet informal forum for discussion and clarification
of inevitable misunderstandings and disputes.
These illustrative projects are, in a sense a form
of "preventative diplomacy." Given the
current and often conflictive need to reconcile
evolving international human rights norms with the
perceived government need to attract foreign investment
in Latin America, conflicts will inevitably increase.
However, disagreement and conflict, provided that
they are not met with repression and violence, are
signs of a healthy and normally "messy"
democracy. The expanding and direct role of indigenous
peoples in environmental disputes with some perceptions
of national development need not be a threat to
stability. On the contrary, such participation illustrates
expanded, and thus positive, political pluralism
within culturally plural and traditionally asymmetric
societies.
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