Peace and Hope Pt. 4: El Caso Achinamiza

AVISO: Mis compañeros y compañeras Peruan@s. Lo que escribo es basada en el trabajo que hacemos Paz y Esperanza. Todo este cuento (que esta en ingles) es alquilado de un artîculo de un amiga periodista. Ella vino a la oficina y escribio esta mensaje. Aca hay el Articulo que explica mejor lo que escribo en ingles.

http://fronterasambientales.com/casos-judiciales-revelan-la-otra-cara-de-san-martin-la-region-verde-peruana/



Okay, basically what I said is that everything I write is based on the work we are doing at Paz y Esperanza. This specific case was covered by a journalist friend of mine who did a much better write up in Spanish. Most of what I write is coming from this article. Considering I was in Achinamiza last Thursday/Friday I have a much better first hand account of the people there.

In 2005 a bunch of land in the region of San Martin was declared State Property. As such a plan was formed as part of conservation from 2007-2011. Now, what the government failed to take into account (or directly ignored, Jury's still out) was that over 34 native tribes live on this State-owned land. Part of the reason they never claimed the land is because they live very far away from major population centers and news can take a long time to travel. This conservation project that was created is called the Cordillera Escalera.

Now, because it is a conservation zone the land that is 'state-owned' does not permit fishing, nor hunting, nor growing and harvesting crops. Imagine being a pueblo-dweller and you can't live off the land like you used to. It's illegal to hunt javelinas or fish the abundant river whose banks you live on. Yeah, I'd be pretty pissed.

In 2013, after the Cordillera Escalera project was approved two assessors of the State Government went to survey the land. One of the assessors filed a claim against the Ankash Yaku of Achinamiza for deforestation (you know, for growing their own food  and literally living off the land.) The claim specificies that the pueblo deforested 10,000 hectares.

A follow up was performed by the courts. It was judged that only 11 hectares had been deforested and that of the 15 defendants only 6 of them were to be tried. Since the deforested land is on the Cordillera Escalera project the prosecution is the Peruvian State. Now, here's where Paz y Esperanza steps in.

Human rights lawyer Ruben Diario Ninahuanca explains (in that defense attorney manner I know all too well) that the assessor's surveys were ill-conceived. Ruben claims they didn't take into account the effects of rainfall on the natural vegetation (and we're talking hefty cliff-type jungles so I imagine that has a big effect) they also did not survey the entire land due to physical duress. The engineer who made the assessment claimed he did not remember the case when questioned. This is just the beginning.

May 17, 2013 four engineers from the State go out to perform technical surveys to better ascertain the land the Ankash Yaku live on (the tiny village is called Achinamiza and the people who live there are, mostly, Ankash Yaku.) The leader (Apu) of the pueblo, Elijah Sinti Panduro, and 30 members of the community intercepted these people. They were carrying rifles and machetes normally used for clearing brush or hunting. Panduro and the Ankash Yaku wanted to understand better what the State was attempting to do so they hosted the four engineers at their pueblo for a town hall meeting. The meeting lasted until 8 in the evening at which point the engineers were ordered to stay the night and leave the next morning. The engineers charged Panduro and many other tribe members of kidnapping.

Flash forward to January 21st, 2016 and the court decides that since the Ankash Yaku are not recognized by the government they can be charged as regular plaintiffs and are exempt from a different jurisdiction.

Now, according to the International Labor Organizations' Convention 169 indigenous tribes are entitled to manage their own land and govern themselves apart from the national governing body.

Faced with the charges by the prosecution super lawyer Juan Monroy Galvez is currently working the case. He is stated as saying "These communities, who have been settled for more than 400 years ago, now they are intended to treat as usurpers of their own territory in order to qualify an act as crime [kidnapping]. That is colonialism."

If the defendants are found guilty Sinti Panduro and follower Insipillo Panduro Panaifo are liable to serve 30 years in prison. Panduro responded with "We have things very clear. We know that often advocates and leaders end up in jail. What it gives us fear is that our children remain unprotected."

I was in the Pueblo Thursday/Friday filming interviews and footage of the community. The land is beyond beautiful. I saw it and immediately thought "this is what God intended when he created the Earth." I'm including some clips to demonstrate just how beautiful this place truly is. Currently at Paz I am working on compiling a video in both Kichwa and Spanish to add online (I'll be adding english subtitles to one copy) so consider this a teaser of more work to come. For those of you curious about what to do or how to help currently I ask you pray. Pray the following bible quote:

Jeremiah 22:13 “Woe to him who builds his house by unrighteousness, and his upper rooms by injustice, who makes his neighbor serve him for nothing and does not give him his wages.”

And for a response:

Zephaniah 3:5 “The Lord within her is righteous; he does no injustice; every morning he shows forth his justice; each dawn he does not fail; but the unjust knows no shame.”

Thank you everyone for reading! I hope you took away a lot from this. Please feel free to email me or ask if you have any questions!

 - Daniel Pappas -

Sources:
Fronteras Ambientales
ILO Convention 169
Cordillera Escalera Official Page (Not a joke)