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Guarani organizations reject a new law which annuls the right to consultation and protected sites and uses national security doctrine
RESOLUTION OF THE GUARANI NATION
In the indigenous community of Caraparicito of the TCO Alto Parapeti in Cordillera Province of the Department of Santa Cruz, the Guaraní Nation, in plenary session in the presence of the Councils of Guaraní Captains of Santa Cruz, Chuquisaca and Tarija, and of the National APG, the Captaincy and Communities, the heads of international relations and cooperation of the COICA (The Co-ordinator of Indigenous Organisations of the Amazon Basin) and the President of the CCNAGUA(the Continental Council of the Guaraní Nation) all attended a National Great Assembly on 17th and 18th June 2015 at the meeting rooms of the community of Caraparicito
Following a study of the Supreme Decrees Nš 2195 (regulating compensation payable on a percentage basis), Nš 2298 (modifying the rights of Original Indigenous Peoples to consultation and participation in Hydrocarbon operations which were initially established in Supreme Decree nš 29033), Nš 2366 (authorising hydrocarbon activities in protected areas) and Nš 2368 (establishing a process by which ducts are declared of National Interest);
We consider that:
The Political Constitution of the State establishes that the indigenous peoples have the right to be consulted by means of appropriate processes and in particular through their institutions, on every occasion that legislative or administrative measures are envisaged which could affect them. In this context the right to PRIOR AND OBLIGATORY CONSULTATION, CARRIED OUT BY THE STATE IN GOOD FAITH AND BY PRIOR ARRANGEMENT in connection with the application of such measures to the territory inhabited by these peoples shall be respected and guaranteed.
The Bolivian State has entered into international agreements concerning the rights of the Indigenous Peoples; the ILO Agreement Nš 169 ratified by Law Nš 1257 and the UN Declaration on the rights of Indigenous Peoples ratified by Law Nš 3760 both of which establish the mandatory application of and compliance with the right to consultation.
IT IS HEREBY RESOLVED:
FIRST - To declare that the said promulgated decrees are an attempt against and violate the exercise of the rights of the indigenous peoples to be consulted about and to participate in the taking of any decision which affects their lands and that these decrees indicate unconstitutionality.
SECOND.- As of today to halt all processes related to the decrees hitherto observed by the Guarani nation.
THIRD.- The competent authorities of the Ministry of Hydrocarbons, Energy and the Environment and of YPFB and of the Office of the Public Defender are hereby convened to an emergency meeting on 1st and 2nd July 2015 in the city of Camiri-Casa Grande of the Guaraní Nation to address the demands of the Guarani Nation.
Executed in the community of Caraparicito, on 18th June 2015.
"FOR THE SELF-DETERMINATION OF THE GUARANI NATION"
[Source: Councils of Guarani Captains of Santa Cruz, Chuquisaca, Tarija and the National APG, the Captaincy and Communities of the TCO Alto Parapeti, Community of Caraparicito, 17 and 18 June 2015]
DDHH en Bolivia
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