The violent and unconsulted irruption of the 2009 Dákar Rally in the wallmapu - Mapuche ancestral territory that includes part of the current national states of Chile and Argentina - is sad proof of the systematic violation of our rights as native peoples of America.
Private capitals and national and provincial governments agreed last year on a predatory journey through our territorial space, violating our ancestral relationship with and in the wallmapu to feed one of the most frivolous forms of the international consumer tourism market: the "adventure" by " the vast wild deserts ”of this part of the world known and commercialized as Patagonia.
At least in July 2007, official talks began between private companies and Turismo de la Nación, according to official information from the government press. At the same time, the mechanisms for prior, free and informed consultation with the indigenous peoples directly affected by the project had to be put in place, as established in ILO Convention 169 (International Labor Organization) on Indigenous and Tribal Peoples to which the Argentine State joined.
The entire southern section of the 2009 Dákar crossing will be done in ancestral Mapuche territory. And, within hours of the arrival of the "tourist" invasion, none of our peñi, lamngen, lof, communities, or our organization was even informed or consulted, in total and open violation of Convention 169, the UN Charter of Indigenous Rights. , Article 75 of the National Constitution and the Integral Indigenous Law Nº2287, in addition to numerous legislation on environmental protection and genetic, anthropological and paleontological heritage.
We know that it was not done in the jurisdiction of the province of Río Negro; Nor in the neighboring provinces formed in the wallmapu and where there is a socially and politically organized Mapuche population.
“It is not a normal race. It is a different race and that is why it opts for tracks that are not known by the participants and that they come to know at the time the competition takes place. Precisely, within the framework of the spirit of discovery and adventure, it is about changing and opting for new territories ”, said a representative of the organizing company Amaury Sport Organization in February of this year, when they officially presented the event in official government offices national in Buenos Aires.
The governments in full subordinated their legal obligations and their political commitments –among them, those established by international agreements- before the frivolous window of vertigo on global TV.
Violation of indigenous and environmental law in Río Negro
The totality of the space that today comprises the provincial state of Río Negro is part of the wallmapu, our ancestral living space.
As a grassroots political organization of the Mapuche people, for years we have been denouncing that successive governments in the province of Río Negro implement systematic strategies to deprive the Mapuche of our traditional occupations and their resources. Thus, the approval and participation in this international rally is in total agreement with the lack of recognition of the traditional occupations of the lof and communities; of the approval of mining, forestry, real estate and hydrocarbon plans alienating the natural, cultural and economic heritage of the majority of the population.
This event not only violates Convention 169 and the United Nations Declaration on the rights of indigenous peoples, but also Rio Negro laws No. 3266 of Regulation of the Environmental Impact Assessment Procedure and No. 2669 of Protected Natural Areas modified by Law No. 3193, in addition to another package of norms referring to genetic, cultural, paleontological and archaeological heritage.
Breach of Convention 169: This Rally will be run under Rio Negro jurisdiction:
a) without the prior consultation provided for in articles 6 and 15.2 of C169, and without respecting the rights established in article 7.1 first part.
b) Without having previously carried out, in cooperation with the residents and / or affected communities, the studies of social, spiritual and cultural impact and on the environment that the activities referred to may have on them (art. 7.3).
c) without the participation of the affected inhabitants and / or communities in the formulation, application and evaluation of these activities (art. 7.1. in fine).
d) without having given them participation in the formulation and implementation of measures designed to protect and preserve the environment of the territories they inhabit (art. 7.4).
e) By virtue of what is established in articles 41 and 42 of the United Nations Declaration on the Rights of Indigenous Peoples, without respecting art. 3, 19, 20, 26.2 and 32 of that same statement.
The Argentine national State is legally jointly responsible for the failure to comply with their application in RN of these two international agreements, which have constitutional status.
Provincial Law No. 3266 for the Regulation of the Environmental Impact Assessment Procedure
The enforcement authority of this law is the Environment Council (CODEMA) and the Municipalities that have not delegated this power. These institutions are not made up of representatives of the Mapuche People of the province.
The law provides for an Environmental Impact Assessment (EIA) that defines as “… the procedure intended to identify and interpret, as well as to prevent or mitigate, the consequences or effects that public or private actions or projects may cause to the ecological balance, to the maintenance of the quality of life and the preservation of the natural resources existing in the province ”(art. 4).
According to art. 7, the EIA is made up of the following stages:
a) The presentation of the Affidavit of Environmental Impact.
b) Environmental Impact Study.
c) The public hearing of the interested parties and those affected at the project site and / or where its impacts occur.
d) The technical opinion.
e) The Environmental Resolution.
The planned Environmental Impact Studies must contain, among other data, the evaluation of the effects “… foreseeable, present and future, direct and indirect, on the human population, flora and fauna and ecosystems” (art. 16.f ); “… On significant tangible and intangible assets, including the landscape of the place, the historical, artistic, cultural or archaeological heritage, that could be affected” (art. 16.h).
The law also provides for an environmental audit, monitoring, control and inspection system (art. 22.e) that will operate during all stages of the agreed activities, which will be in charge of CODEMA (art. 26).
This law does not comply with the particular rights of consultation and participation of indigenous peoples provided for in articles 6, 7, 17.2 and 15-2 of C169, with the validity requirements established by those norms.
In any case, it was not applied with the small cattle producers of the region, with the civil population in general, nor with environmental organizations and scientific research institutions with intervention in the area that will be affected.
Provincial Law No. 2669 of Protected Natural Areas amended by Law No. 3193
Part of the rally route, which will affect the life and territories of Mapuche settlers or communities, will take place in spaces declared Protected Natural Areas, according to the fragmented and scarce information that could be accessed from the “secret circuit”.
This law also clearly shows the lack of foresight regarding the implementation of the rights of consultation and participation of the affected indigenous peoples, as detailed in point b of the Presentation of this report, to which is added the non-compliance of other regulations of the same Convention.
The declaration of a given space as a Protected Natural Area is not synonymous with the protection of the territories, natural and cultural resources of indigenous peoples. This is proven by the damages already proven in the preliminary tours of the organizing committee for the delimitation of the circuit, a matter publicly and judicially denounced by small producers in the affected region.
In particular, we are interested in insisting that the Zunguncurá territorial space, known today as the Somuncurá plateau, is a sacred place for the Mapuche people due to its spiritual strength and protection during the aukán, war of the Argentine State against our people known as the desert campaign. (1880/84).
Somuncurá will travel to the rally and, although they insist that it will be on a “link” route and not a competition one, the number of vehicles and people involved will necessarily damage this space of high environmental fragility, support of biodiversity and high genetic value.
The Mapuche communities, lof or settlers that inhabit the traditional territories that, in whole or in part, make up the Protected Natural Areas System of the province have not given their prior, free and informed consent for these spaces to be declared ANP. This lack of consultation was reiterated before this rally, which also did not comply with the demands of the management plan of the Somuncurá protected area that Governor Miguel Saiz himself officially presented weeks ago on the Rio Sur Line when the holding of this event was already publicly questioned.
We also want to highlight the particular situation of the area of the Carrilafquen Grande and Chica lagoons, located 15 kilometers north of the town of Huauel Niyeu (Jacobacci Engineer), one of the safe points of the route. All researchers and defenders of the environment rescue the declaration of a provincial protected area Carri Lafquen made in 1959, as an early antecedent of a plateau space that deserves to be protected. However, it was never mentioned by the provincial authorities in relation to the route of this rally and was neatly ignored in the face of a request for information on protected areas recently answered by CODEMA to our organization.
The Carri Lafquen area is a space of ancestral occupation of several Mapuche communities and small cattle producers who publicly and repeatedly expressed their opposition.
Thus, no one can seriously argue that this is a sporting event; It is a political and economic business built on the richness of the biodiversity of our territory, guaranteed by a strong militarization of the area that they intend to continue to consider deserted. Like Columbus 500 years ago, they will disembark with undercover agents, they will block roads and routes, and they will establish unnecessary, excessive and unacceptable roadblocks and controls for life in peacetime.
With the essential complicity of local and regional interests, companies and governments intend to turn wallmapu into a good for consumption and commercial exploitation for export. At the same time, they update the historical model of denial of our very existence as an original people.
We are not surprised by the denial or violence of States and capital masked under "globalized" forms of supposed tourism and adventure sports. The war of extermination unleashed with the cross and the sword could not. Nothing will stop our decision as the Mapuche people to advance in the integral recovery of the wallmapu for the reconstitution of our free life with the newen (forces of nature) today threatened by hundreds of wheels.
We will defend the threatened Newen because they are and are at the very core of our lives. In any circumstances, we will continue the legacy of our elders: ten times they will kill us, ten times we will return.
Marici weu !! Marici weu !! Marici weu !!
Puel Mapu, December 31, 2008.