Participation on the edge: Prior consultation
and extractivism in Latin America
’
,
Journal of Politics in Latin America
, 10 (3), pp. 29
–
58.
Empowerment or Imposition?
93
5
LEVERAGING LAW AND LIFE
Criminalization of Agrarian Movements and the
Escazú Agreement
Garrett Graddy-Lovelace
The Crisis of Criminalization
In July 2017, at the Seventh International Conference of La Via Campesina (LVC)
in Spain
’
s Basque Country, agrarian leaders gathered to strategize their transnational
grassroots coalition, which spans tens of millions of
campesinos
—
peasants, indigen-
ous people, landless farmers,
fi
shers, and rural communities across the world. They
foregrounded the growing wave of violence against agrarian justice activists, calling
it
“
the criminalization of our movements,
”
with community leaders
“
being assas-
sinated, jailed, tortured, and threatened.
”
They denounced the 2016 murder of
internationally renowned river-protector Berta Cáceras in Honduras, as well as the
2012 Curuguaty Massacre in Paraguay (FIAN and LVC, 2014), the imprisonment of
Union of Agricultural Workers Committee leaders in Palestine, the arrest of promi-
nent
fi
sher rights advocates in Pakistan, and the murder of Argentine activists by
agribusiness police forces (Motta, 2017). They also condemned the criminalization of
social movements in Brazil (Canofre, 2017; Sauer and Mészáros, 2017), particularly
those of Afro-Brazilians rural land activists, and the disproportionate policing of
Standing Rock indigenous resistance in the USA to pipeline infrastructure in the
Dakotas. LVC has issued repeated public demands for rigorous investigations into the
hundreds of murders of indigenous and
campesino
activists and movement leaders
across continents. In their words:
We call for no crime to go unpunished, because impunity is one of the main
reasons why leaders have been murdered
…
We call for an end to the
repression and criminalisation of those who defend life in Brazil and the rest
of the world.
(LVC, 2018b, no page)
This chapter presents an analysis from the frontline communities themselves,
who argue that, in order to understand and counter the surge of violence
against land defenders, it is important to investigate the processes of crim-
inalization that aid and abet, justify, and hide the violence. It traces how
criminalization occurs when and where land defenders have mobilized to assert
their rights to protect water and defend land. Often, land defenders and water
protectors use the language of
dignity, freedom, justice
, or
sovereignty
rather than,
or in conjunction with, a language of
human
or
environmental rights
.
International bodies, such as the United Nations (UN), as well as prominent and
grassroots civil society organizations have classi
fi
ed these victims of violence and
criminalization as environmental human rights activists. Frontline mobilizations are
also increasingly striving to articulate their struggles to international forum audiences.
This work is done through and within the terrain of law, policy, and state-governance,
and against, for instance, transnational mega-dam or agribusiness corporations. In
backlash, mega-extractor companies have deployed their considerable political-
economic power in these same terrains of law, policy, and state-governance. Not
only does this in
fl
ict great harm on the low-resource frontline communities, from
bankruptcy to social
fi
ssures, from slander all the way to murder, but it also co-opts
and commandeers the realm of law and governance itself.
Legal justice system resources are observed to be used both to help land defenders to
protect their lands and themselves and to mobilize against them. When the legal
system is tied up with the criminalization of those on the frontline of extraction and
displacement, it directs attention away from the environmental crimes of mass extrac-
tion and displacement. This maintains a colonial orientation of legal and governance
systems that protects those with capital from those who might disrupt cycles of further
capital accumulation. Moreover, it maintains the racialized and gendered exclusion
and expropriation of this colonialist orientation.
To address these harm-laden developments, grassroots agrarian organizations and
movements are forging wider and deeper coalitions and communications strategies.
This entails, among other tactics, reasserting and reclaiming the terrain of law,
policy, and state-governance with even more transnational force and leverage. A
key example of this is the 2018 Regional Agreement on Access to Information,
Public Participation and Justice in Environmental Matters in Latin America and the
Caribbean, adopted in Escazú, Costa Rica (the Escazú Agreement). This is the
fi
rst international agreement to address, denounce, and strive to prevent the
criminalization of environmental and human rights defenders.
Research is needed on the negotiations that are currently underway to advance
signing, rati
fi
cation, and implementation of this treaty. As an initial contribution,
the chapter makes three interrelated theoretical arguments. First, criminalization is
observed as a backlash against agrarian and indigenous land defenders
’
reclamation
of legal realms. It shows how powerful and contested the realms of law and its
legitimacy are, even as it proves how threatening land defenders
’
use of the law is
to agro-extractors. Second, the Escazú Agreement is recognized as a powerful
counterweight to this backlash. It has the potential to strengthen land defenders
’
Leveraging Law and Life
95
resources, protections, capacities, and alliances, as they work to reclaim the
contested terrain of law to defend themselves and their lands
—
as they in turn
criminalize the extraction itself and concurrent violence associated with it.
Finally, the chapter locates the current struggle over law and legitimacy, over land and
life, as an agricultural contestation. Land defenders are essentially defending their
agrarian ways of land-based life: foodways, foraging, agroforestry,
fi
shing, community
nourishment and food sovereignty. Conversely, extractors are often agribusinesses,
large-scale planters, and their paid enforcers and deputies. Accordingly, the chapter
ends arguing that the follow-up to the Escazú Agreement needs to focus even more
on the extractive and violent nature of agroindustrial production policies and
paradigms.
Say Their Names: Violence Against Land and Water Defenders
On March 2, 2016 renowned Honduran activist
Berta Caceres
was brutally
murdered in her home. A mother of four from the Lenca indigenous community,
she was targeted and killed owing to her bold, public, and increasingly e
ff
ective
opposition to the Agua Zarva hydropower dam on her people
’
s ancestral lands and
the Gualcarque River, which holds crucial food, ecological, and spiritual sig-
ni
fi
cance for them. She and
Lesbia Yaneth Urquia
, from the same organization,
COPINH, were two of 14 prominent land defenders killed in Honduras in 2016
alone. In the previous year, the dam company that Caceres opposed brought
false charges against her for
“
usurpation, coercion and continued damage
”
(Global Witness, 2017, p. 16) of its property. It also called on the Honduran
government to
“
act with all resources at its disposal to persecute, punish and
neutralise
”
(Global Witness, 2017, p. 16). After a year-long probe, the investi-
gative panel International Advisory Group of Experts found that Honduran
government o
ffi
cials and senior executives of the dam company had colluded in
the
“
planning, execution, and cover-up
”
of Cáceras
’
assassination (International
Advisory Group of Experts, 2017, p. 46).
In September 2009 the Morona Santiago indigenous communities of Ecuador
protested against the government for ecological and hydrological destruction from
mining projects and for the murder of indigenous leader
Bosco Wisuma
(LADB
Sta
ff
, 2009). In 2010
José (Pepe) Acacho González
, president of the Shuar
Federation. and six other Ecuadorian indigenous leaders were o
ffi
cially classi
fi
ed as
perpetrators of terrorism and, in 2013, were sentenced to 12 years in prison
(Human Rights Watch, 2018). In 2012
Andrés Francisco Miguel
from Barillas, a
leader of the Maya Peoples
’
Council, was murdered in Huehuetenango in the
Guatemalan highlands (Geglia, 2012), while community leaders
Esteban Bernabé
and
Pablo Antonio Pablo
were also seriously injured during a peaceful demon-
stration against mining and agroindustry expansions. Later, a Guatemalan court
brought a bevy of charges, including terrorism, against Esteban and Pablo despite a
lack of evidence (Guatemala Human Rights Commission, n.d.). In January 2016
Nilce
“
Nicinha
”
de Souza Magalhães
was declared missing. A prominent
96
Garrett Graddy-Lovelace
leader of the longstanding Movement of People A
ff
ected by Dams, she publicly
denounced the human and environmental violations of the Sustainable Energy of
Brazil consortium in their construction of the Usina Hidrelétrica in Porto Velho.
Six months later, her body surfaced in the river next to the dam site; her arms and
feet had been tied with rope and weighted with rocks. According to the Brazilian
Human Rights NGO Comitê Brasileiro, de Souza was one of 66 environmental
activists murdered in 2016 in Brazil alone (HRD Memorial, n.d.; Front Line
Defenders, 2016). In January 2018
Márcio Matos
, leader of the Brazilian Landless
Workers Movement was shot to death outside his home in Bahia (Friends of the
MST, 2018). In northwest Mexico in 2019 indigenous Tarahumara elder
Otilia
Martinez Cruz
and her 20-year-old son,
Gregorio Chaparro Cruz
, were shot
dead at their home in El Chapote for their leadership
fi
ghting illegal deforestation
in their ancestral Sierra Madre lands (Global Witness, 2020).
Overall, Global Witness recorded over 200 assassinations of land defenders
worldwide in 2017
—
more than any previous year (Global Witness, 2018). That
year also tallied the most massacres (with seven cases of more than four people
murdered at the same time), and agrobusiness overtook mining as the industrial
sector most responsible for such violence and murder (Global Witness, 2018).
In 2018 Global Witness documented another 164 killings of land and envir-
onmental defenders, with many more attacked and imprisoned; over half of the
murders took place in Latin America (Global Witness, 2019). Global Witness
’
s
2019 report counted a record 212 murders of land defenders, outpacing 2017
records (Global Witness, 2020). Despite the seemingly high numbers, it is also
important to note that national level observations by academics and the media
demonstrate them to be vast underestimations of the number of land defenders
targeted for assassination. Furthermore, between 2017 and 2019 Colombia went
from being third to
fi
rst in the list of countries plagued by this violence (after a
brief decline between 2016 and 2017 following the signing of the Peace
Accords in 2016) (Global Witness, 2018; Global Witness, 2019; Global Witness,
2020). Additional reports by international organizations, such as Amnesty
International, indicate that threats and assassinations of human rights and land
defenders have increased during the COVID-19 pandemic quarantine measures
(Estupiñán, 2020).
Naming the victims is a hallmark of the resistance e
ff
ort, helping to put human
faces to the violence and ensure that the victims are not forgotten. Echoing the
commitment of the Black Lives Matter movement against police murders of Black
Americans, the LVC press releases and manifestos (as well as communiqués from
other frontline grassroots organizations and coalitions) emphasize the stories of those
murdered and the importance of continuing to
say their names
. Criminalization works
to
“
disappear
”
the social mobilization
’
s messages, even as the concurrent violence
literally shoves them into carceral invisibility, abduction, or death itself. The opposi-
tional politics of memory renders visible what criminalization aims to hide: the
humanity of those under threat.
Leveraging Law and Life
97
Calling It Criminalization
The journalists covering this phenomenon increasingly follow the lead of the activists
themselves by focusing not only on the violence but also on the insidious parallel
phenomenon of criminalization. Beginning with the 2018 report, Global Witness has
begun to track, investigate, and record instances of criminalization as well as vio-
lence
—
and to note how ubiquitous the parallel phenomenon has become (Global
Witness, 2019).
What is the purpose of calling state-sanctioned justi
fi
cations for the violence
against indigenous and agrarian movement leaders
“
criminalization
”
? Focusing on
criminalization at the instigation of the victims partakes of the same processes and
dynamics noted by Martinez-Alier
et al.
(2014), wherein political ecology scholars
learn and analyze as informed by terms and concepts coined by activist environ-
mental justice organizations: As they write, this
“
activist-led and co-produced social
sustainability science
”
advances both academic scholarship and activism (Martinez-
Alier et al., 2014, p. 19).
Francisco Morales, of the Maya Poptí settlement in western Huehuetenango,
Guatemala, is from the Maya People
’
s Council, an indigenous political movement.
He chronicles that after a half millennia of
fi
ghting colonization and violent
extraction, Mayan communities have developed clarity around how to organize
and defend themselves:
The State
’
s response to this democratic and legitimate participation of the
people has been violence, the criminalization of the exercise of rights. This
also shows the colonial structure of the State, because when we indigenous
people claim rights, the State consider us delinquents, terrorists.
(LVC, 2017, no page)
LVC has put forth its own analysis of why focusing on criminalization is so
important to understanding the broader processes of violence and dispossession and
imposed trajectories and conceptions of
“
development.
”
In many places, the people who defend themselves against and resist this
“
development
”
model face being demonized and criminalized, which in turn leads
to prosecutions, imprisonment, violence at the hands of state or private security
forces, and even murders. These are not random
“
incidents
”
, they are occurrences
reported by almost every organization. In this respect, States are not only failing in
their duty to protect the people from these outrages but are in fact important actors
in advancing this model. (LVC, 2020, no page).
Within a few months, LVC sharpened its analysis, stating that the criminalization
of
“
the peasant movements and social struggles
”
leads to widespread violence
against them. Such dynamics are:
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