[Congressional Record Volume 165, Number 87 (Thursday, May 23, 2019)]
[Senate]
[Pages S3093-S3094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ALBERTO CURAMIL
Mr. LEAHY. Mr. President I want to bring to the Senate's attention
the story and the example of Alberto Curamil, an environmental activist
who is a member of the indigenous Mapuche people in Chile's Araucania
region. The Mapuche are Chile's largest indigenous group, and since the
1800s they have struggled to protect their culture, territory, rivers,
forests, and natural resources against encroachment and destruction by
settlers and energy companies that have often acted with impunity and
the backing of the government. Mr. Curamil has dedicated his life to
this cause. It is the existential struggle of indigenous people in
scores of countries as the insatiable global demand for energy, arable
land, water, timber, oil, gas, and minerals threatens their ancestral
lands and way of life.
Several years ago, during a prolonged drought in Chile, the Ministry
of Energy announced a plan for two large hydroelectric projects in
Araucania, without consulting the Mapuche people who live there. The
projects would reportedly divert more than 500 million gallons of water
for power generation, severely limiting water flow and damaging the
ecosystem of the Cautin River on which many of the Mapuche people
depend for survival.
Mr. Curamil, who has three children, lives on the outskirts of the
town of Curacautin. He is a farmer who raises animals. His wife teaches
the Mapuche language. Fearing what the harm to the river would mean for
his people, he organized Mapuche and non-Mapuche, environmental
organizations, lawyers, and academics to try to stop the projects. In
public protests and in court, they argued that the government had
ignored Chilean law which
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requires free, prior, and informed consent of affected communities
before approving such projects. Despite harassment, threats, and
violent attacks, Mr. Curamil succeeded in uniting the opposition, and
in 2016 the projects were canceled.
But that was not the end of it.
On August 14, 2018, Mr. Curamil was arrested by Chile's national
police and imprisoned. He has been charged with assault during a bank
robbery in which a guard was injured and hostages taken. An anonymous
witness reportedly said that one of the robbers looked like a Mapuche,
and they arrested Mr. Curamil. There have been no judicial proceedings,
and Mr. Curamil remains in pretrial detention.
Mr. Curamil and his family say that he is a victim of retaliation for
his environmental activism, that he was attending a meeting in a
different town at the time of the robbery, and that multiple people can
attest to his presence there. At the time of his arrest, his house was
ransacked by police and left in a shambles.
In November 2018, another Mapuche, Camilo Catrillanca, age 24, died
after being shot in the back by police. He was a member of the Mapuche
Territorial Alliance, a grassroots organization that seeks to
reintegrate the Mapuche people through reclaiming their language,
territory, and rights that were fractured and repeatedly violated
during the past two centuries.
I mention these events to put in context the recent announcement that
Alberto Curamil was selected as one of the 2019 winners of the Goldman
Environmental Prize. The prize honors grassroots environmental
activists from around the world, singling out individuals for their
extraordinary and sustained efforts to protect the natural environment,
often at great personal risk.
Not only did Mr. Curamil lead a successful challenge to the unlawful
decision by the Chilean Ministry of Energy, he is being subjected to
what many suspect is a flagrant and vindictive abuse of the judicial
process of the type that we have come to expect in countries with
authoritarian governments like Russia but not democracies like Chile.
If the Chilean authorities have credible evidence to support the
charge against Mr. Curamil, they should produce it in a public trial
and provide him with the opportunity to defend himself. Instead, nearly
10 months since his arrest, he languishes in jail while his wife and
children are alone fending for themselves.
The attempts to intimidate and silence Mr. Curamil and the threats to
his people and the natural environment are not unique. This is
happening to indigenous people all over the world, and each year the
prestigious Goldman Environmental Prize helps to call attention to
those like Mr. Curamil who have risked their lives on behalf of their
communities, wildlife species, rivers, lakes, forests, and oceans that
are being threatened or destroyed.
Mr. Curamil is an activist for environmental and social justice that
Chileans should take pride in. Like the many hundreds in attendance in
San Francisco and Washington who cheered when his daughter, Belen
Curamil, received the prize on his behalf, the Chilean people should
recognize Mr. Curamil for his courageous defense of Chile's natural
environment and diverse cultural heritage.
We should also be concerned that Mr. Curamil 's arrest takes place
against a backdrop of escalating violence between the national police
and Mapuche activists. At the heart of the dispute is land ownership
and lack of consultation on legislation or investment projects that
directly affect the Mapuche. Timber is Chile's second-largest export
commodity, worth billions of dollars annually, and the political elite
is deeply invested in the industry. Mapuche activists are engaged in a
campaign against the timber industry and its defenders in the
government. In response, prosecutors are using an anti-terrorism law
originally introduced by the military dictatorship of Augusto Pinochet
to stifle political dissent. The law allows for indefinite pretrial
detention, investigations being kept secret for up to 6 months, and
evidence admitted in oral hearings from anonymous witnesses, as in Mr.
Curamil 's case.
This situation is aptly described by Global Witness in its 2017
report, Defenders of the Earth:
It is increasingly clear that, globally, governments and
business are failing in their duty to protect activists at
risk . . . Ironically, it is the activists themselves who are
painted as criminals, facing trumped-up criminal charges and
aggressive civil cases brought by governments and companies
seeking to silence them. This criminalization is used to
intimidate defenders, tarnish their reputations and lock them
into costly legal battles.
Chile's police have intervened violently on the side of private
companies, intimidating Mapuche communities. The UN Special Rapporteur
on the Rights of Indigenous Peoples warned that the government and
police are increasingly targeting activists who are campaigning to
protect their land from mining, logging, and dams. The Inter-American
Court of Human Rights has condemned the Chilean Government for applying
anti-terrorism laws against Mapuche leaders.
According to Amnesty International, ``Although violence against
defenders is a constant in the region, little is known about what is
happening in Chile, especially in relation to the historical context of
criminalization and stigmatization of the Mapuche and their leaders.
The Chilean authorities have an obligation to guarantee conditions that
enable human rights defenders to carry out their work and to establish
protection mechanisms for environmental defenders and Indigenous
leaders who face constant criminalization and stigmatization.''
Again, these circumstances are not unique to Chile. Similar
confrontations are occurring in many countries. But Mr. Curamil's
receipt of the Goldman Environmental Prize should cause everyone to pay
attention, and to ask, Should not these issues be handled better? Is it
acceptable for the Chilean Government to label these largely
defenseless, mostly impoverished people as ``terrorists,'' for trying
to protect their territory and way of life? Should not the Chilean
Government act as a convener of a dialogue that recognizes the
legitimate rights of its indigenous population, that ensures they are
consulted in a timely and meaningful way, as the law requires, about
decisions that affect them, and that their views are properly reflected
in those decisions? Is that not the government's responsibility? To
listen to its citizens who have traditionally been ignored and whose
way of life is threatened and to find creative, sustainable solutions?
I join others in congratulating Alberto Curamil for setting an
example at a time when the natural environment is under siege due to
human development; recklessness, and greed. We see the consequences on
every continent--tropical forests cut down for oil palm plantations,
coral reefs destroyed, rivers polluted, dammed and diverted, fish
populations depleted, and other wildlife species facing extinction.
Earlier this month, a UN assessment of the world's biodiversity
compiled by 145 experts from 50 countries over 3 years, reported that
``the health of ecosystems on which we and all other species depend is
deteriorating more rapidly than ever. We are eroding the very
foundations of our economies, livelihoods, food security, health and
quality of life worldwide.''
This is true in Chile as it is in virtually every country.
Complacency is not an answer, and I hope the Chilean Government will
recognize that people like Alberto Curamil should be listened to and
supported, not threatened and jailed.
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