On April 24, 2014, the Kichwa community of Sarayaku made a stunning announcement. Three of Ecuador’s most sought after citizens – fleeing a highly politicized court sentence against them for libel – were in fact hiding somewhere within the Kichwa community’s 135,000 hectare rainforest territory. Sarayaku had offered Clever Jimenez, a congressman from the indigenous Pachakutik party; Fernando Villavicencio, a journalist investigating government corruption; and Carlos Figueroa, a doctor; sanctuary from what the three described as political persecution from the administration of President Rafael Correa.
In a retaliatory lawsuit brought by Correa himself, the three were convicted of libel for having brought a case that accused the president of crimes against humanity during a police revolt on September 30, 2010. Government forces freed the president from a military hospital where he had been held captive by a band of rogue officers. Five people were killed during the conflict.
While prison terms for slander are rare in most countries in this day and age, the three were sentenced to 18 months and six months respectively. The three sought and received precautionary measures from the Inter-American Human Rights Commission (IAHRC) of the Organization of American States (OAS). The measures called for the suspension of the sentences due to “the grave and irreparable harm the process itself and the subsequent judgment would have on their rights to life, physical integrity, personal liberty, political rights, and freedom of expression.”
The three have identified themselves as political refugees. In the eyes of the government, they’re fugitives on the run from the law, and Sarayaku is harboring them. Not surprisingly, Sarayaku’s decision has been a lightening rod and has thrust the community into a dangerous and escalating standoff, with the government accusing the community of acting as a “state within a state” illegally providing “asylum” for the three.
Sarayaku has reported frequent flyovers of military aircraft, military build-up at outposts upstream along the Bobonaza River which flows through Sarayaku territory, and the incursion on two occasions of two police helicopters that landed on riverbanks close to the community’s populated center. Sarayaku has also reported that plans exist to invade the community and take the three by force. Ecuador’s Ministry of Defense denies these claims. In a national TV address over the weekend, President Correa threatened that if Sarayaku did not allow police forces to enter the community, he would declare a state of emergency.
According to Sarayaku statements, the community provided sanctuary for Jimenez, Villavicencio, and Figueroa in a show of solidarity and is calling on the government to guarantee their “physical integrity” and “respect their human rights and lives.” Sarayaku has also previously been the recipient of precautionary measures from the Commission, which ultimately led to a legal victory from the Inter-American Court that found the Ecuadorian state guilty of human rights violations. Hence, Sarayaku has a keen interest in making sure the jurisdiction and decision from the Inter-American system of justice are respected in Ecuador. Correa has been a fierce critic of the Inter-American Commission, and has questioned its legitimacy and whether its decisions are binding in Ecuador.
Sarayaku has a long history of peaceful resistance, having defended their territory from oil extraction plans for almost two decades. Two companies were forced to leave, and rights violations suffered by the community during that time led to their case against the Ecuadorian government before the IAHRC. As part of the judgment in that case, the government was forced to pay Sarayaku more than $1mil, remove several tons of explosives from the oil exploration process that were left in their territory by after the companies abandoned drilling plans, and consult the community about any decision that affects their rights or territory.
Interior Minister Jose Serrano, charged with capturing the three, has made increasingly worrisome accusations against Sarayaku, charging them with having an armed “paramilitary” force operating within the community. As most every other indigenous group in Ecuador’s Amazon, Sarayaku carries spears and some rifles for hunting. But the community sees the comments from Minister Serrano as a pretense to justify military or police incursion into their territory. Ironically, Serrano used to be Sarayaku’s lawyer when the IAHCR case began, and later visited the community to oversee the removal of a portion of the explosives.
According to Sarayaku’s lead lawyer in the IAHRC case Mario Melo, the three should give themselves up.
“As valid and important as the struggle of Jimenez, Villavicencio and Figueroa is, it should be resolved in a different setting,” said Melo. “If Sarayaku was generous enough to receive them and shelter them, they should be as generous to not jeopardize the integrity of the people who are there and can be affected if a violent military operation to capture them occurs. The terms of the conflict must be rethought by all involved.” He added, “I want to make a call to the state, as well as the people of Sarayaku to establish a space of dialogue.”
But tensions may already be subsiding, and a peaceful resolution is within reach. As of yesterday, the lawyer for Clever Jimenez is reporting that the three have left Sarayaku, and their whereabouts now are unknown. Meanwhile, Sarayaku appears to be returning to some semblance of routine, preparing their annual Pachamama festivities to take place May 17th and 18th, which celebrate Mother Earth.
For more information follow Sarayaku on:
Facebook: Sarayaku.Tayjasaruta
Twitter: @Sarayaku_Libre
