Global Governance of the Environment, Indigenous Peoples and the Rights of Nature: Extractive Industries in the Ecuadorian Amazon (Governance, Development, and Social Inclusion in Latin America)

This book explores the obstacles facing indigenous communities, non-governmental organizations, governments, and international institutions in their attempts to protect the cultures of indigenous peoples and the world’s remaining rainforests. Indigenous peoples are essential as guardians of the world’s wild places for the maintenance of ecosystems and the prevention of climate change. The Amazonian/Andean indigenous philosophies of sumac kawsay/suma qamaña (buen vivir) were the inspiration for the incorporation of the Rights of Nature into the Ecuadorian and Bolivian constitutions of 2008 and 2009. Yet despite the creation of the United Nations Permanent Forum on Indigenous Issues (2000), and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (2007), indigenous peoples have been marginalized from intergovernmental environmental negotiations. Indigenous environment protectors’ lives are in danger while the Amazon rainforests continue to burn. By the third decade of the 21st century, the dawn of “woke” capitalism was accompanied by the expansion of ethical investment, with BlackRock leading the field in the “greening” of investment management, while Big Oil sought a career change in sustainable energy production. The final chapters explain the confluence of forces that has resulted in the continued expansion of the extractive frontier into indigenous territory in the Amazon, including areas occupied by peoples living in voluntary isolation. Among these forces are legal and extracurricular payments made to individuals, within indigenous communities and in state entities, and the use of tax havens to deposit unofficial payments made to secure public contracts. Solutions to loss of biodiversity and climate change may be found as much in the transformation of global financial and tax systems in terms of transparency and accountability, as in efforts by states, intergovernmental institutions and private foundations to protect wild areas through the designation of national parks, through climate finance, and other “sustainable” investment strategies. Series Editors’ Preface Foreword References Acknowledgements Contents Abbreviations List of Figures 1 Introduction: Indigenous Peoples and Modernity: Identity in the Ages of Empire and Decolonization Introduction Summary of Chapters Methodology Indigenous People’s Incorporation into the Western Human Rights Universe Evolution of Indigenous Rights in Latin America Implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) of 2007 Under International Law The Relationship Between Modernity and Indigeneity Relational Autonomism1: New Social Movements in Latin America Indigenous Peoples at the United Nations: Case Study Ecuadorian Amazonians References 2 Global Governance of the Environment: Multiple Accountability Disorder? Concept and Practice of (Global) Governance Definition of Global Governance Failure of Attempts at “good” Global Governance (of Indebted Developing Countries) in the 1980s Intergovernmental Organizations How Do Networks Contribute to Global Governance? International Treaties and Agreements International Non-Governmental Organizations and Other Non-State Actors in Global Governance The Global Compact: The Role of the Private Sector in “good” Global Governance The United Nations, Circular Global Environmental Governance and the “International Community” Private Industry, Big Philanthropy, and Global Governance of the Environment Proliferation of Global Environmental Governance Institutions Conclusions References 3 Buen Vivir and the Rights of Nature in National and International Law The Urgency of Global Environmental Governance in the Twenty-First Century Definitions of Indigenous and Tribal Peoples Epistemologies of the South: Indigenous Perspectivism and Harmony with Nature The History and Interpretation of Sumak Kawsay and Buen Vivir Ecuadorian Sumak Kawsay and Bolivian Suma Qamaña Rights of Nature and Rights of Indigenous Peoples The United Nations and Harmony with Nature Rights of Nature in International and National Law The Escazú Agreement of Latin American and Caribbean States References 4 Indigenous Peoples’ Rights and Global Governance of the Environment in the Amazon Basin: Case Study Ecuador The Context: Indigenous Peoples’ Engagement with International Global Environmental Initiatives International Instruments to Protect the Rights of Indigenous Peoples Including Free, Prior, and Informed Consent Reducing Emissions from Deforestation and Forest Degradation (REDD+) The History of REDD+ and Socio Bosque in Ecuador Indigenous Peoples and International Environmental Agreements Indigenous Resistance in Ecuador The Case of the Yasuní National Park Indigenous Activists, the Media, and International Organizations Conclusion References 5 Corporate Social Responsibility and the Extractive Industries in the Ecuadorian Amazon: Indigenous Rights and the Environment Chevron/Texaco and the Amazon “Chernobyl” Forum Shopping (and its Consequences for Class Action Suits) The Case against Environmental Lawyer Steven Donziger Competing Interests on the Global Stage: Establishing Environmental Credentials Facebook as a Tool of Indigenous Resistance Morona Santiago, Zamora Chínchipe, and the Shuar: Intra-Indigenous Community Conflicts Resistance to Ecuadorian Government Contracts with Andes Petroleum Ecuador Ltd: The Role of CSR Dangers Surrounding Environmental Impact Assessments Struggles Over the Implementation of Free Prior and Informed Consent (FPIC) Conclusion References 6 Biodiversity, Global Governance of the Environment, and Indigenous Peoples The Convention on Biological Diversity (CBD): A Force-Multiplier for the Extractive Industries? IPBES Global Assessment on Biodiversity and Ecosystem Services Ecuador’s Bioeconomy: Banking Nature Global Governance in the Protection of Endangered Species The Biodiversity Challenge for Indigenous Peoples: Potential for Disharmony with Nature The Bushmeat Crisis and the Trafficking of Wild Animals Alternative Strategies for the Amazon: The Rise of Ecotourism Conclusion References 7 Sustainable Funds and “Cuddly Capitalism”: Indigenous Land Defenders and the Greenwashing of Investment Management BlackRock’s Environmental Transformation The year Capitalism went Cuddly The Dawn of Ethical Investment United Nations Environment Program Finance Initiative Watching Their Greenbacks: How Ethical Are Ethical Investments? Naming and Shaming Recalcitrant Private Enterprise The Broad Brush of ESG Compliance: Company Track Records BlackRock: Taking Action Against Climate Inaction? Climate 100+ Letter to the US Federal Reserve and the Securities and Exchange Commission Leading Technology Companies on the Climate Change Bandwagon The Limitations of Green Finance and Carbon offsetting BlackRock, Amazonwatch, Indigenous Peoples, and the Environment Conclusions References 8 Financing for Development: Extra-Official Payments as Incentives for Development Projects The Failure of Environmental Governance in the Amazon Basin: The Context Financing for Development: Ecuador’s Debt Trap The Odebrecht Affair and the Panama Papers in Ecuador Irregular Payments Linked to Hydroelectric Projects The Coca Codo Sinclair Dam Cash for Consent: The Implications for Human Rights and Environmental Protection of Unofficial Payments Global Governance in Combating Financial Crime Extra-Curricular Payments as an Obstacle to the Achievement of the Sustainable Development Goals (SDGs) The Value of Published Contracts and Open Data Conclusions and Recommendations References Index This book explores the obstacles facing indigenous communities, non-governmental organizations, governments, and international institutions in their attempts to protect the cultures of indigenous peoples and the world's remaining rainforests. Indigenous peoples are essential as guardians of the world's wild places for the maintenance of ecosystems and the prevention of climate change. The Amazonian/Andean indigenous philosophies of sumac kawsay/suma qamaña (buen vivir) were the inspiration for the incorporation of the Rights of Nature into the Ecuadorian and Bolivian constitutions of 2008 and 2009. Yet despite the creation of the United Nations Permanent Forum on Indigenous Issues (2000), and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (2007), indigenous peoples have been marginalized from intergovernmental environmental negotiations. Indigenous environment protectors' lives are in danger while the Amazon rainforests continue to burn. By the third decade of the 21st century, the dawn of "woke" capitalism was accompanied by the expansion of ethical investment, with BlackRock leading the field in the "greening" of investment management, while Big Oil sought a career change in sustainable energy production. The final chapters explain the confluence of forces that has resulted in the continued expansion of the extractive frontier into indigenous territory in the Amazon, including areas occupied by peoples living in voluntary isolation. Among these forces are legal and extracurricular payments made to individuals, within indigenous communities and in state entities, and the use of tax havens to deposit unofficial payments made to secure public contracts. Solutions to loss of biodiversity and climate change may be found as much in the transformation of global financial and tax systems in terms of transparency and accountability, as in efforts by states, intergovernmental institutions and private foundations to protect wild areas through the designation of national parks, through climate finance, and other "sustainable" investment strategies. Linda Etchart is a lecturer in Human Geography at Kingston University, UK. She has published work on conflict transformation, transnational women's peace movements, and indigenous environmental activism This book explores the obstacles facing indigenous communities, non-governmental organizations, governments, and international institutions in their attempts to protect the cultures of indigenous peoples and the worlds remaining rainforests. Indigenous peoples are essential as guardians of the worlds wild places for the maintenance of ecosystems and the prevention of climate change. The Amazonian/Andean indigenous philosophies of sumac kawsay/suma qamana (buen vivir) were the inspiration for the incorporation of the Rights of Nature into the Ecuadorian and Bolivian constitutions of 2008 and 2009. Yet despite the creation of the United Nations Permanent Forum on Indigenous Issues (2000), and the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (2007), indigenous peoples have been marginalized from intergovernmental environmental negotiations. Indigenous environment protectors lives are in danger while the Amazon rainforests continue to burn. By the third decade of the 21st century, the dawn of woke capitalism was accompanied by the expansion of ethical investment, with BlackRock leading the field in the greening of investment management, while Big Oil sought a career change in sustainable energy production. The final chapters explain the confluence of forces that has resulted in the continued expansion of the extractive frontier into indigenous territory in the Amazon, including areas occupied by peoples living in voluntary isolation. Among these forces are legal and extracurricular payments made to individuals, within indigenous communities and in state entities, and the use of tax havens to deposit unofficial payments made to secure public contracts. Solutions to loss of biodiversity and climate change may be found as much in the transformation of global financial and tax systems in terms of transparency and accountability, as in efforts by states, intergovernmental institutions and private foundations to protect wild areas through the designation of national parks, through climate finance, and other sustainable investment strategies. Linda Etchart is a lecturer in Human Geography at Kingston University, UK. She has published work on conflict transformation, transnational womens peace movements, and indigenous environmental activism