An Indigenous group in the Peruvian Amazon is rejoicing over a recent legal triumph as part of their ongoing efforts to reclaim their ancestral forests.
The Puerto Franco community, belonging to the Kichwa tribe, asserts that their land was unjustly taken to establish the Cordillera Azul National Park in 2001. Major corporations like Shell and TotalEnergies have invested heavily in carbon credits linked to the park to mitigate emissions from their fossil fuel activities, yet the Kichwas have received little benefit from these transactions, often facing dire economic hardship. A 2022 investigation found strong evidence indicating that the land in question belongs to the Kichwa community, according to a convention that Peru ratified years ago.
A significant milestone was achieved last year when Judge Simona del Socorro Torres Sánchez ruled in favor of the Kichwas, stating that the park’s creation without their consent infringed upon their rights. The court mandated that the community be granted legal ownership of the land and receive a share of the revenue generated from the sale of carbon credits.
Nevertheless, this ruling was swiftly overturned by an appeals court, a decision that legal experts described as dubious.
Recently, Judge Sánchez has once again sided with the Kichwa community, issuing a fresh order that affirms their entitlement to reclaim their territory and benefit from the carbon credit sales. She acknowledged that the Kichwa people are Indigenous and that their rights to the land supersede any timeframe considerations.
In response, the Peruvian government, along with a nonprofit organization managing the park, CIMA, has contended that too much time has elapsed for the Kichwas to assert their claim and challenged their Indigenous status. Authorities have also stated in legal documents that the community did not protest the park’s establishment back in 2001.
Inocente Sangama, a leader of the Kichwa people, expressed his anger over the assertion that they are not Indigenous. He questioned, “Who said an Indigenous person cannot wear clothes?”
Sangama also conveyed his feelings of pride and joy, stating, “The justice system has proved us right.”
The government of Peru was contacted for a statement but had not responded at the time. Jorge Aliaga Arauco, a representative from CIMA, indicated via email that an appeal against the ruling would be forthcoming, asserting they possess strong evidence to support their stance. CIMA maintains that the income from the carbon credit initiative plays a crucial role in safeguarding the aged rainforest, one of the most vibrant and biodiverse ecosystems in Peru.
The legal battle appears to be progressing toward a resolution.
Juan Carlos Díaz, a constitutional law expert from the Pontifical Catholic University of Peru, mentioned that the latest ruling could be appealed to a higher court. If the Kichwa community prevails there, the decision would become final. Conversely, if they do not succeed, they still possess one final option for appeal to the Constitutional Court in Lima, a recourse that the government would not have.