A/HRC/27/52/Add.3
responsibility for the clean-up. Indigenous women have told the Special Rapporteur that the
pollution is affecting them above all because of changes to the quality and availability of
water, the effects on livestock production (the sole source of work for many women) and
the negative effects on their health.
21.
A typical case of oil pollution in indigenous lands has been that of the so-called
Block 1-AB, located in the basins of the Pastaza, Tigre, Corrientes and Marañón rivers,
which are inhabited by the Quechua, Kichwa, Cocama and Urarina indigenous peoples.
Starting in 1971, Occidental Petroleum carried out oil operations in the block until the year
2000, when it transferred the block to Pluspetrol. Over that period, industrial waste and
other waste associated with oil production was dumped directly onto the land and into the
waters used by the indigenous peoples of the four river basins. Pluspetrol took on the
obligations undertaken by Occidental under the current environmental regulatory
framework, which involves decontaminating the soils and the water sources of Block 1-AB.
22.
In recent years, the Government has taken significant steps to deal with the situation
in Block 1-AB, which include monitoring activities by such agencies as the Environmental
Assessment and Oversight Office. Moreover, the company has also changed its practices to
comply with current environmental regulations, and is also reusing all the produced water
resulting from its operations, which should make it possible to avoid additional pollution.
Nonetheless, there are still serious environmental problems resulting from the pollution of
the bodies of water and soils used by the indigenous populations of the area, which has
affected their food sources and their health. In his travels around the area of Block 1-AB, in
the district of Andoas, the Special Rapporteur was able to observe the presence of oil in the
Shanshococha, Ushpayacu and Pampaliyacu pools, or in the neighbourhood, as well as
junkyards filled with equipment which had been used in the course of Occidental
Petroleum’s operations.
23.
In 2013, the Ministry of the Environment declared states of emergency, lasting
around 90 days, in the basins of the Pastaza, Corrientes and Tigre rivers, and launched
immediate and short-term environmental clean-up operations and other measures to
mitigate the effects of pollution on the water and food sources of the affected population.
However, the indigenous peoples of these basins have not seen much in the way of results
from the immediate and short-term clean-up operations undertaken under these states of
emergency. An important factor in this respect has been the lack of any progress towards
the development of specific regulations to identify the sources of pollution in the block and
the corresponding measures required to undertake environmental rehabilitation, or to
determine the organizations, public or private, responsible for undertaking such
rehabilitation.
V.
State response to indigenous movements opposed to
extractive projects
24.
In view of the history of negative impacts on indigenous peoples’ rights, the many
protests that have arisen against government decisions to authorize extractive operations
should come as no surprise.
25.
The most widely known cases connected with protests against extractive industries
in recent years include: the Bagua incidents of 2009, which resulted in the deaths of many
indigenous and non-indigenous people and were the reason for an earlier visit by the
Special Rapporteur to Peru (A/HRC/12/34/Add.8); the Aymara communities’ opposition to
the concession awarded to the Bear Creek Mining Corporation to go ahead with the Santa
Ana mining project, which led to the investigation of dozens of Aymara persons; and the
protests against the Conga mining project in the Cajamarca region, which prompted the
GE.14-07246
7