{"id":268939,"date":"2025-04-15T11:12:36","date_gmt":"2025-04-15T10:12:36","guid":{"rendered":"https:\/\/www.iucn.nl\/?p=268939"},"modified":"2025-04-23T09:03:40","modified_gmt":"2025-04-23T08:03:40","slug":"hope-for-justice-for-nembi-guasu","status":"publish","type":"post","link":"https:\/\/www.iucn.nl\/en\/news\/hope-for-justice-for-nembi-guasu\/","title":{"rendered":"Hope for justice for \u00d1embi Guasu\u00a0"},"content":{"rendered":"
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The \u00d1embi Guasu Indigenous Conservation Area was one the first protected areas declared by an Indigenous autonomous government in Bolivia. Since then, the reserve has been able to overcome various threats, including the fires that raged throughout Bolivia in 2024. Nevertheless, the integrity of \u00d1embi Guasu remains under attack due to human settlements that were not approved by the Indigenous government. Now, \u00d1embi Guasu is awaiting a historic court ruling, as it aims to position itself as an example of the struggle to protect a valuable ancestral territory.<\/strong> <\/p>\n<\/div>\n\n

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Header photo: Forest fires in Bolivia \u00a9<\/em><\/mark><\/em> NATIVA Bolivia<\/mark><\/em><\/p>\n<\/div>\n\n

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In 2024, the Guaran\u00ed Charagua Iyambae autonomous Indigenous government approved the management plan<\/a> for the area by law. It is now one of the few \u2013 if not the only \u2013 example in Bolivia where a management plan for an Indigenous protected area is approved by law by an Indigenous government.    <\/p>\n<\/div>\n\n\n

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Defence of territory<\/h2>\n<\/div>\n\n
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Despite this, the integrity of the \u00d1embi Guasu Indigenous Conservation Area remains under attack. In 2019, devastating forest fires affected 30% of its territory. Afterwards, more than 90 illegal settlements emerged that were not approved by the Indigenous government, seriously affecting the environment due to deforestation, slash-and-burn forest clearance, and new informal roads.  <\/p>\n<\/div>\n\n

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In response, the Guaran\u00ed Charagua Iyambae autonomous Indigenous government opted for the legal defence of the territory by filing a case with the Agro-Environmental Court in Camiri in 2021. In Bolivia, the Agro-environmental Courts in Camiri and the Agro-environmental Tribunal in Sucre (which is the higher authority) are responsible for delivering specialised justice in agrarian, forestry, livestock, environmental, water, and biodiversity matters. While the case was on trial, the fires, mostly originating in the settlements, continued.  <\/p>\n<\/div>\n\n\n

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An ecological pause<\/h2>\n<\/div>\n\n
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Some actors argue that the endowment of new land titles is due to the existing public lands in the \u00d1embi Guasu territory are available to be allocated to new human settlements, as long as they fulfil their social function. However, this view risks the cultural and ecological integrity of an enormous Indigenous\u202fterritory. It\u202falso violates the rights of the Ayoreos, an Indigenous people living in voluntary isolation and protected by the Bolivian Constitution. <\/p>\n<\/div>\n\n

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The\u202fGuarani Charagua Iyambae Autonomous Government does not consider \u00d1embi Guasu\u2019s land as available. They consider it their authority, based on the Bolivian Constitution, to decide what happens in their territory. \u202f <\/p>\n<\/div>\n\n

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Given this situation, a precautionary measure was requested to safeguard the \u00d1embi Guasu. The Agro-environmental Court fairly and correctly declared an ecological pause throughout the territory, prohibiting, among other things, the issuance of new authorisations for clearing and slash-and-burn forests, settlement resolutions, control of access to the \u00d1embi Guasu forest, and the suspension of productive activities. This was a substantial measure to give the forest a respite and a break in its restoration process after the fires. The order was ratified twice by the Agro-environmental Tribunal. <\/p>\n<\/div>\n\n

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To date, the \u00d1embi Guasu is legally and territorially protected, thanks to the commitment of the Guaran\u00ed people, their authorities, and the courageous park rangers[1]<\/sup><\/a>Source:Tata Guasu: Un documental que baja a la garganta del infierno y asciende con el grito de la resistencia – Revista N\u00f3madas<\/a><\/span><\/span>