Leaders of the A’i Cofán, Siona, Siekopai, Andwa, and Wampis nations — cross-border Indigenous peoples of the Amazon in Ecuador, Peru, and Colombia — together with the Interethnic Association for the Development of the Peruvian Rainforest
(AIDESEP) and members of Amazon Frontlines and Amazon Watch, participated, both in person and virtually, in a regional hearing convened on November 15 by the Inter-American Commission on Human Rights (IACHR), within the framework of its 191st regular session, held in Washington D.C. This hearing was held to raise awareness of the serious, systematic and multidimensional violations of the rights to self-determination, territory, self-government, free, prior and informed consent, and the risks to life and integrity. These violations stem from the actions and negligence of states, as well as the activities of criminal and illegal actors, leaving cross-border Indigenous peoples and nations—including uncontacted communities—in situations of grave risk and vulnerability.
During the hearing, Indigenous leaders explained to the Commissioners how the imposed international borders have historically divided the territories of the A’i Cofán, Siona, Siekopai, Andwa, Shuar, and Wampis peoples, resulting in ongoing displacement and dispossession. They explained how borders are artificial constructs, used to legitimize exploitation, resource extraction, and conflicts that have torn apart Indigenous families and communities.
They also explained that, despite the challenges posed by borders, cross-border Indigenous communities continue to uphold traditions that preserve the cosmovision inherited from their ancestors. This enduring worldview is deeply rooted in their knowledge of the rainforest, its plants, and their spiritual practices.
They also stressed the importance of rejecting terms like “binational” or “transnational,” as these concepts reinforce state-centric perspectives rather than recognizing Indigenous peoples as holders of cross-border rights. This acknowledgment aligns with their right to self-determination, as affirmed by Article 32 of ILO Convention 169 and other international legal instruments.
In the dialogue with Commissioners Arrif Bulkán and Edgar Ralón, respective rapporteurs for Indigenous peoples and persons deprived of liberty, the leaders addressed questions about the reality experienced by these peoples, and members of civil society established specific requests and recommendations.
Commitments of the IACHR
Commissioners Edgar Ralón and Arif Bulkan – the latter being the specific Rapporteur for Indigenous Peoples – expressed their concern about the situation of cross-border Indigenous peoples. They also ratified their commitment to take cross-border peoples into account in the IACHR monitoring system and to make recommendations aimed at increasing the visibility of their systematic and multidimensional rights violations. They also intend to hold follow-up meetings to further explore the issues discussed, gather firsthand information from the territories, and develop an approach for cross-border peoples rooted in self-determination.
Violation of economic, social and cultural rights: impoverishment and marginalization populations located in border zones
During the hearing, Indigenous peoples highlighted that states lack updated records and censuses related to the protection of economic, social, and cultural rights and accurate population data. Furthermore, the limited available data reveals that communities in border zones suffer from state neglect and abandonment, facing high poverty rates and limited access to education, healthcare, food, and essential services.
Violation of territorial rights: territorial marginalization and dispossession
Indigenous leaders explained how the States of Colombia, Ecuador, and Peru historically established administrative and legal mechanisms to marginalize Indigenous peoples, limiting their territorial rights; even today, Indigenous peoples are required to undergo lengthy and complex administrative and judicial processes to request the expansion, regularization, and restitution of territorial rights.
Using specific cases as examples, they demonstrated to the IACHR how the establishment of protected areas, natural reserves, and other state-led conservation initiatives—implemented without consultation—has led to territorial marginalization and infringed on their rights to self-governance and self-determination. They emphasized that states have imposed territorial management systems that disregard the authority of Indigenous peoples.
Violation of the right to free, prior, and informed consent: oil extraction and mining
They also denounced the historical establishment of extractivist practices by states, highlighting that the resulting damages—such as those caused by the oil extraction boom in the latter half of the 20th century—remain unaddressed and unrepaired. They even pointed out examples of international agreements signed by States for the extraction and transport of oil, instead of generating agreements to protect Indigenous peoples as established in article 32 of the ILO. They further condemned plans to launch new oil auctions in Ecuador and Peru without consulting or obtaining the consent of Indigenous peoples. They also criticized the promotion of large-scale mining projects facilitated by alliances between corporations and national governments, which have caused severe impacts on communities and broken down the social fabric.
Threats to life and integrity stemming from activities associated with illicit economies
During the hearing, a call was made to safeguard the lives of Indigenous peoples, emphasizing that border regions often serve as zones of evasion, refuge, and operations for criminal organizations and irregular armed groups. Colombia’s ongoing armed conflict has led to alarming levels of threats, murders, displacement, and confinement affecting Indigenous communities, particularly targeting leaders, human rights defenders, and members of the Indigenous Guards. This conflict has spilled over into Ecuador, fueling additional violence driven by disputes over drug trafficking routes and control of mining sites. Similarly, on the border between Ecuador and Peru, armed groups are attempting to infiltrate territories to carry out mining activities.
Indigenous peoples in voluntary isolation at risk
The hearing also highlighted the heightened risks faced by Indigenous peoples in voluntary isolation across border regions. The absence of timely and coordinated actions by states exacerbates pressures on their territories, potentially forcing unwanted contact and endangering the very survival of these communities.
Demands and petitions before the IACHR
The petitioners of the thematic hearing requested that the Inter-American Commission:
- Exercise its powers under Article 41 of the ACHR to conduct specific studies and produce reports on the serious violations affecting cross-border Indigenous peoples.
- Advance the development of a framework for addressing the rights and self-determination of cross-border Indigenous communities.
- Request detailed information and hold States accountable for the situation of cross-border Indigenous peoples whose territories are fragmented by the borders between Ecuador, Colombia and Peru; as well as the extractive plans and programs being pursued, and areas affected by the Colombian armed conflict, transnational organized crime linked to mining activities, drug trafficking, and logging. In particular, States should provide information on their coordination, cooperation, and consultation plans to address these threats to these communities.
- Encourage States to develop coordinated mechanisms to guarantee the self-determination of cross-border Indigenous peoples, to protect their territories, cultural practices, and ways of life.
- Enact measures to prevent and respond to the expansion of organized crime and illegal economies, ensuring these measures are developed in dialogue and consultation with cross-border Indigenous peoples and respect their processes of self-governance and self-determination.
During December 2024 and January 2025, cross-border Indigenous organizations and peoples will have a series of virtual meetings with commissioners responsible for specific thematic reports on human rights defenders, Indigenous peoples, economic, social and cultural rights, among others, to delve deeper into the demands that Indigenous peoples presented at the regional hearing on November 15th, 2024.
