Throughout much of modern history, many indigenous peoples of Latin America have shown a remarkable capability of maintaining their productive structures in harmony with the environment. The particular features of their cosmogony have allowed a more sustainable performance than that of western practices (often very destructive), entitling them legitimate rights over their “untouched lands”. The imposition of productive models based on nature’s plunder supposed an ecological devastation that, in a meaningful extent, did not reach the lands inhabited by numerous indigenous peoples. This characteristic has turned the current indigenous territories into biodiversity’s shelters, and forests, water and mineral ores’ reservoirs.

On the other hand, the complex legal structures created with the purpose of protecting these lands invaluable wealth, often has shown its limitations to fulfill its principles. Frequently, these lands face serious risks associated to the uncontrolled expansion of the resources capitalization related processes, hence also threatening the peoples living in them.

Considering the strategic importance of water, it would not be illegitimate to suppose the indigenous territories and lands (and their enormous water reservoirs) could be subject of ferocious economic and political disputes. Latin America lacks the necessary instruments for the control and administration of its water systems. Furthermore, it neither has established the adequate procedures for the settlement of water related controversies.
Through its experience, the Latin American Water Tribunal has perceived the particularities of water related conflicts involving indigenous peoples. Thus, these conflicts require a specific approach that brings together such particularities as a whole.

For all the above and on the basis of the Latin American Water Declaration’s dispositions, this ethical court scheduled a public hearing focused on judging water related conflicts in Latin America’s indigenous peoples. This activity took place in La Real Plaza Hotel in Antigua Guatemala, September 8th through September 12th, 2009. Parallel seminars and workshops related to similar issues were also scheduled.

Summary of cases and verdicts.

Jury Resumes.

Program activities (Only in spanish)

Hearing report