An Indigenous group in the Peruvian Amazon is celebrating a significant court ruling regarding their ancestral lands. The Kichwa community of Puerto Franco believes their territory was wrongfully taken to establish the Cordillera Azul National Park in 2001. Companies like Shell and TotalEnergies invested heavily in carbon credits to offset their emissions from fossil fuel operations, yet the Kichwas saw little benefit and continued to face hardship. A 2022 investigation indicated that the land in question was indeed part of the Kichwa’s ancestral holdings, as recognized by a convention Peru signed years ago.
Last year, the community achieved a major legal victory when Judge Simona del Socorro Torres Sánchez determined that the park was created without the Kichwa’s consent, violating their rights. She instructed the authorities to restore their land ownership and direct the proceeds from carbon credit sales to the community.
However, an appeals court surprisingly overturned this decision, raising concerns among some legal experts. Recently, Judge Sánchez reaffirmed her ruling in favor of the Kichwas, insisting that their Indigenous identity and territorial rights are significant, regardless of how much time has elapsed since the park’s establishment.
The Peruvian government and a nonprofit organization managing the park, CIMA, claim that the Kichwas missed the window to reclaim their lands and question their Indigenous status. They also argue that the community didn’t voice any opposition when the park was created in 2001.
Kichwa leader Inocente Sangama expressed his frustration with the government’s assertions about their identity. He stated, “Who said an Indigenous person cannot wear clothes?” He added, “The justice system has proved us right. We feel pride and happiness.”
The Peruvian government has yet to respond to inquiries about the case. CIMA’s director, Jorge Aliaga Arauco, announced plans to appeal the recent ruling, insisting their position on the matter is legally sound. The nonprofit argues that revenues from the carbon credit project are vital for preserving the region’s ancient rainforest, known for its rich biodiversity.
As this case moves forward, legal expert Juan Carlos Díaz noted that the ruling could face further appeal. If the Kichwas succeed in the next court, it could be a final resolution for their claims. Should they not prevail, they have one final opportunity to appeal to a higher Constitutional Court, which the government is not able to do.
The outcome of this case will provide clarity regarding the rights of Indigenous communities and their claims to traditional lands, a crucial issue in today’s discussions surrounding conservation and environmental responsibility.
