Monday, May 5, 2014

The Woman Who Breaks Mega-Dams

Ruth Buendía Mestoquiari has built her career, and staked the fate of her people, on the law.

Ruth Buendía Mestoquiari

But she doesn't have a law degree. In fact, she didn't even start elementary school until she was a teenager and didn't finish high school until age 25. While her peers went to class, she spent her childhood in the 1980s and 90s shuttling between her native village of Cutivireni, the town of Satipo, and the city of Lima, as Peru's two-decade civil war devastated her community and claimed her father, who was killed in the violence when Buendía was only 12.

What Buendía does have is five children, all 18 and younger, and a "wonderful husband." She has the distinction of being the first female president of CARE, an organization representing roughly 10,000 indigenous Asháninka who live along the banks of the Ene River in the Peruvian Amazon. And she has a knack for blocking massive hydroelectric dams, having thwarted not one but two planned projects that she believed would displace the Asháninka and destroy the ancestral lands they depend on for their livelihoods. It's a threat she characterizes as "economic terrorism," in an allusion to the armed terrorism she experienced during the civil war.

Through it all, she's managed to redeem what we've come to consider something of a dark art: the lawsuit.

The 37-year-old, who received a Goldman Environmental Prize this week for her efforts, has employed several tactics in her duels with the dams, which were first proposed as part of an energy agreement between Peru and Brazil in 2010. She's marshaled technology, using a laptop and computer simulation to show constituents how the dams would flood the Ene River Valley. She's courted media attention, established international partnerships, and mobilized her people in regional assemblies.

But above all, she's insisted, again and again, that she has the law on her side—specifically an International Labor Organization treaty that Peru ratified in 1994 andnational legislation that the country passed in 2011. Both require the government to consult with indigenous communities before launching development projects—be they infrastructure initiatives or mining concessions—that will affect them. The concept is known as "prior consultation."

Buendía's primary argument isn't that the dams are illegal per se, but rather that Peruvian authorities must first secure her people's consent about how the projects should proceed—if, that is, there are grounds to proceed in the first place. By filing lawsuits in Peruvian courts with the help of legal advisors and making her case to bodies like the D.C.-based Inter-American Commission on Human Rights, Buendía has pressured Peruvian officials and Brazilian companies to halt the construction of the Pakitzapango and Tambo-40 dams—at least for now.

In prioritizing legal strategies over others, Buendía's key insight is to fight fire with fire. After all, the proposed dams are a product of a compact between governments—a 50-year energy agreement that Peru and Brazil struck in 2010. The plan was for Brazilian corporations to dam rivers in the Amazon rainforest in Peru and produce up to 7,200 megawatts of hydropower.

Peru's leaders trumpeted the numerous benefits the dams would bring: Brazilian companies would be investing heavily in one of the country's few energy sources—its rivers—and leveraging a renewable energy source at that. The projects would create thousands of jobs for Peruvians and bring affordable energy to rural areas. But under the deal, most of the power generated would have been exported to Brazil. And the Asháninka, along with several studies by conservation groups, have warned of the grave environmental and social impacts of the plants. The dams, for instance, could flood the surrounding jungle, submerging arable land, threatening water quality, endangering the forest's biodiversity and the rivers' fish populations, and forcing Asháninka to migrate.

"They think we're going to break windows and protest like in Conga, but we aren't,” Buendía told The New York Times in 2012, in reference to fierce demonstrations in northern Peru against a gold-mine project. "Just as they do to us with legal documents we are going to do to them."

International treaties and national laws have granted the Asháninka rights, she reasons. Now it's up to the Asháninka to apply the law. More