The Siekopai community of Painkenape is located in the department of Loreto, province of Maynas, district of Torres Causana. Approximately 50 Siekopai men and women live in this community, settled on the banks of the Napo River on the border between Ecuador and Peru. They have been fighting for more than 6 years for the legalization of their ancestral territory. However, despite having legal and historical support documenting the presence of their ancestors -«the Encabellados»- in the area, bureaucratic obstacles and the lack of professionalism of local authorities to carry out field visits, have obfuscated an administrative process with serious consequences for the Siekopai people.
Within the framework of the agreement signed with Fundación Raíz last March, the CEFO Indígena team has been joining efforts to support the Siekopai community of Painkenape. Thus, through the Probono Alliance of Peru, it was possible to acquire legal support of the Benitez, Vargas and Ugaz prestigious law firm, who were able to carry out a complete legal report in order to guide the Painkenape community in the legal procedures necessary to resolve this ownership issue. CEFO director Joaquín Wray visited the community to deliver the report to community leaders and explain the next steps to find a solution to the territorial issue. However, the picture is complicated, as titling is not the only problem facing the Siekopai people.
By not having the legal certainty granted by the recognition of the community before the Regional Agrarian Directorate and the titling before the same entity, the rights of the Siekopai community have been repeatedly violated. Particular interests of the local authorities have instigated a conflict with other communities in the area that have been recognized and whose titled territory overlaps the area occupied by the Siekopai. This territory is also shared with the settlers of Cabo Pantoja, a border city on the Peruvian side, who farm their subsistence crops in the area irregularly legalized by the Loreto Regional Agrarian Directorate. This has led to a futile dispute over a territory that, if a collaboration agreement is reached, could potentially be beneficial for the Siekopai as well as for the settlers and other communities.
However, the limited technical capacity of the regional governments to follow the guides and policy papers where the technical procedures for the titling of indigenous territories are established, is generating anxiety and instability in the inhabitants of this territory. Not only are they reluctant to make technical visits to verify and inform the inhabitants about the titling process, but the technicians also ignore the presence and concerns of the indigenous peoples. The steps for recognition and titling can be seen in the following infographic made by CIFOR, who have also developed a practical guide for the titling of indigenous territories.
The titling of land is an urgent issue to resolve for the indigenous peoples of the Amazon, since it allows them to sustain their resistance against the advances of extractive industries and illicit economies in their territory. Likewise, there are several studies that maintain that the preservation of Amazonian ecosystems is strongly influenced by the presence of their main defenders: the indigenous peoples. This DAR report shows that national and international programs and projects to promote titling in Peru have not had the expected result. In the 2011-2020 period, they managed to title 147 communities out of a goal of 719. In other words, only 16 communities were titled annually despite having the financial resources, a ridiculous number in the face of the enormous problem that legal uncertainty represents.
This is a situation experienced by many Amazonian communities. In the CEFO Indígena, together with our strategic allies, we will continue to look for ways to support the Painkenape community and put the urgency of titling Amazonian indigenous lands on the public agenda.
For more information on the importance of titling indigenous communities in the Amazon, we recommend visiting the following links:
Key points to improve the process of titling native communities in the Amazon:
https://dar.org.pe/puntos-clave-para -improve-the-title-process-of-native-communities-in-the-amazon/
Collective titling in the Peruvian Amazon: A story in three acts:
https://www.cifor.org/publications/pdf_files/flyer/6915-flyer.pdf
Situation of land titling financed with climate funds
Protected Areas and the Land Rights of Indigenous Peoples and Local Communities:
https://rightsandresources.org/wp-content/uploads/RRIReport_Protected-Areas-and-Land-Rights_web.pdf