SMA PROGRAMS: INDIGENOUS RIGHTS:
Choreachi (Pino Gordo) - Overview

The Tarahumara pueblo of Choreachi is one of the most traditional indigenous communities in North America and the last Tarahumara community to live in an ancient forest. Although having been in possession of their territory for time immemorial, the indigenous of Choreachi are still a de facto community, without any legal recognition of their rights to land titling.

Pino Gordo has widely been considered by agrarian policy experts as an epitome of Mexico’s inability to resolve social and land conflicts.The current residents are the descendents of those who originally requested their land rights to be recognized by the state, in 1934, as ejido members. The absolute inefficiency of the ejido system resulted in a process of 33 years between the request of land titling and the decision that created the ejido of Pino Gordo in 1967. As the original 50 solicitants were all dead by the time the land titles were granted, 68 successors became members of the ejido of Pino Gordo in 1967. However, the creation of the ejido of Pino Gordo did not bring a solution for the people of Choreachi. Reviews of the documentary record by independent investigators show that the Presidential Resolution that created the ejido in 1967 contains contradictory and erroneous data. The way this document has been interpreted by federal authorities pushes the boundaries of the Tarahumara territory from their forest homes to the edge of the mile deep Sinforosa canyon.

The Tarahumara of Choreachi were again defrauded of their land rights in 1998 when Raul Aguirre, a corrupt Tarahumara leader, managed to convince the agrarian authorities that all the original ejido members were dead, and listed his followers as the true ejido members. This included changing names to falsely establish relations with the “deceased” ejido members In fact, 22 of the original ejidio members of 1967 are still living. Raul Aguirre then ceded their forest homes to the neighboring mestizo (mixed blood) ranchers of Coloradas de los Chavez in exchange for a diminutive forest concession that he controls. The frauds against the people from Choreachi continued as a governmental program for the certification of ejido boundaries (called PROCEDE) allocated a large part of the ejido of Pino Gordo to the neighboring territory of Coloradas de la Virgen.

SMA has sponsored the legal and political efforts for Choreachi to gain their land rights and protect their forests since 1999. Although most of the area has been protected from logging, the emergency measures needed to suspend logging had the disadvantage of delaying in years a decision on the land claims.

A favorable decision to the indigenous of Choreachi was obtained in 2000, recognizing their rights over the lands they have been occupying for so many generations. However, this decision was modified the following year by a higher court on the basis of a technicality. The court understood the claim had to be proposed to the ejido assembly prior to petitioning the courts. This decision sadly exposes the way Mexican courts have been interpreting the agrarian legislation in narrow terms and in this disrespect of the indigenous rights already recognized by Mexican law.

To generate action and attention for their struggles, the Tarahumara of Choreachi organized a march in the city of Chihuahua in November 2005. More than 150 Tarahumara women, children, and elders maintained an encampment for 15 days in front of the Palacio de Gobierno. SMA supported the mobilization and the march through various Agrarian and Indigenous agencies.

As a result of this movement, dialogue began to transform the case. The government agreed to the continued suspension of logging in the conflicted territory and to pay a private attorney to represent their petition for ejido rights. A great deal of public and political support was also generated – the city and media were enchanted with the presence of a unified community from another world.  There was an undeniable peaceful air to the center of Chihuahua due to their spirit. The CDI (federal commission for the development of indigenous peoples) became more engaged and offered political support that has been critical in the ongoing state-federal negotiations. The CDI also initiated a mediation process with the opposition leader- Raul Aguirre - that eventually failed.

Choreachi is one of the last old growth forested areas in the Sierra, and it is home to 1,000 protected species of plant life and at least 26 protected species of wildlife, including the Military Mackaw, Thick-billed Parrot, three species of Trogon, Jaguarundi, Golden Eagle, and Ocelot.Although the above state concessions were essential to sustain a suspension on logging and to enable the community to receive greater legal assistance, this assistance is limited today to gaining ejido rights. A petition in this sense was filed in November 2006 on behalf of 53 Tarahumara, in another attempt to obtain from the Agrarian courts the recognition of the rights of this group to their ancestral lands. Although this case might bring a solution to land titling, it is expected to be another long process in which a positive decision is not guaranteed. Moreover, this case does not deal with the boundary issue with Coloradas de los Chavez, the most serious threat, that will that to be dealt with in another claim. In addition to this, logging concessions are again about to be issued and SMA is again mobilized to impede this to occur.

The lack of recognition of land rights; the conflict over boundaries and illegal logging have generated enormous social tension in Pino Gordo. The Tarahumara have constantly been intimidated by Coloradas de los Chavez, home of several drug trafficking and murderers (32 arrest warrants for murder are outstanding in the community). On multiple occasions over the past decade, gunmen have threatened or attempted to intimidate SMA and associates. In 2005 this situation was aggravated as a logging permit was issued in favor of Raul Aguirre. When logging started and tensions became acute someone torched a bulldozer and Choreachi leader Prudencio Ramos was falsely accused of this crime, kidnapped by a gang of 20 armed followers of Raul people and imprisoned for six days. Raul’s group continues to roam the territory armed with illegal weapons. In total disregard of this brutal reality, the court decision aforementioned gives to this group authority to make decisions on rights to land of the entire community.

SMA is sponsoring studies and a backing a new legal strategy to bring justice to this case. The aim is the recognition by the Agrarian courts that the people of Choreachi have rights over the lands that their have ancestrally been occupying; that these rights have already been recognized by Mexican law; and that these rights cannot be overwritten by decisions of the hierarchy of ejido assemblies. The best solution for this case is the recognition that communal land ownership – which is possible under Mexican law – would be a better option than the ejido membership. The boundary issue also requires the recognition of indigenous rights, as related to the occupation of the territories and not on the basis of posterior administrative decisions that do not even respect the geographical conditions of the area.

To achieve these goals SMA team of lawyers, anthropologists and topographers is gathering factual, anthropological and historical data, national and international jurisprudence, besides precise geographical information. SMA has contracted with a new attorney, Ernesto Palencia, who has 23 years of Agrarian Law experience, to represent Choreachi land claims. SMA also has the support of the Environmental Defenders Law Center (EDLC) who will help SMA gather pro-bono legal opinions of international law firms on the interpretation of indigenous rights according to international law.

SMA is also trying to build the conditions for a viable inter-institutional negotiation to solve this case. One of potential negotiated solutions would be the inclusion of this case in the Federal Program for Resolution of Rural Conflicts, also known as “Programa Foco Amarillo” (Yellow Focus). This program is used in cases with a high level of social conflict and in which a legal solution could not be found. A political solution is sought combined with a financial settlement, such as purchasing land. In this case the land includes the added value of the old growth forest.

A third and complementary path towards resolving the case of Choreachi could be the creation of a protected area. Choreachi is one of the last old growth forested areas in the Sierra, and it is home to 1,000 protected species of plant life and at least 26 protected species of wildlife, including the Military Mackaw, Thick-billed Parrot, three species of Trogon, Jaguarundi, Golden Eagle, and Ocelot. In 2006, SMA led a discussion on Pino Gordo at the National Counsel for Protected Areas (CONAP) annual meeting. CONAP recognized a volunteer commission of some of Mexico’s most influential conservationists, including leaqders of the Meso-American Biological Corredor, Fondo Mexicano para la Conservacion, UN Development Program, Espacios Naturales A.C., and The Nature Conservancy. Although state agencies have the power to expropriate lands for conservation purposes, such an option is out of favor politically, due to the controversy over expropriating indigenous lands. However, a determined federal administration may be convinced to apply this authority in a case such as Pino Gordo, where a properly constructed conservation buyout would support indigenous rights.

Pino Gordo is one of the most complex land cases in Mexico today. This case will determine the fate of a people, their sacred lands and forests, and their ability to survive as a culture. Pino Gordo has widely been considered by agrarian policy experts as an epitome of Mexico’s inability to resolve social and land conflicts. While waiting for a judicial or negotiated decision, the community of Choreachi remains at risk.