Bogota, Colombia (AP) – The Peruvian Supreme Court has issued a landmark ruling to recognize the territorial rights of the Kichwa people in the Amazon reserve – marking a major breakthrough in indigenous land claims.
According to the Kichwa people and lawyers in the case, the decision confirms that indigenous management is fully compatible with the conservation objectives, setting a strong precedent for rights-based forest protection in Peru.
The ruling was released on May 15 but was publicly published Wednesday, following a legal challenge by four indigenous organizations representing the Kichwa community in the St. Martin area. The state has denied their ancestral existence for decades, creating protected areas without consultation or consent, the community said.
“The ruling confirms their historical existence and demands respect for the rights of these territories,” Cristina Gavancho, legal counsel for the plaintiffs' organization, told the Associated Press on Thursday. “It recognizes that in doing so, they not only help in protection, but must participate in any state-led implementation measures.”
Environmentalists say the case could reshape how Peru is approaching forest conservation, especially in controversial areas such as Cordillera Azul National Park, home to one of the world's largest forest carbon offset projects.
Sernanp, the Peruvian government agency responsible for protecting natural areas, did not immediately respond to a request for comment.
Gavancho said the ruling could be globally relevant because it strengthens international awareness of the role played by indigenous peoples in conservation. She noted that this decision was consistent with international biodiversity goals and signaled to deviate from top-down conservation models.
“Protection is not just about building protected areas, it also involves the recognition and protection of indigenous territorial rights,” she said.
Wiler Saurin, vice president of the Indigenous Alliance Coder for the St. Matthew region of Peru, said the ruling was a major victory in recognition of the long struggle for ancestral land. He stressed that the San Martin’s reserve was established without free, prior and informed consent and was approved by the people of Kichwa, Shawi and Awajun.
Saurin from the Kichwa community told the Associated Press by phone that the court's ruling confirmed Indigenous territorial rights and stressed that protection would not occur without Indigenous inclusion.
“You can’t protect from your desk, you can’t protect from offices that get a good salary – it must be done by working with communities that have been occupied by ancestors.”
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