Hope for justice for Ñembi Guasu 

The Ñembi Guasu Indigenous Conservation Area was one the first protected areas declared by an Indigenous autonomous government in Bolivia. Since then, the reserve has been able to overcome various threats, including the fires that raged throughout Bolivia in 2024. Nevertheless, the integrity of Ñembi Guasu remains under attack due to human settlements that were not approved by the Indigenous government. Now, Ñembi Guasu is awaiting a historic court ruling, as it aims to position itself as an example of the struggle to protect a valuable ancestral territory. 

Header photo: Forest fires in Bolivia © NATIVA Bolivia

In 2024, the Guaraní Charagua Iyambae autonomous Indigenous government approved the management plan for the area by law. It is now one of the few – if not the only – example in Bolivia where a management plan for an Indigenous protected area is approved by law by an Indigenous government.    

Defence of territory

Despite this, the integrity of the Ñembi Guasu Indigenous Conservation Area remains under attack. In 2019, devastating forest fires affected 30% of its territory. Afterwards, more than 90 illegal settlements emerged that were not approved by the Indigenous government, seriously affecting the environment due to deforestation, slash-and-burn forest clearance, and new informal roads.  

In response, the Guaraní Charagua Iyambae autonomous Indigenous government opted for the legal defence of the territory by filing a case with the Agro-Environmental Court in Camiri in 2021. In Bolivia, the Agro-environmental Courts in Camiri and the Agro-environmental Tribunal in Sucre (which is the higher authority) are responsible for delivering specialised justice in agrarian, forestry, livestock, environmental, water, and biodiversity matters. While the case was on trial, the fires, mostly originating in the settlements, continued.  

An ecological pause

Some actors argue that the endowment of new land titles is due to the existing public lands in the Ñembi Guasu territory are available to be allocated to new human settlements, as long as they fulfil their social function. However, this view risks the cultural and ecological integrity of an enormous Indigenous territory. It also violates the rights of the Ayoreos, an Indigenous people living in voluntary isolation and protected by the Bolivian Constitution. 

The Guarani Charagua Iyambae Autonomous Government does not consider Ñembi Guasu’s land as available. They consider it their authority, based on the Bolivian Constitution, to decide what happens in their territory.   

Given this situation, a precautionary measure was requested to safeguard the Ñembi Guasu. The Agro-environmental Court fairly and correctly declared an ecological pause throughout the territory, prohibiting, among other things, the issuance of new authorisations for clearing and slash-and-burn forests, settlement resolutions, control of access to the Ñembi Guasu forest, and the suspension of productive activities. This was a substantial measure to give the forest a respite and a break in its restoration process after the fires. The order was ratified twice by the Agro-environmental Tribunal. 

To date, the Ñembi Guasu is legally and territorially protected, thanks to the commitment of the Guaraní people, their authorities, and the courageous park rangers^[1]Source:Tata Guasu: Un documental que baja a la garganta del infierno y asciende con el grito de la resistencia – Revista Nómadas. During the recent fires of 2024, which were the worst in Bolivia’s recent history, they bravely defended and protected the territory. It is the only territory in the Great Chaco Pantanal Conservation Landscape that was free of fires^[2]Source: Una victoria en el desastre: cómo un esfuerzo colectivo salvó al Ñembi Guasu de los incendios – Revista Nómadas.

‘The challenge for Ñembi Guasu is to stand firm, enforcing the provisions of the sentence of the Court and promoting the respect for an ancestral Indigenous territory that is not available for new settlements.’

Sander van Andel, Senior Expert Nature Conservation at IUCN NL

‘The challenge for Ñembi Guasu is to stand firm, enforcing the provisions of the sentence of the Court and promoting the respect for an ancestral Indigenous territory that is not available for new settlements. The aim is to permanently strengthen its management through ensuring that the Indigenous authorities of Charagua with its Protected Areas Directorate, together with the area’s protection team, can assert their role,’ says Sander van Andel, Senior Expert Nature Conservation at IUCN NL. 

Hope for justice for Ñembi Guasu 

After a lengthy process that lasted four years, the Agro-Environmental Court once again ruled in favour of the Ñembi Guasu forests on 21 January 2025. The court ordered, amongst other measures, the ratification of the ecological pause, a prohibition on issuing new authorisations for clearing and slash-and-burn forests, and a prohibition on the issuance of new authorisations for settlements. Nevertheless, the case has been appealed and now the higher Agro-Environmental Tribunal in Sucre will review the case.   

It is hoped that justice is on the side of the Ñembi Guasu and that the highest Agro-Environmental Tribunal in Sucre will uphold the ruling, which would constitute a historic milestone and jurisprudence that can be applied in defence of other protected areas in Bolivia, with are currently often devalued and unprotected. 

How we support Ñembi Guasu 

IUCN NL has been working with partner organisation NATIVA Bolivia for many years. Since 2018, we have been supporting together the Autonomous Indigenous Charagua government in conserving the Ñembi Guasu Indigenous Conservation Area.