0""74470"89583"" 1 SAil C The South And Meso American Indian Rights Center

Abya Yala News Co TENTS Editors: SAIIC Board of Directors Copy Editor: Jessica Falkenhagen Layout and Design: Edgar Ayala! Grassroots Publishing Editorial ...... 3 Cover Photo by: Alexandre Sassaki SAIIC Staff In Brief ...... 4-5 Executive Director: Laura Soriano Morales (Mixteca!Zapoteca) Journal Coordinator: Jess Falkenhagen Radio Program Coordinator: Laura Soriano Morales

Convention 169 of the ILO SAIIC Interns Paulus Bouma, Wouter te Kloeze, Nick Luem, Jessine Foss

An Introduction to the ILO ...... 6 SAIIC Board of Directors Gina Pacaldo (San Carlos Apache-Chicana) ILO Convention 169-Can it help? ...... 1 0 Carlos Maibeth (Miskito-Nicaragua) Mariana Chuquln (Quichua-Ecuador) Marcos Yoc (Maya-Kaqchikei-Guatemala) Mexico: Interview with Margarita Gutierrez ...... 12 Amalia Dixon (Miskito-Nicaragua) Alejandro Amaru Argumedo (Quechua-Pen.J) Costa Rica: dealing with the highest law in the land ... 14 SAIIC Advisory Council Ruilno Domingez (Mixteco-Mexico) Guatemala: Convention 169 and the Peace Accords ... 17 Luis Macas (Quichua-Ecuador) Atencio Lopez (!

n response to mounting pressure from the Indigenous movement, a new perspective has begun to come forth in regards to Indigenous people throughout the past two decades, as Governments start to acknowledge the I cultural and linguistic diversity of Indigenous communities. Just as the last 25 years have seen a change in national Government's position in regard to , international bodies are also reexamining their previously held assumptions and are now recognizing Indigenous peoples right to control their own lands, their own economic development, their own unique cultures, and their futures. The creation of new laws and pro­ grams and the ratification of international treaties, such as the ILO Convention 169 of 1989, seem to indicate that these nations are serious about their commitment to cherishing diversity. This issue of Abya Yala News examines the International Labor Organizations Convention No. 169 on Indigenous and Tribal Peoples and asks how it has affected the lives of Indigenous peoples in nations where it has been ratified.

Due to the successful efforts of Indigenous groups, states have begun to move away from trying to forge homogenous nations and have started to officially propane the multiethnic state. The idea that a true democra­ cy must be pluricultural is beginning to take hold in a number of Latin American countries. More than any other international document, the International Labor Organization's Convention 169 represents this shift in attitude from an assimilationist perspective to one that respects and values Indigenous cultures.

To introduce the topic, we start with an explanation of the structure and procedures of the International Labor Organization and discuss the relationship between this international body and Indigenous people. An analysis of Convention 169, which elaborates on some of its most controversial points, follows. These two arti­ cles provide an overview of the most thorough international document to deal with Indigenous cultural, territo­ rial, linguistic and religious rights in the modern nation state.

This issue presents how different nations are working to make ILO Convention 169 fit within the framework of existing national laws. It examines the relationship between legislation and practice. More than anything else this issue provokes questions- Will the ratification of Convention 169 bring the changes it promises? Is the pan American commitment to pluriethnic nations a superficial gesture or a does it represent a real change in the last 500 years of policy making?

In an interview with SAIIC, Margarita Gutierrez explains why she believes that, despite its limitations, the Convention has been and will continue to be a useful tool for Indigenous people in Mexico to achieve internal autonomy and self-determination.

Costa Rica ratified Convention 169 in 1993, recognizing it as the highest law in the land. Four years later the Costa Rican Government still seems to be having difficulty implementing many ofits articles.

We also look at how Guatemala, still reeling from decades of war, is struggling to implement Convention 169 along with their news laws, as the nation strives to preserve and respect the Mayan cultures. It is our sincere hope that this convention can be used as an instrument tO help negotiate a peaceful solution to the land prob­ lems affecting Mayan communities. The fact that the document is being translated and widely distributed among Indigenous communities, enabling them to participate in its implementation, is encouraging.

As always we at SAIIC are watching the changes taking place on the international scene. We see advances and setbacks, positive steps forward and continued injustices. ILO Convention 169 is an international response to Indigenous demands. Whether governments which ratify it will follow through with its full implementation remains to be seen. States need to acknowledge that, by ratifying this Convention, they promise to guarantee these rights as minimum standards.

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The first International Seminar of Indigenous Indigenous people. Some of these demands include: 1) That Peoples of Brazil, Venezuela and Guyana Indigenous peoples be respected as culturally distinct ethnic peoples with rights to self-determination and the right to define our own projects for our present and future life, 3) that the con­ regional seminar of Indigenous people from the border struction of military bases on Indigenous territory be stopped, areas of Guyana, Brazil and Venezuela took place from 5) that the government support projects developed by August 2 7 through August 30. The seminar was held by Indigenous peoples, such as Indigenous education, Indigenous Conselho Indigena de Roraima (CIR), in conjunction with the health, radio communications, transport and economic activi­ Consejo Nacional Indio de Venezuela (CONIVE) and the ties, 7) that the funding for large projects in our countries that Amerindian Peoples Association (APA) of Guyana in the Boa depend on international financing only be freed after Vista region of the northern Brazilian state of Roraima. Industry, Indigenous approval, 8) that a moratorium be called on new government and NGO representatives attended the seminar, mining concessions until national laws be reviewed and the along with about eighty Indigenous leaders. The Indigenous impact on Indigenous rights and biodiversity be determined. representatives from the three countries met to discuss some of the regional development projects that are taking place in their territories. They call for legal guarantees for and removal of For further information please contact: David invaders from their lands, and demand that environmental Rothchild,Coalition for Amazonian Peoples and their impact studies be completed before the governments proceed Environment, email: [email protected], tel: 202-637-9718; with large-scale infrastructure projects, including: the Steve Schwartzman, Environmental Defense Fund, tel: 202-387- Georgetown-Boa Vista Road, the Guri transmission line, BR- 3500; jose Adalberto Silva Macuxi, CIR, tel:55-95-224-5761; Jose 174, and mining in all three countries. Poyo, CONIVE, tel: 83-551095;]ean La Rose, APA, tel:592-2-70275

The tropical forests and highland savanna areas around the Brazil-Guyana-Venezuela border region is home to 35,000 Indigenous people. The area, rich in mineral and forest Brazil-Charges Reduced for resources, includes crucial upper watersheds of the three major Brutal Burning of Pataxo leader river systems of , namely the Orinoco, the Amazon and the Essequibo. o the outrage of Indian Rights groups, Federal judge Brazil and Venezuela plan to build a 685 km power line from Sandra de Santis Mello has reduced the charges against the Guri hydroelectric on Venezuela's Caroni river to supply the youths who burned an Indigenous leader in Brasilia electricity to Boa Vista and Roraima state in Brazil. The power last spring. On the evening of April20, five upper-class teens set line would cut through three Indigenous areas in Brazil and Galdino jesus dos Santos on fire, as the forty-four year old most of the Venezuelan right-of-way runs over Indigenous terri­ leader of the Pataxo tribe slept on a bus stop bench. Public out­ tory, as well as Canaima National Park (a World Heritage Site). cry followed the attack, and local officials called for an official three day mourning period and strict punishment for the The Venezuelan delegation made a public declaration of youths. Four of the teens confessed to intentional homicide, and their continued campaign to get the Venezuelan government to the fifth, a minor, was sent to a juvenile correction facility bring their national laws with respect to Indigenous people in However, in a recent ruling the judge has reduced the charges line with international standards. CONVIVE demanded a against the young men, claiming that they did not intentionally change in Venezuela's archaic laws with regard to Indigenous murder their victim. Where the homicide charge has a maxi­ peoples and focused on their opposition to the Guri transmis­ mum 30-year sentence, the charge of committing bodily harm sion line. CIR is calling for the guarantee of Indigenous land resulting in death carries a 4 to 12 year sentence. Along with the rights and environmental protection before building the Guri lesser charge, judge Mello ruled against the prosecution's claim transmission line. that dos Santos was unable to defend himself. These recent deci­ sions meant that the youths are now eligible for bail. In Guyana, the Amerindians are demanding that outstand­ ing land rights issues, both in general and in relation to the road During the week of August 21, Galdino's family staged a improvements being done between Boa Vista and Georgetown, protest against judge Mello's recent ruling. The family and sup­ be addressed before the government continues. Many porters of the Pataxo made clear that they will continue fighting Indigenous communities in Guyana are without legal rights to to ensure that the assassins of Galdino get the maximum penal­ their territories. The Indigenous people in Guyana are also con­ ty In Brasilia, the Pataxo were granted an audience with presi­ stantly under threat of losing their lands to logging and mining dent Cardosa and with the chief justice of the Supreme Federal projects in the area. There is a high rate of uncontrolled mining Court, Celso de Mello. Both officials claimed lhat they could not and logging on their lands, and the Indigenous communities are interfere in the decision, but that they sympathized with them not consulted or even notified when these concessions are in their pain. The Pataxo Ha-ha-hae took advantage of the audi­ granted by the government. ences to request that the authorities recognize their right to the Caramuru-Paraguassu Indigenous Area (located in the munici­ pality of Pau Brasil, state of Bahia,) the issue that brought After the seminar a list of twelve demands was drafted by the Galdino to Brasilia. The 53-thousand-hectare area in question

4 Abya Yala News IN BRIEF was demarcated but is full of invaders. An appeal requesting the Chorti people that was quickly rejected by the government that all possession deeds held by the invaders be annulled has negotiators. been circulating in the judicial process of the Supreme Federal Court since 1982. The Pataxo delegates also asked president Cardoso to ratify ILO Convention 169, to speed up the voting On August 14, while the negotiations were going on, the on the Charter of Indigenous Peoples, referred to the National Indigenous groups on hunger strike in front of the National Congress for approval in 1994, and the revocation of decree Congress Building were visited by seven armed gunmen. These 1,775/96. men, reportedly members of Honduran security forces, entered the area as plain-clothed civilians. Two were disarmed by the Several human rights groups, environmental and Indigenous protesters causing the other five to flee. organizations, together forming the Galdino Commission, launched a manifesto and a proposal for a signed petition to After eight hours of deliberations on the 15th of August, an gather signatures in support of the Pataxo and against the deci­ agreement was supposedly reached between the government sion of Judge Mello. The document calls on all persons who and Indigenous leaders. This agreement included a government sympathize with the Indigenous cause to express their indigna­ promise to turn over about 2,000 acres of land to the Chorti tion at the decision, which it describes as "a serious threat to communities by August 19. The next day, however, it was dis­ justice, as it can trivialize impunity, discredit the court system in covered that 400 manzanas of land promised by the govern­ our country and serve as an incentive to criminal acts." The ment will not be turned over by this date. The land, which is signed petitions will be delivered to Judge Sandra de Santis currently owned by the Municipality of the Copan Ruins argued Mello and to the Chief Justice of the Supreme Court of the that the National Government is not offering them a fair com­ Federal District and Territories, Carlos Augusto Machado de pensation for the land and filed a claim which delays the turn Farias. over of the land indefinitely

Information from: Cimi-Porantim, Noticias Aliadas Nevertheless, while Indigenous leaders are meeting to deter­ mine what steps to take, the national and international media have reported that the crisis is over and that the hunger strike ended with the Indigenous people satisfied with the results of Hunger Strike in Honduras: the negotiations. The crisis has only moved into a different stage. By August 20, the last of the protesters and hunger strik­ Indigenous Demands Continue Unrecognized ers withdrew from their vigil after the government turned over 914 manzanas (1,000+ acres) to the Maya Chorti people. This represents 10% of the land promised in the May Accord, but it ndigenous groups in Honduras returned to the capital of was enough for CONPAH to decide that the rest will have to Tegucigalpa July 18 to renew their protests against the gov­ come later. Indigenous leaders decided to withdraw upon ernment. This was the start of an extended hunger strike in reviewing what was gained, together with an evaluation of the response to the government's neglect of the agreements made health of the hunger strikers. with the Indigenous people on May ll of this year. Although the spotlight has fallen off the situation, the The three main demands of the native people of Honduras Honduran government must comply with the May Accord were: access to traditional lands belonging to the Chortis in the which includes: l) land titles for more than 8,000 hectares for regions of Copan and Ocotepeque, reduction of the level of vio­ the Chorti; 2) Investigating and bringing to justice the murder­ lence and political repression in their communities and the ers of Candido Amador and Ovidio Perez, including an internal installation of the accords ratified in ILO Convention 169, investigation into possible involvement by the armed forces; 3) which demand the return of Indigenous lands and respect for Food for work; education, health and housing assistance and Indigenous cultures. Despite the detailed negotiations in May, technical support for agricultural projects; 4) a Legislative ini­ the Honduran government has failed to uphold their part of the tiative on Indigenous issues; 5) and human rights protection for agreement. The politically motivated assassinations of Chortis' the Indigenous people, including a general disarmament of leaders Candido Amador and Ovidio Perez have not been inves­ individuals with heavy weapons. tigated, although that was part of the agreement made by the government in May Information from: Amnesty International and CONPAH. The renewed negotiation process that began this July is at a standstill. The Honduran government asked the Indian leaders For more information please contact: International Solidarity to form a team of lawyers to help the Indigenous people under­ Coordinator Laura Harms [email protected] stand the laws related to land issues. The Confederation of Indigenous Groups in Honduras (CONPAH) put together a team of lawyers who determined that the government was using old agrarian reform laws as a framework for negotiating. These laws, however, do not recognize the special status of Indigenous people. The team of lawyus presented an expropriation law for

Vol. 10 No.4 5 K. Roy ILO CONVENTION ------1 6 9

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ILO began a process of revision of the Convention No. 169 is a comprehen­ ne of the fundamental pillars Convention: "Perhaps the main reason sive legal instrument and identifies the of the ILO is its standards-set- why it was felt necessary to revise this different components inherent in defin­ Convention was the fact that, after 30 ing a specific relationship between a state ting activities. Since its cre­ years of existence, it was becoming clear and its Indigenous and Tribal peoples ation, the ILO has adopted over 360 that the indigenous populations were which is based on mutual respect for one anxious for its integrationist approach - another's differences. It highlights the Conventions and recommendations with all this term's connotations of assim­ need for special measures to enable these which deal with a wide range of issues ilation - to be reconsidered." peoples, among the most disadvantaged After two years of intense discussion of the national population, to achieve a including working conditions, maternity and dialogue, the Indigenous and Tribal standard of living which is equal to that protection, discrimination, freedom of Peoples Convention, 1989 (No. 169) was of other citizens, and which is also cul­ association, social security, minimum adopted in june 1989. With the ratifica­ turally appropriate to their specific needs tions of Norway Qune 1990) and Mexico and concerns. wages etc. International labor standards (September 1990), Convention No. 169 are fundamental to the work of the ILO entered into force in September of an ILO 1991. As of june Convention - which is volun­ and provide the guidelines for its techni­ 1997, it tary - signals the beginning of a cal assistance programs, policy advisory has been process of dialogue and coop­ ratified by eration between the services, training, research and publish­ ten coun­ Government and the supervi- ing activities. tries, and is sory machinery for the pur­ under con­ pose of ensuring that nation­ While all its Conventions apply to sideration in al law and practice is in con­ Indigenous and Tribal Peoples, the ILO a number of formity with the relevant has also adopted the only two interna­ others includ­ international legal standard. tional instruments which deal exclusively ing Brazil, Under Article 22 of the ILO with Indigenous and Tribal peoples: The Chile, Constitution, a State is Indigenous and Tribal Populations Ecuador, The required to submit period- Convention, 1957 (No. 107) and its suc­ Nether lands, ic reports to the ILO's cessor the Indigenous and Tribal Peoples The Philippines supervisory bodies con­ Convention, 1989 (No. 169). and Venezuela. cerning the implementa­ However, the tion of all ratified Convention No. 107 was adopted in impact of Conventions. The regu­ 19 57 when the ILO was administering Convention No. lar reporting period for the Andean Indian Program, aimed at 169 in terms of Conventions Nos. 107 improving the living and working condi­ policy formula­ and 169 is every five tions of the Indigenous peoples of the tion has been far years, but the region. Convention No. 107 was greater than the Committee of Experts ratified by 27 countries. However, with number of ratifica­ may request reports at time and the growing awareness of the tions, and it has more frequent inter­ distinct identity of Indigenous and Tribal served as a model vals if it deems the sit- peoples, the relevance and indeed the for the operational uation warrants clos­ appropriateness of Convention No. 107 guidelines for inter­ er examination. In came to be increasingly questioned. The national financial addition to reports institutions, e.g. the on the application of Chandra K. Roy is an Indigenous lawyer World Bank and the ratified Conventions, from the Chittagong Hills Tracts of Asian Development under Article 19 of the ILO Constitution, Bangladesh. She has worked extensively in Bank (in process) as well as to orient the the Governing Body may request reports the field of Indigenous rights and has recent­ development assistance policies for some from each ILO member State on "the ly completed an analytical study on the land governments with no Indigenous and position of its law and practice in regard rights of Indigenous ]ummas of the tribal peoples in their countries, e.g. to the matters dealt with in the (unrati­ Chittagong Hills Tracts. Ms. Roy is current­ Germany The Agreement establishing the fied) Convention or Recommendation. ly working at the ILO on a project aimed at Fund for the Development of Indigenous Member states are required to indicate promoting ILO policy on Indigenous and Peoples of and the "the difficulties which prevent or delay tribal peoples within the framework of ILO Caribbean Quly 1992) also refers to the the ratification of such Convention." As standards. Convention. of 1996, States which have not ratified Continue on page 8 Vol. 10 No.4 1 ILO CoNVENTION 1 6 9

the fundamental Conventions- freedom The Committee also stressed that " .. .it of Costa Rica and Paraguay It requested of association and collective bargaining, is bound to deplore the fact that the inva­ further information from the forced labor, discrimination and mini­ sion of Indigenous lands, and particular­ Government of Costa Rica on a number mum age- are required to submit reports ly the lands of the Yanomami, continues of issues including measures to secure at four yearly intervals on obstacles to rat­ year after year, with the serious conse­ full enjoyment of human rights and fun­ ification. quences that such invasions have on the damental freedoms; effective protection health and survival of these peoples." In of Indigenous lands and removal on non­ The Committee of Experts on the addition, the Committee expressed its Indigenous persons; mechanisms for con­ Application of Conventions and concern for the alarming health condi­ sultation with the Indigenous peoples Recommendations is the central body in tions of the Yanomami population warn­ when resources pertaining to reservations the supervision of international labor ing that if the trend continues, ".... the are exploited by the State, and when con­ standards. It is com- Yanomami population cessions are granted to private individu­ posed of 20 indepen­ is inexorably heading als; prior impact assessment studies; dent jurists from all for extinction." health policies and bilingual and bicul­ over the world with tural education programs. With regard to practical experience in Mexico (Convention Paraguay the Committee requested fur­ different legal, econom­ No. 169): The ther information on various issues ic and social systems. Committee comment­ including development projects; mecha­ The Committee of ed in 1997 on the nisms for consultations with Indigenous Experts meets once a nationwide process of peoples; the relationship between the year in Geneva to consultation on the Paraguayan Indigenous Institute and reli­ examine the implemen­ rights and participa­ gious entities; any prior impact assess­ tation of ILO standards tion of Indigenous ment studies; land rights including titling and publishes its find­ peoples which had and transfers, illegal settlers and restora­ ings in an annual resulted in some 9,000 tion of lands of the "Fortuna" communi­ report. proposals for reforms ty of the relevant consti­ Indigenous and Tribal Peoples can In its 1997 report tutional and legal participate in the ILO supervisory process on the application of framework including in a number of ways including through Conventions Nos. 107 the recommendation its tripartite structure of governments, and 169, the to bring the national employers and workers including Committee of Experts legislation into confor­ through an international trade union or examined the situation mity with Convention employers' organization. Any workers' or in a number of Latin No. 169. In addition it employers' organization - including those American countries of raised the issue of made up of Indigenous and tribal peoples which the following are working conditions - may send information to the ILO com­ excerpts from the including recruitment menting on the application of a ratified Observations published of Indigenous workers convention, and the Committee of in the annual report: by "enganche" (a form Experts and the Conference Committee of coercive recruit­ have emphasized the value of such com­ Brazil (Convention ment), non-payment ments in assessing the effective applica­ No. 107): The situation of wages, denial of the tion of the relevant convention. As men­ of the Indigenous com­ right to organize, an tioned earlier, employers' and workers' munities in Brazil was discussed with the absence of adequate labor inspection and organizations participate actively in the Government during the 1996 session of the construction of a hydroelectric dam supervision of ILO standards, and the the International Labor Conference's in Oaxaca. The Committee recommend­ Committee of Experts has received com­ Committee on the Application of ed the Government seek ".. the technical munications from a number of workers' Standards. In its 1997 report, the assistance of the International Labor organizations regarding non-compliance Committee of Experts commented on the Office to reinforce the protection of the with the provisions of Convention Nos. following problems: invasion by rights of Indigenous workers." 107 and 169, e.g. Brazil, Colombia, "garimpeiros" (gold miners), the adoption Mexico and . Indigenous and tribal of Decree No. 1775/96 and resulting The Committee of Experts supple­ peoples themselves may also send infor­ implications on the land demarcation mented these comments by requests for mation to the ILO directly, and the process, insufficient resource-allocation further information which were sent Committee of Experts can use this infor­ to FUNAI (the National Indian directly to the Governments. mation if it contains verifiable informa­ Foundation), the judicial process of the tion such as laws, regulations or other july 1993 Haximu massacre, displacement The Committee also examined the official documents e.g. land titles.* and hydroelectric projects, and Indigenous first reports on the application of children working under exploitative con­ Convention No. 169, both in law and in In an innovative approach, the ditions on sugar plantations. practice, submitted by the Governments Norwegian Government has implement­ I',. Continue on page 9 I Abya Yala News ILO CONVENTION 1 6 9 ed a suggestion in the Report Form (Point VIII) on Convention No. 169 that "the government may find it helpful to consult h i organizations of Indigenous and tribal peoples in the country, through their tra­ ditional institutions where they exist, on the measures taken to give effect to the present Convention, and in preparing n order to ensure better implementation of its standards, the ILO reports on its application." The Sameting, has a number of technical cooperation projects specifically aimed Sami Parliament, was formed in I 989 at Indigenous and Tribal peoples. These include: with 39 representatives elected by Samis I across the country. Although the Sameting is principally an advisory body, the Norwegian parliament has decided (1) Project on the Promotion of the Rights of Indigenous and Tribal that the decision-making power of the Peoples (1996-98): This is a two-year technical cooperation project Sami Parliament should be developed aimed at promoting the rights of Indigenous and Tribal peoples progressively. The Sameting has the power to take initiatives on any issue and within the framework of relevant ILO standards, in particular to raise any questions that it considers to Convention No. 169. The project is managed by Ms. Chandra Roy, a be of relevance to the Sami people. In Jumma from the Chittagong Hill Tracts, Bangladesh and Ms. addition, all local, national and regional authorities must consult the Sami Henrietta Rasmussen, an Inuit from Greenland. It focuses on increas­ Parliament before taking any decision ing awareness of the ILO's work in the field of Indigenous and Tribal which may affect the Sami people. peoples' rights, and on strengthening the capacity of these peoples to more effectively promote their rights within the context of ILO The Government of Norway sends its reports on the application of Convention standards. The project has provided support to micro-level activities 169 to the Sami Parliament for its com­ in Costa Rica (a radio program on Indigenous rights) and in Bolivia ments before submitting both the (a publication on relevant Indigenous legislation). Government's report and the Sami Parliament's comments to the ILO. This is on the basis of an agreement entered into between the Norwegian Government and (2) The Inter-regional Program to Support Self-Reliance of the Sami Parliament (Sameting), to Indigenous and Tribal Communities through Cooperatives and other ensure that the opinion of the Sami Self-Help Organizations (INDISCO): This program was initiated in Parliament is included in the formal reporting procedure under Convention 1993 under the ILO/Danish International Development Agency No. 169. Both the report of the (DANIDA) program for cooperative development in rural areas. Its Norwegian Government and that of the principal aim is to strengthen the efforts of Indigenous and Tribal Sami Parliament are sent to the ILO as one report on the application of peoples to achieve self-reliance, and INDISCO has a number of pilot Convention No. 169 in Norway. projects in India, The Philippines and in Central America - Costa Rica (Bri-Bri), El Salvador (Lenka), Honduras (Miskito), Nicaragua (Miskito The ILO is also engaged in an open dialogue with the Sami Parliament, at the and Arnica) and Panama request of the Norwegian Government, thereby enabling the Sami people to take an active part in the supervision of * This represents the view of the ILO, and For further information please contact: Convention No. 169. At the moment, this SAIIC feels that it is important to recall the Project on Promotion of ILO Policy on is the only example that exists of such fact that Indigenous peoples have a relative­ Indigenous and Tribal Peoples, Equality and partnership between Indigenous bodies ly limited access to the ILO procedures. Human Rights Coordination Branch, and governments, and this cooperation Unlike the drafting of the United Nations Standards Department, International Labor not only facilitates the implementation of Declaration on the Rights of Indigenous Office, 4 Route des Morillons, CH 1211 this treaty but also encourages the Peoples where Indigenous representatives Geneva-22, Switzerland. advancement of Indigenous and tribal were free to make suggestions and comments rights worldwide. The ILO Committee of to the draft, the ILO-tripartite structure does Experts is urging other countries to adopt not grant Indigenous organizations a repre­ this kind of approach. ~ sentative status. They can only be accredited as visitors or officially recognized NGO's.

Vol. 10 No.4 9 I l 0

~ I

Gerard Schulting

The controversy surrounding this Convention continues to demand closer inspection. It is therefore necessary to analyze to what extent the Indigenous aspirations are reflected in Convention 169. It was not possible to reprint the document in its entirety in Abya Yala News due to space constraints nor is it possible to examine each article of the convention. There are however, a few ele­ ments of the Convention that need spe­ cial attention.

The peoples question Bask Principles of Convention No. 169 (Article 14); the rights to natural One of the biggest bones of con­ resources including the right to partici­ tention was the inclusion of the term Convention No. 169 emphasizes the pate in the use, management and conser­ "peoples." Convention No.l07 of 1957 shift in the conceptual approach to vation of such resources (Article 15); dis­ used the term "populations" and Indigenous and tribal peoples towards placement (Article 16); land alienation Indigenous rights organizations were one based on respect for their specific (Article 17); unauthorized intrusions pressing to replace "populations" by identity "... and their right to participate (Article 18); agrarian programs (Article "peoples," to reflect the fact that these in the decision-making process in all 19); recruitment and conditions of Indigenous cultures are organized soci­ questions and programs directly affecting employment (Article 20); vocational eties with thdr own distinct identity. them, that is to say, to participate in the training, handicrafts and rural industries However, most governments were not making of decisions and the determina­ (Articles 2l to 23); social security and willing to accept peoples because of the tion of their own destiny." The health (Articles 24 and 25); education implication it would have under interna­ Convention has 32 operative articles and (Articles 26 to 31) and cross-border co­ tional law. Important international is based on two fundamental concepts: operation (Article 32). treaties like the International Covenant consultation and participation. It is on Civil and Political Rights (1966) refer premised on the belief that Indigenous Eight years after the adoption of to the right of self-determination, by stat­ and tribal peoples should have the right Convention 169 concerning Indigenous ing that "all peoples have the right of self­ to be consulted when legislative and and Tribal Peoples by the International determination. By virtue of that right they administrative measures which may affect Labor Organization (ILO), the flames of freely determine their political status and them are being considered; that they controversy smolder on. The Convention freely pursue their economic, social and should have the right to participate at all has been criticized for not fully embody­ cultural development." Most govern­ levels of decision-making concerning ing the Indigenous point of view. There ments fear that granting the right of self­ them; and that they should have the right are even those who imply that the word­ determination to these "peoples" will to decide their own development priori­ ing of the document is a direct affront to allow them the right to succeed under ties. In addition there is a requirement for the rights of Indigenous peoples. Directly international law. By not recognizing prior impact assessment studies to assess after the adoption of Convention 169 by Indigenous peoples as such, they will not the social, spiritual, cultural and environ­ the ILO, the Indigenous Peoples be able to invoke these international mental implications of any planned Preparatory Meeting in Geneva produced treaties and declarations that discuss the development activities on these peoples a resolution rejecting Convention 169 right to self-determination that all peo­ (Article 7). and asking governments not to ratify it. ples have. In this regard, Convention 169 Yet despite its arguable shortcomings, reflects the governments' point of view. The Convention addresses issues of most Indigenous leaders and organiza­ Therefore, after much debate it was vital importance to Indigenous and tribal tions see the Convention as an important decided that the "use of the term 'peoples' peoples including the rights of ownership step towards an improvement of their in this Convention shall not be construed and possession over the lands they tradi­ human rights situation and are eager for as having any implications as regards the tionally occupy, or have had access to governments to ratify it. rights which may attach to the term Continue on page 11 10 Abya Ya\a News CONVENTION 1 6 9 under international law" (Article 1). government to "consult the peoples con­ feet tense appears to be an attempt to Qualifying the term peoples means dis­ cerned, through appropriate procedures avoid recognition of these rights based on criminating between non Indigenous and in particular through their represen­ past "occupation." peoples as recognized by international tative institutions, whenever considera­ law and Indigenous peoples who are tion is being given to legislative or admin­ Article 15 is a recognition of the gov­ denied the right of self-determination. In istrative measures which may affect them ernments' point of view that the state will this aspect, the qualification contradicts directly" This article goes on to state that always have the last word on the natural article 35 of the Convention, which states the "consultations carried out in applica­ resources. With its claim that the rights of that "the application of the provisions of tion of this Convention shall be under­ Indigenous peoples to the natural this Convention shall not adversely affect taken, in good faith and in a form appro­ resources pertaining to their lands shall rights and benefits of the peoples con­ priate to the circumstances, with be "specially safeguarded, cerned pursuant to other Conventions the objective of achieving including the right of these and Recommendations, international agreement or consent to the peoples to participate in instruments, treaties, or national laws." proposed measures." the use, management Article 7 is equally as and conservation of vague with its reference these resources", this Consent or control? to Indigenous peoples article seems to con­ a right to "participate in ~ :! tradict article 14. If One of the main objections to the formulation, imple- 0 Indigenous peoples 0 Convention 107 was its integrationist mentation and evaluation ., ~ already own and pos­ approach; it was assumed that of plans and programs for + sess their lands (art. 14), 0 Indigenous societies were dissolving and national and regional devel- .1> how can they be given the Indigenous people would eventually opment which may affect them right to participate in the use, assimilate into the national society directly" management and conservation of Therefore, the concept of assimilation the resources (art.15)? This can only be was to be replaced by terms that reflect It should be noted that Indigenous the case when the state retains the sover­ the vision that Indigenous peoples and Tribal peoples do not have the right eignty over all the natural resources, no deserve the right of veto over development policies. Many matter if these resources pertain to IT SHOULD BE to survive, indeed Indigenous representatives feel that their Indigenous lands or not. Because access NOTED THAT to thrive. To lack of veto power allows governments to subsurface resources normally requires ensure a high too much freedom to do as they please. the purchase or lease of the surface area INDIGENOUS AND degree of recogni- According to these two articles, it is the above and Indigenous peoples are often TRIBAL PEOPLES tion of Indigenous responsibility of the government to create prohibited from owning land or do not DO NOT HAVE peoples' rights, the atmosphere which allows Indigenous have official land titles, the Indigenous the inclusion of people to contribute their ideas. The gov­ representatives suggested to the ILO that RIGHT OF the term consent ernment must inform Indigenous peoples they be granted control over the subsur­ VETO OVER and control in the about proposed projects by providing faces to alleviate problems in the future. DEVELOPMENT new Convention them with the relevant information. This proposal was met with fierce opposi­ was advocated. tion by many governments and employer POLICIES. Most governments representatives. INDIGENOUS and employers debate around REPRESENTATIVES representatives lands and resources opted for the Evaluation FEEl THAT THEIR terms: participa­ From the Indigenous point of view LACK OF VETO tion and consulta­ the term territories should be used to From the Indigenous perspective, the tion instead, con­ cover all lands and resources belonging to heavy use of qualifications throughout POWER AllOWS cepts that still Indigenous peoples. Hard-line govern­ Convention 169 has made it a lot weaker. GOVERNMENTS assume outside ment representatives were not willing to The best example of this practice, which TOO MUCH initiatives coming accept this, since this would affect the is very common in international law, is from the govern­ national integrity of the state. Article l3 Article 16 which deals with the issue of FREEDOM TO DO ment and not uses the compromise "the lands or terri­ relocation and is riddled with qualifica­ AS THEY PLEASE. from Indigenous tories, or both as applicable." Article 14 is tions. Where relocation of Indigenous peoples them- crucial because it deals with "the rights of peoples is necessary, this shall only take selves. Consultation and participation ownership and possession of the peoples place with Indigenous consent. Where prevail throughout the Convention. The concerned over the lands which they tra­ this is not possible, appropriate proce­ problem remains over how consultation ditionally occupy" Apart from the fact dures, including public inquiries, where and participation should be interpreted. that occupy seems more suitable to be appropriate, must be undertaken. An example of this wording appears in used in relation to invasions in times of Whenever possible, the peoples shall Articles 6 and 7, two central policies of war than when referring to Indigenous return to their lands, if such a return is the Convention. Article~ 6 requires the peoples, the use of this term in the imper- not possible, they shall be provided with Continue on page 31 Vol. 10 No.4 11 j I l 0 CONVENTION 1 6 9

Thoughts

Nanhnu from Hidalgo, Mexico, Margarita Gutierrez is an influential activist involved in organizing the Indigenous people in the Autonomous regions of Mexico. She is the Coordinator of the Women's Assembly of ANIPA and mem­ ber of the National Indigenous Congress Forum following the San Andres Accord between the EZLN and the government of Mexico. While visiting the Bay Area this summer, Margarita shared her thoughts on the International Labor Organization's Convention 169 on Indigenous and Tribal peoples and its ramifications for Indigenous peoples in Mexico.

How can Convention 169 be a necessary or useful tool to We think that their silence is a smoke screen to hide the fact make the proposal of Indigenous autonomy in Mexico a that the government signs agreements without being fully aware reality? of their implications.

Convention 169 has been a tool for Indigenous peoples in I am convinced that President Carlos Salinas de Gortari Mexico since its ratification, because it contains the rights that knew what he was doing. He must have understood the magni­ we want to integrate into Mexican legislation. The convention tude of this Convention, because one or two years after its rati­ has been an important instrument, not only at the grassroots fication came the reformation, or should I say counter-reforma­ level, but also for the leadership of the Indigenous communities tion, of article 2 7 pertaining to Indigenous lands and natural to demand our rights at the negotiating table. We used the resources. The functionaries responsible for issues relating to Convention when Salinas de Gortari was president to suspend a Indigenous people such as environmental, land, and resource resolution that would have brought a dam into the management, don't acknowledge the Convention, Nahuatl territories of the Alto Balzas. This was an WE THINK THAT which is very convenient. important experience on a national level for the THEIR SILENCE IS Indigenous movement. During the peace agreement A SMOI{E SCREEN We hope to use this instrument to provide a legal of San Cristobal de Las Casas in San Andres de TO HIDE THE FACT precedent for the affirmation of our rights. It serves Lamhnzar in I994, this Convention proved to be. an as a declaration of what the government's obliga­ important instrument for reaching a consensus with THAT THE tions towards Indigenous people are and what they the federal government. This is the judicial prece­ GOVERNMENT have failed to do. By ratifying this Convention, the dent that can lead to constitutional legislation. government of Mexico promised to ensure that the SIGNS AGREE- national laws regarding Indigenous peoples are in Although there are significant limitations, MENTS WITHOUT harmony with the Convention. As an international Convention 169 includes many important issues, in BEING FUllY accord, it is a supreme law of our country, according regards to Indigenous rights, that haven't even been to article 133 and 134 of the Mexican constitution. addressed by our own countries. I have had dia­ AWARE OF THEIR We recognize, that if it is a supreme law of the land, logues with fellow women, government representa­ IMPLICATIONS. it ought to have a means to insure proper imple­ tives, who claim (although I have trouble believing mentation. Article 33 of the convention states that it) total ignorance of Convention 169 and all the other interna­ the government is responsible for ensuring that the measures tional judicial laws that the government had signed and ratified. discussed in the document will be fulfilled. The Indigenous Although it is possible, with the attitude that our government movement proposes reforms, like Article four, that recognize the has, that it has not acknowledged the Convention that it has pluri-culturality of Mexico and the rights of the Indigenous peo­ signed and continues to use silence as a means to ignore such ple to their own social organization and maintenance of tradi­ treaties. We are very skeptical. tional languages. Although we welcome the advances of Article four, we realize that it does not provide for any political rights . .! Continue on page 13 12 Abya Ya\a News ------

llO CONVENTION 1 6 9

We demand full participation in the public realm as well the cul­ We also need to address the fact that these are pluri-cultur­ tural. In the dialogues we are demanding recognition of our al lands. We are sharing these territories with , political and territorial rights, and here is where the conflict Caucasians, and other Indigenous peoples. This creates many begins. As of this moment, there has been no resolution to this problems of discrimination, racism, and undemocratic repre­ problem. Part VII of Article 27, which discusses land and com­ sentation within these regions. Thus we wish to reclaim an equi­ munities is also vague. We are always forced to maneuver with­ librium and be fairly represented. Each Indigenous community in such contradictions. How do we integrate Convention 169, needs to have the ability to develop a unique strategy to address when it has already been made illegal in our nation? their particular situation. There must be a system of government that can respect and address the diversity of cultural, political, The constitution and laws seem proper and just on paper, and ideological structures in these regions. but when applied there are always deceits and contradictions. When the Mexican government realized that they had signed an This is the proposal and the general aspirations of our polit­ agreement granting many concessions to the Indigenous com­ ical project. This is what was signed at San Andres, however the munity, they quickly created the counter reform Article 27, proposals created by the government are AN ANAlYSIS because it was negotiating free trade as well. Indian communi­ very unsatisfactory For example, the gov­ ties, along with the Zapatistas, mobilized to protest these ernment proposed that the community HISTORY counter reforms especially regarding land ownership, in an must be recognized as a public entity, but attempt to mitigate the conflict between Convention 169 and the community already exists and needs no SHOW THAT OUR existing national laws. recognition. This statement resolves noth- GRANDPARENTS ing, it says nothing, it does nothing! Convention 169 is a basis for our demands regarding the HAVE SHED question of autonomy because it articulates our right to self­ What we propose is to restructure these THEIR BlOOD determination, albeit a limited one. It is limited in that it is a territories, the Nafihfiu territory, the right to internal autonomy, only within our lands. The sover­ Zapoteco territory, the Mixteco territory FOR THE INDE- eignty of the Mexican state is another question, one that creates We cannot continue with the current conflicts. We are seeking to have autonomous communities process of continually issuing more politi­ PENDENCE OF within the state of Mexico, based on our historically occupied cal legislation and decrees that simply stag­ MEXICO AND territories such as Yaqui, Nafihfiu or Maya, not complete auton­ nate our efforts in a quagmire of red tape. omy from Mexico. We are in constant conflict with authorities These regions, that the governments calls WE ARE ClAIM­ that do not respect our own rights and institutions. We are extremely poor, are for us lacking only forced to make our case through the local authorities, who are material things. Although we do not have lNG OUR SHARE themselves members of the government. We want to be repre­ many basic services, we are wealthy in nat­ IN NATION sented in the various levels of government within our territories ural resources and ideas. The issue of the and to actually have the self-determination granted to us in poverty in Indigenous regions is real but FOR WHICH Convention 169. We are not seeking secession nor an we question it as another way for the gov­ autonomous reserve within the state. An analysis of history will ernment to sidetrack us from pursuing our THEY show that our grandparents have shed their blood for the inde­ original goals of territorial, political, cultural, and economic pendence of Mexico and we are claiming our share in the nation autonomy We must have an integrated autonomy, what good is for which they died. territorial autonomy if the resources and economy are con­ trolled from outside? According to the constitution we are all seen as equal before the eyes of the law, but this is another contradiction, because we Territorial autonomy is especially complicated because it are treated differently We suffer much injustice and discrimina­ comprise both our homes and our sacred sites such as ruins tion. But we claim our differences, not in being excluded from (archeological sites), burial grounds, and ceremonial centers. basic human and individual rights, but by being able to deter­ This complex issue is not easy to resolve but we have definite mine our own destiny and clear proposals with the legal backing of Convention 169.

Convention 169 has been and continues to be fundamental You recently attended a meeting of the United Nations to our demands. We fight for our rights of self-determination to Working Group in Chile. Could you please tell us a bit be recognized and for the Indigenous languages to be recog­ about what proposals emerged from this first international nized as official languages. We also want respect for our distinct encounter in Chile? cultures, our traditional medicine, and respect for and partici­ pation by women in national society Therefore we are calling Well, the meeting in Chile wasn't specifically focused on for the reform of Article 115 of the Mexican Constitution, which Convention 169, but it was certainly one of the themes. It was deals with giving further autonomy to Indigenous peoples. The a theme of the meeting because of its importance, and because government is not interested in these issues, rather they seek to it has been ratified by so many governments yet ignored. This strengthen the municipal governments. In addition, we are ask­ meeting convened primarily to begin the dialogue on the idea of ing for the recognition of Article three, which deals with creating a permanent forum for Indigenous peoples within the Indigenous languages and articles 73 and 53, which deal with structure of the United Nations. The Working Group was creat­ i autonomy and Indigeno.us peoples. ed for a specific purpose and it has served that purpose well. It i Continue on page 19 Vol. 10 No.4 13 ~ I L O __~C~o~N~V~E~N~T~I~o~~N~~1~6~9 ______

Rica has violated this Act and decreased four reservations n Costa Rica, there exists a long tradition of violating the through decrees. For instance, the Guaymi de Conteburica rights of the Indigneous communities which continues to reservation was established by Decree No. 8514-G and recog­ nized by the Indigenous Act as containing 12,558 hectares. In this day: Like many of its neighbors, the Costa Rican gov­ 1982, Decree No. 13545 reduced the reservation by 648 ernment has repeatedly failed to comply with its own national, hectares. The same kind of illegal acts took place with regard to the Guaymi de Abrojo Montezuma reservation (from 1,517 to as well as international, laws that are in force to protect and pro­ 1,480 hectares), the Guatuso reservation (from 2,994 to 2,743 mote Indigenous cultures. This lack of political implementation hectares), and the Guaymi de Cotobrus reservation (from 8,631 to 7,246 hectares). Not only has the government violated the has led to a rapid disintegration of Indigenous identity and Indigenous Act, but the government reports sent to the ILO, fol­ could lead to the total disappearance of these cultures. lowing the supervisory procedure of Convention 107, claimed that the Guatuso reservation consists of the original 2,994 hectares.

Article 2 of the Indigenous Act says that • the transfer of land from non-Indigenous I s to Indigenous people will be free of charge. CONAl has the obligation to buy back the land to later give it to the • Indigenous communities. However, I I s CONAl has never received the necessary . funding to perform this fundamental task. As a consequence, very little land is • in the hands of Indigenous people. The I ratification in 1993, and subsequent implementation in April 1994, of ILO Convention 169 has given Indigenous communities in Costa Rica a new instru­ ment with which to fight for their rights .

• • ILO Convention 169 I I in Costa Rica It is important to note article 7 of the look at ILO Convention I 6 9 Costa Rican constitution, which declares that international treaties and conven- in Costa ca tions ratified by Costa Rica are of a high­ er authority than national law. This means that Convention 169 is applicable direct­ + by: Gerard Schulting ly and must be recognized within the national legislation of Costa Rica. Despite Costa Rica's respect for international con- In 1973 the National Commission for Indigenous Affairs ventions, the nation seems to be having difficulty practicing (CONAl) was established by the government. The law creating what they preach. The right to consultation as established by this institution covers a wide variety of subjects, ranging from Convention 169 is something that is still in its infancy in Costa general objectives like improving the social, economic and cul­ Rica. An institutionalized consultation procedure does not exist. tural situation to concrete objectives such as the establishment The government claims that the Mesa Nacional Indigena is the of new health centers. This decade also saw the creation of var­ representative Indigenous organ being consulted by the govern­ ious reservations. The most important progress was the adop­ ment. However, the Mesa is neither representative nor an organ. tion of the Indigenous Act (Ley Indigena, No. 6172) in The Mesa was created by the government as a response to November 1977, further regulating Indigenous matters. demands from the Indigenous Fund. In 1992 the Latin Particularly important is article 1 of this Act, which states that American and Iberian government leaders met in Santiago de the established reservations can only by diminished by adopting Chile and established the Indigenous Fund. The objective of an explicit law. Despite this provision, the government of Costa this Fund was to improve the situation of the Indigenous peo­ ples in Latin America by providing technical assistance and Gerard Schulting did an internship at SAIIC, followed by one at funding for various development projects. As a requisite to CODEHUCA, the Central American Human Rights Commission, in receive money from this Fund, there must be a national San jose, Costa Rica, where he did research for this article. Indigenous organization that represents the Indigenous peoples. Continue on page 15 14 Abya Yala News ILO CONVENTION 1 6 9

As there was no such organization in Costa Rica, the govern­ ILO Convention 169. The Mining Act says that the Legislative ment created the Mesa in 1993. No Indigenous leaders seem to Assembly of Costa Rica decides on the granting of exploitation know what the Mesa does, and the people that constitute it can contracts to extract natural resources. There is no distinction in no way be regarded as real representatives of the Indigenous between the reservations and the rest of Costa Rica. Because communities within Costa Rica. This Mesa does not even have there exists no institutionalized and regulated consultation, an office, and it lacks any guiding principals necessary to call it Indigenous peoples have no say whatsoever about the exploita­ an organ. tion of their territories. This is in direct opposition to Article 15 of Convention 169 which guarantees" ... the right of these peo­ It is difficult for the customs and customary laws of ples to participate in the use, management and conservation of Indigenous peoples to be recognized as applicable within the these resources ... " implementation of national law. One only need look at the way that the Indigenous communities are forced to organize to be Health is one of the areas on which the biggest improvement able to advocate their rights. For any Indigenous organization to has been reached. A number of new clinics have been built, be recognized by the government, it has to be formed in accor­ although in most cases doctors are available only one or two dance with the governmental Communal Development days a week. The number of casualties as a consequence of dis­ Associations. The government has set up these Associations on eases is still far higher than among the rest of the Costa Rican every reservation. The rules of these Associations require the population. Severe diarrhea leading to dehydration is the prin­ Indigenous peoples to organize themselves in a way that is for­ cipal cause of death among Indigenous children. Although the eign to them. Organizations that refuse to comply with these situation is improving, it is still very difficult to get the necessary procedures and try to operate independently of the Associations medical attention in remote areas of the country: are not recognized by the government. On the education front, the The most strident problem fac­ situation is twofold. On the ing Indian communities is the one hand quite a few new ele­ rapid encroachment of non­ mentary schools have been Indigenous people on large areas ALAJUELA constructed in the last couple of Indigenous lands. Although the of years. There are only two government recognizes this fact, it high schools on Indigenous has done very little to remedy this 0 territory, and both have been predicament. The Indigenous Act built with the help of foreign contains provisions regarding the cooperation. On the other removal of these non-Indigenous hand, there is hardly any persons. Those persons that were attention being paid to the MATAMBU already situated in areas that later C~ote;e development of bilingual edu­ UJARRAS----"<;---­ were proclaimed reservations shall Cabfllmr cation. In 19 9 5 the be moved and properly compen­ Department for Indigenous sated. Non-Indigenous people that Education (DEI) was created have penetrated the reservations Indigenous by Decree No. 23489. Because after the adoption of the it was created by a Decree and Territories of BORUCA•REVCURRE Indigenous Act have no rights in Brunca not by an explicit law, the next this regard, and can be removed Costa Rica administration has the ability according to the Act. However this to dissolve the Department. has not been enforced and non-Indigenous people continue to This unstable future is reflected in its administration. There is settle in Indigenous territory at an alarming rate. On some reser­ almost no budget directed towards the DEI making it impossi­ vations more than 80% of the territory is in the hands of non­ ble to develop a long-term strategy Without a long-term policy, Indigenous people. In this regard the Costa Rican government the important issues cannot be confronted. For instance, there has failed to implement Article 18 of ILO Convention 169, is no bilingual educational material at the high school level and which states that "Adequate penalties shall be established by law the material for the elementary level is very outdated. There is for unauthorized intrusion upon, or use of, the lands of the peo­ no funding to provide sufficient scholarships for Indigenous ples concerned, and governments shall take measures to present students. Another problem is the lack of Indigenous teachers. It such offenses." is very important that the Indigenous children are taught by Indigenous teachers as they are best able to transmit the tradi­ Indigenous peoples in Costa Rica cannot obtain agricultural tional values and culture. credit because the lands belong to the community and there is no legal formula for providing guarantees on communal prop­ erties. This situation has been recognized by the Supreme Court The Indigenous movement of justice. However nothing has been done to change this. The rise of the Indigenous movement in Costa Rica is a fair­ In examining Indigenous rights in the natural resources ly recent development. The battle, at the end of the 1980's, by issue, we see that Costa Rica again fails to uphold the tenants of the Guaymies to be recognized as Costa Rican citizens and not Continue on page 16 Vol. 10 No.4 15 llO CONVENTION 1 6 9

as foreigners, led to the establishment of a growing number of of land in the hand of Indigenous people continues to be one of Indigenous non-governmental organizations (NGO's). These the most serious problem facing Indian communities. The gov­ organizations have been founded to ameliorate the social and ernment has shown that it is not willing to take real measures to economic crisis within Indigenous communities. They work to protect and promote Indigenous cultures. It is striking to see achieve a greater degree of autonomy and to pressure the gov­ how many Costa Ricans think that within a couple of years there ernment to comply with the national and international legisla­ will be no more puros indigenas and that it is therefore a waist tion. The Indigenous communities in Costa Rica are steadily of time and money trying to avoid this. CONAl is a good exam­ becoming more vocal in protecting their rights, denouncing vio­ ple of the government's failure to developed the necessary mul­ lations and abuses and demanding the recovery of their lands. tisectorial policy to give effective protection. Although accord­ This growing awareness of their own rights has brought with it ing to its constituting treaty CONAl is responsible for all gov­ a new phase in the Indigenous struggle. ernment policy regarding Indigenous peoples, it is in dire need of funding and has been subject to the usual government By the end of 1996 the government had been sued twice in neglect. The first Convention 169 government report sent to the light of its failure to execute the legislation in practice. On the 3 ILO at the end of last year was written without consulting of October, jose Dualok Rojas Ortiz, a Bribri and president of CONAl or the DEI. the cultural association Sejekto (the Voice of the Indian) sued the Costa Rican state for not having complied with its obliga­ However, the Indigenous people in Costa Rica have demon­ tions under the Indigenous Act and the ratification of strated to their own government and the international commu­ Convention 169. The Supreme Court of justice is examining the nity that they are determined to fight for their autonomy, their case. land rights and their rights as peoples. Although it has yet to be

Two and a half months later, four Malekus filed a law suit against the state for violating the Indigenous Act. With help from the NGO Fundaci6n lriria Tsochok (Foundation for the Defense of the Land) an extensive one year research project has been undertaken to collect the necessary geographical and topo­ graphical data. This study has produced a voluminous charge with over two hundred pages of empirical evidence. The indict­ ment concerns the illegal reduction of the Guatuso reservation and demands the restitution of the 250 hectares. Even the little land that was assigned to the Malekus after the reduction is almost completely (90%) in the hands of non-Indigenous per­ sons. The Supreme Court is also investigating this case. Indigenous bank in Suretka, Talamanca, Costa Rica, a project of Sejekto: to provide credit to small farmers. A new legislative initiative thoroughly implemented into public policy and practice in Currently the Legislative Assembly is working on a draft Act Costa Rica, Convention 169 has been an effective tool in that will effectively replace the Indigenous Act and all the increasing Indigenous peoples awareness of their own rights Decrees that have been enacted. This drafting process has been under international law. It has also helped to increase awareness progressive in a couple of ways. In compliance with Convention among non-Indigenous people. This has been proven by a 169, the Indigenous leaders have been consulted, they have had growing jurisprudence in Costa Rica that recognizes the princi­ the opportunity to give their opinion and input on what to ples of Convention 169 as fundamental human rights of include in this draft. The draft committee has also recognized Indigenous peoples. Costa Rica can move beyond the other the need to rename the reservations as territories, since the first Latin American countries that have impressive bodies of laws term implies isolation. The draft is very extensive, contains fifty­ regarding Indigenous peoples merely to appease the interna­ ' I one articles and deals with all the relevant issues. Despite the tional community yet continually fail to abide by their own leg­ i fact that it has been the subject of discussion for the past couple islation. The Costa Rican government must actualize all the arti­ I' of years, it is unfortunately that this draft, with its positive agen­ cles of ILO Convention 169 to prove to the international com­ 1 da, has still not been adopted by the Assembly. Until the Costa munity that it is serious about its commitment to upholding the ! Rican government legally accepts the draft there is no real rights of Indigenous peoples. "'9 change taking place for Indigenous peoples. Critics believe that the government should be focusing on executing the existing Thanks to Jorge Dandier, Jose Dualoh Rojas Ortiz and Ali Garcia. legislation before adopting a new instrument with even more obligations. For more information please contact: Fundacion Iriria Tsochoh, Apdo. Postal555-2100, Costa Rica, tel. (506) 225-5091/ fax. (506) 253-6446 Where to from here? In spite of its progressive legislation, there remains a lot to Asociaci6n Cultural Sejehto de Costa Rica, Apdo. 906-2150 be done in the field of Indigenous rights in Costa Rica. The lack Moravia, San Jose, Costa Rica, tel. & fax. (506) 257-5157

16 Abya Yala News ----='-----=------=---llO CONVENTION 1 6 9

fter the signing of the peace For those in favor, the above state­ sent themselves, instead of the current ment from the Constitution pertaining to policies which have promoted assimila­ accord in Guatemala on the rights and freedom of Indigenous tion and full integration into the national December 29, 1996, the people within the nation, should be rein­ life. forced with the adoption and ratification implementation of these agreements of Convention 169. Convention 169 between the Guatemalan government argues for the implementation, practice, Convention and the negotiations for peace and the Guatemalan National and promotion of the rights of Indigenous people already stated in the Revolutionary Unity (URNG) has been Constitution. The protection of While Guatemala argued against the one of the major concerns of the Mayan Indigenous rights is inherent since "the ratification of Convention 169, other Indigenous and Tribal people must fully countries such as Mexico, Colombia and organizations. During the peace negotia­ enjoy human rights and fundamental lib- Bolivia, among others; ratified the tions, Indigenous organizations in Guatemala recognized that ILO Convention 169 is an important, interna­ • tional legal tool that would contribute to I the promotion of human rights and jus­ tice in Guatemala and urged for its ratifi­ cation.

Unfortunately, the ratification of Convention 169 created a disagreement between those who are in favor or against I it, delaying its ratification by Guatemala. Some who argued against the legal instrument proposed by the ILO claimed that Convention 169 contradicted the Guatemalan National Constitution. Others claimed that it was unnecessary because the Guatemalan Constitution was inclusive and that all Guatemalans were equal and enjoyed the same rights and obligations as members of the • Guatemalan nation-state. Article 66 of I I the Guatemalan Constitution acknowl­ edges that the Guatemalan state is made up of diverse ethnic groups and that "the By Victor D. Montejo, Ph D. state must recognize, respect and pro­ Oakaltek.. Maya) mote the ways of life, customs, traditions, forms of social organization, the use of Indigenous traditional dress, languages and dialects", which together form part of their distinct identity as Indigenous peo­ erties without obstacles and discrimina­ Convention and encouraged other coun­ ples. tion." Due to the insistence of tries to follow their example. For this rea­ Indigenous organizations in Guatemalan son, Guatemala was under strict scrutiny and their international support, the by other international organizations and Guatemalan government realized that it was criticized for not adopting and ratify­ had a need and an obligation to ratify ing the Convention. As the negotiations Victor D. Montejo, Ph. D. is a ]akaltek­ Convention 169. It was this pressure that for a lasting peace between the Maya and an Assistant Professor in the persuaded the Guatemalan government Guatemalan army and the Guatemalan Department of Native American Studies at to ratify the document on june 5, 1996 National Revolutionary Unity (URNG) the University of California, Davis. He is (effective june 5, 1997). It is our hope continued, the different Mayan organiza­ also President of the Maya Educational that, with its implementation, Indigenous tions insisted that Convention 169 must Foundation. people will finally be allowed to repre- be ratified as part of the agreements. It

17 1 6 9 I l 0 CoNVENTION Can Convention 169 help alike, should read and study the was clear that this international, legal Convention carefully so that they may instrument would help the marginalized resolve the land crisis? successfully use it as a tool in the quest for peace and justice for the dispossessed. Indigenous population to assume leader­ The application of Convention 169 in ship in the pursue of their rights and the The land problem continues to be a very Guatemala should now be instrumental delicate issue in Guatemala and currently revival of the Mayan, Garifuna and Xinca in the search for solutions to the land cultures. this predicament is intensifying. problems affect- Campesino and Mayan communities are In 1991, under the government of ing the Mayan now fighting against each other president Jorge Serrano Elias, the differ­ communities. It to protect and rede­ ent Mayan organizations, worker's organi­ should be fine the community zations, governmental institutions, the understood that and the municipality church, the army and CACIF participated Indigenous land boundaries. The in a national consultation to discuss the people have a armed confrontation viability of the implementation and ratifi­ special between two Mayan cation of Convention 169 in Guatemala. '"quasi-reli­ communities in Solola In 1992, the Guatemalan Congress began gious" rela­ and Totonlcapan in a serious analysis and discussion of tionship June, who fought Convention 169 and its compatibility with the against each other with with the Constitution. The Latin 1 a n d . machetes to defend American signatories of the Convention Without their land boundaries, petitioned the Guatemalan Congress to access to land, is an example of the ratify Convention 169 in 1993. The it will be current situation. To debate concerning the implementation of extremely dif­ avoid these conflicts, the Convention continued and became a ficult for the Congress must use highly contested issue for the different Mayan peo­ Convention 169 to political parties. The ILO Convention ple to main­ legislate attending 169 was finally ratified by Guatemala on tain their ways the petitions of the June 5, 1996. It is considered an instru­ of life and their lndigenous commu­ ment that can help to ensure the imple­ legacy of nities and must rec­ mentation of the peace agreements (now respect and con­ ognize their tradi­ pending after the signing of the peace cern for nature tional, communal and humanity. accords.) practices of land Currently, and as tenure. Land rights With the ratification of Convention a result of the will undoubtedly be peace agreement "without 169, several issues became apparent. It is the source of con­ justice" not sufficient simply to recognize that achieved between flicts in Guatemala the Guatemalan govern- Indigenous people have been marginal­ and throughout Latin ment and the URN G, ized and limited in their access to America in the com­ chaos surrounds the resources, or that they have been denied ing century. land issue. It is unfor­ the full expression of their individual and collective rights as traditional communi­ tunate that some Indigenous and peasant ties with a millennial history and culture. An instrument Nor is it enough to say that Guatemala is organizations are pro­ to support moting the invasion of a multilingual and a pluricultural nation­ and implement fincas (farms) without state, if we are not making the constitu­ regard for the current the peace tional laws functional. Guatemala must agreements comply with its laws permitting negotiations on land reform. The power of negotiations Indigenous people to express themselves The ratification and full implementa­ and dialogue must be respected in this freely and to practice their ways of life tion of Convention 169 is fundamental in case, in order to avoid the continuity of without restrictions, limitations or obsta­ carrying out the peace agreements, par­ violence and tension in all levels of cles. The Indigenous communities are ticularly the accord on "Indigenous Guatemalan political life. hoping that Convention 169, as a legal Rights and Identity." The importance of instrument, will ensure their right to self­ this document rests on the idea that Convention 169 must be used as a Indigenous people should be consulted determination and autonomy. In tool to negotiate a peaceful solution to the about, and participate in the develop­ Guatemala, there is an urgent need to land problem, and not be used as a ment of, policies and programs that con­ enforce the legislation that considers the weapon to allow confrontation and inva­ and contribution of each cern our lives and the organization of our uniqueness sion by force. The Guatemalan popula­ Indigenous community, including their tion, Mayan and non-Mayan peasants communities. customary law.

Abya Yala News 18 ~~~~~~~~~~~~~~L~O~~C~o~N_V~E~N~T_!~O~N~-1~6___ 9 Continued from page 13 ILO Convention 169 highlights the ment, Guatemala will make a major step has been of great importance, but we are necessity of implementing an educational towards its development as a modern asking for a more permanent and inclu­ system that is inclusive, stemming from nation with a bright future and a true sive space within the UN. There is a pro­ the ideology and epistemology of the commitment to justice. posal in Copenhagen to create just such Indigenous Mayan culture. To encourage an organization. Thus what we discussed the creation of a true multilingual state, With the ratification of Convention in Temuco Chile, territory, is we are emphasizing the teaching and 169, Guatemala has achieved an interna­ not just the possibility of a permanent learning of Indigenous languages. tional status and recognition as a nation Indigenous forum but the real need for Projects are now being promoted to that respects its Indigenous majority By such a body to be installed. This would achieve this goal, such as the current becoming a signatory of the ILO not replace or compete with the Working national commission for the official Convention, Guatemala is now among Group, but complement it. recognition of the 21 Mayan languages as those independent nations highly con­ well as Xinka and Garifuna spoken in cerned with the promotion and continu­ When discussing logistics, scope, and Guatemala. The Indigenous organiza­ ity of Indigenous cultures in their territo­ purpose of the forum, we decided that it tions of Guatemala are also organizing ries. This is a historical opportunity for should be a place where Indigenous peo­ bipartisan commissions to propose edu­ Guatemala to fulfill its promise of recog­ ple can publicly denounce injustices as cational programs that will integrate the nizing and valuing its patrimony, not well as make recommendations. It can knowledge and intellectual productions only its ancient Mayan past, but the con­ also function as a mediator of disputes of Indigenous people in the curricula. temporary inheritors of that millennial between Indigenous peoples and govern­ The lndigenous world views are becom­ Mayan civilization. The articles of the ments. We can no longer continue to ing an integral part in the experimental Convention are being massively publi­ function in a system where government educational projects, particularly in the cized, so that the Indigenous population policies are implemented unilaterally, program called '"Escuelas Mayas" coordi­ can read and apply its contents to help regarding nated by the Centro de lnvestigaciones y them to finally escape from the marginal Indigenous com­ Documentacion Maya ( CEDIM). world to which they have been relegated munities as easy Similarly, on the religious front, the for the past five centuries. To aid in the prey There are two Consejo National de Sacerdotes Mayas is promotion of the Convention, a number realities; that of consulting the Mayan calendar and of Mayan organizations, such as the national govern­ proposing its use to guide the education­ Academy of Mayan Languages, ments and that of al programs, agricultural projects, and Cholsamaj, the Mayan paper Rutzijol, traditional cul­ A life cycles important in Mayan communi­ and the newspaper El Regional are trans­ tures. We must ties. Indigenous religion and philosophy lating and diffusing the information in begin to hold dia­ are also being revived and practiced by Mayan languages. logues with the men and women, who are now express­ governments and a ing themselves freely in their Mayan reli­ It must be understood that permanent forum gious organizations at the national level. Convention 169 is not in itself the solu­ could be just the tion to the ill treatment of the Indigenous parliamentary An important contribution of population in the past by the dominant instrument to this Indigenous people to the legal and polit­ Ladino population. Instead, it is a step end. It must be an ical process in Guatemala is the recogni­ towards understanding and respecting egalitarian assem­ tion of our customary law that regulates the contributions of lndigenous people in bly that represents the Indigenous per­ conflict and creates consensus in our all spheres of human life. At this new spective on equal footing with the gov­ communities. Similarly, the bipartisan stage in their history, Guatemalans must ernment positions. It has been proposed commission for land has also been estab­ question their own identities and discov­ that the forum would be similar to the lished and Mayan organizations, such as er the Indigenous roots that give them a UN, that would be ideal but that is per­ the Coordinator of Mayan People of unique and powerful identity as Mayans. haps unrealistic. We are aiming for some­ Guatemala (COPMAGUA), are now dis­ For this to occur, it is important that the thing on the level of ECOSOC, which is cussing the possibilities for peaceful solu­ Ladino or non-Indigenous population a much higher level than where we are in tions to the land problems with a govern­ change the persistent views and negative the UN now. We would like to see this ment team. With the complete imple­ stereotypes that they have imposed on forum be a legitimate arm of the UN with mentation of the articles stated in the Indigenous people for centuries. This an office in Geneva or New York We sin­ Convention, there is hope that implies rewriting their histories and cerely hope that the proposals discussed Guatemala, as a pluricultural nation­ learning more about the grandeur of the at this conference will be realized in the state, may develop a real democracy with Mayan civilization which, with remark­ near future. ~ just treatment for the large Indigenous able tenacity, has persisted until now, population within its borders. Once despite the restricted spaces in which its Indigenous people are allowed to deter­ contemporary inheritors struggle to mine and direct their own development survive at the end of this century ~ with the support of the national govern-

------·-····---· Vol. 10 No.4 19 A N D TERRITORY------S E l F DETERMINATION human rights groups and the Kuna the canal. This base has long been aban­ Women's Federation, have spoken out in doned, but the region has been of interest support of the General Congress deci- to archeologists interested in colonial his­ tory, and some speculators who have sion. tried to follow up rumors of mineral Of special interest in this dispute is resources. the role of the U.S. Ambassador in the Although the Panamanian govern­ debates concerning the base. The U.S ment claims that Puerto Escoces is "unin­ government had reportedly agreed to finance the building of the facility (many habited," the bay is owned and used by nearby Kunas, who cultivate their crops believe it was their idea, in light of the closing of U.S. bases around the canal), along the rivers, fish and hunt as well as through Kuna authorities have never gather wild provisions. The natural beau­ been told the exact arrangements or the ties of the area are described as a "par­ ill dollar amount pledged. When the Kuna ill adise" of crystalline waters and verdant were having trouble getting Panama to vegetation. In response to the proposal to take over this area, first presented in early negotiate, a group of Kuna leaders went 1996, local Kuna demanded an environ­ directly to the Ambassador and presented their case. The Ambassador said that he mental impact study, negotiations with didn't want to get involved in internal binding agreements, and payment for matters, but if the Kunas persisted in confiscated lands. These demands were he proposed establishment of a opposing the base, the U.S. would take met by blunt refusals from the govern­ naval military base in Indigenous their money elsewhere. territory, with the purpose of com- ment, who expressed indignation that Indigenous people would try to be bating international drug traffic, has pro­ At this point the Panamanians involved in negotiations or indemnifica- voked a heated debate in Kuna and stepped up their campaign of intimida­ Panamanian public opinion since mid- tions. tion and subterfuge, even producing a 1996. The original proposal was for con­ Since the first proposal, the Kuna, phony "Accord" which they claimed had struction of a base in Puerto Escoces, a who have a long reputation as staunch already been signed by local community site of historic importance to the Kuna, defenders of their autonomy, their lands leaders. Those who opposed the base where they first opposed colonizing were publicly branded "narcotraficantes efforts by Scottish settlers, and where the and of environmental preservation, have mobilized resistance. Despite numerous and their allies." In the words of Kuna United States had built a naval base dur­ spokesperson, Atencio Lopez, "there has ing World War II, ostensibly in defense of attempts to divide the communities and leaders, attempts which included threats, been a resurgence of standard myths about 'national security,' of 'economic ,, blackmail, and offers of special privileges 1 '·' to some leaders, the Kuna General development of the Indigenous people through military industry,' of 'the laziness Congress established a commission to as synonymous study the issue. In June 1997, the Kuna of the Indigenous people with Third World underdevelopment,' General Congress decided unanimously to oppose the military base at Puerto and other barbarities." As Lopez says, the Escoces, located deep in Kuna territory, disputed land is Kuna land, "so we must be the ones who preserve nature in the suggesting instead the port of Obaldia on the border with Columbia. The border place that has been converted to another itself, they argue, is the place for such 'blood-stained land' ( from which comes the name ABYA YALA, or blood-stained activities, and is already disturbed by the nearby warfare between Colombian continent.) The agitation and debate on forces and guerrilla groups, as well as nar­ this issue have "placed in danger the cotics traffickers. Puerto Obaldia is political, administrative and territorial already a refuge for many impoverished autonomy of the Comarca Kuna Yala, the most ancient and distinguished 'h Colombians fleeing from the violence in I Indigenous autonomy in the New World. the region. With this move the Kuna have demon­ Various groups, ranging from the strated once again their political capabili­ Catholic missionaries in Kuna Yala, ty, because in spite of everything they have brought a halt to a project of great scope promoted by the governments of ( This article has been revised, edited and Panama and the United States, of which altered from the original by Atencio Lopez, a we can only with difficulty predict the Kuna lawyer and President of the Kuna benefits or problems for the Kunas' future." ill · I organization, Napguana.) ·I I Abya Yala News 20 SELF DETERMINATION A N D TERRITORY ~=--~"'---~~~-

tion confirmed, Ecuador's marginalized popular resistance. I would no longer countenance exclusion­ Conservative politicians characterized ary elite politics. the August mobilization as "violent" and "destructive." Popular leaders insisted, Earlier this year, a massive popular however, that the paralyzation was the demonstration on February 5 forced the only means at their disposal for con­ impeachment of former-President Abdala fronting "an antidemocratic, exclusionary; Bucaram and demanded fundamental and authoritarian" regime. Like earlier changes to the workings of the Indigenous uprisings in Ecuador this Ecuadorian state. Central to the February decade~ May 1990 (5 days) and June "Popular Mandate" was the call for a 1994 (10 days)- the August 1997 National Constituent Assembly charged protest challenged neo-liberal economic with re-writing the Ecuadorian reforms. In addition to the Constituent Constitution. In late July, however, Assembly, the paralyzation demanded the President Alarcon together with conserv­ congressional ratification of ILO ative congressmen decreed that the Convention 169 and denounced govern­ National Constituent Assembly must be ment plans to privatize the peasant social postponed for another year. security agency and areas deemed eco­ rriba, abajo, el pueblo, nomically strategic for the functioning of carajo! Izquierda, dercha, Indigenous and peasant groups reject­ the state: telephones, electricity, and the el gobierno a la mierda!" ed the audacity of such a state edict. state petroleum industry In particular, (March chant, Quito, August 12, 1997). Through unprecedented popular sup­ the August mobilization sought to further port, the February "Mandate" asserted a long-standing struggle to construct a At dawn on August 11, 1997, thou­ citizens' rights to condemn corrupt rule. new democratic order in Ecuador. sands of Indigenous and campesino The August 1997 protest further substan­ woman and men dug ditches and hauled tiated that right and denounced the gov­ On August 12th, 500 demonstrators trees across Ecuador's major roads. The ernment's contempt for the February in Quito staged a wake and funeral pro­ coordinated uprising halted transport for popular fiat. As the president of CONAIE cession for the February 1997 "Popular 48 hours and sent a forceful message to ( Confederacion de N acionalidades Mandate." Solemnly clothed men bearing President Fabian Alarcon of the power of Indigenas del Ecuador), Antonio Vargas, a massive casket lead the procession popular conviction. Demonstrators felt noted Indian and peasant organizations through city streets. Behind them fol­ ridiculed by recent state decisions that were the only representative bodies capa­ lowed chanting protesters carrying ban­ scorned their interests. As the paralyza- ble "of generating true democratic ners and brilliantly colored wreathes. debate"; no political regime could dismiss Protesters' mock mourning symbolized this authority their repudiation of the government's decree to defer the National Constituent August's road blocks interrupted com­ Assembly; the funereal rite gave witness merce and travel throughout the country to this "betrayal"~ the figurative killing The military's presence was strong, lead­ of the Constituent Assembly Ending their ing to sporadic confrontations. In Azuay procession outside the National Province, an angry trucker ran a blockade Congress, protesters set the Popular injuring three protesters. On the princi­ Mandate casket ablaze. "So burn the ple highway north of Quito, soldiers stratagems of an antiquated political intimidated protesters and repeatedly class," bellowed an Indian leader: "so shot tear-gas into demonstrating crowds. burn attempts to scorn the Popular Despite considerable risk, a group of Mandate. Let us seize this opportunity to peasant women explained that they were construct a new democracy" Many obsta­ fighting against "the economic measures cles still threaten such efforts. As Luis that made life only more and more diffi­ Macas, an Indigenous congressman and cult": rising commodity and health care former CONAIE president, observed, lit­ costs, inflationary credit, soaring rural tle has changed since Abdala Bucaram's debt. "Only like this, united together," ousting; "elite leaders continue to deceive one woman interjected "can we move for­ the citizens and exacerbate economic ward." The presence of a huge CONAIE misery" A new Constituent Assembly is banner intimated deeper meaning of this slated for December 1997. ~ campesina's words: "united together" as Indians and peasants, protesters could For further information please contact: hold their ground. Indeed, a growing Susana Sawyer, [email protected], or indigenous-peasant coalition throughout Antonio Vargas, President of CONAIE, the 1990's proved the effectiveness of conaie@ecunex. ec

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that they can influence the public sphere and It hasn't changed. It is an experience licia Canaviri, Aymara, is a obtain positions of power to better protect that I've had all of my life, not only when I was young or when I was in school. social worker and community their culture and their rights. Alicia told us When Indigenous women begin to look organizer. She is the general about the necessity of CDIMA's work when for work, they are never treated equally coordinator of the Center for Aymara with other women and even less so with she was in Oakland this summer. men. There is a triple discrimination Women's Develop (CDIMA) in , against an Indigenous woman: for being a woman, for being Indigenous and for Bolivia. CDIMA works to help Aymara com­ How is neoliberal globalization affect­ ing Indigenous communities in being poor. I and my Indigenous sisters in Bolivia and across Latin America have munities, especially women and young peo­ Bolivia, and how are you, as an Indigenous woman and a founder of suffered this every day of our lives. ple, overcome discrimination and poverty by CDIMA (Aymara Women's For this reason, CDIMA, a group of providing training and educational work­ Development Center), trying to empower Aymara women and young Aymara women was born. We organized shops. people to be able to face this new ide­ ourselves for the purpose of educating ourselves and empowering ourselves to ology of economic development? CDIMA rose out of the severe social, eco- defend our culture and our language. Our language was used as the means to nomic, political and cultural crisis facing It is true that this situation is affecting all Aymaras and certainly all Indigenous achieve our goals of defending the Indigenous women, who were suffering dis­ people in Latin America. I will speak thoughts and ideas of our people. We began to work initially on a voluntary crimination and exploitation by the system about this neoliberalism in respect to how it affects Indigenous women. In basis to fight against marginalization, for being women, for being poor and for Bolivia, the systemic problems are very exploitation, and the different forms of serious. We suffer exploitation, oppres­ oppression against the Aymara woman. being members of an oppressed people. As sion, the marginalization of women, espe­ We began to work with the local women's cially Indigenous women. A woman who organizations in different rural communi­ Indigenous women they were seeing the price ties. Women in these small communities l doesn't know how to read or write is of their products fall, and their work under­ scorned. In order to attend school, one have no opportunities to enter the public needs to know the Spanish language. sphere, and are not encouraged to make 'I' valued, underpaid and unrecognized. The Therefore, when I was ten years old, I any effort to do so. We met many women who had previously received certain fact that there are no laws to protect learned to speak Spanish because 1 had to. If I only spoke the , I kinds of training for women to make 'I Indigenous women's work is a grave injustice, would be severely discriminated against them good housewives. They had been in this society And my fate was already taught little manual skills, how to cook, which Alicia would like to remedy. CDIMA decided because I was an Indigenous how to take care of their children, all in Western style. When we began our work develops programs to empower and educate woman who wore a comisa de pollera y una chompa de obeta (traditional clothing) this was the only type of training avail­ Indigenous women and youths, the most and therefore I wasn't worth anything. I able for women. Continue on page 23 marginalized sectors of Bolivian society, so automatically didn't matter. ------Abya Yala News 22 DAUGHTERS 0 F B Y A Y A l A

to it. The three steps of the courses are to working with young people. As I said ini­ We confront this situation by offering identify their fear, then work on self­ tially, we work mainly with the two most another kind of training. We taught them esteem and confidence raising to help marginalized sectors of the society, to analyze their situations in their com­ them overcome their fears, then to apply women and youth. We have seen in munities: What role do women play at this new confidence to their relation­ Bolivian society that these two sectors are the local level, within their own commu­ ships. These three things are fundamental completely forgotten by the central gov­ nities? What role do Aymara woman play in order for a woman to become empow­ ernment. The youth in our country are in the power structure at a national level? ered as an individual within her commu­ managed, governed as a minority, as All this internal analysis has affected the nity This is one of the goals of our work. dependents. And what we want is a space women in the communities and shown The 40 women who participated in these for this minority in the power structure, them that they are marginalized. Once intensive workshops learned how to at the national and international level. In women began to question their positions overcome their fear of speaking in public, the first place, we believe that Indigenous in the community and beyond, they and more importantly they learned to people should govern themselves, and be began reacting against this marginaliza­ speak their minds freely without fear. represented in the Parliament of Bolivia. tion and discrimination. Aymara women are confident that they as women can do These first 40 women are now liberat­ It has been very important to train the important activities to benefit the entire ed, empowered, and organized to defend adult women, because they act as men­ community and fight for the rights of the Aymara tors in the society Therefore we work woman. Our organization is dedicated to with the women who educate the chil­ CDIMA does not work only with the providing training and educational dren, and with the youth, because they women. We also work to educate the men opportunities to all Aymara women. It is are the future of the country and the and raise their consciousness. In the past, fundamental that the women are trained future of the Aymara people. We have everyone only worked with the women, to occupy important positions. If they are taken on this marginalized sector of soci­ but in order to really change the situation not trained, they will never break into the ety, because it is here that the great poten­ we need to work with the men also. The system. tial for our people lays. women began to invite their husbands to our meetings and the men began to come Another objective of CDIMA is to We did a diagnostic on the young and we began to work together. This has work in conjunction with other people's situation within the communi­ been successful in many communities. Indigenous organizations, not only ties. We went to their villages and met Women and men both participating is a Aymara organizations, but with all types with them, because we believe that the positive step, because it is crucial for both of organizations at the national level. youth are people too. In Aymara when a Indigenous men and women to work There is a relationship between Aymaras person is of a certain age and is not mar­ together in the struggle to control our and Quechuas, and between Indigenous ried, he is not considered a person and communities. women's organizations. This exchange we call him "eljaque". We have seen that with other organizations helps our because of this stigmatization, the young What type of training did you give the Aymara people think about their actual people marry and are required to take on women? Can you give us some exam­ situation and question it and compare it a position without any knowledge or ples? to the situations in other Latin American experience and are easily manipulated by countries with relation to globalization. the different political parties. This is why Initially, we had women leaders dis­ Together we investigate the economic it is extremely necessary that we need to cuss their experiences: the history of problems being created in these countries train this sector. Indigenous villages, the participation of and the destruction of the environment. Indigenous women, all of this. This work In our villages, many times we don't Initially, when we went to the com­ proved to be very worthwhile. Then, we know in advance what the results will be munities, the young people (13, 14, or 15 began to work at organizing from the when big companies bring in equipment year-olds) would run away from us. This base level. And during the different to cut down the forest. For example, forced us to adapt our methodology of courses and activities that we did, the many forests disappeared without the work. We would bring balls and play in women selected those people who had Indigenous people being aware of what the fields and after some games we would the potential to be leaders in their com­ was going on. But through organizing have a little break in which we would ask munities. Out of the 8 communities, 40 and becoming educated, we can defend them what role they (the youth) play in women were chosen. We worked with our rights and the land. the community these 40 women in intensive courses to train them to be leaders. You also educate and train the Aymara We saw that the youth were being young people so that they will be able neglected. And so we met with the The first thing that we taught these to defend their Indigenous heritage. authorities and the fathers of the families potential leaders was to lose their fear. What kind of programs do you have to ask them what are they doing to bene- The women were scared of speaking in for these youth whom you are helping fit the young people, so that they are able front of people, so we worked with them learn how to defend themselves? to be productive women and men in the on public speaking because most future. The youth are seen as children, Indigenous wDmen are not accustomed CDIMA has had a lot of experience and not as people who have roles in the ______C_on_t_in_u_e~on. page ?-i__ __ Vol. 10 No.4 23 DAUGHTERS 0 F A By A ALA ------Y

community We discussed with the com­ to be manipulated, to be exploited, and to years will have entered the governing munities what happens when our young suffer as a result of this neoliberal system. body For us, for CDIMA, this would be a people grow up without receiving any The youth, women, and men are now great success. And if there are more, that education or training. creating their own ideas about develop­ would be even better. They can set an We began organizing traditional ment from their own communities with­ example for the other youth in the com­ music and dance classes for the young out losing their identity, without losing munity And I believe that this is a realis­ people of the communities. We are also their traditions, without losing their lan­ tic goal because the 30 young people with teaching them our stories. Right now, we guage. whom we are working now, are beginning are organizing a competition in the stories to work with confidence. of our Aymara ancestors. The young peo­ One of the biggest obstacles in the ple who know the ancestral traditions present system is that Aymara youth have What advice would you like to give to and tell the story best will win a prize. We no opportunities to become profession­ the Indigenous movement and to In­ want to educate the youth in what our als. They remain in their communities or digenous young people in particular? stories and traditions mean. Through they go to the big cities to be day labor­ these classes we help them to learn who ers, to be white peoples' assistants, to be I would like to tell the youth that in they are and to identify with the land, porters or simply to be drunkards. This is the first place we need to think about because without knowing who they are the life of Indigenous young people in the what is happening with our people. What they will lose their identity And if before cities. And what we want to do is train is our place within the society and what is they liked Western music, now they like the youth so that they will grow up to be happening in our countries with the our own traditional music. For example, great men and women and play an young people? What do our governments one of the young people came to one of important role in the cities and in their say about the youth? And by responding the classes and listened to the traditional communities. to these questions, maybe we can escape music. He said "This music is different. I the situation in which Indigenous young feel something for this music, it attracts Because of our work, the young peo­ people are currently The young people me, I don't know, in my body something ple think differently now. They want to be will allow us to move forward with our else happens. And before when I listened, professionals. They are eager I didn't feel anything. But now, I don't to be trained. They have a A know, it makes me sad, it makes me better education and greater c y melancholy" It is experiences like this self-esteem and can there­ A M that prove that we have succeeded is fore enter into positions of L helping the young people feel that our power. Of course, in relation E A music is their own. to the population, this is a R small group of young peo­ N AA One of our greatest achievements is ple; between those trained D .,. c that our young people identify as chil­ and those in training, there A T dren of Aymaras and as Aymaras. We are are around 369 young peo­ R u proud that they take Aymara as their own ple. We want at least 50% of I A identity One of our objectives is that the these young people to 0 young people who enter into high become professionals. And if L schools and universities and other jobs they aren't professionals, remain Aymara. We also want the youth then we hope that the majority hold initiatives and the initiatives of our ances­ to learn about their rights as Indigenous important positions within different tors. Therefore what I want to say is that people and to form concrete ideas about spheres, as directors, as leaders. We also we have to continue the struggle. We their future as Indigenous people. In the hope that when they obtain an important can't leave our culture. As Indigenous communities where we work, we actually position within the public sphere, they people we have to face the situation and have around 30 young people that are won't be used and manipulated by politi­ move forward, making sure that our peo­ creating their own proposal, calling for cal parties, but will be true to their own ple are respected, that our rights are popular participation as a base for local personality which is Indigenous. respected, and that the youth are educat­ power. This proposal will truly defend ed and trained. Because, with training, it our rights and help us to defend against Our major goal is that in 10 years we is possible for them to achieve everything the outside influence of globalization. If want to see our Aymara young people that they desire. If we don't have training, we don't educate our children, they will trained as professionals and to see them if we don't have better information and be manipulated by other people. in Parliament. There are possibilities education we won't be able to move for­ through new laws that have been imple­ ward. This is the most important thing In our communities, it is necessary to mented in Bolivia. If they achieve this, that I have observed. When the youth are defend against all of the types of exploita­ their goals are realized at the public level informed and understand what is hap­ tion that exist. We need to defend our­ and they are in the power structure and pening around them, then they can selves with knowledge, through informa­ can work for their people and for their reflect on it and propose their ideas tion and training. If this does not happen, nation. One of our biggest objectives is about overcoming the problems of Indigenous people are going to continue that at least 10 young people, after 10 their people. ~ f' I 24 Abya Yala News ENVIRONMENT

THIS ARTICLE HAS BEEN REVISED, EDITED AND UPDATED.

"Of what use is the electric light if this in the mountainous region of the Andes through the steep parts of the mountain­ light comes to illuminate the death of a com­ for centuries. Gradually exterminated ous region of the Andes, and the "Bajo munity?" through the 19th century by the conflicts Biobio," which runs through the central -from a public declaration by the between the governments of valley, is wider and contains a larger body Council of Indigenous leaders of Chiloe and Chile due to the "opposition to the. of water than the Alto. The Bajo Biobio (Consejo General de Caciques Chiloe) established borders," the Pehuenche were however, is heavily polluted by industrial forced off their ancient lands and concen­ waste, timber, petro-chemicals, fisheries, trated themselves around the Biobio and the untreated waters of over a hun­ eated debates continue over region, next to the river of the same dred villages and cities. The area of the Endesa's, Chile's largest and name. Today, only about 10,000 gulf of Arauco, transformed into a sewage live in the rugged territory disposal, has been considered by the state most powerful electric com­ along the upper reaches of the Biobio. and international environmentalist They are the survivors of armed attacks groups to be a "Natural Catastrophe pany, plan to construct the Ralco dam on by colonial powers and Chile's own mili­ the upper Biobio river. The Ralco project tary, as well as decades of assimilationist The author has studied environmental legislation. They are now confronting the issues, and is currently getting a graduate is part of the megacorporation's "Serie overwhelmingly powerful Endesa, Chile's degree in Environmental Science in Berlin, utilities giant. Hidraulica del Biobfo" composed of seven Germany. He has spent an extensive amount of time with Pehuenche communi­ interdependent hydroelectric power The Biobio river, and its watershed ties in the Alto Biobio, and has been active­ area, is unquestionably both culturally ly involved with the GABB (Group of Action plants designed in a step like fashion and ecologically one of Chile's most for the Biobio) engaging in debates with the being built in the Alto Biobio, home of 7 important bioregions. The Biobio origi­ government and with national community nates in the lakes of !calma and Galletue over the implications and impacts of the Pehuenche communities. high in the Andes and runs all the way to projects proposed by the Endesa (National the sea. Over 400 km long, it contains an Electric Corporation) in the upper Biobio. The "Pehuenche," whose name means estimated 15,000 waterways. Its' course Currently he is working in Berlin, carrying the people of the land (Pehuen = nature, is divided into two sections: the "Alto out debates and writing articles on this soil and Che = people), have been living Biobio", which takes an intricate path issue. Continue on page 26 Vol. 10 No.4 25 ENVIRONMEI'IT

Zone." One million people depend upon Troncoso, is also the president of Endesa The Pangue Power Plant the water of the Biobio and almost and of Pangue S.A. creating in this fash­ 500,000 drink directly out of it. The ion the monopoly of the enterprise that The Pangue plant, the first of the pro­ Mega Hydroelectric complex will threat­ controls 87% of the electricity of Chile, posed series, was inaugurated March 6, en the health and livelihoods of the hun­ which furthermore owns the entire elec­ 1997 in spite of the massive public outcry dreds of thousands who rely on the river. tric network of the country (Sistema and controversy surrounding the legality Interconectado Central, SIC). of the project.

The Origins of the At the end of 1989, Endesa created Since 1950, Endesa has studied the Biobio river Projects affiliates to look a little less threatening Biobio river, slowly amassing studies and within the electric industry. Pangue S.A. reports to aid them in building an argu- Since the 1973 military coup, liberal market economic models have been implemented with emphasis on the priva­ tization of nationally owned enterprises and the extraction of natural resources for exportation. In this new environment, some groups started to rise as the "upper class" who gained and established their 1,' economic influence over the whole Chilean economy, concentrating on such activities as the communication, mining, forestry, construction, and energy indus­ tries. Along with this process, a larger portion of the population was becoming the "lower class," increasingly migrating to the nations cities from the rural regions of the country. With this new economic environment, the energy sector became a priority for the government, which began to make huge investments in the con­ struction of hydroelectric power plants. However with the current rate of invest­ ment, the natural resources necessary for the hydroelectric industry will be deplet­ ed by the year 2020. The section of the Biobio slated for the projects has been one of the regions that has contributed is one of these "daughters of the compa­ ment supporting the idea that Chile the most to the national economy ny" which focuses on the materialization could benefit from the creation of dams through its natural resources, though of hydroelectric power plants in the Alto along the river. The energy generated by il paradoxically it has the second highest Biobio. Endesa has envisioned a massive the projects would be consumed mostly .,,,, rate of poverty in the country, accounting interconnected series of large scale hydro­ by the cities of Valparaiso and Santiago, for 50% of the country's poor. electric plants and has been designing located about 500 km to the north, and them since the 1960's. The seven projects Endesa is contemplating expanding their When Endesa finished its privatiza­ combined will flood close to 26 thousand sales to Argentina. The first electric power tion process in 1988 (under Pinochet's hectares of river, 35,000 hectares of plant is Pangue (followed by Ralco, dictatorship), most of its share holders native forest and displace close to 10,000 Huequecura and Aguas Blancas, being consisted of armed forces personnel and Indigenous people from the Mapuche­ studied are Quintraman, Ranquil, and the upper class. According to a state offi­ Pehuenche communities. Decisions Queuco) which floods over 500 hectares cial, the operations caused losses to the regarding the construction of the Ralco occupied (until a few month ago) by the country estimated at around one thou­ plant are not only made by Pangue S.A., Indigenous communities of Callaqui, sand million dollars, and debts to the but also by Endesa together with the Pitril and Quepuca-Ralco. They were country of about six hundred million dol­ Chilean government. These plans are forced to abandon their ancestral lands, lars. The mega-corporation is currently being made without consulting the which were uncompensated, and now concentrating on Enersis (Electric Chilean people, the regional communi­ have no direct access to the river or to the Group), the second most economically ties, or the Pehuenche people who are Araucaria Forest, where they have tradi­ powerful group in Chile, which in turn most gravely affected by these megapro­ tionally harvested fruit by this same controls Chilectra, one of the biggest dis­ jects. name. According to Grupo de Accion por I tributors of electricity for Chile. The el Biobio (GABB), a Chilean NGO, what director of Enersis, Jose Yuraszeck Pehuenche land was left along the shores Continue on page 2 7 26 Abya Yala News ENVIRONMENT of the Pangue reservoir, the artificial lake The Pangue dam contains over 175 their alleged violation of the social and formed by trapping the water of the million square meters of water, with the environmental conditions of the loans. By Biobio, is now in the hands of private real capacity of generating 450 megawatts. paying back their loans they were absolv­ estate developers. The cost of the power plant is over US$ ing themselves of the responsibility to 4 70 million, part of which is being paid honor any stipulations they agreed to The environmental destruction by Endesa (US$ 190 million). The rest of when borrowing money from the World caused by the Pangue project are severe, the funding came from international Bank's private-sector affiliate and other and will likely be so for the Ralco project backing, such as a credit from the European institutions. The company as well. With the irregular currents of International Finance Corporation (IFC) claims that it has switched to the German water of the Biobio, the quality of the and the World Bank good for US$ 150 Dresder Bank because it prefers their water content coming in and out of the million, and other loans from Switzerland lower interest rates. dam is drastically altered. Damage is and Norway, estimated at about US$ 35 being done to the biome that is formed at million. The investment agreements con­ The most serious social implication of the shores of the river, to the climate tained provisions to protect the the Pangue Power plant, and the pro­ around it, and to the biological activities Pehuenche people and the environment posed Ralco plant, is the slow destruction (micro and macro) that take place in this of the area. of the Pehuenche culture in the Alto area. Six species of fish ( known only to Biobio. The construction of roads for this area) will be unable to adapt to the In November 1995, GABB (Grupo de access to the power plants will allow for new environment, and thus will be driven Accion por el Biobio) asked the World the entrance of logging industries into the to extinction. Environmental Bank's independent inspection few remaining native forests. The con­ impact studies, independent THE MOST panel to investigate their struction of bridges, electric cables, and from those done by Pangue SERIOUS charges that the IFC had failed wire fences (in order to "protect" the S.A., show that 192 species of to live up to their agreement. power plants) are responsible for the flora are endangered, 86 SOCIAl After claiming immunity from death of the already limited fauna and in species of birds, 24 mammals, IMPLICATION the inspection panel, the bank some cases have even taken human lives. 9 amphibians, and 8 reptiles eventually agreed to evaluate The massive immigration of workers into will suffer negative ecological Of THE PANGUE the situation. Last year, these lands is having a negative impact on impacts from this project. At POWER PlANT, University of Arizona anthro­ the Pehuenche communities, as these the same time, the process of pologist, Theodore Downing workers do not respect the traditional alternately drying and flooding AND THE submitted his critical report on social structure and laws established by the dam to create "tip energy" PROPOSED the proposed measures to aid the Pehuenche. The loss of access to the will cause great erosive dam­ RAlCO PLANT, and resettle Pehuenche commu­ territories around the Biobio will limit age affecting the water ways of nities, reproving the company their ability to harvest, to enter their the lower regions, altering the IS THE SlOW for the poor treatment the sacred land to pray and to bury their amount of spring water avail­ DESTRUCTION Pehuenches received during the dead, all of which have severe repercus­ able and the level of the water construction of the Pangue dam. sions for Pehuenche culture and tradi­ channels used for transporta­ OF THE Jay Hair, former head of the tions. Particularly damaging is that the tion. The climate will also be PEHUENCHE World Conservation Union, rivalry among the Pehuenche people to altered by both projects, with completed a 379-page study on get jobs, or compensation for the damage increased humidity affecting CULTURE IN the environmental and social caused by the power plant, is dividing everything from crops to soil THE AlTO violations caused by the dam's their communities. erosion. To make the fragile construction. Hair's study is said ecological picture further BIOBIO to declare that the environmen- Pangue S.A., however, has been pres­ unstable, there are 5 volcanoes in the tal violations are even worse than those sured to make several compromises with area. Three of these are active volcanoes alleged by GABB, whose original com­ the Pehuenche people. Among these are (Callaquen, Lonquimay, and Compache), plaint sparked the investigation. the hiring of 1200 Pehuenche people (as one of them being only 10 km away from disposable workers), and more as need, the Pangue power plant. The studies con­ After perusing the two independent until construction is complete and the ducted by Pangue S.A. point towards the reports which investigated " IFC's perfor­ workers are not needed anymore. Their conclusion that there is no danger mance and compliance with World Bank other projects include an "Ecological towards the electric plants, since these environmental and social standards," Station" that will "revert" the ecological have been designed to withstand the World Bank President James Wolfensohn impact caused by the Pangue Dam, and damage of an eruption. had chastised Endesa for taking " a less the "Pehuen Foundation" which is in than constructive approach to its envi­ charged of improving the living standards The environmental effects of the Ralco ronmental and social obligations." Once and reinforcing the cultural heritage of plant are estimated to be equally devas­ word spread that Wolfensohn had threat­ the Pehuenche people. The Pehuen tating. It is predicted that about 3,400 ened to publicly declare the company Foundation is made up of a board of hectares of native forest will be flooded guilty of violating the investment agree­ directors composed of three representa­ negatively impacting 45% of the fauna ments, Pangue S.A. quickly prepaid their tives of the Pehuenche people and four and 60% of the flora in the region. IFC loans to avoid any implication in representatives of the company The com- Continue on page 28 Vol. 10 No.4 27 ENVIRONMENT ------

pany chooses the three Pehuenche repre­ Communities Cultural Rights, as well as Article 1 of the sentatives, a number that is not represen­ long-standing Chilean Constitution. This time around tative of the number of people that are they are using the Indigenous and being affected by the construction of the Environmental Law along with their six dam. On this matter, the lonkos Since 1989, the Pehuenche communi­ years of experience to defend themselves. (caciques or Indigenous leaders) of this ties of the Biobio have expressed their Their inevitable eviction from their terri­ region have accused the Pehuen rejection of the construction of dams in tory, as well as Endesa's illegal occupation Foundation, along with the other pro­ the Alto Biobio, giving public hearings on of their territory, is a violation of the Law grams created by Pangue S.A., of being their opposition and visiting environmen­ of Indigenous Development of 1992. the company's way of "bribing" the tal, social, and regional organizations. Pehuenche people. Unfortunately their determined efforts Nevertheless, the government of have met with little success. The seven Eduardo Frei is ignoring the pleas of the The main function of the Foundation communities surrounding the Biobio area Pehuenche people, who have already has been to subsidize 60-80% of the pur­ have been coordinating their efforts with turned down the land offered to them as chase of all basic goods by the Pehuenche the Action Group for the compensation for their reloca­ people in exchange for their signature, Biobio (GABB), an activist tion -land that had already making them "partners" of the project. It group that has been extreme­ been acquired by Pangue S.A. is interesting to note that lists of signa­ ly vocal in fighting against the a long time before getting the tures were presented to the International construction of the dams, permission from the govern­ Finance Corporation (IFC) of the World studying and analyzing the ment to begin the Ralco pro­ Bank as "proof of the backing of the damages caused by the pro­ ject. In August of 1995, the Pehuenche people" for the construction jects, and calling for interna­ GABB presented a document of the Pangue dam. Moreover, the tional support for the signed by 300 Pehuenche Pehuenche Foundation does not recog­ Indigenous communities and people, expressing their nize the existence of the Ralco project, the biodiversity of the region. opposition towards the con­ which affects around 500 Mapuche­ Their greatest achievement struction of the Ralco dam Pehuenche people of the Quepuca-Ralco took place in September 1992, when and power plant, and demanding: (l) and Ralco-Lepoy region, as it floods over GABB filed protection from damages The recognition of their lands as stated in 5,597 hectare, stressing that the Ralco caused by Pangue S.A., presenting a doc­ articles 13, and the right of the dam "has no financial backing from ument with more than 3000 signatures. Indigenous people to participate in deci­ Pangue S.A." However such statements On june 22, 1993, the court delivered sions affecting their living conditions stat­ are false, as Pangue S.A. gives over 0.1% their decision in favor of making it illegal ed in article 34 (2) The immediate depar­ of the profits of Pangue (over US$ for Pangue S.A. to change the flow of the ture of Endesa from the Quepuca-Ralco 120,000) each year, increasing that Biobio, to dry the Biobio, to use water and Ralco-Lepoy communities. (3) That amount to 0.3% discharges, or to flood an area. However, the Pehuen Foundation be entirely com­ this year. The Pangue S.A. argued that it was difficult to posed of a board of Pehuenche people company has stop the construction at that point given elected from their own communities. (4) DEVELOPED developed a slo­ the promises and contracts that had That all funding given by Pangue S.A. to A SlOGAN: gan: "represas o already been established with the work­ the Pehuen Foundation be increased pobresa" ("dam or ers. The following day, Endesa presented from 0.3% to 1%. "REPRESAS 0 poverty"), inflict­ its appeal to the Supreme Court of]ustice ing the idea that in Santiago, questioning the accuracy of The Communities of Qupuca Ralco, POBRESA" without the dam the data that was presented by GABB. At Cauoicu, Callaqui and Malla Malla pre­ POVERTY") there will not be the same time, Endesa together with the sented a document expressing their any other eco­ government, announced that it would opposition to the Ralco project and their nomic opportunities for the Pehuenche raise the price of electricity if the Pangue frustration with the governments lack of people to raise their standard of living in project could not be completed. Two attention, which begins with the state­ the future. Despite its propaganda, the months later, the Supreme Court reverted ment "We have repeated many times that Pehuen Foundation does not have the the decision made earlier, arguing that at we do not want the Ralco dam and are Pehuenches' best interest at heart. Since that point there was no way of telling opposed to its construction. We oppose its inception, its true goal has been to what the consequences of the construc­ the Ralco project because it will affect us deceive and coerce them to relocate, with tion of the dam could be. all, as Pehuenche people of the upper blatant disregard for the Pehuenches Biobio ... we know that this problem, the rights to stay on their land as granted With Pangue completed, Endesa is seven dams that they want to build, wor­ under the recent Indigenous Law of the moving ahead with its plans for the sub­ ries all of the Indigenous communities in country. sequent major hydroelectric project. the country. We don't want injustices Once again the Indigenous communities against our communities because if they are strongly opposed to this project, go ahead with their plans to make that whose consequences constitute a viola­ lake, the great volcano in all its power tion of the The Economic, Social and will be angry and will erupt, to punish Continue on page 29 ------28 Abya Yala News ENVIRONMENT with fire and hot ash and to re balance the than they would be without the project." use of alternative fuel sources, such as water, the river will not be calmed by (the The lands that were given as compensa­ solar, geothermal and tidal energy, and piling up oD money The compensations tion to the communities affected by through the creation of micro power that they are offering us we cannot accept Pangue were not of equal quality and in plants that would generate enough elec­ -20 hectares, 80 sacks of flour- these no way improved the living conditions of tricity to satisfy local needs. The focus will not sustain us through our lifetimes. any Pehuenche family After a visit in need to be on planning the use of energy; It won't be enough for our children and early August to the El Barco property, the allocating it to were it is most needed, they will suffer. We say to CO NAMA that land Endesa is offering to the and emphasizing the protection of the we will not leave our lands, we will not be who will be forced by Ralco to relocate, environment. moved by Endesa with their offers of the CONADI director has declared the money because the land is ours, it is territory absolutely uninhabitable. Due to Using our resources in a sustainable where we were born, where we grew up adverse climatic conditions, the scouting way will help nations regain a lost bal­ and now they offer us the El Barco prop­ team couldn't even reach the property ance. Part of that balance with nature will erty; far away from our home and we will The fact that their vehicles got stuck, cou­ be the respect for the Pehuenche people not go. We are tired of repeating our pled with the amount of snow, gave them and their culture thus giving the demands and having nothing change. a taste of " the difficulties that the area Pehuenche people the opportunity to live We, as the leaders of our communities of would present for a normal life." their lives, without losing their culture. the Alto Biobio, are taking the initiative to One of the major achievements towards make thing change because there is no this balance is the creation of the justice in what is happening to us." Alternatives to Indigenous Law which has been in effect Pangue and Ralco for over 2 years, and will hopefully Frei is openly siding with the industry ensure that Indigenous communities will giants in the Ralco battle. Mauricio Pangue and now Ralco are glaring have the opportunity to live their lives Huenchulaf, the director of CONADI (the example of the true social, environmen­ with dignity and justice. The law grants national commission on Indigenous tal, and economic costs of large-scale the Indigenous people an opportunity to development), stated that Ralco was in hydroelectric dams. Their impacts can take an active role in the development of violation of the Indigenous Development never be completely assessed before it is projects in and around their areas. Such Law of 1992, which was established to too late. The human and envi- projects include agricultural protect and promote Indigenous cultures ronmental costs of large dams BY USING NATURAL and grazing projects, and and aid in their self-determined develop­ never outweigh their reper­ RESOURCES MORE wood crafting. The ment. The law guarantees to ethnic com­ cussions: the blow to biodi­ Pehuenche people can con­ munities the possession of their lands and versity, the climate changes, EFFICIENTLY, tribute to the productivity of authorizes CONADI to initiate legal pro­ the flooding that drowns the COUNTRIES LIKE the country; while generat­ ceedings to impede the destruction or land which is later stalked by ing income for themselves. exchange of these lands. For opposing droughts. If it is ever possible CHILE CAN Ecotourism has been sug­ the construction of Ralco and questioning for human beings to learn CONTINUE gested as another alterna­ its legality, Huenchulaf was dismissed from the past, we should con­ tive. Economist Michael from his post. CONADI's director had sider large dams, with the TO GROW Nelson has pointed out that become an obstacle impeding the imple­ damage they have caused ECONOMICALLY in the future, areas sur­ mentation of a political economy Frei's worldwide, as an obsolete WITHOUT RELYING rounding the Biobio could hard-line policies are becoming more technology that development bring in over US$ 45 mil­ apparent as the controversy continues. banks should stop subsidiz­ ON DESTRUCTIVE lion per year to the national The Chilean government also seems to be ing. TECHNOlOGIES. economy looking for a subtle way to eliminate Domingo Namuncura, the new director Of course, there are alternatives to the The development of the Pehuenche of CONADI, because of his position on flooding, genocide of communities and people does not depend upon the con­ the issue. They are proceeding cautiously destruction of the ecosystems that sur­ struction of the power plants around the so as not to provoke the ire of public rounds the Biobio. By using natural Biobio, nor does the productivity of Chile opinion. resources more efficiently; countries like have to rely on them for its economic Chile can continue to grow economically growth. The Pehuenche people are not without relying on destructive technolo­ alone in this fight, as the IFC and the World The Update gies. Primary in this new approach to Bank have funded projects that have violat­ planning is educating a populous to ed Indigenous communities all around the Vivianne Blancot, the executive direc­ understand the costs involved in the cre­ world in the name of "development." Short tor of the National Commission on the ation of dams, and a government that will term gains need to be weighed against the Environment (CONAMA) has stated that be able to efficiently allocate resources long term repercussions of such damaging the resettlement plan, by Endesa "is well and wisely control the generation, distri­ projects. Chile would do well to research done and assures that, in any circum­ bution and use of electricity For example, energy alternatives that take into account stance, the Pehuenche communities will improving current energy combustion, social as well as environmental diversity be better off in terms of quality of life electric engines and lighting, through the and sustainability ,

Vol. 10 No.4 29 ENVIRONMENT • I • I - I Reserve: e

n the 14th of May; 1997, the in this region in harmony with these diverse ecosystems for centuries. With Venezuelan government the complete breach of their fundamental approved presidential decree territorial and human rights, the treat­ 1850 which contains plans for the use of ment of the native peoples is shamefully poor. The proposed plans make it clear the Imataca Rain Forest Reserve. The that these communities are considered reserve will be shared out to mining com­ valuable only as tourist attractions or manual labor sources for the future panies and timber merchants, in an effort development projects. to achieve total industrialization of the If all three million hectares are used region. for commercial activities as planned, the An elaborate infrastructure is planned effects on the Imataca Forest Reserve will for the complete exploitation, processing be devastating and many of the repercus­ and commercialization of the natural sion will mirror those that occurred in the resources of the reserve. The area, the North of Orinoco after exploitation there. equivalent of the size of Holland, con­ Consequences included a shortage of tains three and a half million hectares of water, an irretrievable loss of much of the rain forests. Imataca is an abundantly bio­ region's biological heritage, an increase in diverse region, rich in genetic resources, the frequency of droughts and flooding, water and energy Gold, diamonds, iron and the destruction of a permanent for­ ore, bauxite (the principal ore of alu­ est. This will also happen with the minum), magnesium, and numerous Imataca Rain forest reserve. Because of other valuable mineral reserves are found contracts with timber merchants, large throughout the territory The ancient parts of the reserve will be deforested, forests are home to four Indigenous peo­ encouraging erosion. The areas' rivers ples: the Warao, the Karina, the Akawaio will be contaminated and a significant and the Pem6n. It has long been recog­ amount of flora and fauna will be I nized that the protection and preserva­ destroyed due to the influx of industries. tion of this biologically affluent environ­ ment should be a national priority Since its inception, Decree 1850 has I violated a number of laws and treaties. The 'Plan de Ordenamiento' and regc The failure of the promised public con­ ulation of use of the Imataca reserve will sultation period points up the true nature undoubtedly have serious negative effects of the document as one displaying the on the rain forest itself, the Indigenous manipulation of interests and exploita­ peoples who live there, as well as the frag­ tion of the natural wealth of the forest for ile ecosystem of the region as a whole. the benefits of a minority. On May 7th, the government held a meeting to present The Indigenous peoples will effective­ the plan to the public. Unfortunately, the ly be prisoners in their own territory; as a majority of those present at the meeting result of the widespread exploitation had only received the document the pre­ activities which will severely impede the vious day. It was decided that the atten­ continuance (and expansion) of their dees had until the 30th of May to present subsistence activities. The Plan de their opinions. However, the Council of Ordenamiento does not recognize or Ministers approved the plan on the 14th, acknowledge the territory belonging to shattering any faith in a true public con­ the Indigenous peoples, who have lived sultationperiod and showing this gesture Continue on page 31 30 Abya Yala News ENVIRONMENT Continued from page 11 to be a parody of real democratic pro­ scale of 1:250,000. This myopic investi­ alternative lands in all possible cases. All ceedings. Ironically; in a press release ear­ gation cannot provide adequate informa­ of these qualifications leave a lot room lier in the year, Vice Minister of the tion about the majority of the ecosystems for interpretation. Environment Luis Castro had proudly in the region. The University denies announced that "for the first time the involvement and says that the plan is Convention 169 is a great improve­ minister of the environment is opening based on a misinterpretation of their ment on the previous convention dealing the process of public consultation so that research. Many find it ironic that an emi­ with Indigenous peoples, but it has not persons and organizations interested in nent administrative organization would totally succeeded in abolishing the inte­ the ecological ramifications can listen to contradict the opinions of technical and grationist approach of Convention 107. the presentation of the instrument, share scientific specialists, who are demanding Articles 8 and 9, dealing with Indigenous their opinions and plan their responses/ the abolishment of the decree. On the customs and customary law, are good observations." Aside from being consid­ 14th of june the faculty approved a pro­ examples of this. Article 8 guarantees ered "grave" and "deplorable", the process nouncement soliciting the President of Indigenous peoples the right to retain of public consultation carried out by the the Republic to revoke Decree 1850. This their own customs and institutions, government violated five articles of the was followed by numerous other formal where these are not incompatible where Organic Law on the Ordering of Territory; denunciations of the plan by politicians, Customs and customary law shall be rec­ which afford the public the right to be academics, and over twenty Venezuelan ognized as long as they are not conflict­ informed and consulted about matters environmental groups. ing with national laws and regulations. pertaining to this natural area. This means that recognition will only fol­ Decree 1850 continues to cause a low if these customs are compatible with Presidential decree 1850 also violates wave of protest in the country. The the national law, for this to happen a lot two different national laws mandating church, questioning the environmental of customs and customary rules will have congress' approval for any project that policy of the government, believes that to be adapted. affects national territory; specifically the the plan for Imataca will amount to envi­ forest reserves. The plan establishes a ronmental degradation and fails to take Convention 169 does not reflect the fundamental change in the use of the into account the rights of Indigenous wishes of Indigenous peoples regarding Imataca reserve and the granting of large people. Some members of the Venezuelan their recognition as peoples, the issue of mineral concessions without the autho­ National Parliament refer to the decree as territories, nor does it include the con­ rization of the National Congress. a means of legalizing the destruction of cepts of consent and control. So in this According to the Law of Forests, Grounds this reserve. According to a ex-governor sense one might conclude that and Water, forest reserves are never of the state of Bolivar, which comprises Convention 169 is not a great step for­ allowed to be colonized or transfered much of the Imataca reserve, Decree ward in the recognition of the rights of without the approval and authorization of 1850 contains technical, legal and politi­ Indigenous peoples. On the other hand, the national congress. The decree also cal failures. The social Christian party of it was necessary to provide for a lot of violates a number of international laws Venezuela, COPEI, urged the government diverse situations worldwide and agree­ and conventions, signed by Venezuela to revise Decree 1850 claiming it disre­ ment could not be always be reached on and ratified by the National Congress, garded the opinion of major sectors of the many of these issues. It was obvious that including the 1941 Washington population and reminding that the the governments were not going to ratify Convention on the protection of flora, Council of Ministers does not have the the Convention if it was so strong that it fauna, and natural beauty of the right to decide about the use of national would require them to change their legal Americas; the Convention on territory. They requested that the govern­ systems; and without ratifications there Biodiversity; the Convention on Climate ment study the true riches of the forest, are no obligations or standards at all. Change; Agenda 21, the global action the fragile ecology, the Indigenous com­ plan endorsed by Venezuela at the 1992 munities and the biodiversity. Scientists It is important to remember that ILO World Summit on the Environment in are asking the government to abolish Conventions are minimum standards Rio de janeiro, as well as ILO Convention decree 1850, to create mining limits, and and that no governments can ever create 107 on the protection of Indigenous peo­ to conduct a new investigation to get a new legislation based on Convention ple. It also ignores domestic law con­ realistic idea about the effects of the plan. 169, and thereby disregard national reg­ cerned with the territorial and other fun­ ulations that grant more extensive rights. damental rights of Indigenous peoples. In response to the public outcry, Convention 169 is one of the instru­ President Caldera has said that the open­ ments which stands along side the Besides these irregularities and viola­ ing of Imataca to mining and wood national regulations and legal frame­ tions, the plan is causing controversy exploitation represents the desire of the work. The ILO has proven to have built within the professional sector of the population. One minister even went so up quite an expertise on Indigenous nation. The government claims that the far as to say that the plan is a continua­ issues, starting with the adoption of plan was created with the help of the fac­ tion of the Venezuelan government's poli­ Convention 107 in 1957. This knowl­ ulty of the Forestry and Environmental cy of "rescuing the Imataca reserve" edge, together with the supervisory pro­ Science Department at the University of because the ecosystem is already cedure, has the capacity to contribute to the Andes. The government surveys of being destroyed by wildcat mining an improving human rights situation for the Imataca Researve were done on a workers .... the world's Indigenous peoples ....

Vol. 10 No.4 31 H u M A N RiGHTS

zation that has consultative status. In ver the last few decades, Colonialism, was a real turning point in Indigenous activities within the United practice, Indigenous representatives Indigenous peoples have been Nations. Indigenous leaders became therefor often rely on human rights successful in impacting versed in the myriad ways to access the NGO's. UN bodies. United Nations (UN) decisions by creat­ To defend their rights at an interna­ ing activities therein. Forming these UN legislation permits NGO's to cre­ tional level, Indigenous peoples have to ate activities within the UN-system, espe­ find other ways to participate in the UN activities within the UN system has cially within the Economic and Social decision making processes on issues that allowed Indigenous peoples to influence Council (ECOSOC) system. However, concern them. the decision making processes, and move the national governments within the ECOSOC must first grant these organiza­ In addition to their participatory role away from being the objects of discus­ tions a consultative status. At this in the drafting process of the International Labor sions to being voices in these debates per­ point, no Indigenous organiza- tion has been successful in Organization's Convention taining to their rights. obtaining such a consulta­ 169 and other internation­ tive relationship with the al conventions and con­ ferences, Indigenous The first dramatic change began to ECOSOC. Because these NGO's represent peoples peoples have developed occur in the 1960's, when Indigenous activities in relation to peoples began to organize themselves who aren't represented by the national govern­ the UN Working Group and began asserting their ideas about on Indigenous their rights to self determination. In the ments of the countries in which they live, govern­ Populations (WGIP). With 1970's, with the support of various non­ their presence at internation­ governmental organizations (NGO's) and ments are often anxious about the influence of these al NGO Conferences ('77/'81), a number of international conferences, Indigenous representatives called Indigenous peoples continued to forge a organizations. Since it is only nation- al governments who vote on the granting attention to their desperate living condi­ pan-Indigenous movement to fight for tions, their struggle to survive as commu­ their rights of survival. The 1977 of consultative status, it's almost impossi­ ble for Indigenous NGO's to obtain such nities, and their under representation in International NGO Conference on the processes that formulate the stan­ Discrimination Against Indigenous a formal free-ticket to develop activities at all ECOSOC levels. As of now, dards incorporating their rights. This Populations in the Americas, organized heightened awareness within the interna­ by the NGO Sub-Committee on Racism, Indigenous organizations' only means of access is· to be represented by an organi- tional community led the UN Radical Discrimirl'ation, Apartheid and Continue on page 33 Abya Yala News 32 H U M A N RIGHTS

Subcommission on Human Rights than the ones in ILO Convention 169, Indigenous Peoples. With no Coordinator (Subcommission on the Prevention of although as a declaration and not a treaty to apply to, is now very vague how Discrimination and Protection of it will never be binding. Indigenous organizations are to gain Minorities) to recommend that the UN access to the working group. Commission on Human Rights and the The Declaration is now being negoti­ ECOSOC establish a working group on ated by a special inter-sessional working In addition to impacting the UN deci­ Indigenous peoples' rights in which group of the Commission on Human sion making process on the Draft Indigenous peoples themselves partici­ Rights. The Commission is a human Declaration, the activities of Indigenous pate. rights organ above the Subcommission peoples in the WGIP also had an affect on consisting of state representatives. The the General Assembly's proclamation of Since 1982 the WGIP has been hold­ Declaration has thereby begun its tortu­ the International Decade for Indigenous ing its annual meeting in Geneva at the ous passage from the expert bodies up to Peoples in 1993 and its consequences. end of July, just before the session of the the highly politicized realm of the UN. After this proclamation, many Subcommission on Human Rights. Here the draft will probably be amended Indigenous speakers at the WGIP asked Consisting of five experts, the and then pass through the ECOSOC to for a deadline for adopting the Working Group has a dual mandate con­ the General Assembly of the UN for final Declaration during the Decade. In addi­ sisting of the study of problems con­ approval. tion, many speakers urged the UN to take fronting Indigenous peoples and the elab­ more operational measures and to show oration of international standards for Like the ECOSOC, the working group stronger political commitment to a per­ Indigenous rights. At every session, hun­ of the Commission on Human manent forum for Indigenous dreds of Indigenous representatives are Rights is open to human THE FACT THAT peoples. present to participate in the drafting of rights NGO's with a consulta­ INDIGENOUS these standards. The WGIP focuses on tive status, but initially not to PEOPLES FROM The debates in the WGIP on Indigenous intellectual property rights as Indigenous NGO's. In the forum show that the AROUND THE well as on a comprehensive investigation response to Indigenous peo­ examination of this question of the treaties that exist between states ples' demand that they be pre­ WORLD, NGO'S, is making some progress. In and Indigenous peoples. The fact that sent at any attempt to define SPECIALIZED UN 1996, most Indigenous peo­ Indigenous peoples from around the their rights, the Commission AGENCIES AND ples agreed that the forum world, NGO's, specialized UN agencies introduced the possibility of GOVERNMENTS should not replace the WGIP, and governments are all free to partici­ participation for Indigenous but should be a high level pate in the Working Group's open meet­ organizations. The process for ARE ALL FREE TO body within the ECOSOC­ ings makes it an excellent forum for mul­ application however is long PARTICIPATE IN system with a wide mandate. tilateral discussions and exchanges of and complicated. The THE WORKING At the latest meeting of the information between these diverse Indigenous organization or GROUP'S OPEN WGIP in July 1997, groups. representative must apply to MEETINGS MAKES Indigenous delegations rec­ the Coordinator of the ommended to the experts In 15 years, the WGIP has made an International Decade for IT AN EXCELLENT that the forum should be on enormous contribution to the develop­ Indigenous Peoples. The FORUM FOR the same level as the ment of standards dealing with the rights Coordinator consults the state MULTILATERAL Commission of Human of Indigenous peoples. Perhaps their government of the concerned DISCUSSIONS AND Rights, and that it should most consequential project is the organization, and then for­ consist of Indigenous repre- Declaration on the Rights of Indigenous wards the information to the EXCHANGES OF sentatives, state representa­ Peoples, created by and for Indigenous UN Committee on NGOs in INFORMATION tives and representatives of peoples. In 1993, the WGIP adopted the New York. It is this body THESE specialized UN agencies, all completed draft of the declaration, which which has the power to DIVERSE GROUPS. with an equal right to partic- was unanimously approved by the decide which Indigenous ipate. Every six months, in experts of the Subcommision on Human organizations are allowed to attend the February and July, the forum should meet Rights in August 1994. This approval is working group of the Commission on in Geneva, and discuss all Indigenous extremely significant because it acknowl­ Human Rights. With 87 out of a 112 issues. These recommendations are now edges that a higher impartial UN organ of applications approved, it seems that the being negotiated by the Subcommission human rights experts has accepted the possibility would now exists for some on Human Rights. Furthermore, special competence of the WGIP to create wider participation of Indigenous repre­ Resolutions have been put forward in the their own proposals concerning their sentatives in the work of the General Assembly concerning the Decade own rights. And whereas the text of the Commissions' working group. However, and the possible establishment of this Declaration is not as strong as a declara­ governments often don't recognize these permanent forum. The issue was also dis­ tion drafted solely by Indigenous partici­ Indigenous organizations, rendering the cussed at special workshops in pants would be, it constitutes standards whole process of application useless. In Copenhagen ('95) and Santiago ('97). for Indigenous rights (including political addition, recent UN reorganization has autonomy, control over resources, and put an end to the position of Coordinator On the whole, the number of UN­ land rights) that are more satisfactory of the International Decade for meetings and activities of concern to Continue on page 35 Vol. 10 No.4 33 j H U M A N RIGHTS

• I

to " I I

emanding the fulfillment of the ing for peaceful solutions to the problems relationship between those who are gov­ wracking the Indigenous communities. erned and those who govern." The San Andres Accords and They left their arms behind when they Zapatistas of the EZLN stressed repeatedly protesting the increasing milita­ embarked on their march, and asked that that they will not form a part of the FZLN, the Mexican government withdraw the esti­ the very organization which they called for. rization of the Indigenous regions of mated 40,000 soldiers at the 200 military They emphasized that the two will be sister Mexico, the Zapatista National Liberation outposts in their home state. organizations, each with similar goals but different approaches. The Frente will Army (EZLN) and its many sympathizers The increased military presence in the adhere to the philosophy of "governing by hit the road on September 8th to make their remote highlands of Chiapas has further obeying" whereas the clandestine, rebel deteriorated living conditions in wing will continue its armed struggle in the long march to the nations' capital. The rebel Indigenous communities. Threatening inci­ mountains of southeastern Mexico. The group undertook the 750-mile journey to dents are on the rise in these regions where EZLN stated that they have great hopes for Mexico City- its first mass excursion out­ people are now virtually surrounded by the the FZLN, but that the two must remain army or the guardias blancas- private para­ separate. They said that they must remain side of Chiapas- to kick start the staled military guards hired by landowners. ready for war but look forward to uniting peace talks with the government and high­ with the front "when there is peace and dig­ On September 12 the procession nity in Mexico." I light the fact that their movement is still I reached Xochimilco and continued march­ , I I ~ I struggling for their initial and basic ing into the Zocalo of Mexico City, where it On Sunday, September 14, the EZLN held a massive political rally Hundreds of met with members of the National demands of respect for the Indigenous peo­ thousands of people attended the demon­ Indigenous Congress (CNI) to discuss the ple in Mexico. stration applauding as the EZLN and the goals and demands of the Indigenous com­ CNI (National Indigenous Congress) munities across the country On the fol­ Filling 50 buses, the 1,111 Zapatistas, speakers called for just and dignified treat­ lowing day an 'Encounter with Civil representing the same number of villages in ment of Indigenous peoples in Mexico and Society' was held in Cuicuilco to provide a rebel held territory, drove out of San the fulfillment of the San Andres Accords. It space for all those who "are not in agree­ Cristobal de las Casas, Chiapas and began was noted that the government's failure to ment with the way things are, who feel that their week long journey. The caravan uphold the promises of the San Andres there is still hope, and who struggle for a steadily increased in size, as the buses Accords is also a failure to uphold ILO better Mexico" to gather and express their stopped to pick up supporters, who came Convention 169. thoughts. down from their Indigenous communities to line the roads and greet the group at each Saturday was perhaps the highlight of The EZLN joined their sisters and r of their stops. Several thousand sympathiz­ the Zapatista army's activities in the capital­ brothers of the FZLN on September 16th to il ers met the rebels at their next stop in the inaugural meeting of the Founding celebrate Mexican Independence Day and juchitan, Oaxaca and again when they Congress of the Zapatista Front of National to attend the closing session of the FZLN reached the capital of Oaxaca the following Liberation (FZLN). The FZLN was con­ Congress. Meetings and events with other day, September lOth. By the time the ceived on january l, 1996 as a response to political and social organizations were held on the 17th, followed by a farewell ceremo­ !~.1: . bulging caravan reached the tiny village of the national consultation for peace and Acatlan, in the state of Puebla, over 2,000 democracy held in August 1995. After a 20 ny for the Zapatistas, who returned to the ! supporters had joined the Zapatistas on month gestation, the FZLN was born this mountains of the southeast on September their march. September 13, realizing what was called for 18th. '9 in the Fourth Declaration of the Lancandon Once in the capital, the Zapatistas had a jungle. As a civic organization committed All quotes from communiques of the busy agenda for the next five days- staging to peace, the Zapatista Front of National Clandestine Indigenous Revolutionary rallies and meeting with other organiza­ Liberation has a specific task ahead of it: Committee-General command of the not to struggle for power "but for a new Zapatista Army of National Liberation. i tions. They emphasized that they are look- I 34 Abya Yala News ------

H U M A N RIGHTS ------Continued from page 33 Indigenous peoples has expanded sub­ level of the Commission on Human tence, as distinct, independent cultures stantially within the last few years. In Rights, the Draft Declaration prepared by with special concerns, acknowledged by March 1996, the above mentioned the WGIP was the subject of detailed the world's most powerful international Indigenous subjects and activities were examination, and it is feared that several bodies. Their mobilization and dedica­ an agenda item at a meeting of the essential provisions adopted by the WGIP tion has led to significant changes in the Commission on Human Rights, for the and the Subcommission on Human way their issues are addressed and acted first time in the relationship between the Rights will be modified restrictively upon, but there is still a lot to be done world's Indigenous peoples and the UN. before Indigenous peoples hold real posi­ The fact that the WGIP is at the bot­ tions of power at the higher levels of the tom of the UN hierarchy makes the suc­ UN system. In the WGIP, Indigenous Conclusion cess a bit of an illusion. Within the UN, peoples need to focus on the strategies The WGIP has become a vast forum governments decide, which makes it nec­ that need to be developed to have an of Indigenous peoples. The impact of this essary for Indigenous peoples to gain impact at all levels of UN decision mak­ group cannot be doubted, as the question access to the higher UN fora. Hence the ing in the future ..... of Indigenous peoples is now solidly debate on the creation of a permanent attached to the list of UN concerns (for forum. Action must not be limited to the Information from: IWGIA (International example, see the 1993 General Assembly level of the WGIP Gains need to be con­ Working Group for Indigenous Affairs), The proclamation of the International Decade solidated. Over the last thirty years, International Service for Human Rights, Nilo for Indigenous Peoples). Indigenous peoples have successfully Cayuqueo, Sharon H. Venne. For more challenged the derogatory procedures information concerning the consultative rela­ Such success has woken up some that have characterized the past, and have tionship between the UN and NGO's see: sleeping national governments. At the made great strides in having their exis- ECOSOC Resolution 1996/31

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Vol. 10 No.4 35 I I

N E w s F R 0 M SA I I C I i i • es

presented these workshops in communi­ constant, yet subtle need to prove herself AIIC is proud to have the pres­ ties that are primarily monolingual, amongst Native men. Many Indigenous ence of Laura Soriano, as a our speaking their own Indigenous languages women who are actively involved in new Executive Director. It is and dialects, and need help with Spanish. Indigenous organizing find that this need She learned to be creative and clear in her to emphasize the importance of mutual important for us to recognize Laura's explanation of these international issues respect is a crucial step in beginning the accomplishments and to acknowledge to the people with whom she worked. consciousness raising amongst our own men in our communities. There is a need her energy and contribution as a young She also worked with the Center for to continue nurturing a reciprocal rela­ Mixteca and Zapoteca woman, originat­ the Homeless Children of the Streets, tionship of respect and responsibility and which provides social services and to constantly reaffirm the value of the ing from Oaxaca, Mexico. Laura has resources for homeless children of roles and responsibilities of Native emphasized that she is guided by the Oaxaca City She worked with these street women. children living amidst intense poverty; words and advice of her elders, her many of whom are young, orphaned, Laura continues to coordinate SAIIC's grandparents and family Her father is Indian children. She could relate to the radio program, "Indigenous Voices" children's experience of explicit discrimi­ which is sent to ll0 Indigenous organi­ Mixteco from a community near nation. zations in Mexico, Nochiztlan, Oaxaca. Laura's mother is a Central and South Zapoteca from Tlacohuaya, Oaxaca. Their While here in the America. From the pos­ San Francisco Bay Area, itive feedback and family migrated to Oaxaca City; where Laura has worked as a encouraging letters of she was raised in a traditional family "community organizer" support from the recip­ with the Center for ients of the radio pro­ environment, as well as being exposed to Third World gram, it is apparent an educational system that to this day, is Organizing, based in that Laura's work has Oakland, California. been very successful. demeaning and discriminatory towards Laura has also provided She is now doing a year Indigenous students. She persevered and valuable input towards long apprenticeship at the initial organizing KPFA, in Berkeley, received a full scholarship to attend and formation of the where she is learning Principia College, in Illinois, where she Abya Yala Fund, work- radio production and ing directly with Laura Soriano, SAIIC's newly engineering. received her Bachelor's degree in Indigenous representa- elected Execut1ve D1rector International Relations. tives and leaders and facilitating their Laura shares with us her enthusiasm, meetings. It is most evident, from her her determination to struggle for the While in University, Laura had the wide range of experiences, that Laura ideals and the cause of Indigenous pea­ opportunity to complete an internship meets each challenge with the greatest ples; to persevere, to be patient, and to be with the Council of Mayan Peoples in the capacity and potential. conscious of the spiritual ways and tradi­ Guatemala countryside. While working tions. Laura is a great inspiration and with the elders in these communities, she During the summer of 1996, Laura example to all Native women. The suc­ defined that her life work and purpose is attended an intensive journalism training cesses and accomplishes of Indigenous to serve and to dedicate herself to issues program in Madrid, Spain. Provided by women are not only personal, but are also relating to Indigenous peoples. EFE, the Spanish International News reflective of the strength of our people. Laura has worked with the Bi­ Agency; it was a successful step in includ­ We at SAIIC are honored to work with National Oaxacan Organization, a grass­ ing Indigenous journalists in the multi­ Laura and to share our experiences, roots Indigenous organization that fights media, mass communications world. The visions and to riurture the on-going for the rights of Mixtec, Zapotec and purpose of the program was to provide an process of assuring the inclusion of Triqui people across both Mexico and the opportunity for Indigenous journalists to Indigenous women in decision making United States. Laura has also provided develop their networking skills, and to processes. workshops on human rights, as well as create a space for Indigenous issues to be educational workshops on international in publication and featured in the various '1fin~t :P~tc~ttdiJ trade agreements that have had a direct communication media. Laura expressed impact on Indigerrous communities. She that one aspect of this challenge was the President of SAIIC's Board of Directors

36 Abya Yala News N E w s F R 0 M SA I I C II - st I , I

mission and vision, we were able to form he SAIIC board of directors, staff a more unified group, and to develop the and interns met in the hills of strategies for realizing a plan of action for the future. Sonoma county this past Labor Day weekend for SAIIC's annual meeting. Our organizational goals for the next The goals were to discuss ways to year are to fortify SAIIC's foundation by initiating a strong resource development strengthen SAIIC as an organization and plan, continuing to focus on staff and to come up with a solid plan for 1998. board development, and instituting new and more efficient systems for operating The three days of meetings were a great the organization. success. A key element of the retreat was These new goals will the strong spiritual element that pervad­ allow SAIIC to better ful­ ed our meetings and guided us in our fill its programmatic objectives, which work and our plans for the future. We center around pro­ came down from the mountain refreshed, viding informa­ tion about South renewed and ready to work hard to nur­ and Meso ture SAIIC as it grows and develops. We American came away with a clear sense of SAIIC's Indian people's efforts to mission and importance, and we feel very defend their confident that with Laura Soriano as human rights, and to attain SAIIC's Executive Director, and with the self-determi­ increased involvement of the board, the nation and pro­ tection of their organization can look forward to a strong environment. and vital future. SAIIC will con­ tinue to facilitate direct communica­ We worked together to refined tion, cultural and spir­ SAIIC's objectives, values, and long-term itual exchange between organizational goals. After carefully Native peoples of the conti­ appraising our performance as an organi­ nent and to provide informa- zation, we came up with a realistic plan tion to Indian organizations and com­ for accomplishing our goals. With the munities so that they can gain access to help of Adriana Ballen, an organization international resources appropriate to development consultant, the board mem­ their activities. To achieve these objec­ bers and staff learned new tools to more tives, SAIIC will execute the following efficiently achieve SAIIC's mission of programs for the 1998 year: to put out developing and managing programs that two editions of Abya Yala News in promote peace, social justice and the full English and two issues in Spanish, to participation of Indian peoples in the record and distribute four radio pro­ decisions and events that affect their grams, and to coordinate the visits of four lives. The board members elucidated Indigenous leaders from the south. We SAIIC's most deeply held values to be are looking forward to implementing the love, respect, honesty; unity; communica­ new strategies and plans developed at the tion, creativity and commitment. By meetings that will help us face the chal­ examining and clarifying SAIIC's values, lenges and opportunities of the future.'9

Vol. 10 No.4 31 B o o K REVIEWS

PROTECTING WHAT'S OURS: genetic resources found in Kuna territory in rights, and a historical analysis of legislation INDIGENOUS Panama. Leonardo Vitieri of the Amazanga pertaining to and affecting Indian peoples. BIODIVERSITY Institute of Science and Technology, an organi­ zation of Indigenous technical and scientific This report is a valuable resource for Compiled and edited by: David Rothschild. 1997. experts, discusses his organization's work in Indigenous communities and provides a con­ 93 pp + appendices, glossary, bibliography. environmental planning and the management cise yet thorough analysis of the laws surround­ Published by: The South and Meso American of natural resources found specifically in the ing Indigenous peoples and their territories. It Indian Rights Center. PO Box 28703. Oakland, Quichua and Shiviar territories in Ecuador. is only available in Spanish, and is currently CA 94604. These three interviews present various strate­ being updated for a second edition. It is free to gies, concerns, and goals of Indigenous groups all Indigenous communities and organizations; e need to be part of these [sci­ working to preserve biodiversity and protect for all others it is US$ 15.00. For a copy please entific] projects because the against bioprospecting on Indigenous lands. In contact Survival International, 11-15 Emerald knowledge that they are taking addition, there are suggestions for the establish­ Street, London WClN 3QI, UK Fax: 44 171 is from our people, from our forests" (from ment of Indigenous guidelines on these issues, 242 1771. Email: [email protected] Interview with an extensive glossary of terminology, and valu­ Eudicio Castillo, able appendices that contain relevant exerpts of page 78). international agreements and conventions on biodiversity ease Protecting What's Ours: Indigenous Protecting What's Ours draws a clear pic­ ~ou A'fi!.- Peoples and ture of the complex issues surrounding biodi­ GO'f?'\[All-0 lf'tl!thA Biodiversity is versity while providing possible strategies and designed specifi­ solutions to Indigenous communities, organiza­ -to A 'ftctp-tloM. cally for use by tions and people confronting this lastest symp­ Indigenous peo­ tom of Globalization. It is an invaluable altb'fAttM.8 -tkt 'fdtA.st o{ ples and organiza­ resource in the struggle for control and conser­ tions. Its intro­ vation of knowledge and genetic resources. J)\:_[[C'.s ductory discus­ lAh.st publlcAttOM., sion of the issues LOS INDiGENAS Y TIERRA surrounding biodiversity is simultaneously "f'fottct[M.8 ?\)kAf.s Du'f.s: accessible and comprehensive. Written in plain LAS LEYES DE LATINA language from an Indigenous perspective, the [M.?'\[81!.-M.OlA.S feoplt AM.?'\ book explores major Indigenous concerns By Wilfreda Ardito. Published by Survival about protecting biodiversity It defines and International, 11-15 Emerald Street, London WC "f>[o?'\[ l!t'f.Si-t-0" discusses bioprospecting, intellectual property 1N 3QI, UK. rights, the Human Genome Diversity Project, fl{.s.s(ovt C[,\ltuv-A( Ctvt-l:ex and agricultural diversity The book also his informative report is designed for overviews international instruments dealing Indigenous organizations and their sup­ fl(.s.slovt Shu-t with biodiversity and indicates how these can porters throughout Latin America. The Cbttbowt 2/rtk 3. ZStk Shut~) be potentially utilized by Indigenous communi­ bulk of the report is a detailed country-by­ ties in the struggle to conserve biodiversity and country analysis of all national legislation relevant SAvt "fv-Avtdsw control the commercialization of knowledge to Indigenous peoples, particularly relating to land and ovt "fy[J.A~ ~ol!tJM.btY' 21, 1ggr and resources. territory rights. Every country in Meso and South America is examined, "Rt{vY~kmot:l:~: C pmJ Protecting What's Ours: Indigenous from Belize to 0-r Peoples and Biodiversity also includes three Surinam, 8 Salvador i'V'o8V'Am: Cr-8 rmJ particularly compelling interviews with leaders to Argentina. i'nwt:l:A-\:[o~-t o{ -tkt book of Indigenous organizations that deal with bio­ Other sections JI{A-t[vt fc.mu[cA~-t 'iZ)A~-tct b~ 6t~-tA 'f'AcAlv\o diversity issues. Marcela Mendieta of the deal more specifi­ C\)[v\w Skobllt~-t8 o{ Bartolome Aripayalla Association discusses her cally with the 6~-twt~-tho co~-t lo~ foA~A~ organization's work conserving seed diversity varying concepts l~-tv\[8t~-tou~ i'ko-to 6X"ktbt1: with the Quispillacta in Peru. Eudicio Castillo of 'Indigenous", A~-tv\ 6-tk~-ttc fou~[c talks about the his work with PEMASKY (the the importance of Study Project for the Management of land to these com­ Tickets available at the door Wilderness Areas of Kuna Yala,) which acts to munities, laws Sliding Scale: $10 and Up For More Info. Call: (51 0) 834-4263 conserve biodiversity and regulate access to relating to cultural L=---~--'

38 Abya Yala News AKNOWLEDGEMENTS

e would like to thank the following people who W have generously supported the work of SAIIC, by sharing their time, their services, or their homes with us. We value your committment to the Indigenous cause. Adriana Ballen of Community Consulting Network Edgar Ayala of Grassroots Publishing janine Antoine and Richard Trudell Holbrook Teter Asata lman, KPFA Samuel Guia, KPFA Jean Colvin

Miguel Alse of Autumn Press I

A very special thanks to, those individuals and 1 foundations who have generously contributed funding to support the programs of SAIIC: Dana Alston of Public Welfare Chris Peters of Seventh Generation Scott Neilsen Penny Cabot The Stillwaters Fund of The Tides Foundation Carol Brouillet Marianne Hegeman Ted Chen of The MacArthur Foundation The Foundation for Deep Ecology Maya Miller Victoria Ward Jefferey Bronfman judy Hatcher of Funding Exchange Bobsy Draper The judith Stronach Fund of the Vanguard Public Foundation

We greatly appreciate the dedication of our volunteers, interns and staff: Paulus Bouma Wouter te Kloeze Nick Luem jessine Foss Sibylle Sholz Billly Trice jessica Falkenhagen

---- Vo1.10N0.4 39 ITEMS AVAILABLE FROM SAlle

CONAIE (Confederaci6n de Anagrama Nacionalidades Indfgenas del Ecuador) [email protected] Centro Mapuche centromapU@bariloche,com,ar Defensoria Maya Testimonies of Indian women orga- defemaya@guate,net ASEO (Asociacion Ecologica del Fundaci6n Rigoberta Menchu Tum nizing throughout the Continent. Oriente )aseo@aseo,rds,org,bo rmj@infovia,com,gt Statements from grassroots Indian Kechuaymara kechuaym@caobaentelnetbo women leaders from South and PROEIB Andes CONPAH (Confederation of Autonomos Peoples of Honduras) Meso America. Includes resolutions [email protected],bo from Indigenous women's meet- ----....-conpah%conpah@sdnhon,org,hn.--- CCPY (Comissao Pro- Yanomami) ings, a directory of Indian women's spccpybr@ax,ibase.org,br Frente Indfgena Oaxaquefio Binacional organizations and key contacts, ClMI (Conselho Indigenista Missionaro) fiob@laneta,apc.org ,t'1~'f1:'"

South and Meso American Indian Rights Center (SAlle) Non-profit P.O. Box 1870], Oakland, CA 94604 Organization US Postage PAID Oakland, CA Permit No. 79