The Indigenous World-2003

•

• •

• 1 • 2 • • • • • • • • THE INDIGENOUS

WORLD 2002-2003

•

IWGIA •

• Copenhagen 2003 •

• 3 • 4 • • •

• E-mail: [email protected] - www.iwgia.org - [email protected] E-mail: •

•

Tel: (+45) 35 27 05 00 - Fax: (+45) 35 27 05 07 05 27 35 (+45) Fax: - 00 05 27 35 (+45) Tel: •

• Classensgade 11 E, DK 2100 - Copenhagen, Denmark Copenhagen, - 2100 DK E, 11 Classensgade

GROUP FOR INDIGENOUS AFFAIRS INDIGENOUS FOR GROUP

INTERNATIONAL WORK INTERNATIONAL

Development Cooperation. Development

Ministry of Foreign Affairs and the Norwegian Agency for Agency Norwegian the and Affairs Foreign of Ministry

This book has been produced with financial support from the Danish the from support financial with produced been has book This

Administrator: Karen Bundgaard Andersen Bundgaard Karen Administrator:

Deputy Director: Lola García-Alix Lola Director: Deputy

Director: Jens Dahl Jens Director:

is published annually in English and Spanish by IWGIA by Spanish and English in annually published is The Indigenous World Indigenous The

tion do not necessarily reflect those of the International Work Group. Work International the of those reflect necessarily not do tion

should not occur without the consent of IWGIA. The opinions expressed in this publica- this in expressed opinions The IWGIA. of consent the without occur not should

welcome as long as the source is cited. However, the reproduction of the whole BOOK whole the of reproduction the However, cited. is source the as long as welcome

is in contained information of distribution and reproduction The The Indigenous World Indigenous The

ISSN 0105-4503 ISBN 87-90730-74-7 ISBN 0105-4503 ISSN

: Eks-Skolens Trykkeri, Copenhagen, Denmark Copenhagen, Trykkeri, Eks-Skolens : Prepress and Print and Prepress

: Elaine Bolton & Birgit Stephenson Birgit & Bolton Elaine : English proofreading English

: Elaine Bolton Elaine : English translation English

: Jorge Monrás Jorge : Cover, typesetting and maps and typesetting Cover,

: Lola García-Alix Lola : Indigenous Rights Indigenous

: Marianne Wiben Jensen Wiben Marianne : Africa

: Diana Vinding Diana : Middle East Middle

: Christian Erni and Sille Stidsen Sille and Erni Christian : Asia

: Diana Vinding Diana : Australia and the Pacific the and Australia

: Alejandro Parellada Alejandro : South America South

: Diana Vinding Diana : Mexico, Central America & the Circumcaribbean the & America Central Mexico,

: Kathrin Wessendorf Kathrin : The Circumpolar North & North America North & North Circumpolar The

Regional editors: Regional

: Diana Vinding Diana : Compilation and editing and Compilation

THE INDIGENOUS WORLD 200 200 WORLD WORLD INDIGENOUS INDIGENOUS THE THE 3 3 200 200 2- 2- THE INDIGENOUS WORLD 200 WORLD INDIGENOUS THE 3 200 2- THE INDIGENOUS WORLD 200 200 WORLD WORLD INDIGENOUS INDIGENOUS THE THE 3 3 200 200 2- 2- CONTENTS

Editorial ...... 8

About our contributors ...... 11

PART I - Region and country reports

The Circumpolar North The Arctic Council ...... 22 Greenland ...... 26 Sápmi Norway ...... 31 Sweden ...... 35 Finland ...... 38 Russia ...... 40 Alaska ...... 47 Nunavut ...... 52 Nunavit ...... 55

North America Canada ...... 58 The United States of America ...... 64

Mexico and Central America and the Circumcaribbean Mexico ...... 70 Guatemala ...... 77 Nicaragua ...... 83 Costa Rica ...... 91 Panama ...... 96 The Circumcaribbean ...... 102 Belize ...... 102 Trinidad ...... 106 The Guyanas ...... 109

South America

Colombia ...... 114

Venezuela ...... 122 •

•

Ecuador ...... 129 •

•

Peru ...... 133 •

•

Bolivia ...... 143 • •

• 5 • 6 • • •

•

r ak ...... 330 ...... Lanka Sri •

•

...... 315 ...... India •

•

ea ...... 308 ...... Nepal

agaeh...... 298 ...... Bangladesh

South Asia South

...... 291 ...... Nagalim

um ...... 283 ...... Burma

as...... 276 ...... Laos

...... 269 ...... Vietnam

...... 263 ...... Cambodia

hiad...... 257 ...... Thailand

aasa...... 252 ...... Malaysia

noei ...... 245 ...... Indonesia

io ooae...... 239 ...... Lorosa’e Timor

...... 233 ...... Philippines

...... 227 ...... Taiwan

ie ...... 222 ...... Tibet

aa ...... 218 ...... Japan

East Asia & Southeast Asia Southeast & Asia East

aut ...... 215 ...... Vanuatu

...... 214 ...... Tonga

ooo sad ...... 214 ...... Islands Solomon

au e una...... 212 ...... Guinea New Papua

asalIlnsadFM...... 212 ...... FSM and Islands Marshall

iiai...... 211 ...... Kiribati

...... 211 ...... Fiji

needn cutis...... 210 ...... countries Independent

oten ain Ilns CM)...... 210 ...... (CNMI) Islands Mariana Northern

...... 208 ...... Bougainville

eA ah Fec oyei)...... 208 ...... Polynesia) (French Maohi Ao Te

aay(e aeoi)...... 204 ...... Caledonia) (New Kanaky

et au ...... 202 ...... Papua West

uhn(um ...... 202 ...... (Guam) Guahan

cuidntos...... 201 ...... nations Occupied

h aii ein...... 193 ...... region Pacific The

utai ...... 186 ...... Australia

Australia and the Pacific the and Australia

hl ...... 177 ...... Chile

...... 169 ...... Argentina

...... 163 ...... Paraguay

...... 157 ...... Brazil Middle East The Bedouins of Israel ...... 336

North and West Africa The Amazigh People ...... 344 The Touareg People ...... 350

The Horn of Africa and East Africa Ethiopia ...... 358 Kenya ...... 364 Tanzania ...... 372

Central Africa and Cameroon The Great Lakes Region ...... 382 Rwanda ...... 384 Burundi ...... 387 Democratic Republic of Congo ...... 395 Republic of Congo ...... 391 Cameroon ...... 392

Southern Africa Namibia ...... 398 Botswana ...... 403 South Africa ...... 409

PART II - Indigenous Rights 8th Session of the Working Group on the Draft Declaration ...... 416 First session of the Permanent Forum ...... 427 The UN Special Rapporteur visits the Philippines ...... 431 Report from the African Commission ...... 440 French Guiana: making good use of the UN System: ...... 442

PART III - IWGIA publications and general informations ...... 446

•

• •

• 7

• 8 general and, while tuberculosis is a main killer, many deaths are deaths many killer, main a is tuberculosis while and, general • •

• years. Life expectancy is 20 years lower than among Russians in Russians among than lower years 20 is expectancy Life years. •

•

the indigenous population has fallen by almost half over the last 7 last the over half almost by fallen has population indigenous the •

•

stark example is that of the Evenk Autonomous Okrug (Russia) where (Russia) Okrug Autonomous Evenk the of that is example stark •

ties, threatening their cultural as well as their physical survival. One survival. physical their as well as cultural their threatening ties,

were seen as undermining the social fabric of indigenous communi- indigenous of fabric social the undermining as seen were

of adequate health services were another major concern. These issues These concern. major another were services health adequate of

land and resource deprivation) and high morbidity rates due to a lack a to due rates morbidity high and deprivation) resource and land

Social issues such as poverty, unemployment (often a corollary of corollary a (often unemployment poverty, as such issues Social

human rights abuses and even massacres. even and abuses rights human

set-back. In several instances, land issues triggered off violence, gross violence, off triggered issues land instances, several In set-back.

be the most privileged indigenous peoples in the world - experienced a experienced - world the in peoples indigenous privileged most the be

the Saami reindeer pastoralists of northern Europe – often considered to considered often – Europe northern of pastoralists reindeer Saami the

dispossession increasingly threatened their livelihood. Even livelihood. their threatened increasingly dispossession land where

toralists, who suffered similar hardships in Ethiopia and Tanzania and Ethiopia in hardships similar suffered who toralists,

ervation or logging interests. Another exposed group was the pas- the was group exposed Another interests. logging or ervation

them in order to make way for commercial hunting, environmental cons- environmental hunting, commercial for way make to order in them

2002 with either denied access to their ancestral lands or eviction from eviction or lands ancestral their to access denied either with 2002

(India), the San, the Hadzabe and the Ogiek (Africa) were all faced during faced all were (Africa) Ogiek the and Hadzabe the San, the (India),

dwellers. The Wanniyala-Aetto (Sri Lanka), the forest-dwelling Adivasis forest-dwelling the Lanka), (Sri Wanniyala-Aetto The dwellers.

The most vulnerable groups were, as usual, hunter-gatherers and forest and hunter-gatherers usual, as were, groups vulnerable most The

On the whole, therefore, the land issue situation remained critical. remained situation issue land the therefore, whole, the On

of obstruction by farmers and livestock rearers. livestock and farmers by obstruction of

Bolivia, the land titling process was in some cases stalled because stalled cases some in was process titling land the Bolivia, in and

acclaimed land agreement made in 2001 with indigenous organisations; indigenous with 2001 in made agreement land acclaimed

Tingni; in Kerala (India), the government failed to comply with the much- the with comply to failed government the (India), Kerala in Tingni;

Inter-American Court of Human Rights (IACHR) in favour of Awas of favour in (IACHR) Rights Human of Court Inter-American

setbacks. In Nicaragua, the government did not fulfil the rulings of the of rulings the fulfil not did government the Nicaragua, In setbacks.

are either not always followed up by implementation, or often suffer often or implementation, by up followed always not either are

new legislation, High Court decisions and international commitments international and decisions Court High legislation, new

Unfortunately, however, 2002 also provided examples of the fact that fact the of examples provided also 2002 however, Unfortunately,

Malaysia in favour of the Orang Asli’s customary and property rights. property and customary Asli’s Orang the of favour in Malaysia

on the Adaman Islands, the other by the High Court in Peninsular in Court High the by other the Islands, Adaman the on

preme Court of India regarding the removal of settlers from tribal reserves tribal from settlers of removal the regarding India of Court preme

and two landmark rulings on indigenous land rights - one by the Su- the by one - rights land indigenous on rulings landmark two and

Nicaraguan parliament of Law No.445 on indigenous communal lands, communal indigenous on No.445 Law of parliament Nicaraguan

victories were recorded such as the adoption by the by adoption the as such recorded were victories legal of number A

cern of indigenous peoples throughout 2002-2003. throughout peoples indigenous of cern

he struggle for land and resource rights remained the major con- major the remained rights resource and land for struggle he EDITORIAL alcohol-related. This, unfortunately, is the case in many other indigenous societies but, as a rule, not something openly acknowledged as a problem. This also used to be the case in Alaska although the high rates of suicides, accidents and domestic violence were known to be alcohol and drug related. A new approach building on local solutions has changed this situation and communities are now for the first time openly addressing the problems linked to alcoholism and drug abuse. An overarching and recurrent theme of many of the articles, however, is globalisation and its different aspects, which appears to be increasingly affecting indigenous peoples worldwide. One foremost example, of course, was the global impact of George W. Bush’s “war against terrorism” and the conflict in Iraq. From Chile to India and the Pacific, governments eagerly used the pretext of anti- terrorism to clamp down on indigenous individuals and organisations that were simply asserting their rights. The build-up to the Iraq conflict meant that attention was diverted from other events, making it possible for certain governments to intensify their repression of marginalized population groups, without attracting any significant international concern. A case in point was the situation in the Negev desert (Israel), where the Israeli government not only stepped up its anti-Bedouin policy of house demolitions but also introduced a new strategy: crop destruction by toxic spraying. Other examples were the Indonesian government’s military intervention in Aceh, and the increased military presence in Chiapas (Mexico). Indigenous peoples also felt the increased impact of economic globalisation processes. Not only through the activities of multinational corporations but equally through the proliferation of free trade agreements and regional development plans, like the North American Free Trade Agreement (NAFTA), the Plan Puebla Panama,and the forthcoming Free Trade Agreement for the Americas (FTAA) that were seen as new threats to indigenous territories and resources. In other parts of the world, like Cameroon, Cambodia and Namibia, indigenous peoples feared the impact of cross-border developments (e.g. pipe-lines and hydroelectric dams) that would affect their livelihood. Globalization, however, is multifaceted, and although it has become a negatively laden concept for many indigenous peoples, it can also be beneficial to them. 2002-2003 saw many examples of this.

The Permanent Forum held its first session that confirmed its

potentially important role. It also became institutionalised with the •

•

establishment of its permanent Secretariat in New York. The UN •

•

Special Rapporteur, Rodolfo Stavenhagen, delivered two much praised • •

• reports from his missions to Guatemala and the Philippines to the •

• 9 • 10 • • • • • •

•

Coordinating editor Coordinating

Diana Vinding Diana

continue in 2003-2004. in continue

between indigenous organisations. It is to be hoped that this trend will trend this that hoped be to is It organisations. indigenous between

2002 saw several initiatives in South America to further the unity the further to America South in initiatives several saw 2002

can play a major and decisive role. It is therefore positive to note that note to positive therefore is It role. decisive and major a play can

states”, indigenous peoples’ organisations need to be strong so they so strong be to need organisations peoples’ indigenous states”,

societies with whom they live alongside, within the borders of nation of borders the within alongside, live they whom with societies

political relations in their own right, on an equal footing with the with footing equal an on right, own their in relations political

peoples’] participation in forming a new model of social, legal and legal social, of model new a forming in participation peoples’]

context of a new universal legal awareness that recognises [indigenous recognises that awareness legal universal new a of context

However, to fully benefit from what the Paraguay report calls “this calls report Paraguay the what from benefit fully to However,

handicrafts. or music, books, films, whether

eir various cultural expressions cultural various eir th sharing by and conferences; demic

wide by organizing international meetings, exchange visits and aca- and visits exchange meetings, international organizing by wide

possible for indigenous peoples to make themselves known world- known themselves make to peoples indigenous for possible

Finally, this volume also documents how globalization has made it made has globalization how documents also volume this Finally,

intellectual property rights, and a joint strategy in dealing with the EU. the with dealing in strategy joint a and rights, property intellectual

lenges together. This included a framework legislation to protect Pacific protect to legislation framework a included This together. lenges

peoples into a stronger, more cohesive community, able to face chal- face to able community, cohesive more stronger, a into peoples

Pacific Islands, and 2002 witnessed the consolidation of the Pacific the of consolidation the witnessed 2002 and Islands, Pacific

Pacific, the Pacific Islands Forum has emerged as a united voice of the of voice united a as emerged has Forum Islands Pacific the Pacific,

gional effort with a strong indigenous participation and focus. In the In focus. and participation indigenous strong a with effort gional

global view of indigenous issues. The Arctic Council is another re- another is Council Arctic The issues. indigenous of view global

should also be seen as the result of international efforts to ensure a ensure to efforts international of result the as seen be also should

Court on Human Rights (IACHR) in in (IACHR) Rights Human on Court Latin American countries, American Latin most

peoples in Africa, and the active role played by the Inter-American the by played role active the and Africa, in peoples

on Human and Peoples’ Rights towards the recognition of indigenous of recognition the towards Rights Peoples’ and Human on

At regional level, the process underway in the African Commission African the in underway process the level, regional At

towards indigenous peoples have been considerably furthered considerably been have peoples indigenous towards

tions, the concern and the responsibility of the United Nations system Nations United the of responsibility the and concern the tions, Commission on Human Rights. With these two new “global” institu- “global” new two these With Rights. Human on Commission ABOUT OUR CONTRIBUTORS

IWGIA would like to extend warm thanks to the following people and organisations for having contributed to The Indigenous World 2002- 2003. We would also like to thank those contributors who have wished to remain anonymous and are therefore not mentioned below. A special thanks goes to those who took the initiative and have contributed to our two new sections - the Circumcaribbean and the Middle East (the Bedouins of Israel.) Without the help of all these people this book would not have been published.

PART I

The Circumpolar North & North America

This section has been compiled and edited by Kathrin Wessendorf, Arctic Program Coordinator, IWGIA

Kathrin Wessendorf is an anthropologist and IWGIA’s Arctic Pro- gramme Coordinator.(Arctic Council) Mette Uldall Jensen is an eskimologist from the University of Co- penhagen. She has been an active member of the IWGIA local group in Denmark for many years. (Greenland) Rune Fjellheim is an economist and works for the Saami Council as head of the Arctic and environmental unit. He is also co-owner of and senior advisor for Jaruma AS, a company working with Saami and Indigenous Peoples issues. (Sápmi - Norway) Stefan Mikkaelson is a reindeer owner from northern Sweden. He has been a board member of the Saami Council since 1996 and its vice-president since 2001. He is a member of the Indigenous Peoples Secretariat’s board. (Sápmi - Sweden) Leif Rantala is a teacher of Saami language and culture at the University of Lapland, in Rovaniemi, Finland. (Sápmi - Fin-

land)

Olga Murashko is an anthropologist and co-founder of the IWGIA •

•

local group in Russia. She works in close collaboration with •

•

RAIPON on indigenous peoples and legal rights in the Rus- • •

• sian Federation. Thomas Køhler has a MA in Russian and •

• 11

• 12

is an anthropologist and the director of the of director the and anthropologist an is Barrera Hernández Barrera •

•

• and an assistant researcher at the Colegio de México. México. de Colegio the at researcher assistant an and Abel •

•

Mexican National School of Anthropology and History (ENAH) History and Anthropology of School National Mexican •

•

is an ethnohistorian. He is a professor at the at professor a is He ethnohistorian. an is Gabriel Baeza Espejel Baeza Gabriel •

gramme Coordinator for Mexico, Central America & Pacific, IWGIA. Pacific, & America Central Mexico, for Coordinator gramme

This section has been compiled and edited by Diana Vinding, Pro- Vinding, Diana by edited and compiled been has section This

Mexico, Central America and the Circumcaribbean the and America Central Mexico,

) ( societies. non-state and states between relationship USA

at the University of Nebraska. Her research interests include the include interests research Her Nebraska. of University the at

thropology at the Anthropology and Ethnic Studies Department Studies Ethnic and Anthropology the at thropology

works as an assistant professor of cultural an- cultural of professor assistant an as works Martha McCollough Martha

) liament.( Canada

on discussions on First Nations matters in the Canadian Par- Canadian the in matters Nations First on discussions on

lations and legislative history. He maintains a watching brief watching a maintains He history. legislative and lations

is a consultant on Canadian parliamentary re- parliamentary Canadian on consultant a is Michael Posluns Michael

) ( [email protected] Gerard. Nunavik

on social issues is located. Contact: located. is issues social on

parative Aboriginal Condition, where the the where Condition, Aboriginal parative databank M ETRINORD

on Arctic issues, he holds the Canada Research Chair on Com- on Chair Research Canada the holds he issues, Arctic on

versité Laval, Québec, Canada. The author of numerous books numerous of author The Canada. Québec, Laval, versité

is a sociologist and political scientist at Uni- at scientist political and sociologist a is Gérard Duhaime Gérard

) ( Nunavut. of government Nunavut

lives in Iqaluit, Nunavut, where he works for the for works he where Nunavut, Iqaluit, in lives Jack Hicks Jack

) ( May. this opment Alaska

expects to complete her baccalaureate degree in Rural Devel- Rural in degree baccalaureate her complete to expects

worked for more than twenty years in Native organizations. She organizations. Native in years twenty than more for worked

is Yup’ik and Athabascan and has and Athabascan and Yup’ik is 2003. spring Gloria Simeon Gloria

will receive her Master’s Degree in Rural Development in Development Rural in Degree Master’s her receive will

merged into the Alaska Peninsula Corporation since 1980. She 1980. since Corporation Peninsula Alaska the into merged

of five Alaska Native Land Claims villages, which have been have which villages, Claims Land Native Alaska five of

piaq/Alutiiq from South Naknek, has been the general manager general the been has Naknek, South from piaq/Alutiiq

among Alaska’s indigenous leaders. leaders. indigenous Alaska’s among a Sug- a , , Nielsen Jane Mary

and state government to assist and promote capacity building capacity promote and assist to government state and

uses his 25 years of experience in Alaska Native corporations Native Alaska in experience of years 25 his uses

opment Programme at the University of Alaska Fairbanks. He Fairbanks. Alaska of University the at Programme opment

is an Inupiaq and a MA student on the Rural Devel- Rural the on student MA a and Inupiaq an is Jim La Belle La Jim

indigenous issues in Russia. ( Russia. in issues indigenous ) Russia Political Science from Denmark and works as a consultant on consultant a as works and Denmark from Science Political Centre for Human Rights of the Montaña region in Guerrero, an NGO based in Tlapa, Mexico. Web page: www.tlachinollan.org (Mexico) Santiago Bastos and Manuela Camus are social anthropologists and researchers at FLACSO-Guatemala, and the authors of Entre el mecapal y el cielo. Desarrollo del movimiento maya en Guatemala. 2003. Guatemala: Cholsamaj and FLACSO-Guate- mala. Contact: [email protected] (Guatemala) Dennis Williamson Cuthbert is an economist and the director of the Research and Investigation Centre of the Atlantic Coast of Nicaragua, CIDCA. Contact: [email protected] (Nicaragua) Gilbert González Maroto is an indigenous Brunca and the director of the Centre for Indigenous Development (CEDIN S.C). [email protected] (Costa Rica) Atencio López is a Kuna lawyer. He is President of the NGO “Napguana”. (Panama) Joseph O. Palacio is Garifuna and holds a doctorate in social anthropology from the University of California at Berkeley (1982). He is Resident Tutor and Senior Lecturer at the Uni- versity of the West Indies School of Continuing Studies in Belize, a position he has held for twenty years. He has undertaken extensive research and published widely on the indigenous peoples of Belize, notably the Garifuna people. Contact: [email protected] (Belize) Maximilian Forte is an Australian-trained anthropologist whose doctoral research and publications have focused on the history and cultural revitalization of the Caribs of Arima, Trini- dad. He currently serves on the editorial boards of two online information resources, the Caribbean Amerindian Centrelink (www.centrelink.org), and Kacike: The Journal of Caribbean Amerindian History and Anthropology (www.kacike.org). He also currently serves as the Arima Caribs’ Webmaster. (Trinidad) Fergus MacKay is a US-trained lawyer and the coordinator of the Legal and Human Rights and Three Guyanas Projects for the Forest Peoples Programme, UK. (The Guyanas)

South America

•

This section has been compiled and edited by Alejandro Parellada, •

•

IWGIA’s South American Programme Coordinator and General Edi- • •

• tor of IWGIA’s quarterly journal, Asuntos Indígenas. •

• 13 • 14 • • • • •

•

) ( doctorate. his preparing is he where Chile •

ies such as CEPAL and GTZ. Presently he lives in Mexico in lives he Presently GTZ. and CEPAL as such ies

consultant on indigenous affairs for various international bod- international various for affairs indigenous on consultant

Sciences. He conducts research and works as an international an as works and research conducts He Sciences.

is Chilean and holds a Master’s Degree in Social in Degree Master’s a holds and Chilean is Alvaro Bello Alvaro

) ( Rights. Argentina

its lawsuit before the Inter-American Commission for Human for Commission Inter-American the before lawsuit its

legal advisors supporting the Lhaka Honhat organisation in organisation Honhat Lhaka the supporting advisors legal

Social Studies (CELS) forming part of the team of technical/ of team the of part forming (CELS) Studies Social

erers and their rights. She works at the Centre for Legal and Legal for Centre the at works She rights. their and erers

sity of Buenos Aires, specializing in the field of hunter gath- hunter of field the in specializing Aires, Buenos of sity

is an anthropologist and lecturer at the Univer- the at lecturer and anthropologist an is Carrasco Morita

former intern-scholar at the IACHR. IACHR. the at intern-scholar former (Paraguay)

Rights on behalf of three indigenous communities. He is a is He communities. indigenous three of behalf on Rights

sion on Human Rights and the Inter-American court of Human of court Inter-American the and Rights Human on sion

responsible for submitting cases to the Inter-american Commis- Inter-american the to cases submitting for responsible

Tierraviva’s legal department and department legal Tierraviva’s of member a is Ramírez Andrés

sileiro. Brazil ) (

lawyer and works in the NGO Warä Instituto Indígena Bra- Indígena Instituto Warä NGO the in works and lawyer

belongs to the Pankararu people. He is a is He people. Pankararu the to belongs Paulo Celso de Oliveira Oliveira de Celso Paulo

) ( CEJIS. for rights peoples’ enous Bolivia

ment Cooperation Service, SNV, and a consultant on indig- on consultant a and SNV, Service, Cooperation ment

is a lawyer for the Dutch Develop- Dutch the for lawyer a is livia. Ana Cecilia Betancur Cecilia Ana

indigenous and farmer organisations in the lowlands of Bo- of lowlands the in organisations farmer and indigenous

governmental organisation that provides legal assistance to assistance legal provides that organisation governmental

the Centre for Legal Studies and Social Research is a non- a is Research Social and Studies Legal for Centre the CEJIS, CEJIS,

[email protected]; [email protected] . ( . [email protected] [email protected]; ) Peru

digenous and environmental issues. Contact: issues. environmental and digenous

,which publishes an electronic bulletin specialising in in- in specialising bulletin electronic an publishes ,which

charge of the Indigenous Information Service SERVINDI Service Information Indigenous the of charge

ence of the Indigenous Peoples of Peru, COPPIP, and in and COPPIP, Peru, of Peoples Indigenous the of ence

is Technical Secretary of the Permanent Confer- Permanent the of Secretary Technical is Jorge Agurto Jorge

) ( (ORPIA). Venezuela

Regional Organisation of Indigenous Peoples of Amazonas of Peoples Indigenous of Organisation Regional

is the General Coordinator of the of Coordinator General the is José Gregorio Díaz Mirabal Díaz Gregorio José

enous Council for Peace. ( Peace. for Council enous ) Colombia

Cauca, CRIC. He is currently a member of the National Indig- National the of member a currently is He CRIC. Cauca,

a well-know leader of the Regional Indigenous Council of the of Council Indigenous Regional the of leader well-know a

is an indigenous Kokonuco from Cauca and Cauca from Kokonuco indigenous an is José Domingo Caldón Domingo José Australia and the Pacific

This section has been compiled and edited by Diana Vinding, Central America & Pacific Programme Coordinator,IWGIA .

Peter Jull is Adjunct Associate Professor, School of Political Sci- ence & International Studies, University of Queensland, Bris- bane, Australia. (Australia) Motarilavoa Hilda Lini is the Director of the Pacific Concerns Resource Centre (PCRC) based in Fiji. Born in Vanuatu, she has a degree in journalism and was for many years a Member of Parliament in Vanuatu. She has also been part of the government on several occasions, and last held the portofolio of Min- ister of Justice, Culture, Religion and Women. Jimmy Nâunââ, from Kanaky (New Caledonia), is the former Assistant Director - Decolonisation & Indigenous Rights at PCRC in Suva, Fiji Islands. Web site: www.pcrc.org .fj (The Pacific)

Asia

This section has been compiled, edited and partially written by Chris- tian Erni, Asia Programme Coordinator, and Sille Stidsen, Assistant Asia Programme Coordinator, IWGIA.

East and Southeast Asia

Tomek Bogdanowicz is doing research on an Ainu video-collaboration project. He occasionally contributes articles on Ainu affairs to English-language publications. Regrettably, this contribution was submitted without any active Ainu participation in the wake of the untimely death of Masahiro Konaka, a regular IWGIA contributor on Ainu affairs. (Japan) Charlotte Mathiassen is a social anthropologist and a consultant on development projects. She has worked with Tibetan communities in the Himalayas and on Tibetan issues in general for

many years. She is an active member of the Danish Tibet Sup-

port Committee and a member of the Network for Indigenous •

•

Peoples in Denmark.(Tibet) •

•

Shunling Chen is a non-indigenous volunteer staff member of the • •

• Association for Taiwan Indigenous Peoples’ Policies (ATIPP), •

• 15

• 16

ast Asia for 16 years, and has been living in Laos for the for Laos in living been has and years, 16 for Asia ast Southe • •

•

resource management and indigenous issues in mainland in issues indigenous and management resource •

• originally from Canada, has been working on natural on working been has Canada, from originally ,

Ian Baird Ian •

•

Centre for Human Ecology Studies of the Highlands. ( Highlands. the of Studies Ecology Human for Centre ) Vietnam •

the Australian National University. She has been working at the at working been has She University. National Australian the

is a Vietnamese student of environmental science at science environmental of student Vietnamese a is

Tu Kien Dang Kien Tu

network. network. (Cambodia)

natural resource development and an indigenous advocacy indigenous an and development resource natural

in Ratanakiri province since 1999, supporting community-based supporting 1999, since province Ratanakiri in

is an Australian volunteer who has been working been has who volunteer Australian an is Graeme Brown Graeme

Forests in Chiang Mai, Thailand. Thailand. Mai, Chiang in Forests (Thailand)

Alliance of the Indigenous and Tribal Peoples of the Tropical the of Peoples Tribal and Indigenous the of Alliance

working at the International Secretariat of the International the of Secretariat International the at working

communities in Thailand for over six years. She is currently is She years. six over for Thailand in communities

has worked with IMPECT in indigenous and tribal and indigenous in IMPECT with worked has Helen Leake Helen

Thailand. Thailand. (Malaysia)

enous Peoples Pact Foundation (AIPP), based in Chiang Mai, Chiang in based (AIPP), Foundation Pact Peoples enous

currently working as the Secretary General of the Asia Indig- Asia the of General Secretary the as working currently

founder of the local indigenous organisation PACOS. She is She PACOS. organisation indigenous local the of founder

is Kadasan from Sabah, Malaysia. She is co- is She Malaysia. Sabah, from Kadasan is

Jannie Lasimbang Jannie

rakat Adat Nusantara). Adat rakat (Indonesia)

enous peoples’ umbrella organisation AMAN (Alyansi Masya- (Alyansi AMAN organisation umbrella peoples’ enous

nager of the Secretarial Office of the Indonesian national indig- national Indonesian the of Office Secretarial the of nager

is the Information and Communication Ma- Communication and Information the is Emilianus Ola Kleden Ola Emilianus

) ( 2001. Timor Lorosa’e Timor

visited Timor Lorosa’e on a networking trip for IWGIA in July in IWGIA for trip networking a on Lorosa’e Timor visited

including three IWGIA documents (1980, 1984 and 1998). He 1998). and 1984 (1980, documents IWGIA three including

edited several books on international affairs and the mass media, mass the and affairs international on books several edited

skole, a junior college, in Aarhus, Denmark. He has written and written has He Denmark. Aarhus, in college, junior a skole,

teaches history and Latin at Aarhus Katedradral- Aarhus at Latin and history teaches Torben Retbøll Torben

) ( ance. The Philippines The

, Chairperson, Cordillera Peoples Alli- Peoples Cordillera Chairperson, , and Oro de Joan Carling Joan

dinator, Tabang Mindanaw, Mindanaw, Tabang dinator, , LRC-Cagayan , Jocelyn Villanueva Jocelyn

gramme for Southeast Asia, Asia, Southeast for gramme , Executive Coor- Executive , Milet Mendoza Milet

, Coordinator, NTFP-Exchange NTFP-Exchange Coordinator, , from tions Pro- Crissy Guerrero Crissy

and partly written the article on the Philippines, with contribu- with Philippines, the on article the written partly and

IWGIA Asia Programme Coordinator, has compiled has Coordinator, Programme Asia IWGIA Erni, tian Chris

ing and other means. means. other and ing (Taiwan)

Taiwan indigenous peoples through policy-making, bill lobby- bill policy-making, through peoples indigenous Taiwan

ples, and as a research group, seeks to promote the rights of rights the promote to seeks group, research a as and ples,

ATIPP works for the empowerment of Taiwan indigenous peo- indigenous Taiwan of empowerment the for works ATIPP an NGO established and run by Taiwan indigenous activists. indigenous Taiwan by run and established NGO an last 11 years. He is President of the Global Association for People and the Environment, a Canadian NGO active in Laos. (Laos) Michele Keegan, (American) Altsean-Burma’s Research Officer, has been working with the Free Burma Movement for six years. Al- tsean-Burma (Alternative Asian Network on Burma) is a South- east Asian network of groups and individuals supporting human rights and democracy in Burma. (Burma) Luingam Luithui, a Tangkhul Naga, is a human rights advocate. For twenty-five years, he has been actively involved in local and regional networking of indigenous peoples and building alliances with NGOs. (Nagalim)

South Asia

The Jumma Peoples Network (JUPNET) is an organisation established and run by indigenous Jummas based in various countries of Europe and elsewhere. JUPNET seeks to promote the rights of the indigenous Jummas through dialogue, negotiation and other peaceful means. Sanjeeb Drong, a Garo from northern Bangladesh, is the Secretary General of the Bangladesh Indig- enous Peoples Forum, a national forum representing 45 different indigenous communities in Bangladesh. He has published extensively on indigenous issues through books and the print media in Bangladesh. (Bangladesh) Balkrishna Mabuhang is a lecturer at the Central Department of Population Studies at Tribhuvan University, Kathmandu. He has been active in the Nepal Federation of Nationalities (NEFEN) for a number of years. NEFEN is a national umbrella organization for indigenous peoples in Nepal. Balkrishna Mabuhang has been the General Secretary of the organization since 2000. (Nepal) C. R. Bijoy is a human rights activist based in Tamil Nadu, South India. For the past sixteen years he has been involved in and associated with indigenous issues and organisations in India and has written about these and associated matters. Samar Bosu Mullick is a political activist, teacher and researcher who has been

working in solidarity with the indigenous peoples of Jharkhand

for the last quarter of a century. He was one of the frontline people •

•

in the Jharkhand separate state movement. He has compiled the •

•

article on Jharkhand in cooperation with the following people and • •

• organizations: People’s Union for Civil Liberties, Tony Herbert, •

• 17

• 18 grès Mondial Amazigh”, which has a membership of more of membership a has which Amazigh”, Mondial grès • •

• he founded in 1978. He is also the Vice-President of the “Con- the of Vice-President the also is He 1978. in founded he •

•

and President of the Amazigh association “Tamaynut”, which “Tamaynut”, association Amazigh the of President and •

•

is an Amazigh from Morocco. He is a lawyer a is He Morocco. from Amazigh an is

Hassan Idbalkassm Hassan •

. journal, quarterly Indigenous Affairs Indigenous

ditor of IWGIA’s of ditor E General and Coordinator Programme Africa IWGIA

This section has been compiled and edited by Marianne W Marianne by edited and compiled been has section This Jensen, iben

Africa

) ( [email protected] Contact: Israel

of “ of ” (1986). ” Terrible Days - Social Divisions and Political Paradoxes in Israel in Paradoxes Political and Divisions Social - Days Terrible

Council for Israeli-Palestinian Peace (founded in 1975), and the author the and 1975), in (founded Peace Israeli-Palestinian for Council

a newsletter published by the Israeli the by published newsletter a of editor the is He The Other Israel, Other The

peace movement founded in 1992, advocating Israeli-Palestinian peace. Israeli-Palestinian advocating 1992, in founded movement peace

tivist and the spokesperson of Gush Shalom (Peace Bloc) - a grassroots a - Bloc) (Peace Shalom Gush of spokesperson the and tivist

is an Israeli peace ac- peace Israeli an is [email protected]. Keller Adam

a Master’s Degree in Conflict Resolution and Israel Studies. Contact: Studies. Israel and Resolution Conflict in Degree Master’s a

issues of systemic discrimination through actions of resistance. She has She resistance. of actions through discrimination systemic of issues

nalized sectors in Israel/Palestine, raising public awareness awareness public raising Israel/Palestine, in sectors nalized around

mental justice organization that works with indigenous and margi- and indigenous with works that organization justice mental

founder and director of Bustan L’Shalom, a grassroots social/environ- grassroots a L’Shalom, Bustan of director and founder

is the is and from tributions

Brous Devorah . Keller Adam Brous Devorah

IWGIA Programme Coordinator, with con- with Coordinator, Programme IWGIA by written , , Diana Vinding Diana

The article on the Bedouins of Israel has been compiled and partly and compiled been has Israel of Bedouins the on article The

The Middle East Middle The

interpreter at the annual WGIP meeting at the UN. UN. the at meeting WGIP annual the at interpreter (Sri Lanka) (Sri

the indigenous people’s language. In 1996 she served as their as served she 1996 In language. people’s indigenous the

since 1977. She speaks the major language of the country and country the of language major the speaks She 1977. since

conducted research among the Wanniyala-Aetto of Sri Lanka Sri of Wanniyala-Aetto the among research conducted

Norway, where she will defend her Ph.D dissertation. She has She dissertation. Ph.D her defend will she where Norway,

ington State University) attached to the University of Tromsoe, of University the to attached University) State ington

, is a Cultural Anthropologist (M.A. from Wash- from (M.A. Anthropologist Cultural a is , Wiveca Stegeborn Wiveca

people, environment and development. and environment people, ) (India

lisher of Grassroots Options, North East India’s first magazine on magazine first India’s East North Options, Grassroots of lisher

nalist based in Shillong, Meghalaya, northeast India, and pub- and India, northeast Meghalaya, Shillong, in based nalist

Kumar Rana, and Souparna Lahiri. Lahiri. Souparna and Rana, Kumar is a jour- a is Linda Chhakchhuak Linda than 70 Amazigh associations in North Africa and Europe. (The Amazigh people) Melakou Tegegn is Ethiopian and Director of Panos Ethiopia. He is currently the chairman of the board of the Pastoralist Forum Ethiopia. He has worked in the Middle East, North Africa, South East Asia and Europe as coordinator for various NGO capacity building and advocacy projects. He is a Ph. D-candidate at the University of South Africa and conducts research on the link between the state of democratization/civil society and poverty in Ethiopia. He also teaches political science at Addis Ababa University. (Ethiopia) Naomi Kipuri is a Maasai from Kajiado district of Kenya. She is an anthropologist by training. Naomi Kipuri taught at the Univer- sity of Nairobi and is now a development consultant. She conducts research and development and is keen on development concerns and issues relating to human rights and the rights of indigenous peoples. ( Kenya) Benedict Ole Nangoro, is a Maasai from Kiteto, in Tanzania. He currently works with CORDS, a local NGO working with the indigenous Maasai people in collective land demarcation, mapping, registration and titling. (Tanzania) Dorothy Jackson is the Africa Programme Coordinator for the Forest Peoples Programme and its charitable wing, the Forest Peoples Project. Lucy Mulvagh is FPP’s Project Support Officer. John Nelson is FPP’s Policy Advisor. FPP is working with Pygmy peoples in Cameroon and the Great Lakes region to support their capacity building and advocacy work. Contact: [email protected] ; [email protected]; www.forestpeoples.org (Central Africa and Cameroon) Robert K. Hitchcock is a Professor of Anthropology and Geogra- phy at the University of Nebraska-Lincoln, USA. His forthcoming book is about Organizing to Survive: Indigenous Peoples’ Political and Human Rights Movements.(Botswana and Namibia) Megan Biesle has long worked with Ju|’hoan San communities in Botswana and Namibia as an advocate and documentarian. She is the President of the Kalahari Peoples Fund. (Namibia) Nigel Crawhall is an activist for indigenous peoples’ rights. He

has worked with the Indigenous Peoples of Africa Co-ordinating

Committee (IPACC) and is project manager on an indigenous •

•

knowledge and cultural resources management and training •

•

project with the South African San Institute (SASI). (South Africa). • •

• •

• 19 • 20 • • • • • •

•

) good use of the UN system UN the of use good

the Coordinator /delegate of F.O.A.G. ( F.O.A.G. of /delegate Coordinator the French Guiana: Making Guiana: French

is an indigenous leader from French Guiana, and Guiana, French from leader indigenous an is Alexis Tiouka Tiouka Alexis

) ( gramme. The African Commission on Human and Peoples’ Rights Peoples’ and Human on Commission African The

is the Coordinator of IWGIA’s Africa Pro- Africa IWGIA’s of Coordinator the is Jensen Wiben Marianne

) ( resolution. The UN Special Rapporteur visits the Philippines the visits Rapporteur Special UN The

peoples and development, indigenous education and conflict and education indigenous development, and peoples

researcher, Rovillos has done extensive work on indigenous on work extensive done has Rovillos researcher,

candidate in History at the University of the Philippines. As a As Philippines. the of University the at History in candidate

University of the Philippines College in Baguio and a Ph.D- a and Baguio in College Philippines the of University

Education). He is also an Assistant Professor in History at the at History in Professor Assistant an also is He Education).

enous Peoples’ International Centre for Policy Research and Research Policy for Centre International Peoples’ enous

is a research coordinator of Tebtebba (Indig- Tebtebba of coordinator research a is Raymundo D. Rovillos D. Raymundo

ples)

(The First Session of the UN Permanent Forum on Indigenous Peo- Indigenous on Forum Permanent UN the of Session First (The

is Coordinator of Human Rights Activities, IWGIA. Activities, Rights Human of Coordinator is Lola García Alix García Lola

) Session of the Working Group on the Draft Declaration Draft the on Group Working the of Session

dural aspects of indigenous activism at the UN. ( UN. the at activism indigenous of aspects dural Report on the 8 the on Report th

indigenous movement, and is currently exploring the proce- the exploring currently is and movement, indigenous

Chicago. She has followed and published on the interna the on published and followed has She Chicago. tional

didate in the Department of Anthropology of the University of University the of Anthropology of Department the in didate

is a board member of IWGIA and a Ph.D can- Ph.D a and IWGIA of member board a is Andrea Muehlebach Andrea

man Rights Programme Coordinator, IWGIA. Coordinator, Programme Rights man

This section has been compiled and edited by Lola García-Alix, Hu- García-Alix, Lola by edited and compiled been has section This

Indigenous Rights Indigenous PART II PART PART I PART

REGION AND

COUNTRY REPORTS

•

THE CIRCUMPOLAR NORTH •

•

• •

• 21

• 22 an indicator region. indicator an • •

• relation to regional initiatives. Nowhere is the Arctic mentioned as mentioned Arctic the is Nowhere initiatives. regional to relation •

•

graph 36(i) in relation to climate change and in Paragraph 74 in 74 Paragraph in and change climate to relation in 36(i) graph •

•

that were included in the final Plan of Implementation are in Para- in are Implementation of Plan final the in included were that •

indigenous organisations and Arctic states, the only two references two only the states, Arctic and organisations indigenous

also of global importance. However, despite many efforts by Arctic by efforts many despite However, importance. global of also

and climate change are of particular concern to the Arctic but Arctic the to concern particular of are change climate and (POPs)

ronmental health, as issues such as Persistent Organic Pollutants Organic Persistent as such issues as health, ronmental

The Arctic has become recognised as an indicator of global envi- global of indicator an as recognised become has Arctic The

Canada took the lead in strategising for actions during the meeting. the during actions for strategising in lead the took Canada

Sustainable Development (WSSD) that took place in August 2002. August in place took that (WSSD) Development Sustainable

On a global level, the AC concentrated on the World Summit on Summit World the on concentrated AC the level, global a On

The AC in the WSSD process WSSD the in AC The

into raising its profile internationally. profile its raising into

Finland, the AC has, over the last two years, put particular efforts particular put years, two last the over has, AC the Finland,

several major events that took place. Under the chairmanship of chairmanship the Under place. took that events major several

2002 was a particularly active year for the Arctic Council, due to due Council, Arctic the for year active particularly a was 2002

agement of marine resources, etc. resources, marine of agement

projects on sustainable reindeer husbandry, sacred sites, co-man- sites, sacred husbandry, reindeer sustainable on projects

Working Group (SDWG). The SDWG, for example, is involved in involved is example, for SDWG, The (SDWG). Group Working

Arctic Flora and Fauna (CAFF); and the Sustainable Development Sustainable the and (CAFF); Fauna and Flora Arctic

Protection of Arctic Marine Environment (PAME); Conservation of Conservation (PAME); Environment Marine Arctic of Protection

groups: the Arctic Monitoring and Assessment Programme (AMAP); Programme Assessment and Monitoring Arctic the groups:

The more technical and scientific work is carried out by the working the by out carried is work scientific and technical more The

organisations and NGOs. IWGIA received observer status in 2002. in status observer received IWGIA NGOs. and organisations

Germany, the Netherlands and the United Kingdom), international Kingdom), United the and Netherlands the Germany,

AC also has a number of observers, including states (France, Poland, (France, states including observers, of number a has also AC

enous Peoples of the North (RAIPON) and the Saami Council. The Council. Saami the and (RAIPON) North the of Peoples enous

Circumpolar Conference (ICC), the Russian Association of Indig- of Association Russian the (ICC), Conference Circumpolar

in Council International (GCI), the Inuit the (GCI), International Council in ’ Gwich the (AAC), cil

International Association (AIA), the Arctic Athabaskan Coun- Athabaskan Arctic the (AIA), Association International

tions are also Permanent Participants to the AC. These are: the Aleut the are: These AC. the to Participants Permanent also are tions

way, Denmark/Greenland and Iceland. Six indigenous organisa- indigenous Six Iceland. and Denmark/Greenland way,

are: Canada, the USA, the Russian Federation, Finland, Sweden, Nor- Sweden, Finland, Federation, Russian the USA, the Canada, are:

prising 8 member states with territories in the Arctic realm. These realm. Arctic the in territories with states member 8 prising

he Arctic Council (AC) is an intergovernmental organisation com- organisation intergovernmental an is (AC) Council Arctic he THE ARCTIC COUNCIL ARCTIC THE The Arctic Climate Impact Assessment (ACIA) was presented at a

fringe event at the WSSD and was very well attended and successful.

Furthermore, two Arctic states, Canada and the Russian Federation, •

•

announced at the meeting that they would ratify the Kyoto Protocol •

•

(Canada ratified the protocol on 17 December 2002, Russia has so far • •

1 • not followed up on its promise). •

• 23

• 24 the AC for the next two years from Finland. A new country chairing country new A Finland. from years two next the for AC the • •

• At the end of the meeting, Iceland took over the chairmanship of chairmanship the over took Iceland meeting, the of end the At •

•

and recommendations of the Taking Wing conference. Wing Taking the of recommendations and •

•

similar decision was taken by the ministers concerning the outcomes the concerning ministers the by taken was decision similar •

building component to be included in all Arctic Council activities. A activities. Council Arctic all in included be to component building

the ministers. The meeting endorsed the need for a strong capacity strong a for need the endorsed meeting The ministers. the

ity where the meeting was convened) formalises the decisions made by made decisions the formalises convened) was meeting the where ity

of the Arctic Council. The Inari Declaration (named after the municipal- the after (named Declaration Inari The Council. Arctic the of

the past two years of work and establish guidelines for the future future the for guidelines establish and work of years two past the work

In 2002, another biannual Ministerial Meeting took place to discuss to place took Meeting Ministerial biannual another 2002, In

The ministerial meeting ministerial The

to mainstream gender equality in the Arctic Council. Arctic the in equality gender mainstream to

The recommendations of the conference put emphasis on the need the on emphasis put conference the of recommendations The

Convention 169. Convention

indigenous peoples was stressed, along with the need to ratify ILO ratify to need the with along stressed, was peoples indigenous

cussed. The need for further support for the self-determination of self-determination the for support further for need The cussed.

gender equality although particular indigenous angles were also dis- also were angles indigenous particular although equality gender

indigenous organisations, etc, were considered, all with a view to view a with all considered, were etc, organisations, indigenous

manent Participants and issues such as land rights, self-government, rights, land as such issues and Participants manent

. The second theme was suggested by the Per- the by suggested was theme second The . ” Women against lence

Gender in the Self-determination of Indigenous Peoples Indigenous of Self-determination the in Gender “ Vio- “ and ”

, ” Work and Women “ were: conference the of topics main three The

around 200 participants, mostly women, from all Arctic countries. Arctic all from women, mostly participants, 200 around

, took place in early August in the very north of Finland with Finland of north very the in August early in place took , ” Wing

A conference on gender equality and women in the Arctic, Arctic, the in women and equality gender on conference A Taking “

egy and implementation of capacity building components. building capacity of implementation and egy

importance of including indigenous peoples in the drafting of a strat- a of drafting the in peoples indigenous including of importance

pants of the Arctic Council (the indigenous organisations) stressed the stressed organisations) indigenous (the Council Arctic the of pants

ties of the Arctic Council. From the beginning, the Permanent Partici- Permanent the beginning, the From Council. Arctic the of ties

how capacity building could be implemented in the practical activi- practical the in implemented be could building capacity how

by Canada was rejected but Canada received a mandate to review to mandate a received Canada but rejected was Canada by

and October 2002. A report on a capacity building strategy, presented strategy, building capacity a on report A 2002. October and

ther discussions in the Senior Arctic Officials Arctic Senior the in discussions ther (SAO) meetings in May in meetings (SAO) ’

2001. The outcome of the conference on capacity building led to fur- to led building capacity on conference the of outcome The 2001.

for the recommendations from its Capacity Building workshop of workshop Building Capacity its from recommendations the for

to further outline its general principles and implementation strategies implementation and principles general its outline further to

Alongside this high level involvement, the Arctic Council also tried also Council Arctic the involvement, level high this Alongside Capacity building and gender and building Capacity the council always implies new priorities for its work and Iceland is particularly interested in the human dimension of the council’s work. This is interesting as it has not been a priority of the AC so far. However, given that Iceland is the “only truly Arctic country” (someone once stated that countries such as the US, Russia and even Scan- dinavian countries are psychologically not ‘Arctic countries’ as most of their population lives in the south), this focus is not particularly surprising but nevertheless very encouraging. Iceland’s main priority is the Arctic Human Development Report (AHDR), a new project under the Sustainable Development Working Group that was approved by the Ministers in Inari. The “Report on the State of Sustainable Human Development in the Arctic: Chal- lenges and Opportunities” will draw on available data and other projects under the auspices of the AC and includes chapters such as: “Arctic Economies”, “Arctic Environments and Resource Govern- ance in the Arctic”, “Arctic Political Systems” (including self-government of indigenous peoples), “Arctic Legal Issues”, “Globalisation and the Arctic” and many more. A steering group was set up in 2002 and, by February 2003, the lead authors of the individual chapters had been chosen. The other priorities of the Icelandic chairmanship are: information technology (a conference will take place in 2003) and research cooperation. ❑

Note and Sources

1 Kyoto Protocol, Status of ratification: http://unfccc.int/resource/kpstats.pdf (as per 20 March 2003).

Arctic Council: http://www.arctic-council.org/index.html Indigenous Peoples’ Secretariat: http://www.arcticpeoples.org/ (see especially IPS Update). Taking Wing. Conference Report. Ministry of Social Affairs and Health,

Helsinki 2002.

•

• •

• 25

• 26 and Atassut formed a new Government. new a formed Atassut and • •

• tiations with Atassut to form a new coalition. In January 2003, Siumut 2003, January In coalition. new a form to Atassut with tiations •

•

Enoksen denounced the coalition agreement with IA and began nego- began and IA with agreement coalition the denounced Enoksen •

•

made IA demand that Hans Enoksen step down. Consequently Hans Consequently down. step Enoksen Hans that demand IA made •

order to rid it of negative energies. The healing and the camaraderie the and healing The energies. negative of it rid to order

emony that took place within the Home Rule Government Rule Home the within place took that emony s offices in offices s ’

administration with party colleagues and because of a healing cer- healing a of because and colleagues party with administration

cause Siumut had replaced a number of civil servants in the Home Rule Home the in servants civil of number a replaced had Siumut cause

the new Home Rule Government faced severe internal problems be- problems internal severe faced Government Rule Home new the

Premier of Greenland. Only a few weeks after the elections, however, elections, the after weeks few a Only Greenland. of Premier

a coalition between Siumut and IA, with Hans Enoksen as the new the as Enoksen Hans with IA, and Siumut between coalition a

the Home Rule Parliament in December 2002. The elections resulted in resulted elections The 2002. December in Parliament Rule Home the

finally led to elections for elections to led finally Government, Rule Home the of members the

The power struggle inside Siumut, combined with the charges against charges the with combined Siumut, inside struggle power The

wing IA (Inuit Ataqatigiit) threatened to bring a vote of no confidence. no of vote a bring to threatened Ataqatigiit) (Inuit IA wing

Atassut, threaten to leave the coalition with Siumut while the left- the while Siumut with coalition the leave to threaten Atassut,

law and of using too much money. This made the right-wing party, right-wing the made This money. much too using of and law

members of the Home Rule Government were accused of violating the violating of accused were Government Rule Home the of members

By the autumn, the crisis inside Siumut had worsened, as three as worsened, had Siumut inside crisis the autumn, the By

ing the outlying districts alive is a costly affair. costly a is alive districts outlying the ing

s wish for more independence from Denmark, as keep- as Denmark, from independence more for wish s ’ party the with

development of all parts of Greenland. However, this might clash might this However, Greenland. of parts all of development

With Hans Enoksen, Siumut has adopted a strategy for the equal the for strategy a adopted has Siumut Enoksen, Hans With

and Jonathan Motzfeldt represented two different wings of the party. the of wings different two represented Motzfeldt Jonathan and

his own party. The problems continued during 2002 as Hans Enoksen Hans as 2002 during continued problems The party. own his

the Home Rule Premier, Jonathan Motzfeldt, was no longer leader of leader longer no was Motzfeldt, Jonathan Premier, Rule Home the

a new party leader, Hans Enoksen. This created a situation whereby situation a created This Enoksen. Hans leader, party new a

(the Social Democratic Party), during 2001 led to the appointment of appointment the to led 2001 during Party), Democratic Social (the

An internal struggle within the largest government party, Siumut party, government largest the within struggle internal An

further independence unless living standards can be guaranteed. be can standards living unless independence further

billion) from the Danish state, the Commission will not recommend not will Commission the state, Danish the from billion)

independence. Until an alternative exists to the yearly grant (about 3 (about grant yearly the to exists alternative an Until independence.

better educational level would be needed to create the basis for more for basis the create to needed be would level educational better

native sources of income, development of trade and industry and a and industry and trade of development income, of sources native

presented a report in August 2002 and it was emphasised that alter- that emphasised was it and 2002 August in report a presented

over more responsibilities from the Danish State. The commission The State. Danish the from responsibilities more over

government commission to investigate the possibilities for taking for possibilities the investigate to commission government

n 1999, the Home Rule Government in Greenland established a self- a established Greenland in Government Rule Home the 1999, n

Politics GREENLAND

In foreign politics, 2002 saw the U.S.A. promise to return the old •

•

hunting area, Dundas, close to the US airbase in Thule (northern •

•

Greenland) to its original occupants. The Thule hunters were forced • •

• to move in 1953 due to a military agreement between the US and •

• 27 • 28 • • • •

•

coming years. coming •

•

DKK for investigation of the Greenlandic continental shelf over the over shelf continental Greenlandic the of investigation for DKK •

2003. The Danish government though, has set aside several million several aside set has though, government Danish The 2003.

Denmark does not expect to sign the UN Sea Rights Convention until Convention Rights Sea UN the sign to expect not does Denmark

submitted a rights claim to the UN Sea Rights Commission while Commission Rights Sea UN the to claim rights a submitted

North Pole and the resources of the Polar Sea. Russia has already has Russia Sea. Polar the of resources the and Pole North

has an international perspective with the renewed interest in the in interest renewed the with perspective international an has

The strive for property rights and the hope for oil and mineral finds mineral and oil for hope the and rights property for strive The

to the subsoil to the Greenland Home Rule. Home Greenland the to subsoil the to

by which the Danish government would hand over all property rights property all over hand would government Danish the which by

representatives in the Danish parliament therefore made a proposal a made therefore parliament Danish the in representatives

pendence from Denmark. At the end of 2002, the two Greenlandic two the 2002, of end the At Denmark. from pendence

though, is vital in relation to a desire for more self-reliance and inde- and self-reliance more for desire a to relation in vital is though,

Greenland does not hold the property rights to the subsoil. This right, This subsoil. the to rights property the hold not does Greenland

agreement exists on how to split the rest. This is related to the fact that fact the to related is This rest. the split to how on exists agreement

DKK must be divided fifty-fifty, as in all minerals finds, while no while finds, minerals all in as fifty-fifty, divided be must DKK

to be split between Greenland and Denmark. The first 500 million 500 first The Denmark. and Greenland between split be to

expenses in Greenland. In terms of the income from the gold, this has this gold, the from income the of terms In Greenland. in expenses

shipped to Canada for processing in order to reduce the construction the reduce to order in processing for Canada to shipped

A/S, and hope to start mining in the spring of 2003. The ore will be will ore The 2003. of spring the in mining start to hope and A/S,

poration have created the production company, Nalunaq Goldmine Nalunaq company, production the created have poration

company, NunaMinerals, and the Canadian Crew Development Cor- Development Crew Canadian the and NunaMinerals, company,

Nanortalik (southern Greenland) since the 1980s. The Greenlandic The 1980s. the since Greenland) (southern Nanortalik

With regard to gold, prospecting has been going on in the area of area the in on going been has prospecting gold, to regard With

negative.

good, since the search for oil outside Nuuk in 2001 turned out to be to out turned 2001 in Nuuk outside oil for search the since good,

from Denmark. Concerning oil, the prospects have not been too been not have prospects the oil, Concerning Denmark. from

and thereby making the country more self- reliant and independent and reliant self- more country the making thereby and

gation of both oil and minerals as a means of improving the economy the improving of means a as minerals and oil both of gation

The Greenland Home Rule places great expectations on the investi- the on expectations great places Rule Home Greenland The

Mineral and oil resources oil and Mineral

clean up? The US or Denmark? The debate continues... debate The Denmark? or US The up? clean

dumping ground, causing serious pollution problems.Whose job is to is job problems.Whose pollution serious causing ground, dumping

was later revealed that the US had used the site as a military waste military a as site the used had US the that revealed later was

Dundas. The restitution of Dundas became effective in early 2003. It 2003. early in effective became Dundas of restitution The Dundas.

their fight to regain the title to the whole Thule air base base air Thule whole the to title the regain to fight their and not just not and – Denmark. In recent years, they and their descendants have intensified have descendants their and they years, recent In Denmark. Trade and industry

Although the Home Rule places great expectations on oil and minerals, 75 % of the grants for developing business and industry go to hunting, fishing and farming. According to the Greenlandic Council of Business and Trade, this distorts the structure of the industries and maintains the society dependent upon the fishing industry. Development of other businesses is increasingly needed in times of escalating crisis in the fishing industry. The shrimp fishery, which is far the most important industry in Greenland, is facing the worst crisis ever due to a global overload of the world market, resulting in low prices. To improve the economy and profitability of the fishing industry, a reduction in the number of vessels in the coastal fishery was therefore started during the spring. The large fishing company, Royal Greenland A/S, which is vital for the Greenlandic economy has, as have Home Rule companies in general, often been criticised of having leaders without the abilities to lead a business. This was also the case at the beginning of 2002, when Royal Greenland A/S’s new board took over, comprising only members from the Home Rule’s own ranks. Another example is the scandal of the Home Rule’s corporation Puisi A/S. The corporation should have produced seal sausages and seal oil pills for the Chinese market but faced significant financial problems after only two weeks of production. The Greenlandic parliament wanted to find who was to blame and consequently a Danish firm of solicitors was appointed to advise the Parliament. The final report concluded that most of the company’s senior executives and the accountant had acted irresponsibly. The trial will start in early 2003.

Infrastructure

During 2002, a debate on the closure or downgrading of some of the smaller and more costly airports took place. Air Greenland has to replace its worn out Dash 7 planes with smaller planes in line with the low number of passengers and in order to reduce operation costs.

In addition, overseas flights were discussed as the Scandinavian

company SAS stopped flying to Greenland in 2002. Another topic was •

•

the possible closure of the oversea airport, Narsarsuaq, in southern •

•

Greenland, and the plans to build a new regional airport in Qaqortoq • •

• (also in southern Greenland). Many municipalities have protested •

• 29 • 30 • • • • • •

•

from the new Home Rule Government. Rule Home new the from ❑

tions and the media abroad. The strategy is still awaiting a decision a awaiting still is strategy The abroad. media the and tions

order to counter the growing criticism from animal welfare organisa- welfare animal from criticism growing the counter to order

action plan on how to solve the existing management problems in problems management existing the solve to how on plan action

At the same time, the Home Rule Government wanted to produce an produce to wanted Government Rule Home the time, same the At

involve the population to a larger extent in the management debate. management the in extent larger a to population the involve

educational work on the sustainable use of living resources and to and resources living of use sustainable the on work educational

The former Home Rule Government decided to begin intensive begin to decided Government Rule Home former The

the demands from KNAPK and ease the regulations. the ease and KNAPK from demands the

vened. Anyway, the Home Rule Government decided to comply with comply to decided Government Rule Home the Anyway, vened.

cluding the hunters, even if the council had not formally been con- been formally not had council the if even hunters, the cluding

ment, all parts represented in the Hunting Council were heard, in- heard, were Council Hunting the in represented parts all ment,

to claim the regulations invalid. According to the environment depart- environment the to According invalid. regulations the claim to

The ombudsman, however, could not say whether this was enough was this whether say not could however, ombudsman, The

management.

the Hunting Council, which is to be heard in cases of living resource living of cases in heard be to is which Council, Hunting the

ombudsman that the Home Rule had not presented the regulations to regulations the presented not had Rule Home the that ombudsman

organisation (KNAPK) to complain to the to complain to (KNAPK) organisation ’ hunters and s ’ fishermen the

dissatisfaction caused dissatisfaction ’ hunters The managers. and biologists hunters,

seabird hunting. This caused discussions and disagreement among disagreement and discussions caused This hunting. seabird

bird hunting came into force and prolonged the closed season for season closed the prolonged and force into came hunting bird

January 2002, new and more restrictive regulations concerning regulations restrictive more and new 2002, January 1 On

Living resources Living

Rule Government. Rule

Coast. The airports continue to await the decisions of the new Home new the of decisions the await to continue airports The Coast.

ried by plane to overseas connections in Kangerlussuaq on the west the on Kangerlussuaq in connections overseas to plane by ried

quences when passengers from southern Greenland have to be car- be to have Greenland southern from passengers when quences

by the airport. Neither do they take into account the economic conse- economic the account into take they do Neither airport. the by

112 households in Narsarsuaq who rely entirely on income generated income on entirely rely who Narsarsuaq in households 112

the Home Rule Home the s plans do not account for the expenses of moving the moving of expenses the for account not do plans s ’

landic society at least 292 million DKK (US$ 45 million). Furthermore, million). 45 (US$ DKK million 292 least at society landic

sarsuaq and the building of an airport in Qaqortoq would cost Green- cost would Qaqortoq in airport an of building the and sarsuaq

professor, Gorm Winther. This concludes that the closure of Nar- of closure the that concludes This Winther. Gorm professor, and Narsaq and Nanortalik had a report carried out by the Danish the by out carried report a had Nanortalik and Narsaq and SÁPMI - NORWAY

ince the Alta issue and the subsequent processes leading to the S establishment of the Saami parliament, Norway’s role as defender of indigenous peoples’ rights has been undisputed. The well-known hydroelectric power plant issue in the late 70s and early 80s led to a complete shift in Norwegian policy towards the Saami people, and a series of acknowledgements of cultural and political rights emerged. A brief recapitulation of events during the 80s and 90s should demonstrate the positive progress made over the last couple of decades:

1980 - Saami Rights Commission (SRC) established 1981 - The Guovdageaidnu agreement 1984 - SRC first report 1987 - The Saami Act 1988 - Constitutional amendment §100a 1989 - Saami Parliament established 1990 - Norway first country to ratify ILO Convention169 1990 - The language amendment to the Saami Act 1997 – SRC second report

In addition, several reports have been produced as amendments to the official SRC reports, following pressure from the Saami parliament.

Critical land rights test about to fail?

In 1997, a report on the relationship between the suggested new land management models and international law was published, along with, in 2001, an additional report covering traditional land-use and legal systems. The Saami parliament and all relevant parties embarked on a lengthy round of commenting on the management models proposed in the 1997 report. On the basis of those comments, the Government was supposed to draft a new management model for the so-called ‘state-owned’ land in Finnmark County. Core elements in the report

were the legitimacy of state ownership over traditional Saami owner-

ship, and different management models for a new system of landown- •

•

ership. •

•

On 4 April 2003, the Norwegian government presented the long • •

• awaited bill for new land rights management legislation. Surprisingly •

• 31

• 32 Finnmark. • •

•

it would have been wrong considering the Norwegian population in population Norwegian the considering wrong been have would it •

• t a position that anyone could support, because support, could anyone that position a t ’

pointed, but that wasn that but pointed, •

•

they want to achieve through this, I understand that they are disap- are they that understand I this, through achieve to want they •

But with the position taken by some Saami interested parties on what on parties interested Saami some by taken position the with But

solution in relation to presentation of the bill: the of presentation to relation in solution

Ms Erna Solberg, explained why the government came up with this with up came government the why explained Solberg, Erna Ms

The Minister for Local Government and Regional Development, Regional and Government Local for Minister The

moment, the possibility of this seems very remote. very seems this of possibility the moment,

bill now, after the government has made its proposal but, at the at but, proposal its made has government the after now, bill

The Saami Parliament is, of course, free to support the proposed the support to free course, of is, Parliament Saami The

is in compliance with the ILO convention. ILO the with compliance in is

previous proposals, it is hard to see that the procedural part of this issue this of part procedural the that see to hard is it proposals, previous

of its pocket, even stressing the fact that it is not based on any of the of any on based not is it that fact the stressing even pocket, its of

that the government has chosen to pull a completely new proposal out proposal new completely a pull to chosen has government the that

to argue that they had complied with the requirements of ILO 169. Now 169. ILO of requirements the with complied had they that argue to

the ensuing political process, they would have been in a strong position strong a in been have would they process, political ensuing the

s recommendations and recommendations s ’ report the following bill, final a to through SRC

the very same philosophy. If Norway had followed its exercise with the with exercise its followed had Norway If philosophy. same very the

ment. This may not be in the very same wording but it is definitely with definitely is it but wording same very the in be not may This ment.

shrined, for example, in article 6 of ILO Convention169 as a clear require- clear a as Convention169 ILO of 6 article in example, for shrined,

by indigenous peoples as a basic principle but is also clearly en- clearly also is but principle basic a as peoples indigenous by

affecting indigenous peoples is a principle that is not only expressed only not is that principle a is peoples indigenous affecting

The principle of free, prior and informed consent in all new measures new all in consent informed and prior free, of principle The

No prior consent to the proposed act proposed the to consent prior No

political thinking behind those issues. those behind thinking political

that are clearly problematic, and also to give a description of the of description a give to also and problematic, clearly are that

national legal instruments. I will endeavour to point out some issues some out point to endeavour will I instruments. legal national

principles, at least according to contemporary interpretation of inter- of interpretation contemporary to according least at principles,

that. The new act seems to be introducing a range of problematic of range a introducing be to seems act new The that.

which to stop a flood of new court cases, the end result may be just be may result end the cases, court new of flood a stop to which

of conflict resolution and heralded as a preventive measure with measure preventive a as heralded and resolution conflict of

Although the bill, in its presentation, was wrapped in the rhetoric the in wrapped was presentation, its in bill, the Although

number of court cases. court of number

parties in the region, securing peace and preventing an increased an preventing and peace securing region, the in parties

Justice, the bill is supposed to bridge the gap between the conflicting the between gap the bridge to supposed is bill the Justice,

without any basis in the SRC proposals. According to the Minister of Minister the to According proposals. SRC the in basis any without to all, the Government chose to present a completely new proposal new completely a present to chose Government the all, to No identification of land as required

ILO 169 divides land rights into categories, whereby a distinction is

made between areas where indigenous peoples have the right to “own-

ership and possession”, and areas that have traditionally been shared •

•

with others and where they will have protected access to use those •

•

areas. Steps must be taken to identify these areas in order to guarantee • •

• effective protection of their rights to ownership and possession. •

• 33

• 34 taking it back. it taking • •

•

given it away so that private ownership rights can block the state from state the block can rights ownership private that so away it given •

• t ’ haven we but ownership, the also thus transferred,

responsibility is is responsibility •

•

made a managing construction to which the management and management the which to construction managing a made •

We have not given away the state ownership forever. We have We forever. ownership state the away given not have We

words, when she states that: states she when words,

This is probably also best expressed in Minister Solberg Minister in expressed best also probably is This s own s ’

be far beyond the ambitions of this government. this of ambitions the beyond far be

ognition of Saami traditional ownership and possession seems to seems possession and ownership traditional Saami of ognition

not only safeguarded but, to a large extent, strengthened and rec- and strengthened extent, large a to but, safeguarded only not

As a consequence, government control over Saami territory is territory Saami over control government consequence, a As

without compensation, when necessary. when compensation, without

explicitly stated that land can be expropriated for public purposes public for expropriated be can land that stated explicitly

Land Rights Management body. At the same time, the government has government the time, same the At body. Management Rights Land

” property Finnmark “ proposed the via ownership, new a to nmark

property in Fin- in property ’ state-owned ‘ so-called the transfer to supposed is

to protect non-Saami interests from Saami recognition claims. The act The claims. recognition Saami from interests non-Saami protect to

waters within Saami territory. The main purpose of the act seems to be to seems act the of purpose main The territory. Saami within waters

the fundamental recognition of the existence of Saami rights to land and land to rights Saami of existence the of recognition fundamental the

The Norwegian government has introduced an act that fails to address to fails that act an introduced has government Norwegian The

No recognition of Saami land rights land Saami of recognition No

this bill we have given everyone in Finnmark special rights. special Finnmark in everyone given have we bill this

Finnmark, with its fantastic natural resources, is for everyone. With everyone. for is resources, natural fantastic its with Finnmark,

But more important is to stress that Finnmark, and especially inner- especially and Finnmark, that stress to is important more But

rn Holme, during the presentation, when he stated that: stated he when presentation, the during Holme, rn ø J Mr.

found in a statement by the State Secretary to the Ministry of Justice, of Ministry the to Secretary State the by statement a in found

The political reason for neglecting these requirements may be may requirements these neglecting for reason political The

cation is thus a logical consequence. logical a thus is cation

also affect other parts of some coastal areas. The call for identifi- for call The areas. coastal some of parts other affect also

Finnmark was a basic requirement, and that this may probably may this that and requirement, basic a was Finnmark

cated that recognition of Saami ownership and possession in inner in possession and ownership Saami of recognition that cated

ship between the proposed legislation and international law indi- law international and legislation proposed the between ship

nated by Saami (90%) and that the SRC sub-report on the relation- the on sub-report SRC the that and (90%) Saami by nated

the record, it should be noted that inner Finnmark is totally domi- totally is Finnmark inner that noted be should it record, the

distinguish between Saami and non-Saami in Finnmark County. For County. Finnmark in non-Saami and Saami between distinguish

ment used to support this is that the government does not want to want not does government the that is this support to used ment Norway is failing to comply with this requirement, and the only argu- only the and requirement, this with comply to failing is Norway Still time to overturn the decision?

The bill is now up for approval in the Norwegian Parliament. The Parliament will take it up for decision in Autumn 2003. One could hope for rejection of the bill and a revised process to get the issue back on track but I would be surprised if that were to happen. ❑

SÁPMI - SWEDEN

Toward a Saami convention

he work to establish a Saami convention has been ongoing for T quite some time. The Saami are one people living in four countries: the Russian Federation, Finland, Sweden and Norway. In 2002, the Swedish Minister responsible for Saami issues signed an agreement with colleagues from Finland and Norway, in order to start preparing a joint Nordic Saami convention. Through the Nordic Saami convention, the various legislation concerning Saami issues in Finland, Sweden and Norway will be adjusted in order to make the conditions in the three countries more similar. It will also be based on the lowest level of ILO Con- vention 169. Today, various laws and courts in Sweden are reducing the rights of the Saami people, or the possibilities for the Saami to use the land and waters in a traditional way. It should also be noted that none of the mentioned Nordic ministers is of Saami origin, nor have they been elected by the Saami people. Yet they claim to be Saami ministers. It should also be noted that Sweden, together with the Saami parliament in Sweden, has agreed not to include a large part of Sápmi, i.e. the Sápmi part in the Russian Federation, in an attempt to ease the process. Thus the Saami in one country will not be included in the negotiations on

a Saami Convention that is valid for all Saami.

•

• •

• 35

• 36 arguments based on the lowest possible common denominator. They denominator. common possible lowest the on based arguments • •

• political representatives. Their voices have been really loud and their and loud really been have voices Their representatives. political •

•

have been met with wide protests from the majority groups and their and groups majority the from protests wide with met been have •

•

consequences of a possible Swedish ratification of ILO Convention 169 Convention ILO of ratification Swedish possible a of consequences •

s minor attempts at initiating an investigation into the into investigation an initiating at attempts minor s ’ Government The

ILO Convention 169 Convention ILO

increasing rapidly. increasing

and the division between the Saami and the majority population is population majority the and Saami the between division the and

The Saami in Sweden face a lack of protection in state legislation state in protection of lack a face Sweden in Saami The

. ” tion

Nordic Saami conven- Saami Nordic “ the discuss to inappropriate rather be would

sibilities for exercising traditional Saami rights? In this situation it situation this In rights? Saami traditional exercising for sibilities

one country offers the option of manoeuvring out of the practical pos- practical the of out manoeuvring of option the offers country one

be for the Saami people as one people in four countries, if legislation in legislation if countries, four in people one as people Saami the for be

pmi? What will the consequences the will What pmi? á S in not if knowledge traditional and

should national legislation allow the Saami to express their cultural their express to Saami the allow legislation national should

promoting human rights in other countries all over the world. Where world. the over all countries other in rights human promoting

that it is possible to hold such trials in Sweden, a country that has been has that country a Sweden, in trials such hold to possible is it that

reindeer herders can be exercised in Sweden. It is also quite significant quite also is It Sweden. in exercised be can herders reindeer

case to court was the uncertainty about where the rights of Saami of rights the where about uncertainty the was court to case

Court. The reason given by the private landowners for bringing this bringing for landowners private the by given reason The Court.

Now the Saami lawyers are trying to bring the case to the High the to case the bring to trying are lawyers Saami the Now

all-year-round pasture. all-year-round

to use land for winter pasture herding outside land that is used for used is that land outside herding pasture winter for land use to

decision of the appeal court was that the Saami did not have the right the have not did Saami the that was court appeal the of decision

The longest ongoing case was one in southern S southern in one was case ongoing longest The pmi and the and pmi á

the first case. first the

with support from the landowners the from support with organisations that had supported had that organisations ’

ones in similar ways. The first case generated a further 6 court cases court 6 further a generated case first The ways. similar in ones

the individual landowners continued the process, and started new started and process, the continued landowners individual the

After the first case had gone to court, the companies withdrew but withdrew companies the court, to gone had case first the After

ers, be they companies or individuals. or companies they be ers,

and resulted in 7 cases brought to the civil court by private landown- private by court civil the to brought cases 7 in resulted and

However, the uncertainty about reindeer herding areas remained, areas herding reindeer about uncertainty the However,

a sensitive time of year. of time sensitive a

the weather stayed fine during May which, for the reindeer calves, is calves, reindeer the for which, May during fine stayed weather the

2002 held good prospects for the reindeer owners. Spring was early and early was Spring owners. reindeer the for prospects good held 2002 The Saami people’s land rights land people’s Saami The have proposed finding local solutions, at the level of the municipalities, where Saami villages usually find it very hard to make their voices heard. The basic principles of ILO Convention 169 are respect and participation, but such issues have never been considered in the debate, either by the farmer, hunter and landowner organisations or by the government. On 24 January 2002, the Swedish government instigated a one-man commission to define the areas for reindeer herding. The commission will make a proposal for the borders between traditional Saami-owned lands and the land shared with others, as ILO Convention 169 states. The prime focus of the commission will be to base its report on existing documentation in government archives. The directive to this commission mentions particularly that the Kingdom of Sweden has been criticised on various occasions for violating the Saami people’s human rights. The last time was in the Committee on the Elimination of Racial Discrimination (CERD) on 10-11 August 2000.

NGO co-operation within the Barents Euro-Arctic Region

The Saami Council was among the signatories of the Kirkenes Decla- ration in 1993, which formally established the Barents Euro-Arctic Council but, since then, it has not been very active within the Barents co-operation. The Kirkenes Declaration states:

The Council will serve as a forum for considering bilateral and multilateral cooperation in the fields of economy, trade, science and technology, tourism, the environment, infrastructure, educational and cultural exchange, as well as projects particularly aimed at improving the situation of indigenous peoples in the North.

In June 2002, the president of the Saami Council, Anne Nuorgam, sent an application to the ministries of foreign affairs of Finland and Sweden for funding for the International Saami Cultural Centre, Chum,1 located in Lujavre/Lovozero, Murmansk oblast, in the Russian Federation. This Centre will, among other things, house the office of the local Saami association, and the studios of Kola Saami Radio. Kola Saami Radio is another project with 18 funders in 5 different countries.

The total amount applied for from each foreign ministry was

133,500 Euro and the total budget was 400,000 Euro. The project was •

•

already in the pipeline when the Kirkenes Declaration was signed 10 •

•

years ago, so the process towards its implementation has been ex- • •

• tremely slow. The Norwegian Foreign Ministry was the first to pay its •

• 37 • 38 • • •

•

is expected to take three years. three take to expected is •

•

dle of the 18 the of dle century. The research The century. century to the beginning of the 20 the of beginning the to century •

th th

and population history, land use and land ownership from the mid- the from ownership land and use land history, population and

pland. Their task is to undertake an extensive study into settlement into study extensive an undertake to is task Their pland.

from the Universities of Oulu and Lapland into land rights in La- in rights land into Lapland and Oulu of Universities the from

More recently, the Finnish Ministry of Justice ordered research ordered Justice of Ministry Finnish the recently, More

s right to forest lands, protected areas and water areas. water and areas protected lands, forest to right s ’ Saami the into

Wirilander. The Saami parliament itself set up a committee to look to committee a up set itself parliament Saami The Wirilander.

parliament, and a one-man committee comprised of Judge Juhani Judge of comprised committee one-man a and parliament,

land in northern Lapland, which was opposed by the Finnish Saami Finnish the by opposed was which Lapland, northern in land

ratifying ILO Convention 169, a board for the administration of state of administration the for board a 169, Convention ILO ratifying

. These included a committee to investigate the possibilities for possibilities the investigate to committee a included These . 2001

bodies researching this matter, as noted in in noted as matter, this researching bodies

The Indigenous World 2000- World Indigenous The

any progress over the last two years. There have been several been have There years. two last the over progress any

he question of land rights in Saami areas of Finland has not made not has Finland of areas Saami in rights land of question he

Land rights Land

PMI - FINLAND - PMI Á S

is a traditional Saami tent, made of reindeer skin (ed.note). skin reindeer of made tent, Saami traditional a is 1 Chum Chum

Note

ment. ❑

that other responsible governments will also show the same commit- same the show also will governments responsible other that

the importance of the Kirkenes Declaration and we hope and believe and hope we and Declaration Kirkenes the of importance the

of course, very grateful that the Swedish Government acknowledges Government Swedish the that grateful very course, of

cation and transfer 133,500 Euro to the the to Euro 133,500 transfer and cation Chum project Chum “ . Everybody is, Everybody . ”

Government of Sweden decided to support the Saami Council Saami the support to decided Sweden of Government s appli- s ’

money at the onset of the long winter. Finally, on 12 December 2002, the 2002, December 12 on Finally, winter. long the of onset the at money

The situation, however, became critical when the project ran out of out ran project the when critical became however, situation, The

of the Chum started in autumn 2002. autumn in started Chum the of part of the budget to the Karasjok community and the rehabilitation the and community Karasjok the to budget the of part Law on Saami language

In Finland, a Saami language law has been in force since 1992. Accord- ing to this law, a Saami-speaking person has the right to use the Saami language in their contact with the authorities. In practice, the law has not functioned very well. The Saami parliament therefore appointed a working group, which suggested several improvements: the Finnish and Saami languages should be declared as having equal status in the Saami area; civil servants who want to learn Saami should be able to do so during their working hours; the three Saami languages spoken in Finland should be noted in the law, and 11 new jobs as Saami language translators and interpreters should be made available. The Ministry of Justice, however, opposes many of these suggestions.

Minority group ombudsman

The position of a Minority Group Ombudsman was created on Sep- tember 1, 2001 and the first ombudsman, Mikko Puumalainen, began work on January 1, 2002. The tasks of the ombudsman are:

• to promote good ethnic relations • to promote the status and rights of people belonging to ethnic minorities • to monitor equal opportunities • to supervise the prohibition of discrimination due to ethnic origin • to provide information and prepare reports

The ombudsman has his office in Helsinki. He has spent his first year gathering information about the Saami, travelling to Sápmi and becoming acquainted with Saami culture. The ombudsman has particularly emphasized the role of the Saami language in revitalizing Saami culture. Without a Saami language, one can hardly talk about a Saami culture.

Reindeer herding project

The Saami Vocational Centre in Inari has started a reindeer herding •

•

project for the period 2002-2005, together with the Arctic Council and •

•

Northern Forum. The Centre is organizing courses for indigenous • •

• reindeer herders, veterinarians and butchers from Russia. The aim is •

• 39

• 40 sis, HIV, racial discrimination and harassment now constitute a threat a constitute now harassment and discrimination racial HIV, sis, • •

•

alcoholism, smoking, drug abuse, unemployment, suicide, tuberculo- suicide, unemployment, abuse, drug smoking, alcoholism, •

• and –

indigenous peoples are actually dying out in some regions regions some in out dying actually are peoples indigenous •

•

peoples locally. Moreover, reports from the regions indicate that the that indicate regions the from reports Moreover, locally. peoples •

fishing industry represent a threat to the environment and indigenous and environment the to threat a represent industry fishing

traditional way of life. The oil industry, the timber industry and the and industry timber the industry, oil The life. of way traditional

hunting quota prevent the indigenous peoples from leading their leading from peoples indigenous the prevent quota hunting

bureaucracy and endless discussions on how to apply for fishing and fishing for apply to how on discussions endless and bureaucracy

tional land use is ignored by the authorities in the regions, where regions, the in authorities the by ignored is use land tional

to be extremely difficult, as federal legislation on territories of tradi- of territories on legislation federal as difficult, extremely be to

the 40 peoples, numbering only about 200,000 individuals, continues individuals, 200,000 about only numbering peoples, 40 the

faced with serious problems in 2002. The fight for land rights of rights land for fight The 2002. in problems serious with faced

he numerically small indigenous peoples of Russia were also were Russia of peoples indigenous small numerically he

RUSSIA

improve the position of Saami culture, society and livelihoods. and society culture, Saami of position the improve ❑

than in previous years. Yet there is still very much to do in order to order in do to much very still is there Yet years. previous in than

in 2002, 60. So developments are, generally speaking, a little better little a speaking, generally are, developments So 60. 2002, in

the Saami. In the 1970s, five such laws existed, in the 1990s 30 and 30 1990s the in existed, laws such five 1970s, the In Saami. the

Every year, more and more laws are passed in Finland that mention that Finland in passed are laws more and more year, Every

By way of conclusion of way By

of its kind for the Saami population. Saami the for kind its of

University of Helsinki is working on a Saami encyclopaedia, the first the encyclopaedia, Saami a on working is Helsinki of University

Saami. There is some hope that the centre will be ready by 2007. The 2007. by ready be will centre the that hope some is There Saami.

its own building, which would be a cultural centre for the Finnish the for centre cultural a be would which building, own its

recent years from 12 to 14 persons. The Parliament is working to get to working is Parliament The persons. 14 to 12 from years recent

The number of employees of the Saami parliament has increased in increased has parliament Saami the of employees of number The

Saami Parliament, Saami encyclopaedia Saami Parliament, Saami

reindeer meat. reindeer to teach European standards for slaughter and improve the quality of quality the improve and slaughter for standards European teach to

•

• •

• 41

• 42

s President, Sergey Haruchi, presented the demands the presented Haruchi, Sergey President, s ’ 2002. RAIPON 2002. • •

• northern and Arctic regions, took place in Salekhard, in late December late in Salekhard, in place took regions, Arctic and northern •

•

The first session of the Governmental Council on problems of the of problems on Council Governmental the of session first The •

•

the working groups developing amendments and new laws. new and amendments developing groups working the •

M.M. Kasyanov, asking him to include representatives of RAIPON in RAIPON of representatives include to him asking Kasyanov, M.M.

In November, RAIPON wrote a letter to the Russian Prime Minister, Prime Russian the to letter a wrote RAIPON November, In

were reversed and basic indigenous rights were retained. were rights indigenous basic and reversed were

ary 2002. Thanks to its firm position, the decisions of the Commission the of decisions the position, firm its to Thanks 2002. ary

taken part in the process of legal revision since Febru- since revision legal of process the in part taken has (RAIPON)

The Russian Association of Indigenous Peoples of the North the of Peoples Indigenous of Association Russian The

by the Government, this will take place in the last quarter of 2003. of quarter last the in place take will this Government, the by

submit all proposals to the Duma. Following the timetable suggested timetable the Following Duma. the to proposals all submit

als to the Government of the Russian Federation. The Government will Government The Federation. Russian the of Government the to als

In November and December 2002, the Commission sent its propos- its sent Commission the 2002, December and November In

laws are also subject to revision. to subject also are laws

of natural resources also ensure these indigenous rights. Hence, such Hence, rights. indigenous these ensure also resources natural of

traditional natural resources. Related laws on the use and protection and use the on laws Related resources. natural traditional

indigenous territories, and rights to preferential and free access to access free and preferential to rights and territories, indigenous

the right to play a role in controlling the use of natural resources on resources natural of use the controlling in role a play to right the

, including , ’ declarative ‘ be to deemed Commission the that rights ’ ples

s decision to withdraw all indigenous peo- indigenous all withdraw to decision s ’ Commission the to victim

tees of the rights of indigenous peoples of the Russian Federation Russian the of peoples indigenous of rights the of tees fell ’

On the guaran- the On ‘ law the with, start To changes. to subject laws of list

The Russian laws on the rights of indigenous peoples are on the on are peoples indigenous of rights the on laws Russian The

and additions. and

tion of the Russian Federation and to develop relevant amendments relevant develop to and Federation Russian the of tion

authorities. This Commission This authorities. s task is to study the existing legisla- existing the study to is task s ’

ment, regional administration in the Russian provinces and local and provinces Russian the in administration regional ment,

sharing of responsibilities and power between the federal govern- federal the between power and responsibilities of sharing

dential Commission for the development of legal drafts, defining the defining drafts, legal of development the for Commission dential

The Administration of the Russian President has established a Presi- a established has President Russian the of Administration The

Federal legal developments legal Federal

undoubtedly very different from one region to another. to region one from different very undoubtedly

results have only been partially published. However, the situation is situation the However, published. partially been only have results

the autumn but it was carried out unprofessionally and the final the and unprofessionally out carried was it but autumn the

A long-awaited census of the total population of Russia took place in place took Russia of population total the of census long-awaited A

as Russian methods of gathering statistics vary from region to region. to region from vary statistics gathering of methods Russian as

east. It is, however, not easy to get a complete picture of the situation the of picture complete a get to easy not however, is, It east. to the future existence of the peoples of the north, Siberia and the far the and Siberia north, the of peoples the of existence future the to of the indigenous peoples, and M.M. Kasyanov, who was present, promised to undertake a comprehensive study of these demands. At the same time, regional indigenous organizations used their rights to participate in environmental monitoring. For example, due to the strong stand of the indigenous organizations “Yamal to Descendants” (Yamal-Nenets Autonomous Okrug) and RAIPON, Gazprom agreed to carry out an ethnological assessment of its gas and oil prospecting in the area of the Obskaya and Tazovskaya bays. The right to free use of natural resources has been deleted from the law ‘On territories of traditional natural resource use of indigenous peoples of the north, Siberia and the far east’ because the new Land Code of the Russian Federation envisages only the right to own and to rent land. As a result of this legal revision, federal and regional authorities have begun to reject demands by indigenous communities to establish territories of traditional land use and other demands to exercise their rights, on the grounds that corresponding legal norms on how to establish territories of traditional land use have not yet been developed, and that the laws on territories of traditional land use have to be revised. These refusals are illegal. A law is in force until it is repealed and government authorities must abide by these laws.

Regional issues

The Nenets

In the Nenets Autonomous Okrug, a province bordering on the Barents Sea in the European part of the Russian North, about 6,500 Nenets live as a minority among 50,000 inhabitants. The Nenets are represented by one member (out of eight) in the local Duma (parliament). The Nenets’ indigenous organization, Yasavey, has the right to bring legislative initiatives. The oil industry is expanding in this Okrug, drilling towers and pipelines characterize large parts of the landscape, and the industry’s violations of environmental legislation lead only to symbolic fines. Yasavey is working on a legislative initiative that would increase the

fines to a level that would make it profitable for the industry to respect

environmental regulations. The movement has been able to monitor •

•

developments to a certain extent and report back on the situation both •

•

to the authorities and the industry directly. The industry, which con- • •

• sists of several different companies of varying sizes, is interested in •

• 43

• 44 were 20,000 reindeer whereas the number in 2002 was about 2,000. In 2,000. about was 2002 in number the whereas reindeer 20,000 were • •

•

A general problem is the diminishing reindeer herds. In 1992, there 1992, In herds. reindeer diminishing the is problem general A •

• . ’ good ‘

health situation as as situation health •

•

volved in any kind of employment. Only 10% consider their own their consider 10% Only employment. of kind any in volved •

reported to live below the official poverty line and 60% are not in- not are 60% and line poverty official the below live to reported

population being 18,029). The majority of the indigenous people are people indigenous the of majority The 18,029). being population

als in 1995 to 3,312 in 2002 according to official statistics (the total (the statistics official to according 2002 in 3,312 to 1995 in als

the area. The indigenous population has fallen from 5,180 individu- 5,180 from fallen has population indigenous The area. the

ming figures reflecting a disastrous situation for the small peoples of peoples small the for situation disastrous a reflecting figures ming

in central Siberia give alar- give Siberia central in the from Reports Evenk Autonomous Okrug Autonomous Evenk

The peoples of Evenkia of peoples The

even seems to be a small increase underway. increase small a be to seems even

does mean that the total Nenets population is not declining: there declining: not is population Nenets total the that mean does –

terizing the neighboring province Yamal-Nenets Autonomous Okrug Autonomous Yamal-Nenets province neighboring the terizing

also charac- also – area the in situation social stable relatively the Still,

take place, even though on a very limited scale. limited very a on though even place, take

not succeeded but some theater and other performance activities do activities performance other and theater some but succeeded not

language and culture. Attempts at a Nenets TV and radio have so far so have radio and TV Nenets a at Attempts culture. and language

30,000 in Russia as a whole), should have a chance to preserve their preserve to chance a have should whole), a as Russia in 30,000

opment, although the Nenets, as one of the big peoples (totaling about (totaling peoples big the of one as Nenets, the although opment,

The indigenous peoples have few possibilities for cultural devel- cultural for possibilities few have peoples indigenous The

and end up in the capital of Naryan-Mar as social losers. social as Naryan-Mar of capital the in up end and

Many more people, however, are not able to adapt to the new conditions new the to adapt to able not are however, people, more Many

workshops and other businesses related to their traditional way of life. of way traditional their to related businesses other and workshops

hunters and reindeer herders. Others have successfully established successfully have Others herders. reindeer and hunters

munities, going back to traditional subsistence methods as fishermen, as methods subsistence traditional to back going munities,

indigenous representatives have since started working in family com- family in working started since have representatives indigenous

abandoned as a result of the breakdown in the planned economy. A few A economy. planned the in breakdown the of result a as abandoned

Many of the smaller communities in the area are being closed or were or closed being are area the in communities smaller the of Many

The problems of the indigenous peoples in the region are manifold. are region the in peoples indigenous the of problems The

to the industry and the authorities and in the eyes of the public. the of eyes the in and authorities the and industry the to

possible for the movement to strengthen its position, both in relation in both position, its strengthen to movement the for possible

eration with Russian and foreign partners, a step that has made it made has that step a partners, foreign and Russian with eration

authority, establishing an independent office through project co-op- project through office independent an establishing authority,

in 2001 and continued throughout 2002. Yasavey has gained more gained has Yasavey 2002. throughout continued and 2001 in

industry and local government on the other was formally established formally was other the on government local and industry

between the indigenous movement on the one hand, and the oil the and hand, one the on movement indigenous the between

general is skeptical about the costs of oil exploitation. A dialogue A exploitation. oil of costs the about skeptical is general a good relationship with the indigenous movement, as the public in public the as movement, indigenous the with relationship good a 1992, the area had a production of about 3,000 silver foxes, now the figure is 117. The bad economic situation of the area also means that public institutions, transport etc., do not function as before. Even though the main community of the indigenous Ket, Sulomaj, which was washed away by floods in 2001, has been partly reconstructed, the Ket now number as few as 141 in the entire province. At a rough estimate, there are now less than ten people who know the Ket language. As in the rest of Russia, the average life expectancy of the numerically small peoples is about 45-48 years for women and 41-42 for men, which is about 20 years less than for the Russian population in general. Tuberculosis is one of the main killers, along with other infections and alcohol-related deaths. The indigenous peoples of Evenkia face great challenges in the competition with the oil and gas industry, which is dominated by one company, Yukos. Hunting and fishing quotas, distributed by the authorities, are insufficient for traditional use. The indigenous movement of the area is weak, although a minor improvement could be noted last year as the administration and even the Yukos Company have become more involved with the regional indigenous organization and have even provided it with some funding for its activities. Still, the risk of becoming dependent upon this funding should be taken seriously in the coming years. The indigenous peoples have no formal representation in the political system of the province.

Kamchatka

In the far east of Russia, the situation is particularly serious in the Koryak Autonomous Okrug on the northern part of the peninsula of Kamchatka. Although the province has an indigenous population of about 30%, the indigenous peoples have a dramatically high unemployment rate, tuberculosis is widespread and the first case of HIV was registered in 2002. At a conference held by the indigenous movement in the autumn it was decided, “to open a discussion at citizens’ assemblies regarding the question of prohibiting the import and consumption of alcoholic beverages on the territories of traditional habitation of the indigenous numerically small peoples”.

Public awareness actions regarding the problem of pollution in the

settlements as a consequence of the lack of appropriate waste dumps •

•

have also been high on the agenda as an example of something the •

•

average person could be involved in to improve the health situation. In • •

• contrast, it still seems difficult for the indigenous peoples to prevent •

• 45

• 46

www.raipon.net/yasavey/ •

• : newsletter s ’ RAIPON ’ Arctic Living ‘ World ’

Indigenous Peoples Indigenous •

• s Web site: www.raipon.org site: Web s ’ RAIPON •

•

Sources •

it is already too late. late. too already is it – north the of peoples the of some for and, go ❑

s work makes one feel, there is still a long way to way long a still is there feel, one makes work s ’ RAIPON of progress

not yet seem to have improved, and no matter how optimistic the optimistic how matter no and improved, have to seem yet not

over the last couple of years, the situation of indigenous peoples does peoples indigenous of situation the years, of couple last the over

ways of thinking. Although some stability has been gained in Russia in gained been has stability some Although thinking. of ways

lem can be explained by the general crisis in Russia, old routines and routines old Russia, in crisis general the by explained be can lem

servants, the industry and the majority population. Part of the prob- the of Part population. majority the and industry the servants,

not financed and implemented; legislation is being ignored by civil by ignored being is legislation implemented; and financed not

weak. Federal programs on numerically small indigenous peoples are peoples indigenous small numerically on programs Federal weak.

still strong, and the will to do something about their problems is still is problems their about something do to will the and strong, still

acknowledging specific rights for the numerically small peoples is peoples small numerically the for rights specific acknowledging

bigger crisis than many of its supporters realize. The opposition to opposition The realize. supporters its of many than crisis bigger

The indigenous movement of Russia is perhaps moving towards a towards moving perhaps is Russia of movement indigenous The

Looming crisis Looming

legally recognized and registered for the free use of the inhabiting people. inhabiting the of use free the for registered and recognized legally

at local level, not level, local at ’ defined ‘ territories get to possible been only has it where

lation. This case was meant to be a model case for other regions of Russia of regions other for case model a be to meant was case This lation.

Moscow Presnensk Court refused to take up the case under federal legis- federal under case the up take to refused Court Presnensk Moscow

through the court system of Russia in 2002. On 3 December 2002, the 2002, December 3 On 2002. in Russia of system court the through

tonomous Okrug and then abolished by the next governor governor next the by abolished then and Okrug tonomous went all went –

that was formally established by the former governor of the Koryak Au- Koryak the of governor former the by established formally was that

land use surrounding the Itelmen community of Kovran Kovran of community Itelmen the surrounding use land a model area model a –

Kamchatka resulted in a court appeal. The case of the territory of traditional of territory the of case The appeal. court a in resulted Kamchatka

The rejection of a claim by the Council for the Revival of the Itelmen in Itelmen the of Revival the for Council the by claim a of rejection The

others has not so far been successful. been far so not has others

opment projects in Kamchatka carried out by UNDP, IUCN, GEF and GEF IUCN, UNDP, by out carried Kamchatka in projects opment

projects, although the involvement of indigenous peoples in big devel- big in peoples indigenous of involvement the although projects,

enous movement to use the press and work through international through work and press the use to movement enous

peoples. A cause for slight optimism is the growing ability of the indig- the of ability growing the is optimism slight for cause A peoples.

which nothing is being done to efficiently address the problems of the of problems the address efficiently to done being is nothing which

in decision-making, with a few representatives on advisory bodies in bodies advisory on representatives few a with decision-making, in

and by poachers. The indigenous peoples are only formally involved formally only are peoples indigenous The poachers. by and Kamchatka from being exploited by the mining and fishing industry, fishing and mining the by exploited being from Kamchatka ALASKA

ords may describe the land: tundra; forests; grasslands; glaciers; W rivers, lakes and fjords; mountains and volcanoes - majesty everywhere - but words fail to communicate the different feelings one experiences by being in the land. The sense of the land itself, ancient and vast, is enthralling. Sixteen percent of the people living in this land are indigenous: Inuit (Yupik and Inupiaq, Aleut, Sugpiaq) communities are located on the coast or along major rivers, Athabascan communities in the interior, Tlingit, Haida and Tsimshian along the south-eastern coast. The population is growing slowly, somewhat faster among indigenous people in rural and remote villages. And with growth come issues. The rights of the peoples with respect to the land, and their right to determine their own future as a people are primary among these issues. Scientists say indigenous peoples came to Alaska between 12,000 and 14,000 years ago. They used the land and governed themselves. Over the last 150 years, however, their rights to land and self-governance have been modified by events such as the purchase of the occupation rights to Alaska from Russia by the United States and Alaska’s subsequent status as a territory and later (since 1959) as a state. These rights have been redefined several times in law, latest by the Alaska Native Claims Settlement Act (ANCSA 1971), which ceded 44 million acres (11% of Alaska’s land mass) and US$ 962.5 million to Alaska Natives to settle their land claims (about three dollars per acre for lands lost). ANCSA also provided for the division of the state into twelve geographic regions and for the creation of regional Native corporations to administer the settlement in ways that provide for economic development and for the well-being of shareholders and their families. This is a living document that has been subject to continuing interpretation and amendment.

Economic development, but at a cost

Newly-elected Alaska governor Frank Murkowski (November 2002)

has expressed a commitment to close the state’s fiscal gap by means

of projects that aggressively develop Alaska’s natural resources in oil •

•

and gas, forests and fisheries, trade and tourism, and mineral extrac- •

•

tion. The proposed development of the Donlin Creek gold mine is one • •

• example. This project, which intends to tap one of the largest unde- •

• 47

• 48 begin combating alcoholism on a state-wide scale. state-wide a on alcoholism combating begin • •

• there was a need to establish a Sobriety Council and a movement to movement a and Council Sobriety a establish to need a was there •

•

ciety. A Blue-Ribbon Committee was formed, which determined that determined which formed, was Committee Blue-Ribbon A ciety. •

•

consequences of rampant alcoholism and drug abuse in Native so- Native in abuse drug and alcoholism rampant of consequences •

tion, Native elders called for the leadership to begin looking into the into looking begin to leadership the for called elders Native tion,

Prize winning series published in the late 1980s. At an AFN conven- AFN an At 1980s. late the in published series winning Prize

a Pulitzer a ” Peril, in People A “ in plight the profiled News Daily

s efforts, the Alaska the efforts, s ’ AFN with Concurrent alcohol. with battle ’ ples

years to begin finding grassroots solutions to the indigenous peo- indigenous the to solutions grassroots finding begin to years

Senator Ted Stevens, AFN will receive US$ 15 million a year for three for year a million 15 US$ receive will AFN Stevens, Ted Senator

and drug abuse come to fruition. Through support from Alaska from support Through fruition. to come abuse drug and s ’

efforts to gain self-determination in their fight against alcoholism against fight their in self-determination gain to efforts

regional and tribal organizations are beginning to see 20 years of years 20 see to beginning are organizations tribal and regional

The Alaska Federation of Natives (AFN) and its affiliated Native affiliated its and (AFN) Natives of Federation Alaska The

s indigenous leaders indigenous s ’ Alaska from efforts Wellness

nature and character and extent of the development. the of extent and character and nature

the Native people of the region, play central roles in determining the determining in roles central play region, the of people Native the

better life. But it is a necessity that those most impacted, in this case this in impacted, most those that necessity a is it But life. better

the economy. Economic development is desired as a means to a to means a as desired is development Economic economy. the

will likely be as significant to the environment as to as environment the to significant as be likely will — lifestyle based

wildlife, of new roads laid across land utilized for a subsistence- a for utilized land across laid roads new of wildlife,

of barges on fish, of electric lines on lines electric of fish, on barges of — development of impact The

history of the region. However, it would not be an unmitigated good. unmitigated an be not would it However, region. the of history

billion would be the most significant economic development in the in development economic significant most the be would billion

each year. At US$ 300 an ounce for thirty years, the resulting US$ 9 US$ resulting the years, thirty for ounce an 300 US$ At year. each

The Donlin Creek mine could produce 1 million ounces of gold of ounces million 1 produce could mine Creek Donlin The

power costs for all regional residents. regional all for costs power

solution might bring the additional benefit of significantly lowering significantly of benefit additional the bring might solution

150 miles of high-voltage power lines that would be built. This latter This built. be would that lines power high-voltage of miles 150

the plant in Bethel, the regional hub, and transmit electricity over electricity transmit and hub, regional the Bethel, in plant the

a plant that would be built near the mine site. Another is to locate to is Another site. mine the near built be would that plant a

gallons of diesel fuel needed annually up the Kuskokwim River to River Kuskokwim the up annually needed fuel diesel of gallons

approach to the power generation problem is to barge the 20 million 20 the barge to is problem generation power the to approach

each year for thirty years or more for residents of the region. One region. the of residents for more or years thirty for year each

payoff will be calculated in hundreds of jobs and millions of dollars of millions and jobs of hundreds in calculated be will payoff

It is estimated that the project will cost US$ 600 million but that the that but million 600 US$ cost will project the that estimated is It

ess to electricity or fuel in order to power the operation. the power to order in fuel or electricity to ess acc provide

from any power source and without the infrastructure that would that infrastructure the without and source power any from veloped gold resources in the world, is located in western Alaska, far Alaska, western in located is world, the in resources gold veloped By 1994, the Alaska Natives Commission Report, prepared at US Congress’ request, outlined the extent of the effects of alcoholism on Native peoples. The overarching principles outlined in the report focused on the self-reliance, self-determination and integrity of Na- tive cultures. These principles assert the need to recognize indigenous cultures, customs and values, especially in the area of subsistence hunting and fishing as well as the need of Alaska Natives themselves to be self-reliant even though they have a special relationship with the Federal Government. It is self-determination, however, that governs the quality of that recognition and relationship. The new approach to fighting alcoholism among Alaska’s Na- tive population is a paradigm shift in government thinking. Essen- tially, tribes working in concert with their regional Native non-profit organizations have, for the first time, framed the age-old problem for themselves and can now implement their own solutions. And the solutions are as varied as the villages themselves.

With AFN’s leadership, community-based wellness models are

beginning to emerge state-wide. Some village leaders are holding •

•

sobriety meetings, seminars and workshops. For many, it is the first •

•

time a community has come together to address the myriad of prob- • •

• lems associated with alcohol and drug abuse such as bootlegging, •

• 49 • 50 • • • • •

•

her from the power of the Creator. the of power the from her •

needs it, but always reaffirming that her gift of healing comes through comes healing of gift her that reaffirming always but it, needs

She shares her knowledge, experiences and talent with whoever with talent and experiences knowledge, her shares She

many regional, state-wide, national and international gatherings. international and national state-wide, regional, many

In addition to her work as a doctor, Blumenstein has spoken to spoken has Blumenstein doctor, a as work her to addition In

and she was finally certified in 1999. in certified finally was she and

out one. However, the staff at Southcentral Foundation persisted Foundation Southcentral at staff the However, one. out

as a Tribal Doctor and recognize her as a healer was a long drawn long a was healer a as her recognize and Doctor Tribal a as

Native healthcare organization. The process to certify Blumenstein certify to process The organization. healthcare Native

healing came to the attention of Southcentral Foundation, an Alaska an Foundation, Southcentral of attention the to came healing

medicinal plants. It was not until the 1990s that her special gift of gift special her that 1990s the until not was It plants. medicinal

tely with the land and learning the magical healing abilities of abilities healing magical the learning and land the with tely

Blumenstein lived a traditional subsistence lifestyle, living intima- living lifestyle, subsistence traditional a lived Blumenstein

. Raised by her mother and grandmother, and mother her by Raised . ’ shamanism ’ as regarded

people. Native people were prohibited from practicing what was what practicing from prohibited were people Native people.

outside influences were causing great changes among the Yup the among changes great causing were influences outside ik ’

village of Tununak in the 1930s and was raised during a time when time a during raised was and 1930s the in Tununak of village

ik, was born in the south-western Alaska south-western the in born was ik, ’ Yup a Blumenstein,

and practices as well as cultural knowledge. cultural as well as practices and

people in general, passing on her knowledge of healing traditions healing of knowledge her on passing general, in people

on a global scale. Dr. Blumenstein speaks on behalf of women and women of behalf on speaks Blumenstein Dr. scale. global a on

leadership and character in promoting the overall status of women of status overall the promoting in character and leadership

women. This award is given to a woman who exhibits outstanding exhibits who woman a to given is award This women.

professions, committed to advancing human rights and the status of status the and rights human advancing to committed professions,

service organization of women in business, management and other and management business, in women of organization service

International of Cook Inlet (SICI). SICI is an international voluntary international an is SICI (SICI). Inlet Cook of International

award by Soroptimists by award ” Distinction of Woman “ the given was stein

In June 2002, tribal doctor and traditional native healer Rita Blumen- Rita healer native traditional and doctor tribal 2002, June In

Rita Blumenstein, doctor, healer doctor, Blumenstein, Rita

tice of healing not only the body but the mind and spirit as well. as spirit and mind the but body the only not healing of tice

represents a reawakening of the positive aspects of the holistic prac- holistic the of aspects positive the of reawakening a represents

model is built around the traditional healer or traditional doctor and doctor traditional or healer traditional the around built is model

models, long dormant within Alaska within dormant long models, s indigenous societies. One such One societies. indigenous s ’

Some communities are also returning to culture-based wellness culture-based to returning also are communities Some

ment of local option laws. option local of ment

1 illness and suicide, accidents and domestic violence, and enforce- and violence, domestic and accidents suicide, and illness Inuit Studies Conference

Self-determination and pride in cultural heritage was evident as indigenous peoples in Alaska and the University of Alaska Rural De- velopment students and staff planned and hosted the 13th Inuit Stud- ies Conference. In August 2000, an Alaska delegation, which included Rural Development graduate students and faculty members from the University of Alaska Fairbanks, attended the 12th Inuit Stud- ies Conference in Aberdeen, Scotland. As a result of their participation, faculty and students were asked to host the 13th Inuit Studies Conference, which was held in Anchorage, Alaska in August 2002. Over 200 people from Alaska, Greenland, Russia, Japan, Europe and other states of the U.S. attended. The next Inuit Studies Conference is scheduled to be held in Calgary, Alberta, Canada in 2004. ❑

Note and sources

1 The local option laws regulate or prohibit the sale of alcohol.

Alaska Federation of Natives: www.nativefederation.org Calista Corporation: www.calistacorp.com

Alaskool: www.alaskool.org

•

• •

• 51

• 52

, which requires cabi- requires which , ” solidarity cabinet “ had broken the principle of of principle the broken had • •

• Baker Lake, he was removed from cabinet by a vote of the MLAs. He MLAs. the of vote a by cabinet from removed was he Lake, Baker •

•

create the Qulliq Energy Corporation and locate its headquarters at headquarters its locate and Corporation Energy Qulliq the create •

•

s decision (of which he was a member) to member) a was he which (of decision s ’ criticism of the cabinet the of criticism •

The second headache was political. After Jack Anawak Jack After political. was headache second The s public s ’

. ” it. for responsibility take and error serious a

Nunavut residents saw their government recognize government their saw residents Nunavut “ that, was noted,

procedures. The good news, as the weekly newspaper newspaper weekly the as news, good The procedures. Nunatsiaq News Nunatsiaq

pany it had purchased the fuel from, and instituting new fuel testing fuel new instituting and from, fuel the purchased had it pany

millions of dollars in compensation, seeking redress from the com- the from redress seeking compensation, in dollars of millions

people who often could not afford them. The GN ended up paying out paying up ended GN The them. afford not could often who people

sometimes being stranded on the land and expensive repair bills for bills repair expensive and land the on stranded being sometimes

engines becoming fouled, machines breaking down, hunters down, breaking machines fouled, becoming engines ’ mobiles

contained some things it should not have. This resulted in snow- in resulted This have. not should it things some contained

it was missing some additives it was supposed to have, and it and have, to supposed was it additives some missing was it –

pened in 2002, it turns out that the gas the GN purchased was bad was purchased GN the gas the that out turns it 2002, in pened

jurisdictions. This can prove to be a very big problem when, as hap- as when, problem big very a be to prove can This jurisdictions.

in the state playing a role that the private sector plays in most other most in plays sector private the that role a playing state the in

of the territory and the small population (29,000) and economy result economy and (29,000) population small the and territory the of

resold to companies and individuals as the year progresses. The size The progresses. year the as individuals and companies to resold

and then and ’ farms tank ‘ in stored communities, various the to boat by

All fuel that enters the territory is purchased by the GN, shipped GN, the by purchased is territory the enters that fuel All

both involved fossil fuels. fossil involved both

In 2002, the GN encountered its first major headaches. Coincidentally, headaches. major first its encountered GN the 2002, In

News from the Government of Nunavut of Government the from News

porated (NTI), whose leadership is elected solely by Inuit. by solely elected is leadership whose (NTI), porated

Inuit representative organization called Nunavut Tunngavik Incor- Tunngavik Nunavut called organization representative Inuit

Inuit by the Nunavut Land Claims Agreement are managed by an by managed are Agreement Claims Land Nunavut the by Inuit

Assembly (MLAs). The rights and responsibilities accorded to the to accorded responsibilities and rights The (MLAs). Assembly

(Inuit and non-Inuit) vote for the Members of Nunavut of Members the for vote non-Inuit) and (Inuit s Legislative s ’

and services to all residents of the territory. All residents of Nunavut of residents All territory. the of residents all to services and

public government, elected by, representing and delivering programs delivering and representing by, elected government, public

region and the State in 1993. The government of Nunavut (GN) is a is (GN) Nunavut of government The 1993. in State the and region

a result of a land claims agreement signed between the Inuit of the of Inuit the between signed agreement claims land a of result a

s Central and Eastern Arctic, and was created in 1999 as 1999 in created was and Arctic, Eastern and Central s ’ Canada

he territory of Nunavut covers 2.1 million square kilometers of kilometers square million 2.1 covers Nunavut of territory he NUNAVUT net members to support all decisions taken by the cabinet even if they do not personally agree with them. Anawak’s response to being stripped of his cabinet portfolio was to state that the people of Nuna- vut had wanted a government that was “new” and “different” and that currently, that just was not the case. Another expression of the frustration of the MLAs, which Nu- natsiaq News calls “traditionalist” came when the government introduced a Human Rights Act that would bring Nunavut into line with federal legislation banning discrimination on the basis of ethnicity, gender, age, disability, religion or sexual orientation. MLA Enoki Irqittuq said that it would be “absolute unfathomable” for Nunavut to treat gays and lesbians the same as heterosexuals. “In the South, people are free to do as they wish. For Inuit, I would outright refuse such a provision in the Human Rights Act. It’s not in our lifestyle.” Gays and lesbians in Nunavut – both Inuit and non-Inuit – have so far kept a low profile, but Premier Okalik pointed out that the rights of gays and lesbians are already protected under federal law – so whether or not territorial legislation fully conforms with federal legislation, “It’s just an issue for people that want to raise a fuss, that want to score cheap political points.” It is, after all, an election year…

Other events of the year

Nunavut’s first major piece of home-grown legislation, a revised Edu- cation Act, was rejected by the MLAs. They felt it failed to recognize the importance of strengthening Inuktitut as a language of instruction in the classroom and took powers away from elected community education authorities, giving them to the Department of Education. Education remains a huge issue in a jurisdiction where unemployment levels are high, where levels of formal education remain well below the national average, and where the median age is just 22.1 years (compared to 37.6 years for Canada as a whole). 60% of the population is under 25 years of age, and the population is growing at twice the national rate. A proposed new Wildlife Act was received much more positively, especially its attempt to incorporate many guiding principles and concepts of Inuit qaujimajatuqangut (Inuit traditional knowledge).1

Federal Indian and Northern Affairs Minister Robert Nault said

that Nunavut is “not ready” to handle a share of the royalties from •

•

non-renewable resource development or handle the administration of •

•

mining, and of oil and gas drillings. This comment drew sharp criti- • •

• cism from Premier Okalik, who heads a government that is deprived •

• 53

• 54 1 For more information, see www.nunavutwildlifeact.ca see information, more For 1 • • •

•

• Note •

•

Nunavut met the national minimum skill levels in mathematics. in levels skill minimum national the met Nunavut ❑

Achievement Indicators Program revealed that only 8% of 13-year-olds in 13-year-olds of 8% only that revealed Program Indicators Achievement

what, Nunavummiut were nonetheless startled when the national School national the when startled nonetheless were Nunavummiut what,

in what, for many, is their second language may lower their scores some- scores their lower may language second their is many, for what, in

transportation infrastructure. And while giving students in Nunavut a test a Nunavut in students giving while And infrastructure. transportation

woefully inadequate, and there are serious deficiencies in municipal and municipal in deficiencies serious are there and inadequate, woefully

than the nation as a whole, social housing remains housing social whole, a as nation the than ’ well ‘ less significantly

among Inuit remains high, health indicators reveal a population that is that population a reveal indicators health high, remains Inuit among

whole and the challenges facing the GN are enormous. Unemployment enormous. are GN the facing challenges the and whole

nomic conditions in Nunavut remain well below those of Canada as a as Canada of those below well remain Nunavut in conditions nomic

While progress continues to be made in many ways, social and eco- and social ways, many in made be to continues progress While

force truly reflects the population it serves. it population the reflects truly force

language of government, can only be achieved if the government the if achieved be only can government, of language s work s ’

that many of its other key goals, such as making Inuktitut the working the Inuktitut making as such goals, key other its of many that

employees of the municipal governments are Inuit.) The GN maintains GN The Inuit.) are governments municipal the of employees

government offices in Nunavut are Inuit, while more than 85% of the of 85% than more while Inuit, are Nunavut in offices government

45% but has now fallen to 40%. (Only a third of the employees in federal in employees the of third a (Only 40%. to fallen now has but 45%

the NLCA. The level of Inuit employment in the GN was once as high as high as once was GN the in employment Inuit of level The NLCA. the

employment at all levels of the bureaucracy as required by Article 23 of 23 Article by required as bureaucracy the of levels all at employment

(85%) level of Inuit of level (85%) ” representative “ a achieve to is government territorial

are insisting that considerable amounts of money will be required if the if required be will money of amounts considerable that insisting are

obligations under the NLCA. The Government of Nunavut and NTI and Nunavut of Government The NLCA. the under obligations their

(such as the Nunavut Wildlife Management Board) in order to meet to order in Board) Management Wildlife Nunavut the as (such

organizations (such as NTI) and the institutions of public government public of institutions the and NTI) as (such organizations

ernment will give the territorial government, the Inuit representative Inuit the government, territorial the give will ernment

10-year period. The contract defines the amount that the federal gov- federal the that amount the defines contract The period. 10-year

and little agreement has been reached on the contract for the second the for contract the on reached been has agreement little and

for the Nunavut Land Claims Agreement (NLCA) ends in July 2003, July in ends (NLCA) Agreement Claims Land Nunavut the for

The first 10-year funding period of the Implementation Contract Implementation the of period funding 10-year first The

additional C$60 million for the three territories. three the for million C$60 additional

across the country, and Ottawa eventually came through with an with through came eventually Ottawa and country, the across

and services. The lobbying effort received considerable support from support considerable received effort lobbying The services. and

from the federal government for the delivery of health care programs care health of delivery the for government federal the from

Territory and Northwest Territories) in demanding increased funding increased demanding in Territories) Northwest and Territory

Premier Okalik joined the two other territorial Premiers (of Yukon (of Premiers territorial other two the joined Okalik Premier

ing resource development in the territory. the in development resource ing of both resource revenues and the ability to make decisions concern- decisions make to ability the and revenues resource both of NUNAVIK

unavik is the northernmost region of the Quebec province of N Canada. Some 10,000 Inuit live in 14 coastal communities near the Ungava Bay, the Hudson Strait and Hudson Bay. Even though clearly living a modern life where wages do represent the majority of monetary income, hunting, fishing and berry picking and the like are customary activities that continue to contribute an important part of the diet, and are a central focus of contemporary identity.

Persisting resource problems

Beluga whale hunting is one such activity, which was at the centre of a profound disagreement throughout 2002. According to government officials, the Eastern Hudson Bay beluga population could dis- appear within 15 years if hunters kill belugas at their current rate. As a consequence, the federal government cut the 2002 beluga quotas to 15 whales per community, and banned beluga hunting in the Ungava Bay and in the Eastern Hudson Bay areas. Disappointed hunters that could no longer practice their activity were offered money to subsidize additional travel costs incurred by the new harvesting rules and the importation of beluga muktuk (skin fat of the whale – a delicacy) from Nunavut, the neighbouring Canadian territory, has been contem- plated. An inventory of abandoned mining exploration sites was completed and published in 2002. Researchers who interviewed hunters in all the villages discovered close to 600 sites in Nunavik where mining exploration equipment, such as fuel drums, heavy machinery and, in a few cases, toxic chemical compounds, had been left behind by exploration companies between 1945 and 1978. Based on this evidence, the regional government will now try to convince the central provincial or federal governments to support a clean-up effort that could last for years.

Social problems, political solutions?

•

Social issues have continued to be at the centre of many concerns. The •

•

number of assaults is still growing, from 525 in 2000 to 723 in 2001. • •

1 • According to the Kativik Regional Police Forces, this rate is increas- •

• 55 • 56 • • • • • •

•

northern populations. northern

trinord is a statistical database on the social situation of situation social the on database statistical a is trinord é M Banque 2

1 Kativik is the name of the regional government of Nunavik. of government regional the of name the is Kativik 1

Notes

to ratify the draft Declaration on Indigenous Rights. Indigenous on Declaration draft the ratify to ❑

The conference ended with a resolution pressing the United Nations United the pressing resolution a with ended conference The

ant village was flooded by delegations from around the Arctic Circle. Arctic the around from delegations by flooded was village ant

Kuujjuak, the administrative capital of the region. The 2,000-inhabit- The region. the of capital administrative the Kuujjuak,

General Assembly of the Inuit Circumpolar Conference was hosted in hosted was Conference Circumpolar Inuit the of Assembly General

Nunavik was at the heart of the Inuit world in August when the Ninth the when August in world Inuit the of heart the at was Nunavik

The Inuit Circumpolar Conference General Assembly General Conference Circumpolar Inuit The

take appropriate decisions and administrative efficiency. administrative and decisions appropriate take

expected to improve their economic situation, the regional capacity to capacity regional the situation, economic their improve to expected

issues within the existing political and administrative bodies and is and bodies administrative and political existing the within issues

that will last for the next 25 years. This agreement does cover a lot of lot a cover does agreement This years. 25 next the for last will that

navik representatives concluded a 360 million Canadian dollar deal dollar Canadian million 360 a concluded representatives navik

next year. In the meantime, Quebec province government and Nu- and government province Quebec meantime, the In year. next

three parties are continuing and a breakthrough is expected sometime expected is breakthrough a and continuing are parties three

tonomous government for Nunavik. Official discussions between the between discussions Official Nunavik. for government tonomous

way, and efforts are still ongoing toward the creation of a truly au- truly a of creation the toward ongoing still are efforts and way,

Could a solution be found in the political arena? Some think that think Some arena? political the in found be solution a Could

to official statistics recorded in the M the in recorded statistics official to databank. trinord é

diseases are the main cause of hospitalisation in Nunavik, according Nunavik, in hospitalisation of cause main the are diseases

is especially alarming when it is considered that respiratory-related that considered is it when alarming especially is

adolescents begin smoking when they are less than 10 years old. This old. years 10 than less are they when smoking begin adolescents

revealed that 80 % of Nunavik adolescents smoke, and that 30% of 30% that and smoke, adolescents Nunavik of % 80 that revealed ing in line with drug and alcohol consumption. Moreover, a study a Moreover, consumption. alcohol and drug with line in ing

NORTH AMERICA • •

•

• •

• 57 • 58 • •

• cation of a divergence of policy on this attack. this on policy of divergence a of cation •

•

George Bush to the survival of the Dene economy. There is no indi- no is There economy. Dene the of survival the to Bush George •

•

by the Canadian government in objection to the threat posed by posed threat the to objection in government Canadian the by •

Canada did not join the attack on Iraq, there has been nothing said nothing been has there Iraq, on attack the join not did Canada

about Canadian independence and American indignation when indignation American and independence Canadian about

finish calving. Although there has been a great deal of talk expended talk of deal great a been has there Although calving. finish

herds that migrate through their lands every year shortly after they after shortly year every lands their through migrate that herds

Dene communities of the Yukon, who depend upon the caribou the upon depend who Yukon, the of communities Dene

on the Arctic Ocean side of Alaska has special significance for the for significance special has Alaska of side Ocean Arctic the on

policy, and hence the foreign policy, of the Bush regime. Bush the of policy, foreign the hence and policy, This refuge This

Alaska to oil drilling cannot be separated from the general energy general the from separated be cannot drilling oil to Alaska

April 2002 of a bill to open the Arctic National Wildlife Refuge in Refuge Wildlife National Arctic the open to bill a of 2002 April

eign policy. The passage by the U.S. House of Representatives in Representatives of House U.S. the by passage The policy. eign

, and international relations or for- or relations international and , ” policy Indian “ i.e., practiced,

relationship between First Nations relations as they are currently are they as relations Nations First between relationship

justifies discussing it in this Yearbook? First, it points to the close the to points it First, Yearbook? this in it discussing justifies

dian and American Indian policy, then what is the news value that value news the is what then policy, Indian American and dian

If xenophobia has always been a major factor underlying Cana- underlying factor major a been always has xenophobia If

or dialogue.) or

ments and that have typically been devoid of elements of mutuality of elements of devoid been typically have that and ments

to refer to policies handed down in ministerial state- ministerial in down handed policies to refer to ” policy dian

In- “ term the use I ” relations. foreign “ or ” relations eral-provincial

be discussed in much the same way as Canadians talk about about talk Canadians as way same the much in discussed be fed- “

to describe a set of relationships that deserve to deserve that relationships of set a describe to ” relations Nations

influence on Canadian federal Indian policy. Indian federal Canadian on influence First “ term the use (I

in Canada and, particularly, its particularly, and, Canada in of shaping the First Nations relations Nations First

In this article, I want to consider the significance of xenophobia in xenophobia of significance the consider to want I article, this In

Xenophobia and First Nations Relations Nations First and Xenophobia

world.

of North America than of Europe or of many other parts of the of parts other many of or Europe of than America North of

not at all new. Nor has it, historically, been more characteristic more been historically, it, has Nor new. all at not

characterized largely by xenophobia. This phenomenon is, of course, of is, phenomenon This xenophobia. by largely characterized

geist of the present moment, at least here in North America, is America, North in here least at moment, present the of geist

ed.n.) in trying to understand political currents, then the Zeit- the then currents, political understand to trying in ed.n.)

f it is, indeed, helpful to speak of a a of speak to helpful indeed, is, it f (the spirit of a period, a of spirit (the Zeitgeist CANADA The FNGI hearings

The legislative package – the First Nations Governance Initiative (FNGI) – presented by Robert Nault, the Minister of Indian Affairs and Northern Development, was a suite of three bills: one about First Nations Governance, a second on land claims and a third on First Nations financial institutions (see The Indigenous World 2001-2002). Since the three bills were, by the Minister’s own admission, part of a single comprehensive program, any serious legislative review would have studied them as package. Instead, the government chose, in the fall of 2002, to ensure that the bills were studied separately, often without any assurance that the same MPs would participate in either the hearings or the report writing on all three bills. The First Nations Governance bill was sent to a Commons Com- mittee shortly before Parliament adjourned for the summer in 2002. Since the bill was sent to committee before its second reading, i.e., approval in principle, the committee could have conducted wide rang-

ing hearings and brought in a comprehensive report rather than a

narrow, technical report aimed only at approving a bill already ap- •

•

proved in principle by the House of Commons. Instead, the Committee •

•

Chair chose to postpone hearings until late in the fall, when the bill had • •

• been re-introduced at the start of a new parliamentary session. •

• 59

• 60 Peoples issued a study on implementing the Report of the Royal the of Report the implementing on study a issued Peoples • •

• As recently as three years ago, the Senate Committee on Aboriginal on Committee Senate the ago, years three as recently As •

•

the cooperation of First Nations. First of cooperation the •

•

that strongly favored genuine self-government legislation drafted with drafted legislation self-government genuine favored strongly that •

it may also be possible to appeal to a recent report of a Senate Committee Senate a of report recent a to appeal to possible be also may it

is if a bill violates the fundamental rights of citizens. In this instance, this In citizens. of rights fundamental the violates bill a if is

consider their testimony. Another key reason for Senate intervention Senate for reason key Another testimony. their consider

if the other House has either failed to hear witnesses or failed to failed or witnesses hear to failed either has House other the if

interfere with legislation sent up to it from the House of Commons is Commons of House the from it to up sent legislation with interfere

the few grounds on which the appointed Senate becomes willing to willing becomes Senate appointed the which on grounds few the

s undoing. One of One undoing. s ’ government the be to prove may however, This,

criteria, always to the disadvantage of First Nations.) First of disadvantage the to always criteria,

, like most colonial legislation, has long used racial used long has legislation, colonial most like , dian Indian Act Indian

The Cana- The ” race-based. “ been have laws citizenship own s ’ Nation

” legislation. race-based “ as Act Indian the amending (In fact, no First no fact, (In

standing line about the Indian Act and, hence, the current legislation current the hence, and, Act Indian the about line standing

less of what he set before them. Reform MPs continued their long- their continued MPs Reform them. before set he what of less

Liberal MPs appeared determined to support the Minister regard- Minister the support to determined appeared MPs Liberal

tems of the First Nations. First the of tems

sors than there was in the rich and complex political and legal sys- legal and political complex and rich the in was there than sors

s own predeces- own s ’ committee the of record historical the in interest more

rance that can be achieved only by careful cultivation. There was no was There cultivation. careful by only achieved be can that rance

tions from Liberal and Alliance MPs demonstrated the kind of igno- of kind the demonstrated MPs Alliance and Liberal from tions

almost all facets of political thought in North America today. Ques- today. America North in thought political of facets all almost

the Minister reflects the rising tide of xenophobia that characterizes that xenophobia of tide rising the reflects Minister the

genuine dialogue and, instead, to become the willing handmaiden of handmaiden willing the become to instead, and, dialogue genuine

The willingness of this present committee to abandon any effort at effort any abandon to committee present this of willingness The

other than voting. than other

s Association join the Committee with all the rights of an MP an of rights the all with Committee the join Association s ’ Women

sembly of First Nations, the Native Council of Canada and the Native the and Canada of Council Native the Nations, First of sembly

tions self-government, had had self-government, tions Members representing the As- the representing Members ex officio ex

dialogue with First Nations leaders and, during a study of First Na- First of study a during and, leaders Nations First with dialogue

when Members of Parliament (MPs) sought to engage in a genuine a in engage to sought (MPs) Parliament of Members when

the Commons Indian Affairs Committee in the 1970s and early 80s, early and 1970s the in Committee Affairs Indian Commons the

own memory or historical studies make us familiar with the work of work the with familiar us make studies historical or memory own

been appalling enough under any circumstances. Those of us whose us of Those circumstances. any under enough appalling been

This conduct by the chair and the Liberal majority would have would majority Liberal the and chair the by conduct This

of the two companion measures was not part of its mandate. its of part not was measures companion two the of

across Canada holding hearings on the Governance Act, discussion Act, Governance the on hearings holding Canada across

they had been approved in principle. When the Committee traveled Committee the When principle. in approved been had they

were held on the other two bills, in the winter of 2002-2003, only only 2002-2003, of winter the in bills, two other the on held were after Very hasty hearings at which First Nations had to demand to be heard be to demand to had Nations First which at hearings hasty Very Commission on Aboriginal Peoples called Forging New Relationships. In contrast, this Commons Committee, far from wanting to forge new relationships, gave all the signs of returning to the xenophobic attitudes characterising the Act for the Gradual Civilization of the Indians. This attitude was further reflected in their decision to hold separate and very abbreviated hearings on the bills on land claims and financial institutions. When the Minister began his campaign, in 2001, he said that it was his job to create the ideal institutions for First Nations Governance. Now he has persuaded the Commons Commit- tee to treat the First Nations’ land base and First Nations’ financial institutions (including powers and methods of taxation) separate and apart from institutions of governance. Thirdly, it might have been at least a little bit more difficult to sell such a legislative package either to Parliament or to the Canadian public if the general North American political atmosphere were closer to the Zeitgeist of the early 1980s when the Commons Committee on First Nations Self-Government produced a report that was widely acclaimed for speaking about First Nations political issues in the same language that First Nations leaders spoke about their concerns. It is no coincidence that this legislative package was first introduced following the events of September 11 and reintroduced as the United States was gearing up for its attack on Iraq.

Increasing “homeland security”

A certain amount of “antipathy to foreigners” was perhaps to be expected following such an horrendous event. The decision to ride this wave of xenophobia by promoting a variety of measures pretend- ing to increase “homeland security” is already well-known. Less well–known, and much in need of discussion, are the variety of ways in which these measures and the attitudes that have made them possible have worked to throw First Nations relations back to the dark days when an Indian could be convicted of a criminal offense for exercising ordinary human rights. Nault’s threats to destabilize the elected leadership of First Na- tions that were unwilling to fall in line with his program took on new

dimensions over the past year: First Nations communities in Ontario

and Manitoba which had refused to follow departmental directions •

•

on non-financial matters were put under third-party receivership, a •

•

process intended only for communities verging on bankruptcy. • •

• M’chigeeng, an Anishnabek community on Manitoulin Island, for •

• 61

• 62 ers of such demonstrations to be detained indefinitely without trial. without indefinitely detained be to demonstrations such of ers • •

• such decision. The supposed anti-terrorist legislation will allow lead- allow will legislation anti-terrorist supposed The decision. such •

•

tions issues in Canada is likely to give very careful consideration to any to consideration careful very give to likely is Canada in issues tions •

•

have commonly been necessary to gain public attention for First Na- First for attention public gain to necessary been commonly have •

Anyone planning serious public demonstrations of the kind that kind the of demonstrations public serious planning Anyone

that nobody will answer the phone. the answer will nobody that

always been in danger of falling on deaf ears. Now it is most likely most is it Now ears. deaf on falling of danger in been always

Any attempt to gain serious media for a First Nations issue has issue Nations First a for media serious gain to attempt Any

The media have sent all their most energetic reporters overseas. reporters energetic most their all sent have media The

. 1887 the as such Indian Allotment Act Allotment Indian

and treaty rights in Canada have been adaptations of U.S. measures U.S. of adaptations been have Canada in rights treaty and

Historically, policies of assimilation and termination of Aboriginal of termination and assimilation of policies Historically,

the caribou herd on which the Dene in the northern Yukon depend. Yukon northern the in Dene the which on herd caribou the

Bush administration to develop the Alaska North Slope at the expense the at Slope North Alaska the develop to administration Bush

likely that the present Liberal government would resist a move by the by move a resist would government Liberal present the that likely

imported from the right wing of the U.S. Republican Party. It is un- is It Party. Republican U.S. the of wing right the from imported

Aboriginal and treaty rights is a part of the ideology that they have they that ideology the of part a is rights treaty and Aboriginal

Canada in a number of ways. The hostility of the Alliance Party to Party Alliance the of hostility The ways. of number a in Canada

This atmosphere has come to permeate First Nations relations in relations Nations First permeate to come has atmosphere This

. ” Battles all of Mother

the curious phrase they took from Saddam Hussein, in 1990, of of 1990, in Hussein, Saddam from took they phrase curious the The “

battle. Perhaps this is why the American media so strongly adopted strongly so media American the why is this Perhaps battle.

conquered and then, in each new battle, to re-enact an imagined proto- imagined an re-enact to battle, new each in then, and conquered

ate the customs and rituals of those these warriors claim to have to claim warriors these those of rituals and customs the ate

any issue of authenticity, there appears to be a need both to appropri- to both need a be to appears there authenticity, of issue any

doing what they described as as described they what doing . Apart from Apart . ” Dance War Seminole a “

crew members of a U.S. Tank Corps preparing for battle in Iraq by Iraq in battle for preparing Corps Tank U.S. a of members crew

Even more bizarre was the photo in a Toronto newspaper of the of newspaper Toronto a in photo the was bizarre more Even

s order in what is still known as as known still is what in order s ’ Jackson Andrew . ” Tears of Trail The “

the territory to which the the which to territory the were driven by driven were ” Tribes Civilized Five “

successors to the U.S. Cavalry will know that that know will Cavalry U.S. the to successors was ” Country Indian “

heard in similar footage from U.S. planes over Vietnam. Few of these of Few Vietnam. over planes U.S. from footage similar in heard

their new enemy territory as as territory enemy new their , much as could be could as much , ” country Indian “

Afghanistan carried the voices of pilots and crew members describing members crew and pilots of voices the carried Afghanistan

Some of the earliest video footage from American planes over planes American from footage video earliest the of Some

tal rights of due process. due of rights tal

setting aside Nault aside setting s dictatorial order because it violated fundamen- violated it because order dictatorial s ’

gikum First Nation, in North Western Ontario, won a court order court a won Ontario, Western North in Nation, First gikum

have mail-in ballots for band members who live off-reserve. live who members band for ballots mail-in have Pikan-

to implement a Supreme Court order, demanded that M that demanded order, Court Supreme a implement to chigeeng ’

traditional mode of government. The Minister, ostensibly attempting ostensibly Minister, The government. of mode traditional example, was put under third-party receivership when it adopted a adopted it when receivership third-party under put was example, A significant number of First Nations people from Canada are serving in the U.S. military in Iraq. This has long been a route by which people who have a recognized right to cross the border into the United States have been able to solve the poverty issues arising from their loss of land and to meet a variety of other needs. Doug Cuthand, a well-known Cree journalist from Saskatchewan, wrote a commentary about his compatriots who carried on a warrior tradition in this way. He lamented the American decision to enter the war but concluded, on balance, that regardless of one’s political views, it was essential to support the troops because of the high rate of enlistment of First Nations people from both Canada and the U.S. It would appear disloyal to suggest that this analysis plays into the hands of the political movements that want to suspend all political discourse until the Axis of Evil has been conquered. When Nault’s train gets far enough down the track that we can all regain some perspective, it will become apparent that the First Na- tions are all still here. Nobody will have gone away. Neo-colonialism will have generated enough resistance to blunt many of its intended effects. Nault’s ideal institutions will have done nothing to improve daily life in First Nations communities. Meanwhile, the more determined and dedicated First Nations people will continue to renew and re-create their own institutions of self-government. ❑

Notes and references

1 Some readers may be familiar with the 1969 “White Paper” introduced by Canada’s present Prime Minister when he was the Minister of Indian Affairs. The formal title of that “White Paper” was Jean Chrétien, Statement of the Government of Canada on Indian Policy, 1969, Ottawa, Queen’s Printer. 2 “Bill to open wildlife refuge for drilling”, Toronto Globe and Mail, April 12, 2002. 3 Given the legendary level of reliability of the Canadian Post Office, nobody outside of the Indian Affairs Department would suggest that a mail-in ballot was a reasonable way in which to conduct an election in

Canada.

•

• •

• 63

• 64 cosmological balance of the Quechan. the of balance cosmological • •

• gold. If Glamis prevails, then the site will be destroyed, disrupting the disrupting destroyed, be will site the then prevails, Glamis If gold. •

•

for every 280 tons of rock removed, Glamis will receive 10 ounces of ounces 10 receive will Glamis removed, rock of tons 280 every for •

•

remove gold from the rock. According to the company the to According rock. the from gold remove s prospectus, s ’ •

Glamis gold intends to excavate an 88-story pit and use cyanide to cyanide use and pit 88-story an excavate to intends gold Glamis

used by the Quechan community for visions and spiritual travel. spiritual and visions for community Quechan the by used

s dream trails are trails dream s ’ region The area. the in mining pit open start to sion

site, Glamis Gold, a Canadian Mining Company was given permis- given was Company Mining Canadian a Gold, Glamis site,

s order protecting the protecting order s ’ Clinton revoked Bush President After mining.

California, is in imminent danger of being destroyed due to gold to due destroyed being of danger imminent in is California,

tions, however. An incredibly critical site, located at Indian Pass, Indian at located site, critical incredibly An however. tions,

This outcome will probably not occur in a number of other situa- other of number a in occur not probably will outcome This

agement promised not to issue new leases in the future. the in leases new issue to not promised agement

Trust for Historic Preservation. In addition, the Bureau of Land Man- Land of Bureau the addition, In Preservation. Historic for Trust

to Native peoples, the corporation donated their leases to the National the to leases their donated corporation the peoples, Native to

issue. Once Anschutz became aware of the significance of this region this of significance the of aware became Anschutz Once issue.

gion. Local politicians from Montana also added their voices to the to voices their added also Montana from politicians Local gion.

s right to drill in the re- the in drill to right s ’ corporation the fought communities Native

turned. The Sierra Club, National Trust Foundation and numerous and Foundation Trust National Club, Sierra The turned.

tection given to the site by outgoing President Clinton was over- was Clinton President outgoing by site the to given tection

s election, executive pro- executive election, s ’ Bush President after days Twelve campaign.

Corporation. Philip E. Anschutz had been a major donor to the Bush the to donor major a been had Anschutz E. Philip Corporation.

the Interior Department, leased the region to Anschutz Exploration Anschutz to region the leased Department, Interior the

nations. Last year, the Bureau of Land Management, an agency under agency an Management, Land of Bureau the year, Last nations.

numerous petroglyphs and is considered sacred to at least ten Native ten least at to sacred considered is and petroglyphs numerous

Weatherman Draw, also known as the Valley of the Chiefs, contains Chiefs, the of Valley the as known also Draw, Weatherman

Sacred sites Sacred

oversight of Indian trust monies and sovereignty issues. sovereignty and monies trust Indian of oversight ’ Affairs

dresses controversies surrounding sacred sites, the Bureau of Indian of Bureau the sites, sacred surrounding controversies dresses

trate the uphill battle faced by these individuals, this chapter ad- chapter this individuals, these by faced battle uphill the trate

continued to strive for the rights of Native peoples. In order to illus- to order In peoples. Native of rights the for strive to continued

collaboration with Native leaders and various interests groups, have groups, interests various and leaders Native with collaboration

facing Native Americans. Fortunately, a number of elected officials, in officials, elected of number a Fortunately, Americans. Native facing

fears of terrorism, however, little federal policy has addressed issues addressed has policy federal little however, terrorism, of fears

United States. With war looming, a sagging economy and local and economy sagging a looming, war With States. United

s in the past, numerous concerns face the Native peoples of the of peoples Native the face concerns numerous past, the in s THE UNITED STATES UNITED THE 4 87 5 1 6 2

1. Medecine Lake 4. Bear Butte Mountain 7. Fort Peck Tribes 2. Fallon Paiute Shoshone 5. Little Big Horn 8. Crow Reservation Reservation 6. Northern Cheyenne 3. Zuni Salt Lake Reservation

Another endangered sacred place involves Salt Lake, located approximately 60 miles south of Zuni Pueblo in New Mexico. During the summer months, the Zuni, Navajo, Acoma and Laguna harvest salt from the lake’s shoreline. Salt taken from the shores symbolizes the flesh of Salt Woman. Her gift provides blessings, medicine and nour- ishment to the indigenous peoples of the region. Pilgrimage paths to the area are considered sacred trails that are protected by shrines. In addition, these roads lead to numerous other sacred sites. Salt River Project, the United State’s third largest public utility, wants to strip mine at Fence Lake, 10 miles from the Zuni Salt Lake. In order to engage in this project, 85 gallons of water a minute will be pumped from the lake to settle coal dust. It will be operated for 40 years. Native peoples fear the pumping will take water from the spring that feeds Salt Lake. A federally sponsored study of the under-

ground water systems, which is still incomplete, states that this

pumping will not adversely affect Salt Lake. A number of non-profit •

•

water specialists claim, however, that the underground aquifers are •

•

linked, and that pumping by the Salt River Project will drain the • •

• shallow Salt Lake. Besides the potential damage to Salt Lake, there is •

• 65

• 66 peoples between 1887 and 1934. Most the land base that was lost entered lost was that base land the Most 1934. and 1887 between peoples • •

• This is due to the fact that 90 million acres were taken from Native from taken were acres million 90 that fact the to due is This •

•

estimated that 75% of tribal sacred land is unavailable to Native peoples. Native to unavailable is land sacred tribal of 75% that estimated •

•

Unfortunately, it has been difficult to protect indigenous sites. It is It sites. indigenous protect to difficult been has it Unfortunately, •

identified in regions considered sacred to Native peoples. Native to sacred considered regions in identified

ciency in terms of energy sources. Prime drilling areas have been have areas drilling Prime sources. energy of terms in ciency

currently looks unlikely. Federal agencies are advocating self-suffi- advocating are agencies Federal unlikely. looks currently

negatively impact on sacred lands. The passage of this legislation this of passage The lands. sacred on impact negatively

s Executive Order that federal projects may not may projects federal that Order Executive s ’ Clinton to teeth add to

tribes prior to development of sacred areas. In addition, they are trying are they addition, In areas. sacred of development to prior tribes

s 1997 Executive Order mandating consultation with consultation mandating Order Executive 1997 s ’ Clinton President

Rahall and Dale Kildee, both Democrats, are attempting to strengthen to attempting are Democrats, both Kildee, Dale and Rahall

efforts to protect sacred sites. Congressmen Nick Congressmen sites. sacred protect to efforts ’ peoples Native

A number of national leaders have been involved in assisting in involved been have leaders national of number A

it will be difficult for Native peoples to block construction. block to peoples Native for difficult be will it

Strugis, South Dakota are fighting for the development of this project, this of development the for fighting are Dakota South Strugis,

s sacredness. Because town leaders from leaders town Because sacredness. s ’ land the disturb will range

According to these Native Nations, the noise of the guns at the fire the at guns the of noise the Nations, Native these to According

for when soldiers from the United States cavalry entered the area. the entered cavalry States United the from soldiers when for

gious activities. The land has never witnessed violent behavior except behavior violent witnessed never has land The activities. gious

their view, Bear Butte is holy and critical for visions and other reli- other and visions for critical and holy is Butte Bear view, their

are attempting to block the development of the project. According to According project. the of development the block to attempting are

yenne, Lakota, Arapaho, Kiowa, Crow, Mandan, Hidatsa and Arikira and Hidatsa Mandan, Crow, Kiowa, Arapaho, Lakota, yenne,

shooting range and sports complex. Representatives from the Che- the from Representatives complex. sports and range shooting

have bought land four miles from the place in order to open a vast a open to order in place the from miles four land bought have

ming is another sacred place in imminent danger. Private investors Private danger. imminent in place sacred another is ming

Bear Butte Mountain on the border with South Dakota and Wyo- and Dakota South with border the on Mountain Butte Bear

acre from the lake. the from acre

$120 million, 48-megawatt geothermal power plant to drill wells one wells drill to plant power geothermal 48-megawatt million, $120

Forest Service granted the Calpine Corporation the right to develop a develop to right the Corporation Calpine the granted Service Forest

s election, however, the Bureau of Land Management and the and Management Land of Bureau the however, election, s ’ Bush

east California. President Clinton had protected the region. Upon region. the protected had Clinton President California. east

Modoc Nation as well as leaders from other communities in north- in communities other from leaders as well as Nation Modoc

lake is used for healing and training spiritual leaders belonging to the to belonging leaders spiritual training and healing for used is lake

California is also in imminent danger of destruction. Water from the from Water destruction. of danger imminent in also is California

Medecine Lake, located in the volcanic areas east of Mount Shasta, Mount of east areas volcanic the in located Lake, Medecine

mining.

s inauguration, the Salt River Project received a permit to begin to permit a received Project River Salt the inauguration, s ’ Bush

convince President Clinton to protect the region. Unfortunately, after Unfortunately, region. the protect to Clinton President convince

in the region. The Zuni, Navajo, Acoma and Laguna had managed to managed had Laguna and Acoma Navajo, Zuni, The region. the in

Lake. So far, over 550 burial and archeological sites have been located been have sites archeological and burial 550 over far, So Lake. the imminent destruction of numerous important sites near Fence near sites important numerous of destruction imminent the into private, state or federal hands. During the current political climate, sacred sites will remain in danger of being destroyed. It is estimated that at least 10% of untapped energy sources are on Indian lands.

Indian Trust Accounts

In 1996, Eloise Cobell and four other Native peoples filed a class action suit against the United States Department of the Interior. The Department of the Interior oversees trust lands for indigenous peoples in the United States. This relationship dates from the 1887 allotment act, when nearly 11 million acres were placed in federal trust. The Bureau of Indian Affairs, a sub-agency of the Department of the Inte- rior, leases Native lands for the extraction of resources. Native owners of these lands were to receive income on the leasing of their property for oil development, mineral extraction, timber and grazing. As Cobell and other Native peoples learned, however, the government did not keep accurate records of monies owed to the landowners. Accounts dating back to the 1800s have been misplaced, never filed or destroyed. Receipts from 1906 to 1990 are stored in 120 different locations. Some are written on napkins or other scraps of paper. The United States Congress wants to place a cap on the accounting cost of finding all this missing information. Consequently, they only want to apportion 500 million dollars to the project and limit its search to between 1985 and 2000. Native peoples, on the other hand, want a full accounting of all trust monies determined. It is estimated that they are owed at least 10 billion in back payments. Because of the stonewalling of federal officials in the face of this lawsuit, nearly 40 former or current senior managers, attorneys and employees, along with the Department of the Interior, Bureau of In- dian Affairs, Solicitor’s Office and Department of Justice are under contempt. In addition, two Secretary of Interiors and two Assistant Secretaries of Indian Affairs, as well as the Secretary of Treasury, are facing contempt charges. The case will more than likely be capped at 500 million dollars and only date back to 1985.

State issues

•

Senator Tom Daschle of South Dakota has established a panel of •

•

reconciliation with Native peoples of the region. In the past, the state’s • •

• legislature has passed laws considered racist by many Native peo- •

• 67 • 68 • • • • • •

•

have no legal rights unless granted by the federal government. federal the by granted unless rights legal no have ❑

Native peoples interpret this ruling to mean that tribes that mean to ruling this interpret peoples Native ” violations.

officers cannot enter a reservation to investigate or prosecute such prosecute or investigate to reservation a enter cannot officers

neither prescribes nor suggests that state that suggests nor prescribes neither “ law, federal that ruled

tribal member. When the case went to the Supreme Court, the court the Court, Supreme the to went case the When member. tribal

officials entered tribal lands to execute a search warrant against a against warrant search a execute to lands tribal entered officials

tion has suggested a further erosion of tribal law. In this case, state case, this In law. tribal of erosion further a suggested has tion

however. Recently, a situation at the Fallon Paiute-Shoshone reserva- Paiute-Shoshone Fallon the at situation a Recently, however.

list continually grows - are under the jurisdiction of federal agencies, federal of jurisdiction the under are - grows continually list

court system for a wide array of situations. Various federal laws - the - laws federal Various situations. of array wide a for system court

In the past, each federally recognized tribe maintained an internal an maintained tribe recognized federally each past, the In

Tribal Sovereignty Tribal

their contributions. their

law enforcement officials, as well as NASA, have frequently noted frequently have NASA, as well as officials, enforcement law

in the search for pieces of the shuttle that crashed in East Texas. Local Texas. East in crashed that shuttle the of pieces for search the in

Cheyenne Reservation and the Crow Reservation have been involved been have Reservation Crow the and Reservation Cheyenne

Over 100 Native firefighters from the Fort Peck Tribes, Northern Tribes, Peck Fort the from firefighters Native 100 Over

kota, Cheyenne and Arapaho warriors. Arapaho and Cheyenne kota,

the fallen soldiers. This new monument will commemorate the La- the commemorate will monument new This soldiers. fallen the

Currently there is a memorial to Custer and numerous headstones to headstones numerous and Custer to memorial a is there Currently

peoples are dedicating a memorial to those soldiers who fought Custer. fought who soldiers those to memorial a dedicating are peoples

On June 25, 2003, the 127 the 2003, 25, June On anniversary of Little Big Horn, Native Horn, Big Little of anniversary

of the problems through his reconciliation panel. reconciliation his through problems the of

leads to police harassment. Senator Daschle is hoping to defuse some defuse to hoping is Daschle Senator harassment. police to leads

identifies them as members of a reservation community, which in turn in which community, reservation a of members as them identifies

numbers on car license plates. According to Native peoples, this peoples, Native to According plates. license car on numbers

protection. In addition, the state legislature instituted the use of county of use the instituted legislature state the addition, In protection.

feathers and other items of power from their rearview mirrors as mirrors rearview their from power of items other and feathers

rearview mirrors of cars. Many Native peoples dangle dream catchers, dream dangle peoples Native Many cars. of mirrors rearview ples. Most recently, the legislature outlawed hanging items from the from items hanging outlawed legislature the recently, Most ples. MEXICO,

CENTRAL AMERICA AND

•

THE CIRCUMCARIBBEAN •

•

• •

• 69

• 70 years in the border area between Zacatecas and Durango. and Zacatecas between area border the in years • •

• ing the provision of 5,465 has of forest that had been disputed for 40 for disputed been had that forest of has 5,465 of provision the ing •

•

another 180 inhabitants. The indigenous Tepehuano were demand- were Tepehuano indigenous The inhabitants. 180 another •

•

Pajaritos and Bernalejo de la Sierra, and made as if to forcibly remove forcibly to if as made and Sierra, la de Bernalejo and Pajaritos •

more than 200 200 than more members from the Zacatecas communities of communities Zacatecas the from members ejido

from Durango, armed with machetes and - allegedly - guns, removed guns, - allegedly - and machetes with armed Durango, from

On 21 February 2002, around 350 Tepehuano community members community Tepehuano 350 around 2002, February 21 On

Agrarian conflict in Zacatecas and Durango and Zacatecas in conflict Agrarian

s resolution. s ’ Court Supreme the to opposed

intellectuals, federal and state authorities etc., declared themselves declared etc., authorities state and federal intellectuals,

demands. Subsequently, indigenous and human rights organisations, rights human and indigenous Subsequently, demands.

of eight votes to three to declare itself incompetent to consider these consider to incompetent itself declare to three to votes eight of

lished on 14 August 2001. This highest court decided by a majority a by decided court highest This 2001. August 14 on lished

prove constitutional reforms to indigenous rights and culture, pub- culture, and rights indigenous to reforms constitutional prove

tional disputes presented against the congressional procedure to ap- to procedure congressional the against presented disputes tional

Justice of the Nation declared inadmissible 322 of the 330 constitu- 330 the of 322 inadmissible declared Nation the of Justice

). On 6 September 2002, the Supreme Court of Court Supreme the 2002, September 6 On ). enous World 2001-2002 World enous

(see (see the as known – Constitution federal the of The Indig- The gena í Ind Ley

constitutional disputes against reforms of articles 1, 2, 4, 18 and 115 and 18 4, 2, 1, articles of reforms against disputes constitutional

n, Jalisco, Puebla, Tabasco, Hidalgo and Tlaxcala submitted 330 submitted Tlaxcala and Hidalgo Tabasco, Puebla, Jalisco, n, á ac

the states of Oaxaca, Chiapas, Guerrero, Morelos, Veracruz, Micho- Veracruz, Morelos, Guerrero, Chiapas, Oaxaca, of states the

As will be recalled, between July and October 2001, municipalities in municipalities 2001, October and July between recalled, be will As

Constitutional disputes Constitutional

Mexican army. Mexican

tral regions of the state have had to confront security forces and the and forces security confront to had have state the of regions tral

where the indigenous peoples of the Monta the of peoples indigenous the where a, Costa Chica and Cen- and Chica Costa a, ñ

Zacatecas and Oaxaca, caused by agrarian conflicts, and in Guerrero, in and conflicts, agrarian by caused Oaxaca, and Zacatecas

a daily basis. To this must be added the events that took place in place took that events the added be must this To basis. daily a

assment at the hands of the army and paramilitary forces virtually on virtually forces paramilitary and army the of hands the at assment

, in which indigenous communities suffered har- suffered communities indigenous which in , ” conflict intensity

August 2001 as inadmissible. Chiapas became immersed in a a in immersed became Chiapas inadmissible. as 2001 August low “

of the Nation judged the constitutional disputes presented on 14 on presented disputes constitutional the judged Nation the of

backwards slide over the last year. The Supreme Court of Justice of Court Supreme The year. last the over slide backwards

he position of the indigenous peoples in Mexico experienced a experienced Mexico in peoples indigenous the of position he MEXICO A number of previous points must be recalled. Firstly that, by Presi- dential Resolution of 19 August 1936, an area of 421,139 had been returned to the Santa María Ocotán community, the owner of para- mount titles protecting their territory.2 Implementation of this decision was only partly carried out up to 20 September 1975, “by virtue of the judicial protection granted to individuals; through material impossibility, and because 5,465 has were allocated to the Bernalejo ejido.”3 In 1956, by means of a Presidential Resolution, an area of 5,465 has had been granted to Bernalejo as a land allocation.4 It was after this that the Zacateca farmers began to exercise their rights over the lands which, in the end, became the focus of a dispute. These lands were disputed for many years, until President Zedillo decreed their expropriation in June 1997 from the Bernalejo ejido, in return for a sum of 4,645,250 pesos compensation, in favour of the community of Santa

María Ocotán and Xoconostle, municipality of Mezquital, Durango.5

The ejido did not agree with the decision and, on 19 February 2003, •

•

the Unitary Agrarian Court (TUA) of district 1 declared the expropria- •

•

tion decree null and void. • •

• •

• 71

• 72 Teojomulco). The authorities hypothesise that the causes of the massa- the of causes the that hypothesise authorities The Teojomulco). • •

• Las Huertas community (part of the municipality of Santo Domingo Santo of municipality the of (part community Huertas Las •

•

community south of the city of Oaxaca, allegedly by members of the of members by allegedly Oaxaca, of city the of south community •

•

an ambush on the inhabitants of Santiago Xochiltepec, a mountain a Xochiltepec, Santiago of inhabitants the on ambush an •

on 31 May 2002, in which 26 indigenous Zapoteco were murdered in murdered were Zapoteco indigenous 26 which in 2002, May 31 on

This strong agrarian factor was one of the causes of the massacre the of causes the of one was factor agrarian strong This

of hectares involved is 400,500. is involved hectares of

huatl. The total number total The huatl. á N and Huave Cuicateco, Mazateco, the among

Chinanteco, 39 Mixe and 30 Chatino, there being less than 12 conflicts 12 than less being there Chatino, 30 and Mixe 39 Chinanteco,

nities with conflicts, 130 are among the Zapoteco people, 92 Mixteco, 49 Mixteco, 92 people, Zapoteco the among are 130 conflicts, with nities

remaining 286 non-indigenous communities. Of the indigenous commu- indigenous the Of communities. non-indigenous 286 remaining

boundary conflicts, 370 (57%) involve indigenous communities and the and communities indigenous involve (57%) 370 conflicts, boundary

there are 656 agrarian conflicts, 96% of which are over boundaries. Of the Of boundaries. over are which of 96% conflicts, agrarian 656 are there

that have occurred within indigenous populations. In the case of Oaxaca, of case the In populations. indigenous within occurred have that

Land has been one of - if not the - main trigger of many of the conflicts the of many of trigger main - the not if - of one been has Land

a massacre in Oaxaca. in massacre a í Fr Agua the was

One of the bloodiest events of the year for indigenous communities indigenous for year the of events bloodiest the of One

a, Oaxaca a, í Fr Agua in Massacre

have been called to appoint a new one. new a appoint to called been have

as the previous one ended its term of office last year and no elections no and year last office of term its ended one previous the as

committee, no have they moment, the at that, fact the to addition ejido

52 million pesos, but the problem is that the lands are not certified, in certified, not are lands the that is problem the but pesos, million 52

members decided to sell their lands for lands their sell to decided members Bernalejo the Finally, ejido

entered the settlement. the entered

with no further setbacks, elements of the Preventive Federal Police Federal Preventive the of elements setbacks, further no with

Tepehuano again blocked the entry road to Pajaritos for 12 days, until, days, 12 for Pajaritos to road entry the blocked again Tepehuano

of the state police. To prevent the passage of the the of passage the prevent To police. state the of members, the ejido

bers of the Preventive Federal Police, 200 soldiers and 100 members 100 and soldiers 200 Police, Federal Preventive the of bers

Then the situation intensified with the arrival of around 500 mem- 500 around of arrival the with intensified situation the Then

heading for the municipal centre of Valpara of centre municipal the for heading so, Zacateca. so, í

200 people, including at least 30 minors, left the Pajaritos settlement Pajaritos the left minors, 30 least at including people, 200

to the siege imposed on them by the indigenous Tepehuano, around Tepehuano, indigenous the by them on imposed siege the to

supported by indigenous Huichol from Jalisco. Some days later, due later, days Some Jalisco. from Huichol indigenous by supported

members who were settled on the lands at dispute was dispute at lands the on settled were who members 260 evict ejido

incursion of approximately 2,000 indigenous Tepehuano to forcibly to Tepehuano indigenous 2,000 approximately of incursion

ties of Bernalejo and Pajaritos, annexed to the Bernalejo Bernalejo the to annexed Pajaritos, and Bernalejo of ties . This . ejido

s decision, the indigenous surrounded the Zacatecas communi- Zacatecas the surrounded indigenous the decision, s ’ TUA

rived, exactly one year on, in February and March 2003. Resisting the Resisting 2003. March and February in on, year one exactly rived, Following the occupation of February 2002, further tense days ar- days tense further 2002, February of occupation the Following cre were inter-community conflicts, problems with tree felling, drugs trafficking or border conflicts. Some people suggest the motive may have been “personal revenge”, and even that the ambush could have been “a mere robbery”.8 The victims were travelling in a dump truck when they were intercepted by a group of armed men. They forced the driver to get out of the van. Immediately, the rest were killed by bursts of high power gunfire, leaving the bodies in the van. The driver was then ordered to remove the bodies from the van, leaving them piled up, and they were immediately stripped of their possessions. The driver, Antonio Pérez López, was unhurt, and two people survived the massacre, one of whom later died. Following these events, the police arrived in Santo Domingo Teojomulco to arrest people from the community but, in the action, committed excesses such as searching houses without producing a warrant. The governor of Oaxaca, José Murat, blamed the massacre on the marginalisation in which the indigenous communities live, while the Ministers for the Environment and for Agrarian Reform each gave their own reasons: the first stated that the problem was a dispute over 4,622 has of land and the second that the violence broke out over the issuing of a permit for logging to the Santa María Zaniza community.9 Both soon attempted to deny any responsibility. The State Attorney- General arrested 17 people allegedly responsible for the Agua Fría massacre, 15 of whom were taken to the Santa María Ixcotel state prison and two, being minors, placed at the disposal of the Guardi- anship Council and later freed. Paramilitary group involvement in the massacre cannot be ruled out, as noted by indigenous and human rights organisations. Towards the end of May 2003, the third Colle- giate Court of the thirteenth circuit, cancelled the arrest warrants for three inhabitants of Santo Domingo Teojomulco accused of being responsible for the murders, and issued arrest warrants for another seven people allegedly involved in the massacre. In its report on the case, the National Commission for Human Rights states that the events “were due to issues related to border conflicts between communities, revolving around old resentments concerning violent acts between both communities, in the face of the impunity created by the lack of clarification of crimes committed, within the

context of constitutional resolutions and trials recently resolved that

led to a heightened climate of tension; additionally, forest exploitation •

•

of the natural resources in territories or areas in dispute strained the •

•

atmosphere in the zone, aspects which [...] even led to groups made up • •

10 • of alliances between communities in conflict.” •

• 73

• 74

a ( a ñ Costa-Monta of Authorities Community Coordinadora Regional de Regional Coordinadora •

•

• s justice system, a project of the Regional Coordinating Body of Body Coordinating Regional the of project a system, justice s ’ state •

• Faced with the inefficiency, corruption and discrimination of the of discrimination and corruption inefficiency, the with Faced •

•

The situation in Guerrero in situation The

lems of fighting poverty and achieving justice have not been resolved. been not have justice achieving and poverty fighting of lems

harassment of the communities. In addition to this, the underlying prob- underlying the this, to addition In communities. the of harassment

of alleged members of paramilitary groups has not put a stop to the to stop a put not has groups paramilitary of members alleged of

on those lands. The army presence continues in Chiapas and the capture the and Chiapas in continues presence army The lands. those on

Chiapas is tense. There is the possibility of eviction of communities settled communities of eviction of possibility the is There tense. is Chiapas

At the time of writing this article, the situation in Montes Azules, Montes in situation the article, this writing of time the At

paramilitary group were arrested. were group paramilitary ” Justice and Peace “ the of members

serious of all, murders, most of which go unpunished, although last year last although unpunished, go which of most murders, all, of serious

threats, community aggression, evictions, illegal detentions and, most and, detentions illegal evictions, aggression, community threats,

various ways: harassment of human rights defenders, kidnappings, death kidnappings, defenders, rights human of harassment ways: various

The paramilitary groups operating in Chiapas have been involved in involved been have Chiapas in operating groups paramilitary The

Ocosingo.

s de Comillas and Comillas de s é Marqu ricas, é Am las de rito é Benem Sabanilla, n, á tiup

, Hui- , é Jolnixti mez, ó G Francisco Polo, Tila, Palenque, as such palities

, ” Enero de Primero “ and , ” Noviembre in addition to established munici- established to addition in

17 de 17 “ , ” Trabajo El “ including: municipalities, autonomous the of forefront

The areas in Chiapas where military presence is noted are also at the at also are noted is presence military where Chiapas in areas The

, etc. , ” works social “ of continuation the women,

and money to children to provide reports on the EZLN, harassment of harassment EZLN, the on reports provide to children to money and

troop and arms mobilisations within the territory, the offering of sweets of offering the territory, the within mobilisations arms and troop

and interrogations, the persistence of police posts, armed manoeuvres, armed posts, police of persistence the interrogations, and

patista support and autonomous municipalities, arbitrary detentions arbitrary municipalities, autonomous and support patista

main aggressors. There were patrols, overflights in areas of Za- of areas in overflights patrols, were There aggressors. main ’ peoples

newspaper articles demonstrated that the army was one of the indigenous the of one was army the that demonstrated articles newspaper

during 2002 had consequences for the indigenous populations. Various populations. indigenous the for consequences had 2002 during

than he thought, as the military presence in Chiapas in presence military the as thought, he than ” nervous “ more

in Chiapas was of concern to the Pope. This This Pope. the to concern of was Chiapas in ” peace was ” peace nervous “

respect for the dignity of man, every man. every man, of dignity the for respect nervous “ the that said also He ”

problems are to be found in all areas of Mexico. That is, problems of poverty, of problems is, That Mexico. of areas all in found be to are problems

a serious one, and also a symbolic one, in the sense that these social these that sense the in one, symbolic a also and one, serious a

who stated that that stated who – Emissary s ’ Pope the problem in Chiapas is a real one, real a is Chiapas in problem the “

President Emeritus of the Pontifical Councils of Justice and Peace, and the and Peace, and Justice of Councils Pontifical the of Emeritus President

2002 began with the visit of Cardinal Roger Etchegaray Etchegaray Roger Cardinal of visit the with began 2002 Chiapas In – Chiapas: the violence continues violence the Chiapas: Autoridades Comunitarias de la Costa-Montaña), known popularly as Community Police, has taken a de facto decision to form its own system of law and justice administration. This decision has elicited a violent reaction from the state authorities, which have fabricated crimes against the communal authorities, such as an abuse of authority, usurping of responsibilities and illegal deprivation of liberty, in order to arrest and prosecute them. In February 2002, at the Palacio de Gobierno (the seat of state government), and in the presence of the military authorities and the Solicitor-General of the Republic, the state security department warned the indigenous authorities in threatening tones that if they continued with their Public Security project then the full force of the state would be implemented against them in order to disarm the Community Police, arrest the chiefs of police and dismantle their autonomous movement. The response of the indigenous peoples was overwhelming: in a huge march to the administrative centre of San Luis Acatlán, in which more than 4,000 people participated, the Mixteco and Tlapaneco peoples, with the support of social and civil organisations, reaffirmed their decision – before state and society – to consolidate and extend their system of indigenous law and justice administration. Two distressing events that caused outrage among the people of Guerrero were the cases of rapes committed by members of the Mexi- can army against two Tlapaneco women from the communities of Barranca Bejuco, municipality of Acatepec, and Barranca Tecuani, municipality of Ayutla. These despicable acts were reported to the civil authorities but, in an attempt to cover up for those authorities responsible, they have declared them to be outside their sphere of competence, and have handed both cases over to the Office of Military Justice (Procuraduría de Justicia Militar), thus leaving the two Tla- paneco women, who are suffering derision and persecution, defenceless. These cases have demonstrated a clear subordination of civil authority to military authority. One reality that has marked the indigenous peoples is their condition of migrant agricultural day labourers. In Montaña, Central region and Costa Chica, 60% of male heads of household go to work in the Sinaloa fields in degrading conditions. Gradually, they have

begun to organise in the fields of the country’s north, demanding

medical care and better wages. In March 2002, around 200 indigenous •

•

people went to the Palacio de Gobierno, in Culiacán, the capital of •

•

Sinaloa state, to demand an audience with the government and to • •

• request recognition of their agricultural day labourers’ union. The •

• 75

• 76

2002. •

•

. Press Release, 5 November 5 Release, Press . ” Chiapas en recurrente ctica á

arbitrarias, pr arbitrarias, •

•

Detenciones Centre. Rights Human Casas las de é Bartolom Fray See 11

“ •

•

, Mexico, 2002. Mexico, , a í Fr •

•

10 National Commission for Human Rights, Rights, Human for Commission National 10 Informe Especial: Caso Agua Caso Especial: Informe

, 4 June 2002. June 4 , See 9 La Jornada La

, 2 June 2002. June 2 , See this. maintained who person La Jornada La

ez, Attorney-General for the State of Oaxaca, was the was Oaxaca, of State the for Attorney-General ez, áñ Santib Sergio 8

xico, 11 June 2002. June 11 xico, é M , Estado de Oaxaca de Estado

7 National Indigenist Institute, Institute, Indigenist National 7 genas en el en genas í Ind Pueblos los de tica á problem La

in Zacatecas. in and Imagen ma

, , from taken reports newspaper on based Information 6 Refor- Jornada La

, 25 June 1997, p. 73. p. 1997, June 25 , 5 n ó Federaci la de Oficial Diario

, 9 April 1956. April 9 , 4 n ó Federaci la de Oficial Diario

2003.

3 Minister for Agrarian Reform, Press Release SRA/006, 22 February 22 SRA/006, Release Press Reform, Agrarian for Minister 3

the United States of Mexico, 22 September 1936, p. 6. p. 1936, September 22 Mexico, of States United the

, organ of the Constitutional Government of Government Constitutional the of organ , 2 n ó Federaci la de Oficial Diario

trans. note. trans. – farm cooperative-run or communal a Mexico, in – Ejido 1

Notes and references and Notes

their self-determination. their ❑

authorities, what the Amuzgo want is respect for their decisions and decisions their for respect is want Amuzgo the what authorities,

indigenous people. Beyond recognition and a subsidy from the state the from subsidy a and recognition Beyond people. indigenous

ings in Xochistlahuaca in order to revitalise their own path as an as path own their revitalise to order in Xochistlahuaca in ings

indigenous authorities have been occupying the municipal build- municipal the occupying been have authorities indigenous

appointed their traditional authorities and, since 1 December, the December, 1 since and, authorities traditional their appointed

Electoral Council. So the chiefs (the elders) of the Amuzgo people Amuzgo the of elders) (the chiefs the So Council. Electoral

ment in place of the caciques, the political parties and the State the and parties political the caciques, the of place in ment

ance and struggle to take on the responsibility of community govern- community of responsibility the on take to struggle and ance

crimination has gradually created a movement of organised resist- organised of movement a created gradually has crimination

tional law. Their bitter history of tyranny, violence, misery and dis- and misery violence, tyranny, of history bitter Their law. tional

their own municipal authorities in accordance with Amuzgo tradi- Amuzgo with accordance in authorities municipal own their

lahuaca, situated in Costa Chica, the Amuzgo suggested electing suggested Amuzgo the Chica, Costa in situated lahuaca,

At a community assembly in the administrative centre of Xochist- of centre administrative the in assembly community a At

repression.

or politically, those indigenous migrants who were the victims of state of victims the were who migrants indigenous those politically, or

fairs showed neither the will nor the capacity to defend, either legally either defend, to capacity the nor will the neither showed fairs

tory and abusive treatment: the state the treatment: abusive and tory s Secretary for Indigenous Af- Indigenous for Secretary s ’

government at no time made any statement against this discrimina- this against statement any made time no at government

evict them, beating up and arresting their leaders. The Guerrero state Guerrero The leaders. their arresting and up beating them, evict

response was to call upon the anti-riot squad to violently to squad anti-riot the upon call to was response ’ authorities 12 The other autonomous municipalities are “Ernesto Che Guevara”, “Mi- guel Hidalgo”, “Lucio Cabañas”, “Vicente Guerrero”, “17 de Noviem- bre”, “Olga Isabel”, “Ricardo Flores Magón”, “San Juan de La Libertad”, “San Manuel”, “San Pedro de Michoacán”, “Tierra y Libertad” (south of the Lacandon rainforest), and “Francisco Gómez.” 13 For more information: www.laneta.apc.org/cdhbcasas/ 14 This section of the country report is part of a research on violence in indigenous communities under the responsibility of Dr. Rudolfo Stavenhagen, Colegio de México. I am grateful to Alvaro Bello for his comments.

GUATEMALA 2002

he trend towards a low public profile continued throughout the T year, both in terms of the Maya Movement and ethnic issues as a whole. This was due to a number of factors: the slowdown in the FRG (Frente Republicano Guatemalteco/Guatemalan Republican Front1 ) government’s commitment to the peace process, a lack of interest in and insensitivity towards anything associated with the country’s multicultural makeup on the part of Guatemala’s non-indigenous society, and a lack of coordination between the different expressions of organised indigenous people, still expectant and dedicated to reflection. Violence and impunity persist. The political environment continues to be characterised by ungov- ernability and government corruption, which is increasingly leading to political and social polarisation. The erosion of the figure of the President and the party has meant that, despite being halfway through the legislative term, positions have already begun to be taken in relation to the general elections planned for the end of 2003. A great deal of effort has been expended in the race for places and votes within the political world, increasing the atmosphere of tension and violence. While lynching of and uprisings against municipal officials have continued, the violence has been showing increasingly clear signs of political warning. A large number of events were clearly “signed”,

demonstrating the intention to maintain the pressure on certain po-

•

litical players. This atmosphere has influenced the behaviour of the •

•

organised sectors, including the indigenous, and reports from organi- • •

•

sations such as MINUGUA and Amnesty International have repeat- • •

edly denounced this climate. • 77

• 78 lation. Another is the resumption of the discussion on and various and on discussion the of resumption the is Another lation. • •

• trying to develop programmes and policies for the indigenous popu- indigenous the for policies and programmes develop to trying •

•

system. There has been no lack of public figures in government bodies, government in figures public of lack no been has There system. •

•

of various Maya to gain a foothold in the state and party political party and state the in foothold a gain to Maya various of •

tives for action and demands can be identified. The first is the efforts the is first The identified. be can demands and action for tives

In spite of this oppressive environment, certain indigenous initia- indigenous certain environment, oppressive this of spite In

husband of another important activist, Dominga Tec Dominga activist, important another of husband n. ú

together indigenous voices from throughout America, and he was the was he and America, throughout from voices indigenous together

tion), the classic book in which Guillermo Bonfil Batalla gathered Batalla Bonfil Guillermo which in book classic the tion),

(Utopia and Revolu- and (Utopia in published was 1974, in n ó Revoluci y a í Utop

of Mayan thought. One of his finest and most critical articles, written articles, critical most and finest his of One thought. Mayan of

Pop Caal that had the most impact. He was a recognised forerunner recognised a was He impact. most the had that Caal Pop

But it was the kidnapping and subsequent death in Cob in death subsequent and kidnapping the was it But n of Antonio of n á

three Mayan priests in Baja Verapaz, Huehuetenango and El Quich El and Huehuetenango Verapaz, Baja in priests Mayan three . é

and é Quich of department the in ) ( party racy Democracia Cristiana Democracia

Diego Velasco Brito, a well-known ex-deputy of the Christian Democ- Christian the of ex-deputy well-known a Brito, Velasco Diego

ous murders took place of members of the Maya political movement: political Maya the of members of place took murders ous

was murdered. And in December, vari- December, in And murdered. was ú Mench Rigoberta n ó Fundaci

nity centre was burned down; in July, Guillermo Ovalle, from the from Ovalle, Guillermo July, in down; burned was centre nity

outrages, threats and assassinations. In February, the Nebaj commu- Nebaj the February, In assassinations. and threats outrages,

organised elements of the indigenous population, through a series of series a through population, indigenous the of elements organised

The actions of these parallel powers have directly affected the more the affected directly have powers parallel these of actions The

ised in support of President Portillo. President of support in ised

January 2003, when a mass meeting of ex-patrol members was organ- was members ex-patrol of meeting mass a when 2003, January

the power of mobilisation of FRG members, as was demonstrated in demonstrated was as members, FRG of mobilisation of power the

and public appearance of these militarily-controlled structures shows structures militarily-controlled these of appearance public and

the government did not and still does not have. The reorganisation The have. not does still and not did government the

whilst not amounting to the above figure, would require money that money require would figure, above the to amounting not whilst

necessary funds to provide them with some compensation which, compensation some with them provide to funds necessary

indigenous demands, the government immediately agreed to find the find to agreed immediately government the demands, indigenous

armed conflict. In contrast with the passivity shown to peasant and peasant to shown passivity the with contrast In conflict. armed

sation of some US$2,500 each for for each US$2,500 some of sation during the during ” rendered services “

demanding economic compen- economic demanding – violently sometimes – demonstrate

dismantled. This was seen when, from June onwards, they began to began they onwards, June from when, seen was This dismantled.

to an end, but none of this whole parallel power system has yet been yet has system power parallel whole this of none but end, an to

that this militarisation of the civilian population should be brought be should population civilian the of militarisation this that

One of the most emphasised points of the Peace Accords was precisely was Accords Peace the of points emphasised most the of One

farming population population farming mostly indigenous indigenous mostly – in the counter-insurgency. the in –

heaviest state violence as a military strategy to involve the peasant the involve to strategy military a as violence state heaviest

PAC) were created during the period of period the during created were PAC) – trullas de Autodefensa Civil Autodefensa de trullas

tion of this atmosphere. The notorious Civil Self Defence Patrols ( Patrols Defence Self Civil notorious The atmosphere. this of tion Pa- A protest that began halfway through the year gives a good illustra- good a gives year the through halfway began that protest A 1. Q’eqchi 4. Kaqchikel 7. Garífuna 2. Ixil 5. Kiche’ (The main indigenous groups of Guatemala) 3. Mam 6. Xinka complaints of racism and discrimination, which have led to certain reactions on the part of the indigenous movement and even the state. Lastly, the development, more autonomous and less well-known, of the population at local and regional levels must be noted, which is

expressed in very different and often contradictory ways.

Mayan action in the state •

•

Since the failure of the 1999 referendum and the end of unified expres- • •

• sion through COPMAGUA (Coordinadora de Organizaciones del Pueblo •

• 79

• 80 arduously in the renewal of mass sponsorship programmes, the for- the programmes, sponsorship mass of renewal the in arduously • •

• Court, a key political post in this pre-election period. He worked He period. pre-election this in post political key a Court, •

•

ers and, in March, he was appointed judge of the Supreme Electoral Supreme the of judge appointed was he March, in and, ers •

•

mundo Caz. He is one of the most experienced and charismatic lead- charismatic and experienced most the of one is He Caz. mundo •

tion they want to represent, is given by the case of the Q the of case the by given is represent, to want they tion Ray- ’ eqchi ’

and the heavy political costs it entails in relation to the very popula- very the to relation in entails it costs political heavy the and

One example of how demanding this participation is for the Maya, the for is participation this demanding how of example One

and subsequently as Vice-Minister for Agriculture. for Vice-Minister as subsequently and

Us was added to this list, first as Vice-Minister for the Environment the for Vice-Minister as first list, this to added was Us

Ministers. Over the course of the year, the presence of the K the of presence the year, the of course the Over Ministers. é Jos ’ iche ’

Minister of Culture, Ms. Otilia Lux, together with her two Maya Vice- Maya two her with together Lux, Otilia Ms. Culture, of Minister

involved in implementing educational reform policies; and that of the of that and policies; reform educational implementing in involved

), ( Education gual DIGEBI – e ü Biling n ó Educaci de General n ó Direcci

his team of Maya professionals in the General Directorate for Bilin- for Directorate General the in professionals Maya of team his

presence of the Vice-Minister for Education, Dr. Demetrio Cojt Demetrio Dr. Education, for Vice-Minister the of presence , and , í

tinued and expanded. Perhaps the most significant is the continuing the is significant most the Perhaps expanded. and tinued

The presence of Maya in the government apparatus has thus con- thus has apparatus government the in Maya of presence The

in general. in ” power “

acquiescence when participating in government, in state bodies or in or bodies state in government, in participating when acquiescence

equitable coexistence with the rest of society but this has also led to led also has this but society of rest the with coexistence equitable

becoming an increasingly generalised trend. The aim is to promote an promote to is aim The trend. generalised increasingly an becoming

A desire to participate in state bodies and define public policy is policy public define and bodies state in participate to desire A

) in Huehuetenango. in ) ( CNEM – Maya n ó Educaci de Nacional Consejo

Education, organised by the National Council of Maya Education Maya of Council National the by organised Education,

and, again in that same month, the 3rd National Congress of Maya of Congress National 3rd the month, same that in again and,

), which took place in Quetzaltenango in August in Quetzaltenango in place took which ), dica í Jur a í Antropolog

American Network of Legal Anthropology ( Anthropology Legal of Network American Red Latinoamericana de Latinoamericana Red

important spaces for discussion, such as the 3rd Meeting of the Latin the of Meeting 3rd the as such discussion, for spaces important

21 November. There were some sectoral events of note that formed that note of events sectoral some were There November. 21

CONIC) on CONIC) – ( Body dinating gena y Campesina y gena í Ind Nacional Coordinadora

by the National Indigenous and Peasant Coor- Peasant and Indigenous National the by ” Nationalities Indigenous

); or the submission of a a of submission the or ); Bill of Law on Law of Bill “ Decenio del Pueblo Maya Pueblo del Decenio

May by the Committee for the Decade of the Maya People ( People Maya the of Decade the for Committee the by May del é Comit

efforts, such as the presentation of a a of presentation the as such efforts, on 30 on ” Agenda Political Maya “

discussion that began to form in 2001 have not moved beyond isolated beyond moved not have 2001 in form to began that discussion

form an opposition. In addition, the spaces for coordination and coordination for spaces the addition, In opposition. an form

chi communities of the region, leaving other sectors and bodies to bodies and sectors other leaving region, the of communities chi

threatened the area the threatened s ecology and the living environment of the Q the of environment living the and ecology s ’ eq- ’

to respond collectively when an oil concession in Lago de Izabal de Lago in concession oil an when collectively respond to

up with any half decent coordination strategies. It was thus unable thus was It strategies. coordination decent half any with up

Guatemala) in 2000, the Maya movement has not managed to come to managed not has movement Maya the 2000, in Guatemala)

the Coordinating Body of Maya Organisations in Organisations Maya of Body Coordinating the Maya de Guatemala Guatemala de Maya – mation of polling stations and the registration of candidates. All this seems to have been viewed as an obstacle to the followers of General Ríos Montt, who – despite the unconstitutionality this presents – are seeking to present him as a presidential candidate and, unexpectedly, in October, Caz handed in his resignation, apparently because he had received strong pressure and threats against himself and his family. He subsequently withdrew his resignation after being offered substantial support from his colleagues in the Supreme Electoral Court. The political parties form the other privileged space for participation, and the proximity of the elections has meant that moves have begun, both on the part of organisations and of individual leaders, to form alliances with parties that have a possibility of winning seats. The alternative of creating their own Maya representation does not yet appear to have taken shape. The most successful path has been demonstrated by the experience of the Xel-ju’ civic committee in the Quet- zaltenango municipal government. The mayor, Rigoberto Quemé, a person who enjoys wide support from the Maya and other political and social sectors, has encouraged promotion of his presidential candidacy through a small political party: the Social Action Centre (Centro de Acción Social –CASA), via which he is ready to enter into negotiations with other parties.

The debate on racism and some institutional progress

In June, something took place that led to a whole chain of events around the problem of discrimination: an elegant bar banned the academic, Irma Alicia Velásquez, from entering because she was dressed in her traditional Maya clothes. The company was forced to apologise to Ms Velásquez, who refused to accept their apology, causing a public debate on structural racism in Guatemala, until then a taboo issue. As a consequence, a National Committee against Racism was formed, made up of a number of important figures, both indigenous and non-indigenous. In September, following the visit of the UN Special Rapporteur on Indigenous Rights, Rodolfo Stavenhagen, the Law against Discrimi- nation and Racism was urgently and unanimously approved, criti-

cised by the Maya because they were not consulted and because it did

not specify the ethnic issue with sufficient strength. At the end of the •

•

month, the first session of the Racism and Discrimination Court took •

•

place publicly, at which various acts of racism were denounced, and • •

• whose officiants included Rigoberta Menchú and Arturo Willemsem. •

• 81

• 82 in spheres hitherto unknown to them due to ideology and the practice the and ideology to due them to unknown hitherto spheres in • •

• persion and relative access to education, is an indigenous presence indigenous an is education, to access relative and persion •

•

that the sign of the times, with growing urbanisation, migratory dis- migratory urbanisation, growing with times, the of sign the that •

•

ating a rapprochement with other non-Maya social sectors. It seems It sectors. social non-Maya other with rapprochement a ating •

out about their own identities and demonstrating their skills in cre- in skills their demonstrating and identities own their about out

or women are taking the opportunity to follow their own path, finding path, own their follow to opportunity the taking are women or

In this context of uncertainty, some groups of Maya youths and/ youths Maya of groups some uncertainty, of context this In

works and themselves raising the indigenous flag where necessary. where flag indigenous the raising themselves and works

, becoming involved in international net- international in involved becoming , á Puebla-Panam Plan the of

peasant farmers have publicly taken to considering the consequences the considering to taken publicly have farmers peasant

), the ), ( tions CNOC – Campesinas Organizaciones de Nacional Coordinadora

ures. In the National Coordinating Body of Peasant Farmer Organisa- Farmer Peasant of Body Coordinating National the In ures.

the situation, occupying estates, holding marches and proposing meas- proposing and marches holding estates, occupying situation, the

side, peasant farmer organisations have continued to draw attention to attention draw to continued have organisations farmer peasant side,

day labourers and the consequent situation of famine in the country- the in famine of situation consequent the and labourers day

drop in coffee prices, with the massive unemployment of thousands of thousands of unemployment massive the with prices, coffee in drop

movement. As Guatemala falls into deep economic crisis due to the to due crisis economic deep into falls Guatemala As movement.

path and within their own logic, outside - although close to - the Maya the - to close although - outside logic, own their within and path

The peasant farmer organisations have continued along their own their along continued have organisations farmer peasant The

Other paths Other

remain deprived of development possibilities. development of deprived remain – Ombudsman

Mayan Languages, the Indigenous Fund or the Indigenous Women Indigenous the or Fund Indigenous the Languages, Mayan s ’

other bodies, initiatives and programmes programmes and initiatives bodies, other such as the Academy of Academy the as such –

lack of political will regarding the ethnic problem means that these and these that means problem ethnic the regarding will political of lack

and regulations. The situation of state bankruptcy and the persistent the and bankruptcy state of situation The regulations. and

reluctance to make this concrete in the actual content of specific policies specific of content actual the in concrete this make to reluctance

rhetoric of multicultural recognition may be employed but there is a is there but employed be may recognition multicultural of rhetoric

tion. But, as the French analyst Hugo Cayzac notes, the discourse and discourse the notes, Cayzac Hugo analyst French the as But, tion.

which should encourage decentralisation and forms of local organisa- local of forms and decentralisation encourage should which

such as the Municipal Code and the Law on Development Councils, Development on Law the and Code Municipal the as such

that are supposedly favourable to the indigenous population, indigenous the to favourable supposedly are that tives

In addition, the government has continually produced new initia- new produced continually has government the addition, In

questioned the Law approved in September have joined. have September in approved Law the questioned

and Racism against Indigenous Peoples, which some leaders who leaders some which Peoples, Indigenous against Racism and

dent Portillo created a Presidential Committee against Discrimination against Committee Presidential a created Portillo dent

had not been seen in years. With his customary opportunism, Presi- opportunism, customary his With years. in seen been not had

Left), along with many non-indigenous, achieving a consensus that consensus a achieving non-indigenous, many with along Left),

cies (with the exception of those closest to the former revolutionary former the to closest those of exception the (with cies This initiative enjoyed the presence of Maya from almost all tenden- all almost from Maya of presence the enjoyed initiative This of exclusion. This is something that may enable unforeseen indigenous expressions and demands to develop. ❑

Note

1 The FRG is a nationalist, populist and authoritarian party led by General Ríos Montt, the “protagonist” of the genocide/ethnocide of the early 1980s. Throughout the period of this government, since 2000, it has presided over Congress.

NICARAGUA

The regional process of autonomy

majority of indigenous and multi-ethnic populations continue A to advocate the approval of regulations governing the Statute of Autonomy of the Autonomous Regions of the Atlantic Coast of Nica- ragua as a key factor in establishing and consolidating a relationship of coexistence and real integration between Nicaragua’s Caribbean and Pacific coasts. Other sectors linked to the leadership of one faction of the indigenous party, Yapti Tasba Masraka Nanih Asla Taranka (YATAMA), are demanding a reform of the Law on Autonomy. In turn, the Council of Elders of Indigenous Peoples (Consejo de Ancianos de los Pueblos Indígenas) represents a more radical position on the part of sectors of indigenous Miskito who support, as an extreme measure, the secession of the indigenous territories as the most viable solution to the constant abandonment experienced by Nicaragua’s Caribbean Coast since 1894. This Council is of the opinion that the current Statute of Autonomy has represented a step backwards on the part of the indigenous and ethnic peoples and it is therefore in favour of a total reform or, in its place, the promulgation of a new Law on Autonomy.1

Some political analysts believe that strong business interests are

•

putting pressure on National Assembly deputies to block the ap- •

•

proval of regulations governing the Statute of Autonomy. According •

•

to this interpretation, the regulations are being delayed in order to • •

• prevent the regional authorities from gaining greater influence over • 83 • 84 • •

• and regional elections (March 2002). (March elections regional and •

•

nicipal (November 2000), presidential and legislative (November 2001) (November legislative and presidential 2000), (November nicipal •

•

March 2002 was the successive elections of the last three years (mu- years three last the of elections successive the was 2002 March •

that one of the main causes of abstention in the regional elections of elections regional the in abstention of causes main the of one that

wearying of having to vote year after year. These organisations believe organisations These year. after year vote to having of wearying

nicipal elections at the same time as regional ones, to avoid people avoid to ones, regional as time same the at elections nicipal

similar organisations are agreed that it would be useful to hold mu- hold to useful be would it that agreed are organisations similar

CEDEHCA) and other and CEDEHCA) micos - - micos ó Auton y Ciudadanos los de Humanos

for the Human Rights of Citizens and Autonomies ( Autonomies and Citizens of Rights Human the for Centro de Derechos de Centro

- IPADE), the Centre the IPADE), - ( mocracy Instituto para el Desarrollo y la Democracia la y Desarrollo el para Instituto

With an eye to the future, the Institute for Development and De- and Development for Institute the future, the to eye an With

tify on a significantly greater level with the process of autonomy. of process the with level greater significantly a on tify

Caribbean) minorities. It is clear that the minority ethnic groups iden- groups ethnic minority the that clear is It minorities. Caribbean)

funay Creole (Afro- Creole funay í Gar and Rama Sumu-mayangna, Miskito, ethnic

population than among the among than population the among higher significantly mestizo

2002: 63%. It should be noted, however, that abstention rates are rates abstention that however, noted, be should It 63%. 2002:

following abstention figures: 1990, 22%; 1994: 26%; 1998: 58%; and 58%; 1998: 26%; 1994: 22%; 1990, figures: abstention following

The growing disinterest in regional elections is illustrated by the by illustrated is elections regional in disinterest growing The

cils.

and the Governing Board of the respective autonomous regional coun- regional autonomous respective the of Board Governing the and

those elected and the election of the regional government coordinators government regional the of election the and elected those

came into conflict with the three Sandinista ones over the swearing in of in swearing the over ones Sandinista three the with conflict into came

sequently, the crisis within the CSE grew when the four Liberal judges Liberal four the when grew CSE the within crisis the sequently,

Coast, due to the injustices, partialities and ineptitudes of the CSE. Sub- CSE. the of ineptitudes and partialities injustices, the to due Coast,

as the most disorganised and controversial of the country the of controversial and disorganised most the as s Caribbean s ’

The fourth regional elections, held on 2 March 2002, were branded were 2002, March 2 on held elections, regional fourth The

- RAAN). - ( gion ntico Norte Norte ntico á Atl noma ó Aut n ó Regi

participating in the elections in the North Atlantic Autonomous Re- Autonomous Atlantic North the in elections the in participating

tween the Supreme Electoral Court (CSE) and the main organisations main the and (CSE) Court Electoral Supreme the tween

became even worse when a long and heated debate took place be- place took debate heated and long a when worse even became

population from the very start of the electoral campaign. The situation The campaign. electoral the of start very the from population

and frustration was observed among the indigenous and multi-ethnic and indigenous the among observed was frustration and

As reported in in reported As , a great indifference great a , The Indigenous World 2001-2002 World Indigenous The

Regional elections of March 2002 March of elections Regional

resources of the Nicaraguan Caribbean Coast. Caribbean Nicaraguan the of resources

tain their control over the management and exploitation of all natural all of exploitation and management the over control their tain

central government and national and foreign businessmen to main- to businessmen foreign and national and government central decisions on natural resource exploitation, given the clear interest of interest clear the given exploitation, resource natural on decisions Regional authorities and political power

On 4 May 2002, the date the new regional authorities in the Nicaraguan Caribbean were to be sworn in, there was a volatile national political environment, in which the following two elements could be noted: a) the anti-corruption campaign of Enrique Bolaños Geyer, new President of the Republic since January 2002, directed particularly at Dr. Arnoldo Alemán Lacayo, President of the Republic from January 1997 to Janu- ary 2002 and, at that moment, President of the National Assembly; and b) a repressed struggle between these two same people for control of the Constitutionalist Liberal Party (Partido Liberal Constitucionalista - PLC), the dominant party in the Liberal Alliance that was victorious in the

presidential elections of November 2001.

Within this excitable political context, although the PLC gained a •

•

greater number of votes in the regional elections, supporters of Dr. •

•

Alemán were under pressure in both autonomous regions. Thus, for • •

• example, although they have 21 councillors in the RAAN, the Liberals •

• 85

• 86 national state. The main cause of this proposed action is the 1982 forced 1982 the is action proposed this of cause main The state. national • •

• Miskito ex-combatants were preparing a multi-million lawsuit against the against lawsuit multi-million a preparing were ex-combatants Miskito •

•

period in question was the fact that a group of lawyers and indigenous and lawyers of group a that fact the was question in period •

•

The other event that had a high impact on human rights during the during rights human on impact high a had that event other The •

large areas claimed as communal lands prevail. lands communal as claimed areas large

farmers, landowners and international consortia who have taken over taken have who consortia international and landowners farmers,

lence and land conflicts between indigenous communities and settler and communities indigenous between conflicts land and lence

context in which delays in justice, insecurity of citizens, domestic vio- domestic citizens, of insecurity justice, in delays which in context

US$40,000, this public institution is becoming embroiled in a difficult a in embroiled becoming is institution public this US$40,000,

a paltry state budget for the autonomous regions of approximately of regions autonomous the for budget state paltry a

has, since March 2002, had offices in the RAAN and the RAAS. With RAAS. the and RAAN the in offices had 2002, March since has,

- PDDH) - ( budsman a para la Defensa de los Derechos Humanos Derechos los de Defensa la para a í Procuradur

s population, the Human Rights Om- Rights Human the population, s ’ Coast Caribbean Nicaraguan the

persistent and systematic violation of the most basic human rights of rights human basic most the of violation systematic and persistent

With the aim of extending its geographic coverage in the face of the of face the in coverage geographic its extending of aim the With

Indigenous and ethnic human rights human ethnic and Indigenous

within the Regional Council throughout the first year of its legislature. its of year first the throughout Council Regional the within

date itself, with instability and recurrent spurious elections occurring elections spurious recurrent and instability with itself, date

of dissident Liberals. However, this alliance has not been able to consoli- to able been not has alliance this However, Liberals. dissident of

, made up made , ” group ethnic “ the and YATAMA FSLN, the of up made ance

n, was displaced by an alli- an by displaced was n, á Alem Dr. supporting faction the of majority

region had still not been satisfactorily resolved. In this case, the Liberal the case, this In resolved. satisfactorily been not still had region

the whole year. As of February 2003, the situation in this autonomous this in situation the 2003, February of As year. whole the

The situation in the RAAS was marked by greater conflict throughout conflict greater by marked was RAAS the in situation The

of the Law on Autonomy was victoriously imposed. victoriously was Autonomy on Law the of

lasted from 4 May to 24 June 2002, when defence of the application the of defence when 2002, June 24 to May 4 from lasted

tudes of - and contradictions between - the electoral court judges court electoral the - between contradictions and - of tudes

regional bodies. In the case of the RAAN, the crisis created by atti- by created crisis the RAAN, the of case the In bodies. regional

n) and the FSLN judges affected the legitimacy of the of legitimacy the affected judges FSLN the and n) á Alem dent

ibbean, the struggle between the PLC judges (supporters of ex-Presi- of (supporters judges PLC the between struggle the ibbean,

how the political conflicts of the Pacific are displaced onto the Car- the onto displaced are Pacific the of conflicts political the how

In the middle of dramatic episodes that highlighted once more once highlighted that episodes dramatic of middle the In

Presidency of the Regional Council. Regional the of Presidency

dination of the Regional Government, whilst the FSLN gained the gained FSLN the whilst Government, Regional the of dination

council seats. As a result of this alliance, YATAMA took over Coor- over took YATAMA alliance, this of result a As seats. council

- PAMUC), which jointly gained 27 gained jointly which PAMUC), - ( Party o ñ Coste tnico é Multi Partido

FSLN), YATAMA and the Multi-ethnic Coastal Multi-ethnic the and YATAMA FSLN), n Nacional - - Nacional n ó Liberaci

up of the Sandinista National Liberation Front ( Front Liberation National Sandinista the of up Frente Sandinista de Sandinista Frente lost their hegemony in the region, being displaced by an alliance made alliance an by displaced being region, the in hegemony their lost displacement, caused by the Sandinista government, of more than 8,500 indigenous Miskito living along the banks of the Río Coco, who were relocated to the Tasba Pri settlements while around 4,000 were moved to various settlements in Jinotega department. Another 15,000 Miskito chose to flee to Honduras, forming the greatest indigenous exodus from Nicara- gua of the 20th century. The Organisation of American States (OAS) is awaiting this possible lawsuit against the Nicaraguan government.

Land conflicts

In addition to the various important conflicts that have arisen in previous years, and which are still the subject of legal dispute, in November 2002 a new land conflict occurred, this time in the RAAN, and which has acquired media fame. The Sumu-mayangna community of Wasakin and Mr. Kemal Jerab Benn, originally from Tunisia but of Nicaraguan nationality, are involved in the conflict. The Wasakin community is denouncing the misappropriation of 4,250 hectares of communal lands in the municipality of Rosita, while the person in question argues that he holds five agrarian titles received from people who sold the 4,250 hectares of land, in addition to having a public land deed registered in the Public Property Register of Bluefields. Members of the community’s Council of Elders have communicated their decision to resort to arms to remove Mr Jerab if the national and regional authorities do not resolve this conflict. Given the Awas Tingni precedent, they are also considering the possibility of submitting their case to the Inter-American Commission on Human Rights (IACHR).

Awas Tingni: Nicaraguan government fails to comply

Faced with the Nicaraguan government’s delay in implementing the Inter-American Court of Human Right’s decision, the Sumu-mayangna community of Awas Tingni submitted a complaint for violation of constitutional rights to the Bilwi Appeals Court in Puerto Cabezas in December 2002, in order to force central government to comply fully with the IACHR’s decision. In these legal proceedings, the community

alleged that the period established for fulfilment of the decision (15

months) had already passed and that the government had not only •

•

not finished defining, demarcating and titling the communal lands of •

•

Awas Tingni but had not yet even undertaken the required studies • •

• that form the first stage in this process. •

• 87

• 88 enous Peoples and Ethnic Communities of the Atlantic Coast of Nica- of Coast Atlantic the of Communities Ethnic and Peoples enous •

•

• The Law on the System of Communal Property of the Indig- the of Property Communal of System the on Law The 445, No. “ •

•

communities of the Caribbean celebrated the historic approval of Law of approval historic the celebrated Caribbean the of communities •

•

the first half of December 2002, the indigenous peoples and ethnic and peoples indigenous the 2002, December of half first the •

os had already approved half a dozen laws during laws dozen a half approved already had os ñ Bola President

and in a situation in which the FSLN deputies and supporters of supporters and deputies FSLN the which in situation a in and

With a bill of law that had been on ice for more than four years, four than more for ice on been had that law of bill a With

by the National Assembly. National the by

sation of communal lands as one of the priority laws to be considered be to laws priority the of one as lands communal of sation

os included a draft law on the legali- the on law draft a included os ñ Bola President involved, those

In September 2002, following numerous negotiations on the part of part the on negotiations numerous following 2002, September In

Process of legalisation of indigenous communal lands communal indigenous of legalisation of Process

energy generation in Nicaragua. in generation energy

s reservoir, the main source of water for hydro-electrical for water of source main the reservoir, s á Apan the

against a possible privatisation of the state electricity company and company electricity state the of privatisation possible a against

part of the indigenous community of Jinotega, which is protesting is which Jinotega, of community indigenous the of part

Also worthy of mention are the continuous demonstrations on the on demonstrations continuous the are mention of worthy Also

even in comparison with some from the Pacific. the from some with comparison in even

comparison with others of the centre and north of the country, and country, the of north and centre the of others with comparison

were able to highlight once more their high level of organisation in organisation of level high their more once highlight to able were

Human Promotion all attended. Through this action, the communities the action, this Through attended. all Promotion Human

the UN Population Fund and NGOs ActionAid and the Institute for Institute the and ActionAid NGOs and Fund Population UN the

agement and sustainable production. Representatives from PRODEP, from Representatives production. sustainable and agement

licise the progress achieved in institutional strengthening, self-man- strengthening, institutional in achieved progress the licise

consensus around proposed solutions to their problems, and to pub- to and problems, their to solutions proposed around consensus

The aim of this event was to strengthen alliances and achieve a achieve and alliances strengthen to was event this of aim The

nities of Mozonte, San Lucas and Cusmapa, located in Las Segovias. Las in located Cusmapa, and Lucas San Mozonte, of nities

in 2002 with the involvement of the governing boards of the commu- the of boards governing the of involvement the with 2002 in

( ) was held was ) Foro Regional de los Pueblos Ind Pueblos los de Regional Foro genas del Norte de Nicaragua de Norte del genas í

The Regional Forum of Indigenous Peoples of the North of Nicaragua of North the of Peoples Indigenous of Forum Regional The

Indigenous communities of the centre and north of Nicaragua of north and centre the of communities Indigenous

Awas Tingni. Awas

firms to undertake an assessment of the use and tenure of land in land of tenure and use the of assessment an undertake to firms

caraguan government was considering bids from two consultancy two from bids considering was government caraguan

Bank through the Property Regularisation Project (PRODEP), the Ni- the (PRODEP), Project Regularisation Property the through Bank In the middle of February 2003, and with funding from the World the from funding with and 2003, February of middle the In

•

Photo: Diana Vinding, 2002 • •

• 89 • 90

•

• , 31 January 2003 January 31 ,

Nuevo Diario Nuevo •

• , 3 March, 7 May, 10 June, 19 November and 7 December 2002 December 7 and November 19 June, 10 May, 7 March, 3 ,

La Prensa La •

• , No. 16, 23 January 2003. January 23 16, No. ,

La Gaceta, Diario Oficial Diario Gaceta, La •

• No. 32, January-March 2003:19-35. January-March 32, No. in Nicaragua en n ó Descentralizaci de Wani, ”

o para el Proceso el para o í Desaf Un nomas: ó Aut Regiones Las “ Mattern, Jochen. 2003 2003 Jochen. Mattern,

No. 29, April-June 2002: 28-37. 2002: April-June 29, No. Wani, Wani,

in ” Caribe Costa la en electoral n ó participaci La “ 2 vez, Harry. 2002. Harry. vez, á Ch

kitia Convention held in Bilwi on 25 October 2001. October 25 on Bilwi in held Convention kitia

the Indigenous Nations and Ethnic Communities and the Second Mos- Second the and Communities Ethnic and Nations Indigenous the

, approved during the Tenth General Assembly of Assembly General Tenth the during approved , ” Comunitaria Moskitia Comunitaria

“ entitled document a in found n ó Naci la de Supremas Normas y Preceptos

1 The point of view of the Council of Elders of Indigenous Peoples can be can Peoples Indigenous of Elders of Council the of view of point The 1

Notes and references and Notes

Constitution of Nicaragua and the Statute of Autonomy. of Statute the and Nicaragua of Constitution ❑

communal lands, waters and forests, as established in the Political the in established as forests, and waters lands, communal

contribute to a fuller exercise of the right to the use and enjoyment of enjoyment and use the to right the of exercise fuller a to contribute

protected areas. The general expectation is that the Law will greatly will Law the that is expectation general The areas. protected

the predatory advance of the agricultural frontier and the invasion of invasion the and frontier agricultural the of advance predatory the

lands, citizen insecurity, the irrational exploitation of natural resou natural of exploitation irrational the insecurity, citizen lands, rces,

communities, such as the misappropriation of communal indigenous communal of misappropriation the as such communities,

terms of resolving other problems of indigenous peoples and ethnic and peoples indigenous of problems other resolving of terms

extreme poverty, etc. However, the Law will have positive effects in effects positive have will Law the However, etc. poverty, extreme

lems, such as economic backwardness, high levels of unemployment, of levels high backwardness, economic as such lems,

term on the resolution of the autonomous regions autonomous the of resolution the on term structural prob- structural ’

Law No. 445 may not have a notable effect in the short to to short the in effect notable a have not may 445 No. Law medium

and who, from 1987 onwards, claimed to occupy them occupy to claimed onwards, 1987 from who, and . ”

over titles issued in favour of third parties who never owned them owned never who parties third of favour in issued titles over

cupation of the indigenous and ethnic communities will prevail will communities ethnic and indigenous the of cupation

new Law literally states that, that, states literally Law new the property rights and historic oc- historic and rights property the “

obtained their properties after 1987. In this respect, article 35 of the of 35 article respect, this In 1987. after properties their obtained

view the property titles in the hands of nationals and foreigners who foreigners and nationals of hands the in titles property the view

communal property, the Law obliges the regional authorities to re- to authorities regional the obliges Law the property, communal

lines on the exploitation of renewable natural resources. To protect To resources. natural renewable of exploitation the on lines

of communal lands, in addition to establishing a number of guide- of number a establishing to addition in lands, communal of

of action and procedures for the defining, demarcation and titling and demarcation defining, the for procedures and action of

This Law, which merits a chapter apart, determines the context the determines apart, chapter a merits which Law, This

group (supporters of President Bola President of (supporters group os), and two votes from the PLC. the from votes two and os), ñ

by only 48 deputies: 38 votes from the FSLN, 8 from the the from 8 FSLN, the from votes 38 deputies: 48 only by Azul y Blanco y Azul

2002. It entered into force on 23 January 2003. The Law was approved was Law The 2003. January 23 on force into entered It 2002.

ragua, and of the rivers Bocay, Coco, Indio and Ma and Indio Coco, Bocay, rivers the of and ragua, on 13 December 13 on z í ” COSTA RICA

s part of the 9th National Census of the Population, which was A held in June 2000, the National Institute for Statistics and Census (Instituto Nacional de Estadística y Censos - INEC) took specific actions to obtain statistical information on the country’s indigenous population. This resulted in valuable information about the indigenous territories. Precise clarification of the number of indigenous people living in Costa Rica was obtained. According to data from the census, there are 63,876 indigenous people, distributed as follows:

Province Total Indigenous Percentage population population indigenous

San José 1,245,750 9,220 0.7 Alajuela 716,286 3,469 0.5 Cartago 432,395 4,261 1.0 Heredia 254,732 2,213 0.9 Guanacaste 264,238 4,663 1.8 Puntarenas 357,483 15,034 4.2 Limón 339,295 25,016 7.4 Total 3,810,179 63,876 1.7 Costa Rica

According to INEC, only 27,032 (42.31%) of these live in their respective territories. 31% live in areas around the territories and the remaining 27% live scattered throughout the rest of the country, mainly in the capital. This data is a substantial increase on previous figures (39,264), which is a positive sign. However, the fact that only 27,032 live within their territories means that the Costa Rican state is going to reduce considerably its contributions in terms of infrastructure, education and the like. Such a reduction will be sorely felt, particularly given that state contributions are already derisory.

Relations State - indigenous peoples

•

The indigenous peoples – as has been the case for decades – lack a •

•

state body to coordinate joint lines of action for the public sector in • •

• terms of managing and technically directing. •

• 91

• 92 Boruca (Brunca). Boruca •

•

• ) and ) í (Guaym Brus Coto (Teribe), rraba é

Salitre and Cabagra (Bribri), T (Bribri), Cabagra and Salitre •

• car), é (Cab s á

indirectly affect the territories of China Kicha and Ujarr and Kicha China of territories the affect indirectly •

•

that would flood the indigenous territory of Rey Curr Rey of territory indigenous the flood would that (Brunca) and (Brunca) é •

Hydroelectric Project (PHB), a large-scale dam (250 square kilometres) square (250 dam large-scale a (PHB), Project Hydroelectric

actions are being taken for the potential construction of the Boruca the of construction potential the for taken being are actions

In the south of Costa Rica, in the Buenos Aires canton, important canton, Aires Buenos the in Rica, Costa of south the In

Boruca Hydroelectric Project Hydroelectric Boruca

proposals are taken into account in the planning for 2004. for planning the in account into taken are proposals

are making great efforts to ensure that, at the last moment, indigenous moment, last the at that, ensure to efforts great making are

(MIDEPLAN), many mid-level technicians have shown concern and concern shown have technicians mid-level many (MIDEPLAN),

sion, of little interest to the upper echelons of the Ministry of Planning of Ministry the of echelons upper the to interest little of sion,

are unaware of the participation mechanisms. In spite of this exclu- this of spite In mechanisms. participation the of unaware are

situation, for they are either not generally informed promptly or they or promptly informed generally not either are they for situation,

With a few exceptions the communities were unaware of this of unaware were communities the exceptions few a With

they have had no involvement in these initiatives whatsoever. initiatives these in involvement no had have they

proposals into the governmental development plan. This effectively means effectively This plan. development governmental the into proposals

tions and leaders have not actively participated in the inclusion of their of inclusion the in participated actively not have leaders and tions

Unfortunately, this was not to be the case, and the indigenous organisa- indigenous the and case, the be to not was this Unfortunately,

without having to be included within national governmental plans. governmental national within included be to having without

hoped that the broad outlines of their proposal would be supported be would proposal their of outlines broad the that hoped

Perhaps inspired by direct negotiations with the government, it was it government, the with negotiations direct by inspired Perhaps

programmes will be implemented in native communities. native in implemented be will programmes

out general guidelines as to who, how, where and when development when and where how, who, to as guidelines general out

lating their own National Indigenous Development Plan, which sets which Plan, Development Indigenous National own their lating

For several years now, the indigenous communities have been formu- been have communities indigenous the now, years several For

National Indigenous Development Plan Development Indigenous National

ment.

between the indigenous populations and curbing their develop- their curbing and populations indigenous the between

form CONAI into a political and powerful body, creating divisions creating body, powerful and political a into CONAI form

various legal mechanisms, they have managed to develop and trans- and develop to managed have they mechanisms, legal various

board has not changed for more than 10 years and, by exploiting by and, years 10 than more for changed not has board

defending the interests of indigenous communities. Its governing Its communities. indigenous of interests the defending

fulfilled its role in terms of coordinating programme strategies and strategies programme coordinating of terms in role its fulfilled

- CONAI) - a governmental organisation - has not has - organisation governmental a - CONAI) - de Asuntos Ind Asuntos de genas genas í

The National Commission for Indigenous Affairs ( Affairs Indigenous for Commission National The n Nacional n ó Comisi 1

3-4 6-7-A

1. Huétar 3. Bri-bri 5. Guaymí 7. Brunca 2. Maleku 4. Cabécar 6. Teribe A. Proyecto Hidroeléctrico Boruca

(Approx. locations of the indigenous peoples of Costa Rica)

•

Murals in Rey Curré. Photo: Diana Vinding •

•

• •

• 93

• 94 for lands belonging to them. to belonging lands for • •

•

the ITCO) has not ceded property titles to the indigenous communities indigenous the to titles property ceded not has ITCO) the •

• - IDA) (successor to (successor IDA) - ( Development Agrarian

Instituto de Desarrollo Agrario Agrario Desarrollo de Instituto •

•

of this, twenty-four years after being instructed by law, the Institute for Institute the law, by instructed being after years twenty-four this, of •

handed over by this institution to the indigenous communities. indigenous the to institution this by over handed In spite In ”

rraba Reserves must be must Reserves rraba é T y Boruca the and Reserves Indigenous of

n - ITCO), included in the demarcation the in included ITCO), - n ó Colonizaci y Tierras de (Instituto

Lands belonging to the Institute of Lands and Colonisation and Lands of Institute the to belonging Lands “ states,

In 1977, Indigenous Law 6172 was promulgated, article 9 of which of 9 article promulgated, was 6172 Law Indigenous 1977, In

was that it was not the legal owner of its territory. its of owner legal the not was it that was

) realised that one of its weaknesses its of one that realised ) é Curr Rey de gena í Ind Territorio del

( é Curr Rey of Territory Indigenous the of ment n de Desarrollo de n ó Asociaci

During conversations with the ICE, the Association for the Develop- the for Association the ICE, the with conversations During

Transfer of territories of Transfer

of direct confrontation to prevent the project. the prevent to confrontation direct of

a negotiation process, all the more so if they were to take the initiative the take to were they if so more the all process, negotiation a

difficulties in continuing it, we can but imagine the colossal task of task colossal the imagine but can we it, continuing in difficulties

Considering that this is a process of dialogue, and there are great are there and dialogue, of process a is this that Considering

funds the indigenous people just do not have. not do just people indigenous the funds

means paying out money for transport, food and accommodation, and food transport, for money out paying means

between themselves and the ICE. The mere fact of attending a meeting a attending of fact mere The ICE. the and themselves between

dialogue process, given the huge technical and economic differences economic and technical huge the given process, dialogue

As a community, Rey Curr Rey community, a As has made great efforts to endure this endure to efforts great made has é

actions, however, is impossible because they quite simply do not exist. not do simply quite they because impossible is however, actions,

management. Measuring this dialogue by verifiable results or concrete or results verifiable by dialogue this Measuring management.

maintained direct dialogue with senior figures from the PHB the from figures senior with dialogue direct maintained s executive s ’

frontation. Perhaps the most significant achievement is that they have they that is achievement significant most the Perhaps frontation.

struction. However, they have achieved little in their three years of con- of years three their in little achieved have they However, struction.

The population of Rey Curr Rey of population The is leading the fight against PHB con- PHB against fight the leading is é

regional initiatives included in the Plan Puebla Panam Puebla Plan the in included initiatives regional . á

which alternate in power. Moreover, the project is part of other similar other of part is project the Moreover, power. in alternate which

the project has the backing of the country the of backing the has project the s two largest political groups, political largest two s ’

environmental organisations consider this to be a mere formality as formality mere a be to this consider organisations environmental

impact study is complete, indigenous representatives and various and representatives indigenous complete, is study impact

Although clearly nothing can be done until the environmental the until done be can nothing clearly Although

at the feasibility stage. feasibility the at

that is still talking of of talking still is that potential construction potential “ even though this is now is this though even ”

ity Institute ( Institute ity - ICE), a state body state a ICE), - Instituto Costarricense de Electricidad Electricidad de Costarricense Instituto This mammoth venture is being promoted by the Costa Rican Electric- Rican Costa the by promoted being is venture mammoth This They therefore presented an appeal for legal protection to the Constitu- tional Court of the Supreme Court of Justice, which passed judgement in favour of the indigenous in September 2002, requiring that the IDA “immediately initiate the necessary steps to undertake the required topo- graphical data gathering to transfer (via registry) the lands belonging to the Boruca and Térraba Reserves to the corresponding indigenous communities. These plans must be concluded no later than six months following notification of this decision.” Given that more than six months have now passed without this decision being fulfilled, various indigenous organisations are exerting pressure for its immediate application. This includes the Costa Rican Ombudsman (Defensoría de los Habitantes), who supports the indigenous demands. The transfer of their territories would give the inhabitants of Boruca, Térraba and Rey Curré a valuable weapon with which to face up to the “potential construction of the Boruca Hydroelectric Project.”

Indigenous organisations

The current situation of indigenous organisations can be analysed from two different perspectives. One, quite negative, refers to the effects of large-scale funding. The well-intentioned contributions of many international cooperation agencies are finite and, when they come to an end, the enormous overheads of the huge and monstrous structures they have created cannot be supported. This has weakened the way in which regional and national level indigenous bodies are run. Dependency has created devastating effects on these organisations. This predictable situation, frequently discussed with the organisations was, however, approached with a lack of planning and future vision on the part of the indigenous leaders who, at the time, did not appreciate the need to commence a transition during times of economic boom. Some of the organisations are now trying to make this transition towards business systems that will make them self-sufficient but, lacking in economic resources, this is very difficult. The second perspective, far more positive, refers to the collaboration of a number of cooperation agencies (few, admittedly) that chan-

nel their economic funding directly to the different grassroots organi-

sations and through them. Thus we have such bodies as the Small •

•

Projects Fund (Programa de Pequeñas Donaciones) of the United Nations •

•

Development Programme (UNDP), which funds almost a dozen pro- • •

• jects to the total tune of around US$200,000. Similarly, the Canadian •

• 95

• 96

ous in terms of legal issues. There are currently five legally constituted legally five currently are There issues. legal of terms in ous • •

• enous peoples in Central America, progress that has been more obvi- more been has that progress America, Central in peoples enous •

T •

progress in gaining their rights and territories than other indig- other than territories and rights their gaining in progress •

•

he indigenous peoples of Panama have generally made more made generally have Panama of peoples indigenous he •

PANAMA

men will be able to take on and assume wider initiatives. wider assume and on take to able be will men ❑

hope that in the short to medium term, Costa Rican indigenous wo- indigenous Rican Costa term, medium to short the in that hope

the development of indigenous women. For this reason, we reason, this For women. indigenous of development the facilitating

organisation or organisation or organisation single no is there Rica representative

However, with knowledge of the facts, we can affirm that in Costa in that affirm can we facts, the of knowledge with However,

ent fora, congresses, workshops or meetings around the world. the around meetings or workshops congresses, fora, ent

claim representation of Costa Rican indigenous women within differ- within women indigenous Rican Costa of representation claim

that have access to information on international initiatives in order to order in initiatives international on information to access have that

level. This fragmentation of efforts is exploited by some organisations some by exploited is efforts of fragmentation This level.

not have a working mechanism at regional level, far less at national at less far level, regional at mechanism working a have not

within the indigenous communities. Unfortunately, the women do women the Unfortunately, communities. indigenous the within

s initiatives are undertaken are initiatives s ’ women these that clarified be should It

solutions to the problems afflicting them. afflicting problems the to solutions

community development, contributing their ideas in the search for search the in ideas their contributing development, community

participate on a certain level of equality with indigenous men in men indigenous with equality of level certain a on participate

organisational progress that has been achieved. This enables them to them enables This achieved. been has that progress organisational

struggles, it is interesting and important to recognise the degree of degree the recognise to important and interesting is it struggles,

Although within their organisations women fight fierce power fierce fight women organisations their within Although

against the potential construction of the Boruca Hydro-electric project. Hydro-electric Boruca the of construction potential the against

heavily involved in indigenous demands, for example, heading actions heading example, for demands, indigenous in involved heavily

ing hard on agricultural, handicraft and marketing projects, and are and projects, marketing and handicraft agricultural, on hard ing

s organisations from different indigenous cultures are work- are cultures indigenous different from organisations s ’ Women

Indigenous women Indigenous

projects with few visible and verifiable results. verifiable and visible few with projects

tion whereby funding tends to go to supporting large multi-million large supporting to go to tends funding whereby tion

ganisations, in contrast to the traditional norms of external coopera- external of norms traditional the to contrast in ganisations, Fund for Local Initiatives invests its economic resources in local or- local in resources economic its invests Initiatives Local for Fund comarcas or Indigenous Territories representing a little over 10% of the national population and which are located in the provinces of Chi- riquí, Bocas del Toro, Veraguas, Darién and in Kuna Yala (see map). Of these, the largest in numerical terms is that of the Ngöbe. Bills of law to legalise two new territories are currently being discussed by the Indigenous Affairs Committee of the Panamanian Legislative Assembly: the Naso Teribe Comarca (also known as Naso Tjër Di) on the Costa Rican border and the territory of the Tierras Colectivas or ‘Collective Lands’ (which would legalise the communities that the 1983 law left out of the Emberá-Wounaan Comarca). There are proposed laws, not yet presented but which exist in draft form, for the creation of the Kuna de Takarkunyala Comarca (in Darién province, on the border with Colombia) and the Bri-Bri Comarca on the border with Costa Rica. Both of these fall within the boundaries of protected areas, that of Bri-Bri within La Amistad International Park (PILA) crossing Panama and Costa Rica, and that of Takarkunyala in the Darién National Park. This therefore warrants greater discussion and negotiation with the national government, although the indigenous people were there long before the creation of these parks.

The Law on the Tierras Colectivas

In 2002, this law led to a great deal of discussion among the non-indigenous population of Darién province, particularly settlers who have emi- grated from other parts of the country and Colombians who have become naturalised or who have fled the continuing war in their country. The case of the Tierras Colectivas relates to approximately 50 Em- berá and Wounaan communities that were left out of the comarca in 1983 because the demarcation did not manage to include them. 99% of these communities currently hold no property title because their access to land is family-based and they live collectively in groups of 10 to 15 families. According to the Ngöbe lawyer, José Mendoza, advisor in the office of Indigenist Policy of the Ministry of Government and Justice, “This led to the lands being defined under the special comarca system, whereby private property title is secondary. In other words, the concept of the comarca is one of collective property, and

this forms part of the State structure.”

Given this situation, one of the people that opposes the creation of •

•

the Tierras Colectivas is the National Deputy (Honourable Legislator •

•

in Panama) Haydé Milanés de Lay, and this is because, “The Emberá- • •

• Wounaan Comarca and that of the Wargandí (Kuna) were created •

• 97

• 98 Political Constitution and agreements adopted by the Panamanian the by adopted agreements and Constitution Political • •

• cultural, social and political development in accordance with the with accordance in development political and social cultural, •

•

to recognition of their rights, with the aim of achieving their economic, their achieving of aim the with rights, their of recognition to •

•

people since before the European conquest and which is fundamental is which and conquest European the before since people •

comarca, within the territory that has been occupied by the Naso the by occupied been has that territory the within comarca,

Current law establishes a legal framework for establishment of the of establishment for framework legal a establishes law Current

as well as the PILA protected areas in the Atlantic sector. Atlantic the in areas protected PILA the as well as

Costa Rica. These threats affect both the Naso people and their territory their and people Naso the both affect threats These Rica. Costa

threat from landowners, traders and tour operators along the border with border the along operators tour and traders landowners, from threat

diversity and natural beauty, which means that it is constantly under constantly is it that means which beauty, natural and diversity

Sixaola to the islands of Bocas del Toro. It is a territory of great biological great of territory a is It Toro. del Bocas of islands the to Sixaola

historic territory, which extends from the river Teribe basin, Changuinola, basin, Teribe river the from extends which territory, historic

The territory currently inhabited by the Naso people forms part of their of part forms people Naso the by inhabited currently territory The

. ” King “ the is ruler supreme the which in

s few indigenous peoples to be governed by a monarchy, a by governed be to peoples indigenous few s ’ continent the

of indigenous issues have come to the conclusion that this is one of one is this that conclusion the to come have issues indigenous of

, due to their location on the river Teribe. Many studies Many Teribe. river the on location their to due , ” Teribe “ the as

Not so long ago, little was known about the Naso people, also known also people, Naso the about known was little ago, long so Not

Proposal for the creation of the Naso Teribe Comarca Teribe Naso the of creation the for Proposal

Legislative Assembly to approve it. approve to Assembly Legislative

a fact because the other national deputies will vote positively in the in positively vote will deputies national other the because fact a

, and so legalisation of these lands will very soon be soon very will lands these of legalisation so and , tierras colectivas tierras

majority of the Panamanian population is in favour of creating these creating of favour in is population Panamanian the of majority

However, indigenous resistance and lobbying have meant that the that meant have lobbying and resistance indigenous However,

government to prevent the indigenous from gaining another comarca. another gaining from indigenous the prevent to government

this reason, they are trying to exert influence at all levels of national of levels all at influence exert to trying are they reason, this

traders, who see the indigenous presence in the area as an obstacle. For obstacle. an as area the in presence indigenous the see who traders,

country, a great deal of interest has been shown by timber dealers and dealers timber by shown been has interest of deal great a country,

given that this province has the greatest areas of virgin forest in the whole the in forest virgin of areas greatest the has province this that given

through the votes of the indigenous peoples of Dari of peoples indigenous the of votes the through n. In addition to this, to addition In n. é

posed to indigenous demands, in spite of the fact that she gained office gained she that fact the of spite in demands, indigenous to posed

In Panama, it is well-known that this deputy has always been op- been always has deputy this that well-known is it Panama, In

comarca without any consultation. any without comarca ”

now want tierras colectivas (collective lands), after having created a created having after lands), (collective colectivas tierras want now

inhabitant. In addition to this, out of what they left us in Dari in us left they what of out this, to addition In inhabitant. n, they n, é

world record for square kilometres of land ownership per ownership land of kilometres square for record world “ a holds

According to her, the Ember the her, to According ” consultation. -Wounaan population -Wounaan á

n, (...) This situation came about by creating comarcas without comarcas creating by about came situation This (...) n, é Dari behind the backs of the governors and the non-indigenous people of people non-indigenous the and governors the of backs the behind 6 4 5 7A

1. Comarca 4. Comarca Madungandi 7. Comarca Bri-Bri Emberá-Wounaan 5. Comarca de Wargandi (bill of law prepared) 2. Comarca Ngöbe Buglé 6. Comarca Naso Teribe 8. Comarca Kuna de 3. Comarca Kuna Yala (bill of law presented) Takarkunyala (bill of law) A. Represa de Tabasar á I state. Everything indicates that, for the moment, the legal creation of this indigenous territory will raise no significant obstacles.

New dams in indigenous areas

The construction of two new dams in the western part of Panama, particularly within the Ngöbe-Buglé territory, will affect the peasant farmer and indigenous communities of the provinces of Veraguas and Chiriquí. In recent years, there have been national level demonstrations (see The Indig- enous World 2001-2002) but there was a setback this year when the Supreme Court of Justice ruled in favour of the Tabasará Consortium for the construction of a hydro-electric power station in the area. According to one of the legal advisors to the affected parties, this

ruling means that the Tabasará Consortium’s business promoters now

have the “green light” to build Tabasará II. The indigenous and peasant •

•

farmer families of the Ngöbe Buglé Comarca are now defenceless in the •

•

face of the magistrate’s refusal to overrule the National Environmental • •

• Authority (ANAM), the government body that approved the Environ- •

• 99

• 100 that ILO Convention 169 must be submitted to the plenum of the of plenum the to submitted be must 169 Convention ILO that • •

• For ... constitutional and legal reasons..., this office is of the opinion the of is office this reasons..., legal and constitutional ... For • •

•

cher, in a note to Deputy Garrido of 18 December 2002, stated that: stated 2002, December 18 of Garrido Deputy to note a in cher, •

In this respect, the Solicitor-General, Alma Montenegro de Flet- de Montenegro Alma Solicitor-General, the respect, this In

Affairs and Labour) refuse to present them to the plenary Assembly. plenary the to them present to refuse Labour) and Affairs

international agreements should the corresponding ministers (Foreign ministers corresponding the should agreements international

whether the Legislative Assembly (National Congress) could ratify could Congress) (National Assembly Legislative the whether

mittee, once more requested the opinion of the Solicitor-General as to as Solicitor-General the of opinion the requested more once mittee,

Garrido, of Kuna origin and President of the Indigenous Affairs Com- Affairs Indigenous the of President and origin Kuna of Garrido,

government is concerned, for which reason National Deputy, Enrique Deputy, National reason which for concerned, is government

Indigenous demands have always fallen on deaf ears as far as the as far as ears deaf on fallen always have demands Indigenous

44 of 1998 of the General Environmental Law. Environmental General the of 1998 of 44

articles from Convention 169 that refer to indigenous land into Law into land indigenous to refer that 169 Convention from articles

Convention 169, despite unusual actions such as including entire including as such actions unusual despite 169, Convention

ments of the past ten years have been opposed to ratification of ILO of ratification to opposed been have years ten past the of ments

In spite of the large number of indigenous lands legalised, govern- legalised, lands indigenous of number large the of spite In

Convention 169: statement by the Solicitor-General the by statement 169: Convention

gests it will be a main topic of interest for 2003. for interest of topic main a be will it gests

katchewan (Canada), to reform the Panama Mining Code. This sug- This Code. Mining Panama the reform to (Canada), katchewan

University of Montana (USA) and Clifton Associates Ltd. from Sas- from Ltd. Associates Clifton and (USA) Montana of University

put out a tender, which was won by a Consortium made up of the of up made Consortium a by won was which tender, a out put

the new Mining Code will offer. The national government therefore government national The offer. will Code Mining new the

is now these same indigenous peoples who are waiting to see what see to waiting are who peoples indigenous same these now is

always been opposed to mining operations. For this very reason, it reason, very this For operations. mining to opposed been always

protect and defend their interests, indigenous communities have communities indigenous interests, their defend and protect

because, given that there are no legal guarantees in Panama that Panama in guarantees legal no are there that given because,

munities. There is also nervousness on the part of businesspeople of part the on nervousness also is There munities.

national companies, particularly in indigenous com- indigenous in particularly companies, national trans to cences

which has led to many injustices being committed when granting li- granting when committed being injustices many to led has which

Panama has a Mining Code that was established in the early 1960s and 1960s early the in established was that Code Mining a has Panama

Consortium will reform the Mining Code Mining the reform will Consortium

the different government offices involved in the issue. the in involved offices government different the

force, leading to closure of the Pan-American Highway and marches to marches and Highway Pan-American the of closure to leading force,

indigenous and peasant protests have been resumed with renewed with resumed been have protests peasant and indigenous

mental Impact Study for the Tabasar the for Study Impact mental II project. This has meant that meant has This project. II á Legislative Assembly for its consideration, being the competent authority to examine the legal interpretations and observations that may be made in relation to Convention No.169, in accordance with article 153, numeral 3, of the Political Constitution and, lastly, it is suggested that international instruments should be evaluated in the light of current national legislation.

This opinion of the Solicitor-General is very important as it is the first time a senior magistrate of the Republic has made a statement in this regard, and it will result in indigenous legislators presenting Conven- tion 169 to the plenary Legislative Assembly for ratification.

Massacre in Paya and Pucuro

The complaints that have long been made regarding the fact that irregular Colombian groups (be they guerrillas, army or paramilitary) operate freely along the border areas of Panama without the national authorities dealing with them came to a head with tragic consequences on 18 January 2003. The Kuna communities of Paya and Pucuro, located within the proposed Kuna de Takarkunyala Comarca, mentioned above, were attacked and their traditional Kuna authorities (saylas) cruelly assas- sinated by a contingent of Colombian paramilitaries from the Urabá Peasant Self-Defence Units (AUCU). Showing great disrespect for the traditional culture and ceremonies of the Kuna, the murderers burst into the village and, having eaten and drunk with them, abducted their leaders, later brutally killing them. Those killed were all leaders or sayla from the community of Paya. Before returning to Colombia, the paramilitaries blew up the outskirts of and roads into the community in order to terrorise the communities even more and to prevent them from fleeing elsewhere. Following this violent and bloody raid, it was painful to observe, via the media, the great displacement of entire peoples in search of security, children lost in the forest with their mothers, things Panama never imagined could happen in its own backyard. The whole country shed tears for Paya and Pucuro and united the Panamanians in

defence of their brothers and national sovereignty.

This incursion also demonstrated the Panamanian National Po- •

•

lice force’s inability to protect its citizens and frontiers, something •

•

that may be used as an excuse to request the presence of foreign forces • •

❑ • in “defence” of national borders. •

• 101

• 102 South America and migrated during Pre-Columbian times as Carib as times Pre-Columbian during migrated and America South • •

• or 6% of the national population. They originated in north-eastern in originated They population. national the of 6% or •

•

were formerly known in literature as Black Carib. They number 14,061, number They Carib. Black as literature in known formerly were •

•

The great Amazonian tradition is found among the Garifuna, who Garifuna, the among found is tradition Amazonian great The •

of the country. the of

scattered in over fifty villages, mainly within the southern one-third southern the within mainly villages, fifty over in scattered

Yucatec (3,155). The Maya are predominantly (90%) rural and are and rural (90%) predominantly are Maya The (3,155). Yucatec

ekchi (12,366), the Mopan (8,980) and the and (8,980) Mopan the (12,366), ekchi ’ K the 233,000: of lation

nations in Belize, together forming almost 11% of the national popu- national the of 11% almost forming together Belize, in nations

years ago up to the current time period. Today there are three Maya three are there Today period. time current the to up ago years

dor. The Maya inhabited this region from as early as four thousand four as early as from region this inhabited Maya The dor.

Guatemala and further south into northern Honduras and El Salva- El and Honduras northern into south further and Guatemala

which extends from the Yucatan Peninsula west into Chiapas and Chiapas into west Peninsula Yucatan the from extends which

Belize lies within the south-west Meso-American culture area, culture Meso-American south-west the within lies Belize

enous peoples within the region. the within peoples enous

of the national population, one of the highest proportions of indig- of proportions highest the of one population, national the of

sented by the Garifuna. The Garifuna and Maya make up almost 18% almost up make Maya and Garifuna The Garifuna. the by sented

so-American, represented by the Maya and the Amazonian, repre- Amazonian, the and Maya the by represented so-American,

great traditions of Aboriginal America meet. They are the Me- the are They meet. America Aboriginal of traditions great

ithin the Caribbean region, Belize is the country where two where country the is Belize region, Caribbean the ithin

BELIZE

South America. South

Tobago; and Guyana, Suriname, and French Guiana in north-eastern in Guiana French and Suriname, Guyana, and Tobago;

countries and on one island: Belize in Central America; Trinidad and Trinidad America; Central in Belize island: one on and countries

the Guyanas. It spotlights indigenous peoples within four mainland four within peoples indigenous spotlights It Guyanas. the

as the coasts of the surrounding mainland countries from Mexico to Mexico from countries mainland surrounding the of coasts the as

region, which in our definition includes both the archipelago as well as archipelago the both includes definition our in which region,

movement. This overview does not include the entire Caribbean entire the include not does overview This movement. ’ ples

and demanding participation in the international indigenous peo- indigenous international the in participation demanding and

myth, indigenous peoples are vigorously reclaiming their heritage their reclaiming vigorously are peoples indigenous myth,

vails even among people living within the sub-region. To counter this counter To sub-region. the within living people among even vails

is often not taken seriously, as the myth of extinction still pre- still extinction of myth the as seriously, taken not often is

ny reference to indigenous peoples within the Caribbean region Caribbean the within peoples indigenous to reference ny THE CIRCUMCARIBBEAN THE Carib Calinago Carifuna no í Ta Carina, Lokono, Macushi, Pemon, Kapon, Arecuna, Akawaio,Warao, Wai Wai, Galibi, Teko, Palikur Garifuna

Maya

•

The Circumcaribbean with main indigenous groups. Source: Maximilian C. Forte •

•

• •

• 103 • 104 • •

•

peoples, both Maya and Garifuna. and Maya both peoples, •

• s glaring deficiencies in overlooking the rights of indigenous of rights the overlooking in deficiencies glaring s ’

ernment •

•

attention of the rest of the region and the world as a whole the gov- the whole a as world the and region the of rest the of attention •

here that the IACHR will play a significant role in bringing to the to bringing in role significant a play will IACHR the that here

is a point that we will pursue further below. It is necessary to ascertain to necessary is It below. further pursue will we that point a is

the government of Belize for their 202,350-hectare homeland claim. It claim. homeland 202,350-hectare their for Belize of government the

Rights (IACHR) had agreed to accept the petition of the Maya against Maya the of petition the accept to agreed had (IACHR) Rights

commitment came after the Inter-American Commission on Human on Commission Inter-American the after came commitment

sub-region in the aftermath of a large-scale road-building project. This project. road-building large-scale a of aftermath the in sub-region

comprehensive development programme to take place within their within place take to programme development comprehensive

and focused. It exacted commitment from the government towards a towards government the from commitment exacted It focused. and

The Memorandum of Understanding with the Maya was thorough was Maya the with Understanding of Memorandum The

and the sustainable use of land and water resources. water and land of use sustainable the and

sentatives of their peoples, and to assist them in cultural preservation cultural in them assist to and peoples, their of sentatives

s obligation to acknowledge the respective organizations as repre- as organizations respective the acknowledge to obligation s ’ ment

Association. The MOUs specify the govern- the specify MOUs The Association. ’ Councils Village Toledo the

s Council and Council s ’ Women Maya Toledo the Association, ’ Alcaldes Toledo

ekchi Council of Belize, the Belize, of Council ekchi ’ K the (TMCC), Council Cultural Maya Toledo

Prime Minister and leaders of the Maya organizations, including the including organizations, Maya the of leaders and Minister Prime

(NGC), the main body representing the Garifuna people, and between the between and people, Garifuna the representing body main the (NGC),

the first instance, the Prime Minister and the National Garifuna Council Garifuna National the and Minister Prime the instance, first the

moranda of Understanding (MOU) signed in 1998 and 2002 between, in between, 2002 and 1998 in signed (MOU) Understanding of moranda

organizations. Two prime examples are the Me- the are examples prime Two organizations. ’ peoples indigenous

the Prime Minister, have engaged in serious dialogue with leaders of leaders with dialogue serious in engaged have Minister, Prime the

On the other hand, senior level government ministers, including ministers, government level senior hand, other the On

cise on constitutional reform was not successful. not was reform constitutional on cise

of Belize. An effort to introduce such a provision during a 1994 exer- 1994 a during provision a such introduce to effort An Belize. of

recognition given to the indigenous peoples within the constitution the within peoples indigenous the to given recognition

As is the case of other Caribbean countries, there is still no legislative no still is there countries, Caribbean other of case the is As

Political and legislative context legislative and Political

and the southern towns of Dangriga and Punta Gorda. Punta and Dangriga of towns southern the and

Garifuna are predominantly urban, being found mainly in Belize City Belize in mainly found being urban, predominantly are Garifuna

rica in their hundreds of thousands. Unlike the Maya, the Belize the Maya, the Unlike thousands. of hundreds their in rica

age, they are today found along the north-east coast of Central Ame- Central of coast north-east the along found today are they age,

Central America in 1797. While being truly pan-Caribbean in herit- in pan-Caribbean truly being While 1797. in America Central

island of St. Vincent. From St. Vincent, the British exiled them to them exiled British the Vincent, St. From Vincent. St. of island

escaped African slaves and gradually took over the larger part of the of part larger the over took gradually and slaves African escaped and Arawak peoples into the Lesser Antilles. There they mixed with mixed they There Antilles. Lesser the into peoples Arawak and Specific policies and projects

The previous discussion on MOUs indicates the willingness of the government to engage in development projects with indigenous peoples. So far, most of these have been of a generic nature mirroring the need of the sub-region in which most indigenous peoples are found to catch up with the rest of the country in terms of roads, education, health and social welfare. It has also been in response to studies that have repeatedly shown that indigenous peoples lag behind the rest of their Belizean counterparts in all basic services. The next step is for the government to engage the indigenous peoples themselves in programmes in which they will have full voice in planning and implementation. The impetus toward this phase comes from the Toledo Develop- ment Corporation (TDC), a statutory body invoked by the government in 2002 to implement ameliorative measures that consultants and communities had identified for the surfacing of the Southern High- way in order to link the indigenous peoples’ heartland with the rest of the country. The TDC is currently laying the groundwork for this undertaking. The renewed thrust on development - which this time would be transparent, accountable and participatory - is in keeping with the spirit of an agreement that the government signed with the Inter-American Development Bank (IDB), which had helped with feasibility studies for the Southern Highway. The Southern Highway is one of the largest development programmes the government has undertaken over the past decade. In passing through the traditional lands of indigenous peoples, it has drawn new lines of engagement between the government and indigenous peoples. On the other hand, indigenous peoples are questioning the level of the government’s sincerity as it continues to grant logging concessions within their traditional lands. Furthermore, non-indigenous peoples continue to buy large tracts of lands with no restrictions. These are the kinds of deleterious post-highway construction impacts that the indigenous people identified in their negotiations with the government.

Indigenous peoples’ movements

The inevitable slippages in MOUs, the need to pursue the struggle for

their rights through the IACHR and other means, the conspicuous •

•

underdevelopment of their heartland in relation to the rest of the •

•

country, the unrelenting neo-liberal policy of the government towards • •

• privatisation of water, electricity, telephone and other public services •

• 105

• 106 national treaty of cession signed with Spain in 1802. However, the However, 1802. in Spain with signed cession of treaty national • •

• initially respected by the British under the terms of a formal inter- formal a of terms the under British the by respected initially •

•

inalienable property by the Spanish colonial authorities, and were and authorities, colonial Spanish the by property inalienable •

•

of 1,320 acres of land. These holdings had been granted to them as them to granted been had holdings These land. of acres 1,320 of •

In the mid-1880s, the Amerindians of Arima were disenfranchised were Arima of Amerindians the mid-1880s, the In

Loss of lands of Loss

Amerindian descendants. Amerindian

that continues to play a special role in bringing together Arima together bringing in role special a play to continues that s ’

preparations for the annual Santa Rosa Festival, a Catholic feast day feast Catholic a Festival, Rosa Santa annual the for preparations

Titular Queen of the Carib, responsible for overseeing communal overseeing for responsible Carib, the of Queen Titular

converted to Catholicism. They later came under the leadership of a of leadership the under came later They Catholicism. to converted

and the Carib tribes who had been pressed to live there eventually there live to pressed been had who tribes Carib the and

remained on the island. In 1785, the Mission of Arima was formed, was Arima of Mission the 1785, In island. the on remained

those tribes that tribes those ’ pacify ‘ and ’ reduce ‘ to effort an in 1600s, the in

the nearby mainland. The first Catholic Missions were established were Missions Catholic first The mainland. nearby the

consisted of almost a dozen different tribal groupings, many from many groupings, tribal different dozen a almost of consisted

40,000 at the time of Spanish settlement in 1592. The population The 1592. in settlement Spanish of time the at 40,000

years before the arrival of Columbus, and numbered at least at numbered and Columbus, of arrival the before years

merindian peoples have existed in Trinidad for as long as 6,000 as long as for Trinidad in existed have peoples merindian

TRINIDAD

enous peoples themselves. peoples enous ❑

on overwhelming problems while building capacity among the indig- the among capacity building while problems overwhelming on

remains as to how much these agencies should do to retain a focus a retain to do should agencies these much how to as remains

linked to the global indigenous peoples indigenous global the to linked movement. The dilemma The movement. ’

ceive substantial technical and financial assistance from agencies from assistance financial and technical substantial ceive

peoplehood and natural resources. The organizations themselves re- themselves organizations The resources. natural and peoplehood

these organizations, they hold high hopes of reclaiming their identity, their reclaiming of hopes high hold they organizations, these

Toledo Maya Cultural Council and K and Council Cultural Maya Toledo ekchi Council of Belize. Through Belize. of Council ekchi ’

Garifuna, this is the National Garifuna Council and for the Maya the Maya the for and Council Garifuna National the is this Garifuna,

work within their organizations for effective representation. For the For representation. effective for organizations their within work

all these have strengthened the resolve of indigenous peoples to peoples indigenous of resolve the strengthened have these all – British reneged on these agreements and put measures in place to alienate those lands and offer them for commercial sale. Attempts by the Roman Catholic Church, lasting until the 1880s, to retain por- tions of this land for the Amerindians were dismissed by the largely Anglican political elites in power. As a result, dozens of families were forced to migrate from Arima and find means of supporting themselves as squatters and hired hands on cocoa estates. But while the literature of the time, written by local colonial elites and foreign travellers, cast the Carib as having become extinct, or nearly so, the Carib who remained in Arima maintained themselves as a visible and cohesive entity, in large part through their involvement with the Church in the annual Santa Rosa celebrations. In addition, given the geographic proximity of Venezuela, only seven miles away, their numbers were reinforced by Venezuelan immigrants of Amerindian descent, who shared many of the same traditional practices.

Cultural survival and revival

Today, at least 12,000 people in north-east Trinidad are of Amerin- dian descent, according to rough estimates. However, the Santa Rosa Carib Community (SRCC) is the only formally organized group of people identifying with an Amerindian identity. Its membership consists of several related families of indigenous ancestry. Since its formal reorganization in the early 1970s, under the leadership of Ricardo Bharath Hernandez, the SRCC has been engaged in a concerted effort to maintain those Amerindian traditions that had been retained (such as weaving, cassava growing, traditional medicines), as well as reviving traditional practices that had been lost (religious rituals, language). It has been actively engaged in researching its history. In addition, it has pursued a determined policy of establishing durable linkages with other Ame- rindian communities in Guyana, St. Vincent, Dominica, Belize and North America. Since the early 1990s, it has been a member of the Caribbean Organization of Indigenous Peoples and has hosted three international gatherings of indigenous peoples in Arima. Amongst its goals have been the achievement of formal recognition

by the national government, financial support and the granting of

state land in order to build an Amerindian village, where they •

•

would cultivate cassava, utilize local resources for craftwork and •

•

provide an independent means of earning revenue and creating • •

• employment. •

• 107

• 108 which it is to be used. Although the stated sentiments of the state are those are state the of sentiments stated the Although used. be to is it which • •

• Planning, are still debating the extent of the land and the purposes for purposes the and land the of extent the debating still are Planning, •

•

including the Lands and Surveys Division and Town and Country and Town and Division Surveys and Lands the including •

•

ries of the land grant are still being discussed. Various state agencies, state Various discussed. being still are grant land the of ries •

s north coast. Details concerning the size and bounda- and size the concerning Details coast. north s ’ island the on

grant the SRCC a portion of state land in a prime eco-tourist location eco-tourist prime a in land state of portion a SRCC the grant

ment has, after 26 years of applications from the SRCC, decided to decided SRCC, the from applications of years 26 after has, ment

and self-transformation. Since November 2002, the national govern- national the 2002, November Since self-transformation. and

The SRCC is about to embark on a major new phase of development of phase new major a on embark to about is SRCC The

New lands granted lands New

SRCC also obtained funds for the building of a new Resource Centre. Resource new a of building the for funds obtained also SRCC

of recognition to be observed every 14 October. Subsequently, the Subsequently, October. 14 every observed be to recognition of

Amerindian Heritage Day, was officially instituted as a national day national a as instituted officially was Day, Heritage Amerindian

SRCC Community Centre. In 2000, a national commemorative day, commemorative national a 2000, In Centre. Community SRCC

by providing funds and labour for the reconstruction of a large, new large, a of reconstruction the for labour and funds providing by

from the Arima Borough Council. In 1996, the government assisted government the 1996, In Council. Borough Arima the from

ment in the early 1990s. The SRCC also receives financial support financial receives also SRCC The 1990s. early the in ment

An Amerindian Projects Committee was established by the govern- the by established was Committee Projects Amerindian An

receives an annual grant of $30,000 TTD (approximately $5,000 US). $5,000 (approximately TTD $30,000 of grant annual an receives

tive of the indigenous Amerindians of Trinidad and Tobago and Trinidad of Amerindians indigenous the of tive , and it and , ”

representa- “ as, government the by recognized is SRCC the Today,

cally in compensation for the actions of the British. the of actions the for compensation in cally

speak explicitly in terms of of terms in explicitly speak to the Carib, ironi- Carib, the to ” reparations paying “

Even so, in the last few years, national governments have begun to begun have governments national years, few last the in so, Even

degree of previously unsought formalization and state surveillance. state and formalization unsought previously of degree

form has long acted as a straight jacket on the SRCC, and induced a induced and SRCC, the on jacket straight a as acted long has form

process of granting them profit-earning lands. This organizational This lands. profit-earning them granting of process

SRCC as a limited liability company, purportedly to formalize the formalize to purportedly company, liability limited a as SRCC

the other hand, the government also oversaw the incorporation of the of incorporation the oversaw also government the hand, other the

the President, attended the SRCC the attended President, the s annual Santa Rosa festivities. On festivities. Rosa Santa annual s ’

to build its first headquarters in Arima, and the titular head of state, of head titular the and Arima, in headquarters first its build to

Community Development Division of the Office of the Prime Minister Prime the of Office the of Division Development Community

first Prime Minister. The SRCC received the financial assistance of the of assistance financial the received SRCC The Minister. Prime first

Dr. Eric Williams, Trinidad and Tobago and Trinidad Williams, Eric Dr. s independence leader and leader independence s ’

tion in the nationalist press of the 1970s, and from the government of government the from and 1970s, the of press nationalist the in tion

sciousness, the revamped SRCC began to attract considerable atten- considerable attract to began SRCC revamped the sciousness,

Following several decades of living on the margins of national con- national of margins the on living of decades several Following National recognition and reparations and recognition National of equity and justice, the formal process itself seems to have been appropriated by state bureaucrats operating on conventional assumptions, rather than those of compensating a marginalized minority. While at this stage some supportive pressure is needed to ensure that Carib interests remain central to this process, the SRCC is still looking forward to achieving financial independence and the land base needed for cultural survival. For its part, the Roman Catholic Church donated the lands on which the current SRCC Centre is based, as well as homes for some of the member families. To date, their tenure has yet to be fully regularized, however.3 ❑

THE GUYANAS

hile Suriname, Guyana and French Guiana, collectively known W as the Guyanas, are on the north-east coast of South America, for demographic reasons they are included within the Caribbean. Indeed, Suriname and Guyana are both active members of CARICOM.4 French Guiana is an overseas department of France and therefore part of the European Union. All three form part of the Amazon Basin. Indigenous peoples in Guyana number approximately 60 – 70,000 persons comprising nine peoples. In Suriname, there are at least four indigenous peoples comprising 20,000 persons and some 60,000 maroons, tribal peoples, constituting six different nations.5 In French Guiana, there are 6 indigenous peoples (15,000 persons) and approximately 25,000 maroons. While the situation varies in each of the three countries, indigenous and tribal peoples are all facing substantial threats to their rights, environments and cultural integrity.

Suriname

uriname is the only country in the Western hemisphere where

S indigenous peoples are found that does not recognize that indig-

enous peoples have some form of rights to own and enjoy their ances- •

•

tral lands and territories. Even the most rudimentary rights are not •

•

protected under Surinamese law. This problem is further compounded • •

• by the fact that Suriname has granted numerous, and is presently in •

• 109

• 110 and used by indigenous peoples, this precedent has not affected not has precedent this peoples, indigenous by used and • •

• the Mining Act that prohibit small-scale mining on lands occupied lands on mining small-scale prohibit that Act Mining the •

•

major judicial decision was issued in 2002, upholding sections of sections upholding 2002, in issued was decision judicial major •

•

environment, subsistence resources and social well-being. While a While well-being. social and resources subsistence environment, •

scale mining continues to wreak havoc with the indigenous peoples indigenous the with havoc wreak to continues mining scale ’

sistent with their rights and interests. On the negative side, small- side, negative the On interests. and rights their with sistent

They are currently organizing to ensure that the revised Act is con- is Act revised the that ensure to organizing currently are They

and a long-standing demand of, indigenous peoples in Guyana. in peoples indigenous of, demand long-standing a and

Indian Statute. The agreement to revise the Act is a major victory for, victory major a is Act the revise to agreement The Statute. Indian

and discriminatory colonial legislation reminiscent of Brazil of reminiscent legislation colonial discriminatory and s1973 ’

of the Amerindian Act of 1951, an example of highly paternalistic highly of example an 1951, of Act Amerindian the of

n Guyana, indigenous peoples are in the midst of a major revision major a of midst the in are peoples indigenous Guyana, n

Guyana

reserves.

to logging and mining concessions and the establishment of nature of establishment the and concessions mining and logging to

to recognize territorial rights and active violation of those rights due rights those of violation active and rights territorial recognize to

now using the Surinamese courts to challenge the failure of the state the of failure the challenge to courts Surinamese the using now

Suriname has failed to comply. Indigenous communities are also are communities Indigenous comply. to failed has Suriname

investigate the substantive claims raised in the case. the in raised claims substantive the investigate ” To date, To

Saramaka clans until the Commission has had the opportunity to opportunity the had has Commission the until clans Saramaka

source development activity on lands used and occupied by the 12 the by occupied and used lands on activity development source

licenses for logging and mine exploration and other natural re- natural other and exploration mine and logging for licenses

ate measures to suspend all concessions, including permits and permits including concessions, all suspend to measures ate

precautionary measures requesting that Suriname Suriname that requesting measures precautionary take appropri- take “

2002, the Saramaka were informed that the Commission had issued had Commission the that informed were Saramaka the 2002,

about legal recognition of their territorial and other rights. In August In rights. other and territorial their of recognition legal about

Rights. The complaint seeks the Commission the seeks complaint The Rights. s assistance to bring to assistance s ’

filed a complaint with the Inter-American Commission on Human on Commission Inter-American the with complaint a filed

to address this situation. The Saramaka maroon people, for instance, for people, maroon Saramaka The situation. this address to

Indigenous peoples and maroons have begun to take legal action legal take to begun have maroons and peoples Indigenous

also caused severe environmental and social problems. social and environmental severe caused also

are threatened with forcible relocation. Logging concessions have concessions Logging relocation. forcible with threatened are

ing operations and in others they have been forced off their lands or lands their off forced been have they others in and operations ing

some cases, the communities find themselves in the middle of min- of middle the in themselves find communities the cases, some

were granted without any form of consultation or agreement. In agreement. or consultation of form any without granted were

fect over 60 percent of the indigenous and maroon communities and communities maroon and indigenous the of percent 60 over fect

mental and human rights records. These concessions presently af- presently concessions These records. rights human and mental

multinational corporations, many of whom have dubious environ- dubious have whom of many corporations, multinational the process of granting further, logging and mining concessions to concessions mining and logging further, granting of process the government policy and concessions continue to be issued. In some cases, miners are using river dredges and digging into the villages themselves. Mercury contamination has never been adequately assessed and is expected to be considerable. With regard to land rights, while 74 villages today hold title to approximately 7 percent of Guyana, the majority of these are seeking recognition of rights over additional areas. Some 30 villages lack any form of title. A precedent-setting aboriginal title suit was filed by the Akawaio and Arecuna villages of the Upper Mazaruni River basin in 1998 but, thus far, no trial date has been set. Government action has been equally inconclusive, insisting that demarcation of existing titles must be undertaken before any discussion of additional lands or title for those communities without land can take place. In the meantime, the state continues to issue large-scale mining permits and has come to agreements with conservation groups to convert massive areas of traditional indigenous lands into national parks and nature reserves.

French Guiana

n French Guiana, indigenous peoples are first and foremost seeking I recognition of their status as “indigenous peoples” with rights additional to those enjoyed by all French citizens. The major block- age is Article 2 of the French Constitution, which has been interpreted to require that no distinction be made among citizens. This may change, as French Guiana is in the midst of a protracted rene- gotiation of its departmental status, which came about largely due to calls from the Creole elite for greater autonomy. Indigenous peoples are using the opportunity to assert and insist upon greater recognition of their rights within the French legal system. At present, indigenous and maroon peoples may only acquire title to their lands under a 1987 Decree that applies to all “traditional forest-dependent communities”. This has enabled some communities to obtain title but only if they incorporate as an association, a requirement vigorously opposed by most communities as a violation of their right to maintain their traditional forms of organization.

Mining is also a serious problem, especially along the border with

Suriname, and a number of multinationals have been granted permits •

•

to operate on indigenous and maroon lands. ❑ • •

•

• •

• 111 • 112 • • • • • •

•

can Commission on Human Rights, 8 August 2002. August 8 Rights, Human on Commission can

6 Letter of Ariel Dultisky, head of the Executive Secretariat, Inter-Ameri- Secretariat, Executive the of head Dultisky, Ariel of Letter 6

centuries.

recognized by treaties concluded with the Dutch in the 18th and 19th and 18th the in Dutch the with concluded treaties by recognized

from slavery and rights to territorial and political autonomy were autonomy political and territorial to rights and slavery from

5 Maroons are the descendants of escaped African slaves, whose freedom whose slaves, African escaped of descendants the are Maroons 5

4 CARICOM: The Caribbean Community and Common Market. Common and Community Caribbean The CARICOM: 4

www.kacike.org/srcc/index.html.

3 For further information on the SRCC and its activities see: activities its and SRCC the on information further For 3

ents were asked to self-identify. to asked were ents

2 These figures derive from the 2001 national census in which respond- which in census national 2001 the from derive figures These 2

and Anthropology www.kacike.org . www.kacike.org Anthropology and

www.centrelink.org and the Journal of Caribbean Amerindian History Amerindian Caribbean of Journal the and www.centrelink.org

For further information, see the Caribbean Amerindian Centrelink Amerindian Caribbean the see information, further For

representative of the wide spread of indigenous peoples in the region. the in peoples indigenous of spread wide the of representative

tories and are not implying that the peoples they are discussing are discussing are they peoples the that implying not are and tories

1 The authors make full apology for not covering other Caribbean terri- Caribbean other covering not for apology full make authors The 1 Notes

•

SOUTH AMERICA •

•

• •

• 113

• 114

the preservation and ethnic integrity of integrity ethnic and preservation the ” particular in guaranteeing “ • •

• ethnic and pluricultural. Hence the state must take responsibility for responsibility take must state the Hence pluricultural. and ethnic •

•

Constitution of Colombia recognises the Colombian nation as multi- as nation Colombian the recognises Colombia of Constitution •

•

s commitments in this regard. The Political The regard. this in commitments s ’ that establish the state the establish that •

and a national policy expressed in law 387 and regulatory decrees, regulatory and 387 law in expressed policy national a and

for the displaced population. There are international agreements, international are There population. displaced the for

people and communities from the armed conflict and to provide care provide to and conflict armed the from communities and people

s responsibility to protect to responsibility s ’ state the is it situation, a such with Faced

and peasant populations, are the main victims. main the are populations, peasant and

tion to this, it is a war in which we, along with the Afro-Colombian the with along we, which in war a is it this, to tion

selves to a war that is devoid of alternative organic projects. In addi- In projects. organic alternative of devoid is that war a to selves

pressure exerted on our organisations and authorities to commit our- commit to authorities and organisations our on exerted pressure

sinations and disappearances of leaders, and the threats and strong and threats the and leaders, of disappearances and sinations

Colombia. This is due to the increased massacres, the selective assas- selective the massacres, increased the to due is This Colombia.

situation has become unbearable for all social sectors living in rural in living sectors social all for unbearable become has situation

FARC) on 20 February 2002, this 2002, February 20 on FARC) – das Revolucionarias de Colombia de Revolucionarias das

ment and the Revolutionary Armed Forces of Colombia ( Colombia of Forces Armed Revolutionary the and ment Fuerzas Arma- Fuerzas

Since the breakdown in peace negotiations between the govern- the between negotiations peace in breakdown the Since

become the main arena of war. of arena main the become

tant capital accumulation strategy in Colombia. Hence it has also has it Hence Colombia. in strategy accumulation capital tant

The Colombian countryside has become the stage for the most impor- most the for stage the become has countryside Colombian The

Backdrop to war to Backdrop

road projects, along with other trading, cattle and logging interests. logging and cattle trading, other with along projects, road

ence of multinational companies and large mining, oil, water and water oil, mining, large and companies multinational of ence

illicit crops and arms trafficking, and also due to the growing pres- growing the to due also and trafficking, arms and crops illicit

indigenous territories, conducive to hiding armed groups, growing groups, armed hiding to conducive territories, indigenous

forces. This change is due, among other things, to the geography of the of geography the to things, other among due, is change This forces.

all armed players: guerrillas, paramilitaries and even the state the even and paramilitaries guerrillas, players: armed all s armed s ’

and infringements of international humanitarian law on the part of part the on law humanitarian international of infringements and

host to the worst fighting, massacres and violations of human rights human of violations and massacres fighting, worst the to host

tional companies. Strategic territories, too, for the war, as they play they as war, the for too, territories, Strategic companies. tional

last two decades, they have become strategic territories for multina- for territories strategic become have they decades, two last

dynamics of economic development and national life. But, over the over But, life. national and development economic of dynamics

Orinoco, Amazon and Pacific regions, were marginalised from the from marginalised were regions, Pacific and Amazon Orinoco,

black communities and, to a large extent, the settler areas in the in areas settler the extent, large a to and, communities black

n the past, most of the indigenous territories, along with those of the of those with along territories, indigenous the of most past, the n COLOMBIA 6 7

9 8

1 5 4 2 1

1 2 3

1. Paece 4. Inga 7. Cogí 2. Embera 5. Nukak 8. Tule (Kuna) 3. Uitoto 6. Kankuamo 9. Bari indigenous peoples, black communities and other ethnic groups, all

now seriously threatened by the armed conflict.

And yet the state has not identified with these internationally •

•

recognised legal standards, let alone addressed constitutional prin- •

•

ciples such as the defence of the nation’s cultural diversity. What is • •

• more, there are many national and international complaints accusing •

• 115

• 116

club in Bogota, with a death a with Bogota, in club ” Nogal El “ eleven floors of the exclusive exclusive the of floors eleven • •

• groups, leading to acts of terror, such as the car bomb that destroyed that bomb car the as such terror, of acts to leading groups, •

•

contrary, they have merely exacerbated the intentions of guerrilla of intentions the exacerbated merely have they contrary, •

•

have not produced results in terms of reducing the violence. On the On violence. the reducing of terms in results produced not have •

Perhaps of most concern with regard to these measures is that they that is measures these to regard with concern most of Perhaps

(as informants) in the conflict encouraged, among other measures. other among encouraged, conflict the in informants) (as

tary operations were implemented and the participation of civilians of participation the and implemented were operations tary

of total military control were established, taxes to fund mili- fund to taxes established, were control military total of ” zones

rehabilitation ” , ” security democratic “ of policy the implement to order in

government, and government, ’ lez é V Uribe lvaro Á of months six first the During

democracy and restriction of spaces for popular participation. popular for spaces of restriction and democracy

the authoritarian alternative, with an accompanying limitation of limitation accompanying an with alternative, authoritarian the

that has taken hold of millions of Colombians, all led them to opt for opt to them led all Colombians, of millions of hold taken has that

frontation extending throughout the whole country and the despair the and country whole the throughout extending frontation

lisation, the crisis in justice, spreading paramilitarism, armed con- armed paramilitarism, spreading justice, in crisis the lisation,

economy the destruction of the production system through globa- through system production the of destruction the economy

ate for security. Systematic violations of human rights, a worsening a rights, human of violations Systematic security. for ate

conflict. Quite clearly, a large section of Colombian society is desper- is society Colombian of section large a clearly, Quite conflict.

with which to resolve the armed the resolve to which with ’ security democratic ‘ of policy a

to the violence in the country. Once invested as president, he vaunted he president, as invested Once country. the in violence the to

, in order to put an end an put to order in , ” heart warm hand, firm “ slogan the around

lez, whose electoral campaign had focused had campaign electoral whose lez, é V Uribe lvaro Á President,

In May 2002, a majority of the Colombian people elected their new their elected people Colombian the of majority a 2002, May In

” decurity democratic “ of policy The

very existence as peoples. as existence very

only the lives of individuals, families and communities but also their also but communities and families individuals, of lives the only

rights to territory, autonomy and cultural identity, endangering not endangering identity, cultural and autonomy territory, to rights

which the armed conflict is undermining their ethnic integrity, their integrity, ethnic their undermining is conflict armed the which

from the armed players. This has been demonstrated by the way in way the by demonstrated been has This players. armed the from

Indigenous peoples are particularly vulnerable to such aggression such to vulnerable particularly are peoples Indigenous

indigenous Kankuamo and Cog and Kankuamo indigenous were killed. were í

Nevada de Santa Marta where, during 2002, more than one hundred one than more 2002, during where, Marta Santa de Nevada

las; or the massacres perpetrated by paramilitary groups in the Sierra the in groups paramilitary by perpetrated massacres the or las;

the church, were killed by a cylinder bomb thrown by FARC guerril- FARC by thrown bomb cylinder a by killed were church, the

ries; that of Bojay of that ries; , in which 127 Afro-Colombians, seeking refuge in refuge seeking Afro-Colombians, 127 which in , á

Paece, Afro-Colombians and settlers were murdered by paramilita- by murdered were settlers and Afro-Colombians Paece,

as that of Alto R Alto of that as o Naya, in which around a hundred indigenous hundred a around which in Naya, o í

a timely and effective manner in the case of such publicised massacres publicised such of case the in manner effective and timely a the Colombian state, particularly its Armed Forces, of failing to act in act to failing of Forces, Armed its particularly state, Colombian the toll of 43 and more than 100 wounded, and the “house-bomb” in the town of Neiva, aimed at bringing down the presidential plane but which took the lives of more than 20 people, most of them from poor backgrounds. Currently, and in the face of the murder of one US soldier and the kidnapping of another three by the FARC, the United States has increased its military presence and there is significant US troop infrastructure and military advisors beginning to appear on Colombian soil. For many, President Uribe’s requests to the United Nations to send UN peacekeeping forces and his request to President Bush to commit himself to military intervention in Colombia and in the Caribbean to eradicate drugs trafficking and terrorism hark back to the early days of the Vietnam war.

The Free Trade Agreement

This escalation in violence is taking place against an economic and political backdrop that is not favourable to the interests of the popular sectors, given that the successive economic crises caused by the last ten years of neoliberal policies have destroyed the production system.2 The last three governments in Colombia have implemented policies that have tended to dismantle many of the standards and requirements of our legal system in relation to protecting the indigenous territories, the collective territories of black communities, the environment and biodiversity, standards that prevented the implementation of economic mega-projects that were not environmentally, socially and culturally viable. In this way, they have been smoothing the path towards implementing a Free Trade Agreement for the Ame- ricas (FTAA), an economic strategy of neo-colonial integration that seeks the free circulation of goods and services throughout the whole continent. It is an economic strategy defined and governed by the interests of the United States, the most powerful country on the planet in economic, political and military terms. The most worrying thing is that the FTAA will open the path to the plundering of Colombia’s strategic natural resources, ending up with the country’s agriculture in ruins and a consequent loss of food security. The biggest problem is that the FTAA is accompanied by a “mili-

tary component”, such as the Plan Colombia, which encourages a

violation of the human rights of indigenous people and other rural •

•

communities leading, among other things, to further displacements of •

•

communities from their territories when mega-projects or the exploi- • •

• tation of natural resources is planned. •

• 117 • 118 • • • •

•

by preventing social change and our political progress. political our and change social preventing by •

•

placing themselves on the same side as those who also threaten us threaten also who those as side same the on themselves placing •

to achieve spaces for their own government. In this way, they are they way, this In government. own their for spaces achieve to

organisations (such as those of the indigenous) that had managed had that indigenous) the of those as (such organisations

litical path once and for all but it has crossed the path of social of path the crossed has it but all for and once path litical

With these actions, the FARC has not only abandoned the po- the abandoned only not has FARC the actions, these With

and Valle. and

distinguished indigenous leaders in Cauca, Antioquia, Choc Antioquia, Cauca, in leaders indigenous distinguished ó

ganisations that do not yield to their demands but murdering but demands their to yield not do that ganisations

rebel forces, are not only threatening those communities and or- and communities those threatening only not are forces, rebel

expression, autonomy and government. The FARC, but also other also but FARC, The government. and autonomy expression,

deny the indigenous peoples and organisations spaces for their for spaces organisations and peoples indigenous the deny

and even attack the most deeply held democratic feelings and to and feelings democratic held deeply most the attack even and

arrogance and intimidating weaponry have led them to ignore to them led have weaponry intimidating and arrogance

ism of the main guerrilla force in the country, the FARC, whose FARC, the country, the in force guerrilla main the of ism

among wide sectors of the population, due to the authoritarian- the to due population, the of sectors wide among

are fighting against it enjoy neither credibility nor legitimacy nor credibility neither enjoy it against fighting are

nored our independence and our demands, the rebel forces that forces rebel the demands, our and independence our nored

s authoritarianism has ig- has authoritarianism s ’ government the that way same the In

Guerrilla totalitarianism Guerrilla

the political parties and their ruling class. ruling their and parties political the

s economic and social crisis and to the delegitimisation of delegitimisation the to and crisis social and economic s ’ country

another phenomenon that has contributed to the spread of the of spread the to contributed has that phenomenon another

text, has led to rent-seeking, corruption and social breakdown, is breakdown, social and corruption rent-seeking, to led has text,

which, in a neoliberal con- neoliberal a in which, ” culture drugs “ this of impact The

drugs trafficking have created a so-called so-called a created have trafficking drugs . ” culture drugs “

economically and socially depressed rural regions. Three decades of decades Three regions. rural depressed socially and economically

source of recruitment of young people into the war is to be found in found be to is war the into people young of recruitment of source

source of funding is illicit drugs trafficking and the most important most the and trafficking drugs illicit is funding of source

the violence, given that the armed players armed the that given violence, the ” fuels “ primarily main ’

gether with the cultivation of illicit crops (coca and poppy), is what is poppy), and (coca crops illicit of cultivation the with gether

rural population now live below the poverty line. This poverty, to- poverty, This line. poverty the below live now population rural

that has been hit the hardest. Recent studies show that 82% of the of 82% that show studies Recent hardest. the hit been has that

poverty among wide sectors of Colombian society, it is the countryside the is it society, Colombian of sectors wide among poverty

But while ten years of neoliberal policies have led to increased to led have policies neoliberal of years ten while But Fuelling the violence the Fuelling Facing up to the armed conflict

To safeguard the communities from the armed conflict, the regional and national indigenous organisations have been undertaking many actions. However, concrete results have been few, for talks with the armed groups have not put a stop to the murder, kidnapping and disappearance of indigenous leaders. Neither have they prevented the forced displacement of communities. The complaints we have made, the requests for state protection of our communities and the declarations made by our organisations stating that our people identify with none of the aggressors, have merely exacerbated the warring intentions of all groups and increased the threats. The solidarity and support we have received from friendly national and international organisations, while mitigating the hardship, has been powerless to protect our lives. For the indigenous communities, the organisations are their main support against the armed conflict. However, the repression they have suffered in recent years has weakened them and created barriers, not only within the indigenous movement but within the Colombian popular movement as a whole. Whereas town councils used to be the main network of solidarity and support in defence of our territories and resources, they now often have “closed attitudes”, with policies focused on the defence of their own immediate interests - understandable in the current situation, as they want to preserve the standard of living they have managed to achieve - but unfavourable in terms of making joint progress to defend ourselves from the war. Nonetheless, it is for the town councils and organisations to continue to guide the future of their communities and peoples. And it is they who must lead the processes of resistance to the war. Similarly, the indigenous authorities are what unite and draw together the indigenous peoples. It is they that guide, govern and represent the peoples and communities. In united communities, with strong authorities accepted by all members, it is more difficult for the armed groups to impose their will. This explains why many indigenous leaders have been murdered, both by the paramilitaries and by the guerrilla groups. But in communities where organisation is weak, and where there

are no authorities capable of intervening in community affairs or

resolving internal conflicts, far less of mobilising their peoples in •

•

defence of their territory, it is more likely that powers (more often than •

•

not armed) will be able to supplant or co-opt those authorities. • •

• •

• 119

• 120

to contribute to ending the war and its humanitarian its and war the ending to contribute to An uprising uprising • •

•

peoples. To trust more in ourselves and shake off our fear. our off shake and ourselves in more trust To peoples. •

• to rescue our spirituality and regain the dignity of our of dignity the regain and spirituality our rescue to An

uprising •

•

as peoples. as •

will be a gamble we are taking on life in order to survive to order in life on taking are we gamble a be will This uprising

nomic life. nomic

in all areas of our cultural, social, political and eco- and political social, cultural, our of areas all in An uprising

. an called uprising

forces to begin 2003 with a series of actions and protests that we have we that protests and actions of series a with 2003 begin to forces

indigenous peoples and organisations have decided to unite all our all unite to decided have organisations and peoples indigenous

In the social, political and economic environment described above, the above, described environment economic and political social, the In

Indigenous uprising Indigenous

players, for they cannot leave or freely cross their own territories. own their cross freely or leave cannot they for players,

by the armed the by ” hostage held “ virtually are communities many caused:

mean that a contrasting problem to that of displacement is being is displacement of that to problem contrasting a that mean

This resistance to displacement, and their deep roots in the land, the in roots deep their and displacement, to resistance This

the number of displaced indigenous now stands at around 10,000. around at stands now indigenous displaced of number the

preferring to do so within their territories, or towards other communities, other towards or territories, their within so do to preferring

marked because the indigenous usually avoid displacing to urban areas, urban to displacing avoid usually indigenous the because marked

Although forced displacements of indigenous populations are less are populations indigenous of displacements forced Although

players in the war: state, rebels and paramilitaries. and rebels state, war: the in players

opted for a strategy of peaceful resistance, within our territories, to all to territories, our within resistance, peaceful of strategy a for opted

victims of all armed players, are the reasons why we indigenous have indigenous we why reasons the are players, armed all of victims

social movement, along with the fact that we have ended up the up ended have we that fact the with along movement, social

authorities, our organisational strength and tradition of struggle as a as struggle of tradition and strength organisational our authorities,

Our territorial roots, our community cohesion around traditional around cohesion community our roots, territorial Our

inclusion, also violent, in this armed conflict. armed this in violent, also inclusion,

economic and social development, we have also been resisting our resisting been also have we development, social and economic

But while we have decided to resist our violent exclusion from exclusion violent our resist to decided have we while But

spare no violence to achieve their selfish aims. selfish their achieve to violence no spare

system that favours the private interests of small power groups who groups power small of interests private the favours that system

ginalisation into which we have been forced by an exclusive economic exclusive an by forced been have we which into ginalisation

have also decided to consolidate our fight to emerge from the mar- the from emerge to fight our consolidate to decided also have

people from being stripped of their belongings and territories. We territories. and belongings their of stripped being from people

have reaffirmed their will to resist the violence and to prevent their prevent to and violence the resist to will their reaffirmed have

enous peoples over the last 2 years, the indigenous organisations indigenous the years, 2 last the over peoples enous

In the many meetings, congresses and other events held by the indig- the by held events other and congresses meetings, many the In Resistance degradation, to put an end to the barbarity to which we indigenous, black and peasant peoples are subjected by the armed players. To rescue the indigenous who have been recruited into the war. It is an uprising that actively seeks peace. It is fundamentally an uprising to strengthen us from within, to revitalize our cultures, reaffirm our governments and develop our own justice, because only then can we control our territories and strengthen our resistance. An uprising to return the displaced to their territories. An uprising for mutual support, to continue developing our life plans, albeit in the most adverse circumstances of this war. An uprising to meet once more, with our peoples firstly, and then with all the excluded and oppressed of Colombia. An uprising to show the country that indigenous peoples are an organic and active part of the Colombian nation and that, as such, we are not going to wait forever for a lazy state to resolve our problems.❑

Notes

1 ILO “Convention 169”, ratified by Colombia by means of law 21 of 1991; “UN Resolution 217 of 1948 on the rights of man”; “Convention for the prevention and punishment of the crime of genocide”, approved by Colom- bia by means of law 28 of 1959; “American Convention on Human Rights”, now law 16 of 1972; “International Convention on the Elimination of all forms of racial discrimination”, now law 22 of 1981; “Convention against torture”, now law 70 of 1986, among other legal regulations. 2 The 1999 crisis, the most serious in the last 20 years, left 2 million people living in absolute poverty. Along with another 2 million displaced by the violence, they have lost their jobs and homes, and now drift hopelessly on the margins of society. 3 Unfortunately, some communication media – along with senior government officials and military spokespeople – have tried perversely to show that indigenous resistance is opposed only to the guerrilla forces and supportive of the state. The magazine CAMBIO, for example, entitled an article on indigenous resistance to its people taking up arms as “Popular Counter Insurgency”. Similar treatment has been given by

the daily EL TIEMPO to this position of the indigenous peoples.

•

• •

• 121

• 122 sition (representatives from the indigenous peoples and from the from and peoples indigenous the from (representatives sition • •

•

cation of Indigenous Territories. This latter is of bipartite compo- bipartite of is latter This Territories. Indigenous of cation •

• sion and various regional commissions regional various and sion

for the process of demar- of process the for •

1 •

of a National Commis- National a of – Decree Presidential by – and the creation creation the and •

Demarcation of the Territories and Habitat of Indigenous Peoples Indigenous of Habitat and Territories the of Demarcation

to our own education. Among these can be mentioned the Law of Law the mentioned be can these Among education. own our to

tion of our traditional knowledge, to the application of justice and justice of application the to knowledge, traditional our of tion

our right to the collective ownership of our territory, to the protec- the to territory, our of ownership collective the to right our

3. Decrees, laws and regulations have been approved that guarantee that approved been have regulations and laws Decrees, 3.

as peoples, in the sense given to this term by ILO Convention 169. Convention ILO by term this to given sense the in peoples, as

2. The Bolivarian Constitution of Venezuela recognises the indigenous the recognises Venezuela of Constitution Bolivarian The 2.

national law. national

Venezuela ratified ILO Convention 169, thus converting it into it converting thus 169, Convention ILO ratified Venezuela

1. In 2002, after long years of waiting, the Bolivarian Republic of Republic Bolivarian the waiting, of years long after 2002, In 1.

be noted: be

With regard to our rights as indigenous peoples, the following must following the peoples, indigenous as rights our to regard With

Progress and political crisis political and Progress

rently in conflict. in rently

inclusive, participatory and consequential democratic system are cur- are system democratic consequential and participatory inclusive,

and the aspirations of the Venezuelan people to establish a truly a establish to people Venezuelan the of aspirations the and

The economic interests of national and international businesses international and national of interests economic The

obviously not too happy about this. about happy too not obviously

groups that have governed Venezuela since its birth as a Republic are Republic a as birth its since Venezuela governed have that groups

government system that is enshrined in the Constitution. The social The Constitution. the in enshrined is that system government

the consequence of a series of events that are defining the bases of the of bases the defining are that events of series a of consequence the

pation on the part of traditionally excluded social sectors and has had has and sectors social excluded traditionally of part the on pation

This historic event has initiated an irreversible process of partici- of process irreversible an initiated has event historic This

of Venezuela, following a turbulent constituent process. constituent turbulent a following Venezuela, of

indigenous peoples would be included in the Bolivarian Constitution Bolivarian the in included be would peoples indigenous

centuries were then to pass before a chapter on the rights of the of rights the on chapter a before pass to then were centuries

ture of our peoples and their right to self-determination. Almost two Almost self-determination. to right their and peoples our of ture

since independence, when Sim when independence, since var decreed the aboriginal na- aboriginal the decreed var í Bol n ó

country), it is helpful to have some knowledge of the country the of knowledge some have to helpful is it country), s history s ’

such a polemic and eventful time (never before witnessed in the in witnessed before (never time eventful and polemic a such

o understand the situation of indigenous peoples in Venezuela at Venezuela in peoples indigenous of situation the understand o VENEZUELA 7

1 Wayyú 4 Pemón 7 Yekuana (Approx. locations of indigenous 2 Pumé 5 Yagarana groups mentioned in text) 3 Warao 6 Yanomami government), even though it is chaired by the Minister for the Environment and Natural Resources.2 It should also be noted that the Organic Law of Indigenous Peoples and Communities (LOPCI) was approved by the National Assembly at its first reading, the driving force and content of

which were the original initiative - and have involved the direct

participation of - all regional indigenous organisations, in addi- •

•

tion to the National Indian Council of Venezuela (Consejo Nacional •

•

Indio de Venezuela - CONIVE). It is hoped that it will be approved • •

• and will enter into force later this year. •

• 123

• 124 Gaviria, in a meeting held in January 2003. January in held meeting a in Gaviria, •

•

• sar é known to the Secretary of the Organisation of American States, C States, American of Organisation the of Secretary the to known •

•

indigenous movement to come out against them. This was made was This them. against out come to movement indigenous •

•

tions of the opposition during those three days were sufficient were days three those during opposition the of tions

for the for • 7

take place within the framework of the Constitution. The violent ac- violent The Constitution. the of framework the within place take

terms of policies or at the level of government representatives must representatives government of level the at or policies of terms

sanctioned by the indigenous movement. Any change proposed in proposed change Any movement. indigenous the by sanctioned

cember of that year on (with the so-called National Strike) National so-called the (with on year that of cember was fully was

lic aside, what was proposed during April 2002 and then from De- from then and 2002 April during proposed was what aside, lic

Feelings of sympathy or not for the current President of the Repub- the of President current the for not or sympathy of Feelings

roughshod over rights that had taken years to be recognised. be to years taken had that rights over roughshod

The Bolivarian Constitution of Venezuela was also ignored, thus riding thus ignored, also was Venezuela of Constitution Bolivarian The

indigenous movement in Amazonas lost one governor and three mayors. three and governor one lost Amazonas in movement indigenous

as. To give you some idea, the idea, some you give To as. í Fr vez á Ch Rafael Hugo President of

coup) cancelled all the public authorities elected during the government the during elected authorities public the all cancelled coup)

Pedro Carmona Estanga (self-declared President during the days of the of days the during President (self-declared Estanga Carmona Pedro

it must be recalled that the Presidential Decree issued by businessman by issued Decree Presidential the that recalled be must it

addition to the death threats received by indigenous leaders at that time, that at leaders indigenous by received threats death the to addition

s indigenous peoples. In peoples. indigenous s ’ Venezuela by won spaces political the and

the coup of April 2002. This coup endangered the rights established rights the endangered coup This 2002. April of coup the

situation is undergoing a serious crisis, which became apparent with apparent became which crisis, serious a undergoing is situation

constituent process, it is also the case that the country the that case the also is it process, constituent s political s ’

Whilst progress in terms of rights has been significant due to the to due significant been has rights of terms in progress Whilst

public administration. public

are in line with and respect traditional forms of forms traditional respect and with line in are – reality political

whilst set within the national and international legal and legal international and national the within set whilst – which ties

regional and local governments, from a perspective of having authori- having of perspective a from governments, local and regional

the aim of identifying the critical implementation points in these in points implementation critical the identifying of aim the

at a political level. For this reason, we are undertaking a study a undertaking are we reason, this For level. political a at with

And yet, despite these achievements, weaknesses can be observed be can weaknesses achievements, these despite yet, And

one of our deputies, Mrs. Nohel Mrs. deputies, our of one Pocaterra. í

deputies. The Vice-Presidency of this Assembly is currently held by held currently is Assembly this of Vice-Presidency The deputies.

tinue to be represented in the National Assembly in the form of three of form the in Assembly National the in represented be to tinue

tives on the Regional Legislative Council. Indigenous peoples con- peoples Indigenous Council. Legislative Regional the on tives

In Amazonas State specifically, there are two indigenous representa- indigenous two are there specifically, State Amazonas In

nationally. zonas State and various mayors various and State zonas

executive powers. In this respect, we have a governor a have we respect, this In powers. executive in Ama- in

us to have direct representation in the country the in representation direct have to us s legislative and legislative s ’

5. Our right to political participation has been guaranteed, enabling guaranteed, been has participation political to right Our 5.

ers in the development process being discussed in the country. the in discussed being process development the in ers 4. Our authorities and organisations have been legitimised as play- as legitimised been have organisations and authorities Our 4. In terms of our immediate reality

This said, it would seem appropriate to mention that, in spite of the fact that the policies proposed by the National Executive are aimed at a more democratic society, with a more equitable distribution of wealth, their application is still not without its difficulties. In this regard, according to a report of the Pan-American Health Organisation (PAHO), social spending has increased as a percentage of total public expenditure. The national budget increased from 8.6% in 1995 to 11.6% in 2000. The priorities of the portfolio of projects that receive co-funding from the Inter-American Development Bank (IADB)8 have also been completely reversed. Whilst traditionally this expenditure was aimed at large works or projects linked to policies of a macro-economic nature, now the portfolio of IADB projects for Venezuela includes a significant number of social investment projects. Nonetheless, and beyond statistical data, the following agreements and disagreements between formally recognised rights, established policies and the well-being of our communities should be noted. With regard to the process of land demarcation, the Regional Organisation of Indigenous Peoples of Venezuela (Organización Re- gional de los Pueblos Indígenas de Venezuela - ORPIA) has commenced and almost finished the process of self-demarcation of its lands.9 Even though the Constitution notes that it is the National Executive’s responsibility to undertake this process, it is clear that more than two years after the entry into force of the Law of Demarcation of the Territory and Habitats of Indigenous Peoples, the National Demarca- tion Commission – for various reasons, including a lack of financial resources – has been unable to do this. In the last quarter of 2002, conversations began between the Ministry for the Environment and Natural Resources and ORPIA in order to move forward together in the process. Even though ORPIA has now almost finished the self- demarcation of lands, the next phases, relating to the digitalisation of maps and the production of files for the discussion on collective property titles, will be undertaken in joint coordination. For this, resources will be available from the National Executive, through this Ministry. With regard to the right of indigenous peoples to “.…maintain and

develop their ethnic and cultural identity, world view, values, spiritu-

ality...” and the relationship with the Laws on Environmental Protec- •

•

tion, the indigenous peoples of Amazonas State are the victims of •

•

violations of this right on the part of various authorities involved in • •

• environmental protection, who ignore their right to certain uses and •

• 125

• 126 by the indigenous people, a basic aspect in curing any patient. any curing in aspect basic a people, indigenous the by • •

• For example, they do not tend to consider the foods traditionally used traditionally foods the consider to tend not do they example, For •

•

enous peoples and the services linked to health care must also be noted. be also must care health to linked services the and peoples enous •

•

The misunderstandings between the traditional uses of the indig- the of uses traditional the between misunderstandings The •

health and illness that are radically different from our own. our from different radically are that illness and health

speak Spanish and, what is more, they have ways of understanding of ways have they more, is what and, Spanish speak

begin with, they have to communicate with many people who do not do who people many with communicate to have they with, begin

who are trained only to treat patients from the city. To city. the from patients treat to only trained are who universities, the

Similarly, we are concerned at the training received by doctors in doctors by received training the at concerned are we Similarly,

in order to travel. to order in

kind. Patients are required to pay amounts that are beyond their reach their beyond are that amounts pay to required are Patients kind.

or air transportation and there are currently no public services of this of services public no currently are there and transportation air or

recalled that the geographic conditions of the Amazon require river require Amazon the of conditions geographic the that recalled

the impossibility of transferring the patient to a hospital. It must be must It hospital. a to patient the transferring of impossibility the

members who were not treated in time for lack of a doctor or through or doctor a of lack for time in treated not were who members

Sadly, communities can recount the tragedies of deaths of family of deaths of tragedies the recount can communities Sadly,

based and respiratory illnesses. respiratory and based

data, are tuberculosis, malaria, parasitosis, malnutrition, diarrhoea- malnutrition, parasitosis, malaria, tuberculosis, are data,

illnesses these populations suffer from, according to the incomplete the to according from, suffer populations these illnesses

health centres in indigenous populations have no doctor. no have populations indigenous in centres health The main The ”

72.8% of rural of 72.8% “ that indicates it which in , ” Venezuela in Health of

Preliminary Analysis Preliminary “ its in Organisation Health Pan-American the

patients in emergencies. This is in line with what was expressed by expressed was what with line in is This emergencies. in patients

ties. 3) Lack of adequate means of transport with which to move to which with transport of means adequate of Lack 3) ties.

tivation on the part of medical staff to work in indigenous communi- indigenous in work to staff medical of part the on tivation

of visits from medical staff, 2) Lack of appropriate training and mo- and training appropriate of Lack 2) staff, medical from visits of

state their problems in terms of three areas: 1) Insufficient frequency Insufficient 1) areas: three of terms in problems their state

enous peoples and communities of Amazonas State. The communities The State. Amazonas of communities and peoples enous

proposed, this continues to be an issue of great concern for the indig- the for concern great of issue an be to continues this proposed,

In terms of health, despite the budgets allocated and the policies the and allocated budgets the despite health, of terms In

the parties. the

tual awareness raising, would lead to a consequent harmony between harmony consequent a to lead would raising, awareness tual

process with a clearly established agenda, along with a process of mu- of process a with along agenda, established clearly a with process

view, need not be in contradiction. In our opinion, a negotiation a opinion, our In contradiction. in be not need view,

making efforts to reconcile both interests which, from our point of point our from which, interests both reconcile to efforts making

In this respect, ORPIA and the Ombudsman of Amazonas State are State Amazonas of Ombudsman the and ORPIA respect, this In

obtain various palms for building their traditional houses. traditional their building for palms various obtain

come from fishing and hunting. Similarly, they are denied permits to permits denied are they Similarly, hunting. and fishing from come

areas. However, needless to say, the basic foodstuffs of our peoples our of foodstuffs basic the say, to needless However, areas.

inhabitants, arguing a prohibition on fishing or hunting in certain in hunting or fishing on prohibition a arguing inhabitants,

Guard tend to confiscate fish or hunted animals from indigenous from animals hunted or fish confiscate to tend Guard customs. A few examples will serve to illustrate this. The National The this. illustrate to serve will examples few A customs. With regard to the issue of intercultural education, recent preliminary data obtained by ORPIA within the context of a Youth Network Train- ing Project,10 indicates that young people feel that intercultural scho- oling is more bilingual than intercultural. The methods and infrastructure used for teaching traditional knowledge have no similarities with the traditional methods of knowledge transmission. The teaching of knowledge from the “Western” world is frequently imparted by people from the communities who have only recently obtained their baccalaureate, and who have an insufficient conceptual understanding of the issues they are teaching, with little or no pedagogic training and reflection. It is serious to note that this has the consequence of making it impossible to continue to develop our lives in ancestral ways whilst, at the same time, we are prevented from enjoying a fitting relationship, with our own identity, with the rest of national and international society.

In conclusion

We at the Regional Organisation of Indigenous Peoples of Venezuela believe that it is impossible that rights so recently established can become a reality in such a short space of time. Similarly, we believe that this is a responsibility that has to be shared by government and the organised communities. Now we have our rights recognised but we do not have sufficient trained leaders to take forward the process of planning and negotiation that will enable the government to make the policies proposed more effective. We have the government’s political goodwill, and we ourselves must actively contribute to putting the proposed policies into practice. It is also the government’s responsibility to encourage among its representatives an understanding of the different realities and the democratic intent expressed in the Constitution. These arguments enable us to tell the world that, despite difficulties in effectively achieving our well-being, we are fighting in Ven- ezuela to build a country from the vision of the excluded majority, who are only demanding greater participation, better resource distribution, that justice is administered ethically and responsibly. From

our perspective, we believe we are moving down a path that goes

against the principles that govern world economic policy, but we are •

•

convinced that it may be the only way of applying a development plan •

•

that is not in contradiction with the principles of nature, of the dignity • •

• of humankind. We believe that the contribution of indigenous peoples •

• 127 • 128 • • •

•

10 With UNICEF support. UNICEF With 10 •

•

Human Rights Office of the Apostolic Vicariate of Puerto Ayacucho. Puerto of Vicariate Apostolic the of Office Rights Human •

9 With the support of IWGIA, the GAIA Foundation in Colombia and the and Colombia in Foundation GAIA the IWGIA, of support the With 9

are laid down by the National Executive. National the by down laid are

8 It must be recalled that the priorities established for IADB investments IADB for established priorities the that recalled be must It 8

men, women and children inside, including the Ambassador the including inside, children and women men, s wife. s ’

ened to evict all those inside. They shut off the water and electricity, with electricity, and water the off shut They inside. those all evict to ened

involvement of various players from the political opposition, who threat- who opposition, political the from players various of involvement

7 One only has to recall the invasion of the Cuban Embassy with the with Embassy Cuban the of invasion the recall to has only One 7

place apart from the paralysis of two or three shops. three or two of paralysis the from apart place

This was also the case in Amazonas State, where the strike never took never strike the where State, Amazonas in case the also was This

tinued operating as normal, a situation that the media did not broadcast. not did media the that situation a normal, as operating tinued

functioning. The centre of these towns and other neighbourhoods con- neighbourhoods other and towns these of centre The functioning.

s largest towns stopped towns largest s ’ country the of areas class middle upper the

the opposition known as the Democratic Coordination, shops located in located shops Coordination, Democratic the as known opposition the

of the so-called National Strike, on the part of the Coordinating Body of Body Coordinating the of part the on Strike, National so-called the of

ties, with the consequent financial imbalance. We noted that at the start the at that noted We imbalance. financial consequent the with ties,

because of its strategic significance, forced the paralysis of many activi- many of paralysis the forced significance, strategic its of because

strike did not occur until the opposition decreed the Oil Stoppage which, Stoppage Oil the decreed opposition the until occur not did strike

6 It should be noted that the impression we have in ORPIA is that the that is ORPIA in have we impression the that noted be should It 6

5 As part of an international IWGIA/European Union project. Union IWGIA/European international an of part As 5

4 Highest authority of the municipalities. the of authority Highest 4

geographically into municipalities. into geographically

geographically into states. The states, in turn, are divided politically and politically divided are turn, in states, The states. into geographically

3 Highest authority of the states. Venezuela is divided politically and politically divided is Venezuela states. the of authority Highest 3

” . … non-transferable

ownership of their lands, which will be inalienable, non-seizable and non-seizable inalienable, be will which lands, their of ownership

indigenous peoples, to define and guarantee the right to the collective the to right the guarantee and define to peoples, indigenous

It is for the National Executive, with the participation of participation the with Executive, National the for is It “ that, indicates

2 This is in line with the provisions of the Constitution, article 119 of which of 119 article Constitution, the of provisions the with line in is This 2

1 In those federal entities with indigenous population. indigenous with entities federal those In 1

Notes

jected with this current development model. development current this with jected ❑

planet to survive the process of destruction to which it is being sub- being is it which to destruction of process the survive to planet

mind all elements that make it possible and that will enable this enable will that and possible it make that elements all mind

social equity and promote life in a more ethical dimension, bearing in bearing dimension, ethical more a in life promote and equity social

the principles that govern the current economy, to radically recapture radically to economy, current the govern that principles the

identity, and which will enable us to make great efforts to humanise to efforts great make to us enable will which and identity,

based on integrated development with a collective vision and our own our and vision collective a with development integrated on based to this process is enabling a way of life to be take into account that is that account into take be to life of way a enabling is process this to ECUADOR

cuador is going through an historical process in which the indig- Eenous peoples and nationalities have become a powerful social player in the country’s political, social and cultural routine. Over the last 20 years, Ecuador’s indigenous peoples have embarked on incessant struggles aimed at achieving their recognition as collective entities and their individual rights. In this regard, the deep questions raised by the indigenous regarding the construction of nation states that have adopted systems in which societies are not considered to be diverse and culturally heterogeneous have rung out loud and clear. But the indigenous peoples of Ecuador, through one of the most representative organisations, the Confederation of Indigenous Na- tionalities of Ecuador (Confederación de Nacionalidades Indígenas de Ecua- dor - CONAIE), have embarked on an incessant struggle to achieve their recognition as peoples and nationalities. The country’s legal code has changed qualitatively in terms of recognising indigenous rights. And, more importantly, the indigenous peoples have become legal subjects with rights and new social actors in the political electoral scene.

The political participation of indigenous peoples

Out of a need to exercise their political rights, the indigenous peoples and nations, in particular CONAIE through its political wing, the Pachakutik Movement, have made incursions into the country’s political arena, radically modifying the electoral scene. Both at national and provincial level, indigenous representatives took up the challenge of participating in the public authorities, with the aim of infil- trating the state’s power and attempting to resolve the serious problems of exclusion and marginalisation experienced throughout Ecua- dor’s history. In 1996, the Pachakutik Movement participated with their own candidates in the presidential, national and provincial elections, as well as in the elections for local mayors and councillors, winning a

number of important political positions. Two years later, indigenous

leaders participated in the Constituent National Assembly, in which •

•

they achieved the introduction of constitutional reforms that were •

•

very favourable to the indigenous peoples. In the 2002 presidential • •

• elections, an alliance was formed between the indigenous and sectors •

• 129

• 130 enous movement in Ecuador. in movement enous • •

•

a significant step backwards along the path being forged by the indig- the by forged being path the along backwards step significant a •

• A possible breakdown in the alliance would represent would alliance the in breakdown possible A ”

government. •

•

demand that the Pachatkutik Movement breaks its alliance with this with alliance its breaks Movement Pachatkutik the that demand •

the poorest sectors of the country. If we are not listened to, we will we to, listened not are we If country. the of sectors poorest the

economic team refocus the measures and economic policies to benefit to policies economic and measures the refocus team economic

government, headed by Mauricio Pozo. And a demand that the new the that demand a And Pozo. Mauricio by headed government,

immediate resignation of the economic team of Lucio Guti Lucio of team economic the of resignation immediate “ s ’ rrez é

) in April 2003, a demand was made for the for made was demand a 2003, April in ) de las Nacionalidad Kichwa Nacionalidad las de

Peoples of Kichwa Nationality ( Nationality Kichwa of Peoples n de Pueblos de n ó Confederaci la de Congreso

bia and economic policy. At the Congress of the Confederation of Confederation the of Congress the At policy. economic and bia

the alliance at risk due to positions taken on the Iraq conflict, Colom- conflict, Iraq the on taken positions to due risk at alliance the

But internal differences within the national government are putting are government national the within differences internal But

FTAA. It would not even provide guarantees for national big business. big national for guarantees provide even not would It FTAA.

In the current conditions, it would be suicide for Ecuador to enter the enter to Ecuador for suicide be would it conditions, current the In

country being taken into account. into taken being country

forming a part of it and the weaknesses and specific character of each of character specific and weaknesses the and it of part a forming

(FTAA) without relationships being modified between the countries the between modified being relationships without (FTAA)

criticised the entry into force of the Free Trade Area for the Americas the for Area Trade Free the of force into entry the criticised

No sooner had she been appointed Foreign Secretary than Pacari than Secretary Foreign appointed been she had sooner No

Colombian government and the guerrillas. the and government Colombian

solution, supporting the reinstatement of peace talks between the between talks peace of reinstatement the supporting solution,

intervention in the Colombian conflict and would promote a peaceful a promote would and conflict Colombian the in intervention

Moreover, she stated that Ecuador would maintain a policy of non- of policy a maintain would Ecuador that stated she Moreover,

aside and discriminated against. discriminated and aside ”

the participation of social sectors that have historically been pushed been historically have that sectors social of participation the

of a political project that includes this diversity and seeks to promote to seeks and diversity this includes that project political a of

world, there is recognition of the identities being built in Ecuador and Ecuador in built being identities the of recognition is there world,

The new Minister for Foreign Affairs stated that, that, stated Affairs Foreign for Minister new The In a globalised a In “

as Under-Secretary in the Ministry of Social Welfare. Social of Ministry the in Under-Secretary as

Macas, Minister of Agriculture and Livestock and Dr. Lourdes Tib Lourdes Dr. and Livestock and Agriculture of Minister Macas, n á

mention Dr. Nina Pacari Vega, Minister for Foreign Affairs, Luis Affairs, Foreign for Minister Vega, Pacari Nina Dr. mention

the indigenous representatives within the new government, we can we government, new the within representatives indigenous the

many indigenous people gained positions in state departments. Of departments. state in positions gained people indigenous many

significant number of provincial councillors. As part of the Alliance, the of part As councillors. provincial of number significant

and 11 deputies from the Pachakutik Movement were elected, plus a plus elected, were Movement Pachakutik the from deputies 11 and

Colonel Lucio Guti Lucio Colonel rrez was appointed President of the Republic the of President appointed was rrez é

majority in the second round of elections. of round second the in majority

Society and the Pachakutik Movement) that gained an overwhelming an gained that Movement) Pachakutik the and Society

of the military (the (the military the of Party for Patriotic for Party – Partido Sociedad Patri Sociedad Partido tica ó 6 5 4 7 3 3

3 1

1 Shuar - Achuar 4 Siona - Secoya 7Tsáchila 2 Huaroni 5 Awa 3 Quichua 6 Cachi

In the Ecuadorian Amazon

Meanwhile, the Amazonian peoples continue to face serious conflicts with oil companies, such as the case of the Kichwa community of Sarayaku de Pastaza, which is opposed to oil exploitation on its territories. On 26 January this year, military troops attacked the “Tiutihualli” camp, set up by the inhabitants of Sarayacu the day previously to defend themselves from the constant harassment of the CGC/Che- vronTexaco oil company, which was trying to forcibly carry out seis- mic explorations on the Sarayacu territory. In the commotion, four people from Sarayacu were captured by the soldiers. They were blindfolded and bound hand and foot and

left on the ground with no water. They were then taken by helicopter

to the CGC/ChevronTexaco operations centre in Chontoa. They were •

•

again mistreated by people they could not see for their blindfolds •

•

but, according to conversations they overheard, they identified them • •

• as being “engineers” from the company. •

• 131 • 132 • • •

•

• s environmental and cultural relations with its territory. its with relations cultural and environmental s ’ community

❑ •

•

investigation and take express and immediate measures to protect the protect to measures immediate and express take and investigation •

intervene to protect the indigenous leaders, facilitate a process of process a facilitate leaders, indigenous the protect to intervene

an urgent legal mandate obliging the Ecuadorian state to directly to state Ecuadorian the obliging mandate legal urgent an

Serrano, CDES lawyer, noted that this important resolution is resolution important this that noted lawyer, CDES Serrano, é Jos

period of six months for this purpose. this for months six of period

rayacu community, through the Inter-American system, granting a granting system, Inter-American the through community, rayacu

ment the precautionary measures in direct consultation with the Sa- the with consultation direct in measures precautionary the ment

In addition, the IACHR required the Ecuadorian state to imple- to state Ecuadorian the required IACHR the addition, In

s resolutions. s ’ IACHR the implement to government rian

announced that they would continue to put pressure on the Ecuado- the on pressure put to continue would they that announced

tions providing the community of Sarayacu with legal representation, legal with Sarayacu of community the providing tions

CEJIL), organisa- CEJIL), ( Law Centro por la Justicia y el Derecho Internacional - - Internacional Derecho el y Justicia la por Centro

CDES) and the Centre for Justice and International and Justice for Centre the and CDES) micos y Sociales - Sociales y micos

The Centre for Economic and Social Rights ( Rights Social and Economic for Centre The Centro de Derechos Econo- Derechos de Centro

of the Sarayacu community with their territory. their with community Sarayacu the of

3. Adopt those measures necessary to protect the special relationship special the protect to necessary measures those Adopt 3.

and their consequences, prosecute and punish those responsible. those punish and prosecute consequences, their and

Campo de Paz and Vida Tiutihualli in the Sarayacu community Sarayacu the in Tiutihualli Vida and Paz de Campo

2. Investigate the events that took place on 26 January 2003 in the in 2003 January 26 on place took that events the Investigate 2.

outside the community. the outside

threats or terrorisation on the part of the army or civilians from civilians or army the of part the on terrorisation or threats

the Sarayacu Indigenous Community...who may form the object of object the form may Community...who Indigenous Sarayacu the

and physical, psychological and moral integrity of all members of members all of integrity moral and psychological physical, and

1. Adopt all measures considered necessary to guarantee the lives the guarantee to necessary considered measures all Adopt 1.

oil company: oil

take precautionary measures in relation to the conflict with the CGC the with conflict the to relation in measures precautionary take

Rights, IACHR, stipulated that the Ecuadorian government should government Ecuadorian the that stipulated IACHR, Rights,

community of Sarayacu, the Inter-American Commission on Human on Commission Inter-American the Sarayacu, of community

request and arguments of the Amazonian indigenous people from the from people indigenous Amazonian the of arguments and request

On the basis of these events, on 5 May 2003, after hearing the hearing after 2003, May 5 on events, these of basis the On

immediately withdrawn. immediately

Bobonaza and the two hundred soldiers in the Sarayacu region were region Sarayacu the in soldiers hundred two the and Bobonaza

the people from Sarayacu were allowed free passage across the river the across passage free allowed were Sarayacu from people the

soldiers in which the four indigenous people held captive were freed, were captive held people indigenous four the which in soldiers

That same night, they managed to negotiate an agreement with the with agreement an negotiate to managed they night, same That

who they immediately proceeded to set free. set to proceeded immediately they who For its part, the Sarayacu community managed to detain four soldiers, four detain to managed community Sarayacu the part, its For PERU

ver the past twelve months, the indigenous world in Peru has O been characterized by a weakening of the state’s institutions for indigenous peoples. Pro-indigenous rhetoric has remained at the level of declarations and has not been accompanied by decisions demonstrating the government’s political will. As of March 2003, the National Commission for Andean, Amazo- nian and Afro-Peruvian Peoples (Comisión Nacional de Pueblos An- dinos, Amazónicos y Afroperuanos - CONAPA), created by Supreme Decree 111-2001-PCM in November 2001, had held only three ordinary sessions, the decisions of which were politically insignificant and its agreements nil. This situation has been in part caused by its unclear design from the start. Chaired by the wife of the President of the Republic, Eliane Karp de Toledo, CONAPA has never been more than a space for dialogue between indigenous leaders and some representatives of various public sectors. It has had no greater implementing powers, a low level of representation of the state sector, no public budget allocated to it and comprises all ad honore members. CONAPA has been languishing in improvisation and ineffectiveness while the media has increased its criticism of a lack of transparency in the First Lady’s management who, apart from her official office, chairs CONAPA and a private foundation with its headquarters in Panama, known as “Pacha para el Cambio”. The Supervisory Commission of the Congress of the Republic has commenced investigations into requests for financial resources made in France, Spain and other countries on behalf of indigenous peoples, using her position as wife of the President, and which may have been channelled to her private institution. Similarly, questions are being raised as to the many high-salaried staff she has in her service, paid by the state and, in part, the Development Project for Indigenous and Afro-Peru- vian Peoples (Proyecto de Desarrollo para los Pueblos Indígenas y Afro- peruanos - PDPIA), a pilot project financed by the World Bank and whose overall funding totals US$5 million.

Institutionalisation frustrated

While various indigenous spokespeople have, since the government •

•

came to office in July 2001, insisted on the need to define the institu- •

•

tionalisation of the state, on 13 February the government issued Su- • •

• preme Decree 013-2003-PCM by means of which it dissolved the •

• 133

• 134

), a coalition made up primarily of organisations of primarily up made coalition a ), genas y Comunidades y genas •

•

• Indigenous Peoples and Communities ( Communities and Peoples Indigenous - í Coordinadora de Pueblos Ind Pueblos de Coordinadora •

•

form. The campaign is the responsibility of the Coordinating Body of Body Coordinating the of responsibility the is campaign The form. •

•

enous peoples and communities in the process of constitutional re- constitutional of process the in communities and peoples enous •

tions has been their campaign for the inclusion of the rights of indig- of rights the of inclusion the for campaign their been has tions

One of the most important actions of Peruvian indigenous organisa- indigenous Peruvian of actions important most the of One

Campaigning for inclusiveness for Campaigning

velopment policies, plans and programmes for indigenous peoples. indigenous for programmes and plans policies, velopment

autonomy and the authority to regulate, manage and implement de- implement and manage regulate, to authority the and autonomy

have legal status, technical, administrative, economic and financial and economic administrative, technical, status, legal have

of Ministry, within its constitutional proposal, a body that would that body a proposal, constitutional its within Ministry, of

included the need to create a decentralised public body, at the level the at body, public decentralised a create to need the included

over the coming months. Meanwhile, the indigenous movement has movement indigenous the Meanwhile, months. coming the over

the government will need to establish at least one executing agency executing one least at establish to need will government the

tutional incapacity and an inability to spend the money means that means money the spend to inability an and incapacity tutional

implement the project before losing it once and for all through insti- through all for and once it losing before project the implement

The election of a new PDPIA Project Coordinator and the need to need the and Coordinator Project PDPIA new a of election The

within civil society bodies. society civil within

ing that ONPE lacks the authority to organise or supervise elections supervise or organise to authority the lacks ONPE that ing

manner. The Ombudsman has issued an opinion in this regard, stat- regard, this in opinion an issued has Ombudsman The manner.

wish to have a public body supervising them in such an imperative an such in them supervising body public a have to wish

legitimate mechanisms to elect indigenous representatives, did not did representatives, indigenous elect to mechanisms legitimate

CONAPA by surprise who, whilst being in agreement with using with agreement in being whilst who, surprise by CONAPA

- ONPE). This decision took the indigenous members of members indigenous the took decision This ONPE). - Electorales

the National Office for Electoral Processes ( Processes Electoral for Office National the Oficina Nacional de Procesos de Nacional Oficina

representation within CONAPA, elections that will be supervised by supervised be will that elections CONAPA, within representation

free and democratic elections democratic and free “ hold to which within for indigenous for ”

In addition, the stated provision decrees a timescale of 120 days 120 of timescale a decrees provision stated the addition, In

erratic direction. erratic

Secretariat of a coordinating body with poor performance and an and performance poor with body coordinating a of Secretariat

in terms of addressing indigenous peoples indigenous addressing of terms in concerns is the Executive the is concerns ’

months in government, the only institution with an implementing role implementing an with institution only the government, in months

Secretariat within CONAPA was agreed. In other words, after twenty after words, other In agreed. was CONAPA within Secretariat

enous peoples. In replacing SETAI, the appointment of an Executive an of appointment the SETAI, replacing In peoples. enous

implementing agency but a coordinating body of the state and indig- and state the of body coordinating a but agency implementing

of roles with CONAPA, despite the fact that this latter is not an not is latter this that fact the despite CONAPA, with roles of

enous peoples enous issues. The argument was that there was an overlap an was there that was argument The issues. ’

- SETAI), the only public institution addressing indig- addressing institution public only the SETAI), - genas í Ind tos

Technical Secretariat of Indigenous Affairs ( Affairs Indigenous of Secretariat Technical cnica de Asun- de cnica é T a í Secretar 6

4 9 3 1 2 7

1. Harakmbut 4. Asháninka 7. Aymara 2. Ese Eja 5. Cocama-Cocamilla 8. Quechua 3. Shipibo 6. Aguaruna-Huambisa 9. Pueblos en aislamiento affiliated to the Permanent Coordinating Body of Indigenous Peoples of Peru (Coordinadora Permanente de Pueblos Indígenas del Perú - COP-

PIP) and other non-members such as the Agro-forestry Coordinating

Body of Indigenous and Peasant Farmers of Peru (Coordinadora Agro- •

•

forestal Indígena y Campesina del Perú - COICAP) and the Confederation •

•

of Amazonian Nationalities of Peru (Confederación de Nacionalidades • •

• Amazónicas del Perú - CONAP). The initiative for the campaign came •

• 135

• 136 with full knowledge of the facts. the of knowledge full with •

•

• s consent or opposition, freely expressed freely opposition, or consent s ’ mation and of giving one giving of and mation •

•

stands the consultation process as being one of providing full infor- full providing of one being as process consultation the stands •

•

tible and inexpropriable nature of indigenous territories and under- and territories indigenous of nature inexpropriable and tible •

The proposal demands the inalienable, nonseizable, imprescrip- nonseizable, inalienable, the demands proposal The

ship of their territories. their of ship

is proposed, guaranteeing them the rights of possession and owner- and possession of rights the them guaranteeing proposed, is

tion or initial contact to voluntarily maintain or change their situation their change or maintain voluntarily to contact initial or tion

Similarly, protection of the right of peoples in situations of isola- of situations in peoples of right the of protection Similarly,

communities, whatever their legal position, and their organisations. their and position, legal their whatever communities,

territories and natural resources. They include the peasant and native and peasant the include They resources. natural and territories

mous in their organisation and in the use and administration of their of administration and use the in and organisation their in mous

The indigenous peoples are social organisations of public law, autono- law, public of organisations social are peoples indigenous The

political institutions, their territory and they identify themselves as such. as themselves identify they and territory their institutions, political

predate the state and have their own social, economic, cultural and cultural economic, social, own their have and state the predate

exist in law and have legal status. Indigenous or ancestral peoples ancestral or Indigenous status. legal have and law in exist

The indigenous peoples, peasant communities and native communities native and communities peasant peoples, indigenous The

own definition of indigenous: of definition own

Among other innovations in the indigenous proposals is their is proposals indigenous the in innovations other Among

. ” pluriethnic and tilingual

pluricultural, mul- pluricultural, “ as society Peruvian recognises expressly which

an article on the definition of the state has already been approved, been already has state the of definition the on article an

within Congress to achieve acceptance of their proposals. For a start, a For proposals. their of acceptance achieve to Congress within

months in order to mobilise public awareness and the political forces political the and awareness public mobilise to order in months

tions are confident of promoting a strong campaign over the coming the over campaign strong a promoting of confident are tions

referendum for its approval or rejection. The indigenous organisa- indigenous The rejection. or approval its for referendum

until July, after which Congress will submit the approved text to a to text approved the submit will Congress which after July, until

The reform process will continue with a discussion of the draft the of discussion a with continue will process reform The

for formulation of the reform and its justification was submitted. was justification its and reform the of formulation for

an Indigenous Forum in the Legislative Chamber, at which a proposal a which at Chamber, Legislative the in Forum Indigenous an

indigenous organisations from all of the country the of all from organisations indigenous s regions along with along regions s ’

April 2003, an Indigenous Consultation was held with delegates from delegates with held was Consultation Indigenous an 2003, April

enous peoples in the planned constitutional reform. On 12 and 13 and 12 On reform. constitutional planned the in peoples enous

ticipatively drawn up a joint proposal to include the rights of indig- of rights the include to proposal joint a up drawn ticipatively

March, in order to hold a prior day of consultation and has par- has and consultation of day prior a hold to order in March,

the section on indigenous peoples, which was due to be held in held be to due was which peoples, indigenous on section the

The Coordinating Body has managed to postpone the debate on debate the postpone to managed has Body Coordinating The

AIDESEP).

Rainforest ( Rainforest - tnica de Desarrollo de la Selva Peruana Selva la de Desarrollo de tnica é Inter n ó Asociaci from the Inter-ethnic Association for the Development of the Peruvian the of Development the for Association Inter-ethnic the from People from Madre de Dios protest against loggers’ depredations of their forests. Photo: Claus Kjærby/IBIS Denmark

The indigenous proposal demands ownership and autonomy in the control, use and management of the natural resources existing within their territory, along with the direct or associated exploitation of their land, sea and subsoil resources. The indigenous organisations undoubtedly have a hard battle on their hands to achieve their inclusion as indigenous peoples, given that to date the various Political Constitutions have only recognised the communities, whose rights have been reduced by the questionable 1993 Constitution promulgated by Alberto Fujimori’s regime and other unconstitutional laws such as the Law on Mining Access, promulgated under its aegis.

Unity of indigenous organisations

Another noteworthy event is the process of convergence that is taking place between the main Peruvian indigenous organisations of

the Andes and the Amazon which, in October 2002, decided to

formally establish the Permanent Coordinating Body of Indigenous •

•

Peoples of Peru (Coordinadora Permanente de los Pueblos Indígenas del •

•

Perú – COPPIP), a national umbrella organisation of Peruvian indig- • •

• enous organisations. •

• 137

• 138 there will be a need for other civic participation mechanisms as mechanisms participation civic other for need a be will there • •

• the formulation of regional policies that have an intercultural focus, intercultural an have that policies regional of formulation the •

•

Whilst regionalisation opens up the possibility of influencing of possibility the up opens regionalisation Whilst •

•

noring social, historical and cultural criteria. cultural and historical social, noring •

in which a political and administrative criterion predominates, ig- predominates, criterion administrative and political a which in

because it is a top-down process, one that reproduces the centralism the reproduces that one process, top-down a is it because

process is viewed very critically by the indigenous organisations indigenous the by critically very viewed is process

2003) on indigenous relations with the state, the decentralisation the state, the with relations indigenous on 2003)

As demonstrated by a workshop in the central forest (January forest central the in workshop a by demonstrated As

other.

lists and compete against each against compete and lists ’ parties different the on participate to

indigenous individuals from the same people or organisation have organisation or people same the from individuals indigenous

law has caused a great deal of confusion and division because division and confusion of deal great a caused has law

had to comprise a minimum of 15% indigenous representatives. This representatives. indigenous 15% of minimum a comprise to had

lists of candidates in constituencies with an indigenous presence indigenous an with constituencies in candidates of lists

For the elections, Congress issued a law on quotas such that the that such quotas on law a issued Congress elections, the For

been maintained in which each department is also a region. a also is department each which in maintained been

toric/cultural criteria but a political/administrative criterion has criterion political/administrative a but criteria toric/cultural

not been defined on the basis of geographic, socio-economic or his- or socio-economic geographic, of basis the on defined been not

regional government after so many years. This time, the region has region the time, This years. many so after government regional

initiating a new attempt to decentralise the country and to rebuild to and country the decentralise to attempt new a initiating

Regional and municipal elections were held in November 2002, thus 2002, November in held were elections municipal and Regional

Decentralisation: a new challenge new a Decentralisation:

paign for constitutional reform. constitutional for paign

catalyst in processes of indigenous convergence such as the cam- the as such convergence indigenous of processes in catalyst

constituted legal status and plays an important role as a promoter and promoter a as role important an plays and status legal constituted

turn the Conference into a Coordinating Body. COPIP now has duly has now COPIP Body. Coordinating a into Conference the turn

ADECAP), among others, decided to take a step towards unity and unity towards step a take to decided others, among ADECAP), - -

(A n de Defensa y Desarrollo de las Comunidades Andinas del Per del Andinas Comunidades las de Desarrollo y Defensa de n ó sociaci ú

the Defence and Development of the Andean Communities of Peru of Communities Andean the of Development and Defence the

) and the Association for Association the and ) nicas ó Amaz y genas í Ind Mujeres de Permanente

Permanent Workshop of Indigenous and Amazonian Women ( Women Amazonian and Indigenous of Workshop Permanent Taller

- CONACAMI), the CONACAMI), - Nacional de Comunidades Afectadas por la Miner la por Afectadas Comunidades de Nacional a í

Coordinating Body of Communities Affected by Mining ( Mining by Affected Communities of Body Coordinating Coordinadora

ous issues but also disagreement on others, AIDESEP, the National the AIDESEP, others, on disagreement also but issues ous

ing several years of exchange of experience, rapprochement on vari- on rapprochement experience, of exchange of years several ing

to establish a Permanent Conference of Indigenous Peoples. Follow- Peoples. Indigenous of Conference Permanent a establish to

Rights and Indigenous Peoples, held in Cusco, at which it was agreed was it which at Cusco, in held Peoples, Indigenous and Rights The process of unity began in 1998 with the First Congress of Human of Congress First the with 1998 in began unity of process The neither the regions nor the municipalities recognise the pluricul- turality of the spaces for social representation and there are no mechanisms ensuring the true participation of civil society. It should also be noted that regional government is an attempt to gradually transfer resources and power, and that the municipalities in areas with indigenous population have little income as they cannot generate their own funding like the urban municipalities. Moreover, transport in the forest is very difficult and expensive, increasing the cost of public works. In the future, indigenous peoples will have an opportunity to enforce their right to participate at the level of the regions, and provincial and district municipalities, and to turn them into something positive but only provided that the indigenous organisations gain greater information, knowledge and undertake training actions in all regions.

Main battles of the Amazonian Movement

The peoples in isolation

There are at least 14 recorded peoples in Peru who are in isolation or in a situation of initial or sporadic contact. They live nomadically in forested areas with difficult access. Their main subsistence activities are hunting and gathering. Their absence of any contact with national society is due to a fear of suffering further traumatic experiences similar to those experienced in the past, the consequences of which were death and illness, which decimated their population. In some cases, they are groups consisting of only a few dozen people, such as the Isconahua or Ikobakebu, from the Pano ethno-linguistic family, living in the Lo- wer Ucayali (headwaters of the Shesha and Abujao). Others relate to somewhat larger peoples, such as the Kugapakori, Nanti or Ki- rineri, settled in the Cusco forests, within the sphere of the Camisea project, and whose population is calculated at over a thousand people. The number one enemy of uncontacted peoples or peoples living

in isolation are the fossil fuel companies and loggers, who have no

qualms about entering the areas inhabited by these indigenous po- •

•

pulations. Warnings that their entry could lead to epidemics or that •

•

the changing of their habitat could endanger their basic subsistence • •

• needs fall on deaf ears. •

• 139 • 140 • • • • •

•

(305,973.05 has), included within both reserves. both within included has), (305,973.05 •

Communal Reserve (218,905.63 has) and the Otishi National Park National Otishi the and has) (218,905.63 Reserve Communal

ninka Communal Reserve (184,468.38 has), the Machiguenga the has), (184,468.38 Reserve Communal ninka á Ash

which establishes the following permanent protected natural areas: the areas: natural protected permanent following the establishes which

n and Pasco, and Pasco, and n í Jun of departments the in has 709,347.06 of area

known as the Vilcabamba mountain range, over an over range, mountain Vilcabamba the as known Zone Reserved ,

lished, which officially declares the Categorisation of the Apur the of Categorisation the declares officially which lished, mac í

On 15 January 2003, Supreme Decree No. 003-2003-AG was pub- was 003-2003-AG No. Decree Supreme 2003, January 15 On

Vilcabamba mountain range: important achievement important range: mountain Vilcabamba

tion of protected areas onto indigenous territories. indigenous onto areas protected of tion

communities should be supported in order to avoid the superimposi- the avoid to order in supported be should communities

of the specific demands is that the land regularisation of Amazonian of regularisation land the that is demands specific the of

tation along criteria of equity and with an intercultural approach. One approach. intercultural an with and equity of criteria along tation

by the World Bank with the aim of ensuring effective joint implemen- joint effective ensuring of aim the with Bank World the by

PIMA) being monitored being PIMA) reas Naturales Protegidas - Protegidas Naturales reas Á en gena í Ind n ó ticipaci

the Indigenous Participation in Protected Natural Areas Project ( Project Areas Natural Protected in Participation Indigenous the Par-

ticipation in the management of protected natural areas, specifically in specifically areas, natural protected of management the in ticipation

In addition, AIDESEP is continuing its pressure to improve its par- its improve to pressure its continuing is AIDESEP addition, In

in which reserved areas and procedures were also defined. also were procedures and areas reserved which in

model of agreed concessions established in the new Forestry Law, Forestry new the in established concessions agreed of model

not to begin to process the said regulation, which casts doubt on the on doubt casts which regulation, said the process to begin to not

are trying to convince Congress and the President of the Republic the of President the and Congress convince to trying are

indigenous and environmental organisations and INRENA itself INRENA and organisations environmental and indigenous

department of Madre de Dios. At the time of writing this report, this writing of time the At Dios. de Madre of department

area in which uncontacted peoples are present in the Amazonian the in present are peoples uncontacted which in area

the period of time allowed for transporting timber extracted from an from extracted timber transporting for allowed time of period the

known as the Salhuana Law, the intention of which is to increase to is which of intention the Law, Salhuana the as known

Another sign of this is the attempt to approve the bill of law of bill the approve to attempt the is this of sign Another

s lethargy and the voracity of predatory companies. predatory of voracity the and lethargy s ’ state the to up

genous organisations such as FENAMAD and AIDESEP, who stand who AIDESEP, and FENAMAD as such organisations genous

The only effective defenders of these uncontacted peoples are indi- are peoples uncontacted these of defenders effective only The

society and to avoid violating their right to isolation. to right their violating avoid to and society

(also known as the Nanti) from the dangers of contact with with contact of dangers the from Nanti) the as known (also national

in 1990 to protect the indigenous Nahua and Kugapakori groups Kugapakori and Nahua indigenous the protect to 1990 in

imposed on the Nahua-Kugapakori Reserve, established by the state the by established Reserve, Nahua-Kugapakori the on imposed One example is Block 88 of the Camisea Gas Project, which is super- is which Project, Gas Camisea the of 88 Block is example One Main battles of the Andean movement

The mining problem

Mineral exploitation has become the main problem affecting Peru’s indigenous communities in the Andes and along the coast, and there is a long history of abuses that have gone unpunished. The state’s power to exclusively exploit minerals and fossil fuels means, in practice, an infringement of rights such as the right to life and to communal property. The state permits the purchase of lands for mining at an unrealistic value, causing displacement of the people, who lose everything: their land, their customs, their economic subsistence activities and their cultural roots. These people, who only have experience of agricultural and livestock activities, find it difficult to take up other activities. The mining projects promise to generate new jobs but this is not the case as the demand is for highly qualified workers. Peru is one of the largest producers of gold, silver, zinc and other metals in Latin America and directs its policy of promoting private investment at the mining industry, giving this priority over agriculture, industry and fishing. The mining industry enjoys a favourable regulatory framework offering access to land, cheap labour, flexible environmental regulations and tax benefits. This framework creates socio-environmental and territorial problems and conflicts for more than 3,000 indigenous communities and local populations who, without proper consultation, are forced to live alongside the mining industry and suffer its impacts. The greatest impacts are on the hydro-graphic basins, in which liquid and solid effluents are deposited. In addition, river courses are changed for mining activity, and lakes dry up. Another macro-impact is the atmospheric contamination in towns such as Oroya, Moquegua and Callao. Mining activity in areas of poverty also distorts local economic indicators, creates enormous social divisions locally, and promotes activities that alter local customs and economies. CONACAMI maintains that mining in Peru is environmentally, socially and economically unsustainable in its current form. The mining industry is experiencing a crisis in economic, but also environ-

mental and social, profitability. The government maintains that the

economy is improving through mining activity. However, mining has •

•

yet to demonstrate a capacity to substantially improve the quality of •

•

life of those communities in mining areas. • •

• •

• 141

• 142 than 600 pages and demonstrates how the Peruvian state has fa- has state Peruvian the how demonstrates and pages 600 than • •

• thus protected by ILO Convention 169. The lawsuit comprises more comprises lawsuit The 169. Convention ILO by protected thus •

•

peasant farmer communities in Peru are of indigenous origin, and origin, indigenous of are Peru in communities farmer peasant •

•

and break up the communities. It should be noted that the majority of majority the that noted be should It communities. the up break and •

, which serves to put pressure on pressure put to serves which , ” Rights Mining on Law “ the 26570,

places land ownership in a position of legal uncertainty, and Law and uncertainty, legal of position a in ownership land places

Among the pro-investment regulations are Law 26505 (1995), which (1995), 26505 Law are regulations pro-investment the Among

to the detriment of the indigenous peoples. indigenous the of detriment the to

belonging to these communities, creating an inequality in application in inequality an creating communities, these to belonging

extraction by means of regulations that contradict the rights of people of rights the contradict that regulations of means by extraction

has promoted private sector involvement in mining and fossil fuel fossil and mining in involvement sector private promoted has

The complaint states that, from 1990 to the present day, the state the day, present the to 1990 from that, states complaint The

and the gradual development of economic, social and cultural rights. cultural and social economic, of development gradual the and

association, along with the right to freedom to work, legal protection legal work, to freedom to right the with along association,

property, personal integrity, equality, non-discrimination and free and non-discrimination equality, integrity, personal property,

Among the main rights violated can be noted the right to life, to right the noted be can violated rights main the Among

man Rights. man

fundamental rights enshrined in the American Convention on Hu- on Convention American the in enshrined rights fundamental

mining activity in Peru and against the state for violation of the of violation for state the against and Peru in activity mining

Washington on behalf of the members of the communities affected by affected communities the of members the of behalf on Washington

Rights (IACHR) of the Organisation of American States (OAS) in (OAS) States American of Organisation the of (IACHR) Rights

presented a petition to the Inter-American Commission on Human on Commission Inter-American the to petition a presented

Due to this frustrated dialogue, on 28 February 2003, CONACAMI 2003, February 28 on dialogue, frustrated this to Due

Peruvian state denounced before the IACHR the before denounced state Peruvian

Commission, frustrating the communities hopes for dialogue. for hopes communities the frustrating Commission,

2003, the government had not issued the supreme decree creating this creating decree supreme the issued not had government the 2003,

Energy and Mining, Agriculture and Health. Nonetheless, as of March of as Nonetheless, Health. and Agriculture Mining, and Energy

guez Rabanal and three government ministers holding portfolios in portfolios holding ministers government three and Rabanal guez í dr

This commitment was signed by presidential advisor C advisor presidential by signed was commitment This sar Ro- sar é

and the communities. the and

45 days, made up of representatives from government, the companies the government, from representatives of up made days, 45

commitment to form a high-level tripartite Dialogue Commission within Commission Dialogue tripartite high-level a form to commitment

delegation from the march but, through his representative, signed a signed representative, his through but, march the from delegation

affected by mining. President Alejandro Toledo refused to receive a receive to refused Toledo Alejandro President mining. by affected

thousand community members from 13 of the country the of 13 from members community thousand s departments s ’

and Farming took place in Lima, attended by approximately three approximately by attended Lima, in place took Farming and

From 1 to 10 July 2002, a Great National March for Life, Land, Water Land, Life, for March National Great a 2002, July 10 to 1 From The March for Life and frustrated dialogue frustrated and Life for March The voured the mining companies, affecting the local communities and populations. The damage caused by mining activities continues without the Peruvian state dealing with the issue, and there are no public bodies to effectively monitor protection of the rights of the indigenous peoples and peasant and native communities that suffer its bitter consequences. ❑

Note

1 More information on this reserve and its peoples can be found on the web at: www.serjali.org and www.onr.com/cabeceras

BOLIVIA

2002 will go down in the country’s history as that of the “democratic rebellion of ‘illegal’ Bolivia”. The general elections held on 30 June led the indigenous Aymara, Evo Morales, leader of the coca growers of El Chapare and of the Movement to Socialism (Movimiento Al Socialismo - MAS) to the doors of the Presidency of the Republic, having won the second vote. Alongside him, around 30 indigenous and peasant representatives entered parliament as deputies and senators.

Background

The general elections were preceded not only by multiple conflicts that led to various social demonstrations but also by a chain of decisions on the part of those in power that engendered the people’s reaction. Different analysts1 highlight the emergence of parallel but independent social movements, in the wake of the “water war” of April 2000 in

Cochabamba. Marches on the part of indigenous and peasant farmers

from the Oriente, road blocks in El Chapare and the La Paz altiplano, • •

•

teachers’ and truckers’ protests and the violence against peasant farmers •

•

over access to agrarian property, have all been a constant factor of the last •

• two years. Aware that the progress made by their demonstrations was •

• 143

• 144 tinued to gain support for a Constituent Assembly. Constituent a for support gain to tinued • •

• decision had to be overturned only days later, while the march con- march the while later, days only overturned be to had decision •

•

bers and other members of parliament. There was uproar and the and uproar was There parliament. of members other and bers •

•

and inherited allowances for the presidents of both legislative cham- legislative both of presidents the for allowances inherited and •

members of parliament to approve, in secret sitting, lucrative lifelong lucrative sitting, secret in approve, to parliament of members

buried the draft reform once and for all. But the occasion served for served occasion the But all. for and once reform draft the buried

qualify the leader of one of these parties from running for president, for running from parties these of one of leader the qualify

s decision to dis- to decision s ’ Court Electoral the by caused parties government

This march, together with a new disagreement between the pro- the between disagreement new a with together march, This

the Bolivian Oriente. Bolivian the

which took place in May with the involvement of organisations from organisations of involvement the with May in place took which

March for Popular Sovereignty, Territory and Natural Resources Natural and Territory Sovereignty, Popular for March “ , ”

enous and peasant farmers yet further, were the reasons behind the behind reasons the were further, yet farmers peasant and enous

measures that would affect the decimated agrarian rights of indig- of rights agrarian decimated the affect would that measures

law that exclusively favoured the logging sector and the news of other of news the and sector logging the favoured exclusively that law

The news of the reform, together with the first reading of a bill of bill a of reading first the with together reform, the of news The

and social control, paying only lip service to democratic opening up. opening democratic to service lip only paying control, social and

political system, the announced reform put it once more above legal above more once it put reform announced the system, political

mechanism for constitutional reform. But instead of opening up the up opening of instead But reform. constitutional for mechanism

cluding the possibility of establishing a Constituent Assembly as a as Assembly Constituent a establishing of possibility the cluding

a commitment to promote reforms to widen civic participation, in- participation, civic widen to reforms promote to commitment a

traditional parties, at the request of the Catholic Church, included Church, Catholic the of request the at parties, traditional

randum of Understanding signed months previously between the between previously months signed Understanding of randum

the news of the approval of a Constitutional Reform bill. The Memo- The bill. Reform Constitutional a of approval the of news the

elected members. His threat has been fulfilled and more. Then came Then more. and fulfilled been has threat His members. elected

parliament once more, only this time accompanied by a further 20 further a by accompanied time this only more, once parliament

exit was sealed with his threat to return to return to threat his with sealed was exit ’ Morales Evo leader.

to the roadblocks, only broadened the sympathy for the excluded the for sympathy the broadened only roadblocks, the to

decision, instead of gaining the approval of urban sectors opposed sectors urban of approval the gaining of instead decision,

and police that left several dead on both sides in early 2002. This 2002. early in sides both on dead several left that police and

accusing him of being the author of clashes between coca growers coca between clashes of author the being of him accusing

of excluding the coca growers coca the excluding of leader, Evo Morales, from parliament, from Morales, Evo leader, ’

that led to the electoral results of 30 June. The first of these was that was these of first The June. 30 of results electoral the to led that

In this context, the ruling class made a series of erratic decisions erratic of series a made class ruling the context, this In

standing to guarantee relative political stability. political relative guarantee to standing

intervention of the Catholic Church to broker a Memorandum of Under- of Memorandum a broker to Church Catholic the of intervention

between the parties of the past governing coalition, which led to the to led which coalition, governing past the of parties the between

Over the same period, strong disagreements were also arising also were disagreements strong period, same the Over

in the development model and political system. political and model development the in

on from sectoral demands to making demands for for demands making to demands sectoral from on structural changes structural

found themselves in, the social sectors - primarily rural rural primarily - sectors social the in, themselves found started to move to started – not resolving their problems or changing the situation of exclusion they exclusion of situation the changing or problems their resolving not 9

8 6

10 5 4 11 11 12

2 2 12 2 3 11

1 Weenhayek 4 Chiquitano 7 Itonama 10 Yuqui 2 Ayoreo 5 Guarayo 8 Tacana 11 Aymara 3 Guaraní 6 Sirionó 9 Ese Eja 12 Quechua

During May, in the most important towns in the country, debates were held between the presidential candidates. The participation of the coca growers’ leader in the first debate was so well received that he was

excluded from subsequent debates organised by business groups. This

exclusion also had an impact on the electorate and the candidate •

•

benefited from this. •

•

One last event relates to the declarations issued by the US Embassy • •

• warning the government that it would withdraw its support to Bolivia •

• 145

• 146 30 June. But, contrary to the first statement, the march was at that time that at was march the statement, first the to contrary But, June. 30 • •

• and others argued that its aim was to boycott the general elections of elections general the boycott to was aim its that argued others and •

•

that the march was a politico-electoral strategy on the part of the MAS the of part the on strategy politico-electoral a was march the that •

•

lenged. Various spokespeople from the ruling class spread the idea the spread class ruling the from spokespeople Various lenged. •

ernment but also on the political parties, who were strongly chal- strongly were who parties, political the on also but ernment

The march became a real influencing factor not only on the gov- the on only not factor influencing real a became march The

-CONAMAQ). ( Quyasuyo Consejo de Ayllus y Markas del Quyasuyo del Markas y Ayllus de Consejo

under the same banner, led by the Council of Ayllus and Markas of Markas and Ayllus of Council the by led banner, same the under

lands undertook their own marches from Chuquisaca and Potos and Chuquisaca from marches own their undertook lands í

s demands and the natives of the high- the of natives the and demands s ’ demonstration the of support

institutions and democratic personalities publicly announced their announced publicly personalities democratic and institutions

demands. Other social organisations of an urban nature, civil society civil nature, urban an of organisations social Other demands.

filing of the draft Law on Sustainable Development and made land made and Development Sustainable on Law draft the of filing

political parties. In addition to this, the march demanded the final the demanded march the this, to addition In parties. political

tory Constituent Assembly and a break with the monopoly of the of monopoly the with break a and Assembly Constituent tory

joining forces behind it, identifying with the demands for a participa- a for demands the with identifying it, behind forces joining

May continued, with many social sectors linked to the countryside the to linked sectors social many with continued, May

Popular Sovereignty, Territory and Natural Resources that began in began that Resources Natural and Territory Sovereignty, Popular

Despite the failure of the draft constitutional reform, the March for March the reform, constitutional draft the of failure the Despite

The 2002 March 2002 The

toral scene. toral elec national the from disappeared virtually MBL)

together achieving only 48% of the vote. Three of them (ADN, UCS and UCS (ADN, them of Three vote. the of 48% only achieving together

MIR, ADN, UCS and MBL) recorded a clear fall in electoral favouritism, electoral in fall clear a recorded MBL) and UCS ADN, MIR,

cast in the country. In contrast, the traditional political parties (MNR, parties political traditional the contrast, In country. the in cast

winners of the electoral debate, gaining more than 27% of the total votes total the of 27% than more gaining debate, electoral the of winners

both movements, it can be seen that the excluded social sectors were the were sectors social excluded the that seen be can it movements, both

Felipe Quispe, also an Aymara. Adding together the votes obtained by obtained votes the together Adding Aymara. an also Quispe, Felipe

Pachakuti Movement ( Movement Pachakuti - MIP), led by led MIP), - Movimiento Indigenista Pachakuti Pachakuti Indigenista Movimiento

within the peasant farmer movement of the the of movement farmer peasant the within , the Indigenist the , altiplano

social sectors linked to the coca leader but also the indigenous trend indigenous the also but leader coca the to linked sectors social

The results of the elections of 30 June 2002 favoured not only the only not favoured 2002 June 30 of elections the of results The

sion of the excluded in the elections. the in excluded the of sion

what led a large part of the Bolivian population to opt for the inclu- the for opt to population Bolivian the of part large a led what

for an opening up of the political system and structural change, is change, structural and system political the of up opening an for

corruption, which led to a growing social awareness around the need the around awareness social growing a to led which corruption,

But, in general, the utter discontent with government policies and policies government with discontent utter the general, in But,

had the effect of giving it its final recognition. final its it giving of effect the had

growth of the MAS was already a fact, the Ambassador the fact, a already was MAS the of growth s declarations s ’ should the coca sector return to parliament. Although the electoral the Although parliament. to return sector coca the should

On their way to La Paz - 2002. Photo: APCOB, Bolivia

•

• •

• 147

• 148 levels of coordination with the current political system. The fact that fact The system. political current the with coordination of levels • •

• and even their ideological outlook but also due to their different their to due also but outlook ideological their even and •

•

contradictory, not only due to their regional and cultural differences cultural and regional their to due only not contradictory, •

•

to coordinate different sectors that had traditionally been seen as seen been traditionally had that sectors different coordinate to •

ence point for the social movement, due to the fact that it managed it that fact the to due movement, social the for point ence

But most important was the fact that the march became a refer- a became march the that fact the was important most But

political and social discussion. social and political

to publicly state their positions, placing the issue on the agenda for agenda the on issue the placing positions, their state publicly to

until then as an issue for experts only, and forced the political parties political the forced and only, experts for issue an as then until

of constitutional reform into the national debate, an issue considered issue an debate, national the into reform constitutional of

. In addition, they managed to get the issue the get to managed they addition, In . ” package agrarian “ the as

delegitimization of the measures announced by the government, government, the by announced measures the of delegitimization known

filing of the draft law in support of sustainable development and the and development sustainable of support in law draft the of filing

This mobilisation certainly made some achievements, notably the notably achievements, some made certainly mobilisation This

by a joint commission of parties, government and organisations. and government parties, of commission joint a by

National Constituent Assembly and that the draft law should be agreed be should law draft the that and Assembly Constituent National

requiring that a constitutional reform should include a participatory a include should reform constitutional a that requiring

The organisations involved in the march signed a new agreement new a signed march the in involved organisations The

thing relating to a Constituent Assembly. Constituent a to relating thing

which they accepted the constitutional reform without including any- including without reform constitutional the accepted they which

the summit had signed an agreement with the majority parties by parties majority the with agreement an signed had summit the

before the elections. By this time, the leaders that had participated in participated had that leaders the time, this By elections. the before

and together they arrived at the seat of government 10 days 10 government of seat the at arrived they together and Altiplano

The march that started in Santa Cruz met up with those from the from those with up met Cruz Santa in started that march The

and with pro-government indigenous leaders was held. was leaders indigenous pro-government with and

where the announced summit of political parties with this movement this with parties political of summit announced the where

then top leader, signed a sectoral agreement and went to La Paz, La to went and agreement sectoral a signed leader, top then

- MST), headed by its by headed MST), - ( Movement Landless Movimiento de los Sin Tierra Sin los de Movimiento

failed, the march moved on from Cochabamba but a faction of the of faction a but Cochabamba from on moved march the failed,

mit to analyse the issue of constitutional reform. When this attempt this When reform. constitutional of issue the analyse to mit

the government on land demands and on organising a political sum- political a organising on and demands land on government the

during which time there was an attempt to reach an agreement with agreement an reach to attempt an was there time which during

Santa Cruz reached Cochabamba where it stayed several days, and days, several stayed it where Cochabamba reached Cruz Santa

After more than 20 days on the road, the march that started in started that march the road, the on days 20 than more After

from parliament via the ballot box. ballot the via parliament from

as it was a question of reversing the arrogant expulsion of their leader their of expulsion arrogant the reversing of question a was it as

enough reasons to concentrate on gaining the vote of excluded sectors, excluded of vote the gaining on concentrate to reasons enough

electoral proposal, what is clear is that for them there were more than more were there them for that is clear is what proposal, electoral

demonstration. Whether for or against the demonstration or their or demonstration the against or for Whether demonstration.

coca growers coca sector chose the electoral path instead of joining the joining of instead path electoral the chose sector ’

agreement in terms of the exclusion to which they were victim, the victim, were they which to exclusion the of terms in agreement condemned by this (then) minority party. In spite of many points of points many of spite In party. minority (then) this by condemned peasant farmers, indigenous and natives of the high and lowlands, came together to fight for common goals shows that not only is it a country in which differences remain possible but that there is an awareness that brings people together in the search for structural change.

The Constitutional Reform

Although damaged by the electoral results, the dominant parties soon reacted in the face of the new scenario imposed by the ballot box and, once free from the pressure exerted by the march and the electoral debate, got down to the task of gaining a consensus for a coalition government with the Constitutional Reform bill. Even before he was elected president, and despite the fact that the elections of 30 June sent an explicit message that future government should be based on an agreement between the state and civil society, Gonzalo Sánchez de Lozada managed to force through approval of a reform bill that did not encompass the demands of the people. On the contrary, the reforms closed the circle of power within the “par- tidocratic” system yet more and included regulations on natural resource management that were in open contradiction with the repeated demand of indigenous and peasant farmers for greater national control over these and other strategic sectors of the economy. But most reprehensible was the fact that the reform bill provided that decisions over the exercise of public powers and other issues of great national significance would be approved by a simple majority of members of the legislative chambers. With this, the government coalition, which has this majority, would guarantee the exclusion of the recently elected indigenous-peasant farmer group and of the other members of the opposition, showing their determination to remain in political control of the country. This reform has yet to be ratified, precisely because the government coalition does not have the two-thirds of votes required for its final approval.

New government and old exclusions3

•

Once in office, President Sánchez de Lozada called for a “social truce” of •

•

90 days in which to present his anti-crisis programme, a deadline that was • •

• respected by the social organisations and opposition parties. But even •

• 149

• 150 peasant farmers and estate workers. A delegation led by the Ombuds- the by led delegation A workers. estate and farmers peasant • •

• est. After only two weeks, 4 people had been murdered, among them among murdered, been had people 4 weeks, two only After est. •

•

unable to intervene, leaving it virtually open to the rule of the strong- the of rule the to open virtually it leaving intervene, to unable •

•

event sparked off a tense situation in the area, in which the state was state the which in area, the in situation tense a off sparked event •

ing community, and other farmers were reported disappeared. The disappeared. reported were farmers other and community, ing

n, a peasant farmer from a neighbour- a from farmer peasant a n, í Jald Luciano killed they action,

mobilised hooded and armed people to evict the farmers. During the During farmers. the evict to people armed and hooded mobilised

also in conflict over the land of a peasant union, organised and organised union, peasant a of land the over conflict in also

At daybreak on Monday 18 November, en Yapacan en November, 18 Monday on daybreak At , an owner an , í

authority prepared to appropriate their lands. their appropriate to prepared authority

action, the peasants were detained and kidnapped, while the ex- the while kidnapped, and detained were peasants the action,

order to pressure for the arrival of the authorities. Because of this of Because authorities. the of arrival the for pressure to order

munity, held four of the policemen who participated in the action in action the in participated who policemen the of four held munity,

support. The peasants, who had withdrawn to a neighbouring com- neighbouring a to withdrawn had who peasants, The support.

and burning of houses and crops, which was carried out with police with out carried was which crops, and houses of burning and

of the Nueva Jerusalem farming settlement, ordered the destruction the ordered settlement, farming Jerusalem Nueva the of

prefect of the Sara Province (Santa Cruz), who is disputing the lands the disputing is who Cruz), (Santa Province Sara the of prefect

farmer organisations of Santa Cruz, on 14 November the ex sub- ex the November 14 on Cruz, Santa of organisations farmer

from the indigenous and peasant and indigenous the from é communiqu a to According

part of peasant farmers, caused the conflicts to resurface in November. in resurface to conflicts the caused farmers, peasant of part

is producing such poor results, and the constant demand for land on the on land for demand constant the and results, poor such producing is

The complaints over serious irregularities in the agrarian process, which process, agrarian the in irregularities serious over complaints The

Violence over land over Violence

ernments.

ments to provide land to their communities, signed by previous gov- previous by signed communities, their to land provide to ments

and peasant farmers were demanding fulfilment of numerous agree- numerous of fulfilment demanding were farmers peasant and

including legal security of land tenure. For their part, the indigenous the part, their For tenure. land of security legal including

business was demanding measures for the revival of their sector, their of revival the for measures demanding was business

conditions for the production of a study on legal consumption. Agri- consumption. legal on study a of production the for conditions

ers demanded a pause in the eradication and together defined the defined together and eradication the in pause a demanded ers

began to demand measures that were not forthcoming. The coca grow- coca The forthcoming. not were that measures demand to began

had expired, the social sectors social the expired, had ” truce social “ of period the Once

because the US was not in agreement. in not was US the because

consumption of the leaves. The announcement was rapidly retracted, rapidly was announcement The leaves. the of consumption

the coca crop eradication, pending the results of a new study on legal on study new a of results the pending eradication, crop coca the

To deactivate the discontent, the government announced a pause in pause a announced government the discontent, the deactivate To

which had to be reversed due to the fierce reaction they provoked. they reaction fierce the to due reversed be to had which

and devastating to the national economy, began to emerge, a number of number a emerge, to began economy, national the to devastating and before the expiry of this period, economic shock measures, anti-popular measures, shock economic period, this of expiry the before man that visited the area verified the presence of camps of armed persons and the use of instruments of torture.

The Mojeño indigenous territory

The violence then moved on to the Mojos plains, in the Department of Beni. During the night of 24 November, a cattle rancher affected by the process of titling of the Multi-ethnic Indigenous Territory (TIM) physically assaulted the communicator from the Peasant Research and Promotion Centre (Centro de Investigación y Promoción del Cam- pesino - CIPCA), an indigenous support institution, and the parish priest of San Ignacio de Mojos, Enrique Jordá. This action was preceded by the visit of a Multi-sectoral Commission to San Ignacio de Mojos to verify complaints made by the indigenous regarding irregularities in the process of titling of their lands, partiality on the part of the agrarian, administrative and judicial authorities in favour of the cattle ranchers, and the involvement of armed individuals in field inspections, terrifying and threatening community members and leaders. The last straw for the indigenous communities, and that which led them to make complaints to the seat of government, was the decision of an agrarian judge who, at the request of a cattle rancher, ordered the eviction of the Mercedes del Apere community, which had been settled in the Mojeño indigenous territory for more than 60 years. In the days following the commission’s visit, the press and television published special reports on the situation in Mojos. This unleashed the fury of the cattle ranchers, who decided to ask the authorities for the expulsion of CIPCA, giving them 72 hours to leave the building, and commencing legal action against the journalists. Then came the physical assault on the Mojos parish priest and CIPCA worker and, in the following days, intimidation of other employees of this organisation.4 The processes of titling the territories claimed by the indigenous peoples in the region are extremely delayed. The Mult-ethnic Indig- enous Territory was recognised in 1990, covering an area of 352,000 has, and the Mojeño Ignaciano Indigenous Territory (TIMI) was requested by the communities in 1998, covering an area of 98,388

has. To date, the processes for the regularisation and consolidation

of these indigenous territories have made no progress. In both proc- •

•

esses, INRA irregularities and pressure from the cattle ranchers •

•

have been a constant and, in response to complaints, death threats • •

• have been made against various community leaders and members. •

• 151

• 152 of indigenous leaders and their support professionals. support their and leaders indigenous of • •

• not only for the titling of the territory but also for the life and integrity and life the for also but territory the of titling the for only not •

•

legal procedures. One illegal property has become the greatest threat greatest the become has property illegal One procedures. legal •

•

priate, is still required. But its titling is not only dependent upon dependent only not is titling its But required. still is priate, •

sequent intervention of the National Agrarian Court, where appro- where Court, Agrarian National the of intervention sequent

enous territory, as the issuing of the final resolutions, and the sub- the and resolutions, final the of issuing the as territory, enous

The above, however, is no guarantee for the titling of this indig- this of titling the for guarantee no is however, above, The

thorities, none were present. were none thorities,

the communities requested the protection of the government au- government the of protection the requested communities the

rumours of the presence of armed groups. In spite of the fact that fact the of spite In groups. armed of presence the of rumours

n on Sunday 24 November, amid great tension and tension great amid November, 24 Sunday on n ó Concepci of

and the results of the process were presented in the municipality the in presented were process the of results the and

s decision being reversed being decision s ’ INRA in resulted media, the in publicised

protests and the land conflict scandal, widely scandal, conflict land the and protests ’ organisations The

territory.

posed cattle ranchers who should have been evicted from this from evicted been have should who ranchers cattle posed

reforms, which would change the situation of more than 70 sup- 70 than more of situation the change would which reforms,

place with the aim of awaiting the adoption of the announced the of adoption the awaiting of aim the with place

was then that the suspension of the Monte Verde process took process Verde Monte the of suspension the that then was

chers and estate owners who were disputing indigenous lands. It lands. indigenous disputing were who owners estate and chers

and implement other measures favouring illegal settlers, cattle ran- cattle settlers, illegal favouring measures other implement and

to acquire or maintain agrarian property, increase the animal load animal the increase property, agrarian maintain or acquire to

current regulations, which would eliminate work as a requirement a as work eliminate would which regulations, current

and the government announced the Land Plan with reforms of the of reforms with Plan Land the announced government the and

had become public knowledge, public become had í Yapacan in clashes the then, By

in law for titling had expired. had titling for law in

should be suspended once and for all, arguing that the time given time the that arguing all, for and once suspended be should

process of regularisation of agrarian rights over indigenous lands indigenous over rights agrarian of regularisation of process

CRUZ) carried out a symbolic closure of INRA, demanding that the that demanding INRA, of closure symbolic a out carried CRUZ)

ers of Santa Cruz ( Cruz Santa of ers - FEGASA- - n de Ganaderos de Santa Cruz Santa de Ganaderos de n ó Federaci

During the same period of time, the Federation of Cattle Ranch- Cattle of Federation the time, of period same the During

had requested this of the government. the of this requested had breeders stock and farmers

the National Director of this institution, on the pretext that the that pretext the on institution, this of Director National the

to publish these results, this action was unilaterally suspended by suspended unilaterally was action this results, these publish to

claimed by third parties. Days prior to the date on which INRA was INRA which on date the to prior Days parties. third by claimed

and publicise the results of the process in relation to the plots the to relation in process the of results the publicise and

was to rectify errors made in the implementation of previous stages previous of implementation the in made errors rectify to was

Constitutional Court, commenced once more in March 2002. INRA 2002. March in more once commenced Court, Constitutional

two years awaiting decisions of the National Agrarian Court Court Agrarian National the of decisions awaiting years two and the and

The process of titling the Monte Verde territory, suspended for almost for suspended territory, Verde Monte the titling of process The The Monte Verde indigenous territory indigenous Verde Monte The The La Unidad cooperative, a fraudulently obtained property of 15,000 has, has been the focus of the fiercest conflicts over the last two years, during which it has illegally cleared around 800 has of forest in the Monte Verde territory. To avoid the continuing destruction of the forest and violation of their territory, the communities re-established community controls over access to third parties and it was then that the violent actions began in September 2001, including the kidnapping and attempted murder of the lawyer ad- vising the communities. At the time these events took place, officials of the Forestry Superintendence who were attempting to inspect illegal levelling were threatened at gun point to leave the area. In December, the communities again denounced the presence of armed individuals and, recalling the cases of Pananti and Ya- pacaní, demanded that the authorities establish measures to avoid bloodshed on their territory. But, to date, nothing has been done. A recent report from the Agrarian Superintendence, responsible for monitoring land use, verifies the presence of armed men preventing access on the part of its officials to the land claimed by the La Unidad cooperative.

Meeting for Land and Territory

The land conflicts have affected virtually all indigenous territories, particularly those in which the claimant organisations are exerting greater control over the process being implemented by INRA. During 2002, 439,000 has were titled to three Native Community Lands (Tie- rras Comunitarias de Origen - TCO) in the Department of Beni, which brings the total amount of lands titled to indigenous peoples to 2,500,000 has. But it must be noted that, as on other occasions, areas claimed by the indigenous continue to be unjustifiably reduced. In the case of the Movima people, for example, less than 6,000 has were titled to them. With regard to peasant farmers, those most affected by the violence, the first communal property was finally titled in 2002, covering an area of 268 has for 36 families in the Department of Santa Cruz. In the first days of December 2002, the peasant, indigenous, wo-

men, settlers and landless peasant organisations and the ayllus of the

Altiplano held a Meeting for Land and Territory. At this event, they •

•

analysed the government’s “Land Plan” in relation to the problems •

•

of their communities, observing that it was aimed at benefiting unpro- • •

• ductive estates and lands fraudulently acquired, and at continuing to •

• 153

• 154 elderly people being forcibly transported were killed. The scandal The killed. were transported forcibly being people elderly • •

• technical faults and caused a road traffic accident in which 7 of the of 7 which in accident traffic road a caused and faults technical •

•

buses, contracted from a friend of the Minister of the Presidency, had Presidency, the of Minister the of friend a from contracted buses, •

•

lently forced onto buses to return to their places of origin. One of the of One origin. of places their to return to buses onto forced lently •

of repression of their peaceful protest. The demonstrators were vio- were demonstrators The protest. peaceful their of repression of

ernment measure but the response they received was initially also one also initially was received they response the but measure ernment

erly people began a demonstration to demand a reversal of the gov- the of reversal a demand to demonstration a began people erly

but beginning with the income received by retired people. These eld- These people. retired by received income the with beginning but

of the economy, the of ’ dedollarisation ‘ the at aimed time this measure, other

Before the blockades commenced, the government launched an- launched government the commenced, blockades the Before

seven thematic committees which, to date, have produced no results. no produced have date, to which, committees thematic seven

around 200 arrests, the government agreed to dialogue by means of means by dialogue to agreed government the arrests, 200 around

s troops). After 13 deaths, 60 people wounded and wounded people 60 deaths, 13 After troops). s ’ country the of 50%

police and army forces, mobilising more than 22,000 people (almost people 22,000 than more mobilising forces, army and police

The response was the militarization of the country with combined with country the of militarization the was response The

block began on 13 January 2003. January 13 on began block

were not representative to deal with the issues proposed, and a road- a and proposed, issues the with deal to representative not were

government refused to dialogue, considering that the spokespeople the that considering dialogue, to refused government

measures for economic reactivation and the national budget. The budget. national the and reactivation economic for measures

integration of Bolivia in the Free Trade Area of the Americas (FTAA), Americas the of Area Trade Free the in Bolivia of integration

coca and land, included national issues such as the sale of gas, of sale the as such issues national included land, and coca

form of demands to the government which, in addition to issues of issues to addition in which, government the to demands of form

farmer organisations, headed by Deputy Morales, announced a plat- a announced Morales, Deputy by headed organisations, farmer

In the early days of the year, the coca growing sector and peasant and sector growing coca the year, the of days early the In

2003: more clashes and violence and clashes more 2003:

would maintain their coordination to initiate new methods of pressure. of methods new initiate to coordination their maintain would

landowners in various parts of the country and announced that they that announced and country the of parts various in landowners

state dismantle the armed groups that were acting on behalf of the of behalf on acting were that groups armed the dismantle state

Agrarian Judiciary. In relation to the violence, they demanded that the that demanded they violence, the to relation In Judiciary. Agrarian

legitimacy and credibility, and also asking for the restructuring of the of restructuring the for asking also and credibility, and legitimacy

beginning with the dismissal of its National Director through lack of lack through Director National its of dismissal the with beginning

Reform Service. They repeated their demand to re-institutionalise INRA, re-institutionalise to demand their repeated They Service. Reform

to replace the current Law on the National Agrarian National the on Law current the replace to ” Territory and

by the government and demanded the approval of a a of approval the demanded and government the by Law on Land on Law “

expressed their opposition to the regulatory amendments anticipated amendments regulatory the to opposition their expressed

In a manifesto published at the end of the event, the organisations the event, the of end the at published manifesto a In

farmers.

years been promising would be given to indigenous and peasant and indigenous to given be would promising been years grant forestry concessions over lands the government had for several for had government the lands over concessions forestry grant forced the government to allow the march to reach La Paz and, once there, to initiate a dialogue to resolve their demands. But still with no resolution of these conflicts, which had left 20 dead, the President announced the application of an income tax of 12.5 % from a level of 880 BOB. (US$ 116.40) arguing the need to reduce the fiscal deficit. The reaction from all social and economic sectors was immediate, as this measure would affect the already fragile economy of the workers and would deepen the country’s economic crisis. The injustice of the measure became all the more clear when the Minister for Sustainable Development himself admitted, in front of all the media, that the ministers and vice-ministers would continue to receive their lucrative emoluments, increased by an extra tax exemp- tion, paid to them out of a “secret expenditure” account. The Bolivian Workers Union (Central Obrera Boliviana) called a protest march on 12 February in La Paz and the police decided to mutiny nationally against the “impuestazo” or tax hike, in turn renewing an old demand for salary increases. The government ordered the suppression of the police mutiny by army personnel, unleashing a clash between uniformed groups right in the middle of the Plaza Murillo and virtually at the doors of the government buildings. The result was 16 dead and 125 wounded, including police, soldiers and civilians, and a popular reaction that was now out of control. The population took to the streets and various public administration buildings were burnt. The headquarters of the political parties in the current government coalition suffered the same fate, along with that of the main party of the previous government. Shopping centres, banks, tollbooths, patrol posts and some businesses (the Cervecería Boliviana Nacional and Aguas del Illimani) were also looted. The city of La Paz was militarized. The air force flew low overhead, tanks and armoured cars patrolled the streets and avenues and took the Plaza Murillo, repeating scenes from dictatorial times. Dozens of snipers posted at strategic points fired at close range. On Thursday 13 February, mass rallies took place in all of the country’s towns. In La Paz, El Alto, Cochabamba, Oruro and Santa Cruz, the burning and looting of buildings, warehouses and political party headquarters continued. The balance of the second day was 17

dead and 48 wounded.

In all these demonstrations (roadblocks, march of the elderly and •

•

the police mutiny), the government publicly maintained that it would •

•

not negotiate under pressure. But the reality is that it only dialogues • •

• under pressure and after many deaths. Just one example of this is that •

• 155 • 156 • • • • • •

•

). ( . 5 op.cit. CEJIS. 2003 CEJIS.

. CIPCA, November 2002. November CIPCA, . ” Mojos en n ó situaci la sobre

Ayuda memoria Ayuda “ document unpublished from obtained Information 4

No. 12. CEJIS, Santa Cruz, March 2003. March Cruz, Santa CEJIS, 12. No. culo Primero culo í Art Revista

3 In Realidad y Trasfondo de los Conflictos los de Trasfondo y Realidad – Bolivia “ 2003. CEJIS. . . ”

September 2002. September

No. 11. CEJIS, Santa Cruz, Santa CEJIS, 11. No. In . ” cosas de estado culo Primero, culo í Art Revista

tico y Reformas a la Constituci la a Reformas y tico í Pol gimen é R n. Retrospectiva sobre el sobre Retrospectiva n. ó

2 Movimiento Social, Movimiento “ . Romero B., Carlos y Betancur, Ana Cecilia. 2002 Cecilia. Ana Betancur, y Carlos B., Romero

No. 11. CEJIS, Santa Cruz, September 2002. September Cruz, Santa CEJIS, 11. No. See 1 culo Primero culo í Art Revista ,

Notes

no more than a demagogic exercise. demagogic a than more no ❑

its approval by the group of coalition parties, leaving the dialogue as dialogue the leaving parties, coalition of group the by approval its

, the government presented the draft budget to parliament for parliament to budget draft the presented government the , ’ logued

social sectors who mobilised in January. Whilst the Committee Committee the Whilst January. in mobilised who sectors social dia- ‘

issues to be discussed by the Dialogue Committees formed with the with formed Committees Dialogue the by discussed be to issues the national budget, which established the income tax, was one of the of one was tax, income the established which budget, national the BRAZIL

2002 was a noteworthy year for Brazil in terms of the presidential elections. On 27 October, the union leader, Luís Inácio Lula da Silva, from the Workers’ Party, was elected President of the Republic by a huge majority. The new president, of humble origin, has a long history of defending sectors excluded from Brazilian society and his election offers new prospects for progress in Brazil’s social achievements, including for indigenous peoples. The Coordinating Body of Indigenous Organisations of the Brazil- ian Amazon, COIAB, the most active indigenous organisation in the country, provided input into the elections, the transition period and the establishment of the new government. Their actions signify a strengthening of indigenous participation in the Brazilian political process, based on the observation that government actions at municipal, state and federal level have an impact on indigenous interests, and they are also a way of making indigenous desires known to the political parties and Brazilian society as a whole. In the pre-electoral phase, COIAB presented a document with its proposals to the presidential candidates, highlighting the importance of protecting the country’s socio-cultural diversity. The document was presented to Lula on 23 August, in Manaus. In summary, indigenous peoples were demanding the approval of a new Statute for Indigenous Peoples, the demarcation of indigenous lands, their indigenous control and the withdrawal of non-indigenous inhabitants. They also wanted special public policies in areas of education, health and sustainable economic development, protection of biodiversity resources and traditional knowledge, the participation of indigenous people in bodies dealing with their rights and interests, and particular care in the protection of the rights of indigenous women. On receiving COIAB’s proposals, Lula commented that they already formed part of his government programme and he made a commitment to implement them in order to advance the rights of indigenous peoples in Brazil. President Lula took office in January 2003 and reiterated his commitment to address the demands of indigenous peoples.

Lula will need to fulfil his political programme presented during

the electoral campaign and maintain direct dialogue with the indig- •

•

enous communities in order to guarantee them protection of their •

•

rights and interests. Considering that the new government has only • •

• recently taken office, it is not yet possible to evaluate its policies. •

• 157

• 158 harmony with each other, the border strip envisages the traditional occu- traditional the envisages strip border the other, each with harmony • •

• conflict between its regulations and considers that its principles are in are principles its that considers and regulations its between conflict •

•

national territorial defence. As the Federal Constitution permits no internal no permits Constitution Federal the As defence. territorial national •

•

The Constitution also establishes that border areas will be devoted to devoted be will areas border that establishes also Constitution The •

tion of indigenous peoples can be established. be can peoples indigenous of tion

This right applies to any area of Brazil where the traditional occupa- traditional the where Brazil of area any to applies right This

to ownership and use of the lands traditionally occupied by them. by occupied traditionally lands the of use and ownership to

The Brazilian Constitution guarantees indigenous peoples the right the peoples indigenous guarantees Constitution Brazilian The

The military and indigenous lands indigenous and military The

people, to run the new Department. new the run to people, í Bakair the from Tanhuare,

Rosimere Maria Vieira Teles, from the Harapazo people, and D and people, Harapazo the from Teles, Vieira Maria Rosimere bora é

s Department. The participants elected participants The Department. s ’ Women Indigenous s ’ COIAB

their involvement in the indigenous movement and the creation of creation the and movement indigenous the in involvement their

women in their communities, their special rights, the relevance of relevance the rights, special their communities, their in women

The aim of the meeting was to discuss the situation of indigenous of situation the discuss to was meeting the of aim The

pi, Wapichana, Xavante, Xerente and Xocleng peoples. Xocleng and Xerente Xavante, Wapichana, pi, ã Wai

, Wanano, Waiana, Wanano, , é Maw é Sater Tukano, Ticuna, -Kaxuyana, ó Tiri

Macuxi, Mayoruna, Mura, Poyanawa, Pira-Tapuia, Tariano, Terena, Tariano, Pira-Tapuia, Poyanawa, Mura, Mayoruna, Macuxi,

, á Karaj Guarani, Guajajara, o, ã Gavi Dessana, , é Bar Baniwa, , í Bakair

part, representing 20 organisations of the Apalai, Apurin Apalai, the of organisations 20 representing part, , Arapasso, , ã

opment Cooperation Agency, NORAD. More than 70 leaders took leaders 70 than More NORAD. Agency, Cooperation opment

27 to 29 June with the support of COIAB and the Norwegian Devel- Norwegian the and COIAB of support the with June 29 to 27

The First Meeting of Indigenous Women of the Amazon was held from held was Amazon the of Women Indigenous of Meeting First The

Meeting of indigenous women indigenous of Meeting

In addition, the following activities can be mentioned: be can activities following the addition, In

with protection of their lands, environment and culture. and environment lands, their of protection with

communities, seeking to guarantee them a better quality of life, along life, of quality better a them guarantee to seeking communities,

projects aimed at the sustainable economic development of indigenous of development economic sustainable the at aimed projects

cation and special attention to indigenous health. It also supported also It health. indigenous to attention special and cation

COIAB also carried out activities aimed at intercultural school edu- school intercultural at aimed activities out carried also COIAB

advisors to support its activities. its support to advisors

administrative restructuring, including the hiring of technicians and technicians of hiring the including restructuring, administrative

In this respect, COIAB gave priority to concluding the process of process the concluding to priority gave COIAB respect, this In

institutional strengthening for itself and its grassroots organisations. grassroots its and itself for strengthening institutional

with all its other areas of work. Seminars and courses were held on held were courses and Seminars work. of areas other its all with In addition to involvement in the electoral process, COIAB continued COIAB process, electoral the in involvement to addition In 3 2

1 4

1. Cinta larga 3. Macuxi 5. Guaraní 7. Guajajara 2. Yanomami 4. Xavante 6. Ticuna pation of indigenous peoples and also serves for the country’s defence. The Federation of Indigenous Organisations of Río Negro, FOIRN, acting together with various indigenous communities affected by the presence of barracks on their lands, requested the intervention of the National Council for Combating Discrimination, the CNDC, to re-

solve the conflicts between Indians and soldiers. FOIRN feels there is

a need to create a specific instrument to govern relations between •

•

indigenous and the military in lands located in the border area. •

•

Together with FOIRN and COIAB, the CNDC initiated a discus- • •

• sion process between indigenous peoples and the military in order to •

• 159

• 160 Armed Forces, indigenous organisations and support institutions. support and organisations indigenous Forces, Armed • •

• inter-ministerial Working Group, made up of representatives of the of representatives of up made Group, Working inter-ministerial •

•

agreed to submit a proposal to President Lula for the creation of an of creation the for Lula President to proposal a submit to agreed •

•

At the end of the meeting, the National Secretary for Human Rights Human for Secretary National the meeting, the of end the At •

of Uiramuta, located in the Raposa de Sol territory in Roraima. in territory Sol de Raposa the in located Uiramuta, of

the armed forces and the construction of a military base in the hamlet the in base military a of construction the and forces armed the

rights violations in indigenous communities committed by members of members by committed communities indigenous in violations rights

tween soldiers and indigenous women, impunity in cases of human of cases in impunity women, indigenous and soldiers tween

establishment of military barracks on indigenous lands, relations be- relations lands, indigenous on barracks military of establishment

Among other things, the organisations declared themselves against the against themselves declared organisations the things, other Among

of the military in indigenous lands located in the border area. border the in located lands indigenous in military the of

liberate and propose measures and criteria to regulate the presence the regulate to criteria and measures propose and liberate

7. Creation of a Permanent Inter-institutional Forum to evaluate, de- evaluate, to Forum Inter-institutional Permanent a of Creation 7.

of the Armed Forces and Federal Police on indigenous lands. indigenous on Police Federal and Forces Armed the of

6. Repeal of Decree 4412 of 7 October 2002, which governs the actions the governs which 2002, October 7 of 4412 Decree of Repeal 6.

directly with indigenous communities. indigenous with directly

5. Specific selection and preparation of officers who will be working be will who officers of preparation and selection Specific 5.

soldiers directly working in indigenous lands. indigenous in working directly soldiers

of the rights of indigenous peoples in the training programme for programme training the in peoples indigenous of rights the of

4. The inclusion of specific courses on human rights and the history the and rights human on courses specific of inclusion The 4.

dians, Federal Police, Ministry of the Environment, etc.). Environment, the of Ministry Police, Federal dians,

digenous rights (Ministry of Justice, National Foundation for In- for Foundation National Justice, of (Ministry rights digenous

the communities and public bodies responsible for protecting in- protecting for responsible bodies public and communities the

natural resources and biodiversity, provided this is requested by requested is this provided biodiversity, and resources natural

3. Support to actions for the protection of indigenous lands and their and lands indigenous of protection the for actions to Support 3.

sovereignty and the national territory. national the and sovereignty

indigenous peoples as historically important in the protection of protection the in important historically as peoples indigenous

new concept of protection of the border area and promotion of promotion and area border the of protection of concept new

2. Relations with indigenous peoples based on dialogue, within a within dialogue, on based peoples indigenous with Relations 2.

and respect for the particular rights of indigenous peoples. indigenous of rights particular the for respect and

1. Recognition of Brazil as a multi-ethnic and pluricultural country pluricultural and multi-ethnic a as Brazil of Recognition 1.

, in which they demanded: they which in , ” Forces Armed zilian

logue and new relations between the indigenous peoples and the Bra- the and peoples indigenous the between relations new and logue

digenous organisations presented a document entitled, entitled, document a presented organisations digenous Bases for dia- for Bases “

CNDC, along with other government institutions and NGOs. The in- The NGOs. and institutions government other with along CNDC,

CIT , the Amazonian Military Command and the and Command Military Amazonian the , APIO and CUNPIR ,

7 6 5

with the participation of FOIRN, CIVAJA FOIRN, of participation the with , CGTT , , FOC- , APIRR , CIR ,

1 4 3 2

On 17 and 18 February 2003, a meeting was held in COIAB in held was meeting a 2003, February 18 and 17 On s offices s ’

other indigenous organisations working in the border regions. border the in working organisations indigenous other resolve the conflicts. Various meetings were held, which included which held, were meetings Various conflicts. the resolve Raposa Serra do Sol

The Indigenous Raposa Serra do Sol Land, located in Roraima state and inhabited by Makuxi, Ingarikó, Wapichana, Taurepang and Pa- tomana peoples, has an estimated population of 15,000 indigenous, divided into 157 communities. The process of demarcation of these lands should have been concluded in 1998 but this was not possible due to a failure on the part of the federal government. The delay in concluding the demarcation process has been causing various human rights violations in indigenous communities. The report of the Indigenous Council of Roraima, CIR, on crimes against indigenous peoples during the period 1981 to 1999 notes 20 murders, 21 attempted murders, 51 cases of physical aggression and 54 death threats against indigenous people. The communities continue to face serious conflicts, such as the establishment of the Municipality of Uiramuta in January 1996, within the community of the same name. The municipality, which arose on the basis of a garimpeiro (prospectors’) population, was formed with the support of the state government and, since then, conflicts have intensified between indigenous and non-indigenous people. In 2001, the Ministry of Defence established a border squad in this same community, creating further conflict between indigenous and the military. In this context of violence against indigenous communities, the indigenous Macuxi, Aldo da Silva Mota, was murdered in the first week of January 2003. According to the CIR, the event took place in the Retiro Estate, occupied by a land invader known as Chico Tripa, a councillor from the Municipality of Uiramuta. The indigenous communities are infuriated at all these events and demand that the federal government conclude the process of demarcation of Raposa Serra do Sol as it only requires the signing of the decree ratifying it on the part of the President of the Republic.

Cinta-larga People

The indigenous Cinta-larga people live on the lands of the Aripuanã Park, Serra Morena and Aripuanã, in Rondônia and Mato Grosso

states, covering a total area of approximately 2.7 million has. The total

Cinta-larga population is 1,200 people, grouped into 33 hamlets. •

•

The Cinta-larga had their first contact with national society during •

•

the 1960s and since then, numerous invasions of their lands have • •

• taken place on the part of loggers and garimpeiros (golddiggers). •

• 161 • 162 • • • • • •

•

Instituto Socioambiental: www.socioambiental.org Socioambiental: Instituto •

CIR: www.cir.org.br CIR: – gena de Roraima de gena í Ind Conselho

www.coiab.com.br

nia brasileira: nia ô Amaz da genas í Ind es çõ Organiza das o çã Coordena

Web pages Web

the OAS, February 2003. February OAS, the

enous leaders to the Inter-American Commission on Human Rights of Rights Human on Commission Inter-American the to leaders enous

Document presented by Brazilian indig- Brazilian by presented Document “ OEA. da Humanos Derechos

n Americana sobre Americana n ó Convenci la a violaciones Brasil: en genas í Ind Pueblos “

7 genas do Oiapoque do genas í Ind Povos dos o çã Associa

6 nia ô Rond de genas í Ind Povos e es çõ Na das o ã Uni da o çã Coordena

Ticuna

5 genas da Tribo da genas í Ind Comunidades e Caciques dos e es çõ Organiza das o çã Federa

4 genas de Roraima de genas í Ind Povos dos o çã Associa

3 gena de Roraima de gena í Ind Conselho

2 Conselho Geral da Tribo Ticuna Tribo da Geral Conselho

1 gena do Vale do Javari do Vale do gena í Ind Conselho

Notes and sources and Notes

to improve the health and quality of life of the indigenous people. indigenous the of life of quality and health the improve to ❑

mes for the protection of these lands and to carry out special actions special out carry to and lands these of protection the for mes

still a need for the public authorities to provide permanent program- permanent provide to authorities public the for need a still

achieved the removal of the the of removal the achieved from their lands. But there is there But lands. their from garimpeiros

donia state, and with the support of the Federal Police and FUNAI, and Police Federal the of support the with and state, donia

The Cinta-larga, together with other indigenous peoples of Ron- of peoples indigenous other with together Cinta-larga, The

cates the likely future for this indigenous people. indigenous this for future likely the cates

tion were quite simply decimated. This is a figure that clearly indi- clearly that figure a is This decimated. simply quite were tion

enous health, in 2002 approximately 3.5% of the Cinta-larga popula- Cinta-larga the of 3.5% approximately 2002 in health, enous

in demographic terms. Due to the impact of the invasions on indig- on invasions the of impact the to Due terms. demographic in

currently the only indigenous people whose population is decreasing is population whose people indigenous only the currently

of the gravity of the diamond extraction system. The Cinta-larga are Cinta-larga The system. extraction diamond the of gravity the of

The health situation of the Cinta-larga is an important indicator important an is Cinta-larga the of situation health The

involving countries such as Israel, Belgium and Canada. and Belgium Israel, as such countries involving

in and smuggling of diamonds originating from the Cinta-larga lands, Cinta-larga the from originating diamonds of smuggling and in

deposit. There is strong evidence of a large-scale international trade international large-scale a of evidence strong is There deposit.

tensified as a consequence of the discovery of a high value diamond value high a of discovery the of consequence a as tensified

From 2000 onwards, onwards, 2000 From invasions onto Cinta-larga lands in- lands Cinta-larga onto invasions garimpeiro PARAGUAY

2002 resulted in a negative balance yet again in terms of the enjoyment of fundamental rights for the country’s indigenous population, due primarily to the institutional vacuum left by the government’s failure to redesign public policies aimed at the sector on the basis of the accompanying neoliberal agenda. In 2001, it was noted that the initiative to reform Law No. 904/81, published by the Reform Depart- ment of the Presidency of the Republic, was merely a continuation of the national indigenist policy of the last three years: one of denying indigenous peoples their rights by giving them as little attention as possible in terms of funding and policies.

Right to life and health

Various epidemics occurred during the first months of 2002, devastating indigenous communities, mainly in the Chaco, and causing fifteen fatalities in early January through sickness and diarrhoea caused by lack of clean water.1 In the Eastern region, various outbreaks of malaria were recorded, affecting 90% of the indigenous Mbya people in the department of Caazapá and infecting 495 people on just one occasion. According to current data, tuberculosis continues to be an illness that is almost exclusive to the indigenous population. Whilst the national average is 38/100,000, it is 587/100,000 in Boquerón department, 189/100,000 in Presidente Hayes department, and 238/100,000 in Alto Paraguay. In addition, parasitosis, Chagas disease, respiratory illnesses and other illnesses associated with malnutrition continue to permanently affect the country’s indigenous population, particularly the children and elderly. With regard to pulmonary illnesses, 50% of those treated in the specialist Instituto Juan Max Boettner are indigenous. Official measures to alleviate this situation remain largely absent or else ineffective. Such is the case of the Indigenous Roque González Hospital in Santa Cruz which, according to official data, treats an average of 3,000 indigenous people per year, but which acts more like a halfway house.

In general, people who go there are already in a serious state, and yet

the hospital lacks infrastructure (radiography, ecography, surgical •

•

equipment), and it has only two doctors – no paediatricians or other •

•

specialists – and so most patients are referred to other health centres • •

• such as the Instituto Max Boettner, mentioned above. •

• 163

• 164

n department, Chaco. Reports Chaco. department, n ó situated in the area of Filadelfia, Boquer Filadelfia, of area the in situated •

•

• one dead), both dead), one – people í

three dead) and Laguna Negra (Guaran Negra Laguna and dead) three •

• – people é

of attacks against the communities of Uej Lhavos (Nivacl Lhavos Uej of communities the against attacks of •

•

tanic sect, has taken on particular relevance, in the context of a wave a of context the in relevance, particular on taken has sect, tanic •

mysterious circumstances in October, allegedly at the hands of a Sa- a of hands the at allegedly October, in circumstances mysterious

to life during the year, the assassination of four indigenous people in people indigenous four of assassination the year, the during life to

Finally, of the many murders depriving the indigenous of their right their of indigenous the depriving murders many the of Finally,

have been misappropriated. been have

es of public funds public of es í guaran million 30,000 approximately years, three

What is more, an audit of this government revealed that, over the last the over that, revealed government this of audit an more, is What

room or even a toilet in the area, according to complaints from teachers. from complaints to according area, the in toilet a even or room

es for education without having built a single class- single a built having without education for es í guaran million

For its part, the government of Alto Paraguay spent the sum of 550 of sum the spent Paraguay Alto of government the part, its For

munities merely for the purposes of propaganda. of purposes the for merely munities

ers were also made, indicating that Escobar Cattebeke visits some com- some visits Cattebeke Escobar that indicating made, also were ers

Complaints of clientilism and backhand- and clientilism of Complaints ” problems. many enous create create

nor of this department, Eugenio Escobar Cattebeke, was that that was Cattebeke, Escobar Eugenio department, this of nor the indig- the “

further illness. Faced with these complaints, the response of the gover- the of response the complaints, these with Faced illness. further

from the communities that bad milk had been distributed, causing yet causing distributed, been had milk bad that communities the from

we must add that what little assistance was provided led to complaints to led provided was assistance little what that add must we

s intervention to clarify events, for political reasons. To this To reasons. political for events, clarify to intervention s ’ government

has not been recovered. In fact, the Chamber of Deputies prevented the prevented Deputies of Chamber the fact, In recovered. been not has

292,300 ) 292,300 intended for the indigenous population and which, to date, to which, and population indigenous the for intended

es (approx. US$ (approx. es í guaran million 1,900 of embezzlement detected tors

ment, the Comptroller General of the Republic and the Court of Audi- of Court the and Republic the of General Comptroller the ment,

ated in those departments. In the case of the President Hayes govern- Hayes President the of case the In departments. those in ated

that could have helped indigenous communities were misappropri- were communities indigenous helped have could that

sidente Hayes and Alto Paraguay, has meant that significant resources significant that meant has Paraguay, Alto and Hayes sidente

population, the rampant corruption in local government, as in Pre- in as government, local in corruption rampant the population,

health problems and risks to the lives of the country the of lives the to risks and problems health s indigenous s ’

It should lastly be noted in this section that, despite these serious these despite that, section this in noted be lastly should It

the result that 20 indigenous people died. people indigenous 20 that result the

nities through dehydration and gastro-intestinal complications, with complications, gastro-intestinal and dehydration through nities

Chaco, causing new health problems in the vast majority of commu- of majority vast the in problems health new causing Chaco,

lack of rain exacerbated the situation of the indigenous people of the of people indigenous the of situation the exacerbated rain of lack

During the last months of the year, the extreme drought caused by caused drought extreme the year, the of months last the During

the area, with no resources and few medicines. few and resources no with area, the

when it moved on, it left only one nurse to care for the 14 hamlets of hamlets 14 the for care to nurse one only left it on, moved it when

medical team arrived five days after symptoms had been reported and, reported been had symptoms after days five arrived team medical

in insufficient quantities. In the case of the La Patria community, the community, Patria La the of case the In quantities. insufficient in

health centres, particularly in the Chaco, medical aid arrives late or late arrives aid medical Chaco, the in particularly centres, health In terms of treating epidemics, in addition to the lack of hospitals or hospitals of lack the to addition in epidemics, treating of terms In 2 1

3 1 4 1

5 7 6 8 12 9

12 7

10 12

12 11

1. Ayoreo 5. Chorotí 9. Pai-Tavyterá 2. Chamacoco 6. Nivaclé 10. Ava-Chiripá 3. Tapieté 7. Toba 11. Aché 4. Chiriguano 8. Enxet 12. Mbya-Guaraní note that, following a lengthy and suspicious lack of action on the part of the police, the two communities went as far as to form armed defence groups which, after seven days of investigations, apprehended two

suspects. The departmental police inaction led to the dismissal of the

police chief and a complete change of staff, together with the allocation •

•

of a special brigade to protect the indigenous communities. • •

•

• •

• 165

• 166 possibility of a return of their property rights frustrated (Villagra, 2002). (Villagra, frustrated rights property their of return a of possibility • •

• out the whole country, claiming a total of 888,400 has, have had the had have has, 888,400 of total a claiming country, whole the out •

•

tomary rejection of the expropriations, some 90 communities through- communities 90 some expropriations, the of rejection tomary •

•

legislature for payment of indigenous lands, along with its now cus- now its with along lands, indigenous of payment for legislature •

In fact, due to the lack of allocation of resources on the part of the of part the on resources of allocation of lack the to due fact, In

denial of the property rights of various indigenous communities lies. communities indigenous various of rights property the of denial

the legislature, in whose hands primary responsibility for this year this for responsibility primary hands whose in legislature, the s ’

tunately, this and other measures taken by INDI have been rejected by rejected been have INDI by taken measures other and this tunately,

sek (Enxet people). Unfor- people). (Enxet sek á K Xakmok and Sawhoyamaxa Axa, Yakye

whose rights the state has committed itself to before the IACHR, namely IACHR, the before to itself committed has state the rights whose

for lands that need to be returned to the communities, the reparation of reparation the communities, the to returned be to need that lands for

cover not only payments for land it had already agreed to buy but also but buy to agreed already had it land for payments only not cover

es from the legislature so that it could it that so legislature the from es í guaran million 30,000 of funding

Faced with this situation, INDI submitted a request for additional for request a submitted INDI situation, this with Faced

es. í guaran million 3,600 scarcely

represents, the budget allocated to the Institute for the whole year is year whole the for Institute the to allocated budget the represents,

security of indigenous rights that a failure to pay for the lands acquired lands the for pay to failure a that rights indigenous of security

vious years and not yet settled. In spite of this, and the threat to the to threat the and this, of spite In settled. yet not and years vious

for the purchase of lands for indigenous communities bought in pre- in bought communities indigenous for lands of purchase the for

es by way of payment of way by es í guaran million 20,000 of total a owed body this

According to data provided by INDI in early January of this year, this of January early in INDI by provided data to According

communities are without land or in the process of trying to acquire it. acquire to trying of process the in or land without are communities

INDI for the current year notes that 60% of the country the of 60% that notes year current the for INDI s indigenous s ’

and around 828,088 has in the Chaco. In addition, official data from data official addition, In Chaco. the in has 828,088 around and

6, 10 and 20 years ago for restitution of 60,400 has in the Eastern region Eastern the in has 60,400 of restitution for ago years 20 and 10 6,

cates that there are pending claims claims pending are there that cates dating from dating – legality in grounded –

region and 1,200,000 has in the Western region. This report also indi- also report This region. Western the in has 1,200,000 and region

would be necessary to provide around 240,000 has in the Eastern the in has 240,000 around provide to necessary be would

National Indigenous Census 2002, which is still being processed, it processed, being still is which 2002, Census Indigenous National

To cover this minimum, and bearing in mind the estimates of the of estimates the mind in bearing and minimum, this cover To

recognised by the National Constitution and Law No. 234/93). No. Law and Constitution National the by recognised

(an amount in itself out of line with and paltry in relation to that to relation in paltry and with line of out itself in amount (an

lished by Law No. 904/81 of 20 and 100 has per family for each region each for family per has 100 and 20 of 904/81 No. Law by lished

region some 972,256 has, and do not even cover the minimum estab- minimum the cover even not do and has, 972,256 some region

enous in the Eastern region total some 66,356 has and in the Western the in and has 66,356 some total region Eastern the in enous

on Human Rights (Villagra, 2002), the lands guaranteed for the indig- the for guaranteed lands the 2002), (Villagra, Rights Human on

during the 116th Period of Sessions of the Inter-American Commission Inter-American the of Sessions of Period 116th the during

According to a recent study presented by CEJIL and Tierraviva and CEJIL by presented study recent a to According

tion are indigenous rights to ownership and possession of their lands. their of possession and ownership to rights indigenous are tion

Closely linked to validity of the right to life, food, health and educa- and health food, life, to right the of validity to linked Closely Right to property to Right As an example of one of the pending cases mentioned above, the Xa- kmok Kásek community, comprising 55 families and located in the Salazar Estate (Km 340, Transchaco Road) on a plot of less than four hectares, only needed funding to be allocated for purchase of their ancestral lands in order to resolve their claim, given that the owner of the property was willing to sell to INDI in order to transfer it to the community. However, they were frustrated by the refusal of the members of parliament to grant the sum required. In a more conflictual case – in which INDI had to use the path of expropriation, given the refusal of the owners of the indigenous ancestral lands to release them by direct sale – parliament, or more precisely the Senate, refused reparation of the rights of the Yakye Axa community in the middle of the year, despite the fact that this measure formed an international commitment on the part of the state before the IACHR. State corruption in the purchase of overvalued or unclaimed lands is another determining in this situation of denial of the indigenous population’s right to property. Thus, to date, not one guaraní of the millions embezzled from INDI during Valentín Gamarra’s administration have been returned. Quite the contrary, the said Institute has been forced to face a demand for 419,000,000 guaraníes on the part of owners with whom Gamarra agreed the purchase of their lands. Similarly, INDI is facing judicial action from Nery Páez Mauro for damages, due to the failure to pay for lands that are currently considered by the Institute as overvalued and which were acquired during Lenny Pane de Pérez Maricevich’s administration. Lastly, there is the plundering of the habitat of a number of communities who have already had their lands allocated, primarily for illegal exploitation of the forests4 such as the indiscriminate hunting of forest species5 , largely in the Chaco, and also on the part of drugs mafias. Similarly, new conflicts have been noted between third parties invad- ing indigenous lands with the sole aim of logging, in many cases creating the forced migration of indigenous people to urban centres.

Organisational and political rights

Finally, one aspect must be noted which, in part, represents the nucleus

of hope at this current historical time and which could well change the

direction of events: the emergence and consolidation of the indigenous •

•

peoples’ own organisations in the process of affirming their rights both •

•

at national and international level, such as the Commission for the • •

• Self-Determination of Indigenous Peoples (Comisión por la Autodeter- •

• 167

• 168

• , 19 Jan.2002). 19 , ( families 390 approximately and hamlets 14 ABC Color ABC •

• 1 This situation was most severe in the La Patria community, comprising community, Patria La the in severe most was situation This 1 • •

•

Notes •

. ” Peoples ❑

enous Issues and the Draft Declaration on the Rights of Indigenous of Rights the on Declaration Draft the and Issues enous

Workshop Seminar on the Permanent Forum on Indig- on Forum Permanent the on Seminar Workshop “ entitled

s support, and support, s ’ IWGIA with Colombia, from ONIC and Tierraviva

of these was held in the capital from 1 to 3 April, organized by organized April, 3 to 1 from capital the in held was these of

fora on indigenous issues, to name but two issues. The most recent most The issues. two but name to issues, indigenous on fora

tion, and the current situation of debate in universal and regional and universal in debate of situation current the and tion,

change experience and legal expertise on issues such as discrimina- as such issues on expertise legal and experience change

the rest of the continent, during international seminars held to ex- to held seminars international during continent, the of rest the

s indigenous leaders, together with their counterparts from counterparts their with together leaders, indigenous s ’ country

This and other organisational aspects have been evaluated by the by evaluated been have aspects organisational other and This

place Law No. 904/81. No. Law place

approval of the final version of the proposed indigenous law to re- to law indigenous proposed the of version final the of approval

posed: through the holding of an Indigenous National Congress and Congress National Indigenous an of holding the through posed:

ganisations until the end of the process, as had been initially pro- initially been had as process, the of end the until ganisations

s leaders, communities and or- and communities leaders, s ’ country the of consultation the with

the part of the state, the CAPI authorities have decided to continue to decided have authorities CAPI the state, the of part the

tions are facing a tacit abandonment of the consultation process on process consultation the of abandonment tacit a facing are tions

At the moment, in spite of the fact that the indigenous organisa- indigenous the that fact the of spite in moment, the At

lative advances of the last two decades. two last the of advances lative

identity and the defence of rights already acquired through the legis- the through acquired already rights of defence the and identity

the executive, highlighting as central aspects those relating to ethnic to relating those aspects central as highlighting executive, the

formulating a basic document for the legislative reform proposed by proposed reform legislative the for document basic a formulating

During the year, CAPI continued with its meetings and task of task and meetings its with continued CAPI year, the During

within the borders of nation states. nation of borders the within

on an equal footing with the societies with whom they live alongside, live they whom with societies the with footing equal an on

new model of social, legal and political relations in their own right, own their in relations political and legal social, of model new

sal legal awareness that recognises their participation in forming a forming in participation their recognises that awareness legal sal

people, communities and leaders, within the context of a new univer- new a of context the within leaders, and communities people,

enous issue have been decisively transferred into the orbit of these of orbit the into transferred decisively been have issue enous

esis that, in these times, the problems and debate around the indig- the around debate and problems the times, these in that, esis

should certainly be proud of, for it skilfully demonstrates the hypoth- the demonstrates skilfully it for of, proud be certainly should

pation in the reform of Law No. 904/81. No. Law of reform the in pation This is something that we that something is This

regions of Paraguay, demanding the right to consultation and partici- and consultation to right the demanding Paraguay, of regions

leaders and representatives of indigenous organisations from both from organisations indigenous of representatives and leaders

- CAPI), a body made up of community of up made body a CAPI), - n de los Pueblos Ind Pueblos los de n ó minaci genas í 2 According to approximate figures from the radio station AM Paí Pukú (Irala Fernández district, Chaco). 3 On the basis of an exchange rate of 1 US$ = 6.500 guaranies, current at 25 October 2002. 4 The report from the area of Carmelo Peralta, Chaco, indicates that they tried to conceal the palo santo timber extraction taking place within the territory of the Ayoreo people by causing fires (ABC Color, 24/09/02). This trafficking provides an annual profit of 3,000 million guaraníes to the traffickers (Última Hora, 3 July2002). 5 The report refers to the seizure, in Fuerte Olimpo, Chaco, of more than 1,600 alligator hides, 200 from capibaras and 307 boa skins (ABC Color, 24 September 2002). 6 A process that took place during the first half of this year.

ARGENTINA

ver the past year, Argentina has had a visible presence in the O international press. The institutional violence exercised by the police against demonstrators and activists demanding economic, social and cultural rights, along with the deaths of children from malnutrition, are the extremes of a social situation that continues to astonish Argentinians and foreigners alike. As a consequence of 25 years of neoliberalism, 60% of the country’s population now lives below the poverty line, 30% of whom live in absolute poverty.1 In some provinces, the figures are as high as 78% and 40% respectively. Since the start of the economic recession in 1998, unemployment has increased by 74.2%, poverty by 67% and absolute poverty by 180%. General unemployment is now over 24%, with figures as high as 50% and even 70% in some regions. Successive economic adjustment plans, deregulation and privatisations implemented by a ruling class who prefer to ‘make easy money’ through corruption have been the main causes of this disaster, a disaster that is not only economic in nature but also moral. Argentina possesses enormous wealth in terms of energy and food resources, enough to enable all those living within its borders to live comfortably. However, in a context of eco-

nomic opening, the product of this wealth has been transferred abroad,

whilst dealing a fatal blow to national production. Such a situation •

•

would not have been possible without the growing debt that arrived •

•

with the military dictatorship in 1976 and has been with us ever since. • •

• In the 1990s, Argentina pegged its national currency to the US dollar. •

• 169

• 170 ability in the face of police harassment were the defining factors of a of factors defining the were harassment police of face the in ability • •

• Exclusion from the state system, a denial of social rights and vulner- and rights social of denial a system, state the from Exclusion • •

•

Social assistance and solidarity and assistance Social •

no doubt as to what happened and who was to blame. to was who and happened what to as doubt no

were covering the event and filmed what took place, so there could be could there so place, took what filmed and event the covering were

and shot two demonstrators at point-blank range. Luckily, the press the Luckily, range. point-blank at demonstrators two shot and

demonstration of unemployed workers, the Federal Police pursued Police Federal the workers, unemployed of demonstration

The worst of these took place on 26 June when, during a peaceful a during when, June 26 on place took these of worst The

tion, revolved around a number of violent epicentres during the year. the during epicentres violent of number a around revolved tion,

possible social organisation and creating terror among the popula- the among terror creating and organisation social possible

regular occurrences at the hands of security forces, aimed at aborting at aimed forces, security of hands the at occurrences regular

and threats against, activists and human rights defenders. These defenders. rights human and activists against, threats and

been the criminalization of protest and repression via persecution of, persecution via repression and protest of criminalization the been

s answer to social mobilisation has mobilisation social to answer s ’ state The survival. of means a as

families walking the streets by day looking for paper and cardboard and paper for looking day by streets the walking families

children dying from malnutrition, and to increasing numbers of entire of numbers increasing to and malnutrition, from dying children

The deteriorating living conditions of poorer sectors have led to many to led have sectors poorer of conditions living deteriorating The

Criminalization of social protest social of Criminalization

social demands to the new government. new the to demands social

weak and confusing agreement with the IMF and to leave pressing leave to and IMF the with agreement confusing and weak

been to organise presidential elections for 27 April 2003, to sign a sign to 2003, April 27 for elections presidential organise to been

dates and new general elections. But the government the But elections. general new and dates s response has response s ’

demand an end to electoral man- electoral to end an demand – moderate more – Others . ’ cronies ‘

international banking sector and its internal economic Establishment economic internal its and sector banking international

government that will serve the interests of society and not those of the of those not and society of interests the serve will that government

Assembly to discuss a new model for the country and a new form of form new a and country the for model new a discuss to Assembly

the part of the people. Some groups are demanding a Constituent a demanding are groups Some people. the of part the

This crisis of representation has led to deep political scepticism on scepticism political deep to led has representation of crisis This

were with the sole aim of implementing new economic adjustments. economic new implementing of aim sole the with were

Fund. The successiv e technical technical e successiv The Fund. on the part of the Fund the of part the on ” missions “

debate revolved around negotiations with the International Monetary International the with negotiations around revolved debate

suspended repayments. Almost all year, the year, all Almost repayments. suspended ” virtually “ had country

the Economy was forced to admit to international creditors that the that creditors international to admit to forced was Economy the

fall of the democratically elected government. In 2002, the Ministry for Ministry the 2002, In government. elected democratically the of fall

appropriation of private savings on the part of the state and, finally, the finally, and, state the of part the on savings private of appropriation This strategy collapsed in 2001, leading to a massive devaluation, the devaluation, massive a to leading 2001, in collapsed strategy This 11 13 10 13 9 10 14 15

12 4 5 7

8 6

1. Ona 6. Huarpe 11. Chulupí 2. Tehuelche 7. Diaguita-Calchaquí 12. Toba 3. Mapuche 8. Rankulche 13. Chorote 4. Mocoví 9. Kolla 14. Qom

5 Mbya-Guaraní 10. Wichí 15. Pilagá

•

bleak outlook in terms of social conflict. Faced with this, and in an •

•

attempt to ward off famine, the federal government implemented a • •

• plan of economic aid for unemployed heads of households. This plan, •

• 171

• 172 istrative procedure, political practice has turned it into an instrument an into it turned has practice political procedure, istrative • •

• registration. And yet although this would seem to be a simple admin- simple a be to seem would this although yet And registration. •

•

nises the legal status of indigenous communities, requiring only their only requiring communities, indigenous of status legal the nises •

•

community project management. The National Constitution recog- Constitution National The management. project community •

Legal status is a useful instrument both in the titling of lands and in and lands of titling the in both instrument useful a is status Legal

Legal status: help or hindrance? or help status: Legal

n). á (Tucum community Quilmes India the in and (Salta)

n), in the Kolla communities of the ex-Santiago estate ex-Santiago the of communities Kolla the in n), é (Neuqu í Pulmar

) was launched in the Mapuche community of community Mapuche the in launched was ) Desarrollo Comunitario Desarrollo

s Community Development Programme ( Programme Development Community s ’ Bank World the Programa de Programa

- DIRLI). At the same time, same the At DIRLI). - ( n Lista n ó Ram en gena í Ind Desarrollo de Programa

n Lista n ó Ram in Programme Development Indigenous s ’ Union European

- CAPI) and the and CAPI) - ( nent gena gena í Ind n ó Poblaci la a n ó Atenci de Componente

s Welfare Compo- Welfare s ’ People Indigenous s ’ Bank Development American

continued with support from the international community: the Inter- the community: international the from support with continued

Plan). On the other hand, two indigenous development programmes development indigenous two hand, other the On Plan).

prioritising social assistance above all other issues (Heads of Household of (Heads issues other all above assistance social prioritising

way it is run, the Institute continues to plan its activities unilaterally, activities its plan to continues Institute the run, is it way

cians was restricted. With no indigenous representation in terms of the of terms in representation indigenous no With restricted. was cians

Travel to the communities on the part of state employees and techni- and employees state of part the on communities the to Travel

negotiated. No lands or territories were recognised or demarcated. or recognised were territories or lands No negotiated.

to study. No programmes or plans designed by the communities were communities the by designed plans or programmes No study. to

INAI) from paying grants to students, without which it was difficult was it which without students, to grants paying from INAI) - -

Institute for Indigenous Affairs Affairs Indigenous for Institute (Instituto Nacional de Asuntos Ind Asuntos de Nacional (Instituto genas í

of indigenous rights. Budgetary limitations prevented the National the prevented limitations Budgetary rights. indigenous of

macy curbed the application of effective measures for the recognition the for measures effective of application the curbed macy

cial bankruptcy and questions as to the institutional system institutional the to as questions and bankruptcy cial s legiti- s ’

2002 has been a paradoxical year. On the one hand, the state the hand, one the On year. paradoxical a been has 2002 s finan- s ’

Setbacks in indigenist policy indigenist in Setbacks

poor Argentinians, sending donations in food and medicines. and food in donations sending Argentinians, poor

tional community has also demonstrated its awareness of the needs of needs the of awareness its demonstrated also has community tional

ous years, have now been monopolised by opportunists. The interna- The opportunists. by monopolised been now have years, ous

needy. Other grassroots initiatives such as bartering, popular in previ- in popular bartering, as such initiatives grassroots Other needy.

individuals have set up local canteens providing free meals to the most the to meals free providing canteens local up set have individuals

amn fapoiaeyU$0 adi tt odkona and as known bond state a in paid US$50, approximately of payment with the financial backing of the World Bank, consists of a monthly a of consists Bank, World the of backing financial the with of control with which to neutralise the power of ‘certain’ organisations. INAI created the National Registry of Indigenous Communities (RENACI) but some provinces, jealous of the power that control of this register might imply, have used internal regulations to justify the creation, in turn, of provincial registries.2 This apparent lack of inter-state coordination is not a mere oversight but a deliberate strategy to control the possible empowerment of indigenous organisations. Salta province is putting pressure on the member communities of Lhaka Honhat to obtain their own individual legal status. In June 2002, the heads of each of the 37 communities making up this organisation received a note from the Controller of the Provincial Institute of Indigenous Peoples of Salta (Instituto Provincial de Pueblos Indígenas de Salta), Decree 768 and a model statute to which they had to adapt as a prior requirement to the election of representatives to this Institute. Whilst this initial attempt to fragment the organisation was a failure, provincial civil servants continue to visit the communities to convince their leaders of the ‘benefits’ of gaining provincial legal status. Despite the fact that INAI has signed an agreement with Jujuy province that recognises RENACI during implementation of the Na- tional Plan for Land Regularisation (Plan Nacional de Regularización de Tierras), the provincial Solicitor-General’s Office (Fiscalía de Estado) is issuing absurd resolutions demanding various requirements of the communities in order to avoid approving their legal status, thus denying them their right to land titling. Similarly, in June 2002, the Neuquén provincial government passed decree 1184 regulating the communities’ legal status. It is quite clear that the Mapuches’ passionate defence of their rights disturbs the local power base. All the more so when there are conflicts pending resolution in which powerful economic interests are involved (Kaxipayiñ, Paynemil/Repsol-YPF, Chapelco tourist complex). In addition to its overwhelming and controversial requirements, this decree establishes that field work will be undertaken “with each and every community”, without specifying who, how or for whom it will be done. Finally, it adds that “any other data or additional documentation” may be required at any moment.

The indigenous movement

•

This scenario of conditionalities and opportunities is not being as- •

•

sessed by the indigenous movement. Although some accept the con- • •

• tribution of the Heads of Household Plans, the impact of these plans •

• 173

• 174 suffering humiliation and physical and moral exhaustion. One wo- One exhaustion. moral and physical and humiliation suffering • •

• of 74 was forced to undress and remain standing for two hours, two for standing remain and undress to forced was 74 of •

•

in their house when the police arrested their parents. An elderly man elderly An parents. their arrested police the when house their in •

•

girls aged 6 and 3 and a three-month-old baby were left abandoned left were baby three-month-old a and 3 and 6 aged girls •

A number of women were subjected to threats and humiliation. Two humiliation. and threats to subjected were women of number A

a police officer. They beat and mistreated children, women and men. and women children, mistreated and beat They officer. police a

community in search of indigenous persons accused of the murder of murder the of accused persons indigenous of search in community

attacked by 100 police officers. With no court order, they entered the entered they order, court no With officers. police 100 by attacked

On 16 August, the Toba community of Nam Qom in Formosa was Formosa in Qom Nam of community Toba the August, 16 On

Police repression and violence and repression Police

rejecting the indigenous claim. The community have since appealed. since have community The claim. indigenous the rejecting

2002, the provincial Supreme Court of Justice validated the theft, the validated Justice of Court Supreme provincial the 2002,

The community presented a complaint for theft of their lands. But in But lands. their of theft for complaint a presented community The

indigenous producers, their occupation prevailing over ancestral rights. ancestral over prevailing occupation their producers, indigenous

that moment, 2,500 has were excluded from the reserve for two non- two for reserve the from excluded were has 2,500 moment, that

of which almost 4,000 were occupied by non-indigenous people. At people. non-indigenous by occupied were 4,000 almost which of

obliged to title the existing reserves. In 1996, 20,000 has were titled, were has 20,000 1996, In reserves. existing the title to obliged

and children. Through its revised 1994 constitution, the province is province the constitution, 1994 revised its Through children. and

massacre took place, the victims of which included men, women men, included which of victims the place, took massacre í palp

place for the communities because, in 1924, it was here that the Na- the that here was it 1924, in because, communities the for place

ties of the Qom people of the Chaco. This settlement is an historic an is settlement This Chaco. the of people Qom the of ties

In 1912, the President of the Nation reserved lands for the communi- the for lands reserved Nation the of President the 1912, In

Theft of ancestral lands ancestral of Theft

Cases of violations of rights of violations of Cases

enous movement does not seem to have developed its own agenda. own its developed have to seem not does movement enous

option and clientelism. Faced with these institutional conflicts, the indig- the conflicts, institutional these with Faced clientelism. and option

provincial governments make headway with their practices of co- of practices their with headway make governments provincial

sibility in terms of implementing effective constitutional rights and rights constitutional effective implementing of terms in sibility

common goals. The federal state is incapable of fulfilling its respon- its fulfilling of incapable is state federal The goals. common

organisation bodies nor strategic alliances or coordinations to obtain to coordinations or alliances strategic nor bodies organisation

texts and in quite isolated situations. There are no supra-local self- supra-local no are There situations. isolated quite in and texts

tion. For the moment, struggles are being taken forward in local con- local in forward taken being are struggles moment, the For tion.

focused groups in a context of more poverty and less state interven- state less and poverty more of context a in groups focused

movement taking advantage of considerable international support to support international considerable of advantage taking movement on a movement still under construction is not known. Nor is the is Nor known. not is construction under still movement a on man saw the police submerge her husband in a well and bury her father-in-law’s head in mud. Once at the police stations, threats and violence were used to force them to sign their statements. Finally, 8 men were held in prison, accused of murder and resisting arrest. They were held incommunicado and tortured. Some were hooded with oilcloth, such that it covered their head and made it difficult for them to breath while they were being interrogated, forcing them to make statements and to give information on their families under threat of death. One man recounted how they insulted him saying, “You Indian shit, we’re going to hang you, we’re going to make you pay. It was an Indian shit that killed our colleague, so an Indian is going to pay!” Another suffered serious injury to his eardrum. A child of 10 was held in a cell and brutally treated by a group of police officers. Terrorised by such violence, the community’s reaction was a delayed one but, finally, together with lawyers, they all debated the measures to be taken. A criminal report was filed and, amongst other things, a demonstration was held in Buenos Aires to draw the attention of the general public to the provincial police, who report to the governor. Whilst the legal process continues, some people remain in prison.5

New threats: gold in Esquel

This year important gold deposits were discovered near the town of Esquel (Chubut). Eager to make some money, the local government has already distributed 180,000 has in concessions for exploration and exploitation, affecting three Mapuche communities and the area as a whole. The Canadian company, Meridian Gold, owner of the El Desquite mine, will use some six tonnes of cyanide every day. A confidential report notes that the exploitation will take place by dy- namiting thirty thousand tonnes of stone every day, and denounces the fact that the company could not explain how it would deal with cyanide and heavy metal residues and acid drainage. The inhabitants of the area, Mapuche and non-Mapuche, have joined forces to decide via a referendum whether the community is in agreement with the

gold mining or not. The Huisca Antieco community submitted an

appeal for legal protection in defence of its right of participation and •

•

consultation, guaranteed by ILO Convention 169, in force in Argen- •

•

tina since 2001. • •

• •

• 175 • 176 • • • • • •

•

[email protected]; www.ecoportal.net/articulos/lomalata.htm [email protected];

7 For more information on hydrocarbon contamination: hydrocarbon on information more For 7

s visit: [email protected] ; [email protected] ; [email protected] visit: s ’ IACHR the On 6

[email protected]

5 For more information on the repression in Nam Qom: Nam in repression the on information more For 5

4 For more information on land theft: [email protected] theft: land on information more For 4

3 On indigenous peoples in Argentina: www.pueblosindigenas.net Argentina: in peoples indigenous On 3

[email protected]

2 For more information on legal status, see: [email protected] ; [email protected] see: status, legal on information more For 2

Gran Buenos Aires). Buenos Gran

the rate of poverty had reached 62% (Corrientes, Formosa, Chaco, Formosa, (Corrientes, 62% reached had poverty of rate the

erty 8,319,000 (66%). According to the same source, as of February 2003, February of as source, same the to According (66%). 8,319,000 erty

absolute poverty: 7,777,000 (21.9%); children and youths living in pov- in living youths and children (21.9%); 7,777,000 poverty: absolute

May 2002: people below the poverty line 18,219,000 (51.4%); people in people (51.4%); 18,219,000 line poverty the below people 2002: May

1 Official data from the National Institute of Statistics and Census as of as Census and Statistics of Institute National the from data Official 1

Notes

❑

rights in Argentina and creates an interesting precedent for the future. the for precedent interesting an creates and Argentina in rights

time that the Commission has been involved in protecting indigenous protecting in involved been has Commission the that time

communities until the waterworks is up and running. This is the first the is This running. and up is waterworks the until communities

was agreed that Repsol would provide drinking water in bulk to the to bulk in water drinking provide would Repsol that agreed was

). In the meeting between the parties, it parties, the between meeting the In Indigenous World 2001-2002 World Indigenous

tamination from Repsol-YPF from tamination s Loma de la Lata deposit (see (see deposit Lata la de Loma s ’ The

n), affected by hydrocarbon con- hydrocarbon by affected n), é (Neuqu ñ Kaxipayi and Painemil

A visit was also made to the area of the Mapuche communities of communities Mapuche the of area the to made also was visit A

indigenous surveyors in each community. each in surveyors indigenous

officials their work of self-identification of land use undertaken by undertaken use land of self-identification of work their officials

the context of a friendly agreement, Lhaka Honhat submitted to the to submitted Honhat Lhaka agreement, friendly a of context the

communities, under the permanent supervision of the IACHR. Within IACHR. the of supervision permanent the under communities,

handover of the lands of State plots 33 and 14 in Salta province to the to province Salta in 14 and 33 plots State of lands the of handover

agreement would be continued once more, in order to consider the consider to order in more, once continued be would agreement

state. At this meeting, it was agreed that the process of a friendly a of process the that agreed was it meeting, this At

tween the parties in the case of Lhaka Honhat against the Argentinian the against Honhat Lhaka of case the in parties the tween

travelled to Salta province to participate in a working meeting be- meeting working a in participate to province Salta to travelled

In August, the IACHR (Inter-American Commission on Human Rights) Human on Commission (Inter-American IACHR the August, In Visit of the IACHR due to violation of indigenous rights indigenous of violation to due IACHR the of Visit CHILE

s in other countries, the belligerent foreign policy of US President A George W. Bush has also put a strain on national politics and, alongside this, has diverted the state and Chilean society’s attention away from the situation of indigenous peoples. The commencement of Chilean/US negotiations around a free trade agreement, postponed for several years, “coincided” with North American support for the country’s non-permanent membership of the UN Security Council, which some analysts have interpreted as a trade-off by which Chile has, in part, committed its support to Bush’s foreign policy. Also in the domestic sphere, the Lagos government has had to face up to a profoundly adverse political environment following a series of corruption allegations in which senior civil servants and parliamentary members from the current administration were implicated. The Population and Housing Census held in April 2002, the results of which were published in March 2003, produced new figures on the indigenous population. It was the second time that a question on the country’s indigenous population was included in the national census. However, it came as a surprise to find that the 2002 census figure was lower than that of 1992. In the 1992 census, the indigenous population had totalled 928,385 people, whereas in the 2002 census the total came to only 692,192. Some sectors have been quick to take this figure as indicative of a fall in the indigenous population. How- ever, specialists consider that the most recent figure is more accurate given that the question in the 1992 census was badly formulated, leading to non-indigenous people defining themselves as indigenous. Some indigenous organisations feel that the figures have been manipulated in order to reduce their importance in the national context. Whatever the case, it is difficult to come to premature conclusions without further analysis.

Worsening human rights situation

Such apparently dissimilar events as the mass arrest of Mapuche

community and organisation leaders within the context of the new •

•

criminal procedural system, a multi-million development project in •

•

indigenous communities financed by international organisations, • •

• the signing of an Association Agreement between the European •

• 177

• 178 indigenous peoples, with the apparent aim of delegitimising their delegitimising of aim apparent the with peoples, indigenous •

•

• s ’

to be a constant in the press and among sectors opposed to Chile to opposed sectors among and press the in constant a be to •

• seems ” law the beyond “

tisation of Mapuche demands as something something as demands Mapuche of tisation •

•

land demanded by the Mapuche in Malleco Province), the stigma- the Province), Malleco in Mapuche the by demanded land •

the police and the large forestry consortia (the main owners of the of owners main (the consortia forestry large the and police the

current relationship dynamic between some Mapuche communities, Mapuche some between dynamic relationship current

Without denying that violence is clearly an important element of the of element important an clearly is violence that denying Without

provided information on the situation they had allegedly experienced. allegedly had they situation the on information provided

attended the session, and session, the attended ” violence Mapuche of victims “ of number

more, characterising the organisations as violent or as terrorists. A terrorists. as or violent as organisations the characterising more,

own coalition, in which Mapuche demands were criminalized once criminalized were demands Mapuche which in coalition, own

wing sectors and even parliamentary members of the government the of members parliamentary even and sectors wing s ’

was connected to a debate organised two days previously by right- by previously days two organised debate a to connected was

s indigenous population indigenous s ’ country the recognising at aimed bill reform

s constitutional s ’ government the of July, 3 on rejection, s ’ Senate The

to form what would seem to be a discouraging and worrying outlook. worrying and discouraging a be to seem would what form to

number of events, in addition to those already mentioned, combined mentioned, already those to addition in events, of number

larly the Mapuche, thus deteriorated to previously unseen levels. A levels. unseen previously to deteriorated thus Mapuche, the larly

s indigenous peoples during 2002, particu- 2002, during peoples indigenous s ’ Chile of situation The

conflicts with forestry companies. forestry with conflicts

recognition, ratification of ILO Convention 169 or the problem of land of problem the or 169 Convention ILO of ratification recognition,

authorities to resolve their main demands, such as constitutional as such demands, main their resolve to authorities

the Mapuche is in stark contrast to the apathy and disinterest of the of disinterest and apathy the to contrast stark in is Mapuche the

The speed and efficiency of the courts in expediting trials against trials expediting in courts the of efficiency and speed The

strike until the end of September. of end the until strike

August 2002, a number of these Mapuche prisoners went on hunger on went prisoners Mapuche these of number a 2002, August

been subjected to irregular trials, both in form and in content. in and form in both trials, irregular to subjected been In

Malleco Coordinating Body ( Body Coordinating Malleco ). All have All ). Coordinadora Arauko-Malleco Coordinadora

leaders) and, since the middle of the year, leaders of the Arauko- the of leaders year, the of middle the since and, leaders)

n commune, and including a number of of number a including and commune, n é Traigu (traditional Lonkos

rests has begun to take place, primarily of community leaders from leaders community of primarily place, take to begun has rests

and right-wing parties, an escalation of ar- of escalation an parties, right-wing and newspaper El Mercurio El

Since the beginning of 2002, and with the backing of the right-wing the of backing the with and 2002, of beginning the Since

investments.

it is capable of controlling the Mapuche and protecting future protecting and Mapuche the controlling of capable is it

demonstrate to US and European governments and investors that investors and governments European and US to demonstrate

claims, and this in a context in which the government needs to needs government the which in context a in this and claims,

force of the law against those fighting for their just demands and demands just their for fighting those against law the of force

decided to resolve the the resolve to decided indigenous problem indigenous “ : by applying all the all applying by : ”

Mapuche conflict Mapuche “ , the Chilean government seems to have finally have to seems government Chilean the , ”

may well be the case. Several years on from the start of the so-called the of start the from on years Several case. the be well may Union and Chile in actual fact all seem to be linked or, at least, this least, at or, linked be to seem all fact actual in Chile and Union 2

1. Mapuche 2. Aymara aspirations. Such was the case of a report that appeared in the El Mercurio newspaper in December 2002, entitled “Internet Terrorism”,

and which attempted to denounce a number of web pages and sites

promoting the Mapuche cause as terrorist. The aim of the article was •

•

to raise an “information barrier” around the Mapuche conflict, seek- •

•

ing a reaction from the authorities that would close down or censor • •

• the only medium that is giving a different version of events. •

• 179

• 180 government have clearly sided with the forestry companies, as they as companies, forestry the with sided clearly have government • •

• are presumed to be conflicts between individuals, the police and police the individuals, between conflicts be to presumed are •

•

Mapuche communities and organisations. Despite the fact that they that fact the Despite organisations. and communities Mapuche •

•

highlights with concern the acute situation of police repression of repression police of situation acute the concern with highlights •

Pewenche in relation to construction of the Ralco dam. The Report The dam. Ralco the of construction to relation in Pewenche

destruction of Mapuche territory, and it analyses the situation of the of situation the analyses it and territory, Mapuche of destruction

origin of the conflicts with forestry companies and the environmental the and companies forestry with conflicts the of origin

Rights (FIDH, March 2003). This report notes the many causes at the at causes many the notes report This 2003). March (FIDH, Rights

Another report was that of the International Federation for Human for Federation International the of that was report Another

who were demanding land they believe is rightfully theirs. rightfully is believe they land demanding were who

Mapuche communities and people, including minors and the elderly, the and minors including people, and communities Mapuche

denounced many situations in which the police were used against used were police the which in situations many denounced

organisations and communities prosecuted or imprisoned, and it also it and imprisoned, or prosecuted communities and organisations

mented in the region, there have been more than ninety people from people ninety than more been have there region, the in mented

Defence Office. The Report notes that since the reform was imple- was reform the since that notes Report The Office. Defence

one of many issues noted, despite the creation of a Mapuche Criminal Mapuche a of creation the despite noted, issues many of one

cations of the criminal procedural reform on the Mapuche people was people Mapuche the on reform procedural criminal the of cations

of the La Frontera de Temuco University (Chile), the negative impli- negative the (Chile), University Temuco de Frontera La the of

s report (October 2002) from the Institute for Indigenous Studies Indigenous for Institute the from 2002) (October report s ’ me

national and international bodies. In the Indigenous Rights Program- Rights Indigenous the In bodies. international and national

was reflected in a series of human rights reports produced by various by produced reports rights human of series a in reflected was

s indigenous peoples indigenous s ’ Chile of rights the of situation critical The

o. í o-B í B Alto from munity

Rights against the Chilean state by members of the Ralco Lepoy com- Lepoy Ralco the of members by state Chilean the against Rights

plaint being submitted to the Inter-American Commission on Human on Commission Inter-American the to submitted being plaint

Indigenous Law have been systematically violated. This led to a com- a to led This violated. systematically been have Law Indigenous

enous peoples and a number of the standards contained in the 1993 the in contained standards the of number a and peoples enous

tioned, this latter being a case in which the human rights of indig- of rights human the which in case a being latter this tioned,

between Ralco and the ENDESA-Espa the and Ralco between a company must all be men- be all must company a ñ

the construction of the coastal highway and the already long conflict long already the and highway coastal the of construction the

municipal rubbish tips adjacent to Mapuche communities and lands, and communities Mapuche to adjacent tips rubbish municipal

mentioned in in mentioned The establishment of establishment The The Indigenous World 2001-2002. World Indigenous The

implementation of large projects on Mapuche lands, some already some lands, Mapuche on projects large of implementation

munities must be added a series of other conflicts resulting from resulting conflicts other of series a added be must munities

To the conflicts between forestry companies and Mapuche com- Mapuche and companies forestry between conflicts the To

important figures and national and international organisations. international and national and figures important

from the Mapuche organisations themselves and from politicians, from and themselves organisations Mapuche the from

this reason it unleashed a wave of protests and declarations, both declarations, and protests of wave a unleashed it reason this

victim recorded within the context of the Mapuche conflict and for and conflict Mapuche the of context the within recorded victim

with the police during the the during police the with of an estate. This was the first the was This estate. an of ” taking “

clear with the death of Alex Lem Alex of death the with clear n, 17 years of age, shot in a clash a in shot age, of years 17 n, ú The extreme point to which the Mapuche conflict has gone became gone has conflict Mapuche the which to point extreme The previously did with ENDESA. The report also highlights the way the conflict has been handled by the press which, as noted in last year’s The Indigenous World, attempts to link the indigenous organisations to armed groups in other countries. Lastly, the FIDH report notes that, during the current government of President Lagos, repression of the Mapuche has intensified, along with the application of a number of laws intended to leave those accused with few legal options. In addition to this, they have lost their legitimate right to defence, given that there has been alleged monitoring of telephone calls between defence lawyers and imprisoned indigenous leaders.2 Concern among the different national and international sectors with regard the situation of Chile’s indigenous people was demonstrated in varying ways: in November, the Chilean Episcopal Confer- ence issued an important document on the historic and current situation of the Mapuche,3 noting in one part, “We must stress that the joint effort to build social justice in our southern region implies a will

to compensate for the historical damage inflicted on the native peo-

•

• Source: Coordinadora de Comunidades Mapuches Kollipuli •

• 181

• 182 more serious if we consider that, in spite of having signed agreements signed having of spite in that, consider we if serious more • •

• to official figures, see them as a threat to Chilean jobs. The problem is problem The jobs. Chilean to threat a as them see figures, official to •

•

context of economic crisis and almost 10% unemployment, according unemployment, 10% almost and crisis economic of context •

•

constantly harassed by the police and ordinary civilians who, in a in who, civilians ordinary and police the by harassed constantly •

has become a new focus of intercultural conflict. The Peruvians are Peruvians The conflict. intercultural of focus new a become has

grants to Chile in recent years, more than 50,000 by some accounts, some by 50,000 than more years, recent in Chile to grants

this neighbouring country. The arrival en-masse of Peruvian immi- Peruvian of en-masse arrival The country. neighbouring this

xenophobia, discrimination and violence against immigrants from immigrants against violence and discrimination xenophobia,

indigenous people of Peruvian nationality, are the growing acts of acts growing the are nationality, Peruvian of people indigenous

s indigenous peoples but which does involve does which but peoples indigenous s ’ country the of situation

Other events of increasing concern, although not directly linked to the to linked directly not although concern, increasing of events Other

Xenophobic acts against Peruvians against acts Xenophobic

implementation.

election of the professionals, advisors and technicians hired for its for hired technicians and advisors professionals, the of election

layed commencement and accusations of a lack of transparency in the in transparency of lack a of accusations and commencement layed

gramme has not been free from controversy, however, due to its de- its to due however, controversy, from free been not has gramme

total of 641 initiatives financed. Implementation of the the of Implementation financed. initiatives 641 of total pro- ’ Origins ‘

live, has received the greatest amount of project funding: 315 out of a of out 315 funding: project of amount greatest the received has live,

a region, in which the highest percentage of rural Mapuche rural of percentage highest the which in region, a í Araucan

and cultural and intercultural health in regions I, II, VIII, IX and X. The X. and IX VIII, II, I, regions in health intercultural and cultural and

public institution strengthening, production development, education development, production strengthening, institution public

lion pesos (around 4.5 million dollars) in projects of community and community of projects in dollars) million 4.5 (around pesos lion

programme had invested a total of 3,400 mil- 3,400 of total a invested had programme ’ Origins ‘ the 2002, ber

consultants are elected by the communities themselves. As of Decem- of As themselves. communities the by elected are consultants

nities involved. Another new aspect is that the specialist technical specialist the that is aspect new Another involved. nities

moters, who form the link between the programme and the commu- the and programme the between link the form who moters,

community participation and includes an innovative system of proof system innovative an includes and participation community

indigenous community development. development. community indigenous prioritises civic and civic prioritises ’ Origins ‘

programme aims to introduce new public intervention practices for practices intervention public new introduce to aims programme

the funding coming from the Inter-American Development Bank. This Bank. Development Inter-American the from coming funding the

in 2002, a project financed by the Chilean state, with a major share of share major a with state, Chilean the by financed project a 2002, in

In terms of government action, the the action, government of terms In Programme was launched was Programme ’ Origins ‘

Programme ’ Origins ‘ The

for recognition of the rights of the Mapuche people Mapuche the of rights the of recognition for . ”

ished with the denial and criminalization of the legitimate demands legitimate the of criminalization and denial the with ished ples, the effects of which are still being felt. This will is being dimin- being is will This felt. being still are which of effects the ples, and conventions on discrimination, intolerance and xenophobia and in spite of having received repeated recommendations from the respective UN commissions, the country has taken no legal initiatives to control or punish actions of this kind, which affect not only foreigners but a whole group of sectors of Chilean society. ❑

Notes and sources

1 International Federation for Human Rights (FIDH). 2003. Pueblo mapuche: entre el olvido y la exclusión. Informe Misión Internacional de Investigación, nº 358/3, March 2003. 2 A further two reports of importance were published during the same period: one by the Public Interest and Human Rights Programme of the Diego Portales University in Santiago, another by an Amnesty Interna- tional mission. Both come to conclusions similar to those already mentioned but through lack of space we will not go into their detail here. 3 Obispos del Sur. 2002. Al servicio de un nuevo trato. Working document instigated by the National Commission for Indigenous Pastoral Care of the Chilean Episcopal Conference (Comisión Nacional de Pastoral In- dígena de la Conferencia Episcopal de Chile).

Web pages www.mideplan.cl www.diarioelgong.cl www.origenes.cl

www.mapuexpress.net

•

• •

• 183 • 184 • • • • • • • •

AUSTRALIA

•

AND THE PACIFIC • •

•

• •

• 185

• 186

– native title, child removal, international human rights scrutiny, etc. etc. scrutiny, rights human international removal, child title, native •

•

• – From early 1996, Howard fought many indigenous issues noisily noisily issues indigenous many fought Howard 1996, early From • •

•

A sort of policy of sort A •

having hitherto been locking them up or watching them drown! them watching or up them locking been hitherto having

Now we are fighting to save Iraqis in their homeland, we are told, are we homeland, their in Iraqis save to fighting are we Now

anti-Islamic feelings have made life difficult for visible minorities. visible for difficult life made have feelings anti-Islamic

general xenophobia and specific and xenophobia general The Indigenous World 2001-2002), World Indigenous The

remote prison camps for boat people fleeing Iraq and Afghanistan (see Afghanistan and Iraq fleeing people boat for camps prison remote

incident and incident the on centred anger and fear of climate lated Tampa

alleged bombers were Islamic extremists. In the government-manipu- the In extremists. Islamic were bombers alleged

11 attack on Australia as a whole, even before it was found that the that found was it before even whole, a as Australia on attack 11

September a as governments state as well as federal and media de facto de

190 killed were Australian tourists. This has been treated by news by treated been has This tourists. Australian were killed 190 c.

sia) bombing of low-cost tourist nightclubs where nearly half of the of half nearly where nightclubs tourist low-cost of bombing sia)

major background factor has been the October 12, 2002, Bali (Indone- Bali 2002, 12, October the been has factor background major

with Howard often talking more aggressively than Bush himself. A himself. Bush than aggressively more talking often Howard with

itself to war in Iraq from the beginning of George W. Bush W. George of beginning the from Iraq in war to itself s campaign, s ’

example, Australia was the only country apart from Britain to commit to Britain from apart country only the was Australia example,

in recent years. For years. recent in his expanded has He power. to him repertoire

have been central to this approach since the 1996 election first brought first election 1996 the since approach this to central been have

s winning electoral edge. electoral winning s ’ government s Aboriginal policies Aboriginal s ’ Howard

has provided Prime Minister John Howard with his with Howard John Minister Prime provided has ” agenda global

described as the white vote white the as described a social justice and justice social a “ of rejection its and ”

New research has demonstrated that that demonstrated has research New what can only be bluntly be only can what “

at various times. various at ” un-Australian “ deemed been have

The amusing article reminds us that even Aborigines even that us reminds article amusing The scapegoating.

scaremongering and scaremongering ” activities Un-American “ 1950s s ’ McCarthy

and other social and cultural policies, a throwback to Senator to throwback a policies, cultural and social other and ” terror

s indigenous, immigration, immigration, indigenous, s ’ government anti- “ , ” protection border “

abuse in an increasingly xenophobic era encouraged by the Howard the by encouraged era xenophobic increasingly an in abuse

and popular usage. It has become an all-purpose form of political of form all-purpose an become has It usage. popular and

its cover story, cover its from political from ” un-Australian “ term the exorcising to

newspapers devoted newspapers the and Melbourne, Sydney Morning Herald Morning Sydney

n February 22, 2003, the the 2003, 22, February n magazine in in magazine Good Weekend Good The Age, The

un-Australian ‘ the and – Australia other ’ AUSTRALIA until in June 2001 several indigenous community notables, unwit- tingly, and the sensation-hungry press, greedily, made black on black violence and family/community dysfunction the sole acceptable indigenous issue of interest. Nevertheless, Howard has made one major recent foray into indigenous policy with an intriguing interview in The Australian.3 Most of the interview dealt with wider issues, The Australian eager to present Howard as newly enthusiastic about its own multi-culturalist agenda, while they daily give him increasingly shrill and shallow support for his war, economic, anti-Labor, and other sentiments. Howard is probably less comfortable with social and cultural diversity than anyone else in high office in Australia, so The Australian’s campaign is quixotic, to say the least. In his indigenous reconciliation interview we learn:

The anger in the dialogue between the Government and Aboriginal

leaders has disappeared, raising fresh hope for progress towards •

•

reconciliation, John Howard believes...‘A year or 18 months ago, •

•

people said we were going nowhere on Aboriginal policy,’ Mr. Howard • •

• said. ‘Paradoxically, I think we are going somewhere on it now.’ •

• 187

• 188

(1997) and and (1997) Kidd, Rosalind historian by Lives, Black The Way We Civilise We Way The • •

• Nowhere is this clearer than in the social histories of Queensland of histories social the in than clearer this is Nowhere •

•

and integral to their solution. their to integral and •

•

litico-constitutional vacuum are an integral part of today of part integral an are vacuum litico-constitutional s problems s ’ •

historical displacement or worse, legal marginalisation, and a po- a and marginalisation, legal worse, or displacement historical

informed minority, together with most indigenous leaders, see that see leaders, indigenous most with together minority, informed

or nothing but Victorian chastisement and exhortation; while a better a while exhortation; and chastisement Victorian but nothing or

and social violence, a situation to which whites can contribute little contribute can whites which to situation a violence, social and

black failure of will to rise above the lowest national ranks of squalor of ranks national lowest the above rise to will of failure black

news media, wishes to see indigenous problems as a widespread a as problems indigenous see to wishes media, news

has been just this: the government, ably supported by sections of the of sections by supported ably government, the this: just been has

The basic dispute in Aboriginal and Islander affairs in recent years recent in affairs Islander and Aboriginal in dispute basic The

Deep dispute Deep

has made intransigent aliens of the original inhabitants of the continent. the of inhabitants original the of aliens intransigent made has

other socio-cultural issues is possible. And this is not the only time he time only the not is this And possible. is issues socio-cultural other

placed, or bulldozed to one side before any progress on indigenous or indigenous on progress any before side one to bulldozed or placed,

liners has made public debate futile; he must simply be removed, re- removed, be simply must he futile; debate public made has liners

views are nonsense. His studied deafness to all but his own populist one- populist own his but all to deafness studied His nonsense. are views

Whether Howard believes this or is simply trying to rile his critics, these critics, his rile to trying simply is or this believes Howard Whether

’ outcome. harmonious and sensible more a towards

I hope it means we are inching are we means it hope I ‘ said. he ’ change, a quite been has

m suggesting that my critics are embracing me on it, but I think there think I but it, on me embracing are critics my that suggesting m ’ I

it, but the anger in the previous dialogue has disappeared. It disappeared. has dialogue previous the in anger the but it, s not that not s ’

Mr. Howard said the heat had gone out of the debate. debate. the of out gone had heat the said Howard Mr. I hesitate to say to hesitate I ‘

is exactly what has happened and it is one of the difficulties we have. we difficulties the of one is it and happened has what exactly is ”

enclaves because they are Aboriginal communities communities Aboriginal are they because enclaves but in a way that way a in but –

allow ghettoes or enclaves to develop. You never call them ghettoes or ghettoes them call never You develop. to enclaves or ghettoes allow

stones of our immigration policy has always been that you shouldn you that been always has policy immigration our of stones t ’

cally separated from the rest of society. society. of rest the from separated cally One of the accepted corner- accepted the of One ‘

He said part of the problem was that many Aborigines were physi- were Aborigines many that was problem the of part said He

Mr. Howard said. Howard Mr. ’ t, ’ aren who lot

enous Australians, who are fully integrated. But there are still quite a quite still are there But integrated. fully are who Australians, enous

of the hardest things we have. There are plenty of Aborigines, indig- Aborigines, of plenty are There have. we things hardest the of

with the nation the with s success in absorbing migrants. migrants. absorbing in success s ’ I think it is still one still is it think I ‘

graceful and the experience of indigenous people compared poorly compared people indigenous of experience the and graceful However, he said the state of Aboriginal communities remained dis- remained communities Aboriginal of state the said he However, Government Lies (2000). In an attempt to re-start intelligent discussion, journalist Rosemary Neill has written White Out: How politics is killing black Australia (2002). Particularly useful is her chapter retelling the fu- rious debate, especially since 1997, on Australia’s 20th century policies of removing children (the Stolen Children). However she also unwit- tingly reveals the deeper issue in her final chapter, on the Northern Territory (NT). The NT is undigested frontier, where larger or smaller indigenous home territories -with their unique languages and cultures - are threaded together by one main road, along which are four main largely white centres – Alice Springs, Tennant Creek, Katherine and Darwin. There is no regional “Australian” society able or willing to embrace this NT reality and work with it; rather, it is effectively “un- organised territory” dominated until 2001 by an anti-indigenous populist demagogic government (whose crypto-racist electoral policies were adopted from the mid/late 1990s by the Howard government, together with their NT personnel!). The new Labor government since 2001 has so many other urgent messes that the speed of any move into basic politico-constitutional issues, despite its good intentions, may be questioned. Unless and until there is a negotiated political settlement between indigenous NT residents and other Australians – the throughput of transients being so great and fast that it is hard to talk of non-indigenous permanent residents – it will be impossible to have political and administrative arrangements workable for or satisfactory to either community.4

Setbacks

The most significant setback of the past year was the High Court’s decision in the Yorta Yorta land claim, December 2002, making the requirements for native title claims much more difficult for indigenous people to fulfil. The national ombudsman for indigenous rights, Dr Bill Jonas, addresses these issues fully in his Native Title Report, 2002,5 and calls on Australia to live up to its international rights commitments. Releasing the report on March 19, 2003, he said,

What has emerged from the High Court is a concept of recognition as

not simply the law providing a vehicle for Indigenous people to enjoy •

•

their culture and property rights... Rather the law becomes a barrier •

•

to their enjoyment and protection... The implications of these deci- • •

• sions are being felt by indigenous people and a re-evaluation of the •

• 189

• 190 enous political representation. political enous • •

• of interest include a Queensland state parliament inquiry into indig- into inquiry parliament state Queensland a include interest of •

•

landers across the Tropical north of the continent. Useful inquiries Useful continent. the of north Tropical the across landers •

•

(2002), drawing on Aboriginal peoples and Torres Strait Is- Strait Torres and peoples Aboriginal on drawing (2002), People •

black perception of coastal environment and culture in in culture and environment coastal of perception black Saltwater

nal people near Darwin; and Nonie Sharp bridges the gap in white- in gap the bridges Sharp Nonie and Darwin; near people nal

accessibly explore the meanings of territory and culture for Aborigi- for culture and territory of meanings the explore accessibly

(2002) clearly and clearly (2002) in collaborators her and Rose Country of the Heart the of Country

tive studies to face Australian needs squarely; while Deborah Bird Deborah while squarely; needs Australian face to studies tive

and Craig draws heavily on Nordic and North American compara- American North and Nordic on heavily draws Craig and

(2002), by Nettheim, Myers Nettheim, by (2002), digenous Peoples and Governance Structures Structures Governance and Peoples digenous

enous studies are flourishing despite tight times in publishing. publishing. in times tight despite flourishing are studies enous In-

reaching new audiences at home. Academic or joint academic-indig- joint or Academic home. at audiences new reaching

by Leah Purcell, or performance and graphic arts, are booming and booming are arts, graphic and performance or Purcell, Leah by

edited in women indigenous young with views Black Chicks Talking Chicks Black

by Doris Pilkington, now an international film, or the inter- the or film, international an now Pilkington, Doris by Fence

self-determination. Indigenous works such as the book, book, the as such works Indigenous self-determination. Rabbit Proof Rabbit

Research, publishing and the arts are vigorous areas of indigenous of areas vigorous are arts the and publishing Research,

Signs of life of Signs

intellectual leadership, prospects remain bleak. remain prospects leadership, intellectual

retiring Brisbane mayor Jim Soorley) willing to articulate moral and moral articulate to willing Soorley) Jim mayor Brisbane retiring

levels of the white community, and few senior politicians (other than (other politicians senior few and community, white the of levels

intellectual dishonesty and scapegoating of blacks among the highest the among blacks of scapegoating and dishonesty intellectual

governments are primarily responsible for these. With such levels of levels such With these. for responsible primarily are governments

enous socio-economic, health and court/jail statistics, although state although statistics, court/jail and health socio-economic, enous

state governments and news media for continued failures in indig- in failures continued for media news and governments state

of the organisation. ATSIC is also much targeted by both federal and federal both by targeted much also is ATSIC organisation. the of

elections and urged both men to stand aside for the greater credibility greater the for aside stand to men both urged and elections

had foreseen such opportunism by Howard before the 2002 ATSIC 2002 the before Howard by opportunism such foreseen had

dollars and run by crooks. Aboriginal and non-Aboriginal realists non-Aboriginal and Aboriginal crooks. by run and dollars

Vice-Chairman, to imply that it was was it that imply to Vice-Chairman, , squandering tax squandering , ” control of out “

and well publicised legal problems in other matters of Chairman and Chairman of matters other in problems legal publicised well and

reported (and quite defensible) discretionary actions of the Chairman, the of actions discretionary defensible) quite (and reported

mission (ATSIC) leadership (ATSIC) mission s power and autonomy, using intensely using autonomy, and power s ’

further the elected federal Aboriginal and Torres Strait Islander Com- Islander Strait Torres and Aboriginal federal elected the further

In April 2003, the Howard government renewed its push to diminish to push its renewed government Howard the 2003, April In

should be at the forefront of such a process. a such of forefront the at be should law needs to occur at the political level... Human rights principles rights Human level... political the at occur to needs law The Senate in Canberra is conducting an Inquiry into (the lack of) Progress Towards National Reconciliation by Federal Government because the proposals put forward so dramatically and publicly in mid-2000 at the conclusion of the 10-year work of the Council for Aboriginal Reconciliation seem to have been forgotten. As Sydney- based constitutional and treaty experts George Williams and Sean Brennan told the Inquiry:

Despite a strong and continuing grassroots commitment, reconciliation has gone off the boil as a federal political issue. In part this is due to the Howard Government pursuing ‘practical reconciliation’ to the exclusion of any ‘rights agenda’ for indigenous people. … Practical reconciliation and the rights agenda are not mutually exclusive. Steps to improve service delivery and government performance are necessary and important, but... Indigenous people have been excluded from our constitution for more than a century... In 1901 we cast indigenous people as outsiders to the nation. In 1967 these discriminatory references were deleted from the constitution by referendum. However, the change left the constitution, including its preamble, devoid of any reference to indigenous people. The system moved from explicit discrimination to silence, rather than to inclusion and acknowledgement. ... The Government should also establish a process to negotiate with indigenous people on the possibilities for treaties or other models for acknowledging indigenous rights and interests. This could lay a platform for the recognition of specific indigenous rights and for the building of economic and other partnerships through a national instrument that brings a formal close to the reconciliation process.6

Meanwhile, the 77% whose support was revealed in polls for Ho- ward’s supporters in the Tampa fiasco and other xenophobic and tough measures against “foreigners,” among whom Howard himself seems to categorise many or most Aborigines, and the 23% who support an inclusive liberal cosmopolitan society, seem to have stopped speaking to each other. Careful research, such as Dark Victory by David Marr and Marian Wilkinson (2003) on Howard’s 2001 (mis)- use of the Tampa and other boat people would sink a North Atlantic

government but has had no apparent impact on the 77%. We 23-

Percenters write articles for each other and attend each other’s book •

•

launches, while the 77% presumably support cutting back funds •

•

which might flow to institutions (universities, public schools) where • •

• we are found. The 77% are represented or hijacked by a shrill dozen •

• 191 • 192 • • • • • •

•

8 April 2003. April 8 See 6 Sydney Morning Herald, Morning Sydney

www.humanrights.gov.au/social_justice/ntreport_02/index.html

5 The report can be accessed at: accessed be can report The 5

. P. Jull, www.eprint.uq.edu.au/archive/00000322/. Jull, P. . ” Territories

Reconciliation Constitutions: Canadian & Australian Northern Australian & Canadian Constitutions: Reconciliation “ See 4

. 2002

. G. Megalogenis, Megalogenis, G. . ” hopes reconciliation s ’ PM “ 3 The Australian, 6 May 6 Australian, The

, 28 December 2002. December 28 , ald

White fringe fury feeds Labor feeds fury fringe White “ 2 . M. Millett, Millett, M. . ” fall s ’ Sydney Morning Her- Morning Sydney

, 22 February 2002: 16-22. 2002: February 22 , Dapin, Mark . ” Rules Aussie “ 1 Good Weekend Good

Notes and references and Notes

send-ups. Of course, the silence of so many is not consent. not is many so of silence the course, Of send-ups. ❑

and, some of us thought, gone forever in the whimsy of Monty Python Monty of whimsy the in forever gone thought, us of some and,

of mid-20 of century Anglo-society and attitudes that were mocked were that attitudes and Anglo-society century

shrunk audible Australia down to a size Howard can handle, the sort the handle, can Howard size a to down Australia audible shrunk

23-Percenters than seriously arguing about ideas. Public debate has debate Public ideas. about arguing seriously than 23-Percenters

which seem more interested in shouting down or abusing or down shouting in interested more seem which Australian,

or so writers, especially in the Murdoch newspapers such as as such newspapers Murdoch the in especially writers, so or The THE PACIFIC REGION

he Pacific Islands region is home to 6 million people, both of T indigenous and other ethnic groupings, occupying the 6,000 islands in the region defined for this purpose as the Pacific. Altogether there are 50 island nations, of which 20 have regained their political independence, while the remaining colonial occupied territories continue to be the subject of discussion for human rights, self determination and sovereignty at national, regional and global fora. The region has had many achievements, including some of the more reasonable living standards in the developing world. However, it is also true that the issues of “under development” and “poverty of opportunity” remain to be addressed. It has had its share of disap- pointments and lost opportunities and many of the current trends are not very positive.

Regional concerns and threats

Some of the major threats that stand out in the Pacific region are an erosion of cultural values systems, corruption, the effects of global warming and the effects of economic globalisation. The Secretariat of the Pacific Islands Forum1 has highlighted other current concerns, which include: environmental degradation and resource depletion; poor economic performance; high population growth rates; socio-economic inequalities; health problems; political instability; poor governance; trans-national crime; climate variability and sea level rise; and transportation of nuclear radioactive materials. There is continuing destruction and pollution of the environment and a rapid depletion of the natural resources. The majority of Pacific Islands suffer from many social problems and are trying to make ends meet in a rapidly changing social, political and economic environment, either because of limited skills and capacity or because the existing conditions do not provide them with opportunities. The Pacific region receives the highest per capita aid but, according to the Forum Secretariat, this does not translate into higher sus-

tainable economic growth or political stability. The Pacific continues

to face corruption, crime, money laundering, drug trafficking and •

•

people smuggling nationally, regionally and internationally. •

•

The Pacific is also experiencing rapid population growth in parts of our • •

• region, putting further pressure on our limited and shrinking resources. •

• 193

• 194 minster-style parliamentary democracy. Even though the colonial pow- colonial the though Even democracy. parliamentary minster-style • •

• states have their own indigenous systems of governance versus West- versus governance of systems indigenous own their have states •

•

text is open to many interpretations, especially when most Pacific most when especially interpretations, many to open is text •

•

in the Pacific con- Pacific the in ” governance good “ The issue of what constitutes constitutes what of issue The •

Good governance Good

and against every guideline for sustainable development. sustainable for guideline every against and

pensation is acceptable is indeed a crime against future generations future against crime a indeed is acceptable is pensation

out any understanding of its sustainability. To assume that fair com- fair that assume To sustainability. its of understanding any out

Exploitation of both terrestrial and marine resources proceeds with- proceeds resources marine and terrestrial both of Exploitation

All these provide ingredients for instability, unrest and insecurity. and unrest instability, for ingredients provide these All

genic disasters. genic

resources, food security, human security and natural and anthropo- and natural and security human security, food resources,

and communities, such as land tenure, traditional rights, natural rights, traditional tenure, land as such communities, and

national boundaries and jurisdiction. There was also security of life of security also was There jurisdiction. and boundaries national

Mr. Simpson said security was not just merely the defence of defence the merely just not was security said Simpson Mr.

. ” silver of pieces thirty their gets someone as long as “ resources,

able development on land and overexploitation of forests and marine and forests of overexploitation and land on development able

Government authorities have been prepared to accept unsustain- accept to prepared been have authorities Government

tober 2002, not one had any coordinated ocean policy in place. in policy ocean coordinated any had one not 2002, tober

approximately 98 percent of their national jurisdiction but, until Oc- until but, jurisdiction national their of percent 98 approximately

Pacific countries have an average marine environment that forms that environment marine average an have countries Pacific

environment and leading to serious civil and political instability. political and civil serious to leading and environment

the organisation that corruption was wreaking havoc on the Pacific the on havoc wreaking was corruption that organisation the s ’

Commission (SOPAC), Mr. Simpson, told the 2002 annual meeting of meeting annual 2002 the told Simpson, Mr. (SOPAC), Commission

member country inter-governmental South Pacific Applied Geoscience Applied Pacific South inter-governmental country member

a crime against future generations future against crime a “ as Termed the head of the 16- the of head the ”

Corruption

region.

goals, it must now adapt to the new challenges facing the Pacific the facing challenges new the to adapt now must it goals,

Forum Secretariat. While it has succeeded in meeting its original its meeting in succeeded has it While Secretariat. Forum

This is the new challenge for the region the for challenge new the is This s governments and the and governments s ’

and poor. and

sation is increasing levels of poverty and a growing gap between rich between gap growing a and poverty of levels increasing is sation

also creating new problems. The main negative impact of globali- of impact negative main The problems. new creating also

globalisation, many of which, while creating new opportunities, are opportunities, new creating while which, of many globalisation, Small islands continue to feel enormous pressure from the forces of forces the from pressure enormous feel to continue islands Small

•

• •

• 195

• 196 comed the acceptance of the Kyoto Protocol by Japan and approval of approval and Japan by Protocol Kyoto the of acceptance the comed • •

• The heads of governments from Small Islands States warmly wel- warmly States Islands Small from governments of heads The • •

•

Effects of global warming global of Effects •

is the challenge for Pacific communities. Pacific for challenge the is

of governance, leaders that make use of the resources at hand - this - hand at resources the of use make that leaders governance, of

navigate through both the indigenous system and introduced forms introduced and system indigenous the both through navigate

Visionary leaders, leaders with genuine integrity, leaders who can who leaders integrity, genuine with leaders leaders, Visionary

and to hold their governments accountable for what they do. they what for accountable governments their hold to and ”

and the capacity to participate in the decisions that affect their lives, their affect that decisions the in participate to capacity the and

tion, but also giving the people the opportunity, the right, the means the right, the opportunity, the people the giving also but tion,

not only ridding societies of corrup- of societies ridding only not “ means report, the to according

And political development must lead to good governance which, governance good to lead must development political And

” development. human of dimension forgotten the

in allowing people to shape their own lives. Political development is development Political lives. own their shape to people allowing in

big lesson of this period is never to ignore the critical role of politics of role critical the ignore to never is period this of lesson big

the role of politics in human development. The report states that, that, states report The development. human in politics of role the the “

on human development. For 2002, the principal one highlighted was highlighted one principal the 2002, For development. human on

development and well-being, the report also covers a range of ideas of range a covers also report the well-being, and development

Apart from ranking countries according to their level of human of level their to according countries ranking from Apart

New Guinea 133. Guinea New

the Pacific at 72, followed by Samoa 101, Vanuatu 131 and Papua and 131 Vanuatu 101, Samoa by followed 72, at Pacific the

of life expectancy, education and per capita income, ranked Fiji top in top Fiji ranked income, capita per and education expectancy, life of

, which ranks 173 countries by a composite measure composite a by countries 173 ranks which , ment Report 2002 Report ment

ever, the United Nations Development Programme Development Nations United the ever, s s ’ Human Develop- Human

reflect the strong links with indigenous cultures that still exist. How- exist. still that cultures indigenous with links strong the reflect

international agencies are debatable in the Pacific since they do not do they since Pacific the in debatable are agencies international

livelihoods we must have indicators. Indicators that are produced by produced are that Indicators indicators. have must we livelihoods

To measure the results of good governance on Pacific community Pacific on governance good of results the measure To

indigenous land tenure systems. tenure land indigenous

neither respects indigenous laws nor has the capacity to deal with deal to capacity the has nor laws indigenous respects neither

violence in the Pacific region relate to a Western legal dominance that dominance legal Western a to relate region Pacific the in violence

credness of the issue. Some of the worst conflicts that have led to led have that conflicts worst the of Some issue. the of credness

digenous value systems and overrule respect for the indigenous sa- indigenous the for respect overrule and systems value digenous

these two systems, introduced governance and laws undermine in- undermine laws and governance introduced systems, two these

However, in reality, when there is conflict in the application of application the in conflict is there when reality, in However,

tutions.

aspects of their indigenous governance within their national consti- national their within governance indigenous their of aspects

ga, Samoa, Fiji, Kiribati, Vanuatu and Tokelau have institutionalised have Tokelau and Vanuatu Kiribati, Fiji, Samoa, ga, ers dismantled indigenous power structures, countries such as Ton- as such countries structures, power indigenous dismantled ers the Protocol by the European Community. They called for urgent action to reduce greenhouse gas emissions and for further commitments in the future by all major emitters. They also emphasised the need for all nations to commit to global efforts to reduce gas emissions and the adverse impacts of climate change, taking into account the special circumstances of the small island developing states that face serious threats to their survival if the sea level rises. They further expressed disappointment at the decision of the United States to reject the Kyoto Protocol and agreed that the only truly effective way to address the issue of climate change globally was through full commitment by all the signatories of the UN Framework Convention of Cli- mate Change (UNFCCC) to the objectives of the Convention.

Regional developments and achievements

On the positive side, the year 2002 witnessed the consolidation of Pacific peoples into a stronger, more cohesive community, able to face challenges together. The year 2002 also highlighted new visions for indigenous identity among the 6 million people. In the official arena, the Secretary-General of the Forum Secretariat reflected this commitment in his statement to the 33rd Pacific Islands Forum Leaders Sum- mit in 2002.

Protecting traditional knowledge and culture

Twenty-two Pacific island countries endorsed the framework legislation to protect Pacific intellectual property rights during 2002, calling it the “root of our identity.” The aim of the framework is to ensure that cultural and traditional intellectual property is recognised at the highest level and protected against looting. The framework document was designed to be adapted and amended to suit the needs of each particular country and covers a very broad range of traditional knowledge and culture. It identifies common elements of cultural heritage and complements any existing intellectual property legislation.

The main breakthrough is the creation of a new set of rights, which

are community rights. This means protecting indigenous communi- •

•

ties and the knowledge that belongs to the entire community. •

•

The framework also protects designs, dances, performances and • •

• traditional music, even those that have never been written down. It •

• 197

• 198 issues of common interest to the ACP groups, such as fisheries, tour- fisheries, as such groups, ACP the to interest common of issues •

•

• 2004 will only deal with deal only will 2004 – proach. The first phase of negotiations 2002 2002 negotiations of phase first The proach. •

•

The EU/ACP accepted the Pacific proposal for a two-phase ap- two-phase a for proposal Pacific the accepted EU/ACP The •

•

stocks in return. in stocks •

waters, it seemed the EU was particularly interested in Pacific fish Pacific in interested particularly was EU the seemed it waters,

the Pacific. After significantly winding down fishing in European in fishing down winding significantly After Pacific. the

markets without giving the EU even greater market penetration into penetration market greater even EU the giving without markets

to EU to ” access free tariff and open “ as thing such no was there that

face the challenges ahead as a group. However, the Pacific was aware was Pacific the However, group. a as ahead challenges the face

common cause with other developing countries around the world and world the around countries developing other with cause common

held in Nadi, Fiji in August 2002, it was an opportunity to find to opportunity an was it 2002, August in Fiji Nadi, in held

EU Summit was Summit EU – ACP the when decision, collective their in Clear

Least Developed Countries. Developed Least

special and differential treatment of the island nations - especially the especially - nations island the of treatment differential and special

rather a development agreement that also acknowledged the need for need the acknowledged also that agreement development a rather

EPA was clear. The EPA should not be a conventional trade treaty but treaty trade conventional a be not should EPA The clear. was EPA

countries into the global economy, Pacific governments Pacific economy, global the into countries stand on the on stand ’

promote sustainable development and progressively integrate the ACP the integrate progressively and development sustainable promote

that the goals of the Cotonou Agreement were to reduce poverty, reduce to were Agreement Cotonou the of goals the that

the member states and their capacity to adapt to liberalisation. Noting liberalisation. to adapt to capacity their and states member the

It would also take into account the differing levels of development in development of levels differing the account into take also would It

needs of Pacific ACP states in the economic partnership agreements. partnership economic the in states ACP Pacific of needs

ise ACP solidarity while ensuring flexibility with regard to the special the to regard with flexibility ensuring while solidarity ACP ise

The Pacific states felt that this two-phase approach would maxim- would approach two-phase this that felt states Pacific The

Plan 2002 - 2007 to guide the Pacific ACP states in their negotiations. their in states ACP Pacific the guide to 2007 - 2002 Plan

negotiated. The Ministers also adopted a five-year Regional Action Regional five-year a adopted also Ministers The negotiated.

when a Regional Economic Partnership Agreement (EPA) would be would (EPA) Agreement Partnership Economic Regional a when

dealt with first by the ACP collectively, followed by a Pacific phase Pacific a by followed collectively, ACP the by first with dealt

agreed to adopt a two-phase approach: the ACP-wide issues being issues ACP-wide the approach: two-phase a adopt to agreed

When Pacific ACP Pacific When Trade Ministers met in August 2002, they 2002, August in met Ministers Trade

” beyond. and 2008

industries that can hold their ground by ground their hold can that industries – region-wide and - grown

build a solidarity among themselves and develop efficient, home- efficient, develop and themselves among solidarity a build “ to

the European Union, the commitment within the Pacific nations was nations Pacific the within commitment the Union, European the

In preparation for the negotiations on new trading arrangements with arrangements trading new on negotiations the for preparation In

Pacific Partnership Agreement with the EU the with Agreement Partnership Pacific

those recording albums without the permission of the rightful owners. rightful the of permission the without albums recording those

years by indigenous communities, but is sometimes appropriated by appropriated sometimes is but communities, indigenous by years also protects traditional music that has been used for thousands of thousands for used been has that music traditional protects also ism, investment and trade facilities, safeguards, dispute settlement and rules of origin. Market access issues will be dealt with in the second phase of negotiation 2004 – 2007 for an economic partnership.

PICTA and PACER

Despite the many questions raised by various advocacy groups on the benefits of PICTA and PACER, a number of Pacific governments ratified the two free trade agreements in 2002, enabling the PACER (Pa- cific Agreement on Closer Economic Relations) to come into force in October 2002. The Pacific Island Countries Trade Agreement (PICTA) came into force in April 2003. Hailed as major new regional trade initiatives in the Pacific Islands, parties to the agreements believe these agreements will facilitate the integration of small economies into the global trade arena. The Regional Trade Facilitation Programme will help the Forum Island Countries to access the market opportunities provided by the PICTA. It is assumed that Forum Island countries will only benefit from globalisation, and regional trade integration, if they can improve their trade performance with each other, and their developed country partners. The Forum emphasised that trade facilitation was not just an issue of meeting the import standards of our trading partners. It also means improving our ability to safeguard against the “dumping” of unsafe or undesirable imports onto domestic markets. The Forum Secretariat is required to develop a comprehensive programme of trade facilitation activities within one year of entry into force of the PACER. The Pacific communities will be able to assess the benefits of the PICTA and PACER when they come into force.

United Pacific voice

There is recognition that, over the years, the Forum has emerged as a

united voice of the Pacific Islands and in regional development achie-

vements, such as in the following: •

•

• The setting up of the Pacific Forum Shipping Line, which is now • •

• a major operator in sea transport in the region; •

• 199 • 200 • •

• State Actors, which was approved in November. in approved was which Actors, State •

•

tive input to the Forum Secretariat Policy on Engagement with Non- with Engagement on Policy Secretariat Forum the to input tive •

•

November. This also enabled the NGO community to provide collec- provide to community NGO the enabled also This November. •

morandum of Understanding on the Capacity Building Framework in Framework Building Capacity the on Understanding of morandum

Eleven major regional non-governmental organisations signed a Me- a signed organisations non-governmental regional major Eleven

Memorandum of Understanding of Memorandum ’ NGOs

Actors

s Policy on Engagement with Non-State with Engagement on Policy s ’ Secretariat Forum The •

ures against illegal immigration and trans-national crime trans-national and immigration illegal against ures

s Pacific Anti-Terrorist Strategy, including new meas- new including Strategy, Anti-Terrorist Pacific s ’ Forum The •

The Election Observer Mission Observer Election The •

The establishment of the Pacific Eminent Persons Group Persons Eminent Pacific the of establishment The •

Education Action Plan Action Education

The institutional arrangements for the implementation of the Basic the of implementation the for arrangements institutional The •

cific Islands Forum during 2002 include: 2002 during Forum Islands cific

Other official regional development initiatives undertaken by the Pa- the by undertaken initiatives development regional official Other

The University of the South Pacific (USP) Pacific South the of University The •

The South Pacific Regional Environment Programme (SPREP) Programme Environment Regional Pacific South The •

The South Pacific Tourism Organisation (SPTO) Organisation Tourism Pacific South The •

The South Pacific Geo-Science Commission (SOPAC) Commission Geo-Science Pacific South The •

There are also Forum agencies, such as: such agencies, Forum also are There

Auckland, Sydney and Tokyo. and Sydney Auckland,

The setting up of a Forum trade office in Beijing in addition to addition in Beijing in office trade Forum a of up setting The •

in a trade and aid arrangement with the European Union; European the with arrangement aid and trade a in

The Cotonou Agreement, which now includes all Pacific Islands Pacific all includes now which Agreement, Cotonou The •

The clear opposition to nuclear testing in the region; the in testing nuclear to opposition clear The •

stantial development assistance to the Pacific Islands; Pacific the to assistance development stantial

The continuing commitment from donor partners to provide sub- provide to partners donor from commitment continuing The •

Islands goods into Australia and New Zealand; New and Australia into goods Islands

SPARTECA, under which preferential access is given to Pacific to given is access preferential which under SPARTECA, •

The banning of drift-net fishing; drift-net of banning The •

mercial sets, tuna; sets, mercial

role in the management of one of the Pacific the of one of management the in role s most valuable com- valuable most s ’

The establishment of the Forum Fisheries, now playing a crucial a playing now Fisheries, Forum the of establishment The • Pacific Churches’ response

The Pacific Churches have switched from condemning HIV/AIDS to supporting an awareness of it. This was a landmark change, since the churches have the advantage of having a huge following in the Pa- cific. Journalists have also been urged to break the stigma on AIDS. The Pacific Conference of Churches and the World Council of Churches - Pacific Desk coordinated a process that led to a publication known as ‘Island of Hope – Pacific Churches Response to Globalisation’.

COUNTRY REPORTS

s a region, the Pacific collectively continued to face the legacy of Acolonialism, militarism, Christianisation, neo-colonialism, the prominence of foreign systems, education, laws and institutions that alienate us from indigenous spiritual links with the land, the sea and our own cultural value systems.

OCCUPIED NATIONS

Colonial occupied territories fall into two categories. The first category consists of those whose colonial administrators have listed them on the United Nations list of Non-Self-Governing Territories with the intention of eventually phasing them out to run their own affairs. This category includes American Samoa, Guam, Tokelau and Pitcairn. The second category is made up of countries that have been struggling for their sovereign rights and independence against colonial administering powers for centuries. Only one, Kanaky (New Caledo- nia) has been listed as a Non-Self-Governing Territory. Five others, West Papua, Te Ao Maohi (French Polynesia), Ka Pae’aina (Hawai’i), Bougainville and Rapa Nui (Easter Island) continue to be refused their fundamental right to independence. Indigenous peoples of these countries pay the price of freedom with their own lives. The first Pacific Regional Seminar on Decolonisation to mark the

beginning of the UN-declared Second Decade to Eradicate Colonial- •

•

ism (2001 – 2010), convened in Fiji, called on the administering pow- •

•

ers and territories to dialogue and identify the forms of self-determi- •

•

nation processes and options applicable to them. • •

• 201

• 202 territories. • •

• killings in West Papua, East Timor, Maluku, Aceh and other occupied other and Aceh Maluku, Timor, East Papua, West in killings •

•

heard of in the years of Indonesian military occupation and mass and occupation military Indonesian of years the in of heard •

•

surrounding the Freeport events. Such immediate reaction was un- was reaction immediate Such events. Freeport the surrounding •

and to call for independent investigations into the circumstances the into investigations independent for call to and

the military regime in Jakarta, did not hesitate to condemn the killings the condemn to hesitate not did Jakarta, in regime military the

powers, including those known to have longstanding relations with relations longstanding have to known those including powers,

pua but because they claimed the lives of two Americans. Foreign Americans. two of lives the claimed they because but pua

because they occurred once again in Indonesian-occupied West Pa- West Indonesian-occupied in again once occurred they because

sparked international outrage not so much so not outrage international sparked ” killings Freeport “ The

employed by the Freeport-Rio Tinto mining company. mining Tinto Freeport-Rio the by employed

in August 2002 of three teachers - 1 Indonesian and 2 Americans - Americans 2 and Indonesian 1 - teachers three of 2002 August in

edly brought West Papua to world attention this year was the killings the was year this attention world to Papua West brought edly

murder of Papuan leader Theys Eluay. But the tragedy that undoubt- that tragedy the But Eluay. Theys leader Papuan of murder

long-awaited trial of high-ranking military officials involved in the in involved officials military high-ranking of trial long-awaited

and burning by the Indonesian military to the denial of justice in the in justice of denial the to military Indonesian the by burning and

rights violations, ranging from random killing, raping, looting raping, killing, random from ranging violations, rights

est Papua was this year again dominated by gross human gross by dominated again year this was Papua est

WEST PAPUA WEST

we will stand strong, we will fight. We are the endangered species. endangered the are We fight. will we strong, stand will we ” ❑

Give us back our land, we are Chamorros, are we land, our back us Give “ stated, owners land enous

Battle of Guam: Indigenous versus the Environment the versus Indigenous Guam: of Battle “ the as , indig- , ”

owned and the rest is the property of the local government.) Termed government.) local the of property the is rest the and owned

ignated for the same purpose. In that area, 500 acres are privately are acres 500 area, that In purpose. same the for ignated

Commonwealth of the Northern Mariana Islands (CNMI) to be des- be to (CNMI) Islands Mariana Northern the of Commonwealth

for 6,000 acres on Rota, just north of Guam, in the southern part of the of part southern the in Guam, of north just Rota, on acres 6,000 for

2,100 acres are privately owned. (The Fish and Wildlife plan also calls also plan Wildlife and Fish (The owned. privately are acres 2,100

Fish and Wildlife. The government of Guam holds 2,800 acres and acres 2,800 holds Guam of government The Wildlife. and Fish

area proposed, under the jurisdiction of the US Air Force, Navy and Navy Force, Air US the of jurisdiction the under proposed, area

United States federal government controls 19,800 acres of the land the of acres 19,800 controls government federal States United

Chamorro families waiting for the return of their seized land. The land. seized their of return the for waiting families Chamorro

gered species, they were met with frustrations and strong anger from anger strong and frustrations with met were they species, gered

ignate 28,800 acres on Guam as critical habitat for three endan- three for habitat critical as Guam on acres 28,800 ignate

s America Fish and Wildlife officials unveiled their plan to des- to plan their unveiled officials Wildlife and Fish America s GUAHAN (GUAM) GUAHAN Pursuing its campaign to discredit the Papuan movement for independence from Indonesia, Jakarta issued statements claiming that the Papuan guerrillas, namely Operasi Papua Merdeka (OPM), were involved in the shootings. However the results of two independent investigations carried out separately by the Institute of Human Rights Study and Advocacy for West Papua (ELSHAM) and the US Federal Bureau of Investigation (FBI) both confirm the involvement of the Indonesian military in the “Freeport killings”. The “Freeport killings” should serve as an eye-opener for the international community to finally acknowledge the longstanding power exerted by the military within the state apparatus in Jakarta. The “Freeport killings” are but the tip of the iceberg in a series of human rights violations instigated by the Indonesian military in their campaign to discredit Papuan efforts to establish dialogue with the new government of President Megawati Soekarnoputri.

Peaceful campaign towards independence

Amidst the all too familiar cases of human rights violations instigated by the Indonesian military, Papuans have intensified lobbying on the diplomatic front to rally international support for their peaceful campaign towards independence. At regional level, a joint statement prepared by all major factions was submitted to the Pacific Islands Forum at the Fiji Summit in August 2002. Two months later, Papuan leaders made the same appeal for peace at the Third Conference of the Inter- national Solidarity Network for West Papua in London. But, for Jakarta, a peaceful dialogue with the Papuans is still a threat to the “integrity” of the state. Foreign Affairs officials immediately embarked on a charming offensive to persuade Pacific leaders of the alleged threats to security and stability in the region should West Papua gain independence. Banking on the support of its allies, most of whom are major power players and aid donors in the region, Indonesia sought good-will relations with Pacific governments and was accepted as a post-forum dialogue partner. Less than six months later, Indonesia opened its first diplomatic mission in Fiji in an effort to “foster greater trade relations” with neighbouring countries.

Meanwhile, the Papuan leadership consolidated its regional net-

work among sympathetic governments and, after numerous attempts •

•

again derailed by Indonesia’s interference, finally opened the West •

•

Papuan People’s Representative Office in Vanuatu in March 2003. • •

• •

• 203

• 204 three lives. At the heart of the conflict is a piece of land made available made land of piece a is conflict the of heart the At lives. three • •

• solution to the 11-month violent conflict that has already claimed already has that conflict violent 11-month the to solution •

•

2002, representatives of both communities have agreed to a peaceful a to agreed have communities both of representatives 2002, •

•

Louis village and a Wallisian settlement south of Noumea in January in Noumea of south settlement Wallisian a and village Louis •

Following clashes between the indigenous Kanak landowners of Saint of landowners Kanak indigenous the between clashes Following

Ethnic clash over land over clash Ethnic

Accord.

Caledonia government toppled by its own partners in the Noumea the in partners own its by toppled government Caledonia

other controversial year for the Noumea Accord, which saw the New the saw which Accord, Noumea the for year controversial other

billion dollar mining project in the south made headlines in yet an- yet in headlines made south the in project mining dollar billion

outskirts of the capital Noumea and the near-abortion of a multi- a of near-abortion the and Noumea capital the of outskirts

and disputes between Kanaks and Wallisian squatters on the on squatters Wallisian and Kanaks between disputes and

KANAKY (NEW CALEDONIA) (NEW KANAKY

starting on March 13. March on starting ❑

ment to issue a directive for the repatriation of the border crossers, border the of repatriation the for directive a issue to ment

New Guinea has dramatically increased, prompting the PNG govern- PNG the prompting increased, dramatically has Guinea New

by the Indonesian military. The number of refugees fleeing into Papua into fleeing refugees of number The military. Indonesian the by

people fleeing the threat of tighter control and imminent crackdown imminent and control tighter of threat the fleeing people

The division of West Papua caused greater instability and led to led and instability greater caused Papua West of division The

is yet to be established. be to yet is

should gain approval from the Papuan consultative assembly, which assembly, consultative Papuan the from approval gain should

autonomy. This law stipulates that the formation of new provinces new of formation the that stipulates law This autonomy.

that it was in contradiction of Law No. 21/2001 on Papua special Papua on 21/2001 No. Law of contradiction in was it that

was issued by Catholic, Protestant and Islamic leaders), who stated who leaders), Islamic and Protestant Catholic, by issued was

both the Papuan authorities and religious leaders (a joint statement joint (a leaders religious and authorities Papuan the both

West Papua into 3 smaller provinces sparked strong protests from protests strong sparked provinces smaller 3 into Papua West

The decision, endorsed by the House of Representatives, to divide to Representatives, of House the by endorsed decision, The

inces.

three provinces provinces three Papua, Central Irian Jaya and West Irian Jaya prov- Jaya Irian West and Jaya Irian Central Papua, –

Soekarnoputri issued Decree No. 1/2003 dividing West Papua into Papua West dividing 1/2003 No. Decree issued Soekarnoputri

sed in January 2002 but rejected by Papuans, President Megawati President Papuans, by rejected but 2002 January in sed

Following the entering into force of the Special Autonomy Law, pas- Law, Autonomy Special the of force into entering the Following Constitutional Developments Constitutional in the early days to the Catholic Church to establish the Catholic Mission of La Conception. Some thirty years ago, a small group of immigrants from the neighbouring French Territory of Wallis and Futuna settled within the vicinity of the Catholic mission. Outgrowing the space made available, the Wallisians are now squatting on customary land on the periphery of the urban village of St Louis thus ignoring the customary boundaries and indigenous protocols of Kanak villages.

Snap elections

After months of protest and dissension among the local partners of the Noumea Accord, Union Calédonienne (UC), one of the major components of the pro-independence coalition triggered the downfall of the local government in November 2002 when it announced the “collective” resignation of not only its sole member in government, Gérald Cortot, but of all of his co-lists. Under the Noumea Accord and the organic law that stemmed from it, for the sake of balance and power-sharing between parties, if a government member resigns and cannot be replaced by one of their co-lists, then the whole government is deemed to resign. The move made it impossible for a reshuffle to take place under an organic law that institutionalised the territorial government for the first time in 1999 within an autonomy-loaded Noumea Accord. But, in a legal twist, the Accord also unexpectedly allowed the UC’s resignation to topple the whole executive. However, two weeks later, the members of the previous government were almost all re-elected, bar one, as the Territorial Congress had in the meantime endorsed a motion to downsize the new government to 10 members. Three main political groups submitted their lists of candidates for what was the French territory’s third local government since it was set up in 1999. RPCR and FCCI had submitted a list that included most of the outgoing executive: President Pierre Frogier and most of the incumbent government members. As a result of the proportional vote in the 54-seat Congress, Frogier remains President and the RPCR/ FCCI coalition gains seven seats out of ten in the cabinet. Due to the reduction in size of the executive, a former RPCR gov-

ernment member was dumped. Pro-independence coalition FLNKS

(National Kanak Socialist Liberation Front) had included in its list •

•

former party President Roch Wamytan, and the other FLNKS seat is •

•

now held by incumbent Kanak woman leader Déwé Gorodey (who • •

• remains Vice-President of the executive). •

• 205

• 206 from throughout Kanaky. The customary senate was set up in 1999 in up set was senate customary The Kanaky. throughout from • •

• ary Senate at the annual congress attended by 150 customary chiefs customary 150 by attended congress annual the at Senate ary •

• Kanak high chief, Pierre Zeoula, was appointed head of the Custom- the of head appointed was Zeoula, Pierre chief, high Kanak •

•

New head of Customary Senate elected Senate Customary of head New

and transport between the territories and France. and territories the between transport and

and strengthening territorial continuity, which covers cheaper travel cheaper covers which continuity, territorial strengthening and

main points. These include job creation, boosting private investment private boosting creation, job include These points. main

tion, which covers a 15-year period and has provisions linked to several to linked provisions has and period 15-year a covers which tion,

territories. Overseas Minister Brigitte Girardin presented the legisla- the presented Girardin Brigitte Minister Overseas territories.

rac to improve economic development in overseas departments and departments overseas in development economic improve to rac

tion aimed at implementing commitments by President Jacques Chi- Jacques President by commitments implementing at aimed tion

Furthermore, the French council of ministers has passed legisla- passed has ministers of council French the Furthermore,

dropped.

were apparently were ” countries overseas “ into ” territory overseas “ term

tion empowered to amend the Constitution. Earlier plans to change the change to plans Earlier Constitution. the amend to empowered tion

basis and is the only institu- only the is and basis an on meets Congress French The ad hoc ad

74 is supposed to define a new status for overseas collectivities. overseas for status new a define to supposed is 74

, and article and , ” collectivities territorial “ into ” collectivities local “ term

. Article 34 would change the change would 34 Article . ” collectivities overseas “ re-phrased be

tives of the (French) government in overseas territories overseas in government (French) the of tives , which would which , ”

34 and 74 of the French Constitution. Article 13 refers to to refers 13 Article Constitution. French the of 74 and 34 representa- “

relates to articles 13, articles to relates ” powers of decentralisation “ the territories, and

Wallis and Futuna, French Polynesia). For these overseas countries overseas these For Polynesia). French Futuna, and Wallis

and territories, including those three in the Pacific (New Caledonia, (New Pacific the in three those including territories, and

amendments are of direct interest to French Overseas departments Overseas French to interest direct of are amendments

Under the principle of decentralisation, three of the ten proposed ten the of three decentralisation, of principle the Under

the general lines of decentralisation. of lines general the

sion in Versailles (near Paris) to amend the French Constitution along Constitution French the amend to Paris) (near Versailles in sion

National Assembly (Parliament) and Senate, opened its special ses- special its opened Senate, and (Parliament) Assembly National

In March 2003, the French Congress, a special gathering of both the both of gathering special a Congress, French the 2003, March In

Constitutional developments Constitutional

mea Accord. mea

the FLNKS to express concerns for future implementation of the Nou- the of implementation future for concerns express to FLNKS the

Le Pen with 19.58%. Voter turnout: only 50.56%. A result that prompted that result A 50.56%. only turnout: Voter 19.58%. with Pen Le

government of Chirac to power with 80.42% of the vote, followed by followed vote, the of 80.42% with power to Chirac of government Meanwhile, the French presidential election returned the right-wing the returned election presidential French the Meanwhile, as a result of the signing of the Noumea Accord, which for the first time stressed the importance of the Kanak identity. According to the Noumea Accord, the Customary Senate must be consulted on all matters pertaining to Kanak traditional identity and related symbols, traditional land tenure or customary civil status. The Senate is elected for a term of six years, and consists of 16 members, all high chiefs from their respected jurisdiction. At their 2002 Con- gress, they were briefed on the ethnic conflict in Saint Louis between Kanaks and the Wallisian community. They were also informed about the importance of preserving the environment, the coral reef and their natural resources - with a focus on the sensitive issue of the Canadian-owned Goro-Nickel Plant. They decided to focus on designing an indigenous land development fund as well as a mediation system that will resolve land matters in line with traditional practices and Western-style law. However, with regard to the coral reef, a delegation of the Custom- ary Senate failed to move French authorities in February 2003 to re- launch an earlier bid to have the French territory’s coral reef listed on UNESCO’s World Heritage List. The application faced strong opposition from local right-wing, anti-independence movements that claimed “interference” in local affairs and claimed such a move by traditional leaders was “politically motivated”. The bid was supported by the Northern and Loyalty Island provinces but strongly opposed by the affluent Southern province. Supporters of the project argued that if the reef obtained the World Heritage label, the French territory could capi- talise on it to boost an ailing tourism industry.

Kanaks march for environmental protection

Meanwhile, an estimated 5,000 protesters in Noumea demanded better environmental protection from local and French authorities and voiced their concerns about the country’s coral reef and the granting of nickel mining rights to Canadian mining giant Inco to exploit a mining site in the south that surrounds a fragile ecosystem endemic only to the area. After preliminary studies undertaken in 2001, Inco announced that it would suspend work and review its operations costs, which could rise with 15% over initial estimates and delay production to the first half of

❑

2005. •

•

• •

• 207

• 208 extensive efforts to gain this level of reconciliation and reconstruction. and reconciliation of level this gain to efforts extensive • •

•

chiefs, church leaders, women leaders and the communities had made had communities the and leaders women leaders, church chiefs, •

• nsitional period of 15 years to decide its destiny. Traditional destiny. its decide to years 15 of period nsitional

and a tra a and •

T •

tonomy bill in March 2002 paving the way to peace on the island the on peace to way the paving 2002 March in bill tonomy •

he Papua New Guinea parliament passed the Bougainville au- Bougainville the passed parliament Guinea New Papua he

BOUGAINVILLE

. ” damage genetic “ particular in lems,

bly to investigate any link between nuclear testing and health prob- health and testing nuclear between link any investigate to bly

Meanwhile, a bill was submitted to the French National Assem- National French the to submitted was bill a Meanwhile,

United States. United

of veterans in Fiji, Australia, New Zealand, France, Britain and the and Britain France, Zealand, New Australia, Fiji, in veterans of

assembly had therefore been extended to its network its to extended been therefore had assembly Moruroa e Tatou e Moruroa

with nuclear veterans of other countries. Invitations to the to Invitations countries. other of veterans nuclear with Tatou

the French Association of Nuclear Veterans (AVEN) and and (AVEN) Veterans Nuclear of Association French the Moruroa e Moruroa

ing that was held in the French Senate in Paris in early 2002, linking 2002, early in Paris in Senate French the in held was that ing

General Assembly. The Assembly was also a follow-up to the meet- the to follow-up a also was Assembly The Assembly. General

former workers of Morurua and Fangataufa, held its First Annual First its held Fangataufa, and Morurua of workers former

, the association of over a thousand a over of association the , 2002, July In Moruroa e Tatou e Moruroa

dosimetry zero from the Army Radiological Protection Service. Protection Radiological Army the from zero dosimetry

culties accessing their medical files and only receive a statement of statement a receive only and files medical their accessing culties

patients was authorised by law, nuclear veterans still have diffi- have still veterans nuclear law, by authorised was patients

Although two months later the full disclosure of medical history to history medical of disclosure full the later months two Although

e) Creation of a fund for the families of nuclear test victims. test nuclear of families the for fund a of Creation e)

d) Establishment of a nuclear test follow-up commission and the and commission follow-up test nuclear a of Establishment d)

c) Presumption of the origin of radiation illnesses, radiation of origin the of Presumption c)

b) Access to military files of test site workers, site test of files military to Access b)

gataufa,

a) A list of all former workers on the test sites of Moruroa and Fan- and Moruroa of sites test the on workers former all of list A a)

French government: French

at the French Senate submitted a number of requests to the to requests of number a submitted Senate French the at

e Tatou e

tation and Research on Peace and Conflict (CDRPC) and and (CDRPC) Conflict and Peace on Research and tation Moruroa

n January 2002, a conference organised by the Centre of Documen- of Centre the by organised conference a 2002, January n TE AO MAOHI AO TE Under it autonomous government, Bougainville will have its own constitution, court and banking system, police, immigration, aviation, shipping and fishing rights, post and telecommunication network and other national functions transferred under a complex legal arrangement.

Yet this can only happen once the UN is satisfied that stage 2 of the weapons disposal program is complete.

Weapons disposal programme

Completing the “Strategic Plan 2002-2004” for the Weapons Dis- posal Programme in Bougainville depends much on the goodwill of ex-combatants and on technical and financial assistance from governments and international agencies to implement the plan. By March 2002, it was reported that 720 weapons (137 of which high-powered) had been handed in by the Bougainville Resistance Forces (BRF) and Bougainville Revolutionary Army (BRA). Ex-combatants also called for pardon and amnesty to be issued prior to the conclusion of the weapons disposal program and the final establishment of the autonomous government. After several delays in releasing funds, a budget of PGK 86 million (US$ 24.8 million ) has been approved for the Bougainville Interim Provincial Government for peace restoration. PGK 58 million (US$ 16.7 million) was provided by donor countries (Australia, New Zealand, European Union) and PGK 28 million (US$ 8.1 million) by the PNG government. As of February 2003, it was estimated that ex-combatants had surrendered 87% of weapons. However UN envoy Noel Sinclair says the containment of weapons may not be completed by the end of June despite the fact that the UN Peace Monitoring Team is scheduled to withdraw from the island on June 30.

Class action suit

Bougainvillean landowners maintained their legal action against

giant Rio Tinto for genocide and environmental damage in operat-

ing the giant Panguna copper mine. The judge hearing the class •

•

action suit in California dismissed the case after hearing from the US •

•

State Department that the case might adversely affect US foreign • •

• policy interests. She made her dismissal conditional upon the land- •

• 209

• 210 security. • •

• AIDS tragedy, sea level rise, regional security and sustainable human sustainable and security regional rise, level sea tragedy, AIDS •

•

nomic justice, market access, free trade agreements, media freedom, HIV/ freedom, media agreements, trade free access, market justice, nomic •

•

peaceful co-existence, Western democratic system, good governance, eco- governance, good system, democratic Western co-existence, peaceful •

associated with the absence of a coordinated development vision for vision development coordinated a of absence the with associated

wenty independent Pacific countries collectively face specific issues specific face collectively countries Pacific independent wenty

INDEPENDENT COUNTRIES INDEPENDENT

property for homestead purposes. homestead for property ❑

plan more practical ways to equally distribute the remaining public remaining the distribute equally to ways practical more plan

ity the opportunity to thoroughly screen up to 4, 000 applicants and applicants 000 4, to up screen thoroughly to opportunity the ity

land. The moratorium took effect as of September and gave the Author- the gave and September of as effect took moratorium The land.

lage applications on Saipan and Rota, due to a shortage of public of shortage a to due Rota, and Saipan on applications lage

indefinite moratorium on accepting and processing homestead vil- homestead processing and accepting on moratorium indefinite

The Public Lands Authority in Northern Mariana has imposed an imposed has Mariana Northern in Authority Lands Public The

Indefinite moratorium Indefinite

local culture, traditions and lifestyles. and traditions culture, local

local people believe protected land rights are crucial for preserving for crucial are rights land protected believe people local

Strategic Economic Development Council showed that 87 percent of percent 87 that showed Council Development Economic Strategic

The result of the survey conducted by a private firm for the CNMI the for firm private a by conducted survey the of result The s ’

can only lease private lands for 55 years and public lands for 40 years. 40 for lands public and years 55 for lands private lease only can

Constitution dictates that individuals of non-CNMI descent non-CNMI of individuals that dictates Constitution ’ islands

ership to the indigenous people of Northern Mariana. Article 1 of the of 1 Article Mariana. Northern of people indigenous the to ership

attempts to change the constitutional provision restricting land own- land restricting provision constitutional the change to attempts

lands (CNMI) confirmed their opposition in a survey to any to survey a in opposition their confirmed (CNMI) lands

hamorro people of the Commonwealth of Northern Mariana Is Mariana Northern of Commonwealth the of people hamorro

NORTHERN MARIANA ISLANDS (CNMI) ISLANDS MARIANA NORTHERN

court, which is contrary to PNG Law. PNG to contrary is which court,

ability to continue their action in a Papua New Guinea New Papua a in action their continue to ability ’ owners FIJI

n Fiji, the Blueprint, which is the government policy document I attempting to support indigenous Fijian development and to prevent a repeat of the 1987 and 2000 coups, has been labelled as racist by the former Prime Minister, who is of Indian ethnic origin.

Government calls for the teaching of culture and tradition

Ro Teimumu Kepa, a high chief and deputy Prime Minister responsible for education admitted that Western influence was taking a hold among Fijians, causing emerging identity crises, and which resulted in the events surrounding the 2001 coup. Western societies have poisoned the minds of the once simple, peaceful people who began to believe they should change the status quo – often outside of the law. She called on parents to instil and enforce in their children the importance of their culture and tradition as a source of unity in our society. She also called on the provincial councils to draw up policies to strengthen the family unit so that it could carry out responsibilities as the foundation of society. She said that disrespect for traditional authority and the breakdown in family and village life all emanated from the advice given by those who are confused between traditional Fijian life and modernisation.

Other developments

The sugar industry suffered from political instability and an expiry of land leases. Until the land lease issue is resolved and the confidence of farmers (in majority of Indian ethnic background) restored, crop size will not return to their expected levels. The country began harvesting one of the world’s last great stands of mahogany trees, often referred to as the real reason behind the 2000 coup.❑

KIRIBATI

•

iribati elections were held in November for the 40-seat Maneaba •

•

ni Maungatabu (or parliament) amidst strong competition be- •

K • • tween President Teburoro Tito and the opposition leader Harry Tong. •

• 211

212

N • forcing the electoral commissioner to declare six seats in the in seats six declare to commissioner electoral the forcing • •

• ational elections in Papua New Guinea were marred by violence, by marred were Guinea New Papua in elections ational • • •

•

PAPUA NEW GUINEA NEW PAPUA

downwind from where the tests occurred. tests the where from downwind ❑

1958. Utirik is 250 miles 250 is Utirik 1958. – 1946 from States United the by tests bomb

diation on Utirik and for hardships suffered as a result of 67 nuclear 67 of result a as suffered hardships for and Utirik on diation

million dollar compensation settlement for cleaning up residual ra- residual up cleaning for settlement compensation dollar million

Marshall Islands nuclear test veterans continued to seek a multi- a seek to continued veterans test nuclear Islands Marshall

Utirik

avoid commitments. avoid

in order to order in ’ history re-write ‘ to attempts American criticized dent

, the Marshall Islands legislature, the Presi- the legislature, Islands Marshall the , the In Association. Nitijela

an end guaranteeing long-term funding under the Compact of Free of Compact the under funding long-term guaranteeing end an

. This replaced the first one that came to came that one first the replaced This . ”’ reservations “ with billion 3

signed a new funding deal with the United States totalling US$ totalling States United the with deal funding new a signed

he Marshall Islands and the Federated States of Micronesia (FSM) Micronesia of States Federated the and Islands Marshall he

FEDERATED STATES OF MICRONESIA OF STATES FEDERATED

MARSHALL ISLANDS AND ISLANDS MARSHALL

in place as election petitions and the battle for a majority continued. majority a for battle the and petitions election as place in ❑

with a narrower margin. By April 2003, there was still no government no still was there 2003, April By margin. narrower a with

Tito won his parliamentary seat as well as the presidential election presidential the as well as seat parliamentary his won Tito

commercial purposes or to mislead people. mislead to or purposes commercial

man said that the law only prohibits the use of the national flag for flag national the of use the prohibits only law the that said man

in accordance with advice from the Cabinet. The opposition spokes- opposition The Cabinet. the from advice with accordance in

emblem on anything without the permission of the President acting President the of permission the without anything on emblem

According to the President, the law forbids the use of the national the of use the forbids law the President, the to According

the national flag on campaign material. campaign on flag national the

President Tito declared the pamphlets illegal because they displayed they because illegal pamphlets the declared Tito President 22,000 election pamphlets belonging to Harry Tong were seized after seized were Tong Harry to belonging pamphlets election 22,000 Southern Highlands region null and void. Women candidates in the Chimbu province condemned the elections as the worst and “darkest” since independence. Despite this, parliament convened in August and elected Sir Michael Somare as Prime Minister. Sir Michael was the first prime minister when PNG became an independent nation in 1975.

Policy change

A change in policy saw the suspension of the privatisation policy and abolition of vice-ministerial positions to concentrate on the parliamentary committee systems and reinforce parliamentary democracy in order to ensure that ministers, ordinary members of parliament and government bureaucrats are made accountable for their decisions and actions.

Economy

The government stated that the PNG economy was down but not out. The Prime Minister rejected what was termed as World Bank ‘black- mail’ and warned the World Bank of changes in policy. When warned by the Governor of the PNG Reserve Bank of a government financial deficit of 210 million Kina (or US$ 59,500,000), the Prime Minister assured the country of the new government’s commitment to restoring stability and dealing with the issue.

Corruption

There have been major breakthroughs in uncovering many of the corrupt practices that have been investigated. Six outstanding cases highlighted by the Community Coalition Against Corruption were: the Cairns Conservatory; the National Provident Fund saga; the Ma- lagan House Report; the Passport Scam Report and the Defence Force

Retirement Benefits.

Law on HIV/AIDS •

•

A new law to tackle discrimination and protect the rights of people • •

• living with HIV/AIDS, including those looking for employment, was •

• 213 • 214 • • • • •

•

of the royal family. royal the of • ❑

the people and open to all Tongans: commoners, nobles or members or nobles commoners, Tongans: all to open and people the

of Representatives that will consist of 21 members directly elected by elected directly members 21 of consist will that Representatives of

an upper house to be known as the House of Nobles, and a House a and Nobles, of House the as known be to house upper an

term in parliament is to propose an alternative structure comprising structure alternative an propose to is parliament in term

seats. Their focus during this during focus Their seats. ’ commoners 9 the of out 7 won Tonga

Supporters of the Human Rights and Democracy Movement in Movement Democracy and Rights Human the of Supporters

Ulukalala-Ata, as Prime Minister. Prime as Ulukalala-Ata, ‘ Prince HRH by

The 12-member cabinet appointed by the king for life is headed is life for king the by appointed cabinet 12-member The

from a total of 48 candidates. 48 of total a from

the population of 140,000 elected their 9 commoner representatives commoner 9 their elected 140,000 of population the

of his Cabinet for life and the estimated 58,000 eligible voters from voters eligible 58,000 estimated the and life for Cabinet his of

ahau Tupou IV appointed 12 members 12 appointed IV Tupou ahau ’ Taufa King representatives.

bowl and nominated their 9 their nominated and bowl traditional the around gathered

kava

s 33 nobles, who acquire their title by descent, by title their acquire who nobles, 33 s ’ Kingdom The

lections to the 30-seat legislative assembly were held in 2002. in held were assembly legislative 30-seat the to lections

TONGA

security situation still remained very fragile. very remained still situation security ❑

encountered. While the country returned to normalcy, the peace and peace the normalcy, to returned country the While encountered.

as attempts to arrest him failed. In the process, more casualties were casualties more process, the In failed. him arrest to attempts as

action against Guadalcanal Liberation Front Leader, Harold Keke, Harold Leader, Front Liberation Guadalcanal against action

n the Solomon Islands, the government was accused of bias in police in bias of accused was government the Islands, Solomon the n

SOLOMON ISLANDS SOLOMON

and incorporating their opinions into the final draft. final the into opinions their incorporating and ❑

in October 2001, seeking the opinions of a wider community sector community wider a of opinions the seeking 2001, October in

presented at a workshop conducted by the National Aids Council Aids National the by conducted workshop a at presented

Work on the piece of legislation began in 1999 and the draft was draft the and 1999 in began legislation of piece the on Work in its final stage at the end of 2002 for presentation to parliament. to presentation for 2002 of end the at stage final its in ‘Terrorist’ accusations

The government of Tonga labelled the Human Rights and Democracy Movement in Tonga as “terrorist”. This label came as the Tonga legislative assembly passed an amendment to the Criminal Offences Act defining terrorism as an indictable offence carrying a fifteen-year imprisonment term. The Human Rights and Democracy Movement described the law as an attempt to seriously destabilise or destroy the fundamental political, constitutional, economic and social structure of the country. ❑

VANUATU

anuatu elections saw the return of Prime Minister Edward VNatapei heading a coalition government of the Vanuaaku Pati and the Union of Moderate Parties.

Law on Kava

Parliament passed a new law in December that regulates the ownership and protection of the Vanuatu kava industry. Although kava and its related products are banned from major buyer countries, Vanuatu kava finds its biggest market inside the country. While scientific studies were continuing, the results of which could counter claims made by the European pharmaceutical companies, Vanuatu decided to clean up and regulate its kava industry first before looking to conquer overseas markets.

Melanesia m Arts Festival 2002

“Preserving Peace through Sharing of Cultures” was the theme of the 2002 Second Melanesian Arts Festival hosted by Vanuatu. Its purpose

was to preserve and develop Melanesia indigenous cultures. ❑

•

Notes •

•

1 Pacific Islands Forum is a regional intergovernmental cooperation body •

•

with 16 member countries (ed.note). • •

2 APC: African, Caribbean and Pacific Group of States (ed.note). • 215 • 216 • • • • • • • •

EAST AND

•

SOUTHEAST ASIA •

•

• •

• 217

• 218 at least 1,000 times the proposed amount. There has been a tentative a been has There amount. proposed the times 1,000 least at • •

• Whilst no concrete figure has been set, some suggest it should be should it suggest some set, been has figure concrete no Whilst •

•

6,500 yen. Today, it is some 2,500 times that amount (16.25 million yen). million (16.25 amount that times 2,500 some is it Today, yen. 6,500 •

•

the governor assigned to manage the assets had an annual salary of about of salary annual an had assets the manage to assigned governor the •

inflation and is ridiculously insufficient. At the time the assets were seized, were assets the time the At insufficient. ridiculously is and inflation

agreed to return this, the Ainu plaintiffs argue that it does not account for account not does it that argue plaintiffs Ainu the this, return to agreed

seized from them in the 19 the in them from seized century. Whilst the Hokkaido government has government Hokkaido the Whilst century.

Also at issue is the return of 1.47 million yen (US$12,250) of their assets their of (US$12,250) yen million 1.47 of return the is issue at Also

reveal major gaps, with complete logs for only the six years up to 1980. to up years six the only for logs complete with gaps, major reveal

court. The only records that have been released so far by the government the by far so released been have that records only The court.

aged for them by successive Hokkaido governors, was dismissed in dismissed was governors, Hokkaido successive by them for aged

seeking the full disclosure of records for assets taken away and man- and away taken assets for records of disclosure full the seeking

In March 2002, a lawsuit against the Hokkaido government by 24 Ainu, 24 by government Hokkaido the against lawsuit a 2002, March In

Legal matters Legal

amongst a growing number of active Ainu. active of number growing a amongst ’ Nation

Perhaps this can be seen as one sign of a greater sense of an an of sense greater a of sign one as seen be can this Perhaps Ainu ‘

flag, designed by artist Bikky Sunazawa, at gatherings and events. and gatherings at Sunazawa, Bikky artist by designed flag,

In recent times, there have been more frequent displays of the Ainu the of displays frequent more been have there times, recent In

that have always existed, manifested nowadays in a variety of ways. of variety a in nowadays manifested existed, always have that

to their identity. It does not take account of the numerous differences numerous the of account take not does It identity. their to

Discussing the Ainu as one people is really to apply an alien concept alien an apply to really is people one as Ainu the Discussing

The Ainu Nation Ainu The

a glimpse of Ainu activities in 2002-2003. in activities Ainu of glimpse a

ties of an entire group of people over a year. The following is merely is following The year. a over people of group entire an of ties

lation. It is somewhat impossible to attempt to summarise the activi- the summarise to attempt to impossible somewhat is It lation.

Japan, who number about 500,000 of the country the of 500,000 about number who Japan, s 117 million popu- million 117 s ’

Ainu. This article deals with the Ainu people of Hokkaido in northern in Hokkaido of people Ainu the with deals article This Ainu.

peoples. The larger groups are the Okinawan, the Burakumin and the and Burakumin the Okinawan, the are groups larger The peoples.

try has a number of both larger and smaller groups of indigenous of groups smaller and larger both of number a has try

apan is often regarded as a homogenous nation. However, the coun- the However, nation. homogenous a as regarded often is apan

who passed away on 25 November 2002. November 25 on away passed who

a friend and brother to the Ainu and Burakumin people in Japan, in people Burakumin and Ainu the to brother and friend a

In memory of Masaharu Konaka, Masaharu of memory In JAPAN JAPAN

agreement to use this to initiate a fund for educating young Ainu or caring for the elderly. The group is now in the process of appealing

against the decision.

Cultural activities •

•

Following the enactment of the Ainu Culture Promotion Act (CPA) in • •

• 1997, there seems to have been a veritable explosion of Ainu cultural •

• 219

• 220 tal freedoms of indigenous people, Rodolfo Stavenhagen made a three- a made Stavenhagen Rodolfo people, indigenous of freedoms tal • •

• Special Rapporteur on the situation of human rights and fundamen- and rights human of situation the on Rapporteur Special •

• In November 2002, as part of his official duties as United Nations United as duties official his of part as 2002, November In •

•

s visit s ’ Rapporteur Special

erty be returned, and we are studying ways to develop this campaign this develop to ways studying are we and returned, be erty ” .

there by missionaries and scholars. We request that this cultural prop- cultural this that request We scholars. and missionaries by there

but lie scattered in museums in America and Europe, having been taken been having Europe, and America in museums in scattered lie but

Furthermore, cultural relics of the Ainu have not remained in Japan in remained not have Ainu the of relics cultural Furthermore, “

the WGIP in 1991 clarifies their position regarding such collections: such regarding position their clarifies 1991 in WGIP the

A report submitted by the Ainu Association of Hokkaido (AAH) to (AAH) Hokkaido of Association Ainu the by submitted report A

to see and enjoy them. enjoy and see to

overseas collections can be partly alleviated and Ainu are now able now are Ainu and alleviated partly be can collections overseas

. In this way, the loss of a large number of Ainu artefacts to artefacts Ainu of number large a of loss the way, this In . ’ home

together. After the end of the exhibitions, the replicas remained remained replicas the exhibitions, the of end the After together. at ‘

to Sapporo and Kanagawa along with the originals and displayed and originals the with along Kanagawa and Sapporo to

in order to make replicas of selected pieces. The replicas were brought were replicas The pieces. selected of replicas make to order in

seven Ainu craftsmen and women who visited Edinburgh, Scotland Edinburgh, visited who women and craftsmen Ainu seven

Kanagawa. As part of a novel collaboration, it had first involved first had it collaboration, novel a of part As Kanagawa.

lected by the Scottish physician Neil Munro was held in Sapporo and Sapporo in held was Munro Neil physician Scottish the by lected

From April - September 2002, an exhibition of Ainu artefacts col- artefacts Ainu of exhibition an 2002, September - April From

appeal and vitality of traditional Ainu art forms in the 21 the in forms art Ainu traditional of vitality and appeal century.

on display, together with the large volume of entries, attested to the to attested entries, of volume large the with together display, on

held annually in Sapporo, the high quality of embroidery and carving and embroidery of quality high the Sapporo, in annually held

At the 35 the At Ainu crafts competitive exhibition in February 2003, February in exhibition competitive crafts Ainu

happens every day within the household is Ainu culture. Ainu is household the within day every happens ”

limited to language or ceremonies or dance. It is Ainu life itself. Whatever itself. life Ainu is It dance. or ceremonies or language to limited

ownership. As Ainu counsellor Ryoko Tahara put it, it, put Tahara Ryoko counsellor Ainu As ownership. Ainu culture is not is culture Ainu “

medicines, or perhaps it might lead to thorny issues of land rights and rights land of issues thorny to lead might it perhaps or medicines,

such as hunting, fishing and gathering plants for preparing foods and foods preparing for plants gathering and fishing hunting, as such

sanctioned system. Much of it is perhaps not considered considered not perhaps is it of Much system. sanctioned enough, ’ cultural ‘

Of course a great deal continues, as always, outside the officially the outside always, as continues, deal great a course Of

co-opt, limit and control Ainu culture. Ainu control and limit co-opt, ”

promote our own culture. It is a law for the Japanese government to government Japanese the for law a is It culture. own our promote

opportunity for us to decide, for ourselves, in what manner we will we manner what in ourselves, for decide, to us for opportunity

Group on Indigenous Populations (WGIP) for not providing, providing, not for (WGIP) Populations Indigenous on Group an “

Oki Kano strongly criticised the CPA at the United Nations Working Nations United the at CPA the criticised strongly Kano Oki

decide what is acceptable as Ainu culture and what is not. Musician not. is what and culture Ainu as acceptable is what decide

government and their bureaucrat lapdogs) now have more power to power more have now lapdogs) bureaucrat their and government activity. The danger is that those who hold the purse strings (i.e. the (i.e. strings purse the hold who those that is danger The activity. day visit to Hokkaido. He spoke with Ainu people in Sapporo, Shiraoi and Nibutani to learn more about their situation, and met with senior officials from the AAH and the Foundation for Research and Promo- tion of Ainu Culture (FRPAC). At the FRPAC, he asked whether positions were specially set aside for Ainu who were learning about their culture, similar to ‘affirmative action’ programmes. He was told that whilst study scholarships are given to young Ainu, they can apply for positions like everyone else, with no special preference given. A central issue of the Rapporteur’s visit was the issue of land rights and Ioru, traditional living spaces for the free practice and transmission of Ainu traditions. Concern was expressed about the difficulty in overcoming the various legal regulations concerning government land, fishing and hunting etc. that would relegate the concept to the hollow provision of more research centres and museums on Ainu culture. Also discussed were Ainu Land Rights claims to the Northern Territories island chain off Hokkaido and the representation of Ainu history and culture in school textbooks.1

Ainu globalisation

In addition to the many festivals, ceremonies and cultural events that took place throughout the year there were also a number of exchanges with native peoples from all over the world. This growing trend in international exchanges with other indigenous peoples not only provides mutual inspiration and encouragement but also enables Ainu people to globalise their local struggle. According to Tessa Morris Suzuki, at the Australian National University, Ainu participation in, “an emerging worldwide movement of indigenous people has enabled (the Ainu) to re-interpret their own past and traditions in new ways, and to see new connections between their history and the history of indigenous societies in other parts of the world.” In addition to official AAH delegations to the WGIP in Geneva, Switzerland and other indigenous fora, Ainu representatives attended the 3rd World Water Forum, held in Kyoto in March 2003, to provide

an Ainu perspective.

New music •

•

This year also saw the release of an exciting album of contemporary • •

• Ainu music by OKI and his Far East Band, entitled “No One’s Land”. •

• 221

• 222 released at this relatively early stage in his imprisonment. During imprisonment. his in stage early relatively this at released • •

•

Chinese government to reconsider his case played a role in his being his in role a played case his reconsider to government Chinese •

•

, there is no doubt that the international pressure on the on pressure international the that doubt no is there , ” grounds •

•

• medical “ on released was he Although . ” espionage “ for years 18

January, after 6 years in prison. He had originally been sentenced to sentenced been originally had He prison. in years 6 after January,

ties released exiled Tibetan music researcher Ngawang Choephel in Choephel Ngawang researcher music Tibetan exiled released ties

The year 2002 began with good news from Tibet. The Chinese authori- Chinese The Tibet. from news good with began 2002 year The

Human rights in Tibet in rights Human

most Tibetans want the return of their former independence. former their of return the want Tibetans most

peoples the world over. Regarding themselves as an occupied nation, occupied an as themselves Regarding over. world the peoples

to grow, the Tibetans share many characteristics with indigenous with characteristics many share Tibetans the grow, to

nized by China and in which the number of Chinese settlers continues settlers Chinese of number the which in and China by nized

inhabitants of an occupied country that is increasingly being colo- being increasingly is that country occupied an of inhabitants

being denied their fundamental right to self-determination. As self-determination. to right fundamental their denied being

fter more than 50 years of Chinese occupation, Tibetans are still are Tibetans occupation, Chinese of years 50 than more fter

TIBET

2 See: www.bbc.co.uk/radio3/world/guidejapan2.shtml See: 2

(Symbol)/E.CN.4.2003.90.En?Opendocument

visit, is available at: www.193.194.138.190/huridocda/huridoca.nsf/ at: available is visit,

rights and fundamental freedoms of indigenous people, including this including people, indigenous of freedoms fundamental and rights

s report for 2003 on the situation of human of situation the on 2003 for report s ’ Rapporteur Special The 1

Notes and references and Notes

rance of Ainu people and culture by their fellow Japanese neighbors. Japanese fellow their by culture and people Ainu of rance ❑

enous by the Japanese government may help to remedy a virtual igno- virtual a remedy to help may government Japanese the by enous

Perhaps one day, belated official recognition of the Ainu as indig- as Ainu the of recognition official belated day, one Perhaps

Japan.

much attention overseas, attention much it has been practically ignored ignored practically been has it in ’ home at ‘

Ethiopian singer and a poet from Timor Lorosa Timor from poet a and singer Ethiopian e. Whilst receiving Whilst e. ’ It includes eclectic collaborations with a Chukchi shamaness, an shamaness, Chukchi a with collaborations eclectic includes It

•

• •

• 223

• 224 tus as refugees and that, in recent years, it seems to have forgotten have to seems it years, recent in that, and refugees as tus •

•

• sta- ’ serious problem is that Nepal does not recognize the Tibetans the recognize not does Nepal that is problem serious •

•

in Nepal. Chinese pressure on Nepal continues to grow but the most the but grow to continues Nepal on pressure Chinese Nepal. in •

•

borders with Nepal, and partly because of the worsening situation worsening the of because partly and Nepal, with borders •

Chinese authorities have strengthened their control of the Tibetan the of control their strengthened have authorities Chinese

Tibet to Nepal has continued to deteriorate, partly because the because partly deteriorate, to continued has Nepal to Tibet

. The situation of Tibetans trying to flee from flee to trying Tibetans of situation The . ” Nepal in Refugees

s Stateless Nationals - Tibetan - Nationals Stateless s ’ Tibet “ entitled, 2002 in report a lished

on Human Rights (UNCHR) and the Tibet Justice Centre, which pub- which Centre, Justice Tibet the and (UNCHR) Rights Human on

human rights organisations, such as the United Nations Commission Nations United the as such organisations, rights human

The issue of Tibetan refugees continues to draw the attention of attention the draw to continues refugees Tibetan of issue The

crimes have also become more severe. more become also have crimes ” terrorist “ for punishments

does not agree with the regime may be accused of terrorism. The terrorism. of accused be may regime the with agree not does

consequence, Chinese law has been modified so that everybody who everybody that so modified been has law Chinese consequence,

s war against terrorism as of its strict control over Tibet. As a As Tibet. over control strict its of as terrorism against war s ’ USA

s participation in participation s ’ China of consequence a much as were they that

were puzzled by the severity of the trials. There is reason to believe to reason is There trials. the of severity the by puzzled were

. International observers International . ” secrets state “ to related it because public

trial. According to the Chinese authorities, the trial was closed to the to closed was trial the authorities, Chinese the to According trial.

organisations were worried that the two Tibetans did not receive a fair a receive not did Tibetans two the that worried were organisations

tion in a bombing incident in eastern Tibet in April. International April. in Tibet eastern in incident bombing a in tion

sang Dhondrup, were condemned to death for their alleged participa- alleged their for death to condemned were Dhondrup, sang

in December when two Tibetans, Tenzin Deleg Rinpoche and Lob- and Rinpoche Deleg Tenzin Tibetans, two when December in

this. However, this positive development was suddenly interrupted suddenly was development positive this However, this.

of Beijing hosting the Olympic Games in 2008 may be one reason for reason one be may 2008 in Games Olympic the hosting Beijing of

become more open towards international appeals. The expectations The appeals. international towards open more become

Tibet but there are some indications that the Chinese government has government Chinese the that indications some are there but Tibet

There has been no change for the better for those who want a free a want who those for better the for change no been has There

arrested.

the Chinese government and China and government Chinese the s dominance over Tibet will be will Tibet over dominance s ’

that there is a good chance that any Tibetan who is openly critical of critical openly is who Tibetan any that chance good a is there that

a large number of political prisoners in Chinese prisons in Tibet and Tibet in prisons Chinese in prisoners political of number large a

political prisoners should not make the world forget that there are still are there that forget world the make not should prisoners political

Although a positive development, the release of these and other and these of release the development, positive a Although

prison altogether, was released and chose to go into exile. into go to chose and released was altogether, prison

year-old Takna Jigme Zangpo, who has spent more than 40 years in years 40 than more spent has who Zangpo, Jigme Takna year-old

year-long sentence and Tibet and sentence year-long political prisoner, the 77- the prisoner, political ” oldest “ s ’

she was first arrested, was released 9 months before the end of her 11- her of end the before months 9 released was arrested, first was she

her release. Another nun, Ngawang Choezom, who was only 22 when 22 only was who Choezom, Ngawang nun, Another release. her

at the age of 13. The international community has frequently requested frequently has community international The 13. of age the at

freed, including the nun Ngawang Sangdrol, who was first arrested first was who Sangdrol, Ngawang nun the including freed, 2002, a number of other prominent Tibetan political prisoners were prisoners political Tibetan prominent other of number a 2002, its “gentlemen’s agreement” with the UN High Commissioner for Refugees (UNHCR) on Tibetan refugees. On several occasions over the past year, Tibetans have been arrested or forced to pay large penalties for being in Nepal without a valid visa and it is common for border police to send back Tibetan refugees to Chinese-occupied Tibet. The Tibetan refugees in Nepal are not allowed to own property or shops and they cannot move freely in Nepal. Those refugees who arrived in Nepal after 1989 have no legal status. In reality, many Tibetan refugees are stateless and as the possibility of their return to Tibet in the near future is remote, they are in a difficult situation.

A step towards dialogue?

An incident which may have important consequences for Tibet’s future was the visit of an exiled Tibetan delegation to China and Tibet in September. During the visit, the two special envoys of the Dalai Lama had, for the first time in twenty years, the opportunity to meet Chinese and Tibetan government officials with whom they had what they themselves afterwards called “cordial and open discussions”. The visit was interpreted in many different ways but only time will tell whether the visit has brought Tibet and China closer to a solution.

Worsening living conditions in Tibet

The living conditions of the Tibetan population in Tibet have not improved and the pressure on the Tibetans and their traditional way of life continues to grow. They are suffering from marginalisation and pressure as a consequence of China’s development of Lhasa and other towns, the intensified development of what China calls its “western regions” and China’s participation in the USA’s “war against terrorism”. Reports published in 2002 show that the Tibetans are lagging way behind the majority of Chinese in terms of access to health services and education and that the gap is widening. With few exceptions, the Tibetans have not benefited from the economic growth in Tibet, the

exploitation of Tibet’s resources, the fast growing tourism industry or

the development of the towns and infrastructure. A report “Delivery •

•

and Deficiency. Health and Health care in Tibet” published by the •

•

London-based organisation Tibetan Information Network (TIN) do- • •

• cuments the fact that affordable and adequate health care is still not •

• 225

• 226

s serious environmental and de- and environmental serious s ’ participate as their members. Tibet members. their as participate • •

• sations accredited for the summit allowed a Tibetan delegation to delegation Tibetan a allowed summit the for accredited sations •

•

Justice Centre and the International Campaign for Tibet, other organi- other Tibet, for Campaign International the and Centre Justice •

•

ceeded in excluding two important Tibetan organisations, the Tibet the organisations, Tibetan important two excluding in ceeded •

Johannesburg in South Africa. Although the Chinese authorities suc- authorities Chinese the Although Africa. South in Johannesburg

In 2002, the World Summit for Sustainable Development was held in held was Development Sustainable for Summit World the 2002, In

Tibet in the world the in Tibet

tion.

way between Lhasa and Golmud, which is already under construc- under already is which Golmud, and Lhasa between way

focus on improving the transport infrastructure, especially the rail- the especially infrastructure, transport the improving on focus

to be extended into hitherto isolated areas as a consequence of China of consequence a as areas isolated hitherto into extended be to s ’

s mineral resources can be expected to grow and grow to expected be can resources mineral s ’ Tibet of exploitation

nese government is on the look out for more foreign investment. The investment. foreign more for out look the on is government nese

and the Chi- the and ” regions Western “ s ’ China in possibilities for looking

international companies and agencies and Western scientists are scientists Western and agencies and companies international

been little foreign investment in the mining industry in Tibet yet Tibet in industry mining the in investment foreign little been

sources in its effort to meet growing domestic demands. There has There demands. domestic growing meet to effort its in sources

s important mineral re- mineral important s ’ Tibet of exploitation the prioritises China

threaten their religious and economic relationship with the land. the with relationship economic and religious their threaten

presents little in terms of long-term alternatives. Mining projects often projects Mining alternatives. long-term of terms in little presents

margins of the industry that threatens their traditional livelihoods but livelihoods traditional their threatens that industry the of margins

and between Tibetans and Chinese. Tibetans generally remain on the on remain generally Tibetans Chinese. and Tibetans between and

of development in Tibet enhances disparities between rich and poor and rich between disparities enhances Tibet in development of

shows that the current model current the that shows ” Tibet in Mining “ report TIN Another

Exploitation of mineral resources mineral of Exploitation

some time. some

MSF had been under pressure from the Chinese authorities for quite for authorities Chinese the from pressure under been had MSF

decided to stop most of their activities in Tibet at the end of the year. the of end the at Tibet in activities their of most stop to decided

Tibet. The international organisation M organisation international The Tibet. res (MSF) res è Fronti sans decins é

s current development policies for policies development current s ’ China in aspects ” soft “ other and

population in urban areas. There is little focus on health, education health, on focus little is There areas. urban in population

whatever funding there is mostly benefits the predominantly Chinese predominantly the benefits mostly is there funding whatever

there was a reduction in the Chinese state funding for health care, and care, health for funding state Chinese the in reduction a was there

and emergency health care is virtually non-existent. During the 1990s, the During non-existent. virtually is care health emergency and

endemic to the Tibetan plateau for centuries are still not under control, under not still are centuries for plateau Tibetan the to endemic available to the majority of Tibetans. Many diseases that have been have that diseases Many Tibetans. of majority the to available velopmental problems played only a minor role at the World Summit but it was nevertheless important that Tibet was represented. In Sep- tember, the annual Asia-Europe Meeting (ASEM) meeting was held in Copenhagen in connection with Denmark’s presidency of the EU. China participated as one of the ASEM countries and some organisations in Denmark, including the Tibet Support Committee, focused on Tibet in a seminar at the parallel NGO Forum. In December, the European Parliament held an international conference on Tibet with the participation of representatives from European national parlia- ments, Tibet organisations and other interested parties. At the end of the conference, the participants agreed on a resolution in which they once again urged the European countries to put more pressure on China and the EU to appoint a special representative for Tibet similar to the special coordinator for Tibet in the USA. ❑

TAIWAN

aiwan’s indigenous peoples constitute 1.7% of the country’s total T population. They are divided into 10 tribal groups, each with its own language. Most of these live in the eastern and central mountain region of the country.

The Tao and nuclear waste

Orchid Island, or Poso no Tao (“Island of Human” in the language of the local indigenous people), is located off the coast of south-eastern Taiwan. The island is home to the Tao people, an indigenous community comprising 3,500 members. In 1982, the Taiwan government started construction on the island, saying it planned to build a fish-canning factory to promote the local economy. In fact, the factory was a storage facility for nuclear

waste, accepting regularly delivered waste from nuclear power plants

in Taiwan. •

•

The blatant deceit with which the storage facility was imposed on •

•

the Tao and the severe impact that nuclear waste could have on such • •

• a small community immediately ignited a sharp response from both •

• 227

• 228 moval of the waste. Resentment and despair is widespread on the on widespread is despair and Resentment waste. the of moval •

•

• , without any serious plans for refor plans serious any without , ” Committee Removal Storage

“ •

• and a and ” Committee Rebuilding Community “

by the government, a a government, the by •

•

with the Nuclear Waste Storage Facility and two committees set up set committees two and Facility Storage Waste Nuclear the with •

After protesting for years, the island and the Tao people are left are people Tao the and island the years, for protesting After

forever.

the island by giving every resident 1 million NT$ to keep them quiet them keep to NT$ million 1 resident every giving by island the

rageously proposed that the Taiwan government should should government Taiwan the that proposed rageously ” up buy “

but money. Some non-indigenous parliamentary members even out- even members parliamentary non-indigenous Some money. but

as immoral because their demonstrations were asking for nothing for asking were demonstrations their because immoral as

accepted payment became a curse on them. They were condemned were They them. on curse a became payment accepted

paid for being cheated. The fact that the Tao people had at one point one at had people Tao the that fact The cheated. being for paid

the indigenous communities boiled over and the Tao refused to be to refused Tao the and over boiled communities indigenous the

ore the resentment of resentment the ore bef illion), m 8,5 US$ (approx. NT$ billion 3 to

had amounted had ’ compensation ’ The paid. being longer no is Taipower

formerly paid by paid formerly ” compensation “ the while place in remains waste

from the island. Without any effective lease to the land, the nuclear the land, the to lease effective any Without island. the from

power followed through on their obligations to remove the waste the remove to obligations their on through followed power

No contract was renewed, but neither the government nor Tai- nor government the neither but renewed, was contract No

possibility of renewing the storage contract. storage the renewing of possibility

there to give further assurances, but some went there looking for the for looking there went some but assurances, further give to there

ficer of Taipower Company, visited the island. Some of them went them of Some island. the visited Company, Taipower of ficer

dent to related cabinet members, including the Chief Executive Of- Executive Chief the including members, cabinet related to dent

s email accounts. Government officials, from the Presi- the from officials, Government accounts. email s ’ people up

the timetable of the removal; and emails pleading the cause filling cause the pleading emails and removal; the of timetable the

cessfully urging his boss to lobby related administrative offices on offices administrative related lobby to boss his urging cessfully

trip; a Tao assistant of an indigenous parliamentary member suc- member parliamentary indigenous an of assistant Tao a trip;

student trying to hand a plea to President Chen during a school field school a during Chen President to plea a hand to trying student

ment to honor its obligations. Examples include an elementary school elementary an include Examples obligations. its honor to ment

possible way to express their determination and to force the govern- the force to and determination their express to way possible

Since the beginning of 2002, the Tao people have tried every tried have people Tao the 2002, of beginning the Since

permanent storage site. storage permanent

by the beginning of 2003, the government had still not identified a identified not still had government the 2003, of beginning the by

remove all waste from the island by the end of 2002. Nevertheless, 2002. of end the by island the from waste all remove

ped delivering nuclear waste in the mid-1990s and promised to promised and mid-1990s the in waste nuclear delivering ped

domestic and international pressure, the Taiwan government stop- government Taiwan the pressure, international and domestic

Working Group on Indigenous Peoples (UNWGIP). Faced with such with Faced (UNWGIP). Peoples Indigenous on Group Working

the Taiwan indigenous community made a statement to the UN the to statement a made community indigenous Taiwan the

tion was focused on the Tao nuclear issue when a representative of representative a when issue nuclear Tao the on focused was tion

protests organized by the Tao people. In 1994, international atten- international 1994, In people. Tao the by organized protests

enous and non-indigenous communities supported the large-scale the supported communities non-indigenous and enous indigenous and non-indigenous intellectuals. Activists from indig- from Activists intellectuals. non-indigenous and indigenous 1. Yu-shan National Park

2 2. Shei-pa National 3 Park 3. Taroko 1 National Park

Lanyu Island

island, and it is likely that 2003 will see concrete measures by the Tao to force the government and Taipower to honor their obligations. By the end of 2002, the Tao people had managed to organize a “Tao People’s Counsel” to represent them in negotiations with the government. At the very beginning of 2003, the counsel called for a campaign to protest against Taipower for failing to remove all nuclear waste before the end of 2002. The Tao struggle continues.

Objectifying indigenous identity through “eco-tourism”

The 2002 International Year of Eco-tourism planned by the Taiwan government was intended to encourage travel in indigenous areas. As with other commercial activities in indigenous areas, local indigenous peoples are usually not the greatest beneficiaries of such activities. They are, on the contrary, very likely to become those who have to deal with all the accompanying unpleasant by-products of tourism. The eastern part of Taiwan is home to the largest indigenous

community, known as the Pangcah. Its population is widely scattered

and the tradition is for each village to hold its annual ceremonies in •

•

summer. The local county governments have long turned these cer- •

•

emonies into the biggest attraction during the peak tourist season, • •

• and the local tourist offices have tried to ensure that the dates of the •

• 229

• 230 national park, in order to keep the loggers from cutting down more down cutting from loggers the keep to order in park, national • •

• logged. In response, they campaigned for the establishment of a new a of establishment the for campaigned they response, In logged. •

•

department was allowing an ancient natural cypress forest to be to forest cypress natural ancient an allowing was department •

•

came about in 1998, when environmentalists found that a government a that found environmentalists when 1998, in about came •

The proposal to set up a new national park in the Maqaw area first area Maqaw the in park national new a up set to proposal The

Struggling for self-government: the Maqaw case Maqaw the self-government: for Struggling

come the next prisoner of the capitalist tourist market tourist capitalist the of prisoner next the come

cheap souvenir producers. Now, indigenous human images have be- have images human indigenous Now, producers. souvenir cheap

indigenous traditional artistic patterns and graphics were adopted by adopted were graphics and patterns artistic traditional indigenous

fication of indigenous peoples to meet the greed for novelties. First, novelties. for greed the meet to peoples indigenous of fication

, there has been an objecti- an been has there , ” eco-tourism “ promoting in that, seems It

members.

participation in the contest all but irresistible for individual Cou individual for irresistible but all contest the in participation

where 800NT$ is plenty for weekly expenses) for winners, making winners, for expenses) weekly for plenty is 800NT$ where

contest offered an incredibly high prize (600,000 NT$ in an area an in NT$ (600,000 prize high incredibly an offered contest

Sponsored by non-indigenous businessmen involved in to in involved businessmen non-indigenous by Sponsored urism, the urism,

. ” beauty and warrior Cou “ for contest a held and pattern this followed

the county where the Cou community is located, the local government local the located, is community Cou the where county the

tourism, ignoring all controversy around beauty contests. In Chiayi, In contests. beauty around controversy all ignoring tourism,

contest to help promote help to contest ” Pangcah Miss “ a held ’ governments county

increasing GNP without paying a minimum of respect. The local The respect. of minimum a paying without GNP increasing

s attitude towards using indigenous ceremonies as a way of way a as ceremonies indigenous using towards attitude s ’ ment

What happened in Cepolan is not the only example of the govern- the of example only the not is Cepolan in happened What

subsidy.

sary preparations for the sake of their ancestors and not for the paltry the for not and ancestors their of sake the for preparations sary

leave, making sure he understood that the villagers did all the neces- the all did villagers the that understood he sure making leave,

miliated and angry, villagers in Cepolan forced the tourist official to official tourist the forced Cepolan in villagers angry, and miliated

trash and even asking the young villagers not to dye their hair. Hu- hair. their dye to not villagers young the asking even and trash

, telling people to sweep the floor, pick up pick floor, the sweep to people telling , ” examinations sanitary “

people to the villages a few days before the ceremony to carry out carry to ceremony the before days few a villages the to people

In 2002, however, the local tourist offices did even more. They sent They more. even did offices tourist local the however, 2002, In

to avoid interruptions caused by large crowds of tourists. of crowds large by caused interruptions avoid to

with such arrangements gave the dates of the less important rituals important less the of dates the gave arrangements such with

ceremonies in the passport. Villages that have experience of dealing of experience have that Villages passport. the in ceremonies

with some subsidies for the ceremonies, and printed the date of their of date the printed and ceremonies, the for subsidies some with

port as a marketing strategy. They also provided the famous villages famous the provided also They strategy. marketing a as port

these offices organized different activities and issued a tourist pass- tourist a issued and activities different organized offices these

them one by one, thereby maximizing the possible profit. In 2001, In profit. possible the maximizing thereby one, by one them different village ceremonies do not coincide, so that tourists can visit can tourists that so coincide, not do ceremonies village different precious wood. The local indigenous community was against such a proposal, as a result of the always uneasy relationship between the national park office and indigenous communities. Three of the six existing national parks (Yu-shan, Shei-pa, Taroko) in Taiwan are located on indigenous ancestral land, and the indigenous inhabitants in the national park areas are prohibited from maintaining their subsistence economy. All hunting and gathering activities are taken as criminal offenses. Opposition to national parks has long been a fundamental tenet of indigenous activism. As a result, indigenous communities established themselves as pro-forest conservation but against creating a national park. Environmentalists sought for mutual understanding and support from the indigenous communities, proposing a new initiative of ’co- management’ on the part of both local indigenous communities and the government. Some indigenous activists regarded this proposal as a basis for the ongoing campaign for indigenous self-government, and agreed to negotiate with the environmentalist organizations. This resulted in significant agreements. Firstly, they renamed the national park “Maqaw”, using the word that refers to the area in the local language. Secondly, they proposed a new national park, under the co- management of local indigenous communities and the government. In his May 2000 inauguration ceremony, President Chen announced his determination to set up the Maqaw national park. 2002 was a big year for the Maqaw campaign. Although some indigenous activists support the campaign, not all related communities are convinced that the promised ideal of co-management will be realised. There was harsh debate within the indigenous community at the beginning of the year. In general, the villages less influenced by modern political and economic structures have more confidence in their own ability to contribute to a practical co-management agenda. Those villages that are more incorporated into modern systems have developed some vital linkages with the loggers, and are hesitant to return to traditional ways of living. Another influential factor was that an indigenous parliamentary member took the lead in the anti-national park campaign. Kao-Chin, daughter of a Han settler and a Tayal woman, did not claim her official indigenous identity before running for election to the parlia-

ment. As a former singer and actress, however, it was easy for her to

attract media attention. She soon became the mouthpiece of her Tayal •

•

people. •

•

To some Tayal elders, Kao-Chin’s performance as a spokesperson • •

• was disturbing. Being brought up away from the community, Kao- •

• 231

• 232 is generally reluctant to insist on radical positions for indigenous for positions radical on insist to reluctant generally is • •

• The change, however, was not made by the APC itself. The APC The itself. APC the by made not was however, change, The •

•

erogeneity between different indigenous communities. indigenous different between erogeneity •

•

Indigenous Self-government Act, which allows great flexibility for het- for flexibility great allows which Act, Self-government Indigenous •

Executive Yuan Board, the APC came out with a second version of the of version second a with out came APC the Board, Yuan Executive

s astonishment, however, a few days before the draft was sent to the to sent was draft the before days few a however, astonishment, s ’ ple

original draft, although the framework remained the same. To the peo- the To same. the remained framework the although draft, original

related ministries. The APC then came out with a shortened edition of the of edition shortened a with out came then APC The ministries. related

ministers for advice on revisions, and renegotiated certain articles with articles certain renegotiated and revisions, on advice for ministers

work of the draft. Before the final draft was settled, the APC sent it to other to it sent APC the settled, was draft final the Before draft. the of work

Although the criticisms persisted, the APC did not change the frame- the change not did APC the persisted, criticisms the Although

fore cause greater assimilation. greater cause fore

ditional political and social infrastructure, and adopting it could there- could it adopting and infrastructure, social and political ditional

within indigenous communities because it paid little attention to tra- to attention little paid it because communities indigenous within

Yuan, started drafting the act in 2000. The draft was highly contested highly was draft The 2000. in act the drafting started

est administrative body for indigenous affairs under the Executive the under affairs indigenous for body administrative est

Self-government Act. The Aboriginal Peoples Council (APC), the high- the (APC), Council Peoples Aboriginal The Act. Self-government

about indigenous self-governance is the enactment of an Indigenous an of enactment the is self-governance indigenous about

s promise to bring to promise s ’ Chen President in announced item agenda Another

Changes in draft law on indigenous self-governance indigenous on law draft in Changes

ing the path to self-governance. to path the ing

reveal a more insightful perspective on the upcoming challenges fac- challenges upcoming the on perspective insightful more a reveal

ment experiment. Nevertheless, the conflicts derived from the debate the from derived conflicts the Nevertheless, experiment. ment

ment initiative of the Maqaw may be only a small-scale self-govern- small-scale a only be may Maqaw the of initiative ment

placed within the context of cross-strait relations. The co-manage- The relations. cross-strait of context the within placed

to market economy in the context of globalization, and is frequently is and globalization, of context the in economy market to

its colonial legacy and the transformation from subsistence economy subsistence from transformation the and legacy colonial its

governance. The current indigenous society is a hybrid, influenced by influenced hybrid, a is society indigenous current The governance.

critical issues that are unavoidable in the struggle for indigenous self- indigenous for struggle the in unavoidable are that issues critical

structure of a national park. At the same time, it sheds light on some on light sheds it time, same the At park. national a of structure

thought on the promotion of a co-management system under the under system co-management a of promotion the on thought

The positive aspect is that this intriguing situation inspires more inspires situation intriguing this that is aspect positive The

For these reasons, the debate has become much more complicated. more much become has debate the reasons, these For

dates as being capable of representing any indigenous communities. indigenous any representing of capable being as dates

all indigenous inhabitants the same and considers indigenous candi- indigenous considers and same the inhabitants indigenous all

assign representatives based on community affiliation but rather treats rather but affiliation community on based representatives assign

toral system for indigenous parliamentary members, which does not does which members, parliamentary indigenous for system toral

Tayal community. She entered parliament only by the distorted elec- distorted the by only parliament entered She community. Tayal

s election was not based on recognition and respect from the from respect and recognition on based not was election s ’ Chin rights. The dramatic change was apparently the result of a phone call from an influential non-indigenous government member, asking the APC to come out with a more radical draft on self-governance. The APC then sent both versions to the Executive Yuan Board, and the second version was adopted at the preliminary examination. This ironic development is positive to some extent, in that it allows greater freedom for indigenous communities to set up a government system that is more akin to their traditional practice. But the underlying difficulties should be addressed with great care. Such a system will inevitably result in more conflict with the existing local government system, and will require more efforts in negotiating with all related ministries. Such negotiations are never easy, and seem to be even more difficult in this case since the second version is the one that other ministries had never been informed of, let alone been given an opportunity to negotiate. If the Executive Yuan Board does adopt this second version, doubts and questions will inevitably be raised. The burden of negotiation will be on the APC, which has never been competitive in inter-ministry negotiations. The workload of negotiation will be impossible for either the APC or the indigenous communities to afford. ❑

Note

1 The Executive Yuan is the administrative body of the government. The Executive Yuan Board is the decision-making body of the Executive Yuan.

PHILIPPINES

he Philippines is the only Asian country to have officially adopted T the term “indigenous peoples”. According to estimates of the

National Commission on Indigenous Peoples (NCIP), between 12 and

15 million of the total population of 70 million are indigenous. •

•

Roughly 60% of them live in southern island Mindanao, a third on the • •

•

main island Luzon in the north, and the rest scattered over the other •

• islands of the archipelago. In October 1997, the Philippine govern- •

• 233

• 234 Arroyo and now president of oil giant Petron Corp. Petron giant oil of president now and Arroyo • •

• this case. Nicasio is also an appointee of President Gloria Macapagal- Gloria President of appointee an also is Nicasio case. this •

•

Public Estates Authority (PEA) Chair Tomas Alcantara, is involved in involved is Alcantara, Tomas Chair (PEA) Authority Estates Public •

•

picion is the fact that Nicasio Alcantara, brother of newly appointed newly of brother Alcantara, Nicasio that fact the is picion •

that Gozun should be questioning these decisions. What raises sus- raises What decisions. these questioning be should Gozun that

ment in favor of the indigenous communities. It is puzzling, therefore, puzzling, is It communities. indigenous the of favor in ment

Supreme Court have all rendered decisions canceling the lease agree- lease the canceling decisions rendered all have Court Supreme

Settlement of Land Problems (Coslap), the Court of Appeals and the and Appeals of Court the (Coslap), Problems Land of Settlement

they have been struggling to regain the land. The Commission on Commission The land. the regain to struggling been have they

has already benefited from the said land for the past 30 years while years 30 past the for land said the from benefited already has

said land. According to the leaders of the communities, the Alcantara the communities, the of leaders the to According land. said

Group, which had a Forest Land Grazing Agreement (FLGA) over the over (FLGA) Agreement Grazing Land Forest a had which Group,

It appears that this call for review is in connection with the Alcantara the with connection in is review for call this that appears It

ownership of 923 hectares of land. of hectares 923 of ownership ’ communities indigenous the ing

review of the validity of a July 2001 Supreme Court decision recogniz- decision Court Supreme 2001 July a of validity the of review

sources (DENR) Secretary Gozun in January 2003. She called for a for called She 2003. January in Gozun Secretary (DENR) sources

bato, Mindanao, by Department of Environment and Natural Re- Natural and Environment of Department by Mindanao, bato,

communities in Barrio Apopong, General Santos City, South Coto- South City, Santos General Apopong, Barrio in communities

sion of the distribution of lands to the Maguindanaoan and B and Maguindanaoan the to lands of distribution the of sion laan ’

their advantage. One most revealing recent example was the suspen- the was example recent revealing most One advantage. their

to block the implementation of IPRA or succeed in manipulating it to it manipulating in succeed or IPRA of implementation the block to

Powerful vested interests, especially at local level, either manage either level, local at especially interests, vested Powerful

is in the process of a thorough internal re-organisation. internal thorough a of process the in is

from all the indigenous peoples of the country. Furthermore, the NCIP the Furthermore, country. the of peoples indigenous the all from

a multi-layered institution, is supposed to comprise indigenous leaders indigenous comprise to supposed is institution, multi-layered a

for the establishment and operation of the Consultative Body which, as which, Body Consultative the of operation and establishment the for

finally drafted guidelines for surveying Ancestral Domains, as well as well as Domains, Ancestral surveying for guidelines drafted finally

NCIP chairmanship of Atty. Rueben Dasay Lingating, the NCIP has NCIP the Lingating, Dasay Rueben Atty. of chairmanship NCIP

optimism as several important steps have been taken. Under the new the Under taken. been have steps important several as optimism

Compared to the previous year, however, there is more reason for reason more is there however, year, previous the to Compared 2002).

s article on the Philippines (the (the Philippines the on article s ’ year last in Indigenous World 2001- World Indigenous

to be faced with a host of internal and external problems, as described as problems, external and internal of host a with faced be to

The National Commission on Indigenous Peoples (NCIP) continues (NCIP) Peoples Indigenous on Commission National The

Implementation of IPRA of Implementation

tation of IPRA still remains to be seen. be to remains still IPRA of tation

However, more than five years after its promulgation, full implemen- full promulgation, its after years five than more However,

state must recognize and promote the rights of indigenous peoples. indigenous of rights the promote and recognize must state

as mandated by the Constitutional Provision, by which the Philippine the which by Provision, Constitutional the by mandated as

sed the comprehensive Indigenous Peoples Rights Act (IPRA) Act Rights Peoples Indigenous comprehensive the sed pas ment Conflicting laws are a major obstacle to a fully- Philippines fledged implementation of IPRA, such as the Na- tional Integrated Pro- tected Areas Act and the Mining Act. On April 23, 2003, however, considering initiatives by which to harmonize the IPRA with environmental laws, the Department of Environment and Natu- ral Resources (DENR), by way of memorandum, ordered the suspension of all issuances of licenses, resource use permits and clearances within areas covered by a Certificate of Ancestral Domain Claim (CADC) or Certificate of Ancestral Land Claim (CALC). The memo stated that no resource utilization instruments or clearances would be issued prior to issuance of Free and Prior Informed Consent (FPIC) statements from the communities involved. Appropriate coordination also had to be made with the NCIP office. In the same memo, the regional directors were also enjoined to submit a list of the status of licenses, permits and clearances within ancestral domains by May 15. On face value, it is an important memo and supports IPRA section 59 on the certification pre-condition. It is significant as a regulatory tool, especially for forest concessions managed by outsiders or the government, or for large-scale projects intended to operate within ancestral domains. But the memo covers all permits and licenses, which means that even forest concessions owned or managed by indigenous people would also be subject to the stringent FPIC measures of NCIP Administrative Order number 3. The indigenous already

find it very difficult and costly to acquire forest concessions (for rattan,

almaciga resin, etc.). The memo therefore needs certain qualifications •

•

in order to avoid making it even harder for indigenous people to •

•

exercise their rights over the management of their domains and uti- • •

• lization of the forest products found within them. •

• 235

• 236 Secretary Angelo Reyes told indigenous leaders in a meeting in Davao in meeting a in leaders indigenous told Reyes Angelo Secretary • •

• (CAFGUs), the notorious vigilante units. In early April 2003, Defense 2003, April early In units. vigilante notorious the (CAFGUs), •

•

and as members of the Citizens Armed Forces Geographical Units Geographical Forces Armed Citizens the of members as and •

•

mined to draft Lumad into military service both as regular soldiers regular as both service military into Lumad draft to mined •

news reports, the Armed Forces of the Philippines (AFP) are deter- are (AFP) Philippines the of Forces Armed the reports, news

appear to have been drawn into the war in a new way. According to According way. new a in war the into drawn been have to appear

guerilla. In a most worrying recent development, the Lumad now Lumad the development, recent worrying most a In guerilla.

and the war against the communist the against war the and ” rebels Muslim “ against war

selves caught up in the two wars that have ravaged Mindanao: the Mindanao: ravaged have that wars two the in up caught selves

For many decades, the Lumad of Mindanao have found them- found have Mindanao of Lumad the decades, many For

by the NPA or being communist front organizations. front communist being or NPA the by

Resource Centre (LRC) and others, have been accused of being infiltrated being of accused been have others, and (LRC) Centre Resource

rights, such as the Legal Rights and Natural and Rights Legal the as such rights, ’ peoples indigenous of

and legal aid organizations who are also known to be stout defenders stout be to known also are who organizations aid legal and

Philippines has joined in. Well-renowned human rights, humanitarian rights, human Well-renowned in. joined has Philippines

being rapidly eroded in the wake of the so-called anti-terrorism war the war anti-terrorism so-called the of wake the in eroded rapidly being

worried as they already observe democratic principles and human rights human and principles democratic observe already they as worried

of an anti-terrorism bill. Human rights organizations are extremely are organizations rights Human bill. anti-terrorism an of

reports in early 2003, the government is trying to speed up the passing the up speed to trying is government the 2003, early in reports

of the Communist Party of the Philippines. According to newspaper to According Philippines. the of Party Communist the of

to crush the MILF and the New Peoples Army (NPA), the armed wing armed the (NPA), Army Peoples New the and MILF the crush to

is accused of trying to take advantage of the international international the of advantage take to trying of accused is ” terror on war “

iron-fist policy in Mindanao, both at home and abroad. The government The abroad. and home at both Mindanao, in policy iron-fist

tary assistance. Macapagal-Arroyo is being heavily criticized for her for criticized heavily being is Macapagal-Arroyo assistance. tary

Macapagal-Arroyo received the assurance of 126 million dollars of mili- of dollars million 126 of assurance the received Macapagal-Arroyo

quickly to Philippine requests for military equipment, and President and equipment, military for requests Philippine to quickly

special non-NATO ally, allowing the United States to respond more respond to States United the allowing ally, non-NATO special

. US President Bush in return called the Philippines a Philippines the called return in Bush President US . ” in live to us of

ship and engagement with the US make the world a safer place for all for place safer a world the make US the with engagement and ship

led anti-terrorism coalition and stated that that stated and coalition anti-terrorism led we believe that US leader- US that believe we “

the USA, President Macapagal-Arroyo reaffirmed her support of the US the of support her reaffirmed Macapagal-Arroyo President USA, the

the broader war against terrorism. In her state visit of late May 2003 to 2003 May late of visit state her In terrorism. against war broader the

The government sees the new offensive against the MILF as part of part as MILF the against offensive new the sees government The

living now under dire conditions in evacuation centers. evacuation in conditions dire under now living

indigenous, generally known as Lumad, have been displaced, many displaced, been have Lumad, as known generally indigenous,

more than 350,000 people, and among them a disproportional share of share disproportional a them among and people, 350,000 than more

embedded terrorist cells terrorist embedded “ of bing . According to government sources, government to According . ”

Mindanao. President Gloria Macapagal-Arroyo even ordered the bom- the ordered even Macapagal-Arroyo Gloria President Mindanao.

the Moro Islamic Liberation Front (MILF) erupted again in Central in again erupted (MILF) Front Liberation Islamic Moro the

In February 2003, the war between the Philippine armed forces and forces armed Philippine the between war the 2003, February In The War in Mindanao in War The City that the AFP would lower its education and height recruitments to accommodate high school graduates shorter than five feet and four inches. The AFP is even contemplating the idea of creating special units of battalion or company size composed entirely of Lumad. In- digenous organizations and their supporters are strongly opposed to such plans since the Lumad would be drawn even deeper into - and suffer even more from - a war that is not theirs. Only recently, three local government officials in an indigenous community in Tulunan who joined the CAFGUs were publicly executed by the NPA.

Ongoing struggle against development aggression

In April this year, the people of Sinakbat, Bakun Benguet in the Cor- dillera scored a major victory in their struggle to stop the drilling of a tunnel under their land for the Bakun AC project. This project is intended to divert water in order to supplement the water source for increased energy output from the existing Bakun mini-hydro plants. Because of the determination and consistent opposition of the people of Sinakbat to this project, which would potentially drain their water source, Pacific Hydro and HEDCOR, the project proponents, have decided to withdraw the project from their area, after two years of trying to convince the affected communities to give their consent. The people of Sinakbat have been supported by the Cordillera Peoples Alliance, which has brought their concern to the attention of the possible funder of this project. In February this year, more than 1,300 mine workers (mostly indigenous workers from the different provinces of the Cordillera) of the Lepanto Consolidated Mining Company (LCMC) staged a month- long strike, resulting in the granting of their legitimate demands for better working conditions and benefits. In spite of military harassment, intimidation and the forceful dismantling of their picket lines, alongside an order to return to work, the workers and their families continued to block the different entry points to the mine sites. This action of the workers and their families paralyzed the operation of LCMC, causing them millions in losses. The only strike of Lepanto workers prior to this was 52 years ago, when a demand for the right

to form a union was also successful.

Also in February this year, the communities near the Abra River •

•

formed a coalition to wage a campaign to stop the pollution of their •

•

sacred river by the Lepanto Consolidated Mining Company (LCMC). • •

• LCMC has been operating for more than 60 years, and had been •

• 237

• 238 In its desperate attempt to comply with social acceptability re- acceptability social with comply to attempt desperate its In • •

•

is also the source of spring water for the community there. community the for water spring of source the also is •

• wan and wan ’

NCIP. Mt. Gotok in Barangay Iwahig is sacred to the Pala the to sacred is Iwahig Barangay in Gotok Mt. NCIP. •

•

applied for a Certificate of Ancestral Domain Title (CADT) with the with (CADT) Title Domain Ancestral of Certificate a for applied •

validating title held since time-immemorial. The IP community has community IP The time-immemorial. since held title validating

dence supports the perspective that a certificate is only a means of means a only is certificate a that perspective the supports dence

IPRA law recognizes time-immemorial possession and jurispru- and possession time-immemorial recognizes law IPRA

establish their ancestral domain title or claim over such area. The area. such over claim or title domain ancestral their establish

term occupancy and beneficial use of the area are sufficient to sufficient are area the of use beneficial and occupancy term

s prior and long- and prior s ’ community wan ’ Pala the claim, s ’ proponent the

doval, has no certificate of any kind to prove its claim. Contrary to Contrary claim. its prove to kind any of certificate no has doval,

community of Sitio Gotok, bordering Barangay Iwahig and San- and Iwahig Barangay bordering Gotok, Sitio of community

RTN disputes their claim on the grounds that the Pala the that grounds the on claim their disputes RTN wan ’

asserting their ancestral rights over their domain. their over rights ancestral their asserting

of the proposed Hydrometallurgical Processing Plant (HPP) and are and (HPP) Plant Processing Hydrometallurgical proposed the of

have long occupied the land forming part of the proposed quarry site quarry proposed the of part forming land the occupied long have

wan indigenous community indigenous wan ’ Pala the of families 30 than More fected.

fields, etc.) those of Barangay Iwahig and Sandoval are the most af- most the are Sandoval and Iwahig Barangay of those etc.) fields,

operations (ranging from health problems to siltation in agricultural in siltation to problems health from (ranging operations

Philippine State) and an estimated 500 families are affected by RTN by affected are families 500 estimated an and State) Philippine s ’

Although eight barangays (the smallest administrative unit of the of unit administrative smallest (the barangays eight Although

involves removing the vegetation, soil, and rock layers to obtain minerals. obtain to layers rock and soil, vegetation, the removing involves

nickel silicate ore to Japan. It uses the surface strip-mining method, which method, strip-mining surface the uses It Japan. to ore silicate nickel

Bataraza in mining, production and export shipment of beneficiated of shipment export and production mining, in Bataraza

that has been in operation since 1967, engaged in Barangay Rio Tuba, Rio Barangay in engaged 1967, since operation in been has that

Japanese Rio Tuba Nickel Mining Corporation (RTN) is one company one is (RTN) Corporation Mining Nickel Tuba Rio Japanese

ing in this pristine island for more than three decades. The Filipino- The decades. three than more for island pristine this in ing

mentally significant area, extractive, commercial mining has been ongo- been has mining commercial extractive, area, significant mentally

Despite the fact that, in legislation, legislation, in that, fact the Despite is considered an environ- an considered is Palawan

the river, along with contaminated rice fields. rice contaminated with along river, the

from exposure to the fumes from the polluted river or immersion in immersion or river polluted the from fumes the to exposure from

skin diseases, chest pains, cough, nasal and eye irritation resulting irritation eye and nasal cough, pains, chest diseases, skin

people have been experiencing serious health problems, such as such problems, health serious experiencing been have people

losses of aquatic, plant and bird life are great. Likewise, the affected the Likewise, great. are life bird and plant aquatic, of losses

agricultural lands have already been damaged by siltation, and siltation, by damaged been already have lands agricultural

s toxic waste disposal. More than 1,000 hectares of hectares 1,000 than More disposal. waste toxic s ’ LCMC to due

of the EIM illustrate the the illustrate EIM the of level of serious pollution of the Abra River Abra the of pollution serious of level

coming from academic, medical and NGO backgrounds. The findings The backgrounds. NGO and medical academic, from coming

(EIM) was conducted in September 2002 by more than 60 participants 60 than more by 2002 September in conducted was (EIM)

through into the Abra river. An Environmental Investigative Mission Investigative Environmental An river. Abra the into through

years before it built tailings dams. But mine waste is still seeping still is waste mine But dams. tailings built it before years dumping its toxic waste directly into the Abra river for more than 40 than more for river Abra the into directly waste toxic its dumping quirements under existing laws, the RTN secured the signatures of tribal chieftains representing various indigenous communities in the municipality of Bataraza. The manner by which such signatures were secured, however, is highly questionable considering that the community leaders were not fully aware of the nature, components and impact of the HPP project. The petition signed by the tribal chieftains is not in accord with the requirements of Free and Prior Informed Consent (FPIC). Under the IPRA law, FPIC means a consensus of all members of the indigenous communities, to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community. A Senate inquiry has since been launched and an investigation team with members from the NCIP and the DENR is studying the case and the Environmental Compliance Certificate that was granted to RTN for the HPP project. ❑

Source

Environmental Legal Assistance Center (ELAC) Palawan – Position.

TIMOR LOROSA’E

n 20 May 2002, the independence of Timor Lorosa’e was cel- O ebrated in Dili and all over the country and, on 27 September, the country became the 191st member of the UN. Prior to these important events, a Constitution was finalized in March 2002 and, in April, the presidential elections were won by Xanana Gusmão, the supreme commander of Falintil (the armed resistance) for more than ten years until he was captured by the Indonesians in 1992.

The new Constitution1 •

•

The Constitution is the product of a joint national and international •

•

effort, in which the direct involvement of the United Nations is par- • •

• 239

• 240 gue and Japanese encephalitis, which are endemic. For every 1,000 every For endemic. are which encephalitis, Japanese and gue • •

• high incidence of disease, particularly tuberculosis, malaria, den- malaria, tuberculosis, particularly disease, of incidence high •

•

especially among the youth of Dili. Coupled with this, there is a is there this, with Coupled Dili. of youth the among especially •

•

cent, life expectancy is 57 years and there is high unemployment, high is there and years 57 is expectancy life cent, •

poverty line of US 55 cents a day. The literacy rate is around 40 per 40 around is rate literacy The day. a cents 55 US of line poverty

2001, with more than 40 per cent of the population living below a below living population the of cent per 40 than more with 2001,

tion of approximately 750,000, per capita GDP was US$ 378 in 378 US$ was GDP capita per 750,000, approximately of tion

number of serious social and economic problems. With a popula- a With problems. economic and social serious of number

there is not so much to rejoice about. Timor Lorosa Timor about. rejoice to much so not is there e faces a large a faces e ’

But apart from these important steps towards nation building, nation towards steps important these from apart But

Serious problems Serious

occupation.

Ramos-Horta both lived in exile during the Indonesian the during exile in lived both Ramos-Horta é Jos and

Prize winner in 1996 together with Bishop Carlos Belo. Mari Alkatiri Mari Belo. Carlos Bishop with together 1996 in winner Prize

sentative from the same short-lived first Republic, and a Nobel Peace Nobel a and Republic, first short-lived same the from sentative

Ramos-Horta, former UN repre- UN former Ramos-Horta, é Jos is Minister Foreign The 1975).

fairs in the first Republic of East Timor (28 November - 7 December 7 - November (28 Timor East of Republic first the in fairs

s small Muslim community and Minister for External Af- External for Minister and community Muslim small s ’ e ’ Lorosa

med. The Prime Minister is Mari Alkatiri, a representative of Timor of representative a Alkatiri, Mari is Minister Prime The med.

itself into the first national parliament and a government was for- was government a and parliament national first the into itself

:253) transformed :253) (see 2001 August The Indigenous World 2001-2002 World Indigenous The

With independence declared, the Constituent Assembly elected in elected Assembly Constituent the declared, independence With

The new government new The

s many ethnic and linguistic groups. linguistic and ethnic many s ’ country

on local government and no reference is made to the status of the of status the to made is reference no and government local on

make laws if the National Parliament authorizes it; there is nothing is there it; authorizes Parliament National the if laws make

noted some deficiencies: the government has been given the power to power the given been has government the deficiencies: some noted

Observers, while commending the new Constitution, have also have Constitution, new the commending while Observers,

that have a majority in parliament. in majority a have that

only after it has been nominated by the party or the coalition of parties of coalition the or party the by nominated been has it after only

the president appear to be limited. He appoints the government but government the appoints He limited. be to appear president the

and separate elections for president and parliament. The powers of powers The parliament. and president for elections separate and

zens of 17 years and over; proportional representation in parliament; in representation proportional over; and years 17 of zens

system of parliamentary democracy with universal suffrage for citi- for suffrage universal with democracy parliamentary of system

and to modern, individual human rights thinking. It introduces a introduces It thinking. rights human individual modern, to and ticularly noticeable in terms of its commitments to international law international to commitments its of terms in noticeable ticularly births there are 125 deaths, and the maternal mortality rate is 890 per 100,000 births. Malnutrition is rife, with 3-4 per cent of children aged between 6 months and five years diagnosed as acutely malnourished and 20 per cent chronically malnourished.2 In December 2002, Dili experienced the worst riots since independence. Two people were killed and several injured. In addition, there was some material destruction. According to the local NGO La’o Hamutuk:

There was no widespread looting, anarchy or civil disorder in Dili, escalating beyond what the authorities could contain. Rather, a few hundred people were manipulated by dissident political leaders to destroy selected property in an effort to destabilize the government. Responsible public authorities failed to act effectively, and the mob traveled around Dili for several hours, destroying buildings symbolic of the Prime Minister or of the unequal wealth of foreigners... Investigations will determine why the police and PKF [Peace Keep- ing Forces] were unwilling or unable to respond, but it is clear once

again as in December 1975 and September 1999 the international

community has failed in its responsibilities to the people of Timor •

3 •

Lorosa’e. • •

•

• •

• 241

• 242 of war, disease and starvation. It was one of the worst massacres the massacres worst the of one was It starvation. and disease war, of • •

• third of the population before the invasion - lost their lives as a result a as lives their lost - invasion the before population the of third •

•

Timor. During the first ten years, at least 200,000 people - almost one- almost - people 200,000 least at years, ten first the During Timor. •

•

24 years, Indonesia committed a long line of atrocities against East against atrocities of line long a committed Indonesia years, 24 •

e also faces a serious problem in relation to justice. For justice. to relation in problem serious a faces also e ’ Lorosa Timor

A long line of atrocities of line long A

” duties. official their to related actions

. They are immune from civil liability for liability civil from immune are They . ” inviolable “ are property

half-Timorese children they might father. Their homes and personal and homes Their father. might they children half-Timorese

tries, compel them to testify in court, or hold them responsible for any for responsible them hold or court, in testify to them compel tries,

detain them, charge them with crimes, extradite them to other coun- other to them extradite crimes, with them charge them, detain

arrest or arrest … authorities Timorese “ can Nor law. criminal or regulations

civilians working for the Pentagon, from Timorese taxes, contract taxes, Timorese from Pentagon, the for working civilians

law. It also exempts US Embassy personnel, as well as US soldiers and soldiers US as well as personnel, Embassy US exempts also It law.

gives US soldiers diplomatic immunity and places them above the above them places and immunity diplomatic soldiers US gives

(SOFA). SOFA will have wide-ranging consequences as it, in effect, in it, as consequences wide-ranging have will SOFA (SOFA).

October 2002, the two parties signed a Status of Forces Agreement Forces of Status a signed parties two the 2002, October

e and, once again, the Timorese gave in. On 1 On in. gave Timorese the again, once and, e ’ Lorosa Timor from

But this was not enough. The US demanded one more concession more one demanded US The enough. not was this But

e agrees not to send any US government personnel to the ICC. the to personnel government US any send to not agrees e ’ rosa

with the United States, in which Timor Lo- Timor which in States, United the with ” agreement immunity

Article 98 Article “ an signed government s ’ e ’ Lorosa Timor time, same the At

war crimes and crimes against humanity committed since 1 July 2002. July 1 since committed humanity against crimes and crimes war

of Rome establishing a permanent ICC that can hear cases of genocide, of cases hear can that ICC permanent a establishing Rome of

On 12 August 2002, Timor Lorosa Timor 2002, August 12 On s parliament ratified the Treaty the ratified parliament s ’ e ’

” them. advised

wise the US Congress would find it difficult to go on giving aid, he aid, giving on go to difficult it find would Congress US the wise

of the newly established International Criminal Court [ICC]. Other- [ICC]. Court Criminal International established newly the of

ecute US citizens for crimes against humanity under the procedures the under humanity against crimes for citizens US ecute

warning them to give a written promise not to pros- to not promise written a give to them warning … government ing

Powell, before the new state had even been born born been even had state new the before Powell, wrote to the incom- the to wrote “

mentator Jonathan Steele explains how US Secretary of State, Colin State, of Secretary US how explains Steele Jonathan mentator

But some help seems to come with strings attached. British com- British attached. strings with come to seems help some But

being, Timor Lorosa Timor being, e is totally dependent on external help. external on dependent totally is e ’

sound economy but they are far from fully developed. So, for the time the for So, developed. fully from far are they but economy sound

ing, tourism, oil and natural gas). that can provide the basis for a for basis the provide can that gas). natural and oil tourism, ing,

Timor Lorosa Timor e does have some sources of revenue (agriculture, fish- (agriculture, revenue of sources some have does e ’ Help with strings attached strings with Help world has seen since 1945, both in absolute and relative terms, and many observers did not hesitate to use the term genocide to describe Indonesia’s policies. In the following years, human rights violations continued, albeit on a smaller scale. In 1999, the Indonesian military recruited a number of pro-Indo- nesian militias in East Timor in order to terrorize people into voting ’the right way’ in the upcoming referendum on East Timor’s future. When they realized they were going to lose the referendum, they arranged a final explosion of violence. They killed and tortured many people. They raped many women. In addition, they looted, burned and destroyed all over the territory. It was, in the words of American scholar Joseph Nevins, the making of “ground zero” in East Timor.6 All of these crimes were perpetrated by real people. Orders were given by the Indonesian government and they were carried out by the Indonesian military. It would be hard to find a single family in Timor Lorosa’e that was not adversely affected by these events. The Timorese cannot just forgive and forget. They do not want revenge. They understand that the killing has to stop. But they do want justice. Some of those responsible must be held accountable.

A dual approach

To deal with this crucial issue, the Security Council opted for a dual approach using domestic legal systems. Accordingly, the authorities in Jakarta set up an Ad Hoc Human Rights Court on East Timor to prosecute individuals in Indonesia, while UNTAET set up a Serious Crimes Unit to conduct parallel prosecutions in Timor Lorosa’e. Timor Lorosa’e Serious Crimes Unit was established in June 2000 and the first trial began in January 2001. By May 2002, 101 persons had been indicted. Judgment had been handed down against 24 defendants, while a further 22 defendants were being tried or were awaiting trial. The statistics may look good. But the system suffers from serious flaws. In the first place, there is a lack of funds and qualified staff. Secondly, the Serious Crimes Unit can only prosecute people who are in Timor Lorosa’e. Only Timorese and only “small fry” have been indicted. Most of the “big fish” remain outside the

court’s jurisdiction.

Indonesia’s Ad Hoc Human Rights Court did not start its work •

•

until March 2002, and it has a very limited mandate, covering only •

•

three of Timor Lorosa’e’s thirteen districts, and only two months, • •

• April and September 1999, out of a 24-year military occupation. By •

• 243

• 244 their state, even if the state is a relatively small one, is no easy task. easy no is one, small relatively a is state the if even state, their • •

• former Yugoslavia discovered, arresting suspects who are protected by protected are who suspects arresting discovered, Yugoslavia former •

•

would ever be prosecuted. As the International Criminal Tribunal for the for Tribunal Criminal International the As prosecuted. be ever would •

•

existence of an ad hoc tribunal would not ensure that those in Indonesia in those that ensure not would tribunal hoc ad an of existence •

In any event, even the even event, any In … up set be to going realistically is tribunal hoc ad no

country [Indonesia] while it is conducting a war on terrorism, means that means terrorism, on war a conducting is it while [Indonesia] country

s largest Muslim largest s ’ world the antagonize to not desire US the and da,

embarrassing failures of the International Criminal Tribunal for Rwan- for Tribunal Criminal International the of failures embarrassing

The crippling cost of the existing International Criminal Courts, the Courts, Criminal International existing the of cost crippling The

e? There are several reasons, as Sylvia de Bertodano writes: Bertodano de Sylvia as reasons, several are There e? ’ Lorosa

Why do the great powers not want an international tribunal for Timor for tribunal international an want not powers great the do Why

e? ’ Lorosa Timor for justice be there Will

” . ’ future the to looking and past the forgetting ‘ about sense

angering donor governments... Even our own leaders feed us non- us feed leaders own our Even governments... donor angering

... have dropped the demand for an international tribunal for fear of fear for tribunal international an for demand the dropped have ...

Some of our own leaders own our of Some “ development: this denounces also e, ’ Lorosa

Yayasan HAK, an important human rights organisation in Timor in organisation rights human important an HAK, Yayasan

” future. the on

and to concentrate to and ’ reconciliation ‘ for need the stressing instead now,

s plight, they almost never mention it mention never almost they plight, s ’ country their for accountability

have forcefully spoken in the past about the need for far-reaching for need the about past the in spoken forcefully have

Ramos-Horta (now the foreign minister) foreign the (now Ramos-Horta é Jos and president) s ’ country

Although former resistance leaders like Xanana Gusm Xanana like leaders resistance former Although “ o (now the (now o ã

even the leaders of Timor Lorosa Timor of leaders the even e are beginning to change their tune: their change to beginning are e ’

bers of the UN Security Council - do not seem to like this idea, and idea, this like to seem not do - Council Security UN the of bers

s great powers - especially the five permanent mem- permanent five the especially - powers great s ’ world the But

a wide-ranging mandate. wide-ranging a

to the ones set up for Rwanda and the former Yugoslavia, and with and Yugoslavia, former the and Rwanda for up set ones the to

justice. Instead, they are calling for an international tribunal similar tribunal international an for calling are they Instead, justice.

have protested strongly against this way of dealing with the issue of issue the with dealing of way this against strongly protested have

Many human rights organisations inside and outside Timor Lorosa Timor outside and inside organisations rights human Many e ’

The leaders are changing their tune their changing are leaders The

having failed to prevent the violence committed by others. by committed violence the prevent to failed having

one Indonesian officer has so far been found guilty, and then only of only then and guilty, found been far so has officer Indonesian one December 2002, the court had acquitted ten Indonesian officers. Only officers. Indonesian ten acquitted had court the 2002, December She concludes: “The real lesson, perhaps, is this: if a country defies the international community, flouts its commitments and obligations, and protects its criminals, the international community has a harsh choice between using force, and accepting that justice will never be done.” ❑

Notes

1 This section is based on Lars S.Vikør. 2003. How will the country be ruled? East Timor: Nation Building in the 21st Century, ed. Gabriel Jonsson. Stockholm: Center for Pacific Asia Studies, Stockholm University. 2 Thomas, Joe. 2002. HIV Australia. November-December 2002. 3 La’o Hamutuk. “Disorder in East Timor: The International Community Must Accept Responsibility,” 6 December 2002. http//www.etan.org 4 Steele, Jonathan. 2002. “East Timor is independent. So long as it does what it is told.” The Guardian, 23 May 2002. 5 Scheiner, Charles. 2002. “East Timor Puts U.S. Soldiers Above the Law.” Estafeta, vol. 8, no. 1, Winter 2002-2003. Published by ETAN. 6 Nevins, Joseph. 2002. “The Making of ‘Ground Zero’ in East Timor in 1999: An Analysis of International Complicity in Indonesia’s Crimes.” Asian Survey, vol. 42, no. 4, July/August 2002: 623-642. 7 Nevins, Joseph. 2002. “First the Butchery, Then the Flowers: Clinton and Holbrooke in East Timor.” CounterPunch, Vol.9, no.10.16-31 May 2002. 8 Quoted by J. Nevins, ibid. 9 Bertodano, Sylvia de. 2002. Justice for East Timor. Report for the NGO No Peace Without Justice.

East Timor Action Network (ETAN): www.etan.org

INDONESIA

Mobilizing for the elections

here is still one year to go until the general elections of 2004 and • •

•

yet the work of political parties in the regions, districts and sub- •

T •

districts throughout Indonesia is already reflecting this upcoming •

• event. “Internal Consolidation” is the expression used to describe •

• 245 • 246 • • • • •

•

possibility of a military coup. military a of possibility •

are questioning the meaning of this article. They are worried about the about worried are They article. this of meaning the questioning are

. Many people and organizations and people Many . ” situation emergency “ an in ment

Supreme Commander of TNI to take over authority from the govern- the from authority over take to TNI of Commander Supreme

i.e. the debate on Article 19 of the TNI draft bill, which allows the allows which bill, draft TNI the of 19 Article on debate the i.e.

the Law of the State of Emergency cooled down, than a new one arose, one new a than down, cooled Emergency of State the of Law the

or on debate public Undang-Undang Penanggulangan Keadaan Bahaya Bahaya Keadaan Penanggulangan Undang-Undang

No sooner had the had sooner No Forces) Armed National Indonesian (the TNI on . .

munities and the state/government. Another concern is the Draft Bill Draft the is concern Another state/government. the and munities

strated the failure of this approach to settling problems between com- between problems settling to approach this of failure the strated

taken by the government. The Soeharto New Order regime demon- regime Order New Soeharto The government. the by taken

this statement, as well as the effectiveness of the military approach military the of effectiveness the as well as statement, this

a new one, and yet civil society organizations question the truth of truth the question organizations society civil yet and one, new a

or additional troops but only replaced the division in the field with field the in division the replaced only but troops additional or

sian civil society. Military leaders argue that they have not sent new sent not have they that argue leaders Military society. civil sian

The sending of troops to Aceh has raised debate among Indone- among debate raised has Aceh to troops of sending The

and the government. the and

tions will be the only way of settling the problem between the GAM the between problem the settling of way only the be will tions

means that if the GAM does not accept this principle, military opera- military principle, this accept not does GAM the if that means

Indonesia. The option is therefore special autonomy or nothing. This nothing. or autonomy special therefore is option The Indonesia.

negotiation should be based on the fact that Aceh is a province of province a is Aceh that fact the on based be should negotiation

s non-negotiable principles. That is, that all that is, That principles. non-negotiable s ’ government the consider

writing, the government of Indonesia is still offering the GAM time to time GAM the offering still is Indonesia of government the writing,

or Aceh Liberation Movement). At the time of time the At Movement). Liberation Aceh or ( Gerakan Aceh Merdeka Merdeka Aceh Gerakan

ment resources are dedicated to defending the territory from the GAM the from territory the defending to dedicated are resources ment

far more critical than in any other place in Indonesia, and all govern- all and Indonesia, in place other any in than critical more far

situation in Aceh and in Jakarta. At present, the situation in Aceh is Aceh in situation the present, At Jakarta. in and Aceh in situation

National newspapers and the electronic media regularly expose the expose regularly media electronic the and newspapers National

The situation in Aceh in situation The

could very well be categorized as political campaigning. political as categorized be well very could

of some political parties that is taking place at the moment the at place taking is that parties political some of ” work

not yet decided the timeframe for the political campaign, the the campaign, political the for timeframe the decided yet not field “

the starting time starting the . This means that, even though the government has government the though even that, means This . ”

describe the activities of political parties in some regions as as regions some in parties political of activities the describe stealing “

mass mobilization mass “ as work . The electronic and printed media often media printed and electronic The . ” these activities but sometimes it might be more appropriate to label the label to appropriate more be might it sometimes but activities these

•

• •

• 247

• 248 garai, Kelimutu Ende and Flores Timur). Flores and Ende Kelimutu garai, • •

• local governments, for example, in Flores (in the districts of Mang- of districts the (in Flores in example, for governments, local •

•

given by the government. They have met with a hard response from response hard a with met have They government. the by given •

•

companies (state or private) as forest concessions or other use rights use other or concessions forest as private) or (state companies •

Some communities are now reclaiming land that has been used by used been has that land reclaiming now are communities Some

reflected even more clearly in the cases of land reclaims. land of cases the in clearly more even reflected is bupaten)

The tension between village autonomy and district autonomy ( autonomy district and autonomy village between tension The ka-

political position of of position political Bupati.

and supports the supports and governments local to money of sums large gives tice

Sorong district has been handed over to big corporations. This prac- This corporations. big to over handed been has district Sorong

). Control over forests and land in land and forests over Control ). ( government district the of Bupati

is a concentration of the business sector and the economy in the hands the in economy the and sector business the of concentration a is

the Sorong District, West Papua, shows that what is in fact happening fact in is what that shows Papua, West District, Sorong the

ing local business organizations and infrastructure. The example of example The infrastructure. and organizations business local ing

The focus of local government, however, has been on strengthen- on been has however, government, local of focus The

this.

their organisations, for example, has been working intensively on intensively working been has example, for organisations, their

) an umbrella organization for indigenous peoples and peoples indigenous for organization umbrella an ) Adat Nusantara Adat

been to strengthen local organizations. AMAN ( AMAN organizations. local strengthen to been Aliansi Masyarakat Aliansi

ciety organizations, one of the main concerns of the past months has months past the of concerns main the of one organizations, ciety

mobilization of communities than training as such. For the civil so- civil the For such. as training than communities of mobilization

, which has been seen by some political observers as more a more as observers political some by seen been has which , ” ness

raising political aware- political raising “ on training facilitating been has (PDIP) party

that have been taking place at community/local level. The ruling The level. community/local at place taking been have that

ness and developing local business are some of the training activities training the of some are business local developing and ness

munities. Strengthening local organizations, raising political aware- political raising organizations, local Strengthening munities.

have been trying to collaborate on this issue with the com- the with issue this on collaborate to trying been have – parties

Many groups of people and parties parties and people of groups Many including the current ruling current the including –

No. 22 of 1999. of 22 No.

as part of the broader political and governance reforms offered by Law by offered reforms governance and political broader the of part as

out Indonesia in terms of practising and developing their autonomy their developing and practising of terms in Indonesia out

matters. This is manifested in growing community activities through- activities community growing in manifested is This matters.

communities that they will gain more freedom to regulate their own their regulate to freedom more gain will they that communities

, there is a common expectation in the in expectation common a is there , ” autonomy “ term the of, ings

Although there have been various responses to, and understand- and to, responses various been have there Although

munities have been working on drafting their own village regulations. village own their drafting on working been have munities

West Kalimantan, West Sumatra, South Sulawesi and Bali, the com- the Bali, and Sulawesi South Sumatra, West Kalimantan, West

tutions, including the governmental system. In Lombok, East and East Lombok, In system. governmental the including tutions,

tendency at community level to restructure and reorganize local insti- local reorganize and restructure to level community at tendency

Since the passing of Law No. 22 of 1999, there has been a growing a been has there 1999, of 22 No. Law of passing the Since Village autonomy vs. district autonomy district vs. autonomy Village Another example is Deli in North Sumatra, which has a long history of agrarian conflict. The indigenous peoples’ organization BPRPI (Badan Perjuangan Rakyat Penunggu Indonesia, Struggling Body of In- donesian Peoples) has been struggling for land by reclaiming, policy dialogue and participation in drafting local regulations, but relations with the local government are still very tense. Some land has already been taken back from the government, but this is not an indicator of a successful indigenous struggle for land, since most of it is unpro- ductive, and amounts in total to only a very small part of what BPRPI actually requested. The situation of the indigenous communities has therefore not changed significantly.

New regulations and laws

Many regulations, local (perda) as well as village regulations (perdes) have been issued over the past two years. Bengkayang and Landak in West Kalimantan, Toraja and Luwuk in South Sulawesi, West Lampung and East Lampung in Lampung are all districts that have passed new local regulations. This is probably a sign of freedom and political awareness at local level. More draft bills are waiting to be passed. In one way, this demonstrates the productivity of the Dewan Perwakilan Rakyat (DPR), the House of Representatives, and the government. But the main issue is not one of productivity. It relates to the substance as well as the process of formulating regulations and laws. Is it the peoples’ needs that are stated in the law? Is it the peoples’ demands? How do the government and the DPR (including the DPRD, or district or provincial DPR) carry out the process of formulating the laws and regulations? Civil society organizations therefore question the content of the new laws and regulations. As the main stakeholders, they question the legitimacy of the government and the legislature in their work of establishing new regulations and laws. The Draft bill of the National Education System and Law No. 13 of 2003 on manpower have raised serious debates as to their content. The article on religious education in elementary and high schools emphasizes the obligation of every school to teach religion as a

subject. The teacher should be from the same religion s/he teaches,

i.e. teaching of Catholicism has to be undertaken by a Catholic •

•

teacher, of Islam by a Muslim teacher, etc. Schools that cannot fulfil •

•

this obligation will be fined one million rupiahs (approx. US$ • •

• 12,000). •

• 249

• 250 have been working on this issue through organizational strengthen- organizational through issue this on working been have •

•

• s members and its supporting organizations at local level local at organizations supporting its and members s ’ AMAN •

•

This has created noisy responses in various regions. On the one hand, one the On regions. various in responses noisy created has This •

•

s work of broadening their political participation. political their broadening of work s ’ theme in AMAN in theme •

input into policy-making, and is a central a is and policy-making, into input ’ peoples indigenous for

nesia. The increased political openness presents new opportunities new presents openness political increased The nesia.

movement in Indo- in movement ’ peoples indigenous the developing in role major

Regime, the national umbrella organization AMAN has played a played has AMAN organization umbrella national the Regime,

Since its formation in 1999, after the fall of Soeharto of fall the after 1999, in formation its Since s New Order New s ’

Broadening political participation political Broadening

fairness?

whether a broadcasting station has crossed the boundaries of such of boundaries the crossed has station broadcasting a whether

fairness in information distribution. How then can it be judged be it can then How distribution. information in fairness

nication in Indonesia. The argument is that there is no standard of standard no is there that is argument The Indonesia. in nication

s era, controlling information and commu- and information controlling era, s ’ Soeharto in was Union)

or Indonesia Journalist Indonesia or ( PWI the like Persatuan Wartawan Indonesia Indonesia Wartawan Persatuan

the authority of the KPI, in that it could be a powerful institution just institution powerful a be could it that in KPI, the of authority the

lations. The KPI reports to the DPR. Some people are worried about worried are people Some DPR. the to reports KPI The lations.

ing and to judge which broadcasting stations have broken the regu- the broken have stations broadcasting which judge to and ing

falls within the mandate of the KPI to set the standard of broadcast- of standard the set to KPI the of mandate the within falls

mentation. This has created public debate, particularly because it because particularly debate, public created has This mentation.

Broadcasting Committee, has been established to monitor its imple- its monitor to established been has Committee, Broadcasting

information fairly. The The fairly. information (KPI), Indonesia (KPI), Komite Penyiaran Indonesia Indonesia Penyiaran Komite

of Indonesia; ensuring the unity of the nation; and distributing and nation; the of unity the ensuring Indonesia; of

of the people of Indonesia; increasing the quality of human resou human of quality the increasing Indonesia; of people the of rces

the Constitution of 1945; building and strengthening the moral base moral the strengthening and building 1945; of Constitution the

Pancasila (The Basic Principles of the Republic of Indonesia) and Indonesia) of Republic the of Principles Basic (The Pancasila

states that broadcasting is aimed at: supporting implementation of implementation supporting at: aimed is broadcasting that states

Law No. 32 of 2002 on Broadcasting. Article 5 of Law No. 32 of 2002 of 32 No. Law of 5 Article Broadcasting. on 2002 of 32 No. Law

This issue may be reflected in the passing of Law No. 13 of 2003 and 2003 of 13 No. Law of passing the in reflected be may issue This

included in the new Law or Regulation is another important question. important another is Regulation or Law new the in included

and creates debate. But the extent to which the public interest is interest public the which to extent the But debate. creates and

nism for establishing it as a law or regulation draws public attention public draws regulation or law a as it establishing for nism

of democracy that the process of formulating a draft and the mecha- the and draft a formulating of process the that democracy of

basis among students, citizens and people? It is probably a good sign good a probably is It people? and citizens students, among basis

way to sharpening people sharpening to way s minds as well as building a good moral good a building as well as minds s ’

literature, etc. The question is whether this law will be able to pave the pave to able be will law this whether is question The etc. literature,

of other subjects such as mathematics, biology, economics, history, economics, biology, mathematics, as such subjects other of Many are wondering why there is no article regulating the teaching the regulating article no is there why wondering are Many ing at community level. On the other hand, AMAN has to face its internal weakness in terms of community leaders or individuals who have been working within AMAN only to pursue their personal interest. This has created serious difficulties in AMAN’s preparations for the upcoming elections. Another interesting symptom to observe is that some activists are trying to form political groupings. Some try to become members of Dewan Perwakilan Daerah or the Local Representative Council, while others make efforts to gain good positions within political parties. Some of AMAN’s members are a part of this game. AMAN’s overall preparations for next year’s parliamentary elections therefore include work on consolidation. This means verifica- tion of members, organisational presentation, establishing regional/ local indigenous organisations, strategic planning and selecting representatives to the AMAN Congress in July 2003, to be held in Lom- bok, West Nusa Tenggara. The main objective of this organizational work is to ensure that AMAN will have a strong political bargaining position in the light of the 2004 general elections. It is clear enough that hundreds of political parties now need votes. If indigenous organizations, whether they join in AMAN or not, are well organized and consolidated, they can negotiate their platform with political parties. Put very simply: “We will give our vote to you, but you have to sign an agreement with us to implement our platform when you win or at least struggle for it when you have a position in legislative, executive or jurisdictional institutions.” In local government, this will involve more serious negotiations about natural resource management, indigenous rights, and about recognition of their existence in local regulations. As has been demonstrated, so far the main source of local government income has been natural resource exploitation. Over the last five years, for example, illegal logging has had a more serious impact than ever. This has happened because local government is opening up wide access to forests. The case of Sorong district is an example. Almost all the forest and land in this district have been handed over to the big forest concession holders. Given this reality, indigenous peoples can do nothing but strengthen

their organizations through alliances or other kinds of collaboration

with civil society organizations in order to form a strong pressure •

•

group. This is the minimum target that has been set for 2004. ❑ • •

•

• •

• 251

• 252 Judge urged all concerned to be consistent with current international current with consistent be to concerned all urged Judge • •

• were not extinguished by any law. After reading his decision, the decision, his reading After law. any by extinguished not were •

•

thers and foremothers have occupied and cultivated for many years, many for cultivated and occupied have foremothers and thers •

•

customary and proprietary rights over the land, which their forefa- their which land, the over rights proprietary and customary •

and holders of usufructuary rights to the land. They claimed that their that claimed They land. the to rights usufructuary of holders and

owners of the land by custom, the holders of native titles to the land the to titles native of holders the custom, by land the of owners

The Orang Asli plaintiffs sought a declaration that they are the are they that declaration a sought plaintiffs Asli Orang The

Kuala Lumpur International Airport. International Lumpur Kuala

Selangor was acquired in 1996 to build a highway that connects to the to connects that highway a build to 1996 in acquired was Selangor

land and dwellings when their land in Kampung Bukit Tampoi, Bukit Kampung in land their when dwellings and land

(M) Bhd and the Malaysian Highway Authority for the loss of the their the of loss the for Authority Highway Malaysian the and Bhd (M)

Orang Asli sued the Federal and state governments, United Engineers United governments, state and Federal the sued Asli Orang

to use and derive profit from the land. In the case, seven Temuan seven case, the In land. the from profit derive and use to

and traditional lands occupied by them and that they have the right the have they that and them by occupied lands traditional and

ruled that the Orang Asli have a proprietary interest in the customary the in interest proprietary a have Asli Orang the that ruled

In a landmark decision, the High Court in Peninsular Malaysia Peninsular in Court High the decision, landmark a In

their customary land. customary their

and Sarawak to take two large companies to court for encroaching on encroaching for court to companies large two take to Sarawak and

sia and elsewhere. This prompted two other communities in Sabah in communities other two prompted This elsewhere. and sia

Asli became an important precedent for other communities in Malay- in communities other for precedent important an became Asli

an epoch-making court victory for the Orang the for victory court epoch-making an In Peninsular Malaysia, Peninsular

land claims being filed or concluded in the three regions. three the in concluded or filed being claims land

The year 2002 saw some significant court cases related to indigenous to related cases court significant some saw 2002 year The

Court victory creates precedence creates victory Court

people but, again, only 3 % nationwide. % 3 only again, but, people

consisting of 27 different ethnic groups, make up 30% of the 2 million 2 the of 30% up make groups, ethnic different 27 of consisting

indigenous peoples of Sarawak, commonly referred to as Dayak and Dayak as to referred commonly Sarawak, of peoples indigenous

million citizens. Nationally, however, they are a minority of 7%. The 7%. of minority a are they however, Nationally, citizens. million

39 different indigenous peoples who make up 65% of the state the of 65% up make who peoples indigenous different 39 s 2.2 s ’

s total population of 20 million. In Sabah, there are about are there Sabah, In million. 20 of population total s ’ Federation

s population of 16 million or 0.5% of the of 0.5% or million 16 of population s ’ Malaysia west of 0.6%

They comprise 18 ethnic groups and number about 96,000, roughly 96,000, about number and groups ethnic 18 comprise They

). ” people original “ for (Malay as known are Peninsula Orang Asli Orang

both on the Peninsula and in the two states on Borneo. Those of the of Those Borneo. on states two the in and Peninsula the on both

Sabah in northern and north-eastern Borneo. Indigenous peoples live peoples Indigenous Borneo. north-eastern and northern in Sabah

Peninsula and the two East Malaysian states of Sarawak and Sarawak of states Malaysian East two the and Peninsula

he Federation of Malaysia consists of eleven states on the Malayan the on states eleven of consists Malaysia of Federation he MALAYSIA laws and practices, stating that although Malaysia had projected itself as progressive, it still refused to accept internationally recognised indigenous peoples’ rights. In Sarawak, four Penan communities in Upper Baram took up a case against the Sarawak Government and Syarikat Samling Timber and Samling Plywood (Baramas), two powerful timber companies operating in the area. The Penan, who to a large extent still depend on hunting and gathering in their forests, have suffered a great deal over the last decade due to logging operations. After a long wait, given that the communities filed their case at the Miri High court in 1998, the hearing scheduled to commence on October 24, 2002 in Miri was, however, adjourned mainly because of a last minute application by two Kenyah communities as defendants contending that the same land belonged to them. Upon investigation, however, it was found that this was part of an elaborate plan by Syarikat Samling to block the case. Payments were paid to three Kenyah communities, in return for a so-called “Goodwill Agreement”, to sign affidavits stating their claim over the Penan areas and allowing the Samling to log in their village area. Long Tungan, one of the three communities approached by Syarikat Samling, real-

ised the implications of the agreement, backed out and refused to

make the applications in court. Now the Penan and the Kenyah of •

•

Long Tungan have joined forces to work towards continued co-exist- •

•

ence. The plaintiffs have filed an affidavit in opposition and pro- • •

• duced papers from the Long Tungan representative’s lawyers in order •

• 253

• 254 and involving communities with regard to laws and policies were policies and laws to regard with communities involving and • •

• Irrigation Department (DID) and the Sabah Parks aimed at informing at aimed Parks Sabah the and (DID) Department Irrigation •

•

In Sabah, three projects by the Wildlife Department, Drainage and Drainage Department, Wildlife the by projects three Sabah, In •

•

Biodiversity (CBD) in 2004. in (CBD) Biodiversity •

host the seventh Conference of Parties (COP7) to the Convention on Convention the to (COP7) Parties of Conference seventh the host

ment departments in international fora. Malaysia is now preparing to preparing now is Malaysia fora. international in departments ment

titution, still lags far behind, despite the exposure of many govern- many of exposure the despite behind, far lags still titution,

protected area management in Malaysia, let alone the subject of res- of subject the alone let Malaysia, in management area protected

creased in 2002. The active involvement of indigenous peoples in peoples indigenous of involvement active The 2002. in creased

indigenous peoples living within and around protected areas in- areas protected around and within living peoples indigenous

Interest from both government and NGOs around collaborating with collaborating around NGOs and government both from Interest

Indigenous peoples and protected areas protected and peoples Indigenous

pending in court. in pending

of the village leaders were arrested and jailed, and their case is also is case their and jailed, and arrested were leaders village the of

plantation by confiscating chainsaws belonging to the company. Seven company. the to belonging chainsaws confiscating by plantation

started to actively prevent the opening up of their land for oil palm oil for land their of up opening the prevent actively to started

onto their community lands, but no action has been taken. They taken. been has action no but lands, community their onto

appealed to the government and companies to stop the encroachment the stop to companies and government the to appealed

mostly of the Paitanic language family - have - family language Paitanic the of mostly – communities the years,

ary rights to land through community workshops. For the past two past the For workshops. community through land to rights ary

communities, continued to raise awareness about the native custom- native the about awareness raise to continued communities,

Other communities, encouraged by the action from the Tongod the from action the by encouraged communities, Other

called by the communities was completely censored. completely was communities the by called

blicity was given to the case, the recent coverage of a press conference press a of coverage recent the case, the to given was blicity

cases in Peninsular Malaysia and Sarawak. While initially wide pu- wide initially While Sarawak. and Malaysia Peninsular in cases

meeting and sharing of information with lawyers involved in the in involved lawyers with information of sharing and meeting

same problem. A Sabah legal support committee was formed after a after formed was committee support legal Sabah A problem. same

would serve as a precedent for countless other communities facing the facing communities other countless for precedent a as serve would

is the first major case being brought before the court in Sabah, and Sabah, in court the before brought being case major first the is

out of court, especially in view of the forthcoming state elections. This elections. state forthcoming the of view in especially court, of out

strong pressure from the government and company to settle the case the settle to company and government the from pressure strong

The five plaintiffs representing the communities are now facing now are communities the representing plaintiffs five The

government.

companies, the Sabah Lands and Survey Department and the Sabah the and Department Survey and Lands Sabah the companies,

Seng Consolidated Bhd and Asiatic Development Bhd, two oil palm oil two Bhd, Development Asiatic and Bhd Consolidated Seng

at the Kota Kinabalu High Court on October 11, 2002 against Hap against 2002 11, October on Court High Kinabalu Kota the at

residents from seven communities in Tongod filed a case a filed Tongod in communities seven from residents In Sabah,

4th April 2003. April 4th to expose Samling. The date set for the hearing in Miri High Court was Court High Miri in hearing the for set date The Samling. expose to facilitated by an indigenous organisation, PACOS Trust. The pilot and research project with the Wildlife Department involved several workshops and demarcation of community hunting areas. However, one of the two project sites, which overlaps with the Inarad community hunting area, was rejected by the Sabah Foundation - Rakyat Berjaya. Sabah Foundation was awarded this area under the Forest Management System by the state government for a period of 100 years. Another joint management effort is between the Dusun community in Tikolod and the DID. It involves workshops to inform communities about the categories of watershed areas and to work out community watershed management plans for areas within traditional territories of indigenous communities. In 2002, in an effort to attract tourists to Sabah, the state government introduced homestay programmes and stepped up eco-tourism packages in existing national parks. One such programme included the opening of a tourist information centre in the Crocker Range Park by Sabah Parks (the state government’s department in charge of protected areas). In conjunction with the launching of the centre, a community workshop was held at which the Sabah Parks explained its desire to involve communities in their tourism programme. The communities expressed concern about the expansion of the Park boundaries and also the threat of the Park’s programme towards existing community eco-tourism activities. Such a workshop and other ongoing fora are important mechanisms by which communities can have more control over their traditional areas but, at the same time, find mutual benefits from eco-tourism programmes that do not go against indigenous resource management systems.

Garnering Suhakam’s support

After the initial 100-day boycott of Suhakam, the Malaysian Human Rights Commission, indigenous organisations began to respond to Suhakam’s effort to garner support. Indigenous representatives came in full force to the Commission’s workshops and road shows organised all over Malaysia in 2002/3. For the past three years, several memoranda have been sent appealing for Suhakam’s investigation of

various human rights violations, particularly by logging companies,

plantation companies and other agencies encroaching on indigenous •

•

territories in the name of development. Communities in Sabah have •

•

also complained about the ongoing appointment of traditional and • •

• other leaders by the government, resulting in corruption, a decline in •

• 255 • 256 • • •

•

• strategize for the forthcoming COP7. forthcoming the for strategize

❑ •

•

bly is planned to be held in June 2003 and will, among other things, other among will, and 2003 June in held be to planned is bly •

rights-related meetings and the UN Forum on Forest. The next assem- next The Forest. on Forum UN the and meetings rights-related

work in the Permanent Forum on Indigenous Issues, CBD, human CBD, Issues, Indigenous on Forum Permanent the in work

international fora and has identified representatives to follow the follow to representatives identified has and fora international

indigenous organisations, also plans to take a more active role in role active more a take to plans also organisations, indigenous

The IPNM, which has continued to facilitate mutual support for support mutual facilitate to continued has which IPNM, The

laysia is not a signatory and therefore not bound by them. by bound not therefore and signatory a not is laysia

and ILO Convention 169, the state government pointed out that Ma- that out pointed government state the 169, Convention ILO and

to get the Sarawak government to honour the international covenants international the honour to government Sarawak the get to

other donors and regional collaborations. In response to a campaign a to response In collaborations. regional and donors other

communities through the UNDP/GEF Small Grants Programme and Programme Grants Small UNDP/GEF the through communities

knowledge and biodiversity - are also being carried out in many in out carried being also are - biodiversity and knowledge

grammes and studies related to the CBD - in particular indigenous particular in - CBD the to related studies and grammes

also organised a training session on ILO Convention 169. More pro- More 169. Convention ILO on session training a organised also

and indigenous peoples. The International Labour Organization (ILO) Organization Labour International The peoples. indigenous and

Human Rights co-organised a training session on the United Nations United the on session training a co-organised Rights Human

Peoples Pact Foundation and the Office of the High Commissioner for Commissioner High the of Office the and Foundation Pact Peoples

enous Peoples Network of Malaysia (IPNM), the Asia Indigenous Asia the (IPNM), Malaysia of Network Peoples enous

tional standards on indigenous rights. In February 2002, the Indig- the 2002, February In rights. indigenous on standards tional

efforts to learn about and lobby for the implementation of interna- of implementation the for lobby and about learn to efforts

In the meantime, indigenous organisations have stepped up their up stepped have organisations indigenous meantime, the In

Pushing for international standards international for Pushing

members of the Commission. the of members

peoples are also concerned at the assimilationist attitude of some of attitude assimilationist the at concerned also are peoples

memoranda submitted by indigenous peoples. However, indigenous However, peoples. indigenous by submitted memoranda

managed to facilitate an investigation into the issues raised in the in raised issues the into investigation an facilitate to managed

sations to cooperate with Suhakam. The Commission has indeed has Commission The Suhakam. with cooperate to sations

issues, have prompted many indigenous organi- indigenous many prompted have issues, ’ peoples indigenous

customary land and Suhakam and land customary s recognition of the seriousness of seriousness the of recognition s ’

s complaints about incursion of logging companies onto their onto companies logging of incursion about complaints s ’ Penan

formation of an indigenous advisory group, the investigation into the into investigation the group, advisory indigenous an of formation

Some recent, positive developments within Suhakam, such as the as such Suhakam, within developments positive recent, Some

peoples.

time, hence the initial boycott of its campaign by the indigenous the by campaign its of boycott initial the hence time,

lages. Sukham, however, did not respond to these appeals for a long a for appeals these to respond not did however, Sukham, lages. good leadership and a breakdown of harmonious relations in vil- in relations harmonious of breakdown a and leadership good THAILAND

hroughout the world, modern political boundaries have divided T and regrouped culturally distinct populations into single nations, incorporating migratory populations, indigenous peoples and immigrants into discrete political entities now considered the legitimate form of governance and international interaction. Thailand, in the center of the ethnically diverse states of Southeast Asia, is no exception and indeed its position at the convergence of a number of historical paths of trade and migration ensure that its population today reflects a range of peoples, cultures and histories. The government of Thailand, as in other countries, has struggled with internal cultural diversity and, since the first nationalist movement of the early 1930s, has instituted a process of assimilation through education that has created a society that almost exclusively self-identifies as “Thai”. The overwhelming majority of Tai Yai, many Khamu and Lua people, and large populations of Khmer and Lao incorporated into the Kingdom of Siam over centuries have become almost invisible within the current Thai population and even linguistic traces of cultural difference are diminishing. Yet this is not true for all peoples settled within Thailand. There remain a range of peoples, living predominantly in the northern region of the country, who maintain their cultural heritage and who self-identify as “Thai indigenous and tribal peoples”. Within this group there is a great diversity of histories and cultures, with the Karen settlements pre-dating Tai settlements in the west of the country and the traditionally migratory Hmong and Mien peoples found throughout Southwest China and northern Southeast Asia. The major groups are shown below with recent population figures.

Indigenous-Tribal Number of Number of Population Peoples Villages Households Karen 1,986 81,090 411,670 Hmong 247 18,162 145,196 Mien 172 6,490 43,017 Akha 275 11,340 65,595 Lahu 412 17,034 95,917

Lisu 137 5,454 33,171

•

Total 3,229 137,770 794,566 •

•

Source: Public Welfare Office, Thailand, March 2002 •

• •

• 257

• 258 in policy have little meaning at a local level where a given policy shift policy given a where level local a at meaning little have policy in • •

• vast majority of communities is one of uncertainty. Historical trends Historical uncertainty. of one is communities of majority vast •

•

tion of indigenous and tribal peoples in Thailand, the reality for the for reality the Thailand, in peoples tribal and indigenous of tion •

•

Even with these broad brushstrokes in place to describe the posi- the describe to place in brushstrokes broad these with Even •

, to be discussed later. discussed be to , ” Bill

Community Forest Community “ the of development the in clearly most shown

civil society organizations in Thailand were not slow in taking up, taking in slow not were Thailand in organizations society civil

. An avenue was opened with this Constitution, and one which one and Constitution, this with opened was avenue An . ” ties

traditional communi- traditional “ of rights the for Thailand in protection legal

tion was promulgated by the Kingdom, and held within it the first the it within held and Kingdom, the by promulgated was tion

struggle against the government. However, in 1997 a new Constitu- new a 1997 in However, government. the against struggle

struggle for control over traditional resources has been cast as a as cast been has resources traditional over control for struggle

forested lands over to the central Royal Forestry Department, the local the Department, Forestry Royal central the to over lands forested

ation. Since the National Parks Act in 1962 handed control of all of control handed 1962 in Act Parks National the Since ation.

Land rights and the right to resources have complicated this situ- this complicated have resources to right the and rights Land

ment policy towards indigenous and tribal peoples. tribal and indigenous towards policy ment

desire to control a perceived threat, the main discourse of Thai govern- Thai of discourse main the threat, perceived a control to desire

in neighboring Vietnam. neighboring in Assimilation has remained, along with a with along remained, has Assimilation

to the Centre for Ethnic Minorities and Mountainous Areas (CEMMA) Areas Mountainous and Minorities Ethnic for Centre the to

is rare. There is no government body in Thailand analogous Thailand in body government no is There rare. is ’ munities

traditional com- traditional ‘ or peoples, tribal and indigenous of mention specific

areas. Assimilationist perspectives remain strong in current policy, and policy, current in strong remain perspectives Assimilationist areas.

of building schools and teaching Thai culture and language in remote in language and culture Thai teaching and schools building of

enous and tribal peoples in the north, the Border Patrol Police policy Police Patrol Border the north, the in peoples tribal and enous

earliest interest that the Thai government displayed towards indig- towards displayed government Thai the that interest earliest

times by periodic pushes for assimilation, historically visible in the in visible historically assimilation, for pushes periodic by times

ing as is the case today). This fearful stance has been augmented at augmented been has stance fearful This today). case the is as ing

in terms of communism as in the late 1970s or in terms of drug traffick- drug of terms in or 1970s late the in as communism of terms in

to national security (whether defined (whether security national to ” threats “ as communities land

as they have historically, a position characterized by a view of high- of view a by characterized position a historically, have they as

tribal peoples continue to occupy the same position in the Thai polity Thai the in position same the occupy to continue peoples tribal

term. No matter which term in used, in practical terms indigenous and indigenous terms practical in used, in term which matter No term.

nizing the reality of different peoples and cultural groups within the within groups cultural and peoples different of reality the nizing

, importantly recog- importantly , ” peoples tribal “ or ” peoples ethnic “ as translates

is gaining acceptance within the government, and government, the within acceptance gaining is term tive chon phao phao chon

rejected by the leaders of these peoples and communities. An alterna- An communities. and peoples these of leaders the by rejected

, a term loosely translated as as translated loosely term a , as ment and now and ” people hill “ chao khao chao

state in which they live. They are viewed collectively by the govern- the by collectively viewed are They live. they which in state

peoples face strong similarities in their dealings with the political the with dealings their in similarities strong face peoples

Despite very different histories, cultures and belief systems, these systems, belief and cultures histories, different very Despite Political situation Political can mean the difference between the right to travel outside one’s district or legal confinement to the district of residence. This uncer-

tainty is best expressed in the terms of the Ministry of Social Devel-

opment and Human Security of the Thai government, which released •

•

a report in late 2002 stating that “government policy towards minority •

•

[groups] is contextual and elusive ... changed according to situation, • •

2 • circumstance and public attitude”. •

• 259

• 260

traditional communi- traditional ‘ would for the first time recognize the rights of of rights the recognize time first the for would •

•

• of a forestry law, the so-called Community Forest Bill, which Bill, Forest Community so-called the law, forestry a of ”

version •

• s ’ people “

peoples and lowland Thai communities, in the form of the the of form the in communities, Thai lowland and peoples •

•

standing areas of political cooperation between indigenous and tribal and indigenous between cooperation political of areas standing •

The right to control and manage natural resources is one of the longest the of one is resources natural manage and control to right The

Community forests Community

demands presented by the AITT to the government during this rally. this during government the to AITT the by presented demands

rights and the right to legal status formed the central platform of the of platform central the formed status legal to right the and rights

by a range of other marginalized groups. The two key issues of land of issues key two The groups. marginalized other of range a by

resources and the alleviation of the harsher effects of extreme poverty extreme of effects harsher the of alleviation the and resources

peoples, for they are joined in the demand for local control over natural over control local for demand the in joined are they for peoples,

is a positive feature of political mobilization by indigenous and tribal and indigenous by mobilization political of feature positive a is

groups. The solidarity expressed across this range of social movements social of range this across expressed solidarity The groups.

Assembly of Peoples Organizations and a range of smaller interest smaller of range a and Organizations Peoples of Assembly

of Thailand (AITT), the Northern Farmers Network, the Northern the Network, Farmers Northern the (AITT), Thailand of

a combined effort by the Assembly of Indigenous and Tribal Peoples Tribal and Indigenous of Assembly the by effort combined a

s attention. The rally began on the first of April and was and April of first the on began rally The attention. s ’ government

front of the Chiang Mai City Hall to bring local grievances to the to grievances local bring to Hall City Mai Chiang the of front

In April 2002, a massive rally of up to 4,000 people gathered in gathered people 4,000 to up of rally massive a 2002, April In

and again came to the fore in early 2002. early in fore the to came again and

which to defend and articulate their position with the government, the with position their articulate and defend to which

assembly was established in 2001 as a unified political voice with voice political unified a as 2001 in established was assembly

tional assembly of indigenous and tribal peoples tribal and indigenous of assembly tional organizations. This organizations. ’

Assembly of Indigenous and Tribal Peoples of Thailand (AIT Thailand of Peoples Tribal and Indigenous of Assembly T), a na- a T),

tiation with the government, is predominantly undertaken through the through undertaken predominantly is government, the with tiation

and skills over recent years. National lobbying, and in 2002 direct nego- direct 2002 in and lobbying, National years. recent over skills and

indigenous and tribal peoples in Thailand have gained experience gained have Thailand in peoples tribal and indigenous

practices are to change, and it is at this level of national lobbying that lobbying national of level this at is it and change, to are practices

Thai state requires that high-level policy change must occur if local if occur must change policy high-level that requires state Thai

munities. For both these issues, the highly bureaucratic nature of the of nature bureaucratic highly the issues, these both For munities.

manage natural resources in the lands of indigenous and tribal com- tribal and indigenous of lands the in resources natural manage

s birth, and the issue of the right to control and control to right the of issue the and birth, s ’ one of land the in

in Thailand: the closely related issues of the basic right to citizenship to right basic the of issues related closely the Thailand: in

two key issues of utmost importance to indigenous and tribal peoples tribal and indigenous to importance utmost of issues key two

ernment attitude towards indigenous and tribal communities. Th communities. tribal and indigenous towards attitude ernment ere are ere

2002 was characterized by factors not conducive to a sympathetic gov- sympathetic a to conducive not factors by characterized was 2002

Unfortunately the the Unfortunately situation, circumstance and public attitude public and circumstance situation, “ in ” Recent developments Recent ties’ to their lands. Senate consideration of this Bill, which had been planned since the Lower House passed the bill in 2001, was a key demand of the rally, and the Bill did pass before the Senate shortly after the rally finished. The Community Forest Bill is an important piece of legislative history in Thailand as it is one of the first acts of legislation to be presented under a Constitutional provision that allows people to propose legislation for parliamentary consideration. A Bill under this provision may be presented if over 50,000 signatures are collected; the Community Forest Bill was presented in early 2000 with well over 52,000 signatures. Despite strong public support and the support of the Lower House, the Senate significantly amended the Bill and, in doing so, stripped it of many of the protections and rights so painstakingly drafted in wide public consultations during the late 1990s. Notably, the Senate removed all “protected forested areas” from the scope of the Community Forest Bill, thus excluding the vast majority of indigenous and tribal communities in Thailand. After the amendments by the Senate, the Bill now returns for consideration by a joint committee of both houses of Parliament, expected to convene to consider the Bill in 2003. The amendments by the Senate have been declared as unacceptable by the AITT and lobbying continues to have the Bill returned to the form in which it was earlier passed by the Lower House.

Citizenship

The issue of citizenship is one of the most crucial for indigenous and tribal peoples in Thailand, and the problems that continue to plague highland communities with regard to their legal status in the Thai nation are the result of the “contextual” and shifting nature of Thai laws in relation to minority groups. In 2001, the Thai government declared that a period of one year remained for all people residing within the nation to apply for citizenship, and those without citizenship as of 28 August 2002 would be considered illegal residents. The Thai government (through the Department of Public Welfare) first surveyed remote areas in 1955 and, to the present day, serious barriers

have existed in surveying, which have resulted in hundreds of thou-

sands of indigenous and tribal peoples in Thailand being without •

•

citizenship. The Department of Local Administration placed the fig- •

•

ure at 377,450 individuals at the beginning of 2002, a figure which • •

• Chutima Morlaeku, a Thai-Ahka human rights activist considers far •

• 261 • 262 •

•

• . ” elusive and

❑ •

• is contextual is “

nities remain at the mercy of a government policy that that policy government a of mercy the at remain nities •

•

a goal out of reach for the majority. These peoples and their commu- their and peoples These majority. the for reach of out goal a •

before the law, then certainty in life and property will again become again will property and life in certainty then law, the before

against the just calls of remote communities in Thailand for equality for Thailand in communities remote of calls just the against

local level. If there is a shift in public attitude, for whatever reason, whatever for attitude, public in shift a is there If level. local

Thai political system through which to address problems arising at arising problems address to which through system political Thai

They continue to lack concrete and permanent channels within the within channels permanent and concrete lack to continue They

these serious issues facing indigenous and tribal peoples in Thailand. in peoples tribal and indigenous facing issues serious these

procedures seems to indicate a lack of real commitment to solving to commitment real of lack a indicate to seems procedures

front of Parliament for over two years, and stalling of citizenship of stalling and years, two over for Parliament of front

real progress in consideration of the Community Forest Bill, now in now Bill, Forest Community the of consideration in progress real

public perceptions of remote communities. The continuing lack of any of lack continuing The communities. remote of perceptions public

peoples as a threat to the nation again came to the fore in media and media in fore the to came again nation the to threat a as peoples

border of Burma and Thailand meant that the perspective of tribal of perspective the that meant Thailand and Burma of border

pressure on the government to address drug trafficking across the across trafficking drug address to government the on pressure

sand successful applications withdrawn. At the same time, political time, same the At withdrawn. applications successful sand

district offices and Mae Aie district in the north seeing over a thou- a over seeing north the in district Aie Mae and offices district

citizenship applications, with submitted applications remaining in remaining applications submitted with applications, citizenship

The closing months of 2002 did not bode well for the process of process the for well bode not did 2002 of months closing The

Future

extra year granted will be sufficient. be will granted year extra

applications at District level remains slow, and it is unlikely that the that unlikely is it and slow, remains level District at applications

of this Sub-Committee, is a step forward. However, the processing of processing the However, forward. step a is Sub-Committee, this of

with Deputy Prime Minister Chavalit Yongjaiyut appointed the Chair the appointed Yongjaiyut Chavalit Minister Prime Deputy with

a Sub-Committee on Solutions to Ethnic Issues in the middle of 2002, of middle the in Issues Ethnic to Solutions on Sub-Committee a

out the north for decades, will be resolved soon. The establishment of establishment The soon. resolved be will decades, for north the out

is hoped that this problem, which has plagued communities through- communities plagued has which problem, this that hoped is

mitted, and many remain in district offices awaiting consideration. It consideration. awaiting offices district in remain many and mitted,

organizations, hundreds of thousands of applications were sub- were applications of thousands of hundreds organizations, ’ ples

district level. With the support of local NGOs and indigenous peo- indigenous and NGOs local of support the With level. district

in reality if the process of application and consideration continues at continues consideration and application of process the if reality in

was extended by a further year. This victory will only become a victory a become only will victory This year. further a by extended was

government in April, the period available for citizenship applications citizenship for available period the April, in government

After much work by local leaders, and direct negotiations with the with negotiations direct and leaders, local by work much After

an extension of the grace period for citizenship applications. citizenship for period grace the of extension an

individuals and families is precarious and the AITT led the call for call the led AITT the and precarious is families and individuals lower than the reality. Whatever the true number, the position of these of position the number, true the Whatever reality. the than lower Note and reference

1 The term ‘ethnic minorities’ rather than ‘indigenous’ or ‘tribal’ is prefered by governments throughout Southeast Asia. In Thailand’s case, this means that the Chinese diaspora, a sizable Vietnamese minority and indigenous and tribal peoples in the north occupy the same legal position. 2 Satawat Sathitpiansiri. 2003. Minority Policy : a Case Study of Hilltribes in Thailand. Bangkok: Ministry of Social Development and Human Security.

CAMBODIA

he peoples generally identified as indigenous peoples in Cambo- T dia are usually referred to as “Khmer Loeu” (“Highland Khmer”) or “highland peoples”. Cambodia’s indigenous peoples form a small minority of around 1% of the total population of 12 million. They live mostly in the eastern uplands and form the majority of the populations of the two north-eastern provinces of Ratanakiri and Mondulkiri. In 2002, globalization and a lack of appropriate governance continued to impact on the lives of the indigenous peoples of Cambodia. In areas facing the highest rate of change, social problems are starting to arise. However, great efforts are being made to mitigate the effects of rapid change and its associated problems.

Land rights

Land rights and the arbitrary confiscation of ancestral lands remain one of the most pressing problems for indigenous communities throughout Cambodia. Related to these problems, in 2001 the Royal Government of Cam- bodia passed a new Land Law that contains provisions for indigenous

communities to gain title to their land, either in the form of individual

titles for each family or as a communal title for the whole community. •

•

In this law, indigenous community land is open to be defined not only • •

•

as residential and agricultural land but also including fallow plots left •

• in reserve as part of the traditional crop rotation system. •

• 263

• 264 international projects aimed at promoting forestry reform in Cambo- in reform forestry promoting at aimed projects international • •

• This situation has been further exacerbated by the design of some of design the by exacerbated further been has situation This •

•

community-based management of forest resources. forest of management community-based •

•

tial to undermine the increasing role played by local government in government local by played role increasing the undermine to tial •

control the national DFW exerts over the forest estate, and has the poten- the has and estate, forest the over exerts DFW national the control

law, approved in August 2002, contains provisions increasing the direct the increasing provisions contains 2002, August in approved law,

the management and exploitation of forest resources. The new forestry new The resources. forest of exploitation and management the

life (DFW) has used the reform agenda to increase its direct control over control direct its increase to agenda reform the used has (DFW) life

officials and logging companies. The Department of Forestry and Wild- and Forestry of Department The companies. logging and officials

tion and have been frustrated by the close linkages between government between linkages close the by frustrated been have and tion

these have mainly focused on the commercial aspects of forest exploita- forest of aspects commercial the on focused mainly have these

communities. The Cambodian government has initiated reforms but reforms initiated has government Cambodian The communities.

access to many areas of forest land traditionally utilized by indigenous by utilized traditionally land forest of areas many to access

cial exploitation and infrastructure developments, which are increasing are which developments, infrastructure and exploitation cial

s forests continue to be rapidly degraded due to both commer- both to due degraded rapidly be to continue forests s ’ Cambodia

Forestry issues Forestry

port from the international community. international the from port

recognised at national level. This needs careful monitoring and sup- and monitoring careful needs This level. national at recognised

vincial recognition. The challenge will now be to get these areas these get to be now will challenge The recognition. vincial

munes, with over 10 other communes progressing toward such pro- such toward progressing communes other 10 over with munes,

community land natural resource management areas in 10 of 49 com- 49 of 10 in areas management resource natural land community

ment. In Ratanakiri, this has resulted in provincial recognition of recognition provincial in resulted has this Ratanakiri, In ment.

programs of promoting community-based natural resource manage- resource natural community-based promoting of programs

notably the provincial government in Ratanakiri, have been following been have Ratanakiri, in government provincial the notably

alienation of ancestral lands, some of the provincial governments, provincial the of some lands, ancestral of alienation

ples. Whilst the national, regional and global levels are promoting are levels global and regional national, the Whilst ples.

model of national-level policies being imposed on indigenous peo- indigenous on imposed being policies national-level of model

At provincial level, there are a growing number of exceptions to the to exceptions of number growing a are there level, provincial At

digenous peoples and the social situations prevalent in such areas. such in prevalent situations social the and peoples digenous

without sufficient consideration for the development priorities of in- of priorities development the for consideration sufficient without

is a very real risk that these land law strategies will be implemented be will strategies law land these that risk real very a is

increase economic development in indigenous peoples indigenous in development economic increase domains. There domains. ’

contradict some other national laws and policies that seek to rapidly to seek that policies and laws national other some contradict

requires recognising that implementation of the intent of the law may law the of intent the of implementation that recognising requires

allow the implementation of the intent of the new land law. This law. land new the of intent the of implementation the allow

still space for more commitment, especially at national level, to fully to level, national at especially commitment, more for space still

tion of communal land ownership. It would also appear that there is there that appear also would It ownership. land communal of tion

necessary sub-decrees that define the requirements for legal recogni- legal for requirements the define that sub-decrees necessary As of early 2003, the new land law had yet to be supported by the by supported be to yet had law land new the 2003, early of As dia. In particular, the World Bank’s Forest Concession Management and Control Pilot Project has been designed to increase the ability of the DFW to exert control over concession forest areas. However, the Cambodian government has used this to bolster the legitimacy of

forest concessions and to undermine the ability of forest-dependent

communities to make claims against forest areas controlled by logging •

•

concessions. This was demonstrated most obviously in November •

•

2002 when the World Bank played a role in distributing Forest Con- • •

• cession Management Plans and Environmental and Social Impact •

• 265

• 266 enous languages as a bridge to Khmer literacy. A CARE project is project CARE A literacy. Khmer to bridge a as languages enous • •

• form of education that promotes the development of literacy in indig- in literacy of development the promotes that education of form •

•

been the support given to the development of bilingual education, a education, bilingual of development the to given support the been •

•

positive and disturbing trends can be seen. One positive aspect has aspect positive One seen. be can trends disturbing and positive •

In the area of education for indigenous people, a number of both of number a people, indigenous for education of area the In

Education reforms in Cambodia are, in general, progressing slowly. progressing general, in are, Cambodia in reforms Education

Education and health and Education

community forestry policy at national level has largely stagnated. largely has level national at policy forestry community

right is less strongly supported and the balanced development of a of development balanced the and supported strongly less is right

est law (the cutting of resin trees was prohibited). In the new law, this law, new the In prohibited). was trees resin of cutting (the law est

livelihood for communities, was previously supported in the old for- old the in supported previously was communities, for livelihood

nity use of trees to provide resin, a traditional form of economic of form traditional a resin, provide to trees of use nity

enous communities. An example of these problems is that the commu- the that is problems these of example An communities. enous

undermine community use of forests, which could greatly affect indig- affect greatly could which forests, of use community undermine

passed in 2002. This new law has been said by some observers to observers some by said been has law new This 2002. in passed

This echoes further concerns over the new Forest Law that was that Law Forest new the over concerns further echoes This

forestry sector will take place. take will sector forestry

ues, there remains much uncertainty that the promised reforms to the to reforms promised the that uncertainty much remains there ues,

concession management plans and their operation. While this contin- this While operation. their and plans management concession

sive actions toward NGOs reporting the events surrounding forest surrounding events the reporting NGOs toward actions sive

These events have led to even more retaliations, including aggres- including retaliations, more even to led have events These

were injured. were

ing, during which one community representative died and others and died representative community one which during ing,

Government of Cambodia forcibly and violently broke up the gather- the up broke violently and forcibly Cambodia of Government

waiting for a reply to their comments. In response, however, the Royal the however, response, In comments. their to reply a for waiting

resentatives gathered peacefully at the DFW office in Phnom Penh Phnom in office DFW the at peacefully gathered resentatives

concessions that had been granted by the national government. Rep- government. national the by granted been had that concessions

respect of the right to use and manage forest areas within logging within areas forest manage and use to right the of respect

all submissions by communities was the claim for recognition and recognition for claim the was communities by submissions all

19-day period allotted for public comment. The main theme of almost of theme main The comment. public for allotted period 19-day

munities in order to provide comments on these documents during the during documents these on comments provide to order in munities

representatives joined with representatives of other Cambodian com- Cambodian other of representatives with joined representatives

, indigenous community indigenous , ’ plans management ‘ these to response In

were viewed as inadequate by almost all interested observers. interested all almost by inadequate as viewed were

forest concessionaires, had developed many of the plans. These plans These plans. the of many developed had concessionaires, forest

documents. The staff of the DFW, while under the employment of employment the under while DFW, the of staff The documents.

abrogate its responsibility to ensure transparency in relation to these to relation in transparency ensure to responsibility its abrogate

s forestry reform agenda. In doing so, the DFW was able to able was DFW the so, doing In agenda. reform forestry s ’ ernment Assessments prepared by logging concessionaires as part of the gov- the of part as concessionaires logging by prepared Assessments working closely with the Ministry of Education in the hope that a model for bilingual education will be produced that can be replicated by the Ministry. Non-Formal Education (NFE) continues to return positive results, possibly reinforced by the deficiencies within the formal education system. This form of education remains literacy based and has had much success, as indigenous communities have been given the flexibility to manage classes at the time most suited to seasonal work patterns and daily lives (and because the teachers have been indigenous people.) Unfortunately, post-literacy NFE materials and classes remain seriously lacking. In the formal education sector, many schools remain non-staffed and non-functional. In areas where there is no NFE, little or no effective education is available to indigenous peoples. This is within an environment of very rapid social and economic change and there is a very real danger that marginalisation will be further entrenched. Health indicators among indigenous peoples in Cambodia are still among the worst in the country. Many of the attempts to rectify this situation have been frustrated by the almost total inefficiency of the public health system. Merely pouring in large amount of funds, as occurs with large donors, does not adequately address this problem. Indigenous people continue to report frequent incidents of corruption and abuse at the hands of non-indigenous health staff. This has led to indigenous people being very untrusting of the health system and less likely to follow its directions and services. This spells further problems for the health status of indigenous peoples and has been part of the reason why there has been a national trend towards outsourcing health services to efficient health service providers, something that may not reform the national health system in the long term but may offer short-term relief.

Hydroelectric dams

In previous years, serious problems have been reported as a result of the hydroelectricity dams located on the Sesan River in Vietnam. This river flows through Ratanakiri in the north-east of Cambodia and the

dams have resulted in deaths due to toxic water and irregular river

flows. While these problems continue, such deaths are likely to in- •

•

crease since there are more dams under construction and being plan- •

•

ned in Vietnam. These dams are going ahead despite the problems • •

• created by the existing dams downstream. International donor agen- •

• 267

• 268 electricity dams and natural resource management. resource natural and dams electricity • •

• a number of networks around issues such as the Sesan River hydro- River Sesan the as such issues around networks of number a •

•

tation and cultural protection. Indigenous peoples have organised in organised have peoples Indigenous protection. cultural and tation •

•

to organize into associations and launch programs aimed at represen- at aimed programs launch and associations into organize to •

In the wake of these developments, indigenous peoples are starting are peoples indigenous developments, these of wake the In

Self-organizing

efforts to ensure that tourism development is non-destructive. is development tourism that ensure to efforts

of a provincial tourism steering committee that will try to co-ordinate to try will that committee steering tourism provincial a of

receive a large number of tourists. Another has been the development the been has Another tourists. of number large a receive

has lost a large proportion of its traditional lands and has had to had has and lands traditional its of proportion large a lost has

an English and tourism skills training program for a community that community a for program training skills tourism and English an

tanakiri that have begun to try and control the situation. One has been has One situation. the control and try to begun have that tanakiri

However, there have been a small number of programs in Ra- in programs of number small a been have there However,

necessary social and human resources. human and social necessary

roads and airports are being built before they have developed the developed have they before built being are airports and roads

control, indigenous peoples will not have much success in this as new as this in success much have not will peoples indigenous control,

designed to allow communities more communities allow to designed ” Tourism Pro-Poor “ in jects

Despite the fact that the Asian Development Bank is to fund pro- fund to is Bank Development Asian the that fact the Despite

tions and who will also suffer the negative consequences.. negative the suffer also will who and tions

enous community people, yet who are considered the tourist attrac- tourist the considered are who yet people, community enous

Ratanakiri, something done without any real consultation with indig- with consultation real any without done something Ratanakiri,

has funded, via loans, the development of an international airport in airport international an of development the loans, via funded, has

wide road access. In addition to this, the Asian Development Bank Development Asian the this, to addition In access. road wide

opening up the north-eastern provinces of Cambodia to rapid and rapid to Cambodia of provinces north-eastern the up opening

Triangle Development Plan Development Triangle “ a signed have ments , which includes which , ”

timated given that the Cambodian, Laos and Vietnamese Govern- Vietnamese and Laos Cambodian, the that given timated

will be visiting by the year 2010. These figures may even be underes- be even may figures These 2010. year the by visiting be will

nine thousand in 2002. It has been predicted that up to 35,000 people 35,000 to up that predicted been has It 2002. in thousand nine

tanakiri alone, tourist numbers soared from two thousand in 2001 to 2001 in thousand two from soared numbers tourist alone, tanakiri

arriving in north-east Cambodia in ever increasing numbers. In Ra- In numbers. increasing ever in Cambodia north-east in arriving

to have a very negative impact on indigenous peoples. Tourists are Tourists peoples. indigenous on impact negative very a have to

Tourism is yet another outside globalization force that is beginning is that force globalization outside another yet is Tourism

Tourism

construction.

construction by supporting associated projects such as power line power as such projects associated supporting by construction cies and multilateral banks continue to support and validate their validate and support to continue banks multilateral and cies Some very positive results have already been achieved with regard to strengthening cultural identity. The Kui people in Preah Vihear and Kâmpóng Thom, for example, are now taking a greater interest in maintaining their identity, after they had almost given in to assimilation pressure. Similar developments are taking place among the Punong people in Mondulkiri and Kratie. The Kui and Punong peoples are also playing leading roles in the growing networks organized around natural resource management. In Stung Tréng, Preah Vihear, Kratie and Mondulkiri, indigenous peoples have also started to organize around community forest issues. They are now expressing their concerns at provincial and national levels to protect their interests with respect to natural resources. In Ratanakiri, the Highlanders’ Association, the Natural Resource Management Advocacy Network and the Sesan River Advocacy Net- work have been formed in recent years, with strong support from socially concerned NGOs. The Highlanders’ Association has, among other things, conducted consultations and research into how indigenous communities could form strong and stable representation structures relevant to district, provincial and national development decisions. The same issue is being addressed by the Ratanakiri Natural Resource Management Advocacy Network, a network of community representatives that aims to develop towards the goal of providing a strong and combined voice in the field of natural resource management policy and law, from community level up to provincial and government level. It also intends to provide a technical extension service in local languages to indigenous communities. ❑

VIETNAM

ietnam officially recognises 54 ethnic groups. ‘Ethnic Minorities’ V is the term used within both official and non-official Vietnam discourse, defined as those who have Vietnamese nationality, Viet-

namese citizenship and live in Vietnam but who differ from the Kinh

ethnic majority in terms of their language, culture, social cohesion, •

•

traditional wisdom, identity values and other basic characteristics. •

•

According to a recent estimate, ethnic minorities represented almost • •

• 14 percent of the total population. •

• 269 • 270 • •

• effective manner. effective •

•

to be a way of ensuring that the fund is used in a practical and practical a in used is fund the that ensuring of way a be to •

•

health care nationwide. However, in order to do this, there also needs also there this, do to order in However, nationwide. care health •

essential to enhance the health sector and improve the quality of quality the improve and sector health the enhance to essential

ncial budgets, charity organisations and NGOs. Obviously, it is it Obviously, NGOs. and organisations charity budgets, ncial provi

the fund will come from the Ministry of Finance, and the rest from rest the and Finance, of Ministry the from come will fund the

the Central Highlands region (Tay Nguyen). Approximately half of half Approximately Nguyen). (Tay region Highlands Central the

particularly disadvantaged communes and for ethnic minorities in minorities ethnic for and communes disadvantaged particularly

healthcare expenses, including hospital charges, for people living in living people for charges, hospital including expenses, healthcare

nationwide fund is to be used to buy medical insurance and pay and insurance medical buy to used be to is fund nationwide

with the purpose of providing free health care to the poor. This poor. the to care health free providing of purpose the with

Dong (VND) 600 billion (approx. US$ 40 million ) would be created be would ) million 40 US$ (approx. billion 600 (VND) Dong

The government recently announced that a fund of Viet Nam Viet of fund a that announced recently government The

national power grid. power national

minority communities that are still without electricity to access the access to electricity without still are that communities minority

another five million hectares of forest but also helping those remote those helping also but forest of hectares million five another

me investments be increased with the objective of not only planting only not of objective the with increased be investments me

accountable and transparent. In addition, it requested that program- that requested it addition, In transparent. and accountable

petition demanding that implementation of the Programme be more be Programme the of implementation that demanding petition

In 2002, members of the Vietnamese Communist Party signed a signed Party Communist Vietnamese the of members 2002, In

s impact. s ’ Programme the of tion

co-operates with the government in the examination and investiga- and examination the in government the with co-operates

strict action to discipline those responsible. The National Assembly National The responsible. those discipline to action strict

to improve the Programme, whilst the National Assembly has taken has Assembly National the whilst Programme, the improve to

cials. Learning from these lessons, the government has made efforts made has government the lessons, these from Learning cials.

well as for corruption scandals involving senior Vietnamese offi- Vietnamese senior involving scandals corruption for as well

gramme was blamed for the ineffectiveness of its implementation as implementation its of ineffectiveness the for blamed was gramme

and mountainous highland areas. During its first years, the Pro- the years, first its During areas. highland mountainous and

aims to reduce hunger and alleviate poverty in particularly remote particularly in poverty alleviate and hunger reduce to aims

example of this is national Programme No.135, which No.135, Programme national is this of example An problem.

groups in Vietnam although the government is trying to tackle the tackle to trying is government the although Vietnam in groups

Minority communities continue to be the most disadvantaged most the be to continue communities Minority

processes.

challenges will still have to be met during future implementation future during met be to have still will challenges

been improved in order to meet the real needs of the peoples, but new but peoples, the of needs real the meet to order in improved been

s ethnic minorities live. Several of these programmes have programmes these of Several live. minorities ethnic s ’ country

striven to promote developments in the highlands, where most of the of most where highlands, the in developments promote to striven

ment, as well as from regional and international agencies that have that agencies international and regional from as well as ment,

The year 2002 saw many policies and programmes from the govern- the from programmes and policies many saw 2002 year The Changes in national policy national in Changes

New approaches •

•

Apart from establishing educational and health-care programmes, • •

• infrastructure programmes and projects such as road building, •

• 271

• 272 forestry development plan of the Ministry of Agriculture and Rural and Agriculture of Ministry the of plan development forestry •

•

• s ’ ethnic minorities is one of the principle objectives in the coming year coming the in objectives principle the of one is minorities ethnic •

•

minority peoples in remote areas, since a higher standard of living for living of standard higher a since areas, remote in peoples minority •

•

Forestry has become a key element of government policies for ethnic for policies government of element key a become has Forestry •

Forest policy Forest

standing and status. and standing ’ peoples minority

intends to pass a new law on ethnic minorities that aims to improve to aims that minorities ethnic on law new a pass to intends

their problems. It has been announced that the National Assembly National the that announced been has It problems. their

and views will significantly contribute towards a better solution of solution better a towards contribute significantly will views and

in the National Assembly has been constantly rising. Their presence Their rising. constantly been has Assembly National the in

groups, were elected and the number of minority deputies represented deputies minority of number the and elected were groups,

lature (2002), 86 ethnic minority deputies, from 42 different minority different 42 from deputies, minority ethnic 86 (2002), lature

come and share and exchange their views. In the current 11th legis- 11th current the In views. their exchange and share and come

issues in which traditional minority elders and leaders are invited to invited are leaders and elders minority traditional which in issues

has opened the way for discussions on controversial ethnic minority ethnic controversial on discussions for way the opened has

interests and expectations. At the same time, the National Assembly National the time, same the At expectations. and interests

minority villages, talking to people and listening to their concerns, their to listening and people to talking villages, minority

minority) and many other government officials spent weeks visiting weeks spent officials government other many and minority)

tary Mr. Nong Duc Manh (who himself belongs to the Tay ethnic Tay the to belongs himself (who Manh Duc Nong Mr. tary

2002, the newly elected Vietnamese Communist Party General Secre- General Party Communist Vietnamese elected newly the 2002,

take opportunities for their capacity building. Towards the end of end the Towards building. capacity their for opportunities take

in these processes. Minority female officials are being encouraged to encouraged being are officials female Minority processes. these in

and elders are made aware of and encouraged to get more involved more get to encouraged and of aware made are elders and

the decision-making and policy-making processes. Minority leaders Minority processes. policy-making and decision-making the

the recognition of ethnic minority village elders and leaders within leaders and elders village minority ethnic of recognition the

A further change in policy at local, regional, and national level is level national and regional, local, at policy in change further A

liability, equality and accountability. and equality liability,

also addresses the problem of corruption by raising the sense of joint of sense the raising by corruption of problem the addresses also

avoid the existing dependency on the state. This new policy approach policy new This state. the on dependency existing the avoid

they apply participatory and co-operative approaches in order to order in approaches co-operative and participatory apply they

ensure that the investment goes straight to the community and that and community the to straight goes investment the that ensure

current programmes, the National Assembly urges stakeholders to stakeholders urges Assembly National the programmes, current

stakeholder was willing to be accountable for his actions. Within the Within actions. his for accountable be to willing was stakeholder

atmosphere of sharing a communal responsibility. In certain cases, no cases, certain In responsibility. communal a sharing of atmosphere

of personal responsibility. However, on the other hand, there was no was there hand, other the on However, responsibility. personal of

each particular stakeholder to do his own job and have his own sense own his have and job own his do to stakeholder particular each

implementation processes. The previous approach for approach previous The processes. implementation ’ programmes

with the government, evaluation teams and civil society to improve the improve to society civil and teams evaluation government, the with electricity, hospitals and schools, the National Assembly co-operates Assembly National the schools, and hospitals electricity, Development (MARD). The MARD Minister recently announced that their policies have now been adjusted so that any minority peoples living in remote areas will be allowed to live on and benefit from their local forest resources. It has also been announced that two million more hectares of forests will be allocated to local minority farmers. The challenge for the government is to prove whether or not it has really learnt and understood the root causes of deforestation – i.e. logging, cash crop plantations, monopolised forestry, even the ineffectiveness of State-owned Forestry Enterprises – rather than just blam- ing minority highland peoples and their shifting cultivation. A government decision last year to gradually reduce the number of State- owned enterprises (which also include State-owned Forestry Enter- prises) from over 12,000 in the 1990s to 5,000 in 2002 and to expect 3,000 by 2005 is encouraging. The government has also implemented Decree No.163/CP in many villages, minority as well as majority villages. This decree allocates forestlands to individuals, households and organisations. Afterwards, individuals can acquire long-term and stable land use rights certifi- cates (the so-called “Red Books”). In some places, the government has recognised and officially certified the entire community’s communal forestland ownership. In the case of On Oc village, Muong Lum commune, in Son La province, the communal forestland was declared in the name of the Women’s Union.

Hydropower projects

Great emphasis is being put on the 2001-2005 five-year plan, which focuses on economic growth, furthering modernisation and industrialisation while maintaining the political, economic, and social stability of the country. To increase the number of hydropower plants located in different regions throughout the nation is part of the national strategy to meet the demands of both demographic pressure and the process of industrialisation. In October last year, the 215-metre-high Son La multi-purposes Hydropower Plant was approved. It not only aims to provide water to the lowlands, ensure public safety during the flood season, facili-

tate irrigation and river transport, and promote tourism but will also

restructure the economy of the north-western region. This is popu- •

•

lated by mainly black Thai and Hmong minority groups, soon to be •

•

displaced from the area. In order to benefit the nation as a whole, • •

• about 91,000 people, most of them Thai and Hmong, are to be resettled •

• 273

• 274 Better access to first-hand information on the ground is urgently is ground the on information first-hand to access Better • •

• stigated by foreigners. Christians are apparently their main target. main their apparently are Christians foreigners. by stigated •

•

Highlands who are considered to be linked to protests allegedly in- allegedly protests to linked be to considered are who Highlands •

•

a repressive policy against those minority peoples in the Central the in peoples minority those against policy repressive a •

However, at the same time, the government seems to continue with continue to seems government the time, same the at However,

period 2002-2010. period

local government over the over government local ’ Highlands Central the consolidate and

minorities in the Central Highlands Central the in minorities and on solutions to reinforce to solutions on and

to resolve the lack of productive and residential lands for ethnic for lands residential and productive of lack the resolve to

economic and social development, social and economic ’ Highlands Central on solutions on

of the five-year plan 2001-2005, on basic solutions to enhance the enhance to solutions basic on 2001-2005, plan five-year the of

a number of policy documents, such as on the long-term orientation long-term the on as such documents, policy of number a

The government of Vietnam has responded to the crisis by issuing by crisis the to responded has Vietnam of government The

sources supporting these reports. these supporting sources

documents both from individual witnesses and from government from and witnesses individual from both documents

of indigenous who had fled to Cambodia. The reports cite numerous cite reports The Cambodia. to fled had who indigenous of

detentions, physical abuse, tight border patrol and forced repatriation forced and patrol border tight abuse, physical detentions,

gatherings, pressure to renounce their religion, land confiscation, land religion, their renounce to pressure gatherings,

pression of ethnic minority Christian churches, prohibition of night of prohibition churches, Christian minority ethnic of pression

Watch Briefing Papers (January and March 2003) report ongoing re- ongoing report 2003) March and (January Papers Briefing Watch

Tay Nguyen, the Central Highlands of Vietnam. Recent Human Rights Human Recent Vietnam. of Highlands Central the Nguyen, Tay

handed response from the government, the situation remains tense in tense remains situation the government, the from response handed

Two years after the widespread demonstrations that triggered a heavy- a triggered that demonstrations widespread the after years Two

The Central Highlands Central The

development projects? development

structed? Can sustainable development be ensured in these massive these in ensured be development sustainable Can structed?

cal institutions, once the Son La Hydro Power Plant has been con- been has Plant Power Hydro La Son the once institutions, cal

their local traditional knowledge, values, social cohesion and politi- and cohesion social values, knowledge, traditional local their

kind of future will the ethnic minority peoples be facing in terms of terms in facing be peoples minority ethnic the will future of kind

demics and environmentalists: what will the future bring and what and bring future the will what environmentalists: and demics

A controversial apprehension has, however, arisen among aca- among arisen however, has, apprehension controversial A

the 300 MW Dai Ninh and Se San 3A hydro station. hydro 3A San Se and Ninh Dai MW 300 the

Power Station No.3 in Gia Lai and Kon Tum and the construction of construction the and Tum Kon and Lai Gia in No.3 Station Power

electricity urea fertiliser complex, the 273 MW Se San Hydroelectric San Se MW 273 the complex, fertiliser urea electricity

National Assembly and the government, such as the Ca Mau gas Mau Ca the as such government, the and Assembly National

Many other large projects are also close to being approved by the by approved being to close also are projects large other Many

the Central Highlands. Central the

The government has dropped the earlier proposal to resettle them in them resettle to proposal earlier the dropped has government The from 17 districts into new areas in the Son La and Lai Chau provinces. Chau Lai and La Son the in areas new into districts 17 from needed, along with more transparent data-gathering and reporting procedures in order to be able to verify claims of both the victims of government repression and the Vietnamese government, which considers the protests as entirely instigated by anti-communist foreign groupings with the aim of destabilizing the country. Thus far, only cursory evidence for the latter allegations can be gathered. This exists mainly in the form of statements by individuals and Vietnamese NGOs which, at least until recently, had had access to the area. According to these sources, allegations of the role of the so-called “foreign hand” do not seem to be mere government propaganda. What has been repeatedly stated is that foreigners, i.e. mainly Central Highlanders who now live in the US and are usually devoted Prot- estant Christians of a more conservative political leaning, did play a crucial role in organising the uprisings. These, along with other radical Christian groups operating in the region, do pursue an anti- communist – and therefore anti-Vietnamese government – agenda. This largely explains the focus of repression on Christian churches in the Central Highlands. Vietnamese NGOs are highly critical of reports published in the international media and by Western human rights organisations. Important to note is that they do not deny that injustice has been done to the ethnic minorities of the Central Highlands. What they criticize is the way the issue has so far been reported. They consider the reports to contain factual errors, be biased (mainly drawing on outsiders’ information, i.e. refugees and expatriates living in the US), that people (like the indigenous leaders) are misquoted, and, to them one of the most crucial points, that the reports are generally written in an irresponsible way, i.e. without taking the culture and local political style (which means the way one can criticize the government in Vietnam) into account. After all, it is the Vietnamese NGOs, the emerging civil society in that country that face the consequences of the, in their eyes, unbalanced, incorrect and insensitive reporting. At present, Vietnam- ese NGOs cannot continue their work in the Central Highlands since the government has closed the area even to them. Furthermore, since the reports provoked even harsher interventions by the government, the consequences of such reporting ultimately have to be borne by the local people in the Central Highlands. The Vietnamese NGOs that

have tried to improve the situation of the indigenous peoples in the

Central Highlands and bring about policy changes see all the gains •

•

they have achieved in previous years lost. On a more general level, the •

•

slow opening-up of the government with respect to allowing the • •

• growth of a civil society in the country has come to an abrupt end. •

• 275

• 276

• lion Nam Pha Hydropower Dam in the northern province of Bokeo, of province northern the in Dam Hydropower Pha Nam lion • •

•

an 18-month feasibility study of the 80-metre high US$ 150-200 mil- 150-200 US$ high 80-metre the of study feasibility 18-month an •

•

that it had received the go-ahead from the Lao government to conduct to government Lao the from go-ahead the received had it that •

•

September, the Australian company Statecorp Holdings announced Holdings Statecorp company Australian the September,

in Laos, particularly in areas inhabited by indigenous people. In people. indigenous by inhabited areas in particularly Laos, in

2002 saw increased activity in large hydropower dam development dam hydropower large in activity increased saw 2002

Large hydropower dams hydropower Large

which are described and reviewed here. reviewed and described are which

various government policies and development projects, a number of number a projects, development and policies government various

diverse peoples continue to be threatened as a result of result a as threatened be to continue peoples diverse ’ Laos nately,

2002 was an eventful year for indigenous peoples but, unfortu- but, peoples indigenous for year eventful an was 2002

) are used. are ) ” Lao non-ethnic “ ( or ” peoples nic Lao son phau son Lao

eth- “ , ” groups ethnic “ terms the Officially, Laos. in working agencies

is increasingly used by international development international by used increasingly is ’ peoples enous

indig- ‘ term The peoples. indigenous ’ Laos as considered generally

more than 230 different ethno-linguistic groups. It is the latter that are that latter the is It groups. ethno-linguistic different 230 than more

present-day Thailand than in Laos). The remaining 70% encompass 70% remaining The Laos). in than Thailand present-day

million inhabitants of Lao (far more Lao live in the north-east of north-east the in live Lao more (far Lao of inhabitants million

nant ethnic group, the Lao, comprises approximately 30% of the 4.8 the of 30% approximately comprises Lao, the group, ethnic nant

South-east Asia. The largest politically and economically domi- economically and politically largest The Asia. South-east

ao is home to one of the most ethnically diverse populations in populations diverse ethnically most the of one to home is ao

LAOS

3 Decision No.253/QD-TTg of March 05 2003. 05 March of No.253/QD-TTg Decision 3

2 Decision No.132/2002/QD-TTg of October 08 2002. 08 October of No.132/2002/QD-TTg Decision 2

Minister.

Decision No.168/2001/QD-TTg dated October 30 2001 of the Prime the of 2001 30 October dated No.168/2001/QD-TTg Decision

1 Resolution No.10 NQ/TW dated January 18 2002 of the Politburo; the of 2002 18 January dated NQ/TW No.10 Resolution 1

Notes

internationally.

ernment as suspicion has grown in response to the reports published reports the to response in grown has suspicion as ernment Some NGOs have recently even come under investigation by the gov- the by investigation under come even recently have NGOs Some 1

2 3

1. Nam Beng (Location of some of the hydro 2. Nam Mang electric dams mentioned in article) 3. Nam Theum 2 near the border with Luang Nam Tha Province. The project is reportedly being developed for both local power generation and for export. In addition, in December, the International Braster Group announced plans to build another large dam in the northern Lao province of Oudomxay. The Nam Beng dam has reportedly already had a 20- month feasibility study completed on it, and the 45-50 MW capacity

dam is expected to be built over a three to five-year period at a cost of

between US$ 50-60 million dollars. The investor has reportedly received •

•

a 30-year concession from the Lao government to operate the dam. •

•

Apart from the newly conceived northern Lao dams, considerable • •

• debate continued regarding the merits of constructing the long-de- •

• 277 • 278 •

•

• clothes. 2 •

•

minority peoples in four villages with a consignment of rice and rice of consignment a with villages four in peoples minority •

•

, and provided the resettled ethnic resettled the provided and , ” resettlement the from hardship “ •

Province admitted that the resettled villagers had faced considerable faced had villagers resettled the that admitted Province

the Labour and Social Welfare Service of Bokeo of Service Welfare Social and Labour the in Khao San Pathet Lao, Pathet San Khao

Irrigation Project in Houay Xai District, Bokeo Province. As reported As Province. Bokeo District, Xai Houay in Project Irrigation

due to other types of water projects, such as the large Nam Tine Nam large the as such projects, water of types other to due

indigenous peoples have also suffered serious relocation problems relocation serious suffered also have peoples indigenous

Apart from being relocated as a result of large hydropower dams, hydropower large of result a as relocated being from Apart

situation in the project area remains very tense. very remains area project the in situation

Chinese contractors to return to China. At the time of writing, the writing, of time the At China. to return to contractors Chinese

area protested at the dam-site, carrying sticks and guns. They told the told They guns. and sticks carrying dam-site, the at protested area

2002, a number of Hmong villagers living in the planned reservoir planned the in living villagers Hmong of number a 2002,

and compensation plan associated with the project and, in November in and, project the with associated plan compensation and

the planned dam reservoir are very unsatisfied with the relocation the with unsatisfied very are reservoir dam planned the

ported by various sources that the Hmong people living inside or near or inside living people Hmong the that sources various by ported

China has become involved with in Laos. However, it has been re- been has it However, Laos. in with involved become has China

significant is that it is the first large hydropower dam project that project dam hydropower large first the is it that is significant

cent. It has been reported that the dam will be completed by 2004. Most 2004. by completed be will dam the that reported been has It cent.

du Laos, which holds the remaining 20 per 20 remaining the holds which Laos, du é Electricit and project,

s Republic of China, which holds 80 per cent of the shares in the in shares the of cent per 80 holds which China, of Republic s ’ ple

China International Water and Electric Company (CWE) of the Peo- the of (CWE) Company Electric and Water International China

is estimated to cost US$ 63 million, and is a joint venture between the between venture joint a is and million, 63 US$ cost to estimated is

Khao Khouay National Biodiversity Conservation Area. The project The Area. Conservation Biodiversity National Khouay Khao

structed in Thoulakhom District, Vientiane Province, inside Phou inside Province, Vientiane District, Thoulakhom in structed

generate significant economic benefits for the country, is being con- being is country, the for benefits economic significant generate

is widely believed to be a bad deal for Laos, and is not expected to expected not is and Laos, for deal bad a be to believed widely is

Nam Mang 3 Hydropower station was announced. This dam, which dam, This announced. was station Hydropower 3 Mang Nam

In December 2002, the construction of infrastructure for the 40 MW 40 the for infrastructure of construction the 2002, December In

lost, in terms of livelihoods, if the project proceeds. project the if livelihoods, of terms in lost,

situation along the river at present, and helps to show what might be might what show to helps and present, at river the along situation

does not actually mention the dam by name, it clearly illustrates the illustrates clearly it name, by dam the mention actually not does

livelihood issues along the Xe Bang Fai River. Fai Bang Xe the along issues livelihood Although the report the Although

PDR/Canada Fund for Local Initiatives released a report regarding report a released Initiatives Local for Fund PDR/Canada

and Lao support for the project. However, at the end of 2001, the Lao the 2001, of end the at However, project. the for support Lao and

aggressive public relations campaign to try to build up international up build to try to campaign relations public aggressive

ing a financial guarantee from the World Bank. NTPC continued its continued NTPC Bank. World the from guarantee financial a ing

de France International, plans to move ahead on the project by obtain- by project the on ahead move to plans International, France de

2 Power Company (NTPC), which is largely controlled by Electricit by controlled largely is which (NTPC), Company Power 2 é

largest dam by far. The dam-building consortium, Nam Theun Nam consortium, dam-building The far. by dam largest ’ Laos layed Nam Theun 2 dam in central Laos which, if built, would be would built, if which, Laos central in dam 2 Theun Nam layed Swidden agriculture under continuous attack

As in the previous year, 2002 saw the Lao government continue with its policy to eradicate swidden agriculture. The government policy states that it will stop all swidden agriculture by 2005. In May 2002, the Ministry of Agriculture and Forestry announced that “slash-and- burn” agriculture had declined by 28,000 ha compared to the previous year. The Agriculture Department reported that 73,000 ha are still utilized for swidden agriculture, mostly in the northern provinces. The southern and central provinces are said to have made the most progress in eradicating shifting agriculture. However, considering the pressure being put on local governments to follow the central plan to eliminate shifting cultivation, it seems likely that estimates regarding the amount of land that has been taken out of swidden agriculture production are exaggerated. In 1990, the total area under swidden agriculture was reportedly 245,800 ha. There are indications, however, that the program cannot be fully implemented. Mr. Vannakon Phommahasit, Head of the Agriculture and Forestry Extension Unit in the Ministry of Agriculture and Forestry, also acknowledged at a workshop last year that, “The priority plan so far has not been completely successful due to many factors encouraging slash and burn cultivation, such as geographical location, traditions, socio-economic bases, and the technical and professional comprehen- sion of people in the local and mountainous areas.”3 Upland peoples have certainly suffered a great deal due to the government’s swidden agriculture eradication program (see The In- digenous World, 2001-2002) but many donors, including the Asian Development Bank (ADB), are apparently oblivious to the past problems associated with eradicating shifting cultivation. For example, the ADB is continuing to fund a pilot project “for the termination of slash-and-burn cultivation in Sam Neua District, Houaphan province”. The project covers 48 indigenous villages with a population of 12,600 people and includes 1,130 ha under swidden agriculture.4 The United Nations Drug Control Programme is also supporting these efforts, since many of the project’s target villages are also involved in opium production. Despite the continuing efforts to eradicate shifting agriculture,

there are at least some people in the Lao government who are begin-

ning to question the wisdom and feasibility of their plans, and some •

•

are redefining government policy in order to make it fit with what is •

•

actually feasible. For example, the Deputy Governor of Savannakhet • •

• Province now classifies shifting cultivation areas into two categories: •

• 279

• 280 their livelihoods. their • •

• being relocated, and that they often have a difficult time adjusting time difficult a have often they that and relocated, being •

•

mountainous areas often suffer serious health problems soon after soon problems health serious suffer often areas mountainous •

•

years suggest that indigenous people resettled to the lowlands from lowlands the to resettled people indigenous that suggest years •

livelihoods of the people but various studies conducted in recent in conducted studies various but people the of livelihoods

relocated. There have been no reports regarding the impact on the on impact the regarding reports no been have There

newly developed roads. 52 families in two villages were reportedly were villages two in families 52 roads. developed newly

ised better living conditions in areas where they could live along live could they where areas in conditions living better ised

themselves from their traditional way of life. The people were prom- were people The life. of way traditional their from themselves

authorities of the province had urged the Tong Leuang to remove to Leuang Tong the urged had province the of authorities

. The KSPL also reported that the that reported also KSPL The . ” interest best their in resettled “

living deep in the forest and in mountainous areas along strea along areas mountainous in and forest the in deep living ms, was ms,

people, who were described as being a small and unique ethnic ethnic unique and small a being as described were who group

” Leuang Tong “ of group this that reported , ice, Khao San Pathet Lao Pathet San Khao

xay Province, Central Laos in April 2002. The official Lao news serv- news Lao official The 2002. April in Laos Central Province, xay

was reported to have been resettled in Khamkeut District, Bolikham- District, Khamkeut in resettled been have to reported was

last hunter and gather groups gather and hunter last ’ Laos of one concern, particular Of

. ” voluntary “ is Laos in resettlement

lowlands, along the roads, although the government claims that all that claims government the although roads, the along lowlands,

of indigenous peoples from mountainous and remote areas to the to areas remote and mountainous from peoples indigenous of

closely linked to forced - or at least strongly encouraged - relocation - encouraged strongly least at or - forced to linked closely

Efforts to eradicate shifting cultivation have, unfortunately, also been also unfortunately, have, cultivation shifting eradicate to Efforts

Relocation programs Relocation

of local production systems. production local of

areas where swidden agriculture has long been the main component main the been long has agriculture swidden where areas

erty as well as environmental and social degradation, especially in especially degradation, social and environmental as well as erty

reports that the program has actually contributed to increasing pov- increasing to contributed actually has program the that reports

critical review by the government, at least partially due to recent to due partially least at government, the by review critical

Land and Forest Allocation Program may already be undergoing a undergoing be already may Program Allocation Forest and Land

It has also been reported that the Lao government Lao the that reported been also has It s controversial s ’

these subtle changes in policy will have over the coming years. coming the over have will policy in changes subtle these

them. It however still remains unclear as to the practical impact that impact practical the to as unclear remains still however It them.

this redefinition of government policy is potentially very good news for news good very potentially is policy government of redefinition this

have long practiced various forms of rotational swidden cultivation, so cultivation, swidden rotational of forms various practiced long have

cultivation in upland areas. In fact, most of the ethnic groups in Laos in groups ethnic the of most fact, In areas. upland in cultivation

agriculture but that there may still be a place for rotational shifting rotational for place a be still may there that but agriculture

they say that the government policy is to eradicate pioneer swidden pioneer eradicate to is policy government the that say they

ers in the government have also begun doing the same. Conveniently, same. the doing begun also have government the in ers pioneer swidden cultivation and rotational swidden agriculture. Oth- agriculture. swidden rotational and cultivation swidden pioneer In The Indigenous World 2001-2002, it was reported that there were plans to relocate a large number of indigenous peoples from northern Laos to the southern province of Attapeu but that local authorities were not in favour of the plan. In 2002, most of the 20 or so ethnic Hmong families that had initially moved to Phou Vong District were asked by the ethnic Brao-dominated local government to return to the north. Despite initially resisting attempts to orchestrate their return, most of the Hmong had left Attapeu for the north by the end of 2002.

Push for industrial tree plantations

Apparently related to the swidden agriculture eradication program, and the rapid decline of natural forests due to heavy logging in recent years, which is often associated with large-scale exports of raw logs to neighbouring countries, the government of Laos has stepped up its interest in large industrial tree plantations. These plantations are generally monocultures dominated by non-indigenous trees species, particularly pine and eucalyptus. They are environmentally and socially destructive since they often replace diverse natural forests and displace indigenous peoples from their ancestral lands. Despite this, some aid agencies have fallen into the trap of supporting these initiatives. Recently published research regarding industrial tree plantations in Laos does not support the assumption that such developments are benefiting local people.7

Sepon gold and copper mine moves ahead

In 2002, the Australian company Oxiana Resources, and Lang Xang Mineral Company, moved forward with their joint-venture gold mine in Sepon District, Savannakhet Province, an area populated mainly by indigenous Brou people. In 2002, the associated and larger copper project was the subject of an intensive feasibility study but concerns remain regarding the potential for project-related social and environmental impacts. Concerns are especially strong regarding the fate of the ethnic Brou communities living within the concession area, as well as

in relation to the potential negative impacts that will be caused by mine-

related pollution of the Kok River. Despite these concerns, the project •

•

is being supported with a US$ 30 million debt-financing package pro- •

•

vided by the International Finance Company (IFC), the private finance • •

• division of the World Bank. Production is expected to begin in 2004. •

• 281

• 282

•

. ”

Bokeo •

•

Aid for relocated villagers in villagers relocated for Aid “ 2002. 15, February . 2 Lao

Khao San Pathet San Khao •

•

Lao PDR/Canada Fund for Local Initiatives. Local for Fund PDR/Canada Lao •

•

1 The People and Their River. Their and People The Shoemaker, B., I.G. Baird and M. Baird. 2001. Baird. M. and Baird I.G. B., Shoemaker, •

Notes and references and Notes

in Lao PDR. Lao in ❑

represent an important step forward in recognising ethnic diversity ethnic recognising in forward step important an represent

National Assembly will adopt the list, and that full acceptance will acceptance full that and list, the adopt will Assembly National

approval in February or March 2003. It is widely accepted that the that accepted widely is It 2003. March or February in approval

expected that it will be presented to the National Assembly for final for Assembly National the to presented be will it that expected

and, later in the year, the Government fully adopted the list. It is It list. the adopted fully Government the year, the in later and,

cially announced the new list at its annual plenum on March 27, 2002 27, March on plenum annual its at list new the announced cially

adoption of this list. The Lao Front for National Construction offi- Construction National for Front Lao The list. this of adoption

groups. As expected, in 2002 there was continued progress in the full the in progress continued was there 2002 in expected, As groups.

49 ethnic groups as being present in Laos, including at least 149 sub- 149 least at including Laos, in present being as groups ethnic 49

buro adopted the new list of names in late 2001. The list recognises list The 2001. late in names of list new the adopted buro

the Lao Polit- Lao the in reported As Laos. The Indigenous World 2001-2002, World Indigenous The

the increased recognition of a new list of names for ethnic groups in groups ethnic for names of list new a of recognition increased the

indigenous peoples in 2002 was 2002 in peoples indigenous ’ Laos for development positive One

recognition

New list of ethnic group names obtains further obtains names group ethnic of list New

government.

anti-government rebel activities in Laos, and is despised by the Lao the by despised is and Laos, in activities rebel anti-government

is the Hmong leader in the USA who is most strongly associated with associated strongly most is who USA the in leader Hmong the is

Yangdao does not like Vang Pao Vang like not does Yangdao “ , . ” ideas s ’ Vang Pao Vang Vientiane Times Vientiane

associated with moderate Hmong elements and, according to the to according and, elements Hmong moderate with associated

which are run by Hmong people. In fact, Dr. Yangdao has long been long has Yangdao Dr. fact, In people. Hmong by run are which

opposed by anti-Lao government groups based in the USA, many of many USA, the in based groups government anti-Lao by opposed

ment to gain preferential trading status with the USA, which is often is which USA, the with status trading preferential gain to ment

years. The invitation seemed to be linked to efforts by the Lao govern- Lao the by efforts to linked be to seemed invitation The years.

the Lao Minister of Foreign Affairs. It was his first visit to Laos in 27 in Laos to visit first his was It Affairs. Foreign of Minister Lao the

nity leader in the USA, Dr. Yangdao, visited Laos on invitation from invitation on Laos visited Yangdao, Dr. USA, the in leader nity

Laos, it is significant that in late 2002 the prominent Hmong commu- Hmong prominent the 2002 late in that significant is it Laos,

Amid continuing reports of intermittent rebel conflicts in northern in conflicts rebel intermittent of reports continuing Amid Important Hmong leader visits Laos visits leader Hmong Important 3 Vientiane Times. August 6-8, 2002. “Upland Agriculture: new alternative to slash and burn cultivation”. 4 Khao San Pathet Lao. February 5, 2002. “Laos, ADB discuss swidden cultivation in Houaphan”. 5 It is unclear what the actual name of the ethnic group is but it is certainly not Tong Leuang, which is a pejorative used by Lao people to describe all hunter-gatherers. 6 Khao San Pathet Lao. April 2, 2002. “Tong Leuang ethnic group moves to new settlements”. 7 Lang, C. 2002. The Pulp Invasion. The International Pulp and Paper Industry in the Mekong Region. World Rainforest Movement, United Kingdom. 8 Vientiane Times. December 10-12, 2002. “Expat leader in Laos to see for himself”. 9 See Gary Yia Lee. 2000. “Bandits or Rebels? Hmong Resistance in the New Lao State”. Indigenous Affairs 4/2000. Copenhagen: IWGIA.

Other sources

International Rivers Network. 2003. “New Lao Dam Embroiled in Contro- versy. Report from a Fact-Finding Mission to the Nam Mang 3 Hy- dropower Project”. March 2003, Berkeley, CA, USA, 16 pp. Khao San Pathet Lao. 2002: February 20 and 25, May 22, and December 13. Khao San Pathet Lao. 2003: January 1, and 2. State Planning Committee. 2000. Poverty in the Lao PDR: Participatory Pov- erty Assessment Vientiane Times. 2002: March 29-April 1, May 28-30, June 11-13, June 28-July 1, September 13-16, and December 20-23.

BURMA

he non-Burman ethnic groups of Burma are estimated to make up T 60% of Burma’s total population. However, they have been ruled by successive Burman-dominated military regimes since 1962, despite the Panglong Agreement signed in 1947, which aimed to unite the ethnic nationalities to form the Union of Burma. It is the non-

Burman ethnic groups, generally referred to as “ethnic nationalities”, •

1 •

that are considered to be Burma’s indigenous peoples. •

•

• •

• 283

• 284 alism and continue to develop their constitutions. their develop to continue and alism • •

• ties have stated their desire to be a part of a legitimate form of feder- of form legitimate a of part a be to desire their stated have ties •

•

dialogue and a genuine nationwide cease-fire. Most ethnic nationali- ethnic Most cease-fire. nationwide genuine a and dialogue •

•

ethnic nationality groups, has also reiterated its call for tripartite for call its reiterated also has groups, nationality ethnic •

organization. The National Democratic Front (NDF), comprising 11 comprising (NDF), Front Democratic National The organization.

the future. The SPDC has refused to acknowledge the UNA as a legal a as UNA the acknowledge to refused has SPDC The future. the

represent ethnic nationalities should there be a tripartite dialogue in dialogue tripartite a be there should nationalities ethnic represent

, to , ” measure temporary “ a as groups nationality ethnic 7 by formed

racy movement. In July, the United Nationalities Alliance (UNA) was (UNA) Alliance Nationalities United the July, In movement. racy

standing among themselves as well as with the nationwide democ- nationwide the with as well as themselves among standing

ethnic nationality groups are forging greater alliances and under- and alliances greater forging are groups nationality ethnic

While the SPDC continues to pursue a path of divide and conquer, and divide of path a pursue to continues SPDC the While

Growing alliances Growing

international pressure. international

and promising never to bow to bow to never promising and ” elements destructive “ these against

begun, and is unlikely to, as the SPDC is calling for people to rise up rise to people for calling is SPDC the as to, unlikely is and begun,

has ” dialogue substantial “ no date, To defenders. pro-democracy and

ality areas and re-accelerated their rate of arrests of ethnic nationality ethnic of arrests of rate their re-accelerated and areas ality

San Suu Kyi, the NLD and human rights defenders in ethnic nation- ethnic in defenders rights human and NLD the Kyi, Suu San

the latter part of 2002, the SPDC began open harassment of Daw Aung Daw of harassment open began SPDC the 2002, of part latter the

Suu Kyi was released, the SPDC destroyed villages in Karen State. In State. Karen in villages destroyed SPDC the released, was Kyi Suu

Indicative of what was to come, on the same day Daw Aung San Aung Daw day same the on come, to was what of Indicative

of Burma. of

tripartite dialogue with representatives from the ethnic nationalities ethnic the from representatives with dialogue tripartite

between the SPDC and the NLD, as the SPDC would not agree to a to agree not would SPDC the as NLD, the and SPDC the between

national reconciliation. However, the the However, reconciliation. national was only to be to only was ” dialogue “

begin, which renewed hope for progress on democratisation and democratisation on progress for hope renewed which begin,

confidence-building stage was over and substantial dialogue could dialogue substantial and over was stage confidence-building

The SPDC declared that a a that declared SPDC The had been turned, that the that turned, been had ” page new “

Daw Aung San Suu Kyi following over 19 months of house arrest. house of months 19 over following Kyi Suu San Aung Daw

release of the popular National League for Democracy (NLD) leader (NLD) Democracy for League National popular the of release

relations firm, DCI, made their d their made DCI, firm, relations but for the regime, announcing the announcing regime, the for but é

s powerful and politically-connected US public US politically-connected and powerful s ’ regime the 6, May

munity with the delays in taking steps towards democratisation. On democratisation. towards steps taking in delays the with munity

deflect growing imp growing deflect atience from the UN and the international com- international the and UN the from atience

ment Council (SPDC), released several hundred political prisoners to prisoners political hundred several released (SPDC), Council ment

During 2002, the ruling military regime, the State Peace and Develop- and Peace State the regime, military ruling the 2002, During Building confidence? Building

•

• •

• 285

• 286 approve any NGOs working in Arakan State, have consistently har- consistently have State, Arakan in working NGOs any approve • •

•

intertwined in Rohingya and Rakhine communities. They have to have They communities. Rakhine and Rohingya in intertwined •

• as they have become thoroughly become have they as ” security “

powers extend beyond beyond extend powers •

•

using forced labour and extortion to construct their compounds. Their compounds. their construct to extortion and labour forced using •

of Rohingya and Rakhine people live. NaSaKa forces are notorious for notorious are forces NaSaKa live. people Rakhine and Rohingya of

NaSaKa, which are concentrated in Arakan State, where the majority the where State, Arakan in concentrated are which NaSaKa,

s border security forces, security border s ’ SPDC the are concern growing Another

bases.

has confiscated more than 2,000 acres of land to build heavy artillery heavy build to land of acres 2,000 than more confiscated has

example, in Mon State, where cease-fires have been signed, the SPDC the signed, been have cease-fires where State, Mon in example,

human rights violations that are implicit in SPDC occupation. For occupation. SPDC in implicit are that violations rights human

concern not only about their planned military offences but also the also but offences military planned their about only not concern

military bases throughout ethnic nationality regions. This raises This regions. nationality ethnic throughout bases military

same time. same In 2002, the SPDC expanded, upgraded and created new created and upgraded expanded, SPDC the 2002, In

and can more effectively fight on multiple fronts at the at fronts multiple on fight effectively more can and ” surgencies

tary has the ability to deal with internal uprisings and ethnic ethnic and uprisings internal with deal to ability the has tary in- “

actively growing and developing more capabilities. The SPDC mili- SPDC The capabilities. more developing and growing actively

s military force is the second largest in the region and region the in largest second the is force military s ’ Burma

cultural traditions. cultural ” approved “ SPDC with

resources and to create a more homogenous culture that is in line in is that culture homogenous more a create to and resources

nationality areas aim to end ethnic armed opposition, gain control of control gain opposition, armed ethnic end to aim areas nationality

and armoured vehicles from China. The military forces in ethnic in forces military The China. from vehicles armoured and

shipment from India and received several shipments of arms, missiles arms, of shipments several received and India from shipment

military action against these groups. It has secured its second arms second its secured has It groups. these against action military

, the SPDC has increased its increased has SPDC the , ” world 11 post-September the in terrorism

more than 10 armed groups remain. Using the pretext of of pretext the Using remain. groups armed 10 than more fighting “

throughout Burma. There have been 17 cease-fire negotiations but negotiations cease-fire 17 been have There Burma. throughout

military control is the way to create create to way the is control military ” unification “ and ” stability “

The SPDC subscribes to the belief that a strong military and tight and military strong a that belief the to subscribes SPDC The

Militarisation

cratic elections. cratic

gible are individuals and parties that were elected in the 1990 demo- 1990 the in elected were that parties and individuals are gible

1998, has begun accepting applications for new members. Those eli- Those members. new for applications accepting begun has 1998,

received. The Committee Representing People Representing Committee The received. s Parliament, formed in formed Parliament, s ’

ethnic nationality political parties, and this has been generally well generally been has this and parties, political nationality ethnic

country to re-vitalize the party as well as increase dialogue with other with dialogue increase as well as party the re-vitalize to country

Aung San Suu Kyi and some NLD members have travelled around the around travelled have members NLD some and Kyi Suu San Aung

movement, of which ethnic nationalities are an integral part. Daw part. integral an are nationalities ethnic which of movement, There has been intentional effort focused on uniting the opposition the uniting on focused effort intentional been has There assed UNHCR officials, placed humiliating restrictions on marriage and are reportedly raping women with impunity. The widespread use of landmines continues to terrorize and maim civilians. Since 2001, the SPDC has had a plan to “fence the country” with landmines. NaSaKa forces and 13 ethnic nationality and armed groups also use landmines to protect their business interests, and narcotics production, from military intrusion.3

Economic domination

Ethnic nationality areas are being suffocated by the SPDC, not only by military infiltration but also by economic dominance. In Arakan State, NaSaKa forces have been “successful” in achieving a monopoly over nearly all trade and commerce. In Shan and Arakan States, resettlement of ethnic Burmans in SPDC “urbanization projects” is furthering the economic domination and dependency of the indigenous people in those states. Food security has reached near crisis levels in many areas, yet the NaSaKa and SPDC banned the trading of certain staple foods in several ethnic nationality states in order to manipulate trade and provide more food for the city centres. The food crisis was created by the regime closing the border with Thailand for five months and forcibly increasing rice exports to a rate that makes it impossible for farmers to retain enough for domestic consumption. Furthermore, farmers are forced to sell rice to the regime at prices that leave them with no profit and land is being confiscated without compensation in order to cultivate more rice. Many ethnic nationality states have been identified as ‘prime sources’ of precious gem mining and regional tourism. The SPDC is offering 42 blocks to foreign companies for gem exploration, mainly in ethnic nationality areas. The regime is also working with Thailand’s Prime Minister Thaksin on tourism development in Kachin State. A proposed project for a gas pipeline from Arakan State to India and Bang- ladesh is being orchestrated by regime forces, and many people from

Arakan State fear that forced labour will be used on the pipeline.

Forced labour •

•

Resolution 2002/67 of the United Nations Commission on Human • •

• Rights called for the end of “institutionalized human rights abuses” •

• 287

• 288 economic conditions being perpetuated by the military regime. military the by perpetuated being conditions economic • •

• knowingly being sold or being sold by their parents due to the extreme the to due parents their by sold being or sold being knowingly •

•

ethnic nationality communities are particularly vulnerable, either un- either vulnerable, particularly are communities nationality ethnic •

•

tions. While many people are victims of trafficking, women from women trafficking, of victims are people many While tions. •

not making significant efforts to comply with previous recommenda- previous with comply to efforts significant making not

with the US Anti-Trafficking of Persons Act (2000) and denounced for denounced and (2000) Act Persons of Anti-Trafficking US the with

published by the US State Department as not complying not as Department State US the by published Report 2002

Burma was again classified by the annual annual the by classified again was Burma Trafficking in Persons in Trafficking

reform in Burma. in reform

the regime until irreversible changes are made towards democratic towards made are changes irreversible until regime the

called on the international community to withhold all forms of aid to aid of forms all withhold to community international the on called

the causes of the systematic rape without democratic reforms and reforms democratic without rape systematic the of causes the

reported. The SWAN spokesperson said it was impossible to address to impossible was it said spokesperson SWAN The reported.

women in other ethnic nationality communities is continuously being continuously is communities nationality ethnic other in women

SPDC soldiers. Since the release of the report, the systematic rape of rape systematic the report, the of release the Since soldiers. SPDC

forced people to sign documents denying the existence of rape by rape of existence the denying documents sign to people forced

gations, which were carried out with threats and intimidation. It intimidation. and threats with out carried were which gations,

into the rape alle- rape the into ’ investigations ‘ sham two launched SPDC The

between 1996 and 2001, committed by soldiers, 83% by officers. by 83% soldiers, by committed 2001, and 1996 between

lation in Shan State. The report involves 625 cases of sexual violence sexual of cases 625 involves report The State. Shan in lation

against the civilian popu- civilian the against ” war of weapon a as condoned officially is

gives clear evidence that rape that evidence clear gives “ report The . entitled report License to Rape to License

s Action Network (SWAN) released a detailed and gruesome and detailed a released (SWAN) Network Action s ’ Women

On June 19, the Shan Human Rights Foundation (SHRF) and Shan and (SHRF) Foundation Rights Human Shan the 19, June On

Abuse of women of Abuse

will improve the situation. the improve will

It is hoped that the appointment of an ILO Liaison Officer to Burma to Officer Liaison ILO an of appointment the that hoped is It

ways victims of forced labour can seek justice. seek can labour forced of victims ways

centres, protection for victims or information in local languages on languages local in information or victims for protection centres,

has done little to implement the order, such as creating local reporting local creating as such order, the implement to little done has

ficially created Order No. 1/99 outlawing the use of forced labour but labour forced of use the outlawing 1/99 No. Order created ficially

extra-judicial, summary and arbitrary executions. The SPDC has of- has SPDC The executions. arbitrary and summary extra-judicial,

bour continues to be linked with beatings, torture, stabbings, rape and rape stabbings, torture, beatings, with linked be to continues bour

militarised areas. EarthRights International showed that forced la- forced that showed International EarthRights areas. militarised

continues unabated in ethnic nationality areas, particularly in highly in particularly areas, nationality ethnic in unabated continues

in October 2002 of an ILO Liaison Officer to Burma, forced labour forced Burma, to Officer Liaison ILO an of 2002 October in

tion with the International Labour Organization and the appointment the and Organization Labour International the with tion

wide-scale use of forced labour. Despite the SPDC the Despite labour. forced of use wide-scale s minimal coopera- minimal s ’

military offensives against the ethnic minorities, ethnic the against offensives military “ and including the including ” Displacement

Millions of people from Burma are refugees or migrants in neighbouring countries or internally displaced within Burma. A large percentage of these people are from ethnic nationality communities and are fleeing desperate economic conditions, grave human rights violations such as forced labour, forced eviction or rape, and military invasions or clashes with ethnic resistance groups. To illustrate the magnitude, the Free Burma Rangers estimated that, in Karen State, between January and July 2002, more than 470 villages were burned down or forcibly relocated by SPDC forces. More than two million people from Burma are estimated to live in Thailand. When the SPDC slammed the border shut between May and October, many Thai officials expressed the opinion that Thai- land’s tolerance of ethnic resistance forces and human rights organizations operating out of the country were the reason why relations between the SPDC and the Thai Government were hitting an all-time low. To assist in reconciliation with the SPDC, Thailand issued new restrictions to hinder activities of pro-democracy organizations working in Thailand, primarily by using immigration laws to deport or repatriate people to Burma.5 In early August, the Thai Defence Minister ordered the leaders of Burmese and ethnic nationality groups to be monitored and arrested if found in Thailand without legal documentation.6 Thai officials have since been raiding offices and arresting and deporting people from ethnic nationality and human rights organizations, as well as undocumented migrant workers, even after the border was reopened. The Bangladeshi government has continued to press the SPDC to accept the repatriation of nearly 20,000 asylum seekers, mostly Rohingya, but the SPDC has refused, at times claiming that the Rohingyas are not citizens of Burma. The asylum seekers have held numerous protests and hunger strikes to demand UNHCR status, even threatening “to fast until death”. Malaysia has taken the strongest stance, with a “zero-tolerance” policy on undocumented migrants. While persecution of ethnic nationalities in Burma continues to escalate, their options for asylum are rapidly dwindling. The SPDC is working to prevent the exodus of people from Burma by

tightening border policies with neighbouring countries as well as by

threatening severe punishments to citizens caught leaving Burma. •

•

• •

• 289 • 290 • • • • • •

•

” Allegation. ’ Tape

Terror ‘ Investigate to Myanmar “ 2002. Sept. 1 - Aug. 26 7 Myanmar Times Myanmar

6 ibid.

” Prevail. Still Groups Rights Human and Democracy

Border Update: Fears of Crack Down on Pro- on Down Crack of Fears Update: Border “ 2002. Sept. 10 , 5 Forum Asia Forum

www.shanland.org/shrf/License_to_Rape/ license_to_rape.htm www.shanland.org/shrf/License_to_Rape/

4 The full report can be found at: found be can report full The 4

. ” Report

Landmine Monitor Landmine “ 3 International Campaign to Ban Landmines. 2002. Landmines. Ban to Campaign International

. ” Forces Armed

Myanmar: The Future of the of Future The Myanmar: “ 2002. Sept. 27 . 2 International Crisis Group Crisis International

to all the citizens of Burma. of citizens the all to

refers ” Burmese “ while group ethnic dominant the to refers ” Burman “ 1

Notes

against them. against ❑

regime is attempting to legitimise offences committed by the SPDC the by committed offences legitimise to attempting is regime

with Bangladesh. with By classifying all the Rohingya as terrorists, the terrorists, as Rohingya the all classifying By

Muslim-based terrorist organizations were operating on its border its on operating were organizations terrorist Muslim-based

eration to Combat International Terrorism, the SPDC announced that announced SPDC the Terrorism, International Combat to eration

After the SPDC signed the US-ASEAN Joint Declaration for Coop- for Declaration Joint US-ASEAN the signed SPDC the After

shops are being boycotted. being are shops

Muslim literature is being openly sold in central Burma and Muslim and Burma central in sold openly being is literature Muslim

the building or repairing of mos of repairing or building the ques. It has been reported that anti- that reported been has It ques.

publications, building new churches, and the SPDC has banned has SPDC the and churches, new building publications,

cancelled without justification. justification. without cancelled Restrictions are placed on religious on placed are Restrictions

must apply for permission to hold religious events, which are often are which events, religious hold to permission for apply must

conversion of Christians and Muslims to Buddhism. Non-Buddhists Buddhism. to Muslims and Christians of conversion

, which highlighted Burma highlighted which , s practice of forced of practice s ’ gious Freedom Act Act Freedom gious Report

by the US State Department State US the by ” concern lar s annual annual s ’ International Reli- International

For the third year in a row, Burma was labelled labelled was Burma row, a in year third the For a country of particu- of country a “ Religion NAGALIM1

Naga leaders make an historic trip to India

or the first time in 37 years, Naga leaders Isak Chishi Swu and F Thuingaleng Muivah, Chairman and Secretary-General of the National Socialist Council of Nagalim (NSCN-Isak Muivah faction) formally set foot on Indian soil on January 9, 2003. Thousands of Nagas, who had come to Delhi in anticipation of their visit, and Naga students in Delhi received them at the Indira Gandhi Interna- tional Airport with a traditional welcome dance and waving of the national Naga flag. Their visit, the first in more than fifty years by the top Naga leadership, came at the invitation of the Prime Minister of India, Mr. Atal Bihari Vajpayee. It was loudly hailed in the Indian media. The primary aim of the visit was to strengthen the confidence building process. Apart from the meetings with the Prime Minister and members of his Council of Ministers, and the meetings with the Indian Opposition leaders and MPs, they were also able to meet with civil society organizations. In a unique gesture of goodwill, the former Prime Ministers of India V.P. Singh, Chandra Shekhar and Dev Gowda hosted an “All Party” dinner in honour of the Naga leaders. All these were reported in the media with enthusiasm. The extensive media coverage of their arrival and departure, the numerous meetings, interviews and media speculations on the future of the Nagas, it appears, made visible impact on the general public in terms of their perception of who the Nagas are. It seems like the general public in India has been encouraged by the visit to take a fresh look at the Nagas instead of clinging on to the old perception that holds the Nagas as some kind of savages. The visit was preceded by an important development in the official negotiation table. In July 2002, the Indian and Naga peace teams took up the Preamble of the Naga proposal, an outline of the history of the Nagas as a distinct people. After several days of consultation with Delhi, the Indian team consented to the Preamble. The Joint Communiqué of the teams issued on 11 July 2002 stated

that India recognized the uniqueness of the Naga issue. The agree-

ment on the Preamble of the proposal was considered fundamental •

•

to the future negotiations as the preambular section sets out the •

•

historical context of the issues to be resolved. • •

• •

• 291

• 292 areas. And they have not given up their taste for action. Harassment action. for taste their up given not have they And areas. • •

• the army has not been fully withdrawn from operating in civilian in operating from withdrawn fully been not has army the •

•

There has been an improvement in the overall situation. However, situation. overall the in improvement an been has There •

•

Army seems to have prevailed over the Manipur State Police. State Manipur the over prevailed have to seems Army •

, but the Indian the but , ” captured “ members NSCN and banned be should

Ukhrul, Manipur. Many Manipuris made demands that the meeting the that demands made Manipuris Many Manipur. Ukhrul,

Chief, openly participated in a five-day public meeting at Khambi, at meeting public five-day a in participated openly Chief,

homeland. Many senior leaders of NSCN-IM, including its Army its including NSCN-IM, of leaders senior Many homeland.

are able to move around openly in almost all parts of their ancestral their of parts all almost in openly around move to able are

spirit of the cease-fire. NSCN-IM leaders and their army commanders army their and leaders NSCN-IM cease-fire. the of spirit

Most units of the Indian Army in Naga areas are observing the observing are areas Naga in Army Indian the of units Most

sary of the NSCN-IM. the of sary

of the organisation which, since their split, has been a major adver- major a been has split, their since which, organisation the of

from power. In any case, the statement is a major shift in the position the in shift major a is statement the case, any In power. from

relations between Jamir and the NSCN-K following Jamir following NSCN-K the and Jamir between relations s departure s ’

statement of condemnation issued by NSCN-K is a sign of strain in strain of sign a is NSCN-K by issued condemnation of statement

for drawing up the Memorandum. However, it is not clear whether the whether clear not is it However, Memorandum. the up drawing for

galand State and a known ally of NSCN-K, has often claimed credit claimed often has NSCN-K, of ally known a and State galand

among the Nagas. Mr. S.C. Jamir, the deposed Chief Minister of Na- of Minister Chief deposed the Jamir, S.C. Mr. Nagas. the among

which has brought about deep divisions and ultimately fratricide ultimately and divisions deep about brought has which

of Nagaland was created in 1963 on the basis of this Memorandum, this of basis the on 1963 in created was Nagaland of

Understanding between NPC and the Indian government. The State The government. Indian the and NPC between Understanding

. ” Nagas the among division This refers to the Memorandum of Memorandum the to refers This

brought seeds of hatred and hatred of seeds brought “ agreement, the that said has and (NPC),

tween the government of India and the Naga People Convention People Naga the and India of government the tween

statement condemning the 16-point agreement of 1960 signed be- signed 1960 of agreement 16-point the condemning statement

One most significant development is that NSCN-K has issued a issued has NSCN-K that is development significant most One

both sides were so far satisfied with the cease-fire. the with satisfied far so were sides both

in Nagaland. Although no political talks have been held, or proposed, or held, been have talks political no Although Nagaland. in

between them, as well as to their decision to fight against against fight to decision their to as well as them, between ” terrorism “

(NSCN-K) have also announced a one-year extension to the cease-fire the to extension one-year a announced also have (NSCN-K)

India and the NSCN faction under the leadership of Khaplang of leadership the under faction NSCN the and India

year-long cease-fire has also been extended for one year. one for extended been also has cease-fire year-long

longer be easily branded as a a as branded easily be longer organisation. The almost six- almost The organisation. ” terrorist “

NSCN-IM members. More importantly it means the NSCN-IM can no can NSCN-IM the means it importantly More members. NSCN-IM

Ramson. The lifting of the ban is not just about free movement for movement free about just not is ban the of lifting The Ramson.

vah and the Chief of Staff of the Naga Army, Major General Hanshi General Major Army, Naga the of Staff of Chief the and vah

cases registered against its top leaders, including Thuingaleng Mui- Thuingaleng including leaders, top its against registered cases

lifting the ban on the NSCN-IM and withdrawing all the criminal the all withdrawing and NSCN-IM the on ban the lifting

The government of India has taken some difficult decisions, including decisions, difficult some taken has India of government The Six years of cease-fire of years Six of civilians at check points is still prevalent and they have often sin- gled out civil society activists for humiliation whenever they have the opportunity to carry out “security” checks. Furthermore, the peace talks between the government of India and the NSCN-IM are being watched with apprehension by the state governments of Assam, Aruna- chal Pradesh and Mani- pur, which have sizeable Naga populations. They vehemently oppose the recognition of Nagalim as this would imply a loss of state territory. Likewise, some ethnic groups in these states see the recognition of Nagalim as a threat to their own integrity and identity, and, consequently, present territorial counter- claims (see section on the Northeast in the chapter on India).

Nagaland State freed from Special Powers Act

The new State government formed by the Democratic Alliance of Nagaland has decided not to renew the Disturbed Areas Notification. This Notification is a formality the civilian administration has to declare before activating the Armed Forces Special Powers Act, which gives the armed forces a virtually free hand for arbitrary action against anyone arousing their suspicion. Nagaland State stands to benefit greatly from this bold and rightful decision. The new State government has also formed a Consultative Peace Committee composed of elected members and leading members of the civil society organiza-

tions to facilitate the peace process. The Committee, however, faces

enormous challenges as it has to deal with deep political and tribal •

•

divisions among the Naga people, and the wounds created by inter- •

•

factional fighting among them are not yet healed. But with some of the • •

• basic preconditions now in place, there is more reason for hope than •

• 293

• 294

• ’ Nagaland ‘

ited areas, both in India and Burma. It replaces the term term the replaces It Burma. and India in both areas, ited •

• and encompasses all Naga inhab- Naga all encompasses and ” land ancestral Naga “ 1 Nagalim means means Nagalim 1 • •

•

Notes and sources and Notes •

dhism. Punishment for non-compliance is reportedly forced labour. forced reportedly is non-compliance for Punishment dhism. ❑

trying to forcibly convert Nagas, who are mostly Christian, to Bud- to Christian, mostly are who Nagas, convert forcibly to trying

been sending its army into the Eastern Naga Hills for several years, several for Hills Naga Eastern the into army its sending been

Democracy, informed the press that the military regime in Burma had Burma in regime military the that press the informed Democracy,

Buddhist monk. Mr. L. Longsa, Secretary of the Naga League for League Naga the of Secretary Longsa, L. Mr. monk. Buddhist

Layshi village, a teenage girl was raped by a military-sponsored a by raped was girl teenage a village, Layshi

Recently, many Nagas were killed at Loikha village. In the nearby the In village. Loikha at killed were Nagas many Recently,

regime in Rangoon has been intensifying its Burmanisation program. Burmanisation its intensifying been has Rangoon in regime

In Eastern Nagalim, across the Indian-Burmese border, the military the border, Indian-Burmese the across Nagalim, Eastern In

Imposing state religion state Imposing

their presence in Nagalim. in presence their

stark difference in physical appearance, there is no official record of record official no is there appearance, physical in difference stark

the immigrants stand out from the local population because of their of because population local the from out stand immigrants the

istrative infrastructure to handle the issue specifically issue the handle to infrastructure istrative . ” Although

and monitoring Inner Line Permits (ILP) and a lack of suitable admin- suitable of lack a and (ILP) Permits Line Inner monitoring and

migrants are cheap labour, a lack of proper co-ordination in issuing in co-ordination proper of lack a labour, cheap are migrants

Party in India, has stated that that stated has India, in Party the main causes of the influx of illegal of influx the of causes main the “

Bharatiya Janata Yuva Morcha (BJYM), the youth branch of the ruling the of branch youth the (BJYM), Morcha Yuva Janata Bharatiya

million immigrants in less than twenty-five years. twenty-five than less in immigrants million Interestingly, the Interestingly,

conditions it would require great social strength to take in half a half in take to strength social great require would it conditions

For Nagalim, with less than three million people, even under normal under even people, million three than less with Nagalim, For

230,000 from India, 220,000 from Bangladesh and 50,000 from Nepal. from 50,000 and Bangladesh from 220,000 India, from 230,000

Naga society. They come from the South Asian subcontinent, about subcontinent, Asian South the from come They society. Naga

Nagalim is becoming a threat to the reconstruction and survival of survival and reconstruction the to threat a becoming is Nagalim

The rising population of illegal immigrants in the Indian part of part Indian the in immigrants illegal of population rising The

Illegal immigration Illegal

reconciliation initiative. reconciliation

of the Nagas, which have committed themselves to an encompassing an to themselves committed have which Nagas, the of

society organisations and the Naga Naga the and organisations society , the supreme all-tribal council all-tribal supreme the , Hoho during the past decades. Much of this hope rests on the Naga civil Naga the on rests hope this of Much decades. past the during which has formerly been used and which is also the name the Indian government gave to the Union State it created in a limited part of Nagalim in 1963. 2 NET News Network, 17 May 2003. 3 Illegal immigration has been taking place ever since the military occupation of Nagalim in 1960. It was, however, limited in numbers. Large- scale immigration commenced in 1981, beginning with people fleeing the mass ethnic cleansing killings in Assam in the wake of the Assam student movement. 4 NET News Network, 19 May 2003.

NET News Network. Dimapur. 29 November 2002, 6 April 2003, 28 April

2003, 30 April 2003, and 7 May 2003.

•

• •

• 295 • 296 • • • • • • • •

•

SOUTH ASIA • • •

• 297

• 298 the provision of the Local Government Council Act of 1989 requiring 1989 of Act Council Government Local the of provision the •

•

• s laws of 1989. of laws s ’ Council District In these petitions, it is alleged that alleged is it petitions, these In 3 •

•

Supreme Court to hear petitions that challenge the legality of the Hill the of legality the challenge that petitions hear to Court Supreme •

•

Dates have been set by the High Court Division of the Bangladesh the of Division Court High the by set been have Dates •

have either been left unimplemented or only partially implemented. partially only or unimplemented left been either have

Council Act, rehabilitation of the Bengali settlers outside CHT etc. CHT outside settlers Bengali the of rehabilitation Act, Council

enforcement of the three Hill District Councils and CHT Regional CHT and Councils District Hill three the of enforcement

paring a voter list of the permanent residents of CHT only, effective only, CHT of residents permanent the of list voter a paring

temporary camps of security forces and military administration, pre- administration, military and forces security of camps temporary

ma refugees and internally Jumma displaced families, withdrawal of withdrawal families, displaced Jumma internally and refugees ma

Commission for settling land disputes, rehabilitation of returnee Jum- returnee of rehabilitation disputes, land settling for Commission

regard. Most of the provisions, such as the formation of the Land the of formation the as such provisions, the of Most regard.

even gone as far as to question the sincerity of the government in this in government the of sincerity the question to as far as gone even

critical of the lack of progress in implementing the Accord, and has and Accord, the implementing in progress of lack the of critical

the PCJSS and member of the now defunct committee, has been openly been has committee, defunct now the of member and PCJSS the

Accord remains largely unimplemented. Mr. Larma, Chairperson of Chairperson Larma, Mr. unimplemented. largely remains Accord

the Accord but, five years on, the committee no longer exists and the and exists longer no committee the on, years five but, Accord the

An implementation committee was established to oversee progress on progress oversee to established was committee implementation An

Political developments Political

The Chittagong Hill Tracts Hill Chittagong The

the Garo peoples. Garo the

Hill Tracts (CHT) as well as the Northern hills, home to the Khasi and Khasi the to home hills, Northern the as well as (CHT) Tracts Hill

presents some of the most important developments in the Chittagong the in developments important most the of some presents

changed with self-determination an elusive challenge. This chapter This challenge. elusive an self-determination with changed

remains largely unimplemented. Five years on, much remains un- remains much on, years Five unimplemented. largely remains

ceased hostilities and agreed a framework for indigenous autonomy, indigenous for framework a agreed and hostilities ceased

Party of the Chittagong Hill Tracts) and the Bangladesh Government Bangladesh the and Tracts) Hill Chittagong the of Party

Parbattya Chattagram Jana Samhati Samiti (PCJSS- United Peoples United (PCJSS- Samiti Samhati Jana Chattagram Parbattya

Peace Accord, Peace whereby the indigenous armed movement led by the by led movement armed indigenous the whereby

ples, continues to be an area beset with tension and violence. The 1997 The violence. and tension with beset area an be to continues ples,

southeastern tip of Bangladesh, home to the indigenous Jumma peo- Jumma indigenous the to home Bangladesh, of tip southeastern

indirectly by the government. The Chittagong Hill Tracts region in the in region Tracts Hill Chittagong The government. the by indirectly

ues to encroach on their land forcibly, supported both directly and directly both supported forcibly, land their on encroach to ues

proved over the past year. The Bengali Muslim majority contin- majority Muslim Bengali The year. past the over proved

he situation of indigenous peoples in Bangladesh has not im- not has Bangladesh in peoples indigenous of situation he BANGLADESH the mandatory consent of the district councils prior to allotment and transfer of lands in the concerned district (section 64), and the provisions that the chairpersons of the regional council and the three district councils are to be held by indigenous persons, discriminate against the Bengali inhabitants of the CHT and are therefore contrary to the equal rights clauses of the Bangladesh Constitution. The situation is tense now and it is uncertain what the outcome of these cases will be, or the repercussions on the Peace Accord and the CHT as a whole. The situation is aggravated even further by the continuing conflict between the PCJSS and the UPDF (United Peoples Democratic Front), which was formed by a group of dissident students in 1998. The UPDF argues that the Peace Accord does not meet

the indigenous people’s demands for self-determination. The conflict

continues, despite attempts by indigenous leaders to get the two parties •

•

to resolve their differences and work together to protect and strengthen •

•

the rights of the indigenous Jummas. • •

• •

• 299

• 300 today little remains.This is the effect of deforestation and logging, and deforestation of effect the is remains.This little today • •

• In earlier times, the CHT hills and mountains were forest covered but covered forest were mountains and hills CHT the times, earlier In •

• Forest policy Forest •

•

Government has not yet accepted this timely and necessary support. necessary and timely this accepted yet not has Government

resettling the settler families to areas outside the CHT, the outside areas to families settler the resettling although the although

pean Union has offered its financial assistance in rehabilitating and rehabilitating in assistance financial its offered has Union pean

to the crucial nature of finding a solution to this question, the Euro- the question, this to solution a finding of nature crucial the to

one of the main obstacles to resolving the CHT issue. With reference With issue. CHT the resolving to obstacles main the of one

The question of the settlers remains in abeyance, and constitutes and abeyance, in remains settlers the of question The

attempt to ensure their presence in the CHT on a long-term basis. long-term a on CHT the in presence their ensure to attempt

in the CHT, another CHT, the in ’ residents permanent ‘ not are they although lists

implemented. In addition, settlers are being included on the CHT voter CHT the on included being are settlers addition, In implemented.

cerned to return the land to the indigenous peoples, but this has not been not has this but peoples, indigenous the to land the return to cerned

Mr. MS Dewan, Deputy CHT Minister ordered the local officials con- officials local the ordered Minister CHT Deputy Dewan, MS Mr.

is reported that both Mr. Larma, Chairperson of the Regional Council and Council Regional the of Chairperson Larma, Mr. both that reported is

village of Barkal sub-district and constructing houses on these lands. It lands. these on houses constructing and sub-district Barkal of village

Subholong, who are forcibly grabbing land from Jummas in Billachari in Jummas from land grabbing forcibly are who Subholong,

such case is that of the settlers from Barunachari and nearby areas in areas nearby and Barunachari from settlers the of that is case such

CHT, and of forcible take-overs of land from indigenous peoples. One peoples. indigenous from land of take-overs forcible of and CHT,

There are reports of continuing migration of plains settlers to the to settlers plains of migration continuing of reports are There

indigenous peoples made up 98.02% of the Hill Tracts population. Tracts Hill the of 98.02% up made peoples indigenous

indigenous people to settlers is 51:49 - a far cry from 1947 when the when 1947 from cry far a - 51:49 is settlers to people indigenous

a minority in their own homeland. The current population ratio of ratio population current The homeland. own their in minority a

like any other district in Bangladesh, with the indigenous peoples as peoples indigenous the with Bangladesh, in district other any like

are taken to protect the indigenous identity of the CHT, it will become will it CHT, the of identity indigenous the protect to taken are

with little or no means of making a living. It is feared that unless steps unless that feared is It living. a making of means no or little with

Gradually, indigenous people have been forced to relocate to hilltops to relocate to forced been have people indigenous Gradually,

majority Bengali population was implemented from 1979 onwards. 1979 from implemented was population Bengali majority

sition of the CHT and integrating the indigenous peoples into the into peoples indigenous the integrating and CHT the of sition

sored settlement programme aimed at diluting the indigenous compo- indigenous the diluting at aimed programme settlement sored

fied soon after Bangladesh gained independence. A government-spon- A independence. gained Bangladesh after soon fied

Migration to the CHT, historically an area closed to outsiders, intensi- outsiders, to closed area an historically CHT, the to Migration

Settlement programme Settlement

The current situation is as follows: as is situation current The

jects have taken their toll on the land rights of the indigenous peoples. indigenous the of rights land the on toll their taken have jects

natural resource management, colonization and development pro- development and colonization management, resource natural

indigenous region, with an indigenous system of land ownership and ownership land of system indigenous an with region, indigenous

The main question in the CHT is that of land rights. Traditionally an Traditionally rights. land of that is CHT the in question main The Land rights issues rights Land although successive governments have carried out a policy of creating “government forests” – for the purposes of “afforestation and environmental protection.” This policy has served to limit and/or restrict the access of indigenous peoples to the forests and their resources, a right they have exercised according to traditional methods of use and management of the forests and their produce. The government has different categories of forests, with increasing levels of restrictions applied: Reserved Forests (approximately 1,977.43 sq. kms.) - strictly off limits and any incursions a criminal offence; Protected Forests (87.21 sq. kms.) - some use allowed; and the residual Unclassified State Forests (6,215.90 sq. kms.).5 Begun in the 1920s, this forest policy continues to be implemented to this day, with serious socio-economic consequences for the indigenous peoples who are steadily being deprived of their ancestral lands and are criminalized for accessing and using the forests and their produce once they are designated as government-owned. The Ministry of Environment and Forests has initiated a process expanding the existing reserved forests through a series of gazette notifications (1992, 1996 and 1998). The Committee for the Protection of Forests and Land Rights in the CHT, created to mobilise support to prevent the affected indigenous peoples (approximately 200,000) from being evicted off these lands, is against these orders. It believes they will convert forests and grazing commons, homesteads and agricultural lands into industry-oriented plantations with the effect of destroying the biological and cultural diversity of the region. The indigenous peoples will receive no benefits whatsoever. The proposed areas amount to 7,411,286.30 acres (Bandarban: 7,280,917.17 acres; Khagrachari: 41,907.50 acres; and Rangamati: 88,461.63 acres).6 These notifications remain in force despite repeated demands by the Forest Committee for their repeal. Conflicts between the forest department, which is responsible for managing and administering the government forests, and the local people, are numerous. There are reports of wide-scale harassment and criminal actions against innocent villagers by forest officials. Of special concern is the practice of charging local people with the theft of forest produce on a large scale. A local NGO has claimed that the vast majority of these cases are baseless, and point to examples of cases

against blind and severely disabled and even dead people!7 The

situation continues, and the Forest (Amendment) Act of 2000 perpetu- •

•

ates the forest policy of exclusion and control as conceptualised by the •

•

British in the CHT with little recognition of the lands rights within • •

8 • reserved forests. •

• 301 • 302 • • • • •

•

District Councils. District •

Acts of 1989 i.e. to transfer land only with the consent of the Hill the of consent the with only land transfer to i.e. 1989 of Acts

sioners to act in accordance with Section 64 of the Hill District Council District Hill the of 64 Section with accordance in act to sioners

sources, the Ministry of CHT Affairs instructed the deputy commis- deputy the instructed Affairs CHT of Ministry the sources,

indigenous peoples. After receiving repeated complaints from various from complaints repeated receiving After peoples. indigenous

deputy commissioners in the three districts transferring land to non- to land transferring districts three the in commissioners deputy

been transferred to the Hill District Councils. There are reports of the of reports are There Councils. District Hill the to transferred been

servants and bureaucrats who exercise this authority as land has not has land as authority this exercise who bureaucrats and servants

and the Peace Accord. However, in actual practice, it is the civil the is it practice, actual in However, Accord. Peace the and

resource rights administration as per the Hill District Council Acts Council District Hill the per as administration rights resource

The Hill District Councils have primary responsibility for land and land for responsibility primary have Councils District Hill The

Land allocations Land

has not yet been appointed. been yet not has

also continues in abeyance and a new chairperson of the task force task the of chairperson new a and abeyance in continues also

other members of the task force and indigenous leaders. indigenous and force task the of members other This matter This

despite strong objections from objections strong despite ’ displaced internally ‘ as families settler

then chairperson of the task force, Mr. D Talukdar, included 38,156 included Talukdar, D Mr. force, task the of chairperson then

displaced and the refugees, and a new problem emerged when the when emerged problem new a and refugees, the and displaced

was created to oversee the repatriation-rehabilitation of the internally the of repatriation-rehabilitation the oversee to created was

ments concluded with the government in 1992 and 1997. A Task Force Task A 1997. and 1992 in government the with concluded ments

mainly India, and have recently returned under rehabilitation agree- rehabilitation under returned recently have and India, mainly

approximately 55,000 refugees who fled to neighbouring countries, neighbouring to fled who refugees 55,000 approximately

were placed in government created cluster villages. There are also are There villages. cluster created government in placed were

(i) by the Kaptai dam and (ii) due to the civil war when many of them of many when war civil the to due (ii) and dam Kaptai the by (i)

(approximately 60,000) (approximately many of whom have been displaced twice twice displaced been have whom of many –

There are a large number of internally displaced persons in the CHT the in persons displaced internally of number large a are There

Internally displaced persons and refugees and persons displaced Internally

more participatory approach. participatory more

mands for the draft rules on social forestry to be revised to include a include to revised be to forestry social on rules draft the for mands

participation in the management of the forests. There have been de- been have There forests. the of management the in participation

with the forest department, and civil society has little or no scope for scope no or little has society civil and department, forest the with

as all decision-making power remains power decision-making all as ” forestry “ nor ” social “ neither

component for for component social forestry social “ , which has been criticized as being as criticized been has which , ”

Government in the forestry sector. Recent projects have included a included have projects Recent sector. forestry the in Government The Asian Development Bank is the major partner of the Bangladesh the of partner major the is Bank Development Asian The Continued military presence

The armed forces are the chief tools of the government’s policy of assimilation and control of the Hill Tracts and its indigenous peoples. In 1972, soon after Bangladesh gained independence from Pakistan, the armed forces took charge of the Hill Tracts (Operation Uttaran), and this has been the status quo since. Since its arrival in the Hill Tracts, the military has taken an active role in all matters relating to the CHT, including civil administration and development. There are explicit provisions in the Accord for the phased withdrawal of all temporary camps of military personnel, Ansar and Village Defence Party,11 with the exception of the border security forces (BDR) and six permanent cantonments (one each at the district headquarters of Bandarban, Khagrachari and Rangamati, and at Ali- kadam, Dighinala and Ruma). This was to have commenced on the signing of the Accord but, five years on, the military remains in the CHT and there are no indications of their withdrawal. On the contrary, the armed forces have taken out leases in the Hill Tracts, including 30,000 acres in Bandarban district for an artillery training camp, which will displace 25,000 indigenous peoples. Of 500 camps in the CHT, some 35 camps have been dismantled so far. Despite repeated demands from the indigenous peoples for the armed forces to withdraw from the CHT, there have been no credible signs that the military authorities plan to do so in the near future. A result of this is human rights violations against the indigenous peoples, with the armed forces being the chief perpetrators, often in collaboration with the settlers. There are numerous reports of the army attacking, torturing, assaulting and arresting indigenous peoples, including in Baghmara Union, Roangchari Thana (30 September 2002), Baghichara Para (24 September 2002), Amtoli (9 September 2002) and Sao Para (7 September 2002), among others.12 The military also continues to be engaged in activities outside their sphere of operations, including road maintenance, general administration, law and order, and admission of indigenous students to higher educational institutions.

Development programmes resumed

Following the abduction and holding to ransom of three aid workers •

•

in February 2001, international development activities in the CHT •

•

ground to a halt. In June 2002, a joint government-UNDP (United • •

• Nations Development Programme) risk assessment team visited the •

• 303

• 304

any report, and the matter remains pending. remains matter the and report, any • 13 •

• matter. There has been no further information on the inquiry team or team inquiry the on information further no been has There matter. •

•

fringelands. An inquiry team was to be established to look into the into look to established be to was team inquiry An fringelands. •

•

that the government would not install the turbine at the cost of the of cost the at turbine the install not would government the that •

for Power to protest against this proposed project and were assured were and project proposed this against protest to Power for

Representatives of the indigenous peoples met with the State Minister State the with met peoples indigenous the of Representatives

indigenous peoples to harvest rice crops (known as fringelands). as (known crops rice harvest to peoples indigenous

water level of the Kaptai Lake and flood low-lying areas used by the by used areas low-lying flood and Lake Kaptai the of level water

turbine at the Kaptai hydroelectric project. This would increase the increase would This project. hydroelectric Kaptai the at turbine

gladesh. There are plans to use some of these funds to build a new a build to funds these of some use to plans are There gladesh.

The Japanese Government is another major aid contributor to Ban- to contributor aid major another is Government Japanese The

reports of forced conversions. forced of reports

and in building more Islamic schools and mosques. There are also are There mosques. and schools Islamic more building in and

engaged in strengthening the presence of the settlers in the Hill Tracts, Hill the in settlers the of presence the strengthening in engaged

ladesh Islamic Foundation and the Al Rabeta organization, which are which organization, Rabeta Al the and Foundation Islamic ladesh

the CHT are international Islamist organizations including the Bang- the including organizations Islamist international are CHT the

enous peoples, with an emphasis on a cash economy. Also active in active Also economy. cash a on emphasis an with peoples, enous

is an increasing reliance on micro-credit, an issue alien to the indig- the to alien issue an micro-credit, on reliance increasing an is

s society and culture. One result One culture. and society s ’ people indigenous on effects eterious

apply the same approach as in other areas of Bangladesh, with del- with Bangladesh, of areas other in as approach same the apply

account of the special characteristics of the indigenous peoples and peoples indigenous the of characteristics special the of account

that are targeted at the indigenous peoples, they take little or no or little take they peoples, indigenous the at targeted are that

of the CHT many if not most of which are settler-oriented. Of the few the Of settler-oriented. are which of most not if many CHT the of

the CHT. They are engaged in implementing projects in different areas different in projects implementing in engaged are They CHT. the

of funds to the region, a number of national NGOs are also active in active also are NGOs national of number a region, the to funds of

ing advantage of the renewed interest in the Hill Tracts, and the flow the and Tracts, Hill the in interest renewed the of advantage ing

tional non-governmental organizations such as CARE. However, tak- However, CARE. as such organizations non-governmental tional

nors are also implementing projects in the CHT, as are some interna- some are as CHT, the in projects implementing also are nors

The Asian Development Bank, World Bank and other major do- major other and Bank World Bank, Development Asian The

to commence operations in the CHT. the in operations commence to

US$ 3.5 million for poverty alleviation. Initial steps have been taken been have steps Initial alleviation. poverty for million 3.5 US$

million for a sustainable environment management programme and programme management environment sustainable a for million

creation for local communities - UNDP has assigned a total of US$ 4.3 US$ of total a assigned has UNDP - communities local for creation

areas were environmental management, poverty alleviation and job and alleviation poverty management, environmental were areas

dynamic and would need to be monitored on a regular basis. Priority basis. regular a on monitored be to need would and dynamic

for the medium risk areas. The team stressed that the situation was situation the that stressed team The areas. risk medium the for

with the exception of the high risk area, and with security precautions security with and area, risk high the of exception the with

mended a resumption of development aid for most areas of the CHT the of areas most for aid development of resumption a mended

one upazila, namely Mahalchari in Rangamati district, and recom- and district, Rangamati in Mahalchari namely upazila, one

22 upazilas; (ii) medium risk risk medium (ii) upazilas; 22 – four upazilas; and (iii) high risk risk high (iii) and upazilas; four – –

CHT in three categories according to their risk potential: (i) low risk low (i) potential: risk their to according categories three in CHT

Hill Tracts. The team classified the 27 27 the classified team The Tracts. Hill (sub-districts) in the in (sub-districts) upazilas The indigenous movement

Indigenous peoples have taken an active lead in efforts to maintain and strengthen their culture, identity and rights in the CHT. There are a large number of indigenous organizations, including the umbrella organization, Hill Tracts NGO Forum, but their activities are closely monitored and they lack the necessary funds to work effectively. This is due to the refusal of the NGO Bureau to give indigenous organizations the necessary certification to receive foreign funding. This certification can be obtained only if state security and intelligence agencies, including the National Security Intelligence (NSI) and the Direc- torate General of Forces Intelligence (DGFI), recommend that the NGO Bureau does so. Many indigenous organisations have been refused certification, while national NGOs such as the Bangladesh Rural Advancement Committee (BRAC), Proshika and the Islamist organizations operate freely in the CHT. The CHT is the only area where NGOs are required to obtain clearance from the DG FI. Many perceive this as yet another example of military interference and control. More- over, the NGO Affairs guidelines contain various provisions that clearly discriminate against organizations run by indigenous peoples and those seeking to protect the cultural heritage of indigenous people. The Hill Tracts NGO Forum has continued to protest at these discriminatory practices of state agencies. The Peace Accord lays down the basics for a move towards peace and development in the Hill Tracts. It is a step forward but only when it is fully implemented, in letter and in spirit, with the indigenous peoples in full control of their destiny, can there be meaningful peace in the CHT.

Indigenous peoples of Garo and Khasi Hills

The Garos of Modhpur Forest have long been facing endless violations of human rights and harassment. They have lost their homeland in the name of “reserve forest”, “national park”, “training ground for the Air Force”, “social afforestation” and finally in the name of “eco- tourism”. The Forest Department has filed thousands of false cases against indigenous peoples of the forest and continues to do so.

Besides this, thousands of Bengali Muslim settlers have occupied the

forestland with the direct and indirect help of the Government. Many •

•

Garos have left their motherland and migrated to India. •

•

The murder of the young Garo women’s leader Gidita Rema (see • •

• The Indigenous World 2001-2002) by Muslim settlers in 2001 was fol- •

• 305

• 306

• , by ” “ 2 The CHT Issue and its Solution its and Issue CHT The Jyotirindra Bodhipriya Larma Bodhipriya Jyotirindra •

•

tails on the Peace Accord. Peace the on tails •

•

for more de- more for and , See 1 1999-2000 1998-99 The Indigenous World 1997-98 World Indigenous The •

•

Notes and references and Notes

leave their lands. their leave

mosque and, after a while, the indigenous people will be forced to forced be will people indigenous the while, a after and, mosque

land. Afterwards it will be difficult, if not impossible, to get rid of this of rid get to impossible, not if difficult, be will it Afterwards land.

If the latter do not agree, the Bengali forcibly build a mosque on their on mosque a build forcibly Bengali the agree, not do latter the If

land ownership document and order the indigenous peoples to leave. to peoples indigenous the order and document ownership land

want to grab the land of indigenous peoples. First they show a false a show they First peoples. indigenous of land the grab to want

At present, some Bengali settlers use a new strategy when they when strategy new a use settlers Bengali some present, At

co-operate.

police station to file a case against the criminals but the police did not did police the but criminals the against case a file to station police

did not succeed with their plans. The Khasi headman went to the to went headman Khasi The plans. their with succeed not did

Khasis protected themselves with bow and arrows, and the assailants the and arrows, and bow with themselves protected Khasis

wanted to evict more than 40 Khasi families from their land. The land. their from families Khasi 40 than more evict to wanted

larma Khasi villages at Kulaura in the Moulvibazar district. They district. Moulvibazar the in Kulaura at villages Khasi larma

On 14 July 2002, a group of Muslim assailants attacked the Ba- the attacked assailants Muslim of group a 2002, July 14 On

The criminals are supporters of the present government. present the of supporters are criminals The

the police did not arrest the killers although they are living in the area. the in living are they although killers the arrest not did police the

They looted and later burned the houses. A murder case was filed but filed was case murder A houses. the burned later and looted They

person dead. The assailants raped women and destroyed the village. the destroyed and women raped assailants The dead. person

villages with help from the forest department. Forest guards shot one shot guards Forest department. forest the from help with villages

On 26 July 2002, a gang of Bengalis attacked the Fultola Khasi Fultola the attacked Bengalis of gang a 2002, July 26 On

happen.

in the first parliament session in November 2001 but this did not did this but 2001 November in session parliament first the in

present government had declared it would cancel the eco-park project eco-park the cancel would it declared had government present

has started a democratic movement against the eco-park project. The project. eco-park the against movement democratic a started has

Peoples Forum, a national forum representing 45 indigenous peoples, indigenous 45 representing forum national a Forum, Peoples

an Eco-park in their ancestral homelands. Bangladesh Indigenous Bangladesh homelands. ancestral their in Eco-park an

are currently facing eviction due to the Government the to due eviction facing currently are s plan to develop to plan s ’

, Moulvibazar area, 1,000 Garo and Khasi families Khasi and Garo 1,000 area, Moulvibazar , the In Khasi Hills Khasi

them to force them to withdraw the case. the withdraw to them force to them

protest rally and a strike in the area but the killers are threatening are killers the but area the in strike a and rally protest

killers have never been arrested. Indigenous people organized a big a organized people Indigenous arrested. been never have killers

killed in the Modhpur forest by a group of Bengali Muslims. The Muslims. Bengali of group a by forest Modhpur the in killed

In early 2002 a young Garo, Sentu Nokrek, was abducted and abducted was Nokrek, Sentu Garo, young a 2002 early In

to arrest the killers but the Garos did not get justice. get not did Garos the but killers the arrest to lowed by mass protests by indigenous peoples. This forced the police the forced This peoples. indigenous by protests mass by lowed Chairperson of the CHT Regional Council, President of the PCJSS and Member of the CHT Accord Implementation Committee. Paper presented at the “Regional Training Program to Enhance the Conflict Pre- vention and Peace-Building Capacities of Indigenous Peoples’ Repre- sentatives of the Asia-Pacific”, Chiang Mai, Thailand from 7-12 April 2003, organized by the UN Institute for Training and Research (UNITAR). 3 Acts No. XIX, XX and XXI of 1989, and the Regional Council Act of 1998. One of these is Writ Petition No. 2669 of 2000 – Mohammed Badiuz- zaman vs. the Govt. of Bangladesh and others. 4 European Parliament Resolution on Bangladesh, adopted on 17 January 2001. 5 Figures adapted from W.E. Webb & R. Roberts. 1976: “Reconnaissance Mission to the Chittagong Hill Tracts, Bangladesh: Report on Forestry Sector”, Vol.2, Asian Development Bank, Manila, 1976 and quoted in Raja Devasish Roy. 2002. Background Study on the Chittagong Hill Tracts Land Situation. Dhaka: CARE-Bangladesh. 6 Committee for the Protection of Forests and Land Rights, CHT. 2002. Mobilise Support to Stop the Eviction of Indigenous Peoples from Ancestral Lands in the Chittagong Hill Tracts, Bangladesh in the name of Afforestation and Protection of the Environment. Dhaka. 7 Raja Devasish Roy and Philip Gain. 1999. “Indigenous Peoples and Forests in Bangladesh.” In Forests and Indigenous Peoples of Asia. Minor- ity Rights Group International. Report No. 98/4. London. 8 Raja Devasish Roy and Sadeka Halim. 2001. “A Critique to the Forest (Amendment) Act of 2000 and the (draft) Social Forestry Rules of 2000.” Philip Gain (ed.), The Forest (Amendment) Act, 2000 and the (draft) Social Forestry Rules, 2000: A Critique. Dhaka: SEHD. 9 Amnesty International. 2001. Bangladesh – Human Rights in the Chit- tagong Hill Tracts. London, UK. 10 This brought the total number of internally displaced in the Hill Tracts to 128,000 (New Country Profile on Internal Displacement in Bangladesh, June 2001.) 11 These are vigilante teams formed in the settler villages, and provided with arms by the military. 12 PCJSS Information and Publicity Department. October 2002. Increas- ing military atrocities on the Jumma People. Report.

13 For more details see Raja Devasish Roy. 2002. op.cit.

•

• •

• 307 • 308 • • • •

•

possible because of the Maoist Insurgency. Maoist the of because possible •

•

to a commonly shared fear that peaceful elections would not be not would elections peaceful that fear shared commonly a to •

king should postpone the general election for one year in response in year one for election general the postpone should king

consent of an all-party meeting, the government proposed that the that proposed government the meeting, all-party an of consent

of Representatives as November 13, 2002. Nevertheless, with the with Nevertheless, 2002. 13, November as Representatives of

dissolved the Parliament and set the date for elections to the House the to elections for date the set and Parliament the dissolved

s October 4 move, Prime Minister Deuba had Deuba Minister Prime move, 4 October s ’ King the to Prior

out any fear. any out

ties should continue to discharge their usual responsibilities with- responsibilities usual their discharge to continue should ties

the constitutional system, and that the civil and military authori- military and civil the that and system, constitutional the

would in no way damage way no in would ” takeover “ the that people the assured

constitution, until alternative arrangements are made. The king The made. are arrangements alternative until constitution,

move, the king assumed executive power under Article 127 of the of 127 Article under power executive assumed king the move,

Dev dismissed Prime Minister Sher Bahadur Deuba. With this With Deuba. Bahadur Sher Minister Prime dismissed Dev

On October 4, 2002, His Majesty King Gyanendra Bir Bikram Shah Bikram Bir Gyanendra King Majesty His 2002, 4, October On

Political and legislative developments legislative and Political

input into the ongoing peace talks. peace ongoing the into input

national umbrella organization NEFEN has recently made its own its made recently has NEFEN organization umbrella national

turmoil and indigenous peoples have suffered tremendously. Their tremendously. suffered have peoples indigenous and turmoil

During the 7 years of war, the Maoists have caused significant caused have Maoists the war, of years 7 the During

ally organized indigenous peoples indigenous organized ally form through organizations. ’

represented in NEFEN (the National Federation of Nationalities) of Federation National (the NEFEN in represented

. 48 of these are these of 48 . ” nationalities indigenous “ as recognized cially

enous peoples/nationalities. 59 ethnic groups of Nepal are offi- are Nepal of groups ethnic 59 peoples/nationalities. enous

autonomy for ethnic minorities were the points relating to indig- to relating points the were minorities ethnic for autonomy

the 40 points, secularization of the state, linguistic equality and equality linguistic state, the of secularization points, 40 the

sented a 40-point programme of demands to the Prime Minister. Of Minister. Prime the to demands of programme 40-point a sented

pal Communist Party (Maoist), the United Peoples United the (Maoist), Party Communist pal Front, pre- Front, ’

1996 when an overground and registered organization of the Ne- the of organization registered and overground an when 1996

war was originally declared in early February early in declared originally was war ’ peoples The

way.

peace talks. After 7 years of armed conflict, peace talks are now under- now are talks peace conflict, armed of years 7 After talks. peace

clared a cease-fire and announced that they were ready for ready were they that announced and cease-fire a clared

n January 29 2003, Maoist insurgents and the government de- government the and insurgents Maoist 2003, 29 January n NEPAL Peace talks

After the cease-fire agreement and the subsequent start of peace talks in April 2003, both parties agreed on a 23-point code of conduct for the peace dialogue, and decided to form a monitoring committee consisting of 13 members, of which one is a representative of NEFEN. Compared with the original 40 points presented by the Maoists in 1996, their current presentation of issues to be discussed only mentions the secularisation of the state, and not the issue of indigenous ethnic groups’ autonomy. However, it is obvious that an important reason behind the involvement of many young people from the indigenous peoples/nationalities in the insurgency was the fact that secularisation of the state, as well as indigenous peoples’ autonomy and right to self-determination, were on the Maoists’ agenda. Many people do not have high expectations of the peace talks. It is feared that the guerrillas will be reluctant to give up their arms, and that a peace agreement reached in Kathmandu will not bring an end to the conflict in rural areas. Indigenous women further com-

plain of the serious under-representation of women in the peace talk

teams. The Maoist team consists of 5 men, whereas the government •

•

team has one woman and 4 male members. • •

•

• •

• 309 • 310 • •

•

article states: article •

• . The . ” People Ethnic and Aboriginal “

enous issues under the heading heading the under issues enous •

•

five-year Plan. five-year

There is a separate article no. 5.9.2 addressing indig- addressing 5.9.2 no. article separate a is There • 2

s Government of Nepal (HMG) recently completed its 10 its completed recently (HMG) Nepal of Government s ’ Majesty His th

Government policy in the tenth five-year plan five-year tenth the in policy Government

. ” world the in tions

one of the worst democratic constitu- democratic worst the of one “ be may constitution the that

aries, that is, mainly male Bahuns (Brahmins). He further observes further He (Brahmins). Bahuns male mainly is, that aries,

Lawoti claims that those supporting the constitution are its benefici- its are constitution the supporting those that claims Lawoti

infant mortality rate, low life expectancy, and lack of basic services. basic of lack and expectancy, life low rate, mortality infant

pressed socio-cultural groups suffer from poverty, illiteracy, a high a illiteracy, poverty, from suffer groups socio-cultural pressed

rights, business, industry, the private sector and so forth. The op- The forth. so and sector private the industry, business, rights,

istration, education, media, security forces, political parties, human parties, political forces, security media, education, istration,

population in almost all important realms of society: politics, admin- politics, society: of realms important all almost in population

The constitution paves the way for exclusion of a majority of the of majority a of exclusion for way the paves constitution The

Dr Lawoti recently stated that, stated recently Lawoti Dr

chal Hindu thought has shaped the laws? the shaped has thought Hindu chal

expect to be treated equally, both legally and socially, when patriar- when socially, and legally both equally, treated be to expect

guage and culture are promoted by the state? And how can women can how And state? the by promoted are culture and guage

on an equal footing with the dominant group whose religion, lan- religion, whose group dominant the with footing equal an on

can people whose language and religion are not recognized compete recognized not are religion and language whose people can

policies are imbued with elite male Hindu norms and values. How values. and norms Hindu male elite with imbued are policies

tution discriminates against non-Hindus, as the state institutions and institutions state the as non-Hindus, against discriminates tution

Dr Mahendra Lawoti, a University of Pittsburgh scholar, the consti- the scholar, Pittsburgh of University a Lawoti, Mahendra Dr

state as Hindu is racism in its most fundamental form. According to According form. fundamental most its in racism is Hindu as state

(Lawoti 2003). (Lawoti ” sexist “ and ” racist “ tution The declaration of the of declaration The

Scholars and Indigenous Peoples Indigenous and Scholars activists call the present consti- present the call activists ’

stead, the 1991 act constitutes Nepal as a Hindu state. Hindu a as Nepal constitutes act 1991 the stead,

indigenous languages and cultures and declare a secular state. In- state. secular a declare and cultures and languages indigenous

committee threw out suggestions made by Nationalities to protect to Nationalities by made suggestions out threw committee

groups. In the preparation of the constitution in 1990, the drafting the 1990, in constitution the of preparation the In groups.

one religion and one culture and is biased towards other cultures and cultures other towards biased is and culture one and religion one

The constitution promulgated in 1991 promotes just one language, one just promotes 1991 in promulgated constitution The

One of the worst democratic constitutions democratic worst the of One “ ” The major challenges of this sector relate to the underestimation of the skills and capabilities of ethnic groups as a national asset in formulating a development approach; weak implementation of targeted programmes; lack of involvement of ethnic groups in development programmes; lack of protection and conservation of culture, language and knowledge remaining at the phase of being extinct; etc. The following policies and programmes will be adopted to resolve the problems and challenges related to aboriginal and ethnic people:

1. Policy will be adopted to preserve and promote aboriginal and ethnic peoples’ different cultures, languages, knowledge, and skills according to their proper study and research. 2. An ethnic academy will be established and strengthened by the Act with a view to protecting and preserving the rights of aboriginal and ethnic people, as well as their culture, language, and diverse knowledge. 3. A strategy and action plan, based on a long-term vision derived from the analysis of problems and opportunities of the aboriginal and ethnic people, will be implemented. 4. Existing programmes targeted for aboriginal and ethnic people will be effectively implemented through structural and institutional improvements. 5. Priority will be given for the admission of aboriginal and ethnic students in higher education and in technical schools. Similarly, at school level, scholarship programmes targeting the children of such communities will be expanded and made effective. 6. Establishment of schools and health centers will be prioritised in such communities and areas to enhance the access of education and health services. 7. Programmes implemented by different agencies of the Government will be targeted to those places and communities. Special arrangements will be made to monitor and evaluate the investment targeted for the upliftment of aboriginal and ethnic people.

International Indigenous Peoples’ Day

NEFEN marked International Indigenous Peoples’ Day on August 9

2002 in Kathmandu. Various programmes were conducted from Au- •

•

gust 7 to 9, including an exhibition of books, photographs and audio- •

•

visual materials, a literary meet, a seminar, the inauguration of NEFEN’s • •

• website and a special ceremony that included a procession with •

• 311

• 312

federal government structure as mentioned above. mentioned as structure government federal

He also criticized also He • 3 •

• to self-determination or ethnic autonomy, for example, through a through example, for autonomy, ethnic or self-determination to •

•

state secularisation, equal status for languages, respect for the right the for respect languages, for status equal secularisation, state •

•

FEN, presented their demands for the peace talks, which included: which talks, peace the for demands their presented FEN, •

In the same meeting, Dr. Krishna B. Bhattachan, advisor to NE- to advisor Bhattachan, B. Krishna Dr. meeting, same the In

constitution of Nepal. of constitution

tion of resources and minority protection all need to be included in the in included be to need all protection minority and resources of tion

Federalism, proportional electoral procedures, proportional distribu- proportional procedures, electoral proportional Federalism,

In his opinion, the country has not one single inclusive institution. inclusive single one not has country the opinion, his In

fact that the political institutions in Nepal are promoting exclusion. promoting are Nepal in institutions political the that fact

present process of peace talks. In the seminar, Dr. Lawoti stressed the stressed Lawoti Dr. seminar, the In talks. peace of process present

indigenous peoples/nationalities have been raising as relevant to the to relevant as raising been have peoples/nationalities indigenous

NEFEN recently organized a seminar to highlight the issues that issues the highlight to seminar a organized recently NEFEN

Indigenous issues and the peace dialogue peace the and issues Indigenous

-vis indigenous peoples in Nepal and around the world. the around and Nepal in peoples indigenous -vis à vis- tives

respective organizations welcomed the possibility of further initia- further of possibility the welcomed organizations respective

cial reference to the Nepalese context. They also stated that their that stated also They context. Nepalese the to reference cial

tives and activities taken on behalf of indigenous peoples, with spe- with peoples, indigenous of behalf on taken activities and tives

indigenous peoples around the world. They elaborated on the initia- the on elaborated They world. the around peoples indigenous

tor of the World Bank all spoke about international commitments to commitments international about spoke all Bank World the of tor

tion, the Resident Representative of UNESCO and the Country Direc- Country the and UNESCO of Representative Resident the tion,

ment Programme, the Director of the International Labour Organiza- Labour International the of Director the Programme, ment

seminar, the Resident Representative of the United Nations Develop- Nations United the of Representative Resident the seminar,

rying out substantial activities in this regard. During the August 8 August the During regard. this in activities substantial out rying

alities, and stated that the National Planning Commission was car- was Commission Planning National the that stated and alities,

s Tenth Plan of benefit to indigenous peoples/nation- indigenous to benefit of Plan Tenth s ’ government the

August 8, elaborated on the policies and programmes incorporated in incorporated programmes and policies the on elaborated 8, August

National Planning Commission, in his address during the seminar on seminar the during address his in Commission, Planning National

sponsibility during these critical times. The Vice-Chairperson of the of Vice-Chairperson The times. critical these during sponsibility

the country, and further remarked that NEFEN had a special re- special a had NEFEN that remarked further and country, the

of indigenous peoples/nationalities for the overall development of development overall the for peoples/nationalities indigenous of

ing in the country. He emphasized the importance of the development the of importance the emphasized He country. the in ing

special ceremony, pointed to the diversity and heterogeneity prevail- heterogeneity and diversity the to pointed ceremony, special

nature of the country. The Prime Minister, in his address during the during address his in Minister, Prime The country. the of nature

the day, stressed the multi-ethnic, multi-lingual and multi-cultural and multi-lingual multi-ethnic, the stressed day, the

Day in the country, His Majesty the King, in a message to mark to message a in King, the Majesty His country, the in Day ’ ples

On the occasion of the celebration of the eighth Indigenous Peo- Indigenous eighth the of celebration the of occasion the On

guest. cultural demonstrations and had the Prime Minister as the chief the as Minister Prime the had and demonstrations cultural the biased collection of census data,4 and called for better procedures in the future. In addition, the right of all peoples to access resources such as land, forest, water and pasture, and the need for affirmative action or positive discrimination (both remedial and preferential) should be included in the peace talks. The following input for the dialogue between Maoists and government was agreed upon in the seminar:

1. Ensure representation of the issues as well as the institutions of indigenous peoples/nationalities during the peace talks, the round table conference and the creation of a national government, in order to reach a solution in the context of the new political situation that has developed following the announcement of the cease-fire; 2. Form an independent commission with the objective of carrying out a judicial inquiry of all the extra-judicial killings perpetrated against indigenous peoples/nationalities collectively or individually during the course of the violent conflict prior to the cease-fire; 3. Release immediately all indigenous peoples arrested on the basis of suspicion and kept unlawfully since the outbreak of the Maoist insurgency; 4. Make arrangements for compensation and appropriate treatment of indigenous peoples/nationalities, especially women and children who were killed, injured or disappeared during the conflict; 5. The state to make all arrangements for the necessary security and reconstruction for rehabilitating indigenous peoples/nationalities displaced from their traditional lands by the conflict; the rebels should also respect the right of the indigenous peoples/nationalities to live in their own lands; 6. Declare the country secular, in place of the present Hindu state, since it is against democratic principles to associate the state with one particular religion in a multi-religious country; 7. Recognize the linguistic rights of all language communities, implement an equal language rights policy and end linguistic discrimination; implement a trilingual education policy; 8. Although the indigenous peoples/nationalities constitute the majority in the country their presence in various state institutions is minimal, which has led to their falling behind in development. Since it is not possible for

them to compete on an equal footing due to lack of qualified human

resources (created by the historical discrimination and mistreatment car- •

•

ried out against them) arrangements should be made for reservation or •

•

affirmative action in education, government service and other employment • •

• opportunities; •

• 313 • 314 •

•

• national and diplomatic and bilateral and multilateral aid agencies. aid multilateral and bilateral and diplomatic and national ❑ •

•

alities as well as for solving their problems through appropriate inter- appropriate through problems their solving for as well as alities •

•

4. Take initiatives for the effective presence of indigenous peoples/nation- indigenous of presence effective the for initiatives Take 4. •

organizations and associations or their networks; and networks; their or associations and organizations

all kinds of national-level political, intellectual, professional and social and professional intellectual, political, national-level of kinds all

3. Raise the issues of indigenous peoples/nationalities effectively, through effectively, peoples/nationalities indigenous of issues the Raise 3.

peoples/nationalities;

activities by coordinating with the organizations of other indigenous other of organizations the with coordinating by activities

levels and make them a success. NEFEN should also carry out joint out carry also should NEFEN success. a them make and levels

sions and seminars organized by NEFEN at local, regional, and central and regional, local, at NEFEN by organized seminars and sions

2. Organizations associated with NEFEN should participate in the discus- the in participate should NEFEN with associated Organizations 2.

tions;

regional, and central levels through the Indigenous Peoples Indigenous the through levels central and regional, Organiza- ’

1. Carry out discussions, seminars and raise public awareness at the local, the at awareness public raise and seminars discussions, out Carry 1.

Strategies to be adopted be to Strategies

nationalities.

s indigenous peoples/ indigenous s ’ country the of values and norms and condition life,

human rights instruments and a political system inclusive of the way of way the of inclusive system political a and instruments rights human

12. Create a multi-party democratic constitution mindful of the international the of mindful constitution democratic multi-party a Create 12.

and

system, and equality of language, ethnicity, religion, culture and region; and culture religion, ethnicity, language, of equality and system,

right to land and natural resources, ethnic proportional representation proportional ethnic resources, natural and land to right

try themselves, such as the rights to self-determination, ethnic self-rule, ethnic self-determination, to rights the as such themselves, try

and identified and raised by the indigenous peoples indigenous the by raised and identified and groups of the coun- the of groups ’

ples/nationalities enshrined in international human rights instruments rights human international in enshrined ples/nationalities

present impasse, the fundamental issues related to the indigenous peo- indigenous the to related issues fundamental the impasse, present

11. Sincerely address, while looking for a political way out of the country the of out way political a for looking while address, Sincerely 11. s ’

density;

on the basis of their historical homeland, population and linguistic and population homeland, historical their of basis the on

right to self-determination so they can carry out their own development own their out carry can they so self-determination to right

ance with the principle that indigenous peoples/nationalities have the have peoples/nationalities indigenous that principle the with ance

10. Guarantee indigenous ethnic self-rule to indigenous groups in accord- in groups indigenous to self-rule ethnic indigenous Guarantee 10.

for their well-being; their for

sentation in decision-making levels or policy-making levels is necessary is levels policy-making or levels decision-making in sentation

tive, executive, judiciary and other state bodies, given that their repre- their that given bodies, state other and judiciary executive, tive,

special representation of indigenous peoples/nationalities in the legisla- the in peoples/nationalities indigenous of representation special

or amending the present constitution, for proportionate representation or representation proportionate for constitution, present the amending or 9. Make arrangements, when drawing up a new constitution in the future the in constitution new a up drawing when arrangements, Make 9. Notes and references

3 Lawoti, Mahendra. 2003. “Inclusive Democratic Political Institution for Nepal.” in Bhattachan, Krishna (ed). Expected Model and Process of Inclusive Democracy in Nepal. Social Science BAHA: Kathmandu. 2 HMG. 2003. National Planning Commission. Shinghadurbar, Nepal. 3 These ideas are presented thoroughly in Bhattachan, Krishna (op.cit.) 4 The census data continues to show a clear majority of Hindus in the population, even though many indigenous peoples do not identify themselves as such.

INDIA

ver the past year, India’s indigenous /tribal peoples or Adivasis, O as they are called in mainland India, faced both the expected and unexpected consequences of last year’s policy developments. Forest-dwelling indigenous peoples are under threat of eviction from their homes nation-wide, and some have already suffered violent evictions. The Prevention of Terrorism Act (POTA), which was passed last year, has caused serious harassment of indigenous peoples, and the peace process in the North-East is still moving at a slow pace.

Threat of violent mass eviction from forests

The frenzy of activity evicting “encroachers” from the Reserve Forests nation-wide began with a letter from the Inspector General of Forests dated 3 May 2002. The letter claimed to be in furtherance of an order of the Supreme Court on 23 November 2001 as a result of the Public Interest Litigation by T.N Godhavarman Thirumulpad of Kerala (Writ Petition 202 of 1995). G. Thirumulpad once owned vast tracts of forest granted to his family, who now fell in the Nilgiri District of Tamilnadu. The petition protested the illicit felling of timber from forests that his family had protected for generations but which had been decimated since the

forest department took them over. The Supreme Court expanded the

•

scope of the case on its own initiative to cover all forests in the country, • •

•

with the dictionary meaning of “forests” being understood, that is, irre- •

•

spective of the category of land or ownership. As a result, some 1000 • •

• 315

• 316 However, the influence over and control of forests by global capital inter- capital global by forests of control and over influence the However, • •

• the 1990 orders should be adhered to with regard to the rights of Adivasis. of rights the to regard with to adhered be should orders 1990 the •

•

2002, the Ministry of Environment issued a clarification to all the states that states the all to clarification a issued Environment of Ministry the 2002, •

•

lets into villages and settlement of other old habitations. On 30 October 30 On habitations. old other of settlement and villages into lets •

forestlands arising out of forest settlement; and conversion of forest ham- forest of conversion and settlement; forest of out arising forestlands

regarding encroachment on forestlands; reviews of disputed claims over claims disputed of reviews forestlands; on encroachment regarding

the 1990 orders from the Ministry. These orders pertain to guidelines to pertain orders These Ministry. the from orders 1990 the

widespread protests as the evictions were made in complete violation of violation complete in made were evictions the as protests widespread

been destroyed or are in the process of being destroyed. There have been have There destroyed. being of process the in are or destroyed been

spread throughout the country. Hundreds and thousands of homes have homes of thousands and Hundreds country. the throughout spread

in many places launched summary evictions. Tension and conflict have conflict and Tension evictions. summary launched places many in

commenced issuing eviction orders on a large scale in some places, and places, some in scale large a on orders eviction issuing commenced

croachment of forestland by 30 September 2002, the state governments state the 2002, September 30 by forestland of croachment

of Environment and Forests (MoEF) directing all states to vacate all en- all vacate to states all directing (MoEF) Forests and Environment of

With the irresponsible order of 3 May 2002 on the part of the Ministry the of part the on 2002 May 3 of order irresponsible the With

danger of being evicted. being of danger

With the flurry of activities that followed the case, Adivasis are in are Adivasis case, the followed that activities of flurry the With

Adivasis to the proceedings. The recommendations were unilateral. were recommendations The proceedings. the to Adivasis

and courts after long struggles. The Committee did not invite any invite not did Committee The struggles. long after courts and

all the rights of tribals that have been recognized by the governments the by recognized been have that tribals of rights the all

were a calculated effort on the part of the Forest Department to eliminate to Department Forest the of part the on effort calculated a were

s recommendations s ’ Committee The orders. for Court the before dations

ine the reports and affidavits of the States and to place their recommen- their place to and States the of affidavits and reports the ine

petitions, the Committee has been designated with the power to exam- to power the with designated been has Committee the petitions,

Empowered Committee. Pending interlocutory application in the writ the in application interlocutory Pending Committee. Empowered

In June 2002, the Supreme Court appointed a 5-member Central 5-member a appointed Court Supreme the 2002, June In

Union of India within four weeks... four within India of Union ”

earlier point of time. Affidavits be filed by the said states and the and states said the by filed be Affidavits time. of point earlier

the encroachments from the forest, which have taken place at an at place taken have which forest, the from encroachments the

should also be indicated as to what steps have been taken to clear to taken been have steps what to as indicated be also should

land in the hilly terrains, national parks and sanctuaries, etc. It etc. sanctuaries, and parks national terrains, hilly the in land

prevent further encroachment of forest land and in particular the particular in and land forest of encroachment further prevent

said States in relation to the steps required to be taken by them to them by taken be to required steps the to relation in States said

rala are directed to file a reply to the IAs, insofar as they concern the concern they as insofar IAs, the to reply a file to directed are rala

nadu, Assam, Maharashtra, Madhya Pradesh, Chattisgarh and Ke- and Chattisgarh Pradesh, Madhya Maharashtra, Assam, nadu,

Secretaries of the State of Orissa, West Bengal, Karnataka, Tamil- Karnataka, Bengal, West Orissa, of State the of Secretaries

available on record for 23 November 2001 runs thus: thus: runs 2001 November 23 for record on available The Chief The “

Forests of May 2002 referred does not exist. The only order that is that order only The exist. not does referred 2002 May of Forests

However, the order to which the letter of the Inspector General of General Inspector the of letter the which to order the However,

Supreme Court. The court has since been issuing orders in their regard. their in orders issuing been since has court The Court. Supreme

North-east and central India to the Andamans, have been filed in the in filed been have Andamans, the to India central and North-east interlocutory applications (IA) from all over the country, from the from country, the over all from (IA) applications interlocutory ests is evident, with economic interests becoming more and with additional economic dimensions having been opened up in the form of biodiversity, intellectual property rights and carbon sinks to name but a few. Investment for future profits and global futuristic trading in forests are literally in operation. Consequently, the government’s approach to the peoples whose livelihood is based on the forests is to exclude them totally, with the use of violent repressive regimes in the name of tackling security.

National Biodiversity Strategy and Action Plan

•

The National Biodiversity Strategy and Action Plan (NBSAP) was •

•

supposed to be finalized by May 2003. The Draft Action Plan, which • •

• was prepared in October 2002, is currently under discussion. •

• 317

• 318 actions recommended. While integration of biodiversity concerns into concerns biodiversity of integration While recommended. actions • •

• The draft plan has given priority ratings to various strategies and strategies various to ratings priority given has plan draft The •

•

violation of constitutional responsibilities. constitutional of violation •

•

cratic debate would be a great injustice to the communities and a and communities the to injustice great a be would debate cratic •

communities, any haste in finalizing the strategy without a demo- a without strategy the finalizing in haste any communities,

complete picture presented of the implications of NBSAP to local to NBSAP of implications the of presented picture complete

in the Constitution and laws were enacted in advance, and a more a and advance, in enacted were laws and Constitution the in

These organizations also felt that unless the safeguards enshrined safeguards the unless that felt also organizations These

received into consideration. into received

(iv) a credible mechanism that would take the various comments various the take would that mechanism credible a (iv)

disseminate the report and seek views from various communities; and communities; various from views seek and report the disseminate

respond where necessary; (iii) a functional process in all the states to states the all in process functional a (iii) necessary; where respond

of the NBSAP across the country for people to see, get copies and copies get see, to people for country the across NBSAP the of

nationwide dissemination for people to comment; (ii) the full report full the (ii) comment; to people for dissemination nationwide

the executive summary of the NBSAP in various Indian languages for languages Indian various in NBSAP the of summary executive the

cerned their livelihood and urged the Ministry instead to provide: (i) provide: to instead Ministry the urged and livelihood their cerned

communities were given an opportunity to address issues that con- that issues address to opportunity an given were communities

ministry demanded that the NBSAP should be put on hold until hold on put be should NBSAP the that demanded ministry

respond and send comments on the massive draft. Their letter to the to letter Their draft. massive the on comments send and respond

to several organizations, the MoEF gave only fifteen days in which to which in days fifteen only gave MoEF the organizations, several to

plan through and obtaining a hasty endorsement since, in its letters its in since, endorsement hasty a obtaining and through plan

these organizations accused the government of pushing the action the pushing of government the accused organizations these

Ministry of Environment and Forest (MoEF) dated November 25, 2002, 25, November dated (MoEF) Forest and Environment of Ministry

society organizations, movements and alliances. In a letter to the to letter a In alliances. and movements organizations, society

However, apprehensions have been voiced by a group of civil of group a by voiced been have apprehensions However,

nities become central to decision-making. to central become nities

biodiversity conservation become central to planning and local commu- local and planning to central become conservation biodiversity

ernance of natural resources in such a way that the components of components the that way a such in resources natural of ernance

a major re-orientation of the process of economic development and gov- and development economic of process the of re-orientation major a

joint and participatory management of natural resources, and it calls for calls it and resources, natural of management participatory and joint

areas, protecting the rights of Adivasis/i ndigenous tribal communities, tribal ndigenous Adivasis/i of rights the protecting areas,

areas and an absolute ban on development projects in ecologically fragile ecologically in projects development on ban absolute an and areas

communities, tenure rights, controlled commercial development in some in development commercial controlled rights, tenure communities,

tal conservation and the security of livelihoods of biodiversity-dependent of livelihoods of security the and conservation tal

plan. The draft recommends a series of measures relating to environmen- to relating measures of series a recommends draft The plan.

tralize governance of natural resources are key thrusts of the draft action draft the of thrusts key are resources natural of governance tralize

The need to re-orient development policies and practices and decen- and practices and policies development re-orient to need The

sity (CBD). India became a signatory to the CBD in June 1992. June in CBD the to signatory a became India (CBD). sity

s commitments under the UN Convention on Biological Diver- Biological on Convention UN the under commitments s ’ country

able and equitable use of biodiversity and biological resources, and of the of and resources, biological and biodiversity of use equitable and able

direction that India should take in terms of conservation, and the sustain- the and conservation, of terms in take should India that direction The NBSAP process is the outcome of a consolidated report on the on report consolidated a of outcome the is process NBSAP The existing national and state policies, foreign investment mechanisms and international treaties to be signed by India and, accordingly, the subsequent review of national laws have been accorded a top priority rating, the amendment of incompatible national laws and policies has not been prioritized. Similarly, the strategy of integrating the right to information into the action plan for making government information and records on biodiversity accessible to the public has been kept open-ended. Strategies covering important issues of livelihood, tradition, knowledge, control over resources and governance of local and indigenous communities have not been accorded a clear priority. On the other hand, the protection and conservation of Protected Areas, Reserve Forests, National Parks, Sanctuaries and related issues such as encroachment of forest lands, prevention and mitigation of wildlife- human conflicts, promotion of awareness and understanding of eco- tourism, have been given foremost priority in the national action plan.

Jharkhand

Demonstration on forest rights

The indigenous peoples living inside or on the fringes of currently degraded forest lands staged an impressive demonstration for the first time in Ranchi on 24 November 2002. The demonstrators, under the banner of the Jharkhand Jangal Bachao Andolan (Jharkhand Save the Forest Movement), marched through the thoroughfares of the capital city of Jharkhand, assembled at the main gates of the Legislative Assembly and held a public meeting. A memorandum was delivered to the Chief Minister for immediate fulfilment of the popular demand for restoration of ownership rights over the ancestral forests and unconditional access to the Reserved Forests, as well as the adoption of the concept of Community Forest Management in the place of the hitherto practised policy of the Joint Forest Management, which left no room for people’s control over the forest and people’s participation

in the decision-making process.

Santhal struggle to protect land and identity •

•

The contradiction between the judicial and administrative systems of • •

• the country on the issue of so-called “development” has led to a sharp •

• 319

• 320 December 2003 released its report. It found that the World Bank had Bank World the that found It report. its released 2003 December • •

• Inspection Panel of three persons visited the site twice, and in early in and twice, site the visited persons three of Panel Inspection •

•

supported by networking with local and international NGOs. The NGOs. international and local with networking by supported •

•

Eventually, the people filed a case with the Inspection Panel, Inspection the with case a filed people the Eventually, •

Bank had failed in many of its promises and commitments. and promises its of many in failed had Bank

subsistence land owners into landless casual labourers, and that the that and labourers, casual landless into owners land subsistence

not taken place, that the majority of the people had been turned from turned been had people the of majority the that place, taken not

) had ) ” project the of benefits the in share to “ ( rehabilitation promised

legal right to resettlement land and more. They claimed that the that claimed They more. and land resettlement to right legal

offer genuine consultation and information sharing, to provide a provide to sharing, information and consultation genuine offer

of its failure to restore income, to recognise customarily held land, to land, held customarily recognise to income, restore to failure its of

in Jharkhand had been campaigning against the project on the grounds the on project the against campaigning been had Jharkhand in

five years, Santhal and Turi tribals of the Parej East open cast project cast open East Parej the of tribals Turi and Santhal years, five

s own Inspection Panel. For over For Panel. Inspection own s ’ Bank World the by vindicated been

The struggle of tribals against a World Bank-funded coal project has project coal Bank-funded World a against tribals of struggle The

Struggle against World Bank-funded project Bank-funded World against Struggle

battle for both the survival and protection of their cultural identity. cultural their of protection and survival the both for battle

the community is unwavering and states that they are waging a waging are they that states and unwavering is community the

testers have already been arrested and are languishing in jail, but jail, in languishing are and arrested been already have testers

(Save the Rajmahal Hills Movement). Several pro- Several Movement). Hills Rajmahal the (Save ” Bachao Andolan Bachao

resisting the government move under the banner of the the of banner the under move government the resisting “ Rajmahal

The Santhal of the district, facing massive displacement, are displacement, massive facing district, the of Santhal The

tion in Punjab, an affluent province in north India. north in province affluent an Punjab, in tion

handed over to the PANEM Coal Mines Ltd. for electricity genera- electricity for Ltd. Mines Coal PANEM the to over handed

s Santhal villages; on the contrary it will be will it contrary the on villages; Santhal s ’ area the of darkness

of 562 million tons. The coal will be extracted, but not to remove the remove to not but extracted, be will coal The tons. million 562 of

roughly 13 sq. km, covering 9 villages. The block has a coal reserve coal a has block The villages. 9 covering km, sq. 13 roughly

acquiring land in the Pachwara central block, which measures which block, central Pachwara the in land acquiring

which the Santhal have risen in revolt. The government has started has government The revolt. in risen have Santhal the which

Janata party-led government in the Santhal Parganas, against Parganas, Santhal the in government party-led Janata

A case in point is the land acquisition spree of the Bharatiya the of spree acquisition land the is point in case A

for mining purposes. mining for ’ non-tribals ‘ to land ’ tribal ‘ of transfer the

known Samata case (see (see case Samata known ), which bans which ), The Indigenous World 2001-2002 World Indigenous The

of 1949 as well as the recent Supreme Court Judgement on the well- the on Judgement Court Supreme recent the as well as 1949 of

Chotanagpur Tenancy Act of 1908, the Santhal Pargana Tenancy Act Tenancy Pargana Santhal the 1908, of Act Tenancy Chotanagpur

tenure acts that uphold the inalienability of tribal land, such as the as such land, tribal of inalienability the uphold that acts tenure

onslaught of the notorious Land Acquisition Act, which flouts the land the flouts which Act, Acquisition Land notorious the of onslaught

one such place where the people have been struggling hard against the against hard struggling been have people the where place such one conflict between the state and indigenous peoples. Jharkhand has been has Jharkhand peoples. indigenous and state the between conflict breached its own policies on 31counts, with several other counts of “serious failures”. The Inspection Panel upheld many of the claims made by the people. Furthermore, the Report indicated a disturbing gap between the Bank’s claims and the reality on the ground, namely that the Bank had used gross oversell and exaggerated claims to present the benefits of the project at the planning stage, and that, when the chips are down, it will violate its own stated policies. The Bank has to come up with a remedial action plan - but the people have prepared their own and presented it to the Bank. The outcome remains to be seen.

Indigenous peoples harassed under POTA

The Prevention of Terrorism Act, 2002, commonly known as POTA, was passed by the Indian parliament to prevent terrorist activities in the country, especially in Jammu and Kashmir. It gives immense power to the police to arrest and detain suspects without trial. How- ever, it has so far been used mostly in Jharkhand with the avowed objective of curbing communist revolutionary struggles. But in reality only innocent indigenous people, Dalits and other downtrodden people are being booked and harassed under this draconian law. A team of eminent citizens including lawyers, journalists, human right activists and an ex-army man visited the state and produced a report that revealed shocking facts. Indiscriminate use of the act has meant that mostly young men and women have been arrested. The police have not even spared minors. No terrorist threatening the national integrity was booked under POTA in Jharkhand. Not one of the 3,000 odd people named under POTA in less than a year seemed to merit the use of POTA, as there were no anti-nationals among them. Only cases that merit sanctions under ordinary law were brought under POTA. The report was presented to the National Human Rights Com- mission and the Union Home Ministry. It was then that central government asked the Jharkhand government to send a report on its use of POTA. The Director General of Police of Jharkhand appointed a high-level police committee to review all the POTA cases, and found that over 50% were ill-founded. Now the state Central Intel-

ligence Department has come up with the specific figure of 83.

When POTA was passed in a joint session of Parliament (despite •

•

opposition from all the opposition parties), the Union Home Minis- •

•

ter gave a solemn assurance that it would be used only against • •

• extremists who posed a serious threat to the security of the nation. •

• 321

• 322

(Adivasi-Dalit the of protest successful Adivasi-Dalit Samara Samithy Samithy Samara Adivasi-Dalit • •

• Consequent to the 38 starvation deaths in July-August 2001, and the and 2001, July-August in deaths starvation 38 the to Consequent • •

•

The Government fails to comply with agreement with comply to fails Government The •

Kerala

the state from malicious discrimination and gross injustice. gross and discrimination malicious from state the

people of people ” class lower “ real the protect to failed have ” war class “ of

particularly Santhal and Kora children. It seems that the protagonists the that seems It children. Kora and Santhal particularly

hindrance to the school success of children from tribal communities, tribal from children of success school the to hindrance

children apart from the others. Thirdly, the language barrier is a major a is barrier language the Thirdly, others. the from apart children

Teachers at one primary school went as far as to seat tribal seat to as far as went school primary one at Teachers ” gent.

children are not fit for acquiring education for they are less intelli- less are they for education acquiring for fit not are children

the SC and ST and SC the “ that believed even teachers, some including Many,

found to be very high in schools with a majority of SC and ST students. ST and SC of majority a with schools in high very be to found

munities almost no attention. Absenteeism among the teachers was teachers the among Absenteeism attention. no almost munities

school, the teachers reportedly gave children of the SC and ST com- ST and SC the of children gave reportedly teachers the school,

tuition cannot even write their names properly). Secondly, at primary at Secondly, properly). names their write even cannot tuition

tuition is widespread and, in general, those who do not take private take not do who those general, in and, widespread is tuition

not allow them to afford the extra cost of private tuition (private tuition private of cost extra the afford to them allow not

families surveyed were occupationally agricultural wage earners) did earners) wage agricultural occupationally were surveyed families

Firstly, the economic status of their parents (most of the SC and ST and SC the of (most parents their of status economic the Firstly,

existing education system, which have enormous social implications. social enormous have which system, education existing

the SC and ST communities face multi-layered deprivations in the in deprivations multi-layered face communities ST and SC the

oppression that continues to marginalize these people. Children of Children people. these marginalize to continues that oppression

forms an integral part of the social, economic, political and cultural and political economic, social, the of part integral an forms

background, the Scheduled Castes (SC) and Scheduled Tribes (ST), Tribes Scheduled and (SC) Castes Scheduled the background,

Trust reveals that discrimination against people of so-called lowly so-called of people against discrimination that reveals

jerk. A rigorous empirical study conducted by the Pratichi (India) Pratichi the by conducted study empirical rigorous A jerk.

nature of the state, has received a received has state, the of nature ” progressive “ the in place no has

West Bengal, that discrimination along the lines of caste and ethnicity and caste of lines the along discrimination that Bengal, West

The cherished belief, nourished and popularised by the ruling left of left ruling the by popularised and nourished belief, cherished The

Demystifying Bengal Demystifying

replaced by POTA. by replaced ”

tive Team remarked, remarked, Team tive In Jharkhand all the laws of the land are land the of laws the all Jharkhand In “

led Jharkhand government is inexcusable. In fact, as the Investiga- the as fact, In inexcusable. is government Jharkhand led But the way it has been used/misused by the Bharatiya Janata party- Janata Bharatiya the by used/misused been has it way the But Struggle Committee) and the Adivasi Gothre Mahasabha (Grand Coun- cil of Adivasi, AGMS), the government entered into an agreement with the struggle committee on 16 October 2001 – the C.K. Janu – A.K. Antony “agreement” (see The Indigenous World 2001-2002:335-339). The agreement consisted of providing up to 5 acres of land to those Adivasi families who were landless or possessing less than an acre of land and development plans for sustainable land use. In addition, another key provision was a cabinet resolution to include all Adivasi hamlets under Schedule V, which would confer on them the right to a high degree of self-governance under the Panchayat Raj Act (Exten- sion to the Scheduled Areas), 1996. Adivasis in Kerala, unlike those in 10 other states, have to date not been included in Schedule V. The government also agreed to abide by the outcome of pending Supreme Court of India cases on land transfers to scheduled tribes in Kerala (see The Indigenous World 1999-2000 and 2000-2001). By 1 January 2002, the government had identified 53,472 families eligible to receive five acres of land, of which 22,491 were landless, while the remainder had less than one acre. Concurrently, the state has identified 59,452 acres for distribution. So far 843 families have been given 1,747.62 acres. This works out at 1.6 percent of the identified beneficiaries getting some 3 percent of the total land, averaging roughly 3 acres per beneficiary. At this rate, it will take another half century to distribute the identified lands to the beneficiaries. It was clear that the economic lobbies around the forest and the plantations had sufficient influence and control over the mainstream political parties as well as the bureaucratic machinery to subvert the agreement, as it did with the law pertaining to the restoration of alienated lands. The AGMS’ success in gaining legitimacy through the agreement in 2001 and following up with the initiation of a participatory democratic process not only threatened the economic lobbies that stood in the way of implementing the agreement but also upset the delicately deceptive politico-administrative system that so beautifully passed itself off as a “democracy”.

Police force on the rampage

Around 1,000 heavily armed police officers stormed the Muthanga

range of the Wayanad Wild Life Sanctuary in the Nilgiri Biosphere in •

•

Wayanad district of Kerala on the morning of 19 February 2003. •

•

Approximately another 100 non-Adivasi locals joined the police, ba- • •

• ying for the blood of Adivasis. These people included local politicians •

• 323

• 324 of Tamil Elam. The Chief Minister revealed with much aplomb that the that aplomb much with revealed Minister Chief The Elam. Tamil of • •

•

banned Peoples War group of Andhra, as well as the Liberation Tigers Liberation the as well as Andhra, of group War Peoples banned •

• linked to the to linked ” group terrorist violent armed fully “

cracking down on a a on down cracking •

•

Congress-led United Democratic Front (UDF) congratulated itself on itself congratulated (UDF) Front Democratic United Congress-led •

The attack in Muthanga sent shock waves across the state. The state. the across waves shock sent Muthanga in attack The

struggle. They faced brutal custodial torture. custodial brutal faced They struggle.

to the police, holding high the spirit of the tradition of democratic of tradition the of spirit the high holding police, the to

Adivasi leaders, emerged from the forest and handed themselves over themselves handed and forest the from emerged leaders, Adivasi

On 23 February, C.K Janu and M. Geethanandan, both prominent both Geethanandan, M. and Janu C.K February, 23 On

shelter in the neighbouring states of Tamilnadu and Karnataka. and Tamilnadu of states neighbouring the in shelter

is still not known. Many have abandoned their villages and taken and villages their abandoned have Many known. not still is

people arrested, taken into custody, tortured, injured, dead or missing or dead injured, tortured, custody, into taken arrested, people

of women and children. A month and a half later, the exact number of number exact the later, half a and month A children. and women of

tortured. 143 people were reported arrested, including a large number large a including arrested, reported were people 143 tortured.

days, it reached other districts of the state. Hundreds were arrested and arrested were Hundreds state. the of districts other reached it days,

police spread to all the nearby Adivasi villages and, in the subsequent the in and, villages Adivasi nearby the all to spread police

mysterious cordoning off from the outside world. The brutal hunt by the by hunt brutal The world. outside the from off cordoning mysterious

really took place. Over the next 16-18 hours, the area was subject to a to subject was area the hours, 16-18 next the Over place. took really

some managed to bring back pictures and eyewitness accounts of what of accounts eyewitness and pictures back bring to managed some

driven away lest they document and report the brutalities. However, brutalities. the report and document they lest away driven

were 18 rounds of firing. The journalists present were beaten and beaten were present journalists The firing. of rounds 18 were

An Adivasi fell victim to the firing. According to official reports there reports official to According firing. the to victim fell Adivasi An

ngings smashed, accompanied by the firing of tear gas and guns. and gas tear of firing the by accompanied smashed, ngings belo

meagre worldly meagre ’ Adivasis the and fire on set were Huts children. and

went on the rampage, brutally slaying the Adivasis, including women including Adivasis, the slaying brutally rampage, the on went

5 Adivasis, one forester and a policeman were injured. The police The injured. were policeman a and forester one Adivasis, 5

When the police clashed with the Adivasis on 19 February, around February, 19 on Adivasis the with clashed police the When

powerful inter-state forest mafia. forest inter-state powerful

to a private contractor and, at the same time, forms the corridor for a for corridor the forms time, same the at and, contractor private a to

cially registered as forest. This part of the forest was earlier leased out leased earlier was forest the of part This forest. as registered cially

deforested barren and eucalyptus plantation land, which was offi- was which land, plantation eucalyptus and barren deforested

1,100 landless Adivasi families had settled in the Muthanga range on range Muthanga the in settled had families Adivasi landless 1,100

on their own. By February 2003, about 2003, February By own. their on ” agreement “ the implement

The Muthanga occupation was thus part of the AGMS the of part thus was occupation Muthanga The decision to decision ’

before 31 December 2002, as they had officially agreed. officially had they as 2002, December 31 before ” agreement “

land promised to Adivasis according to the C.K. Janu Janu C.K. the to according Adivasis to promised land A.K. Antony A.K. –

decided to take this action if the government did not distribute the distribute not did government the if action this take to decided

2003. In a meeting in August 2002 convened by the AGMS, it had been had it AGMS, the by convened 2002 August in meeting a In 2003.

Adivasis had been occupying the Muthanga range since 4 January 4 since range Muthanga the occupying been had Adivasis

group.

a so-called environmental so-called a Wayanad Prakrithy Samrakshana Samithy, Samithy, Samrakshana Prakrithy Wayanad of all hues, henchmen of the powerful forest mafia and members of members and mafia forest powerful the of henchmen hues, all of AGMS had established a “parallel” government, basing his accusations on alleged intelligence reports. Within days, the theories and allegations against AGMS crumbled. The officials agreed that there was no credence to the allegations of an armed uprising or links with banned groups. The brutal actions of the state that were initially welcomed, if seen to be too harsh, were soon widely condemned by many. The declaration of Adivasi habitation as scheduled area under the Vth Schedule of Article 244 would give the Adivasis the constitutional right to self-rule. However, both the ruling and the opposition fronts have quietly and collectively relegated this issue, declaring that autonomous processes such as the AGMS’ have no legitimacy in a democracy. Both regard the participatory democratic process unleashed by a section of Adivasis as threatening democracy in its current form. The international discourse on self-rule among indigenous peoples has begun to anger sections of non-tribal society that had otherwise been opposing globalisation’s influence on the national and local political debate.

The North-East

Increasing and heightened political aspirations fuelled by the discourse on self-determination has set the tone for indigenous and tribal politics in the North-East region of India. This genre of politics hit a new zenith of conflicting territorial claims and demands in 2002-2003 as tribes and indigenous communities struggled for their rights. The year was no different to the previous as inter- and intra-tribal clashes, intra- and inter-armed groups clashes, as well as clashes with the Indian army and paramilitary forces took a deadly toll on lives and displaced thousands of women, children and men. While a total figure is not available for the region as a whole, newspaper reports stated that over 83 persons belonging to the United Liberation front of Asom (ULFA) and the National Democratic Front of Bodoland (NDFB), the former an armed group fighting for a free Assam and the latter an armed organization seeking an independent homeland for the Bodos, had been killed in encounters with the In- dian army and state police forces. According to the annual Indian Home Ministry report, the total number of civilians killed in the cross-

fire of encounters between the Indian forces and the various armed

organizations during the year was around 454. It could in fact be •

•

much more, as many such deaths go unreported. An almost equal •

•

number of members of the security forces have died in the numerous • •

• violent encounters during the year. •

• 325

• 326

claimed areas, thus areas, claimed ” historically “ a scramble to safeguard their own own their safeguard to scramble a • •

• mands as the neighbouring tribes and communities have commenced have communities and tribes neighbouring the as mands •

•

areas, has resulted in a domino effect of demands and counter-de- and demands of effect domino a in resulted has areas, •

•

, uniting all Naga inhabited Naga all uniting , ” Nagalim “ a for demand s ’ the NSCN-IM the •

). However, ). Nagalim, on article (see Naga the among tion this volume this

commitment to the peace process, there is again hope for reconcilia- for hope again is there process, peace the to commitment

elections of February 2003 and with the new coalition government coalition new the with and 2003 February of elections s ’

ered one of the factions. With the disposal of Jamir in the recent state recent the in Jamir of disposal the With factions. the of one ered

Nagaland state apparatus for nearly a decade and a half, is consid- is half, a and decade a nearly for apparatus state Nagaland

100 people allegedly died. In this context, S.C. Jamir, who led the led who Jamir, S.C. context, this In died. allegedly people 100

fights between the different factions of the Naga, in which more than more which in Naga, the of factions different the between fights

mained a mere chimera as the year saw one of the fiercest factional fiercest the of one saw year the as chimera mere a mained

forth a reconciliation among the different factions of the Naga re- Naga the of factions different the among reconciliation a forth

Naga continues within their fold. Last year, the hopes for bringing for hopes the year, Last fold. their within continues Naga

a mere incident and gesture unless the struggle for peace among the among peace for struggle the unless gesture and incident mere a

came to India for the talks. But these much-vaunted talks may remain may talks much-vaunted these But talks. the for India to came

leaders of the NSCN-IM Thuingaleng Muivah and Issac Chishi Swu Chishi Issac and Muivah Thuingaleng NSCN-IM the of leaders

the rest of the region (see article on Nagalim). For the first time, the time, first the For Nagalim). on article (see region the of rest the

a watershed heralding a new dawn for peace for the Naga and thereby and Naga the for peace for dawn new a heralding watershed a

of Nagalim-IM, which were held in Delhi last January, were hailed as hailed were January, last Delhi in held were which Nagalim-IM, of

The talks between the GOI and the Nationalist Socialist Council Socialist Nationalist the and GOI the between talks The

strong anti-talks factions. anti-talks strong

feuds, as in the case of the BLT agreement and the UPDS, which have which UPDS, the and agreement BLT the of case the in as feuds,

either counter-claims from other tribes and communities or factional or communities and tribes other from counter-claims either

Democratic Solidarity (UPDS). All these agreements have resulted in resulted have agreements these All (UPDS). Solidarity Democratic

Halam Daoga (DHD) and a Karbi armed group, the United People United the group, armed Karbi a and (DHD) Daoga Halam s ’

well as ceasefire agreements with the Dimasa armed group, Dima group, armed Dimasa the with agreements ceasefire as well

armed Bodo organization, the Bodoland Liberation Tigers (BLT), as (BLT), Tigers Liberation Bodoland the organization, Bodo armed

an agreement to form the Bodoland Territorial Council (BTC) with the with (BTC) Council Territorial Bodoland the form to agreement an

faction (NSCN-IM) (see article on Nagalim). It has furthermore signed furthermore has It Nagalim). on article (see (NSCN-IM) faction

tions with the National Socialist Council of Nagaland, Isak Muivah Isak Nagaland, of Council Socialist National the with tions

demands on other fronts. At the moment, the GOI is holding negotia- holding is GOI the moment, the At fronts. other on demands

tribal groups have only served to set off a series of counter-claims or counter-claims of series a off set to served only have groups tribal

ground. Its overtures for peaceful negotiations with some of the armed the of some with negotiations peaceful for overtures Its ground.

outgrown by the problems and issues presented by the region on the on region the by presented issues and problems the by outgrown

framework of the Indian Constitution in its present form has been has form present its in Constitution Indian the of framework

ous tribal causes and hammering out a peaceful agreement within the within agreement peaceful a out hammering and causes tribal ous

of negotiating with the various armed organizations fighting for vari- for fighting organizations armed various the with negotiating of

policy to handle the complicated situation in the North-East. Its policy Its North-East. the in situation complicated the handle to policy

The government of India (GOI) is hard put to assemble a workable a assemble to put hard is (GOI) India of government The Looking for peaceful solutions peaceful for Looking spreading tension across the ethnic fabric of the region. The Dima Halam Daoga, an armed outfit of Dimasa tribes of the North Cachar Hills district of Assam, has laid claim to “Dimasaraji”, their historical kingdom, which they claim spans into the areas claimed by the NSCN- IM as Nagalim territory. Like the Naga groups that have entered into a ceasefire agreement with the GOI, the Dimasa armed cadres are free to wander around at will. The agreement is that they cannot carry their arms or weapons with them but this clause is not totally implemented.

New frictions

These kinds of ceasefire agreements have spawned a new brand of problems for the people as some members of the respective ethnic groups have taken these as a virtual licence to brow-beat the smaller tribes or communities living in and around the areas concerned, or the major tribal group has used the ceasefire as an opportunity to absorb smaller communities within its fold in order to legitimize its territorial claims. This has resulted in serious friction along tribal lines. Resist- ance to this has caused an outbreak of feuds and killings. The most recent outbreak of clashes was between the Hmar and Dimasa people in the North Cachar Hills District of Assam where more than 40 people died in separate incidents during the months of March, April and May 2003. Dozens of homes were burnt and ransacked and thousands of people had to flee. The state governments of Assam, Mizoram and Meghalaya, where the people fled to, are still trying to rehabilitate these displaced persons or convince them to move back home. The hardening of tribal boundaries and the intra-tribal factionalism is taking a massive toll on the people. Among the Kuki tribe of Ma- nipur, for example, more than six different armed groups and organizations claim to be speaking on behalf of the “Kuki people”. This new layer of emerging conflicts has created a totally different and even more perilous security scenario for the ordinary people of the region. At each step, the ethnic issue comes up. The Bodoland Territorial Council’s agreement with the Bodoland

Liberation Tigers (BLT), an armed group of the Bodo tribe, is yet to

become fully operational. One of the contentious issues arising out of •

•

this agreement is the fact that it also seeks to give the Bodo living •

•

within the Karbi-Anglong Autonomous District Council, an area of • •

• the Karbi tribe, the status of a scheduled tribe, which alone would •

• 327

• 328 logging on the islands to be halted immediately. The court ruling court The immediately. halted be to islands the on logging • •

• from tribal reserves, the Andaman Trunk Road to be closed, and all and closed, be to Road Trunk Andaman the reserves, tribal from •

•

order: settlers on the Andaman Islands were ordered to be removed be to ordered were Islands Andaman the on settlers order: •

•

On May 7, 2002, the Supreme Court of India issued an unprecedented an issued India of Court Supreme the 2002, 7, May On •

Andaman and Nicobar Islands: removal of settlers of removal Islands: Nicobar and Andaman

will destroy the lands on which several indigenous tribes live. tribes indigenous several which on lands the destroy will

erating hydropower. NGOs campaigning against the dam say that it that say dam the against campaigning NGOs hydropower. erating

ing the frequent flooding of the Cachar plains of Assam and of gen- of and Assam of plains Cachar the of flooding frequent the ing

posed 162.80 metre-high dam has the primary stated objec stated primary the has dam metre-high 162.80 posed tive of prevent- of tive

to build the Tipaimukh Hydroelectric (multipurpose) Project. The pro- The Project. (multipurpose) Hydroelectric Tipaimukh the build to

nipur and the North-Eastern Electric Power Corporation Ltd (NEEPCO) Ltd Corporation Power Electric North-Eastern the and nipur

randum of understanding was signed between the government of Ma- of government the between signed was understanding of randum

waters. NGOs are campaigning against the dams. In January, a memo- a January, In dams. the against campaigning are NGOs waters.

symbolise. On the other hand, some may lose their land to the rising the to land their lose may some hand, other the On symbolise.

are in a catch 22 situation. They need the development that these dams these that development the need They situation. 22 catch a in are

the unique biodiversity of the land. The people who will be affected be will who people The land. the of biodiversity unique the

have the potential to displace a large number of people and destroy and people of number large a displace to potential the have

projects for hydroelectricity generation in the pipeline. These projects These pipeline. the in generation hydroelectricity for projects

that can provide hydropower. There are more than one hundred dam hundred one than more are There hydropower. provide can that

The North-East region of India has been identified as one of the areas the of one as identified been has India of region North-East The

The politics of dams of politics The

nationalism and of carving out ethnic homelands alone. homelands ethnic out carving of and nationalism

to be based on values and concepts other than those of ethno-cultural of those than other concepts and values on based be to

voke a dynamic new vision for the people of the region that may have may that region the of people the for vision new dynamic a voke

organizations, both national and international, work together to in- to together work international, and national both organizations,

and the north-eastern states, intellectuals at all levels and civil society civil and levels all at intellectuals states, north-eastern the and

unfolds, analysts predict more clashes unless the government of India of government the unless clashes more predict analysts unfolds,

people from across the region were kidnapped for ransom. As 2003 As ransom. for kidnapped were region the across from people

racket based on kidnapping for ransom. During 2002, more than 450 than more 2002, During ransom. for kidnapping on based racket

movement has spawned a flourishing network of extortion and a and extortion of network flourishing a spawned has movement

justified in every sense, the slide into criminalisation to support the support to criminalisation into slide the sense, every in justified

tually conflicting positions. Even if the political demands can be can demands political the if Even positions. conflicting tually

rallies and strikes. Tribes and communities are thus lined up in mu- in up lined thus are communities and Tribes strikes. and rallies

trict. The Karbi are vehemently opposing this with with this opposing vehemently are Karbi The trict. , protest , bandhs

standing with the Karbi within the Karbi-Anglong Autonomous Dis- Autonomous Karbi-Anglong the within Karbi the with standing entitle them to franchise, land ownership and other rights on an equal an on rights other and ownership land franchise, to them entitle followed a petition regarding logging on tribal land filed by the So- ciety for Andaman and Nicobar Ecology (SANE). Activists and observers celebrated the landmark ruling in May last year and regarded it as a turning point, giving the isolated indigenous Jarawas on the South and Middle Andaman Islands as well as the Onge of Little Andaman Island the best chance of survival for years. For more than 150 years, the indigenous peoples of the islands have suffered from exploitation by outsiders who have settled on their land, taken over their forests for timber extraction, etc. To date (May 2003), however, the court orders have only been partially implemented by the An- daman & Nicobar Administration. According to Survival Interna- tional, most settlers who had recently moved into the Jarawa reserve have been removed, whereas the closure of the trunk road has yet to be implemented. On the other hand, the court ruling is having an impact in neighbouring Nicobar Islands, where the indigenous islanders’ own organization, the Nicobar Youth Association, has filed a Public Interest Litigation case against illegal settlers modelled on the Andaman experience. ❑

Note and reference

1 Rana K et al. 2002. The Pratichi Education Report. With an introduction by Amartya Sen. Delhi: TLM Books in collaboration with Pratichi (India) Trust. 2 Bandh means closed, and in its political meaning a bandh is an organized closure of all businesses with the purpose of calling attention to a specific problem. Bandhs are a common form of political protest in South Asia.

•

. •

•

• •

• 329

• 330

forests. fewer still attempt to live in their old village sites near the the near sites village old their in live to attempt still fewer • •

• among the relocated Wanniyala-Aetto who remember the old life, and life, old the remember who Wanniyala-Aetto relocated the among •

•

or champions their cause. As time passes, increasingly few remain few increasingly passes, time As cause. their champions or •

•

ganization in Sri Lanka that defends the rights of the Wanniyala-Aetto the of rights the defends that Lanka Sri in ganization •

challenges of life in government resettlement villages. There is no or- no is There villages. resettlement government in life of challenges

evant to the parliament in Colombo, which is so remote from the daily the from remote so is which Colombo, in parliament the to evant

that confront these hunter-gatherers seem ever more quaint and irrel- and quaint more ever seem hunter-gatherers these confront that

opposition from the government. As their numbers dwindle, the issues the dwindle, numbers their As government. the from opposition

but in order to survive. They meet overwhelming and sometimes deadly sometimes and overwhelming meet They survive. to order in but

to hunt and gather in their old settlements, not for the sake of resistance of sake the for not settlements, old their in gather and hunt to

, still attempt still , ’ forest-dwellers ‘ means which Wanniyala-Aetto, The

witnessed the promise in 1997. in promise the witnessed

written assurance was broken. Both national media and the WGIP the and media national Both broken. was assurance written

President, the Wanniyala-Aetto raised no specific objection when this when objection specific no raised Wanniyala-Aetto the President,

blank promise that they were free to return to their forest, made by the by made forest, their to return to free were they that promise blank

history of war, feuds or opposition to rulers in the past. In spite of the of spite In past. the in rulers to opposition or feuds war, of history

ance, if any, to the major changes imposed by government. There is no is There government. by imposed changes major the to any, if ance,

. There has been insufficient resist- insufficient been has There . the Chronicle, holy the Mahavamsa

as educated people and Buddhist monks had told them, quoting from quoting them, told had monks Buddhist and people educated as

or demons or evil of descendants the not were they Hence, try. Yakkhas

niyala-Aetto became aware that they were the first people of the coun- the of people first the were they that aware became niyala-Aetto

Working Group on Indigenous Peoples (WGIP) in 1996 that the Wan- the that 1996 in (WGIP) Peoples Indigenous on Group Working

It was only in connection with the United Nations meeting of the of meeting Nations United the with connection in only was It

Wanniyala-Aetto. of behalf on plans devise not do and only all

of representative democracy and elections. They deal with local issues local with deal They elections. and democracy representative of

dealing with the bureaucracy of the modern state, and have no tradition no have and state, modern the of bureaucracy the with dealing

written communication with outside societies. They lack experience in experience lack They societies. outside with communication written

by any of them, Roman orthography is unknown. Hence there is no is there Hence unknown. is orthography Roman them, of any by

education and acculturation. European languages are still not spoken not still are languages European acculturation. and education

society, they have not accommodated themselves to northern-based to themselves accommodated not have they society,

Not yet assimilated into the country the into assimilated yet Not s mainstream (Singhalese) mainstream s ’

sistence economy without harassment. without economy sistence

gion, marriage and funeral customs and pursuing their foraging sub- foraging their pursuing and customs funeral and marriage gion,

own families, speaking their own language, maintaining their reli- their maintaining language, own their speaking families, own

mination - a right which, for them, simply means looking after their after looking means simply them, for which, right a - mination

gatherers. They are poorly prepared to defend their right of self-deter- of right their defend to prepared poorly are They gatherers.

conditions, they still attempt to continue their traditional life as hunter- as life traditional their continue to attempt still they conditions,

descendants of the aboriginal people of Sri Lanka. Under difficult Under Lanka. Sri of people aboriginal the of descendants

he last 2,000 Wanniyala-Aetto (often still called called still (often Wanniyala-Aetto 2,000 last he ) are the are ) Veddah SRI LANKA SRI December 2001 elections

In June 2001, changes began to occur inside the parliament building. Min- isters and government members from the ruling Peoples Alliance (PA) switched to the opposition, the United National Party (UNP). This latter governed the country from 1977 to 1994 when the Peo- ples Alliance was elected. The UNP is remembered for the Mahaweli Development Project, a hydroelectric and irrigation project which, among other things, caused the eviction of the Wanni- yala-Aetto from their forest in order to make way for the Maduru Oya national park. Once the PA came to power, they decentralised the presidential powers and focused on human rights. Mass graves were unearthed and former ministers and government officials were put on trial. The PA government allowed the Wanniyala-Aetto to participate in the WGIP in 1996, something they had been denied in 1985 during the UNP regime. The UNP won the elections in December 2001- the most violent ever in the history of Sri Lanka. Road mines and huge trees functioned as roadblocks in several districts, preventing people from voting. Those that reached the polling stations unharmed were, in many districts, threatened, shot or killed with their ballot papers in their hands. In some instances, international observers even removed their signs from their

vehicles, fleeing with bullets whistling above their heads.

“Family problems” •

•

The Wanniyala-Aetto are not used to representative democracy. It is • •

• of no consequence to them who works with what in the provincial or •

• 331

• 332 that a benevolent approach toward the indigenous people could set a set could people indigenous the toward approach benevolent a that • •

• litical, economic, cultural and social rights. There is a fear, it was said, was it fear, a is There rights. social and cultural economic, litical, •

•

other minority, the Tamils (three million) had not fought for their po- their for fought not had million) (three Tamils the minority, other •

•

might have been more lenient toward the 2,000 Wanniyala-Aetto if the if Wanniyala-Aetto 2,000 the toward lenient more been have might •

as a minority. Government sources have repeatedly stated that they that stated repeatedly have sources Government minority. a as

government is reluctant to formally recognize its indigenous people indigenous its recognize formally to reluctant is government

Given the ethnic conflict between the Singhalese and the Tamils, the Tamils, the and Singhalese the between conflict ethnic the Given

Fear of setting a precedent a setting of Fear

niyala-Aetto.

again, undertaken without the prior and informed consent of the Wan- the of consent informed and prior the without undertaken again,

Park was one of many one-hundred-day projects. The process was, yet was, process The projects. one-hundred-day many of one was Park

resorts and accommodation. Development of the Maduru Oya National Oya Maduru the of Development accommodation. and resorts

There was a lack of infrastructure, vehicles, certified tourist guides, tourist certified vehicles, infrastructure, of lack a was There

Park, created in 1983, had not yet been developed to its full capacity. full its to developed been yet not had 1983, in created Park,

inside the park for safaris. It was said that the Maduru Oya National Oya Maduru the that said was It safaris. for park the inside

the road would be widened and that they would establish jeep routes jeep establish would they that and widened be would road the

Wanniyala-Aetto population, to survey the road. Rumour had it that it had Rumour road. the survey to population, Wanniyala-Aetto

election, engineers came to Dambana, a village with a relatively large relatively a with village a Dambana, to came engineers election,

to raise the country to its feet in one hundred days. Two weeks after the after weeks Two days. hundred one in feet its to country the raise to

start development projects where they were most needed. The idea was idea The needed. most were they where projects development start

province was given the incentive to incentive the given was province each victory, s ’ UNP the after Soon

Economic development is a high priority for the new administration. new the for priority high a is development Economic

One hundred days hundred One

Aetto now pin their hopes on the new UNP government. UNP new the on hopes their pin now Aetto

. ” family the within Convinced by the campaigners, the Wanniyala- the campaigners, the by Convinced

commented by a visiting UNP member, member, UNP visiting a by commented The issue should be resolved be should issue The “

discouraged from seeking further assistance from international fora. As fora. international from assistance further seeking from discouraged

been criticized for bringing th bringing for criticized been eir problems out into the open. They were They open. the into out problems eir

niyala-Aetto returned from their 1996 UN participation, they have they participation, UN 1996 their from returned niyala-Aetto

only they, were the ones who could resolve it. Ever since the Wan- the since Ever it. resolve could who ones the were they, only

moved them from the jungle to Rehabilitation Villages hence they, and they, hence Villages Rehabilitation to jungle the from them moved

had taken away the land from the Wanniyala-Aetto in 1983 and 1983 in Wanniyala-Aetto the from land the away taken had

campaign leaders. The argument was that the UNP were the ones who ones the were UNP the that was argument The leaders. campaign

The UNP campaigners targeted young Wanniyala-Aetto men as men Wanniyala-Aetto young targeted campaigners UNP The

the indigenous people to vote for them. for vote to people indigenous the national capitals. Both political parties know this, and try to motivate to try and this, know parties political Both capitals. national precedent for other minorities, one that might lead to drastic, unwanted political change. The best thing was therefore to make all citizens equal in Sri Lanka, without claiming different treatment based on ethnicity. Part of the plan was to absorb the Wanniyala-Aetto into mainstream society. The government imposed regulations stating that all Wanniyala-Aetto women should bear their husband’s name and that the children should bear the name of their father. This is the norm in both Singhalese and Tamil societies. Since marriage customs are less formalized among the Wanniyala-Aetto in comparison with those of the Singhalese, Tamils and/or Muslims, the local authorities were astonished to find, when writing new ID cards, that the Wanniyala- Aetto were not legally married. In 1989, Sri Lanka therefore decided that all forest-dwellers had to obtain a marriage certificate and register their marriage with the state. The government arranged mass ceremonies to “legalize” previous Wanniyala-Aetto alliances3 so that sometimes life-long un- ions between couples could be “officially” recognized as marriages. Today, because of the government’s requirement for official registration, the younger generation do not consider themselves married unless they put their fingerprint or signature on an official marriage certificate. Having completed that reform, in 2002 the government initiated yet another way of integrating the Wanniyala-Aetto into the norms of mainstream society: through their funeral traditions. The Wanniyala-Aetto regard themselves as creatures of the forest who share a complex moral universe of visible and invisible fellow- beings in an environment in which everything is alive. They believe that their dead live in another dimension, yet are always with them. For them, no one really dies until those who knew and loved them are also dead. This is why they bury their deceased family members at the edge of the vegetable garden, close to the house so that they can be near and participate in daily life. Their ancestors are a part of the upbringing of the children. In January 2002, at a village meeting by the main road in Dambana, there was a proposal from the Singhalese majority to change the Wanniyala-Aetto funeral customs. They should find a confined area, in the village, where all deceased would be buried together; a cem-

etery. Having lost their forestland, living in the buffer zone between

the borders of the national park and the main road, their first concern •

•

was the land. Whose land was going to be taken? Some hesitated, •

•

watching the “more advanced” Singhalese people advocating for the • •

• cemetery. Others wished to prioritize the living over the dead. Once •

• 333 • 334 • • •

•

19, 1989. Colombo, Sri Lanka. Sri Colombo, 1989. 19, •

•

, May , ” Veddahs. for day Historic “ 3 Daily News Daily

Weerasinghe, Chadrasiri. Weerasinghe, •

•

s files. s ’ author

. Personal communication. Wanniya, 11 Dec. 2001. Notes in Notes 2001. Dec. 11 Wanniya, communication. Personal . 2 Uru Warige Uru

. Colombo: Ceylon Government Information Department. Information Government Ceylon Colombo: . Ceylon

. . 1 The Mahavamsa, or The Great Chronicle of Chronicle Great The or Mahavamsa, The Geiger, Wilhelm (trans.). 1950 (trans.). Wilhelm Geiger,

Notes and references and Notes

national), if they are to maintain their own. their maintain to are they if national), ❑

first to acquire an alien culture, maybe even two (national and inter- and (national two even maybe culture, alien an acquire to first

ment. The paradox lies in this conversion: the Wanniyala-Aetto have Wanniyala-Aetto the conversion: this in lies paradox The ment.

that they will not choose their future spouse from the native settle- native the from spouse future their choose not will they that

become distanced from their people in the compound. Chances are Chances compound. the in people their from distanced become

their own forest people. They may dress, talk and smell strangely and strangely smell and talk dress, may They people. forest own their

the adult students may acquire customs alien to the ones practised by practised ones the to alien customs acquire may students adult the

stream (in this context, Singhalese) society. In addition, when abroad, when addition, In society. Singhalese) context, this (in stream

their beliefs and way of life, they first have to send them into main- into them send to have first they life, of way and beliefs their

their children according to their traditions, teach their language, share language, their teach traditions, their to according children their

And herein lies the paradox. If the Wanniyala-Aetto wish to raise to wish Wanniyala-Aetto the If paradox. the lies herein And

issues is not on the agenda in Sri Lanka. Sri in agenda the on not is issues

maybe abroad. Human rights and capacity building on indigenous on building capacity and rights Human abroad. maybe

financial resources, excel at school and advance to higher education, higher to advance and school at excel resources, financial

and legal documents. To gain this knowledge they need to have to need they knowledge this gain To documents. legal and

achieved if they learn to critically examine government statements government examine critically to learn they if achieved

people (Singhalese, Tamils, foreigners from the North). This can be can This North). the from foreigners Tamils, (Singhalese, people

ence of what they have been made to believe are are believe to made been have they what of ence ’ advanced more ‘

have the self-confidence to speak out on their own, even in the pres- the in even own, their on out speak to self-confidence the have

If the Wanniyala-Aetto are going to survive as a culture, they need to need they culture, a as survive to going are Wanniyala-Aetto the If

The paradox The

niyala-Aetto into mainstream society. mainstream into niyala-Aetto

this democratic process, another step was taken to absorb the Wan- the absorb to taken was step another process, democratic this

a majority vote overruled the Wanniyala-Aetto traditions. Hence, with Hence, traditions. Wanniyala-Aetto the overruled vote majority a

tion, (the Wanniyala-Aetto are not accustomed to such get-togethers), such to accustomed not are Wanniyala-Aetto (the tion,

Since this was a village meeting with mostly Singhalese participa- Singhalese mostly with meeting village a was this Since

provide for the dead as prescribed by their tradition. their by prescribed as dead the for provide the Wanniyala-Aetto had a place to live, they meant, they would they meant, they live, to place a had Wanniyala-Aetto the

•

THE MIDDLE EAST •

•

• •

• 335

• 336 category became a major means of expropriation in the Negev because Negev the in expropriation of means major a became category • •

•

as untilled and more than 1.5 miles from the nearest settlement. The settlement. nearest the from miles 1.5 than more and untilled as •

• land was defined was land produced. be could title formal a unless erty

Mawat •

•

lands as state prop- state as lands all classified (1969) Ordinance Settlement mawat •

process that has made Bedouin land claims invisible. The Land Rights Land The invisible. claims land Bedouin made has that process

s sedentarisation policy has been accompanied by a legal a by accompanied been has policy sedentarisation s ’ Israel of

from the estimated 900,000 dunams 900,000 estimated the from that remain to them. The state The them. to remain that

Bedouin lands. Today, the Bedouin are struggling to avoid eviction avoid to struggling are Bedouin the Today, lands. Bedouin

in the Negev as Negev the in British mandate records list 12,600,000 dunams 12,600,000 list records mandate British

cheap source of wage labour for the Jewish economy. Jewish the for labour wage of source cheap

To domesticate the indigenous Bedouin economy and create a create and economy Bedouin indigenous the domesticate To •

available for settlement programmes for Jews only; Jews for programmes settlement for available

To concentrate the Bedouin and make their traditional lands traditional their make and Bedouin the concentrate To •

had two main aims: main two had

propriate. Like policies enacted on other indigenous peoples, it has it peoples, indigenous other on enacted policies Like propriate.

ducted without consultation and in a manner that is culturally inap- culturally is that manner a in and consultation without ducted

the Bedouin, has been con- been has Bedouin, the ” modernize “ to designed policy, tion

a process of forced sedentarisation in urban townships. This reloca- This townships. urban in sedentarisation forced of process a

Since the mid-1960s, the Bedouin of the Negev have been subjected to subjected been have Negev the of Bedouin the mid-1960s, the Since

Land dispossession and sedentarisation and dispossession Land

recognized by the state. the by recognized

poorest localities in Israel. The other half in villages that are not are that villages in half other The Israel. in localities poorest

townships, which rate among the among rate which townships, ” recognized “ 7 in them of half

Today, approximately 130,000 Arab Bedouin live in the Negev, the in live Bedouin Arab 130,000 approximately Today,

lands.

number of laws were used to dispossess them of their traditional their of them dispossess to used were laws of number

military rule in a closed military zone. Throughout this period, a period, this Throughout zone. military closed a in rule military

remaining tribes were rounded up and spent the next 18 years under years 18 next the spent and up rounded were tribes remaining

war, the majority of the Negev the of majority the war, s Bedouin were driven out or fled. The fled. or out driven were Bedouin s ’

Bedouin lived from agriculture and livestock raising. During the 1948 the During raising. livestock and agriculture from lived Bedouin

within the green line (the 1948 border of Israel). Prior to 1948, the 1948, to Prior Israel). of border 1948 (the line green the within

minority in Israel. in minority The Negev comprises 2/3 of the total land area land total the of 2/3 comprises Negev The

sert and represent approximately 12% of the Palestinian Arab Palestinian the of 12% approximately represent and sert

he Arab Bedouin are the indigenous inhabitants of the Negev De- Negev the of inhabitants indigenous the are Bedouin Arab he THE BEDOUIN OF ISRAEL OF BEDOUIN THE Cities

“Settled” Bedouin townships “Unreconized” Bedouin villages

Map showing some of the “unrecognized” villages. Source: The Arab Association for Human Rights, Nazareth. although Israeli courts acknowledged that Bedouin had been living in the areas they claimed, they did not recognize Bedouin tents as constituting settlements in terms of the law. Further, they defined working the land as changing it; and pastoralism was an unrecognised way of life. Later, the Negev Land Acquisition Law (1980), following the peace treaty with Egypt, facilitated a large-scale confiscation order of Bedouin lands in order to build military bases and an airport. Much of that land, however, was later turned over for use by

Jewish farmers.

Denial of traditional employment •

•

Prior to 1948, approximately 90% of the Bedouin in the Negev earned • •

• their living from agriculture and 10% from raising livestock. Today •

• 337

• 338

am, a toxic waste toxic a am, ’ Na Wadi of case the in – polluting factories or or factories polluting • •

•

of which are located next to municipal waste dumps, military zones, military dumps, waste municipal to next located are which of •

• villages, many villages, ’ unrecognised ‘

Another 70,000 Bedouins live in 46 46 in live Bedouins 70,000 Another •

•

councils and only two are able to elect their own local representatives. local own their elect to able are two only and councils •

engaging in agriculture. Five townships have government-appointed have townships Five agriculture. in engaging

ish communities, there is no provision for maintaining livestock or livestock maintaining for provision no is there communities, ish

ment opportunities. Unlike the facilities offered to neighbouring Jew- neighbouring to offered facilities the Unlike opportunities. ment

sewage systems, few paved roads, and lack any kind of local employ- local of kind any lack and roads, paved few systems, sewage

area. Listed as the poorest municipalities in Israel, they have no have they Israel, in municipalities poorest the as Listed area.

Approximately 55,000 Bedouin live in 7 townships in the Beersheva the in townships 7 in live Bedouin 55,000 Approximately

Townships and unrecognised villages unrecognised and Townships

speed up the sedentarisation process. sedentarisation the up speed

ber of deaths. In 1997, the Green Patrol was expanded to help to expanded was Patrol Green the 1997, In deaths. of ber

coercion of Bedouin farmers has led to hospitalisation and a num- a and hospitalisation to led has farmers Bedouin of coercion

demolish Bedouin tents, seize flocks and destroy crops. Physical crops. destroy and flocks seize tents, Bedouin demolish

ister of Agriculture in 1978. It mobilises for special operations to operations special for mobilises It 1978. in Agriculture of ister

paramilitary unit established by Ariel Sharon when he was Min- was he when Sharon Ariel by established unit paramilitary

Creating the Green Patrol. The Green Patrol is an environmental an is Patrol Green The Patrol. Green the Creating •

annum.

some statistics indicate as high as by 10-15% per 10-15% by as high as indicate statistics some – flocks tered

flocks which has resulted in a significant reduction of the regis- the of reduction significant a in resulted has which flocks

officials. Since the mid-70s, it has been policy to seize unregistered seize to policy been has it mid-70s, the Since officials.

responsible for any casualties and at the discretion of Ministry of discretion the at and casualties any for responsible

tary areas). Permits are issued on the condition that the state is not is state the that condition the on issued are Permits areas). tary

privately-owned land, on surrounding state lands (mostly mili- (mostly lands state surrounding on land, privately-owned

from the Ministry of Agriculture to graze their goats outside their outside goats their graze to Agriculture of Ministry the from

Goats) Law (1950) requires Bedouin shepherds to obtain a permit a obtain to shepherds Bedouin requires (1950) Law Goats)

Restricting their goat flocks. The Plant Protection (Damage by (Damage Protection Plant The flocks. goat their Restricting •

assistance is given for drought years. drought for given is assistance

given water quotas, or are charged at high domestic rates. No rates. domestic high at charged are or quotas, water given

permit any permanent cultivation. Bedouin farmers are either not either are farmers Bedouin cultivation. permanent any permit

periods, usually not the same land twice in a row, and will not will and row, a in twice land same the not usually periods,

leases, the state will only lease lands to Bedouin farmers for brief for farmers Bedouin to lands lease only will state the leases,

large areas of former Bedouin land to Jewish farmers on long-term on farmers Jewish to land Bedouin former of areas large

Restricting their access to land and water: while handing over handing while water: and land to access their Restricting •

s traditional lifestyle unworkable by: unworkable lifestyle traditional s ’ douin

Association for Human Rights, the policy in effect makes the Be- the makes effect in policy the Rights, Human for Association over 90% earn a living from wage labour. According to the Arab the to According labour. wage from living a earn 90% over incinerator. Although most of these villages existed before the establishment of the state of Israel, they became illegal as the result of the Law of Planning and Construction (1965) when the lands on which they sit were retroactively re-zoned as non-residential (i.e. agricultural) and partial ownership was claimed by the state. The villages, whose population ranges from 600 to 4,000 inhabitants, are afforded no official status: they are not on the map of Israel, they have neither local councils nor belong to other local governing bodies; they receive little or no rudimentary government services. All buildings erected are illegal and potentially targeted for demolition. It is estimated that there are currently 22,000 unrecognised houses in the Negev.

House demolitions and crop destructions

The strategy to remove the Bedouin of the unrecognised villages from their land and concentrate them in townships has, for many years, therefore consisted of house demolitions. In 1986, the Markovitz Com- mittee recommended the demolition of 6,601 existing homes and all new buildings in the Negev. Subsequent governments have maintained this policy, and an average of 100 houses are destroyed each year. From May to July 2002 alone, the Green Patrol - accompanied by policemen and soldiers - bulldozed some 50 houses in 4 different villages, and approximately 1,700 cases are currently being prosecuted in court.4 Defendants – i.e. people who have resisted the order to demolish their house - are not only fined but also have to pay the costs of the demolition, which as recommended by the Committee is double the cost of the house. 2003 has already seen tens of demolitions. In early February, a mosque in Tel al Milah was razed. This was the first incident of damage to a holy site. The mosque was the only one in this unrecognized village of 3,000 inhabitants and had been built with money collected from its residents. In March 2003, some 17 houses were demolished in different villages; in May, 11 structures were demolished. In early 2002, the government strategy took a nasty turn by introducing the poisoning of the land of the unrecognized villages. In February 2002, without any prior notice, eight airplanes from the

Israel Land Authority (ILA) sprayed toxic chemicals on the land of 10

villages, destroying approximately 12 sq. kms of crops allegedly •

5 •

planted illegally on state-owned land. In order to quell any protests •

•

from the residents, a large ground force from the Police and the Green • •

• Patrol accompanied the airplanes. The operation also targeted farm- •

• 339

• 340

reference to the practice of polygamous marriage, still practiced still marriage, polygamous of practice the to reference theme is is theme •

•

• . Another common Another . ” homes Bedouin illegal “

accelerated demolition of of demolition accelerated •

• and urging an urging and ” Negev the over take to threat Bedouin a “

ing of of ing •

•

racist news items in the Hebrew printed and electronic media warn- media electronic and printed Hebrew the in items news racist •

The preparation of this plan is being accompanied by frequent by accompanied being is plan this of preparation The

” leave. to ask will they

We will make their lives hard until hard lives their make will We “ saying, as quoted been has Alon

ment. Member of the Transfer Party Transfer the of Member ment. and Minister of Tourism, Beni Tourism, of Minister and

points to the influence of the Transfer Party in the coalition govern- coalition the in Party Transfer the of influence the to points

to patrol the desert with police in the midst of massive budget cuts budget massive of midst the in police with desert the patrol to

Bedouin development and agriculture. The allocation of massive funds massive of allocation The agriculture. and development Bedouin

ILA will go towards crop-dusting airplanes, most likely to monitor to likely most airplanes, crop-dusting towards go will ILA

police unit. Part of the 27 million ILS (US$ 6.1 million) offered to the to offered million) 6.1 (US$ ILS million 27 the of Part unit. police

authority will be expanded, and more funds for the creation of a new a of creation the for funds more and expanded, be will authority

million ILS (or some US$ 12.8 million) to the Green Patrol whose Patrol Green the to million) 12.8 US$ some (or ILS million

concentrate them into 7 recognized townships. The plan allocates 56 allocates plan The townships. recognized 7 into them concentrate

remove the indigenous Bedouin living in unrecognized villages and villages unrecognized in living Bedouin indigenous the remove

US$250 million and a 6-year timeframe for implementing a plan to plan a implementing for timeframe 6-year a and million US$250

Indeed, in early 2003, the Israeli government revealed a budget of budget a revealed government Israeli the 2003, early in Indeed,

the area. the ” Judaize “

family farms, in order to alter the demographics of the Negev and Negev the of demographics the alter to order in farms, family

and converted into some 17 Jewish neighbourhoods and 30 single- 30 and neighbourhoods Jewish 17 some into converted and

tural Bedouin land currently in use will be claimed by the government the by claimed be will use in currently land Bedouin tural

Negev Development Plan whereby residential, grazing and agricul- and grazing residential, whereby Plan Development Negev

It appears that these repressive measures are marking the onset of the of onset the marking are measures repressive these that appears It

The Sharon Plan Sharon The

lasted one hour, took place in April and destroyed around 1,500 acres. 1,500 around destroyed and April in place took hour, one lasted

Nabatean ruins (3 ruins Nabatean century BC). The third herbicide spraying, which spraying, herbicide third The BC). century

surrounding area into a National Park, due to the presence of presence the to due Park, National a into area surrounding

eviction was part of the government the of part was eviction s plan to turn the village and the and village the turn to plan s ’

been evicted from their old village and moved some 4 km away. The away. km 4 some moved and village old their from evicted been

in in front of the Knesset (the Israeli parliament) as a protest at having at protest a as parliament) Israeli (the Knesset the of front in in

of this recognition, which was conceded in 1992 after a 6-month sit- 6-month a after 1992 in conceded was which recognition, this of

village, Abda has never enjoyed the benefit the enjoyed never has Abda village, ” recognized “ a Although

children who were in the fields, and 12 people had to be hospitalised. be to had people 12 and fields, the in were who children

sprayed. Again, the toxic chemicals also fell on elderly people and people elderly on fell also chemicals toxic the Again, sprayed.

when some 500 acres of crops belonging to the residents of Abda were Abda of residents the to belonging crops of acres 500 some when

events have also occurred this year (2003). The first was in March, in was first The (2003). year this occurred also have events ers who were in their fields during the act, and a school. Two similar Two school. a and act, the during fields their in were who ers by some Bedouin communities, and which is declared to be “a demographic danger” or “time bomb”.

Resisting the Plan

The Bedouin leaders and their main lobby organization, the Regional Council for the Palestinian Bedouin of the Unrecognized Villages,7 have characterized the plan, which has never been discussed with any of the population or their representatives, “as a declaration of war on the Bedouin community of the unrecognised villages.” They are supported by a coalition of 30 NGOs – many of them Jewish Israeli NGOs –who are working with different kinds of support projects in the unrecognised villages of the Negev. They have organized several protest demonstrations and are fighting this Development Plan with ferocity but agree that it is becoming increasingly clear that the effi- cacy of protesting against the Israeli establishment today is extremely limited. There is a great need for international support. ❑

Notes and references

1 The Arab minority within Israel numbers 1.2 million and represents 19% of Israel’s total population (Israel’s Central Bureau of Statistics; www.cbsgov.il). 2 Approx. 700 hectares (4.5 dunams = 0.4 hectare). Unlike the rest of mandatory Palestine, no formal registration process of Negev lands was undertaken during the mandate period. 3 This is a rough estimate. Much lower figures (240,000 dunams) are given by the Arab Association for Human Rights. 4 These figures do not include those houses demolished by the owners themselves after having been served with an administrative order to do so. 5 See also Washington Post Foreign Service, 20 March 2002. Daniel Williams: “Another Arab population group grows angry at Israel”. www.washingtonpost.com. 6 The Transfer Party (Moledet or “homeland” in Hebrew) embraces the idea of population transfer as an integral part of a comprehensive plan to achieve real peace between the Jews and the Arabs living in the land of Israel. 7 The Regional Council of the Bedouin Palestinian Unrecognized Villages

in the Negev was established in 1997 as a community movement (grass

roots representation) for Palestinian Bedouin equality in the Negev. •

•

The Arab Association for Human Rights: www.arabhra.org. •

•

The Regional Council of Unrecognized Villages in the Negev (RCUV): • •

• 341 • 342 • • • • • •

•

The Association of the Forty: www.assoc.40.org Forty: the of Association The

The Legal Center for Arab Minority Rights in Israel: www.adalah.org Israel: in Rights Minority Arab for Center Legal The

ewr ultnadhv est:www.bustanlshalom.org website: a have and bulletin network

Shalom, a grass roots human rights organisation. They publish a publish They organisation. rights human roots grass a Shalom, ’ L Bustan www.arabhra.org/rcuv

•

NORTH AND WEST AFRICA • • •

• 343 • 344 • • • •

•

body for human rights. human for body •

•

General of the Consultative Council for Human Rights, the official the Rights, Human for Council Consultative the of General •

cember 2002, one former political detainee was appointed Secretary- appointed was detainee political former one 2002, cember

arbitrarily over the past 40 years are receiving compensation. In De- In compensation. receiving are years 40 past the over arbitrarily

opening the path to a wide category of youth; and detainees arrested detainees and youth; of category wide a to path the opening

were not rigged; the voting age was lowered from 20 to 18 thus 18 to 20 from lowered was age voting the rigged; not were

ing 2002. The results of the legislative elections on 27 September 27 on elections legislative the of results The 2002. ing

n Morocco, some progress towards more democracy was made dur- made was democracy more towards progress some Morocco, n

MOROCCO

being detained. being

resting a great number of activists, about forty of whom are still are whom of forty about activists, of number great a resting

demands of the protesters, the Algerian regime responded by ar- by responded regime Algerian the protesters, the of demands

organized but instead of fostering dialogue and listening to the to listening and dialogue fostering of instead but organized

Amazigh Movement. Peaceful demonstrations and strikes were strikes and demonstrations Peaceful Movement. Amazigh

of the Algerian regime to initiate a serious dialogue with the with dialogue serious a initiate to regime Algerian the of

ventions. During 2002, the situation deteriorated due to the refusal the to due deteriorated situation the 2002, During ventions.

regime violates these stated principles and all international con- international all and principles stated these violates regime

tion of the Amazigh language. Yet the actual policy adopted by this by adopted policy actual the Yet language. Amazigh the of tion

the High Commission for Amazigh and the constitutional recogni- constitutional the and Amazigh for Commission High the

introduced some positive measures such as the establishment of establishment the as such measures positive some introduced

the military regime has, over the past few years, few past the over has, regime military the In Algeria,

culture and Amazigh rights. Amazigh and culture

tent, prohibiting the founding of associations defending the Amazigh the defending associations of founding the prohibiting tent,

thus still repressing indigenous peoples and they are, to a large ex- large a to are, they and peoples indigenous repressing still thus

the governments are governments the and , In Mauritania, Mauritania, Egypt Libya Tunisia,

vary greatly from one country to another. to country one from greatly vary

tion). However, the situation of the indigenous Amazigh continued to continued Amazigh indigenous the of situation the However, tion).

people with all its dimensions (as an identity, language and civiliza- and language identity, an (as dimensions its all with people

continued its struggle for constitutional recognition of the Amazigh the of recognition constitutional for struggle its continued

which is the movement of indigenous peoples in North Africa, North in peoples indigenous of movement the is which

uring 2002 and early 2003, the Amazigh cultural movement, cultural Amazigh the 2003, early and 2002 uring THE AMAZIGH PEOPLE AMAZIGH THE 5 3 6 4 2 1 s

•

Atlas • ’ •

6. Tuareg Source: L Main Amazigh and Tuareg regions 1. Amazigh 2. Rif region 3. Kabylia 4. Mzab 5. Aur du Monde Diplomatique, 2002 •

• •

• 345

• 346 structure and suffering from bad living conditions. Illiteracy rates Illiteracy conditions. living bad from suffering and structure • •

• suffer from the same conditions as Imilchil, lacking necessary infra- necessary lacking Imilchil, as conditions same the from suffer •

•

before the court in Errachidia. Many Amazigh mountainous regions mountainous Amazigh Many Errachidia. in court the before •

•

and twenty-one protesters were arrested, four of whom were brought were whom of four arrested, were protesters twenty-one and •

its promises, the entire region was surrounded by all kinds of forces of kinds all by surrounded was region entire the promises, its

t Haddou. In fact, instead of initiating dialogue and fulfilling and dialogue initiating of instead fact, In Haddou. t ï A of

schools and provide water, electricity and medical care to the tribes the to care medical and electricity water, provide and schools

unfulfilled promises of the Moroccan government to build roads and roads build to government Moroccan the of promises unfulfilled

On March 6-7, 2003, the population of Imilchil protested against the against protested Imilchil of population the 2003, 6-7, March On

Arrests in Imilchil in Arrests

cans.

main excluded, although they are spoken by a majority of Moroc- of majority a by spoken are they although excluded, main

istration whereby the Amazigh language and its three dialects re- dialects three its and language Amazigh the whereby istration

prevails, notably in the fields of education, mass media and admin- and media mass education, of fields the in notably prevails,

cial bodies in Morocco, a policy of integration and assimilation still assimilation and integration of policy a Morocco, in bodies cial

Despite the change in the official discourse coming from the offi- the from coming discourse official the in change the Despite

Movement in North Africa. North in Movement

mes, which are considered as the harbingers of a rise in the Amazigh the in rise a of harbingers the as considered are which mes,

former Minister of the Interior, and refusing to register Amazigh na- Amazigh register to refusing and Interior, the of Minister former

civil registry offices are still following the departmental note from the from note departmental the following still are offices registry civil

had been prohibited for the last decade. However, in many regions the regions many in However, decade. last the for prohibited been had

changed to allow the registration of Amazigh names, something that something names, Amazigh of registration the allow to changed

Another positive element is that the civil registry system has been has system registry civil the that is element positive Another

constitutional body in Morocco. in body constitutional

be submitted to the King for ratification, as the King is the supreme the is King the as ratification, for King the to submitted be

Institute will be taken by a 2/3 majority and its recommendations will recommendations its and majority 2/3 a by taken be will Institute

the way to dialogue at a higher level. The decisions of the Royal the of decisions The level. higher a at dialogue to way the

viduals supporting this movement. For the first time, this has paved has this time, first the For movement. this supporting viduals

and the rest activists belonging to the Amazigh Movement or indi- or Movement Amazigh the to belonging activists rest the and

whom are government representatives (ministries and universities) and (ministries representatives government are whom

2002. This administrative council comprises 32 members, seven of seven members, 32 comprises council administrative This 2002.

administrative council of this Institute was held at the end of July of end the at held was Institute this of council administrative

see see ), the first meeting of the of meeting first the ), The Indigenous World 2001-2002 World Indigenous The ( Culture

Royal Decree ordering the foundation of the the of foundation the ordering Decree Royal Royal Institute for Amazigh for Institute Royal

Mohammed VI in Agadir in October 2001, and the promulgation of the of promulgation the and 2001, October in Agadir in VI Mohammed

all of its dimensions in the address delivered by His Majesty King Majesty His by delivered address the in dimensions its of all

After the royal and collective recognition of the Amazigh identity in identity Amazigh the of recognition collective and royal the After Struggle for recognition and rights and recognition for Struggle for women are over 90%. Among the protesters were many jobless graduates belonging to Aït Haddou tribes. Most of the youth and men fled in order to escape arrest, leaving the women and children at home. The authorities did not initiate any dialogue with these protesters.

Dialogue with the Minister for Human Rights

As government institutions did not comply with the demands of the Amazigh cultural associations, the Tamaynout Association sent a note to the Prime Minister, the Minister of Justice, the Minister of the Interior and the Minister of Communications on December 31 2002. In this note, it called for the abolition of all forms of discrimination against the Amazigh people prior to Morocco’s presentation of its reports on the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) and the Convention of the Rights of the Child (CRC) in March 2003. For the first time, three representatives of the Tamaynout Associa- tion held talks with the Minister for Human Rights and discussed the need to abolish all forms of discrimination against the Amazigh people in Morocco. These discussions were fruitful as the Minister for Human Rights undertook to implement urgent measures based on the aforesaid note and on principles of human rights.

Morocco and Tunisia before the CERD Committee

Morocco and Tunisia are to present their periodic reports on the implementation of the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) to the CERD committee. In this connection, several Amazigh associations, together with the In- ternational Federation of Human Rights, presented unofficial reports and provided important information to experts investigating the rights of indigenous peoples in Africa. In this context, the Moroccan and Tunisian governments had to answer a series of questions concerning discrimination against the

Amazigh people. This is the first time that countries from North

Africa are due to appear before the CERD since publication of the •

•

Durban Declaration (from the UN World Conference Against Rac- •

•

ism, Racial Discrimination, Xenophobia and Related Intolerance), • •

• which abolishes racial discrimination. •

• 347

• 348 Europe, Canada and the United States of America. of States United the and Canada Europe, • •

• among Amazigh immigrants in exile all over the world, especially in especially world, the over all exile in immigrants Amazigh among •

•

collectively in North Africa, particularly in Morocco and Algeria, and Algeria, and Morocco in particularly Africa, North in collectively •

•

of the year 2953 according to the Amazigh calendar, were celebrated were calendar, Amazigh the to according 2953 year the of •

year 2952, and 13 January 2003, which corresponds to the beginning the to corresponds which 2003, January 13 and 2952, year

Thus, 13 January 2002, which corresponds to the beginning of the of beginning the to corresponds which 2002, January 13 Thus,

increasingly become a collective event in all regions of North Africa. North of regions all in event collective a become increasingly

within families. Today, and thanks to the Amazigh Movement, it has it Movement, Amazigh the to thanks and Today, families. within

For many years, Amazigh New Year was celebrated almost secretly almost celebrated was Year New Amazigh years, many For

Amazigh New Year New Amazigh

demand the withdrawal of these reservations. these of withdrawal the demand

s movement is likely to likely is movement s ’ women The Women. Against crimination

following its ratification of the Convention Against All Forms of Dis- of Forms All Against Convention the of ratification its following

move forward due to the many reservations expressed by Morocco by expressed reservations many the to due forward move

the committee. Apparently, the work of this committee will not now not will committee this of work the Apparently, committee. the

ment of a former conservative and right-wing minister as president of president as minister right-wing and conservative former a of ment

greements among the members of this committee led to the appoint- the to led committee this of members the among greements

were organized on March 8, 2002 and 2003. However, intense disa- intense However, 2003. and 2002 8, March on organized were

with revising the Civil Status Law. In this connection, protest marches protest connection, this In Law. Status Civil the revising with

and women in Morocco resulted in the creation of a committee charged committee a of creation the in resulted Morocco in women and

s movement for equal rights between men between rights equal for movement s ’ women the of struggle The

The struggle of the women the of struggle The s movement s ’

language can only be used to improve the learning of classical Arabic. classical of learning the improve to used be only can language

Amazigh language when it states in paragraph 110 that the Amazigh the that 110 paragraph in states it when language Amazigh

which establishes discrimination against the against discrimination establishes which Education and Teaching, and Education

licy of discrimination is apparent in the report, through the the through report, the in apparent is discrimination of licy Pact on Pact

in schools and in all documentary systems. However, the po- the However, systems. documentary all in and schools in finagh

rehabilitate and use the original Amazigh characters known as as known characters Amazigh original the use and rehabilitate Ti-

zigh Culture and the decision of His Majesty King Mohammed VI to VI Mohammed King Majesty His of decision the and Culture zigh

tive events, including the foundation of the Royal Institute for Ama- for Institute Royal the of foundation the including events, tive

Obviously, the report presented by Morocco referred to recent posi- recent to referred Morocco by presented report the Obviously,

was a policy of integration and assimilation. and integration of policy a was

that had been adopted and implemented right up to the end of 2002 of end the to up right implemented and adopted been had that

that, in spite of adherence to the CERD Convention, the actual policy actual the Convention, CERD the to adherence of spite in that,

ficial reports of the non-governmental organisations, it can be said be can it organisations, non-governmental the of reports ficial From the official reports of the two governments and from the unof- the from and governments two the of reports official the From In order to enable all categories of society to take part in these celebrations, the Amazigh cultural movement has called for Amazigh New Year to be officially celebrated as a National Day in order to revive all forms of ancient Amazigh celebrations in North Africa.

International prize awarded by Holland

During 2002, Amazigh culture was honoured by Prince Claus of Holland, who awarded the highly acclaimed international Prize for Culture and Development to the Amazigh researcher and Dean of the Royal Institute for Amazigh Culture, Mr. Mohamed CHAFIK. This event was considered by many international observers as the start of a process of recognition of the Amazigh language. In addition to its symbolic importance, this prize has a communicative dimension. Amazigh immigrants form one of the major minority groups in Holland and they have founded Amazigh cultural associations to fight for recognition of the Amazigh language. They have advocated that Ama- zigh should be taught in Dutch schools for Amazigh immigrants, who participate actively in the development of the Dutch economy.

Conclusion

The past year witnessed a number of positive measures in Morocco as well as a number of violations of human and indigenous rights. It also witnessed a clear rise in the struggle of the Amazigh movement, particularly in Algeria. with an escalation of repression. The common denominator in North Africa continues to be integration and assimilation policies in the fields of education, mass media and administration. Moreover, the provisions of international conventions related to basic freedoms and human rights have not thus far been put into effect, and the action plan annexed to the Durban Declaration aimed at abolishing

racial discrimination fell on deaf ears in North Africa as a whole. ❑

•

• •

• 349

• 350 ern Niger and northern Mali, southern Algeria and southern Mauri- southern and Algeria southern Mali, northern and Niger ern • •

•

longitude from the Sudan, through southern Libya and Chad, north- Chad, and Libya southern through Sudan, the from longitude •

• now stretches across almost forty degrees of degrees forty almost across stretches now ’ insecurity of zone ‘

A A •

•

cluded by the prevailing insecurity throughout the region. the throughout insecurity prevailing the by cluded •

opment of both northern Mali and northern Niger, is effectively pre- effectively is Niger, northern and Mali northern both of opment

assessment, along with the future redevel- future the with along assessment, ’ follow-up ‘ such any that

programme. The second and most serious issue, however, is the fact the is however, issue, serious most and second The programme.

of and longer term problems emanating from its returnee assistance returnee its from emanating problems term longer and of

apart from local needs, the UNHCR needs to know the shortcomings the know to needs UNHCR the needs, local from apart

solved and are perceived to have been resolved. Moreover, and quite and Moreover, resolved. been have to perceived are and solved

grievances and the fundamental causes of the revolts have been re- been have revolts the of causes fundamental the and grievances

refugee resettlement programme, especially the extent to which initial which to extent the especially programme, resettlement refugee

remain. The first is the need to undertake a full evaluation of the of evaluation full a undertake to need the is first The remain.

In spite of such positive indicators, two potentially problematic issues problematic potentially two indicators, positive such of spite In

Tuareg regions threatened by insecurity by threatened regions Tuareg

of the Ahaggar region of southern Algeria. southern of region Ahaggar the of ’ tribe ‘

regarded Mayor, a woman who originates from the Tuareg Tegehe-n-Efis Tuareg the from originates who woman a Mayor, regarded

Agadez, the regional capital, is currently being ably served by a highly a by served ably being currently is capital, regional the Agadez,

currently being constructed with the assistance of international aid. international of assistance the with constructed being currently

pastoral base should be made more secure through the series of barrages of series the through secure more made be should base pastoral

assessed as numbering as many as 10,000 camels. The region The camels. 10,000 as many as numbering as assessed s agro- s ’

cattle). The winter (2002-2003) salt caravans to Bilma are provisionally are Bilma to caravans salt (2002-2003) winter The cattle).

quality, as too is the state of livestock (goats, sheep, camels and a few a and camels sheep, (goats, livestock of state the is too as quality,

Bargot, Tabelot, Abardokh, In Tedeini, etc., is of an increasingly high increasingly an of is etc., Tedeini, In Abardokh, Tabelot, Bargot,

especially in the traditional gardening regions of Timia, Iferouane, Oued Iferouane, Timia, of regions gardening traditional the in especially

(2002) rains, has a renewed air of prosperity. Agricultural production, Agricultural prosperity. of air renewed a has rains, (2002)

services. The region, especially in the wake of the excellent late summer late excellent the of wake the in especially region, The services.

now seemingly well integrated into the local security and government and security local the into integrated well seemingly now

as having achieved a high level of regional autonomy, with former rebels former with autonomy, regional of level high a achieved having as

redoubt of the Tuareg rebellion led by Mano Dayak, can now be regarded be now can Dayak, Mano by led rebellion Tuareg the of redoubt

ued to make good progress. The A The progress. good make to ued r (est. pop. 200,000) in particular, the particular, in 200,000) pop. (est. r ï

countries in the 1990s (see (see 1990s the in countries ), have contin- have ),

The Indigenous World 2001-2002 World Indigenous The

gees in both Niger and Mali, following the Tuareg revolts in both in revolts Tuareg the following Mali, and Niger both in gees

fforts to accommodate former Tuareg rebels and returning refu- returning and rebels Tuareg former accommodate to fforts

Positive indicators Positive THE TUAREG PEOPLE TUAREG THE tania to the Senegal valley area. Until recently, insecurity in this zone was associated with the Toubou/Teda rebellions in Chad and north- eastern Niger and the Tuareg revolts in Niger and Mali. With the exception of Chad, this is no longer the case. As was described in last year’s issue, various forms of “banditry” have become increasingly prevalent in these regions over the last 4-5 years. The causes of this “banditry” are multiple and complex and partly self-perpetuating to the extent that, as the state and international organisations withdraw from these areas in the face of such insecurity so these regions become increasingly more attractive to outlaw elements. Much of this insecurity is attributed to trans-Saharan smuggling, of which there is a long history, particularly between the richer northern countries of Algeria and Libya and the poorer countries of the Sahel. However, in the space that opened up in the wake of the Tuareg revolts in Niger and Mali, new outlaw elements have taken root in these regions.

Warlords, bandits and smugglers

The most notorious of these outlaws is probably Mokhtar ben Mokh- tar, whose establishment in the region and main activities were described in last year’s issue. Reports of his death or capture are peren- nial. The latest report of his arrest at Adrar in southern Algeria in March 2003 was denounced by Mohammed Jai, chief of police in El Golea (Algeria), as unfounded and simply a rumour. “Banditry” is an oversimplification of what is becoming an increasingly complex situation. In addition to the “war-lord” syndrome established in the western end of this region by Mokhtar ben Mokhtar, there are a range of other “illegal” activities that all add to the region’s insecurity. These include an unspecified number of “copycat” elements, some of whom are clearly nothing more than simple criminals, often ishumar or former rebels, who have taken to raiding trans-Saharan traffic – usually tourists. A small number of these people, such as Aboubacar Alambo (various spellings), a former Tuareg rebel who was incorporated into the Niger army before undertaking a series of “hijacks” in 2002, including an attack on local security forces in Aïr in July 2002 in which three policemen were killed, are well known to the authori-

ties. According to the authorities, Alambo and his ten accomplices

have been captured. According to local people, they are still at large. •

•

A number of attacks, usually denied by the authorities, such as the •

•

hijack of four vehicles carrying French tourists near Chirfa (Djado • •

• region of north-east Niger) in November 2002, in which the women •

• 351

• 352 deed, it is now regarded as extremely dangerous to travel anywhere in anywhere travel to dangerous extremely as regarded now is it deed, •

•

• s northern territories. In- territories. northern s ’ perceived to extend over much of the Tuareg the of much over extend to perceived •

•

verified, their mere existence is an indication of the level of insecurity now insecurity of level the of indication an is existence mere their verified, •

•

Qaeda activities! Although rumours such as this will probably never be never probably will this as such rumours Although activities! Qaeda •

two helicopters while allegedly setting up a military base to counter Al- counter to base military a up setting allegedly while helicopters two

Timbuktu and had got lost for ten days in the desert with twenty men and men twenty with desert the in days ten for lost got had and Timbuktu

in December 2002 that the American Ambassador had recently been in been recently had Ambassador American the that 2002 December in

This has given rise to much local hearsay. For instance, it was rumoured was it instance, For hearsay. local much to rise given has This

people to give further credence to an Al-Qaeda presence in the region. the in presence Al-Qaeda an to credence further give to people

by Islamic fundamentalists of Pakistani origin is thought by many local many by thought is origin Pakistani of fundamentalists Islamic by

of many of the mosques in northern Mali since September 1,1 2001 1,1 September since Mali northern in mosques the of many of ” tion

Algiers sources, the GSPC is affiliated to Al-Qaeda. The alleged alleged The Al-Qaeda. to affiliated is GSPC the sources, Algiers infiltra- “

which 43 soldiers were killed and 19 wounded. According to official to According wounded. 19 and killed were soldiers 43 which

El-Abed, in the Aures mountains south of Batna on January 4, 2003, in 2003, 4, January on Batna of south mountains Aures the in El-Abed,

GSPC was held responsible for the ambush of a military convoy at Teniet at convoy military a of ambush the for responsible held was GSPC

- GSPC). Among its many attacks on the Algerian state, the state, Algerian the on attacks many its Among GSPC). - et le combat combat le et

the Salafist Group for Call and Combat ( Combat and Call for Group Salafist the dication é pr la pour salafiste Groupe

Hattab, who broke recently from the Armed Islamic Group (GIA) to form to (GIA) Group Islamic Armed the from recently broke who Hattab,

ple, is believed to have been associated for some time with Hassan with time some for associated been have to believed is ple,

groups in northern Algeria. Mokhtar ben Mokhtar, for exam- for Mokhtar, ben Mokhtar Algeria. northern in groups ” terrorist “

are believed to have links with armed Islamic armed with links have to believed are ” bandits “ these of Many

rumours ” Terrorist “

government elements in Niger, Mali and Algeria are complicit in it. in complicit are Algeria and Mali Niger, in elements government

of this contraband trade, there is now clear evidence to suggest that suggest to evidence clear now is there trade, contraband this of

rette companies must be held ultimately responsible for the huge scale huge the for responsible ultimately held be must companies rette

African markets and on into Europe. While the major international ciga- international major the While Europe. into on and markets African

region into Mali and Niger and then across Algeria to the large North large the to Algeria across then and Niger and Mali into region

area, the cigarette trade runs more or less south-north, from the Benin the from south-north, less or more runs trade cigarette the area,

in the vehicle-arms trade is southern Mauritania and the Senegal valley Senegal the and Mauritania southern is trade vehicle-arms the in

that spreads over much of the Sahara. While one of the key focal points focal key the of one While Sahara. the of much over spreads that

Mokhtar ben Mokhtar and a complex network of agents and alliances and agents of network complex a and Mokhtar ben Mokhtar

4WDs), which now seems to be in the hands of a few war-lords such as such war-lords few a of hands the in be to seems now which 4WDs),

professional smuggling of cigarettes, arms and stolen vehicles (mostly vehicles stolen and arms cigarettes, of smuggling professional

More serious for the long-term security and stability of the region is the is region the of stability and security long-term the for serious More

of a new Tuareg revolt. Tuareg new a of

three policemen immediately sparked rumours of the commencement the of rumours sparked immediately policemen three

in this extensive region. It is significant that Alambo that significant is It region. extensive this in s killing of the of killing s ’

the work of Alambo or one of a number of such such of number a of one or Alambo of work the operating ” bandits “ were raped, the men beaten up and the vehicles stolen, may have been have may stolen, vehicles the and up beaten men the raped, were the vast sector from southeast Mauritania, through northern Mali above a line drawn roughly from north of Timbuktu to Kidal and down to Manaka and including most of the Azaouagh valley in both Mali and Niger. In 2002, local authorities in Gao put the chances of driving from there to the Algerian frontier at either Timaouine or Tin Zaouatene without being hijacked by “bandits” at 50-50. In Niger, vehicles have been attacked on an intermittent basis right across the north of the country from Tamesna in the north-west, through northern Aïr and the Tenere to the Djado-Mangeni region in the north-east. Until the state can reassert itself in these vast “border” regions, it is unlikely that their scant populations will see the benefits of any major development initiatives.

The situation in Algeria

While the problems for Tuareg south of the Algerian frontier are currently more closely associated with the state’s inability to establish it presence in the face of the insecurity described above, the main problem for Algerian Tuareg in 2002 came from what they perceived as the state’s attempt to “sabotage” the political stability and economic development of the south. The Tuareg of Algeria (est. pop. 30,000) are small in number compared with those in Niger, Mali and Burkina Faso. However, their territory extends over an area the size of France, and in a country whose economy and infrastructure are substantially more developed than its southern neighbours. Algerian Tuareg territory falls within the two administrative regions (wilaya) of Tamanrasset (est. pop. 220,000) and Illizi (est. pop. 36,000). Public demonstrations against the government’s representative (wali) in Illizi in the summer of 2001 led to his replacement. By 2002, the Tuareg in the Tamanrasset wilaya had experienced three years of what they perceived as ineffective and incompetent government by the wali. Behind the accusation of “sabotage” that they levelled at the government in a letter to the Prime Minister and relevant Ministers in November 2002 was the belief that the state had not only done nothing during these three years to help the Tuareg in developing what they regard as “their industry”, namely

tourism, but had been actively impeding its development.

Sabotaging the tourist industry? •

•

The bizarre events that led Tuareg to accuse the government of sabo- • •

• tage came to a head in October 2002. For the three preceding tourist •

• 353

• 354 ment tried to create the impression of an Islamic fundamentalist at- fundamentalist Islamic an of impression the create to tried ment • •

• It will probably never be known why elements in the Algerian govern- Algerian the in elements why known be never probably will It • •

•

Improving Tuareg-government relations Tuareg-government Improving •

the south by imposing lengthy delays on the issuance of tourist visas. tourist of issuance the on delays lengthy imposing by south the

from the south and effectively stemmed the inflow of Europeans Europeans of inflow the stemmed effectively and south the from from

fused visa applications to Niger citizens wishing to enter the region the enter to wishing citizens Niger to applications visa fused

At the same time, the authorities, without any explanation, re- explanation, any without authorities, the time, same the At

manrasset.

strategic reserves and that other supply trucks were reaching Ta- reaching were trucks supply other that and reserves strategic

precious business and in the knowledge that the town held massive held town the that knowledge the in and business precious

local) drivers who were forced to wait days for fuel while losing while fuel for days wait to forced were who drivers local)

fuel stations of Tamanrasset were surrounded by angry (mostly angry by surrounded were Tamanrasset of stations fuel

restricted by flood damage to the road. For several weeks, the two the weeks, several For road. the to damage flood by restricted

highly questionable pretext that fuel supplies from the north were north the from supplies fuel that pretext questionable highly

rationing on local people, notably Tuareg tourist agencies, on the on agencies, tourist Tuareg notably people, local on rationing

s imposition of further fuel further of imposition s ’ wali the was incident second The

authorities!

by the Algerian the by ” job up put “ a as incident the reported media tional

ders to release their captives. No arrests were made. The interna- The made. were arrests No captives. their release to ders

However, according to local hearsay, the gendarmerie received or- received gendarmerie the hearsay, local to according However,

ghour, more than half way to Mali, where they were apprehended. were they where Mali, to way half than more ghour,

with the hijackers being tracked by the gendarmerie to Tin Gher- Tin to gendarmerie the by tracked being hijackers the with

from Switzerland. The hostages were eventually released or escaped or released eventually were hostages The Switzerland. from

who learnt about the hijacking through Internet communications Internet through hijacking the about learnt who

sible parties, notably local (predominantly Tuareg) travel agencies travel Tuareg) (predominantly local notably parties, sible

was issued by any government office to any of the respon- the of any to office government any by issued was é muniqu

Islamic fundamentalists. In spite of local rumours, no official com- official no rumours, local of spite In fundamentalists. Islamic

Arak, were hijacked and taken hostage by a group claiming to be to claiming group a by hostage taken and hijacked were Arak,

Algerians who, while waiting for the road to become passable at passable become to road the for waiting while who, Algerians

The first involved a group of 4 Swiss tourists, accompanied by 17 by accompanied tourists, Swiss 4 of group a involved first The

main north-south road at Arak, leading to two strange incidents. strange two to leading Arak, at road north-south main

over much of the central Sahara in early October. These rains cut the cut rains These October. early in Sahara central the of much over

continued intermittently into the early autumn with massive rains massive with autumn early the into intermittently continued

obstacle after another in their way. In 2002, good summer rains had rains summer good 2002, In way. their in another after obstacle

their industry their “ . Indeed, he had been putting one administrative one putting been had he Indeed, . ”

had been impeding rather than assisting their attempts to re-establish to attempts their assisting than rather impeding been had

that the government government the that especially through the personage of the wali - wali the of personage the through especially –

ism in 1999-2000, local Tuareg tourist agencies felt, quite correctly, quite felt, agencies tourist Tuareg local 1999-2000, in ism

seasons, following the effective re-opening of Algeria of re-opening effective the following seasons, s south to tour- to south s ’ tack on foreign tourists at the same time as restricting local fuel supplies and effectively closing the southern frontier. Those Tuareg who were aware of these strange actions believed that it was an attempt by “hard-core” elements within the government to provoke them into reacting in order to justify an even greater military presence in the south of the country. Others saw the moves as an expression of resentment against the Tuareg on the part of certain government elements in the north of the country for their being the only people in the country in a position to develop tourism successfully. The reaction of the Tuareg was one of “no reaction”! Believing that elements within the government were wanting them to “revolt”, they did just the opposite. Instead, on 1 November 2002, the Association of Travel and Tourist Agencies of Tamanrasset (Association des Agences de Voyages et de Tourisme de la Wilaya de Tamanrasset) sent a four-page letter to the Prime Minister, with copies to the Ministers of the Interior, Tourism, Transport and Energy, listing examples of how the government had been damaging local tourism interests, accusing the government of sabotage and reminding it that the consequence of bad government in the bordering countries of Niger and Mali had been rebellion. The Prime Minister’s office responded by sending a senior director of Sonatrach (the national oil company) to Tamanrasset to inform the wali that Sonatrach was a commercial company and none of the wali’s business. Fuel restrictions were lifted immediately. Four months later (March 2003), the wali of Illizi organised a Programme of Conferences on Tourism in the Tassili and Ahaggar (Programme de Journées d’études sur le tourisme dans Le Tassili et L’Ahag- gar) in Djanet. This 3-day event is likely to become a milestone in both the immediate development of southern Algeria and Tuareg-government relations. The outcome of the Programme was extraordinary in that there was unanimous agreement from all delegates on measures to protect both the future of tourism, the environment and the region’s patrimony – three issues of major concern to the Tuareg. The political significance of the event was threefold:

1. The only representatives of the Tamanrasset wilaya to accept the invitation were two Tuareg: the President of the National Union of the Associations of Travel and Tourist Agencies (Union Na-

tionale des Associations des Agences de Tourisme et de Voyages) and a

member of the Association of Travel and Tourist Agencies of Ta- •

•

manrasset. Government representation in the personages of the •

•

wali, Director of the Hoggar (Ahaggar) National Park and the • •

• Director of Tourism, was noticeable by its absence. This abdication •

• 355 • 356 • •

•

” government. the in man only the “

as as •

•

1 Many local Tuareg now speak jokingly but respectfully of Mme Toumi Mme of respectfully but jokingly speak now Tuareg local Many 1 •

•

Note

assumed to be around 12,000, is now put at 90,000! at put now is 12,000, around be to assumed ❑

exercise is that the head count of camels in Ahaggar, which was which Ahaggar, in camels of count head the that is exercise

a cash payment of Dinars 20,000 (approx. £200). One outcome of this of outcome One £200). (approx. 20,000 Dinars of payment cash a

owners of each female camel that has produced offspring has received has offspring produced has that camel female each of owners

overcoming the many administrative and veterinary difficulties, the difficulties, veterinary and administrative many the overcoming

stocks in the Sahara. Amongst the Algerian Tuareg, for example, after example, for Tuareg, Algerian the Amongst Sahara. the in stocks

of money made by the Saudi Arabian government to strengthen camel strengthen to government Arabian Saudi the by made money of

out the Sahara now appears to be benefiting substantially from the gift the from substantially benefiting be to appears now Sahara the out

A final comment worth noting is that the nomadic community through- community nomadic the that is noting worth comment final A

More camels to the Sahara the to camels More

ganisations to Madame Khalida Toumi and now await their arrest. their await now and Toumi Khalida Madame to ganisations

of their patrimony, have submitted full details of these criminal or- criminal these of details full submitted have patrimony, their of

for commercial purposes. Tuareg, who regard these artefacts as part as artefacts these regard who Tuareg, purposes. commercial for

looting huge quantities of archaeological antiquities from the Sahara the from antiquities archaeological of quantities huge looting

Sahara, is that several groups of Europeans, mostly Germans, are Germans, mostly Europeans, of groups several that is Sahara,

reg of Algeria, along with people in almost all other parts of the of parts other all almost in people with along Algeria, of reg

tumn. Nevertheless, one disturbing situation currently facing the Tua- the facing currently situation disturbing one Nevertheless, tumn.

ment relations in the wake of the bizarre events of the previous au- previous the of events bizarre the of wake the in relations ment

In short, the Programme went a long way to improve Tuareg-govern- improve to way long a went Programme the short, In

personage of the Minister, Madame Khalida Toumi. Khalida Madame Minister, the of personage

in central government in the in government central in ” champion “ a have do they that

bution from the Minister of Tourism) has led local Tuareg to realise to Tuareg local led has Tourism) of Minister the from bution

munication (compared with the noticeable absence of any contri- any of absence noticeable the with (compared munication

3. The impressive contribution of the Ministry of Culture and Com- and Culture of Ministry the of contribution impressive The 3.

fuel the demand for the replacement of the Tamanrasset wali. Tamanrasset the of replacement the for demand the fuel

istrators of the highest calibre to the region, an act that will merely will that act an region, the to calibre highest the of istrators

to the Tuareg that the government was prepared to appoint admin- appoint to prepared was government the that Tuareg the to

2. The performance of the newly appointed wali at Illizi demonstrated Illizi at wali appointed newly the of performance The 2.

representation in Tamanrasset is now seen as inevitable. as seen now is Tamanrasset in representation

accusations of of accusations ) is such that a shake-up in government in shake-up a that such is ) ” sabotage “ of responsibility on the part of the Tamanrasset wali (following the (following wali Tamanrasset the of part the on responsibility of

HORN OF AFRICA

•

AND •

•

EAST AFRICA • • •

• 357

• 358 describe pastoralists. Their culture and way of life has been looked been has life of way and culture Their pastoralists. describe • •

•

ric - literally meaning uncultured and unruly - has been used to used been has - unruly and uncultured meaning literally - ric •

• s official language Amha- language official s ’ Ethiopia in word the fact, In barbaric.

zelan •

•

Pastoralists have been considered as uncultured, uncivilized and uncivilized uncultured, as considered been have Pastoralists •

the economic marginalization. economic the

of political marginalization while the political in turn turn in political the while marginalization political of ” rationalizes “

the other. Cultural stereotypes serve to advance the irrational policy irrational the advance to serve stereotypes Cultural other. the

and economic inequality. One aspect of marginalization reinforces marginalization of aspect One inequality. economic and

marginalization characterized by social, ethnic, religious, political religious, ethnic, social, by characterized marginalization

pia, pastoralist communities have been subjected to various forms of forms various to subjected been have communities pastoralist pia,

a century now, since a centralized autocracy was established in Ethio- in established was autocracy centralized a since now, century a

economic and social marginalization and subjugation. For more than more For subjugation. and marginalization social and economic

Ethiopian pastoralists are subjected to the worst forms of political, of forms worst the to subjected are pastoralists Ethiopian

Despite the rich natural resources with which they are endowed, are they which with resources natural rich the Despite

Marginalization

Awash and Omo, are located in pastoralist areas. pastoralist in located are Omo, and Awash

also endowed with wildlife and the two largest national parks, national largest two the and wildlife with endowed also

regions, providing sufficient water and pasture. These regions are regions These pasture. and water sufficient providing regions,

energy such as gas and geo-thermal energy. Wide rivers cross these cross rivers Wide energy. geo-thermal and gas as such energy

resources such as surface and ground waters, minerals, fisheries and fisheries minerals, waters, ground and surface as such resources

with the largest livestock population in Africa and other natural other and Africa in population livestock largest the with

The regions inhabited by pastoralists are rich in natural resources, natural in rich are pastoralists by inhabited regions The

tion.

whose borders were artificially demarcated by European coloniza- European by demarcated artificially were borders whose

mali, Afar, Borena and Nuer find themselves in different countries, different in themselves find Nuer and Borena Afar, mali,

west Ethiopia. Some of the pastoralist communities, such as the So- the as such communities, pastoralist the of Some Ethiopia. west

enous peoples include a very small hunter-gatherer group in south- in group hunter-gatherer small very a include peoples enous

and other smaller Omotic-speaking groups in the south. Other indig- Other south. the in groups Omotic-speaking smaller other and

The majority are Somali, Afar, Borena and Kereyu (Oromo), with Nuer with (Oromo), Kereyu and Borena Afar, Somali, are majority The

correspond to the specific environment and climate in which they live. they which in climate and environment specific the to correspond

ethnic groups, Ethiopian pastoralists have livelihood systems that systems livelihood have pastoralists Ethiopian groups, ethnic

namely in arid and semi-arid climatic zones. Made up of 29 different 29 of up Made zones. climatic semi-arid and arid in namely

population, roughly five million, living in the harshest environment, harshest the in living million, five roughly population,

The pastoralist population is estimated to be 12% of the country the of 12% be to estimated is population pastoralist The s ’

the Horn of Africa, are pastoralists who live by rearing livestock. rearing by live who pastoralists are Africa, of Horn the

he main indigenous peoples in Ethiopia, as in most countries in countries most in as Ethiopia, in peoples indigenous main he ETHIOPIA 3

2 ETHIOPIA

1. Gambela National Park 2. Omo National Park 3. Awash National Park down upon for such a long time that such hegemonic perceptions have almost appeared to be the “norm”. These stereotypes have given way to two forms of inequality. The first is that they are used to ration- alize the confiscation of grazing areas and eviction of pastoralists from their ancestral land. This land has in a number of places been taken over by private and absentee landlords as well as ‘modern’ commercial farm “developers”. The second form is that they have informed the macro- economic policy very negatively in the sense that they have contributed to the prevailing notion that “development” in pastoralist regions has to start with the settlement or sedentarization of pastoralists. As such, pastoralist communities have been completely marginalized from the official macro-economic policies of the various governments in Ethiopia. In fact, there has never been a pastoralist development strategy or policy as such. The sad thing is that this is still the case.

On top of all this, the prevalence of conflicts in pastoralist regions

has added more fuel to their marginalization. The artificial division •

•

of pastoralist communities into a number of countries/states such as •

•

the Somali, who find themselves in Somalia, Djibouti, Ethiopia and • •

• Kenya; the Afar who are found in Eritrea, Djibouti and Ethiopia or the •

• 359

• 360 floods cause immense destruction in terms of lives and property. The property. and lives of terms in destruction immense cause floods • •

• As if to add insult to injury, natural disasters such as droughts and droughts as such disasters natural injury, to insult add to if As •

•

nities constitute the poorest of the poor. the of poorest the constitute nities •

•

their animals on the domestic market. As a result, pastoralist commu- pastoralist result, a As market. domestic the on animals their •

neglected, they do not even have a mechanism to facilitate the sale of sale the facilitate to mechanism a have even not do they neglected,

additional means of livelihood systems. Because the communities are communities the Because systems. livelihood of means additional

pastoralists. It has deprived them of the development of alternative or alternative of development the of them deprived has It pastoralists.

ment policies and strategies - has greatly exacerbated the poverty of poverty the exacerbated greatly has - strategies and policies ment

Land eviction - on top of the sheer neglect of pastoralist develop- pastoralist of neglect sheer the of top on - eviction Land

can also be mentioned. be also can

Kereyu and Borana in the Oromia region and other places in the South the in places other and region Oromia the in Borana and Kereyu

tion of pastoralists from their own land. Other areas, such as the as such areas, Other land. own their from pastoralists of tion

along the Awash River, are typical examples of this systematic evic- systematic this of examples typical are River, Awash the along

The case of the Awash National Park, as well as the commercial farms commercial the as well as Park, National Awash the of case The

has caused conflicts between the communities and the government. the and communities the between conflicts caused has

are also turned into wildlife reserves and game parks. This in itself in This parks. game and reserves wildlife into turned also are

and large tracts large and ” developers “ as farmers commercial to on passed is

that has besieged their communities for a long time. Pastoralist land Pastoralist time. long a for communities their besieged has that

Eviction of pastoralists from their ancestral land is a huge problem huge a is land ancestral their from pastoralists of Eviction

The issue of land of issue The

and unchecked. and

lence against women and destruction of the environment are rampant are environment the of destruction and women against lence

tyranny, corruption, embezzlement, violation of the rule of law, vio- law, of rule the of violation embezzlement, corruption, tyranny,

ever and with an iron fist against civic groups. As a consequence, a As groups. civic against fist iron an with and ever

ance of dissenting views. They rule with no accountability whatso- accountability no with rule They views. dissenting of ance

prevails. Rulers in pastoralist regions rule arbitrarily, with no toler- no with arbitrarily, rule regions pastoralist in Rulers prevails.

, an atmosphere of political intimidation still intimidation political of atmosphere an , ” citizens “ for freedom

decades. Even now, when the new Constitution grants full political full grants Constitution new the when now, Even decades.

litical repression has been the norm in pastoralist regions for many for regions pastoralist in norm the been has repression litical

between pastoralist communities and the government. Outright po- Outright government. the and communities pastoralist between

This state of affairs has created an atmosphere of mutual suspicion mutual of atmosphere an created has affairs of state This

such interventions generally prolong the lives of movements. of lives the prolong generally interventions such

involvement of neighbouring states has also complicated conflicts, as conflicts, complicated also has states neighbouring of involvement

fected as they have been accused of harbouring guerrilla fighters. The fighters. guerrilla harbouring of accused been have they as fected

s backlash, civilian pastoralists have been greatly af- greatly been have pastoralists civilian backlash, s ’ government

in these regions. In the armed conflicts that have ensued, and the and ensued, have that conflicts armed the In regions. these in

political movements in the name of nationalism have come and gone and come have nationalism of name the in movements political

political under-currents fanned mainly by urban elements. As such, As elements. urban by mainly fanned under-currents political Nuer in Ethiopia and Sudan, has been utilized by various ethnic various by utilized been has Sudan, and Ethiopia in Nuer current drought, (i.e. during the period of 2001-2003) has hit the pastoralist regions very hard and has been the cause of a massive catastrophe for the communities. It is estimated that the Afar pastoralists have lost more than 90% of their cattle, not to mention the unknown figure as far as human casualties go. The year 2002-2003 marked a dark year for Ethiopian pastoralists as famine broke out on top of devastating poverty. Pastoralist communities heavily affected by the famine situation are the Afar, Somali, Borana and those in the southern region.

The Pastoralist Forum Ethiopia

It was against this backdrop that the need for policy advocacy on pastoralist development became a crucial issue for all those involved in pastoralist development. Twenty NGOs got together in 1998 and formed a loose network called the Pastoralist Forum Ethiopia (PFE). Later on, as the PFE saw the urgency of policy advocacy, it started to organize annual conferences on pastoralist development issues. The first conference was held in 2000 and looked at the previous decades of “development” initiatives in pastoralist regions undertaken mainly by three post-war governments. The conference in 2001 was devoted to the issue of Poverty Reduction Strategy Plans (PRSP). The Ethiopian government came up with an interim PRSP, which contained literally nothing on pastoralist communities, although the pastoralists of Ethiopia are indeed the poorest of the poor. The 2001 national conference was so successful that the government that introduced a new macro-economic policy in the autumn of the same year gave pastoralist development a high priority. The PFE succeeded in developing a chapter on a poverty reduction strategy for pastoralist regions and suggested it to the government for inclusion in its final PRSP document to be submitted to the World Bank. A sub-chapter on pastoralism was indeed included although the substance of the government’s strategy on pastoralism still fell short of the PFE’s expectations. With the outbreak of the current famine, the PFE organized a round table last December on the relationship between pastoralist life sys-

tems, drought and famine. The round table brought development

practitioners and government officials face to face with representa- •

•

tives of the various pastoralist communities in the country. It was •

•

emphasised that drought, though undesirable, could not cause fam- • •

• ine by itself, as pastoralist communities living in environmentally •

• 361

• 362 ment of the Pastoralist Standing Commission within the Ethiopian the within Commission Standing Pastoralist the of ment • •

• A major incident in 2002 of benefit to pastoralists was the establish- the was pastoralists to benefit of 2002 in incident major A • •

•

Pastoralist Commissions Pastoralist •

national day and it will also be marked in the other pastoralist regions. pastoralist other the in marked be also will it and day national

2004, Pastoralist Day will be celebrated in the Oromia region as a as region Oromia the in celebrated be will Day Pastoralist 2004,

s policy is questioned, thus generating discussion. In discussion. generating thus questioned, is policy s ’ government the

ples. Pastoralist Day serves as an important advocacy event, whereby event, advocacy important an as serves Day Pastoralist ples.

event with the regional government of the Southern Nations and Peo- and Nations Southern the of government regional the with event

where the celebrations took place. In 2003, the PFE co-organized the co-organized PFE the 2003, In place. took celebrations the where

organized by the PFE and hosted by the Afar regional government, regional Afar the by hosted and PFE the by organized

where pastoralists predominate. The 4th Pastoralist Day was therefore was Day Pastoralist 4th The predominate. pastoralists where

way to cooperation between the PFE and regional governments of areas of governments regional and PFE the between cooperation to way

already adopted a new policy on pastoralist development. This gave This development. pastoralist on policy new a adopted already

over to the PFE. By 2002, the Federal Government of Ethiopia had Ethiopia of Government Federal the 2002, By PFE. the to over

on. In 2002, the PCAE passed the responsibility of organizing the event the organizing of responsibility the passed PCAE the 2002, In on.

region. Pastoralist Day then began to be celebrated every year from 1999 from year every celebrated be to began then Day Pastoralist region.

quickly endorsed by the pastoralists in an area called Filtu, Somali Filtu, called area an in pastoralists the by endorsed quickly

man behind this was Abdi Abdulahi, the director of PCAE, and it was it and PCAE, of director the Abdulahi, Abdi was this behind man

Ethiopia (PCAE) introduced the idea of marking a pastoralist day. The day. pastoralist a marking of idea the introduced (PCAE) Ethiopia

In 1998, a pastoralist NGO called Pastoralist Concern Association of Association Concern Pastoralist called NGO pastoralist a 1998, In

The Pastoralist Day Pastoralist The

sion of the UN Working Group on Indigenous Populations in Geneva. in Populations Indigenous on Group Working UN the of sion

nities of Ethiopia. Its representative also takes part in the annual ses- annual the in part takes also representative Its Ethiopia. of nities

as well as continental networking, representing the pastoralist commu- pastoralist the representing networking, continental as well as

still being processed. In the meanwhile, the forum is active in regional in active is forum the meanwhile, the In processed. being still

tinue to develop by registering as a national network. Its application is application Its network. national a as registering by develop to tinue

needed to be delivered on pastoralist issues, the PFE decided to con- to decided PFE the issues, pastoralist on delivered be to needed

Prompted by these developments as well as the amount of work of amount the as well as developments these by Prompted

, for this never materialised. never this for , ” development “ any nor system

day, pastoralist communities were left with neither their knowledge their neither with left were communities pastoralist day,

undermined by modernity passing as development. At the end of the of end the At development. as passing modernity by undermined

so for the environmental management systems that were destroyed or destroyed were that systems management environmental the for so

their indigenous knowledge system has also gone. This is especially is This gone. also has system knowledge indigenous their

ever, along with the decline of pastoralist power, the prevalence of prevalence the power, pastoralist of decline the with along ever,

indigenous knowledge and environmental management systems. How- systems. management environmental and knowledge indigenous harsh areas have been able to cope for centuries using their own their using centuries for cope to able been have areas harsh Federal Parliament. Led by a prominent head of a pastoralist NGO and a founding member of the PFE, this commission is expected to contribute greatly towards advancing the cause of pastoralists at the level of policy formulation and legislation. With the Federal Government’s changed policy on pastoralism, some regional governments have gone ahead and formed pastoralist commissions in their respective regions. The Oromia, Afar and South- ern Peoples’ regional governments have all formed pastoralist commissions that will specifically work towards pastoralist development. The PFE is actively cooperating with these regional governments. How- ever, misguided perceptions about pastoralism still linger on within government circles. The policy of sedentarization, for instance, is still being advanced. The PFE, for its part, has suggested the formation of consultative policy fora and policy councils among stakeholders in pastoralist development, in order to come up with policy recommendations both for the federal as well as regional governments on pastoralist development. The pastoralist commissions of the regional governments mentioned above are currently studying the proposal.

Conclusion

The years since 2001 have marked a shift in the Federal Government of Ethiopia’s policy in terms of recognizing the pastoralist communities and pastoralist development. Verbal allegiance and devotion to pastoralist development is now given prominence. However, a major problem, which is a problem of perception, still prevails. The government has not yet recognized pastoralism as a viable traditional way of life in the same way as it recognizes farming. This is fundamental to pastoralist development as this requires recognition of the pastoralists’ right to development, as universally recognized in, for example, Agenda 21. The government still clings on to the idea of settlement and sedentarization as the solution to pastoralist problems. However, pastoralists and experts of pastoralist development emphasize that settlement policies will only exacerbate pastoralist poverty. Neverthe- less, the new policy adopted by the government has at least opened the door to cooperation with NGOs. Pastoralists still have a long way

to go but at least the first step has been taken. ❑

•

• •

• 363

• 364 The constitutional review process struggled on with great difficulty great with on struggled process review constitutional The • •

• constitutional review process affected both processes in different ways. different in processes both affected process review constitutional •

• The general elections falling as they did at the same time as the as time same the at did they as falling elections general The •

•

The constitutional review process review constitutional The

indigenous pastoralists and hunter-gatherers. and pastoralists indigenous

This weakness seems to be most common in the districts occupied by occupied districts the in common most be to seems weakness This

stead, individuals simply sold themselves or their party sold them. sold party their or themselves sold simply individuals stead,

as campaign tools, few of their candidates seemed to use them. In- them. use to seemed candidates their of few tools, campaign as

fact that, although parties prepared quite comprehensive manifestos comprehensive quite prepared parties although that, fact

cal parties. One factor remained constant, however, and that was the was that and however, constant, remained factor One parties. cal

and vice versa. This tended to split pastoralist districts among politi- among districts pastoralist split to tended This versa. vice and

terns, with people voting for or against candidates rather than parties than rather candidates against or for voting people with terns,

areas, the defections of candidates also influenced the voting pat- voting the influenced also candidates of defections the areas,

should it win the elections, which it always seemed to do. In other In do. to seemed always it which elections, the win it should

majority for KANU, largely through fear of the ensuing repression ensuing the of fear through largely KANU, for majority

political activity. North Eastern Province ended up voting in their in voting up ended Province Eastern North activity. political

Pastoralists and hunter-gatherers were not immune to all this all to immune not were hunter-gatherers and Pastoralists

bow Coalition (NARC), which eventually delivered defeat to KANU. to defeat delivered eventually which (NARC), Coalition bow

opposition parties and the formation of the National Alliance Rain- Alliance National the of formation the and parties opposition

alignments of parties, the merger and eventual coalition of major of coalition eventual and merger the parties, of alignments

date, and ultimately sealed the fate of both. It also influenced the re- the influenced also It both. of fate the sealed ultimately and date,

of animosity toward the ruling KANU party and the preferred candi- preferred the and party KANU ruling the toward animosity of

paigned for his preferred presidential candidate created a great deal great a created candidate presidential preferred his for paigned

The fact that the incumbent president chose and vigorously cam- vigorously and chose president incumbent the that fact The

The general elections general The

tunities as well as challenges for indigenous peoples. indigenous for challenges as well as tunities

in progress for several years, have in various ways presented oppor- presented ways various in have years, several for progress in

factors, as well as the constitutional review process, which has been has which process, review constitutional the as well as factors,

dent that had ruled the country for twenty-four years. These two These years. twenty-four for country the ruled had that dent

independence in 1962. Secondly, it also saw the retirement of a presi- a of retirement the saw also it Secondly, 1962. in independence

for the political party that had been in power since the country gained country the since power in been had that party political the for

Firstly, it was an election year, which also signaled the end of an era an of end the signaled also which year, election an was it Firstly,

2002 was an important year in the history of Kenya for two reasons. two for Kenya of history the in year important an was 2002 KENYA 7

1. Pokot 5. Rendile 2. Samburu 6.Maasai (Aproximate location of indigenous communities) 3. Turkana 7. Ogiek 4. Borana until the end of the year 2002. The main activity of the commission was to conduct and facilitate civic education so as to stimulate public discussion and awareness of constitutional issues. Following this,

the Commission collected and collated views from the public on what

they wished to be reflected in a future Constitution. Thereafter, a Bill •

•

was drafted, which embodied the proposed changes, and which was •

•

to be discussed at the National Constitutional Conference, after which • •

• it would be presented to the National Assembly. •

• 365

• 366 too, have been split between Kenya and Uganda. and Kenya between split been have too, • •

• pastoralists. They shared the view of multiple citizenship since they, since citizenship multiple of view the shared They pastoralists. •

•

tion for presentation of views, which were quite similar to the other the to similar quite were which views, of presentation for tion •

•

For their part, the Pokot also held several workshops in prepara- in workshops several held also Pokot the part, their For •

the Commission in early 2003. early in Commission the

sion in one of the constituencies. These two issues will be raised with raised be will issues two These constituencies. the of one in sion

indigenous and that Maasai views were not passed on to the commis- the to on passed not were views Maasai that and indigenous

two complaints: that the coordinator for one of the districts was not was districts the of one for coordinator the that complaints: two

on how they wished the grievances addressed. They had, however, had, They addressed. grievances the wished they how on

had opened and presented their views and proposals and views their presented and opened had – place take to

way before the centres - where the presentations of views were going were views of presentations the where - centres the before way

views to the Commission. As a result, people arrived in large numbers large in arrived people result, a As Commission. the to views

organizations, worked hard to prepare its people to present their present to people its prepare to hard worked organizations,

The Maa Pastoralist Council (MPC), including many of its member its of many including (MPC), Council Pastoralist Maa The

sembly, and so forth. so and sembly,

(TOMWO) and the Ogiek through the Ogiek People Ogiek the through Ogiek the and (TOMWO) s National As- National s ’

The Pokot did the same through their Centre for Peace Traditions Peace for Centre their through same the did Pokot The

tricts (Kajiado, Narok, Transmara, Laikipia, Samburu and Baringo). and Samburu Laikipia, Transmara, Narok, (Kajiado, tricts

presented the views of the Maa-speaking communities from six dis- six from communities Maa-speaking the of views the presented

randa submitted to the Commission. The Maa Pastoralist Council Pastoralist Maa The Commission. the to submitted randa

a means to self-determination. This was reflected in many memo- many in reflected was This self-determination. to means a

system of governance, which was perceived by most pastoralists as pastoralists most by perceived was which governance, of system

safeguards against. Many also emphasized the demands for a federal a for demands the emphasized also Many against. safeguards

which they had hoped the new constitution would address and offer and address would constitution new the hoped had they which

Top of the list were the injustices relating to land and resources, and land to relating injustices the were list the of Top

mon to all of them. of all to mon

ties and organizations highlighting the grievances that were com- were that grievances the highlighting organizations and ties

memoranda were prepared and presented by indigenous communi- indigenous by presented and prepared were memoranda

heard and the process stimulated a high level of mobilisation. Many mobilisation. of level high a stimulated process the and heard

communities were all very active to ensure that their views were views their that ensure to active very all were communities

During the presentation of views to the Commission, indigenous Commission, the to views of presentation the During

was the minimum pledge. minimum the was

pledged a timetable for its revival and completion. One hundred days hundred One completion. and revival its for timetable a pledged

effect that they were committed to the constitutional review and even and review constitutional the to committed were they that effect

Despite its deferment, all political parties made promises to the to promises made parties political all deferment, its Despite

the new Parliament was in place. in was Parliament new the

constitutional review process was put on hold, to be re-started after re-started be to hold, on put was process review constitutional

elections. The election campaign period then ensued and the whole the and ensued then period campaign election The elections.

tional conference) had already been dissolved due to the upcoming the to due dissolved been already had conference) tional

authorities (who comprise the bulk of the delegates to the constitu- the to delegates the of bulk the comprise (who authorities

tutional Conference was not held because Parliament and the local the and Parliament because held not was Conference tutional The Bill was published by September 2002 but the National Consti- National the but 2002 September by published was Bill The Basically, all memoranda presented by indigenous peoples took into consideration issues expressed by women. Among these are issues of equity, particularly in inheritance of family property. The northern pastoralists, mainly Somali and Borana from four districts (Wajir, Mandera, Garissa and Isiolo) had some demands that were different from their southern counterparts. They criticized the draft constitution of the Kenya Review Commission for leaving out pastoralists and demanded an affirmative action plan to be included in the draft report. They also wanted a future Constitution to allow them to acquire Ethiopian and Somali nationality while retaining their Kenyan citizenship. This is because the Somali community strad- dles the three nations and their nomadic lifestyle requires that they move between the three countries. Under the current Constitution, a Kenyan loses citizenship when he or she acquires another country’s nationality. The demand for a federal system of governance is not supported by the northern pastoralists. This is because, unlike their southern counterparts, their worry is not that their resources are being alienated by the dominant communities. Being far from dominating influences, they have never faced this threat. Their main concern is the fear of being even further marginalized than they presently are. The final draft constitution is yet to be finalized through a constitutional conference scheduled to take place in May 2003. The recommendations are to be agreed upon by all stakeholders.

The Ogiek case

The Ogiek have continued their demand for ancestral land at the Mau East Forest and the courts have similarly continued to deny them this right. As it is, the Trust Land Act Cap 288, Forest Act Cap 285, and Government Lands Act Cap 280, while safeguarding the forests and the resources, do not address the reality that the Ogiek are a forest- dwelling community. Besides this, the Kenyan courts are too rigid to open up to debate the possibility that indigenous land rights issues may be a part of Kenyan law. Apart from being a specialized field, which is not readily understood even by some judges, there is a

discernable unwillingness on the part of the authorities in Kenya to

uphold the rights of the Ogiek to their ancestral land. This unwilling- •

•

ness, including the fear that the government of the day may not •

•

approve recognition of ancestral rights, has unfortunately permeated • •

• court judgments. In other words, there seems to be an unwritten rule •

• 367

• 368

s protocols on protection of minorities. of protection on protocols s ’ including the European Union European the including • •

• government is a signatory to international human rights agreements, rights human international to signatory a is government •

•

loss of limb or incapacitation. It may be recalled that the British the that recalled be may It incapacitation. or limb of loss •

•

possibly a protracted court battle, were to cover bodily harm such as such harm bodily cover to were battle, court protracted a possibly •

British preferred to settle out of court to avoid embarrassment and embarrassment avoid to court of out settle to preferred British

tion of over £540 million. The claims for compensation, which the which compensation, for claims The million. £540 over of tion

their area following military manoeuvres, finally received compensa- received finally manoeuvres, military following area their

the British army for damage caused by unexploded ordinances left in left ordinances unexploded by caused damage for army British the

The indigenous Samburu and Laikipia pastoralists, who had sued had who pastoralists, Laikipia and Samburu indigenous The

Pastoralists sue the British Army British the sue Pastoralists

gue many indigenous communities in Africa. in communities indigenous many gue

erty, illiteracy, unemployment and soaring health problems still pla- still problems health soaring and unemployment illiteracy, erty,

sources within their midst, for the benefit of others. As a result, pov- result, a As others. of benefit the for midst, their within sources

Africa. Marginalised communities are denied valuable natural re- natural valuable denied are communities Marginalised Africa.

indigenous rights is still a contentious one in Kenya, as in most of most in as Kenya, in one contentious a still is rights indigenous

Draft Declaration on the Rights of Indigenous People, the issue of issue the People, Indigenous of Rights the on Declaration Draft

Although indigenous rights have been recognized under the UN the under recognized been have rights indigenous Although

alienation by third parties. third by alienation

land from environmental degradation and degradation environmental from land ’ peoples indigenous save

As it is, the government is unable to come up with any policies to policies any with up come to unable is government the is, it As

a privilege not enjoyed or extended to other communities. other to extended or enjoyed not privilege a ”

the only favoured community to own and exploit natural resources, natural exploit and own to community favoured only the

there is no reason why the Ogiek should be should Ogiek the why reason no is there “ that, ruled They judges.

a similar fate in the year 2000 when their case was thrown out by two by out thrown was case their when 2000 year the in fate similar a

The quest by the Ogiek of Tinet for recognition of their rights met rights their of recognition for Tinet of Ogiek the by quest The

enous people, will demand their ancestral rights. ancestral their demand will people, enous

one community, all the other communities, and not only the indig- the only not and communities, other the all community, one

for communal sharing of rights and that, if they recognize them for them recognize they if that, and rights of sharing communal for

prove recognition of ancestral rights because the law does not provide not does law the because rights ancestral of recognition prove

means that there is a fear that the present government may not ap- not may government present the that fear a is there that means

simply because they happen to be born close to the resource the to close born be to happen they because simply . This . ”

the law does not allow individuals to benefit from such a resource a such from benefit to individuals allow not does law the “

benefits from the Lake Bogoria National Reserve. The court ruled that, ruled court The Reserve. National Bogoria Lake the from benefits

in Nakuru denied the Endoroi their rights to their land, including land, their to rights their Endoroi the denied Nakuru in

nature in Kenya. For example, in April 2002, the High Court sitting Court High the 2002, April in example, For Kenya. in nature

rights have been violated. There are potentially many cases of this of cases many potentially are There violated. been have rights

through, it would set a serious precedent for all those whose ancestral whose those all for precedent serious a set would it through,

to accept. If a case touching on ancestral rights is allowed to go to allowed is rights ancestral on touching case a If accept. to that the issue of ancestral rights is too serious for any administration any for serious too is rights ancestral of issue the that In the Kenyan context, the case has prompted questions on the nature of foreign military agreements, and on whether the safety of Kenyans was covered in the agreements. When the question was raised, the Attorney General indicated that he would make the content of the agreements public “when and if necessary”. One would have thought the court case would have been reason enough. In Kenya, the problem came about because certain areas were designated as military training zones without the informed consent of or appropriate safeguards towards the residents. Both the Kenyan army and the provincial administration, which relocates people out of proposed training grounds or warns them to keep off certain areas during training seasons, failed to do so. They also declined to assist the victims in any way. Instead, they secretly collected and hid away some ordinances. They even barred the experts from accessing key areas. The administration and the police have also declined to give useful information to victims when requested. Information on issues such as training schedules and areas and types of explosives used is usually provided to the administration and the police when being instructed to evict communities from certain zones. The two are also withholding death and injury reports – which are very accurate as regards date, place, time and cause, and date back many years. While more claims may be pending, the case has so far created an important historical precedent that may have significant implications for the region and the Commonwealth as a whole. The very fact that small indigenous communities in a largely forsaken part of the world even dared to take soldiers of a former colonial power to court and win is shocking to most but quite encouraging to other indigenous communities in similar circumstances. The case is being perceived as a landmark case, and many more such plaintiffs are bound to emerge. Unexploded munitions left in pasture fields have killed many people, particularly pastoralists, and maimed many more. Livestock step on them or children pick them up thinking they are playthings, only to be blown up. The British Army has been training in Kenya for the past 50 years. The training continues to this day, with approximately 3,000 British soldiers coming to Kenya every year. Many other parts of the continent have similar experiences.

It is expected that the case will highlight the need for troops to

clean up after their military exercises in order to safeguard the security •

•

of all peoples, including indigenous peoples. •

•

It is also hoped that the case will prick the conscience of the • •

• Kenyan media dominated by the majority communities who have an •

• 369

• 370 been successful. been • •

• stood for parliamentary and civic seats, even though only few have few only though even seats, civic and parliamentary for stood •

• sponsibility in the public domain. Following this, more women have women more this, Following domain. public the in sponsibility •

• prejudices and perceptions that only men can hold positions of re- of positions hold can men only that perceptions and prejudices •

to be the preserves of men. In the process, this has helped to break to helped has this process, the In men. of preserves the be to

the visibility of women in positions that had hitherto been assumed been hitherto had that positions in women of visibility the

the appointee). Despite this tokenism, the appointments have raised have appointments the tokenism, this Despite appointee). the

the same manner (except in cases where security of tenure protected tenure of security where cases in (except manner same the

ments were made at whim by the president and could be revoked in revoked be could and president the by whim at made were ments

ers. However, this has been seen as mere tokenism since the appoint- the since tokenism mere as seen been has this However, ers.

Appeal, Chief of Protocol and six ambassadors and high commission- high and ambassadors six and Protocol of Chief Appeal,

permanent secretaries, eight judges of the high Court and Court of Court and Court high the of judges eight secretaries, permanent

civil service and secretary to the cabinet, director of education, several education, of director cabinet, the to secretary and service civil

important positions in the government. These included the head of the of head the included These government. the in positions important

insensitive. But by the end of its tenure, women held a number of number a held women tenure, its of end the by But insensitive.

The previous government was always perceived as being gender being as perceived always was government previous The

Gender

their memoranda focused primarily on land and resources. and land on primarily focused memoranda their

relating to land dispossession since independence and beyond. All beyond. and independence since dispossession land to relating

challenge of all if the new government were to agree to right all wrongs all right to agree to were government new the if all of challenge

istrations. Pastoralists and hunter/gatherers consider it the greatest the it consider hunter/gatherers and Pastoralists istrations.

benefited from gifts of land and other resources during previous admin- previous during resources other and land of gifts from benefited

vious one, still comprises individuals from majority ethnic groups who groups ethnic majority from individuals comprises still one, vious

land grabbing all over the country. The new government, like the pre- the like government, new The country. the over all grabbing land

land laws and possibly accept responsibility for violations relating to relating violations for responsibility accept possibly and laws land

previous one, will see itself as having too much at stake to agree to revise to agree to stake at much too having as itself see will one, previous

tation, but also their fear, is that even the new government, like the like government, new the even that is fear, their also but tation,

problem for hunter/gatherers and pastoralists. Their hope and expec- and hope Their pastoralists. and hunter/gatherers for problem

The issue of land dispossession has over the years remained a major a remained years the over has dispossession land of issue The

Land dispossession Land

vializing, exaggerations and pure lies. pure and exaggerations vializing,

is now freely printing the story, albeit with the usual typical tri- typical usual the with albeit story, the printing freely now is

was the foreign media that first highlighted the issue. The local media local The issue. the highlighted first that media foreign the was

printed, the local print and electronic media all turned them down. It down. them turned all media electronic and print local the printed,

community to the local media to gain publicity by having their story their having by publicity gain to media local the to community anti-pastoralist bias. It may be recalled that, despite pleas by the local the by pleas despite that, recalled be may It bias. anti-pastoralist The constitutional review process also offered the opportunity for women to air their views on the changes they would like to see reflected in the new constitutional order so as to correct the gender imbalance. One important proposal was that one third of parliamentary and civic seats should be reserved for women candidates. If this proposal were to be accepted, it would also positively affect indigenous women. To have their voices felt in the political sphere, indigenous women seem to depend largely on outside intervention but all indigenous women supported gender sensitive proposals in their own submissions. The year also saw the creation of the Family Court among the Divisions of the High Court. This court is bound to be beneficial to all women, including indigenous women. Female Genital Mutilation (FGM) has been illegal for a long time now. However, it is still very much practiced, mainly in indigenous peoples’ areas – among hunter/gatherers and pastoralists. This means that public pronouncements and use of force has done little to change social practices that are not performed in the public sphere. This is all the more so if the people have little faith that the government is truly concerned with their welfare, rather than simply interfering with their lives. This has been the perception of indigenous peoples toward the government. Were the government to show a different face, the issue of FGM might perhaps be resolved administratively and through legal channels. So far, the hope for young girls lies in the efforts of local indigenous women’s groups working together with the parents of young girls and in league with nurses and circumcisers to gradually introduce positive changes that would either replace the practice or do away with it altogether in socially acceptable ways.

Regional events

The East African Community (EAC) celebrated its first anniversary since it was launched a year ago with much pomp but has had few tangible benefits for indigenous peoples. Its overriding aims are to create regional integration, customs union, trade and industry, harmonization of investment, monetary and fiscal policies, etc. The prom-

ise to improve the infrastructure in marginalized areas of the region,

however, could create better accessibility for indigenous peoples to •

•

social amenities that are presently few and far between. A regional •

•

workshop on harmonization of livestock policy in the EAC was also • •

• held in August 2002 to define the current situation with regard to •

• 371

• 372 very sources of their livelihood, culture, identity and well-being. and identity culture, livelihood, their of sources very • •

•

experience various challenges and threats, some of which threaten the threaten which of some threats, and challenges various experience •

• and Maasai, and

who have continued throughout 2002 and into 2003 to 2003 into and 2002 throughout continued have who •

1 •

Hadzabe and Ndorobo, as well as the indigenous pastoralist Barbaig pastoralist indigenous the as well as Ndorobo, and Hadzabe •

This is the case of the indigenous hunter-gatherer communities of communities hunter-gatherer indigenous the of case the is This

lihood and their cultures. their and lihood

resources that are critical for their survival, the security of their live- their of security the survival, their for critical are that resources

are also losing access to natural resources in their ancestral territories, ancestral their in resources natural to access losing also are

ent national development programmes, they programmes, development national ent differ from benefiting not

tive to the environment. Indigenous communities are thus not only not thus are communities Indigenous environment. the to tive

permanently since movements of people and livestock are destruc- are livestock and people of movements since permanently

toralists, and states that the official policy is to settle pastoralists settle to is policy official the that states and toralists,

modes of production, whether they are hunter-gatherers or pas- or hunter-gatherers are they whether production, of modes

ment Programmes is strongly biased against indigenous peoples indigenous against biased strongly is Programmes ment ’

different policies adopted since 1995 under the Structural Adjust- Structural the under 1995 since adopted policies different

government over the last two years with the purpose of harmonizing of purpose the with years two last the over government

the Rural Development Strategy (RDS) developed by the Tanzanian the by developed (RDS) Strategy Development Rural the

their socio-economic conditions seem to be going from bad to worse: to bad from going be to seem conditions socio-economic their

from this economic growth and socio-economic development, and development, socio-economic and growth economic this from

However, the indigenous peoples of Tanzania have not benefited not have Tanzania of peoples indigenous the However,

capita income is estimated at US$ 220. US$ at estimated is income capita

Economic growth is estimated at between 5.8% and 6.5% and per and 6.5% and 5.8% between at estimated is growth Economic

tics show that 80% of this population have access to basic health care. health basic to access have population this of 80% that show tics

programmes. Its population is currently 36 million and official statis- official and million 36 currently is population Its programmes.

Woods institutions, and it is a recipient of various lending and aid and lending various of recipient a is it and institutions, Woods

Economically, Tanzania is seen as a success story by the Bretton the by story success a as seen is Tanzania Economically,

ing recorded development in a number of sectors during 2002. during sectors of number a in development recorded ing

anzania is praised in various international publications for hav- for publications international various in praised is anzania

TANZANIA

nightmare. ❑

and the right to free movement across borders, which is presently a presently is which borders, across movement free to right the and

enous pastoralists with regard to livestock markets, livestock drugs livestock markets, livestock to regard with pastoralists enous

could have the potential of creating awareness on the plight of indig- of plight the on awareness creating of potential the have could policy and legislative development for animal health services. This services. health animal for development legislative and policy The situation of hunter-gatherers

The recently introduced guidelines and regulations for wildlife policy and wildlife management areas (WMAs) give priority to commercial hunting and other forms of utilisation of wildlife resources, which have led to a loss of sources of livelihoods for indigenous hunting communi-

ties in Tanzania. Through a loss of land and subsistence hunting rights,

the Hadzabe and the Ndorobo now experience systematic deprivation •

•

of their own livelihoods. An example of this is the displacement of the •

•

Hadzabe people - who inhabit the area near the Lake Eyasi in Arusha, • •

• Shinyanga and Singida regions - in order to give hunting rights and •

• 373

• 374 farming. In the 1970s, the parastatal National Agricultural and Food and Agricultural National parastatal the 1970s, the In farming. • •

• pastoral Barbaig people, is now given over to small and large-scale and small to over given now is people, Barbaig pastoral •

•

nyara region and has been the traditional territory of the indigenous the of territory traditional the been has and region nyara •

•

Most of Hanang district, which is situated in the newly created Ma- created newly the in situated is which district, Hanang of Most •

The Barbaig The

identity.

livestock, loss of primary production systems and loss of cultural of loss and systems production primary of loss livestock,

cesses. The losses they experienced included: loss of land, loss of loss land, of loss included: experienced they losses The cesses.

ginalisation and exclusion from local and national development pro- development national and local from exclusion and ginalisation

Indigenous pastoralist communities continued to experience mar- experience to continued communities pastoralist Indigenous

The situation of pastoralist communities pastoralist of situation The

always been too little too late and, in many cases, short-lived. cases, many in and, late too little too been always

NGOs that have tried to work with hunter-gatherers in Tanzania has Tanzania in hunter-gatherers with work to tried have that NGOs

The support from human rights organisations and development and organisations rights human from support The

and pastoralists alike. pastoralists and

cement by the government, farming communities, agro-pastoralists communities, farming government, the by cement

enous hunter-gatherer communities have been experiencing displa- experiencing been have communities hunter-gatherer enous

vulnerable and unable to cope with environmental uncertainty. Indig- uncertainty. environmental with cope to unable and vulnerable

vation policies. Both the Hadzabe and the Ndorobo are now more now are Ndorobo the and Hadzabe the Both policies. vation

their livelihood have come under severe threat from wildlife conser- wildlife from threat severe under come have livelihood their

experienced by Hadzabe and Ndorobo and parameters that mediate that parameters and Ndorobo and Hadzabe by experienced

Food insecurity and livelihood insecurity are features commonly features are insecurity livelihood and insecurity Food

game resources, wild berries and honey. and berries wild resources, game

pacted on these communities, whose livelihoods are dependent on dependent are livelihoods whose communities, these on pacted

sources and identity. This multiple deprivation has negatively im- negatively has deprivation multiple This identity. and sources

ing communities are experiencing multiple deprivations of land, re- land, of deprivations multiple experiencing are communities ing

the communities by damage from wildlife. Instead, indigenous hunt- indigenous Instead, wildlife. from damage by communities the

is not used to benefit indigenous peoples or to offset losses caused to caused losses offset to or peoples indigenous benefit to used not is

To make matters worse, the revenue generated from sport hunting sport from generated revenue the worse, matters make To

allocating quotas of game meat to applicants. to meat game of quotas allocating

have to apply for and secure a hunting permit, with wildlife officials wildlife with permit, hunting a secure and for apply to have

robo and the Hadzabe, like any other Tanzanians, want to hunt, they hunt, to want Tanzanians, other any like Hadzabe, the and robo

The new policies and regulations further stipulate that if the Ndo- the if that stipulate further regulations and policies new The

Tanzania.

Robin Hurt, a a Hurt, Robin Kenyan Briton who owns several hunting blocks in blocks hunting several owns who Briton Kenyan licenses to Tanzania Game Trackers, a company formerly owned by Mr. by owned formerly company a Trackers, Game Tanzania to licenses Corporation (NAFCO) took 100,000 acres of land from the Barbaig and put it under wheat production. This massive alienation of prime Barbaig pasture lands forced the Barbaig community to move to other areas in search for water and pasture for their livestock. They migrated to Singida, Dodoma, Morogoro, Shinyanga, Iringa, Rukwa, Mbeya and Ruvuma. The Barbaig never found a place they could call home in the areas they moved to, as they were considered intruders with no respect for other peoples’ property or cultures. Perceived by mainstream groups as “loose foot herders”, the Barbaig are constantly discriminated against and exploited. Land use conflicts between farmers and agricultural pastoralists are a recurrent feature and are intensifying. The mainstream dominated media is biased against pastoralists in its coverage of issues related to conflicts. It often reports pastoralists as the aggressors and the pastoralists’ view are rarely put across. There have been calls from mainstream groups for pastoralist Barbaig and Maasai to be sent back to where they came from: their traditional territories, most of which are at present under other uses such as wheat and other grain production or which fall within protected areas. NAFCO, like many other parastatals has failed miserably in its performance. In spite of abundant capital from Canadian CIDA and heavily mechanised farming methods, wheat production has always been too low to justify the level of investment. The degree of environmental destruction is recorded as being one of the highest in the country and the cost of human suffering for the indigenous Barbaig has reached intolerable levels. The loss of huge tracts of pasture has, for instance, meant alienation from their holy sites. This alienation of holy sites, ancestral graves and sites of cultural significance has had deep spiritual and cultural significance for the community. Sources say that talks started recently on selling Hanang’s wheat farms in Basuto to a private investor and, like many other privatised public utilities, the deal has not involved any consultation with the Barbaig community, who are the true owners of the land. Worse still, there is no discussion about returning land to the indigenous Barbaig for their own use as pasture.

The Maasai

•

The Maasai have experienced alienation of their lands, further mar- •

•

ginalisation and multiple forms of deprivation, all of which has led • •

• to increased vulnerability and impoverishment. In 2002, more lands •

• 375 • 376 • • • •

•

ties need for their subsistence and for their cultural survival. cultural their for and subsistence their for need ties •

•

evitably contribute to a loss of the key resources that indigenous communi- indigenous that resources key the of loss a to contribute evitably •

communities now seems more uncertain than ever before. Land losses in- losses Land before. ever than uncertain more seems now communities

vulnerability and poverty and chronic food insecurity. The future of the of future The insecurity. food chronic and poverty and vulnerability

of other problems have beset the communities, such as increased levels of levels increased as such communities, the beset have problems other of

alienation or depletion of wild berries, roots and honey. As a result, a host a result, a As honey. and roots berries, wild of depletion or alienation

bated during 2002, causing further loss of key pastoral and game resources, game and pastoral key of loss further causing 2002, during bated

further loss of sources of their livelihood. Land alienation continued una- continued alienation Land livelihood. their of sources of loss further

to experience multiple forms of deprivation that have systematically led to led systematically have that deprivation of forms multiple experience to

Indigenous peoples, both pastoralists and hunter-gatherers, have continued have hunter-gatherers, and pastoralists both peoples, Indigenous

Emerging issues, analysis and discussion and analysis issues, Emerging

profits above livelihood security. livelihood above profits

the situation is getting worse because of market economics that places that economics market of because worse getting is situation the

torical as the reality on the ground has not changed. In some cases, some In changed. not has ground the on reality the as torical

to regenerate. Wildlife policy intentions have remained largely rhe- largely remained have intentions policy Wildlife regenerate. to

maximise resource use while allowing soil nutrients and vegetation and nutrients soil allowing while use resource maximise

that pastoralists use in arid and semi-arid environments in order to order in environments semi-arid and arid in use pastoralists that

and other tracking strategies of resource utilisation and management and utilisation resource of strategies tracking other and

political will; and 2) it does not recognise transhumance pastoralism transhumance recognise not does it 2) and will; political

The wildlife policy has two other inherent limitations; 1) it lacks it 1) limitations; inherent other two has policy wildlife The

likelihood that things will change soon. change will things that likelihood

nities benefit the most. This has been the case so far and there is no is there and far so case the been has This most. the benefit nities

sources. Instead, people and companies from outside local commu- local outside from companies and people Instead, sources.

requirements and ultimately be able to benefit from wildlife re- wildlife from benefit to able be ultimately and requirements

cumbersome and it becomes very difficult for villagers to meet all the all meet to villagers for difficult very becomes it and cumbersome

Wildlife Management Areas (WMAs) are demanding, costly and costly demanding, are (WMAs) Areas Management Wildlife

resources. However, the regulations and guidelines for establishing for guidelines and regulations the However, resources.

to empower local communities and give them user rights to wildlife to rights user them give and communities local empower to

been seen as a radical move as it speaks for the first time of the need the of time first the for speaks it as move radical a as seen been

. The wildlife policy (1998) has (1998) policy wildlife The . ” “ the forced scramble for Maasailand for scramble

tion-wildlife-tourist related were introduced and they all re-en- all they and introduced were related tion-wildlife-tourist

Different policies, regulations and guidelines that were conserva- were that guidelines and regulations policies, Different

to the livelihood of the indigenous pastoralist Maasai in Tanzania. in Maasai pastoralist indigenous the of livelihood the to

Wildlife conservation and the tourist industry remained key threats key remained industry tourist the and conservation Wildlife

ing and mining. and ing

large-scale farming, wildlife conservation, tented camps, sport hunt- sport camps, tented conservation, wildlife farming, large-scale were taken away from them and put to other uses, such as small and small as such uses, other to put and them from away taken were Intensification of resource based conflicts

The shrinking resource base and encroachment of crop farming into pastoral areas has intensified resource-based conflicts. In 2002, violent conflicts between pastoralists and farmers intensified, leading to deaths in some areas. Indigenous resource owners such as the Barbaig, the Maasai, the Ndorobo and Hadzabe clashed with the migrant farming communities. In Kiteto district, for example, clashes broke out in the villages of Kimana, Namelok and Katikati. In all these villages, these clashes led to loss of lives. In Simanjiro, Monduli, Hanang and Babati districts conflicts frequently occurred in the traditional territories of indigenous peoples. These conflicts were caused by farms blocking stock routes to water points and by the location of farms in grazing areas. These resource-based conflicts often resulted in pastoralists’ animals being poisoned, animals legs cut and some cows, sheep or goats being killed by farmers. Such resource-based conflicts have increased in both frequency and intensity, displacing people in different areas.

Indigenous pastoralist women

Pastoralist societies are going through social changes that impact on gender relations. The Maasai pastoralist society traditionally organised work along gender, clan, age and territorial section lines, with men’s primary responsibilities being herding, management of pasture, water points, building and maintaining fences for settlements and protecting the herd against predators. The role of women was traditionally managing the homes and provisioning their households. Women’s work included: building and maintaining houses, milking, cooking and feeding the household and visitors, fetching firewood as well as water. In their roles as managers of livestock, women had an extra task of rearing and domes- ticating animals. Because of different social changes taking place, the situation is increasingly changing and gender labour relations are being redefined. First, the decrease in pastoral lands has led to a reduction in livestock numbers, with young Maasai men moving to the cities in

search of waged employment. An absence of young men at home has

increased the workload for women, as they have had to assume the •

•

work previously done by the young men. School has also taken most •

•

of the children, and the roles that children used to play, such as • •

• looking after the livestock, now also fall to women. •

• 377

• 378 toralists. The procurement of grain, grinding of maize, fetching water fetching maize, of grinding grain, of procurement The toralists. • •

• Grain now forms an essential part of the diet of indigenous pas- indigenous of diet the of part essential an forms now Grain •

•

formed by these women. these by formed •

•

This is in addition to the numerous domestic chores already per- already chores domestic numerous the to addition in is This •

and their previous roles have ended up being performed by women. by performed being up ended have roles previous their and

men are finding themselves away from home for long periods of time of periods long for home from away themselves finding are men

have also increased that of the men. The implications of this is that is this of implications The men. the of that increased also have

s workloads, while the difficulties involved in marketing livestock marketing in involved difficulties the while workloads, s ’ en

s activities have also somewhat increased wom- increased somewhat also have activities s ’ men in Changes

to brewing and selling beer, etc. beer, selling and brewing to

activities ranging from manufacturing artefacts for the tourists market tourists the for artefacts manufacturing from ranging activities

many marginalized women have involved themselves in different in themselves involved have women marginalized many

their roles as providers of sustenance. In performing these roles, these performing In sustenance. of providers as roles their

sought other ways of supplying their households with food and kept and food with households their supplying of ways other sought

s responses to these processes have varied. They have They varied. have processes these to responses s ’ Women

benefits that could have accrued to them. to accrued have could that benefits

such as hides and skins and this has denied women any potential any women denied has this and skins and hides as such

and young Maasai men now dominate trade in livestock products livestock in trade dominate now men Maasai young and

butter and ghee, as well as hides and skins. However, non-Maasai However, skins. and hides as well as ghee, and butter

controlled, which is milk, milk products such as such products milk milk, is which controlled, ” traditionally “ they

men have. Women would traditionally have gained in the sale of what of sale the in gained have traditionally would Women have. men

men to benefit from the commoditization process in the same way that way same the in process commoditization the from benefit to men

Other socio-economic changes have constrained the ability of wo- of ability the constrained have changes socio-economic Other

pendent on their male counterparts for subsistence. for counterparts male their on pendent

not the owners of the product of their own labour and, indeed, de- indeed, and, labour own their of product the of owners the not

the past. Women have therefore found themselves the producers but producers the themselves found therefore have Women past. the

rights that social institutions such as marriage guaranteed them in them guaranteed marriage as such institutions social that rights

losing out not only in terms of ownership rights but also the user the also but rights ownership of terms in only not out losing

family property i.e. livestock. In the process, women are increasingly are women process, the In livestock. i.e. property family

managers being transformed into that of owners and controllers of controllers and owners of that into transformed being managers

market relations have changed gender relations, with men with relations, gender changed have relations market s roles as roles s ’

The diminishing number of livestock and increased articulation of articulation increased and livestock of number diminishing The

gaps, largely making women more vulnerable economically and socially. and economically vulnerable more women making largely gaps,

men almost to the exclusion of women has intensified age and gender and age intensified has women of exclusion the to almost men

narrowing that of women. The concentration of cash into the hands of hands the into cash of concentration The women. of that narrowing

livestock have changed, widening the scope of men of scope the widening changed, have livestock s control while control s ’

Gender relations in terms of acquisition, disposal and exchange of exchange and disposal acquisition, of terms in relations Gender

existed between men and women. and men between existed

tization of livestock and livestock products has upset the balance that balance the upset has products livestock and livestock of tization

control over the resources they traditionally controlled. Commodi- controlled. traditionally they resources the over control

further changed property relations, with women losing access and access losing women with relations, property changed further In addition to increasing workloads for women, social changes have changes social women, for workloads increasing to addition In and fuel wood for preparing grain-based foods have all added to the already heavy workloads of women. It is the women who carry maize to the mill for grinding, fetch fuel wood, fetch water and cook food. Although there are grinding mills in various trade centres, they are located very far from where most pastoral women live. Most of the activities performed by women are both laborious and monotonous, unrelenting and quite taxing, whereas most of the tasks performed by men, such as herding and watering the animals, are seasonal and can be done with different men taking turns.

Indigenous children working in the Mererani mines

Increasing poverty levels have forced many children from the indigenous pastoral communities to go and work in the mines in Mererani. Mererani, a mining town near Arusha in northern Tanzania is famous worldwide because of its tanzanite, the precious and highly lucrative gemstone mined there. The area was once a grazing land for the pastoralist Maasai and it is now home to big international mining companies as well as millions of small miners from East Africa and beyond. For many years, Mererani was predominantly populated by male adults. However, its wealth and fame attracted people from all walks of life. Some people left their diplomatic careers, or their white and blue collar jobs to work in the industry. Young Maasai men and women left pastoralism, indigenous Maasai children left school and some left home to work in the mines. As the saying goes, “all roads lead to Mererani and indeed they do.” Children in Mererani are engaged in a number of activities. Some work as domestic workers, others work in the commercial sex industry. However, the majority of children work in the mines either underground or sieving sand to extract small pieces of tanzanite. Those who work in the mines are called Nyoka, a Swahili word which means a snake, because of their ability to move fast and swiftly through dark tunnels just like a snake in a hole. Living and working conditions in Mererani are difficult and dangerous. This is the case for many people but children are more vulner-

able. Children die from malaria, TB, HIV/AIDS related complications

and respiratory infections. •

•

The level of exploitation of these children is very high and many •

•

dealers feel that they should not employ children since it is against • •

• the law. Instead, they only give them a little money to cover their food •

• 379 • 380 • • • • • •

•

3 A Swahili word meaning security guard. security meaning word Swahili A 3

discontinued their involvement after a short time. short a after involvement their discontinued

2 Oxfam UK and CUSO did some work with the Hadzabe but they both they but Hadzabe the with work some did CUSO and UK Oxfam 2

of indigenous peoples is beyond the scope of this paper. this of scope the beyond is peoples indigenous of

1 Discussion about other groups in Tanzania that may claim the identity the claim may that Tanzania in groups other about Discussion 1

Notes

its vital labour. vital its ❑

further undermines the viability of pastoralism since it deprives it of it deprives it since pastoralism of viability the undermines further

to a lack of formal education. The departure of able-bodied youths able-bodied of departure The education. formal of lack a to

ralism often have none of the skills needed in the formal sector due sector formal the in needed skills the of none have often ralism

populations. Many pastoralists who have been pushed out of pasto- of out pushed been have who pastoralists Many populations.

in crisis and the decreasing ability of pastoralism to absorb its own its absorb to pastoralism of ability decreasing the and crisis in

The presence of such young men in towns is a reflection of a society a of reflection a is towns in men young such of presence The

money they get is insufficient and living conditions are often bad. often are conditions living and insufficient is get they money

. as ). The ). (meaning called are They Walinzi wild dogs wild Mwitu Mbwa

and Dar es Salaam, you see Maasai youth in their hundreds working hundreds their in youth Maasai see you Salaam, es Dar and

In towns such as Mwanza, Arusha, Tanga, Morogoro, Dodoma Morogoro, Tanga, Arusha, Mwanza, as such towns In

professional skills looking for waged employment. waged for looking skills professional

probably the only one for people with low levels of literacy and literacy of levels low with people for one only the probably

guards. This has been found to be an alternative form of income and income of form alternative an be to found been has This guards.

youth leave home and go to the big towns where they work as security as work they where towns big the to go and home leave youth

the security guards are young Maasai men. Many indigenous Maasai indigenous Many men. Maasai young are guards security the

It is common knowledge that, in both Kenya and Tanzania, most of most Tanzania, and Kenya both in that, knowledge common is It

Maasai youth as security guards in the cities the in guards security as youth Maasai

on the road to riches. to road the on

that they will one day become rich, for they see themselves as being as themselves see they for rich, become day one will they that

better than what they have at home but many stay because of the hope the of because stay many but home at have they what than better and accommodation. Many children stay because what they get is get they what because stay children Many accommodation. and

CENTRAL AFRICA

•

AND •

•

CAMEROON • • •

• 381

• 382 rape and torture occurred on a daily basis with impunity. In Ituri In impunity. with basis daily a on occurred torture and rape • •

• Kivus, where huge numbers of people were displaced and massacres, and displaced were people of numbers huge where Kivus, •

•

in eastern DRC, particularly in the provinces of Equateur and the and Equateur of provinces the in particularly DRC, eastern in •

•

Despite progress towards peace, the conflicts continued unabated continued conflicts the peace, towards progress Despite •

s huge debts. huge s ’ country the of some cancelling and rescheduling

elections. Donors resumed aid to the DRC and made provisions for provisions made and DRC the to aid resumed Donors elections.

and finalisation of a new constitution ultimately leading to national to leading ultimately constitution new a of finalisation and

opposition groups. This paves the way for a transitional government transitional a for way the paves This groups. opposition

and and ration du Congo du ration é lib de Mouvement mocratie-Goma é d la pour

be drawn from the government, rebel groups groups rebel government, the from drawn be Rassemblement congolais Rassemblement

dent Kabila will remain in office and four new vice-presidents will vice-presidents new four and office in remain will Kabila dent

signed a comprehensive peace deal under which current DRC Presi- DRC current which under deal peace comprehensive a signed

In December 2002, all parties to the inter-Congolese dialogue inter-Congolese the to parties all 2002, December In

Uganda - also withdrew their forces from the DRC. the from forces their withdrew also - Uganda

since 1998 against rebel forces backed by neighbouring Rwanda and Rwanda neighbouring by backed forces rebel against 1998 since

and Zimbabwe - which have supported the Kinshasa government Kinshasa the supported have which - Zimbabwe and

batants repatriated. Meanwhile, Kinshasa allies Angola, Namibia, Angola, allies Kinshasa Meanwhile, repatriated. batants

little progress in fulfilling this commitment, with only 3% of ex-com- of 3% only with commitment, this fulfilling in progress little

Rwandan genocide. However, by the end of 2002, the DRC had made had DRC the 2002, of end the by However, genocide. Rwandan

former armed forces, who sought refuge in the DRC following the following DRC the in refuge sought who forces, armed former

demobilise and repatriate Rwandan Hutu Interahamwe militias and militias Interahamwe Hutu Rwandan repatriate and demobilise

the DRC and Rwanda in Pretoria, July 2002, committed the DRC to DRC the committed 2002, July Pretoria, in Rwanda and DRC the

drawal of their forces from the DRC. The Peace Accord signed between signed Accord Peace The DRC. the from forces their of drawal

bours Burundi, Rwanda and Uganda, resulting in the near total with- total near the in resulting Uganda, and Rwanda Burundi, bours

parties, the DRC reached separate agreements with eastern neigh- eastern with agreements separate reached DRC the parties,

During 2002, following international diplomatic pressure on all on pressure diplomatic international following 2002, During

militia groups, for control of the DRC the of control for groups, militia s mineral wealth. mineral s ’

battle between political and military elites, including warlords of various of warlords including elites, military and political between battle

mount insurgency operations. Since then, the conflict has grown into a into grown has conflict the then, Since operations. insurgency mount

close to the Rwandan border, from where the Interahamwe continued to continued Interahamwe the where from border, Rwandan the to close

Tanzania and the DRC. They were accommodated in refugee camps refugee in accommodated were They DRC. the and Tanzania

militia responsible for the genocide, spilled into spilled genocide, the for responsible militia the of many Interahamwe

the 1994 Rwandan genocide, when over two million people, including people, million two over when genocide, Rwandan 1994 the

conflict stems from the violence and mass displacements unleashed by unleashed displacements mass and violence the from stems conflict

and rebel groups operating in the east of the country. Much of the current the of Much country. the of east the in operating groups rebel and

(DRC) between forces of the Kinshasa government and its allies, its and government Kinshasa the of forces between (DRC)

rmed conflict continued in the the in continued conflict rmed Democratic Republic of Congo of Republic Democratic

The political situation political The THE GREAT LAKES REGION LAKES GREAT THE District, an economically-fuelled ethnic conflict was aggravated by advancing rebel groups (some backed by Uganda) battling for control of mineral resources, including gold and diamonds. The situation deteriorated to such a barbarous level that many humanitarian agencies issued warnings of genocide (see DRC report below). In October 2002, a report by the UN Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the DRC, in the five eastern provinces of the DRC, found that the Rwandan and Ugandan occupation had caused more than 3 million further deaths since the outbreak of war. The report highlighted the involvement of dozens of multinationals based in Europe, Canada and the USA who are extracting minerals from eastern Congo in violation of OECD guidelines on ethical working practices in conflict zones.

In Burundi, the first direct peace talks for nine years were held be-

tween the Tutsi-led transitional government and Hutu rebel groups. By •

•

the end of the year all but one of the Hutu parties and their various •

•

factions had signed a ceasefire agreement. However, an African mis- • •

• sion due to monitor the application of the ceasefire and set up canton- •

• 383

• 384 ties will be further extended during 2003. during extended further be will ties • •

• have been built for Twa communities in three provinces. These activi- These provinces. three in communities Twa for built been have •

•

ries and five adult literacy centres have been established. Sixty houses Sixty established. been have centres literacy adult five and ries •

•

activities. Forty Twa secondary school children have received bursa- received have children school secondary Twa Forty activities. •

tions to increase their food security and develop income-generating develop and security food their increase to tions

ment authorities. CAURWA is now supporting 50 local Twa associa- Twa local 50 supporting now is CAURWA authorities. ment

their land, education and housing problems with the local govern- local the with problems housing and education land, their

their rights and help them claim these rights and seek solutions for solutions seek and rights these claim them help and rights their

a network of provincial Twa volunteers who inform communities of communities inform who volunteers Twa provincial of network a

to the 1994 genocide. CAURWA has decentralised its activities through activities its decentralised has CAURWA genocide. 1994 the to

ethnic groups in an attempt to overcome the ethnic tensions that led that tensions ethnic the overcome to attempt an in groups ethnic

viously had opposed reference to indigenous peoples and to specific to and peoples indigenous to reference opposed had viously

important shift in attitude by the Rwandan government, which pre- which government, Rwandan the by attitude in shift important

enous organisation working to promote Batwa rights. This signals an signals This rights. Batwa promote to working organisation enous

was legally recognised as an indig- an as recognised legally was des Autochtones Rwandais) Autochtones des é munaut

In March 2002, the largest Twa organisation, CAURWA ( CAURWA organisation, Twa largest the 2002, March In Com-

nal security situation during 2002 was stable. was 2002 during situation security nal

s borders, the inter- the borders, s ’ Rwanda outside continued conflict lthough

RWANDA

agement - particularly of its enormously lucrative petroleum sector. petroleum lucrative enormously its of particularly - agement ❑

tional donor confidence in the government the in confidence donor tional s questionable fiscal man- fiscal questionable s ’

struggling with a staggering debt burden and diminishing interna- diminishing and burden debt staggering a with struggling

bility in the Pool region remained unresolved, and the country was country the and unresolved, remained region Pool the in bility

flee. Fighting continued during the year and by December the insta- the December by and year the during continued Fighting flee.

forces and Ninja rebels. Tens of thousands of people were forced to forced were people of thousands of Tens rebels. Ninja and forces

fighting erupted in the Pool region in late March between government between March late in region Pool the in erupted fighting

and elections for the national assembly, the senate, and the president, the and senate, the assembly, national the for elections and

war were short-lived. Following the agreement of a new constitution new a of agreement the Following short-lived. were war

, initial hopes in early 2002 for an end to civil to end an for 2002 early in hopes initial , the In Republic of Congo of Republic

May 2003) approaches. 2003) May

date set for the transfer of power from a Tutsi to a Hutu president (1 president Hutu a to Tutsi a from power of transfer the for set date st

manoeuvrings continued into 2003 and are likely to increase as the as increase to likely are and 2003 into continued manoeuvrings

mained largely un-enforced. The political fractures and military and fractures political The un-enforced. largely mained ment camps for the former rebels was delayed and the ceasefire re- ceasefire the and delayed was rebels former the for camps ment Briefing session at CAURWA. Photo: Dorothy Jackson

Twa organisations met with the Constitution Commission to press for their rights in the new constitution, calling for increased representation of Twa at all administrative levels in the country, inclusion of Twa in land distribution, recognition of Twa as a disadvantaged group needing particular attention, and support for Twa education. The draft constitution has allocated 2 senate places, to be nominated by the President, for representatives of people “disadvantaged by the historical process.” Twa could therefore be eligible for these seats. A referendum on the new Constitution will be held in mid-2003, followed by parliamentary and presidential elections to replace the current transitional government. CAURWA has opened a dialogue with Rwanda’s Poverty Reduc- tion Strategy (PRS) – which is intended to be a framework for pro-poor development activities in the next 5 years, under the IMF’s Highly Indebted Poor Countries (HIPC) initiative. CAURWA has briefed com-

munities about PRS-funded community projects, to try to reduce the

possibility that marginalised Twa communities will be left out of the •

•

process of planning community projects or the benefits of those projects. •

•

CAURWA is collecting socio-economic data on Twa communities to • •

• compare with official government poverty statistics, which will be •

• 385 • 386 • • • • • •

•

vernment authorities. vernment ❑

Issues, visited Rwanda to meet Twa communities and Rwandan go- Rwandan and communities Twa meet to Rwanda visited Issues,

Permanent Forum on Indigenous on Forum Permanent ’ Nations United the of Africa for

concerns. During August, Ayitegau Kouevi, the indigenous member indigenous the Kouevi, Ayitegau August, During concerns.

their advocacy work, including TV and radio reports about Twa about reports radio and TV including work, advocacy their

ment is lagging far behind. Twa activists used the media to support to media the used activists Twa behind. far lagging is ment

guidelines that recognise indigenous rights and promote co-manage- promote and rights indigenous recognise that guidelines

evicted communities, but implementation of the modern conservation modern the of implementation but communities, evicted

to listen to the Twa voice and respond to the development needs of needs development the to respond and voice Twa the to listen to

Forest and the Nyungwe Forest. Conservation agencies are beginning are agencies Conservation Forest. Nyungwe the and Forest

who have been evicted from the Volcanos National Park, Gishwati Park, National Volcanos the from evicted been have who

vation bodies and local authorities to discuss the rights of Twa people Twa of rights the discuss to authorities local and bodies vation

CAURWA organised meetings between Twa representatives, conser- representatives, Twa between meetings organised CAURWA

Commission, donors, embassies, NGOs and civil society networks. society civil and NGOs embassies, donors, Commission,

meetings with government ministries, the Unity and Reconciliation and Unity the ministries, government with meetings

stepping up their national and international advocacy work through work advocacy international and national their up stepping

The Twa increased official and public awareness of Twa issues by issues Twa of awareness public and official increased Twa The

for them. for

to conceal their crimes, and will not be able to find witnesses to testify to witnesses find to able be not will and crimes, their conceal to

members of Rwandan society, will be scape-goated by others seeking others by scape-goated be will society, Rwandan of members

actively in the process. The concern is that Twa, as marginalised as Twa, that is concern The process. the in actively

committees and to participate to and committees to election for stand , Gacaca Gacaca

year. They encouraged Twa communities to attend local meetings on meetings local attend to communities Twa encouraged They year.

genocide crimes, and which was piloted during the latter part of the of part latter the during piloted was which and crimes, genocide

process, which will try people accused of categories 2, 3 and 4 and 3 2, categories of accused people try will which process, court)

Twa activists have received training on Rwanda on training received have activists Twa (village s ’ Gacaca Gacaca

with 11% of the general population. general the of 11% with

shows that 88% of Twa households lack agricultural land, compared land, agricultural lack households Twa of 88% that shows

Preliminary data collected by CAURWA from Cyangugu province Cyangugu from CAURWA by collected data Preliminary

AIMPO, produced a study of the Twa land situation in four provinces. four in situation land Twa the of study a produced AIMPO,

implications for the largely landless Twa. The Twa organisation, Twa The Twa. landless largely the for implications

land concentration and formal land titling, which could have serious have could which titling, land formal and concentration land

A new land code being developed proposes various measures for measures various proposes developed being code land new A

nities. used to support advocacy on rights and entitlements for Twa commu- Twa for entitlements and rights on advocacy support to used BURUNDI

n Burundi, the Twa continued to suffer as a result of the civil war. I A Household Livelihood Security assessment carried out by CARE in Muyinga Province, NE Burundi, revealed how the country’s insecurity enabled the rich to exploit the poor, including the Twa, and called for Twa rights to access land to be guaranteed and measures to be taken to secure Twa lands against expropriation. In August, the Association of Action Batwa organised a seminar in Gitega to inform Batwa about their rights, democracy and the country’s peace process. Despite the grave humanitarian situation in Burundi, the government has taken steps to increase the political representation of Twa. The senate, whose role is to scrutinise legislation and promote peace and reconciliation mechanisms, has three seats for Twa representatives. One of the members of parliament is a Twa woman, Mme Libérate Nicayenzi, who has been pressing the government to allocate land to the Twa. Tragically, one of the Twa senators, Jean-Bosco Rutagengwa, was killed in a rebel ambush in May 2002. Twa representatives from Rwanda and the DRC attended his funeral. Twa activists made contact with a group of young Twa refugees from Kigoma, Tanzania, who were urgently seeking help to further their education. The Batwa NGO, UCEDD (Union Chrétienne pour l’Education et le Développement des Déshérités), continued to support Twa communities through agro-pastoralist programmes and the Nyangungu Hope School, a kindergarten which supports 150 Twa children. They intend to expand the school to benefit both primary and secondary school children. ❑

UGANDA

n 1991, the Twa Pygmies of southwest Uganda were forcibly evic-

tedfrom their forests following the establishment of the Bwindi and •

I •

Mgahinga National Parks. The closure of the forests caused many of •

•

the Twa to move from a fairly independent existence to being landless, • •

• impoverished squatters, forced to survive by working for local farm- •

• 387 • 388 • • • • • •

•

medals. ❑

Theatre Association. The Twa Cultural Dancers were awarded two awarded were Dancers Cultural Twa The Association. Theatre

tional Festival in Kampala organised by the Uganda Development Uganda the by organised Kampala in Festival tional

Kisoro Town and Nyarusiza represented UOBDU at an Interna- an at UOBDU represented Nyarusiza and Town Kisoro

the Mgahinga and Bwindi Impenetrable Forests. Twa dancers from dancers Twa Forests. Impenetrable Bwindi and Mgahinga the

histories and traditional knowledge systems of the Twa living around living Twa the of systems knowledge traditional and histories

A student from Glasgow University has begun researching the oral the researching begun has University Glasgow from student A

programme.

s multiple forest user forest multiple s ’ CARE and Authority Wildlife Uganda the by

Plans for concrete actions relating to Twa forest use were proposed were use forest Twa to relating actions concrete for Plans •

although no solutions were found; were solutions no although

The problems with the Trust fund were aired to a wider audience, wider a to aired were fund Trust the with problems The •

implement their programmes more effectively; more programmes their implement

NGOs working with Twa agreed that they need to design and design to need they that agreed Twa with working NGOs •

collaborate better in their work with the Twa; the with work their in better collaborate

Government authorities and development organisations agreed to agreed organisations development and authorities Government •

shops were held, with the result that: result the with held, were shops

management. Two work- Two management. ’ parks the in play should Twa role creased

Conservation authorities have begun to openly acknowledge the in- the acknowledge openly to begun have authorities Conservation

the restricted forests in the Bwindi and Mgahinga National Parks. National Mgahinga and Bwindi the in forests restricted the

of forest access that take into account the Twa the account into take that access forest of s special attachment to attachment special s ’

grammes aimed at Twa people and, in particular, to call for new rules new for call to particular, in and, people Twa at aimed grammes

and conservation authorities in order to discuss policies and pro- and policies discuss to order in authorities conservation and

The Ugandan Twa continued to dialogue with district officials district with dialogue to continued Twa Ugandan The

land or livelihoods. or land

is extremely serious for the Twa, who have no other means of securing of means other no have who Twa, the for serious extremely is

organisations, but will be finally closed down in February 2003. This 2003. February in down closed finally be will but organisations,

gramme was partly reinstated after protests by the Twa and support and Twa the by protests after reinstated partly was gramme

the Trust eliminating its Batwa programme in mid-2002. The pro- The mid-2002. in programme Batwa its eliminating Trust the

including land purchase. However, erosion of the stock market led to led market stock the of erosion However, purchase. land including

component for rural development activities with Twa communities, Twa with activities development rural for component

Environment Facility to protect the two forest parks and had a specific a had and parks forest two the protect to Facility Environment

Conservation Trust (MBFICT). The Trust was mandated by the Global the by mandated was Trust The (MBFICT). Trust Conservation

better dialogue with the Mgahinga and Bwindi Impenetrable Forest Impenetrable Bwindi and Mgahinga the with dialogue better

Organisation for Batwa Development in Uganda), have been seeking been have Uganda), in Development Batwa for Organisation ers. Since 2000, the Twa and their organisation, UOBDU (United UOBDU organisation, their and Twa the 2000, Since ers. DEMOCRATIC REPUBLIC OF CONGO

he eruption in January 2002 of Mt. Nyirangongo, near Goma in T north Kivu, caused widespread destruction. Several Twa organisations provided emergency assistance to Twa communities dis- rupted by the volcanic eruption, fearing that relief services would not reach these marginalised groups. The civil war in the DRC continued to wreak its toll on Pygmy communities in the east of the country, who are caught between warring factions that loot, rape and murder with impunity. Many communities leave their villages to hide in the forests at night, or move into the towns, to avoid being attacked. In late 2002, news began to emerge of atrocities against local populations, including Pygmy communities, in the Ituri District. Reports claimed that Ugandan-backed rebel groups, the Congolese Liberation Movement (MLC) and Congolese Rally for Democracy-National (RCD- N) had been forcing their captives to eat human flesh in Mambasa, Koanda and Teturi. Mambasa covers an area of 37,860 km2 and Mbuti Pygmies are thought to comprise 50% of the population. The total number of hunter-gatherer Mbuti who live in the Ituri tropical forest is not known, although it has been estimated at 30,000. Their existence is already extremely fragile: their land rights are not recognised either in law or in the customary rights systems of neighbouring peoples, the authorities of the 13,000 km2 Okapi Wildlife Reserve no longer permit them to hunt large game, and they survive by hunting small animals and bartering labour, firewood and game with the surrounding Bantu in exchange for food. They have little or no access to healthcare facilities and suffer from many preventable diseases such as river blindness and malaria, while their children suffer disproportionately from measles and polio. The forest, and therefore the Mbuti’s food supply, is under increasing threat from the rapidly spreading commercial plantations of Ugan- dan timber companies and the increasing number of coltan mines.1 Although relations between the Mbuti hunter-gatherers and the traditional Bila fisher- farmers (who practice sustainable shifting cultivation) are generally sustainable and involve sustainable forest

use, the forest has also been under increasing pressure from incom-

ing gold panners. This has involved incomers clearing the forest to •

•

create large permanent fields to grow produce to sell to the gold •

•

panners at exorbitant prices, upsetting both the local economy and • •

• local ecology. •

• 389

• 390 tion and feasibility study organised by the Forest Peoples Project into Project Peoples Forest the by organised study feasibility and tion • •

•

In association with CAURWA, PIDP collaborated on a consulta- a on collaborated PIDP CAURWA, with association In •

• s work. s ’

exhibitions, and discussions of PIDP of discussions and exhibitions, •

•

rights and culture through public meetings, Pygmy dancing and craft and dancing Pygmy meetings, public through culture and rights •

s Indigenous People, to increase awareness of Pygmy of awareness increase to People, Indigenous s ’ World the of Day

In August, PIDP held its annual celebration of the International the of celebration annual its held PIDP August, In

with agricultural inputs and training in farming methods. farming in training and inputs agricultural with

also participated. PIDP continued its support of Pygmy communities Pygmy of support its continued PIDP participated. also

water management and human rights. Some non-Pygmy representatives non-Pygmy Some rights. human and management water

for Pygmy community representatives in basic journalism techniques, journalism basic in representatives community Pygmy for

which reports on its activities in the region. PIDP also organized training organized also PIDP region. the in activities its on reports which

, bulletin, quarterly its of publication continued ) Bambuti Kivu du es é Pygm

PIDP-Kivu ( PIDP-Kivu veloppement des veloppement é D le et gration é Int ’ l pour Programme

the Mbuti without adequate food, shelter or security. or shelter food, adequate without Mbuti the

has prevented humanitarian agencies from working in Ituri, leaving Ituri, in working from agencies humanitarian prevented has

are located between Mambasa and Beni. The poor security situation security poor The Beni. and Mambasa between located are

shelter in the village of Mangina, while other camps of the displaced the of camps other while Mangina, of village the in shelter

extreme step for them to take. A group of at least 1,000 have sought have 1,000 least at of group A take. to them for step extreme

Recent reports suggest at least 3,000 pygmies have fled the forest, an forest, the fled have pygmies 3,000 least at suggest reports Recent

Uganda, and a reported 100,000 people have taken refuge in Beni. in refuge taken have people 100,000 reported a and Uganda,

More than 10,000 refugees from Ituri have crossed the border into border the crossed have Ituri from refugees 10,000 than More

The conflict in Ituri has caused massive population displacement. population massive caused has Ituri in conflict The

will file a complaint at the International Court of Justice in The Hague. The in Justice of Court International the at complaint a file will

criminal court to try the rebels accused of cannibalism, and confirmed they confirmed and cannibalism, of accused rebels the try to court criminal

Congolese authorities have asked the Security Council to establish a UN a establish to Council Security the asked have authorities Congolese

Commissioner for Human Rights called for sanctions against them. The them. against sanctions for called Rights Human for Commissioner

The UN Security Council has condemned the rebels, and the High the and rebels, the condemned has Council Security UN The

prosecutor confirmed that an investigation into allegations would begin. would allegations into investigation an that confirmed prosecutor

nal to investigate the crimes committed against them. The DRC state DRC The them. against committed crimes the investigate to nal

ted by MLC soldiers. They demanded that the government create a tribu- a create government the that demanded They soldiers. MLC by ted

January gave eyewitness accounts of acts of cannibalism being commit- being cannibalism of acts of accounts eyewitness gave January

A delegation of Pygmy peoples who travelled to Kinshasa in late in Kinshasa to travelled who peoples Pygmy of delegation A

to the region to provide support and conduct their own assessments. own their conduct and support provide to region the to

in front of their families. Bukavu-based Twa organisations travelled organisations Twa Bukavu-based families. their of front in

small children being killed and mutilated, and people being executed being people and mutilated, and killed being children small

provided horrific accounts of babies of accounts horrific provided hearts being torn out and eaten, and out torn being hearts ’

“ called tion (Operation Clean Slate). Eye witnesses Eye Slate). Clean (Operation ” Effacer le tableau le Effacer

and populations in villages around Mambasa and Beni, in an opera- an in Beni, and Mambasa around villages in populations and

rebels, primarily against the Nande in Mambasa, the Mbuti Pygmies, Mbuti the Mambasa, in Nande the against primarily rebels,

mary executions. The summary executions were perpetrated by the by perpetrated were executions summary The executions. mary

confirmed allegations of rape, child rape, abduction, torture and sum- and torture abduction, rape, child rape, of allegations confirmed

After a 6-day investigation, the UN mission in DRC DRC in mission UN the investigation, 6-day a After – MONUC – low-cost solar energy applications for Batwa communities in Rwanda and the DRC. The results of the study strongly indicate that DIY solar energy technologies would bring practical benefits and opportunities to the communities. In June, the Centre d’Accompagnement des Autochtones Pygmées et Minoritaires Vulnérables (CAMV), l’Action d’Appui pour la Protection des Droits des Minorités en Afrique Centrale (AAPDMAC) and l’Union pour l’Emancipation de la Femme Autochtone (UEFA) sent a stark message to the “World Food Summit: 5 Years Later”, organised by the United Nations Food and Agriculture Organisation (FAO) in Rome. Their statement noted that the Batwa in eastern DRC have been driven from their land and rendered homeless by the creation of the two national parks, Kahuzi-Biega and Virunga. CAMV continued its regional food security programme, with the distribution of seeds to over 200 Pygmy households. In July, CAMV organised a meeting for Pygmy NGO representatives from the DRC, Rwanda and Burundi to discuss communications techniques and methodology. ❑

REPUBLIC OF CONGO

cross the border from the DRC, in the Republic of Congo, fighting A between government forces and Ninja rebels has forced thousands to flee from the disputed Pool Region, including over a hundred Pygmies from the village of Nko. Nevertheless, UNICEF was able to vaccinate Pygmy children against polio in a cross-border, synchro- nised polio vaccination campaign in July. In the northern Sangha region, UNICEF is currently developing integrated basic services within Pyg- my/Bantu villages to allow better access to health, education, water supplies and food production. The project plans to expand to benefit 50,000 Pygmy families (250,000 children) in the Likoula, Lekoumou, Bouenza and Plateaux regions of the Congo. The US State Department’s Country Reports on Human Rights noted

the unequal treatment of Congo’s tens of thousands of Pygmies, their

severe marginalisation in the areas of employment, health and education •

•

and their lack of political voice. The US Embassy in Brazzaville an- •

•

nounced a human rights training programme for 120 Baka people in the • •

❑ • regions of Likouala, Sangha, Plateaux and Lekoumou over one year. •

• 391

• 392 dignity of the Baka and causing social disruption in their communities. their in disruption social causing and Baka the of dignity • •

• intellectual, financial and political swindle that was undermining the undermining was that swindle political and financial intellectual, •

•

tional outrage. Cameroonian NGOs denounced the exhibition as an as exhibition the denounced NGOs Cameroonian outrage. tional •

•

Pygmies from the Djoum area in southern Cameroon caused interna- caused Cameroon southern in area Djoum the from Pygmies •

In July, an exhibition at an animal park at Yvoir, Belgium, of Baka of Belgium, Yvoir, at park animal an at exhibition an July, In

The Baka The

equitable dialogue between Bagyeli and their Bantu neighbours. Bantu their and Bagyeli between dialogue equitable

opment of new institutional mechanisms that promote informed and informed promote that mechanisms institutional new of opment

community mapping of Bagyeli land use; and supporting the devel- the supporting and use; land Bagyeli of mapping community

ing Bagyeli to secure access to their natural resource base, including base, resource natural their to access secure to Bagyeli ing

information base, skills and confidence; help- confidence; and skills base, information ’ Bagyelis the building

process and to protect their lands and livelihoods. This work includes work This livelihoods. and lands their protect to and process

port NGOs to support Bagyeli to gain more control over the pipeline the over control more gain to Bagyeli support to NGOs port

International NGOs are working with the Bagyeli and local sup- local and Bagyeli the with working are NGOs International

discuss FEDEC. discuss

s impacts on the Bagyeli, and Bagyeli, the on impacts s ’ pipeline the about information gather

project implementation. As a result, the IAG visited Cameroon to Cameroon visited IAG the result, a As implementation. project

tional Advisory Group (IAG) set up by the World Bank to monitor to Bank World the by up set (IAG) Group Advisory tional

programme through letters to FEDEC board members and the Interna- the and members board FEDEC to letters through programme

International and local NGOs raised concerns about the FEDEC the about concerns raised NGOs local and International

and therefore actually worsen their situation. their worsen actually therefore and

tion measures will curtail Bagyeli hunting and livelihood activities, livelihood and hunting Bagyeli curtail will measures tion

struction. Ironically, the establishment of these environmental mitiga- environmental these of establishment the Ironically, struction.

tional Park, as part of environmental mitigation for the pipeline con- pipeline the for mitigation environmental of part as Park, tional

(which overlaps Bagyeli traditional areas) and Mbam Djerem Na- Djerem Mbam and areas) traditional Bagyeli overlaps (which

charged with funding the protection of Campo Ma Campo of protection the funding with charged an National Park National an ’

far there has been no Bagyeli involvement in the IPP. FEDEC is also is FEDEC IPP. the in involvement Bagyeli no been has there far

developed in consultation with the Bagyeli community. However, so However, community. Bagyeli the with consultation in developed

fund is mandated to finance an Indigenous Peoples Plan (IPP), to be to (IPP), Plan Peoples Indigenous an finance to mandated is fund

compensation package to communities affected by the pipeline. The pipeline. the by affected communities to package compensation

ronment and Development in Cameroon (FEDEC) fund, as part of the of part as fund, (FEDEC) Cameroon in Development and ronment

the World Bank. The pipeline project set up the Foundation for Envi- for Foundation the up set project pipeline The Bank. World the

controversial Chad-Cameroon oil pipeline project, underwritten by underwritten project, pipeline oil Chad-Cameroon controversial

Cameroon, where their traditional lands are traversed by the by traversed are lands traditional their where Cameroon,

he 4,000 or so Bagyeli Bagyeli so or 4,000 he people live in the south-west of south-west the in live people ’ Pygmy ‘

The Bagyeli The CAMEROON 2 1 3

d 4 a 5 c b

1. Bamenda, 2. Bamileké 4. Bagyeli Bali, Bafut, Mankon 3. Bamoun 5. Baka

a. Campo Ma’an Ntl Park c. Lobeke Ntl Park b. Boumba Ntl Park d. Dja Reserve

Baka people in south-east Cameroon faced increasing threats to their customary land rights from the new forest conservation rules devised for Lobeke and Boumba National Parks, and the protected areas around them, which were established in 1999 without Baka

involvement. The area is home to many communities engaged in

farming, hunting, fishing and gathering for mainly subsistence pur- •

•

poses. Most conservation managers in the region agree that subsist- •

•

ence hunting by Baka does not pose a serious threat to biodiversity. • •

• The greater threat is from commercial safari companies exploiting the •

• 393

• 394 system of human rights protection. rights human of system • •

• to seek funding from the UN Voluntary Fund and to use the African the use to and Fund Voluntary UN the from funding seek to •

•

bodies, such as developing a network of Pygmy NGOs; assisting then assisting NGOs; Pygmy of network a developing as such bodies, •

•

formation and experiences and propose follow-up actions to the UN the to actions follow-up propose and experiences and formation •

tives from seven central African countries to meet and exchange in- exchange and meet to countries African central seven from tives

Pygmies. It provided a valuable opportunity for Pygmy representa- Pygmy for opportunity valuable a provided It Pygmies.

Mekas, in the Dja Reserve, Cameroon, the traditional territory of Baka of territory traditional the Cameroon, Reserve, Dja the in Mekas,

for Pygmy representatives. Meetings were held in Yaound in held were Meetings representatives. Pygmy for and at and é

consultation and training seminar on indigenous and human rights human and indigenous on seminar training and consultation

Human Rights (OHCHR), ILO and UNESCO organised a joint a organised UNESCO and ILO (OHCHR), Rights Human

n November 2002, the UN Office of the High Commissioner for Commissioner High the of Office UN the 2002, November n

REGIONAL EVENTS REGIONAL

because they do not have secure rights to their forests. their to rights secure have not do they because ❑

people, especially Baka, already cherish but are powerless to protect to powerless are but cherish already Baka, especially people,

they are doing this in order to protect the resources and habitats that local that habitats and resources the protect to order in this doing are they

now in place penalise those with the most to lose. The paradox is that is paradox The lose. to most the with those penalise place in now

backing it up with strong enforcement measures, the protection measures protection the measures, enforcement strong with up it backing

needs of Baka. Rather than targeting commercial trade in bushmeat and bushmeat in trade commercial targeting than Rather Baka. of needs

a small fee, can come into direct conflict with the subsistence hunting subsistence the with conflict direct into come can fee, small a

safari companies access to prime forest hunting areas in their zone for zone their in areas hunting forest prime to access companies safari

of the communal forest management committee, for example, to allow to example, for committee, management forest communal the of

The consequence of this lack of participation by Baka is that decisions that is Baka by participation of lack this of consequence The

Baka representatives to get onto these committees. these onto get to representatives Baka

criteria, including the need for French literacy, make it difficult for difficult it make literacy, French for need the including criteria,

established local elites, and the committee selection methods and methods selection committee the and elites, local established

local committee. These committees are overwhelmingly dominated by dominated overwhelmingly are committees These committee. local

supposed to be controlled in each communal management zone by a by zone management communal each in controlled be to supposed

forest rights. Exploitation of flora and fauna by local communities is communities local by fauna and flora of Exploitation rights. forest

local conservation authorities in decisions about the allocation of allocation the about decisions in authorities conservation local

persistent and significant marginalisation by government and the and government by marginalisation significant and persistent

In many parts of this region Baka are in the majority, yet they face they yet majority, the in are Baka region this of parts many In

companies to hunt and smuggle out ivory and rare bird species. bird rare and ivory out smuggle and hunt to companies

ers and traders and trophy hunters, who pay hefty fees to local safari local to fees hefty pay who hunters, trophy and traders and ers

several large logging companies, illegal commercial bushmeat hunt- bushmeat commercial illegal companies, logging large several sport hunting areas that were established around the Lobeke Park, Lobeke the around established were that areas hunting sport A regional workshop was held by Minority Rights Group Interna- tional in Kigali, December 2002, on the subject of Promoting the Rights of Batwa Pygmies: Recognition, Representation and Cooperation. Twa representatives from three of the four Great Lakes countries attended, as well as government officials. Amongst the 24 recommendations were that governments should protect, promote and respect Batwa human rights; that international NGOs and United Nations agencies should support the Batwa in their struggle for rights and that the Batwa themselves should unite to claim their rights. A new economic development and conservation initiative for six Central African countries (Cameroon, the Central African Republic, the DRC, Equatorial Guinea, Gabon and the Republic of Congo) was announced at the Sustainable Development Summit in Johannesburg, South Africa, in September 2002. Known as the Congo Basin Forest Partnership (CBFP), the initiative is backed by northern donors, conservation agencies and private sector groups, including forestry and timber organisations. The aim is to:

• Provide people with sustainable means of livelihood through well- managed forestry concessions, sustainable agriculture and integrated ecotourism programs. • Improve forest and natural resource governance through community-based management, combating illegal logging and enforcing anti-poaching laws. • Help countries develop a network of effectively managed national parks, protected areas and corridors.

African environmental and indigenous NGOs have written to the CBFP to convey their concerns about the lack of civil society participation in the process, lack of access to information, the involvement of agencies that are major players in the destruction of central Africa’s forests and the poor record so far of conservation agencies with regard to the rights of local and indigenous communities. The concern is that, once again, the interests of forest-based communities and indigenous peoples will be overridden. ❑

Note

•

1 Coltan is used to make pinhead capacitors – an essential component in •

•

mobile phones. 80% of the world’s reserves of coltan are found in the •

•

DRC (ed.note). • •

• 395 • 396 • • • • • • • •

•

SOUTHERN AFRICA •

• •

• 397

• 398

s estimated 34,000 San were dependent on food aid. food on dependent were San 34,000 estimated s ’ try

According to According • 1 •

•

Management Unit (EMU) that between 17,000 and 22,000 of the coun- the of 22,000 and 17,000 between that (EMU) Unit Management •

• s Emergency s ’

example, it was estimated by the government of Namibia of government the by estimated was it example, •

•

some income through working for government institutions. In 2001, for 2001, In institutions. government for working through income some •

households receive food provided by the government, and they earn they and government, the by provided food receive households

malnutrition and under nutrition are problems in some areas. Some San Some areas. some in problems are nutrition under and malnutrition

A significant proportion of the San live below the poverty line, and line, poverty the below live San the of proportion significant A

San, estimated at around 20, live in the Namibian capital of Windhoek. of capital Namibian the in live 20, around at estimated San,

tries in southern Africa for the purposes of work or education. Only a few a Only education. or work of purposes the for Africa southern in tries

number of San from various groups who have gone to neighboring coun- neighboring to gone have who groups various from San of number

outskirts of sizable towns such as those in Ovamboland. There are a are There Ovamboland. in those as such towns sizable of outskirts

or live in small communities scattered across northern Namibia and on the on and Namibia northern across scattered communities small in live or

farms belonging to other people, where they work as herders and laborers, and herders as work they where people, other to belonging farms

Hai//om, who number some 11,000 people, have their homes on freehold on homes their have people, 11,000 some number who Hai//om,

scale industries (e.g. handicraft sales) and wage labor. Others, like the like Others, labor. wage and sales) handicraft (e.g. industries scale

through a combination of foraging, agriculture, livestock raising, small- raising, livestock agriculture, foraging, of combination a through

Many Namibian San reside in small settlements, earning their living their earning settlements, small in reside San Namibian Many

The Namibian San vary in terms of their adaptations and livelihoods. and adaptations their of terms in vary San Namibian The

District East (the region known formerly as Bushmanland). as formerly known region (the East District

This is the case, for example, in Tsumkwe District West and Tsumkwe and West District Tsumkwe in example, for case, the is This

humans and livestock in a number of areas where San reside today. reside San where areas of number a in livestock and humans

land intrusion and land degradation due to growing populations of populations growing to due degradation land and intrusion land

Kavango, Mbukushu, Herero and Damara. There is a major problem of problem major a is There Damara. and Herero Mbukushu, Kavango,

cially Germans and Afrikaaners) but also Africans, including Ovambo, including Africans, also but Afrikaaners) and Germans cially

past centuries by encroaching populations, not only Europeans (espe- Europeans only not populations, encroaching by centuries past

jority, however, were dispossessed of their land and resources over resources and land their of dispossessed were however, jority,

hoansi in Tsumkwe District East. The ma- The East. District Tsumkwe in hoansi ’ Ju| 1,800 the and Caprivi

own land. These include the approximately 4,000 Khwe in West in Khwe 4,000 approximately the include These land. own

Only a small percentage of the San in Namibia have control over their over control have Namibia in San the of percentage small a Only

Land and livelihood and Land

poverty, cultural rights, leadership and political representation. political and leadership rights, cultural poverty,

a variety of human rights issues related to land, natural resource access, resource natural land, to related issues rights human of variety a

Botswana, South Africa, Zambia and Zimbabwe), the San of Namibia face Namibia of San the Zimbabwe), and Zambia Africa, South Botswana,

Like the indigenous peoples of other countries in southern Africa (Angola, Africa southern in countries other of peoples indigenous the Like

2002, number some 34,000 people in a country of around 1.8 million. 1.8 around of country a in people 34,000 some number 2002,

he San (Bushmen) of Namibia are indigenous peoples who, as of as who, peoples indigenous are Namibia of (Bushmen) San he NAMIBIA 1 2 4 3 10 5 11-12 13

9 7

NAMIBIA SOUTH AFRICA BOTSWANA 1. Khwe (West Caprivi) 7. Nama 10. Ju|’hoansi 2. Hai//om 8. ‡Khomani 11. G||ui, G||ana, Kua 3. Ju|’hoansi 9. !Xun, Khwe 12. Bakgalagadi (Tsumkwe District East) 13. G||ui,G||ana, Tshassi, Teti 4. !Kung, Khwe, and Vasekele (Tsumkwe District West) 5. Ju|’hoansi (Omaheke), 6. !Xoo (Aminuis)

San organizations, leaders and community members, however, the San

see their dependency on the government and outside agencies to be a

major problem and something that they would like to change, promoting •

•

instead economic self-sufficiency. The question facing the San today is •

•

whether or not such goals are realistic given the high unemployment rate • •

• and the lack of formal education amongst the San. •

• 399 • 400 •

•

tional authorities, something that is still a contentious issue. While issue. contentious a still is that something authorities, tional •

•

also sought to have the Namibian government recognize their tradi- their recognize government Namibian the have to sought also •

•

ment recognition of their land and natural resource rights. They have They rights. resource natural and land their of recognition ment •

•

Since the early 1990s, the San of Namibia have sought to gain govern- gain to sought have Namibia of San the 1990s, early the Since

Struggling for their rights their for Struggling

of residents are San. are residents of

camp in Tsumkwe District West, where the majority the where West, District Tsumkwe in camp refugee new a lish

initiated in June 2003. This process will lessen the pressure to estab- to pressure the lessen will process This 2003. June in initiated

anticipated that the repatriation of the Angolan refugees would be would refugees Angolan the of repatriation the that anticipated

It is It repatriated to their former homes in Angola (UNHCR, 2003). (UNHCR, Angola in homes former their to repatriated

said in interviews carried out in February 2003 that they wished to be to wished they that 2003 February in out carried interviews in said

UNHCR refugee camp at Osire and in the smaller camp at Kasava had Kasava at camp smaller the in and Osire at camp refugee UNHCR

struggle in the country. Most of the 21,000-plus refugees in the main the in refugees 21,000-plus the of Most country. the in struggle

UNITA, the main opposition group that has been involved in armed in involved been has that group opposition main the UNITA,

signing of a Peace Accord between the government of Angola and Angola of government the between Accord Peace a of signing

mibia, brought about by the end of hostilities in Angola and the and Angola in hostilities of end the by about brought mibia,

donors that there had been a change in the refugee situation in Na- in situation refugee the in change a been had there that donors

ment of the Osire refugees. The UNHCR Representative informed the informed Representative UNHCR The refugees. Osire the of ment

mibian government went ahead with its plans to undertake resettle- undertake to plans its with ahead went government mibian

donors had indicated that they might withdraw funding if the Na- the if funding withdraw might they that indicated had donors

have supported refugee programs in the country. At an earlier stage, earlier an At country. the in programs refugee supported have

Commissioner for Refugees based in Namibia met with donors who donors with met Namibia in based Refugees for Commissioner

In March, 2003, the Representative of the United Nations High Nations United the of Representative the 2003, March, In

District West by consultants working with WIMSA. with working consultants by West District

nate information and carry out human rights education in Tsumkwe in education rights human out carry and information nate

Hage Geingob on the issue of Osire, and there were efforts to dissemi- to efforts were there and Osire, of issue the on Geingob Hage

San leaders from Tsumkwe District met with then Prime Minister Prime then with met District Tsumkwe from leaders San

stakeholders to the Osire refugee resettlement by a WIMSA consultant. WIMSA a by resettlement refugee Osire the to stakeholders

There were also investigations of the reaction of reaction the of investigations also were There sioner for Refugees. for sioner

undertaken by a consultant for the United Nations High Commis- High Nations United the for consultant a by undertaken

survey of the potential impact of the Osire refugee resettlement was resettlement refugee Osire the of impact potential the of survey

stems from complaints by commercial farmers in the area. In 2001, a 2001, In area. the in farmers commercial by complaints from stems

proposal to move the refugee camp from Osire in central Namibia central in Osire from camp refugee the move to proposal

21,000 refugees in the M the in refugees 21,000 Kata region of Tsumkwe District West. The West. District Tsumkwe of region Kata ’

establishment of a large refugee resettlement facility, with as many as many as with facility, resettlement refugee large a of establishment

eastern Namibia over the past few years has been the possibility of the of possibility the been has years few past the over Namibia eastern

A significant concern of San and other peoples residing in north- in residing peoples other and San of concern significant A Plans for new refugee camp shelved camp refugee new for Plans the Ju|’hoansi leader of Tsumkwe District East in the Otjozondjupa Region, Tsamkxao =Oma, has been recognized, as has John Arnold, leader of the !Kung, Khwe, and Vasekele in Tsumkwe District West, other San leaders, such as those of the Hai-om of northern Namibia, the Khwe in West Caprivi, the Ju|’hoansi in Omaheke, and the !Xoo of Aminuis have not been as fortunate. Efforts continue on the part of San groups and support organizations such as WIMSA to ensure that San leaders receive official government recognition. Challenges continue to face the San in 2002-2003 with respect to land and resource rights. An innovation in Namibian development is the concept of the conservancy. A conservancy is an area of communal land where communities have some control over natural resource management and utilization. They do this through a statutory body that is recognized officially by the government of Namibia, a conservancy committee. While there have been over a dozen conservancies established on communal land in northern Namibia, some of which are in the hands of San communities, there are threats to the long-term viability of these conservancies because of population growth, in-migration of other groups and possible changes in land tenure. Such a situation can be seen in West Caprivi, for example, where the Namibian government announced in 2002 that the West Caprivi Game Reserve would be turned into a national park, the Bwabwata National Park. There will be restrictions placed on where people can live in the national park and on the kinds of activities they can pursue there. For example, people will not be allowed to keep cattle in some parts of the new national park, and there will be limits placed on agricultural activities. The Khwe and !Xu (Vasekele) of West Caprivi are concerned that they will not receive the benefits they have been promised by the Ministry of Environment and Tourism’s Vision for Caprivi plan and that they will potentially be excluded from decision-making in the new national park. The !Kung community of Tsumkwe District West submitted its application for the N/a Jaqna Conservancy to the Ministry of Envi- ronment and Tourism (MET) three and a half years ago. As of mid- 2003, the MET had still not allowed this conservancy to be registered officially. This lack of official recognition poses risks for the populations residing in Tsumkwe District West. Currently, other groups

are moving into the region and utilizing the natural resources. Some

•

non-San water point owners in Tsumkwe District West are preventing •

•

other people from gaining access to water, which is a serious threat •

•

to the well-being of people and their herds of domestic animals. There •

• are also commercial operators entering Tsumkwe District West in •

• 401

• 402

2 See See 2 Anthropological Study on the Potential the on Study Anthropological

Hitchcock, Robert K. 2001. 2001. K. Robert Hitchcock, •

•

Windhoek, Namibia: Legal Assistance Center. Assistance Legal Namibia: Windhoek,

Namibia. •

•

See 1 An Assessment of the Status of the San in San the of Status the of Assessment An Suzman, James. 2001. James. Suzman, • •

•

Notes and References and Notes

poverty-stricken, facing a future with little hope. little with future a facing poverty-stricken,

WIMSA, the San will continue to be marginalized, dispossessed and dispossessed marginalized, be to continue will San the WIMSA,

education programs in Namibia and the support of groups such as such groups of support the and Namibia in programs education

out collaborative, participatory, community-based development and development community-based participatory, collaborative, out

With- which collaborates with them in efforts to promote San rights. San promote to efforts in them with collaborates which

as the Working Group of Indigenous Minorities in Southern Africa, Southern in Minorities Indigenous of Group Working the as

mibia have sought the assistance and support of organizations such organizations of support and assistance the sought have mibia

and development programs. It is for this reason that the San of Na- of San the that reason this for is It programs. development and

face further problems in terms of lack of access to natural resources natural to access of lack of terms in problems further face

If current trends continue in Namibia, some San believe, they will they believe, San some Namibia, in continue trends current If

als who reap the majority of the rewards. the of majority the reap who als

them appear to be increasingly overseen by other groups or individu- or groups other by overseen increasingly be to appear them

Namibia, which they see as being of potential benefit but which to which but benefit potential of being as see they which Namibia,

trends, even in community-based natural resource management in management resource natural community-based in even trends,

sources than other groups in Namibia. They are concerned about the about concerned are They Namibia. in groups other than sources

are marginalized minorities who have less access to rights and re- and rights to access less have who minorities marginalized are

The San feel that they that feel San The ” suffer. who people are We “ say, San many As

Organizing for strength for Organizing

the Okavango and the Cunene Rivers in Namibia. in Rivers Cunene the and Okavango the

s plans for the dams and other water projects on projects water other and dams the for plans s ’ government Namibian

and various non-governmental organizations have protested about the about protested have organizations non-governmental various and

in the not-too-distant future. The governments of Angola and Botswana and Angola of governments The future. not-too-distant the in

Namibian government hopes to go ahead with the facility at some point some at facility the with ahead go to hopes government Namibian

plans for building this dam are on hold for economic reasons, but the but reasons, economic for hold on are dam this building for plans

has sizable numbers of people, including many San. At present, the present, At San. many including people, of numbers sizable has

in Namibia but also in the Okavango Delta region of Botswana, which Botswana, of region Delta Okavango the in also but Namibia in

significant impact on down-stream populations and habitats, not only not habitats, and populations down-stream on impact significant

River, near Popa Falls. This dam would potentially would have a have would potentially would dam This Falls. Popa near River,

Namibia is the proposed construction of a dam on the Okavango the on dam a of construction proposed the is Namibia

Another potential threat facing the Khwe, !Xu, and other San in San other and !Xu, Khwe, the facing threat potential Another

and sold by local people in order to generate income. generate to order in people local by sold and

dicinal plant that is used by local healers and which is also harvested also is which and healers local by used is that plant dicinal

( ’ claw s ’ devil ‘ of search ), a popular me- popular a ), Harpogophytum procumbens Harpogophytum Impact of Refugees in M’Kata, Namibia. Windhoek, Namibia: United Na- tions High Commissioner for Refugees. 3 United Nations High Commissioner for Refugees. 2003. “What Next for Osire Refugees?” Newsletter of the United Nations in Namibia, Issue 1, May, 2003. Windhoek, Namibia: UNHCR. 4 Working Group of Indigenous Minorities in Southern Africa. 2002. Working Group of Indigenous Minorities in Southern Africa (WIMSA) Report on Activities April 2001 to March 2002. Windhoek, Namibia: WIMSA.

BOTSWANA

here are some 48,000 San (Basarwa) in the Republic of Botswana, T the largest San population in the six countries of southern Africa in which San peoples currently reside.1 While the San of Botswana faced a variety of different situations in 2002-2003 in terms of lifestyles and living standards, human rights, political participation, development and health, some generalizations can be made.

Insecurity of land and resource rights

The problem for most San in Botswana is that they have not been able to obtain secure land and resource tenure rights. The reasons for this situation are complex, but they are due in part to the fact that the Botswana government has been unwilling to grant land rights to groups that make claims on the basis of customary rights and traditional livelihoods. The efforts to lay claim to ancestral territories on the basis of ‘indigenousness’, the notion that San peoples were ‘first comers’ or were ‘native to the areas in which they lived,’ have been rejected by the Botswana government, which does not accept the argument that the San or any other group is indigenous.2 An example of this situation can be seen in the case of the Central Kalahari Game Reserve (CKGR), the second largest game reserve in Africa, where the G/ui, G//ana, and some Kua San, along with Bakgalagadi, a non-San population, had resided for generations. For

years, the Botswana government had been trying by different means

3 •

to get these people to move out of the reserve but, until last year • •

•

(2001), some 700 people were still holding on to their traditional land •

•

and lifestyle. However, as mentioned in The Indigenous World 2001- • •

• 403

• 404 from the minerals on the land they occupy. they land the on minerals the from •

•

• s right and ability to extract and benefit and extract to ability and right s ’ compromise the government the compromise •

•

such that the presence of indigenous peoples does not in any way any in not does peoples indigenous of presence the that such •

•

Canada and Australia, Botswana law regarding mineral rights is rights mineral regarding law Botswana Australia, and Canada •

residents of the CKGR. Finally it should also be said that, unlike in unlike that, said be also should it Finally CKGR. the of residents

country when meeting the meeting when country ’ primitive ‘ and backward a be to Botswana

and its fear that tourists would believe would tourists that fear its and ” policy development “ advised

was not the reason for the relocation but rather the government the rather but relocation the for reason the not was s ill s ’

CKGR Negotiating Team, have also maintained that diamond mining diamond that maintained also have Team, Negotiating CKGR

Groups inside Botswana, including many of those involved in the in involved those of many including Botswana, inside Groups

. ” nation the of life the in “ easily more participate could and ment

could benefit from the development opportunities provided by govern- by provided opportunities development the from benefit could

resettlement was to ensure that local people in the Central Kalahari Central the in people local that ensure to was resettlement

government, for its part, has always argued that the reason for the for reason the that argued always has part, its for government,

deposits at Gope, in the western part of the reserve. The Botswana The reserve. the of part western the in Gope, at deposits

of the mining interests of the De Beers group, which has found diamond found has which group, Beers De the of interests mining the of

were being relocated involuntarily outside of the CKGR was because was CKGR the of outside involuntarily relocated being were

zations have claimed that the main reason the San and Bakgalagadi and San the reason main the that claimed have zations

around diamond mining. For many years, some international organi- international some years, many For mining. diamond around

One of the most contentious issues in the CKGR case has revolved has case CKGR the in issues contentious most the of One

The Diamond issue Diamond The

not been filed properly. The case is currently being appealed. being currently is case The properly. filed been not

High Court dismissed the case on a technicality, arguing that it had it that arguing technicality, a on case the dismissed Court High

services so that people could return to their traditional territories. The territories. traditional their to return could people that so services

get the Botswana government to reverse its decisions and resume and decisions its reverse to government Botswana the get

CKGR filed a legal case in the High Court of Botswana in an effort to effort an in Botswana of Court High the in case legal a filed CKGR

In February 2002, the G/ui and G//ana San and Bakgalagadi of the of Bakgalagadi and San G//ana and G/ui the 2002, February In

rations ever since. ever rations

who have been eking out an existence and living on government on living and existence an out eking been have who

they rejoined people who had been resettled on earlier occasions and occasions earlier on resettled been had who people rejoined they

few, large settlements in areas on the periphery of the reserve, where reserve, the of periphery the on areas in settlements large few,

relocated by the Botswana government and the District Councils to a to Councils District the and government Botswana the by relocated

by early 2002, nearly all of the residents of the reserve had been had reserve the of residents the of all nearly 2002, early by

and supporters to engage the Botswana government in discussions, in government Botswana the engage to supporters and

mes. Despite the attempts of the Negotiating Team of CKGR residents CKGR of Team Negotiating the of attempts the Despite mes.

January 2002, thereby virtually forcing people to abandon their ho- their abandon to people forcing virtually thereby 2002, January

ter, health and food distribution) in the CKGR would stop by 31 by stop would CKGR the in distribution) food and health ter,

, the Botswana government finally decreed that all services (wa- services all that decreed finally government Botswana the , 2002 “May I speak?” San standing between a representative of Survival International and Mrs. Nasha, Minister of Lands and Government. The Botswana Guardian, Gaborone, 22 February 2002.

In late 2002 and early 2003, the diamond issue came to the fore again when it became known that another diamond prospecting group – Kalahari Diamonds Ltd – had been granted exploration licenses in different places in Botswana, including the CKGR, and that they had received a loan from the International Finance Corporation (IFC), the private sector development arm of the World Bank Group and a multilateral development and finance institution that, along with the International Development Association (IDA), the World Bank and the International Monetary Fund, makes up part of the United Na- tions family of agencies. However, as pointed out by several observers, there is a big difference between “exploration” and actual “mining”.The whole of Bot- swana is, and has been for decades, apportioned into prospecting blocks (apart from cemeteries and national parks) for which licenses are granted for a period of time, after which they can be reallocated to other companies who may, for instance, be using newer technology (which seems to be the case here). But even if diamonds are found, mining will hardly be undertaken unless it is economically viable. Right now the diamond market is not very lucrative, and this is believed to be one of the reasons why De Beers, despite costly pros-

pecting and development input, has never undertaken any mining

activity in Gope. •

•

However, the situation should be closely monitored. The mineral •

•

prospecting licenses allocated by the Botswana government for areas • •

• inside the Central Kalahari Game Reserve have expanded considerably •

• 405 • 406 • • • •

• water allocations for San communities. San for allocations water •

• revise its plans for the Western Sandveld region to include land and land include to region Sandveld Western the for plans its revise •

organizations and have called upon the Botswana government to government Botswana the upon called have and organizations

in the Western Sandveld have sought the assistance of San support San of assistance the sought have Sandveld Western the in

in the Central Kalahari Game Reserve case. The San and other groups other and San The case. Reserve Game Kalahari Central the in

ple, four times as many people as lost their homes and ancestral lands ancestral and homes their lost as people many as times four ple,

fields. There will be forced relocation of as many as 4,000-5,000 peo- 4,000-5,000 as many as of relocation forced be will There fields.

people who may lose their rights to their land, resources, homes and homes resources, land, their to rights their lose may who people

alternative places for people to live or compensation to be paid to paid be to compensation or live to people for places alternative

lations of the Western Sandveld exists, and no plans are in place for place in are plans no and exists, Sandveld Western the of lations

The possibility of large-scale dispossession of the resident popu- resident the of dispossession large-scale of possibility The

now even these places will be leased out to individual cattle owners. cattle individual to out leased be will places these even now

Remote Area Dweller settlements at places such as Maletswai but Maletswai as such places at settlements Dweller Area Remote

past, efforts were made to establish communal service centers and centers service communal establish to made were efforts past,

ers, face the possibility of eviction from their ancestral lands. In the In lands. ancestral their from eviction of possibility the face ers,

living on the cattle posts, many of whom work for the borehole own- borehole the for work whom of many posts, cattle the on living

points and grazing areas. The problem is that many of the people the of many that is problem The areas. grazing and points

who had boreholes and cattle posts to obtain rights over the water the over rights obtain to posts cattle and boreholes had who

ment of Botswana was going to allow people in the Western Sandveld Western the in people allow to going was Botswana of ment

/ana, Tshassi, and Teti. In 2002, it was announced that the govern- the that announced was it 2002, In Teti. and Tshassi, /ana,

numbers of San peoples, most of them Kua, along with some /Gui, G/ /Gui, some with along Kua, them of most peoples, San of numbers

Use planning exercises in Botswana in the 1970s, contains sizable contains 1970s, the in Botswana in exercises planning Use

under the Tribal Grazing Land Policy (TGLP) and the National Land National the and (TGLP) Policy Land Grazing Tribal the under

of Central District, the largest commercial ranching area designated area ranching commercial largest the District, Central of

gaining access to land and resources. The Western Sandveld region Sandveld Western The resources. and land to access gaining

San in other parts of Botswana have also experienced problems in problems experienced also have Botswana of parts other in San

The Western Sandveld Western The

impact assessments must be required. be must assessments impact

rations in the Central Kalahari, detailed social and environmental and social detailed Kalahari, Central the in rations

Kalahari. Should any decisions be made about opening mining ope- mining opening about made be decisions any Should Kalahari.

carries out its explorations in the concession areas in the Central the in areas concession the in explorations its out carries

should be close monitoring of the activities of the company as it as company the of activities the of monitoring close be should

follow the World Bank standards on indigenous peoples, and there and peoples, indigenous on standards Bank World the follow

pany. The IFC and Kalahari Diamonds Ltd. should be required to required be should Ltd. Diamonds Kalahari and IFC The pany.

prior to the loan agreement between the IFC and the mining com- mining the and IFC the between agreement loan the to prior

CKGR. There was no consultation with the CKGR communities CKGR the with consultation no was There CKGR. since the time of the relocation of the resident populations out of the of out populations resident the of relocation the of time the since Water festival

In December 2002, a water festival was held at Shaikarawe, a community in which the majority of residents are San. This was the community where, only a few years before, the Tawana Land Board and the North West District Council had ruled that the land on which the San lived at Shaikarawe was no longer theirs but rather belonged to a non-San (Mokgalagadi) man who had taken over the water point there with his livestock. With the support of the Trust for Okavango Cultural and Development Initiatives (TOCaDI), a San support organization, the San appealed to the government and, eventually, with the help of DITSH- WANELO, the Botswana Center for Human Rights, they were granted the right to return to Shaikarawe, where they immediately began to dig a well. Water was struck in late 2002, and the people of Shaikarawe were granted a water right by the Tawana Land Board. TOCaDI is also helping San in other communities in Ngamiland to drill boreholes and seek water rights, and it is hoped that the North West District Council and the Botswana government will allow these communities to obtain de jure (legal) rights over water, grazing and land.

Health and well-being

Botswana is considered by the United Nations and the World Health Organization to have one of the highest – if not the highest – rates of HIV/AIDS infection in the world. While they appear at present to have somewhat lower HIV rates than other groups, in part because of their living in remote locations, the San are being increasingly exposed to HIV/AIDS and other sexually transmitted diseases. “It is only a matter of time,” one health worker in Ngamiland said in 2002, “before the San will see the losses of sizable numbers of adults and an expansion in the number of AIDS orphans.” Clearly, more work must be done on HIV/AIDS prevention and treatment, including making antiretroviral (ARV) drugs available to people not just in the cities and towns of Botswana but also in remote rural areas.

New directions in San development

•

An innovative activity of the San of southern Africa, including those •

•

in central and north western Botswana, in the new millennium has • •

• been the mapping of ancestral territories and culturally and histori- •

• 407

• 408

28(4): 797-824. 28(4): Southern African Studies African Southern •

•

• Resources, and Identity in the Central Kalahari, Botswana. Botswana. Kalahari, Central the in Identity and Resources,

Journal of Journal •

• : Land, Natural Land, : ” People First the Are We “ 4 Hitchcock, Robert K. 2002. K. Robert Hitchcock, •

•

and onwards. and •

see information background more For 3 1996-1997 World Indigenous The

Uppsala, Sweden: The Nordic Africa Institute. Africa Nordic The Sweden: Uppsala,

. opment in Botswana, Donor Assistance, and the First People of the Kalahari the of People First the and Assistance, Donor Botswana, in opment

2 The Inconvenient Indigenous: Remote Area Devel- Area Remote Indigenous: Inconvenient The Saugestad, Sidsel. 2001. Sidsel. Saugestad,

Assistance Center. Assistance

. Windhoek, Namibia: Legal Namibia: Windhoek, . of the Status of the San in Southern Africa Southern in San the of Status the of

1 See See 1 An Introduction to the Regional Assessment Regional the to Introduction An Suzman, James, ed. 2001. 2001. ed. James, Suzman,

Notes and references and Notes

” poverty. of sea a in “ it, put woman San hoan ’

land allocation programs, the San will continue to live, as one Ju|- one as live, to continue will San the programs, allocation land

s community-based natural resource management and management resource natural community-based s ’ Botswana in

sometimes in substantial amounts. Unless they are able to participate to able are they Unless amounts. substantial in sometimes

tions have been able to generate income and jobs for their members, their for jobs and income generate to able been have tions

ists as they see fit. Nevertheless, some community-based organiza- community-based some Nevertheless, fit. see they as ists

the income they receive from safari companies, businesses and tour- and businesses companies, safari from receive they income the

munity-based institutions to control their own funds and to disburse to and funds own their control to institutions munity-based

government of Botswana continues to be reluctant to allow the com- the allow to reluctant be to continues Botswana of government

and other natural resources in their areas. The problem is that the that is problem The areas. their in resources natural other and

munity-based institutions that have the right to utilize the wildlife the utilize to right the have that institutions munity-based

programs in Botswana have seen the establishment of over 60 com- 60 over of establishment the seen have Botswana in programs

The community-based natural resource management (CBNRM) management resource natural community-based The

tourism and business could generate. could business and tourism

secure rights to their own land and greater access to the benefits that benefits the to access greater and land own their to rights secure

people, the mapping work gave people the hope that they could gain could they that hope the people gave work mapping the people,

routes in areas where San and other groups live. According to local to According live. groups other and San where areas in routes

also been used in the planning of cultural and nature-based tourism nature-based and cultural of planning the in used been also

of the Tawana Land Board and Sub-Land Boards. These maps have maps These Boards. Sub-Land and Board Land Tawana the of

introduced as exhibits in land and resource claim efforts at meetings at efforts claim resource and land in exhibits as introduced

North West District, the detailed maps of community areas have been have areas community of maps detailed the District, West North

more about past land use and resource management patterns.In management resource and use land past about more

munity members, and have helped instil in people the desire to learn to desire the people in instil helped have and members, munity

They have helped awaken a sense of collective identity among com- among identity collective of sense a awaken helped have They

community mapping efforts on San communities have been profound. been have communities San on efforts mapping community

Geographic Information Systems (GIS) technology. The impacts of the of impacts The technology. (GIS) Systems Information Geographic

instruments and the creation of maps through the application of application the through maps of creation the and instruments cally significant sites using Geographic Positioning Systems (GPS) Systems Positioning Geographic using sites significant cally SOUTH AFRICA

ndigenous peoples in South Africa strengthened their national civil I society structures during 2002. The government of South Africa made slow progress on a number of fronts related to indigenous peoples’ rights, possibly edging towards signing ILO Convention 169.

Indigenous organisations gain strength

Two important national umbrella structures consolidated themselves during the year.The National Khoi-San Consultative Conference (NKCC) groups together all Khoe, San and revivalist Khoesan groups in the country. Its focus is primarily cultural, tipping over into economic development themes. After representation by San groups, the NKCC agreed to place a hyphen between the words Khoe and San to recognise the right of self-determination of San peoples in southern Africa. The NKCC held regular executive meetings and played an important role in co-ordinating indigenous groups participating in the all-important UN World Summit on Sustainable Development (WSSD) held in Johannesburg in August. The leaders of the !Xun, Khwe and ‡Khomani San peoples strengthened the capacity of the South African San Council (SASC). The SASC was formed in November 2001 as a South African “chapter” of the Working Group of Indigenous Minorities in Southern Africa (WIMSA). The council comprises two elected leaders each from the !Xun, the Khwe and the ‡Khomani groups, and is bound by the terms of a constitution. The formation of SASC as a formal organisation was prompted by the need to negotiate an agreement on the Hoodia case in particular, and to take a hand in San people’s rights and interests in general.

Defending intellectual property rights

For the past year, SASC has assumed responsibility for negotiating the

Hoodia deal on behalf of all San. It threatened legal action against the

Centre for Scientific and Industrial Research (CSIR), which had con- •

•

cluded a lucrative deal with international pharmaceutical companies •

•

for the exploitation of a chemical compound found in a local desert • •

• plant, known to the San. SASC, in partnership with WIMSA and the •

• 409

• 410 were not dispossessed as a result of racial discrimination. The Rich- The discrimination. racial of result a as dispossessed not were • •

• not valid in terms of the Restitution Act because the Richtersvelders the because Act Restitution the of terms in valid not •

•

Act. It has also held to the argument that the Richtersveld claim was claim Richtersveld the that argument the to held also has It Act. •

•

s Crown Lands Crown s ’ ment under the terms of the former colonial power colonial former the of terms the under ment •

during the 1920s because it was crown land belonging to the govern- the to belonging land crown was it because 1920s the during

was entitled to transfer ownership of the claimed land to Alexkor to land claimed the of ownership transfer to entitled was

owned diamond mine Alexkor. The government earlier argued that it that argued earlier government The Alexkor. mine diamond owned

its ancestral land, which is now registered in the name of government- of name the in registered now is which land, ancestral its

The Richtersveld community is reclaiming around 85,000 has of has 85,000 around reclaiming is community Richtersveld The

their land after British annexation of the area in 1847. in area the of annexation British after land their

Bloemfontein that the Richtersveld community retained ownership of ownership retained community Richtersveld the that Bloemfontein

fontein government conceded in the Supreme Court of Appeal in Appeal of Court Supreme the in conceded government fontein

Coast took a new, positive turn in February 2003 when the Bloem- the when 2003 February in turn positive new, a took Coast

The Richtersveld issue involving the Nama people of the West the of people Nama the involving issue Richtersveld The

Khomani San. Khomani ‡

Park restored to the original owners of the land, the 1,000 surviving 1,000 the land, the of owners original the to restored Park

that saw 25,000 has of land previously in the Kgalagadi Transfrontier Kgalagadi the in previously land of has 25,000 saw that

southern Kalahari. !Ae!hai is part of a land claim settlement process settlement claim land a of part is !Ae!hai Kalahari. southern

Khomani San people of the of people San Khomani ‡ the to Park Heritage Tail) (Oryx !Ae!hai

Summit on Sustainable Development to rapidly hand over the new the over hand rapidly to Development Sustainable on Summit

The government of South Africa took the opportunity of the UN World UN the of opportunity the took Africa South of government The

Land claims victories claims Land

Africa.

ment officials who continue to think of the San as extinct in South in extinct as San the of think to continue who officials ment

claim to their collective heritage is an important warning to govern- to warning important an is heritage collective their to claim

2003 but the presence of an organised San leadership structure laying structure leadership San organised an of presence the but 2003

of, or benefits to San communities. The negotiations are continuing in continuing are negotiations The communities. San to benefits or of,

venture exploiting ancient San rock art, while excluding any presence any excluding while art, rock San ancient exploiting venture

Province of KwaZulu-Natal, which attempted to open a major tourism major a open to attempted which KwaZulu-Natal, of Province

The other major battle for SASC has been its challenge to the to challenge its been has SASC for battle major other The

alleviation and development initiatives. development and alleviation

profits. Funds are to be channelled to San-controlled regional poverty regional San-controlled to channelled be to are Funds profits.

could potentially see the San earning millions of Rands worth of worth Rands of millions earning San the see potentially could

derived from the !Khoba the from derived s hunger-suppressing compounds, and which and compounds, hunger-suppressing s ’

dependent on Pfizer on dependent s successful marketing of a weight-loss drug weight-loss a of marketing successful s ’

. The settlement was signed in March 2003. It is It 2003. March in signed was settlement The . or , !Khoba Gordonii

property of the San over exploitation of the desert succulent, succulent, desert the of exploitation over San the of property Hoodia

a landmark out-of-court deal recognising the collective intellectual collective the recognising deal out-of-court landmark a South African San Institute (SASI), was finally successful in securing in successful finally was (SASI), Institute San African South tersveld community disputed this, arguing that it was assumed for decades that the Richtersveld people had no right to their land simply because they were an indigenous people. Judgment by the Appeal Court will now follow. According to the government, a ruling in favour of the claimants may put the ownership of all colonised land in South Africa in dispute. Aruling in favour of the Richtersvelders may also be followed by a claim against the privately-owned Transhex diamond mine. Transhex is mining under the terms of a lease agreement with the government on around 40,000 has along the Orange River, within the boundaries of the Richtersveld Reserve. The reserve comprises the eastern part of the area which, by the early 19th century, was being occupied by the Richtersvelders’ forebears. After alluvial diamonds were discovered along the West Coast, the community was gradually moved east- wards and ultimately confined to the reserve, where they live to this very day.2

Standardizing Khoe and San languages

There were a number of advances on the language front. The Northern Cape government expanded its pilot Khoekhoegowab early primary project from one school in the Richtersveld to a second school on the Orange River. Khoekhoegowab is a language spoken by San and non- San and it has been standardised for over a century. Khwe speakers from three countries (South Africa, Namibia and Botswana) entered into discussions with the African Studies Institute of the University of Cologne about an alphabet for their language, Khwedam. The University of Cologne has been actively involved in researching the Khwe language for decades and linguists are producing a dictionary of the language and training Khwe activists in the writing system. A degree of conflict emerged when academics insisted that the alphabet include a series of special symbols not available in ASCII on regular computers. This would have made the Khwe dependent on special software and would prohibit use of emails and Internet. Khwe activists took a policy decision at a WIMSA-sponsored workshop to adopt an alphabet based on the detailed work of Cologne

but technologically appropriate and usable on any computer. Co-

logne academics eventually accepted that there would be two ver- •

•

sions of the alphabet. The conflict, however, raised the issue of how •

•

much say indigenous people have over the work of linguists and in • •

• whose interest such work is conducted. •

• 411

• 412 framework. • •

• constitution. This would then bring the !Xun and Khwe into the same the into Khwe and !Xun the bring then would This constitution. •

•

it to language rights, which are already explicit and particular in the in particular and explicit already are which rights, language to it •

•

, but to contest the criteria and link and criteria the contest to but , ” peoples indigenous vulnerable “ •

The San Council resolved to support the principle of identifying of principle the support to resolved Council San The

ment.

Report of two years previous, which is still embargoed by the Depart- the by embargoed still is which previous, years two of Report

it seemed to be influenced by the SA Human Rights Commission Rights Human SA the by influenced be to seemed it

recommendation were made were not apparent in the document, and document, the in apparent not were made were recommendation

Khomani San and the Nama peoples. The principles by which this which by principles The peoples. Nama the and San Khomani ‡

peoples. The authors recommended that this status be allocated to the to allocated be status this that recommended authors The peoples.

with the traditional leaders of the Black, Bantu-speaking majority Bantu-speaking Black, the of leaders traditional the with

, thus avoiding a conflict a avoiding thus , ”’ peoples indigenous vulnerable “ become

would be modified to modified be would ”’ peoples indigenous “ of concept The system.

tic constitutional context with the mechanisms of the international the of mechanisms the with context constitutional tic

government to adopt a policy framework that would marry the domes- the marry would that framework policy a adopt to government

The final recommendation of the research document called for the for called document research the of recommendation final The

were barely discussed in the report. the in discussed barely were

enous peoples, which are considered central by Nama and San groups, San and Nama by central considered are which peoples, enous

larly poor coverage of San issues. The language issues of the indig- the of issues language The issues. San of coverage poor larly

country. Overall the quality of the research was uneven, with particu- with uneven, was research the of quality the Overall country.

the claims to indigenous status of various interest groups around the around groups interest various of status indigenous to claims the

Provincial and Local Government released the research document on document research the released Government Local and Provincial

lack of political leadership on indigenous issues. The Department of Department The issues. indigenous on leadership political of lack

South African government continued to show slow progress and a and progress slow show to continued government African South

Whereas San and Khoe groups made progress in their struggles, the struggles, their in progress made groups Khoe and San Whereas

Political lethargy Political

ment to engage in a wider programme of place name restitution. name place of programme wider a in engage to ment

!Garib municipality. San and Nama leaders would like the govern- the like would leaders Nama and San municipality. !Garib

now part of ||Harahais municipality, and Keimoes is within Kai within is Keimoes and municipality, ||Harahais of part now

indigenous place names with clicks are in use on maps. Upington is Upington maps. on use in are clicks with names place indigenous

districts. This is the first time in modern South African history that history African South modern in time first the is This districts.

municipalities to adopt original indigenous names for their urban their for names indigenous original adopt to municipalities

The Khoe and San National Language Body helped convince two convince helped Body Language National San and Khoe The

guage development. guage

no government support, despite constitutional guarantees for lan- for guarantees constitutional despite support, government no

ise !Xun. Most of this effort is coming from community activists with activists community from coming is effort this of Most !Xun. ise

hoansi and Naro. Efforts are still underway to standard- to underway still are Efforts Naro. and hoansi ’ Ju| were two Khwedam is only the third San language to be standardised, the first the standardised, be to language San third the only is Khwedam Executive Committee members of the Indigenous Peoples of Africa Co- ordinating Committee (IPACC) met with government officials from Foreign Affairs and the Dept. of Provincial and Local Government. Civil Servants were keen to highlight that the government, once it has adopted a domestic policy on vulnerable indigenous peoples, would be well-placed to provide more vocal support to the UN Draft Declaration on the Rights of Indigenous Peoples and to sign ILO Convention 169. President Mbeki may be looking to fulfil his obligations on this front in the final year of the UN Decade. On the international front, the Commonwealth Policy Studies Unit (CPSU) organised a high profile meeting of African Commonwealth experts to discuss the situation of indigenous peoples in Africa. The October 2002 meeting was held in Cape Town, with the co-operation of the IPACC Secretariat. The Canadian High Commissioner hosted a reception for the guests, who included the African members of the UN’s Permanent Forum on Indigenous Issues, Dr Ayitegan Kouevi and Mrs Njuma Ekundanayo. Mrs Ekundanayo later travelled to the southern Kalahari to visit !Ae!hai Heritage Park and the ‡Khomani elders.

References

1 For more information on the ‡Khomani situation see: www.sanculture.org.za

2 www.news24.com February 18, 2003.

•

• •

• 413 • 414 • • • • • • • •

PART II PART

•

INDIGENOUS RIGHTS • •

•

• •

• 415

416 the case of the Philippines, Vietnam, Malaysia and Thailand. and Malaysia Vietnam, Philippines, the of case the • •

•

as in the case of Bangladesh, Indonesia, India and Nepal, or silent, as in as silent, or Nepal, and India Indonesia, Bangladesh, of case the in as •

•

sent, with the exception of Morocco. Asian countries were either absent, either were countries Asian Morocco. of exception the with sent, •

•

non-governmental organizations. non-governmental African states were completely ab- completely were states African •

1 •

tives from 36 governments, 2 UN organizations and 55 indigenous and indigenous 55 and organizations UN 2 governments, 36 from tives

The meeting was attended by a total of 298 people, including representa- including people, 298 of total a by attended was meeting The

Attendance and procedure and Attendance

remains uncertain. remains

s Indigenous Peoples in 2004, is strong and its future its and strong is 2004, in Peoples Indigenous s ’ World the

at least show some progress by the end of the International Decade of Decade International the of end the by progress some show least at

At the same time, pressure on the WGDD to adopt the Declaration, or Declaration, the adopt to WGDD the on pressure time, same the At

by a sizeable group of governments and some indigenous delegations. indigenous some and governments of group sizeable a by

history of the WGDD, were considered a possible basis for discussion for basis possible a considered were WGDD, the of history

s text which, for the first time in the in time first the for which, text s ’ Declaration the to amendments

months earlier in September 2002. At this meeting Norway proposed Norway meeting this At 2002. September in earlier months

occurred in the light of an informal governmental meeting held 3 held meeting governmental informal an of light the in occurred

A large part of the discussions at the 8 the at discussions the of part large A session of the WGDD the of session

enous positions remain incommensurable. remain positions enous

on indigenous land and resource rights revealed that state and indig- and state that revealed rights resource and land indigenous on

and to acknowledge collective rights, the discussion the rights, collective acknowledge to and ” peoples enous

in that governments are increasingly prepared to use the term term the use to prepared increasingly are governments that in indig- “

slight shifts can be detected with regard to the first cluster of articles of cluster first the to regard with detected be can shifts slight

This report summarizes the debates of the 8 the of debates the summarizes report This session. Although session.

8) and the right to protection in times of conflict (article 11). (article conflict of times in protection to right the and 8)

peoples to identify as indigenous and to be recognized as such (article such as recognized be to and indigenous as identify to peoples

hnocide and cultural genocide (article 7), the right of indigenous of right the 7), (article genocide cultural and hnocide

indigenous peoples to cultural integrity and to protection from et- from protection to and integrity cultural to peoples indigenous

agenda also included a third group of articles relating to the right of right the to relating articles of group third a included also agenda

cluster dealing with land and resource rights (articles 25-30). The 25-30). (articles rights resource and land with dealing cluster

with the right of self-determination (articles 3, 31 and 36), and a and 36), and 31 3, (articles self-determination of right the with

included the core articles of the draft Declaration Declaration draft the of articles core the included a cluster dealing cluster a –

2-13 December 2002, was of great importance because its work plan work its because importance great of was 2002, December 2-13

the Rights of Indigenous Peoples (WGDD), held in Geneva from Geneva in held (WGDD), Peoples Indigenous of Rights the

he 8th session of the Working Group on the Draft Declaration on Declaration Draft the on Group Working the of session 8th he

THE RIGHTS OF INDIGENOUS PEOPLES INDIGENOUS OF RIGHTS THE

GROUP ON THE DRAFT DECLARATION ON DECLARATION DRAFT THE ON GROUP

SESSION OF THE UNITED NATIONS WORKING NATIONS UNITED THE OF SESSION 8 TH The WGDD consisted of 3 formal meetings and 13 informal meetings. On the second to last day of the WGDD, the chair also convened a so- called “informal informal” meeting, which he co-chaired with the chairperson of the indigenous caucus, Alberto Saldamando from the International Indian Treaty Council (IITC). Government meetings, chaired by the Canadian delegate and Permanent Forum member Wayne Lord, were also held every morning. They consisted of attempts, mainly on the part of the CANZUS bloc (Canada, Australia, New Zealand and the US), to redraft the Declaration. Central and South American states were largely absent, while “friendly” states such as Norway and Denmark attended but where much less eager to redraft.

Self-Determination: Articles 3, 31 and 36

State proposals and amendments

The meeting started off with Mexico, Guatemala, Ecuador and Cuba all stating that they would accept the Declaration as currently drafted, including articles 3, 31, and 36 under debate:

Article 3. Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development.

Article 31. Indigenous peoples, as a specific form of exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, including culture, religion, education, information, media, health, housing, employment, social welfare, economic activities, land and resources management, environment and entry by non-members, as well as ways and means for financing these autonomous functions.

Article 36. Indigenous peoples have the right to the recognition, observance, and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors,

according to their original spirit and intent, and to have States

honour and respect such treaties, agreements and other constructive •

•

arrangements. Conflicts and disputes which cannot otherwise be set- •

•

tled should be submitted to competent international bodies agreed to • •

• by all parties concerned. •

• 417

• 418

informal infor- informal ‘ 36 as currently drafted needed to be specified. In the the In specified. be to needed drafted currently as 36 • •

• proposal or the Finnish addition and argued that articles 3, 31 and 31 3, articles that argued and addition Finnish the or proposal •

•

the Russian Federation, however, could not accept the Norwegian the accept not could however, Federation, Russian the •

•

self-determination of their peoples or not. Most CANZUS states and states CANZUS Most not. or peoples their of self-determination •

territorial integrity, regardless of whether they recognize the right of right the recognize they whether of regardless integrity, territorial

article 45 in ways that explicitly granted states an absolute right over right absolute an states granted explicitly that ways in 45 article

posal, Finland suggested alternative language for the Declaration the for language alternative suggested Finland posal, s ’

the Norwegian pro- Norwegian the ’ supplementing and supporting ‘ of way a As

mark, Ecuador, Finland, Guatemala, Mexico, Norway, Peru and Spain. and Peru Norway, Mexico, Guatemala, Finland, Ecuador, mark,

posal was supported by the governments of Costa Rica, Cuba, Den- Cuba, Rica, Costa of governments the by supported was posal

This pro- This ” affairs. local “ phrase the after deleted be 31 article of text

Norwegian proposal comprised the suggestion that the remaining the that suggestion the comprised proposal Norwegian

amendments to articles 19, 20, 21 and 30. The third element of the of element third The 30. and 21 20, 19, articles to amendments

drafted, although its delegation still reserved the right to present to right the reserved still delegation its although drafted,

text, would enable Norway to accept articles 3, 31 and 36 as currently as 36 and 31 3, articles accept to Norway enable would text,

interrelated cluster. This move, together with the new preambular new the with together move, This cluster. interrelated

s articles so that articles 3, 31, 19, 20, 21 and 36 would form an form would 36 and 21 20, 19, 31, 3, articles that so articles s ’ tion

The second move was the reorganization of a number of the Declara- the of number a of reorganization the was move second The

” peoples. of self-determination and rights equal

States conducting themselves in compliance with the principle of principle the with compliance in themselves conducting States

territorial integrity or political unity of sovereign and independent and sovereign of unity political or integrity territorial

action which would dismember or impair, totally or in part, the part, in or totally impair, or dismember would which action

Declaration shall be construed as authorizing or encouraging any encouraging or authorizing as construed be shall Declaration

deny any peoples their right of self-determination, yet nothing in this in nothing yet self-determination, of right their peoples any deny

Bearing in mind that nothing in this Declaration may be used to used be may Declaration this in nothing that mind in Bearing “

would read as follows: as read would

a reference to the 1970 Declaration on Friendly Relations, so that it that so Relations, Friendly on Declaration 1970 the to reference a

first was to have paragraph 15 of the Declaration the of 15 paragraph have to was first s Preamble include Preamble s ’

and proposed a way of keeping article 3 of the Declaration intact. The intact. Declaration the of 3 article keeping of way a proposed and

the cornerstone of the Declaration the of cornerstone the “ . It was made up of three moves, three of up made was It . ”

while at the same time maintaining the right of self-determination as self-determination of right the maintaining time same the at while

government and indigenous delegates and amongst governments, amongst and delegates indigenous and government

attempt to address these concerns and bridge the gap between both between gap the bridge and concerns these address to attempt

to the right of self-determination. The Norwegian proposal was an was proposal Norwegian The self-determination. of right the to

right to land and natural resources is to be regarded as integral as regarded be to is resources natural and land to right ’ ples

entails a right to secession. The second is whether indigenous peo- indigenous whether is second The secession. to right a entails

determination. The first is whether the right of self-determination of right the whether is first The determination.

governments are concerned about two elements of the right of self- of right the of elements two about concerned are governments

Norwegian proposal, which was made in light of the fact that most that fact the of light in made was which proposal, Norwegian However, the attention of the meeting was soon steered towards the towards steered soon was meeting the of attention the However, mal’ session, New Zealand however noted that it would “give very serious consideration to the Norwegian proposal”. Canada proposed to shift parts of Norway’s proposed preambular text into operative article 3 of the Declaration, and also stated that it could not accept article 36 in its current form. The US reiterated its well-known position that it wished to combine articles 3 and 31 and use the concept of “internal self-determination”. This proposal was vehemently opposed by indigenous delegates as well as a number of governments, including the South and Central American countries present (Guatemala, Mexico, Peru, Ecuador, Costa Rica and Cuba), and the Nordic states. Even Australia stated that “internal” was “possibly discriminatory,” while Japan stated that ’internal’ was unnec- essary in the light of the proposed inclusion of aspects of the Friendly Relations Declaration. Most of the arguments marshalled against “internal self-determination” stated that the US proposal was blatantly in conflict with the universal principles of non-discrimination and equality. In fact, the insertion of “internal” would create a new category in international law. Finally, Cree representative Willie Littlechild reminded the WGDD that the concept of “internal self-determination” had also been brought up at the 2002 meeting of the Organization of American States (OAS), and rejected there. Both indigenous and some government delegates reiterated time and again that the drafting should aim to produce an international, aspirational Declaration that should serve to guide further developments in domestic law.

Indigenous reactions to the Norwegian proposal

Indigenous reactions were varied. No consensus was forthcoming, let alone strategically articulated in the plenary. What all indigenous delegates were agreed on was that they would not accept a dilution of the right of self-determination. What they could not agree on was whether the proposed preambular changes actually dilute this or not. The Norwegian government insisted that the inclusion of a new preambular text was a ‘purely tactical move’ to prevent governments from endlessly amending article 3. Their move would not, Norway’s delegation argued, dilute the right of self-determination in the text

because the right of self-determination is already qualified in interna-

tional law. The Saami delegation, like the Haudenosaunee Nation •

•

and the Indian Law Resource Center, also came to this conclusion, •

•

and stated that the new preambular text was redundant but non- • •

• discriminatory. In their eyes, the proposal’s value lay in the fact that •

• 419

• 420

. ” places appropriate the in ’ peoples ‘ of usage the consider to willing “ • •

• For the first time, both the US and the UK conceded that they were they that conceded UK the and US the both time, first the For • •

•

” peoples “ The term term The •

land and natural resources. natural and land

the rights of indigenous peoples to their to peoples indigenous of rights the – Declaration the in stake

would encourage more and more amendments to what is really at really is what to amendments more and more encourage would

that while the Norwegian proposal might keep article 3 intact, it intact, 3 article keep might proposal Norwegian the while that

tion of the Declaration as it stands. Andrea Carmen from the IITC said IITC the from Carmen Andrea stands. it as Declaration the of tion

significantly shifted position and are explicitly arguing for an adop- an for arguing explicitly are and position shifted significantly

at a time when an increasing number of states from their region have region their from states of number increasing an when time a at

larly difficult position because the Norwegian proposal comes right comes proposal Norwegian the because position difficult larly

floodgate to other amendments. These delegations were in a particu- a in were delegations These amendments. other to floodgate

opposed the Norwegian proposal, and argued that it would open the open would it that argued and proposal, Norwegian the opposed

South and Central American delegations as well as the IITC strongly IITC the as well as delegations American Central and South

entail. ” local “ and ” internal “ what exactly clear

in Article 31 by arguing that it would make un- make would it that arguing by 31 Article in ” affairs local “ after

representative Kenneth Deer reacted to the proposed deletion of text of deletion proposed the to reacted Deer Kenneth representative

implications of the proposed clustering of articles, while Mohawk while articles, of clustering proposed the of implications

of the state. Some indigenous delegates were also unsure about the about unsure also were delegates indigenous Some state. the of

linked to secession, could be taken as violating the territorial integrity territorial the violating as taken be could secession, to linked

action on the part of indigenous peoples, even if not even remotely even not if even peoples, indigenous of part the on action

encouraging the territorial break-up of states. In other words, other In states. of break-up territorial the encouraging any

that every single right contained in the Declaration could be read as read be could Declaration the in contained right single every that

tained to the entire Declaration and could be construed as meaning as construed be could and Declaration entire the to tained

warned that the addition in the preambular text, as proposed, per- proposed, as text, preambular the in addition the that warned

t, do not. At the same time, Dalee Sambo Dorough Sambo Dalee time, same the At not. do t, ’ don that those

of self-determination have the right of territorial integrity, whereas integrity, territorial of right the have self-determination of

addition implies that those states that recognize their peoples their recognize that states those that implies addition right ’

Ikaika O Ka Lahui Hawaii argued similarly that the preambular the that similarly argued Hawaii Lahui Ka O Ikaika

right of self-determination of all peoples. Mililani Trask from Na Koa Na from Trask Mililani peoples. all of self-determination of right

puts states under the obligation to be democratic, and to respect the respect to and democratic, be to obligation the under states puts

that its potential lay in the fact that the Friendly Relations Declaration Relations Friendly the that fact the in lay potential its that

Dorough from the Inuit Circumpolar Conference, for example, noted example, for Conference, Circumpolar Inuit the from Dorough

the Norwegian proposal, although ready to consider it. Dalee Sambo Dalee it. consider to ready although proposal, Norwegian the

Many indigenous delegates, however, were more ambivalent about ambivalent more were however, delegates, indigenous Many

number of states into accepting article 3 without amendments. without 3 article accepting into states of number

could create a momentum in the discussion by moving an increased an moving by discussion the in momentum a create could

state fears. The Saami delegation felt that the Norwegian proposal Norwegian the that felt delegation Saami The fears. state it preserved article 3 as it stands, while simultaneously assuaging simultaneously while stands, it as 3 article preserved it While they disagreed that the term “peoples” underlies the entire Declaration, they nevertheless acknowledged that the term “peoples” applies to some articles of the Declaration that contain collective rights. When prompted by indigenous delegates, the US and UK were unable to specify which articles contained collective and which individual rights. Instead, they insisted on an article-by-article discussion of the Declaration, and stated that they would only be able to determine the articles pertaining to collective rights once their language was finalized. However, discussions at the “informal informal” meeting led the Chair to summarize that, in fact, no states, not even the US, disagreed in principle with the term “peoples”. Chávez stated explicitly that “the US objection to ‘peoples’ is not about objecting to the rights of peoples in principle, but about an article-by-article look at the applicability of the term.” Disagreement thus exists over the general applicability of ‘indigenous peoples’ to the entire Declaration but not over whether it should be used at all.

Land and Resource Rights: Articles 25-30

In the “informal informal” session on the second to last day of the WGDD, Australia proposed a new text as a basis for the discussion of articles 25-30, and as a reflection of what its delegate called “the basic common ground amongst States.” This proposed text was explicitly backed by Canada, New Zealand and France. The proposal merged and completely reformulated the articles as they currently stand. It also suggested the rewriting and fusion of articles 26-28 by diluting strong wording, erasing controversial language and diminishing the rights of indigenous peoples while entrenching those of states. Indeed, while many states seem ready to negotiate the meaning and practice of self-determination as a political right that could entail autonomy or self-government, the land and resource question seems unsolvable at present. In fact, as Les Malezer from the Foundation for Aboriginal and Islander Action stated, there exist such wide gaps between proposals on land and resource rights that “positions are at present incommensurable.” Amendments to article 25 were exem-

plary of the changes envisaged by the CANZUS group.

Article 25, which reads: •

•

“Indigenous peoples have the right to maintain and strengthen their • •

• distinctive spiritual and material relationship with the lands, territo- •

• 421

• 422 Forum member Miliani Trask stated that the WGDD, as a human a as WGDD, the that stated Trask Miliani member Forum • •

• sentative from Na Koa Ikaika O Ka Lahui Hawaii and Permanent and Hawaii Lahui Ka O Ikaika Koa Na from sentative •

•

on the Elimination of Racial Discrimination) Committee. The repre- The Committee. Discrimination) Racial of Elimination the on •

•

treaty monitoring bodies such as the HRC and the CERD (Convention CERD the and HRC the as such bodies monitoring treaty •

to take into account recent developments in the jurisprudence of UN of jurisprudence the in developments recent account into take to

and self-determination. and Indigenous delegates, as always, urged states urged always, as delegates, Indigenous

way, Mexico and Canada) to do justice to the indigenous right to land to right indigenous the to justice do to Canada) and Mexico way,

ously instructed this government (as well as the governments of Nor- of governments the as well (as government this instructed ously

Australia that the UN Human Rights Committee (HRC) had previ- had (HRC) Committee Rights Human UN the that Australia

. The IITC reminded the government of government the reminded IITC The . ” rights party third “ to ring

169 refers to the collective rights of indigenous peoples without refer- without peoples indigenous of rights collective the to refers 169

national standards, especially in light of the fact that ILO Convention ILO that fact the of light in especially standards, national

noted that the WGDD could not go below already established inter- established already below go not could WGDD the that noted

n from the Saami Council Saami the from n é hr Å Mathias rights. indigenous of ognition

had been violated by the rec- the by violated been had ” rights party third “ where of example

Indigenous representative Minnie Degawan asked for just one just for asked Degawan Minnie representative Indigenous

” expropriated. or alienated voluntarily been had that “ lands cluding

contemporary private ownership of land needed to be recognized, in- recognized, be to needed land of ownership private contemporary

it was unrealistic to return to pre-colonial land rights, and that instead that and rights, land pre-colonial to return to unrealistic was it

saying that saying ” rights, property private existing recognize “ to need the on

. Canada, France, Australia and the US also insisted also US the and Australia France, Canada, . ” compensation “

, including its natural resources, and the calls for calls the and resources, natural its including , ” environment total “

s broad conceptualization of territory as a as territory of conceptualization broad s ’ Declaration the is third A

[i.e. state and corporate] rights. corporate] and state [i.e. ” party third “ so-called on impinge would

worry that a strong wording of articles 25-30 articles of wording strong a that worry ’ states the is Another

of articles 25-30 and their prescriptive wording. prescriptive their and 25-30 articles of ” nature retrospective “

view of the many problems the states have with the text. One is the is One text. the with have states the problems many the of view

explicit references to specific rights to territories have been removed in removed been have territories to rights specific to references explicit

tional law, and towards states states towards and law, tional indigenous peoples. All peoples. indigenous ” recognizing “

away from indigenous peoples as rights-bearing subjects in interna- in subjects rights-bearing as peoples indigenous from away

it with the much more opaque opaque more much the with it , it also moves emphasis moves also it , ” distinctive “

ituality of indigenous peoples indigenous of ituality relationship with the land, replacing land, the with relationship ’

This reformulation not only explicitly denies the materiality and spir- and materiality the denies explicitly only not reformulation This

ship with the land recognized. land the with ship ”

Indigenous peoples have the right to have their distinctive relation- distinctive their have to right the have peoples Indigenous “

was rewritten in the Australian proposal to read: to proposal Australian the in rewritten was

their responsibility to future generations in this regard. this in generations future to responsibility their ”

traditionally owned or otherwise occupied or used, and to uphold to and used, or occupied otherwise or owned traditionally ries, waters and coastal seas and other resources which they have they which resources other and seas coastal and waters ries, rights standard setting body, was in fact required to take into account the decisions of the HRC, and to base its work on existing and evolv- ing human rights standards. Tim Coulter from the Indian Law Re- source Center reminded the plenary of the recent, legally binding and precedent-setting decision by the Inter-American Court of Human Rights that had ruled that the right of the Mayagna Indian community of Awas Tingni to its lands, natural resources and environment had been repeatedly violated and needed to be addressed by Nicaragua. The Guatemalan government also strongly objected to attempts to domesticate international law, and pledged for a “fearless”reading of the Declaration. The Chair added that the job of the WGDD was to establish international standards that should eventually be reflected in domestic legislation – and not the other way around. He also stressed explicitly that it was in the nature of human rights work to establish standards that would protect victims and not States. The debate surrounding article 29 on indigenous intellectual property rights started with calls on the part of New Zealand, Australia, Russia and the US to postpone the discussion until the World Intel- lectual Property Organization (WIPO), currently dealing with traditional and indigenous knowledge, had come to a resolution. Indig- enous representatives such as Maui Solomon strongly protested because the WIPO process was predicated on the eurocentric nature of the current intellectual property regime. Instead, he went on to argue, there was a need for a human rights framework to deal with these issues. Nevertheless, some indigenous delegates felt that the article had been drafted so long ago that significant changes in the way indigenous peoples and specialists conceptualize this issue had occurred. Organizations such as the Saami Council thus proposed new wording that would do justice to contemporary situations. Many state proposals revealed that their basic intent was to shift emphasis from indigenous peoples’ rights to states’ rights and obligations. In all of the articles pertaining to land and resource rights, states made attempts to deprive indigenous peoples of their status as actors equal in rights and duties to states and other third parties. The US explicitly stated in this regard that indigenous peoples do not have rights under domestic law but rather obligations. As Dalee Sam- bo noted, debates at the WGDD continuously evoked worst case sce-

narios in which indigenous peoples would claim absolute rights to

their natural resources, whereas it was, in reality, states who were •

•

claiming this absolute right. As they had done many times before, •

•

indigenous delegates challenged obstructive states to support their • •

• arguments with reference to contemporary human rights law, some- •

• 423

• 424 emphasis on individual and collective rights was acceptable in light in acceptable was rights collective and individual on emphasis • •

• redundant and did not change the substance of the article, or that the that or article, the of substance the change not did and redundant •

•

live with this change. They either felt that the Canadian proposal was proposal Canadian the that felt either They change. this with live •

•

Alliance and some Asian indigenous delegates said that they could they that said delegates indigenous Asian some and Alliance •

delegations, including the Saami Council, the American Indian Law Indian American the Council, Saami the including delegations,

selves with the Canadian proposal, while a number of indigenous of number a while proposal, Canadian the with selves

xico, New Zealand, Norway, Russia and Switzerland aligned them- aligned Switzerland and Russia Norway, Zealand, New xico,

. The governments of Australia, Denmark, Ecuador, Finland, Me- Finland, Ecuador, Denmark, Australia, of governments The . ” als

indigenous peoples and individu- and peoples indigenous “ with ” peoples indigenous “ tute

self-identification was dominated by a Canadian proposal to substi- to proposal Canadian a by dominated was self-identification

Debate surrounding Article 8 on the right of indigenous people to people indigenous of right the on 8 Article surrounding Debate

the Norwegian suggestion had produced possibilities for agreement. for possibilities produced had suggestion Norwegian the

as had been the case at the 7 the at case the been had as session. The Chair did, however, feel that feel however, did, Chair The session.

discussion with the remark that no common ground had been reached, been had ground common no that remark the with discussion

tion and Punishment of the Crime of Genocide. The Chair closed the closed Chair The Genocide. of Crime the of Punishment and tion

dressed in any instrument other than the Convention on the Preven- the on Convention the than other instrument any in dressed

tional instruments, while the collective right of peoples was not ad- not was peoples of right collective the while instruments, tional

argued that the individual right to life is enshrined in many interna- many in enshrined is life to right individual the that argued

could thus be said to be founded in international law. They also They law. international in founded be to said be thus could

duced in 1991 by experts on ethno-development and ethnocide, and ethnocide, and ethno-development on experts by 1991 in duced

, pro- , é Jos San of Declaration the in contained were ” genocide tural

ethnocide and cul- and ethnocide “ terms the that argued Others Zealand. New by

changes proposed by Norway, as well as other minor ones proposed ones minor other as well as Norway, by proposed changes

Some indigenous delegates felt that they could support the support could they that felt delegates indigenous Some ” ture.

genocide, forced assimilation or the destruction of their cul- their of destruction the or assimilation forced genocide, “ with

Norway thus proposed replacing replacing proposed thus Norway ethnocide and cultural genocide cultural and ethnocide “ ”

both of which they said were not recognized in international law. international in recognized not were said they which of both

were unhappy with the terms terms the with unhappy were , ” genocide cultural “ and ” ethnocide “

session. The CANZUS states in particular in states CANZUS The session. or less reiterated at the 8 the at reiterated less or

already been debated at the 7 the at debated been already WGDD session. Positions were more were Positions session. WGDD

integrity and to protection from ethnocide and cultural genocide, had genocide, cultural and ethnocide from protection to and integrity

Article 7, dealing with the right of indigenous peoples to cultural to peoples indigenous of right the with dealing 7, Article

Articles 7, 8, 11 8, 7, Articles

s human rights treaty bodies. treaty rights human s ’ UN

equality and non-discrimination and the progressive work of the of work progressive the and non-discrimination and equality

domestic problems, while ignoring both the universal principles of principles universal the both ignoring while problems, domestic

man rights law, states argued time and again solely on the basis of basis the on solely again and time argued states law, rights man

the WGDD must produce a document founded on international hu- international on founded document a produce must WGDD the thing the latter were unable to do. Instead, and despite the fact that fact the despite and Instead, do. to unable were latter the thing of the fact that it did treat both individual and collective rights as equal. They also noted that individual and collective rights would in any case be balanced according to local situations and contexts. Other delegations, such as the International Indian Treaty Council, Na Koa Ikaika O Ka Lahui Hawaii, the Indigenous World Association and the Consejo de Todas Las Tierras Mapuche strongly argued that Cana- da’s proposal did change the article’s substance, elevating the rights of individuals to those of the collectivity, whereas it was the latter that was supposed to be protected in this Declaration. The Chair, in his summary statement, noted that this was the first time that a proposal for alternative language had found a significant amount of support amongst both government and indigenous delegations, and that “great progress had been made here”. The discussion of article 11 on the protection of indigenous peoples in periods of armed conflict was postponed by the Chair after it became clear that states were insisting on tinkering with the text and that no agreement could be reached. Once again, however, a number of indigenous delegates stated that they could live with changes if they were minor and non-discriminatory.

Summary and conclusions

This meeting confirmed the strong stance increasingly being taken by some South and Central American governments. The meeting also, however, confirmed the intransigence of the CANZUS states, none of whom made proposals that were acceptable to indigenous delegates. In fact, some of the proposals made by this group were unacceptable to a number of government delegates, as the debate surrounding “internal self-determination” clearly showed. This increased polari- zation amongst governments was matched by an increased polariza- tion amongst indigenous delegates. For the first time in the history of the WGDD, however, a governmental proposal - the Norwegian proposal – seemed to have the potential to become a basis for discussion for a number of governments and some indigenous delegations. This meeting also revealed the fundamental disconnection that exists for most states between the political and economic aspects of

the right of self-determination. While the South and Central American

governments in particular spoke of their domestic efforts to promote •

•

pluri-nationalism, decentralization and autonomy, and while it se- •

•

emed that some other states such as Sweden, Finland and Norway were • •

• ready to consider self-determination as the right of a people to freely •

• 425

426 CCPR/C/79/Add.105. •

•

2 See UN documents CCPR/C/79/Add.112, CCPR/C/79/Add.109, and CCPR/C/79/Add.109, CCPR/C/79/Add.112, documents UN See 2 •

•

www.unhchr.ch •

•

the Office of the High Commissioner for Human Rights: Human for Commissioner High the of Office the •

•

1 For attendance list and report, see E/CN.4/2002/92 on the website of website the on E/CN.4/2002/92 see report, and list attendance For 1 •

Notes

in the plenary. the in ❑

find some common ground and avoid openly contradicting each other each contradicting openly avoid and ground common some find

of some of the government proposals within the caucus, in order to order in caucus, the within proposals government the of some of

enous delegates to discuss the exact legal and political implications political and legal exact the discuss to delegates enous

ing cleavage. An advisory group, in contrast, might enable indig- enable might contrast, in group, advisory An cleavage. ing

fundamental right of self-determination) will develop into a devastat- a into develop will self-determination) of right fundamental

articles and those who would consider changes (without violating the violating (without changes consider would who those and articles

ent opinions in the caucus between those who oppose any changes to changes any oppose who those between caucus the in opinions ent

other in the plenary. The long-term implications may be that the differ- the that be may implications long-term The plenary. the in other

strategy during the WGDD. Instead, they openly contradicted each contradicted openly they Instead, WGDD. the during strategy

this was that the indigenous caucus was unable to present a unified a present to unable was caucus indigenous the that was this

because they distrusted its legitimacy. The immediate implication of implication immediate The legitimacy. its distrusted they because

they did not want this group to speak on behalf of the caucus and caucus the of behalf on speak to group this want not did they

number of indigenous persons were opposed to such a group because group a such to opposed were persons indigenous of number

body during the meeting. This is partly explained by the fact that a that fact the by explained partly is This meeting. the during body

Geneva session and was only able, to a limited extent, to work as a as work to extent, limited a to able, only was and session Geneva

The advisory group, however, did not manage to meet before the before meet to manage not did however, group, advisory The

was precisely what happened in Geneva in December 2002. December in Geneva in happened what precisely was

enous delegates present to take a position on a number of issues. This issues. of number a on position a take to present delegates enous

would start to speed up the drafting process and thus force the indig- the force thus and process drafting the up speed to start would

decision was taken in anticipation of a situation in which governments which in situation a of anticipation in taken was decision

provide advice to the caucus and lend legal support in other ways. This ways. other in support legal lend and caucus the to advice provide

to establish such a group to consider the drafting of the Declaration, the of drafting the consider to group a such establish to

York in May this year, a number of indigenous persons present decided present persons indigenous of number a year, this May in York

advisory group. During the meeting of the Permanent Forum in New in Forum Permanent the of meeting the During group. advisory

One way forward might be to draw on the expert advice of an of advice expert the on draw to be might forward way One

the rights to lands and resource that indigenous peoples claim. peoples indigenous that resource and lands to rights the

proposal made by Australia did not even remotely cover any of any cover remotely even not did Australia by made proposal ” mary

tection of their rights under article 25-30, largely because the the because largely 25-30, article under rights their of tection sum- “

egates, in the meantime, acted unanimously when it came to the pro- the to came it when unanimously acted meantime, the in egates,

Guatemala, repeatedly mentioned mentioned repeatedly Guatemala, third party rights party third “ . Indigenous del- Indigenous . ”

countries were able to accept articles 25-30 as drafted others, including others, drafted as 25-30 articles accept to able were countries

rights remains extremely difficult and contested. Even though some though Even contested. and difficult extremely remains rights determine its relationship to the state, the question of land and resource and land of question the state, the to relationship its determine THE FIRST SESSION OF THE UN PERMANENT FORUM ON INDIGENOUS ISSUES

he first session of the Permanent Forum on Indigenous Issues took T place at the UN headquarters in New York from 13 to 24 May 2002. More than 600 people participated in this historic event, including more than 300 indigenous representatives, State delegations, UN bodies and agencies. At its first session, the expert members of the Permanent Forum chose Ole Henrik Magga (a Saami from Norway) to be President for the first year. Four Vice-Presidents were also elected: Antonio Jacanamijoy (Colombia), Njuma Ekundanayo (Democratic Republic of Congo), Par- shuram Tamang (Nepal) and Mililani Trask (USA). Willie Littlechild (Canada) was elected as the Permanent Forum’s rapporteur.

Two main issues

There were two main issues on the agenda of this first session:

• The general declarations of observers • A review of the activities of the UN system.

Under the agenda point “General Declarations”, the Permanent Fo- rum heard state and indigenous delegates speak on a wide variety of issues. Some of the declarations from indigenous representatives were of a general nature, presenting a wide range of issues relating to the difficulties and discrimination faced by indigenous communities and peoples, whilst others made specific recommendations to the members of the Permanent Forum. The discussions on a review of the activities of the UN system focused on the following issues: economic and social development, environment, health, education and culture, and human rights. A large number of UN specialised agencies and other bodies were invited by the President of the Permanent Forum to present their work

and programmes in relation to indigenous peoples. There were in-

terventions, among others, from the World Bank, UNDP, ILO, UN-Habi- • •

•

tat, UNEP and the Secretariat of the Convention on Biological Diversity, •

•

the UN Population Fund, UNICEF, WHO, UNESCO and OHCHR. These •

• •

• 427

• 428 work plan of the Permanent Forum. Permanent the of plan work • •

•

be a central issue, separate and permanent, in the agenda and agenda the in permanent, and separate issue, central a be •

• s issues to issues s ’ people young and s ’ children indigenous for need The

• •

•

s indigenous peoples. indigenous s ’ world •

publication be produced every three years on the status of the of status the on years three every produced be publication

regard, the reports of the Permanent Forum recommend that a UN a that recommend Forum Permanent the of reports the regard,

The gathering of information on indigenous organisations. In this In organisations. indigenous on information of gathering The •

The need for strengthened communication with other UN bodies. UN other with communication strengthened for need The •

enous peoples. enous

promote coordination of its work on issues directly affecting indig- affecting directly issues on work its of coordination promote

The need to gather information within the UN system in order to order in system UN the within information gather to need The •

linked directly to the ECOSOC Secretariat. ECOSOC the to directly linked

The need for an adequately constituted and financed Secretariat, financed and constituted adequately an for need The •

s report: s ’ meeting

The following are some of the priority issues that can be found in the in found be can that issues priority the of some are following The

Priority issues Priority

necessary for holding the first and second sessions. second and first the holding for necessary

budget granted by the UN to the Forum was that which was strictly was which that was Forum the to UN the by granted budget

this first session to draw up a real plan of work. Until then, the only the then, Until work. of plan real a up draw to session first this

and for the running of its own secretariat, made it quite difficult for difficult quite it made secretariat, own its of running the for and

The lack of financial resources for the Forum, both for activities for both Forum, the for resources financial of lack The

indigenous professionals. indigenous

tions indicated a desire to see a Secretariat made up of a team of team a of up made Secretariat a see to desire a indicated tions

health, education and culture. The majority of indigenous interven- indigenous of majority The culture. and education health,

rights but also economic and social development, the environment, the development, social and economic also but rights

Forum has a mandate to deal with issues not only related to human to related only not issues with deal to mandate a has Forum

Rights. The main argument given for this was that the Permanent the that was this for given argument main The Rights.

Secretariat and not to the Office of the High Commissioner for Human for Commissioner High the of Office the to not and Secretariat

the interventions made, should be directly linked to the ECOSOC the to linked directly be should made, interventions the

regular budget of the United Nations. This secretariat, according to according secretariat, This Nations. United the of budget regular

Forum to have its own Secretariat, adequately financed out of the of out financed adequately Secretariat, own its have to Forum

sentatives and members of the Permanent Forum was the need for the for need the was Forum Permanent the of members and sentatives

One of the issues that was repeatedly raised by indigenous repre- indigenous by raised repeatedly was that issues the of One

grammes in relation to indigenous peoples. indigenous to relation in grammes

constructive dialogue on how to strengthen the UN agencies UN the strengthen to how on dialogue constructive pro- ’

resentatives of the UN agencies and bodies, which gave rise to a to rise gave which bodies, and agencies UN the of resentatives

answers between the members of the Permanent Forum and the rep- the and Forum Permanent the of members the between answers

interventions were followed by a brief brief a by followed were interventions of questions and questions of ” dialogue “ Indigenous rights in the areas of, among others, health, intellectual property, human rights and genetic resources also received special consideration from the Permanent Forum. Access to education systems and language learning were also the object of special consideration, along with conservation of the environments upon which indigenous peoples’ lives depend. The Forum also urged the countries to ratify a number of international instruments such as International Labour Organisation (ILO) Conven- tion 169 and encouraged the states to adopt the UN Draft Declaration on the Rights of Indigenous Peoples before the end of the Decade. With regard to the location and date of its next session, the Forum recommended that ECOSOC decide to hold it once more at the UN headquarters in New York during the period April-May 2003. After two weeks of deliberations, the first session of the Permanent Forum came to an end with a declaration from the UN Secretary- General. In his speech, Mr. Kofi Annan began by welcoming the indigenous peoples into ‘the family of the United Nations’ and said to all indigenous peoples of the world, “You have a home in the United Nations”. The indigenous peoples, he said, have hopes, rights and aspirations that could and must be addressed by the Organisa- tion, as well as knowledge and skills that could help the international community in its goals of development and peace.

Recent developments

The efforts of the indigenous peoples, and particularly the members of the Permanent Forum, to ensure that this new body will, like other UN bodies, have its own Secretariat with which to implement its mandate adequately, have borne fruit. Following the recommendations made by the Permanent Forum to ECOSOC, in December 2002, the General Assembly decided to ask the Secretary-General to establish a Secretariat within the Department of Economic and Social Affairs (DESA) to assist the Permanent Forum on Indigenous Issues and with the aim of enabling this body to carry out its mandate. The General Assembly also asked the Secretary-General to estab-

lish a Voluntary Fund for the Forum with the aim of funding imple-

mentation of the recommendations made by the Forum through the •

•

Economic and Social Council. •

•

Following these recommendations of the General Assembly, the • •

• Vice Secretary-General of the United Nations for Economic and Social •

• 429 • 430 • • • • • •

•

Web site: www.un.org/esa/socdev/pfii/ site: Web

Email: [email protected] Email:

Telephone: + 1 917 367 5100 / Fax: / 5100 367 917 1 + Telephone:

USA

New York, NY 10017 NY York, New

United Nations Headquarters Nations United

DC2-1772

Department of Economic and Social Affairs Social and Economic of Department

Secretariat of the Permanent Forum on Indigenous Issues Indigenous on Forum Permanent the of Secretariat

Secretariat, its contact details are the following: the are details contact its Secretariat,

For anyone wishing to communicate with the Permanent Forum Permanent the with communicate to wishing anyone For s ’

enjoys the conditions necessary to fulfil its role within the system. the within role its fulfil to necessary conditions the enjoys ❑

taken a hugely important step towards ensuring that this new body new this that ensuring towards step important hugely a taken

ment to indigenous peoples and to the Permanent Forum and has and Forum Permanent the to and peoples indigenous to ment

s own Secretariat, the United Nations has re-affirmed its commit- its re-affirmed has Nations United the Secretariat, own s ’ rum

With the Secretary-General the With s establishment of the Permanent Fo- Permanent the of establishment s ’

to be held in New York from 12 to 23 May. 23 to 12 from York New in held be to

sponsible for organising the second session of the Permanent Forum, Permanent the of session second the organising for sponsible

communication networks and already has a Web site. It will be re- be will It site. Web a has already and networks communication

The Secretariat is in the process of establishing its offices and offices its establishing of process the in is Secretariat The

programme of the Permanent Forum. Permanent the of programme

the Permanent Forum and will coordinate the activities of the work the of activities the coordinate will and Forum Permanent the

In addition, the Secretariat will administer the Voluntary Fund for Fund Voluntary the administer will Secretariat the addition, In

enable it to implement its mandate. its implement to it enable

assistance to the Permanent Forum on Indigenous Issues in order to order in Issues Indigenous on Forum Permanent the to assistance

It is the Secretariat the is It s job to provide technical and administrative and technical provide to job s ’

the Division for Social Policy and Development of DESA. of Development and Policy Social for Division the

Permanent Forum on Indigenous Issues as a dependent office within office dependent a as Issues Indigenous on Forum Permanent Affairs finally established, in February 2003, the Secretariat of the of Secretariat the 2003, February in established, finally Affairs THE SPECIAL RAPPORTEUR VISITS THE PHILIPPINES

“I cannot promise you anything but to bring your message through...”

his was the assurance given to indigenous peoples by Dr. Rodolfo T Stavenhagen, the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, when he visited the Philippines from December 2 to 11, 2002. The Special Rapporteur (SR) has kept his promise. On March 5 2003, on the occasion of its fifty-ninth session, Dr. Stavenhagen submitted his final report to the Commission on Human Rights. Having travelled with the entourage of the SR’s mission, I can confidently say that the report vividly and truthfully captures the testimonies of the indigenous peoples that he met during his rigorous ten-day visit. The document itself is a compelling chronicle of the human rights situation of indigenous peoples. On reading the report, one can virtually hear the voices of the people who have so long been silenced by the dominant forces of state, military and big business corporations. This article has two objectives. One, to explain the process that led to the successful visit of the SR to the Philippines and the role of indigenous peoples in this process. By doing so, we hope that indigenous peoples from other countries may learn and draw lessons from our experience. Second, to validate the report of the SR, which unfortunately has been brazenly and maliciously dismissed by the Philip- pine government as nothing more than “fabricated facts”. This article contains narratives from the indigenous peoples who met with the SR.

Making it happen

The Special Rapporteur’s visit to the Philippines was made possible by the invitation of the government of the Republic of the Philippines. Indigenous peoples’ organizations also undeniably played a significant role in making the visit happen. The idea was born during the “National Indigenous Peoples’

Workshop on Indigenous Peoples’ Rights Act and Development”,

which was held in February 2002 in Cagayan de Oro City in Min- •

•

danao. Indigenous participants in the workshop reported several •

•

cases of human rights violations. This pushed the workshop to form • •

• a resolution asking the Philippine government, through the National •

• 431

• 432 because, according to them, these were subjects of the Special 1503 Special the of subjects were these them, to according because, • •

• boanga del Sur. These were rejected by the Philippine government Philippine the by rejected were These Sur. del boanga •

•

were Dalupirip, Itogon in the province of Benguet and Siocon, Zam- Siocon, and Benguet of province the in Itogon Dalupirip, were •

•

organizations ’ The first areas proposed by indigenous peoples indigenous by proposed areas first The •

. ” touristy “ rather proposal NCIP the found they as request, ’ peoples

him. This itinerary was later revised on the basis of the indigenous the of basis the on revised later was itinerary This him.

Indigenous Peoples (NCIP). The NCIP prepared a travel itinerary for itinerary travel a prepared NCIP The (NCIP). Peoples Indigenous

Unit, as well as the National Commission on Commission National the as well as Unit, ’ Peoples Indigenous

the SR and the UN Office of the High Commissioner on Human Rights, Human on Commissioner High the of Office UN the and SR the

Victoria Tauli-Corpuz was also in constant communication with communication constant in also was Tauli-Corpuz Victoria

gional and national consultations. national and gional

to be used to bring the mission to the communities and to hold re- hold to and communities the to mission the bring to used be to

enous Affairs (IWGIA) who responded positively to provide the funds the provide to positively responded who (IWGIA) Affairs enous

ant, she also approached the International Work Group for Indig- for Group Work International the approached also she ant,

sions was limited to the immediate expenses of the SR and his assist- his and SR the of expenses immediate the to limited was sions

been informed that the United Nations budget for this kind of mis- of kind this for budget Nations United the that informed been

determine which areas the Special Rapporteur should visit. Having visit. should Rapporteur Special the areas which determine

organizations and civil society groups to groups society civil and organizations ’ peoples indigenous with

returned to the Philippines, she immediately held several meetings several held immediately she Philippines, the to returned

When the Executive Director of Tebtebba, Victoria Tauli-Corpuz, Victoria Tebtebba, of Director Executive the When

tion.

International Centre for Policy Research and Educa- and Research Policy for Centre International ’ Peoples enous

assigned this role to Tebtebba, the (Baguio) Philippine-based Indig- Philippine-based (Baguio) the Tebtebba, to role this assigned

should be involved in the preparations. The Philippine delegation Philippine The preparations. the in involved be should

Dr. Stavenhagen expressed his desire that an NGO in the Philippines the in NGO an that desire his expressed Stavenhagen Dr.

sayagan (Manobo), Onsino Mato (Subanen) and Jojie Carino (Ibaloi). Carino Jojie and (Subanen) Mato Onsino (Manobo), sayagan

delegation included Victoria Tauli-Corpuz (Kankanaey), Jimid Man- Jimid (Kankanaey), Tauli-Corpuz Victoria included delegation

pines and discussed the preparations for the mission. The indigenous The mission. the for preparations the discussed and pines

enous Populations, the SR met with the delegation from the Philip- the from delegation the with met SR the Populations, enous

In July 2002, during the session of the UN Working Group on Indig- on Group Working UN the of session the during 2002, July In

violations of their human rights and fundamental freedoms. fundamental and rights human their of violations

enous people themselves and their communities and organizations, on organizations, and communities their and themselves people enous

cations from all relevant sources, including government and indig- and government including sources, relevant all from cations

[T]o gather, request, receive and exchange information and communi- and information exchange and receive request, gather, [T]o

wanted to fulfil his mandate, which included, among other things: other among included, which mandate, his fulfil to wanted

to visit the country. Preparations promptly began. The SR clearly SR The began. promptly Preparations country. the visit to

Mission in Geneva, issued an official invitation in around May 2002 May around in invitation official an issued Geneva, in Mission

Subsequently, the Philippine government, through the Philippine the through government, Philippine the Subsequently,

take a mission here. mission a take Commission on Indigenous Peoples (NCIP), to invite the SR to under- to SR the invite to (NCIP), Peoples Indigenous on Commission procedure.1 The Office of the High Commissioner for Human Rights (OHCHR) consulted the legal department and was told that there was no ruling preventing a Special Rapporteur from visiting places subject to SP 1503. The Philippine government questioned this opinion and asserted that these places could not be visited. In consultation with indigenous peoples’ organizations, Tebtebba changed the places to Mankayan, Benguet and Agusan del Sur. This was acceptable to the Philippine government. Preparations by the Tebtebba and indigenous peoples’ organizations therefore continued. The Philippine government procrastinated. The Indigenous Peoples’ Unit waited for the final official letter from the Philippine government to give the go-ahead for the Special Rapporteur to proceed. But, until November 22, 2002, no such letter arrived. Ms. Tauli-Corpuz followed this up with Mr. Dennis Le- patan, the person assigned to deal with these matters at the Geneva Philippine Mission, on November 18, 2002. Mr. Lepatan said that until he got a letter from the capital he could not give the go-ahead to the OHCHR. It turned out that the NCIP’s Executive Director, Atty. Evelyn Dunuan, had written to the Department of Foreign Affairs (DFA) suggesting that the mission be postponed, mainly on the basis that “they have not been involved in the whole process“. Ms. Tauli-Corpuz immediately wrote to Atty. Evelyn Dunuan and Ambassador Delia Albert, Under-Secretary of Foreign Affairs, requesting that the Philippine government should give the go-ahead. Ms. Tauli-Corpuz said that all the necessary preparations had been made, from the local indigenous communities to the OHCR in Geneva. Ambassador Albert favorably responded to the request of Ms. Tauli- Corpuz. On November 26, 2002, the DFA convened a meeting with various government agencies and Tebtebba to thrash out the issues and coordinate the activities. The Philippine government decided to push through with the mission.

The Mission

The Special Rapporteur’s mission to the Philippines was unprecedented. This was the first time that a UN Special Rapporteur’s visit

had been coordinated not only by the government but also by an

indigenous peoples’ organization (Tebtebba). The involvement of an •

•

NGO/IPO in the whole process facilitated the direct dialogue be- •

•

tween the SR and the indigenous peoples, especially the victims of • •

• human rights violations themselves. This resulted in a series of fruit- •

• 433

• 434 do not favor the indigenous peoples entirely. peoples indigenous the favor not do • •

• as the Mining Act of 1995) and because IPRA itself contains laws that laws contains itself IPRA because and 1995) of Act Mining the as •

•

particularly because it may enter into conflict with other laws (such laws other with conflict into enter may it because particularly •

•

found that its adequate implementation is still an unfulfilled promise, unfulfilled an still is implementation adequate its that found •

Rights Act (IPRA). But the SR the But (IPRA). Act Rights ’ Peoples Indigenous the peoples, enous

The Philippines is the only country in Asia that has a law on indig- on law a has that Asia in country only the is Philippines The

Legal deception Legal

” marginalized. and against

the indigenous peoples have been largely excluded, discriminated excluded, largely been have peoples indigenous the

being full and equal partners in the construction of the modern nation, modern the of construction the in partners equal and full being

indeed, far from far indeed, “ that, revealed Stavenhagen Dr. 2002, 11, December

characterize these populations. During the press conference held on held conference press the During populations. these characterize

high rates of poverty and low levels of human development that development human of levels low and poverty of rates high

of living of its indigenous cultural communities or to overcome the overcome to or communities cultural indigenous its of living of

The Philippine nation-state has done little to improve the standards the improve to little done has nation-state Philippine The

have, for a long time, been ignored by mainstream Philippine society. Philippine mainstream by ignored been time, long a for have,

s main finding was that indigenous peoples indigenous that was finding main s ’ Rapporteur Special The

Findings

the President of the Chamber of Mines of the Philippines. the of Mines of Chamber the of President the

the University of the Philippines and other academic institutions, and institutions, academic other and Philippines the of University the

of Butuan, the President and members of the academic community of community academic the of members and President the Butuan, of

the Role of Filipino Women. The SR also met with the Catholic Bishop Catholic the with met also SR The Women. Filipino of Role the

on Indigenous Peoples (NCIP), and the Chair of the Commission on Commission the of Chair the and (NCIP), Peoples Indigenous on

Commissioners and Executive Director of the National Commission National the of Director Executive and Commissioners

Adviser on Peace, the Chair of the Commission for Human Rights, the Rights, Human for Commission the of Chair the Peace, on Adviser

tional Defense, the Co-Vice Chair of Task Force 63, the Presidential the 63, Force Task of Chair Co-Vice the Defense, tional

Department of Justice, the Under-Secretary of the Department of Na- of Department the of Under-Secretary the Justice, of Department

Environment and Natural Resources, the Under-Secretary of the of Under-Secretary the Resources, Natural and Environment

government officials, including the Secretary of the Department of Department the of Secretary the including officials, government

Province and Butuan in Mindanao. In Manila, he met with senior with met he Manila, In Mindanao. in Butuan and Province

key cities of Manila and Baguio, as well as Mankayan in Benguet in Mankayan as well as Baguio, and Manila of cities key

The mission was quite hectic and thorough. The SR visited the visited SR The thorough. and hectic quite was mission The

taking the SR to tourist areas. tourist to SR the taking

government itinerary of mainly showcasing its its showcasing mainly of itinerary government good practices good ’ and ’

would not have been the case had the mission followed the usual the followed mission the had case the been have not would ful consultations, ultimately leading to a straightforward report. This report. straightforward a to leading ultimately consultations, ful During the meeting with KAMP on December 4, 2002, Mr. Windel Bolinget, Secretary General of the Cordillera Peoples’ Alliance (CPA) told the SR that the IPRA was flawed on three counts. First, it continues to uphold the Regalian Doctrine, a colonial legacy and legal fiction that assumes that Philippine lands are owned by the King and, subsequently, the State. Second, the IPRA does not repeal oppressive land laws and third that, based on the experience of indigenous communities in the Cordillera, the IPRA has proved to be a problem rather than a solution to the historic problems of indigenous peoples. Atty. Marvic Leonen, a legal luminary on indigenous peoples’ rights, said during the National Consultation on Indigenous Peoples’ Rights held on December 10, 2002 that the IPRA was a “heavily compromised law”. He gave three reasons for this analysis. One, the IPRA inherited a (huge but largely inefficient) bureaucracy from the defunct Office of Northern Cultural Communities (ONCC) and Office of Southern Cultural Communities (OSCC). Two, it does not offer any fundamental solution to the conflict between customary law and state law. Three, “IPRA is an analgesic. It directs attention away from the significant issues confronting indigenous peoples”. The SR aptly observed that the National Commission on Indig- enous Peoples (NCIP), the primary government agency responsible for the formulation and implementation of policy, plans and programmes to promote and protect the rights and well-being of indigenous peoples, “has not been able to live up to the expectations and aspirations of indigenous peoples regarding the full implementation of IPRA. This results in part from insufficient funding, bureaucratic hitches, and the inexperience of NCIP itself, as well as delays in implementation.”

Development aggression

The SR reports that many communities resist being forced or pres- sured into development projects that destroy their traditional economy, community structures and cultural values, a process that has been described as “development aggression”. The SR received reports of serious human rights violations regard-

ing the implications for indigenous communities of economic activi-

ties such as logging, mining, the building of dams, commercial plan- •

•

tations and other development projects. •

•

The testimonies of several indigenous peoples that I heard during • •

• the meetings support the SR’s conclusion. I was witness to an exten- •

• 435

• 436 individual soldiers and three attempted rapes. attempted three and soldiers individual •

•

• including two gang rapes, seven rapes by rapes seven rapes, gang two including ” opportunism, sexual “ of of •

•

provinces of Kalinga and Abra alone. There have also been 25 cases 25 been also have There alone. Abra and Kalinga of provinces •

•

have been 99 women and 119 children abandoned by soldiers in the in soldiers by abandoned children 119 and women 99 been have •

and submitted to the SR revealed that, from 1986 to the present, there present, the to 1986 from that, revealed SR the to submitted and

s Education and Resource Center (CWERC) Center Resource and Education s ’ Women Cordillera the by

dren. For example, extensive research and documentation undertaken documentation and research extensive example, For dren.

Militarization has adversely affected indigenous women and chil- and women indigenous affected adversely has Militarization

national legislation and international human rights law. rights human international and legislation national

in legitimate protest or the defense of their rights, in violation of violation in rights, their of defense the or protest legitimate in

prosecuted for terrorist activity simply because of their involvement their of because simply activity terrorist for prosecuted

There were also reports of indigenous people being accused of and of accused being people indigenous of reports also were There

ing indigenous peoples into specified locations against their will). their against locations specified into peoples indigenous ing

mentioned to the SR, including the practice of hamletting (congregat- hamletting of practice the including SR, the to mentioned

The militarization of a number of indigenous areas was repeatedly was areas indigenous of number a of militarization The

complaints about such alleged violations. alleged such about complaints

courts or by the relevant government agencies when they file their file they when agencies government relevant the by or courts

victims claim that they do not receive due process and justice in the in justice and process due receive not do they that claim victims

These allegations are documented and substantiated, and yet the yet and substantiated, and documented are allegations These

ramilitaries within the framework of counter-insurgency activities. counter-insurgency of framework the within ramilitaries

viduals pertaining to the armed forces, the police or so-called pa- so-called or police the forces, armed the to pertaining viduals

of coercion, forced recruitment, and also rape, perpetrated by indi- by perpetrated rape, also and recruitment, forced coercion, of

persecution and summary executions of community representatives; community of executions summary and persecution

to the harrowing and moving testimonies of arbitrary detentions, arbitrary of testimonies moving and harrowing the to

From one meeting to another, the Special Rapporteur listened intently listened Rapporteur Special the another, to meeting one From

Serious human rights violations rights human Serious

on the Ata-Manobo. the on

(but not Ata-Manobo) army that has wrought fear and terror and fear wrought has that army Ata-Manobo) not (but ’ enous

military, brought in the dreaded Ala Mara, a paramilitary paramilitary a Mara, Ala dreaded the in brought military, indig- ‘

enous resistance to the project, the company, in connivance with the with connivance in company, the project, the to resistance enous

were again displaced from their land. To ensure there was no indig- no was there ensure To land. their from displaced again were

Management Agreement (IFMA). In the process, the Ata-Manobos the process, the In (IFMA). Agreement Management

ment Bank (ADB) to reforest the land, under the Integrated Forest Integrated the under land, the reforest to (ADB) Bank ment

land, Alcantara and Sons obtained money from the Asian Develop- Asian the from money obtained Sons and Alcantara land,

29,000 hectares of ancestral land. After denuding the Ata-Manobo the denuding After land. ancestral of hectares 29,000

Sons, a logging company, had first grabbed and then deforested their deforested then and grabbed first had company, logging a Sons,

mony. Ba-e Leonora (not her real name) lamented that Alcantara and Alcantara that lamented name) real her (not Leonora Ba-e mony.

man, who walked for three (3) days just to be able to make her testi- her make to able be to just days (3) three for walked who man, sive interview by Dr. Stavenhagen of a 70-year old Ata Manobo wo- Manobo Ata old 70-year a of Stavenhagen Dr. by interview sive Impoverishment

The Special Rapporteur also received numerous reports of indigenous peoples not being able to receive the social service benefits to which they have a right. Various surveys and studies also report that human development indicators are lower, and poverty indicators higher, for indigenous peoples than the rest of the country. In many indigenous communities, basic health services are simply not available, and preventable disease abound. Access to basic education is severely restricted. The SR’s report is not mere speculation. His findings are even supported by poverty assessments undertaken by the World Bank and the Asian Development Bank. A World Bank study, for instance, reveals that in Mindanao, 11% of the respondents said that the lack of government facilities forced them to use private clinics and hospitals. In education, 41% of school-age children in Mindanao do not attend school. Mindanao is a region with one of the highest concen- trations of indigenous population in the country.

Inadequate access to justice

According to the Special Rapporteur’s report, there is a looming “protection gap” in the human rights protection system for indigenous peoples in the Philippines. This conclusion is based on several complaints about insufficient measures taken by the national authorities to remedy human rights violations. The SR further writes, “Indigenous peoples believe that their voices have not been adequately heard nor their situation remedied by the authorities.” The response of the Philippine government, through its Philip- pine Mission representative in Geneva, Mr. Dennis Lepatan, reflects its callousness to indigenous issues and demands. This state arrogance is precisely the cause of the alienation of indigenous peoples from the Philippine nation-state. It should be noted, however, that during the debriefing for the government of the Philip- pines by the SR, held on December 11, 2002, government officials - including the then NCIP Chairperson Evelyn Dunuan, and Am- bassador Howard Dee, the Presidential Advisor on Indigenous

Peoples Affairs - lauded the SR presentation as a “very precise,

accurate and comprehensive” report. •

•

• •

• 437

• 438

organizations in organizations ’ Nations System can be used by indigenous peoples indigenous by used be can System Nations • •

• sons. Foremost is the realization that this instrument of the United the of instrument this that realization the is Foremost sons. •

•

the engagement with the UN Special Rapporteur left enduring les- enduring left Rapporteur Special UN the with engagement the •

•

For Tebtebba and the rest of indigenous peoples in the Philippines, the in peoples indigenous of rest the and Tebtebba For •

Lessons learned Lessons

the UN Special Rapporteur. Special UN the

even acknowledge the issues raised and recommendations made by made recommendations and raised issues the acknowledge even

the Philippines. The question now is whether the Philippine state will state Philippine the whether is now question The Philippines. the

structural problems that oppress and exploit indigenous peoples in peoples indigenous exploit and oppress that problems structural

s recommendations dealt with the basic the with dealt recommendations s ’ Rapporteur Special The

ples.

promotion and protection of the human rights of indigenous peo- indigenous of rights human the of protection and promotion

Philippines to provide technical cooperation in the field of the of field the in cooperation technical provide to Philippines

High Commissioner for Human Rights to establish an office in the in office an establish to Rights Human for Commissioner High

• That the government of the Philippines request the United Nations United the request Philippines the of government the That

cordance with international humanitarian standards; humanitarian international with cordance

rights during its military operations, in ac- in operations, military its during rights ’ peoples indigenous

government of the Philippines take maximum caution to protect to caution maximum take Philippines the of government

tories. Furthermore, the Special Rapporteur recommends that the that recommends Rapporteur Special the Furthermore, tories.

of a national programme to demilitarize indigenous peoples indigenous demilitarize to programme national a of terri- ’

withdrawn from indigenous areas altogether, within the framework the within altogether, areas indigenous from withdrawn

Armed Forces Geographical Units (CAFFGUS) be (CAFFGUS) Units Geographical Forces Armed ’ Citizens the that

military units or paramilitary groups, the Special Rapporteur urges Rapporteur Special the groups, paramilitary or units military

the divisive effects on indigenous communities caused by irregular by caused communities indigenous on effects divisive the

• Given the severity of the various alleged human rights abuses and abuses rights human alleged various the of severity the Given

human rights organizations and special fact-finding missions; fact-finding special and organizations rights human

mitted against indigenous peoples, which have been documented by documented been have which peoples, indigenous against mitted

effective investigation of the numerous human rights violations com- violations rights human numerous the of investigation effective

• The government of the Philippines [must] carry out a prompt and prompt a out carry [must] Philippines the of government The

law but also in practice of the prior right of traditional communities; traditional of right prior the of practice in also but law

commercial development. There needs to be recognition not only in only not recognition be to needs There development. commercial

• Resolving land rights issues should at all times take priority over priority take times all at should issues rights land Resolving

recommendations included the following: the included recommendations ’ courageous ‘

indigenous peoples in the Philippines. The most fundamental and fundamental most The Philippines. the in peoples indigenous

actors for the better promotion and protection of the human rights of rights human the of protection and promotion better the for actors

The Special Rapporteur made several recommendations to various to recommendations several made Rapporteur Special The Recommendations articulating their issues, concerns and aspirations. Indigenous Peo- ples’ Organizations can play a pro-active role in influencing the process. Of course, the aim of such active intervention is to ensure that the SR is able to receive data and information directly from indigenous peoples’ themselves. The SR’s visit to the Philippines was able to gather together several actors and stakeholders - the academe, Church, human rights and indigenous peoples’ organizations, including the government and military officials - to discuss the problems of indigenous peoples. Such a rare opportunity has provided a space for deliberating on how Philippine society in general should resolve the historical and linger- ing marginalization of indigenous peoples. The SR visit also encouraged various indigenous peoples and non-government organizations in the Philippines to systematize and document their experiences. These organizations have no doubt used their data in their own advocacy and campaigning, even beyond the framework of the SR visit. The Philippine government’s refusal to deal with the issues raised by the indigenous peoples through the UN Special Rapporteur con- firms the indigenous peoples’ conviction that they can only rely on no-one but themselves to confront the forces that further marginalize them. ❑

Notes

1 The Special 1503 Procedure is a complaints procedure in the Committee for Human Rights which an individual or a representative of a community can use to file a complaint against a government for human rights

violations.

•

• •

• 439

• 440 (IPACC) based (IPACC) the

Indigenous Peoples of Africa Coordinating Committee Coordinating Africa of Peoples Indigenous •

•

ganizations that applied for and were granted observer status were status observer granted were and for applied that ganizations •

• granted observer status with the African Commission. The three or- three The Commission. African the with status observer granted • •

•

the Niger session, indigenous organizations were for the first time first the for were organizations indigenous session, Niger the •

indigenous peoples were voiced clearly during this session. During session. this during clearly voiced were peoples indigenous

session in Niger in May 2003 and the human rights concerns of concerns rights human the and 2003 May in Niger in session

Around 12 indigenous representatives participated in the 33 the in participated representatives indigenous 12 Around rd

public session. public

6 indigenous representatives participated and made statements in the in statements made and participated representatives indigenous 6

The 32 The session was held in the Gambia in October 2002 and around and 2002 October in Gambia the in held was session

ordinary sessions of the African Commission held in 2002 and 2003. and 2002 in held Commission African the of sessions ordinary

Indigenous representatives have been participating actively in the in actively participating been have representatives Indigenous

process in the African Commission. African the in process

representatives and other human rights activists about the ongoing the about activists rights human other and representatives

report. The workshop also served as a forum for informing indigenous informing for forum a as served also workshop The report.

ticipated in this workshop and made an important input to the draft the to input important an made and workshop this in ticipated

indigenous representatives and African human rights activists par- activists rights human African and representatives indigenous

at a consultative workshop in Nairobi in January 2003. Around 30 Around 2003. January in Nairobi in workshop consultative a at

Prior to the finalization of the report, a draft report was discussed was report draft a report, the of finalization the to Prior

between the African Commission and IWGIA. and Commission African the between

2003. When adopted, the report will be published as a co-production a as published be will report the adopted, When 2003.

sion of the African Commission, to be held in Cameroon in October in Cameroon in held be to Commission, African the of sion

report will be discussed and hopefully adopted during the next ses- next the during adopted hopefully and discussed be will report

ceived positively by those commissioners who took the floor. The floor. the took who commissioners those by positively ceived

The report was presented during the Niger session and was re- was and session Niger the during presented was report The

makes recommendations to the African Commission. African the to recommendations makes

. It discusses criteria for identifying indigenous peoples and it and peoples indigenous identifying for criteria discusses It . ” ples

rican Commission, especially relating to the collective rights of of rights collective the to relating especially Commission, rican peo- “

ter on Human and Peoples and Human on ter Rights and the jurisprudence of the Af- the of jurisprudence the and Rights ’

Charter on Human and Peoples and Human on Charter Rights. It analyses the African Char- African the analyses It Rights. ’

peoples in Africa as compared to the rights provided for in the African the in for provided rights the to compared as Africa in peoples

2003. The report analyses the human rights situation of indigenous of situation rights human the analyses report The 2003.

Commission during the 33 the during Commission Ordinary Session held in Niger in May in Niger in held Session Ordinary

sion, submitted its final report and recommendations to the African the to recommendations and report final its submitted sion,

of Indigenous Populations, established under the African Commis- African the under established Populations, Indigenous of

Rights during 2002 and 2003. The Working Group on the Rights the on Group Working The 2003. and 2002 during Rights ’ ples

on the agenda of the African Commission on Human and Peo- and Human on Commission African the of agenda the on

he human rights of indigenous peoples in Africa have remained have Africa in peoples indigenous of rights human he

HUMAN AND PEOPLES AND HUMAN RIGHTS ´ THE AFRICAN COMMISSION ON COMMISSION AFRICAN THE in South Africa, Mainyoito Pastoralist Integrated Development Organiza- tion (MPIDO) based in Kenya and the Centre for Minority Rights Devel- opment (CEMIRIDE) based in Kenya. This sent a clear signal regarding the interest of indigenous peoples in having their concerns addressed by the African Commission and it is important that more indigenous organizations apply for observer status before the next session in October. During the Niger session, some commissioners raised questions about the human rights situation of indigenous populations during the examination of state reports. A human rights seminar and a report on the human rights situation of the Pygmies of the Democratic Re- public of Congo had been prepared by the Pygmy organizations PIDP- KIVU and the report and specific questions were handed over to a number of commissioners to raise these issues with the DRC government delegation. Unfortunately, the DRC government delegation did not attend but it is hoped that the issues will be raised next time. During the Niger session, indigenous representatives presented statements regarding the alarming situation of the Pygmies in the DRC, the Twa in Rwanda, the Maasai in Kenya, the Peul1 in Niger and the Tuareg in Niger and Algeria. A few government delegations reacted negatively to statements from indigenous representatives. Others – such as the government representative of South Africa in particular – were very supportive towards the process. The sessions of the African Commission provide a good platform for lobbying and dialogue with government delegations. The Niger session was unfortunately the last session of Commis- sioner Barney Pityana. He has been a strong advocate for the inclusion of the protection and promotion of the rights of indigenous peoples in the work of the African Commission and it is to be hoped that the process can maintain its momentum after his departure. ❑

Note

1 Also known as Fulani or Fulbé (ed.note).

•

• •

• 441

• 442

(1995-2004), is gradually impacting on decisions at national level. national at decisions on impacting gradually is (1995-2004), •

•

s Indigenous Peoples Indigenous s ’

a result of the International Decade of the World the of Decade International the of result a •

• attitude towards indigenous peoples in the international context as context international the in peoples indigenous towards attitude • •

•

willing to listen to our demands. Moreover, the clear improvement in improvement clear the Moreover, demands. our to listen to willing •

in the beginning are no longer there, and French diplomacy is far more far is diplomacy French and there, longer no are beginning the in

from French representatives in international fora: the barriers we felt we barriers the fora: international in representatives French from

results of this new development: today FOAG is able to get support get to able is FOAG today development: new this of results

taken at the national level. Since October 2000, we have seen the seen have we 2000, October Since level. national the at taken

peoples. The international context is gradually influencing decisions influencing gradually is context international The peoples.

s position towards the indigenous the towards position s ’ state the in improvement clear

the territory of Guiana. Since 1999, we have been able to observe a observe to able been have we 1999, Since Guiana. of territory the

politicians now know that they can no longer ignore our presence on presence our ignore longer no can they that know now politicians

s attitude towards the indigenous population of Guiana. The Guiana. of population indigenous the towards attitude s ’ state

This participation has resulted in a noticeable change in the French the in change noticeable a in resulted has participation This

react and reply to our repeated demands for recognition of our rights. our of recognition for demands repeated our to reply and react

with regard to this issue. We thereby hope to force the French state to state French the force to hope thereby We issue. this to regard with

and denounce the lack of concern of successive French governments French successive of concern of lack the denounce and

Our objective is to negotiate at a higher level than the French state French the than level higher a at negotiate to is objective Our

the possible establishment of a Permanent Forum on Indigenous Indigenous on Forum Permanent a of establishment possible the Issues.

Working Group on Group Working the and Peoples Indigenous of Rights the on ad hoc ad

Indigenous Populations, the Working Group on the Draft Declaration Draft the on Group Working the Populations, Indigenous

under the Commission on Human Rights: the Working Group on Group Working the Rights: Human on Commission the under

national level by participating in the different UN working groups working UN different the in participating by level national

Since then, F.O.A.G. has assiduously maintained its struggle at inter- at struggle its maintained assiduously has F.O.A.G. then, Since

issue of the rights of indigenous peoples living on French territory. French on living peoples indigenous of rights the of issue

respond to the total disinterest of the French state with regard to the to regard with state French the of disinterest total the to respond

F.O.A.G. decided to participate on the international scene in order to order in scene international the on participate to decided F.O.A.G.

with like-minded organisations worldwide. This is why, in 1995, in why, is This worldwide. organisations like-minded with

international level. Another is to encourage contacts and exchanges and contacts encourage to is Another level. international

governmental and non-governmental bodies, at national as well as well as national at bodies, non-governmental and governmental

of these is to establish and coordinate relations with the various the with relations coordinate and establish to is these of

has thus, from the very start, set itself a certain number of goals. One goals. of number certain a itself set start, very the from thus, has

The Federation of Indigenous Organisations of Guiana (F.O.A.G.) Guiana of Organisations Indigenous of Federation The

to achieve a true recognition of their rights. their of recognition true a achieve to

indigenous peoples of Guiana have multiplied their actions in order in actions their multiplied have Guiana of peoples indigenous

Guiana - started to question the State and the regional authorities, regional the and State the question to started - Guiana the

Since 1984, when F when 1984, Since lix Tiouka - as the first indigenous leader from leader indigenous first the as - Tiouka lix é

Lokono, the Pahikwaki, the Teko, the Wayampi and the Wayana. the and Wayampi the Teko, the Pahikwaki, the Lokono,

rench Guiana comprises six indigenous peoples: the Kali the peoples: indigenous six comprises Guiana rench na, the na, ’

MAKING GOOD USE OF THE UN SYSTEM UN THE OF USE GOOD MAKING FRENCH GUIANA: FRENCH International discussions between indigenous peoples and States are thus bearing fruit. France now takes positive decisions with regard to indigenous peoples, as was the case in Nairobi in 2000, with the Convention on Biodiversity. The International Decade has also promoted a raising of international awareness. The indigenous issue is thus very often mentioned in the press or on French television and the French are now beginning to learn that there are indigenous peoples in Guiana. The State itself talks more openly about these questions. President Jacques Chirac thus wrote a letter on the problem of mercury pollution in which he affirmed the need to recognize the rights of indigenous peoples, referring to the United Nations’ report on biodiversity. France now belongs to the states that are in favour of creating an international permanent body on indigenous issues. It is the first time that such an attitude has been observed on the part of the French state’s representatives. Before that there was an almost total refusal to sign anything that might entail the risk of giving weight to the demands of indigenous peoples. The situation in New Caledonia has also played a fairly important role in this area, and it is now possible to influence the state by referring to the situation out there. In more general terms, it can be seen that the attitude of the French state is changing with respect to the indigenous populations overseas. In December 2002, during the last session of the Working Group on the Draft Declaration, we were able to see new progress. The French delegation thus declared that, “France recognizes the right to self- determination.” This is real progress in French rhetoric even if certain issues remain unclarified, notably regarding the notion of territory, since the French representative added, “France considers that the right of self-determination should benefit everybody in a given population.” In that case, the question is whether or not France’s concept of self-determination can be applied to the indigenous peoples of Guiana. Does the state thereby mean the entire Guiana territory – and in that case populations other than the indigenous are implicated – or is it ready to restrict this definition to a limited territory claimed by a particular indigenous people? Where France, on the other hand, really positions itself is when its representative declares that, “France naturally recognizes the indig-

enous peoples” basing himself on a declaration made by the Presi-

dent of the French Republic during his intervention before the Com- •

•

mission on Human Rights on 30 March 2001, “Victims of History, the •

•

indigenous peoples are the depositaries of a priceless part of the • •

• common heritage of mankind. These peoples and their knowledge are •

• 443 • 444 • • • • • •

•

Indigenous Organisations of Guiana (F.O.A.G.). Guiana of Organisations Indigenous

Guiana (A.A.G.F.) was created. AAGF later became the Federation of Federation the became later AAGF created. was (A.A.G.F.) Guiana

1 It was on this occasion that the Amerindian Association of French of Association Amerindian the that occasion this on was It 1

Note

which is far from being resolved. being from far is which ❑

issues remain very problematic such as, for instance, the land issue, land the instance, for as, such problematic very remain issues

authorities and the need to take them into account, even though some though even account, into them take to need the and authorities

in state and regional speeches, reference is often made to customary to made often is reference speeches, regional and state in

customary rights seems to have partly born fruit since, from now on, now from since, fruit born partly have to seems rights customary

United Nations and in other international meetings. The defence of defence The meetings. international other in and Nations United

institutions, this notably thanks to our actions at the level of the of level the at actions our to thanks notably this institutions,

as recognized negotiators at the level of the state and the international the and state the of level the at negotiators recognized as

to the objectives we had set ourselves. We can now consider ourselves consider now can We ourselves. set had we objectives the to

To conclude, we think we have acted these past years according years past these acted have we think we conclude, To

states.

demands and our rights if constant pressure is put on it by other by it on put is pressure constant if rights our and demands

international level. The state will no longer be able to disregard our disregard to able be longer no will state The level. international

voices heard at all possible levels, at departmental, national and national departmental, at levels, possible all at heard voices

done. We must therefore continue our actions, continue to make our make to continue actions, our continue therefore must We done.

enous peoples of France will be forthcoming. But much remains to be to remains much But forthcoming. be will France of peoples enous

we can now hope that a true will to recognize the rights of the indig- the of rights the recognize to will true a that hope now can we

colonialization, near extinction, extinction, near colonialization, French-ization ‘ and assimilation, and ’

towards indigenous peoples. After having successively experienced successively having After peoples. indigenous towards

These various declarations suggest a true change in French policy French in change true a suggest declarations various These

contribute to us. to contribute ” threatened. Let us recognize what we owe them and what they can they what and them owe we what recognize us Let threatened. PART III PART

IWGIA PUBLICATIONS

•

2002 • •

•

• •

• 445

446 • 446 •

•

• CORPI, Racimos, IWGIA 2002 - 168 pages (ill.) pages 168 - 2002 IWGIA Racimos, CORPI, •

•

• s é Surral Alexander y Chirif Alberto a, í

Pedro Garc Pedro •

• genas en Alto Amazonas Alto en genas í Ind

33 Una Historia para el Futuro - Territorios y Pueblos y Territorios - Futuro el para Historia Una

Forest Peoples Programme & IWGIA 2002 - 436 pages 436 - 2002 IWGIA & Programme Peoples Forest

Andrew Gray Andrew

nica ó Amaz Comunidad una en n ó Autodeterminaci

genas y Desarrollo - Desarrollo y genas í Ind Derechos III.

Forest Peoples Programme & IWGIA 2002 - 358 pages 358 - 2002 IWGIA & Programme Peoples Forest

Andrew Gray Andrew

nica ó Amaz Comunidad una en Cambio

n - n á Cham Ultimo El II.

Forest Peoples Programme & IWGIA 2002 - 395 pages 395 - 2002 IWGIA & Programme Peoples Forest

Andrew Gray Andrew

a, Espiritualidad e Historia e Espiritualidad a, í Mitolog - Arakmbut Los I.

In Spanish In

Forest Peoples Programme & IWGIA 2002- 383 pages 383 2002- IWGIA & Programme Peoples Forest

R. D. Munda and S. Bosu Mullik Bosu S. and Munda D. R.

Struggle for Autonomy in India in Autonomy for Struggle ’ Peoples Indigenous

The Jharkhand Movement - Movement Jharkhand The

RAIPON & IWGIA 2002 - 292 pages (ill.) pages 292 - 2002 IWGIA & RAIPON

hler & Kathrin Wessendorf, eds. Wessendorf, Kathrin & hler ø K Thomas

Ten Years of the Indigenous Movement in Russia in Movement Indigenous the of Years Ten

107

Towards a New Millennium - Millennium New a Towards

Forest Peoples Programme & IWGIA 2002 - 171 pages 171 - 2002 IWGIA & Programme Peoples Forest

Fergus MacKay Fergus

- IWGIA - Handbook - IWGIA - American Human Rights System Rights Human American

106 A Guide to Indigenous Peoples Indigenous to Guide A Rights in the Inter- the in Rights ’

In English In

IWGIA PUBLICATIONS PUBLICATIONS IWGIA 2002 35 Guía para los Derechos de los Pueblos Indígenas en el Sistema Interamericano de Derechos Humanos IWGIA - Manual Forest Peoples Programme & IWGIA 2002 - 173 pages

36 Los Pueblos Indígenas en Aislamiento - Su Lucha por la Sobrevivencia y la Libertad Beatriz Huertas Castillo IWGIA 2002 - 442 pages (ill.)

37 Tierra, Libertad y Autonomía: Impactos Regionales del Zapatismo en Chiapas Shannan L. Mattiace, Rosalva Aída Hernández, Jan Rus (eds.) CIESAS & IWGIA 2002 - 256 pages (ill.)

38 Tierras Comunitarias de Origen- Saneamiento y Titulación Alejandro Almaraz Ossio CEJIS & IWGIA 2002 - 97 pages (ill.)

In Danish Hvem er de indfødte folk? 11 STILLEHAVSFOLK I MELANESIEN By Annelin Eriksen og Knut Rio Translation from English: Birgit Stephenson Ed. Käthe Jepsen; IWGIA 2002, 40 pages (ill.)

10 STILLEHAVSFOLK I SALOMONØERNE – Livet på Reeføerne By Peter I. Crawford og Jens Pinholt - Ed. Käthe Jepsen IWGIA 2002, 44 pages (ill.)

12 KANAKA MAOLI – Et polynesisk folk fra Hawaii By Ulla Hasager - Ed. Käthe Jepsen

IWGIA 2002, 44 pages (ill.)

•

13 MAASAI – •

•

Kvæghyrder i Østafrika •

•

By Nina Johnsen - Ed. Käthe Jepsen • •

• IWGIA 2002, 44 pages (ill.) • 447

• 448 or fax: +45 35 27 05 07 05 27 35 +45 fax: or •

• website: www.iwgia.org website: •

• e-mail: [email protected] e-mail: •

•

For subscription - contact IWGIA by IWGIA contact - subscription For •

ples worldwide. ples

IWGIA’s documentation and analysis of the situation of indigenous peo- indigenous of situation the of analysis and documentation IWGIA’s

Your subscription is a direct contribution to the continuing production of production continuing the to contribution direct a is subscription Your

IWGIA’s publications are published on a non-profit basis. non-profit a on published are publications IWGIA’s

Institutions: 115.00 US$ / 930.00 DKK 930.00 / US$ 115.00 Institutions:

Individuals: 80.00 US$ / 650.00 DKK 650.00 / US$ 80.00 Individuals:

GENA & LIBROS & GENA Í IND MUNDO El & GENAS Í IND ASUNTOS

Institutions: 80.00 US$ / 650.00 DKK 650.00 / US$ 80.00 Institutions:

Individuals: 50.00 US$ / 410.00 DKK 410.00 / US$ 50.00 Individuals:

GENA Í IND MUNDO El & GENAS Í IND ASUNTOS

Institutions: 140.00 US$ / 1140.00 DKK 1140.00 / US$ 140.00 Institutions:

Individuals: 100.00 US$ / 810.00 DKK 810.00 / US$ 100.00 Individuals:

INDIGENOUS AFFAIRS & THE INDIGENOUS WORLD & BOOKS & WORLD INDIGENOUS THE & AFFAIRS INDIGENOUS

Institutions: 80.00 US$ / 650.00 DKK 650.00 / US$ 80.00 Institutions:

Individuals: 50.00 US$ / 410.00 DKK 410.00 / US$ 50.00 Individuals:

INDIGENOUS AFFAIRS & THE INDIGENOUS WORLD INDIGENOUS THE & AFFAIRS INDIGENOUS

SUBSCRIPTION RATES 2003 RATES SUBSCRIPTION

politically as well as economically. as well as politically

For IWGIA, membership is an important sign of support to our work, our to support of sign important an is membership IWGIA, For

US$ 30.00/DKK 235 for students and senior citizens. senior and students for 235 30.00/DKK US$

US$ 20.00/DKK 160 for members from the rest of the world: the of rest the from members for 160 20.00/DKK US$

Zealanders and Japanese. and Zealanders

US$ 50.00/DKK 395 for Europeans, North Americans, Australians, New Australians, Americans, North Europeans, for 395 50.00/DKK US$

Membership fees for 2003 are 2003 for fees Membership

form.

consult our homepage at at homepage our consult for details and membership and details for www.iwgia.org www.iwgia.org

become part of our dedicated network of concerned individuals, please individuals, concerned of network dedicated our of part become

IWGIA welcomes new members. If you wish to apply for membership and membership for apply to wish you If members. new welcomes IWGIA

IWGIA IWGIA MEMBERSHIP