All airport documents requested in lead up to runway lawsuit
Smoky Mountain News
Week of 4-08-09
By Josh Mitchell • Staff Writer
An environmental group out of Asheville plans to sue the Macon County Airport Authority and other parties involved in the proposed extension of the runway.
The group, Wild South, wants to stop the runway from being extended, saying the project is unnecessary, will harm the rural character of the Iotla Valley and endanger Cherokee artifacts and burial grounds, as well as other historic sites.
Lamar Marshall of Wild South said a 60-day notice to sue the Airport Authority will soon be filed. Afterwards, Wild South will seek an injunction to stop the project from moving forward, Wild South attorney Stephen Novak said.
Novak said he is unclear at the moment who will be named in the lawsuit.
The organization has also filed a federal Freedom of Information Act request and state public records request to obtain documents related to the proposed runway extension. The records request seeks documents from the Advisory Council on Historic Preservation in Washington, the Federal Aviation Administration, the N.C. Department of Transportation Division of Aviation, the state archaeologist, and the Macon County Airport Authority.
Novak said he hopes the public records will give Wild South a better idea of who should be named in the lawsuit.
The Airport Authority will comply with the records requests, said the board’s attorney Joe Collins.
“If it’s something they’re entitled to see, we’ll certainly give it to them,” Collins said.
Reviewing all the documents associated with the runway extension will give Wild South an understanding of “who said what to whom” in regards to the runway extension, Novak said.
Marshall with Wild South said the Airport Authority is “trying to brush us off,” but it won’t work.
“We’re taking them to court,” said Marshall. “We’re going to sue them.”
The hope is that “damning” information will be found through the public records requests, said Marshall.
The Airport Authority has “definitely not followed the letter of the law,” said Marshall.
Marshall asserts that the Airport Authority and other parties violated the National Historic Preservation Act by ignoring the archaeological significance of the airport site.
Marshall also charges that the Endangered Species Act and the National Environmental Policy Act were violated.
He claims that endangered species in Iotla Creek and the Little Tennessee River will be endangered by runoff from the airport.
An environmental assessment found that the runway extension would have “no significant impact” on the site. But Marshall said the environmental assessment was done without consulting the U.S. Fish and Wildlife Service and based on out of date information.
Marshall said taxpayer money should be withdrawn from the proposed $3.5 million runway extension. The nation is facing an economic crisis, and there are better things to spend money on than extending an airport runway, said Marshall.
“Why dump money into this when it is only going to benefit rich people in Highlands?” Marshall asked.
Moreover, extending the airport runway is just laying the groundwork for more development to take place in the tranquil valley, said Marshall.
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Source: Smoky Mountain News
Native Rights News is making this material from the Smoky Mountain News available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
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Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.
Thursday, April 9, 2009
Lawsuit Planned to Halt Macon County Airport's Desecration of Cherokee Graves
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Opposition to Desecration of Cherokee Graves in Iotla Valley Mounts
Macon airport lands more money for artifact surveys
Smoky Mountain News
Week of 4-08-09
By Josh Mitchell • Staff Writer
Opposition to the airport runway extension in Macon County continues to mount, with a standing-room-only crowd attending last week’s Airport Authority meeting and an environmental group threatening to sue and stop the project.
The controversial runway project would pave over Cherokee burial grounds and artifacts. The Airport Authority has agreed to have 25 percent of the artifacts at the site excavated, but the remaining will stay in place and be threatened by the construction.
There are approximately 400 burials at the site, according to an archaeological assessment done on the site in 2000. All of the burials will remain in place at the request of the Eastern Band of Cherokee Indians.
The Airport Authority has been very sensitive to the Eastern Band’s concerns about artifacts and burials at the site, Airport Authority Chairman Milles Gregory said. Excavating 25 percent of the artifacts at the site will cost $535,000.
Gregory said 100 percent excavation cannot be done because it would cost around $2 million, which is more than the Airport Authority can afford. However, Gregory announced at the meeting that the Airport Authority is now attempting to secure additional funding to do “stripping and mapping” of the entire site. He said the Eastern Band is very pleased with this.
Federal Aviation Administration Spokeswoman Kathleen Bergen confirmed that the FAA will provide additional funding for the stripping and mapping, but she didn’t know how much.
Archaeologist Mike Trinkley of South Carolina, who performed the archaeological assessment in 2000, said stripping and mapping does not remove the artifacts and burials from harm’s way. It simply involves taking off the top layer of soil and documenting what is there.
“Simply mapping the site does little in resolving the loss of information,” said Trinkley. “There will be a map showing where stuff was found, but by the time construction begins the stuff will be destroyed.”
Several project opponents at the meeting asked the Airport Authority how it could justify paving over gravesites.
The artifacts are not the only reason opponents are against the runway extension. Some just want to preserve the rural character and peaceful nature of the Iotla Valley.Many at last week’s meeting were nearby residents of the Iotla Valley and wore buttons urging that the valley be saved.
Dolly Reed of Franklin said she has Cherokee lineage and urged the Airport Authority to “let my people rest in peace.”
Resident Olga Pader said those who live in the valley have been excluded from meetings. Airport Authority member Tommy Jenkins said every Airport Authority meeting has been publicly announced. But Pader noted that there was a private meeting a couple of weeks ago with state, local, federal and Eastern Band officials discussing the project.
County Commissioner Bobby Kuppers, who serves as the Airport Authority liaison, said that was not an official Airport Authority meeting, but was a special conference called by the Eastern Band. Kuppers said the public cannot continue to be suspicious of the county government.
“If this sort of suspicion grows we’re in trouble as a county,” said Kuppers.
A distrust of county officials will destroy the county, said Kuppers, adding that the county commissioners are more open now than they’ve ever been.
The runway extension appears to be getting personal for some, as tempers were flying at the meeting.
Lamar Marshall, with the environmental group Wild South of Asheville, said one of the Airport Authority members called him “crazy as hell” at a recent County commission meeting. Airport Authority member Harold Corbin admitted he was the one who called Marshall “crazy as hell.”
In response to the insult, Marshall wore his Crazy Horse T-shirt to the Airport Authority meeting last week. He said his group is planning a lawsuit against the Authority and others involved in the project.
Corbin became impatient with Franklin resident Selma Sparks, who was trying to speak: “Sit down, because you’re through,” Corbin told Sparks.
However, not all those in attendance at the meeting last week were against the runway extension. Macon County resident Dwight Vinson said extending the runway 500 feet is good for the county’s economic development.
Franklin resident Norm Roberts agreed that the runway extension is needed for the county to thrive.
“This airport is essential to the economy of the area,” said Roberts.
Others also stated that the runway extension could help bring jobs to the area, but those in favor were heavily outnumbered by those against.
Airport Authority Chairman Milles Gregory said he agreed with some of the statements made by the public and disagreed with others.
Gregory then stated, as he has numerous times in public forums since the controversy erupted about a month ago, that the runway extension has been planned for eight years and that the public has been aware of the project for that long but is just now beginning to express concern.
Want to be on the board?
The five-member Macon County Airport Authority is appointed by the county commissioners for six-year terms.
Terms for members Tommy Jenkins and Harold Corbin are set to expire June 30 of this year, while terms for members Gary Schmitt and Pete Haithcock don’t expire until 2011. Chairman Milles Gregory’s term doesn’t expire until 2013.
The board meets the last Tuesday of the month at 4 p.m. at the Macon County Airport.
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Source: Smoky Mountain News
Native Rights News is making this material from the Smoky Mountain News available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.
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Call to Action: Demand OAS Support a Strong American Declaration on the Rights of Indigenous Peoples
Indigenous rights to life, land, equality, natural resources, self-determination, and religious freedom are under attack. A strong American Declaration on the Rights of Indigenous Peoples will help prevent human rights violations in the Americas.- Gross violations of human rights are occurring against Indian and other indigenous peoples in North, South and Central America.
- Developers deprive Indians in the United States of their right to religious freedom by desecrating sacred places such as Bear Butte and the San Francisco Peaks.
- One in three Indian women in the United States will be raped in their lifetimes. This epidemic of violence violates Native women’s rights to life, security of the person, and equal treatment.
- The United States continues to try to take Western Shoshone HOMELANDS for military testing, gold mining and nuclear waste disposal in violation of Western Shoshone property rights.
- More than 1,244 indigenous people have been assassinated in Colombia in the past five years.
- Maya Q’eqchi’ people suffer death threats, the burning of their homes, and forced removal for defending their land rights from mining interests in El Estor, Guatemala.
- Canada continues to ignore Innu land rights, resulting in the forced relocation of Innu families and the loss of their traditional hunting grounds and homelands.
- More than 3,000 illegal miners threaten the survival of the Yanomami people in Brazil by invading their lands, contaminating their rivers, introducing fatal infectious diseases, and murdering their people.
This persecution is not unique to particular countries. It is part of an alarming trend of human rights violations against indigenous peoples in North, Central, and South America. Indigenous rights to life, land, equality, natural resources, self-determination, and religious freedom are under attack. The Organization of American States, a regional body made up of the 35 countries of the Americas, is currently negotiating an American Declaration on the Rights of Indigenous Peoples. Countries of the Americas must commit to the recognition and implementation of indigenous rights by adopting the American Declaration on the Rights of Indigenous Peoples.
ACT NOW FOR A STRONG AMERICAN DECLARATION by sending letters to OAS member countries urging them to support a strong American Declaration on the Rights of Indigenous Peoples. [click here to send letter]
Following is a copy of the letter you will be sending to the government of every nation that is a member of the Organization of American States (OAS). (You will also have to opportunity to include any personal comments or statements.)
"Dear Ambassador,
I am seriously concerned about the widespread violation of indigenous peoples' human rights in the Americas and the need for a strong American Declaration on the Rights of Indigenous Peoples. I strongly urge your country to commit to the adoption of a strong American Declaration on the Rights of Indigenous Peoples by actively engaging in negotiations immediately.
A strong American Declaration is crucial to recognize indigenous human rights, including the right of self-determination, treaty rights, cultural and religious rights, rights to lands and resources, and more. Further, a strong American Declaration will address the particular regional issues in the Americas that are not dealt with in the United Nations Declaration on the Rights of Indigenous Peoples, such as gender equality, violence against Native women, and indigenous peoples under internal armed conflict.
More importantly, we need a strong American Declaration on the Rights of Indigenous Peoples to prevent the grave treaty and human rights violations that Indian and Alaska Native nations currently face in the United States and throughout the Americas. In the United States, the government is allowed to confiscate certain Indian lands in violation of the Constitution, one in three Native women is raped in her life time, and developers deprive Native peoples of their right to religious freedom by desecrating sacred places such as Bear Butte, South Dakota.
The situation is even more appalling in Central and South America. Extractive industries threaten the survival of many indigenous nations, including the Yanomami in Brazil and the Maya Q'eqchi' in Guatemala, and indigenous peoples are being assassinated in Colombia. A strong American Declaration will help to secure Indian rights and prevent further human rights abuses. The OAS and OAS member countries must commit to the adoption of a strong American Declaration.
It is more important than ever to have a strong American Declaration which enjoys widespread support. In 2007, 143 countries affirmed their commitment to indigenous rights through their historic adoption of the UN Declaration on the Rights of Indigenous Peoples. Only four countries voted against the Declaration. Three of those four -- the United States, Canada, and Colombia -- belong to our region, which has some of the largest indigenous populations in the world. All countries of the Americas must take their obligations to respect and promote indigenous rights seriously.
Thank you in advance for your country's commitment to the negotiation and adoption of a strong American Declaration.
Sincerely,
[Your Name, Organization, Address, Phone & Fax]"
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The Indian Law Resource Center is a non-profit law and advocacy organization established and directed by American Indians. We provide legal assistance to Indian and Alaska Native nations who are working to protect their lands, resources, human rights, environment and cultural heritage. Our principal goal is the preservation and well-being of Indian and other Native nations and tribes.
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__________________________________________________________This article has been adapted from Indigenous Notes
the newsletter of the Indian Law Resource Center
Native Rights News is making this material available with the express permission of the Indian Law Resource Center . This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.
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Declaration of the International Conference on Extractive Industries and Indigenous Peoples
23-25 March 2009
Legend Villas, Metro Manila, Philippines
We, Indigenous Peoples and support organisations from 35 countries around the world and representing many more Indigenous Nations, have gathered together in this International Conference on Extractive Industries and Indigenous Peoples. As Indigenous Peoples we have a unique cosmic vision, diversity of languages, histories, spirituality and territories which have existed since time immemorial. However, we now find ourselves within the borders of States which have established norms and laws according to their interests. On account of this situation, we have suffered disproportionately from the impact of extractive industries as our territories are home to over sixty percent of the world's most coveted mineral resources. This has resulted in many problems to our peoples, as it has attracted extractive industry corporations to unsustainably exploit our lands, territories and recourses without our consent. This exploitation has led to the worst forms of, environmental degradation, human rights violations and land dispossession and is contributing to climate change.
Environmental degradation includes, but is not limited to, erosion of our fragile biological diversity, pollution of land, air and water, and destruction of whole ecological systems. Extractive industries, and particularly those relating to fossil fuels, also have significantly contributed to the climate change that is destroying our Mother Earth.
Human rights violations range from violations of Indigenous Peoples' right to self-determination (which includes the right to determine one's own economic, social and cultural development), rights to lands, territories and resources, as well as displacement and violations of the most basic civil and political rights, such as arbitrary arrests and detention, torture, enforced disappearances and killings.
Our cultural diversity has also been grossly eroded because of the destruction of biological diversity and lands, territories and resources by extractive industries upon which our cultures are based. This erosion of our cultural diversity is also a result of the imposition of colonial systems and the settlement of non-Indigenous Peoples. Corporations enter into our territories with the promise of “development” through employment, infrastructure building and payment of governmental taxes. Despite these promises, there still exists a situation of dire poverty in those living close to extractive industry projects. This situation has fuelled conflicts between Indigenous Peoples and the State and extractive industry corporations, as well as causing divisions within the Indigenous communities themselves.
On 6-16 May 1996, a first “Mining and Indigenous Peoples Conference” held in London produced the “Indigenous Peoples' Declaration on Mining”. This declaration highlighted conflicts occurring between our communities and corporations. It reiterated that Indigenous Peoples need to be the decision makers on whether or not mining should take place in their communities and under what conditions this may occur.
Almost 13 years have passed since this conference was held, but overall our situation on the ground has not noticeably improved. The opportunities and threats since the 1996 conference include:-
• the welcome adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UN DRIP) by the UN General Assembly on 13 September 2007;
• new UN mechanisms for the protection of the rights of Indigenous Peoples, such as the UN Permanent Forum on Indigenous Issues, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, and the Expert Mechanism on the Rights of Indigenous Peoples;
• a greater interest on the relationship between human rights and corporate behaviour, including the work of the UN Special Representative of the Secretary General on the issue of human rights and transnational corporations and other business enterprises;
• the recognition of corporate social responsibility and a claimed willingness on behalf of corporations to negotiate agreements directly with Indigenous Peoples, although so far much of this seems to be more on paper or promises, as opposed to practice;
• the climate change crisis, coming about mainly because of dependence of the current economy on fossil fuels. These resources are mined on our land and many of our peoples are disproportionately affected by such activities; and
• the global financial crisis, caused by the unregulated liberalisation of finance.
Based on the foregoing observations, we assert that:-
• Indigenous Peoples are rights holders, with an inextricable link to their lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired, and should not be treated merely as stakeholders. We have a right to self-determination of our political condition and to freely choose our economic, social and cultural development (UN DRIP Article 3);
• our rights are inherent and indivisible and seek recognition not only of our full social, cultural and economic rights but also our civil and political rights;• all doctrines, policies and practices based on the presumed superiority of colonial peoples and worldviews should be condemned;
• we contribute to the diversity and richness of the cultures that make up humanity and believe that we can teach valuable lessons to the rest of the world through our values and world views in how to tread gently upon the earth;
• destruction of Indigenous Peoples sacred sites and areas of spiritual and cultural significance by extractive industries must stop;
• the vulnerable position of women and youth with regard to the impacts of extractive industries, including loss of livelihoods, violence and impacts on health and well-being must be recognized;
• the development model premised on unsustainable consumption and production, and corporate globalisation, which fuels the entry of extractive industries onto our lands must be rejected;
• respect for the preservation of life on earth, and our right to food, must have precedence over extractive industry projects;
• extractive industry projects must not take precedence over our right to land - regardless of whether our rights are based on legal recognition or usufruct rights;
• there must be an immediate end to the criminalization of community resistance, the violent intimidation, harassment, and murder, of our leaders, activists and lawyers who are working for the defence of our lands and lives;
• extractive industry projects must not take precedence over the human right to water. Water is especially important in our lives and is sacred to us. In addition the major reserves of fresh water are found in our territories;
• the right to water is a fundamental human right which must be recognized. We therefore condemn the conduct of the World Water Council which demotes the right to water a “basic need”;
• negotiations about climate change should not be conducted by States and international organisations unless there is full and effective participation of Indigenous Peoples. Furthermore, mitigation and adaptation measures related to climate change must be designed and implemented in keeping with Indigenous Peoples' rights;
• the failure to hold extractive industries to account in host and home countries must be addressed and mechanisms for accountability and enforcement must be created immediately; and
• implementation of interstate infrastructure initiatives - such as the South American Regional Infrastructure Initiative (IIRSA) - that lead to mega-projects on our lands and territories without first obtaining our free prior and informed consent (FPIC) are destructive to our cultures and survival, and a denial of our right to self determination.
Given the above, in order to ensure respect for the rights recognized in the UN DRIP, as well as the ecological integrity of our planet and communities, we call for:-
• a stop to the plunder of our lands, territories and resources;
• a moratorium on further extractive industry projects that affect or threaten our communities, until structures and processes are in place that ensure respect for our human rights. The determination of when this has been realized can only be made by those communities whose lives, livelihoods and environment are affected by those projects;
• due process and justice to victims of human rights violations who are resisting extractive industries;
• review of all on-going projects that are approved without respect for our FPIC and self determination rights; and
• compensation and restitution for damages inflicted upon our lands, territories and resources, and the rehabilitation of our degraded environments caused by extractive industry projects that did not obtain our FPIC.
We call on Indigenous Communities and their Supporters:-
• to create an international mechanism working on extractive industries and Indigenous Peoples aimed at sharing information, education, advocacy and the defence of our rights;
• to coordinate research on mining companies, processes and investment sources to empower communities, build strategic plans and ensure recognition and respect for our rights;
• to assert their right to control the authorization of projects, and where FPIC has been given, the conduct of extractive activities in indigenous lands and territories through the use of indigenous customary laws;
• to create a mechanism to compile legal precedents from relevant court decisions on Indigenous Peoples and extractive industries;
• to build relationships with non-indigenous groups concerned with the problem of extractive industries, nationally and internationally, to find common ground; and
• to establish a International Day of Action on Extractive Industries and Indigenous Peoples.
We call on Civil Society Organisations:-
• to increase their support, and solidarity in a manner that is sensitive to the issues of Indigenous Peoples;
• especially conservation and other NGOs, not to impose themselves or their views upon us, but respect our legitimate leadership and also seek the FPIC of communities before intervening; this also applies to academics including anthropologists; and
We call on Companies:-
• to respect international standards on rights in all jurisdictions, especially the minimum standards as set forth in the UN DRIP, which includes in particular, the right to lands, territories and resources and attendant right to FPIC. This also applies to consultants;
• to submit to independent and credible monitoring;
• to be accountable for the environmental disasters, destruction and human rights violations as a result of their operations;
• to employ proven technology and adhere to the precautionary principle at all levels and in each project;
• to recognize the specific vulnerability of indigenous women to the negative impacts involved with extractive industries;
• to ensure full transparency in all aspects of their operations, and especially to ensure affected communities have full access to information in forms and languages they can understand; and
• to conduct and implement environmental, social, cultural and human rights impact assessments to the highest international standards ensuring independent review and participation of indigenous peoples;
We call on Investors:-
• to ensure that policies in relation to investments in indigenous territories reflect the rights articulated in the UN DRIP, and that the ethical index listings used should base their investment recommendations on third party information, as opposed solely to information from the company in which they may invest and
• not to invest in fossil fuel related projects.
We call on States:-
• specifically those States that have not done so yet, to adopt the UN DRIP and ratify International Labour Organization (ILO) 169, and for those States who have to uphold the rights articulated therein;
• to establish, in consultation with Indigenous Peoples, clear mechanisms and procedures at national levels for the implementation of international juridical instruments, specifically the UN DRIP, ILO 169 and International Convention on the Elimination of All Forms of Racial Discrimination (ICERD);
• to review laws and policies on extractive industries that are detrimental to Indigenous Peoples, and ensure consistency with the UN DRIP and international instruments protecting Indigenous Peoples rights;
• to recognize and enforce the rights Indigenous Peoples to FPIC as laid out in UN DRIP, in accordance with our customary laws and traditional practices;
• to recognize and ensure the demarcation and titling of our ancestral lands;
• to recognize our customary laws and traditional mechanisms of conflict resolutions;
• to support the efforts of Indigenous Peoples to develop economic alternatives to extractive industries, in order to alleviate the poverty that creates false dependencies on extractive industries;
• to abolish hedge funds and all forms of private equity that are not transparent and well regulated, and which distort the price of minerals;
• to legislate and regulate thorough processes for independently conducted environmental, social, cultural and human rights impact assessments, with regular monitoring during all of the phases of production and rehabilitation;
• to protect indigenous activists, human rights defenders and lawyers working on human rights issues, and where the State is the violator we demand an end to the violations against our peoples;
• to ban particularly harmful extractive practices, including riverine tailings disposal, gas flaring, effluent discharges, submarine tailings disposal, mountain top removal and large scale open-pit mining. Given the risks posed by climate change, serious re-consideration should be given to the construction of tailings containment in low-lying coastal areas and in areas exposed to increasingly severe weather events and
• to ensure that their development cooperation policies and programmes respect Indigenous Peoples rights’, in particular in the context of extractive industries and our right to FPIC.
We call on the UN Permanent Forum on Indigenous Issues (PFII):-
• to request that the UN Indigenous Peoples Expert Mechanism conduct a study, with the participation of Indigenous Peoples, on the impact of extractive industries on them, by consolidating all recommendations, observations and decisions of UN Treaty and Charter bodies pertaining to the subject and identifying the measures taken by States to adhere with these;
• to request that UN mechanisms, agencies and bodies promote the elaboration of mechanisms and procedures for States to implement to minimum standards set forth in the UN DRIP, including in particular the right to FPIC;
• to establish procedures which provide indigenous communities with the opportunity to request the relevant UN agencies to assist them in the monitoring and provision of independent information in FPIC processes;
• to support the Indigenous Peoples’ proposal that there be an international Mother Earth Day, and encourage all UN agencies, mechanisms and bodies to do likewise;
• to demand the full and effective participation of Indigenous Peoples in all discussions and decisions pertaining to international agreements and conventions that address issues of biological diversity and or climate change;
• to emphasize the need to address the direct and indirect impacts of extractive industry on climate change, including those associated with mitigation measures;
• to emphasize the need for the widespread diffusion of information and critical debate between Indigenous Peoples about the ongoing mechanisms and negotiations relative to carbon trading and the carbon market;
• to request that the Special Representative to the Secretary General on the issue of human rights and transnational corporations and other businesses, John Ruggie, and other UN organisations, bodies and agencies, promote the enactment of legislation in home states of transnational corporations that provides for extraterritorial jurisdiction in relation to their activities;
• to recommend that the World Bank Group update its operational directives and safeguard policies pertaining to Indigenous Peoples to include the right to FPIC, as required under the UN DRIP;
• to recommend that the World Bank Group immediately stop funding, promoting and supporting fossil fuel related projects and large scale mining projects on indigenous lands, and provide a set timeline for ending of all such funding;
• to recommend that the World Bank stop influencing the design of national policies in developing countries in a manner that promotes the interests of transnational mining corporations over the rights of indigenous communities;
• to recommend that the World Health Organisation consider conducting a study on the impact of cyanide and heavy metals on the right to health of communities impacted by mining;
• to address the urgent need for the genuine recognition of indigenous religious, cultural and spiritual rights, including their sacred sites in the context of extractive projects and
• to recommend that all bilateral agreements should guarantee that indigenous peoples’ human rights are respected.
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Source: Unrepresented Peoples and Nations Organization (UNPO)
Native Rights News is making this material from UNPO available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.
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Wednesday, April 8, 2009
First International Conference on Indigenous Peoples and Extractive Industries
UN to link indigenous peoples worldwide
Network to strengthen struggle for rights
By Erika Tapalla
INQUIRER.net
March 24, 2009
MANILA, Philippines—The United Nations is looking to set up a global network by which indigenous peoples (IPs) can help each other respond to violations of their rights, mainly by extractive industries.
Eighty-five IP representatives from Asia, Africa, the Pacific, Europe and Russia, Arctic, Latin and North America, as well as experts, have gathered in Manila for the International Conference on Indigenous Peoples and Extractive Industries.
Victoria Tauli-Corpuz chair of the UN Permanent Forum on Indigenous Issues said there is a need to unite IPs in a global network to strengthen their responses to the problems they face.
"This conference is really to tackle the indigenous peoples’ rights, which are violated by extractive industries…oil, mineral or gas corporations. There is a need to develop a global network because there is no one existing body of IPs, there is no existing global network. If there is one, the voice of these people [is] stronger, so that's what we did in this conference," Corpuz told INQUIRER.net in an interview.
Corpuz said among the things IPs could do is bring their cases before national and international courts, raise awareness about destructive cultural and environmental issues through media, and dialogue with investors.
"By raising the issues and cases to national and even international courts, the voices of the indigenous peoples will be heard. Now, with this global network, hopefully their voices can be heard. Media also [have] a crucial role in delivering the situations, the issues, these people encounter so everyone will know about what is really happening. And lastly, the dialogue with the investors and these corporations will really help. It is in fact the most important thing," Corpuz said.
Corpus also said it was sound corporate thinking to respect IPs’ rights.
"It is in the self-interest of these corporations to respect the rights of the indigenous peoples because, if not, there will be more conflict, and more conflict means more expenses for them. Then they [corporations] will be seen in a bad light. If they don't mutually agree to terms or negotiate, it's like they are robbing these people of their own things in their own home," she said.
Corpuz also said states and mining corporations should adhere to the standards set by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) to avoid criminalizing IPs for protecting their land or resisting the entry of extractive industries.
The UNDRIP, signed by 143 countries in September 13, 2007, is the latest international agreement adopted by the UN General Assembly. Conference organizer Tebtebba, the Indigenous Peoples’ International Centre for Policy Research and Education, said cases of human rights violations committed against indigenous peoples have been filed before courts in various countries as well as inter-governmental bodies such as the UN Committee on the Elimination of Racial Discrimination and the Inter-American Court of Human Rights.
IP representatives said their cultural territories continue to shrink because of massive encroachment by mining companies.
The Philippines alone has suffered two of the biggest mining disasters—the collapse of the Tapian Pit of Marcopper Mining Corporation, which spilled 1.6 million cubic meters of mine tailings into the waterways of Marinduque in 1996; and the cyanide-laden waste spill of Australia-owned Lafayette Mining Limited in waters around Rapu-Rapu Island in 2005.
"We thought that the Philippines was in one of the worse states, but after this conference, we have realized that many groups [and] tribes from different parts of the world experience similar issues. The actors involved are the same– corporations that act like thugs encroaching on the lands of the people," Corpuz said.
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©Copyright 2001-2009 INQUIRER.net, An Inquirer Company
Native Rights News is making this material from GLOBAL NATION - INQUIRER.net available in accordance with the Fair Use Doctrine codified at Title 17 U.S.C. Section 107: This article is distributed without charge or profit to those who have expressed a prior interest in receiving the included information. Distribution of this material is for research and educational purposes that will promote social and economic justice and benefit society.
____________
Native Rights News (NRN) is published by the Alliance for Indigenous Rights, a nonprofit corporation owned and operated by Temple Beit Shem Tov as part of its Peace and Justice Ministry.
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