Klamath Justice Coalition Halts Logging on Karuk Sacred Sites
by Dan Bacher, Indymedia, North Coast
Wednesday Dec 16th, 2009 11:11 AM
This morning the Klamath Justice Coalition used a human blockade of 15 people to defend Karuk sacred sites from logging activities. The action took place near Orleans, CA within the Six Rivers National Forest and halted work on the Orleans Community Fuels Reduction Plan. “The OCFR is actually the Orleans Culture and Forest Reduction plan,” said Leaf Hillman, a Karuk Ceremonial Leader in Orleans. Below are the press releases from the Klamath Justice Coalition and the Karuk Tribe.
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PRESS RELEASE - Klamath Justice Coalition
For Immediate Release: December 16, 2009
For more information: Leaf Hillman, Karuk Indian 530-627-3710
ORLEANS RESIDENTS MOVE TO HALT FOREST SERVICE PLANS TO DESTROY SACRED SITES
Forest Supervisor Tyrone Kelly Breaks Promises and Federal Law
Orleans, CA – This morning the Klamath Justice Coalition used a human blockade to defend Karuk sacred sites from logging activities. The action took place near Orleans, CA within the Six Rivers National Forest and halted work on the Orleans Community Fuels Reduction Plan.
Forest Service contractors were greeted by activists before day break at Orleans Mountain Lookout Road which leads to one of the units in dispute. Crews turned back without involving law enforcement.
“This morning’s small but important victory marks the beginning of our campaign to defend Karuk sacred sites and protect the health of our forests,” said Orleans local Chook- Chook Hillman.
This logging operation was intended to be part of a larger fuels reduction program developed by the US Forest Service with community buy-in. However, in the end the Forest Service betrayed the local community once again.
According to the Final Environmental Impact Statement (FEIS) for the project, the stated Purpose and Need for the Orleans Community Fuel Reduction and Forest Health Project (OCFR) is to manage forest stands to reduce fuels accumulations and improve forest health around the community of Orleans, while enhancing cultural values associated with the Panamnik World Renewal Ceremonial District.
“The OCFR is actually the Orleans Culture and Forest Reduction plan,” said Hillman.
Originally, Forest Supervisor Tryone Kelly engaged with community members on a collaborative process to develop a fuels reduction plan that would protect sacred areas, reduce the risk of catastrophic wildfire, and protect sensitive stands of hardwoods. However, in practice it looks like another timber harvest that disregards the concerns of the community.
“We are shocked that the Forest Service thinks that it can get away with lying to our community. We want fuels reduction, but we will not accept the destruction of Karuk sacred sites or a timber sale disguised as a fuels reduction plan,” added Annelia Hillman.
This is not the first time that Kelly has shown a particular insensitivity to Tribal cultural issues. Last year he oversaw the bull dozing of a Tribal member’s that was on land disputed to be Indian Trust Land. The act not only destroyed a home, but destroyed a nearby archeological site and a contemporary dance ground.
Again during last years’ wildfires, Kelly directed the construction of firebreaks and use of heavy equipment that destroyed sections of “medicine man trails” and high country alters used during annual World Renewal Ceremonies. Representatives from the Karuk Tribe urged Kelley to build the breaks in areas that were less sensitive but the concerns with ignored. “Its like Kelly is hell bent to destroy our sacred areas one step at a time.” Said Hillman.
The Klamath Justice Coalition is not new to direct action as a tactic to force change. The group has staged direct actions in Scotland, Omaha, NE, Portland, OR, and Sacramento, CA, and Salt Lake City, Utah focused on the removal of Klamath Dams.
Who we are:
The Klamath Justice Coalition is an ad hoc group of Klamath Basin Residents from all walks of life. We are Indians, non-natives, mothers, fathers, workers, hippies, youth, and elders. Our goal is to ensure that the cultures and ecosystems of Klamath Communities are protected and enhanced.
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Karuk Tribe
P R E S S R E L E A S E
For Immediate Release: December 16, 2009
For more information:
Craig Tucker, Spokesman, Karuk Tribe, cell 916-207-8294
US FOREST SERVICE LOGGING PROJECT THREATENS SACRED SITES
Forest Supervisor Tyrone Kelley Ignores Local Community, Tribal Leaders, and his own Proposed Plan
Orleans, CA – Six Rivers National Forest Supervisor Tyrone Kelley has directed his crews to begin logging with heavy equipment in areas sacred to the Karuk Tribe in violation of his own proposed fuels reduction plan.
“We participated in good faith in the Forest Service’s collaborative process. Although we were assured that our sacred areas would be protected and our values respected and enhanced, it’s clear now that these were hollow promises. Furthermore, the actions directed by Kelly are in violation of federal law,” said Bill Tripp, Eco-cultural Resources Specialist for the Karuk Tribe.
Over the past three years, the Orleans Ranger District in the Six Rivers National Forest has held a series of stakeholder meetings allegedly designed to work with the Orleans community to develop a fuels reduction plan that both Native and non-native community members could accept. After dozens of meetings and an appeal of Kelley’s original plan, tribal members, as well as non-native local residents, thought that a consensus had been reached. However, when logging began, community members realized immediately that Kelley had reneged on his promises and violated the law by implementing a plan inconsistent with his own Environmental Impact Statement.
At issue is the insufficient analysis related to use of heavy logging equipment in areas deemed sacred by the Karuk Tribe, divergence from measures designed to protect, promote, enhance and restore stands of ecological sensitive hardwoods, failure to protect large diameter trees[c1] , and a failure to make good on a commitment for multi-party monitoring during the fuels reduction operations.
According to the Final Environmental Impact Statement (FEIS) for the project, the stated Purpose and Need for the Orleans Community Fuel Reduction and Forest Health Project (OCFR) is to manage forest stands to reduce fuels accumulations and improve forest health around the community of Orleans, while enhancing cultural values associated with the Panamnik World Renewal Ceremonial District. Current logging operations are inconsistent with the FEIS and therefore violates the National Environmental Policy act. The Forest Service also proceeded without required consultations with the State Historic Preservation Officer (SHPO).
“The actual work on the ground will do the opposite of the stated goals. OCFR in all actuality has begun to compromise the integrity of spiritual values associated with the Panamnik World Renewal District,” said Tripp.
The areas being debated represent 914 acres to be mechanically harvested. The USFS awarded the contract to Timber Products for nearly $1 million dollars.
The Tribe is demanding that the Forest Service halt all logging operations until these issues can be resolved and sacred sites protected.
Leaf Hillman is a Karuk Ceremonial Leader in Orleans who contends that this represents the latest in a series of bad decisions by Kelley that have served to denigrate Karuk Cultural areas. According to Hillman, “Tyrone Kelley has no respect for this community or native cultures. The Tribe and local community members worked hard to develop a fuels reduction plan that meets the needs of both the community and the Forest Service. Kelley’s actions are not only an act of bad faith, they are an act of cultural genocide. We will not sit idly by while he destroys the ecological integrity of these forests and the Karuk Tribe’s sacred areas, we will defend our homeland.”
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Tuesday, January 5, 2010
Human Blockade Halts Logging on Karuk Sacred Sites
Read more!
Monday, September 28, 2009
Failure of Peruvian Government to Recognize Indigenous Rights to Ancestral Lands at Heart of Recent Massacre
SOUTH AMERICA: Calls for Justice for Peru's Native Peoples
By Franz Chávez*
LA PAZ, Jun 12 (IPS) - Social organisations in South America are backing the struggle against opening up Peru’s Amazon jungle to mining and oil companies, which resulted in clashes in which at least nine indigenous people and 25 police officers died.
The recent violence near the town of Bagua, in the northern Peruvian province of Amazonas, is seen by indigenous organisations in Bolivia, Colombia and Ecuador as an attack on people who are defending life, nature, human rights and the rational use of natural resources.
Native communities in the Peruvian rainforest are demanding the repeal of a series of decrees issued by the García administration to promote foreign investment on indigenous lands, in the framework of the free trade agreement signed with the United States.
A two-month protest by indigenous people outside the northern Peruvian town of Bagua ended in bloodshed on Jun. 5, when the police violently broke up a roadblock there.
A multi-party parliamentary committee declared in December that the decrees in question are unconstitutional, as the native groups argue.
In an open letter to the region's presidents, the Confederation of Indigenous Nationalities of Ecuador (CONAIE) called on them to defend native peoples and confirm their commitment to peace and justice in South America.
A congress of the Indigenous Confederation of Indigenous People of Bolivia (CIDOB) urged the United Nations and the Organisation of American States to send a team of investigators to Bagua to verify what happened there on Jun. 5.
While official accounts say that nine indigenous people and 25 members of the police were killed, eyewitnesses who have spoken to the press say the bodies of indigenous protesters were thrown into the river from a helicopter.
"We consider this violent action by the Peruvian government to be a massacre and a flagrant violation of the life, integrity and fundamental rights of indigenous communities," said the Colombian National Authority of Indigenous Government (ONIC) in a letter to President García.
"We join our voices to the Amazonian indigenous communities who are demanding an end to the violation of their rights and the repeal of the free trade agreement decrees that open the doors to the invasion and plundering of their territories.
"We condemn the violent actions of the Peruvian government against our peoples," says the letter, which also calls for medical attention for the injured and policies to prevent a repeat of the incident.
García's response to the violence was to allege that "foreign meddling" was behind the protests in the Amazon. He later specifically mentioned Bolivia’s left-wing president, the first indigenous leader of that country.
In the midst of the political crisis triggered by the violent incident, García accused Morales of inciting the protests by means of an "inflammatory" letter sent to the Fourth Continental Summit of Indigenous Peoples, held May 29 in the Peruvian city of Puno, on the border with Bolivia.
Although he was the most important guest invited to the summit, Morales merely sent a letter by the hand of Senator Leonilda Zurita of his governing Movement to Socialism (MAS), who is an activist for women's rights and political and trade union freedoms.
The meeting, held on Peruvian soil but only 200 km west of La Paz, brought together native leaders of the Americas, called Abya Yala in precolonial times.
"That meeting discussed uprisings and insurgency," García maintained. "A president of a neighbouring country sent messages about our countries being governed by indigenous peoples, who are victims of exploitation and utterly neglected, which is not true, because the statistics on employment and welfare have improved in the jungle areas."
In La Paz, Bolivian Vice President Álvaro García Linera, a recognised champion of indigenous rights, said in reply that "letters do not kill," referring to the violence unleashed in the Peruvian Amazon.
"We confirm the contents (of the letter) and we are proud of every word and every letter in it," said the deputy minister for coordination with social movements, Sacha Llorenti, one of Morales’ closest associates.
"From resistance we have gone on to rebellion, and then to revolution. This is the second independence," said Llorenti, in support of Morales' policy of nationalising Bolivia’s abundant natural gas reserves, which were handed over by previous governments to foreign companies.
"It is difficult to rebuild what has been destroyed over 25 years of neoliberal, free market policies," Llorenti said.
Morales' letter to the indigenous leaders' summit also says "free trade agreements break up harmonious human relationships with nature; they commodify natural resources and national cultures; they privatise basic services; they try to patent life itself."
"Some people think globalisation means they have a right to interfere in the politics of neighbouring countries, "said García. "That is regrettable. If they wish, I can interfere too (in Bolivian affairs) and I know how to do so. I don't think it's democratic or legal or positive for international relations."
Sociologist Carlos Laruta, the head of the Centre for Research and Advancement of Peasant Farmers (CIPCA) in the impoverished city of El Alto, Bolivia, said that it is up to Morales to explain the intention of his letter, because he is the representative of a state and therefore subject to the rule of international law.
"A president cannot do things that run counter to international law," Laruta said.
Anthropologist Martín von Hildebrand, winner of the 1999 Alternative Nobel Prize, said the root problem is that the rights of Peruvian indigenous peoples to their ancestral territories have not been recognised in practice, as they have in other countries that share the Amazon basin: Brazil, Bolivia, Colombia and Ecuador.
"When you look at a big map of the Amazon basin, you can see that Brazil has given indigenous peoples a territory as large as Colombia itself (1.1 million square kilometres)," he said, while Colombia has given them 27 million hectares, and Bolivia and Ecuador have also made progress.
"If you look at a government map of Peru, marking potential lumber, oil, gas and mineral extraction, the country's Amazon area is completely covered with marks," said von Hildebrand, who is also head of the Gaia Amazonas Foundation, which works to strengthen indigenous culture and autonomy as a strategy for preserving the rainforest.
* With additional reporting by Constanza Vieira (Bogotá) and Ángel Páez (Lima).
__________________________________________________________
Copyright 2009: IPS-Inter Press Service
Native Rights News is making this material from [name of news source] 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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Peruvian Government Massacres Indigenous Protesters Prior to Conclusion of Negotiations
For the past two months, native protesters have been blocking roads and access to oil industry installations to demand the repeal of a series of government decrees that violate their land rights, which are protected under the constitution and by international conventions signed by Peru.
"The helicopter stopped at least three times to pick up bodies," Luis Padilla, a member of the Awajun ethnic group from Río Santiago in Amazonas province, told IPS. "That was between eight and nine in the morning on Friday," added Padilla, who said it took three days to reach the town of Bagua from his village.
Padilla, who was wary of the camera, said that on Friday, Jun. 5 the police opened fire on the protesters manning the roadblock at a spot along the highway into Bagua called Curva del Diablo (Devil’s Curve), at around 6:00 AM, and that in response the indigenous demonstrators used their spears. "We defended ourselves," he said.
The police "picked up the bodies of our brothers and sisters and dumped them into the Marañón river," added Joel Tupicá, from the district of Nieva, who along with Padilla and another 24 Indians, including two women, were on their way back to their home villages on Wednesday, five days after the violent incident that left at least 30 protesters and policemen dead.
The number of victims is in dispute, with the authorities saying 10 civilians – including protesters and local residents - were killed and indigenous groups putting the total much higher.
A climate of fear and tension
Oswaldo Bautista, chief prosecutor of Amazonas province, told IPS that around 1,000 indigenous people have returned to their villages over the past few days, and that most of them had taken refuge in local churches for fear of reprisals by the state security forces.
Lawyers with the non-governmental Coordinadora de Derechos Humanos human rights group, who have come to Bagua to verify what happened last week, said more than 50 protesters are still under arrest in four different towns.
The incident, described by Amazon Watch programme coordinator Gregor MacLennan as a "massacre" of peaceful protesters, some of whom were still asleep at the roadblock when the police showed up, while others were shot as they fled, has heightened the tension in the area, because the army and police are still posted here and a curfew remains in place.
Several "apus" (traditional leaders of indigenous communities) have decided not to return to Curva del Diablo, for fear of being arrested. The authorities have blamed the violence on the leaders of the Peruvian Rainforest Inter-Ethnic Development Association (AIDESEP), an umbrella group of 28 federations of indigenous peoples that has led the protests.
AIDESEP’s top leader, Alberto Pizango, has been given asylum in the Nicaraguan Embassy in Lima.
"They burned the bodies of some protesters, over there," said Padilla, who was unable to provide the names of victims due to the chaos and confusion that reigned on Friday and the fact that the demonstrators came from more than 356 different villages and communities.
AIDESEP has set up committees in each community tasked with drawing up lists of people who have not returned to their homes, in order to demand that the state provide information on their fate.
"We want to recover the bodies of our missing people," said Edwin Montenegro, the local leader of Río Kanus in the Amazon district of Condorcanqui, who was directly involved in the Jun. 5 incident.
At the Curve of Death
Some 3,000 indigenous protesters were blocking the Fernando Belaúnde Terry highway at the Curva del Diablo when the police showed up to dismantle the roadblock early that morning and told them, just before opening fire, "you’ll leave here dead or alive," said Montenegro.
He told IPS that in the days leading up to the events of Jun. 5, protesters and local authorities had met with General Víctor Uribe, who was in charge of the operation to break up the traffic blockade, with a view to reaching a peaceful agreement.
Montenegro said a Thursday, Jun. 4 meeting with General Uribe failed to produce results. However, they had agreed to continue the talks on Friday at 10:00 AM – a meeting that never took place, because the attack on the protesters occurred four hours earlier.
The mayor of Condorcanqui, Héctor Requejo, confirmed to IPS that on Thursday they met with Uribe in the camp at the Petroperú oil refinery, and that the general said he himself could not make any decisions, but merely followed orders from Lima.
Montenegro said that when they opened fire on the crowd, the police aimed directly at the protesters, and that people were shot from a helicopter as well, which also launched tear gas canisters.
In the confusion, he was able to save his brother-in-law, prominent Aguaruna leader Santiago Manuin, president of the Condorcanqui Provincial Protest Committee (Comité de Lucha Provincial de Condorcanqui), who was seriously wounded.
Three young indigenous men who are being treated for bullet wounds at the Gustavo Lanatta Hospital in Bagua confirmed that the police launched the attack, without warning.
The three young men are all former members of the army. One of them, 24-year-old Paulo Bitap López from the village of Shusug, told IPS that a group of former soldiers decided to approach the police before the operation to break up the roadblock, to attempt to dissuade them, but that they found themselves caught up in a rain of bullets.
Rosa Mondragón, a 54-year-old woman who lives near the spot where the incident took place, said she saw tear gas being thrown from a helicopter, and showed prosecutor Bautista bullet marks on the walls of her house, as well as more than 20 backpacks and bags of utensils of indigenous protesters who slept overnight at her house for a week but fled after the attack.
The prosecutor searched gullies and ravines near the Curva del Diablo on Wednesday, after doing the same in other areas on Sunday and Monday in response to reports by local residents that bodies had been hidden there.
Bautista told IPS that no bodies were found in the latest search, only clothing and bottles of chicha, a traditional corn liquor.
Shots in the square
One of the wounded interviewed by IPS in the hospital was Daniel Torres Manay, a 55-year-old resident of Bagua who was hit in the stomach by a police bullet on Friday Jun. 5 when he was near the square where the police station is located.
Torres and his wife Amelia Delgado said the police began to shoot that day at around 11:00 AM when a group of people gathered outside the police station, after they heard that the indigenous protesters had been attacked.
According to the head of the Amazonas ombudsman’s office, Roberto Guevara, five of the nine victims acknowledged by the authorities were local residents, not indigenous people, killed by police bullets in the streets around the square.
"President Alan García committed this crime," complained Torres, who has undergone two unsuccessful operations to extract the bullet, and is waiting to be transferred to the northern city of Chiclayo for life-saving surgery.
"After we draw up a list of our brothers and sisters who were killed, we will continue our protest," said Montenegro. "The government thinks that we have chickened out, but that will never happen. The blood of their brothers and sisters is an incentive to the Awajun people. The state has provoked us. We don’t want to talk to either (Prime Minister) Yehude Simon or (Interior Minister Mercedes) Cabanillas."
Two decrees suspended
In a 57 to 47 vote Wednesday, Congress decided to suspend the implementation of two of the decrees protested by the native groups, which according to experts and legislators affect the rights of indigenous people and violate the constitution and International Labour Organisation (ILO) Convention 169 on indigenous people.
The government decrees, which are aimed at promoting foreign investment in the framework of the free trade agreement signed with the United States, open up indigenous land to private investment by oil, mining and logging companies.
Indigenous people in Peru’s Amazon jungle region, where oil companies are increasingly active, began last year to hold protests to demand that the decrees be revoked.
A multi-party legislative committee also recommended last December that they be overturned.
But AIDESEP vice president Daysi Zapata criticised the legislature’s decision to suspend the two decrees, because her organisation is demanding that they be struck down.
On Thursday, social movements held national demonstrations in solidarity with the indigenous protesters, and an indefinite strike was declared in several areas in the country’s northeastern Amazon region.
"The Amazon represents our market, our pharmacy, our home, our survival; we are defending it for the good of our people and of humanity," said Montenegro. __________________________________________________________
Copyright 2009: IPS-Inter Press Service
Native Rights News is making this material from IPS: The Story Underneath 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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Tuesday, July 21, 2009
Havasupai Announce Gathering to Protest Resumption of Uranium Mining at Grand Canyon Sacred Site
Havasupai Conference: Oppose uranium mining in Grand Canyon
Havasupai Conference July 25 -- 26, 2009: Govinda at Earthcycles,
www.earthcycles.net, and Brenda Norrell of Censored news, will team up
again to broadcast live from this gathering of the Havasupai to oppose
uranium mining in the Grand Canyon. We hope to see you there, or you
can listen live around the world on the Internet. We'll be updating
the issues from the Longest Walk as well, on the issues of protecting
Mother Earth and international Indigenous human rights. Radio stations
can use the audios for broadcasts, in any country in the world.
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Conference news release contacts:
Matthew Putesoy, Vice Chairman, Havasupai Tribe, (928) 448-2731
mattputesoy@yahoo.com
Grand Canyon Threatened by Uranium Mining
Havasupai Tribe Announces Protest Gathering to Rally Support
The gathering will be held on July 25-26,
South of the Grand Canyon at the Sacred Red Butte
Supai, AZ – Today, the Havasupai Tribe announced a protest gathering
at their sacred site Red Butte, which is threatened by uranium mining
located near the south rim of the Grand Canyon. The public is invited
to attend and add their voices in support of saying, "no to uranium
mining."
"On behalf of the Havasupai Tribe, I urge everyone to join us at the
foot of this sacred Red Butte to unify our voices and call on the
Federal Government to work with the Havasupai Tribe to protect these
sacred lands from any further uranium mining," stated Don E.
Watahomigie, Havasupai Tribal Chairman. "We are proud to host this
historic gathering as our ancestors have done for generations at Red
Butte."
A Canadian company, Denison Mines is threatening to reopen the Canyon
Mine, which is just miles from the sacred Red Butte, as a full mining
operation. The Havasupai Tribe and others have been actively opposing
Denison Mines seeking Groundwater Aquifer Permits from the ADEQ
(Arizona Dept. of Environmental Quality) to operate Canyon Mine and
extract uranium.
The Havasupai Tribe, who have inhabited the Grand Canyon region for
many centuries, fear that contamination from uranium mining could harm
the animals, air, water, and people. The Havasupai religion is also
being directly affected by the uranium mines. Long time Havasupai
leader Rex Tilousi says, "We believe Red Butte is the lungs of our
Grandmother Canyon." Canyon Mine is located right next to the
Havasupai's most sacred site, Red Butte."
The Havasupai Tribe, in alliance with Sierra Club, Center for
Biological Diversity, and Grand Canyon Trust are opposing any uranium
mines on or around the rim of the Grand Canyon. This gathering will be
held twenty miles south of the Grand Canyon National Park on July 25 -
26, 2009. Members of the public will be invited to join the Havasupai
on Saturday for a free public concert at 6:00 pm and for a public
forum on uranium mining and protecting sacred lands on Sunday, July
26th. The media is welcomed to attend at any time during the events on
Saturday and Sunday and a news conference will be held Friday, July
24th, at 4pm at the conclusion of the private Havasupai prayer
ceremony. Directions to the gathering as well as a detailed agenda for
the event can be found at http://www.arizona.sierraclub.org
--
Brenda Norrell, Censored News
http://www.bsnorrell.blogspot.com
Censored Blog Talk Radio
http://www.blogtalkradio.com/Brenda-Norrell
Earthcycles Longest Walk Radio:
http://www.earthcycles.net
__________________________________________________________
IndigenousThinkers@yahoogroups.com
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Tuesday, June 23, 2009
Peruvian Army Sent to Suppress Peaceful Indigenous Protests Against Resource Extraction in Amazon Basin
Amazon Watch: Oil Production Interrupted as Peru Sends in Army to Suppress Peaceful Indigenous Protests
LIMA, Peru, May 19 /PRNewswire-USNewswire/ -- The Peruvian government Saturday authorized the intervention of armed forces in the Amazon to crack down on growing indigenous protests against new decrees aimed at facilitating the entry of oil, mining, logging and agricultural companies into indigenous lands without prior consultation or consent.
On Monday, sustained protests led the state oil company, Petroperu, to shut down its main oil pipeline. This shutdown comes after a month of protests by more than 30,000 indigenous peoples. Indigenous communities have engaged in peaceful actions and blockades of roads and rivers throughout the Amazon protesting new legislation passed to facilitate the Free Trade Agreement with the USA that undermines their rights.
Videos and photos available on http://www.amazonwatch.org/ show police beating peaceful protesters and firing rubber bullets to break up peaceful Awajun and Huambis demonstrators last week when they blockaded the Corral Quemado Bridge near the northern town of Bagua, resulting in dozens injured and one person missing, who is feared dead.
In a statement, Alberto Pizango, president of the national indigenous rights organization AIDESEP who was criminally charged today for his role in the nationwide protests, stated: "The extraction of gas and oil, logging and the dredging of rivers in search of gold are destroying in a few years social structures, indigenous customs and coexistence strategies that date back thousands of years."
International and Peruvian human rights organizations are widely criticizing the Peruvian government's backward policies on indigenous peoples. In a recent statement President Alan Garcia said that every Peruvian should be entitled to benefit from the nation's natural resources, and not just a "small group of people who had the fortune to be born there."
Atossa Soltani, who heads the human rights and environmental organization Amazon Watch, commented, "Indigenous Peoples are asserting their collective right to determine how and under what conditions 'development' is carried out on their traditionally owned and legally recognized homelands."
"The Garcia Administration is clearly out of step with international conventions on indigenous rights that have been ratified by Peru, not to mention aspects of country's own Constitution. We urge the government of Peru to use restraint and avoid bloodshed, seeking meaningful dialogue to resolve the conflict instead."
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© 2000-2009 Amazon Watch
Native Rights News is making this material from Amazon Watch 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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Thursday, April 23, 2009
Extractive Industries Boycott International Expert Workshop on Violations of Human Rights and Environment
[Forwarded by Western Shoshone Defense Project wsdp@igc.org]
PRESS RELEASE
28 March 2009
International Experts Deliberate on Piles of Human rights and Environment Violations of Extractive Industries
MANILA, Philippines – Officials of the United Nations system, multilateral institutions such as the European Commission, the World Bank, ADB, Member States of the UN, international experts, indigenous peoples and other organizations attending the International Expert Workshop on Indigenous Peoples’ Rights, Corporate Accountability and the Extractive Industries have started deliberating yesterday on piles of serious issues surrounding the Indigenous Peoples all around the world, and in their bid to find better and lasting solutions to stop large-scale oil, gas and mining companies from further destroying indigenous lands, the environment, and contributing to the alarming problem of global warming.
“Although there have been substantial developments in the promotion and protection of the human rights of indigenous peoples in recent years, indigenous peoples have continued to suffer violations of their human rights on a regular basis. This is especially the case in the context of extractive industries, such as mineral, oil and gas extraction, which disproportionately impact indigenous peoples,” said Carol Pollack of the Secretariat of the Permanent Forum on Indigenous Peoples Issues during her opening address.
The Experts and participants are expected to craft stronger recommendations within the three-day workshop that will help solve the problems of the Indigenous Peoples’ rights worldwide and mitigate the effect of climate change which is mainly caused by extractive industries, particularly oil, gas and coal extraction.
Among others, the officials will try to find better mechanisms to force extractive industries into complying with relevant provisions of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which includes self determination, right to traditional lands, right to be secure in subsistence and development, right to conservation and protection of the environment and productive capacity of lands and the often violated free, prior and informed consent provision.
“We have lived within nation states which established norms and laws according to their interest. 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,” the Indigenous Peoples’ said in the final [Manila] Declaration [attached English Spanish] crafted after the International Conference on Indigenous Peoples and Extractive Industries. “The activities of these corporations have led to the worst forms of environmental degradation, human rights violations and land dispossession,” they added. Although, the extractive industries must play a vital role in addressing these problems, those invited opted not to send their representatives to the international expert workshop, to which Vicky Tauli-Corpuz, a Kankana-ey from the Cordillera and the current chair of the UN Permanent Forum on Indigenous Issues (UNPFII), expressed disappointment over failure to do so.
In a statement sent to Tauli-Corpuz, the International Council of Mining and Metals (ICMM), a CEO-led organization representing many of the world's leading mining and metals companies as well as regional, national and commodity associations, said that “it has been working on Indigenous Peoples issues for several years including; producing a Mining and Indigenous People's Review (2005, holding two roundtables on mining and Indigenous Peoples (2005, 2008), seeking legal reviews of FPIC, approving a Position Statement outlining our member's policy on Indigenous Peoples and recently we have produced a first draft of a Good Practice Guidance on Mining and Indigenous Peoples.”
Along with ICMM, transnational mining corporations such as Rio Tinto, among others, were also invited to sit in the international expert dialogue. However, they declined saying that, “In view of the global financial crisis, we are cutting on costs and prioritize activities that are essential.”
Tauli-Corpuz said, “They did not see the importance of attending a dialogue with the World's Indigenous Peoples, where 60 to 70 percent of the world's minerals, oil and gas are found in their territories. It is sad that they undermined the importance of this event.
“It is in the interest of the extractive industries corporations to listen to indigenous peoples affected by mining, oil and gas projects so that there would be less conflict, less human rights violations and more equitable-sharing and sustainable use of resources if a dialogue with them is to happen,” she added.
For inquiries, please contact: Jo Villanueva
Mobile: 09194111660
Email: jomvillanueva@gmail.com
__________________________________________________________
Source: IndigenousThinkers@yahoogroups.com
Native Rights News is making this material available in accordance with a Press Release. 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 22, 2009
Sign-On Letter to Canadian Government Calls for Action to Stop Abuses Committed by Extractive Industries
[Editor's Note: Victoria Tauli-Corpuz, current chair of the UN Permanent Forum on Indigenous Issues (UNPFII) , is urging organizations and individuals to add their support and signature to her letter to Canadian Prime Minister Steven Harper. In that letter, Ms. Tauli-Corpus expresses her disappointment in Canada's past and current policies vis a vis the abuses committed by Canadian transnational corporations against Indigenous Peoples and the environment. She asks that the Canadian government take specific actions to curb such abuses and hold the Canadian extractive industry to account. Following are both letters.
Alliance for Indigenous Rights is signing on to the letter, and we urge all NGO's and individuals concerned about protecting Indigenous Peoples rights and the environment to do the same. -- Perry H. Chesnut, Editor NRN]
Sign-on Letter to Canadian Government
FYI. If you wish to sign-on, please respond directly to vicky@tebtebba.org. Thanks.
----- Original Message -----
From: "vicky tauli-corpuz" mailto:vicky@tebtebba.org
Sent: March 30, 2009
Subject: Letter to Canadian Government
Dear Friends,
At the Expert Group Meeting on Extractive Industries, Indigenous and Corporate Social Responisbility a discussion was held regarding the response of the government to the series of roundtables held in Canada which looked into the issue of Extractives. Obviously, the government has not accepted the recommendations. So we drafted a letter [below] which contains our disappointment with the results. Please read this and if you want to sign on please send your name and your organization [to vicky@tebtebba.org]. If you do not have an organization, [please sign] as an individual.
regards, Vicky
Victoria Tauli-Corpuz
Executive Director, Tebtebba
Convenor, Asia Indigenous Women's Network
1 Roman Ayson Road, Baguio City, Philippines, 2600
Telephone: 63-74-4447703 Fax: 63-74-4439459 mobile: 63-91-75317811
website: http://www.tebtebba.org/
http://www.un.org/socdev/esa/unpfii
------------ --------- --------- ------
29 March 2009
Manila , Philippines Peoples' Rights
The Right Honourable Stephen Harper
Prime Minister of Canada
Office of the Prime Minister
80 Wellington Street
Ottawa , ON
Canada
K1A 0A2
Dear Prime Minister Harper,
It is with great regret that we, the undersigned participants of the International Expert Workshop on Indigenous Peoples' Rights, Corporate Accountability and Extractive Industries, and the International Conference on Extractive Industries and Indigenous Peoples, note the adoption of the new Corporate Social Responsibility (CSR) Strategy for the Canadian International Extractive Sector. It is a strategy that falls far short of upholding Canada 's international commitments on human rights, Indigenous Peoples and the environment. By advising on existing voluntary guidelines, instead of imposing binding, regulatory requirements, it is one that will do little to stop abuses by Canadian extractive companies from continuing unabated and unpunished.
Among the Indigenous Peoples present at these two meetings - the first was organized by the Tebtebba Foundation and the second by United Nations Permanent Forum on Indigenous Issues (UNPFII) - are those who earlier in the decade shared personal reports of abuse by Canadian mining companies with the Parliamentary Standing Committee on Foreign Affairs and International Trade (SCFAIT). In 2005, as you know, that Committee responded by calling on the Government of Canada to "establish clear legal norms to ensure that Canadian companies and residents are held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies."
In "Building the Canadian Advantage" that recommendation has been ignored, as have the groundbreaking consensus recommendations that resulted from the National CSR Roundtable process. Together these recommendations represent the views of national Parliamentarians, civil society, Indigenous Peoples, industry, labour, socially responsible investors, academics and members of the Canadian public. Given this breadth of support, it is disappointing that the Conservative Government of Canada has chosen to so freely set aside the progressive outputs of democratic and officially mandated dialogue.
Particularly alarming in the new CSR Strategy is the absence of an independent and empowered ombudsperson to investigate and respond to the concerns of affected communities, and the lack of provisions for sanctions and withdrawal of public support when extractive companies fail to comply with human rights and environmental standards. Furthermore, an appointed CSR counselor, who requires the consent of the company involved to undertake a review, and who may target his or her review at both communities and their allies, offers no real recourse for communities that have been adversely affected by Canadian extractive companies, and raises serious questions about corporate co-optation of this instrument, as well as fears that the review process may be used against Indigenous Peoples.
Over the course of the last seven days, numerous participants at the International Conference on Extractive Industries and Indigenous Peoples and the International Expert Workshop on Indigenous Peoples' Rights, Corporate Accountability and Extractive Industries have made it clear that the abuse of Indigenous Peoples' rights to lands, territories and resources at the hands of Canadian extractive companies is ongoing. This reality once again underscores the failure of voluntary, industry-driven initiatives to protect human rights and reinforces the need for extra-territorial regulation of extractive industries, especially in the context of weak governance in host countries.
It is our position that the "Canadian Advantage" has already been established in the global extractive sector and it has been established at the expense of the environment and of Indigenous Peoples. The advantage that has been lost is Canada 's reputation as a leader on human rights.
As these important meetings draws to a close in Manila, we call on the Government of Canada to take immediate steps to bring its CSR Strategy for the Canadian International Extractive Sector into line with the recommendations of the SCFAIT Report and the Report of the Advisory Group to the National Roundtables on CSR and the Canadian Extractive Sector in Developing Countries.
It is also critical that any effort by the Canadian government reflects respect for Canada's obligations under such agreements as the Convention on the Elimination of Racial Discrimination, as well as internationally recognized rights that have been entrenched in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). As you are aware, UNDRIP was endorsed by the Canadian House of Commons last year and in 2007 the Committee on the Elimination of Racial Discrimination' s (CERD) concluding observations to Canada noted: "with concern the reports of adverse effects of economic activities connected with the exploitation of natural resources in countries outside Canada by transnational corporations registered in Canada on the right to land, health, living environment and the way of life of indigenous peoples living in these regions." CERD concluded by recommending that Canada "explore ways to hold transnational corporations registered in Canada accountable."
Until such a time as full regulatory measures governing Canadian extractive companies can be enacted, we further encourage Canadian Parliamentarians, including members of the Conservative Party of Canada, to consider passing the proposed Bill C-300, an Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries. Over the short-term this Act would effectively supplement the Canadian CSR Strategy by requiring publicly-funded extractive companies to uphold standards like the International Finance Corporation' s Performance Standards on Social and Environmental Sustainability, with Ministers empowered to review complaints and required to report back to Parliament. Particularly welcome are the suggested amendments contained within Bill C-300, which would lead to the withdrawal of support by Export Development Canada and the cessation of investment by the Canadian Pension Plan where extractive operations are inconsistent with the guidelines that are endorsed in section 5 of the Act.
Ultimately, we request that you reconsider your limited CSR response and commit to measures that genuinely address the serious human rights and environmental abuses associated with Canadian extractive industry companies.
For your information, we have attached the Manila Declaration, the document that resulted from the International Conference on Extractive Industries and Indigenous Peoples, and will forward the report of the Expert Group Workshop when it is finalized.
We look forward to receiving your reply and request that it be directed to the Secretariat for the UN Permanent Forum on Indigenous Issues, so that they might in turn forward it to participants of the Manila meetings.
Thank you for your consideration of our concerns, which echo those raised by over 100 participants from 35 countries.
Institutional Signatories (as of 30 March 2009)
Indigenous Peoples Alliance of the Archipelago ( Indonesia )
Cordillera Peoples Alliance ( Philippines )
Kanak Agency for Development ( New Caledonia )
Centre for Environmental Research and Development ( Papua New Guinea )
Western Shoshone Defense Project ( USA )
PIPLinks - Indigenous Peoples Links ( UK )
Tebtebba Foundation (Indigenous Peoples' International Centre for Policy Research and Education) ( Philippines and UK )
Individual Signatories (as of 30 March 2009)
Mr. Brian Wyatt ( Australia )
Ms. Urantsooj Gombosuren ( Mongolia )
Mr. Cathal Doyle ( Ireland )
Ms. Meaghen Simms ( Canada )
Ms. Elisa Canqui Mollo ( Bolivia )
Mr. Luis Vittor ( Peru )
__________________________________________________________
Source: http://IndigenousThinkers@yahoogroups.com
Native Rights News is making this material 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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Thursday, April 9, 2009
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]"
___________________________
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.
___________________________
__________________________________________________________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.
__________________________________________________________
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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