And now:Ish <[EMAIL PROTECTED]> writes: NETWARRIORS FRONTLINE REPORTS 17th WGIP 7/30/99 ____________________________ [excerpts from the western hemisphere] Indigenous Relatives and Supporters: *********************************************** Unrepresented Nations and Peoples Organization Monitor Working Group on Indigenous Populations 17th Session 26 July - 30 July Disclaimer: This monitor is not an official transcript of the Working Group, but represents substantially what was communicated during the meetings. UNPO apologizes for any inaccuracies. If you have corrections, comments or suggestions please contact the UNPO Secretariat in Room A 388. Wednesday July 28, 1999 Day 3, Afternoon Session 1. Chair Mrs. E. Daes: Opened the session at 15 :14 and requested delegates to restrict comments to item number 5. 4. Ambassador S. A. Seifert Observer Government of Bolivia: She wanted to take the opportunity to describe the governmental policies relating to IP. Substantive progress has been made to recognize the rights to land and access to natural recourses for IP in the constitutional reform in 1994. The indigenous population is now recognized by the constitution. For the first time, the constitution recognizes land rights as collective rights. Before this reform, we only recognized the right to hand over land for agricultural use. Now community lands are also under this provision and are protected under the constitutional court. The legal scope of these provisions has been determined.Community lands cannot be handed over or sold to third persons and the territory will be governed under the local rules and customs. In accordance with them, they consider the rights and laws of IP if not in conflict with national legislation. Small farms and community property are exempt from taxes and agricultural property payments. These are main achievements under the new law. With regards to forest resources IP are guaranteed exclusive use of forest on community lands of origin therefore there is no need for prior authorisation for domestic or traditional use of the forest. Any non indigenous person must acquire a forest concession. The IP do not need the concession. 21. Mr. Ramopn Conde Mamami-Taller Historia Oral Andina: Said he was satisfied by his participation in the WG meeting. He felt was free to express what was happening in Bolivia in regards to their relation to land. Bolivia has a new constitution and IP are now recognized constitutionally. However the state does not implement the new laws and most of the indigenous population is unaware of the new rules. Many tribes continue to be subject to colonial policies. This is why they feel they need to rebuild their traditional society. What they are seeking is control over their land, and the management of renewable and non-renewable resources. They are aware of being the legitimate owners of the land. The deeds passing the land to the Spanish are being traced in the archives. However the new law says that the land needs to be developed within a ten year timeframe. Four years have already gone. He called upon governments to assist in developing traditional lands. He hoped for dignity and equity amongst people around the world. 22. Mr. Jesus Candelario Cocio/Congreso Nacional Indigena Union de Comunidades Indigenas Wixaritari de Mexico: Mexico is facing difficulties in recognizing the multi nationality of the population. His community was searching for social justice throughout Mexico but found that the political will is lacking. Land for them is a definite area as it is for other IP. The creative forces in land maintain a balance in life. The natural habitat earth is not separate for us. We must respect it so that life can go on. National states should recognize the title deeds of native populations. Holy places should be recognized within communal territories. IP should be consulted on infrastructure projects. Recently a road was to be built through a secret holy place. Mother earth gives us life and we give it back in return. 24. Victor Alonquo Boudon/Sociedad para el Desarrollo Mapuche: The relationship between IP and land derives from the impulse that land gives to IP, the ability to find loved ones. It is not just a structure it is important for survival. He agreed with those describing it as a support. There is a definite spiritual cycle to do with the family. This is lost once a state government starts using the lands and thereby IP lose their social structure. There is a lack of will to recognize indigenous land rights but government also does not recognize this link between us and our land. As a social worker, he had seen many women who fell victim to violence from their husbands. We may not allow ourselves to fall into the same trap as the Western world. The relation to land can be preserved through education. He agreed with those who felt that dignity is important and should exist in the family. 25. Observer Government of Switzerland: The need for a general vision on Indigenous issues and for specific protection of IP can be seen in their relation to land. The interaction between land and IP are often complementary. Their needs are not made up by a natural framework but are also reflected in a cultural link. There exists a possibility for the enjoyment of their environment and the enjoyment of social, political and economical rights at the same time. This is possible if the land rights are protected under law. Which in turn is possible by registering land titles in a land register. The Swiss government supports sustainable methods of farming and breeding. With their particular relation to land, IP play an important role in this kind of environmental management. In order for the experience of IP to continue to bear fruit for all, these peoples must be granted their rights and they must be adequately represented in decision making bodies. What is decided locally does not have to be centralized nationally. More ideas can be found in the general guidelines that Switzerland has deliberated with NGO's. In turning to the most disadvantaged nations, donor countries should not forget the IP amongst them. 26. Mr. Jean Auberic Charles/Federation des Organisations Amerindiennes de Guyane (France): The existence of IP on the territory now French Guyane dates back to before the French presence. Their relation with the land is the basis of their existence. He compared his people to stateless peoples in site French Guyana. Several resolutions have been submitted with the government. They must be treated with equality. The case of French Guyane is particularly sad as France is a developed nation. He urged that the relation between the IP and the government of France be brought in conformation with the international treaties that France is party to. He referred in particular to ILO 169. 28. Alejandro Cruz Lopez/Consejo Indigena Popular Ricardo Flores Magon: The IP of Mexico suffer of the taking over of their lands and natural resources. In 1992, the Mexican government reformed article 27 of the constitution of the country. This destroyed the revolutionary principles which were fought and died for by millions between 1910 and 1917. Article 27 established that communal lands could not be sold or bought nor could ownership be transferred. No one could acquire communal lands by utilizing it for a certain time. The land belonged to the people who had it as a territory. The reform means an individual utilizing land can acquire it as private property thus eliminating the communal band and allowing for transfer of land to private individuals. Someone outside of the community can now take over the land. The poverty of the Mexicans means they are an easy pray for multi nationals taking over the natural resources of the people of Mexico. An agreement between the government and IP deals with the autonomy of IP over their natural resources. Mexico has an enormous dept that it will want to pay of using these resources. Subsidies for rural areas are now only used in election times and we fear that our resources will be exploited by the government. Our culture that has existed for 1000 of years is thus threatened with destruction. 29. Helena Begay/Souvereign Dine Nation: All land is sacred to my nation and every day is a festive day as we pray to thank for life. The land dispute between the United States government and the Navajo-Hopi people continues to exist without a resolution. She seeks the HCHR to intervene in this crisis. They face a deadline to leave their lands before February 2000, so that a mining company can destroy their lands. They are under pressure to sign the relocation agreement or to be forced to be relocated to the new lands. These lands are radioactively contaminated areas. Their lands are being stripmined regardless of the presence of burial sites and holy places. They did not ask to be fenced in or to sign treaties but wish to live by their own traditional laws. She urged the special rapporteur to continue her good work. 30. Mr. Estebancio Castro/Movimiento de la Juventud Kuna: Officially, the UN has been dealing with Indigenous issues since 1949. But since 1982 when the WG was set up we have been able to express ourselves about our relation to land, the Rio declaration, ILO 169, the draft declaration etc. They understand their land to be their mother and hence their culture and not just a means of production. There should be respect for all the components of land and hence land should be protected. They have been suffering serious damage to their lands due to mining. Our right to life on the land is granted but the government still holds the right to exploit its subsoil resources. So they find themselves in the absurd situation of recognition of their right to land but not of the subsoil of the land. Because of the urgent needs of IP states should recognize their right to land, language, culture and preservation of natural recourses. He suggested that the relation between IP and land becomes a permanent agenda item. It should recommended to the sub-commission to study principals and guidelines to solve problems relating to land rights. 31. Lazaro Pary/Indian Movement Tupaj Amaru: Referred to a written statement by the Indian movement and one by the Aboriginals of north Russia. He wanted to know what had happened to them? Reading the report, he would like to make some comments. Mrs. Daes had used abundant material and cited many publications. The study is a main contribution to the claim of indigenous nations to their native land. However it does not take sufficiently into account the problems relating to terra nulius. It will not be sufficient to note simply the ancestrial relation. The indigenous question is inseparable from the land. The colonizer has broken the balance between IP and their land. Now an extra grave threat exists in the form of multi national companies. He suggested to add to the draft declaration, the right to collective ownership of land that has been occupied as well as sovereign control over natural resources. Accord to GA 1803, the IP should have permanent sovereignty over their natural resources. The right to compensation should be extended to injury and harm. They have, also, suffered as a result form pollutants used for the production of great profits. He urged the members of the WG to recommend to investigate the conflicts between multi nationals and indigenous land. 34. Mr. Hjalmar Dahl Inuit Circumpolar Conference: No significant progress has been made since the first WG. Although the draft declaration has been passed by the WG, it has not made progress on its way to the GA. This is due to the mention of the right to SD. Is this due to the mention of the right of land and the right to self determination? Inuit cannot live without their land and their water. Our right to harvest and hunt is a collective right. We also have the right to the surface and sub-surface resources. Earlier, I mentioned the case of Thule and the forced relocation of the IP. The Danish High Court will deliver its verdict on this case in August this year. The prime minister of Denmark disputes that the IP have the rights they claim. Denmark however ratified ILO 169 and therefore granted IP a right to their land. We await in great anticipation the verdict of the Danish high court. He requested the WG members to have relation to land as a permanent agenda item. He also requested the WG to be extended to hold a 10 day meeting. 35. Chair Mrs. E. Daes: She pointed out that the extension of the meeting is not up to Working Group members but up to CHR. She announced that Mr. Dahl had been the last speaker. She thanked the interpreters for staying 15 minutes longer. Requested participants to bring copies of their intervention for the interpreters and the secretariat. She then gave the floor to the Secretary 36. Secretary Mr. J. Burger: Announced that the indigenous caucus would meet in room 22 immediately after the session. Tomorrow, the indigenous reception would be held. The World Commission on Dams would give a presentation on Thursday 9:00 in room 25. Finally, he passed on a request from WHO, to fill in the questionnaire in the back of the room. 37. Chair Mrs. E. Daes: She reminded the participant that there were still 165 speakers on item 5 and asked them to please consideFerran Cabrero - Fiona Glen - Annabel Maupas UNPO Contact addresses: Office of the General Secretary Americas Coordination Office Tartu Coordination Office Javastraat 40a 444 North Capitol Street P.O. 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