1 12 34 https://www.abyayalanews.org/files/original/c400361e46b468df5afcaef0f9524f08.pdf 69c7f3574b1e3974cd16fa43d7830b51 PDF Text Text ABVAVALA JOURNAL OF THE SOUTH AND MESO AM ERICAN INDIAN RIGHTS ( ENTER (SAIIC) VOLUME 8, NUMBER 4, WINTER 1994 0 1'["'}~ ll=iJlU!~'1l ~ [Q)~J'$fulw ~~ 0 ~~~~~ ~~@ o ~oo~~mtw m©l C~LfMDD'nfulw ~~ ~~ LINKING INDIAN PEOPLES OF THE AMERICAS PRICE $4.00 �c 0 T E T Abya Yal a N ew $ s E<ft""' SAIIC Board o! o;,w.,.., Coonfll\ol.tors; ConSWIU Cawo. OavidTcd:Jin D<lign & LoyovtAl~ ~ Ed'r-.oril! Assistant Ma.rc Seeker Copy E6te<: Q,<ryl Musch Editorial. ... •••••• .. .............. ............ 3 SAUC St:aff !);<we<: N Oo ~ In Brief . . ..................................... 4 Adn'llnistratn..oe Coordinator: Leticia Valdez Convn..lnications CoordNtor: Marc 8«ker Perspectives on Biodiversity and Indigenous Knowledge SAIIC Boilrd of Oi!"t'!ctoi"'S Community Integrity, Biodiversity and IPR ... .• •• • • • ... 6 W;va Alderete (c.Jchaqu;.Af&entina) Ne,oodro"'""" Atgcmedo (Qu«hua·l'eru) Nio ~ (Mapu<he·Af&entina) Gulrenno Odg.OO (Qv«hu.>·BoiM.l) Safeguarding Indigenous Knowledge ........ . ••••• • ... 9 -HuetU(~) The Human Genome Diversity Project ......... ..... 13 Canos M<~ (Mislcito-N~) Gina (S.u> Canos Apache/O>ic""') Case of the Guaymi Patent...... .. . .. ............. 16 M>n:os Y (Maya·Qu;che!Gwt..,.b) oc COICA on Biodiversity and IPR . ... •••• • ........... 17 S ubscriptio ns: Guiding Biodiversity Collections. . . . . . . . . . . . . . . . . . . . 19 ~Ya\a News (ISSN 1071·3182) i$ a-r.\ILJ,!)!e for' 3n ~"WJ.lJ S IS,...,..,.,~ S<S !o< l<>d.gencWsoci>l just;ce Development and Biodiversity in the Andes . .......... 21 non1X'Q6tS. $40 irfvjtubons., For Can34a ~ Mex)co ~ $S, for an othel' intetn.:)tion31 ~add $ 10. Internat ional W e wtlcQI'T'IC subrnis1ions of~ lettetS. photographs 3t'ld Free-determination and the States: Commentary on Barbados Ill .............. . ....... ......... .... 23 Mapuche Launch NAFTA Campaign ............... .. 25 ~t informatiQo. Lettet'S ¥1<1 ~ may be edited fOt' l¢ng1h. If )OU ~ 3CCess to a c~ send )'01.1" :ride en~ and on ¥lApp!¢<~ 3 1 n:h<i!k Send :.1 (:()('> 12 ~·"" SAIIC P.O. Box 2$703 Oakland. C A 9460-4, USA Phone: (S 10) Sl-4·4263 Fax: (S 10) 834-4264 e-mail: u ii<:@igc.::t.pc.org Self-determination and Territory Negotiating Maya Rights .................. ........ 26 Environment and Development Update: Panamerican Highway .. ................... 27 Hidrovia Mega-project ........................... 29 W e would like to thank the following individuals and organiutions for th~ir generous a.ssist:anc e to Aby:a Y:ala News Be-t &:!1'-e, ~ ~"'lq.''. SeiMt ~ Sty A. Tnc<! )': S~ef.VIOV~.and ~ Rt.U"$.l.w~ ~ th.ltic.s toVdSt W>td, Woman Interview with C armen lrnamberna ................. 30 Organitations: Atnerincb (Sp.l:.n), ca:Y.S (So{w), DoCip (~•,,.,...'><~)."""""" (l<o<way), ~ """"""'~ (USA). """" (-~ P.~· A<t>o<> Ne<wo<I<(USA~ Tll't (No•way·Sp.lin~Uv>o lh'en<he ~ (No<w.>y). - Chiapas Update ........ .. . ..... .............. 32 Publk ntions: NAORP (UC Oav.s. USA). ~..... V.etar'\.1 (Bo!M,\~ ,.._, (Me>oco~ , _ . . ...,., (SoW). Human Rights T h an ks to the following founda t io n s for their g en e r• o u s support: John 0. ~ QthQnne T. M,)( A.!'1hut" f~tiQn. Gcn¢ral SorWce f~bOn. Pvblte Welf~~ -t>OO.The T""" Fovnd.ltion. found>t>on !0< Deep EcolOgy. Bra.zil: Crimes Go Unpunished . .............. .. .... 33 Organization and Communication .............. 35 o..-- SAIIC Rp~sen U~ tives abroad: Juon SebM>1n W.·R£CN8t.JEN Calendar of Events... .. . ......... . ........... . 38 SAIIC News ................ .. ......... ....... 39 (No<wo,). Ro!aei ~ Sosan OOonen (ea.-). (Gc<many~Alejanc>o~ & •Atrya Yatl is the~ IM>td fer Con~t ofiJ!'e \~h ~ al of the A.mel"icas SAJIC IS located ~t 171-i Fl'¥lldin Strtct. ltd Floor. Oa.lcilnd. CA 94612. P$ta;sl! ~all correspondence to the P.Q 8ox ~. �EDITOR I Al he impact of neohbernhsm on Indigenous nations. org;amz:mons, and cultures of the i\meri.cas has bttn se\'ere. The reformulauon of the world e<:onomy occording to the globo.h.z;ltlon of capnal has not bttn translat<d onto ~nefits for our commumuc.. Rather. 1t IS precisely thiS glob3huuon that has sharpened our probl<ms Foreign investors contmuc to vtC\\' Latin Amcnca as the place from which rich6 can be txt meted or where the first world~ toxic w:lste can be dumped. ohcn wuh the consent of ahe nauonal go,•cmmcnts. Pan of this continuing tno\'cmcm for economic appropnauon as the increasing auempts to collect and commercialize Indigenous peoples' knowledge and biochversuy. This practice of seeking to mine our minds-.1nd C\'Cil our bodies-is com1nonly known as ..bio· prospecting,'" and brings with h the threat of tremendous nc,., mis.1ppropriation of Indigenous resources. To counter this intens•fymg threat, lndigcno11S peoples' org.,mzat•ons urgently need to de\'elop continentol str.uegic responses or mutual suppon based on our rich experience or resistance to colomol forces. A b.1S1C understandong of the processes shaping Western forms of ownership and access tO b1od1\-ersny IS an 1mponam fir>< step 11'1 thlS struggle. Through th1s ISSUC of 1\bya Yala ~..,~. "" hope tO pro1'11()1e the exchange of informauon and expenences that the situauon dem.1nds. \Vt wish 10 emphaslZC. howc,·er. that securing protccuon for lnd1genous knowledge and blolog1cal resources is only pan of the Struggle we ha\'t bttn ta")•ng OUt for 500 )'ears. the struggle tO secure self-determination, human nghts and territory. Until now. Indigenous (>Copies' knowledge and innov:uions have never been recognized. b1.u rather T have been expropriated. without compensation. along whh l:md :lnd resources. Currem notional and mtcmational initiatives dcahng with ..rights" to biodiversily arc vague, are not being unplemented, or are dtrectly counter-productwt. Appropriate con.sen.-auon of baodh·ersity in lndtgenous temtories at the genetic. spcc1cs and ecosys· tern lt\'tl is fundomentol tO the S\U'\.;\'3) and dc\'eJOpmcnt of our SOCl<Ues. Yet, the gJobJhuuon of the morket and free-trade 1dcology. today often equated wnh democrxy and paniopouon. ha\'e on the bst )·ears increased the commod1ficouon and erosion of b1odwer:.ur Businesses are focusong on tnd•genous peoples' tradiuonal homelands because they are b1olog•colly nch areas. Ther are seen as reservo1rs of geneuc resources for the food. agricuhurt and pharmaccuucal •ndustries. escalaung pressurts on the land. resources and cuhurt> or Indigenous societies. Consequently, Indigenous peoples around the globe arc f:1cing enomtous pressures to commercialize their lraditional resources ond knowledge. \Ve are no1. by :my means. trying to encourage Indigenous communities to become PQrt of the so--called free market, or to j01n in the commercialization of Mother EanhS resources. If lndtgcnous communities want to sell thctr resourc:es or to get compcnS3uon from the corporations or other bcxhes scekmg access to these. they have the nght to do so. But we ho•-e to remember that future generauons "'II also depend on the land and ecosystems to sul'\.;\'e, much mo"' than on any money the sole or thde resources would bring. \Vc wish to emph3SlU the need to continue fontf)•mg an lnd1gcnous movemem whtch cnvts•ons ItSelf at 1he continental and t\'Cn tht> global level. \Ve canno1 afford to let the corporations and n:uaonal gov· cmmcms divide lndtgenous peoples and communntc. from r.ach other while they seek to plunder our resources. It is imperative to face th1s latest assault wi1h a com1non agreement otnd a unified strategy for survival in the short. medium and long-tenn. SAIIC lloord of D1rectors 1All8No.4 �IN BRI E F Indian Communities Trapped by Ecuador-Peru Border Conflict At a press conference concluding their vi.sh. the commission announced that the government could stand in viol::uion ighting erupted between the Peruvian and Ecuadorian armies in a disputed Amazon border region along the Ccnepa River valley on jan . 26. What looked at first like an isolated border skim>ish has escalated into an intense connict with at least 4 7 dead and 94 wounded combatantS. The Confederation of indigenous Nationalities of Ecuador (CONAIE) demanded a cease fire on jan. 31. stating that. of the right to life and well-being as a result of oil pollution in F the Amazon. A final ret><>n on the visit has yet to be released. For mol"( information. contaa: Sierra Club Legal Dtfensc Fund, 180 Montgomery St.. Suite 1400. San FranciS<o, CA 9410ol, (il5) 627-6700, Fox: (415) 627-6740, email: S<ldfsf®igc.apc.otg. "'more than 300 communities are located in the zone of mili· tary conOict. these Indigenous communities that have not been attended by either the government of Peru or of Ecuador'". Peruvian Indian Communities File Suit Against Texaco n December 29. a class action lawsuit was filed in feder- An unknown number of Indian residents of the region al court in New York on behalf of 20.000 Indigenous have been displaced from their communities, despite etlls by CONAIE for the governments to respect the lives and territoof Indigenous peoples. The war is reportedly costing each side over $10 million a day. and has heated up \\oth bombings on each side of the border and the downing of several 1)' O living on and around the Napo River in the nonheast people Peruv'ian Amazon. The suit charges that mismanaged Texaco activities within Ecuador. along the upper reaches of the Napo R h·er. caused severe damage to the lndkms· way of life in Pem- damage due to the release of huge amounts of toxic chemicals. and to repeated oil spills. This case follows a Peruvian planes and a helicopter. Ecuador accepted a ceasefire mediation offer frorn former US president Jimmy Carter ground-breaking victory by Ecuadorian Indian organizations and former Costa Rica president Oscar Arias. but Pcn.l in the spring of 1994. when a New York court held that Texaco could be held liable in US courts for their actions in dedined to comment on the offer. OAS Commission Investigates Ecuadorian Human Rights Violations or years. Indigenous organizations in the Ecuadorian Amazon have suffered human rights violations as a result of massive oil development carried out by US-based multina· tional corporations and the Ecuadorian government within their territories. The struggle to resolve these problems hit a turning poim on Nov. 7 when the Organization of American States' special commission on human rights arrived in Ecuador to investigate hUinan rightS abuses in that country. Ahhough the commission framed its visit as a general investigation of the human rights situation in Ecuador, the F impact of oil development on Indigenous peoples was one of Ecuador. The Peruvian suit charges that "Texaco deliberately ignored reasonable and safe practices and treated the pristine Amazon rain forest ... and its people as a toxic waste dump." It further contends that over 400 flawed well sites were built. despite TexacoS fu11 knowledge that they would result in severe spills and environmental damages. The Ecuadorian governmem estimates that Texaco spilled 16.8 million gallons of crude oil and oil residues in its Amazonian provinces. with an unknown portion winding up downriver in Peru. As recently as 1992. the Peruvian Rio Napo ran black with cn•de that had been released upmeam. Information 1m>vided by Edward liammo1ul. two topics the Commission actually investig:ned (the other being the treatment of prisoners). Half of the Commission's delegation traveled to the Oriente region. where they met with representatives from grassroots org.:'lnizations and leaders of the Cof:m and Siona-Secoya ethnic groups. Commission members were oppalled Ol the impact of Texaco oil develop- Brazilian Senate Proposes Law Threatening Land Demarcation T he Brazilian Senate approved a bill aimed at eventually reducing existing lndian Areas within frontier zones. and process of future demarcations. To become complica~ing the ment on the environment. The Commission also met with a Huaorani cotnmunity from the Napo region who reponed on .pollution and the encroachment of colonists in their territory. In addition to meeting \vith state authorities, the Commission consulted environmental. human rights. and Indigenous organizations. including representatives from: CONAl E. CONFENIAE. COICA. ECUARUNARI, FICI. FOIN, and OINAE. 4 law, this bill will h3\•e to be approved by the Chamber of Deputies and the President of the Republic. If appro"ed. 1he nomic groups whh a \'tsted interest in exploiting the natural resources within the Indian Areas. as well as cenain sectors of bill will put the already demal'(ated Y anomami Indian Area. located along the Venezuelan border, at risk of being reduced. anomami, but would be a The bill threatens not only the Y blow to all Indian peoples in Brazil. It is supported by eco- Abya Ya~ News �It< BR I EF the mthtary ''ho insiSt that lndtan l3nds m the frontier zone threaten nn.ttonal security and the m:umen:mce of Brazilian Indian Lands in US and Canada Targeted for Nuc lear Dumping sovercigmy. uclear waste throughout the United States N could soon endproduced lands of the Mcadow L..1keunder up in the Cree R eserve in C1nadaS Saskatchewan pro,•incc. If plans This effon by the Senate is one more obstacle to the already slow process of demarcating Indian lnnds in llrazil. According to the b•ll. future demarcations would require the appr0\'31 of the Nauonal Congress. Additional proVlstons would require the Prestdem 10 consuh with 1he go\'cmment of the state m whtch th< indtan Area is propos«!. Th<SC rules would make the demarcauon of lndtan lands anywhere extremely difficult. ,f not tmposstbl<. From CIMI (lndaarust M1.$Sionary Councd). More of the Same Under Paraguay's " Democratic" Government ndtgcnous peoples in Paraguay have yet to r<:~p th< benefits of was restored after more I democracy. whichdictatorship. l.mle1989changed for than three decades mdtt;tl')' has Paraguay's m of lndtgenous peoples since G<ntr:ll Alfredo Stroessners ovenhrow m 1989. In fXt. many of the COUnt I')·~ lndtgenous commumtK:S h."" been fighnng mcreased pressures to force th<m off their lands. as well as go\'emment indifTcren« to thctr needs. ·we have utle to our land. but u has been invaded by more than 200 J>CaSMt families. Our forest has been destroyed . our wild fruit trees have been uprooted and tossed aside without pity. the ammals in the jungle have been ktlled off and we arc going hungry." said Nobeno Romero, an elder in the Mby:\· Gu.1ran! community. located in Ypao m the southern depanment of C.'W:!p;l Dozens of Slmdar oonOtcts are bang "'"rtookcd. or pia)~ <10\,,, b)• President Carlos Wasmosy~ 80\"mment. In 1993. th< Indigenous communll)' m Ypao managed to have some of 1ts ten'itOI')' demarcued :>san lndtgenous reserw. The community of Ypau was gt\'Cn 2.600 hectares of natural forests and sw~mps 10 share wtth two other communities. However, this has not put an end to the land invasions which beg.1n in 1989. The most recent land invasion in Yp;ll\ began this pasl April, an official in the Mmtstry of Agriculture and Ranchmg~ Farm Credit Office is reportedly a pnncipal backer of thiS tn\asiOn. Three months after c:nmpesmos began invading the lndtgenous lands. the jusucc MtniStry ordered police to dtSIoclge the '"'':lders. Yet. no acuon has been taken. Tht P::tragu3)"4ln go,•emmentS pos.1t1on m relation to lndtgenous communities is charactcnzed b)· a double standard. Parnguay has one of the best laws on Indigenous rights in Latin Amcnca. bltl)X\)'S little attention to it. lns.e:td, according 10 the lndlgcno<IS rights group Professional St>Cio·Anthropologicaland Lcg.1l Setvices. the government has actually tried to paralyze the progress of Indigenous communities and allied NGO~. Info' mauon j1am LAlinamcrica Pins, Uma, Ptro Vol8No.4 cons1derauon by tribal councils. nuclear power companies and go\'crnment agencies come to rnuuon. this would be the final stop m o long chain of nuclear \\3Ste production and storage housed on. or adjacent to, lndtan l>nds. The US Department of Energy ond a potential waste rectptent, Atomic Energy of Canada LTD. are considering construcuon of a pennanent nuclear waste dump on the Mcadow l.ake Cree Reserve. The Mcadow Lake Tribal Council has supported this proposal. In their current Economic Initiatives Report. the Council touts the dump as an econolllic boon for the tribe's 8.000 mcll\bers. In promoting nuclear waste as the cure for economic tlls. the Council follows in the footsteps of the Mescalero Tnbal Counc1l in New Mex1co. whtch has offered the Mescalero rtserv;uion as a temporary nuclear storag.e site In Feb. 1994, officials of the Mcadow Lake Cree and the C.'tnadtan go\'Cmment ,;sittd the Mescaltro Reservauon, and are reponedl)r working on an agreement within which the Mescalero would act as temporary holder and broker of US nuclear waste-which would then be shipped on to Cree lands. Mescalero Tribal President Wendell Chino is currently negotiating with thirty-two utilities and three nuclear companies for storage of their waste, according to a Grecnpeace representative . Thtsc pbns may ha,·e been forestalled by a tribal plebiscnc m whtch Mescalero mem· bers eategoncally rejected proposals for nuclear wliSte stor· age . The Nonh American Free Trade Agreement (:-<AFTA) has p:.wed the way for intern;:uion:ll shtppmg of nuclear waste. lrmdiated fuel is a non-tnriff 11cm wilhin the trade agreement. m3king it economic to ship nuclear waste into Can::tda . The only requirement is access to temporary and permanent storage sites. For this. Indigenous l:mds ha\'C been targeted, just as they have always been for nucle3r tcsung. ur:m1um mining and fuel enrichment. Tom Goldtooth of the lndtgenous Envuonmemal Network cha.ra.cterizes this as · a plot b)' go,·emment and mdustry to take advantage of lndtan t<rntones.· He adds. · They know that we don't ha\'C cm•aronment:ll codes or lltfmstructures that would protect us from storage of waste. Our network :md our constituents have been vehemently opposed to the federal strategy to site nuclear facilities on our lands. It has to be stopped. If 0\11' elected tribal offi· dais-and some of them are puppets of the government-won't stop 1t. our grassroots 0rg3ni:ataons w111.· 5 �P ERSPECTIVES ON BIODIVERSITY AND I NT.,_LL EC_,_UA L_,__,,O PE,R_,_' -- - - - - - - - - - - E, , o, T"'= P R , _, TY Biodiversity, Community Integrity and t he Second Colonialist Wave He whare maikhi tu ki roto ki te tuwatawata. he tou no te rengatira: he whare maihi tu ki te wa kie te paenga. he kai na te ahi. An ancestral house standing inside the community is the sign of chiefliness: one standing in the open is food for fire. - Maori Proverb by A T P roha e areake M ead M the Maori proverb above indi- tes. an ancestral house. or any pe<:t of heritage which restS within its home community. holds in itself and brings lO its people numa- AroJta Tt Pm·wkc Mead is a Maori aclivi.st and works wi1h Taonga Umittd in Ac>tcoara, Nt."W Zealand. 6 respect and sovereignty. If the house or any other aspect of heritage. either tangible or intangible, is taken away from its community and from its context, it becomes at risk of destruction. "food for the lire."' And its people are confined to • destiny of mourning for the loss of a beloved and irreplaceable pan of their heritage. For Indigenous communities. the underlying meaning in this pro\·erb is that the life force of that heritage still exists regardless of the physico! circum- stances around it An ancestral house will always be part or the heritage or ilS own tribal community even if it now fomlS pan of a national or imemational museum collection. #Jya Yala News �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY An Indigenous plant. its extracts and seeds. will always be part of the heritage or the community, who have imerncted with it for so many generations that the plant has become j>art of the language of that community, its significance reafGrmed daily in (waiata) songs. (whakatauki) proverbs and (whaikorero) traditional greetings. The Second Wave of Colonization The first wave of colonization consisted of the forced misappropriation of Indigenous lands and resources. most often through ,·iolence, resulting in mass alienation of Indigenous peoples from their homelands and heritage. The denigration of Indigenous vah,tes and practices was sanctioned by religious and social beliefs that tribal peoples (non-Christi:ms) were savages and barbarians, and 1heir cuhurnl traditions "'heathen'" and evil. Settlers claimed that theft of Indigenous lands served the .. public good'" and that new technology promised more effective land usc. improved farming methods. and new crops. Time proved, however. lhat new farming technology kept being impro\'ed until most farmers could no longer afford it. New methods also brought soil erosion. pesticide pollution. and the final insult. ha'"ing to buy seeds which were prc,riously 53.\'Cd ftom the harvest. Where Mother Earth used to be the equalizer for those who used her resources to feed, clothe. shelter and heal themseh'es and others, technology has turned her imo a factory. The second wa\'C of colonization sets its sights on mis.'1pptopriating what little remains after the first wave. the "'intctl'\gibles" of Indigenous cultuteslndigenous knowledge of the environment. pre"entative and curative healing practices. and panicularly traditional uses of Indigenous plants (medicines. dyes. complimentary crops to name but a fcw).\Vhere the first wave of colonization was made possible by nonnalizing the violence against Indigenous peoples Vol. 8 No.4 as in the service of "the public good," the second wave is accommodated and encouraged through national and intcrn:nional legal instruments which allow st~ucs and privme companies to exercise-through legal and financial nonns and standards~xternal private and exclusive ownership of 1he tangible and imangible heritage of Indigenous communities. liS not at all coincidental that the jus1ification of this misappropriation is the s..1.me: "It's for humanit)'. for the public good ." Before. it was land acqui· s1tion. Now. it is acquisition of knowledge and resources. No matter how one · looks at it, the result is the s..u ne: outsiders forcing the concepts of commodification of resources and acquiring ownership of the ancestors· gifts-lands, resources and knowledge. Cultural and Intellectual Property Rights Governments as well as private companies are now clamoring to copyright and patem Indigenous an forms. medicinal plants. languages and even genetic materials. Signatory states to the Convention on Biological Diversity and the UN Conference on Environment & Developmem's Agenda 21 (1992) are now required to respect and take measures to protect the Intellectual Propcny Rights (IPR) of Indigenous peoples and local communities with respect to bio· logical diversity. Many States have inter· preted these international directives as justifying the redesign of their national IPR legislation to legalize State governance of community assets. but Indigenous peoples around the world view such measures as unnecessar)' intrusions into the integrity of their communities. h is neither logical nor practical that the best system for the protection of the cultural and intellectual property or Indigenous peoples resides with states or even with the international community. Protection can onty be designed and implemented by Indigenous commul1ities themselves in panncrship with individuals and organizations (local, national. regiomll and international) of their choosing on an informed consent basis. The body most c.•pable of respect· ing and enhancing the unique needs of an Indigenous community is one initiated. developed and staffed by the community itself. National and international instruments cannot possibly prepare communities for the challenges upon theit own stro.ctures of leadership and accountability. State instro.mcnts should focus on the activities and proccdtu·cs of companies, bm it is clear that many States would prefer to regulate the activities of communities. At a funda· mental level there is al.s o the problem of states. as well as the international comrnunity. assuming that they have a right to develop standards and legally binding instruments for assets which do not belong to them. New threats facing Indigenous Communities: A Case Study The attack on Indigenous communi~ tics is constant and significant. Indigenous communities cannot afford to ignore external pressure and simply to hope that ignoring the threats will in time make them go aw-a)~ A brief examination of the national activities and c.xpericnces of the Indigenous communities living in just 01'e UN member State-New Zealand-demonstrates the diversity of IPR issues facing Indigenous communities. The human genome contains the heritage not just of an individual but of that person's community. for many Indigenous peoples. the concept of "'ownership"' of a human gene e\'en by the individual is just not accepted. The ownership of a human gene by a company is therefore reprehensible. \ Vithin the Pacific. two attempts have already been made to patent Indigenous human genetic material (Solomon Islands and the Hagahai or Papua New Guinea). The Human Genome Diversity Project has targeted over 200 South PaciGc Indigenous communities for genetic 7 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTU~~ P R O P E~ TY ------------A L....!'-!~::!:.! R~~ sampling. Maori arc one of the few not on che lise (See arcicle on HGD Projccc pg. 13, eds.). However. che a11cmpced recommendation to the New Zealand government by Maori-that New Zealand discuss with other Pacific nations the itnplications of the collection of human genetic materials in the Pacific-fell on deaf cars. Research within New Zealand on cancer. alcoholism and otitis media (gl\lc car) has been reponed to focus on Maori genetic predispositions lO such conditions. In the hands of health insurance companies. genetic screening on the basis of ethnicity involves fundamental human rights issues which have yet to be c., plored. Copyright of Indigenous Languages In November 1994. che Oxford University Press attempted to secure an cxcl\lsivc copyright or che \Vi/limns Maori Umguagc Dicrionary. First pub· lished in l$44. the dictiOI''I:U)' remains the most authorilative dictionary of the Maori language. ll has been reprinted twelve times (seven editions) by the New Zealand Go'"ernmcnt Print Office, an agency established to promote the recording and publishing of New Ze3land hiscory for the benefit of all New Ze~landers. Many of che first Maori language and ~...laori history publications were financed and p11blished by a state- owned Printing Office on the underscanding that such publications were "held in trust~ as vital components of the national herilage. Prh'3tization of state agencies, including the Print Office. has opened 11p Maori publicatior\S to copyright by the privace sector. There are currently no mechanisms by which Maori can regain ownership. We will have to fight for each publication individually. Traditional Uses of Indigenous Flora and Fauna Several New Zealand companies 8 have developed successful cosmetic products using tradicional knowledge of nora and fa\llla. A ncdging phannaccucical induscry is also being developed. but at this point the cos1nctic propcnics of native plants are the primary ulrget of commercial exploitation. ln some cases the traditional knowledge comes from Indigenous informants. in other cases through research in historical records kept by early senlers-includingchosc of Capcain james Cook himself-which provide detailed and illustrated accounts of the properties and uses of native plants. The Body Shop recently negotiated with a small tribal company their extraction process for the oil of the native Manulla plant. Manuka is a native plant common to most of the North Island and of significance 10 many different tribes. such that songs, proverbs, weavings and other art fonns record the plant's special relationship to each tribe. Thus. from a tribal point of view. it is diffic\llt to accepc the validity of any IPR agreement bet ween two companies involving what most Maori would consider "common propcny."' Exploitation itself is easier to understand than the attempt to patent the process. or tO seck plant variety rights on the Manuk..1. Already. plant variety rights have been granted to national and international companies for thincen plants by the New Zealand government. In response, the Maori have filed a Treaty of \.Yaitangi Tribunal Claim against the go'"erntnent . seeking confirmation that all native plams are the heritage of Maori tribes in the first place. and that any decisions relating to the conmlercialization of native plants must by made by Maori tribes themselves. This historical case is due for consideration in mid-1995. Capacity Building: More Questions Than Answers The righcco intellectual property. as a western legal invention. was never designed co cope with the myriad ·properties"" now being thrust upon it. Indigenous knowledge and Indigenous resources simply do not fit into che IPR regime. Protection of heritage must be addressed through alternative mechanisms. but it must be a mechanism robust enough to apply to the diverse range of activities now thremening the heritage and livelihoods of Indigenous communities. Indigenous communities need to son out amongst themselves-without the interference of non·members-the tribal. sub-tribal and ramily "ownership.. of knowledge. \ \That is common property? Who has the right to give consent? Elders or youth? Tribal political structures or new additional specialiSt tribal organizations? \Vhat structures will they put in place? Should regional and national scruccures also be established? By whom? Indigenous communities should also make greater use of the infonnation highwa)' and strengthen national, regional and international networks in order to exchange information. offer advice and experience. and keep informed of the growing swell of che second wave of colonization - misappropriation of Indigenous knowledge and biodiversity. The most appropriate and resultsoriented contribution that states and the imernational community could offer is to provide additional financing for com· munity capacity-building. and to focus regulatory attention on external compa· nics. agencies, and individuals. As the Maori proverb scates. the heritage of Indigenous communities rests with those communities. If any aspect of this heritage is removed, it becomes food for the fire. Similarity. the proverb reminds us that che incegrity of a commul'lity requires us to hold firm and protect the treasures of the ancestors. If pans of our heritage have been lost. it is our responsibility to get them back. no matter how long il takes. Abya Yala News �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY Safeguarding Indigenous Knowledge: Intellectual Pro perty Rights and the Search for a New Framework by Darrell A. Posey afeguarding traditional knowledge who, along with many other rtse:trchers. and has think that l PR is not an appropriate become a central struggle in the mechanism to strengthen and empower S biogenetic resources expression of Indigenous self-detenni- traditional and Indigenous t>eoples. nation. While il is a growing awareness of the scale of past and present misappropriation by science, industry and The term Traditional Resource Rights, or TRR. has emerged from the debate around IPR to describe a broader, human·rights based concept composed of the "bundles of rightS" taken from other international instruments and agreemems (including IPR). TRR is a first attempt to define and identify to what extent existing international cus· tomary law and practice can be used to defend Indigenous knowledge and biogenetic resources. and then to build upon these ··bundles" to achieve Indigenous peoples' goals. Indigenous people will lead 1he process of develop- other commercial interests that has provoked this concern. traditional resources are also increasingly seen as the basis for greater political autonomy and economic self-sufficiency. Intellectual Property Rights. or IPR, has been proposed as a legal instnnnent under which Indigenous peoples could seek protectior~ for knowledge and resources. IPR developed as a western concept to protect individual, techno- logical and industrial inventions. The dangers lying within the IPR debate are well recognized by Indigenous peoples. D' Darrell Posey has many years' expcritrlt< worhing on IPR and biodh·crsity issues. and is curnmdy with the: Working Croup on Traditional R=•rce Riglus at the Oxford Ctntn: for Enviromnenl, Ethics. <.~nd Society at Oxfor<l Unh·mity. Vol. 8 No. 4 ing this framework according to their specific needs and practices. Biodiversity Prospecting and Economic Activities To understand wh>• the safeguarding of knowledge has recently become a major issue for Indigenous peoples, consider the following pointS: a) Global funding for exploitation: First. the Earth Summit (United Nations Conrercnce on (nvironmcm and Development), held in Rio de Janeiro in June, 1992. dealt in large part with how biological diversity conservation could be economically exploited through biotechnologicol development. and effectively highlighted the economic potential or traditional knowledge and resources. The Convention on Biological Diversity which emerged from the Summit calls for the study, use. and application or "traditional knowledge. innovations. and practices... ils accompanying document. Agenda 21. actually omlines funding priorities tO implement this process. As a result. considerable global funding will be directed toward the exploitation or Indigenous knowledge and biogenetic resources. b ) Bioprospecting: Second, an increasingly large number of companies are "'biodiversity prospecting--that is. looking for biogenetic resources (plants. animals, bacteria. etc.). including human genes. that can be used in the biotechnology industry. Quinine and 9 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROP,_"-''-'_ __ ERTY curare are famili~r examples of this phe· nomenon. Never before. however. htwe there been so many <::01npa.n ics and col- lecting organizations interested in those biogenetic resources that have been nurtured, protected and even improved by Indigenous peoples. The Guajajara people of Brazil use a plant called Philocarpus jabora11di to treat glaucoma. Although Brazil now earns $25 million a year from exporting the plam, the Guajajara have suffered from debt peonage and slavery at the hands of agents of the company involved in the trade. Furthermore. Pilocarpus popuhuions have nearly been wiped out by ravenous. unsustainable collecting practices. c) Economic possibilities for Indige nous peoples: Lastly. many Indigenous communities need and :~re looking for economic alternatives. In the tropics. there arc often few economic options other than timber e:•araction, mining. and ranching. Y the 1ropical e1, ecosystems are constantly touted as being one of the richest in biodiversity, with a huge potential for discoveries of new medicines. foods. dyes. fertilizers. essences. oils. and molecules of prime biotechnological use. In summary. the problem of knowledge and genetic resource exploitation now experienced by Indigenous communities is only the stan of a huge avalanche. The Right to Say "NO," and Categories of Protection The first concern Stated by Indigenous peoples in every internation· al fonun is their right not to sell, com· moditize. or have expropriated cenain domains of knowledge and certain sacred places. plants. animals. and objects. Subsequent decisions to sell. commoditize, or privatize are only pos· sible if this basic right can be exercised . At least nine C3tegories of traditional resoureesllndigenous intellectual prop· eny can be identified which a people or community may be concerned to pro· teet from misappropriation: l. Sacred property (images, sounds. knowledge, 10 material culture, or anything that i.s deemed sacred). 2. Knowledge of cur· rent usc, previous usc, potential use or plant and animal species. as well as soils and minerals. known to the cultural group; 3. Knowledge of preparation, p rocessing, storage of useful species; 4. Knowledge of formulations involving more than one ingredient; 5. Knowledge of individual species (planting methods. caring for, selection criteria, etc.); 6. Knowledge of ecosystem conservation (thar protects commercial value. although not speeifo"'lly used for that purpose or other practical purposes by the local community or the cuhure): 7. Biogenetic resources that originate (or originated) on indigenous lands and tcr· ritories; 8. Cultural heritage (images. sounds, crafts. arts, performances); 9. Classifo"'tory systems of knowledge. Quite dearly. knowledge is a thread common: to all these categories. Many Indigenous groups ha\'e expressed their desire that all of these be protected as part of the larger need to protect land, territory. resources and to stimulate self· determination. Control over cultural, sciel'uific a1ld intellectual property is de facto self-determi nation-although only after rights to land and territory are secured by law and practice (i.e., boundaries arc recognized, protected, and guaranteed by law}. But, as many Indigenous peoples ha"e d iscovered. C\'Cn guammecd demarcation of land and territOry does not necessarily mean free access to the resources on that land or territory, nor the right to exercise their own cultures or even to be com· pensated for the biogenetic resources that they ha"e kept. conserved. managed. and molded for th ousands of years. Traditional R esource Rights. These are labor law: human rights laws and agreementS: economic and social agreements: intellectual property and plant variety protection: fanners· rights: environmen· tal conventions and law; religious free· dom acts; cultural property and cultural heritage: customary law. and traditional practice. HighlightS from each of these areas arc described below. Labor law: IPR and ILO The International L1bor Orga· nization (ILO) was the forst UN organi· union to deal with Indigenous issues. establishing a Committee of Experts on Native Labor in 1926 to develop inter· national standards for the protection or native workers. In 1957, the ILO pro· duced the Convention Concerning the Proucrion tmd lntc:grarion of lndigcno1~S ar~d Olltcr Tribal ar~d Semi- Tribal Populations in lndepcmdtnr Countries ( 107). This was rewritten in 1987 as the Convention Concerning Indigenet4 Peoples S in Independent Cowuries (Convention 169) 'vith much of the origi nal~ "inte· grationist language" removed . The con· vention's key contribution is to guaran· tee Indigenous peoples' rights to deter· mine and control their own economic, social and cultural development. It also recognizes the collective aspect of 1ndigenous possessions, which is or obvious imponance to IPR issues. since collectivity is fundamental to transmis· sion. use and protection of traditional knowledge. Until now, Convention 169 has not been sufficiently used with implementation or IPR in 1 'nind. liuman Rights and lmellcctual Pro perty lmernational human rights laws offer some mechanisms for cultural protec· The Search for an Alternative tion. The principal problem is tl13t these Framework: Starting points for are oriented toward nation-sunes and do a new system not easily · pro,ode a basis for claims A wide range of international agree· against multinational companies or incli· mems.. declarations. and draft docu· viduals who profit from traditional ments have relevance for building a knowledge." The 1948 Univei'SIII n.ev..•ly designed system to protect Declaration of Hwnan Rigltcs and the Abya Yala News �PERSPECTIVES O N BIODIVERSITY AND INTELLECTUAL PROPERTY 1966Incc,.muional Co,,cnaru on ECOtlOmic, Social and Cultural Riglus guarantee fun· damental freedoms of personal integrity and action: political rights; social and economic rights; culturnl rights and equal protection under the law. Within 1his guaramee iS 1he rigln of sclf-delermination. including the right to dispose of natural weahh and resources. This also implies the right to protect and con* serve resources. including intellectual properly. Signillcamly, these human rights laws also protect the right to own collec· tive property, as well as guaranteeing the right to just and favorable remuneration for work-which can be interpreted as work related to traditional knowledge. finally. I hey provide for "rccognilion or interest in scientific production, includ· ing 1he righl 10 1he proleCiion of 1hc moral and material interests resulting from any scientific literary or an.istic production ... This language is echoed in 1he Draft Declartuion on the Rights of Indigenous Peoples which Slales: Vol. 8 No.4 Indigenous I>c:Oplt."S have the r'ight co tl1e t>rotcclion and. wl1ere al>propriate, the rehabiliWtion of the roud environment artd productive capacity of their lands and terri~ tories, and ll~e right to tulequatt assistance including incemacio,lal coopcmtion to this tnd. It is clear that IPR should to be seen as a basic lumum Piglu, wonhy of incorpora~ lion in the campaigns of human ,;gilts o1ga~ nizarions. Economic a nd Social Agreements In 1972, 1he Uni1ed Na1ions Economic and Social Council formed a special human rights Sub-Commission 10 SIUdy 1hc problem of diseriminaliOn againSI Indigenous peoples. Af1er releasing a lcnglhy rcpon lhal round inadequale prOiecliOn or Indigenous peoples' rights within existing international insrrumems. the Sub-Commission released various resolutions recommending thm the UN ''Provide explicitly for 1he role of Indigenous peoples as resource users and managers. and for lhc prolcCiion of Indigenous peoples' righl to control of their own traditional knowledge or ecosyslems." h also requested the Secretary-General to prepare a concise repon on the e.xtent to which existing imermuional standards and mechanisms serve Indigenous peo· pic in lhe protection or their intellectual prope:ny. The human rights commission has played an important role in pressuring other UN agencies to take ac1ion 1hrough 1hesc calls for pro1ec1ion of. and prolCCiiOn for, Indigenous peoples' IPR. Folklore and Plant Variety Protection The United Nations Educational. Scientific and Cultural Organization (UNESCO) should be a logical forum for IPR discussion: ye1, while UNESCO has heard ypetilions~ or complaints by nmive peoples relaled 10 lhe fields or education, science, culture and infonnation, Indigenous questions remain marginal 10 UNESCO's agenda. The World hllellccwal Propeny Organizalion (WIPO) in Geneva has 123 member states that have reached 11 �PERSPECTIVES ON BIODIVERSI TY AND INTELLECTUAL PROPERTY bro~d agreements on the tenns "'indus- trial property" and "copyright." However. wilhin the \VJPO framework Indigenous IPR. as collective property, would be considered folklore and not protectable. In 1984. however. UNESCO and WIPO developed Model Provisions for National Laws on the Proteelion of Expressions of Foll<lore Against Illicit £xploitalion and Other Prejudicial Actions. which recognized individual and collecti"e folklore traditions. Though never ratified. these pro,;,sions-backed up by criminal penalties-proposed protection of folklore. including material which has not been wriuen down. Their second important contribution was to provide for copyright protection of folkloric perforrnanccs. \Vithin \VIPO's jurisdiction, the Union for the Protection of new Varieties of Plants provides protection to breeders of new plant varieties that are ..clearly distinguishable." suficienlly homogeneous." and '"stable in essemial characteristics... The critical factor here is to link folklore and plant genetic resources with intellectual property. It is this complicated legal linkage that allows for expansion of the concept of IPR to include traditional knowledge, not only about species use. but also about species man· agement. Thus. ecosystems that are molded or modified by a human pres· ence are a product of Indigenous intellecwal propeny as well. and. consequently. are products themsel"es-or offer products-that are protectable. Furthermore, ..wild,'" ..seml-domestlcat· ed• (or ·semi·wild"), and domesticated plant and animal species are products of human activity and should also be pro· tectable. Farmers' Rights and the FAO The UN Food and Agriculture Organization (FAO) has worked to find ways for de\•eloping cournries and "'Third \Vorld farmers'" to get a share in the huge global seed market. The ques- Lions of ..farmers· rights'" and ..breeders' gested that IPR is essemially a question rights"' have been extensively debated in of religious freedom for indigenous peo· this comext. In 1987 FAO established a pies. "Much o£ what they wam to comfund for plant genetic resources. with mercialize is sacred to us. V\1e see intelthe idea that seed producers would vol- lectual property as part of our cultureuntarily contribute according to the vol- it cannot be sepanued into categories as ume of their seed sales in order 10 !Wesu~mllawyers would want." Pauline finance projects for sustainable use or Tangipoa. a Maori leader. agrees: plant genetic resources in the Third "Indigenous peoples do not limit their World. Unfortunately. major seed pro· religions to buildings. but rather see the ducers like the USA opposed mandatory s.1cred in a111ife." contributions 10 the fund, and it has turned out 10 be totally inadequate. Cultural Property In recent years, Indigenous peoples Environmental l.aw: life after the have been increasingly successful in Earth Summit reclaiming the tangible aspects of their The Rio Decl(~r(l(ion which emerged cultures, or ..cultural property.~ from from the Earth Summit highlighted the museums ar'ld institutions. This tenn central importance Indigenous peoples has yet to be clearly defined, but has have in attaining sustainable develop- come to refer to everything from objects mem. The Summit's legally binding of an to archaeological anifacts, tradi· ..Convention on Biological Diversity"' tiona! music and dance. and sacred sites. (CBD) does not explicitly recognize IPR The concept of ·cultural heritage· has for Indigenous peoples. but its language appeared as a related "legal insmunem· can easily be interpreted to ca11 for such to link knowledge and infonnation to protection. Follo\\ong effecti\•e lobb);,ng the cultural artifact, and has been used by Indigenous organizations. signatories successfull)' as a legal tool in Australia. to the Convention have pledged to: respect. prescn1e and maintain knowl- Customary Law and Traditional edge. innovations. and practices of Practice Indigenous and local communities During informal hearings for the embodying traditional lifestyles rele\lant 1992 Earth Summit in Rio de Janeiro, for the conservation and sustainable use Indigenous representatives pointed out of biological diversity, and to promote several basic problems with the con· their wider application with the cepts of ime11ectua1 and cultural proper· approval and involvement of the holders ty: 1) The divisions between cuhuml. of such knowledge. innovations and intellectual. and physical property are practices as well as to encourage the not as distinct and mumally e."<clusive equitable sharing of the benefits arising for Indigenous peoples as in the \Vestem from the use of such knowledge, inno· legal system. 2) Knowledge generally is \rations and practices. Agenda 21. which commur.ally held. and. although some accompanies the Convention, spedfical- specialized knowledge may be held by ly includes Indigenous peoples and tra- cenain ritual or society specialists (such ditional knowledge in its '"'priorities for as shamans). this does not give the speaction"' tOward sustainable develop· cialists the right to privatize communal heritage. 3) Even if legal IPR regimes ment. were put in place, most Indigenous communities would not have the finanReligious Freedom In a seminar on IPR at the Unhed cial means to irnplemem. enforce. or litNations Human Rights Convention i1'\ igate them. It was clear that under some Vienna. June, 1993. Ray Apoaka of the cjrcumstancrs commercialization of Nonh American Indian Congress sug· knowledge and plant genetic resources continued on pg. 37 12 AI:Yya Yala News �PERSPECTIVES ON B IODIVERSITY AND INTELLECTUAL PROPERTY The Human Genome Diversity Project: Implications for Indigenous Peoples We reported on the Human Genome Diversity Proj ect in Abya Yala's Dec.1994 issue. Indigenous opposition to the project has been growing since that time. and the project has yet to respond ade· quately to fundamental ethical problems such as those raised in this article. By Debra Harry he Human Genome Diversity T Issues of Concern Projec1 (HGD Projec1) proposes 10 collec1 blood and 1issue samples from hundreds of differenl Indigenous groups worldwide for genetic swdy. On the assumption that these groups are headed for extinction, scientists :tre mshing to gather DNA samples before 1hey disappear. Then. 1hey say. a1 leas• 1he human gene1ic divcrsily will be preserved in gene banks as "immortalized cell lines." But why the tremendous interest in saving 1he genes of Indigenous people and no1 1he people 1hemselves? Who really stands to benefit from this endeavor? What are the dangers and long-term implicmions of bio1echnology and genetic engineering? These are queslions Indigenous people mus1 ask 1hem· selves in order to protect their interests HGD Projec1 sciemis1s claim 10 be searching for answers to questions about human evolution. However. Indigenous peoples already possess s~rong beliefs and knowledge regarding 1heir crea1ion and histories: funhemlore. this is not a priority concern for Indigenous people. The HGD Projec1s assump1ions 1ha1 the origins ancVor migrations of Indigenous popula1ions will be "discovered" and scientifically ..answered" is insulting to groups who alre-ady have strong cultural beliefs regarding 1heir origins. Wha1 will be 1he impac1 of a sciemific 1heory of evolution and migration that is anti· 1hetical 1 an Indigenous groups com0 mon beliefs? Will 1hese new 1heorics be used 10 challenge aboriginal 1erri10rial claims, or righ1s 10 land? in the face of such a mysterious and Medical Benefits? well-funded effort. The often repeated claim that medical applicalions will be developed 10 1rea1 diseases suffered by Indigenous peoples is a complete misrepresentation of 1he Project, and serves 10 coerce 1he Debra Harry is a Paitde Indian from Nt\• da, a USA . Sl1t is researching issues r-dated to IPR and the IIGD Project Vol. 8 No. 4 par~icipa~ion of subjects based on 1he false hope for medical miracles. The ProjectS mandate is simply to collect. database. and maintain genetic samples and da1a, no1 10 develop medical appliC..1.tions. The HGD Projec1 will make 1he gene1ic samples available to "the pub· lie ... However. it is not clear who will have access to the data and actual gene1ic samples. 11 appears 1ha1 1he HGD Project will maintain an openaccess policy. This means that once genetic materials are stored in gene banks, 1hey will be available in pcrpe· tuity. with minimal control. to anyone requesting access. Scientists need only demonstrate the validity of their scientific research in order to gain access to 1he samples. Medical applica1ions are in fact likely to result from the cvcntu· at research. manipulation. and com· mercialization of the genetic materials. 6u1 1hey will most likely come in 1he form of pharmaceuticals or expensive gene~ic 1herapy techniques. Possible benefits wHI go only to those who can 13 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY afford the high costs of such treatments. The proposition that medical benefits will result from genetic sampling is further suspect since no aspect of the project will take into account the role that existing and historical socio·eco· nomic or environmental conditions play in the health of Indigenous com· munities. lf an Indigenous population were interested ln researching a genetic ques· tion specific to their group. the)' would not need the HGD Project to do so. Genetic research technology and exper· pies. Some of those claims will strike it rich. in the form of profitable patents. As in the case of future medical applica~ tions. the d irect benefitS from the HGD gene banks " ;11 go to those who can afford to invest in research, manipulation and commer cialization of the genet~ ic data. Patent law will be the primary vehicle which enables scientists to secure exclusive rights to the genetic samples. Patent laws grant a limited property right to the patent holder and exclude others from using the patented item for a specific period of time, usual~ ly for a 17 -year period. Patenting Human Genes Since 1980... there has been a disturbing trend in US patent law that extends patent protection to life forms. Since 1980, when the US Supreme Coun ruled that the creation of an oil~ eating microbe is patentable, there has been a disturbing trend in US patent law that extends patent protection to life tise is widely available. The enticement o£ potential medical benefits is an empty forms. Since then, the US Patent and Trademark Office (PTO) has granted line was of interest because some Guayami people carry a unique virus. and their antibodies may prove useful in AIDS and leukemia research. Fortunately. i1uernational prou~st and action by the Guaymi General Congress and others led to the withdrawal of the patent claim by the US Secretary of Commerce in November 1993. Patent claims have also been filed by the Secretary of Commerce for the cell lines of Indigenous people from the Solomon Islands. The Solomon Islands Government has demanded withdrawal of the patent applications and repatriation of the genetic samples, citing an invasiorl of sovereignty. lack of informed consent. and moral grounds as the reasons for protest. In early March, Secretary Ron Br own rejected these requests, stating that "there is no provision for considerations related to the source of the cells that may be the promise which will be used to gain patents for newly created micro-organ~ isms, li\fing animals, and for human tis- access to communities for the collection sues and genes. b reaking the long- subject of a patent appHcation.'" In other words, according to existing patent law, the source of a genetic sam· ple is irrelevant. of samples. standing policy that animate life forms were not patentable. The National Institutes of Health, and others, have that it may be extremely difficult or impossible to recover or repatriate sam- secured patent rights for fragmented ples of our blood, tissues, or body parts, The HGD Project raises inevitable questions regarding both ownership of gene sequences. many with unknown once they are removed from our bodie:s function and physical significance. This and stored elsewhere. In 1984 john the genetic samples themselves and who stands to profit from the commercializa. trend has enabled research institutions and corporations to secure patents for almost 5% of the entire human genome, and has spurred a rush for ownership of the remaining 95\1\ of the human genome. Does anyone ha\'e the right to own a Moore flied a lawsuit clain'l.ing that his blood cells were misappropriated while he was undergoing treatment for Commercialization, Ownership and Intellectual Property Rights tion of products derived from the S<~m· pies. The Project puts Indigenous peoples' most fundamental property-their own genes-in the hands of anyone who wants to experiment wilh them. In doing so. the Project opens the door to widespread <:ommercializa.tion and potential misuse of the S<~mpl es and data. The Project will enable "bioprospec- life form or to commodify parts of the human body? While many debate the ethical and moral implications of patent· tors'" to stake legal claims on the natural genetic resource base of Indigenous peo· 14 ing life fonns, in 1993 US Secretary of Comme~e Ron 6rown filed a patent claim on the cell line of a 26-year-<>ld Guayami woman from Panama. Her cell Indigenous people must be aware leukemia at the University of California, Los Angeles Medical Center. During his treatment. Moore~ doctor developed a cell line which proved valuable in fight· ing bacteria and cancer. The UCLA Board of Regents filed a patent claim on this ce111ine from which they developed commercially valuable antibacterial and cancer· fighting pharmaceuticals. Moore claimed that he was entitled to share in profits derived from commercial uses of ~aYalaNews �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY these cells and any other products resulting from rese.arch on any of his biological materials. In a significant 1990 California Supreme Court deci· prints' of living organisms. Gene techr1olo· gy mal~¢5 it possible w isolate, splice. insert, rearrange, r-ecombine an<l mass-rept(){luce genes. reclaiming any genetic materials that have already been taken. Indigenous people must engage in community education and discussion sion, the court established that ..donors'" -Andrew Kimbrell. The Human about the full scope or this project and do not have an IPR property right in the tissues removed from their body (6). Body Shop. 1994. 1he potemial dangers of genetic manipulation before the)' decide whether to participate. It is imperative th:n our communities become fully aware of the Though genetic engineering still Sample Collection The HGD Project will seek the con- sent of the individuals and populations tO be sampled. QueStiOnS Of what COO· stitutcs "'informed consent" and how il will be secured remain to be answered. The HGD Project has secured a grant from the J.D. and C.T. MacArthur Foundation (despite the expressed opposition of Native leaders) in order to develop a model protocol for the collection of genetic samples from Indigenous groups. The concept of "informed consent.. raises many unanswered questions in the 1 ninds of Indigenous peoples, such as: \:Vho is authorized to give consent? Should consent be required only by the individual being sampled. or also seems like science fiction to many people, it is a reality. Through genetic engineering. scientists are capable of repro· gramming the genetic codes of living things to meet societal or economic goals. Trai'\Sgenic experiments can mix plant genome with that of animals, and human genome with lhat of plants or animals. The ethical and legal questions raised by genetic engineering technology arc numerous and unanswered. Nonetheless. this area remains vinually unregulated. While the HGD Projec1 itself does not plan to do genetic engi· neering. no safeguards exist to prevent others from doing so with the HGD genetic samples. from the dead, or for use or fetal and Genetic manipulation ntises serious ethical and moral concerns for Indigenous peoples. for whom any violation of the natural order of life is abhorremly wrong. Scientists are genet· icall;' manipulating exiSting life forms, altering the course of natural evolulion, and creating new life forms. Genes are living organisms which reproduce. placental tissues as sources for genetic samples? How will the projc<.:t be migrate and mul3te. The full implications or genetically altered life forms explained in the local language? Will the full scope or the project and the short· released into the environment cannot possibly be anticipated. include the governing body or that par· ticular Indigenous nation? C..1.n consent be granted by government officials or the nation·State in which the Indigenous nation is located? How will pem1ission be obtained for collection or samples and long-term implications and poten· tial uses or the samples be fully disclosed? Will donors be fully informed or the potential for profits that may be made from their genetic samples? Recommendations Indigenous organizations need to alert all Indigenous peoples to the work of the Human Genome Organiz..1tion (the body governing the HGDP) in order Other Potential for Misuse to \Vith gcrleliC enginecting technology today, it is possible to ma11ipulatc the 'blue· scientists. and to assist groups in VOl. 8 No. 4 prevent the taking of their genetic materials by this project. or by free-lance Projects implications and begin docu- menting proposed or current sample According to existing patent law. the source of a genetic sample is irrelevant. collecting. 'Jt.'c need to form an interna· tiona! Indigenous research group to detcnnine the extent of existing interna· tional protections for human materials. and to dc,·elop additional policies which insure the prolection of our intellectual. cultural and biological propeny rights. Indigenous people must call for a world-wide moratoriurn on the collection. databasing. transformation. and commercialization of cell lines and genc.tic materials of Indigenous peoples umil international standards and regula· tion are put into place which fully pro- tect the environment and the interests of Indigenous peoples. For More Information Coruatl: Otbra Harry. P. 0. Box 72, Nixon, Nevada 89i2i, (702) SN-0309 email: Debra_Nany@Tog«her.org or dharry@igc.ap<.org jcanncuc Ann.srrong. En'm.V"kin Centre, 257 Brunswick Strut, Ptntieton, BC V2A JP2 (6Qol) 493-7181 RAFI·Canada, (R,,ral Adwntccmcm Fcnmdation lntentational), Suite 504-71 B<mh Slre<L. Olla><a. Onlario KIP 5N2. (613) 5676880 15 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY The Guaymi Patent One of the best known cases of attempts to patent and commercialize human tissue is that of a still unidentified Ngobe (or Guaymi) woman of Panama. In 1993 and 1994. this case captured not only the attention of the international community of scientists. but also that of Indigenous people world-wide. by Atencio lopez M . n 1991. a very ill 26-year old Ngobe woman sought nledical treatment in a hospital in Panama City. Doctors there diagnosed her with a fatal case of leukemia. This woman could not have imagined that the Panamanian doctors, with the complicity of US S<:iemists, would then remove satnples of her blood for experimentation and finally I store her genetic material in biological laboratories several thousand miles away in the US. The doctors who set this in motion have refused to d ivulge the woman's narne. As a result we have been unable to locate her. nor do we know if she is still alive. Even if she were alive. it is doubtful that she would be able to make sense of the fact that two sup· posed inventors, Michael Dale Laimore and j onathan E. Kaplan , nearly acquired monopoly rights over pan or her body, or that this action was supported by the US governmentS Secretary o£ Commerce through itS branch that regulates the patenting of scientific innovations. These S<:ientists daimed to be sear<:h ing for clues to undersHmd aboriginal peoples in the Americas and to generate greater understanding of HIV, the vims thought to cause AIDS. But their actions point to different. and significantly more conmtercial. intentions. In 1993. they filed a '"high priority.. patent claim. which was given the number A!encio Lopez is a Ktma Indian and works with rhc organit(Uion Kur~as Unidos por Napguana in Panama Cicy. 16 US612,707. and titled "Human Lymphotrophic Virus Type 2 from the Guaymi Indians of Panama." According to the application it was based on the ·cell line of a 26-year o ld Guaymi wom3n who lives in Panama... Internationally. the patent request is registered with the World Intellectual Propeny Organization as number US9I08455. Not only this unidentified woman. but hundreds of Indians in Panama were treated as guinea pigs for genetic experimentation during this same time period. Kaplan deS<:ribes the resear<:hers visit for sample collections. ""We spent six days in Canquintu. Some of the doc· tors worked in the health center administering medicines to the Guaymi people, while others worked with nurses interviewing the residents of the village and obtaining more b lood samples." The lndigneous community was never informed of the intent or implications of these collections: the purpose of the blood samples was known only to the researchers. One witness affirms that doctors of the Gorgas Memorial Laboratory of Panama collaborated in this research. that they used the blood samples or hundreds of Ngobe people. and that the blood samples collected in the process were subsequently sent to the Center for Disease Contr in Atlanta, Geor and ol gia, to the American Type Culture Collection in Maryland . The ostensible purpose was to investigate the cause of a fatal form of blood cancer. as well as forms of the Human Lymphotrophic Virus. but the patent application followed shortly thereafter. This Guaymi case was denounced in international human rights forums and before the United Nations, but received little attention in Panama, due in part to a lack of familiarity with the issues. Only a small percentage of the mainstream cuhure understood what had taken place. Worst of all, the Panamanian government sided with the US scientists and even utilized some Indigenous organizations in an auempt to diS<:redit the protests. Nonetheless. the Ngobe-Bugle General Congress. the Kuna General Congress, and other Panamanian Indigenous organizations issued strong statements against the patent applic..uion. · Following public protests in the Geneva tneetings for the GATT in October of 1993. in Canada and the United Sunes. as well as widespread international solidarity, the patent claim was withdrawn in the United States-at least that is what we believe. based on a statement in the November 5. 1993. issue of Science magazine. There. in sharp contradiction to earlier humani· tarian claims. Kaplan is quoted as saying that the claim was being dropped as it '"has no commer cial interest... These researchers shield themselves and their actions with the claim that their work is for the benefit of humani· ty, and that they are innocent of any intcnl to harm the Indigenous communities involved. Y it is undeniable et. that the rights of an Indigenous woman, as well as the rights of an entire community. were violated. The national sovereignty of Panama was also viohned in this process. although the government continues to deny this. What will happen when the results or this research are finally patented. or the rights are sold to a multinational corporation? Shall we always continue to be the objects or research, with no rights in the matter? Abya Yala News �PERSPECTIVES ON BIODIVERSI TY AND I NTELLECTUAL PROPERTY Amazonian Peoples on Biodiversity and ·tPR Resolutions from the Coordinating Body of Indigenous Communities of the Amazon Basin's Regional Meeting September. 1994, Santa (ll.Jz de Ia Sierra, Bolivia he Coordinating Body of Indigenous Peoples of the Amazon Basin. representing Indigenous communities in this region. which is one of the richest in biodiversi· ty in the world. will not be excluded from making itS voice heard in respect to this subject. In this regard. the Indigenous com· munities are well aware of the irnpor· tance of protecting biodiversity, as well as our knowledge related to it. 'We know that our autonomy and assurance of life with dignity will depend on the process· es of comrol, conservation and develop· mem of these resources especially over the next few years. when the world wHI be discussing the issues of biodiversity. \ Vc 1 nust be quilc clear that we. the Indigenous communities. are the ones entitled to claim proprieuuy rights to these resources, in spite or increasing claims made by multinational corporations of the North. This situation obliges indigenous people and our organizations to take poshions and elaborate strategies relevant to current and future generations. With this in mind. COlO \. under the auspices of the UN Dcvc lopmem Program, organized a regional meeting in SoUlh America. The conclusions and recommendations or that meeting art reprinted below. T I. Basic Points Of Agreement I. Emphasis is placed on the significance of the use of intellectual property systems as a new formula for regulating North-South economic relations in pursuit of colonialist interests.. 2. For Indigenous peoples. the imelVol. 8 No.4 lectual property system means legitimation of the misappropriation of our peoples' knowledge and resources for commerc-ial purposes. 3. All aspocts of the issue of imellecuml property (detenninmion of a<:<:ess to national resources. control of the knowledge or cultural heritage of peoples. control of the use or their resources and regulation of lite tenns of exploitation) are aspects or selfdetermination. For Indigenous peoples. aocordingl)\ the ultimate decision on this issue is dependent on self-de1ennin.1.tion. Positions taken under a trusceeship regime will be of a short-term nmure. 4. Biodiversity and a peoples knowledge are concepts inherent in the idea of Indigenous territoriall!y. ISS\1es relating to access to resouteeS howe to be viewed from this standpoint. 5. lmegrnl Indigenous territoriality. its recognition (or restorntion) and its reconsti· tution. are prerequisites for enabling the creative and inventive genius of each Indigenous people tO Oourish-and for it tO be meaningful to speak of pro<ecting such peoples. The protection, recollSlitution and de"elopment of Indigenous knowledge systerns call for f\111her commitment to the effort to ha"e these systems reappraised by the outside world. 6. Biodi,·ersity and the culture and intel· lectu:d property or • people are conceptS that n'lean 1ndigenous territoriality. lssues relating to access tO resources. and <Xhers., ha\'e to be viewed from this scandpoint. 7. For members of Indigenous peoples. knowledge and determination o£ the use of resources are collective and intcrgcncraliotul. No Indigenous pop\ll'llion. whether of individuals or communities. nor the govemmem. can sell or transfer ownership of resources which are the property of the people and which each generation has an obligation to safeguard for the ne.'<l.. 8. Prevailing intellectual pror>eny systems reflect a conception and practice tll.'lt is; a) colonialist. in that the illSlruments of the dC\relopcd countries are imposed il'l order to appropriate the resources of Indigenous peoples: b) racist, in that it belittles and minimizes the value of our knowledge systems: c) usurpatOI)\ in that it is essentially a practice of theft. 9. AdjUsting Indigenous systems to the pre"ailing imelleetual propeny systems (as a world-wide concept and prnctice) changes the Indigenous regul1.tory systems them~ selves. 10. PatentS and O<her intelleCtual propcny rights to fonns of life are UI\.1C<:eptablc to Indigenous peoples. 11. It is imponant to prevent conflicts thm tnay arise belwcen communities from the tr.msfonnation of intellectual property into a means of dividing Indigenous unity. 12. There are some formulas that could be used to enhance the value of our prod· ucts (brand names, appellations of origin). but on the understanding that these are only m.uketing possibilities, not entailing monopolies of the product or of coUccti"c knowledge. There are also some proposals for modifying prevailing intellectual proper· ty systems. such as the use or cenificates of origin. to pre\''Cnt use of our resources without our prior consent. 13. \Vc tn\l.S{ prc\'ent the use of cur'l'\!m systems of imellccmal propeny from robbing us. through monopoly rights, of resources and knowledge in order to enrich these systems and build up power opposed to our own. 14. \Vork must be conducted on the 17 �PERSPECTIVES ON BIODIVERSI TY AND INTELLECTUAL PROPERTY design of a protoction and recognition sys· tern which is il'l accordance with the defense of our own conception. aJtd mechani.srns must be developed in the shon and medium term to prevent appropriation of our rcsour= and knowledge. 15. A system of protoction and n.'Cogni· tion of our resources and knowledge mUSt be designed whi<:h is in confonnity wilh our world vit\v and contains fonnulas that, in the shon and medium tcnn. ,...,mprevent the appropriation of our resources by the coun· tries of lhe Nonh and others. 16. There mUSl be appropriate mechanisms for m'\intaining and ensuring the .. right of Indigenous peoples to deny indis- criminate access to the resources of our communities or peoples. alld making it possible to contest patents or other exdusi"c righos to what is essentially Indigenous... 17. Discussions regarding intellectual propeny should take place without distract· ing us from priorities such as trn-: struggle for the: right to tenitories and seU-detennina. Lion. be\ring in mind that the Indigenous population and the land fom1 an indivisible unity. 11. Short-Term Recommendations 1. Identify. analyze and systematically evaluate from the standpoint of the Indigenous world view differe.nt compo- nenos of the fomul intellectual propeny S)'S· terns. including mechanisms, instrumems and forums. among which we h.we: a) lntelloctual propeny mochanisms Patents. Trademark. Authors· righos. Rights of de\'elopers of new plant varieties. Commercial secretS. Industrial design. Labels of origin. b) lntelloctual propeny instrumenos The Agreement on Trade-Related International Propen)• Rights (TRIPS) of the General Agreement on Tariffs and Trade (GATI'); The Convention on Biodiversity. ''~th special emph.'lSis on the following aspectS: environmental impact assessments. subsidiary sciemifte body. technological council, monitoring. national studies and protocols. as well as on righos of fam1ers and ex situ control of germ plasm. which are not CO\'ered 18 under the Convention. e) lntelloctual propeny fomms Define moch..1.nisms for oonsult.. 1.tion and exchange or infonnation between Indigenous organiz.mior\S and intema· tiona! forums such as the: Treaty for Amazonian Cooperation, Andean Pact. General Agreement on T.'Uiffs and Trade. European PatentS Convention. United Nations Commission on SUStainable Developrnem. Union for the Protection of New Varieties of Plants. \Vorld Intellectual Propeny Organization {WIPO). International Labor Organization (fLO). United Nations Commission on Human Rights. 2. Evoluate the possibilities offered by the international instmmems embodying cuhural. political. environmental and other righos that could be incorporated into a sui generis legal frnmework for the protoction of Indigenous resources and knowledge. 3. Define the content of consultations with such forums. 4. O.fine the feasibility of using so•ne mechanisms of the prevailing intellectual property systems in relation 10 protection of blologi<:aVgcnetic resour= and marketing of resources. 5. Study the feasibility of olternative S)'S· tems and mechanisms for protecting Indigenous interests in our own resources and knowledge: sui generis systems for protect.ion of intelleCtual property; inventors· cenificate. model legislation on folklore: new deposit standards for material entering genn pl1Sm b.mks: commissioner for imel· lectual propeny righos; tribunals; bilateral and multiL"ltcml contraCtS or conventions; materials transfer agreementS; biologica.l prospecting: defensive publication cenifi· cates of origin. 6. Seek to make alternative systems operati<mal within the short tenn, by estab· lishing a minimal regulatory framework (for example bilateral contracts). 7. Systematically study. or e.<pand StUd· ics already conducted of. the dynan1ics of Indigenous peoples. " ith emphasis on: basis for SUSiainability (territories. cuhure. c<:ono· my); use of knowledge and resources (col· le<:tive: ownership systems. community use of resources): community. l\3tional. regional and international organizmional bases. These will make it possible to create mechanisms wilhin and outside Indigenous peoples capable of assigning the same value to Indigenous knowledge. ans and ernfos as to wes:r.em science. 8. Establish regional and local Indigenous ~dvisory bodies on intellectual property and biodiversity with functions involving leg..'ll advice. nl<>nitoring. production and dissemirution of infomution. and produc1ion of materials. 9. Identify national intellectual proper· ty organizations, especially in areas of biodi· versity. IO.Identify and drnw up a timetable of forums for discussion and e.xehange of infonnation on lnte:llecmal propeny and/or biodiversity. Seek suppon for sending lndigtnous delega.tes to p.1nicipate in such fonuns. An elTon will be made to obtain infonnation "~th a view to the eventual establishment of an lnfomution. Training. and Dissemination Center on Indigenous Propeny and Ethical Guides on contract negOtiation and model commcts. Ill. Medium-Term Strategies 1. Plan. progmm. eStablish 1 imeubles and seck financing for the establishment of an Indigenous program for the colloctive use and proteCtion of biological I'CSO\n'ces and knowledge. This program will be developed in phases according to geographic areas. 2. Plan, draw up timetables for and hold semin.'lrs and wo rkshops at the com· muni1y. nation.11and regional levels on biodiversity and prevailing intelloctual propeny systems and altemati\'es. 3. Establish a permanent consuhative mechanism linklng community workers and Indigenous leaders. as well as an infor· mation network. 4. Train Indigenous leaders in aspectS of intellectual propeny and biodiversity. 5. Draw up a Legal Protocol of Indigenous law on the usc and community knowledge of biological rcsour=. 6. Develop a strategy for dissemination of this Legal Protocol at 1he national and international levels. Abya Yala News �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY Guidelines for Biodiversity Collections: A Look at the Issues by Melissa Nelson here is no place where the clash between the exploitation or. and balance with. the natural world is more pronounced 1han in the s1ruggles of the worlds Indigenous peoples. As the colonial power elite tighten their grip on the remaining "natural resources ... they arc discovering that it is Indigenous people who hold the secretS to the many uses and benefits of plant and animal communities. An 3ge·old T war is ensuing between two world views and ways of living: one that believes humans are the pinnacle of evolution and that our ultimate purpose is to con· trol and enslave nature: the other that the human mind will never completely comprehend. much less control. the forces of nature and that the best we can Melissa Nelson is part Ojibwe and works as executive director of The Cultural Conscn·ancy in California. Vol. 8 No. 4 do is sensitive!)' observe EanhS natural cycles and work 10 harmonize with them. It is surprising to many people that this war of world views is not only seen in the obvious places of educational philosophies. economic theories. and religious and political systems. but in the seemingly benign realm of ecological conservation. After all. as Australian biologist Roger Kitching has said. ·conservation is just as much a usc as are agriculture. forestry, and urban develop~ ment." Highly diverse areas are in demand by n-ansnational corporations who seek 10 control the worldS remain· ing resource-s. by con.servcnion groups who intend to protect their ecological significance, and by researchers who \\OSh to study thtse areas. Who decides which areas arc designated for conserva· tion? How are these matters decided? When are the local Indigenous people involved? When do they initiate such efforts? Are they in con1rol of their terri· tories. or arc conservation organizations in control? These are some of the qucs· tions raised by conOicts surrounding land use in Indigenous terriwries. Reigning in the Bioprospectors? When capitalism and conservation meet, outsider·capitalists unfortunately enjoy many advantages. as well as opportunities to reapply paternalistic auitudes that ..modern Westerners" know best how to manage lands. Consequently, an increasing number of concerned people (both native and nonnative) arc discussing and proposing ways to protect Indigenous peoples" knowledge and biological resources from exploilation by the various compa· nics, governments. and academic. devel· opment and research institutions seek19 �PERSPECTIVES ON B IODIVERSITY AND INTELLECTUAL PROPERTY ing access to biodiversity information and native knowledge. Organizations and individuals have met. under diverse sponsors. including the Third World Network, Zuni Conservation Project. Pew Scholars Program, World Wide Fund [or Nature, and Native Seeds/SEARCH, to discuss fo rmation of ethical guidelines to over· see the relationship between "prospec· tOr" and "steward." Underl)ong these cffons is a common feeling that bioprospectors are already grabbing biolog· ical material as fast as they can and that some process is needed to ensure a cooperative . just, and mutually benefi· cial relationship. Enforceable guidelines for bioprospecting are one component or the complex process or negotiating the equitable exchange of infonnation and resources. Some Indigenous activists. however, reel that creating such guidelines will only condone and increase exploitation o[ biodiversity and Indigenous knowledge. It could do so by ghong bio· prospectors a legitimate use-document to rationalize and cover up their colonialist, and. in Nati\'C American historian jack D. Forbes' view, ..cannibalistic: intent. (Look at the corrupt uses of Environmental Impact Statements.) I can see both pointS of ,riew, but subscribe more to the belief that we have to address the heedless bioprospecting already occurring within Indigenous territories and do something about it. Even though many bioprospectors exhibit wthe disease of aggression against, and consumption or. living things", we cannot let rear or the "other" paralyze us and prevent cooperative efforts toward change. A diverse set o[ ethical guidelines. contracts. treaties, and other dra[t docu· ments have appeared in recent years in response to Indigenous protest of 20 human and land rights violations. From phannaceutical contracts to international treaties -such as the Biodiversity Corwemion. we sec governments. corporations. research ins titutes. NGOs. and other groups beginning to re-evaluate how 1hey relate to and "do businessM with Indigenous peoples, and begin· ning, at least. to pay lip-service to Indigenous intellectual propeny rights and benefit-sharing . Indigen ous peoples worldwide arc meeting. organizing, and taking leadership roles in determining the nature of these relationships. Here I point out some questions and issues to conside- when reading, discussing, or r assisting wilh the writing of ethical guidelines [or biodiversity prospecting. General Considerations for Guidelines To begin with . the definition, pur· pose, and scope or the guidelines must be clearly set out. For example, do the guidelines cover only biodiversity info r· mation, or do they cover situations where a bioprospector seeks access to knowledge about the uses o[ biodi\'CI'Si· ty? \-Vhat is actually meant by biodiversity-plants, animals and fungi, or other biological entities such as microorgan· isms or cell lines? How will guidelines be cn[orced> What system o[ compli· ance will be used? What legal [rame· work should be established? What insti· tutions arc subject to the guidelines? Who decides these questions? Critical Components In any biodiversity accessing situation. one must stan. with an exploratory phase. I believe this to be the most crit· ical stage to regulate. Any guidelines must define how the appropriate Indigenous amhorities a re selected. For example. different situations might require prospectors to approach any combination of Indigenous national. regional, sub-regional or community org.,nizations. The exploratory phase should sen·e to introduce the potential user. as well as their intentions, inter· ests. and mell10ds to the appropriate authority. At the community level, the reasons for requesting access to biodiversity information should be revealed to the entire community. to traditional leaders. and in the local language or the community being approached. A project document should be presented which discloses the roreseeable consequences and commercial interests of the research, and a description or the meth· ods to be used. Following this disclosure, the bio· prospector should inquire whether the community or its represematives wish to terminate o r continue with negotiations. 1f the community agrees to the involvement with the bioprospector. then other issues, especially the terms of compen· sation, must be clearly outlined. The question is. does the accessing pany have the ethics to honor and respect the communitys decision? I[ the desire to cooperate with a nd show respect for Earth$ diverse manifestations and peoples were currently present. then l wouldn't be writing this. How do we instilllhe absolute imponance of this basic respect [or li[e in the · cannibals" or first world capitalism? I do not know. but we must start somewhere. Many activists think that "talk is cheap· but by discussing this with a wide ' 'ariety of people, and a rticulating the deep ethical issues involved with this complex situa· tion. we may begin to s hed light on the subject and inadvenently educate those who need to hear it. For mo~ information contact: The Cullural Conservancy, P.O. Box 72086, Davis, CA 95617. (916) 759-2285,/ax: (916) 759·2268. ~a Yala News �PERSPECTIVES ON B I ODIVERSITY AND INTELLECTUAL PROPERTY "Development" Crop Diversity and Indigenous People in the A ndes Indigenous farmers show over 3..000 varieties of seeds at a regional "seed fair" in the A ndes. by Tirso Gonzales have private indusuy in the Nonh. if not for recemly become concerned with he T northern countries losses in biodiversity. Among the farmers and Indigenous people of the "Third World." other things. this has included concern for the loss of native crop seed diversity. Presently, Northern and Southern governments. tronsnational corpora~ The main causes of this loss are external to Indigenous populations, who ha\'C tions. and international development and financial agencies link biodiversity in an ahnost nau..tral way to biotechnol· ogy, and ignore rhe Indigenous peoples who inhabir rhe majority of rhe planers regions richest in biodiversity. This absence of real interest in Indigenous peoples is consistent with the dominant practices of '"development'" and as well as those of conservation. always considered the seeds of native plants part of their survival strategy and diet. These plants, which are described by scholars in the North as "underexploited tropical plants \\oth promising economic value"' or the "'lost crops or the Incas," have through the growth of biotechnology industries been conven. cd into a promising source of profits for Development Institutions and the Loss of Biodiversity Tit$0 Gonzales is completing a dissertation on Indigenous K!lowltdg< and Biodiversity in rhe Peruvian Andes and Mt:ti"' in che dcpanmc-nc of Rural Sociology al rht Unl\'ersiry of Wisconsin. Vol. 8 No.4 Unfortunarely. the Global Srrategy for Biodiversity (GSB). one of the most influential recent policy frameworks relating to conservation of biological diversity. continues w'ithin the S."lme modernizationist vein. The GSB was prepared by rhe World Resources Institute, the World Conservation Union. and the UN Environment Program in consulrarion wl!h the UN Food and Agriculture Organization, and included the work of more than 500 individuals over three years. h was designed for adoprion by scientisrs, politicians, and governmental and non· governmental organizations in both the North and South. Afrer three years of debarc. only four of its 85 actions emphasize the role of Indigenous communities and campesinos in the protection of biodiversity. Many international agricultural institutions also continue in the same mod· emizationist tendency. Two examples with panicular impact on Indigenous agriculture are the International Centers 21 �PERSPECTIVES ON B IODIVERSI TY AND I NTELLECTUAL PROPERTY for Corn and Wheat in Mexico. and the lmcrmuional Cemer for Potato Research in Peru. The so·called Green Revolution, associated with 18 such international centers of agriclahural reseatch and backed by imernational developntcnt :md f'inance organizations like the \-Vorld B.~nk , the IM F and US AID, promoted a form of agriculture very different from that of Indigenous campesin os. The "'revolution· was designed to use high The culture of each and every one of these peoples -that is, the way they know things. their modes of being. and their modes of understanding the world around them-is shown in their relation to crops, plants and other living beings. An Alternative Proj ect For the last two years, the Asociacion Bartolome Aripaylla (ABA), one of more than 20 groups associated with the inputs or chemicals and heavy rnachin· lima based NGO Andean Project for cry. and offers liule of substance to Campesino Technologies (PRATEC). has Indigenous farmers. To the contrary, it been wo rking lO revive traditional has tried to trnnsfonn them into modern Andean techniques and crops in the fam1ers. dependent nm only on seeds Quechua comm\mity o f Quispillacta. but also knowled ge. tools, money and Ayacucho. The comm unily's territory food. The green revolution is a principal includes over 20.000 hectares o f which cause of the loss of cultural and biologi- less than five percent have been brought cal d iversity in the countr)1Side. u nder cultivation. Like many Andean Chemicals used in the "revolution'" ha\'C communities, Quispillacta is organized also contributed to contamination of air, at three levels: the Ayllu. the neighborwater. soils and living things in general. hood, and the communit}~ Nuclear fam· ilies are b rought together in the Ayllu Diversity in the Andes and s tren gthen ed th rough collective The Andes form a mountain chain work and ritual fiestas. The ABA is made that crosses territories now known as up of community members who left to Colombia, Ecuador. Pen> and Bolivia. study in the city and fonned an NGO The great diversity of Andean cultures there. Th is has convened them, as they developed close connections with the themselves recognize. into ..visitors'" in e;mh. the Pachamama. and the rest of the community. They had stopped farmthe living beings such as hills. water, ing their own plots for over thincen animals. sun and moon. This regionS years, and d epended on the city. After extraordinary abundance of crops. med- renecting on this problem . the members icinal plants. frui t trees. animals and of the ABA decided to return to the commicro-organisms has earned it designa- munity. ..Correcting our errors. we tried tion as a global ..meg~Hiiversity'" center. to intens ify our actions of strengthening t\s several scholars have noted, this the community. \ Ve formed another diversity in itself is not so notable as the group in the community, gre w plants m anner in which it has occurred. The and worked in the fie lds like the other questions are: \ Vh)' is there such high members of the Ayllus. and became part biological diversity in the Andes? W ho of the agricultural cycle of the commu creates. reproduces and cares for biodi- nity."" The ABA wo rks in the collection and versily? How is this done? \ Vhy is it done? inventory of local and regional seeds, The ans wer to these questions is com munal and group p lanting. found in the interaction between the exchange of experiences. infonnation Quechuas. Aymaras. jibaros. and seeds. and Andean praclices for Chichimecas. Chinantecos. Chontal. exc hanging and maimaining seeds. Aushiri, Quichua. Shuar. Huitotos. After these two years of work and Chichas, dozens of other Indigenous study of genetic conservation and eropeoples. and the namral environment. sion . the enormous differen ces between 4 4 22 the western and the lndigen ous vision have become cvidem . They have denominated these as .. the culture of hybrid seeds.. and the ..culture of native seeds." ABA held "Seed Fairs" in 1991 and 1993. These fairs have provided incenti\'es to cultivate native seeds of many varieties, in comrast to agricultural fairs organized by the Ministry of Agriculture which p romote '"improved seeds." Among the objectives of the 11 Exposition of Andean Seeds were: to show the potential of nath·e seeds that a re raised in Quipillacta, to exchange seeds and knowledge, to demonstrate the ro le of s ubsisten ce fanners and increase phytogcnctic variety, to promote and amplify the growth of d i"erse Andean seeds, and to show the n utri· tional richness and the diversity of dish es that can be made from Andean crops. Nearly half of the area's Ayllus panicipated in the second seed fair, prescming over 3,000 samples of twelve Andean crops. \ :Vhcn crop diversity wns chaned by region. it became evident that the greatest crop diversity was found in the Rio Papas watershed-especiaHy in the areas of Pirhuamarca a nd Uaqtahuaran- where the development ins titutions have the le.."'I.St presence. This confirms-accordi ng to ABA-thm crop diversity is greatly affected by projects that promote seed improvemem. since they carry with them an established technological packet which tends lO displace the native ecotypes and knowledge. Cases such as that of the Asociacion B.'nolome Aripaylla suggest that the conservation of seed di\'ershy depends more than anything on the conservation and strengthening of Andean cultures. True development in the Andes will never come in the form of modernization. par· ticularly when this means-as often stated in the past-the replacing of everything lndian ' 'lith "modern."' \\1estern techniques. Rather. Indigenous agriculture will play a critical role in any authemic process of Andean development. /lJ)ya Yala News �INTERNAT I ONAL Free-determination and the States: Commentary on Barbados Ill by A ucan H uilcaman read with interest the "Declaration of Barbados Ill" reprinted in the last issue o f Abya Y News (Voi:S no.3). ala Considering the breadth of material included in the declaration. I will only comment on the portion of that docu· I ment which begins with suggestions to the governing l.1tin America.n states, the United Nations and its various specific bodies such as the OIT, UNESCO. UNDP. and FMI. Second. I also want to comment on the declarationS final sec· The promises which L'ltin America:S governing states have made through documents in summits such as those held in Mexico and Spain respond to Indigenous peoples· undeniable reality, but these resolutions are very far from being implemented in practice. In the meeting in Spain, the governments promised to establish a Development Fund for Indigenous Peoples of latin America and the Caribbean. Now, when \ Ve are in agreement in relation to Indigenous peoples petition the fund for economic assis1ance. they are told that the fund has no resources and that it is only a negotiating table between some international organizations and the identification and historical analysis of factors wh ich ha"e made the political and cultural oppression of Indigenous peoples possible. as well as the '""'vs on ideological, political. religious. and eco- legitimize their actions, they have established an an oversight council with Indigenous representation. However, Indigenous delegates have to be acredit~ tion related to the self.detemlination of Indigenous peoples and the nationally constituted states. nomic colonialism and neocolonialism. However. the declarations call to the Latin American governing states seems misplaced. The states are fully aware of the reality in which we Indigenous peo· pies live. Th ey know that this reality has been constructed by force and violence. The denial of our physical and cultural existence produced by the political constitutions and legal systems responds to the homogenizing nature of the govem- ing states, and is the resuh of organized political decisions. not of coincidence or circumstance. Aucan fl1iilcaman is \Verken. or spohe..sperson, for the Mapuehe organitation Auhin \Vallmapu Ngulam-C<>uncll of All the Lands rn S<>ulhcm Chile. Vol. 8 No.4 Indigenous communities. In order to ted by each countrys chancellor. They C.."lll this · democratic panicipation," but il is nothing more than state colonialism under the guise of recognition and democracy. Similarly, the governing states came to a set of agreements at the Earth Summit in Rio de Janeiro in 1992. If we try to verify compliance with these agreements. we do not find any concrete means in the legal. political or economic arenas to ensure better adminis~ tration of natural resources. It is easier to identify the thousands of hectares of land. mountains. rivers. and lakes which have been destroyed and contaminated. Un doubtedly. as it has become impossible 10 evade the Indigenous reality. the governing s.tates will make a declaration regarding Indigenous peoples whenever they hold a continental meeting. but in no case does this imply compliance with their promises. I belie,·e that any demands or exhor· tations require precision. We Indigenous peoples are fighting for the recognition of our rights. rooted in our historical and political condition as a people. with all powers in the areas of rights, ideology. politics. and culture which this implies. such as the restilution of fundamental rights and freedoms such as free-determination and the resti· nuion of ancestral lands. These condi· tions are precede any fonn of recognition. otherwise. the states will continue lO determine the framework for recognition and relations between Indigenous peoples and the governing states. 1 consider out of context the cttll to the United Nations and its various spe· cial bodies. as if these were something separate from the constitution. control. and intervention of the governing states. ll is time to state what the United Nations is and what it truly represents. The United Nations does not exist: what truly exists are "Concened States" which are simply institutional structures whh a legal. political and ideological base and with defined interests. Taking into account that the ideological base and sustenance o£ a nation is fundamentally cultural. h is no longer possible to contend lhat the " states are politically·orga· nizcd nations... States in America (Wallmapu in the Mapuche language) have no corresponding socio-<:ultural reality. Therefore. the United Nations 23 �t< T E R t< AT I 0 t< A L arc the s.-~mt govemmg states that have been COI\SIIUCicd wnhou1 uking into account the cultur.ll d"·ersny of the conuncnt The I LO (lnternouonal Labor Orgamzauon). UN Oe\'elopment Program ond UNICEF are not independent of the United Nations or of the governing s1mcs. Thus. their actions are not :lU10ttomous. All of their plans. progmms. nnd projects require govern· mental approval. It is sufficiem that an lnd1gcnous organization comes into confloct woth the state in the process of theor struggle, for these organizations to hmit the help they gwe. Relaung to 1he declarauonS State· ment, '"\Ve bthevt u necessary to appro\'e the Chaner of Indigenous Peoples Roghts promoted by the UN: it 1S wonh menuon1ng 1hat af1er thinun rears of doscussoon between members of the UN Worktng Group and Indigenous reprcscnt:tllv<:s. the governments are not willing to recognize fundament:tl rights such as frec-deurminacion and the restitution of nnccstml territories. Frcedctcrmamnlon is a right prior to. or con- ditional for. enjoyment of the other rights. Before demanding prompt ratification or thiS feg.1l instrument, it is esscnual 10 be sufficoently informed of the fundamental nghts that lndogenous peoples arc defendmg on the '"'rious spaces 3\"31lablt to us, as well as posi· uons t:akcn by thr states in relation to these nghts. Wuhout mcorporating these conditiOnS, new ronns or domina~ uon could spnng from international law, even ash IS rr:1med as the recognition of Indigenous peoples and their rights. Dunng the Working Groups' final session (July 25-29, 1994), they did not permit rc,•lsion of the declaration. and merely received Indigenous representatives ·comments." thereby pre-·cn11ng full recognouon of the connoel between lndogcnous rights and the states The nght to r...,e-<letermination, formulated by the Indigenous peoples. shows the d"•de between the historical 24 legotimacy of lndogenous peoples" inahenable nghts and the legaluy that sustaons the stat<s The lndtgenous people ma1ntam wuh all our comiction that 1hc st:ucs. do not ha,•e more nghts than we do. nor have we authorized them to m'·oke our exclusi"c rights, nor intervene II' OUt I)COpJes' rulUre. Since the declaratoon olso calls on the lntcrmuionnl Lnbor Organizalion (ILO) and refers to its Covenant 169, I have to comment that this Covenant renects the suue-govcmments' politics of juridical colonialism as well as that of the UN'$ agencocs. Although the Co\'eMnt rccogmzes us as peoples. it somultaneously r<Jtcts the rights that stem rrom thiS r«OgJ'IItiOI\, SO that it r<mams purely symbolic. The Covenants most sognofic;~nt element lies in pro'"dmg lndogenous people the right to "consultation and panicipa· uon: Howe,·er. th1s nght becomes ine£recuve when we remain politica11y o pp...,ssed by the states. Indigenous consent In this context is rehuive. At the UN World Conference on ~Iuman Rights in june of 1993 where I served as spokesperson for the Indigenous represemauvcs. we suued "\Vc call on the States to ratofy Co"enant 169 of the ILO pro,1ded that the Indigenous peoples are 1n agrt-c:ment \Ve understand this tnstrumcnt as tht fil'>l step to establish new and better relauons between the states and the lndogenous peoples." In rdercnce to the international de"elopment and financial organizations such as the World 6Mk, IMF, lntemmer•can De,·clopmem Bank, it should be noted thnt the development they hove imposed is unilatcr:tl, and has assaulted Indigenous cuhuml identities and the economies of reciprocity. These are the snl'nc orgnnizntions that appro"ed projects for consmo ction of hydroelectric dams and other such endea,·ors wuhm lndtgenous territories. for example, the hrdroclectric dams on the Rt\'er B1o-Bao \\ithm Pehuenche Mapuche lands. Any mvltotion to change pohctes made to these institu- tions is \'Cry for from bemg met, especially so nee they respond to the tnlerests of the go-.·emmcnts ond ""' not independent bodoes. The dedarauon ends refemng to the democmtizauon o£ Lattn America. of gcopoliucal reorganizouon, and the recognition or the Indigenous territo~ ries. I reiterate that we arc in agreement on this: it continues. however, whh a call for recognition o f Indigenous rights '"in a rramcwork or n sclr-dctermination compotible with, and complementary to the sovercigmy or national states.. 1am not sure tf I should conclude that in this passage the dedarauon presents a set of contradocuons bartly compouble with the prev1ous analysas. or whether it is the poliucal onentauon of the s•gnatol)• organ•uuon. \Vhate,·cr the cast, I \VIIl emphas1zc the 1mphcauons thts essen· tialaspect has for possoble solutions and new relationshtps bttween Indigenous peoples and states. It is incongruent to propose the compatibility Indigenous self-determination and the sovereignty or the nationally constituted States. ItS wonh reiterating that Indigenous people are fighting for fru del<rrninatlon and not self-determonauon. These concepts ha,-c differtnt meanongs and omphc;~­ tions on the legal, polmc;~l, tdeologoc;~l, histoncal. and cultural fields. lndogenous peoples h•,-e )"CI to determine whether we want to dt\'t:lop our· sth-es Wtthan Or OUtside or the SU\IC· tures of the so-called nauon-states. Funhcrmorc. os I pointed out above. nation-states don 1t cxtst. \\'hat exists are statc·govcrnmcnts. The homogenizing and unilateral n:uurc or the State•gOv· emments is what maintains the lnck of cultural understanding ond social intolerance. Complen>entarity with the States as they are is impossoble. It will only be possoble when both instiluuons recognize each other reciprocally under the baste pnnc1ple th:u neuher is more valid than the othtr, and th3t eoch system or Org;llliZ3liOn IS the most ade· quate for ots "'"n cultu...,. ~aYalaN<M �INTE RN AT I O NAL edge at the service of the northern coun- Mapuche at Summit of the Americas: ttyS transnationals.'" , This declaration sprung from a con· ference held in November in Temuco. Chile. It begins. "In this declaration, we establish a political position before NAFTA. In March. we will hold another meeting to elaborate a set or proposals to 'We Oppose the FreeTrade Agreement." We alert the Indigenous peoples of America that the multilateral economic agreements which are being adopted by the Latin American governments compromise the future of the continent. in which the Indigenous peoples are a reality that possess historical legitimacy over the territories in which the goveming states have been established. -Consejo de Todas las nerras. Declaration of Temuco. Dec. 2. 1994 guarantee Indigenous rights in relation to the free-trade agreements. 'We are holding a serie.s of consultations, because we want everyone to be fully aware of any plan, program or project derived from the free trade agreement and applied in Mapuche territory. But in addition. we want guarantees for our D uring the Summit of the ended," Huilcaman noted. "but this war Americas. President Clinton of economic competition is more dan- announced the futu re entry of . gerous. more harmful. more effective, Chile into the Nonh American Free Trade Agreement. Aucc\n Hui1cam:1n and more destabilizing." ""'Ne particip.·ued in the Summit-stat- Nafn. tWO represematives or the Mapuche Indian organization in Chile. Consejo de Todas las Tierras (Council of All the Lands). p resented a formal decla- ed liuilcaman-in order to make our physical and cultural existence known, jo~ even when the States and in panicular the Chilean state say that there are only ration to those at the Summh. denounc- Chileans here. 'VVe demonstrated that in ing the multilateral agreement as illegit· Chile there is another reality, apan from the uniformity that the State is trying to impose. Chile has twelve million inhab itams, according to the government four imate. since the states have no authorily over their people. The declaration affirms that the states can legitimately meet to discuss the free-trade agrecmem. but cannot unilmerally make decisions that affect Indigenous peoples. "The Indigenous people are a reality. We predate the states. We pre-date the governments that today make decisions for us and for the contincm ...at the same time. those agreemcms arc foreign. unilateral. and lack our consent ... Huilcam.an and Nafn came to the Summit representing hundreds o f thousands of Mapuchc who fear that NAFTA will increase the exploitation or their territories and the violation or their human rights. NAFTA. they point out, was signed in the US. Canada and Mexico without taking the Indigenous peoples imo accoum. According to the Mapuche represematives. the economic agenda proposed at the Summit, will have terrible repercussions for Indigenous peoples. "They say that the cold war has Vol. 8 No.4 4 million live in poveny. One million of these are Mapuche. In the long term. the people most affected by the trade agreement with Chile. as in all of America will be the Indigenous peoples. ln this sense, we are concerned rights. This may cause conflictS with the state. and or course. the communities are going to defend themselves. This conOict may have unpredictable results." Other States W ill Soon Follow In the Summit , the states announced development or an action plan to review and improve the laws that protect the rights of minorities and the Indigenous peoples, but according 1 0 HuilcamAn and Nafn. this is " a way to make the just public believe that the states "ill respect our rights." Following the Summit, Huikam:\n and Nafn spoke at a number of events. empha 4 sizing that while Chile may be the next signatory to NAFTA, many other Latin American States are lined up to follow. Sooner or later, all Indigenous peoples will for the future of the continent. We have be faced with the same circumstances. found that there is no infonnation-there Thus. the Consejo de Todas las Tterras hopes to es~ablish alliances with other is little understanding or the implications or these multilateral agreements. Today for example. people are patenting food products, but they are also patenting Indigenous knowledge. Indian organizmions to promote action now- before the agreements are signed and it is too late. Huilcrunin notes that the Indigenous movement has been too often even human genes. When we lose control of these things, it will be a global on the defensive, reacting to e\'CiltS after catastrophe." Under NAFTA. the declaration states, "the intellectual propeny of the Indigenous peoples will cominue to be usurped with greater efTicienC)'• in light or that fact that biotechnology has become the mechanism and tool of with an Indigenous offensive. usurpation and cxuac-tion of our knowl- the fact. NAFTA, he urges. should be met To support lht Mapuchc clfon against NAFTA conracr: Auk'in \\i£11lmapu Ngtdam·Conscjo de Todas las n erras, Gcmcral Mackt PUIQ J52 Casllla 448 Tcmuco, Chile TcVjax: (45) 235697. 25 �SELF DET E RM I NAT I ON AND TERRIT O R Y Guatemala Peace Talks: composed of four Maya org;m1zotions: The Academy of M3)';1. l:lnguages ol Guatemala. The Counc1l of ~1aya Org;~mzauons of Guatemala, The Permanent Maya Assembl)•. and The The tortuous dialogue between the Guatemalan Government's Office of Maya Unot)' and Consensus. Commission on Peace (COPAZJ and the National Guatemalan The document was first dtseussed and Revolutionary Union (URNG) has been marked by exclusion of the appro,·cd by members of COPMAGUA. Maya community. a standstill on the subj ect of identity and and then edited and approved by the Indigenous rights. sinking credibility of the parties involved. and elc,.en groups of the 1\SC. Finally. the most recently. an ultimatum from the United Nations. document was presented to the representatives or the COPAZ and the URNG by Estuardo Zapeta who ignoted it . day before the conclusion of 1he peace proeess use If. The two groups Another item of ncgouauon m which 1994. the yeor in which the parttctpaung m the d10logue. the gov- the panies cannot 3gret tS the ratiftca· Guatcm:llan go"ernmem had ernment and the URNG. are typically tion of the Covenant 169 of the commiued uself to s1gning a peace ladmo (of European or m1xed descent), lntemallonal l:lbor Org;tmz:~tion. "On agtttment. Guatemal>s national daily urban. and above all, exclusionary. lnd1genous Commumues and Tnool paper S1g!o Vttnr•uno eomed the front Guatemab. on the other hnnd. is pri· Groups m Independent Countnes: The page hcadluu~. "UN 1ssues an uhimatum m•nly rural, mulucuhural and the Guatemolon government argues that to the Go'·ernment and URNG" (Friday. maJOnty (65%) IS Mnya. Consequently. Covenant 169 1s unconstuuuonal; the December 30. 1994). And an ultima- the "dialogue for peace· IS seen as a URNG. for ItS p.1n, never came out in tum wns prCClSCI)' what the stalled peace "'monologue" bctw~cn two minorities fa"or of raufymg the Co\'enant umill:.ue proeess seemed to need. who basically m:untain the same colo· in 1994. when the Covcnam was The problems that provoked the nial discourse. included as an item in the peace negoti· Gun.tcnlttlnn civil war-widespread illit~ The negotiation of identity and ations. Due to both p.1r11cs' falling cred· cr:tC)'· cxucrnc poverty, malnutrition. Indigenous rights. on which the parties ibility. the URNG's support for infant morwlity. unequal access to fertile remain stalled. is being called into ques- Covenant 169 seemed a poorly timed soil-remam unchanged after 34 years of tion. Is Maya identity an element of the politic.1l strotegy. conOict that has k1lled more people. negoti:uions? Are Maya rights negoAll of this provoked n lcuer ol ulti· destrO)'Cd more communities, displaced tiable? Yes. appareently so, since this matum from the Secretary General or more Guatemalans. and produced more item appears on the agenda. u appears the Unucd Nauons. Boutros Boutros w1dows and orph•ns than the \'try that the Government and the URNG Ghah. addressed to the Prtstdem of problems that started " · Constr\'atl\·e behe,·e that they an:. Paradoxically, Guatemala. dated December 22, 1994, esumotes count o,·er 100.000 dead. when the Maya commumty petitioned staung the foii0\\1ng. "1 am concerned 35.000 d1sappeared. 22.000 "idows. to include the~r n:presenl3tives in the attht lack or progress'" the peace nego· and 150.000 d1splaced people and "d1alogue." the Go'·ernment and the tiations dunng the second part or 1994. refugees: the number of orphans has URNG responded \\Oth a resounding As you know, the latest round or discusnc\•cr been counted. Those most affect· NO. It appears that m Guatemala, after sions that began on October 20 has not cd by the social1lls of a country charac- 500 )'Cars. lustory repeats ilself: two resulted in the hoped for agreement on terized by mjusucc :md colonialism are minorities :1rc making decisions for the 'Rights and Identity of the Indigenous the s.1me ones who have suffered 95% of Maya majoruy. Community.' This is another d elay after the victims caused by the civil war: the The paper on identity and the suspension or discussion for four MaycL lndigneous rights produced by the months due to the position adopted by That is why the open exclusion of Assembly or Civic Groups (ASC) and the URNG between July and October" any May:m rcprescntati\'es in the discus- presented as • sohd proposal in opposi· (Free Press. December 30. 1994. p.2). SIOn o( "1dcnmy and rights of the Mayan tion to the panits mvolved m the '"diaBecause or the "'JCCIIOn or the ASC commumty"' has resulttd in criticism of logue· was 1gnored. The ASC is an asso- document. and due to the (act that nei· ciatton of clc,·cn Cl\'lC groups. One of ther part)' could produce an alternative fsluardo Zapclo u Mo)O·C.qchtqud and these 1s the Ma)<a coahtion. proposal. the Unned Nauons tntel'\·ened works >nih rh< Ccnlto de fstudiOS de Ia Coordmaung Org.1mzauon of the Mayan by presenung a draft proposal on Commumty (COPMAGUA), wh1ch is Indigenous RightS and n•mmg a modtr· Culluro MOJO (CEC.\!A) of Guattmala. continued on pg. 37 Are Maya Rights Negotiable? A 26 f!D(a Yala News �E~V I RO~ME~T A~D DEVELOP M E~T Indigenous Peoples Unite Against Pan-American Highway by AUcia Korten and DiaUs Ehrman aders of the Kuna. Embera. Vounaan. Ngobe and Bugle peoles living in the Darien Gap region that borders Colombia and Panama announced that they would oppose any plan to build the PanAmerican Highway that did n ot first obtain their approval. The Indigenous Pan·American Highway Commission (IPAHC). representing over 200.000 Indigenous peoples in Panama. made this declaration in response to growing pressure to complete the highwayS Darien Gap link-which international U business interests see as critical to facilitating trade between South :.tnd North America. Leaders tmanimously agreed to reject construction of the Pan-American Highway. a railroad. or any other project crossing their lands until these lands have been legalized and demarcated. Indigenous peoples fears regarding the highwayS negative impacts were reinforced by catastrophic Oooding in Nov. 1994 which destroyed several Kuna communities situated near the PanAmerican Highway. which stretches for roughly 100 miles into th e Darien Province. "The night (the Chucunaque River rose) our children had to swim to stay alive. the water came up to the necks of the older people. All our r.elds and many or our houses were washed away. 1 have never seen such a flood in my lifetime," explained lioracio Lopez Turino. community leader of Wala. He Alida Kortcn is a slaff member of the U:mer for Popular !.£gal A$$1Stancc. Tel: (212) 645· 3139 Fax: (212) 242-1901. Dialis Ehrman is the Kuna Gcnt"ral Council$ rcprt.stntative to the IPAHC. Vol. 8 No. 4 and other residents believe that the O<lvclopment Bank (lOB) is financing a flood was a consequence of unprece- $1.5. million environmental impact dented deforestation in the last two statement for the construction of the dee<~des by loggers and cattle ranchers Pan-American HighwayS last segment. who have used the highway to gain according to official documents from the access to the region'S resources. Ministries of Foreign Relations in Pressure to complete the road has Panama and Colombia. This financi ng is increased in recent months. Broad significant as the lOB generally funds agreement at the Summit of the environmental assessments only if it Americas last December to unite the intends to support the actual project. Americas into a free trading zone by the However. according to an lOB represenyear 2025. gives the highways construc- tative. the study is not an environmental tion new urgency...The Pan-American impact suncmem . bm rather a general Highway is the only unr.nished interna- environmental diagnosis of the region. tional highway even though it is the lOB representatives have insisted that most important in the world ... all of they would not finance such a environ· humanity is awaiting (its completion),'" mentally and culturally destructive prostated Colombia$ Minister of ject. Yet, according to one well-known Transportation under the Gaviria Panamanian newspaper. the lOB has offered to loan funds of $29 million to administration. j orge Bedeck Olivella. Plans to build the road are rapidly finance the project. The World Bank is moving into ge3r. The l nter~American also funding an environmental impact The Indigenous Panamerican Highway Comissio n holds meetings to organize communities throughout the Darien 27 �EN VIRO NM ENT AND D EVElOP M ENT Slotement fo r the P"''"S of the 100 mile road 1hat already pcnwmes the Darien. pressure from the Indigenous organiza· Planning at the MintStry of Public Works tion with a few concessions. Government officials invited :m lnchgtnous delegate to p:.uuctp:ue in the m Panama. Parramam:m officials state February 1994 mceung of the Good that 1hese proj«ts •rc p:m of a five-year nauon-"1de road-butldtng program. Of the S406 million budgc1ed for the pro· grnm, the lnter~AmcnC'In Development ll.1nk and the World Bank arc providing S220 million in lo.1ns. "No highway con- Nctghbor Commiss1on. a bm:uional suued Luis Casu'lned~. Director of struction can take place m Panama in the next five years th.11 docs not follow 108 gutdelines." Slated one 108 officiaL Oppostlton to extcnsoon of the high· way lS also gaimng momentum. Dh·erse org:tnizations rangulg rrom the International Union for the Conservation of Nature to the Union of body negoti3ting all agreements between P:tnama and Colombia. but refused to finance the tnp. · wnhout tnonies to cover expenses. we could not send our delegate." CXI>Iained Cacique Lcopoldo 8aporiso. chief of the Emlx:rn-\Vounaan in the DJncn. IPAHC dekgatcs are now meeting demand participation in all swdlcs and de,·elopment projectS for their home· lands They are also rcachmg out 10 orgamz01uon.s nauonall)· and mrtma· tion..1.lly who ha,·e: expressed conctm reg."dmg the htghwa)' plans. Leaders hope that through the n contmued efforts, and with the support of solldari· ty org.'\mzations. they will be nble to inOuencc the destiny of their peoples and the romfoi'CSIS of the Dantn Gap on wh1ch they depend. esohu.ion o f the Indigenous Embera. Wounann ond Kuna peo pl<s of meeling to discuss the construction o r RJJ>an ·American Highwaynational >:mama at the second the on October Panamanian Cattle R.1nchcrs have writ· len resolutions opposmg the roodS con· 1·8 l994. in the Kuna communil)' or Pindupe, Comarca Madungandi. Strucuon. These groups •rgue that the road would de,'3Sl3lc !he arca's biologi· cal and cultural dwcrs11y and f•cilitate the spread of hoof-and-and mouth dis· e:tse into North J \mcrica. E\1Cn in We Resolve: Colombia. the ro.1d's most aggressive supponer. the government-run Institute (or Development and N'atu1"3l Resources (INDARENA). recommended m December of 1994 halung the project due to its potenual envlronmental Impact. A~hie Carr. nn emtnem biologtst with the New Y ork·b:lSCd Wildlife Conserv::uion Society, w:trned "1he con· struclion of a highway across the Darien Gap would constitute an ecological cri· SIS .. If Darien is a boologocal plug. a bar· ner to a biologocal uphe3~a1 that could affect both maJOr contments in the reg1on. then it achieves gre.'\tCr conservation significance th:an nny other forest." Indigenous peoples. whose home- lands :.md cultural subsistence are at a stake, continue to be margmalized from :til go'·emmem dtscusstons . '"'\Ve have been fighting to gam a votce m the dia· Iogue. but the &O''ernment has blocked lndtgenous partictpauon,'" stated Edy Degaiza. the Embero-Wounaan Generol IPAHC delegate. The government hns responded to Cong~ss's 18 with Pannm:mmn government ofncials and multil:ne r~'ll bank rcprescntmivcs to I) To reject the construcuon of the P:tn-An>encan Htghway, a ratlroad or any 01hcr project through our lands without our consent. 2) To demand the legahzauon and demarcauon of the Madung.1ndo. NgobeBugle and Wargandi Comareas and that collectl\'e land titles be prov> dcd 1 the Embera and Wounaan in order tO protect the naturol resources of 0 our territories. We refuse to accept any project tf these demands have not been met. 3) To broadcast nauon.•ll)· and mtemationally th< tXISience of the lndtgenous Pan-American Htghw:~y CommiSSion... 4) To authorize the Commtsston, m consultauon wnh the tradiuonal author· 111es. to seek the funds necessary to achtcvc the CommissionS objectives at a national and internnuonnl level. 5) To demand 1hat muhil:ucrnl financial inStitutions and the national govcmment give participation to the Commission tn nil plans to construct InfraStructure through lnd1genous territories and pro,'ide the Commlsston a<nSS to oil the mformauon necess.11)' for our Congresses to dectde whether the project IS benefictal or n01 6) To renerate our demand for particopauon \\1lhm the Good Netghbor Commission composed of the governments of P:tnama and Colombm. 8) To solicit support for the Commission from lndtgenous organizations out side of Panama. solidarity groups and non-governmental organizations. a IVrfucn tn the Madungandt Comarra. Communi!)' of PINDUP on Oc"""'r 7, 199-1. For more uiforma.uon; f.dy 0tg43J.tG. Coml$WI'I lnd~gcna C4rrctcrG Pan-Amcnca.na. COONI\ PIP. Aportado Posta18720S9, Zona 7. Panama, Tel: 62 16 SS Fax· GOn 62 IS 66. or llrctor Huertas. !.<gal 1\d,·•sor. Q>ml~on lndigeno Q>rwcra Pan-Americana. Ccnii'O de As!St(llda !.<gal Popular (Cl:AIJ>). Apartado Postal 6-5866. mDorado, Panama. Tel <Jon 64 65 29. oon ~aYala News �ENVIRONMENT International Opposition To Parana-Paraguay Hidrovia Mounts Indigenous poople from Brozif. Paroguay. and BofMa joined erMionmental groups and socJDI organizations from eight countries in questioning plans For an industrial wateMay on the Poroguay and Parona RM!rs which. 8CCCfding to tcchnJcQ/ experts. could droln the wt:Nid's largest wetland expanse. the Pantanal of Mato Grosso. Bfllzil. The meeting. called "Hklrovia Parona.Parogvay: Impacts o•>d Alternatives· was hold or the Lotln American Parliament in Soo Paulo. from December 8· tO. by Glenn Switkes 0 rgamzauon.s gathered in Sao Paolo warned that construcuon of 1he Nidrovla could chmma1e the P:mun:tl~ obliuy 10 hold wa1cr dunng 1he ramy st:UOn. cause diSOSirous Ooodmg downstrtam, and thrutcn the SUI'\'l\'31 o( nauve peoples and other commumues lh·mg nlong the ll\"tr nod u.s tributaries. lnd•genous peoples ore nlso concerned the projecl would hann populations of fiSh, birds, and wildlife, on which nati\'e communities depend for survi\'::tl. They also forsee increased land conflicts resulting from speculmory land buying. and • now or m1gmms to the area in search of jobs. Supporters of 1he proJecl cL,im 1ha1 opcmng the upper re~ches of the Paraguay Rl\"tr to oct3.n-gomg "essels can serve as the "backbone" of South Amencan economtc 1ntegmuon \\.'lthm tht new Sou1hern Cone Common Markel. Mercosur Some h."'t gone so far as 10 predrct a stnes of \~tJtcrn>a)'S th3t w11l hnk the Paraguay wuh 1he Amazon and Onnoco. lnd•genous people ukmg pan in 1he meeting sounded ~ w~mmg lxlsed upon 1heir experiences with o1her large-scale developn1ent projects. Vilor Aurapc B.'kairi ci1ed imJ~1eLS from Polonoroes1e. • World B.mk ro.1d building project. which he satd "'tore :tJ>an our communities. People IOSI •heir lnnd and tn<""td 10 the penphery of 1he <Illes. Many of our women b«:ame p~uutes. \Ve don\ wam thai 10 happen ag.1m • Gltnn S"1tkts coonlllt41<1 Ill< lntcnw.tl<m4l Rl\'trS Ncl\'ovrlts Htdnl\14 campa1gn. Bias Fedenco Garc!.1, of the ~neral Coordmanng Bod)• of 1he Plicomayo Basm of Paraguay. sa1d 1h." 1he course of 1he Ptlcoma)'O RJ,·u V.'3S ahtn:d m a manMr similar 10 1ha1 pbnned for 1he Paraguay. "'\Ve don\ remember anymore how n was before. when the Plicomayo was 1he soura: of our hfe. R.1in docsn\ come anymore. hs impossible 10 culuv:ne food. We had an enormous lake, Laguna Esc.tlante Cuellar, where there was alw:tys ftsh.~ According to Federico Garcia. the ri,·cr projec1 dosed ofT the riverS tributaries. drying up 1he lake. Valentin Mu1tx, GU.1JI, the Secretary for Economy and Oe'"tlopment of 1he Cemral of Indigenous Peoples of the Bolwtan Orien1e (CJI)Q8), expres.sed the nau"e ptq>&es' detennuuuon to be !n\'Oh'td m the diSCUSSIOil and debote I'C&'rd•ng the proJ«L. ·who aro \\"e1 Are \\"e hke lmlt •n•mals Mlhm 1he foresl >MOSI of our peopk h\'e along tht m't>rs. \Ve 1hought d(:\'elopment was pantct)X'tory. (quaL But, we see 11 is no<. ThiS de,·elopmem wtll serve 1he needs of how many/" Marta Guarani, of the Kagunteca Association. and Marcos Terena. of the Allllance of Indigenous l'eoples of the Southern Cone, declared their intention 10 disseminate information on J>Otemial impacts of the Hidrovia to nati\'C commu· nities. Other reprt.sentntwes mcluded Terena. Guaram, Bororo. Kmng.1ng. and 1'1\rea people from Malo Grosso and MaLo Grosso do Sui. 8ranl; as well as Alilon Krenak from 1he lndtgenous Research Cemer. Add111on.1l populauons 1denutJed AN D DEVELOPMENT as endangered b)• 1he HldTO\u P'YJ<C' melude the A)'Ur<o, Chamaeoeo. Tob:lMaskoy. Angane. Pat TaV)1tra, and 1he Guato, a popubuon ntar cxtmcuon wh1ch lives within the hmlls o£ the Pam:ma1. Three Indigenous deleg;nes were chosen 10 participate in 1he coordonnting body which will advance propos.1ls for • brood cam}X'ign to mise awnreness nnd development action plans regnrdlng the l)aronnParnguay Hidro•ia. According to p.nticip:mts at the Hidrovia semmar, "Envuonmental 1mpact studies must include 1he pan~e1pa11on of all sectors of soaet)' .. (Lhe B.mks] must oonsul1 "ith the publiC m • way wluch IS open and uuly poniapo1ory.· The lnter-amenean Oe-"tlopment B.mk and Unued N;u1011S Oe-"tlopment Programme aro coordmaung economic and engmttnng ftastbtluy studies. and an envuonmcmal impact assessment (ElA) for 1he HtdroVla project Conference delega•es also pomted ou1 that the Paraguayan govcrnmcm has already indicaLed u will requcs1 bids from engineering comp.:mies to explode rock ou1croppings m 1he b.~ of 1he Pamanal. which could h:we irrc-vcrstblc tnvlronmcnul impactS. NGO delega1cs al 1he Sao Paulo meeting warned: •Jf worl< begms on pan.s of the proJtCI before 1he Emironmenullmpoct Ass<:ssmen1 is compkted ... the ElA ha•"t no \'alue: "'II For mort 1njormanon: lnrtmanonal Rlwrs Network. 18'17 lkrktley Way. lkrl<dcy CA 9-f7a3. A report "Constdtnng tht Htdro\'ia· is a"ailablc for S12 Indigenous leader M<>na V~ot Guarani (righl) adresses the meeting on Hidrovia - \l:ll8No.4 29 �• We Are Involved 1n a Joint Struggle Interview With Carmen lrnamberna undreds of Indigenous rcpresemauves gathered tn Geneva in june of 1994 to d1scuss :md comment on the Droft Declarotion of Indigenous Rights being preI>Jred by the UN Working Group on Indigenous Peoples. H There, we interviewed Carmen lrnambcrna. President of the Fcderauon of Indigenous People and umpesinos of lmoobura (FICI). one of the large& htghland Indian organizauons m Ecuador. on the draft decbmuon and her experiences as a. woman le3der. Arc you s.1tisfied with what has occurred h<re at the UN o r do you think that the aspirations of Indigenous Peoples arc not being heard? Well. I cannot exactly My s.>tlsfied. But it seems to me that lhc lnhinti\rcs proposed here arc imJ>Onnm so thal with time the governmems increasingly open up the barriers to the rccognmon that we Indigenous peoples h:1ve rights. Thts space here in the UN Workmg Group IS tmponam for outhmng a program whtch the lndtgcnous Peoples can then use But I beheve that nothmg '"II ch.•nge through this alone. Our only guarantee tS the force of our peoples. Regardless of how many laws arc appro,·ed. tf our communmes don\ struggle. there are no guaramees. Clearly the law will be a legal instrument. but ItS use depends solely on our strength. A slew of laws protecting our human rights already exist, but when and where have thC)' truly been applied? \Vhcn have we been protected under them? R..nely. if ever. arc laws on p3per complied wtth. More often the interests of those in power rule. So. regardless of how marvelous our progmm here m the Workmg Group IS. 11 will never bear fruu unless we guarantee H . How do rou feel about t he dmft declaration. where d oes FICI stond in this regard? Some people believe that. beC':luse • u niversal decla· mtion of human rights already exists. th:u this adequately cov~ ers oil of humanity. But act ually. Indigenous People ore not taken adequately into account under eXISting lows. I believe thot lndtgenous People need to be oddrcssed specifically. because we are different. \Ve h.we our own fonns of org:tn•· lO z:mon. our own politics. our own fomls of economic de,·elopment. There are differences between Indigenous People on the b<:st woy to express our rights. Some orgue for ·free-deter· minntion,'" others for ..autonomy.'" Autonomy implies the expansion. the development lof rights). under olready estab· hshed norms and structures. \Yuh free-determination. we ~re peuuomng the direct recogmuon of our nghts-that go,·emments recogmze us for who we ore These dtfferences merely tndteate that the different peoples \\C represent confront dtfferent problems. ha,·e dtfferent struggles. and dtfferent expe· ncnces. And so for some. the dcdarn11on of aUlonomy is suffictent. But for those who arc truly tn stntggle for free determination, autonomy is not sufnclent. Where there is n1uch discrimination. it will not protect us. We lof Ecuador) are arguing for free-detennin:nion, not simply autonomy. My posttion has ahvays been that tf we are not recognized in thiS manner 1hen we cannot say that th1s 1s our law-thal o£ the lndtgcnous Peoples. Rather. 11 IS a UN law declared m the presence of Indigenous Peoples To conclude. could you say something •bout your position. You are the o nly rcmale president of an Indigenous federation in Ecuador. \:V.hat enabled thai and what challenges do you face? This is what everyone asks me. :.md I really donl have a clear response. Since the inception of FICI. for the twenty years that it has existed. there has never been a woman as prcstdem. There has been female pantctp.11ion and leadershtp. but thiS has always been •n the role of Sttrwuy of Women-not the presidenC): not e\·en as head of one of the Other depanments. So. thiS umc th(rc was a miradc. How h:wc the men in the organization responded l O )'OU, do you feel t hat t hey d oubt your car>acity? Well. that depends on how you proceed in the work. Some may have doubiS. but in geneml. I have the total sup· port of my colleagues. If they don' suppon me. ls.1y that they arc not obeying the desires of the province. For I was not elected by JUSI one communur but br the provincial congress. A&(a Yala News �W 0 M A II So, what's the current situation with the agrarian law? Well. the law was approved. But finally. after so n)all)' deaths. the Tribunal of Constitutional Guarantees declared the \ Vhat aboUI women's organizing within 1he FICI? A re there law unconstitutional. At the same time, however. the groups that work specifically on women's issues? President and 1he Social Democrats appealed the decision to Our fonn of struggle does not stop with specific objectives the Supreme Coun. Thus the law was still in force despite the for women. I believe that this is something imposed by colo· fact that a high·level institutior\ of the same state declared it to nialism-that women are to fight for their rights separ:\tely, and \graian Coordinating Body. that men then organize for the men. l don't agree with this. I be unconstitutional. \Ve, of the J believe that we are involved in a joint struggle where men. have appealed to the Supreme Court that il too declare the law women, and children participate. unconstitutional. At the same time, a commission was established to refonn But we can have specific activities as women within this the law. The commission comprised representatives of the: Struggle and there can be specific problems between the genders. after all. machismo s1ill exists. But what we, as women, Catholic church. Indigenous organizations. agribusiness and are trying to promote is that everyone is respected as an equal. ranching. the national congress. the Social Democrat Party, And that everyone understands that women are capable of Ministry of Agriculture. and the President of the Republic himself. Decisions of the commission are simply recommenassuming any responsibility. dations. however. and must still be approved by congress We. as Indigenous people and as women need to have direct relations between our peoples where limitations are not where the conservati,•e Social Democrats are the majority. imposed. where our spaces are not limited. As women. we need to understand that we are capable of taking any respon- Is the govenunent showing good will in relation to sibility-that we can move forward. Indigenous demands now? If there were good will, the government would have acted Throughout the world , we heard about the Indigenous before all the violence. We don't believe there is good will. uprising last june that threw much of the country into turmoil umil the Ecuadorian government agreed to negotiate Rmher. the commission was conStituted because o£ the with Indigenous organizations. \Vhat caused the uprising? Indigenous movement's demands and the intervention of The central issue was the new agrarian law. Over the past international organizations. That is why we have dialogue. few years. the National Agrarian Coordinating Body organized Still. this is not a dialogue where decisive resolutions can be by CONAIE held assemblies and workshops in communities made. Rather. it is a dialogue similar to that occurring here in to debate agrarian rdorm. This popular analysis culminated the Working Group. in the "Law for lmegnued Agriculture... which we presented to the National Congress a year ago. Yet. this proposal was never discussed by congress. In May of this year. the cxecuti\'e branch submitted its own agrarian law. Following our vigor· ous protest, congress rejected this law. but then tumed around and approved a vinually identical bill of the dominant conservative party-the Social Democrats. The nationai"Mobilization for life· erupted from the political and unconstitutional manipulation of this law that direct· ly affects the lives of Indigenous people and small farmers in Ecuador. The mobilization began on june 13 and lasted more than eight days. It resulted in many deaths, three disappearances, and 540 injured. To date. I have not had any problems. but rather the support and respect of all the members. Who was responsible for this violence? Throughout the Mobiliz:uion for Life. the government never accepted our proposal for open dialogue. Instead. President Duron:S solution was to declare a State of Emergency. In this way. he began to milit..·uize target communities. \Vhen the military and police were authorized to intervene. the killing began. The deaths and injuries were the product of the government's state of emergency. Vol. 8 No.4 Carmen lrnamberna's organization FICI represents thousands of Indigenous people in the Ecuadorian highlands, like these women from Otavato province. 31 �CHIAPA S Chiapas Update: Mexican Government Launches, T hen H alts, Sudden Offensive 0 n Februory 9, Mexican Prestdem Emesto Zedillo broke the cease-fire in Chiapas. order- ing n surprise invasion of Zapatista-held territory in whm he tcm1ed a .. police action" to arrest the EZLN leadership. Nonetheless, Indigenous. non·governmcntal and human nghts o rg:mizations throughout Chtapas. as well as members or lhe n::monal medt:mon commission (CONAl) headed b)' Btshop Samuel Rutz. wc:re also targ<tc:d b)' the: go,·emmc:nt oflens•~•- Thousands of go~em­ recently fonned org..'"lmZ3tion represent· ing the Indigenous zones or Chiapas. warned in a press release on Feb. 11. ''\Vc arc sure that all of us :tre on that list :md can expeel to be arrested soon." On Feb. 13. the General Council described the government's offensive as a ..genocidal war." reportmg that five people had been k1llc:d in the communit)' of La Estrella. and thot many had been detamc:d and tortured b)' the army in three lnd1gcnous rtg1ons and m the communll)' of Orosmgo. set up roadblocks throughout the: Slate. seahng of! the medta, human rights workers. and the general population from the zones of conflict. No major Offensive Halted connicts between the two armies have to approve been reported, though one Mexican officer was killed by sniper fire. members of the EZLN who surrender their weapons. On the same day. the n•ling panys governor of Chiapas. Eduardo Robledo Rincon resigned from office an what he called an act of peace. Both the oppos1uon Pony of the Democrauc Re~luuon (PRO) ond the EZLN had demonded Robledo's resignauon followmg fraudulent elections 13SI Dettmber Dunng Roblc:dos inauguration. PRO gubematonal candidate Amado A\-cndono formc:d o p.1m.llel ~­ emment supponed b)' many Indigenous organi .. 1uons and the EZLN. A~edano responded to Robledo$ resignation b)' asking PRO militants to surrender the government buildings which they have Zedillo attempted to discredit the EZLN by Hnkmg leaders to terrorist acts in the late 1960s. and diSClosed the leaders' alleged ldentiues. Subcomandante Moreos wos 1denufied as Rafael Seb:>su:ln Gutlltn Vicente, • professor of commumcations from Tabasco Slate. Marcos escapc:d copture when the arm)' of the mountam m Guenero we declare. 'You art: n01. alone·· The lnd1genous org.1.mz..,uons who formed the Council or Indigenous and Campesino Orgamzauons of Chiap.15 (CEOIC) in February of 199'1. have divided the states l)redominantiy Indigenous regions into autonomous territories. now represented by :m elected General Counc1l of Pluriethnic Autonomous Areas. On Feb. II. the Council announced n would orgamze a =n:h from Chiap.1S to Mex•co Cn)' to -mobihze • thousond lnd1genous people from the autonomous reg1ons: !lnd to bnng auenuon to the Ch13pas conOict. The Counol also staled ment troops occupted communities and When announcing the offensive. the EZLN and understand the reasons for thttr dCCISIOil to take up orms as the only method to be heard from the hean In a sudden change of strategy. Zedillo halted the military oflensi,·e on Feb. 11. and asked the national congress :1 law gmming :unnesty to mtcnuon to continue orgamzmg for VIC tory 1n the coming mun1c1p.11 and congress1onal elections m Ch1:-~pas. 1ts Although the cease-fire has been temporarily re-estabhshed in Chiapas. the state remains extremely tense. Indigenous organiz(ltlons report that the so-called "white g1tards." paramilitary forces emplo)'ed b)' large landowners. have :&ctcd wuh lncre-asing violence and aggress1on throughout the stote. The General Council of Pluriethntc Autonomous Areas made the folloWlng call for help 111 thttr 13SI press release: Under thtSC conditiOns. \\t a~ callmg ou110 1hc res1 of the worfd 10 rurn 1hetr eyes 1oward Oua,.,s. \Vt art in n<ed of dislrlbulion of information to national and lnctrarrival. national spheres: fntcrmJtional observers; letters to ll1e Mt.dcan government; flmmGeneralized Repression occupied in the region. cial assistance; huenwtional organizing In launching the offensive. the and prousrs. pt~rlicularfy in Jronl of Indigenous Organizing: "You Mexican embassies cmd consulates; and Mexican go"ernmcnt declared its intention to arrest a hst of o~r 2. 000 indi- are not alone" cara•·ans. We are also askingfor supp<lrt in "duals partlcipaung m the Sl3te's social O"er 1.000 Indigenous representa- Lhe legal recognilion of 1he au1onomous mo\'tments The offices or CON PAZ. the ti~cs from throughout the country met regions. Otrr 1nrenricn Is 10 s1reng1hen 1he largest human rights orgamzation in m Guerrero stat< from Dec. 16-18 to S<lltdan1y b<111etn all opprmtd people. in Ch1apas. wc:re looted b)' the military on form the Nauonal Indigenous rh< mtdsr of a cruoal momcnl 1n 1ht srrugFeb. 10. The General Council of Con,·enuon (CNI). The CNI dcclarc:d. ~c for Lhe ltbtralwn of lhc lndrgcnous pc<>Plunethmc Autonomous Areas. the ~Ve: take as our own the J 3 positions of plc of Ouapas. swept IntO the Z.1patoSI3 copital of San Pedro de Mtchoacan. Residents of this and other cornmunu1es in Zap;uista territory Oed their houses before the arm)'S Jl />J)ya Yala News �HUMAN R I GHTS Brazil: Crimes Against Indians Go Unpunished he killings and massacres off Indigenous people in Brazil. which continue with impunity, confirm that it is not enough to replace judges. or make the democratic system more transparent-both of which are nccess.1ry changes. Rather. the problem T this crime has been poStponed repeated· ly due to interminable confusion over which branch of justice has jurisdiction. Finally a trial date was set for Dec. 12, Celestino (who had been removed from but was postponed once again just one landlord who claims to own the land. Immediately after this event, a ta..xi arrived coming from the direction of week before that date. office owing to his ties with local land· lords) was taking photographs of houses and people in the area on behalf of a Assassination of Guarani which is controlled by and for the rich . Leader Marcial de Souza The acquittal of ex-president Fernando Tupa-i Palmeras dos Indios. It was driven by Collor by the Supreme Federal Tribunal-in addition to causing indigna· tion throughout the country-has shown that Brazilian juStice is a justice based on class. Cases such as that of Manuel the chief and those who tried to help him. For another half hour. they contin- lies in the nature of the Brazilian state. Lucendo da Silva show how Brazil's justice system works. Manuel lucindo, a comracwr for rubber tapping. com- manded the 1963 massacre of O ro-win Indians in the Southern region of Rondonia. He was finally convicted, over thiny years later. in May of 1994. He was sentenced to 15 years in jail. but remained at liberty until his appeal could be heard. He died before this ever took place. Ironically. this was th e first conviction ever in Brazilian history for the crime of genocide. The likuna Massacre One of Brazils best-known Indian leaders. the Guarani activist Marcial de Souza Tupa-i was murdered in 1982. Libero Monteiro. a powerful landowner and leader of the rightist URD party is widely known to have ordered the assassination. At his trial in Mato Grosso du Sol. in March of 1993. over 300 civil. federal and military police were required to protect the proceedings. Throughout the trial. Monteiro displayed an arrogance suggesting that he knew he would be acquitted. Maucir Pauletti. legaladvi· sor to C 1 (the lndianist Missionary MI Council). · the trial was full of irregularities and negligence. It was a festival of Luiz Ferreira da Silva and the passenger Luis Quijciro shot from inside the car at ued to shoot and insult the community in an attempt to Start a larger confronta· tion . The accused men admitted committing the murder on Nov. 17. but claimed to be acting in self-defense. The murder stems from attempts by the Xukuru-Kariri 10 recover their lands. In August. Luzanel Ricardo had panici· pated in the occupation of two farms located within the traditional territory of the Xukuru· Kariri. local fam1ers have been spreading a campaign to defame disappearances of evidence essential for convicting the guilty.· Montiero was. in fact, acquitted. the victims. The atmosphere in Palmcirn dos l'nclios is one very tense. and in view of the threats made against the Indian leaders. the surviving witnesses of this crime arc in danger. Government Xukuru-Kariri Chief Murdered officials have refused to pro,"de protcc· tion either for the community as a whole At dusk on Nov. 14. 1994. Luzanel Ricardo da Silva. the Chief of the or of the witnesses. is another example of how Brazilian justice works when the victims arc Indians or common people. Seven years ago. Xukuru·Kariri communily at Fazenda Canto was bn•tally murdered by a group Please write letters dtmanding proru tion for Indian communititS being threatened, and an immediate and fair bi\'CStigarion of these crimes to: The "Massacre of lgarape Capacete" fourteen Tikuna Indians were murdered in the community or San leopoldo in the state of Amazonas. Their massacre was organized by a logger named Castelo Branco who at the time was living illegally on their lands. Branco continues to live in liberty less than 15 miles from the Tikuna community in the city of San Antonio do lea. Hi.s twelve alleged accomplices also remain free due to a writ of Habeas Corpus.The trial for Vol. 8 No. 4 of anned men who had entered the Indian Area. According to witnesses. after shooting the chief through the neck. the murderers subjected him to three further shots and various kicks Arromey Coneral of"" Republic and blows. Two other Indians were also Dr. Aristfdes )unqut:fra Ah·arcnga, Mfnlsr<'rlo Pllbllco Federal, SCAS Q 603. wounded in the incident. The incident occurred less than an hour after a dis· lore 2.3, 70200-901 Brasilia OF. Fax: 0055 61 313·5197 agreement had taken place between the members of the Indian community and former chief Manoel Celestino. lrifomwclon from Portantitl and CIMI Omliardst Missionary Council). 33 �HUMAN R IGHTS an anddinuc · amparo· (or tmmunity from proseeuuon) m September by Federal jusucc A\'ehna Morales Guzman of the third district, Chihuahua, despuc sixty-three out· standing federal and Slate indictments. At one a.m on Dec. 5. a group of masked. armed men forced their way imo Gerardo Estrada's house and forcibl)' abducted hun. Despuc all attempts to locate hun. his whereabouts general':; office and former National remain unknown. Ills ..dis.1ppcarance"' has been denounced to 1hc N"'ional liuman Rights Omsbudsman's office lndigcnista Institute employees indicate and to the 1 mcnor Minister. :.nd a writ 1hat no less than thnty se\'en people ha\'C been k1lled by Fontes' associates O\'er the past three years. of habeas corpus was presented on his behalf. Gerardo Estrad3 •s a member of the gowmmg commmee of the lnd•genous Authoriues of Colomb•a mo\'emem, and had recently been eleeted to the depanmcnfs mumopal assembl)~ In common wuh other lndt:tn communmts. the Indians m the P:ts1o rtg1on .-are working Docurnents obutlned from dte auorney For more informatr.on. contacl Randall Cmgncll. f<l,ac GuanlwiiS. S:c"a Madre PT<>gram Dl'<<IOr Ttl/fAX (602)-J26-2SII, cmad· ~< ap< OIJ Nicaragua: Recontras Massacre M iskitu s Mexico: Sierra Madre Appeal he Consejo Asesor Sierra Madre (CIISMAC) nnd Indigenous com- T throughout the Chihuahua muniucs Mountains have requested urgent internauonal suppon 10 their demands for peace and JUSIICC m multiple 3SS3SSin.•· uons and o1her brutal abuses of lnd.genous T.•rahumara, Tepehuan. and envnonmental lt3dtrs an nonhem Mtx1coS S1err.a Macht mountain range. In a lcner to Mexican President Ernesto Zcdtllo. CASMAC describes mcrcascd VIOlence against Indigenous leadtrs and environmentaliStS in the Sierra Madre of Ch•huahua. Drug traJ- to reco,·cr thc1r tmduton31 l:lnds. ln the process. they have come •mo conflict t least 20 Miskuu Indians were killed In Nov. when I 00 recomrns attacked 1he villnges of Nueva Esperanza \\i th local landowners who, wnh the cooperation of military and p.•ramilltary A and Kantawas in the area of S:ln Andres de Bocay. The rccontras may be part of a group 1hat broke away from the Frcme None 3-80. the last rccontm group to diS.1m'l. Army Cap1 Mthon S.•ndo\'al satd 1he rccomrns were mOSt hkely lookmg for boots or food Sand0\'31 sa•d several hundred army troops had been deployed. but could not rexh the area because of lack of ro.1ds and hea'1' rains. ities have reportedly rdused to investi· gate the nuyonty of these cases and federal in,'Csugauons h3\'C been hindered by dl\·ers•on of resources to o1her priorIties and b)• corrupuon m the judicial system tlccordmg to the federal auorOC)' gencr.1l, ont of the most violent cac1qu~. Anemto Fontes, was granttd 34 body of regional Indigenous leader, Laureano lnampuc was found two da)'S after his abducuon by men who stated that they were sent by the local mtlnary commander. Pkasc send ltutrs orJa.'(ts txprtsStng conct'm for cl-.t saftty cf lnd~<>>OI" ka<kr Gerardo Estrada and urgtng that all posstbl< mtasu<n be token to prot«t th< ""' of lndW"""' lcadtrs 111 the context of rtunt k1lltngs, to: From; \\'cckly News Updarr on rht Amtrilas.. Senor p,n;fdcmt Erntsto Sclmptr Pftano, nckers working with local caciques (I>Ohtical bosses) are re1>0nedly responsible for many :\SS.'\SSin:nions, beatings and other :.tcts of violence. State author- forces. h:wc commmcd hum:m rights violations against them. In May. the Colombia: Indigenous Leader Disappeared rmed men abducted Indigenous lender Gerardo Estrada from his home '" the Tuquerres municipality Narino dep.•nmem on Dec. 5. His whertabouts ;1.rt: not known and there is senous concern for h1s s.•fety, espec&ally as lnd1genous leaders abducted under Slm1lar carcumstances h.:we oftt:n bttn lolled. A Pr(sidtntt dt Ia Rtpublfca. Palacio (It Nariflo, Santa/< de Bogota, Coloml>ia. l'a.<: 011 57 I 286 7iW287 7939. With copft.s to: Antb<a!adcr Gobritl Silva. Embassy of Cclombia. 21181.truy Pl. NIV. 1\'cuhlngton, IX 20008. and CINEP. M 2$916, Bog<>ta, Col<>mbta. from tilt U~i<nt t\chOfl PT<>gram Of[&«. l>bya Yala News �ORGANIZATION --------------------~~~~~~ Coalition in Support of Indigenous Peoples and Their Environment Founded Indigenous organizations. Participants discussed the struggle for autonomy and self-determination. how to create mech· anisms to assure respect for Indigenous he Coalition in SuppOTI or Amazonian Peoples and Their rights, and how to strengthen access to decision-making on Environment opened an o£fice in government T Washington DC in Nov. 1994 10 improve communication and coordination among US-based NGOs working with Amazonian peoples. The Coalition Indigenous peoples of the Amazon and the future of the Amazon and its peo- ples. Coalition Members suppon Indigenous territorial rights and sustain- able development alternatives. and share II will be as successful and relevant as they. the slations, collectively make it," American Indian Satellite Network Makes History or the first time, Native-owned and F public radio stations across the country have access to regular programming for and about Native Americans, dramas. documentaries. literature. self· Amazon. discuss current issues. and help programs and heritage pieces. all develop related to Native Americans. Free trade and The AIROS network, initially funded by the Corporation for Public Development. Broadcasting. is developing and estab· lntellcciUal Property RightS. the Timber Industry. At prcscm the Coalition has three working groups: U.S. Policy and Human RightS. Defense of Territories, fishing what will eventually be a 24- and Financial Resources. h is helping lO coordinate a number of campaigns such as the Ecuador oil campaign. In an effort to promote communications among interested organizations. the Co.1.lition distributes a monthly Ama:e:on Update with news from Coalition members. For more information, pl(ase corllatl: Coalition Coordinalor Melina Seh·erston. 1511 I( St. NIV Suite 10i4, 1\~ ington. DC 20005. Tei:C/02) 637-9718.fax:CI02)637- Manager. "'\Ve're working closely with the lribal stations to determine programming needs and to address those needs age and facilitate their own production of these programs. This is their network. Forum for NGO's to meet. receive guid- Topics at next year's forum (May 10-12 1995 in Washington. DC) will include: funds." says Susan Braine, AI!_\OS rerence was tO develop clear definitions or autonomy and selr-determination. ance from Indigenous leaders or the political action strategies. most of whom operate on inadequate through the radio programs that AIROS is able 10 acquire. Our goal is 10 encour- thanks 10 the new AIROS (American Indian Radio on Satellite) network. Since Oct. 31. this history-making ser' 'ice has offered a daily one-hour feed of the belief that people are an integral part or the ecosyslem. The Coalition will hold an annual COMMUNICATION Indigenous rights. The intent of the con- was born from an alliance between groups and individuals concerned wilh AND hour distribution system or radio pro· gramming by. for and about Native Braine said. AIROS also has plans 10 acquire ponable uplinks in order 10 broadcast conrerences. powwows. and other cultural events from reservations. This would allow tribes 10 share limited resources while learning rrom each other. For more information on the AIROS schedule. contact your local public or Native-owned radio station. Stations interested in becoming affiliated with AlROS should contact Susan Brnine at 402-472-0484. Internet for Native Peoples Conference I ndigenous activists from throughout California gathered at U.C. Berkeley Americans. The AIROS feed includes a on Nov. 19 to learn new techniques and discuss the opportunities ror network- storytelling series, interviews with vari· ous Native American personalities, his- mation highway. Marc Becker led a torical specials and a multi-pan series on breaking the cycle of child abuse. as well as a variety or other spe<ials and series. Nativ( America Calli11g will premiere at the end of February as a daily, hour-long. live call-in talk show rocusing on currem issues and topics affecting Native Americans. AIROS links most of the 25 tribal stations located in Native cornmunities in 10 states. many on reservations where radio is the sole telecommunicatior~s ing and alliance building on the inforworkshop using the Mosaic program 10 explore the Internet. This prompted both ideas and concerns about using the Internet as a tool for furthering the causes of Indigenous peoples world wide. Discussion that followed pointed 10 the demand for a larger and more in·depth conrerence in the future. Many who attended questioned the use or this technology for people living on rcscn'lltions Self-determination Seminar in Mexico service. AIROS directors see the net- and other third-world conditions who might not have access to telephone lines or even electricity. work as a first-step toward an ambitious If you have aCU$$ lo a tomputer and modem, T was organized by the Colegio de Mexico goal: building and linking stations on the 250 Indian reservations in the United States. ·our greatest challenge is under the direction of Rudolfo Stavenhagen and hosted by Oaxacan in obtaining Native comem programs. particularly from the Native stations. you mighl be interested in the following lists relat(d to Indigenous isst(r.s: Indigenous Knowledge, Native Net listurv@contcll.edu, Chicle. Muju t-liscproc@lmrinct.gsc.ucsb.t(lu, Rata Net. 97l9. tmail: ama;z:on,oal@ig,.apc.0'8· he Second Seminar on Self-determination in Mexico held on jan. 20-21 Vol. 8 No.4 35 �ORGAtiiZATIOtl AtiD Expanding Indigenous Journalism in·Central America COMMUtiiCATIOtl of trust responstbthlles. h established a S 17 mtlhon trust fund to set up a system ndtgenous le~ders met in El Sah"3dor or bnd m~nagement tO rehabilitate and from Nov. 11 -13 for the second conserve Zuni's land ond natural Centml Amcnc:m plannmg meeting for resources. Also mcluded in the Act are 1hc International Indigenous Decade. provisions to provide training of Zunis According to 1hc IPS news service. rep· to fill professional positions. the buildresent~uves focused on plans to boost ing of geographie Information systems. Indian news mccli:t in the region. and elabomuon of a resource developNlcamguan Indigenous le~dcr Mirna merll pion. Cunnlnghan ponned to a pilot project lntcllectuol Property Rights is one of beang camed out tn Nicaragua with the proJectS pnnc1pal concerns. Zuni are radto and the pr<ss whtch could be ben- m the process of dcfamng for themseh·es <ftctal for the d<>·elopment of what Zum mtcllcctual propeny ts and lndtgt"noUS medta tn Central AmeriC3. what type of "protccuon" they would She mformed IPS that the training of like to sec for thts propeny. Traditional lndtgenous JOUm~hSIS and professionals seeds. for example. nud to be proteCt· ..,s alre.1d)• h~ppenmg tn the region. ed , but c~nnot be used-even by although at modest le\·els," and added Zums-for commerctal purposes. Sacred that the upgmdtng of extstmg programs sues. rchg10us anafae~s, traditional an is bemg sought. styles. longuage. rchgtous ceremonies. Adrian Esquino Lisco, head of the songs. and medicinal plants are other N:\tionnl Indigenous Associ:uion, stated types of · property" considered for prolhtn they were thinking of starting an tection. Indigenous radio station. although they A related yet separate issue is <hat lacked information on the current situa· or cultural preservation. Many or uon. Rigobcna Menchu, who was also Zuni's tradiuons have endured the past present at the meeung. pledged the sup- 500 years. Zum conunue to prnctice port of the Vicente Menchu Foundation rehg1ous and culturnl trnditions that m undenakmg a study of the aetual sit· origtnated thous.•nds of years ago. The uauon and needs of lndtgt"nous commu- past 50 yeors, however. have brought nmes 1n Guatemala, Honduras. about raptd ch•nges m demographtcs Karagua and the southern Mexican and hfestylt. The Conservouon proJect state of Chtapas. holds that much of the damoge to Zuni lands resulted from the breaking of Zuni Conservation Project tradtuonal forms or land management. and knows that tradttional me<hods Pushes Sustainable MC much n\ore suswinnble. and stri\'CS Development he Zuni Tribe located in wcst-cen- to incorpomte and rej\1\'Cnate the use tml New Mexico formed the Zuni of traditional < ethnologies and pracConservation ProJeCt in 199 1 to serve as tices into natur:1l resource use plan· their dcp.1runem of natural resources. ning. The Zum community has approximately By the end of 1993. the Zuni 9,000 people. In 1990, passage of <he Conservation ProJCCt completed • plan the Zum Conservation Act enabled of acuon for susto•nablc development bunchtng of the proJect. The Act ""' -the Zunt Resource Dt•·elopment Plan. passed < end many yeors of litiga<ion This plan follows the format of the UN'S o agatnst the US Government for damagt" Agt"nda 21 document, m semng guideto Zum lands and from m1smanagemem lanes. goals. and acuon objeCll\'CS for I T 36 Zum on tssucs concemmg n3tUr.1:1 resources. Stgmficantly. the plan uses Zum rehgtous and cultural values as the basis for dettSton-makmg. This approach to development has ah·ead)• brough1 a great deal of success to the projec< and to Zuni. The project now employs 60 peOJ>Ic, 59 of which arc Zuni . lmplcmcnt~'tlon of the phm is in its first year and watershed rehabilitation has already begun. Tradnional agri· culture lS makmg a comeb.1ek and traditional technology for eroslon control is bemg mcorporatcd mto the rehobtlilo· tion work. lndagenous communities antemauonally ha,·c shO'\\-n Interest in the proJeCt's approach to communtty· based development Tribal Sovereignty: Back to the Future? his sympOSIUm on the rights and Status of Indigenous people was sponsored by the St. Thomas University. its Human Rights lnsthute, its law school, and the Oklahoma City T Universuy N:uwe American Legal Resource Center. It took place m Mtami, Florida on D<c. I and 2.Tht conference. addressed tSSU<S of lndtan culture and spirituaht)' as well as cla•ms of trilxtl 50\'tretgnt)' and cnucal •ssues of federal Indian law. and was dts:agned to create a launchmg pad for ongomg research and analysts. The conference featured a broad array of subJeCt mauer and expert speakers from Brazil to Alaska. P:tpers from the conference and highlights of the discussions will be published in a special Spring 1995 Issue of the Sr. Thomas Law Rtvlew. For mort tnformatto11; Projt=r S.tgfricd IV!t>sncr. Clwtr. S.ctnng C....mttte< Tnbal $o\tr<ignly S)'""""""'· S<. Tlw>m4S Unnt..,ty SeMel of Uzw. 16i00 N.\1! J2nd A>t Mwmr, flonda 330$4. Td: OOS) 623-230$. Fax OOS) 623-2390 ~· Yala News �_ _ __; O N T I N U E 0 C_:"-'- Biodiversity, Community Integrity a nd the Second Colonialist Wave Guatemala Peace Talks < Continued from pg.12) <Continued from pg. 26) might be desirable. but the prime desire for Indigenous peoples was an IPR regime that suppons their right to say '"NO~ to privatization and commercial· ization. Indigenous delegates meeting in Rio de Janeiro released the Kari-Oca Declaration and /n<ligenous Peoples" Earth Oumer. Clause 95 States that "Indigenous to discuss the evolving IPR debate. During the 1993 UN Year for the World~ Indigenous Peoples. intellectual and cultural property rightS were on the agenda of nearly every major Indigenous encounter. ator to work with both panics. On january 4. 1995, Siglo Veillliuno reported that President Ramiro de Leon plans to sign a peace agreement on February 24. The more direct intervention of the UN Secretary General One of the most lacking areas of IPR appears to be producing results, but it research is that of non-western IPR regimes. Up to now. the debate has cen· tered around UN and \Vestern concepts remains to be seen. h is interesting to note that neither aged." but warns in Clause 99 that ·u surping of traditional medicines and knowledge from Indigenous peoples should be considered a crime againSt peoples." Clause 102 of the Kari-O<:a Declarmion is e.xplicit about indigenous peoples" concern on IPR issues: As creators & carriers of civili~ations which have given & conrimu: ro shatt knowledge, experience & values with humanity, we tequi~ that our rig'u to in tel· of intellectual and genetic property. But what abour the property regimes of Indigenous peoples themselves? A syn- clearly presented its respective position to the Maya connnunity or to the thesis and analysis of non-\oVesu~m sys· seem to have used 1he Maya community as a pretext to drag out the process toward a peace that didn't suit either one. In times or peace, you cannot jus~ tify the existence of a repressive military. nor or a radical guerrilla movement. That is why we must continue to lectual & culrural properries be guarmueed 6- that tilt mechanism for each implemen· tat ion be in favor of our peoples & srudied in depth & imt>ltmented. This rc:spect must include the 1ight O\'er ger~etic resources, gene banks, biotechnology & knowledge of biodi"ersity programs. and concepu.utl frameworks: Indigenous Since the Earth Summit. dozens of conferences, seminars and workshops have been held by Indigenous peoples many differem ways. define Traditional wisdom musl be recognized and cncour· Vol. 8 No.4 tems would be very helpful in finding creati\'e solutions to IPR protection. Conclusion It is fundamental that IPR/TRR should not be used simply to reduce tra- ditional knowledge into ¥/estern legal legal systems and concepts of property rights should guide the debate. The role of scientists, scholars and lawyers should be to provide information and ideas; it will be Indigenous and traditional peoples themselves who will. in Resource Rights through practice and experimentation. the Government nor the URNG has Gu3lemalan populace. Each or the tWO reassert the final words of Se<:retary General Ghali: ·The panicipants in the Guatemalan peace process must renew their commitment to a dynamic negota· tion that provides clear direction towards a quick and just resolution lO the conflict." Along with Mr. Ghali. the Maya. the principal-and numerous-vic· tims of this conflict, request " just reso· a lution· for themselves. for their children and for Guatemala. 37 �Calendar of Events Feb. 6-12 April 26-28 World Conference on Social Security Strength in Diversity-1995 Global Cultural Diversity Conference The International Working Group on Indigenous Affairs will spon. sor this conference in Copenhagen, Denmark. Many Indigenous organi?..ations will be represented there. Contact: IVv'GIA Secretariate, Fiolstrade 10. DK-1171 Copenhagen, Dcnm>rk. Tel' (45) 33 124724 Fa" (45) 33 147749 Tills conference is sponsored by the Australian government, and wUI be held In Sydney, Australia. March 23-27 Feb. 18-19 Western Shoshone Defense Project Spring Gathering Seminar on the Human Genome Diversity Project Supporters of the Western Shoshone struggle for sovreignty are Invited to the Dann ~nch in Cre~nt Valley, Nevada for this annual gathering. T<l: (702) 468-0230 Fo" (702) 468·0237 n~e En'owkin Center in British Colombia, Canada 1$ organizing this event, which will be hosted by ionauerra in Photnix, AZ. Contact: Jeannette Armstrong or Debra Barry Tel: (604) 4937181 Fo"' (604) 4935302 or Tonolicrro' (602) 254530 Fa" (602) 2526094 Feb. 22 to March 2 Seminar: "503 Years of Denied Rights" This S<'minar is being organizd by the Center for DocumentaUon of Ethnic Groups h\ Fiorcz\ZC, Ualy. Contact: VIlla fabrlcotti, VIa. VJctorio Emm:mucllc 64, Fiotcnzc 50134, ltoly. Tci/Fo" 55 4S8600. May 26-29 Medicinal Plants: A Useful Link between Traditional and Modern Medicine Thls conference will be held in Machu Pichu, Peru under the sponsorship of the Na.Uona.l lnstitute for Traditional Medicine (lNMt'I'RA). Contact: INMETRA Tel: 2.24544· 234402 Fax: 0051 14· 234544. Feb 24-27 Asian Regional Consultation on the Conservation and Protection of lndigneous Knowledge This meeting will be held in Sabah, Malaysia under the spon- shorshlp of the UN Development Progr~m. Feb 24-26 Second Conference of Indigenous Peoples of Mexico Indigenous organi1.ations participating in the National Oemoaatic ConvenHon will meet in juc-hitan, Oaxac-a. Expecting 400 Indigenous delegates from au over Mexico. It w'Hilx' honed by the Coalicion Obrera, Campcnslna, Estudlantll del lztmo COCEI Leopolod Gives s/n juchitan, Oaxaca Mextco April Human Genome Diversity Project This meeting l.s bdng organized by UNESCO ;md will take place in Paris. 38 · I'Jyya Yala News �SA I I C you have p robably heard, SAIIC has moved to a n ew office pace on the third Ooor o f 1714 Franklin. also in downtown Oakland. \V inaugurated the new office on Dec. e 16 . Among the many visitors were Mapuche representatives from the Ccnsejo de Todas las Tierras in Chile. These representatives did several presentation s in the area relating to NAFTA, where they expressed their opposition tO the free trade agreement wh ich will negati\'ely affect the land and natural resources in their territory. They were enthusiastically received in the San Francisco Bay Area and are planning fmure tours of the US. In October, we were honored to have a visit from the Quichua leader Luis Macas. Presid ent o f CONAIE, the national Ind igenous organization in Ecuador. He was anending a conference of Goldman Environmental Prize winners, and took this o pportunity to make several presentations to large audiences at UC Berkeley. Board member Guillermo Delgado debated Indigenous issues in the National Association of Anthropologists meeting that took place in Atla nta. GA. Board member Alejandro Argumed o panicipated in the Ccnference of the Panies to the Convention on Biological Diversity in the Bahamas in Nov. and Dec. and lobbied for provisions to pro· teet Indigenous biocultural resources. ~1 . 8No. 4 The Abya Y Fund. a newly founded ala Indigenous foundation . is also taking off, and will be sharing SAIIC'sexpa nded office space until it fi nds ils own locmion . Kimberly Rosa . Development and Administrative Coordin:uor fo r the last two and half years has left SAIIC to help stan a community tnediation program in San Lu is Obispo county, where she moved in the middle of December. Kim will be in contact with SAllC until her replacement is oriented to the work. Kim has been of tremendous value in building SAI ICs administrative and fi nancial capacity. and we will miss her presence in the office. In other major staff changes, SAIIC is p leased to announce that Leticia Valdez has been h ired for the position of administrative coordinator. Cons tanza Castro and David Tecklin wh o have managed jour· nal production for the last year a nd a half will be turning the role of coordina· t ion over to Rcynaldo Vasque z. Al fon so Jaramillo who designed Abya Yala News' current fonnat and has produced last years editions will also be leaving this work. SAliC cominues to move forward with efforts to use computer netwo rks to advance its work. Ma rc Becker. who continues as communications coordinator. has helped establish an electronic confe rence on PeaceNet called saiic.indigo, and has facili tated board members commu nication th rough email. As a reminder to SAIIC suppon· ers who have an email account but are not on PeaceNet, you can receive copies of postings to this conference by send· ing a note which simply says, "s ubseribe saiic-1" to majordomo@igc.apc.o rg. Either read saiic.indio on PeaceNet o r subscribe to saiic-1 in order to receive urgem action alerts and other n ews fro m SAil C. lf you have questions about how to access this info nnation. please contact Marc at the SAIIC ofr.ce. Email users can a lso retrieve an electronic copy of SAIICs brochure which describes our work by sending a blanck email note to saiic-info@igc.apc.org. If you use gopher. you can fi nd a copy of (his brochu re: • • • . Finally. SAIIC has also established its p re.s ence on 1he Internet in the form of a World -Wide Web Home Page. Use your WWW b rowsers (such as Lynx, Netscape, or Mosaic) to a c c e s s http://igc.apc.org"saiidsaiic .html. SAIIC continues to seek to broaden the base of subscribers to Abya Yala News. Please help us by asking your friends to subscribe. In addition. we urge you to clip the Library Recommendation Form below and submil it to your local public or university library. This is a highly effective manner o f spreading Indigenous perspectives more widely. 39 �ITEMS AVAILABLE FROM SAIIC Daughters of Abya Yata Video: Rebuilding Our Communities Testimonies of Indian women orga nizing throughout the Continent. Statements from grassroots Indian Indigenous leaders from Central and South America discuss the 500-years campaign. which began as an Indian response to the women leaders from South and logue among indigenous activists. Produced by SAIIC. S18 + S1.75 shipping. 4 Meso America. Includes re,solutions from Indigenous women's meetings, a directory of Indian women'"s organizations and key contacts, informa. tion on Indian women's projects, and poems by Indian women. FOtty-eight pages with beautiful black and white photographs. Printed on recycled paper. S6 + S1.50 shipping. An updated, bound edition is also available for SS + S1.50 shipping. Video: A Skirt Full of Butterflies Quincentenary celebration and has developed as an ongoing dia- Amazonia: Voices from the Rainforest A resource and action guide with a comprehensive listing of international rainforest and Amazonian Indian organizatiions sponsored by SAIIC and the International Rivers Network, and published by Rainforest Action Network and Amazonia Film Project, 1990. Available in Spanish or English for S4.50 + $1.75 shipping. 1 S minutes. A love poem to the Isthmus Zapotec women of south· ern Oaxaca, Mexico, by filmmakers E llen Osborne and Maureen Gosling. For every purchase made. a second copy will be sent to an Indigenous women's organization as a gift. S19.95 + S3 shipping. Video: Columbus Didn't Discover Us Native people's perspectives on the Columbus Quin<:entennial based on the footage of the 1990 Qu~o Conferonce. 24 minutes. A co-produc. tion of SAIIC, CONAJE, ONIC and Tuming Tide Productions. Available in Spani$h 0< English. $19.95 + S1.75 for shipping & handling. 1992 International Directory & Resource Guide An annotated directory of over 600 international organizations that participated in 500 Years of Resistance projects. Includes declarations from Indigenous conferences and organizations and information on cuuiculum resources_, speakers bureaus, computer networks, audioNi.sual resources and print resources. SS + S 1.75 shipping. South and Meso American Indian Rights Center (SAil C) P.O. Box 28703, Oakland, CA 94604 Non-pr ofit Organization US Postage PAID Oakland,CA Permit No. 79 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Language A language of the resource English Zotero Abstract Note Entire Issue Issue 4 Language English Pages 1-40 Publication Title SAIIC Newsletter Volume 8 https://www.abyayalanews.org/files/original/4a8ab078bc556af5ec15f82ed169ab64.pdf 9b336152c9877ef041fcbeb59da1134a PDF Text Text I N B R I E F_ _ ,_,_ Indian Communities Trapped by Ecuador-Peru Border Conflict fighting erupted between the Peruvian and Ecuadorian armies in a disputed Amazon border region ~long the Cenepa River valley on jan. 26. What looked at first like an isolated border skirmish has escalated into an intense conOict F At a press conference concluding their visit. the commission announced that the govemment could St<tnd in \'io1ation of the right to life and well·being as a result of oil pollution in the Amazon. t\ final repon on the visit has yet to be released. For more info,.matwn. coruacr: with at leasl 47 dead and 94 wounded combatants. The Sierra Qub l..tgal Dtj01S< Fund. /80 Montgomery St.. Suire HOO. S<ln Confederation of Indigenous Nationalities of Ecuador (CONAIE) demanded a cease fire on Jan. 3 1. stating that. "'more than 300 communities a.re located in the zone of mili· FranclS<o, CA 9410-1, (415) 627·6700. FGX: (-liS) 62i·6i40, email: scldjsj@igc.copc.org. tary connic.t, these Indigenous cornmunilies that have nol Peruvian Indian Communities File Suit Against Texaco n December 29. a class action la,vsuit \I/3S filed in feder- been auended by either the government of Peru or of Ecuador". An unknown number of Indian residents of the region have been displaced from their communities. despite calls by CONAIE for the governments to respect the lives and territo· ry of Indigenous peoples. The war is reportedly costing each side overS 10 million a day. and has heated up with bombings on each side of the border and the downing of several Peruvian planes and a helicopter. Ecuador accepted a CCtlSC· fire mediation offer from former US president Jimmy C:mer and former COSta Rica president Oscar Arias. but Pcno declined to comment on the offer. OAS Commission Investigates Ecuadorian Human Rights Violations or yem'S. Indigenous organizations in the Ecuadorian Fmassive oilh•we suffered hum-an rightsb}'violations asmultina· Amazon a resuh or dC\'Cloptnem carried US-based OUl tiona! corporations and the Ecuadorian government within their territories. The struggle to resolve these problems hit a turning point on Nov. 7 when the Org...'\nit3tion of American Sunes· spe(:ial commission on hun'la.n rights arrh•ed in Ecuador to investigate human rights abuses in that country. Although the commission framed its visit as a general investigation of the human rights situation in Ecuador. the impact of oil development on Indigenous peoples was one of O al coun in New York on behalf of 20.000 Indigenous people !hong on and around the Napo River in the nonheast Peruvian Amazon. The suit charges that mismanaged Texaco activities within Ecuador, along the upper ~ches or the Napo River, caused severe damage to the lnditms' w3y of life in Peru- damage due to the release of huge amoums of toxic chemicals. and to repeated oil spills. This case follows a ground-breaking victory by Ecuadorian Indian organizations in the spring of 1994, when a New York coun held that Texaco could be held liable in US couns for their actions in Ecuador. The Peruvian suit charges Lhat ··texaco deliberately ignored reasonable and S<lfe practices and treated the pristine Amazon roin forest ... :md its people as a toxic waste dump... lt runhcr contends that over 400 flawed well sites were built. despite Texaco's full knowledge that they would ·rcsuh in SC\'Cre spills and environmental damages. The Ecuadorian governmem estimates that Texaco spilled 16.8 million gallotlS of crude oil and oil residues in its Amazonian provinces. with an unknov.m portion winding up downriver in Peru. As recently as J992. the Peruvian Rio Napo ran black with crude that had been released upstream . Irifonnati(}l1 I'YOYid<d by Edwatd f-lmnmcml.. two topics the Commission actually in\'cstigated (the other bemg the treatment of prisoners) . Half of the Commissions delegation traveled to the Oriente region. where they met with representatives from grassroots organizations and leaders or Lhe eoran and Siona·Secora tthnic groups. Commission members were appalled at Lhe impact of Texaco oil develop· ment on the envir onment. The Commission also mt:l with a Huaorani community from the Napo region who reponed on .J>ollution and the encroachment of colonists in their territory. In addition to meeting with state authorities, the Commission consulted environmental. human rights, and Indigenous organizations. including representatives from: CONAl E. CONFENIAE. COICA. ECUARUNARI, FICI, FOIN, and OINt\E. 4 Brazilian Senate Proposes Law Threatening Land Demarcation he Brazilian Stn..1te 3pproved a bill 3imed at eventually reducing existing 1ndian Areas within frontier zones. nnd T complicating the process of rmure demarcations. 10 become law. this bill will have to be approved by the Chamber of Deputies and the President of Lhe Republic. If approved. the btl! will put the already demarcated Yanomami Indian Area. located along the Venezuelan border, at risk of being reduced. The bill threatens not only the Yanomami. but would be a blow to all Indian peoples in Brazil. It is supported by CCO· nomic groups with a \'CSted intcr~t in exploiting the natural resources within the Indian Areas. as wen as cenain sectors or Abya Ya~ News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indian Communities Trapped by Ecuador-Peru Border Conflict Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Indian Communities Trapped by Ecuador-Peru Border Conflict Item Type Journal Article Volume 8 Issue 4 Pages 4 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note More than 300 indigenous communities have been affected by military conflict taking place along the Peruvian-Ecuadorian border. Attachment Title Indian_communities_trapped_by.pdf Attachment URL [No URL] CONAIE Conflict Ecuador Peru https://www.abyayalanews.org/files/original/36bf24263e51ae06f15c0b04cc032a73.pdf b384c34df21fa5cdb3b9f67ccb59659f PDF Text Text HUMAN --- - R IGHTS At on• a.m on Dtc. S. 3 group of from prosecuuoll) 111 Septtmber b)' masked. anned men forced thctr way Federal Justlet Avchna Mor:1les into Gernrdo Estrada~ house and Guzman of the thtrd distnct, forcibly abduct<d hom. Despnc all Ch1huohun. despite sixty-three out· ouempts to locate hom, his whereabouts Slnndmg fedeml and state indiCtments. remam unknown. Ills ~dls..'lppearnnce.. Documents obt:uned fro1n che auorney has been denounced tO the National : gcncrnl~ office and former National Human Rights OrnsbudsmnnS office lndigemst3 lnsmute employees indicate and to the Jn1Cr1or MllllSitr, and a writ that no less than thtrty SC\'en people or hnbtas corpus \W$ presented on hiS ha-"' been killed by Fontes' :ISSOCi:ltes behalf Gerardo Estrada IS a member of the O\'Cr the past three years. goverrung commlllCC Of the JndtgtnOUS Authontits of Colombl3 mo-·emem. and For """' lliformar""'- ( OfttCI(t· Randall Gir.gndl, ~<S< GIIGtdWil<, .)l<n'CI M<r<IJ< had n:eently been elected to the depanl'>ogram Dtr<aor ttl/FAX· (602}-.J26-2.511. mcm's mun10pal assembly In common \\1lh other lndtan c:ommumues.. the arnnl· ..U...."""g' op<.Otg lnd1ans 111 the rn.to regton >rt work1ng Nicaragua: Recontras 10 reco'·er th<tr trnduoonallands In the process, they ha"c come mto conflict Massacre Miskitu s t lci\St 20 Miskuu lnd1ans were ""th local landowners who. ""'h the kolled In Nov. when I00 recomru cooperation of military and p.1rnnnlilnry auacked the villages of Nucv:t Espcranza fon:;ts, have conumtted human ngl11s and Kant:tW$ 1n the area of S3n Andres violations again>t them. In Mny. the de Bocay. The O 'CCOntms mny be part or body of regional Indigenous leader, a group that broke awn)' from the Freme Laureano ln~mpue was found two dn)"S None 3-80. the l.bt recontm group to o.fier hos ,tbducuon by men who stated dls;tnn. that they wen: scm by the local military Anny Capt Milton S.1ndoval sa1d the commander recontms were mOSt hktl)' loolang for boots or food Sond0\'31 s:t1d se-·eral l'ltasc w-.41<11<'> .,.Jaxts .-.pl<>SI"S con.ccm hundred ann)' troops had been jo.-IN "'frtyojlr.d~ kod<rwrardD depiO)..,d. but could not reach the 31'<.0 &trodo ar.d "'8'"S ''"" <tfl po<stblc mcasurn beduse of l~ck or roods and heavy rains. be token to'""'"' IN It•<> of lttdlgtrt<JUS kadm In 1~ conrcxr of rtunr hi/lin~. 10: From: \\~tkly Net<'$ Up<lare on'"' Amaic.._ Senor Pn$ldtntt .Er'llt$1<1 S<Jmpu ""':ano, P":sldcntc de Ia Rtpubll<u. Palacio dt f'.'arlM. Colombia: Indigenous Leader Sanrofc de Bogota. Coloml>l<t. Fa.v: Oil 57 I 286 N311287 7939. Disappeared A rmed men abducted Indigenous .ll.Jeadcr Gemrdo Estrada from his Wuh <opla 1o: home 111 the 1\lquems municip.1lity Amh<l:lsad<>r Gabrltl Slh'd, Embcwy of Narino department on O.:c. :;_ His Colombia. 21181.£roy 1'1 NIV, 1\'cl,hlngrc>ll. whereabou<> ""' not known and there is DC 2000'1. and QNEP. M 2$916. Bogool. serious concern for h1s safety, <Speciall>• Co/Dmb!a. as lnd1genous leaders obducttd under similar on:umSt2ned: h,a,•c o£t.en bet:n an mddin1le ·:-unp.1ro· (c)r tmmunit)' Mexico: Sierra Madre Appeal he Consejo Asesor Slerm Madre (CASMAC) nnd Indigenous communiues throughout the Chihuahua T Mount~ms h:wc requested urgenl inte r- nauonal suppon to their demands for pc11CC and ;u.tlc.: 111 muluple assossinations •nd Other brut~l abuses of lndogcnOU5 Tornhum;trn, TeJXhuan. and tnv1ronmencal leaders in nonhem Mvnco\ Sterm Madr<. mountoon range_ In 2 kuer to Mtxtcan President EmrStO Zedtllo. CASMAC descnbes onc~d violenct 3g;>oi\SI Indigenous leaders ond env1ronmenU1hstS in the Slerm Madr<. of Chohunhua. Drug trafOckors working with local caciques (poliucal bo.~) nrc reponrdly responsible for many ossassinalions. beatings and other actS of violence Stme authorities have reportedly refused to investigate the maJOrity of these c~ and f«ieral mvesugouon~ have been hindered by dl\'trston of resources tO Other prio.rIU<S and by corrupuon in the judicial S)'S<cm Aecordmg to the feder.>l attorney scneml. one of the most ''IOiem CXI<JUCS. Anem1o Fontes. was granted 34 A lallcd. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Nicaragua: Recontras Massacre Miskitus Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Nicaragua: Recontras Massacre Miskitus Item Type Journal Article Volume 8 Issue 4 Pages 34 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note At least 20 Miskitu Indians were killed in Nicaragua by a group of recontras most likely looking for boots and food Attachment Title Nicaragua_recontras_massacre_miskitus.pdf Attachment URL [No URL] Kantawas Massacre Miskitu Nicaragua Nueva Esperanza https://www.abyayalanews.org/files/original/c83ffb172ec500b1eb638bc03c28f22c.pdf 2a0878c56aa95ffb8b6d76ec0c218608 PDF Text Text 11'4 the mllillU)' who onsist th~t lndoan l•nds 111 the frontier zone thr-e:ucn nntlon:al security and tht: rnnintc:nancc: of Brazthan sovereignty. Tho$ erron by the Senate is one more obstacle to the already slow process of dcm~rcating Indian lands in Bmzil. According to the bill. future denmaotions would "'quorc the appro,'lll or the N•uon:tl Cong=. Addition~! provi.soon.s would require the Prau:itnt 10 consult ''ith th~ govemnttm of tM state in whoch the Indian Area is proposed Th- rules would make the dtn\.1n::lllOn of lndoan lands an)Where extremely diflkuh. 1f not Im pos>tble. BR I E f Indian Lands in US and Canada Targeted tor Nuclear Dumping uclcnr wnste produced throughout the Untted Statts could soon end up in the lands of the Meadow l..1kc Cree 1~escrve in Canada$ Saskatchewan provmce. tr plans under conslder:"tuon b)' tnbal c-ounca1s. nuclt~tr pow.:r compames N and gov~mment agtncits come to frunion. this would be 1hc "·lst• finol >top tn • long chain or nuclelr production and storage houstd on. or adjaeenl to. lndum bnds. The US Dcp>nment of Encr;y ond • potcntlO.I waste r<etpt<nt. Atomic Energy of Canoda LTD. uc consodenng construction or !\ pennanent nuclear wnstc dump on the From CIMI (lndrnn1U M1.$Swtr.a1y Co11rK10. Meadow l.,ke Cree Reserve. The Mcodow Lake Tribal Council hns supponed thts proposal. In their current l!<:onom1c lnttimives Report. the Council tout$ the dump as More of the Same Under Paraguay's an economic boon for the tribes 8.000 members. "Democratic" Government In promoting nuclear waste as the cure for econom1c nd~gCnO<lS peoples in Paraguay h.wc yet tO reap the benefits or dcmocmcy. which was restored m 198<} ~rter more th.•n titre<: tlls. th< Counctl follows in th< foototcps of the Mescalero cl=dcs of mdllllry diCt3lotShtp. Utde N5 ch;lngcd for Paroguays Tnb•l Counctl m New Mextc:o. whtch has olltred the hodlg<nous peoples smcc ~r:ll Allrcdo Su~r$ ovenhrow Mescalero r~r,~uon as 3 temporal)~ nucl.e3r sr:oragc snt m 1989.ln fact. rn>n)•orthecountlj~ lndogenousoommunhles In Feb. 1994. offictals of the Meadow L:tke Cree and the ""'" b«n fighnng mcrea.sed Jlr<SSUn'S to fore< them ollthetr C"..anadHm go,·cmment ,,sittd the Mesca1ero Reservalion. and arc reportedly working on an agreement \ltithin which lands. as wrll as go\'emment m.diiTr.rt:.lll'C to their needs. ' \\'e have tnle to our land. but 11 has been mvaded by more the Mescalero would act as temporal)' holder and broker or than 200 J>e:l.S."\l families. Our forest has been destroyed. our US nuclear waste-which would then be shipped on to Cree wild fnnt trees have been uprooted and tossed asldc without lands Mescalero Tribal Presodent Wendell Chino is cur· puy. the animals in the jungle ha,·c been ko off and we ate rently negotiating wuh thirty·t\VO utilities :md three lled going hungry." sud Nobeno Romero. nn elder m the Mby:l· nucle;ar comp;tmts for stornge of their waste, according to Gu.1rant communlt)t located m Ypa~ ln the S()Uthem depanment n Grccnpc3cc rcpresent3th..,. These pl>rlS may ha..-e been or c.-.-pa Dozens of surular confltru an: bang 0\-erlooked. or fordlalled b)' • tribal pltbtSCttc '" whtch Mcsc:dero mem· pla)ed doun, b)· President Carlos \\'osmosys g<>'-ernmcnt. bel'$ catcgonally rejec<ed propos:~ Is for nuclear '"llSSe stor· In 1Cl93. the lndig.."flous oommunlty m \'patl m.•naged to :tgc. The i'onh 1\mencan Free Tr>dc ,\grccmtnl (NAFTA) have SOlllt of tiS ttmtOij' dematattod :IS an lndtgt:nOUS resel''e has povcd the way for intcrnnuonnl shopptng or nuclear The COitlniUOil)' of Ypau \\':1$ gtven 2.600 hectares of natural wnstc. lrr.1di:tted fuel is a noi'Hnrl(f item wuhan the uadc fOt'dllS nnd swmnps 10 share with two other communities. However. 1hi~ has not put an end to the l:md mvasions which :lsrccmcnt. '""king it economic to ship nuclc:u 'vnste mto beg.1n In 1989. The mOst recent land uw:l$ion In \'pau beg;m this Cnnndf'l. The only requircmenl Is nccess «o temporary and paso Apnl, an official in the Mlni!.ll)' of Agncuhure and pwnnncnt stomge sites. For this. Indigenous l~nds have R.1nchmgs r..rm Credit Office Is reportedly • principal backer or been tnrgctcd, just as the)' h~ve •lways been for nuclear thiS tn\-;~S10n. Thn:e months >ftcr compe.stnos ~n invading te:sung. urnn1um mining and fuel enrichment. Tom Goldtooth of the lndtgcnous En,~ronmemal the Indigenous bnds- the )llS<tce ~hnlSil)' orde"'d politt to disNetwork char:teterizes th1s as ...a plot b)' government and lodge the tn\-.dets. Yet, no xuon l.,s bttn tokm The P.lrngu:ayan g«)\'t.mmcnl'~ pos:atton tn re.1:uion to tndU>tl)' to take ad,'llntagc of lndt3n trmtones: He adds. Indigenous commumties is charactonztd by a double standard. "'They know that wt don"t ha\'t: tnvn'Onmental codes or Parogua)• N5 one or the best l~ws 011 Indigenous rights in L:uin 1nfrnstructures that would protect us from stornge of w;\Ste. Amc!iCI. but pa)'S little aucmlon to ot. Instead. nccording to the Our network and our consutuems have been vchemcntl)' ln<hg<nous rights group ProfessioMI Soclo·Anthropologkal and opposed to 1hc federal stmtcg)' to site nuclear facilities on Legal Services. the government h:IS octunlly tried to p.1ralyze the our lands. It has to be stopped. If our d<•cted trib.1l orfi· dal$-<lnd some of them are puppets of the government-won't progr&.<S of Indigenous oommuniues nnd nllicd NGO~. stop it. our grassroots organizatiOns Will ... lttf~rmtttwn Jwm IAunan-.cnco Pr'ts.S, Uma. Ptru I \-Ill. 8 No. 4 s � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource More of the Same Under Paraguay's "Democratic" Government Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title More of the Same Under Paraguay's "Democratic" Government Item Type Journal Article Volume 8 Issue 4 Pages 5 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note The government of Paraguay continues to show indifference to the needs of indigenous communities. Attachment Title More_of_the_same.pdf Attachment URL [No URL] Mbya-Guarani Paraguay Reservations Ypau https://www.abyayalanews.org/files/original/1bb2efbe8cd349e7daa403d0bf711eb5.pdf f352b0e5fe8a6d35655c754210b87d6e PDF Text Text PERSPECTIVES ON B I ODIVERSITY A ND INTELLECTUAL PROPERTY - - - - - - - - - - - - The Guaymi Patent One of the best known cases of attempts to patent and commer· cialize human tissue is that of a still unidentified Ngobe (or Guaymi) woman of Panama. In 1993 and 1994. this case captured not only the attention of the international community of scientists. but also that of Indigenous people world-wide. by Atenciolopez M . I n 1991 . ~ very ill 26-ye:>r old Ngobc woman sought medical treatment in a hospital in ~anama City. Doctors there diagnosed her with a fatal case of l. uktmia. This woman could not have e lmagined that the Panamanian doctors. with the complicity of US sciemists, would then remove s.1mples of her blood for experimentation and finally StOre her genetic material in biological laboratories several thousand miles away in the US. The doctors who set this in motion have refused to divulge the woman$ name. As a resuh we have been unable to locate her. nor do we know if she is Still alive. Even if she were alive. it is doubtful that she would be able to make sense of the fact that two sup· posed inventors. Michael Dale Laimore and jonathan E. Kaplan, nearly acquired monopoly rights over pan of her body, or that this action was supported by the US governments Secretary or Commerce through its branch that regulates the patenting of scientific innovations. These scientists claimed to be search· ing for dues to understand aborigina.l peoples in the Americas and to generme grea.ter understanding of HLV, the \rims thought to cause AIDS. But their actions point to different. and significantly more commercial. iotcmions. In 1993. they filed a '"high priority" palent claim. which was given the number Alcncfo Loptt is a Kuna Indian and wo,.k.s with the OpXanitation Ktmas Unidos per Napguana in Panama City. 16 U$612.707. and t itled • Human Lymphotrophic Virus Type 2 from the Guayrni Indians of Panama... According to the application it was based on the "cell line of a 26·year old Gua)'mi wom{ln who lives in Panama'". Irnernarionally. the patent request is reg· istered with the World lmelleetual Propeny Organization as number U$9108455. Not only this unidentified woman, but hundreds of Indians in Panama ,..,crt treated as guinea pigs for genetic e~per­ imemation during this ~me time peri* od. Kaplan describes the researchers visit for s.-1mple collections., "'We spent six days in Canquinlu. Some of the doc~ tors worked in the heahh ctnter a<hnini.stering medicines to the Guayrni pco* pie. while others worked with nurses interviewing the residems of the village and obtaining more blood samples."' The lndigneous community was never infonned of the intent or implications or these collections: the purpose o f the blood samples was known only tO the researchers. One witness affinns 1hm doctors of the Gorgas 'Memorial Laboratory of Panama collaborated in this research. that they used the blood samples of hundreds of Ngobe I>Cople. and that the blood samples collected in the process were subsequently sent to the Center for Disease Control in Atlanta, Georgia, and tO the American Type Culture Collection in Maryland . The ostensible purpose wns to investigate the cause of a fatal form or blood cancer. as well as forms of the Human l.ymphotrophic Virus. but the patent application followed shonly thereafler. This Guaymi case was denounced in international human rights forums and before the United Nations, but received little alttlllion in P~nam.a. due in pan to a 1:-tck of familiarity with the issues. Only a small percentage of the main· stream culture understood what had taken place. Worst of all. the Panamanian government sided with the US scientists and even utilized some Indigenous organizations itl an auempt to discredit the protests. Nonetheless. the Ngobc-Bugle General Congress. the Kuna General Congress. and other Panam3nian indigenous organizations issued strong statements agains1 the patent application. Following public protests in the Geneva meeLings for the GATT in October of 199~. in Canada and the United States, as well as widespread international solidarity. the patent claim wttS withdrawn in the United Sta.tes-:lt least that is what we believe. based on a statement in the NO\'Cmber 5. 1993. issue or Science magazine. There. in sharp contradiction 10 earlier humanit:uian claims, Kaplan is quoted as s.1ying that the daim was being dropped as it "'has no comrnerci3l interest ."' These researchers shield themselves and their actions with the claim that their work is for the benefit of humani.. t)'. and that they are innocent of any ir'lcnt to harm the ln(ligenovs communities invoh·ed. Yet. it is undeniable that the rights of an Indigenous woman, as well as the rights of an cnlire community. wert violated. The national sovereignty of Panama was also violated in this pl'ocess. although the government comim,u~s to deny this. \Nhat will happen when the results of th is research are finall)' patented. or the rights are sold to a muhinational corpo* ration? Shall we always continue to be the objects of research. with no rights in the mauer? Abya Yala Ne.NS � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Guaymi Patent Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Atencio Lopez M. Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title The Guaymi Patent Item Type Journal Article Author Atencio Lopez M. Volume 8 Issue 4 Pages 16 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Between 1993 and 1994, a group of American scientists attempted to patent and commercialize a sample of human tissue collected from an unidentified indigenous woman. Indigenous groups and international human rights forums denounced the effort and the scientists subsequently withdrew their patent claim. Attachment Title The_guaymi_patent.pdf Attachment URL [No URL] Guaymi Human Rights Intellectual Property Rights Ngobe Patent Law https://www.abyayalanews.org/files/original/8b5be6479698818502c8e94366ebb28f.pdf 9025ff4b1c3b60700ff54e07ae817d71 PDF Text Text ORGANIZATION AND Expanding Indigenous Journalism in· Central America ndigenous leaders met in E1 S.1h'11dor from NO\'. 11 -13 for the second Centro! Amencan plnnnmg meeting for the lntcrn:lllon:ll Indigenous Decade. According 10 the I PS news service, represcntnuves focused on plans to boost lnd1an news mcdlo 1n the region. N1cnmguan l ndl~enous leader Mirna Cunnlngh.'\n po1 nted 10 • pilot project bemg camw OUI In N1camgua with md1o and the p~ wh1ch could be ben<flctnl for 1he d.-·elopment of lnd1genous med1a m Ccntml Amenca. She ln(ormrd IPS th.'ll the tr;umng of lndtgenous )oumahsts and professionals ·IS alread)' happemng m the regton. ah hough 01 modest levels." and added that the upgmdmg o( CXIStiOg programs is bcmg sought. ;\dnnn Esquino L1sco. head of the N•uonal Indigenous Association, stated that they were thinking of stnrtlng an lnd1 gcnous mdio station, although they lacked lnfomtatlon on the current situa· tlon R1goberta Menchu. who W:J.S also pr<S<nt at the m<eung, pledgtd the suppon of the Vicente Mcnchu Foundation m undcnnkmg a study of the oaual situotoon and needs of lnd1genous communmos In Guatemala, Hondur3S. N1caroguo Jnd the southern Mexican state of Ch1>p.1S. COMMUNICATION of trust "'sponslbiliues h tstoblished a Zunl on 1ssucs conct'ming n:uu~l resources. S1gnifl(llmly. the pbn uses Zuni religto\IS ond cuhuml valuos :J.S the b:J.Sis for decision-moktng. This approach to development has pro\•isions to provide Imming of Zunis already brought a 8"'"t deal of success to fall profes.~ional positions. the build- to the project and to Zuni. The project ing of gcogmph1c lnformauon systems. now cmploys60 lll:oplc. 59 of which are ond elabomtlon of n resource develop- Zuni. lmplernc.nuuion o( lhe pktn 1$ 1n its first yblr and watershed rehabilitament pion. Intellectual Property R~ghts is one of lion has already begun. Tmd1tional agothe pLOJ«ts prmctpal concerns. 2um are culture IS molong a comeback and trndl· in the process of deflmng for themselves uon>l technolog)' lor ci'0$1on control IS what Zum tmellectu>l proptny IS and being tncorpomt<d mto the rthabohta· what t)'pt of "pLOt<ctton" they would non \\rork. lnd1gcnous communuzes hkr to sec for thts proptrt)CTrodutoml tntemauon.tlly have shown amerest in seeds, for exnmple. need to be plotect· the ptOJCClS appro.1Ch to communuyed. but cnnnot be used-¢,-en by b:J.Sed development ZunlS-for commerdol purposes. $.1cred sues. religtous ani(:~cts. trodiuonal an Tribal Sovereignty: Back to the styles. l:mgungc. religtous ceremonies. Future? songs. and medicimd plants nre other his symposiUm on the rights ond status of Indigenous people was types Of "property" COnSidered for pro· tection . sponsored by 1he St. Thomas University. A related yet sepamte Issue is that its Hun10n Rights Institute, its law of cultural preservntlon. Many of school. and the Oklahoma Cuy Zunt5. tradhaons have endured the pas• Umverslty Notlve Amerlcon Legal 500 years. Zum contmue to pracuce Rcsoun:e Center. It took place m ~hami, rchgoous and cultuml tmdiuons that Flonda on Dec I and 2 The conference. ongmatcd thous.mds of years >go. The addressed issues or lod1311 culture and past 50 yc.• rs. howe\'tr. have brought sptritu>hty "" well M cbiOIS of tnlxtl about ropld chongcs In dcmograph1cs 50\'treignt)' and cnucal IS>Ues of fcdcral and hfestylt. The Conserv:mon project lndL1n law. ond was designed 10 Crt.lte a holds that much of I he do mage 10 Zuni launchmg pad for ongoing research and lands "'suhcd from the breaking of ana.lysos. Zuni Conservation Project traduional forms of land manngcmcnt. The conference fcaturcd • broad Pushes Sustainable and know~ that traditional methods array of subject m~ner ond expen Development are much more sustnlnnble, and strh·es speakers from Bmzll to Alnskn. Papers he Zuni Tnbe loc~ned in wesHcn- 10 mcorpomtc and rtjuvenme the use from the conference and highlights of tml New Mexico fomted the Zuni of traditional technologies and prac- the discussions will be published in a Conscrvntlon Pl\)jcct in 199 1 to serve as lices into nnturnl resource use plan· special Spring 1995 issue of the Sr. th~ir dcl):'rCmem of n:uurnl resources. ning. Thomas l.aw Re••fcw. The Zuni communuy has approximately By the end of 1993. the Zuni 9,000 pe-ople. In 1990, p.15Sag< of the Conse"•auon Pro.JC(t completed a plan For mot< lnformattoto: the Zuni Conservauon Act enabled of acuon fe>< sustaonablc development Pnlf"'-"'' Slrtfru:d ll'f<»tt<r. Clwlr. Sutnng l>unchlng of 1hc project The Act was -the Zuno ~rce o.:,·elopment Plan. Commlll« Tribal Sowr<~g~~ly S)Oijli>Wm. J>35$d to cnd Ol.'lny >~rs of litiW~tion This pbn follows the forn~11 of the UN'S S<. ThDrnM UnM"'IJI S<looal cf l.a"' >g>lnst the US Go\'cmment for damage Ag.onda 21 doeumem. tn se1ung gu1dc- 16-ICO N IV J2nd "'~ Mwmt, fl<>nd<J JJOSi. to Zum l•ncb ond f10m mismanag.omem hnes. goals. and .lCioon obJCcti\'CS for Td; (lOS) 62J.2JOS, FGX. (lOS) 62J-2.J90 I T 16 Sl7 moUton trust fund to set up a system of bnd management to rehobilit;ue nnd conserve Zums land and natu.ml resources. Also Included In the Act ore T � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Tribal Sovereignty: Back to the Future? Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Tribal Sovereignty: Back to the Future? Item Type Journal Article Volume 8 Issue 4 Pages 36 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Several academic and Indigenous rights groups hosted a symposium in Miami, Florida on the rights and status of indigenous peoples. Attachment Title Tribal_sovereignty_back_to_the_future.pdf Attachment URL [No URL] Federal Indian Law Indian culture Indigenous Rights https://www.abyayalanews.org/files/original/5e4bfa92a1d45d2eba6f35ce47858f9a.pdf 9da88db5d6c711b92795f4f09fb9a0c9 PDF Text Text INTERNAT I ONAL Free-determination and the States: Commentary on Barbados Ill by A ucan H uilcaman read with interest the "Declaration of Barbados Ill" reprinted in the last issue o f Abya Y News (Voi:S no.3). ala Considering the breadth of material included in the declaration. I will only comment on the portion of that docu· I ment which begins with suggestions to the governing l.1tin America.n states, the United Nations and its various specific bodies such as the OIT, UNESCO. UNDP. and FMI. Second. I also want 10 comment on the declarationS final sec· The promises which L'ltin America:S governing states have made through documents in summits such as those held in Mexico and Spain respond 10 Indigenous peoples· undeniable reality, but these resolutions are very far from being implemented in practice. In the meeting in Spain, the governments promised to establish a Development Fund for Indigenous Peoples of latin America and the Caribbean. Now, when \ Ve are in agreement in relation to Indigenous peoples petition the fund for economic assis1ance. they are told that the fund has no resources and that it is only a negotiating table between some international organizations and the identification and historical analysis of factors wh ich have made the political and cultural oppression of Indigenous peoples possible. as well as the ' "e'vs on ideological, political. religious. and eco- legitimize their actions, they have established an an oversight council with Indigenous representation. However, Indigenous delegates have to be ac redit~ tion related to the self.detemlination of Indigenous peoples and the nationally constituted states. nomic colonialism and neocolonialism. However. the declarations call to the Latin American governing states seems misplaced. The Slates are fully aware of the reality in which we Indigenous peo· pies live. Th ey know that this reality has been constructed by force and violence. The denial of our physical and cultural existence produced by the political constitutions and legal systems responds to the homogenizing nature of the govem- ing states, and is the resuh of organized political decisions. not of coincidence or circumstance. Aucan fhiilcaman is \Verken. or spohc..sperson, for the Mapuehe organitation Auhin \Vallmapu Ngulam-C<>uncll of All the Lands rn S<>ulhcm Chile. Vol. 8 No.4 Indigenous communities. In order to ted by each countrys chancellor. They this ·democratic panicipation." but il is nothing more than state colonialism under the guise of recognition and democracy. Similarly, the governing states came to a set of agreements at the Eanh Summit in Rio de janeiro in 1992. If we try to verify compliance with these agreements. we do n ot find any concrete means in the legal. political or eco· nomic arenas to ensure better adminis· tration of natural resources. It is easier to identify the thousands of hectares of land. mountains. rivers. and lakes which have been destroyed and contaminated. Un doubtedly. as it has become impossible 10 evade the Indigenous reality. the governing s.tates will make a declaration C.."lll regarding Indigenous peoples whenever they hold a continental meeting. but in no case does this imply compliance with their promises. I belie,·e that any demands or exhor· tations require precision. We Indigenous peoples are fighting for the recognition of our rights, rooted in our historical and political condition as a people. with all powers in the areas of rights, ideology. politics. and culture which this implies. such as the restilu· tion of fundamental rights and freedoms such as free·determination and the resti· nuion of ancestral lands. These condi· tions are precede any fonn of recognition. otherwise. the states will continue lO determine the framework for recogni· tion and relations between Indigenous peoples and the governing states. 1 consider out of context the cttll to the United Nations and its various spe· cial bodies. as if these were something separate from the constitution. control. and intervention of the governing states. ll is time to state what the United Nations is and what it truly represents. The United Nations does not exist; what truly exists are "Concerted States.. which are simply institutional structures whh a legal. political and ideological base and with defined interests. Taking into account that the ideological base and sustenance o£ a nation is fundamentally cultural. It is no longer possible to con· tend lhal the "states are polilically·orga· nized nations." States in America (Wallmapu in the Mapuche language) have no corresponding socio-<:ultural reality. Therefore. the United Nations 23 �t< T E R t< AT I 0 t< A L arc the s.-~mt govemmg states that have been COI\SIIUCicd wnhou1 uking into account the cultur.ll d"·ersny of the con- unent The I LO (lnternouonal Labor Orgamzauon). UN Oe\'elopment Program ond UNICEF are not independent of the United Nations or of the governing s1mcs. Thus. their actions are not :lU10ttomous. All of their plans. progmms. nnd projects require govern· mental approval. It is sufficiem that an lndagcnous organization comes into confltct wtth the stotc in the process of then struggle, for these org:mizations to hmtt the help chey gwe. Relaung to 1he declarauonS State· ment, '"\Vt btheve u necessary to appro\'e the Chaner of Indigenous Peoples Raglns promoted by the UN: it 1S wonh menuontng that af1er thineen ye01rs of dtscussaon lxtween members of the UN Workeng Group and Indigenous reprcscnt:tllv<:s. the governments are not willing to recognize fundament:tl rights such ns frec-deurminacion and the restitution of nnccstml territories. Frcedctcrmmmlon is a right prior to. or condicional for. enJoynlCnt of the ocher rights. Before demanding prompc racificauon or thiS feg.1l instrument, it is esscnual to be sufficaently informed of the fundamental nghts chac lndagenous peoples are defendmg m che '"'rious spaces 3.\"31lablt to us, as well as posi· uons t3kcn by thr states in relation to chcsc nghts. Wuhouc mcorporacing these COnditiOnS, new ronns or dominaliOn could spnng from international law, even ash IS rr:1med as the recognition of Indigenous peoples and cheir righcs. Dunng che Working Groups' fino( session (July 25-29, 1994), they did not permit rc,•lsion of the declaration. and merely received Indigenous represencatives ·comments." chereby pre,·cnung full recogmuon of che confltcl becwcen lndtgcnous righcs and che states The nghc co free-<ltcerminacion, formulated by the Indigenous peoples. shows che d"•de between the historical 24 legacimocy of lndtgenous peoples" inahenable nghts and che legaluy that sustatns che staces The lnd1genous people ma1ntam wuh all our comiction that 1hc states, do not ha,•e more nghts than we do. nor have we au1horized them to 1m·oke our exclusi"c rights, nor intervene II' OUr I)COpltS' rulUre. Since the dcclarat•on olso calls on the lntcrnmionnl Lnbor Organiza1ion (ILO) and refers to its Covcnanc 169, I have to comment that this Covenant renects the st:ue-govcmments' politics of juridiClll colonialism as well as chat of the UN'$ agenc•es. Although che Co\'eMnt rccogmzes us as peoples. it samultaneously r<J<CIS che righcs chac stem rrom thiS r«OgJ'IIliOO, SO that it remams purely symbolic. The Co"enants most SlgntfiCllnc element lies in pro'"dmg lndagenous people che right to '"consultauon and panicipauon: Howe,·er. th1s ng.ht becomes ind· recuve when we remain polhica11y o ppressed by the scates. Indigenous consent In 1his context is rel:uive. At the UN World Conference on ~Iuman Rights in june of 1993 where I served as spokesperson for che Indigenous represemauvcs. we Slated "\Vc call on the States to mufy Co"enant 169 of the ILO pro,1dtd chat the Indigenous peoples are 1n agrt-c:ment \Ve understand this 1nstrumcnc as che first step co establish new and better relauons between the stales and chc lndtgenous peoples: In rdercnce to the international development and rinnndal organizations such ns the World llMk, IMF. lnteramer•can Oe,·elopmem Bank, it should be noccd chat che developmenc chey hove imposed is unilateral, and has assaulted Indigenous cuhuml identities and the economics of reciprocity. These are the snl'nc orgnnizntions that appro"ed projeccs for conscntccion of hydroeleccrac dams and ocher such endea,·ors wuhm lndtgenous territories. for example, chc hydroeltctric dams on the Rt\'er B1o-Bao \\ithm Pehuenche Mapuche lands. Any '"''ilation to change pohcaes made co chest institu- tions is \'Cry for from bemg mec, especially stnce chey respond co che tntere.sts of the gcn·emmencs ond are not independenc bod1es. The dedarauon ends refemng to che democmtizauon or Lattn America. of geopolhacal reorganizouon, and che rccogni1ion or the Indigenous territories. I reiterate that we arc in agreement on this: it continues. however, whh a call for recognition o f Indigenous righcs "'in a rramcwork or n sclr-dctermination compotible wlch, and complememary 10 the 50\'CI'Cigmy or national Slates.. 1am not sure af I should conclude chac in chis passage the dcdar.auon presencs a sec of contradacuons oorely compouble with the prev1ous am'llysas. or whether it is the poliucal onentauon of che Signatory Org.1111%3UOn. \VhaCe\'Cr the case, I \VIIl emphastze che 1mphcauons thts essen· cialaspecc has for posstble solucions and new rclationshtps between Indigenous peoples and states. It is incongruent co propose che compatlbilhy Indigenous sclf-dccermination and the sovereignty of the nationally constituted states. ItS worth reicerating 1ha1 Indigenous people are fighcing for fru dcl<rrninatlon and not self-determanauon. These concepcs ha,·e different meantngs and amphcations tn the legal, poltucal, 1deologacal, hisconcal. and culturol fields. lndagenous peoples h•,-e yet co determine whether we want to develop our· seh-es '"tthm or outstde of the SU\ICtures of che so-called nnuon-states. Funhcrmore. ns I poinced out above. nation-states don 1t extst. \\'hat exists are state-governments. The homogenizing and unilateral n:uure or the St:Ue•gOv· cmments is what maintains the lnck of cuhural understanding ond social incolerance. Complen>cncarhy wilh che Scaces as they are is imposstble. 11 will only be passable when both instiluuons recognize each other reciprocally under the baste pnnc1ple th:u neuher is more valid chan the othtr, and th3t eoch system of orgamzauon 1S the most adequace for ats own culture. ~aYalaN<M � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Free-determination and the States: Commentary on Barbados III Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Aucan Huilcaman Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Free-determination and the States: Commentary on Barbados III Item Type Journal Article Author Aucan Huilcaman Volume 8 Issue 4 Pages 23-24 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note A spokesperson for the Mapuche organization Aukin Wallmapu Ngulam-Council of All the Lands comments of the "Declaration of Barbados III," especially the sections relating to the self-determination of Indigenous peoples and the nationally constituted states. Attachment Title Free_determination_and_the_states.pdf Attachment URL [No URL] Autonomy Human Rights Indigenous Rights self-determination United Nations https://www.abyayalanews.org/files/original/03b31eb63ef9e1c8d4ab0d4f5f10a67f.pdf 41917f6f35fe99fc1a6fc8cac60bfd3c PDF Text Text P ERSPECTIVES ON BIODIVERSITY AND I NT.,_LL EC_,_UA L_,__,,O PE,R_,_' -- - - - - - - - - - - E, , o, T"'= P R , _, TY Biodiversity, Community Integrity and t he Second Colonialist Wave He whare maikhi tu ki roto ki te tuwatawata. he tou no te rengatira: he whare maihi tu ki te wa kie te paenga. he kai na te ahi. An ancestral house standing inside the community is the sign of chiefliness: one standing in the open is food for fire. - Maori Proverb by A T P roha e areake M ead M the Maori proverb above indi- tes. an ancestral house. or any pe<:t of heritage which restS within its home community. holds in itself and brings lO its people numa- AroJta Tt Pm·wkc Mead is a Maori aclivi.st and works wi1h Taonga Umittd in Ac>tcoara, Nt."W Zealand. 6 respect and sovereignty. If the house or any other aspect of heritage. either tangible or intangible, is taken away from its community and from its context, it becomes at risk of destruction. "food for the lire."' And its people are confined to • destiny of mourning for the loss of a beloved and irreplaceable pan of their heritage. For Indigenous communities. the underlying meaning in this pro\·erb is that the life force of that heritage still exists regardless of the physico! circum- stances around it An ancestral house will always be part or the heritage or ilS own tribal community even if it now fomlS pan of a national or imemational museum collection. #Jya Yala News �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY An Indigenous plant. its extracts and seeds. will always be part of the heritage or the community, who have imerncted with it for so many generations that the plant has become j>art of the language of that community, its significance reafGrmed daily in (waiata) songs. (whakatauki) proverbs and (whaikorero) traditional greetings. The Second Wave of Colonization The first wave of colonization consisted of the forced misappropriation of Indigenous lands and resources. most often through ,·iolence, resulting in mass alienation of Indigenous peoples from their homelands and heritage. The denigration of Indigenous vah,tes and practices was sanctioned by religious and social beliefs that tribal peoples (non-Christi:ms) were savages and barbarians, and 1heir cuhurnl traditions "'heathen'" and evil. Settlers claimed that theft of Indigenous lands served the .. public good'" and that new technology promised more effective land usc. improved farming methods. and new crops. Time proved, however. lhat new farming technology kept being impro\'ed until most farmers could no longer afford it. New methods also brought soil erosion. pesticide pollution. and the final insult. ha'"ing to buy seeds which were prc,riously 53.\'Cd ftom the harvest. Where Mother Earth used to be the equalizer for those who used her resources to feed, clothe. shelter and heal themseh'es and others, technology has turned her imo a factory. The second wa\'C of colonization sets its sights on mis.'1pptopriating what little remains after the first wave. the "'intctl'\gibles" of Indigenous cultuteslndigenous knowledge of the environment. pre"entative and curative healing practices. and panicularly traditional uses of Indigenous plants (medicines. dyes. complimentary crops to name but a fcw).\Vhere the first wave of colonization was made possible by nonnalizing the violence against Indigenous peoples Vol. 8 No.4 as in the service of "the public good," the second wave is accommodated and encouraged through national and intcrn:nional legal instruments which allow st~ucs and privme companies to exercise-through legal and financial nonns and standards~xternal private and exclusive ownership of 1he tangible and imangible heritage of Indigenous communities. liS not at all coincidental that the jus1ification of this misappropriation is the s..1.me: "It's for humanit)'. for the public good ." Before. it was land acqui· s1tion. Now. it is acquisition of knowledge and resources. No matter how one · looks at it, the result is the s..u ne: outsiders forcing the concepts of commodification of resources and acquiring ownership of the ancestors· gifts-lands, resources and knowledge. Cultural and Intellectual Property Rights Governments as well as private companies are now clamoring to copyright and patem Indigenous an forms. medicinal plants. languages and even genetic materials. Signatory states to the Convention on Biological Diversity and the UN Conference on Environment & Developmem's Agenda 21 (1992) are now required to respect and take measures to protect the Intellectual Propcny Rights (IPR) of Indigenous peoples and local communities with respect to bio· logical diversity. Many States have inter· preted these international directives as justifying the redesign of their national IPR legislation to legalize State governance of community assets. but Indigenous peoples around the world view such measures as unnecessar)' intrusions into the integrity of their communities. h is neither logical nor practical that the best system for the protection of the cultural and intellectual property or Indigenous peoples resides with states or even with the international community. Protection can onty be designed and implemented by Indigenous commul1ities themselves in panncrship with individuals and organizations (local, national. regiomll and international) of their choosing on an informed consent basis. The body most c.•pable of respect· ing and enhancing the unique needs of an Indigenous community is one initiated. developed and staffed by the community itself. National and international instruments cannot possibly prepare communities for the challenges upon theit own stro.ctures of leadership and accountability. State instro.mcnts should focus on the activities and proccdtu·cs of companies, bm it is clear that many States would prefer to regulate the activities of communities. At a funda· mental level there is al.s o the problem of states. as well as the international comrnunity. assuming that they have a right to develop standards and legally binding instruments for assets which do not belong to them. New threats facing Indigenous Communities: A Case Study The attack on Indigenous communi~ tics is constant and significant. Indigenous communities cannot afford to ignore external pressure and simply to hope that ignoring the threats will in time make them go aw-a)~ A brief examination of the national activities and c.xpericnces of the Indigenous communities living in just 01'e UN member State-New Zealand-demonstrates the diversity of IPR issues facing Indigenous communities. The human genome contains the heritage not just of an individual but of that person's community. for many Indigenous peoples. the concept of "'ownership"' of a human gene e\'en by the individual is just not accepted. The ownership of a human gene by a company is therefore reprehensible. \ Vithin the Pacific. two attempts have already been made to patent Indigenous human genetic material (Solomon Islands and the Hagahai or Papua New Guinea). The Human Genome Diversity Project has targeted over 200 South PaciGc Indigenous communities for genetic 7 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTU~~ P R O P E~ TY ------------A L....!'-!~::!:.! R~~ sampling. Maori arc one of the few not on che lise (See arcicle on HGD Projccc pg. 13, eds.). However. che a11cmpced recommendation to the New Zealand government by Maori-that New Zealand discuss with other Pacific nations the itnplications of the collection of human genetic materials in the Pacific-fell on deaf cars. Research within New Zealand on cancer. alcoholism and otitis media (gl\lc car) has been reponed to focus on Maori genetic predispositions lO such conditions. In the hands of health insurance companies. genetic screening on the basis of ethnicity involves fundamental human rights issues which have yet to be c., plored. Copyright of Indigenous Languages In November 1994. che Oxford University Press attempted to secure an cxcl\lsivc copyright or che \Vi/limns Maori Umguagc Dicrionary. First pub· lished in l$44. the dictiOI''I:U)' remains the most authorilative dictionary of the Maori language. ll has been reprinted twelve times (seven editions) by the New Zealand Go'"ernmcnt Print Office, an agency established to promote the recording and publishing of New Ze3land hiscory for the benefit of all New Ze~landers. Many of che first Maori language and ~...laori history publications were financed and p11blished by a state- owned Printing Office on the underscanding that such publications were "held in trust~ as vital components of the national herilage. Prh'3tization of state agencies, including the Print Office. has opened 11p Maori publicatior\S to copyright by the privace sector. There are currently no mechanisms by which Maori can regain ownership. We will have to fight for each publication individually. Traditional Uses of Indigenous Flora and Fauna Several New Zealand companies 8 have developed successful cosmetic products using tradicional knowledge of nora and fa\llla. A ncdging phannaccucical induscry is also being developed. but at this point the cos1nctic propcnics of native plants are the primary ulrget of commercial exploitation. ln some cases the traditional knowledge comes from Indigenous informants. in other cases through research in historical records kept by early senlers-includingchosc of Capcain james Cook himself-which provide detailed and illustrated accounts of the properties and uses of native plants. The Body Shop recently negotiated with a small tribal company their extraction process for the oil of the native Manulla plant. Manuka is a native plant common to most of the North Island and of significance 10 many different tribes. such that songs, proverbs, weavings and other art fonns record the plant's special relationship to each tribe. Thus. from a tribal point of view. it is diffic\llt to accepc the validity of any IPR agreement bet ween two companies involving what most Maori would consider "common propcny."' Exploitation itself is easier to understand than the attempt to patent the process. or tO seck plant variety rights on the Manuk..1. Already. plant variety rights have been granted to national and international companies for thincen plants by the New Zealand government. In response, the Maori have filed a Treaty of \.Yaitangi Tribunal Claim against the go'"erntnent . seeking confirmation that all native plams are the heritage of Maori tribes in the first place. and that any decisions relating to the conmlercialization of native plants must by made by Maori tribes themselves. This historical case is due for consideration in mid-1995. Capacity Building: More Questions Than Answers The righcco intellectual property. as a western legal invention. was never designed co cope with the myriad ·properties"" now being thrust upon it. Indigenous knowledge and Indigenous resources simply do not fit into che IPR regime. Protection of heritage must be addressed through alternative mechanisms. but it must be a mechanism robust enough to apply to the diverse range of activities now thremening the heritage and livelihoods of Indigenous communities. Indigenous communities need to son out amongst themselves-without the interference of non·members-the tribal. sub-tribal and ramily "ownership.. of knowledge. \ \That is common property? Who has the right to give consent? Elders or youth? Tribal political structures or new additional specialiSt tribal organizations? \Vhat structures will they put in place? Should regional and national scruccures also be established? By whom? Indigenous communities should also make greater use of the infonnation highwa)' and strengthen national, regional and international networks in order to exchange information. offer advice and experience. and keep informed of the growing swell of che second wave of colonization - misappropriation of Indigenous knowledge and biodiversity. The most appropriate and resultsoriented contribution that states and the imernational community could offer is to provide additional financing for com· munity capacity-building. and to focus regulatory attention on external compa· nics. agencies, and individuals. As the Maori proverb scates. the heritage of Indigenous communities rests with those communities. If any aspect of this heritage is removed, it becomes food for the fire. Similarity. the proverb reminds us that che incegrity of a commul'lity requires us to hold firm and protect the treasures of the ancestors. If pans of our heritage have been lost. it is our responsibility to get them back. no matter how long il takes. Abya Yala News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Biodiversity, Community Integrity and the Second Colonialist Wave Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Aroha Te Pareake Mead Date A point or period of time associated with an event in the lifecycle of the resource 1994 Language A language of the resource English English Zotero Title Biodiversity, Community Integrity and the Second Colonialist Wave Item Type Journal Article Author Aroha Te Pareake Mead Volume 8 Issue 4 Pages 6-8 Publication Title SAIIC Newsletter ISSN 1071-3182 Date 1994 Language English Abstract Note Indian communities are now faced with the task of defending their cultural and intellectual property rights in the areas of agriculture, language, genetics, etc. Attachment Title Biodiversity_community_integrity.pdf Attachment URL [No URL] Colonialism Copyright Intellectual Property Rights https://www.abyayalanews.org/files/original/80247e538911c91296674d0bba21344d.pdf 1553b6857e29a8986e8c629d3ae69a4a PDF Text Text ORGANIZATION - - --=- Coalition in Support of Indigenous Peoples and Their Environment Founded lndigenous organizations. Panicipants di.scussecl1he struggle for autonomy and self.detcnnination. how to create mech· anisms to assure respect for Indigenous he Coalition in Support of Amazonian Peoples and Their rights. and how to strengthen access to decision·making on Em·lronment opened an ofric:e in government T Washington DC in Nov. 1994 to Indigenous rights. The intent of the con· impro,·e communication and coordina· ference was to develop clear definitions of autonomy and self·detemlination. tion among US-based NGOs working with Amazonian peoples. The Coalition was born from an alliance between Indigenous peoples of the Amazon and groups and individuals concerned with the fu ture of the Amazon and its peo· pies. Coalition Members suppon Indigenous territorial rights and sustain~ nblc development ahemath·es. and share the belief that people are an integral pan or the ecosystem. The Coalition will hold an annu.~l Fomm !or NGOs to meet, receive guidance !rom Indigenous leaders of the Amazon. discuss current issues, and develop politic~l action su·atcgies. Topics at next years !omm (May I O-l2 1995 in Washington. DC) will include: Free trade and De\'elopmem, Intellectual Property Rights. the Timber Industry. At present the Coalition has three working groups: U.S. Policy and Hl.lntan Rights. Defense of Territories. and Financial Resources. It is helping to coordinate a number of cmnpaigns such as the Ecuador oil campaign. In an e!fon to promote communications among interested organizations. the Coalition: distributes a monthly Am~ort Update with news from Co..1lition members. F()r mor~ inj()rm,uion, p/(6$(. ccncac1: CoalitiOIJ Coordinmo,. Melina Sel\'Cl:Ston. 1$1/ I< St. N\V Suit< 10+1, 1\~ irtgton . DC 2()()()$. Te/;(202) 637-97 I8.jax;(202)63i· 9719. emaiJ: am«Z:om:ool@fgc.apc.oJi. Self-determination Seminar in Mexico T he Second Seminar on Sclf-determi· nation in Mexico held on Jan. 20·21 was organized b)1 the Colegio de Mexico under the direction of Rudol!o Stavenhagen and hosted by Oax.1can Vol. a No.4 American Indian Satellite Network Makes History or the first time. Native.owned and F public radio stations across the country have access to regular program· ming for and about Natjvc Americans. thanks to the new t\IROS (American Indian Radio on Satellite) network. Since Oct. 31. tl1is history-making ser· ,;ce has offered a daily one-hour feed or dramas. documentaries. litcrmure, self. help programs and heritage pieces, all related to Native Americans. The AIROS network, initially funded b)• the Corporation for Public Broadcasting, is developing and establishing what will eventually be a 2+ hour distribmion system of radio pro~ grnmming by, for and about Native Americans. The AIROS feed includes a storyudling series, interviews with various Native American personalities. historical specials and a multi-pan series on breaking the C)'cle of child abuse. as well as a ' 'ariety of other specials and series. Nalivt America Calli11g will premiere at the end of February as a daily. hour-long. live call-in talk show focus· AND COMMUNICAT I ON most of whom operate on inadequate funds; says Susan Braine, AI~OS Manager. "We're working closely with the tribal stations to detem1ine program~ ming needs and to address those needs through tl1e radio programs that AIROS is able to acquire. Our goal is to encour· age and facilitate their own production of these programs. This is their network. It will be as successful and relcvnm as they. the stations, collectively make it: Braine said. AIROS also has plans to acquire ponable uplinks in order to broadcast conferences. po'"'vows. and oLhcr cui· tur:d events from reservations. This would allow tribes to share limited resources while learning from each other. For more information on the t\IROS schedule. contaCt your local public or Native.owned rndio station. Stations interested in becoming affiliated with AIROS should contact Susan Braine at 402-472·0484. Internet for Native Peoples Conference ndigenous activists !rom throughout California gathered at U.C. llerkelcy on Nov. l9 to learn new techniques and I discuss the opportunities for network· ing and alliance building on the in!or· tnation highway. Marc Uecker led a workshop using the Mosaic program to explore the Internet. This prompted both ideas and concerns about using the lmernet as a tool for funhering the causes of Indigenous peoples world wide. 01scussion that followed pointed to the ing on currem issues a.nd topics affecting demand for a larger and more in·depth conference in the future. Man)' who Native Americans. attended questtoned the use of this tech· nology !or people living on resen'l!tions and other third-world conditions who radio is the sole telecommunicmiot\S might not ll.we access to telephone lines service. AIROS directors see the net- or even electricity. work as a first-step towM<I an ambitious Ifyou have acc:t:SS lo a computer and modem. goal: building and linking stations on you mighc be inten-..ste(l in the following liscs the 250 Indian reservations in the rdatcd to Indigenous issues: Indigenous United States. greatest challenge is Knowlt:dg(. NaJive Netin obtaining Native comcm programs. Jisturv@('OP'ndl.tdu, Chiclt;, ~·fujcr 1.. ·liSt· particularly from the Native stations, proc@lmrinet.gsc.ucsb.cd!f, Rata Net. t\IROSlinks most of the 25tribal sla· tions located in Native communities in 10 states, many on reservations where ·our 35 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Internet for Native Peoples Conference Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Internet for Native Peoples Conference Item Type Journal Article Volume 8 Issue 4 Pages 35 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note Marc Becker, SAIIC staff member, led a workshop for indigenous activists at U.C. Berkeley; discussion centered around using new internet techniques for networking and alliance-building. Attachment Title Internet_for_native_peoples_conference.pdf Attachment URL [No URL] Internet South and Meso American Indian Rights Center Training https://www.abyayalanews.org/files/original/48270ba45a1066bd5b83e7847896dd32.pdf 4afbca1365f2ea20309aa0b4c64294a4 PDF Text Text I N TE RNA T I O NAL Mapuche at Summit of the Americas: "We Oppose the FreeTrade Agreement." edge at the service of the nonhern coun- tt)'S transnationals... This declaration sprung from a con· fercnce held in No\·ember in Temuco. # Chile. It begins, "In this declaration. we establish a political position before NAFTA. In March, we will hold another meeting to el. borate a set of proposals to a guarantee Indigenous rights in relation to the free-trade agreements. \Ve arc holding a series of consultations. because we wam everyone to be fully We alert the Indigenous peoples of America that the multilateral economic agreements which are being adopted by the Latin American governments compromise the future of the continent. in which the Indigenous peoples are a reality that possess historical legitimacy over awa_e of any plan. program or project r the territories in which the governing states have been established. derived from the free trade :\greement -Consejo de Todas las Tierras. Declaration of Temuco. Dec. 2. 1994 and applied in Mapuche territory. But in addition, we wam guarantees for our uring the Summit of the ended." Huilcam~n noted. "but this war righlS. This rna>' cause confliCtS with the Americas. President Clinton of ecor\omic competition is more dan· state, and of course. the communities are announced the future entry of . gcrous, more harmful. more e.ffec;tive. going to defend themselves. This conOict may have unpredictable resultS.• Chile into the Nonh American Free more destabilizing." · we p.1rticipated in the Summit-stat· Trade Agreement. AucAn Hui1cam.<1n and )ost N:.t.fn. tWO representatives or the ed Huil~mctn-in order to make our Other States W ill Soon Follow ln the Summit, the states announced Mapuche Indian organization in Chile. physical and cultural existence known, Consejo de Todas las Tierra.s (Council of even when the States and in panicular development of an act ion plan to review All the Lands). p resented a formal decla- the Chilean state say that there are only and improve the laws that protect the ration to those at the Summit, denounc- Chileans here. We demonstrated that in rights of minorities and the Indigenous ing the multilateral agreement as illegit· Chile there is another realit)• apan from peoples, but according to Huilcam:ln . imate. since the states have no authority the unifomlity that the State is trying to :.'lnd NaJn, this is ..just a way to make the D o ver their people. The declaration affirms that the states can legitimately meet to discuss the free·trade agreemem, but cannot unilaterally make decisions that affect Indigenous peoples. "The Indigenous people arc a rMiity. We p redate the states. We pre-date the governments that today make decisions for us and for the comincrn ... at the same time. those agreements are foreign. uni· lateral. and lack our consent." Huilc:anu1n and Nafn came to the Summit representing hundreds of thou· sands of Mapuche who fear that NAFTA will increase the exploitation of their territories and the violation of their human rights. NAFTA. they point out. was signed in the US. Canada and Mexico without taking the Indigenous peoples into account. According to the ·~·1apuche. representatives. the economic agenda p roposed at the Summit, will ha,·e terrib le repercussions for Indigenous peoples. "They say that the cold war has Vol. 8 No.4 impose. Chile has twelve million inhabitants, according to the government four million live in poveny. One million of these arc Mapuche. In the long term, the people most affected by the trade agreement with Chile, as in all of America ";11 be the Indigenous peoples. In this sense. we are concenled for the future of the continent. We have found that there is no information-there is little understanding of the implications o f these multilateral agreements. Today for example. people arc patenting food produCtS. but they arc also patenting Indigenous knowledge, even human gene5. When we lose control of these things, it will be a global catastrophe." Under NAFTA. the decla· ration states. "the intellectual propeny of the Indigenous peoples will continue to be usurped with gre.1ter efficiency. in light of that fact that biotechnology has become the mechanism and wol of usu_pation and extraction of our knowl· r public believe that the states "ill respect our rights."' Follo"ing the Summit. Huilcam:\n and Naln spoke at a number of eventS. emphasizing that while Chile may be the nextsig· natory to NAFTA. many other Latin American sutes arc li!l<'d up to follow. Sooner or later. all Indigenous peoples " 'II be foced with the s.1.me circumstances. Thus. the Consejo de Todas las Tierras hopes to es~ablish alliances with other Indian organizations to promote action now- before the agreements arc signed and it is too L"e. Huilcrun~n notes that the Indigenous movement has been too often o-n the defensive. reacting L O eventS after the fact. NAFTA, he urges. should be met " ;th an Indigenous offensive. To support the Mapuchc effort against NAFTA contact: Aukin \\~llmapu Ngulam·Conscjo de Todas las Titrras. Gtncral M'ac.kt Pma 152 Casflla +18 Tcmuco, Chile TcVjax: (45) 235697. 25 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Mapuche at Summit of the Americas: "We Oppose the Free Trade Agreement" Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Mapuche at Summit of the Americas: "We Oppose the Free Trade Agreement" Item Type Journal Article Volume 8 Issue 4 Pages 25 Publication Title SAIIC Newsletter ISSN 1071-3182 Date Winter 1994 Language English Abstract Note After the announcement of Chile's entry into the North American Free Trade Agreement, indigenous groups speak out against the potential economic and territorial consequences of the agreement for indigenous communities. Attachment Title Mapuche_at_Summit_of_the_Americas.pdf Attachment URL [No URL] Chile Intellectual Property Rights Mapuche NAFTA https://www.abyayalanews.org/files/original/fbbb761959390b5a615a9b0deee03998.pdf 4f1205f1b4ea24f00c7f6842ee3c487e PDF Text Text PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY Safeguarding Indigenous Knowledge: Intellectual Property Rights and the Search for a New Framework by Darrell A. Posey afeguarding 1raditional knowledge S :1nd biogenetic resources has become a ccntr1!1 struggle in the expression of Indigenous self-detCm1ination. V.lhitc il is a growing "''"''areness of dte scale of 1>ast and prcsem misap· propriation by science. industry and other commercial interests that has pro,. voked this concern, tr3ditional resoutces arc also increasingly sec1'l as the basis for greater political autonomy and economic self-sufficiency. lmcllecll!al Propert)' Rights. or IPR, has been proposed as a 1cgal ins1 nunem under which Indigenous peoples could seek protection for ki\Owledgc and resources. IPR developed as a western concept to protect individual, techno· logical and industrial invemions. The dangers lying within the IPR debate are well recognized b)' Indigenous peoples. Dr. D<zrrtll PO!<. has many ytar$' txptritncc )' working on IPR a11d biodi\'crsity issues. and is currtmly with tht WOrking Group on Tr·aditional Rtsoura Riglus al Lhe Oxford Centre fOJ· Envirunmcnl. ElhiC$. and Society at Oxford Un11·ersiry. Vol. 8 No.4 who, along wilh m~ny other researchers. a) Global funding for ex-plo itation: think that IPR is not an appropriate First. the Earth Summit (United N3tions mee:h3.nism to strengthen and empo,ver Conrercnce on Environment and troditional and Indigenous peoples. Development), held in Rio de Janeiro in The term Tradilional Resource June. 1992. dealt in large pan with how Rights. or TRR, has emerged from the biological diversity conservation could debate around IPR to describe a broader. be economically exploited through human-rights b:tsed concept composed biotechnological development. and of the "bundles of rights" taken from effectively highlighted the economic other international instruments and JX>tCntial of traditional knowledge and agreements (including IPR). TRR is a resources. The Convention on Biological £'irst attempt 10 define and idemify 10 Diversit)' which emerged from the what extent existing international cus· Summit calls for the study. use, and tomal)' law and practice c..1.n be used to application o( "traditional knowledge. defend Indigenous knowledge and bio- innov~tions. and pr:lClie:es." Its :lC<;orngenetic resources. and then to build panying document. Agenda 21. actually upon these "bundles" to achieve omlines funding priorities to implement Indigenous peoples' goals. Indigenous this process. As a result. considerable people will lead the process or develop- global funding will be directed toward ing this framework according to their the exploitation of Indigenous knowlspecific needs and pr11ctices. edge and biogenetic r~sources. b) BiOl>rospec ting: Second. an Biodiversity Prospecting and increasingly large number or companies Economic Activities are ..biodiversily prospecting--that is, To understand wh)' the safeguarding looking for biogenetic resources (plants, of knowledge has recently become a ~mimals, bactcritt, etc.), including major issue for Indigenous peoples. con- human genes. that can be used in the sider the following pointS: biotechnology industry. Quinine and 9 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY curare are familiar examples or this phe- nomcnOI'l, Never before. however. have there been so many companies and collecting organizations interested in those biogenetic resources that have been nur- tured. protected and even improved by Indigenous peoples. The Guajajara peo. pie or Brazil use a plant called Pl1il0<atpus jaJxmmdi to tr~at glaucoma. Although Brazil now cams $25 million a )1 ear from exporting the plant. the Guajajara have suffered from debt peon· age and slavery at the hands of agents or the companr hwolved in the trJ.de. Funhcrmore. Pilocarpus populations have nearly been ,,;ped out by ravenous. unsustainable collecting pracciccs. c) Economic possibilities for Indigenous peoples: Lastly. many Indigenous communhics need and are looking for economic altemati\'tS. In the tropics. there arc oflen few economic options other than timber exu-action, mining, and ranching. Yet. the tropical ecosystems are constantly touted as being one or the richest in biodiversity. \Vith a huge potentiaJ for cJiscoverie.s Of new medicines. foods. dyes. fertilizers. essences. oils, and molecules of prime biotechnological use. ln summary, the problem or knowledge and genetic resource exploitation nov.• experienced by Indigenous communities is only the stan or a huge aV'31anche. The Right to Say " NO," and Categories of Protection The first concern stated b>' Indigenous peoples in every imemation· al forum is their right not to sell. commoditize, or have expropriated cenain domains of knowledge :md ccrtai!'l sacred places. plants. animals. and objects. Subsequent decisions 10 sell. commoditize. or privmize are only pos-sible if this bas•c right c;~.n be exercised. At least nine categories o£ traditional resourccsllndigenous intellectual prop· Crt)' can be identifkd which a people or community may be concerned to pro· teet £rom mi.S<1pproprianon: l. Sacred properly (images. sounds. knowledge. 10 material culture. or anything that is deemed sacred}. 2. Knowledge or currem usc. previous usc. potential use of plam and animal species. as well as soils and minerals, kno\Vn to the ctthural group; 3. Knowledge of preparation, processing. storage or useful species; 4. Knowledge of formulations involving more than one ingredient: 5. Knowledge or individual species (planting methods. caring for. selection criteria. etc.}: 6. Knowledge of ecosystem conservation (that protects commercial value. although not specifically used for that purpose or other practical purposes by the local community or the culture); 7. Biogenetic rcsour<:es that originate (or originated) on indigenous lands and ter~ ritories~ 8. Cultural heritage (images. sounds. crafts. ans. perfonnances}; 9. Classificatory syStems of knowledge. Quite clearly. knowledge is a thread common to all t hesc categories. Many Indigenous groups have e.xpressed their desire that all or these be protected as pan of the larger need to protect land. territory. resources and to stimulate self· determination. Control over culu.lr:\1, scientific and irndlectual property is de facto self-determination-although only after rights to land and terriwry are secured by law and practice (i.e.. boundaries are recognized. protected. and guaranteed by law}. But. as many Indigenous peoples have discovered. even guaranteed demarcation of land and territory does not necessarily mean free access 10 the resources on that land or territory. nor the right to exercise their o v.rn cultures or even lO be com· pensated for the biogenetic resources that they have kept. conserved. managed. and molded for thous.1nds of > 'cars. The Search for an Alternative Framework: Starting points for a new system A wide range of imcmational agree· tnems, dedarations. and draft docu· ments have relevance £or building a newly designed S)'SLem to protect Traditional Resourc'C Rights. These are labor law: human rights laws and agreements: econo1nic and social agreements: intcllccmll propel'ty and plant variety protection: fanners' rights; erwironmen· tal conventions and law; religious free· dom acts; cultural propeny and cultural heritage; customaty law, and traditional practice. Highlights from each or these areas arc described below. Labor Law: IPR and ILO The International labor Organization (ILO) was the first UN organization to deal whh lndiger1ous issues. establishing a Comn1iuec of Experts on Native Wbor in 1926 to develop inter· national standards for the protection or native workers. In 195 7. the !LO pro· duced the Com•emion Conccmiug the PrOle:ction and lntc.:grarion of lndigenou$ and 01ltcr Tribal anti Semi-Tribal Populmians in Independent Countries (107). This was rewritten in 1987 as the Com•ention Cot~cembtg lndigetJ<ncs Peoples in Independent Cottnlrit.-s (Convention 169} with much or the original~ "inte· grationist l~nguagc" removed . The con· vc1nion's key <:omtibutiOrl is lO guaran· tee Indigenous peoples' rights to deter· mine and control their own economic, social and cultural developmcm. It also recognizes the collective ospcct or Indigenous possessions. which is of obvious importance to IPR issues. since collectivity is fundamental to transmis· sion. use and protection of traditional knowledge. Until now, Convention 169 has not been sufficiently used with implementation of IPR in mind. liuman Rights a1td lntellc<:t ual Property lmcrnational human rights laws offer some mechanisms for cuhurnl protec~ lion. The princ.•pal problem is thot these are oriented toward n:uion-statcs and do not easily "provide a basis for claims againsl multinational companies or indi· viduals who profit £rom traditional knowledge.• The 1948 Unive~·sal Dedararion of Human Righu 3_ d the n Abya Yala News �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAl PROPERTY Hundreds of potato varieties are grown and preserved by Andean peoples 1966 lnccr·natlomzl Ccwenmu on ECOtlOmic. Indigenous pc:oplts luwc: tht right ro tl1t Social tmtl Culrur'al Rights guarantee f1.111· t>rotc:ctlon and, wllerl: at'P'Otniatc, the damemal freedoms of personalintegrily re.ltabilitation of tltc rowl environment and and action; political rights: social and productive capacily of their lands ruul terti· economic rights: cuhuml rights and tories. and the rig1H lO tldequatt assisumce equal protection under the law. Within including irucmalio,lal cooperacicn to this this gu3rantcc is the right of self-deter- trul. mination. including the right to dispose It is dear that IPR should to be seen a.s of natural wealth and resources. This a basic Iutman riglu, worthy of incorporaalso implies the right to protect and con- tion in tht C<lmpaigns of lwman ,ights org:aserve -resources. including intellectu:.\.1 nit<tlions. property. Signincantl)• these human rights . Econon'lic and Social Agreements laws also protect the right to own co11ec· In 1972. the United Nations tive propeny. as well as guaranteeing the Economic and Social Council fonned a right to just and favorable remuneration special human rights Sub·Commission for work-which can be interpreted ns to Study the problem of discrimination work related 10 traditional knowledge. against Indigenous peoples. After releas· Finali)'. they provide for "recognition of ing a lengthy repon that found inadeinterest in scientific production. includ· quate protection of Indigenous peoples' ing the right to the protection of the rights whhin existing international moral and material interests resulting insrrumems. the Sub-Commission (rOO'l any scientific literary or anisliC released various resolutions recomproduction.· mending U>althe UN "Provide explicitly This language is echoed in the Draft for the role of Indigenous peoples as Dcdm·ation on tlte Rights of Indigenous resource users and managers, and ror Peoplc~s which states: the protection of Indigenous peoples' Vol. s No.4 right to comrol of their o'vn tmditional knowledge of ecosystems." It also requested the Secretary-General to prepare a concise report on the c.xtcm to which existing imernational standards and me<:h:misms serve Indigenous people in the protection of Lheir intellectual property. The human righlS commission has played an important role in pressuring other UN agencies to take action through these calls for protection of. and protection for. Indigenous peoples' IPR. Folklore and Plant Variety Protection The U n iu~d Nations Educational. Scientific and Cultural Organization (UNESCO) should be a logical forum for IPR discussion: yet, while UNESCO hns heard "petitions" of complaints by native peoples related to the fields of education. sde.nce. culture and inronnation, Indigenous questions remain marginal 10 UNf:SCOs agenda. The World lntellccwal Property Organization (WIPO) in Geneva has 123 member states that have reached 11 �PERSPECTIVES ON B IODIVERSITY AND IHTELLECTUALc..P ~::;P E RTY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~~ :..cRO :.,::,:::.:.!..... tions or ~rarmers' rights• and '"breeders! gested that IPR is essentially a question rights" have been extensively debated in of religious freedom for indigenous peothis context . In 1987 FAO established a ples. ..- uch o£ what they \VC\I'lt tO COO\· M fund for pL1m genetic resources. with mercialize is sacred to us. \Ve see imel· the idea that seed producers would vol- lectual property as pan or our cultureuntarily contribute according to the vol- it eannot be separated into categories as ume of their seed sales in order to I\Vestcml lawyei'S would wam."' Pauline r finance projeCtS for SUStainable USC of ·- angipoa, a Maori leader, agrees: plant genetic resources in the Third "Indigenous peoples do not li•nit their ~'or1d. Unfortunately, major seed pro· religions to buildings, but rather see the du~rs like the USA opposed mandatory s.'cred in all life." Exploitation and Other Pr<judicial Actions, which recognized individual and <:ollec· contributions to the fund. and il has Cultural Property ti"e folklore tr.1ditions. Though ne"er turned out to be totally inadequate. ratified. these provisions-backed up by In re~m )'ears, Indigenous peoples Etwironmental law: life after the have been incre-asingly successful in criminal pena1L1cs-proposcd prote(tion Earth Summit reclaiming the tangible aspects or their of folklore. including material which has not been written down. ·rheir secon.d The Rio Decl<lralion which emergtd cultures. or •cultural property." from important contribmion was to provide from the Earth Summit highl.ighted the museums aod institutions. This tenn for copyright protection or folkloric per- central importance Indigenous peoples has yet to be clearly defined, but has formances. have in attaining suStainable develoP" come to refer tO C\'erything from objects Within W IPO's jurisdiction, the ment. The Summits legally binding of an to archaeological anifacts, trndi· Union ror the ProtecLion of new V.1rieties "Convention on Biological Diversity"' donal music and dance:. and sacred sites. of Plants provides protect ion to breeders (CBD) does not explicitly recognize IPR The concept of ·cultural heritage· has of new plant varieties that are "'clearly for Indigenous peoples. but its language aJ)I>earcd as a related "legal instn.nnem .. distinguishable," suficiemly homoge- can easily be interpreted to call for such to link knowledge and information to neous.'" and "'stable in essential charac· protection. Following effective lobbying the cultural anifact, and has been used lCriSlicS.,. by Indigenous organizations. signatories successfully as a legal tool in Australia. The critical factor here is to link folk- to the Convention have pledged to: lore and plant genetic resources with respect. presen1e and maintain knowl ~ Customary Law and Traditional intellectual property. his this complicat- edge, innovations. and practices of Practice During inrormal hearings ror the ed legal linkage that allows for expan- Indigenous and local communities sion of the concept of IPR to include tra- embodying traditional lifestyles relevant 1992 Earth Summit in Rio de Janeiro. ditional knowledge. not only about for the conservalion and sustainable use Indigenous representatives pointed out species use.. but also about species man· of biological diversity, and to promote several basic problems with the conagcmcnt. Thus. ecosystems that Me their wider applic:uion with the ceptS of intelleCtual and euhural propermolded or modified by a human pres- approval and involvement of the holders ty: I) The di,osions between cuhural, ence are a product of Indigenous intel- of such knowledge. innovations and intellectual. and ph)rsical propeny are lectual property as well, and. conse- practices as well as to encourage the. not as distinct and mutually exclusive quently, are products themselves-or equitable sharing of the benefits arising for Indigenous peoples as in the Westem offer products-that are protectable. from the use of such knowledge. inno- legal system. 2) Knowledge generally is Furthermore. "'wild .....semi-domesticat· vations and practices. Agenda 21. which communally held. and. a.lthough some ed" (or "semi-wild"). and domesticated accompanies the Convention. specifical- specialized knowledge may be held by plant and animal species are products of ly includes Indigenous peoples and tra- cenain ritual or society specialists (such human activity and should also be pro- ditional knowledge in its "priorities for as shamans). this does not give the SJ>e· action"' toward sustainable develop ~ dalists the right to privatize communal tectable. heritage. 3) Even if legal IPR regimes ment. Fannc·rs· Rights and the FAO were put in place. most Indigenous The UN Food and Agriculture Religious Freedom comnmnities ,.,,ould not have: the finan· In a seminar on IPR at the United cial means to implemem. enforce. or litOrganization (FAO) has worked to find ways for developing countries and Nations Human Rights Con\'entiOI'l i1'l igate them. It was clear that under some ..Third \\'orld rarmers'" to get a share in Vienna, June. 1993. Ray Apoaka of the drrnmstances commercialization or . the huge global seed market. The ques· Nonh American Indian Congress sug- knowledge and plam genetic resoun.-es continued on pg. 37 broo1d agreements on the terms .;indus· trial property' and · copyright." Ho\vevcr. wilhin the \Vli>O framework Indigenous IPR. as cotleclive propeny. would be considered folklore and not protcctable. In 1984. however, UNESCO and WI f>O developed Model Previsions fer Natiorwl Laws on the Proccction of Exi>rcssions cf Foll1lcr< Against Illicit 12 IV>-(a Yala News �CONT I N U ED Biodiversity, Community Integrity and the Second Colonialist Wave Guatemala Peace Talks < Continued from pg.12) <Continued from pg.26) mighr be desirable. bm rhe prime desire f<>r Indigenous peoples was an IPR regime that suppons their righl to s.1y '"NOM to privatization and commercial· iu uion. Indigenous delcgares mcering in Rio de Janeiro released rhe Kari·O.:a Dttlamrion and ln<lig<nous Peoples' Earrh Charter. Clause 95 Slates d>at "Indigenous wisdom musr be reoognized and cnoour· aged." but warns in Clause 99 thar "Usurping of traditional medicines and knowledge from Indigenous peoples should be considered a crime against peoples." Clause I 02 of rhe Kari·<Xa to discuss rhc evolving IPR debate. During the 1993 UN Year for the Worlds Indigenous Peoples. intellectual and cultural property righiS were on the agenda of ne.1rly every major Indigenous encounter. One of the most lacking areas of IPR research is that or non·western IPR regimes. Up to now. the debate has centered around UN and \Vestem concepts of intellectual and genetic property. But whar abom the property rxgimcs of Indigenous peoples themselves? A syn· thesis and :\nalysis of non-Western S)'$tems would be very helpful in finding cre:uive solutions to IPR protection. Declaration is e.xplicit about indigenous peoples' concern on IPR issues: As creators & carriers of civllizar!ons Conclusion \\·hich have given & conlirwc ro sJwrt It is fundamental that IPR/TRR lmowltdgc, experience & values with should nor be used simp!)• 10 reduce tra· humanity, we n::quht that our rig'u to intc:l· ditional knowledge into Western legal · kcttwl & cultural t>roperties be guarameed and conccprual frameworks: Indigenous & that the mechanism for racl1 implemrn· legal systems and conccprs of property ration l>t in favor of our p<oplrs & srudied righiS should guide the debate. The role in depth & imt'ltmcnU<L This respect must of scicmists, scholars and law)'ers lndude the right over gttiClit raourtt."S, should be to provide informarion and gtlle banks. biorechrwlogy & knowledge of ideas; it will be Indigenous and rradibiodivCI">ily programs. rional peoples rhemsclves who will. in Since the Earth Summir. dozens of man>' different ways. define Tradhionll conferences, seminars and workshops Resource Righrs rhrough practice and ha,·e been held by Indigenous peoples experimentation. VOi:SNo. 4 ator to work with both panies. On January 4. 1995. Siglo Veinliuno reponed that President Ramiro de Leon plans to sign a peace agreement on Februar>' 24. The more direct intervention of rhe UN Secretar)' General appe~rs to be producing results. but it remains to be seen. It is interesting to note that neither Lhe Government nor the URNG has clearl>' presented its respective posilion to the Maya community or to the Guatemalan populace. Each of the tWO seem to have used the Maya comnnmily as a pretext to drag out the process toward a peace that didn'l sui! either one. In times of peace. you cannot justif)' the e.xistence of a repressive military. nor of a radical guerrilla movcmenl. That is why we must contin\IC to rcasscn the final words of Se<:rctary General Ghali : "The participants in the Guatemalan pe-ace process must. renew their commiuncut to a dynamic negota· tion that provides clear direcuon towards a quick and just resolution lO the conflict." Along wirh Mr. Ghali. the Maya. the principal-and numerous-vic· tims of this conflict, request ..a jltSt resolution" for themselves, for their children and for Guatemala. 37 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Safeguarding Indigenous Knowledge: Intellectual Property Rights and the Search for a New Framework Type The nature or genre of the resource Journal Article Creator An entity primarily responsible for making the resource Darrell A. Posey Date A point or period of time associated with an event in the lifecycle of the resource 1994 Language A language of the resource English English Zotero Title Safeguarding Indigenous Knowledge: Intellectual Property Rights and the Search for a New Framework Item Type Journal Article Author Darrell A. Posey Volume 8 Issue 4 Pages 9-12, 37 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date 1994 Language English Abstract Note Safeguarding traditional knowledge and biogenetic materials has become a major issue among indigenous peoples. The article explores what is at stake for indigenous communities as well as possible frameworks for protecting resources and knowledge. Attachment Title Safe_guarding_indigenous_knowledge.pdf Attachment URL [No URL] Bioprospecting Intellectual Property Rights Traditional Resource Rights https://www.abyayalanews.org/files/original/e3f1e0ebac8291945025115b4dd33937.pdf 95426830901ddba0c59f737f27e049e6 PDF Text Text SA I I C you have probably heard, SA!IC has moved to a new office pace on the third noor of 1714 Franklin, also in downtown Oakland. \Ve inaugurated the new office on Dec. The Abya Y Fund. a newly founded ala Indigenous foundation, is also taking off. and will be sharing SAIIC's expand· ed office space until it finds its own 16 . Among the many visitors were Mapuche representatives from the Kimberly Rosa. Development and Administrative Coordinator for the last two and half years has left SJ\IIC to help stan a community 1 nediation program in San Luis Obispo county. where she moved in the m iddle of December. Kim will be in contact with SJ\IIC until her replacement is oriented to the work. Kim has been of tremendous value. in building SAIIC's administrative and financial tapaC and we will miss her lly. presence in the office. In other major staff changes. SAIIC is pleased to announce that Leticia Valdez has been hired for the position or administrative coordinator. Constanza Castro and David Tccklin who have managed jour~ !'al production for the last year and a half will be turning the role of coordination over to Rcynaldo V asquez. Al fonso Jaramillo who designed Abya Ya.la News' current fonnat and has pro~ duced last year's editions will also be leaving this work. SAliC continues to move forward with efforts to use computer networks to advance ils work. Marc Becker. who continues as communications coordina· tor, has helped establish an electronic conference on PeaceNet called saiic.ind.igo, ond has facilitated board Consejo de Todas las Ticrras in Chile. These representatives did several presentations in the area relating to NAFTA, where they expressed their opposition tO the free trade agreement wh ich wtll negatively affect the land and natural rc::sources in their territory. They were enthusiastically received in the San Fmncisco Bay Area and are planning future tours of the US. In October, we were honored to have a visit from the Quichua leader Luis Macas. President of CONAIE. the national lndigenous organization in Ecuador. He was attending a conference of Goldman Environmental Pri_e winz ners. and took this opportunity to make several presentations to l.uge audiences · at UC Berkeley. Board member Guillermo Delgado debated Indigenous issues in the National Association of Anthropologists meeting that took place in Atlanta, GA. B oard member Alejandro Argumedo panicipated in the Conference of the Panies tO the Convention on Biological Diversity in the Bahamas in Nov. and Dec. and lobbied for provisions to protect Indigenous bioculmral resources. Vol. 8 No.4 loc~uion . members communication through email. As a reminder to SAIIC supponers who have an email account but are not on Pe.aceNet. you can receive copies of postings to this conference by send· ing a note which simply says, ·subscribe saiic- J • to majordomo@lgc.ape.org. Either read saiie.indio on PeaceNet or subscribe to s.:1.i.ic~ l in otder to receive urgem action <\.lens and other news fr om SAil C. tf you have que-stions about how to access this infonnation, please contact Marc at the SAIIC ofnce. Email users can also retrieve an electronic copy or SAIIC's brochu.re which describes our work by sending a blanck email note to saiic-info@igc.apc.org. If you use gopher. you ca.n find a copy of \his brochure: • • • . Finally. SAJIC has also established Its presence on the Internet in the form of a World-Wide Web Home Page . Use your WWW b rowsers (such as Lynx, Netscape. or Mosaic) to a c c e s s http :1/igc .ape. org"saiic/sai ic.h tmi. SAIIC cominues to seek to broaden the base of subscribers to Abya Yala News. Please help us by asking your friends to subscribe. In addition. we urge you to clip t he Library Recommendation Fom1 below and submit it to your local public or universily library. This is o highly effective manner o f spreading Indigenous perspectives more widely. 39 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource News from SAIIC... Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title News from SAIIC... Item Type Journal Article Volume 8 Issue 4 Pages 39 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note SAIIC has several important updates regarding new opportunities and incoming staff. Attachment Title News_from_SAIIC.pdf Attachment URL [No URL] CONAIE NAFTA saiic