1 12 25 https://www.abyayalanews.org/files/original/50465726ca2e5b945051ac286d8e8d3d a94cddbeb496cf3d9559a48e6cfc0583 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. 10, no. 4 (22-24).pdf PDF Text Text B YA Y A l A --------~----------------------------------------------------0 F DAUGHTERS I that they can influence the public sphere and licia Canaviri, Aymara, is a obtain positions of power to better protect social worker and community their culture and their rights. Alicia told us organizer. about the necessity of CDIMA's work when She is the general coordinator of the Center for Aymara she was in Oakland this summer. Women's Develop (CDIMA) in La Paz, Bolivia. CDIMA works to help Aymara communities, especially women and young people, overcome discrimination and poverty by providing training and educational workshops. CDIMA rose out of the severe social, economic, political and cultural crisis facing Indigenous women, who were suffering discrimination and exploitation by the system for being women, for being poor and for being members of an oppressed people. As Indigenous women they were seeing the price l of their products fall, and their work undervalued, underpaid and unrecognized. The 'I' fact that there are no laws to protect 'I Indigenous women's work is a grave injustice, which Alicia would like to remedy. CDIMA develops programs to empower and educate Indigenous women and youths, the most marginalized sectors of Bolivian society, so How is neoliberal globalization affecting Indigenous communities in Bolivia, and how are you, as an Indigenous woman and a founder of CDIMA (Aymara Women's Development Center), trying to empower Aymara women and young people to be able to face this new ideology of economic development? It is true that this situation is affecting all Aymaras and certainly all Indigenous people in Latin America. I will speak about this neoliberalism in respect to how it affects Indigenous women. In Bolivia, the systemic problems are very serious. We suffer exploitation, oppression, the marginalization of women, especially Indigenous women. A woman who doesn't know how to read or write is scorned. In order to attend school, one needs to know the Spanish language. Therefore, when I was ten years old, I learned to speak Spanish because 1 had to. If I only spoke the Aymara language, I would be severely discriminated against in this society And my fate was already decided because I was an Indigenous woman who wore a comisa de pollera y una chompa de obeta (traditional clothing) and therefore I wasn't worth anything. I automatically didn't matter. It hasn't changed. It is an experience that I've had all of my life, not only when I was young or when I was in school. When Indigenous women begin to look for work, they are never treated equally with other women and even less so with men. There is a triple discrimination against an Indigenous woman: for being a woman, for being Indigenous and for being poor. I and my Indigenous sisters in Bolivia and across Latin America have suffered this every day of our lives. For this reason, CDIMA, a group of Aymara women was born. We organized ourselves for the purpose of educating ourselves and empowering ourselves to defend our culture and our language. Our language was used as the means to achieve our goals of defending the thoughts and ideas of our people. We began to work initially on a voluntary basis to fight against marginalization, exploitation, and the different forms of oppression against the Aymara woman. We began to work with the local women's organizations in different rural communities. Women in these small communities have no opportunities to enter the public sphere, and are not encouraged to make any effort to do so. We met many women who had previously received certain kinds of training for women to make them good housewives. They had been taught little manual skills, how to cook, how to take care of their children, all in Western style. When we began our work this was the only type of training available for women. Continue on page 23 --------- ------------------------------------------------ 22 Abya Yala News �DAUGHTERS We confront this situation by offering another kind of training. We taught them to analyze their situations in their communities: What role do women play at the local level, within their own communities? What role do Aymara woman play in the power structure at a national level? All this internal analysis has affected the women in the communities and shown them that they are marginalized. Once women began to question their positions in the community and beyond, they began reacting against this marginalization and discrimination. Aymara women are confident that they as women can do important activities to benefit the entire community CDIMA does not work only with the women. We also work to educate the men and raise their consciousness. In the past, everyone only worked with the women, but in order to really change the situation we need to work with the men also. The women began to invite their husbands to our meetings and the men began to come and we began to work together. This has been successful in many communities. Women and men both participating is a positive step, because it is crucial for both Indigenous men and women to work together in the struggle to control our communities. What type of training did you give the women? Can you give us some examples? Initially, we had women leaders discuss their experiences: the history of Indigenous villages, the participation of Indigenous women, all of this. This work proved to be very worthwhile. Then, we began to work at organizing from the base level. And during the different courses and activities that we did, the women selected those people who had the potential to be leaders in their communities. Out of the 8 communities, 40 women were chosen. We worked with these 40 women in intensive courses to train them to be leaders. The first thing that we taught these potential leaders was to lose their fear. The women were scared of speaking in front of people, so we worked with them on public speaking because most Indigenous wDmen are not accustomed Vol. 10 No.4 0 F B YA YA to it. The three steps of the courses are to identify their fear, then work on selfesteem and confidence raising to help them overcome their fears, then to apply this new confidence to their relationships. These three things are fundamental in order for a woman to become empowered as an individual within her community This is one of the goals of our work. The 40 women who participated in these intensive workshops learned how to overcome their fear of speaking in public, and more importantly they learned to speak their minds freely without fear. working with young people. As I said initially, we work mainly with the two most marginalized sectors of the society, women and youth. We have seen in Bolivian society that these two sectors are completely forgotten by the central government. The youth in our country are managed, governed as a minority, as dependents. And what we want is a space for this minority in the power structure, at the national and international level. In the first place, we believe that Indigenous people should govern themselves, and be represented in the Parliament of Bolivia. These first 40 women are now liberated, empowered, and organized to defend and fight for the rights of the Aymara woman. Our organization is dedicated to providing training and educational opportunities to all Aymara women. It is fundamental that the women are trained to occupy important positions. If they are not trained, they will never break into the system. It has been very important to train the adult women, because they act as mentors in the society Therefore we work with the women who educate the children, and with the youth, because they are the future of the country and the future of the Aymara people. We have taken on this marginalized sector of society, because it is here that the great potential for our people lays. Another objective of CDIMA is to work in conjunction with other Indigenous organizations, not only Aymara organizations, but with all types of organizations at the national level. There is a relationship between Aymaras and Quechuas, and between Indigenous women's organizations. This exchange with other organizations helps our Aymara people think about their actual situation and question it and compare it to the situations in other Latin American countries with relation to globalization. Together we investigate the economic problems being created in these countries and the destruction of the environment. In our villages, many times we don't know in advance what the results will be when big companies bring in equipment to cut down the forest. For example, many forests disappeared without the Indigenous people being aware of what was going on. But through organizing and becoming educated, we can defend our rights and the land. l A We did a diagnostic on the young people's situation within the communities. We went to their villages and met with them, because we believe that the youth are people too. In Aymara when a person is of a certain age and is not married, he is not considered a person and we call him "eljaque". We have seen that because of this stigmatization, the young people marry and are required to take on a position without any knowledge or experience and are easily manipulated by the different political parties. This is why it is extremely necessary that we need to train this sector. Initially, when we went to the communities, the young people (13, 14, or 15 year-olds) would run away from us. This forced us to adapt our methodology of work. We would bring balls and play in the fields and after some games we would have a little break in which we would ask them what role they (the youth) play in the community You also educate and train the Aymara young people so that they will be able to defend their Indigenous heritage. What kind of programs do you have for these youth whom you are helping learn how to defend themselves? We saw that the youth were being neglected. And so we met with the authorities and the fathers of the families to ask them what are they doing to benefit the young people, so that they are able to be productive women and men in the future. The youth are seen as children, CDIMA has had a lot of experience and not as people who have roles in the ____________ C_on_t_in_u_e~on. page ?-i__ __ 23 �A By A Y ALA DAUGHTERS 0 F ------------------------------------------------community We discussed with the communities what happens when our young people grow up without receiving any education or training. We began organizing traditional music and dance classes for the young people of the communities. We are also teaching them our stories. Right now, we are organizing a competition in the stories of our Aymara ancestors. The young people who know the ancestral traditions and tell the story best will win a prize. We want to educate the youth in what our stories and traditions mean. Through these classes we help them to learn who they are and to identify with the land, because without knowing who they are they will lose their identity And if before they liked Western music, now they like our own traditional music. For example, one of the young people came to one of the classes and listened to the traditional music. He said "This music is different. I feel something for this music, it attracts me, I don't know, in my body something else happens. And before when I listened, I didn't feel anything. But now, I don't know, it makes me sad, it makes me melancholy" It is experiences like this that prove that we have succeeded is helping the young people feel that our music is their own. One of our greatest achievements is that our young people identify as children of Aymaras and as Aymaras. We are proud that they take Aymara as their own identity One of our objectives is that the young people who enter into high schools and universities and other jobs remain Aymara. We also want the youth to learn about their rights as Indigenous people and to form concrete ideas about their future as Indigenous people. In the communities where we work, we actually have around 30 young people that are creating their own proposal, calling for popular participation as a base for local power. This proposal will truly defend our rights and help us to defend against the outside influence of globalization. If we don't educate our children, they will be manipulated by other people. In our communities, it is necessary to defend against all of the types of exploitation that exist. We need to defend ourselves with knowledge, through information and training. If this does not happen, Indigenous people are going to continue to be manipulated, to be exploited, and to suffer as a result of this neoliberal system. The youth, women, and men are now creating their own ideas about development from their own communities without losing their identity, without losing their traditions, without losing their language. One of the biggest obstacles in the present system is that Aymara youth have no opportunities to become professionals. They remain in their communities or they go to the big cities to be day laborers, to be white peoples' assistants, to be porters or simply to be drunkards. This is the life of Indigenous young people in the cities. And what we want to do is train the youth so that they will grow up to be great men and women and play an important role in the cities and in their communities. Because of our work, the young people think differently now. They want to be professionals. They are eager to be trained. They have a better education and greater self-esteem and can there- A fore enter into positions of L power. Of course, in relation E to the population, this is a N small group of young peo., ple; between those trained D and those in training, there A are around 369 young peo- R ple. We want at least 50% of I these young people to 0 become professionals. And if they aren't professionals, then we hope that the majority hold important positions within different spheres, as directors, as leaders. We also hope that when they obtain an important position within the public sphere, they won't be used and manipulated by political parties, but will be true to their own personality which is Indigenous. c . Our major goal is that in 10 years we want to see our Aymara young people trained as professionals and to see them in Parliament. There are possibilities through new laws that have been implemented in Bolivia. If they achieve this, their goals are realized at the public level and they are in the power structure and can work for their people and for their nation. One of our biggest objectives is that at least 10 young people, after 10 years will have entered the governing body For us, for CDIMA, this would be a great success. And if there are more, that would be even better. They can set an example for the other youth in the community And I believe that this is a realistic goal because the 30 young people with whom we are working now, are beginning to work with confidence. What advice would you like to give to the Indigenous movement and to Indigenous young people in particular? I would like to tell the youth that in the first place we need to think about what is happening with our people. What is our place within the society and what is happening in our countries with the young people? What do our governments say about the youth? And by responding to these questions, maybe we can escape the situation in which Indigenous young people are currently The young people will allow us to move forward with our A y M A R AA c T u A L initiatives and the initiatives of our ancestors. Therefore what I want to say is that we have to continue the struggle. We can't leave our culture. As Indigenous people we have to face the situation and move forward, making sure that our people are respected, that our rights are respected, and that the youth are educated and trained. Because, with training, it is possible for them to achieve everything that they desire. If we don't have training, if we don't have better information and education we won't be able to move forward. This is the most important thing that I have observed. When the youth are informed and understand what is happening around them, then they can reflect on it and propose their ideas about overcoming the problems of their people. ~ f' I 24 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. 10, No. 4 (Fall 1997) 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 Alicia Canaviri talks to SAIIC about Women... Young People and Globalization in the Indigenous communities of Bolivia Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Alicia Canaviri talks to SAIIC about Women... Young People and Globalization in the Indigenous communities of Bolivia Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (22-24).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note Alicia Canaviri talks about teaching and training indigenous women and youth in professional development. Pages 22-24 https://www.abyayalanews.org/files/original/fffaf0681ec601db9d769dc58b19cd2e 59e658f1f57ef7855249f113a802e122 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. 10, no. 4 (36).pdf PDF Text Text I I N Ew s SA I I C F R 0 M i I i AIIC is proud to have the presence of Laura Soriano, as a our new Executive Director. It is important for us to recognize Laura's accomplishments and to acknowledge her energy and contribution as a young Mixteca and Zapoteca woman, originating from Oaxaca, Mexico. Laura has emphasized that she is guided by the words and advice of her elders, her grandparents and family Her father is Mixteco from a community near Nochiztlan, Oaxaca. Laura's mother is a Zapoteca from Tlacohuaya, Oaxaca. Their family migrated to Oaxaca City; where she was raised in a traditional family environment, as well as being exposed to an educational system that to this day, is demeaning and discriminatory towards Indigenous students. She persevered and received a full scholarship to attend Principia College, in Illinois, where she received her Bachelor's degree in International Relations. While in University, Laura had the opportunity to complete an internship with the Council of Mayan Peoples in the Guatemala countryside. While working with the elders in these communities, she defined that her life work and purpose is to serve and to dedicate herself to issues relating to Indigenous peoples. Laura has worked with the BiNational Oaxacan Organization, a grassroots Indigenous organization that fights for the rights of Mixtec, Zapotec and Triqui people across both Mexico and the United States. Laura has also provided workshops on human rights, as well as educational workshops on international trade agreements that have had a direct impact on Indigerrous communities. She 36 • • presented these workshops in communities that are primarily monolingual, speaking their own Indigenous languages and dialects, and need help with Spanish. She learned to be creative and clear in her explanation of these international issues to the people with whom she worked. She also worked with the Center for the Homeless Children of the Streets, which provides social services and resources for homeless children of Oaxaca City She worked with these street children living amidst intense poverty; many of whom are young, orphaned, Indian children. She could relate to the children's experience of explicit discrimination. es constant, yet subtle need to prove herself amongst Native men. Many Indigenous women who are actively involved in Indigenous organizing find that this need to emphasize the importance of mutual respect is a crucial step in beginning the consciousness raising amongst our own men in our communities. There is a need to continue nurturing a reciprocal relationship of respect and responsibility and to constantly reaffirm the value of the roles and responsibilities of Native women. Laura continues to coordinate SAIIC's radio program, "Indigenous Voices" which is sent to l l 0 Indigenous organizations in Mexico, Central and South While here in the America. From the posSan Francisco Bay Area, itive feedback and Laura has worked as a encouraging letters of "community organizer" support from the recipwith the Center for ients of the radio proThird World gram, it is apparent Organizing, based in that Laura's work has Oakland, California. been very successful. Laura has also provided She is now doing a year valuable input towards long apprenticeship at the initial organizing KPFA, in Berkeley, and formation of the where she is learning Abya Yala Fund, workradio production and ing directly with Laura Soriano, SAIIC's newly engineering. Indigenous representa- elected Execut1ve D1rector tives and leaders and facilitating their Laura shares with us her enthusiasm, meetings. It is most evident, from her her determination to struggle for the wide range of experiences, that Laura ideals and the cause of Indigenous peameets each challenge with the greatest ples; to persevere, to be patient, and to be capacity and potential. conscious of the spiritual ways and traditions. Laura is a great inspiration and During the summer of 1996, Laura example to all Native women. The sucattended an intensive journalism training cesses and accomplishes of Indigenous program in Madrid, Spain. Provided by women are not only personal, but are also EFE, the Spanish International News reflective of the strength of our people. Agency; it was a successful step in includ- We at SAIIC are honored to work with ing Indigenous journalists in the multi- Laura and to share our experiences, media, mass communications world. The visions and to riurture the on-going purpose of the program was to provide an process of assuring the inclusion of opportunity for Indigenous journalists to Indigenous women in decision making develop their networking skills, and to processes. create a space for Indigenous issues to be in publication and featured in the various '1fin~t :P~tc~ttdiJ communication media. Laura expressed President of SAIIC's Board of Directors that one aspect of this challenge was the 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. 10, No. 4 (Fall 1997) 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 An Introduction to Our New Executive Director: Laura Soriano Morales Type The nature or genre of the resource Magazine Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title An Introduction to Our New Executive Director: Laura Soriano Morales Item Type Magazine Article Attachment Title Vol. 10, no. 4 (36).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note Laura Soriano Morales is the new executive director of SAIIC Pages 36 https://www.abyayalanews.org/files/original/8d717b4e41078f8ec86f1387b4f375e1 ac0825ca594dfc0a81e1fbfb324f8386 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. 10, no. 4 (4-5).pdf PDF Text Text 1-1 B R I E F The first International Seminar of Indigenous Peoples of Brazil, Venezuela and Guyana regional seminar of Indigenous people from the border areas of Guyana, Brazil and Venezuela took place from August 2 7 through August 30. The seminar was held by Conselho Indigena de Roraima (CIR), in conjunction with the Consejo Nacional Indio de Venezuela (CONIVE) and the Amerindian Peoples Association (APA) of Guyana in the Boa Vista region of the northern Brazilian state of Roraima. Industry, government and NGO representatives attended the seminar, along with about eighty Indigenous leaders. The Indigenous representatives from the three countries met to discuss some of the regional development projects that are taking place in their territories. They call for legal guarantees for and removal of invaders from their lands, and demand that environmental impact studies be completed before the governments proceed with large-scale infrastructure projects, including: the Georgetown-Boa Vista Road, the Guri transmission line, BR174, and mining in all three countries. The tropical forests and highland savanna areas around the Brazil-Guyana-Venezuela border region is home to 35,000 Indigenous people. The area, rich in mineral and forest resources, includes crucial upper watersheds of the three major river systems of South America, namely the Orinoco, the Amazon and the Essequibo. Brazil and Venezuela plan to build a 685 km power line from the Guri hydroelectric on Venezuela's Caroni river to supply electricity to Boa Vista and Roraima state in Brazil. The power line would cut through three Indigenous areas in Brazil and most of the Venezuelan right-of-way runs over Indigenous territory, as well as Canaima National Park (a World Heritage Site). The Venezuelan delegation made a public declaration of their continued campaign to get the Venezuelan government to bring their national laws with respect to Indigenous people in line with international standards. CONVIVE demanded a change in Venezuela's archaic laws with regard to Indigenous peoples and focused on their opposition to the Guri transmission line. CIR is calling for the guarantee of Indigenous land rights and environmental protection before building the Guri transmission line. In Guyana, the Amerindians are demanding that outstanding land rights issues, both in general and in relation to the road improvements being done between Boa Vista and Georgetown, be addressed before the government continues. Many Indigenous communities in Guyana are without legal rights to their territories. The Indigenous people in Guyana are also constantly under threat of losing their lands to logging and mining projects in the area. There is a high rate of uncontrolled mining and logging on their lands, and the Indigenous communities are not consulted or even notified when these concessions are granted by the government. After the seminar a list of twelve demands was drafted by the 4 Indigenous people. Some of these demands include: 1) That Indigenous peoples be respected as culturally distinct ethnic peoples with rights to self-determination and the right to define our own projects for our present and future life, 3) that the construction of military bases on Indigenous territory be stopped, 5) that the government support projects developed by Indigenous peoples, such as Indigenous education, Indigenous health, radio communications, transport and economic activities, 7) that the funding for large projects in our countries that depend on international financing only be freed after Indigenous approval, 8) that a moratorium be called on new mining concessions until national laws be reviewed and the impact on Indigenous rights and biodiversity be determined. For further information please contact: David Rothchild,Coalition for Amazonian Peoples and their Environment, email: amazoncoal@igc.apc.org, tel: 202-637-9718; Steve Schwartzman, Environmental Defense Fund, tel: 202-3873500; jose Adalberto Silva Macuxi, CIR, tel:55-95-224-5761; Jose Poyo, CONIVE, tel: 83-551095;]ean La Rose, APA, tel:592-2-70275 Brazil-Charges Reduced for Brutal Burning of Pataxo leader o the outrage of Indian Rights groups, Federal judge Sandra de Santis Mello has reduced the charges against the youths who burned an Indigenous leader in Brasilia last spring. On the evening of April20, five upper-class teens set Galdino jesus dos Santos on fire, as the forty-four year old leader of the Pataxo tribe slept on a bus stop bench. Public outcry followed the attack, and local officials called for an official three day mourning period and strict punishment for the youths. Four of the teens confessed to intentional homicide, and the fifth, a minor, was sent to a juvenile correction facility However, in a recent ruling the judge has reduced the charges against the young men, claiming that they did not intentionally murder their victim. Where the homicide charge has a maximum 30-year sentence, the charge of committing bodily harm resulting in death carries a 4 to 12 year sentence. Along with the lesser charge, judge Mello ruled against the prosecution's claim that dos Santos was unable to defend himself. These recent decisions meant that the youths are now eligible for bail. During the week of August 21, Galdino's family staged a protest against judge Mello's recent ruling. The family and supporters of the Pataxo made clear that they will continue fighting to ensure that the assassins of Galdino get the maximum penalty In Brasilia, the Pataxo were granted an audience with president Cardosa and with the chief justice of the Supreme Federal Court, Celso de Mello. Both officials claimed lhat they could not interfere in the decision, but that they sympathized with them in their pain. The Pataxo Ha-ha-hae took advantage of the audiences to request that the authorities recognize their right to the Caramuru-Paraguassu Indigenous Area (located in the municipality of Pau Brasil, state of Bahia,) the issue that brought Galdino to Brasilia. The 53-thousand-hectare area in question Abya Yala News �IN was demarcated but is full of invaders. An appeal requesting that all possession deeds held by the invaders be annulled has been circulating in the judicial process of the Supreme Federal Court since 1982. The Pataxo delegates also asked president Cardoso to ratify ILO Convention 169, to speed up the voting on the Charter of Indigenous Peoples, referred to the National Congress for approval in 1994, and the revocation of decree 1,775/96. Several human rights groups, environmental and Indigenous organizations, together forming the Galdino Commission, launched a manifesto and a proposal for a signed petition to gather signatures in support of the Pataxo and against the decision of Judge Mello. The document calls on all persons who sympathize with the Indigenous cause to express their indignation at the decision, which it describes as "a serious threat to justice, as it can trivialize impunity, discredit the court system in our country and serve as an incentive to criminal acts." The signed petitions will be delivered to Judge Sandra de Santis Mello and to the Chief Justice of the Supreme Court of the Federal District and Territories, Carlos Augusto Machado de Farias. Information from: Cimi-Porantim, Noticias Aliadas Hunger Strike in Honduras: Indigenous Demands Continue Unrecognized ndigenous groups in Honduras returned to the capital of Tegucigalpa July 18 to renew their protests against the government. This was the start of an extended hunger strike in response to the government's neglect of the agreements made with the Indigenous people on May ll of this year. The three main demands of the native people of Honduras were: access to traditional lands belonging to the Chortis in the regions of Copan and Ocotepeque, reduction of the level of violence and political repression in their communities and the installation of the accords ratified in ILO Convention 169, which demand the return of Indigenous lands and respect for Indigenous cultures. Despite the detailed negotiations in May, the Honduran government has failed to uphold their part of the agreement. The politically motivated assassinations of Chortis' leaders Candido Amador and Ovidio Perez have not been investigated, although that was part of the agreement made by the government in May BRIEF the Chorti people that was quickly rejected by the government negotiators. On August 14, while the negotiations were going on, the Indigenous groups on hunger strike in front of the National Congress Building were visited by seven armed gunmen. These men, reportedly members of Honduran security forces, entered the area as plain-clothed civilians. Two were disarmed by the protesters causing the other five to flee. After eight hours of deliberations on the 15th of August, an agreement was supposedly reached between the government and Indigenous leaders. This agreement included a government promise to turn over about 2,000 acres of land to the Chorti communities by August 19. The next day, however, it was discovered that 400 manzanas of land promised by the government will not be turned over by this date. The land, which is currently owned by the Municipality of the Copan Ruins argued that the National Government is not offering them a fair compensation for the land and filed a claim which delays the turn over of the land indefinitely Nevertheless, while Indigenous leaders are meeting to determine what steps to take, the national and international media have reported that the crisis is over and that the hunger strike ended with the Indigenous people satisfied with the results of the negotiations. The crisis has only moved into a different stage. By August 20, the last of the protesters and hunger strikers withdrew from their vigil after the government turned over 914 manzanas (1,000+ acres) to the Maya Chorti people. This represents 10% of the land promised in the May Accord, but it was enough for CONPAH to decide that the rest will have to come later. Indigenous leaders decided to withdraw upon reviewing what was gained, together with an evaluation of the health of the hunger strikers. Although the spotlight has fallen off the situation, the Honduran government must comply with the May Accord which includes: l) land titles for more than 8,000 hectares for the Chorti; 2) Investigating and bringing to justice the murderers of Candido Amador and Ovidio Perez, including an internal investigation into possible involvement by the armed forces; 3) Food for work; education, health and housing assistance and technical support for agricultural projects; 4) a Legislative initiative on Indigenous issues; 5) and human rights protection for the Indigenous people, including a general disarmament of individuals with heavy weapons. Information from: Amnesty International and CONPAH. The renewed negotiation process that began this July is at a standstill. The Honduran government asked the Indian leaders to form a team of lawyers to help the Indigenous people understand the laws related to land issues. The Confederation of Indigenous Groups in Honduras (CONPAH) put together a team of lawyers who determined that the government was using old agrarian reform laws as a framework for negotiating. These laws, however, do not recognize the special status of Indigenous people. The team of lawyus presented an expropriation law for Vol. 10 No.4 For more information please contact: International Solidarity Coordinator Laura Harms 1aura@conpah.sdnhon.org.hn 5 � 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. 10, No. 4 (Fall 1997) 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 Brazil- Charges Reduced for Brutal Burning of Pataxo Leader Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Brazil- Charges Reduced for Brutal Burning of Pataxo Leader Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (4-5).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note After killing an indigenous man by lighting him on fire, the five convicted assailants are no longer being charged with homicide, but on lesser charges. Pages 4-5 https://www.abyayalanews.org/files/original/a2a0ff3eb3792caaf6ce4f53258126e9 8ebf698f5b5f9096aa4ec4539e5ab38f 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. 10, no. 4 (2).pdf PDF Text Text SAil C Co The South And Meso American Indian Rights Center TENTS Editorial .................................... 3 In Brief .....................................4-5 Convention 169 of the ILO An Introduction to the ILO .......................6 ILO Convention 169-Can it help? .................. 10 Mexico: Interview with Margarita Gutierrez .......... 12 Costa Rica: dealing with the highest law in the land ... 14 Guatemala: Convention 169 and the Peace Accords ... 17 Self Determination and Territory Panama: Naval Base in Kuna Yala ..................20 Ecuador: Indigenous Protest ......................21 Daughters of Abya Yala Bolivia: Interview with Alicia Canaviri ...............22 Environment Chile: Ralco Dam threatens Pehuenche .............25 Venezuela: lmataca Rainforest Reserve .............30 Human Rights Indigenous People at the U.N. . ...................32 Mexico: Zapatista march to to the capital ............34 Announcements Profile of SAlle's New Director ....................36 SAlle's Annual Board Meeting ....................37 NOTE: These articles have been revised, updated and edited. To keep them up to date, new information has been added. *Abya Val a is the Kuna word for Continent of Life which includes all of the Americas. Abya Yala News Editors: SAIIC Board of Directors Copy Editor: Jessica Falkenhagen Layout and Design: Edgar Ayala! Grassroots Publishing Cover Photo by: Alexandre Sassaki SAIIC Staff Executive Director: Laura Soriano Morales (Mixteca!Zapoteca) Journal Coordinator: Jess Falkenhagen Radio Program Coordinator: Laura Soriano Morales SAIIC Interns Paulus Bouma, Wouter te Kloeze, Nick Luem, Jessine Foss SAIIC Board of Directors Gina Pacaldo (San Carlos Apache-Chicana) Carlos Maibeth (Miskito-Nicaragua) Mariana Chuquln (Quichua-Ecuador) Marcos Yoc (Maya-Kaqchikei-Guatemala) Amalia Dixon (Miskito-Nicaragua) Alejandro Amaru Argumedo (Quechua-Pen.J) SAIIC Advisory Council Ruilno Domingez (Mixteco-Mexico) Luis Macas (Quichua-Ecuador) Atencio Lopez (!<una-Panama) Subscriptions: Abya Yala News (ISSN I071-3182) is published quarterly in English and Spanish. It is available for an annual US$25 individual membership, US$15 low-income subscription, US$25 for Indigenous/social justice non-proilts, US$40 for institutions. For Canada and Mexico add US$5, for all other international memberships, add US$1 O.Your donations help us send the journal free in Spanish to Indigenous organizations in the South. We welcome submissions of articles, letters, photographs and relevant information. Letters and articles may be edited for length. If you have access to a computer, please send your article on paper and on an Mac-compatible 3 I/2 inch disk. Send all correspondence to: SAIIC: P.O. Box 28703 Oakland, CA 94604, USA Phone: (51 0) 834-4263 Fax: (51 0) 834-4264 e-mail: saiic@igc.apc.org We would like to thank the following individuals and organizations for their generous assistance or contributions to Abya Yala News: Adriana Ballen, Gerard Schulting, Margarita Gutierrez, Chandra Ro)i Victor Montejo, Atencio Lopez, Mina Davis Caulileld, Alicia Canaviri, Dario Jana, Susana Sawyer, David Rothchild, Armstrong Wiggins, Guillermo Delgado, Eric Bergman, Akiyoshi Aiida. Organizations: Survival International, DoCip (Switzerland), Rainforest Action Network (USA), Amerindia (Spain), Napguana (Panama), CONAIE (Ecuador), International Rivers Network, Amazon Coalition, Community Consulting Network, WATU (Spain). Publications: Servicio lnformativo (Agencia Latinoamericana de Informacion), Indigenous and Tribal Peoples: A Guide to ILO Convention 169. Thanks to the following foundations for their generous support: John D. and Catherine T. MacArthur Foundation, Public Welfare Foundation, Judith Stronach Fund of the Vanguard Public Foundation, Foundation for Deep Ecology, Funding Exchange,The Stilllwaters Fund of the Tides Foundation, Seventh Generation. This issue of SAIIC Abya Yala News was made possible by funding from Public Welfare Foundation. Indexed: Alternative Press Index, Ethnic News Watch. SAIIC is located at 1714 Franklin Street, 3rd Floor, Oakland, CA, 94612. @ ·~·"' � 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. 10, No. 4 (Fall 1997) 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 Contents Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Contents Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (2).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note Table of Contents Pages 2 https://www.abyayalanews.org/files/original/a3eb164f61ac20848ff9c9774db78635 309da4bbbe8680c77e35453a774ef76c 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. 10, no. 4 (17-18).pdf PDF Text Text llO CONVENTION ----='-----=-------=--- fter the signing of the peace accord in Guatemala on December 29, 1996, the implementation of these agreements between the Guatemalan government and the Guatemalan National Revolutionary Unity (URNG) has been one of the major concerns of the Mayan organizations. During the peace negotiations, Indigenous Guatemala organizations recognized that For those in favor, the above statement from the Constitution pertaining to the rights and freedom of Indigenous people within the nation, should be reinforced with the adoption and ratification of Convention 169. Convention 169 argues for the implementation, practice, and promotion of the rights of Indigenous people already stated in the Constitution. The protection of Indigenous rights is inherent since "the Indigenous and Tribal people must fully enjoy human rights and fundamental lib- 1 6 9 sent themselves, instead of the current policies which have promoted assimilation and full integration into the national life. Convention and the negotiations for peace While Guatemala argued against the ratification of Convention 169, other countries such as Mexico, Colombia and Bolivia, among others; ratified the in ILO • Convention 169 is an important, interna- I tional legal tool that would contribute to the promotion of human rights and justice in Guatemala and urged for its ratification. Unfortunately, the ratification of Convention 169 created a disagreement between those who are in favor or against it, delaying its ratification by Guatemala. Some who argued against the legal instrument proposed by the ILO claimed that Convention 169 contradicted the Guatemalan National Constitution. Others claimed that it was unnecessary because the Guatemalan Constitution was inclusive and that all Guatemalans were equal and enjoyed the same rights and obligations as members of the Guatemalan nation-state. Article 66 of the Guatemalan Constitution acknowledges that the Guatemalan state is made up of diverse ethnic groups and that "the state must recognize, respect and promote the ways of life, customs, traditions, forms of social organization, the use of Indigenous traditional dress, languages and dialects", which together form part of their distinct identity as Indigenous peoples. Victor D. Montejo, Ph. D. is a ]akaltekMaya and an Assistant Professor in the Department of Native American Studies at the University of California, Davis. He is also President of the Maya Educational Foundation. I • I I By Victor D. Montejo, Ph D. Oakaltek..Maya) erties without obstacles and discrimination." Due to the insistence of Indigenous organizations in Guatemalan and their international support, the Guatemalan government realized that it had a need and an obligation to ratify Convention 169. It was this pressure that persuaded the Guatemalan government to ratify the document on june 5, 1996 (effective june 5, 1997). It is our hope that, with its implementation, Indigenous people will finally be allowed to repre- Convention and encouraged other countries to follow their example. For this reason, Guatemala was under strict scrutiny by other international organizations and was criticized for not adopting and ratifying the Convention. As the negotiations for a lasting peace between the Guatemalan army and the Guatemalan National Revolutionary Unity (URNG) continued, the different Mayan organizations insisted that Convention 169 must be ratified as part of the agreements. It 17 �I l 0 CoNVENTION 1 6 9 was clear that this international, legal instrument would help the marginalized Indigenous population to assume leadership in the pursue of their rights and the revival of the Mayan, Garifuna and Xinca cultures. Can Convention 169 help resolve the land crisis? alike, should read and study the Convention carefully so that they may successfully use it as a tool in the quest for peace and justice for the dispossessed. The land problem continues to be a very delicate issue in Guatemala and currently this predicament is intensifying. Campesino and Mayan communities are now fighting against each other to protect and redefine the community and the municipality land boundaries. The armed confrontation between two Mayan communities in Solola and Totonlcapan in June, who fought against each other with machetes to defend their land boundaries, is an example of the current situation. To avoid these conflicts, Congress must use Convention 169 to legislate attending the petitions of the lndigenous communities and must recognize their traditional, communal practices of land tenure. Land rights will undoubtedly be the source of conflicts in Guatemala and throughout Latin America in the coming century. The application of Convention 169 in Guatemala should now be instrumental in the search for solutions to the land problems affectIn 1991, under the government of ing the Mayan president Jorge Serrano Elias, the differ- communities. It ent Mayan organizations, worker's organi- should be zations, governmental institutions, the understood that church, the army and CACIF participated Indigenous in a national consultation to discuss the people have a viability of the implementation and ratifi- special cation of Convention 169 in Guatemala. '"quasi-reliIn 1992, the Guatemalan Congress began gious" relaa serious analysis and discussion of tionship Convention 169 and its compatibility with the with the Constitution. The Latin 1 a n d . American signatories of the Convention Without petitioned the Guatemalan Congress to access to land, ratify Convention 169 in 1993. The it will be debate concerning the implementation of extremely difthe Convention continued and became a ficult for the highly contested issue for the different Mayan peopolitical parties. The ILO Convention ple to main169 was finally ratified by Guatemala on tain their ways June 5, 1996. It is considered an instru- of life and their of ment that can help to ensure the imple- legacy respect and conmentation of the peace agreements (now pending after the signing of the peace cern for nature and humanity. accords.) Currently, and as With the ratification of Convention a result of the peace agreement "without 169, several issues became apparent. It is justice" achieved between not sufficient simply to recognize that the Guatemalan governIndigenous people have been marginalment and the URN G, ized and limited in their access to chaos surrounds the resources, or that they have been denied land issue. It is unforthe full expression of their individual and collective rights as traditional communi- tunate that some Indigenous and peasant An instrument ties with a millennial history and culture. organizations are proto support Nor is it enough to say that Guatemala is moting the invasion of a multilingual and a pluricultural nationand implement fincas (farms) without state, if we are not making the constituthe peace tional laws functional. Guatemala must regard for the current agreements comply with its laws permitting negotiations on land reform. The power of negotiations The ratification and full implementaIndigenous people to express themselves and dialogue must be respected in this tion of Convention 169 is fundamental in freely and to practice their ways of life case, in order to avoid the continuity of carrying out the peace agreements, parwithout restrictions, limitations or obstaviolence and tension in all levels of ticularly the accord on "Indigenous cles. The Indigenous communities are Guatemalan political life. Rights and Identity." The importance of hoping that Convention 169, as a legal this document rests on the idea that instrument, will ensure their right to selfConvention 169 must be used as a Indigenous people should be consulted determination and autonomy. In tool to negotiate a peaceful solution to the Guatemala, there is an urgent need to land problem, and not be used as a about, and participate in the development of, policies and programs that conenforce the legislation that considers the weapon to allow confrontation and invauniqueness and contribution of each sion by force. The Guatemalan popula- cern our lives and the organization of our Indigenous community, including their tion, Mayan and non-Mayan peasants communities. customary law. Abya Yala News 18 � 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. 10, No. 4 (Fall 1997) 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 Convention 169 and the Implementation of the Peace Accords in Guatemala Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Convention 169 and the Implementation of the Peace Accords in Guatemala Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (17-18).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Author Victor D. Montejo Abstract Note Mayan groups in Guatemala have recognized Convention 169 as an important tool in negotiating peace with the government. Pages 17-18 https://www.abyayalanews.org/files/original/d67c29aa644248aa94315d3bc50086ad 75d4768243eeeb0cfca31f46376612fe 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. 10, no. 4 (30-31).pdf PDF Text Text ENVIRONMENT • I • I I Reserve: n the 14th of May; 1997, the Venezuelan government approved presidential decree 1850 which contains plans for the use of the Imataca Rain Forest Reserve. The reserve will be shared out to mining companies and timber merchants, in an effort e - in this region in harmony with these diverse ecosystems for centuries. With the complete breach of their fundamental territorial and human rights, the treatment of the native peoples is shamefully poor. The proposed plans make it clear that these communities are considered valuable only as tourist attractions or manual labor sources for the future development projects. to achieve total industrialization of the region. An elaborate infrastructure is planned for the complete exploitation, processing and commercialization of the natural resources of the reserve. The area, the equivalent of the size of Holland, contains three and a half million hectares of rain forests. Imataca is an abundantly biodiverse region, rich in genetic resources, water and energy Gold, diamonds, iron ore, bauxite (the principal ore of aluminum), magnesium, and numerous other valuable mineral reserves are found throughout the territory The ancient forests are home to four Indigenous peoples: the Warao, the Karina, the Akawaio and the Pem6n. It has long been recognized that the protection and preservation of this biologically affluent environment should be a national priority I I The 'Plan de Ordenamiento' and regc ulation of use of the Imataca reserve will undoubtedly have serious negative effects on the rain forest itself, the Indigenous peoples who live there, as well as the fragile ecosystem of the region as a whole. The Indigenous peoples will effectively be prisoners in their own territory; as a result of the widespread exploitation activities which will severely impede the continuance (and expansion) of their subsistence activities. The Plan de Ordenamiento does not recognize or acknowledge the territory belonging to the Indigenous peoples, who have lived 30 If all three million hectares are used for commercial activities as planned, the effects on the Imataca Forest Reserve will be devastating and many of the repercussion will mirror those that occurred in the North of Orinoco after exploitation there. Consequences included a shortage of water, an irretrievable loss of much of the region's biological heritage, an increase in the frequency of droughts and flooding, and the destruction of a permanent forest. This will also happen with the Imataca Rain forest reserve. Because of contracts with timber merchants, large parts of the reserve will be deforested, encouraging erosion. The areas' rivers will be contaminated and a significant amount of flora and fauna will be destroyed due to the influx of industries. Since its inception, Decree 1850 has violated a number of laws and treaties. The failure of the promised public consultation period points up the true nature of the document as one displaying the manipulation of interests and exploitation of the natural wealth of the forest for the benefits of a minority. On May 7th, the government held a meeting to present the plan to the public. Unfortunately, the majority of those present at the meeting had only received the document the previous day. It was decided that the attendees had until the 30th of May to present their opinions. However, the Council of Ministers approved the plan on the 14th, shattering any faith in a true public consultationperiod and showing this gesture Continue on page 31 Abya Yala News �ENVIRONMENT to be a parody of real democratic proceedings. Ironically; in a press release earlier in the year, Vice Minister of the Environment Luis Castro had proudly announced that "for the first time the minister of the environment is opening the process of public consultation so that persons and organizations interested in the ecological ramifications can listen to the presentation of the instrument, share their opinions and plan their responses/ observations." Aside from being considered "grave" and "deplorable", the process of public consultation carried out by the government violated five articles of the Organic Law on the Ordering of Territory; which afford the public the right to be informed and consulted about matters pertaining to this natural area. Presidential decree 1850 also violates two different national laws mandating congress' approval for any project that affects national territory; specifically the forest reserves. The plan establishes a fundamental change in the use of the Imataca reserve and the granting of large mineral concessions without the authorization of the National Congress. According to the Law of Forests, Grounds and Water, forest reserves are never allowed to be colonized or transfered without the approval and authorization of the national congress. The decree also violates a number of international laws and conventions, signed by Venezuela and ratified by the National Congress, including the 1941 Washington Convention on the protection of flora, fauna, and natural beauty of the Americas; the Convention on Biodiversity; the Convention on Climate Change; Agenda 21, the global action plan endorsed by Venezuela at the 1992 World Summit on the Environment in Rio de janeiro, as well as ILO Convention 107 on the protection of Indigenous people. It also ignores domestic law concerned with the territorial and other fundamental rights of Indigenous peoples. Besides these irregularities and violations, the plan is causing controversy within the professional sector of the nation. The government claims that the plan was created with the help of the faculty of the Forestry and Environmental Science Department at the University of the Andes. The government surveys of the Imataca Researve were done on a Vol. 10 No.4 scale of 1:250,000. This myopic investigation cannot provide adequate information about the majority of the ecosystems in the region. The University denies involvement and says that the plan is based on a misinterpretation of their research. Many find it ironic that an eminent administrative organization would contradict the opinions of technical and scientific specialists, who are demanding the abolishment of the decree. On the 14th of june the faculty approved a pronouncement soliciting the President of the Republic to revoke Decree 1850. This was followed by numerous other formal denunciations of the plan by politicians, academics, and over twenty Venezuelan environmental groups. Decree 1850 continues to cause a wave of protest in the country. The church, questioning the environmental policy of the government, believes that the plan for Imataca will amount to environmental degradation and fails to take into account the rights of Indigenous people. Some members of the Venezuelan National Parliament refer to the decree as a means of legalizing the destruction of this reserve. According to a ex-governor of the state of Bolivar, which comprises much of the Imataca reserve, Decree 1850 contains technical, legal and political failures. The social Christian party of Venezuela, COPEI, urged the government to revise Decree 1850 claiming it disregarded the opinion of major sectors of the population and reminding that the Council of Ministers does not have the right to decide about the use of national territory. They requested that the government study the true riches of the forest, the fragile ecology, the Indigenous communities and the biodiversity. Scientists are asking the government to abolish decree 1850, to create mining limits, and to conduct a new investigation to get a realistic idea about the effects of the plan. In response to the public outcry, President Caldera has said that the opening of Imataca to mining and wood exploitation represents the desire of the population. One minister even went so far as to say that the plan is a continuation of the Venezuelan government's policy of "rescuing the Imataca reserve" because the ecosystem is already being destroyed by wildcat mining workers .... Continued from page 11 alternative lands in all possible cases. All of these qualifications leave a lot room for interpretation. Convention 169 is a great improvement on the previous convention dealing with Indigenous peoples, but it has not totally succeeded in abolishing the integrationist approach of Convention 107. Articles 8 and 9, dealing with Indigenous customs and customary law, are good examples of this. Article 8 guarantees Indigenous peoples the right to retain their own customs and institutions, where these are not incompatible where Customs and customary law shall be recognized as long as they are not conflicting with national laws and regulations. This means that recognition will only follow if these customs are compatible with the national law, for this to happen a lot of customs and customary rules will have to be adapted. Convention 169 does not reflect the wishes of Indigenous peoples regarding their recognition as peoples, the issue of territories, nor does it include the concepts of consent and control. So in this sense one might conclude that Convention 169 is not a great step forward in the recognition of the rights of Indigenous peoples. On the other hand, it was necessary to provide for a lot of diverse situations worldwide and agreement could not be always be reached on many of these issues. It was obvious that the governments were not going to ratify the Convention if it was so strong that it would require them to change their legal systems; and without ratifications there are no obligations or standards at all. It is important to remember that ILO Conventions are minimum standards and that no governments can ever create new legislation based on Convention 169, and thereby disregard national regulations that grant more extensive rights. Convention 169 is one of the instruments which stands along side the national regulations and legal framework. The ILO has proven to have built up quite an expertise on Indigenous issues, starting with the adoption of Convention 107 in 1957. This knowledge, together with the supervisory procedure, has the capacity to contribute to an improving human rights situation for the world's Indigenous peoples .... 31 � 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. 10, No. 4 (Fall 1997) 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 Destruction of the Rain Forest- Imataca Reserve: Venezuela Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Destruction of the Rain Forest- Imataca Reserve: Venezuela Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (30-31).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note The Venezuelan government has issued mining and lumber concessions within the Imataca Rain Forest Reserve, which will isolate indigenous communities. Doing so has violated national laws. Pages 30-31 https://www.abyayalanews.org/files/original/defc11f586f5fcf37a98149232c65474 4c4203325b3bf40662da06bc151237a2 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. 10, no. 4 (3).pdf PDF Text Text EDITORIAl -------------------------------------------- n response to mounting pressure from the Indigenous movement, a new perspective has begun to come forth in regards to Indigenous people throughout the past two decades, as Governments start to acknowledge the cultural and linguistic diversity of Indigenous communities. Just as the last 25 years have seen a change in national Government's position in regard to Indigenous peoples, international bodies are also reexamining their previously held assumptions and are now recognizing Indigenous peoples right to control their own lands, their own economic development, their own unique cultures, and their futures. The creation of new laws and programs and the ratification of international treaties, such as the ILO Convention 169 of 1989, seem to indicate that these nations are serious about their commitment to cherishing diversity. This issue of Abya Yala News examines the International Labor Organizations Convention No. 169 on Indigenous and Tribal Peoples and asks how it has affected the lives of Indigenous peoples in nations where it has been ratified. I Due to the successful efforts of Indigenous groups, states have begun to move away from trying to forge homogenous nations and have started to officially propane the multiethnic state. The idea that a true democracy must be pluricultural is beginning to take hold in a number of Latin American countries. More than any other international document, the International Labor Organization's Convention 169 represents this shift in attitude from an assimilationist perspective to one that respects and values Indigenous cultures. To introduce the topic, we start with an explanation of the structure and procedures of the International Labor Organization and discuss the relationship between this international body and Indigenous people. An analysis of Convention 169, which elaborates on some of its most controversial points, follows. These two articles provide an overview of the most thorough international document to deal with Indigenous cultural, territorial, linguistic and religious rights in the modern nation state. This issue presents how different nations are working to make ILO Convention 169 fit within the framework of existing national laws. It examines the relationship between legislation and practice. More than anything else this issue provokes questions- Will the ratification of Convention 169 bring the changes it promises? Is the pan American commitment to pluriethnic nations a superficial gesture or a does it represent a real change in the last 500 years of policy making? In an interview with SAIIC, Margarita Gutierrez explains why she believes that, despite its limitations, the Convention has been and will continue to be a useful tool for Indigenous people in Mexico to achieve internal autonomy and self-determination. Costa Rica ratified Convention 169 in 1993, recognizing it as the highest law in the land. Four years later the Costa Rican Government still seems to be having difficulty implementing many ofits articles. We also look at how Guatemala, still reeling from decades of war, is struggling to implement Convention 169 along with their news laws, as the nation strives to preserve and respect the Mayan cultures. It is our sincere hope that this convention can be used as an instrument tO help negotiate a peaceful solution to the land problems affecting Mayan communities. The fact that the document is being translated and widely distributed among Indigenous communities, enabling them to participate in its implementation, is encouraging. As always we at SAIIC are watching the changes taking place on the international scene. We see advances and setbacks, positive steps forward and continued injustices. ILO Convention 169 is an international response to Indigenous demands. Whether governments which ratify it will follow through with its full implementation remains to be seen. States need to acknowledge that, by ratifying this Convention, they promise to guarantee these rights as minimum standards. --~--~~~----------------- Vol. 10 No.4 3 � 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. 10, No. 4 (Fall 1997) 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 Editorial Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Editorial Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (3).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note A discussion of the successes of indigenous movements across the world and the increasing success of international organizations in encouraging change in Latin American countries in regards to their relationships with indigenous communities. Pages 3 https://www.abyayalanews.org/files/original/bdaefee0d7b5d742794049aac0ab6480.pdf 6c278381a7104351a101758bd68e294c PDF Text Text 0""74470"89583"" 1 � 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. 10, No. 4 (Fall 1997) 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 Front Cover Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Front Cover Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (1).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note Front Cover Pages 1 https://www.abyayalanews.org/files/original/8ee33c4a832720eeebc094f373e3649c 4c740fc13672d17014f33ef31af72aae 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. 10, no. 4 (5).pdf PDF Text Text IN was demarcated but is full of invaders. An appeal requesting that all possession deeds held by the invaders be annulled has been circulating in the judicial process of the Supreme Federal Court since 1982. The Pataxo delegates also asked president Cardoso to ratify ILO Convention 169, to speed up the voting on the Charter of Indigenous Peoples, referred to the National Congress for approval in 1994, and the revocation of decree 1,775/96. Several human rights groups, environmental and Indigenous organizations, together forming the Galdino Commission, launched a manifesto and a proposal for a signed petition to gather signatures in support of the Pataxo and against the decision of Judge Mello. The document calls on all persons who sympathize with the Indigenous cause to express their indignation at the decision, which it describes as "a serious threat to justice, as it can trivialize impunity, discredit the court system in our country and serve as an incentive to criminal acts." The signed petitions will be delivered to Judge Sandra de Santis Mello and to the Chief Justice of the Supreme Court of the Federal District and Territories, Carlos Augusto Machado de Farias. Information from: Cimi-Porantim, Noticias Aliadas Hunger Strike in Honduras: Indigenous Demands Continue Unrecognized ndigenous groups in Honduras returned to the capital of Tegucigalpa July 18 to renew their protests against the government. This was the start of an extended hunger strike in response to the government's neglect of the agreements made with the Indigenous people on May ll of this year. The three main demands of the native people of Honduras were: access to traditional lands belonging to the Chortis in the regions of Copan and Ocotepeque, reduction of the level of violence and political repression in their communities and the installation of the accords ratified in ILO Convention 169, which demand the return of Indigenous lands and respect for Indigenous cultures. Despite the detailed negotiations in May, the Honduran government has failed to uphold their part of the agreement. The politically motivated assassinations of Chortis' leaders Candido Amador and Ovidio Perez have not been investigated, although that was part of the agreement made by the government in May BRIEF the Chorti people that was quickly rejected by the government negotiators. On August 14, while the negotiations were going on, the Indigenous groups on hunger strike in front of the National Congress Building were visited by seven armed gunmen. These men, reportedly members of Honduran security forces, entered the area as plain-clothed civilians. Two were disarmed by the protesters causing the other five to flee. After eight hours of deliberations on the 15th of August, an agreement was supposedly reached between the government and Indigenous leaders. This agreement included a government promise to turn over about 2,000 acres of land to the Chorti communities by August 19. The next day, however, it was discovered that 400 manzanas of land promised by the government will not be turned over by this date. The land, which is currently owned by the Municipality of the Copan Ruins argued that the National Government is not offering them a fair compensation for the land and filed a claim which delays the turn over of the land indefinitely Nevertheless, while Indigenous leaders are meeting to determine what steps to take, the national and international media have reported that the crisis is over and that the hunger strike ended with the Indigenous people satisfied with the results of the negotiations. The crisis has only moved into a different stage. By August 20, the last of the protesters and hunger strikers withdrew from their vigil after the government turned over 914 manzanas (1,000+ acres) to the Maya Chorti people. This represents 10% of the land promised in the May Accord, but it was enough for CONPAH to decide that the rest will have to come later. Indigenous leaders decided to withdraw upon reviewing what was gained, together with an evaluation of the health of the hunger strikers. Although the spotlight has fallen off the situation, the Honduran government must comply with the May Accord which includes: l) land titles for more than 8,000 hectares for the Chorti; 2) Investigating and bringing to justice the murderers of Candido Amador and Ovidio Perez, including an internal investigation into possible involvement by the armed forces; 3) Food for work; education, health and housing assistance and technical support for agricultural projects; 4) a Legislative initiative on Indigenous issues; 5) and human rights protection for the Indigenous people, including a general disarmament of individuals with heavy weapons. Information from: Amnesty International and CONPAH. The renewed negotiation process that began this July is at a standstill. The Honduran government asked the Indian leaders to form a team of lawyers to help the Indigenous people understand the laws related to land issues. The Confederation of Indigenous Groups in Honduras (CONPAH) put together a team of lawyers who determined that the government was using old agrarian reform laws as a framework for negotiating. These laws, however, do not recognize the special status of Indigenous people. The team of lawyus presented an expropriation law for Vol. 10 No.4 For more information please contact: International Solidarity Coordinator Laura Harms 1aura@conpah.sdnhon.org.hn 5 � 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. 10, No. 4 (Fall 1997) 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 Hunger Strike in Honduras: Indigenous Demands Continue Unrecognized Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Hunger Strike in Honduras: Indigenous Demands Continue Unrecognized Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (5).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note Indigenous groups in Tegucigalpa have gone on a hunger strike after demanding that respect for indigenous cultures and lands be shown by the government. Pages 5 https://www.abyayalanews.org/files/original/92d29dd574bf8a156cb4ec255d0fd70d 89d951267f8aca0f56c174fa5d608ce5 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. 10, no. 4 (10-11, 31).pdf PDF Text Text I l 0 ~ I Gerard Schulting The controversy surrounding this Convention continues to demand closer inspection. It is therefore necessary to analyze to what extent the Indigenous aspirations are reflected in Convention 169. It was not possible to reprint the document in its entirety in Abya Yala News due to space constraints nor is it possible to examine each article of the convention. There are however, a few elements of the Convention that need special attention. Bask Principles of Convention No. 169 Convention No. 169 emphasizes the shift in the conceptual approach to Indigenous and tribal peoples towards one based on respect for their specific identity "... and their right to participate in the decision-making process in all questions and programs directly affecting them, that is to say, to participate in the making of decisions and the determination of their own destiny." The Convention has 32 operative articles and is based on two fundamental concepts: consultation and participation. It is premised on the belief that Indigenous and tribal peoples should have the right to be consulted when legislative and administrative measures which may affect them are being considered; that they should have the right to participate at all levels of decision-making concerning them; and that they should have the right to decide their own development priorities. In addition there is a requirement for prior impact assessment studies to assess the social, spiritual, cultural and environmental implications of any planned development activities on these peoples (Article 7). The Convention addresses issues of vital importance to Indigenous and tribal peoples including the rights of ownership and possession over the lands they traditionally occupy, or have had access to 10 The peoples question (Article 14); the rights to natural resources including the right to participate in the use, management and conservation of such resources (Article 15); displacement (Article 16); land alienation (Article 17); unauthorized intrusions (Article 18); agrarian programs (Article 19); recruitment and conditions of employment (Article 20); vocational training, handicrafts and rural industries (Articles 2l to 23); social security and health (Articles 24 and 25); education (Articles 26 to 31) and cross-border cooperation (Article 32). Eight years after the adoption of Convention 169 concerning Indigenous and Tribal Peoples by the International Labor Organization (ILO), the flames of controversy smolder on. The Convention has been criticized for not fully embodying the Indigenous point of view. There are even those who imply that the wording of the document is a direct affront to the rights of Indigenous peoples. Directly after the adoption of Convention 169 by the ILO, the Indigenous Peoples Preparatory Meeting in Geneva produced a resolution rejecting Convention 169 and asking governments not to ratify it. Yet despite its arguable shortcomings, most Indigenous leaders and organizations see the Convention as an important step towards an improvement of their human rights situation and are eager for governments to ratify it. One of the biggest bones of contention was the inclusion of the term "peoples." Convention No.l07 of 1957 used the term "populations" and Indigenous rights organizations were pressing to replace "populations" by "peoples," to reflect the fact that these Indigenous cultures are organized societies with thdr own distinct identity. However, most governments were not willing to accept peoples because of the implication it would have under international law. Important international treaties like the International Covenant on Civil and Political Rights (1966) refer to the right of self-determination, by stating that "all peoples have the right of selfdetermination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." Most governments fear that granting the right of selfdetermination to these "peoples" will allow them the right to succeed under international law. By not recognizing Indigenous peoples as such, they will not be able to invoke these international treaties and declarations that discuss the right to self-determination that all peoples have. In this regard, Convention 169 reflects the governments' point of view. Therefore, after much debate it was decided that the "use of the term 'peoples' in this Convention shall not be construed as having any implications as regards the rights which may attach to the term Continue on page 11 Abya Ya\a News �CONVENTION under international law" (Article 1). Qualifying the term peoples means discriminating between non Indigenous peoples as recognized by international law and Indigenous peoples who are denied the right of self-determination. In this aspect, the qualification contradicts article 35 of the Convention, which states that "the application of the provisions of this Convention shall not adversely affect rights and benefits of the peoples concerned pursuant to other Conventions and Recommendations, international instruments, treaties, or national laws." Consent or control? One of the main objections to Convention 107 was its integrationist approach; it was assumed that Indigenous societies were dissolving and Indigenous people would eventually assimilate into the national society Therefore, the concept of assimilation was to be replaced by terms that reflect the vision that Indigenous peoples deserve the right IT SHOULD BE to survive, indeed to thrive. To NOTED THAT ensure a high INDIGENOUS AND degree of recogniTRIBAL PEOPLES tion of Indigenous peoples' rights, DO NOT HAVE the inclusion of RIGHT OF the term consent and control in the VETO OVER new Convention DEVELOPMENT was advocated. POLICIES. Most governments and employers INDIGENOUS representatives REPRESENTATIVES opted for the FEEl THAT THEIR terms: participation and consultaLACK OF VETO tion instead, conPOWER AllOWS cepts that still GOVERNMENTS assume outside initiatives coming TOO MUCH from the governFREEDOM TO DO ment and not AS THEY PLEASE. from Indigenous peoples themselves. Consultation and participation prevail throughout the Convention. The problem remains over how consultation and participation should be interpreted. An example of this wording appears in Articles 6 and 7, two central policies of the Convention. Article~ 6 requires the Vol. 10 No.4 government to "consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly" This article goes on to state that the "consultations carried out in application of this Convention shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures." Article 7 is equally as vague with its reference to Indigenous peoples right to "participate in ~ the formulation, imple0 mentation and evaluation ., of plans and programs for national and regional devel- 0 .1> opment which may affect them directly" + It should be noted that Indigenous and Tribal peoples do not have the right of veto over development policies. Many Indigenous representatives feel that their lack of veto power allows governments too much freedom to do as they please. According to these two articles, it is the responsibility of the government to create the atmosphere which allows Indigenous people to contribute their ideas. The government must inform Indigenous peoples about proposed projects by providing them with the relevant information. debate around lands and resources 1 6 9 feet tense appears to be an attempt to avoid recognition of these rights based on past "occupation." Article 15 is a recognition of the governments' point of view that the state will always have the last word on the natural resources. With its claim that the rights of Indigenous peoples to the natural resources pertaining to their lands shall be "specially safeguarded, including the right of these peoples to participate in the use, management and conservation of these resources", this article seems to cona :! tradict article 14. If 0 Indigenous peoples ~ already own and possess their lands (art. 14), how can they be given the right to participate in the use, management and conservation of the resources (art.15)? This can only be the case when the state retains the sovereignty over all the natural resources, no matter if these resources pertain to Indigenous lands or not. Because access to subsurface resources normally requires the purchase or lease of the surface area above and Indigenous peoples are often prohibited from owning land or do not have official land titles, the Indigenous representatives suggested to the ILO that they be granted control over the subsurfaces to alleviate problems in the future. This proposal was met with fierce opposition by many governments and employer representatives. Evaluation From the Indigenous point of view the term territories should be used to cover all lands and resources belonging to Indigenous peoples. Hard-line government representatives were not willing to accept this, since this would affect the national integrity of the state. Article l3 uses the compromise "the lands or territories, or both as applicable." Article 14 is crucial because it deals with "the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy" Apart from the fact that occupy seems more suitable to be used in relation to invasions in times of war than when referring to Indigenous peoples, the use of this term in the imper- From the Indigenous perspective, the heavy use of qualifications throughout Convention 169 has made it a lot weaker. The best example of this practice, which is very common in international law, is Article 16 which deals with the issue of relocation and is riddled with qualifications. Where relocation of Indigenous peoples is necessary, this shall only take place with Indigenous consent. Where this is not possible, appropriate procedures, including public inquiries, where appropriate, must be undertaken. Whenever possible, the peoples shall return to their lands, if such a return is not possible, they shall be provided with Continue on page 31 11 j �ENVIRONMENT to be a parody of real democratic proceedings. Ironically; in a press release earlier in the year, Vice Minister of the Environment Luis Castro had proudly announced that "for the first time the minister of the environment is opening the process of public consultation so that persons and organizations interested in the ecological ramifications can listen to the presentation of the instrument, share their opinions and plan their responses/ observations." Aside from being considered "grave" and "deplorable", the process of public consultation carried out by the government violated five articles of the Organic Law on the Ordering of Territory; which afford the public the right to be informed and consulted about matters pertaining to this natural area. Presidential decree 1850 also violates two different national laws mandating congress' approval for any project that affects national territory; specifically the forest reserves. The plan establishes a fundamental change in the use of the Imataca reserve and the granting of large mineral concessions without the authorization of the National Congress. According to the Law of Forests, Grounds and Water, forest reserves are never allowed to be colonized or transfered without the approval and authorization of the national congress. The decree also violates a number of international laws and conventions, signed by Venezuela and ratified by the National Congress, including the 1941 Washington Convention on the protection of flora, fauna, and natural beauty of the Americas; the Convention on Biodiversity; the Convention on Climate Change; Agenda 21, the global action plan endorsed by Venezuela at the 1992 World Summit on the Environment in Rio de janeiro, as well as ILO Convention 107 on the protection of Indigenous people. It also ignores domestic law concerned with the territorial and other fundamental rights of Indigenous peoples. Besides these irregularities and violations, the plan is causing controversy within the professional sector of the nation. The government claims that the plan was created with the help of the faculty of the Forestry and Environmental Science Department at the University of the Andes. The government surveys of the Imataca Researve were done on a Vol. 10 No.4 scale of 1:250,000. This myopic investigation cannot provide adequate information about the majority of the ecosystems in the region. The University denies involvement and says that the plan is based on a misinterpretation of their research. Many find it ironic that an eminent administrative organization would contradict the opinions of technical and scientific specialists, who are demanding the abolishment of the decree. On the 14th of june the faculty approved a pronouncement soliciting the President of the Republic to revoke Decree 1850. This was followed by numerous other formal denunciations of the plan by politicians, academics, and over twenty Venezuelan environmental groups. Decree 1850 continues to cause a wave of protest in the country. The church, questioning the environmental policy of the government, believes that the plan for Imataca will amount to environmental degradation and fails to take into account the rights of Indigenous people. Some members of the Venezuelan National Parliament refer to the decree as a means of legalizing the destruction of this reserve. According to a ex-governor of the state of Bolivar, which comprises much of the Imataca reserve, Decree 1850 contains technical, legal and political failures. The social Christian party of Venezuela, COPEI, urged the government to revise Decree 1850 claiming it disregarded the opinion of major sectors of the population and reminding that the Council of Ministers does not have the right to decide about the use of national territory. They requested that the government study the true riches of the forest, the fragile ecology, the Indigenous communities and the biodiversity. Scientists are asking the government to abolish decree 1850, to create mining limits, and to conduct a new investigation to get a realistic idea about the effects of the plan. In response to the public outcry, President Caldera has said that the opening of Imataca to mining and wood exploitation represents the desire of the population. One minister even went so far as to say that the plan is a continuation of the Venezuelan government's policy of "rescuing the Imataca reserve" because the ecosystem is already being destroyed by wildcat mining workers .... Continued from page 11 alternative lands in all possible cases. All of these qualifications leave a lot room for interpretation. Convention 169 is a great improvement on the previous convention dealing with Indigenous peoples, but it has not totally succeeded in abolishing the integrationist approach of Convention 107. Articles 8 and 9, dealing with Indigenous customs and customary law, are good examples of this. Article 8 guarantees Indigenous peoples the right to retain their own customs and institutions, where these are not incompatible where Customs and customary law shall be recognized as long as they are not conflicting with national laws and regulations. This means that recognition will only follow if these customs are compatible with the national law, for this to happen a lot of customs and customary rules will have to be adapted. Convention 169 does not reflect the wishes of Indigenous peoples regarding their recognition as peoples, the issue of territories, nor does it include the concepts of consent and control. So in this sense one might conclude that Convention 169 is not a great step forward in the recognition of the rights of Indigenous peoples. On the other hand, it was necessary to provide for a lot of diverse situations worldwide and agreement could not be always be reached on many of these issues. It was obvious that the governments were not going to ratify the Convention if it was so strong that it would require them to change their legal systems; and without ratifications there are no obligations or standards at all. It is important to remember that ILO Conventions are minimum standards and that no governments can ever create new legislation based on Convention 169, and thereby disregard national regulations that grant more extensive rights. Convention 169 is one of the instruments which stands along side the national regulations and legal framework. The ILO has proven to have built up quite an expertise on Indigenous issues, starting with the adoption of Convention 107 in 1957. This knowledge, together with the supervisory procedure, has the capacity to contribute to an improving human rights situation for the world's Indigenous peoples .... 31 � 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. 10, No. 4 (Fall 1997) 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 ILO Convention 169: Can it help? Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title ILO Convention 169: Can it help? Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (10-11, 31).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Author Gerard Schulting Abstract Note The potential of ILO Convention 169 helping indigenous groups is a weak one due it it acting as a minimal set of standards for states to follow. However, it can provide a solid foundation for indigenous groups to seek increased recognition of their rights. Pages 10-11, 31 https://www.abyayalanews.org/files/original/5b8253b6274d1ef777e3d7bae4e07a6e b0bc002e4826f3800129a913b886002b 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. 10, no. 4 (25-29).pdf PDF Text Text ENVIRONMENT THIS ARTICLE HAS BEEN REVISED, EDITED AND UPDATED. "Of what use is the electric light if this light comes to illuminate the death of a community?" -from a public declaration by the Council of Indigenous leaders of Chiloe (Consejo General de Caciques Chiloe) eated debates continue over Endesa's, Chile's largest and most powerful electric company, plan to construct the Ralco dam on the upper Biobio river. The Ralco project is part of the megacorporation's "Serie Hidraulica del Biobfo" composed of seven interdependent hydroelectric power plants designed in a step like fashion being built in the Alto Biobio, home of 7 Pehuenche communities. The "Pehuenche," whose name means the people of the land (Pehuen = nature, soil and Che = people), have been living Vol. 10 No.4 in the mountainous region of the Andes for centuries. Gradually exterminated through the 19th century by the conflicts between the governments of Argentina and Chile due to the "opposition to the. established borders," the Pehuenche were forced off their ancient lands and concentrated themselves around the Biobio region, next to the river of the same name. Today, only about 10,000 Pehuenches live in the rugged territory along the upper reaches of the Biobio. They are the survivors of armed attacks by colonial powers and Chile's own military, as well as decades of assimilationist legislation. They are now confronting the overwhelmingly powerful Endesa, Chile's utilities giant. The Biobio river, and its watershed area, is unquestionably both culturally and ecologically one of Chile's most important bioregions. The Biobio originates in the lakes of !calma and Galletue high in the Andes and runs all the way to the sea. Over 400 km long, it contains an estimated 15,000 waterways. Its' course is divided into two sections: the "Alto Biobio", which takes an intricate path through the steep parts of the mountainous region of the Andes, and the "Bajo Biobio," which runs through the central valley, is wider and contains a larger body of water than the Alto. The Bajo Biobio however, is heavily polluted by industrial waste, timber, petro-chemicals, fisheries, and the untreated waters of over a hundred villages and cities. The area of the gulf of Arauco, transformed into a sewage disposal, has been considered by the state and international environmentalist groups to be a "Natural Catastrophe The author has studied environmental issues, and is currently getting a graduate degree in Environmental Science in Berlin, Germany. He has spent an extensive amount of time with Pehuenche communities in the Alto Biobio, and has been actively involved with the GABB (Group of Action for the Biobio) engaging in debates with the government and with national community over the implications and impacts of the projects proposed by the Endesa (National Electric Corporation) in the upper Biobio. Currently he is working in Berlin, carrying out debates and writing articles on this issue. Continue on page 26 25 �ENVIRONMEI'IT Zone." One million people depend upon the water of the Biobio and almost 500,000 drink directly out of it. The Mega Hydroelectric complex will threaten the health and livelihoods of the hundreds of thousands who rely on the river. The Origins of the Biobio river Projects Since the 1973 military coup, liberal market economic models have been implemented with emphasis on the privatization of nationally owned enterprises and the extraction of natural resources for exportation. In this new environment, some groups started to rise as the "upper class" who gained and established their economic influence over the whole Chilean economy, concentrating on such activities as the communication, mining, forestry, construction, and energy industries. Along with this process, a larger portion of the population was becoming the "lower class," increasingly migrating to the nations cities from the rural regions of the country. With this new economic environment, the energy sector became a priority for the government, which began to make huge investments in the construction of hydroelectric power plants. However with the current rate of investment, the natural resources necessary for the hydroelectric industry will be depleted by the year 2020. The section of the Biobio slated for the projects has been one of the regions that has contributed the most to the national economy through its natural resources, though paradoxically it has the second highest rate of poverty in the country, accounting for 50% of the country's poor. 1,' il ,, .,, When Endesa finished its privatization process in 1988 (under Pinochet's dictatorship), most of its share holders consisted of armed forces personnel and the upper class. According to a state official, the operations caused losses to the country estimated at around one thousand million dollars, and debts to the country of about six hundred million dollars. The mega-corporation is currently concentrating on Enersis (Electric Group), the second most economically powerful group in Chile, which in turn controls Chilectra, one of the biggest distributors of electricity for Chile. The director of Enersis, Jose Yuraszeck I 26 Troncoso, is also the president of Endesa and of Pangue S.A. creating in this fashion the monopoly of the enterprise that controls 87% of the electricity of Chile, which furthermore owns the entire electric network of the country (Sistema Interconectado Central, SIC). The Pangue Power Plant At the end of 1989, Endesa created affiliates to look a little less threatening within the electric industry. Pangue S.A. Since 1950, Endesa has studied the Biobio river, slowly amassing studies and reports to aid them in building an argu- is one of these "daughters of the company" which focuses on the materialization of hydroelectric power plants in the Alto Biobio. Endesa has envisioned a massive interconnected series of large scale hydroelectric plants and has been designing them since the 1960's. The seven projects combined will flood close to 26 thousand hectares of river, 35,000 hectares of native forest and displace close to 10,000 Indigenous people from the MapuchePehuenche communities. Decisions regarding the construction of the Ralco plant are not only made by Pangue S.A., but also by Endesa together with the Chilean government. These plans are being made without consulting the Chilean people, the regional communities, or the Pehuenche people who are most gravely affected by these megaprojects. ment supporting the idea that Chile could benefit from the creation of dams along the river. The energy generated by the projects would be consumed mostly by the cities of Valparaiso and Santiago, located about 500 km to the north, and Endesa is contemplating expanding their sales to Argentina. The first electric power plant is Pangue (followed by Ralco, Huequecura and Aguas Blancas, being studied are Quintraman, Ranquil, and Queuco) which floods over 500 hectares occupied (until a few month ago) by the Indigenous communities of Callaqui, Pitril and Quepuca-Ralco. They were forced to abandon their ancestral lands, which were uncompensated, and now have no direct access to the river or to the Araucaria Forest, where they have traditionally harvested fruit by this same name. According to Grupo de Accion por el Biobio (GABB), a Chilean NGO, what Pehuenche land was left along the shores Continue on page 2 7 Abya Yala News The Pangue plant, the first of the proposed series, was inaugurated March 6, 1997 in spite of the massive public outcry and controversy surrounding the legality of the project. �ENVIRONMENT of the Pangue reservoir, the artificial lake formed by trapping the water of the Biobio, is now in the hands of private real estate developers. The Pangue dam contains over 175 million square meters of water, with the capacity of generating 450 megawatts. The cost of the power plant is over US$ 4 70 million, part of which is being paid by Endesa (US$ 190 million). The rest of the funding came from international backing, such as a credit from the International Finance Corporation (IFC) and the World Bank good for US$ 150 million, and other loans from Switzerland and Norway, estimated at about US$ 35 million. The investment agreements contained provisions to protect the Pehuenche people and the environment of the area. The environmental destruction caused by the Pangue project are severe, and will likely be so for the Ralco project as well. With the irregular currents of water of the Biobio, the quality of the water content coming in and out of the dam is drastically altered. Damage is being done to the biome that is formed at the shores of the river, to the climate around it, and to the biological activities (micro and macro) that take place in this area. Six species of fish ( known only to this area) will be unable to adapt to the In November 1995, GABB (Grupo de new environment, and thus will be driven Accion por el Biobio) asked the World to extinction. Environmental Bank's independent inspection THE MOST panel to investigate their impact studies, independent charges that the IFC had failed from those done by Pangue SERIOUS S.A., show that 192 species of to live up to their agreement. SOCIAl flora are endangered, 86 After claiming immunity from species of birds, 24 mammals, IMPLICATION the inspection panel, the bank eventually agreed to evaluate 9 amphibians, and 8 reptiles will suffer negative ecological Of THE PANGUE the situation. Last year, impacts from this project. At POWER PlANT, University of Arizona anthropologist, Theodore Downing the same time, the process of AND THE submitted his critical report on alternately drying and flooding the proposed measures to aid the dam to create "tip energy" PROPOSED and resettle Pehuenche commuwill cause great erosive damRAlCO PLANT, nities, reproving the company age affecting the water ways of IS THE SlOW for the poor treatment the the lower regions, altering the amount of spring water availDESTRUCTION Pehuenches received during the able and the level of the water construction of the Pangue dam. OF THE channels used for transportaJay Hair, former head of the tion. The climate will also be World Conservation Union, PEHUENCHE completed a 379-page study on altered by both projects, with CULTURE IN increased humidity affecting the environmental and social everything from crops to soil violations caused by the dam's THE AlTO erosion. To make the fragile construction. Hair's study is said BIOBIO ecological picture further to declare that the environmenunstable, there are 5 volcanoes in the tal violations are even worse than those area. Three of these are active volcanoes alleged by GABB, whose original com(Callaquen, Lonquimay, and Compache), plaint sparked the investigation. one of them being only 10 km away from After perusing the two independent the Pangue power plant. The studies conducted by Pangue S.A. point towards the reports which investigated " IFC's perforconclusion that there is no danger mance and compliance with World Bank towards the electric plants, since these environmental and social standards," have been designed to withstand the World Bank President James Wolfensohn damage of an eruption. had chastised Endesa for taking " a less than constructive approach to its enviThe environmental effects of the Ralco ronmental and social obligations." Once plant are estimated to be equally devas- word spread that Wolfensohn had threattating. It is predicted that about 3,400 ened to publicly declare the company hectares of native forest will be flooded guilty of violating the investment agreenegatively impacting 45% of the fauna ments, Pangue S.A. quickly prepaid their IFC loans to avoid any implication in and 60% of the flora in the region. Vol. 10 No.4 their alleged violation of the social and environmental conditions of the loans. By paying back their loans they were absolving themselves of the responsibility to honor any stipulations they agreed to when borrowing money from the World Bank's private-sector affiliate and other European institutions. The company claims that it has switched to the German Dresder Bank because it prefers their lower interest rates. The most serious social implication of the Pangue Power plant, and the proposed Ralco plant, is the slow destruction of the Pehuenche culture in the Alto Biobio. The construction of roads for access to the power plants will allow for the entrance of logging industries into the few remaining native forests. The construction of bridges, electric cables, and wire fences (in order to "protect" the power plants) are responsible for the death of the already limited fauna and in some cases have even taken human lives. The massive immigration of workers into these lands is having a negative impact on the Pehuenche communities, as these workers do not respect the traditional social structure and laws established by the Pehuenche. The loss of access to the territories around the Biobio will limit their ability to harvest, to enter their sacred land to pray and to bury their dead, all of which have severe repercussions for Pehuenche culture and traditions. Particularly damaging is that the rivalry among the Pehuenche people to get jobs, or compensation for the damage caused by the power plant, is dividing their communities. Pangue S.A., however, has been pressured to make several compromises with the Pehuenche people. Among these are the hiring of 1200 Pehuenche people (as disposable workers), and more as need, until construction is complete and the workers are not needed anymore. Their other projects include an "Ecological Station" that will "revert" the ecological impact caused by the Pangue Dam, and the "Pehuen Foundation" which is in charged of improving the living standards and reinforcing the cultural heritage of the Pehuenche people. The Pehuen Foundation is made up of a board of directors composed of three representatives of the Pehuenche people and four representatives of the company The comContinue on page 28 27 �ENVIRONMENT pany chooses the three Pehuenche representatives, a number that is not representative of the number of people that are being affected by the construction of the On this matter, the lonkos dam. (caciques or Indigenous leaders) of this region have accused the Pehuen Foundation, along with the other programs created by Pangue S.A., of being the company's way of "bribing" the Pehuenche people. The main function of the Foundation has been to subsidize 60-80% of the purchase of all basic goods by the Pehuenche people in exchange for their signature, making them "partners" of the project. It is interesting to note that lists of signatures were presented to the International Finance Corporation (IFC) of the World Bank as "proof of the backing of the Pehuenche people" for the construction of the Pangue dam. Moreover, the Pehuenche Foundation does not recognize the existence of the Ralco project, which affects around 500 MapuchePehuenche people of the Quepuca-Ralco and Ralco-Lepoy region, as it floods over 5,597 hectare, stressing that the Ralco dam "has no financial backing from Pangue S.A." However such statements are false, as Pangue S.A. gives over 0.1% of the profits of Pangue (over US$ 120,000) each year, increasing that amount to 0.3% this year. The company has DEVELOPED developed a slogan: "represas o A SlOGAN: pobresa" ("dam or "REPRESAS 0 poverty"), inflicting the idea that POBRESA" without the dam there will not be POVERTY") any other economic opportunities for the Pehuenche people to raise their standard of living in the future. Despite its propaganda, the Pehuen Foundation does not have the Pehuenches' best interest at heart. Since its inception, its true goal has been to deceive and coerce them to relocate, with blatant disregard for the Pehuenches rights to stay on their land as granted under the recent Indigenous Law of the country. ----------------------------------- Communities long-standing Since 1989, the Pehuenche communities of the Biobio have expressed their rejection of the construction of dams in the Alto Biobio, giving public hearings on their opposition and visiting environmental, social, and regional organizations. Unfortunately their determined efforts have met with little success. The seven communities surrounding the Biobio area have been coordinating their efforts with the Action Group for the Biobio (GABB), an activist group that has been extremely vocal in fighting against the construction of the dams, studying and analyzing the damages caused by the projects, and calling for international support for the Indigenous communities and the biodiversity of the region. Their greatest achievement took place in September 1992, when GABB filed protection from damages caused by Pangue S.A., presenting a document with more than 3000 signatures. On june 22, 1993, the court delivered their decision in favor of making it illegal for Pangue S.A. to change the flow of the Biobio, to dry the Biobio, to use water discharges, or to flood an area. However, Pangue S.A. argued that it was difficult to stop the construction at that point given the promises and contracts that had already been established with the workers. The following day, Endesa presented its appeal to the Supreme Court of]ustice in Santiago, questioning the accuracy of the data that was presented by GABB. At the same time, Endesa together with the government, announced that it would raise the price of electricity if the Pangue project could not be completed. Two months later, the Supreme Court reverted the decision made earlier, arguing that at that point there was no way of telling what the consequences of the construction of the dam could be. Cultural Rights, as well as Article 1 of the Chilean Constitution. This time around they are using the Indigenous and Environmental Law along with their six years of experience to defend themselves. Their inevitable eviction from their territory, as well as Endesa's illegal occupation of their territory, is a violation of the Law of Indigenous Development of 1992. Nevertheless, the government of Eduardo Frei is ignoring the pleas of the Pehuenche people, who have already turned down the land offered to them as compensation for their relocation -land that had already been acquired by Pangue S.A. a long time before getting the permission from the government to begin the Ralco project. In August of 1995, the GABB presented a document signed by 300 Pehuenche people, expressing their opposition towards the construction of the Ralco dam and power plant, and demanding: (l) The recognition of their lands as stated in articles 13, and the right of the Indigenous people to participate in decisions affecting their living conditions stated in article 34 (2) The immediate departure of Endesa from the Quepuca-Ralco and Ralco-Lepoy communities. (3) That the Pehuen Foundation be entirely composed of a board of Pehuenche people elected from their own communities. (4) That all funding given by Pangue S.A. to the Pehuen Foundation be increased from 0.3% to 1%. The Communities of Qupuca Ralco, Cauoicu, Callaqui and Malla Malla presented a document expressing their opposition to the Ralco project and their frustration with the governments lack of attention, which begins with the statement "We have repeated many times that we do not want the Ralco dam and are opposed to its construction. We oppose the Ralco project because it will affect us all, as Pehuenche people of the upper Biobio ... we know that this problem, the With Pangue completed, Endesa is seven dams that they want to build, wormoving ahead with its plans for the sub- ries all of the Indigenous communities in sequent major hydroelectric project. the country. We don't want injustices Once again the Indigenous communities against our communities because if they are strongly opposed to this project, go ahead with their plans to make that whose consequences constitute a viola- lake, the great volcano in all its power tion of the The Economic, Social and will be angry and will erupt, to punish Continue on page 29 --------------------------------------------Abya Yala News 28 �ENVIRONMENT with fire and hot ash and to re balance the water, the river will not be calmed by (the piling up oD money The compensations that they are offering us we cannot accept -20 hectares, 80 sacks of flour- these will not sustain us through our lifetimes. It won't be enough for our children and they will suffer. We say to CO NAMA that we will not leave our lands, we will not be moved by Endesa with their offers of money because the land is ours, it is where we were born, where we grew up and now they offer us the El Barco property; far away from our home and we will not go. We are tired of repeating our demands and having nothing change. We, as the leaders of our communities of the Alto Biobio, are taking the initiative to make thing change because there is no justice in what is happening to us." Frei is openly siding with the industry giants in the Ralco battle. Mauricio Huenchulaf, the director of CONADI (the national commission on Indigenous development), stated that Ralco was in violation of the Indigenous Development Law of 1992, which was established to protect and promote Indigenous cultures and aid in their self-determined development. The law guarantees to ethnic communities the possession of their lands and authorizes CONADI to initiate legal proceedings to impede the destruction or exchange of these lands. For opposing the construction of Ralco and questioning its legality, Huenchulaf was dismissed from his post. CONADI's director had become an obstacle impeding the implementation of a political economy Frei's hard-line policies are becoming more apparent as the controversy continues. The Chilean government also seems to be looking for a subtle way to eliminate Domingo Namuncura, the new director of CONADI, because of his position on the issue. They are proceeding cautiously so as not to provoke the ire of public opinion. The Update Vivianne Blancot, the executive director of the National Commission on the Environment (CONAMA) has stated that the resettlement plan, by Endesa "is well done and assures that, in any circumstance, the Pehuenche communities will be better off in terms of quality of life Vol. 10 No.4 than they would be without the project." The lands that were given as compensation to the communities affected by Pangue were not of equal quality and in no way improved the living conditions of any Pehuenche family After a visit in early August to the El Barco property, the land Endesa is offering to the Mapuches who will be forced by Ralco to relocate, the CONADI director has declared the territory absolutely uninhabitable. Due to adverse climatic conditions, the scouting team couldn't even reach the property The fact that their vehicles got stuck, coupled with the amount of snow, gave them a taste of " the difficulties that the area would present for a normal life." use of alternative fuel sources, such as solar, geothermal and tidal energy, and through the creation of micro power plants that would generate enough electricity to satisfy local needs. The focus need to be on planning the use of energy; allocating it to were it is most needed, and emphasizing the protection of the environment. Of course, there are alternatives to the flooding, genocide of communities and destruction of the ecosystems that surrounds the Biobio. By using natural resources more efficiently; countries like Chile can continue to grow economically without relying on destructive technologies. Primary in this new approach to planning is educating a populous to understand the costs involved in the creation of dams, and a government that will be able to efficiently allocate resources and wisely control the generation, distribution and use of electricity For example, improving current energy combustion, electric engines and lighting, through the The development of the Pehuenche people does not depend upon the construction of the power plants around the Biobio, nor does the productivity of Chile have to rely on them for its economic growth. The Pehuenche people are not alone in this fight, as the IFC and the World Bank have funded projects that have violated Indigenous communities all around the world in the name of "development." Short term gains need to be weighed against the long term repercussions of such damaging projects. Chile would do well to research energy alternatives that take into account social as well as environmental diversity and sustainability , Using our resources in a sustainable way will help nations regain a lost balance. Part of that balance with nature will be the respect for the Pehuenche people and their culture thus giving the Pehuenche people the opportunity to live their lives, without losing their culture. One of the major achievements towards this balance is the creation of the Alternatives to Indigenous Law which has been in effect for over 2 years, and will hopefully Pangue and Ralco ensure that Indigenous communities will Pangue and now Ralco are glaring have the opportunity to live their lives example of the true social, environmen- with dignity and justice. The law grants tal, and economic costs of large-scale the Indigenous people an opportunity to hydroelectric dams. Their impacts can take an active role in the development of never be completely assessed before it is projects in and around their areas. Such too late. The human and enviprojects include agricultural ronmental costs of large dams BY USING NATURAL and grazing projects, and crafting. The never outweigh their reperRESOURCES MORE wood cussions: the blow to biodiPehuenche people can conEFFICIENTLY, tribute to the productivity of versity, the climate changes, the flooding that drowns the COUNTRIES LIKE the country; while generating income for themselves. land which is later stalked by CHILE CAN Ecotourism has been sugdroughts. If it is ever possible gested as another alternafor human beings to learn CONTINUE from the past, we should contive. Economist Michael TO GROW sider large dams, with the Nelson has pointed out that ECONOMICALLY damage they have caused in the future, areas surworldwide, as an obsolete WITHOUT RELYING rounding the Biobio could technology that development bring in over US$ 45 milON DESTRUCTIVE lion per year to the national banks should stop subsidizeconomy ing. TECHNOlOGIES. 29 � 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. 10, No. 4 (Fall 1997) 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 In Chile's Upper Biobio: the Battle Against the Ralco Hydroelectric Dam rages O as attacks on Pehuenche communities and the environment continue Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title In Chile's Upper Biobio: the Battle Against the Ralco Hydroelectric Dam rages O as attacks on Pehuenche communities and the environment continue Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (25-29).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Author Dario Jana Abstract Note Indigenous communities along the Biobio River continue to protest its construction on the grounds of community displacement and ecological ramifications. Pages 25-29 https://www.abyayalanews.org/files/original/70d907563223d2f453d95c776072228a 2081fdbb2695396a8b649c5c012bc1ea 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. 10, no. 4 (32-33, 35).pdf PDF Text Text Hu M A N RiGHTS ver the last few decades, Indigenous peoples have been successful in impacting United Nations (UN) decisions by creating activities therein. Forming these activities within the UN system has allowed Indigenous peoples to influence the decision making processes, and move away from being the objects of discussions to being voices in these debates pertaining to their rights. The first dramatic change began to occur in the 1960's, when Indigenous peoples began to organize themselves and began asserting their ideas about their rights to self determination. In the 1970's, with the support of various nongovernmental organizations (NGO's) and a number of international conferences, Indigenous peoples continued to forge a pan-Indigenous movement to fight for their rights of survival. The 1977 International NGO Conference on Discrimination Against Indigenous Populations in the Americas, organized by the NGO Sub-Committee on Racism, Radical Discrimirl'ation, Apartheid and 32 Colonialism, was a real turning point in Indigenous activities within the United Nations. Indigenous leaders became versed in the myriad ways to access the UN bodies. UN legislation permits NGO's to create activities within the UN-system, especially within the Economic and Social Council (ECOSOC) system. However, the national governments within the ECOSOC must first grant these organizations a consultative status. At this point, no Indigenous organization has been successful in obtaining such a consultative relationship with the ECOSOC. Because these NGO's represent peoples who aren't represented by the national governments of the countries in which they live, governments are often anxious about the influence of these organizations. Since it is only national governments who vote on the granting of consultative status, it's almost impossible for Indigenous NGO's to obtain such a formal free-ticket to develop activities at all ECOSOC levels. As of now, Indigenous organizations' only means of access is· to be represented by an organi- zation that has consultative status. In practice, Indigenous representatives therefor often rely on human rights NGO's. To defend their rights at an international level, Indigenous peoples have to find other ways to participate in the UN decision making processes on issues that concern them. In addition to their participatory role in the drafting process of the International Labor Organization's Convention 169 and other international conventions and conferences, Indigenous peoples have developed activities in relation to the UN Working Group on Indigenous Populations (WGIP). With their presence at international NGO Conferences ('77/'81), Indigenous representatives called attention to their desperate living conditions, their struggle to survive as communities, and their under representation in the processes that formulate the standards incorporating their rights. This heightened awareness within the international community led the UN Continue on page 33 Abya Yala News �HU Subcommission on Human Rights (Subcommission on the Prevention of Discrimination and Protection of Minorities) to recommend that the UN Commission on Human Rights and the ECOSOC establish a working group on Indigenous peoples' rights in which Indigenous peoples themselves participate. Since 1982 the WGIP has been holding its annual meeting in Geneva at the end of July, just before the session of the Subcommission on Human Rights. Consisting of five experts, the Working Group has a dual mandate consisting of the study of problems confronting Indigenous peoples and the elaboration of international standards for Indigenous rights. At every session, hundreds of Indigenous representatives are present to participate in the drafting of these standards. The WGIP focuses on Indigenous intellectual property rights as well as on a comprehensive investigation of the treaties that exist between states and Indigenous peoples. The fact that Indigenous peoples from around the world, NGO's, specialized UN agencies and governments are all free to participate in the Working Group's open meetings makes it an excellent forum for multilateral discussions and exchanges of information between these diverse groups. In 15 years, the WGIP has made an enormous contribution to the development of standards dealing with the rights of Indigenous peoples. Perhaps their most consequential project is the Declaration on the Rights of Indigenous Peoples, created by and for Indigenous peoples. In 1993, the WGIP adopted the completed draft of the declaration, which was unanimously approved by the experts of the Subcommision on Human Rights in August 1994. This approval is extremely significant because it acknowledges that a higher impartial UN organ of human rights experts has accepted the special competence of the WGIP to create their own proposals concerning their own rights. And whereas the text of the Declaration is not as strong as a declaration drafted solely by Indigenous participants would be, it constitutes standards for Indigenous rights (including political autonomy, control over resources, and land rights) that are more satisfactory Vol. 10 No.4 than the ones in ILO Convention 169, although as a declaration and not a treaty it will never be binding. M A N RIGHTS Indigenous Peoples. With no Coordinator to apply to, is now very vague how Indigenous organizations are to gain access to the working group. The Declaration is now being negotiated by a special inter-sessional working group of the Commission on Human Rights. The Commission is a human rights organ above the Subcommission consisting of state representatives. The Declaration has thereby begun its tortuous passage from the expert bodies up to the highly politicized realm of the UN. Here the draft will probably be amended and then pass through the ECOSOC to the General Assembly of the UN for final approval. In addition to impacting the UN decision making process on the Draft Declaration, the activities of Indigenous peoples in the WGIP also had an affect on the General Assembly's proclamation of the International Decade for Indigenous Peoples in 1993 and its consequences. After this proclamation, many Indigenous speakers at the WGIP asked for a deadline for adopting the Declaration during the Decade. In addition, many speakers urged the UN to take more operational measures and to show Like the ECOSOC, the working group stronger political commitment to a perof the Commission on Human manent forum for Indigenous THE FACT THAT Rights is open to human peoples. rights NGO's with a consultaINDIGENOUS tive status, but initially not to The debates in the WGIP on PEOPLES FROM In Indigenous NGO's. the forum show that the AROUND THE response to Indigenous peoexamination of this question WORLD, NGO'S, ples' demand that they be preis making some progress. In sent at any attempt to define 1996, most Indigenous peoSPECIALIZED UN their rights, the Commission ples agreed that the forum AGENCIES AND introduced the possibility of should not replace the WGIP, GOVERNMENTS but should be a high level participation for Indigenous organizations. The process for ARE ALL FREE TO body within the ECOSOCPARTICIPATE IN application however is long system with a wide mandate. and complicated. The At the latest meeting of the THE WORKING WGIP in July 1997, Indigenous organization or GROUP'S OPEN representative must apply to MEETINGS MAKES Indigenous delegations recthe Coordinator of the ommended to the experts International Decade for IT AN EXCELLENT that the forum should be on Indigenous Peoples. The the same level as the FORUM FOR Coordinator consults the state Commission of Human MULTILATERAL government of the concerned DISCUSSIONS AND Rights, and that it should organization, and then forconsist of Indigenous repreEXCHANGES OF wards the information to the sentatives, state representaINFORMATION UN Committee on NGOs in tives and representatives of New York. It is this body THESE specialized UN agencies, all which has the power to DIVERSE GROUPS. with an equal right to particdecide which Indigenous ipate. Every six months, in organizations are allowed to attend the February and July, the forum should meet working group of the Commission on in Geneva, and discuss all Indigenous Human Rights. With 87 out of a 112 issues. These recommendations are now applications approved, it seems that the being negotiated by the Subcommission possibility would now exists for some on Human Rights. Furthermore, wider participation of Indigenous repre- Resolutions have been put forward in the sentatives in the work of the General Assembly concerning the Decade Commissions' working group. However, and the possible establishment of this governments often don't recognize these permanent forum. The issue was also disIndigenous organizations, rendering the cussed at special workshops in whole process of application useless. In Copenhagen ('95) and Santiago ('97). addition, recent UN reorganization has put an end to the position of Coordinator On the whole, the number of UNof the International Decade for meetings and activities of concern to Continue on page 35 33 j �------------------------ H ---------- Continued from page 33 Indigenous peoples has expanded substantially within the last few years. In March 1996, the above mentioned Indigenous subjects and activities were an agenda item at a meeting of the Commission on Human Rights, for the first time in the relationship between the world's Indigenous peoples and the UN. Conclusion The WGIP has become a vast forum of Indigenous peoples. The impact of this group cannot be doubted, as the question of Indigenous peoples is now solidly attached to the list of UN concerns (for example, see the 1993 General Assembly proclamation of the International Decade for Indigenous Peoples). Such success has woken up some sleeping national governments. At the level of the Commission on Human Rights, the Draft Declaration prepared by the WGIP was the subject of detailed examination, and it is feared that several essential provisions adopted by the WGIP and the Subcommission on Human Rights will be modified restrictively The fact that the WGIP is at the bottom of the UN hierarchy makes the success a bit of an illusion. Within the UN, governments decide, which makes it necessary for Indigenous peoples to gain access to the higher UN fora. Hence the debate on the creation of a permanent forum. Action must not be limited to the level of the WGIP Gains need to be consolidated. Over the last thirty years, Indigenous peoples have successfully challenged the derogatory procedures that have characterized the past, and have made great strides in having their exis- U M A N RIGHTS tence, as distinct, independent cultures with special concerns, acknowledged by the world's most powerful international bodies. Their mobilization and dedication has led to significant changes in the way their issues are addressed and acted upon, but there is still a lot to be done before Indigenous peoples hold real positions of power at the higher levels of the UN system. In the WGIP, Indigenous peoples need to focus on the strategies that need to be developed to have an impact at all levels of UN decision making in the future ..... Information from: IWGIA (International Working Group for Indigenous Affairs), The International Service for Human Rights, Nilo Cayuqueo, Sharon H. Venne. For more information concerning the consultative relationship between the UN and NGO's see: ECOSOC Resolution 1996/31 South Am.erican Explorers Club The best source of information and advice for travel in Latin knerica 126 Indian Creek Roacl, Ithaca, NY 14850, USA Tel (607) 271-0488 F"" (601} 217-6122 e-mail explorer@Nmexplo.org http>//ww.u.... mexplo.org The SAEC is a non-profit organization The Native Monthly Reader A scholarly newspaper for young adults !Jf.l-r(q(invitesyou to su6scri6e for1our sclioo~ cfassfoom, B6rary, orJatm{y. The Native Monthly Reader is published throughout the school year, (Oct.- May), and is designed for the middle and high school grade level. This publication is breaking the resistance to muti-ethnic and ethnic-specific curricula in the educational system. Join us in 6ritfg_ing cross-cu(turaf understandingfor toaays youth aru£ thefuture. Eight Issues: US$18-Single; $60-10 per mo. $110-20 per mo.; $150-30 per mo. Apubijcaflonol RedSun Institute P.O. Box 122 • Crestone, CO 81131 (7 19) 256-4848 Phone/Fax Vol. 10 No.4 Featuring direded by arwtnamu Fantasy Songs from IN AN EFFORT TO HElP THE YANOMAMIINDIANS OF Blb\ZIL RECLAIM THEIR LAND fROM GOLD MINERS ~ 'i'he Roxie Cinema, San Frandsco * tursday, October 23, 1997, 7:00pm* : $10 donation at !he door* Proceeds from the evening go directly to support the Yanomomi * ~ Tickets available of Modern Times Bookstore * Info: 415-398·4409 or visit: www.amazonjournol.com 0~ * * * * 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. 10, No. 4 (Fall 1997) 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 Indegenous peoples at the United Nations: How much influence do we have? Type The nature or genre of the resource Magazine Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Indegenous peoples at the United Nations: How much influence do we have? Item Type Magazine Article Attachment Title Vol. 10, no. 4 (32-33, 35).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note Indigenous communities have had an increasing amount of influence in the UN, encouraging change within the international community. However, more could be done, leading many to suggest the creation of a permanent forum. Pages 32-33, 35