The United States is the last of the four countries that originally voted against the UN Declaration to reverse its position. By endorsing the Declaration, the US affirms to the world that indigenous peoples have the right to be free from discrimination and forced assimilation, and the right of self-determination.
“The rights of indigenous people are often overlooked, ignored and violated, particularly when it comes to large-scale oil, gas, and mining projects,” said Raymond C. Offenheiser, president of Oxfam America. “Today’s endorsement by President Obama will strengthen indigenous people’s rights to make decisions about how their land is used and to be free from discrimination.”
While large-scale resource projects may bring opportunity for citizens of the nations where the resources are being developed, many of the poorest and most vulnerable, in many cases indigenous communities, are often excluded from the benefits that might be generated by these activities.
The Declaration enshrines the right of indigenous peoples to Free Prior and Informed Consent (FPIC), the principle that local communities must be adequately informed about development projects in a timely manner and be given the opportunity to freely approve (or reject) a project prior to the commencement of its operations. In particular, the Declaration calls on states to consult with indigenous peoples through their representative institutions to secure their consent prior to approving projects that would affect their lands or territories and other resources. This would allow and encourage indigenous communities to fully participate in the decision making process around such projects.
“Violations of indigenous peoples' basic human rights, such as rights to land, resources and the environment, often lead to disastrous consequences for these communities,” said Offenheiser. “We are pleased to see the US government take this long-overdue step towards addressing this situation and look forward to seeing the US government promote the principles of the Declaration, including FPIC, in its engagement with international financial institutions and other governments.”
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One key topic of discussion has been the right of communities to what is termed “free, prior, and informed consent.” Peru’s congress passed a bill in May 2010 requiring consultation with indigenous communities about development priorities. Five indigenous organizations worked in coalition to promote the bill, assisted by a number of allies, including Oxfam. In June, Peru’s executive branch returned the bill to congress with suggested revisions. The coalition cautions the legislature to preserve the original intent of the bill: to reduce conflicts over access to resources and indigenous lands.
Free, prior, and informed consent requires the government to allow indigenous people to participate in decisions about the type of economic development that is carried out on their lands. This right is protected by the International Labour Organisation’s Convention (known as ILO Convention 169) that Peru signed and ratified in 1993. Article 7 of ILO Convention 169 states that people have the right
to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy and otherwise use, and to exercise control…over their own economic, social and cultural development.
There is a pressing need to reduce the number of conflicts over access to resources in Peru. The country’s Ombudsman Office issued a report in July 2010 that cited 248 conflicts—125 of which were characterized as “socio-environmental.”
Indigenous groups in Peru are concerned about the future of the consultation bill. "If there is no consultation mechanism,” explains Mario Palacios, representative of CONACAMI, a national organization of communities affected by mining, conflicts will increase.
“Many conflicts originate in indigenous peoples’ territories and the consultation [law] would help to resolve them." He says that if Peru’s congress were to adopt the revisions suggested by the executive branch, the consultation law would be ineffective.
Human rights activist and attorney Hernán Coronado points out that this potential impasse is a threat to the dialogue that had developed over the last year between the Peruvian government and indigenous people. For Coronado, the executive branch’s suggested modifications would produce a law that falls short of international standards. In addition, the suggested revision to the bill would diminish the efficiency of the original standard. "It proposes consultation only when communities have legal titles for their lands; this causes problems since there is no such land register in many peasant and indigenous communities," he explains.
The members of the coalition working on the consultation bill are the Interethnic Association for Development of the Peruvian Amazon (AIEDESEP), Confederation of Amazonian Nationalities of Peru (CONAP), National Confederation of Communities Affected by Mining (CONACAMI), Peasant Confederation of Peru (CCP), and National Agrarian Confederation (CNA). The coalition awaits further discussion eagerly. Peru’s congress is expected to take up discussion of the consultation bill in the coming weeks.
]]>The International Labour Organization (ILO) is calling on President Álvaro Colom to suspend operations at the Marlin Mine in the western highlands. The ILO’s Commission of Experts told the government that it should “suspend exploitation” until it can provide information for a review under way concerning the social, spiritual, cultural, and environmental impact of the Marlin mine on local Maya people. (See the Report of the Committee of Experts on the Application of Conventions and Recommendations, pp. 769-770.)
The same report (p. 781) urged the government of Peru to suspend mining exploration and operations affecting indigenous people until “until such time as the participation and consultation of the peoples concerned is ensured through their representative institutions in a climate of full respect and trust.”
The review is part of the government’s responsibility under the ILO’s Convention Concerning Indigenous and Tribal People in Independent Countries (known as ILO Convention 169).
In addition, the UN’s Committee on Elimination of Racial Discrimination (CERD), in its 76th session in Geneva urged the government of Guatemala to take action to support the human rights of indigenous people affected by mining: “It was recommended that Guatemala put in place adequate mechanisms, in conformity with the United Nations Declaration on the Rights of Indigenous Peoples and International Labour Organization Convention No. 169, to ensure effective consultation with communities that could be affected regarding projects for the exploitation and development of their natural resources, with the objective of obtaining their prior informed consent.”
These statements reaffirm the importance of free, prior and informed consent (FPIC) of the indigenous people of Guatemala. Local communities--especially indigenous communities--have to be informed in a timely manner about development projects and should have the opportunity to approve (or reject) a project before it starts.
Oxfam America works with national organizations to inform communities about the possible effects of mining projects in their communities and their rights to FPIC. “The reports and the recommendations of ILO and CERD reconfirm the importance and the validity of the demands of the indigenous people in Guatemala affected by mining, and the importance of consulting with these communities,” affirms Andrés McKinley, program officer for Oxfam America in Central America. “In the absence of these fundamental rights, mining in Guatemala will continue to threaten peace and sustainable development in the country.”
]]>Unfortunately, not all indigenous groups participating in these working groups felt that the discussions were productive. AIDESEP, a long-time Oxfam America partner and one of the largest federations representing indigenous peoples in Peru’s Amazon, has withdrawn from the dialogue process, citing lack of progress and reluctance on the part of the government to accept its share of the responsibility for the violence in Bagua.
While indigenous people and the government struggle to continue a meaningful dialogue, the Indigenous Federation of Madre de Dios (known as FENAMAD) has been objecting to the presence of Hunt Oil of Texas in the Amarakaeri Communal Reserve (RCA), part of the 3.5 million-acre Block 76 oil concession located in the Madre de Dios region in southeastern Peru. FENAMAD contends that Hunt Oil could be playing indigenous communities against each other to gain access to their lands. “The current strategy of the US company Hunt Oil is to negotiate directly with the members of each native community and seek to divide them and provoke open confrontation among the brother indigenous people within each community,” FENAMAD is saying in a memorandum.
There is a real danger this could emerge as the next flashpoint in a disturbing stream of conflicts between communities and oil and mining companies in Peru. The Peruvian Ombudsman Office estimates that of the 273 social and environmental conflicts in Peru in the first six months of 2009, 80 percent were related to extractive industry projects. (In 2008 there were 123 social and environmental conflicts in the same period.)
FENAMAD and other indigenous federations are insisting that foreign oil, gas, and mining companies must attain the free, prior, and informed consent from communities before they can enter any indigenous lands such as the Amarakaeri Communal Reserve. The right of free, prior, and informed consent is a right of indigenous peoples established under international law, and requires free access to full information (including independent analysis of project proposals), adequate time for a community decision free of pressure and coercion, and the option to reject a proposal--or accept under certain conditions.
The failure of oil, gas, and mining companies to gain appropriate access to communities with natural resources limits Peru’s ability to benefit from revenues it needs to help the approximately 50 percent of its population now living in poverty.
The legislature gave Peru’s President Alan Garcia broad powers to promote economic competitiveness through decrees last year, saying it was necessary to adapt legislation to comply with new requirements of the Peru-US Free Trade Agreement. Indigenous federations and many civil society organizations have strongly protested the possible consequences of these laws for the Amazon rainforest and indigenous lands, as well as the fact that they were adopted without transparency or genuine consultation. Some of these legislative decrees were rescinded following violent confrontations last June, but many are still in force.
Oxfam America's campaign—called the Right to Know, Right to Decide—aims to arm local citizens with the information they need to weigh the costs versus the benefits and decide whether to provide consent for the projects to move forward.
“There is a potential for this confrontation to escalate to violence,” says Emily Greenspan, Oxfam America’s policy advisor who monitors oil and gas projects in Peru’s Amazon. “Companies seeking to operate in any areas need to attain the free, prior, and informed consent of communities. Those that appear to be forcing their way into communities risk serious conflict, as we have seen in the recent past.”
]]>At least 30 people have been killed in recent weeks in violent confrontations between indigenous protestors and police. The overturn of these decrees now sets the stage for dialogue. Shortly after congress rescinded them, President Alan Garcia delivered a speech in which he said that his government should have included indigenous people in discussions about the decrees before he issued them.
The government of Peru is now initiating a commission to start a dialogue with indigenous people, and will include Oxfam's partner AIDESEP, which represents a highly diverse group of indigenous organizations from all over the Amazon region.
"Oxfam hopes this dialogue initiative will be an important first step toward lasting solutions based on indigenous peoples rights and ensuring strong environmental regulation of extractive activities in the Amazon," said Frank Boeren, Oxfam America's Deputy Director in South America.
]]>The Yanacocha gold mine is currently operating on 26,000 hectares (about 63,700 acres), high above the city of Cajamarca in the Andes mountains of Peru. But that is just a small area: The government conceded a total of 282,000 hectares (690,000 acres, slightly , larger than the state of Rhode Island) to Minera Yanacocha, a company comprised of majority owners Newmont Mining of the United States and Minera Buenaventura of Peru. Yanacocha continues to be a significant part of Newmont Mining's global production, contributing about a quarter of the 5.3 million ounces of gold Newmont sold in 2007.
Minera Yanacocha is working aggressively to expand the mine. In 2004, the mine began exploring for gold on Cerro Quilish, a small mountain that comprises the top of the watershed supplying the city of Cajamarca and the rest of the valley. Dairy and potato farmers in the area and many others opposed to mining Quilish blocked the road to the mountain in 2004. There were weeks of violent confrontation between police and protesters. In the end, Minera Yanacocha stated publicly that it had underestimated the concerns of local people and asked the Ministry of Energy and Mines to revoke its permit to explore for minerals on Cerro Quilish.
The mountain remains in the mine's concession area. Many of the Quechua-speaking indigenous people in the area consider Quilish their apu, a mountain spirit, and a sacred place. "When the clouds gather above Quilish, we know it will rain," says Nelida Chilon, a 24-year old from Bajo Porcón, midway between the city and the mountain. "We want to protect Quilish, our source of water. The [mining] engineers tell us there is water, and no pollution, but we know the land does not produce as it used to, and there is less water than ever."
Local governments representing communities opposed to mining on Quilish also adopted laws to designate it a protected natural area. Other communities where the mine intends to expand have taken similar measures. Oxfam America's partner GRUFIDES is supporting efforts by local communities to protect their land, and provides training and other support to local people eager to learn about and defend their human rights and protect their water sources. With help from Oxfam America, GRUFIDES is also working with the regional government's environmental management agency to create a land use plan that would clearly designate areas for agriculture, human settlement, mining, and other activities.
Minera Yanacocha is disputing 12 local ordinances that prohibit mining, and plans to expand mining exploitation to these and other areas, including La Zanja, where one person was killed by police during a demonstration in 2004. The environmentally fragile high altitude wetlands of El Solitario, where there are 240 ponds and lakes, is another area of proposed expansion.
Minera Yanacocha is claiming jurisdiction in Lima where the company is officially located and where judges are not familiar with these local areas. Communities are hard pressed to be properly represented in the proceedings due to costs and distance (375 miles). "With that kind of trial you know who is going to win," says Marco Arana, one of the founders of GRUFIDES, Oxfam America's partner in Cajamarca. He added that when legal and institutional roads are closed to citizens, it leads to confrontation, and "adds to the social exclusion and asymmetry of power in Peru."
Oxfam America is supporting the work of GRUFIDES to help local communities defend their rights and create an appropriate land use plan for the region. Oxfam is calling on Minera Yanacocha to:
La Paz is a small collection of rustic shelters, on the side of the road 20 minutes from Lake Izabal in eastern Guatemala. It blends into the intense green hills, dotted with small corn fields and criss-crossed by footpaths. It is the scene of a struggle between indigenous farmers and an international corporation intent on exploring for minerals on the land the Q'eq'chi use for growing corn and beans.
Freddie Mo Qub, a young leader of the community, explains the situation: A mining company called Skye Resources has a license from the government of Guatemala to explore for minerals in the area. Property rights are not clear, and the company insists it has the right to charge them rent to farm on the 3,300 acres where they have lived and worked for many of years. Eventually, they are told, they will have to leave.
The people of La Paz have designated Mo Qub, 30, to learn about the plans for the mine, determine what dangers they face, and help them develop a strategy for the way forward. He has been participating in workshops run by the Association of Friends of Lake Izabal, or ASALI as it is known in Spanish. ASALI has also taken him to visit mine sites in the western highlands of Guatemala, as well as in Honduras.
ASALI's director Eloyda Mejía is at the meeting. She says the workshops, which are done with help from Oxfam America, are designed to help the indigenous people in the area learn about their rights, and the ways that modern mines operate. When Mejía addresses the meeting, she says, "we want you to learn, see for yourselves, and make your own decisions about mining."
Mo Qub says the ASALI workshops are an invaluable source of information. La Paz is now connected to different areas of the country where indigenous people are experiencing similar problems. "If it weren't for these workshops, we would not have any clear information about the effects of mining in our communities," he says.
He has seen that mining communities in Guatemala do not benefit much from the revenues from the minerals taken from their lands. While they may be relocated and lose their fields and water sources, they may or may not get a decent job at a mine site, which usually hires skilled workers.
Mo Qub says after seeing the effects of mining on other indigenous people in Guatemala, Las Paz is not in favor of the Skye Resources project. "Everyone wants the mine to leave," he says about La Paz. "The same way it came is the way it can go. Mines use a lot of water, they pollute the water, and will damage the agricultural potential here."
For the Q'eq'chi people, the situation is curious, and a bit infuriating. They pay to work land that has been theirs for many generations, and are being pushed to leave it altogether. "We are 100 percent Guatemalans," Mo Qub says. "How is it possible that a foreign company can accuse us of illegally occupying this land? The words they say to us are offensive, and deeply anger us."
The meeting ends with a prayer, just as it started. The farmers may pray individually, but afterwards a woman says they are working together to defend their small part of the world, where they have lived for centuries. "We are united," she says. "We know our children will have no place to go if we don't fight for our land now." Like many others, she is not eager to share her name with strangers.
As if to show they will remain here, several of the men sharpen their machetes, and start clearing the grass and weeds away from the entrance of the meeting place. They slice the grass with long graceful slashes. The machetes make a metallic ringing sound as the grass jumps away from the blades, which blur as they arc off to the side and back again.
]]>It is hard to reconcile the beauty of the lake with the violence along its shores. Mejía's work to defend the environment, and propose sustainable ways of living and working, has angered some who would prefer to rely on industrial mining for economic development in the region. A local citizen's organization has written a threatening letter to the Interior Ministry in Guatemala City, saying her work to educate community leaders about the risks of mining is unacceptable. She continues working, with international observers with her at all times to protect her.
Mejía first came here 10 years ago. She and her three children settled in the lakeside town of El Estor, promoting ecotourism and waging a series of campaigns to protect Lake Izabal from oil and mining projects that she says threaten the natural resources of the region—and won—t do much to benefit the local farming and fishing communities.
In 2002, Mejía and a handful of teachers, fisherman, environmentalists, a local physician and other citizens took on Shell Oil, which had a concession to drill right through the bottom of the lake. The small band of opponents founded the Association of Friends of Lake Izabal (ASALI) and succeeded in blocking the licenses for this project. ASALI then turned its attention to nickel mines along the sides of the lake.
There has been industrial mining in Izabal since the 1950s, but it has been in fits and starts as the prices of commodities have spiked and crashed over the years. But mining is now booming everywhere, so the Canadian company Skye Resources, which bought the mine in 2004, is now preparing to work a 100-square-mile concession it acquired in 2005. The area is home to 30 indigenous Q'eq'chi communities. None were properly consulted about the concession. This constitutes a violation of Guatemala's 1996 Peace Accords and international laws that protect indigenous people. The company is now engaged in talks with communities to convince them to go along with the plan to mine.
Skye Resources is now operating at a loss as it seeks financing so it can start mining in 2009. The company estimates it could get as much as 673,000 tons of nickel out of the mine. As part of its effort to clear people out of the concession area, the company and police forcefully evicted a number of Q'eq'chi communities in January of 2007, burning their humble shelters to the ground.
"We need a strong defense of the environment here," Mejía says at her home in El Estor. She has just finished a meal of traditionally prepared fish from Lake Izabal, and dines with visitors and two members of Peace Brigades International, who accompany her to ensure her safety.
ASALI is working in 29 communities to teach their leaders about mining: how much water is used, the chemicals, the transportation, and the rights of indigenous communities to be consulted. "We want every community leader to attend one of these workshops, and share their ideas and problems and work on them together," Mejía says. With help from Oxfam America, ASALI also arranges for these leaders to visit other mining areas in Honduras and in Guatemala's western highlands to see the effects of mining on indigenous people. "This is so they can see the consequences and talk to affected people," she says.
With the laws around land rights so unclear in Guatemala, indigenous people lack the required title and other official documents they need to defend their territory. Mejía says this needs to be addressed. "Through our contacts we have put the issue of land on the national agenda; it's been discussed in congress, so people are aware of the problems of land in mining concession areas."
Much of Mejía's motivation comes from her commitment to the people, all those who fish and grow corn on the fields near the lake. "When you come here and see the needs of the poor communities, you can see that people are not asking for much in life. But when you see the injustices and the way things are taken from them, it is so unfair that they are so poor and have so few opportunities despite the richness and national treasure here," she says. "This leads you to fall in love with this place. It makes you want to do something to contribute to changes here—and to denounce the injustice."
It is just this commitment that puts her at risk. Her Peace Brigade guardians are with her and several of her colleagues from ASALI, all of whom are working under threat. Mejía says they are not radicals."We want people to understand that there is another healthy and just way to develop this area, through rational use of the national treasures we have here."
"If at some time we no longer exist, we hope that we have sowed some seeds of awareness, solidarity, and respect to the environment. In this threatening climate for our work, our vulnerability makes us do what little we can—with all our hearts."
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