Devastating Environmental Impacts of Activities on Ancestral Lands Underlined by Speakers, as Indigenous Forum Continues Debate
Development projects that could have wide-ranging impacts on the traditional lands and territories of indigenous peoples needed to be subject to free, prior and informed consent, the Permanent Forum on Indigenous Issues heard today.
Indigenous peoples not only had the right to access their traditional lands, but also to oppose activities that could have serious impacts on that territory, participants emphasized as the Forum continued with its debate on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
Throughout the discussion, many speakers detailed events that had resulted in devastating environmental impacts on their ancestral lands.
A representative of Southwest Native Cultures recalled that in August 2015, the United States Environmental Protection Agency investigated the Gold King Mine, near Silverton, Colorado, and in the process, accidentally spilled 4 million gallons of mine waste water and heavy metals into several waterways which millions of people relied on for drinking. The Agency had not cleaned up the disaster nor provided assistance.
The rights of indigenous peoples continued to be violated, reported a representative of the Office of the United Nations High Commissioner for Human Rights (OHCHR). He noted that a number of new human rights initiatives and measures put in place addressing key indigenous issues had yielded mixed results. The real test of international discussions on indigenous rights must be concrete improvements on the ground, he stressed, noting that many of those who stood up to protect their rights faced legal action and in some cases death.
In that context, Edward John, Forum member from Canada, recalled the assassination of Berta Cáceres, who was killed in Honduras in March while opposing a development project. He commended the World Bank’s decision to pull out of the project that Ms. Cáceres was protesting at the time of her death and urged the financial institution to exercise policies that ensured the protection of the lives of indigenous peoples.
The World Bank was committed to both strengthening country capacity to enhance engagement with indigenous peoples and building the capacity of indigenous organizations, highlighted a representative of the institution. The Bank’s work to address indigenous peoples’ development at the local, national, regional and international level was vital to realization of their rights, he continued.
The Global Environmental Facility had undertaken several initiatives to provide indigenous communities financing for projects aimed at protecting the environment, its representative told the Forum. In that regard, her organization was launching a new user guide that included information on the types of projects it had supported and how to access them.
Also speaking today were the representatives of Ukraine, Fiji, Russian Federation and Chile.
Forum members from Canada, United States, Russian Federation and Cameroon made interventions, as did a member of the Expert Mechanism on the Rights of Indigenous Peoples.
Representatives of the International Fund for Agricultural Development (IFAD) and Economic Commission for Latin America and the Caribbean (ECLAC) also delivered remarks.
The Permanent Forum on Indigenous Issues will reconvene at 10 a.m. on Friday, 13 May, to continue its fifteenth session.
Statements
IHOR YAREMENKO (Ukraine) said violations of human rights and fundamental freedoms were unacceptable and he condemned the illegal annexation of Crimea, the denial of Crimean Tatars’ rights and systematic violations by the Russian Federation in the peninsula. He urged an end to the systematic pressure on the Tatars and repression of Ukrainians, calling on the Russian Federation to end such human rights violations in the Crimea, which was a sovereign part of Ukraine. He called on the international community to condemn actions of Russian occupation authorities. World leaders should make necessary efforts to protect Crimean Tatars from harassment by the Russian Federation and he appealed to all countries to join in the 18 May remembrance of genocide of Crimean Tatars, remembering those who were criminally deported by the Russian Federation.
Mr. FELIPE, World Bank Group, said the financial institution was committed to both strengthening country capacity to enhance engagement with indigenous peoples and building the capacity of indigenous organizations, including through the Forest Carbon Partnership Facility. Indigenous peoples were also observers to the climate investment funds. It sought to position excluded sectors of society, such as indigenous peoples, at the centre of the development agenda. A new report on “Indigenous Latin America in the Twenty-First Century” found that while over the first decade of the millennium, indigenous peoples in that region had made significant progress in reducing poverty and improving access to basic services, they did not benefit to the same extent as non-indigenous Latin Americans. The Bank’s work to address indigenous peoples’ development at the local, national, regional and international level was vital to realization of their rights.
Ms. WATANABE, Global Environmental Facility, said her organization had undertaken several initiatives in support of the United Nations Declaration on the Rights of Indigenous Peoples and over the last two years had discussed ways to increase indigenous access to Global Environmental Facility financing for projects aimed at protecting the environment. Her organization had worked to enhance indigenous peoples’ awareness of the different Global Environmental Facility funding modalities and was launching a new user guide that included information on the types of projects the organization had supported and how to access them.
AYSA MUKABENOVA, Forum member from the Russian Federation, said she shared the tragedy lived by the Tartar people. It was a pain felt by all Russian people. She recalled that a number of laws had been adopted on the rehabilitation of repressed people and several measures put into place, including a decree aimed at addressing indigenous issues that had not been previously resolved. Over the last two days, participants had been discussing broader engagement of indigenous peoples in the United Nations system and it was rare that there were disputes between indigenous peoples about which groups to recognize. The right to self-determination was among the basic principles of international law and the aggressive rhetoric that was being shared in the Forum was not beneficial.
JOAN CARLING, Forum member from the Philippines, responding to comments by the World Bank, said that no mention had been made to indigenous peoples’ rights in relation to the development agenda. She voiced concern at the statement by World Bank President Jim Yong Kim on the need for the Bank to support mega-dams, as there was increasing commitment to support those projects that had seriously violated indigenous peoples’ rights. On the safeguard policy review, she acknowledged that the present draft referred to a requirement “for free, prior and informed consent”, which was progress from the previous policy, which outlined “free, prior and informed consultations”. However, several States were urging that wording revert to “consultations”. The Bank should consult with the Special Rapporteur and the Expert Mechanism on the Rights of Indigenous Peoples before the policy was adopted.
DEVASISH ROY, Forum member from Bangladesh, said free, prior and informed consent had been included in other Bretton Woods institutions and he urged the Bank to stay in line with the Declaration.
GERVAIS NZOA, Forum member from Cameroon, recalled a 16 January meeting with the World Bank in Yaoundé, where concerns were raised about the safeguard policies for indigenous peoples’ protection. Comments by indigenous leaders had not been considered, evidenced by the suggestion for the Bank to open an office in Cameroon, which would make it easier to follow up on projects in the area.
EDWARD JOHN, Forum member from Canada, recalled the tragic death of Berta Cáceres, who was assassinated in March while opposing a development project. It was of critical importance that indigenous lives were not put at risk in any way due to indeterminate practices and policies. He commended the World Bank’s decision to pull out of the hydro project associated with Ms. Cáceres’ death; a woman who had a family and children. He urged the World Bank to exercise policies that ensured the protection of the lives of indigenous peoples during development projects.
DALEE SAMBO DOROUGH, Forum member from the United States, noted the importance of the right of indigenous peoples to free, prior and informed consent and emphasized the tragic death of Berta Cáceres, who lost her life while opposing a development project. She noted that the World Bank had made efforts to review the safeguard policy. It was hoped that indigenous peoples could have a greater voice to uplift safeguard policies, such as the ones under consideration by the World Bank, to ensure they were responsive to the realities. Indigenous peoples should be heard in the context of the work of the United Nations as a whole, and not only in relation to the Sustainable Development Goals. The Declaration must remain the guiding framework for how intergovernmental organization responded to and hopefully promoted and protected the well-being of indigenous peoples.
PERRY BELLEGARDE, National Chief of the Assembly of First Nations, Canada, said that the State’s unqualified support for the Declaration was a critical step towards reconciliation with its indigenous peoples. Full implementation would take time and hard work, he said, but it would see a return to relationships entered into by indigenous ancestors that were founded on peace, security and prosperity for everyone in Canada. Calling for the Declaration to be implemented through a legislative framework, he recommended that national laws, regulations and policies — especially those dealing with resource development — be reformed to ensure that decisions which could have a serious impact on the environment and rights be subject to the free, prior and informed consent of indigenous peoples.
A member of the Expert Mechanism on the Rights of Indigenous Peoples said he had been involved in the World Bank’s consultations with indigenous peoples from African States. Those talks had proven difficult because some States had requested “going around” the Declaration and including in the Bank’s protection mechanisms other definitions or understandings of what was meant by the term “indigenous peoples”. They also had requested changing wording around free, prior and informed consent, to which he could not agree, and wanted the protection mechanism to include other terminology. He urged the Bank to continue its consultations with indigenous peoples before it approved a protection mechanism.
GENE BAI (Fiji) said his Government was assisting indigenous communities by relocating some from their ancestral villages to higher ground. Such work required help from development partners, as a failure to address the adverse impacts of climate change would offset efforts to help indigenous peoples achieve the 2030 Agenda for Sustainable Development. The majority of those affected by the 20 February cyclone were indigenous peoples in rural areas. Most schools damaged were attended by indigenous Fijian students. His country was committed to promoting the rights of all individuals and groups, including cultural rights, which were embedded in the Constitution, with provisions for redress. All indigenous land was protected and could not be permanently alienated by sale, transfer grant or exchange. Fiji was committed to ensuring that free, prior and informed consent was obtained from indigenous peoples before development was carried out.
ANTTI KORKEAKIVI, Office of the United Nations High Commissioner for Human Rights (OHCHR), said that there had been a number of new human rights initiatives and measures put in place addressing key indigenous issues, including efforts to stop violence against women and demarcate indigenous lands. The results were mixed, at best. The rights of indigenous peoples continued to be violated, with those who stood up to protect their rights facing legal action and in some cases death. Efforts must be made to support local mechanisms and activists who could make a difference. National human rights institutions had resulted in concrete results, including in countries where the very idea of indigenous people had often been challenged. The international community must ensure that the Sustainable Development Goal pledge to leave no one behind resulted in enhanced commitments to indigenous peoples and their rights. The real test of international discussions on indigenous rights must be whether efforts contributed to concrete improvements on the ground. It was proven that when human rights standards were developed in partnership with the rights holders, stronger results could be achieved.
ANDREA CARMEN, speaking on behalf of the International Indian Treaty Council, underscored the relationship between the environment and indigenous peoples’ intergenerational, maternal and holistic health. Noting the severe impacts of environmental toxins on the reproductive health of indigenous women and girls, she said core obstacles to halting those urgent violations were national laws and the United Nations multilateral environmental agreements that failed to recognize or respect human rights. Most notable among those agreements was the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, which permitted States to export pesticides and other chemicals that were banned in their own countries. That practice by the United States had been termed “environmental violence” in various international declarations, she said, noting that a key component of the normative framework linking the environment and health was article 29 of the Declaration on the Rights of Indigenous Peoples. That article specified that “States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent”.
The representative of the Russian Federation expressed disappointment at attempts to distract the Forum from substantive issues with other issues that should be taken up elsewhere, including in the Security Council. Claims by the Ukrainian representative were unacceptable. The international community understood the Russian Federation’s efforts to combat terrorism. To comments about the Ombudsman of the Russian Federation, who in 2007 was in the Russian Parliament dealing with discrimination against women, she urged a focus on issues that improved conditions for indigenous peoples.
ANTONELLA CORDONE, International Fund for Agricultural Development (IFAD), underscored the agency’s commitment to indigenous peoples, which had been reaffirmed in its strategic framework for 2016-2025. Among the groups consulted for that ten-year framework was the Steering Committee of the Indigenous Peoples’ Forum at the Fund, established in 2011. In February 2015, it had held its second global meeting focused on indigenous peoples’ food systems. The framework responded to indigenous peoples’ needs and priorities through a dedicated facility and the forum at the Fund. She supported indigenous peoples’ self-driven development and enhancement of traditional values, cultures and knowledge. “Indigenous peoples are valued partners for the Fund”, she said, which had institutionalized instruments in order to enhance its development effectiveness with indigenous communities.
AUDREY MRITTICA CHISIM, Indigenous Peoples Development Organization, said it was essential to organize regular dialogue between indigenous peoples, the United Nations system and Member States. Free, prior and informed consent was the backbone of the rights of indigenous peoples, although in many countries those rights remained unrecognized. Indigenous peoples faced serious challenges to their access to natural resources and Member States needed to find ways to solve those and other issues that compromised the well-being of indigenous peoples. Regarding the Sustainable Development Goals, indigenous peoples were eager to see how they could participate in their implementation at the country level. She recommended that the Forum seek to engage youth and women’s organization so there could be a bridge between Governments and other stakeholders.
ALBERTO PIZARRO (Chile), associating himself with the Economic Commission for Latin America and the Caribbean (ECLAC), noted that his country had instated a number of structural changes to reduce the inequality that existed within it. Tax, educational and labour reforms were some examples of the deep changes that had been encouraged. However, it was the changes to the country’s Constitution that were most significant. Indigenous peoples had an active role to play under the provisions of the Constitution and the future was hopeful. Indigenous peoples had more opportunities than ever to have an impact on national policies, as well as access to natural resources and environmental projects. Indigenous peoples needed to be fully included based not only on individual rights, but collective rights, so there would be no more invisibility. Chile had a historic debt to the indigenous peoples, who had not been fully recognized.
FABIANA DI POPOLO, Economic Commission for Latin America and the Caribbean, underscored the importance of disaggregated data for indigenous peoples. A meeting of the Committee of the Whole in Peru in April saw the establishment of a committee of Latin American countries on sustainable development. That body, under the Commission, sought to establish a regional and subregional framework for the follow-up of the 2030 Agenda. There also had been a meeting of the Statistical Committee in March. Achievements on statistical visibility had resulted from the constant pressure brought to bear by indigenous peoples and greater openness to joint work with them by statistical bodies. The Commission had updated demographic indicators for the region, which would be available later this year. The Inter-Agency Support Group on Indigenous Peoples’ Issues was elaborating a document which linked indicators of the 2030 Agenda with the Declaration and would propose additional indicators.
DANIEL OLE SAPIT, African Caucus, highlighted the adoption of the report of the Working Group of the African Commission on Human and Peoples’ Rights as a key milestone in the continent. That document had been instrumental in providing closure to the discordant voices in regard to the identity and recognition of indigenous peoples and communities in Africa. Stressing that it was time that the equal worth and dignity of indigenous peoples be assured through recognition and protection of individual and collective rights, he made three recommendations to the Permanent Forum. First, to support and strengthen indigenous education opportunities and skills; second, to strengthen indigenous peoples’ own institutions and self-governance structures; and third, to afford indigenous peoples the opportunity to continue to progress and improve decision-making concerning development on their own terms, and to remedy any shortcomings through their own forms of internal regulation and accountability.
The representative of Ukraine stressed that the autonomous territory of Crimea was occupied territory, so any actions or decrees regarding the rehabilitation of the people there had no legal basis whatsoever. He welcomed the participation of the people of Crimea in the activities of the United Nations. It was troubling that the occupying power accused Ukraine’s Government of being responsible for the blockade. His country respected gender equality and promoted the empowerment of women.
The representative of the World Bank said that regarding the death of Berta Cáceres, the financial institution deplored the high level of fear and violence in Honduras and urged the Government to address the deep-rooted land conflict there. The Bank would be happy to provide the Forum with concrete examples of its work with indigenous peoples in places all over the world. The consultative process on safeguards between the institution and indigenous peoples had been historic, spanning more than two years. The Sustainable Development Goals were viewed as a unique opportunity for the Bank to partner with indigenous peoples worldwide.
DALEE SAMBO DOROUGH, Forum member from the United States, recalling that Ukraine and the Russian Federation had had opportunities to discuss Crimea and the Tatar people, underscored the need to address the Forum only once under an agenda item. That would afford indigenous peoples an opportunity to speak.
GERVAIS NZOA, Forum member from Cameroon, said he had documents from the World Bank, which that institution’s representative could read.
UJANA TALUKDAR LARMA, Parbatya Chattagam Jana Sanhati Samiti (PCJSS), noting that economic development was linked to the principle of free, prior and informed consent, advocated a holistic approach that built on indigenous peoples’ rights. Indigenous peoples in the Chittagong Hill Tracts area continued to suffer historic injustices of discrimination and dispossession of their lands. Bangladesh had been carrying out development in the Chittagong Hill Tracts region without consulting or informing the three district councils of that area, especially on border roads and tourism complexes, which would further drain depleted forest resources. The most serious concern was the top-down approach to development in the region despite decisions by the three Hill district councils. She encouraged Bangladesh to implement the Declaration and to ratify International Labour Organization Convention No. 169 as it had pledged to do.
PEDRO ALBERTO RODRÍGUEZ AGUILAR, Consejo de Pueblo Originario Nahuat Pipil Nahuizalco, drew attention to the challenges of the indigenous people of El Salvador, calling on that Government to implement recommendations by the former Special Rapporteur in his 2012 report. The country also must follow up on policies for the aged and compensate victims of a massacre in which 30,000 indigenous peoples had been called terrorists, had their rights violated and had been killed. He called on the Government to ratify International Labour Convention No. 169, implement the Declaration and respect the free, prior and informed consent of indigenous people. The President must keep his promise to elaborate work for indigenous peoples. He demanded that El Salvador create a national action plan on the rights of indigenous peoples, and not impose a plan that did not consider their views. The Forum should urge El Salvador to account for funds reportedly given to the indigenous fund, because communities had received no such support.
A representative of SemAnahuac recalled that in Tongva territory in Los Angeles, indigenous peoples were both invisible and ubiquitous. The United States census had only recently begun recording the demographic presence of indigenous peoples from Latin America. Economic, political and extra-legal pressures due to colonization meant that the official number of indigenous residents was vastly undercounted in the United States. Economic insecurity among indigenous families under threat of deportation in the country exacerbated pressure to assimilate and disappear. Particularly concerning was the rise of settler armed groups on traditional territories of indigenous peoples and the rise of vitriolic diatribes throughout the presidential race in the United States, which threatened the security of indigenous children in public schools.
TERRY A. SLOAN, Southwest Native Cultures, said ecocide was the destruction of the natural environment by activities such as nuclear war and overexploitation of resources. On 5 August 2015, the United States Environmental Protection Agency investigated the Gold King Mine, near Silverton, Colorado, and in the process, accidentally spilled 4 million gallons of mine waste water and heavy metals into Cement Creek, as well as the Animas River, the San Juan River and the Colorado River, which millions of people relied on for drinking. The Agency had not cleaned up the disaster nor provided assistance. He urged the Special Rapporteur to visit the mine, and another in New Mexico, to report on the status and study how to apply ecocide law.