Land and Conflict

United Nations Economic and Social Forum (ECOSOC) 2005 HIGH-LEVEL SEGMENT
Ministerial Roundtable
New York, 30 June 2005

Presentation by Martin Cheong of the Amerindian Peoples Association (APA), Guyana

The necessity and importance of this forum cannot be overemphasized. The theme "Land and Conflict" itself, reflects a phenomenon that was present with man from his beginning and will certainly continue to reside with him to his end. The fact is, while "land and conflict" or conflict over land, cannot be totally eliminated from the world; individuals, organizations, countries as well as continents must take all possible initiatives to minimize this evil that has, and continues to plague humanity. Sadly, it is the world's most vulnerable, unfortunate, underprivileged and impoverished that suffers most of the time. This therefore underlines the need for the deliberations at this influential forum to be considered seriously and acted upon expeditiously. For solutions to "land and conflict" is an obvious recipe to curtail poverty, violence and bloodshed to make our world a better place.

For centuries, one of the most deprived group that has suffered regarding ownership and control of lands is the indigenous peoples of the world. History as well as contemporary writers documented the many atrocities faced by this particular sect of our brotherhood. Despite their efforts, like the queen of Sheba remarked after hearing about and thereafter experiencing the wisdom and riches of King Solomon "the half has never yet been told".

Indigenous people have occupied their land and territories for thousands of years, some since time immemorial. Yet as we speak today these natives are battling furiously for rights and ownership to land which really belongs to them.

Referring to the Aborigines of Australia, Father Dave Passi, Plaintiff, 'Mabo' Case in 'Land bilong Islander' 1990 said:

"Indigenous people have evolved with the land - changing it and changing with it. The land was not just soil or rocks or minerals, but a whole environment that sustains and is sustained by people and culture. For Indigenous Australians the land is the core of all spirituality and this relationship has been deeply misunderstood over the past 200 years or so. This relationship is central to all issues that are important to Indigenous people today."

These profound pronouncements are not only confined to Australia 's indigenous people but mirrors the experience of indigenous peoples the world over. It would appear that this "deep misunderstanding" of indigenous peoples' lands and what it means to them did not die with the European colonisers but still lives with politicians and policy makers of the day. This may very well be the paramount reason why these two groups are reluctant to deal with indigenous land tenure and rights issues in a definitive way.

Guyana , the only English speaking country in South America is home to approximately sixty thousand indigenous people, commonly known as Amerindians. In fact, the word " Guyana " means "land of many waters" and is Indigenous in origin. The indigenous population is comprised of nine peoples. Since the time of the Dutch, the British and post independence the first peoples of Guyana were fighting for recognition and ownership of their lands.

One of the major challenges faced by Guyana 's Indigenous peoples is the operating of extractive industries on their ancestral and traditional lands. While some of these operations are illegal, most are licensed by the Government, without prior consultation with communities. The activities include mainly mining and forestry. While most communities have title to their lands, land use sprawls way beyond these boundaries. Even the titles communities have give them minimum control over their lands and exclude jurisdiction over waterways and subsurface resources. This does not give communities confidence of secured rights. There is therefore need for Governments to take indigenous peoples' customary rights and tenure systems for land, territories and resources into consideration, when enacting laws and formulating policies related to Indigenous peoples. Indigenous peoples should be given the opportunity to participate in such processes.

Local laws have limited provision for the protection of indigenous peoples' rights on non titled traditional and ancestral lands. Unfortunately, even the small legal provisions are paralyzed by lack of monitoring and execution, due to the absence of will and limited appropriation of resources by Government to address this matter of importance. Improper monitoring of these activities has created social, economic and significant environmental problems for the Amerindians. They suffer as a result of polluted rivers and creeks and malaria is rampant due to pools of stagnant water left by land dredging. Depletion of fishes and wild animals used for food is a growing concern. This causes communities to suffer, helplessly. To add insult to injury, communities do not benefit from the proceeds from these lucrative business enterprises. While the Government attempted to have resources from mining used for community development in some areas of the country, the effort was not welcomed because of the flawed approach.

In Guyana , many communities that have titles to lands are dissatisfied with the size of the area given to them. The dimensions were not discussed nor negotiated with communities but unilaterally imposed by the Government. Thus, other areas of their ancestral and traditional lands were not taken into account.

This attitude of making decisions for indigenous peoples without their prior and informed consent, as well as active participation must change if peace and harmony will be the theme of the world.

The Amerindian Peoples Association (APA) of Guyana , since its formation in 1991, has been strongly advocating for the rights of the Indigenous communities nationally. Much work was done with communities on capacity building in leadership, land rights issues, rights under local and international law and lobbying for legislative reform. Community resource evaluation (CRE) using participatory and community-based mapping, and legal suits against the government and miners, are also some means employed to have indigenous people rights respected. It is therefore important that civil society groups like the APA be given support by governments and international agencies in areas of institutional strengthening and technical expertise to boost their efficiency. There is no question as to the vital role such organizations play in helping underprivileged communities to secure and maintain their rights.

Finally, it is extremely imperative that International Financial Institutions (IFI's) that support projects in and around Indigenous communities worldwide scrutinize proposals carefully. Funding should not be considered for such endeavors without ascertaining that the rights of Indigenous peoples are given the maximum attention it deserves.

It is hoped that meaningful guarantee could be given at this forum to pursue making land and other productive resources available to the people of the world equitably, especially the poor. One guarantee is however sure; Indigenous Peoples will fight with their lives for their land. Father Dave Passi in the Mabo case 1990 posited:

"It is my father's land, my grandfather's land, my grandmother's land. I am related to it, it give me my identity. If I don't fight for it, then I will be moved out of it and [it] will be the loss of my identity.

Presented by Martin Cheong of the Amerindian Peoples Association (APA), Guyana , South America on behalf of the International Land Coalition (ILC) Rome , Italy and UN-HABITAT.

June 30, 2005