BACKGROUND

This project intends to support the the indigenous people - the poorest sector of Guyanese society - to secure of their lands, forests, waters and resources and to sustainably manage and benefit from those resources.  The project also aims at alleviating poverty, improving the quality of life of the indigenous people, and providing a secure basis for furthering their economic, social and cultural well-being and development.  It seeks to achieve this through mapping and landmark litigation, involving eight indigenous communities in the Upper Mazaruni River basin.  This litigation aims at obtaining recognition of the communities full and inalienable title of the lands and resources they traditionally occupy and use.  A successful result in these communities will represent a precedent for all indigenous peoples and their land in Guyana.

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GOAL AND OBJECTIVES

• To map indigenous occupation, use of lands and resources around the Upper Mazaruni Akawaio villages of Chinowieng and Kambaru to demonstrate legal rights. Finalize a map of the entire Upper Mazaruni region to present as evidence in the Upper Mazaruni aboriginal title lawsuit.
• To assert and defend the land and resource rights of eight Upper Mazaruni indigenous communities in potential landmark litigation in Guyana 's courts.
• To control and eliminate unsustainable resource exploitation on and around indigenous peoples' lands by providing evidence in order to enforce existing legal prohibitions on logging and mining in areas occupied and used by indigenous peoples.
• To produce baseline data, through mapping, for future use in formulating sustainable use management plans, based partly on traditional indigenous management practices. This will provide the framework for regulation, conservation and sustainable use and management of land and resources, owned or occupied, and used by indigenous peoples in the Upper Mazaruni.

Trial preparation - this involves gathering factual evidence and points of law necessary to prove aboriginal title in a court of law.  Although some of this work has already been completed, additional evidence must be gathered. The addition of Chinowieng and Kambaru involves supplementing the already gathered evidence with specific material regarding these villages.  The statement of claim that initiated the case must also be amended in order to join Kambaru and Chinowieng.  Evidence gathering may be broken down as follows:

Oral history: The knowledge of the communities, the elders in particular, regarding their traditional occupation and use of the Upper Mazaruni will be documented. This will include direct knowledge and knowledge/history found or encrypted in stories, legends, myths, songs and incantations. Some of this information (and the information referred to in the following five points) has been gathered by Dr. Tom Griffiths in conjunction with the APA and community members;

Indigenous laws and customs: In particular, information pertaining to land and resource ownership, use and management, indispensable to proving aboriginal title. This can be gathered through in-depth interviews with elders and informed community members;

Spiritual and other connections to the land: Information also gathered through interviews, by analysis of songs, incantations, dances, etc.;

Social structure: Evidence on this point is important because a great deal of aboriginal title jurisprudence requires proof that the indigenous people(s) in question were an organized and distinct society at the time sovereignty was acquired by the British Crown. Much of this is presently being carried out pro bono by Dr. Audrey Colson, a renown expert on the Akawaio and Arecuna; 

Analysis of toponyms (place names): This will demonstrate that the Akawaio and Arecuna gave names to rivers, mountains and other geographical features, therefore proving that they were the first inhabitants of the Upper Mazaruni;

Present occupation and use: Information confirming present occupation and use must also be presented to show continuity between aboriginal occupation and present day use.  The maps produced by the communities will provide much of this evidence as will list plant foods and other resources used by the communities;

Archival information: Compilation and analysis of historical documents, such as accounts of early explorers, indicating the Akawaio and Arecuna to be the first inhabitants of the Upper Mazaruni, may date their occupation to a specific time period.  Much of this is presently being done pro bono by Dr. Audrey Colson.  Copies of documents and maps must be certified, either individually or by affidavit, before they can be entered as evidence;

Archaeological evidence: A literature review of the archaeological record of the Upper Mazaruni must be undertaken. This brings to light specific evidence demonstrating ancient Akawaio and Arecuna occupation of the Upper Mazaruni region.  Some of this has already been completed by Erica Guyer, an archaeologist at the University of Chicago ;

Points of law: Copies of relevant judgments concerning aboriginal title from jurisdictions other than Guyana must be compiled for submission into evidence and legal points relevant to the case must be synthesized.  Fergus MacKay of the Forest Peoples Programme is supporting this.

Mapping:  Six of the eight communities involved in this project have produced a map showing their occupation and use of land and resources in and around their villages.  Chinowieng and Kambaru now require mapping to demonstrate their occupation and use as does a small area of Paruima, the western most village in the Upper Mazaruni. The additional areas mapped then need to be incorporated into the previously made Upper Mazaruni Akawaio and Arecuna territorial map. This involves:

• Training four members of the communities in map reading, use of compass and Global Positioning System technology - four to six weeks.
• Once trained the community members conduct interviews with elders, hunters, women and others in the communities and identify guides.
• Trained members systematically gather and record GPS data on land and resource use and indigenous knowledge of the forest. Data recorded in log books and on working maps. 
• Final maps compiled at the end of each phase of the project. 
• Final maps and log books containing the GPS coordinates sent to the APA's mapping unit located in the APA's Georgetown office, which digitizes base maps and converts the log book data into computer symbols placed on the maps using a Geographic Information System.
• River, mountain and other place names are reviewed to ensure their consistency with Akawaio and Arecuna spelling. 
• Maps are printed and sent to the communities for verification and correction.
• Addition and incorporation of Chinowieng and Kambaru into the larger Upper Mazaruni territorial map.
• Final maps are printed.

Other related activities include:

• Preparation of lead counsel litigating the case.
• Presentation of written and oral evidence and maps in court.
• Preparation of expert witnesses.
• Preparation of community witnesses (elders and others).
• Obtaining translators for community witnesses.

Expected outcomes

• Lands traditionally occupied and used by Akawaio in the vicinity of Chinowieng and Kambaru villages are successfully mapped.
• Completion of an integrated map of Akawaio and Arecuna occupation and use of land and resources in the Upper Mazaruni River basin.
• Collection of accurate information on Akawaio and Arecuna laws, customs and traditions applying to land and resource ownership, use and management and on their cultural and spiritual connection to land. This will be of sufficient quality to meet evidential standards in Guyanese courts.
• Collection of sufficient baseline data produced to enable substantive discussion on land and resource management options and, as an interim measure, to use existing statutory provisions to obtain injunctions against small-scale mining operations on and around the lands of the eight communities in the Upper Mazaruni.
• A map of the Upper Mazaruni that can be presented to GGMC to show areas off-limits to small-scale mining and to provide the basis for negotiation of a protocol to employ such maps for all indigenous regions of Guyana. This can also be extended to discussions with the Guyana Forestry Commission as analogous provisions exists in the draft Forests Act.
• Production of all evidence needs to argue and substantiate the Upper Mazaruni aboriginal title claim in the High Court in Guyana.
• Addition of Kambaru and Chinowieng to the Upper Mazaruni aboriginal title claim lawsuit.
• Documentation and successful presentation of all the relevant legal precedents required to substantiate the points of law asserted in the Upper Mazaruni aboriginal title claim.

Outcomes subsequent to but directly related to the project include:

• A judicial declaration that: a) indigenous peoples in Guyana are entitled to full and equal protection under the provisions of the Guyana Constitution; b) large parts of the 1976 Amerindian Act are unconstitutional as they violate Constitutional prohibitions of racial discrimination; c) the Akawaio and Arecuna communities of the Upper Mazaruni have an unextinguished aboriginal title to the area formerly known as the 1959 Upper Mazaruni Amerindian District and; d) an order that freehold title to the area be vested in the Captains on behalf of their communities;
• Issuance and registration of title to the Upper Mazaruni communities.  This title will be vested in an Upper Mazaruni Amerindian District Council , for the lands presently outside existing titles, comprising representatives of all the villages , while the respective village councils will retain ownership and control of their existing titled areas.

Indicators

• Physical inspection of the map, documentation and other evidence substantiating Upper Mazaruni aboriginal title claim;
• Copies of legal briefs and submissions;
• Judicial Orders and Declarations suspending mining operations and affirming or denying the existence and enforceability of aboriginal title;
• Negotiation of protocols with government agencies responsible for logging and mining;
• Press, NGO and other reports about the case.
• Beneficiaries

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WHO WILL BENEFIT?

The eight Akawaio and Arecuna communities of the Upper Mazaruni River Basin are the primary beneficiaries. These communities comprise around 3800 persons and occupy an area of approximately 4500 square miles of western Guyana .  The villages are located on the Mazaruni River, or on its major tributaries. The Upper Mazaruni is bordered by Brazil to the south and south east and to the west by Venezuela .

Secondary beneficiaries are all indigenous peoples in Guyana , some 70-80,000 persons.   The elected village councils of these eight villages shall be responsible for coordinating local project activities and for ensuring that community members are aware of progress in the lawsuit. 

Parties involved in the Mapping activity: Training for field mapping: Mr. John Andries.  A member of Paruima village in the Upper Mazaruni, He will train four members of Chinowieng and Kambaru villages to use GPS to map their occupation and use of lands and resources.

Field Mapping:  Chinowieng and Kambaru will choose four persons to conduct the field mapping.  These persons will be chosen on the basis of their knowledge of the area and their reading, writing and mathmatical skills.  The mapping team will be assisted by guides from the two villages who have detailed knowledge of areas to be mapped as not all of the mapping team will be familiar with all areas to be mapped.

Map Production:  The APA mapping unit, located in the APA central office, will be responsible for production of the final maps. This will be carried out by converting GPS coordinates into map reference points with a symbol denoting the related activity or geographical feature.  These coordinates and symbols will be positioned on base maps of the region using a GIS system. The APA mapping unit has successfully produced a number of maps.

Oral History evidence:  Two of the Upper Mazaruni village leaders - Captains Czar Henry and Anderson Hastings - will collect oral history (songs, stories, dances, knowledge) and other information relevant to proving occupation and use.  These two village leaders were trained by Dr. Griffiths, a social anthropologist. This will be carried out primarily in the Chinowieng/Kambaru area and take place simultaneously with the mapping project.  Additional research will also be conducted in other villages to complete information gathered previously. This is an integral part of proving the case in court .

Assumptions

• that the judicial system of Guyana will treat the aboriginal title claim fairly and as a legal issue to be resolved, rather than a political issue requiring the input of the Executive branch;
• that the judge appointed to hear the case will be persuaded, by both the overwhelming weight of authority in support of the existence and enforceability of aboriginal title and the weight of the factual evidence presented, to find in favour of the Upper Mazaruni communities;
• that the Executive branch will refrain from interfering in the legal process and allow the courts to make an independent determination of the factual and legal issues without coercion;
• that government, its agencies and agents will; (a) obey a judicial order declaring the existence and enforceability of aboriginal title; (b) suspend mining operations; and, (c) issue legal title to the communities.

Implementation: The project will be implemented generally by members of the Upper Mazaruni communities, APA staff and the lawyers working on the case.  For the mapping project, persons from Chinowieng and Kambaru will be trained to conduct the fieldwork component of the mapping project and APA mapping technicians will produce the maps.  Elders, hunters and women will also be involved in the mapping, which will be supervised by the respective village councils and APA programme staff.  Two Upper Mazaruni Captains, trained by an anthropologist, will also support evidence production simultaneously with the mapping project to ensure that Chinowieng and Kambaru are incorporated into the existing documentation of oral history, place names, resource use etc.  All of the project staff will be directly responsible to both the APA and the village councils.

The lawsuit will largely be implemented by the lawyers involved, with Joanna Simmons, APA staff lawyer, and Fergus MacKay of the Forest Peoples Programme being responsible for much of the evidence preparation, coordination of the expert witnesses and briefing the two lead counsels.  Both will be responsible to the APA Executive Committee and Programmes Administrator as well as the plaintiff communities.   The two lead counsels will be responsible for reviewing evidence, preparing witnesses and, subsequently, arguing the case at trial.

MONITORING & EVALUATION

Monitoring plan, schedule and indicators for measuring results and impact:

Monitoring plan: This project will be monitored and evaluated at different levels. First, the lawyers and APA personnel are responsible to the Executive Committee of the APA which develops policy and oversees the activities and operations of the organization.  Five members of the Upper Mazaruni communities are on the APA Executive Committee and one is a member of the core Executive.

Second, at the community level, each village council directly involved in project implementation - mapping and some of the evidence production - also oversees and monitors other project activities.  Third, at the regional level through the Upper Mazaruni Amerindian District Council, on which each community is represented.  Fourth, the Amerindian Legal Services Center has its own advisory board, comprised of lawyers and experts in indigenous rights. Finally, the activities of the APA are regularly evaluated by Novib and the Rainforest Foundation US, two of our core funders. These evaluations include all projects conducted by the APA.  If an external evaluation is required, specifically focused on this project, the APA proposes that this be undertaken by Fergus MacKay of the Forest Peoples Programme who has been involved with the case, knows the Upper Mazaruni and the APA well, and is also able to provide constructive criticism.

Schedule: It is planned to hold two formal evaluation meetings in the Upper Mazaruni communities during the project.  The first will take place upon completion of the Kambaru/Chinowieng map and incorporation of these villages into the larger Upper Mazaruni map (after 6 months).  Both the mapping project and addition of these communities into the lawsuit will be discussed in each of the communities. The captains of the six other villages will also attend these meetings.  The second meeting will take place after all the evidence has been finalized and plaintiffs are ready to proceed to trial (after 9 months).  Progress with the mapping project will also be monitored by the mapping trainer who will return to the area within 3 months of project commencement. A report on progress will be provided to the APA and communities involved.

Additionally, there will be a series of meetings with the Captains, in Georgetown, to discuss strategy and to provide the basis for community briefing when the Captains return to their villages.  At least four of these meetings, attended by the lawyers and other project staff, will take place on a quarterly basis during the first year of the project.  The APA will also provide radio briefings to the communities on progress with the lawsuit once the trial has commenced.

Results and indicators:  Each evaluation meeting will be reported on and issues requiring follow up will be addressed. Progress on addressing these issues will be reviewed at the following evaluation meeting.  These reports will indicate to what extent monitoring is proceeding satisfactorily and whether any changes are needed. 

Self-monitoring by the community and peer monitoring: The Upper Mazaruni communities are plaintiffs in the case and directly responsible for mapping and certain aspects of evidence production.  The communities presently hold regular public village council meetings to discuss progress and to hear concerns and will continue to do so.  This is an essential part of the monitoring process because the village council is directly elected by, and responsible to, the community. Moreover, the council is directly involved in overseeing the project's activities.  This provides both accountability and formal oversight on the part of the village councils and peer monitoring of the village councils and project staff by the community members themselves. The Upper Mazaruni are close knit, relatively small communities; very few activities escape the attention of the village council and members of the community. This is especially so in case of activities at the heart of the communities' primary concern: protection of their ancestral lands.  As stated by Captain Czar Henry of Jawalla village, "the main issue is the question of lands.  If this could be settled to our satisfaction, we could think about progress and our future development.  But though we have plans for developing our community, we find it hard to concentrate on this while our lands rights are so uncertain."  The APA is also an integral part of monitoring project activities undertaken by the communities and regularly communicates, both by radio and in person with community members and village councils.

Method for collecting and analyzing experience and lessons learned: The APA and the Upper Mazaruni communities will periodically hold evaluation meetings to analyze the project and lessons learned. These evaluations will also take place at the APA Executive Committee level, so as to involve the highest decision-making body of the APA, to learn from their experiences and to share the lessons with other regions of Guyana in order to inform projects and activities in those regions. These lessons will be fed into follow up or replicated projects, both formally through developing lessons worksheets - one-to-two pa ge documents explaining the project and lessons learned - and through incorporation into future project design, and informally through community and technical team level discussions.  Results and lessons will also be discussed with APA's technical and policy advisors, particularly the Forest Peoples' Programme and Indian Law Resource Center.  These organizations will be asked to provide an external evaluation of the project activities in order to obtain an external opinion and to support additional discussion and refinement of methodology. 

Documentation of activities and lessons learned: The APA and communities will document activities in the form of reports - expert reports, reports on the mapping process - with photos and in some cases via video. The APA has a video camera that is used for documentation and interviews. These videos are often used by the news media and others.  The APA will also produce a brochure for indigenous communities outlining the process employed and results of the project. This will be done as a guide to inform other communities about the project, as well as provide a step-by-step methodology for replication.  The APA will also produce its own internal evaluation of the mapping process to support further refinement of the process for future projects. This has been done after all previous projects and has been enormously helpful.  Finally, the project could be documented in a book form to be distributed in Guyana should the Upper Mazaruni communities see the value in doing so.

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