Thesis Indigenous Peoples
Thesis Indigenous Peoples
Thesis Indigenous Peoples
European office
1c Fosseway Business Centre, Stratford Road, Moreton-in-Marsh,
GL56 9NQ, United Kingdom
ph: +44.1608.652.893, fax: +44.1608.652.878
e-mail: [email protected]
ISBN:
The elaboration of this publication contents was made possible with su-
pport fromNOVIB (The Netherlands) and from the Swedish Society for Na-
ture Conservation.
This book has been prepared with the financial support of the Rainforest
Programme of the Netherlands Committee for IUCN (NC-IUCN/TRP). The
viewsexpressed, the information and material presented, and the geogra-
phical and geopolitical designations used in this product only imply the
exclusive opinion of the authors.
INDIGENOUS PEOPLES
their forests, struggles and rights
INTRODUCTION ............................................................................
AFRICA
AMERICA
INTRODUCTION
AFRICA
AMERICA
ASIA
REFERENCES ...............................................................................
8 INDIGENOUS PEOPLES their forests, struggles and rights
INDIGENOUS PEOPLES their forests, struggles and rights 9
INTRODUCTION
Pak Nazarius looked old but determined in the flickering torch light.
Hunkered down against the wall of the Dayak longhouse in the Upper
Mahakam river of east Kalimantan in the heart of Borneo, he was
explaining his ideas to a community workshop.
of the time was still that these ‘backwards’ peoples were doomed to
extinction, hangovers of a previous age that must inevitably give way to
progress.
In Africa, the same process has got underway more recently. Hunter
gatherer and pastoral groups, whose rights are so often disregarded
by national laws and policies, and other peoples pushed aside by major
development projects, have begun to take their concerns to the African
Commission on Human and Peoples’ Rights. The Commission has
itself just established a Working Group on Indigenous Populations/
Communities to ensure a fair consideration of their grievances on the
continent.
Recognition of Rights
The process in the newly invigorated African Union, follows the lead set
over the past two decades at the United Nations’ human rights
commission. As appreciation of the circumstances of indigenous peoples
has grown, the UN human rights committees have handed down a series
of judgements and recommendations recognising the collective rights of
indigenous peoples: to be considered subjects of international law as
‘peoples’; to self-determination; to exercise their customary law; to
recognition of their own representative institutions; to their lands and
territories; to control activities proposed for their lands.
of Human Rights, which has ruled, for example, that the State of
Nicaragua cannot hand out logging concessions on indigenous peoples’
lands without recognising their land rights and securing their consent.
these gains have also been endorsed by the States that are party to
the Convention on Biological Diversity.
Practical challenges
This year saw the end of the first, and the launch of the second, United
Nations’ International Decade of Indigenous People, the major goal of
which had been acceptance of the UN Declaration on the Rights of
Indigenous Peoples. This was frustrated, however, by a number of
obstaculary governments, notable among which has been the United
Kingdom which has argued with increasing vehemence but uncertain
logic that there are no collective human rights, a view clearly at odds
with the rulings of many UN tribunals and the constitutions and laws of
many countries where indigenous peoples actually live. Indigenous
peoples are now calling for the maintenance of the United Nations
bodies considering indigenous rights. It is clear that, despite the gains,
much yet needs to be done before discriminatory views, which deny
indigenous peoples the same rights as those accorded all other
peoples, are overcome.
from the denial of indigenous rights are often still dominant and
contesting change. A myriad of local struggles for land, voice and
livelihood remain to be fought before we can say that indigenous peoples
have secured justice.
communities have the capacity and resources they need to secure fair
outcomes requires more than goodwill.
We also hope this book will make clearer to forest activists why we
consider protecting human rights to be such a central issue for those
concerned to curb deforestation. What indigenous peoples are calling
for is respect for their rights —to ownership and control of their lands
and territories, to exercise their customary law, to assent or refuse
developments planned for their areas, to self-determination. Respect
for these rights is not only a matter of justice, but will also empower
them to defend what is theirs: their lands, their identities, their forests.
by Marcus Colchester,
Forest Peoples Programme.1
1
Forest Peoples Programme, 1c Fosseway Business Centre, Stratford Road, Mo-
reton-in-Marsh, GL56 9NQ, England. www.forestpeoples.org email:
[email protected]
INDIGENOUS PEOPLES their forests, struggles and rights 17
INDIGENOUS PEOPLES
GENERAL ARTICLES
The ray of hope represented by those peoples is, however, still not
strong enough and needs support from all organizations working for
the respect for human rights and environmental conservation. Such
support should not be seen, however, as “us” assisting “them”, but as
a collaborative effort to ensure present and future livelihoods for all
people on Earth.
The Ogoni and Ogiek in Africa, the Pataxo and Mapuche in Latin
America, the Karen and Penan in Asia, together with countless other
indigenous, traditional and peasant communities throughout the world
are showing the way. Their struggles are ours and the more support
they get, the more they shall open up avenues for humanity’s future.
(Extracted from WRM web site).
The history of oil and gas exploitation and transport in the tropics is
a history of human rights abuses and environmental destruction. Entire
forest ecosystems are destroyed, including deforestation, wildlife
depletion and widespread pollution of waterways and underground water.
In spite of mounting local opposition, oil and gas activities continue
being promoted.
Tropical rainforests are among the world’s most diverse and at the
same time most threatened ecosystems on Earth. While governments
have agreed on the diagnosis, they have failed in the implementation of
global and national measures for ensuring their conservation. Within
that context, it is important to highlight some fundamental issues which
have yet to be truly taken on board for forest conservation to be possible.
The first issue is that forests are not empty. Tropical forests have
been inhabited by indigenous and traditional peoples for hundreds of
thousands of years, well before the creation of most of the modern
national states. Each of those peoples have a very precise knowledge
of the boundaries of the territory used, managed and owned by them.
The third issue is that forest peoples hold the knowledge about the
forest. Proof of this is that for centuries they managed to live with the
forest while fulfilling all their material and spiritual needs through skillful
management. The causes of most modern destructive practices is
usually found in external pressures on forests from government policies
rather than in forest peoples’ themselves.
INDIGENOUS PEOPLES their forests, struggles and rights 23
The fourth and perhaps most important issue regarding the future of
the forests is that forest peoples are the ones more directly interested
in their conservation, because forests not only ensure their livelihoods,
but are an integral part of their way of life, where respect for nature is at
the core of their culture. They are not mere “stakeholders” but “rights-
holders” and as such they are the most willing (and able) to protect
their resources in the long term.
Forest peoples thus constitute a ray of hope for the forests’ future.
They hold the rights and the knowledge and their physical and cultural
survival depends on ensuring their conservation. In many cases, forest
peoples are adapting their knowledge to a changing situation, working
out and implementing alternatives for sustainable and equitable
livelihoods, away from the official and already meaningless “sustainable
development” discourse which governments and TNCs have emptied
of the meaning it initially carried.
The ray of hope represented by those peoples is, however, still not
strong enough and needs support from all organizations working for
human rights and forest conservation. Being the main on-the-ground
opposition to forest destruction, forest peoples form a basis for the
establishment of worldwide alliances of people willing to support their
struggle. Such support should not be seen, however, as “us” assisting
“them”, but as a collaborative effort to ensure present and future
livelihoods for all people on Earth.
A new report clearly links the disappearance of the world’s forests with
the horrifying catalogue of human rights abuses taking place as a result
of conflicts between forest peoples and the powerful government and
corporate interests within forests. Published by Fern, “Forests of Fear:
the abuse of human rights in forest conflicts” calls for governments,
environmental groups and aid donors to prioritise the defence of human
rights as the primary solution to solving the forest crisis.
Much has changed in thinking since then, though much still needs
to be changed in practice. But the fact is that no-one in his/her common
senses —except perhaps the President of a very powerful nation—
can think of expressing him/herself in that way without having to pay a
huge political price. Although many policies are still aimed at depriving
indigenous peoples of their rights and exploiting their forests, they now
have to be disguised under a “green” and “humanitarian” discourse,
precisely because the situation has changed.
These changes are the result of long struggles at the local, national
and international levels. Some of those struggles began under the
environmental banner and were aimed at protecting the world’s forests.
Other struggles originated in the defense of indigenous peoples’ rights
to their territories. Increasingly, people and organizations fighting under
26 INDIGENOUS PEOPLES their forests, struggles and rights
The struggle has been carried out in different arenas, ranging from
local opposition to specific “development” projects —logging, mining,
oil exploitation, dams, plantations, shrimp farming— to national and
international lobbying and campaigning efforts. At the same time,
indigenous peoples were creating their own organizations and networks
in order to participate directly at all levels, ensuring that their specific
viewpoints were reflected in the debates, especially in international
human rights fora . These parallel campaigns led to the establishment
of formal and informal alliances between the Indigenous Peoples
movement and NGO movements willing to work together for the common
aim of empowering forest peoples as the more just and practical way
of ensuring forest conservation.
Take for example, the negotiations and process under the Kyoto
Protocol of the Framework Convention on Climate Change (UNFCCC).
As an indigenous person involved in the anti-dams campaign in my
own province in India, I participated in a lobbying tour of some selected
Western European countries during late May and early June which
culminated in a press briefing during the 18th meeting of the Subsidiary
Body for Scientific and Technical Advice (SBSTA) of the Kyoto Protocol
in Bonn. This protocol was adopted to implement and make possible
some very unrealistic targets for greenhouse gas emission reductions
for the so-called Annex-1 countries (the industrialised culprits of global
warming) provided in the Framework Convention.
The CDM has no space for indigenous peoples, just as ten years
down the line since the Earth Summit of 1992 we have none at the
UNFCCC and its Protocol, despite indigenous peoples being one of
the “major groups” and our Rio and Johannesburg declarations and
plans of actions, Agenda 21, and so on. In fact, the CDM has nothing
to do actually with climate change! For, developed countries would
continue to burn fossil fuels at ever increasing rates while they buy
ever cheaper fictitious carbon credits to feel justified and morally
32 INDIGENOUS PEOPLES their forests, struggles and rights
4. What are the main problems faced by your community and your
forests?
We have begun generating jobs, improving the quality of life, training,
decreasing poverty, changing attitudes, fostering respect for the forest
and teamwork. But so far we have not managed to involve all of our
neighbours because these are new processes. Those who have not
yet benefited from these processes continue to destroy the forest,
which is why we are creating comprehensive programs linked to the
forest, such as non-timber resources, eco-tourism, environmental
services for organic production, etc.
6. Is this your first time at the UNFF? What do you think of this
process? What do you think you have gotten out of this process, or
what do you expect to get out of it? Are you happy you participated,
and do you feel that it was a good investment of your time?
This is my second time. This process is good and can be even
better. I had the opportunity to give a presentation on our experience. I
think that my experience has strengthened those of us who have always
believed that the best way to save our forests is to involve communities
in sustainable management. I also showed that the Guatemalan
experience must be taken into account.
AFRICA
Cameroon: Bagyeli struggling to be heard
Since the 19th century the land rights of forest dwellers in Cameroon
have not figured in the major decisions by the rulers. All forest lands,
defined as vacant and without owners —“vacant et sans maitres”—
became property of the state, and many forests were then opened for
timber exploitation, which closed those areas for hunting by Bagyeli,
Baka, and other so-called “Pygmy” hunter gathering communities,
whose presence across Southern Cameroon predates the colonial State.
With support from the Forest Peoples Programme (FPP) and two
local NGOs (Planet Survey and the Centre for Environment and
Development-CED), Bagyeli are beginning to secure identity cards and
engage regularly with government officials, and representatives from
the pipeline project, who have recently agreed to meet with them over
their plans for regional compensation measures. FPP and its partners
will also support Bagyeli to generate their own data for community
based maps of land use, using Global Positioning System technology
and working in collaboration with the majority Bantu communities, and
final maps will be produced for them by CED. These maps will form the
basis for future dialogues between Bagyeli and Bantu communities,
protected area managers, government agencies and pipeline authorities
to attain secure, communal land rights for the Bagyeli. (By: John Nelson,
WRM Bulletin Nº 62, September 2002).
For decades, the Ogiek have fought first with the British colonial
and then the Kenyan government to live peacefully in the Mau Forest,
where they have lived for hundreds of years. The Ogiek’s current lawsuit
dates back to a 1997 case, when the group went to court to stop the
Kenyan government from surveying and allocating Mau Forest land to
others. Later that year, the High Court ordered that no Mau Forest land
would be allocated to settlers until all issues related to it were resolved
in court. But after years of threatening to evict the Ogiek from the Mau
Forest, the government announced in 2001 it would degazette 147,000
acres of the forest. Degazetting the land would eliminate its
environmentally protected status and allow settlers from other parts of
Kenya to move in. The Ogiek then sued, charging the government was
ignoring the 1997 High Court order since the Ogiek’s earlier lawsuit
had not yet been resolved.
Kenya’s development plans threaten both the Ogiek and the Mau
Forest, one of the largest water complexes in East Africa. Experts say
38 INDIGENOUS PEOPLES their forests, struggles and rights
Although they agree with the government that Kenya lacks sufficient
agricultural land, Ogiek supporters argue that President Daniel arap
Moi is more interested in rewarding its supporters than providing more
food for its citizens and that most of the land has been given to Moi’s
close associates. Joseph Kamotho, the recently dismissed minister
for environment who has fallen out with Moi, says the Ogiek land issue
was used by “unscrupulous government officials to get more land for
themselves.”
2
Finally, Mwai Kibaki won those elections by a large margin.
INDIGENOUS PEOPLES their forests, struggles and rights 39
will be different and the Ogiek cases may finally be heard after
elections,” said John Kamau of Rights Features Service, a Kenyan-
based organization that has been monitoring the Ogiek’s case. “At
that time Moi will not be in power to protect his cronies, unless he
does so by proxy.”
the Twas’ rights to forest lands and resources are not recognised in
customary or written law and the evictions took place without
compensation or alternative land provision.
and relations of the President. Throughout this process, the Twa received
no compensation or remedial measures, nor were they included among
the thousands of people employed by the projects. Returning refugees
settling in the area and clearing land for subsistence farming have now
effectively completely destroyed the forest.
The Twa are the poorest group in Rwandan society, lacking access
to formal education, housing and health care. Few of them know how
to farm, and most eke a living from pottery, casual labour and begging.
The Twa are marginalised and discriminated against because of their
identity, and have virtually no representation in Rwanda’s local or national
administration or decision-making processes. The Twa were victims of
INDIGENOUS PEOPLES their forests, struggles and rights 43
However, over the past few years there have been some positive
developments. Rwandan Twa have organised themselves, creating
NGOs to press for improvements in the situation of the Twa. These
organisations have made representations to the President of Rwanda
and to the Commission charged with the revision of Rwanda’s
constitution, calling for affirmative action on land and education and
requesting special measures for their representation in government
processes. The Twa NGO ‘CAURWA’ is working with 70 local Twa
associations, helping them to get land, learn how to farm and develop
non-agricultural income generating activities such as tile-making,
basketry and pottery. These activities are complemented by advocacy
work at local, national and international level and community capacity
building to enable the Twa to play an active role in national processes
such as Rwanda’s Poverty Reduction Strategy, the traditional gacaca
courts that will judge the thousands of prisoners accused of genocide-
related crimes and the national Unity and Reconciliation process, that
seeks to heal the wounds caused by Rwanda’s long history of ethnic
strife. (By: Dorothy Jackson, WRM Bulletin Nº 62, September 2002).
The Tutsi moved into the area after 1550. Although recognizing Batwa
ownership of the high altitude forest, the Batwa were regarded as Tutsi’s
servants within the King’s courts. From about 1750, Hutu clans began
to move into the area, and from 1830 the Tutsi sought to establish
more direct rule over the territory, leading to conflict between the two
groups. The Batwa played an important role in these conflicts and the
44 INDIGENOUS PEOPLES their forests, struggles and rights
Tutsi could not have established or retained this region as part of their
kingdom without the support of Batwa archers. Some Batwa established
themselves in powerful positions and claimed tribute from Hutu around
them, but most would pay tribute to the Tutsi kings by bringing them
ivory, animal skins and meat. Throughout this whole period —and up
until their forced expulsion by conservationists from the forests in 1991—
Batwa would also barter meat, honey and other forest products for
other products from the local community around them.
livelihoods in the forests using their traditional skills, they now depend
on labouring —and even begging— to support their livelihoods.
To make matters even worse, there has been very slow movement
in terms of achieving some form of compensation for the Batwa for
their loss of their territories. The conservation Trust’s buying of small
parcels of land for Batwa families finally started to get somewhere in
2000. Today, according to Mgahinga and Bwindi Impenetrable Forest
Conservation Trust (MBIFCT) a total of 326 acres has been bought for
the Batwa. The original owners of the entire forest have been
“compensated” with a mere 326 acres and, furthermore, there are many
more Batwa still lacking even such miserable patches of land. The
problem has been further compounded because the 4.3 million US
dollars funding for the conservation Trust was invested in an offshore
investment trust by the World Bank/GEF in the early 1990s. The funding
for the conservation Trust has therefore been dependent on the
performance of the international stock market. With the severe downturn
in stock markets the Trust’s income has suffered. As a result, in July
2002, the Trust announced that it was cutting the Batwa component
entirely. No more land would be bought for Batwa, but meanwhile the
Trust would continue to fund the other aspects of the National Park,
including the park guards who forcibly exclude Batwa from entering
the forest. The World Bank’s own research on the impact of the National
Parks on the Batwa had stated that without the Batwa component, the
Trust’s work would simply worsen the situation for the Batwa and would
therefore run counter to the Bank’s Indigenous Peoples Policy. That
situation now appears to be the case. Will there be enough international
pressure to ensure that the Trust continues with the Batwa component,
or is there a case in international law to argue for the return of the
forests to the Batwa?
AMERICAS
The indigenous struggle for land security and their rejection of top-
down destructive resource exploitation on their lands took a major step
forward in 1991 with the formation of the Amerindian Peoples
Association (APA). The APA unites more than 80 Amerindian
communities that represent all nine indigenous peoples of Guyana.
Many of the local APA “units” are linked to its central office in
Georgetown via a radio network. The APA works to promote indigenous
rights at the national level, to keep member communities informed of
government policies, laws and projects that may affect their welfare
and to raise local Amerindian concerns with central government. A key
part of APA activity involves training workshops for indigenous leaders
on the national and international laws relating to indigenous rights and
natural resources.
In 1995 the mapping project began in the field with technical support
from the APA and international NGOs including the Forest Peoples
Programme and Local Earth Observation. A team of four indigenous
mappers were trained over six weeks in map work and the use of
Global Positioning System technology (GPS). Over nine months the
whole territory was mapped to show boundaries, past and present-day
settlements, natural resources and cultural sites using names and
categories defined by the communities themselves in accordance with
their language and traditions. The final community map showed the
48 INDIGENOUS PEOPLES their forests, struggles and rights
Those who have participated in the mapping activities point out that
the projects have been an empowering experience in a number of ways.
They emphasise that traditional knowledge has been revitalised as
younger people have worked with elders to collect the information for
the maps. Mapping has also raised grassroots awareness about land
use and resource management issues. Community mapping has turned
out to be a useful tool for the defence of indigenous territories. An
increasing number of trained indigenous mappers are now able to use
the GPS technology and their own maps to pinpoint resource
concessions that overlap their boundaries. Likewise, they can spot
cases where companies have made incursions into indigenous lands,
plot this infringement on a map and show the company that they are
on Amerindian territory without permission. Already, companies have
been obliged to withdraw their equipment when faced with this strong
evidence.
INDIGENOUS PEOPLES their forests, struggles and rights 49
still fails to address the rights of the indigenous peoples within the
reserve.
Work in the reserve started in May 2002 yet engagement with its
inhabitants has to date been governed by the pressures of work
schedules rather than a respect for their internationally recognised
rights or concern for their health and security. The most worrying
problems are: the serious inadequacies in the EA regarding indirect
impacts for the reserve’s inhabitants, the real risks of potentially fatal
encounters between seismic parties and peoples in voluntary isolation
and a failure on the part of both Pluspetrol and the state to comply with
the legal obligation to consult as stated explicitly in ILO Convention
169. Perhaps most worryingly, project activities are undermining the
rights of those peoples living in voluntary isolation to say no to direct
contact with national society. Given these flaws, activist groups should
support the findings of the independent review that calls on the Peruvian
government to “protect these populations by not allowing industrial
activities within the reserve”. They should also urge the US banks to
reject funding proposals until the fundamental rights of the reserve’s
inhabitants are properly addressed by the Camisea consortium. (By:
Conrad Feather, WRM Bulletin Nº 62, September 2002).
INDIGENOUS PEOPLES their forests, struggles and rights 53
This short article looks at one area of Suriname where the Chinese
have set up operations, the impact of those operations on the Saramaka
people, one of the six Maroon tribes living within Suriname’s borders,
and the measures the Saramaka have taken to seek respect for their
rights. Maroons are the descendants of escaped slaves who fought
themselves free from slavery and established viable, autonomous
communities along the major rivers of Suriname’s rainforest interior in
the 17th and 18th centuries. Their freedom from slavery and rights to
lands and territory and the autonomous administration thereof were
recognized in treaties concluded with the Dutch colonial government
in the 1760s and reaffirmed in further treaties in the 1830s.
The Saramaka first became aware that part of their territory had
been granted to a logging company when the employees of a Chinese
company calling itself NV Tacoba arrived in the area in 1997. When
they challenged the company, the Saramaka were told that the company
54 INDIGENOUS PEOPLES their forests, struggles and rights
had permission from the government and any attempt to interfere with
its operations would be punished by imprisonment. A Chinese company
calling itself Jin Lin Wood Industries surfaced in the area in 2000. This
company has relations with Ji Sheng, another Chinese company
operating in Saramaka territory. A concession of 150,000 hectares held
by Chinese company, NV Lumprex, was also recently discovered in
Saramaka territory. Lumprex and Tacoba are ultimately owned by China
International Marine Containers (Group) Ltd., a company registered on
the Shenzhen Stock Exchange. This company uses the timber to make
wooden floor boards for shipping containers. Finally, a Chinese company
known as Fine Style is also operating in Saramaka territory.
This request was issued after the Saramaka had highlighted the
urgent need for the IACHR’s immediate intervention in order to avoid
irreparable harm to the Saramaka people’s physical and cultural
integrity caused by the logging activities. Writing in support of IACHR
intervention, Dr. Richard Price, an anthropologist and leading
academic expert on the Saramaka, wrote that without immediate
protective measures, “ethnocide —the destruction of a culture that is
widely regarded as being one of the most creative and vibrant in the
entire African diaspora— seems the most likely outcome.” And, “The
use of Suriname army troops to “protect” the Chinese laborers who
are destroying the forests that Saramakas depend on for their
subsistence, construction, and religious needs is an extraordinary
insult to Saramaka ideas about their territorial sovereignty. … Their
presence in the sacred forest of the Saramakas, with explicit orders
to protect it against Saramakas, on behalf of the Chinese, is an
ultimate affront to cultural and spiritual integrity. By unilateral fiat,
and through the granting of logging and mining concessions to Chinese
companies, the postcolonial government of Suriname is currently
attempting to expunge some of the most sacred and venerable rights
of Saramakas. In this respect, the destruction of the Saramakas’
forest would mean the end of Saramaka culture.”
56 INDIGENOUS PEOPLES their forests, struggles and rights
The case filed by the Saramaka is the first time that either Suriname’s
failure to recognize indigenous and tribal territorial rights has been
challenged in an international human rights body. If successful, the
case may represent a precedent that will benefit all other indigenous
peoples and maroons in Suriname. The case is presently pending a
decision on the merits by the IACHR. The Saramaka have requested
that the IACHR make itself available to mediate a friendly settlement
that will hopefully result in a negotiated settlement withdrawing the
logging concessions and recognizing Saramaka territorial rights. Failing
that they ask that the case be submitted to the Inter-American Court
on Human Rights for a binding decision.
The Caura river in Venezuela is the last large affluent of the Orinoco
which has not been polluted, carved up, dammed or diverted by mining,
roads, logging and large-scale development projects. The upper reaches
are home to two ethnic groups, ‘Amazonian Indians’. These are the
Ye’kwana, a people with a tradition of well-developed shifting agriculture
and of building huge conical collective dwellings, who have been in the
area at least as long as historical records relate; and the Sanema
(Northern Yanomami) a more mobile group of hunters, gatherers and
incipient agriculturalists who moved into the area from the south about
a hundred years ago. In all, about 3,500 Indians scattered in some two
dozen settlements occupy the four million hectares of river, forest and
mountain that stretch between frontier “criollo” settlements on the lower
river and the Southern border with Brazil.
To avert these threats, the Ye’kwana and Sanema formed their own
inter-ethnic association, which they called Kuyujani. The association
—and the network of radio transmitters they have implanted— links
together all the widely dispersed settlements of the river and meets
annually to elect political representatives and decide strategy about
how to deal with the challenges facing the river basin —gold miners,
the agricultural frontier, tourism, and hydropower— and how best to
58 INDIGENOUS PEOPLES their forests, struggles and rights
ASIA
The USD1.5 billion dam has been studied for more than a decade.
The project developer, the Nam Theun 2 Electricity Company (NTEC),
is a consortium of Electricité de France with Harza Engineering, the
Electricity Generating Company of Thailand, Ital-Thai and the Lao
government. Without the World Bank’s guarantee, commercial financiers
will not risk getting involved.
In its decision framework paper, the World Bank states that “Project
preparation has focused on mitigating these negative impacts by
ensuring that the design and implementation of plans pertaining to all
of the Bank’s safeguard policies are carried out so as to meet or exceed
Bank standards.”
What the Bank does not mention in its paper is that the project has
already had a major impact on indigenous communities living in the
proposed reservoir area. For at least ten years, a Lao military-run logging
62 INDIGENOUS PEOPLES their forests, struggles and rights
Although the people living on the plateau were not consulted before
BPKP clearcut their forests, NTEC claims on its web-site that “there
have been more than 242 public consultation and participation briefings
and meetings which have already taken place at the local, regional,
national and international levels for the Nam Theun 2 project.”
INDIGENOUS PEOPLES their forests, struggles and rights 63
The Philippines has been regarded as one of the most active and
progressive countries in Asia (and possibly in the world) in terms of
recognising the rights of indigenous peoples and developing legislation
to implement some of the recommendations stemming from the
Convention on Biological Diversity (CBD) in relation to bioprospecting.
These were developed prior to the setting up of the Art. 8(j) Working
Group in the CBD. In May l995, President Ramos signed Executive
Order 247 (EO247), Prescribing Guidelines and Establishing a
Regulatory Framework for the Prospecting of Biological and Genetic
Resources Their By-products and Derivatives, for Scientific and
Commercial Purposes and for Other Purposes. Among the provisions
referring to indigenous cultural communities (ICCs), EO247 states that
the Inter-Agency Committee on Biological and Genetic Resources
(IACBGR) —which it set up— is mandated —under Section 7 (e)— to
“Ensure that the rights of indigenous and local communities wherein
the collection or researches being conducted are protected, ...The Inter-
Agency Committee, after consultations with affected sectors, shall
formulate and issue guidelines implementing the provisions on prior
informed consent.” In recent months, a new Wildlife Act that will have
an impact on the scope and implementation of EO 247 has been
66 INDIGENOUS PEOPLES their forests, struggles and rights
Due to the fear of losing control over their resources and destiny,
some indigenous groups therefore opt to use the IPRA law to guarantee
their rights over land, resources, culture and life rather than rely on
externally-proposed participatory mechanisms. An illustrative case is
that of the Calamian Tagbanwa of Coron Island, Calamianes Islands,
North Palawan. The Tagbanwa of Coron Island have been living on a
stunningly beautiful limestone island surrounded by water once rich in
marine resources, their main source of livelihood. By the mid-1980s,
not having secure legal tenure over these environments, the increasing
encroachment by migrant fishers, tourism entrepreneurs, politicians
seeking land deals, and government agencies interested in controlling
various resources of the island, meant that they were fast losing control
over their terrestrial and marine resources to the point that they were
facing food shortages. They reacted by setting up the Tagbanwa
Foundation of Coron Island (TFCI) in 1985 and applying for a Community
Forest Stewardship Agreement (CFSA). They were awarded a CFSA
covering the whole island and neighbouring, small, Delian Island, (for a
total of 7,748 hectares) in 1990.
Soon after they realised that their main source of livelihood, the
marine waters surrounding the island were being degraded at an
alarming rate by dynamite, cyanide and other illegal and destructive
fishing. Through the use of an Executive Order passed in 1993 that
allowed the Department of Environment and Natural Resources (DENR)
to issue Certificates of Ancestral Domain Claims (CADC), and the help
of a national NGO (PAFID), in 1998 they managed to obtain the first
CADC in the country that included both land and marine waters, for a
total of 22,284 hectares. They produced high quality mapping of their
territories, an Ancestral Domain Sustainable Management Plan, and
followed up the development of the IPRA law, successfully using it to
obtain a Certificate of Ancestral Domain Title (CADT) in early 2001.
68 INDIGENOUS PEOPLES their forests, struggles and rights
The title implies that the Tagbanwa are now in control of decision-
making concerning the use and sustainable management of the island’s
resources. As TFCI Chairman Aguilar puts it “we are a living example
of how IPRA can be used successfully by indigenous peoples”. The
CADC and CADT were put to prompt use when Coron Island was
selected as one of the 8 sites under a DENR (EU-funded) national
programme called the National Integrated Protected Areas Programme
(NIPAP), 1996-2001. The ultimate intention of the DENR was (and still
is) to gazette the whole island as a Protected Area, but this has so far
not materialised because the Tagbanwa fear that they would once more
lose control over the island, although they were promised majority
participation in the PAMB. Having gained a CADT over the island they
prefer to stick to their right-based approach to resource management
rather than accepting an uncertain participatory approach through the
PAMB. Several other indigenous communities in other parts of the
country are looking at CADT over land and water as a tool to secure
their rights.
The cases above suggest that the CBD can become a useful
convention to the Philippine Indigenous Peoples only if it contributes
to the development of participatory processes that genuinely confer a
certain degree of Indigenous Peoples’ control over decision-making,
and —even more importantly— openly recognizes and supports a
stronger link between biodiversity, indigenous culture and knowledge
and rights over territories and resources, thereby accepting right-based
approaches to biodiversity sustainable management and conservation.
The uplands between the Yenisei and the Lena rivers are one of the
last regions of unbroken boreal forest —”taiga”— in Eurasia. This region
is the homeland to Evenki, Ket, Sel’kup, Sakha, and Dolgan aboriginal
hunters and herders. Although Cossack frontiersmen used the Yenisei,
Lena, and Lower Tunguska rivers as their main route to subdue and
integrate Eastern Siberia into the Russian Empire in the 17th Century,
the central Siberian plateau escaped most of the dislocations of Russian
and Soviet industrialism in the 19th and 20th Century. The central Siberian
taiga remains sparsely populated and one of the main ecological niches
for waterfowl, migratory and domestic reindeer, and a host of fur-bearing
species ranging from the Arctic fox to the coveted Yenisei sable.
Although Russians form the majority in the few cities and urbanised
villages of the region, aboriginal hunters and reindeer herders remain
the masters of the vast rural spaces today as they were in the 17th
Century.
This relatively stable situation has been recently disrupted with the
shift to monopoly market capitalism in the former Soviet Union. The
Central Siberian plateau is today seen as a vast ‘reserve’ for oil, gas,
coal, heavy metals and forest products. Foreign and domestic Russian
oil companies are vying both for access to the subsurface resources of
the region, as well as to rights to build all-weather roads and pipelines
to ship fuels and wood to foreign markets. The aboriginal people of the
region, once hailed as vanguard socialist herders and hunters, are now
searching for a new legal avenue to regain a say in the changing political
and economic climate around them.
The joint FPP/RAIPON project has started work in the most northerly
county of the Evenki Autonomous District in the taiga spaces drained
by the Lower Tunguska and the Vilui rivers. The region, however, is
vast and faces many challenges. In the northern Ilimpei county there
are no immediate threats to hunters and reindeer herders from industrial
development. However the destruction of traditional settlements and
hunting spaces has already started in the most southerly county of
the District around the village of Osharavo. Beyond the borders of the
Evenki Autonomous District, in Turukhansk County, Irkutsk Province,
and in the Taimyr Autonomous District industrial exploitation has
proceeded several leaps ahead with aboriginal lands already occupied
by pipelines, open-pit mining and clear-cut forestry blocks. There is a
lot of work remaining to be done in Siberia and FPP would welcome
collaboration from other human-rights organisations who would also
like to share this experience with land use mapping. (By: David G.
Anderson, WRM Bulletin Nº 62, September 2002).
INDIGENOUS PEOPLES their forests, struggles and rights 71
INDIGENOUS PEOPLES IN
VOLUNTARY ISOLATION
Many people are unaware that there are still indigenous
peoples living in voluntary isolation —both contacted
and uncontacted— particularly in the tropics.
People are also largely unaware about the impacts
resulting from forced or free contacts of these peoples
with the outside world.
In this respect, the first thing we can do is inform the world that
they exist, as an initial step towards the objective of gathering
determination in defence of their right to live in their territories in the
way they themselves decide, including the right to remain outside a
society they have no wish to belong to.
AFRICA
increased demands on forests in which they have lived for aeons. Since
the introduction in 1994 of Cameroon’s new forest law there have been
significant investments by donors in Cameroon’s protected areas
network to support older parks and to establish new conservation
“planning regions”. This has been extensively documented in WRM
Bulletins. Campo Ma’an, Boumba-Bek and Lobéké National Parks were
all established by the Cameroon government with donor support since
1995 and all overlap the traditional lands of Baka, Bagyeli or Bakola.
The fact that these communities were “off the map” when the parks
were established has led to a situation where their forest rights, and
hence their right to isolation are denied through the application of non-
discretionary rules to protect endangered flora and fauna. Many of these
new rules undermine indigenous peoples’ hunting and gathering
lifestyles, even though their rights to resources and to “traditional
sustainable use” of them are protected by national and international
legal provisions, and international agency guidelines. Current plans by
Conservation and donors. (By: John Nelson, WRM Bulletin Nº 87,
October 2004).
Questions that approach their relations with Bilo from the point of
view of innate inferiority and subordination visibly annoy Mbendjele.
The Mbendjele ideal of their relationship with Bilo is based on friendship,
sharing, mutual aid and support, and on equality and respect for one
another. When Bilo do not fulfil these expectations they can simply be
abandoned.
“Our forefathers had their eyes on the Bilo. Our fathers told us
to do the same. ‘You children of afterwards look after our Bilo.
There they are.’ But now we say ‘Aaaaa, what kind of people did
you leave us with? Why did they give us these Bilo? They are
always tying us up like animals [cheating and deceiving
Mbendjele]. They don’t think we are real people. No, we and the
forefathers are animals! So, we left them there with that thought.
They treat us badly; their path is a bad one. So we said ‘OK,
that’s enough, we’ll never stay in the same place as them again’.
So we left there and came to Ibamba. Now we are well. We
took our eyes off the Bilo.” (Ngbwiti, 50-year-old kombeti of
Ibamba. Ibamba, March 1997).
Ngbwiti and his group have been living entirely in the forest since
1991. They have renounced regular access to the goods obtained
through contact with Bilo. Sometimes visiting friends and relatives bring
them small gifts of salt, tobacco and old clothes. When I last visited
the forest in 2003, they were still in Ibamba. (By: Jerome Lewis, WRM
Bulletin Nº 87, October 2004).
INDIGENOUS PEOPLES their forests, struggles and rights 79
AMERICA
When the first ‘conquistadores’ travelled down the Amazon in the 16th
century, they found populous settlements, hierarchical chiefdoms and
complex agricultural systems all along the main river. The ‘Indians’,
they reported, raised turtles in ponded freshwater lagoons, had vast
stores of dried fish, made sophisticated glazed pottery, and had huge
jars, each one capable of holding a hundred gallons. They also noted
these peoples had flotillas of canoes and traded up into the Andes and
down to the mouth of the great river. Their numerous warriors carried
wooden warclubs and thick leather shields made of the skins of
crocodiles and manatees. Behind the large settlements, they noted
‘many roads that entered into the interior of the land, very fine highways’
some so broad they likened them to a royal highway in Spain. These
stories were later discounted as the puff of promoters trying to magnify
the importance of their ‘discoveries’, for since the late 18th century the
banks of the Amazon have been almost entirely depopulated. During
the 20th century the archetypal Amazonians were ‘hidden tribes’, groups
of hunters, gatherers and shifting cultivators, who lived isolated in the
headwaters of the main rivers, eschewing contact with the national
society.
With the benefit of hindsight and new insights from history and
archaeology, we can now see that these two perceptions of Amazonia
are strangely and tragically related. Archaeology now teaches us that
lowland Amazonia, even in areas of poor soil and blackwater like the
Upper Xingu, was indeed once quite heavily settled. Regional trade
and dynamic synergies between Amazonian peoples had led to the
sub-continent being densely peopled by widely differentiated but inter-
related groups, who specialised in local skills to work and use their
specific environments in diverse and subtle ways.
indigenous groups, who traded the ‘red gold’ of enslaved ‘Indians’ for
the products of western industries, stripped the lower rivers bare of any
remnant groups. Raiding, slaving and competition for trading
opportunities with the whites created turmoil in the headwaters. The
myth of the empty Amazon became a reality, as any survivors moved
inland and upriver to avoid these depredations.
21st century industrial societies are now being drawn into the last
reaches of the Amazon, where these indigenous peoples now live in
voluntary isolation, for other globally traded resources —not slaves or
INDIGENOUS PEOPLES their forests, struggles and rights 81
rubber this time, but timber, oil, gas and minerals. If we deplore the
horrors of death and destruction that ineluctably accompanied previous
penetrations of the Amazon, can we now show that modern industrial
society is more civilised? Can we respect the choice of other societies
to avoid contact and leave them in their homelands undisturbed until,
perhaps, some future time when they themselves decide on the risky
venture of contacting a world that they have learned by bitter experience
is not safe to interact with? If we can’t, then it is almost certain that
future generations will condemn us for the same avarice, indifference,
selfishness and greed, for which we today condemn the conquistadores
and the rubber barons. (By: Marcus Colchester, WRM Bulletin Nº 87,
October 2004).
The Mbya Guarani are an ancient forest people with their roots in the
Amazon. In Misiones, a province in the northeast of Argentina, they
have 74 communities and a total population of approximately 3,000
people. Their culture is as rich as the biodiversity of the Paranaense
forest that they have always used and protected.
Two of these communities, the Tekoa Yma and the Tekoa Kapi’i
Yvate, summarize the Mbya Guarani’s fierce struggle to preserve their
identity and continue living in the forest. Comprising some 20 families,
their dealings with Western society only started to be important in
1995. As in many other Indigenous communities, their greatest bastions
of independence and cultural safeguard are their women and the Opygua
(priest) of the Tekoa Yma, Artemio Benitez. They continue to struggle
to make their voluntary isolation from the yerua (white people) understood
and respected. But the logging companies, the chainsaws and the
Misiones Government’s lack of sensitivity continue to harass them.
The Mbya communities of Tekoa Yma and Tokoa Kapi’i Yvate are
the result of long processes of sedentary cycles, preceded by limited
migration episodes. These movements have taken place throughout
centuries. While the sub-tropical forest evolved, with its own fluctuations
due to internal and external causes, one of its species, the Mbya,
established successive transitory territories. If the resources available
and their use established a good balance and the dreams of their leaders
did not advise against it, they settled in the same place for a long time.
If some crisis broke up this relationship, or dreams suggested a change,
the community migrated, but only to settle with their sedentary features
in another more appropriate place.
On the one hand are the Mbya communities, who are the longest
standing inhabitants of the territory. Various communities, among them
the Tekoa Yma and Tekoa Kapi’i Yvate, continue to preserve a long
food chain strategy. They are hunters, gatherers and fisher-people,
with a deliberately reduced practice of agriculture.
The Mbya communities of Tekoa Yma and Tekoa Kapi’i Yvate have
the natural right to continue living where they are today for two
fundamental reasons: firstly because the area they occupy is what a
hunting, fishing, gathering people with small scale agriculture needs,
and secondly because that area is part of the mobile territory that their
forefathers have used for centuries.
The peoples who have the most right of “ownership” of the forest are
those who have lived in the forest as part of it for centuries, without the
need to become its owners. (By: Raúl Montenegro, WRM Bulletin Nº
87, October 2004).
of predatory (logging and mining) frontiers towards the last virgin areas
in the region. Harassed and attacked by these predatory expansion
fronts (which very often have recourse to already contacted Indigenous
Peoples and their enemies in the past), they have started to use fleeing
strategies, decreasing the signs of their passage or changing their
subsistence patterns —not opening clearings visible from planes,
changing the form of their dwellings to camouflage them in the
vegetation, moving more frequently and dispersing their population.
Under these circumstances, many of these peoples —if not the
majority— stop carrying out their rituals, radically change their
subsistence routines and even those of procreation, by avoiding
conception or even by aborting.
The Nukak are a nomadic people from the Colombian Amazon, officially
contacted in 1988. The present population is estimated at 390 people,
distributed among 13 local groups, located in the inter-fluvial area
between the Middle Guaviare and the High Inírida. Nukak as a tongue
is understood by the Kakua or Bara from the Colombian Vaupes and
both are classified as part of the Maku-Pinave linguistic family.
During the first five years after mass contact, the Nukak lost close
on 40 per cent of their population as a result of respiratory diseases
that started as flu. The age groups showing the greatest number of
deaths were those over forty and under five years of age, thus leaving a
large number of orphans. In fact, close on 30 children and young people
were adopted by the peasants and some women also married peasants.
All this led to an interruption in the transmission of their technical and
ritual knowledge and a loss of confidence in their Chamanic practices.
supplied with metal tools and seeds and had interlocutors to get to
know the world of the white people. This generated a centripetal effect
and attenuated the motivation to migrate to settled areas. When the
Missionaries’ work station was abandoned in 1996 for public policy
motives, this accelerated the expansion of the effects of contacts among
the western sector groups.
Institutional action initiated to care for the Nukak has mainly been
concentrated on health matters, on guaranteeing legal recognition of
their territory and on protecting their rights as Indigenous people.
However the scope of these initiatives and legal actions has been limited,
given the extension of the area they occupy, the mobility and dispersion
of the population, discontinuity due to administrative problems
characterized by a lack of consensus in defining the type of intervention
and limitations on circulation in the area, imposed by the self-named
Colombian Revolutionary Armed Forces (Fuerzas Armadas
Revolucionarias de Colombia – FARC). This organization is disputing
control of the area with the paramilitary groups operating in the zone.
Additionally the Nukak territory is surrounded by close on 15,000
peasants and located in one of the most dynamic agricultural frontiers
of the Amazon.
seen as murderous enemies, are fraught with hostility and fear; there
seems to be little space for communication and exchange, other than
complete avoidance or the threat to ‘spear-kill’.
For the last sixty years, Huaorani history has unfolded in response
to oil development, although it is only recently (in 1994) that oil has
been commercially extracted from their land. In 1969, a decade after
having «pacified» the Huaorani, the Summer Institute of Linguistics
(SIL) received government authorisation to create a protection zone
around its mission. The ‘Protectorate’ (66,570 hectares, or 169,088
acres) represented one tenth of the traditional territory. By the early
1980s, five-sixth of the population had been called to live in the
Protectorate. On April 1990, the Huaorani were granted the largest
indigenous territory in Ecuador (679,130 hectares, or 1,098,000 acres).
It is contiguous with the Yasuní National Park (982,300 hectares, or
2,495,000 acres), and includes the former Protectorate. The population
(around 1,700) is now distributed in thirty or so semi-permanent
settlements organised around a primary school, except for one, or
possibly two, small groups that cling to autarky, and hide in the remote
forested areas of the Pastaza province, along the international border
separating Peru from Ecuador.
During the next thirty years, many raiding and killing episodes
marred the interactions between Tagaeri and outsiders. Famous for
their fierceness, the Tagaeri have ‘spear killed’ oil workers, missionaries,
INDIGENOUS PEOPLES their forests, struggles and rights 93
and others whom they saw as intruders. Most famously, they killed an
Archbishop from the Capuchin Mission and a Colombian nun from the
Laurita mission in July 1987. And their people have been wounded and
killed as well. In the early 1990s, various informants told me that military
helicopters had thrown rockets on Tagaeri longhouses, and that Tagaeri
dwellings had been burnt down by company security guards. There
was once a plan to exterminate them all. And then the hope, especially
amongst missionaries, that they would finally surrender and accept
‘pacification’. Oil exploration in the block where the Archbishop and
the nun had been found dead was suspended, and the government
promised to grant protection to the non-contacted Huaorani who kept
fleeing away from the blocks operated by PetroCanada, Texaco,
PetroBras, Shell, and Elf Aquitaine. The implicit policy, though, was to
push them further to the south, in the hope that they would cross the
border with Peru, and cease to be a national problem.
1. The ultimate modern dream: film the first contact. In the Spring of
1995, I was contacted by a Californian TV company which was
developing a new project entitled “The Tagaeri: the Last of the Free
People.” This series of three programmes proposed to ‘document’ the
first contact between the Tagaeri and the ‘botanist’ Loren Miller (the
man who patented the plant from which Northwest Amazon Indians
make the hallucinogenic locally known as ayahuasca or yagé).
According to the script, the first episode would show how Christian
Huaorani contacted their savage brothers, and managed to convince
them of the virtues of western civilization, with the help of the army.
The second episode would focus on the encounter between the chief
Tagae and Loren Miller, the former sharing his knowledge of medicinal
plants with the latter. The third part would centre on the western botanist
“telling the world of the great possibilities of scientific research and the
potentialities of Tagaeri land for ecotourism”. The TV company, which
was seeking the support of CNN and the National Geographic for this
project, had to back off in the face of a wave of protests from the
indigenous peoples organisations, COICA, and various other indigenous
INDIGENOUS PEOPLES their forests, struggles and rights 95
of the developments. I kept asking them whether they (or any one
else) had spoken to the warriors, but it seems that no one was interested
in knowing what they had to say about the whole affair. Could they
explain what had happened? Despite the distance, I could perceive
some of the internal and external reasons that had pushed these men
to kill. First the Babeiri had been in conflict with the Tagaeri for several
decades. The hostilities were rekindled when PetroCanada relocated
the former in the traditional territory of the latter, where they were
confronted to all the ills of the frontier culture —alcohol, prostitution,
dependency on alms, and so forth. Living along the oil road, the Babeiri
were constantly solicited by loggers and traders of various sorts. The
Babeiri raided the Tagaeri for a wife in 1993, as a result of which they
lost a young man, wounded by retaliating Tagaeri. In November 2002,
a logger’s boat overloaded with illegal timber collided with a Huaorani
dug-out canoe. Several Huaorani were killed. All these factors somehow
converged in giving the nine men the determination to carry out the
raid. It was reported that the ‘warriors’ comprised the father of a woman
killed in the November 2002 accident, and the brother and the brother-
in-law of a man killed in the same accident. Without the personal
accounts of the warriors themselves, all inference is open to debate.
However, it is clear that there is a direct relation between increased
extractive activities and the rise of violent conflict between ‘pacified’
and ‘non-contacted’ Huaorani. It would be wrong to blame violence
simply on tribal vengeance and savagery, as so many Ecuadorian and
other commentators have done. (By: Laura Rival, WRM Bulletin Nº 87,
October 2004).
Throughout the last sixty years all the other members of their people,
the Ayoreo from the Bolivian and Paraguayan Chaco, have been forcibly
removed from their enormous habitat by missionaries and now survive
precariously on the outskirts of modern society, slowly realising that
they have been cheated, that they were deprived of the forest where
they lived in harmony —and the forest has been deprived of them. The
Ayoreo who still continue to live in the forest are some of the last
hunters and gatherers of the Latin American continent who have not
been contacted and who do not seek contact with modern and
enveloping society.
The forest Ayoreo still accomplish it. We know from the explanation
of the groups or families that were removed or who left the forest to join
our modern civilization in our times, in 1986, 1999, 2004, that they
define it as a function of mutual protection: the forest protects us, we
protect the forest. Humankind as protector of the earth.
Their way of cultivating the land during the rainy season is very
expressive of their relationship with the forest and with nature: with the
first rains they sow the seeds they have been storing of pumpkin, corn,
water melon and beans in natural sandy clearings in the middle of the
forest. They barely prepare the soil. Then they continue with their
walking and let nature take over. They come back to harvest. According
to their concept one has to intervene as little as possible in the workings
of nature, just some minimum support, the support to allow it to do
better what it does anyway.
The way they live in harmony with the world is comparable to a couple
living in harmony in the best sense: aware of diversity and its importance,
conscious of mutual interdependency, knowing that one without the other
could not be happy, would have no future, and could not live.
INDIGENOUS PEOPLES their forests, struggles and rights 99
This is part of what the forest Ayoreo, with their cultural, spontaneous
and natural way of being, contribute to the world of today: a different
and diverse way of being, that not only sustains the environmental
integrity of the Chaco forest where they live but also sustains a diverse
conscience and presence that, without them, the world would be lacking
today.
Although they may not know of their importance for humanity, they
certainly must feel its weight through their solitude in carrying out their
function of protecting the world. They may feel it concretely and in
daily things, when heavy machinery disturbs the silence of their territory
to fell trees for cattle ranches and to make new entries to take precious
wood, and when they feel how the consistence of the world of which
they are a part is eroded and weakened.
They still have to feel that our strength is added to theirs, that we
have taken up our mission again of protecting their world and ours,
everybody’s world. (By: Benno Glauser, WRM Bulletin Nº 87, October
2004).
their own opinions about the Reserve and its inability to protect their
territories and rights.
In 2002 Shinai Serjali, a Peruvian NGO that was helping the Nahua
in their struggle with the loggers, began to consult a wide range of
state and civil society institutions involved with the Reserve for legal
and practical solutions to address its problems. An initial workshop in
2002 identified various problems: the lack of any clear legislation for
State Reserves in Peru, confusion over its administration and
boundaries, the lack of local awareness of its rules and boundaries
and the absence of any efficient system of control. After the workshop,
a group comprising six NGO’s and indigenous federations continued
to discuss the situation and the result was the formation of the
Committee for the Defense of the Reserve in 2003. Its objective was to
strengthen the Reserve and the territorial security of its inhabitants
and to propose policies and recommendations that were based on the
perspectives and priorities of its inhabitants rather than those of outside
institutions. The Committee was supported by AIDESEP, the national
indigenous peoples organization, and its members include: Shinai
Serjali, Racimos de Ungurahui, COMARU (Machiguenga Council for
the Lower Urubamba), IBC (Institute of the Common Good), CEDIA
(Centre for the Development of Amazonian Indigenous People) and
APRODEH (Association for the Promotion of Human Rights).
The main challenge of this project was how to take into account the
diverse needs and interests of all the indigenous peoples living within
102 INDIGENOUS PEOPLES their forests, struggles and rights
To cope with these difficulties three field teams were formed whose
task was to work for extended periods with only those communities
who already had a sustained contact with outsiders. All field teams
were made up of individuals who had previous field experience with
these communities, spoke their language and had established
relationships of trust with them. During 12 months of fieldwork, the
teams used sketch maps and GPS equipment to help the communities
make geo-referenced maps of their territories illustrating its cultural,
historical and practical importance to them as well as the issues
threatening its integrity The maps also illustrated their knowledge about
the location and movements of peoples living in the Reserve who were
avoiding all contact with outsiders.
In November 2004, the results of the fieldwork and the legal proposal
will be presented to senior representatives of the Peruvian Government.
The presentation is the first step in the process of their acceptance
and ratification by the State. It is hoped that key government ministers
and other representatives will accept the proposals as an informed and
thorough initiative and commit to promoting their implementation both
in the law and on the ground. (By: Conrad Feather, WRM Bulletin Nº
87, October 2004).
104 INDIGENOUS PEOPLES their forests, struggles and rights
ASIA
Outsiders are invading the reserve of the isolated Jarawa tribe in the
Andaman Islands, India, and stealing the game on which they depend
for food. There are also increasing reports of Jarawa women being
sexually exploited. Despite a Supreme Court order to the islands’
administration to close the highway which runs though the reserve, it
remains open, bringing disease and dependency.
The Jarawa are one of four ‘Negrito’ tribes who are believed to have
travelled to the Andaman Islands from Africa up to 60,000 years ago.
Two of the tribes, the Great Andamanese and the Onge, were decimated
following the colonisation of their islands —first by the British, and
later by India. The population of the Great Andamanese tribe fell from
5,000 in 1848 to just 41 today. Both the Great Andamanese and the
Onge are now dependent on government handouts. The Jarawa resisted
contact with settlers from the Indian mainland until 1998. The fourth
tribe, the Sentinelese, live on their own island and continue to shun all
contact.
The main highway which runs through the Jarawa reserve, known
as the Andaman Trunk Road, is also bringing exploitation of the Jarawa.
There are numerous reports of poachers and other outsiders sexually
exploiting Jarawa women, and outsiders are introducing alcohol, tobacco
INDIGENOUS PEOPLES their forests, struggles and rights 105
and alien food items on which the Jarawa are starting to depend. Those
entering Jarawa land also bring outside diseases to which the Jarawa
have no immunity. The tribe has already experienced one measles
epidemic - prompt action by the authorities helped prevent a catastrophe.
Lichu, one of the few surviving Great Andamanese, fears for the
future of the Jarawa. ‘I think what happened to us is going to happen to
the Jarawa too… lots of settlers are hunting in the Jarawa area. There
is not enough game left for the Jarawa. Their fish are also being poached.
Public interaction with the Jarawa should end. The Andaman Trunk
Road must be shut.’ (By: Miriam Ross, WRM Bulletin Nº 87, October
2004).
Indonesia’s capital city, the Baduy have in the past been able to
effectively seal their community off from the rest of the world.
new religion. Instead, these people fled to the upper regions of a nearby
mountain range (Kendeng Mountains), forming their own religious clan
based on strict adherence to unique religious beliefs; perhaps influenced
in some ways by the Hindu religion of the Kingdom of Pajajaran before
it fell to the Muslim invaders.
Although there has been scholarly literature about the Baduy way
of life since the early days of Dutch colonialism, much of what has
been written is second-hand information, often contradictory, and
perhaps intentionally misleading. The Baduy seem to have long ago
realized that one of the strengths of survival for their culture is to remain
hidden behind a cloak of mystique. They jealously guard the knowledge
of spirituality and ritual within their community, permitting no outsider
to enter the sacred places or view traditional rites within the Inner Baduy
region.
The Baduy believe in one central deity, whom they call Batara
Tunggal, and regard themselves as the descendents of seven minor
deities sent to earth by Batara Tunggal at the beginning of human-kind
on the planet. The Baduy hold as most sacred a remote place near the
centre of Baduy territory, known as Sasaka Domasa, where this event
is said to have occurred and where the spirits of their ancestors are
protected and revered. However, all Baduy territory is regarded as
protected and sacred, particularly the most significant forest areas
which are not permitted to be disturbed or altered. Consequently, these
forests comprise a valuable environmental reserve and a perpetual
resource for sustainable use by the community.
the greatest threat of all to Baduy culture and the greatest challenge to
maintaining their sacred traditions for the future. (By: David Langdon,
WRM Bulletin Nº 87, October 2004).
3
The title and quote is from Bruce Albert, (1988, La Fumée du metal: histoire et
representation du contact chez les Yanomami (Brazil) L’Homme (106-107): XXVIII
(2-3) :87-119). For detailed information on the current situation of the Brazilian
Yanomami see http://www.proyanomami.org.br
110 INDIGENOUS PEOPLES their forests, struggles and rights
Of course, like all human groups, the Yanomami were not disease-
free in the past. Medical anthropologists presume they have long
harboured minor viral infections like Herpes, Epstein-Barr,
Cytomegalovirus, and Hepatitis. Tetanus was also prevalent in the soils
and some non-venereal treponeme infections were probably endemic.
Arboviruses, maintained in animal populations in the forests, were also
present. Leishmaniasis, transmitted by sandfly, and yellow fever, which
also infects monkeys, are also thought to have been present as the
indigenous people show considerable resistance to these diseases. In
short, the pre-contact situations were not a medical paradise but what
diseases there were, were prevalent at low levels and rarely fatal.
However, it was not long before the Yanomami realised that the
terrible epidemics they endured were consequences of their contacts
with ‘whites’. Among the Brazilian Yanomam (Southern Yanomami),
the belief grew that diseases were the ‘smoke of steel’, an odour of
death that came from the boxes in which metal goods were stored, an
exhalation in the very breath of their sinister white visitors, an enfeebling
and sickening smoke like the exhausts of their aeroplane engines.
The indigenous Twa ‘Pygmy’ people of the Great Lakes region of central
Africa are originally a mountain-dwelling hunter-gatherer people,
inhabiting the high altitude forests around Lakes Kivu, Albert and
Tanganyika —areas that have now become part of Rwanda, Burundi,
Uganda and eastern Democratic Republic of Congo (DRC). The current
Twa population is estimated at between 82,000 and 126,000 people.
The Twa are widely thought to be the prior inhabitants of the forests
in the Great Lakes region. The evidence for this includes historical
114 INDIGENOUS PEOPLES their forests, struggles and rights
As the forests were cleared, the areas left for the Twas’ hunting and
gathering activities decreased, heralding a period during which the Twa
became progressively more and more landless and their traditional
forest-based culture, including their religion and rituals and (according
to some sources) their language, was eroded. In several areas the Twa
sought to maintain control over their lands through armed defence, for
example, the exploits of the renowned Twa Basebya at the end of the
19th century in what is now south-western Uganda. In the Bushivu
highlands of eastern DRC Twa also fought long and bloody wars with
agricultural peoples attempting to clear Twa forest lands for farms —
fighting continued until around 1918. The impact of deforestation on
the culture of the Twa was noted by early missionaries, such as Van
den Biesen who commented on the future of the Twa of Burundi in
1897: ‘When these forests have been destroyed for whatever reason,
our Batwa will not be able to continue their traditional life.’
they are angry. My daughter was caught and was forced to remove
the faeces with her hands”. (Middle-aged Twa woman,
Nyakabande/Kisoro, Uganda, May 2003).
Women are now the main economic providers in many Twa families,
as well as continuing to be the main carers of children and older people.
They generally can decide how to spend the money they have earned.
However, where men have cleared farm land, their initial high investment
of labour tends to make them feel entitled to control the spending of
money earned by the crop, despite the fact that women did the planting,
weeding and harvesting. The increased reliance on farming among the
Twa may therefore reduce the economic independence of Twa women.
Many Twa women also have to contend with domestic violence and
family neglect as a result of Twa men’s alcohol abuse. Alcoholism
occurs in many indigenous communities that are facing cultural
collapse, and where men are no longer able to carry out their traditional
roles as hunters and respected provider for the family.
Faced with the loss of their ancestral forest lands, and the need to
find a means of survival under changed circumstances, Twa in the
Great Lakes region have expressed a range of different aspirations.
Particularly among communities living near forest areas from which
their forefathers were expelled, the Twa want to have secure access
and use rights to forests, and to maintain their close links with the
forest, but not all wish to resume the hunter-gatherer way of life.
Communities near national parks want a larger share of the revenues
from tourism. Throughout the region, Twa also want to have their own
land for farming as part of their mix of survival strategies.
structures and influential agencies. The new Twa NGOs and community-
based associations, and their support groups in the region, are
campaigning for governments to develop specific policies to address
the particular disadvantages that the Twa face as a result of their ethic
identity. In the absence of laws and policies addressing land rights of
indigenous peoples, Twa organisations are calling for affirmative action
in land allocation for Twa and recognition by governments of the
immense historical injustice through which Twa were deprived of their
forest lands and traditional means of livelihood, forcing them into severe
poverty.
When Australians took control, at the end of the first world war, of the
German colony of New Guinea, under a mandate from the League of
Nations to protect the native peoples, it was thought that New Guinea
had only a sparse population, mostly along the coast. The mountainous
interior, it was believed, was a virtually empty and impenetrable jumble
of rain-soaked hills. However, it is now clear that the highland valleys of
New Guinea have long been among the most densely settled agricultural
areas in the world.
The miners pushed deep into the interior, travelling light and living
off the land. They demanded food from the native people, paid for with
metal tools and prized sea-shells, to keep their expeditions on the
move. In their haste to get to the goldfield they dreamed of, they sparked
confusion and conflicts. When warriors barred their path with arrows
and threats, rather than return to the coast, the miners used guns to
deadly effect to blast a path through to their goals. Sure that their
technological superiority was, equally, evidence of their moral
supremacy, it never occurred to the miners that what they were doing
was wrong, much less that the local people might have their own reasons
and interests for choosing to develop their interactions differently.
Remembers another:
Once it became widely known that the strange beings carried untold
wealth with them, many communities wanted their visitors to stay with
them and not carry on through to the lands of their rivals and enemies.
Misunderstandings were almost inevitable. A typical conflict occurred in
1933, as the miners accompanied by a colonial officer, tried to push
through to Mount Hagen. Ndika Nikints recalls the situation.
“The Yamka and Kuklika and all the people around us were
making a lot of noise, shouting and calling out war cries. They
were saying they wanted to take everything from the white men.
Some people snatched things from the carriers, like tins and
trade goods. Then Kiap Taylor [the colonial officer] broke this
thing he was carrying and before we knew anything we heard it
crack. Everything happened at once. Everyone was pissing and
shitting themselves in terror. Mother! Father! I was horrified. I
wanted to run away… the muskets got the people —their
stomachs came out, their heads came off. Three men were
killed and one was wounded… I said ‘Oh, Mother!’ but that
didn’t help. I breathed deeply, but that didn’t help. I was really
desperate. Why did I come here? I should never have come.
We thought it was lightning that was eating people up. What
was this strange thing, something that had come down from
the sky to eat us up? What’s happening? What’s happening?”
Coming first into the lands of the Etoro people, the patrol emerged
suddenly from the forests into full view of one community. ‘We jumped
with surprise’ recounts one elder ‘No one had seen anything like this
INDIGENOUS PEOPLES their forests, struggles and rights 125
before or knew what it was. When we saw the clothes of the strangers,
we thought they were like people you see in a dream: “these must be
spirit people coming openly, in plain sight” ’. When these spirits
approached them, the Etoro were even more dismayed and the more
insistent the spirits were in offering gifts the more alarmed the Etoro
became. The Etoro were convinced that if they accepted any gifts they
would then be obligated to the unknown world of the spirits, thus bringing
together two realms that should remain separate, lest the world become
unmade and everybody die. Shortly after, in a confused encounter, one
of the Etoro was shot and killed, confirming the Etoro in their view
about who these beings were.
Further along the trail that they followed, the patrol came upon
taboo signs, clear indications that the local people did not want the
strangers to pass. The patrol pushed on regardless and, coming upon
an old woman, pressed her with gifts of beads. When she returned to
her own people, who were hiding in the forest, and showed them the
gifts they were thrown into even greater dismay, imagining that the
whole world would collapse to its origin point if the world of humans
and spirits was not kept apart. Their consternation was even greater
when they returned to their huts and found gifts of cloth, axes and
machetes hanging from the rafters. Unsure what might happen if they
touched them they were left hanging there. ‘What are these things?
Why don’t you take them down?’ asked a visitor from a nearly village.
‘We are afraid. Who knows where these things are from. Perhaps they
are from the Origin Time’.
The further on the patrol went the more often it had to resort to
violence to secure food. In one encounter with the Wola, the patrol
found itself in a narrow defile and fighting broke out after further
miscommunication and cultural incomprehension. The devastating rifle
fire and close quarter shooting with service revolvers killed and wounded
over fourteen Wola. Recalls Leda:
After the massacre, the white officers sent the coastal police men
to get food from the village. Coming on the village hut they found the
women and children cowering inside. Tengsay recalls the scene:
“We were terrified… They tore open the door of our house and
demanded everything. Puliym’s mother released the pigs one at
a time and drove them out of the door to them waiting outside…
They tore off the front of the house, attacked it with axes and
bushknives… They took the pigs one at a time and shot them
outside. After they killed them they singed off the bristles over a
fire made from the wood torn from our house. Then they butchered
them ready to carry off… After they had killed and prepared the
pigs they turned on us. We didn’t see well what was going on.
We were cowering inside. They returned and stood there [about
three metres away] and fired their guns into the house. They
shot Hiyt Ibiziym, Bat Maemuw, my sister, Ndin, Maeniy and me.
That’s six of us… We were so frightened that we were all dizzy
and faint… We slumped in a sort of stupefied state. Who was
there to bandage our wounds with moss and levaes?… we just
slumped indoors. We didn’t think anything. All we felt was terror
and dizziness. I was sort of senseless… Well, they didn’t rape
any women. That was done by later patrols, when they not only
stole our pigs but our women too, and broke into our houses and
smashed up our possessions, like our bows and things. They
even excreted in our fireplaces”.
INDIGENOUS PEOPLES their forests, struggles and rights 127
From this point of view, the enforced contacts and integration of the
highlanders into the modern world, were necessary steps to achieve a
kind of ‘development’. A certain amount of bloodshed could then be
128 INDIGENOUS PEOPLES their forests, struggles and rights
Background
A year later the group and some other participants of the World
Social Forum 2005 met in Porto Alegre, Brazil, reviewed and revised
the Mumbai Forest Initiative. The result is the Mumbai - Porto Alegre
Forest Initiative, with the following principles:
I thank you Mr. President for the opportunity to address the Parties of
the Convention and other delegates present. In the name of the
International Indigenous Forum on Biodiversity, we want the reiterate
our will to continue working together with Parties to achieve the objectives
of the Convention. Considering that most of the world’s biological
diversity is in our lands and waters, the need for a just implementation
of this Convention is urgent, and requires greater participation of the
actors directly involved in the conservation and sustainable use of
biodiversity. As rights holders, we hope we will continue building just
frameworks for collaboration and working together.
Working Group on Article 8(j) in its next meeting, taking into account
the recommendations of the International Indigenous Leadership
Gathering on Sustainable Tourism, which will be held in September
2005 in British Columbia, Canada.
All of the CBD work programmes must guarantee the full and effective
participation of indigenous peoples, especially indigenous women, with
due attention to the recognition, protection and strengthening of our
rights and customary use relating to resource management in dry and
arid lands, marine and coastal waters, inland waters, forests, mountains
and islands.
4
Tiohtiá: ke* Declaration
4
Tiohtiá:ke is the Mohawk word for the area called Montreal
INDIGENOUS PEOPLES their forests, struggles and rights 135
The burning of oil, gas, and coal, as fossil fuels, is the primary
source of human-induced climate change. Indigenous Peoples have
experienced systematic and repeated violations by oil, gas, mining
and energy industries infringing on our inherent right to protect our
traditional lands.
We once again remind you that one is only as healthy as the air we
breathe, the water that we quench our thirst with each day, and the
earth in which we plant our seeds to have the various products of
sustenance for the duration of our journey here on Mother Earth.”
Signatories:
For those who would like to sign on, please send your full name
and organization to [email protected]
Key findings are that GEF projects still tend to treat indigenous
peoples as “beneficiaries” rather than rights holders. GEF biodiversity
142 INDIGENOUS PEOPLES their forests, struggles and rights
It is noted that there are signs that the GEF is seeking to respond
to some of the above criticisms. For example, it has launched a review
of local benefits in GEF projects (due to be published in 2005) and now
plans to develop social and participation indicators. In Latin America,
the GEF is starting to support community conservation areas and a
few medium-sized projects are beginning to be prepared and
implemented by indigenous peoples. Nevertheless, such progressive
projects still tend to be the exception rather than the rule. Crucially,
the study shows that even GEF-World Bank projects that are intended
to “do good” can end up doing harm where project governance,
implementation and participation mechanisms fail on the ground [e.g.,
Indigenous Management of Protected Areas in the Amazon Project -
PIMA (Peru)].
The final part of the study calls on the GEF to adopt a rights-based
approach, strengthen its own implementation and accountability
mechanisms, and adopt a specific mandatory policy on Indigenous
Peoples. At the same time, it is recommended that the GEF update all
its biodiversity policies to ensure they are fully consistent with
international standards on indigenous peoples and conservation
including standards established under the CBD and best practice agreed
in the 2003 IUCN Durban Action Plan and Recommendations. (By:
Tom Griffiths, WRM Bulletin Nº 93, April 2005).
144 INDIGENOUS PEOPLES their forests, struggles and rights
REFERENCES
INDIGENOUS PEOPLES
GENERAL ARTICLES
AFRICA
AMERICAS
ASIA
AFRICA
AMERICA
ASIA
Central Africa: Land loss and cultural degradation for the Twa
of the Great Lakes
- By: Dorothy Jackson, Forest Peoples Programme,
e-mail: [email protected]
Tiohtiá:ke Declaration
- International Indigenous Peoples Forum on Climate Change
Statement to the State Parties of the COP 11/MOP 1 of the United
Nations Framework Convention on Climate Change - UNFCCC;
Tiohtiá:ke, Kanien’’kehá:ka (Mohawk) Traditional Territory, Canada,
28 November – December 09, 2005. For those who would like to
INDIGENOUS PEOPLES their forests, struggles and rights 149
The Vth World Parks Congress: Parks for people or parks for
business?
- By: Marcus Colchester, Forest Peoples Programme, e-mail:
[email protected] . Excerpted from an article that will
appear in the November 2003 Multinational Monitor,
www.multinationalmonitor.org