18 12 1190 http://saiic.nativeweb.org/ayn/files/original/8d717b4e41078f8ec86f1387b4f375e1 ac0825ca594dfc0a81e1fbfb324f8386 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (4-5).pdf PDF Text Text 1-1 B R I E F The first International Seminar of Indigenous Peoples of Brazil, Venezuela and Guyana regional seminar of Indigenous people from the border areas of Guyana, Brazil and Venezuela took place from August 2 7 through August 30. The seminar was held by Conselho Indigena de Roraima (CIR), in conjunction with the Consejo Nacional Indio de Venezuela (CONIVE) and the Amerindian Peoples Association (APA) of Guyana in the Boa Vista region of the northern Brazilian state of Roraima. Industry, government and NGO representatives attended the seminar, along with about eighty Indigenous leaders. The Indigenous representatives from the three countries met to discuss some of the regional development projects that are taking place in their territories. They call for legal guarantees for and removal of invaders from their lands, and demand that environmental impact studies be completed before the governments proceed with large-scale infrastructure projects, including: the Georgetown-Boa Vista Road, the Guri transmission line, BR174, and mining in all three countries. The tropical forests and highland savanna areas around the Brazil-Guyana-Venezuela border region is home to 35,000 Indigenous people. The area, rich in mineral and forest resources, includes crucial upper watersheds of the three major river systems of South America, namely the Orinoco, the Amazon and the Essequibo. Brazil and Venezuela plan to build a 685 km power line from the Guri hydroelectric on Venezuela's Caroni river to supply electricity to Boa Vista and Roraima state in Brazil. The power line would cut through three Indigenous areas in Brazil and most of the Venezuelan right-of-way runs over Indigenous territory, as well as Canaima National Park (a World Heritage Site). The Venezuelan delegation made a public declaration of their continued campaign to get the Venezuelan government to bring their national laws with respect to Indigenous people in line with international standards. CONVIVE demanded a change in Venezuela's archaic laws with regard to Indigenous peoples and focused on their opposition to the Guri transmission line. CIR is calling for the guarantee of Indigenous land rights and environmental protection before building the Guri transmission line. In Guyana, the Amerindians are demanding that outstanding land rights issues, both in general and in relation to the road improvements being done between Boa Vista and Georgetown, be addressed before the government continues. Many Indigenous communities in Guyana are without legal rights to their territories. The Indigenous people in Guyana are also constantly under threat of losing their lands to logging and mining projects in the area. There is a high rate of uncontrolled mining and logging on their lands, and the Indigenous communities are not consulted or even notified when these concessions are granted by the government. After the seminar a list of twelve demands was drafted by the 4 Indigenous people. Some of these demands include: 1) That Indigenous peoples be respected as culturally distinct ethnic peoples with rights to self-determination and the right to define our own projects for our present and future life, 3) that the construction of military bases on Indigenous territory be stopped, 5) that the government support projects developed by Indigenous peoples, such as Indigenous education, Indigenous health, radio communications, transport and economic activities, 7) that the funding for large projects in our countries that depend on international financing only be freed after Indigenous approval, 8) that a moratorium be called on new mining concessions until national laws be reviewed and the impact on Indigenous rights and biodiversity be determined. For further information please contact: David Rothchild,Coalition for Amazonian Peoples and their Environment, email: amazoncoal@igc.apc.org, tel: 202-637-9718; Steve Schwartzman, Environmental Defense Fund, tel: 202-3873500; jose Adalberto Silva Macuxi, CIR, tel:55-95-224-5761; Jose Poyo, CONIVE, tel: 83-551095;]ean La Rose, APA, tel:592-2-70275 Brazil-Charges Reduced for Brutal Burning of Pataxo leader o the outrage of Indian Rights groups, Federal judge Sandra de Santis Mello has reduced the charges against the youths who burned an Indigenous leader in Brasilia last spring. On the evening of April20, five upper-class teens set Galdino jesus dos Santos on fire, as the forty-four year old leader of the Pataxo tribe slept on a bus stop bench. Public outcry followed the attack, and local officials called for an official three day mourning period and strict punishment for the youths. Four of the teens confessed to intentional homicide, and the fifth, a minor, was sent to a juvenile correction facility However, in a recent ruling the judge has reduced the charges against the young men, claiming that they did not intentionally murder their victim. Where the homicide charge has a maximum 30-year sentence, the charge of committing bodily harm resulting in death carries a 4 to 12 year sentence. Along with the lesser charge, judge Mello ruled against the prosecution's claim that dos Santos was unable to defend himself. These recent decisions meant that the youths are now eligible for bail. During the week of August 21, Galdino's family staged a protest against judge Mello's recent ruling. The family and supporters of the Pataxo made clear that they will continue fighting to ensure that the assassins of Galdino get the maximum penalty In Brasilia, the Pataxo were granted an audience with president Cardosa and with the chief justice of the Supreme Federal Court, Celso de Mello. Both officials claimed lhat they could not interfere in the decision, but that they sympathized with them in their pain. The Pataxo Ha-ha-hae took advantage of the audiences to request that the authorities recognize their right to the Caramuru-Paraguassu Indigenous Area (located in the municipality of Pau Brasil, state of Bahia,) the issue that brought Galdino to Brasilia. The 53-thousand-hectare area in question Abya Yala News �IN was demarcated but is full of invaders. An appeal requesting that all possession deeds held by the invaders be annulled has been circulating in the judicial process of the Supreme Federal Court since 1982. The Pataxo delegates also asked president Cardoso to ratify ILO Convention 169, to speed up the voting on the Charter of Indigenous Peoples, referred to the National Congress for approval in 1994, and the revocation of decree 1,775/96. Several human rights groups, environmental and Indigenous organizations, together forming the Galdino Commission, launched a manifesto and a proposal for a signed petition to gather signatures in support of the Pataxo and against the decision of Judge Mello. The document calls on all persons who sympathize with the Indigenous cause to express their indignation at the decision, which it describes as "a serious threat to justice, as it can trivialize impunity, discredit the court system in our country and serve as an incentive to criminal acts." The signed petitions will be delivered to Judge Sandra de Santis Mello and to the Chief Justice of the Supreme Court of the Federal District and Territories, Carlos Augusto Machado de Farias. Information from: Cimi-Porantim, Noticias Aliadas Hunger Strike in Honduras: Indigenous Demands Continue Unrecognized ndigenous groups in Honduras returned to the capital of Tegucigalpa July 18 to renew their protests against the government. This was the start of an extended hunger strike in response to the government's neglect of the agreements made with the Indigenous people on May ll of this year. The three main demands of the native people of Honduras were: access to traditional lands belonging to the Chortis in the regions of Copan and Ocotepeque, reduction of the level of violence and political repression in their communities and the installation of the accords ratified in ILO Convention 169, which demand the return of Indigenous lands and respect for Indigenous cultures. Despite the detailed negotiations in May, the Honduran government has failed to uphold their part of the agreement. The politically motivated assassinations of Chortis' leaders Candido Amador and Ovidio Perez have not been investigated, although that was part of the agreement made by the government in May BRIEF the Chorti people that was quickly rejected by the government negotiators. On August 14, while the negotiations were going on, the Indigenous groups on hunger strike in front of the National Congress Building were visited by seven armed gunmen. These men, reportedly members of Honduran security forces, entered the area as plain-clothed civilians. Two were disarmed by the protesters causing the other five to flee. After eight hours of deliberations on the 15th of August, an agreement was supposedly reached between the government and Indigenous leaders. This agreement included a government promise to turn over about 2,000 acres of land to the Chorti communities by August 19. The next day, however, it was discovered that 400 manzanas of land promised by the government will not be turned over by this date. The land, which is currently owned by the Municipality of the Copan Ruins argued that the National Government is not offering them a fair compensation for the land and filed a claim which delays the turn over of the land indefinitely Nevertheless, while Indigenous leaders are meeting to determine what steps to take, the national and international media have reported that the crisis is over and that the hunger strike ended with the Indigenous people satisfied with the results of the negotiations. The crisis has only moved into a different stage. By August 20, the last of the protesters and hunger strikers withdrew from their vigil after the government turned over 914 manzanas (1,000+ acres) to the Maya Chorti people. This represents 10% of the land promised in the May Accord, but it was enough for CONPAH to decide that the rest will have to come later. Indigenous leaders decided to withdraw upon reviewing what was gained, together with an evaluation of the health of the hunger strikers. Although the spotlight has fallen off the situation, the Honduran government must comply with the May Accord which includes: l) land titles for more than 8,000 hectares for the Chorti; 2) Investigating and bringing to justice the murderers of Candido Amador and Ovidio Perez, including an internal investigation into possible involvement by the armed forces; 3) Food for work; education, health and housing assistance and technical support for agricultural projects; 4) a Legislative initiative on Indigenous issues; 5) and human rights protection for the Indigenous people, including a general disarmament of individuals with heavy weapons. Information from: Amnesty International and CONPAH. The renewed negotiation process that began this July is at a standstill. The Honduran government asked the Indian leaders to form a team of lawyers to help the Indigenous people understand the laws related to land issues. The Confederation of Indigenous Groups in Honduras (CONPAH) put together a team of lawyers who determined that the government was using old agrarian reform laws as a framework for negotiating. These laws, however, do not recognize the special status of Indigenous people. The team of lawyus presented an expropriation law for Vol. 10 No.4 For more information please contact: International Solidarity Coordinator Laura Harms 1aura@conpah.sdnhon.org.hn 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Brazil- Charges Reduced for Brutal Burning of Pataxo Leader Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Brazil- Charges Reduced for Brutal Burning of Pataxo Leader Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (4-5).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note After killing an indigenous man by lighting him on fire, the five convicted assailants are no longer being charged with homicide, but on lesser charges. Pages 4-5 http://saiic.nativeweb.org/ayn/files/original/8ee33c4a832720eeebc094f373e3649c 4c740fc13672d17014f33ef31af72aae Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (5).pdf PDF Text Text IN was demarcated but is full of invaders. An appeal requesting that all possession deeds held by the invaders be annulled has been circulating in the judicial process of the Supreme Federal Court since 1982. The Pataxo delegates also asked president Cardoso to ratify ILO Convention 169, to speed up the voting on the Charter of Indigenous Peoples, referred to the National Congress for approval in 1994, and the revocation of decree 1,775/96. Several human rights groups, environmental and Indigenous organizations, together forming the Galdino Commission, launched a manifesto and a proposal for a signed petition to gather signatures in support of the Pataxo and against the decision of Judge Mello. The document calls on all persons who sympathize with the Indigenous cause to express their indignation at the decision, which it describes as "a serious threat to justice, as it can trivialize impunity, discredit the court system in our country and serve as an incentive to criminal acts." The signed petitions will be delivered to Judge Sandra de Santis Mello and to the Chief Justice of the Supreme Court of the Federal District and Territories, Carlos Augusto Machado de Farias. Information from: Cimi-Porantim, Noticias Aliadas Hunger Strike in Honduras: Indigenous Demands Continue Unrecognized ndigenous groups in Honduras returned to the capital of Tegucigalpa July 18 to renew their protests against the government. This was the start of an extended hunger strike in response to the government's neglect of the agreements made with the Indigenous people on May ll of this year. The three main demands of the native people of Honduras were: access to traditional lands belonging to the Chortis in the regions of Copan and Ocotepeque, reduction of the level of violence and political repression in their communities and the installation of the accords ratified in ILO Convention 169, which demand the return of Indigenous lands and respect for Indigenous cultures. Despite the detailed negotiations in May, the Honduran government has failed to uphold their part of the agreement. The politically motivated assassinations of Chortis' leaders Candido Amador and Ovidio Perez have not been investigated, although that was part of the agreement made by the government in May BRIEF the Chorti people that was quickly rejected by the government negotiators. On August 14, while the negotiations were going on, the Indigenous groups on hunger strike in front of the National Congress Building were visited by seven armed gunmen. These men, reportedly members of Honduran security forces, entered the area as plain-clothed civilians. Two were disarmed by the protesters causing the other five to flee. After eight hours of deliberations on the 15th of August, an agreement was supposedly reached between the government and Indigenous leaders. This agreement included a government promise to turn over about 2,000 acres of land to the Chorti communities by August 19. The next day, however, it was discovered that 400 manzanas of land promised by the government will not be turned over by this date. The land, which is currently owned by the Municipality of the Copan Ruins argued that the National Government is not offering them a fair compensation for the land and filed a claim which delays the turn over of the land indefinitely Nevertheless, while Indigenous leaders are meeting to determine what steps to take, the national and international media have reported that the crisis is over and that the hunger strike ended with the Indigenous people satisfied with the results of the negotiations. The crisis has only moved into a different stage. By August 20, the last of the protesters and hunger strikers withdrew from their vigil after the government turned over 914 manzanas (1,000+ acres) to the Maya Chorti people. This represents 10% of the land promised in the May Accord, but it was enough for CONPAH to decide that the rest will have to come later. Indigenous leaders decided to withdraw upon reviewing what was gained, together with an evaluation of the health of the hunger strikers. Although the spotlight has fallen off the situation, the Honduran government must comply with the May Accord which includes: l) land titles for more than 8,000 hectares for the Chorti; 2) Investigating and bringing to justice the murderers of Candido Amador and Ovidio Perez, including an internal investigation into possible involvement by the armed forces; 3) Food for work; education, health and housing assistance and technical support for agricultural projects; 4) a Legislative initiative on Indigenous issues; 5) and human rights protection for the Indigenous people, including a general disarmament of individuals with heavy weapons. Information from: Amnesty International and CONPAH. The renewed negotiation process that began this July is at a standstill. The Honduran government asked the Indian leaders to form a team of lawyers to help the Indigenous people understand the laws related to land issues. The Confederation of Indigenous Groups in Honduras (CONPAH) put together a team of lawyers who determined that the government was using old agrarian reform laws as a framework for negotiating. These laws, however, do not recognize the special status of Indigenous people. The team of lawyus presented an expropriation law for Vol. 10 No.4 For more information please contact: International Solidarity Coordinator Laura Harms 1aura@conpah.sdnhon.org.hn 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Hunger Strike in Honduras: Indigenous Demands Continue Unrecognized Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Hunger Strike in Honduras: Indigenous Demands Continue Unrecognized Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (5).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note Indigenous groups in Tegucigalpa have gone on a hunger strike after demanding that respect for indigenous cultures and lands be shown by the government. Pages 5 http://saiic.nativeweb.org/ayn/files/original/046832946a329f81c6fa8638b80cd82f 8b7cb090469d059fd5008e162905ab2d Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (6-9).pdf PDF Text Text K. Roy �ILO CONVENTION 1 6 9 ------------------------------------ I ne of the fundamental pillars of the ILO is its standards-setting activities. Since its creation, the ILO has adopted over 360 Conventions and recommendations which deal with a wide range of issues including working conditions, maternity protection, discrimination, freedom of association, social security, minimum wages etc. International labor standards are fundamental to the work of the ILO and provide the guidelines for its technical assistance programs, policy advisory services, training, research and publishing activities. While all its Conventions apply to Indigenous and Tribal Peoples, the ILO has also adopted the only two international instruments which deal exclusively with Indigenous and Tribal peoples: The Indigenous and Tribal Populations Convention, 1957 (No. 107) and its successor the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Convention No. 107 was adopted in 19 57 when the ILO was administering the Andean Indian Program, aimed at improving the living and working conditions of the Indigenous peoples of the Andes region. Convention No. 107 was ratified by 27 countries. However, with time and the growing awareness of the distinct identity of Indigenous and Tribal peoples, the relevance and indeed the appropriateness of Convention No. 107 came to be increasingly questioned. The Chandra K. Roy is an Indigenous lawyer from the Chittagong Hills Tracts of Bangladesh. She has worked extensively in the field of Indigenous rights and has recently completed an analytical study on the land rights of Indigenous ]ummas of the Chittagong Hills Tracts. Ms. Roy is currently working at the ILO on a project aimed at promoting ILO policy on Indigenous and tribal peoples within the framework of ILO standards. Vol. 10 No.4 ILO began a process of revision of the Convention: "Perhaps the main reason why it was felt necessary to revise this Convention was the fact that, after 30 years of existence, it was becoming clear that the indigenous populations were anxious for its integrationist approach with all this term's connotations of assimilation - to be reconsidered." After two years of intense discussion and dialogue, the Indigenous and Tribal Peoples Convention, 1989 (No. 169) was adopted in june 1989. With the ratifications of Norway Qune 1990) and Mexico (September 1990), Convention No. 169 entered into force in September 1991. As of june 1997, it has been ratified by ten countries, and is under consideration in a number of others including Brazil, Chile, Ecuador, The Nether lands, The Philippines and Venezuela. However, the impact of Convention No. 169 in terms of policy formulation has been far greater than the number of ratifications, and it has served as a model for the operational guidelines for international financial institutions, e.g. the World Bank and the Asian Development Bank (in process) as well as to orient the development assistance policies for some governments with no Indigenous and tribal peoples in their countries, e.g. Germany The Agreement establishing the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean Quly 1992) also refers to the Convention. Convention No. 169 is a comprehensive legal instrument and identifies the different components inherent in defining a specific relationship between a state and its Indigenous and Tribal peoples which is based on mutual respect for one another's differences. It highlights the need for special measures to enable these peoples, among the most disadvantaged of the national population, to achieve a standard of living which is equal to that of other citizens, and which is also culturally appropriate to their specific needs and concerns. of an ILO Convention - which is voluntary - signals the beginning of a process of dialogue and cooperation between the Government and the supervisory machinery for the purpose of ensuring that national law and practice is in conformity with the relevant international legal standard. Under Article 22 of the ILO Constitution, a State is required to submit periodic reports to the ILO's supervisory bodies concerning the implementation of all ratified Conventions. The regular reporting period for Conventions Nos. 107 and 169 is every five years, but the Committee of Experts may request reports at more frequent intervals if it deems the situation warrants closer examination. In addition to reports on the application of ratified Conventions, under Article 19 of the ILO Constitution, the Governing Body may request reports from each ILO member State on "the position of its law and practice in regard to the matters dealt with in the (unratified) Convention or Recommendation. Member states are required to indicate "the difficulties which prevent or delay the ratification of such Convention." As of 1996, States which have not ratified Continue on page 8 1 �ILO CoNVENTION 1 6 9 the fundamental Conventions- freedom of association and collective bargaining, forced labor, discrimination and minimum age- are required to submit reports at four yearly intervals on obstacles to ratification. The Committee of Experts on the Application of Conventions and Recommendations is the central body in the supervision of international labor standards. It is composed of 20 independent jurists from all over the world with practical experience in different legal, economic and social systems. The Committee of Experts meets once a year in Geneva to examine the implementation of ILO standards and publishes its findings in an annual report. In its 1997 report on the application of Conventions Nos. 107 and 169, the Committee of Experts examined the situation in a number of Latin American countries of which the following are excerpts from the Observations published in the annual report: ,. I' I Brazil (Convention No. 107): The situation of the Indigenous communities in Brazil was discussed with the Government during the 1996 session of the International Labor Conference's Committee on the Application of Standards. In its 1997 report, the Committee of Experts commented on the following problems: invasion by "garimpeiros" (gold miners), the adoption of Decree No. 1775/96 and resulting implications on the land demarcation process, insufficient resource-allocation to FUNAI (the National Indian Foundation), the judicial process of the july 1993 Haximu massacre, displacement and hydroelectric projects, and Indigenous children working under exploitative conditions on sugar plantations. The Committee also stressed that ".. .it is bound to deplore the fact that the invasion of Indigenous lands, and particularly the lands of the Yanomami, continues year after year, with the serious consequences that such invasions have on the health and survival of these peoples." In addition, the Committee expressed its concern for the alarming health conditions of the Yanomami population warning that if the trend continues, ".... the Yanomami population is inexorably heading for extinction." Mexico (Convention No. 169): The Committee commented in 1997 on the nationwide process of consultation on the rights and participation of Indigenous peoples which had resulted in some 9,000 proposals for reforms of the relevant constitutional and legal framework including the recommendation to bring the national legislation into conformity with Convention No. 169. In addition it raised the issue of working conditions including recruitment of Indigenous workers by "enganche" (a form of coercive recruitment), non-payment of wages, denial of the right to organize, an absence of adequate labor inspection and the construction of a hydroelectric dam in Oaxaca. The Committee recommended the Government seek ".. the technical assistance of the International Labor Office to reinforce the protection of the rights of Indigenous workers." The Committee of Experts supplemented these comments by requests for further information which were sent directly to the Governments. The Committee also examined the first reports on the application of Convention No. 169, both in law and in practice, submitted by the Governments of Costa Rica and Paraguay It requested further information from the Government of Costa Rica on a number of issues including measures to secure full enjoyment of human rights and fundamental freedoms; effective protection of Indigenous lands and removal on nonIndigenous persons; mechanisms for consultation with the Indigenous peoples when resources pertaining to reservations are exploited by the State, and when concessions are granted to private individuals; prior impact assessment studies; health policies and bilingual and bicultural education programs. With regard to Paraguay the Committee requested further information on various issues including development projects; mechanisms for consultations with Indigenous peoples; the relationship between the Paraguayan Indigenous Institute and religious entities; any prior impact assessment studies; land rights including titling and transfers, illegal settlers and restoration of lands of the "Fortuna" community Indigenous and Tribal Peoples can participate in the ILO supervisory process in a number of ways including through its tripartite structure of governments, employers and workers including through an international trade union or employers' organization. Any workers' or employers' organization - including those made up of Indigenous and tribal peoples - may send information to the ILO commenting on the application of a ratified convention, and the Committee of Experts and the Conference Committee have emphasized the value of such comments in assessing the effective application of the relevant convention. As mentioned earlier, employers' and workers' organizations participate actively in the supervision of ILO standards, and the Committee of Experts has received communications from a number of workers' organizations regarding non-compliance with the provisions of Convention Nos. 107 and 169, e.g. Brazil, Colombia, Mexico and Peru. Indigenous and tribal peoples themselves may also send information to the ILO directly, and the Committee of Experts can use this information if it contains verifiable information such as laws, regulations or other official documents e.g. land titles.* In an innovative approach, the Norwegian Government has implementContinue on page 9 Abya Yala News �ILO ed a suggestion in the Report Form (Point VIII) on Convention No. 169 that "the government may find it helpful to consult organizations of Indigenous and tribal peoples in the country, through their traditional institutions where they exist, on the measures taken to give effect to the present Convention, and in preparing reports on its application." The Sameting, Sami Parliament, was formed in I 989 with 39 representatives elected by Samis across the country. Although the Sameting is principally an advisory body, the Norwegian parliament has decided that the decision-making power of the Sami Parliament should be developed progressively. The Sameting has the power to take initiatives on any issue and to raise any questions that it considers to be of relevance to the Sami people. In addition, all local, national and regional authorities must consult the Sami Parliament before taking any decision which may affect the Sami people. The Government of Norway sends its reports on the application of Convention 169 to the Sami Parliament for its comments before submitting both the Government's report and the Sami Parliament's comments to the ILO. This is on the basis of an agreement entered into between the Norwegian Government and the Sami Parliament (Sameting), to ensure that the opinion of the Sami Parliament is included in the formal reporting procedure under Convention No. 169. Both the report of the Norwegian Government and that of the Sami Parliament are sent to the ILO as one report on the application of Convention No. 169 in Norway. The ILO is also engaged in an open dialogue with the Sami Parliament, at the request of the Norwegian Government, thereby enabling the Sami people to take an active part in the supervision of Convention No. 169. At the moment, this is the only example that exists of such partnership between Indigenous bodies and governments, and this cooperation not only facilitates the implementation of this treaty but also encourages the advancement of Indigenous and tribal rights worldwide. The ILO Committee of Experts is urging other countries to adopt this kind of approach. ~ Vol. 10 No.4 CONVENTION 1 6 9 h i n order to ensure better implementation of its standards, the ILO has a number of technical cooperation projects specifically aimed at Indigenous and Tribal peoples. These include: I (1) Project on the Promotion of the Rights of Indigenous and Tribal Peoples (1996-98): This is a two-year technical cooperation project aimed at promoting the rights of Indigenous and Tribal peoples within the framework of relevant ILO standards, in particular Convention No. 169. The project is managed by Ms. Chandra Roy, a Jumma from the Chittagong Hill Tracts, Bangladesh and Ms. Henrietta Rasmussen, an Inuit from Greenland. It focuses on increasing awareness of the ILO's work in the field of Indigenous and Tribal peoples' rights, and on strengthening the capacity of these peoples to more effectively promote their rights within the context of ILO standards. The project has provided support to micro-level activities in Costa Rica (a radio program on Indigenous rights) and in Bolivia (a publication on relevant Indigenous legislation). (2) The Inter-regional Program to Support Self-Reliance of Indigenous and Tribal Communities through Cooperatives and other Self-Help Organizations (INDISCO): This program was initiated in 1993 under the ILO/Danish International Development Agency (DANIDA) program for cooperative development in rural areas. Its principal aim is to strengthen the efforts of Indigenous and Tribal peoples to achieve self-reliance, and INDISCO has a number of pilot projects in India, The Philippines and in Central America - Costa Rica (Bri-Bri), El Salvador (Lenka), Honduras (Miskito), Nicaragua (Miskito and Arnica) and Panama * This represents the view of the ILO, and SAIIC feels that it is important to recall the fact that Indigenous peoples have a relatively limited access to the ILO procedures. Unlike the drafting of the United Nations Declaration on the Rights of Indigenous Peoples where Indigenous representatives were free to make suggestions and comments to the draft, the ILO-tripartite structure does not grant Indigenous organizations a representative status. They can only be accredited as visitors or officially recognized NGO's. For further information please contact: Project on Promotion of ILO Policy on Indigenous and Tribal Peoples, Equality and Human Rights Coordination Branch, Standards Department, International Labor Office, 4 Route des Morillons, CH 1211 Geneva-22, Switzerland. 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The International Labor Organization and Indigenous Peoples Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title The International Labor Organization and Indigenous Peoples Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (6-9).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Author Chandra K. Roy Abstract Note Numerous countries have adopted the conventions put forward by the ILO, which seeks to help increase communication between states and indigenous communities and protect indigenous rights. Pages 6-9 http://saiic.nativeweb.org/ayn/files/original/c83bacbc19275468808e5a99c635bbc0 c847d46d9b2c0e7987ecff296d35a635 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (9).pdf PDF Text Text ILO ed a suggestion in the Report Form (Point VIII) on Convention No. 169 that "the government may find it helpful to consult organizations of Indigenous and tribal peoples in the country, through their traditional institutions where they exist, on the measures taken to give effect to the present Convention, and in preparing reports on its application." The Sameting, Sami Parliament, was formed in I 989 with 39 representatives elected by Samis across the country. Although the Sameting is principally an advisory body, the Norwegian parliament has decided that the decision-making power of the Sami Parliament should be developed progressively. The Sameting has the power to take initiatives on any issue and to raise any questions that it considers to be of relevance to the Sami people. In addition, all local, national and regional authorities must consult the Sami Parliament before taking any decision which may affect the Sami people. The Government of Norway sends its reports on the application of Convention 169 to the Sami Parliament for its comments before submitting both the Government's report and the Sami Parliament's comments to the ILO. This is on the basis of an agreement entered into between the Norwegian Government and the Sami Parliament (Sameting), to ensure that the opinion of the Sami Parliament is included in the formal reporting procedure under Convention No. 169. Both the report of the Norwegian Government and that of the Sami Parliament are sent to the ILO as one report on the application of Convention No. 169 in Norway. The ILO is also engaged in an open dialogue with the Sami Parliament, at the request of the Norwegian Government, thereby enabling the Sami people to take an active part in the supervision of Convention No. 169. At the moment, this is the only example that exists of such partnership between Indigenous bodies and governments, and this cooperation not only facilitates the implementation of this treaty but also encourages the advancement of Indigenous and tribal rights worldwide. The ILO Committee of Experts is urging other countries to adopt this kind of approach. ~ Vol. 10 No.4 CONVENTION 1 6 9 h i n order to ensure better implementation of its standards, the ILO has a number of technical cooperation projects specifically aimed at Indigenous and Tribal peoples. These include: I (1) Project on the Promotion of the Rights of Indigenous and Tribal Peoples (1996-98): This is a two-year technical cooperation project aimed at promoting the rights of Indigenous and Tribal peoples within the framework of relevant ILO standards, in particular Convention No. 169. The project is managed by Ms. Chandra Roy, a Jumma from the Chittagong Hill Tracts, Bangladesh and Ms. Henrietta Rasmussen, an Inuit from Greenland. It focuses on increasing awareness of the ILO's work in the field of Indigenous and Tribal peoples' rights, and on strengthening the capacity of these peoples to more effectively promote their rights within the context of ILO standards. The project has provided support to micro-level activities in Costa Rica (a radio program on Indigenous rights) and in Bolivia (a publication on relevant Indigenous legislation). (2) The Inter-regional Program to Support Self-Reliance of Indigenous and Tribal Communities through Cooperatives and other Self-Help Organizations (INDISCO): This program was initiated in 1993 under the ILO/Danish International Development Agency (DANIDA) program for cooperative development in rural areas. Its principal aim is to strengthen the efforts of Indigenous and Tribal peoples to achieve self-reliance, and INDISCO has a number of pilot projects in India, The Philippines and in Central America - Costa Rica (Bri-Bri), El Salvador (Lenka), Honduras (Miskito), Nicaragua (Miskito and Arnica) and Panama * This represents the view of the ILO, and SAIIC feels that it is important to recall the fact that Indigenous peoples have a relatively limited access to the ILO procedures. Unlike the drafting of the United Nations Declaration on the Rights of Indigenous Peoples where Indigenous representatives were free to make suggestions and comments to the draft, the ILO-tripartite structure does not grant Indigenous organizations a representative status. They can only be accredited as visitors or officially recognized NGO's. For further information please contact: Project on Promotion of ILO Policy on Indigenous and Tribal Peoples, Equality and Human Rights Coordination Branch, Standards Department, International Labor Office, 4 Route des Morillons, CH 1211 Geneva-22, Switzerland. 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Technical Cooperation Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Technical Cooperation Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (9).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note The ILO has a few programs that promote technical cooperation between states and indigenous groups. Pages 9 http://saiic.nativeweb.org/ayn/files/original/92d29dd574bf8a156cb4ec255d0fd70d 89d951267f8aca0f56c174fa5d608ce5 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (10-11, 31).pdf PDF Text Text I l 0 ~ I Gerard Schulting The controversy surrounding this Convention continues to demand closer inspection. It is therefore necessary to analyze to what extent the Indigenous aspirations are reflected in Convention 169. It was not possible to reprint the document in its entirety in Abya Yala News due to space constraints nor is it possible to examine each article of the convention. There are however, a few elements of the Convention that need special attention. Bask Principles of Convention No. 169 Convention No. 169 emphasizes the shift in the conceptual approach to Indigenous and tribal peoples towards one based on respect for their specific identity "... and their right to participate in the decision-making process in all questions and programs directly affecting them, that is to say, to participate in the making of decisions and the determination of their own destiny." The Convention has 32 operative articles and is based on two fundamental concepts: consultation and participation. It is premised on the belief that Indigenous and tribal peoples should have the right to be consulted when legislative and administrative measures which may affect them are being considered; that they should have the right to participate at all levels of decision-making concerning them; and that they should have the right to decide their own development priorities. In addition there is a requirement for prior impact assessment studies to assess the social, spiritual, cultural and environmental implications of any planned development activities on these peoples (Article 7). The Convention addresses issues of vital importance to Indigenous and tribal peoples including the rights of ownership and possession over the lands they traditionally occupy, or have had access to 10 The peoples question (Article 14); the rights to natural resources including the right to participate in the use, management and conservation of such resources (Article 15); displacement (Article 16); land alienation (Article 17); unauthorized intrusions (Article 18); agrarian programs (Article 19); recruitment and conditions of employment (Article 20); vocational training, handicrafts and rural industries (Articles 2l to 23); social security and health (Articles 24 and 25); education (Articles 26 to 31) and cross-border cooperation (Article 32). Eight years after the adoption of Convention 169 concerning Indigenous and Tribal Peoples by the International Labor Organization (ILO), the flames of controversy smolder on. The Convention has been criticized for not fully embodying the Indigenous point of view. There are even those who imply that the wording of the document is a direct affront to the rights of Indigenous peoples. Directly after the adoption of Convention 169 by the ILO, the Indigenous Peoples Preparatory Meeting in Geneva produced a resolution rejecting Convention 169 and asking governments not to ratify it. Yet despite its arguable shortcomings, most Indigenous leaders and organizations see the Convention as an important step towards an improvement of their human rights situation and are eager for governments to ratify it. One of the biggest bones of contention was the inclusion of the term "peoples." Convention No.l07 of 1957 used the term "populations" and Indigenous rights organizations were pressing to replace "populations" by "peoples," to reflect the fact that these Indigenous cultures are organized societies with thdr own distinct identity. However, most governments were not willing to accept peoples because of the implication it would have under international law. Important international treaties like the International Covenant on Civil and Political Rights (1966) refer to the right of self-determination, by stating that "all peoples have the right of selfdetermination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development." Most governments fear that granting the right of selfdetermination to these "peoples" will allow them the right to succeed under international law. By not recognizing Indigenous peoples as such, they will not be able to invoke these international treaties and declarations that discuss the right to self-determination that all peoples have. In this regard, Convention 169 reflects the governments' point of view. Therefore, after much debate it was decided that the "use of the term 'peoples' in this Convention shall not be construed as having any implications as regards the rights which may attach to the term Continue on page 11 Abya Ya\a News �CONVENTION under international law" (Article 1). Qualifying the term peoples means discriminating between non Indigenous peoples as recognized by international law and Indigenous peoples who are denied the right of self-determination. In this aspect, the qualification contradicts article 35 of the Convention, which states that "the application of the provisions of this Convention shall not adversely affect rights and benefits of the peoples concerned pursuant to other Conventions and Recommendations, international instruments, treaties, or national laws." Consent or control? One of the main objections to Convention 107 was its integrationist approach; it was assumed that Indigenous societies were dissolving and Indigenous people would eventually assimilate into the national society Therefore, the concept of assimilation was to be replaced by terms that reflect the vision that Indigenous peoples deserve the right IT SHOULD BE to survive, indeed to thrive. To NOTED THAT ensure a high INDIGENOUS AND degree of recogniTRIBAL PEOPLES tion of Indigenous peoples' rights, DO NOT HAVE the inclusion of RIGHT OF the term consent and control in the VETO OVER new Convention DEVELOPMENT was advocated. POLICIES. Most governments and employers INDIGENOUS representatives REPRESENTATIVES opted for the FEEl THAT THEIR terms: participation and consultaLACK OF VETO tion instead, conPOWER AllOWS cepts that still GOVERNMENTS assume outside initiatives coming TOO MUCH from the governFREEDOM TO DO ment and not AS THEY PLEASE. from Indigenous peoples themselves. Consultation and participation prevail throughout the Convention. The problem remains over how consultation and participation should be interpreted. An example of this wording appears in Articles 6 and 7, two central policies of the Convention. Article~ 6 requires the Vol. 10 No.4 government to "consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly" This article goes on to state that the "consultations carried out in application of this Convention shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures." Article 7 is equally as vague with its reference to Indigenous peoples right to "participate in ~ the formulation, imple0 mentation and evaluation ., of plans and programs for national and regional devel- 0 .1> opment which may affect them directly" + It should be noted that Indigenous and Tribal peoples do not have the right of veto over development policies. Many Indigenous representatives feel that their lack of veto power allows governments too much freedom to do as they please. According to these two articles, it is the responsibility of the government to create the atmosphere which allows Indigenous people to contribute their ideas. The government must inform Indigenous peoples about proposed projects by providing them with the relevant information. debate around lands and resources 1 6 9 feet tense appears to be an attempt to avoid recognition of these rights based on past "occupation." Article 15 is a recognition of the governments' point of view that the state will always have the last word on the natural resources. With its claim that the rights of Indigenous peoples to the natural resources pertaining to their lands shall be "specially safeguarded, including the right of these peoples to participate in the use, management and conservation of these resources", this article seems to cona :! tradict article 14. If 0 Indigenous peoples ~ already own and possess their lands (art. 14), how can they be given the right to participate in the use, management and conservation of the resources (art.15)? This can only be the case when the state retains the sovereignty over all the natural resources, no matter if these resources pertain to Indigenous lands or not. Because access to subsurface resources normally requires the purchase or lease of the surface area above and Indigenous peoples are often prohibited from owning land or do not have official land titles, the Indigenous representatives suggested to the ILO that they be granted control over the subsurfaces to alleviate problems in the future. This proposal was met with fierce opposition by many governments and employer representatives. Evaluation From the Indigenous point of view the term territories should be used to cover all lands and resources belonging to Indigenous peoples. Hard-line government representatives were not willing to accept this, since this would affect the national integrity of the state. Article l3 uses the compromise "the lands or territories, or both as applicable." Article 14 is crucial because it deals with "the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy" Apart from the fact that occupy seems more suitable to be used in relation to invasions in times of war than when referring to Indigenous peoples, the use of this term in the imper- From the Indigenous perspective, the heavy use of qualifications throughout Convention 169 has made it a lot weaker. The best example of this practice, which is very common in international law, is Article 16 which deals with the issue of relocation and is riddled with qualifications. Where relocation of Indigenous peoples is necessary, this shall only take place with Indigenous consent. Where this is not possible, appropriate procedures, including public inquiries, where appropriate, must be undertaken. Whenever possible, the peoples shall return to their lands, if such a return is not possible, they shall be provided with Continue on page 31 11 j �ENVIRONMENT to be a parody of real democratic proceedings. Ironically; in a press release earlier in the year, Vice Minister of the Environment Luis Castro had proudly announced that "for the first time the minister of the environment is opening the process of public consultation so that persons and organizations interested in the ecological ramifications can listen to the presentation of the instrument, share their opinions and plan their responses/ observations." Aside from being considered "grave" and "deplorable", the process of public consultation carried out by the government violated five articles of the Organic Law on the Ordering of Territory; which afford the public the right to be informed and consulted about matters pertaining to this natural area. Presidential decree 1850 also violates two different national laws mandating congress' approval for any project that affects national territory; specifically the forest reserves. The plan establishes a fundamental change in the use of the Imataca reserve and the granting of large mineral concessions without the authorization of the National Congress. According to the Law of Forests, Grounds and Water, forest reserves are never allowed to be colonized or transfered without the approval and authorization of the national congress. The decree also violates a number of international laws and conventions, signed by Venezuela and ratified by the National Congress, including the 1941 Washington Convention on the protection of flora, fauna, and natural beauty of the Americas; the Convention on Biodiversity; the Convention on Climate Change; Agenda 21, the global action plan endorsed by Venezuela at the 1992 World Summit on the Environment in Rio de janeiro, as well as ILO Convention 107 on the protection of Indigenous people. It also ignores domestic law concerned with the territorial and other fundamental rights of Indigenous peoples. Besides these irregularities and violations, the plan is causing controversy within the professional sector of the nation. The government claims that the plan was created with the help of the faculty of the Forestry and Environmental Science Department at the University of the Andes. The government surveys of the Imataca Researve were done on a Vol. 10 No.4 scale of 1:250,000. This myopic investigation cannot provide adequate information about the majority of the ecosystems in the region. The University denies involvement and says that the plan is based on a misinterpretation of their research. Many find it ironic that an eminent administrative organization would contradict the opinions of technical and scientific specialists, who are demanding the abolishment of the decree. On the 14th of june the faculty approved a pronouncement soliciting the President of the Republic to revoke Decree 1850. This was followed by numerous other formal denunciations of the plan by politicians, academics, and over twenty Venezuelan environmental groups. Decree 1850 continues to cause a wave of protest in the country. The church, questioning the environmental policy of the government, believes that the plan for Imataca will amount to environmental degradation and fails to take into account the rights of Indigenous people. Some members of the Venezuelan National Parliament refer to the decree as a means of legalizing the destruction of this reserve. According to a ex-governor of the state of Bolivar, which comprises much of the Imataca reserve, Decree 1850 contains technical, legal and political failures. The social Christian party of Venezuela, COPEI, urged the government to revise Decree 1850 claiming it disregarded the opinion of major sectors of the population and reminding that the Council of Ministers does not have the right to decide about the use of national territory. They requested that the government study the true riches of the forest, the fragile ecology, the Indigenous communities and the biodiversity. Scientists are asking the government to abolish decree 1850, to create mining limits, and to conduct a new investigation to get a realistic idea about the effects of the plan. In response to the public outcry, President Caldera has said that the opening of Imataca to mining and wood exploitation represents the desire of the population. One minister even went so far as to say that the plan is a continuation of the Venezuelan government's policy of "rescuing the Imataca reserve" because the ecosystem is already being destroyed by wildcat mining workers .... Continued from page 11 alternative lands in all possible cases. All of these qualifications leave a lot room for interpretation. Convention 169 is a great improvement on the previous convention dealing with Indigenous peoples, but it has not totally succeeded in abolishing the integrationist approach of Convention 107. Articles 8 and 9, dealing with Indigenous customs and customary law, are good examples of this. Article 8 guarantees Indigenous peoples the right to retain their own customs and institutions, where these are not incompatible where Customs and customary law shall be recognized as long as they are not conflicting with national laws and regulations. This means that recognition will only follow if these customs are compatible with the national law, for this to happen a lot of customs and customary rules will have to be adapted. Convention 169 does not reflect the wishes of Indigenous peoples regarding their recognition as peoples, the issue of territories, nor does it include the concepts of consent and control. So in this sense one might conclude that Convention 169 is not a great step forward in the recognition of the rights of Indigenous peoples. On the other hand, it was necessary to provide for a lot of diverse situations worldwide and agreement could not be always be reached on many of these issues. It was obvious that the governments were not going to ratify the Convention if it was so strong that it would require them to change their legal systems; and without ratifications there are no obligations or standards at all. It is important to remember that ILO Conventions are minimum standards and that no governments can ever create new legislation based on Convention 169, and thereby disregard national regulations that grant more extensive rights. Convention 169 is one of the instruments which stands along side the national regulations and legal framework. The ILO has proven to have built up quite an expertise on Indigenous issues, starting with the adoption of Convention 107 in 1957. This knowledge, together with the supervisory procedure, has the capacity to contribute to an improving human rights situation for the world's Indigenous peoples .... 31 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource ILO Convention 169: Can it help? Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title ILO Convention 169: Can it help? Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (10-11, 31).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Author Gerard Schulting Abstract Note The potential of ILO Convention 169 helping indigenous groups is a weak one due it it acting as a minimal set of standards for states to follow. However, it can provide a solid foundation for indigenous groups to seek increased recognition of their rights. Pages 10-11, 31 http://saiic.nativeweb.org/ayn/files/original/5934b336365008f4abb1b3d77586ccf7 489a044b8cb6d424a7c52be42c971ab6 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (12-13, 19).pdf PDF Text Text I l 0 CONVENTION 1 6 9 Thoughts Nanhnu from Hidalgo, Mexico, Margarita Gutierrez is an influential activist involved in organizing the Indigenous people in the Autonomous regions of Mexico. She is the Coordinator of the Women's Assembly of ANIPA and member of the National Indigenous Congress Forum following the San Andres Accord between the EZLN and the government of Mexico. While visiting the Bay Area this summer, Margarita shared her thoughts on the International Labor Organization's Convention 169 on Indigenous and Tribal peoples and its ramifications for Indigenous peoples in Mexico. How can Convention 169 be a necessary or useful tool to make the proposal of Indigenous autonomy in Mexico a reality? We think that their silence is a smoke screen to hide the fact that the government signs agreements without being fully aware of their implications. I am convinced that President Carlos Salinas de Gortari Convention 169 has been a tool for Indigenous peoples in Mexico since its ratification, because it contains the rights that knew what he was doing. He must have understood the magniwe want to integrate into Mexican legislation. The convention tude of this Convention, because one or two years after its ratihas been an important instrument, not only at the grassroots fication came the reformation, or should I say counter-reformalevel, but also for the leadership of the Indigenous communities tion, of article 2 7 pertaining to Indigenous lands and natural to demand our rights at the negotiating table. We used the resources. The functionaries responsible for issues relating to Convention when Salinas de Gortari was president to suspend a Indigenous people such as environmental, land, and resource management, don't acknowledge the Convention, resolution that would have brought a dam into the WE THINK THAT which is very convenient. Nahuatl territories of the Alto Balzas. This was an important experience on a national level for the THEIR SILENCE IS Indigenous movement. During the peace agreement A SMOI{E SCREEN We hope to use this instrument to provide a legal of San Cristobal de Las Casas in San Andres de TO HIDE THE FACT precedent for the affirmation of our rights. It serves as a declaration of what the government's obligaLamhnzar in I994, this Convention proved to be. an tions towards Indigenous people are and what they important instrument for reaching a consensus with THAT THE have failed to do. By ratifying this Convention, the the federal government. This is the judicial preceGOVERNMENT dent that can lead to constitutional legislation. government of Mexico promised to ensure that the SIGNS AGREEnational laws regarding Indigenous peoples are in Although there are significant limitations, MENTS WITHOUT harmony with the Convention. As an international accord, it is a supreme law of our country, according Convention 169 includes many important issues, in BEING FUllY to article 133 and 134 of the Mexican constitution. regards to Indigenous rights, that haven't even been AWARE OF THEIR We recognize, that if it is a supreme law of the land, addressed by our own countries. I have had diait ought to have a means to insure proper implelogues with fellow women, government representaIMPLICATIONS. mentation. Article 33 of the convention states that tives, who claim (although I have trouble believing it) total ignorance of Convention 169 and all the other interna- the government is responsible for ensuring that the measures tional judicial laws that the government had signed and ratified. discussed in the document will be fulfilled. The Indigenous Although it is possible, with the attitude that our government movement proposes reforms, like Article four, that recognize the has, that it has not acknowledged the Convention that it has pluri-culturality of Mexico and the rights of the Indigenous peosigned and continues to use silence as a means to ignore such ple to their own social organization and maintenance of traditional languages. Although we welcome the advances of Article treaties. We are very skeptical. four, we realize that it does not provide for any political rights . Continue on page 13 .! 12 Abya Ya\a News �-------llO We demand full participation in the public realm as well the cultural. In the dialogues we are demanding recognition of our political and territorial rights, and here is where the conflict begins. As of this moment, there has been no resolution to this problem. Part VII of Article 27, which discusses land and communities is also vague. We are always forced to maneuver within such contradictions. How do we integrate Convention 169, when it has already been made illegal in our nation? The constitution and laws seem proper and just on paper, but when applied there are always deceits and contradictions. When the Mexican government realized that they had signed an agreement granting many concessions to the Indigenous community, they quickly created the counter reform Article 27, because it was negotiating free trade as well. Indian communities, along with the Zapatistas, mobilized to protest these counter reforms especially regarding land ownership, in an attempt to mitigate the conflict between Convention 169 and existing national laws. Convention 169 is a basis for our demands regarding the question of autonomy because it articulates our right to selfdetermination, albeit a limited one. It is limited in that it is a right to internal autonomy, only within our lands. The sovereignty of the Mexican state is another question, one that creates conflicts. We are seeking to have autonomous communities within the state of Mexico, based on our historically occupied territories such as Yaqui, Nafihfiu or Maya, not complete autonomy from Mexico. We are in constant conflict with authorities that do not respect our own rights and institutions. We are forced to make our case through the local authorities, who are themselves members of the government. We want to be represented in the various levels of government within our territories and to actually have the self-determination granted to us in Convention 169. We are not seeking secession nor an autonomous reserve within the state. An analysis of history will show that our grandparents have shed their blood for the independence of Mexico and we are claiming our share in the nation for which they died. According to the constitution we are all seen as equal before the eyes of the law, but this is another contradiction, because we are treated differently We suffer much injustice and discrimination. But we claim our differences, not in being excluded from basic human and individual rights, but by being able to determine our own destiny Convention 169 has been and continues to be fundamental to our demands. We fight for our rights of self-determination to be recognized and for the Indigenous languages to be recognized as official languages. We also want respect for our distinct cultures, our traditional medicine, and respect for and participation by women in national society Therefore we are calling for the reform of Article 115 of the Mexican Constitution, which deals with giving further autonomy to Indigenous peoples. The government is not interested in these issues, rather they seek to strengthen the municipal governments. In addition, we are asking for the recognition of Article three, which deals with Indigenous languages and articles 73 and 53, which deal with autonomy and Indigeno.us peoples. CONVENTION 1 6 9 We also need to address the fact that these are pluri-cultural lands. We are sharing these territories with Mestizos, Caucasians, and other Indigenous peoples. This creates many problems of discrimination, racism, and undemocratic representation within these regions. Thus we wish to reclaim an equilibrium and be fairly represented. Each Indigenous community needs to have the ability to develop a unique strategy to address their particular situation. There must be a system of government that can respect and address the diversity of cultural, political, and ideological structures in these regions. This is the proposal and the general aspirations of our political project. This is what was signed at San Andres, however the proposals created by the government are AN ANAlYSIS very unsatisfactory For example, the government proposed that the community HISTORY must be recognized as a public entity, but the community already exists and needs no SHOW THAT OUR recognition. This statement resolves noth- GRANDPARENTS ing, it says nothing, it does nothing! HAVE SHED What we propose is to restructure these THEIR BlOOD territories, the Nafihfiu territory, the Zapoteco territory, the Mixteco territory FOR THE INDEWe cannot continue with the current PENDENCE OF process of continually issuing more political legislation and decrees that simply stagMEXICO AND nate our efforts in a quagmire of red tape. These regions, that the governments calls WE ARE ClAIMextremely poor, are for us lacking only material things. Although we do not have lNG OUR SHARE many basic services, we are wealthy in nat- IN NATION ural resources and ideas. The issue of the poverty in Indigenous regions is real but FOR WHICH we question it as another way for the govTHEY ernment to sidetrack us from pursuing our original goals of territorial, political, cultural, and economic autonomy We must have an integrated autonomy, what good is territorial autonomy if the resources and economy are controlled from outside? Territorial autonomy is especially complicated because it comprise both our homes and our sacred sites such as ruins (archeological sites), burial grounds, and ceremonial centers. This complex issue is not easy to resolve but we have definite and clear proposals with the legal backing of Convention 169. You recently attended a meeting of the United Nations Working Group in Chile. Could you please tell us a bit about what proposals emerged from this first international encounter in Chile? Well, the meeting in Chile wasn't specifically focused on Convention 169, but it was certainly one of the themes. It was a theme of the meeting because of its importance, and because it has been ratified by so many governments yet ignored. This meeting convened primarily to begin the dialogue on the idea of creating a permanent forum for Indigenous peoples within the structure of the United Nations. The Working Group was created for a specific purpose and it has served that purpose well. It i i Continue on page 19 Vol. 10 No.4 13 ~ �~~~~~~~~~~~~~~L~O~~C~o~N_V~E~N~T_!~O~N~-1~6 9 ___ Continued from page 13 ILO Convention 169 highlights the necessity of implementing an educational system that is inclusive, stemming from the ideology and epistemology of the Indigenous Mayan culture. To encourage the creation of a true multilingual state, we are emphasizing the teaching and learning of Indigenous languages. Projects are now being promoted to achieve this goal, such as the current national commission for the official recognition of the 21 Mayan languages as well as Xinka and Garifuna spoken in Guatemala. The Indigenous organizations of Guatemala are also organizing bipartisan commissions to propose educational programs that will integrate the knowledge and intellectual productions of Indigenous people in the curricula. The lndigenous world views are becoming an integral part in the experimental educational projects, particularly in the program called '"Escuelas Mayas" coordinated by the Centro de lnvestigaciones y Documentacion Maya (CEDIM). Similarly, on the religious front, the Consejo National de Sacerdotes Mayas is consulting the Mayan calendar and proposing its use to guide the educational programs, agricultural projects, and life cycles important in Mayan communities. Indigenous religion and philosophy are also being revived and practiced by men and women, who are now expressing themselves freely in their Mayan religious organizations at the national level. An important contribution of Indigenous people to the legal and political process in Guatemala is the recognition of our customary law that regulates conflict and creates consensus in our communities. Similarly, the bipartisan commission for land has also been established and Mayan organizations, such as the Coordinator of Mayan People of Guatemala (COPMAGUA), are now discussing the possibilities for peaceful solutions to the land problems with a government team. With the complete implementation of the articles stated in the Convention, there is hope that Guatemala, as a pluricultural nationstate, may develop a real democracy with just treatment for the large Indigenous population within its borders. Once Indigenous people are allowed to determine and direct their own development with the support of the national govern- ment, Guatemala will make a major step towards its development as a modern nation with a bright future and a true commitment to justice. With the ratification of Convention 169, Guatemala has achieved an international status and recognition as a nation that respects its Indigenous majority By becoming a signatory of the ILO Convention, Guatemala is now among those independent nations highly concerned with the promotion and continuity of Indigenous cultures in their territories. This is a historical opportunity for Guatemala to fulfill its promise of recognizing and valuing its patrimony, not only its ancient Mayan past, but the contemporary inheritors of that millennial Mayan civilization. The articles of the Convention are being massively publicized, so that the Indigenous population can read and apply its contents to help them to finally escape from the marginal world to which they have been relegated for the past five centuries. To aid in the promotion of the Convention, a number of Mayan organizations, such as the Academy of Mayan Languages, Cholsamaj, the Mayan paper Rutzijol, and the newspaper El Regional are translating and diffusing the information in Mayan languages. It must be understood that Convention 169 is not in itself the solution to the ill treatment of the Indigenous population in the past by the dominant Ladino population. Instead, it is a step towards understanding and respecting the contributions of lndigenous people in all spheres of human life. At this new stage in their history, Guatemalans must question their own identities and discover the Indigenous roots that give them a unique and powerful identity as Mayans. For this to occur, it is important that the Ladino or non-Indigenous population change the persistent views and negative stereotypes that they have imposed on Indigenous people for centuries. This implies rewriting their histories and learning more about the grandeur of the Mayan civilization which, with remarkable tenacity, has persisted until now, despite the restricted spaces in which its contemporary inheritors struggle to survive at the end of this century ~ has been of great importance, but we are asking for a more permanent and inclusive space within the UN. There is a proposal in Copenhagen to create just such an organization. Thus what we discussed in Temuco Chile, Mapuche territory, is not just the possibility of a permanent Indigenous forum but the real need for such a body to be installed. This would not replace or compete with the Working Group, but complement it. When discussing logistics, scope, and purpose of the forum, we decided that it should be a place where Indigenous people can publicly denounce injustices as well as make recommendations. It can also function as a mediator of disputes between Indigenous peoples and governments. We can no longer continue to function in a system where government policies are implemented unilaterally, regarding Indigenous communities as easy prey There are two realities; that of national governments and that of A traditional cultures. We must begin to hold dialogues with the governments and a permanent forum could be just the parliamentary instrument to this end. It must be an egalitarian assembly that represents the Indigenous perspective on equal footing with the government positions. It has been proposed that the forum would be similar to the UN, that would be ideal but that is perhaps unrealistic. We are aiming for something on the level of ECOSOC, which is a much higher level than where we are in the UN now. We would like to see this forum be a legitimate arm of the UN with an office in Geneva or New York We sincerely hope that the proposals discussed at this conference will be realized in the near future. ~ - - - - - - - - - - - - - - - · - · · · · - - - · Vol. 10 No.4 19 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Interview with Margarita Gutierrez: Thoughts on Mexico and Convention 169 Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Interview with Margarita Gutierrez: Thoughts on Mexico and Convention 169 Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (12-13, 19).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note Margarita Gutierrez talks about the potential of Convention 169 helping indigenous groups in Mexico and other Latin American nations. Pages 12-13, 19 http://saiic.nativeweb.org/ayn/files/original/86956e22c376f14482f254398bdea6da 88c4256f8e8cf6c40cd4d9b360237a2a Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (14-16).pdf PDF Text Text I L O__~C~o~N~V~E~N~T~I~o~~N~~1~6~9 ______________________________________________ n Costa Rica, there exists a long tradition of violating the rights of the Indigneous communities which continues to this day: Like many of its neighbors, the Costa Rican government has repeatedly failed to comply with its own national, as well as international, laws that are in force to protect and promote Indigenous cultures. This lack of political implementation has led to a rapid disintegration of Indigenous identity and could lead to the total disappearance of these cultures. • Rica has violated this Act and decreased four reservations through decrees. For instance, the Guaymi de Conteburica reservation was established by Decree No. 8514-G and recognized by the Indigenous Act as containing 12,558 hectares. In 1982, Decree No. 13545 reduced the reservation by 648 hectares. The same kind of illegal acts took place with regard to the Guaymi de Abrojo Montezuma reservation (from 1,517 to 1,480 hectares), the Guatuso reservation (from 2,994 to 2,743 hectares), and the Guaymi de Cotobrus reservation (from 8,631 to 7,246 hectares). Not only has the government violated the Indigenous Act, but the government reports sent to the ILO, following the supervisory procedure of Convention 107, claimed that the Guatuso reservation consists of the original 2,994 hectares. s I • I I s • I • I • ILO Convention 169 in Costa Rica I It is important to note article 7 of the Costa Rican constitution, which declares that international treaties and conventions ratified by Costa Rica are of a higher authority than national law. This means that Convention 169 is applicable directly and must be recognized within the national legislation of Costa Rica. Despite Costa Rica's respect for international conventions, the nation seems to be having difficulty practicing what they preach. The right to consultation as established by Convention 169 is something that is still in its infancy in Costa Rica. An institutionalized consultation procedure does not exist. The government claims that the Mesa Nacional Indigena is the representative Indigenous organ being consulted by the government. However, the Mesa is neither representative nor an organ. The Mesa was created by the government as a response to demands from the Indigenous Fund. In 1992 the Latin American and Iberian government leaders met in Santiago de Chile and established the Indigenous Fund. The objective of this Fund was to improve the situation of the Indigenous peoples in Latin America by providing technical assistance and funding for various development projects. As a requisite to receive money from this Fund, there must be a national Indigenous organization that represents the Indigenous peoples. Continue on page 15 Abya Yala News look at ILO Convention I 6 9 in Costa ca + by: Gerard Schulting In 1973 the National Commission for Indigenous Affairs (CONAl) was established by the government. The law creating this institution covers a wide variety of subjects, ranging from general objectives like improving the social, economic and cultural situation to concrete objectives such as the establishment of new health centers. This decade also saw the creation of various reservations. The most important progress was the adoption of the Indigenous Act (Ley Indigena, No. 6172) in November 1977, further regulating Indigenous matters. Particularly important is article 1 of this Act, which states that the established reservations can only by diminished by adopting an explicit law. Despite this provision, the government of Costa Gerard Schulting did an internship at SAIIC, followed by one at CODEHUCA, the Central American Human Rights Commission, in San jose, Costa Rica, where he did research for this article. 14 Article 2 of the Indigenous Act says that the transfer of land from non-Indigenous to Indigenous people will be free of charge. CONAl has the obligation to buy back the land to later give it to the Indigenous communities. However, CONAl has never received the necessary . funding to perform this fundamental task. As a consequence, very little land is in the hands of Indigenous people. The ratification in 1993, and subsequent implementation in April 1994, of ILO Convention 169 has given Indigenous communities in Costa Rica a new instrument with which to fight for their rights . �ILO As there was no such organization in Costa Rica, the government created the Mesa in 1993. No Indigenous leaders seem to know what the Mesa does, and the people that constitute it can in no way be regarded as real representatives of the Indigenous communities within Costa Rica. This Mesa does not even have an office, and it lacks any guiding principals necessary to call it an organ. It is difficult for the customs and customary laws of Indigenous peoples to be recognized as applicable within the implementation of national law. One only need look at the way that the Indigenous communities are forced to organize to be able to advocate their rights. For any Indigenous organization to be recognized by the government, it has to be formed in accordance with the governmental Communal Development Associations. The government has set up these Associations on every reservation. The rules of these Associations require the Indigenous peoples to organize themselves in a way that is foreign to them. Organizations that refuse to comply with these procedures and try to operate independently of the Associations are not recognized by the government. CONVENTION 1 6 9 ILO Convention 169. The Mining Act says that the Legislative Assembly of Costa Rica decides on the granting of exploitation contracts to extract natural resources. There is no distinction between the reservations and the rest of Costa Rica. Because there exists no institutionalized and regulated consultation, Indigenous peoples have no say whatsoever about the exploitation of their territories. This is in direct opposition to Article 15 of Convention 169 which guarantees" ... the right of these peoples to participate in the use, management and conservation of these resources ... " Health is one of the areas on which the biggest improvement has been reached. A number of new clinics have been built, although in most cases doctors are available only one or two days a week. The number of casualties as a consequence of diseases is still far higher than among the rest of the Costa Rican population. Severe diarrhea leading to dehydration is the principal cause of death among Indigenous children. Although the situation is improving, it is still very difficult to get the necessary medical attention in remote areas of the country: On the education front, the The most strident problem facsituation is twofold. On the ing Indian communities is the one hand quite a few new elementary schools have been rapid encroachment of nonALAJUELA constructed in the last couple Indigenous people on large areas of years. There are only two of Indigenous lands. Although the high schools on Indigenous government recognizes this fact, it 0 territory, and both have been has done very little to remedy this built with the help of foreign predicament. The Indigenous Act cooperation. On the other contains provisions regarding the hand, there is hardly any removal of these non-Indigenous attention being paid to the persons. Those persons that were MATAMBU already situated in areas that later development of bilingual eduUJARRAS----"<;---Cabfllmr were proclaimed reservations shall cation. In 19 9 5 the be moved and properly compenDepartment for Indigenous Education (DEI) was created sated. Non-Indigenous people that have penetrated the reservations Indigenous by Decree No. 23489. Because it was created by a Decree and after the adoption of the Territories of BORUCA•REVCURRE Brunca not by an explicit law, the next Indigenous Act have no rights in administration has the ability this regard, and can be removed Costa Rica to dissolve the Department. according to the Act. However this has not been enforced and non-Indigenous people continue to This unstable future is reflected in its administration. There is settle in Indigenous territory at an alarming rate. On some reser- almost no budget directed towards the DEI making it impossivations more than 80% of the territory is in the hands of non- ble to develop a long-term strategy Without a long-term policy, Indigenous people. In this regard the Costa Rican government the important issues cannot be confronted. For instance, there has failed to implement Article 18 of ILO Convention 169, is no bilingual educational material at the high school level and which states that "Adequate penalties shall be established by law the material for the elementary level is very outdated. There is for unauthorized intrusion upon, or use of, the lands of the peo- no funding to provide sufficient scholarships for Indigenous ples concerned, and governments shall take measures to present students. Another problem is the lack of Indigenous teachers. It is very important that the Indigenous children are taught by such offenses." Indigenous teachers as they are best able to transmit the tradiIndigenous peoples in Costa Rica cannot obtain agricultural tional values and culture. credit because the lands belong to the community and there is no legal formula for providing guarantees on communal properties. This situation has been recognized by the Supreme Court The Indigenous movement of justice. However nothing has been done to change this. The rise of the Indigenous movement in Costa Rica is a fairIn examining Indigenous rights in the natural resources ly recent development. The battle, at the end of the 1980's, by issue, we see that Costa Rica again fails to uphold the tenants of the Guaymies to be recognized as Costa Rican citizens and not Continue on page 16 15 Vol. 10 No.4 C~ote;e �llO CONVENTION 1 6 9 as foreigners, led to the establishment of a growing number of Indigenous non-governmental organizations (NGO's). These organizations have been founded to ameliorate the social and economic crisis within Indigenous communities. They work to achieve a greater degree of autonomy and to pressure the government to comply with the national and international legislation. The Indigenous communities in Costa Rica are steadily becoming more vocal in protecting their rights, denouncing violations and abuses and demanding the recovery of their lands. This growing awareness of their own rights has brought with it a new phase in the Indigenous struggle. By the end of 1996 the government had been sued twice in light of its failure to execute the legislation in practice. On the 3 of October, jose Dualok Rojas Ortiz, a Bribri and president of the cultural association Sejekto (the Voice of the Indian) sued the Costa Rican state for not having complied with its obligations under the Indigenous Act and the ratification of Convention 169. The Supreme Court of justice is examining the case. of land in the hand of Indigenous people continues to be one of the most serious problem facing Indian communities. The government has shown that it is not willing to take real measures to protect and promote Indigenous cultures. It is striking to see how many Costa Ricans think that within a couple of years there will be no more puros indigenas and that it is therefore a waist of time and money trying to avoid this. CONAl is a good example of the government's failure to developed the necessary multisectorial policy to give effective protection. Although according to its constituting treaty CONAl is responsible for all government policy regarding Indigenous peoples, it is in dire need of funding and has been subject to the usual government neglect. The first Convention 169 government report sent to the ILO at the end of last year was written without consulting CONAl or the DEI. However, the Indigenous people in Costa Rica have demonstrated to their own government and the international community that they are determined to fight for their autonomy, their land rights and their rights as peoples. Although it has yet to be Two and a half months later, four Malekus filed a law suit against the state for violating the Indigenous Act. With help from the NGO Fundaci6n lriria Tsochok (Foundation for the Defense of the Land) an extensive one year research project has been undertaken to collect the necessary geographical and topographical data. This study has produced a voluminous charge with over two hundred pages of empirical evidence. The indictment concerns the illegal reduction of the Guatuso reservation and demands the restitution of the 250 hectares. Even the little land that was assigned to the Malekus after the reduction is almost completely (90%) in the hands of non-Indigenous persons. The Supreme Court is also investigating this case. Indigenous bank in Suretka, Talamanca, Costa Rica, a project of Sejekto: to provide credit to small farmers. A new legislative initiative ' Currently the Legislative Assembly is working on a draft Act that will effectively replace the Indigenous Act and all the Decrees that have been enacted. This drafting process has been progressive in a couple of ways. In compliance with Convention 169, the Indigenous leaders have been consulted, they have had the opportunity to give their opinion and input on what to include in this draft. The draft committee has also recognized the need to rename the reservations as territories, since the first term implies isolation. The draft is very extensive, contains fiftyone articles and deals with all the relevant issues. Despite the fact that it has been the subject of discussion for the past couple of years, it is unfortunately that this draft, with its positive agenda, has still not been adopted by the Assembly. Until the Costa Rican government legally accepts the draft there is no real change taking place for Indigenous peoples. Critics believe that the government should be focusing on executing the existing legislation before adopting a new instrument with even more obligations. I i I' 1 ! Where to from here? In spite of its progressive legislation, there remains a lot to be done in the field of Indigenous rights in Costa Rica. The lack 16 thoroughly implemented into public policy and practice in Costa Rica, Convention 169 has been an effective tool in increasing Indigenous peoples awareness of their own rights under international law. It has also helped to increase awareness among non-Indigenous people. This has been proven by a growing jurisprudence in Costa Rica that recognizes the principles of Convention 169 as fundamental human rights of Indigenous peoples. Costa Rica can move beyond the other Latin American countries that have impressive bodies of laws regarding Indigenous peoples merely to appease the international community yet continually fail to abide by their own legislation. The Costa Rican government must actualize all the articles of ILO Convention 169 to prove to the international community that it is serious about its commitment to upholding the rights of Indigenous peoples. "'9 Thanks to Jorge Dandier, Jose Dualoh Rojas Ortiz and Ali Garcia. For more information please contact: Fundacion Iriria Tsochoh, Apdo. Postal555-2100, Costa Rica, tel. (506) 225-5091/ fax. (506) 253-6446 Asociaci6n Cultural Sejehto de Costa Rica, Apdo. 906-2150 Moravia, San Jose, Costa Rica, tel. & fax. (506) 257-5157 Abya Yala News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indigenous Peoples in Costa Rica: On the Road to Extinction?: A look at ILO Convention 169 in Costa Rica Type The nature or genre of the resource Magazine Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Indigenous Peoples in Costa Rica: On the Road to Extinction?: A look at ILO Convention 169 in Costa Rica Item Type Magazine Article Attachment Title Vol. 10, no. 4 (14-16).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Author Gerard Schulting Abstract Note Legislation has been introduced in Costa Rica has been made in compliance with Convention 169, which has opened the door for indigenous groups to continue to work towards increased autonomy. Pages 14-16 http://saiic.nativeweb.org/ayn/files/original/a3eb164f61ac20848ff9c9774db78635 309da4bbbe8680c77e35453a774ef76c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (17-18).pdf PDF Text Text llO CONVENTION ----='-----=-------=--- fter the signing of the peace accord in Guatemala on December 29, 1996, the implementation of these agreements between the Guatemalan government and the Guatemalan National Revolutionary Unity (URNG) has been one of the major concerns of the Mayan organizations. During the peace negotiations, Indigenous Guatemala organizations recognized that For those in favor, the above statement from the Constitution pertaining to the rights and freedom of Indigenous people within the nation, should be reinforced with the adoption and ratification of Convention 169. Convention 169 argues for the implementation, practice, and promotion of the rights of Indigenous people already stated in the Constitution. The protection of Indigenous rights is inherent since "the Indigenous and Tribal people must fully enjoy human rights and fundamental lib- 1 6 9 sent themselves, instead of the current policies which have promoted assimilation and full integration into the national life. Convention and the negotiations for peace While Guatemala argued against the ratification of Convention 169, other countries such as Mexico, Colombia and Bolivia, among others; ratified the in ILO • Convention 169 is an important, interna- I tional legal tool that would contribute to the promotion of human rights and justice in Guatemala and urged for its ratification. Unfortunately, the ratification of Convention 169 created a disagreement between those who are in favor or against it, delaying its ratification by Guatemala. Some who argued against the legal instrument proposed by the ILO claimed that Convention 169 contradicted the Guatemalan National Constitution. Others claimed that it was unnecessary because the Guatemalan Constitution was inclusive and that all Guatemalans were equal and enjoyed the same rights and obligations as members of the Guatemalan nation-state. Article 66 of the Guatemalan Constitution acknowledges that the Guatemalan state is made up of diverse ethnic groups and that "the state must recognize, respect and promote the ways of life, customs, traditions, forms of social organization, the use of Indigenous traditional dress, languages and dialects", which together form part of their distinct identity as Indigenous peoples. Victor D. Montejo, Ph. D. is a ]akaltekMaya and an Assistant Professor in the Department of Native American Studies at the University of California, Davis. He is also President of the Maya Educational Foundation. I • I I By Victor D. Montejo, Ph D. Oakaltek..Maya) erties without obstacles and discrimination." Due to the insistence of Indigenous organizations in Guatemalan and their international support, the Guatemalan government realized that it had a need and an obligation to ratify Convention 169. It was this pressure that persuaded the Guatemalan government to ratify the document on june 5, 1996 (effective june 5, 1997). It is our hope that, with its implementation, Indigenous people will finally be allowed to repre- Convention and encouraged other countries to follow their example. For this reason, Guatemala was under strict scrutiny by other international organizations and was criticized for not adopting and ratifying the Convention. As the negotiations for a lasting peace between the Guatemalan army and the Guatemalan National Revolutionary Unity (URNG) continued, the different Mayan organizations insisted that Convention 169 must be ratified as part of the agreements. It 17 �I l 0 CoNVENTION 1 6 9 was clear that this international, legal instrument would help the marginalized Indigenous population to assume leadership in the pursue of their rights and the revival of the Mayan, Garifuna and Xinca cultures. Can Convention 169 help resolve the land crisis? alike, should read and study the Convention carefully so that they may successfully use it as a tool in the quest for peace and justice for the dispossessed. The land problem continues to be a very delicate issue in Guatemala and currently this predicament is intensifying. Campesino and Mayan communities are now fighting against each other to protect and redefine the community and the municipality land boundaries. The armed confrontation between two Mayan communities in Solola and Totonlcapan in June, who fought against each other with machetes to defend their land boundaries, is an example of the current situation. To avoid these conflicts, Congress must use Convention 169 to legislate attending the petitions of the lndigenous communities and must recognize their traditional, communal practices of land tenure. Land rights will undoubtedly be the source of conflicts in Guatemala and throughout Latin America in the coming century. The application of Convention 169 in Guatemala should now be instrumental in the search for solutions to the land problems affectIn 1991, under the government of ing the Mayan president Jorge Serrano Elias, the differ- communities. It ent Mayan organizations, worker's organi- should be zations, governmental institutions, the understood that church, the army and CACIF participated Indigenous in a national consultation to discuss the people have a viability of the implementation and ratifi- special cation of Convention 169 in Guatemala. '"quasi-reliIn 1992, the Guatemalan Congress began gious" relaa serious analysis and discussion of tionship Convention 169 and its compatibility with the with the Constitution. The Latin 1 a n d . American signatories of the Convention Without petitioned the Guatemalan Congress to access to land, ratify Convention 169 in 1993. The it will be debate concerning the implementation of extremely difthe Convention continued and became a ficult for the highly contested issue for the different Mayan peopolitical parties. The ILO Convention ple to main169 was finally ratified by Guatemala on tain their ways June 5, 1996. It is considered an instru- of life and their of ment that can help to ensure the imple- legacy respect and conmentation of the peace agreements (now pending after the signing of the peace cern for nature and humanity. accords.) Currently, and as With the ratification of Convention a result of the peace agreement "without 169, several issues became apparent. It is justice" achieved between not sufficient simply to recognize that the Guatemalan governIndigenous people have been marginalment and the URN G, ized and limited in their access to chaos surrounds the resources, or that they have been denied land issue. It is unforthe full expression of their individual and collective rights as traditional communi- tunate that some Indigenous and peasant An instrument ties with a millennial history and culture. organizations are proto support Nor is it enough to say that Guatemala is moting the invasion of a multilingual and a pluricultural nationand implement fincas (farms) without state, if we are not making the constituthe peace tional laws functional. Guatemala must regard for the current agreements comply with its laws permitting negotiations on land reform. The power of negotiations The ratification and full implementaIndigenous people to express themselves and dialogue must be respected in this tion of Convention 169 is fundamental in freely and to practice their ways of life case, in order to avoid the continuity of carrying out the peace agreements, parwithout restrictions, limitations or obstaviolence and tension in all levels of ticularly the accord on "Indigenous cles. The Indigenous communities are Guatemalan political life. Rights and Identity." The importance of hoping that Convention 169, as a legal this document rests on the idea that instrument, will ensure their right to selfConvention 169 must be used as a Indigenous people should be consulted determination and autonomy. In tool to negotiate a peaceful solution to the Guatemala, there is an urgent need to land problem, and not be used as a about, and participate in the development of, policies and programs that conenforce the legislation that considers the weapon to allow confrontation and invauniqueness and contribution of each sion by force. The Guatemalan popula- cern our lives and the organization of our Indigenous community, including their tion, Mayan and non-Mayan peasants communities. customary law. Abya Yala News 18 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Convention 169 and the Implementation of the Peace Accords in Guatemala Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Convention 169 and the Implementation of the Peace Accords in Guatemala Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (17-18).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Author Victor D. Montejo Abstract Note Mayan groups in Guatemala have recognized Convention 169 as an important tool in negotiating peace with the government. Pages 17-18 http://saiic.nativeweb.org/ayn/files/original/dee6551c33d86477a285e5a79bd87530 5747e55fe5ca727df1595eafe2e7600f Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (20).pdf PDF Text Text S E l F DETERMINATION A N D TERRITORY- - - - - - the canal. This base has long been abandoned, but the region has been of interest to archeologists interested in colonial history, and some speculators who have tried to follow up rumors of mineral resources. ill ill he proposed establishment of a naval military base in Indigenous territory, with the purpose of combating international drug traffic, has provoked a heated debate in Kuna and Panamanian public opinion since mid1996. The original proposal was for construction of a base in Puerto Escoces, a site of historic importance to the Kuna, where they first opposed colonizing efforts by Scottish settlers, and where the United States had built a naval base during World War II, ostensibly in defense of ,, 1 '·' 'h I Although the Panamanian government claims that Puerto Escoces is "uninhabited," the bay is owned and used by nearby Kunas, who cultivate their crops along the rivers, fish and hunt as well as gather wild provisions. The natural beauties of the area are described as a "paradise" of crystalline waters and verdant vegetation. In response to the proposal to take over this area, first presented in early 1996, local Kuna demanded an environmental impact study, negotiations with binding agreements, and payment for confiscated lands. These demands were met by blunt refusals from the government, who expressed indignation that Indigenous people would try to be involved in negotiations or indemnifications. human rights groups and the Kuna Women's Federation, have spoken out in support of the General Congress decision. Of special interest in this dispute is the role of the U.S. Ambassador in the debates concerning the base. The U.S government had reportedly agreed to finance the building of the facility (many believe it was their idea, in light of the closing of U.S. bases around the canal), through Kuna authorities have never been told the exact arrangements or the dollar amount pledged. When the Kuna were having trouble getting Panama to negotiate, a group of Kuna leaders went directly to the Ambassador and presented their case. The Ambassador said that he didn't want to get involved in internal matters, but if the Kunas persisted in opposing the base, the U.S. would take their money elsewhere. Since the first proposal, the Kuna, who have a long reputation as staunch defenders of their autonomy, their lands and of environmental preservation, have mobilized resistance. Despite numerous attempts to divide the communities and leaders, attempts which included threats, blackmail, and offers of special privileges to some leaders, the Kuna General Congress established a commission to study the issue. In June 1997, the Kuna General Congress decided unanimously to oppose the military base at Puerto Escoces, located deep in Kuna territory, suggesting instead the port of Obaldia on the border with Columbia. The border itself, they argue, is the place for such activities, and is already disturbed by the nearby warfare between Colombian forces and guerrilla groups, as well as narcotics traffickers. Puerto Obaldia is already a refuge for many impoverished Colombians fleeing from the violence in the region. Various groups, ranging from the Catholic missionaries in Kuna Yala, ( This article has been revised, edited and altered from the original by Atencio Lopez, a Kuna lawyer and President of the Kuna organization, Napguana.) I ·I At this point the Panamanians stepped up their campaign of intimidation and subterfuge, even producing a phony "Accord" which they claimed had already been signed by local community leaders. Those who opposed the base were publicly branded "narcotraficantes and their allies." In the words of Kuna spokesperson, Atencio Lopez, "there has been a resurgence of standard myths about 'national security,' of 'economic development of the Indigenous people through military industry,' of 'the laziness of the Indigenous people as synonymous with Third World underdevelopment,' and other barbarities." As Lopez says, the disputed land is Kuna land, "so we must be the ones who preserve nature in the place that has been converted to another 'blood-stained land' ( from which comes the name ABYA YALA, or blood-stained continent.) The agitation and debate on this issue have "placed in danger the political, administrative and territorial autonomy of the Comarca Kuna Yala, the most ancient and distinguished Indigenous autonomy in the New World. With this move the Kuna have demonstrated once again their political capability, because in spite of everything they have brought a halt to a project of great scope promoted by the governments of Panama and the United States, of which we can only with difficulty predict the benefits or problems for the Kunas' future." ill · Abya Yala News I 20 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Negotiations on a Naval Base in Kuna Territory: Panama Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Negotiations on a Naval Base in Kuna Territory: Panama Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (20).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note The Kuna and Panamanian government have come into conflict over a proposed naval base on Kuna land to fight drug trafficking. Pages 20 http://saiic.nativeweb.org/ayn/files/original/df21f56fa8dfce102cc6c4b49cec1d57 e54ca3fcdd6e63c82ad57dd4ba471313 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (21).pdf PDF Text Text SELF DETERMINATION ~=--~"'---~~~- I tion confirmed, Ecuador's marginalized would no longer countenance exclusionary elite politics. Earlier this year, a massive popular demonstration on February 5 forced the impeachment of former-President Abdala Bucaram and demanded fundamental changes to the workings of the Ecuadorian state. Central to the February "Popular Mandate" was the call for a National Constituent Assembly charged with re-writing the Ecuadorian Constitution. In late July, however, President Alarcon together with conservative congressmen decreed that the National Constituent Assembly must be postponed for another year. rriba, abajo, el pueblo, carajo! Izquierda, dercha, el gobierno a la mierda!" (March chant, Quito, August 12, 1997). At dawn on August 11, 1997, thousands of Indigenous and campesino woman and men dug ditches and hauled trees across Ecuador's major roads. The coordinated uprising halted transport for 48 hours and sent a forceful message to President Fabian Alarcon of the power of popular conviction. Demonstrators felt ridiculed by recent state decisions that scorned their interests. As the paralyza- Indigenous and peasant groups rejected the audacity of such a state edict. Through unprecedented popular support, the February "Mandate" asserted citizens' rights to condemn corrupt rule. The August 1997 protest further substantiated that right and denounced the government's contempt for the February popular fiat. As the president of CONAIE (Confederacion de N acionalidades Indigenas del Ecuador), Antonio Vargas, noted Indian and peasant organizations were the only representative bodies capable "of generating true democratic debate"; no political regime could dismiss this authority August's road blocks interrupted commerce and travel throughout the country The military's presence was strong, leading to sporadic confrontations. In Azuay Province, an angry trucker ran a blockade injuring three protesters. On the principle highway north of Quito, soldiers intimidated protesters and repeatedly shot tear-gas into demonstrating crowds. Despite considerable risk, a group of peasant women explained that they were fighting against "the economic measures that made life only more and more difficult": rising commodity and health care costs, inflationary credit, soaring rural debt. "Only like this, united together," one woman interjected "can we move forward." The presence of a huge CONAIE banner intimated deeper meaning of this campesina's words: "united together" as Indians and peasants, protesters could hold their ground. Indeed, a growing indigenous-peasant coalition throughout the 1990's proved the effectiveness of Vol. 10 No.4 A N D TERRITORY popular resistance. Conservative politicians characterized the August mobilization as "violent" and "destructive." Popular leaders insisted, however, that the paralyzation was the only means at their disposal for confronting "an antidemocratic, exclusionary; and authoritarian" regime. Like earlier Indigenous uprisings in Ecuador this decade~ May 1990 (5 days) and June 1994 (10 days)- the August 1997 protest challenged neo-liberal economic reforms. In addition to the Constituent Assembly, the paralyzation demanded the congressional ratification of ILO Convention 169 and denounced government plans to privatize the peasant social security agency and areas deemed economically strategic for the functioning of the state: telephones, electricity, and the state petroleum industry In particular, the August mobilization sought to further a long-standing struggle to construct a new democratic order in Ecuador. On August 12th, 500 demonstrators in Quito staged a wake and funeral procession for the February 1997 "Popular Mandate." Solemnly clothed men bearing a massive casket lead the procession through city streets. Behind them followed chanting protesters carrying banners and brilliantly colored wreathes. Protesters' mock mourning symbolized their repudiation of the government's decree to defer the National Constituent Assembly; the funereal rite gave witness to this "betrayal"~ the figurative killing of the Constituent Assembly Ending their procession outside the National Congress, protesters set the Popular Mandate casket ablaze. "So burn the stratagems of an antiquated political class," bellowed an Indian leader: "so burn attempts to scorn the Popular Mandate. Let us seize this opportunity to construct a new democracy" Many obstacles still threaten such efforts. As Luis Macas, an Indigenous congressman and former CONAIE president, observed, little has changed since Abdala Bucaram's ousting; "elite leaders continue to deceive the citizens and exacerbate economic misery" A new Constituent Assembly is slated for December 1997. ~ For further information please contact: Susana Sawyer, smsawyer@ucdavis.edu, or Antonio Vargas, President of CONAIE, conaie@ecunex. ec 21 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Indian-Peasant Protest for a New Democratic Order: Ecuador Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Indian-Peasant Protest for a New Democratic Order: Ecuador Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (21).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note The postponement of a National Constituent Assembly by the Ecuadorian government has elicited massive demonstrations from indigenous and campesino groups. Pages 21 http://saiic.nativeweb.org/ayn/files/original/50465726ca2e5b945051ac286d8e8d3d a94cddbeb496cf3d9559a48e6cfc0583 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (22-24).pdf PDF Text Text B YA Y A l A --------~----------------------------------------------------0 F DAUGHTERS I that they can influence the public sphere and licia Canaviri, Aymara, is a obtain positions of power to better protect social worker and community their culture and their rights. Alicia told us organizer. about the necessity of CDIMA's work when She is the general coordinator of the Center for Aymara she was in Oakland this summer. Women's Develop (CDIMA) in La Paz, Bolivia. CDIMA works to help Aymara communities, especially women and young people, overcome discrimination and poverty by providing training and educational workshops. CDIMA rose out of the severe social, economic, political and cultural crisis facing Indigenous women, who were suffering discrimination and exploitation by the system for being women, for being poor and for being members of an oppressed people. As Indigenous women they were seeing the price l of their products fall, and their work undervalued, underpaid and unrecognized. The 'I' fact that there are no laws to protect 'I Indigenous women's work is a grave injustice, which Alicia would like to remedy. CDIMA develops programs to empower and educate Indigenous women and youths, the most marginalized sectors of Bolivian society, so How is neoliberal globalization affecting Indigenous communities in Bolivia, and how are you, as an Indigenous woman and a founder of CDIMA (Aymara Women's Development Center), trying to empower Aymara women and young people to be able to face this new ideology of economic development? It is true that this situation is affecting all Aymaras and certainly all Indigenous people in Latin America. I will speak about this neoliberalism in respect to how it affects Indigenous women. In Bolivia, the systemic problems are very serious. We suffer exploitation, oppression, the marginalization of women, especially Indigenous women. A woman who doesn't know how to read or write is scorned. In order to attend school, one needs to know the Spanish language. Therefore, when I was ten years old, I learned to speak Spanish because 1 had to. If I only spoke the Aymara language, I would be severely discriminated against in this society And my fate was already decided because I was an Indigenous woman who wore a comisa de pollera y una chompa de obeta (traditional clothing) and therefore I wasn't worth anything. I automatically didn't matter. It hasn't changed. It is an experience that I've had all of my life, not only when I was young or when I was in school. When Indigenous women begin to look for work, they are never treated equally with other women and even less so with men. There is a triple discrimination against an Indigenous woman: for being a woman, for being Indigenous and for being poor. I and my Indigenous sisters in Bolivia and across Latin America have suffered this every day of our lives. For this reason, CDIMA, a group of Aymara women was born. We organized ourselves for the purpose of educating ourselves and empowering ourselves to defend our culture and our language. Our language was used as the means to achieve our goals of defending the thoughts and ideas of our people. We began to work initially on a voluntary basis to fight against marginalization, exploitation, and the different forms of oppression against the Aymara woman. We began to work with the local women's organizations in different rural communities. Women in these small communities have no opportunities to enter the public sphere, and are not encouraged to make any effort to do so. We met many women who had previously received certain kinds of training for women to make them good housewives. They had been taught little manual skills, how to cook, how to take care of their children, all in Western style. When we began our work this was the only type of training available for women. Continue on page 23 --------- ------------------------------------------------ 22 Abya Yala News �DAUGHTERS We confront this situation by offering another kind of training. We taught them to analyze their situations in their communities: What role do women play at the local level, within their own communities? What role do Aymara woman play in the power structure at a national level? All this internal analysis has affected the women in the communities and shown them that they are marginalized. Once women began to question their positions in the community and beyond, they began reacting against this marginalization and discrimination. Aymara women are confident that they as women can do important activities to benefit the entire community CDIMA does not work only with the women. We also work to educate the men and raise their consciousness. In the past, everyone only worked with the women, but in order to really change the situation we need to work with the men also. The women began to invite their husbands to our meetings and the men began to come and we began to work together. This has been successful in many communities. Women and men both participating is a positive step, because it is crucial for both Indigenous men and women to work together in the struggle to control our communities. What type of training did you give the women? Can you give us some examples? Initially, we had women leaders discuss their experiences: the history of Indigenous villages, the participation of Indigenous women, all of this. This work proved to be very worthwhile. Then, we began to work at organizing from the base level. And during the different courses and activities that we did, the women selected those people who had the potential to be leaders in their communities. Out of the 8 communities, 40 women were chosen. We worked with these 40 women in intensive courses to train them to be leaders. The first thing that we taught these potential leaders was to lose their fear. The women were scared of speaking in front of people, so we worked with them on public speaking because most Indigenous wDmen are not accustomed Vol. 10 No.4 0 F B YA YA to it. The three steps of the courses are to identify their fear, then work on selfesteem and confidence raising to help them overcome their fears, then to apply this new confidence to their relationships. These three things are fundamental in order for a woman to become empowered as an individual within her community This is one of the goals of our work. The 40 women who participated in these intensive workshops learned how to overcome their fear of speaking in public, and more importantly they learned to speak their minds freely without fear. working with young people. As I said initially, we work mainly with the two most marginalized sectors of the society, women and youth. We have seen in Bolivian society that these two sectors are completely forgotten by the central government. The youth in our country are managed, governed as a minority, as dependents. And what we want is a space for this minority in the power structure, at the national and international level. In the first place, we believe that Indigenous people should govern themselves, and be represented in the Parliament of Bolivia. These first 40 women are now liberated, empowered, and organized to defend and fight for the rights of the Aymara woman. Our organization is dedicated to providing training and educational opportunities to all Aymara women. It is fundamental that the women are trained to occupy important positions. If they are not trained, they will never break into the system. It has been very important to train the adult women, because they act as mentors in the society Therefore we work with the women who educate the children, and with the youth, because they are the future of the country and the future of the Aymara people. We have taken on this marginalized sector of society, because it is here that the great potential for our people lays. Another objective of CDIMA is to work in conjunction with other Indigenous organizations, not only Aymara organizations, but with all types of organizations at the national level. There is a relationship between Aymaras and Quechuas, and between Indigenous women's organizations. This exchange with other organizations helps our Aymara people think about their actual situation and question it and compare it to the situations in other Latin American countries with relation to globalization. Together we investigate the economic problems being created in these countries and the destruction of the environment. In our villages, many times we don't know in advance what the results will be when big companies bring in equipment to cut down the forest. For example, many forests disappeared without the Indigenous people being aware of what was going on. But through organizing and becoming educated, we can defend our rights and the land. l A We did a diagnostic on the young people's situation within the communities. We went to their villages and met with them, because we believe that the youth are people too. In Aymara when a person is of a certain age and is not married, he is not considered a person and we call him "eljaque". We have seen that because of this stigmatization, the young people marry and are required to take on a position without any knowledge or experience and are easily manipulated by the different political parties. This is why it is extremely necessary that we need to train this sector. Initially, when we went to the communities, the young people (13, 14, or 15 year-olds) would run away from us. This forced us to adapt our methodology of work. We would bring balls and play in the fields and after some games we would have a little break in which we would ask them what role they (the youth) play in the community You also educate and train the Aymara young people so that they will be able to defend their Indigenous heritage. What kind of programs do you have for these youth whom you are helping learn how to defend themselves? We saw that the youth were being neglected. And so we met with the authorities and the fathers of the families to ask them what are they doing to benefit the young people, so that they are able to be productive women and men in the future. The youth are seen as children, CDIMA has had a lot of experience and not as people who have roles in the ____________ C_on_t_in_u_e~on. page ?-i__ __ 23 �A By A Y ALA DAUGHTERS 0 F ------------------------------------------------community We discussed with the communities what happens when our young people grow up without receiving any education or training. We began organizing traditional music and dance classes for the young people of the communities. We are also teaching them our stories. Right now, we are organizing a competition in the stories of our Aymara ancestors. The young people who know the ancestral traditions and tell the story best will win a prize. We want to educate the youth in what our stories and traditions mean. Through these classes we help them to learn who they are and to identify with the land, because without knowing who they are they will lose their identity And if before they liked Western music, now they like our own traditional music. For example, one of the young people came to one of the classes and listened to the traditional music. He said "This music is different. I feel something for this music, it attracts me, I don't know, in my body something else happens. And before when I listened, I didn't feel anything. But now, I don't know, it makes me sad, it makes me melancholy" It is experiences like this that prove that we have succeeded is helping the young people feel that our music is their own. One of our greatest achievements is that our young people identify as children of Aymaras and as Aymaras. We are proud that they take Aymara as their own identity One of our objectives is that the young people who enter into high schools and universities and other jobs remain Aymara. We also want the youth to learn about their rights as Indigenous people and to form concrete ideas about their future as Indigenous people. In the communities where we work, we actually have around 30 young people that are creating their own proposal, calling for popular participation as a base for local power. This proposal will truly defend our rights and help us to defend against the outside influence of globalization. If we don't educate our children, they will be manipulated by other people. In our communities, it is necessary to defend against all of the types of exploitation that exist. We need to defend ourselves with knowledge, through information and training. If this does not happen, Indigenous people are going to continue to be manipulated, to be exploited, and to suffer as a result of this neoliberal system. The youth, women, and men are now creating their own ideas about development from their own communities without losing their identity, without losing their traditions, without losing their language. One of the biggest obstacles in the present system is that Aymara youth have no opportunities to become professionals. They remain in their communities or they go to the big cities to be day laborers, to be white peoples' assistants, to be porters or simply to be drunkards. This is the life of Indigenous young people in the cities. And what we want to do is train the youth so that they will grow up to be great men and women and play an important role in the cities and in their communities. Because of our work, the young people think differently now. They want to be professionals. They are eager to be trained. They have a better education and greater self-esteem and can there- A fore enter into positions of L power. Of course, in relation E to the population, this is a N small group of young peo., ple; between those trained D and those in training, there A are around 369 young peo- R ple. We want at least 50% of I these young people to 0 become professionals. And if they aren't professionals, then we hope that the majority hold important positions within different spheres, as directors, as leaders. We also hope that when they obtain an important position within the public sphere, they won't be used and manipulated by political parties, but will be true to their own personality which is Indigenous. c . Our major goal is that in 10 years we want to see our Aymara young people trained as professionals and to see them in Parliament. There are possibilities through new laws that have been implemented in Bolivia. If they achieve this, their goals are realized at the public level and they are in the power structure and can work for their people and for their nation. One of our biggest objectives is that at least 10 young people, after 10 years will have entered the governing body For us, for CDIMA, this would be a great success. And if there are more, that would be even better. They can set an example for the other youth in the community And I believe that this is a realistic goal because the 30 young people with whom we are working now, are beginning to work with confidence. What advice would you like to give to the Indigenous movement and to Indigenous young people in particular? I would like to tell the youth that in the first place we need to think about what is happening with our people. What is our place within the society and what is happening in our countries with the young people? What do our governments say about the youth? And by responding to these questions, maybe we can escape the situation in which Indigenous young people are currently The young people will allow us to move forward with our A y M A R AA c T u A L initiatives and the initiatives of our ancestors. Therefore what I want to say is that we have to continue the struggle. We can't leave our culture. As Indigenous people we have to face the situation and move forward, making sure that our people are respected, that our rights are respected, and that the youth are educated and trained. Because, with training, it is possible for them to achieve everything that they desire. If we don't have training, if we don't have better information and education we won't be able to move forward. This is the most important thing that I have observed. When the youth are informed and understand what is happening around them, then they can reflect on it and propose their ideas about overcoming the problems of their people. ~ f' I 24 Abya Yala News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Alicia Canaviri talks to SAIIC about Women... Young People and Globalization in the Indigenous communities of Bolivia Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title Alicia Canaviri talks to SAIIC about Women... Young People and Globalization in the Indigenous communities of Bolivia Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (22-24).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Abstract Note Alicia Canaviri talks about teaching and training indigenous women and youth in professional development. Pages 22-24 http://saiic.nativeweb.org/ayn/files/original/5b8253b6274d1ef777e3d7bae4e07a6e b0bc002e4826f3800129a913b886002b Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, no. 4 (25-29).pdf PDF Text Text ENVIRONMENT THIS ARTICLE HAS BEEN REVISED, EDITED AND UPDATED. "Of what use is the electric light if this light comes to illuminate the death of a community?" -from a public declaration by the Council of Indigenous leaders of Chiloe (Consejo General de Caciques Chiloe) eated debates continue over Endesa's, Chile's largest and most powerful electric company, plan to construct the Ralco dam on the upper Biobio river. The Ralco project is part of the megacorporation's "Serie Hidraulica del Biobfo" composed of seven interdependent hydroelectric power plants designed in a step like fashion being built in the Alto Biobio, home of 7 Pehuenche communities. The "Pehuenche," whose name means the people of the land (Pehuen = nature, soil and Che = people), have been living Vol. 10 No.4 in the mountainous region of the Andes for centuries. Gradually exterminated through the 19th century by the conflicts between the governments of Argentina and Chile due to the "opposition to the. established borders," the Pehuenche were forced off their ancient lands and concentrated themselves around the Biobio region, next to the river of the same name. Today, only about 10,000 Pehuenches live in the rugged territory along the upper reaches of the Biobio. They are the survivors of armed attacks by colonial powers and Chile's own military, as well as decades of assimilationist legislation. They are now confronting the overwhelmingly powerful Endesa, Chile's utilities giant. The Biobio river, and its watershed area, is unquestionably both culturally and ecologically one of Chile's most important bioregions. The Biobio originates in the lakes of !calma and Galletue high in the Andes and runs all the way to the sea. Over 400 km long, it contains an estimated 15,000 waterways. Its' course is divided into two sections: the "Alto Biobio", which takes an intricate path through the steep parts of the mountainous region of the Andes, and the "Bajo Biobio," which runs through the central valley, is wider and contains a larger body of water than the Alto. The Bajo Biobio however, is heavily polluted by industrial waste, timber, petro-chemicals, fisheries, and the untreated waters of over a hundred villages and cities. The area of the gulf of Arauco, transformed into a sewage disposal, has been considered by the state and international environmentalist groups to be a "Natural Catastrophe The author has studied environmental issues, and is currently getting a graduate degree in Environmental Science in Berlin, Germany. He has spent an extensive amount of time with Pehuenche communities in the Alto Biobio, and has been actively involved with the GABB (Group of Action for the Biobio) engaging in debates with the government and with national community over the implications and impacts of the projects proposed by the Endesa (National Electric Corporation) in the upper Biobio. Currently he is working in Berlin, carrying out debates and writing articles on this issue. Continue on page 26 25 �ENVIRONMEI'IT Zone." One million people depend upon the water of the Biobio and almost 500,000 drink directly out of it. The Mega Hydroelectric complex will threaten the health and livelihoods of the hundreds of thousands who rely on the river. The Origins of the Biobio river Projects Since the 1973 military coup, liberal market economic models have been implemented with emphasis on the privatization of nationally owned enterprises and the extraction of natural resources for exportation. In this new environment, some groups started to rise as the "upper class" who gained and established their economic influence over the whole Chilean economy, concentrating on such activities as the communication, mining, forestry, construction, and energy industries. Along with this process, a larger portion of the population was becoming the "lower class," increasingly migrating to the nations cities from the rural regions of the country. With this new economic environment, the energy sector became a priority for the government, which began to make huge investments in the construction of hydroelectric power plants. However with the current rate of investment, the natural resources necessary for the hydroelectric industry will be depleted by the year 2020. The section of the Biobio slated for the projects has been one of the regions that has contributed the most to the national economy through its natural resources, though paradoxically it has the second highest rate of poverty in the country, accounting for 50% of the country's poor. 1,' il ,, .,, When Endesa finished its privatization process in 1988 (under Pinochet's dictatorship), most of its share holders consisted of armed forces personnel and the upper class. According to a state official, the operations caused losses to the country estimated at around one thousand million dollars, and debts to the country of about six hundred million dollars. The mega-corporation is currently concentrating on Enersis (Electric Group), the second most economically powerful group in Chile, which in turn controls Chilectra, one of the biggest distributors of electricity for Chile. The director of Enersis, Jose Yuraszeck I 26 Troncoso, is also the president of Endesa and of Pangue S.A. creating in this fashion the monopoly of the enterprise that controls 87% of the electricity of Chile, which furthermore owns the entire electric network of the country (Sistema Interconectado Central, SIC). The Pangue Power Plant At the end of 1989, Endesa created affiliates to look a little less threatening within the electric industry. Pangue S.A. Since 1950, Endesa has studied the Biobio river, slowly amassing studies and reports to aid them in building an argu- is one of these "daughters of the company" which focuses on the materialization of hydroelectric power plants in the Alto Biobio. Endesa has envisioned a massive interconnected series of large scale hydroelectric plants and has been designing them since the 1960's. The seven projects combined will flood close to 26 thousand hectares of river, 35,000 hectares of native forest and displace close to 10,000 Indigenous people from the MapuchePehuenche communities. Decisions regarding the construction of the Ralco plant are not only made by Pangue S.A., but also by Endesa together with the Chilean government. These plans are being made without consulting the Chilean people, the regional communities, or the Pehuenche people who are most gravely affected by these megaprojects. ment supporting the idea that Chile could benefit from the creation of dams along the river. The energy generated by the projects would be consumed mostly by the cities of Valparaiso and Santiago, located about 500 km to the north, and Endesa is contemplating expanding their sales to Argentina. The first electric power plant is Pangue (followed by Ralco, Huequecura and Aguas Blancas, being studied are Quintraman, Ranquil, and Queuco) which floods over 500 hectares occupied (until a few month ago) by the Indigenous communities of Callaqui, Pitril and Quepuca-Ralco. They were forced to abandon their ancestral lands, which were uncompensated, and now have no direct access to the river or to the Araucaria Forest, where they have traditionally harvested fruit by this same name. According to Grupo de Accion por el Biobio (GABB), a Chilean NGO, what Pehuenche land was left along the shores Continue on page 2 7 Abya Yala News The Pangue plant, the first of the proposed series, was inaugurated March 6, 1997 in spite of the massive public outcry and controversy surrounding the legality of the project. �ENVIRONMENT of the Pangue reservoir, the artificial lake formed by trapping the water of the Biobio, is now in the hands of private real estate developers. The Pangue dam contains over 175 million square meters of water, with the capacity of generating 450 megawatts. The cost of the power plant is over US$ 4 70 million, part of which is being paid by Endesa (US$ 190 million). The rest of the funding came from international backing, such as a credit from the International Finance Corporation (IFC) and the World Bank good for US$ 150 million, and other loans from Switzerland and Norway, estimated at about US$ 35 million. The investment agreements contained provisions to protect the Pehuenche people and the environment of the area. The environmental destruction caused by the Pangue project are severe, and will likely be so for the Ralco project as well. With the irregular currents of water of the Biobio, the quality of the water content coming in and out of the dam is drastically altered. Damage is being done to the biome that is formed at the shores of the river, to the climate around it, and to the biological activities (micro and macro) that take place in this area. Six species of fish ( known only to this area) will be unable to adapt to the In November 1995, GABB (Grupo de new environment, and thus will be driven Accion por el Biobio) asked the World to extinction. Environmental Bank's independent inspection THE MOST panel to investigate their impact studies, independent charges that the IFC had failed from those done by Pangue SERIOUS S.A., show that 192 species of to live up to their agreement. SOCIAl flora are endangered, 86 After claiming immunity from species of birds, 24 mammals, IMPLICATION the inspection panel, the bank eventually agreed to evaluate 9 amphibians, and 8 reptiles will suffer negative ecological Of THE PANGUE the situation. Last year, impacts from this project. At POWER PlANT, University of Arizona anthropologist, Theodore Downing the same time, the process of AND THE submitted his critical report on alternately drying and flooding the proposed measures to aid the dam to create "tip energy" PROPOSED and resettle Pehuenche commuwill cause great erosive damRAlCO PLANT, nities, reproving the company age affecting the water ways of IS THE SlOW for the poor treatment the the lower regions, altering the amount of spring water availDESTRUCTION Pehuenches received during the able and the level of the water construction of the Pangue dam. OF THE channels used for transportaJay Hair, former head of the tion. The climate will also be World Conservation Union, PEHUENCHE completed a 379-page study on altered by both projects, with CULTURE IN increased humidity affecting the environmental and social everything from crops to soil violations caused by the dam's THE AlTO erosion. To make the fragile construction. Hair's study is said BIOBIO ecological picture further to declare that the environmenunstable, there are 5 volcanoes in the tal violations are even worse than those area. Three of these are active volcanoes alleged by GABB, whose original com(Callaquen, Lonquimay, and Compache), plaint sparked the investigation. one of them being only 10 km away from After perusing the two independent the Pangue power plant. The studies conducted by Pangue S.A. point towards the reports which investigated " IFC's perforconclusion that there is no danger mance and compliance with World Bank towards the electric plants, since these environmental and social standards," have been designed to withstand the World Bank President James Wolfensohn damage of an eruption. had chastised Endesa for taking " a less than constructive approach to its enviThe environmental effects of the Ralco ronmental and social obligations." Once plant are estimated to be equally devas- word spread that Wolfensohn had threattating. It is predicted that about 3,400 ened to publicly declare the company hectares of native forest will be flooded guilty of violating the investment agreenegatively impacting 45% of the fauna ments, Pangue S.A. quickly prepaid their IFC loans to avoid any implication in and 60% of the flora in the region. Vol. 10 No.4 their alleged violation of the social and environmental conditions of the loans. By paying back their loans they were absolving themselves of the responsibility to honor any stipulations they agreed to when borrowing money from the World Bank's private-sector affiliate and other European institutions. The company claims that it has switched to the German Dresder Bank because it prefers their lower interest rates. The most serious social implication of the Pangue Power plant, and the proposed Ralco plant, is the slow destruction of the Pehuenche culture in the Alto Biobio. The construction of roads for access to the power plants will allow for the entrance of logging industries into the few remaining native forests. The construction of bridges, electric cables, and wire fences (in order to "protect" the power plants) are responsible for the death of the already limited fauna and in some cases have even taken human lives. The massive immigration of workers into these lands is having a negative impact on the Pehuenche communities, as these workers do not respect the traditional social structure and laws established by the Pehuenche. The loss of access to the territories around the Biobio will limit their ability to harvest, to enter their sacred land to pray and to bury their dead, all of which have severe repercussions for Pehuenche culture and traditions. Particularly damaging is that the rivalry among the Pehuenche people to get jobs, or compensation for the damage caused by the power plant, is dividing their communities. Pangue S.A., however, has been pressured to make several compromises with the Pehuenche people. Among these are the hiring of 1200 Pehuenche people (as disposable workers), and more as need, until construction is complete and the workers are not needed anymore. Their other projects include an "Ecological Station" that will "revert" the ecological impact caused by the Pangue Dam, and the "Pehuen Foundation" which is in charged of improving the living standards and reinforcing the cultural heritage of the Pehuenche people. The Pehuen Foundation is made up of a board of directors composed of three representatives of the Pehuenche people and four representatives of the company The comContinue on page 28 27 �ENVIRONMENT pany chooses the three Pehuenche representatives, a number that is not representative of the number of people that are being affected by the construction of the On this matter, the lonkos dam. (caciques or Indigenous leaders) of this region have accused the Pehuen Foundation, along with the other programs created by Pangue S.A., of being the company's way of "bribing" the Pehuenche people. The main function of the Foundation has been to subsidize 60-80% of the purchase of all basic goods by the Pehuenche people in exchange for their signature, making them "partners" of the project. It is interesting to note that lists of signatures were presented to the International Finance Corporation (IFC) of the World Bank as "proof of the backing of the Pehuenche people" for the construction of the Pangue dam. Moreover, the Pehuenche Foundation does not recognize the existence of the Ralco project, which affects around 500 MapuchePehuenche people of the Quepuca-Ralco and Ralco-Lepoy region, as it floods over 5,597 hectare, stressing that the Ralco dam "has no financial backing from Pangue S.A." However such statements are false, as Pangue S.A. gives over 0.1% of the profits of Pangue (over US$ 120,000) each year, increasing that amount to 0.3% this year. The company has DEVELOPED developed a slogan: "represas o A SlOGAN: pobresa" ("dam or "REPRESAS 0 poverty"), inflicting the idea that POBRESA" without the dam there will not be POVERTY") any other economic opportunities for the Pehuenche people to raise their standard of living in the future. Despite its propaganda, the Pehuen Foundation does not have the Pehuenches' best interest at heart. Since its inception, its true goal has been to deceive and coerce them to relocate, with blatant disregard for the Pehuenches rights to stay on their land as granted under the recent Indigenous Law of the country. ----------------------------------- Communities long-standing Since 1989, the Pehuenche communities of the Biobio have expressed their rejection of the construction of dams in the Alto Biobio, giving public hearings on their opposition and visiting environmental, social, and regional organizations. Unfortunately their determined efforts have met with little success. The seven communities surrounding the Biobio area have been coordinating their efforts with the Action Group for the Biobio (GABB), an activist group that has been extremely vocal in fighting against the construction of the dams, studying and analyzing the damages caused by the projects, and calling for international support for the Indigenous communities and the biodiversity of the region. Their greatest achievement took place in September 1992, when GABB filed protection from damages caused by Pangue S.A., presenting a document with more than 3000 signatures. On june 22, 1993, the court delivered their decision in favor of making it illegal for Pangue S.A. to change the flow of the Biobio, to dry the Biobio, to use water discharges, or to flood an area. However, Pangue S.A. argued that it was difficult to stop the construction at that point given the promises and contracts that had already been established with the workers. The following day, Endesa presented its appeal to the Supreme Court of]ustice in Santiago, questioning the accuracy of the data that was presented by GABB. At the same time, Endesa together with the government, announced that it would raise the price of electricity if the Pangue project could not be completed. Two months later, the Supreme Court reverted the decision made earlier, arguing that at that point there was no way of telling what the consequences of the construction of the dam could be. Cultural Rights, as well as Article 1 of the Chilean Constitution. This time around they are using the Indigenous and Environmental Law along with their six years of experience to defend themselves. Their inevitable eviction from their territory, as well as Endesa's illegal occupation of their territory, is a violation of the Law of Indigenous Development of 1992. Nevertheless, the government of Eduardo Frei is ignoring the pleas of the Pehuenche people, who have already turned down the land offered to them as compensation for their relocation -land that had already been acquired by Pangue S.A. a long time before getting the permission from the government to begin the Ralco project. In August of 1995, the GABB presented a document signed by 300 Pehuenche people, expressing their opposition towards the construction of the Ralco dam and power plant, and demanding: (l) The recognition of their lands as stated in articles 13, and the right of the Indigenous people to participate in decisions affecting their living conditions stated in article 34 (2) The immediate departure of Endesa from the Quepuca-Ralco and Ralco-Lepoy communities. (3) That the Pehuen Foundation be entirely composed of a board of Pehuenche people elected from their own communities. (4) That all funding given by Pangue S.A. to the Pehuen Foundation be increased from 0.3% to 1%. The Communities of Qupuca Ralco, Cauoicu, Callaqui and Malla Malla presented a document expressing their opposition to the Ralco project and their frustration with the governments lack of attention, which begins with the statement "We have repeated many times that we do not want the Ralco dam and are opposed to its construction. We oppose the Ralco project because it will affect us all, as Pehuenche people of the upper Biobio ... we know that this problem, the With Pangue completed, Endesa is seven dams that they want to build, wormoving ahead with its plans for the sub- ries all of the Indigenous communities in sequent major hydroelectric project. the country. We don't want injustices Once again the Indigenous communities against our communities because if they are strongly opposed to this project, go ahead with their plans to make that whose consequences constitute a viola- lake, the great volcano in all its power tion of the The Economic, Social and will be angry and will erupt, to punish Continue on page 29 --------------------------------------------Abya Yala News 28 �ENVIRONMENT with fire and hot ash and to re balance the water, the river will not be calmed by (the piling up oD money The compensations that they are offering us we cannot accept -20 hectares, 80 sacks of flour- these will not sustain us through our lifetimes. It won't be enough for our children and they will suffer. We say to CO NAMA that we will not leave our lands, we will not be moved by Endesa with their offers of money because the land is ours, it is where we were born, where we grew up and now they offer us the El Barco property; far away from our home and we will not go. We are tired of repeating our demands and having nothing change. We, as the leaders of our communities of the Alto Biobio, are taking the initiative to make thing change because there is no justice in what is happening to us." Frei is openly siding with the industry giants in the Ralco battle. Mauricio Huenchulaf, the director of CONADI (the national commission on Indigenous development), stated that Ralco was in violation of the Indigenous Development Law of 1992, which was established to protect and promote Indigenous cultures and aid in their self-determined development. The law guarantees to ethnic communities the possession of their lands and authorizes CONADI to initiate legal proceedings to impede the destruction or exchange of these lands. For opposing the construction of Ralco and questioning its legality, Huenchulaf was dismissed from his post. CONADI's director had become an obstacle impeding the implementation of a political economy Frei's hard-line policies are becoming more apparent as the controversy continues. The Chilean government also seems to be looking for a subtle way to eliminate Domingo Namuncura, the new director of CONADI, because of his position on the issue. They are proceeding cautiously so as not to provoke the ire of public opinion. The Update Vivianne Blancot, the executive director of the National Commission on the Environment (CONAMA) has stated that the resettlement plan, by Endesa "is well done and assures that, in any circumstance, the Pehuenche communities will be better off in terms of quality of life Vol. 10 No.4 than they would be without the project." The lands that were given as compensation to the communities affected by Pangue were not of equal quality and in no way improved the living conditions of any Pehuenche family After a visit in early August to the El Barco property, the land Endesa is offering to the Mapuches who will be forced by Ralco to relocate, the CONADI director has declared the territory absolutely uninhabitable. Due to adverse climatic conditions, the scouting team couldn't even reach the property The fact that their vehicles got stuck, coupled with the amount of snow, gave them a taste of " the difficulties that the area would present for a normal life." use of alternative fuel sources, such as solar, geothermal and tidal energy, and through the creation of micro power plants that would generate enough electricity to satisfy local needs. The focus need to be on planning the use of energy; allocating it to were it is most needed, and emphasizing the protection of the environment. Of course, there are alternatives to the flooding, genocide of communities and destruction of the ecosystems that surrounds the Biobio. By using natural resources more efficiently; countries like Chile can continue to grow economically without relying on destructive technologies. Primary in this new approach to planning is educating a populous to understand the costs involved in the creation of dams, and a government that will be able to efficiently allocate resources and wisely control the generation, distribution and use of electricity For example, improving current energy combustion, electric engines and lighting, through the The development of the Pehuenche people does not depend upon the construction of the power plants around the Biobio, nor does the productivity of Chile have to rely on them for its economic growth. The Pehuenche people are not alone in this fight, as the IFC and the World Bank have funded projects that have violated Indigenous communities all around the world in the name of "development." Short term gains need to be weighed against the long term repercussions of such damaging projects. Chile would do well to research energy alternatives that take into account social as well as environmental diversity and sustainability , Using our resources in a sustainable way will help nations regain a lost balance. Part of that balance with nature will be the respect for the Pehuenche people and their culture thus giving the Pehuenche people the opportunity to live their lives, without losing their culture. One of the major achievements towards this balance is the creation of the Alternatives to Indigenous Law which has been in effect for over 2 years, and will hopefully Pangue and Ralco ensure that Indigenous communities will Pangue and now Ralco are glaring have the opportunity to live their lives example of the true social, environmen- with dignity and justice. The law grants tal, and economic costs of large-scale the Indigenous people an opportunity to hydroelectric dams. Their impacts can take an active role in the development of never be completely assessed before it is projects in and around their areas. Such too late. The human and enviprojects include agricultural ronmental costs of large dams BY USING NATURAL and grazing projects, and crafting. The never outweigh their reperRESOURCES MORE wood cussions: the blow to biodiPehuenche people can conEFFICIENTLY, tribute to the productivity of versity, the climate changes, the flooding that drowns the COUNTRIES LIKE the country; while generating income for themselves. land which is later stalked by CHILE CAN Ecotourism has been sugdroughts. If it is ever possible gested as another alternafor human beings to learn CONTINUE from the past, we should contive. Economist Michael TO GROW sider large dams, with the Nelson has pointed out that ECONOMICALLY damage they have caused in the future, areas surworldwide, as an obsolete WITHOUT RELYING rounding the Biobio could technology that development bring in over US$ 45 milON DESTRUCTIVE lion per year to the national banks should stop subsidizeconomy ing. TECHNOlOGIES. 29 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 10, No. 4 (Fall 1997) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource In Chile's Upper Biobio: the Battle Against the Ralco Hydroelectric Dam rages O as attacks on Pehuenche communities and the environment continue Type The nature or genre of the resource Newspaper Article Date A point or period of time associated with an event in the lifecycle of the resource Fall 1997 Language A language of the resource English Zotero Title In Chile's Upper Biobio: the Battle Against the Ralco Hydroelectric Dam rages O as attacks on Pehuenche communities and the environment continue Item Type Newspaper Article Attachment Title Vol. 10, no. 4 (25-29).pdf Attachment URL [No URL] Issue 4 Language English Publication Title Abya Yala News Volume 10 Author Dario Jana Abstract Note Indigenous communities along the Biobio River continue to protest its construction on the grounds of community displacement and ecological ramifications. Pages 25-29