The Ministry of Amerindian Affairs says that the rapporteurs’ reports of the recent National Toshaos Council (NTC) Conference would discredit the statements by the Region 7 toshaos that attempts were made to silence them on issues affecting their communities.
The ministry, in a release through the Government Information Agency (GINA) on Friday, was responding to statements attributed to Region 7 toshaos in the media.
On the second day of the conference, the ministry said, the toshaos were given the opportunity to have a direct discussion with Minister of Natural Resources and the Environment Robert Persaud, including officials from the Guyana Geology and Mines Commission (GGMC) and the Guyana Forestry Commission (GFC), according to the report. At that particular session, the ministry said the toshaos from the Upper Mazaruni District dominated the floor with their questions and concerns, to which the minister adequately responded.
It said that it was, therefore, absurd for the Region 7 toshaos to claim otherwise, when they were also allowed to raise the same questions with President Donald Ramotar during the interactive sessions on day three and four. Toshaos were also advised, as has always been the case at each NTC annual meeting, to submit their issues and concerns in writing, it added.
With respect to the issue of tabling proposed resolutions for discussion and subsequent support by the general membership, the ministry explained that this was in keeping with the NTC Executive’s role. As a result, it said the tabling of the Draft Opt in Mechanism under the Low Carbon Development Strategy (LCDS) at the conference was in order. It added that a proposal to develop an Opt In Mechanism was raised in the May 2010 version of the LCDS and in 2011 an Opt In Concept Paper was considered by the Multi-Stakeholder Steering Committee. This initial document was presented to the NTC for review. The review process is still ongoing, the ministry said, adding that it should be clarified that the Draft Opt In mechanism document was distributed to village councils over the period of April to July 2012, with an advisory letter addressed to each toshao to convene village meetings to review the draft document and bring to the NTC 2012 meeting their comments and recommendations.
According to the ministry, moving forward with the LCDS, an important priority will be to now move to deeper discussion on the “Opt In” mechanism in the coming months.
The Opt In Mechanism presents an opportunity for those titled villages with forests to include their forests into the model and in so doing receive payments based on performance. This does not mean, however, that if villages choose not to Opt In they will not get benefits under the LCDS, the ministry noted, adding that Amerindians and all Guyanese will benefit from the projects under the LCDS. As with the LCDS process, the principle of free, prior and informed consent will apply to the Opt In Mechanism, it added. “We recognise that this is something very new, and there is still much work to be done,” it was quoted as saying, while adding that refining the Opt In mechanism is a work in progress that should benefit from the widest possible contribution to arrive at the final version.
Strict protection
The ministry further said that in relation to the statement on the issue of mining raised in the article, the Amerindian Act contains strict protection for Amerindian villages in relation to mining and builds on the existing mining law and should be harmonised within the context of the current existing mining law when addressing mining permission.
The State, acting through the GGMC, controls all mining activities. It is illegal to mine unless the miner has permission from the GGMC and it is the village council’s responsibility to invoke the legislative process outlined in Section 48 through to 52 of the Amerindian Act 2006 in arriving at a decision on whether permission to mine in village lands will be granted, it added.
Therefore, a village council must not allow mining in village lands unless the person has a proper permission from the GGMC, the ministry said.
The only exception to the rule, the ministry pointed out, is that the Amerindians have a traditional privilege to mine and may carry out artisanal mining without the permission of the GGMC. However, the villager exercising a traditional privilege must obtain the permission of the village council.
The ministry also sought to clarify the statement in the article purportedly made by the toshao of Kako Village, who stated that he was notified by the Ministry of Amerindian Affairs about approval given to a miner to conduct river mining in the Kako River. “This is far from the truth.
The [ministry’s] correspondence to the toshao simply sought to notify him of an Amerindian miner’s request to transport mining equipment through the Kako River and as such notification and his cooperation were being sought,” the ministry responded.
In relation to the issue of land extensions, the ministry affirmed that although the Amerindian Act allows for extension of village lands, the process by which extensions are granted is clearly defined in the Act. This process weighs heavily on evidence of occupancy and use of land, among other conditions of the Act, the ministry noted.
Enough consultations
It is also disappointing, the ministry said, to hear statements by the said leaders that villagers did not have enough consultations on the LCDS. “This is the same group of toshaos who over the last three years have repeatedly made such claims and yet have done nothing to remedy the situation despite the responsiveness of government,” it said, while also pointing to the aid provided in this area by two Amerindian NGOs – the National Amerindian Development foundation (NADF) and The Amerindian Action Movement of Guyana (TAAMOG).
According to the ministry, these leaders should take a page out of the book of the North Rupununi leaders, who have advanced their knowledge based on the LCDS and have proceeded to publish a booklet on climate change.
It said it is no secret that Amerindian villages are the initial beneficiaries of the LCDS funds, while arguing that this was validated by the recent signing of the agreement between the government and UNDP during the just concluded NTC meeting.
The agreement will see establishment of the Amerindian Development Fund, from which grants will be provided to Amerindian villages to fund their Community Development Projects.
As a result, the claims by the Upper Mazaruni toshaos that the LCDS will undermine their fundamental rights in relation to their land and resources are utterly unfounded as all villages and communities stand to benefit, the ministry argued. It added that not only will the Norway forest fund be used for economic projects in Amerindian villages but it will also provide for the implementation of the Land Titling and Demarcation Programme under a similar agreement.
Meanwhile, in response to claims by the toshaos that roads are being built close to their territory, the ministry stated that the decisions to construct roads in Amerindian villages or in proximity to Amerindian lands were in response to requests advanced by villagers.
It also maintained that the principle of Free Prior and Informed Consent is embodied in many of the processes of village governance, particularly when addressing issues pertaining to mining, logging and other commercial activities, the release said.
