A United Nations rights committee is concerned at problems faced by Amerindian communities in obtaining land titles and has urged government to revise the Amerindian Act 2006 and other relevant laws with a view to ensuring that Amerindian rights to their lands, territories and resources are protected.
Activists have long called for revision of the Act and conflicts with miners over mining rights in recent times have seen a renewed push for the legislation to be amended. The former PPP/C government had indicated that it was not inclined to do so and described the legislation as one of the most progressive in the world.
In their elections campaign, however, APNU+AFC officials had pledged that the Act would be revised. The coalition’s leader and now president David Granger had pledged to resolve Amerindian land issues. He had pointed out that land is life to the indigenous people and said an APNU+AFC government will reestablish the indigenous lands commission and will re-examine all the claims for indigenous lands.
Recently, at the 56th session of the UN Committee on Economic, Social and Cultural Rights (CESCR) in Geneva, Switzerland, the matter was raised. The CESCR is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by States that have signed on to the Covenant.
In their concluding observations, the committee welcomed the adoption of the Act but expressed concern at its limits in recognizing and protecting the rights of indigenous peoples.
It expressed particular concern at the lack of recognition and protection of indigenous peoples’ customary systems of land tenure or customary laws pertaining to land and resource ownership and the lack of recognition of collective territories that are held jointly by several communities.
Concern was also expressed at the absence of clear criteria based on which Amerindian land title areas are determined as well as the limitation of indigenous communities with land titles to manage and control resources within its territories. In addition, the committee highlighted the lack of protection of the land rights of indigenous peoples who still lack a legal land title or are in the process of obtaining one.
It also expressed concern at the broad range of exceptions that allow mining and logging activities by external investors without free, prior and informed consent of the affected indigenous peoples as well as the absence of effective legal remedies by which indigenous peoples may seek and obtain restitution of their lands held by third parties.
“The Committee recommends that the State party revise the Amerindian Act 2006 and other relevant laws with a view to ensuring, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, that the Amerindian people’s rights to their lands, territories and resources are fully recognized and protected and that their free, prior and informed consent precedes the adoption of any legislation, policy and/or project affecting their lands or territories and other resources,” the report said.
It also recommended that Guyana consider the ratification of the ILO Convention 169 on Indigenous and Tribal Peoples.
“The Committee is concerned at problems faced by Amerindian people in getting their land titles granted, including delays in the process despite the statutory timeframe, and the lack of inspections by relevant authorities on illegal mining and loggings in the hinterland areas. It is also concerned at some recent court rulings that support mining activities without obtaining the free, prior and informed consent of the affected communities,” the report said.
The UN committee recommended that Guyana take appropriate measures to make the title granting process easily accessible for the Amerindian communities and more time efficient; strengthen the inspections of mining and logging activities in the hinterland areas, including through improving human and financial capacities of inspection bodies; and ensure that the interpretation and implementation of the Amerindian Act 2006 and other relevant laws takes into account the United Nations Declaration on the Rights of Indigenous Peoples.
The issue of indigenous land rights have been highlighted many times before. Recently, the indigenous villages of Tasserene and Kangaruma, located in Region Seven, expressed fear of eviction after mining blocks were given out on land in which the communities are situated.
There have been other similar cases. In 2013, the United Nations Committee on the Elimination of Racial Discrimination (UNCERD) expressed concern over mining on titled land in the Amerindian communities of Isseneru and Kako and asked government to provide information on the cases as well as to review the granting of permits and concessions without obtaining the prior and informed consent of the affected indigenous communities.
Currently, government, through the United Nations Development Programme (UNDP) is implementing the Amerindian Land Titling project.
The project encountered several challenges, and after being put on hold, is now being restarted though many indigenous communities have expressed dissatisfaction with the process.
