Refusal to continue process for amendment of Amerindian Act is violation of the rights of Indigenous Peoples

Dear Editor,

Government’s refusal to continue the process of consultation aimed at culminating in amendment to the Amerindian Act is a violation of the rights of Guyana’s Indigenous Peoples.

The formal call for the Amerindian Act to be amended was made at an open forum of the National Toshaos’ Council conference.  The Indigenous leaders called on the Government of Guyana take steps to have the Act strengthened to adequately preserve and protect the rights of all Indigenous Guyanese citizens. The Granger Administration responded.  Consultations began.  Several cluster consultations were held in a number of Regions, touching tens of Indigenous Villages. The reports of those consultations are with the Permanent Secretary (P.S.) of the ministry. Millions of dollars have been spent in attending to the best interest of the Indigenous Peoples. The process was nearing completion.

Three national budgets (and supplementary budgets) from 2020 to 2022 without a cent being voted for the continuation of this important process tells the sordid story of a government which preaches one message and practices another.  The blatant refusal to honour the collective wish of the Indigenous Peoples of Guyana is nothing short of disrespect for our First Peoples. It disregards the right to self-determination and free prior and informed consent.

One may ask why pour money into Indigenous Villages and communities and not address the amendment to the Amerindian Act? How can a government exercise such generosity to citizens and not pay attention to a simple, transparent and open process which the same citizens have called for?  The answer is simple.  The government wants the votes of those citizens and is willing to invest large sums of taxpayers’ dollars in that regard.  However, the same government has no respect for those citizens and is contemptuous of their rights.

The recent announcement by the Minister of Amerindian Affairs regarding the holding of elections for the National Toshaos’ Council (NTC) executive is yet another example of continued violation of the rights of Indigenous Guyanese. The minister proposes regional elections.  This is not provided for anywhere in the law.  The minister cannot arbitrarily determine that a process which is ultra vires the law would be used to elect our leaders. 

The truth be told, however, this proposed method is being rushed for control purposes.  The minister dictatorially determines the rules of the process in order to achieve the outcome of her choice.  The Indigenous Peoples’ Commission (IPC) is soon to be reconstituted.  The minister is desirous of having certain predetermined names placed on the nomination list.  The NTC has the prerogative of nominating three persons to the IPC. Indigenous NGOs must nominate the other two persons.  The minister, having no influence or control over the Indigenous NGOs believes that she must be fully in charge of the NTC’s nominees.

The disrespect and disregard for the rights of Indigenous Peoples in Guyana is growing out of control and the Minister of Amerindian Affairs is solely responsible for this most unfortunate situation.

We must have NTC elections in accordance with the existing legal framework.  The Covid-19 situation is no longer a valid excuse for avoiding this issue.  There is enough evidence to prove that the government cares not about large gatherings as it relates to Covid-19.  The government-sponsored “Stink and Dutty” event and the Beenie Man concert are but two examples. 

Alternatively, the minister must move an amendment to the Amerindian Act in the National Assembly extending the life of the last elected executive body.  The responsibility for addressing this difficulty must be theirs. The minister and the government must respect the rights of Guyana’s Indigenous Peoples.

Yours faithfully,
Mervyn Williams