The Guyana Government will meet the deadlines set by two international bodies as it relates to findings about the violations of the rights of indigenous communities in several parts of the country, a top official said.
Governance and Parliamentary Affairs Minister, Gail Teixeira yesterday told Stabroek News that the PPP/C administration will meet the deadlines and respond to the report of the Inter-American Commission on Human Rights (IACHR) on the violation of the rights of Isseneru villagers and the United Nations Committee on the Elimination of Racial Discrimination (UN CERD) report over rights violations related to the indigenous community of Chinese Landing and the Wapichan people.
Responding to queries from Stabroek News, Teixeira said “We shall meet both deadlines.”
Teixeira added that she could not comment on what measures the government will take as it would breach the UN and IACHR processes. The rules are that discussions require confidentiality.
However, she was quick to point out that her government is not to be blamed for not responding to requests made in 2017 and 2019. At that time, the APNU+AFC coalition government was in office.
The Government has until June 20 to respond to the IACHR and July 15 to provide answers to UN CERD.
Prime Minister Mark Phillips in the National Assembly last month also assured that the government will reply to the international bodies.
The IACHR found that the Government of Guyana is guilty of violating the rights of the Region Seven village and its villagers. The ruling was contained in a December 2021 report of the Commission following a case filed by the village and the Amerindian Peoples Association of Guyana back in September 2013.
The IACHR recommended that the Government of Guyana adopt the necessary measures to ensure that the village of Isseneru and its members receive “full reparations for the material and immaterial damages they suffered on the account of the violation of their human rights.”
Isseneru, an indigenous community consisting largely of people from the Akawaio nation, and the Amerindian Peoples Association approached the IACHR on September 5, 2013, arguing that the government had violated the rights of the community and its members to property, equality before the law, justice and a fair trial, to the protection of mothers and children, to the preservation of health and wellbeing, and to enjoy the benefits of culture. All of these rights were protected by several Articles of the America Declaration on the Rights and Duties of Man.
Meanwhile, Chinese Landing in Region One (Barima-Waini) and the Wapichan nation of South Rupununi had complained to CERD about a number of violations under the Amerindian Act of 2006. They had submitted that these violations are being perpetuated by both the government and miners who are granted permission to operate on titled, customary and sacred lands within their communities.
In its letter to the government, CERD highlighted that it considered the information received under its early warning and urgent action procedure, related to the situation of the Chinese Landing and the Wapichan indigenous peoples at its 106th session.
In the case of Chinese Landing, the community is contending that the government granted a medium-scale mining concession to W Vieira in its titled lands without consulting or seeking the consent of the community. Chinese Landing had informed UN CERD that there has been an increase in unwanted mining which poses a risk to its traditional way of life and its environment. It is further alleged that a High Court dismissal, without a hearing, of a claim filed by the Chinese Landing indigenous community against the Guyana Geology and Mines Commission and Mr W. Vieira concerning the mining concession has also resulted in an upsurge of incidents of intimidation and assaults on residents of the community, by miners and members of the Guyanese Police Force.
Dealing with the allegations from the Wapichan nation, the UN CERD said that it is related to mining projects on Marudi Mountain and its impact on Wapichan indigenous peoples. The letter stated that the Committee received, on 17 November 2021, information that the Government of Guyana concluded an agreement with the company Romanex Guyana, Aurous and the Rupununi Miners Association allowing for the expansion of mining activities at Marudi Mountain, without consulting and seeking the consent of the Wapichan indigenous peoples. It is alleged that the mining activities at Marudi Mountain, a sacred area for the Wapichan people and also critically important as several rivers originate in this zone, pose an imminent and grave threat to the cultural heritage and livelihood of the Wapichan indigenous peoples.
The UN CERD also reminded Guyana of its recommendations in 2006 and reiterated its concerns and recommendations contained in the letters sent on 17 May and 14 December 2018, under its early warning and urgent action procedure.
These include: Consider suspending or revoking the mining concessions that affect the lands, territories or resources of the Chinese Landing and the Wapichan indigenous peoples until Free, Prior and Informed Consent (FPIC) is granted by these indigenous peoples; refrain from approving projects and granting mining permits or concessions within the lands of indigenous peoples, whether titled or not; ensure that Indigenous Peoples have access to effective and prompt judicial and other remedies to seek protection for their rights; prevent and investigate incidents of threats and violence against residents of the Chinese Landing indigenous community by miners and by members of the Guyanese Police Force; incorporate the principle of FPIC consent in domestic legislation, including by amending the Amerindian Act of 2006, with indigenous peoples’ participation, and to fully and adequately guarantee the right to consultation of indigenous peoples; and Consider ratifying ILO Indigenous and Tribal Peoples Convention (No. 169).
