Dear Editor,
The Amerindian Peoples Association (APA) has taken note of the recent sentiments expressed by Minister of Amerindian Affairs Ms. Pauline Sukhai where she explicitly stated that government lacks the authority to authorise any mining or logging on indigenous titled lands. On Thursday, May 4, during a press conference, Minister Sukhai said “government has no authority to provide permission to any outsiders…because the law is clear. The Amerindian Act makes the Village Council the body corporate, and they make the decision [whether to allow outsiders or not].” Additionally, Minister Sukhai said, “issuing a license [to mine or log] is not an approval [to mine or log].” These statements now reflect what can only be regarded as a change in the government’s practice as it relates to licensing of mining and logging activities on indigenous lands.
For years, indigenous communities have had to deal with miners and loggers just showing up with relevant legal permission issued by the GGMC and GFC and working on titled lands. We have now taken note of Minister Sukhai’s utterances and call on her to execute the mandate of her office and advise the cessation of all mining and logging activities where there are no explicit agreements with Village Councils. Immediately, two communities come to mind – Chinese Landing in Region 1 and Isseneru in Region 7. Those two communities received absolute titles from the State and have no agreements in place with the miners that continue to destroy their lands and affect their way of life.
The situation in Chinese Landing is so dire that villagers there are afraid to move about in their own community. They are prevented, by miners armed with guns, from accessing certain parts of their village lands. The Toshao of Chinese Landing who has been advocating for a resolution to the issue continues to be threatened, including physically. In Isseneru, waterways and the traditional ways of life is being affected by mining all while the Ministry of Amerindian Affairs and the National Toshaos Council (NTC) remain silent.
Editor, at Thursday’s press conference Minister Sukhai, while providing an update on Guyana’s participation at the recently concluded United Nations Permanent Forum on Indigenous Issues (UNPFII), boasted about the country being a leader in promoting the rights of indigenous peoples. She also praised the government for the creation of a Ministry to address indigenous issues but during that same press conference, Minister Sukhai refused to address the issues facing Chinese Landing and Isseneru residents.
A journalist from the Stabroek News pressed Minister Sukhai to explicitly outline what her Ministry has been doing to address the situation at Chinese Landing and Isseneru, but she refused to do so. Additionally, the APA has taken note of Minister Sukhai’s refusal to call for the implementation of the recommendations of the Inter-American Commission on Human Rights in the case of Isseneru and UNCERD’s recommendations in the case of Chinese Landing. Not only did the Minister refuse to address the issues but she directed the reporter to another ministry, effectively washing her hands clean of the issue. APA also observed the refusal of NTC Executive member, Toshao Melena Pollard, to also call on the government to implement IACHR’s and UN CERD recommendations to address the mining violations in Isseneru and Chinese Landing.
Editor, one can only now question whether the MoAA really cares about truly representing the indigenous peoples of Guyana and whether leading members of the NTC Executive are truly independent and capable of holding the government accountable. We have seen and heard the statements the government delegation, which included the NTC, made at the UNPFII where they marketed Guyana as a leader in the promotion of indigenous peoples’ rights. However, the situation on the ground speaks to the lack of free, prior and informed consent (FPIC) and non-representation. The APA recalls NTC Chair Toshao Derrick John promising to visit both Chinese Landing and Isseneru to investigate the rights violation, but we are yet to see him acting on that promise. We remind the NTC Chair that after promising to visit those communities, he told reporters that the NTC was too
preoccupied with heritage month celebrations to organize a team. We also note the failure of Minister Sukhai to visit those communities as well.
Editor, a team from the APA also participated in the UNPFII where our Policy Intern Rehanna Thomas delivered a statement highlighting the government’s violation of FPIC. The statement was well received by the participants at the Per-manent Forum. However, the NTC Chair countered the statement and provided the government with a glowing report card while adding that the NTC is the “legitimate” representative of indigenous peoples in Guyana. To be clear, the APA welcomes more representation of indigenous peoples’ rights in Guyana and indeed the NTC is the established entity under the Amerindian Act to make representation in the interest of our indigenous brothers and sisters but is not the sole authority on indigenous representation.
We ask the NTC Chair to tell us whether the plight of the Akawaios of Isseneru and the Caribs of Chinese Land-ing is an urgent matter for him as NTC Chair to be taking steps to address. The NTC Chair also spoke of widespread consultation and adherence to FPIC in the carbon credits deal. Editor, we encourage all right-thinking Guyanese to poll both the NTC and indigenous communities to determine their understanding of carbon credits and the carbon market. The results will show that the widespread consultation the NTC and government speaks of was not substantial to qualify as FPIC.
The upholding of indigenous rights is a sacrosanct pledge of all Toshaos, and this should not be taken lightly by no less than the NTC Chair. His comments on FPIC relating to the carbon deal is disappointing and show a complete lack of understanding of FPIC or a deliberate move to mislead the Guyanese public and the UN. We question whether the NTC Chair’s remarks are fully endorsed and approved by the Executive Committee since they seem to be at odds with the realities of Guyana’s indigenous peoples and the commitments he made when he was elected to the post. We wish to remind Chair-man John that just last December the APA and South Rupununi District Council (SRDC) engaged the NTC and indigenous leaders across the country in the development of a national consultation proposal for the revision of the Amerindian Act 2006.
We also remind him that the NTC had agreed to meet and discuss formally submitting this proposal to the government but never followed through with that despite the APA and its partners offering to provide support for the NTC Executive to meet and discuss this issue. Leaders expected the NTC, under Part IV, Section 41 (G) III of the current Amerindian Act 2006, to advise the minister on a consultation process for revising the AA 2006. This is still pending. We call on the NTC and Minister Sukhai to advocate for the adoption of the consultation proposal and speedy facilitation of the revision of the Amerindian Act 2006. We remind the Minister that she told the UNPFII that government is in the process of setting up systems for the revision of the Act but we are yet to see any substantial movement in that regard.
Sincerely,
Lakeram Bhagirat
Communications and Visibility
Officer
Amerindian Peoples Association
