[E-rundbrief] Info 530 - Indigenous Peoples' Rights ignored
Matthias Reichl
info at begegnungszentrum.at
Di Apr 10 19:21:22 CEST 2007
E-Rundbrief - Info 530 - Julio Godoy (IPS):
Indigenous Peoples' Rights Ignored Again. The
Convention concerning Indigenous and Tribal
Peoples in Independent Countries, also known as
Convention 169, was proposed by the International
Labour Organisation (ILO) in June 1989.
Bad Ischl, 10.4.2007
Begegnungszentrum für aktive Gewaltlosigkeit
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RIGHTS: Indigenous Peoples' Rights Ignored Again
Julio Godoy
BERLIN, Apr 10 (IPS) - The rights of indigenous
people are given respect in speech after speech,
but few countries have signed up to an
international convention to protect those rights.
The Convention concerning Indigenous and Tribal
Peoples in Independent Countries, also known as
Convention 169, was proposed by the International
Labour Organisation (ILO) in June 1989. But the
convention has been ratified by only 18
countries, mostly developing nations from Latin America.
In Europe, only Norway, the Netherlands and Spain
have approved the convention. The German
Bundestag (parliament) debated the convention last week, and turned it down.
Most members of the German parliament agreed on
the need to protect the rights of indigenous
people. Indigenous peoples through their
experience and specific knowledge of nature
contribute in a particular way to cultural
diversity, Liberal member Karl Addicks said. We
Liberals expressly support the protection and
respect of indigenous people. But he went on to oppose the convention.
Green deputy Thilo Hoppe, who had proposed
approval of the ILO convention to the Bundestag,
said the debate was a shame particularly since
Rodolfo Stavenhagen, UN special rapporteur on
human rights and fundamental freedoms of
indigenous peoples, was attending the session as special guest.
Hoppe said the opposition to convention 169
derives from the fear that the protection of the
rights of indigenous peoples could constitute an
obstacle for German and other international
private companies operating in the regions inhabited by them.
Convention 169 calls for protection of natural
resources in areas inhabited by indigenous
peoples. Article 15, paragraph 1 of the
convention states: The rights of the peoples
concerned to the natural resources pertaining to
their lands shall be specially safeguarded. These
rights include the right of these peoples to
participate in the use, management and conservation of these resources.
Paragraph 2 of the same article states: In cases
in which the State retains the ownership of
mineral or sub-surface resources or rights to
other resources pertaining to lands, governments
shall establish or maintain procedures through
which they shall consult these peoples, with a
view to ascertaining whether and to what degree
their interests would be prejudiced, before
undertaking or permitting any programmes for the
exploration or exploitation of such resources pertaining to their lands.
In addition, the convention says the peoples
concerned shall wherever possible participate in
the benefits of such activities, and shall
receive fair compensation for any damages which
they may sustain as a result of such activities.
Convention 169 has been invoked by indigenous
peoples in several conflicts over exploitation of
natural resources like gold, gas and oil,
especially in Latin America. In Guatemala, the
rights the government gave to the Canadian firm
Glamis to exploit gold mines in a region
inhabited by Mayan peasants in the south-western
area San Marcos, has been a source of conflict since 2003.
Representatives of Indians say that the
Guatemalan government has approved convention
169, and is therefore obliged to protect natural
resources on Indians' land. The Guatemalan
government has ignored the Mayan Indians' pleas.
According to the ILO, most of the world's
estimated 350 million indigenous people are
marginalised in almost every aspect of daily life.
In a paper arguing the need to approve the
convention, the ILO says that with
globalisation, increasing population pressure on
their traditional lands and the increasing
pressure on natural resources, (indigenous
peoples) are faced with increasing poverty, ill health and discrimination.
In a report to the UN Human Rights Council in
Geneva last month, Stavenhagen said adoption of
new legal norms and the creation of a modern
institutional framework represent great progress
in the protection of indigenous peoples' rights.
But, he said, there is still an 'implementation
gap' between the norms and the practice, between
the formal recognition and the actual situation of indigenous peoples.
In Latin America, Stavenhagen told the council,
the gradual deterioration of the indigenous
habitat and the impact of extractive activities
on the environment and on indigenous peoples'
rights are matters of special concern, especially
in the Amazon, the northern border areas and the
Pacific coast. (END/IPS/EU/WD/LA/IP/DV/IF/EN/HD/IN/JG/ SS/07)
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