IWD2016 - Celebrating women: A champion for the rights of indigenous people

An encounter with an innovative technique known as participatory three-dimensional modelling was to prove a turning point in the life of a young tribeswoman from rural Chad. She now travels the globe to advocate for the rights of her own and other indigenous communities, and to press for their voice to be heard in negotiations about climate change, on which their futures depend.

Growing up as part of the M'bororo people – traditional semi-nomadic and nomadic herders living in Chad and neighbouring countries – nothing could have prepared Hindou Oumarou Ibrahim for the turn her life would take once she was introduced to participatory mapping. At the time, she was a young woman, working to gain recognition of her people's rights, and especially for access to the natural resources that are critical to their livelihoods.

Participatory three-dimensional modelling (P3DM), or participatory mapping, brings together traditional knowledge from local communities about their landscapes and ecosystems with data on physical features, such as land elevation and sea depth. The result is a scaled and geo-referenced three-dimensional (3D) model, which can be a powerful tool for knowledge building and communication, as well as for gaining recognition of local communities' rights to be involved in decision-making that affects their natural resources.

Hindou's introduction to P3DM came through the Indigenous Peoples of Africa Co-ordinating Committee (IPACC), a network of 150 indigenous peoples' organisations in 20 African countries. IPACC had been introduced to participatory mapping by CTA's P3DM expert, Giacomo Rambaldi, and supported in its use as a tool for gathering evidence for indigenous peoples' arguments in national and international negotiations.

A bitter conflict

Encouraged to learn about the practice through a P3DM exercise in Gabon, Hindou spent two weeks living with local pygmies and helping them to build a participatory 3D map of their jungle landscape. The pygmies had lost some of their hunting and fishing rights when a national park was created, and the mapping exercise succeeded in its goal of convincing the government that these indigenous people had a right to be consulted about decisions affecting their homeland.

Hindou was hooked.



"It was a long way away from my own community and very different, but I found the exercise exciting and interesting," said Hindou, who is Director of the Association des Femmes Peules Autochtones du Tchad (AFPAT) and IPACC's Executive Committee representative for the Congo Basin region. "It was the first time I had seen all the intergenerational people mobilised – women, youths, men and elders. I realised that if we did this in my own community, it could help resolve a great many issues."

That chance came in 2012, when, with CTA support, a mapping exercise involving Hindou's own M'bororo people was organised in the southern district of Baïbokoum, the scene of conflicts between nomadic herders and sedentary farmers. Increasing scarcity of natural resources, especially water reserves, was being exacerbated by climate change and population growth, and the bitter contention between the two groups was threatening to spiral out of control.

Hindou was closely involved in the P3DM event, organising the workshop that preceded it, which brought together herders, scientists, UNESCO and World Meteorological Organization representatives as well as government officials for the first time. Once again, participatory mapping proved to be a winning approach. The model-making process enabled all players to have an overview of the contested area, highlighting where the farmers had barred the routes used by herders to take their cattle to water and identifying a range of solutions that would be acceptable to all.

The mapping exercise showed that indigenous peoples could play an effective role in decision-making, from which they had always been excluded in the past. And it gave a new sense of self-confidence to all members of the community, especially women.

"We took the opportunity to increase the capacity of women to express themselves, showing men that the women had a voice and that their opinions were sometimes more valuable than those of men – and the men accepted this," said Hindou. "As a result, women had a greater say in community affairs."

Powerful traditional knowledge

At a personal level, the mapping exercise also proved an eye opener for Hindou herself.

"The impact on me was huge. This was my community, so I knew all the traditional knowledge, but it helped me to understand things that didn't belong to my own generation," she recalls. "It changed my life forever."

Hindou now uses P3DM in all her work, to illustrate the importance of conserving traditional knowledge, how to marry it with scientific knowledge and using both to combat climate change and protect the environment.

Although her roots are still firmly anchored in her community, Hindou has become used to travelling the world to make presentations and put the indigenous people's case to high-ranking officials in climate-change negotiations. For the past 10 years, she has been a regular participant at meetings of the UN Conference of the Parties (COP) to the UN Framework Convention on Climate Change. She is Co-Chair of the International Indigenous Peoples' Forum on Climate Change (IIPFCC), which represents the interests of indigenous peoples throughout the world and presents these at COP negotiations.

"Climate change is a massive problem for indigenous people because we depend on the environment. For any indigenous people, from any corner of the world, livelihoods are linked to natural resources, for our food and medicine, for everything, so if there are floods or droughts the impact is greater for us," she said. "Of course, it is highly unusual for someone of my background to be travelling the world and speaking at conferences and negotiating. But for me, it is important to change the life of my community. I know my people are proud of what I am doing and I can never give up my work. I want to help my community to adapt to climate change, and you cannot talk about climate change without talking about the rights of indigenous people."

Reposted from Spore with permission.

African Court issues historic ruling protecting rights of Kenya's Ogiek Community

In a recent decision the African Court on Human and Peoples' Rights has ruled that the Government of Kenya should "preserve the status quo ante" the orders of eviction of Ogiek community from their ancestral lands in Kenya's Mau Forest.

This is the first time the African Court, in operation since 2006, has intervened to protect the rights of an indigenous community.

‘The Government of Kenya must now fully respect the decision of the Court, which effectively bans land transactions in the Mau Forest Complex,' says Lucy Claridge, MRG's Head of Law.   ‘The court found that, if land transactions continue, there exists a situation of extreme gravity and urgency as well as a risk of irreparable harm to the Ogiek.'

The Mau Forest, one of the main water catchment areas in Kenya, is home to an estimated 15,000 Ogiek families who claim to be indigenous owners of the land. A minority group, the Ogiek have faced, since colonial times, consistent persecution and denial of their land rights, worsening over the last two decades.

Most recently, the Ogiek have been threatened with eviction from their homes in the Eastern Mau, without due consultation, under the guise of protecting the environment. The Ogiek maintain that the forest is most at risk from large-scale logging rather than their own sustainable and traditional practices.

In 2009, frustrated by the lack of progress through national policy and judicial processes, the Ogiek - through MRG, the Ogiek Peoples' Development Programme (OPDP) and Centre for Minority Rights (CEMIRIDE) - decided to file a case with the African Commission on Human and Peoples' Rights.

In 2012, the Commission referred the matter to the African Court, on the grounds that it evinced serious and mass human rights violations.

In its ruling, the court, based in Arusha, Tanzania, ordered the government of Kenya to halt parceling out land in the disputed forest area until the Court reaches a decision in the matter.

The African Court also ruled that the Kenyan government must refrain from taking any action which would harm the case, until it had reached a decision in the matter.  It reached this decision out of concern that the government's current actions violate the Ogiek's right to enjoyment of their cultural and traditional values, their right to property, as well as their right to economic, social and cultural development, all of which are enshrined in the African Charter on Human and Peoples Rights. Kenya is a signatory to the Charter.

‘For many years, the Ogiek have suffered displacement or been threatened with eviction from their ancestral lands, and action is urgently needed to protect their livelihoods, and indeed their survival as an indigenous community. This ruling from the African Court is a positive step towards realization of justice for the Ogiek,' says Daniel Kobei, OPDP's Executive Director.

Adapted from: Minority Rights Group International (MRG)

Additional resources:

• The Voice of the Ogiek (video)
• OPAT Atlas (Ogiek Peoples Ancestral Territory Atlas), in Kenya” by Julius Muchemi (ERMIS Africa www.ermisafrica.org ) and Albrecht Ehrensperger (University of Bern, Switzerland www.cde.unibe.ch).
  The OPAT Atlas demonstrates the utilization and results of Participatory GIS (PGIS) (results from a mix of Aerial Photograph aided mapping, Participatory 3D Modelling (P3DM), Topographic Map sheets, GPS Survey, etc ) in recording the rights and interests of an Indigenous Peoples living in a highly degraded forest ecosystem and a highly politicized efforts to (i) accord an indigenous people their ancestral rights and interests within Mau Forest Complex, and (ii) restoring a degraded forest of local, national and international importance.
• Participatory Spatial Information Management and Communication Training Kit

Chorotegas: Dignidad Indígena

El Pueblo Indígena Chorotega del norte de Nicaragua, reclama sus derechos a las tierras ancestrales y reivindican su cultura

Participatory 3D Modelling - Bwindi Impenetrable and Mgahinga Gorilla National Parks, Uganda

In 2009 a group of Batwa representatives from Uganda travelled to Ogiek communities in Kenya to learn about their situation and the different advocacy strategies they were using. One of these strategies was the use of Participatory 3-Dimensional Modelling (P3DM), which helped the Ogiek engage Kenyan agencies on their rights to their ancestral territory, the Mau Forest. The Batwa walked away from this visit impressed by the simplicity of the P3DM technique and hopeful of replicating it in their own context.

Two years later in June 2011, the Batwa, with support from the ARCUS Foundation, began their own three-dimensional modelling of their ancestral territory, Bwindi Impenetrable National Park.  More than 100 representatives from the Batwa communities surrounding Bwindi, including youth, elders, women and men attended the exercise over a three-week period.

Uganda's first Participatory Three-Dimensional Modelling Project was organised in 2011 in Kisoro by the Batwa, former hunter-gatherers who were evicted from two national parks 20 years ago.

More information:

1. http://goo.gl/2II2K
2. http://goo.gl/SlcKO
3. http://goo.gl/mMDjs
4. http://goo.gl/ZLExK
5. http://goo.gl/J0w7F

Jinchuan Chinese Investors Face and Angry Crowd of Protesters on Palawan Island (Philippines)

PUERTO PRINCESA, 11 November, 2011 - On 10 November, indigenous peoples and farmers led by people’s organizations such as ALDAW (Ancestral Domain/Land Watch) gathered in Brooke’s Point city proper to protest against the mining plans of the Jinchuan Group Ltd. The company has signed a memorandum of agreement with MacroAsia Corporation for joint investments in Palawan, estimated to reach $1 billion. The agreement was signed during President Benigno Aquino's recent state visit to China.

“While we are struggling to protect our ancestral domain from mining plundering, Pres. “Noynoy” is signing mining contracts with China.  This is all very disappointing and frustrating... in consideration of his previous statements claiming that no more mining enterprises should be allowed to operate in Palawan without the consent of local communities” said a representative of ALDAW (Ancestral Land/Domain Watch).

The 88 million tonnes of nickel ore that MacroAsia Corporation (MAC) aims at extracting lye underground in the middle of the Palawan ancestral domain.  The company intends to mine up to 1 million metric tons nickel ore a year from the untouched and magnificent tropical forest of Brooke’s Point Municipality, one of the best biodiversity hot spots in the country. Most of the extracted minerals will be exported to China.

China is the world's top producer of NPI, a low grade ferro-nickel with high iron content, and relies on imported laterite ores for NPI production. In the first seven months of 2011, the Philippines was China's second-largest supplier of nickel ore  (after Indonesia), used for the production of stainless steel,
Speaking at the “Kapihan sa Diamond Hotel,” last September, Chamber of Mines president Philip Romualdez revealed that at least four mining contracts involving nickel mining projects in Palawan and Zambales were signed during President Aquino’s recent visit to China.

Through these agreements, the Philippine Government aim at bringing in $14 billion in investments within the next five years, sacrificing, in turn, the livelihood of thousands of farmers and indigenous peoples.

On late September, MacroAsia vice-president for Mining Operations Ramon Santos made a public statement saying that he was hoping that NCIP permit would be out by October. However, Indigenous Peoples in Palawan are challenging MacroAsia latest attempt to mislead government officials and the public so it can gain access to mineral resources on indigenous ancestral lands (see previous IC coverage)

In reality, October has been a rather challenging month for MacroAsia, due to the massive consultations carried out by farmers and indigenous communities of Brookes’ Point that have clearly shown how the company has no widespread local consensus, as it allegedly claims to have obtained.  Moreover, the local Palawan communities are now in the process of preparing an Ancestral Domain Sustainable Development Protection Plan (ADSDPP) as required by the National Commission on Indigenous peoples (NCIP)   The plan will pose a challenge to endorsement of a certificate of precondition (CP) to MacroAsia by NCIP, as it will clearly demonstrate how the Palawan indigenous people, since time immemorial, has profitably and sustainably managed their forest.  As of now, this forest represents a source of livelihood and traditional sustenance for the tribes, as well as an indispensable source of potable water and irrigation for the lowland farmers.

While the ADSDPP process is moving forwards, indigenous communities, not only from Brooke’s Point but also from other municipalities, have been able to come up with a joint resolution dated 23 October and calling the Government for a serious implementation of the Indigenous Peoples Rights Act (IPRA law), for the cancellation of mining companies such as MacroAsia and Ipilan Nickel Corporation (INC) which are encroaching on the indigenous ancestral land, and for the non-endorsement of the Certificate of Precondition (CP) by NCIP to such companies.  At the same time, on 31 October legal affidavits signed by genuine indigenous representatives of Brooke’s Point Municipality have been notarized and filed against both LEBACH and MacroAsia companies.

In addition to the partnership between Jinchuan and MacroAsia, also the Oriental Peninsula Resources Group, Inc. (OPRG) has been able to secure investments for three projects involving hydropower, coal, and nickel off-take with Yun Feng, a Chinese company that owns and controls automotive companies and parts suppliers in China. OPRG is an holding firm which has 94% equity in Citynickel, another mining company which is presently devastating tropical forest in Pulot (Municipality of Espanola) and polluting precious waterways such as the Punang, Malanap and Pulot rivers. The local people complain that the mining road is causing their rice-fields to overflow and be filled with a mixture of sand and silt coming from the mining road.

Citinickel, instead, claims to have signed a Memorandum of Agreement, on June 13 2008, in the City of Puerto Princesa City. Allegedly, such memorandum defines the specific rights and obligations of each party in the mining area, including those of the local indigenous Tagbanua and Palawan communities. The accord was an offshoot of the May 27 decision of the National Commission on Indigenous Peoples to cancel a compliance certificate it earlier gave to Platinum Group Metals Corporation (PGMC) and re-issue a new one to Citinickel.

Indigenous advocate groups claim that the re-issuance should have been duly re-validated by the indigenous traditional representatives and by their communities’ members. The latter, instead, – until now – have little or no understanding of the company’s long-term plans.

In the Municipality of Brooke’s Point alone, almost 6,600 hectares of land are now being occupied by three major large-scale companies: Celestial Nickel Mining and Exploration Corporation (CNMEC) - currently being operated by Ipilan Nickel Corporation (INC), MacroAsia Corporation and LEBACH.  All these companies have already engaged in exploration work and are waiting for the necessary permits to start full-scale operations.

What you can do

While local indigenous communities in Palawan are now being faced with huge interests and pressures coming from Chinese companies and investors, YOU can also support the local struggle by

Asking the Jinchuan Group ltd (JNMC) to stop their mining business in Palawan

President Wang Yongqian
Jinchuan Group LTD (JNMC)
98, Jinchuan Road
Jinchuan District
Jinchang,  737102
China

E-mails: wyq@jnmc.com
info@jnmc.com
jnmcadmin@jnmc.com
Fax (86-935)-8811612

JNMC US Office
derek.benham@benmet.com
sales@jnmc.us
Fax: 626-964-6336

Address your concerns to NCIP requesting the no-issuance of the Certificate or Preconditions to MacroAsia Corporation:
Email: resource@ncip.gov.ph
Telefax: (63 2) 373-97-65
Please also include in the Cc: oed@pcsd.ph and mearlhilario@yahoo.com (Palawan Council for Sustainable Development - PCSD)

Kindly request President Benigno C. Aquino III (Malacañang Palace, Manila) to stop signing agreements with Chinese and foreign corporations whose operations will destroy precious environments, agricultural lands and indigenous ancestral domains
Email: titonoy@president.gov.ph

Also sign the no-2-mining-in-palawan petition launched by the Save Palawan Movement and the ALDAW Petition to stop the encroachment of mining corporations and oil palm plantations on Palawan ancestral land.

For more information watch ALDAW videos on Vimeo and  Youtube; and see ALDAW's Facebook page.

Contact the ALDAW INDIGENOUS NETWORK (Ancestral Land/Domain Watch) at: aldaw.indigenousnetwork@gmail.com

Prés de nos ancêtres. Cartographie participative au Gabon

En 2002, Son Excellence, El Hadj Omar Bongo Ondimba, président de la République du Gabon, a crée avec un décret treize parcs nationaux. Les parcs ont été conçus pour représenter différents biomes et les enclaves importantes de la biodiversité dans ce pays du Bassin du Congo.

Cette vidéo, réalisée en 2010, raconte l'expérience des villageois Babongo et Mitsogho qui ont construit une maquette en trois dimensions de leur territoire qui comprend le parc national de Waka dans le massif du Chaillu, la Province de Ngounié. Waka est censé avoir la plus forte densité des primats de la Terre entière, dans une foret Équatoriale montagneuse menace par des concessions forestières. Ce territoire, principalement dans la commune d'Ikobey, abrite également la communauté Babongo, un peuple «Pygmées» de chasseurs-cueilleurs autochtones et leurs voisins, les Mitsogho, un peuple chasseurs-agricoles.

La cartographie participative en 3 dimensions donnait une occasion pour les peuples autochtones et locales a s'engager avec le gouvernement au sujet de leurs droits, la bonne gouvernance et la prise de décision par rapport a l'aire protégée, en utilisant leurs propres langues et la connaissance intime du milieu culturel et naturel. Avec l'appui des ONG nationales et internationales et les organisations des peuples autochtones a travers le bassin du Congo, les villageois Babongo et les Mitsogho ont pu utiliser la carte comme une plate-forme pour parler aux autorités locales et provinciales au sujet de leurs préoccupations et de présenter une vision de la participation et la gouvernance démocratique. La vidéo est un témoignage au défi de la conservation de la biodiversité et le maintien de la diversité culturelle locale, protégées gouvernance zones et les moyens de subsistance. Le projet a été soutenu par MINAPYGA, Brainforest Gabon, Rainforest Royaume-Uni, le CTA et IPACC avec la coopération de la Wildlife Conservation Society (Gabon) et l'Agence nationale des Parcs Nationaux de la République du Gabon.

• Plus d'informations sur cette étude de cas se trouve a la page http://tinyurl.com/3ptxhyn
• Plus d'informations sur la méthodologie P3DM se trouve a la page http://tinyurl.com/3txe4hv
• Redessiner sa forêt en 3D

Seeking Spatial Justice (Globalization and Community)

In Seeking Spatial Justice, Soja argues that justice has a geography and that the equitable distribution of resources, services, and access is a basic human right. Building on current concerns in critical geography and the new spatial consciousness, Soja interweaves theory and practice, offering new ways of understanding and changing the unjust geographies in which we live.

After tracing the evolution of spatial justice and the closely related notion of the right to the city in the influential work of Henri Lefebvre, David Harvey, and others, he demonstrates how these ideas are now being applied through a series of case studies in Los Angeles, the city at the forefront of this movement.

Soja focuses on such innovative labor–community coalitions as Justice for Janitors, the Los Angeles Alliance for a New Economy, and the Right to the City Alliance; on struggles for rent control and environmental justice; and on the role that faculty and students in the UCLA Department of Urban Planning have played in both developing the theory of spatial justice and putting it into practice.


Publisher: Univ Of Minnesota Press (March 26, 2010)

Report Indigenous and Tribal Peoples' Rights over their Ancestral Lands and Natural Resources

Washington, D.C., February 17, 2011—The Inter-American Commission on Human Rights (IACHR) today published its report Indigenous and Tribal Peoples' Rights over their Ancestral Lands and Natural Resources.

The protection of indigenous peoples' right to property over their ancestral lands is an issue of particular importance to the IACHR because the effective enjoyment of that right involves not only protection of an economic unit but also protection of the human rights of a collectivity whose economic, social, and cultural development is based on its relationship with the land, which is the basis for its worldview. As a result, the Commission has long paid particular attention to indigenous and tribal peoples’ right to communal property over their lands and natural resources, as a right in itself, and as a guarantee of the effective enjoyment of other basic rights.

The right to property pursuant to Article 21 of the American Convention on Human Rights thus has singular importance for indigenous and tribal peoples, because the guarantee of the right to territorial property is a fundamental basis for the development of indigenous communities’ culture, spiritual life, integrity and economic survival. It is a right to territory that encompasses the use and enjoyment of its natural resources. It is directly related, even a pre-requisite, to enjoyment of the rights to an existence under conditions of dignity, to food, water, health, life, honor, dignity, freedom of conscience and religion, freedom of association, the rights of the family, and freedom of movement and residence.

The report the IACHR is publishing today compiles and discusses the scope of indigenous and tribal peoples’ rights over their territories, lands, and natural resources. In this regard, it analyses the obligation of the States to consult with indigenous peoples and guarantee their participation in decisions regarding any measure that affects their territories. The State has to consult them on any matters that might affect them, the purpose of such consultations should be to obtain their free and informed consent, and they must be carried out in accordance with their customs and traditions, through culturally adequate procedures and taking into account their traditional decision-making methods.

The report is based on the legal instruments of the Inter-American system, as interpreted by the Commission and the Inter-American Court in the light of developments in general international human rights law. It also aims to point out specific problems, guidelines, and best practices to enhance the enjoyment of human rights by indigenous and tribal peoples across the hemisphere.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in a personal capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

Macroasia and the Plundering of Protected Areas: Unravelling the Roots of Illegality

ALDAW, Puerto Princesa - In spite of the growing outpour of international support and solidarity, it appears to be no end to the attempts of some government institutions to transform the Philippines “Last Frontier” (Palawan Island) into one of the most popular mining destinations (click on the map below to see the details!).

Click the map to enlarge it to its original size !

Indeed, the violation of indigenous ancestral land rights on Palawan Island (Philippines) has exacerbated towards the end of 2010, with the proliferation of street protests and peaceful demonstrations. On December 21, the Palawan Council for Sustainable Development (PCSD) [in the absence of the chair, NGO representative, and with the vice governor opposing] affirmed the decision of the PCSD executive committee made last December 4, 2010, to issue Strategic Environmental Plan (SEP) clearances to Macro Asia Mining Corporation and Ipilan Nickel Mining Corporation (INC).
According to the Environmental Legal Environmental Center (ELAC) such clearances would enable these mining corporations to conduct large-scale mining operations within natural forests, protected areas and within the ancestral domain of the Palawan indigenous peoples. According to the SEP, the affected areas are classified as ‘strict protection’ or ‘core zones’ and ‘restricted use zones’. “The PCSD decision overstepped the bounds of the law that it is mandated to uphold, and ultimately placed Palawan’s natural and cultural heritages at great risk” said ELAC Attorney Gerthie Mayo Anda.

Surprisingly, on July 30, the indigenous peoples of Palawan and the local NGOs had succeeded in obtaining from the Palawan Council for Sustainable Development (PCSD) a deferment of a SEP endorsement to MacroAsia Corp. On that occasion Governor Baham Mitra agreed to defer the decision to endorse a SEP clearance to MacroAsia until a multipartite team composed of PCSD technical staff, local government officials, NGOs and Indigenous Peoples’ representatives would have visited the proposed area to investigate indigenous peoples complaints. Sadly, since then, the PCSD has made no efforts in constituting the much-wanted “multipartite team”.

The PCSD is the government body in charge of implementing the “Strategic Environmental Plan”, a very special environmental law aiming at ensuring the sustainable development on the island. This ‘Strategic Plan’ was created and put into place through conspicuous financial resources coming from the European Union which culminated with the  implementation of the Palawan Tropical Forestry Protection Programme (PTFPP). “It would be tremendously useful if the European Commission itself would begin an in-depth evaluation on how its multi-million investments in the preservation of Palawan Island have been rather vilified by reckless mining policies and by short-sighted politicians. Somebody must be made accountable for these conservation failures” said Dario Novellino, International Coordinator of the ALDAW Network (Ancestral Land Domain Watch).

Palawan is well known as the bio-diversity richest province in the Philippines and, for this reason, in the eighties, the entire island was declared by the UNESCO as a Man and Biosphere Reserve. “We tried to approach UNESCO several times on this issue” said a spokesman of the ALDAW Network (Ancestral Land/Domain Watch). “Through its silent and inertia, the UNESCO has shown, once again, how these declarations bring little or no benefits to local communities, especially when there is no clear political commitment to uphold them. Overall UNESCO has revealed the general weakness of the entire United Nations system, that is a chronic incapacity to take unequivocal positions on urgent matters requiring unambiguous and concerted political efforts” he added.

The political squabbles underlying the mining saga on Palawan Island are clearly detected in the ambiguous behavior of the National Commission on Indigenous Peoples (NCIP) - the official government body in charge of protecting the rights of tribal communities. As of now, the NCIP Palawan Provincial Office has bluntly violated all required procedures leading to transparent and genuine FPIC processes, siding instead with the mining companies. As a result, the indigenous communities of Brooke’s Point Municipality have bitterly rejected the so-called Certificates of Precondition issued by the National Commission on Indigenous Peoples (NCIP), in favor of mining companies.

On January 2011, Alyansa Tigil Mina (“The Alliance Against Mining”) - the largest advocacy network in the Philippines - has asked clarifications to NCIP national office on the compilation of an investigation report allegedly prepared by NCIP Provincial Officer Roldan Parangue, in response to the complains raised by the indigenous people of Brookes’ Point. In a letter dated 11 January 2011 Myrna L. Caoagas, from NCIP National, stated that the NCIP main office has never received such report.
Obviously, while the NCIP is unable to provide evidences of Indigenous Peoples’ Free and Prior Informed Consent, MacroAsia Corporation and INC are working hard to prove that their operations have been favorably accepted by local communities.  Village people that are not from Brookes’ Point Municipality are “induced” by both companies to make positive statements in their favor. Specifically, Mrs. Apolonia “Onyang” De Las Alas, a councilor from Mabalot village - and originally from the Municipality of Agutaya, in the North of Palawan - was invited to talk on the behalf of the indigenous peoples of Brookes’ Point in a press conference jointly organized by MacroAsia and INC, on January 5.  This has raised a fierce reaction on the part of the traditional and legitimate indigenous leaders.  Meanwhile, the ALDAW network has decided to approach Congressman Teddy Brawner Baguilat  (chairperson of the National Cultural Committee) requesting a Congressional Investigation of these matters.However, time to save Palawan is running out: towards the end of this month, Baham Mitra, Governor of Palawan and chairman of the PCSD will express his own decision on whether to endorse a SEP clearance to MacroAsia, Ipilan Nickel Corporation and LEBACH. As of now, all these companies have failed to secure the needed social acceptability requirements and have bluntly violated the basic tenets of both the Strategic Environmental Plan (SEC) and of the Indigenous Peoples Rights Act (IPRA Law).

Once again, one of the government agencies to be blamed for these violations is the Palawan Council for Sustainable Development (SEP). ELAC believes that “the Council overlooked the clear intent of the SEP law when it compromised its zoning policy to accommodate certain mining interests”. For the same reason, the ALDAW network has recently requested the PCSD to stop any further attempt of changing the definition of ‘core zones’ and other zones to allow mining activities in forested land.  It has already been established that some definitions such as those of “controlled use zones” found in the Strategic Environmental Plan have been amended by the Council to please extractive industries. For instance, according to the SEP law, in Controlled Use Area – (the outer protective barrier that encircles the core and restricted use areas): “strictly controlled mining and logging, which is not for profit… may be allowed”. Uncharacteristically, the “not for profit” specification has been eliminated, thus opening these zones to commercial extractive activities.

Clearly, the newly produced ALDAW video and additional geotagged evidences reveal that MacroAsia and INC have carried out exploration activities in ‘core zones’ (areas of maximum protection), as well as in ‘restricted zones’ and watershed areas. The locations of MacroAsia test-pits have been documented in areas of pristine virgin forest, and also at high altitudes (e.g. around and above 1,000 meters ASL) and specifically in those areas of primary forest where indigenous people harvest the resin of Almaciga trees (Agathis philippinensis), which is traded by the local communities for rice and other prime commodities.ALDAW geotagging-data further indicates that LEBACH drilling activities are also taking place out of the limits of its Mineral Production Sharing Agreement (MPSA) area.  Recently, the company has also harassed and intimidated local farmers by cutting their coconut palms, in the attempt of forcing them out of their own land. In conjunction with these field investigations, Artiso Mandawa, ALDAW national coordinator, has received persistent dead threats. “I will continue to fight for my people and my land, until the President of the Philippines puts a halt to all those mining investments that are genocidal to indigenous people” said Mandawa.

“We are afraid that the pronunciation of the newly elected President and especially of the Department of Environment and Natural Resources is that they would pursue mining as an economic policy, just like the previous Arroyo government. We cannot fight climate change if we will not prioritize sustainable development” added Alyansa Tigil Mina National Coordinator Jaybee Garganera.

It is rather ironic that President “Noynoy” Aquino’s centerpiece program is poverty alleviation and strict implementation of anti-corruption measures. Corruption, however, is not only about grafting, it is a state of mind, something that contradicts all ethical principles on which human coexistence and well being should be based.  Sacrificing watersheds, forests and people’s livelihood in favor of foreign profit is unethical; it is the most corrupted way of dealing with public welfare while jeopardizing the future of the coming generations.  Surely, “Noynoy” Aquino’s fight against corruption and poverty will not be credible, until the new administration comes up with a new mining policy to ban mining in Palawan, while revoking Executive Order 270-A or the revitalization of mining for the Philippines as a whole.

What you can do ...

Sign a Petition to Stop Mining in Palawan!

And address your concerns to:

• The Office of President Benigno C. Aquino III, Malacañang Palace, Manila, Philippines; titonoy@president.gov.ph
• Honorable Governor of Palawan Baham Mitra; abmitra2001@yahoo.com; fax: 0063 (048) 433-2948 
• Palawan Council for Sustainable Development (PCSD); oed@pcsd.ph. and c/o Mearl Hilario mearlhilario@yahoo.com;  fax: 0063 (048) 434-4234
• Department of Environment and Natural Resources (DENR); The Secretary, Ramon Jesus Paje osec@denr.gov.ph or hea@denr.gov.ph
• Mines and Geosciences Bureau mines_r4@yahoo.com
• The Man and Biosphere UNESCO (MAB) programme; The Secretary, Mr. Natarajan Ishawaran, n.ishwaran@unesco.org

For more information watch ALDAW videos on Vimeo and on YouTube or contact the ALDAW INDIGENOUS NETWORK (Ancestral Land/Domain Watch) aldaw.indigenousnetwork@gmail.com , ELAC (Environmental Legal Assistance Center) palawan@elac.org.ph or padayon_egl@yahoo.com and or Alyansa Tigil Mina (nc@alyansatigilmina.net or alyansatigilmina@gmail.com )

Source: ALDAW, 22 January 2011


ALDAW INDIGENOUS NETWORK
(Ancestral Land/Domain Watch)
is a Philippines-based advocacy campaign network of Indigenous Peoples defending their ancestral land and resources from mining corporations, oil palm companies, top-down conservation schemes and all forms of imposed development.

Indigenous Peoples and the European Union

Supporting the rights of Indigenous peoples is an integral part of the European Union's human rights policy. The legal basis of the European Union's approach to working with and supporting indigenous peoples (IPs) is governed by the Commission Working Document on support for indigenous peoples which was adopted in 1998, followed by the Council Resolution which provides the main guidelines for the policy. In November 2002, the Conclusions on Indigenous Peoples recalled the commitment to the 1998 Resolution and invited the Community and Member States to continue its implementation. The basic principles of cooperation with indigenous peoples, as spelled out in the 1998 Council Resolution are:

• the importance of self-development, which implies the recognition and respect of indigenous people's own social, economic and cultural development and of their own cultural identities, including their right to object to projects in their traditional areas;
• the consequent need to ensure the effective participation of indigenous peoples at all stages of the project cycle and to permit their free prior and informed consent;
• the recognition of the key role played by indigenous peoples notably in the conservation and sustainable use of natural resources; and
• acknowledgement that cooperation with indigenous peoples is considered essential for the objectives of poverty elimination and sustainable development of natural resources, the observance of human rights and the development of democracy.

The principles of the European Union's engagement towards indigenous peoples are applied in the context of the United Nations Declaration on the Rights of the Indigenous Peoples of 2007, which advances the rights of indigenous peoples around the world. Indigenous issues are consistently mainstreamed in European Commission's development cooperation strategies. In addition, the Commission gives direct support to civil society organisations working on indigenous issues, through various thematic instruments, in particular through the European Instrument for Democracy and Human Rights (EIDHR).

Related news

• 18/11/2010 - Statement by the Spokesperson of EU High Representative Catherine Ashton, on Canada joining the UN Declaration on the Rights of Indigenous peoples
• 09/08/2010 - Declaration by High Representative Catherine Ashton on behalf of the European Union on the International Day of the World's Indigenous People
• 23/04/2010 - Statement by the spokesperson of HR Ashton on New Zealand joining the UN Declaration on the Rights of Indigenous People

Source: EU Policy on Indigenous Peoples

Report on the situation of human rights and fundamental freedoms of indigenous peoples in Kenya

I have just come across the report prepared in December 2006 by the special rapporteur on the situation of human rights and fundamental freedoms of indigenous people in Kenya. Considering the current situation in Mau, I thought that it would be worth adding visibility to this public document.

I am quoting part of the text and offer a link to the full document at the bottom of this post.

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C. Hunter-gatherers and forest peoples

36. Settlement schemes, logging and charcoal production have put a severe strain on Kenya’s rich and varied forests, and have resulted in the loss of the traditional habitat of Kenya’s forest peoples, the indigenous hunter-gatherers such as the Awer (Boni), Ogiek, Sengwer, Watta, and Yaaku. While existing laws are oriented to the protection of wildlife and forest resources, many of these communities can no longer live by their traditional livelihoods, and their cultures and language are rapidly vanishing as a result; illegal logging has played a major role in this as well.

37. The way of life of the Ogiek is well adapted to the Mau Forest environment where they have lived for centuries. Numbering about 20,000 countrywide, they have been dispersed and assimilated in recent decades, and dispossessed of their traditional source of livelihood. When the Mau Forest was gazetted as a National Forest in 1974, the Ogiek were evicted from their traditional habitat without prior consultation or compensation, in violation of their basic human rights. They were henceforth prevented from hunting or collecting bee honey for survival in the forest, and were reduced to a miserable subsistence on the margins of this area rich in plants and wildlife. On the other hand, illegal logging, the introduction of exotic plantations and the excision of parts of the forest for private development by outside settlers have endangered the Mau Forest as a water catchment area, as well as the country’s environmental security. The Special Rapporteur on adequate housing, Miloon Kothari, signalled in his report on his mission to Kenya that the destruction of the forest has affected the rights of the Ogiek to housing, health, food and a safe environment, threatening to further destroy their cultural identity and the community as a whole (see E/CN.4/2005/48/Add.2, para. 61).

38. Despite a court injunction in their favour in 1997, the Government has proceeded to alienate Ogiek forest land, and a recent court decision does not recognize the Ogiek’s ancestral title to the forest. Still, the Government has distributed title deeds to land to several thousand Ogiek, and some non-Ogiek outsiders have tried to enrol as Ogieks in the hope that they may eventually also be given title deeds. The unresolved conflict between the Ogiek and their neighbours continues to this day. Being considered as squatters on their own land and legally banned from using the forest resources for their livelihood, their attempt to survive according to their traditional lifestyle and culture has often been criminalized and their repeated recourse to the courts has not been successful. Ogiek attribute this vulnerability to the fact that they are not recognized as a distinct tribe and therefore lack political representation. The Special Rapporteur met with members of several Ogiek villages, listened to their grievances and heard their demands for the recognition of their right to land and to maintain their traditional lifestyle in the forest.

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90. In view of the above, the Special Rapporteur makes the following recommendations:

A. Recommendations to the Government

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Forest areas

102. The rights of indigenous hunter-gatherer communities (particularly the Ogiek in Mau Forest) to occupy and use the resources in gazetted forest areas should be legally recognized and respected. Further excisions of gazetted forest areas and evictions of hunter-gatherers should be stopped. Titles derived from illegal excision or allocation of forest lands should be revoked, and new titles should only be granted to original inhabitants. Illegal commercial logging should be stopped.

C. Recommendations to indigenous communities and organizations
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124. Indigenous peoples’ organizations are encouraged to develop concrete strategies for data collection, research and documentation to support their advocacy work both at the national and international levels.


D. Recommendations to civil society and political parties
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127. NGOs and donors should strengthen their relations with indigenous communities, support their development initiatives and promote a better understanding of their demands and aspirations within Kenyan society.

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Read / download the full document.