French Guiana Indigenous Peoples Demand Land Rights in National Park
9/7/98
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RELAYED TEXT STARTS HERE:
Title: French Guiana Indigenous Peoples Demand Land Rights in National Park
Source: Forest Peoples Programme
Status: Distribute freely with proper credit to source
Date: 9/7/98
At a meeting held in the Wayana village of Twenke in French Guiana,
Indigenous peoples and Maroons met to discuss, among others, the recognition
of their rights in connection with the proposed establishment of a National
Park. The resolutions of the meeting issued by the Federation of Amerindian
Organisations of French Guiana (FOAG) are reproduced below. French Guiana
is an overseas department (DOM) of France situated on the north-east coast
of South America. It is bordered to the south and east by Brazil and to the
west by Suriname and contains the largest area of tropical rainforest under
European jurisdiction. It is officially part of France and subject to both
French and European law. Six distinct Indigenous peoples, amounting to
almost five percent of the population, live either on the coast (Palikur,
Arawak and Kalina) or in the forested south (Wayana, Waiapi and Emerillon).
Aluku Maroons, the descendants of African slaves who escaped from
plantations in Suriname in the 18th century, also live along the Maroni
River that forms the border between Suriname and French Guiana.
The National Park, known as the Park of the French Guianese Forest, will
cover the southern third of the French Guiana. It was originally proposed as
" the Park of the South" by the French government at the United Nations
Conference on Environment and Development in 1992. Plans for this Park
were abandoned in 1996, after strong objections from Indigenous peoples,
Maroons and environmental organisations. These objections included the
failure to recognise Indigenous and Maroon land rights and the exclusion of
certain gold and diamond mining areas from the Park. These mining areas are
mostly controlled by Canadian multinationals, including Cambior and Golden
Star Resources (local subsidiary, Guyanor), partners in the infamous Omai
mine in Guyana. The Pou d'Agouti, the local environmental organisation
lobbied to have the Park established in the central third of the country,
where there are no Indigenous communities and most of the mining activity is
taking place, and to have the southern third declared an Indigenous-owned
reserve. This was rejected by the government and local elites who are
intent on establishing the Park on Indigenous and Maroon lands and allowing
destructive mining operations to continue.
Indigenous and Maroon rights are not recognised in any way under French
law. Indeed, Indigenous peoples and Maroons are not recognised at all under
French law, which holds that according to the principle of equality
enshrined in the French Constitution all French citizens have equal rights,
and distinctions based upon race or ethnicity are unconstitutional. The
French government has even registered reservations to minority rights
provisions in human rights treaties using this principle as justification.
Consequently, Indigenous peoples and Maroons are not only seeking to have
their territorial rights recognised by the state, they are also seeking
recognition of their identity as distinct peoples per se. The original
proposal for the park included the establishment of "living zones," five
kilometres either side of the major rivers in the Park in which Indigenous
and Maroon communities could carry out their subsistence activities. This
was rejected by the FOAG, the affected communities and the Maroons as
inadequate and ineffective.
The revised proposal for the Park has abandoned these "living zones" as the
means for protecting Indigenous and Maroon rights and the Indigenous peoples
and Maroons are demanding that a new law be drafted that explicitly
recognises their territorial rights. Recognition of these rights is a
precondition for the acceptance of the Park in Indigenous and Maroon
territory. A special Steering Committee, which meets in Cayenne, the
provincial capital of French Guiana, has been established that includes a
legislative commission that meet in Paris to elaborate the laws governing
the Park. It has stated that the Park will be governed by sui generis
legislation not applicable to other national parks in France. This clearly
will permit the recognition of Indigenous and Maroon land and cultural
rights in the legislation pertaining to the Park. Of course, this assumes
that the French government will acquiesce to this.
While the FOAG is participating in the legislative commission, the
resolutions issued by the Twenke meeting have condemned the absence of the
traditional Indigenous and Maroon political and spiritual authorities in the
discussions. They are requesting that these leaders be recognised as
essential participants in the process and that the necessary means be
provided so that adequate consultations can be held at the community level
about the Park. To facilitate the participation of the leaders, the Twenke
meeting proposed "the creation of a working group composed of all customary
authorities and organisations of Indigenous peoples and Forest peoples
concerned by the park as well as others who are concerned by the protection
of their rights."
The meeting also proposed that the Dachine diamond mining concession be
revoked and included in the area demarcated for the Park and that all other
permits held by multinationals in the Park area also be revoked. They
further requested that the state permanently cease handing out concessions
within the territories of Indigenous peoples and Maroons and restore areas
that have been degraded by previous mining operations. With regard to small
scale mining, which is causing serious problems in some parts of the
country, the meeting strongly recommended "that local miners convert their
activities into alternative activities that aim to preserve both the
eco-systems and to maintain social peace" and requested that the "state
assist this conversion by providing the technical and financial means, and
by providing the necessary training."
Discussions about the Park and the rights of the peoples whose ancestral
lands it incorporates are on-going in Paris and Cayenne. The French
bureaucracy are trying to push through the proposal as quickly as possible.
The Indigenous peoples and Maroons have stated that their acceptance of the
Park is conditioned on a full recognition of their territorial rights. What
will happen remains to be seen, however, it is clear that conservation and
expediency are not valid reasons for violating the rights of Indigenous
peoples and Maroons and international scrutiny should be directed towards to
what is happening in Cayenne and in Paris.
The European Parliament has previously resolved that protection of the
rainforest in Sarawak and elsewhere and protection of Indigenous rights
should go hand-in-hand; surely the same should also apply to rainforests and
Indigenous peoples under European jurisdiction.
For further information, please contact:
Forest Peoples Programme
1c, Fosseway Business Centre
Stratford Road
Moreton-in-Marsh, GL56 9NQ
United Kingdom
Tel. 44. 1608. 652. 893.
Fax. 44. 1608. 652. 878
Email : wrm@gn.apc.org
FEDERATION OF AMERINDIAN ORGANISATIONS OF FRENCH GUIANA
Political and spiritual authorities of the indigenous and forest peoples,
21/06/98 TWENKE
JOINT RESOLUTION
In the year one thousand nine hundred and ninety eight, June 21, the
indigenous peoples and the forest peoples represented by their GranMen,
their traditional authorities as well as their respective organisations
gathered in the village of Twenk,, Wayana Territory, French Guiana.
This High Council that gathered in order to elaborate a common position
concerning basic rights and projects for the conservation of the
bio-diversity of French Guiana:
Reminds the French State, local elected authorities, as well as governmental
and intergovernmental organisations, of the existence of indigenous peoples
on the territory of French Guiana prior to the installation of French
sovereignty; of the existence of forest peoples who, by shedding their
blood, liberated themselves from slavery established by European colonial
Sates, including France.
Reminding that the indigenous peoples have never conceded the sovereignty of
their territories, that the forest peoples have signed treaties with France
in order to guarantee their cultural and political integrity.
Reminding that, in accordance with their aspirations and their social,
political, spiritual, cultural and traditional beliefs and regulations the
indigenous peoples and the forest peoples have made a blood pact which
ensures a common respect for life and mutual respect for each other and
further ensures that their respective successive generations may prosper and
flourish through mutual care of their ancestral lands and territories.
Reminding that, up to the present moment by respecting their spiritual laws
and the will of the supreme creator the indigenous peoples and the forest
peoples have known how to be the custodians of their natural heritage.
Exhorts the State, the General Council, the Regional Council, signatories of
the protocol concerning the creation of a national park in the territories
of the indigenous peoples and forest peoples of French Guiana in order to
satisfy the engagement made by the France at the summit of Rio in 1992:
£ To vigorously respect the 27 principles emanating from summit of Rio,
especially Principle 22, stipulating that: "Nation States must recognise the
identities, cultures and interests of indigenous peoples, must grant them
all the necessary support to allow them to participate efficiently in the
realisation of sustainable development."
Exhorts the State to recognise and to reinstate the basic rights of
indigenous and forest peoples, notably:
£ By the legal recognition of political and spiritual indigenous and forest
peoples authorities as collective authorities,
£ The recognition of their rights concerning natural resources as a general
principle of their indivisible rights which include traditional rights and
allied ideas.
Demands with vehemence:
The drawing up of a special environmental law, which includes, as an
indivisible body, the rights of indigenous and forest peoples and which is
adapted to the historical and cultural realities of French Guiana.
We consider that the environmental law of the law of 1960 is not suited to
the historical, human and social situation of French Guiana.
This new law should recognise explicitly the territorial rights of the
indigenous and forest.
The realisation of this basic condition is essential if the indigenous and
forest peoples are to envision the creation of a protected area for the well
being of our successive generations through the combined efforts of our
peoples, the State, local authorities, and Guianese society in general.
We request that the State, the local authorities and the elected
representatives, do their utmost in order that this solemn resolution may
serve the progress of our country concerning human rights, our right to
development and the sustainable safeguard of our heritage.
We condemn the absence of our political and spiritual authorities in the
decision making process for the creation of the park. We request their
immediate and direct participation and that the means necessary in order for
them consult their respective populations be made available forthwith.
Twenk,, Wayana Territory, South America, 21 June 1998
_________________________________
SPECIFIC RESOLUTION (1)
Concerning the demarcation of a protected area in the South of French Guiana
Under condition that the Joint General Resolution is accepted and acted upon,
To show their good faith,
After having heard and understood the aspirations and complaints of all, the
parties present agree, by consensus, on the establishment of a project of
demarcation.
On the condition that our rights of our peoples to our natural resources are
recognised and guaranteed.
Request that the zone of diamond prospecting (Dachine 1T33) be included in
the project,
Demand the non-renewal and the cancellation of permits relating to this
activity on this site as well as all the permits attributed to the
multinationals present in the area covered by the project.
The demarcation project is as follows:
On Maroni, above 3o30 above the village of Ela, in the South-North
direction, the conservation project includes all the Wayana settlements and
ends before the island known as " Empof,nou Tabiki ".
Twenk,, Wayana Territory, South America, 21 June 1998 it, 21 June 1998.
_____________________________________
SPECIFIC RESOLUTION (2)
Specific Grants for the indigenous and forest peoples and for the local
authorities whose territories are included within the demarcation project of
the national park.
Considering that the indigenous peoples and the forest peoples are stewards
and guardians of their inherited and ancestral lands,
Considering that the local authorities whose territories are included in the
demarcation project of the national park - the following communes: Camopi -
Sal - R,gina - Maripasoula -
In Recognition of their contribution to honour the international engagement
of the French State and the local authorities of French Guiana.
Should receive specific grants and access to funds in order to help them
assure an alternative form of development.
The State and the territorial local authorities must create a development
fund in favour of indigenous and forest peoples in accordance to their
economic and social structures.
Twenk,, Wayana Territory, South America, 21 June 1998
______________________________
SPECIFIC RESOLUTION (3)
Concerning Mining activities
Taking in consideration and understanding the difficult social situation of
the populations of the interior,
Recommends strongly that local miners convert their activities into
alternative activities that aim to preserve both the ecosystems and to
maintain social peace.
Requests the State to assist this conversion by providing the technical and
financial means, and by providing the necessary training.
Requests a definitive halt to the granting of the mining and prospecting
permits to the multinational companies within the territories of indigenous
and forest peoples as well as within those communes whose entire territory
is included in the project of demarcation of the national park.
Requests that sites that have been degraded and where the bio-diversity has
been impoverished or destroyed be restored.
Twenk,, Wayana Territory, South America, 21 June 1998
_________________________________
SPECIFIC RESOLUTION (4)
Concerning Training in view of a Participatory Co-management of the park of
French Guiana
The management should be confided to the indigenous and forest peoples,
All employment generated by the functioning of the park should be confided
to the members of communities;
To this end, a real policy of inter-connected training should be developed
by the State and the local authorities in co-operation with the traditional
authorities and organisations of indigenous and forest peoples.
Taking effect from the date of this resolution.
Twenk,, Wayana Territory, South America, 21 June 1998
_________________________________
SPECIFIC RESOLUTION (5)
Concerning new laws re-establishing the rights of indigenous and forest peoples.
Considering the will of indigenous and forest peoples to reinforce
traditional institutions and procedures and not to weaken them
Having noted the will of the government to create the park within the
framework of the environmental law of 1960, which completely ignores the
existence of our peoples.
Noting the inadequacy of French laws for the protection of rights concerning
indigenous and forest peoples,
Noting the analyses of the committee of experts of the Park Commission
concerning the inadequacy of current laws in the context of the aspirations
and realities of our peoples,
Unanimously express that this situation must change in order that these
people consent to the creation of the park of French Guiana,
Request the improvement of laws applying to indigenous and forest peoples by
taking into account their social organisation, their traditional
institutions and authorities as well as granting their full participation in
the decision making process.
Twenk,, Wayana Territory, South America, 21 June 1998
____________________________________
SPECIFIC RESOLUTION (6)
Concerning Specific Grants and Funds.
Noting the poor or even absence of circulation of information concerning the
impact of the creation of the park on the traditional authorities and
peoples affected by it.
Recalling that NGO's cannot represent traditional authorities especially
where important decisions concerning the fate of their peoples are made,
Obviously conscious quite of the scale of the territory, of the dispersion
and isolation of the populations as well as the absence of the necessary
finance and logistic specifically for the peoples concerned by the creation
of the park,
Taking into consideration the will expressed by political and spiritual
authorities for a wider consultation which includes the participation of the
traditional authorities of the zone concerned by the park as well as of all
of French Guiana,
Suggests the creation of a working group composed of all customary
authorities and organisations of indigenous peoples and Forest Peoples
concerned by the park as well others who are concerned by the protection of
their rights.
Suggests the organisation of a meeting of this working group as soon as
possible to allow an informed decision without any deadline.
Solicits logistic and financial support to permit the widest participation
and an informed consensual decision on the part of the traditional
authorities.
Twenk,, Wayana Territory, South America, 21 June 1998
______________________________
Political and spiritual authorities of the indigenous peoples and forests,
21/06/98 TWENKE
Signatories,
Wayana and Aluku Traditional Authorities,
The elected members of the municipalities concerned,
The indigenous organisations and invited guests:
Name and first name Function Address
Th,rSse Michel Traditional Headman 97319 Awala-Yalimapo
Chanel Joseph Mayor 97330 Camopi Trois-Sauts
Joachim Adochini GrandMan Aluku 97370 Maripasoula
Ama Aloik% Haiwe Traditional Headman 97370 Village de Twenke
Palana Jalukale Anamaila Traditional Headman 97370 Village de Twenke
Pelenapin Miep Traditional Headman 97370 Village de Twenke
Maliku Liu Traditional Headman 97370 Village de Twenke
Charles Jean-Aub,ric Traditional Headman Amerindian Village of Kourou
Opoya Taluwen Traditional Headman 97370 Village of Taluwen
Doudou Thomas Association Misalibi 97370 Maripasoula
Tiouka Alexis Co-ordinator/delegate FOAG - Awala Yalimapo
Pr,voteau Jean-Marie Federation ANI 97300 Cayenne
Balla Romain 97370 Maripasoula
Yoma Omer 97370 Maripasoula
Gwadil F,lix 97370 Maripasoula
Boutou Martin 97370 Maripasoula
Topo Locosi 97370 Maripasoula
Ababui Wicolo 97370 Maripasoula
Noni Henri 97370 Maripasoula
Anelli Adolphe 97370 Maripasoula
Joachim Etienne 97370 Maripasoula
Po Nomi Louis 97370 Maripasoula
Th,rSse Jocelyn General Coordinator (FOAG) FOAG
The inhabitants of Twenke
Forest Peoples Programme / World Rainforest Movement UK Office
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