UNDRIP

UN calls for indigenous land policy in United States

The UN Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, on March 3 called for the US to adopt a consistent approach to indigenous land rights in pipeline projects. The Special Rapporteur voiced concerns about how indigenous peoples were not fully consulted on the Dakota Access Pipeline (DAPL). She said that after a fact-finding trip to the US, she was disturbed by reports "regarding the criminalization of indigenous peoples asserting their right to protest in the now-world famous struggle of several tribes" in opposition to the DAPL. While the protests "have been almost completely non-violent and peaceful, there has been a militarized, at times violent, escalation of force by local law enforcement and private security forces."

Taiwan president apologizes to indigenous people

On Aug. 1, Indigenous People's Day, President Tsai Ing-wen issued a formal apology to Taiwan's aboriginal peoples for centuries of oppression, and outlined her policies for reconciliation. In a ceremony attended by leaders of aboriginal communities from throughout the island, she said: "For the past 400 years, each regime that came to Taiwan has brutally violated indigenous people's existing rights through military might and land looting." She pledged that her government will give indigenous communities greater autonomy, improve their land rights, and work to preserve native languages.

Canada: court blocks Northern Gateway pipeline

Canada's Federal Court of Appeal overturned approval of Enbridge energy company's controversial Northern Gateway pipeline that would link Alberta's oil sands to British Columbia's north coast. In the 2-1 ruling June 30, the three-judge panel found that Ottawa failed to properly consult the First Nations affected by the project. That the federal government's consultation efforts "fell well short of the mark," the ruling stated. "We find that Canada offered only a brief, hurried and inadequate opportunity...to exchange and discuss information and to dialogue." President of British Columbia's Haida Nation, Peter Lantin, said: "It's a great day for Haida Gwaii and the coast of BC. We're all celebrating a victory for the oceans and our way of life."

Colombia: court protects more lands from mining

Colombia's Constitutional Court on June 11 overturned a government decree from 2012 that would allow mining in nine areas of the country, together making up 20% of the national territory—a collective area approximately the size of Minnesota. The designated "Strategic Mining Areas" were decalred by the National Mining Agency in decrees 180241 and 0045 of February and June 2012, respectively, affecting lands in some 20 departments, from the Pacific coast to the interior Amazon. The challenge was brought by the NGO Tierra Digna on behalf of several indigenous and campesino groups within these areas, who said to the decrees violated their right to prior consultation. The ruling virtually ends the government's declared ambition to make mining the “motor” of the Colombian economy. (El Tiempo, June 13; Colombia Reports, June 12; El Espectador, June 11)

Peru: incoming admin threatens communal lands

Peru's president-elect Pedro Pablo Kuczynski has unveiled a platform that calls for privatizing and "individualizing" communal lands to facilitate mineral and agribusiness development. On June 10, PPK's "virtual" minister for Economy and FinanceAlfredo Thorne, told Lima's Radio Capital: "A big part of the properties where the mines are located are today communal property. These properties must be individualized, to give the individual the power to use his land, or to sell it to a mining company or sell it for agriculture." He said he is already working on a map of Peru's properties, to begin "interchanging communal titles to individual titles."

Belize: villagers on trial for protecting Maya site

Thirteen Maya villagers are to stand trial in Belize over their expulsion of a settler they said had illegally encroached upon the grounds of an archeological site. A trial date of March 30 has been set in the case of the "Santa Cruz 13," who were arrested in a police raid of their village in June—days after expelling Rupert Myles from the Uxbenká site in southern Toledo district. Among the 13 charged with "unlawful imprisonment" is Q'eqchi Maya community leader Cristina Coc. Villagers say Myles illegally built a house on the grounds of the site against the wishes of the community, and Belizean authorities failed to respond to their call to have him removed. Villagers admit they restrained Myles when he became unruly at a community meeting that had been called to work out the matter, but deny his claims that they assaulted him. They also deny his charge that they are discriminating against him because he is Creole. Myles, who has a common-law wife in the Maya village, built his house on the Uxbenká site after being denied a request to do so on village lands. Village authorities say the decision was made based only a shortage of available land.

New Zealand: Maori elder issues TPP 'veto'

Kingi Taurua, a prominent elder of the Nga Puhi, an iwi (naiton) of New Zealand's Maori people at Te Tii Marae, Waitangi, North Island, has sent a formal "notice of veto" of the Trans-Pacific Partnership agreement to the embassies and trade departments of its proposed partner countries, and has requested that the Queen of Great Britain intervene on the issue. The document cites the 1840 Treaty of Waitangi and the 1835 Declaration of Independence of New Zealand, and states that the New Zealand government does not have "due authority" to sign the TPP without the agreement of Maori elders, "which [agreement] has not been given." Taurua claims that the TPP would be void in respect of New Zealand's involvement as a result, and should not be signed. Release of the document sent by Taurua, entitled "Notice of Non-Assent to the Trans-Pacific Partnership Agreement and Exercise of Constitutional Power of Veto in Respect Thereof," came just a day before the TPP was due to be signed in Auckland on Feb. 4 by leaders from countries around the Pacific.

El Salvador: indigenous mark 1932 massacre

This January marked 84 years since the 1932 uprising of rural peasants and Communist Party organizers and the state-led genocide that followed in El Salvador. Indigenous organizations in the country gathered in the western departments of Ahuachapán and Sonsonate to remember those lost and call for justice. "For us, this is a painful moment. They killed many defenseless people. Our grandparents cried for justice, they couldn’t stand the hunger, the misery, the slavery, and they started to organize,”"Rafael Latin, elected indigenous leader of the town of Izalco, explained. "We have been pushed from our lands since the Spaniards arrived. They took away our collective lands; they tried to eliminate us."

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