EAIP NEWSLETTER
INFORMATION BULLETIN ON EUROPEAN POLICIES TOWARDS INDIGENOUS PEOPLES
ISSUE 3 - DECEMBER 1996
The EU Record in the Chaco: Rather Negative
For a number of years the EU has been funding a range of projects in the
Chaco (which covers parts of Argentina, Paraguay and Brazil). Furthermore,
with the signing of the Treaty with the Mercosur cooperation, the
Commission even intends to support more projects in this region, such as
the Hidrovia Parana - Paraguay Project (HPP). Many of these projects have
had or will have an impact on indigenous peoples and local communities,
which until present time have hardly been consulted about any of these
projects.
Hidrovia Parana -Paraguay (HPP) Project
A mega-project seeking financial support of the EU is the Hidrovia
project, which has as its main goal to make the rivers navigable all year
round (see EAIP Newsletter, Sept. 1996). The indigenous peoples concerned
started to protest vehemently against the project implementation, fearing
that it will destroy their environment as well as their way of life and
benefit the rich only. However, until now indigenous peoples have not been
given access to complete information on the project and have repeatedly
not been invited to meetings discussing the Hidrovia project. The
Commission has engaged itself in funding studies to improve 13 ports along
the waterway. The Commission is willing to look at the possible
environmental impact of these operations but has not included
consultations with indigenous peoples into the project's terms of
references.
Pilcomayo
A governmental cooperation between Paraguay, Argentina and Bolivia aimed
at improving access to the Pilcomayo river. This river is the direct
source of survival for hundreds of indigenous communities living along its
borders. Any project affecting the river will have a serious impact on
their livelihood. Nevertheless, the indigenous peoples have been left
completely uninformed about what is going to happen with "their" river.
In September over 1000 inhabitants from 35 communities participated in a
23 day long peaceful occupation of the bridge over the Rio Pilcomayo.
This bridge forms part of a larger project of road construction within the
Mercosur in order to connect various regions of Bolivia, Paraguay and
Argentina. Through the occupation, the indigenous peoples forced the
Government of the State of Salta to finally sign an agreement to hand over
their land title after years of unsuccessful negotiations. The Secretary
of State for Government and Justice now will draw up a decree, defining
the framework and the goals for the final adjudication of the state-owned
territories.
A more positive approach to indigenous peoples is to be expected from
the "Project for the Integrated Development in Ramon Lista." The project's
objective is to improve the living conditions of the indigenous
communities in the northern part of the Argentinean province of Formosa.
This will be done through economic, educational and health activities as
well as through enforcing the self-development of the 6000 indigenous
people in the area. Implementation of the project has been delayed due to
the non-fulfilment by the Argentinean Government of their commitments
contained in the contract.
Paraguayan Chaco
The recently started project "Sustainable Development in the Paraguayan
Chaco" (14,800 ECU) also aims at supporting indigenous peoples. Its main
objectives are the sustainable development and protection of indigenous
peoples through implementation of existing legislation in relation to the
environment and indigenous peoples (law 904/81).
In September a meeting with the EU representative in Paraguay, Arsenio
C rceres took place, involving all the main stakeholders. The indigenous
peoples present asked participation in the formulation of the community
projects as well as the possibility to develop the programmes for their
communities themselves. The national co-director of the project, Oscar
Ferreira, replied that the programme, outstanding for its democratic and
participatory character, allows everybody to participate.
Previous to this meeting the Vice President of the European Commission
Manuel Marin, who planned to visit the Chaco, received a letter from
representatives of indigenous peoples, explaining that neither the
Paraguayan Government nor the EU have consulted the indigenous peoples
about the need for a project.
Despite the strong criticism against EU support for Hidrovia, Pilcomayo
and the Chaco project, the EU desk officer for Paraguay, Walter Simmross,
is cited to have announced EU support for another range of projects in the
Chaco region, such as a project for the utilisation of the water of the
River Tinfunqu for irrigation purposes 1. ~ Union Europea financiar
estudio de agua en la zona de Tinfungqu; abc, July 7, 1996, p. 23
Nigeria: Ogoni
On the occasion of the first anniversary of the murder of Ken Saro-Wiwa,
the European Parliament adopted a resolution on Nigeria, condemning the
Nigerian regime for continuing oppression of opponents and democratic
forces in the country and urging the Nigerian Government to release all
political prisoners immediately. The EP further pointed out that the
present EU sanctions in relation to Nigeria have not been effective and
asked the Council to impose an oil embargo on Nigeria.
Ken Saro-Wiwa and eight other Ogoni activists of the Movement for the
Survival of Ogoni People (MOSOP) were executed one year ago on November
10, 1995. Ken Saro-Wiwa had spoken out for environmental and social
justice for the Ogoni people, accusing the oil company Shell to be
responsible for the pollution of Ogoni territory and of genocide on his
people. According to the Nigerian Government he and the other eight
activists had been responsible for the murder of four Ogoni leaders in May
1994 after conflicts within MOSOP.
Currently still 19 Ogoni youths that have been arrested and accused for
the same murder are kept in prison to await the trial. In August they
smuggled a letter out of the prison, describing the poor conditions in
which they are kept, reminding of their ongoing detention and demanding
their release.
The oil company Shell, responsible for heavy environmental damages
through oil pollution during its operation in the Niger delta, has not yet
put pressure onto the Nigerian Government to ensure the release of the
Ogoni in detention. However, to improve the company's image the Director
of Shell Nigeria declared in May that Shell intends to clean up all oil
damages and pollution it has caused during its operations. He further
announced that Shell wants to rebuild relations with the local people
through health and youth training initiatives.
The European Commission also promotes change in Nigeria. It has set up a
Human rights Committee in Lagos as a subgroup of the Heads of Mission, to
continuously monitor human rights abuses. It intends to start supporting
projects through local NGOs and human rights organisations rather than
cooperation with governmental institutions. Therefore the approximately
200 MECU for development cooperation, blocked in November 1995, have not
yet been unblocked. Instead, the Commission considers to fund projects
proposed by MOSOP through the human rights budget line from next year
onwards. In the meantime the Nigerian military has been forcing Ogoni
people to sign documents inviting Shell to return to the area and
promising not to obstruct the company's activities. ~Resolution of the
European Parliament on Nigeria, November 1996 ~An Overview of EU/Nigeria
Cooperation, Information Note, June 1996
Burma: Human Rights and the Generalized System of Preferences
During the last month the Council and the European Parliament adopted
each of several resolutions on the situation in Burma.
The Council adopted a Declaration as well as a Common Position, banning
arms and other military equipment and suspending all non-humanitarian aid
or development programmes for Burma. The Council further demanded the
State Law and Order Restoration Council (SLORC) of Burma to release all
members of the National League for Democracy detained by SLORC, and to
start a dialogue with this party in order to find a solution for the
current problems.
The Parliament strongly condemned the ongoing violations of human rights
in its Resolution on Burma. It further stated that foreign direct
investment in Burma makes an important financial contribution to SLORC and
welcomed the decision of 15 international companies to cease their
investments in that country. Moreover, the Parliament expressed its
concern that the inquiry of the Commission on a possible withdrawal of the
European Union's Generalized System of Preferences (GSP) for Burma takes
too long, as such a sanction would put effective pressure on the SLORC.
Within the GSP, the EU grants preferential tariffs on imported goods to
certain developing countries. However, the EU now is thinking about the
annulment of the GSP for countries that do not respect certain social and
human rights. After a complaint by the European Trade Union Conference and
the International Confederation of Free Trade Unions the Commission has
been investigating since January whether forced labour and child labour as
defined in the ILO Conventions 29 and 105 occur in Burma. The
investigation on Burma is the first one and can become a precedent, i.e.
if the EU will remove the preferential tariffs for Burma, several other
countries will have to expect the same fate.
During the last five years the Karen Human Rights Group has documented
many cases in which the Burmese army has used people belonging to one of
the indigenous peoples in the south-east for forced labour to build
railways, roads, military bases as well as for logging activities. Now the
EU has invited national observers and Burmese people to testify to the
forced labour practices in their country. In a question to the
President-in-Office of the Council, Clive Needle (UK) from the Socialists
groups also asked why the Council has not yet removed the favourable
trade conditions under GSP to Burma. He further explained that he has been
to Burma to investigate for himself and urged the Council to adopt actions
against this country as soon as possible.
~Council Declaration and Communication on Burma
~Resolution of the European Parliament on the Political Situation and
continued human rights abuses in Burma Question by Clive Needle (UK),
Socialists group to the President-in-Office of the Council
Parliament Resolution on Bangladesh
In October the European Parliament adopted a Resolution on Bangladesh,
calling for the immediate release of Mrs. Kalpana Chakma, the Secretary
General of the Hill Women's Federation (HWF) of the Jumma people in the
Chittagong Hill Tracks (CHT) in Bangladesh. It further asks for the
establishment of an inquiry committee and the initiation of direct
political talks with all parties concerned in the CHT in order to find a
solution for the conflict. Kalpana Chakma has been abducted from her home
by armed security personnel in the night of June 12, only hours before the
parliamentary elections in Bangladesh took place.
To exploit the natural resources of the region, the Government has
encouraged the immigration of ethnic Bengali into the CHT, and the army
has repeatedly conducted acts of intimidation and terror against the Jumma.
After protests from the Hill Peoples' Council, the Hill Students' Council
and the HWF as well as international protests, the army now does
everything to cover up the kidnapping. The new government under Awami
League 's Sheikh Hasina promised to find a solution for the conflict.
Prime Minister Sheikh Hasina Wazed pledged to create a Commission of
Inquiry into the disappearance of Kalpana Chakma. However, this Commission
has not yet been set up. The European Parliament also reacted to the
ongoing conflicts by adopting a modification of the budget line B7-3010:
Economic Cooperation with Asian developing countries. In 1997 a certain
amount of money under this budget line will be earmarked for "the
repatriation of Bengali settlers in the Chittagong Hill Tracts (CHT) back
to the plains." Unfortunately an exact amount has not been mentioned in
the amendments.
~Resolution of the European Parliament on Bangladesh, October 1996
West Papua, Indonesia
On request of MEP Martin Schulz (D, Socialist group), the European
Parliament's Subcommittee for Human Rights discussed the situation of the
Papuans in West Papua (Indonesia) briefly in their meeting of September
1996. The subcommittee decided to look further into the situation on the
basis of more background information to be provided by the subcommittee
secretariat.
At the November 26 meeting the secretariat distributed a document "Human
rights in West Papua (Irian Jaya)." The document, mainly based on NGO
information, gives a fairly good background of the human rights situation
in West Papua. However, the voice of the Papuans themselves is not
reflected in this document. Nor does the document include recommendations
for action to be taken by the European Parliament.
The Papuan Peoples Foundation was pleased with the document, although it
is in their view too much written from within the Indonesian context. The
Foundation is arguing that West Papua does not form a part of Indonesia
and therefore has its own context. Furthermore, the Foundation wished that
the root causes of the problem would have been emphasized much stronger.
The paper should have put more attention to the one and only solution to
the West Papuan issue: the granting of the right to self-determination to
the Papuan peoples.
~ EP, Sub-Committee on Human Rights: Human Rights in West Papua (Irian
Jaya)
Convention on Biodiversity and Indigenous Peoples
On October 15, the Council adopted a Conclusion on the Third Conference
of the Parties (CoP3) to the Convention of Biological Diversity (CBD)
which took place at Buenos Aires from November 4 to 15.
A crucial article with regard to indigenous peoples is article 8, that
deals with In-Situ Conservation. Paragraph 8(j) covers the traditional
knowledge, innovations and practices of indigenous peoples and local
communities relevant for the conservation and sustainable use of
biodiversity. Indigenous and local communities have been mentioned under
two headings in the Council Conclusion. The Council affirmed the important
role of forests on all levels of conservation of biodiversity. Recognising
the ongoing forest destruction on a global level, it wished to establish a
dialogue between the CoP and the Intergovernmental Panel on Forests (IPF)
to study the "importance of forests for the biodiversity, the relation
between indigenous and local communities and the forests as well as the
just and equal share of benefits that result from the use of resources."
The Council stated further that "the indigenous and local communities have
traditional knowledge which must, in accordance with national legislation,
be respected, maintained, preserved, and remain available for future
generations on the one side and for other communities and other possible
users in the developed as well as in the developing world on the other
side." The Council also recognises that the demand of indigenous and local
communities to obtain an equal part of the benefits resulting from the use
of knowledge, innovations and practices of these communities is legitimate
and insists that the contracting parties implement article 8 of the CBD.
The CoP3 adopted a decision requesting the parties to develop national
legislation to implement article 8(j) in consultation with indigenous
peoples and local communities. It further asked the Executive Secretary to
hold an intersessional workshop with governments and indigenous peoples to
discuss issues related to indigenous peoples, such as traditional
knowledge in relation to biodiversity, current laws, and incentive
measures.
However, the Group of Indigenous Peoples were not satisfied with the
decision taken on art. 8(j) and called for an immediate moratorium on
bioprospecting.
~ Convention sur la Diversit Biologique-
Conclusions du Conseil; 15.10.1996
UN Draft Declaration
In October indigenous peoples' and government representatives met in
Geneva for the UN Working Group on Human Rights to discuss the Draft
Declaration on the Rights of Indigenous Peoples.
After only two days the indigenous participants presented under the lead
of the North American groups a proposal to the chairman, demanding the
State Governments to adopt the existing Draft Declaration immediately and
without changes or amendments. The indigenous peoples argued that they
have spent over ten years to draft this declaration, and even longer to
work towards the development of new standards in international law and
human rights to take into account the rights of Indigenous Nations and
Peoples. Yet, the UN Member States still deny the inherent right of self
determination to indigenous peoples and attempt to diminish the substance
of the Draft Declaration. Only after some negotiations with State
Government representatives the discussions finally went on.
One positive result achieved was that the wording of the declaration has
not yet been opened for redrafting, although governments had announced
that this would be inevitable. Secondly, the Working Group has agreed to
suggest to the Commission on Human Rights (CHR) that modalities of
participation should be discussed at the next CHR meeting in March.
Indigenous peoples then would have the right to participate in the CHR,
which is important as an increasing number of activities takes place at
governmental level of the UN.
The position of the EU countries was divided. While France opposed the
negotiations, Scandinavian countries like Denmark, Norway and Finland took
a positive stand towards the Draft Declaration. Based on this year's
discussions and last year's meeting it can be said that Spain, the UK, the
Netherlands and Germany kept a neutral position on the Draft Declaration.
Pacific Workshop on the UN Draft Declaration
DG VIII funded under the budget line for human rights activities this
year the Workshop on the UN Draft Declaration for Indigenous Peoples of
the Pacific (September 2-6, Suva, Fiji). The main objective of this
workshop was the establishment of a regional caucus for indigenous peoples
and goverments to discuss a common strategy and position of the Pacific
countries on the Draft Declaration. Indigenous peoples' and government
representatives agreed to support the text as drafted by the Sub-
Commission and to resist the efforts by States to undermine the existing
language. With regard to a future strategy the participants decided to
demand the government representative of Fiji participating in the next
meeting to table a statement on the proceedings of the present workshop
and to circulate this statement as an official UN document.
EP-ACP Resolution on Bougainville Reactivated
A recent visit of Martin Miriori, from the Bougainville Interim
Government (Papua New Guinea) to the European Parliament has resulted in
Bougainville being put on the Parliament's agenda again. Several members
of the EP-ACP Joint Assembly, including its Co-President Lord Plumb,
promised Mr Mirirori to re-activate the Joint Assembly's 1992 Resolution
on Bougainville which called for sending a fact finding mission to
Bougainville. The Dutch MEPs Van Putten, Maij-Weggen together with their
Danish colleague Sandbaek showed concern for the recent deterioration of
the situation on the island, and agreed that the Parliament needs to live
up to its commitments, and could indeed play a role in finding a peaceful
and sustainable solution to the conflict.
Parliament Resolution on Mining in the Amazon
In October the European Parliament adopted a Resolution on Mining in the
Amazon, urging the Venezuelan Government not to revoke Decree 269 and
Decree 2552 which prohibit mining and logging activities in the State of
Amazonas.
As reported in the November issue of the EAIP Newsletter, a legalization
of the exploitation of natural resources would affect an area that
includes four national parks, as well as the Upper Orinoco-Casiquiare
Biosphere reserve and which is inhabited by 19 indigenous communities.
The resolution further asks the Venezuelan Government to reform its policy
towards indigenous peoples in conformity with article 11 of decree 3235
from 1983 which guarantees the rights of indigenous peoples to the lands
they traditionally occupy. ~Resolution on Mining in the Amazon (Venezuela)
Yamdena, Indonesia: Logging
Following the visit of Hubertus Samangun from Yamdena, (see EAIP
Newsletter Nov. 96), the European Commission is interested to send a
mission to investigate the ongoing logging activities on the Indonesian
island. The Commission has been working on a substantial forest programme
for Indonesia over the last four years. Recently Mr Arndell from DG IB
indicated in a letter to MEP Anita Pollack (UK) from the Socialist group
that he will investigate the possibilities to look at an environmental/
poverty alleviation programme in the eastern islands of Indonesia and
investigate the possibility for a small preliminary mission to examine
conditions on Yamdena.
~Letter by R Arndell (EC) to MEP Anita Pollack
The European Alliance with Indigenous peoples is an umbrella
organisation of indigenous peoples' support groups. It advocates the
recognition of indigenous peoples and their rights towards the
institutions of the European Union and lobbies for the integration of
indigenous peoples issues and concerns in EU policies and practices.
The EAIP Newsletter is a monthly magazine written by Annett Grne and
Wendel Trio and published with financial support from the European
Commission's Human Rights Unit (DG IA). Excerpts of this newsletter may
be used with appropriate citation. The Alliance welcomes contributions on
the issues dealt with in this newsletter.
For further information as well as contributions to this Newsletter
please contact: EAIP, Keltenlaan 20, 1040 Brussels, Belgium, Tel.: (+32-2)
733.36.53, Fax: (+32-2) 736.80.54, e- mail: eaip@gn.apc.org