FOREST PEOPLE PROGRAMME
4 February 1997
INFORMATION UPDATE
FRENCH GUIANA: INDIGENOUS PEOPLES CONTEMPLATE LEGAL ACTION TO PROTECT THEIR
LAND RIGHTS
The Federation des Organisations Amerindiennes de Guyane (FOAG) held its
Second Congress in the Kalina community of Awala, 13-15 December 1996. FOAG
is a coordinating body representing more than 20 Indigenous organizations in
French Guiana. French Guiana, a French Overseas Department, lies on the
North-eastern coast of South America, to the North of Brazil and to the East
of Suriname. It is home to a number of Indigenous peoples, some of whom like
the Kalina and Lokono live on the coast, while others like the Wayampi live
along the main rivers of the rainforest interior.
One of the main subjects discussed at the Second Congress was land rights
and the position of the French Government with regard to the recognition
thereof. On the national level, two legal decrees exist in French Guiana
concerning land titling for Indigenous peoples, Maroons and others, but for
a number of reasons they are considered to be of limited utility by FOAG.
One of the most important reasons is that titles issued under the decrees
are subject to taxation. On the international level, the French Government
has consistently been one of the most vigorous and outspoken opponents of
the recognition of Indigenous people's rights. At the United Nations
Commission on Human Rights, which is presently working on a draft
Declaration on the Rights of Indigenous Peoples, the French Government
opposes Indigenous rights on the grounds that the French Constitution states
that all citizens are equal and, therefore, Indigenous peoples may not enjoy
"special rights". In common with other countries it is also opposed to the
recognition of collective rights.
At its Second Congress, FOAG deceided that, although French President Chirac
has taken a more conciliatory stance on land rights since a meeting of
Indigenous peoples from the Americas in Paris in May of 1996, the French
government is not taking Indigenous land rights seriously enough.
Consequently, the Second Congress resolved to establish a legal commission
to examine the feasibility of enforcing land rights through the French legal
system. Given the limitation of French law, it was also decided that option
of utilising the European human rights system must also be examined. Should
the FOAG file a case in the European human rights system, it will be the
first time that Indigenous peoples have used that system, widely regarded as
the best available; to enforce their human right to own and control their
ancestral lands and territories.
Also discussed in connection with land rights, was the French Government's
proposed National Park. This park covers approximately one third of the
country and encompasses the traditional territories of the Wayana, Oyapoc
and Wayampi peoples. As presently conceived, land rights in the park amount
to nothing more than loosely defined "living zones," which are narrow strips
along the major waterways, in which the affected people have use rights.
Also, it is unclear how future regulations relating to the park will affect
the Indigenous peoples living therein and how the extent and impact of
increased tourism will be controlled. The position that FOAG has taken is
that it will not discuss the park until land rights are fully recognized in
accordance with international human rights standards.
For further information please contact the Forest Peoples Programme,
1c Fosseway Business Centre, Stratford Road, Moreton in Marsh, GL56 9NQ, U.K.
Tel: 44 1608 652893 Fax: 44 1608 652878 E-mail: wrm@gn.apc.org
Forest Peoples Programme
1c Fosseway Business Centre
Stratford Road, Moreton-in-Marsh
GL56 9NQ, England
email: wrm@gn.apc.org
tel: +44 (0)1608 652893 Fax: +44 (0)1608 652878
The Forest Peoples Programme is an affiliate of the World Rainforest Movement.