Indigenous Rights in the Constitutions of Countries in the Americas

Background Information for Amerindian Communities Concerning the Reform of Guyana’s Constitution

Contents Page

A. Colombia 1991 Constitution, selected provisions 4

B. Paraguay 1992 Constitution 6

C. Guatemala 1985 Constitution 7

D. Canada Constitution Act 1982 and Land Claims Settlements 8

E. Brazil: Selected Constitutional Provisions 11

F. Argentina 1994 Constitution, Article 67 12

The following document has been produced by the Amerindian Peoples Association of Guyana to support Amerindian participation in the reform of Guyana’s Constitution. The examples of various Constitutions from the Americas included in this document dealing with Indigenous rights, especially land rights, could be models for including Amerindian land rights in the reformed Constitution of Guyana. This is very important as we believe that if Amerindian rights are to be taken seriously in Guyana and are to receive protection, these rights should be included in the Constitution of Guyana. The Amerindian Act also requires revision because it is outdated and offensive to many Amerindians. Therefore, we believe that it is appropriate that the Constitutional reform process and the revision of the Amerindian Act should be related and that recognition of Amerindian rights in both documents must be based on international human rights standards concerning the rights of Indigenous peoples.

The decision was taken to reform the Guyana Constitution by the Government and the opposition political party, the PNC, after disturbances and demonstrations following the December 1997 general election.. This decision was formalised in the Hermandston Accord, which was negotiated with the help of CARICOM and signed by the leaders of the PPP/Civic and PNC in early 1998. Other political parties have expressed their agreement with reforming the Constitution and this is also supported by other groups like NGOs and the Guyana Council of Churches.

The Constitution, which was written and approved in 1980, needs to be reformed because it is unsuitable for a democratic society and gives the President too much power. Human rights guarantees also need to be added to the Constitution, because the 1980 Constitution does not provide adequate protections. Amerindian rights are not recognised in the 1980 Constitution.

The APA believes that it is very important that Amerindian peoples are fully informed about and involved in the Constitutional reform process because this process may affect our rights and lives. Also, it is very important that the reformed Constitution recognise and protect Amerindian land and other rights. This is important because the Constitution is the highest law of the country and, therefore, all other laws, like the Amerindian Act, and actions of the Government must comply with what the Constitution says. If it says that Amerindian land rights must be recognised and respected, them all other laws and acts of the Government and Government departments, like the Forestry Commission, must recognise and respect Amerindian land rights. Obviously, it is very important that the definition of "Amerindian land rights" used in the reformed Constitution, be one that is acceptable to Amerindians. It is for this reason that we believe that international human rights laws about the rights of Indigenous peoples must be when deciding upon language to be used in the reformed Constitution. Our recommendations for reforming the Constitution are on the next page.

It is very important that Amerindians present a strong and unified position for the inclusion of our rights in the Constitution or we will be ignored by the politicians in Georgetown. We hope that the examples of Indigenous rights in the Constitutions of other countries in the Americas will show that it is very normal for our rights to be protected by the Constitution and that this must also be done in Guyana. We hope that you find this document useful and encourage you to discuss it in your community. If you would like to make any comments about the document, please contact the APA at the address on the from page. We also encourage you to contact the Minister of Amerindian Affairs and tell him that Amerindian rights must be included in the reformed Constitution of Guyana. Please send us copies of any letters to the Minister and we will make sure that Amerindian Members of Parliament receive them as well.

APA Executive Committee

July 31, 1998

The Members of the APA Executive Committee are:

President, David James, Santa Rosa, Region 1

Vice-President, Captain Lawrence Anselmo, Paruima, Region 7

Secretary, Sharon La Rose, Santa Rosa, Region 1

Treasurer, Virgil Ferreira, Jawalla, Region 7

Regional, Captain Tony James, Aishalton, Region 7

Regional, Emelda Jones, Port Kaituma, Region 1

Regional, Gideon John, Paramakatoi, Region 8

Regional, Osmond Joseph, St. Ignatius, Region 9

Regional, Mark Atkinson, Santa Rosa, Region 1

Regional, Captain Anderson Hastings, Kako, Region 7

Regional, Captain Richard Peters, Kaikan, Region 7

Regional, Captain Thomas Charles, St. Monicas, Region 2

Regional, Edgar Antonio, Hobedia, Region 1

Regional, Silverio Edwards, Karasabai, Region 9

There are 81 distinct Indigenous peoples in Colombia comprising approximately 800,000 persons (about 2-3% of the total population), speaking 64 different languages. They live in 27 of Colombia's 32 political subdivisions and are especially prominent in the Amazon, Pacific coast, Sierra Nevada de Santa Marta and Perija mountains, Orinoquia, Guajira peninsula and the Andes mountains.

Colombian legislation concerning Indigenous peoples dates back to the 1890's. Colombia revised its Constitution in 1991, after ratifying ILO 169 in that same year. Although the 1991 Constitutional revision was not based entirely on ILO 169, which was enacted through legislation (Law 21 of 4 March 1991), many of its principles are incorporated in the new Constitution. The 1991 Colombian Constitution is one of the most progressive in Latin America. This is particular so due to the incorporation of the concept of territoriality or territorial rights, self-government and autonomy.

Article 246, 287 and 330 provide that Indigenous territories (Indigenous Territorial Entities), are self-governing, autonomous entities, authorised to devise, implement and administer internal social, economic and political policies. These territories exercise jurisdiction in accordance with Indigenous (customary) law and are considered to be of equal legal status to districts and departments within the overall political framework of the Colombian State.

Indigenous rights to lands and territories are collectively held, inalienable and not subject to seizure (Arts. 63, 286, 329 and 330). Titles to the lands attach to reservas or resguardos which form a part of the various Indigenous Territorial Entities. There are presently more than 250 Indigenous owned reservas or resguardos in Colombia. Indigenous self-governing, territorial entities are also authorized to participate in the management and conservation of natural resources within their territories and to participate in any resource exploitation projects initiated by the State. Additionally, these programmes must account for any negative, social cultural and economic impacts that may be experienced by the people(s) concerned and include contingency and remediation plans (Art. 330). This should also be read in connection with Articles 79 and 80 which recognize a right to a healthy environment and the environmentally sustainable use of natural resources, including a right to participate in all decisions that may affect the environment. A law authorized by Art. 329 of the Constitution (The Organic Law of Territorial Order) that will regulate the demarcation of Indigenous Territorial Entities is presently under consideration.

The 1991 Constitution also recognizes various social and cultural rights in addition to those provided for by the autonomy and self-government provisions. It specifically recognizes that Indigenous languages are the official languages within Indigenous Territorial Entities (Art. 10); provides for culturally appropriate, bilingual education (Art. 68); special rights to cultural heritage, including joint management of archeological sites (Art. 72), and for rights to maintain contact with Indigenous peoples separated by international borders (Art. 96).

Article 171 of the 1991 Constitution guarantees Indigenous participation in the National Congress, the highest legislative body in Colombia. It provides for the election by Indigenous communities of two Indigenous representatives to sit in the Congress. These members must be persons who previously held positions of authority within Indigenous communities or in Indigenous organizations.

Article 7. The State recognizes and protects the ethnic and cultural diversity of the Colombian Nation.

Article 8. It is the State's obligation, as it is of the people, to protect the cultural and natural wealth of the Nation.

Article 10. Spanish is the official language of Colombia. The tongues and dialects of the ethnic groups are also official in their territories. The hope is conveyed that the communities with traditional languages of their own will become bilingual.

Article 55. The ownership by black communities [including cimmarones or Maroons] of their ancestral possessions is recognized . . . .

Article 63. Goods for public use, natural parks, communal lands of ethnic groups, resguardo lands, the archeological patrimony of the Nation, and other goods determined by the law, cannot be sold, mortgaged or taken.

Article 68. ... members of ethnic groups will have the right to organize and develop their cultural identity.

Article 96 (section 2c) The members of indigenous communities that share frontier territories, with application of the principle of reciprocity according to public treaties [if neighbouring states also recognize the right of Indigenous communities to maintain contact across borders, this will be facilitated by negotiation and conclusion of a treaty between Colombia and the neighbouring State, Ed. Comment].

Article 246. The authorities of Indigenous peoples can exercise jurisdictional functions within their territorial ambit, in conformity with their own norms and procedures, but always insofar as they are not contrary to the Constitution and laws of the Republic. The law will establish the forms of coordination of this special jurisdiction with the national justice system.

Article 329. The conformation of the Indigenous territorial entities will be subject to the approval of the Organic Law of Territorial Order, and its delimitation will be through the National Government, with participation of the representatives of the indigenous communities, a prior conception of the Commission on Territorial Order.

The resguardos are collective property and are not transferable. The law will define the relations and coordination between these entities and those of which they form a part.

Paragraph: In the case of an indigenous territory that is composed of territory from two or more departments, its administration will be by the indigenous councils in coordination with the governments of the respective departments. If this territory should decide to constitute itself as a territorial entity, it will be through compliance with the procedures established in the first sentence of this article.

Article 330. In conformity with the Constitution and its laws, the indigenous territories will be governed by councils and regulations formed in accordance with the uses and customs of their communities and exercising the following functions:

1. To watch over the application of legal norms with respect to the use of land and population of their territories.

2. To design the policies, plans and programmes of economic and social development in their territories, in harmony with the National Plan of Development.

3. To promote public investment in their territories and to watch over its responsible execution.

4. To observe and distribute their resources.

5. To watch over the preservation of their resources.

6. To coordinate programmes and projects put forward by the different communities in their territories.

7. To collaborate with the maintenance of public order within their territory in accordance with the instructions and dispositions of the National Government.

8. To represent the territories before the National Government and the remaining entities in which they are integrated; and

9. Those functions as directed by the Constitution and by law.

Paragraph: The exploitation of natural resources in the indigenous territories will be without the impairment of cultural, social, and economic integrity of the indigenous communities. In decisions that are adopted with respect to said exploitation, the Government will create a favourable atmosphere for the participation of the representatives of the respective communities.

The Indigenous population of Paraguay is approximately 100,000 persons amounting to approximately 4% of the population of Paraguay. They are drawn from 17 distinct Indigenous peoples living mostly in the Eastern and Western regions of the country.

The 1992 Paraguay Constitution came into effect June 22, 1992. Chapter V of the Constitution is entitled 'Indigenous peoples.' Chapter V expands and raises to Constitutional status the rights of Indigenous peoples previously recognized in Law 904/81 of 1981. In particular, the 1992 Constitution strengthens the protection of Indigenous culture and identity and defines Indigenous peoples as peoples. It also reaffirms and strengthens the protection of Indigenous land rights and importantly entrenches these rights in the Constitution, and explicitly recognizes in Article 63 the application of Indigenous (customary) law provided that it does not conflict with human rights standards contained in the Paraguayan Constitution.

Article 62. On Indigenous Peoples and Ethnic Groups - The Constitution recognizes the existence of the indigenous peoples recognized as cultural groups that preceded the formation and organization of the Paraguayan State.

Article 63. On Ethnic Identity - The right of indigenous peoples to preserve and develop their ethnic identity in their respective habitats remains recognized and guaranteed. They have the right, similarly, to apply liberally their systems of political, social, economic, cultural and religious organization, as well as the voluntary subjection to the customary norms for the regulation of daily internal matters, inasmuch as these do not contradict the fundamental rights established in this Constitution. Jurisdictional conflicts will be decided taking into account indigenous customary law.

Article 64. On Communal Property - The indigenous peoples have the right to the communal property of their land, in extension and in sufficient quality for the conservation and development of their particular forms of living. The State will provide free of charge these lands, which cannot be seized, transferred, sold, leased, or mortgaged, nor used to guarantee contractual obligations; they are also exempt from tribute.

Relocation from their lands will not be permitted without the indigenous peoples express consent.

Article 65. On the Right to Participation - The right of indigenous peoples to participate in the economic, social and political life of the nation is guaranteed by this Constitution and the national laws in accordance with their customary uses.

Article 66. On Education and Attendance - The State will respect the cultural particularities of the indigenous peoples, particularly in reference to formal education. It will attend to the defense of the indigenous peoples against demographic regression, the depredation of their habitat, the contamination of their environment, their economic exploitation, and their cultural alienation.

Article 67. On Exemption - Members of indigenous communities are excused from performing social, civil and military services, and from public obligations established by law.

Indigenous peoples (Mayan) and Tribal peoples (Garifuna) comprise more than half and possibly as much as two thirds of the population of Guatemala. Despite their numbers, they have suffered and continue to suffer from severe and numerous human rights violations, including mass exterminations that in part caused hundreds of thousands of Indigenous people to flee to refugee camps in neighbouring Mexico. They are barely represented in the national government, which is dominated by non-Indigenous people.

Article 58 - Cultural Identity. The right of peoples of communities [Mayan and other Indigenous peoples] to their cultural identity, in accordance with their values, languages, and customs, is recognized.

Article 66 - Protection of Ethnic Groups. Guatemala is formed by diverse ethnic groups, among these figure the indigenous groups of Mayan descent. The State recognizes, respects, and promotes their forms of living, customs, traditions, forms of social organization, and the use of indigenous languages and dialects, and the wearing of indigenous costumes among men and women.

Article 67 - Protection of Indigenous Lands and Agricultural Cooperatives. The lands of cooperatives, indigenous communities or whatever other forms of communal tenancy or collective agrarian ownership, as well as the family patrimony and popular living will enjoy the special protection of the State and preferential credit and technical assistance that guarantees their possession and development, toward the end of assuring all inhabitants a better quality of life.

The indigenous communities and others that have land that historically belongs to them and has been administered in a special traditional form, will maintain this system.

Article 68 - Lands for Indigenous Communities. Through special programmes and adequate legislation, the State will provide state lands to the indigenous communities that need them for their development.

Article 76 - Education System and Bilingual Teaching. The administration of the educational system must be decentralized and regionalised.

In the schools established in zones of predominant indigenous population, teaching should be imparted preferentially in bilingual form.

The provisions of the 1982 Canada Constitution Act repeated here are not extensive. Consequently, a short explanation of their importance is required. First, it should be borne in mind that as in most other countries, the Constitution Act is the highest law of Canada and, therefore, any law that conflicts with the Constitution, at least to the extent that it is inconsistent with it is invalid (Constitution Act, Section 52(1)).

There are two main points that we would like to make about Section 35 of the Canadian Constitution Act: 1) the recognition of aboriginal title (or as defined by the Brazilian Constitution "original rights," see below) and treaty rights; and, 2) the negotiation and constitutionalization of land claims settlements in Canada.

Like other "European settler" states (those States which are founded upon an immigrant population and the laws of the colonial power), Canada claimed ownership of all land within its borders on the basis of the international legal doctrine of discovery. This doctrine, which was created by Europeans to justify acquisition of colonies, basically states that a colonial power acquires sovereignty, underlying title to the land and the exclusive right against other colonial powers to confiscate or purchase Indigenous lands because it was the "discoverer". This is true despite the fact the Indigenous peoples had been self-governing, sovereign, owners of their land before "discovery" by a colonial power.

English common law, which became applicable in Canada from the moment of discovery,

holds that despite the British Crown (now the Canadian government), holding underlying title to the land, that Indigenous peoples maintain a legal interest in the land and the use of its resources absent explicit intent of the part of the crown or government to extinguish or take away those rights. This was recognized by the Supreme Court of Canada in the 1973 Calder Case, which found that Indigenous peoples in Canada could claim communal title to their ancestral lands based upon, among others, traditional occupancy and use. Aboriginal title or continuing rights to land and resources predating colonial intervention has also be recognized in Aotearoa-New Zealand, the United States, Australia, other former-British colonies and in a modified form by certain Latin American countries (we mentioned Brazil earlier). Guyana is also a common law country.

Prompted by the recognition that the Supreme Court’s decision in the Calder Case would result in the Courts being overloaded with aboriginal title claims and uncertainty as to the precise content of aboriginal title rights, the Canadian government issued a statement saying that it was open to entering into formal negotiations with Indigenous peoples in order to settle outstanding (non-extinguished) land claims. As defined by the 1982 Constitution Act, Section 35(3), future land claims settlements are considered to be treaty rights for the purposes of the protections provided under Section 35(1). The reference to treaty rights beyond the context of land claims settlements refers to the treaties signed between Indigenous peoples and Canada in the second half of the 19th Century, by which Indigenous peoples agreed to exchange some of their land and other rights for guaranteed rights defined by treaty. Canada pursued this policy of treaty making as a way of freeing up land in Western, Central and Northern Canada for settlement by Europeans. These treaties extinguished or ended aboriginal title claims in the various treaty areas - in total there are eleven treaty areas in Canada.

Canadian government policy has divided land claims settlements into two categories:

1) comprehensive claims, which are based upon aboriginal title and which have not been addressed by treaty or other legal means (primarily legislation);

2) specific claims, which are related to alleged non-compliance with treaty rights, other lawful obligations or the improper administration of Indigenous lands or resources under the 1876 Indian Act and subsequent amendments.

According to the Canadian government, the purpose of land claims agreements is "to negotiate modern treaties which provide clear, certain and long lasting definition of rights to lands and resources. Negotiated comprehensive claims settlements provide for the exchange of undefined Aboriginal rights for a clearly defined package of rights and benefits codified in Constitutionally protected settlement agreements" (Department of Indian and Northern Affairs, Canada, Federal Policy for the Settlement of Native Claims 1993, p.i). This could be a model to be used in Guyana as well.

Since the 1973 announcement of the land claims settlement policy, a number of claims settlements have been concluded. Of particular note are: James Bay and Northern Quebec Agreement (1975), the Northeastern Quebec Agreement 1975, the Inuvialuit Final Agreement (1994), the Gwich’in Comprehensive Land Claim Agreement (1992) and the Nunavut Land Claim Agreement (1993). Others are in the negotiation process. The government has also committed itself to negotiating separate self-government agreements that define the political rights and freedoms of Indigenous peoples.

The Nunavut Land Claim Agreement is especially interesting in part because in many ways it complies with or comes close to international standards, especially the UN draft Declaration on the Rights of Indigenous Peoples. The text of the Agreement is too long to reproduce here, but we will attempt to describe it in outline. The negotiation of the Nunavut Agreement took 16 years (1976-1993). It has made the Inuit (Eskimos) of Northwest Canada the largest private landowners in North America and established a new political territory in which the Inuit are in the majority within the larger political framework of the Canadian state - Canada is divided into a number of provinces and territories each with their own governmental authorities and jurisdiction, with a weak federal or national government.

The Agreement itself can be divided into two main and overlapping categories of rights: 1) territorial and 2) self-determination or self-government. We will begin with territorial rights.

Under the Agreement, the Inuit ownership and use of their traditional lands is recognized. The area covered under the Agreement amounts to 2.2 million square kilometers of which the Inuit hold surface title to 350,000 square kilometers or (18%), subsurface title to 36,000 square kilometers (or 2%) and rights to rights to hunt and fish and do other traditional economic activities over the entire area, including the ocean and sea-ice. The Federal government of Canada will also pay the Inuit 1.1 billion Canadian dollars over 14 years in compensation for lost Inuit land and other rights (see, Article 27 of UN draft Declaration as related to compensation). In exchange the Inuit agree to surrender all future claims to Indigenous lands or waters anywhere in Canada. Many Indigenous peoples in Canada have been opposed to the requirement that all future claims to Indigenous land and other rights are extinguished by land claims settlements. Despite the government’s decision not to insist on this in every case, it still remains a serious problem for many Indigenous peoples in Canada.

Full ownership rights to Inuit titled land may not be sold to anyone other than another Inuit organization or the Federal government. The restriction was included to ensure that the Inuit did not lose their lands or sell them off in times of financial hardship. With regard to the exploitation of mineral resources, it should not go unnoticed that the Canadian government maintained rights to over 98% of the subsurface of the area covered by the Agreement. However, the 2% chosen by the Inuit contain over 80% of the areas known deposits of gold, diamonds, copper, silver, lead and zinc. Additionally, the Inuit will receive royalties on private and government mineral exploitation operations - 50% of the first 2 million of mineral exploitation royalties on rights held by the federal government of 5% thereafter.

The Agreement also established a system of land and resource management boards or councils that incorporate the full participation of the Inuit (4 members are Inuit, 4 from the government and 1 is independent acting in the public interest) in safeguarding land and resources for future generations. The boards must conduct all their hearing in the prevalent Inuit dialect used in the area. These boards, although in certain case subject to approval from relevant government departments at a minimum provide the Inuit with a substantial measure of participation in land use planning, environmental and wildlife management and resource exploitation. With regard to environmental damage the Inuit may hold developers and other liable for all environmental damage regardless of fault and require that just compensation be paid for all and any damages. Furthermore, Inuit religious and archeological sites must be protected and the Inuit may control what happens to archeological artifacts

We will now turn to the category of self-determination. Articles 3 and 31 of the UN draft Declaration recognize Indigenous peoples’ rights to self-determination, autonomy and self-government. These article do not, however, define the manner in which these rights are to be implemented allowing for flexibility to account for different circumstances and the freely chosen exercise of those rights by the peoples concerned. The Agreement states that a new political territory equal to other provinces and territories in Canada will be created and formally recognized in 1999. The Agreement and the political accord signed at the same time provide for the creation of an Implementation panel comprising two Inuit, one government and one territorial representative.

The territorial government of Nunavut, which is to be decided upon with the full participation of the Inuit, is to have an elected body of representatives which the Inuit, by virtue of being over 80% of the population, will control. This body, subject to overlapping federal government jurisdiction will be the primary law making and enforcing body in the territory. It will also be able to nominate representatives to participate directly in national level political discussions.

In conclusion, the Nunavut Agreement, although deficient in certain areas, does comply with some international standards contained in the UN draft Declaration and certainly complies if not exceeds those contained in the OAS Proposed Declaration and ILO 169. It is important to note that the very general and minimal provisions of the 1982 Constitution Act, at least as compared with some other Constitutions, especially in Latin America, do incorporate and protect by reference many elements of Indigenous rights, at least insofar as they are recognized by Canadian law and to the extent that Canadian law complies with international standards. Both Aboriginal and treaty rights and land claims settlements as "modern treaties" and as defined by section 35(3) are protected by the Constitution.

Article 176. Mineral deposits, whether exploited or not, and other mineral resources and energy sources to which the caput of this article refers may only be done upon the authorization of concession by the Union, in the interest of the nation, by Brazilians or Brazilian companies with national capital, according to the law which shall establish specific conditions when these activities are conducted in border areas or on indigenous lands.

Section I. On Education: Article 210. (2) Regular basic instruction shall be given in the Portuguese language, with the indigenous communities being guaranteed the use of their mother tongues and their own learning process.

Section II. On Culture: Article 215 (1). The State shall protect manifestations of popular, indigenous and Afro-Brazilian culture, and those of other groups who participate in the national cultural process.

Article 231. The social organization, customs, languages, beliefs, traditions and original rights of Indians on the lands they traditionally occupy are recognized, the Union being bound to proceed with demarcation of these lands and to protect and enforce respect for all their property.

1. The lands traditionally occupied by Indians are those which they inhabit permanently, those which they use for their productive activities, those which are indispensable to the preservation of the resources of the natural environment necessary for their well-being and those which are necessary for the physical and cultural reproduction according to their usages, customs and traditions.

2. The lands traditionally occupied by Indians are intended for their permanent possession, with the right of use of the wealth of the soil, watercourses and lakes being reserved for them exclusively.

3. The use of water resources, including energy potential, prospecting and exploitation of mineral wealth on indigenous lands may only be realised with the authorization of the National Congress, the affected communities being consulted and their participation in the proceeds of this exploitation assured according to the terms established by law.

4. The lands mentioned in this article are inalienable and unavailable and the rights to them are indefeasible.

5. The displacement of indigenous groups from their lands is prohibited, except ad referendum of the National Congress, in case of catastrophes or epidemics which endanger their population, or in the interest of the country’s sovereignty, after deliberation of the National Congress, their immediate return being guaranteed, no matter what the hypothetical situation, once the risk is gone.

6. Acts with the object of occupation, ownership and possession of the lands to which this article pertains or exploitation of the natural wealth of the soil, watercourses and lakes found therein, are null and void, producing no legal effect, with the exception of those concerning the public interest of the Union, as will be provided in a complementary law, the annulment and extinction of these acts not giving rise to any right of compensation or recourse against the Union, except, under the terms of the law, for investments resulting from occupation in good faith.

[7 deleted]

Article 232. Indians, their communities and their organizations are legitimate parties to appear in court in defense of their rights and interests, the public ministry being bound to intervene in all the records of the trial.

Note the explicit recognition of the right to participate in decisions related to "the use, administration and conservation of natural resources."

Article 67. The State recognizes concurrently with the provinces, the preexistence of the Indigenous peoples that make up the Argentine nation, guaranteeing respect for their ethnic and cultural identity, the legal status of their communities, the possession and communal ownership of lands that they traditionally occupy; making available sufficient and suitable land for their human development, which will be inalienable and not subject to seizure; assure their access to bilingual and intercultural education; and their participation in decisions regarding the rational use, administration and conservation of natural resources; in the development of their interests, and in national life.