This brief paper sets out the basic position of the Amerindian Peoples Association on a number of issues of concern to the organisation and the Amerindian communities it represents. It is a preliminary statement that will be elaborated upon in the future. While there are many issues of concern to Amerindians, we have chosen to focus here on only one: the establishment of a mechanism to address outstanding Amerindian land rights issues. We also propose herein our vision of how Government and Amerindians may work together to develop and implement a constructive relationship that will support further efforts to address issues of concern to Amerindians.

At the outset, we want to make it clear that the APA has no interest in confrontation. We believe that we have been forced to take positions that may be perceived as confrontational because of lack of dialogue, an absence of mechanisms that permit dialogue, and a perception that those who hold power are not interested in meaningful dialogue on Amerindian issues.

It is our firm belief that only through dialogue, partnership and cooperation based on mutual respect can progress be made in addressing Amerindian issues. For too long have we been told what is best for us by Government and others. We can no longer accept this; we must be able to exercise our rights to fully participate in and agree to all activities that affect us and to determine for ourselves the future well-being, development and survival of our peoples. This is not only our right but also our duty as guardians of the interests of future generations of Amerindians, as our ancestors were our guardians before us. We hold our lands and the environmental integrity of those lands in trust for future generations: we cannot nor will we betray that trust.

Our land and resource rights are chief among our concerns as these lands and resources are the foundation of our cultural and physical survival and have been so since time immemorial. Recognition of our rights to our lands and resources is not only related to our economic security, but is also fundamentally and inextricably related to our rights to cultural integrity, to be free from discrimination and to religious and spiritual freedom.

These rights are recognized in international human rights treaties ratified by Guyana. The International Convention on the Elimination on All Forms of Racial Discrimination, ratified by Guyana in 1978, is one such treaty. In an authoritative interpretation of state obligations under the Convention in 1997, the Committee on the Elimination of Racial Discrimination unequivocally stated that:

It is abundantly clear that failure to do the preceding constitutes racial discrimination under the Convention.

In order to address the many outstanding Amerindian land rights issues in Guyana, we propose that a mechanism be established that will provide for freely negotiated settlements to all outstanding Amerindian land issues. Such mechanisms exist presently in Canada, Australia, Aotearoa-New Zealand and elsewhere. In all cases these mechanisms incorporate the full and free representation and participation of the affected Indigenous peoples and lead to negotiated and mutually acceptable settlement agreements guaranteed and protected by law. We ask nothing more for Guyana and firmly believe that this will benefit not only Amerindians but also the Guyanese people, of whom we are part, as a whole.

We understand that many of the issues implicated in such a land claims settlement procedure are new in Guyana and therefore, discussion at all levels is needed to determine the best way of developing such a system in Guyana. Consequently, we propose as a preliminary step that the Government commit itself to hold a series of preliminary meetings, attended by Government officials, donors and the freely chosen representatives of Amerindians, at which discussions shall take place on how such a procedure may be established and implemented in Guyana.

We note in this context that the experience of other countries in settling land claims should be an important part of this discussion. In particular, we propose and strongly urge that the Government of Canada be asked to both assist and participate in these meetings. It has had almost 30 years of experience in operating a land claims settlement procedure. Also, a joint Task Force comprised of Government and Indigenous peoples recently concluded a multi-year effort to evaluate and improve this procedure. The Co-Chairmen of the Task Force, Mr. Roland Pangowish of the Assembly of First Nations and Mr. Dan Kohoko of the Canadian Government, would be ideal persons to provide some insight into the Canadian experience. Former Justice Thomas Berger is also eminently qualified to provide his perspective as a former member of the judiciary on the Canadian process.

At the international level, in 1996, the United Nations organised an Experts Meeting on Indigenous peoples’ land rights and lands claims, which extensively discussed issues relating to procedures for addressing Indigenous land rights. The Secretary of the UN Centre for Human Rights, Mr. Julian Berger, who was integrally involved in this process, could also be invited to participate in meetings on the same subject in Guyana.

A procedure for addressing Amerindian land rights in Guyana is urgently and undeniably needed. Numerous conflicts arise when Government and private persons authorised by Government seek to conduct activities on lands over which Amerindian assert rights. Many of these activities have a substantially negative impact upon the environmental integrity of our lands, lands we depend upon for our survival. Settling the underlying issue of rights to lands will mimimise, if not eliminate, these conflicts, provide security to Amerindians and investors alike, and permit Government greater certainty when making land use decisions. This is for the benefit of all.

Rest assured that we have no interest in or desire to own all of Guyana or even the majority thereof. We seek only recognition and respect of what we know to be ours and nothing more. However, as stated previously, this may only be done through dialogue and negotiation that incorporates the full and free participation and agreement of Amerindian peoples through our freely chosen representatives.

We acknowledge that the present Government has installed a body known as the Task Force to demarcate Amerindian lands, that in the future may address titling and extension of titles. However, this Task Force, and its mandate, were developed and established without any meaningful discussion with Amerindians leaders and therefore represents an imposition rather than a constructive attempt to address the issue. The discussion that took place at Paramakatoi does not constitute adequate consultation or participation as these were preliminary discussions only that took place with the understanding that further talks would be held. These further talks did not take place.

The Task Force has also shown that it neither understands nor is willing to understand Amerindian land rights and perspectives, does not have the confidence of Amerindians and has operated thus far in a manner that is unacceptable to us. The Task Force thus cannot be considered an acceptable procedure for addressing Amerindian land rights and we reject it as much today as we did when we first discovered that it had been created.

In conclusion, we believe that concrete and constructive action is needed to address outstanding Amerindian land issues. For this to happen a participatory mechanism needs to be established through which Amerindians and the State can cooperate and negotiate mutually acceptable settlement agreements. The precise nature of this mechanism, its composition, mandate and powers should be discussed and agreed upon by Government and freely chosen representatives of Amerindian peoples. As a first step, we propose that Government commit itself to hold a series of meetings and/or seminars during which experiences in other countries, Canada especially, and the best manner to proceed in Guyana can be evaluated and discussed.

Turning to other issues we would like to note the following:

In principle, we fully support the aims and objectives of the Guyana National Protected Areas System Project currently pending with the Global Environmental Facility. We are, however, resolute that this project may not violate the rights of Amerindians in any part of Guyana. We fully support the demands of the community of Chenapou and the Patamona people as a whole, that the Kaieteur National Park Act be amended to ensure that the rights of Amerindians are fully recognised and respected. The Order extending the Park was a blatant violation of Amerindian rights, a conclusion accepted by the previous President, who agreed that the Act should be amended. Amendments were submitted, but almost ten months later little progress has been made on enacting the amendments. Five letters have been written to the current President without response.

Directly concerning the NPAS project itself, we note that there is an outstanding proposal to initiate a mediation process to resolve issues of dispute under the project, in particular those involving Kaieteur National Park and the manner in which Amerindian land rights will be addressed at Kaieteur and other areas chosen for protected area status. The Government of Guyana has not responded to this proposal although it was made over a year ago, thereby jeopardizing the project itself. We strongly urge that the Government accept this proposal and move ahead with discussion with Chenapou and the Patamona people. Assuming that an acceptable terms of reference for the mediation proposal are developed, we pledge our full support for and cooperation with this process.

We note with sadness that Mr. Navin Chandarpal and Mr. Doerga Persaud, both of whom are directly responsible for the NPAS project, have not played a constructive role in this project to-date. Both have proven to be hostile to Amerindian rights. For these reasons we urge that these persons be reassigned and replaced with persons who can move the project forward without fomenting conflict and discord.

Revision of the Amerindian Act and other legislation affecting Amerindians is long overdue. The Amerindian Act is a relic of Guyana’s colonial past in large part based upon a 1902 Ordinance. It is deeply offensive to Amerindians and almost entirely incompatible with Guyana’s international human rights obligations. The State Lands (Amerindians) Regulations, made under Section 41 of the State lands Act are identical to regulations of the same name issued in 1910. Other legislation is equally outdated and in need of revision.

It was proposed that the Amerindian Act be amended in 1988 and a draft Bill was produced. The Act was not amended at that time however. Five years later, in 1993, on the motion of an Amerindian Member of Parliament, Parliament unanimously resolved to amend the Act and established a Select Committee to do so. Since 1993, however, the Select Committee has not made a single recommendation, not made a single report, not one sentence has been written concerning revision of the Act. Furthermore, the Committee did not, and presently does not, incorporate the participation of Amerindians freely chosen by Amerindians. This is unacceptable; any changes to legislation that do not incorporate Amerindian participation are an imposition, nothing more, nothing less. We believe that revision of the Amerindian Act must take place with the full and free participation of Amerindians throughout Guyana and we will support any initiative that does so.

We understand that the Fisheries Act is presently under revision and that there is at least one change that will restrict the traditional rights and freedoms of Amerindians. We have neither seen nor participated in the revision of this legislation, even though fishing is a major subsistence activity conducted by the majority of Amerindians in Guyana.

The same may also be said for the Forests Act. While the APA has made a number of statements on this legislation, Amerindian communities have not been directly consulted. Moreover, in its present form, the legislation is substantially incompatible with Amerindian participation rights and suffers from numerous technical and other defects. We have urged that the Guyana Forestry Commission and/or the Department for International Development ensure that there is a full consultation process with Amerindian communities and other interested parties on the Forests Act and that changes be made therein prior to submission to Parliament.

We would also like to have the opportunity to fully participate in the decision making process related to the CIDA funded GENCAP project. This project relates to mining, which has had a devastating impact on many Amerindian communities throughout Guyana. Together with Government and the miners, Amerindians are the most interested parties in efforts to regulate the mining sector, yet we have not been accorded any formal role in the GENCAP project.

The same may also be said of the development of the National Biodiversity Action Plan and other measures related to biodiversity. With the exception of two short meetings, Amerindians did not participate in the development of this Action Plan, despite the fact that Amerindians more than any others in Guyana depend upon the biological diversity of our lands and territories for our basic subsistence and our knowledge of biodiversity is unparalleled. Our rights to our intellectual and cultural heritage must be legally recognised and respected.

We are not per se opposed to upgrading the road between Georgetown and Lethem. Indeed, we thought that the majority of the recommendations made by the ERM Environmental Impact Assessment of 1995 were sensible and appropriate. We understand that the European Union financed a feasibility study on the road upgrade, a report was submitted in December 1999 and that discussions are presently ongoing between Government and the European Union about the possibility of funding for the road. We would like to see the report done by the EU consultants and have the opportunity to comment upon it. Similarly, those communities directly and indirectly affected by the road should also have the opportunity to see the report and make any comments they see fit. Some of these communities have expressed grave reservations about the impact of the road and they must have the opportunity to participate in any discussions relating to it.

Numerous international instruments recognise the vital role that Indigenous peoples have to play in the achievement of sustainable development. These and other instruments, subscribed to by Guyana, also recognise our rights to fully and meaningfully participate in all decisions that may affect us, as well as our rights to our lands and resources. The Charter of Civil Society for the Caribbean Community, adopted by heads of government of the Caribbean Community on February 19, 1997, for instance, declares that "The States recognise the contribution of the indigenous peoples to the development process and undertake to continue to protect their historical rights and respect the culture and way of life of these peoples." We ask no more than this.

How can this be achieved? As noted above, we are firmly convinced that this can and must be achieved through dialogue, cooperation based upon mutual respect and partnership between Amerindians and Government. The APA pledges to work in partnership with Government on any constructive attempt to address issues of concern to Amerindians. We have no desire to be confrontational, unless forced to do so. To the contrary, if provided with the opportunity we would seek to actively collaborate with Government. However, to date we have not been provided the opportunity to do so. This is a call for this type of approach to be adopted, for old attitudes about Amerindians that see us as passive, backward and inferior to be cast aside, that our perspectives, lifeways and world views be respected and for a new relationship to be developed and cultivated.

In addition to a commitment to address land rights in a constructive and participatory way, we propose that a formal joint committee be established that can both advise Government on Amerindian issues and develop joint actions on the many issues affecting us and the nation as a whole. This joint committee will be the first step in establishing a mutually rewarding partnership between Government and Amerindians and an essential step in building confidence and trust between the two parties. It will also be the first step in working towards a mutually agreed upon definition of sustainable development that will carry Guyana forward in this new millennium. We may not always agree and this must be recognized, but we can and should work together.

We have lived here in Guyana for tens of thousands of years, we have walked its mountains, forests and rivers as the great Makonaima did long past when he named those places. It is our home in all senses of the word, we belong to this place and it is our responsibility to ensure that it survives and prospers, because if it does not, we do not. This may only be done through dialogue, mutual respect and partnership. We call upon Government to sit down with us and discuss the future, not next year, not the year after, but now.