Day 2
Tuesday AM, July 23, 2002
Morning Session 10:00 a.m.

Mierna Lukman, Alliance of IPs of Sulawesi Tengah
Many conflicts have happened between IPs and the Government of Indonesia concerning forest utilization privileges (HPH), industry plant forest privileges (HTI), estate cultivation privileges (HGU) and mining domination. IPs who oppose violations of their rights are often violently repressed by the authorities. Accumulative impact of this triggered a demand for self-separation of regions such Aceh, West Papua, Maluku and Riau islands. IPs expressed in the Congress of Indonesian Indigenous Peoples in March 1999, that if the Government does not recognise our existence, we would not recognise the government. Similarly, the Congress of the Sulawesi Tengah IPs in May 2000 upheld the autonomy of IPs in utilization of natural resources. This statement was issued due to accumulated problems. The legal system of Indonesia does not side with them and this harms IPs. Forest damage in Indonesia has reached 72% (1997). A change in the relationship between government and IPs is therefore required. There is a need for political will to change the perception of IPs as retarded, uneducated, isolated and ill-civilized. IPs posses their own self-defense mechanism from threats and damage from the outside world. They also adapted to the outer world, and these mechanisms have been stirred by continuous assault, unfortunately often motivated and committed by government institutions IPs are never involved in natural resource management. They are accused of damaging the forest. The government must recover IPs privileges and uphold the autonomy of IP institutions, to ensure survival. The government’s interference should be as little as possible. Indonesia must be part of international law, developing based on the international covenants of human rights. Indonesia must lead proactively in formulating instruments in international law protecting IPs privileges. Then we can begin a recovery process of nations prestige and dignity by placing our diverse traditions as a source of togetherness in unity.

Yator Kiptum Sengwor, IP Development Project
I am a minority hunter gatherer IP from Kenya also referred to as Cherangany, We live in West Pokot, Trans Nzoia and Marakwet district in the Rift Valley and are facing extinction. The British colonial Government is a root cause of our current situation for they evicted our communities from the arable plains. Our forest habitat was also changed to government forest, and we were evicted. The colonial government forced our people to assimilate. The Cherangany were to surrender tribal identity and merge with the Suk, being subject to Suk Chiefs and Native Law. They gave our ancestral lands to neighboring dominant communities for grazing, and we never got it back. We complained before the Carter Land Commission in 1932 but we never benefited. In Kenya, the land issue is a time bomb. IPs who lost their land did not receive it back after independence. Our ancestral land is now referred to as a cosmopolitan district. Kenya is an independent country for 39 years, but we are still fighting to get back our land and recognition as a distinct ethnic group. Recommends investigation on land violation affecting IPs in Kenya. “Universal and lasting peace can be established only if ti is based upon Social Justice.” Philadephia Declaration of 1944.

Lazaro Pari, Tupaj Amaru
Crucial problems such as permanent sovereignty, equitable development, and self determination have been raised here in the last two decades. We have put these on the agenda, yet IPs are put off and postponed. Neoliberal globalisation has been terrible due to imposed structural adjustments, by the World Bank and the IMF. This most affects the poorest indigenous peoples. Those who resist the neo colonial order such as in Chiapas, the Mayas in Guatemala and the Quechuas and Aymaras in the Andes are persecuted and terrorized. After September 11 the world has changed. Since then we have been living in a climate of tension where terror and violence threaten peace and security. In the confrontation between good and evil, we see the outdated methods and theories from colonial times rehabilitated to target IPs. Racial discrimination and violence can be added to the list. IPs know about violence, terror and discrimination. From the conquest until now we suffered colonial terror followed by state terrorism, and the assassinations and disappearances carried out in the name of State security. We bow to the Mother Earth who has been profoundly wounded and calls for the love of her children. We lament for the victims of New York, but we cry for the children of Iraq, starving due to the sanctions, and for the Palestinians killed by Israel, and for the thousands of Indians who are condemned to a slow death.

Peace lovers, those who believe in equality and justice and abide by the ideals of the UN Charter, we have to fight the logic of war which sees it as the only manner to combat terrorism. We demand the release of Leonard Peltier. We seek a return to the ancient political system of the Americas. Western powers are conducting a war against the underdeveloped countries, the war of the rich against the poor, the colonizers against the colonzed, the self titled “civilized” against those they consider savages and barbarians. State terrorism and racism are a universal blight which has causes and victims. The cause of terrorism lies in economic factors, and the foundations of our system. It is now time the Americas reflect on their policies which affect the whole world. Why are we bent on wounding Mother Earth? Why deny IPs the right to self-determination? Why is the most powerful country in the world refusing to subscribe to instruments of international law? These scourges can create rebellion. It is a mistake to respond to terrorists attacks by hatred against Muslims. An eye for an eye will only lead to superpower tyranny. The tragedy should not lead to legislation to try terrorists behind closed doors without international justice. Lastly, the most worrying is colonized people have already been categorized as terrorists. I would like to observe the fight of the Kurds, the Basques and Colombians have been defined as illegal by the US. Tomorrow you may find human rights activists and defenders on the terrorist list. For these reasons we were obliged not to participate in the first session of the Permanent Forum

Bouba Hawe, AIWO-CAN
Land, education and health is problem in Central Africa. The land issue has been crucial in Cameroons in the last year, with the influx of 5000 refugees from Nigeria. Hundreds lost their life in the conflict between pastoralists and communities who consider them strangers who occupied the grass fields half a century ago. In two months, 4 Mbororo men were arbitrarily arrested and are in prison. They are to face a military court because they protested illegal occupation of their land by rich ranchers who use forces of law and order. The Pygmies suffer the same fate. The advent of the Cameroon Chad pipeline has led to displacement without compensation. The UN has to address land issues or else their budget will just spent on refugee camps rather than development.

Hasegawa Yuki, Ainu Resource Center
The Japanese Government has yet to recognize the Ainu as IPs of Japan. Before rights are granted they want to clarify whether the Ainu are the IPs of Japan – an ignorant attitude. In 1992, the president of the Ainu Association of Hokkaido addressed the opening ceremony of the International Year of IPs at the UN in New York. Since then the Japanese government has questioned whether we are indigenous. Which methods does the government plan to use to determine whether the Ainu are IPs? If the Government fails to address the issue it will put their government representative at the Permanent Forum in an embarrassing position. The 1998 CCPR observations stated the Japanese government must guarantee land and language rights of the Ainu. In 2001, CERD argued for the compensation for the Ainu from hardship due to the Hokkaido Former Aborigine Protection Act. This law has subsequently been acknowledged as discriminatory by the Japanese government. Unfortunately, due to the proposed implementation of a policy “re establishing the traditional life style environment of the Ainu, it has become difficult to broach issues of compensation and land rights. We are concerned since this policy does not address compensation and land rights and makes it very difficult to do so. CERD strongly recommended Japan take measures to ratify ILO convention 169 and carry out improvements in policy based on this. The Ainu strongly support this.

Vladimir Shouku
There are 2200 IPs who are occupied in traditional livelihood. Our organization is involved in Eco tourism, building and repairing housing. We provide fish and wild plants for people of the area. 150 people work in our association, mostly IPs. There are no tax advantages and we lack clear indication of forms of ownership. Land demarcation is not adequate. IP acts are not being implemented. Under the law a community is not an economic entity but a social self rule entity which does not allow economic activity. At present there is an economic program to cut timber in our lands. Fishing also makes it difficult for us to obtain our fish. To adopt legislation on indigenous nature use and to provide quotas for fishing for IPs. This would improve the situation.

Judge Guisse, expert
I speak in order to remind the group of a number of principles. Indigenous existence for us is understood in its links: the link of human beings and the earth to the environment in which we live. The only riches that belong to IPs are in and on the earth. Generally, throughout the earth and in all countries these are the richest places inhabited by IPs. There are resources in the earth and on the earth. The exploitation of these resources has always been done in a manner that causes problems for IPs that have always been kept away from their own land. They do not participate in the resource exploitation phase and even less in the benefits. Unfortunately, they are not even able to claim the advantages. Those that claim right have found themselves at the end of a rope. There are still painful memories of the hanging of the Ogoni people. The only thing they did wrong was ask to be recognized as a people. The responsibilities become clear that the TNCs generate the hangings with the complicity of the leaders of the countries. The same phenomenon has been observed in Central Africa where oil companies systematically pillage resources and ignore the IPs. The recent event of the Burundi people, of Cameroon where there is a system to exploit oil in the region inhabited by the people. In the same situation, the leaders of these peoples are unfortunately arbitrarily arrested, illegally detained and imprisoned with an uncertain future. The situation is becoming worse for these people. Deforestation of forests in Central Africa which is the home of the Pygmie and Batwa and the ancient natural resources are now in a condition of extreme poverty and damage. Mr. Chair, the most serious problem which should be at the center of the new UN policy is that IPs live in the richest lands and are unfortunately now one of the poorest peoples in the world. They are in extreme poverty where only death remains. Despite the enormous riches, there is destruction of the ecological system. The attacks on every opportunity on indigenous peoples for every need. The environment is severely weakened and all of the ecosystem disappear. The regions are overexploited and life is no longer possible. In Africa, we must remember this rapid exploitation is carried out by TNC that obey no rules, standards despite the profits they may gain from exploitation. They only obey the laws of the market. We call upon all consciences to consider rapidly setting up a legal framework in which standards can govern the actions of TNC are currently exploiting these lands. We want binding standards. The UN must develop a framework in which there will be binding standards and penalties. It is very difficult to speak of issue of development of IPs with current system of exploitation. There is issue of self- determination. Exploitation is liquidating and eliminating the IPs. I would not like to speak at any further length. The UN should create a binding code of conduct for TNCs. Much reflection has taken place. We need binding laws immediately. When IPs disappear we will have also disappeared with them.

Mohammed Beddiaf, Association Tagazt
The regions inhabited by the Touareg are behind in development. Although in the last years some oil revenue has been allocated to us by the state to catch up in development, there is visible poverty among the populations near the oil stations. (Land ceded by the state to TNCs for oil exploration). In most development projects, amounts are allocated to improve the standard of living but there is not much positive for the IPs affected, who are rarely consulted on and are excluded from their realisation. The economic disparity has given rise to a movement of social protest, which is viewed with contempt by the authorities, worsening the situation. It has increased economic weakness so families cannot even let children go to school.

Galina Volkova, Association of IPs of the North of the Khabarousk Region
I represent the interest of 24,000 IPs. This is one of the remote regions in Russia and we have been working for 17 years. We have a legal, ecological, youth and traditional medicine center. Our organization was established on the border for the traditional IPs and to take into account IPs perspective. There are problems because there is no federal level law to uphold the lower decisions. General principles for organization: The act of limitation of state property which came into force and the program of limitation will take five years. In this time, we will not be able to implement property rights. State protection of indigenous inhabitants: The threats or disappearances of IPs in Russia is important because there are only 492 and one of 496 people remaining. There must be ratification of convention ILO 169, dissemination of standards for environment, and financing of funds to prevent fires and to combat illegal timber cutting. It would be possible to protect the rights of IPs.

Mamani Nolasco, Consejo Indio de Sud America
I will refer to the gap in the fight for IPs. Rights. They are a majority in the Andean area and are protagonists in the fight for political power. In Qullasuyu, Bolivia, the Ayamara, Quechua, Tupiwarani made a demonstration marching for hundreds of kilometers but their claims were not heard. To make themselves heard they had to block the roads to isolate the cities. Since 2000, the defense of their land and institutions against laws to deprive them further has shaken the foundation of the government stability and challenged the corrupt government caste. The lack of implementation of conditions agreed by the government has led to the uprising of the Bolivian people. The people have begun to understand the solution lies in returning a form of government and life based on allyu and indian traditions, as proclaimed by the Aymara leader of the Confederation of Campesino Workers, Felipe Quispe Huanca. 2 out of the 9 candidates for the 2002 presidential elections were indigenous. Despite fraud, Evo Morales was recognized as coming in second place. With support from Mr Huanca, they have a possibility of presenting a traditional Indian government, supported by part of the non-indian popul