STATEMENT BY THE AMERICAN INDIAN LAW ALLIANCE AND THE MULTICULTURAL ALLIANCE FOR A SAFE ENVIRONMENT

Statement by the American Indian Law Alliance and The Multicultural Alliance for a Safe Environment

Presented by: June L. Lorenzo

Expert Mechanism on the Rights of Indigenous Peoples - 5th Session, Geneva

9-13 July 2012

Agenda Item 4: Follow up on Thematic Studies and Advice:

FOLLOW-UP REPORT ON INDIGENOUS PEOPLES AND THE RIGHT TO
PARTICIPATE IN DECISION-MAKING' WITH A FOCUS ON EXTRACTIVE INDUSTRIES

Introduction and congratulations to Chair and Vice-Chair

This statement is given on behalf of the American Indian Law Alliance, the Multicultural Alliance for a Safe Environment, and Haudenosaunee of Kanehsatake'

At this moment we are forced to deal with the prospect of renewed uranium mining near indigenous lands. while two native nations have adopted legislation that prohibits further uranium mining or places a moratorium on mineral extraction, many of these projects are proposed for lands that we traditionally occupied but are no longer within our jurisdiction. Much of the area proposed is on national forest lands or other public lands. In the United States, the 1872 Mining Act gives these companies a right to extract minerals. This is the context from which we address this agenda item. Today, at a side event on uranium Mining in the American Southwest, we will present more information on these issues.

First, we appreciate the fact that EMRIP agreed to undertake the follow-up report on Indigenous peoples and the Right to Participate in Decision-making with a focus on Extractive Industries. In this and other UN fora we have heard many accounts of how indigenous peoples have been displaced from their lands because of outright theft by extractive companies or due to such environmental devastation that the lands are no longer inhabitable. Thus this follow-up report and the final report will be critical UN documents for use by indigenous peoples, for those who may chose the path of resource extraction, but more importantly for those whose fundamental beliefs do not support extraction.

we have also taken note of the work on the Special Rapporteur on the same topic and look forward to reading his report later this year. As well, we appreciate the efforts taken by the Permanent Forum.

However, we have some concerns about portions of the follow up report. A key portion of your reports is the International Legal and Policy Framework. It is critical that special attention be paid to coordination with the Special Rapporteur to elaborate this section. It is not an overstatement to say that the lives of millions of indigenous peoples can tum on an interpretation of international law and Policy.

EMRIP's follow up report also contains Advice No. 4. This too can be invaluable for indigenous peoples. we have some concerns about the language used- or omitted. In particular, paragraphs 6 and 7 under item B. appear to limit the advice to situations where indigenous people currently own, use, develop and control land, territories and resources under their own indigenous laws near or on which extractive industries take place or are proposed to take place. 

This advice would limit the rights contained in Articles 25 and 26 of the UNDRIP. Article 25 provides that indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, teritories, waters, and coastal seas and other resources. Article 26 paragraph I uses the same language. Let us explain why this concerns us.

In an area known as the Grants Mineral Belt, in the Southwestern United States, our footprints are everywhere as our people have traditionally owned or otherwise occupied these lands.

Archaeological sites and many unmarked sacred sites dot the entire area proposed for mineral development. Yesterday, Mr. Chair, in your opening comments, you mentioned situations in which "A company with a footprint in indigenous areas should develop a policy to address how it engages with indigenous peoples." However in our part of the world, and we are not unique in this regard as indigenous peoples, it is our footprints that the mineral companies must be cognizant of. However, due to a history of land theft and displacement, our people have not had access to these lands for years. Advice 3.6 in the follow up paper, as drafted, would limit protection to lands which indigenous peoples currently use, which is not the case for indigenous peoples in this part of the world.

Second, Mr. Chair, the advice given on the Conclusion, paragraph 3, which addresses "practical advice for indigenous peoples" contains language that is limited to the choice to "develop" or extract their resources. The paragraph suggests that indigenous peoples can "play a positive role in sustainable development by asserting their human rights relating to extractive industries." We maintain that this report is not complete without a statement regarding indigenous peoples' assertion of their right not to extract or develop resources if they so choose. Indeed, a good practice in many cases would be to respect the right of an indigenous people to protect lands to which they have a centuries old relationship and not undertake extractive activity.

Time permits us to highlight only these two concerns, but we urge this Mechanism to take the time needed to finalize a report that is consistent with the UNDRIP and other international law, and helps to positively implement the Declaration. Again we wish to underscore the complementarity of the Expert Mechanism, the Special Rapporteur and the Permanent Forum as the United Nations mechanisms mandated to deal specifically with indigenous peoples issues.

We believe that their continued collaboration and coordination in promoting the rights of indigenous peoples will strengthen these UN institutions and benefit all indigenous peoples. In the Grants Mineral Belt, numerous mining companies are seeking to reopen uranium mines, many of which were left unreclaimed in the early 1980's. 

Many of our peoples continue to suffer from what are known as legacy issues: environmental devastation, including contaminated water and thousands of acres of land that is toxic because hundreds of mines are not reclaimed, as well as illnesses related to radon contamination of former miners and their families. Also impacted are many, many sacred sites that are essential tof the very identity ofour peoples. In their efforts to protect their lands, water and people, a Navajo community has filed a petition before the Inter American Commission on Human Rights. Additionally Acoma Pueblo and Laguna Pueblo are engaged in litigation with uranium companies over protection for Mt Taylor.

We can and will continue to engage in these struggles using the current law, but without recognition of our fundamental human rights, we will continue to experience systemic discrimination.

In closing, we urge this Mechanism to address these issues in the follow up report and take the time necessary to finalize a report that will be useful to indigenous peoples who oppose extraction of resources as well as those who opt for resource development'.

We wish you well in your work on behalf of indigenous peoples.

http://www.minesandcommunities.org/article.php?a=11806

Penulis : Drs.Simon Arnold Julia Jacob