land rights

• Asia home to largest number of indigenous peoples: Activists building a movement in face of attacks

  By Josef Benedict, Civic Space Research Officer

  The 9^th of August, marks International Day of the World's Indigenous Peoples. The day is commemorated in recognition of the first meeting of the United Nations Working Group on Indigenous Populations in Geneva in 1982.

  Asia is home to the largest number of indigenous peoples with an estimated 260 million from the 370 million original inhabitants worldwide. Despite this significant number, equaling half of the combined population of Europe, Asian indigenous peoples face an array of challenges such as the denial of the right to self-determination, the loss of control over their land and natural resources, discrimination and marginalisation, forced assimilation and violent repression by state security forces. 

  While most of the countries in Asia had voted for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in September 2007, many refuse to respect and implement these rights. This has been made more difficult with the shrinking democratic space in many Asian countries and the rise of autocratic leaders. 

  In 2018, the CIVICUS Monitor continued to document human rights violations and state repression against indigenous peoples in the region. In the Philippines, there has been an increase of vilification against indigenous activists under the Duterte government. In March 2018, the Philippines labelled a number of local indigenous rights activists as “terrorists” for alleged links to the Communist Party. This included Victoria Tauli-Corpuz, the UN Special Rapporteur on the rights of indigenous peoples, a Filipino national. 

• AUSTRALIA: ‘Indigenous Australians must be represented at the heart of policy-making’

  CIVICUS speaks about Indigenous peoples’ rights in Australia with Paul Wright, National Director of Australians for Native Title and Reconciliation (ANTaR), a civil society organisation (CSO) that works in solidarity with and advocates for the rights of Indigenous peoples in Australia, including by aiming to change the attitudes and behaviours of non-Indigenous Australians.

  What is the current situation of Indigenous peoples in Australia?

  As soon as colonisation began in 1788, Australia’s First Nations peoples, Aboriginal and Torres Strait Islander peoples, were systematically persecuted and marginalised. They were dispossessed of their lands and denied the rights afforded to settlers or colonisers.

  In 2022, more than 230 years since colonisation began and 120 years after the former colonies federated into the Commonwealth of Australia, Indigenous Australians continue fighting for their rights and to have their sovereignty recognised.

  Through the years, there have been big wins, frustrating disappointments and broken promises from governments. Human rights have been consistently denied or violated. Australia was one of the last nations to ratify the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), and following ratification it has done very little to honour or domesticate the articles of the declaration.

  More positively, the Australian Human Rights Commission includes an Indigenous Social Justice Commissioner whose role is to advocate for the rights of Indigenous peoples and keep Indigenous issues on the agenda of the Australian federal government. The position is currently filled by a Bunuba woman, Dr June Oscar, who is a great source of information on the human rights situation of Indigenous Australians.

  While things are slowly improving, Indigenous Australians continue to have a lower life expectancy, live in poorer health and have worse employment and education outcomes than non-Indigenous Australians.

  The wide health gap between Indigenous and non-Indigenous communities was highlighted by the Close the Gap Campaign, co-chaired by the Indigenous Social Justice Commissioner and the CEO of the National Association of Aboriginal and Torres Strait Islander Health Workers and Practitioners. In response, the Australian government entered into the National Agreement on Closing the Gap with the Coalition of Aboriginal and Torres Strait Islander Peak Organisations, committing to implementing tangible policy reforms. In July 2020 it issued its second Annual Data Compilation Report that tracks the implementation of the agreement.

  Do you think Australian Indigenous peoples are well represented in policy-making processes?

  They are not, so the current political battle in Australia is to make sure Indigenous Australians are represented at the heart of the policy-making that affects them. Aboriginal and Torres Strait Islander people have issued the Uluru Statement from the Heart, an invitation to ‘walk with us in a movement of the Australian people for a better future’. It calls for structural reforms, including constitutional change, to establish a First Nations’ ‘Voice to Parliament’ and kick off a national process of truth-telling and reconciliation. The current federal Labor government has committed to holding a referendum to decide this question. This is a major moment for Australia.

  Since the 1992 Mabo High Court decision, which recognised that a group of Torres Strait Islanders, led by Eddie Mabo, held ownership of Mer (Murray Island), native title has been recognised for all Indigenous people in Australia. In response to that seminal High Court ruling, the government introduced the Native Title Act, and over the next 30 years, 40 per cent of the Australian landmass has been returned to Aboriginal and Torres Strait Islander peoples that have made claims. Not all claims have been successful, however: native title rights are limited and do not entail self-determination at the level outlined in the UNDRIP and other international standards.

  How is ANTaR working to advance the rights of Indigenous Australians?

  ANTaR is a national advocacy organisation that promotes the rights of Aboriginal and Torres Strait Islander people that was founded 25 years ago. We began as a grassroots protest movement to resist government attempts to water down legislation on native title rights. We have subsequently worked alongside many Aboriginal and Torres Strait Islander leaders, organisations and communities to advocate for rights and justice. Our priorities have included health equality, justice, anti-racism, advocacy for a treaty, reconciliation and much more.

  As an ally organisation, we operate under the principle of not speaking for Aboriginal and Torres Strait Islander peoples and instead look to their leadership and direction to channel our resources and support. There are a growing number of solid connections between Indigenous peoples globally, which is encouraging. Australia has learned many lessons from Indigenous affairs in Canada, Norway, New Zealand and elsewhere.

  Civic space in Australia is rated ‘narrowed’ by theCIVICUS Monitor.
  Get in touch with ANTaR through itswebsite orFacebook andInstagram pages, and follow@ANTaR_National on Twitter. 

• AUSTRALIA: ‘There will be little change on First Nations people’s recognition, representation and rights’

  CIVICUS speaks with Peter Lewis, president of Australians for Native Title and Reconciliation (ANTaR), about the recent defeat in areferendum of a proposal to recognise Indigenous Australians in the constitution and create a permanent institution so they can speak directly to government and parliament on matters relating to Aboriginal and Torres Strait Islander peoples.

  ANTaR is a civil society organisation (CSO) that works in solidarity with and advocates for the rights of Indigenous peoples in Australia,conducting independent research and analysis and providing Australians with quality information on priorities concerning First Nations rights.

  What was the process leading to the referendum?

  In December 2010, an Expert Panel on Constitutional Recognition of Indigenous Australians was established and started discussing how to constitutionally recognise First Nations peoples. In January 2012, the panel suggested a new section be added to the Constitution – ‘Section 51A’ – to recognise First Peoples as the original inhabitants of the nation now known as Australia. The federal government later announced that a referendum on the matter would be delayed by two to three years due to an absence of widespread public support.

  In December 2015, a Referendum Council was established and began consultations on how best to establish constitutional recognition of First Nations peoples. A discussion paper was released in October 2016 and articulated the central suggestions for constitutional reform to include a declaration of recognition, a ban on racial discrimination and a First Nations Voice to Parliament, with the right to be consulted on legislation relevant to Aboriginal and Torres Strait Islander peoples.

  In May 2017, a convention at Uluru heard the outcomes from the First Nations Dialogues, with 250 First Nations leaders and representatives in attendance. Despite the generosity of spirit embodied by the Uluru statement, in October 2017 the government of then Prime Minister Malcolm Turnbull outrightly rejected its proposals, breaking is promise of ‘doing things with’ Aboriginal people instead of to them. Turnbull made this decision unilaterally, without any consultation with or regard for the National Congress of Australia’s First Peoples, a national representative body, or members of the Referendum Council.

  In March 2018 the government established another Joint Select Committee that was tasked to again inquire into and report on constitutional change. Its final report endorsed a constitutionally enshrined Voice to Parliament. By the end of 2018, the Labor opposition had promised to establish a Voice for First Nations people and vowed to take the issue of constitutional recognition to referendum if elected to government in 2019.

  On 29 September 2022, the inaugural meeting of the Referendum Working Group and the Referendum Engagement Group discussed the steps to a 2023 referendum on a First Nations Voice to Parliament. The Constitutional Alteration (Aboriginal and Torres Strait Islander Voice) 2023 Bill was introduced to parliament on 30 March 2023. On the same day, a Joint Select Committee was formed to analyse and report on the bill.

  The committee heard from witnesses and published submissions, and recommended that parliament pass the bill without amendment. The House of Representatives passed it on 31 May and the Senate did so on 19 June. This meant a referendum would be called within the next six months.

  A constitutionally enshrined First Nations Voice to Parliament would offer a first step toward structural and symbolic reform, ensuring that Aboriginal and Torres Strait Islanders peoples can have a say about the laws and policies that impact on their lives and communities.

  Who sided for and against?

  The federal leadership of conservative parties – the Liberal and National parties – did not support the referendum. However, there was some support for the Voice within the conservative parties federally and in some states and territories.

  There was also some opposition by a minority of First Nations leaders on the basis that the Voice did not represent an adequate transfer of power and that a treaty should come before any changes to the constitution. But a vast majority of First Nations leaders and organisations supported recognition and voice, as did most civil society organisations and some business organisations.

  ANTaR was active in the Yes campaign and worked with others to establish Allies for Uluru. In October 2022 we initiated a Yes to Voice, Truth and Treaty Campaign.

  The Yes campaign also received support from international CSOs such as Amnesty International and Oxfam, and its measures were supported by United Nations (UN) experts, and specifically by successive Special Rapporteurs on the rights of Indigenous Peoples.

  But the referendum was used by neo-Nazi and QAnon adherents to stoke fear about First Nations peoples’ aspirations.

  What kind of disinformation was circulated?

  The No side of the debate made a number of false claims ranging from the misleading to clear lies. There were claims that the Voice would be a third chamber of parliament and that it would delay all decision making. There were claims that Australians would lose their homes as a result, and that it would enable First Nations people to establish their own military, and even that it would allow the UN to take over Australia. There were claims that the move was legally risky and that it would divide the nation – although currently the federal government can legislate for First Nations people through the ‘race powers’, a constitutional clause that says the government can make special laws for people of any particular race. So the nation is clearly already divided.

  Why do you think the initiative failed, and what will the consequences be?

  In Australia referendums rarely succeed, and in fact have never succeeded without support from all major parties.

  The No case included much disinformation and fearmongering and a majority of the electorate responded negatively. It should however be noted that many inner-city and inner suburban areas, as well as First Nations-dominated remote areas, voted yes.

  Because of this result, there will be little change and First Nations people’s recognition, representation and rights will depend on whoever is in government at the time. First Nations organisations will renew their calls for justice and recognition of their sovereignty and press on issues such as treaty-making, truth-telling and reducing disadvantage by providing greater agency for First Nations communities.

  Civic space in Australia is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with ANTaR through itswebsite orFacebook andInstagram pages, and follow@ANTaR_National on Twitter.

• BOLIVIA: ‘To exercise our rights, Indigenous peoples don’t need anyone’s permission’

  CIVICUS speaks about the struggles of Indigenous peoples in Bolivia with Ruth Alipaz Cuqui, an Indigenous leader from the Bolivian Amazon and general coordinator of the National Coordination for the Defence of Indigenous Peasant Territories and Protected Areas (CONTIOCAP).

  CONTIOCAP was founded in late 2018 out of the convergence of several movements of resistance against the destruction of Indigenous territories and protected areas by extractive projects and the co-optation of traditional organisations representing Indigenous peoples. Initially composed of 12 movements, it now includes 35 from all over Bolivia.

  

  What challenges do Bolivia’s Indigenous peoples face in their struggles for land rights?

  The biggest challenge for Indigenous peoples is the Bolivian government itself, which has become the main agent and source of rights violations, as it does not guarantee compliance with the constitution or protect the rights of its citizens, and particularly those of Indigenous peoples. We are third-class human beings, without rights, and are sacrificed.

  The organisations that used to represent us have been politically subjugated and turned into accomplices and operational arms of the violation of the rights of Indigenous and peasant peoples and nations. The state apparatus is imposing all forms of extractivism on our territories and protected areas: mining, agribusiness and hydrocarbon exploration and exploitation.

  The right to free, prior and informed consultation is being manipulated and turned into a simple administrative process that consists in drawing up minutes and signing forms and allows the participation of groups close to the government, which the government identifies as valid interlocutors even though they are not the real people affected by the projects in question.

  Another challenge we Indigenous peoples face is that of understanding that we have been mentally colonised with offers of great wealth that never materialise. We must understand that the wealth that is generated in our territories is taken by outsiders and their corrupt environments. Behind the facade of interculturalism, the government divides us in order to discipline us and put us at the service of its political interests.

  Once we understand this, the main challenge will be to restore the unity of Indigenous peoples, recover our ancestral memory of freedom, undertake the required self-criticism and dedicate ourselves to planning and building the country we want, exercising the rights that are already recognised in the constitution.

  The Bolivian constitution and international conventions and declarations so far represent progress on paper only. The way in which they are implemented by the Bolivian state turns them into abysmal setbacks, gaps, walls and barriers. Thirteen years after its promulgation on 7 February 2009, the Political Constitution of the Plurinational State of Bolivia is still tucked away in a desk drawer. In the last decade and a half, a monocultural, centralist, authoritarian, patriarchal, elitist and classist state that imposes a radically extractivist and capitalist economic policy has become the most lethal weapon against economic, cultural, social and justice pluralism.

  Violations of land rights include intimidation, harassment, discrediting, disqualification, criminalisation and legal procedures to silence land rights defenders. Such acts are carried out by oil and mining companies, the security forces, the judiciary – which is dominated by the government – and even by Indigenous organisations that support the government, which issue public resolutions to ignore us and restrict our right to defend our rights.

  What are your mobilisation strategies?

  Our strategy is to always maintain our integrity and dignity and to insist on exercising the rights protected by the Bolivian constitution and international conventions. To exercise our rights we don’t need anyone’s permission or approval, we just need to recognise ourselves as free and independent beings with full rights. This is what CONTIOCAP has been doing. If the government does not do its job, we must remind it that the state belongs to everyone and that we all have a moral obligation to question the bad practices of governments, to debate what kind of country we want and to seek ways for all of us to have the opportunity to grow as human beings.

  Historically, we have resorted to long marches as an extreme form of mobilisation to draw attention and seek justice. First, we marched for a constitution that recognised our rights as Indigenous peoples. And for the past 13 years, we have marched to demand that those rights be realised in practice.

  Our marches have been ignored, made invisible, isolated, harassed, and repressed. They have been accused of responding to opportunistic interests and discredited by powerful economic, political, and governmental forces.

  The 37-day march initiated by the lowland brothers and sisters in September 2021 was no exception in this regard. After so much sacrifice, after abandoning their villages, their homes, their families, their animals, the response they got from the government was insulting. While they waited for a signal from the government, the government met not with them but with organisations subservient to its interests. It was a clear message that it is the government who decides whether we are first, second or third-class citizens.

  What legislative changes do you demand?

  Among the laws that go against Indigenous peoples is Law 535 on Mining and Metallurgy of 2014, which violates fundamental principles and guarantees of the rule of law. It grants privileges to mining operators that are placed above the principle of citizens’ equality. It grants them rights of access to water that supersede those of local communities. It violates fundamental rights of Indigenous peoples such as prior consultation, which is reduced to an administrative process with deadlines and procedures that undermine consultation as a right.

  We also demand the repeal of Law 969 of 2017, which violates the right to self-determination of the Indigenous peoples of the Isiboro-Sécure Indigenous Territory and National Park, of Supreme Decree 2298 of 2015, which violates our right to free, prior and informed consultation in the hydrocarbon sector, and of Supreme Decree 2366 of 2015, which allows oil exploration in protected areas.

  There are many laws that we would like to see passed, but in the current context of total control of all powers by the government of the Movement for Socialism, it is dangerous to push a legislative agenda. In the best case scenario, the government could use it to whitewash its image, and in the worst case scenario, to promote its own interests. They would use us to validate norms that could even turn against us.

  But we do demand legislation to guarantee the economic inclusion of productive community organisations and producer families, the approval of the Bill on the Restitution of Ancestral Territories, which was introduced in 2019, and the reform of article 10 of Law 073 on jurisdictional demarcation. We demand that priority be given to effective compliance with the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) and other international agreements, conventions, pacts and covenants.

  Do you see your struggles as part of a broader regional movement?

  The struggle to protect land and the environment is not the struggle of a single movement but a global struggle for the defence of life through the protection of our land. Nor is it the product of a sudden inspiration, but of an awareness of our right and the right of all forms of life to exist in this world. We seek respect as human beings who have taken care of the planet for all of us, even for those who are now destroying it.

  In that sense, our struggles are the same as those of Indigenous peoples around the world. We are somehow connected and linked at regional and global levels, although over the past two years the COVID-19 pandemic has prevented us from having face-to-face exchanges, while virtual exchanges have been hindered by the limitations of access to communications in Indigenous territories. However, we are now resuming the exchange of experiences and coordination.

  What support do groups defending land rights in Bolivia need from international civil society?

  They can help us by making our struggles visible, making them known so we can connect with other struggles of Indigenous brothers and sisters around the world. We want them to know that we defend our territories in precarious conditions and with our own resources and sacrificing the economy of our families, even more so after the pandemic. And we do this not only for ourselves but for all beings that require oxygen and water to live. We need direct support with small funds for legal and other emergency actions.

  We hope that they will help us unmask the double discourse of the Bolivian governments of the past 16 years, which in international spaces have presented themselves as saviours of Indigenous peoples and defenders of Mother Earth. This is far from the truth; these are just speeches that sound good from the outside and that international organisations like.

  We must unmask the international propaganda about left-wing governments. For us Indigenous peoples, all the governments of Bolivia – whatever their political colour – have had the same plans against Indigenous peoples. They seek to relegate us, put us off, divide us and pit us against each other to perpetuate themselves in power.

  Civic space in Bolivia is rated ‘obstructed’ by theCIVICUS Monitor.
  Contact CONTIOCAP through itsFacebook page and follow@contiocap and@CuquiRuth on Twitter. 

• BURUNDI: ‘Our right to be recognised and represented as an Indigenous community is being violated’

  CIVICUS speaks about Indigenous peoples’ rights in Burundi with Severin Sindizera, Global Coordinator of the Indigenous Peoples Global Forum for Sustainable Development (IPGFforSD).

  IPGFforSD is a civil society organisation (CSO) that advocates for the rights of Indigenous peoples in Burundi and monitors the implementation of the Sustainable Development Gaols (SDGs) in relation to Indigenous peoples at the national and international levels.

  What is the situation of Indigenous people in Burundi?

  The Batwa Indigenous people represent approximately two per cent of Burundi’s population. The context is disheartening because most of our rights are not recognised. Most Batwa people live in extreme poverty and are marginalised and discriminated against. They are often excluded from access to basic resources such as public services, education, land and healthcare. One common issue affecting Indigenous people across the globe is lack of access to land and decision-making bodies. 

  The Batwa people are not exempt from this, as our land rights are not recognised in Burundi. We need land to survive – to build our houses, grow our crops, graze our animals and preserve our culture.

  Batwa people are not well represented in decision-making processes, which explains why development strategies rarely cater to us and our needs. We have been excluded from the economic, social, political and cultural development of our country. It is quite unfair to have people make decisions on our behalf without consulting with our community. When projects are implemented, we are often sidelined. It would seem the government is trying to make people think it is helping Indigenous people while we are not really receiving the help we need.

  The SDGs aim to eradicate many problems affecting societies globally, but their implementation in Burundi has not been inclusive of Indigenous people. The government must understand that our place in society is already under threat, so it needs to approach the SDGs in an intersectional manner to serve all people of Burundi equally.

  The international community has also shown a lack of a solid plan to address the rights of Indigenous peoples during implementation of the SDGs. We want to know how international organisations aim to promote Indigenous peoples’ development through the SDGs. I had the privilege of attending the Forum on Financing for Development (FfD) in New York, but was disappointed I was the only member representing Indigenous peoples.

  What are the main rights violations experienced by Batwa people in Burundi?

  Batwa people in Burundi do not have access to education, healthcare and proper legal services. Many people have suffered and died due to being denied access to healthcare facilities in their communities. When we try to get legal help to hold accountable those responsible for negligence in healthcare centres, we do not qualify to receive it. We hope this will change one day and the Batwa people of Burundi will be inclusively integrated in their communities.

  But Batwa people currently face serious discrimination. We are often called names such as witches and made feel unwanted by the wider society. Our dignity is looked down upon and we are forced to take a lesser place in society. Without access to good jobs, Batwa people have a high prevalence of poverty.

  Batwa people are disproportionately affected by arbitrary arrests and rights violations, as well as by land grabbing from the government and international stakeholders. People take advantage of us because they know that the majority of us do not have identity cards, making it difficult for us to access justice. Whatever laws have been put in place to protect us are not really working.

  Our right to be recognised and represented as a community is being violated. We need members of our community to advocate for our rights independently, without being associated with any political party. The history of this country should inform policymakers about the importance of cultural recognition. No one should be left behind because of their identity. We have a right to participate fully in public life without facing rights violations.

  Has any progress been made in terms of representation in policymaking processes?

  The Burundian government has launched an initiative to include Indigenous people in some governmental positions. There are now a few Batwa people in parliament. However, the fact that participation in public affairs requires association with a political party makes us uncomfortable. This restricts many Indigenous people from speaking out about their rights because they are controlled by their political parties.

  Political representation is an opportunity for our needs to be heard but our people who are actively participating in public affairs do not necessarily speak on our behalf. Participation of ethnic minorities in Burundi still has a long way to go despite the efforts of the government. Batwa women are inadequately represented in political positions.

  Our government focuses on development but fails to promote it in an inclusive manner. It recently setup a national strategy for Indigenous people, highlighting issues we are dealing with and stating its plan to advance Indigenous people’s rights. We hope that they will consult with members of our community and Indigenous leaders about our needs so the strategy actually benefits us.

  How can Indigenous groups across the world work together to promote Indigenous people’s rights?

  Indigenous groups must have regional and international forums to collaborate towards the achievement of our human rights, economic and social development, as well as civil and political rights. We must partner with international organisations that have experience with working on Indigenous people’s rights so that they can help us with our advocacy work and share strategies to make our work more effective.

  Our organisation, IPGFforSD, works for Indigenous rights through international advocacy and innovative initiatives. We work in collaboration with Indigenous groups an encourage them to create and enhance their platforms in their respective countries from across the globe who face similar issues. We focus on monitoring SDG implementation because the rights and needs of Indigenous people are currently not well represented when SDGs are implemented. We have worked with the United Nations (UN) mechanisms, including the UN Economic and Social Council (ECOSOC), to raise awareness of the plight of Indigenous people and the need to recognise them in both national and international policies. We advocate for national governments and international organisations to implement the UN Declaration on the Rights of Indigenous Peoples.

  We also work to sensitise our leaders about Indigenous rights through workshops and seminars. Our aim is for them to be well informed so they can, we hope, help us in the battle of getting our rights recognised in Burundi.

  Civic space in Burundi is rated ‘closed’ by theCIVICUS Monitor.
  Get in touch with IPGFforSD through itsFacebook page and follow@IIpgfforsd on Twitter. 

• CAMEROON: ‘Indigenous people should be at the forefront of our own movement and speak for ourselves’

  CIVICUS speaks about Indigenous peoples’ rights in Cameroon with Barrister Unusa Karimu, board member of Mbororo Social and Cultural Development Association (MBOSCUDA).

  MBOSCUDA is a civil society organisation with ECOSOC Status that advocates for the rights of Indigenous peoples in Cameroon. It aims to ensure that Indigenous peoples are integrated in the development of Cameroon by promoting their participation in decision-making processes.

  What is the current situation of Indigenous people in Cameroon?

  The situation of Indigenous people in Cameroon is not particularly good at the moment. There are people trying to get self-determination, and this has caused conflict in some parts of Cameroon. Unfortunately, the bulk of Indigenous people I work with, pastoralists, are in the English-speaking part of Cameroon, where calls for independence have led to conflict, and they have been caught in the middle of the violence.

  They are being abused. There is no respect for their territories and their basic human rights, and the government has failed to protect them. Civil Society organisations have collected data that indicate gruesome acts are being committed against Indigenous peoples during the ongoing armed conflict in the Northwest and Southwest of Cameroon. Indigenous people are being killed and they cannot defend themselves.

  Indigenous people in Cameroon still live below the poverty line. Most people in the community struggle to get employed because of limited opportunities in the labour market. Some of them end up engaging in small income-generating activities such as livestock farming and the sale of hunting products. But this is not enough to sustain their lives.

  The reason it is sometimes difficult for Indigenous people to get employed is because they struggle to get access to education. There are not enough schools, teachers and educational resources in Indigenous communities. The government has tried to implement projects to address this problem, but these have not really been effective.

  Much work still needs to be done for Indigenous peoples to gain full recognition in Cameroon. It is saddening that health services and other social facilities are not adequately provided to Indigenous people. The government needs to do a lot more to ensure that Indigenous people have access to healthcare in their communities.

  The government has tried to give visibility to Indigenous peoples in Cameroon through the International Day of the World’s Indigenous Peoples, held annually on 9 August, but if their right to life is threatened then the visibility given to them is not having much of an impact. There is a need for structural changes to guarantee sustainable development for all people in Cameroon.

  What human rights violations do Indigenous people experience in Cameroon?

  One of the biggest human rights violations that Indigenous people face in Cameroon is the lack of legal recognition of their right to their territories and their right to life, especially in the conflict-ridden English-speaking regions of the country. Land legislation in Cameroon does not recognise Indigenous peoples’ land holdings and therefore does not protect their land and resources. It is challenging for Indigenous people to register their land because the activities they tend to carry out do not fall under the requirements set out by the government when it comes to effective occupation and exploitation, which is a condition sine qua non for land registration in Cameroon. Activities such as hunting and livestock grazing do not fall under the category of productive land use required for land registration. Commercial developments in Indigenous peoples’ territories affect their livelihoods, and their land is grabbed by people who are not part of the Indigenous community.

  The implementation of the United Nations Declaration on the Rights of Indigenous peoples (UNDRIP) is supposed to provide Indigenous people with better living conditions and protection against losing their territories. However, I do not think the declaration has been well implemented in Cameroon.

  UNDRIP urges governments to recognise and protect Indigenous peoples and their rights. Their land and territories should be protected by the government, but the government violates their rights on a daily basis. We understand that the declaration does not carry any legal obligations, but it should be used as guidance on how to respect Indigenous people and value their participation in the development of the country.

  Cameroon still has land laws that were colonially inspired and do not recognise the rights of Indigenous peoples as far as territories are concerned. This might be the reason the government does not take UNDRIP into account.

  Are Indigenous people well represented in policies?

  Unfortunately, there is no binding legal framework that recognises Indigenous peoples in Cameroon. We have policies in place that serve as guidance for the recognition of Indigenous peoples but there has not been that much progress yet. The government has recently started doing things such as the appointing Indigenous people to decision-making positions. Forest dwellers are represented in decision-making. But these positions are often limited, and their people are not in high positions.

  Pastoral people have a secretary general in the Ministry of Livestock, Fisheries and Animal Industries, which is something positive, but it is very limited. It is safe to say that Indigenous people still lack political representation.

  What should the Cameroon government do to help advance the rights of Indigenous people?

  It would be good if the government met the requirements set by international legal instruments aimed at advancing and protecting the rights of Indigenous peoples. It should also revise the laws that discriminate against Indigenous people, along with its land tenure policies.

  Indigenous peoples should be considered in decision-making. Enabling Indigenous people to participate in national politics would ensure inclusive development, taking into consideration the needs of everyone in Cameroonian society. Often the government puts development strategies in place without conducting proper research and consulting Indigenous peoples, and as a result development strategies do not benefit Indigenous peoples and their way of life.

  In addition, administrative recognition of Indigenous communities would help preserve their cultural and historical heritage. When Indigenous peoples are mixed with neighbouring communities their culture becomes diluted and their history is easily neglected. Ensuring that they are not forcefully integrated with other communities would secure a future for the coming generation. The government should also promote land rights reform.

  Hopefully, with time Indigenous peoples will get economic support and their participation in the development of the country will become noticeable. I believe all of the above can be achieved if the government ratifies the International Labour Organization’s Indigenous and Tribal Peoples Convention, ILO Convention 169.

  How is your organisation working to advance Indigenous rights?

  MBOSCUDA is a community and membership-based organisation present in almost all regions of Cameroon. It was established in 1992 to promote proper living conditions for Mbororo pastoralists. We work to have the socio-cultural, political and economic rights of the Mbororo people recognised. We have consultative status with United Nations Economic and Social Council and had an observer status with the African Commission on Human and Peoples’ Rights.

  We collaborate with various ministries of the Cameroonian government. Our hope is that we can secure some of the services Indigenous people need to have a dignified life. These include, but are not limited to, civil status registration so they can get married, educational resources and healthcare facilities. We also undertake lobbying and advocacy work. To raise awareness of Indigenous peoples’ rights we participate in seminars on Indigenous peoples in Africa.

  Unfortunately, the ongoing crisis in the Anglophone regions has reduced our activities in some parts of the country. There are places we cannot currently work in because of the conflict. If we decide to go regardless, the chances are high that we will not come back. In addition, some communities that act as if they own Indigenous peoples feel threatened by our work because they know they will not be able to continue exploiting them once Indigenous people have access to information and education.

  How can Indigenous groups work together to promote their rights globally?

  Indigenous people should collaborate and form a strong global alliance. Their voices will be stronger and the possibility of them getting recognised will be higher. We should offer each other a helping hand because we are all fighting the same battle, just in different territories.

  The platforms that international organisations provide us should be used as a tool to hold our governments accountable. It is very important that we share our narratives and do not let people speak on our behalf. We know our struggles and nobody but us can elaborate on what our needs are, so we should be at the forefront of our own movement and speak for ourselves.

  ---

  Civic space in Cameroon is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with MBOSCUDA through itsFacebook page.

• CANADA: ‘Indigenous people who are most marginalised experience significant human rights violations.’

  CIVICUS speaks about Indigenous people’s rights in Canada with Melanie Omeniho, president of Les Femmes Michif Otipemisiwak/Women of the Metis Nation (LFMO).

  Founded in 1999 and incorporated in 2010, LFMO is a national representative civil society organisation that advocates for the rights of Indigenous peoples in Canada, and specifically for the right to equal treatment, health and wellbeing of women and gender diverse people and sexual minorities of the Metis Nation.

  What is the current situation of Indigenous people in Canada?

  In our experience at LFMO, Indigenous people who are most marginalised experience significant human rights violations. Indigenous people are trying to survive traumas and do not have the time or resources required to deal with the systemic racism that continues to violate their rights.

  For instance, we have heard numerous concerning experiences regarding difficulties to access Canada’s victim services scheme. In some provinces, policy dictates that if a person has had any prior engagement with the criminal justice system, even if decades earlier, and this remains on their record, they might not be eligible to receive victim services. This policy severely impacts on and violates the rights of Indigenous victims of crimes, including sexual assault.

  At LFMO we are keenly aware of the experience of anti-Indigenous racism. Some of us are attacked based on how we look or talk when we are going about our lives in mainstream society. We are particularly concerned about the lack of willingness to identify physical attacks on Indigenous women as hate crimes.

  We encourage change in policy and practice in all facets of the criminal justice system to identify hate crimes against Indigenous people instead of classifying them as regular assaults. To create change and hold offenders properly accountable, we need to ensure that anti-Indigenous racism is recognised as a hate crime.

  How is LMFO working to advance the rights of Indigenous peoples in Canada?

  LMFO is the national representative body for Métis women across the Métis Nation Motherland. Métis are one of the three recognised Indigenous peoples of Canada, along with First Nations and Inuit. According to the 2016 census, there are nearly 600,000 Canadians who self-identify as Métis.

  LMFO advocates for the equality of Métis women, Two-Spirit and gender diverse Métis people across the Métis Nation Homeland – our Métis Motherland. The term ‘Two-Spirit’ was coined in the 1990s to refer to Indigenous LGBTQI+ people, corresponding to an age-old concept in Indigenous communities that means someone who embodies both a masculine and feminine spirit.

  LFMO plays a significant role in enhancing the social, cultural, economic, environmental and leadership space occupied by Métis women and gender minorities. Our overarching mission is to ensure the equal treatment, health and wellbeing of all Métis people, with a focus on Métis women, young people and those who are Two-Spirit and gender diverse.

  As part of our strategic plan, we have 10 objectives: advocating for the priorities and needs of women in the Métis Nation, Canada and the world; taking care of the land and waters; guarding the traditional knowledge of Métis women; promoting social justice and equality; creating opportunities for Métis women to develop leadership skills; helping Métis people lead healthier lives and supporting healthy and vibrant communities; ensuring that the perspectives and priorities of Métis women are included in economic development initiatives, and that support is provided for their entrepreneurship; fostering culturally appropriate early learning environments and lifelong learning to improve educational outcomes for Métis children, women and all Métis learners; developing a Métis-specific research strategy to build disaggregated data; and building a strong, successful, inclusive, responsible and transparent organisation.

  We are part of a global movement of Indigenous groups around the world who are all collectively fighting and advocating to be seen, heard and recognised. The more we speak up and share our stories and fight to preserve our traditions and cultures, the more likely it is that we will achieve the recognition of our rights and the creation of policies that serve us and protect us.

  What should the government do to help advance the rights of Canadian Indigenous peoples?

  We hope that in domesticating the United Nations Declaration on the Rights of Indigenous Peoples, the government will implement policies to realise Indigenous rights and Indigenous women will be a part of those conversations. To that effect, LFMO advocates for a gender-based approach and an intersectional lens on policy development and the co-design of legislation.

  Civic space in Canada is rated ‘open’ by theCIVICUS Monitor.
  Get in touch with Les Femmes Michif Otipemisiwak through itswebsite orFacebook andInstagram pages, and follow@LesMichif on Twitter. 

• CANADA: ‘The Pope didn’t deliver a clear apology to Indigenous people on behalf of the Catholic Church’

  CIVICUS speaks with Virginie Ladisch of the International Center for Transitional Justice (ICTJ) about the recent apology of Pope Francis to Canadian Indigenous peoples and the legacy of the Truth and Reconciliation Commission of Canada.

  ICTJ is a civil society organisation (CSO) working in partnership with victims and survivors to obtain acknowledgment and redress for massive human rights violations, hold those responsible to account, reform and build democratic institutions and prevent the recurrence of violence and repression.

  What human rights violations committed against Indigenous people did the Truth and Reconciliation Commission reveal?

  The final report of the Truth and Reconciliation Commission of Canada very clearly details the human rights violations and cultural genocide that resulted from the ‘Indian residential school’ system, which was the focus of the recent apology by Pope Francis.

  The Indian residential schools and the abuses that occurred at them are among many other human rights violations suffered by Indigenous people in Canada, which include sexual and gender-based violations against Indigenous women and girls, land dispossession, violation of the right to safe drinking water, disproportionate rates of incarceration, excessive use of force against land rights protesters, discriminatory practices and lack of access to basic services, including healthcare.

  How significant is the Pope's apology?

  The Pope’s apology is a significant first step in the journey to acknowledge and repair past wrongs. In his apology, the Pope acknowledged the assimilationist intent of the residential school system and the harm it caused by systematically marginalising Indigenous people, denigrating and suppressing their languages and cultures, taking young children away from their homes, indelibly affecting their relationship with their parents and grandparents and subjecting them to physical, verbal, psychological and spiritual abuse.

  The last residential schools closed in the 1990s, so it was important for him to acknowledge the intergenerational harm caused, which persists to this day. However, several survivors noted with disappointment his omission of sexual abuse – rampant in Indian residential schools – which continues to have detrimental impacts on survivors and their families.

  While the Pope highlighted the systematic nature of harm perpetrated against Canadian Indigenous people, his apology stopped short of naming the Catholic Church’s role as part of a system intended to ‘kill the Indian in the child’. He said: ‘I am sorry. I ask forgiveness, in particular, for the ways in which many members of the church and of religious communities co-operated, not least through their indifference, in projects of cultural destruction and forced assimilation promoted by the governments of that time, which culminated in the system of residential schools’.

  The Pope’s words reflect a personal apology and an apology on behalf of individual Catholics, but not a clear apology on behalf of the Catholic Church as an institution. Since the Pope represents the Catholic Church, it is possible to interpret this personal apology as an apology on behalf of the Church. However, given the deeply embedded systemic nature of the violations committed by the Catholic Church against Indigenous people, it is necessary to clearly acknowledge that the system was at fault and that there was a concerted institutional effort to forcibly assimilate Indigenous children. This was not the work of a few misguided individuals.

  There needs to be a concerted effort to unravel the colonialist ideas that underpinned the residential school system and are at the root of persistent racism today.

  What next steps should the Catholic Church and the Canadian government take?

  ICTJ recognises apologies as an important part of a transitional justice process because of their significant moral and symbolic value. But to be meaningful, they need to be followed by real action and material reparations. The Pope acknowledged this in his apology and noted that ‘a serious investigation into the facts’ and efforts ‘to assist the survivors of the residential schools to experience healing from the traumas they suffered’ would be key to prevent such situations happening again. Ultimately, the significance of the Pope’s apology will depend on how he leads the Catholic Church in turning those words into action.

  In terms of next steps, the Catholic Church and the Government of Canada should follow the Truth and Reconciliation Commission’s 94 Calls to Action, which address the lasting harms of residential schools and call on all sectors of society to invest in new and respectful ways of moving forward together. Where more information is needed, for example around missing children and unmarked graves, the Catholic Church should open its archives and undertake a rigorous investigation.

  How is ICTJ working to advance the rights of Indigenous people?

  ICTJ works side by side with victims and survivors in their quest for justice and helps ensure they have a say in the policies that affect them. We raise awareness about their rights and support efforts to hold perpetrators accountable, uncover the truth about the violations they and their communities suffered and obtain acknowledgment and redress.

  We also partner with civil society groups, including women’s, youth and minority groups, that have a stake in building a more just, peaceful and democratic society. Together, we press forward the institutional reforms and guarantees necessary to prevent the violations from happening again.

  Over the past three decades, transitional justice processes have been recognised as an opportunity to address longstanding historical injustices against Indigenous peoples around the world. Specific processes and institutions associated with transitional justice – such as truth commissions, special prosecutorial bodies, memorialisation and reparations – may be the catalyst for political, social, institutional and cultural changes that contribute to the recognition and materialisation of Indigenous peoples’ rights, as we point out in a report we published in 2012.

  ICTJ has worked to advance the rights of Indigenous peoples in various countries, including Australia, Canada, Colombia, Guatemala, Peru and the USA. In Canada, it accompanied the Truth and Reconciliation process from before its inception in 2008 to the end of its mandate in 2015.

  Recognising the importance of involving young people in Canada’s truth and reconciliation process, ICTJ partnered with the Commission to spearhead youth engagement activities. Initiatives included a series of youth retreats in which participants developed the technical and communication skills needed to better engage their peers on Indigenous issues, and a youth-led video project that covered the history of the residential schools and young people’s knowledge – or lack of knowledge – of this history and the contemporary situation of Indigenous people in Canada.

  As expressed by a high school student from Edmonton who participated in one of ICTJ’s events, ‘We are the next generation. After 10 years, we are going to be the adults – the lawyers, the prime ministers. We have to know when we are young, and when we are older, we can make sure this doesn’t happen’.

  Civic space in Canada is rated ‘open’ by theCIVICUS Monitor.
  Get in touch with ICTJ through itswebsite orFacebook and, and follow@theICTJ on Twitter.

• COP28: ‘We are worried that the host country, the United Arab Emirates, restricts civil society’

  CIVICUS discusses the hopes and roles of civil society at the forthcoming COP28 climate summit with Gideon Abraham Sanago, Climate Coordinator with the Pastoralists Indigenous Non-Governmental Organizations’ Forum (PINGOs Forum).

  Established in 1994, PINGOs Forum is an advocacy coalition of 53 Indigenous peoples’ organisations working for the rights of marginalised Indigenous pastoralists and hunter-gatherer communities in Tanzania. It was founded by six pastoralists and hunter-gatherers’ organisations promoting a land rights and development agenda.

  What environmental issues do you work on?

  PINGOs Forum works with Indigenous peoples’ communities across Tanzania to address the impacts the environmental and climate crisis is having on them.

  Although it is a global phenomenon, climate change affects communities in different ways and presents a variety of challenges. These include prolonged and severe droughts, floods, biodiversity loss, land conflicts and displacement, and the loss of livestock that communities depend on for their livelihoods. This also leads to the loss of culture and identity as young men migrate towards towns looking for an income-producing job, leaving women, children and older people abandoned at home.

  To respond to these challenges, PINGOs Forum supports community initiatives for land conflict resolution, the development of land use plans and the recognition of land rights for Indigenous peoples, as well as for water provision and restocking of agricultural supplies for destitute families. We also build capacity to tackle climate issues and support Indigenous peoples’ participation in national, regional and global climate forums to ensure their voices are heard and the resulting policies respond to their needs.

  PINGOs Forum is a member of the Climate Action Network (Tanzania Chapter), the CIVICUS alliance, the International Indigenous Peoples Forum on Climate Change and other bodies engaging with the United Nations (UN) Framework Convention on Climate Change. We use these platforms for advocacy and campaigning. They have been instrumental for us in being able to voice our concerns and engage in productive dialogue and exchanges.

  Have you faced any restrictions or reprisals for the work you do?

  Human rights defenders face threats and intimidation when advocating for the rights of Indigenous peoples to land and resources and organising to respond to their violations.

  The state of Tanzania does not recognise the existence of Indigenous peoples in the country. Instead, it always refers to them as marginalised groups, forest-dependent communities, forest dwellers and other such terms. This limits the ability of Indigenous peoples to exercise their rights as enshrined in the UN Declaration on the Rights of Indigenous Peoples, of which Tanzania is a signatory but clearly does not respect.

  The UN declaration includes the key right of Indigenous peoples to give free prior and informed consent, which of course the Indigenous peoples of Tanzania have never exercised. Their rights to ownership of land and resources have been repeatedly violated through forceful evictions from their ancestral lands. We have seen examples of this in Loliondo/Ngorongoro and Kimotorok in Simanjiro District.

  Another major challenge is access to the media. We believe in the power of media and recognise the pivotal role it plays in addressing the challenges faced by Tanzanian Indigenous peoples. But the media is restricted when it comes to publishing any information coming from Indigenous people’s organisations regarding issues such as land crises, as happened in the case of Loliondo. All media outlets were warned not to publish any information about it.

  What priority issues do you expect to see addressed at COP28?

  There are several key priorities for Tanzanian Indigenous peoples on the frontline of climate challenges, the first one being funding of loss and damage. One of the key decisions from COP27 was to establish a loss and damage funding mechanism. We would like to see this funding mechanism operationalised with sufficient resources to urgently respond to the challenges faced by Indigenous peoples. We are eager to understand how this mechanism will address economic and non-economic losses and provide compensation for what we have already lost.

  More broadly, Indigenous peoples are in dire need of direct access to reliable and flexible funding, including for adaptation measures and to build resilience in the face of the impacts of climate change.

  Regarding the carbon market, Indigenous peoples would need to be engaged and the technicalities and political issues around these investment approaches should be clarified. Indigenous peoples should be able to exercise their right to free, prior and informed consent when it comes to carbon credits in their ancestral lands and forests to avoid any rights violations resulting from climate interventions.

  All this would require a recognition of the rights and knowledge of Indigenous peoples and their full and effective participation in climate forums at all levels to inform better policy formulation and decision-making processes.

  Do you think COP28 will provide enough space for civil society?

  We are particularly worried about the fact that COP28’s host country, the United Arab Emirates, restricts civil society movements and campaigns. It is key for civil society and Indigenous peoples’ organisations to be able to exercise their rights to express their views and peacefully demonstrate at any time during the negotiations. Otherwise their perspectives will not be reflected in the outcomes and their concerns will not be addressed.

  Civil society and Indigenous peoples’ organisations play a pivotal role as observers at COPs. They hold negotiating parties accountable and make a difference when they are reluctant to take important decisions during the negotiations. During COPs, civil society campaigns, mobilises, develops position papers and issues joint statements to push parties to take urgent actions on agreed points.

  What are your expectations concerning its outcomes?

  Our main expectation is to have an ambitious COP28 addressing key points of climate change action. We expect the loss and damage financial mechanism to be operationalised in ways that take into consideration the rights of Indigenous peoples and address both the economic and non-economic losses they are experiencing. We expect direct and flexible funding to become accessible to Indigenous peoples, as well as capacity building and the transfer of the required technologies.

  We also would like to see a clear definition of adaptation actions and serious emission reduction commitments by developed countries. But above all, we want this to be a COP of actions and not of empty promises – we want to see developed states live up to their commitments, giving vulnerable communities reasons for hope that they will be able to face and survive the impacts of climate change.

  ---

  Civic space in Tanzania is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with PINGOs Forum through itswebsite ofFacebook page, and follow@PINGOsForum on Twitter.

• Entramado de complicidades entre empresas y Estado resulta en creciente criminalización de defensores de derechos humanos en Panamá

  English

  CIVICUS conversa con Ileana Molo,Presidenta Ejecutiva de la organizaciónAfropanameñ@ Soy e integrante de la Red de Derechos Humanos de Panamá, en cuya representación participó de laaudiencia de la Comisión Interamericana de Derechos Humanos sobre la situación de personas defensoras de derechos humanos en Panamá en octubre de 2017.

  1. ¿Cuáles son los principales obstáculos que enfrentan los y las activistas de la sociedad civil en Panamá? ¿Hay grupos que estén siendo particularmente atacados?

  Uno de los temas más preocupantes que hemos denunciado es el hostigamiento y la intimidación de los líderes comunitarios y activistas de la sociedad civil por la vía jurídica y mediante agresiones económicas y psicológicas. Esta tendencia afecta desproporcionadamente a grupos movilizados por temas ambientales y en relación con el uso del suelo, cuyo activismo los pone en conflicto con grandes empresas en el área del desarrollo de infraestructura.

  Estamos viendo una fuerte tendencia a la criminalización y la intimidación. Hay un entramado de normas discriminatorias, y las empresas, que tienen muchos recursos económicos y mucho poder, las están usando para demandar a los activistas de modo de intimidarlos legalmente y desalentar su labor. Entonces, si tú denuncias una mala práctica de una empresa, la empresa enseguida te demanda a ti. Muchos activistas están siendo afectados económica y psicológicamente, de manera que estamos viendo cómo podemos apoyarlos.

  Tenemos un mapeo de las diferentes agresiones físicas, económicas y políticas y de las demandas que han enfrentado los defensores. Entre los casos más recientes está el de Basilio Pérez, un activista ambiental y experto forestal que fue demandado por daños y perjuicios por una empresa a la que había denunciado por violaciones a la ley general de ambiente y la contaminación de comunidades aledañas a la mina del Cerro Quema. La empresa le exige una indemnización de 40 mil dólares.

  Otro caso resonado es el de Max Crowe, presidente y representante legal de la Asociación de Propietarios de Jardín Albrook, una asociación de vecinos que inició un proceso para defender la zonificación residencial ante violaciones de las normas de uso del suelo y normas urbanísticas. En este caso, el abuso judicial incluyó una demanda por 65 mil dólares contra Crowe, el secuestro arbitrario de sus bienes personales y el congelamiento de la cuenta bancaria de la organización. Su caso es similar al de María Chávez, presidenta de la Red Ciudadana Urbana de Panamá, que reúne a más de 40 comunidades. En el marco de un conflicto por violación de normas urbanísticas y de uso del suelo, Chávez fue demandada judicialmente por un diputado aparentemente vinculado con concesiones mineras con interés en la creación de un nuevo distrito en esa zona.

  Otro caso muy sonado en los medios es el de la asociación de residentes de Coco del Mar, que por presentar una querella ambiental contra una empresa constructora han sido objeto de una demanda civil de daños y perjuicios por alrededor de 5 millones de dólares. Primero tuvieron una querella penal con sobreseimiento provisional en primera instancia dictado en noviembre de 2016 y ratificado por segunda instancia este año. En octubre de 2016 presentaron la demanda civil, y ahora enfrentan esta millonaria demanda.

  Cabe subrayar también el caso de la compañera Larissa Duarte, joven activista ambientalista de las áreas indígenas comarcales, fundadora del Movimiento Campesino en Defensa del Río Cobre, que fue demandada por 10 millones de dólares por la empresa Hidroeléctricas Los Estrechos S.A., en el marco de un conflicto por usurpación de tierras y en defensa del agua. Si bien el reclamo de la empresa, por costos incurridos cuando el proyecto hidroeléctrico fue cancelado supuestamente como consecuencia del activismo, ha sido recientemente desestimado por la justicia, la campaña de difamación contra Larissa Duarte y su organización continúa.

  Otro caso muy importante es el de la Isla Pedro González, que ha afectado a muchas familias. La empresa Pearl Island Living llegó a la isla un día diciendo que ellos eran los dueños de la tierra y que iban a desarrollar un proyecto turístico y habitacional de modo que las personas que vivía ahí se tenían que ir. En este caso, se han dado muchas situaciones de enfrentamiento entre los pobladores y la empresa. Se mantiene latente el conflicto por la legalidad de la titulaciones.

  Por el momento, sin embargo, los activistas han enfrentado más acoso judicial que ataques violentos. Pero es importante mencionar el caso de Ligia Arreaga, que debió abandonar el país tras recibir amenazas de muerte. Arreaga, defensora del Humedal Laguna de Mtusagaratí y enfrentada a los proyectos de una empresa de sembrar palma aceitera en gran escala en la provincia de Darién, denunció en tres ocasiones, en 2009, 2015 y 2016, que había recibido advertencias de que la empresa AGSE Panamá S.A. la mandaría matar por sus denuncias sobre titulación de tierras. Finalmente dejó el país porque no recibió ningún respaldo policial ante las amenazas.

  2. Por lo que relatas, daría la impresión de que la principal fuente de agresiones son las empresas. ¿Qué rol le cabe al Estado?

  Efectivamente, las empresas son la principal fuente de agresiones, y de hecho tienen suficiente poder como para obstaculizar nuestro trabajo. Cuando trabajábamos en el informe sobre Barro Blanco, nos resultó bien difícil llegar hasta las comunidades afectadas para entrevistarlas, porque teníamos a la empresa todo el tiempo pisándonos los talones y nos resultaba intimidante que una persona supervisara todo lo que hacíamos. Además nos costó muchísimo llegar hasta la zona, porque había que ir en lancha, ya que todo el ensamble de la hidroeléctrica está rodeado por agua – que es precisamente lo que las comunidades alegan: que están perdiendo sus tierras, que se están inundando y ya no resultan cultivables.

  El rol del Estado es, como mínimo, ambiguo. Por un lado, el Estado tiene la potestad de mediar, y nosotros le exigimos que lo haga. En el caso de la isla Pedro González, le solicitamos que se reuniera con la empresa y la comunidad, para llegar a acuerdos y que se levantaran las órdenes de detención que había contra 37 personas desde el año pasado. Esto se logró finalmente gracias al trabajo que hizo la Alianza Ciudadana Pro Justicia en conjunto con la Red de Derechos Humanos y organizaciones de afrodescendientes. Llegamos a un acuerdo con el fiscal para que permitiera que estas personas se presentaran voluntariamente y las órdenes de detención fueran reemplazadas por medidas cautelares; esta dinámica requirió del trabajo de numerosos abogados que de forma desinteresada brindaron sus servicios legales ya que los pobladores de la Isla son, en su mayoría, de escasos recursos.

  Por el otro lado, claramente muchas instituciones estatales son utilizadas por las empresas para alcanzar sus fines. De hecho, las instancias jurídicas suelen acoger las demandas que las empresas entablan contra sus críticos, decretan la confiscación de los bienes de los acusados, y en general aunque eventualmente los absuelvan, los someten a largos procesos que son muy desgastantes. Hace pocos días, por ejemplo, acompañamos al juzgado a los residentes de Coco del Mar, que fueron voluntariamente a declarar por la demanda civil contra ellos, y una señora de la junta directiva comentaba que el caso le generaba tal incertidumbre que la estaba perjudicando física y psicológicamente y perturbando su vida personal y familiar.

  En última instancia, el Estado toma partido a favor de las empresas. Recientemente hemos tenido informes de pobladores de Pedro González muy preocupados porque en las próximas semanas se iniciará la construcción del proyecto hotelero. Y francamente nuestra organización aún no ha podido ocuparse del tema de la titulación de las tierras, porque nuestro trabajo es voluntario, no tenemos capacidad suficiente, y por lo tanto hemos tenido que dividir las luchas: primero atender el tema de las personas con medidas de detención, y dejar para luego el tema de las tierras y las titulaciones. Pero el gobierno sí puede, y debería ocuparse de estos temas. El tema es que falta voluntad política; en el caso específico de Pedro González, uno de los grandes accionistas del proyecto en cuestión es Guillermo Saint Malo Eleta, pariente de la vicepresidenta de la nación. Así es que las soluciones al conflicto no avanzan porque hay fuertes intereses de por medio.

  En ciertos casos, como el de Barro Blanco, la toma de partido otorga al Estado un rol más represivo. El caso de Barro Blanco es un conflicto de larga data que empezó con concesiones a empresas hidroeléctricas varios gobiernos atrás. El proyecto se impuso contra la voluntad de la población indígena de la zona, que se vio desplazada y sufrió daños irreparables en poblados, zonas de cultivos y sitios religiosos, históricos, arqueológicos y culturales. En este caso, el Estado se ve involucrado de lleno toda vez que se dan enfrentamientos. Los pobladores exigen que las empresas paren los trabajos, y en cambio el gobierno suelta a la policía antimotines y los agrede. Hay un entramado de complicidades entre las empresas y el Estado, y el tiempo que pasa corre en contra de estas poblaciones, porque los proyectos de infraestructura acaban convirtiéndose en hechos consumados.

  3. ¿De qué manera se organiza y trabaja la sociedad civil panameña para superar estos obstáculos?

  Nosotros trabajamos en red. La organización que presido, Afropanameñ@ Soy, es parte de la Coordinadora Nacional de Organizaciones Negras en Panamá (CONEGPA). Trabajamos todo lo relacionado con los derechos humanos de las personas afrodescendientes. También formamos parte de la Alianza Ciudadana Pro Justicia y de la Red de Derechos Humanos de Panamá.

  La Red de Derechos Humanos tiene unos tres años de mucha actividad, y trabaja mediante una asamblea de acción ciudadana formada por unas 30 organizaciones, entre ellas sindicatos y grupos de mujeres, juventud, indígenas, grupos LGTBI y afrodescendientes. La asamblea generalmente se reúne dos veces al mes y aborda temas de actualidad nacional; la red se activa cuando se da alguna presentación de un caso específico de violación de derechos. Tenemos un grupo técnico que se encarga de hacer el relevamiento en el terreno. Nosotros asumimos todos los gastos: hacemos colectas para poder mandar a este grupo a hacer el trabajo de campo y redactamos y difundimos el informe. Tenemos ya dos informes técnicos elaborados, uno sobre Pedro González y otro sobre Barro Blanco, este último disponible en la web. Personalmente he tenido la oportunidad de participar en los dos, y en este último más intensamente porque incluyó la variable étnica, ya que las comunidades afectadas tienen una alta proporción de afrodescendientes.

  Como la Red se sostiene exclusivamente en los esfuerzos de sus miembros, sin ningún otro financiamiento, es clave para nosotros recibir la colaboración de otros actores. Así, por ejemplo, cuando tenemos alguna consulta legal más técnica recibimos apoyo del Colegio de Abogados. En este momento estamos trabajando en un pequeño proyecto con la Defensoría del Pueblo, la Universidad de Panamá y otras instituciones académicas, para desarrollar un diplomado para formar expertos en levantamiento de informes en situaciones de crisis. Todavía está un poco verde, pero para nosotros esto es fundamental porque no cualquiera puede hacer una investigación y producir informes de este tipo, y necesitamos más técnicos que puedan dedicarse a estos procesos.

  Nos vinculamos también con grupos de prensa alternativos que nos apoyan dando divulgación a nuestros casos. El sistema de medios de comunicación es muy poco accesible para nosotros, ya que en general está compuesto de grandes empresas muy poderosas que suelen tomar partido por las empresas que criminalizan al activismo. Nuestro trabajo de difusión recientemente resultó en una cobertura más equilibrada de la movilización que se produjo cuando los residentes de Coco del Mar se presentaron a declarar.

  Y también, por supuesto, llevamos nuestros reclamos a organismos de derechos humanos como la Comisión Interamericana de Derechos Humanos (CIDH).

  4. ¿Qué le reclama la Red de Derechos Humanos al gobierno de Panamá en la CIDH?

  Como Red de Derechos Humanos hemos tenido la oportunidad de participar en audiencias temáticas de la CIDH en 2014, 2015 y 2017. A ellas hemos llevado casos de violaciones de derechos humanos que están teniendo lugar en Panamá, y en particular en la última, hemos expuesto el reiterado incumplimiento del Estado a las recomendaciones de la CIDH así como a algunos fallos vinculantes de la Corte Interamericana.

  En efecto, el seguimiento por parte del gobierno es totalmente inconsistente. El gobierno asume compromisos pero luego no cumple con lo acordado. Uno de los compromisos tomados en la audiencia de la CIDH en Washington, en marzo de 2017, fue el de establecer una mesa temática con reuniones periódicas en las que se irían viendo los casos. Sin embargo, dicha mesa nunca se estableció. Tras regresar a Panamá, fuimos convocados a una sola reunión en Cancillería en abril. Fue muy incómoda, porque no fue más que un monólogo y no se pudo ni siquiera definir una agenda, por no hablar de llegar a algún acuerdo. Estaban presentes todas las partes, había altos funcionarios – estuvo incluso el viceministro de la Presidencia Salvador Sánchez González, a quien siempre mandan a dar la cara a las audiencias porque antes de entrar al gobierno trabajó en temas de derechos humanos -, pero fue una pérdida de tiempo. Lo único que quedó de allí fue la idea de hacer una gira a la isla de Pedro González, que eventualmente se hizo, pero eso era parte de un compromiso ya asumido. En la reunión solo se habló de Pedro González; el caso de Barro Blanco se abordó apenas de un modo muy general.

  En la última audiencia de la CIDH, realizada en Montevideo en octubre de 2017, aprovechamos para recalcarle al Estado que estamos totalmente disconformes con la forma en que están abordando, o más bien no están abordando, el tema. Nuevamente reclamamos el establecimiento de la mesa temática, desde la cual esperamos poder desarrollar un Sistema Nacional de Protección de Defensores y Defensoras de Derechos Humanos, que queremos que se convierta en ley. Queremos un sistema de protección con protocolos para aplicar en determinadas situaciones y con mecanismos de alerta, prevención, monitoreo, evaluación y rendición de cuentas desarrollados e implementados con la participación de expertos de la sociedad civil. Queremos una dinámica de respuesta competente, especializada, ordenada, moderada, oportuna, e integrada no solamente por personas la sociedad civil expertas en temas de derechos humanos sino también por contrapartes estatales con capacidad de decisión, ya que queremos la seguridad de que podrá resolver las situaciones de conflicto que estamos observando.

  Luego de que regresamos de Montevideo fuimos citados para una reunión en Cancillería el 23 de noviembre; esperamos antes de esa fecha poder fijar una agenda para que sea una reunión productiva. Ojalá haya voluntad del gobierno para establecer el sistema de protección que estamos reclamando.

  5. ¿Cuán conectada está la sociedad civil de Panamá con sus contrapartes en otras partes del mundo? ¿De qué modo podrían los actores externos apoyar a los activistas y a las organizaciones de la sociedad civil panameña?

  En la Red trabajamos con las uñas, en forma voluntaria y sin más apoyo que el que nos dan las organizaciones y personas que integran la Red. El tiempo que yo le destino a la Red es no remunerado y se suma a mis actividades profesionales, de modo que me es muy difícil estar 100% en eso. La Red todavía no tiene siquiera una página web, y cuando viajamos a instancias como la CIDH lo hacemos generalmente por esfuerzo que proporcionamos los integrantes de las diversas organizaciones. Para la audiencia de Montevideo solo pude ir yo en representación de la Red.

  De ahí que para nosotros sea clave fortalecer las redes de las que formamos parte. Por ejemplo, en calidad de organización afrodescendiente, Afropanameñ@ Soy es parte de redes internacionales de organizaciones afrodescendientes. Trabajamos con la Red de Mujeres Afrocostarricences, a la cual hemos puesto sobre aviso respecto de los temas que nos ocupan, sobre todo en la Isla Pedro González, y ellos a su vez nos pusieron en contacto con otras organizaciones similares en otros países. Se trata todavía de vínculos muy leves y todavía no muy concretos, pero estamos tratando por todos los medios de informar a nuestros amigos y contactos.

  La labor de visibilizar los casos es titánica, y para eso necesitamos de mayores contactos con organizaciones internacionales. Se nos ha hecho muy difícil, pero estamos intentando conectarnos con organizaciones que se ocupan de temas de tierras y que puedan orientarnos y asesorarnos sobre cómo llevar los casos.

  Pero para conseguir apoyos, tenemos que trabajar primero en disipar esa imagen que nuestro país emite hacia afuera de que acá no pasa nada, que somos cosmopolitas y modernos y está todo bien. De hecho muchos primero se asombran cuando leen nuestros informes y se enteran de los atropellos contra las comunidades y los casos de criminalización e intimidación de activistas. Pero esta es la realidad que estamos viviendo, y estamos tratando de hacerla visible. El hecho de que CIVICUS muestre interés en escucharnos y dar a conocer lo que aquí está pasando es sumamente valioso para nosotros.

  • El espacio cívico en Panamá es clasificado como ‘estrecho’ en elCIVICUS Monitor.
  • Siga a@Afropanamasoy y a@Ileanamolo en Twitter

  
  

   

• HONDURAS: ‘We must address the roots of the conflict: the handing over of natural resources’

  CIVICUS speaks about the criminalisation of environmental, land and territorial defenders in Honduras with Edy Tábora, director of the law firm Justicia para los Pueblos (Justice for the Peoples) and coordinator of the group of defence lawyers of eight defenders of the Guapinol river who were recently released from detention.

  Why were the Guapinol defenders criminalised?

  The case of the eight Guapinol comrades deprived of their freedom is one of the most revealing expressions of the conflicts around mining and energy and the dispossession of land and natural resources in Honduras. Along with that of Berta Cáceres, the Guapinol case is one of the most significant ones.

  Berta’s case, which culminated in her assassination, was the first in a new wave of criminalisation surrounding dispossession projects following the 2009 military coup. Her case displayed all the typical elements: stigmatisation, surveillance, rupture of the social fabric, criminalisation. The same pattern can be seen in many parts of Honduras.

  After the coup, there was a privately conducted exploration of mineral deposits and businesspeople realised there was a lot of money to be made here. In the case of Guapinol, the process kicked off with the granting of an iron oxide mining concession – one of the largest in the country – to Los Pinares, a holding company registered in Panama, owned by an extremely wealthy Honduran family. Its mining business was developed jointly with the US company Nucor.

  Nucor claims to have withdrawn from the project in late 2019 due to the conflict triggered by the criminalisation of the Guapinol defenders, but there is no evidence of this and we do not believe it to be true. Los Pinares is simply the mining arm of a company whose power comes from airport concessions at home and abroad. It is a company with high-level political connections, and with so much power that in 2013 it succeeded in getting the National Congress to change the delimitation of the core zone of a national park.

  On 22 April 2013, the day before a new mining law came into force, applications were submitted for the two mining concessions related to the Guapinol case, both located in the core zone of the Montaña de Botaderos National Park. This had been declared a national park in 2012, as part of a ‘friendly settlement’ with the relatives of Carlos Escaleras, a social leader and environmental defender active in the 1980s and 1990s, who was assassinated for defending this mountain. The statute of the national park, which bears the name of Carlos Escaleras, prohibited the granting of mining concessions in its core zone and even its buffer zone.

  However, in 2014, engineers began to arrive on the mountain to collect information and check how deep down metal was deposited. People noticed this, began to demand an explanation and organised in the Municipal Committee of Public and Common Goods of Tocoa.

  In June 2016 they began to file complaints; some were filed by the Guapinol defenders who ended up in prison. They requested information from the institutions in charge of granting mining permits but only obtained some information in November 2019, after three years of back and forth. Tired of not getting answers, in June 2018 people started protesting at the Municipality of Tocoa Colón. It was then that systematic surveillance by the national police and Los Pinares security began.

  In August 2018, the Honduran Council of Private Enterprise held press conferences in which it complained to the government about an alleged loss of 20 billion dollars caused by ‘vandals’ protesting in various parts of Honduras.

  Criminalisation was a nationwide strategy, but the criminalisation of the Guapinol comrades was the most serious case. On 8 September 2018, the Public Prosecutor’s Office presented the first accusation against 18 comrades for the crimes of usurpation, damage and usurpation of public space. Los Pinares appeared in the hearings as the accuser. Fourteen comrades were put on trial and all their cases were closed, but the fact that they were accused enabled the illegal eviction, in October 2018, of the Camp for Water and Life, one of many set up around Honduras. This was one of four charges brought by the Public Prosecutor’s Office as part of the strategy to criminalise resistance movements against mining and energy projects.

  In January 2019, in response to a complaint filed by Los Pinares, the Public Prosecutor’s Office filed another indictment against 32 people, including eight Guapinol comrades. The nature of the charges changed: it was no longer about usurpation of public space but about organised crime. Human rights defenders were now treated as taking part in organised crime, with charges including criminal association, theft, damage, unjust deprivation of liberty and aggravated arson. The case was assigned to the Specialised Court for Organised Crime, which meant it was transferred from local to national jurisdiction, in violation of the right to be tried by one’s natural judge. 

  Of the 32, a first group voluntarily submitted to trial in February 2019 and was kept in prison for only 10 days before the accusations against them were dismissed. The Guapinol eight, however, despite having voluntarily submitted to trial, were subjected to arbitrary detention from 26 August 2019 until 24 February 2022, when they finally regained their freedom.

  What did civil society do to secure their release?

  During the pandemic, Guapinol was one of the most high-profile cases globally. Not even the pandemic could stop our comrades’ defence. We quickly moved our activities online, and by late April 2020 we were already filing habeas corpus writs for our comrades’ right to health, alongside international organisations. Even under these conditions, we managed to set up discussions with important organisations, and three months after the pandemic began, we restarted our advocacy work, which meant that by the time the trial started, the case had become very well known around the world.

  Initially the case was promoted by the Coalition Against Impunity, which brings together more than 50 Honduran civil society organisations (CSOs). Later, many CSOs joined a kind of international support group for the case.

  First, we publicly denounced the violence and criminalisation against the Municipal Committee. Second, before our comrades were imprisoned, we documented the irregular granting of concessions for natural resources. Third, alongside several Honduran CSOs, we organised our comrades’ legal defence. A working group was then organised including national and international CSOs to support the defence. A lot of advocacy work was done, both nationally and internationally, to convince the public that this was a very important case and to counter the company’s account of the violence allegedly committed by our comrades.

  Documentary and testimonial work was crucial to expose our comrades’ real activism. We had many meetings with international CSOs. Canadian, US and European organisations and academics reported on the concession and the legal process. International CSOs filed amicus curiae – friend of the court – briefs with Honduran courts. We participated in multiple forums with national and international organisations.

  Many actions converged to create a powerful wave of demands for our comrades’ release. CIVICUS’s and Amnesty International’s campaigns, for example, allowed us to reach wider audiences. When the trial came, the case was widely known, and less than 24 hours after the end of the trial, in which our comrades were convicted with two thirds of the court’s votes, the Supreme Court of Justice annulled the whole process and ordered them to be released.

  This was an unprecedented decision, surely motivated by the strength of the demand for their freedom and by the evidence presented, both in and out of court, which demonstrated that our comrades were innocent and that they fight for a just cause that is of great interest to humanity.

  Are there other cases like the Guapinol case in Honduras?

  There are many defenders criminalised for defending land, including some from the Garífuna people, a marginalised minority, but they are not in prison. Many comrades were also imprisoned for defending democracy in the aftermath of 2017’s electoral fraud: around 30 people were imprisoned in maximum security prisons, but they are currently free. Most pending cases are being closed as a result of an amnesty issued by the National Congress in February 2022.

  In that sense, the Guapinol case was an exception, because this amnesty did not apply to them. What’s important about this case is that we managed to close the process by defending ourselves even with the highly questionable tools offered by the Honduran judicial system.

  However, there were other cases at the same time as Guapinol, such as that of the Indigenous comrades of the Lenca people in the department of La Paz, who were accused of forced displacement. They were imprisoned for more than a year for a crime that is the craziest thing I have ever heard: they were accused of displacing landowners. The Public Prosecutor’s narrative uses the made-up concept of ‘reverse racism’, according to which Indigenous peoples can also commit discrimination against minorities within their communities – the minority in this case being the landowners.

  Do you view Guapinol as part of a pattern of criminalisation against environmental defenders?

  We have detected patterns of criminalisation by sector in the cases we have monitored. For example, between 2011 and 2016 one of the most criminalised sectors was the student movement mobilised in defence of public education. Some 350 students, mostly university students, were criminalised.

  In the case of environmental defenders, we were able to document several patterns of criminalisation. Again and again, prosecutions were initiated only a few days after pronouncements by companies or employers’ organisations. The behaviour of the police and the Public Prosecutor’s Office has also been similar in all cases, with an initial focus on eviction and accusations changing over time following the same pattern. The narrative peddled by companies is always the same as well, often because they share the same lawyers.

  Criminalisation follows different patterns depending on the interests affected. The crimes people are accused of when challenging mining interests differ from those used to dispossess communities of land for the construction of tourism megaprojects or the plantation of African palm in the Atlantic zone, and from those used against peasants claiming access to land and crops.

  However, all the groups criminalised over the past 15 years have something in common: their resistance to the project, promoted since the 2000s, of handing over natural resources to private companies. Land grabbing was politically supported the state following the coup: from that moment on, national regulations were made more flexible to facilitate dispossession and the national police and the security forces of the Public Prosecutor’s Office and the judiciary were placed at the service of the private sector, which used them to criminalise land rights defenders.

  Has there been any improvement in the situation of environmental defenders since the new government came to power in January 2022?

  The new government brought several positive changes. First, while we had already achieved the closure of several emblematic cases, it decreed an amnesty that resulted in the closure of most legal proceedings against defenders, although there are still some cases pending.

  Second, the new government has put an end to the state’s stigmatisation of land struggles, which used to make use of information obtained by state security forces. And third, for the time being the government has not tackled conflicts with violence. People who protest are not being repressed.

  In recent years state violence was deployed to manage social protest, private violence was reflected in the assassination of defenders, and hybrid violence was seen in the area of surveillance. Over the four years of the current government we may no longer witness violent management of social protests, but there is a chance that state violence will be replaced by private corporate violence.

  What are the challenges ahead?

  The challenge right now is to address the causes of criminalisation. We have worked to defend and support our comrades criminalised by the state and private companies, but we have never been able to address what’s at the root of the conflict: the handing over of natural resources. Preventing the criminalisation of defenders is a big step, but we must address the issue of concessions, which in fact continue. Approved projects are waiting to be implemented. If we don’t seize the moment to address this problem, then when the government’s political colour changes, private companies will come back stronger and criminalisation will intensify.

  Moreover, social movements are worn out after 12 years of resistance against the handing over of natural resources. There must be accountability, reparations for victims and guarantees of legal security for defenders to be able to do their work. The hostile legal framework for exercising rights and defending human rights that has been established in recent decades must be reversed.

  Civic space in Honduras is rated ‘repressed’ by theCIVICUS Monitor.
  Learn more about the Guapinol case on itswebsite and follow@Edy_Tabora on Twitter.

• Joint statement from Environmental rights defenders workshop

  In response to the rise in the attacks, harassment and killings of human rights defenders and activists defending land, environmental and indigenous rights, CIVICUS and Publish What you Pay released a report on the different restrictions and attacks faced by activists. 

• Liberian rural communities face ‘David vs Goliath’ battle with multinationals

  CIVICUS speaks to a Liberian activist about the invasions by multinational companies into community and indigenous lands. Rural communities are at the receiving end of human rights violations perpetuated against these companies and the police while the state appears to be turning a blind eye to their plight. The activist prefers to remain anonymous to protect their identity.

  1. Can you describe the state of land rights, resource rights and indigenous rights in Liberia?
  Communities and land rights activists in Liberia struggle to protect land and natural resources from multinational companies who are given access to land and natural resources by the government without taking into consideration the needs and views of Liberians. In exploiting land and natural resources, these multinational corporations violate the rights of communities, exploit children and their actions have an adverse effect on the environment. Recently, the Liberian government discussed land ownership and rights through a land authority and land rights Act and promised to include more local voices such as those of women and children. However, the laws remain unenforced even though resources that are being taken by big companies are supposed to empower all communities in Liberia. A major challenge is that these multinationals have agreements with the government without taking into account the views and concerns of communities whose livelihood will be affected by the exploitation of these resources. 

  2. What do you view as the core issues related to Golden Veroleum’s work in Liberia?
  The survival and livelihood of Liberia’s rural communities is attributed to their access to the rainforests and to land for cultivation. Upon the arrival in 2010 of Golden Veroleum Liberia (GVL), a oil palm developer, rural farmers’ lands have been taken from them, often times by force. GVL has continued their expansion and let nothing get in their way; not farmers, not virgin rainforests teeming with wildlife, not even their promises made to help the local communities and assist them in developing education and other necessities. GVL has continued their operations but has returned nothing to the Liberian communities from whom they took the land.

  Many of the communities and farmers have disagreed with GVL but have been met with threats and bribery by officials in positions of power. When the members of the communities chose to take a stand and express concerns over the actions of GVL, they have been arrested and beaten. GVL has employed a heavily armed and armored police unit called the Police Support Unit which they have invited to indefinitely stay to protect GVL’s interests and plantations. The workers that work for GVL are underpaid – in most cases US$10 a day and a rice supply which GVL’s forces have been confiscating in village raids. GVL has forced communities out of their land and some members of communities have gone into hiding to avoid reprisals.

  3.  How are communities of rural farmers affected by GVL’s palm oil production?
  The land of these rural farmers has been confiscated, oftentimes by force, and has been poisoned with the chemicals used inside of palm plantations. GVL supposedly assumes that all local farmers will be obliged to work for them, facing underpayment and no access to the land on which they used to live. Some farmers have refused and simply left to live in the rainforest, yet GVL’s continued expansion threatens the delicate balance of the rainforest in which they live. Others have been beaten and imprisoned and remain there with no hope of ever leaving due to the corruption of GVL’s employed police unit.

  4. In addition to concerns by farmers, can you expand on what your concerns are about the palm oil expansion by GVL?
  My concerns are that the pleas of these farmers have remained unheard and overlooked by the Liberian government because of the economic benefit the government is receiving for this development. The conditions into which they force these communities, along with the ruthless means used to place them in such peril is very worrying and speaks a lot about the corruption that remains unexposed within the palm oil industry. I am concerned at what the future will bring, with little advancement in development for the communities. Farmers are detained and several are unaccounted for and GVL colludes with the government to gain access to land without consent of local communities.

  5. In your opinion, why is this issue not being covered in the mainstream media?
  Much of the story has been covered up or kept quiet by corrupt local officials and GVL. However, we hope that as civil society continues to highlight these issues, the matter will get the attention it deserves. Palm oil is used widely for domestic and industrial purposes — from cleaning products to culinary purposes and manufacturing — yet the methods of producing palm oil are not made public. Even major brand names using this oil have not spoken about which companies they source it from and by what means. If this was publicised by the mainstream media there would be a breach of trust between consumers and providers.
  
  6. How has the government of Liberia responded to opposition to the oil plantation and why has it responded in this manner?
  In the aftermath of Liberia’s war, the government expected investors to boost the economy and were quick to accept companies that produce palm oil. Liberians were initially happy about the arrival of multinational companies as they promised to create jobs and build schools. However, when the multinationals started violating the rights of communities, the government did not respond. In fact, we know that GVL has been bribing government officials who now ignore the actions of GVL and silence the voices of communities.

  7. What can international civil society do to provide support and solidarity to activists in Liberia on this matter?
  I would suggest we call on the UN Human Rights Council and the Office of the High Commissioner for Human Rights to include Liberia consistently on their agenda. It would also be important for international human rights institutions and mechanisms to work with the Roundtable on Sustainable Palm Oil, a voluntary association of the palm oil industry, to ensure GVL stops its operations until it has fulfilled promises made to communities. Finally, we hope local and international media outlets can do more to highlight the human rights violations, human-trafficking, child slavery and illegal deforestation which are common in the palm oil industry. This will persuade customers to demand that their providers ensure that products are produced in line with ethical and human rights standards. Providers unwilling to meet these demands should be exposed to prevent further damage to communities and their lands, in countries such as Liberia. 

  • Liberia is rated as “Repressed” by the CIVICUS Monitor.

• Malaysia: Government must halt harassment of land rights defenders

  

  ^{Credit: Parti Sosialis Malaysia}

  ARTICLE 19 and CIVICUS are concerned by the arrests of three land rights defenders and a farmer for trying to block a forced eviction by the Perak state government on 24 October.  Our organisations are also disturbed by the way the authorities conducted the eviction and the use of force against a human rights defender.

• PARAGUAY: ‘As long as land remains in private hands, conflict will continue '

  CIVICUS speaks with Alicia Amarilla, national coordinator of the Organisation of Peasant and Indigenous Women (CONAMURI) in Paraguay about conflicts over land rights between the state, the private sector and Indigenous communities. CONAMURI is a Paraguayan organisation of Indigenous and peasant women that has been working for 22 years to defend and promote their rights and seek solutions to situations of poverty, exclusion and discrimination based on ethnicity and gender.

• SIERRA LEONE: ‘Civil society needs international support to monitor the implementation of the new land laws’

  CIVICUS speaks with Berns Lebbie, lead campaigner and national coordinator of Land for Life (LfL) in Sierra Leone, about two new laws aimed at improving the ability of communities to protect their land rights and the environment. LfL brings together civil society organisations (CSOs) in four African countries: Burkina Faso, Ethiopia, Liberia and Sierra Leone. It aims to contribute to the formulation and implementation of policies on land governance and agricultural investment consistent with international standards, and specifically the human right to adequate food.

  What prompted Sierra Leone’s parliament to pass new environmental and land rights legislation?

  Sierra Leone’s parliament has finally debated and passed the Land Commission and Customary Land Rights Bills, which are pending presidential approval. The new laws aim to address the problems of the country’s dual land tenure system. More than 95 per cent of Sierra Leone’s land is under customary rules preventing private ownership. Customary rules are often ambiguous and inconsistent, allowing for arbitrary and discriminatory application.

  The need to rethink the land tenure system came to the forefront following a rush for large-scale land acquisitions for biofuel production between 2010 and 2013. The government was not prepared to handle multinational investment, as existing laws were obsolete. As a result, tensions grew between private sector investors and community land holders, and legal reform became a must.

  The new laws came after years of progress in implementing legal and policy changes advocated for by civil society and the international community. It all started in 2010 as the government became aware of the importance of investment. Through an initiative funded by the United Nations (UN) Development Programme, Sierra Leone had its first version of a national land policy in 2011. Policies then underwent several updates.

  In 2013, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests were introduced in Sierra Leone. This internationally agreed framework guided the review process of Sierra Leone’s policy, which was finalised in 2015 and launched in 2017.

  One of the key policy recommendations to emerge from the review process was that the government should enact new land legislation, so in 2018 consultants were hired to draft model bills. These were drafted with input from national stakeholders, local authorities, traditional chiefs, CSOs and the private sector. Our network participated in the process by producing policy papers representing the views of community landowners and local authorities. We ensured their perspectives became an integral part of the documents that accompanied the model bills.

  Once they were presented to the public, however, the model bills sparked a lot of debate. The National Council of Paramount Chiefs rejected them entirely in a letter to the president. The private sector sent a list of concerns to the Minister of Land, while civil society raised some concerns through a parliamentary brief. In response, the minister engaged separately with each interest group, paving the way for parliament to continue with the reform process.

  How significant is the new legislation?

  Although they are only first steps in a long road to organise and modernise Sierra Leone’s land governance sector, the two laws offer distinct benefits.

  The 2022 National Land Commission Act establishes a land commission that will function as an operational arm of the Ministry of Land, as well as several decentralised level structures. It takes an inclusive, gender-sensitive and participatory approach. As a result of this law, all lands will be titled and registered through a state-run real-time information and cadastral system.

  The 2022 Customary Land Rights Act is aimed at protecting customary land rights, organising and harmonising customary land governance in the provinces. To address the problem of gender-based discrimination, it establishes women’s right to own and use family land on an equal footing with their male relatives.

  Regarding investment processes, the law mandates investors to seek landowners’ free, prior and informed consent. All customary lands must be registered before they can be acquired for investment. The law also seeks to ensure the responsible use of natural resources and protected areas. Citizens now have a 10 per cent minimum share in all large-scale land-based investments. When government sets a floor price for land leases, families still have the right to renegotiate lease fees.

  The law also states that no investment should take place on ecologically sensitive areas such as wetlands, swamps, lagoons and protected areas. Under certain conditions, only sustainable development projects approved by the authorities will be able to proceed.

  Any commitment or agreement of private companies with regulatory agencies or funders will automatically form part of their land lease agreements. In this way, the land law will strengthen the enforcement of other laws, such as those on environmental protection and climate change mitigation.

  What’s next for the civil society groups working on land and environmental rights in Sierra Leone?

  Parliament now needs to pass the final reviewed versions of the bills to the president so he can sign them into law. At this stage, civil society plays a key monitoring role to ensure the contents of the bill sent to the president for signature are the ones debated and agreed upon.

  Once the bills are signed, we will take part in their formal launch at a national land conference that we will co-organise with the Ministry of Land. Following that, we will organise a national-level training of trainers targeting CSOs, the media and others. To make the laws accessible to the public, we will produce a simplified compendium. For instance, we will work with telecom agencies to break down the key contents of the laws into text messages. We also plan to launch an app with a search function for easy referencing.

  How can international allies support land rights groups in Sierra Leone?

  Sierra Leonean civil society needs international support to monitor the implementation of the new land laws. First and foremost, we need financial support.

  Our CSO network is currently funded by the German Ministry for Economic Cooperation and Development through the German CSO Welthungerhilfe, but that funding is quite limited. Although the UN Food and Agriculture Organization has overseen the reform process, we have not received any funds from them, as all its funding goes directly to the government. It is the same with other UN agencies, the World Bank and other international financial institutions. As there is no hope for Sierra Leonean CSOs to get any funding from them, we really need international civil society to step in.

  ---

  Civic space in Sierra Leone is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with LfL Sierra Leone through itswebsite orFacebook page, and follow@Land4LifeSalone on Twitter.

• TANZANIA: ‘The human rights of the Maasai people are violated through involuntary assimilation and relocation’

  CIVICUS speaks about the unlawful eviction of Maasai people from their ancestral lands with Joseph Moses Oleshangay, a Tanzanian human rights lawyer and activist for democracy and Indigenous peoples’ land rights. Joseph is currently working with the Legal and Human Rights Centre to raise awareness of human rights violations and promote good governance in Tanzania.

  Why are Maasai people being evicted from their land in Tanzania?

  The Maasai eviction is largely caused by the government’s lust for money. The tourism and hunting business promises to bring a lot of capital, and unfortunately, that can only happen if the Maasai are removed from their native land. The government is currently planning to evict Maasai people living in Loliondo and Ngorongoro to establish a game-controlled area in Loliondo and potentially change the status of a conservation area in Ngorongoro to a game reserve.

  The government has proposed to establish game reserves in every single district ancestrally occupied by Maasai communities. The way this project is being carried out is unethical and threatens many lives and the cultural survival of the Maasai.

  Sadly, to gain public support and trust the government has created a narrative that this is a nature conservation project. But it has been scientifically proved that Maasai pastoralism is compatible with environmental and wildlife conservation. While the government generally accuses the Maasai as threatening tourism in Ngorongoro, 70 per cent of tourists in Tanzania in 2019 visited Ngorongoro, with the remaining 22 national parks and game reserves attracting only 30 per cent of the tourist inflow. Ngorongoro also contributes 52 per cent of the earnings from tourism. It is the only conservation area in Tanzania where humans – Maasai – are legally allowed to coexist with wildlife. As well as being by far the best tourism destination in Tanzania, it has the highest wildlife population density in the world. This shows that the government’s claim that the Maasai are threatening wildlife conservation and tourism is a completely false narrative.

  In Ngorongoro over 80,000 people are facing the threat of eviction, which the government justifies by claiming the population has exceeded the carrying capacity of the land. But according to the latest census, Ngorongoro has a human population density of 10 people per square kilometre, compared to a national average of 60.

  The tourism industrial complex is pushing the government to forcefully evict Maasai people from their land because they think the Maasai don’t add value to the business and will disrupt the activities they want to undertake in Loliondo, Ngorongoro and the neighbouring Serengeti National Park. The authorities know that wildlife massacre, one of the key businesses planned, won’t be possible under the Maasai’s watch and their pastoralism livelihoods will not fit the overall hunting and hotel aesthetic they are trying to create.

  The government has an obligation to take care of the environment and ensure the safety of all who live in it. If Maasai people are allowed to stay in the newly created game reserves, they will witness wildlife massacre and will inevitably suffer harm. The government cannot risk this being exposed.

  So without consulting with the Maasai community, the government has started its eviction plan in a manner that will force their integration with the majority community in the coastal region. To facilitate relocation, on 31 March the government withdrew all funds previously allocated to health, education and other key services. In 2021 the government threatened to demolish nine government primary schools and six health centres. In April 2022 the government’s chief spokesperson recognised that life-saving services were prolonging the Maasai presence in the Ngorongoro so there was a need to dismantle them.

  What human rights violations have been reported?

  Many human rights violations have been reported, and they are reaching a level we had not seen since our independence. They are more brutal than what our people experienced in the colonial era. Never before has our country witnessed a campaign targeting a specific community as we are now seeing in Ngorongoro. The Maasai are being portrayed as primitive people whose ancestral land is elsewhere, and the president has said they are new arrivals in Tanzania, so in case of a forceful relocation, the authorities can claim the Maasai have no attachment to Ngorongoro.

  In early June, the authorities installed beacons in the place destined to become a game-controlled area, against Tanzanian law and in violation of an order issued by the East Africa Court of Justice in 2018. In 2017 a Maasai representative filed a complaint at the Tanzanian Human Rights and Good Governance Commission against the planned eviction and submitted a case to the East Africa Court of Justice seeking intervention against violent operations that ended with at least 349 Maasai homesteads being set ablaze.

  Despite the temporary orders issued by the Court directing the government to halt relocation pending a final decision on the case, on 17 June 2022, just five days before the date set for delivery of a judgment, the government declared the contested land as a game-controlled area. Surprisingly, four days later the Court issued a notice that the decision would be delayed until September, giving the government leeway in executing atrocities in Loliondo.

  The demarcated area includes not only village land, which is forbidden by the law, but also people’s homesteads. The police have used teargas and guns, wounding 31 Maasai people. Before beacons were installed, all elected political leaders were arrested and detained incommunicado for seven days before being arraigned in court on murder charges – for a murder that happened one day after they were arrested.

  There are currently 27 Maasai people charged with murder and over 80 detained under the accusation of being unlawful immigrants. Some have been subjected to torture. Over 2,000 people have reportedly crossed the border with Kenya for security reasons.

  Since June, Maasai livestock have been killed or impounded by security forces and a large-scale operation is ongoing to silence anyone who speak against the situation in Ngorongoro and Loliondo.

  How will this eviction affect Maasai people?

  To understand how Maasai people will be impacted upon, one needs to understand who the Maasai are. They are a semi-nomadic pastoral people who move from one place to another in search of their livelihood. They have lived alongside wildlife for centuries and know how to preserve their environment. They have established their cultural practices and spiritual sites that define them as a distinct society.

  Relocation will disturb their culture. There is a place called Oldoinyo Lenkai (‘Mountain of God’) where the Maasai believe their god lives and usually conduct sacrifices during times of scarcity and crisis. If this land becomes a conservation area with restricted access their right to spirituality will be taken away. Ultimately, relocation has a strong chance of leading to their extinction as a people.

  One of the government’s justifications of the relocation process is what they call the need for forced civilisation of the Maasai people, who would have a better life if they coexisted with people from different backgrounds. But this will force them to adopt a culture that is not their own. Involuntary assimilation and relocation are the greatest human rights violations and generally fall under the accepted meaning of genocide under the Rome Statute that established the International Criminal Court.

  How are civil society activists and organisations fighting back?

  We are fighting this in many ways. We are challenging the government by debunking its narrative. The government is spreading propaganda to get public support, so what we do is inform people about the dangers of these evictions and that they are founded on false narratives. We also use our various platforms to highlight that the Maasai add value to both nature conservation and tourism, providing accurate information to counter false claims.

  We also have filed a court case against eviction. The law is one of the strongest tools we are using in fighting injustice in this battle. We can use the law to hold the government accountable and demand it halts the planned eviction. We are trying to make sure that the truth about what is happening is known not only internally but also by the international community.

  We have been fortunate enough to have regional and international organisations such as the African Commission on Human and Peoples’ Rights and United Nations human rights experts publicly condemn the actions of the Tanzanian government and urge it to stop unlawful evictions.

  But we have faced challenges, including the lack of functional legal processes in Tanzania. The 2018 court order requiring a halt to the operations have not been respected. Our government thinks it is above the law and this is affecting our progress in fighting the eviction. As activists our lives are in danger. The government threatens us and many activists had fled the country for safety.

  What kind of assistance do you need from international civil society?

  We need international organisations and activists to help us expose what is happening in Tanzania, because if this is known about internationally the government might be pressured to do better. International allies should use their platforms to highlight the gruesome violations of rights experienced by the Maasai people and keep people informed about our activities.

  Civic space in Tanzania is rated ‘repressed’ by theCIVICUS Monitor.

  Follow@Oleshangay on Twitter.

• UGANDA: ‘Shrinking civic space means affected communities are not able to make their voices count’

  
  CIVICUS discusses the hopes and roles of civil society at the forthcoming COP28 climate summit with Ireen Twongirwe, a climate activist and CEO of Women for Green Economy Movement Uganda (WoGEM).

  WoGEM is a community-based civil society organisation (CSO) dedicated to advocating for and promoting women’s and girls’ participation in a greener economy. It brings together vulnerable women and girls and equips them with knowledge and capacities to engage in the search for sustainable community livelihoods and climate change mitigation and resilience efforts.

• UN Member States must hold South Africa accountable for the escalating crackdown on human rights defenders

  Statement at the 51st Session of the UN Human Rights Council 

  Item 6 General Debate

  Delivered by Mqapheli Bonono, Abahlali baseMjondolo

  Mr. President,

  This Council recognises that civil society is a critical component of the Universal Periodic Review (UPR) process.

  As we look forward to South Africa’s UPR in November, we cannot be silent on the killing of human rights defenders, particularly those working to defend land, housing and environmental rights, as well as corruption activists.

  I address you today with all the pain I carry from South Africa as the Deputy President of Abahlali baseMjondolo, a social movement of shack dwellers fighting for the right to housing, land, and dignity of the poor.

  It is my colleague, Lindokuhle Mnguni, the chairperson of the eKhenana Commune, who should be addressing you. Last month, Lindokuhle was gunned down for fighting for land and equality in South Africa. He was 28 years old. In the last six months, our movement has had to bury four of our members murdered by the police and suspected members of the ruling party.[1]

  Since 2009, 24 members of Abahlali baseMjondolo were killed with only two convictions secured. I was arbitrarily detained for 20 days on fabricated charges. Land and housing defenders are increasingly at risk in South Africa.

  The South Africa UPR is an opportunity for the country to address these violations, including the root causes leading to the killings of Human Rights Defenders (HRDs) with impunity.

  We call on States to submit strong recommendations for South Africa to address historically unresolved issues of land, security of tenure and adequate housing; to adopt legislation that ensures the protection and promotion of HRDs and to allow Special Rapporteurs on housing and HRDs to visit the country.

  South Africa is contesting membership to the Human Rights Council. It must fulfill to the highest standards its obligations as enshrined in the Constitution and under International conventions.

  Thank you.

  ---

  [1] For more information, see letterendorsed by more than 100 civil society organisations

  Civic space in South Africa is rated as Obstructed by the CIVICUS Monitor