Statement by the Honourable Pauline Sukhai, M.P, Ministry of Amerindian Affairs of the Republic of Guyana on the Implementation of the UN Declaration on the Rights of Indigenous Peoples, United Nations Headquarters, New York

Mr. Chairman,

Thank you for permitting me the floor to make an intervention on Guyana’s implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

I am pleased to inform the Forum that Guyana’s Constitution, laws and policies underscore the “equality of all peoples” and explicitly forbid discrimination on the grounds of ethnicity, gender and religion. In order to give effect to our Constitutional provisions, five Human Rights Commissions have been established namely; the Ethnic Relation Commission, the Gender and Equality Commission, the Indigenous Peoples Commission and the Rights of the Child Commission. These Commissions offer both a constitutional framework as well as a mechanism for redress.

Mr. Chairman,

Article 149G of the Constitution of Guyana guarantees the protection of Indigenous languages, cultural heritage and way of life and force assimilation is not tolerated. The Amerindian Act of 2006 and other policy measures promote the expression and development of culture and languages and during the month of September, Amerindian Heritage Month is celebrated to build awareness of the rich culture of the first peoples of Guyana.

Further, the Government of Guyana fully respects the principle of collective rights and the revised Amerindian Act of 2006 created the legal regime for the protection and enforcement of collective rights to land and internal self-government. Amerindian land titles are exceptional in the context of the titling of land in Guyana, in that it is collective, absolute, unconditional and forever, and this is applicable to lands traditionally occupied and used by indigenous peoples. Importantly, land claims take into account the spiritual, cultural and traditional attachment of Amerindians to the land and legally, the Government is responsible for funding land demarcation. The Mining and Forest Acts for instance respect Amerindians traditional rights to lands. In addition, the Environmental Protection Act ensures that traditional activities are not constrained. The opportunity for Amerindians to establish community protected areas within their villages is also based on the consent of the community members.

On the principle of self determination and governance, villagers democratically elect their leaders and councils to administer their affairs, are mandated to create their own village rules and community development plans this is in consonance with the national laws and as prescribes in UNDRIP Article #3 and 4.

The Government of Guyana ensures the inclusion, integration and representation of Indigenous peoples at all levels and constitutionally established mechanisms allow for decisions to be made in keeping with the principle of free, prior and informed consent. This principle is particularly evident on issues such as land rights, access to indigenous communities, use of natural resources, the conduct of research projects and the establishment of protected areas etc. Further, national investment policies for development are consultative, all inclusive and non-discriminatory giving full effect to Articles 21 and 23 of the Declaration.

Guyana has made significant strides in fostering the economic and social development of indigenous peoples. However, these achievements have recently been challenged by the parliamentary opposition, in their vote against the financial allocation budgeted for projects and programmes. This puts at risk the erosion of achievements, and the further development of Indigenous communities. The Government denounces this position of the Parliamentary Opposition. It would be remiss of me if I failed to mention that my country’s delegation to this meeting includes not only Government representatives but the Chief of the National Toshaos Council, the chairperson of the Indigenous Peoples Commission and an NGO representative from The Amerindian Action Movement of Guyana. This is a demonstration of partnership that exists between government and the indigenous peoples in Guyana.

Mr. Chairman,

We recognize the evolving challenges of creating opportunities and further mainstreaming indigenous development into our national development agenda. Nevertheless, we also recognize that our successes to date are largely due to our national laws and policies, as well as implementation of the Declaration, which have all positively impacted the human rights, social, cultural and economic well being of the indigenous peoples. We are of the firm view that our model for Amerindian development offers good practices and lessons, especially as it relates to partnerships between governments and indigenous peoples and more specifically indigenous land rights.

We stand in solidarity with indigenous peoples internationally and urge that oppportunities be utilized to engage in dialogue with government and other stakeholders for the advancement of the wellbeing of indigenous peoples.

I thank you.

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Statement by the Honourable Pauline Sukhai, M.P, Ministry of Amerindian Affairs of the Republic of Guyana at the Eleventh Session of Permanent Forum of Indigenous Issues, United Nations Headquarters, New York

Mr. Chairman, thank you for giving me the floor to make this brief intervention on behalf of the delegation of Guyana. I wish to join others in congratulating you on your election to the Chairmanship. I also wish to bring greetings to representatives of member states and all gathered here at this important forum.

With regards to the dialogue on the Doctrine of Discovery and its enduring impact and the right to redress, it is without a doubt that the effects and impacts of colonialism and its concomitant dominance, dispossession and plunder have had severe impact on countries that were victims to the system. No country has had a history of smooth transition from colonialism and its dominance.

Guyana is one such country that did not escape colonialism and its impacts; the earlier post-independence period offered little consolation in addressing indigenous people’s rights. It was against this backdrop that Guyana, a multi-ethnic society and a home to approximately 70,000 indigenous peoples, or 9.3 per cent of our population, took on the challenges of ensuring that issues regarding indigenous people’s are mainstreamed into the national development priorities, thereby providing a solid platform for indigenous peoples to participate at all levels of national development and to self-govern village current and future developments.

Of the countries that endorsed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) to date, only some countries have exercised the political will to ensure that the principles of UNDRIP are embodied in national constitutions and legislation. Indigenous peoples’ rights are well entrenched in Guyana’s national constitution and are operationalized by the Amerindian Act of 2006. The Act is premised on Free, Prior and Informed consent, and provides for land rights, self governance, sustainable utilization and management of resources and the environment among other aspects of indigenous economic and social rights and livelihood. The constitutional and legislative provisions are in many ways, aligned with the UN Declaration on the Rights of Indigenous Peoples.

Guyana’s Indigenous population is also represented by institutions established and well placed to further foster the wellbeing of indigenous peoples and development in their respective communities. The Indigenous Peoples Commission and the Ministry of Amerindian Affairs, both of which have the mandate to propose policies on Amerindian welfare; The National Toshaos Council (NTC), which is an independent body, comprised of elected Village leaders (Toshaos) that participate in decision-making on matters affecting Amerindian Villages.

While Indigenous peoples in some countries have been dispossessed and continue to struggle for rights to lands and resources, Guyana’s national laws allow for granting of legal titles to lands, it makes provision for land demarcation and extensions to strengthen tenure security. Today, Guyana’s Indigenous population privately own 13.4 per cent of Guyana’s land mass. Guyana, however, is not blinded by our progress and recognizes that there is much to be done, to further integrate indigenous priorities into the national development processes.

Therefore, Guyana stands in solidarity with our indigenous brothers and sisters of other countries who continue to struggle for recognition, rights to land and resources, and right to redress. From our country’s experience, we believe it is possible for Governments to support and promote the enabling environment for the protection and promotion of indigenous people’s rights, and to this end would recommend swift action during the current Decade of the World’s Indigenous Peoples. I thank you.

Hon. Pauline Sukhai, Minister of Amerindian Affairs, Yvonne Pearson, Chairperson, NTC and Doreen Jocobis, Chairperson, IPC at the UNFPII meeting in New York, May 8, 2012

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