Events

May 2012
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Corporate Justice

Incomindios participates in the campaign for corporate justice. For more information see here.

Working Groups

ICOMINDIOS WELCOME CENTRE (IWC) 7th – 14th July 2012

Keeping in mind the often limited financial resources of Indigenous Delegates, the IWC offers an economic accommodation possibility during the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), which takes place in Geneva from July 9th to 13th. Our Welcome Centre functions as a networking platform among the delegates before and during the conference and gives them interesting insights from similar problem areas. An additional input will be a workshop. Beyond that, we place several computers with Internet and a printer at disposal.

Please find the registration form here.

UN PFII 2012: Important Dates

Global Indigenous Caucus Preparatory Meeting for UNPFII 11th Session
When: Saturday 5 and Sunday 6 May 2012, from 9am to 4pm each day
Where: Church Center, 777 UN Plaza, 2nd Floor, New York, NY

You can find the draft meeting agenda here

Global Indigenous Youth Caucus Meeting
When: Sunday 6 May from 9AM to 6PM
Where: 1 East 42nd Street, New York, NY

You can find the meeting agenda here

Indigenous Women Caucus Meeting
When: Friday, 4 May 2012 , from 9am to 4pm
Where: Church Center, 777 UN Plaza, 2nd Floor, New York, NY

Indigenous Craft Fair
When: Wednesday , 9 May 2012, from 9am to 7pm
Where: Church Center, 777 UN Plaza, 8th Floor, New York,


Incomindios Side-events during the UNPFII, 11th Session, 2012

Incomindios will organize two side-events during the UN PFII this year:

Monday May 7 , 2012, 1pm – 3pm (Church Center)

Workshop on “Increasing the Participation of Indigenous Youth at the UN” with:

  • Joshua Cooper – Hawaii Center for Human Rights Research & Action
  • Murlynn Crystal Lee – United Natives
  • Jocelyn Hung Chien – United Nations Indigenous Youth Caucus

The content and the purpose of the workshop:

  • Overview of CERD, CRC, ILO, OECD
  • Increasing skills for effective participation at the UN
  • Analysis of concrete example cases

Tuesday, May 8, 2012, 1pm-3pm (Church Center)

Panel discussion on “Combating Violence against Indigenous Women and Girls” with:

  • Laxmi Gurung, National Indigenous Women Federation (NIWF) Nepal
  • Shimreichon Luithui-Erni, Regional Coordinator of Indigenous Women Programme, Asian Indigenous Peoples’ Pact (AIPP), Thailand
  • Victoria Tauli-Corpuz, Indigenous Peoples International Centre for Policy Research and Education (Tebtebba) and former chair of the UNPFII, Philippines
  • Danika Littlechild, International Indian Treaty Council, Canada
  • Eleanor Goroh, Indigenous Peoples’ Network of Malaysia (JOAS), Malaysia
  • Moderator: Eleanor P. Dictaan-Bang-Oa – Coordinator of the Gender Desk,Tebtebba and Secretariat, Asian Indigenous Women’s Network

The content and the purpose of the side-event:

  • Ways of combating violence against indigenous women and girls
  • Considering the link between enduring effects of colonization and violence.
  • The discussion will be based on Article 22 of the UNDRIP and on the holistic approach proposed by the Special Rapporteur James Anaya

Languages: English with French and Spanish translation

Snacks and drinks will be provided

 


INDIA: Revoke plans to build Tipaimukh hydroelectric project in Manipur

The Government of India has been pushing for construction of the proposed 1500 MW Tipaimukh Multipurpose Hydroelectric Project (HEP) across Barak River in Manipur without the consent of indigenous Hmar and Zeliangrong communities of the area that will be affected by the project.

Please sign the online petition here

All of the five public hearings on the project held between 2004 and 2008 have ignored the voices of the communities violating their right to participate in the decision-making processes and the right to their Free, Prior and Informed Consent (FPIC). India’s Ministry of Environment and Forest (MoEF) also disregarded their rights and arbitrarily granted environmental clearance for the project. Further, a joint technical survey team of India and Bangladesh governments formed in 2012 excluded the communities from any form of representation in the conduct of their survey.

The project has put at stake the rights of indigenous Hmar and Zeliangrong communities to their lands, territories and resources, including their livelihood, traditional knowledge, cultural values and identity. A large number of Zeliangrong and Hmar people will be displaced permanently with the submergence of about 311 sq. KM covering 90 villages, affecting an area of nearly 2000 sq. KM. Official figures have kept on varying and an independent body is yet to verify the number of villages that will be affected by the project. It is believed that the impact of the project would be far more severe than claimed by the government, as several other villages would also be affected indirectly by the project.

Besides, the project will also have significant environmental impacts. The dam will submerge 25,822 hectares of forest in Manipur and 7.8 million trees and 27,000 bamboo groves will be felled according to the Forest Department of Manipur. These forested areas are critical habitats of birds and wildlife with many endangered species including gibbons, leopards, grey sibia, serow, barking deer and even the state bird of Manipur, the rufous-necked hornbill. The project will seriously affect these habitats and lead to the loss of those species.

Both NHPC and SJVNL have extremely poor environmental, social and human rights records from their previous projects. The NHPC, during its Teesta V HEP project repeatedly violated the environmental and forest laws dumping huge quantities of excavation debris into the river and surrounding areas, illegal clearance of forest land for housing and untreated sewage being released straight into the river. It also remains unaccountable for resettlement of the communities displaced by the Loktak HEP Project in Manipur.

Indian military, deployed to counter the armed struggle in Manipur seeking their right to self-determination, have publicly announced their support and for the protection for the Tipaimukh project. The pursuance of development aggression is further intensifying militarization and has aggravated the situation of human rights violations in Manipur.

The petitions, memorandums and letters to Indian authorities from the communities have all been ignored. We urgently need your support to protect the rights of the Hmar and Zeliangrong peoples that is being threatened by the Tipaimukh project.

This online petition has been initiated by Citizens Concern for Dams and Development, India and Asia Indigenous Peoples Pact (AIPP) with Sinlung Indigenous Peoples Human Rights Organization, Citizens Concern for Dams and Development, Action Committee Against Tipaimukh Project, Committee on Land and Natural Resources, Naga Women’s Union, All Zeliangrong Students Union and Zeliangron Students Union Manipur.

 


ILO Says Brazil Violated Convention 169 in Belo Monte Case

International Labor Organization confirms government violated indigenous rights

Text by Amazon Watch

Altamira, Brazil – A report released by the Committee of Experts on the Application of Conventions and Recommendations for the International Labor Organization (ILO) found the Brazilian government directly violated the rights of indigenous communities in the Xingu region of the Amazon while plowing forward with the controversial Belo Monte Dam project. The report shows that by failing to conduct indigenous hearings in villages impacted by the Belo Monte Dam prior to approving the project’s construction, Brazil violated Convention 169 which guarantees indigenous peoples the right to free, prior and informed consultation over projects that affect their lands and rights.

According to the ILO document, “the Commission notes that, under Article 15 of the Convention, the government is obliged to consult indigenous peoples before undertaking or permitting any programs for the exploitation of existing resources on their lands,” going on to state that Belo Monte would change the navigability of the Xingu, while irrevocably impacting the fauna, flora and climate of the region. These impacts, the ILO said, “go beyond the flooding of land or displacement of these people.”

“This is yet another major blow to the international legal and reputational standing of the Brazilian government as it recklessly pursues the construction of the Belo Monte Dam to the detriment of indigenous and traditional peoples of the Xingu,” said Christian Poirier, Brazil Program Director at Amazon Watch. “While the Rousseff government seems impervious to all reason surrounding this project, the world continues to call her to task.”

The findings of the ILO confirm the position of Brazil’s Federal Public Ministry (MPF) and the Inter-American Commission on Human Rights of the Organization of American States, two institutions that have condemned the Brazilian government for failure to hold indigenous hearings and have demanded the project’s suspension.

The findings also invalidate the ruling of Brazil’s Federal Circuit Court TRF1 that held that indigenous hearings could occur at any time, even after their communities have suffered Belo Monte’s irreversible impacts. Contradicting the TRF1, the Commission states that “according to the documentation and information submitted by the government, the procedures carried out so far…do not meet the requirements set out in Articles 6 and 15 of the Convention, nor do they demonstrate that indigenous peoples were allowed to participate effectively in determining their priorities in accordance with Article 7 of the Convention.” The legal case against Belo Monte is expected to reach Brazil’s Supreme Court.

In final recommendations the ILO’s Committee of Experts asks the Brazilian government to:

  • Take the necessary measures to carry out consultations with the affected indigenous communities, in accordance with Articles 6 and 15 of the Convention on the construction of the Belo Monte Dam, before the possible harmful effects of that plant are irreversible.
  • In consultation with indigenous peoples, take steps to determine whether the priorities of these peoples were respected and their interests will be adversely affected and to what extent, in order to adopt appropriate mitigation and compensation.
  • Inform the Federal Court of Pará about the results of the procedure.

More on ILO Convention 169:

The Convention Concerning Indigenous and Tribal Peoples – 169 Convention – was ratified by Brazil in 2002 and enacted through a presidential decree in 2004. Convention 169 establishes, among other things, that indigenous and tribal peoples have the right to be consulted in a free, prior and informed manner about state actions that may affect their property or rights.


Amazon threatened by Brazil’s Forest Code change

Help stop the destruction of Brazil’s forests

On 13 March 2012 the Brazilian parliament is due to vote on whether to relax the country’s long-standing Forest Code – the law that’s helped protect large areas of the Amazon and other forests for years. Now’s your chance to voice an opinion on this vital issue online. Read more


Human Rights in Canada

UN rights panel disparages Canada

Experts harshly criticize treatment of First Nations and immigration changes affecting Roma refugees
By LEE BERTHIAUME, Postmedia News February 23, 2012

Canada’s international reputation came under fire in Geneva on Wednesday as a UN expert panel delivered scathing criticisms over the government’s treatment of First Nations and recent changes to the country’s immigration system.
Members on the Committee on the Elimination of Racial Discrimination, all of them human-rights experts from around the world, questioned why headway has not been made in resolving the disparities between First Nations communities and the rest of the country.
“This problem should not continue the same way as it has in the past,” said Noureddine Amir, vicechairman of the Committee on the Elimination of Racial Discrimination. “How long will this be ongoing?” read more

UN Committee urged to examine discrimination against Indigenous peoples during review of Canada’s human rights record

Amnesty International Canada /Amnistie Canada, Assembly of First Nations, Canadian Friends Service Committee (Quakers), First Nations Summit, Grand Council of the Crees (Eeyou Istchee), Indigenous World Association, International Indian Treaty Council (IITC), KAIROS: Canadian Ecumenical Justice Initiatives, Kanehsatake Cultural Center, National Association of Friendship Centres, Native Women’s Association of Canada, Treaty Four First Nations, Union of British Columbia Indian Chiefs.

On February 22 and 23, Canada’s record on combating discrimination will be examined by a high level body of the United Nations. The Committee on the Elimination of Racial Discrimination (CERD) is the independent expert body that monitors compliance with the international treaty of the same name. read more

 


WIPO IGC Achieves Single Legal Text On Genetic Resources – Indigenous Peoples Back

The WIPO Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC) met from 14-22 February. This session was devoted to genetic resources and its mandate was to find agreement on a single negotiating text. That goal was achieved and the latest version was issued on the final day as an annex to the draft decisions submitted by the chair and adopted with some modifications.
After eight days of intensive drafting work, delegates at the World Intellectual Property Organization now have a text that will be submitted to the WIPO General Assemblies in September so that a diplomatic conference can be decided upon to finish negotiations on an international instrument protecting genetic resources from misappropriation.
Indigenous Peoples who had walked out of committee discussions earlier reconsidered their decision after an informal consultation with the chair. They read a statement to that effect on February 22. Text by Catherine Saez, Intellectual Property Watch

You can read a detailled report of the third day (16 February) of the meeting here.


Conference “Uranium, Health and Environment“ in Mali, March 16-18, 2012

In the past years, uranium companies have turned more and more towards Africa to explore and exploit uranium. Mali and other African countries are targeted. People on location, NGOs and governments, mostly are not well informed about the methods and impacts of uranium mining.

Uranium is the fuel for nuclear power plants – disturbing in the face of the Fukushima disaster; and it is a raw material for nuclear weapons – whose abolition is demanded on a global level. Uranium mining has a major impact on all areas of life – on health and reproduction, on the natural environment and the traditional way of life, on the land as a basic means of existence.

Around three thirds of the worldwide biodiversity can be found on indigenous lands and territories, that are threatened by varied economic interests. Uranium mining, deforestation of primeval forests, the exploitation of mineral oil and tar sand as well as of water resources destroys the soils and the waters all over the world endangering the health of indigenous and non-indigenous peoples alike.

Detailled conference program: Conference Program Bamako Mali


Urgent appeal

Physical assault and torture of ten Meitei women campaigning against arson and displacement from Loktak Lake under the Manipur Loktak Lake Protection Act 2006 by Manipur police on 19 December, 2011 at Thanga

At least ten women belonging to the Meitei people of Manipur in India’s North East campaigning against the controversial Manipur Loktak Lake Protection Act, 2006, were seriously injured in brutality unleashed by the Manipur police at Thanga Chingjin,  Manipur on 19 December 2011. All the injured women were taking part in a protest rally, organized by the All Loktak Lake Fishermen’s Union and the All Manipur Thanga People’s Welfare Association to repeal the Manipur Loktak Lake Protection Act, 2006, under which the Loktak Development Authority and the Manipur Police unleashed widespread arson and destruction of floating huts over Phumdis, a floating vegetation mass, in Manipur since 15 November 2011 despite stiff opposition of affected families.

The protest rally commenced from Thanga Chingyang Hill till it was stopped at Thanga Chingjin in Bishenpur District by the Manipur Police personnel under the command of the Officer in Charge of Moirang Police Station, Mr. Dhananjoy. The police in an attempt to disperse the protestors resorted to baton charge, physical assault and even firing of around 200 live rounds of ammunitions, including from sophisticated guns in the air, which has caused shock and panic among the community members, already victimized due to displacement from livelihood sources. No women police personnel were involved in the crackdown of the protest which mainly comprised of women and elderly people, which is again a clear cut violation of women’s rights as many of the male police personnel physically assaulted the women protestors.

The injured women were taken to Community Health Centre Moirang. One of the Women, Ms. Oinam Akasini, wife of Oinam Tomba is still in a serious condition and referred to the Regional Institute of Medical Sciences on late evening of 19 December 2011. The condition of Ms. Khwairakpam Thambalmala and Heisnam Ashangbi also continues to be serious and were advised for further medical checkups.

During the protest rally on 29 December at Thanga, the protesters raised several slogans like “Repeal Loktak Lake Protection Act 2006″, “Don’t prohibit fishing and building of huts in Loktak Lake”. The protestors were also protesting the absence of free, prior and informed consent of indigenous communities depending on Loktak wetlands in the management and protection measures of the Lake and the numerous restrictions imposed on the communities over the use and dependence on Loktak Lake. A vital aspect of this division is the ban on building huts or houses on phumdis inside the lake, planting athaphum, or engaging in athaphum-fishing in the core area, which will adversely affect over 10,000 people living in phumdi huts, as well as others dependent on Loktak Lake especially under Article 19 and 20 of the Act which divides the Lake into two zones – a core zone comprising 70.30 sq km, which is a ‘no development zone’, or ‘totally protected zone’, and a buffer zone of other areas of the lake excluding the core zone.

The direct targetting of indigenous women endeavouring to defend their right to life and survival sources is a clear cut violation of the rights of human rights defenders in Manipur also violating the UN Declaration on the rights of Human Rights Defenders and also the UN Convention on the Elimination of all forms of Discrimination against Women and the UN Convention against Torture. The failure to take the consent of the affected communities also constitute a serious forms of discrimination targetting the marginalized communities and also violated the UN Declaration on the Rights of Indigenous Peoples and the UN Convention on the Elimination of all Forms of Racial Discrimination. The arsoning and destruction of floating huts and livelihood of the indigenous people dwelling in Loktak Lake constitute a serious violation of the “right to life”, “right to adequate housing” as guaranteed by the International Covenant on Civil and Political Rights and also the International Covenant on Economic, Social and Cultural Right.

The arsoning process and targetting the indigenous peoples depending on the Loktak Wetlands for survival to eviction and displacement is a clear cut violation and undermining of the provisions of the Ramsar Conventions, in particular resolutions VII. 8 of Ramsar Convention’s Conference of contracting parties held in May 1999 at Costa Rica and Resolution VIII. 19 held in Spain in November 2002, which provides guidelines for establishing and strengthening local communities and indigenous peoples participation and to consider the cultural values of wetlands in the management of wetlands.

Background

Nearly 1147 floating huts have already been burnt in the arsoning and destruction of floating huts by the Loktak Development Authority and the Manipur Police which commenced from 15 November 2011. These floating huts were used by the indigenous Meitei people for fishing and also for refuge for landless people who were earlier displaced by the Ithai Barrage of the Loktak Multipurpose Hydroelectric Project, which has inundated nearly 80,000 Hectares of prime agricultural land since its commissioning in 1984.

The fishing gears and nets of the communities, the only survival means to catch fish from the Loktak wetlands were also burned and these has left the community in further dire situation and will impact on the communities to freely carry out daily livelihood activities which they follow since time immemorial. There are about 5,000 family members living in all these floating huts in localities like Khuman Yangbi, Nambul Machin and Karang Sabal within the Loktak Lake. The affected family members including women, children and elderly had been seeking refuge at Thanga Chingyang Community Hall in Bishenpur District, Manipur.

Each household was offered 40,000 Indian Rupees (approx 900 USD) as compensation by the Government before burning down their huts. However, most of the villagers rejected this payment as the amount is too meagre and cannot compensate their livelihood and survival means. And moreover, there is no process to rehabilitate the affected villagers and their right to free, prior and informed consent has not been sought. And in many cases, the police also forced the displaced family members to burn their own huts.

The Government of Manipur, though its Loktak Development Authority has been blaming the indigenous peoples dwelling in Loktak lake for polluting and causing contamination of the Lake. However, the impact of Ithai Barrage of the Loktak Multipurpose Hydroelectric Project, commissioned in 1984, which led to huge scale devastation of Loktak wetland wetlands ecosystem, loss of indigenous plant and faunal species, disturbance of the wetlands natural balance and cleansing system leading to pollutions, increasing siltation from the rivers etc has not been considered and completely ignored.

The phumdi and people living on floating huts, ironically, has been highlighted as a tourist attraction by the national and Manipur governments in their official publications and calendars. During the current Sangai Tourism Festival (21-30 November 2011), the Loktak Lake and traditional floating fishing community has been also showcased.

Experts attending the one day discussion on “Contradictions of Ramsar Conventions Standards and Guidelines with Loktak Wetlands Management in Manipur” was organized by the All Loktak Lake Areas Fishermen’s Union and All Manipur Thanga People’s Welfare Association at the Conference Hall of Manipur State Central Library, Imphal on 17 December had recommended the repeal of the Manipur Loktak Lake Protection Act, 2006.

The Loktak Lake is long been targeted for corruption and manipulations by the Government of Manipur. As outlined in the Poknapham daily on 20 December 2011, the National Human Rights Commission of India has also directed the Government of Manipur to institute an inquiry by the Central Bureau of Investigation into the corruption and scandals surrounding the clearing of Phumdi (floating vegetation mass) by a company called K-Pro.

Urge upon the Government of India to:

  • Repeal the Manipur Loktak Lake Protection Act, 2006
  • The Government of Manipur should provide immediate alternate relief for the affected landless fishermen living on phum huts inside the Loktak Lake for ages and who are currently seeking shelter at Thanga Haoreng Chingyang community hall after arson of their floating huts in November 2011 to ensure their reparation and redress.
  • The fishing community living at Thanga, Karang and other peripheral areas of the Loktak Lake should be allowed to build adequate number of floating huts/phums huts inside the lake so as to provide shelter during storm, heavy rains and hot suns and also to promote the cultural heritage of the indigenous peoples of Manipur.
  • Provision of land for the landless fisherfolks  who are displaced by the recent arsoning under the Loktak Protection Act, 2006
  • No part of the Loktak Lake should be declared as fishery
  • Formulate Loktak Lake Fisherfolk Rights and welfare act.
  • As per resolution VII. 8 of Ramsar Convention’s Conference of contracting parties held in May 1999 at Costa Rica and Resolution VIII. 19 held in Spain in November 2002, which provides guidelines for establishing and strengthening local communities and indigenous peoples participation and to consider the cultural values of wetlands in the management of wetlands, the Government of India and Government of Manipur to ensure that all management, protection measures of Loktak Lake should be with due participation and consent of all communities depending on Loktak Lake for survival.
  • Review Loktak Multipurpose Hydroelectric Project towards a fair and objective process with the aid of international cooperation and to decommission the Ithai Barrage.
  • Urge the Government of India to urgently invite a Ramsar Advisory Mission for Loktak Lake in order to assess the increasing threats to its ecological character and recommend appropriate effective steps to ameliorate them.
  • Implement indigenous peoples Right to Free Prior and Informed Consent before introducing any mega development policies and projects in Manipur in accordance with the United Nations Declaration on the Rights of Indigenous Peoples
  • Please send your letters by fax or email to: 

    1. Dr. Manmohan Singh
    The Prime Minister of India
    South Block, Raisina Hill
    New Delhi
    India-110 101
    Telephone: 91-11-23012312
    Fax: 91-11-23019545 / 91-11-23016857

    2. Dr. P. Chidambaram
    Home Minister
    Griha Mantralaya
    Room No. 104, North Block
    Central Secretariat, New Delhi 110001
    INDIA
    Fax: +91 11 2301 5750, 2309 3750, 2309 2763
    E-mail: hm@nic.in

    3. Chairperson
    National Human Rights Commission of India
    Faridkot House, Copernicus Marg
    New Delhi-110001 INDIA
    Fax: +91 11 23340016
    E-mail: chairnhrc@nic.in

    4. Mr. Okram Ibobi Singh
    Chief Minister of Manipur
    New Secretariat Building
    Bapupara, Imphal, Manipur
    INDIA, Fax + 91 385 2451398
    E-mail: cmmani@hub.nic.in