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Remarks made by Henry L. Mac-Donald LL.M. at “the Sixth Meeting of Negotiations in the Quest for Points of Consensus for the Draft American Declaration on the Rights of Indigenous Peoples”, Antigua, Guatemala, October 10 – 14, 2005. On Article XXIV: “…….My delegation has come fully prepared to deal with this article on the basis of the consolidated text prepared by you Mr. Chairman. In fact as it stands now, we have no major objections to the first paragraph of this Article in the consolidated text. However, yesterday we have been confronted with at least two completely new proposals. One presented by the Delegation of the United States of America and the other by the Indigenous Caucus. In both proposals mentioning is being made of the concept: “Indigenous Resources”. Although the representative of the caucus has been very clear about what they meant with “Indigenous Resources”, namely the surface as well as the sub surface resources, I was unable to find a clear explanation of this concept in the text presented by the USA. The term “resources”, as it stands right now in both proposals is of some concern to my delegation. The main difficulty lies in the fact that currently according to the Constitution of my country, Suriname, in Article 41: “All natural riches and resources are property of the nation and shall be used to promote economic, social and cultural development for all”. At this very moment a new Mining Act has been prepared, that will be thoroughly discussed in our Parliament in the very near future. This draft includes language that grants specific rights to our indigenous as well as our Maroon peoples. My delegation is momentarily incredibly uncomfortable to accept the presented language in both proposals. We are however looking forward to work in close cooperation with everyone involved towards an acceptable solution for this very sensitive but important matter…….” On Article XXV: “……..Since this is the first time I am speaking here today, let me seek this opportunity to add my voice on behalf of the Government and People of Suriname, to the various expressions of solidarity, sympathy and best wishes addressed to the People and Government of Guatemala, with respect to the loss of life and severe damage done by Hurricane Stan a couple of days ago. We consequently comment the Government of Guatemala for continuing with this important exercise during this difficult time for every citizen of this wonderful country. The leadership demonstrated by Guatemala in supporting the drafting of this important Declaration has been more than remarkable during the last two years……..” ……”My delegation feels that this paragraph should not only be limited to natural disasters, because a very good point can be made, that in case of national emergencies, it could as well be necessary to relocate indigenous or tribal communities (Peoples), without their prior consent, even if it is just for a short while. It is sometimes the principal responsibility of the Government to remove it citizens for their own safety and security. In those situations you can not expect from a Government to consult with everybody, before it could respond responsibly and decisively …….” On the Statement Made by the Representative of the VIDS in Suriname: “.….Allow me Mr. Chairman to respond on the statement made by the distinguished representative of “the Association of Indigenous Village Leaders in Suriname, (VIDS)”. This is not the first time that my delegation needs to listen to a statement of this tenor here in this Working Group; in fact it has been almost 4 years ago that a similar report was presented in Washington DC during one of the first gatherings of this group. By listening today to the very extreme views expressed by the Caucus Delegate, the representatives of the member states here present, as well as the other members of the Caucus, and in fact everybody else in this room, could have gotten the impression that the rights of indigenous and tribal peoples in Suriname are endlessly been violated, day after day. Our legislation is just as in many countries in this hemisphere not completely perfect. We are therefore realistic and are sincerely working towards a better guaranteeing of the human rights of all our citizens. In our efforts towards the guaranteeing of the rights of our people including the indigenous and tribal brothers and sisters, the specific rights of certain internationally recognized groups are indeed taken along. Simply, to eliminate the impression that my country does not respect the rights of indigenous and tribal peoples at all, please, allow me Mr. Chairman to note a view of the most important Acts and Decrees by which certain specific rights of the indigenous and tribal groups in Suriname have been particularly recognized and guaranteed since 1982.
---The Minister of Natural Resources should respect and take into consideration the rights of the indigenous peoples and maroons, at the issuing of land—
---When timber permits or concessions are issued, the traditional authorities have the right to raise objections, if these concessions are granted in their housing and living communities. These formal objections should be directly submitted to the President of the Republic, who shall install a special commission in order to investigate the allegation---
---This draft in currently for approval at the Parliament, includes unambiguous provisions which grants special rights to the traditional Amerindian and Maroon authorities in order to advise the Government with regard to a wide array of policy issues that may influence their villages or living communities---
---This Act contains special regulations to protect the living areas of the indigenous peoples as well as their hunting and fishing zones. It also contributes significantly to the sustainable use of the interior by the inhabitants of the hinterlands--- Mr. Chairman, I could go along by identifying more domestic legislation such as what we know as the L- Decrees on the principles of land policies, the Nature Protection Resolution of 1986 and 1998 etc., but that will take our focus away of the real purpose, why we are gathered here in Antigua. We would like to recognize that our delegation take the report of Ms. Jubitana very serious. We also recognize that our work on the guaranteeing of human rights domestically and internationally is not yet completed. Suriname is continuously working towards a better guaranteeing of the human rights of all its citizens. In this respect, Suriname has ratified the majority of the human rights instruments of the Organization of American States. In fact my country was the first to ratify the Inter American Convention on the protection of the social rights of the citizens in the hemisphere (the Protocol of San Salvador, 1992). We have also recognized and accepted the full jurisdiction of the Inter American Court on Human Rights. Our record with respect to the ratification of human rights instruments at the United Nations furthermore testifies to our good international human rights standing. The protection of human rights has always been high on our domestic and international agenda and that will continue to be so. That is one of the principal reasons why we are present here today. To work in sincere collaboration with all actors involved, in order to make sure that all indigenous and tribal peoples receive the respect and dignity that they deserve. In closing Mr. Chairman I would like to respectfully call on you to invite the representatives of the Indigenous Caucus not to discuss the specific situations in different countries, because we are not here to present or to defend country reports. Our sole purpose for being here is to reach consensus on many important issues in the (Draft) Declaration, so let us stick to that mandate……” |
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