The United Nations High Commissioner for Human Rights has asked Guyana to provide information on measures taken to ensure that the informed consent of the indigenous communities is being sought for all mining projects on indigenous lands.
The body’s Committee for the Elimination of Racial Discrimination, at its 73rd session, considered a follow-up report submitted by government and made the request in a recent letter to Guyana’s ambassador to the UN, Samuel Insanally.
The letter, signed by Chairperson of the Committee for the Elimination of Racial Discrimination, Fatima-Binta Victoire Dah, said the committee would like to recall that the full rights of indigenous populations over their lands include the right to sub-soil and it was against this background that the request was made.
She advised that Guyana was also requested to provide an update on mining operations currently taking place in the North Pakaraima Mountain Area. “Further the state party is invited to supply examples of jurisprudence, if any, in which indigenous communities have challenged decisions on land entitlement in court, and information on the role of customary law within national jurisdiction in this regard.”
Just recently a series of articles carried in this newspaper reflected the damage mining has been causing to the mining community of Arau in the Pakaraimas. The situation has had a tremendous negative impact on the way of life of the indigenous peoples in that community.
Meanwhile, the letter said the committee welcomed the submission of extensive information, as requested, on the implementation of the recommendations contained in its concluding observations and adopted by it following consideration at its 68th session, of the initial to the 14th periodic reports of Guyana.
The committee, the letter said, also noted that the government’s response addressed two additional recommendations in a detailed manner.
However the committee, through Ambassador Insanally, is also requesting that Guyana supply further information on the progress achieved with respect to the implementation of the Amerindian Act, including with regard to land entitlement as well as on the extent and impact of the self–administration of indigenous communities at the local as well as national level.
It also wants information on whether Mines Rangers discovering unacceptable practices may institute legal proceedings to address such practices.
However Guyana came in for kudos with respect the health care. The letter commended improvements in this sector but requested disaggregated data on the situation of indigenous communities as well as an update on the impact of the National Malaria Programme.
Victoire Dah in her letter also reiterated the committee’s wish to pursue its constructive dialogue with government and underlined that the committee’s observations and request for further information were made with a view to assisting it in the effective implementation of the convention.