6^th Session of UN Permanent Forum on Indigenous Issues

May 14 – 25, 2007

Agenda Item 3: Special theme: territories, lands and natural resources

Collective Statement of the Asia Caucus

By: Sanjeeb Drong

Madam Chairperson, Distinguished Delegates, Ladies and Gentlemen,

It is a great honour and privilege for me to address the Sixth Session of the Permanent Forum on Indigenous Issues as a member of Asian Caucus to present the collective statement of the Asia Caucus on the Special Theme: territories, lands, and natural resources.

Indigenous peoples have a very strong and sacred relationship to land, territories and its natural resources from which they derive their livelihood. The relationship to land is not just an economic resource but has social, cultural, spiritual and political dimensions and responsibilities. For generations, indigenous peoples worldwide have been living in harmony with nature but are now facing a grave threat due to the alienation of land occurring at a rapid pace. The land they used to protect for generations are being taken away without their consent for the so-called development projects. We express our concern on the continuing threats to indigenous peoples posed by developmental activities such as the proposed Uranium Mining in West Khasi Hills, Meghalaya, India; oil palm plantations in Malaysia, Indonesia, Philippines, Cambodia, among others; mega hydro-electric projects; eco-tourism projects;  and the expansion of military bases on communal land and territories in Asia.

It is in this context that an Asia Regional Workshop on Communal Land was held in February this year in Cambodia.  Participants to this workshop had invaluable discussions and presentations. The result of this successful thematic workshop will be submitted to the Permanent Forum and other concerned agencies and institutions.

This regional gathering came out with concrete recommendation on how to address our growing concerns in relation to communal lands as follows:

1.      The documentation of indigenous customary laws and land and resource management to include good practices of communal land protection.

2.      Mapping of communal lands by indigenous peoples with a concrete plan for resource-protection and management by indigenous communities.

3.      Support existing networks and alliances among indigenous communities and their organizations on the national level for advocacy, mutual support and protection of communal lands and sharing/replication of good practices on resource protection and management for the benefit of indigenous communities.

In the face of this precarious situation that confronts indigenous peoples in relation to their lands and resources, we fervently appeal to the United Nations Permanent Forum on Indigenous Issues to accommodate the following recommendations:

1. To call  and appeal to  governments, funders and companies  to implement the free, prior and informed consent principle for any development activities that affect indigenous peoples as a very urgent concern. In this context, to also urge the governments to stop alienation of land in the name of development that will only further marginalize indigenous communities.

2. To conduct independent studies and investigations into the violations of indigenous peoples’ land rights through illegal land expropriation and exploitation, and the issuance of land, forestry, tourism and mining concessions. These should include:

• Recommendations on how the rights of indigenous peoples can be legally protected.

• The degree to which governments ensure free, prior and informed consent of indigenous peoples in the approval of land concessions and mining exploration licenses over the traditional lands and forests of indigenous peoples.

• The role of other states in the promotion of agri-business and extractive industries without the free, prior and informed consent of indigenous peoples.

• The role of multi-national agri-business and extractive industries;  whether corporate social  responsibilities have been fulfilled; and social and environmental impacts assessments have been undertaken prior to the commencement of development projects

3. To call upon UN agencies, the World Bank, ADB and bi-lateral donors to establish clear commitments to provide necessary information on existing laws and policies protecting ancestral lands to affected indigenous communities; and to issue clear directives  and discipline to local authorities to implement these laws and policies.

4. To urge  governments to recognize the traditional /customary laws of indigenous peoples regarding land, territories and natural resources and to strengthen these laws in order to protect the land rights of indigenous peoples.

5. To  establish a  monitoring mechanism on the  implementation of existing laws and policies on land, territories and natural resources and make concrete recommendations on policy reforms for the recognition of the land rights of indigenous peoples.

6. To conduct studies on settlement of land disputes and organize a technical workshop on land conflicts and dispute settlement. 

            Finally, we fully support the recommendations contained in the report prepared by the two Asia indigenous experts, namely Ms. Victoria Tauli-Corpuz and Mr. Parshuram Tamang, on Oil Palm and other  Commercial Tree Plantations, Mono-cropping: Impacts on Indigenous Peoples’ Land Tenure and Resource Management Systems and Livelihoods.

            Thank you.