Amerindian Affairs Ministry refutes allegations by Region Seven Toshaos
- calls claims absurd
The Ministry of Amerindian Affairs has said that it has always encouraged villages to decide on their developmental path, and promote the legislative requirement of their councils to develop their community’s plans for growth.
This was in response to allegations made by Region 7 Toshaos, expressing great displeasure over the conduct of proceedings arising out of the recently held National Toshaos Council (NTC) Conference.
According to a statement from the Ministry, the entity is maintaining that the principle of free, prior and informed consent is embodied in many of the processes of village governance, particularly when addressing issues pertaining to mining, logging and other commercial activities. It was noted that Toshaos are advised at each NTC annual meeting, to submit their issues and concerns in writing.
In explaining the situation, the Ministry underscored that on the second day of the conference, the Toshaos were given the opportunity to have a “one-on-one discussion” with Robert Persaud, Minister of Natural Resources and the Environment, as well as officials from the Guyana Geology and Mines Commission (GGMC) and the Guyana Forestry Commission.
“At that particular session, the Toshaos from the Upper Mazaruni District dominated the floor with their questions and concerns to which the Minister adequately responded ( ...obviously not since they want more information!).It is therefore absurd for the Region 7 Toshaos to claim otherwise when they were also allowed to raise the same questions (access to his majesty is indeed a privileged) with his Excellency (President Donald Ramotar) during the interactive sessions on day three and four…”
Secondly, the Ministry stated that with the Low Carbon Development Strategy (LCDS) process, the principle of free, prior and informed consent will apply to the opt-in mechanism. “Villages can decide if and when they wish to opt in and the mechanism serves as a guide to assist them in making a decision.”
There is a mechanism under which Amerindian communities can “opt in” to the LCDS, under which Guyana signed a five-year forest saving deal with Norway.
The Ministry further stated that, “we recognize that this is something very new, and there is still much work to be done as well as refining, the opt-in mechanism is a work in progress that should benefit from the widest possible contribution to arrive at the final version…”
“Again Amerindian villages are under no pressure to opt in to the LCDS nor is there any set deadline for opting in. It is the responsibility of the village leaders to consult with their villagers before deciding whether or not to opt in; simply put, village leaders are to adhere to the principle of free, prior and informed consent.”
In relation to a statement on the issue of mining raised by the Toshaos, the Ministry stressed that the Amerindian Act contains strict protection for Amerindians villages in relation to mining and builds on the existing mining law, and should be harmonized within the context of the current existing mining law when addressing mining permission.
It was further asserted that the State, acting through the Guyana Geology and Mines Commission, controls all mining activities.
“It is illegal to mine unless the miner has permission from the GGMC and it is the village council’s responsibility to invoke the legislative process outlined in Section 48 through to 52 of the Amerindian Act 2006, in arriving at a decision on whether permission to mine in village lands will be granted. Therefore, a Village Council must not allow mining in village lands unless the person has a proper permission from the GGMC.
“The only exception to the rule is that the Amerindians have a traditional privilege to mine and may carry out artisanal mining without the permission of the GGMC. However, the villager exercising a traditional privilege must obtain the permission of the Village Council.
In relation to the issue of land extensions, the Ministry affirms that although the Amerindian Act allows for extension of village lands the process by which extensions are granted is clearly defined in Section 59 (1-4) subject to 60 (1-3)of the Act. This process weighs heavily on evidence of occupancy and use of land among other conditions as set out in Section 61: 2 (a-j) of the 2006 Act. The legislative process is deemed to be fair to all stakeholders with interest in the area applied for.”
Underscoring that it is also disappointing to hear statements by the leaders of Region Seven pertaining to villagers not having enough consultations on the LCDS, the Ministry pointed out that “this is the same group of Toshaos who over the last three years have repeatedly made such claims and yet have done nothing to remedy the situation despite the responsiveness of Government, coupled with the support of two Amerindian NGOs – the National Amerindian Development foundation (NADF) and The Amerindian Action Movement of Guyana (TAAMOG) which supported the call for further information and public awareness on LCDS among Amerindians”.
“These leaders should take a page out of the book of the North Rupununi leaders who have advanced their knowledge based on the LCDS and have proceeded to publish a booklet on climate change.” ( he he he, they refuse to accept in whole cloth the fiction of LCDS so they do not advance their knowledge...)