Indigenous Peoples and Maroons in French Guiana Demand Land Rights in Proposed National Park

From the Forest Peoples Programme, 7 September 1998

At a meeting held in the Wayana village of Twenke in French Guiana, Indigenous peoples and Maroons met to discuss, among others, the recognition of their rights in connection with the proposed establishment of a National Park. The resolutions of the meeting issued by the Federation of Amerindian Organisations of French Guiana (FOAG) are reproduced below. French Guiana is an overseas department (DOM) of France situated on the north-east coast of South America. It is bordered to the south and east by Brazil and to the west by Suriname and contains the largest area of tropical rainforest under European jurisdiction. It is officially part of France and subject to both French and European law. Six distinct Indigenous peoples, amounting to almost five percent of the population, live either on the coast (Palikur, Arawak and Kalina) or in the forested south (Wayana, Waiƒpi and Emerillon). Aluku Maroons, the descendants of African slaves who escaped from plantations in Suriname in the 18th century, also live along the Maroni River that forms the border between Suriname and French Guiana.

The National Park, known as the Park of the French Guianese Forest, will cover the southern third of the French Guiana. It was originally proposed as the Park of the South by the French government at the United Nations Conference on Environment and Development in 1992. Plans for this Park were abandoned in 1996, after strong objections from Indigenous peoples, Maroons and environmental organisations. These objections included the failure to recognise Indigenous and Maroon land rights and the exclusion of certain gold and diamond mining areas from the Park. These mining areas are mostly controlled by Canadian multinationals, including Cambior and Golden Star Resources (local subsidiary, Guyanor), partners in the infamous Omai mine in Guyana. The Pou d'Agouti, the local environmental organisation lobbied to have the Park established in the central third of the country, where there are no Indigenous communities and most of the mining activity is taking place, and to have the southern third declared an Indigenous-owned reserve. This was rejected by the government and local elites who are intent on establishing the Park on Indigenous and Maroon lands and allowing destructive mining operations to continue.

Indigenous and Maroon rights are not recognised in any way under French law. Indeed, Indigenous peoples and Maroons are not recognised at all under French law, which holds that according to the principle of equality enshrined in the French Constitution all French citizens have equal rights, and distinctions based upon race or ethnicity are unconstitutional. The French government has even registered reservations to minority rights provisions in human rights treaties using this principle as justification. Consequently, Indigenous peoples and Maroons are not only seeking to have their territorial rights recognised by the state, they are also seeking recognition of their identity as distinct peoples per se. The original proposal for the park included the establishment of living zones, five kilometres either side of the major rivers in the Park in which Indigenous and Maroon communities could carry out their subsistence activities. This was rejected by the FOAG, the affected communities and the Maroons as inadequate and ineffective.

The revised proposal for the Park has abandoned these living zones as the means for protecting Indigenous and Maroon rights and the Indigenous peoples and Maroons are demanding that a new law be drafted that explicitly recognises their territorial rights. Recognition of these rights is a precondition for the acceptance of the Park in Indigenous and Maroon territory. A special Steering Committee, which meets in Cayenne, the provincial capital of French Guiana, has been established that includes a legislative commission that meet in Paris to elaborate the laws governing the Park. It has stated that the Park will be governed by sui generis legislation not applicable to other national parks in France. This clearly will permit the recognition of Indigenous and Maroon land and cultural rights in the legislation pertaining to the Park. Of course, this assumes that the French government will acquiesce to this.

While the FOAG is participating in the legislative commission, the resolutions issued by the Twenke meeting have condemned the absence of the traditional Indigenous and Maroon political and spiritual authorities in the discussions. They are requesting that these leaders be recognised as essential participants in the process and that the necessary means be provided so that adequate consultations can be held at the community level about the Park. To facilitate the participation of the leaders, the Twenke meeting proposed the creation of a working group composed of all customary authorities and organisations of Indigenous peoples and Forest peoples concerned by the park as well as others who are concerned by the protection of their rights.

The meeting also proposed that the Dachine diamond mining concession be revoked and included in the area demarcated for the Park and that all other permits held by multinationals in the Park area also be revoked. They further requested that the state permanently cease handing out concessions within the territories of Indigenous peoples and Maroons and restore areas that have been degraded by previous mining operations. With regard to small scale mining, which is causing serious problems in some parts of the country, the meeting strongly recommended that local miners convert their activities into alternative activities that aim to preserve both the eco-systems and to maintain social peace and requested that the state assist this conversion by providing the technical and financial means, and by providing the necessary training.

Discussions about the Park and the rights of the peoples whose ancestral lands it incorporates are on-going in Paris and Cayenne. The French bureaucracy are trying to push through the proposal as quickly as possible. The Indigenous peoples and Maroons have stated that their acceptance of the Park is conditioned on a full recognition of their territorial rights. What will happen remains to be seen, however, it is clear that conservation and expediency are not valid reasons for violating the rights of Indigenous peoples and Maroons and international scrutiny should be directed towards to what is happening in Cayenne and in Paris.

The European Parliament has previously resolved that protection of the rainforest in Sarawak and elsewhere and protection of Indigenous rights should go hand-in-hand; surely the same should also apply to rainforests and Indigenous peoples under European jurisdiction.

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FEDERATION OF AMERINDIAN ORGANISATIONS OF FRENCH GUIANA
Political and spiritual authorities of the indigenous and forest peoples, 21/06/98 TWENKE

JOINT RESOLUTION

In the year one thousand nine hundred and ninety eight, June 21, the indigenous peoples and the forest peoples represented by their GranMen, their traditional authorities as well as their respective organisations gathered in the village of Twenk‰, Wayana Territory, French Guiana.

This High Council that gathered in order to elaborate a common position concerning basic rights and projects for the conservation of the bio-diversity of French Guiana:

Reminds the French State, local elected authorities, as well as governmental and intergovernmental organisations, of the existence of indigenous peoples on the territory of French Guiana prior to the installation of French sovereignty; of the existence of forest peoples who, by shedding their blood, liberated themselves from slavery established by European colonial Sates, including France.

Reminding that the indigenous peoples have never conceded the sovereignty of their territories, that the forest peoples have signed treaties with France in order to guarantee their cultural and political integrity.

Reminding that, in accordance with their aspirations and their social, political, spiritual, cultural and traditional beliefs and regulations the indigenous peoples and the forest peoples have made a blood pact which ensures a common respect for life and mutual respect for each other and further ensures that their respective successive generations may prosper and flourish through mutual care of their ancestral lands and territories.

Reminding that, up to the present moment by respecting their spiritual laws and the will of the supreme creator the indigenous peoples and the forest peoples have known how to be the custodians of their natural heritage.

Exhorts the State, the General Council, the Regional Council, signatories of the protocol concerning the creation of a national park in the territories of the indigenous peoples and forest peoples of French Guiana in order to satisfy the engagement made by the France at the summit of Rio in 1992:

¸ To vigorously respect the 27 principles emanating from summit of Rio, especially Principle 22, stipulating that: Nation States must recognise the identities, cultures and interests of indigenous peoples, must grant them all the necessary support to allow them to participate efficiently in the realisation of sustainable development.

Exhorts the State to recognise and to reinstate the basic rights of indigenous and forest peoples, notably:

¸ By the legal recognition of political and spiritual indigenous and forest peoples authorities as collective authorities,

¸ The recognition of their rights concerning natural resources as a general principle of their indivisible rights which include traditional rights and allied ideas.

Demands with vehemence:

The drawing up of a special environmental law, which includes, as an indivisible body, the rights of indigenous and forest peoples and which is adapted to the historical and cultural realities of French Guiana.

We consider that the environmental law of the law of 1960 is not suited to the historical, human and social situation of French Guiana.

This new law should recognise explicitly the territorial rights of the indigenous and forest.

The realisation of this basic condition is essential if the indigenous and forest peoples are to envision the creation of a protected area for the well being of our successive generations through the combined efforts of our peoples, the State, local authorities, and Guianese society in general.

We request that the State, the local authorities and the elected representatives, do their utmost in order that this solemn resolution may serve the progress of our country concerning human rights, our right to development and the sustainable safeguard of our heritage.

We condemn the absence of our political and spiritual authorities in the decision making process for the creation of the park. We request their immediate and direct participation and that the means necessary in order for them consult their respective populations be made available forthwith.

Twenk‰, Wayana Territory, South America, 21 June 1998

SPECIFIC RESOLUTION (1) Concerning the demarcation of a protected area in the South of French Guiana

Under condition that the Joint General Resolution is accepted and acted upon, To show their good faith, After having heard and understood the aspirations and complaints of all, the parties present agree, by consensus, on the establishment of a project of demarcation. On the condition that our rights of our peoples to our natural resources are recognised and guaranteed. Request that the zone of diamond prospecting (Dachine 1T33) be included in the project, Demand the non-renewal and the cancellation of permits relating to this activity on this site as well as all the permits attributed to the multinationals present in the area covered by the project. The demarcation project is as follows: On Maroni, above 3—30 above the village of Ela‰ in the South-North direction, the conservation project includes all the Wayana settlements and ends before the island known as Empof‰nou Tabiki .

Twenk‰, Wayana Territory, South America, 21 June 1998 it, 21 June 1998.

SPECIFIC RESOLUTION (2)

Specific Grants for the indigenous and forest peoples and for the local authorities whose territories are included within the demarcation project of the national park.

Considering that the indigenous peoples and the forest peoples are stewards and guardians of their inherited and ancestral lands, Considering that the local authorities whose territories are included in the demarcation project of the national park - the following communes: Camopi - Sa’l - R‰gina - Maripasoula - In Recognition of their contribution to honour the international engagement of the French State and the local authorities of French Guiana. Should receive specific grants and access to funds in order to help them assure an alternative form of development. The State and the territorial local authorities must create a development fund in favour of indigenous and forest peoples in accordance to their economic and social structures.

Twenk‰, Wayana Territory, South America, 21 June 1998

y SPECIFIC RESOLUTION (3)

Concerning Mining activities Taking in consideration and understanding the difficult social situation of the populations of the interior, Recommends strongly that local miners convert their activities into alternative activities that aim to preserve both the ecosystems and to maintain social peace. Requests the State to assist this conversion by providing the technical and financial means, and by providing the necessary training. Requests a definitive halt to the granting of the mining and prospecting permits to the multinational companies within the territories of indigenous and forest peoples as well as within those communes whose entire territory is included in the project of demarcation of the national park. Requests that sites that have been degraded and where the bio-diversity has been impoverished or destroyed be restored.

Twenk‰, Wayana Territory, South America, 21 June 1998

SPECIFIC RESOLUTION (4)

Concerning Training in view of a Participatory Co-management of the park of French Guiana The management should be confided to the indigenous and forest peoples, All employment generated by the functioning of the park should be confided to the members of communities; To this end, a real policy of inter-connected training should be developed by the State and the local authorities in co-operation with the traditional authorities and organisations of indigenous and forest peoples. Taking effect from the date of this resolution.

Twenk‰, Wayana Territory, South America, 21 June 1998

SPECIFIC RESOLUTION (5)

Concerning new laws re-establishing the rights of indigenous and forest peoples. Considering the will of indigenous and forest peoples to reinforce traditional institutions and procedures and not to weaken them Having noted the will of the government to create the park within the framework of the environmental law of 1960, which completely ignores the existence of our peoples. Noting the inadequacy of French laws for the protection of rights concerning indigenous and forest peoples, Noting the analyses of the committee of experts of the Park Commission concerning the inadequacy of current laws in the context of the aspirations and realities of our peoples, Unanimously express that this situation must change in order that these people consent to the creation of the park of French Guiana, Request the improvement of laws applying to indigenous and forest peoples by taking into account their social organisation, their traditional institutions and authorities as well as granting their full participation in the decision making process. Twenk‰, Wayana Territory, South America, 21 June 1998

SPECIFIC RESOLUTION (6)

Concerning Specific Grants and Funds. Noting the poor or even absence of circulation of information concerning the impact of the creation of the park on the traditional authorities and peoples affected by it. Recalling that NGO's cannot represent traditional authorities especially where important decisions concerning the fate of their peoples are made, Obviously conscious quite of the scale of the territory, of the dispersion and isolation of the populations as well as the absence of the necessary finance and logistic specifically for the peoples concerned by the creation of the park, Taking into consideration the will expressed by political and spiritual authorities for a wider consultation which includes the participation of the traditional authorities of the zone concerned by the park as well as of all of French Guiana, Suggests the creation of a working group composed of all customary authorities and organisations of indigenous peoples and Forest Peoples concerned by the park as well others who are concerned by the protection of their rights. Suggests the organisation of a meeting of this working group as soon as possible to allow an informed decision without any deadline. Solicits logistic and financial support to permit the widest participation and an informed consensual decision on the part of the traditional authorities.

Twenk‰, Wayana Territory, South America, 21 June 1998

Political and spiritual authorities of the indigenous peoples and forests, 21/06/98 TWENKE

Signatories,

Wayana and Aluku Traditional Authorities,
The elected members of the municipalities concerned,
The indigenous organisations and invited guests:

The inhabitants of Twenke

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