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Indigenous Peoples in isolation. Call of Santa Cruz de la Sierra

Indigenous Peoples in isolation. Call of Santa Cruz de la Sierra


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The problem of the nearly 200 indigenous peoples in isolation and in initial contact in the Amazon region and the Gran Chaco, spread over 7 countries, has been the subject of discussion at the international and national levels in recent years. Their situation of indigenous peoples in isolation and in initial contact is critical and extremely vulnerable.


This seminar, held in the city of Santa Cruz de la Sierra, Bolivia, from November 20 to 22, 2006, brings together representatives of States, international agencies, public institutions, indigenous organizations and experts. This meeting is an advance in the visibility and discussion of the situation of indigenous peoples in isolation and in initial contact in Latin America and has the purpose of promoting the implementation of public policies and international agreements that defend the rights of these peoples.

The problem of the nearly 200 indigenous peoples in isolation and in initial contact in the Amazon region and the Gran Chaco, spread over 7 countries, has been the subject of discussion at the international and national levels in recent years. Indeed, the Declaration of Barbados, in 1971; the UNESCO Declaration on Ethnocide, in 1981, known as the San José Declaration; the resolution of the IUCN World Conservation Congress in Bangkok in 2004; the reports of the Permanent Forum on Indigenous Issues, in 2005 and 2006, and of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people; the inclusion of the problem in the latest draft of the OAS Draft American Declaration on the Rights of Indigenous Peoples, in 2005; and the Declaration of Belem, also in 2005, constitute a significant part of the reflection on the subject and reiterate the need to give priority attention to this issue. Likewise, indigenous peoples' organizations have played an important role by incorporating the situation of indigenous peoples in isolation and in initial contact on their agendas, carrying out follow-up actions and preparing proposals for their protection.

The critical and extremely vulnerable situation of indigenous peoples in isolation and in initial contact in the exercise of their human rights, fundamentally their right to life, requires the urgent adoption of actions and policies that provide effective responses to their protection needs .

Therefore, the people participating in the Santa Cruz de la Sierra seminar agree to urge the States to adopt and implement specific public policies for the priority care of these peoples, within the framework of the following analysis, principles and recommendations approved by consensus in the plenary of the event.

Analysis

The problem of indigenous peoples in isolation and in initial contact is closely linked to the specific situation of each of these peoples. The States have faced this situation by establishing protection actions that, although they have been limited in scope, must be taken into consideration in the development and elaboration of future specific policies.

Especially relevant is the experience of Brazil, which has a regulation and specific institutions for the protection of indigenous peoples in isolation. For its part, Peru has recently approved a specific law for these peoples, although it has not yet developed the corresponding regulations. Peruvian indigenous peoples, their organizations, NGOs and experts have shown great reluctance about the adaptation of this law to the problem of indigenous peoples in isolation, even considering that it may increase their vulnerability. Peru has also developed a proposal for a technical health standard for the protection and care of indigenous peoples in isolation and in initial contact.

Likewise, Bolivia has just recognized an intangible zone for the Toromona people, although CIDOB did not participate in the process. Ecuador, for its part, established in 1999 an intangible zone for indigenous peoples in isolation, an area that is still not demarcated. Venezuela has approved laws related to the rights of indigenous peoples, especially in relation to the demarcation and guarantees of their habitats, lands and community territories, and has established health plans and programs to address the situation of indigenous peoples in contact initial. In Paraguay, the progress made with the constitution of roundtables on the issue of indigenous peoples and Ayoreo communities in isolation and in initial contact stands out.

Likewise, indigenous organizations have been making proposals to promote respect and protection of the rights of indigenous peoples in isolation and in initial contact. These organizations have taken steps before national governments to modify laws that affect the rights of indigenous peoples in isolation and in initial contact and have collaborated in the establishment of ties between governments of different countries, as in the case of the Peruvian indigenous organizations in relation to the National Indian Foundation (FUNAI) of Brazil and the Peruvian state institutions involved in the problem.

Faced with this situation, and in support and follow-up to the work carried out by indigenous organizations in this area, spaces have been established in the international sphere, previously mentioned, which have allowed the visibility of the situation of indigenous peoples in isolation and in contact initial and proposals have been prepared for its protection. (one)

However, these actions have proven insufficient given the special vulnerability in which indigenous peoples find themselves in isolation and in initial contact. In general, there is an absence of specific national normative and institutional frameworks oriented towards the respect and priority protection of these peoples. The States of the region have not legislated in the sense of recognizing the indigenous peoples in isolation their right to self-determination, with other interests still prevailing. Thus, the rights of these peoples continue to be ignored, especially in relation to their lands and territories, even granting exploitation rights over their lands to extractive companies and establishing norms that have put their survival at serious risk.

The few existing regulations (Brazil and Peru) have not, however, been applied to their full potential. Most of the countries have not established specific institutions for the protection of the rights of indigenous peoples in isolation and initial contact, they have scarce economic resources and few specialized personnel who can attend to the situation of these peoples. Likewise, most of the States have not established specific programs or adequate action strategies to guarantee the physical, social and territorial integrity of indigenous peoples in isolation under the principle of maintaining the ways of life that characterize them, and even, in in some cases, they have carried out or allowed actions contrary to this right.

This lack of regulations and institutions has facilitated the entry of extractive companies, loggers, miners, religious groups that seek contact and evangelize the groups in initial contact, and other social actors, in the lands of indigenous peoples in isolation and in contact initial, which has caused contagion of epidemics and death, among others, that threaten their existence. Difficulties have been observed in bringing these cases of violation of rights to justice, which has generated situations of impunity.

In the case of indigenous peoples in initial contact, faced with this situation, there has also been a destruction of the traditional production system, which has led to changes in eating habits, has promoted their accelerated sedentarization and has promoted the aggressive implementation of models. welfare workers who threaten their self-determination, with a total ignorance of their culture.

At the regional and international level, there is a general lack of policies specifically focused on the protection of indigenous peoples in isolation and in initial contact. Especially relevant is the lack of agreements, coordination and joint programs between border states.

Likewise, broad sectors of civil society are unaware of and show no interest in the situation of indigenous peoples in isolation and in initial contact.

Beginning

Faced with this situation, the participants in this regional seminar on indigenous peoples in isolation and in initial contact in the Amazon region and the Gran Chaco consider the following general principles and consider the general principles explained below.

Taking into account their precarious situation, it is necessary to take into account the time factor, for which urgent measures must be established. These measures should be complemented by others in the short, medium and long term.

All these measures, to be effective, should:

- specifically assess the role of indigenous peoples, especially in the development of specific protection programs for indigenous peoples in isolation and in initial contact

- Recognize the contribution of anthropologists, technicians and scientists whose work has not violated the rights of indigenous peoples in isolation and in initial contact,

- Recognize the duty and responsibility of the State to protect and guarantee the rights of indigenous peoples in isolation and in initial contact, and

- affirm the importance of cooperation at all levels, in coordination with indigenous peoples' organizations that have assumed the defense and protection of indigenous peoples in isolation and in initial contact.

Likewise, all these actions must bear in mind:

- absolute respect for human rights,

- the situation of extreme urgency and emergency as well as possible genocide and ethnocide in which indigenous peoples find themselves in isolation and in initial contact

- the principle of no-contact,

- the recognition that isolation is the result of the right to self-determination of these peoples and, in most cases, is the consequence of the aggressions suffered.

It is necessary to highlight that the term indigenous peoples in isolation is currently under discussion by indigenous experts and organizations, and there is no consensus regarding its suitability to reflect the reality of these peoples.

Finally, existing positive experiences should be valued and stimulated.

recommendations

Based on this, the following proposals are established.

General policy:

1. State and non-state organizations must recognize and reaffirm the existence of indigenous peoples in isolation and in initial contact.

2. The protection of indigenous peoples in isolation and in initial contact should be declared a matter of high priority on the agendas of States and international organizations for the defense of fundamental rights.

3. The States must assume their responsibility to protect indigenous peoples in isolation and in initial contact against external aggressions.


4. All national and international legal, administrative and operational mechanisms that guarantee respect for the fundamental rights of indigenous peoples in isolation and in initial contact must be strengthened. For this, the consultation and participation of indigenous organizations must be counted on.

5. Compliance with existing national and international laws that guarantee the rights of indigenous peoples in isolation and in initial contact should be promoted, especially supporting the approval of the Draft United Nations Declaration on the rights of indigenous peoples, including the possibility of incorporating specific articles, and the American Declaration on the rights of indigenous peoples of the OAS. Likewise, the application of and respect for ILO Convention No. 169 on indigenous and tribal peoples in independent countries should be strengthened, which will have to be used and taken into consideration for the establishment of specific policies.

6. To achieve this protection, it is necessary to promote the recognition of specific rights for indigenous peoples in isolation and in initial contact, such as the right to self-determination, to their own territory, to their culture and models of life, and to their development.

7. Legal tools (local, regional, national and international) must be generated that allow timely and effective protection actions, especially aimed at:

to. Promote the legal recognition of indigenous peoples in isolation and in initial contact.

b. Establish immediate and precautionary measures to avoid current aggressions as well as to apply initially, in a timely and effective manner, immediate protection mechanisms, including the restriction of use and access to their lands.

c. Establish definitive protection measures.

Contingency and health measures:

8. The state sectors involved must establish measures and plans for prevention, contingency and mitigation of impacts, in the event of unwanted contact that could affect indigenous peoples in isolation.

9. The States must implement public policies and health protection strategies aimed at peoples in isolation, which include disease prevention measures to be applied in the towns surrounding their territories, post-contact medical emergency care, as well as food safety plans. in the cases of recently contacted populations affected by epidemics and unable to carry out their subsistence activities.

10. Public policies and health protection strategies should be implemented aimed at populations in initial contact, which take into account disease prevention measures, vaccination, health and environmental education.

No contact, lands and territories:

11. States must respect and enforce the principle of no contact and prohibit unwanted contact. Indigenous peoples in isolation should freely and voluntarily decide whether or not to establish contacts with members of the surrounding society.

12. Sanctions, including criminal penalties, should be established in case of violation of the principle of no contact.

13. In this sense, the penal codes of the countries of the region must be reformed, if necessary, in order to establish prison sanctions for those who, through forced and unwanted contact, threaten the territory, life and the integrity of indigenous peoples in isolation and in initial contact.

14. It is necessary to delimit and title in favor of indigenous peoples in isolation and in initial contact the territories inhabited and used by them, in accordance with the respective national legislation and international legislation. The delimitation and titling of these lands must include all the territories in which these peoples live or move and the adjoining buffer zones, implementing special and effective protection measures.

15. In those cases in which natural and environmental conservation parks or other protected areas have been established, these territories / lands must be titled, in accordance with the respective national laws, in favor of indigenous peoples in isolation and in initial contact. .

16. The intangibility of their territories must be established, understood as the titling of lands and territories in favor of indigenous peoples in isolation and the commitment of the State to avoid any activity, of any kind, that could endanger their survival, with all possible legal and political instruments in each country and depending on each situation.

17. Concession contracts for extractive purposes superimposed on the territories of indigenous peoples in isolation and in initial contact must be prohibited and immediately revoked, where they exist, and the alien persons who are in said areas should be resettled in other areas. territories.

18. Likewise, civil and colonization works that affect the territories of indigenous peoples in isolation and in initial contact must be suspended.

19. Tourism programs and initiatives that affect the physical and cultural survival of indigenous peoples in isolation or in initial contact must be suspended.

20. Missionary actions and other uncontrolled activities that seek contact on the lands of indigenous peoples in isolation and in initial contact must be expressly prohibited.

21. In general, the entry of people from outside these territories should be prohibited.

22. The role of neighboring indigenous communities must be strengthened for the defense and protection of the territories inhabited by indigenous peoples in isolation and in initial contact.

23. It is proposed to generate socioeconomic alternatives for the inhabitants who are resettled in other areas or affected by the special protection that the territories of indigenous peoples in isolation and in initial contact and in the buffer zones should have.

24. Commissions should be created to monitor and control the territories of indigenous peoples in isolation and initial contact, with the participation of indigenous peoples' organizations.

25. Bad practices of intervention in the territories of indigenous peoples in isolation and in initial contact must be identified and punished.

Institutionalization and monitoring mechanisms:

26. Specific institutions should be established for the protection of the rights of indigenous peoples in isolation and in initial contact.

27. A monitoring system must be implemented with the participation of indigenous organizations, civil society and international agencies. This monitoring system should be especially focused on:

to. The dissemination of information, having to analyze the creation of centers for the collection and dissemination of information at the national and international level.

b. Physical monitoring of the boundaries of the lands and territories of indigenous peoples in isolation and in initial contact.

c. The creation of a monitoring and early warning system in the event of violations of their rights, from the perspective of protection and human rights.

d. All these monitoring programs must ensure the sustainability of the measures taken.

28. It is necessary to strengthen the role of the public prosecutor's office and the ombudsmen in order to monitor the protection of the rights of indigenous peoples in isolation and in initial contact.

29. Likewise, the creation of pilot follow-up programs in the bordering areas of the territories of indigenous peoples in isolation and corresponding buffer zones should be encouraged.

30. A permanent group between the State and indigenous peoples should be created in each country, with the support of civil society, in order to determine the priority actions to be carried out in this area, in which the organizations should take a leading role. natives.

31. In order to avoid overlaps between decisions and measures applied by different government agencies, coordination mechanisms should be established.

32. It is decided to create a commission of indigenous peoples for the protection and defense of the rights of indigenous peoples in isolation and in initial contact.

Sensitization:

33. The States, in collaboration with the OHCHR, indigenous organizations and other relevant actors and with experience in the protection of the rights of indigenous peoples in isolation and in initial contact, should train on the rights of indigenous peoples in isolation and in initial contact with the executive, legislative and judicial branches, as well as with people working in the field.

34. The States, in collaboration with the OHCHR, indigenous organizations and other relevant actors with experience in the protection of the rights of indigenous peoples in isolation and in initial contact, should establish guidelines or decalogues on what should and should not be done. in relation to indigenous peoples in isolation and initial contact, aimed at government actors and civil society.

35. It should be channeled through the United Nations mechanisms, especially the United Nations High Commissioner for Human Rights, a call to countries to carry out priority actions and promote within the United Nations System knowledge about the situation of indigenous peoples in isolation and initial contact and the establishment of specific protection measures.

36. The experts are requested to publish a publication with basic information on these peoples.

37. The general population should be sensitized about the problems of peoples in isolation and initial contact, forms of protection, among others, including ethno-environmental education. The media, both specialized and massive, should be used, taking care that the information presented does not violate the rights of indigenous peoples in isolation.

Actions in the international arena:

General concepts:

38. International human rights systems must establish agile and efficient mechanisms for the protection of indigenous peoples in isolation and in initial contact.

39. It is necessary that the actions of international organizations with the organizations of indigenous peoples and of the States are coordinated for the adequate protection of indigenous peoples in isolation and in initial contact.

Cooperation at the regional level:

40. Binational, regional and international policies must be designed to guarantee the protection of the rights of indigenous peoples in isolation and in initial contact. At the binational level, the cross-border character of many peoples must especially be recognized.

41. Protection strategies for transboundary peoples should be established, with the participation of States and civil society, especially indigenous peoples' organizations.

42. It is recommended to include in the agendas of regional organizations, such as ACTO, CAN, OAS, MERCOSUR, etc., the issue of indigenous peoples in isolation and in initial contact and to generate projects aimed at their protection, with the participation of the Indigenous villages.

43. The request for precautionary measures should be encouraged within the Inter-American Human Rights System, as in the case of Ecuador.

International agencies:

44. The Permanent Forum is urged to give special treatment to the problem of indigenous peoples in isolation and initial contact within the subject of territorial rights.

45. The establishment of a specific Special Rapporteur within the United Nations system is proposed to promote the protection of indigenous peoples in isolation and initial contact; and combat impunity through the application of the crime of genocide.

46. ​​The ILO is proposed to update ILO Convention No. 169 or the incorporation of an annex, and to the Human Rights Council and the Working Group on Indigenous Populations, the elaboration of an international convention or instrument based on the principles stated here for the protection of the rights of indigenous peoples in isolation and in initial contact.

47. It is proposed to the International Committee of the Red Cross the creation of specific programs for the care of indigenous peoples in initial contact.

Cooperation agencies:

48. Direct coordination mechanisms should be established between cooperation agencies and national organizations in each country that is home to indigenous peoples for the protection of indigenous peoples in isolation and in initial contact.

49. It is necessary to identify cooperation agencies for the financing of protection actions and the establishment of information mechanisms, such as databases.

Follow-up of the seminar:

50. Taking into account the urgency in which indigenous peoples live in isolation and in initial contact, it is proposed that the organizers hold a new meeting in a period of approximately 12 months to follow up on the initiatives identified in Santa Cruz .

To carry out these actions, all the actors, from their respective roles, must collaborate.

NOTES

(1) Especially important is the recognition of the existence and urgency of protection of indigenous peoples in isolation in the working draft of the American Declaration, prepared in Guatemala in 2005, and the incipient work that both the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples of the Human Rights Council and the Permanent Forum on Indigenous Issues are taking place.

Taken from the Permanent Forum for Indigenous Issues. Sixth session

New York, 14-25 May 2007. Item 5 of the provisional agenda

Human rights: dialogue with the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples

HUMAN RIGHTS: DIALOGUE WITH THE SPECIAL RAPPORTEUR ON

THE SITUATION OF HUMAN RIGHTS AND FREEDOMS

FUNDAMENTALS OF THE PEOPLES

Report of the Office of the United Nations High Commissioner for Human Rights

To see inhttp://www.un.org/esa/socdev/unpfii/documents/6_session_ohchr_es.pdf


Video: Bolivian Ametrine by GIA (June 2022).


Comments:

  1. Arashakar

    I have logs in root, the news came out

  2. Hanraoi

    Yes, I looked at everything. On the one hand, everything is beautiful, on the other hand, everything is bad in connection with the latest events.

  3. Hwitcumb

    yes you can get lost))) !!!!

  4. Akibar

    Who told you?



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