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| Declaration of the International Conference on Extractive Industries released |
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Manila, Philippines (ICC) 3-09
Declaration of the International Conference on Extractive Industries and International Indigenous Conference Issues Declaration on Extractive Industries – Calls for specific action by Governments, Corporations and others.
The International Conference on Extractive Industries and Indigenous Peoples held in Manila, Philippines March 23-25th issued a strong declaration at the close of the three day meeting. The conference, hosted by Tebtebba Foundation, involved Indigenous representatives and organizations from over thirty countries representing every region of the world. The resulting Declaration calls for recognition, respect and implementation of indigenous rights and international standards for mining on peoples’ traditional lands. Conference participants also reached agreement on the immediate formation of a global indigenous network on extractive industries to better monitor corporate behavior, provide support for communities and issue policy statements and guidelines on extractive industries practice.
The conference examined the social, cultural and environmental
impact of extractive industries on indigenous peoples. Brian Wyatt, of
the the National Native Title Council of Australia, stated: “The
declaration is the result of many years of frustration felt by
Indigenous peoples worldwide as they always play second fiddle to the
big mining companies whose priority is increasing profit margins.
Indigenous peoples’ rights and interests don’t always get the attention
they deserve.
Declaration on Indigenous Peoples
23-25 March 2009
Legend Villas, Metro Manila, Philippines
When all the trees have been cut down, We, Indigenous Peoples and support organisations from 35 countries around the world and representing many more Indigenous Nations, have gathered together in this International Conference on Extractive Industries and Indigenous Peoples. As Indigenous Peoples we have a unique cosmic vision, diversity of languages, histories, spirituality and territories which have existed since time immemorial. However, we now find ourselves within the borders of States which have established norms and laws according to their interests.
On account of this situation, we
have suffered disproportionately from the impact of extractive
industries as our territories are home to over sixty percent of the
world's most coveted mineral resources. This has resulted in many
problems to our peoples, as it has attracted extractive industry
corporations to unsustainably exploit our lands, territories and
recourses without our consent. This exploitation has led to the worst
forms of, environmental degradation, human rights violations and land
dispossession and is contributing to climate change.
Corporations enter into our territories with the promise of
“development” through employment, infrastructure building and payment
of governmental taxes. Despite these promises, there still exists a
situation of dire poverty in those living close to extractive industry
projects. This situation has fuelled conflicts between Indigenous
Peoples and the State and extractive industry corporations, as well as
causing divisions within the Indigenous communities themselves.
Based on the foregoing observations, we assert that:
* Indigenous Peoples are rights holders, with an
inextricable link to their lands, territories and resources which they
have traditionally owned, occupied or otherwise used or acquired, and
should not be treated merely as stakeholders. We have a right to
self-determination of our political condition and to freely choose our
economic, social and cultural development (UN DRIP Article 3);
Given the above, in order to ensure respect for
the rights recognized in the UN DRIP, as well as the ecological
integrity of our planet and communities, we call for:
* A stop to the plunder of our lands, territories and resources;
We call on Indigenous Communities and their Supporters:
* To create an international mechanism working on extractive
industries and Indigenous Peoples aimed at sharing information,
education, advocacy and the defence of our rights;
We call on Civil Society Organisations:
* To increase their support, and solidarity in a manner that is sensitive to the issues of Indigenous Peoples; * Especially conservation and other NGOs, not to impose themselves or their views upon us, but respect our legitimate leadership and also seek the FPIC of communities before intervening; this also applies to academics including anthropologists; and
We call on Companies:
* To respect international standards on rights in all jurisdictions, especially the minimum standards as set forth in the UN DRIP, which includes in particular, the right to lands, territories and resources and attendant right to FPIC. This also applies to consultants; * To submit to independent and credible monitoring; * To be accountable for the environmental disasters, destruction and human rights violations as a result of their operations; * To employ proven technology and adhere to the precautionary principle at all levels and in each project; * To recognize the specific vulnerability of indigenous women to the negative impacts involved with extractive industries; * To ensure full transparency in all aspects of their operations, and especially to ensure affected communities have full access to information in forms and languages they can understand; and * To conduct and implement environmental, social, cultural and human rights impact assessments to the highest international standards ensuring independent review and participation of indigenous peoples;
We call on Investors:
* To ensure that policies in relation to investments in indigenous territories reflect the rights articulated in the UN DRIP, and that the ethical index listings used should base their investment recommendations on third party information, as opposed solely to information from the company in which they may invest and * Not to invest in fossil fuel related projects.
We call on States:
* Smpecifically those States that have not done so yet, to adopt the UN DRIP and ratify International Labour Organization (ILO) 169, and for those States who have to uphold the rights articulated therein; * To establish, in consultation with Indigenous Peoples, clear mechanisms and procedures at national levels for the implementation of international juridical instruments, specifically the UN DRIP, ILO 169 and International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); * To review laws and policies on extractive industries that are detrimental to Indigenous Peoples, and ensure consistency with the UN DRIP and international instruments protecting Indigenous Peoples rights; * To recognize and enforce the rights Indigenous Peoples to FPIC as laid out in UN DRIP, in accordance with our customary laws and traditional practices; * To recognize and ensure the demarcation and titling of our ancestral lands; * To recognize our customary laws and traditional mechanisms of conflict resolutions; * To support the efforts of Indigenous Peoples to develop economic alternatives to extractive industries, in order to alleviate the poverty that creates false dependencies on extractive industries; * To abolish hedge funds and all forms of private equity that are not transparent and well regulated, and which distort the price of minerals; * To legislate and regulate thorough processes for independently conducted environmental, social, cultural and human rights impact assessments, with regular monitoring during all of the phases of production and rehabilitation; * To protect indigenous activists, human rights defenders and lawyers working on human rights issues, and where the State is the violator we demand an end to the violations against our peoples; * To ban particularly harmful extractive practices, including riverine tailings disposal, gas flaring, effluent discharges, submarine tailings disposal, mountain top removal and large scale open-pit mining. Given the risks posed by climate change, serious re-consideration should be given to the construction of tailings containment in low-lying coastal areas and in areas exposed to increasingly severe weather events and * To ensure that their development cooperation policies and programmes respect Indigenous Peoples rights’, in particular in the context of extractive industries and our right to FPIC.
We call on Civil Society Organisations:
* To increase their support, and solidarity in a manner that is sensitive to the issues of Indigenous Peoples; * Especially conservation and other NGOs, not to impose themselves or their views upon us, but respect our legitimate leadership and also seek the FPIC of communities before intervening; this also applies to academics including anthropologists; and
We call on Companies:
* To respect international standards on rights in all jurisdictions, especially the minimum standards as set forth in the UN DRIP, which includes in particular, the right to lands, territories and resources and attendant right to FPIC. This also applies to consultants; * To submit to independent and credible monitoring; * To be accountable for the environmental disasters, destruction and human rights violations as a result of their operations; * To employ proven technology and adhere to the precautionary principle at all levels and in each project; * To recognize the specific vulnerability of indigenous women to the negative impacts involved with extractive industries; * To ensure full transparency in all aspects of their operations, and especially to ensure affected communities have full access to information in forms and languages they can understand; and * To conduct and implement environmental, social, cultural and human rights impact assessments to the highest international standards ensuring independent review and participation of indigenous peoples;
We call on Investors:
* To ensure that policies in relation to investments in indigenous territories reflect the rights articulated in the UN DRIP, and that the ethical index listings used should base their investment recommendations on third party information, as opposed solely to information from the company in which they may invest and * Not to invest in fossil fuel related projects.
We call on States:
* Specifically those States that have not done so yet, to adopt the UN DRIP and ratify International Labour Organization (ILO) 169, and for those States who have to uphold the rights articulated therein; * To establish, in consultation with Indigenous Peoples, clear mechanisms and procedures at national levels for the implementation of international juridical instruments, specifically the UN DRIP, ILO 169 and International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); * To review laws and policies on extractive industries that are detrimental to Indigenous Peoples, and ensure consistency with the UN DRIP and international instruments protecting Indigenous Peoples rights; * To recognize and enforce the rights Indigenous Peoples to FPIC as laid out in UN DRIP, in accordance with our customary laws and traditional practices; * To recognize and ensure the demarcation and titling of our ancestral lands; * To recognize our customary laws and traditional mechanisms of conflict resolutions; * To support the efforts of Indigenous Peoples to develop economic alternatives to extractive industries, in order to alleviate the poverty that creates false dependencies on extractive industries; * To abolish hedge funds and all forms of private equity that are not transparent and well regulated, and which distort the price of minerals; * To legislate and regulate thorough processes for independently conducted environmental, social, cultural and human rights impact assessments, with regular monitoring during all of the phases of production and rehabilitation; * To protect indigenous activists, human rights defenders and lawyers working on human rights issues, and where the State is the violator we demand an end to the violations against our peoples; * To ban particularly harmful extractive practices, including riverine tailings disposal, gas flaring, effluent discharges, submarine tailings disposal, mountain top removal and large scale open-pit mining. Given the risks posed by climate change, serious re-consideration should be given to the construction of tailings containment in low-lying coastal areas and in areas exposed to increasingly severe weather events and * To ensure that their development cooperation policies and programmes respect Indigenous Peoples rights’, in particular in the context of extractive industries and our right to FPIC. * To request that the UN Indigenous Peoples Expert Mechanism conduct a study, with the participation of Indigenous Peoples, on the impact of extractive industries on them, by consolidating all recommendations, observations and decisions of UN Treaty and Charter bodies pertaining to the subject and identifying the measures taken by States to adhere with these; * To request that UN mechanisms, agencies and bodies promote the elaboration of mechanisms and procedures for States to implement to minimum standards set forth in the UN DRIP, including in particular the right to FPIC; * To establish procedures which provide indigenous communities with the opportunity to request the relevant UN agencies to assist them in the monitoring and provision of independent information in FPIC processes; * To support the Indigenous Peoples’ proposal that there be an international Mother Earth Day, and encourage all UN agencies, mechanisms and bodies to do likewise; * To demand the full and effective participation of Indigenous Peoples in all discussions and decisions pertaining to international agreements and conventions that address issues of biological diversity and or climate change; * To emphasize the need to address the direct and indirect impacts of extractive industry on climate change, including those associated with mitigation measures; * To emphasize the need for the widespread diffusion of information and critical debate between Indigenous Peoples about the ongoing mechanisms and negotiations relative to carbon trading and the carbon market; * To request that the Special Representative to the Secretary General on the issue of human rights and transnational corporations and other businesses, John Ruggie, and other UN organisations, bodies and agencies, promote the enactment of legislation in home states of transnational corporations that provides for extraterritorial jurisdiction in relation to their activities; * To recommend that the World Bank Group update its operational directives and safeguard policies pertaining to Indigenous Peoples to include the right to FPIC, as required under the UN DRIP; * To recommend that the World Bank Group immediately stop funding, promoting and supporting fossil fuel related projects and large scale mining projects on indigenous lands, and provide a set timeline for ending of all such funding; * To recommend that the World Bank stop influencing the design of national policies in developing countries in a manner that promotes the interests of transnational mining corporations over the rights of indigenous communities; * To recommend that the World Health Organisation consider conducting a study on the impact of cyanide and heavy metals on the right to health of communities impacted by mining; * To address the urgent need for the genuine recognition of indigenous religious, cultural and spiritual rights, including their sacred sites in the context of extractive projects and * To recommend that all bilateral agreements should guarantee that indigenous peoples’ human rights are respected.
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