DOCUMENT: 94-13040.TXT
U N I T E D N A T I O N S
Economic and Social Council ENGLISH
Distr. Original: ENGLISH/FRENCH/RUSSIAN
GENERAL AND SPANISH
E/CN.4/Sub.2/AC.4/1994/7/Add.1 GE. 94-13040 (E)
20 June 1994
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and Protection of Minorities
Working Group on Indigenous Populations
Twelfth session
25-29 July 1994
Item 5 of the provisional agenda
REVIEW OF DEVELOPMENTS PERTAINING TO THE PROMOTION AND
PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS OF
INDIGENOUS POPULATIONS
Information received from indigenous peoples'
and non-governmental organizations
THE TREMEMBE MISSION
[Original: French]
[27 April 1994]
A. The geographical and demographic background
1. The Tremembe of Almofala and Varjota occupy a vast area
in the municipality of Itarema along the coast in the State
of Ceara in north-eastern Brazil. They live in small
communities in the area, situated between the Almofala
beaches and the far side of the Aracati-Mirim river, a
region they still call the MATA, which is the local name for
forest areas. We know that there are other Tremembe
communities either in Itarema or in other coastal
municipalities in Ceara, Piaui and Maranhao. They are
fishermen and excellent divers.
2. The work done in 1986 during the first visit of a team of
technicians from the Fundacao Nacional do Indio (National
Indian Foundation) (FUNAI) to this indigenous area resulted
in a count of 3,061 Tremembe. Since the work did not take
account of all the communities in the area, the size of the
population who consider themselves Tremembe may be even
greater.
B. The "aldeamento" (Indian settlement) and the
collective memory and cultural tradition
3. In 1702 Father Jose Borges de Novais founded a rural
mission settlement called "Nossa Senhora da Conceicao" (Our
Lady of the Immaculate Conception) at Almofala. The Church
of the Holy Lady was built there and is a historical point
of reference for the Tremembe because it symbolizes their
link with the past in this area and with what it represents
today. The historical records corroborate the orally
transmitted history of the Tremembe.
4. Although their lands have been visited and invaded for
500 years, the Tremembe have succeeded in preserving some of
their cultural traditions. One of the most outstanding
examples is the Torem dance, which has become typical of the
Tremembe culture today and through which they keep alive
their links with nature and with their ancestors.
5. Oral history transmits and strengthens the ties which the
Tremembe cultivate with the "Land of the Holy Lady" the
tribal land where they were born and live.
C. Resistance and the fight for the land
6. The Tremembe have been driven out of their lands over a
long period. The year 1950 marked the beginning of the
process of modernizing rural areas in Ceara. Ensuing
expulsions have been accompanied by a policy of enclosures
that fragments the territory, as well as by displacements,
causing the Tremembe to lose contact with and control of all
their land.
7. In the struggle to protect their rights the Tremembe are
inspired by the example of the indigenous community of
Varjota, which after bitter fighting remained the only
community where the land was managed by the group. They have
389 hectares where they are able to fish, hunt, gather
fruit, grow crops (cassava, corn, beans) and rear domestic
animals for their daily subsistence.
8. They banded together to resist an agricultural firm,
Ducoco S.A., which has been established in the area since
1978 and has taken various steps to evict the community from
its land.
9. In the beginning, the Tremembe were backed by the Church
Advisory Commission on Land Issues (CAPT). Since 1986
support has come from a group of missionaries - the Tremembe
Mission of the Diocese of Itapipoca - who promote the
cultural and social stand of the Tremembe and back their
assertion of themselves as an ethnic group, despite age-old
prejudices against the exercise of their rights.
10. The Tremembe are claiming only a small portion of the
4,900 hectares which they have traditionally occupied,
because they realize that they do not have enough resources
to withstand the large landowners who have settled on the
northern part of their lands. This means that the Tremembe
have lost their mangues (the area of mangrove swamps, the
quagmires or "Tremembe") as well as the "Lagoa Santa" (Holy
Pool), which the Tremembe of Almofala regard as their most
historic site, since it was the scene of the Tremembe's
last stand as late as 1972. The FUNAI team of scientists
have erected an archaeological site there which is very
important for the history of the community.
11. In Ceara, in the north-east, and nationwide, the
Tremembe participate in mobilizing the indigenous people to
protect the rights which are theirs under the 1988 Brazilian
Constitution, as well as in drafting the new ESTATUTO DO
INDIO (Indian Statute) and in the campaigns for indigenous
solidarity and the delimitation of indigenous land.
12. During the last decade the indigenous movement has grown
in Ceara, where for a long time indigenous groups were
completely disregarded. Several other groups like the
Pitaguary, the Genipapo-Caninde, the Potiguara of Mount Nebo
and the Tremembe of Capim-Acu have now joined the Tremembe
and Tapeba (who have met the conditions for demarcation of
their land) on the road to ethnic identification.
D. The campaign for the demarcation of indigenous
land - hope for the future
13. On 4 September 1992 FUNAI Brasilia established a
technical working group for the ethnic identification of the
Tremembe of Almofala and Varjota and of their territory.
Both procedures are necessary for carrying out a
demarcation, the administrative part of which is the
responsibility of FUNAI. Under the Brazilian Constitution
the time-limit for the demarcation expired on 5 October
1993.
14. For centuries, part of the Tremembe population has been
dependent on the FAZENDEIROS (large landowners, including a
few POSSEIROS, in other words occupants of indigenous land)
and the businessmen, who also have political control of the
region. This section of the population, driven by hunger and
the increasing scarcity of land and resources for survival,
took up a position at variance with their own rights and in
so doing sided with the landowners and the politicians.
15. FUNAI, meanwhile, adopted the comprehensive findings of
the administrative proceedings initiated by its working
group (8 July 1993) and ordered their publication in the
DIARIO OFICIAL of the Union.
16. The Tremembe of Almofala and Varjota are thus officially
recognized as an indigenous people on indigenous territory.
17. The reaction was not long in coming: the area's
politicians hurriedly sent letters and telegrams to exert
pressure on the Ministry of Justice, while in the disputed
areas the pressure was more direct, with violence designed
to sow panic and confusion. Following that, a dispatch from
the Minister of Justice on 24 August 1993 yielded to the
requests for a review of the case and referred the entire
matter back to FUNAI. Ducoco S.A. filed an application for
the outright annulment of the administrative demarcation
proceedings. Mrs. Germana Oliveira de Moraes, the judge,
granted the application and suspended the land demarcation
proceedings.
18. A procedural battle then began in various courts,
involving FUNAI/the Federal Union and Ducoco S.A. Exercising
their constitutional rights, the Tremembe have engaged a
team of lawyers who are helping them and at the same time
becoming aware of the realities of the Tremembe as an ethnic
group.
19. FUNAI recently sought an expert opinion in the disputed
area. The application was handled by Judge de Moraes, who
appointed a civil engineer to give the opinion. The Tremembe
have challenged that decision because the issue is
essentially anthropological. The judge has now approached
the Brazilian Association of Anthropology to obtain a list
of anthropologists likely to provide an expert opinion. The
other lawyers may also appoint an assistant expert.
20. The Tremembe thus continue to live beset by these
various difficulties. They have on the one hand to organize
themselves to cope with threats, persecution and aggression,
but on the other hand they are working to promote their
traditional activities (for example, handicrafts) and defend
their rights.
SERVICES OF THE MIXE PEOPLE
[Original: Spanish]
[18 May 1994]
DECLARATION OF TLAHUITOLTEPEC ON THE FUNDAMENTAL RIGHTS
OF THE INDIGENOUS NATIONS, NATIONALITIES AND PEOPLES
OF INDO-LATIN AMERICA
Bearing in mind that we the indigenous nations,
nationalities and peoples are natives of the territories
which we have traditionally occupied, and that in most cases
alien religion, education and legislation were imposed on us
against our will,
Considering that Government States were established on
top of our own political structures and governments and that
we did not voluntarily accept their jurisdiction over us,
Reaffirming that the right of self-determination is a
human right of peoples, as an absolute pre-requisite for the
enjoyment of all the other internationally recognized human
rights,
Bearing in mind that individual human rights are
constantly violated in any nation State, and that history
has shown them to be insufficient to safeguard the future of
mankind,
Convinced that we human beings who inhabit this planet
must promote legal recognition of the collective rights of
all peoples, in a close relationship with nature as a whole
and what it encompasses,
Reaffirming that the right of self-determination for
our nations, nationalities, peoples and communities is
systematically violated by the government States, thus
preventing our economic, social, cultural, civil and
political development,
Recognizing that considerable progress has been made
with regard to the rights of our peoples within the
framework of international law, and that despite this, many
States have not in this respect ratified the instruments
which concern them, or fail to comply with them internally
despite what they proclaim to the world,
We the indigenous representatives assembled here at the
Indo-Latin American Symposium, held in the Tlahuitoltepec
community of the Mixe people from 27 to 31 October 1993,
after a legal examination of the fundamental concepts of the
rights of our indigenous nations, nationalities and peoples,
have agreed, of our own free will, to proclaim the following
declaration:
1. We the representatives of the indigenous Indo-Latin
American nations, nationalities and peoples unanimously
agree that we have always been and will forever continue to
be peoples with our own history, religion, culture,
education, language and other fundamental characteristics of
nations, nationalities and peoples.
2. We reaffirm that our indigenous nations, nationalities
and peoples have had and still have their own way of life,
which is reflected in their political, legal, economic,
social and cultural structures, and demands the recognition
and respect of the nation States which, in law and in
practice, have denied our existence.
3. The nation States must understand that the aspiration of
our indigenous nations, nationalities and peoples is not to
establish themselves as new States, but to be given the
recognition and respect due to us as the first inhabitants
of these lands and territories in which the nation States
have established themselves, by virtue of the principle
"first in time, first in law".
4. We the indigenous nations, nationalities and peoples
reiterate that we eschew violence as a means of solving our
problems. We reassert our capacity for dialogue as the
proper and civilized way to settle the great differences
between the nation States and our interests.
5. The nation States need to assume responsibility for
creating a new legal, political, territorial, cultural and
economic system not only to satisfy our aspirations but also
to give their own existence legitimacy.
6. We therefore urge all the nation States to recognize
their multiple composition, bearing in mind that indigenous
nations, nationalities and peoples today included within the
territory of the present States continue to exist as they
have done for centuries.
7. We the indigenous nations, nationalities and peoples of
Indo-Latin America are fully aware that we have held our
lands and territories for centuries, and it is therefore
urgently necessary in the interests of peaceful and
respectful coexistence, that unequivocal and full legal
recognition should be accorded to our rights.
8. Our territories and lands constitute our life, because
within them lies the cradle of our age-old cultures,
regulated by our own legal systems which proclaim our
internal and external relationship with these territories
and lands, reflected in our conduct as individuals and
communities.
9. Our territories and lands are inalienable,
imprescriptible and untakable, because it is so established
in every one of our own legal systems, which derive from our
cosmic view that they are an integral part of our indigenous
nations, nationalities and peoples. This is so, because the
Land like our Mother, cannot be turned into private
property, since otherwise we could not guarantee the
collective future of our peoples.
10. It is therefore imperative and urgent that the nation
States should prevent and punish any action of genocide,
ethnocide or the destruction of the environment, because in
this way they will also safeguard the future of mankind. For
this reason, we condemn the killing of our Ashanika and
Yanomani brothers, and other acts, which prove that the
invasion and murder of our peoples has not ended.
11. Respect for the right to self-determination is vital for
the future development of our indigenous nations,
nationalities and peoples. According to the international
human rights covenants, this right is not the exclusive
prerogative of governments but an inalienable right of all
the peoples of the earth, without which they cannot fully
exercise their other national and international rights.
12. In such difficult times as these, the highest priority
must be given to recognizing the regional or local
autonomies of our indigenous nations, nationalities and
peoples when we deem fit to assume them as practical ways of
exercising our self-determination, and in order to
strengthen the unity of the present nation States through
constitutional recognition and its effective application in
each case.
13. We the indigenous nations, nationalities and peoples
understand our cultures to be any manifestation that
expresses the comprehensive concept of our relationship with
our Mother Earth and our relationships among ourselves, as
human beings in a community. Our cultures include elements
such as language, social, political and economic customs,
the arts, sciences, medicine and religion.
14. In view of the foregoing, we condemn any action or
intent to undermine our culture as a whole or any element
thereof and we reject any policy or activity which seeks to
impose itself on any of them.
15. In order for our indigenous nations, nationalities and
peoples to control and dispose freely of their lands,
territories and natural resources, we ourselves must
strengthen our legal systems, the fundamental principle of
which is the search for harmony between human beings and
nature. This means a new concept of law on the part of the
nation States and the acceptance of legal pluralism.
16. We make a special appeal to the governments of the
nation States to ratify ILO Convention 169 whenever the
indigenous nations, nationalities and peoples so request.
They should also support the adoption in the United Nations
of the Universal Declaration on the Rights of Indigenous
Peoples, without any restriction, since that instrument
establishes the fundamental rights which safeguard our
future.
17. In the Organization of American States, the Latin
American States should actively encourage the adoption of an
instrument which will guarantee the full exercise of the
collective rights of our different nations, nationalities
and peoples.
18. We confirm our proposal put forward on 18 June 1993 at
the World Conference on Human Rights that the International
Decade of the World's Indigenous People should be proclaimed
with effect from 1994.
19. Similarly, we strongly urge Governments and the United
Nations to appoint a High Commissioner for Human Rights, who
will devote special attention to the collective rights of
our indigenous nations, nationalities and peoples.
20. Finally, we are convinced that the future of Indo-Latin
America will be better and more secure if there is a joint
effort by the nation States and the indigenous nations,
nationalities and peoples, to make dialogue and respect for
equality through diversity the bases for settling problems
and differences in order to achieve universal peace and the
development of all.
Issued on 31 October 1993 in Tlahuitoltepec of the Mixe
People, Oaxaca.
COMMITTEE TO SAVE THE KOLYMA RIVER BASIN
REPUBLIC OF SAKHA
[Original: Russian]
[18 April 1994]
Kolyma River Hydroelectric Scheme
and the rights of the indigenous peoples
of the Kolyma
1. Together with technological progress the twentieth
century has brought environmental catastrophe to many
peoples, including the peoples of the Russian North. The
industrial conquest of the North has as its accompaniment a
barbaric attitude towards the aboriginal peoples'
environment.
2. Everyone has heard of the tragedies that have affected
such major Siberian rivers as the Ob, the Yenisei and the
Vilyui and the disaster this has turned out to be for the
indigenous peoples.
3. The threat of similar environmental degradation, in the
form of a scheme to build a series of hydroelectric
stations, now looms over a major river in the north-east of
Russia, the Kolyma.
4. The Kolyma is formed from the confluence of the rivers
Kula and Ayan-Yurakh, which rise in the Khalkan Range of
Russia's Magadan Region. It is 2,129 km long, drains an area
of 643,000 km2 and empties into the Kolyma Gulf of the East
Siberian Sea.
5. The Kolyma flows through the Magadan Region and the
Republic of Sakha (Yakutia) in the Russian Federation. It
has been from time immemorial, and it still is a source of
life for a number of indigenous peoples: the Evenks, Evens
(or Lamuts), the Chukchi and the northern Yakuts. It is also
the only home of the Yukagir people, a race that was, by
Siberian standards, plentiful in the eighteenth century, but
that is now vanishing.
6. The lower reaches of the Kolyma flow through three of the
administrative regions in the Republic of Sakha (Yakutia):
Upper Kolyma (area: 67,800 km2; population: 10,147;
aboriginal peoples: Yakuts, Evens, Yukagirs); Middle Kolyma
(area: 125,200 km2; population: 9,421; aboriginal peoples:
Yakuts, Evens, Yukagirs) and Lower Kolyma (area: 87,100 km2;
population: 14,001; aboriginal peoples: Evens, Yukagirs,
Chukchi, Yakuts).
7. In terms of the variety of its flora and fauna, the
Kolyma is one of the world's richest rivers. It is home to
37 species of fish, including some highly prized edible
varieties: sturgeon, Stenodus leucicthys nelma, Coregonus
nasus, Coregonus muksun, etc. The Kolyma River basin
supports 174 varieties of birds, including some that are
extremely rare, such as the Arctic white crane (Grus
leucogeranus), cuneate-tailed gull (Rhodestethia rosea) and
northern swan, as well as numerous fur-bearing animals
(Arctic fox, ermine, red fox, sable, etc.). The area along
the Kolyma is rich in domesticated and wild reindeer and
elk. The native economy is based on reindeer- and horse-
herding, cattle-farming, fishing, fur-trading and the
gathering of the mushrooms, berries and other useful plants
that grow on the banks of the river and the many lakes
connected with it.
8. Building of the first hydroelectric station (HES) on the
river, the Kolyma HES, began in 1973, without the knowledge
of the people living in the area concerned; the Kolyma
hydroelectric scheme as a whole, as planned by Kolyma
Gesstroi (Kolyma Hydroconstruction) of the Magadan Region
and the Ministry of Fuel and Energy of the Russian
Federation, calls for the construction of a series of five
stations to a design drawn up by the Lengidroproekt design
institute of St. Petersburg in 1990-1993. Construction of
the second stage of the scheme, the Ust-Srednekan HES, has
begun, on a site in Magadan Region 217 km downstream from
the Kolyma HES and 14 km upstream from the village of Ust-
Srednekan, at kilometre 1,677 on the Kolyma River, 517 km
from the administrative boundary of the Republic of Sakha
(Yakutia). Work on the Ust-Srednekan HES is currently halted
because of the public campaign to defend the Kolyma River
basin.
9. The Ust-Srednekan HES is intended to reinforce the
generating capacity of the Magadanenergo power authority for
which it will be operated.
10. The principal economic activity in the area to be served
by the Ust-Srednekan HES is the mining and concentration of
gold, silver and tin ore. The station's intended installed
capacity is 550 MW.
11. The adverse effect of the Kolyma hydroelectric scheme on
the surrounding area is enormous even now, but when
construction is complete and the planned industrial and
other facilities are in operation the Kolyma and its
environs could be totally ruined. That in turn would lead to
the disappearance of the indigenous peoples, who have
already been brought to the brink of ethnic disaster.
12. The expert studies that have been made to date do not
fully encompass the negative effects of the scheme.
13. The environmental impact statement was drawn up by the
Lengidroproekt design institute on the basis of research by
the Magadan Environmental Centre and institutes of the Yakut
Scientific Centre. The conclusions and views advanced are,
inter alia, that the building of the Kolyma and Ust-
Srednekan stations will reduce the catchment area of the
Kolyma River in the vicinity of the town of Srednekolymsk by
17 and 27 per cent respectively. Proportional decreases are
likely in maximum stream flow, so that the peak water level
in wet years will be lowered by 60-70 cm with the
construction of the Kolyma HES and by a further 100 cm with
the construction of the Ust-Srednekan HES. In an averagely
wet year the peak water level will be lowered by 1.5 m.
14. The ice-jam rate will be 55 per cent for the village of
Zyryanka and 76 per cent for Srednekolymsk. The frequency of
catastrophic water levels at Srednekolymsk when the river is
in flood or there is pack ice will be greatly increased.
15. It is clear to even a casual observer that the pattern
of flow levels in the river has changed considerably.
16. While water quality is stated and a list given of the
main pollutants, there is no calculation of the pollution
index or comparison with the maximum permissible
concentrations.
17. Lengidroproekt calculates that the hydroelectric scheme
will reduce the area of flood-plain inundated by 10.8 per
cent, with lakes shrinking by 11.2 per cent, but data from
the Institute for the Physical and Technical Problems of the
North of the Siberian Branch of the Russian Academy of
Sciences put the reduction at 50 per cent.
18. The adverse economic impact of the scheme is not fully
assessed: there is no calculation of the damage that will be
done to vegetation (trees, berry plants) or to the
population, birds or agricultural land.
19. No prediction is made of the scheme's effect on the
living conditions of the aboriginal population of the
regions through which the river flows.
20. The scheme will have an adverse effect on the habitat of
waterfowl and mammals and on the size of the invertebrate
population.
21. Tremendous damage will be caused to the fishing industry
in the Republic of Sakha (Yakutia). The precise magnitude of
that damage is not defined.
22. Generally speaking, the environmental impact assessment
made for the hydroelectric scheme fails to meet the
requirements of the Provisional Instructions concerning the
Procedure for Environmental Impact Assessment in Feasibility
Studies and Design Work for Economic Facilities and
Complexes approved by the Deputy Chairman of the USSR State
Committee on Protection of the Environment on 10 May 1990.
23. The above are some of the findings of an expert
commission of the State Environmental Assessment Directorate
of the Ministry of the Environment and Natural Resources of
the Republic of Sakha (Yakutia). They relate only to part of
the scheme as designed by Lengidroproekt in 1990-1993.
24. No reliable information is yet available concerning the
pollutants entering the Kolyma. Doctor's records, however,
show that gastrointestinal and kidney disorders are
increasing among the permanent population.
25. Fishermen report that they are increasingly finding
ulcerated fish: whitefish, dace and sometimes Coregonus
nasus and other species. Channels connecting lakes to the
Kolyma are drying up, so that water quality is falling and
fish are dying in the lakes.
26. The artificial lowering of the water level and the
releases of water from the reservoir of the existing HES
have seriously disrupted fish spawning. This could
eventually lead to the complete disappearance of some
species.
27. Hunters say that the influence of the HES is seriously
reducing the populations of fur-bearing animals, as well as
of other wild and domesticated animals and small rodents.
For example, the flooding caused by the release of water
from the dam after the winter ice melts drowns fur-bearing
animals such as muskrats, ermine, squirrels and small
rodents and the total number of these creatures is gradually
declining.
28. To date, public opinion in the three relevant regions of
the Republic of Sakha (Yakutia) and in Magadan Region has
been ignored, as have the demands for the halting of the
hydroelectric scheme from the public Committee to Save the
Kolyma River Basin.
29. The appeals that deputies for the Kolyma regions to the
Supreme Council of the Republic of Sakha (Yakutia) made to
the Russian President, Boris Yeltsin, and the former Prime
Minister of Russia, Egor Gaidar, when they visited the
Republic have gone unanswered.
30. The construction of the Kolyma hydroelectric scheme not
only marks the beginning of the degradation of the
environment in one of the most picturesque corners of the
Earth but also threatens the future of the aboriginal
peoples of the Kolyma: the Evens, Chukchi, Yukagirs and
northern Yakuts, whose culture is an integral part of the
circumpolar culture of the peoples of the Arctic.
31. The construction of the Kolyma hydroelectric scheme is a
gross violation of the sovereignty of the Republic of Sakha
(Yakutia) and breaches the right of the indigenous peoples,
the Kolyma Evens, Yukagirs, Chukchi and Yakuts, to the
possession and use of their ancestral territory, their right
to maintain their own way of life. It may in time turn the
aboriginal peoples of the Kolyma into environmental refugees
and lead to ethnocide.
32. This is happening despite the legislation adopted by
Russia, the Republic of Sakha (Yakutia) and the
international community to protect the rights of indigenous
peoples. In particular, it contravenes the Constitutions of
the Russian Federation and the Republic of Sakha (Yakutia),
the Decree of the President of the Russian Federation on
Urgent Measures to Protect the Living Places and the
Economic Activity of the Minority Peoples of the North
(Decree No. 397, issued on 22 April 1992) and the Act of the
Republic of Sakha (Yakutia) on the Nomadic, Tribal Community
of the Minority Peoples of the North. It also violates the
ILO Convention concerning Indigenous and Tribal Peoples
(Convention No. 169, Geneva, 1989).
33. The Committee to Save the Kolyma River Basin appeals
urgently to the Sub-Commission on Prevention of
Discrimination and Protection of Minorities of the United
Nations Commission on Human Rights to include the present
report in the study of the connection between environmental
degradation and the rights of indigenous peoples.
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