Key FPIC Tip: It is not enough to talk just about our right to Free, Prior and Informed Consent. If we are concerned
about projects and policies that will affect our territories, we should also talk about our rights to self-determination,
land, subsistence, health, environment, culture, and others.
2.2 Establishing and demonstrating our customary rights
to land and natural resources
As Indigenous Peoples, an important step is for us to establish and demonstrate our customary rights to our
territories. This is key to ensuring respect for our rights to land and to Free, Prior and Informed Consent.
We use our own customary laws and customary occupation and
use of the land to establish rights to our traditional territories.
We don’t have to show that we were the first peoples to be in the
territory, only that we had a claim to the area before others did
and before the state had any effective authority over it.
Remember: Having established rights does not depend on the
state recognising them or full title to the land:
• Human rights are inherent, which means that we all have
certain rights as human beings under international law;
• International law also recognises that the rights of
Indigenous Peoples come from our own laws and
practices, and that those rights existed long before the
state and government did. See Box 5.
True, it is hard to realise our rights if they are not recognised by
the government. But by establishing and demonstrating our
customary rights to land and natural resources, we have a better
chance of having them recognised in the future. The President
of Guyana has challenged Amerindian leaders from Region 9 “to
show how they use their lands and why they demand ownership
over such an extensive area.”12 The pages that follow will tell us
more about how we can do this.
If the government still does not respect our rights, other
outsiders might. Did you know that some industry guidelines
encourage exploration companies to treat Indigenous Peoples as
rightful owners of the land even if our full title isn’t respected?13
Box 5: Support for customary rights
in international law
The Inter-American Commission on Human
Rights (IACHR) has said: “…the property
rights of indigenous peoples are not
defined exclusively by entitlements within
a state’s formal legal regime, but also
include indigenous communal property
that arises from and is grounded in
indigenous custom and tradition.”1
And in Guyana… The Government has
signed the Convention on Biological
Diversity, so under Article 10C it should
“protect and encourage customary use
of biological diversity in accordance
with traditional cultural practices that
are compatible with conservation or
sustainable use.”2
See Inter-American Court on Human Rights, Series
C, No. 79 (2001), at para. 149, 151; Inter-American
Commission on Human Rights, Report Nº 75/02,
Case Nº 11.140, Mary and Carrie Dann (United
States), Dec. 27, 2002. OEA/Ser.L/V/II.116, Doc. 46,
at para. 131; and Report No. 40/04, Case 12.053,
Maya Indigenous Communities of the Toledo District
(Belize), 12 October 2004, at para. 117.
1
The Convention can be downloaded at http://
www.cbd.int/convention/convention.shtml
2
How do we demonstrate our customary rights to land and other
natural resources? Some steps that have been used to do this
are:
1) Continuing to push to have our territorial rights officially recognised. The Government of Guyana has issued
titles to some Amerindian villages on the basis of “immemorial possession.” These titles are mostly quite
12 See Griffiths, Tom. “Guyana: Empowerment of indigenous peoples though participatory mapping.” World Rainforest Movement Bulletin no.
62, September 2002. Available to download at http://www.wrm.org.uy/bulletin/62/Guyana.html
13 “E3plus,” a set of voluntary guidelines by the Prospectors and Developers Association of Canada, states: “Explorers should use particular
care in situations in which indigenous or tribal lands and resources and associated rights have not been officially recognized or adequately
demarcated or defined. In such cases, it is recommended that explorers treat the situation as if the rights of the indigenous or tribal people
are recognized in law and proceed accordingly.” PDAC has many members in Guyana. See “E3plus: Principles and Guidance.” Page 13.
Available to download at http://www.pdac.ca/e3plus
A practical guide for Indigenous Peoples in Guyana
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