Section 2: Getting organised to defend our right to Free,
Prior and Informed Consent
2.1 Knowing our rights
Even if the law in our country is weak or isn’t enforced, being knowledgeable about what laws and policies exist
can help us to be in a stronger position to defend our traditional territories. This knowledge can also strengthen our
negotiations with the government, companies, investors and others who want to use our land. That is why knowing
our rights, and making sure all members of our communities understand them, is so important. We need to re-read
the first sections of this guide that spell out our rights. But we should also keep in mind that this guide does not
cover every right inherent to Indigenous Peoples. It’s important for us to get copies of international treaties and
national laws in Guyana.
Then, we have to make it clear to government officials, companies and other outsiders that we know our rights
and expect them to uphold those rights and other “best practice” standards. We should inform them and educate
them, if they don’t know. If they don’t listen, we must keep on insisting and letting them know! If that fails, we can
use different ways to make it known more widely that our rights are not being respected. Box 4 describes some ways
to deal with “grievances” or complaints against proponents or the government. Section 4.4 has more information. So
does Section 2.2e of the Guide on Environmental and Social Impact Assessments.
Box 4: Dealing with grievances around violations of rights
When engaging with a company, one of our earliest steps should be setting up a process on how complaints from
community members will be dealt with. These processes can take different forms, but the important thing is that
our community agrees and that the process, who is responsible and the timeframes for responding are spelled
out in writing. If the company does not properly address our grievances in the early stages, it is not a good sign
for how they will deal with us in the future! Complaints can also be filed with the Minister of Amerindian Affairs
or other government agencies. Under the Constitution, the state is responsible for upholding our human rights
(Article 154A.1). If neither option works, there are other steps we can take, including:
1) Writing to the donors who are funding the project or funding the Government of Guyana. For example,
mining will continue under the LCDS and new hydro dams will be built that could affect our territories.
If the laws that protect our rights are not being enforced, we should tell donors like Norway, the World
Bank and others — even if this means sending a hand-written letter! There is too much at stake not to
speak out;
2) Grievances might be filed with the new Indigenous Peoples Commission, when it gets up and running;
and
3) Contacting the media — in Guyana, in the home country of the company or in the donor country.
Remember: Whatever we do, we have to remember to keep written copies of all grievances we submit, so we
can refer to them later if the proponent or government officials say they never received them!
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Free, Prior and Informed Consent