By Mark DaCosta- In a landmark decision, the Inter-American Commission on Human Rights (IACHR) has directed the People’s Progressive Party (PPP) government to provide compensation to the Akawaio community of Isseneru, Region 7. The directive comes after the IACHR identified numerous violations of the community’s rights, particularly concerning land ownership, environmental health, and autonomous mining activities.
The IACHR, an autonomous body within the Organisation of American States (OAS), released its findings on April 24, 2024. Despite the gravity of these findings, the Guyanese government has yet to acknowledge or act on the recommendations. The Isseneru Village Council, led by Toshao Ivor Courtman, has formally requested a meeting with Minister of Parliamentary Affairs and Governance, Gail Teixeira, to discuss the report and the necessary steps forward.
“We call upon the government to heed the IACHR’s recommendations and work collaboratively with us to implement measures that will safeguard our rights and promote sustainable development in our territory,” the Village Council emphasised in a statement.
The IACHR’s comprehensive report outlined numerous violations of the American Declaration of the Rights and Duties of Man. Key among these was the infringement of the Isseneru community’s right to collective territorial property. The Guyanese state’s processes and laws were found deficient in several areas; the IACHR identified the following deficiencies, among others:
1. The Amerindian Act’s provisions were criticised for failing to acknowledge the pre-existing rights of Indigenous peoples to their ancestral lands, instead treating these lands as grants from the state. This legal framework does not obligate the state to grant property titles to Indigenous communities, nor does it adequately define or delimit their territories.
2. Guyana’s Minister of Amerindian Affairs holds excessive discretionary power in deciding whether to grant property titles to Indigenous communities, with no objective guidelines. This has resulted in prolonged uncertainty and insecurity for the Isseneru community, with the titling process dragging on for two decades.
3. The report highlighted severe environmental degradation caused by mining activities, including operations by private entities like Messrs. Lalta Narine and Joan Chang. The community has faced significant health risks due to mercury pollution and other contaminants, with inadequate response from the state to mitigate these harms or provide necessary healthcare.
4. The IACHR noted that Guyana’s legal framework favours private property rights over Indigenous territorial rights, creating a discriminatory environment. This disparity is evident in the protection given to private, non-Indigenous landowners compared to the insufficient safeguards for Indigenous lands.
5. The Mining Act fails to ensure proper consultation with Indigenous communities or share the benefits of mining operations conducted on their lands. This lack of consultation and inadequate benefit-sharing mechanisms further infringes on the rights of the Isseneru community.
It is widely alleged that the People’s Progressive Party (PPP) regime has a history of controversial interactions with Indigenous peoples in Guyana. There is widespread criticism that the government engages with these communities primarily during election campaigns, seeking their votes without addressing long-standing issues. The IACHR’s findings underscore the systemic discrimination faced by Indigenous peoples, urging the government to adopt comprehensive measures for redress.
The IACHR’s recommendations are unequivocal. The PPP government must:
– Recognise and title the full extent of the Isseneru community’s ancestral lands.
– Provide comprehensive reparations, including compensation for material and non-material damages.
– Ensure proper healthcare services for those affected by environmental contamination.
– Implement environmental protections to prevent further degradation of the community’s land.
Furthermore, the IACHR insists on the need for the state to support the Isseneru community in preserving and protecting their environment, particularly against unauthorised mining activities.
As the Isseneru Village Council prepares to engage with government officials, the response from the authorities will be closely watched. The outcome will not only impact the Isseneru community but also set a precedent for the treatment of all Indigenous peoples in Guyana. This situation presents an opportunity for the Guyanese government to demonstrate its commitment to justice, equality, and the protection of human rights.
The eyes of the nation and the international community are now on Guyana, awaiting a response that will reflect our country’s dedication to rectifying historical injustices and fostering a more equitable society for all citizens.
