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Independent review process proposed to the EIR on
'Indigenous Peoples, Extractive Industries and the World Bank

February 2002

 

Below is the text of an e-mail sent to interested parties by Dr Marcus Colchester, Director, Forest Peoples Programme, requesting comments on the proposed independent review process. Click here for the Terms of Reference of this review. 


Date: Tue, 26 Feb 2002
From: Marcus Colchester <marcus@forestpeoples.org;
Subject: Focused research on IPs for EIR

Dear Friends,

As a means of ensuring that the Extractive Industries Review focuses adequately on the rights and interests of Indigenous Peoples, the TebTebba Foundation and Forest Peoples Programme have proposed to the Eminent Person that the EIR should sponsor a special, independent review process to look specifically at the theme of 'Indigenous Peoples, Extractive Industries and the World Bank'.

The aim is to ensure that the demands and views of Indigenous Peoples with regard to the Extractive Industries, and the World Bank's engagement with them, are adequately represented to the EIR based on the presentation of the actual experience of indigenous peoples by the peoples' themselves. To facilitate this process we have proposed  a process somewhat similar to that carried out for the World Commission on Dams, whereby indigenous peoples will be invited to write up their own experiences of the World Bank's involvement in the Oil, Mining and Gas sectors and then present and discuss these findings to the EIR at a larger conference to include Indigenous Peoples and other interest groups. At the conference emphasis will be placed on hearing and recording indigenous peoples views and recommendations about how and according to what standards the World Bank and the Extractive Industries should interact with indigenous peoples when considering oil, mining and gas projects which may affect indigenous peoples' territories, resources or interests.

Email surveys, a literature review, interviews and the drafting of a synthesis paper will also be carried out to complement the case studies and document the conference.

Yesterday (25 Febuary 2002) the EIR officially confirmed that it would indeed sponsor this process (and support it with 50% funding). The full realisation of the proposal (attached)  will therefore require additional funding to go ahead in the full form envisaged.

This preliminary circular is just to alert to these developments but additional information will be circulated once we have more details and co-funding is secured. Meantime we invite your comments especially with regard to any indigenous peoples' organisations which may be interested to present their experiences as 'case studies' to the process.

French and Spanish versions of this information will be issued in due course once translation has been done.

Best wishes

Marcus

Dr. Marcus Colchester
Director
Forest Peoples Programme
Email: marcus@forestpeoples.org
 

INDIGENOUS PEOPLES, EXTRACTIVE INDUSTRIES
AND THE WORLD BANK

AN INDEPENDENT PARTICIPATORY REVIEW

To be carried out by
TebTebba Foundation and Forest Peoples Programme

Terms of Reference

As part of the focused research being independently contracted by the ‘Extractive Industry Review’, the EIR is contracting, jointly, the TebTebba Foundation, an Indigenous Peoples International Centre for Policy Research and Education in the Philippines, and the Forest Peoples Programme, a UK-based NGO, to carry out an independent, participatory thematic review on the theme of ‘Indigenous Peoples, Extractive Industries and the World Bank’. The work will be assisted by the NGO PIPLinks, which is also based in the UK.

The aims of the process are to:

q     assess the experience of indigenous peoples with World Bank-financed projects and policy interventions in the oil, gas and mining sectors

q     promote a direct dialogue between World Bank operational staff, the extractive industries and indigenous peoples spokespersons

q     develop concrete recommendations for the World Bank, specifically with regard to indigenous peoples, in respect of future engagement in the oil, gas and mining sector

Under this process the contractees will:

q     gather relevant indigenous experiences and recommendations through an email consultation

q     sub-contract indigenous peoples' organisations to write up five to seven 'case studies' outlining their experience with World Bank-financed activities in the sector. These would be selected to include cases from all three industries - oil, gas and mining - and preferably would include operations of all the main parts of the World Bank Group. Case studies would be selected from the following main regions: Latin America, Africa, South Asia, South East Asia, Pacific, Russian Federation.

q     carry out a detailed literature review on the theme.

q     draft a synthesis paper, which would include the findings from the email consultation, the literature review and the case studies

q     hold an international workshop at which the case studies and synthesis paper would be presented and discussed with the participation of other indigenous spokespersons, representatives of the extractive industries, the World Bank and the Eminent Person and other advisers to the EIR.

q     present a final report, which will take into account the issues raised in the international workshop and which will include: the case study papers; the synthesis paper; the recommendations made by indigenous peoples to the EIR.

Plan of activities and schedule (dates are tentative as full funding is not yet secured):

Outputs:

q       7 case studies of indigenous peoples’ experiences with World Bank operations in the mining, oil and gas sectors

q       Synthesis paper of global experiences of indigenous peoples with World Bank operations in Mining, Oil and Gas sectors, including the findings from the email consultation, the literature review and the case studies

q       Summary proceedings of the international workshop with list of participants

q       Indigenous Peoples’ recommendations drawn from the international workshop

Inputs

Coordinators : Joji Carino and Vicky Tauli Corpuz of the TebTebba Foundation will oversee the overall project. They will devote the equivalent of 30 days work each to the project. This will include overseeing:

-          the selection of the case studies for the research

-          facilitating the email consultation

-          advising on the content of the literature review and synthesis papers

-          the issue of invitations to the international workshop

-          ensure the co-chairing of the international workshop

-          facilitating the final recommendations to emerge from the process

-          revising the final report to be submitted to the Eminent Person

Synthesis Paper authors : Marcus Colchester of the Forest Peoples Programme and Geoff Nettleton of PIPlinks. They will devote the equivalent of 30 days work each to the project. This will include:

-          advising on the form and content of the case studies

-          carrying out the literature review

-          drafting and revising the synthesis paper

-          commenting on and editing draft case study reports

-          acting as rapporteurs for the international workshop

-          drafting the final recommendations from the workshop

Administration: Louise Henson of the Forest Peoples Programme will oversee the logistical aspects of the project. She will have responsibility for:

-          accounting for all monies spent

-          sub-contracting case study authors

-          overseeing travel arrangements

-          overseeing the logistics for the international workshop

-          contracting translators and interpreters

Participating organizations:

Tebtebba Foundation: Tebtebba Foundation, the Indigenous Peoples' International Centre for Policy Research and Education, was established in 1996. Tebtebba, "discourse" from the Philippine indigenous Kankanaey dialect, is firmly committed to the recognition, protection and promotion of indigenous peoples' rights worldwide.

Tebtebba's main thrust is to help build the capacity of indigenous peoples to assert their rights and articulate their own analyses and perspectives on issues directly affecting them.

To support its advocacy work, Tebtebba conducts research on issues and policies that directly impact on indigenous peoples.

Its advocacy work is aimed at influencing United Nations processes as they affect indigenous peoples rights; monitoring the World Trade Organization, the multilateral financial institutions like the World Bank and the International Monetary Fund,  the UN Convention on Biological Diversity (CBD) and other multilateral bodies.

Part of its capacity-building program includes holding trainings and workshops for indigenous leaders and providing consultancy services for indigenous peoples' organizations and movements.

In order for indigenous peoples to be informed of developments that affect them and for indigenous peoples views and perspectives to be popularized, Tebtebba comes up with several regular and special publications.

Tebtebba Foundation was  recognised by ECOSOC in May 2001. 

Its programme areas are: 

·        Networking, Advocacy and Campaigns -  Tebtebba Foundation is Coordinating  the Indigenous Peoples Caucus under the UN Commission on Sustainable Development (UNCSD), including preparations for World Summit on Sustainable Development;

·        Research and Documentation - Publications include Indigenous Perspectives (bi-annual Journal, and Tebtebba Magazine (quarterly publication), Briefing Papers and Special Reports;

·        Gender Unit - including co-ordination of the Asian Indigenous Women's Network;

·        Library and Resource Centre;

·        Capacity Building programmes in Chittagong Hill Tracts and Philippines;

·        Special Projects -  International Conference on Indigenous Peoples and Conflict (December 2000).

International Advisory Council (IAC)

The International Advisory Council (IAC) of Tebtebba Foundation is composed of distinguished leaders of indigenous peoples and advocates. The IAC sets the Foundation's orientation, direction and general program.

The members of the IAC are the following:

Rigoberta Menchu-Tum
Nobel Peace Prize Laureate
UN Ambassador of Goodwill for the International Decade of the World's Indigenous Peoples, Maya (Guatemala)

Winona La Duke
President, Indigenous Women's Network, Anishinabe (USA)

Harisson Ngau
Director, Borneo Resources Institute, Kayan (Malaysia)

Ole Henrik Magga
Former President, Sami Parliament, Saami (Samiland, Norway)

Moana Jackson
Director, Maori Legal Services, Maori (Aotearoa/New Zealand)

Don Augusto Willemsen Diaz
Former Deputy Procurator for Human Rights (Guatemala)

Martin Khor
Director, Third World Network (Malaysia)

Rajkumari Chandra Kalindi Roy
Former Expert, Indigenous and Tribal Peoples Project, International Labour Organization Chakma (Chittagong Hill Tracts, Bangladesh)

Victoria Tauli-Corpuz
Executive Director, Tebtebba Foundation, Ex-officio member, Kankana-ey (Philippines)

Forest Peoples Programme is an NGO, established in 1990 by the World Rainforest Movement, specifically to work with forest peoples in their struggle to survive the global forest crisis. It is registered as a non-profit organisation under Dutch law and the UK tax authorities. FPP produces detailed documentation about its work, reports, articles, action alerts, press releases and briefing papers.

The Forest Peoples Programme (FPP) supports forest peoples in their struggle to control the use of their lands and resources. FPP works to put human rights issues at the heart of the debate about forests. FPP helps to create space for forest peoples to negotiate their demands through their own representative institutions and to determine their own futures. FPP supports forest peoples to develop sustainable activities, which enhance their dignity and the protection of the environment. 

AIMS:

q       To help establish an effective global movement of forest peoples

q       To promote the rights and interests of forest peoples in environmental and human rights circles

q       To coordinate support among environmental organisations  for forest peoples' visions

q       To counter top-down projects which deprive local peoples of resources

q       To support community-based, sustainable forest management

ACTIVITIES:

q       Supporting grass-roots organisations

q       FPP provides technical, fund-raising, capacity-building and policy advice to local forest communities and indigenous peoples, and works closely with the International Alliance of Indigenous and Tribal Peoples of the Tropical Forests.

q       NGO Networking 

q       FPP helps to coordinate the positions taken by  NGOs on international forest policy. FPP is the northern office of the World Rainforest Movement.

q       International Advocacy  

q       FPP carries out research, analysis, and advocacy to ensure that the rights of forest peoples  are central to the  development of policy  at national and international level. 

q       Publications

q       FPP publishes authoritative studies on the situation of forest peoples, in English, French and Spanish.

Through these activities FPP helps forest peoples participate directly in the following processes so that their voices are heard by decision-makers and their rights are placed at the centre of emerging environmental standards.

CURRENT AREAS OF WORK:

International Forest Policy

q       FPP is actively involved in various international processes set up to curb deforestation and loss of biodiversity, such as the UN's (CSD) Intergovernmental Forum on Forests, and the Convention on Biological Diversity.

Conservation and forest peoples

q       Many indigenous peoples live in areas of high biodiversity and so are inevitably affected by conservation programmes. FPP challenges conservation projects which are imposed on local people and do not recognise their land rights, and promotes dialogue between local peoples' representatives and conservation bodies.

International Financial Institutions

q       FPP tracks the policies on indigenous peoples and forests drawn up by the World Bank, the development banks and the Global Environment Facility  and presses  for concrete changes to their policies and programmes to ensure that local communities have a decisive voice in future projects.

World Trade

q       FPP tracks international agreements such as the General Agreement on Tariffs and Trade  (GATT) and the World Trade Organisation (WTO), which promote international trade, but which undermine countries' environmental and social standards.

Capacity building

q       FPP helps forest peoples organisations build up their capacity to promote community development, defend their rights and participate in national and international policy making.

Corporate Sector

q       FPP researches environmentally and socially damaging industrial enterprises such as mining, logging, tree plantations and aquaculture, and documents their impacts on forests  and local communities.

Local Struggles

q       FPP supports forest communities' struggles against destructive development projects and calls for forest peoples' rights to be incorporated into initiatives for regulating big business, such as national laws, codes of conduct, third-party certification and ethical investment.

Community-based forest management

q       FPP promotes community-based forest management as an alternative to industrial forest exploitation and analyses the internal and external political obstacles to community resource management in order to argue for reforms in favour of forest peoples.

Land rights

q       FPP carries out participatory projects with forest peoples' communities to map and demarcate their territories and so define legal land ownership and secure traditional systems of resource use.

`Intellectual Property Rights'

q       FPP researches the options open to forest peoples to protect their traditional medicines and cultural heritage from unfair exploitation by commercial agencies.



Philippine Indigenous Peoples Links (PIPLinks):

HISTORY

PIPLinks was established in 1991, (then as Cordillera Links), as an initiative of Cordillera-based Indigenous to strengthen their capacity for international outreach, networking, education and representation. In 1997 the name was changed to reflect the increased support and cooperation with Indigenous Peoples organisations across the Philippines.

AIMS

Philippine Indigenous Peoples Links (PIPLinks) is a human rights working for the full recognition and respect of Indigenous Peoples rights.

PIPLinks provides information and support for indigenous organisations in relating with governments, international institutions, corporations or other bodies affecting their lands and future.

PIPLinks helps indigenous peoples participate directly in international processes affecting their lands and future so that their voices are heard by decision-makers and their rights and concerns are placed at the centre of debates.

 PIPLinks conducts education programmes about indigenous peoples  and  trainings in international work for indigenous leaders.

PROGRAMME ACTIVITIES

1.      Supporting indigenous peoples organisations and other mines affected communities throughout the Philippines and beyond through information, campaigns and policy advice

2.      Networking with indigenous organisations and local project-affected communities and NGOs worldwide.

3.      International Advocacy in cooperation with indigenous organisations 

4.      Research, analysis, and advocacy in support of Indigenous Peoples organisations and the promotion of Indigenous Peoples rights.

5.      Publications , exhibitions and production of audio visual materials

6.      PIPLinks conducts education activities, holds seminars, and produces educational materials.

7.      PIPLinks works closely with overseas populations of Philippine Indigenous Peoples

PAST ACTIVITIES

PIPLinks has considerable experience in the organising of international conferences, meetings, dialogue sessions and tours.

As part of the Minewatch network, PIPLinks worked with:

-  the World Council of Churches in organising the first international consultation of indigenous peoples on mining in London (1996),

-  The Women Workers Programme, Baguio City in organizing  the First Women in Mining Conference held in the Philippines (1997).

PIPLinks was one of the organizers of the international seminar “Communities addressing the corporate challenge: the case of mining.” London  (2001)

PIPLinks also cooperated in the organising of the UN High Commission for Human Rights seminar on “Indigenous Peoples, Private Sector Natural Resource, Energy and Mining Companies and Human Rights.” Geneva, December 2000

CURRENT WORK

Monitoring and responding to the impacts of “Development Aggression” upon ancestral lands.

Focus on Impacts of mining, the relationship between indigenous mining companies and necessary standards. Conduct of research on mining. PIPlinks in cooperation with groups in the Philippines is organising a national consultation on these issues. PIPLinks is also servicing a growing international network of mines affected indigenous communities and groups.

Focus on dams. Including follow up on the World Commission on Dams and the implementation of its findings. Monitoring of current proposed dams. Participation inb SE Asian regional network.

Focus on International Aid programmes including European Union Aid. Participation in Europe wide conference 2002.

Focus on Protected areas and related indigenous land rights issues.

Focus on Promotion of the recognition and respect of land rights.

Production of photographic and education materials on the impacts of mining, dams.

Production of a CD on the contrasting values and spirituality of some Indigenous partners and corporate and government developers.

 

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