Summing-up of the main findings by Marcus
Colchester,
Director, Forest Peoples Programme
(Transcript of oral presentation made at the close of the Workshop)
“First I would like to say as one of the co-sponsors of this
meeting - and in response to one recommendation - that we at Forest Peoples Programme will try to implement the follow up process that has been proposed. However we would like to do so with the indigenous peoples’
organisations, like the Alliance, with us in a support role.
Some people have said that they thought this meeting should
have focused more on biodiversity. I must say that I thought that we were talking about biodiversity all the
time.
We only reach what we now call ‘biodiversity’ through our
ideas and through our societies. We regulate our activities through our
institutions.
What institutions effectively regulate biodiversity use for
the long term?
As we have heard, Indigenous Peoples live closest to many of
the major remaining areas of high biodiversity. It is their institutions which are thus closest to
biodiversity too.
Clearly, this meeting could have explored in more detail the
way these communities and institutions interact with ‘nature’ at the local
level on a day to day basis and there is a need for that. But local issues are
also part of a bigger picture which is what we have focused on during this
meeting.
So here is the bigger picture.
We have talked about how donors should give funds directly
to indigenous peoples to help them secure biodiversity by securing their rights
to land. This means helping them to map and claim their territories, to secure
their rights through appropriate titling and to gain recognition for their own
institutions so they can effectively own and control their lands and resources.
This means providing assistance to their organisations and communities to build
capacity, strengthen their institutions. It means providing holistic support -
not narrowly conceived sectoral assistance just for what we think of as
‘biodiversity management - but for more broadly for health, human rights, for
education.
We have said that wherever possible this funding should be
direct to indigenous communities or that we should strive to shorten the money
chain to limit the number of intermediaries between ‘donors’ and ‘recipients’..
If money is to be passed through NGOs then they must be made accountable to the
IPOs in whose name funds are raised. Indigenous peoples are asking for long
term support, for mutual accountability and two way leraning. Donors should
seek to learn from Indigenous Peoples and be accountable to them as well as the
reverse. Funding procedures should be simplified. One group also mentioned the
need to support action-oriented research.
We have also learned that these ‘projects’ cannot be ‘sustainable’ or ‘replicable’ without reforms
in current national processes. The main obstacles to securing indigenous
peoples’ rights come from national laws, national policies and national
institutions which do not recognise customary law and indigenous peoples’
rights. These national policies are themselves heavily influenced by
international aid, trade and investment. We have heard for example how mining
and oil exploration exert major pressures on national laws and policies and on
indigenous territories.
So indigenous peoples also need support to carry out
advocacy work to push for these reforms. They need to be able to engage in
national dialogues to make their demands and ideas known. Advocacy NGOs can
also help with this work. However the NGOs should work to support the
indigenous voice and not substitute for it. Achieving such reforms will require
alliances with broader social movements so that political space can be created
and laws, policies and insitutions changed.
We have also talked about how these local and bottom up
processes can be assisted by donors who work through governments. The diversity
of kinds of donors has been recognised as a potential source of strength. There
are possibilities for synergies between the ‘big donors’ and those which can
give support direct to the indigenous peoples.
For this intergovernmental ‘aid’ to work in support of
indigenous peoples there need to be changes in the way aid is given. There has
been a lot of discussion about the need
for effective donor coordination. A strong message from this meeting as that
donors should have policies on indigenous peoples. They also need mechanisms to
implement these policies: that means that staff should be given incentives to
apply them and the funds to implement them properly. To cover so-called
transaction costs. Additional funds or trust funds should be created to cover
these diverse costs.
These policies should be ‘mainstreamed’ - applied across the
whole portfolio of the agencies’ projects -so that they are not undoing with
one hand what they are doing with the other. This means that indigenous issues
should be included in the agencies ‘country strategies’ so that their whole project
portfolio is coherent.
Donors should thus support efforts to reform national laws,
policies and institutions to secure land rights and customary law. Indigenous
peoples should be involved in monitoring and evaluating projects which should
be elaborated using indigenous peoples’ knowledge so that the evaluation
criteria are relevant ones. Projects should be guided by the principle of prior
and informed consent. Measure should be introduced to regulate the private
sector to ensure that it respects inidgenous peoples’ rights.
There has been some nervousness about the word
‘conditionality’. This smacks of interference with countries sovereignty. But we should recall that most countries
have already agreed to operate to these standards through international
agreements. For example, most have ratified the Convention on Biodiversity,
which requires countries albeit ‘in the framework of national laws’ to secure
customary management of natural resources. Most have also ratified the major
human rights convenants which have been interpreted by the UN’s specialist
committees as conferring the same rights of indigenous peoples that are
conslidated in the draft declaration on the rights of indigenous peoples. In
this sense what is being advocated is that only that countries adhere to
treaties to which they are already party. There has also been a call to get all countries to ratify ILO Convention
169.
Let me finish by thanking you all. It has been a very
creative process and I feel good about the results.”
Marcus Colchester
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