FIRST PEOPLES WORLDWIDE
CORPORATE MONITOR
FEBRUARY 2014
Boycott of the UN World Conference on Indigenous Peoples
Indigenous leaders are planning to boycott the upcoming UN World Conference on Indigenous
Peoples, which is a "high-level plenary meeting of the UN General Assembly (UNGA)...to share
perspectives and best practices on the realization of the rights of Indigenous Peoples." The
conference, scheduled for September 2014, was originally going to be co-facilitated by an
Indigenous representative and a state representative of equal footings. In January 2014, at the
behest of pressures from several states (namely China, India, Indonesia, Malaysia, and Russia),
the President of the UNGA demoted the Indigenous co-facilitator to the role of an Indigenous
"advisor", and appointed a second state co-facilitator in his place. Without the full and equal
participation of Indigenous Peoples, Indigenous leaders fear that the states will use the
conference to undermine the principles set forth in the UN Declaration on the Rights of
Indigenous Peoples, and many are renouncing their plans to attend.
Sources: Indian Country Today
Slowdown in Recognition of Indigenous Peoples’ Rights
A new study by the Rights and Resources Initiative (RRI) reports drastic slowdowns in the
recognition of the rights of forest-dwelling Indigenous Peoples since 2008. Despite favorable
court rulings and positive commitments from governments and corporations, the area of
forests owned or designated for use by Indigenous communities increased by a smaller amount
between 2008 and 2013 than between 2002 and 2007, and the area of forests secured for
community ownership since 2008 is less than 20 percent of that secured in the previous six
years. Of 24 legal frameworks recognizing community forest tenure (taken from a sample of 27
countries), 18 were adopted between 2002 and 2007 and 6 were adopted between 2008 and
First Peoples Worldwide | 857 Leeland Rd Fredericksburg, VA 22405 | (540) 899-6545
2013. The language of the 6 recently-adopted frameworks is, overall, weaker than the
language of their predecessors. RRI attributes these statistics to “the global hunger for food,
fuel, water, and mineral wealth.”
The rights of forest-dwelling Indigenous Peoples are often surmounted by resource extraction
and industrial development, but it is important to avoid polarizing the issue in ways that depict
Indigenous Peoples as incongruent to the pursuit of food, water, and other basic necessities.
Indigenous worldviews emphasize sustainable interaction between humans and natural
resources, and communities need to be viewed by the private sector as partners and enablers,
rather than barriers to development.
Sources: Rights and Resources Institute, Voice of America
The Risks of Compliance
Recent court decisions in Guatemala and Papua New Guinea have jeopardized the fate of two
large-scale mines. In Guatemala, a court ruled that the results of a community referendum
regarding Tahoe Resource’s (TSE:THO) Escobal Mine would be legally binding. Because 98
percent of community members voted to oppose the mine, Tahoe’s exploration license is at risk
of being revoked. In Papua New Guinea, a court ordered the OK Tedi Mine to stop dumping
waste into the OK Tedi River. If implemented, the court’s verdict would effectively shut down
the mine because it has nowhere else to dump the waste. The mine is majority owned by the
Papua New Guinea Sustainable Development Program (PNGSDP), but much of its
environmental damages are associated with its previous owner, BHP Billiton (ASE:BHP).
When companies do not positively engage with communities, they place inordinate amounts of
faith in the hands of the courts, where decisions regarding Indigenous Peoples are highly
unpredictable and can sink projects worth billions of dollars. These decisions can be especially
devastating to smaller companies with fewer holdings, such as Tahoe and PNGSDP.
Sources: MiningWatch Canada, Cultural Survival, Australia Plus
First Peoples Worldwide | 857 Leeland Rd Fredericksburg, VA 22405 | (540) 899-6545
Foundation for Win-Win Development in Colombia
In February 2014, Repsol Oil (MCE:REP) signed an agreement with the UN Development
Program (UNDP) “focused on improving living conditions and contributing to the development
of communities living in Repsol's area of influence” in the Guajira Peninsula of northern
Colombia. The agreement, which is the first of its kind globally, commits Repsol to developing a
Community Benefits Plan (CBP) for the Wayuu Peoples, in accordance with the principles of the
UNDP. More than sixty Wayuu leaders attended the signing of the agreement, and they will
soon begin discussions with Repsol about improving access to drinking water in their
communities.
According to Repsol, “the communities in these areas…specifically asked to participate in the
CBP; both the Wayuu Peoples and Repsol see that collaborating together with the UNDP is a
unique opportunity to take advantage of its expertise in such programmes.” The Colombian
government has also endorsed the agreement, laying a strong foundation for win-win
development that benefits all parties.
Sources: Wall Street Transcript
Panamanian Communities Threatened with Eviction
Ngöbe communities of western Panama are being threatened with eviction to make way for the
Barro Blanco Hydroelectric Dam in the Tabasara River. They have established a series of
blockades to halt the dam’s construction, which will destroy their fisheries, their farmlands, and
their spiritual lifeblood. The Panamanian government has warned the communities to disband
the blockades and, given the history of the dam and the surrounding region, the situation is at
high risk of turning violent.
The dam is being constructed by Genisa, a Honduran-owned energy company, and is being
financed by the Netherlands Development Finance Company (FMO), the German Investment
Corporation (DEG), and the Central American Bank for Economic Integration. As hydroelectric
projects become increasingly associated with local conflicts, development banks will probably
First Peoples Worldwide | 857 Leeland Rd Fredericksburg, VA 22405 | (540) 899-6545
become increasingly deterred from supporting them. In January 2014, the US Congress passed
approved an omnibus appropriations bill that requires the World Bank’s US board member to
vote against financing for any hydroelectric projects.
Sources: Indigenous Peoples Issues and Resources, Washington Post
US Congress Takes Steps to Mitigates Land Grabs in Ethiopia
The US Congress is also taking steps to ensure that international development funds are not
supporting projects connected to land grabs in the Gambella and Lower Omo regions of
Ethiopia. As a major provider of bilateral aid to the country, the US risks association with the
Ethiopian government’s sweeping disregard for Indigenous land rights. In July 2013, The
Oakland Institute released a report alleging that the Ethiopian government’s “villagization”
(forced relocation) of the Dizi, Suri, Bodi, Kwegu, Mursi, Mugudji, Karo, Nyangatom, Murle, and
Dassanach Peoples is being financed by the US Agency for International Development and the
UK Department for International Development.
Sources: Oakland Institute, IRIN, Inclusive Development
Lawsuit Brings Uncertainty to Jumbo Glacier Resort
The Ktunaxa Nation is taking legal action against the Jumbo Glacier Resort, a ski resort poised
for development in the Purcell Mountains of southeastern British Columbia. The resort would
be constructed upon Qat'muk, which is the gathering place of Grizzly Bear Spirits and a vital
component of Ktunaxa cultural heritage. The court's decision is not expected for another
month, and construction is reportedly stalled as potential investors withhold financing due to
the legal limbo. Even if the court allows the project to move forward, the holdup will prevent
construction from being completed in time for the 2014 ski season, thus hindering returns from
its first year of operations.
Although tourism is often highlighted as being compatible with Indigenous Peoples, there are
sometimes conflicting approaches to tourism development between communities and the
industry. In these instances, the tourism industry is just as vulnerable to the risks of community
First Peoples Worldwide | 857 Leeland Rd Fredericksburg, VA 22405 | (540) 899-6545
opposition as other industries, and should be held to the same standards of community
engagement.
Sources: Globe and Mail
The Complexities of Indigenous Leadership
In February 2014, the Indigenous community of Balatoc successfully halted the activities of
Farratuk Mining (a subsidiary of Carrascal Nickel Corporation) in the Kalinga province of the
Philippines. The Philippines’ National Commission on Indigenous Peoples affirmed the
community’s authority over its territories, and negated the company’s allegations that Victor
Gumisa, who led the community’s resistance to the mine, was not a legitimate community
leader. Gumisa is reportedly recognized as a leader both by custom and by documentation, and
the company is now being criticized for attempting to “trifle” with the community’s governance
structures.
Indigenous community leadership can be complex, and decision-making powers are sometimes
split among various official and unofficial authorities. Companies should never ignore and/or
downplay the authority of legitimate community leaders simply because they do not support
their operations; doing so perpetuates centuries-old patterns of external manipulation and
interference. Instead, companies should focus on working within communities’ existing
governance structures and promoting inclusiveness to develop solutions that are agreeable to
all parties.
Sources: Indigenous Voices in Asia
First Peoples Worldwide | 857 Leeland Rd Fredericksburg, VA 22405 | (540) 899-6545