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ILO Convention 169 (Part V) Regulation

Irmalicia by Velásquez Nimatuj
elPeriódico (28 Tues 11)

Today, in the Hall of the People's Congress, the 14:00 pm, Deputy Otilia Lux de Coti has summoned the Minister of Labour and Social Welfare, Mario Roberto Illescas Aguirre, to explain the process used in developing the proposed regulation of Convention 169 of the International Labour ILO. And procedures that from February 24, the date when President Alvaro Colom presented, are being used to refer to all indigenous peoples.

timely opportunity to inquire of the Minister of Labour who has the voice and action of the State of Guatemala against the ILO, to explain directly, detailed and documented what are the reasons why the government of Colombia, just as agonizing and after three years of continuous prolonged use of indigenous exclusion, through the sarcastic repetitive figure that would put "a government with a Mayan face," decides to seal the negotiations that has kept secretly with extractive companies, investors and foreign. Launching so aggrieved, arbitrary, malicious and in order to deliver the last remaining land to indigenous and mestizo poor, where there is gold, nickel, oil, water and other resources, regulation of the right to consultation and participation of indigenous embodied in Article 6. Right, experts say, is the cornerstone of Convention 169, on which underpins all other provisions and that this regulation, the State and companies seeking to dilute?

Minister needs to clarify why the Presidential Commission that drafted the proposal worked for 9 months in hiding, only in communication with representatives of agencies, institutions and organizations, without the rest from various sectors that are most , knew of its existence? Besides explaining why driving the strategy of putting pressure on organizations that if they do not agree to develop a counterproposal when knows that there is trust among the stakeholders?

There is a long list of questions, but should not be left out those related to the conceptual frameworks used to define, query, binding, administrative and regulatory measures, resource exploitation, collective rights and the right to veto.

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ILO Convention 169 (Part IV)

Irmalicia by Velásquez
elPeriódico (21 Mar 11)

The 2-page letter, which precedes the proposed regulation of Convention 169 and signing the Minister of Labour and Social Welfare, Mario Roberto Illescas Aguirre, said that President Alvaro Colom "decide in May, two thousand ten, forming a Presidential Commission for the preparation of a regulation of Indigenous Peoples Consultation. "And in footnote # 4, explains that the Commission" is comprised of: Ministry of Labour and Social Affairs Ministry Specific Presidency, Presidential Commission Coordinating Executive Policy in the Field of Human Rights COPREDEH Commission of Indigenous Peoples of the Presidency, Ministry of Foreign Affairs and the National Permanent Dialogue. "

The point is that never was made public the existence of the Presidential Commission, or its members. Neither knew the agenda, or the methodology to construct the proposed regulation. The letter says that a member of the Commission of Indigenous Peoples of the presidency but who are indigenous men and women that make up that committee? Who appointed them? Are private advisers of the President? Or representatives of State bodies have a responsibility to address the implementation of indigenous rights as FODIGUA, ALMG CODISRA, ODIRSA, Demi, DIGEBI, among others? Or are they small group of representatives of indigenous organizations related to the President?

The problem is not there this Commission, a Government has the right to establish such committees as it deems necessary, the problem is what is sought to regulate, that is the right query to get the consent of indigenous communities for the installation of mega-projects on their land, therefore, not appropriate for use as a front for a commission of indigenous related because are critical, or present different national settings against the approval or disapproval of such an instrument, given the history of structural issues that pulls the country.

The question is also for the indigenous people who lend themselves to this maneuver, because they play the role of indigenous people who occupy recyclable because placed or manage to place, but do not represent, nor influence in the communities. Are indigenous perverse puppets of the system, showing how fragile ethnic loyalty when it comes to defending the interests of rural communities.

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Does being forced to be poor Indian? Propose

by Roberto Gutierrez
elPeriódico (24 Tues 11)

has final come to believe as well that being Indian is being poor, thereby condemning the ethnic, as if to blame culture poverty. This we hear and read in reports varied, from those developed by international agencies, through newspaper articles and comments "loose." It is commonly said that poverty is rural and indigenous face. The message is usually done think that forces being indigenous poverty.

Lo rural poverty it is causal, as you can easily check to see that the Indians who live in the departmental capital or not everyone is poor, nor those from the United States send remittances to their local family. See, for example, that in the Capital there are only 16 percent of the poor, and this percent is whites and Indians alike. And among non-urban poor, indigenous and Ladino find, but again ethnicity is what defines the level of family income. We can say the city of Quetzaltenango and other towns. It is very revealing in this respect as Almolonga cases or Zunil, whose families have achieved significant levels of income, so much so that virtually no one of these municipalities have had to migrate in search of opportunities outside their community. Moreover, there are municipalities "very Ladino" and also very poor, such as the east, and even some of the West.

As we know, most indigenous people live in rural areas, and it is proven that it is synonymous with the rural poverty and neglect. Our country is still very ruralized, and the reality in most of the rest of the world indicates that urbanization has been instrumental in facilitating wealth creation and opportunities. In rural areas in Guatemala more than 20 000 human settlements, including landscapes, villages and hamlets, and this makes it extremely difficult in terms of logistics and supply resources to those settlements with basic services that help to get out of poverty for families, including education, health, training, infrastructure and above all, productive investments that create jobs or self-employment facilitators. The output in other countries have found this is to strengthen intermediate cities intricacies to "absorb" a humane manner and with insertion opportunities for inhabitants of rural areas. In Guatemala has not promoted the development of intermediate cities, which should be through a management plan of the national territory, the development of communications infrastructure, and promotion of productive investments.

Returning to the subject matter, to accept that indigenous is equivalent to poor, devalued ethnic and indigenous culture, taking it as the cause of poverty, and is quite the opposite, because the Indian is hardworking, intelligent and brave, and Guatemala has with thousands of indigenous resources and education level. Quetzaltenango is again an example, where today most college graduates practicing in virtually all careers are persons belonging to indigenous ethnic Quiche.

be worth doing a study on the poverty situation of indigenous people living in the capital city and in the departmental capitals to better clarify the matter discussed in this article.

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PrensaLibre.com

The Nobel Peace Prize for 1992 proposed to implement programs of higher education in multicultural context, with the participation of indigenous peoples.

Guatemalan activist made his presentation at the Centro Cultural Universitario de la Universidad Autónoma de Nuevo León (UANL), Mexico, where it held that "the challenge is how to leap into their quality of life (indigenous youth)."

Menchú Tum is considered not enough training programs "are also racist," now "is urgent need to provide opportunities."

In this regard, proposed to the rector de la UANL, Ancer Jesus Rodriguez, a program of higher education in multicultural context, where the indigenous community to participate.

"If they do well, critiquémosle to the fullest extent because we are treating you well, still there are minds in Latin America and lamented that indigenous peoples have concrete houses and consider why they are no longer indigenous" said.

His dream is to open a university Maya

Menchú, with more than 20 honorary doctorates, he related his dream of opening the Mayan University in Guatemala.

further stressed that the system maintained by indigenous peoples in Central America is solid and has passed all tests.

The academic and activist urged those who have power of leadership to propose a real alternative to the dignity of indigenous peoples.

"Fight for the deep respect that any citizen gives his side an Indian, not just the Nobel Prize, I know I am respected as the Nobel Prize, but when questioned ...", Menchú.

Criminalization of Indigenous Peoples

"There is a strong criminalization of indigenous peoples wherever they are and is something we can not tolerate," said the Guatemalan leader.

The Nobel Prize highlighted the importance of education, which means as a way of salvation, and urged young people to participate in these processes, "to educate in many ways is what we must address the crisis," he said.

"I invite new processes led to the common sense to me young people are the most important repositories of common sense, be encouraged to participate, take your seat" he said.

Rodriguez gave the chancellor activist Flame Award, Life and Women in the area of \u200b\u200bInternational Relations, in recognition of his advocacy of human rights, especially the indigenous people of their country.

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Regulation Consultation ILO Convention 169 (Part III)

Irmalicia by Velásquez Nimatuj
elPeriodico (14 Mar 11)

The strategy of President Alvaro Colom to establish 30 working days from 24 February to 6 April, for the indigenous peoples of Guatemala, more than 6 million people, raised in writing his "comments and observations" to the proposed regulation of Convention 169 is a gross manipulation than just calls actors who have access to the proposal because they speak and read Castilian, but leaves out the majority indigenous, rural and illiterate. This is not a participatory process but on the contrary, the Indians placed against the wall to accept the rules that defends the interests of operators of non-renewable resources in indigenous territories.

This government has been characterized by failure to promote honest and participatory dialogue with indigenous sectors, although discursively otherwise. If the Government seeks to build a comprehensive dialogue, first, had consulted the communities living in or around mining projects and, second, to other communities or mestizo who have resources and are slated to be awarded to applicants. So 30 days is set to impose the regulation, which will only make cosmetic changes, reducing the query to a blatant excuse. What the Executive and is to pressure companies seeking some indigenous organizations to accept the proposal or develop a counter running at the end of which take one or two points and thus achieve its objective: to deliver much of the indigenous territories extractive companies .

Unfortunately, pressure on the Indians to build a counter in this context is also the position of reporter James Anaya and the International Work. This shows that the international instruments on human rights and do not conform to the reality of peoples.

same thing happened in September 2002 when the law passed under pressure against Discrimination. The argument was that it was the most that could be achieved and that the Indians should accept it. And there is the general law difficult to apply and does little to punish the Indians or repair the structural racism.

approve regulations for consultation, without consulting the people directly concerned, is to mock them, continue to violate their rights and continue to deliver nationwide.

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right to consultation

by Frank La Rue
Prensa Libre (10 Tues 11)

When ladiscusión began in Geneva on economic, social and cultural rights, was made from the claims of minority social groups and people in general and indigenous peoples in particular. The purpose was to ensure that all sectors of the population, particularly the most vulnerable, have equal exercise of their rights and access to meet their basic needs. Many states were opposed to recognition of these rights, arguing that human rights are for "individual."

The United Nations declaration on rights Indians took 10 years before being approved by the GA, December 10, 2007.

All peoples have rights as such and also have the right to defend their culture and identity, sovereignty and interests. The fourth article of the declaration states that "indigenous peoples in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs ...."

In 1989, the ILO took the initiative and proposed to the states the Convention 169 on Indigenous and Tribal Peoples. This agreement aims to "consultation mechanism" that article 6.a states "consult the peoples concerned through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly."

The purpose of the consultation was, first, to prevent arbitrary decisions are taken that will damage the interests of a people and their communities. In particular, safety, health and economic development, including the seizure of lands and natural resources and destruction or pollution.

Secondly intended to give a people the chance to meet, discuss, decide and negotiate protection demanding, and seeking benefits.

The consultation, rather than promoting a simple yes or no, seeks to create the obligation of national and local government to inform the community to make available all relevant assessments and studies of risk and financial information and create a table negotiation between the people's representatives and stakeholders, as well as listen and accept their positions, even if these are legitimate to reject the project.

The representation of people it can not be attributed to a local authority, nor is it correct that, as an ILO convention, is thought to be responsible for consulting the Ministry of Labour or the Central Government or that it can determine at will the "rules" or impose a "regulation" as it wants to make the current government. The video

recently, the UN Special Rapporteur on Indigenous Peoples Rights reaffirmed that the issue of consultation with indigenous peoples has acquired special relevance in the current context.

Remember that to build the hydroelectric Chixoy were massacres like the Black River, to move people from the area, and that the project was never planned social economic benefits for the population living near the reservoir. Similarly

won the award Montana mining towns of San Marcos, that really leaves nothing to the country at a time when the gold price is at the highest international level.

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Indigenous peoples Regulation Consultation

by Edgar Gutiérrez
elPeriódico (10 Tues 11)

Since the early nineties of last century, liberal economists my friends told me how to give sustainability to fiscal policy was to broaden the base tax. That is, the thousands and thousands of traders that are not taxed (so-called "informal"), were recorded in what is now known as the SAT, with their rates.

At that time I said that I thought well, since it is a necessary step in building a modern state, especially because people who apparently is not taxed to the State if "tribute" to the Mafia (sometimes represented as a state). This is how you strengthen and multiply the parallel structures and mafia networks that now frighten us, to the point of leaving us without viability as a country in the local community and, by extension, the community of civilizations century. Friends

Other economists, Keynesians, argued however, since then, that the tax system (I say, also tax) was regressive and therefore had to make the most won, pay proportionately more. As a principle I am aligned with this thesis.

But I agreed with liberal friends, which seemed more practical, but above all for an implied condition and not assumed as a political task from the other side, that of the Keynesians: we must broaden the base of societies civil society in the sense that Marx spoke: the society of capital.

must return capitalist society and that can only be done through a thorough reform. I am convinced that the best alliance of prosperous capitalism in this country are indigenous peoples. I do not understand what they see as a problem, and not as a solution.
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to the reform, including land reform, but is frustrated. Two generations later, the CIA, who coordinated the operation of sabotage, asked an independent historian, Nicholas Cullather, tell them what went wrong with Arbenz, and this they said in their report with a quote from a Department official State, he interviewed in 1981: "What I'd give to have an Arbenz now. We'll have to invent one, but all candidates are dead. "

Reform is an issue that has been present in military and civilian leaders from the sixties, but they do, either because of poor strategy or excessive personal interests or group in the gain of the reform.

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solution ILO Convention 169 (Part II)

Irmalicia by Velásquez Nimatuj
elPeriodico (07 Tues 11)

Continuing with the analysis of the presentation of the draft "Regulations for the Consultation process of Convention 169 of the International Labour Organization (ILO ) concerning Indigenous and Tribal Peoples in Independent Countries "by President Alvaro Colom, read with disappointment that the second section entitled" Background "is composed of a single paragraph, in which half is a copy of a quotation, not you understand why they placed there. In other words, is out of context. In this space, we would expect to find at least an excellent summary of the global debate around the major positions on international standards in consultation with indigenous peoples has been generated since 1989, when the General Conference of ILO adopted the Convention 169.

Moreover, this was briefly put aside for national background displayed on the one hand, what was the role played by the State to enforce the law Consultation held by indigenous peoples, which have been the limits or inactions against the exercise of this right from the C169 was ratified in 1996 and added there other international instruments that guarantee the same right. On the other hand, to show how indigenous peoples have sought for the means available to enforce this right. What were the implications, costs, limits and scope of their collective actions in different regions of the country and address the State's decisions to authorize or licenses mega companies that have installed or have sought to settle in territories without consultation. The section on "Background" was warranted in an annex the exemplification of some specific cases that should be selected from the consultations held in the departments of Huehuetenango, San Marcos, Quetzaltenango and Quiché. Also

Thus, the third paragraph, the "Legality" is poor. Without being a lawyer who drew up meeting in three paragraphs, a glib and not very important, which raised the prevalence of substantive law on an adjectival law and that are supported to express that drafted a regulation rather than a law. But, among other things, why leave out the discussion about the complementarity between legal provisions for the exercise of rights?

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James Anaya, "should be consulted indigenous" peoples

James Anaya, Special Rapporteur of the United Nations yesterday submitted its report on the lack of consultation with indigenous peoples in relation to mining and other activities in their territories ancestral.

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In all countries there are conflicts similar to this case of indigenous peoples in the Brazilian Amazon.