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9月11日

Amerindian Act

The New Amerindian Act | 1

2 | The New Amerindian Act

INTRODUCTION

There is broad consensus that the 1951 Amerindian

Act Cap:29:01 is outdated and does not address

the needs of Amerindian communities. The

Government of Guyana shares the same view and

began the process to revise the Act approximately

three (3) years ago. Adequate financial and other

resources were provided to ensure that the

communities participate fully in this exercise.

Consultations were held throughout Guyana on

what new laws should be enacted in the interest of

Amerindian development. Virtually, every

Amerindian community provided

recommendations and these were all carefully

considered by Government. A draft new

Amerindian Act was prepared on the basis of the

communities’ submissions. The draft Act was

then taken to the communities and all Toshaos

were invited to further meetings to submit their

communities’ recommendations (if any). Other

interested stakeholders were also invited to

participate. The Government accepted the

majority of the recommendations offered by the

Amerindian communities.

It should be noted that communities made a

wide variety of recommendations. Some of

these could not be accepted because they were

2 | The New Amerindian Act

The New Amerindian Act | 3

unconstitutional or because they did not have

broad community support.

In early August 2005, the Amerindian Bill (new

Amerindian Act) was presented in Parliament and

was subsequently debated on the 20

th October

2005. It will now be considered by a Parliamentary

Select Committee.

There has been some amount of misunderstanding

and misinformation about the contents of the new

Amerindian Act. This booklet provides the

answers to questions that many people have asked

and also includes additional information on what

is in the Amerindian Bill.

I encourage all Guyanese and in particular

Amerindians to read this booklet so that not only

would they increase their knowledge but more

importantly, be informed of their rights under the

new law.

Carolyn Rodrigues

Minister of Amerindian Affairs

28th October, 2005

The New Amerindian Act | 3

4 | The New Amerindian Act

1. What is the purpose of the new Amerindian

Act?

The new Amerindian Act will ADD to the rights

Amerindians already have. Let us look at what these are

before we look at the new Amerindian Act itself:

The Constitution protects the fundamental rights and

freedoms of Amerindians:

(1) Right to life

(2) Right to liberty

(3) Protection against slavery and forced

labour

(4) Protection from inhumane treatment

(5) Protection from having your property taken

away

(6) Freedom of expression

(7) Freedom of conscience

(8) Freedom of assembly and association

(9) Freedom of movement

(10) Freedom from discrimination

(11) Right to be protected by the law

(12) Protection of culture

All Guyanese have these rights. Amerindians have these

rights because they are citizens of Guyana.

Let us look at a specific example relating to culture:

Amerindians are free to practice their own culture. For

example, Amerindians can set up their own schools and can

always speak their own language. Many individuals speak

their own language in meetings even during interaction with

the President and Prime Minister.

Amerindians also have rights under other laws.

The New Amerindian Act | 5

For example:

a traditional privilege to do artesenal mining

(mining with spade and battel) is included in the

Mining Act

traditional rights over water included in the Water

and Sewerage Act

rights over forests and forest products in the

Forests Act

rights over lands in the Iwokrama protected area

in the Iwokrama Act

rights over lands in the Kaieteur National Park in

the Kaieteur National Park Amendment Act

Other Guyanese do not have these rights. Amerindians

have them because they have special recognition in law as

Amerindians.

2. Does the new Amerindian Act comply with

international law?

Yes

In preparing the new Amerindian Act, the Government of

Guyana has considered the State’s obligations under

customary international law and international treaties. The

Government has paid particular attention to the International

Covenant on Civil and Political Rights (ICCPR), the

International Covenant on Economic, Social and Cultural

Rights (ICESR) and the Convention on Biological Diversity

(CBD), including Article 8(j) regarding protection of

traditional knowledge.

Although ILO 169 and the American Convention on Human

Rights are not binding on Guyana, their provisions have also

been considered. The UN draft Declaration on the Rights of

Indigenous Peoples and the draft Inter-American

Declaration on the Rights of Indigenous Peoples are

political statements which have not yet been accepted by

6 | The New Amerindian Act

States and are not legally binding. Nevertheless, these drafts

contain many good principles and the relevant provisions of

the new Amerindian Act are fully consistent with them.

The Government has also carefully considered other

international legal developments which are not binding but

which would have the effect of promoting the rights of

Amerindians, such as cases from the Inter-American Court

of Human Rights. For example, the new Amerindian Act will

require the Minister to take into account the spiritual

relationship which an Amerindian community has with the

land when making a decision about land titling. This takes

into account a recent judgment of the Inter-American Court

of Human Rights in a case even though it is not binding on

Guyana.

The Government has also considered legislation from other

jurisdictions taking into account differences in legal systems,

history and social and cultural factors.

From studies conducted for the Government, it was found

that the new Amerindian Act meets international standards

and gives Amerindians greater rights and powers than in

other countries.

3. Why are we changing the old Amerindian Act?

The OLD Amerindian Act, which is commonly referred to

as the 1951 Act (Cap 29:01) is completely out of date and

patronising. In other words, the old Act is not relevant to

what happens in Amerindian communities today and many

communities have asked for it to be revised.

Secondly, the National Assembly promised to have the old

Act revised and the Government is honouring that commitment.

The New Amerindian Act | 7

4. What will the new Amerindian Act achieve?

The new Amerindian Act does a number of things but the

two main important achievements are:

(a) it sets up a procedure for land claims to be settled

(b) it transfers power from the Government to

Amerindian Communities and Village Councils so

that Amerindians can make their own decisions

about how they want to develop.

5. Why is it still called the “Amerindian Act” and

not “Indigenous Peoples Act?”

“Indigenous Peoples” is a very wide term that means different

things to different people. Everybody has a right under

international law to define themselves as “indigenous.” In

addition, the Government looked at many international

definitions and found that some of them include not only

Amerindians but also other sections of the Guyanese

community.

Some people suggest that we define “indigenous” so it only

applies to Amerindians but then it means that other

Guyanese would no longer be able to call themselves

indigenous and this would breach the principle set by

international law.

All people have a right to call themselves “indigenous

peoples” if they want. Indeed, earlier this year a French

delegation made a presentation to the United Nations

Working Group on Indigenous Peoples in Geneva as the

indigenous peoples of France.

6. Can Amerindians call themselves “indigenous?”

Yes. Guyana will continue to honour national and

international law standards by which Amerindians are legally

8 | The New Amerindian Act

free to name themselves as they please, for example, native

peoples, aboriginal peoples, tribal peoples, indigenous

peoples, Arecuna, Akawaio, Arawak, Carib, Macushi,

Patamona, WaiWai, Warau, Wapishiana, Aturad. The new

Act emphasises this in Section 3 (2).

7. Does using the word “Amerindian” prevent

Amerindians from benefiting from international

law?

ABSOLUTELY NOT.

During the consultations on the Amerindian Act, many

people said they were told to ask for the name to be

changed from “Amerindian” to “Indigenous” or else they

would not benefit from international law.

THIS IS NOT

TRUE.

Amerindians have rights under international law

whether the Act calls them “Amerindian” or something else.

The aborigines of Australia, the Inuit of the Arctic, the native

Indians of North America, the Maori of New Zealand, the

Adivasi of India and so on do not lose their rights under

international law, just because they have a different name in

their country’s laws.

8. Does the new Amerindian Act protect

Amerindian land rights?

YES.

In fact, the new Act, unlike the old Act, removes the

Minister’s authority over Amerindian titled land. As such the

Minister no longer has the power to reduce the size of

Amerindian titled lands or to take away Amerindian titled

land.

9. What exactly is land title?

Land title is a document. It is issued by the President under

a special power in the State Lands Act. It transfers

ownership of the land from the State to the Amerindian

Community. So Amerindian communities will own the land

The New Amerindian Act | 9

collectively. This is very important. Many States do not

recognise collective rights but Guyana does.

The title is

absolute. This means that the conditions in the

old Amerindian Act do not apply.

The title is forever. This means that the Amerindian

community owns that land for as long as the community

exists.

The land titles are protected by the Constitution against

being taken away by the Government.

It should be noted that in Brazil, Amerindians are not

allowed to own land. They are only given rights to use the

land.

10. How can Amerindian communities get land?

Many communities that already have titles want extension of

their land while others that have no title to their land want title

to the land they occupy and use. The new Amerindian Act

will therefore, set up a legal procedure. The community will

now have to submit a written application and provide some

other basic information on why they want the land, how they

will use it and so on. If they already have a title, they will also

have to demarcate their existing titled lands.

The Minister is required to carry out an investigation within

6 months of the request, which would involve discussions

with the community. Once the investigation is completed,

the Minister has to make a decision within 6 months.

If the Minister approves the application the title will be

granted. If the Minister does not approve the application,

the community can appeal to the Court and challenge the

Minister’s decision.

10 | The New Amerindian Act

It should be noted that Government is already following this

procedure and several communities have received titles and

extensions to their land.

For example, in the period 2004 to 2005, titles were

granted to:

(1) Konashen

(2) Baramita

(3) Wiruni

(4) Malali

(5) Muritaro

(6) Great Falls

(7) Extension to Orealla

Recently, Government approved the titling of:

(1) Arukamai

(2) Campbelltown

(3) Micobie

and extensions for

(1) Tapakuma

(2) Kabakaburi

(3) Kamwatta.

The total area of land granted to the above communities is

more than 3,500 square miles.

These communities wrote to the Minister requesting the land.

The request was approved by the Minister, endorsed by

Cabinet and then the President gave the communities their

land titles.

The New Amerindian Act | 11

11. Why is it important to have titled lands

demarcated?

Demarcation is another word for surveying or marking out

boundaries. All over the world native or aboriginal peoples

have been fighting to get their Governments to demarcate.

In Brazil and Nicaragua the Inter-American Court on

Human Rights has insisted that these States demarcate

Amerindian lands. The court says that the State has a duty

to demarcate. Guyana will therefore, comply with

international standards.

Many Amerindian communities have suffered greatly

because their lands are not demarcated, especially when

miners and loggers encroach. They need to be able to show

miners and other people where their boundaries are so they

can protect their lands.

Some people have told Amerindian communities that if they

demarcate they will not get any more land. This is NOT true

and very irresponsible because the community suffers if their

lands are not demarcated. Demarcation is necessary to see

what a community has before an extension can be granted. In

some cases a community might be asking for a piece of land

that already belongs to another community or two communities

might be claiming the same land.

12. What about sub-surface rights?

All sub-surface rights are held by the State. So, the State

owns all the minerals in Guyana. All over the world the

State retains ownership of minerals. However, the new

Amerindian Act has two very important rights for

Amerindian communities.

(1) Amerindians have a traditional privilege to

mine – this privilege is now expressly

recognised in the new Amerindian Act. No

other group in Guyana has this right.

12 | The New Amerindian Act

(2) Amerindians have a veto over mining on

their titled lands except if there is a largescale

project in the public interest. Other

Guyanese do not have this right.

And in many other countries these rights do not exist. For

example, Brazil does not give Amerindians any right to mine

or to say “no” to mining on their lands. We will look at this

in more detail below in the section on mining.

13. Mining

Anybody who wants to do any mining activity on titled

lands has to get consent from the Amerindian community.

So, although Amerindian communities do not own minerals

they will control access. They can negotiate with the miner

and attach the conditions they want.

The new Amerindian Act recognises that Amerindian

communities can be at a disadvantage when dealing with

mining companies. So the new Act says that the miner has

to give the community all the information they need. The

miner also has to negotiate in good faith. If he does not he is

guilty of an offence.

The new Amerindian Act protects Amerindian communities

further by making sure that the communities will get benefits

from the mining. For example, the miner has to pay a tribute

of at least 7% (seven percent) of the value of the minerals

he takes from the land. He cannot force the Amerindian

community to agree to less.

The miner also has to offer employment to the community

residents before he brings in people from outside. And he

has to offer to buy food and materials from the community.

The community is not bound to take up the jobs or sell

anything but the miner is bound to give them the first chance

to do so.

The New Amerindian Act | 13

The Amerindian community can also add more conditions if

they wish. For example they can ask for contributions to the

school or health centre. It is their choice.

It is very important that Amerindian communities get

proper legal advice from competent lawyers when

they are making legal agreements

.

14. But what if the Amerindian community does

not want mining?

The answer is simple.

Small - scale mining: if the Amerindian community refuses its

consent to mining that is the end of the matter – no smallscale

mining can take place.

Medium - scale mining: if the Amerindian community refuses

its consent to mining that is the end of the matter – no

medium - scale mining can take place.

Large - scale mining: if the Amerindian community refuses

its consent to mining that is the end of the matter UNLESS

the Minister of Amerindian Affairs and the Minister

responsbile for mining declare that the mining is in the

public interest and therefore, should go ahead. If the

Amerindian community disagrees with the Ministers’

declaration that the mining is in the public interest they can

appeal to the court.

Whether or not the community agrees to large - scale

mining, a tribute must be paid to the community.

NOTE:

The miner has to comply with all environmental

laws, employment laws and any other laws.

All across South America, mining can go ahead without the

community’s consent. Guyana is therefore, giving stronger

protection to Amerindian communities.

14 | The New Amerindian Act

15. What about the environmental damage caused

by mining?

Mining can be a very destructive activity if it is not done

properly. There is general protection in law for the environment

as well as some specific protection for Amerindians in the

new Amerindian Act.

Let us look first at what already exists.

Under the Environmental Protection Act (EPA) any project

that might have a significant impact on the environment has

to have an Environmental Impact Assessment (EIA).

Amerindians, like all citizens of Guyana, can take part in all

stages of the EIA if they want to. Amerindians can take part

in:

(1) screening the project to see if it needs an

EIA

(2) scoping the EIA to make sure it addresses

the issues they think are important

(3) attending public meetings and asking for

answers to the problems they think will

occur.

Amerindians also have access to the documents. They are

entitled to a copy of the documents sent in by the miner and to

the final EIA. The time limits for consultation and participation

and the provisions for public notice were deliberately drafted

to give Amerindians a fair opportunity to take part.

Under the EPA Amerindians can apply to court for an

injunction to stop mining activity which is damaging the

environment. They can also ask the court for damages (i.e.

compensation) for the harm they have suffered.

The new Amerindian Act will give Amerindian communities

more protection. The miner will have to enter into an agreement

with the Amerindian community to make sure he takes

The New Amerindian Act | 15

reasonable steps to avoid damage to the environment, to avoid

polluting water supplies, to avoid damaging or disrupting flora

or fauna. If he breaches this agreement the Amerindian

community can sue him for damages.

There have been problems with the behaviour of some miners

in Amerindian communities. The new Amerindian Act will give

the Village Council the right to make legal rules governing

how miners must behave when they are in the village. If the

miner or his employees break the rules the Village Council

will have the legal right to fine them under the new Amerindian

Act. This is covered in more detail in Section 24.

16. What rights do Amerindians have to the

forests?

Once title is transferred to an Amerindian community the

community OWNS the forest resources.

Many communities have had arrangements with logging

companies and sold them their timber. Some communities

have benefitted and some have made bad deals. It depends

on the community.

Under the new Amerindian Act, the Amerindian community

will continue to own the forest. The community will have a

right to decide who can use the forest. If they want, the

community can ask the Guyana Forestry Commission

(GFC) for help in negotiating the agreement. But the

community does not have to ask GFC for help if they do

not want to.

The GFC will have a duty to monitor the forest operations if

it is a commercial venture. They will also have to comply

with the Village Council rules if they come into titled land.

16 | The New Amerindian Act

17. Are Amerindian rights still respected in

Protected Areas?

YES

.

Titled land that is lands owned by an Amerindian

community: the State CANNOTestablish protected areas

over titled lands unless the Amerindian community freely

gives its consent.

Untitled lands that is lands which Amerindian communities

occupy or use but do not own: the State CANNOT set up

protected areas which restrict Amerindian rights or

privileges to use or occupy that land unless the Amerindian

community freely gives its consent.

This means that if the Government wants to set up a

protected area they cannot do it on Amerindian land. If they

set up a protected area on State land they cannot stop

Amerindians from doing their traditional activities such as

hunting and fishing.

The new Amerindian Act will also give Amerindian

communities a new right to be consulted about management

of protected areas.

NOTE: The two established protected areas already

protect Amerindian rights.

Iwokrama – Amerindian rights, privileges and usage are

expressly protected in the Iwokrama International Centre

for Rain Forest Conservation and Development Act.

Kaieteur National Park – after representations from the

people of Chenapau, the Government passed new

legislation to protect the rights of Amerindian communities in

the Kaieteur National Park.

NOTE:

The New Amerindian Act | 17

(1) The Government cannot take away

Amerindian land to set up protected

areas.

(2) The Government cannot force

Amerindians to leave their land to set

up protected areas.

18. What about Community protection of their

environment?

Many Amerindian communities wish to protect their lands from

environmental damage. Under the new Amerindian Act,

Amerindian communities will have the right to set up

their own protected areas if they wish. Some communities

have already said this is what they want to do, for example,

Konashen. Most communities recognise that they must use

their lands sustainably or their culture will disappear and their

children and their grandchildren will suffer.

19. Will Amerindians have control of their land?

Yes, Amerindian communities can control what happens

with their lands as long as they comply with the Constitution

and any national laws that are relevant.

Let us look at some specifics:

What about access to the village:

Under the old Amerindian Act (cap 29:01) anybody who

wanted to visit the village had to get permission from the

Minister. This requirement will be removed in the new

Amerindian Act. It will be up to the Village Council only to

decide who comes in and who is sent away. It is now the

responsibility of the Amerindian community to control who

comes into the village.

Some communities have expressed concern about this

because they say, they might not know who a person is or if

he is a criminal or a troublemaker. However Amerindian

18 | The New Amerindian Act

communities can always request the Ministry of Amerindian

Affairs to do a background check if they want.

Persons on official business of the Government will not

require permission from the Village Council but they are

required to inform the Village Council of the nature of their

visit and how long they would stay in the village. They also

have to comply with Village Council rules. For example,

the Regional Executive Officer coming to pay salaries, the

Medex doing outreach visits, the Regional Chairman to

discuss community issues, the Ministers to discuss issues

affecting the communities.

What about scientific research on the community’s

titled lands?

Anybody who wants to conduct research on Amerindian

lands must get permission from the Village Council and the

Minister of Amerindian Affairs. This means that Amerindian

communities can decide if they want people on their land

and especially if they want to share their knowledge with

them. There are many cases of researchers taking traditional

knowledge and using it for their own profit. This is known

as biopiracy.

Under international law all biodiversity belongs to the State

and the State is responsible for deciding who has access

and on what terms. Therefore under the new Amerindian

Act, researchers must also get the normal legal permissions

required under national law e.g. permission from the

Environmental Protection Agency.

20. And what about transfer of power to Village

Councils?

As mentioned above, there are a number of areas in which

the Village Council or Amerindian Community can make their

own decisions. There is also one other very important provision.

The draft Amerindian Act will give the Village Councils the

right to make their own legal rules on how the land is used.

The New Amerindian Act | 19

The Village Council will also have the power to enforce those

rules and fine offenders.

21. Who receives the fine?

Under the new Amerindian Act the Village Council receives

the fine which is to be used for the benefit of the community.

In the old Act, the fines were paid to the Government.

22. What rules can the Village Council make?

There is a long list of items in the new Amerindian Act. But

when it is passed Village Councils will basically have the

power to make rules as follows:

(a) Identity – they can decide who is a member of the

Community, who is a resident, who can vote etc.

(b) Land – the community decides who can occupy what

land, what use can be made, for how long etc. Traditional

rules on hunting and fishing and farming and so on can now

become law.

(c). Culture – the community decides what areas are of

cultural or spiritual significance, who has access and on

what terms. Also, what is intellectual property and who

controls it and how it can be shared.

(d) Development – the community decides how they will

develop, what projects they will have on water,

infrastructure, energy, etc.

(e) Taxation – the Village Council has the power to raise

taxes.

23. To whom do these rules apply?

The rules apply to anybody who is in an Amerindian Village.

It applies to members of the community, to residents and to

anybody who happens to be in the Village, whether they are

20 | The New Amerindian Act

Amerindian or not. So all researchers, or miners or business

people will have to obey these rules.

24. What happens if somebody breaks the rules?

These are legal rules. The new Amerindian Act will give the

Village Councils the power to make laws.

If somebody breaks a rule, the Village Council could

impose a fine. If he does not pay the fine, he could go to

jail.

25. What happens if somebody feels the Village

Council acted unfairly?

They can appeal to the Court.

26. Suppose the Village Council makes

inappropriate rules?

Some Village Councils have tried to make rules which are

not appropriate. The new Amerindian Act will have some

protection against this. The new Amerindian Act says that

all rules must comply with the Constitution and national

laws.

27. Who approves the rules?

The Village Council

The Community

The Minister of Amerindian Affairs

28. Why does the Minister have to approve the

rules?

Under the Constitution only Parliament can make laws. In

this case the Parliament is delegating the authority to the Village

Council to make rules and since the Village Council does not

report to Parliament and the Minister does, the Minister is

therefore held accountable. In addition, it is necessary that

The New Amerindian Act | 21

the rules comply with the Constitution and national laws and

the Minister is responsible for checking that this is so.

In any democratic system there are checks and balances on

power.

29. What happens if the Minister does not

approve a rule?

The Minister should inform the community why the rule was

not approved and help the Village Council to make it

compatible with national laws.

Of importance is the fact that as long as the rule does not

violate the Constitution or national law, the Minister should

approve it. If the Minister refuses, the Village Council can

challenge the Minister in Court.

30. Does the new Amerindian Act provide for the

establishment of District Councils?

Yes. Three or more communities can ask the Minister to

establish a District Council.

31. Who can be nominated to be a Toshao or

Councillor?

Any Amerindian resident in a community who is 18 years

and over.

32. What is the term of office for the Village

Council?

The term of office will now be three (3) years. The

previous Act had two years.

33. Would there be auditing of the Village Councils

accounts?

22 | The New Amerindian Act

YES. The Village Council is responsible for making sure

that the community’s finances and assets are properly

managed. An audit is normally carried out every year but

this may not be necessary for all communities. The new Act

will provide for an audit to be done at least once in the term

of Village Council. However, there may be cases where it

is necessary to have more than one audit during the term of

office, for example, larger communities with more revenue.

NOTE: The Minister does not carry out the audit. It is

done by an independent auditor.

34. If people in the community feel that the

Village Council is not doing its job, can they

ask for an investigation, to be done?

YES. If a Community General Meeting (CGM) is held and

more than 50% of the persons present requests an

investigation, the Minister

must order an investigation.

If less than 51% of the residents present at the CGM

request an investigation, the Minister

may order an

investigation. This depends on the nature of the complaint.

Note: The Village Council and the Toshao have to act in the

best interest of the community at all times. There must be

no conflict of interest between their duties to the

communities and their loyalties elsewhere.

35. Will the new Amerindian Act empower

Amerindian communities?

YES.

When the new Amerindian Act becomes law,

Amerindians will have greater power and control over their

lives.

(Footnotes)

1

The Government is also mindful of the need to ensure that the

Amerindian Act does not conflict with its other international obligations

including, in relation to Amerindian intellectual property and the

Agreement on Trade Related Aspects of Intellectual Property.

The New Amerindian Act | 23

WHAT AMERINDIANS SAY ABOUT THE BILL

The Amerindian Bill 2005 was be debated in the National

Assembly on Thursday, October 20 and was to sent to Special

Select Committee. It was tabled on August 4. However, some

Amerindian organisations that are purporting to be representing

Amerindians in Guyana are misrepresenting the Bill.

The Government Information Agency visited two

Amerindian communities Santa Mission, Region Three and

St. Cuthbert’s, Region Four to get the views of community

representatives of the Bill and on Amerindian Organisations’

concerns. Here is what they had to say.

John Simon

My community could work with that. The Village Council has

more power now to see that the overall affairs

of the community would benefit. When we had

our council’s meeting about the Act, we may

have (had) one or two (who did not agree) but

the majority is in full agreement. I think the

various Amerindian groupings are causing a problem.

(But) they did not discuss anything to get our opinion … if we

agree. “Since my reign as Captain, they only visit when they

have a fund-raising activity and not really to keep meetings on

a regular basis about their proposals for Amerindian

communities. So we seldom see them around here.”

James Andrews

“The Act is more accurate now. They have

not been accurate in what they are saying.”

24 | The New Amerindian Act

can you know that it is insufficient or inadequate? By demarcation

you know the size you have and as your population grows you have

reason for extension as there must be a reason for something.”

Joyleen Samuels

“I do not fully understand the Act but I believe the

Minister must have a say because you see when we

have a problem is to the Minister we go to get a

solution to our problem.”

Orlando Schuman

“I don’t think generally people have a problem with

the Act. It has provisions for mining, logging. It’s

protective.”

Clive Patterson

“I was at the beginning of this process because I did not know

anything about this even though I was a Toshao

before nothing much was heard. We had a

workshop because we were the ones like

facilitators to go out and explain to the people. I

think that five years was a lot of time and a lot of

work was done. They had seen it very fitting that

getting people from the community to explain as

best as they can back to the community exactly what was taking

place. They have drawn representatives from each community and

not only that they had follow ups where I think lawyers and the

Minister went back to the community also where in the community

were able to ask questions and queries … I am pleased with the Act.

Other residents were given that opportunity to make their

recommendations. I know the government is trying its very best we

are now a developing a country and I personally feel that the

government is doing as much as they can.”

Carlton Williams

“The old Act was somewhat inadequate and certain things were not

relevant. (The new one is more widespread. There is only one thing

The New Amerindian Act | 25

that I did not agree with it’s a simple thing though

but still… the naming of a captain to call him a

Toshao the word Toshao came from one

Amerindian tribe I would have preferred an

English word that is accepted by everybody. That

is the only thing. But I think it could work it would be a be better than

the first one.

We have them in Georgetown, they come up here sometimes but

they do not make any contribution to the community. They just carry

a name. They probably don’t even have an agenda. When

Amerindians are in difficulty they do not go to you. You don’t see

the cause they represent. “

Leonard Patterson

“I did not really follow it up but I am sure that it is

something good as many people made their

contributions. I am concentrating with family and

different things at this time.”

Leyland Clenkian

Some people who are far away from the villages may

not fully understand what goes on

currently. It’s not to say that I do not

like the people in these organisations but

I wonder if they are quite sincere being

so distant? Looking at it, I initially thought

that it may not be adequate. But second

thought told me there must be a balance

of power. I don’t think the Village Councils themselves

can have a monopoly of power. So I think it balances the

power of the Minister and the Village Council, if not

perfectly, quite well… There must be uniformity in

something. If you don’t demarcate something how

26 | The New Amerindian Act

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Copyright © October 2005

FOR FREE DISTRIBUTION

Information Technology Unit

Design & Layout Adrian Ally

Website: www.gina.gov.gy,

Email: gina@gina.gov.gy

Area ‘B’ Homestretch Avenue

D’Urban Backlands

Georgetown, Guyana.

Tel: (592) 226-6715, 226-8849

Fax: (592) 226-4003

Copyright

© November 2005
9月10日

LEARN MACUSHI

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