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    September 11

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    Act Cap:29:01 is outdated and does not address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

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    Information Technology Unit

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    Email: gina@gina.gov.gy

    Area ‘B’ Homestretch Avenue

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    Georgetown, Guyana.

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

    Fax: (592) 226-4003

    Copyright

    © November 2005