Fourth: 2002 in Nairobi

4ta International Conference

Nairobi, Kenya November 18 – 21,2002

The 4th Conference concluded with the ‘Nairobi Declaration’. Further documentation will become available soon. The Nairobi Declaration and Country resolutions passed during the 4th Conference are available above in Word and PDF formats.

Country Resolutions

Resolution on Nigeria

Delegates called on the Nigerian Federal government to respect the ethnic and indigenous rights of organisations like the Odua Peoples Congress, Igbo Peoples Organisation, Egbesu, Movement for the Survival Ogoni People Edo Cultural Association and other similar organisations and not to treat them as violent or terrorist organisations.

It urged the different cultural organisations to reach out to other international bodies so as to learn the mechanisms of non-violent struggle now that the United Nations has established a Permanent Forum for Indigenous Issues where matters of marginalisation by indigenous population are disscussed.

ON EMPLOYMENT
It urged the government of Nigeria to pay special attention to the solution of unemployment because indigenous youths are the worst victims of the adversaries of unemployment in Nigeria.

Resolution on Indonesia

The Fourth International Conference of the International Alliance of Indigenous-Tribal Peoples of the Tropical Forests convened in Nairobi, Kenya from 18-22nd November 2002;

Noting the following concerns raised during the 4th International Conference:
That Indigenous Peoples rights to land, forest and territories despite recognition by the national laws have continued to remain unimplemented by the Government of Indonesia;

Concerned over the continued issuance of mining and logging concession on the land and forest of indigenous peoples without their prior and informed consent;Notes with alarm the continuing policy of the Government of Indonesia to systematically transfer population into the indigenous peoples territories through their transmigration project with resources from the World Bank;Oppose the sanction of new loans on forests by World Bank and other financial agencies leading further exploitation of the resources in the indigenous peoples territories;Oppose the large plantation projects, which causes human rights violation, destruction on the marine and forest biodiversity leading to bad sanitation condition affecting the health of indigenous peoples and their communities;Demands better education facility and capacity building for the indigenous peoples and their communities;Demands the full recognition and respect to indigenous peoples rights to their land, forests and territories.

Resolution on Malaysia

The Fourth International Conference of the International Alliance of Indigenous-Tribal Peoples of the Tropical Forests convened in Nairobi, Kenya from 18-22nd November 2002.
Considering the indifferent attitude of the States’ Governments in the states of Federation of Malaysia and the indifferent attitude of the Federal Government of Malaysia towards the Natives or Indigenous Peoples of Malaysia.
Considering the contents of Universal Declaration on Human Rights, Draft Declaration of the Rights of Indigenous Peoples and International Labour Organization Convention 169 on the Rights of Indigenous Peoples and constitution of Federation of Malaysia;
Considering the effects of globalization on the indigenous people

Hereby resolves to:

DEMAND the Federal Government of Malaysia to relax the present requirement or to do away with it AND to make immediate necessary arrangements and facilities (a) for registration of Orang Asli in west Malaysian states and (b) for registration of natives or indigenous people in East Malaysian states of Sarawak and Sabah to enable all Orang Asli and natives or indigenous people in the East Malaysian state of Sarawak and Sabah to register themselves with National Registration Department to obtain Birth certificates and identity cards so that they would not be deprived of becoming citizens of the country and so that they would not be deprived of exercising their civil and political rights and enjoying employment and educational opportunities;

CONDEMN the continual encroachment by the government and by the corporation into indigenous lands which are made through logging, huge plantations schemes, dams like Bakum Dam Project and industrial projects which not only cause environmental damage but also permanently seize the indigenous peoples land and destroy biodiversity resources and ecological system.

URGE the government to recognize the indigenous land tenure system and to enhance the indigenous people to be involved in all decisions pertaining to, and manage all natural resources and use them for sustainable development within the indigenous communities and

URGE the government to give the indigenous people chances to speak for themselves and design their own destiny and urge the government to accord indigenous peoples the rights to access and to equitable sharing of resources available in their territories to improve their social and economic status; and

DEMAND the Government to take affirmative action to make sure the natives are represented at all levels of governance and to ensure meaningful participation of the natives in making and implementation of laws and policies aimed at achieving sustainable development and environmental conservation.

The Fourth International Conference of the International Alliance of the Indigenous and Tribal Peoples of the Tropical Forest held in Nairobi, Kenya,
November 18th – 22nd 2002.

Resolution on Nepal

Taking into account the present situation of Nepal, specially with regards to indigenous peoples and the conflict between the Government forces and the rebellions, Realisation the democracy which was restored twelve years back at the risk having no elected political bodies and Government from local level to national level,

We urge:
All the concerned parties involved in conflict in Nepal to immediately stop the indiscriminate killings, abductions, rape and forced recruitment of the innocent people, majority of whom are indigenous peoples, including children,
To resume the peace dialogue between the Government and the rebellion forces and restore peace, human and democratic rights in Nepal.

The equal rights of various languages of the indigenous peoples of Nepal be recognised and ensured their right to use their languages for the medium of instruction for education and official use,

To preserve the most marginalized indigenous peoples who are in danger of extinction.

Not to allow development programmes in the indigenous peoples areas without the prior informed consent and collective approval of the indigenous community that directly or indirectly affect them.

Demand for the amendment of the constitution:
· To declare Nepal as a Secular State,
· To change the Upper House as the House of Nationalities,
· To create National Autonomy for indigenous peoples.

Resolution on Northeast India

The 4th International Conference of the International Alliance of Indigenous and Tribal Peoples of the Tropical Forests held at the United Nations Environmental Programme (UNEP) Center, Nairobi, Kenya (Africa) from the 18-22nd November 2002 taking note of the unique situation of the indigenous/tribal Peoples of the Northeast India;
Noting the continuing policy of the Government of India, which continues to ignore the genuine aspirations of the indigenous people of Northeast through promulgation of anti-peoples legislation and laws legitimizing the militarization and brutalization of the people in the region;

Concerned about the lack of effective mechanism to check and manage the illegal immigration of populations through the porous international borders surrounding the region and the lack of constructive initiative from the Government of India to address this alarming movement of uncontrolled population leading to marginalization of the indigenous peoples and encroachment over their ancestral land;

Demand the immediate stoppage on the alienation of land of the indigenous/tribal peoples through imposed development project leading massive involuntary displacement of the people;

Urges the Government of India to create space for indigenous/tribal peoples in the Northeast to effectively participate in the development process of the region through the exercise of ‘ full, free and informed consent’ of the peoples concern;

Demands the immediate repeal of all anti-democratic laws such as, Armed Forces Special Powers Act, POTA, APCOCO, etc which continue to dehumanize and violate the dignity of the indigenous peoples in the northeast;
Encourage the Government of India to immediately sign the International Labour Organisation (ILO) Convention 169 as a measure of confidence building to facilitate condition for constructive dialogue to bring just peace in the region;

Appreciate and support the positive measure taken by the Government of India in engaging with the indigenous Naga peoples to arrive at a peaceful negotiated settlement on the long drawn Indo-Naga conflict.
Encourage the Government of India to take effective steps to create conducive conditions to begin dialogue with the various struggle groups, to usher in a new era of a just and lasting peace in the region.

Resolution on Thailand

The 4th International Conference of the International Alliance of Indigenous and Tribal Peoples of the Tropical Forests held at the United Nations Environmental Programme (UNEP) Center, Nairobi, Kenya (Africa) from the 18-22nd November 2002.

Taking note of the situation of the indigenous/tribal Peoples of the Thailand;

Noting the continuing policy of the Royal Government of Thailand, which has continued to ignore the genuine aspirations of the indigenous/tribal peoples to participate effectively in the various development processes, which are going to change their future;

Concerned that the Royal Thai Government has not consider the legitimate demands of the highland communities for their basic rights to citizenship which will ensure the full and effective participation of the indigenous/tribal peoples.

Concerned that highland development activities, which have been implemented under the Thai Government’s Master Plan on Community Development, Environment and Narcotic Control in Highland Areas since 1992, have caused tremendous negative impacts on Indigenous and tribal populations. At the same time, the current Thai Government, which retains prejudicial views and attitudes towards ethnic minority groups, continues to push for the implementation of the Highland Master Plan (Phase 3, 2002-2006) without allowing a say and genuine participation of Indigenous and tribal peoples in the drafting and enforcement of the Plan.

Noting that the Government decision to scrap the Draft Highland Master Plan (Phase 3), and instead create a process in which Indigenous and tribal representatives will have a participatory role in the drafting of the Plan. On 9 April 2002, the Cabinet agreed to the demands of the Northern Federation of Peasants and the Network of Peoples Organizations of the North, and established a sub-committee, chaired by Deputy Prime Minister General Chavalit Yongchaiyudh, to resolve the problems of indigenous and tribal peoples.

And that at the latest meeting of the sub-committee at the Government House on 18 July 2002, the gathering agreed to the proposal from the AITT that a working group be established to revise the Draft Master Plan (Phase 3) before its submission for Cabinet’s approval. But on 30 July, the Government of Prime Minister Thaksin Shinawatra secretly tabled the Draft Master Plan in the Cabinet’s weekly meeting agenda for approval. The Cabinet, subsequently, approved the controversial Draft Highland Master Plan, ignoring the agreement made earlier with the AITT.

And that the current Government’s action is a blatant breach of a mutual agreement, a deliberate act of racial discrimination and a violation of the rights of Indigenous and tribal peoples. It violates the Principle of People’s Participation as stipulated in the country’s Ninth National Economic and Social Development Plan, as well as several articles in the 1997 Thai Constitution.

Thus, the 4th International Conference in support of the demands of the Indigenous and Tribal peoples of Thailand inform and request the UNDP in Thailand of the following:

1. Any UNDP support to highland development programs in Thailand should adhere to the guidelines and principles laid down and agreed by the AITT, Network of Highland Communities Organizations, Network of Northern Non-Governmental Organizations and their alliances. (Please see the attachment). The guidelines and principles should serve as the format for any cooperation with the Thai Government, governmental and non-governmental organizations.

2. The AITT believes that there must be significant support to any and all activities encouraged by the Regional Indigenous Peoples Project. Furthermore, this support should recognize the importance of people’s participation and lead to the future formulation of a clear policy towards sustainable development in highland communities. To achieve such objectives, AITT propose the following:

2.1 Highland development activities must adhere to the policy and principles agreed and laid down by the AITT and its alliance.

2.2 Any activities under RIPP must be in line with the pilot project on highland development that was submitted on 9 April 2002 prompting the development of a government sub-committee, chaired by Deputy Prime Minister General Chavalit Yongchaiyudh. The sub-committee agreed at the meeting on 18 July 2002 that the Assembly’s pilot project must be integrated into the Master Plan (Phase 3). As such, the AITT would like RIPP, in which NESDB is the coordinator, to cooperate with the AITT by supporting its pilot project activities.

2.3 There must be an equal number of representatives from the AITT and the Network of Non-Governmental Organizations to that of government officials in the administering of RIPP activities.

3. The AITT calls on UNDP to find out from the Prime Minister and Deputy Prime Minister General Chavalit Yongchaiyudh, the sub-committee chairman, the reasons the Government did not proceed with the revision and integration of the Highland Master Plan (Phase 3) as agreed upon at the 18 July 2002 sub-committee meeting before its submission for Cabinet’s approval. UNDP should request the Government to carry out an immediate revision of the Highland Master Plan with the participation of Indigenous and tribal people.

4. The Office of UNDP in Thailand should cease its support of any Thai Government activities implementing the Highland Master Plan (Phase 3) until the Government conducts a revision and integration of the Highland Master Plan with the participation of indigenous and tribal people.

5. The Thai Government to instruct local government agencies to cease any activities under the Highland Master Plan, particularly in the following actions:

5.1 To stop the arrest, harassment and threat against any highland or tribal people who want to continue their traditional way of life. This should include a halt to relocation or merging of indigenous and tribal communities and villages.

5.2 To stop the arrest, detention and prevention of any highland or tribal people from traveling and gathering to demand the recognition of their rights and resolutions to their problems.

5.3 To conduct a land survey and measurement, and to verify the rights for land use according to the Cabinet’s resolution on 30 June 1998. To cease the declaration of new protected forest areas until a more thorough and people’s participatory revision of the Highland Master Plan has been conducted.

Resolution on the situation of the Gana and Gwi ‘Bushmen’ and Bakgalagadi of the Kalahari Game Reserve in Botswana

The Fourth Conference of the International Alliance of the Indigenous and Tribal Peoples of the Tropical Forests in which participated representatives of the indigenous organizations of Africa, Continental Asia, Maritime Asia and Pacific, Bahasa Region, Central America, and South America, gathered in the city of Nairobi, Kenya, in the face of the terrible situation of the Gana and Gwi ‘Bushmen’ and Bakgalagadi of the central Kalahari Game Resreve in Botswana;

Considering:
That the Government of Botswana has forcibly evicted the majority of Gana and Gwi Bushmen and Bakgalagadi from their ancestral lands in the Central Kalahari Game reserve, has cut off their water supply in the reserve, and is preventing them from returning to their land;

That the forced evictions are a result of years of harassment, intimidation and torture of Bushmen and Bakgalagadi by government officials;

That the multinational mining company De Beers has started that it is opposed to recognizing the rights of indigenous peoples as it considers this similar to apartheid, and it likewise opposes ‘in principle the granting of any group special previledges or status on the basis of ethnic identity;

That De Beers has a retention licence to mine in the future on Bushman land in the central Kalahari Game Reserve and refuse to have a policy on indigenous peoples.

That both the government of Botswana and De Beers refuse to recognize the Gana, Gwi and Bakgalagadi’s collective rights to their land as defined in international law under ILO Convention 169 on indigenous and tribal peoples;

That it is necessary to alert the international community that the government of Botswana’s actions and policies will lead to the genocide of the Gana and Gwi Bushmen tribes unless reversed.;
That the United Nations and other bodies have international instruments to prevent and condemn these kind of crime against peoples;

That the nations and governments of the world must do all in their power to prevent the destruction of the Gana and Gwi Bushmen tribes

Resolves:
To give the Gana and Gwi Bushmen and Bakgalagadi tribes the full support of all the indigenous and tribal peoples of the world’s tropical forests

To exhort the government of Botswana to reconsider its policy of forcibly removing Bushman peoples from their lands in order to assimilate and integrate them into the majority society and to mine on their lands.

To exhort the government of Botswana to allow the Gana and Gwi Bushmen and Bakgalagadi to return freely to their land in the central Kalahari Game Reserve and to exercise their right to choose how they wish to live.

To make known to De Beer mining company, which is active in many countries which are home to indigenous and tribal peoples, that it is unethical and unacceptable to deny indigenous peoples’ collective rights, which are recognized in international law and by many nations.

To exhort De Beer mining company to adopt a policy in line with the highest international standards on indigenous and tribal peoples.

To exhort the United Nations and European Union to take all possible measure to persuade the government of Botswana and De Beers to reconsider their policies and actions which have forced the Gana and Gwi Bushman and Bakgalagadi tribes to live in bleak resettlement camps where they are totally dependent on government handouts and where their independence, unique culture and identity are fast being destroyed.

WEST PAPUA resolution at the 4th General Assembly of the Indigenous and Tribal Peoples of the Tropical forests, 18-22 November 2002, Nairobi (Kenya) East Africa.

Resolution on West Papua

We, the indigenous and tribal peoples of tropical forests express our solidarity with the our indigenous brothers and sisters in Papua,

We congratulate and welcome the establishment of the two important indigenous institutions:
1. Dewan Adat Papua (Papua Indigenous Council)
2. Pemerintahan Adat Papua (Papua Governing Indigenous Council)
for the promotion, protection and enhancing the aspirations of the indigenous peoples of Papua to enjoy their basic indigenous rights as guaranteed by international laws and practices.
We are in full recognize, endorse and support the decisions taken during the Indigenous Consultative Conference held at 26 February 2002 in Jayapura (Papua) -see annex I
We further call upon the Indonesian government not to delay any further but to be effectively engaged in a Peaceful Dialogue to resolve all and any dispute with the Presidium Dewan Papua, and
to cooperate with all civic organizations in an open, transparent manner to transfer Papua into a Peace Zone, and further call on the Indonesian government, Army (TNI), Police (POLRI) and their militia to STOP all operations, especially Operasi Adil Matoa (see annex II) that creates more insecurity and instability in Papua for all, especially the indigenous peoples of Papua.
On behalf of the Pacific Regional Members within the International Alliance
Papua New Guinea, Solomon Islands, Bougainville, Vanuatu, Kanaky and Fiji
Kanaka mo Vanua (Organisation of the People of the Land)
Ian Aujare

Seconded by:Annex I to the West Papua Resolution at the 4th General Assembly of the Indigenous and Tribal Peoples of the Tropical forest, 18-22 November 2002, Nairobi (Kenya) East Africa.West Papua
Manifest of Papua Basic Traditional Rights

We, the traditional customary people declare that the Great Consultation of Papua Tradition is the solely forum the highest executing institution of the Indigenous Peoples of West Papua, considering the,
1. Universal Declaration on Human Rights;
2. UN draft Declaration of the Rights of Indigenous Peoples;
3. ILO Convention 169 on Indigenous and Tribal Peoples Rights;
4. Decision of the 2nd Papua Congress (June 2000);
5. Resolution of the Second Papua Congress;
6. Letter of the Papua Traditional Council; No. 021/SK LMA/Papua/A/IX-2001 regarding the execution of the Great Council of Papua Traditional Communities
2. Letter of permission of the Police for Papua, No. POL.:/SI/05/II/INTEl.2, February 2, 2002 and the execution of the Great Conference of Papua Traditional Council
further considering.
1. General observation by the participants of the Great Consultation of Papua Traditional Council (GC-PTC) of traditional areas of whole Papua,
2. Materials of reflections provided for and during the GC-PTC 2002,
3. Opinions and aspirations shared for and during the GC-PTC 2002,
Results of Commission A is to revitalize the Traditional Council and its institutions,
Commission B is on the exploitation of our natural resources, and Commission C on the Agenda relating to the basic human rights of Papua customs and traditions,

Decide:
1. Land, Marine, air and all natural richness are property of the indigenous owners,
2. Land, marine and Air cannot be purchased by any other parties,
3. All actors in development, private sector, ngo’s, are obliged to agree, respect and protect the fundamental right of the traditional landowners,
4. All development activities are subject to consent and approval that will be legally binding with the traditional councils,
5. All tribes within the indigenous Papuan communities are to abide, respect and promote the presence of fundamental indigenous Papua rights be it collective and individual,
6. Traditional Papua communities are obliged to utilize their natural resources in Papua in support of the political aspirations of the indigenous peoples in Papua,
7. Traditional Papua communities (the indigenous peoples of Papua) respect and are welcoming any type for cooperation and to utilize their natural resources on a continuing basis to further develop the economic perspective of the indigenous peoples of Papua,
8. The indigenous peoples of Papua respect and are engaged with any third party in a cooperative manner to transform Papua as a region free from violence, harassment and oppression,
9. Papua Traditional communities respect and value non-Papua communities who are in Papua with the attitude that will not discriminate on the basis of tribe, religion and race.Jayapura (Papua) 26 February 2002
Conference Committee
Max Werimon (Chairperson)
Willem Bonay (Secretary)
Ham nawipa (Member)
Yakomina Isir (Member)
Marthen Mambrasar (Member)

Resolution on TerrorismWhereas, after the September 11 bombings in the US, the US government launch its borderless war against terrorism wherein it divided . Thi
and the succeeding bombings in Bali, Indonesia to justify its terrorism against groups, peoples and individuals resisting US hegemony.Pres. Bush has launched its War against Terror that is essentially a War of Aggression.
The passage of national laws that masquerade to prevent or stop anti-terrorism that infringes on individual freedoms such as on movement and legalizes surveillance, intelligence gathering and interception
Violating due process, listing of groups and individuals as foreign terrorist groups and/or supporters of foreign terrorist organizations

Heightening of militarism in areas that the States suspect as revolutionary strongholds or bases of liberation movements resulting to violations of indigenous peoples rights and human rights. The state military that does not make a clear distinction between armed combatants and civilians.

Indigenous culture to take up arms in defense of their rights and territories.

In Bali: The people of Bali are dependent on tourism for a living. The bombings and the succeeding advisory of Northern governments warning its citizens in traveling to Indonesia have adversely affected the livelihood of the people of Bali.

The Fourth IC of the IAITPTF condemns the terrorist bombings in the United States and in Indonesia. However, we doubly condemn the use of these bombings to justify its own terrorism against the people. We say not in our name!

For the regions: to formulate the human rights situation of each region
To conduct regional workshops or seminars on the issue of terrorism and militarism and its particular impact on indigenous peoples.