Advanced Unedited Version
Report of the International Expert Workshop on Indigenous Peoples and Protection of the Environment
Held in Khabarovsk krai, Russian Federation
27 – 29 August 2007
Contents
Paragraphs Page
Introduction ...... …….
I. Organization of work ......
A. Attendance ......
B. Documentation ......
C.Opening of the meeting ......
D. Election of officers ......
E. Adoption of the conclusions and recommendations......
F. Closure of the Workshop ......
II. Highlights of the discussion ......
III. Conclusions and recommendations ......
Annexes
IAgenda for the International Expert Workshop
on Indigenous Peoples and Protection of the Environment......
- Documentation......
III. Attendance ......
Introduction
1. The International Workshop on Indigenous Peoples and the Protection of the Environment was held in Khabarovsk, Khabarovsk krai, Russian Federation, on 27 – 29 August 2007.
2. The International Workshop was co-organized by the Government of the Khabarovsk krai, the Russian Association of Indigenous Peoples of the North, Siberia and the Far East (RAIPON) and the Secretariat of the United Nations Permanent Forum on Indigenous Issues (UNPFII), with support from the Public Chamber of the Russian Federation and the cooperation of the Government of the Russian Federation.
3. Since its second session, the UNPFII has made recommendations on environmental pollution. Therefore, this international workshop was timely considering the fact that in many areas of the world, indigenous peoples and their territories are vulnerable to man-made disasters. These include nuclear testing, nuclear disasters, chemical spillage, transboundary pollution, hydroelectric dams, forestry and mining industries, toxic dumping as well as global warming and contamination of waters and food supplies through waste and toxic chemicals. The effects of natural disasters such as tsunamis, earthquakes and cyclones also contribute to the pollution of indigenous peoples’ traditional food sources.
4. The location of the international workshop in Kharbarovsk krai, in the Russian Federation was also an important factor because of the transborder contamination of the Amur River over the past fifteen years. The contamination not only jeopardizes the security of the population settled in the area of the river basin, but also has a major impact on the indigenous peoples’ livelihoods. The traditional lifestyle of indigenous peoples living in the region is tightly connected to the Amur River because fish is the main ingredient of their national dishes and the fish skin is used in making their traditional crafts. The contamination of the water bioresources by toxic substances endangers the culture and traditional lifestyles of indigenous peoples and also has a major impact on their health. For example, the growth of oncological diseases over the past ten years has claimed the lives of hundreds of indigenous peoples and there are still many affected by other serious diseases. The average life expectancy of indigenous peoples is 40 to 45 years, which is significantly less than the rest of the Russian population. Consequently, the contamination of the Amur River results in deterioration and irreversible consequences for indigenous peoples.
5. The UNPFII members, experts and participants expressed their appreciation to the Government of Khabarovsk krai, for sponsoring and hosting the international workshop. The co-organizers namely, the Russian Association of Indigenous Peoples of the North, Siberia and the Far East (RAIPON) and the Secretariat of the Permanent Forum on Indigenous Issues, the Public Chamber of the Russian Federation and the Government of the Russian Federation were acknowledged for their generous support and cooperation.
6. The UNPFII members, experts and participants paid tribute to the indigenous peoples of the region for their traditional welcome which was warmly received by all the people who attended the Workshop.
I. Organization of work
A. Attendance
7. Some 80 persons participated in the workshop, including 2 Members of the UNPFIIs; indigenous experts from the Pacific, Central and South America, Africa, Asia, the Arctic, North America, and the Russian Federation; representatives of the Federal, Regional and Local Self-Government Authorities of the Russian Federation; representatives of UN Agencies; international financial institutions, funds and programmes; and national and international non-governmental organizations. The list of participants appears in Annex II of this report.
B. Documentation
8.The participants had before them a draft agenda and documents prepared by participating experts (see Annex I). The papers that were presented are available on the United Nations Permanent Forum on Indigenous Issues website:
C. Opening of the meeting
9. An agenda was provided (see Annex 1) for the meeting. Mr Pavel Sulyanziga chaired the workshop and Mr Michael Dodson was elected as the Rapporteur for the workshop.
10. Welcome speeches were made by:
Mr Vladimir Ivanovitch Syrkin, Vice-Governor of Kharbarovsk krai
Mr Yuri Ivanovitch Onoprienko, Chairman of the Legislative Duma of the Khabarovsky krai
Mr Andrei Pozdnyakov, Russian Federation Government
Mr Alexander Sichenko, Russian Federation Ministry of the Regional Development
Mr Vladimir Skoropupov, Representatives of the Russian FederationState Duma, Vice-Chair Mr Arthur Chilingarov.
E. Adoption of the conclusions and recommendations
11. On 29 August 2007, the Workshop adopted, by consensus, the conclusions and recommendations contained in section III below.
F. Closure of the Workshop
12. The meeting was closed after the conclusions and recommendations were adopted in the final plenary held on 29 August 2007.
II. Highlights of the Discussion
13. Indigenous peoples share a spiritual connection with their environment which is enjoyed collectively and preserved for future generations. The lands and territories are integral to indigenous peoples’ spiritual practices, identity, and cultural heritage, political, social and economic livelihood. Therefore, it is no coincidence that many of the world’s biological diversity and genetic resources are found on lands occupied by indigenous peoples.
14. In many instances, due to colonization, occupation, mega projects, conflict and other reasons, indigenous peoples have been dispossessed of and/or forcibly removed from their traditional lands and sacred sites. The relationship between indigenous peoples and their environment has been further eroded over the years, due to development projects, miningand forestry activities, as well as agriculture programmes. As a result, environmental damage has been substantial: flora and fauna species have become extinct or endangered, unique ecosystems have been destroyed, and rivers and other water catchments have been heavily polluted.
15. The workshop was held in Khabarovsk, in the Russian Federation, a city situated on the banks of the Amur River which in some areas, forms the international border with the Peoples’ Republic of China. The workshop focus on pollution is integral to Khabarovskkrai because of the transborder contamination of the Amur River over the past fifteen years. Various experts gave extensive presentations on the transborder pollution and outlined how the contamination of the river has jeopardized the security of the population settled in the river basin; in particular, its impact on the indigenous peoples’ livelihoods as their economy is heavily based on fishing. Transborder contamination from toxic substances released from major development projects as well as oil spills pollutes the fish and other aquatic foods in the river.
16. A medical expert highlighted the fact that people’s health is one of the key constituents of the economic, social, and ecological well-being of a society and that he had observed that the adverse medical and demographic indicators of the health status of people in the region correlates with low incomes, chronic stress, and deteriorating natural settings. He also pointed out that the key factor determining the development of diseases among the low-numbered indigenous people of the North is the destruction of their traditional lifestyle as a result of environmental deterioration. There are two components to be considered: (i) socioeconomic realities which include the destruction of traditional lifestyles; loss of social guidelines; low life expectancy; breaking family bonds; and the failure to fulfill one’s potential; (ii) biomedical causes which include genetic (predetermined) features of organism functioning such as metabolic processes, absence of alcohol tolerance; low adaptive resources of the organism; and inaccessibility of adequate health care services.
17. It was pointed out that partnerships had been formed between regional, local government and authorized representatives of the low-numbered indigenous peoples of the North, (RAIPON) to improve the wellbeing of people in indigenous settlements. This has been particularly positive for indigenous youth who are increasingly participating in environmental protection programs such as summer ecological programs based on indigenous traditions.
18. It was stated that within the Russian Federation there is no single facility to oversee the state environmental protection policies and mechanisms for assessing the water quality, especially drinking water was outdated. Further, there are outdated mechanisms for setting the maximum allowable concentration of hazardous substances, including toxins. There is also no methodology for undertaking a comprehensive assessment of the damage from pollution on the ecosystem. In particular, there is no assessment of the impact of low-concentration toxic pollutants in drinking water and no assessment following emergency spills of high concentration pollutants on the affected indigenous and non-indigenous populations.
19. An expert pointed out that the Navajo reservation is abundant in gas, coal, water, and uranium and there are currently 12 extractive industries operating within Navajo territories and 7 of these industries are coal-fired power plants. These industries have had an enormous affect on the economy, the people, the culture, and the rights to resources and lands. Over half of the Navajo population lives below the USA poverty line despite the rich mining operations on their lands. This creates a difficult situation for the Navajo peoples because of the environmental impact of the extractive resources, and the urgent need for employment. This situation renders indigenous peoples as economic hostages. In most cases, tribal governments are in favor of mining development. Hence, this creates a dilemma because it divides the people and their government.
20. The same expert noted the pollution issues within the Navajo reservation raises concerns because the world's largest private-sector coal company is located on the reservation. Water extraction for mining purposes in the N-aquifer has loweredthe water level.There are other detrimental impacts due to government failure to enforce environmental regulations. The presence of the mine and the use of the water source were destroying the Navajo and Hopi cultures. Both the aquifer and the land are sacred to the Hopi and Navajo tribes.
21. Environmental concerns continue to be an area of major conflict, as one expert pointed out that resource owners have, on a number of occasions taken the law into their own hands in response to their concerns over environmental destruction and lack of adequate compensation frommulti-national corporations, foreign or local companies in mining, logging, hydro-electric dams or tourist development projects. A contributing factor has been corrupt politicians and governments. This problem has contributed to an increasing incidence of armed conflicts in many parts of the world including Africa and the Pacific.
22. Experts stated that the destruction of the environment has led to the unsustainability of land for traditional economic livelihood patterns that once thrived in many areas. As a result, indigenous peoples are migrating into cities where they have become environmental refugees and because of their poor economic status, are living in shanties, slums and waterfronts with its attendant risks especially in terms of human rights protection. Further, these slums continually face demolition by government.
23. Experts stated that despite the existence of Multilateral Environmental Agreements such as the Convention on Biological Diversity,many Latin American countries continue prioritizing their economic development in the region instead of implementing their obligations to protect the environmental for future generations.
24. According to the USAID’s analysis of Brazil “the four principle threats to the biodiversity and tropical forest resources of Brazil include unsustainable logging practices, habitat conversion driven by agricultural expansion, urban and industrial development, and poaching and animal trading. Other threats include increased flammability of forests, domestic and industrial energy demands and the introduction of exotic species”.[1] These threats without doubt apply to many regions of the world.
25. Experts noted that legal measures and frameworks recognizing indigenous peoples’ customary law and its implementation is required in order to allow control by indigenous peoples over their biodiversity, lands, territories, biological and genetic resources.
26. Experts pointed out that the right to Free, Prior and Informed Consent is imperative to protecting indigenous people’s lands, territories and their resources in order to maintain and protect their environment for future generations.
III. Conclusions and recommendations
Conclusion
27. Experts concluded that past experience has shown that neither monetary compensation norlivelihood projects could replace or surpass the destroyed ancestral land and traditional livelihoods of affected indigenous peoples. The solution to restoring a highliving quality and ending the permanent destruction of the environment is to stop destructive large-scale corporate mining, and decommission unviable tailings dams and mega dams. Alternatives such as chemical-free traditional small-scale mining methods and community-based microhydros need to be promoted and supported.
28. Experts concluded that economic market oriented development has contributed greatly to the degradation of indigenous people’s lands, territories and biological and genetic resources. This is further outlined in the Millennium Development Goals which state that although many countries have adopted principles of sustainable development and agreed to international accords for protecting the environment, land is still being degraded, forests are being lost and fisheries over-used, plant and animal species are becoming extinct, and carbon emission is leading to climate change.
29. Experts concluded that transborder contamination is a major catastrophe which is not widely known. This situation is further complicated because there are often a number of countries involved, many of whom favour development over the environment. There is a real need to bring these serious issues to the attention of the public as well as to the relevant officials. It is critical to find out what mechanisms are available to change this situation.
30. Participants suggested there is a need to explore whether opportunities exist to form a joint body consisting of relevant peoples and officials of neighbouring countries. This was of particular interest to the experts from Khabarovskkrai who spoke about the need for better efforts by the governments of the Russian Federation and the Peoples’ Republic of China. Further, there is also a need to attract United Nations agencies such as the United Nations Environment Programme (UNEP) as well as nature conservation and environmental organizations, due to the urgent and critical situation of the Amur River.
31. Pollution of food sources has a serious impact on most indigenous peoples and their communities. For example, polychlorinated biphenyls (PCBs) are found in mother’s milk and the placenta of new born babies. Other serious illnesses such as cancer, liver and heart disease are very high among family members of all ages. Experts also pointed out that the results of scientific studies that have already been undertaken in some of the regions affected by pollution are not widely known by the public or Health Care Departments. Experts also stated monitoring the health of indigenous peoples should be an on-going issue.
32. Experts pointed out that although there are some legal frameworks and multilateral environmental agreements in Latin America indigenous peoples still face a lack of implementation of these instruments and a lack of remedies. Most of the time, indigenous communities have to mobilize and address the international community to be heard by their respective countries. Latin American governments must act to promote the environmental benefit for humanity and to ensure that indigenous peoples enjoy the protection and rights they are entitled to enjoy under international law.
33. It was concluded that the findings of the Special procedures’ mandate holders, in particular the Special Rapporteur on toxic wastes[2] and the special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous people, reveal that national policies, laws, regulations and programmes concerning environmental related pollutions do exist in many countries. However, despite the work of a range of actors, including ministries of agriculture, lands, water resources, environment, rural development and health, difficulties remain, and shortcomings to address the issue primarily lie in the lack of implementation of existing laws, regulations and policies.
34. It appears that even when cultural and environmental impact studies together with drastic label requirements[3] are put in place to protect the health and well-being of indigenous peoples, and to preserve their environment and means of subsistence, communities who are directly or indirectly exposed to pollution are not aware nor informed whether they comply with any such laws and regulations. This lack of dissemination of information on remedies available for effective redress, combined with the absence of free, prior and informed consent with the indigenous peoples concerned, regarding the planned activities and the related regulations protecting their rights, pave the way for systematic and disproportionate violation of their collective and individual human rights.
35. It was concluded that the review of the human rights machinery jurisprudence underlined that the administrative and judicial remedies that indigenous peoples have utilized to address the environmental degradation of their lands and natural resources and recover their rights, had proved ineffective. The apparent failure by States to comply with international environmental instruments is often explained by the argument that the pollution, evictions and other related human rights issues do not breach human rights obligations because they are carried out in a manner consistent with domestic legislation. Government also often claimed that legal recourse was available to those individuals who wished to challenge the evictions or any development-based activities.