INDIGENOUS PEOPLES IN

CENTRAL AMERICA

Student: Isabel Sorlozano Trigos

Tutor: Dora Sales

Master of Advanced Studies in Peace, Conflict and Development

First term paper

INDEX: Indigenous Peoples in Central America

I. INTRODUCTION: SCOPE AND OBJECTIVES OF THE STUDY…………...3

II. THE CONQUEST IN CENTRAL AMERICA: HISTORICAL AND LEGAL ISSUES………………………………………………………………………………….4

a. Sociopolitical aspects________________________________________4b. Legal issues _______________________________________________7

III. TODAY’S SITUATION OF INDIGENOUS PEOPLES………………………9a. Global situation ____________________________________________9b. Situation in Costa Rica _____________________________________11

IV. INDIGENOUS PEOPLES AND THE HUMAN RIGHTS…………………...14a. Instruments addressed to Indigenous Peoples’ Rights _____________14b. Indigenous’ Human Rights in Central America __________________18

V. FINAL CONSIDERATIONS: IN DEFENSE OF CULTURAL DIVERSITY…...20

VI. BIBLIOGRAPHICAL REFERENCES……………………………………………23a. Booksb. Websitesc. Other publications

I. INTRODUCTION: SCOPE AND OBJECTIVES OF THE STUDY

Central America as an economic, political and social region has always been

characterized by its diversity. Mainly due to great differences in natural resources,

climate conditions and the presence of indigenous population itself, the geophysical

features of Central America have contributed towards the maintenance and deepening of

the diversities.

In the pre-Columbine era, the territory was inhabited by around sixty indigenous groups

that were not separated by enormous development differences, but by own sociopolitical

identities in forms of tribal organizations. In the first section of this paper, it is

necessary to study the Spanish conquest as a huge process of homogenization that

started at the beginnings of the 16th century. Nevertheless, the pre-columbine mosaic has

never completely disappeared because some indigenous groups achieved to survive with

their old life and culture patterns.

This process of homogenization had many social consequences. The colonial order

established by the Spanish Crown set up a new social structure still remaining today -a

complex social, political and administrative structure, based on the one hand on an elite

of landowners and civil, military and ecclesiastical officials; and on the other hand, on

masses of workforce mainly formed by the indigenous people, but also by native

African population. The members of the working masses were to suffer painful

situations and the trends of injustice and inequity since that time.

This order was to structure society for centuries. Most indigenous communities have

been since then in extremely delicate situations; many have already been destroyed or

weakened, their security and integrity compromised. In the second part of this paper, we

will focus on their living conditions today, partly as a consequence of older oppressive

systems.

It is interesting for us to see what instruments are available for the advancement of

indigenous rights. At this point, some data collected from several reports will show that

their Human Rights are not always guaranteed.

Our research intends to be a reflection on indigenous issues for two main reasons –

which are in turn highly connected: first, I have always kept a deep interest in the topic

of indigenous peoples and their rights. Secondly, my internship is going to be developed

within the indigenous organization CEDIN in Costa Rica next summer. Therefore, I

consider very important to gain a better knowledge of the past and present situation of

indigenous’ issues.

Due to spatial limitations, our paper will not be an exhaustive in-depth analysis of either

one aspect of the issue, though it must be recognized that much greater attention should

be paid to each of the topics briefly presented here. Still, a global overview will allow us

to recognize the importance of being increasingly aware of these issues and to be

efficient with our future work.

II. THE CONQUEST IN CENTRAL AMERICA: HISTORICAL AND

LEGAL ISSUES

For a global study on the conquest in Central America, the most relevant issues found in

the second volume of the history compendium Historia General de Centroamérica,

(Pinto Soria, J. C., 1993) are analyzed. Therefore, the references to be found here refer

exclusively to this work.

II.a) Sociopolitical aspects

Our whole research could be devoted just to study one of the following key phenomena

that characterize the colonial society in Central America: the formation of frontiers

(which defined specific economic regions or administrative provinces), the

demographical trends (drop off of the aborigine population and later partial recovery),

or the establishment of a new and complex bureaucratic, military and ecclesiastical

apparatus.

However, what is relevant for us here is to account that these phenomena took place in

very unequal ways. Indeed, the increase of the control of the colonial elite over the

lands and the indigenous peoples always sought to facilitate the exploitation of the

conquered territories. In that sense, the processes are unstable and it is not adequate to

make generalizations.

In fact, the process of the conquest of the Central America region is itself also very

heterogeneous. At least “three conquering groups disputed on the dominance of the

territories and at the end imposed an own-interests based regionalization” (p. 10). In the

sixth volume of this historical compendium, the conquest is studied in the five countries

of the region (Costa Rica, Nicaragua, Honduras, El Salvador and Guatemala). The

region of Chiapas (Mexico) is included in their research because it was part of the

Guatemalan Kingdom during the Columbine era. Panama and Belize are disregarded

due to geopolitical reasons. In a deeper study, we could not guarantee our agreement

with that decommitment towards the history of Panama and Belize, which are

furthermore much disregarded in reports and textbooks.

Many aspects of the history of Central America remain unknown. As the authors affirm

in the compendium, “there are huge lapses in the historiography of the region (…) as in

any country of the world” (p. 17). We know today that the process of colonization

longed for more than three centuries. It culminated around 1821 when the Independence

from Spain was achieved (and also when the provinces settled apart from the

Guatemalan Kingdom and formed new national states).

We have seen that the process of the conquest was not homogeneous. This was mainly

due to three reasons, as summed up from the compendium: the dispute of several

conqueror groups over the territories (as mentioned before), the slow process of

colonization, and the lack of economic activities in continuum that could have given a

more integrative effect. Both second and third reasons are very connected because the

discoveries of new lands and richness made the conquerors want to control more

territories, thus usually moving the centre of their exploitation from one part of the

continent towards another. In those continuous moves, indigenous population was

forced to move to other distant places in order to work. Vast segments of their

population died in the resettlements. For instance, more than 2.000 indigenous people

died in the cold Andes of Ecuador.

Resettlement is one of the many problems that indigenous population suffered in the

Columbine era. The “traumas and fractures in their society caused by the conquest are,

needless to say, irreversible: the population was decimated in many places (Costa Rica

and Honduras) and in other places it could not be recovered during three centuries of

colonial domination” (p. 12). While the aborigine population was reduced from 5

million people to one fifth, a number of Spanish people moved to those places offering

various enrichment possibilities.

The initial inequalities caused were later accentuated by the exploitation of natural

resources. In the 16th century, some countries such as Honduras or Nicaragua did not

count on indigenous workforce anymore (their population having been dramatically

reduced). Further projects of colonization in those territories were not interesting to the

conquerors. This evolution of peaks and declines depended basically on the possible

commercialization of the goods (tar, cacao, fur, etc.). As the richness in other regions

was being discovered (mostly in Mexico and Peru), Central America quickly became a

colony of second or third category. The consequences were a more slowly and unequal

expansion of the Spanish Crown –which in turn ended up in unequal forms of social,

economical and political control.

The results are various: depending on the case, we could speak about high levels of

indigenous survival (Guatemala) or about empty territories and semi-inhabited towns.

As we know now, the big differences between provinces originated different types of

societies in today’s Latin-America. Unequal rhythm of colonization caused a

regionalism that lasts today. Demographical trends nowadays “emerged in that time,

especially to what concerns the origin of population, whether predominantly European

or indigenous” (p. 13). As mentioned in the book, a lack of indigenous workforce in

Costa Rica resulted in the creation of small/medium size proprieties directed by white

and mestizo landowners. This phenomenon differed from the demographical formation

in Guatemala, where a bigger presence of indigenous population can still be observed

today.

There is in fact a lot of information concerning indigenous population during the

Columbine era. The Spanish Crown emitted a huge number of royal warrants to

indigenous people in order to keep them as their workforce. These warrants were

supposed to limit their exploitation by the landowners, “protecting” and “civilizing”

them. This leads us to our next section related to the legal issues within the study of

indigenous population.

I.b) Legal issues

Huge numbers of laws and rules passed during the Columbine era. Indigenous peoples

constituted the main workforce for the Spanish Crown. In order to keep that precious

force, and also in order to be able to count their “goods”, continuous legislation was

passed regarding indigenous population.

The creation of a cast society was highly legislated. In that new society, the indigenous

people were “catalogued as minors” (p. 14). The aim was to justify and facilitate their

exploitation. The society was conceived as a racist rigid structure which was very

efficient to transfer the goods and lands of indigenous peoples to the new conquerors.

Due to the existence of extensive legislation, it is actually very easy to understand the

situation during the Columbine era.

Around the 1540’s with the promulgation of the Leyes Nuevas (New Laws), legally the

new officials were not entitled to the land ownership. They were “just” entitled to

receive taxes and labor force from the native population, while they had to guarantee

their military service and their payments in arms and horses to the Crown. The conquest

in its first decades was actually not strongly legislated, maybe because it was a genuine

wish to Christianize the indigenous peoples. Soon it became an attempt to use them as

workforce in order to exploit the New Land. Many officials achieved the power over the

lands, whether legally (approved by the Crown) or not. Thus, they quickly became the

abusers and exploiters of the oppressed indigenous groups.

In fact, the later conception of a highly legislated society was not precisely the same

during the first decades, where some anarchy governed the unstable administration and

concession of lands. For instance, “in Costa Rica the first division of lands took place

illegally in 1569, when the governor Perafán de Rivera divided the territory under

critical circumstances for the survival of the province” (p. 41).

The new landowners were unconfident about the duration of their possession of the so-

called “uncivilized peoples”. Following the laws, they had the control over the native

population during one life. That is precisely why they fought for perpetual possession.

They argued that hereditary concession would end up in a better treatment of the

indigenous population and also that more Spaniards would remain in the New Land.

However, the Spanish Crown slowly passed legislation favorable to its power: all

concessions would be under its control, so that “owners” could be easily changed. Thus,

the native population often changed from one landowner to another (relatives or friends

of the new conqueror). This resulted in indigenous rebellions and their repression by the

new conqueror, who in turn received a pacified people afterwards. We can easily

imagine how brutally the interests of new governors affected to the lives of the native

population, in strong contrast to the Crown’s aim of optimizing the exploitation levels.

As a result, the desired colonial pax was never completely achieved because the

oppressive establishment of the colonial system was always questioned by the

indigenous population -who fought collectively to change the status quo of the

conquest. We can see what the meaning of their colonization was in the following

excerpt of one of the Declarations by the people of Queztaltenango (p. 295):

“(…) Ytem dan doce tercios de leña, seis por la mañana y seis por la tarde. Ytem dan veinticuatro tercios de sacate para las mulas y terneros, que cuando menos son veinte mulas. Ytem en los días de viernes, sábados o vigilias dan treinta y cinco huevos (…). Ytem doce muchachos que sirven de semaneros que están sirviendo y se remudan cada quince días (…)”i

To finish this section, we would like to contrast the facts presented above to the

meaning that colonization had for the elite during many centuries. The following

excerpts are from the book Historia de Guatemala, and they are part of the archives of

the Consejo de Indias. Concretely, they are from a letter sent by the governor of

Guatemala, Mr. de Fuentes y Guzmán, to the Majesty of the Spanish Crown in 1689:

“La España explotaba el oro, sin duda alguna, y con él enriquecía á la Europa, derramándolo en las guerras, que mientras fué rica no consiguió acabar; ; pero sus grandes esfuerzos los dirigió preferentemente á implantar allí la civilización como aquellos tiempos la comprendían, y á procurar que no se destruyesen los indígenas; que conservándose y creciendo y asimilándose á los dominadores durante los trescientos años de posesión , sirvieron en la época presente para fundar en la que fué América española las nacionalidades que hoy existen y se desarrollan y se dirigen á un gran porvenir. ¿Podía España hacer más? (…)

Indios salvajes, que se acercan alguna vez á los agentes del gobierno para recibir víveres y vestidos, 98.io8; los que obligados al trabajo se someten periódicamente y mientras llenan sus necesidades, 52.ii3; los que han aceptado lotes de tierra, animales y útiles agrícolas y habitan en sus haciendas, xoo.o85; á los que pueden añadirse i5.3oo (…)i5.oi6 holgazanes y vagabundos (…)

(…) díndoles algunos dones estimables según su aprecio deltos (to the natives), que para nosotros fueran ligeros y despreciables; siendo esto lo que en lo común y general se practica, que en lo particular también hay indios que generosamente nos imitan, dándoles á sus hijas buenas y considerables porciones de caudal en sus casamientos. Todos ellos, generalmente, en el día que reciben el augustísimo sagrado cuerpo de Cristo Señor nuestro Sacramentado, comen en estos días de comunión muy parcamente, dándose á la continencia y ayuno (…)”

III. CURRENT SITUATION OF INDIGENOUS PEOPLES

III.a) Global situation

We have learnt about the Spanish conquest of Central America, which is most important

when considering the lasting repression of the indigenous peoples. Most relevant for us

too is to know the consequences and the current living conditions of the indigenous

population in a region that has ever since then -very significant to admit- suffered

oppression and dictatorial systems.

The situation of indigenous peoples in Central America -and in many other parts of the

world- is critical today. As the data of the United Nations’ Permanent Forum on

Indigenous Issues shows, poverty rates are significantly higher among indigenous

peoples compared to other groups. While they constitute a scarce 5 per cent of the

world's population, they represent the 15 per cent of the world's poor.

Indigenous peoples are facing systemic discrimination and exclusion from political and

economic power since a long time ago. They are not only over-represented among the

poorest, the illiterate, and the destitute; they are also displaced by wars and

environmental disasters; dispossessed of their ancestral lands and deprived of their

resources for survival.

In more modern versions of market exploitation, indigenous peoples see their traditional

knowledge and cultural expressions marketed without their consent or participation. In

fact, indigenous peoples extensively contribute to humanity's cultural diversity,

enriching it with more than two thirds of its languages ii and an extraordinary amount of

its traditional knowledge (UN data).

The UN State of the World's Indigenous Peoples is alarming. However, it claims that

there is some cause for optimism: the international community increasingly recognizes

indigenous peoples' Human Rights, most prominently evidenced by the UN Declaration

on the Rights of Indigenous Peoples (we will come to this later).

In order to examine what is the current situation of indigenous population in Central

America, we are going to have a look at the reports of the World Bank which are

basically aimed at settling alternatives and new agenda favorable to the group. The

Report Indigenous Peoples, Poverty and Human Development in Latin America is a

research on the Indigenous Peoples’ Decade (1994-2004) –announced by the UN. It

focuses on the improvements that were achieved during this time. Other countries with

noticeable indigenous presence are studied in this report. However, what is important is

to briefly consider the case of Guatemala as conclusions can in this case be mostly

generalized towards other indigenous groups in Central America.

Before setting some points related to human development gains/ losses for indigenous

groups, we must take into account one important consideration: the investigated forms

constitutive of poverty do not account on the richness of cultural and spiritual traditions,

which can of course not be numerically measured. This is a strong contradiction, but yet

the data shown in the Report will allow us to make some conclusions:

- Pattern suggests that “where gains in poverty reduction are being made (due to

governmental efforts), indigenous people are benefitting less” (p.3). In Guatemala,

indigenous poverty rates fell in a slower pace than for non-indigenous groups (during

the decade, the difference rate was a 10%).

- “Being indigenous increases an individual probability of being poor, and this

relationship was the about the same at the beginning and the close of the decade” (p.4).

This probability is increased from 13% to 30%, depending on the country.

- There are strong earning disadvantages and labor discrimination. Following the

Report, this may be caused by lower quality education and years of schooling.

Guatemala registers the lowest absolute levels of indigenous education, averaging just

2.5 years of schooling. The data in the Report shows that the schooling gap between

indigenous and non-indigenous groups is 3.2 years. It also points out major differences

in student performance, which are caused by two factors: high child labor rates within

indigenous children (who must combine work and education) and worse quality of

education.

- “Indigenous people, especially women and children, continue to have less access

to basic health services (…), with indicators ranging from maternal mortality to in-

hospital birth and vaccination coverage” (p.8). In Guatemala, health coverage of

indigenous population lags substantially behind than of the rest of the population (only

5% of indigenous people being covered by health insurances in 2000). Furthermore,

indigenous children continue to exhibit extremely high malnutrition rates.

- Not all poverty targeted programs reach indigenous population although they are

unfortunately over-represented amongst the poor. In Guatemala, for example “nutrition

programs only slightly favor indigenous people” (p.9).

These conclusions are alarming, even though they are well-known today. The Report

ends with four main objectives to be settled in a new agenda, which include (p.12):

- To provide more and better education (implementing bilingual and multicultural

programs and increasing access to secondary school).

- To promote equal opportunities for indigenous children through improved health

programs (increasing funding, training skilled mediators for language/culture

sensitivity, addressing malnutrition, etc.).

- To improve accountability in the delivery of social services for the group.

- Making bigger efforts regarding data collection aimed to identify their specific

needs.

We will study in the next section what rights should be in fact enjoyed by indigenous

peoples, with the Human Rights perspective at the centre of our attention.

III.b) Situation in Costa Rica

The Ley Indígena Nº6172 of 29 November 1977 (to which we will come later) refers to

the indigenous person as “who is direct descendant of the pre-Columbine civilizations

and is constituent of an ethnic group that preserves their particular identity”. In Costa

Rica there are 8 socio-culturally different groups living in 24 territories and speaking 6

indigenous languages, apart from those indigenous groups that have migrated (such as

the Miskitos in Nicaragua and Ngäbes in Panama, who work for agricultural production

is several parts of the country). The indigenous groups and their corresponding

territories are as follows:

1. Huetar: Quitirrisí y Zapatón2. Maleku: Guatuso3. Chorotega: Matambú4. Bríbri: Salitre, Cabagra, Talamanca, Bribri and Kekoldi Cocles5. Cabécar: Alto Chirripó, Tayni, Talamanca Cabécar, Telire, Bajo Chirripó, Nairi

Awari y Ujarrás6. Brunca: Boruca y Rey Curré7. Guaymí: Abrojo Montezuma, Coto Brus, Conte Burica y Osa.8. Teribe: Térraba

Following the Census of the year 2000 by the INEC (Statistics National Institute of

Costa Rica), indigenous population make up a total of 63,876 people, representing only

the 1.7% of the population of the country. More than half of this population is younger

than 18 years, and a scarce 4% is older than 65 years.

In the district of Brunca (where I will be doing my internship), there are two ethnic

groups living (Boruca and Curré). In the area there are 3.396 people, from which 51%

are indigenous.

Indigenous population lives mostly in rural areas or the surroundings of their territories.

These areas tend to show a lower human development level (for instance, the

Talamanca canton is one of the biggest regarding population, but it is the number 81 in

the Human Development Index of the UN).

There are some differences on the way indigenous peoples subsist. However, generally

they live from agriculture of basic products, handcrafts and tourism (as for instance in

the Boruca canton).

Unfortunately, some of the cultural manifestations of these groups have been affected

by the dominant culture. Indigenous peoples have historically fought for the defense of

their culture and their natural resources. They suffer great disadvantages regarding

health and education, as previously seen. Moreover, the loss of territories and the lack

of governmental support weaken their strength.

Nevertheless, the Ley Indígena of 1977 establishes in its Article 2 that the indigenous

territories (delimited by the law) are propriety of the indigenous peoples living in them.

I fact, the ownership corresponds to the collectivity of the indigenous community (to all

of their members). These territories are inalienably, exclusively and imprescriptibly

owned by the indigenous peoples who live within. Article 3 of the Law states so:

Artículo 3- Las reservas indígenas son inalienables e imprescriptibles, no transferibles y exclusivas para las comunidades indígenas que las habitan. Los no indígenas no podrán alquilar, arrendar, comprar o de cualquier otra manera adquirir terrenos o fincas comprendidas dentro de estas reservas. Los indígenas sólo podrán negociar sus tierras con otros indios. Todo traspaso o negociación de tierras o mejoras de éstas en las reservas indígenas, entre indígenas y no indígenas, es absolutamente nulo, con las consecuencias legales del caso. Las tierras y sus mejoras y los productos de las reservas indígenas estarán exentos de toda clase de impuestos nacionales o municipales, presentes o futuros.

In that sense, the indigenous reserves cannot be sold, or lost by prescription. Due to the

exclusivity and non-transferability of the territories, any other transaction with non-

indigenous groups would be invalid regards to the law.

Artículo 5- (…) Si posteriormente hubiere invasión de personas no indígenas a las reservas de inmediato las autoridades competentes deberán proceder a su desalojo sin pago de indemnización alguna.

The Ley Indígena establishes the exclusive right of the indigenous peoples over the

exploitation of the natural resources in the reserves. ADI (Asociaciones de Desarrollo

Integral) are responsible for the delimitation of the lands and the resources, in

cooperation with CONAI (Comisión Nacional de Asuntos Indígenas).

Artículo 6- (…) Solamente los indígenas podrán construir casas, talar árboles, explotar los recursos maderables o plantar cultivos para su provecho dentro de los límites de las reservas.

Artículo 7- Los terrenos comprendidos dentro de las reservas, que sean de vocación forestal, deberán guardar ese carácter, a efecto de mantener inalterado el equilibrio hidrológico de las cuencas hidrográficas y de conservar la vida silvestre en esas regiones. Los recursos naturales renovables deberán ser explotados racionalmente (…)

Artículo 8- El IDA, en coordinación con la CONAI, será el organismo encargado de efectuar la demarcación territorial de las reservas indígenas, conforme a los límites legalmente establecidos.

Artículo 9- Los terrenos pertenecientes al IDA incluidos en la demarcación de las reservas indígenas, y las Reservas de Boruca-Térraba, Ujarrás, deberán ser cedidos por esa institución a las comunidades indígenas.

Indigenous people are indeed protected by the law, but as Caijao (professor in the

Universidad Nacional and coordinator of E-Law in Costa Rica) affirms in her essay

(2002): the political will has since then depended on the government in turn and also the

compromise of the population of Costa Rica with the indigenous territories is

insufficient.

IV. INDIGENOUS PEOPLES AND THE HUMAN RIGHTS

This section is divided into two parts. First, we will briefly see some of the efforts that

have been made over the last decades to increase the recognition of indigenous rights. It

needs to be noted from the very beginning that “full accommodation of their rights

remains elusive” (Sambo, 2009:191). As this author argues, further to a general elusion

of the passed legislation and recommendations, remnants of colonialism still apply with

nuance and subtlety have become difficult to identify. This assumption justifies the

structure of our paper.

We will now first see some of the progresses achieved, and will then come back to the

unaddressed needs of indigenous peoples. It must be noted that indigenous peoples are

supposedly entitled to benefit from all existing Human Rights instruments, but we will

mention just some that may be more relevant regarding their particular contexts.

IV.a) Instruments addressed to Indigenous Peoples’ Rights

- The Charter of the United Nations (1945) can be considered the starting point for

the internationalization of Human Rights. In particular, Article 13 stated the central

purpose of the organization as one of “promoting and encouraging respect for human

rights and for fundamental freedoms for all, without distinction as to race, sex, language

or religion”.

- Dating back to 1921, the International Labor Organization (ILO) is one of the

few intergovernmental organizations to have concerned with indigenous peoples. In

June 1957, the ILO adopted Convention No. 107 concerning the Protection and

Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent

Countries, ratified by only 27 States. It encouraged the gradual assimilation of

indigenous individuals into national societies and economies, thus legitimizing the

gradual extinction of indigenous peoples as such. Moreover, the Convention

presupposed complete state control over the affairs of indigenous peoples. As one might

guess, many indigenous peoples have strongly criticized the ILO (Sambo, 2009:200).

Therefore, there is a revised ILO Convention No. 169 (1989) reinforcing indigenous

rights and standards relating to the environment, development and direct participation in

matters affecting their rights, lives and territories. This updated instrument, which

remains open for state ratification, and the other Convention, are “the only legally

binding international treaties that deal specifically with indigenous rights and,

furthermore, include a recourse mechanism: the Committee of Experts on the

Application of Conventions and Review of Recommendations” (Sambo, 2009:200). It is

an effective method for controlling government actions toward indigenous peoples in

those countries where the Convention has been ratified. This mechanism cannot be

underestimated. “Because of the efforts of trade unions and support groups such as

Survival International and Amnesty International, even application of the outdated

Convention No. 107 has saved lives”.

- The Committee on the Elimination of Racial Discrimination (CERD) is a body

of the United Nations High Commissioner for Human Rights that was created back in

1970. It is composed by independent experts who monitor the implementation of the

Convention on the Elimination of All Forms of Racial Discrimination by its State

parties. All States parties are obliged to submit regular reports to the Committee on how

the rights are being implemented, and afterwards it examines each report and addresses

its concerns and recommendations in the form of “concluding observations”. Three

other mechanisms through which the Committee performs its monitoring functions are

relevant to reduce racial discrimination against indigenous peoples: the early-warning

procedure, the examination of inter-state complaints and the examination of individual

complaints.

- The American Declaration on the Rights of Indigenous Peoples emerged in early

1989 on a regional basis: the Organization of American States (with a strong history of

dealing with indigenous peoples’ issues) published it, almost certainly prompted by

both the revision of ILO Convention No. 107 and the elaboration of the Declaration by

the United Nations. This is another thread that can be woven into the overall trend of the

international community’s willingness to consider the Human Rights of indigenous

peoples. The mechanisms of the OAS (the Inter-American Commission on Human

Rights and the Inter-American Court of Human Rights) issued a number of significant

decisions relating to indigenous peoples. If implemented by states parties, these should

not only address particular cases of denials or violations of Human Rights of individuals

but also set important precedents for systematic change across the region (Amnesty

International, 2007:25).

- The Geneva Declaration on the Health and Survival of Indigenous Peoples ,

adopted at a 1999 World Health Organization consultation. It reminded the international

agencies and the states of their obligations and responsibilities towards the promotion

and protection of indigenous peoples. Health and survival were at the core of the

Declaration; however, the indivisibility and interdependence of rights is highlighted.

- Other International Covenants , such as the Universal Declaration of Human

Rights, have been used as a starting point for the codification of first and second

generation rights. There is increasing awareness and use of the treaty-based Human

Rights bodies by indigenous peoples, as well as greater sensitivity toward indigenous

peoples’ rights and issues being shown by their respective members (p. 202).

- 1994-2004 Decade of the World’s Indigenous Peoples was declared by the UN

to focus world-wide attention on Human Rights violations, the destruction of

environments and cultures, and the continuing struggle for recognition of indigenous

people's rights to their ancestral territories. Its program included:

Protection of the rights of indigenous people while empowering them to make choices that enable them to retain their cultural identity;

Educating both indigenous and non-indigenous societies on the situation, cultures, languages, rights and aspirations of indigenous people;

Implementation of the recommendations pertaining to indigenous people adopted at the international conferences of the 1990s;

Completion and adoption of the UN declaration on the rights of indigenous people;

Worldwide observance of the International Day of the World's Indigenous People on 9 August each year (…).

Source: http://www.un.org/rights/indigenous/mediaadv.html

- The United Nations Permanent Forum on Indigenous Issues established in 2000

by the Economic and Social Council, on the recommendation of the Commission on

Human Rights. It is the culmination of a process started at the Vienna World

Conference on Human Rights in 1993. As stated in the previous Charter, its

establishment became one of the central objectives of International Decade of the

World's Indigenous people. The Forum reports and makes recommendations to the

Council on economic and social development, culture, the environment, education,

health and Human Rights. In addition to advising the Council, the Forum has been

asked to raise awareness, promote the integration and coordination of activities relating

to indigenous issues within the UN system, and prepare and disseminate information on

indigenous issues.

- The Declaration on the Rights of Indigenous Peoples was adopted by the United

Nations General Assembly in 2007. It reinforced the need for instruments and processes

that accommodate cultural diversity. Indeed “this was the ultimate objective of the

Declaration” (Sambo, 2009:195). Article 3 embraces the right to self-determination,

which is most important to indigenous peoples following some of their public

interventions; and Article 23 addresses indigenous peoples’ right to determine their own

priorities for development. Indigenous peoples have consistently regarded the right to

self-determination as a prerequisite to the protection and promotion, as well as the

exercise and enjoyment, of all other Human Rights.

- The newly established Expert Mechanism on the Rights of Indigenous Peoples

(2007) by the Human Rights Council of the UN may also help to substantively respond

to the urgent Human Rights conditions being suffered by indigenous peoples

worldwide. The Mechanism is made-up of five experts, including indigenous persons. It

provides expertise on issues related to indigenous peoples’ rights. It may also make

proposals for the Council’s consideration. Through its advice to the Human Rights

Council, it helps to provide a better understanding of the Declaration and other

standards concerning indigenous peoples.

Despite the existence of those major legal instruments, we will now see that indigenous’

rights are at stake in Central America.

IV.b) Indigenous’ Human Rights in Central America

The use of a human-rights based approach to advancing indigenous interests and

concerns is actually critical to the future of their peoples because the approach is

worldwide known and mostly recognized. However, a number of distinctions should be

made when considering the universality of Human Rights and the way they are

concretized when addressing indigenous’ issues. For example, indigenous concepts are

not confined to human beings but include all living things –as there is a unique

relationship between them and their natural environment that has, indeed, permeated

their identity and their life perspectives.

Another consideration relates to the fact that the collective rather than individualistic

nature of indigenous societies might be disregarded in a narrow view of individual

Human Rights. Their values and traditions include deference to elderly, family roles,

knowledge and preservation of language and spirituality, amongst others. These and

more components are specific of indigenous cultures and constitute important

intergenerational responsibilities and duties. Therefore, despite the fact that “indigenous

peoples have translated their worldviews into a human rights discourse, through the

borrowing of terminology and ideals” -as Sambo argues (2009:190), it is necessary to

be aware that the needs of indigenous peoples are very specific. A good illustrative

example would be the practice of consensus decision-making and consultation, which is

common within most indigenous communities.

Despite all the positive international Human Rights standard-setting developments,

indigenous peoples continue to face serious abuses on a day-to-day basis.

Issues of violence and brutality, continuing assimilation policies, marginalization, dispossession of land, forced removal or relocation, denial of land rights, impacts of large-scale development, abuses by military forces and armed conflict, and a host of other abuses, are a reality for indigenous communities around the world. Examples of violence and brutality have been heard from every corner of the indigenous world, most often perpetrated against indigenous persons who are defending their rights and their lands, territories and communities (Sambo, 2009:203).

As Amnesty International denounce in their 2007 Report, following a history of

discrimination against indigenous peoples by national judicial systems, indigenous

peoples frequently distrust formal justice systems. Many times, this is what occurs:

victims often do not report incidents of sexual violence to the police because they

believe they will be met with indifference and inaction, or even blamed for the incident.

As a result, this non-reporting creates a climate of impunity where sexual violence is

seen as normal.

Indigenous peoples frequently raise concerns about systemic discrimination and outright

racism from the State and its authorities. At their most extreme, these forms of

discrimination lead to gross violations of Human Rights, such as murder, rape and other

forms of violence or intimidation. These forms of discrimination are often either

difficult to quantify and verify or are simply not documented by the authorities, or not

disaggregated based on ethnicity.

In many countries, indigenous people are persecuted because of their work in defense of

their Human Rights and fundamental freedoms. Amnesty International denounces

(2007:131) that in Guatemala, during 2006 more than half of the reported 278 attacks on

Human Rights activists and organizations were against those focusing on economic,

social and cultural rights, including labor rights, the rights of indigenous peoples and

housing rights. Another example: in July 2006, the Supreme Court acquitted brothers

Leonardo and Marcelino Miranda. They had been convicted of a murder committed in

2001 following a politically motivated trial. The real reasons for their detention were

believed to be their role as Indigenous community leaders and their efforts to obtain

official recognition of communal land titles. Complaints by the brothers of threats and

torture had not been investigated by the end of the year. Also in Honduras, individuals

and organizations involved in defending the Human Rights of Indigenous and rural

communities continued to be attacked and intimidated.

Needless to say, these and numerous other gross rights violations and abuses are

perpetrated against indigenous peoples—as collectivities or as individual men and

women—on the basis of their identity and marginalization, and, in the case of

indigenous women, on the basis of their sex. Unfortunately, such discriminatory actions

have been constant, from the time of first contact with outsiders to the present. We will

see one passage of the Amnesty International 2007 Report concerning Human Rights

related to gender and to ethnicity:

Violence against women continued to be widespread throughout (Latin America). Governments failed to uphold laws that criminalize violence against women in the home and the community, nor did they provide support and protection for victims

of violence (…) demonstrating a fundamental lack of political will to end the endemic violence against women.Despite national and international indignation, the pattern of killings of women continued in El Salvador, Guatemala, (Colombia), Honduras and Mexico, among other countries. Violations of the rights of Indigenous peoples, including violence against women and girls, were reported throughout the region. Indigenous peoples continued to face entrenched racism and discriminatory treatment. Denied adequate protection of their right to live on and use the lands and territories vital to their cultural identity and their daily survival, Indigenous communities were often driven into extreme poverty and ill-health (p. 24).

Another aspect that would be worth of an entire PhD is made up by the effects of large-

scale or major development projects on Human Rights. The Special Rapporteur on the

situation of the human rights and fundamental freedoms of indigenous people of the

UN, Rodolfo Stavenhagen, denounced in his Report of 2003 some of their effects on the

Human Rights of indigenous peoples by stating that:

The principal human rights effects of these projects for indigenous peoples related to loss of traditional territories and land, eviction, migration and eventual resettlement, depletion of resources necessary for physical and cultural survival, destruction and pollution of the traditional environment, social and community disorganization, long-term negative health and nutritional impacts as well as, in some cases, harassment and violence. (Stavenhagen, 2003:2).

Due to major projects but also due to corporations, Human Rights violations are taking

place in Central America. In Costa Rica, for example, forced removal, clear-cutting of

forests, military abuses, and deaths and disappearances are occurring (Sambo, 2009:

205). Corporations have long resisted binding international standards. The need for

global standards and effective accountability becomes even more urgent as

multinational corporations from diverse legal and cultural systems emerge in a global

market. The push for land, timber and mineral resources by big conglomerates is

threatening the cultural identity and daily survival of many indigenous communities in

Latin America (Amnesty International, 2007:4).

V. FINAL CONSIDERATIONS: IN DEFENSE OF CULTURAL DIVERSITY

At this stage, the fundamental matters of self-determination, lands, territories and

resource rights, plus many other issues, remain unfortunately unresolved and

contentious.

Indeed, progress is slow and Central America remains one of the most economically

inequitable parts of the world. After centuries of deep-rooted social and economic

problems, there were encouraging signs that some governments in Latin America in

particular were moving beyond a rhetorical commitment to Human Rights towards the

adoption and implementation of social and economic policies that could begin to

address the region’s long-standing inequities. Among the promises made by some new

governments were reforms to address structural flaws, such as inequitable land tenure,

entrenched discrimination in the justice system and lack of access to basic services,

which underpin violations of Human Rights (Amnesty International, 2007:24).

International organizations and national governments are passing policies for

indigenous peoples, but the rights guaranteed in those documents are often unrealized

(as previously explained). The positive side is that indigenous political influence has

lately grown, and that several NGO are playing an important role for to achieve more

indigenous representation (Sambo, 2009).

In the meantime, indigenous peoples are proactive in the defense of their Human Rights.

“Largely due to indigenous peoples organizing themselves nationally and

internationally, we are seeing an important synergy develop between domestic arenas

and international human rights standard setting” (Sambo, 2009:191). Dialogue and

training may be critical to strengthening political organizations as well as developing

political, economic, social and legal strategies with which to promote and protect

indigenous’ rights.

How do indigenous peoples organize themselves for the promotion of their rights?

Indigenous resistance is one of the topics that should be further studied and of which I

intend to deepen my knowledge during the internship. For instance, in Honduras and

Guatemala there were mass protests by indigenous and environmental groups against

the government’s mining policies which they claimed were carried out without proper

consultation and posed a threat to the environment and to the health of people living in

mining areas.

In Nicaragua, in June 2006, indigenous peoples complained publicly to the Inter-

American Commission on Human Rights that the government was continuing to violate

their rights. They alleged that indigenous communal lands remained improperly

demarcated and that the government continued to promote unregulated logging and

award licenses for the exploitation of natural resources without the informed

consultation of indigenous peoples living in the affected areas (Amnesty International,

2007).

Violations of indigenous peoples’ Human Rights are regrettably considerable. The

urgent and dire condition of their rights in Central America requires serious political

will and resources. State government must be compelled to respect and recognize them.

Concrete and urgent action must also be taken by the international community to curb

such abuses and violations, and to actually move toward implementing the instruments

discussed here. In so doing, indigenous peoples may then have some potential for

genuinely exercising their Human Rights.

In an ever more globalized world, indigenous ethnicities constitute a precious richness

at risk. These peoples live in some of the world's most biologically diverse areas. Public

opinion should also therefore be increasingly aware of the potential cultural and social

loss, but also of a potential and irreversible loss of invaluable traditional knowledge

about the biodiversity of our planet. Indigenous tribes are mainly and basically devoted

to respect towards all sentient beings. Let us fight for their empowerment, their

recognition and, most of all, for a truly respectful treatment of their members.

VI. BIBLIOGRAPHICAL REFERENCES

a. Books

. JIMÉNEZ BARTLETT, L. (2009): Diversidad cultural y pueblos indígenas, en

Cuadernos Deusto de Derechos Humanos, Universidad de Deusto, Bilbao. PINTO SORIA, J. C. (1993): Historia General de Centroamérica, vol. II (El

régimen colonial), Ed. Siruela S.A., Facultad Latinoamericana de Ciencias Sociales.

ZARAGOZA, J. (1882): Historia de Guatemala, Biblioteca de los Americanistas, Madrid.

b. Websites

- www.un.org ►United Nations Permanent Forum on Indigenous Issues (http://www.un.org/esa/socdev/unpfii/)

- www.un.org ► United Nations International Decade of the World’s Indigenous Peoples (http://www.un.org/rights/indigenous/mediaadv.html)

- http://cosmovisionindigenacr.blogspot.com/

c. Other publications

- AMNESTY INTERNATIONAL (2007): The State of the World’s Human Rights, Amnesty International.

- CAJIAO, V. (2002): Derechos de los pueblos indígenas costarricenses sobre sus recursos naturales, in Ambientico nº 101, Costa Rica.

- SAMBO DOROUGH, D. (2009): State of the World’s Indigenous Peoples, Chapter VI (on Human Rights), United Nations.

- UNITED NATIONS (2007): United Nations’ Declaration on the Rights of Indigenous Peoples.

- HALL, G. AND PATRINOS, H. (2005): Indigenous Peoples, Poverty and Human Development in Latin America 1994-2004, World Bank.

- STAVENHAGEN, R. (2003): Los proyectos de desarrollo y los derechos de los pueblos indígenas, Consejo de Derechos Humanos de la Organización de las Naciones Unidas.

i The declaration is an extensive account of the taxes and tasks that the native population had to render to the landowner. It accounts for huge amounts of eggs, vegetables, species, corn, and even natives’ workforce. The amounts are enormous, especially if we consider the scarcity of resources in the average livings in that era. ii Of the some 7,000 languages today, it is estimated that more than 4,000 are spoken by indigenous peoples. Language specialists predict that up to 90 per cent of the world’s languages are likely to become extinct or threatened with extinction by the end of the century (data in the United Nations website, accessed on the 27th February 2011)