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Johnson Jament
Association of Artisanal Fishers (AAF)/BlueGreen Coastal/Ocean Resource Centre India
Mayalmit Lepcha
Affected Citizens of Teesta (ACT), Sikkim India (Northeast)
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Aliansi Masyarakat Adat Nusantara (AMAN) Indonesia
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Johnson Jament
Association of Artisanal Fishers (AAF)/BlueGreen Coastal/Ocean Resource Centre India
Mayalmit Lepcha
Affected Citizens of Teesta (ACT), Sikkim India (Northeast)
Muhammad Arman
Aliansi Masyarakat Adat Nusantara (AMAN) Indonesia
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Johnson Jament
Association of Artisanal Fishers (AAF)/BlueGreen Coastal/Ocean Resource Centre India
Mayalmit Lepcha
Affected Citizens of Teesta (ACT), Sikkim India (Northeast)
Muhammad Arman
Aliansi Masyarakat Adat Nusantara (AMAN) Indonesia
Statement of solidarity of the Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) for the 40th Cordillera Peoples Day
The Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) together with its affiliate members in various countries in the region extends its solidarity with the Cordillera Peoples Alliance (CPA) chapters and members on the commemoration of the 40th Peoples’ Cordillera Day this 24 April 2024 in Kalinga, Philippines.
As per the theme for the Day: “SUMKAD! Courageously advance the struggle for land, life and honor”, the annual commemoration is a steadfast commitment of CPA chapters, members and advocates in supporting communities in their struggles, advocating on their calls and standing alongside in defense of their rights.
The Cordillera region, having abundant natural resources, including lands, water and minerals, has become target for extractive industries operated by both States and corporations. According to the CPA, 109 energy and 104 mining projects are in the entire region, which impact social and environmental aspects and collective rights of indigenous peoples here. This is coupled with repression of indigenous peoples human rights defenders – a reality the CPA faced since its establishment.
The situation is similar in other regions of the Philippines. Thereby, indigenous peoples are struggling for their rights, for example, against various new mining projects for nickel in Palawan. Likewise, in other countries of the region, considering Asia’s natural resources is the richest and most diverse in the plane, ironically indigenous peoples are disregarded and continue to experience non-recognition of land rights, marginalization by and neglect of government, militarization, and human rights violations.
AIPNEE and its affiliate members have been working closely with indigenous communities in the Philippines and other countries to protect and promote their rights in the context of extractive and energy projects. For instance, AIPNEE has been supporting local youth group defending the rights of Isnag communities affected by hydropower dams in the Apayao river. Similarly, AIPNEE and its members are assisting communities affected by silica mining in Malaysia, and hydropower dams in India and Nepal, among others.
While acknowledging that the adversities faced by indigenous communities presents challenges, AIPNEE celebrates and stands in solidarity on our resolve and that of indigenous peoples to courageously advance the struggle for land, life and honor. The 40th Peoples’ Cordillera Day marks not just a celebration but reaffirmation of commitment to the rights and dignity of the Cordillera mass movement.
Sumkad and long live international solidarity! Long live indigenous peoples of the world!
Indigenous Peoples’ Organizations submit joint commentary on ADB’s draft Environmental and Social Framework
Indigenous Peoples Rights International (IPRI), Right Energy Partnership with Indigenous Peoples (REP), and Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) have collectively submitted a comprehensive commentary on the proposed Environmental and Social Framework (ESF) of the Asian Development Bank (ADB), focusing on the draft Environmental and Social Standard 7 (ESS7) concerning Indigenous Peoples. The commentary, while centred on the ESS7, addresses broader issues of compliance, process, and accessibility, aiming to ensure effective implementation and respect for the rights of Indigenous Peoples.
Compliance, Process, and Accessibility: The commentary emphasizes the need for accessible language and forms in the ESF, considering that English is not the primary language for most Indigenous Peoples in the region. It underscores the importance of not just the wording but also the effective implementation, monitoring, and enforcement of the ESF, citing concerns raised in the Independent Evaluation Department’s (IED) 2020 report.
Text of the ESS7: The commentary welcomes the recognition of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in the draft ESS7 but calls for greater coherence with international standards. It stresses the need for alignment with the rights of Indigenous Peoples and effective implementation.
Identification and Impact Assessment: Issues with the identification of Indigenous Peoples and impact assessment methodologies are highlighted, pointing out flaws identified by the IED review and calling for robust assessments aligned with international standards.
Meaningful Consultation: The commentary underscores the importance of meaningful consultation, stressing adherence to Indigenous Peoples’ customs and traditions. It advocates for free, prior, and informed consent (FPIC) and emphasizes Indigenous Peoples’ right to self-determination over their lands, territories, and resources.
Indigenous Peoples Plan (IPP) and Voluntary Isolation: Concerns regarding the implementation and enforcement of IPP, budget allocation, and FPIC requirements are raised. Additionally, the commentary questions the handling of voluntary isolation, advocating for a clearer and more respectful approach.
Special Requirements and FPIC: Specific recommendations are made regarding legal recognition of Indigenous lands, compensation, and sustainable development opportunities, all centered around the principle of FPIC.
The joint commentary serves as a comprehensive evaluation of the ADB’s draft ESF, offering detailed feedback and recommendations to ensure the effective protection of Indigenous Peoples’ rights. It calls for meaningful dialogue, alignment with international standards, and robust mechanisms for implementation and enforcement. As the ADB moves forward with its safeguard policy review, the voices and concerns of Indigenous Peoples must be given utmost consideration to achieve sustainable and equitable development in the region.
Download the full commentary here.
Indigenous Groups Slam ICMM’s Draft Mining Position Statement
June 19, 2024– Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) and Right Energy Partnership with Indigenous Peoples (REP) have voiced strong objections to the draft of the Indigenous Peoples & Mining Position Statement of the International Council on Mining and Metals (ICMM). The Indigenous Peoples’ organizations claim that the ICMM’s draft Position Statement falls short of protecting the rights of Indigenous Peoples and lacks meaningful consultation with their representatives.
In a joint commentary submitted to the ICCM, AIPNEE and REP criticized the ICMM for not conducting adequate consultations with Indigenous Peoples’ representatives worldwide. They argue that the ICMM has neglected repeated requests to: hold targeted consultations at regional, national, and local levels with necessary language interpretation; and implement a transparent, time-bound review process, detailing how Indigenous Peoples and other stakeholders can participate at various stages.
The commentary further urged the ICMM to carry out a transparent review process that includes meaningful consultations with Indigenous Peoples and other stakeholders. The organizations called on the ICMM and its members to engage in in-person dialogue with Indigenous representatives to address their concerns before the Position Statement is finalized.
AIPNEE and REP’s primary concern is that the draft Position Statement fails to fully recognize the right to Free, Prior and Informed Consent (FPIC), a fundamental principle ensuring Indigenous Peoples’ self-determination and land and resource rights. The draft Statement, particularly under Commitment 4, does not adhere to the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Additionally, Commitment 5 allows for mining projects to proceed without FPIC if authorized by the State, which the organizations say contradicts international human rights laws and standards set by the International Finance Corporation (IFC) and the World Bank.
AIPNEE and REP recommend that the ICMM ensure that no project proceeds without obtaining FPIC from affected Indigenous Peoples and all concerns are fully addressed. Decision making with regards to the project should not be afforded to States where FPIC is not acquired. Further, ICMM should ensure that Indigenous women, youth, and persons with disabilities are involved in decision making processes and not just in the design and/or implementation of socio-economic development and social investment projects.
Under Commitment 9 of the draft Statement, AIPNEE and REP urged ICMM members to set up grievance mechanisms that are accessible, culturally appropriate, and gender-sensitive, and aligned with Indigenous customary laws. They also called on the ICMM to identify no-go areas for mining particularly areas inhabited by Indigenous Peoples in voluntary isolation, burial grounds, sacred sites, key biodiversity areas, and conflict-affected regions.
Lastly, the group pointed out that the draft Statement avoids using established terms like FPIC and Human Rights Due Diligence, potentially leading to confusion and implementation issues. The organizations recommend that the ICMM use established terminologies to clearly commit to FPIC and human rights due diligence and ensure these commitments are explicitly stated in the Position Statement. In the joint commentary, AIPNEE and REP expect the ICMM will amend the draft Position Statement to align with international human rights laws and standards. They emphasized that the current draft is unacceptable unless commitments related to FPIC and other key issues are revised. They called on the ICMM to strive to achieve the highest standards to respect human rights and the rights of Indigenous Peoples in this review process.
