Rights of Indigenous Groups over Natural Resources in Tropical Forests
By Julio C. Tresierra (05/99, En) See also Environment and Natural Resources
The following paper is part of an IDB book recently published titled Forest Resource Policy in Latin America.
For additional information on the book contact the IDB bookstore.
This study analyzes present-day and historical demographic, socioeconomic, and cultural changes in traditional native groups and in their environment, which have led to a growing loss of ethnic and ecological diversity in the main tropical rainforests of Latin America. Traditionally, controlled slash and burn farming and the existence of vast forested areas with a wide array of native species have guaranteed the sustainable use of natural resources. This subsistence system is based on beliefs, rituals, and values that condition access to resources by members of the group and their use of them. Native cultural elements such as collective ownership and kinship, the tradition of sharing and limiting the accumulation of individual goods, and the independence of a native group must be kept in mind when attempting to link native production activities to the market economy.
The study summarizes actions by external agents that have led to rapid deforestation in recent years and to restrictions on access to forest resources which often lead to confrontation with the affected indigenous communities. The development of road infrastructure that permits large-scale settlement by non natives, the advance of ranching, and the use of wood and the nonrenewable subsoil resources (fossil fuels and minerals) are among the most important external factors. Certain features of the development of indigenous communities themselves can undermine the viability of their traditional strategies for the use of forest resources. Population growth, sedenterization, consumerism, and changes in values as a result of contact with modern society often make natives more vulnerable to market forces. Low levels of education, lack of legal and technical training, and weak organizations make it difficult for them to negotiate their rights, develop economic alternatives, or interact with the State, national society, and different external agents such as private companies and development agencies.
A growing body of national legislation and international law on indigenous groups and their rights to the use of natural resources has been promulgated in the last 30 years. The legislation on indigenous peoplesī rights in the region is complex. Legislation in the countries other than Central America appears to guarantee native populations the right to ownership and use of renewable natural and water resources. Although in all the countries of Latin America, the government retains the right to the use of subsoil resources, there are ways in which native groups can share in the profits. Many countries have legally transferred large areas to them and recognized their rights. Despite the advances in legislation, in practice the laws are not properly enforced and the destruction of natural resources in indigenous territories has not ceased. In most cases this destruction has been caused by external agents, but at times it is caused by the needs of native groups themselves. The myriad of reasons include lack of knowledge of the law and weak negotiating capacity on their part, ambiguities in the law used by legal experts on behalf on nonindigenous external agents, lack of general implementation of legislation which has often been designed without considering the real situation of indigenous populations, and institutional weakness of governments and native communities.
The dynamics of change and the complexity of potential conflicts do not allow for across-the-board solutions. The extent to which the relation between a native group and external forces lead to nonsustainable uses of tropical forests should be determined on a case-to-case basis before initiating development activities. These activities should be geared to gradually combine market economies with native cultural elements. As a consequence of these cultural caracteristics donations should be cut back significantly and loans for productive projects should be granted at interest rates, although minimal, right from the beginning. Indigenous groups should be encouraged to participate in investment projects and they should be trained in the handling of market economy tools. The sustainable use of forest resources based on ethnobiology and the participation of indigenous communities in conservation projects are promising examples of culturally compatible cooperation programs. In many cases diversified training is necessary in various productive and non-productive activities as an integral part of cooperation programs.
International cooperation agencies should assist indigenous organizations to gain a better understanding of existing legislation and new policies proposed for native groups and in the provision of legal advisory services for parties in conflict. Land tenure conflicts in particular should be solved through coordinated action by governments, indigenous organizations, and international agencies. Finally, there is need to monitor the impact of constitutional reforms and privatization processes in the land use of indigenous territories.
Last updated: 05/08/07
