TLC Representatives reject indigenous consultation pro
CORDOVA JAVIER MORALES
editor
The Indians have expressed to the Legislature on previous occasions that the power given by law to be consulted before projects affect them as a people.
Members of the Committee on International Affairs to provide full support for the Free Trade Agreement between Central America, Dominican Republic and the United States refused to indigenous peoples the right to review this agreement as established in Convention 169 International Labour Organization. After
take several procrastinated and despite having a report of the Technical Services Department of the Legislative Assembly, which explained the requirement of consultation, members of the National Liberation Party (PLN) and the Libertarian Movement (ML) imposed its majority and rejected the request.
The motion filed by Rep. Jose Merino Broad Front, was voted down by the liberationists Janina del Vecchio, Fernando Sánchez, Federico Tinoco, Antillón Mayi, and the libertarian Evita Arguedas, while Elizabeth Fonseca, Francisco Molina and Ronald Solis of Citizen Action Party (PAC), voted in favor.
Indigenous representatives and specialists in the field showed disagreed with the decision, while expressed optimism as it would mean challenging the approval of the FTA process, or at least, non-implementation of the treaty on indigenous territories. MOST MECHANICS
to justify their votes, the MP and chairman of the committee, Janina del Vecchio, read out a series of points of why you should not be the query, including the Indians do not grow with modified seeds which will not be mobilized from their land and resource ownership is held in the Costa Rican government.
"In this sense, the right of indigenous peoples to control their knowledge traditional, to participate in its benefits and uses, the right autodeterminaci / ng, customary law to the use of biological resources, customary law and sui generis community rights are not affected at any point by the FTA, "detailed the Member of the commission.
Congressman José Merino strongly criticized the actions "mechanical" parties that support the FTA, because it believes that the consultation avoided at all costs, using other people's opinions as to the issue of lawyer Rubén Hernández and the Ministry of Foreign Trade.
"I am convinced that a mandatory referral that unfortunately most mechanical of that committee did not accept it, using requests to some so-called "experts" who attempted to legally justify why the consultation was not necessary, but what was said by people who know the subject well, besides the opinion of the Department of Technical Services constituted sufficient grounds for the indigenous community consultation was done, "said Merino. Evita Arguedas, member of the Libertarian Movement, denied the need for consultation because it believes that it has sufficiently informed the public about the TLC, and this also not affect the Indians. "The treaty itself is not affecting or not affecting a sector, plain and simple is a free trade agreement is a commercial tool used at the global and the country can always sharpen as the country then you need to do on the agenda of development and competitiveness, "Arguedas said.
DISRESPECT Despite disagreements on other issues show (see sidebar), indigenous leaders showed their anger and outrage at the decision of legislators to circumvent the obligation of Costa Rica since the ratification of Convention 169 in 1992. Despite Members' arguments, the various indigenous leaders showed their anger at the rejection of the consultation, believing that the FTA does affect their lives and territories. The president of the National Commission of Indigenous Affairs (CONAI), Genaro Gutierrez, said that with this resolution, the International Committee not only ignored Indian rights, but also disrespected his people. "It may be that an FTA will to happen and when we realized we sold everything, "said Gutierrez. Odir White, executive director of the CONAI, described as "false" the argument of the MPs regarding the consultation of the indigenous TLC was not necessary, since it does not affect them. "It is false, those who say that are ignorant people do not know the tradition, indigenous culture, much less the law. The FTA should be indigenous communities, "said Blanco. Geiner White, representing the National Indigenous Council, said the Legislature is inconsistent, as was submitted for consultation the draft Law on Self-Development" and the same criteria should be used as NAFTA. The representative of the table said there will be consequences for indigenous peoples and therefore must be consulted in a process similar to the consultation on the bill, he said. "We know that here is much stronger interest, but the Assembly did not can retract the fact consult the FTA, as the storyline may be the same, there is a direct involvement, "he said.
WITHOUT REFERENCE NO VALE
Cristina Zeledon and Javier Rodriguez of the American Indian Program at the Institute of Human Rights (IIHR) UNIVERSITY told that there is legal obligation consultation with indigenous peoples.
"Obviously the FTA affects them and anything that affects indigenous peoples, should be consulted, as the 169. Now, what's up to indigenous peoples?. What you have to do is put an appeal against that decision , but that is a matter which will enter into a legal process, "said Zeledon. According
Javier Rodriguez, a history of international projects and tenders which were annulled by the Constitutional Court does not consult the indigenous peoples.
"There is a history as the law of oil exploration in the Atlantic region, where the lack of consultation with this population, overturned an international tender. In other words, exactly the same criteria including the FTA, the Constitutional Court annulled it," said Rodríguez.
Rubén Chacón, Indian law expert at the Institute for Legal Research at the University of Costa Rica (UCR), is of the opinion that although the FTA does not say anything specific about the indigenous peoples affected by these side effects, and therefore would have to wait that concrete actions are presented to challenge the treaty.
does not believe that the consultation is legally binding, Chacon said there is a positive side, because if they make the query, the FTA can not have any effect within indigenous territories. "Deciding who does the query is almost free the indigenous territories of the application of any direct effect ... The Indians have more legal tools to stop production activities on their lands that we in our neighborhoods, "said Chacón.
The lawyer insisted that the International Affairs Committee should put a footer at the TLC, which states that indigenous territories There is specific legislation that may contradict the terms of the treaty.
However, the lawyer said that should not be many illusions about the FTA will not affect indigenous people, as this requires a legal system solvent, and in the case of the first settlers, the Costa Rican system has demonstrated all its inefficiencies.
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