Allicock is not fulfilling his obligations under the Amerindian Act
Dear Editor,
Sydney Allicock should resign or be replaced as the Minister responsible for Indigenous peoples.
Mr Allicock’s legal obligations are set out in the Amerindian Act 2006. He has a fairly simple job to do. He must respond to land claims made under the Amerindian Act 2006, investigate each claim, identify existing legal interests (mining, forestry etc), and make a decision taking into account traditional Amerindian culture, spiritual connection to the land, etc.
Mr Allicock has failed to respond to correspondence, failed to investigate land claims and failed to make a single decision resulting in the issuing of any new Amerindian land titles. It would appear that Mr Allicock has no respect for the law or for the Amerindian communities whom he is legally bound to serve.
Mr Allicock claims that the Amerindian Act 2006 needs to be amended on mining. In the case of large-scale mining on Amerindian lands (currently taking place nowhere in Guyana but useful for frightening communities), the Amerindian community has a veto. That is the end of the matter unless the state believes it is in the public interest to have large-scale mining. (The ‘public interest’ simply means that the interests of about 750,000 people take priority over the interests of a few thousand.)
The Chronicle (August 3) reports that David James, the Minister’s legal adviser, told the Natural Resources Committee that the Minister of Mining or the Minister of Indigenous People’s Affairs can consent to mining. I hope Mr James did not say this because legally neither Minister can ‘consent’ to mining. There must be a declaration from both Ministers that the mining is in the public interest, and the miner has to comply with strict legal requirements before there is any question of overriding the Amerindian community’s veto.
For small and medium scale mining on their lands, Amerindian communities have an absolute veto, irrespective of the public interest. Some Amerindian communities use the Amerindian Act and common sense to protect their communities. Other Amerindian communities who have problems with mining, are often those who waited too long to claim their land or who do not get competent legal advice. Some communities say they were told by the Amerindian Peoples Association that they already owned their “traditional land” and the government had no right to make them apply for it. By the time they realised the utter stupidity of their position, their ‘traditional land’ was subject to mining rights. Some communities complain about the Amerindian Act but do not use it or the raft of other legal remedies available in general law, to protect their lands and their communities.
Before Amerindians follow Mr Allicock and agree to amend the Amerindian Act 2006, they need to be very sure they understand the law and they are making an informed decision.
Mr Allicock also has a political job which is to brief the President and enhance his stature. Why then did Mr Allicock allow (advise?) the President to announce a new National Indigenous People’s Authority to sit in Mr Allicock’s ministry, reportedly to “watch over” and “fast track the implementation of decisions” made by the National Toshaos Council? Does Mr Allicock intend to take power away from the Amerindian peoples and their elected representatives and give that power to five unelected individuals approved by him?
The NTC does not take binding decisions; it provides advice to the Minister and prepares strategies and plans. Development decisions are made by the Amerindian communities and their elected Village Councils. They also have delegated authority to make law in the form of village rules (another area in which Mr Allicock has failed to respond to Amerindians). Amerindian democracy is entrenched at the grass roots community level. An authority which seeks to implement the decisions of the NTC will be acting illegally.
This is not the open democracy promised by the new government. Mr Allicock should leave.
Yours faithfully, Melinda Janki