DECLARATION OF THE INDIGENOUS PEOPLES PARTICIPATING IN THE V REGIONAL FORUM ON BUSINESS AND HUMAN RIGHTS FOR LATIN AMERICA AN THE CARIBBEAN
...In this Covid-19 scenario, we, the indigenous peoples, have been able to organize ourselves in order to deal with the pandemic through our traditional knowledge and our forms of organization, exercising our right to self-determination. Our indigenous communities have resisted for centuries -and we continue to resist- the extermination policies, the systematic abuse of our rights, and the legalized dispossession of our territories. We are the ones who put our bodies and territories as guardians of the natural commons. In this defense of our rights, women have had a leading role.
For that reason, as a preventive measure during the current pandemic, we demand the immediate suspension of all activity that promotes the entry of outsiders into indigenous territories. In addition, we request a moratorium on all extractive activities within or near our indigenous lands in order to protect our peoples. Likewise, we urge the avoidance of investment projects -or any policy- without adopting effective Free, Prior and Informed Consent processes for they would threaten or affect our indigenous rights.
Today we declare that we exist and have rights that have been agreed by the international community and the States, and they must be respected. That is why we call for the ratification of ILO Convention 169 for States that have not yet done so. We also propose the creation of a monitoring mechanism for the Convention - with a special emphasis on the right to Free, Prior and Informed Consent. This mechanism would allow the identification of the States that do not comply with international human rights standards, as well as the businesses that interfere with the consultation processes.
It is also necessary to guarantee that the consultation instruments do not result in a mere formality or are implemented solely at the request of judicial decisions. Rather, they must ensure substantive rights to consent, including the right to say "no”. Furthermore, they must endorse the full participation of women, as well as the use of the indigenous language in these practices. It is also necessary to recognize the self-consultation processes and consultation protocols of indigenous peoples...