Update on the Maya’s Struggle Against Unauthorized Drilling on Their Lands in Belize

Here’s a news article detailing recent developments.

The original post is here.

US Capital Energy obtains drilling permit on Maya land in Belize without Maya consent and then bribes key Maya leader

This issue came to my attention because Hamline Law had invited Cristina Coc, a Maya leader on land rights issues, to speak last week, but Ms. Coc had to cancel at the last moment when US Capital Energy obtained a permit from the Belize government without the Maya people’s consent and then bribed a Maya leader to voice his support for their actions. The Maya Leaders Alliance is still fighting the attempt by US Capital Energy, which continues it attempts to literally silence any opposition.

A news article is here, and additional information, including a request for financial help from Ms. Coc, is here:
scan coc

and here:

Govt and US Capital Energy Disrespects Maya Leadership[1]

If you want to contact someone in the U.S. who is familiar with the situation, you can contact Mark Brown of BRIDGEs, a new U.S. non-profit that had planned to bring Ms. Coc to Minnesota.

New Scholarship on Foreign Direct Investment and Indigenous Peoples

George K. Foster has published “Foreign Investment and Indigenous Peoples: Options for Promoting Equilibrium Between Economic Development and Indigenous Rights” in the Michigan Journal of International Law.

United Nations Special Rapporteur on Indigenous Peoples in the United States

Here:

8-30-12 Spec Rapporteur report US indigenous

Marketa Trimble Proposes International Convention on Internet Gaming

Marketa Trimble has posted her paper, “Proposal for an International Convention on Online Gambling,” on SSRN.

Here is the abstract:

The proposal, which will be published as a chapter in a volume from the Internet Gaming Regulation Symposium co-organized by the William S. Boyd School of Law of the University of Nevada, Las Vegas, in May 2012, presents the outline of an international convention (‘Convention’) that will facilitate cooperation among countries in enforcement of their online gambling regulations while allowing the countries to maintain their individual legal approaches to online gambling. Countries continue to vary in their approaches – some permit and regulate, and others prohibit online gambling, and even countries that permit and regulate online gambling approach the issue differently. Countries cannot enforce their own online gambling regulations without assistance from other countries – specifically, the countries where online gambling operators have their operations and/or their assets. Under the proposed Convention, national online gambling regulators would cooperate in the exchange of necessary information, in the licensing and standardization of technological requirements for online gambling operators, and, most importantly, in assisting with the enforcement of foreign country regulations by imposing geolocation and filtering requirements on online gambling operators. The chapter discusses the challenges that the proposal faces and suggests that the challenges can be overcome. Recent events in the online gambling world, such as ‘Black Friday,’ demonstrate a pressing need for effective international cooperation among Internet gambling regulators, and the proposed Convention, by providing a solution to the vexing problem of enforcement of online gambling regulation on the Internet, can provide the impetus for national discussions on online gambling.

International Law Association Committee Draft Report on the Rights of Indigenous Peoples

The 2012 Draft Report of the ILA Rights of Indigenous People Committee on the rights of indigenous peoples is now available here. Siegfried Wiessner and Lorie Graham from the USA are in on this one.

Other reports available this website include:

Conference Report The Hague (2010)

Conference Report Rio (2008)

 

Danielle Conway on Promoting Indigenous Innovation Through the Licensing of Article 31 Indigenous Assets and Resources

Danielle M. Conway has posted her paper, “Promoting Indigenous Innovation, Enterprise, and Entrepreneurship Through the Licensing of Article 31 Indigenous Assets and Resources.” She published the paper in the SMU Law Review.

Here is the abstract:

The notion that indigenous entrepreneurship is inherently paradoxical to participation in the western marketplace must be challenged, even though there is a fine balance indigenous entrepreneurs maintain with their own world and the western world. This balance considers that indigenous entrepreneurs exist within transgenerational communities with complex cross-cultural linkages with the west. Far from fully segregating from western society and the states in which they reside, indigenous entrepreneurs seek to promote indigeneity through indigenous and non-indigenous commerce. As Hindle and Lansdowne explain, “[t]here need be no paradox, no contradiction, no values sacrifice, no false dichotomy between heritage and innovation.” Reference to the goals and objectives of the United Nations Declaration on the Rights of Indigenous Peoples bear this out. For example, article 19 of the Declaration relates to Indigenous peoples’ participation with respect to issues that affect them, their lands, their resources, and their rights. The Declaration also calls for good-faith efforts by states to consult and cooperate with Indigenous peoples about economic and social development that directly or indirectly impacts their rights. Relevant to this paper, article 31 of the Declaration deals with Indigenous peoples’ right to exercise authority and control over their cultural heritage, traditional knowledge, and traditional cultural expressions in addition to any intellectual property rights in these assets and resources. Accordingly, this Article promotes the use of the Declaration on the Rights of Indigenous Peoples as a basis for asserting indigenous control over article 31 assets and resources to spur indigenous enterprise and innovation. After asserting control, Indigenous peoples can then operationalize the use of their article 31 assets and resources to counteract the “history of dispossession, assimilation, child removal and other previous colonial policies [that have] created a legacy” of economic disadvantage, political and structural disadvantage, geographic and cultural disadvantage, and collective and individual disadvantage. This article focuses on licensing as a mechanism to both implement the goals and objectives of the Declaration and to reassert indigenous authority and control over indigenous assets and resources.

Bob Hershey on Globalization’s Impacts on Indigenous Peoples

Robert Hershey has posted his paper, “Globalization and its Special and Significant Impacts on Indigenous Communities,” on SSRN.

Here is the abstract:

Globalization is really a painting of the earth whose rendering can never be truly fixed. Yet, it is emblematic of the social dimensions of human interactions. Globalization has particular urgency for the world’s Indigenous Peoples. Many Indigenous systems of collective economic production and distribution do not conform to capitalism’s cultural emphasis on individual accumulation. This manuscript explores the challenges to Indigenous societies from economic hegemonic regimes, bioprospecting, nature conservation, and extended continuing and derivative impacts. Crucially, Indigenous Peoples do not passively accede to domination by global market forces. Resistance, negotiation, and consultation are common features of Indigenous communities’ interactions with transnational corporations and international economic policy bodies, but the definition and content of these terms play out very differently for distinct societies. The article suggests appropriate protocols for engaging Indigenous societies and recognizes alternatives to domination. It concludes with an examination of how Indigenous Peoples may be embracing internet technologies to further their claims to self-determination.

IPR on KBIC/Bad River Letter to UN Special Rapporteur re: Mining

Here.

An excerpt:

A tribe in the Upper Peninsula is appealing to the United Nations in an effort to restrain sulfide mining. The tribe hopes to strengthen its position through an international agreement signed by the Obama Administration.

The Keweenaw Bay Indian Community says mines that produce sulfuric acid can pollute the water and threaten places sacred to tribes in the Great Lakes. The Keweenaw tribe fought the Eagle Mine, a new copper and nickel mine under construction in Marquette County.

The owner, Kennecott Eagle Minerals says it is leading a resurgence of mining in the Upper Peninsula.

One of the issues raised was the mine’s proximity to Eagle Rock, a rock outcropping that has been used for sacred ceremonies. Eagle Rock is prominently cited in a document sent to the United Nations. It says tribes are overwhelmed by the development of new mines and the State of Michigan does not consider their cultures when issuing permits.

Many American Indian tribes are raising issues like these with the U.N. now because the U.S. endorsed the Declaration on the Rights of Indigenous People in 2010. A U.N. official is visiting this week to gather information about implementing the declaration.

An attorney for the Keweenaw tribe says the declaration is not law, it’s a political document that sets out principles. But she says it could lead to new laws that would help tribes in the Great Lakes region oppose sulfide mining.

UofM NALSA Indian Law Day: Indigenous Peoples’ Rights Under International Law

Indian Law Day 2012:

Full schedule here. (pdf)

Friday, March 30, 2012

12:00pm-3:00pm

Speakers:

Armstrong Wiggins, Indian Law Resource Director, Washington Office

Frank Ettawageshik, Executive Director of United Tribes of Michigan

Kirsten Carlson, Assistant Professor of Law at Wayne State University