The
International Working Group for the Protection of Indigenous Peoples in Isolation and Initial Contact (GTI-PIACI, acronym in Spanish), as a collaborative initiative of 21 indigenous and allied organizations from South America, addresses the heads of state and civil society in general present at COP16 and urges them to recognize the existence of Indigenous Peoples in Isolation and Initial Contact (PIACI, acronym in Spanish) in Bolivia, Brazil, Colombia, Ecuador, Paraguay, Peru, Venezuela and Suriname. This recognition is the first step in promoting the fundamental rights of these peoples, guaranteeing their self-determination and territories, in essence the Right to Exist as subjects of rights.
In eight South American countries, the GTI-PIACI counts a total of 189 records of Indigenous Peoples in isolation. Of this total, 128 records have not yet been recognized by the States and, therefore, are exposed to all kinds of vulnerabilities and lack of protection measures.
At this time when we are gathered at the United Nations Conference on Biodiversity (COP 16 / COP-MOP 11 / NP-MOP 5), it is urgent to remember that Indigenous Peoples in Isolation (PIA, acronym in Spanish) are the last guardians of the planet who establish an intrinsic, interdependent and harmonious relationship with biodiversity in its fullest sense. They are Indigenous Peoples, groups or parts of groups that have chosen not to establish permanent and/or continuous relationships with the surrounding society. The PIA survive exclusively on the material and immaterial resources existing in the environment, a fact that leads them to achieve standards of living compatible with the maintenance of biological diversity.
Indigenous Peoples in Initial Contact (PICI, acronym in Spanish) are peoples who lived in isolation and, due to external factors or their own decision, came into contact with the majority population. The guarantee of their rights is based on differential approaches that take into account their situation of vulnerability.
The GTI-PIACI and all the indigenous, environmental, indigenist organizations and rights-based NGOs that sign this Letter (THE RIGHT TO EXIST) urge that States consider the protection of the PIACI and their territories under the most guaranteed categories of protection in their National Biodiversity Strategies and Action Plans, in accordance with the commitments to advance in these normative instruments assumed in the Kunming-Montreal Global Biodiversity Framework of December 2022 (CBD/COP/15/L.25).The recognition, defense and constitution of territories for PIACI is fundamental to guarantee the ways of life of these peoples, the conservation of extensive standing forests, biodiversity, as well as for the climatic balance of planet Earth and the quality of life of all its inhabitants. It is up to the States to recognize the condition of isolation and initial contact of the PIACI as a prerogative of their self-determination. This recognition implies the implementation of the international normative frameworks of protection already established, including the integral and intangible definition of their territories.
The Convention on Biological Diversity states: “in accordance with national legislation, (the Convention) shall respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities having lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wide application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the sharing of the benefits arising from such knowledge, innovations and practices” (article 8 j). Thus, biological diversity is not simply a concept that belongs to the natural world. It is also a cultural and social construct, especially for the PIACI who have been in harmony with it for hundreds of years.
Article 10 c of the Convention requires each Party to “protect and encourage traditional use of biological resources in accordance with cultural practices compatible with conservation or sustainable use requirements” and “support local populations to develop and implement restoration actions in degraded areas where biological diversity has been reduced”. (Article 10 d)
Article 17 also recommends that Parties encourage the exchange of information on the knowledge of traditional communities and Article 18 urges the development of cooperative methods for the development of technologies, including traditional and indigenous technologies.
We recommend that States and private law initiatives, whether for profit or not-for-profit:
Recognize the existence of Indigenous Peoples in Isolation in all countries with records of these peoples in South America, having as guiding principles no contact, prevention and the intangibility of their territories.
Initiate processes for the participatory formulation of protection policies for Indigenous Peoples in Initial Contact Situations, which consider in all cases their situation of special vulnerability in the face of contact.
Identify and recognize traditional territories or territories with the presence of PIACI, as established in Article 26 of the United Nations Declaration on the Rights of Indigenous Peoples (2007), guaranteeing collective ownership, security, legal intangibility and conservation of these territories in accordance with international human rights standards on Indigenous Peoples, consulting and implementing with them intercultural models of protection, monitoring, surveillance and territorial control in these areas.
Suspend existing development activities and not authorize future ones in their ancestral territories. Respect the fact that, in the case of Indigenous Peoples in Isolation, their non-consent is presumed in the face of any type of activity that intrudes into their territory. Apply the presumption of superiority of the interest in the protection of the physical and cultural survival of Indigenous Peoples in Isolation in the analysis, interpretation and harmonization with other rights and interests.
Reaffirm our commitment to adopt specific legislation for the protection of PICI with the consultation, consent and participation of Indigenous Peoples, as established in Article 19 of the United Nations Declaration on the Rights of Indigenous Peoples (2007).
Establish international coordination actions in border areas with the presence of PIACI to articulate effective territorial protection mechanisms, in consultation and with the consent of neighboring Indigenous Peoples. Guarantee territorial connectivity corridors in order to safeguard their ancestral territories, guarantee their well-being and preserve their traditional way of life across borders.
Establish health control barriers and ensure that the health of the Indigenous populations and populations neighboring PIACI territories is guaranteed. Due to the situation of particular vulnerability to contact of peoples in isolation, include a buffer zone for prevention and containment, as well as establish health cordons and other surveillance and epidemiological care measures for the benefit of the neighboring population.
Safeguard the rights of Environmental Defenders and the rights of Indigenous Peoples, implementing public policies that prevent attacks against them and that guarantee accountability in this regard.
Ratify and give effective implementation to the Escazú Protocol.
We remain at your disposal to provide all necessary support, both from the GTI-PIACI and from our network of allies, for the implementation of these recommendations.
We are committed to collaborating in whatever is necessary to ensure the success of this project.