workshop RPIPC langeveldt

Towards a Benefit Sharing Relationship between Indigenous Peoples and Extractive Industries in South Africa‘We walk to the future in the footprints of our ancestors’ : 

Towards a Benefit Sharing Relationship between Indigenous Peoples and Extractive Industries in South Africa ‘We walk to the future in the footprints of our ancestors’ Workshop Indigenous Peoples and the Private Sector Salekhard, Russia 1st to 4th July 2007 Son of the African soil, the late Steve Biko argued: “Europe gave the world the industrial revolution, while Africa gives the world the human relations revolution”

Introduction: 

Introduction I pay my respects to the ancestors of the indigenous peoples of the Yamal-Nenets who blessed their territory with strong leadership structures to turn this vast landscapes of tundra with its harsh climate and energy sources into a haven to ensure good quality of life for its inhabitants. I feel very welcome here since we participated in the sacred Polar Crossing Ceremony and visited the traditional village. This warm welcome enables visitors from all corners of the planet to spiritually connect with local indigenous peoples as we embark on seeking ways to improve human relations between indigenous peoples and big business. Thank you RAIPON! Thank Pavel, Yanah and the team of professionals for organizing this event. You have done great work!! I bring greetings from our leader of the Korana nation, Chief Josiah Kats and the Nama Council of the Richtersveld My message comes from the people at the bottom of the planet to the people on top of the planet.

Comparative Study of Extractive Industries in South Africa: 

Comparative Study of Extractive Industries in South Africa This paper compares two rural indigenous communities in South Africa where both deal with extractive industries in their territories, one with benefit sharing agreements and one without and the impact this situation has on the two communities. One community enjoys recognition in the Constitution, the other is not recognized. A Russian company in a joint venture with the Barolong Tswana traditional community, plans to start mining operations in Kuruman soon. UMK already started a training college for local indigenous people to equip them with skills so that they can work in the mines. This workshop seeks ways and means to improve human relations between those who have everything and those who have nothing. The elite have laws in place that favour them, while there are international human rights instruments that could help indigenous peoples to resolve the bad human relations.

Indigenous Peoples in South Africa: 

Indigenous Peoples in South Africa

Understanding the term “indigenous” in Africa : 

Understanding the term “indigenous” in Africa The United Nations (UN) system has developed a modern understanding of the term that has not yet been adopted: Self-identification as indigenous peoples at an individual level and accepted by the community as their member. Historical continuity with pre-colonial and/or pre-settler societies Strong link to territories and surrounding natural resources Distinct social, economic or political systems Distinct language, culture and beliefs Form non-dominant groups of society Resolve to maintain and reproduce their ancestral environments and systems as distinctive peoples indigenous to their environent since time immemorial South African Constitution regards the majority traditional Bantu-speaking groups as indigenous. SA do not recognize the Khoe-Khoen (Cape Khoe, Griqua, Korana, Nama and San) but instead insult them as ‘coloureds, hotnots and bushmen’. This attitude ensure that the dominant groups continue to violate the rights of the non-dominant, poorest of the poor, first indigenous Khoe-khoen Africans that aggravate the alienation and exploitation of these vulnerable indigenous peoples.

Whose laws, Colonial or African, rules in Africa?: 

Whose laws, Colonial or African, rules in Africa? The National Constitution is focused on individual human rights and colonial values of greedy competition that causes inequality, divisions and conflict, frustrates African aspirations of collective peoples’ rights and cooperative equal sharing of resources, making genuine nation building to unite our society, very difficult. The first indigenous Khoen-San Africans were excluded from the constitution-making process, violating their rights to participate in laws and rules that impact on their lives. Indigenous African customary laws are subjected to the Constitution. Whose laws, colonial (haves) or indigenous (have-nots), actually “rule” in neo-colonial Africa?

“British indirect rule” or economic apartheid is the greatest treat to stability in SA. Colonial laws giving mining rights to extractive industries allow the continued European theft of African resources violating indigenous peoples rights to freely dispose of their natural wealth; to economic, social and cultural development; and to be free of domination by others: 

“British indirect rule” or economic apartheid is the greatest treat to stability in SA. Colonial laws giving mining rights to extractive industries allow the continued European theft of African resources violating indigenous peoples rights to freely dispose of their natural wealth; to economic, social and cultural development; and to be free of domination by others British theft of African lands and resources over the past centuries is the “mother of all crime” against the natives

First Indigenous Peoples’ rights to their lands continues to be violated with a very slow land reform in South Africa?: 

First Indigenous Peoples’ rights to their lands continues to be violated with a very slow land reform in South Africa? The Land Restitution Act (1994) of SA with its cut-off date of 1913 for land claims, violates Khoen-San land rights whose land and resources were stolen since 1652. The Richtersveldt Nama community won their rights to lands and minerals back on the basis of aboriginal title after a ten year legal battle, yet extractive industries use colonial laws and continue to exploit their natural resources, impoverishing the indigenous land owners. The State negotiated in bad faith with the Richtersveld Community by refusing to pay compensation and attempting to impose a joint venture with the bankrupt ALEXCOR parastatal. The Richtersveld Community intends to approach the Courts once more for a fair and just settlement.

Richtersveld Nama Community: 

Richtersveld Nama Community The indigenous rural Richtersveld communities of Sanddrift, Kuboes, Lekkersing and Eksteenfontein where Namas lived for centuries. The Nama Community of the Richtersveld do not have any benefit sharing agreement with the government parastatal, Alexcor, nor with the Transhex Mining Group who offers a very little of their massive profits for local community development. Both mining companies exploit resources without the free, prior and informed consent of the Richtersveld Nama community. Colonial/apartheid destroyed the indigenous system of governance for the Nama landowners. The challenges they face include how to manage resources, developing ways towards sustainability, expansion and marketing themselves. They need capacity building with regard to administrative matters and overall management of their affairs. This indigenous Nama community struggled to re-organize themselves in governance structures, recently re-established the Nama Council. By fighting for their ancestral lands they build the capacity of their people to take charge of their own destinies.

The way to the Richtersveldt: 

The way to the Richtersveldt

Mining diamonds in the Richtersveld: 

Mining diamonds in the Richtersveld

Rich but poor Nama Community: 

Rich but poor Nama Community Over 80 years 20 billion US dollars worth of diamonds were removed from the Richtersveld, but the indigenous Nama landowners remain the poorest of the poor.

Royal Bafokeng Nation: 

Royal Bafokeng Nation

Royal Bafokeng Kgosi: 

Royal Bafokeng Kgosi History of Strong leadership got their Land back After the British Crown annexed all lands in South Africa in 1847, with the help of the missionaries Chief Mokgatle bought back the ancestral lands of the baFokeng. The land of the baFokeng were located on the Merensky Reef. This outcrop is rich in minerals ranging from asbestos to vanadium, the most important of which is platinum. Mining companies may utilise the underground rights of the land, (on a 'use it or loose it' basis) but the surface rights belong to the baFokeng. The mines have to pay royalties to the tribe and provide job opportunities. This made the baFokeng the richest tribe in Africa.

Royal Bafokeng Nation: 

Royal Bafokeng Nation The Royal Bafokeng Nation of Today The Bafokeng nation spans 44 farms and extends over 70 000 hectares. The kingdom is sub-divided into 72 traditional dikgoro (wards), each of which is regulated by a hereditary dikgosana (headman) and mmadikgosana (headman’s wife). Located on the mineral-rich Merensky Reef, the Bafokeng kingdom has an abundance of chrome reserves and the world's second-largest platinum deposits. An agreement reached between several mining companies and the Royal Bafokeng administration resulted in the Bafokeng receiving compensation payments and annual royalties from the mining companies that extract minerals from the land. In 1999 the late Kgosi Lebone Mollwane Molotlegi II won a 10-year legal battle for royalty payments from Impala Platinum Holdings (Implats) - amounting to an estimated R827-million at the end of the 2002 financial year - which began mining platinum on Bafokeng soil in the 1960s.

Royal Bafokeng Nation: 

Royal Bafokeng Nation

Russian Company builds Capacity of local people in Kuruman: 

Russian Company builds Capacity of local people in Kuruman

Indigenous Landowners: 

Indigenous Landowners In most areas with mining activities the local indigenous peoples are the landowners with or sometimes without land and mineral rights. Indigenous peoples have collective value systems based on equal sharing of resources to benefit all, sustaining equity in terms of the quality of life for everybody. Success is based on the equal distribution of resources. Promoting equality among all reduces conflict and crime significantly ensuring a safer environment and improves the community quality of life.

The Role of the State: 

The Role of the State The government’s role is not to compete in the private sector, as this promotes corruption among politicians and government officials, but should be limited to creating enabling legislation for best practices in regard to extractive industries and the collection of reasonable taxes that will promote growth and protect the human and peoples’ rights of the parties concerned. Governments and UN Agencies ought to assist with capacity building in indigenous communities regarding negotiation skills, legal representation and concluding agreements and / or treaties.

Recommendations for Benefit sharing that is fair: 

Recommendations for Benefit sharing that is fair When coming to the negotiating table, both parties, indigenous landowners and outside or foreign capitalists should be equal in status. The issues that need to be debated and negotiated within an agreed time frame include some of the following: The free, prior and informed consent of the indigenous communities Development based on a human rights based approach The sharing of benefits that is fair between the parties concerned Creating local job opportunities with all required skills within agreed time frame Developing permanent infrastructure in terms of all local basic needs. Risks management plan to ensure a safer environment for all Plan to rehabilitate the land after the extraction within agreed time frame Exit strategy within agreed time frame that will empower indigenous people in a sustainable way

Self-determination: “We walk to the future in the footprints of our ancestors”: 

Self-determination: “We walk to the future in the footprints of our ancestors” Last week the Richtersveldt National Park was declared a World Heritage Site at UNESCO meeting in New Zealand. This holds promises for future development of this territory. Last Friday the Indigenous Khoen San leaders started with government officials drafting legislation that will finally recognize the Khoen San as first indigenous people and accommodate us in the national constitution, starting the long process of restoring good human relations. South Africa need to implement as soon as possible, all the United Nations Special Rapporteur, Dr. Stavenhagen’s recommendations to start the long process towards self-determination. We, indigenous peoples walk to the future in the footsteps of our ancestors to help restore the extensive damage done to our planet. The time has come for Mother Earth and Father Sky to restore their relations to heal the environment again. The Great challenge that confronts indigenous peoples in their quest for improved relations with big business is their connection with their ancestral spiritual world. Healing human relations should be grounded in the indigenous philosophy of “Khoen xats ta Khoedihe”, meaning “I am, because we are…since we are, therefore I am”. Thank you! Paseba