COMMISSION ON HUMAN RIGHTS

Sub-Commission on Prevention of Discrimination and Protection of Minorities

Working Group on Indigenous Populations Eighteenth Session 24-28 July 2000

Item: 6 Standard-setting activities including a review of indigenous peoples' relationship with natural resources, energy and mining companies.

Thank you Madam Chair,

On behalf of the Dineh' families of Black Mesa, I would like to talk about Big Mountain, a case that you Madam Chair, Mr. Martinez, Mr. Amor from the UN Commission on Human Rights and many of my brothers and sisters here are familiar with the struggle to remain on the land of Dine'tah.

The so-called Navajo-Hopi Land Dispute between the US government, the Dineh people and the Hopi Tribal Council still continues to exist without resolution. This "land dispute" has to be seen in connection with the coal mining taking place in the area, and in fact, being the cause of the conflict.

Coal is being stripped mined since 1969 and has caused serious impacts on the environment of the Black Mesa region and the Dineh people living there. Being the largest mine of its kind in the US, the coal mine operated by Peabody Coal Company has caused a decline in the Navajo aquifer. Over 26 billion gallons of water have already been pumped to transport the coal in slurry lines to the power stations, water that had accumulated over thousands of years under the desert surface. The water table is sinking and today all but the deepest wells in the region have gone dry. This massive pumping of water to transport the coal and the operations of the largest coal mine in America, have resulted in a high concentration of selenium in the area, causing diseases for both the Dineh people and their livestock. Sheep are going blind and becoming sterile.

Conflicts regarding royalties, title to land and granting of concessions in connection with the coal mining are the reasons underlying the so-called Navajo-Hopi Land Dispute which has caused enormous disrupter of the Dineh and Hopi families affected. So we are not only talking about serious health and environmental effects of coal mining or mining in general, we are also talking about social and economic impacts of mining and the consequences for the survival of indigenous peoples and their cultures.

During the plenary sessions in Strasbourg on February 17, 2000, the EUROPEAN PARLIAMENT adopted the URGENCY RESOLUTION, against the forced relocation and the ongoing violations of human, religious and land rights of the Dineh people at 'Big Mountain' and raised the concerns of the European Parliament members about the contaminated 'New Lands'. In this Resolution, the EP calls upon the US Government to respect the land rights of the Dineh people as well as the provisions for Indigenous peoples of the Vienna Declaration.

Madam Chair, this is an important step, however, more needs to be done. There is an urgent need for governments to comply with their own environmental protection laws as well as to protect the constitutional rights of their indigenous citizens. Furthermore, governments should ratify ILO Convention No. 169 which particularly in its article 15 provides that the right of indigenous peoples "to the natural resources on their lands shall be specially safeguarded…" and most importantly for the right of indigenous peoples to participate in the management of their natural resources. Though ILO 169 offer's the bear minimum of protections, there is a need to develop standards to regulate access to and use of natural resources on indigenous lands by which governments, mining companies and transnational corporations have to abide.

In conclusion Madam Chair, governments should adopt the draft declaration on the rights of indigenous peoples in its current text to avoid further conflicts concerning the natural resources on indigenous territories and adverse impacts of mining activities on indigenous peoples. Operations by mining companies and others should only take place in consultation with indigenous peoples.

Thank you Madam Chair, members to this distinguish body and to all our relations gathered here.