ILO Convention 169 sets minimum standards for Indigenous Peoples’ development: Our Legislation goes beyond that and grants more extensive Rights.
The purpose of ILO Conventions is generally to mandate State action
* Convention 169 of the ILO refers to an International Legal Framework on Indigenous and Tribal Peoples in Independent Countries. It replaces an earlier Convention 107(1957)

* It was adopted in 1989 by the ILO and intended to influence the Legislation of Countries with Indigenous and Tribal populations as it relates to (a) the recognition and promotion of the rights of Indigenous / Tribal Peoples (b) protection of and respect for those rights (c) consultation with them through their “Representative Institutions” on matters of a legislative or administrative nature which may affect them directly. (d) providing the means necessary for proper implementation of measures/functions to the Institutions and Agencies designed to deal with them;
* Thus, ILO 169 speaks to (i)the recognition of Indigenous peoples’ land rights – defining territory, and establishes the right of the Indigenous / Tribal Peoples to the natural resources pertaining to the lands, while emphasizing their right to be consulted and to freely participate at all levels of decision making on policies and programmes that concern them; (ii)Its 44 Articles further emphasize the requirement for States to respect Indigenous Customs and Practices and respect also their right to development with culture. This development refers, inter alia, to “improvements of the conditions of life and work and levels of health and education of the Indigenous peoples with their participation and cooperation, and includes special projects for the development of these areas mentioned.
* ILO 169 also encompasses issues of (i) the recruitment and condition of employment of the Indigenous peoples and their right to protection from discrimination and exploitation; (ii) their right to social security services etc.

Guyana Legislation and Amerindian Rights

IL0 Conventions are minimum standards: Our Guyana Constitution, our Amerindian Act 2006, our Mining Act 1989, our Labour Act 98:01, our Trafficking in Persons Act grant more extensive rights.

Amerindian culture is recognised at the highest level in Guyana – in our Constitution.

* Our Constitution places Indigenous Welfare high on its Agenda for development of the people of Guyana.
Chapter 3 Section 40 of the Constitution of Guyana speaks to the issue of the fundamental rights and freedom of the individual Guyanese. Part 11 Title 1 Section 149 (y) of the Constitution is more specific and addresses the Indigenous Peoples’ Rights. ”Indigenous Peoples shall have the right to the protection, preservation and promulgation of their language, cultural heritage and way of life.”
That way of life includes the right to farm, to hunt, to fish, to forests resources etc.

* Furthermore, Sections 212S and 212T of Title 7 of the Constitution draws attention to the issue of the setting up of the Indigenous Peoples’ Commission(a Commission that has already been appointed by our President) “ to enhance the status of Indigenous Peoples and respond to their legitimate demands and needs and to promote and protect their rights.”

The 2006 Amerindian Act and the positive changes it has been bringing to Amerindian life

Political Statements Vs Political Will

Our 2006 Amerindian Act does all of the above and more. It came out of extensive consultation with the Indigenous people of our Country including their Leaders and Indigenous Groups, notwithstanding the fact that some of these Groups were never elected or appointed by our Indigenous people to represent them. And here I wish to affirm that while consultation and participation are perhaps the cornerstone of Convention 169; consultation, participation and autonomy are the foundation of the 2006 Amerindian Act. And indeed, there are additional Legislation and Policies, Programmes and Strategies arising out of the 2006 Legislation which guide the way we deal with our Indigenous / Amerindian people.
We need to appreciate that mere signing on to the Convention and what are in large measure mere political statements, do not by themselves effect desired changes. It is the political will.
And that is what our Government demonstrated when it determined that the 1951 Amerindian Act (amended 1976) had to be set aside and a new Act that reflected not the wishes of the Colonial Master; but the needs and demands of the Amerindian people having regard to what was reasonable, realizable and achievable and having regard also to available resources, was what was needed.
Specific Government Interventions to support our Legislation.

Improved Social Services

In the process of addressing the areas of development that can and have been bringing improved living standards for our Indigenous people, we have sought to balance a desire to preserve wholly the Indigenous Culture of the Amerindian Population and the desire of some to be integrated into the mainstream of National life, and the external influences that have been changing the dynamics of the traditional village life.
Better education and training in the Hinterland Amerindian Villages and Communities resulting from Specific Governmental Interventions, viz:-improved school environment in the form of rehabilitated/extended and new school buildings and teachers’ quarters, adequate teaching/learning materials, more trained teachers as a result of the Teachers’ Upgrading and the Teachers Training Programme by Distance Education; provision of school uniforms, hot meals, transportation in some instances; and scholarships and Guardian facilities for students who perform creditably are just some of the specific interventions that specifically targeted our Amerindian population and brought about improvements in the level of Governance and improved social services;
* Improved Health Care and Education facilitated through the upgrading and construction of District Hospitals, Health Centres and Health Posts; the training of Community Health Workers, Medexes, Dentexes, Environmental Health Officers, Microscopists and the focus on Immunisation and Outreach Medical Programmes must be cited as another example of specific strategies and  programmes targeting our Indigenous population that have brought about the desired outcomes /results and more than that anticipated from ILO Convention 169

Land Rights and Land Ownership.

* While Indigenous people in many Countries, including those who have ratified ILO 169, and those where Indigenous people are in the majority have been dispossessed of their lands; we in Guyana have been giving our Amerindian People Titles to their Lands and demarcating their Lands. While Indigenous people in many of those Countries have right of use of the Land only, in Guyana where the Indigenous People account for approximately 9.7% of the population; they own 14.1% of the land including the forests resources within their Titled Lands.

Mining

* In Guyana, Amerindians have veto power in the leasing of land by the State for small and medium scale mining in the Titled Villages including mining in the Creeks and Rivers which pass through their Titled Lands. Also, no mining can take place in areas contiguous to Amerindian Lands without social and environmental impact studies being undertaken and steps agreed to minimize negative impacts.
* Furthermore, the 2006 Amerindian Act sets minimum standards for Agreement between Village Council and Miner; while our Mining Act 1989 sets out laws, guidelines, regulations that guide our Indigenous People in negotiating and managing their land during and after mining activities would have been completed.
Implementation of Conventions and the requirement of supervision: the loss of some independence by the Member State.
* Countries that ratify Conventions such as ILO 169 are subject to supervision with regards to its implementation, thus losing, in some measure, their sense of Independence. Once a country ratifies the Convention, it has one year to align legislation, policies and programmes to the Convention before it becomes legally binding. In Guyana, neither did the PPP nor the PPP/C require a Convention or Conventions to enable our drive for improvement in the lives of our Indigenous people. It is all about the will and the political commitment to reduce the disparity in the level and rate of development of our Hinterland people-the Indigenous people.

* And we have the National Toshaos Council, the Indigenous Peoples Commission, the Parliamentary Sectoral Committee called the Social Services Committee which provides oversight in the Parliament and our Minister / Ministry of Amerindian Affairs. We do not need oversight from outside our Country.
In any case, how enforceable are these Conventions? Our Legislation are enforceable in a Court of Law.

* 21 Years since the ILO Convention 169 was adopted and ratified by 20 Countries, why haven’t others come on Board? Australia and the USA, for example, have pledged to protect the human rights of their Indigenous population but are yet to sign and ratify the Convention.

Our 2006 Amerindian Act, our pursuance of the Millennium Development Goals, our Poverty Reduction Strategy which targets, inter alia, our Amerindian Population, our National and Regional Budgets are all political and economic tools for distribution and redistribution of resources. And indeed, these Instruments / Strategies all focus on issues important to Amerindian Peoples’ development, viz:- education, health care, poverty reduction etc. and evidences our Government’s commitment and efficacious efforts to reduce the disparity in resource allocation and development of our Amerindian peoples.

Guyana’s 2006 Amerindian Act includes key provisions relating to our Amerindian people that are not dissimilar, in most instances, from those outlined under ILO 169. Some of these key provisions relate to:
a) protection from unauthorized intrusion into lands / territories and penalties for intrusion(Part 2 Section 5 of the Act)
b) consultation with and involvement of our Amerindian peoples in decision making on matters that affect them e.g. Sections 32, 34, 45,48, 50, 55 etc.
c) Government’s recognition of and respect for the Amerindian People’s special relationship with the land and the rights of ownership and possession over these lands – Part V
d) Rights to natural resources on lands including right to participate in the use, management and conservation of the resources e.g. Sections 15, 32, 44 to 58
e) Where the State retains sub surface rights to land resources; consultation prior to exploration and exploitation of such resources e.g. Sections 50, 56.
f) Removal of Amerindian people from their lands. This shall be only where necessary as an exceptional measure in the larger National interest and with their free and informed consent. If consent cannot be obtained, relocation should only occur in compliance with due legal process.
g) Protecting our Indigenous Peoples from Labour Exploitation and Discrimination, Sexploitation, abuse etc. Reference to our Labour Act 98:01, Child protection Act, Trafficking in Person Act etc.

The Government in Guyana has, in consultation and cooperation with our Indigenous population, taken effective measures legal and otherwise in consultation with the Amerindian peoples and their Representatives, to facilitate the provision of resources, programmes, policies, legislation, and in some cases, special measures etc. to guarantee and to advance the rights Of Our Amerindian population.
The Guyana Constitution and the 2006 Amerindian Act are two of these measures. Special Programmes/Policies and other Initiatives have also ranked pari passu with this Legislation while various Government Ministries and Agencies and commensurately appropriate mechanisms have been put in place to administer the programmes.

In this way, we have been able in cooperation and consultation with a more educated, enlightened and healthy Indigenous population, to advance the Indigenous Agenda for development.

We did not need ILO 169 to drive the actions we have been taking in ensuring we work with our Amerindian people to promote and protect their rights. Albeit, we have gone beyond the expectations of ILO 169