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Fact sheet 4: International law, indigenous peoples’ rights
and forest related laws and policies in Guyana
This fact sheet aims to show the provisions for the protection of core rights of indigenous peoples in
international law and in national forest related national laws, policies and practices in Guyana. These
rights are important in relation to FLEGT VPA discussions. The EU FLEGT Briefing Notes 2 points out,
“Finally, existing forest laws in some countries may exclude local people from access to forest
resources, forcing them to operate illegally to meet their basic livelihood needs, or compliance may
be beyond the practical means of small forest operators. Such issues may require examination of the
current law with a view to legislative reform.”
We will focus on three key rights that are essential for the realisation of the fundamental right to
self-determination. The articles and sections listed in the table below are some of the more
important ones:
1) Right to land, territories and resources
2) Right to free, prior and informed consent (FPIC)
3) Right to meaningful participation (important aspect of FPIC)
Abbreviations used in this factsheet:
CBD: Convention on Biological Diversity
CESCR: Committee on Economic, Social and Cultural Rights
CERD: Committee on the Elimination of Racial Discrimination
ICCPR: International Covenant on Civil and Political Rights
ICERD: International Convention on the Elimination of all forms of Racial Discrimination
ICESCR: International Covenant on Economic, Social and Cultural Rights
IACHR: Inter-American Commission on Human Rights
HRC: Human Rights Committee
UNDRIP: United Nations Declaration on the Rights of Indigenous Peoples
Rights of indigenous
peoples in international
law
How national laws and policies treat various rights1
Constitution (1980/2003):
 “Indigenous peoples shall have the right to the protection, preservation
and promulgation of their languages, cultural heritage and way of life.”
(Article 149 G).
Right to own, control, use
and develop traditional
lands, territories and
resources
Relevant provisions and legal
decisions include:
UNDRIP;
ICCPR art. 1 and 27;
ICESCR art 1 and 15;
CRC art. 30 and; General
Comment 11 on Indigenous
Children; General Comment
no. 23 on Article 27 by the
HRC; General Comment no.
21 by the CESCR on Article
15;
ICERD art. 5(d) (v);
CERD Concluding
Observations and follow-up
communications on Guyana’s
reports to the committee;
2
ILO arts. 13-16 ;
Decisions of the IACHR
interpreting instruments
applicable to Guyana (see
e.g. Mary and Carrie Dann
and Toledo Maya of Belize
cases
1
State Lands Act (1972):
 “No grant or sale of any State lands made under this Act shall be deemed
to confer any right to any mineral therein, and all minerals
notwithstanding the grant or sale, shall be deemed to remain and, shall
remain the absolute property of the State” (Section 5). (Minerals are the
absolute property of the state)
 “Everyone who wilfully causes any impediment to the free use or
navigation of any river or navigable creek shall be liable to a fine [...]
(Section 22(1); “Everyone who negligently allows anything to fall into a
river or navigable creek, whereby the free use or navigation of the river or
creek is impeded, or who, by any negligent act or omission, causes the
free use or navigation of the river or creek to be impeded, shall be liable to
a fine [...]” (Section 22 (2)). (It is illegal to cause any obstacles to the free
use or navigation of any river or creek)
Amerindian Act (2006):
 “If an application is approved title shall be granted under the State Lands
Act.” (Section 63 (1)). (The Act provides for Amerindian ownership of some
traditional land through State-granted land titles)
 “A miner who wishes to carry out mining activities on Village lands or in
any river, creek, stream or other source of water within the boundaries of
village lands shall: obtain the consent of at least two-thirds of those
present and entitled to vote at a village general meeting” (Section 48 (g)).
(Small- and medium-scale miners are required to get the consent of the
village before they are allowed mine on titled lands)
 “A person, other than a person referred to in section 54, who wishes to
use forest produce from Village lands shall : obtain the consent of at least
two-thirds of those present and entitled to vote at a village general
meeting” (Section 55(1) e). (Loggers are required to get the consent of the
village before they are allowed to “use forest produce” on titled lands)

“If a Village refuses its consent in respect of large scale mining, a miner
may carry out the mining activities if: the Minister with responsibility for
mining and the Minister declare that the mining activities are in the public
interest” (Section 50 (1) (a))
 “No protected area may be established over the whole or any part of
Village lands without the consent of the Village general meeting” (Section
58 (2))
 “In the case of an Amerindian community, the Minister shall by order
establish a Village Council to hold title on behalf of the applicant
Community and upon the grant of title the Amerindian Community
becomes a Village” (Section 62 (3))
 “Traditional Right means any subsistence right or privilege in existence at
The sections of the different acts are recorded in quotation marks and a reading of the sections is provided in
parenthesis.
2
Guyana has not ratified the ILO convention 169

the date of the commencement of this Act, ... but it does not include
traditional mining privilege” ( Section 2). (Traditional rights of Amerindians
are subject to rights of other lease holders who held leases when the Act
came into force)
“Nothing in this Act shall, except where expressly stated, be construed to
prejudice or alter any traditional right over State lands and State forests
save that where leases have been granted traditional rights shall be
exercised subject to the rights of private leaseholders existing at the date
of commencement of this Act” (Section 57). (Traditional rights of
Amerindians are subject to rights of other lease holders who held leases
when the Act came into force)
Forest Act (2009):

The Forest Act 2009 states that in the issuance of forest concessions other
land uses and rights held need to be taken into consideration.
 “A person may, in relation to a State Forest, exercise or perform any
rights, power, duty or privilege [...] (e) held by any Amerindian Village or
Community under sustainable none commercial practices immediately
before the commencement of this Act, if the right, power, duty or
privilege (as the case may be) is exercised or performed sustainably in
accordance with the spiritual relationship of the group with the land”
(Section 5 (2) (e)). (This suggests that some rights and privileges of
Amerindians must be respected in land that is considered state forest.
However, the Act does not clarify what these rights and privileges are and
whether they refer to use or ownership.
Mining Act (1989):
 “Subject to other provisions of this Part, all minerals within the lands of
Guyana shall vest in the State” (Section 6). (All minerals are owned by the
state)
 “For the purpose of this Act, all land occupied or used by Amerindian
communities and all land necessary for the quiet enjoyment by the
Amerindians of any Amerindian settlement, shall be deemed to be lawfully
occupied by them” (Section 112)
Protected Areas Act (2011):
 “An Amerindian community or Amerindian village which has or which
claims traditional rights within a national protected area shall notify the
management authority of such rights and the management authority may
carry out an investigation in order to verify the existence of such
traditional rights” (section 72). (Amerindian communities and villages shall
notify the protected area management authority of their traditional rights
in the area.)
GFC manual of procedures for State Exploratory Permits (1999):
 “An exploratory permit will not be issued for any area that is occupied,
claimed or used by Amerindians” (Section 4)
Code of Practice for Timber Harvesting (2002):
 “The legal, social, and ecological integrity of all Amerindian lands shall be
respected” (art. 10.1.2 a)
Land title documents of Amerindian villages:
 Some of these specify that mineral and subterranean water resources are
excluded
Right to free, prior and
informed consent
Relevant provisions and legal
decisions can be found in
UNDRIP arts. 10, 11.2, 19, 28,
29.2, 32.2;
ILO 169 arts. 6 and 16;
CERD General
Recommendations 23;
CERD’s Concluding
Observations on Guyana’s
reports to the committee,
paras. 14, 17 and 19;
CESCR General Comment no.
21 on article 15; rulings of
IACHR on Saramaka-case in
Surinam and Awas Tingnicase in Nicaragua
FPIC is also supported,
although by the use of other
words (e.g. selfdetermination and culture),
in the following treaties:
ICCPR, ICESCR, and ICERD
Constitution (1980/2003):
 “Subject to paragraphs (3) and (6), every person, as contemplated by the
respective international treaties set out in the Fourth Schedule to which
Guyana has acceded is entitled to the human rights enshrined in the said
international treaties, and such rights shall be respected and upheld by
the executive, legislature, judiciary and all organs and agencies of
government and, where applicable to them, by all natural and legal
persons and shall be enforceable in the manner hereinafter prescribed”
(Section 154 A (1)). (Human rights enshrined in the international treaties
that Guyana has signed and named in the Fourth Schedule shall be upheld
by executive, legislature, judiciary and all other organs and agencies of
Government)
 “If any person alleges that any of the rights referred to in paragraph (1),
has been, is being or is about to be contravened in relation to him or her,
then, without prejudice to any other action with respect to the same
matter which is lawfully available, that person may apply to the Human
Rights Commission in such manner as the Commission may prescribe, for
redress” (section 154 A (4)). (A person can complain to the Human Rights
Commission (not yet established) if any right under these treaties are
contravened in relation to him/her)
Amerindian Act (2006)

“If a Village refuses its consent in respect of large scale mining, a miner
may carry out the mining activities if: the Minister with responsibility for
mining and the Minister declare that the mining activities are in the public
interest” (Section 50 (1) (a) (In the case of large scale mining, the Minister
has the power to override a “no” from the village, in effect disregarding
the right to FPIC
 “If the Guyana Forestry Commission intends to issue a permit, concession,
licence, timber sales agreement or other permission in respect of any
State forest which are contiguous with Village lands the Guyana Forestry
Commission shall first consider the impact on the Village” (Section 56)
(This does not say that the GFC must get the consent of the village or that
they must be notified, just that they shall first consider)
 “Within one month of receiving an application under section 59 or section
60 the Minister shall respond in writing acknowledging receipt” (Section
61 (1)); “Within six months the Minister shall cause an investigation to
commence to obtain the following information [...]” (Section 61 (2));
 “the Minister shall make a decision within six months of the investigation
being completed” (Section 62 (1)). (No other person or body is named in
this decision making process other than the Minister and no criteria that
should guide the decision-making by the Minister are mentioned)
Protected Areas Act (2011):
 According to this Act in establishing a protected area, “Before making a
recommendation to the Minister the Commission shall [...] take
reasonable steps to identify and consult any Amerindian community or
Amerindian village that exercise traditional rights within the area” (Section
28 (1) (f) (This speaks of consultation but not consent)
Low Carbon Development Strategy (2010):
 It states that Amerindian villages shall exercise FPIC in the choice of opting
into the REDD+ mechanism. Titled villages have the opportunity to opt in.
Right to meaningful
participation in national
processes and developments
and in making decisions that
affect them (an important
aspect of FPIC)
Relevant provisions found in
the HRCs General Comment
no. 23 on Article 27; CERD
General Recommendation
23; ILO 169; UNDRIP art. 18.
This right is also covered
under the right to selfdetermination, which is
found in the ICCPR and
ICESCR
Constitution (1980/2003):
 Article 154A (1) (See Article under heading Right to Free, Prior and
informed Consent). (The right of indigenous peoples to participate in
decisions that affect them is covered under the principle of selfdetermination contained in these international treaties)
 Article 13 calls for participation of citizens in decision-making
processes that directly affect their well-being. Participation of
indigenous people is especially promoted in section 212T
Protected Areas Act (2011):
 “The management authority of a protected area must notify all
Amerindian communities in the area of the proposed area
management plan and must provide at least 4 weeks for the
communities to comment on the plan” (section 71)
th
International treaties listed in Guyana’s constitution as binding on the state (see 4 Schedule):
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Convention on the Right of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
International Convention on the Elimination of all forms of Racial Discrimination (ICERD)
Convention Against Torture and Other Inhuman or Degrading Treatment or Punishment
International Covenant on Economic, Social and Cultural Rights (ICESCR)
International Covenant on Civil and Political Rights (ICCPR)
Inter-American Convention on the Prevention, Punishment and Eradication of Violence against
Women
Other international human rights instruments signed by Guyana:
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United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Convention on Biological Diversity (CBD)
Optional Protocol to the ICCPR
Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms
of Child Labour
Freedom of Association and Protection of the Right to Organise Convention