Hello Kym
My comments re the harvesting and killing of molluscs for the purpose of obtaining the animals' shells for commercial purposes did not include any reference to indiginous people. Commercial shell dealers have been engaged in such activities for a long time, but as more collectors take up shell collecting as a hobby, there has emerged informed opinion that the practice of collecting live animals has the potential to threaten the sustainability of populations of rare species. Hence importing shells from overseas is now subject to greater scrutiny.
I hope this clarifies my comments. Best wishes.
Hello to Prof. ........ and to Dr........... from Kym Maxwell
Prof........... Relating to our discussion as to the selling of shells by Indigenous peoples. It could be argued that whilst Indigenous peoples are sustainably harvesting a traditional resource such as shells; the ecologies proving the resource and region are being managed and protected by the inhabiting Indigenous population. If Indigenous peoples rights to harvest any resource is impeded by another Governance or peoples; the original peoples may have rights under the Human Rights Act, International Law and the United Nations, to claim priori rights to compensation for their dispossession and loss of their livelihood. It is my view that if Indigenous peoples are dispossessed of a resource, they should indeed be compensated and with the view that those funds being acquired are used for the environmental protection of their resource-region. This could include a provision for the education and employment of the Indigenous parties who are dispossessed. Indigenous Protected Areas (IPA) could be regarded as a National equity that is a vital part of environmental health and health of the broader community. IPAs provide areas to sequestrate carbon, to nurture endemic habitat, medicines, a source of natural biomass and organic food etc. It could be argued that many areas currently being resource exploited and damaged fall into this category (including Crown lands, coastal and river-estuary systems).
I am not in favour of the unsustainable raping and pillaging of natural resources.
Regards from Kym Maxwell.
Indigenous Peoples as A Priori Rights-Holders
Many parks in Asia were home to indigenous peoples long before they were declared protected areas, and often indigenous peoples used those areas long before the creation of the state that now claims sovereignty over the lands. These indigenous communities thus hold a priori or customary rights over the land and removing them from the area constitutes a violation of their rights. Strong opposition is expressed especially by those who were forcibly moved without suitable alternative land for settlement and continuation of their traditional ways of life. Some communities are still seeking redress and restitution of their land.
Article 10 of the U.N. Draft Declaration on the Rights of Indigenous Peoples states “indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option to return.” The process of gazetting parks has indeed violated national and international laws, which provide for the delivery of free, prior, and adequate information to affected people before park development plans are enacted. In most cases, this consultation has not occurred and even if it has, the decisions to establish parks have already been made and alternate options were not given to communities.
The International Labor Organization convention on indigenous people (ILO 169), the Organization of American States-proposed Declaration on the Rights of Indigenous Peoples, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on Civil and Political Rights, the Ramsar Convention, the World Heritage Convention, Agenda 21, various World Conservation Union (IUCN) resolutions, and World Wide Fund for Nature principles are but some examples of legal and policy instruments that recognize indigenous peoples’ rights to lands, territories, and natural resources. The U.N. Draft Decalration also states in numerous articles that indigenous peoples have the rights to maintain culture, religious traditions, languages, education, and economic, political, and social systems. This survival is only possible if indigenous peoples have direct relationships with their traditional lands and territories.
Maxwell, Kym Thomas - maxkt001
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Saturday, 29 January 2011 11:03 PM
Thankyou for the response.
If the coastal, rivers and estuary systems fall within regions of an Indigenous Title, acting within the question of priori rights; all resouces associated may fall into a category affecting the rights of harvest. We would hope that the shells we sell are supporting Indigenos communities within their regions. Many shells are from old collections, the particular importer that we deal with is highly respected within his field. I share your concern if the resources were not being managed in a sustainable way or if shells are being taken in an illegal manner and without the consent of the appropriate authority.
Regards Kym Maxwell
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