Albert K. Buume, special rapporteur on the rights of indigenous peoples
The Congolese Albert K. Barume (Bukavu, 1966) is, since last December, a special rapporteur on the rights of indigenous peoples in the United Nations.
With more than 25 years of work related to original communities, it has become the first African to hold the position. Present in numerous international forums, last February he participated in the seventh world meeting of the forum of indigenous peoples, organized by the International Agricultural Development Fund (FIDA). In this meeting, plus 40 leaders of indigenous peoples of the South Global met in Rome to claim their right to self -determination as a path to food safety and sovereignty. In a complex and uncertain geopolitical scenario, indigenous leaders expressed their will and ability to contribute to ensure a habitable future for all.
What is your work as a special rapporteur?
The Human Rights Council has four main activities. The first is to produce two thematic reports for the United Nations on the situation of indigenous rights. The second has to do with receiving complaints of rights violations and intermediating between who denounces and who is denounced. The third includes visits to countries. To do so, I write and request a visit to a certain country. When they answer me affirmatively, I go there to talk and interview myself with different actors and inform about it to the United Nations. And the fourth Pilar is part of what I am doing here in the FIDA with the forum of indigenous peoples. It is an awareness work, capacities construction with this type of event. It is about bringing the focus towards human rights, in this case of indigenous peoples.
Can you present an overview of the situation in which indigenous peoples are?
The situation differs from region to region. The one of the indigenous peoples in Latin America is different from the one we are in Africa, North America, Asia and other places. But, in short, what they suffer is discrimination. Because of this discrimination this coordination mechanism was established. The objective is not to put indigenous peoples in a special category. The regime for indigenous peoples tries to create equality in access, in exercise and enjoyment of their rights, and that is common in all regions. Throughout the world we have found discrimination related to access to the Earth, access to justice, with access to education, with access to health … So that discriminating will is a general issue, but the contexts are different in each region. Global challenges, such as climate change, loss of biodiversity, pressure for natural resources, have a greater impact on indigenous peoples because of their marginalization.
What clarifies the situation of African indigenous peoples?
We can ask this question otherwise. We should focus on the importance of the indigenous population in Africa and not in the discrimination suffered by indigenous people. What makes it particular, either in Africa, Latin America or Europe, is that discrimination is based on a kind of dehumanization. Indigenous people are considered by the majority as subhuman. They consider them as a culture, as a non -modern way of life, not good enough. And those people are forced to abandon their culture to embrace the culture of the dominant society. That is the type of discrimination suffered by indigenous people. The question is if that discrimination is also given in Africa. The answer is yes. In Africa there are communities that are considered by other communities such as subhumas, such as non -civilized. Its culture is seen as unpleasant. Those are the communities that concern us in Africa, although we must clarify that they are not all Africans or all communities in Africa.
What communities in the continent suffer from this type of discrimination?
There are some like pigmety. In certain countries in Africa there are no food with them, they are seen as indigenous, as subhumans. There are communities such as the San, in the Kalahari desert, which are also seen as a wild culture. These are two examples of communities that suffer from this type of discrimination.
Are the actors of discrimination mainly African peoples or the colony was also a factor of discrimination over these native peoples?
That is a good question. We talk about contemporary discrimination. In Africa we talk about post -colonized discrimination. The entire rights system of indigenous persons is part of a postcolonized regime. International law in this field was approved after 60. The concept of indigenous people in Africa is related to postcolonial discrimination.
Is discrimination a form of racism? Could you simplify that way?
The definition in the International Law of Racial Discrimination, the Convention against Racism, defines racial discrimination as a discrimination based on ethnic origin. And it is exactly what happens in relation to indigenous peoples in Africa. The discrimination of indigenous peoples has a racial component.
There are indigenous peoples who live in natural environments with many resources, such as minerals or woods, likely to be exploited. Does the neoliberal model condition or accentuate the discrimination that exists over the original peoples?
Of course, that situation really exacerbates. We talk about people whose way of life is not considered sufficiently civilized so that they are recognized even the right to land. That is one of the consequences of the non -recognition of the culture of these people: the traditional use of the land or the right to it is not recognized. That conception leads to communities such as pigmety to be outside the land owned regime. When a company arrives and seeks to consult local communities (to start an exploitation), it will not talk to pigmers because they are not considered owners. This model exacerbates that pre -existing discrimination.
Do African governments have instruments to control those? In the case of not having them, do you want to endow those weapons to protect the original peoples?
The African continent has the African Charter of Human Rights and Peoples. It is one of the few regions of the world that recognizes that, in addition to the individual rights of people, there are also collective rights of peoples. That is one of the reasons why in the African continent the traditional land tenure is recognized in most states. In theory there is an instrument there. If you are an investor, a mining company, you not only have to talk to the states, but you must also do it with local communities. Beyond that, the African union has developed tools to make inclusive use of natural wealth. There is still no continental convention, although work is being done on it, so that wealth is handled so that it benefits the majority of the population of the continent.
You worked in 2007 in the UN declaration on the rights of indigenous peoples. Did then be that this would be the definitive document to guarantee the rights of indigenous communities?
The declaration does not create any human rights, what it does is reformulate the rights that are contained in the existing international instruments, such as the two agreements of 1966. In some way, the declaration copy and reformulate those same rights. I believe that the United Nations declaration is sufficient to ensure that indigenous peoples enjoy those rights. That is what I think. When you look at the number of times referring to the declaration in judgments, in court, at national or international level, you realize that it is not necessary to have a legal content so that it is valid and respected.
Do you think that public opinion is concerned about the rights of indigenous peoples?
I believe that if public opinion was well informed of what indigenous peoples claim, most public opinion would understand. I think that the rights of indigenous peoples generate misunderstandings and create fears or resentments for not being well known.
