Albert DeTERVILLE, Executive Chairperson Secretariat of the Indigeneous Peoples Regional Competent Authority (IPRCA) for the Association of Caribbean States (ACS),
AND Internationally Accredited Indigeneous People's Expert
I, Albert Deterville, wrote the following commentary to be posted for all to understand the current situation.
All are welcome to contact me for detailed information through firstname.lastname@example.org
It should be noted that Anse L’Ivronge was renamed YUKAHU BAY by the Indigenous People (Bethechilokono) of Saint Lucia (BGC) in recognition of the State of Saint Lucia's adoption of the United Nations Declaration on the Rights of Indigenous Peoples.
We the Indigenous People (Bethechilokono) of Saint Lucia Governing Council (BGC) have called on successive governments to RESPECT the Ancestral and Historical RIGHTS of the Indigenous People of Saint Lucia to Lands, Territories and Resources.
The Indigenous People (Bethechilokono) of Saint Lucia anticipates that the present Administration of Prime Minister Allen CHASTANET will ACCEPT the offer of the Indigenous People (Bethechilokono) of Saint Lucia to establish a Platform for DIALOGUE to address the current issue relating to the YUKAHU BAY aka Anse L’Ivronge.
YUKAHU BAY aka Anse L’Ivronge BELONGS to the Indigenous People of Saint Lucia.
The YUKAHU BAY issue needs to be brought to closure, as well as all the other BEACHES.
There are International Guidelines regarding the treatment of SACRED and CULTURAL SITES that the State of Saint Lucia has adopted, but not implemented.
There is one called: Akwe’: GUIDELINES
For the conduct of Cultural, Environmental and Social Impact Assessments regarding developments proposed to take place on, or which are likely to impact on, SACRED SITES and on LANDS and WATERS traditionally occupied or used by Indigenous and local communities.
The State of Saint Lucia MUST INSTRUCT the DCA and the PMA-WHS to RESPECT the Guidelines.
Apart from myself, I am not aware of any other Saint Lucian that is familiar with the Guidelines.
There are also Operational Policies on the Subject matter, that must be followed by the State of Saint Lucia (World Bank, FAO, GEF, UNDP, EU, among others).
Please take a look at the following sections of Revised Treaty of Chaguaramas (2001) and the Charter of Civil Society of the CARICOM Community adopted soon after 1973.
Note how the Rights of the Indigenous Peoples are SPECIFIC.
Saint Lucia is UNDER OBLIGATION to implement these RIGHTS.
These pronouncements were before the State of Saint Lucia adopted the UN Declaration on the Rights of Indigenous Peoples in 2007.
The draft was constructed on Articles 64:6 and 66 of the Revised Treaty of Chaguaramas and Article XI of the CARICOM Charter of Civil Society.
Article 64.6: “COTED shall co-operate with the Member States and competent organisations to devise means of Protecting, Developing and Commercialising LOCAL KNOWLEDGE about the VALUE and USE of the Region’s biodiversity for the BENEFIT of their populations, especially their Indigenous Peoples.”
Article 66: “COTED shall promote the protection of INTELLECTUAL PROPERTY RIGHTS within the Community by, inter alia:
(a) the strengthening of regimes for the protection of INTELLECTUAL PROPERTY RIGHTS and the simplification of registration procedures in the Member States;
(b) the establishment of a regional administration for INTELLECTUAL PROPERTY RIGHTS except copyright;
(c) the identification and establishment, by the Member States of mechanisms to ensure:
(i) the use of Protected Works for the enhanced benefit of the Member States;
(ii) the Preservation of INDIGENOUS CARIBBEAN CULTURE; and
(iii) the LEGAL Protection of the expressions of FOLKLORE, other TRADITIONAL KNOWLEDGE and NATIONAL HERITAGE, particularly of INDIGENOUS POPULATIONS in the Community;
(d) increased Dissemination and Use of Patent Documentation as a source of technological information;
(e) public education;
(f) measures to prevent the abuse of intellectual property rights by rights holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology; and
(g) participation by the Member States in international regimes for the protection of INTELLECTUAL PROPERTY RIGHTS.
Article XI of the CARICOM Charter of Civil Society: “CARICOM member states undertake to protect the Historical Rights of Indigenous Peoples and RESPECT their Culture and Way of Life.”
The Indigenous People of Saint Lucia constitute approximately ONE-THIRD of the POPULATION. There may be more. We are the LARGEST ETHNIC GROUP in Saint Lucia (approximately 65,000 persons).
NONE of the past Administrations comprehend or know the Rights of the Indigenous People of Saint Lucia.
No other Saint Lucian or CARICOM national, other than myself (for the last 37 years) has had such involvement in the UN and OAS and CARICOM on issues regarding the Protection and Promotion of the Rights of Indigenous Peoples.