BACKGROUND

The Constitution of the Cooperative Republic of Guyana provides special rights and representation organs for Amerindians. While customary law is not expressly recognized, the Constitution recognizes the right of indigenous people to the protection, preservation and promulgation of their languages, cultural heritage and way of life. It also establishes, for the purpose of strengthening social justice and the rule of law, the Indigenous Peoples’ Commission, whose functions include, among others, the promotion and protection of indigenous people’s rights and the empowerment of Amerindian authorities.

Similarly, the Amerindian Act of 2006 does not explicitly recognize customary law, but it establishes traditional rights for Amerindians understood as subsistence rights or privileges. It also establishes a land demarcation and titling process to grant formal land rights over lands traditionally occupied by Amerindians and formally recognizes Amerindian authorities and representation bodies. The Act gives powers to Village Councils to administer village lands (lands under a land title) and to make rules governing different aspects such as access and occupation of lands and use of natural resources including wildlife and fisheries. Such rules are subject to prior approval by the Minister of Amerindian Affairs and publication in the Official Gazette. Unlike Village Councils, Amerindian communities do not hold similar powers as they do not hold formal land titles.The Rupununi (Region 9) is in the southwest of the country and covers 57 750 km2 with approximately 24000 inhabitants who are mostly indigenous peoples: Wai-Wai in the forested deep south, Wapichan in South and South Central, and Makushi in the North. This section focuses in particular on the Wapichan, whose livelihoods are based on fishing, hunting, rearing domestic livestock and the cultivation of fruit trees.