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13.2. PRACTICAL APPLICATION: CROSS- BORDER CONTACT AND COLLABORATION
Venezuela: Free transit of indigenous persons and goods across borders.
The 2002 Constitution of the Venezuelan “Amazonas” State, recognizes the right of
indigenous peoples living in international borderlands to freely transit with their goods across the borders.
As expressly spelled out in the Constitution, the rationale for this right is found in the pre-existence of
indigenous peoples with respect to the foundation of the national State.
At the federal level, the Organic Act on Indigenous Peoples and Communities states the right of
indigenous peoples living in borderlands to maintain and develop relations and cooperation
with indigenous peoples and communities living in neighbouring countries, as regards social, cultural,
economic, spiritual, environmental and scientiic activities. In this connection, the Act establishes
the State’s duty to adopt adequate measures, with the participation of the indigenous peoples
and communities concerned, through international agreements, treaties and conventions, with a view to
facilitating and fostering the integration, cooperation, transit, exchanges and economic development of
the indigenous peoples concerned.
The possibility of establishing contacts and cooperation across borders is presented as a
speciic right of the indigenous peoples living in borderlands on the assumption that these peoples
have traditionally maintained relations across borders since an age predating the establishment of modern
States and their boundaries. Correspondingly, the State has a duty to facilitate these relations
and promote them by the adoption of adequate measures, including international agreements. It is
also explicitly stated that the indigenous peoples concerned shall participate in the drafting of these
instruments. The Constitution of the Amazonas State: www.iadb.
orgsdsindindex_ind_e.htm; Ley Orgánica de Pueblos y Comunidades
Indígenas: www.asembleanacional.gov.ve.
Colombia: Areas of Border Integration Law No. 191 of 1995 regarding Border Areas
is designed to foster cooperation and eliminate the obstacles to the natural interaction between
communities living across the national borders. In particular, it aims at promoting cooperation
with regard to local development, the protection of the environment and the supply of public
services. To this end, it provides, in Article 5, for the establishment of “Areas of Border Integration” on the
basis of international agreements to be signed with neighbouring States. Where indigenous communities
live in the areas concerned, the establishment of these is subjected to the prior consultation with
the representative institutions of the indigenous communities concerned. The Law also recognizes
that within the framework of the cooperation and integration agreements signed by the local
authorities of cross-borders countries, indigenous representatives institutions of neighbouring countries
can sign their own cooperation agreements covering matters within their jurisdiction.
http:www.iadb.orgsdsindindex_ind_e.htm
Norway, Sweden, Finland and Russia: Sami cross-border collaboration and reindeer
husbandry The Sami are a classic example of a people with
distinct identity, language, culture, social structures, traditions, livelihoods, history, and aspirations that
have been separated by state borders. For centuries, the Sami were subjected to constantly
changing geopolitical situations, legal and political regimes. Eventually the traditional Sami territory
was divided between Finland, Norway, Russia and Sweden. The Sami people were henceforth forcibly
divided by state boundaries.
Because of the differences in the political and legal systems between the Nordic countries and Russia,
there have been no serious political discussions at the state level about the need to redress Sami
cross-border rights in the Russian-Nordic context. The Sami living in the former Soviet Union USSR
suffered tremendously as a result of the State programme of centralizing the means of production.
The Sami were forced to leave their traditional villages, which were often destroyed to prevent their
return, and relocated to large towns or centres for the State collectivization programme. This resulted in
the destruction of their traditional social, cultural and economic structures. They were effectively isolated
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