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UN General
Assembly backs indigenous peoples' rights
September 13, 2007
UNITED NATIONS (AFP) - The UN General Assembly on Thursday adopted a
non-binding declaration upholding the human, land and resources rights of the
world's 370 million indigenous people, brushing off opposition from Australia,
Canada, New Zealand and the United States.
The vote in the assembly was 143 in favor and four against. Eleven countries,
including Russia and Colombia, abstained.
The declaration, capping more than 20 years of debate at the United Nations,
also recognizes the right of indigenous peoples to self-determination and sets
global human rights standards for them.
It states that native peoples have the right "to the recognition,
observance and enforcement of treaties" concluded with states or their
successors.
Indigenous peoples say their lands and territories are endangered by such
threats as mineral extraction, logging, environmental contamination,
privatization and development projects, classification of lands as protected
areas or game reserves amd use of genetically modified seeds and technology.
Victoria Tauli-Corpuz, the Philippine chair of the UN Permanent Forum on
Indigenous Issues, joined UN chief Ban Ki-moon in hailing the vote.
"It marks a major victory for Indigenous peoples," said Tauli-Corpuz,
adding that the document "sets the minimum international standards for
the protection and promotion of the rights" of native peoples.
But Canada, Australia, New Zealand and the United States, countries with
sizable indigenous populations, expressed disappointment with the text.
Australia on Friday defended its decision to oppose the declaration, saying
the document was "outside what we as Australians believe to be
fair."
"We haven't wiped our hands of it, but as it currently stands at the
moment, it would provide rights to a group of people which would be to the
exclusion of others," Indigenous Affairs Minister Mal Brough said.
But Australia's top rights group, which welcomed the declaration, said it was
"a matter of great regret" that it was opposed by Canberra.
The declaration, which recognises the right to self-determination, was "a
milestone for the world's indigenous peoples," Tom Calma, of Australia's
Human Rights and Equal Opportunities Commission, said.
"It also acknowledges that without recognising the collective rights of
indigenous peoples and ensuring protection of our cultures, indigenous people
can never truly be free and equal," he said.
The New Zealand government said Friday it voted against the UN declaration on
indigenous rights because it disadvantaged non-indigenous people and conflicts
with the country's laws.
Parekura Horomia, the New Zealand minister responsible for policy on the
native Maori people, said his government was committed to protecting the
rights of indigenous people.
But Horomia, himself a Maori, said the UN declaration on the human, land and
resource rights of indigenous people was incompatible with New Zealand law.
"These articles imply different classes of citizenship where indigenous
people have a right of veto that other groups or individuals do not have,"
Horomia told Radio New Zealand.
New Zealand was far ahead of other countries in promoting the rights of
indigenous people, he said.
"Unfortunately, the provisions in the Declaration on lands, territories
and resources are overly broad, unclear, and capable of a wide variety of
interpretations, discounting the need to recognize a range of rights over land
and possibly putting into question matters that have been settled by treaty,"
Canada's UN Ambassador John McNee told the assembly.
Among contentious issues was one article saying "states shall give legal
recognition and protection" to lands, territories and resources
traditionally "owned, occupied or otherwise used or acquired" by
indigenous peoples.
Another bone of contention was an article upholding native peoples' right to
"redress by means that can include restitution or when not possible just,
fair and equitable compensation, for their lands and resources "which
have been confiscated, taken, occupied, used or damaged without their free,
prior ad informed consent".
Opponents also objected to one provision requiring states "to consult and
cooperate in good faith with the indigenous peoples ...to obtain their free
and informed consent prior to the approval of any project affecting their
lands or territories and other resources, particularly in connection with the
development, utilization or exploitation of mineral, water or other resources."
Indigenous advocates note that most of the world's remaining natural resources
-- minerals, freshwater, potential energy sources -- are found within
indigenous peoples' territories.
A leader of Canada's native community, Phil Fontaine, slammed his government's
stance.
"We're very disappointed with Canada's opposition to the declaration on
indigenous peoples," said Fontaine, leader of Assembly of First Nations,
who came to New York to lobby for adoption of the text.
Canada's indigenous population is about 1.3 million people, out of a total
population of 32.7 million.
Adoption of the declaration by the assembly had been deferred late last year
at the behest of African countries led by Namibia, which raised objections
about language on self-determination and the definition of "indigenous"
people.
The Africans were won over after co-sponsors amended an article to read that
"nothing in the declaration may be ...construed as authorizing or
encouraging any action which would dismember or impair, totally or in part,
the territorial integrity or political unity of sovereign and independent
states."
The declaration was endorsed by the Geneva-based UN Human Rights Council last
year.
UN adopts declaration on rights
for indigenous peoples worldwide
September 13, 2007
UNITED NATIONS: The U.N. General Assembly adopted a declaration
Thursday that provides for rights of native peoples worldwide despite
objections from the United States, Canada, Australia and New Zealand, who
argued that it was incompatible with existing laws.
The declaration affirms the equality of the more than 370 million indigenous
peoples and their right to maintain their own institutions, cultures and
spiritual traditions. It also establishes standards to combat discrimination
and marginalization and eliminate human rights violations against them.
The U.N. Declaration on the Rights of Indigenous Peoples was approved by the
Human Rights Council in Geneva in June 2006 and sent to the 192-member General
Assembly for adoption. The assembly put off final approval in December but
pledged to vote before the end of its current session next week.
The declaration, which is not legally binding, was approved by a vote of
143-4, with 11 abstentions.
"This marks a historic moment when U.N. member states and indigenous
peoples have reconciled with their painful histories and are resolved to move
forward together on the path of human rights, justice and development for
all," Secretary-General Ban Ki-moon's spokeswoman, Michele Montas, said.
The declaration, which was approved after more than 20 years of deliberation,
calls on states to prevent or redress the forced migration of indigenous
peoples, the seizure of their land or their forced integration into other
cultures. It also grants indigenous groups control over their religious and
cultural sites and the right to manage their own education systems, including
teaching in their own languages.
The opponents and many of the countries that abstained said they wanted to
work toward a solution, but they took exception to several key parts of the
declaration, which they said would give indigenous peoples too many rights and
clash with existing national laws.
Several detractors also warned that the declaration set a poor precedent,
calling the text confusing and unclear.
"We're not standing against the issue," said Benjamin Chang, a
spokesman for the U.S. Mission to the U.N. "We want one that is universal
in its scope and can be implemented. What was done today is not clear. The way
it stands now is subject to multiple interpretations and doesn't establish a
clear universal principal."
Australia's U.N. Ambassador Robert Hill said the declaration failed to meet
standards "that would be universally accepted, observed and upheld."
He said "Australia continues to have many concerns with the text."
The U.S. and Australia said sponsors excluded them from negotiations where
agreement was reached on the amended text.
Victoria Tauli-Corpuz, chairman of the U.N. Permanent Forum on Indigenous
Issues, said the declaration "sets the minimum international standards
for the protection and promotion of the rights of indigenous peoples."
"Therefore, existing and future laws, policies and programs of indigenous
peoples will have to be redesigned and shaped to be consistent with this
standard," she said.
Tauli-Corpuz said the declaration was "a major victory" for the
United Nations in establishing international human rights standards, but she
said the real test will be whether countries implement it.
In 1982, the Working Group on Indigenous Peoples was formed, and three years
later they started work on a declaration that was not completed until 1993.
The Commission on Human Rights then set up its own working group and has been
reviewing the agreement annually since.
SOURCE
13.09.2007
UN adopts resolution on
indigenous peoples' rights
UNITED NATIONS, Sept. 13 (Xinhua) - The UN General Assembly adopted on
Thursday a resolution calling for the protection of the rights of indigenous
peoples.
The resolution was adopted by a vote of 143 in favor, four against and 11
abstentions in the 192-member assembly. Australia, Canada, New Zealand and the
United States cast the negative vote.
In the non-binding resolution, the assembly decided to adopt the United
Nations Declaration on the Rights of Indigenous Peoples, which was contained
as an annex to the document.
The Human Rights Council adopted the declaration on June 29, 2006, which had
been drafted and debated for more than two decades and the assembly had
deferred action after some member states raised concerns.
The declaration emphasizes the rights of indigenous peoples to maintain and
strengthen their own institutions, cultures and traditions and to pursue their
development in keeping with their own needs and aspirations.
The text prohibits discrimination against indigenous peoples and promotes
their full and effective participation in all matters that concern them, as
well as their right to remain distinct and to pursue their own visions of
economic and social development.
General Assembly President Sheikha Haya Rashed Al Khalifa, Secretary-General
Ban Ki-moon and High Commissioner for Human Rights Louise Arbour have all
welcomed the adoption of the declaration.
Sheikha Haya said that "the importance of this document for indigenous
peoples and, more broadly, for the human rights agenda, cannot be
underestimated. By adopting the declaration, we are also taking another major
step forward towards the promotion and protection of human rights and
fundamental freedoms for all."
But she warned that "even with this progress, indigenous peoples still
face marginalization, extreme poverty and other human rights violations."
"They are often dragged into conflicts and land disputes that threaten
their way of life and very survival; and, suffer from a lack of access to
health care and education," she noted.
In a statement released by his spokesperson, Ban described the declaration's
adoption as "a historic moment when UN member states and indigenous
peoples have reconciled with their painful histories and are resolved to move
forward together on the path of human rights, justice and development for
all."
He called on governments and civil society to ensure that the declaration's
vision becomes a reality by working to integrate indigenous rights into their
policies and programs.
Arbour noted that the declaration has been "a long time coming. But the
hard work and perseverance of indigenous peoples and their friends and
supporters in the international community has finally borne fruit in the most
comprehensive statement to date of indigenous peoples' rights."
Canada's UN Ambassador John McNee said that his country was disappointed to
have to vote against the declaration and that it had "significant
concerns" about the language in the document.
The provisions on lands, territories and resources "are overly broad,
unclear and capable of a wide variety of interpretations" and could put
into question matters that have been settled by treaty, he said.
McNee said the provisions on the need for states to obtain free, prior and
informed consent before it can act on matters affecting indigenous peoples
were unduly restrictive, and he also expressed concern that the declaration
negotiation process over the past year had not been "open, inclusive or
transparent."
The UN Permanent Forum on Indigenous Issues estimates there are more than 370
million indigenous people in some 70 countries worldwide.
Editor: Mu Xuequan
SOURCE
13.09.2007
Ogiek Response on the UN Declaration on
the Rights of Indigenous Peoples adoption by General Assembly
The draft declaration on the rights of the indigenous peoples is self
explanatory. The concept of who are the Indigenous various globally, for
instance in Africa, the States refers indigenous people from their methods of
occupation and use of land such as hunter gatherers and pastoralist. Some of
these communities practicing hunting and gathering are namely; Ogiek, San,
Yaaku, Sengwer, Pygmies, Batwaa, Gana and the Gwi, Hadzabe and Waata, Akie
e.t.c . The pastoralist includes the Maasai, Mbororo, Tuareg, Turkana, Pokots,
Elmolo, Barabaig, and Toubou.
The vitality of the Declaration are among other things provides self
determination 'not intercede' to the indigenous peoples. The right to use
control and manage natural resources for sustainable development is guaranteed
in the draft.
Draft Declaration is not much different with the Universal Declarations on
Human Rights (UDHR), though it emphasizes its protection to the vulnerable and
marginalized groups who are commonly living with the rich natural resources
like forest, lakes, mountains, wildlife and minerals. Such communities deserve
direct benefits from these natural resources found within their territories or
localities.
By States Parties adopting this declaration, the lives of these indigenous
peoples will be improved on an equal footing with the rest of the world
citizens. It's a clear sign that majority of tag of war and conflicts among
the indigenous and the exploiters (multinationals companies, non-indigenous
and governments) will be brought to and end. The declaration legitimizes the
rights to prior informed consent, consultations and participation which are
similar to the ILO Con.169 that provides the right to self identification.
The Declaration provides affirmative actions to safeguard the interest,
beliefs and values of the indigenous peoples. Indigenous Peoples will be
henceforth be involved in decision making processes in political,
socio-economic and cultural rights.
Redressing the historical injustices related to education, traditional
knowledge and issues related to culture, the Declaration does recognize the
vitality of traditional knowledge applied in the management of the environment
by the indigenous peoples.
Concerning the forceful removal of Indigenous people from their ancestral
land, the Declarations urge the states to consult the bona fide parties (Indigenous
Peoples) before any commencement. This means proper mechanisms must be
developed by states parties to act as guidelines before establishing any
project that might affects their livelihoods.
In this Declaration, both collectives and individuals rights are guaranteed;
hence Indigenous Peoples will have an opportunity to choose between the two on
land ownership.
This article is the effort of analysis by Mr. Kiplangat Cheruiyot and
Mr. Kiuwape Simion hail from the Ogiek of Mau Forest in Kenya.
SURVIVAL
INTERNATIONAL PRESS RELEASE
13 September 2007
JUBILATION AS UN APPROVES
INDIGENOUS PEOPLES DECLARATION
Indigenous peoples around the world are today celebrating the UN
General Assembly's approval of the Declaration on the Rights of
Indigenous Peoples. The declaration was approved by an overwhelming
majority in an historic vote in New York today.
The vote is the climax of 22 years of intensive debate and
negotiation. Australia, New Zealand, Canada and the United States
voted against the declaration, whilst 143 nations voted in favour
and eleven abstained.
Botswana Bushman Jumanda Gakelebone of First People of the
Kalahari said today, 'We would like to say that we are really
very happy and thrilled to hear about the adoption of the
declaration. It recognises that governments can no longer treat us
as second-class citizens, and it gives protection to tribal peoples
so that they will not be thrown off their lands like we were.'
Kiplangat Cheruiyot of Kenya's Ogiek tribe said today, 'With
the adoption of the declaration, the lives of indigenous peoples
will be improved on an equal footing with the rest of world citizens.'
Survival's director Stephen Corry said today, 'The declaration on
indigenous peoples, with its recognition of collective rights, will
raise international standards in the same way as the universal
declaration on human rights did nearly 60 years ago. It sets a
benchmark by which the treatment of tribal and indigenous peoples
can be judged, and we hope it will usher in an era in which abuse of
their rights is no longer tolerated.'
The declaration recognises the rights of indigenous peoples to
ownership of their land and to live as they wish. It also affirms
that they should not be moved from their lands without their free
and informed consent.
PRESS RELEASE
Historic Milestone
for Indigenous Peoples Worldwide as UN Adopts Rights Declaration
New York, 13 September – Marking an historic achievement for the
morethan 370 million indigenous peoples worldwide, the General
Assemblytoday adopted the Declaration on the Rights of Indigenous
Peoples, the result of more than two decades of consultation and
dialogue among governments and indigenous peoples from all regions.
“Today, by adopting the Declaration on the Rights of Indigenous
Peoples we are making further progress to improve the situation of
indigenous peoples around the world,” stated General Assembly
President Haya Al Khalifa.
“We are also taking another major step forward towards the promotion
and protection of human rights and fundamental freedoms for all.”
Secretary-General Ban Ki-moon warmly welcomed the adoption, calling
it “a triumph for indigenous peoples around the world.”
He further noted that “this marks a historic moment when UN
MemberStates and indigenous peoples reconciled with their painful
histories and resolved to move forward together on the path of human
rights, justice and development for all.”
Adopted by the Human Rights Council in June 2006, the Declaration
emphasizes the rights of indigenous peoples to maintain and
strengthent heir own institutions, cultures and traditions and to
pursue their development in keeping with their own needs and
aspirations. Itestablishes an important standard for eliminating
human rights violations against indigenous peoples worldwide and for
combating discrimination and marginalization.
“The 13th of September 2007 will be remembered as an international
humanrights day for the Indigenous Peoples of the world, a day that
the United Nations and its Member States, together with Indigenous
Peoples, reconciled with past painful histories and decided to march
into the future on the path of human rights,” said Ms. Vicky
Tauli-Corpuz, Chairperson of the UN Permanent Forum on Indigenous
Issues.
The Declaration addresses both individual and collective rights,
cultural rights and identity, rights to education, health,
employment, language and others. The Declaration explicitly
encourages harmoniousand cooperative relations between States and
Indigenous Peoples. It prohibits discrimination against indigenous
peoples and promotes theirfull and effective participation in all
matters that concern them. Calling the Declaration “tangible proof
of the increasing cooperation of States, Indigenous Peoples and the
international community as a whole for the promotion and protection
of the human rights of indigenous peoples”, Under-Secretary-General
for Economic and Social Affairs, Mr.Sha Zukang said that the UN “has
fulfilled its role as the world’sparliament and has responded to the
trust that Indigenous Peoples around the world placed in it, that it
will stand for dignity and justice, development and peace for all,
without discrimination.”
The Declaration was adopted by an overwhelming majority of the
General Assembly, with 143 countries voting in support, 4 voting
against (Australia, Canada, New Zealand and the United States) and
11 abstaining (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia,
Georgia, Kenya, Nigeria, Russian Federation, Samoa, Ukraine).
United Nations Human Rights
Council establishes new Expert Mechanism on the Rights of Indigenous
Peoples
December 13th, 2007
Geneva Switzerland
On December 13th 2007, in the closing hours of its 6th session, the
United Nations Human Rights Council adopted by consensus a
resolution to establish a new subsidiary body, the "Expert Mechanism
on the Rights of Indigenous Peoples".
The UN Human Rights Council was created by the UN General Assembly
in March 2006 to replace the Commission on Human Rights. Its mandate
is to be "responsible for promoting universal respect for the
protection of all human rights and fundamental freedoms for all", to
"address situations of violations of human rights" and to "promote
the effective coordination and mainstreaming of human rights within
the United Nations system".
According to the resolution which established it, the new Expert
Mechanism will "assist the Human Rights Council in the
implementation of its mandate" by providing thematic expertise and
making proposals to the Council pertaining to the rights of
Indigenous Peoples.
The new Mechanism will consist of 5 independent experts selected
according to the same process established for selection of other UN
experts. They will meet once a year and report directly to the
Council. Participation will be open to states (countries), UN
experts and agencies, Non-governmental Organizations and Indigenous
Peoples' organizations, among others. The resolution "strongly
recommends" that Indigenous experts be included among the members.
Nominations may be submitted by Indigenous organizations as well as
states.
At its first session in June 2006, the Human Rights Council adopted
the UN Declaration on the Rights of Indigenous Peoples, which was
subsequently adopted by the UN General Assembly on September 13th,
2007. International Indian Treaty Council (IITC) Executive Director
Andrea Carmen, Yaqui Nation, was present for both the adoption of
the Declaration and the establishment of the new Expert Mechanism,
and sees a direct link between the two. "This new Mechanism will
provide us with the opportunity to propose ways for the Council, UN
member states and the UN system as whole to implement the
Declaration" she said.
Andrea also stated that IITC and other Indigenous organizations are
looking forward to working with the new body to review
recommendations from key studies carried out by the former Working
Group on Indigenous Populations, which has now been replaced by this
new mechanism under the restructuring of the UN Human Rights System.
These include the UN Study on Treaties, the Study on Permanent
Sovereignty over Natural Resources, the Study on Indigenous Peoples'
Cultural Heritage and others. "These studies include extensive input
by Indigenous Peoples and make very important recommendations which
have never been implemented or, in many cases, fully endorsed, by
the UN and its member states. The new Mechanism has been given a
mandate which clearly includes making proposals for follow-up on the
unfinished work of these studies", she said.
IITC Board President Francisco Cali, Mayan Kaqchikel from Guatemala,
is a member of the UN Committee for the Elimination of Racial
Discrimination (CERD). He agrees that this new body can provide
unprecedented opportunities for Indigenous Peoples to work with
states, UN agencies and bodies to address human rights violations
affecting Indigenous Peoples around the world. "This new mechanism
will provide a way to coordinate efforts to defend Indigenous
Peoples' rights among various UN Bodies, experts, agencies and
Treaty Monitoring Bodies like the CERD. Indigenous Peoples working
in the UN System are very appreciative of this historic step taken
by the Human Rights Council. We look forward to seeing what it can
do", he said.
The United Nations Office of the High Commissioner on Human Rights
organized a Meeting, attended by states and Indigenous Peoples, to
discuss proposals for this new mechanism right before the final week
of the Council's 6th session. Chief Willie Littlechild, Ermineskin
Cree and representative of the International Organization of
Indigenous Resource Development (IOIRD) was proposed by the
Indigenous Peoples' Caucus to serve as the session's Co-chair,
together with the ambassador from Bolivia. This was an historic
moment at the UN since both Co-chairs, the Indigenous Caucus
representative Chief Littlechild and the Bolivian Ambassador, are
Indigenous.
Chief Littlechild noted the unusually fast time frame in which this
new body was put in place once Indigenous Peoples began to advocate
for it's creation in May 2006 during the 5th session of the UN
Permanent Forum on Indigenous Issues in New York. The Indigenous
Caucus proposal for the new Expert Body was submitted by IITC, IOIRD
and other organizations at each session of the Human Rights Council,
beginning with its first session in June 2006. Willie also noted
with appreciation the wide support the final resolution received
from the members states, including Canada, and emphasized that "the
establishment of the new Expert Mechanism is evidence of the good
faith and political will of the Human Rights Council". He added that
"it was certainly an honor for me to represent the Maskwac?s Cree in
introducing , through a joint statement with IITC and others, the
proposal for the new body after the 5th session of the UN Permanent
Forum, and then to Co-chair the very significant UN Meeting that
lead to such an important Human Rights Council decision".
Bolivia took the lead to develop and present the first draft of the
resolution at this Council session, working closely with the
Indigenous Peoples' Caucus. The resolution was streamlined and
amended in the final days of the session in negotiations between a
number of states including Guatemala, Mexico, Denmark, Greece,
Canada, United Kingdom, Spain and others. They worked to ensure that
it could be adopted by consensus of the Council's 47 member states,
a requirement for the Councils' structural or "institution building"
provisions, while at the same time maintaining a broad enough
mandate to ensure its effectiveness.
The Expert Mechanism on the Rights of Indigenous Peoples was the
final piece of the Council's Institution-building package to be put
in place. Its adoption was delayed until the Council's last meeting
of the year, due in part to the previous reluctance expressed by
some member states to support the creation of a new body focused on
Indigenous Peoples' human rights. Its adoption was seen as a major
step forward by many states and Indigenous Peoples, including the
IITC and IOIRD, who had worked over the past two years to create
this new Mechanism.
For more information, please refer to the website of the UN Human
Rights Council, 6th session, or the IITC web site,
www.treatycouncil.org .
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