Presentation on theme: "United nations declaration on the rights of indigenous peoples"— Presentation transcript:
1 United nations declaration on the rights of indigenous peoples Alyssa Macy, CWIS Fellow for International Policy
2 Center for world indigenous studies Early days of the International Indigenous Peoples MovementCenter for world indigenous studiesThere is a large population of Haudenosaunee Ontario, as a result of the United States war of independence and as allies to the British. As years went by, the Canadian government violated the sovereignty of the Haudenosaunee and, since no resolution could be found with the Canadian government, the Haudenosaunee sent a representative to the League of Nations to complain.RatnahaMaori Spiritual LeaderChief DeskahehHaudenosaunee (Cayuga)
3 Center for world indigenous studies American Indian Struggle in the 1960’s and 1970’sCenter for world indigenous studiesOccupation of Alcatraz Island, 1969Trail of Broken Treaties, 1972A year after the standoff at Wounded Knee, in 1974, Indigenous leaders gathered analyze what had happened and what to do next.They came to the conclusion that we could not get justice in the domestic situation so they decided to go to the international arena.People were assigned to begin the process of approaching the United Nations.This resulted in a meeting in Geneva in 1977.Fishing Rights Struggles, 1960s– 70s, Norma Frank arrested, Nisqually River, Washington, NWIFC photo.
4 Center for world indigenous studies Indigenous Delegates entering the UN 1977Center for world indigenous studies
5 Center for world indigenous studies UN Working Group on Indigenous Populations (WGIP)Center for world indigenous studiesAs a result of the meeting of 1977 and following meetings and lobbying, the UN Sub-Commission on the Protection of Minorities and the Elimination of Racism sanctioned a study on situation of Indigenous peoples.Identified the difference between minority rights and Indigenous rights.That study, called the Cobo Report, recommended the creation of a working group on this issue.The Working Group on Indigenous Populations had its first meeting in 1982 and Indigenous representatives immediately asked the group to draft a declaration on the rights of Indigenous Peoples.The WGIP was made up of 5 Human Rights experts from the Sub-commission, one from each of the five regions of the UN: Africa, Asia, Latin America, Eastern Europe, and Western Europe and other countries.They drafted the original text of the Declaration.They completed their drafting in 1993.The Draft Declaration then passed up to the Sub-commission who approved it with no changes.The Document was then sent up to the Commission on Human Rights where States got hold of the Declaration and made their own group called the Working Group on Resolution 19/32.*
6 Center for world indigenous studies UN General Assembly adopts the UN Declaration on the Rights of Indigenous Peoples, September 13, 2007Center for world indigenous studiesUS, NZ and Australia did not initially adopt the UNDRIP
7 Center for world indigenous studies No State opposition to the UN DeclarationCenter for world indigenous studies“…today I can announce that the United States is lending its support to this Declaration. The aspirations it affirms – including the respect for the institutions and rich cultures of Native peoples – are ones we must always seek to fulfill.”-- US President Barack Obama , December 16th 2010More info;
8 Center for world indigenous studies The Declaration is the Minimum StandardCenter for world indigenous studiesThe rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.--Article 43
9 Center for world indigenous studies Collective RightsCenter for world indigenous studiesRecognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples.--- PreambleConfederated Tribes of Warm Springs Tribal Council
10 Center for world indigenous studies Non-Discrimination & Equal RightsCenter for world indigenous studies“Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind…”---preambleNVision Tour Iowa Nation, 2007
11 Center for world indigenous studies International Right to Self-DeterminationCenter for world indigenous studies“Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law”
12 Center for world indigenous studies Article 3Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.Article 25Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
13 Center for world indigenous studies Article 26Center for world indigenous studiesIndigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
14 Center for world indigenous studies Article 12Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites…Article 20Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
15 Center for world indigenous studies Article 31Center for world indigenous studiesIndigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora…In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
16 Center for world indigenous studies Article 24Center for world indigenous studiesIndigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.Photo: Northwest Indian Treatment Center
17 Center for world indigenous studies Article 36: International BordersCenter for world indigenous studiesIndigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.
18 Center for world indigenous studies Article 22 – Violence Against Women and ChildrenCenter for world indigenous studiesStates shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.
19 Center for world indigenous studies Right to Participate in Decision-MakingCenter for world indigenous studiesArticle 18: Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own Indigenous decision-making institutions.2011 Administration for Families and Children Tribal Consultation Meeting
20 Center for world indigenous studies Article 37Recognition for the International Standing of TreatiesCenter for world indigenous studiesIndigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.
21 Center for world indigenous studies Recognizes the Treaty Relationship as a Basis for Partnership“Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States”- Preamble, UN Declaration on the Rights of Indigenous Peoplesand Provides a Framework in Articles 27, 28 and 40 for Redress, Restitution and Conflict Resolution Processes that:Are fair, independent, impartial, open, transparent, established and implemented in conjunction with indigenous peoples concernedRecognize Indigenous Peoples’ laws, traditions, customs, legal and land tenure systems and international human rightsProvide redress for Indigenous Peoples’ traditional lands, territories and resources that were confiscated, taken, occupied, used or damaged without their free, prior informed and consentProvide just, fair, equitable compensation, can includes return of lands Provide remedies for all infringements of individual/collective rights
22 Affirms the Right to Free, Prior and Informed Consent in Many Articles
23 Center for world indigenous studies Article 10 - “Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.”Center for world indigenous studiesArticle 11, para. 2 - States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.”Article 19- “States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.”Article 32, para 2 - States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order 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 their mineral, water or other resources.”
24 Center for world indigenous studies Declaration obligates all States and the United Nations SystemCenter for world indigenous studiesArticle 42 - “The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.”
25 Center for world indigenous studies “Aspirational” or “Legally binding?”Center for world indigenous studies“While noting the position of the State party with regard to the United Nations Declaration on the Rights of Indigenous Peoples (A/RES/61/295), the Committee finally recommends that the Declaration be used as a guide to interpret the State party’s obligations under the Convention relating to indigenous peoples.”Concluding observations of the Committee on the Elimination of Racial Discrimination”, (CERD), Report of the United States, February 2008
26 Center for world indigenous studies Declaration affirms Rights in Nation-to-Nation TreatiesCenter for world indigenous studiesHealthEducationLand & ResourcesRight to Food & SubsistenceSovereignty, Self-Determination and FPICLanguage & Culture