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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.