NOVEMBER 10 AND 11, 1993 AMSTERDAM, THE NETHERLANDS
NCIV (Dutch Centre for Indigenous Peoples)
PO Box 4098
1009 AB Amsterdam
ph + 31 20 693 8625
fax + 31 20 665 2818
PREAMBLE:
We, the indigenous peoples assembled at the Congress "Voices
of the Earth; Indigenous Peoples, new partners, the right to
self-determination in practice", hereby declare the results of
our deliberations as an important contribution and milestone
in our struggle for promotion, protection and recognition of
our inherent rights.
We, the indigenous participants consider the outcome of our
meeting as a continuation of ALL indigenous conferences during
this important United Nations Year of the World's Indigenous
Peoples.
We, the indigenous peoples devote the results of our
deliberations to our ancestors and our children in our common
struggle for our right to determine our future.
We, the indigenous peoples express our deep gratitude to the
moral and political support of those who have contributed to
this Congress.
As we continue to walk to the future in the footprints of our
ancestors, we spoke in Amsterdam on November 10 and 11, 1993.
RECOMMENDATIONS:
POLITICAL RIGHTS
1. The right of indigenous peoples to self-determination as
stated in the Preamble of the Kari-Oca Declaration and
Indigenous Peoples Earth Charter and in article 3 of the Draft
UN Declaration on the Rights of Indigenous Peoples must be
fully recognised.
2. Indigenous peoples are clearly to be distinguished from
minorities. Therefore the protection of their rights cannot be
adequately considered under article 27 of the Covenant on
Civil and Political Rights.
3. Procedures should be developed for indigenous peoples to
bring conflicts with national government concerning political
self-determination and other questions before an independent
international body such as the International Court of Justice.
The European Community, the Dutch government and all other
governments should take the initiative to work toward the
establishment of those procedures.
4. Indigenous peoples should be provided with legal and
technical assistance, at their request, to effectively defend
their rights.
5. The European Community, the Dutch government and all other
governments should fully support the UN Draft Declaration on
the Rights of Indigenous Peoples (UN doc.
E/CN.4/Sub.2/1993/29) that will be for adoption by the UN
Working Group on Indigenous Populations at its 1994 session.
6. The European Community, the Dutch government and all other
governments should work toward facilitating open access and
full participation for indigenous peoples in the entire
process of debate concerning the adoption of the UN
Declaration and in all other forums discussing indigenous
issues.
7. The European Community, the Dutch government and all other
governments should support the designation of an International
Decade of Indigenous Peoples by the UN General Assembly. This
Decade should start in 1995 with a preparatory year in 1994.
8. The European Community, the Dutch government and all other
governments should take the initiative for the implementation
of the recommendation of the Vienna World Conference on Human
Rights that a permanent forum be established in the United
Nations for the rights of indigenous peoples, in cooperation
with the representatives of indigenous peoples.
9. The European Community should also recognise the full right
to self-determination of the indigenous peoples presently
living on European Community territory (New Caledonia, French
Polynesia and French Guyana).
ECONOMIC RIGHTS:
The effective enjoyment of the economic rights of indigenous
peoples depends on a recognition of their right to self-
determination.
Territories:
1. Indigenous peoples' rights to their territories, meaning
full ownership of their lands and natural resources above and
below the earth and waters, must be fully recognized.
Control:
2. Indigenous peoples' rights to control the use of resources
in their territories must be fully recognized.
Trade offs:
3. These rights are non negotiable and cannot be traded off in
the name of development of the nation state or other sectors.
However, indigenous peoples may choose to promote the use of
their resources in ways that benefit others: they need to be
assured that they enter such discussions from a position of
power.
Private sector:
4. i) The private sector must assume responsibility for its
activities. A wider notion of profit should be a condition of
investment practice, giving emphasis to the quality of life,
not just the quantity of money.
ii) NGOs monitoring transnational corporations should focus
more on indigenous peoples and share information widely with
them.
iii) In developing Codes of Conduct companies must engage in
dialogue with indigenous peoples and create mechanisms that
allow public scrutiny of their adherence to these codes.
iv) An organisation parallel to the International Centre for
the Settlement of Investment Disputes must be established to
resolve conflicts between Trans National Corporations and
indigenous peoples.
Role of the State:
5. States should provide adequate assistance to indigenous
peoples to enable them to develop their own economic base and
power. Control over this process must be vested with the
indigenous peoples concerned to avoid the creation of
dependency.
Environment:
6. Bearing in mind the two major international human rights
covenants of December 1966, according to which, Part 1,
Article 1 in both covenants, no peoples may under any
circumstances be deprived of its own means of subsistence,
Conscious that the 1992 Rio Summit recognised the valuable
role of indigenous peoples in maintaining a sustainable use of
natural resources, and underlined in Principle 22, the
pressing need for indigenous peoples' active participation in
environmental management,
Acknowledging the Brundtland Commission's report's
recommendation of 1987 about the empowerment of vulnerable
groups,
Aware that the World Conservation Strategy of 1991, 'Caring
for the Earth', supports a special role for indigenous peoples
in global efforts for a sound environment,
Mindful that the World Conservation Union (IUCN) on its 18th
General Assembly unanimously adopted two resolutions
supporting the indigenous peoples' cause, including their
right to use nature's resources wisely,
Conscious of the Biodiversity Convention and ILO Convention
169, both of which lend support to indigenous peoples and
their role in sustainable development,
Pointing to the fact that as a general rule, ecosystems that
appear as the most sound, are also those which are under
indigenous control,
Now, Therefore, the 'Voices of the Earth' Congress, assembled
in Amsterdam, calls on governments;
i). to heed the concerns of indigenous peoples worldwide,
ii). to give effect in their respective national policies to
the above cited international instruments to which they have
given their assent,
iii). to properly protect the market access for indigenous
peoples' products derived from a sustainable and wise use of
nature, and
iv). to give financial support to the UN's decade for
indigenous peoples.
International legislation:
7. States should recognise the Declaration on the Rights of
Indigenous Peoples as presently drafted. It was suggested that
an ombudsman be nominated to oversee the adherence of States
to this Declaration. An independent tribunal might also review
adherence to the Declaration.
Demilitarization:
8. There should be a demilitarization of indigenous
territories, including cessation of nuclear testing on
indigenous territories. In this respect it is the special
responsibility of the Dutch government to immediately stop the
low-level flying activities of the Royal Dutch Air Force above
the territories of the Innu people in Canada. Compulsory
military service for indigenous people must be abolished.
Dutch Government's responsibilities:
10. In addition to observing the above recommendations, the
Dutch Government is urged to press for an enhanced allocation
to indigenous peoples of the resources of the UN agencies and
other multilateral bodies.
CULTURAL, SCIENTIFIC AND INTELLECTUAL PROPERTY
1. All relevant agencies and programs of the Dutch Government,
European Community and the United Nations (e.g. World Bank,
WIPO, UPOV, UNCTAD, UNEP, UNDP, Human Rights Center, ILO,
GATT, etc.) should develop a common policy, based on dialogue
with and consent of indigenous peoples, on how protection of
and compensation for indigenous intellectual, scientific, and
cultural property can be established and effected.
2. A "Council on Indigenous Intellectual, Cultural and Scien-
tific Property Rights", composed of indigenous people, should
be established, funded and given special international status
in order to: (a) develop educational materials on
intellectual, cultural and scientific property rights; (b)
develop mechanisms for protection and compensation; (c) advise
indigenous and traditional communities on legal and political
actions; (d) monitor unethical activities by individuals,
institutions and governments that are misusing intellectual,
scientific and cultural property; (e) develop mechanisms for
enforcement of rules, regulations and laws for protection and
compensation, including legal advice and counsel; and (f)
establish a network to exchange information about successful
and unsuccessful attempts by local communities to secure their
rights.
3. Governmental and non-governmental organizations, as well as
scientific and professional groups, should develop Codes of
Ethics & Conduct regarding respect for indigenous peoples and
their intellectual, cultural and scientific property. Funding
agencies should require that effective measures for protection
and compensation for intellectual, cultural and scientific
property be an integral part of all projects and such measures
be a requirement for funding.
4. Rights of indigenous peoples to their traditional proper-
ties supersede the rights of anyone, including the rights of
museums to possess these properties. No international or
national agencies may infringe on the right of indigenous
peoples to refuse to share their intellectual, cultural and
scientific properties.
Museums all over the world should cooperate fully with indige-
nous peoples to re-identify their cultural heritage and recog-
nize their right to repossess it.
5. All governments, international institutions, non-
governmental organisations and indigenous peoples are called
upon to establish the "University of the Earth" which shall
incorporate the values and the knowledge of both indigenous
and non-indigenous peoples. This University need not have a
specific location but would take the form of a Global Network
of journalists, farmers, foresters, engineers, shaman,
hunters, scientists, artists and others who will exchange
information through journals, television, films, videos,
conferences and other forms of mass-media. The mission of this
"University of the Earth" will be to enhance all peoples'
respect for and knowledge of the Earth. The European Community
and the Dutch government are called upon to strengthen
indigenous peoples newspapers and other forms of information
dissemination.
RIGHT TO SELF-DEVELOPMENT
1. Effective enjoyment of indigenous peoples right to self-
development depends on the recognition of the right of indige-
nous peoples to self-determination.
2. International institutions and funding agencies should
adopt their requirements, structures and policies to the
cultures, needs and aspirations of indigenous peoples.
3. Indigenous peoples must have full control over the
planning, implementation, monitoring, evaluation and follow-up
of projects affecting them.
4. Indigenous peoples' knowledge and culture should be fully
taken into consideration before entering into development
relations with indigenous peoples.
5. Results of studies, carried out with the full participation
of indigenous peoples, concerning the impacts of development
projects on indigenous peoples should be carefully taken into
account before implementing a proposed project.
6. The European Community, the Dutch government and all other
governments should respect the indigenous peoples' social and
political organisations, and assist them to give these
institutions an impulse by institution building for the sake
of sustainable, 'grassroot' development.
7. A code of conduct for international institutions such as
the Worldbank, the IMF, the EC Development Fund and the UNDP,
must be established in collaboration with indigenous peoples
to ensure that funding for development activities does not
infringe on the territorial and environmental integrity of
indigenous peoples.
8. The European community, the Dutch government and all other
governments should take into consideration the actual
situation of indigenous peoples in developed countries.
Indigenous peoples in developed countries should not be
overlooked or discriminated against by funding institutions
because they may be in circumstances similar to those in
developing countries.
9. The European Community, the Dutch government and all other
governments, international institutions and funding agencies
should take into consideration the specific interests of
indigenous women and children in planning and implementation
of development projects. GATT, etc.) should develop a common policy, based on
dialogue
with and consent of indigenous peoples,