U N I T E D N A T I O N S
WORKING GROUP ON INDIGENOUS POPULATIONS
12th SESSION
JULY 1994
GENEVA
Statement of the
INDIAN LAW RESOURCE CENTER
and the
NATIONAL CONGRESS OF AMERICAN INDIANS
Thank you, Madame Chairperson, for the opportunity to
address the Working Group on Indigenous Peoples on the
agenda item of Standard Setting Activities. I am speaking on
behalf of the Indian Law Resource Center, an international
non-governmental organization with consultative status,
which provides legal assistance to indigenous peoples in
North, Central and South America; and on behalf of the
National Congress of American Indians, a national
organization, established in 1944, which currently
represents over 170 member tribes, and endeavors to ensure
that tribal sovereignty is respected in the United States.
The Indian Law Resource Center has participated for
almost 20 years in the activities of the United Nations that
have led up to the Draft Declaration. The National Congress
of American Indians, during its 49th annual convention,
committed itself to the realization of a Universal
Declaration on the Rights of Indigenous Peoples by adopting
a resolution to fully support and actively promote the
adoption of the Draft Declaration (attached to this
statement). The resolution also calls upon the United States
government to support and promote the Draft Declaration. We
take note of the recently concluded statement of the U.S.
Government of the opportunity to explore the meaning of
sovereignty and self-determination at the international
level.
This Draft Declaration is based on years of research,
study, public discussion, countless drafts and revisions,
and direct participation and contributions from thousands of
indigenous representatives, dozens of governments and
governmental officials, and numerous human rights experts.
We would like to commend all those who were involved in this
unique and important standard-setting process and to
congratulate you all for the excellent work that has been
done.
Each of us must remember the original purpose for
undertaking this exercise. The purpose of the Declaration is
to avert the destruction and permanent loss of the many
indigenous cultures and societies of the world and to re-
affirm our right to self-determination and our other basic
human rights and fundamental freedoms. The fundamental human
rights of indigenous peoples, as set forth in the Draft
Declaration, respond to this original purpose. The
recognition and protection of the human rights elaborated
upon by the Draft Declaration are vital to ensuring the
continued survival of indigenous cultures and societies.
Though this document is not perfect, it is the best
Declaration that we believe the United Nations could adopt
within a reasonable number of years. From our own experience
in this process, we know that there are provisions that do
not fully accommodate the aspirations of indigenous peoples
everywhere. We know that the diverse conditions of
indigenous peoples have not been completely responded to by
the Declaration. In this regard, we support the statement
made by Prof. Howard Berman concerning specific provisions
of the Declaration and, in particular, his interpretation of
Article 31 as an elaboration of the right of self-government.
We recognize and respect the concerns that some indigenous
representatives have expressed. However, the text of the
Draft Declaration is no longer in the hands of the Working
Group. We doubt whether stronger provisions could be adopted
by the member nations of the United Nations.
We have never agreed to a compromise. We have always
sought the best language possible. We have always demanded
the ultimate expression of our fundamental human rights. But
the time has come for all those who have, participated thus
far to consider how this positive and useful document can be
realized as a Declaration on the Rights of Indigenous
Peoples. We now have a responsibility to our own peoples and
to our own indigenous societies and our own indigenous
governments to gain the strongest possible Declaration.
There is a limit to what we can win, especially in
light of the political realities and the nature of the
political arena that we now find ourselves within. The
concerns that indigenous peoples have expressed about the
right to self-determination are well-founded. Yet, we know
that attempts to weaken the Draft Declaration are a
probability, not merely a possibility. We want to gain the
greatest amount possible for our peoples. In order to make
the greatest gain, there should be broad acceptance of the
fundamental principles. We should defend the Draft
Declaration and encourage the members of the Sub-Commission
to adopt it and recommend approval by the full Commission.
Indigenous peoples and their national organizations
must also begin to influence and educate the states that
they find themselves in about the Declaration. We must also
promote our right to participate in all levels of decision-
making concerning the Draft Declaration. We would like to
acknowledge the governments of Australia and Denmark, who
made a public commitment to ensuring our direct and
meaningful participation in the future stages of
consideration of the Draft Declaration.
In this regard, the Indian Law Resource Center and the
National Congress of American Indians urge the inclusion of
a recommendation in the Working Group report calling for the
adoption of a resolution by the Economic and Social Council,
for the establishment of special measures so that indigenous
peoples are able to participate without regard to
consultative status, in the consideration of the Draft
Declaration by the Sub-Commission, Commission on Human
Rights and other higher United Nations bodies.
We also respectfully request that a recommendation be
contained in the Working Group report calling for a
resolution to be adopted by the Economic and Social Council,
to suspend the rules that govern access to the floor for
interventions to the Sub-Commission and the Commission on
Human Rights and higher U.N. bodies by indigenous
representatives.
In regard to future standard-setting activities of the
Working Group, we strongly feel that the Working Group
should move ahead with the development of a Convention on
the Rights of Indigenous Peoples, or at least they should
begin to discuss what kinds of provisions should be included
in a Convention. The Draft Declaration does contain
provisions addressing implementation or operative provisions
at present, however, some provisions will have to be re-
drafted for an actual Convention. In addition, procedures or
a mechanism for complaints will have to be addressed by such
a Convention.
We would like to recognize that the rights and
principles contained in the Draft Declaration will
positively contribute to peace and security. It will also
make it possible for millions to realize and enjoy basic
human rights that have been denied in practice. We have
raised human rights standards for everyone by declaring
basic rights of peoples or communities. The Draft
Declaration aims to correct the lingering manifestations of
colonialism and the colonial era by proclaiming, in a strong
and positive fashion, the rights of indigenous peoples. We
welcome the day that we will be developing methods for the
implementation of this Declaration. Though we work, on a
daily basis, to promote and protect the rights of indigenous
peoples, we look forward to the day that we can actually
realize all of the rights embraced by the Declaration.
We remain committed to this standard-setting process.
It is the hope of the Indian Law Resource Center and the
National Congress of American Indians that we can bring
ourselves together, that we can bring our minds together,
and make peace amongst ourselves and to act together for the
common good of the world that we all share.
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
To have a current Center For World Indigenous Studies Publication
Catalogue sent to you via e-mail, send a request to
<or>
FTP ftp.halcyon.com /pub/FWDP/CWIS
Center For World Indigenous Studies
P.O. Box 2574
Olympia, WA U.S.A.
98507-2574
BBS: 206-786-9629
FAX: 206-956-1087
OCR Provided by Caere Corporation's OmniPage Professional
////////////////////////////////////////////////////////////////////////////
John Burrows, Executive Director jburrows@halcyon.com <or>
Center For World Indigenous Studies The Quarto Mundista BBS
ftp://ftp.halcyon.com/pub/FWDP/WWW/fwdp.html FidoNet 1:352/333 206-786-9629
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\