U N I T E D N A T I O N S
Economic and Social Council ENGLISH
Distr. Original: ENGLISH/SPANISH
GENERAL
E/CN.4/Sub.2/AC.4/1994/4 GE. 94-12864 (E)
3 June 1994
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and Protection of Minorities
Working Group on Indigenous Populations
Twelfth session
25-29 July 1994
Item 4 of the provisional agenda
STANDARD-SETTING ACTIVITIES: EVOLUTION OF STANDARDS
CONCERNING THE RIGHTS OF INDIGENOUS POPULATIONS
Information received from indigenous peoples'
and non-governmental organizations
INTRODUCTION
1. By its resolution 1982/34 of 7 May 1982, the Economic and
Social Council authorized the Sub-Commission on Prevention
of Discrimination and Protection of Minorities to establish
annually a working group on indigenous populations to review
developments pertaining to the promotion and protection of
the human rights and fundamental freedoms of indigenous
populations, including information requested by the
Secretary-General annually, and to give special attention to
the evolution of standards concerning the rights of
indigenous populations.
2. The Sub-Commission, in its resolution 1993/46 of 26
August 1993, requested the Secretary-General to transmit the
text of the draft United Nations declaration on the rights
of indigenous peoples as contained in the report of the
Working Group on Indigenous Populations on its eleventh
session (E/CN.4/Sub.2/1993/29) to indigenous peoples' and
non-governmental organizations for written comments,
including a note stating that no further amendments to the
draft declaration would be accepted. The Commission on Human
Rights endorsed that request in its resolution 1994/29 of 4
March 1994. In accordance with those resolutions,
appropriate communications were sent to the relevant
organizations.
3. The present document contains replies received as of 1
June 1994 from indigenous peoples' and non-governmental
organizations. Further replies, if any, will be included in
addenda to the present document.
GRAND COUNCIL OF THE CREES (of Quebec)
[Original: English]
[20 May 1994]
1. The Grand Council of the Crees approves the text of the
draft declaration of the rights of indigenous peoples as it
appears in document E/CN.4/Sub.2/1993/29, and recommends
that it be adopted by the Sub-Commission without substantive
changes.
2. The Grand Council of the Crees notes that the present
text is the product of several years' collaborative effort
by the members of the Working Group, Member States, non-
governmental organizations, indigenous peoples'
organizations, experts and representatives of the
intellectual community.
3. The present text is endorsed by our organization on the
understanding that it represents a minimum standard for the
protection of the human rights of indigenous peoples.
4. The present draft must be read as a whole, noting the
interrelationship of its various parts and clauses, and it
is specifically noted that any substantive changes which
might be made in one part could affect the meaning and
effect of the entire document and that our recommendation
of the present text is contingent on the present
substantive content of the document.
5. Although our organization recommends the present text,
this text should not be conceived to represent the position
of any indigenous organization, or to represent an
indigenous peoples' viewpoint.
6. It should be understood that the text is the product of
extensive consultation that entailed, necessarily,
considerable compromise on the policies and views of the
Grand Council of the Crees.
7. We view the present text as the elaboration of existing
rights protected by various international instruments, but
requiring additional protection because of severe and
persistent violations.
8. We ask States to consider the present text in the light
of essential human rights principles, in particular
equality of peoples, and the universality and indivisibility
of all human rights.
9. We insist on the use of the term "indigenous peoples" to
the exclusion of all other terms in making reference to the
subjects of this declaration.
10. We note with approval the explanatory note concerning
the draft declaration on the rights of indigenous peoples
(E/CN.4/Sub.2/1993/26/Add.1) prepared by the Chairman-
Rapporteur of the Working Group, Mrs. Erica-Irene Daes.
11. We insist upon the wording in article 3 of the text, and
note that the technical review of the United Nations draft
declaration on the rights of indigenous peoples prepared by
the secretariat (E/CN.4/Sub.2/1994/2) notes that the text of
article 3 is "precisely based on article 1, paragraph 1, of
the two International Covenants".
12. The failure to fully apply the two International
Covenants to the indigenous peoples would be prejudicial,
and contrary to the principles of the universality and
indivisibility of all human rights.
13. The land provisions of article 7 are crucial for the
survival of indigenous peoples, who have been, and continue
to be dispossessed of their lands, territories and
resources. This comment applies equally to land provisions
throughout the draft declaration, in particular to part VI.
14. With regard to the protection of indigenous lands and
resources, the principle of "free and informed consent" by
the indigenous peoples is paramount.
15. We note with approval the principles applied in article
36 with regard to the recognition and enforcement of
treaties concluded between indigenous peoples and States, in
particular access to international adjudication of treaty
disputes. This has been an area of considerable abuse by
States.
16. The Grand Council of the Crees would be pleased to have
the present draft declaration approved and promulgated by
the General Assembly at the earliest possible opportunity.
17. We recommend that the Working Group proceed as soon as
possible to the consideration of a text for a convention on
the rights of indigenous peoples.
BLACK HILLS TETON SIOUX NATION
[Original: English]
[20 April 1994]
1. We are particularly concerned with the language contained
in article 36 and wish to bring our objections to the
attention of the Working Group. We support the language as
originally drafted, namely: "Indigenous peoples have the
right to the recognition, observance and enforcement of
treaties, agreements and other constructive arrangements
concluded with States or their successors, according to
their original spirit and intent, and to have States honour
and respect such treaties, agreements and other constructive
arrangements. Conflicts and disputes which cannot otherwise
be settled should be submitted to competent international
bodies."
2. We cannot accept the additional language contained in the
present draft document, namely "agreed to by all parties
concerned." Historically, language which has been unclear
and open to interpretation has provided the United States
with a way to violate our legal treaties. This phrase will
completely destroy the positive effect of paragraph 36 and
preserve the status quo. Nation States have not had to
answer for treaty abuses and violations unless they wanted
to. The addition of this language will continue this unjust
system and maintain nation-State violations of the
sacredness of treaties with the Lakota nation and all
indigenous nations.
3. To make ourselves perfectly clear, we support the
language of paragraph 36 as originally drafted but will not
accept limitations which permit further abuses. The last
phrase, "agreed to by all parties concerned", must be
removed from the paragraph.
INDIAN COUNCIL OF SOUTH AMERICA
[Original: Spanish]
[6 April 1994]
1. In the fourteenth preambular paragraph, the word "pursue"
should be replaced by "adapt".
2. In article 3, the word "pursue" should be replaced by
"engage in".
3. At the end of article 4, the words "under whose
jurisdiction they live" should be added after the word
"State".
4. Article 5 should be amended to read: "Every indigenous
individual has the right freely to exercise his
nationality."
5. In article 7, subparagraph (b), the words "polluting
and/or" should be inserted before "dispossessing". In
subparagraph (e) of the same article, the phrase "Any form
of propaganda directed against them" should be replaced by
"Any form of propaganda directed against the way of life or
social, economic and cultural organization of indigenous
peoples".
6. In article 10, the words "No relocation shall take place
without the free and informed consent ..." should be
replaced by the words "No relocation shall take place
without first informing and obtaining the free consent ...".
7. In article 12, the phrase "without their free and
informed consent" should be replaced by "without their
having been informed and without their free consent".
8. In the first paragraph of article 13, after the word
"religious traditions" the words "ways of work, social
organization" should be added. The paragraph should also end
with the words "human remains and cultural artifacts". In
addition, in the second paragraph of the same article, the
words "indigenous sacred places" should be replaced by
"indigenous archaeological and sacred places".
9. In the first paragraph of article 14, the word
"scientifically" should be inserted before the words
"revitalize, use, develop". In the second paragraph of the
same article, after the words "by other appropriate means"
the words "through the mass media" should be added.
10. In the first paragraph of article 15, the phrase
"control their educational systems and institutions
providing education" should be replaced by "control their
educational systems and institutions in coordination with
the local population to provide education".
11. The second paragraph of article 16 should conclude with
the following words: "all segments of society on the basis
of reciprocity and complementarity".
12. In article 20, first paragraph, "technical," should be
inserted before "legislative".
13. At the end of article 21, the words "a claim or" should
be inserted before "just and fair compensation".
14. In article 23, the phrase "develop all health, housing
and other economic and social programmes affecting them and,
as far as possible, to administer such programmes through
their own institutions" should be replaced by the words
"develop all economic and social programmes that are suited
to them and administer their programmes through their own
institutions, including education, housing and health
programmes".
15. In the first paragraph of article 24, the words
"including the right to the protection of vital medicinal
plants, animals and minerals" should be replaced by the
words "including the right to the protection and production
of medicinal and nutritional plants, animals and minerals".
In the second paragraph of the same article the word "State"
should be inserted before "medical institutions".
16. In article 26, the term "sea ice" in the first sentence
should be replaced by "cordillera and sea ice".
17. In the final sentence of article 27, the words
"resources equal in quality, size and legal status" should
be replaced by the words "resources equal in quality,
quantity, size and legal status".
18. In the second paragraph of article 28, the words
"radioactive, toxic and/or" should be inserted before
"hazardous".
19. In paragraph 29 the word "aesthetic" should be inserted
after "visual," at the end of the second paragraph.
20. At the end of article 30, the words "and intellectual"
should be inserted after "spiritual".
21. In article 32, first paragraph, the word "philosophical"
should be inserted before "traditions". In the second
paragraph of the same article, the words "social, political,
economic, intellectual and cultural" should be inserted
before "procedures".
22. In article 38, the words "to pursue freely their
political, economic, social, cultural and spiritual
development and for the enjoyment of the rights" should be
replaced by "to adapt freely their political, economic,
social, cultural, spiritual and intellectual development,
for the enjoyment of the rights".
23. In article 39, the words "or others" should be inserted
after "States" in the first sentence.
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