On March 3, 1995 the 51st Session of the U.N. Commission on Human
Rights passed a formal resolution creating a new open-ended, inter-sessional
Working Group to continue discussions on the Draft Declaration for the
Rights of Indigenous Peoples within the United Nations system. The
resolution (E/C.N.4/1995/32) was adopted by consensus of the CHR member
States (countries) after several weeks of caucusing, debates and intense
discussion among the government delegates, as well as concerted lobbying
efforts by IITC and other Indigenous non-governmental organizations (NGO's)
to insure the participation of Indigenous Peoples in the next phase of
discussions on the Declaration.
This newly created Intersessional Working Group (IWG) met for the
first time in November 1995, and is scheduled to meet for the second time
October 21- November 1, 1996 in Geneva, Switzerland. To date, more than 90
Indigenous Peoples, organizations, tribes and Nations have applied for and
received special U.N. credentials for the purpose of their participation in
this Working Group.
Some representatives of the U.N. member States (Countries)
participating in the first Intersessional Working Group in 1995 expressed
their opposition to the strong guarantees of indigenous rights in the
current text. But the unified voice of the Indigenous participants in
support of the current text insured that the Draft Declaration emerged from
this first session intact. Some States have, however, expressed their
intention to implement changes in the current text during the second
session of the Intersessional Working Group, with or without Indigenous
Peoples' agreement.
The adoption by the United Nations of a Declaration for the Rights of
Indigenous Peoples is one of the primary stated objectives for the
International Decade of the World's Indigenous Peoples which officially
began on December 19, 1994, and has long been a goal of Indigenous
organizations working at the U.N.
When finally approved by the U.N. General Assembly, this Declaration
will establish an international standard which recognizes Indigenous
Peoples' rights under international law.
The current text of the Draft Declaration for the Rights of
Indigenous Peoples is the product of 13 years of work by the U.N. Working
Group on Indigenous Populations. The Draft Declaration reflects the input
and consensus of hundreds of Indigenous representatives from throughout the
world, as well as many U.N. experts and a growing number of U.N. member
States. In the summer of 1994, the current text of the Draft Declaration
was passed by both the Working Group on Indigenous Populations and the 46th
Session of the U.N. Subcommission on the Prevention of Discrimination and
Protection of Minorities.
The next step in the Declarations' progress through the U.N. system
its current consideration by the U.N. Commission on Human Rights. The CHR's
51st Session was the first time the Declaration was formally discussed by
the U.N.'s member States. The Intersessional Working Group was created
at that time as an ad-hoc Working Group which will further discuss the
Draft Declaration and bring its conclusions back to the full body.
According to current U.N. protocol, the 53 member countries of the U.N.
Commission on Human Rights will have to approve the text of the Declaration
before it is submitted to the Economic and Social Council (ECOSOC), and
then to the General Assembly for final adoption.
Indigenous Peoples and organizations have anticipated a struggle to
preserve the current version once the countries become directly involved in
discussions of its content at the level of the CHR. Some countries have
stated their intention to weaken the Draft Declaration's strong language in
support of Indigenous Peoples' self-determination and land rights.
Opposition to the current text's use of Indigenous "Peoples" has been
expressed by the United States, Canada, Brazil and other governments
because self-determination is internationally recognized as the right of
all "Peoples". Instead, these governments are advocating for the much more
general and weaker term Indigenous "people" or "populations" to be used in
the document, a change that Indigenous NGO's and Peoples continue to
vehemently oppose.
In addition, many countries have expressed opposition to the Draft
Declaration's strong support for the right of Indigenous Peoples to control
and own their traditional lands and territories, as well to and use,
control and protect their natural resources, traditional lands and waters.
At the 51st CHR Session, since the actual text was not yet under
discussion, participating Indigenous organizations focussed on the critical
issue of assuring the participation of not only the 12 Indigenous NGO's
with ECOSOC "Consultative Status", such as IITC, who would be able to
participate in a CHR Working Group already under existing U.N. procedures,
but also for organizations, Nations, tribes and communities without
Consultative Status who would ordinarily not be credentialed.
This effort faced considerable initial opposition from many countries
to a broader level of Indigenous participation, as well as arguments that
it would represent a departure from accepted U.N. protocol. But with the
support of a few "friendly" governments, the Indigenous delegations were
able to achieve an agreement that Indigenous organizations and Peoples
would be able participate in this Working Group through a special
credentialing procedure. The process for requesting credentials by
non-Consultative Status organizations and Peoples was established under an
addendum to the Commission resolution.
Participation by groups credentialed though this process consists of
the right to be present and to make written or oral statements
("interventions"), and also provides considerable opportunity to speak with
the country delegations directly. Indigenous NGO's and Peoples do not have
voting rights but are able to make a considerable impact through lobbying,
assisting with drafting resolutions and making interventions on key issues.
Advance application and approval of credentials is necessary. (Please
contact IITC for information.)
In a practice objected to by Indigenous Peoples but mandated by
existing U.N. protocol, the country in which an Indigenous group is located
has the right to veto their application for these special credentials.
This has happened in a handful of cases to date, mainly in the Asian
region.
Although very involved at every step with the Draft Declaration up to
this point, the IITC understands that the Declaration for the Rights of
Indigenous Peoples is ultimately a document which the member countries of
the U.N. will agree to abide by and uphold recognizing the inalienable and
inherent rights of Indigenous Peoples around the world. Indigenous
Peoples will not be required to agree to it, and will not be limited or
restricted by its content (article 44 of the Draft Declaration specifically
states this point).
However, it is in the best interests of Indigenous Peoples around the
world that the final Declaration be as strong and far reaching as possible.
To achieve this end it is necessary that we participate and express our
views to countries openly and formally at every possible opportunity.
In the long run, most countries realize that a Declaration that does
not have the basic support of Indigenous Peoples will be of little value or
legitimacy to the United Nations or its member States. This
"legitimization" factor is the basis of the considerable clout that
Indigenous organizations and Peoples will continue to have in the process,
for as long as we consider it productive to remain directly involved.
The IITC is very aware, after 22 years of working in this arena, that
U.N. protocol and bureaucracy are confusing, discouraging and at times
infuriating to Indigenous Peoples, who should be able to have a full and
unfettered voice and participation as Sovereign Nations and Peoples. U.N.
work, which we believe will eventually lead to this full recognition, is a
step-by-step process which requires strategic planning and great
perseverance for every small step forward.
Maintaining and building upon the unified position of Indigenous
Peoples around the world in support of the Draft Declaration is critical at
this time. We believe that this unprecedented level of international
consensus as well as its strong in support of all Indigenous Peoples'
inherent rights are the reasons that the Draft Declaration is now being
taken so seriously by countries, including the United States.
Because the Draft Declaration is such a critical document and will
require continued strong support from Indigenous Peoples to protect its
most essential elements, the IITC encourages all interested Indigenous
Peoples, tribes, Nations and organizations to apply for credentials to
participate in the Intersessional Working Group on the Draft Declaration
for the Rights of Indigenous Peoples (for participation in the U.N.
process without the need for any special credentials, the Working Group on
Indigenous Populations continues to meet each summer in Geneva).
In addition, Indian Tribal Leaders and organizations are urgently
requested to write or call their contacts in the United States government
(or in others countries if based outside the U.S.) and to pass resolutions
in support of the current text of the Draft Declaration, its strong
protection and recognition of Indigenous rights, its adoption by the United
Nations General Assembly and its full implementation by the United Nations'
member States.
INTERNATIONAL INDIAN TREATY COUNCIL
http://www.aloha.net/nation/iitc
Information Office Administrative Office
54 Mint Street, Suite #400 456 N. Alaska Street
San Francisco, California 94103 Palmer, Alaska 99645
Telephone: (415) 512-1501 Telephone: (907) 745-4482
Fax: (415) 512-1507 Fax: (970) 745-4484
E-mail: iitc@igc.apc.org E-mail: iitcak@corcom.com
Draft Declaration & Related Documents
http://aloha.net/nation/iitc/draftdec.html