Proposed American Declaration on the Rights of Indigenous Peoples
 

Twenty years ago, Indigenous leaders and other experts went to Rotterdam to accuse their governments of racism, ethnocide and genocide. In November, 1980, they presented their cases to an international jury at the IV Russell Tribunal on the Rights of the Indians of the Americas. The Tribunal asserted its moral right "to demand that governments and international organisations comply with the accepted norms relating to human rights in general as well as to the specific rights of the Native Peoples of the Americas."

 

It is widely accepted that the Universal Declaration of Human Rights must be considered as a common standard of achievement for all peoples and all nations. However, Indigenous peoples are not recognised as peoples. Their sovereign nations have never been invited to sit alongside the other nation states of the world in international decision making bodies.

 
CARLOS M. AYALA
Dalee Sambo Dorough,
Inupiaq, Indian Law Resource Center
Kelly McBride, OAS, Senior Specialist, Unit for the Promotion of Democracy
L-R   Armand McKenzie, Innu Council of Nitassinan; Cara Currie, Cree,  International Organisation of  Indigenous Resource Development; Carlos Ayala, OAS, Special Rapporteur for Indigenous Peoples Rights, Inter-American Commission on Human Rights
 
International Indigenous Rights in the New Millennium", a Joint Panel Discussion hosted by the National Congress of American Indians and the Assembly of First Nations, 1999"

In commemoration of the IV Russell Tribunal, let's examine the Proposed American Declaration on the Rights of Indigenous Peoples, which the Inter-American Commission on Human Rights presented to the General Assembly of the Organisation of American States (OAS), with a view towards the possible adoption of a Declaration. For the first time in the organisation's history, there has been dialogue in high level meetings within the OAS, between representatives of the member States and an Indigenous Committee of the Americas. A Working Group has been formed, and the next meeting will take place in February/March, 2001.

What are the rights of Indigenous Peoples? Where are they enshrined and how are they respected? What are the mechanisms that can bring about justice when Indigenous rights are violated? What rules of international law can ensure accountability and compliance? The issues challenging and impacting the adoption of this Declaration in relation to local, regional, national and global agendas/politics and worldviews are both sensitive and volatile. How can the recognition of this international instrument enhance the quality of your life and the collective vision of your community?

 
AUGUSTO WILLEMSEN DIAZ and LIX LOPEX IN DIALOGUE
 
AUGUSTO WILLEMSEN DIAZ and LIX LOPEZ IN DIALOGUE
 
AUGUSTO WILLEMSEN DIAZ and LIX LOPEX IN DIALOGUE
 

We propose a debate between peoples and governments in both hemispheres - a virtual encounter between the eagle and the condor in order to advance the official recognition of Indigenous rights.

In the spirit of a wider transparent process, Dialogue Between Nations will host interactive online forums and videoconferences related to the Declaration, in conjunction with web casting of meetings by the OAS: the forthcoming Working Group on the Draft Declaration, and Third Summit of the Americas, in Quebec City, April 20-22, 2001. Your input into the Indigenous agenda is of utmost important.

CLICK HERE TO VIEW 
OAS COMPARATIVE WORKING DOCUMENT

 

JOIN THE GLOBAL DIALOGUE ON THE PROPOSED AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
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Proposed American Declaration on the Rights of Indigenous Peoples, Inter-American Commission on Human Rights, Organization of American States

The Summit of the Americas Information Network, Second Summit of the Americas: Indigenous Populations

The Summit of the Americas Information Network (Home Page)

AmericasCanada.org The Cyber Hemisphere, Politics and Democracy - Indigenous Issues

 
Telqua Helen Michell
Wet'suwet'en Nation

Natalie Drache (dialogo@home.com)
from Vancouver wrote

Welcome to our online forum on the proposed American Declaration on the Rights of Indigenous Peoples. Bienvenidos a todos! Producer Dialogue Between Nations Dialogo Entre Naciones


Martha Ture (marthature@earthlink.net)
from Fairfax, California, USA wrote

Greetings to all. I am a senior editor at Native News Online and a board member of CERTAIN, Coalition to End Race-based Targeting of American Indian Nations. I am concerned about the marketocracy's destruction of the earth and of human rights; I am concerned that the reduction of nation states to sports teams by the multinationals - the marketocracy - may or may not benefit indigenous people. The World Bank online forum on globalization revealed that people around the globe saw the consequences of the World Bank's projects as devastating for land and people, and feel powerless to persuade the World Bank to either go away or change its ways. I look for solutions to these problems. .


Liz Clarke (lclarke@pixie.co.za)
from Ulundi wrote

I am working with indigenous African communities very much threatened by globalisation and AIDS as not enough is being done to protect the tradtional lifestyles of indigenous people


Natalie Drache (dialogo@home.com)
from Vancouver wrote

Thank you, Martha and Liz, for sharing your concerns. The forthcoming Third Summit of the Americas will be addressing three themes/baskets: Strengthening Democracy, Creating Prosperity, and Realising Human Potential across the Americas. There has been considerable civil society input into the preparatory phases. Documents and press releases of interest can be found by clicking onto the link above of the Summit of the Americas Information Network (Home Page) and going into the section on the blue menu bar called OAS Summit Management Committee, where you will be able to access Documents of the Special Committee on Inter-American Summits Management. Scroll to November 7, 2000 and perhaps after reading some of this material, you can evaluate how different, if at all, this process is, from the World Bank initiatives.


Information Office International Indian Treaty Council (iitc@igc.apc.org)
from San Francisco wrote

---------- > From: International Indian Treaty Council > To: natalie@mx3.redestb.es > Cc: Andrea Carmen ; Tom Goldtooth > Subject: Dialogue on the OAS draft declaration > Date: Saturday, December 16, 2000 1:30 PM > > Dear Natalie, > > thank you for the invitation to join the dialogue. As you may be aware, the > IITC has had an interest and worked on the UN draft as well as the > Permanent Forum. > > Generally, the Organization of American States has had a draft declaration > on the rights of indigenous peoples on the table for some time, since about > the same time that the UN started considering its UN draft declaration. The > OAS draft has gone through its InterAmerican Human rights Commission and > now awaits action by the member states of the OAS, all of the American > states from Canada to Chile, and the Carribbean (I think Cuba was expelled, > but maybe not). > > One major complaint has been that only the Indigenous Institutes (the BIA, > the Mexican Indigenous Institute, all charter governmenta organizations of > the OAS) have had input. I understand now that the OAS has an accreditation > process (new) for NGOs that it never had before, due much to the complaints > about the OAS draft declaration on the rights of Indigenous Peoples. > > The declaration itself is an ILO 169 rehash, with the same disclaimer on > "peoples" (the word does not have the same significance that normally > enures to the term under international law) and is therefore no recognition > of the rights of peoples at all. Although it says that traditional lands > and territories are "impriscriptable and inalienable" it also provides that > the states may be the owners of the resources of the soil and subsoil, and > that when the state requires, by necessity, to move indigenous peoples from > these lands, that they should be compensated by lands of equal extent and > value. > > We don't believe that the declaration should be used to establish the > rights of states to Indigenous natural resources. Article 1 of the UN > International covenant on Civil and Political Rights (in common with > Article 1 of the ICESC) establishes the right of all peoples to their > natural resources and development. This OAS declaration would establish a > lesser standard than already recognized by these UN conventions with regard > to Indigenous Peoples. Why should only Indigenous Peoples not have this > right, when all other peoples do? > > We also believe that Indigenous Peoples should not be removed from their > traditional lands for any reason. We also do not believe that compensation > should be in the form of other lands or money. We believe that adequate > reparations for the loss of lands can only be the return of the land > itself, or restitution. > > The IITC is against the passage of this declaration primarily for the above > reasons. If the American States want to have ILO 169 as the standard, they > should adopt that convention, but not make it the ceiling for all > indigneous rights. We are not against ILO 169, and like many other > Indigenous Peoples and thier organizations, support universal adoption of > 169. But it has many shortcomings, and should not be the final word on > international recognition of indigenous rights. > > With the UN declaration, we are seeking that the full rights of peoples be > recognized as the rights of Indigenous Peoples. This includes the right of > self-determination. Since 1982 in the Working Group on Indigenous > Populations, and since 1994 at the Commission on Human Rights, thousands of > Indigenous representatives of hundreds if not thousands of Indigenous > Nations and organizations, have remained steadfast and strong in our > insistence that the UN draft declaration recognize the full scope of all > collective rights of Indigenous Peoples, including the right of Self > Determination. We would be foolish indeed to accept a lesser standard from > the OAS. > > Although the OAS draft does provide for local autonomy in some matters, > this part has been qualified or amended recently. A Canadaian NGO, IORD, > had a forum a few years ago, where the draft was reworked, with regard to > the points above, I think, as well as defining intellectual property rights > with more precison. > > The IITC welcomes the opportunity to exchange views with other Indigenous > organizations and Nations, because we believe that the rights of peoples > fully recognized are necessary for our survival as peoples. > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ > ! INTERNATIONAL INDIAN TREATY COUNCIL ! > http://www.treatycouncil.org/ > > sent by: Information Office Administrative Office > 2390 Mission Street, #301-302 456 N. Alaska Street > San Francisco, California 94110 Palmer, Alaska 99645 > Telephone: (415)641-4482 Telephone: (907) 745-4482 > Fax: (415)641-1298 Fax: (970) 745-4484 > email: iitc@igc.apc.org email: iitcak@ak.net > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


oscar gonzalez (amdah@laneta.apc.org)
from mexico wrote

Desde Quebec reiteramos invitacion para charlar sobre derechos de los pueblos indigenas en la Cumbre de las Americas.


Margarita Diaz (info@dialoguebetweennations.com)
from Vancouver wrote

The next meeting on the OAS Draft Declaration on the Rights of Indigenous Peoples will be held in Washington, D.C. at the OAS headquarters from March 11-15, 2002.


Cheryl Smith (a1b00207@axion.net)
from BC wrote

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dragonfly blue (ndrache@cs.com)
from Vancouver wrote

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