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Left to Right:
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Stuart Patterson - Tuscarora
Nation, Haudenosaunee, Armand McKenzie - Innu, Tonya Gonella
Frichner - Onondaga Nation, Haudenosaunee Confederacy, Kenneth Deer
- Mohawk, Noeli Pocaterra - Wayuu, Roy Laifungbam - Meitei,
Sebastião Haji Alves Rodrigues Manchineri
- Yine, Marcial Arias - Kuna, Lucy Mulenkei
- Maasai, Darwin Hill - Seneca Nation, Haudenosaunee Confederacy,
Mililani Trask - Kanaka Maoli, Ron Barnes - Yupiaq, Art Manuel
- Neskonlith Band, Secwepemc Nation, Vicky Tauli Corpuz -
Igorot, Clem Chartier - Métis, José Francisco Calí Tzay - Maya
Kaqchikel |
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CREE STATEMENT
The adoption of a declaration on the rights of indigenous
peoples is a major objective of the International Decade of the World's
Indigenous People.
It is crucial that the human rights of Indigenous peoples be explicitly affirmed
through a standard-setting process leading to the adoption of a draft U.N.
Declaration. While such a Declaration cannot resolve all of the fundamental
issues impacting on Indigenous peoples' rights, it is an essential and
significant first step. Our basic rights must be explicitly embraced within a
principled international framework.
Without the adoption of minimum standards for the survival, dignity and
well-being of the Indigenous peoples of the world, as carefully elaborated in
the draft U.N. Declaration, there is no broad-based, cohesive and
commonly-shared foundation on which the U.N. specialized agencies and other
bodies, including the Permanent Forum, can base their policies and procedures.
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United Nations High Commissioner for Human Rights
Working group of the Commission on Human Rights to elaborate a draft
declaration in accordance with paragraph 5 of General Assembly
resolution 49/214 of 23 December 1994
Commission on Human Rights resolution 2003/57
The Commission on Human Rights,
Bearing in mind General Assembly resolution 47/75 of 14
December 1992 and Part II, paragraph 28, of the Vienna Declaration and Programme
of Action (A/CONF.157/23),
Reaffirming its resolution 1995/32 of 3 March 1995, in which it
established an open-ended intersessional working group with the sole purpose of
elaborating a draft declaration, considering the draft contained in the annex to
resolution 1994/45 of 26 August 1994 of the Sub-Commission on the Promotion and
Protection of Human Rights, entitled "Draft United Nations declaration on the
rights of indigenous peoples", for consideration and adoption by the General
Assembly within the
International Decade of the World's Indigenous People.
Underlining the importance of concluding, at the latest in 2004, the
draft United Nations declaration on the rights of indigenous peoples for
consideration and adoption by the General Assembly prior to the conclusion of
the International Decade of the World's Indigenous People.
Draft United Nations Declaration on the Rights of Indigenous Peoples
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J.
WILTON LITTLECHILD
This statement is an excerpt from the following United Nations document.
Economic and Social Council
E/CN.4/2000/NGO/12022
February 2000
Commission on Human Rights
Fifty-sixth session
Item 15 of the provisional agenda
Indigenous Issues
Joint Written statement submitted by the Indigenous World Association,
the International Indian Treaty Council and the International Organization
of Indigenous Resource Development, non-governmental organizations in special
consultative status, the Indian Law Resource Centre and the Saami Council,
non-governmental organizations on the Roster.
 Since
the establishment of the United Nations Working Group on Indigenous
Populations in 1982, Indigenous representatives have consistently asserted the
critical importance ofaccurately identifying Indigenous Peoples as "peoples" in
the work of the United Nations. There can be no doubt that we are peoples with
distinct historical, political and cultural identities and will remain so.
We are united by our histories as distinct societies, as well as by our
languages, laws and traditions. In addition, the profound social, cultural,
economic and spiritual relationships of Indigenous Peoples with our lands,
territories and resources are unique.
Indigenous Peoples are unquestionably peoples in every legal, political, social,
cultural and ethnological meaning of the term. It would be discriminatory,
illogical and unscientific to identify us in the United Nations Draft
Declaration on the Rights of Indigenous Peoples as anything less than peoples.
Our status as peoples is fundamental to the recognition of our right of
self-determination in all its collective political, economic, social, cultural
and spiritual dimensions. To deny our right to define ourselves and to be
recognized as Indigenous Peoples is to deny a fundamental expression of our
right to self-determination.
Regrettably, certain States persist in seeking to deny or otherwise restrict the
status of Indigenous Peoples as "peoples". This is done to deny us the
recognition and enjoyment of our right to self-determination on an equal footing
with other peoples.
These positions are discriminatory and, therefore, run counter to the most
fundamental purposes and principles of the United Nations. We hereby request, as
we have done in the past, that Member States of the United Nations fully respect
the UN Charter, the International Covenants and other human rights instruments
in the present standard-setting process.
We continue to insist that the United Nations apply its own standards
universally and equally, that it recognize and respect the same fundamental
human right to self-determination to us as for other peoples in the world, that
it act without prejudice and without discrimination.
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DR.
TED MOSES
Grand Council of the Cree
ARTICLE 3
This is one of the most important provisions of all in the Draft Declaration, in
its articles in the operative paragraphs, and I quote:
Indigenous peoples have the right of self-determination.
By virtue of that right, they freely determine their political status
and freely pursue their economic, social and cultural development.
 The
fight at the international level has been over the term "peoples" and the
connotation that the term brings under international law as well as having the
recognition of the right of Indigenous Peoples, the right of self-determination.
That has been the biggest battle throughout all of these drafting sessions on
the Draft Declaration.
This article (3) establishes the guiding principle of the entire declaration:
that Indigenous Peoples may freely choose their own form of government and that
they are free to determine how they conduct economic, social and cultural
development. This provision parallels the provisions found in the International
Covenant on Civil and Political Rights and the International Covenant on the
Economic, Social and Cultural Rights, both part of the International Bill of
Rights. That provision recognized that all peoples have the right of
self-determination. A part of the article on self-determination states that by
virtue of the right of self-determination all peoples are free to enjoy the
wealth of their land and its resources and that peoples are not to be denied
their own means of subsistence.
We need this United Nations Declaration on the Rights of Indigenous Peoples, we
need to find a neutral jurisdiction and this Declaration gives us the
possibility, the hope, that the international community will recognise and
protect our rights.
This Declaration recognizes the dignity of the Indigenous Peoples, our right of
self-determination, our right to land, our right to control resources, our right
to practice our own religious, our own religions, our right to maintain our own
cultures, our right to our own identities.
Have no illusions. This Declaration would be very difficult to enforce. It would
be non-binding. But it would, at the very least, establish a high standard, set
a principle and bring the administration of justice on a level with the
aspirations of the Indigenous Peoples.
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LOUISE ARBOUR
HIGH COMMISSIONER FOR HUMAN RIGHTS
WORKING GROUP ON INDIGENOUS POPULATIONS
TWENTY SECOND SESSION
19-23 JULY 2004
PALAIS DES NATIONS
Assembly Hall, Monday, 19 JULY 2004
 I would like to share with you my concern about the length of
the preparatory process for the declaration on the rights of indigenous peoples.
Those who know my professional background as a judge would not be surprised by
my strong belief in the role of normative frameworks as a tool to resolve
problems in different areas of life. This draft, prepared and agreed upon by
experts of this Working Group, was submitted to the Commission on Human Rights
in 1995. The General Assembly, in proclaiming the International Decade of the
World's Indigenous People (1995 - 2004), called upon States to adopt the draft
declaration before the end of the Decade in December 2004.
I have been informed that to date the working group set up by the Commission has
been able to adopt only 2 of the 45 articles at first reading. That makes the
implementation of the General Assembly's recommendation practically impossible.
I would like, therefore, to urge all those who are involved to explore all
possibilities to accelerate the process and finalize it as soon as possible.
Clear commitments in this regard would be essential. The additional time granted
to the working group, including its session to be held from 29 November to 3
December, may facilitate this task.
I know that considerable efforts have been made to bring governmental
delegations closer on this issue. I also understand that indigenous
representatives, who in the past have been committed to maintaining the original
draft, are more open to considering proposals that go in the direction of
improving or clarifying the text. I strongly believe that all parties should be
prepared to listen and engage in constructive dialogue, and be committed to
finding mutually acceptable solutions. In this case, as on many similar
occasions, we must embark upon the negotiations with open minds, courage and
willingness to accept results that represent a good common approach. I know this
takes time and patience. But, time is not unlimited. This is why I say let us
find the time to finish the process of drafting the declaration and let us
commit to getting the result done within an agreed period.
I can assure you that our Office will continue to offer all its support to this
process.
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C O M M I S S I O N O N H U M A N
R I G H T S
- Sixty-first session
- Working Group
established in accordance with
- Commission on Human
Rights resolution 1995/32 of March 1995
- Tenth Session
- Geneva
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