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John Burrows Executive Director Center For World Indigenous Studies ()-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=() ||/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\|| ||=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-|| || || || The Fourth World Documentation Project runs entirely on grants || || and private donations. If you find this information service || || useful to you in any way, please consider making a donation to || || help keep it running. CWIS is a non-profit [U.S. 501(c)(3)] || || organization. All donations are completely tax deductible. || || Donations may be made to: || || || || The Center For World Indigenous Studies || || ATTN: FWDP || || P.O. Box 2574 || || Olympia, Washington USA || || 98507-2574 || || Thank You, || || CWIS Staff || || || ||=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-|| ||\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/|| ()=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-() ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: This file has been created under the loving care of :: :: -= THE FOURTH WORLD DOCUMENTATION PROJECT =- :: :: A service provided by :: :: The Center For World Indigenous Studies :: :: :: :: THE FOURTH WORLD DOCUMENTATION PROJECT ARCHIVES :: :: http://www.halcyon.com/FWDP/fwdp.html :: :: THE CENTER FOR WORLD INDIGENOUS STUDIES :: :: http://www.halcyon.com/FWDP/cwisinfo.html :: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DOCUMENT: INFOONU.TXT THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES United Nations International Decade Of Indigenous Peoples Over the past 25 years, there has been a growing interest in the situation of indigenous peoples worldwide. This interest has led to several important developments at the international level such as the proclamation of the International Decade of the World's Indigenous People by the United Nations (UN) in December 1994. The stated goal of the Decade is the strengthening of international cooperation for the solution of problems faced by indigenous peoples in such areas as human rights, the environment, development, education, and health. To this end, one of the most important events of the Decade will be the UN's consideration of a proposed Declaration on the Rights of Indigenous Peoples. This pamphlet provides some basic information on this work which is intended to improve international protection for indigenous peoples. WHAT IS THE UNITED NATIONS? --------------------------- The UN is a political body made up of countries (also called states) from around the world. It provides a forum for discussion of international concerns such as human rights, development, environmental protection and peace. Since its establishment after the Second World War, the UN has developed a growing body of international human rights documents, intended to protect the rights of all people. WHAT IS A HUMAN RIGHTS DECLARATION? ----------------------------------- UN human rights declarations are important statements of human rights principles which governments are expected and encouraged to respect even though they are not legally binding. These declarations provide means of pressuring governments to improve their human rights performance. They are the first step towards the development of legally binding international human rights standards (called treaties and conventions). The UN has adopted several human rights conventions including ones that address specific concerns, such as racial discrimination and discrimination against women. Human rights documents are not intended to create special rights, but to promote respect for the equality and fundamental dignity of all people, as individuals and as peoples. Existing UN human rights documents primarily emphasize individual human rights. However, the UN also is founded on principles of collective equality -- the equality of all peoples, including their equal right to self- determination. WHAT IS THE PURPOSE OF A DECLARATION ON INDIGENOUS PEOPLES RIGHTS? ------------------------------------ Indigenous peoples are entitled to the same human rights as other people and are supposed to be protected by existing international human rights law. In their everyday life, however, their fundamental rights as individuals and as peoples are too often violated or ignored. A declaration addressing the specific situation of indigenous peoples could improve respect for their human rights by addressing fundamental issues affecting their social, economic, cultural and political existence. A declaration on indigenous rights could address the specific ways in which indigenous human rights are most often violated. It could provide specific and wide-ranging standards affecting every aspect of indigenous life at the community level. THE DEVELOPMENT OF THE 1993 DRAFT DECLARATION ON INDIGENOUS PEOPLES RIGHTS ---------------------------------------- For many years, indigenous peoples have brought to the attention of the United Nations the need for international legal protection of their most fundamental rights. Between 1985 and 1993, a group of UN human rights experts (called the UN Working Group on Indigenous Populations or UNWGIP) worked on a document now referred to as the draft Declaration on the Rights of Indigenous Peoples. This was done through a series of annual meetings to which government and indigenous peoples representatives were invited and presented their views. This work was completed in 1993 and the draft Declaration on the Rights of Indigenous Peoples then was adopted by resolution of UNWGIP's parent body, the UN Subcommission on Prevention of Discrimination and Protection of Minorities. There has been significant government opposition to certain key provisions of the Draft Declaration (e.g. land rights and self-determination). A process has been created to reconsider and perhaps redraft the existing Draft Declaration. The UN Commission on Human Rights (CHR) created a new Working Group which met for the first time in 1995. The CHR Working Group is a body of political representatives, rather than an independent body of experts. It is open-ended, meaning any member state of the UN can join. Indigenous peoples organizations can apply for rights of participation in the CHR Working Group (whether or not they have status as a UN Non-Governmental Organization) to present their views on the Declaration. Indigenous peoples worldwide are concerned governments in the new Working Group will remove or radically alter the most valuable parts of the Declaration such as recognition of the right to self-determination. Many indigenous peoples around the world regard the existing Draft Declaration as the minimum standard of rights acceptable. HIGHLIGHTS OF THE 1993 DRAFT DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES ---------------------------------------- The 1993 Declaration on the Rights of Indigenous Peoples is divided into nine major parts, containing a total of 45 articles or provisions. The Draft Declaration begins by addressing the reasons why an international declaration on indigenous peoples rights is needed. It affirms the equality of indigenous peoples at a collective and individual level while identifying many of the human rights problems that have historically plagued indigenous peoples, such as the taking of indigenous peoples lands, and racial discrimination. PART I - FUNDAMENTAL RIGHTS --------------------------- Part 1 affirms the equality of indigenous peoples as individuals and as peoples. It recognizes the entitlement of indigenous peoples to all fundamental human rights and freedoms. Part I affirms the right of indigenous peoples to be free of all forms of discrimination. Existing human rights documents recognize the right of all peoples to exist and develop in all aspects of their collective life - political, economic, social and cultural. Article 3 of the 1993 Draft Declaration on the Rights of Indigenous Peoples would make clear that indigenous peoples also have this right of self-determination: Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. PART II - LIFE AND SECURITY --------------------------- Part II sets out the right of indigenous peoples to live in freedom, peace and security; to be free of genocide, violence, forced relocations and assimilation; and to not have their children removed from their communities. Indigenous peoples are recognized as having the right to their culture and identity and as needing special protection in periods of armed conflict. PART III - CULTURE, LANGUAGE AND SPIRITUALITY --------------------------------------------- Part III addresses rights relating to culture, language and spirituality. It protects rights: to practice cultural, spiritual and religious traditions to patriation of human remains to indigenous cultural heritage in all aspects (including ceremonies, designs, technologies, art, literature, historical sites and artifacts) and to rights of restitution to maintain, develop and pass on to future generations indigenous language and knowledge. Part III imposes obligations on governments to act to ensure the protection of these rights. PART IV - EDUCATION, MEDIA AND EMPLOYMENT ----------------------------------------- Part IV protects indigenous peoples rights: to education at all levels, to control own education systems, to culturally appropriate education in indigenous language to establish own media to all labour rights and to freedom from discrimination. PART V - DECISION-MAKING AND DEVELOPMENT ---------------------------------------- Part V protects indigenous peoples rights: to their own means of subsistence and development, to their own forms of decision-making, to participate in all decision-making and law-making affecting them (and state governments must seek the free and informed consent to all such laws and policies), to traditional medicine and access to all medical services, to special measures to improve economic and social conditions. PART VI - LANDS AND RESOURCES ----------------------------- Part VI protects indigenous peoples rights to: to maintain their distinctive relationship to their traditional lands, waters and resources, and to the return of land taken without consent, to own and control development of their lands, waters, coastal seas, sea-ice and other resources, to recognition of indigenous laws and customs governing the use of these resources, to protection of their environment and cultural property. PART VII - SELF-GOVERNMENT -------------------------- Recognizes rights of indigenous peoples: to self-government in internal or local matters, to their own citizenship and laws and customs, to maintain relations across borders, to enforcement of treaties. PART VIII - IMPLEMENTATION OF THE DECLARATION --------------------------------------------- The Declaration is intended as a minimum standard of guidelines for state governments to respect. The rights and freedoms protected by the Declaration are for the equal benefit of indigenous men and women. This pamphlet is a joint project of the Inuit Circumpolar Conference and the Chiefs of Ontario (made possible by the financial assistance of the Department of Indian Affairs and Northern Development and Inuit Tapirisat of Canada) and will soon be available in printed form in English, Inuktitut, Cree and Ojibway. Copyright Inuit Circumpolar Conference and Chiefs of Ontario. October 1996 FOR MORE INFORMATION CONTACT: Wendy Moss Special Assistant to President Inuit Circumpolar Conference President's Office 170 Laurier Ave. W. Suite 505 Ottawa, Ont. K1P 5V5 tel: 613-563-4967 fax: 613-563-0470 or Richard Powless Executive Assistant to Ontario Regional Chief c/o Chiefs of Ontario 2 College St. Toronto, Ont. M5G 1K2 tel: 416-972-0212 fax: 416-972-0217 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- To have a current Center For World Indigenous Studies Publication Catalogue sent to you via e-mail, send a request to jburrows@halcyon.com http://www.halcyon.com/FWDP/cwiscat.html Center For World Indigenous Studies P.O. Box 2574 Olympia, WA U.S.A. 98507-2574 FAX: 360-956-1087 OCR Provided by Caere Corporation's OmniPage Professional