- Organization
of American States
- Working Group
to Prepare the Draft American
- Declaration on
the Rights of Indigenous Peoples
- Washington,
D.C.
- 10-12 November
2003
-
-
-
- Joint
Position of the American Indian Law Alliance, Grand Council of the
Crees (Eeyou Istchee), Tetuwan Oyate Teton Sioux Nation Treaty
Council, and Na Koa Ikaika Kalāhui Hawai’i
-
-
-
-
CONSOLIDATED TEXT OF THE DRAFT DECLARATION PREPARED BY THE CHAIR OF
THE WORKING GROUP
-
-
- PROPOSED
REVISIONS TO SECTION THREE: CULTURAL IDENTITY
-
-
-
- Note: The
revisions suggested below are an initial response to the
“Consolidated Text of the Draft Declaration Prepared by the Chair of
the Working Group”, OEA/Ser.K/XVI, GT/DADIN/doc.139/03, 17 June 2003
(hereafter “Chair’s Consolidated Text”). As highlighted in its
“Introduction”, the Consolidated Text “has not been subject to
consultations or negotiation”. It has not been approved by the any
entity within the OAS, member States or Indigenous peoples. In our
respectful view, it has no preferred or legal status.
-
- The OAS
General Assembly has indicated that a “final phase of negotiations”
would start from the Chair’s Consolidated Text. As numerous
Indigenous peoples and organizations have emphasized to date, this
approach raises a host of basic problems and concerns. In
particular, Indigenous representatives have not finished analyzing
and discussing the IACHR Proposed Declaration on the Rights of
Indigenous Peoples.
-
- It is
critical that Indigenous representatives from all regions of the
Americas have full and effective participation at all stages of the
OAS standard-setting process relating to Indigenous peoples’ status
and rights. States have no legitimate mandate to “negotiate” our
human rights – especially when these negotiations are defined as
“exclusively” among themselves.
-
- Further, any
Declaration proposed or adopted by the OAS must fully respect the
Purposes and Principles of the Charter of the United Nations.
Therefore, any existing draft provision or suggested change by
States or other participants in the standard-setting process that
would fail to wholly respect the prohibition against racial
discrimination or would otherwise undermine the human rights of
indigenous peoples must be firmly rejected. As our revisions make
clear, the Chair’s Consolidated Text does not currently adhere to
these crucial standards.
- The common
objective is to ensure that the rights of Indigenous peoples
affirmed in any OAS Declaration constitute the minimum standards for
the survival, dignity and well-being of the indigenous peoples of
the Americas. In no case should these standards fall short of those
in the draft United Nations Declaration on the Rights of
Indigenous Peoples (hereafter “draft U.N. Declaration”).
-
- The OAS
Declaration should also be fully compatible with the status, rights
and aspirations of indigenous peoples, e.g. as reflected in the
Declaration of the Indigenous Peoples Summit of the Americas,
2001.
-
- Full
citations of all authorities referred to are provided at the end of
this submission.
-
-
-
-
-
-
Text (with proposed revisions)
Explanatory notes
-
-
-
- SECTION
THREE. CULTURAL IDENTITY
-
- The title of
Section Three – “Cultural Identity” does not appear to be
sufficiently broad to comprehensively include the subject matters in
this Section. For example, health, education and environmental
matters have important cultural aspects relating to Indigenous
peoples, but these issues include more than cultural considerations.
-
- It is
proposed that the rights in this draft Declaration be
reorganized in the future. We would recommend that social, economic
and cultural rights be grouped together. An additional grouping
should include environment and development and land and resource
rights.
-
- Article XII.
Right to cultural integrity
-
- We propose
Art. XII of the Chair’s Consolidated Text be more accurately
entitled “Right to cultural integrity” (not cultural
“identity”).
-
- 1a. The
right of indigenous peoples to cultural integrity is profoundly
interrelated with the protection, use, and management of their
territories, lands, resources and environment, and with
biodiversity and sustainable development.
-
-
- This
proposed new para. makes clear that the right of Indigenous peoples
to cultural integrity does not exist in a vacuum. Rather it is
interrelated with our lands, resources, environment, etc.
-
- See, for
example, Declaration of the Indigenous Peoples Summit of the
Americas, 2001, para. 31: “The knowledge and culture of
Indigenous Peoples cannot be separated from our unique spiritual and
physical relationship with our lands, waters, resources and
territories.”
-
- Kimberley
Declaration,
International Indigenous Peoples Summit on Sustainable Development,
Khoi-San Territory, Kimberley, South Africa, 20-23 August 2002: “…
we have a distinct spiritual and material relationship with our
lands and territories and they are inextricably linked to our
survival and to the preservation and further development of our
knowledge systems and cultures, conservation and sustainable use of
biodiversity and ecosystem management.”
-
- U.N.
Sub-Commission on Prevention of Discrimination and Protection of
Minorities, Human Rights and the Environment: Final Report
prepared by Mrs. Fatma Zohra Ksentini, Special Rapporteur, 6
July 1994, para. 77: “… removal from or destruction or degradation
of traditional lands inevitably leads to serious loss of life and
health and damage to the cultural integrity of indigenous peoples.”
-
- I/A Court
H.R., Mayagna (Sumo) Awas Tingni Community v. Nicaragua,
Judgment of August 31, 2001, Ser. C No. 76 (2001), at para. 149:
“…the close relationship that the communities have with the land
must be recognized and understood as a foundation for their
cultures, spiritual life, cultural integrity and economic survival.”
-
- World
Conference on Sustainable Development, Plan of Implementation,
adopted in Johannesburg, South Africa, 5 September 2002, at para.
42: “Biodiversity, which plays a critical role in overall
sustainable development and poverty eradication, is essential to our
planet, human well-being and to the livelihood and cultural
integrity of people.”
-
- Agenda
21: Report of the United Nations Conference on Environment and
Development, Rio de Janeiro, 3-14 June 1992,
c. 26, para. 1: “In view of the interrelationship between the
natural environment and its sustainable development and the
cultural, social, economic and physical well-being of indigenous
people …”
-
-
- 1.
Indigenous peoples have the right to their cultural integrity and to
their
historical and ancestral heritage, which are important
for their collective continuity, and for their distinct
identity and that of their citizens.
-
- The
effective protection of the heritage of the indigenous peoples of
the world benefits all humanity. Its diversity is essential to the
adaptability, sustainability and creativity of the human species as
a whole.
-
-
- It is
suggested that the description of heritage as “historical and
ancestral” in para. 1 of the Chair’s Consolidated Text be deleted.
Such a description may serve to inaccurately limit the nature and
scope of Indigenous peoples’ heritage to our past.
-
- See, for
example, "Principles and Guidelines for the Protection of the
Heritage of Indigenous People", in U.N. Sub-Commission on the
Promotion and Protection of Human Rights, Report of the seminar
on the draft principles and guidelines for the protection of the
heritage of indigenous people, 2000
(Chairperson-Rapporteur: Ms. Erica-Irene Daes), Annex I, para. 12:
- The heritage
of indigenous peoples has a collective character and is comprised of
all objects, sites and knowledge including languages, the nature or
use of which has been transmitted from generation to generation, and
which is regarded as pertaining to a particular people or its
territory of traditional natural use. The heritage of indigenous
peoples also includes objects, sites, knowledge and literary or
artistic creation of that people which may be created or
rediscovered in the future based upon their heritage.
-
- Similarly,
see T. Simpson, Indigenous Heritage and Self-Determination: The
Cultural and Intellectual Property Rights of Indigenous Peoples,
(Copenhagen: IWGIA, 1997), at p. 20.
-
- It is also
proposed that a second new para. be added, indicating that the
heritage of indigenous peoples is beneficial to all humanity (and
not solely “their States”). The new wording reproduces Principle 1
of the "Principles and Guidelines for the Protection of the Heritage
of Indigenous People", supra.
-
- 2.
Indigenous peoples have the right to restitution of cultural,
intellectual, religious and spiritual, and other property
taken without their prior, free and informed consent or in violation
of their laws, traditions and customs. Where restitution is not
possible, they have the right to equitable and fair
compensation.
-
- The proposed
revision is consistent with the draft U.N. Declaration on the
Rights of Indigenous Peoples, Art. 12. For greater certainty, it
is important to specify the range of property that is contemplated
by this para. The suggested changes in wording would clarify what
criteria constitute “dispossession”.
-
- See also
U.N. Sub-Commission on Prevention of Discrimination and Protection
of Minorities, Study of the Problem of Discrimination Against
Indigenous Populations: Vol. V, Conclusions, Proposals and
Recommendations, (1986) (J. Martínez Cobo, Special Rapporteur),
para. 513: “Indigenous peoples have a natural and inalienable right
to keep the territories they possess and to claim the lands which
have been taken from them. In other words, they are entitled to the
natural and cultural patrimony contained in the territory and to
determine freely how to use it and benefit from it.”
-
- 3. The
States shall guarantee respect for and non-discrimination against
the indigenous ways of life, world views, usages and customs,
traditions, forms of social, economic and political organization,
institutions, practices, beliefs, values, dress, and languages.
-
- U.N.
Committee on the Elimination of Racial Discrimination, General
Recommendation XXIII (51) concerning Indigenous Peoples, para. 4
a: “4. The Committee calls in particular upon States parties to:
- a. recognize
and respect indigenous distinct culture, history, language and way
of life as an enrichment of the State's cultural identity and to
promote its preservation …”
-
- Article
XIII. Culture and communications
-
- The proposed
new title for Art. XIII more accurately reflects its contents.
“Language” is not specifically referred to in the title, since it is
universally accepted as an integral part of “culture”.
-
- 1.
Indigenous peoples have the right to, use, develop, revitalize and
transmit to future generations their own histories, languages, oral
traditions, philosophies, systems of writing and literature; and to
designate and retain their own names for communities and places. The
States shall adopt adequate measures to protect the exercise of this
right, in conjunction with the peoples concerned.
-
- Para. 1 of
the Chair’s Consolidated Text is consistent with the draft U.N.
Declaration on the Rights of Indigenous Peoples, Art. 14. See
also Declaration of Principles of International Cultural
Cooperation, UNESCO, 1966, para. 1:
- 1. Each
culture has a dignity and value which must be respected and
preserved.
- 2. Every
people has the right and the duty to develop its culture.
-
- In regard to
the second sentence of para. 1 of the Chair’s Text, we propose that
States’ actions to safeguard Indigenous peoples’ cultural rights
should be devised and implemented in “conjunction” with the peoples
concerned. Based on countless past experiences, “consultation” by
State governments is too often sorely inadequate and not carried out
in good faith.
-
- 1a.
Indigenous peoples have the right to practise and revitalize their
cultural traditions and customs. This includes the right to
maintain, protect and develop the past, present and future
manifestations of their cultures, such as archaeological and
historical sites, artifacts, designs, ceremonies, sports,
technologies and visual and performing arts and literature.
-
-
Indigenous children have the right, collectively and individually,
to enjoy their own culture, to profess and practise their own
religion or spirituality, and to use their own language.
-
- As we
propose in para. 1a, it is necessary to elaborate upon the basic
cultural rights of Indigenous peoples.
-
- The first
new proposed para. reflects the draft U.N. Declaration on the
Rights of Indigenous Peoples, Art. 12.
-
- See also
Declaration of the Indigenous Peoples Summit of the Americas,
2001, para. 2: “These fundamental rights must include … c) Respect
and protection of our sacred cultural and ceremonial sites; d)
Protection of our heritage, and our intellectual and cultural
property rights …”
-
- In regard to
Indigenous sports, they are a past and ongoing manifestation of
Indigenous peoples’ spirituality, identity and culture. An example
of international renown is lacrosse, which is now also widely played
by non-Indigenous people. In reference to sports as a human right,
see, for example, International Olympic Committee, Olympic
Charter, in force 29 November 2002, p. 9, Principle 8: “The
practice of sport is a human right. Every individual must have the
possibility of practising sport in accordance with his or her
needs.”
-
- The second
new proposed para. is consistent with the Convention on the
Rights of the Child, Art. 30.
-
- 2. The
States shall take measures to promote the broadcast of radio and
television programming by the mass media in indigenous languages in
regions with a substantial indigenous presence. The States
shall also support the creation of indigenous radio stations and
other means of communication.
-
- It is
proposed that the term “large” be replaced by “substantial”.
Indigenous and non-Indigenous perspectives as to what is “large”
would likely be very different. “Substantial” can suggest an
important or valuable presence without being “large” in
non-Indigenous terms.
-
- In regard to
para. 2 of the Chair’s Text, see Declaration on Fundamental
Principles concerning the Contribution of the Mass Media to
Strengthening Peace and International Understanding, to the
Promotion of Human Rights and to Countering Racialism, Apartheid and
Incitement to War, UNESCO,1978, para. 2: “… it is important that
the mass media be responsive to concerns of peoples and individuals,
thus promoting the participation of the public in the elaboration of
information.”
-
- 3. The
States shall take effective measures so that indigenous peoples
and individuals can understand administrative, judicial, and
political rules and procedures, and be understood in such
proceedings.
-
- 3a. The
States shall make the necessary efforts for the indigenous languages
to be established as official languages at least in the areas
where indigenous languages predominate or are used as extensively
as any existing official language.
-
- It is
proposed that para. 3 of the Chair’s Consolidated Text be revised so
as to apply to both Indigenous peoples and individuals. Both peoples
and individuals may be directly involved or affected by
administrative, judicial and political rules and procedures.
Indigenous peoples participate in such proceedings through mandated
leaders or representatives.
-
- The first
and second sentences in para. 3 of the OAS Proposed Declaration
address separate (though overlapping) issues. It is proposed that
the second sentence in para. 3 be placed in a separate para. 3a.
-
- It is
proposed that, where an Indigenous language in a particular area is
used as much as any existing official language, then such Indigenous
language should be made an official language at least in the area
concerned. Official languages in some countries, such as Canada, are
not limited to the area where an official language predominates.
-
- Article
XIV. Education
-
-
-
- 1a.
Indigenous peoples have the right to have the dignity and diversity
of their cultures, traditions, histories and aspirations
appropriately reflected in all forms of education and public
information.
-
- It is
proposed to include a right of Indigenous peoples that corresponds
to the obligation of States in para. 1 of Art. IX of the Chair’s
Consolidated Text. The new proposed para. reflects the draft U.N.
Declaration on the Rights of Indigenous Peoples, Art. 16.
-
- See alsoIndigenous
and Tribal Peoples Convention, 1989, Art. 31:
- Educational
measures shall be taken among all sections of the national
community, and particularly among those that are in most direct
contact with the peoples concerned, with the object of eliminating
prejudices that they may harbour in respect of these peoples. To
this end, efforts shall be made to ensure that history textbooks and
other educational materials provide a fair, accurate and informative
portrayal of the societies and cultures of these peoples.
-
- 1. The
States shall include in their national educational systems content
that fairly and accurately reflects the diversity of the
histories and cultures of Indigenous peoples and the
intercultural, multiethnic, and multilingual nature of State
societies. The indigenous peoples have the right to bilingual
intercultural education that incorporates their own world view,
history, knowledge, values, spiritual practices, and ways of life.
-
- It is
insufficient to refer simply to the “intercultural, multiethnic, and
multilingual nature” of State societies. As “peoples”, Indigenous
peoples constitute more than these categories would suggest.
-
- 2.
Indigenous peoples and children have the right to education at all
levels. Indigenous peoples have the right to:
-
-
a) establish, operate and control their own
educational programs, institutions, and facilities;
-
b) prepare and implement their own plans,
programs, curricula, and teaching materials; and,
-
c) educate, train, and accredit their teachers and
administrators.
-
The
States shall take the necessary measures to ensure that the
indigenous education systems guarantee equal educational opportunity
and teachers for the general population and complementarity with the
national educational systems.
-
- The proposed
revisions to this para. are consistent with the right of indigenous
peoples under the draft U.N. Declaration on the Rights of
Indigenous Peoples, Art. 15 (right to all levels and forms of
education) and Art. 31 (self-determination regarding education);
Convention on the Rights of the Child, Art. 28 (right of child
to education); the Indigenous and Tribal Peoples Convention, 1989,
Art. 26 (education at all levels); the International Covenant on
Economic, Social and Cultural Rights, Art. 13 (right to
education); and the international human rights Covenants, Art. 1
(self-determination).
-
- In regard to
the second sentence in para. 2, it is proposed that the terms
“define” and “implement” be replaced with “establish, operate and
control”. One does not “implement” institutions and facilities. The
term “control” is consistent with Indigenous peoples’
self-determination in education.
-
- It is
proposed that the para. concerning State measures be deleted, since
it introduces detail that would be more appropriately addressed in
other ways outside the Declaration.
-
- 3. The
States are committed to the principle of equality of opportunity
in education and to reducing disparities between Indigenous and
non-Indigenous people, so that the indigenous educational
systems may provide similar levels of quality,
programs, and accessibility as those provided for the general
population. In addition, the States shall facilitate access for
indigenous children who live outside of their communities to
learning in their own languages and cultures.
-
- As currently
drafted, the first sentence of para. 3 of the Chair’s Text could be
interpreted that, in order to fulfill their “guarantee”, States
would have far-reaching powers to interfere in indigenous education
systems. Therefore, we propose revisions that would commit States to
the principle of equality of opportunity in education and to
reducing disparities between Indigenous and non-Indigenous people.
-
- In view of
the diversity among Indigenous and non-Indigenous education systems,
it would appear to be more appropriate to require that the levels of
quality, etc. provided be “similar” rather than the “same”.
-
- In regard to
indigenous children who live outside of their communities learning
their own languages and cultures, the Chair’s Consolidated Text
includes the States’ obligation to “facilitate access”. In contrast,
in the draft U.N. Declaration on the Rights of Indigenous Peoples,
Art. 15, para. 2, Indigenous children have the right “to be provided
access”.
-
- 4.
The
States shall take measures to guarantee for the members of the
indigenous peoples education of equal quality as for the general
population at all levels. The States shall adopt effective measures
to provide adequate resources for these purposes.
-
- It is
proposed that para. 4 of Art. XIV of the Chair’s Text be deleted.
The commitment to education of equal quality is already addressed in
para. 3 above, in a manner that would not potentially allow State
interference with the education jurisdiction of Indigenous peoples.
-
- It is
suggested that para. 5 of the OAS Proposed Declaration be
deleted and replaced with the two new proposed paras. that would
apply to the whole Declaration. The following new paras.
should be added to Section Six: - “General Provisions”:
-
Indigenous peoples have the right to financial and technical
assistance from States and through international cooperation, to
pursue freely their political, economic, social, cultural and
spiritual development, and for the enjoyment of the rights and
freedoms recognized in this Declaration.
-
- In no
case shall any State diminish, withdraw or deny such basic
assistance to indigenous peoples as a means of compelling these
peoples to alter their freely and democratically expressed opinions
or positions concerning their fundamental human rights.
-
- It makes
little sense to limit express provisions for assistance by States to
education matters. In view of the dire situation faced by Indigenous
peoples throughout the Americas, assistance should expressly be
contemplated in respect to all of our fundamental human rights in
the Declaration. This assistance should be available through
international cooperation, as well as at the national level. The
wording in the first proposed para. reflects the draft U.N.
Declaration, Art. 38.
-
- The second
proposed para. addresses the ongoing problem where States reduce,
withdraw or deny assistance, as a means of penalizing Indigenous
peoples for asserting or protecting our basic human rights.
-
- See also
Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms, 8 March 1999, Annex, Art.
12: “... 2. The State shall take all necessary measures to ensure
the protection by the competent authorities of everyone,
individually and in association with others, against any violence,
threats, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a
consequence of his or her legitimate exercise of the rights referred
to in the present Declaration.”
-
- Article XV.
Indigenous spirituality and other rights and freedoms
-
- It is
proposed to revise the title of Art. XV, so as to more accurately
refer to “other rights and freedoms” rather than solely “freedom of
conscience”.
-
- 1.
Indigenous peoples and individuals have the right to freedom
of expression, conscience, spirituality, religion
and belief, and to express them both in public and in private,
individually or collectively.
-
- The proposed
revision ensures that rights and freedoms in para. 1 of Art. XV of
the Chair’s Consolidated Text apply to all Indigenous individuals
(not only those who are “members” or “citizens” of an Indigenous
people).
-
- For a
similar provision to para. 1 of Art. XV of the Chair’s Text, see
Draft American Declaration on the Rights of Indigenous Peoples –
Working Document Comparing the Original Draft of the Inter-American
Commission on Human Rights, Proposals by States and by the
Indigenous Representatives, as well as the Proposed Draft by the
Chair of the Working Group to Prepare the Draft American Declaration
on the Rights of Indigenous Peoples, 9 January 2002, p. 29, Art.
X.1.
-
- 2. The
States shall take the necessary measures to prohibit efforts to
convert or otherwise alter the spiritual or religious beliefs
of indigenous peoples or individuals without their
prior, free and informed consent.
-
- The proposed
revision ensures that rights and freedoms in para. 2 of Art. XV of
the Chair’s Consolidated Text apply to all Indigenous individuals
(not only those who are “members” or “citizens” of an Indigenous
people).
-
- If
Indigenous consent is first obtained, then a belief has not been
“imposed”. Therefore, we propose that the term “imposed” be replaced
with “otherwise alter”.
-
- It is
suggested that the types of beliefs being addressed here should be
specified, i.e. “spiritual or religious”.
-
- The proposed
addition of “prior” to “free and informed consent” would serve to
ensure that Indigenous consent is obtained in a timely manner.
-
- 3.
Indigenous peoples have the right to maintain and protect their
cultural and religious properties, including burial and other sacred
sites and the human remains, relics and artifacts found at such
sites.
-
- The States
shall adopt the necessary measures,
in consultation with
the indigenous peoples, to preserve, respect, and protect the
sacred sites and objects of indigenous peoples, including
their burial grounds, human remains, and relics.
-
- It is
essential to first affirm the cultural and religious properties of
Indigenous peoples. The proposed new para. is consistent with the
draft U.N. Declaration on the Rights of Indigenous Peoples,
Art. 13.
-
- See also
Kimberley Declaration, International Indigenous Peoples Summit
on Sustainable Development, Khoi-San Territory, Kimberley, South
Africa, 20-23 August 2002: “We maintain the rights to our sacred and
ceremonial sites and ancestral remains, including access to burial,
archaeological and historic sites.”
-
- In regard to
the adoption by States of necessary measures of preservation, etc.,
it is proposed that the reference to “consultation” be deleted. The
key issue of Indigenous peoples’ input and participation should be
addressed in terms of the implementation of the whole Declaration
under Section Six -
”General Provisions”. In this regard, we
propose the following:
- For
matters relating to indigenous peoples’ human rights, States’
obligations, implementation of this Declaration, and related
reforms, indigenous peoples have the right to full, direct and
effective participation at the international and national levels.
Procedures shall be devised in conjunction with indigenous peoples,
so as to ensure that any measures adopted are with the prior, free
and informed consent of the peoples concerned.
-
- 4. The
States and their institutions shall guarantee that society as a
whole respect the integrity of indigenous symbols, practices, sacred
ceremonies, expressions, and
spiritual protocols.
-
- The proposed
revision would ensure that measures taken by States would not be
limited to Indigenous protocols that were of a “spiritual” nature.
-
-
- Article XVI.
Family relations and ties
-
-
-
- 1. The
indigenous family shall be respected and protected by society and
the State. The State shall recognize the various indigenous forms of
family, particularly the extended family, matrimonial union,
filiation, family name, and all other rights of the indigenous
family. These indigenous forms of family organization shall be
respected by public and private persons, including cooperation and
development agencies. In all cases, the criteria of gender and
generational equity shall be recognized and respected.
-
-
-
- In regard to
the last sentence of para. 1 of Art. XVI of the Chair’s Consolidated
Text, it is unclear what is the desired purpose or intention.
Further discussion of the criteria highlighted would be beneficial.
-
- 1a. The
widest possible protection and assistance shall be accorded to the
Indigenous family, particularly for its establishment and while it
is responsible for the care and education of dependent children.
-
- The proposed
new para. 1a reflects the International Covenant on Economic,
Social and Cultural Rights, Art. 10, para. 1. It is crucial for
States to provide such protection and assistance to the Indigenous
family, especially in view of the past or ongoing damage caused in
this context by many States.
-
-
- 2. In
matters related to the adoption of indigenous children, severance of
the ties, and all other actions concerning indigenous
children, the best interests of the child shall be a primary
consideration.
-
- States,
courts and other relevant institutions shall respect the
responsibilities, rights and duties of parents, members of the
extended family or community, legal guardians or other persons
legally responsible for the child, as provided for by indigenous
peoples’ own customs, practices or laws. The indigenous
institutions have primary jurisdiction for determining custody
and other family issues relating to indigenous children.
-
- These
parents or other persons with legal responsibility shall provide, in
a manner consistent with the evolving capacities of the child,
appropriate direction and guidance in the exercise by the child of
his or her fundamental human rights.
-
- The proposed
revisions to the first sentence of para. 2 of Art. XVI of the
Chair’s Consolidated Text reflect the Convention on the Rights of
the Child, Art. 3, para. 1: “In all actions concerning children,
whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities or legislative bodies, the
best interests of the child shall be a primary consideration.” The
proposed new wording addresses State, court, etc. obligations in
respect to all actions concerning indigenous children, and not
solely determinations of their “best interest”.
-
- In regard to
our additional proposed revisions, we have highlighted the duty to
“respect” the responsibilities, rights, and duties of parents, etc.
and Indigenous peoples’ “customs, practices or laws”. It is
insufficient to simply “take into account” these essential aspects.
Our suggested revisions are wholly consistent with the Convention
on the Rights of the Child, Art. 5:
- States
Parties shall respect the responsibilities, rights and duties of
parents or, where applicable, the members of the extended family or
community as provided for by local custom, legal guardians or other
persons legally responsible for the child, to provide, in a manner
consistent with the evolving capacities of the child, appropriate
direction and guidance in the exercise by the child of the rights
recognized in the present Convention.
-
- See also the
draft U.N. Declaration on the Rights of Indigenous Peoples,
11th preambular para.: “Recognizing … the
right of indigenous families and communities to retain shared
responsibility for the upbringing, training, education and
well-being of their children … ”
-
- In regard to
the Indigenous institutions’ primary jurisdiction for determining
custody, etc. of Indigenous children, it is proposed that “shall
have” in the Chair’s Text be replaced with “have”. Use of “shall
have” could imply that Indigenous peoples’ right to address
family-related matters through our own institutions is not an
inherent right.
-
- Article
XVII. Health
-
-
-
- 1a.
Indigenous peoples have the collective and individual right to the
enjoyment of the highest attainable standard of physical and mental
health.
-
- The right
to health embraces a wide range of socio-economic factors that
promote conditions in which indigenous peoples and individuals can
lead healthy lives. Underlying determinants of health include food
and nutrition, housing, access to safe and potable water and
adequate sanitation, safe and healthy working conditions, access to
recreational activity and sport, and a healthy environment.
-
- We are
proposing a new para. 1a for Art. XVII of the Chair’s Consolidated
Text. Our revisions reflect the International Covenant on
Economic, Social and Cultural Rights, Art. 12; and the
Indigenous and Tribal Peoples Convention, 1989, Art. 25.
-
- See also
Committee on Economic, Social and Cultural Rights, General Comment
No. 14, The right to the highest attainable standard of health,
adopted 11 May 2000, para. 4:
- … the right
to health embraces a wide range of socio-economic factors that
promote conditions in which people can lead a healthy life, and
extends to the underlying determinants of health, such as food and
nutrition, housing, access to safe and potable water and adequate
sanitation, safe and healthy working conditions, and a healthy
environment.
-
- United
Nations Development Program, Human Development Report 2000,
at p. 76: “Many studies have documented the causal links between
food, nutrition, housing, sanitation, health care and education.”
-
- It is also
important to note our reference to “recreational activity and
sport”. Sports, especially Indigenous sports, are highly important
to the health, culture, and well-being of our people: see, e.g.,
Canadian Broadcast Corporation, “Lacrosse in Nunavut”, The
National, Peter Mansbridge, Canada, March 3, 2003 (transcript)
(positive health and social impacts relating to Inuit youth).
-
- In regard to
sports and health, see E.G. Krug, et al., eds., World
Report on Violence and Health (Geneva: World Health
Organization, 2002), p. 44: “Extracurricular activities – such as
sports and recreation … – can provide adolescents with opportunities
to participate in and gain recognition for constructive group
activities”.
-
- 1.
Indigenous peoples have the right to the exercise and legal
recognition of their traditional and other indigenous
medicine, pharmacopoeia, health practices and promotion, including
those aimed at prevention and rehabilitation. They have the
right to use, maintain, develop, administer and control their
own health services, in accordance with their traditions, customs
and practices
; all in accordance with internationally
recognized standards.
-
- This para. 1
of Art. XVII, as revised, is consistent with the draft U.N.
Declaration on the Rights of Indigenous Peoples, Art. 24, para.
1. The right to Indigenous medicine, health practices, etc. should
not be limited to traditional forms, since Indigenous peoples
customs and practices are of a dynamic nature and continue to adapt
and change.
-
- See also
Committee on Economic, Social and Cultural Rights, General Comment
No. 14, The right to the highest attainable standard of health,
adopted 11 May 2000, para. 27: “… indigenous peoples have the right
to specific measures to improve their access to health services and
care. These health services should be culturally appropriate, taking
into account traditional preventive care, healing practices and
medicines.”
-
- The notion
of Indigenous “control” over our own health services is consistent
with the international human rights Covenants, Art. 1
(self-determination); and the draft U.N. Declaration on the
Rights of Indigenous Peoples, Art. 31 (self-determination
regarding health).
-
- It is
proposed that Indigenous customs, practices, etc. in relation to
health should not be made subject to internationally recognized
standards. Such standards are in the process of being developed or
appropriately altered with Indigenous input. Therefore, it would be
premature and unfair to use existing standards as a limitation on
Indigenous peoples’ rights.
-
- 2.
Indigenous peoples have the right to the use and protection of the
plants, animals, and minerals for medicinal use in their ancestral
lands and territories, for such purposes as the research,
development and practice of indigenous medicine.
-
- This para. 2
of Art. XVII of the Chair’s Text is consistent with the draft
U.N. Declaration on the Rights of Indigenous Peoples, Art. 24,
para. 1. However, it is proposed that the last phrase not limit
Indigenous peoples’ use to the “practice of indigenous medicine”.
Other purposes, such as Indigenous research and development, are
also essential.
-
- 3. The
States shall take measures to prevent indigenous peoples from being
subject to programs of biological or medical experimentation without
their prior, free and informed consent.
-
- As our
revision suggests, in the context of biological or medical
experimentation, the notion of “prior” consent is especially
crucial.
-
- 4.
Indigenous peoples have the right to use, without any discrimination
whatsoever, all the health and medical care institutions and
services accessible to the general population. The States shall
promote an intercultural approach in the medical and health services
provided to indigenous persons, including the formation of
indigenous technical and professional health care personnel.
-
- This para. 4
of Art. XVII of the Chair’s Text is consistent with the draft
U.N. Declaration on the Rights of Indigenous Peoples, Art. 24,
para. 2 (non-discriminatory access to health services, etc).
-
-
- 5. The
States shall provide the necessary resources and other means
for the indigenous peoples to improve the health conditions in their
communities so as to ensure equality with the standards
accepted for the general population. Ill-conceived
development-related activities and other actions that have a
deleterious effect on the health of Indigenous people shall be
avoided.
-
- The proposed
revisions to para. 5 of Art. XVII of the Chair’s Text highlight the
need for resources in addressing the urgent and long-standing health
conditions in most Indigenous communities.
-
- The specific
obligation of States to provide resources is also provided in the
Indigenous and Tribal Peoples Convention, 1989, Art. 25.
-
- The
suggested revisions also strengthen the requirement of equal
standards with the general population. In addition, States are to
refrain from future actions that would inflict additional adverse
health effects on Indigenous people.
-
- See, e.g.,
the Committee on Economic, Social and Cultural Rights, General
Comment No. 14, The right to the highest attainable standard of
health, adopted 11 May 2000, para. 27: “… in indigenous
communities, the health of the individual is often linked to the
health of the society as a whole and has a collective dimension. In
this respect, the Committee considers that development-related
activities that lead to the displacement of indigenous peoples
against their will from their traditional territories and
environment, denying them their sources of nutrition and breaking
their symbiotic relationship with their lands, has a deleterious
effect on their health.”
-
- See also
Geneva Declaration on the Health and Survival of Indigenous Peoples,
adopted at the International Consultation on the Health of
Indigenous Peoples, organized by the World Health Organization,
Geneva, 23-26 November 1999, Part IV, “The health of Indigenous
Peoples is overwhelmingly affected by determinants outside the realm
of the health sector, namely social, economic, environmental and
cultural determinants. These are the consequences of colonization …”
-
-
Declaration of Machu Picchu on Democracy, the Rights of Indigenous
Peoples and the Fight Against Poverty,
Lima – Machu Picchu, July 28-29, 2001, para. 7: “…we firmly support
every effort to promote and safeguard the rights and fundamental
freedoms of indigenous peoples, including: … the right not to be
displaced, as peoples, and moved from their lands …”
-
- In regard to
state responsibility, see also Committee on the Elimination of
Racial Discrimination, General Recommendation XXIII (51)
concerning Indigenous Peoples, para. 3: “… in many regions of
the world indigenous peoples have been, and are still being,
discriminated against, deprived of their human rights and
fundamental freedoms and in particular that they have lost their
land and resources to colonists, commercial companies and State
enterprises. Consequently the preservation of their culture and
their historical identity has been and still is jeopardized.”
-
- Article
XVIII. Right to environmental protection
-
-
-
- 1.
Indigenous peoples have the right to live in harmony with nature and
to a healthy and safe environment, which are essential conditions
for enjoyment of the right to life, to their spirituality, and to
collective well-being.
-
- We support,
as drafted, para. 1 of Art. XVIII of the Chair’s Consolidated Text.
In view of the profound relationship that Indigenous peoples have
with their territories, lands, resources and environment, it is
vital to affirm our right to a safe and healthy environment. See
generally Additional Protocol to the American Convention on Human
Rights in the Area of Economic, Social And Cultural Rights, Art.
11:
- 1. Everyone
shall have the right to live in a healthy environment … .
- 2. The
States Parties shall promote the protection, preservation, and
improvement of the environment.
-
- See Human
Rights and the Environment: Final report prepared by Mrs. Fatma
Zohra Ksentini, Special Rapporteur, 6 July 1994, para. 242:
- Although
only a few instruments of a binding legal character have established
a direct link between the environment and human rights, the regional
and international human rights bodies are developing a practice
whereby the procedural bases for enforcing the right to a
satisfactory environment are becoming more firmly established and
the validity of complaints of human rights violations based on
ecological considerations is being recognized.
-
- See also
Inter-American Democratic Charter, 2001, preamble: “RECOGNIZING
that a safe environment is essential to the integral development of
the human being, which contributes to democracy and political
stability …”.
-
-
Inter-American Commission on Human Rights, umHReport of the
Situation of Human Rights in Ecuador, 1997, Ch. 8:
- The right to
life recognized in Article 4 of the American Convention is …
fundamental in the sense that it is nonderogable and constitutes the
basis for the realization of all other rights. … States Parties are
required to take certain positive measures to safeguard life and
physical integrity. Severe environmental pollution may pose a threat
to human life and health, and in the appropriate case give rise to
an obligation on the part of a state to take reasonable measures to
prevent such risk, or the necessary measures to respond when persons
have suffered injury.
-
- 2.
Indigenous peoples have the right to conserve, restore, make use of,
and protect their total environment, and to the sustainable
management of their lands, territories, and resources. Military
activities shall not take place in the lands and territories of
indigenous peoples, unless with the prior, free and informed consent
of the peoples concerned.
-
-
-
- As revised,
para. 2, of Art. XVIII of the Chair’s Text reflects the draft
U.N. Declaration on the Rights of Indigenous Peoples, Art. 28,
para. 1. However, Art. 28 of the draft U.N. Declaration also
addresses military activities. Therefore, we propose a new second
sentence to address this important aspect.
-
- 3.
Indigenous peoples have the right to be informed and consulted,
in a timely and adequate manner, with respect to measures that
may affect their environment, as well as to fully and effectively
participate in plans, actions and decisions that may affect
it. Where damage to Indigenous peoples and to their citizens,
lands, territories, resources and environment may be significant,
States and third parties shall obtain the prior, free and informed
consent of the peoples concerned.
-
- In regard to
para. 3 of Art. XVIII of the Chair’s Text, we propose revisions to
strengthen the right to information relevant to the safeguarding the
environment. In particular, it is critical to receive information in
a timely and adequate manner.
-
- For example,
see A. Korten & H.Huertas Gonzalez, Changing the Power Equation:
Case Studies of Indigenous Leadership in Panama’s Darien Gap
(Panama, Panama: Center for Popular Legal Assistance, 2002), at p.
44: “Indigenous peoples need to have time to read relevant materials
or to give them to professionals with whom they work to help them
decipher the legal terms in these often dense and technical
documents. They also need the opportunity to consult with their
congresses before meeting dates, in accordance with their
traditional decision-making practices.”
-
- See also the
U.N. Economic Commission for Europe's Convention on Access to
Information, Public Participation and Access to Justice in
Environmental Matters, Åarhus, Denmark, 2001, Art. 1: “In order
to contribute to the protection of the right of every person of
present and future generations to live in an environment adequate to
his or her health and well-being, each Party shall guarantee the
rights of access to information, public participation in
decision-making, and access to justice in environmental matters …”
-
- Rio
Declaration on Environment and Development,
1992, Principle 10: “At the national level, each individual shall
have appropriate access to information concerning the environment
that is held by public authorities, including information on
hazardous materials and activities in their communities, and the
opportunity to participate in decision-making processes. States
shall facilitate and encourage public awareness and participation by
making information widely available.”
-
- “Declaration
of Principles on Freedom of Expression”, approved by the
Inter-American Commission on Human Rights during its 108th regular
session, 5th preambular para.: “… guaranteeing the right
to access to information held by the State will ensure greater
transparency and accountability of governmental activities and the
strengthening of democratic institution”.
-
- In regard to
potentially significant damage to Indigenous peoples and our lands,
territories, resources and environment, it is proposed in a new
sentence that our consent be obtained. Consultation alone is wholly
inadequate.
-
- Generally,
in regard to the right of effective participation of indigenous
peoples and the obligation to obtain our prior, free and informed
consent to measures affecting us, see Committee on the Elimination
of Racial Discrimination, General Recommendation XXIII (51)
concerning Indigenous Peoples, para. 4 d: “The Committee calls
in particular upon States parties to: … d. ensure that members of
indigenous peoples have equal rights in respect of effective
participation in public life, and that no decisions directly
relating to their rights and interests are taken without their
informed consent …”
-
- See also
Report on the United Nations Seminar on the effects of racism and
racial discrimination on the social and economic relations between
indigenous peoples and States, Geneva, Switzerland, 16-20
January 1989, Recommendations, p. 9, para. (i):
- The Seminar:
- (i)
Recommends that States implement the principle that their relations
with indigenous peoples will be based upon free and informed consent
and co-operation, rather than merely consultation and participation
and that this be respected as a right …
-
- 4. Where
national government policies and programs apply, Indigenous
peoples have the right to participate fully in the formulation,
planning, organization, and implementation of government programs
and policies to conserve
and exploit their lands,
territories, and resources.
-
- In regard to
para. 4 of Art. XVIII of the Chair’s Text, our proposed revision
contemplates the possible application of government conservation
policies and programs to indigenous peoples’ lands, etc. In contrast
to the existing text, our revised text does not presume that
government programs would automatically apply. Nor do we presume
that States have the right to “exploit” our lands, territories and
resources. We propose the deletion of the term “exploit”, since it
would be inconsistent with the objectives of the draft Declaration
to make such a blanket presumption.
-
- See the
Rio Declaration on Environment and Development, 1992, Principle
22: “Indigenous people and their communities … have a vital role in
environmental management and development because of their knowledge
and traditional practices. States should recognize and duly support
their identity, culture and interests and enable their effective
participation in the achievement of sustainable development.”
-
- See also the
Indigenous and Tribal Peoples Convention, 1989, Art. 7:
“[Indigenous and tribal peoples] shall participate in the
formulation, implementation and evaluation of plans and programmes
for national and regional development which may affect them
directly.”
-
- 5.
Indigenous peoples have the right to assistance from their States
for the purpose of protecting the environment, and from
international organizations, in keeping with the procedures
established in the national legislations, and without
discrimination.
-
- It is
proposed that para. 5 of the Chair’s Consolidated Text be deleted
and replaced with a general provision concerning the right to
assistance. We propose that the following para. be added to Section
Six – “General Provisions”:
-
Indigenous peoples have the right to financial and technical
assistance from States and through international cooperation, to
pursue freely their political, economic, social, cultural and
spiritual development, and for the enjoyment of the rights and
freedoms recognized in this Declaration.
-
- In no
case shall any state diminish, withdraw or deny such basic
assistance to indigenous peoples as a means of compelling these
peoples to alter their freely and democratically expressed opinions
or positions concerning their fundamental human rights.
-
- In any
event, we would propose the deletion of the phrase “in keeping with
the procedures established in the national legislations”. Such a
qualification could serve to legitimize unfair limitations being
imposed by States.
-
- 6. The
States shall take effective measures to prohibit, punish, and
prevent, in conjunction with the indigenous peoples concerned,
the introduction, abandonment, or deposit of radioactive materials
or waste, or toxic substances or waste,
in violation of legal
provisions in force; as well as the production, introduction,
transit, possession, or use of chemical, biological, or nuclear
weapons, on indigenous lands and territories.
-
- States,
in conjunction with the indigenous peoples concerned, shall take
effective measures to ensure that effective legal remedies,
including compensation, are available, and, as needed, that
programmes for monitoring, maintaining and restoring the health of
indigenous peoples are duly implemented.
-
- It is
proposed that para. 6 of Art. XVIII of the Chair’s Text be revised,
so as to delete the qualification that the introduction, etc. of
hazardous or toxic materials, etc. on Indigenous lands and
territories will only be prohibited, punished, etc., if such acts
are “in violation of legal provisions in force”. Such a
qualification, if adopted, would serve to legitimize past and future
degradations of Indigenous lands and lead to severe and far-reaching
health effects relating to Indigenous people.
-
- We also
propose a new para. that would ensure effective legal remedies for
Indigenous peoples, as well as programs to address the health
effects resulting from such highly toxic materials and weapons.
-
- No such
qualification as found in the Chair’s text exists in the draft
U.N. Declaration on the Rights of Indigenous Peoples, Art. 28,
paras. 2 and 3:
- States shall
take effective measures to ensure that no storage or disposal of
hazardous materials shall take place in the lands and territories of
indigenous peoples.
-
- States shall
also take effective measures to ensure, as needed, that programmes
for monitoring, maintaining and restoring the health of indigenous
peoples, as developed and implemented by the peoples affected by
such materials, are duly implemented.
-
- See also
National Congress of American Indians, “The State of Indian Nations
Today: Mapping a Course for the Next Seven Generations”, 2003, p.
10: “At least 170 tribes [in the United States] are located within a
50-mile radius of 432 … highly toxic … sites. Other tribes struggle
with efforts to secure return and clean up of federal sites … [and]
tribal lands taken and utilized for nuclear weapons research and
development. The toxic substances at these sites detrimentally
impact human health as well as cultural and ecological resources.”
-
- In regard to
effective environment-related remedies, see U.N. Commission on Human
Rights, Adverse effects of the illicit movement and dumping of
toxic and dangerous products and wastes on the enjoyment of human
rights: Report submitted by Ms. Fatma-Zohra Ouhachi-Vesely,
submitted pursuant to Commission resolution 2002/27, Addendum:
Mission to Canada (17-30 October 2002), 14 January 2003, para.
(hhhhh):
- The Special
Rapporteur also notes allegations by indigenous groups of
difficulties in receiving compensation for damage suffered as a
result of phenomena of concern to her mandate.
-
- See also
Rio Declaration on Environment and Development, 1992, Principle
10: “Effective access to judicial and administrative proceedings,
including redress and remedy, shall be provided.”
-
- In regard to
States’ obligations in para. 6 of Art. XVIII of the Chair’s text, it
is indicated that such obligations be effectively carried out “in
conjunction with Indigenous peoples”. However, Indigenous peoples’
input and participation should be generally addressed in terms of
the implementation of the whole Declaration under Section Six -
”General Provisions”. In this regard, we propose the following:
- For
matters relating to indigenous peoples’ human rights, States’
obligations, implementation of this Declaration, and related
reforms, indigenous peoples have the right to full, direct and
effective participation at the international and national levels.
Procedures shall be devised in conjunction with indigenous peoples,
so as to ensure that any measures adopted are with the prior, free
and informed consent of the peoples concerned.
-
- 7.
When
the State declares an indigenous territory to be a protected area or
subject to wildlife reserve conditions and in the case of lands and
territories claimed by indigenous peoples, the conservation areas
shall not be subject to any natural resources development without
the informed participation of the peoples concerned.
-
- Where
States seek to designate indigenous lands or territories a
biopreserve or other protected area, the prior, free and informed
consent of the indigenous peoples concerned shall be obtained.
-
-
Conservation or other protected areas on indigenous lands or
territories shall not be subjected to any natural resource or other
development without the prior, free and informed consent and
participation of the peoples concerned. Such consent shall also be
required in cases where the rights or titles to lands, territories
and resources are the subject of dispute between indigenous peoples
and States.
-
- We propose
to delete para. 7 of Art. XVIII of the Chair’s Consolidated Text and
replace it with two paras. Our proposed revisions contemplate the
possible designation of Indigenous lands and territories as
protected areas, but do not presume that such state authority
automatically exists.
-
- In addition,
state-Indigenous disputes concerning rights or title to lands, etc.
are described in a neutral manner as “disputes” and not as
Indigenous peoples’ “claims”.
-
- See also
Inter-American Commission on Human Rights, umHReport of the
Situation of Human Rights in Ecuador, 1997, c. 9: “The
Commission recommends that the State take whatever measures are
necessary to guarantee the lives and physical integrity of the
Tagaeri, and any Taromenane and Oñamenane who may survive in the
forest, such as the establishment of some form of legal protection
for the lands they inhabit, as their very extinction as peoples is
at issue.”
- LIST OF
AUTHORITIES
-
-
-
International instruments, studies, etc.
-
-
-
-
Additional Protocol to the American Convention on Human Rights in
the Area of Economic, Social and Cultural Rights,
"Protocol of San Salvador," O.A.S. Treaty Series No. 69 (1988),
entered into force November 16, 1999, reprinted in Basic
Documents Pertaining to Human Rights in the Inter-American System,
OEA/Ser.L/V/I.4 Rev.9 at 73, 31 January 2003
-
- Agenda
21: Report of the United Nations Conference on Environment and
Development, Rio de Janeiro, 3-14 June 1992,
A/CONF.151/26 (vol. III), c. 26 (Recognizing and Strengthening the
Role of Indigenous People and Their Communities)
-
- American
Convention on Human Rights,
O.A.S.Treaty Series No. 36, 1144 U.N.T.S. 123 entered into force
July 18, 1978, reprinted in Basic Documents Pertaining to Human
Rights in the Inter-American System, OEA/Ser.L/V/I.4 Rev.9 at
27, 31 January 2003
-
- American
Declaration on the Rights and Duties of Man,
O.A.S. Res. XXX, adopted by the Ninth International Conference of
American States (1948), reprinted in Basic Documents Pertaining
to Human Rights in the Inter-American System, OEA/Ser.L/V/I.4
Rev.9 at 17, 31 January 2003
-
- Committee on
Economic, Social and Cultural Rights, General Comment No. 14, The
right to the highest attainable standard of health, adopted 11
May 2000, 22nd sess., U.N. Doc. E/C.12/2000/4 (2000)
-
- Committee on
the Elimination of Racial Discrimination, General Recommendation
XXIII (51) concerning Indigenous Peoples,
CERD/C/51/Misc.13/Rev.4, (adopted at the Committee’s 1235th
meeting on 18 August 1997)
-
-
Convention on Access to Information, Public Participation and Access
to Justice in Environmental Matters,
U.N. Economic Commission for Europe, adopted on 25 June 1998,
Åarhus, Denmark, entered into force on 30 October 2001, reprinted
in 38 I.L.M. 515 (1999)
-
-
Convention on the Rights of the Child,
U.N. GAOR, 44th Sess., Supp. No. 49, at 166, U.N. Doc.
A/RES/44/49 (1990), adopted by the General Assembly in resolution
44/25 of 20 November 1989 and entering into force on 2 September
1990
-
-
Declaration of Machu Picchu on Democracy, the Rights of Indigenous
Peoples and the Fight Against Poverty,
Lima – Machu Picchu, July 28-29, 2001, adopted by the Presidents of
the member states of the Andean Community (Bolivia, Columbia,
Ecuador, Peru, and Venezuela). Reprinted in OEA/Ser.K/XVI,
GT/DADIN/doc.34/01, 29 October 2001
-
-
Declaration of Principles of International Cultural Cooperation,
proclaimed by the General Conference of the United Nations
Educational, Scientific and Cultural Organization, fourteenth
session, 4 November 1966
-
- “Declaration
of Principles on Freedom of Expression”, approved by the
Inter-American Commission on Human Rights during its 108th regular
session
-
-
Declaration of the Indigenous Peoples Summit of the Americas,
adopted by representatives of Indigenous peoples, nations and
organizations from the North, Central and South Americas and the
Caribbean meeting in Ottawa, Canada, March 31, 2001
-
-
Declaration on Fundamental Principles concerning the Contribution of
the Mass Media to Strengthening Peace and International
Understanding, to the Promotion of Human Rights and to Countering
Racialism, Apartheid and Incitement to War,
proclaimed by the General Conference of the United Nations
Educational, Scientific and Cultural Organization at its twentieth
session in Paris, on 28 November 1978
-
-
Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms,
U.N.G.A. Res. 53/144, U.N. Doc. A/RES/53/144, 8 March 1999, Annex
-
- “Draft
Principles on Human Rights and the Environment” in U.N.
Sub-Commission on Prevention of Discrimination and Protection of
Minorities, Review of further developments in fields with which
the Sub-Commission has been concerned, Human Rights and the
Environment: Final report prepared by Mrs. Fatma Zohra Ksentini,
Special Rapporteur, U.N. Doc. E/CN.4/Sub.2/1994/9, 6 July 1994,
Annex I
-
- Geneva
Declaration on the Health and Survival of Indigenous Peoples,
adopted at the International Consultation on the Health of
Indigenous Peoples, organized by the World Health Organization,
Geneva, 23-26 November 1999
-
-
Indigenous and Tribal Peoples Convention, 1989,
I.L.O. Convention No. 169, I.L.O., 76th Sess., reprinted in
(1989) 28 I.L.M. 1382
-
-
Inter-American Commission on Human Rights, umHReport of the
Situation of Human Rights in Ecuador, OEA/Ser.L/V/II.96, Doc. 10
rev. 1, 24 April 1997
-
-
Inter-American Democratic Charter,
adopted by acclamation by the Hemisphere’s Foreign Ministers and
signed by the 34 countries of the Americas at the 28th
special session of the OAS General Assembly, Lima, Peru, September
11, 2001
-
-
International Covenant on Civil and Political Rights,
G.A. Res 2200 (XXI), 21 U.N. GAOR, Supp. (No. 16) at 52, U.N. Doc.
A/6316, Can. T.S. 1976 No. 47 (1966). Adopted by the U.N. General
Assembly on December 16, 1966 and entered into force March 23, 1976
-
-
International Covenant on Economic, Social and Cultural Rights,
G.A. Res. 2200 (XXI), 21 U.N. GAOR, Supp. (No. 16) at 49, U.N. Doc.
A/6316 (1966); Can. T.S. 1976 No. 46 (entered into force 3 January
1976, accession by Canada 19 May 1976)
-
-
International Olympic Committee, Olympic Charter, in force 29
November 2002
-
- Kimberley
Declaration,
International Indigenous Peoples Summit on Sustainable Development,
Khoi-San Territory, Kimberley, South Africa, 20-23 August 2002
-
- E.G. Krug,
et al., eds., World Report on Violence and Health
(Geneva: World Health Organization, 2002)
-
- "Principles
and Guidelines for the Protection of the Heritage of Indigenous
People", in U.N. Sub-Commission on the Promotion and Protection of
Human Rights, Report of the seminar on the draft principles and
guidelines for the protection of the heritage of indigenous people
(Geneva, 28 February - 1 March 2000), U.N. Doc.
E/CN.4/Sub.2/2000/26, 19 June 2000 (Chairperson-Rapporteur: Ms.
Erica-Irene Daes), Annex I
-
- Proposed
American Declaration on the Rights of Indigenous Peoples,
OEA/Ser/L/ V/.II.95, Doc. 6, 26 February 1997 (approved by the
Inter-American Commission on Human Rights on February 26, 1997, at
its 95th regular session, 1333rd meeting)
-
- Report on
the United Nations Seminar on the effects of racism and racial
discrimination on the social and economic relations between
indigenous peoples and States, Geneva, Switzerland,
16-20 January 1989, U.N. Doc. E/CN.4/1989/22, 8 February 1989
-
- Rio
Declaration on Environment and Development,
U.N. Doc. A/Conf. 151/5/Rev. 1, June 13, 1992, 31 I.L.M. 874 (1992)
-
- U.N.
Commission on Human Rights, Adverse effects of the illicit
movement and dumping of toxic and dangerous products and wastes on
the enjoyment of human rights: Report submitted by Ms. Fatma-Zohra
Ouhachi-Vesely, submitted pursuant to Commission resolution 2002/27,
Addendum: Mission to Canada (17-30 October 2002),
E/CN.4/2003/56/Add.2, 14 January 2003
-
- United
Nations Declaration on the Rights of Indigenous Peoples
(Draft), in U.N. Doc. E/CN.4/1995/2; E/CN.4/Sub.2/1994/56, 28
October 1994, at 105-115, reprinted in (1995) 34 I.L.M. 541
-
- United
Nations Development Program, Human Development Report 2000
(Oxford: Oxford University Press, 2000)
-
- U.N.
Sub-Commission on Prevention of Discrimination and Protection of
Minorities, Review of further developments in fields with which
the Sub-Commission has been concerned, Human Rights and the
Environment: Final report prepared by Mrs. Fatma Zohra Ksentini,
Special Rapporteur, U.N. Doc. E/CN.4/Sub.2/1994/9, 6 July 1994
-
- U.N.
Sub-Commission on Prevention of Discrimination and Protection of
Minorities, Study of the Problem of Discrimination Against
Indigenous Populations: Vol. V, Conclusions, Proposals and
Recommendations, U.N. Doc. E/CN.4/Sub.2/1986/7/Add. 4 (1986) (J.
Martínez Cobo, Special Rapporteur)
-
- Working
Group to Prepare the Draft American Declaration on the Rights of
Indigenous Peoples, Draft American Declaration on the Rights of
Indigenous Peoples – Working Document Comparing the Original Draft
of the Inter-American Commission on Human Rights, Proposals by
States and by the Indigenous Representatives, as well as the
Proposed Draft by the Chair of the Working Group to Prepare the
Draft American Declaration on the Rights of Indigenous Peoples,
OEA/Ser.K/XVI, GT/DADIN/doc.53.02, 9 January 2002
-
- World
Conference on Sustainable Development, Johannesburg Declaration
on Sustainable Development, adopted 4 September 2003,
Johannesburg, South Africa
-
- World
Conference on Sustainable Development, Plan of Implementation,
adopted 5 September 2002, Johannesburg, South Africa
-
-
- Books,
articles, speeches, etc.
-
-
- A. Korten &
H.Huertas Gonzalez, Changing the Power Equation: Case Studies of
Indigenous Leadership in Panama’s Darien Gap (Panama, Panama:
Center for Popular Legal Assistance, 2002)
-
- National
Congress of American Indians, “The State of Indian Nations Today:
Mapping a Course for the Next Seven Generations”, presentation by
Tex Hall, President, Washington, D.C., January 31, 2003
-
- T. Simpson,
Indigenous Heritage and Self-Determination: The Cultural and
Intellectual Property Rights of Indigenous Peoples, Document No.
86 (Copenhagen: IWGIA, 1997)
-
-
- Cases
-
-
- I/A Court
H.R., Mayagna (Sumo) Awas Tingni Community v. Nicaragua,
Judgment of August 31, 2001, Ser. C No. 76 (2001)