Summary
of Declaration of the Indigenous Peoples Summit of the Americas
The representatives of
Indigenous Peoples, nations and organizations from North,
Central and South America and the Caribbean passed the Declaration
of the Indigenous Peoples Summit of the Americas on March
31, 2001 through Resolution IPSA 01/31-03-01.
In preparing the Declaration,
a working group was established at the Indigenous Peoples
Summit of the Americas (IPSA). The working group, which consisted
of two representatives from North, Central, and South America,
drafted the Declaration in accordance with a document entitled
Towards a Principled Framework A Discussion Document which
addresses corporate social responsibility, protecting Indigenous
intellectual property, and free trade area of the Americas
and hemispheric economic integration. After drafting the Declaration,
the working group presented it to the Assembly. Comments from
the floor were integrated into the final version of the Declaration.
The IPSA Declaration of
the Rights of Indigenous Peoples will be presented to the
leaders of the Organization of American States (OAS) in April
2001 in Quebec City, Quebec Canada. National Chief Matthew
Coon Come, of the Assembly of First Nations, will attend the
OAS Summit and Canada's Prime Minister, Jean Chretien, has
committed to passing on the Declaration to the 34 hemispheric
leaders.
It should be noted that
the term Indigenous Peoples is used in keeping with the UN
Declaration on the Rights of Indigenous Peoples. The plural
use of the term 'peoples' denotes the fact that Indigenous
peoples are distinct nations and not minority groups in their
own lands.
The Declaration addresses
12 broad issues, which are summarized below.
1. Basic Human Rights
and Fundamental Freedoms of Indigenous Peoples á Calls for
a recognition of the rights of Indigenous peoples to self-determination
over lands and resources, government, intellectual property,
histories, and laws as recognized in international law á Demands
the respect for Indigenous peoples' human rights and safety
from prosecution and acts of genocide á Calls for meaningful
consultation and participation in domestic, regional and international
institutions and processes
2. United Nations Declaration
on the Rights of Indigenous Peoples á Emphasizes that the
rights detailed in the UN Declaration constitute the minimum
standards for the survival, dignity and well-being of Indigenous
peoples á Urges for the immediate adoption of the UN Declaration
by the UN General Assembly
3. Proposed American Declaration
on the Rights of Indigenous Peoples á Stipulates that the
standards of the Proposed American Declaration on the Rights
of Indigenous Peoples are not less than those in the UN Declaration
on the Rights of Indigenous Peoples á Requests that the passage
of the Proposed Declaration involve full and informed consent
by Indigenous Peoples of the Americas
4. Necessary Principles
for Trade á Reminds that free trade is inseparable from principles
of democracy and respect for human rights á Stipulates that
respect for the environment is of paramount importance á Deems
that development must be sustainable and respect the rights
of Indigenous Peoples to their lands á Calls for full, fair,
adequate and effective participation at all stages of free
trade processes á Demands that a strategy for utilization
of Indigenous expertise be developed in all related contracts
á Specifies that Indigenous women participate fully, actively
and effectively in all aspects of trade and development
5. Reforms Within the
Organization of American States (OAS) á Reminds that the central
purpose of the OAS must be to promote and protect human rights
of all peoples without discrimination á Recalls that the OAS
is responsible for ensuring that the status and human rights
of Indigenous Peoples are advanced consistently with international
law, that a forum be developed through which Indigenous Peoples
can advance their rights at the OAS, that the Inter-American
Commission on Human Rights and Inter-American Court on Human
Rights are adequately resourced such that they can effectively
promote and protect human rights and the conservation and
protection of the environment, including Indigenous lands,
territories and resources á Demands that the Inter-American
Indian Institute be restructured so it is consistent with
the concerns and proposals of Indigenous Peoples á Calls for
the establishment of a Permanent Forum of Indigenous Peoples
at the OAS
6. World Conference Against
Racism, Racial Discrimination, Xenophobia and Related Intolerance
(WCAR) á Asserts that Indigenous Peoples have experienced
discrimination within the WCAR and have been denied full and
effective participation within the WCAR process á Stipulates
that the WCAR Declaration and Programme of Action be formulated
with the full participation of Indigenous Peoples and include
sufficient detail of Indigenous concerns and recommended actions
7. International Labor
Organization Convention #169 on Indigenous and Tribal Peoples,
1989 á Insists that members of the OAS that have ratified
ILO Convention #169 comply with it and fully implement it
á Urges that member states that have not ratified it must
do so á Insists that the Convention be continually improved
without prejudice to national and international measures,
which may exceed the standards set out in this Convention
8. Eradicating Impoverishment
á Insists that the eradication of the extreme poverty experienced
by the Indigenous Peoples of the Americas be a priority of
the OAS á Calls for the development of a Plan of Action for
eradicating poverty in cooperation with Indigenous Peoples
9. United Nations Permanent
Forum on Indigenous Issues á Recommends that the members of
the OAS support the Permanent Forum and ensure it is adequately
financed with broad powers and a far-reaching mandate.
10. Protection of Indigenous
Intellectual Property, Culture and Heritage á Recognizes Indigenous
cultures are under threat, with Indigenous women's knowledge
under particular threat á Reminds that Indigenous knowledge
is integrally connected to the land and therefore Indigenous
peoples must have control over their lands and its resources
á Asserts that Indigenous peoples are the exclusive owners
of their intellectual property, traditional knowledge and
cultures á Demands that if Indigenous knowledge/traditions
are used, it should be with the full consent of the Indigenous
Peoples á Insists that the intellectual property of Indigenous
Peoples is collective, inalienable and intergenerational á
Demands that the intellectual property rights of Indigenous
Peoples, as recognized in the Convention on Biological Diversity,
must be respected and implemented and Indigenous Peoples must
have full, direct and effective participation in the Working
Group on the implementation of Article 8(j) of this Convention
11. Treaties and Agreements
á Demands that OAS member states must renounce their discriminatory
legal doctrines and attitudes concerning treaties, take corrective
actions, and recognize the nation-to-nation status of the
treaties á Calls for the implementation of the recommendations
of the UN Study on Treaties, Agreements and Other Constructive
Arrangements
12. Coordination and Cooperation
Among Indigenous Peoples, Nations and Organizations á Affirms
that the intent of Indigenous Peoples is to strengthen the
relationship between Indigenous Peoples, Nations and Organizations
in the Americas and to work in unity to ensure our rights
are protected
Prepared By: Lori Ann
Roness, Thunder Bay, Ontario, Canada
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