THE UNITED NATIONS DECLARATION |
The Ecospirituality Foundation has participated in the layout of the Declaration, completed last June after years of work and discussion within the Working Group on Indigenous Populations of Geneva and the Forum on Indigenous Issues in New York. |
New York, 13 September 2007
Marking an historic achievement for the more than 370 million indigenous peoples worldwide, the General Assembly today adopted the Declaration on the Rights of Indigenous Peoples, the result of more than two decades of consultation and dialogue among governments and indigenous peoples from all regions.
For more information on the Declaration on the Rights of Indigenous Peoples, |
Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, |
Article 1
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November 14th, 2006 Dear Colleagues and Friends,
Please find attached two documents on why the UN Declaration on Indigenous Peoples should be adopted by the member-states of the GA. As you may know the Third Committee of the General Assembly is meeting now to discuss the adoption of the Declaration. while it is clear that the US, Australia, Canada, New Zealand and Russia are against its adoption, many othe states are for it. Warm regards
Vicky Tauli-Corpuz 61st session United Nations, New York November 12th, 2006
Human Rights Response:
1 - Declaration based on core international principles and values. The Declaration is based on core international principles and values that embrace tolerance, peace and respect for the dignity of all cultures and peoples. In particular, the Declaration is described as a "standard of achievement to be pursued in a spirit of partnership and mutual respect".
2 - Human rights of all must be respected. Human rights are generally relative in nature and not absolute. Consistent with the U.N. Charter, the Declaration specifically requires that the "human rights and freedoms of all shall be respected".
3 - Provisions must be read in overall context. Each provision of the Declaration cannot be read in isolation, but rather interpreted in the context of the instrument as a whole. To do otherwise, would lead to extremist and absolute interpretations that could not be justified under the Declaration or international human rights law as a whole. Regretfully, the CANZUS group - Canada, Australia, New Zealand and United States - continues to interpret the Declaration in this fragmented and erroneous manner.
4 - No new rights created. The Declaration does not create new rights. It elaborates upon existing international human rights standards as they apply to Indigenous peoples.
5 - Rule of law and other core international principles always considered. Every provision of the Declaration must be "interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith." This allows for both flexibility and balance. The reference to "good governance" ensures that the rule of law within States is fully considered in every instance without exception. As an aspirational instrument, the Declaration does not upend the rule of law domestically or internationally.
6 - Broader agreement not possible. As the Chair of the intersessional Working Group on the Declaration has concluded, along with many States, additional time will not lead to any broader agreement. This is in large part because of the obstructionist role repeatedly played by United States, Australia and New Zealand during the Working Group.
7 - Re-opening negotiations likely to kill the Declaration. Re-opening negotiations on the Declaration is certain to create serious new divisions and prevent its adoption by the General Assembly. Such an extreme step would be unconscionable.
8 - Harmonious and cooperative relations encouraged. The Declaration explicitly encourages "harmonious and cooperative relations" between States and Indigenous peoples. Nine preambular paragraphs and 15 operative articles specify consultations, cooperation or partnership between Indigenous peoples and States.
9 - Over 20 years of discussion. There have already been more than 20 years of discussions on the Declaration among States and Indigenous peoples in U.N. Working groups. This makes the Declaration one of the most discussed and studied declarations in U.N. history. All revisions by the Chair were based on prior discussions.
10 - Any "procedural" resolution for delay would be highly detrimental. It is shocking and disturbing that there could be an amendment or resolution to re-open negotiations on the Declaration. Such a proposal is not procedural since it could destroy the Declaration.
11 - Misleading strategy already attempted at Human Rights Council. Last June, Canada tried and failed with a similar strategy at the first meeting of the Council. In its Statement on June 27, 2006, Canada quoted its Minister of Indian Affairs as saying issues could be resolved by all parties "in a few more months". This claim was knowingly false and misleading. Just the day before, Canada's Prime Minister Stephen Harper indicated in writing the need for a "two-year negotiation mandate".
12 - CANZUS group of States politicizing rights in the Declaration. Based on their own domestic agendas, a few Western States are actively encouraging other States to delay the adoption of the Declaration under the guise of seeking "improvements". In so doing, the CANZUS group is continuing to politicize Indigenous peoples' human rights. Such actions severely undermine the Council and current U.N. reforms.
13 - For the past 8 months CANZUS group has avoided all consultations with Indigenous peoples. The CANZUS group already had the past eight months to consult with Indigenous peoples within their own respective countries on any State concerns with the Declaration. Yet none of these States engaged in any consultations with Indigenous peoples. None of these States genuinely seek to "improve" the Declaration.
14 - Canada violating its constitutional and international obligations. Despite its constitutional obligations to consult Indigenous peoples, Canada has opted to vigorously and unilaterally oppose the Declaration through procedural and other strategies during the past eight months. As a Human Rights Council member, Canada is failing to "uphold the highest standards in the promotion and protection of human rights … [and] fully cooperate with the Council", as required by the General Assembly.
15 - Essential for survival, dignity and well-being of Indigenous peoples. The Declaration promotes equality and non-discrimination for all. The Declaration is essential for the survival, dignity and well-being of the Indigenous peoples of the world.
16 - Strengthens international human rights system. Adoption of the Declaration by the General Assembly supports the vital work of the Human Rights Council and strengthens the international human rights system as a whole.
Issued by the Indigenous Peoples' Caucus - November 12, 2006
OF INDIGENOUS PEOPLES SUPPORT THE DECLARATION
1 - The Declaration on the Rights of Indigenous Peoples will be adopted by the General Assembly during this session. Consistent with the promotion and protection of human rights for all, it is in best interest of all States to support the adoption of this historic Declaration.
2 - For more than 20 years the provisions of the Declaration were discussed in depth by Member States, Indigenous Peoples, and other parties. No other United Nations document has ever been elaborated with such full and democratic participation of all parties concerned. As a result the Human Rights Council adopted the Declaration at its first historic session on June 29, 2006.
3 - The Declaration affirms that Indigenous Peoples make a unique contribution to the diversity and richness of civilizations and cultures, which constitutes the common heritage of humankind. The Declaration promotes and enhances the plurality of societies. The 2005 World Summit Outcome document reaffirms the commitment of the international community to adopt a final text of the UN Declaration on the Rights of Indigenous Peoples as soon as possible.
4 - The Declaration is of utmost importance to combat discrimination against Indigenous Peoples created by more than five centuries of racism, marginalization and exclusion. The Declaration explicitly encourages harmonious and cooperative relations between States and Indigenous Peoples. Every provision of the Declaration will be interpreted consistent with the principles of justice, democracy, and respect for human rights, non-discrimination and good faith.
5 - The Declaration is a reaffirmation of the commitment of the international community to respect cultural diversity and the right to be different.
6 - The Declaration is based upon principles of partnership, consultation and cooperation between Indigenous Peoples and States. This is fully consistent with the theme of Second International Decade of the World's Indigenous Peoples "Partnership for Action and Dignity" adopted by the UN General Assembly in 2005.
7 - The Declaration is an aspirational human rights instrument of great value for all. It establishes a valuable framework for resolving issues and achieving the common objectives of the international community and the UN Charter.
8 - The Declaration does not create new rights. It elaborates upon existing international human rights standards and principles as they apply to Indigenous Peoples.
9 - The Declaration promotes equality and non-discrimination for all. The Declaration is essential for the survival, dignity and well-being of Indigenous Peoples of the world.
10 - The Declaration strengthens the international human rights system as a whole.
Issued by the Indigenous Peoples' Caucus - October 18, 2006
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