links about us archives search home
SustainabiliTankSustainabilitank menu graphic
SustainabiliTank
Languages:
English flagItalian flagGerman flagSpanish flagFrench flagPortuguese flagJapanese flagKorean flagChinese flagArabic flagRussian flag

Reporting from the UN Headquarters in New YorkReporting from Washington DCReporting from UNFCCC Meetings
Other UN CitiesThe US StatesThe New Climate
Global Warming issuesPolicy Lessons from Mad Cow DiseaseUN Commission on Sustainable Development
 

Posted on Sustainabilitank.info on April 29th, 2008
by Pincas Jawetz (PJ@SustainabiliTank.com)

The first attempt of indigenous peoples to reach out to the international community started as early as 1923 with the attempt of Chief Deskaheh, the speaker of the Council of the Iroquois Confederacy, to get the League of Nations to address the Iroquois dispute with Canada. Similarly, in 1925, W.T. Ratana, a Maori leader, tried to bring up violations of the Waitangi Treaty by New Zealand. Those unsuccessful attempts established nevertheless that indigenous peoples are subjects of international law.

With the establishment of the UN and the fact that human law became a centerpiece of tis institution gave further justification for the opening up of a window for indigenous peoples. First this was done by the ILO that on June 26, 1957 adopted Convention No.107 that concerns the “protection and integration” of “Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries.” Then in 1989 proceeded in ILO Convention No. 169 to recognize that the problem is actually beyond simple human rights and it is a question of Peoples Discrimination

In 1971, The UN ECOSOC directed the Sub Commission on the Prevention of Discrimination and Protection of Minorities to undertake a study on the “Problems of Discrimination Against Indigenous Populations,” and the Rapporteur  - Mr. Martinez Cobo - came up with a series of partial reports 1981-83 and a final report in 1986 that became the principal reference document on Indigenous peoples that was then picked up September 20-23, 1977 by the NGO Subcommittee on Racism, Racial Discrimination, Apartheid, and Decolonization at an International Conference at the Palais des Nations in Geneva. As I was there, I can testify that it was a very unusual event. There were about 400 delegates present that included about 100 from about 60 indigenous nations dressed in their regalia. People were jokingly saying saying that thee were present birds of feather from at least 15 countries of the Americas. There were also present official observers from 38 UN Member States. The final recommendation was actually a return to the Martinez Cobo recommendation to establish a UN body to address the violations of indigenous peoples’ rights.

The UN Working Group on Indigenous Populations (UN-WGIP) was established in 1982 and held yearly sessions till 2006. It started with 5 non-indigenous experts and grew to include 600 indigenous participants. The Work was towards the writing of a “UN Declaration on the Rights of Indigenous Peoples” as a compliment to the UN Declaration on Human Rights. This - as it became clear that the cultural and other rights of the Indigenous as a group - go beyond their rights as individual human beings.

To cut the story short - it took from 1977 till 2007 - that is thirty years - to see finally the UN adopt on September 13, 2007, in the last days of the 61st Session of the UN General Assembly, this document - titled “The UN Declaration on Rights of Indigenous Peoples.” This Document is now a pillar for the ECOSOC Permanent Forum on Indigenous Issues. In effect that Forum was established well ahead of the adoption of the Declaration - and these days - April 21, 2008 - May 2, 2008, the Forum is already in its 7th Session; it is obviously strengthened by being in first session since the adoption of the Declaration.

It is our intention to attach some of the most important articles from the Declaration:

ip002.gif

ip003.gif

ip004.gif

Leave a comment for this article

###