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Delivered-To: [EMAIL PROTECTED]
Date: Wed, 01 Dec 2004 02:36:01 +0100
From: Joshua Cooper <[EMAIL PROTECTED]>
Subject: Fwd: Aloha Article Two
Here is summary of today but so much more to say...
<snip>
On the second day of the UN meeting, indigenous peoples were mobilizing
on various avenues of advocacy to guarantee the protection and
promotion of indigenous rights in international law through the
adoption of the declaration.
The main meeting opened with a statement by the indigenous peoples
participating in the hunger strike and spiritual fast to explain the
connection between the peaceful protest and the right to land,
territories and natural resources. The morning session continued with
indigenous peoples providing passible language to guarantee the rights
to defend against the current challenges in the homelands of indigenous
peoples. Governments rarely offered their views or new positions to
show an understanding of compromise toward reaching consensus in this
final meeting. In fact on one of the articles in the land section of
the declaration, not a single government initially raised its hand to
participate. Upon statements by indigenous peoples, some governments
reiterated their proposals explaining their concerns. Indigenous
peoples overwhelmingly also supported the original language adopted by
the United Nations Sub-Commission a decade ago that represents a
minimum standard for indigenous peoples.
The morning session reviewed the discussion from Monday on articles 25
and 26 while allowing forty minutes for each of the following articles
27, 28 and 30 in the land, territories and natural resources section of
the UN declaration on the rights of indigenous peoples.
Indigenous peoples stressed consistently the holistic relationship
between the earth and the respective indigenous communities referring
to a kinship relationship of parent and mother, not a parcel that can
be bought and sold for material gain. Governments grappled with
language that could reflect this cosmology and also provide security
often proposing language that violates the fundamental freedom of
indigenous peoples and weakens the original text of the UN declaration.
During the afternoon, the chair proposed meetings on the main articles
being discussed in this final session focusing on self-determination
and lands, territories and natural resources in smaller conference
rooms. In the facilitated sessions, the chairs consisted of an
indigenous leader and a government delegate. This innovation is a
living example of the spirit of the decade of a partnership for peace
and reconcilliation. Mililani Trask and Wayne Lord, both UN Permanent
Forum on Indigenous Issues members, chaired the self-determination
session taking place from 2 p.m. - 4 p.m. The main proposals raised by
the states focused on proposals of the Russian federation proposing
language that makes self-determination subject to national
constitutions and domestic laws and the United States focusing on an
internal and external self-determination. Indigenous representatives
focused on a proposal from Dalee Sambo from the Inuit Circumpolar
Conference that balances the states fear of territorial integrity and
the indigenous peoples realization of self-determination as recognized
in public international law. Canada played a positive role supporting
and calling for states to support this proposal. Mililani Trask also
encouraged states to review the Conference on Security and Cooperation
in Europe Final Document and its wording on equality and self-
determination from 1975 as a possibility for consensus.
In the second meeting, there was a continuation of the morning
discussion on lands, territories and natural resources with little
improvement in the possible proposals for consensus. Canada once again
encouraged state to work in a spirit of cooperation for consensus
explaining the reasons for supporting the indigenous proposals.
Meanwhile, indigenous peoples through various regional and specific
task groups met with UN Commmission on Human Rights officials, High
Commissioner for Human Rights legal officers, government diplomats and
NGO allies.
The Hunger Strike and Spiritual Fast participants met with the
leadership of the UN Commission on Human Rights where the plight of
indigenous peoples will be discussed at the next meeting of the 53
member body. The vice president after meeting with the indigenous
participants recognized the reasons for the peaceful protest and
promised to remember the points raised around the lack of indigenous
peoples language being adopted in the articles and the opposition to a
chairman's consolidated text that doesn't originate from the voice of
indigenous peoples.
Another important group of meetings took place among regional
representatives of indigenous peoples to begin the process of
assembling a possible list of articles that indigenous peoples believe
can be adopted and are close to the statements of the core of states
dedicated to the diplomatic success of the meeting that would guarantee
basic rights for indigenous peoples. A small group of governments were
also initiating a dialogue to create a list of articles that
governments would want adoption on to illustrate the progressive
realization of consensus being promoted between states and indigenous
peoples. The lists of both government and indigenous peoples range
between a dozen and two dozen of preliminary paragraphs and operative
articles. There is also a list from the chairman to consider and
indigenous peoples regional caucus will review the various lists
throughout the evening and early morning meetings. These meetings are
still in the preliminary stages but an important development to follow
in the remaining part of the week.
Indigneous peoples remain vigilant in their nonviolent struggle for
self-determination through diplomacy and direct action. The indigenous
representatives in Geneva continue to receive global support through
communications that understand that the declaration is a significant
step toward peaceful coexistence among the cultures of the world based
on the rule of law rooted in equality and justice.
In the remaining three days, there will be many more dialogues and
possible direct action to secure the protection and promotion of the
human rights of indigenous peoples.
Joshua Cooper
UNPO Senior Advisor
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