And now:Ish <[EMAIL PROTECTED]> writes: >From: [EMAIL PROTECTED] >X-Sender: [EMAIL PROTECTED] >Date: Sat, 5 Dec 1998 19:41:43 +0100 >To: [EMAIL PROTECTED] >Subject: N E T W A R R I O R S - 98 USDEL OPEN > >Commission on Human Rights Working Group on the Draft Declaration on the Rights of Indigenous People > >General Statement > >by Leslie A. Gerson, Deputy Assistant Secretary of State, U.S. Department of State, November 30, 1998 > >Thank you, Mr. Chairman. Mr. Chairman, my delegation congratulates you again on your selection as chairman of this important working group. We are confident that under your effective leadership the working group will make significant progress. We pledge you our cooperation and support. > >My government welcomes the opportunity to participate in working group's consideration of the "United Nations Draft Declaration on the Rights of Indigenous Peoples." It is exciting to be here as we anticipate the upcoming celebration of the 50th anniversary of the Universal Declaration on December 10. We have at this session an important opportunity to address an issue that has lagged behind others in the human rights standard setting process. The United States hopes that the ultimate adoption of a declaration will succeed in focusing attention on the need to protect indigenous rights, fight discrimination based on indigenous origin wherever it occurs, and foster appreciation for, and understanding of, the value of indigenous traditions, cultures, and institutions. > >At the outset of this session of the working group, my government would like to address several issues that we see as fundamental to the negotiating process. > >1. Process. A first point concerns the process itself. The new declaration should build upon, and be consistent with, the principles established in basic human rights instruments such as the Universal Declaration, the Covenants, and the 1992 Declaration on the Rights of Persons Belonging to Linguistic Minorities. > >Within this framework of existing principles, the focus should be to (1) affirm that persons belonging to indigenous groups are entitled to exercise fully and effectively their individual human rights and fundamental freedoms without any discrimination and in full equality under the law; (2) make clear their right to preserve and develop their identity and culture, free from threats of involuntary assimilation; and (3) describe steps governments should take to advance these ends. > >In large measure the draft declaration meets these objectives. But it also includes much that is not a reasonable evolution from existing human rights law. For example, it should not be necessary to convert aspirations or objectives into "rights" in order to draw attention to them. Rather, the term "rights" should be reserved in the declaration for those duties that governments owe their people, under international human rights law. > >2. Universality. Another important topic of discussion that we would hope the working group would address at this session concerns the scope of application of the declaration. Although the draft declaration refers consistently to the term "indigenous peoples" it does not define it. In principle, it would seem important to have a universally-accepted definition of indigenous to ensure that the instrument gives rise to identifiable and practicable rights and obligations. > > >It should go without saying that these rights are universal. My delegation has been concerned by statements from regional groups that have suggested the need for a definition of the indigenous which would exclude their own groups of indigenous people. Such insistence on a narrow definition would in our view de-rail the process altogether. > >In this regard, we do not believe that the focus of the declaration should be the privileging of historically prior inhabitants. We believe that it will be necessary to focus upon alternative justifications, such as identification as a distinct ethnic group through objective characteristics such as language, culture, race, or religion, long connection with a particular territory, socioeconomic and sociocultural differences from the dominant national population and a desire to retain a distinct identity. My Government is committed to working with other governments to ensure a strong and useful declaration that recognizes the rights of all indigenous people, and the communities to which they belong. > >3. Local Realities. A third principle underlying the drafting process concerns respect for local realities. At the end of the day, the Declaration's influence will be directly related to its ability to enlist the support of key states-notably those with significant indigenous populations. As the text now reads, a number of its formulations will discourage, not encourage, such support. One way to help ensure that the declaration would receive broad international support would be to include, in the context of the principle of universality, a provision in the declaration recognizing that different governments and indigenous populations may take local realities into account when applying the draft declaration. > >4. Autonomy. A fourth principle underlying the negotiating process concerns self-determination. As the U.S. has made clear in several of its statements, we do not believe that international law accords indigenous groups everywhere the right of self-determination--which has been interpreted to include the right to separate or secede from the rest of society. It would be unacceptable from a policy perspective and impossible as a practical matter. We believe, however, that states should be encouraged to consider a broad range of autonomy for indigenous groups to manage their local and internal affairs, including economic, social and cultural matters. > >5. Individual Rights. A final negotiating principle for the United States concerns the overall importance of individual rights. Since international law, with few exceptions, promotes and protects the rights of individuals, as opposed to groups, is is confusing to state that international law accords certain rights to "indigenous peoples" as such. > >International instruments generally speak of individual, not collective, rights. For example, the 1993 World Conference on Human Rights affirmed that the human person is the central subject of human rights and fundamental freedoms. Of course, individuals may and often will exercise their rights in community with others. The United States recognizes that in certain cases, it may be entirely appropriate or necessary to refer to indigenous communities or groups, in order to reinforce their individual and civil political rights on the basis of full equality and non-discrimination. Article 27 of the ICCPR similarly provides that "persons belonging to minorities shall not be denied the right, in community with other members of their group, to enjoy their own culture, to profess, and practice their own religion, or to use their own language." Making clear that the rights guaranteed are those of individuals prevents governments or groups from violating or interfering with individual rights in the name of the greater good of the group or state. > > >For these reasons, the United States Government urges the Working Group to follow the approach taken by the declaration on the rights of persons belonging to National or Ethnic Religious and Linguistic minorities, which refers throughout to "persons belonging to minorities" rather than "minorities", and provides in Article 3 (1) that "Persons belonging to minorities may exercise their rights, including those as set forth in this declaration, individually as well as in community with other members of their group, without any discrimination." >Dedication to Solidarity >< Calling for World Action > >>>>>>>>>>> NetWarriors <<<<<<<<<<< > http://hookele.com/netwarriors > Peace without Truth is Genocide > Una Paz sin la Verdad es Genocidio > La paix sans la verite est Genocide > >>>>>><<<<<<< > Subscribe to WarriorNET > A discussion listserve dedicated to > Indigenous Solidarity > > SUBSCRIBE? 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