And now:Ish <[EMAIL PROTECTED]> writes:
Subject: Ambassador Dr. Ted Moses / Grand Council of the Crees (Eeyou
Astchee) on Self-Determination Article 3
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Commission on Human Rights
Working Group on the Declaration on the Rights of Indigenous Peoples
Statement by Ambassador Dr. Ted Moses
Grand Council of the Crees (Eeyou Astchee) December 8, 1998
Article 3 confirms that indigenous peoples have the right of
self-determination.
Indigenous peoples have stressed over and over again that the right of
self-determination is a fundamental element of the Declaration on the
Rights of Indigenous Peoples, an element that predicates the meaning of all
of its articles.
We have also pointed out that the history of rights abuses against
indigenous peoples is functionally linked to the denial of our right to
self-determination. Thus, if we are to have any hope of protecting our
human rights and preventing discrimination against indigenous peoples, the
right of self-determination stands as the foundation of that hope.
When we refer to the rights of peoples, we are discussing rights held
collectively.
Having said this, why is it that certain states decline to use the proper
term, "peoples", in respect to the Declaration on the Rights of Indigenous
Peoples?
We have been told explicitly that the reason is this: That certain States
hold the position that the recognition of our status as "peoples" would
place us within the existing international human rights instruments which
make use of this term-for example, the Charter. They have explained that
if we are recognized as "peoples" we would enjoy the protections set out in
those instruments.
They have explained peoples" are intentionally denying our
status as peoples, in order to preclude the rights which flow from that
status.
In international law, to deny one's status so as to deny the rights which
accord to that status, is a prohibited form of discrimination. To practice
this kind of discrimination on the basis of race or group identity, is
known as racial discrimination-another prohibited practice. It would be
particularly abhorrent for the UN to practice this kind of discrimination
while we are celebrating the 50th anniversary of the Universal Declaration
of Human Rights.
The right of self-determination is already thoroughly qualified in the
existing international instruments. The territorial integrity of States is
already well protected. It would be discriminatory to place special
restrictions on the meaning of this right as it applies to indigenous
peoples, which do not apply equally to all peoples.
Mr. Chairman, allow me to draw attention to the report of the U.N.
Committee in Economic, Social and Cultural Rights in consideration of
report submitted by state parties in this case the Government of Canada,
under article 16 and 17 of the Covenant.
This report demonstrates the connection between land rights and subsistence
which follows from the right of self-determination in article three of the
draft declaration.
With your indulgence Mr. Chairman allow me to refer to certain observations
or conclusions of the of the UN Committee on Economic, Social, and Cultural
Rights which are relevant to our work.
I quote the following from the U.N. Committee report:
"7. The Committee notes that in recognition of the serious issues affecting
Aboriginal Peoples in Canada, the Government appointed the Royal Commission
on Aboriginal Peoples (RCAP), which released a wide-ranging report in 1996
addressing many of the rights enshrined in the Covenant.
15. The Committee is deeply concerned to received information that
provincial courts in Canada have routinely opted for an interpretation
which excluded of Covenant rights. There has
been little or no progress in the alleviation of social and economic
deprivation among Aboriginal people. In particular, the Committee is
deeply concerned at the shortage of adequate housing, the endemic mass
unemployment and the high rate of suicide, especially among youth in the
Aboriginal communities. Another concern is the failure to provide safe and
adequate drinking water to Aboriginal communities on reserves. The
delegation of the State Party conceded that almost a quarter of Aboriginal
household dwellings require major repairs for lack of basic amenities.
18. The Committee views with concern the direct connection between
Aboriginal economic marginalization and the ongoing dispossession of
Aboriginal people from their lands, as recognized by the RCAP, and endorses
the recommendations of the RCAP that policies which violate Aboriginal
treaty obligations and extinguishment, conversion or giving up of
Aboriginal rights and title should on no account be pursued by the State
Party. Certainty of treaty relations alone cannot justify such policies.
The Committee is greatly concerned that the recommendations of the RCAP
have not yet been implemented in spite of the urgency of the situation."
The right of self-determination has been linked by those States that oppose
its recognition to the concept of secession. More realistically it should
be linked to the other rights that flow by virtue of the right of
self-determination-ownership and control over natural
resource
upon changes to the text have the
burden of demonstrating that those changes are truly necessary. Let us
hear those arguments. But do not ignore the arguments that have already
been made. And do not set the false test for the success of this meeting
in the need to gain consensus on changes to the Declaration that are not
based on well-conceived, cogent and logical arguments.
Thank you.
____________________________________________________
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