http://www.ipsnews.net/news.asp?idnews=39258


RIGHTS: Native Peoples Score Historic Political Victory
By Haider Rizvi

      Credit:UN Photo/Ryan Brown 

      Delegates at the opening of the sixth session of the Permanent Forum on 
Indigenous Issues at UN Headquarters in New York.  

UNITED NATIONS, Sep 13 (IPS) - After 22 years of long and cumbersome 
negotiations, leaders of the world's 370 million indigenous people have won a 
powerful symbolic victory in their fight for recognition of the right to 
self-determination and control over their land and resources.

On Thursday, an overwhelming majority of the 192-member U.N. General Assembly 
said "yes" to a resolution calling for the adoption of the Universal 
Declaration on the Rights of Indigenous Peoples. 

"It's a triumph for indigenous peoples around the world," said U.N. 
Secretary-General Ban Ki-moon after the General Assembly vote. "This marks a 
historic moment when member states and indigenous peoples reconciled with their 
painful histories." 

In her comments, General Assembly President Haya Al Khalifa described the 
outcome of the vote as a "major step forward" towards the promotion and 
protection of human rights and fundamental freedoms "for all". 

While pleased with the General Assembly's decision, indigenous leaders told IPS 
they had hoped the declaration would be adopted by consensus, but since certain 
countries remained unwilling to recognise their rights until the end, a 
majority vote was the only possible option left. 

"If a few states did not accept the declaration, then it would be a reflection 
on them rather than the document," said Les Malezer, an aboriginal leader from 
Australia, before the resolution was presented to the General Assembly. 

As expected, the United States, Canada, Australia and New Zealand refused to 
accept the declaration endorsed by as many as 143 countries. 

The nations that neither supported nor objected to the declaration were 
Azerbaijan, Bangladesh, Bhutan, Burundi, Columbia, Georgia, Kenya, Nigeria, 
Russia, Samoa and Ukraine. 

Before the vote, many indigenous leaders accused the United States and Canada 
of pressuring economically weak and vulnerable nations to reject the calls for 
the Declaration's adoption. Initially, some African countries were also 
reluctant to vote in favour, but later changed their position after the 
indigenous leadership accepted their demand to introduce certain amendments in 
the text. 

The Declaration emphasises the rights of indigenous peoples to maintain and 
strengthen their institutions, cultures and traditions and pursue their 
development in keeping with their own needs and aspirations. 

It also calls for recognition of indigenous peoples' right to 
self-determination, a principle fully recognised by the Geneva-based Human 
Rights Council, but deemed controversial by the United States and some of its 
allies who fear that it could undermine the sovereignty of states. 

In return for their support, the African countries wanted the declaration to 
mention that it does not encourage any actions which would undermine the 
"territorial integrity" or "political unity" of sovereign states. 

Despite the fact that the African viewpoint has been incorporated into the 
amended version, the draft declaration remains assertive of the indigenous 
peoples' right to self-determination and control over their land and resources. 

"It is subject to interpretation, but we can work with this," Les Malezer, 
chair of the Global Indigenous Caucus, told IPS last week. Like many other 
indigenous leaders, Malezer, a longtime aboriginal rights activist, initially 
did not approve of amendments in the draft. 

"We would not have gone for the amendments," he said. "But presented with the 
amended declaration, presented with the agreement made between approximately 
130 states, then we have a very good result." 

Thursday, Malezer and his colleagues in the U.N. Permanent Forum on Indigenous 
Issues described the world body's decision as "a major victory". 

"The 13th of September 2007 will be remembered as an international human rights 
day for the indigenous peoples of the world," said Vicky Tauli-Corpus, 
chairperson of the Permanent Forum, in an emotional tone filled with joy. 

"This is magnificent endeavour which brought you to sit together with us to 
listen to our cries and struggles and to hammer out words which will respond to 
these is unprecedented," she told U.N. diplomats after the vote. 

But in the same breath, Tauli-Corpus also raised the question of "effective 
implementation of the Declaration," saying it will "the test of commitment of 
states and the whole international community" to protect, respect and fulfill 
indigenous peoples collective and individual human rights. 

"I call on governments, the U.N. system, indigenous peoples and civil society 
at large to rise to the historic task before us and make the U.N. Declaration 
on the Rights of Indigenous Peoples a living document for the common future of 
humanity," she said in a statement. 

International civil society groups working for the rights of indigenous peoples 
also expressed their joy. 

'We are really very happy and thrilled to hear about the adoption of the 
declaration," said Botswana Bushman Jumanda Gakelebone of First People of the 
Kalahari, who works with an independent advocacy group called Survival 
International. 

"It recognises that governments can no longer treat us as second-class 
citizens, and it gives protection to tribal peoples so that they will not be 
thrown off their lands like we were," Cakelebone added in a statement. 

Survival's director Stephen Corry said he hoped the declaration would raise 
international standards in the same way as the universal declaration on human 
rights did nearly 60 years ago. 

"It sets a benchmark by which the treatment of tribal and indigenous peoples 
can be judged, and we hope it will usher in an era in which abuse of their 
rights is no longer tolerated," he added. 

Though pleased with the General Assembly's decision, some indigenous leaders 
seemed unhappy about the fact that the U.S., Canada, Australia and New Zealand 
did not accept the Declaration. 

"Canada has shown its true colours on our human rights," Arthur Manuel, a 
leader of Canada's indigenous peoples, told IPS. "It is caught up in the 
contradictions of not following the recommendations of the all the U.N. human 
rights bodies that have told it to base its indigenous policy on 'recognition 
and coexistence'." 

Those in opposition see the Declaration as "flawed", mainly because of its 
strong emphasis on the right to self-determination and full control over lands 
and resources. In their view, they would hinder efforts for economic 
development and undermine the so-called established democratic norms. 

Meanwhile, threats to indigenous lands and resources continue to go on in the 
form of mining, logging, toxic contamination, privatisation, and large-scale 
development projects, as well as the use of genetically modified seeds. 

"The entire wealth of the United States, Canada, and other so-called modern 
states is built on the poverty and human rights violations of their indigenous 
peoples," Manuel said. "The international community needs to understand how 
hypocritical Canada, Australia, New Zealand and the United States are." 

Recent scientific studies have repeatedly warned of devastating consequences 
for indigenous communities as changing climates are likely to cause more 
floods, hurricanes, earthquakes, and melting of glaciers all across the world. 

(END/2007) 


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