Chapter 1: Indigenous Peoples’ Human Rights Overview

The purpose of this chapter is to provide a foundation for the study of Indigenous Peoples’ human rights.

This chapter provides: Definitions of key terms; An introduction to the human rights framework and human rights

education; An explanation of the international systems and treaties that affect

Indigenous Peoples’ human rights; A concise history of the Indigenous Peoples’ human rights movement; Examples of challenges to Indigenous Peoples’ human rights; Examples of activism and future plans for action.

A. Terms Commonly Used when Speaking about Indigenous Peoples' Human Rights

Accede: "Accession" is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification. Accession usually occurs after the treaty has entered into force.

Collective: Denoting a number of persons or things considered as one group or whole.

Colonization: An act of colonizing, meaning to establish a body of people living in a new territory but retaining ties with the parent state.

Covenant: A usually formal, solemn, and binding agreement. It is similar to a treaty.

Enter into force: When a treaty enters into force, it is legally binding on all parties that have ratified the treaty. A treaty usually goes into effect when a certain number of member states have ratified it.

General Assembly: The General Assembly is the main deliberative organ of the United Nations. It is composed of representatives of all Member States, each of which has one vote. The General Assembly passes resolutions on important issues concerning everything from outer space to disarmament.

Group: A number of individuals assembled together or having some unifying relationship.

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International Decade: An International Decade is a ten-year period in which the UN focuses on a specific topic (for example: Indigenous Peoples) and tries to fulfill important goals regarding that topic.

Operational directive: World Bank Operational Directives contain a mixture of policies, procedures, and guidance on how the Bank deals with specific topics.

Rapporteur: An expert entrusted by the UN with a special human rights mandate, acting in his or her personal capacity.

Ratify: Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty.

Reservations: When a state makes a reservation to a treaty, it means that the state considers itself bound to the treaty, except for those provisions to which it makes the reservation. A reservation enables a state to accept a multilateral treaty as a whole by giving it the possibility not to apply certain provisions with which it does not want to comply. Reservations must not be incompatible with the object and the purpose of the treaty. Furthermore, a treaty might prohibit reservations or only allow for certain reservations to be made.

Self-determination: The right of a cohesive national group (“peoples”) living in a territory to choose for themselves a form of political and legal organization for that territory.

Signed: To write one’s [country’s] name as a token of assent, responsibility or obligation.

Treaty: A contract in writing between two or more political authorities (as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state.

World bank: The World Bank is a development assistance bank. It provides strategies and loans to developing countries to help them “improve living standards and eliminate the worst forms of poverty.”

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Who are Indigenous Peoples?

Indigenous Peoples comprise a significant percentage of the world’s population. Over 5,000 Indigenous groups live in more than 70 countries on five continents. Estimates number Indigenous Peoples from 300 to 500 million.1 Of the estimated 6,000 cultures in the world, between 4,000 and 5,000 are Indigenous. Approximately three-quarters of the world’s 6,000 languages are spoken by Indigenous Peoples.2 Among the many Indigenous Peoples are the Indians of the Americas (for example, the Mayas of Guatemala or the Aymaras of Bolivia), the Inuit and Aleutians of the circumpolar region, the Saami of northern Europe, and the Aborigines and Torres Strait Islanders of Australia, and the Maori of New Zealand.

The Indigenous Peoples of the world are very diverse. Some are hunter-gatherers, while others are city-dwellers. Some live in the world’s most developed countries; others live in impoverished, underdeveloped countries. In some countries, Indigenous Peoples form the majority of the population; others comprise small minorities. Moreover, not all Indigenous Peoples share the same priorities or points of view. Some are concerned with preserving land, while others are more concerned with preserving culture. Some strive to preserve traditional ways of life, while others seek greater participation in the societies around them. Like all cultures and civilizations, though, Indigenous Peoples are always adjusting and adapting to changes in the world.  Despite such extensive diversity in Indigenous communities throughout the world, all Indigenous Peoples have one thing in common - a history of injustice. Indigenous Peoples have been killed, tortured, and enslaved. In some cases, they have been the victims of genocide. They have been denied the right to participate in governing processes that affect them. They have been lied to by people claiming to protect their

1 UN conference brochure2 UN leaflet #10: Indigenous Peoples and the environment, first page.

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"Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop, and transmit to future generations their ancestral territories, and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems."

Jose Martinez-Cobo,Special Rapporteur to the Subcommission on Prevention of Discrimination and Protection of Minorities

interests. Their lands, as necessary to their survival as food and water, have been stolen from them by conquest and colonization.

Even today, Indigenous Peoples continue to face serious threats to their existence. Colonial attitudes of cultural supremacy toward Indigenous Peoples remain deeplyingrained in legal, political, educational, and health systems. The resulting human rights abuses faced by Indigenous Peoples threaten their very survival. Many Indigenous children grow up in poverty, are malnourished, and suffer from disease. Many face discrimination in schools. In some countries, schools do not allow them to study their own languages. Indigenous Peoples are exploited in the workplace. Sacred lands and objects are stolen from them through unlawful treaties. National governments continue to deny Indigenous Peoples the right to live in and manage their traditional lands, often implementing policies to exploit the lands that have sustained them for centuries. In some cases, governments have even enforced policies of forced assimilation in efforts to eradicate Indigenous Peoples, cultures, and traditions. Repeatedly, governments around the world have displayed an utter lack of respect for Indigenous values and traditions.

Indigenous Peoples face human rights problems not only as individuals but also as Indigenous nations, tribes, and communities. Many Indigenous Peoples believe that group rights, which include the right to self-government and the right to own communal land and resources, are the most important of all Indigenous rights. The extent to which international human rights law protects the group rights of Indigenous Peoples remains unclear.

International Recognition of Indigenous Peoples’ Human Rights

While Indigenous Peoples all over the world continue to face human rights violations, recent positive developments in the protection and promotion of Indigenous Peoples’ human rights point to a more promising future. Today, locally, nationally, and globally, Indigenous Peoples continue to assert their rights to self-government, to determine their own relations with other nations and other peoples, and to preserve their cultures, languages, and religions. Further, dramatic increases in access to information and speed of communication have resulted in human rights issues receiving greater attention from the international community.

Growing international awareness has led to increased recognition of the need to address Indigenous Peoples’ human rights by national governments and the United Nations. In 1995, the General Assembly of the United Nations proclaimed the International Decade for the World’s Indigenous Peoples. Such recognition signifies a tremendous landmark in the movement to protect Indigenous Peoples’ human rights. The primary goal of the International Decade, with its theme, “Indigenous People, Partnership in Action,” was strengthening international cooperation to alleviate the problems faced by Indigenous Peoples in areas such as human rights, the environment, health, education, and development.3

3 UN brochure

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The Draft Declaration on the Rights of Indigenous Peoples

In the past few decades, even before the International Decade was proclaimed, many significant achievements have been made in the area of Indigenous Peoples’ human rights. Of these, the most important development is the drafting of the Declaration on the Rights of Indigenous Peoples (Draft Declaration). The Declaration will take existing international human rights instruments (i.e. the Universal Declaration of Human Rights) a step further by addressing the specific needs of Indigenous Peoples as well as protecting their human rights. It establishes the rights of Indigenous Peoples to protection of their cultural property and identity and addresses such issues as self-determination, land rights, and cultural diversity. Furthermore, it protects the rights of Indigenous Peoples to own land collectively. In all, the Declaration contains 45 Articles divided into nine categories:

The preliminary wording of the draft Declaration came out of the Working Group on Indigenous Populations in 1985. In 1994, the draft Declaration was adopted by the United Nations Sub-Commission on the Promotion and Protection of Human Rights. The draft was then submitted to the Commission on Human Rights, which established the Working Group on the draft Declaration on the Rights of Indigenous Peoples. This Group, of more than 200 Indigenous organizations, meets once a year. Although the Declaration is not legally binding on the States, it will exert a considerable amount of moral force because it will be adopted by consensus of all the member states of the UN.

To date, the draft Declaration on the Rights of Indigenous Peoples is the most comprehensive statement of Indigenous Peoples’ individual and collective human rights ever developed. Its adoption by the General Assembly, targeted for 2004, is the biggest goal of the International Decade. Its implications will change the face of Indigenous Peoples’ human rights throughout the world.

People vs. PeoplesThe terminological debate over use of the term “peoples” versus “people” or “population” has continued for nearly as long as United Nations human rights mechanisms have been in place. The United Nations International Covenant on Civil and Political Rights (Part one, Article one, 1976) states that all peoples have the right of self-determination by virtue of which they “freely determine their political status and freely pursue their economic, social and cultural development.” However, there has been

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Part 1. Fundamental Rights Part 6. Land and ResourcesPart 2. Life and Security Part 7. Self Government and Indigenous Part 3. Culture, Religion, and Language LawsPart 4. Education, Media, and Employment Part 8. ImplementationPart 5. Participation and Development Part 9. Minimum Standards

little elaboration of the definition of the term “peoples.” Does the term “peoples” refer only to the entire population of a given state or can it refer to groups of people within the state who have their own culture, language, history, and traditional links to the land? Can there be more than one “peoples” in a given country? If so, are all “peoples” entitled to the same right of self-determination?

Unfortunately, there are no clear answers to these questions. State governments oppose use of the term “peoples” because of its association with self-determination. If Indigenous populations, for example, are Indigenous “peoples,” entitled to self-determination, they may invoke their right of self-determination and independent statehood. These actions are perceived as significant threats by governments and, to a large extent, explains their hesitation in accepting this term. Traditionally, however, Indigenous Peoples have exercised their “right of self-determination” as an expression of their desire to live as distinct communities free from oppression, not as a means of succession.4

Indigenous Peoples use the term “peoples” because of its association with instantaneous recognition of a distinct identity. “Peoples” affirms the right of Indigenous Peoples to self-determination. Denial of the use of this term and subsequent entitlement to self-determination is often regarded by advocates of Indigenous Peoples’ human rights as a form of racism and discrimination.

As a result of this terminological debate, the draft Declaration on the Rights of Indigenous Peoples provides that “Indigenous peoples, as a specific form of exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs…”5 By making the distinction between national and local affairs, this provision alleviates the government’s fear of succession. Despite this clause, adoption of the term “peoples” in the draft Declaration on the Rights of Indigenous Peoples would still represent a significant victory for Indigenous Peoples.

B. Addressing Indigenous Peoples’ Rights as Human Rights

What are human rights?

4 Anaya, James. Indigenous Peoples in International Law. New York: Oxford University Press, 1996 at 48.5 Draft Declaration, supra n. 92, Article 31.

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Human rights are those rights that belong to every individual – man or woman, girl or boy, infant or elder – simply because she or he is a human being. They embody the basic standards without which people cannot realize their inherent human dignity.

footnote

Human rights are universal. They are the birthright of every member of the human family. No one has to earn or deserve human rights.

Human rights are inalienable. You cannot lose these rights any more than you can cease to be a human being. Human rights are indivisible: you cannot be denied a right because someone decides that it is “less important” or “non-essential.” Human rights are interdependent: all human rights are part of a complementary framework.

Because human rights are not granted by any human authority such as a monarch, government, or secular or religious authority, they are not the same as civil rights, such as those in the US Constitution and Bill or Rights. Constitutional rights are granted to individuals by virtue of their citizenship or residence in a particular country whereas human rights are inherent and held as attributes of the human personality.

Human rights are both abstract and practical. They hold up the inspiring vision of a free, just, and peaceful world and set minimum standards for how both individuals and institutions should treat people. They also empower people to take action to demand and defend their rights and the rights of others.

Although human rights were principally defined and codified in the twentieth century, human rights values are rooted in the wisdom literature, traditional values, and religious teachings of almost every culture. For example, the Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran), and the Analects of Confucius all address questions of peoples’ duties, rights, and responsibilities. Native American sources include the Iroquois Constitution and the Inca and Aztec codes of conduct and justice.

What is the human rights framework?

Human rights principles are reflected in many cultural traditions, for all societies have system of propriety and justice, as well as ways of caring for the health and welfare of their members. However, only in the twentieth century, with the founding of the United Nations, was an effort made to create a legal code that would define the rights of all humanity. These fundamental human rights documents form the foundations on which subsequent international human rights law has been developed, a legal structure that is collectively known as the human rights framework.

The Universal Declaration of Human Rights

To achieve this goal, one of the first acts of the newly established UN was to form the UN Commission on Human Rights and charge it with the task of drafting a document that would articulate the fundamental rights and freedoms proclaimed in the Charter. On December 10, 1948, a day now honored as International Human Rights Day, the Universal Declaration of Human Rights (UDHR) was unanimously adopted by the 56 members of the United Nations General Assembly.

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The Preamble of the UDHR eloquently asserts that:

[R]ecognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world.

The thirty articles of the UDHR set forth the basics of human rights in language that most people can understand. In 1998, the UDHR received the Worldbook of Guiness Records for the most translated document in the world, surpassing the Bible. As a declaration, the weakest form of international law, the UDHR is a statement of principles, not a legally binding document. However, over the past fifty years it has achieved the status of customary international law because people regard it as “a common standard of achievement for all people and all nations” and treat it as though it were binding law. Its principles have been incorporated into the constitutions of most of the 185 [check] countries now in the UN.

The Human Rights Covenants

Following the adoption of the UDHR in 1948, the U.N. Commission on Human Rights almost immediately proceeded to draft a treaty or convention that would give these principles the power of law. However, the politics of the so-called Cold War intervened, with capitalist governments of the West endorsing civil and political rights while socialist governments of the East emphasized social and economic rights. As a result of this conflict, agreement on a single human rights document proved impossible.

After nearly twenty years of wrangling, in 1966 the Commission produced not one but two documents: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The two Covenants address different rights issues. The ICCPR focuses on the limitation of state power and guarantees individuals such rights as life, participation in government, fair trials and freedom of expression, religion, and association. By contrast the ICESCR focuses obligations of the state, such as the guarantee of food, education, health care, shelter, and a living wage. However, both Covenants extend these rights to all persons and prohibit discrimination.

As of 2002 over ___ nations have ratified both conventions, thereby affirming the indivisibility and interdependence of human rights. However, some states have still only ratified one or the other, according to their political policies and positions. Others states have ratified both, but with many reservations or formal exceptions to full compliance.

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The International Bill of Rights

Together, the U.N. Charter and the UDHR, and the two Covenants make up the International Bill of Human Rights. These are the fundamental documents on which all subsequent human rights documents are based.

Human Rights Conventions

Since the UDHR in 1948, the General Assembly has adopted more than twenty treaties, also called conventions that further define and develop the rights contained in the International Bill of Human Rights. These human rights conventions offer significant advances in human rights protection: They define and refine human rights concepts; They guarantee specific rights; They obligate states to uphold those rights and set standards for state conduct; They create mechanisms to monitor whether states are fulfilling those obligations; They allow complaints to be made against states that violate or fail to protect

those rights.

In addition, human rights conventions have the beneficial effect of raising public awareness about these rights. They provide a way for people inside and outside the country to pressure governments to improve the way they enforce human rights standards.

Some of these conventions are aimed at preventing and prohibiting specific abuses like torture, genocide, and racism: Convention on the Prevention and Punishment of the Crime of Genocide, 1948; Convention Relating to the Status of Refugees, 1951; Slavery Convention of 1926, amended 1953; Convention on the Elimination of All Forms of Racial Discrimination, 1966; Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of

Punishment, 1984.

Others protect especially vulnerable populations, for example: Convention Relating to the Status of Refugees, 1951; Convention on the Elimination of all Forms of Discrimination Against

Women, 1970; Convention on the Rights of the Child, 1989; Convention on the Rights of Migrant Workers and Members of Their

Families, 1990.

Obligations of Ratification

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For a treaty to enter into force as international law, it must be ratified by a set number of UN Member States. Sometimes the ratification process takes many years, but some conventions, like the Convention on the Rights of the Child (CRC), enter into force in a few months. The CRC remains the most widely ratified of all UN human rights treaties, having been ratified by all but two UN Member States.

When a government ratifies a convention, it takes on significant responsibilities: To abide by provisions of the treaty, meaning the treaty becomes law in that

country. Therefore, the government must amend any existing national laws that conflict with the treaty.

To report formally at regular intervals on its progress in implementing the convention. The reporting process requires self-examination on the part of the government, but also invites dissenting “shadow reports” on the part of nongovernmental organizations (NGOs) who disagree with the government’s assessment.

To submit to be monitored and possibly criticized if the committee that oversees the treaty receives complaints that the government is not living up to its obligations.

When a government ratifies a human rights convention, human rights activists are given a powerful tool. They can then hold that government accountable for doing what it has promised.

Regional Human Rights Systems

Not all documents in the human rights framework derive from the United Nations. Countries in some regions have agreed on treaties to promote human rights in their part of the world. These are: the European Human Rights System, based on the European Convention for

the Protection of Human Rights and Fundamental Freedoms, 1950; the Inter-American System, based on the American Convention on Human

Rights, 1969; the African System, based on the African Charter on Human and People’s

Rights, 1981.

These regional systems, which may differ slightly from international standards and from each other, provide advocates with important mechanism for the enforcement of human rights.

National Human Rights Laws

Each country has its own guarantees of human rights, usually written into its national constitution or bill of rights. However, not all states have a written constitution, and in many parts of the world several legal systems, including religious and traditional law, also apply. Advocates need to understand what rights the laws of their own country guarantee.

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Human Rights as an Evolving System

Since their first articulation in the UDHR, human rights have continued to develop, not only by their codification in legal documents but also in the extent that they are recognized, understood, and acted upon. As the needs of certain groups of people are recognized and defined and as world events point to the need for awareness and action on specific issues, international human rights law evolves in response. At present many human rights conventions have entered into force. Others are still in the process of ratification. Still others, such as a convention on the rights of Indigenous Peoples and a convention on environmental rights, are currently being drafted.

Human rights are not created and implemented by governments alone. A critical dynamic exists between the governmental institutions and civil society. Ordinary citizens play an important role in both the maintenance of existing rights and development of new rights. Some activists are working to ensure that existing rights are respected and implemented. These activists challenge governments that do not live up to their obligations to protect and promote human rights. Other activists are struggling to have previously unrecognized rights accepted as human rights and embodied in new conventions. Among these are people with disabilities and their allies.

The foundation documents of human rights law are the Universal Declaration of Human Rights (UDHR, 1948), the UN Charter, the International Covenant on Civil and Political Rights (ICCPR, 1966) and its Optional Protocol, and the International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966). Known collectively as the International Bill of Human Rights, these four documents were followed by more than twenty human rights conventions – treaties that become binding law in those countries that ratify them. When a UN member state ratifies a convention, it agrees to abide by its provisions, to change the law of the country to conform to the convention, and to report on its progress in doing so.

Some conventions define and ban abhorrent, inhuman acts (e.g. The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment); others address populations in need of particular protection and provision (e.g. The Convention on the Rights of the Child; The Convention on the Rights of Migrant Workers and the Members of Their Families) or groups who experience particular discrimination (e.g., The Convention on the Elimination of All Forms of Racial Discrimination; The Convention on the Elimination of All Forms of Discrimination Against Women).

Steps in the Evolution of Human Rights Covenants and Conventions

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Before they become codified as binding law, human rights concepts must pass through a lengthy process that involves consensus building and practical politics at the international and national levels. This process includes the following steps:

1. Reporting and documenting by witnesses or victims of human rights violations. One or more persons report human rights abuses to a human rights advocacy organization.

2. Publicizing locally, nationally, and globally. Human Rights advocates draw public attention to the violations of human rights.

3. Recognition by states and the international community. National governments and the United Nations recognize a need to protect and promote the human rights of a particular peoples by establishing such protection in international law.

4. Drafts by working groups. Working groups consist of government representatives of UN member states, as well as representatives of nongovernmental organizations (NGOs) and intergovernmental organizations (IGOs), such as the World Health Organization (WHO) and the International Labour Organization (ILO).

5. Adoption by vote of the UN General Assembly.

6. Signatures by member states. When member states sign the convention or treaty, they are indicating that they have begun the process required by their government for ratification. In signing, they also are agreeing to refrain from acts that would be contrary to the objectives of the convention. (% needed to vote?)

7. Ratification by member states. When a member state ratifies a covenant, it signifies its intention to comply with the specific provisions and obligations of the document. It takes on the responsibility to see that its national laws are in agreement with the Covention. A process exists by which states can ratify the coventions, but indicate their reservations about specific articles.

8. Enforcement. A convention goes into effect when a certain number of member states have ratified it. The length of this process is difficult to predict. For example, the ICCPR and ICESCR were adopted in 1966; however they did not enter into force until 1976 when 35 member states had ratified them. The Convention on the Rights of the Child, on the other hand, was signed in 1989 and entered into force in 1990. It remains the most rapidly ratified of all UN conventions.

C. How are the Human Rights of Indigenous Peoples protected—Past, Present and Future?

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PAST (1920’s – 1982)

In the 1920s, American Indians approached the League of Nations. Their visit to Geneva attracted considerable attention but procured no tangible results. In the early years of the United Nations, Indigenous Peoples’ representatives made further appeals to the world organization. These appeals also failed to gain the attention of the international community.

It was not until 1970, when the U.N. Sub-Commission on Prevention of Discrimination and Protection of Minorities, currently the UN. Subco… recommended that a comprehensive study be made of the problem of discrimination against Indigenous populations, that Indigenous Peoples’ Human Rights were formally addressed by the UN. In 1971, Mr. Jose R. Martinez-Cobo (Ecuador) was appointed Special Rapporteur for the study, which was to recommend national and international plans for eliminating discrimination against Indigenous Peoples. The findings of this study pointed to widespread discrimination against Indigenous Peoples in nearly all sectors of society. They also demonstrated a strong need for international collaboration on the protection and promotion of Indigenous Peoples’ human rights.

In 1977, the first international conference of non-governmental organizations on Indigenous issues was held in Geneva. Four years later, another conference was held in Geneva to address Indigenous issues. The 1981 conference focused on Indigenous Peoples and the land. These two meetings, along with the recommendations of the Martinez-Cobo study, laid the groundwork for the establishment of the United Nations Working Group on Indigenous Populations in 1982. 6

The UN Working Group on Indigenous Populations

The United Nations Working Group on Indigenous Populations, a subsidiary organ of the Sub-Commission on the Promotion and Protection of Human Rights, is perhaps the most important international organization to which Indigenous Peoples bring general human rights complaints. The Working Group is the first and only UN body involved exclusively with matters concerning the human rights of Indigenous Peoples. It reviews national developments concerning the promotion and protection of Indigenous Peoples’

6 (for the four paragraphs on this page – (www.unhcr.ch/html/menu6/2/fs9.htm p. 2-4)

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“Throughout human history, whenever dominant neighboring peoples have expanded their territories or settlers from far away have acquired new lands by force, the cultures and livelihoods – even the existence – of Indigenous Peoples have been endangered. The threats to Indigenous Peoples’ cultures and lands, to their status and other legal rights as distinct groups and as citizens, do not always take the same form as in previous times. Although some groups have been relatively successful, in most parts of the world indigenous peoples are actively seeking recognition of their identities and ways of life.” (p.2)

human rights and develops international standards for Indigenous Peoples’ human rights and freedoms. The Working Group also undertakes studies on a variety of issues affecting Indigenous Peoples. Nearly 700 persons regularly attend the Working Group sessions. They include observers for governments, Indigenous Peoples, non-governmental organizations, and scholars. Today, the Working Group is one of the largest United Nations forums in the field of human rights.

Present

As the United Nations Goodwill Ambassador for the Year of the Indigenous Peoples, Rigoberta Menchu Tum, stated above, much of the progress that has been made in recent times regarding Indigenous Peoples’ human rights is the result of an increase in the dissemination of information. Such an increase is largely attributed to the growing number of Indigenous organizations currently working for the promotion and protection of Indigenous Peoples’ Rights. Technological advances, which have made it easier for people around the world to communicate, have also contributed to the successes of the Indigenous Peoples’ human rights movement. Today, there are hundreds of Indigenous Peoples’ Rights organizations throughout the world, ranging from local youth mentorship programs to internationally recognized councils that influence national and international decision-making bodies.

The International Decade of the World's Indigenous Peoples (1995 - 2004)

The period of years between 1995 and 2004 was proclaimed The International Decade by the World’s Indigenous Peoples by the General Assembly in December 1993. The main objective was strengthening international cooperation for the solution of problems faced by Indigenous Peoples in such areas as human rights, the environment, development, education, and health. The theme for the Decade is "Indigenous Peoples: Partnership in Action". In the same resolution, the General Assembly requested the Secretary-General to appoint the Assistant Secretary-General for Human Rights as the Coordinator of the Decade and established the Voluntary Fund for the Decade to assist the funding of projects and programs which promote the goals of the International Decade of the World's Indigenous People. The General Assembly appointed the High Commissioner for Human Rights as Coordinator of the Decade.

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“Despite the enormous difficulties and the long and painful road that remains before us to effectuate our rights, an evident success of recent times is the greater diffusion of information about the rights and values of indigenous peoples to national and international public opinion.” (www.indians.org/welker/menchu3.htm)

Rigoberta Menchu Tum, United Nations Goodwill Ambassador for The Year of the Indigenous Peoples

Year?

The UN Permanent Forum on Indigenous Issues

To ensure that these Indigenous organizations have a voice within the United Nations system, the Economic and Social Council (ECOSOC), one of the six primary organs of the United Nations, established the Permanent Forum on Indigenous Issues in 2000. The Forum, which includes eight Indigenous experts, is the first and only international body in the United Nations that has Indigenous Persons as members. It will meet once a year for ten working days and submit annual reports to the Economic and Social Council. Nearly 1,000 representatives of Indigenous Peoples from around the world attended the first meeting of the Forum in May, 2002.

The Permanent Forum serves as an advisory board to the Economic and Social Council. The Forum considers a wide range of issues affecting Indigenous Peoples, including discussing Indigenous issues relating to economic and social development, culture, the environment, education, health, and human rights. From these discussions, the Forum provides expert advice and recommendations to the Council, raises awareness of Indigenous issues within the UN system, and prepares and disseminates information on Indigenous issues.

UN Working Group on the Draft Declaration on the Rights of Indigenous Peoples

The open-ended inter-sessional Working Group on the draft declaration was established in 1995. The Working Group has the sole purpose of creating a draft declaration on the rights of Indigenous Peoples. The draft is currently being prepared for consideration. Its adoption by the General Assembly will hopefully occur during the International Decade of the World's Indigenous People.

The Working Group on the Draft Declaration meets once a year and is responsible for reviewing and debating the Draft Declaration. The Declaration will be non-binding for States. However, it will serve as a powerful statement of universally accepted norms because it will be adopted by consensus of all member states of the U.N. It will also provide a strong basis for arguing for greater legal protection for indigenous rights in many countries.

The Working Group on the Draft Declaration is a subsidiary organ of the Commission on Human Rights and is composed of representatives of Member States. As in similar human rights bodies, non-governmental and Indigenous organizations with consultative status with the Economic and Social Council may take part in the proceedings. However, Commission on Human Rights resolution 1995/32 also sets out a procedure for participation for Indigenous organizations without consultative status.

FUTURE (2004 AND BEYOND)

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The many Indigenous organizations existing today will undoubtedly play leading roles in future initiatives to protect and promote the human rights of Indigenous Peoples. Today, as a result of their efforts, a significant amount of international attention has been given to Indigenous Peoples’ rights. This attention is reflected in the United Nations’ declaration of the Decade for the World’s Indigenous Peoples, constitutional advances reflecting greater recognition of Indigenous Peoples, and growth of mutual respect between Indigenous and non-Indigenous peoples and governments.

D. What is Indigenous Peoples’ Human Rights Education?

A lesson on Australian Aboriginal art, the history of the Northern European Saami, or the arrival of Columbus in the United States can be lessons on Indigenous Peoples’ human rights. An Indigenous organization’s attempts to address issues of health care, employment, or education can become human rights lessons. An analysis of legislation concerning Indigenous Peoples’ land rights can also become a lesson in human rights. Even a story passed down through generations can provide the basis for a lesson in human rights. Any lesson that illustrates the connection between Indigenous issues and the universal principles of respect, equality, and liberty is a lesson in human rights.

What are the Goals of Indigenous Peoples’ Human Rights Education?

In 1989, the Human Rights Educators’ Network of Amnesty International USA published a defining rationale for human rights education that reflected the expanding definition of the field of human rights:

HUMAN RIGHTS EDUCATION declares a commitment to those human rights expressed in the Universal Declaration of Human Rights of 1948, the UN Covenants, and the United States Bill of Rights. It asserts the responsibility to respect, protect, and promote the rights of all people.

HUMAN RIGHTS EDUCATION promotes democratic principles. It examines human rights issues without bias and from diverse perspectives through a variety of educational practices.

HUMAN RIGHTS EDUCATION helps to develop the communication skills and informed critical thinking essential to a democracy. It provides multicultural and historical perspectives on the universal struggle for justice and dignity.

HUMAN RIGHTS EDUCATION engages the heart as well as the mind. It challenges students to ask what human rights mean to them personally and encourages them to translate caring into informed, nonviolent action.

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HUMAN RIGHTS EDUCATION affirms the interdependence of the human family. It promotes understanding of the complex global forces that create abuses, as well as the ways in which abuses can be abolished and avoided.

Indigenous Peoples’ Human Rights Education in the United States

Currently, the majority of lessons in Indigenous Peoples’ human rights in United States schools do not extend beyond the impact of Columbus’ arrival on Native Americans. Even these lessons, which offer endless opportunities to address issues of human rights, often lack a solid human rights framework. In the past decade, as international attention to Indigenous Peoples’ human rights has increased, some progress has been made in the field of Indigenous Peoples’ human rights education.

A New Tool for Learning, Action, and Change

The rise of human rights activism in the 1960s and 1970s brought with it a growing recognition of the potential to effect social change and the importance of human rights awareness for all segments of society. Furthermore, as economic integration and advancement in communications have brought all parts of the world closer together, human rights are increasingly recognized as a unifying moral force that transcends national boundaries and empowers ordinary people everywhere to demand that their governments be accountable for the protection and promotion of their human rights. This new awareness is not limited to educated elites or developed countries. Around the globe, grass-roots organizations of all kinds are using the human rights framework to advocate for social change, for example opposing violence against women, toxic dumping, child labor, and lack of housing or health care as human rights violations. As a result, these groups are providing innovative human rights education to the communities they serve - the poor, refugees and immigrants, rural and migrant peoples, the gay, lesbian, bisexual and transgendered community, and minorities of all kinds. They have effectively redefined human rights education in the process.

E. Examples of Activism

The growth of the Indigenous Peoples’ human rights movement points to the successes of using the human rights framework in education to effect social change. From rural communities in the Arctic to remote islands of the Pacific, advocates all over the world are working to protect the human rights of Indigenous Peoples. The following are a few examples of the many advocacy groups, councils, and organizations that are currently working to promote and protect the human rights of Indigenous Peoples:

The Aboriginal and Torres Strait Islander CommissionThe Aboriginal and Torres Strait Islander Commission (ATSIC) is Australia’s national policymaking and service delivery agency for Indigenous peoples. It is an independent statutory authority established by the Commonwealth government ten years ago. ATSIC

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is a unique decentralized organization which advocates Aboriginal and Torres Strait Islander issues nationally and internationally, advises the Minister for Aboriginal and Torres Strait Islander Affairs, and delivers programs to Aboriginal and Torres Strait Islander people. Through ATSIC's Regional Councils and the Board of Commissioners, Indigenous elected representatives are brought into the processes of government.”ATSIC is Australia’s principal advocate of issues affecting Aboriginal and Torres Strait Islander people. ATSIC takes advice from the Aboriginal and Torres Strait Islander community and presents an Indigenous perspective on a wide and growing range of issues: Land, Indigenous Rights, Law and Justice, etc. (www.atsic.gov.au)

Cree Nation – Ted MosesSince the signing of the Northern Quebec Agreement in 1975, the Cree Nation has been transformed from a “small group of disregarded nomadic hunters and trappers in a far-northern wilderness, into a significant force in the international politics of Indigenous people.” The Grand Council of the Crees (GCCEI) was established in 1974 by eight Cree communities whose lands and traditional way of life were threatened by the construction of the James Bay hydroelectric development project in the north western portion of Quebec. As a result of the formation of the GCCEI, many Cree villages began to hold regular, centralized meetings to discuss the protection and promotion of their rights. Before then, common problems among distant villages were held through informal contacts between hunters and trappers.

Today, the Grand Council actively represents the interests of the Cree People on both the national and international levels. GCCEI obtained consultative status with the United Nations Economic and Social Councils and has advocated for Indigenous Peoples’ Rights at the European Parliament, the World Environment Conference in Rio de Janeiro, and the World Conference on Human Rights. Only fifteen years after first venturing into the international arena, the work of the GCCEI’s first Ambassador to the UN, Ted Moses, was recognized by the granting of the degree of Doctor of Laws honoris causa by the University of Saskatchewan.” The GCCEI will continue to advocate “indeed, wherever our people’s views need to be expressed and our interests defended.” (www.gcc.ca)

First Nations Development InstituteFirst Nations Development Institute was founded in 1980 with the mission to assist Indigenous Peoples in controlling and developing their assets and, through that control, building the capacity to direct their economic futures in ways that fit their cultures. These programs and strategies focus on assisting tribes and Native communities so they control, create, leverage, utilize, and retain their assets. First Nations programs and departments include:

Grants and Technical Assistance; Loans and Technical Assistance; Policy and Research; International Programs; Native Philanthropy; Publications and Resources; Conferences and Workshops.

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Indian Law Resource CenterThe Indian Law Resource Center is devoted to helping Indian nations, tribes and other Indigenous Peoples prevent destruction of their cultures and homelands. The Center seeks to overcome the devastating threats to Indigenous Peoples by establishing national and international legal standards that uphold their human rights and dignity, protect Indian land and resources, and secure their authority for genuine self-government and sustainable futures. The Indian Law Resource Center also seeks to change discriminatory laws through education, legal challenges, and advocacy. The Center organizes scholarly conferences and symposiums on law reform issues. Center staff members teach, write, and speak publicly to build awareness of the need for change.

The Indian Law Resource Center represents the Mayagna Indian Community of Awas Tingi and has taken a leading role in assisting the Inter-American Commission on Human Rights in prosecuting a human rights case before the court. The Awas Tingi Community recently won a major international human rights case against the government of Nicaragua. On September 17, 2001, the Inter-American Court of Human Rights released its decision declaring that Nicaragua violated the human rights of the Awas Tingni Community and ordered the government to recognize and protect the Community’s legal rights to its traditional lands, natural resources, and environment.

Indigenous Environmental Network (IEN)The Indigenous Environmental Network is an alliance of grassroots Indigenous Peoples whose mission is to protect the sacredness of Mother Earth from contamination and exploitation by strengthening, maintaining, and respecting the traditional teachings and the natural laws. Established in 1990, IEN is an alliance of Indigenous Nations and communities towards sustainable livelihoods, environmental protection of our lands, water and air, and maintaining the sacred Fire of our traditions.

International Indian Treaty Council (IITC)The IITC supports grassroots Indigenous struggles for human rights, self-determination and environmental justice through information dissemination, coalition building, advocacy, and technical assistance. IITC builds, organizes, and facilitates the direct, effective participation of traditional Indigenous Peoples in local, regional, national and international events and gatherings addressing their concerns and survival.

The IITC actively participates in key international bodies such as the Commission on Human Rights, Working Group on Indigenous Populations, Sub-Commission on Protection of Minorities, among others. The IITC submits testimony, documentation and formal complaints to these four as well as to the UN Center for Human Rights, Special Rapporteurs, and the Organization of American States to redress human rights violations, build awareness about Indigenous struggles, and further develop and implement international standards recognizing and protecting the rights of Indigenous Peoples.

National Maori Congress

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The National Maori Congress was formally established in Maori, New Zealand on July 13, 1990 by the United Tribes of Aotearoa, New Zealand. The geographic distribution of Congress covers the full territories, land and sea of Aotearoa, New Zealand. Congress is made up of 45 participating tribes and bodies, who in turn represent some 431,000, being the Maori population of Aotearoa, New Zealand. Maori are the third largest indigenous population in the Pacific.

One of the major objectives of the National Maori Congress is to provide a national forum for participating tribes to address economic, social, cultural, environmental, and political issues within a Maori framework, and to advance a unified national Maori position on significant policy matters both nationally and internationally. This is achieved through regular meetings of congress delegates (approximately 250), and through the ongoing work of ten committees set up to focus on the development of congress itself and to address significant issues on behalf of congress. The congress committees concerned with specific issues are: Justice, Education, Employment, Housing, Fisheries, Government Review, and International. The remaining three committees are concerned with the administration and development of congress itself. All committees are staffed or convened by tribal nominated personnel and the work of all committees is referred back to the 45 participating congress tribes, for endorsement and further action. (www.cwis.org/fwdp/oceania)

Saami Council

“The Saami Council is a joint cultural and political organization of the Saami in Norway, Finland, Sweden, and The Russian Federation. The primary aim of the Saami Council is to take care of the interests of the Saami as a people, to strengthen Saami solidarity feeling over the state borders, to take care of Saami interests as one people, to strengthen Saami co-operation over state borders, to work for recognition of the Saami as one people both now and in the future; a people whose cultural, political, economic and social rights shall be protected by the legal systems of each country as well as by agreements between the states involved and different Saami institutions. (Saami Council p.1)

Work with the UNMost emphasis is put on the work with the United Nations and human rights. In the organs of the U.N., the Saami Council particularly works with the Draft Declaration on Indigenous Peoples’ Human Rights, with a permanent forum for Indigenous Peoples, the Indigenous Peoples’ decade, and particularly the work done by the ILO with ILO convention number 169. The Saami Council will also in the future promote Finnish, Russian, and Swedish ratification of ILO convention number169.

Co-operation with other indigenous peoplesThe Saami Council co-operates particularly on environmental affairs with organizations of Indigenous Peoples in the Arctic area: the ICC (Inuit Circumpolar Conference), RAIPON (The Association of Indigenous Minorities of Northern Siberia and the Far East of the Russian Federation), AIA (The Aleutian International Association), AAC (The Arctic Athabaskan Council), GCI (Gwich'in Council International).

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The Saami Council co-operates also with other Indigenous Peoples’ organizations and interest organizations, such as The International Indian Treaty Council, The Indian Law Resource Center, The Organization of Indigenous Peoples in Africa (OIPA) and The Asian Indigenous, and Tribal Peoples Network. The Council will continue to take part in the peace process of Indigenous Peoples in Guatemala.

Survival InternationalSurvival International is the only international organization supporting tribal peoples worldwide. It was founded in 1969 after an article by Norman Lewis in the United Kingdom's Sunday Times highlighted the massacres, land thefts, and genocide taking place in Brazilian Amazonia. Like many modern atrocities, the racist oppression of Brazil's Indians took place in the name of 'economic growth'.

Today, Survival International has supporters in 82 countries. The organization works for tribal peoples' rights in three complementary ways: education, advocacy, and campaigns. It also offers tribal people a platform to address the world. Survival International works closely with local Indigenous organizations, and focus on tribal peoples who have the most to lose, usually those most recently in contact with the outside world.

Tebtebba FoundationTebtebba (Indigenous Peoples' International Centre for Policy Research and Education) is an Indigenous Peoples' organization born out of the need for heightened advocacy to have the rights of Indigenous Peoples recognized, respected, and protected worldwide. Established in 1996, Tebtebba seeks to promote a better understanding of the world's Indigenous Peoples, their worldviews, issues, and concerns. In this effort, it strives to bring Indigenous Peoples together to take the lead in policy advocacy and campaigns on all issues affecting them.

Tebtebba is a research, education, policy advocacy, and resource center working with Indigenous Peoples at all levels and arenas. As an organization, it seeks the recognition, promotion, and protection of Indigenous Peoples' rights and aspirations while building unities to uphold social and environmental justice and sustainability. Tebtebba works to reinforce the capacities of Indigenous Peoples for advocacy, campaigns and networking.

F. Challenges

STILL NEED

G. Plan For ActionIntro?Strategic Planning in the Community

Youth organizing and coalition building; Mentorship and Internship programs to develop and train young leaders; Increased opportunities for Indigenous youth to become involved;

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Increased opportunities for non-indigenous youth to develop ally skills; Human Rights education with focus on Indigenous Peoples’ in local schools.

Suggested Actions

Become familiar with the draft Declaration of Indigenous Peoples’ Human Rights;

Research Human Rights documents signed by the governments where Indigenous Peoples live;

Learn the history of Indigenous Peoples within the United States from an Indigenous Perspective;

Become familiar with the history of Indigenous Peoples’ and the United Nation; Become familiar with the history of Indigenous Peoples and the United States; Translate Human Rights documents into Indigenous Languages; Documentation of Human Rights abuses; Develop Indigenous non-governmental organization (NGO); Create? Support? Human Rights Fellowships; Analyze your governments human rights obligations.

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