Historic UN vote supports Indigenous Peoples' rights

pathways, OCTOBER 2007

 

 

The United Nations Declaration on the Rights of Indigenous Peoples was approved when 143 Member States voted in favour, 11 abstained and four  - Australia, Canada, New Zealand and the United States -  voted against the text.

 

A non-binding text, the Declaration sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education and other issues.

 

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

 

It also prohibits discrimination against indigenous peoples and promotes their full and effective participation in all matters that concern them, and their right to remain distinct and to pursue their own visions of economic and social development.

 

Australian Passionist priest, Kevin Dance, the Passionists' International representative at the United Nations, New York, said the vote, on September 13, was a "real victory".

 

Even after decades of debate, the likelihood that the Declaration would be adopted seemed to recede with each passing week.

 

"Australia distinguished itself by leading the charge against the Declaration," he said.  "However, it turned out to be a charge that lacked credibility and energy."

 

Fr Dance said the relentless pursuit of the African States by Australia and friends applied tremendous pressure in the run up to the vote.

 

"But with much diplomacy and work by the co-sponsors who were led by Mexico, Peru and Guatemala in dealing with the Africans, an agreed position was reached. It was a credit to the Africans that they were able to shift their position whilst the big four hardened into theirs - even when it became crystal clear that they had lost the battle.

 

"The battle has much more to do with control of their indigenous people, with not having to engage in any real consultation or gain consent to have access to their lands or resources - whether that be to enable governments to place toxic waste dumps on indigenous land or to be able to keep corporate and mining interests contented."

 

Fr Dance, who is Vice-Chair for the NGO Committee on the UN International Decade of the World's Indigenous Peoples, said that while the Declaration was not a convention or binding agreement, it was "invaluable in gathering in one place the rights both individual and collective of

indigenous peoples".

 

"It will carry considerable moral weight. Thank God that it was adopted with an overwhelming majority."

 

General Assembly President Sheikha Haya Rashed Al Khalifa, Secretary-General Ban Ki-moon and High Commissioner for Human Rights Louise Arbour all welcomed the  adoption.

 

Sheikha Haya said the document's importance could not be underestimated, but warned that "even with this progress, indigenous peoples still face marginalisation, extreme poverty and other human rights violations. They are often dragged into conflicts and land disputes that threaten their way of life and very survival; and, suffer from a lack of access to health care and education."

 

In a statement released by his spokesperson, Mr. Ban described the Declaration's adoption as "a historic moment when UN Member States and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice

and development for all."

 

He called on governments and civil society to ensure that the Declaration's vision became a reality by working to integrate indigenous rights into their policies and programmes.

 

The chairman for the Global Indigenous Caucus, Mr Les Malezer, said the Declaration was a "tool for peace and justice, based upon mutual recognition and mutual respect".

 

"These rights in the Declaration are already recognised in international law, but they are rights which have been denied to Indigenous Peoples everywhere.

 

"The Declaration carries a message for all States that have links and association with Indigenous Peoples.  That message is not about secession, as some States may fear, but about co-operation and partnership to ensure that all individuals, regardless of race or beliefs, are truly equal and that all peoples are respected and allowed to develop."

 

The UN Permanent Forum on Indigenous Issues estimates there are more than 370 million indigenous people in 70 countries worldwide.