CONSEJO INTERNACIONAL DE TRATADOS INDIOS

United Nations Commission on Human Rights

8TH Ad Hoc Intersessional Working Group on the Draft Declaration for the Rights Of Indigenous Peoples

December 2 - 13, 2002

Statement by the International Indian Treaty Council

Articles 3 and 31, Self determination  

Thank you and good afternoon Mr. Chairman and Respected delegates, on behalf of the International Indian Treaty Council and our affiliates participating in this session from the U.S., Panama, Mexico and Guatemala. 

Mr. Chairman, a basic principal of International law is that human rights must be uniformly and universally applied.  Without the equal application of International laws and standards, the fundamental integrity of the United Nations processes are called into question. 

We recall the Vienna Declaration from the World Conference on Human Rights and its Program of Action's reference to respect for the principles of equal rights and self-determination of Peoples.

A fundamental purpose of the United Nations itself, stated in the Charter, is to promote and encourage respect for human rights and fundamental freedoms for all without regard to race. The Universal Declaration on Human Rights also affirms in its first preambular paragraph that "recognition 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”.

We want to reaffirm this principle as the basis of our discussions on the Draft Declaration for the Rights of Indigenous Peoples over the next two weeks: that the rights recognized internationally for all Peoples must also apply to Indigenous Peoples.

Regarding the issue of “territorial integrity”, which has been referred to often as an ongoing concern of some states when it comes to accepting this principle as applies to the right of Self-determination,  we affirm that the Declaration for the rights of Indigenous Peoples is a human rights document.  However vital to the promotion of justice and freedom in this world, the processes of decolonization and independence for occupied territories, and their potential impacts on the “territorial integrity” of existing states are not the focus of our discussions in this Working Group.  They are more appropriately addressed through other mechanisms and in other bodies within the UN system.

It is not our mandate in this body to either prevent or incite the breakup of existing states.  We note that the process of creating new states and liberating occupied territories continues to unfold around the world both with and without the direct involvement of the United Nations, as the growing number of UN member states confirms.  But this ongoing process is not the concern or subject of this working group.

It has been pointed out by some state delegations at this Working Group in years past that Article 1 in common of the two International Human Rights Covenants affirms that the Right of Self Determination under international law for all Peoples, and so article 3 in the Declaration of the Rights of Indigenous Peoples, is redundant and perhaps not necessary.  Our delegation might agree, in theory, with this position, if this was an ideal world, free from the scourges of discrimination, oppression and racism.  

But the real situation faced on a daily basis by Indigenous Peoples in our homelands, as well as the positions taken by some of the states in this room over the last two days regarding Article 3, underscores the absolute necessity of reaffirming that the right of self determination as expressed in Article 1 of the covenants as a right of all peoples applies also, exactly as written, to indigenous peoples. 

This is the purpose of Article 3 of the Draft Declaration as it now exists, and the reason why is must be adopted in its current text with no changes or qualifications.

Both the logic and morality of this position, in keeping with the principles of equality and non-discrimination, is irrefutable.  It is therefore inexplicable to us that some states continue to attempt to exclude Indigenous Peoples from this right either by refusing to recognize us as peoples, or by proposing wording in this and other international standards which attempts to limit or curtail the right of Self-determination for Indigenous Peoples as compared to all the other Peoples of this world. 

This also reflects our firm position rejecting the proposals presented today by Canada and Australia for redrafting Article 3.

Article 31 in the current text is an example of the spirit of compromise in which the original drafting process of the Declaration took place in the Working Groups on Indigenous Populations over many years, including the participation of states, Indigenous peoples and UN experts.  Although some of the Indigenous delegations viewed  it at the time as either unnecessary given the full scope of Article 3, and even as a potential source of confusion in the future, the expert member of the WGIP who proposed the inclusion of article 31 as worded explained his reasoning for describing as a form, among the various possible manifestations or outcomes of the exercise of self-determination.  He presented the need to describe and underscore what is sometimes called autonomy or self-government as the aspiration of Indigenous peoples in some countries where there was no formal recognition of identity or land base whatsoever.  The article was accepted on that basis. 

In no way it was article 31 ever intended, either in wording or in spirit, to limit the broad right of self-determination as expressed in Article 3 of the Draft Declaration, the UN Charter and the International Human Rights Covenants.  It is incorrect and unacceptable that some states are now attempting to interpret it as a reduction or limitation of the universal right of self determination as now affirmed in Article 3 of the Declaration. 

The most objectionable and overtly discriminatory recent example of such an attempt is the proposed rewrite combining article 3 and 31 by the United States presented yesterday, which attempts to reduce the right of self-determination for Indigenous peoples to internal self governance within the framework of and subject to each country’s domestic laws and systems. 

We do not seek, through this United Nations standard setting process, to create new rights. But neither will we ever accept that Indigenous Peoples have lesser rights than other Peoples, nor will we ever accept a Declaration which so stipulates.  I think that no one here, in their heart of hearts, would expect that Indigenous Peoples would agree to any such proposals.                     

Regarding the amendments to the preamble as proposed by the delegation of Norway, the IITC maintains that first of all they are not necessary, because they excerpt from other standards and declarations currently in place.  More importantly, the IITC and our affiliates can not support this proposal because we believe that it distracts us from what should be the primary focus of our discussion on the Articles addressing Self-determination, which is the equality of rights for Indigenous Peoples. 

We believe that, however well intended as a way to ally the stated fears of some states, this proposal by Norway for amending preambular paragraph 15 implies special limitations on the right of self-determination for Indigenous Peoples, at least as it apparently was interpreted by some states in their responses to this proposal in the plenary session. 

Equal respect, equal dignity and equal recognition are what we seek regarding the full recognition of the right to Self Determination for Indigenous Peoples in the Draft Declaration. 

Mr. Chairman, as long as equal recognition of our rights continues to be seen as a potential threat by some states rather than as an opportunity to correct historic and ongoing wrongs against our peoples, and to forge a new relationships among Nations based on equality and mutual respect, we are still sadly far from being ready to resolve the basic issues which the Draft Declaration can and should be addressing.    

The core issue facing us today is to insure that the human rights affirmed for all Peoples under exiting human rights norms, standards, declarations and covenants are recognized with no special restrictions or qualifications for Indigenous Peoples. This is especially vital regarding our Right to Self Determination as affirmed in the current text of the Declaration. 

This is not a threat to states. It is an obligation as well as a historic opportunity for states as well as for the Indigenous Peoples gathered here today. 

Today, together we can uphold the principle of universal and equal recognition of the rights of all Peoples, and repudiate any attempts to discriminate and exclude Indigenous Peoples by the adoption of articles 3 and 31, along with article 36 on treaties, as they  are currently written.  Thank you.   

For all our relations.