INTERNATIONAL HUMAN RIGHTS DAY

STATEMENT BY THE INDIGENOUS CAUCUS


This statement is issued by representatives of Indigenous Peoples, nations
and organizations who are meeting in Geneva on the occasion of International
Human Rights day, 10 December 2002.

As the world community may know, the United Nations draft Declaration on the
Rights of Indigenous Peoples represents a statement of the minimum standards
by which Indigenous Peoples will be able to maintain and sustain their
distinct nations, peoples and communities.

We call upon the United Nations to confirm the rights of Indigenous Peoples,
so that marginalisation and manifest discrimination against Indigenous
Peoples around the world can be addressed.

At this time, State members of the United Nations continue to express an
unwillingness to recognize and respect our fundamental collective and
individual human rights, including that of self-determination, which is
considered a pre-requisite to the exercise of all rights.

Indigenous Peoples are peoples and have the full right to
self-determination.

The Declaration on the Rights of Indigenous Peoples was approved by the
Sub-Commission on Prevention of Discrimination and Protection of Minorities
eight years ago, but only two of the forty five (45) articles have been
subsequently endorsed in the working group.

That achievement was made five years ago, in the second session of the
working group. Progress has been unnecessarily slow.

The Member states of the United Nations should be more motivated to achieve
the objective of the adoption of the Declaration within the International
Decade of Indigenous Peoples, that is, by Year 2004. But our rights, as
affirmed in the declaration, must not be compromised in that time.

Presently, some States are not prepared to recognize the universality of the
human rights which apply to Indigenous Peoples.

However, we also note that a growing number of States are prepared to adopt
the declaration without amendment.

We are encouraged by this support and request all States to seriously
consider adoption of the declaration in the original text.

Clearly, the reticence of some States to make their domestic policies
subject to international standards has to be overcome.

We reject the erroneous allegations that Indigenous Peoples are not prepared
to consider reasonable changes to the Declaration. We have always made it
clear that any proposals for change should comply with the principles of
equality, non-discrimination and the absolute prohibition of racial
discrimination, which is peremptory norm under international law

In this regard, nation state members of the UN have no authority to advance
proposals and positions which are inconsistent with these principles or
which violate existing peremptory norms.

This is a violation of the fundamental principle that human rights are
universal, and would undermine the existing rights embraced by the United
Nations Charter and the International Bill of Rights.


BACKGROUND

Approximately two hundred delegates, representing Indigenous Peoples,
nations and organizations from all regions of the world, are participating
in a United Nations meeting in Geneva to consider the draft Declaration of
the Rights of Indigenous Peoples.

The Declaration affirms that Indigenous Peoples are equal in dignity and
rights to all other peoples and recognizes the right of all peoples to be
different, to consider themselves different, and to be respected as such.

The Declaration also affirms that all peoples contribute to the diversity
and richness of civilizations and cultures, which constitute the common
heritage of humankind.

The Declaration affirms, promotes and protects the distinct rights of
Indigenous Peoples, including self- determination and participation in
decision-making; land rights and environment; religious practices; language
and oral traditions; and access to education in our own language.

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The two articles which have been adopted in the first reading are as
follows:

Article 5
Every indigenous individual has the right to a nationality.

Article 43
All the rights and freedoms recognized herein are equally guaranteed to male
and female indigenous individuals.
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CONTACT: Les Malezer - Telephone + 61 419 710720