The Indigenous Protest...continues
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URGENT ACTION

by Joshua Cooper, UNPO Senior Advisor

The nonviolent vigilance of the indigenous peoples continue to frame the
diplomatic framework of process and substance in the third day of the
10th United Nations Commission on Human Rights Working Group on the
Declaration on the Rights of Indigenous Peoples.
The multitude of meetings pepper the rooms of the UN Palais des Nations
with indigenous peoples, government representatives, NGOs and UN staff
gathering to carry out the necessary negotiations to aim for adoption of
a declaration on the rights of indigenous peoples.
The first example of the political efficacy of the indigenous peoples
was the full plenary meeting of the working group to focus on an article
the indigenous peoples demanded to be included in the negotiations on
land, territories and natural resources section.
The entire plenary session meeting focused on article 29 covering
indigenous peoples' entitlements to the recognition of full ownership,
control and protection of cultural and intellectual property focusing on
special measures to control, develop and protect sciences, technologies
and cultural manifestations, including human and other genetic
resources, seeds, medicines, knowledge of the properties of fauna and
flora, oral traditions, literatures, designs and visual and performing
arts.
The chair had not originally scheduled sufficient time in the plenary
session schedule. The indigenous peoples mounted a diplomatic movement
to maneuver for a review of this important article on Tuesday and were
able to see the results with discussion of article 29 being the only
articles discussed in the full meeting at the opening of the third day
with the rest of the day consisting of facilitation of various articles
in the assigned facilitator meeting groups based on areas of self-
determination, land, territories and natural resources as well as
treaties.
The negotiation on article 29 began with an intervention by New Zealand
maintaining the content of the article was being negotiated in other UN
forums. Indigenous peoples responding in solidarity rejected this view
and encouraged even an improved text that would include the current
challenges facing indigenous peoples due to the agenda of the World
Trade Organization and the World Intellectual Property Organization.
Indigenous speaker after speaker supported the Sub-Commission text while
also sharing recent examples in the indigenous homelands that require
enhanced text that offers effective protection of the human rights of
indigenous peoples.
During the hour plus negotiation in the plenary session, indigenous
peoples maintained the necessity of the working group to adopt this
article based on a human rights framework as it is not being done in the
other respective UN forums. Indigenous peoples also insisted that the
meeting must meet its mandate for a declaration of rights and that these
rights should guide the other UN forums on the direction in this
important field. There were repeated calls that the declaration must
unequivocally have a rights based approach. One speaker noted that the
other UN bodies mandates aren't focused on human rights and the current
systems of western intellectual property regimes cannot cover indigenous
traditional knowledge noting the need for language that reflects the
growing challenges in this field of international law. An indigenous
leader urged the adoption of the declaration and specifically article 29
to play a lead role in advancing the rights framework to defend cultural
heritage and expression. Numerous indigenous speakers moved beyond the
original text to support the proposed text of the Sami Council and
Tebtebba, two organizations actively mobilizing in their respective
regions against the corporatization of their cultures.
Indigenous peoples also lobbied for the inclusion of sport to be added
to the content of article 29.
The chair announced the remaining meeting time of the day would continue
with the format of facilitator's meetings co-chaired by indigenous
leaders and government representatives where informal, informal
dialogues could continue the dynamic dialogue to explain positions and
reach consensus.
The remaining of the morning allowed for interested participants to
provide proposals for articles covering land, territories, and natural
resources that continued into the afternoon session from 3 to 5 p.m. The
result of the discussions on articles 25, 26 and 27 illustrated the
constructive conversations moving closer toward cooperation and
consensus. Brazil, Guatemala and Juan Leon co-chaired the facilitation.
Another important facilitator's meeting took place during the
traditional break period of the United Nations focusing on treaties
specifically article 36 headed by Willie Littlechild. From 2 p.m. - 4
p.m., governments and indigenous peoples exchanged views based on
historical experiences and important future direction in this field. In
this area as well as other facilitator's meetings throughout the day in
various rooms, obstructionist options presented by states attempting to
thwart the growing consensus were stumped by legal and policy questions
by their country colleagues and stammered by statements from indigenous
peoples.
The self-determination facilitation continued today with a more narrow
focus in a smaller meeting with interested participants exploring
additional proposals. Entrance to this meeting was contingent on
participants providing a proposal. The proponents of new language on
article three were collected for the next regular facilitation meeting
scheduled as of now for Friday, the final day of the 10th session.
Indigenous peoples even maneuvered between the meeting rooms through the
translator's tunnel to be able to follow the negotiations more closely
in the multiple meetings throughout the entire third day.
Indigenous peoples also found time in the third day to meet in regions
to decide on possible lists of articles that were then presented as
proposals for provisional adoption in the Indigenous Peoples Caucus at
the conclusion of the day.
The proposals for provisional adoption will be discussed in the next
days session as a new facilitators meeting with Spain and Les Malezer
spearheading the effort to explore government and indigenous peoples
proposals in a cross cutting group. This mechanism to examine cross-
cutting themes will examine the possible proposals for provisional
adoption beginning tomorrow.
The hunger strike and spiritual fast continued on the third day. A
bulletin board is covered almost entirely with supporting statements
arriving into the Palais des Nations via fax and electronic mail
arriving from the seven regions of the indigenous world. Indigeneva
along with the International Indian Treaty Council monitor the incoming
support.
Charmaine White Face, a Lakota grandmother, has carried out the hunger
strike to highlight issues and concerns but also for spiritual reasons
in the traditional manner foregoing all food and liquids during the
period of the strike. Charmaine White Face remains standing steadfast
during the discussions displaying the discipline and determination in
her peaceful protest for the human rights of indigenous peoples. During
the lunch break, the UN medical staff came to provide medical assistance
to Alexis Tio uka, Kalina, French Guyana. Alexis continues to
participate after receiving oxygen and an examination.
Indigenous peoples remain concerned about proposed developments that
would replace the Sub-Commission text as the basis for future
negotiations and continue to organize to support the original Sub-
commission language as the primary and minimum standards for the
recognition of the human rights of indigenous peoples. The possibility
of a subjective chairman's consolidated text as the basis for future
discussions or negotiations is not supported by indigenous peoples as it
would den the voice of indigenous peoples negotiating for decades in the
international arena.
Indigenous peoples continue into the fourth day committed to the rights
based approach enshrined in the Sub-Commission text while striving to
recognize the developments in the previous decade since its adoption in
the 26 member body. The fourth day will continue in similar manner as
the second and third day with a multitude of meetings in full plenary
and facilitator structure.