International Indian Treaty Council

     CONSEJO INTERNACIONAL DE TRATADOS INDIOS

“WORKING FOR THE RIGHTS AND RECOGNITION OF INDIGENOUS PEOPLES"
   
 

 

 

 

 

UN Commission on Human Rights
Remarks by U.S. Delegate Luis Zuniga, Item 15: Indigenous issues
April 8, 2004

Over hundred years ago the United States was in conflict with the Native Peoples of America. In the hundred years since, the United States has adopted various policies from assimilation to the termination of tribal status to the current era of self-determination. And, history is witness; the United States did not always get it right.

Through it all, Native Peoples struggled to survive, to reclaim their strength, to heal their people. They fought to defend the land, America, through world wars, the conflicts of the cold war and now in the war against terrorism. As a percentage of the population of the United States of America, there are more Native Peoples protecting our land in this way than any other group. Their patriotism is evident. The United States is fortunate to have the native people at our side. The United States is proud to have a government-to-government relationship with over 560 Indian tribal governments within the U.S.

Tribal elders have said that the seventh generation of contact is a time for healing and reconciliation in all of the Americas. The United States of America could not agree more. Indigenous people in the Americas comprise the majority of the population in a number of countries in the hemisphere and a significant minority of the population in the remainder of the continent. We must work together. Political systems and political parties must ensure that they are fully open to participation of native peoples at all levels without discrimination. States must recognize the humanity and dignity of each indigenous person and put an end to discrimination. States must understand the human desire of indigenous peoples to have control over their own local affairs and work with them to meet their needs.

We welcome the efforts of Mexico, Peru and Guatemala and applaud their persistence in creating the Special Rapporteur. We encourage Mr. Stavenhagen to use his good offices and encourage dialogue between States and Indigenous communities. The U.S. supported the Danish initiative to create the Permanent Forum and have been watching its development. The Forum, still in its infancy, is beginning to fulfill the vision of mainstreaming the concerns of indigenous communities throughout the United Nations system. And the working group on the draft declaration continues its work to articulate international protection for indigenous people. With the Permanent Forum, the WGGD and the Special Rapporteur, the U.S. cannot continue to support the Working Group on Indigenous Populations. We believe the WGIP has been overcome by events and is now an obsolete bureaucracy, consumed by its own institutional interests and continues to absorb resources. It does not want to willingly fade away in favor of more valuable tools. But, unlike dinosaurs of ages past, WGIP will not itself spawn a lasting resource. WGIP has continued to consume scare resources at a time when the full range of indigenous issues is now being addressed by the permanent forum. The U.S. does not find this duplication of performance appropriate or justifiable. Mr. Chairman, Members of the Commission, the WGIP deserves a dignified funeral. Let us give its due. It is the time for WGIP to go.

The Working Group on the Draft Declaration on the « Rights of Indigenous Peoples » continues to struggle to achieve the decade’s goal of completing the work. This declaration is important, as it would have a worldwide impact from the Americas to Asia, to Africa, to Oceania, to Europe. It will apply to us all, even for those who say they are all « indigenous ». In this respect the draft declaration could have unintended consequences as its applicability makes clear that a unitary state would be unable to comply with its structure.

While the declaration as an instrument is an aspirational statement, the U.S. is aware that at least one regional body and a host of international human rights lawyers have begun to cite to the draft as an authoritative source. Let us be clear on the legal status of this draft. It is a draft and as such has no legal standing anywhere.

Much has been said about so-called U.S. obstructionism at the WGDD. The United States of America takes the work of itinerating a Declaration of Indigenous Peoples seriously. For this reason the U.S. has examined its position and has offered the notion of « internal self-determination ». The notion of « internal self-determination » recognizes that local authorities will and should make their own decisions and a range of issues from taxation to education to land resources management to membership. These are the powers of a government. This is the essence of a federal system with which we are quite comfortable. In this sense, the Draft Declaration is not a human rights instrument. Instead, it is a blueprint for how States ought to conduct relations with indigenous peoples. The United States stands ready to negotiate that kind of aspirational document. But we will not support continued negotiations on a Draft Declaration that pretended to re-order internal relationships within a sovereign democratic state. Neither can we accept the fiction put forward by the states that their native populations are not indigenous or that everyone in the population is indigenous and therefore the Declaration does not apply to those states.

 

The U.S. will insist that this Declaration must apply universally. The Organization of American States is working on a hemispheric Declaration and it is our hope that this declaration will address the unique circumstance in our hemisphere. For us a global declaration must meet the needs of indigenous peoples and States in Asia, Africa, Oceania and Europe.

In over a decade, the WHDD has approved only two Articles. The WGDD has not even been able to complete a first reading. The decade ends next year. We expect that at the 2005 Commission on Human Rights, this body will have to decide whether the process can continue. In our view, unless rapid progress is made, the CHR would not be using its resources responsibly if it continues this exercise. We urge the WGDD to make rapid progress based on principles that can apply everywhere to the benefit of native peoples and the nation states of which they are part. We hope that Declaration is possible before the end of the decade.

Thank you, Mr. Chairman.

 

 

Action Alerts /

Acciones Urgentes:

News Release: Canadian Parliament Calls for Implementation of the UN Declaration on the Rights of Indigenous Peoples, April 9, 2008 (PDF 51K)

The Ngäbe Indigenous peoples of Panama request urgent international support, March 31st 2008

Solicitud de ayuda internacional del pueblo Ngobe de charco la pava Urgente, 31 marzo, 2008

IITC Urgent Action Communication to the United Nations Human Rights System: Raids and arrests against Maori by the New Zealand government, October 17th, 2007 (PDF 48K)

March 7th, 2008: United Nations Body Expresses Concerns about Racism in the United States, Calls for the US to apply the UN Declaration on the Rights of Indigenous Peoples (PDF)

 

Important Updates

Noticias al Dia:

2008 International Indian Treaty Conference, Guatemala

SYMPOSIUM ON THE IMPLEMENTATION OF THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES” Monday April 21st, 2008, during UNPFII7 (PDF 555K)

Opening Statement of the Indigenous Caucus, 11th Meeting of Negotiations in the Quest for Points of Consensus, Organization of American States April 14th, 2008

Declaración de Apertura del Conclave de los Pueblos Indígenas XI Reunión de Negociaciones para la Búsqueda de Puntos de Consensos Organización de los Estados Americanos 14 de abril de 2008

Indigenous Peoples' Caucus, UN Permanent Forum on April 19th & 20th , 2008 (PDF 90K)

Web link for Longest Walk 2

IITC Human Rights Forum” may 9th 2008, Southern Illinois University (PDF 244K)

NEW! IITC Power point: “Indigenous Peoples’ Advocacy for a Rights and Culturally-based Approach to Food Security”, April 3, 2008 (9.4 MB PowerPoint Presentation)

Treaty Conferences/2008 Guatemala, “Provisional Conference Agenda” (PDF 28K)

The UN Declaration on the Rights of Indigenous Peoples, Treaties and the Right to Free, Prior and Informed Consent: The Framework For a New Mechanism for Reparations, Restitution and Redress, submitted by the IITC to the UN Permanent Forum on Indigenous Issues Seventh Session (UNPFII7) (PDF 80K)

NEW save the dates, 34th Anniversary Treaty Conference, Chimaltenango Guatemala, June 19th – 22nd 2008 (PDF 448K)

Aparte las fechas, Asamblea Anual XXXIV del Consejo Internacional de Tratados Indios junio 19 a 22 de 2008, Chimaltenango, Guatemala (PDF 138K)

Report of the North America Preparatory meeting for UNPFII7, Vancouver Canada, February 22nd and 23rd 2008 (PDF 168K)

Hawaiian Land Rights decision by Hawaiian Supreme Court, Nation of Hawaii calls upon Legislature to "Cease and Desist", February 8, 2008

Indigenous Shadow Report to UN CERD highlights Racism by United States, February 5th 2008

Peoples’ Shadow Report to the CERD on the United States submitted by IITC January 2008 (PDF 400 KB)

New IITC Brochure

33rd annual Alcatraz Sunrise Gathering, November 22nd 2007 (PDF 209K)

FINAL REPORT FROM THE INDIGENOUS PEOPLES’ BORDER SUMMIT OF THE AMERICAS II SAN XAVIER DISTRICT TOHONO O’ODHAM NATION NOVEMBER 7-10, 2007

Live Web Casts from the Indigenous Peoples’ Border Summit II, San Xavier, Arizona November 7 – 10, 2007

PUBLIC FORUM, Local Indigenous Environmental and Sacred Sites Issues, Saturday, November 17 U of A College of Law, Tucson AZ

Report of the Special Rapporteur on the Right to Food to UN Human Rights Council and General Assembly , May 2007 (see page 44 on Indigenous Peoples in California and Alaska, USA) PDF 243K

Alberta Chiefs of Treaty 6, 7 & 8 Express Disappointment Re: Canadian Federal Government "Throne Speech", October 19th 2007 (PDF 50K)

AGROQUIMICOS: LA AMENAZA A NUESTRA SALUD COMUNITARIA Y AL MEDIO AMBIENTE/ Pesticides: The Threat to our Community Health and the Environment, AHOME, SINALOA, Mexico, Octubre 26 - 28 2007, October 26 – 28, 2007 (PSD 52K)

IITC Training Manual for filing “Shadow Reports” for the review of the United States by the UN Committee on the Elimination of All Forms of Racial Discrimination (CERD), October 17th, 2007 (PDF 578K)

IITC Human Rights Training Novmeber 8th 2007, during the Indigenous Peoples’ Border Rights Summitt II, San Xavier Arizona! (PDF 79K)

UN Declaration for the Rights of Indigenous Peoples adopted by the UN General Assembly September 13th, 2007!

UN Declaration on the Rights of Indigenous Peoples as adopted by the UN General Assembly September 13th 2007 (PDF 56k)

Declaracion de las Naciones Unidas sobre los derechos de los Pueblos Indigenas, adoptada por la Asemblea General el 13 de septiembre de 2007 (PDF 60K) 

IITC Statement on the Adoption of the Declaration on the Rights of Indigenous Peoples, September 16th 2007 (PDF 200K)

US Statement against the adoption of the Declaration on the Rights of Indigenous Peoples, September 13th 2007 (PDF 53K)

CSD 15th session, 2007, April 30 - May 11, 2007

Link for the COMMITTEE FOR THE ELIMINATION OF RACIAL DISCRIMINATION, Seventieth session, 19 February – 9 March 2007,  Concluding observations re: CANADA/ COMITÉ PARA LA ELIMINACIÓN DE LA DISCRIMINACIÓN RACIAL, Septuagésimo período de sesiones, 19 de febrero – 9 de marzo de 2007,  Observaciones finales sobre CANADA

Appointment of Indigenous UNPFII members (2008-2010) announced, April 20, 2007

Treaty Council News Winter 2007 (PDF 1MB)

IITC Submission to the UN High Commissioner on Human Rights for her study on the Human Right to Water, April 15th, 2007 (PDF 136k)

Pesticides are Poison” booklet now available online

Los Plaguicidas son Venenos” manual ahora disponible en internet

UN Web page, Indigenous Peoples and Treaties, the UN Treaty Study Expert Seminars