) ) ) ) ) ) ) ) )
) ) ) ) ) ) ) ) )
Soc SCi 102N: PHIC
Pre-UNDRIP
International
Conventions
Intructor : Jade R. Jovenal
) ) ) ) ) ) ) ) ) Intro
) ) ) ) ) ) ) ) )
TOPIC OVERVIEW
Early engagements of
indigenous peoples with
the international
community
) ) ) ) ) ) ) ) )
) ) ) ) ) ) ) ) )
TOPICS:
"Blue Water Thesis"
ILO Conventions
107 and 169
UN Development Decades
) ) ) ) ) ) ) ) ) WHAT IS THE UNITED NATIONS DECLARATION
) ) ) ) ) ) ) ) )
ON THE RIGHTS OF INDIGENOUS PEOPLE?
Human rights instruments include declarations, conventions and
treaties intended to define and uphold human rights in international law.
The Declaration contains 46 articles describing a variety of
collective and individual rights. It identifies states and
governments as responsible for protecting and upholding these
rights. Its goal is to defend the survival, dignity and well‐being of
Indigenous people.
UNDRIP, are not legally binding
) ) ) ) ) ) ) ) ) THE KEY RIGHTS SET FORTH IN UNDRIP
) ) ) ) ) ) ) ) )
the right to self‐determination;
the right to be recognized as distinct people.
the right to free, prior and informed consent;
the right to be free from discrimination.
) ) ) ) ) ) ) ) ) BACKGROUND
) ) ) ) ) ) ) ) )
"Working Group established in
The UN Working Group on accordance with Commission on
Indigenous Populations started Human Rights resolution 1995/32 of
drafting the Declaration on the 3 March 1995" to further elaborate
Rights of Indigenous Peoples in and negotiate the Draft."
1985. The drafting finished in 1993
and the following year the Sub-
Commission adopted the Draft and
submitted it to the Commission on
Human Rights.
) ) ) ) ) ) ) ) )
BLUE WATER THESIS
) ) ) ) ) ) ) ) )
Decolonization was one of the objectives of the UN. However, because of
the "blue water thesis" that only colonies overseas can be subjected to
decolonization procedures the indigenous peoples in independent
countries were considered outside of it, despite their being victims of
colonization.
Article 39 of the Inter-American Charter of Social Guarantees provided
that states in the Inter-American System should take "necessary
measures" to protect indigenous peoples' lives and property, "defending
them from extermination, sheltering them from oppression and
exploitation"
) ) ) ) ) ) ) ) )
) ) ) ) ) ) ) ) )
ILO CONVENTIONS 107 AND 169
107 Concerning the Protection and Integration of Indigenous and Other Tribal
and Semi-Tribal Populations in Independent Countries adopted on June 26,
1957.
107
Concerning Indigenous and Tribal Peoples in Independent Countries. As this was
meant to remove the assimilationist aspects of the previous Convention, it had
to reiterate in several preambular and operative paragraphs that it recognizes
the aspirations and rights of indigenous peoples to exercise control over their
own ways of life and economic development.
UN DEVELOPMENT DECADES
) ) ) ) ) ) ) ) )
) ) ) ) ) ) ) ) )
1 The UN Declaration on the Right to Development (RTD), which was finally adopted in
1986, was the result of the assertion by underdeveloped countries that their right to
develop has to be acknowledged and supported by the international community.
2 It was then sent to the 61st Session of the General Assembly, which at its session in
November 2006 decided to defer its adoption on the basis of an African States
resolution to further study the Declaration.
Indigenous peoples both from Africa and other regions waged a sustained
3 campaign to make the African Group of States understand that this Declaration
would not be a problem but a solution to some of the issues they face.
4 After more than two decades of work, the UN Declaration on the Rights of
Indigenous Peoples" was finally adopted by the 61st session of the General
Assembly through a vote of 143 in favor, four against and 11 abstentions.
) ) ) ) ) ) ) ) ) UNDRIP AND PERMANENT FORUM ON
) ) ) ) ) ) ) ) )
INDIGENOUS ISSUES.
This Declaration has the distinction of being the only Declaration in the UN
which was drafted with the rights-holders, themselves, the Indigenous
Peoples. We see this as a strong Declaration which embodies the most
important rights we and our ancestors have long fought for: our right of self-
determination, our right to own and control our lands, territories and
resources, our right to free, prior and informed consent, among others. Each
and every article of this Declaration is a response to the cries and
complaints brought by indigenous peoples before the UN-WGIP. This is a
Declaration which makes the opening phrase of the UN Charter, "We the
People ... " meaningful for 370 million indigenous persons all over the world.
) ) ) ) ) ) ) ) ) IN TERMS OF WHAT THE DECLARATION
) ) ) ) ) ) ) ) )
WILL MEAN FOR THE PERMANENT FORUM:
It will serve as the major framework for the Forum in providing advice to the
members-states of ECOSOC and the UN agencies, programmes and funds.
It is a key instrument and tool for raising awareness on indigenous peoples and
for monitoring progress on how their rights are protected, respected and
fulfilled, and how self-determined development is being achieved.
It fleshes out and facilitates the operationalization of the human rights-based
approach to development as it applies to indigenous peoples.
) ) ) ) ) ) ) ) ) IN TERMS OF WHAT THE DECLARATION
) ) ) ) ) ) ) ) )
WILL MEAN FOR THE PERMANENT FORUM:
It will serve as a guide for States, the UN System, indigenous peoples and civil
society in making the theme of the Second Decade of the World's Indigenous
People "Partnership for Action and Dignity" a reality.
As it sets the minimum international standards for the protection and
promotion of the rights of indigenous peoples, it will be the framework for
redesigning existing and future laws, policies, and programs on indigenous
peoples.
) ) ) ) ) ) ) ) ) Self-determined development and UNDRIP
) ) ) ) ) ) ) ) )
acknowledges the urgent need
recognizes that the historic
to respect and promote our
injustices we suffered,
inherent rights. which derive
through colonization and
from our cultures, economic,
dispossession of our lands,
social and political structures,
territories and resources,
our histories and worldviews
have prevented us from
and our rights to our lands,
exercising our right to
territories and resources.
development.
) ) ) ) ) ) ) ) ) Self-determined development and UNDRIP
) ) ) ) ) ) ) ) )
states unequivocally that we
stresses that the imperative
possess collective rights which are
to respect our indigenous
indispensable for our existence,
knowledge, cultures and
wellbeing and integral development
traditional practices is
as people.
crucial as these can
contribute to the goals of
sustainable and equitable
development.
) ) ) ) ) ) ) ) )
) ) ) ) ) ) ) ) )
"We have the right to determine and develop
priorities and strategies for the development or
use of our lands, territories and resources."
) ) ) ) ) ) ) ) )
Culture as development and Development as culture
) ) ) ) ) ) ) ) )
"The UNDRIP is an acknowledgement that indigenous peoples have not and
still do not enjoy the rights afforded to them by International Human Rights
Law on an equal and non-discriminatory basis. It does not establish special
rights for us but is an instrument that interprets how International Human
Rights Law applies to us, as distinct collectivities and as individuals"
The UNDRIP contains the basic principles and rights to be implemented if self-determined
development is to be achieved. xxx. The violation of the rights to lands, territories and
resources is also a violation of the rights to development and to culture.
The culture of indigenous people cannot be understood outside of their physical
environment, resources and traditional livelihoods.
) ) ) ) ) ) ) ) ) THE UNDP THEME FOR ITS 2004 HUMAN
DEVELOPMENT REPORT IN 2004
) ) ) ) ) ) ) ) )
"The UNDP theme for its 2004 Human Development Report in 2004"
to counter the Huntington view that the problems of the world today are rooted in
the clash of civilizations or cultures.
It shows that democracy and economic growth have proven to be inadequate to
bring about a more peaceful and prosperous world.
Developing and implementing multicultural policies which recognize and respect
differences in ethnicity, religion and cultures and promote diversity and cultural
freedoms are instead the paths to take for a more peaceful and secure world.
) ) ) ) ) ) ) ) ) CULTURAL LIBERTY IN TODAY'S DIVERSE
) ) ) ) ) ) ) ) )
WORLD,"
World Bank Operational Policy 4.10 on Indigenous Peoples (2005)
Inter-American Development Bank Operational Policy on Indigenous
Peoples and Strategy for Indigenous Development (2006)
Asian Development Bank Policy on Indigenous Peoples (1998)
) ) ) ) ) ) ) ) )
CONCLUSION
) ) ) ) ) ) ) ) )
"Indigenous peoples and individuals are free
and equal to all other peoples and individuals
and have the right to be free from any kind of
discrimination."
United Nations Declaration on the Rights of Indigenous People
