International Day of the World’s Indigenous People celebrated

NEW YORK – People around the globe marked the International Day of the World’s Indigenous People Aug. 9 as the U.S. State Department continued its review of the federal government’s rejection of the U.N. Declaration on the Rights of Indigenous Peoples.

In Malaysia, there was a celebration on the beach with dancing, music and basket weaving. In New Delhi, around 80 tribal people from eight states dressed in traditional attire and came together to speak out about their struggles and ask for their rights as equal citizens.

In Costa Rica, two dozen indigenous protesters staged a sit-in at the Legislative Assembly and called on lawmakers to approve a labor union agreement regarding the autonomy of indigenous people, which was signed by Costa Rica in 1992, but never ratified.

And in California, the California Tribal Business Alliance was preparing to make a stand against non-indigenous casino developers who encourage Californian tribes to make land claims in more marketable locations outside their traditional homelands.

Susan E. Rice, the U.S. Permanent Representative to the United Nations, issued a prepared statement affirming the federal government’s “deep and abiding commitment to improving the lives of First Americans. The United States also recognizes the more than 370 million indigenous people who live in some 90 countries around the world. We honor their immeasurable contributions to society and call upon all nations to work together with indigenous communities to meet our common challenges.”

But one of the common challenges in meeting the commitment to improve the lives of indigenous peoples was the rejection by the governments of the U.S., Canada, New Zealand and Australia when the U.N. General Assembly adopted the U.N. Declaration on the Rights of Indigenous Peoples in September 2007 by a vote of 143-4. The four countries all have large indigenous populations whose aboriginal territories cover vast portions of the lands. Australia and New Zealand have since adopted the Declaration and Canada and the U.S. are reviewing their positions.

A coalition of socially responsible investor groups, which recently urged the federal government to endorse the Declaration without qualification said some companies have indicated that the U.S. rejection of the document has made it difficult for them to include the principles of the Declaration in their own corporate human rights policies.”

The International Day of the World’s Indigenous People was adopted by the U.N. General Assembly in 1994 as part of the International Decade of the World’s Indigenous People. The International Day has occurred on Aug. 9 every year since then. The International Decade was extended at the end of the first 10 years when the General Assembly adopted another resolution declaring the Second Decade of the World’s Indigenous People.

Among the Decade’s goals are the promotion of non-discrimination and inclusion of indigenous peoples in processes that develop laws, policies, resources and programs that directly or indirectly affect their lives, lands and territories; the protection of their cultural integrity and collective rights; and the development of strong monitoring and accountability at all levels of government regarding the implementation of these protections.

With the adoption of the Declaration, the world’s indigenous peoples reached a historic achievement toward realizing those goals and more.

“But indigenous peoples still suffer disproportionate poverty, poor health and racism. Their languages, religions and cultural traditions are often shunned,” said U.N. Secretary-General Ban Ki Moon at an International Day celebration recognizing the work of indigenous filmmakers at U.N. headquarters in New York where he addressed an audience of indigenous peoples.

The Declaration defines indigenous rights as human rights, and while it is non-binding it will become established international law through use over time.

The U.N. High Commissioner for Human Rights, Navi Pillay, acknowledged the progress made in turning human rights into a reality for indigenous peoples, “but this International Day of the World’s Indigenous Peoples is also an occasion to recall that there is no room for complacency. The continuing violations of the rights of indigenous peoples, in all regions of the world, deserve our utmost attention and action.”

The gap between the principles of the Declaration and the reality of indigenous peoples’ lives remains wide, Pillay said, “as indigenous peoples continue to suffer discrimination, marginalization in such fields as health and education, extreme poverty, disregard for their environmental concerns, displacement from their traditional lands and exclusion from effective participation in decision making processes.”

But support for the Declaration is expanding, including in the countries that originally voted against “this remarkable document,” Pillay noted.

Rice took the opportunity to point out actions the Obama administration has taken to strengthen the U.S. government’s “commitment to Native communities,” such as “unprecedented investments” for education, economic development, health care, programs to battle domestic violence and alcohol abuse, and by engaging in “meaningful government-to-government consultations,” including the White House’s mass tribal meeting last fall.

While these efforts are appreciated by tribal leaders, they universally have urged the Obama administration to endorse the Declaration without qualification.

Rice said the Obama administration is undertaking “an unprecedented review” of the Declaration and acknowledged its weight and importance.

“We recognize that for many around the world, the Declaration provides a critical framework for addressing the rights of indigenous peoples. It deserves a dedicated and comprehensive review.

“While the U.S. has taken several significant steps to date, we must continue to strive to give a greater voice to indigenous peoples and foster genuine positive change in tribal communities, in America and around the world.”

The federal government is consulting with tribal leaders and non-governmental organizations for input. Individuals can also e-mail their views through the State Department Web site – www.state.gov/s/tribalconsultation/declaration/index.htm.

Advances in the recognition of
indigenous rights since the adoption of the Declaration

In October 2007, the Chief Justice in Belize referred to the Declaration when deciding lands that were taken away from the Maya people by the government should be returned. The Chief Justice noted that Belize had voted for the Declaration, and the court quoted Article 26, which states that indigenous peoples have the right to the lands, territories and resources they have traditionally owned, occupied or otherwise used or acquired and that “States shall give legal recognition and protection to these lands, territories and resources” with “due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.”

In November 2007, the Inter-American Court of Human Rights invoked the Declaration in a ruling in favor of the Saramaka people in Suriname to settle a logging case. The court referred to Article 32, which affirms indigenous peoples’ “right to determine and develop priorities and strategies for the development or use of their lands.”
In February 2008, the government of Australia formally apologized to members of the “Stolen Generations” and their families for the policy of forced removal of indigenous children, which had devastating consequences for generations of indigenous Australians.
In April 2008, the House of Commons in Canada issued an endorsement of the Declaration, calling on the Parliament and government to “fully implement the standards contained therein.”
In June 2008, Prime Minister Stephen Harper of Canada offered an apology to the approximately 80,000 former students of Indian residential schools still living, and to their family members and their communities, for the forced removal of children from their homes.
Also in June 2008, the government of Japan formally recognized the Ainu people as indigenous people of Northern Japan. The resolution adopted by the Japanese Parliament states that the Ainu have a distinct language, religion and culture, recognizing that Japan is not an ethnically homogenous nation.
In Bolivia, a referendum to amend the Constitution in January 2009 resulted in approximately 60 percent of the population voting in favor of changes to give Bolivia’s indigenous majority more power. The new Constitution provides for dedicated seats in Congress and in the Constitutional Court for smaller indigenous groups and, among other things, grants autonomy to indigenous peoples that will allow them to practice community justice according to their own customs.
As part of the American Recovery and Reinvestment Act of February 2009, $510 million was allocated to be spent on the rehabilitation of Native American housing.
In its February 2009 report to the U.N. Permanent Forum on Indigenous Issues, Honduras stated that since 1995, the Honduran government has provided financial support for several indigenous programs, including $15 million for indigenous peoples’ education.

Since its adoption, the Declaration has been translated into some 15 indigenous and other languages in addition to the six official languages of the United Nations.

Source: www.un.org/indigenous.

International Day of the World’s Indigenous People celebrated

US acknowledges indigenous contributions while reviewing Declaration

By Gale Courey Toensing