IPS-English RIGHTS: No Declaration for Indigenous Peoples This Date: Thu, 22 Dec 2005 20:32:03 -0800 ROMAIPS WD HD PR IP IN=20 RIGHTS: No Declaration for Indigenous Peoples This Year - Maybe Next By Gustavo Capdevila GENEVA, Dec 22 (IPS) - The long-awaited international declaration on the=20 rights of indigenous peoples may see the light of day in 2006, after more= =20 than 10 years of complex efforts by a United Nations working group, exper= ts=20 announced. The negotiations that took place this year gave rise to a glimmer of hope= =20 that the next session of the U.N. Commission on Human Rights, to be held = in=20 March and April, might approve the Declaration of the Rights of Indigenou= s=20 Peoples. The U.N. estimates that there are about 300 million people belonging to=20 indigenous communities in more than 70 countries around the world. It poi= nts=20 out that they are among the most marginalised people in the world in=20 economic, social and cultural terms. Over the space of a decade, the working group on the draft declaration on= =20 the rights of indigenous people, made up of representatives of government= s=20 and indigenous communities, had barely managed to reach agreement on two=20 articles, and these in fact dealt with collateral issues. But in the Dec. 5-16 session in Geneva, the working group finished drafti= ng=20 10 paragraphs of the preamble to the declaration, as well as 14 articles,= =20 which can be considered as already approved, representing very concrete=20 results, said Luis Enrique Ch=E1vez, from Peru, who chairs the group. Victoria Tauli Corpuz, representing the Tebtebba Foundation, an indigenou= s=20 association in the Philippines, said the adopted articles were very=20 important because many of them are related to the key issues that indigen= ous=20 people would like to see in the declaration. But Tauli Corpuz acknowledged to IPS that the working group has not yet=20 begun the process of provisionally adopting articles related to self=20 determination, lands, territories, and resources, because =94these are th= e=20 most difficult articles to negotiate.=94 =94Anyhow, I think that it's a very good indication of progress,=94 said = Tauli=20 Corpuz, one of the eight indigenous representatives on the Permanent Foru= m=20 on Indigenous Issues that functions at the U.N. headquarters in New York,= =20 and includes another eight state delegates. However, Sa=FAl Vicente V=E1zquez, from Mexico, representing the Internat= ional=20 Indian Treaty Council (IITC), said indigenous people are disheartened by = the=20 ten-year dialogue with the governments. The representatives of indigenous people analysed the possibility of=20 accepting the draft text of some articles proposed by the governments, in= =20 order to finally obtain a declaration. The draft declaration apparently bothers some member states, which have=20 thrown up hurdles and attempted to limit the rights outlined in the text,= =20 said V=E1zquez. Most governments have taken a positive attitude, although unfortunately=20 there are some powerful states that are clearly opposed to the establishm= ent=20 of indigenous peoples' rights, he maintained. He specifically mentioned Australia, the United States, Britain and New=20 Zealand as the countries that are opposed to recognising indigenous peopl= es'=20 rights to self determination, and to their own land, territories, and=20 natural resources. Ch=E1vez, however, said he had found goodwill on both sides during the=20 debates, particularly in the negotiations over the more sensitive issues.= =20 =94We have managed to close much of the gap between the texts, and althou= gh=20 there are still differences, these are about ideas, not words,=94 said th= e=20 Peruvian diplomat. The issue of self determination is limited to a debate between the=20 indigenous peoples, who present their legitimate aspirations, and the sta= tes=20 that describe what they think is reasonable and possible to respect and=20 fulfil in given circumstances, Ch=E1vez said. The two supreme treaties, the International Covenant on Civil and Politic= al=20 Rights and the International Covenant on Economic, Social and Cultural=20 Rights, guarantee that =94all peoples have the right to self determinatio= n.=94 =94By virtue of that right they freely determine their political status a= nd=20 freely pursue their economic, social and cultural development,=94 the=20 covenants add. A similar text was proposed by the U.N. Sub-Commission on Human Rights to= =20 solve the problem of self-determination in the draft Declaration on the=20 Rights of Indigenous Peoples. But Australia, the United States and New Zealand told the working group t= hat=20 Article 3 on self-determination in the draft declaration =94cannot be a r= ote=20 repetition=94 of Article 1 of the two international conventions. The three countries said the working group =94must explain in this declar= ation=20 exactly what is meant by the term self-determination as relates to=20 indigenous peoples.=94 In the working group debates, =94We have also heard the assertion that th= e=20 right in Article 3 may include secession or independence, or=20 self-government, or free association, for example,=94 the three countries= said=20 in a joint statement. The text that they proposed states that self-determination =94shall not b= e=20 construed as authorising or encouraging any action which would dismember = or=20 impair, totally or in part, the territorial integrity or political unity = of=20 sovereign and independent States.=94 Tauli Corpuz said the statement reflected the three countries' fears and=20 concerns, and showed that they want to ensure that the right of=20 self-determination does not lead to secession. Indigenous peoples maintain that if it is agreed that they have the right= to=20 self-determination, limiting that right would be discriminatory. =94Why i= s=20 (self-determination according to the two international treaties) allowed = for=20 other people but not for indigenous peoples?=94 Tauli Corpuz protested. In any case, those indigenous communities that have =94an agenda for=20 secession=94 will go ahead with or without any U.N. declaration, she=20 insisted. Tauli Corpuz gave short shrift to the idea that after a declaration which= =20 recognises their right to self-determination is adopted, indigenous peopl= e=20 =94will suddenly go out of their way and secede. That's not the reality i= n our=20 world today.=94 In spite of these difficulties, Ch=E1vez believes it will be possible to=20 present a text for adoption by consensus at the last session of the worki= ng=20 group, to be held in Geneva Jan.30-Feb.3. As a last resort, Ch=E1vez could turn to the Commission on Human Rights=20 itself, with a draft declaration that could be adopted by the Commission = as=20 the highest U.N. body on the issue. Another option is for the Commission = to=20 authorise a new period of working group sessions to finalise the text of = the=20 declaration over the next year. ***** + Working Group on the Draft Declaration on the Rights of Indigenous Peop= les=20 (http://www.ohchr.org/english/issues/indigenous/groups/groups-02.htm) (END/IPS/WD HD PR IP IN/TRASP-VD-SW/PC/DCL/05)=20 =20 =3D 12230122 ORP003 NNNN