UN DELARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

For information media • not an official record


Note: This is the latest version of the Draft United Nations Declaration on the Rights of Indigenous Peoples. As soon as a new draft is released we will update this page to reflect the changes made by the Working Group.
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UNITED
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COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and Protection of Minorities
Forty-fifth session
Agenda Item 14

DISCRIMINATION AGAINST INDIGENOUS PEOPLES
Report of the working group on indigenous
populations on its eleventh session
Chairperson-Rapporteur: Ms. Erica-Irene A. Daes

ANNEX I

DRAFT DECLARATION AS AGREED UPON BY THE MEMBERS OF THE WORKING GROUP AT ITS ELEVENTH SESSION

AFFIRMING that indigenous peoples are equal in dignity and rights to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,

AFFIRMING ALSO that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,

AFFIRMING FURTHER that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin, racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust,

REAFFIRMING also that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,

CONCERNED that indigenous peoples have been deprived of their human rights and fundamental freedoms, resulting, inter alia, in their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,

RECOGNIZING the urgent need to respect and promote the inherent rights and characteristics of indigenous peoples, especially their rights to their lands, territories and resources, which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies,

WELCOMING the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring an end to all forms of discrimination and oppression wherever they occur,

CONVINCED that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,

RECOGNIZING ALSO that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment,

EMPHASIZING the need for demilitarization of the lands and territories of indigenous peoples, which will contribute to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world,

RECOGNIZING in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children,

RECOGNIZING ALSO that indigenous peoples have the right freely to determine their relationships with States in a spirit of coexistence, mutual benefit and full respect,

CONSIDERING that treaties, agreements and other arrangements between States and indigenous peoples are properly matters of international concern and responsibility,

ACKNOWLEDGING that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights affirm the fundamental importance of the right of self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development,

BEARING IN MIND that nothing in this Declaration may be used to deny any peoples their right of self-determination,

ENCOURAGING States to comply with and effectively implement all international instruments, in particular those related to human rights, as they apply to indigenous peoples, in consultation and cooperation with the peoples concerned,

EMPHASIZING that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples,

BELIEVING that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field,

SOLEMNLY PROCLAIMS the following United Nations Declaration on the Rights of Indigenous Peoples:

PART I

Article 1
Indigenous peoples have the right to the full and effective enjoyment of all human rights and fundamental freedoms recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.

Article 2
Indigenous individuals and peoples are free and equal to all other individuals and peoples in dignity and rights, and have the right to be free from any kind of adverse discrimination, in particular that based on their indigenous origin or identity.

Article 3
Indigenous peoples have the right of self- determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Article 4
Indigenous peoples have the right to maintain and strengthen their distinct political, economic, social and cultural characteristics, as well as their legal systems, while retaining their rights to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 5
Every indigenous individual has the right to a nationality.

PART II

Article 6
Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and to full guarantees against genocide or any other act of violence, including the removal of indigenous children from their families and communities under any pretext.

In addition, they have the individual rights to life, physical and mental integrity, liberty and security of person.


Article 7
Indigenous peoples have the collective and individual right not to be subjected to ethnocide and cultural genocide, including prevention of and redress for:

(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;

(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

(c) Any form of population transfer which has the aim or effect of violating or undermining any of their rights;

(d) Any form of assimilation or integration by other cultures or ways of life imposed on them by legislative, administrative or other measures;

(e) Any form of propaganda directed against them.

Article 8
Indigenous peoples have the collective and individual right to maintain and develop their distinct identities and characteristics, including the right to identify themselves as indigenous and to be recognized as such.

Article 9
Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No disadvantage of any kind may arise from the exercise of such a right.

Article 10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

Article 11
Indigenous peoples have the right to special protection and security in periods of armed conflict.

States shall observe international standards, in particular the Fourth Geneva Convention of 1949, for the protection of civilian populations in circumstances of emergency and armed conflict, and shall not:

(a) Recruit indigenous individuals against their will into the armed forces and, in particular, for use against other indigenous peoples;

(b) Recruit indigenous children into the armed forces under any circumstances;

(c) Force indigenous individuals to abandon their lands, territories or means of subsistence, or relocate them in special centres for military purposes;

(d) Force indigenous individuals to work for military purposes under any discriminatory conditions.

PART III

Article 12
Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artifacts, designs, ceremonies, technologies and visual and performing arts and literature, as well as the right to the restitution of cultural, intellectual, religious and spiritual property taken without their free and informed consent or in violation of their laws, traditions and customs.

Article 13
Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of ceremonial objects; and the right to the repatriation of human remains.

States shall take effective measures, in conjunction with the indigenous peoples concerned, to ensure that indigenous sacred places, including burial sites, be preserved, respected and protected.


Article 14
Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.

States shall take effective measures, whenever any right of indigenous peoples may be threatened, to ensure this right is protected and also to ensure that they can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.


PART IV

Article 15
Indigenous children have the right to all levels and forms of education of the State. All indigenous peoples also have this right and the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.

Indigenous children living outside their communities have the right to be provided access to education in their own culture and language.

States shall take effective measures to provide appropriate resources for these purposes.


Article 16
Indigenous peoples have the right to have the dignity and diversity of their cultures, traditions, histories and aspirations appropriately reflected in all forms of education and public information.

States shall take effective measures, in consultation with the indigenous peoples concerned, to eliminate prejudice and discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all segments of society.


Article 17
Indigenous peoples have the right to establish their own media in their own languages. They also have the right to equal access to all forms of non-indigenous media.

States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity.


Article 18
Indigenous peoples have the right to enjoy fully all rights established under international labour law and national labour legislation.

Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour, employment or salary.


PART V

Article 19
Indigenous peoples have the right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

Article 20
Indigenous peoples have the right to participate fully, if they so choose, through procedures determined by them, in devising legislative or administrative measures that may affect them.

States shall obtain the free and informed consent of the peoples concerned before adopting and implementing such measures.


Article 21
Indigenous peoples have the right to maintain and develop their political, economic and social systems, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. Indigenous peoples who have been deprived of their means of subsistence and development are entitled to just and fair compensation.

Article 22
Indigenous peoples have the right to special measures for the immediate, effective and continuing improvement of their economic and social conditions, including in the areas of employment, vocational training and retraining, housing, sanitation, health and social security.

Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and disabled persons.


Article 23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to determine and develop all health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

Article 24
Indigenous peoples have the right to their traditional medicines and health practices, including the right to the protection of vital medicinal plants, animals and minerals.

They also have the right to access, without any discrimination, to all medical institutions, health services and medical care.

PART VI

Article 25
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual and material relationship with the lands, territories, waters and coastal seas and other resources which they have traditionally owned or otherwise occupied or used, and to uphold their responsibilities to future generations in this regard.

Article 26
Indigenous peoples have the right to own, develop, control and use the lands and territories, including the total environment of the lands, air, waters, coastal seas, sea-ice, flora and fauna and other resources which they have traditionally owned or otherwise occupied or used. This includes the right to the full recognition of their laws, traditions and customs, land-tenure systems and institutions for the development and management of resources, and the right to effective measures by States to prevent any interference with, alienation of or encroachment upon these rights.

Article 27
Indigenous peoples have the right to the restitution of the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, occupied, used or damaged without their free and informed consent. Where this is not possible, they have the right to just and fair compensation. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status.

Article 28
Indigenous peoples have the right to the conservation, restoration and protection of the total environment and the productive capacity of their lands, territories and resources, as well as to assistance for this purpose from States and through international cooperation. Military activities shall not take place in the lands and territories of indigenous peoples, unless otherwise freely agreed upon by the peoples concerned.

States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands and territories of indigenous peoples.

States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.


Article 29
Indigenous peoples are entitled to the recognition of the full ownership, control and protection of their cultural and intellectual property.

They have the right to special measures to control, develop and protect their 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.


Article 30
Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands, territories and other resources, including the right to require that States obtain their free and informed consent prior to the approval of any project affecting their lands, territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. Pursuant to agreement with the indigenous peoples concerned, just and fair compensation shall be provided for any such activities and measures taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

PART VII

Article 31
Indigenous peoples, as a specific form of exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, including culture, religion, education, information, media, health, housing, employment, social welfare, economic activities, land and resources management, environment and entry by non-members, as well as ways and means for financing these autonomous functions.

Article 32
Indigenous peoples have the collective right to determine their own citizenship in accordance with their customs and traditions. Indigenous citizenship does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.

Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.


Article 33
Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive juridical customs, traditions, procedures and practices, in accordance with internationally recognized human rights standards.

Article 34
Indigenous peoples have the collective right to determine the responsibilities of individuals to their communities.

Article 35
Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with other peoples across borders.

States shall take effective measures to ensure the exercise and implementation of this right.


Article 36
Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors, according to their original spirit and intent, and to have States honour and respect such treaties, agreements and other constructive arrangements. Conflicts and disputes which cannot otherwise be settled should be submitted to competent international bodies agreed to by all parties concerned.

PART VIII

Article 37
States shall take effective and appropriate measures, in consultation with the indigenous peoples concerned, to give full effect to the provisions of this Declaration. The rights recognized herein shall be adopted and included in national legislation in such a manner that indigenous peoples can avail themselves of such rights in practice.

Article 38
Indigenous peoples have the right to have access to adequate financial and technical assistance, from States and through international cooperation, to pursue freely their political, economic, social, cultural and spiritual development and for the enjoyment of the rights and freedoms recognized in this Declaration.

Article 39
Indigenous peoples have the right to have access to and prompt decision through mutually acceptable and fair procedures for the resolution of conflicts and disputes with States, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall take into consideration the customs, traditions, rules and legal systems of the indigenous peoples concerned.

Article 40
The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established.

Article 41
The United Nations shall take the necessary steps to ensure the implementation of this Declaration including the creation of a body at the highest level with special competence in this field and with the direct participation of indigenous peoples. All United Nations bodies shall promote respect for and full application of the provisions of this Declaration.

PART IX

Article 42
The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.

Article 43
All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.

Article 44
Nothing in this Declaration may be construed as diminishing or extinguishing existing or future rights indigenous peoples may have or acquire.

Article 45
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations.

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© 1994-2007 Center For World Indigenous Studies

General Tony McPeak on Iraq War

Tony McPeak, War In Iraq,

Barack Obama put his political career on the line in 2002 to speak out against a "dumb war" and "a rash war" in Iraq. He warned of, "an occupation of undetermined length, at undetermined costs, with undetermined consequences." Read this speech - he got it right.

In his rush to misrepresent Senator Obama's record, Congressman McGovern forgot to include the last sentence of the quote that Obama gave to Tim Russert in 2004: "What I know is that from my vantage point the case was not made." He then said, "What I don't think was appropriate was the degree to which Congress gave the President a pass on this." And when Wolf Blitzer asked him a similar question at the time, he said, "I would've voted no."

Hillary Clinton made a different choice. For starters, she refused to even read the National Intelligence Estimate that was made available to Senators before the vote for war - an NIE that was so thin that Bob Graham, the Chairman of the Intelligence Committee, decided to vote against the war when he read it.

In defending her vote for war on the floor of the United States Senate, Clinton invoked connections between al Qaeda and Saddam Hussein that did not exist, and took a card out of George Bush and Rudy Giuliani's playbook, invoking 9/11 as a reason to invade a country that had nothing to do with 9/11: "I think New Yorkers who have gone through the fires of hell may be more in tune to the risk of not acting. I know that I am." She even refused to vote for an alternative resolution that would have required the President to try diplomacy before war.

Indeed, Senator Clinton continued to serve as one of President Bush's chief Democratic cheerleaders, issuing a statement on the eve of war saying the she, "fully supports the steps the president has taken to disarm Iraq of weapons of mass destruction." On the President's failure to achieve meaningful international support, she said, "I don't think it's useful now to go back and Monday morning quarterback."

Instead of speaking out when the war polled well, she waited until she was preparing to run for President to discover that she opposed the war. Congressman McGovern says he'd rather focus on what's next. Fair enough. Even today, Senator Clinton still has not advocated any timeline for removing our troops, and envisions the most expansive mission for our troops in Iraq of all the Democratic candidates: countering Iran, force protection, training Iraqis, countering al Qaeda, and striking "other terrorist organizations in the region." She is also the only Democratic candidate to follow John Kyl and Joe Lieberman's leadership in voting for an amendment that could be used to justify using our troops in Iraq against Iran.

So Congressman McGovern makes a curious case in citing Senator Clinton as the candidate with the best "experience" to end the war in Iraq. Her "experience" in her seven years in elected office includes voting for war, vocal support for war, advocating an expansive military role for the United States in Iraq for years to come, and giving George Bush the benefit of the doubt on Iran.

Barack Obama, on the other hand, opposed the war in Iraq in 2002, 2003, 2004, 2005, 2006, and 2007. Just this morning, the Washington Post feature "The Facts" found, "Of the major Democratic candidates, Barack Obama has been the most consistent on Iraq." Obama introduced comprehensive legislation to bring our troops home in January. He voted earlier this year to stop giving George Bush a blank check (Senator Clinton waited until after he voted, before casting her own vote). And he has proposed removing all of our combat brigades in sixteen months, and opposes using our troops in Iraq to counter Iran.

If the American people are looking for who has the strength and experience to end the war, they should look very carefully at who had the strength and experience to get Iraq right from the beginning. Because the Clinton campaign may be able to plant Senator Clinton's questions, but they can't change her record, or Senator Obama's answers.

EMERGENCY APPEAL: PLEASE READ

We are sending out this important message. There are currently approximately 15 people from Six Nations either detained or going through the court process as a result of defending their land rights. Information as to how you can contribute financially can be found at the end of this message.

***PLEASE FORWARD WIDELY*** Thursday October 25, 2007

Incarcerated Six Nations Man Threatened by Institutional Staff by Janie Jamieson Six Nations

Skylar Williams, a Mohawk Wolf from Six Nations has been held without bail at the Hamilton Barton St. Jail since the illegal arrests at Stirling Street September 19, 2007. Today we held a rally for him outside the jail where he has been in the "hole" for two days.

We have reason to believe if Skyler is harmed in anyway, we know he is the target of planned and deliberate threats and violence by jail institution staff members.

A few days ago Skylar woke up to find the plumbing in his cell on range
5 was backed up. He notified institution staff on his range. He was accused by staff of backing up the plumbing. The mess was left. Skylar asked for a drink of water, he was told by staff to drink from the toilet. Skylar responded, "there's sh*t" in there. The institution staff's paid professional advise to Skylar was to "take the sh*t out and then have a drink." Skylar refused and notified his lawyer of the situation. At this point Skyler was without clean water for approximately 18 hours.

Skyler's lawyer then notified another institutional staff member with a higher ranking position. The plumbing was fixed. Skyler left his cell but at lockdown upon his return, Skyler discovered the plumbing was mysteriously backed up again. The higher ranking institutional staff attempted to solve the problem by moving Skyler to another cell.

After this incident Skyler was approached by an institutional staff member and taken to a room with two other staff. At this point Skyler was told by the one of the staff that that particular staff member referred to himself as being "GOD" at Barton St. Jail. He then threatened Skyler by telling him if he and his lawyer didn't stop causing sh*$ for him, he was going to "fu*$" Skyler up. He also said he would have it arranged so Skyler's lawyer would have no access to him.

This staff member went on to inform Skyler of his plan to "fu*$" him up.
(There were 2 other staff present when this threat occurred.) According to the staff member Skyler's fate is supposed to happen in three steps...

1. Skyler would be given a "misconduct" by the institutional staff.

2. Skyler would then be sent to the "hole" for 3 days.

3. After Skyler was done in the "hole" he would immediately be sent to the range 3 of the jail.

Range 3 is where the men who are waiting to be tried for rape, murder and other serious crimes are held. Some of these men have already been convicted of such crimes and are waiting to be shipped off to federal institutions.

This is where men who have nothing left to lose are sent. In this range the inmates do special favours for the institutional staff for as little as an extra meal or coffee. It's a place where you simply do not "rat" on the institutional staff. Inmates are pitted against one another. It's also a place where Skyler was told, there are men as big as 321 pounds that could really "fu*$" him up. (The jail staff asked Skyler how much he weighed just to verify Skyler /would/ be quite smaller and at greater risk of being injured if sent to Range 3.)

Skyler was also told by the institutional staff the last guy they had "fu*$ed" up had to crawl to the jail cell door covered in blood. Skyler was told there were men in Range 3 "waiting" for his arrival. Skyler was advised by this paid government employee to "quit his bitc*ing" and "to take his lumps."

Skyler's lawyer spoke with the high ranking institutional staff and was told by him the only thing he could do to guarantee Skyler's safety was to put him in isolation where he would be under 24 hour video surveillance, however Skyler would have to give up the staff members' names who were threatening him.

Skyler's lawyer has already filed a motion for "habeus corpus" to have Skyler physically present in court tomorrow for his bail review.

Skyler's cell mate contacted his family this morning and informed them in the last 24 hours Skyler has been given a "MISCONDUCT" by staff and has been placed in "the hole" for 3 days.

The instituional staff member has kept his promise to threaten Skyler's life and safety. This staff member's plan is gone passed the first two stages.

Something needs to be done immediately to guarantee Skyler's safety and security. If there is interference in Skylers safety and security or if his life is put at risk we believe it would be the direct result of mistreatment at the discretion of institutional staff. We believe they are abusing their authority to ensure Skyler's life and well being is put at risk. We believe their attempts at intimidating Skyler are deliberate and being somewhat overlooked by senior institutional staff.

Let's hope Skyler will gets out of Barton St. Jail safely with his life. His bail review is at the Cayuga Courthouse tomorrow at 9:00am.

Please forward immediately.

niawen, skennen

Janie Jamieson Six Nations


Donations for Skyler's legal defense can be sent to:

BMO Ohsweken Branch Transit # 37522 Legal Fund 3014-873 and Site Fund 3014-929

Signatories are Josephine Sandy Donna Powless and Janie Jamieson

Cheques can be made payable to either the Six Nations Reclamation Legal Fund or the Six Nations Reclamation Site Fund

c/o Janie Jamieson RR#1 Ohsweken , ON. N0A 1M0

For more info e-mail DubbleJ71@aol.com

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