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Glimpse on UN Declaration on the Rights of Indigenous Peoples
THE UN Declaration on the Rights of Indigenous Peoples 2007 deals with the rights of indigenous peoples in areas such as self-determination, culture and language, education, health, housing, employment, land and resources, environment and development, intellectual and cultural property, indigenous law and treaties and agreements with governments. Here are some highlights of the Declaration in plain language.
Preamble
The Preamble lists some of the reasons, which led the United Nations to develop a declaration on indigenous peoples' rights.
The Declaration sets out the rights of indigenous peoples. The language of "peoples" is important. Indigenous peoples do not want to be treated simply as numerical "populations". They want recognition of their rights as distinct peoples, including the right to self-determination, and the right to control development of their societies.
Fundamental rights
The Declaration sets out some very fundamental rights of indigenous peoples. It states that indigenous peoples have the same rights as other peoples and must be treated like everybody else. It recognises that indigenous peoples have the right of self-determination and the right to keep their distinct characteristics.
There is mush disagreement over what self-determination means. Indigenous peoples base their claims to self-determination on the fact that they were the first peoples in their territories. Self-determination means the right of indigenous peoples to choose their political status and to make decision about their own development. Self-determination can take a variety of forms.
Some governments reject the right of indigenous peoples to self-determination or try to limit its scope. They are fearful of independence movements and the possibility of national disintegration.
Indigenous representatives at the UN consider this view to be racist and discriminatory. They point to the fact that the UN Charter and the main human rights instruments state self-determination as a right of all peoples.
Life and security
The Declaration sets out the right of indigenous peoples to exist as distinct peoples. Indigenous peoples are to be free from genocide and their children must not be removed from their culture and identity.
They have the right to stay on their land and must be specially protected in time of war.
Genocide means the physical destruction of a people, including through the removal of children.
Cultural genocide refers to the destruction of a people's culture.
Culture, religion and language
Indigenous peoples have the right to their cultural traditions and customs. This includes aspects of their culture such as sacred sites, designs, ceremonies, technologies and performances. Their cultural property shall be returned to them, if it was taken without their permission.
Indigenous peoples have the right to their spiritual and religious traditions, their customs and their ceremonies. They have the right to their sacred sites, ceremonial objects and the remains of their ancestors. Governments shall assist indigenous peoples to preserve and protect their sacred places.
Indigenous peoples have the right to their histories, languages, oral traditions, stories, writings and their own names for people and places. Governments shall ensure that in courts and other proceedings indigenous peoples can understand and be understood through interpreters and other appropriate ways.
Education, media and employment
The Declaration sets out the rights of indigenous peoples in the areas of education, the media and employment. Indigenous children have the right to education, including education in their own languages and culture. They have the right to use mainstream media, as well as to establish their own media. They have the right to be treated fairly in all matters relating to employment.
Participation and development
The Declaration sets out the rights of indigenous peoples to participate in decisions and developments which affect them. Indigenous peoples must participate in, and give their consent to, decisions on law-making that affect them. They have the right to their own economic activities and to special measures to improve their economic and social conditions.
Land and resources
The Declaration sets out the right of indigenous peoples to their land. They have the right to maintain their distinctive spiritual relationship with their land, waters and resources. They have the right to own and develop their land, waters and resources, and to return of land taken without their consent. Their environment and their cultural and intellectual property must be protected. Indigenous peoples have the right to control development of their land.
Cultural property
There is high demand for indigenous artwork and cultural artefacts. Through theft and unauthorised use and sale, indigenous peoples have been robbed of their cultural heritage. Therefore, indigenous peoples are seeking protection of their "cultural property". This includes sites, human remains, oral traditions, designs, arts and ceremonies.
Intellectual property
Indigenous knowledge is a valuable resource. However, the profits are rarely shared with indigenous peoples. Therefore, indigenous peoples are seeking protection of their "intellectual property". This means indigenous knowledge in areas such as medicinal plants, agricultural biodiversity and environmental management.
Self-government and indigenous laws
The Declaration sets out guidelines for situations in which indigenous peoples exercise their right of self -determination through self-government. It recognises the right of indigenous peoples to determine their citizenship, to their own laws and customs, to relations with other peoples across borders, and to treaties and agreements with governments.
Source: International Work Group for Indigenous Affairs
