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UK: government rejects collective rights for tribal peoples

e-news from Survival International, 23 April 2004

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What are 'COLLECTIVE RIGHTS?

The absence of a unanimously accepted definition of the concept of “people” shows that it is a dynamic rather than a static notion. History demonstrates that certain communities recognized as peoples have appeared and disappeared, or reappeared, on the international scene under other names. However, the evolutions or regressions of these communities or peoples cannot in any way be the grounds for the acceptance, denial or limitation of the due respect for the collective and individual rights of the persons that form them. Objectively, the rights of peoples always maintain the proper and same identity. It is up to these same communities to set themselves up as peoples along the course oh history and, therefore, become subjects of collective rights. Taking all this into account, this Declaration proposes to define the collective rights of peoples and clearly state therewith the concept of people. Universal Declaration of the Collective Rights of Peoples (adopted following the conference of 'The Stateless Nations of Europe', from 19-22 January 2001, organised by Barcelona-based group CIEMEN, who promote co-operation amongst the nationalities of Europe seeking independence.)

Jacques Chirac DEFENDS "collective Rights" "I am not unaware of the difficulties of sovereign States, concerned about their independence and unity. But it is time for the particularity and dignity of your nations to be affirmed and protected under international law." "France is moved by your fate. Espousing universalism and fraternity, we feel a shared responsibility in the future of the world and all its constituent communities."

Tony Blair's thinking? "the use of the term 'indigenous peoples'... cannot be construed as having any implications to rights under international law". See 'Britain blocks protection for indigenous people'

Azelene, Kaingang Indian woman, Brazil .... Audio: Espanol

'I remember my first meeting at the UN. We were defending our collective rights. A UK diplomat surprised me with the coldness with which he referred to indigenous peoples. He looked at me and said, ‘I can’t recognise the collective rights of you people. I don’t see any difference in you – we are all the same.’ So I spoke to him in Kaingang, the language of my people. There was no translation, and I asked him if he’d understood what I’d said and he replied, ‘No’. Then I looked at him again and said, ‘That’s why I’m different; because only my people speak this language.’

Reversing a century of progress in the recognition of human rights, the UK government has now decided that collective human rights do not exist.

If allowed to become official policy, this threatens to harm tribal peoples around the world.

Ten years ago the United Nations (UN) announced a decade of indigenous peoples and began work on a declaration of their rights that was supposed by now to have stood beside the famous Universal Declaration of Human Rights. Hundreds of consultations were carried out with indigenous representatives, and a draft was finally completed with their agreement.

Now the UK and some of its former colonies (eg. Australia and Canada) are blocking the new declaration.

Collective rights are vital for tribal peoples, as is confirmed not just by the draft declaration but by numerous laws and agreements which are already accepted by many countries and internationally. The most important is the convention on tribal peoples: this is the cornerstone of international law on the subject and was adopted nearly 50 years ago (ILO Convention 107 of 1957, updated to Convention 169 of 1989).

Paradoxically, the UK has accepted two exceptions to its refusal to recognise collective rights.

The first is that it does accept that all peoples have the right to self-determination. It cannot avoid this because that right is enshrined in international law (in the UN’s Civil & Political Rights Covenant) agreed to by virtually all countries decades ago.

The second exception is that it does accept the concept of collective title to land, but declares that this is really an individual right that may be ‘exercised collectively’.

This makes no sense, and indeed threatens to turn the clock back to the infamous Dawes Act of 1887, which broke up Indian reservations in the USA by transforming collective lands into individual plots which could then be sold off.

In fact, there are many cases where the UK has recognised collective rights, going back centuries.

The British Crown signed hundreds of treaties with North American Indians, many African peoples and the New Zealand Maori. Although these were broken by the colonists, they nevertheless clearly acknowledged collective rights.

Also, since the beginning of the 20th century successive UK governments have ratified a number of international instruments based on collective rights. One is the 1948 Genocide Convention which deals with a crime directed at a whole people, not just an individual.

The UK’s position now threatens to undermine tribal peoples’ rights and goes against many positive recent developments.

For example, Survival has worked hard for 35 years to press mining and other companies to recognise the collective rights of tribes to decide what happens on their land, and this is now starting to happen. Rio Tinto, one of the world’s largest mining companies, has said it will not mine the lands of the Mirrar Aborigines in Australia unless the people agree. Such consent, which must be freely given and based on fair and honest information, only makes sense as a collective right, underpinned by the tribe’s communal land ownership rights.

Governments have often used the denial of collective rights as a device to break up and destroy tribal peoples.

If the UK government rejects these rights, others will follow suit.

Survival International is pressing the government to change its mind and acknowledge that the recognition of tribal peoples’ collective rights is crucial to their survival.

Take action now

• Time and again, writing letters to those in power has proved to be one of the most effective tools for securing concrete change for tribal peoples.
• Letter-writing campaigns have helped tribal peoples win recognition of their land rights, put an end to logging or mining on their land, or halt government violence and oppression.

Every letter makes a difference

Please write Tony Blair a brief and polite letter, email or fax.

Use the following text as a guide, or write your own:-

‘Dear Prime Minister’

I wish to express my grave concern at the refusal of the UK government to recognise the existence of collective human rights, and in particular how this will affect the world’s tribal peoples.

The government’s position goes against a century of progress in the recognition of human rights, and threatens the ability of tribal peoples to retain ownership of their land, and control what happens on it. It is a retrograde step which must be reversed.

Please send your letter to:

Rt Hon Tony Blair MP
10 Downing St
London SW1A 2AA

Fax: 020 7925 0918
Email (this will take your to a web page)

 

and your local MP.

• If you don’t know who he/she is, you can locate your MP’s address through this website:http://www.locata.co.uk/commonsor
  
  
  
• You can fax your MP:

FaxYourMP.com enter your postal code and hit go

related links :

• Survival International
• Britain blocks protection for indigenous people
  7 September 2001- Britain is blocking an attempt by the world's 300 million indigenous peoples ­ including Maoris, Aboriginals and Native Americans ­ to have their rights protected under international law, The Independent has learnt.
• Chirac veut lutter contre la "dissolution" des peuples premiers
  23 juin 2004 - Liberation (France) - Jacques Chirac a déclaré mercredi que la France refusait "la fatalité d'une dissolution progressive" des peuples premiers et a appelé de ses voeux une "rupture" politique et juridique afin de reconnaître leurs particularismes en droit international.
• Reception in honour of the Amerindian peoples, Paris
  23 June 2004 - Speech by M. Jacques Chirac, President of the Republic - It is a great joy and very moving for me to welcome a delegation of Amerindian representatives to the Elysée Palace, as I had the pleasure of doing eight years ago, on 20 June 1996.
• United Nations section of ENIAR

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