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| home | news lPrescriptions for the ProblemWhat is being done to improve the human rights problems of indigenous peoples? by Jaime Simmermaker January 1998 Contents:
Intergovernmental Organizations
Important Background Information:
What is the United Nations doing to help indigenous peoples? The United Nation is only now drafting its first legislation that is specifically geared toward indigenous peoples, namely the "Indigenous People's Draft Declaration." The draft declaration is heavily oriented towards tribal people. However, there are at least two vast categories of indigenous entities: those waging a tribal way of life in isolated enclaves; and those integrated with the rest of society. Other than that there is not much information at this point on the Declaration. It is known that there has been an issue with the term 'indigenous peoples' (rather than people, singular), because the term might give rise to ideas about self-determination. How this Declaration will help the problems of indigenous peoples is yet to be seen... One of the measures that the United Nations has taken to help indigenous peoples is the "International Decade of Indigenous Peoples." For the most part, this is merely an attempt to raise awareness on the issue and perhaps encourage other IGOs and governments to take action. The decade began in 1995. "Under the theme 'Indigenous people: a new relationship - partnership in action', the main goal of the Decade is to further cultivate the partnership promoted between indigenous people and the international community" (http://www.un.org/ecosocdev/geninfo/indigens/dpi1608e.htm). Has it been effective and will it be? Well, perhaps it is having effect. The Organization of American States (an IGO not usually associated with indigenous peoples) in February of 1997 formed legislation on the subject, namely the "American Declaration on the Rights of Indigenous Peoples." We will see... More direct action has been taken by the UN with indigenous women. In 1995 the Fourth World Conference on Women was held in Beijing. The reason that the UN has tackled the issue of women in the Fourth World is that they are aware that the disparity between women and men in indigenous population has direct influence on many of their problem, i.e. population, poverty, etc. They figure that if they can help indigenous women to empower themselves, they will bring their nations with them. Is this and will it be effective? We will see...
Important Background Information:
What is the Council of Europe doing to help indigenous peoples? The Council of Europe does not have any legislation that is specifically geared toward indigenous peoples. However, they have produced two pieces of legislation, namely the "European Charter for Regional or Minority Languages" and the "Framework Convention for the Protection of Minorities" which will effect indigenous peoples most decidedly. I believe that the Council of Europe had indigenous peoples in mind when they wrote these documents, but wanted the documents power to be more generally applicable. The reason I believe that they had indigenous peoples in mind is because the language that is used to describe the groups to which the legislation is applicable suggests quite strongly indigenous peoples. This is what the document states: "'regional or minority languages' means languages that are:
it does not include either dialects of the official language(s) of the State or the languages of migrants;" (http://www.coe.fr/eng/legaltxt/148e.htm) It is the fact that they use the term 'nationals' (who are using one language mind you) that leads me to suspect that indigenous peoples were in their thoughts, though it also applies to other minorities. The Framework Convention for the Protection of MinoritiesThe Convention is the first legally binding multilateral instrument concerned with the protection of national minorities in general. Its aim is to protect the existence of national minorities within the respective territories of the parties. The Convention seeks to promote the full and effective equality of national minorities by creating appropriate conditions enabling them to preserve and develop their culture and to retain their identity. The Convention sets out principles relating to persons belonging to national minorities in the sphere of public life, such as freedom of peaceful assembly, freedom of association, freedom of expression, freedom of thought, conscience and religion, and access to the media, as well as in the sphere of freedoms relating to language, education, transfrontier co-operation, etc.European Charter for Regional or Minority LanguagesThis treaty aims to protect and promote the historical regional or minority languages of Europe. It was adopted, on the one hand, in order to maintain and to develop the Europe's cultural traditions and heritage, and on the other, to respect an inalienable and commonly recognized right to use a regional or minority language in private and public life. First, it enunciates objectives and principles that Parties undertake to apply to all the regional or minority languages spoken within their territory: respect for the geographical area of each language; the need for promotion; the facilitation and/or encouragement of the use of regional or minority languages in speech and writing, in public and private life (by appropriate measures of teaching and study, by transnational exchanges for languages used in identical or similar form in other States). Further, the Charter sets out a number of specific measures to promote the use of regional or minority languages in public life. These measures cover the following fields: education, justice, administrative authorities and public services, media, cultural activities and facilities, economic and social activities and transfrontier exchanges. Important background Information:
What is the Organization of American States doing to help indigenous peoples? Well, the OAS is not known, in general, for its direct actions or effects (as the COE is, for instance, known to work directly with NGOs and grant them consultative status, which gives them greater link with the public, so to speak). However, I will in short say that the OAS has done a great service by being the first of the three big IGOs to form legislation that is specifically geared toward indigenous people, namely the "American Declaration on the Rights of Indigenous Peoples." Not only does this help in the struggle to raise awareness, but it also sets an international precedent. Perhaps others will follow their example. The UN already is with their "Indigenous Peoples Draft Declaration" in progress. American Declaration on the Rights of Indigenous PeoplesIn 1989, the OAS General Assembly passed a resolution [OEA/Res. 1022 (XIX-0/89)] directing that an Inter-American instrument be drafted on the rights of Indigenous Peoples. Three years later, in 1992, the Inter-American Commission on Human Rights sent a questionnaire to OAS member states, Indigenous Peoples Organizations, among them the IITC, and others, requesting comments about a future OAS human rights instruments. The rights included for comments in this questionnaire were based upon the American Convention on Human Rights and other rights it described as "collective rights" among which is the right to self- determination (which the OAS does not support, by the way). A preliminary draft was written by the IAHRC, based upon the responses to the questionnaire and a meeting of governments and "institutions," primarily the Indigenous Institutes, governmental organizations formed in each of the OAS member states (the BIA is the US OAS Indigenous Institute). In February of 1995, the IAHRC staff prepared a preliminary draft of an instrument on the Rights of Indigenous Peoples. Although some of the states were allowed input to this preliminary draft, Indigenous Peoples and their non-governmental organizations were not consulted. It was not until September of 1995 that the draft instrument was made public and shared with Indigenous Peoples and their nongovernmental organizations. Many indigenous people are suspicious of the document. Will it succeed in being effective legislation? We will see... I have attempted to pick the NGOs that I saw to be the most active and effective in the plight of indigenous peoples. Unfortunately, I do not have the time to give any of my own background into them. However, I have attempted to link you to the right information.
Minority Rights Group International
Critique and Suggestions: What else can be done? What can be done better? I do not have many suggestions for the Nongovernmental Organizations. They do what they find of concern, and quite well I must add. However, I have a few suggestions for the International Organizations. First of all it would be very helpful if there were organizations like the Council of Europe and the Organization of American States in other regions of the world. For instance, a Council of Asia, etc. These organizations would make the United Nations a whole lot more organized and effective. The most important statutes of the United Nations, i.e. The Universal Declaration of Human Rights are not legally binding, nor could they be effectively. These organizations would help to make similar ideals law. Secondly, I would suggest that the Organization of American States be more concerned with direct action. It focuses mostly on forming law. More cooperation with NGOs (like the Council of Europe) would be more effective in counteracting what causes the laws to be broken. It is understandable that the Organization of American States is a little behind in this issue. They did not experience directly the horrors that occurred in Europe second World War. Human rights is a relatively new issue for them. I would also suggest that they bring the Human Rights issue to the forefront of their focus. I believe that Human Rights problems are at the root of all political problems. Law is written for humanity. I suggest, also, that the Council of Europe focus on this specific issue in addition to minorities in general. They could be quite effective given their direct work with NGOs.
I placed annotations in the approximate order in which they occurred on the page. I have included authors for document when available:
Acknowledgments Source: Earlham University (USA)
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