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Indigenous rights on the move internationally

9 March 2006 - THE year of 2006 is shaping up as the most critical year in advancing the rights of indigenous peoples at the international level.

There is much excitement, anticipation and caution that the advocacy of countless indigenous peoples at the United Nations (UN) level over the past 20 years will finally result in the comprehensive recognition of the rights of indigenous peoples.

This recognition will only highlight the increasing gap between discussions in Australia about the rights of Indigenous Australians and the level of recognition of indigenous rights internationally.

There are three main developments that suggest that 2006 could be the year of change.

First, activities are underway for the Second International Decade for the World's Indigenous People.

Second, the UN Permanent Forum on Indigenous Issues has increased its influence and impact.

Third, and most importantly, 2006 could see the likely finalisation of the Declaration on the Rights of Indigenous Peoples and agreement on the importance of self-determination for indigenous peoples.

The Second International Decade on the World's Indigenous People began in January 2005.

Recently, the Programme of Action for the decade was agreed by the UN, which sets the framework for what the UN and related international agencies, governments and indigenous peoples should seek to achieve during the decade.

The goal of the decade is straight forward enough - the strengthening of international cooperation to solve problems faced by indigenous peoples.

It lists five key objectives to be met during the Decade:

• Promoting non-discrimination and inclusion of indigenous peoples in laws, policies, resources and programs at all levels;
• Promoting the full and effective participation of indigenous peoples in decisions which directly or indirectly affect them, and to do so in accordance with the principle of free, prior and informed consent;
• Redefining development processes to ensure that they recognise the cultural diversity of indigenous peoples;
• Adopting targets (including concrete benchmarks) for improving the situation of indigenous peoples; and
• Developing strong monitoring mechanisms and enhanced accountability frameworks for the protection of indigenous peoples.

The programme for the decade is also the first UN resolution to refer to the status of the world's indigenous people as 'peoples' - in other words, possessing collective rights such as self-determination.

The use of the letter 's' in peoples has been over 20 years in the making and is a major development for indigenous rights.

The Permanent Forum on Indigenous Issues will have a strong role in coordinating activities for the decade.

The forum, which includes indigenous elected members (a first in the UN system), is heavily promoting understanding of the principle of free, prior and informed consent and placing increased pressure on the UN to implement the objectives of the decade.

It has agreed to devote its 2007 session to issues relating to indigenous rights relating to lands, territories and resources.

The impact of the Permanent Forum will be felt most at the UN level, but it creates an irresistible momentum for recognising indigenous rights back at the country level.

Countries like Australia, once world leaders on indigenous rights, must respond or see our reputation on human rights decline further.

And finally - the big one!

After 11 years of negotiations with governments and eight years of drafting before that, it looks like the Declaration on the Rights of Indigenous Peoples will finally come into effect.

Final agreement has been reached on approximately two thirds of the Declaration and near agreement has been reached on self-determination and language recognising indigenous rights to land, territories and resources.

The Chairman of the Working Group negotiating the declaration has just released a new proposed text based on these developments, which provides a sensible balance of indigenous rights and government concerns.

In his report, the Chairman states that the revised text should 'be presented to the Commission on Human Rights with the hope that it would be considered as a final compromise text'.

Only time will tell if this text is agreed to and brought into effect later this year or if further negotiation is required.

Along with these developments, there is another major issue on the horizon - the reform process of the entire UN system.

This particularly affects the international human rights system and may see some threats to the processes for engaging on indigenous rights within the UN.

At the World Leader's summit in September 2005, the UN agreed to abolish the Commission on Human Rights and replace it with a new Human Rights Council.

To date, how this new council will operate is unknown.

As a result, there is also uncertainty about the indigenous mechanisms which exist under the Commission on Human Rights.

While it is likely that important processes such as the Special Rapporteur on Indigenous issues will remain, it is not so certain that the Working Group on Indigenous Populations - for example - will also survive.

This will become clearer as the year moves on.

What is clear though, is that indigenous peoples' fight for our rights is reaching decision time.

Already there is increased recognition internationally, and hopefully by the end of 2006 there will be many developments which will lay a secure foundation for protecting indigenous cultures and rights into the future.

* Tom Calma is the Aboriginal and Torres Strait Islander Social Justice Commissioner with the Human Rights & Equal Opportunity Commission. Last month he handed down his second annual Social Justice Report and the Native Title report.

UN here we come

ISSUE 100, March 9, 2006: Two Brisbane-based Indigenous artists are packing their bags and preparing for a trip of a lifetime.

Leaf Bennet (27) and Fred Leone (27) have been invited to attend the United Nations World Youth Leaders Conference in New York from March 13 to 29.

The invitation recognises the pair's work and creative leadership skills in youth affairs, law, social justice and the arts.

The Lord Mayors Office in Brisbane has assisted financially with the trip.

Mr Bennet, in accepting a cheque from the office, said the funding would assist them in contributing to a world vision for peace, reconciliation and leadership.

"It is our hope that Fred and I will return to Australia with a greater understanding of the matters that concern our global community and with strategies for how to better collaborate locally, nationally and globally to manage these challenges," he said.

Joining a group of 45 other young people from Indigenous and developing nations, Mr Bennet and Mr Leone will benefit from two week's specialised training in governance and leadership provided by the United Nations Congress.

Mr Bennet - a recipient of a nationally recognised NAIDOC Youth Achiever Award for his commitment to social justice and the rights of young Indigenous people - and Mr Leone advocate access to their culture and work creatively with youth using contemporary tools and traditional knowledge and approaches to bring about just and sustainable futures.

The two artists will travel to New York with the support of Brisbane City Council's Black Business Smart Business, Queensland Community Arts Network, Access Arts Inc and QUAKERS.

Source: The National Indigenous Times (NIT) - Issue 100 - 09 Mar 2006

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