TO INTERNATIONAL PUBLIC OPINION

THE RIGHTS OF INDIGENOUS PEOPLES ARE NOT NEGOTIABLE

Today, as an important phase in the process of adoption of the United Nations Draft Declaration on the rights of indigenous peoples draws to a close, and when some of the most important provisions, such as peoples’ rights to self-determination, to land, territories and resources are being curtailed or relativized ;

We intend through this declaration to make clear and put on record our position as follows :

  1. We recall that thousands of peoples’ representatives, indigenous organisations and communities from all over the world, specialized UN agencies, independent experts and all the governments who so desired participated in the drafting process of the United Nations Draft Declaration, which began in 1985, and that it was adopted by consensus by the Subcommittee on the Prevention of Discrimination and Protection of Minorities in 1994.
  2. We are convinced that the Draft, known as the "original text" as adopted by the Subcommittee consitutes the minimum consensual basis and meets the core claims of indigenous peoples; this is why we support it and will continue to do so.
  3. We believe that the discussion held in the current working group of the Commission on Human Rights despite the meager results, has been beneficial because it has spelt out the positions of governments and indigenous organisations.
  4. We note, with regret, that through amendments, additions, replacements, deletions and changes, some fundamental principles of international law, as it applies to the jus cogens aspect of the self-determination of indigenous peoples for example, are being ignored. And this despite the fact that this principle as an imperative norm of general international law places the right to self-determination at the top of the legal hierarchy and makes it necessarily universally applicable and an inalienable right of all peoples.
  5. We find, to our disquiet, that the right to lands, territories and resources, which form the very basis of the physical and spiritual existence of indigenous peoples are being curtailed, reduced and, in some areas, openly negated.
  6. We are disturbed by the methods and ways in which debates have been conducted in recent years, in particular, as regards the debate on self-determination ; and by the patent intention to whittle down so many years discussion and mass participation in the drafting of the original Draft using some texts put together in haste solely to change its nature.
  7. During this part of this working group’s session, a group of indigenous brothers and sisters , by way of protest, are on a hunger strike, a spiritual fast. We express our solidarity with them.
  8. Finally, we take note, with great satisfaction, that some governments, many indigenous organisations and a number of U.N. and private organisations have expressed their full support for the original text. In this regard, we say :
    9. to the governments who freely and exercising their sovereignty, have adopted this Draft, along with the indigenous peoples organisations, as a domestic norm which guides, governs and regulates their indigenous policies;
    to the indigenous peoples who include it in their programmes as a tool in their struggles and inform the United Nations that they have done so, and
    to the International Organisations who use this Draft as guidance in their projects and programmes.

    These are the best ways of defending the original text !

     

    Indian Council of South America (CISA)- Comision Nacional Indigena de Chile.

    Palais des Nations, Geneva- Switzerland. 2 December 2004