COPMAGUA-Guatemala

ENGLISH VERSION OF JUAN LEON'S STATEMENT

U.N. Commission on Human Rights Intercessional Working Group on the Draft Declaration October 27th - November 7, 1997: October 10, 1997

Thank you Mr. President:

To all Indigenous Peoples, organizations, to the member states of the Commission on Human Rights and observers at this session, our profound respect and fraternal greetings.

The International Indian Treaty Council and its affiliate Coordination of Mayan Peoples Organization of Guatemala, -COPMAGUA- wish to contribute some reflections to the discussion of the Draft declaration on the rights of Indigenous Peoples.

This draft is the result of the consensus of hundreds of Indigenous Peoples and their organization from different parts of the world, who find themselves here at these deliberations, who once more reaffirm our commitment to the adoption of the total and integral text of the Draft Declaration approved by the Working Group on Indigenous Populations and the Sub-Commission for the Prevention of Discrimination and Protection of Minorities.

The contents of the draft represents the most fundamental, albeit minimal acceptable standards for the recognition, protection and promotion of the rights of Indigenous Peoples. For this reason our delegation urges the representatives of the states to reach consensus for the approval of the
present text without changes or modifications.

Mr. President:

In speaking generally about the document, we find that one of the essential points of the Declaration are the statements of Article 3., referring to the self determination of Indigenous Peoples, as well as the recognition of the existence of [Indigenous] Peoples as Peoples. This right is juridically
and legally founded on international human rights instruments proclaimed by the United Nations which state as one of its principal purposes, "the development of friendly relations between nations based on the principle of equality of rights and self determination." In this sense we hold that this
principle should be applied to Indigenous Peoples because the Charter of the United Nations does not refer to the "self-determination of the states," or, "of the countries," but of Peoples. For example, Article 1 [in common] to the Covenants on Human Rights affirm without equivocation that,
"All Peoples have the right to self-determination." It does not say, "all peoples except Indigenous Peoples."

We therefore wish to re-affirm that the concept of "Peoples" in the Draft Declaration should not suffer modifications, alterations, nor weakening that would annul the theoretic as well as practical identity of our Peoples.

We are profoundly concerned and raise our protest that the document E/CN.4/1997, paragraph 3, raises doubts about the use of the term "Peoples" as it has been accepted and adopted by the Sub-Commission and the Working Group on Indigenous Populations.

Mr. President, Indigenous brothers and sisters, representatives of states:

We participate in order to achieve real advances in favor of the interests and rights of our Peoples. We hold the sincere hope that the representatives of the states progress and have the flexibility to listen and accept our position, and above all have confidence that what we seek as Indigenous Peoples is to contribute to a change in the world where we all as human beings can live with dignity and rights with the full enjoyment of our economic, social, cultural and political rights, without prejudice or harm to anyone.

Thank you.

 
Juan Leon,
International Indian Treaty Council -IITC-
Coordination of Mayan Peoples Organizations of Guatemala, -COPMAGUA-


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