INDIAN LAW RESOURCE CENTER
CENTRO DE RECURSOS JURIDICOS PARA LOS PUEBLOS INDIGENAS
United Nations Commission on Human Rights
résumé en français
Item 23 Indigenous Issues
March, 1998
I would like to comment on the proposed declaration on the rights
of indigenous peoples. The Indian Law Resource Center is an indigenous legal advocacy
organization that has been deeply involved in pressing for adoption of such a declaration
by the General Assembly.
Indigenous representatives at the United Nations have
generally taken the position that the draft ofthe declaration developed by the
Sub-Commission Working Group on Indigenous Populations should be adopted without change.
At the last
session of the Human Rights Commission working group on the declaration, several state
delegates began actively and explicitly asking indigenous representatives to negotiate
about the text of that draft declaration and proposed specific changes to the
draft. Many states expressed agreement in principle with the articles ofthe draft
declaration being considered, but at the same time expressed strong reservations about the
specific language and about many ofthe specific provisions ofthese articles.
We are thus faced with a critical issue for the future work
ofthe working group on the declaration. How can the working group proceed toward adoption
of a declaration on indigenous rights while, on the one hand, states are insisting on
changing the Sub-Commission draft and, on the other hand, indigenous representatives are
strongly opposed to such change?
Perhaps we can begin to answer this question by clarifling the
goal of this process. As we see it, the goal is for the General Assembly to Proclaim the
strongest and most effective declaration that can actually be adopted by a consensus of
the
member states.
Second, it should be understood that indigenous
representatives at the UN are not in a position nor necessarily authorized by indigenous
peoples worldwide to negotiate or consent to a final text. We should remain mindful that
it is the member
states ofthe United Nations that will vote on the declaration and that will express or
withhold approval by consensus in the General Assembly.
Third, all concerned should also be mindful that the matter at hand involves the fundamental human rights ofindigenous peoples. By their very nature, human rights are not and cannot be negotiable. A declaration should in no case result in limiting indigenous peoples' fundamental rights or in foreclosing more expansive recognition ofrights in the future.
If this assessment ofthe relevant goal and related principles
is generally accepted, the Indian Law Resource Center is willing to join indigenous
peoples and organizations in engaging states in an ethical discussion to bring about the
strongest
possible declaration that the General Assembly will adopt. We are not willing to negotiate
about the text in the sense oftrading on language to be included in the declaration or
affirmatively consenting to changes in the text, especially where those
changes might imply limitations on the human rights ofindigenous peoples. But we believe
indigenous organizations and peoples can and should discuss with states--on an ethical and
principled basis--the changes they propose. We can analyze and
cnticize proposals, suggest ways to avoid unintended weakening of rights, compare
alternative proposals, provide information about the consequences ofproposed changes,
point out ways to improve proposed changes, and even propose
improvements or additions to the existing draft. Where proposed changes are unconscionable
or otherwise completely unacceptable, then we stand prepared to communicate that to
governments. We believe this kind of discussion, argument and
persuasion can be carried on with the goal of achieving a strong declaration, without
consenting to give up fundamental rights and without making any deals to compromise or
trade on matters of human rights.
If discussions on the declaration proceed, there is likely to
be sometime in the future a draft of the declaration that will have been substantially
changed fiom the present draft. Indigenous representatives will have to make a decision
whether or not
to support that version ofthe declaration and urge countries to adopt it. If the revised
text is morally defensible and is the best text ofthe declaration that could be actually
adopted, then indigenous peoples and organizations probably should urge
that it be adopted. Indigenous representatives probably could support such a text on that
basis, that is, without consenting or agreeing that it represents the final or definitive
statement ofindigenous rights.
In conclusion, Mr. Chairman, the Indian Law Resource Center remains hopeful that the process of developing a declaration on the rights of indigenous peoples will follow the course of history that has characterized this body, which over time has brought about dramatic advancements for the cause of human rights.
Thank you.
UN Press release, résumé en français
M. BORIS VOYER (Indian Law Resource Center) a mis l'accent sur les difficultés
rencontrées au sein du
Groupe de travail chargé d'élaborer une Déclaration pour les droits des populations
autochtones. Il a
souligné que lors de la dernière session du Groupe, certains États ont proposé des
amendements précis au
projet, qui ont été refusés par les représentants des populations autochtones. Il a
estimé que cette difficulté
pourrait être dépassée à la fois en clarifiant les objectifs recherchés par
l'adoption d'une telle déclaration et en
suggérant aux représentants des autochtones d'accepter de discuter des amendements
proposés. Cela
pourrait permettre aux organisations des autochtones de faire des critiques et de faire
des propositions
alternatives, a souligné le représentant.