UN adopts declaration on indigenous people

THE United Nations General Assembly on Thursday adopted a non-binding declaration upholding the human, land and resources rights of the world’s 370 million indigenous people, including Namibia’s San people, brushing off opposition from powerful countries such as Australia, Canada, New Zealand and the United States.

The vote in the assembly was 143 in favour and four against. Eleven countries, including Russia and Colombia, abstained.Namibia, despite raising concerns earlier, supported the declaration after co-sponsors amended an article to read that “nothing in the declaration may be …construed as authorising or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent states.”The declaration, which ended more than 20 years of debate at the UN, also recognises the right of indigenous peoples to self-determination and sets global human rights standards for them.Under it, native people now have the right “to the recognition, observance and enforcement of treaties” concluded with states or their successors.The Namibian was unable to get Namibian Ambassador to the UN Dr Kaire Mbuende’s immediate comment although request for comment was forwarded to his office in New York.The international pressure group Survival International welcomed the declaration, saying it will raise international standards in the same way as the universal declaration on human rights did nearly 60 years ago.”It sets a benchmark by which the treatment of tribal and indigenous peoples can be judged, and we hope it will usher in an era in which abuse of their rights is no longer tolerated,” said Survival’s director, Stephen Corry.Survival said the declaration recognises the rights of indigenous peoples to ownership of their land and to live as they wish.It also affirms that they should not be moved from their lands without their free and informed consent.Indigenous peoples argued that their lands and territories were endangered by such threats as mineral extraction, logging, environmental contamination, privatisation and development projects, classification of lands as protected areas or game reserves and use of genetically modified seeds and technology.Canada, Australia, New Zealand and the United States, all countries with sizeable indigenous populations, said they could not support the declaration because of their concerns over provisions on self-determination, land and resources rights and giving indigenous peoples a veto right over national legislation and state management of resources.Among the contentious issues was one article stating: “States shall give legal recognition and protection to lands, territories and resources traditionally owned, occupied or otherwise used or acquired” by indigenous peoples”.Another bone of contention was an article upholding native peoples’ right to redress – by means that can include restitution or fair compensation – for lands and resources “which have been confiscated, taken, occupied, used or damaged without their free, prior ad informed consent”.Adoption of the declaration by the assembly had been deferred late last year at the behest of African countries led by Namibia, which raised objections about language on self-determination and the definition of “indigenous” people.Eleven countries, including Russia and Colombia, abstained.Namibia, despite raising concerns earlier, supported the declaration after co-sponsors amended an article to read that “nothing in the declaration may be …construed as authorising or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent states.”The declaration, which ended more than 20 years of debate at the UN, also recognises the right of indigenous peoples to self-determination and sets global human rights standards for them.Under it, native people now have the right “to the recognition, observance and enforcement of treaties” concluded with states or their successors. The Namibian was unable to get Namibian Ambassador to the UN Dr Kaire Mbuende’s immediate comment although request for comment was forwarded to his office in New York.The international pressure group Survival International welcomed the declaration, saying it will raise international standards in the same way as the universal declaration on human rights did nearly 60 years ago.”It sets a benchmark by which the treatment of tribal and indigenous peoples can be judged, and we hope it will usher in an era in which abuse of their rights is no longer tolerated,” said Survival’s director, Stephen Corry.Survival said the declaration recognises the rights of indigenous peoples to ownership of their land and to live as they wish.It also affirms that they should not be moved from their lands without their free and informed consent.Indigenous peoples argued that their lands and territories were endangered by such threats as mineral extraction, logging, environmental contamination, privatisation and development projects, classification of lands as protected areas or game reserves and use of genetically modified seeds and technology.Canada, Australia, New Zealand and the United States, all countries with sizeable indigenous populations, said they could not support the declaration because of their concerns over provisions on self-determination, land and resources rights and giving indigenous peoples a veto right over national legislation and state management of resources.Among the contentious issues was one article stating: “States shall give legal recognition and protection to lands, territories and resources traditionally owned, occupied or otherwise used or acquired” by indigenous peoples”.Another bone of contention was an article upholding native peoples’ right to redress – by means that can include restitution or fair compensation – for lands and resources “which have been confiscated, taken, occupied, used or damaged without their free, prior ad informed consent”.Adoption of the declaration by the assembly had been deferred late last year at the behest of African countries led by Namibia, which raised objections about language on self-determination and the definition of “indigenous” people.