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Indigenous Peoples' Rights

Indigenous Peoples of Africa Coordinating Committee (IPACC)

January 15, 2007

1.  Declaration is consistent with African Charter of Human and Peoples’ Rights.  The U.N. Declaration is consistent with the African Charter and, more generally, international law. All Member States of the African Union are parties to the African Charter. In interpreting the African Charter, the African Commission draws “inspiration from international law on human and peoples' rights” (para. 60). This includes a wide range of human rights instruments adopted by the United Nations and by African countries.

2.  Declaration based on core international principles and values. The Declaration is based on core international principles and values that embrace tolerance, peace and respect for the dignity of all cultures and peoples.  In particular, the Declaration is described as a “standard of achievement to be pursued in a spirit of partnership and mutual respect”.

3.  U.N. Declaration is integral to advancing Indigenous peoples’ development. The Declaration is a vital instrument for advancing the economic, social, cultural and other forms of development of Indigenous peoples. In the U.N. Millennium Declaration, Heads of State and Government committed themselves to “spare no effort to promote … respect for all internationally recognized human rights and fundamental freedoms, including the right to development.” In the Indigenous global context, the U.N. Declaration is an essential complement to achieving the Millennium Development Goals.

4.  Human rights of all must be respected. Human rights are generally relative in nature and not absolute. Consistent with the U.N. Charter, the Declaration specifically requires that the “human rights and freedoms of all shall be respected”.

5.  No new rights created. The Declaration does not create new rights. It elaborates upon existing international human rights standards as they apply to Indigenous peoples. The Declaration is essential for the survival, dignity and well-being of the Indigenous peoples of the world.

6.  African States can play a lead role in eliminating Indigenous poverty and discrimination. In light of Africa’s own history of colonization and discrimination, African States are in a position to play a lead role in the struggle to eliminate debilitating poverty and human rights abuses among the world’s Indigenous peoples. In particular, the eradication of extreme poverty is an international commitment and objective, as highlighted by the Millennium Development Goals.

7.  Duty of African and other States to promote and respect human rights. The Purposes and Principles of the U.N. Charter require actions “promoting and encouraging respect” for human rights. A similar obligation flows from the African Charter of Human and Peoples’ Rights. Also, as stated in the Constitutive Act of the African Union, the objectives of the Union shall be to “promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments” (Art. 3 h).

8.  Provisions must be read in overall context. Each provision of the Declaration cannot be read in isolation, but rather interpreted in the context of the instrument as a whole. To do otherwise would lead to extremist and absolute interpretations that could not be justified under the Declaration or international human rights law as a whole. Regretfully, a small number of African States have been encouraged by a few Western States – Canada, Australia, New Zealand and United States – to interpret the Declaration in this fragmented and erroneous manner.

9.  Rule of law and other core international principles always considered. Every provision of the Declaration must be “interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith” (Art. 46).   This allows for both flexibility and balance. The reference to “good governance” ensures that the rule of law within States is fully considered in every instance without exception. As an aspirational instrument, the Declaration does not upend the rule of law domestically or internationally.

10.  Adoption of the U.N. Declaration is a major international commitment and objective. In the 2005 World Summit Outcome adopted by the General Assembly, African and other States reaffirmed their commitment to advance the human rights of Indigenous peoples, particularly through the adoption of the U.N. Declaration. Such adoption was a “major objective” of the International Decade of the World’s Indigenous People which ended in 2004 and remains a “priority” early in the Second Decade.

11.  Urgency of adopting the U.N. Declaration. It is widely recognized that Indigenous peoples are among the most disadvantaged and vulnerable peoples in the world. They continue to suffer persistent and widespread discrimination and other grave human rights violations. Past and ongoing colonization and land and resource dispossession have resulted in their severe impoverishment. In order to redress this urgent situation, the adoption of the U.N. Declaration by the General Assembly constitutes a crucial and significant step.

12.  Absence of definition of “Indigenous peoples” promotes flexibility.  The terms “peoples” and “minorities” are also not defined in the international human rights instruments. The absence of a definition of “Indigenous peoples” in the Declaration ensures flexibility to determine fairly this issue, according to the facts, law and history in each case. As concluded in the Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities, “there is no global consensus about a single final definition … A strict definition of indigenous peoples is neither necessary nor desirable.”

13.  U.N. Declaration supported strongly by world leaders and human rights experts. Strong support for the adoption of the Declaration has been expressed by the African Commission’s Working Group on Indigenous Populations /Communities. A wide range of prominent international leaders, jurists and experts have also urged the adoption of the Declaration. These include: former U.N. Secretary-General Kofi Annan; High Commissioner for Human Rights, Louise Arbour; the 26 independent experts on the Sub-Commission on the Promotion and Protection of Human Rights; U.N. Permanent Forum on Indigenous Issues; Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen, and other U.N. Special Rapporteurs; Working Group on Indigenous Populations; and many of the world’s most reputable human rights organizations.

14.  Broader agreement not possible.  As the Chair of the intersessional Working Group on the Declaration has concluded, along with many States, additional time will not lead to any broader agreement. This is in large part because of the obstructionist role repeatedly played by United States, Australia and New Zealand during the Working Group.

15.  Re-opening negotiations likely to kill the Declaration. Re-opening negotiations on the Declaration would destroy the delicate balance achieved in this human rights instrument. This would create serious new divisions and prevent its adoption by the General Assembly.  Such an extreme action would be unconscionable.

16.  Harmonious and cooperative relations encouraged. The Declaration explicitly encourages “harmonious and cooperative relations” between States and Indigenous peoples. Nine preambular paragraphs and 15 operative articles specify consultations, cooperation or partnership between Indigenous peoples and States.

17.  Self-determination and “territorial integrity”. In regard to the exercise of the right to self-determination, the U.N. Declaration is fully consistent with the two human rights Covenants and the African Charter of Human and Peoples' Rights. None of these instruments make any specific reference to "territorial integrity", in the context of peoples.  As affirmed in the preamble of the U.N. Declaration, the right of self-determination must be exercised “in conformity with international law”. In other words, "territorial integrity" and any other principle in international law can be invoked by States in relation to the exercise of the right of self-determination by Indigenous peoples – to the full extent recognized in international law.           

18.  Over 20 years of discussion. There have already been more than 20 years of discussions on the Declaration among States and Indigenous peoples in U.N. Working groups. This makes the Declaration one of the most discussed and studied declarations in U.N. history. All revisions by the Chair were based on these prior discussions.

19.  Strengthens international human rights system. Adoption of the Declaration by the General Assembly supports the vital work of the Human Rights Council and strengthens the international human rights system as a whole. The U.N. Declaration is one of two key human rights instruments adopted by the Human Rights Council at its inaugural session in June 2006. Last June, in a formal statement to the Council, Algeria on behalf of the African Group declared that the “African Group expresses its concurrence with this Declaration and gives it its full support”.

20.  Significance of U.N. Declaration strongly affirmed. As emphasized by the Chairperson of the African Commission’s Working Group on Indigenous Populations/Communities, Commissioner M. Kamel Rezag Bara:

We firmly believe that the UN Declaration on the Rights of Indigenous Peoples as adopted by the Human Rights Council is essential for the survival, dignity and well being of Indigenous Peoples. The Declaration promotes equality and non-discrimination for all and is based on core international principles and values that embrace tolerance, peace and respect for the dignity of all cultures and peoples. Undoubtedly, this new international instrument will strengthen the international human rights system as a whole and will support the vital work that the African Commission on Human and Peoples Rights is undertaking for the promotion and protection of indigenous peoples rights. (Letter, dated November 20, 2006, to the Ambassador of the Republic of Namibia to the United Nations, acting for the African Group in New York)