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Indigenous People struggle for Human Rights
Posted to Oyate Underground list 29 Dec 2002
Subj: Editorial on Trip to Geneva (for publication)
By Charmaine White Face
"We the peoples of the United Nations determined to save
succeeding
generations from the scourge of war, which twice in our lifetime has
brought
untold
sorrow to mankind, and to reaffirm faith in fundamental human rights,
in the
dignity
and worth of the human person, in the equal rights of men and women
and of
nations
large and small, and to establish conditions under which justice and
respect
for the
obligations arising from treaties and other sources of international
law can
be
maintained, and to promote social progress and better standards of
life in
larger
freedom, and for these ends, to practice tolerance and live together
in peace
with one
another as good neighbors, and to unite our strength to maintain
international peace
and security, and to ensure, by the acceptance of principles and the
institution of
methods, that armed force shall not be used, save in the common
interest, and
to
employ international machinery for the promotion of the economic and
social
advancement of all peoples, have resolved to combine our efforts to
accomplish these
aims." The Preamble to the United Nations Charter
As in all human endeavors, no matter how noble and admirable,
there will
be
flaws. However, these flaws are necessary to perfect the ideals for
which we
must
constantly strive, puny two-leggeds that we are with our wonderful,
immeasurable
minds. Depending on what is done with the flaws, they can either
polish the
ideals, or
camouflage them so the full intent cannot be realized. This struggle
between
polishing
and camouflaging ideals of human rights was carried out for the
first two
weeks in
December, 2002, at the United Nations in Geneva, Switzerland.
It was a fierce struggle with words between representatives of
Indigenous
peoples allied with some of the governments against a few of the very
large
States: the
USA, Canada, and Australia, to name a few. The very fact that it is
a
struggle over
human rights is appalling. Yet, when the idea of recognizing the
inalienable
human
rights of Indigenous peoples comes to the forefront, some of the
largest and
most
powerful governments in the world begin to experience anxiety. Why?
Because
their
domestic activities begin to see the light of day, and the world
family
starts to learn of
abuses that go against the ideals and images those governments wish
to
portray. It is
similar to when the abusive activities of a dysfunctional family
start to be
exposed for
all the world to see. The abusers experience much anxiety and will
try
everything to
maintain the status quo.
The struggle occurred during the Eighth Session of the Working
Group on
the
Draft Declaration on the Rights of Indigenous People (WGDD). This
struggle
has been
occurring for 21 years! Many experts from the nation States
throughout the
world have
gathered information, researched international law, and spent
immeasurable
amounts of
time, energy, and money to develop the Draft Declaration on the
Rights of
Indigenous
Peoples. The Draft was adopted in 1994 by the Sub-Commission on
Prevention
of
Discrimination and Protection of Minorities of the UN Commission on
Human
Rights.
It was then channeled to the WGDD where it has been kept in limbo by
the
larger States.
The Draft is to be finalized by 2004. If it is not, what occurs
after that
is anyone's
guess.
The Draft includes a preamble as well as 45 Articles. Of those,
two have
been
approved. Article 5 states: “Every indigenous individual has the
right to a
nationality.
Article 43 states: "All the rights and freedoms recognized herein
are equally
guaranteed
to male and female indigenous individuals." It is sad that these
basic human
rights of all
peoples, as stated in the UN Preamble, have to be debated when they
refer to
Indigenous
peoples. It is more tragic that any government would want to stop
these
rights.
It is a triumph of the smaller governments such as Mexico,
Guatemala, and
Equador that through their efforts and the efforts of many Indigenous
representatives,
this process is even occurring. As only the 185 member States of the
UN can
have a
voice in decisions, the very fact that Indigenous peoples can debate
on par
with
governments is a major step. The reports that come out of the
sessions
summarize such
debates. Eventually, the WGDD must report to the Human Rights
Commission,
which
will take it on to the Economic and Social Council (ECOSOC), and the
General
Assembly.
France began to change their mind after a summary of a 23 page
intervention
on behalf of nearly 20 Indigenous groups was presented. The American
Indian
Law
Alliance prepared a detailed report on the human rights abuses of
Indigenous
peoples
in the domestic laws and policies of the USA and Canada which proved
the
reason for
keeping the Draft Declaration as it is written. It was after this
information was made
available that France began to have second thoughts on their original
position which
was aligned with the US and Canada.
This struggle for human rights is not lost on the majority of
governments of the
world. In order to assist Indigenous peoples continue their efforts
to
polish the ideals
of human rights, the canton of Geneva has given a building and
financial
assistance for
operation of an Indigenous Peoples Embassy in Geneva. A small staff
will be
available
to handle the amount of paperwork and information that is necessary
in a
battle with
words. Hopefully this will enable Indigenous people to be better able
to win
the battle.
"...to reaffirm faith in fundamental human rights, in the
dignity and
worth of
the human person, in the equal rights of men and women and of nations
large
and
small, and to establish conditions under which justice and respect
for the
obligations
arising from treaties and other sources of international law can be
maintained..."
####
Charmaine White Face, a freelance writer, is from the Oglala band of
the
Tetuwin Oceti
Sakowin and resides within the confines of the Great Sioux
Reservation. She
is active
in the recognition of the legality of treaties made between Native
American
nations and
the United States, and the restoration of the environment,
particularly in
the Upper Great
Plains area.
Email: cwhiteface @ aol.com
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