Some countries trying to undermine Indigenous rights at international conference

By Les Malezer

It is not surprising that some States are looking to avoid reference to
'Indigenous Peoples' in the outcome document being drafted for the
forthcoming Rio +20 conference (to be held in June 2012). Apparently
France, with the support of USA, New Zealand and Canada, has very recently
proposed a change to the older terminology (from original Rio conference in
1992) of "indigenous and local communities".

This earlier reference fails to recognise that Indigenous Peoples have the
same status as "peoples" in international law. Only peoples have the right
to self-determination, and the UN Declaration on the Rights of Indigenous
Peoples concentrates upon our rights as peoples rather than the individual
human rights as articulated in most human rights treaties. The right to
self-determination includes the right to autonomy or self-government, and
the right to development. Our collective rights as peoples also ensures our
rights to ownership and control of our territories and the rights to
determine the futures for our cultures and our children.

The attempt by certain States to revert to the old language is an attempt to
deny the rights of Indigenous Peoples and to undermine the advances made in
2007 when the United Nations General Assembly finally adopted the
Declaration.

The following statement, issues a few weeks ago by Indigenous Peoples
delegations at preparatory meetings for Rio +20, responds to the attempt by
certain States to undermine our rights. This may become a major issue at
the main conference to be held in June 2012.

regards

les

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Meeting/Dialogue of the UNCSD/Rio+20 Bureau with the Major Groups
ECOSOC Chamber
NLB-UN
New York

27 March 2012

FINAL STATEMENT AND QUESTION FROM INDIGENOUS PEOPLES MAJOR GROUP

Arising from the use of different terms referring to INDIGENOUS PEOPLES in
the Zero Draft, a proposal had been tabled during the negotiations to
change all references to “indigenous peoples” to “indigenous and local
communities”. And yesterday, we heard that specific language in the Zero
Draft will be further reviewed.

In the course of many issues confronting Indigenous Peoples concerning
sustainable development, the eradication of poverty, green economy and
protecting our Mother Earth for future generations, this original proposal
can not be supported by our Indigenous Peoples Major Group.

The expression of “indigenous and local communities” does not identify us
properly. It is contrary to Agenda 21 and the UN Declaration on the Rights
of Indigenous Peoples. The internationally accepted term in human rights
instruments and sustainable development processes is “indigenous peoples”.

It is inappropriate to transpose language from the Convention on Biological
Diversity which deals with traditional knowledge of “indigenous and local
communities” to the Rio+20 negotiations, when Agenda 21 has identified
Indigenous Peoples as one of the major groups. In 2002, State leaders in the
WSSD meeting in Johannesburg stated “We reaffirm the vital role of the
indigenous peoples in sustainable development.” (Paragraph 25 of the
Johannesburg Political Declaration on Sustainable Development. )

Under international law, and many countries’ domestic law, Indigenous
Peoples have recognized legal status distinct from other local communities.
Self-identification is a recognized collective right of indigenous peoples.
The UN Conference on Sustainable Development needs to respect and uphold
this right to be identified as indigenous peoples, and not undermine our
human and collective rights.

Indigenous peoples face this problem of potential misidentification arising
from the informal negotiations.

Can the Bureau confirm that “Indigenous Peoples” is the correct designation
of our major group, in the light of Agenda 21, the Johannesburg Political
Declaration, and the UN Declaration on the Rights of Indigenous Peoples?