Dialogue Between Nations - Self Determination



ARTICLE 3

UNITED NATIONS DRAFT DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

Indigenous peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

FOR ADOPTION BY THE UNITED NATIONS
Draft United Nations Declaration on the Rights of Indigenous Peoples

A BRIEF DEFINITION OF SELF DETERMINATION
Mark Charfauros Chamorro


Mark Charfauros

Self Determination is an inalienable right of a people to determine for themselves their relationship with their colonizer. It is a right that cannot be taken away nor given to someone else. On Guam, the right to self determination belongs solely to the Chamorro people. They are the "Self" in the process of Self Determination. Under United Nations treaties and resolutions the Chamorros have been identified as the people who have been disenfranchised through colonial domination. By completing the process of self determination, the Chamorro people will end over 400 years of colonial domination.

THE S ISSUE: SELF DETERMINATION

COMMENTARY


Ted Moses

Grand Council of the Crees (Euyou Astchee) Indigenous Self-determination International Guest Panel Statement by Ambassador Ted Moses on behalf of the indigenous peoples of the North American Region to the World Conference on Human Rights, Vienna, June 14-25, 1993:

Among all of the world's various peoples, why is it then, that certain ostensibly democratic and peace loving States insist that it is necessary to exclude indigenous peoples from the application of the `universal' right of self-determination? Why, after all of these years of progress in the field of human rights, after decolonisation, after apartheid, is it still possible for some States to unashamedly discriminate against indigenous peoples? Here is my explanation. We indigenous peoples are the victims of a theft -- one of history's greatest crimes. Our lands -- entire territories -- were taken; we were dispossessed, our means of subsistence was denied; our peoples and our lands were despoiled. We are the victims of genocide in the most terrible and explicit meaning of that idea. Yet, some of us have survived and are still here, along with the States that perpetrated these crimes against us. The world knows that the sovereignty, legitimacy, and territorial integrity of these States is tainted and fundamentally impaired because of the unjust, immoral, and murderous means employed in their establishment upon indigenous lands. How can a thief go about establishing legal and legitimate possession of his stolen spoils? This, in reality, is the difficulty which confronts these States -- a difficulty which is compounded by the fact that some of the victims continue to walk about and remind everyone not to forget what was done.

Excerpt from World Conference on Human Rights, Vienna: "I want reconciliation. But I know that we can not begin to reconcile our differences and seek accommodation until we can be honest with one another."

UNITED NATIONS - INTERNATIONAL INSTRUMENTS

UNITED NATIONS CHARTER:

The Official UN Universal Declaration of Human Rights Home Page The Universal Declaration of Human Rights International Covenant on Economic, Social and Cultural Rights

PART I Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

International Covenant on Civil and Political Rights
PART I Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic,social and cultural development. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic,social and cultural development. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic,social and cultural development.
The right to self-determination of peoples General Comments, International Covenant of Civil and Political Rights
(Article 1) (Twenty-first session, 1984) 2. Article 1 enshrines an inalienable right of all peoples as described in its paragraphs 1 and 2. By virtue of that right they freely "determine their political status and freely pursue their economic, social and cultural development". The article imposes on all States parties corresponding obligations. This right and the corresponding obligations concerning its implementation are interrelated with other provisions of the Covenant and rules of international law. 7. In connection with article 1 of the Covenant, the Committee refers to other international instruments concerning the right of all peoples to self-determination, in particular the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, adopted by the General Assembly on 24 October 1970 (General Assembly resolution 2625 (XXV).

UNITED NATIONS WCAR DRAFT DECLARATION: SELECTED REFERENCES TO INDIGENOUS PEOPLES

UNITED NATIONS
GENERAL
A/CONF.189/4
20 August 2001
Original: ENGLISH

WORLD CONFERENCE AGAINST RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE

Durban, 31 August - 7 September 2001
Item 9 of the provisional agenda

CONFERENCE THEMES

DRAFT DECLARATION

SOURCES, CAUSES, FORMS AND CONTEMPORARY MANIFESTATIONS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE
Excerpts: 25. We express our concern that in some States political and legal structures or institutions, some of which were inherited and persist today, do not correspond to the multi-ethnic, pluricultural and plurilingual characteristics of the population and, in many cases, constitute an important factor of discrimination in the exclusion of indigenous peoples; (Adopted by the 3rd PrepCom) 26. Fully recognize the rights of indigenous peoples consistent with the principles of sovereignty and territorial integrity of States, and therefore stress the need to adopt the appropriate constitutional, administrative, legislative and judicial measures, including those derived from applicable international instruments; (Adopted by the 3rd PrepCom) 27. The use of the term "indigenous peoples" in the Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance cannot be construed as having any implications as to rights under international law. Any reference to rights associated with the term "indigenous peoples" is in the context of ongoing multilateral negotiations on texts that specifically deal with such rights and is without prejudice to the outcome of those negotiations; (Adopted by the 3rd PrepCom)

47. We recognize that the indigenous peoples have been victims of discrimination for centuries and affirm that they are free and equal in dignity and rights and should not suffer any discrimination, particularly on the basis of their indigenous origin and identity, and we stress the continuing need for action to overcome the persistent racism, racial discrimination, xenophobia and related intolerance that affect them; (Adopted by the 3rd PrepCom) 48. We recognize the value and diversity of the cultures and the heritage of indigenous peoples, whose singular contribution to the development and cultural pluralism of society and full participation in all aspects of society, in particular on issues that are of concern to them, are fundamental for political and social stability, and for the development of the States in which they live; (Adopted by the 3rd PrepCom 49. We reiterate our conviction that the full realization by indigenous peoples of their human rights and fundamental freedoms is indispensable for eliminating racism, racial discrimination, xenophobia and related intolerance. We firmly reiterate our determination to promote their full and equal enjoyment of civil, political, economic, social and cultural rights, as well as the benefits of sustainable development, while fully respecting their distinctive characteristics and their own initiatives; (Adopted by the 3rd PrepCom) 50. We emphasize that, in order for indigenous peoples freely to express their own identity and exercise their rights, they should be free from all forms of discrimination, which necessarily entails respect for their human rights and fundamental freedoms. Efforts are now being made to secure universal recognition for those rights in the negotiations on the draft declaration on the rights of indigenous peoples, including the following: to call themselves by their own names; to participate freely and on an equal footing in a country’s political, economic, social and cultural development; to maintain their own forms of organization, lifestyles, cultures and traditions; to maintain and use their own languages; to maintain their own economic structures in the areas where they live; to take part in the development of their educational systems and programmes; to manage their lands and natural resources, including hunting and fishing rights; and to have access to justice on a basis of equality; (Adopted by the 3rd PrepCom) 51. We also recognize the special relationship that indigenous peoples have with the land as the basis for their spiritual, physical and cultural existence and encourage States, wherever possible, to ensure that indigenous peoples are able to retain ownership of their lands and of those natural resources to which they are entitled under domestic law; (Adopted by the 3rd PrepCom) 52. We welcome the decision to create the Permanent Forum for Indigenous Issues within the United Nations system, giving concrete expression to major objectives of the International Decade of the World’s Indigenous People and the Vienna Programme of Action; (Adopted by the 3rd PrepCom) 53. We welcome the appointment by the United Nations of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and express our commitment to cooperate with the Special Rapporteur; (Adopted by the 3rd PrepCom)

REMARKS OF NATIONAL CHIEF MATTHEW COON COME - WORLD CONFERENCE AGAINST RACISM

THIRD SUMMIT OF THE AMERICAS

2. Human Rights and Fundamental Freedoms Recognizing that the universal protection and promotion of human rights, including civil, cultural, economic, political and social rights, as well as respect for the norms and principles of international humanitarian law based on the principles of universality, indivisibility and interdependence are fundamental to the functioning of democratic society, stressing the importance of respect for the rule of law, effective and equal access to justice and participation by all elements of society in public decision-making processes: Implementation of International Obligations and Respect for International Standards Consider signing and ratifying, ratifying, or acceding to, as soon as possible and as the case may be, all universal and hemispheric human rights instruments, take concrete measures at the national level to promote and strengthen respect for human rights and fundamental freedoms of all persons, including women, children, the elderly, indigenous peoples, migrants, returning citizens, persons with disabilities, and those belonging to other vulnerable or discriminated groups, and note that the use of the term "peoples" in this document cannot be construed as having any implications as to the rights that attach to the term under international law and that the rights associated with the term "indigenous peoples" have a context-specific meaning that is appropriately determined in the multilateral negotiations of the texts of declarations that specifically deal with such rights; Reaffirm their determination to combat and eliminate impunity at all levels within their societies by strengthening judicial systems and national human rights institutions; Combat, in accordance with international law, genocide, crimes against humanity and war crimes wherever they might occur, and in particular, call upon all states to consider ratifying or acceding to, as the case may be, the Rome Statute of the International Criminal Court; Recognize the importance of the Regional Preparatory Conference of the Americas against Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance held in Santiago, Chile, in December 2000, and undertake to participate actively in the World Conference to be held in South Africa in 2001, promoting its objectives and stressing that political platforms based on racism, xenophobia or doctrines of racial superiority must be condemned as incompatible with democracy and transparent and accountable governance; Support efforts in the OAS to consider the need to develop an inter-American convention against racism and related forms of discrimination and intolerance;