Rights of indigenous people
Thursday, 9 August 2007
Khan Ferdousour Rahman
INDIGENOUS people live in a wide area of the world. They have a special claim to the right to self-determination. Being indigenous to the lands, their rights were violated by more powerful foreign forces. There is a growing recognition of the injustices that have been endured by indigenous people. The term 'indigenous' referred to the original inhabitants of North and South America in NGOs Conference at the UN Office at Geneva in 1977.
The most widely publicised definition of indigenous peoples and communities is the one put forward by the UN Special Rapporteur Jose R. Martinez Cobo -- "Indigenous communities, peoples and nations are those which, having continuity with pre-invasion and pre-colonial societies are developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to future generations their ancestral territories and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems. The historical continuity may consist of the continuation, for an external period reaching into present, of one or more of the factors as follows:
* Occupation of ancestral lands, or at least of part of them;
* Common ancestry with the original occupants of the lands;
* Culture in general, or in specific manifestation (such as religion, living under a tribal system, membership of international community, dress, means of livelihood, life-style etc.);
* Language (whether used as the only language, as mother-tongue, as the habitual means of communication at home or in the family, or as the main preferred, habitual general or normal language);
* Residence in certain parts of the country, or in certain regions of the world; and
* Other relevant factors."
Around 30 million people live in area in between Arctic Sea to South Pacific Ocean. Recent estimate of number of indigenous people have been revised upwards from 40-350 million. Amongst them, the Red Indians of America, the Samis of North Europe, Toris Strait Island People of Australia and the Mouris of New Zealand are important. They have separate political, social, economical and cultural heritage, but historically they are suppressed by the aggressors. Establishment and preservation of rights of indigenous people is a part of Human Rights as per the UN Charter and ILO. At the ceremony on December 10, 1992 in the General Assembly, which officially launched the International Year of the World's Indigenous People, the Secretary General Boutros Boutros Ghali stated that the future protection of the indigenous peoples would be a critical test of the integrity and effectiveness of the entire UN human rights system.
The struggle of world's indigenous people has already reached a new significant stage. The issues related to an effective protection of their human rights and fundamental freedoms are on the agenda of international community. Total eleven organisations of indigenous people had consultative status with Economic and Social Council (ECOSOC) of the UN to attend international and inter-governmental conferences. The Red Indians of America joined the League of Nations in 1920. The UN Sub-Committee was formed in 1948 with interest of Bolivia. Mr. Jose R. Martinez Cobo was made Special Rapporteur in 1971 to submit research report on them. The International Labour Organisation (ILO) published a research paper on them in 1953. Both Convention number 107 and Recommendation number 104 were adopted in 1957 for the protection of indigenous people. A separate convention was also adopted in 1989 for this purpose, i.e. ILO Convention on Indigenous and Tribal Peoples, 1989 (No. 169).
First International NGOs Conference for Indigenous people was held at Geneva in 1977. A survey was carried out by a NGO on their land use in 1981. The UN Working Group on them was formed in 1981. ECOSOC formed Working Group comprises of five members in 1982 on report of Cobo. The Working Group headed by Mrs. Erica-Irene prepared a draft Declaration in 1985 for the overall welfare of indigenous people. General Assembly in 1985 has created a voluntary fund for their welfare maintained by General Secretary, with advice from five members Board of Trustees- contributed by Australia, Canada, Denmark, Finland, Netherlands, Norway, Sweden, and three NGOs, i.e. The Baha's International Community, The Grand Council of the Crees and The Shimin Gaikon Centre of Japan.
ECOSOC employed Mr. Mirguel Alfonso Martinez to findout probability of agreement between indigenous people and states. Few seminars were also arranged in Geneva and other places in between 1978-83 on various issues of indigenous people. The Working Group is the centre of the issue, any human rights violation related to indigenous people may be forwarded to ECOSOC through Working Group following 1503 system. The Under Secretary General of the UN at Geneva looks after the matters related to them. UN declared 1993 as World Indigenous People Year.
However, further efforts should be made by accelerating the elaboration of the draft UN Declaration on Indigenous Rights, which is still pending before the ad hoc Working Group of the Commission of Human Rights. It needs to complete the work for the establishment of a Permanent Forum for Indigenous Peoples, which is also an issue before the Working Group.
There must be continuous future constructive dialogue and consultation at the annual meetings of the UN Working Group on indigenous populations, which should focus in particular on the degree of independence of indigenous peoples from the states in which they have lived, and the extent of which indigenous peoples have standing to participate formally and actively in UN system's decision making organs and bodies.
The writer is a freelancer and can be reached at e-mail:
ferdous3820@yahoo.co.uk
INDIGENOUS people live in a wide area of the world. They have a special claim to the right to self-determination. Being indigenous to the lands, their rights were violated by more powerful foreign forces. There is a growing recognition of the injustices that have been endured by indigenous people. The term 'indigenous' referred to the original inhabitants of North and South America in NGOs Conference at the UN Office at Geneva in 1977.
The most widely publicised definition of indigenous peoples and communities is the one put forward by the UN Special Rapporteur Jose R. Martinez Cobo -- "Indigenous communities, peoples and nations are those which, having continuity with pre-invasion and pre-colonial societies are developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to future generations their ancestral territories and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems. The historical continuity may consist of the continuation, for an external period reaching into present, of one or more of the factors as follows:
* Occupation of ancestral lands, or at least of part of them;
* Common ancestry with the original occupants of the lands;
* Culture in general, or in specific manifestation (such as religion, living under a tribal system, membership of international community, dress, means of livelihood, life-style etc.);
* Language (whether used as the only language, as mother-tongue, as the habitual means of communication at home or in the family, or as the main preferred, habitual general or normal language);
* Residence in certain parts of the country, or in certain regions of the world; and
* Other relevant factors."
Around 30 million people live in area in between Arctic Sea to South Pacific Ocean. Recent estimate of number of indigenous people have been revised upwards from 40-350 million. Amongst them, the Red Indians of America, the Samis of North Europe, Toris Strait Island People of Australia and the Mouris of New Zealand are important. They have separate political, social, economical and cultural heritage, but historically they are suppressed by the aggressors. Establishment and preservation of rights of indigenous people is a part of Human Rights as per the UN Charter and ILO. At the ceremony on December 10, 1992 in the General Assembly, which officially launched the International Year of the World's Indigenous People, the Secretary General Boutros Boutros Ghali stated that the future protection of the indigenous peoples would be a critical test of the integrity and effectiveness of the entire UN human rights system.
The struggle of world's indigenous people has already reached a new significant stage. The issues related to an effective protection of their human rights and fundamental freedoms are on the agenda of international community. Total eleven organisations of indigenous people had consultative status with Economic and Social Council (ECOSOC) of the UN to attend international and inter-governmental conferences. The Red Indians of America joined the League of Nations in 1920. The UN Sub-Committee was formed in 1948 with interest of Bolivia. Mr. Jose R. Martinez Cobo was made Special Rapporteur in 1971 to submit research report on them. The International Labour Organisation (ILO) published a research paper on them in 1953. Both Convention number 107 and Recommendation number 104 were adopted in 1957 for the protection of indigenous people. A separate convention was also adopted in 1989 for this purpose, i.e. ILO Convention on Indigenous and Tribal Peoples, 1989 (No. 169).
First International NGOs Conference for Indigenous people was held at Geneva in 1977. A survey was carried out by a NGO on their land use in 1981. The UN Working Group on them was formed in 1981. ECOSOC formed Working Group comprises of five members in 1982 on report of Cobo. The Working Group headed by Mrs. Erica-Irene prepared a draft Declaration in 1985 for the overall welfare of indigenous people. General Assembly in 1985 has created a voluntary fund for their welfare maintained by General Secretary, with advice from five members Board of Trustees- contributed by Australia, Canada, Denmark, Finland, Netherlands, Norway, Sweden, and three NGOs, i.e. The Baha's International Community, The Grand Council of the Crees and The Shimin Gaikon Centre of Japan.
ECOSOC employed Mr. Mirguel Alfonso Martinez to findout probability of agreement between indigenous people and states. Few seminars were also arranged in Geneva and other places in between 1978-83 on various issues of indigenous people. The Working Group is the centre of the issue, any human rights violation related to indigenous people may be forwarded to ECOSOC through Working Group following 1503 system. The Under Secretary General of the UN at Geneva looks after the matters related to them. UN declared 1993 as World Indigenous People Year.
However, further efforts should be made by accelerating the elaboration of the draft UN Declaration on Indigenous Rights, which is still pending before the ad hoc Working Group of the Commission of Human Rights. It needs to complete the work for the establishment of a Permanent Forum for Indigenous Peoples, which is also an issue before the Working Group.
There must be continuous future constructive dialogue and consultation at the annual meetings of the UN Working Group on indigenous populations, which should focus in particular on the degree of independence of indigenous peoples from the states in which they have lived, and the extent of which indigenous peoples have standing to participate formally and actively in UN system's decision making organs and bodies.
The writer is a freelancer and can be reached at e-mail:
ferdous3820@yahoo.co.uk