Indigenous Peoples Human Rights Resource Kit, Activism Hand Book
Chapter III: Self Determination
Indigenous people 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;
Article 3, from the
Draft Declaration on t he Rights of Indigenous Peoples
I. Human Rights, Indigenous Peoples, and Self Determination
To learn the “ins and outs” of Self-Determination, shelves of books are written on the topic and volumes of research cover the in-depth history and prominence of Self Determination in international law. This chapter will cover some of the legal-like jargon that has already won a prominent place in the Thesis’ of many. The goal of this chapter is to explain concisely for the human rights activist how Self Determination fits in the Human Rights Framework. This chapter will look at international definitions as they relate to present and past challenges and actions at the local level.
Self-Determination is no little thing. In fact, some speculate that it is at the heart of all Indigenous Peoples’ struggles for survival. These two terms, Survival and Self Determination, are often closely related in literature.
There is good reason for this. If and when Indigenous Peoples are afforded their inherent rights to self determination, they can freely determine the course of their existence, their means of survival, development, and more.
Simply put, self determination is the right of Peoples to have control over the affairs affecting and governing them, including specifically government participation and access to decision-making as well as the right to determine the political, social, and cultural well being which govern a Peoples. Indigenous Peoples have for many years been advocating for these rights in their own lands across the globe, and at the United Nations and other international bodies. In the US sovereignty is used to also describe these rights.
Self Determination affects a peoples’ ability to:
· Govern themselves by establishing systems of government which most effectively represent and meet the needs of its peoples;
· Secure access to and success in education;
· Protect against the patenting of human life and ancestral blood lines;
· Promote and renew traditional languages and culture
· Sustain development of the natural resources found within their existing lands, as opposed to the exploitive destruction which occurs from over development by outside entities;
· Freely practice religion;
· Participate as decision makers in processes which affect the lands, air, peoples and resources within their territory;
· Raise their children in environments which foster their growth and continued development;
· Claim Intellectual property rights to systems and life ways that are currently being stolen and claimed as new inventions, patented and the marketed;
· Develop trade and protection of natural resources;
· Share with other societies the knowledge which is unique to their peoples, free of misappropriation
· Sustain generation after generation of its peoples and ways of life.
This chapter will discuss definitions of self-determination and Peoples and sets a practical context for the vital role self determination holds in the ongoing struggle to build sustainable Nations and Peoples. The collective rights of Indigenous Peoples will also be addressed in this chapter.
Indigenous Peoples have engaged in the struggle for recognition and protection of human rights within the United Nations and international arena for over thirty years. Within this period of time there have been many significant advances, yet there are still numerous obstacles. These obstacles, often perceived as threats, are brought on by nation states and now corporations. They continue to persist at the international level as well as at the ground level in local communities where they serve as barriers towards achieving and realizing Human Rights.
One of the longest ongoing collective efforts undertaken at the United Nations by Indigenous Peoples is the struggle for the recognition of the right to self-determination. The right to self-determination -- the right of peoples to be self-governing -- is a right afforded to all peoples. Indigenous Peoples contend that this right is inherent, and that the struggle is the international world failing to recognize these rights.
With the threats of contemporary forms of colonization, such as globalization and biocolonialism, Indigenous Peoples are faced with a pressing situation that calls for the immediate recognition of their inherent right to self determination and the ability to exercise that right freely.
The prevailing view of many nation states is that their country will become a “Nation Divided,” with separate nations within Nations operating in a way that is contrary and, therefore, in conflict with the recognized Nation State, or Federal Governments. However, there is much evidence and writing which speaks to the contrary and recognizes the rights to self-determination as a positive and effective means of conflict resolution and peaceful coexistence.
This (this what?) also leads to the fulfillment of other rights that, without the ability to exercise self determination, Indigenous Peoples are unable to fully enjoy. These include basic fundamental human rights, such as the right to education, safety, home, identity, dignity, food, children, health, freedom of religion, etc.
II. DEFINITIONS OF TERMS AND THEMES: What does this all m ean?
Sovereign people of varying cultures have the absolute
right to live in harmony with mother earth so long as
they do not infringe upon the same right of other peoples.
From the preamble to the
Declaration of Continuing I ndependence of the
Sovereign Native American Indian Nations, June 1974
Within international law, all peoples are afforded the right to self determination. Indigenous Peoples are entitled to the same rights afforded to all peoples, and these rights are recognized throughout various international instruments.
Other Important distinctions:
The Native North American Almanac (Champagne)
Self Determination: Indians exercising their right to govern and make decisions affecting their own lives and affairs on their own land. In international law, self-determination is the right of every “people” to choose its own form of government and control its own future. Since the 1970’s Congress has used this word to describe programs designed to give Indian tribes greater control over the schools, health facilities, and social services on reservations. See Indian Self-Determination and Education Assistance Act.
Sovereignty: Deriving from sovereign, which means a ruler or king. In international law, being completely independent and not subject to any other ruler or government. Sovereignty is the inherent right of a nation to exercise complete and absolute governance over its people and its affairs. In U.S. federal Indian law, sovereignty means having distinct, but not completely independent, government.
European colonizers drafted treaties with indigenous peoples of Turtle Island….Treaties “sovereignty” then became the recognition of self government in the U.S.
A. Why Should “Peoples” have rights different than individuals? Aren’t these rights covered in the UDHR?
There are two documents, in addition to the Universal Declaration of Human Rights (UDHR), which specifically address the rights of Peoples. These documents, or covenants, are:
¨ The United Nation International Covenant on Economic, Social, and Cultural Rights
¨ The United Nation International Covenant on Civil and Political Rights
Together with the UDHR, these covenants form the International Bill of Human Rights. The first article of both covenants refers specifically to the rights of all Peoples:
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.
2. All peoples may, for their own ends, freely dispose of their natural wealth and
resources without prejudice to any obligations arising out of international
economic co-operation, based upon the principle of mutual benefit, and
international law. In no case may a people be deprived of its own means of
subsistence.
3. The States’ Parties to the present Covenant (point of clarification: is the present covenant the Internat’l Bill of Human Rights?), including those having responsibility
for the administration of Non-Self-Governing and Trust Territories, shall promote
the realization of the right to self-determination, and shall respect that right in
conformity with the provisions of the Charter of the United Nations.
This article is typically referred to by most advocates and activists for Indigenous Peoples human rights as “Article I in common”. This article is the basis for Indigenous Peoples’ claim to the rights afforded to all peoples under international law.
B. Who are Indigenous Peoples?
The definition of Indigenous Peoples was explained in Chapter I on Culture and Identity. This section looks at how the international community and international law defines peoples.
1. WHAT ARE PEOPLES?
International Commission of Jurists – criteria to define a people who
possess the right to self-determination :
1. A common history;
2. Racial or ethnic ties;
3. A sufficient number of people;
4. A common territory or geographic location;
5. A common economic base; and
6. A sufficient number of people.
This definition clearly delineates the distinction of Indigenous Peoples as Peoples. This point often eludes human rights activists and practitioners who are unaware of the intricacies involved in the struggle for recognition of the rights of Indigenous Peoples to self-determination. This lack of information leads many to ask why there are not other disenfranchised/ marginalized/ disadvantaged/minority communities? Or why Indigenous Peoples are not included in a string of “other” categories that must be accounted for when drafting language. [ The difference is the classification of the rights to peoples includes the issue of collective rights while that of minorities does not.]
Collective Rights
A. MODELS OF SOVEREIGNTY
- Independence, integration or other models
Self Government
III. CHALLENGES
Access to knowledge and peoples' ideas reduces the possibili ty of conflict and
increases the possibility of cooperation on the basis of mutual consent. By
democratizing relations between peoples, between na tions and states, the diversity
of nations and their cultures will continue to enrich the world.
The Underlying Principle Guiding the Center for Indigenous World Studies
Self Determination: Although it is a right afforded to all Peoples, certain governments refuse to recognize this right as it pertains to Indigenous Peoples. This lack of recognition has been an ongoing struggle for Indigenous Peoples in the international advocacy for many years.
Self determination remains the fundamental right engaged in by Indigenous Peoples in the pursuit to receive recognition by Nation States. From this recognition other freedoms and rights necessary for the survival and continued growth of indigenous peoples and their communities spring forth.
Colonization and the subsequent weakened recognition by the colonizer for the inherent rights of Indigenous Peoples to self governance and control over land, territories and resources has directly contributed to the stunted progress of Indigenous Peoples to overcome economic, political and social barriers. Colonization continues to contribute to the prevention [look at preamble] of healthy, sustainable and successful development. Instead, destructive means of development cause further destruction in many lasting forms and impede development and growth of these nations.
A. OBSTACLES TO EXERCISE SELF-DETERMINATION
WCAR and IPs
Some governments, such as the United States government, adamantly oppose use of the word “peoples” in the context of Indigenous Peoples
Mr. Miguel Alfonso-Martinez Study of Treaties, Agreements and Other Constructive Arrangements Between States and indigenous populations (1999)
Biocolonialism
B. EXAMPLES OF ACTIVISM
- E.G., native-run government
- Sustainable and successful models of Economic and Community Development
- National Indian Justice Center, Joseph Meyers Intertribal Court of California
-
Voices and examples
IV ACTION
A. STRATEGIC PLANNING IN THE COMMUNITY
· Reconciliation movement in Australia
o Input from Mark Yettica-Paulson, three distinct forms of Decision making and governance
· Conflict Resolution/Mediation/Negotiation
· UN Decade of Indigenous Peoples
o Educate
o Make visible
Trade liberalization and export-oriented development, which are the overriding principles and policies pushed by the WTO, are cr eating the most adverse impacts on the lives of Indigenous Peoples. Our inherent right to self-determination, our sovereignty as nations, and treaties and other constructive agreements which Indigenous nations and Peoples have negotiated with other nation-states, are undermined by most of the WTO Agreements. The disproportionate impact of these Agreements on our communities, whether through environmental degradation or the militarization and violence that often accompanies development projects, is serious and therefore should be addressed immediately.
INDIGENOUS PEOPLES' SEATTLE DECLARATION
on the occasion of the
Third Ministerial Meeting of the World Trade Organization
November 30-December 3, 1999
V. RESOURCES
A. Internet
Indigenous Self-Determination in Education
/activism/pgtwo.html
B. Organizations
C. Books and Articles
REFERENCES: (needs correct citations)
Indian Rights Human Rights Handbook for Indians of International Human Rights Complaint Procedures
Indian Law Resource Center, 1984, second Printing 1988
Human Rights the rights of Indigenous Peoples Fact Sheet No. 9 (Rev.1) United Nations High Commissioner/Center for Human Rights
The Native North American Almanac, Duane Champagne, Editor 1994
Political Theory and the Rights of Indigenous Peoples, Edited by Duncan Ivison, Paul Patton and Will Sanders, Cambridge University Press 2000
Decolonizing Methodologies: Research and Indigenous Peoples, Linda Tuhiwai Smith, University of Otago Press, 2001
Indigenous Peoples in International Law, S James Anaya NY: Oxford University Press 1996
Peoples’ Rights, Ed by Philip Alston: Oxford University Press 2001
PEACE, POWER and RIGHTEOUSNESS and indigenous manifesto, Taiaiake Alfred, Oxford University Press Canada 1999
Articles from the Draft Declaration on the Rights of Indigenous Peoples:
Article 3.
Indigenous people 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;
Article 4. Indigenous peoples have the right to maintain and strengthen their distinct political, economic, social and cultural characteristics, as well as their legal systems, while retaining their rights to participate fully, if they so choose, in the political, economic, social , and cultural life of the State;
Article 5.
Every Indigenous person has the right to belong to a nationality;
Article 9.
Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No disadvantage of any kind may arise from the exercise of such a right;