UNDRIP Report - English FINAL - International Forum on Globalization

Discussion
Trevor Stevenson of the Amazon Alliance stated that
the experience in the Amazon reinforces the lessons
learned in the successful campaign for <strong>UNDRIP</strong>
because “building the unity, the organization, and
the effectiveness of the indigenous movement is the
core of being able to move forward.” He said
corporations and governments use divisive tactics to
counteract the strengths that indigenous movements
are building, and the Declaration could be used as a
way to combat those attacks. “We’ve seen many
efforts to divide the indigenous movement’s
leadership, to determine who the leaders are, and
what the leaders do,” said Stevenson. He warned
that both friends with good intentions as well as big
conservation organizations and corporations
sometimes pay indigenous leaders to act as their
representatives within the indigenous movement.
He also encouraged organizations to reject the
divisive tactics of those opposing indigenous rights
by using the Declaration’s Articles 32 and 34. Article
32 declares, “States shall consult and cooperate in
good faith with indigenous peoples’ concerns
through their own representative institutions in
order to obtain their free, prior, and informed
consent.” Article 34 states that “indigenous peoples
have the right to promote, develop and maintain
their institutional structures.” These articles also
promote capacity building within indigenous
organizations.
Victoria Tauli-Corpuz responded by stating that,
“the process of drafting and negotiating the
Declaration led to the development of trust between
the different members of the caucus. There have been
conflicts and tensions but these were resolved along
the way because there was a common goal which
had to be achieved with the cooperation of
everybody. During this whole process we were able
to discern who are those who represent indigenous
peoples internationally. In the Philippines, they have
agreed that regardless of individual politics, the basis
of their unity is the Declaration. She warned against
name calling of indigenous people as puppets of
organizations and interests, and identified it
potentially as a divisive practice. In addition, she
supported the respect of indigenous people within
their many roles as representatives, but also noted
“maybe what we are trying to do now is just to get
better in terms of trying to reel in our own
indigenous representatives.”
Marcos Orellana of the Center for <strong>International</strong>
Environmental Law (CIEL) shared his observations
on the “legal studies” of the Declaration. “It is often
said that it is nonbinding and states are not required
to comply with it. I don’t think this is particularly
accurate or helpful,” said Orellana. To combat this,
Orellana stated, “The Declaration can be referred to
as customary as a first approach.” He found that the
distinction between the old Declaration, or particular
revisions of the old Declaration, was very important.
“Secondly, this is not the first instrument recognized
as conferring rights on the indigenous peoples’
struggles,” stated Orellana. “The recognition of those
rights at other human rights conventions or in other
international instruments can inform as a matter of
interpretation on the Declaration on the Rights of
Indigenous Peoples.” Thirdly, he referred to the
principle of nonregression as an ally in
implementation: “that States cannot fail to recognize
and implement rights already recognized in the
pretext of their other instruments that recognized
them less, or in a lesser fashion.” He cited that the
ILO rejected Article 169 because it violated the
constitution and the principle of nonregression.
Tom Goldtooth agreed that many different articles
can be captured at the national level for
“strengthening those aspects of treaty rights, or our
customary rights, in the United States and Canada.”
He echoed Stevenson’s warning that industry may
work with governments to co-opt indigenous
communities, which is tied to the historical issues of
colonization and internalized oppression. Goldtooth
noted, “Many of us who are from the community and
working to build a healthy sustainable community
know it’s not easy work for leaders to balance these
kind of things. It is hard work.” He encouraged open
and active dialogue between indigenous
communities and NGOs to avoid the political pitfalls
and to create clear collaborations. “It is all about
relationship,” said Goldtooth.
Victor Menotti of the IFG asked for someone in the
group to elaborate on the different institutional
spaces or political processes where we could utilize
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