STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

More documents

Recommendations

Info

EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionthe fundamental connection between human rights, democracy and the rule oflaw. 33 In particular, Articles 7, 9, and 11 read:Article 7Democracy is indispensable for the effective exercise offundamental freedoms and human rights in their universality,indivisibility and interdependence, embodied in the respectiveconstitutions of states and in inter-American and internationalhuman rights instruments.Article 9The elimination of all forms of discrimination, especially gender,ethnic and race discrimination, as well as diverse forms ofintolerance, the promotion and protection of human rightsof Indigenous peoples and migrants, and respect for ethnic,cultural and religious diversity in the Americas contribute tostrengthening democracy and citizen participation.Article 11Democracy and social and economic development areinterdependent and are mutually reinforcing.It is the underlying principles of democracy that are necessarily and intimatelytied to the exercise of human rights by indigenous peoples as well as the equalapplication of the rule of law to indigenous individuals and groups.All of the key aspects of a human rights-based approach adopted byindigenous peoples require consideration: self-determination; the inter-related,interdependent and indivisible nature of human rights; universality; and humanrights, democracy and the rule of law. Too often, they have been overlooked anddenied within the indigenous context. Without a comprehensive understandingof these human rights principles, the full and effective exercise of indigenoushuman rights will not be achieved.it is the underlyingprinciples of democracythat are necessarily andintimately tied to theexercise of human rightsby indigenous peoplesas well as the equalapplication of the ruleof law to indigenousindividuals and groupsRelevant human rights instrumentsspecifically concerning indigenous peoplesThough indigenous peoples are the beneficiaries or subjects of all existinginternational human rights instruments, it is important to focus upon thoseinstruments that specifically address their distinct context.The United Nations Declaration on the Rights of Indigenous PeoplesThe General Assembly’s adoption on September 13, 2007 of the United NationsDeclaration on the Rights of Indigenous Peoples demonstrates the Organization’s33Inter-American Democratic Charter (2001).HUMAN RIGHTS | 197
EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributioncapacity to accommodate the distinct status of indigenous peoples. Theinstrument now provides an important framework for the realization of indigenouspeoples’ human rights as well as a benchmark for state accountability in relationto their specific obligations.the United NationsDeclaration is anextraordinary document,reflecting the importantbalance betweenindividual and collectiveindigenous human rightsas well as the legitimateinterests and concerns ofstate governmentsIn regard to its actual content, the United Nations Declaration is an extraordinarydocument, reflecting the important balance between individual and collectiveindigenous human rights as well as the legitimate interests and concerns of stategovernments. Though the entire Declaration is significant for indigenous peoples,there are a number of notable articles that deserve specific mention. Article 3embraces the right to self-determination and, when read in context with all otherrelevant preambular and operative paragraphs, it strikes the necessary balancebetween the exercise of this right by indigenous peoples and the internationalobligations of state governments. The matter of free, prior and informed consent,contained most specifically in Article 19, is an important dimension of the rightto self-determination and further ensures the “participatory” role of indigenouspeoples in matters that affect them.The articles addressing lands, territories and resources reinforce the distinctrights of indigenous peoples to their surrounding environment. These provisionshave been consistently expressed in the context of the profound relationship thatindigenous peoples have to their lands, territories and resources. Furthermore,the articles elaborate upon State obligations to recognize indigenous land rightsand to take action to affirm and safeguard them. The linkage between lands,territories and resources and the ability to exercise human rights, includingthe human right to development, are embodied in Article 23, which addressesindigenous peoples’ right to determine their own priorities for development.Overall, the fact that the text is consistent with international law and itsprogressive development, and more importantly the purposes and principles ofthe UN Charter, ensures that it will play a dynamic and lasting role in the futureof specific indigenous/state relations and international law generally.Australia endorses the UN Declaration on the Rights ofIndigenous PeoplesOn 3 April 2009, the Australian government officially endorsed the UnitedNations Declaration on the Rights of Indigenous Peoples, reversing theposition of the previous government and fulfilling a key election promise.The Minister for Indigenous Affairs, Jenny Macklin delivered a statementin support of the document at Parliament House, saying that the movewas a step forward in “re-setting” the relationship between Indigenousand non-Indigenous Australians. “The Declaration gives us new impetusto work together in trust and good faith to advance human rights andclose the gap between Indigenous and non-Indigenous Australians,” MsMacklin said.198 | CHAPTER VI
Page 1 and 2:
EMBARGOED UNTIL 14 January 2010Not
Page 3 and 4:
EMBARGOED UNTIL 14 January 2010STAT
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Bolivia Ecuador Guatemala Mexico Pe
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Page 136 and 137:
Page 138 and 139:
Page 140 and 141:
Page 142 and 143:
Page 144 and 145:
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159: EMBARGOED UNTIL 14 January 2010STAT
Page 250: EMBARGOED UNTIL 14 January 2010Not
show all

STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?