STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionRestoration of Ainu rights step nearerA Diet resolution last week recognizing the Ainu as indigenous to Hokkaido and neighbouring parts ofnorthern Japan has created hope that progress will be made in restoring the rights of the Ainu people.In response to the resolution, which was approved unanimously in both chambers of the legislature Friday,the government drew up out a policy the same to give official recognition of the indigenous status of theAinu for the first time.A slew of problems still need to be addressed from this point on, including how to deal with such issues asthe land and natural resources the Ainu were deprived of in the process of Japan’s modernization.Tadashi Kato, chairman of the Hokkaido Utari Association, was visibly overwhelmed with emotion at apress conference in the Diet Building following the adoption of the resolution.The Hakkaido Utari Association – Utari signifies brethren in Ainu – was formerly known as the AinuAssociation of Hokkaido. This body has working since the end of World War II to enhance the social statusof the Ainu, many of whom live in Hokkaido.“Mr. (Nobutaka) Machimura, the chief cabinet secretary, has made of clear that the government hasrecognized us as an indigenous people,” Kato said.“After a lapse of 140 years (since the Meiji Restoration), we can finally see some light. I can hardly find thewords to fully express our gratitude.”by Mariko Sakai and Shozo Nakayama, Daily Yomiuri, June 11, 2008Possible indicators of exercise and enjoyment ofhuman rightsA number of key questions about equality, racism, non-discrimination, access to justice systems, politicalrepresentation, participation in the political life of the state, exercise and enjoyment of the right of self-determinationand so forth may be useful starting points for an analysis of the exercise of human rights by indigenous peoples.Of course, any such indicators would have to be discussed and adapted on a case-by-case basis and dependentupon the issues facing particular indigenous communities.In regard to assessing the exercise or manifestation of the right of self-determination by indigenous peoples,communities and nations, some basic indicators might include analysis of state government positions andpolicies in relation to indigenous peoples’ self-determination. For instance, to what extent have various statesbeen requested to take action on the implementation of the right of self-determination of indigenous peoplesas understood in international law? What state policies impede or help to accelerate the exercise of selfdeterminationby indigenous peoples?HUMAN RIGHTS | 209
EMBARGOED UNTIL 14 January 2010STATE OF THE WORLD’S INDIGENOUS PEOPLESNot for distributionThe inter-related, inter-dependent and universal aspects of human rights arecrucial indicators of the exercise of the right of self-determination. The right ofself-determination is recognized as a pre-requisite to the exercise and enjoymentof all human rights. Hence the language of Article 3 of the UN Declaration on theRights of Indigenous Peoples:Indigenous peoples have the right of self-determination. Byvirtue of that right they freely determine their political status andfreely pursue their economic, social and cultural development.In this regard, do indigenous peoples exercise their human right to development,including social development, economic development, cultural development andspiritual development? Do indigenous peoples control all forms of developmentin their communities? In terms of universality, do some indigenous peoples’communities enjoy greater exercise of self-determination than others?do indigenous peoplesexercise their humanright to development,including socialdevelopment, economicdevelopment, culturaldevelopment andspiritual development?There is also an inter-relationship (meaning you cannot attain one without theother) between development, security and human rights. And, in this context,“security” is not confined solely to military security. Rather, in an indigenouscontext; do indigenous peoples enjoy environmental security? Do indigenouspeoples enjoy security in relation to their hunting, fishing and other gatheringrights? If self-determination had been effectively attained, it would embracesuch indigenous priorities and such questions would not have to be asked.The right to free, prior and informed consent is another crucial element of selfdetermination.Is it recognized and respected in relations, agreements, etc., withstates? Or is it diminished through mere “consultations” or denied and violatedthrough unilateral state actions?There is a strong correlation between the health of individuals and communitiesand the exercise or denial of the right of self-determination, with a growing bodyof evidence to support this thesis. Self-determination is intended to strengthencommunities, not weaken or devastate them. What are the health conditionsof indigenous communities, psychological, physical, etc.? Are the members ofindigenous communities healthy?Similar to health, is there equity of options and opportunity for indigenouspeoples and indigenous peoples’ communities? Poverty or the overall healthand viability of a community are other relevant indicators of the exercise ordenial of self-determination.Democracy, the rule of law and human rights are inter-related and importantdimensions of self-determination. Democracy in this context does not mean majorityrule. Rather, it suggests a review of democratic principles and whether they are inoperation within indigenous communities and in their relations with others.These are only preliminary suggestions for possible indicators with which toanalyse the extent to which indigenous human rights are respected, recognized,210 | CHAPTER VI
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STATE OF THE WORLD's INDIGENOUs PEOpLEs - CINU

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