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Indigenous Peoples

4 Pages

International Development
Course Code
INTD 200
Karen Mc Allister

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Indigenous Peoples - Issue of indig ppls most imp HR issue in Cda (issue crit in Cda most often) - UN HR Council, treaty body, OAS - Also major issues throughout Americas: US, Central Am, Lat Am + Australia, New Zealand - Internat lang, use term ‘indigenous’  Canada, use ‘aboriginal’ - Cdn Constit of 1867, use term ‘Indian’, but not used today - Even in Constit Act of 1982, use terms Indian, Inuit, Metis - No longer use term Eskimo (use Inuit instead) - Use term First Nations for native tribes here as nations before contact  Before contact = before coming of English/Fr/Spanish/Portuguese - Native peoples = First Nations, Inuit, Metis - Canada in legal lang = aboriginal although First Nations call themselves First Nations - Make it clear that it is ‘nations’ b/c tendency in Cda put all aboriginals in 1 basket as if all same - Other diff issue of dealing w/indig ppls = definition of who are indig ppls - No universal accepted definition - ILO Convention 169 on Indig + Tribal Ppls  Deals w/indig ppls, had definition H: many indig organisations around world did not accept - Def mostly in Ams, Aus, NZ: those nations/tribes which existed prior to Eur contact which had a land base, distinct lang, culture, relig/spirituality, economy, social structures, laws, governance - UN Decl on Rights of Indig Ppls  There is no def on who indig ppl are  Article 33: indig ppls have right of self-identification as w/respect to membership  Prob: s/confusion b/w what are known as indig ppls + tribal ppls  Tribal ppls had in mind = ppls lived apart fr/mainstream pops, diff langs + customs but different fr/native ppls b/c here as long as mainstream ppls  Now: claiming to be indig ppls themselves  H: in ILO convention, they are ‘tribal’ b/c not quite the same as indig ppls of Americas who had been here for thousands of years  Definition becomes imp b/c have to distinguish indig ppls fr/other ppls who might have collective rights + therefore rights to self-determination  Article 1 ICCPR + ICESCR: all ppls have right of self-determination, can freely determ poli status, freely pursue econ, soc, cultural devel  If ‘ppl’ under Article 1 of both these conventions, have these rights  If ppl make claim under this Article, doing so as indig ppls - Who are these indig ppls + where are they found? - ~5,000 grps in world who self-identify themselves as indig ppls (370M ppl approx 70 nats) - All of these indig ppls have been extremely marginalized, exploited, vulnerable, low end of poverty level - Indig rights? - All rights which these nations/ppls had prior to contact + which they never surrendered  If they had lands, resources, langs, cultures, laws, forms of gov + never gave those up, those are part of their aborig rights  Since adoption of UN Decl on Rights Indig Ppls 2007, sets out rights in greater detail - Reason why went to internat bodies, couldn’t get justice at home - 1923: Kayuga Chief went to League of Nations as rep of 6 nations Iroquois - Tried to get into League of Nations to explain grievances in Cda + US - Wanted to get into to claim for justice of violations of HR  Spent a year in Geneva to try + speak to L of N, denied access - Warmly received by ppl in Geneva + they tried to help him H: couldn’t get in - Year later: TW Ratana (NZ) also went to complain that 1840 Treaty of Watangi had been broken by NZ gov (supposed to guarantee Maori ownership of their lands)  Tried to go to get recog of their rights, H: also denied access to L of N - 1945 w/est of UN + 1948 adoption of UDHR, indig bodies fr/around world tried to get access to UN - H: doors were continually closed to them until 1971 - Despite fact that in 1957, ILO adopted convention regarding forced labour of indig ppls  Narrowly adopted convention about exploitation of indig ppls H: did it w/out admitting it to indig ppls/UN - 1971: doors slowly opened + process of recog began - Began b/c subcommittee of Commission on HR made up of experts, decided to appoint special rapporteur to look into probs + complaints + issues relating to indig ppls (José Martinez Cobo) - Spent 10 years studying problem, issue report in 5 volumes (1981-1984)  Appealed for action by UN to supp grievances of indig ppls - 1977: UN decided to have conference on indig rights - Cobo’s work had stirred up a lot of interest, indig ppl around world better recog + organised - Conference to deal w/discrim against indig ppl - 200 indig ppl fr/around the world showed up, but didn’t want to let them in  Lots of lobbying, demonstrating  finally let them in - 1982: subcommittee of UN HR Commission set up Working Group on Indig Ppls (WGIP) - Set up drafting of UN instrument ended up being UN Decl on Rights of Indig Ppl - Ppl on this working group (5 ppl) took POV that would hear indig grps fr/around world - Meetings that discussed what should be in this draft decl  diplomats sat side by side indig leaders around world - Published report 1994 + referred it to UN Commission on HR  Report inclu draft Decl on Rights of Indig Ppls  Indig ppls strongly supp draft + didn’t want it change  When referred back to UN Commission on HR, referred to Working Group on Draft Decl nd  2 working group made up of diplomats rep nats  not HR experts  They started their work in 1994, went on to 2006  Took a much tougher position but maintained same process as previous WG  Result of this process + fact that indig ppl came all over world, finally formed indig c
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