(The following article is from the October 1-15, 2007 issue of People's Voice, Canada's leading communist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $25/year, or $12 low income rate; for U.S. readers - $25 US per year; other overseas readers - $25 US or $35 CDN per year. Send to: People's Voice, c/o PV Business Manager, 133 Herkimer St. Unit 502, Hamilton, ON, L8P 2H3.)
PV Vancouver Bureau
The UN General Assembly has adopted a "non-binding" declaration protecting the human, land and resources rights of the world's 370 million indigenous people. The Sept. 13 vote saw 143 countries in favour, with only four opposed: Australia, Canada, New Zealand and the United States. Eleven countries, including Russia and Colombia, abstained.
The declaration, capping more than 20 years of debate at the United Nations, recognizes the right of indigenous peoples to self-determination and sets global human rights standards for them. It states that native people have the right "to the recognition, observance and enforcement of treaties" concluded with states or their successors.
This is crucial for indigenous peoples today, as their lands are threatened by mineral extraction, logging, environmental contamination, privatization and development projects, classification of lands as protected areas or game reserves and use of genetically modified seeds and technology.
UN chief Ban Ki-moon hailed the vote as "a historic moment when UN member states and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all."
But Canada, Australia, New Zealand and the U.S., countries with land bases entirely taken from the original peoples, voiced concerns over provisions on self-determination, land and resources rights, and indigenous right of veto over national legislation and state management of resources.
For example, one article of the Declaration says "states shall give legal recognition and protection" to lands, territories and resources traditionally "owned, occupied or otherwise used or acquired" by indigenous peoples. Another article upholds native peoples' right to "redress by means that can include restitution or when not possible just, fair and equitable compensation, for their lands and resources "which have been confiscated, taken, occupied, used or damaged without their free, prior ad informed consent".
The Declaration calls on states "to consult and cooperate in good faith with the indigenous peoples ...to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources."
A large part of the world's remaining natural resources - minerals, freshwater, potential energy sources - are found within indigenous peoples' territories.
"Unfortunately, the provisions in the Declaration on lands, territories and resources are overly broad, unclear, and capable of a wide variety of interpretations, discounting the need to recognize a range of rights over land and possibly putting into question matters that have been settled by treaty," Canada's UN Ambassador John McNee told the assembly.
Phil Fontaine, the National Chief of the Assembly of First Nations, said "While the Declaration is not perfect, it is a step toward setting minimum standards for the survival, dignity and well-being of Indigenous people everywhere. It's a day to celebrate."
"The Declaration recognizes our collective histories, traditions, cultures, languages, and spirituality," said Fontaine. "It is an important international instrument that supports the activities and efforts of Indigenous peoples to have their rights fully recognized, respected and implemented by state governments."
However, Fontaine expressed grave concern that "as part of a small group of like-minded colonial nations, Canada is seeking to prevent the global community from giving recognition to the rights of indigenous citizens." The Harper government lobbied to convince other countries to not support the Declaration.
"Canada prides itself as a protector of human rights. It is a member of the UN Human Rights Council, yet it is disappointing today to see this government vote against recognizing the basic rights of Canada's First Peoples. This is a stain on the country's international reputation," said Fontaine.
Speaking for another Aboriginal people recognized by the Canadian constitution, the Métis National Council said it "applauds the historic adoption of the UN Declaration on the Rights of Indigenous Peoples" after more than 20 years of intensive negotiations between nation-states and Indigenous peoples. The MNC pointed out that the UN Declaration "is distinct as the only international instrument in which Indigenous peoples' representatives played a key role in UN standard-setting processes. The Declaration contains both individual and collective rights, recognizes the right of indigenous peoples' right to self-determination, and sets the minimum standards necessary to achieve the wellbeing, dignity and survival of the more than 370 million Indigenous people worldwide."
Canada's Aboriginal population, including First Nations, Métis and Inuit, totals 1.3 million out of a total population of 32.7 million.
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