|
Today's
Stories
February 10, 2006
Saree Makdisi
The Tempest Over the Hamas Charter
February 9,
2006
Dave Lindorff
Bush
and Yamashita: War Crimes and Commanders-in-Chief
Mike Marqusee
The
Human Majority was Right About Iraq
Paul Craig Roberts
How Conservatives Went Crazy: the Rightwing Press
Peter Phillips
Inside
the Global Dominance Group: 200 Insiders Against the World
William S. Lind
Rumsfeld the Maximalist: the Long War
Christine Tomlinson Innocent
Targets in the "Long War": False Positives and Bush's
Eavesdropping Program
Will Youmans
Church of England Votes to Divest from Israel
Robert Robideau
An American Indian's View of the Cartoons
Richard Neville
The Cartoons That Shook the World: All This from the Danes, the
Least Funny People on Earth
Peter Rost
The New Robber Barons
Website of the Day
Eyes Wide Open
February 8,
2006
Ron Jacobs
The
Once and Future Sly Stone: Soundtrack to a Riot
Stan Cox
Making
and Unmaking History with General Myers
Sen. Russ Feingold
Why
Bush's Wiretapping Program is Illegal and Unconstitutional
Robert Jensen
Horowitz's
Academic Hit List: Take a Class from One of the CounterPunch
16
Rep. Cynthia McKinney
Bush Should Have Wiretapped FEMA and Chertoff
Niranjan Ramakrishnan
Alberto Gonzales Channels Mark Twain
Don Monkerud
Covenant Marriage on the Rocks
David Swanson
Inequality and War
C.L. Cook
Nuking Ontario
Christopher
Fons
Chill Out Jihadis: They're Just Cartoons!
Jeffrey Ballinger
The Other Side of Nike and Social Responsibility
Website of
the Day
Encyclopedia of Terrorism in the Americas
February 7,
2006
Edward Lucie-Smith
An
Urgent Plea to Save a Small Estonian Museum from Neo-Nazis
Robert Fisk
The Fury: Now Lebanon is Burning
Paul Craig Roberts
Colin Powell's Career as a "Yes Man"
Neve Gordon
Why Hamas Won
Joshua Frank
The Hillary and George Show: Partners in War
Peter Montague
The Problem with Mercury: a History of Regulatory Capitulation
Jackie Corr
The
Last Best Choice: Public Power and Montana
Jeffrey St.
Clair
Rumsfeld's
Enforcer: the Secret World of Stephen Cambone
Website of the Day
Negroes with Guns
February 6,
2006
Christopher
Brauchli
Spilling
Blood: Two Sentences
Robert Fisk
Don't
Be Fooled: This Isn't About Islam vs. Secularism
John Chuckman
What Did Stephen Harper Actually Win?
Jenna Orkin
Judge Slams EPA for Lying About 9/11's Toxic Air
Paul Craig
Roberts
Who
Will Save America: My Epiphany
February 4
/ 5, 2006
Alexander Cockburn
"Lights
Out in Tehran": McCain Starts Bombing Run
Mike Ferner
Pentagon
Database Leaves No Kid Alone
James Petras
Evo Morales's Cabinet: a Bizarre Beginning in Bolivia
Alan Maass
Scare of the Union: Dems Collaborate with Bush on Surveillance
Fred Gardner
Annals of Law Enforcement: a Look Inside the San Francisco DA's
Office
Ralph Nader
Bush's
Energy Escapades
Bill Glahn
RIAA Watch: Speaking in Tongues
Saul Landau
Freedom 2006: Buying Sex on the Net or Those Older Freedoms?
Laura Carlsen
Bad Blood on the Border: Killing Guillermo Martinez
James Brooks
Our Little Shop of Diplomatic Horrors
Mike Roselle
Hippies and Revolutionaries in Carcacas
John Holt
Black Gold, Black Death: Canada's Oil Sands Frenzy
Sarah Ferguson
Cops Suing Cops ... for Spying on Cops
William S.
Lind
Beware the Ides of March
Niranjan Ramakrishnan
The Price of Globalization: Free Trade or Free Speech?
Seth Sandronsky
The Color of Job Cuts in the Auto Industry
Derrick O'Keefe
Rumsfeld's Hitler Analogy
Michael Donnelly
Hop on the Bus
Ron Jacobs
Religion and Political Power
Elisa Salasin
RSVP to Bush
St. Clair / Vest
Playlists: What We're Listening to This Week
Stew Albert
God's Curse: Selected Poems
Poets' Basement
Guthrie, LaMorticella and Engel
Website of
the Weekend
Killer
Tells All!
February 3,
2006
Toufic Haddad
A
Parliament of Prisoners
Heather Gray
Working with Coretta Scott King
Tim Wise
Racism,
Neo-Confederacy and the Raising of Historical Illiterates
Conn Hallinan
Nuclear Proliferation: the Gathering Storm
Eva Golinger
Rumsfeld and Negroponte Amp Up Hositility Toward Venezuela
Daniel Ellsberg
The World Can't Wait: Invitation to a Demonstration
Dave Zirin
Detroit: Super Bowl City on the Brink
Robert Bryce
The
Problem with Cutting US Oil Imports from the Middle East
Website of
the Day
The Chavez Code
February 2,
2006
Winslow T.
Wheeler
Pentagon
Pork: How to Eliminate It
Stan Cox
Outsourcing
the Golden Years
Rachard Itani
Danes
(Finally) Apologize to Muslims (For the Wrong Reasons)
Mike Whitney
Afghanistan Five Years Later: Buildings Down, Heroin Up
Amira Hass
In
the Footsteps of Arafat: an Interview with Hamas' Ismail Haniya
Norman Solomon
When Praise is Desecration: Smothering King's Legacy with Kind
Words
Michael Simmons
Stew Lives!
Christopher
Reed
Japan's
Dirty Secret: One Million Korean Slaves
Website of the Day
State of Nature
February 1,
2006
Sharon Smith
The
Bluff and Bluster Dems: Alito and the Faux Filibuster
Jason Leopold
Enron and the Bush Administration
Cindy Sheehan
Getting
Busted at the State of the Union: What Really Happened
Joseph Grosso
Oprah
and Elie Wiesel: a Match Made in "Neutrality"
Earl Ofari Hutchinson
Coretta Scott King was More Than Just Dr. King's Wife
Steven Higgs
Life After Roe. v. Wade
Robert Robideau
"God Given Rights": Palestine and Native America
R. Siddharth
Tales of Power: When Gandhi Rejected a Faustian Bargain with
Henry Ford
Jim Retherford
Remembering Stew Albert: the Quiet Genius
Rep. Cynthia
McKinney
The Legacy of Coretta Scott King
Paul Craig
Roberts
The
True State of the Union
Website of
the Day
Candide's Notebooks
| February
10, 2006
The
Role of the International Indigenous Movement and What the Left
is Missing
What Brought Evo
Morales to Power?
By ROXANNE DUNBAR-ORTIZ
What
has been left out of reports and analysis in both the mainstream
press and among anti-imperialists and leftists about the triumph
of Evo Morales' election as President of Bolivia is the role played
by the three-decade international indigenous movement that preceded
it. Few are even aware of that powerful and remarkable historic
movement, which springs from generations of grassroots organizing.
If
the left, particularly the Latin American left, misses this point,
it's a shame, as mistrust of and racism against the indigenous nations
has been the Achilles heel of previous revolutionary movements in
Latin America (as well as North America).
Indeed,
some indigenous activists and organizations in the Andean region
are wary of Evo Morales because of his left politics and alliances,
for the very reason that the Latin American left has so consistently
either ignored indigenous issues and aspirations, or used the indigenous
and tossed them aside (recall that the liberation armies of Bolivar
and San Martin and the independence movement and 20th century revolution
in Mexico, as well as the recent Guatemalan revolution, were made
up of indigenous foot soldiers).
The
burden is on the American (and I mean Western Hemisphere) left to
catch up with what has been going on with the indigenous movement
in order to understand the victory of Evo Morales, which is a victory
for the indigenous peoples of the world AND for anti-imperialism/anti-capitalism.
If there is ever to be socialism and just societies in the Americas,
the leadership and form of it must come from the indigenous peoples.
Peruvian communist pioneer, José Carlos Mariátegui
recognized this reality, and it's time to take another look at past
and future strategies and not just pay guilty lip service to the
"plight" of indigenous peoples.
Here's a short history, with references for further study, of the
international indigenous movement.
In
1972, the United Nations Sub-Commission on the Prevention of Discrimination
and Protection of Minorities (now called Sub-Commission on the Protection
of Human Rights) commissioned the "Study of the Problem of
Discrimination against Indigenous Populations. A member of the Sub-Commission,
Ambassador José R. Martínez Cobo of Ecuador, was selected
as Rapporteur. The Study was completed a decade later in 1982, having
taken longer than any other study in the history of the United Nations.[i]
This essay covers that same period, particularly the last five years
of that decade during which indigenous representatives took control
of the new item on the UN human rights agenda.
This was not an auspicious beginning. The Sub-Commission is composed
of 26 "independent experts," who serve technically in
their own capacity, but are elected by the UN Commission on Human
Rights from nominations made by UN member states.[ii]
The Commission on Human Rights, the parent body of the Sub-Commission,
is composed of UN member states, as is the Commission's parent,
the Economic and Social Council of the United Nations (ECOSOC),
a parallel body to the UN General Assembly that focuses on human
rights and social issues. Although the Sub-Commission's original
mandate was to prepare comprehensive reports in the areas of discrimination
and minorities, it actually did much more, making dozens of resolutions
to the Commission regarding all aspects of human rights. For that
reason, the name of the Sub-Commission was changed, without changing
its structure and status.
All
the Sub-Commission members are close to, or work within, the foreign
ministries of their respective governments. Several members also
serve as their nations' representatives to the UN Commission on
Human Rights. However, despite that, the Sub-Commission is the only
official body of the UN in which non-governmental organizations
(hereafter NGOs) are able to enjoy full access and participation.
However, the NGOs were required to have official recognition and
consultative status under ECOSOC, which required an arduous process
of application and approval by consensus. Also, human rights issues,
as well as development and disarmament, are centered at United Nations
headquarters in Geneva, Switzerland, an expensive and inaccessible
site for indigenous peoples.
In the first stages of the study on Indigenous Peoples, governments
were sent lengthy questionnaires, which formed the basis of monographs
on state practices. The Rapporteur also had the authority to solicit
of receive information from experts and ECOSOC-recognized NGOs.
During each annual session of the Sub-Commission, which annually
convenes in Geneva for the month of August, interim reports on the
study were submitted in the form of chapters.
Between
the 1975 and 1978 sessions, no reports were submitted, and it seemed
that the study, whose reports had not been met with any great enthusiasm
on the part of the Sub-Commission members, would simply be discontinued.
Martínez Cobo was no longer a member of the Sub-Commission,
and none of the members appeared interested in reviving the study.
However, the 1977 International Conference on Indigenous Peoples
of the Americas asked, among other things, that the Sub-Commission
establish a Working Group on Indigenous Populations. Thus, the conference
and direct participation of indigenous representatives revived the
study and stimulated new interest in the question. Martínez
Cobo, as an outside expert, was appointed to complete the study.
The definition used by the Sub-Commission for the study, and the
definition that persists is the following:
Indigenous
populations are composed of the existing descendants of the peoples
who inhabited the present territory of a country wholly or partially
at the time when persons of a different culture or ethnic origin
arrived there from other parts of the world, overcame them, and,
by conquest, settlement or other means, reduces them to a non-dominant
or colonial condition; who today live more in conformity with
their particular social, economic and cultural customs and traditions
than with the institutions of the country of which they now form
part, under a State structure which incorporates mainly the national,
social and cultural characteristics of other segments of the population
which are predominant.
In
its elaboration of the definition, the Sub-Commission made it clear
that the subordinate position of such groups is unrelated to population
figures; equally, it is irrelevant whether the groups live in more
than one country or are scattered throughout a particular country.
On the other hand, the study took into account the factor of circumstance
that established the particular relationship between the state in
question and the indigenous group under study, as well as the national
and cultural characteristics that form the basis of the state structure.
The definition's fundamental consideration was the existence of
certain groups prior to the establishment of the state, as well
as whether the original inhabitants and their descendants are regarded
as indigenous in relation to the colonizers and their descendants.
As long as the group remains so identified, the degree of racial
intermixing with the colonizers or any other group is not relevant,
removing the possibility of racial identification per se.
The definition of indigenous also assumed that the original groups
or their descendants were compulsively forced within the new state
structure when it was established, and had no voice in creating
it. In general, although not in all cases, the definition would
apply to groups who are rural and whose land ownership systems are
based on the clan or community, not on private ownership, and whose
land base is not recognized as a nation.
The time-scale established relates to whether the group was present
at the time the colonizers arrived, not whether they had always
been there or had migrated there from other regions in pre-colonial
periods:
This
study is not concerned with the question of establishing who may
have been the original inhabitants of a country or region…in
most countries at least substantial groups of the present inhabitants
are descendants of people who arrived there from other parts of
the world at one time or another.[iii]
The
definition uses the terminology, "present territory of a country,"
rather than "country," explaining that it is doubtful
whether, at the time of first contact, the country existed as a
state or had the same territory as today. In explaining the terminology,
"by conquest, settlement or other means, reduced them to a
non-dominant or colonial condition," the analysis clarifies
this as meaning simply "by colonization."
In reference to the phrase, "who today live more in conformity
with their particular social, economic and cultural customs and
traditions than with the institutions of the country of which they
now form part," the elaboration is worth reproducing in full:
No
existing indigenous population can validly be said to conform
to institutions it has maintained, unchanged, since the time of
the conquest, settlement or other form of reduction to a non-dominant
or colonial condition. What are now known as 'indigenous institutions'
are a mixture, in varying degrees, of colonial and precolonial
institutions as adapted by the indigenous populations to their
new condition. Nevertheless, it is necessary to indicate that
indigenous populations 'today live more in conformity with their
particular social, economic and cultural customs and traditions
than with the institutions of the country of which they now form
part.' This wording seeks to avoid any characterizations of the
customs and t4raditions beyond the fact that they are 'particular'
to such groups, not whether they were originally their own or
not.[iv]
The
analysis makes clear that the definition is not intended to attack
the very existence of state structures when it characterizes them
as mainly reflecting the national, social and cultural characteristics
of the dominant segments of the population, but rather that the
reference is to the reality of the "non-neutral State structure."
The study identifies this as the crux of the problem and calls for
protective measures favoring the indigenous populations.
Due to its long and unusual history, the study is more like two
separate studies. The first part of the Sub-Commission study, based
on reports from the first three years of the study, 1973-75, is
dry and legalistic, as well as being paternalistic in that indigenous
peoples were not involved. It nevertheless contains important material
and constitutes an archive on state policies and claims. The second
part of the study is more dynamic and balanced, with the inclusion
of material from indigenous organizations and experts and other
non-governmental sources.
The first interim report[v] submitted to the Sub-Commission's 1973
session contains all measures adopted by the UN that are applicable
to indigenous peoples, including the UN Charter. The International
Labor Organization (ILO) 1953 Convention on Tribal and Indigenous
Populations was analyzed in detail. More importantly, three other
international treaties were taken up: The 1948 Convention on the
Prevention and Punishment for Genocide; the Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices Similar
to Slavery; and the International Convention on the Elimination
of All Forms of Racial Discrimination. In addition, actions and
initiatives by all organs of the UN are reviewed, together with
actions taken by its specialized agencies.
The
1974 report[vi] outlines actions taken by the Organization of American
States (OAS), the Interamerican Commission on Human Rights, and
the Interamerican Indian Institute. Finally, it began preliminary
consideration of certain substantive aspects of the problem of discrimination
against indigenous peoples in the areas of housing, political rights,
religious rights and practices, protection of sacred places and
objects, and protection of places and objects of archaeological
interest.
The
1975 report[vii] was structured around the governments' questionnaire
responses as well as information from experts.
The
first issue dealt with was definition. The definition of indigenous
populations was analyzed in terms of ancestry, culture, religion,
the fact of living under a tribal system, membership of an indigenous
community, dress, livelihood, language, group consciousness, acceptance
by the indigenous community, residence in certain parts of the country,
legal definitions, change in status from indigenous to non-indigenous
and vice versa, registration and certification, and the decision-making
authority in deciding who is and who is not indigenous. The report
also dealt with population, both composition and statistical trends,
although the analysis was superficial and incomplete.
After
two years of no reports, the study resumed in 1978, and the report
from the following years, up to the final report in 1982, reflect
the participation of indigenous representatives.
Two important individuals behind the scenes in Geneva played key
roles in incorporating indigenous peoples into the UN human rights
agenda. One was Augusto Willemsen-Diaz, a Guatemalan international
law specialist and longtime staff member of the UN human rights
secretariat. Although not Mayan himself, Willemsen-Diaz was preoccupied
with the situation of the Mayan people who comprised the majority
of the Guatemalan population, a situation that would soon turn into
state genocide against them. He befriended and convinced Martínez
Cobo to propose the Sub-Commission study of indigenous peoples.
Willemsen
Diaz also made certain that indigenous peoples be a category in
the UN Decade to Combat Racism, Racial Discrimination, and Apartheid,
which began in 1974[viii]. The Decade focused on apartheid in South
Africa, but also dealt with peoples living under military occupation
and migrant workers. His goal was to build a base of documentation
upon which indigenous peoples could construct infrastructure within
the UN system. Willemsen Diaz was the actual architect of the Sub-Commission
study and the definition of indigenous peoples for the study. Until
his retirement, and even afterwards, Willemsen-Diaz served as an
unpaid consultant to indigenous peoples at the United Nations, mentoring
the initial activists, including this writer.
The
other influential individual was Jimmie Durham, a Cherokee and a
successful sculptor and artist, who lived in Geneva during the late
1960s and early 1970s when his wife worked for the World Council
of Churches, which is based in Geneva. This was a time of national
liberation movements for decolonization, particularly in Africa,
inspired and emboldened by Vietnamese resistance to United States'
aggression. In Geneva, Durham befriended a number of the African
liberation leaders who came there to present their cases at the
UN, including Amilcar Cabral of PAIGG, the liberation front in Guinea
Bissau, the African National Congress (ANC) and Southwest Peoples
Liberation Organization (SWAPO) of southern Africa, and those of
Angola, Mozambique, and Zimbabwe. From afar, Durham followed the
birth of the American Indian Movement (AIM) in the United States,
from the 1969 occupation of Alcatraz to the 1972 seizure of the
Bureau of Indian Affairs building in Washington DC, and, most importantly,
the over two month siege at Wounded Knee on the Pine Ridge Sioux
reservation. He returned to the United States at that time, met
with AIM leaders and proposed an international project that was
realized in the June 1974 founding of the International Indian Treaty
Council, (IITC) which Durham headed for the following six years,
gaining ECOSOC non-governmental organization status for the IITC
in 1977. Even before that, Durham had persuaded some of the most
important international NGOs to sponsor a conference on Indians
of the Americas at UN offices in Geneva. These organizations included
the World Council of Churches (WCC) the World Peace Council (WPC),
the Women's International League for Peace and Freedom (WILPF),
the International Commission of Jurists (ICJ), and others.
At
the same time, the National Indian Brotherhood of Canada, headed
by George Manuel, the National Congress of American Indians in the
United States, headed by Joe de la Cruz and Phillip (Sam) Deloria,
and the Nordic Sami ("Lapland") Council had founded an
international NGO, the World Council of Indigenous Peoples (WCIP),
that gained ECOSOC status in 1977.
The key event that marked the beginning of indigenous peoples' direct
activity in the international context was the 1977 International
Non-Governmental Organizations' (NGO) Conference on Indigenous Peoples
of the Americas, held at United Nations' offices in Geneva. The
more than one hundred Indigenous representatives from all over the
western hemisphere reflected organized forces of inestimable dimensions.
The conference was initiated by the International Indian Treaty
Council[ix] and was organized by the NGO Sub-Committee on Racism,
Racial Discrimination, Apartheid, and Colonialism, of the Special
NGO Committee on Human Rights, based in Geneva. and made up of an
influential and broad based group of international NGOs. More than
fifty international NGOs with Consultative Status in the UN Economic
and Social Council (ECOSOC) registered for the conference, and thirty-eight
UN member nations officially participated. The conference formulated
a program of action[x] for NGOs with recommendations to submit all
documents to divisions of the UN.[xi] The twelfth of October ("Columbus
Day") was declared International Day of Solidarity and Mourning
with Indigenous Peoples of the Americas, with a view to establishment
of a permanent United Nations' day honoring indigenous peoples.[xii]
The recommendations included a call for respect for traditional
law and customs, and for unrestricted rights of land ownership and
control over natural resources by indigenous peoples in their territories.
The conference found that indigenous peoples in the Americas have
the right to own land communally and manage it according to their
traditions, and that such ownership must be recognized and protected
in international as well as national laws. Governments of all the
states of the western hemisphere were called upon to ratify the
Declaration of Human Rights and the United Nations' human rights
conventions. A recommendation was made for the Sub-Commission on
the Prevention of Discrimination and Protection of Minorities to
establish a Working Group on Indigenous Peoples. This recommendation
was taken up in the 1981 session of the Sub-Commission, and was
approved by the Commission on Human Rights and ECOSOC in their 1982
sessions. The newly established Working Group on Indigenous Populations
met for the first time in August 1982.
The indigenous representatives participating in the 1977 conference
in all night sessions hammered out a document that they submitted
collectively. This document, entitled "Draft Declarations of
Principles for the Defense of the Indigenous nations and Peoples
of the Western Hemisphere,"[xiii] represents the dominant theme
of the conference and set the basis for subsequent UN negotiations
regarding the question of indigenous peoples. The declaration contains
13 brief and unequivocal statements of indigenous rights:
(1)
Recognition of Indigenous nations: Indigenous people shall be accorded
recognition as nations, and proper subjects of international law,
provided the people concerned desire to be recognized as a nation
and meet the fundament requirement of nationhood, namely: (a) having
a permanent population; (b) having a defined territory; (c) having
a government; (d) having the ability to enter into relations with
other states.
(2)
Subjects of International Law: Indigenous groups not meeting the
requirements of nationhood are hereby declared to be subjects of
international law and are entitled to the protection of this Declaration,
provided they are identifiable groups having bonds of language,
heritage, tradition, or other common identity.
(3)
Guarantee of Rights: No indigenous nation or group shall be deemed
to have fewer rights or lesser status for the sole reason that the
nation or group has not entered into recorded treaties or agreements
with any state.
(4)
Accordance of Independence: Indigenous nations or groups shall be
accorded such degree of independence as they may desire in accordance
with international law.
(5)
Treaties and Agreements: Treaties and other agreements entered into
by indigenous nations or groups with other states, whether denominated
as treaties or otherwise, shall be recognized and applied in the
same manner and according to the same international laws and principles
as the treaties and agreements entered into by their states.
(6)
Abrogation of Treaties and other Rights: Treaties and agreements
made with indigenous nations or groups shall not be subject to unilateral
abrogation. In no event may the municipal laws of any state serve
as a defense to the failure to adhere to and perform the terms of
treaties and agreements made with indigenous nations or groups.
Nor shall any state refuse to recognize and adhere to treaties or
other agreements due to changed circumstances where the change in
circumstances has been substantially caused by the state asserting
that such change has occurred.
(7)
Jurisdiction: No state shall assert or claim to exercise any right
of jurisdiction over any indigenous nation or group unless pursuant
to a valid treaty or other agreement freely made with the lawful
representatives of indigenous nation or group concerned. All actions
on the part of any state which derogate from the indigenous nations'
or groups' right to exercise self-determination shall be the proper
concern of existing international bodies.
(8)
Claims to Territory: No state shall claim or retain, by right of
discovery or otherwise, the territories of an indigenous nation
or group, except such lands as may have been lawfully acquired by
valid treaty or other cessation freely made.
(9)
Settlement of Disputes: All states in the Western hemisphere shall
establish through negotiations or other appropriate means a procedure
for the binding settlement of disputes, claims, or other matters
relating to indigenous nations or groups. Such procedures shall
be mutually acceptable to the parties, fundamentally fair, and consistent
with international law. All procedures presently in existence which
do not have the endorsement of the indigenous nations or groups
concerned, shall be ended, and new procedures shall be instituted
consistent with this Declaration.
(10)
National and Cultural Integrity: It shall be unlawful for any state
to take or permit any action or course of conduct with respect to
an indigenous nation or group which will directly or indirectly
result in the destruction or disintegration of such indigenous nation
or group or otherwise threaten the national or cultural integrity
of such nation or group, including, but not limited to, the imposition
and support of illegitimate governments and the introduction of
non-indigenous religions to indigenous peoples by non-indigenous
missionaries.
(11)
Environmental Protection: It shall be unlawful for any state to
make or permit any action or course of conduct with respect to the
territories of an indigenous nation or group which will directly
or indirectly result in the destruction or deterioration of an indigenous
nation or group through the effects of pollution of earth, air,
water, or which in any way depletes, displaces or destroys any natural
resources or other resources under the dominion of, or vital livelihood
of an indigenous nation or group.
(12)
Indigenous Membership: No state, through legislation, regulation,
or other means, shall take actions that interfere with the sovereign
power of an indigenous nation or group to determine its own membership.
(13)
Conclusion: All of the rights and obligations declared herein shall
be in addition to all rights and obligations existing under international
law.
The
declaration could be characterized as the fundamental political
document of the international indigenous movement, and would provide
the basis for the elaboration of the Draft Declaration of Principles
for the Rights of Indigenous Peoples in the Working Group on Indigenous
Populations that became the subject of a decade of negotiations
in the Commission on Human Rights, remaining unresolved.
Another recommendation made by the 1977 conference was to its own
constituency to organize a conference that would focus on the land
and its relationship to indigenous rights, broadening the geographical
scope to global. The NGO Sub-Committee on Racism followed through
with this directive and organized the International NGO Conference
on Indigenous Peoples and the Land, which was held from 15-18 September
1981 at the UN in Geneva.
The 1981 conference was organized into four commissions, whose individual
reports made up the final report, covering the following areas:
land rights, international treaties and agreements; land reform
and systems of tenure; indigenous philosophy; and the impact of
nuclear arms build-up. Five indigenous international and regions
groups were invited to solicit and submit documentation for the
conference and to organize delegations: the International Indian
Treaty Council; the World Council of Indigenous Peoples; and the
South American Indian Council (CISA); the Australian National Conference
of Aborigines; and the Indian Law Resource Center (ILRC), and the
Inuit Circumpolar Conference.[xiv]
Participants in the 1981 conference included 150 indigenous representatives
from the Americas, as well as aboriginal representatives from Australia
and Sami delegates from Norway. Fewer governments participated officially
than in 1977, due at least in part to the call by the Reagan administration
for a government boycott of the conference. Among Western countries,
only the government of Norway registered, although other governments
were present unofficially, and dozens of African, Asian, and Latin
American governments registered and attended. Nearly 50 international
NGOs with consultative ECOSOC status registered. Dozens of scholars
and experts participated as individuals.
A striking aspect of the 1981 conference was the active participation
of several national liberation organizations, including the Palestine
Liberation Organization (PLO) and the Southwest Africa People's
Organization (SWAPO), with the latter representative chairing the
Commission on Transnationals.[xv] The Farabundo Marti National Liberation
Front/Revolutionary Democratic Front of El Salvador (FMLN/FDR) also
participated, and special sessions were held on El Salvador, Angola,
Namibia, and Nicaragua. The government of Nicaragua sent a special
delegation headed by Comandante Lumberto Campbell, Vice-Minister
for the Atlantic Coast, and representatives of the Miskitu and Sumu
indigenous communities.
The participants unanimously supported the conference's final declaration
and resolutions, which manifested solidarity with indigenous peoples
in their "just struggle for self-determination and for the
right to determine the development and use of their land and resources,
and to live in accordance with their values and philosophy."
One
of the excuses for the Reagan administration boycott was the presence
of Romesh Chandra of the World Peace Council (WPC) as president
of both the 1977 and 1981 conferences, and Edith Ballantyne, Secretary
General of the Women's International League for Peace and Freedom
(WILPF) as the Secretary. The Reagan administration accused Chandra
and the WPC of being a Soviet front, and Ms. Ballantyne and WILPF
of being Soviet dupes. These were also the days of the Cold War
and binary politics in the United Nations. This had not been an
issue in 1977 with the Carter administration, which was claiming
to champion international human rights. President Carter's UN representative,
Dr. Andrew Young, a high profile African American civil rights leader,
cooperated to some extent with the IITC in organizing the 1977 conference,
although he expressed his displeasure with the initiative. The Carter
administration sent two activist Native Americans, Kirk Kickingbird
and Shirley Hill Witt, as members of their delegation. At the time,
IITC people were suspicious of the cooperation and kept the administration
at arms length to remain independent. The Reagan administration
was just the opposite, and the going was tough during those eight
years. Yet, much would be accomplished.
Jimmy
Durham had set the stage for the IITC to be linked with The Non-aligned
Movement (NAM), the organization of African, Asian, and Latin American/Caribbean
states and national liberation organizations that had been founded
by Nehru of India, Nasser of Egypt, and Tito of Yugoslavia in the
1950s, in order to avoid the Cold War binary and stake out an autonomous
path for decolonization, nation-building, and economic development.
United States' administrations consistently charged that the Non-Aligned
Movement (NAM) was a tool of the Soviet Union. However, it was a
fact that the Soviet Union and the Soviet bloc always voted in the
UN on the side of NAM, not the reverse. The NAM states were a varied
lot with many different systems of governance, only a few, such
as Cuba, being actual Soviet allies.[xvi]
The other international indigenous NGOs eschewed the NAM linkage
and rather sought allies in the North Atlantic states.
Despite harassment of the Reagan administration, the Sub-Commission
in its 1981 session discussed the next step on the completion of
its study on indigenous peoples, and decided to recommend to the
Commission on Human Rights that a Working Group on Indigenous Populations
(WGIP) be established within the Sub-Commission. The Human Rights
Commission approved the working group in its 1982 session, as did
ECOSOC. The Working Group met for the first time in 1982. Tribute
for this action must be paid to the head of UN Human Rights, Dr.
Theo van Boven, who was promptly pushed out of his post by the Reagan
administration due to his advocacy for the Working Group and for
other human rights initiatives.
The mandate of the WGIP is spelled out in the UN resolution that
established it.[xvii]
The
WGIP would meet annually up to five working days--this soon increased
to ten working days--before the annual sessions of the Sub-Commission.
Its task was to review developments concerning the promotion and
protection of the human rights and fundamental freedoms of indigenous
populations, and "especially" information from indigenous
peoples. The conclusions from such reviews were to be submitted
to the Sub-Commission. The terms of the resolution were open and
broad, despite attempts by various governments to narrow the task
to establishing legal standards and writing a convention, both of
which could be taken up within the broader mandate. Importantly,
the resolution called for open attendance by indigenous representatives
regardless of ECOSOC consultative status. The WGIP was, and is,
made up of five members of the Sub-Commission, chosen by the Sub-Commission
and appointed by its chairman.[xviii]
At
its first meeting in 1982, the WGIP discussed its mandate and reiterated
its broad nature. The problem of definition was discussed, as were
standards. Several areas of concern were identified and discussed
and these were summarized in the Final Report under seven categories:
a) the right to life, to physical integrity and to security of the
indigenous communities; b) the right to self-determination, the
right to develop their own culture, traditions, language and way
of life; c) the right to freedom of religion and traditional religious
practices; d) the right to land and to natural resources; e) civil
and political rights; f) the right to education; and g) other rights.[xix]
Observers
at the first meeting of the WGIP included the governments of Argentina,
Australia, Brazil, Canada, India, Morocco, New Zealand, Nicaragua,
Panama, Sweden, the USA, North Yemen, and the PLO. Also represented
in the session were several UN specialized agencies, including the
International Labor Organization (ILA) and the High Commissioner
for Refugees (UNHCR). The three indigenous organizations holding
UN consultative status were present, as well as ten indigenous organizations
without such status, eight of them from North America. The South
American Indian Council (CISA) was represented by its Director.
The ECOSOC NGOs that had organized the 1977 and 198l conferences
sent representatives, as did numerous NGOs that had not in the past
shown an interest in issues concerning indigenous peoples. Soon,
they would take up indigenous issues within their own organizations.
Despite
the explosive and sensitive issues involved, a remarkable unanimity
pervaded the establishment of the WGIP and its first meeting, certainly
due in part to the excellent leadership of its elected chairman,
Ajsborn Eide, a Norwegian and Sub-Commission expert-member. Some
observer pointed out that the presence and participation of representatives
of indigenous groups was the key factor that did not allow the WGIP
to become politicized along East-West Cold War lines.
However,
it was the presence and testimony of Rigoberta Menchú Tun[xx],
a Mayan leader in exile from Guatemala that galvanized that first
meeting and set the tone of urgency that has remained inherent to
WGIP meetings. Menchu's parents and brother had been murdered by
the Guatemalan military in 1980, driving her and her other siblings
into exile where she became the most important spokesperson for
the Mayan people in their struggle to survive the genocidal project
of the Guatemalan military government. Allied with the Guatemalan
military, the Reagan administration had successfully protected Guatemala
from human rights accusations in the UN, until Rigoberta Menchú
arrived, changing the situation. Menchú went on to receive
to Nobel Peace Prize in 1992, and was appointed UN special ambassador
for the UN Decade for Indigenous Peoples, 1995-2004.
Roxanne
Dunbar-Ortiz is author of Blood
on the Border: A Memoir of the Contra War (South End Press,
2005), which documentshe first clash between the emerging international
Indigenous movement and a leftist revolution arose with the triumph
of the Sandinistas (FSLN) in Nicaragua. In organizing the Contra
War, the Reagan administration, through the CIA, then the NSC, manipulated
conflicts over indigenous rights between the Miskitus of northeast
Nicaragua and the Sandinistas, dividing the North American Indian
movement. She can be reached at: rdunbaro@pacbell.net
NOTES
[i ] United Nations Document No. E/CN.4/Sub.2/1982/33, August 25,
1982.
[ii]
For the history and functions of the Sub-Commission, see: Tom Gardeniers,
Hurst Hannum, and Janice Kruger. 1982. "The U.N. Sub-Commission
on Prevention of Discrimination and Protection of Minorities: Recent
Developments." Human Rights Quarterly 4 (3): 353-370; and Peter
Haver. 1982. "The United Nations Sub-Commission on the Prevention
of Discrimination and the Protection of Minorities." Columbia
Journal of Transnational Law 21: 103-134.
[iii]
United Nations Document No. E/CN.4/Sub.2/L566. June 29, 1972.
[v] United Nations Document No. E/CN.4/Sub.2/L84. June 25, 1973.
[vi]
United Nations Document No. E/CN.4/Sub.2/L596. June 19, 1974.
[vii]
United Nations Document No. E/CN.4/Sub.2/L707. July 17, 1975.
[viii]
US administrations from Jimmy Carter to George W. Bush have boycotted
the UN initiatives on Racism, including the activities of the two
Decades--1974-1983, 1984-1993--ostensibly because of the inclusion
of the Palestinian question on the agenda. However, although Zionism
as Racism was removed from that agenda after the 1993 Oslo accords,
the United States continued to be unsupportive of anti-racist initiatives.
The George W. Bush administration registered, then walked out of
the 2001 World Conference on Racism in Durban, South Africa. Many
US NGO representatives of color, including Native Americans, believe
that the US rebuff to the issue of racism internationally is due
to the institutionalized racism inherent in the US government itself.
[ix]
The author was a member of the IITC staff organizing and directing
the conference. Delegates to the conference were elected at the
annual meeting of the IITC in June 1977 at the Standing Rock Sioux
reservation. The IITC also invited Latin American indigenous organizations
to send delegates of their choice.
[x]
United Nations Document No. E/CN.4/Sub.2/L.684 Annex IV, p.3. July
21, 1978. United Nations Sub-Commission, 31st Session, Item16. See
also: Official report from the NGO Sub-Committee on Racism, Geneva,
1978, and Report from the International Indian Treaty Council, New
York, November, 1978. These and other documents are available from
DOCIP--the Indigenous Peoples' Center for Documentation, Research
and Information, located at 14, av. de Trembley / CH - 1209 Geneva.
DOCIP was founded at the 1977 Geneva conference with the mandate
to collect and house all documents relevant to the international
indigenous peoples' movement.
[xi] The conference documentation was formally submitted to the
UN Secretary-General and the President of the UN General Assembly
in November 1977.
[xii] "See: Fact Sheet No.9 (Rev.1), The Rights of Indigenous
Peoples: Programme of Activities for the International Decade of
the World's Indigenous People (1995-2004) (para. 4), General Assembly
resolution 50/157 of 21 December 1995, annex. Find the Fact Sheet
at: http://www.unhchr.ch/html/menu6/2/fs9.htm
August 9 was selected as the day (General Assembly resolution 49/214
of 23 December 1994 para. 8), and 1993 as the year for indigenous
peoples (resolution 45/164 of 18 December 1990), while the UN Decade
for the World's Indigenous People spanned 1995-2004 (General Assembly
resolution 50/157 of 21 December 1995, annex). These dates were
compromises after a long attempt by the governments of Spain, Italy,
the Vatican, and the United States, to acknowledge the 500-year
anniversary "encounter" of Europe and the Americas with
the landing of Columbus on October 12, 1492 by celebrating that
event in the United Nations in 1992, calling for a day, a year (1992),
and a decade (1993-2002). I was present in the General Assembly
meeting in October 1982 when Spain presented the proposal. I was
shocked, then disgusted, when the Irish and the Norwegian ambassadors
teased the Spanish that their countries had been first to "discover
America." After a half hour of general hilarity, suddenly one
of the African delegates stood up and walked out of the room, followed
by every other African representative. A recess was called, and
the Western European and North American delegates appeared dazed
and confused. I heard one say, "Why on earth would Africans
even be interested in the issue?" I was amazed at their ignorance.
When the African bloc returned an hour later, its elected spokesperson
read a statement that condemned the call to celebrate the onset
of "colonialism, the trans-Atlantic slave trade, and genocide"
in the halls of the United Nations. That killed the proposal, but
did not faze its supporters. The Vatican even wanted to expand the
concept of "encounter" to include a phrase about the "gift"
of bringing Christianity to the heathens. During the decade that
followed Spain, the Vatican, Italy, the United States, and all the
Latin American countries they could bribe brought full pressure
on the African states to agree, but they never budged. Meanwhile
the international indigenous movement and local indigenous groups
of the western hemisphere opposed it and insisted on those dates
to honor indigenous peoples, a battle they won in the end. To pacify
Spain and the Vatican for their total defeat, August 9 was designated
as the day, and 1993 rather than 1992 was named the "UN Year
for the World's Indigenous Peoples," followed by a UN Decade
(1995-2004) by the same name.
[xiii]
United Nations Document No. E/CN.4/Sub.2/L.684 Annex IV, p. 3. July
21, 1978.
[xiv]
United Nations Document No. E/CN.4/Sub.2/476/Add.5, 198a: 56. The
ICC did not respond to the invitation. The invited indigenous NGOs
were selected due to their status as consultative NGOS with ECOSOC.
During the 1980s and 1990s, numerous other indigenous NGOS gained
consultative status.
[xv]
When SWAPO took power in Namibia and the African National Congress
(ANC) in South Africa in the early 1990s, they developed a cooperative
relationship with the international indigenous movement, developing
initiatives for the San people ("Bushmen"), who are the
indigenous people of Southern Africa.
[xvi]
In 1978, following the 1977 Geneva conference, I became a representative
of the Afro-Asian Peoples Solidarity Organization (AAPSO), a non-governmental
organization with ECOSOC consultative status based in Cairo, that
was associated with NAM, in order to develop stronger links with
NAM.
[xvii]
United Nations Document No. E/CN.4/ Sub.2/L.772. September 1, 1981:
3. Only two representatives for indigenous issues, including myself,
were present at the Sub-Commission to lobby for the WGIP.
[xviii]
Five is the minimum number of members allowed on UN Working Groups,
as it is required that an equal number of representatives from the
five UN regions be members of any UN body. These regions are: the
Western states, including western Europe, North America, Australia
and New Zealand; the Eastern European states; Asia; Africa; and
Latin America/Caribbean.
[xix]
United Nations Document No. E/CN.4/ Sub.2/1982/33, August 25, 1982.
[xx]
The author persuaded Menchú to attend the WGIP, after that
the Sub-Commission, followed by the UN General Assembly in the Fall
of 1982, and the Commission on Human Rights in 1983.
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