UN Backs Indigenous Peoples' Rights

Daily Telegraph
From correspondents in the United Nations
September 14, 2007 04:31am
http://www.news.com.au/dailytelegraph/story/0,22049,22416470-5001028,00.html

THE UN General Assembly overnight adopted a non-binding declaration protecting the human, land and resources rights of the world's 370 million indigenous people, despite opposition from Australia, Canada, New Zealand and the United States.

The vote in the 192-member assembly was 143 in favour, four against and 11 abstentions.

The declaration, the result of more than 20 years of debate at the United Nations, also recognizes the right of indigenous peoples to self-determination and sets global human rights standards for them.

Indigenous peoples say their lands and territories are being threatened by such things as mineral extraction, logging, environmental contamination, privatization and development projects, classification of lands as protected areas or game reserves, the use of genetically modified seeds and technology, and monoculture cash crop production.

Canada, Australia, New Zealand and the United States, countries with sizable indigenous populations, expressed disappointment with the text.

They said they could not support it because of their concerns over provisions on self-determination, land and resources rights and giving indigenous peoples rights of veto over national legislation and state management of resources.

Among contentious issues was one article saying "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 their right "to redress, by means that can include restitution or when not possible just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent".

Opponents also objected to one provision that would require 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".

"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.

"Similarly, some of the provisions dealing with the concept of free, prior and informed consent are unduly restrictive," he said. "By voting against the adoption of this text, Canada puts on record its disappointment with both the substance and process."

Adoption of the declaration by the assembly had been deferred late last year at the initiative of African countries led by Namibia which raised objections about language on self-determination and the definition of "indigenous" people.

The declaration was endorsed by the Geneva-based UN Human Rights Council last year.