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Introduction I. IntroductionWho are Indigenous Peoples? People who inhabited a land before it was conquered by colonial societies and who consider themselves distinct from the societies currently governing those territories are called Indigenous Peoples. As defined by the United Nations Special Rapporteur to the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Indigenous communities, peoples and nations are
Indigenous Peoples worldwide number between 300-500 million, embody and nurture 80% of the world’s cultural and biological diversity, and occupy 20% of the world’s land surface. The Indigenous Peoples of the world are very diverse. They live in nearly all the countries on all the continents of the world and form a spectrum of humanity, ranging from traditional hunter-gatherers and subsistence farmers to legal scholars. In some countries, Indigenous Peoples form the majority of the population; others comprise small minorities. Indigenous Peoples are concerned with preserving land, protecting language and promoting culture. Some Indigenous Peoples strive to preserve traditional ways of life, while others seek greater participation in the current state structures. Like all cultures and civilizations, Indigenous Peoples are always adjusting and adapting to changes in the world. Indigenous Peoples recognize their common plight and work for their self-determination; based on their respect for the earth. Despite such extensive diversity in Indigenous communities throughout the world, all Indigenous Peoples have one thing in common - they all share a history of injustice. Indigenous Peoples have been killed, tortured and enslaved. In many cases, they have been the victims of genocide. They have been denied the right to participate in governing processes of the current state systems. Conquest and colonization have attempted to steal their dignity and identity as indigenous peoples, as well as the fundamental right of self-determination. Indigenous People or Indigenous Peoples? The United Nations International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights state that all peoples have the right of self-determination by virtue of which they “freely determine their political status and freely pursue their economic, social and cultural development”. (Part one, Article one, 1966) However, because there has been dispute over the exact meaning of the term “peoples”, it is not clear exactly to whom “peoples” refers. Some state governments oppose use of the term “peoples” in regards to Indigenous Peoples because they fear its association with the right of secession and independent statehood. Those states would prefer the terms “tribes” or “populations”, which do not have those associations. On the other hand, Indigenous Peoples use the term “peoples” because of its association with inherent recognition of a distinct identity. “Indigenous People” is a compromise between these two positions. Indigenous Peoples and their advocates find the denial of being described as “peoples” and the inherent entitlement to self-determination a form of racism and continued discrimination. II. Terms Commonly Used when Speaking about Indigenous Peoples' Human RightsRapporteur: An expert entrusted by the UN with a special human rights mandate, acting in his or her personal capacity. Colonization: An act of colonizing, meaning to establish a body of people living in a new territory but retaining ties with the parent state. Self-determination: The right of a cohesive national group (“peoples”) living in a territory to choose for themselves a form of political and legal organization for that territory. Collective: Denoting a number of persons or things considered as one group or whole. Group: A number of individuals assembled together or having some unifying relationship. Treaty: A contract in writing between two or more political authorities (as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state. Signed: To write one’s [country’s] name as a token of assent, responsibility or obligation. Ratify: Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. Enter into force: When it enters into force, a treaty is legally binding on all parties that have ratified the treaty. A treaty usually goes into effect when a certain number of member states have ratified it. Accede: "Accession" is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratification. Accession usually occurs after the treaty has entered into force. Reservations: When a state makes a reservation to a treaty, it means that the state considers itself bound to the treaty, except for those provisions to which it makes the reservation. A reservation enables a state to accept a multilateral treaty as a whole by giving it the possibility not to apply certain provisions with which it does not want to comply. Reservations must not be incompatible with the object and the purpose of the treaty. Furthermore, a treaty might prohibit reservations or only allow for certain reservations to be made. General Assembly: The General Assembly is the main deliberative organ of the United Nations. It is composed of representatives of all Member States, each of which has one vote. The General Assembly passes resolutions on important issues concerning everything from outer space to disarmament. International Decade: An International Decade is a ten-year period in which the UN focuses on a specific topic (for example: Indigenous Peoples) and tries to fulfill important goals regarding that topic. Covenant: A usually formal, solemn, and binding agreement. It is similar to a treaty. Operational directive: World Bank Operational Directives contain a mixture of policies, procedures, and guidance on how the Bank deals with specific topics. World bank: The World Bank is a development assistance bank. It provides strategies and loans to developing countries to help them “improve living standards and eliminate the worst forms of poverty.” III. Rights at StakeDespite international recognition and acceptance of the Universal Declaration of Human Rights,which guarantees the fundamental rights of all human beings, in practical fact Indigenous Peoples’ human rights remain without specifically designated safeguards. To this day, Indigenous Peoples continue to face serious threats to their basic existence due to systematic government policies. In many countries, Indigenous Peoples rank highest on such underdevelopment indicators as the proportion of people in jail, the illiteracy rate, unemployment rate, etc. They face discrimination in schools and are exploited in the workplace. In many countries, they are not even allowed to study their own languages in schools. Sacred lands and objects are plundered from them through unjust treaties. National governments continue to deny Indigenous Peoples the right to live in and manage their traditional lands; often implementing policies to exploit the lands that have sustained them for centuries. In some cases, governments have even enforced policies of forced assimilation in efforts to eradicate Indigenous Peoples, cultures, and traditions. Over and over, governments around the world have displayed an utter lack of respect for Indigenous values, traditions and human rights. In international discussions on the protection and promotion of Indigenous Peoples' human rights, some States have argued that a more conscientious application of human rights standards would resolve the issue. On the other hand, Indigenous Peoples argue that such international human rights standards have consistently failed to protect them thus far. What is needed, they argue, is the development of new international documents addressing the specific needs of the world’s Indigenous Peoples. Although the Universal Declaration of Human Rights is designed to protect the human rights of all individual human beings, international law concerning collective human rights remains vague and can fail to protect the group rights of Indigenous Peoples. IV. International Instruments for the Protection of Indigenous Peoples’ Human RightsInternational legal instruments take the form of a treaty (also called agreement, convention, covenant, protocol), which may be binding, on the Contracting States. When negotiations are completed, the text of a treaty is established as authentic and definitive and is “signed” to that effect by the representatives of states. There are various means by which a state expresses its consent to be bound by a treaty. The most common are ratification or accession. A new treaty is “ratified” by those states that have negotiated the instrument. A state, which has not participated in the negotiations, may, at a later stage, “accede” to the treaty. The treaty enters into force when a pre-determined number of states have ratified or acceded to the treaty. When a state ratifies or accedes to a treaty, that state may make reservations to one or more articles of the treaty, unless reservations are prohibited by the treaty. Reservations may normally be withdrawn at any time. In some countries, international treaties take precedence over national law; in others, a specific law may be required to give an international treaty, although ratified or acceded to, the force of a national law. Practically all states that have ratified or acceded to an international treaty must issue decrees, amend existing laws or introduce new legislation in order for the treaty to be fully effective on the national territory. Not all international instruments are legally binding treaties. For example, some of the most important human rights instruments are declarations. A declaration does not have any legal power to enforce compliance, but rely purely on the moral weight it carries. Indigenous Peoples' rights overlap with many other human rights. Many important Indigenous Peoples' rights are not framed in specific Indigenous Peoples' rights treaties, but are part of more general treaties, like the Universal Declaration of Human Rights or the Convention on the Prevention and Punishment of the Crime of Genocide. United Nations NEW-- Human Rights Council adopts Declaration in June 2006 Human Rights Council Res. 2006/2, Working group of the Commission on Human Rights to elaborate a draft declaration in accordance with paragraph 5 of the General Assembly res. 49/214 of 23 December 1994 (2006). Draft Declaration on the Rights of Indigenous Peoples Part 1. Fundamental
Rights Originally drafted in 1985 by the Working Group on Indigenous Populations, the world’s largest human rights forum, the draft Declaration was adopted by the United Nations Sub-Commission on the Promotion and Protection of Human Rights in 1994. From there, the draft was submitted to the Commission on Human Rights, which established the Working Group on the draft Declaration on the Rights of Indigenous Peoples. The Working Group, in which more than 200 Indigenous organizations participate, meets once a year. Its goal is to facilitate the General Assembly’s adoption of the Declaration by 2004, the final year of the International Decade for the World’s Indigenous Peoples. Universal Declaration of Human Rights (1948) Convention on the Prevention and Punishment of the Crime of Genocide (1951) International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966) Convention on the Elimination of All Forms of Racial Discrimination (1966) International Labor Organization (ILO) Convention 169 (1989) Convention on the Rights of the Child (1990) Declaration
on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities(1992) Rio Declaration of Environment and Development and Agenda 21 (1992) Convention on Biological Diversity (1992) Vienna Declaration and Programme of Action (1993) Report of the International Conference on Population and
Development(1994) Durban Declaration and Programme of Action(2001) European Union (EU) Council Resolution on Indigenous Peoples within the Framework of the Development Cooperation of the Community and Members States (1998) Organization for Security and Cooperation in Europe (OSCE) OSCE High Commissioner on National Minorities Organization of American States (OAS) Proposed American Declaration on the Rights of Indigenous Peoples (1997) World Bank World Bank Operational Directive (1991) V. United Nations Organs for Indigenous Peoples' Human RightsUN Working Group on Indigenous Populations The United Nations Working Group on Indigenous Populations, a subsidiary organ of the Sub-Commission on the Promotion and Protection of Human Rights (http://www.unhchr.ch/html/menu2/2/sc.htm ), is the first and only UN body involved exclusively with matters concerning the human rights of Indigenous Peoples. It reviews national developments concerning the promotion and protection of Indigenous Peoples’ human rights and develops international standards for Indigenous Peoples’ human rights and freedoms. The Working Group also undertakes studies on a variety of issues affecting Indigenous Peoples. Nearly 700 persons regularly attend the Working Group sessions, including observers for Governments, Indigenous Peoples, non-governmental organizations, and scholars. UN Permanent Forum on Indigenous Issues In 2000, the Economic and Social Council (ECOSOC), one of the six main organs of the United Nations, established the Permanent Forum on Indigenous Issues to consider a wide range of issues affecting Indigenous Peoples. The Forum, which includes eight Indigenous experts, is the first and only international body in the United Nations that has Indigenous Persons as members. It meets once a year for ten working days and submit annual reports to the Economic and Social Council. The first meeting was May 13-24, 2002. The Permanent Forum serves as an advisory board to the Economic and Social Council, discussing Indigenous issues relating to economic and social development, culture, the environment, education, health, and human rights. From these discussions, the Forum provides expert advice and recommendations to the Council, raises awareness of Indigenous issues within the UN system, and prepares and disseminates information on Indigenous issues. UN Working Group on the Draft Declaration on the Rights of Indigenous Peoples This Working Group of the Commission on Human Rights meets once a year and is responsible for reviewing and debating the draft Declaration. The Declaration will be non-binding for States, however, it will serve as a powerful statement of universally accepted norms as it will be adopted by consensus of all member states of the UN and will provide a strong basis for arguing for greater legal protection for indigenous rights in many countries. UN Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous peoples Rodolfo Stavenhagen was appointed as the first Special Rapporteur on Indigenous Peoples on 24 April 2001. His mandate is as follows: to gather information on violations of human rights and fundamental freedoms of Indigenous Peoples, to formulate recommendations to prevent and remedy such violations and to work together with other experts of the UN Commission on Human Rights and of the Sub-Commission on the Promotion and Protection of Human Rights. The Rapporteur cooperates closely with the Permanent Forum on Indigenous Issues (http://www.un.org/esa/socdev/pfii/ ) and the Working Group on Indigenous Populations. VI. ResourcesPrincipal Websites Devoted to Indigenous Peoples’ Human Rights Center for the World’s Indigenous Peoples
NativeWeb Cultural Survival The Indigenous and Tribal Peoples Centre Indian Law
Resource Center Survival International Indigenous Nations and Governance Bodies Assembly of First Nations (Canada) Indigenous Peoples and the United Nations United Nations
Office of the High Commission for Human Rights United Nations Development Programme – Indigenous Peoples World Conference Against Racism/UN Guide for Indigenous Peoples Indigenous Peoples and the European Union European Union Human rights and Democratisation Policy – Promoting and Protecting the rights of Indigenous Peoples Indigenous Peoples and the Organization of American States Inter-American Commission on Human Rights Human Rights Education UN Treaty Reference Guide University of Minnesota Human Rights Center The People’s Decade of Human Rights Education Researching Indigenous Peoples' Rights Under International Law Human Rights Education Associates United Nations Decade for Human Rights Education Amnesty International Human Rights Education __________________ Acknowledgements: This guide was developed by Sarah Hymowitz, Ivor Dikkers, and Amalia Anderson. Joshua Cooper, Charmaine Crockett, Lisa Garrett, Bill Means, Kristi Rudelius-Palmer, Dee Sull, and David Weissbrodt revised and edited the text. Home || Treaties || Search || Links What does the right to assemble peaceably mean examples?The right to peacefully assemble comprises the right to freely choose the location and the timing of the assembly, including public streets, roads and squares. The right to assemble online must also be fully guaranteed.
What does the right to assemble mean quizlet?the constitution protects the right of US citizens to assemble, to gather with one another in order express views on public matters, and petition, to bring their views to the attentions of public officials by such varied means as written petitions, letters, advertisements, lobbying, or parades.
What are those positive acts of government that seek to make constitutional guarantees a reality for all people called?-Civil Rights is sometimes reserved for those POSITIVE ACTS OF GOVERNMENT that seek to make constitutional guarantees a reality for all people.
What is the false and malicious use of printed words?Libel: False and malicious use of printed words.
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