Post by blackcrowheart on Feb 14, 2006 13:37:56 GMT -5
13 Unequivocal Statements of Indigenous Rights
"Draft Declarations of Principles for the Defense of the Indigenous nations
and Peoples of the Western Hemisphere.
13 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
internationa 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.
"Draft Declarations of Principles for the Defense of the Indigenous nations
and Peoples of the Western Hemisphere.
13 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
internationa 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.