WUNRN
Contact details of (main) NGO:
NGO
Name: International
Society for Human Rights
Name
of main contact person: David Fernández Puyana and Alfred de Zayas
Phone
number: 0033450421917 (
E-mail:
david.fernandez-puyana@orange.fr, zayas@bluewin.ch
Language(s): ENGLISH AND SPANISH
UN HUMAN RIGHTS COUNCIL
Ninth Session
Joint written
statement submitted by (provisional list) International Alliance of Women (IAW), Commission of the Churches on
International Affairs of the World Council of Churches (CCIA/WCC), Women’s
Federation for World Peace International (WFWPI), Brahma Kumaris World
Spiritual University (BKWSU), International Association of Soldiers for Peace,
Zonta International, International Federation of Settlements and Neighborhood
Centres (IFS), International Council Of Women (ICW-CIF), World Association of
Girl Guides and Girl Scouts (WAGGGS), World Young
Women's Christian Association, International Women's Tribune Centre, World
Federation of United Nations Associations, International Federation of Business
and Professional Women, Korean Institute for Women and Politics, International
Youth and Student Movement for the United Nations (ISMUN) nongovernmental
organizations in general consultative status
Conscience and Peace Tax
International (CPTI), Dominicans for Justice and Peace (Order of Preachers), Federación
de Asociaciones de Defensa y Promoción de los Derechos Humanos (España),
Interfaith International, Pax Romana (International Catholic Movement for
Intellectual and Cultural Affairs and International Movement of Catholic
Students), Temple of Understanding (TOU), Women’s International League for
Peace and Freedom (WILPF), Women’s World Summit Foundation (WWSF), World
Organization Against Torture (OMCT), International Society for Human Rights
(ISHR), International Federation of University Women (IFUW), Femmes Africa
Solidarité (FAS), Lutheran World Federation (LWF), Worldwide Organization for
Women (WOW), Anglican Consultative Council (ACC), Union of Arab Jurists, Asian
Forum for Human Rights and Development (FORUM ASIA), Rencontre Africaine pour
la Defense des Droits de l’Homme (RADDHO), Foundation for the Refugee Education
Trust (RET), International Bridges to Justice (IBJ), Inter-African Committee on
Traditional Practices Affecting the Health of Women and Children (IAC),
International Association for the Defence of Religious Liberty, American
Association of Jurists (AAJ), Lassalle-Institut, UNESCO Centre of Catalonia,
Anti-Racism Information Service (ARIS), Peter Hesse Stiftung Foundation,
Colombian Commission of Jurists (CCJ), Pan Pacific and South East Asia Women’s
Association (PPSEAWA), Ius Primi Viri International Association (IPV),
Permanent Assembly for Human Rights (APDH), International Movement for
Fraternal Union Among Races and Peoples (UFER), Women's International Zionist
Organization (WIZO), International Federation of Women Lawyers (FIDA),
International Federation of Women in Legal Careers (FIFCJ), Canadian Federation
of University Women (CFUW), International Association for Women's Mental Health
(IAWMH), European Union of Women (EUW), European Women’s Lobby, International
Women’s Year Liaison Group (IWYLG), African Services Committee, Inc.,
International Federation of Family Associations of Missing Persons from Armed
Conflict (IFFAMPAC), Institute of International Social Development, African
Action on AIDS, International Society for Traumatic Stress Studies (ISTSS),
Lama Gangchen World Peace Foundation (LGWPF), Pax Christi International,
International Catholic Peace Movement, MADRE (International Women Human Rights
Organization), the Syriac Universal Alliance (SUA), Tandem Project, Al-Hakim
Foundation, Canadian Voice of Women for Peace (VOW), International Association
of Schools of Social Work (IASSW), Organization for Defending Victims of
Violence (ODVV), Solar Cookers International (SCI), Women’s Welfare Centre
(WWC), Medical Women’s International Association (MWIA), World Federation for
Mental Health (WFMH), The Salvation Army, United States Federation for Middle
East Peace, Susila Dharma International Association, Network Women in Development
Europe, Congregation of Our Lady of Charity of the Good Shepherd, International
Council of Jewish Women, Joan B. Kroc Institute for Peace and Justice
(University of San Diego), The Grail, Nord -Sud XXI, Comisión Andina de
Juristas, General Arab Women Federation, nongovernmental organizations in
special consultative status,
Institute for Planetary
Synthesis (IPS), International Peace Bureau (IPB), UNESCO Centre Basque Country
(UNESCO ETXEA), 3HO Foundation (Healthy, Happy, Holy Organization), Dzeno
Association, Country Women Association of Nigeria (COWAN), SERVAS
International, non-governmental organizations on the Roster
Title:
Indigenous peoples and the human right to
peace[1][1]
Text:
I
The Spanish Society for
International Human Rights Law (SSIHRL) adopted on 30 October 2006 the “Luarca Declaration on the Human
Right to Peace” as the culmination of a process of extensive consultations with
Spanish civil society, with the support of the Catalonian Agency for
Cooperation to Development.
Following the adoption of the
Luarca Declaration, the SSIHRL has continued in all regions of the world the
process of consultations with civil society through the organization of
conferences and expert meetings on the human right to peace[2][2]. In 2010 the SSIHRL will call for a World
NGO Conference to analyse and incorporate the inputs received from
international civil society and to adopt the final text of the Universal Declaration
on the Human Right to Peace which will be submitted to the HR Council, urging its Member States to
initiate the official codification of the human right to peace. The new text
will truly represent the aspirations of international civil society.
On 15 March 2007 the Luarca
Declaration on the Human Right to Peace was presented to the fourth session of
the Human Rights Council in an oral statement delivered by UNESCO Etxea on
behalf of SSIHRL. Since then several parallel meetings have taken place at the Palais de Nations in
II
According
to the latest world estimations, the number of indigenous groups globally
exceeds 5.000, representing as many as 370 millions of human beings in more
than 70 countries. As emphasized by the President of the General Assembly, “we need indigenous peoples in our
midst as part of our global efforts to bring peace, promote sustainable
development, eradicate poverty and strengthen democracy, as well as to preserve
cultural diversity”[4][4]. Although the indigenous peoples’ spirituality or
religion has been put down over the centuries, their traditional concept of
life based on peace and mutual respect has survived until recent years[5][5].
The right to peace as a fundamental human
right has been recognized in the United Nations Declaration on Human Rights
of Indigenous Peoples by indicating that the indigenous peoples have the
right to live in freedom, peace and security[6][6]. It was followed by the draft American
Declaration on the Rights of Indigenous Peoples. The Working Group drafting
the former Declaration recognised that the right to peace is a collective right
with an individual dimension[7][7]. Furthermore, the OAS Working Group of
the above mentioned draft declaration underlined that indigenous peoples have
both the right to peace and security, and the right to recognition and respect of their own
institutions for the maintenance of international peace and security[8][8]. Nevertheless, the persistent
plight of indigenous peoples in many parts of the world continues to be an
affront to humanity. It follows that the realization of the rights contained in
the current human rights instruments, including the UN Declaration on Human
Rights of Indigenous Peoples, could become a useful means so that an increasing
number of the world’s indigenous peoples can truly live in dignity and peace[9][9].
In
the recent decades Constitutions of numerous States have recognised indigenous
peoples as specific groups of national population. In other States special laws
have been enacted to protect their specificity. However, indigenous peoples are
still being subject to forced assimilation, integration and the denial of their
rights. As acknowledged by the Programme of Action of the International
Conference on Population and Development (
Racial discrimination and other human rights abuses which
indigenous peoples have endured and continue to suffer – including
extrajudicial killings, enforced disappearance, torture, intimidation or
harassment[10][10]-, have resulted in their
marginalisation and social exclusion. As observed by José Martínez Cobo, the
Special Rapporteur of the former Sub-Commission on the problem of
discrimination against indigenous populations, “in many countries indigenous
peoples are at the bottom of the socio-economic scale”[11][11]. Despite efforts to improve their
conditions, indigenous peoples are still handicapped by low standards of living
and face numerous obstacles in their attempts to overcome this situation.
To close the gap as regards the
disparities in human development, the Durban Declaration and Plan of Action
urges States and international financial and development institutions to ensure
that their policies and practices contribute to the eradication of racism
through inclusive participation of all communities and groups in development
projects[12][12].
The Beijing Declaration and Platform for Action of the Fourth UN
World Conference on Women of 1995 recognized the need to ensure full
respect for the human rights of all women in general, including indigenous
women. As stressed by the former Special Rapporteur on indigenous peoples, “the
threefold discrimination women suffer (for being women, indigenous and poor)
marginalize even further regarding economic and political opportunities for
employment, social services, access to justice, and, more particularly, access
to land and other productive resources”[13][13]. Currently, many indigenous women
are submitted to discriminatory practices within communities, such as forced
marriages, frequent domestic violence, child rape, dispossession of property
and other forms of male patriarchal domination. Moreover, women are often
excluded from participative processes and decision-making on development
projects and programmes in indigenous communities[14][14]. Thus, taking into account that the
realization of equal rights for women at all levels and in all areas of life
contributes to the achievement of a just and lasting peace[15][15], their marginalization and
discrimination impedes the social, economic and cultural development of the
indigenous peoples as a whole.
Since Education is an indispensable tool that can help humankind,
including indigenous peoples in particular, to move towards the ideals of peace,
freedom and social justice[16][16], cultural diversity should be given
paramount importance in any formal or informal educational system.
Nevertheless, culture, languages, traditions and knowledge of indigenous
peoples continue to be discriminated in the programmes, curricula and teaching
methods of many countries. In addition, indigenous communities are occasionally
forced to sacrifice important aspects of their identity and, in some cases, are
assimilated into cultural models imposed by the dominant group[17][17]. As stated by the UNESCO Universal
Declaration on Cultural Diversity, “the respect for the diversity of
cultures, tolerance, dialogue and cooperation, in a climate of mutual trust and
understanding are among the best guarantees of international peace and
security”. In conclusion, indigenous education should be broadened at all
levels of national education with anti-racist and multicultural methods that
reflect respect for cultural and ethnic diversity and, in particular, gender
equality.
The spiritual and cultural link between indigenous communities and their
homelands is often misunderstood by
non-indigenous persons and is frequently ignored in the decision-making of many
governments in the process of development. From immemorial time indigenous peoples
have maintained a special relationship with the land, their source of
livelihood and sustenance and the basis of their very existence as identifiable
territorial communities. As stated by the Human
Rights Committee (General Comment on Article 27 of ICCPR), “culture
manifest itself in many forms, including a particular way of life associated
with the use of land resources, especially in the cases of indigenous peoples”[18][18].
Although international human rights instruments recognise relationship
between indigenous peoples and their lands, territories and resources, the
insecurity of their land rights continues to be one of the major causes of
instability among indigenous communities, in particular due to illegal
practices by outside private corporations that usurp indigenous lands without
negotiation, compensation and lack of social responsibility. As stressed by the
Committee on the Elimination of
Racial Discrimination, the world indigenous peoples have been, and are
still being, deprived of their land and resources to commercial companies and
State enterprises[19][19]. The rapid deterioration of indigenous societies in many countries is due
in large part to the adoption of arbitrary, unreasonable and non-proportional
governmental practices which prioritize the economic or financial investment
over the interests of the indigenous people. Therefore, it is necessary to make
a proper and fair balance between the economic interest of international
corporations and governments and the access of indigenous peoples to their
lands as a precondition for the enjoyment of their rights, such as the right to
food, health, adequate housing, culture and free exercise of religion.
As stated by Article 8 (j) of the UNESCO Convention on Biological
Diversity, the conservation and sustainable use of biological diversity
depends on knowledge, innovations and practices of indigenous and local
communities. Furthermore, the Convention states that conservation and
sustainable use of biological diversity will strengthen friendly relations
among countries and contribute to peace for humankind. Thus, States should
recognize the vital role of indigenous peoples in the environmental management
and conservation of biological diversity, and foster their knowledge and their
traditional methods of work in the sustainable use of biological resources.
According to Principle 25 of the Rio Declaration on Environment and Development,
adopted together with Agenda 21 by the Rio Earth Summit in 1992, “peace,
development and environmental protection are interdependent and
indivisible”.
Most peace negotiations with indigenous communities have only dealt
with superficial issues. The roots of conflicts are seldom addressed and remain
hidden only to re-emerge at a later time[20][20]. The historical situation of land
dispossession and social exclusion is not only the result of a larger picture
of complex social problems related to a history of discrimination and
marginalization, including poverty and unemployment[21][21], but also the cause of tensions and
conflict in many indigenous communities. To overcome these problems, the former
Special Rapporteur on indigenous peoples indicated that “a fair and effective
justice system is crucial in fostering reconciliation, peace, stability and development
among indigenous peoples”[22][22].
As stated in Article 14
of the Luarca Declaration on the Human
Right to Peace, adopted on
“All persons belonging
to vulnerable groups have the right to an analysis of the specific effects on
enjoyment of their rights of the different forms of violence to which they are
subject, and to the adoption of measures in that respect, including recognition
of their right to participate in the adoption of those measures”
CONCLUSIONS
We therefore urge the Human Rights Council to promote the rights of
indigenous peoples to social justice and equity, non-discrimination and gender
equality, respect of all human rights, empathy, cultural diversity, linguistic
rights, solidarity, peace and friendly relations among all nations, races,
ethnicities or religions.
We also encourage Member States to implement the relevant norms and set
up appropriate mechanisms to recognize the negative impact of the assimilationist
educational systems based on intolerance, discrimination and inequality among
races, sexes, ethnicities and social backgrounds in the enjoyment of the human
right to peace.
We further request Member States to take the necessary measures towards
the realization of the fundamental rights of indigenous peoples as contained in
the UN Declaration on Human
Rights of Indigenous Peoples, the Programme of Action of the International Conference on Population
and Development, the Durban Declaration and Plan of Action, the UNESCO
Universal Declaration on Cultural Diversity, the Convention on Biological
Diversity, the Declaration on Environment and
Development, the Vienna Declaration and Programme of Action and the ILO Convention No. 169 on the Rights of Indigenous and Tribal
Peoples in Independent Countries.
We also urge Member States to recognize the need to ensure full respect
for the human rights of indigenous women as provided in the Beijing Declaration
and Platform for Action of the Fourth World Conference on Women in 1995.
We further encourage Member States to ensure that indigenous children
enjoy their own culture, profess and practise their own religion, and use their
own language as stipulated by the UN Convention on the Rights of the
Child.
Finally, we request all international actors to fully participate at the
Workshop on the right of peoples to peace,
to be organized by the High Commissioner further to Council resolution 8/L.13,
adopted on 18 June 2008.
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[1][1] NGOs without
status consultative in ECOSOC that endorse the statement: KULU Women and
Development, Women in Black Network, Centre for Gender Studies (Benue State
University, Nigeria), Instituto de Estudios Políticos para América Latina y
Africa (IEPALA)
[2][2] Conferences and
expert meetings have already taken place in Bilbao and Geneva (November 2006);
Mexico (December 2006), Bogotá, Barcelona and Addis Ababa (March 2007); Caracas
and Santo Domingo (April 2007), Morelia (Mexico, 12 May 2007), Bogotá (12 May
2007), Oviedo and Santa Fe (New Mexico, USA, 16-17 May 2007); Washington (14
June 2007) , Nairobi (15 June 2007), Geneva (28 June 2007), Feldkirch (Austria,
31 August 2007), Geneva (11, 12 and 21 September 2007), Luarca (28 September
2007), Madrid (23 October 2007), Monterrey (1st November 2007), Mexico DF,
Geneva, Las Palmas de Gran Canaria, Zaragoza and Navía, Asturias (December
2007), the UN Commission on the Status of Women, New York (February 2008),
Geneva (March 2008), Parliament of Catalonia, Barcelona, Geneva, Dakar, Madrid,
Valencia (April 2008), Rome and Gwangju, Republic of Korea (May 2008), Geneva,
Bilbao (June 2008), Cartagena and Geneva (July 2008), Paris, Geneva, Montevideo
(September 2008) . For more information on these meetings, please see http://www.aedidh.org
[3][3] 15 March 2007, both the SSIHRL
and the International Society of Human Rights (Frankfurt) convened an open Information
Meeting on the Luarca Declaration; on 16 March 2007, the SSIHRL organised a
Technical Meeting with NGO and human rights experts with a view to
building a common strategy for a world-wide campaign on the human right to
peace; 11 June 2007, both UNESCO Etxea and SSIHRL organised an additional
parallel meeting on the relationship between peace and solidarity rights; 12 September 2007,
the SSIHRL in collaboration with the UNESCO Liaison Office in Geneva organised
a Roundtable on the legal content of the human right to peace; 21 September
2007, the SSIHRL organised the commemoration of the United Nations
International Day of Peace in the Council Chamber of the Palais de Nations; 7
March 2008, the SSIHRL, the International Society of Human Rights (Frankfurt)
and UNESCO Etxea organised a Roundtable on the relationship between extreme
poverty and the human right to peace; 4 June 2008, the SSIHRL and UNESCO Etxea
organised a Roundtable on the right to education on peace and human rights.
[4][4] Assembly
President Stresses Importance of Indigenous Peoples in Efforts to
Bring Peace, Promote Sustainable Development, Eradicate Poverty, UNIS/GA/1667,
[5][5] Report by the former Special Rapporteur on human rights
and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen,
[6][6] Article 7 of the
United Nations Declaration on Human Rights of Indigenous People, as adopted by
resolution A/Res/61/295, of
[7][7] Commission on
Human Rights, Working Group on Indigenous People, Chairperson-Rapporteur: Luis
Enrique Chávez (
[8][8] Article 30 of the draft American
Declaration on the Rights of Indigenous People
[9][9] OHCHR, statement
by Acting High Commissioner for Human Rights Kyung-Wha Kang, and S. James
Anaya, the Special Rapporteur on human rights and fundamental freedoms of
indigenous people on conmemoration of the International Day of the World’s
Indigenous People, 9 August 2008
[10][10] Report of the former Special Rapporteur on human rights
and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen,
A/HRC/4/32,
[11][11] José R. Martínez
Cobo, Study of the problem of discrimination against indigenous populations
(E/CN.4/Sub.4/1986/7 and Add.1-4. Addendum 4, containing the conclusions,
proposals and recommendations of the Special Rapporteur, was issued as a United
Nations Publication, Sales No. E.86.XIV.3
[12][12] A group of NGO
entitled World Agency Racism Network (WARN), based on
[13][13] Report of the former Special Rapporteur on human rights
and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen, supra
n. 10, par. 67
[14][14] Report of the former Special Rapporteur on human rights
and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen,
A/HRC/6/15,
[15][15] Decade for women:
Equality, Development and Peace, Implementation of the Nairobi
Forward-looking Strategies for the Advancement of Women, A/RES/40/108,
adopted on
[16][16] Report of the former Special Rapporteur on human rights
and fundamental freedoms of indigenous people, Mr. Rodolfo Stavenhagen,
E/CN.4/2005/88,
[17][17] Ibidem, par. 41-43
[18][18] Human Rights
Committee, General Comment No. 23 on Article 27 of the International Covenant
on Civil and Political Rights (CCPR/C/21/Rev.1/Add.5) adopted at its 1314th
meeting (fiftieth session), 6 April 1994
[19][19] CERD, General
Recommendation XXIII on Indigenous
People, adopted in 1997, p. 3
[20][20] See reports of the
former Special Rapporteur on human rights and fundamental freedoms of
indigenous people, Mr. Rodolfo Stavenhagen, on
[21][21] Report of the
former Special Rapporteur on human rights and fundamental freedoms of
indigenous people, Mr. Rodolfo Stavenhagen, A/CN.4/2006/78, Add. 4,
[22][22] Report of the
former Special Rapporteur on human rights and fundamental freedoms of
indigenous people, Mr. Rodolfo Stavenhagen, A/CN.4/2004/80,