Indig Eng printshop version - un.org · by permission of The Book Publishing Company, Summertown, Tennessee, USA. ... he made an eloquent address to ... in the sessions of the Working

Indigenous peoples, Indigenous voices

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‡‡UUnnii tteedd NNaatt iioonnss PPeerrmmaanneenntt FFoorruumm oonn IInnddiiggeennoouuss II ssssuueess

Some members of thePermanent Forum during itsfirst session, in May 2002.

asdWhen the Permanent Forum on Indigenous Issues met atthe United Nations for the first time in May 2002, it wasan historical moment for many who had worked for yearsto make the Forum a reality. As they had long sought,indigenous peoples were able to speak for themselves in anew way, to present their views as full-fledged membersof a United Nations body.

The Forum is an accomplishment built on the efforts ofsuccessive generations of indigenous peoples — begun asearly as 1924 at the League of Nations, and continuing,since the 1970s, through decades of partnership with theUnited Nations.

Why was the Forum established?The Permanent Forum was created by theUnited Nations Economic and Social Council(ECOSOC), by its resolution 2000/22, to:

u Discuss indigenous issues within theCouncil’s mandate, including economic andsocial development, culture, environment,education, health and human rights;

u Provide expert advice and recommendationsto the Council and to programmes, fundsand agencies of the United Nations; and

u Raise awareness about indigenous issues, andhelp to integrate and coordinate activities inthe UN system.

Who are the Forum members?The Forum is made up of 16 independentexperts, functioning in their personal capacities,with eight of the members nominated byindigenous peoples and eight nominated byGovernments. Governments may nominateindigenous experts, if they choose — andsome have done so.

The Forum meets for 10 days each year, in New York or Geneva, or a location to bechosen by the Forum.

most highly populated regions: Africa; Asia;and Central and South America and theCaribbean. These regional groups consult with

local organizations that confer at thegrassroots level. The nominees of

the regional indigenous process-es are then submitted to the

ECOSOC President. It isimportant to note that themembers of the Forum donot represent a particularState, indigenous com-munity or region; theyare experts serving intheir personal capacities.

The eight members nomi-nated by Governments are

elected by the Council, basedon the five regional groupings

of States normally used at theUnited Nations (Africa; Asia; Eastern

Europe; Latin America and the Caribbean;and Western Europe and Other States), withthree seats rotating.

The members serve a three-year term and may be re-elected or re-appointed for oneadditional term.

How are the members nominated and selected?In the resolution establishing the Forum, theCouncil made clear its wish that the indige-nous candidates be nominated in a fair andtransparent process. They are to beappointed by the President ofthe Council on the basis ofbroad consultations withindigenous organiza-tions, taking intoaccount the diversityand geographical distribution of theindigenous peoplesof the world as wellas the principles oftransparency, repre-sentativity and equalopportunity for allindigenous peoples,including local indigenousconsultation processes.

The following seven socio-cultural regions are the basis for consultationsand nominations: Africa; the Arctic; Asia;Central and South America and the Caribbean;Central and Eastern Europe, RussianFederation, Central Asia and Transcaucasia;North America; and the Pacific – with oneadditional seat that rotates among the three

Photo by Emmanuel Audelo / Girl: Mazazontecomatl, Guerrero, Mexico

A few months before his death in 1925, ChiefDeskaheh made a speech by radio in Rochester,New York. The following is an excerpt:

“This is the story of the Mohawks, the story of theOneidas, of the Cayugas — I am a Cayuga — of theOnondagas, the Senecas, and the Tuscaroras. They arethe Iroquois. Tell it to those who have not been listen-ing. Maybe I will be stopped from telling it. But if Iam prevented from telling it over, as I hope I do, thestory will not be lost. I have already told it to thou-sands of listeners in Europe. It has gone into the recordswhere your children can find it when I may be dead orbe in jail for daring to tell the truth. I have told thisstory in Switzerland. They have free speech in littleSwitzerland. One can tell the truth over there in public,even if it is uncomfortable for some great people.

This story comes straight from Deskaheh, one of thechiefs of the Cayugas. I am the speaker of the Councilof the Six Nations, the oldest League of Nations nowexisting. It was founded by Hiawatha. It is a Leaguewhich is still alive and intends, as best it can, todefend the rights of the Iroquois to live under theirown laws in their own little countries now left to them,to worship their Great Spirit in their own way, and toenjoy the rights which are as surely theirs as the whiteman's rights are his own.”

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Portion of Deskaheh's last speech from Basic Call to Consciousness,by permission of The Book Publishing Company, Summertown, Tennessee, USA

1923The first indigenous ambassador to formallyapproach the international community wasCayuga Chief Deskaheh, who set out for theLeague of Nations in 1923 as the representa-tive of the Six Nations of the Iroquois. In thetime he spent in Geneva — over a year —working for recognition by the League ofNations, his cause came under serious consid-eration by some of the delegations, but in theend the League would not hear his case. Stilldetermined, he made an eloquent address tothe Swiss public and continued to fight for therights of his people until his death in 1925. Histenacity and courage continue to inspire andnourish younger generations.

1924To protest the breaking of the Treaty ofWaitangi (New Zealand, 1840), which guaran-teed the indigenous Maori ownership of theirlands, T.W. Ratana, a Maori religious leader,travelled to London with a large delegation topetition King George for help, but he wasdenied access. He then sent part of his delega-tion to Geneva to approach the League ofNations, where they received similar treat-ment. The following year, 1925, Ratana him-self traveled to Geneva, but he, too, wasdenied access.

When indigenous peoples were denied accessor recognition, they had no recourse when

legal agreements with them were broken ordisregarded.

The International Labour Organization (ILO)began investigations into forced labour using“native populations”.

1957The ILO adopted the first international legalinstrument concerning indigenous peoples andtheir rights, which was replaced by theIndigenous and Tribal Peoples Convention (No.169) in 1989.

1970-71In response to reports of human rights violations, in 1970 the United Nations Sub-Commission on Prevention of Discriminationand Protection of Minorities recommendedthat there be a comprehensive study on thesituation of indigenous peoples, and in 1971 itappointed Special Rapporteur José MartínezCobo to undertake the work.

1977As Special Rapporteur Martínez Cobo madeprogress reports to the Sub-Commission, thesituation of indigenous peoples began to drawattention. Nearly 200 indigenous delegatesfrom around the world went to Geneva toattend a conference of non-governmentalorganizations (NGOs) on discriminationagainst indigenous people. Initially, many of

The long road to

them were not allowed entry, because theydid not fit into any established category oforganization. Special arrangements werequickly made by the United Nations to accom-modate them, and similar arrangements havebeen maintained until today.

1981-84The Martínez Cobo study, consisting of fivevolumes submitted from 1981 to 1984, provedto be a watershed. It appealed eloquently tothe international community to act decisivelyon behalf of indigenous peoples.

1982The Working Group on Indigenous Populations(WGIP) was established by ECOSOC to be asubsidiary body of the Sub-Commission with amandate to review developments pertainingto the promotion and protection of the humanrights and fundamental freedoms of indige-nous populations, giving special attention tothe evolution of standards concerning thoserights. Shortly after its establishment, arrange-ments were made that are unique within theUN system to allow indigenous participationin the sessions of the Working Group.

1993The United Nations proclaimed 1993 theInternational Year of the World’s IndigenousPeople “to strengthen international coopera-tion for the solution of problems faced by

indigenous communities in areas such ashuman rights, the environment, development,education and health.”

At the World Conference on Human Rights(Vienna), a permanent forum for indigenouspeople was first called for.

1994The International Decade of the World’sIndigenous People (1995-2004) was pro-claimed by the United Nations GeneralAssembly, and the establishment of a perma-nent forum for indigenous people was includ-ed as one of two major goals in its programmeof activities.

All told, it took 80 years, almost the entire his-tory of the League of Nations and the UnitedNations together, for indigenous voices toarrive on the podium of an official UnitedNations meeting. Finally they are speaking intheir own voices.

the Permanent Forum

Further steps on the road… 1995The Commission on Human Rights establisheda Working Group to elaborate the DraftDeclaration on the Rights of IndigenousPeoples prepared and transmitted to it by theSub-Commission on the Prevention ofDiscrimination and Protection of Minorities.

2001The Commission on Human Rights establishedthe role of Special Rapporteur on the humanrights and fundamental freedoms of indige-nous people to gather information and reporton human rights violations and to formulaterecommendations to prevent and remedy suchviolations.

2004 -2005 On 22 December 2004, the General Assemblyadopted the Second International Decade ofthe World’s Indigenous People (2005-2015)with the theme of “Partnership for action anddignity”. The Under-Secretary-General forEconomic and Social Affairs was appointed asthe Coordinator for the Second Decade, theobjectives of which include promoting non-discrimination of indigenous peoples andensuring their full and effective participationin decisions affecting them.

A Voluntary Trust Fund for the Second Decadewas established to support the objectives ofthe Decade. Indigenous organizations ororganizations working for indigenous peoplescan apply for financial grants for projects inthe priority areas of culture, education, health,human rights, the environment and social andeconomic development.

2006In June 2006, the United Nations Declarationon the Rights of Indigenous Peoples wasadopted by the Human Rights Council aftermore than twenty years of discussion. It wassubmitted to the General Assembly for adoptionat its 61st session.

The Declaration addresses both individual andcollective rights; cultural and identity rights,in addition to rights to education, health,

employment, language and others. It outlawsdiscrimination against indigenous peoples andpromotes their full participation in all mattersthat concern them. It also ensures their rightto remain distinct and to pursue their ownvisions of economic and social and culturaldevelopment.

Who is indigenous? Who decides?The question of who is or is not an indigenousgroup has been difficult to address. There aresome countries that say they have no indigenouspeoples living within their borders, whilegroups of people living in those countries whohave distinct languages and cultures considerthemselves indigenous to the lands on whichthey live, and are actively seeking to protecttheir cultures and their right to their lands andresources. A description of indigenous peoplesfound in the study by Special Rapporteur JoséMartínez Cobo is often cited. It is sometimeserroneously referred to as “the United Nationsdefinition”, but, in practice, the United Nationsasks whether indigenous groups identify them-selves as such.

Participation at the Forum

The Economic and Social Council decided to usethe same rules for participation at meetings ofthe Forum as those used by the WorkingGroup on Indigenous Populations. Indigenousorganizations who have registered to participatein the meeting may do so as observers. States,United Nations bodies and organs, intergov-ernmental organizations and non-governmentalorganizations in consultative status with theCouncil may do so as well. Organizations thathave registered to participate may address the Forum, as time allows. These rules areexceptional within the United Nations system,and were created to include representatives ofindigenous peoples. Indigenous organizations that wish to attendthe Forum are strongly urged to pre-register.

“Indigenous communities, peoplesand nations are those which, hav-ing a historical continuity with pre-invasion and pre-colonial societiesthat developed on their territories,consider themselves distinct fromother sectors of the societies nowprevailing in those territories, orparts of them. They form at presentnon-dominant sectors of society andare determined to preserve, developand transmit to future generationstheir ancestral territories, and theirethnic identity, as the basis of theircontinued existence as peoples, inaccordance with their own culturalpatterns, social institutions andlegal systems.”

This historical continuity, he says,may consist of occupation of ances-tral lands, common ancestry, com-mon culture, language, or other rel-evant factors. On an individualbasis, an indigenous person is onewho identifies himself as belongingto such a group, and who is accept-ed by the group.

Following is an often-cited descriptionof indigenous people from the study byUnited Nations Special Rapporteur J.Martínez Cobo:

Dogon, Mali

Indigenous peoples around the worldThroughout the world today, it is widely recognized that indigenous peoples are amongthe most disadvantaged and vulnerable. It isestimated that there are 300 to 500 millionindigenous people in more than 70 countriesaround the world, representing over 5,000 languages and cultures on every continent.

Indigenous peoples, in their closely dependentrelationships to their environment, often statethat they have guardianship of the earth –their terrestrial mother, the giver of all life.Expressed another way, they feel they are thespiritual landlords of nations, while the governing, political landlords are usually not indigenous.

Today, many indigenous peoples are engagedin a struggle to remain on their lands andretain the right to their natural resources.Other indigenous peoples have long since beenremoved from their lands, denied their lan-guages and traditional ways, and consequentlybeen left impoverished.

Some members of later generations are nowreclaiming languages and cultures, but domi-nant societies find themselves struggling withthe financial and social costs of their earlieractions, costs that they are finding difficult topay in full.

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“In the Permanent Forum on IndigenousIssues, indigenous peoples now have an official home at the United Nations. And…the perspectives, concerns, experiences andworld views of indigenous peoples have acrucial role to play in addressing global challenges and our efforts to achieve theMillennium Development Goals. Indeed, onlyby respecting cultural diversity and indigenouspeoples’ right to self-determination can ourwork together truly be called a partnership.”

Message from the Secretary-General of theUnited Nations on the International Day ofthe World´s Indigenous People, 9 August 2006

asdfPhotos by Rebecca SommerBorder design on cover from traditional Dineh rug design, USA

FFoorr aaddddiittiioonnaall iinnffoorrmmaattiioonn,, pplleeaassee ccoonnttaacctt:: Secretariat of the Permanent Forum

on Indigenous IssuesDepartment of Economic and

Social AffairsDivision for Social Policy and

Development Room DC2-1772New York, NY 10017Tel: 1 (917) 367-5100Fax: 1 (917) 367-5102

On the Internet:www.un.org/esa/socdev/unpfii

(Note: please do not contact theSecretariat for registration information)

FFoorr pprree--rreeggiissttrraattiioonn iinnffoorrmmaattiioonn::

Mr. Yao NgoranChief, NGO UnitDivision for Social Policy and

Development Room DC2-1376New York, NY 10017Tel: 1 (212) 963 3175Fax: 1 (212) 963 3062E-mail: [email protected]

PPlleeaassee ddiirreecctt mmeeddiiaa qquueerriieess ttoo::United Nations Department of

Public InformationTel: 1 (212) 963-2932E-mail: [email protected]

TThhee SSeeccrreettaarriiaatt ooff tthhee PPeerrmmaanneenntt FFoorruumm oonn IInnddiiggeennoouuss IIssssuueess was established by the General Assembly in 2002. Based at UN Headquarters in New York within the Division for Social Policy and Development of theUN Department of Economic and Social Affairs, the Secretariat organizesthe annual sessions of the Permanent Forum and provides support to itsMembers throughout the year.

The Secretariat facilitates implementation within the UN system of the recommendations that emerge from each annual session and promotesawareness of indigenous issues within the UN system, governments and the public, serving as a source of information and a coordination point foradvocacy efforts on issues concerning indigenous peoples.

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asdfUnited Nations Published by the United Nations Department of Public Information—DPI-2454—07-27514—May 2007—5M