Aboriginal Ecotourism
a workshop presented at the North American Ecotourism Conference Madison, Wisconsin September 26 to 28, 2007
by
THE INTERNATIONAL FORUM ON INDIGENOUS TOURISM Oaxaca, Mexico March 18-20, 2002
For Further Information contact: The Rethinking Tourism Project (RTP) 366 North Prior Avenue, Suite 203 Saint Paul , MN USA 55104
Phone: (651) 644-9984
Fax: (651) 644-2720 Website: http://www.rethinkingtourism.org Email: info@rethinkingtourism.org
DECLARATION OF THE INTERNATIONAL FORUM ON INDIGENOUS TOURISM - MARCH 2002
D ECLARATION OF T HE I NTERNATIONAL F ORUM I NDIGENOUS T OURISM ,
ON
O AXACA , M EXICO , M ARCH 18-20, 2002. We, the delegates at the International Forum on Indigenous Tourism, have gathered in Oaxaca to share perspectives and deliberate on the consequences of tourism in our communities. We come from thirteen primarily Western Hemisphere countries, representing Indigenous communities that are participating in activities related to tourism development, nature conservation, reforestation, environmental education, cultural heritage, and agriculture. We do this mindfully independent from the U.N.'s ongoing "International Year of Ecotourism" (IYE) because we have grave concerns over the processes leading up to the IYE and its outcomes so far, and how they will impact Indigenous Peoples in the future. We have been told that the IYE declaration is testimony to the importance of ecotourism to conserve lands, protect cultures, and encourage economic development. Yet the realities we are experiencing of ecological degradation and cultural erosion associated with tourism development under the influence of globalization suggest that the IYE does not go far enough in its review of ecotourism. For centuries, Indigenous Peoples have suffered from displacement and dispossession, and we see the incursion of the profit-driven global tourism industry as well as the rhetoric of "sustainable development" in the IYE as the latest threats to our lands and our communities. Throughout the process leading up to the IYE, a clear division has developed between the actors promoting the year and worldwide movements of Indigenous Peoples rejecting it. Many have rejected the IYE because of its lack of transparency. We are especially concerned that the IYE has not sought the informed participation of Indigenous representatives in its planning. It is sadly reminiscent of recent problems over the process in which U.N. Convention on Biological Diversity developed guidelines for sustainable tourism and biodiversity, which were rushed without significant Indigenous input. Divergent perspectives, values, and interests must be taken into account in global initiatives like the IYE, and we affirm the internationally-recognized right and responsibility of Indigenous Peoples to be present in them.1 We register our profound disagreement with the IYE's and ecotourism's most basic assumptions that define Indigenous communities as targets to be developed and our lands as commercial resources to be sold on global markets. Under this universalistic economic framework, tourism brings market competition, appropriates our lands and peoples as consumer products, and renders our traditional knowledge vulnerable to bioprospecting and biopiracy. The IYE must not be used to legitimate the 1
These rights are confirmed by the Convention on Biological Diversity, International Labor Organization Agreement 169, the Draft Declaration of Indigenous Peoples' Rights to the OAS, and the U.N. Draft Declaration of Indigenous Peoples' Rights, among others.
PAGE 1 OF 3
DECLARATION OF THE INTERNATIONAL FORUM ON INDIGENOUS TOURISM - MARCH 2002
invasion and displacement of Indigenous territories and communities. Our lifeways and cultures are distinct, and we demand that the IYE and ecotourism's promoters acknowledge our fundamental rights to self-determination, prior informed consent, and the diverse ways that we choose to process and participate in such initiatives. To be sure, some ecotourism projects might be deemed successful because they have not disrupted local cultures and ecosystems. It is because these projects have been designed and implemented by Indigenous Peoples ourselves. These forms of tourism encompass the inherently holistic ways in which our communities are organized. They are based on and enhance our self-determination. They are protective of our biological and cultural diversity, sacred sites and rituals, and collective property and traditional resource rights. They affirm the fundamental ethical and spiritual dimensions of our relationships with the land and with each other. Such forms of tourism cannot be based on concept-driven tourism development such as ecotourism, sustainable tourism, nature tourism, cultural tourism, ethnotourism, etc. Instead they are based on a long-term analysis of the pros and cons of tourism development, recognizing and following collective decision-making processes, and integrated into our long-term realities and visions of sustainable use and access to collective goods. An essential component of this is the right to decline tourism development at any point in the development process. So when we talk about "Indigenous Tourism," it is not just another marketing gimmick, but a broad category of distinctive ways in which Indigenous Peoples choose to implement tourism on our own terms. The participants in this meeting have affirmed and determined to undertake the following: 1. Indigenous Peoples are not mere "stakeholders," but internationally-recognized holders of collective and human rights, including the rights of self-determination, informed consent, and effective participation. 2. Given that we have seen few positive results from the U.N.'s Decade of Indigenous Peoples, we do not put much stock in the effectiveness of this declaration to the U.N. We believe the real listeners of this message will be Indigenous Peoples and others who have respect for our ways of being. This declaration is also aimed at governments, conservation and ecotourism NGOs, academics, the tourism industry, and others who seek to "develop" us and our lands for tourism. 3. Indigenous Peoples are not objects of tourism development. We are active subjects with the rights and responsibilities to our territories and the processes of tourism planning, implementation, and evaluation that happen in them. This means we are responsible for defending Indigenous lands and communities from development that is imposed by governments, development agencies, private corporations, NGOs, and specialists. 4. Tourism is beneficial for Indigenous communities only when it is based on and enhances our self-determination. Outside "experts and assistance" are useful to us only if they work within
PAGE 2 OF 3
DECLARATION OF THE INTERNATIONAL FORUM ON INDIGENOUS TOURISM - MARCH 2002
frameworks conceptualized and defined by our communities. Therefore, tourism projects must be undertaken only under the guidance and surveillance of an Indigenous Technical Team, and only after a full critical analysis of the long-term pros and cons of tourism development. 5. Indigenous Peoples must be the natural resource and wildlife managers of our own environments. Communities that fall within protected areas often experience oppression by governing agencies and lack of access to our own resources. 6. Indigenous Peoples must establish and strengthen strategies of coordination and information sharing both regionally and internationally, in order to assert participation in initiatives like the IYE. This meeting signals the birth of the Indigenous Tourism Network, that employs the sharing of information among Indigenous communities through newsletters, gatherings, regional workshops, emails, websites, video production, and other forms of communication that are independent of the self-promotional focus of the tourism industry. 7. We urge an honest and transparent commitment on the part of the United Nations and other international organizations to actively open doors for the direct participation of Indigenous Peoples. This includes dedicating funds and developing mechanisms for Indigenous Peoples' representatives to participate in the planning and execution of international initiatives like the IYE, and respect for the diverse ways that Indigenous communities make decisions about important initiatives that directly impact us. 8. We demand that national governments implement and respect laws and regulations regarding the environment and Indigenous communities. 9. We urge the development and implementation of guidelines and regulations for ecotourism development and visitation based on principles of respect for local cultures and the integrity of ecosystems. 10. We consider illegitimate any drafting process that does not include the active and full participation of Indigenous Peoples.
PAGE 3 OF 3
ABORIGINAL INVOLVEMENT AND LEADERSHIP IN SUSTAINABLE ECOTOURISM Statement to the World Ecotourism Summit, Quebec City, 2002 For Aboriginal or Indigenous communities, ecotourism represents a development opportunity that can bring many economic, environmental, cultural, social and political benefits. The key for Indigenous communities to achieve these benefits is active involvement in, and genuine control over, ecotourism initiatives within their traditional territory. To achieve involvement and control, Indigenous communities must be much more than token players receiving fringe employment or craft sales benefits. Indigenous communities must not only have the opportunity to be actively involved in developing ecotourism products and services. Indigenous communities must have the opportunity to: • be involved in the actual ownership of ecotourism enterprises, and • to have their representatives play an active, leadership role in regional, national and international efforts to plan and develop ecotourism. Active involvement and control of ecotourism products and services by Indigenous communities will not only benefit Indigenous peoples. A vibrant and successful Indigenous ecotourism sector will greatly strengthen ecotourism as a global industry. The richness and diversity of Indigenous cultures and traditional knowledge is an incredible resource for the ecotourism industry, and for a world searching for 'new' models of economic and environmental sustainability. Indigenous ecotourism operators can greatly enhance product offerings, and partner with other genuine ecotourism operators to bring benefits to all. Active support for the Indigenous ecotourism product development needs to be offered by regional and national development agencies world-wide, and by international bodies including the United Nations Environmental Programme. Active support for Indigenous ecotourism product development and planning, including active Indigenous involvement, control and leadership will demonstrate a genuine commitment to, and help achieve progress towards, environmental sustainability and appropriate economic development. On a global level, colonialism is a current reality for indigenous peoples who must struggle to re-assert control over their daily lives. Ecotourism growth without Indigenous involvement, control and leadership, quite simply, results in increased colonial pressures on Indigenous communities by outside forces, and increased economic, social, cultural and political disenfranchisement. It will lead to increasing conflict between the ecotourism movement and indigenous communities, leaving both sides weaker, and with less opportunity to protect their interests against resource extraction industries that have limited regard for Aboriginal territory or for the protection of natural assets valued by ecotourism operators and clients.
MAKING
CHANGE
There are a limited number of Aboriginal ecotourism facilities around the world. Within Canada, one such facility is the Cree Village Ecolodge which is 100% developed, operated and owned by the MoCreebec Council of the Cree Nation community. This new facility located at the southern tip of James Bay in north-eastern Ontario is near to the James Bay site listed on the RAMSAR List of Wetlands of International Importance. Traditionally a hunting and gathering society, the MoCreebec community spent five years designing and developing their new ecolodge facility so that it would reflect their traditional values and principles. The community committee that led the development of the Cree Village Ecolodge was purposeful and patient, delaying construction of their facility until they were satisfied that the design was in keeping with their principles. The result is a gathering place for the community and guests from around the world that resonates with a sense of the MoCreebec people and their culture and traditions, and their vision for the future. In keeping with their environmental approach, their healthy facility features natural textures and is highly energy efficient which is a key focus given their sub-arctic northern climate. Cree Village Ecolodge (www.creevillage.com) serves as a model of Aboriginal involvement, control and leadership in ecotourism. Four key aspects of the success to date of the Cree Village Ecolodge, include the following; 1) the need for Indigenous communities to play an active, hands-on role in developing their own ecotourism products and services, in keeping with their own traditions and values; 2) the value of Aboriginal communities playing an active role in owning and operating ectourism facilites, and in defining Aboriginal ecotourism on their own terms as an Aboriginal community 3) the connection between ‘sustainable ecotourism’ and traditional Indigenous community values; 4) the need for outside agencies to play a key support role by providing sufficient resources, including time, to enable appropriate planning and development to take place. Indigenous communities must be involved in ecotourism product development, and they must have an ownership role in ecotourism facilities and operations. Indigenous community representatives must have an active leadership role in regional, national and global efforts to plan and develop ecotourism. Rick MacLeod Farley, Principal Consultant
HAPPEN
...TOGETHER
R.R. #7, 223177 Grey Road 17 B, Owen Sound, Ontario, N 4 K 6 V 5, Canada phone: 519-377-2332 • fax: 1-866-409-8633 (toll free) • e-mail: info @ macfar.ca • web: www.macfar.ca
QUÉBEC DECLARATION ON ECOTOURISM
In the framework of the UN International Year of Ecotourism, 2002, under the aegis of the United Nations Environment Programme (UNEP) and the World Tourism Organization (WTO), over one thousand participants coming from 132 countries, from the public, private and non-governmental sectors met at the World Ecotourism Summit, hosted in Québec City, Canada, by Tourisme Québec and the Canadian Tourism Commission, between 19 and 22 May 2002. The Québec Summit represented the culmination of 18 preparatory meetings held in 2001 and 2002, involving over 3,000 representatives from national and local governments including the tourism, environment and other administrations, private ecotourism businesses and their trade associations, non-governmental organizations, academic institutions and consultants, intergovernmental organizations, and indigenous and local communities. This document takes into account the preparatory process, as well as the discussions held during the Summit. It is the result of a multistakeholder dialogue, although it is not a negotiated document. Its main purpose is the setting of a preliminary agenda and a set of recommendations for the development of ecotourism activities in the context of sustainable development. The participants at the Summit acknowledge the World Summit on Sustainable Development (WSSD) in Johannesburg, August/September 2002, as the ground-setting event for international policy in the next 10 years, and emphasize that, as a leading industry, the sustainability of tourism should be a priority at WSSD due to its potential contribution to poverty alleviation and environmental protection in endangered ecosystems. Participants therefore request the UN, its organizations and member governments represented at this Summit to disseminate the following Declaration and other results from the World Ecotourism Summit at the WSSD. The participants to the World Ecotourism Summit, aware of the limitations of this consultative process to incorporate the input of the large variety of ecotourism stakeholders, particularly non-governmental organizations (NGOs) and local and indigenous communities, Recognize that ecotourism embraces the principles of sustainable tourism, concerning the economic, social and environmental impacts of tourism. It also embraces the following specific principles which distinguish it from the wider concept of sustainable tourism: •
Contributes actively to the conservation of natural and cultural heritage,
2 • • •
Includes local and indigenous communities in its planning, development and operation, and contributing to their well-being, Interprets the natural and cultural heritage of the destination to visitors, Lends itself better to independent travellers, as well as to organized tours for small size groups.
Acknowledge that tourism has significant and complex social, economic and environmental implications, which can bring both benefits and costs to the environment and local communities, Consider the growing interest of people in travelling to natural areas, both on land and sea, Recognize that ecotourism has sustainability practices to the tourism sector,
provided
a
leadership
role
in
introducing
Emphasize that ecotourism should continue to contribute to make the overall tourism industry more sustainable, by increasing economic and social benefits for host communities, actively contributing to the conservation of natural resources and the cultural integrity of host communities, and by increasing awareness of all travellers towards the conservation of natural and cultural heritage, Recognize the cultural diversity associated with many natural areas, particularly because of the historical presence of local and indigenous communities, of which some have maintained their traditional knowledge, uses and practices many of which have proven to be sustainable over the centuries, Reiterate that funding for the conservation and management of biodiverse and culturally rich protected areas has been documented to be inadequate worldwide, Recognize further that many of these areas are home to peoples often living in poverty, who frequently lack adequate health care, education facilities, communications systems, and other infrastructure required for genuine development opportunity, Affirm that different forms of tourism, especially ecotourism, if managed in a sustainable manner can represent a valuable economic opportunity for local and indigenous populations and their cultures and for the conservation and sustainable use of nature for future generations and can be a leading source of revenues for protected areas, Emphasize that at the same time, wherever and whenever tourism in natural and rural areas is not properly planned, developed and managed, it contributes to the deterioration of natural landscapes, threats to wildlife and biodiversity, marine and coastal pollution, poor water quality, poverty, displacement of indigenous and local communities, and the erosion of cultural traditions, Acknowledge that ecotourism development must consider and respect the land and property rights, and, where recognized, the right to self-determination and cultural sovereignty of indigenous and local communities, including their protected, sensitive and sacred sites as well as their traditional knowledge,
3
Stress that to achieve equitable social, economic and environmental benefits from ecotourism and other forms of tourism in natural areas, and to minimize or avoid potential negative impacts, participative planning mechanisms are needed that allow local and indigenous communities, in a transparent way, to define and regulate the use of their areas at the local level, including the right to opt out of tourism development, Understand that small and micro businesses seeking to meet social and environmental objectives are key partners in ecotourism and are often operating in a development climate that does not provide suitable financial and marketing support for ecotourism, Recognize that to improve the chances of survival of small-, medium-, and micro enterprises further understanding of the ecotourism market will be required through market research, specialized credit instruments for tourism businesses, grants for external costs, incentives for the use of sustainable energy and innovative technical solutions, and an emphasis on developing skills not only in business but within government and those seeking to support business solutions, Accept the need to avoid discrimination between people, whether by race, gender or other personal circumstances, with respect to their involvement in ecotourism as consumers or suppliers, Recognize that visitors have a responsibility to the sustainability of the destination and the global environment through their travel choice, behaviour and activities, and that therefore it is important to communicate to them the qualities and sensitivities of destinations, In light of the above, the participants to the World Ecotourism Summit, having met in QuĂŠbec City, from 19 to 22 May 2002, produced a series of recommendations, which they propose to governments, the private sector, non-governmental organizations, communitybased associations, academic and research institutions, inter-governmental organizations, international financial institutions, development assistance agencies, and indigenous and local communities, as follows:
A. To national, regional and local governments 1.
formulate national, regional and local ecotourism policies and development strategies that are consistent with the overall objectives of sustainable development, and to do so through a wide consultation process with those who are likely to become involved in, affect, or be affected by ecotourism activities;
2.
guarantee -in conjunction with local and indigenous communities, the private sector, NGOs and all ecotourism stakeholders- the protection of nature, local and indigenous cultures and specially traditional knowledge, genetic resources, rights to land and property, as well as rights to water;
4
3. ensure the involvement, appropriate participation and necessary coordination of all the relevant public institutions at the national, provincial and local level, (including the establishment of inter-ministerial working groups as appropriate) at different stages in the ecotourism process, while at the same time opening and facilitating the participation of other stakeholders in ecotourism-related decisions. Furthermore, adequate budgetary mechanisms and appropriate legislative frameworks need to be set up to allow implementation of the objectives and goals set up by these multistakeholder bodies; 4. include in the above framework the necessary regulatory and monitoring mechanisms at the national, regional and local levels, including objective sustainability indicators jointly agreed with all stakeholders and environmental impact assessment studies to be used as feedback mechanism. Results of monitoring should be made available to the general public; 5. develop regulatory mechanisms for internalization of environmental costs in all aspects of the tourism product, including international transport; 6. develop the local and municipal capacity to implement growth management tools such as zoning, and participatory land-use planning not only in protected areas but in buffer zones and other ecotourism development zones; 7. use internationally approved and reviewed guidelines to develop certification schemes, ecolabels and other voluntary initiatives geared towards sustainability in ecotourism, encouraging private operators to join such schemes and promoting their recognition by consumers. However, certification systems should reflect regional and local criteria. Build capacity and provide financial support to make these schemes accessible to small and medium enterprises (SMEs). In addition, monitoring and a regulatory framework are necessary to support effective implementation of these schemes; 8. ensure the provision of technical, financial and human resources development support to micro, small and medium-sized firms, which are the core of ecotourism, with a view to enable them to start, grow and develop their businesses in a sustainable manner; 9. define appropriate policies, management plans, and interpretation programmes for visitors, and earmark adequate sources of funding for natural areas to manage visitor numbers, protect vulnerable ecosystems, and the sustainable use of sensitive habitats. Such plans should include clear norms, direct and indirect management strategies, and regulations with the funds to ensure monitoring of social and environmental impacts for all ecotourism businesses operating in the area, as well as for tourists wishing to visit them; 10. include micro, small and medium-sized ecotourism companies, as well as communitybased and NGO-based ecotourism operations in the overall promotional strategies and programmes carried out by the National Tourism Administration, both in the international and domestic markets; 11. encourage and support the creation of regional networks and cooperation for promotion and marketing of ecotourism products at the international and national levels;
5 12. provide incentives to tourism operators and other service providers (such as marketing and promotion advantages) for them to adopt ecotourism principles and make their operations more environmentally, socially and culturally responsible; 13. ensure that basic environmental and health standards are identified and met by all ecotourism development even in the most rural areas. This should include aspects such as site selection, planning, design, the treatment of solid waste, sewage, and the protection of watersheds, etc., and ensure also that ecotourism development strategies are not undertaken by governments without investment in sustainable infrastructure and the reinforcement of local/municipal capabilities to regulate and monitor such aspects; 14. institute baseline environmental impact assessment (EIA) studies and surveys that record the social environmental state of destinations, with special attention to endangered species, and invest, or support institutions that invest in research programmes on ecotourism and sustainable tourism; 15. support the further implementation of the international principles, guidelines and codes of ethics for sustainable tourism (e.g. such as those proposed by UNEP, WTO, the Convention on Biological Diversity, the UN Commission on Sustainable Development and the International Labor Organization) for the enhancement of international and national legal frameworks, policies and master plans to implement the concept of sustainable development into tourism; 16. consider as one option the reallocation of tenure and management of public lands, from extractive or intensive productive sectors to tourism combined with conservation, wherever this is likely to improve the net social, economic and environmental benefit for the community concerned; 17. promote and develop educational programmes addressed to children and young people to enhance awareness about nature conservation and sustainable use, local and indigenous cultures and their relationship with ecotourism; 18. promote collaboration between outbound tour operators and incoming operators and other service providers and NGOs at the destination to further educate tourists and influence their behaviour at destinations, especially those in developing countries; 19. incorporate sustainable transportation principles in the planning and design of access and transportation systems, and encourage tour operators and the travelling public to make soft mobility choices.
B. To the private sector 20. bear in mind that for ecotourism businesses to be sustainable, they need to be profitable for all stakeholders involved, including the projects’ owners, investors, managers and employees, as well as the communities and the conservation organizations of natural areas where it takes place; 21. conceive, develop and conduct their businesses minimizing negative effects on, and positively contributing to, the conservation of sensitive ecosystems and the environment in general, and directly benefiting and including local and indigenous communities;
6
22. ensure that the design, planning, development and operation of ecotourism facilities incorporates sustainability principles, such as sensitive site design and community sense of place, as well as conservation of water, energy and materials, and accessibility to all categories of population without discrimination; 23. adopt as appropriate a reliable certification or other systems of voluntary regulation, such as ecolabels, in order to demonstrate to their potential clients their adherence to sustainability principles and the soundness of the products and services they offer; 24. cooperate with governmental and non-governmental organizations in charge of protected natural areas and conservation of biodiversity, ensuring that ecotourism operations are practised according to the management plans and other regulations prevailing in those areas, so as to minimize any negative impacts upon them while enhancing the quality of the tourism experience and contribute financially to the conservation of natural resources; 25. make increasing use of local materials and products, as well as local logistical and human resource inputs in their operations, in order to maintain the overall authenticity of the ecotourism product and increase the proportion of financial and other benefits that remain at the destination. To achieve this, private operators should invest in the training of the local workforce; 26. ensure that the supply chain used in building up an ecotourism operation is thoroughly sustainable and consistent with the level of sustainability aimed at in the final product or service to be offered to the customer; 27. work actively with indigenous leadership and local communities to ensure that indigenous cultures and communities are depicted accurately and with respect, and that their staff and guests are well and accurately informed regarding local and indigenous sites, customs and history; 28. promote among their clients an ethical and environmentally conscious behaviour vis-Ă vis the ecotourism destinations visited, such as by environmental education or by encouraging voluntary contributions to support local community or conservation initiatives; 29. generate awareness among all management and staff of local, national and global environmental and cultural issues through ongoing environmental education, and support the contribution that they and their families can make to conservation, community economic development and poverty alleviation; 30. diversify their offer by developing a wide range of tourist activities at a given destination and by extending their operations to different destinations in order to spread the potential benefits of ecotourism and to avoid overcrowding some selected ecotourism sites, thus threatening their long-term sustainability. In this regard, private operators are urged to respect, and contribute to, established visitor impact management systems of ecotourism destinations;
7
31. create and develop funding mechanisms for the operation of business associations or cooperatives that can assist with ecotourism training, marketing, product development, research and financing; 32. ensure an equitable distribution of financial benefits from ecotourism revenues between international, outbound and incoming tour operators, local service providers and local communities through appropriate instruments and strategic alliances; 33. formulate and implement company policies for sustainability with a view to applying them in each part of their operations.
C. To non-governmental organizations, community-based associations, academic and research institutions. 34. provide technical, financial, educational, capacity building and other support to ecotourism destinations, host community organizations, small businesses and the corresponding local authorities in order to ensure that appropriate policies, development and management guidelines, and monitoring mechanisms are being applied towards sustainability; 35. monitor and conduct research on the actual impacts of ecotourism activities upon ecosystems, biodiversity, local and indigenous cultures and the socio-economic fabric of the ecotourism destinations; 36. cooperate with public and private organizations ensuring that the data and information generated through research is channeled to support decision-making processes in ecotourism development and management; 37. cooperate with research institutions to develop the most adequate and practical solutions to ecotourism development issues.
D. To inter-governmental organizations, international financial institutions and development assistance agencies 38. develop and assist in the implementation of national and local policy and planning guidelines and evaluation frameworks for ecotourism and its relationships with biodiversity conservation, socio-economic development, respect of human rights, poverty alleviation, nature conservation and other objectives of sustainable development, and to intensify the transfer of such know-how to all countries. Special attention should be paid to countries in a developing stage or least developed status, to small island developing States and to countries with mountain areas, considering that 2002 is also designated as the International Year of Mountains by the UN; 39. build capacity for regional, national and local organizations for the formulation and application of ecotourism policies and plans, based on international guidelines;
8
40. develop or adopt, as appropriate, international standards and financial mechanisms for ecotourism certification systems that take into account the needs of small and medium enterprises and facilitates their access to those procedures, and support their implementation; 41. incorporate multistakeholder dialogue processes into policies, guidelines and projects at the global, regional and national levels for the exchange of experiences between countries and sectors involved in ecotourism; 42. strengthen efforts in identifying the factors that determine the success or failure of ecotourism ventures throughout the world, in order to transfer such experiences and best practices to other nations, by means of publications, field missions, training seminars and technical assistance projects; UNEP, WTO and other international organizations should continue and expand the international dialogue after the Summit on sustainable tourism and ecotourism issues, for example by conducting periodical reviews of ecotourism development through international and regional forums; 43. adapt as necessary their financial facilities and lending conditions and procedures to suit the needs of micro-, small- and medium-sized ecotourism firms that are the core of this industry, as a condition to ensure its long term economic sustainability; 44. develop the internal human resource capacity to support sustainable tourism and ecotourism as a development sub-sector in itself and to ensure that internal expertise, research, and documentation are in place to oversee the use of ecotourism as a sustainable development tool; 45. develop financial mechanisms for training and capacity building, that takes into account the time and resources required to successfully enable local communities and indigenous peoples to participate equitably in ecotourism development.
E. To local and indigenous communities In addition to all the references to local and indigenous communities made in the preceding paragraphs of this Declaration, (in particular para. 5, 8, 9 and 10 on page 2; para. 1 on page 3; in A 2 and 17; B 21 and 27; C 35; D 45) participants addressed the following recommendations to the local and indigenous communities themselves: 46. As part of a community vision for development, that may include ecotourism, define and implement a strategy for improving collective benefits for the community through ecotourism development including human, physical, financial, and social capital development, and improved access to technical information; 47. strengthen, nurture and encourage the community’s ability to maintain and use traditional skills, particularly home-based arts and crafts, agricultural produce, traditional housing and landscaping that use local natural resources in a sustainable manner.
9
F. To the World Summit on Sustainable Development (WSSD) 48. recognize the need to apply the principles of sustainable development to tourism, and the exemplary role of ecotourism in generating economic, social and environmental benefits; 49. integrate the role of tourism, including ecotourism, in the outcomes expected at WSSD.
QuĂŠbec City, Canada, 22 May 2002
STATEMENT TO WES BY INDIGENOUS DELEGATES
S TATEMENT TO WES BY I NDIGENOUS D ELEGATES (M AY 21, 2002 6
P . M .)
At the Quebec City World Ecotourism Summit on May 20-22, 2002, a group of Indigenous community delegates came together to discuss ecotourism issues affecting Indigenous Peoples.
The following statement arises from these discussions.
REGARDING ECOTOURISM Sustainable ecotourism must recognize and respect Indigenous Peoples and their homelands and recognize the benefit and the need for the active participation and leadership by Indigenous communities’ representatives at the local, regional, national and international levels in terms of: ♦ policy-making; ♦ planning; and ♦ implementation including ownership of projects
RECOGNIZING AND RESPECTING That Indigenous Peoples possess inherent rights and responsibilities bestowed by the Creator and that the integrity of their territories and homelands, including their protected, sensitive and sacred sites, must be respected by all developments, including private and public ecotourism initiatives. That Indigenous Peoples are internationally-recognized holders of collective and human rights (such as ILO 169), including the rights of self-determination, informed consent and effective participation as well as intellectual cultural property rights. And that a group of Indigenous People have developed a Working Document of The International Forum on Indigenous Tourism (attached: Oaxaca, Mexico, March 18-20, 2002).
THEREFORE We recommend that a gathering of Indigenous Peoples be convened, in advance of the Johannesburg meeting, for the purpose of discussing Sustainable Ecotourism and Indigenous Peoples, ⇒
And further, that WTO and UNEP need to provide adequate resources to support this effort, including covering the expenses for the attendance of a minimum of five indigenous representatives from each U.N. region at the Johannesburg gathering.
PAGE 1 OF 2
STATEMENT TO WES BY INDIGENOUS DELEGATES
AND FURTHERMORE That we recommend that Indigenous Peoples, worldwide, actively pursue discussions and meaningful consultations within and between our communities to generate a World Indigenous Vision on Ecotourism. We call on International Agencies including UNEP and WTO to work in equitable partnership with Indigenous Peoples representatives in establishing and implementing policies and programs regarding ecotourism development. We also call on National Governments and Development Agencies working in countries with Indigenous Peoples to develop their national ecotourism policies with active participation and leadership by Indigenous communities’ representatives. We call on all those marketing ecotourism to work actively with Indigenous leadership to ensure that Indigenous cultures and peoples are depicted accurately and with respect. We also call on ecotourism operators to work actively with Indigenous leadership to ensure that their staff and guests are well and accurately informed regarding local Indigenous sites, customs and history.
This statement does not constitute endorsement or acceptance of the Quebec City Declaration on Ecotourism; nor does this statement equate participation or consultation, meaningful or otherwise.
PAGE 2 OF 2
Oslo Statement on Ecotourism
•
•
•
The International Ecotourism Society 1333 H Street, Suite 300 E Washington, DC 20010 www.ecotourism.org
1
August 2007 | Oslo Statement on Ecotourism
15 August 2007
Dear Friends and Colleagues, On behalf of the staff and Board of The International Ecotourism Society (TIES), I am pleased to present the Oslo Statement on Ecotourism. Reflecting the outcomes of the Global Ecotourism Conference 2007 (GEC07), which was held in Oslo, Norway, 14-16 May, this Statement is a tool for ecotourism stakeholders both in the public and private sectors to assess the current state of the global ecotourism community, to evaluate the challenges facing ecotourism today, and to establish goals and benchmarks for the coming years. GEC07 marked an important step forward in the global ecotourism community’s efforts to strengthen its voice, and to put sustainability on the agenda of all sectors of the tourism industry. This Statement serves both as a summary of the discussions that took place during GEC07 and a practical tool for those seeking to improve their sustainability practices and those interested in learning more about ecotourism and its challenges. I encourage you to use the recommendations put forth in this Statement to enhance your operations and to raise awareness of key issues in ecotourism. Please forward the Statement widely to your friends and colleagues, local government representatives and ecotourism businesses, to spread the word about ecotourism’s roles in safeguarding our natural and cultural heritage and influencing the travel industry to become more sustainable. The Oslo Statement on Ecotourism comprises of the following sections: •
•
•
Background – The United Nations declared the International Year of Ecotourism (IYE) in 2002, and the Quebec Declaration on Ecotourism was issued as a concrete outcome of IYE. GEC07 marked 5 years since IYE. Ecotourism: Current Status and Challenges – The global ecotourism community has experienced significant growth since 2002, and is continuously evolving. In light of the various changes in the tourism industry in recent years, ecotourism today faces many new opportunities and challenges. Recommendations from GEC07 – Based on the results of the workshops and meetings during the conference, TIES has developed sets of recommendations around four key areas (local sustainable development, conservation, education and communication, and critical issues in ecotourism).
As the world’s oldest and largest ecotourism organization, TIES is committed to promoting the principles of ecotourism and responsible practices in travel and tourism. With the goal of uniting conservation, communities and sustainable travel, TIES serves its members in over 90 countries, and strives to act as the global source of knowledge and advocacy in ecotourism. Thank you for taking the time to read the Oslo Statement on Ecotourism, and I hope that you will help transform the recommendations of the Statement into real action that will lead to positive changes.
__________________ David Sollitt Executive Director, The International Ecotourism Society (TIES)
The International Ecotourism Society - www.ecotourism.org
Oslo Statement on Ecotourism | August 2007
Background In 2002, the United Nations declared the International Year of Ecotourism, whose peak event was the World Ecotourism Summit, held in Quebec, Canada in May of that year. The Global Ecotourism Conference 2007 (GEC07), held in Oslo, Norway, from 14-16 May, marked the fifth anniversary of the Quebec Summit. Its objectives were to assess the achievements and challenges in the field of ecotourism since 2002, to bring together national and regional ecotourism associations and ecotourism professionals and practitioners from around the world, and to build commitment to policies and actions to strengthen the unique contribution of ecotourism to conservation and sustainable development. Organized by The International Ecotourism Society (TIES), Ecotourism Norway, and the United Nations Environment Programme (UNEP), the conference was attended by some 450 delegates from over 70 countries. To summarize the results of GEC07 and to put forward recommendations, TIES has developed this Statement with the aim of outlining the core content presented at the GEC07 and to further articulate the global ecotourism community’s commitment to improving sustainable practices. In 2002, the Quebec Declaration on Ecotourism spelt out the potential and challenges of ecotourism in contributing to sustainable development, and made recommendations to governments, the private sector, NGOs, international agencies and local and Indigenous communities. These recommendations remain valid today and this Statement reaffirms the Quebec Declaration.
Ecotourism: Current Status and Challenges Since 2002: • Many of the world’s natural areas remain under threat; there has been a further loss of biodiversity and resources for conservation remain inadequate. • World tourism arrivals have grown by 23% and are forecast to double by 2020. • Climate change has increasingly become a major threat affecting the very resources on which ecotourism depends – natural areas and local and Indigenous communities around the world. This has helped raise awareness of the contribution of current and future tourism operations and services to global climate change. • The role of tourism in supporting sustainable development and the achievement of the Millennium Development Goals, notably the alleviation of poverty, has become recognized as a critical industry responsibility. • Ecotourism has articulated the core principles of sustainability in the travel and tourism industry and therefore plays a leading role within the industry as a whole. • TIES has made connections with members in over 90 countries and affiliations with over 40 national and regional ecotourism associations, and continues to act as a global source of knowledge and advocacy uniting conservation, communities and sustainable travel. In light of these pressures and opportunities, the World Tourism Organization, UNEP and other international agencies have been pursuing policies to make all tourism more sustainable. TIES fully endorses this approach, and believes that ecotourism must continue to be a leader and innovator in
The International Ecotourism Society - www.ecotourism.org
2
3
August 2007 | Oslo Statement on Ecotourism
this quest, setting an example for the whole industry. To do so is inherent in the definition of ecotourism, as a form of tourism that entails responsible travel to natural areas and which conserves the environment and sustains the well-being of local people.i Ecotourism has achieved a great deal in the last five years, yet many challenges remain: • Interest in visiting natural areas, experiencing authentic local living, and observing wildlife has continued to grow, bringing opportunities but also pressures, and the increasing need for best practice management. • The term ecotourism is more widely recognized and used, but it is also abused, as it is not sufficiently anchored to the definition. The ecotourism community, therefore, continues to face significant challenges in awareness building and education and actively working against greenwashing within the tourism industry. • More governments have developed ecotourism strategies, but not all have been well integrated into mainstream tourism and environmental policies, or supported by action. • Increasing numbers of projects around the world have striven to establish ecotourism enterprises as a means of enhancing sustainable livelihoods and contributing to conservation, yet many remain economically fragile and lack adequate access to markets. • Stronger leadership and strategies are needed in order to substantially decrease ecotourism's carbon footprint generated from multiple sources including facility operations and transportrelated greenhouse gas emissions. The importance of carbon management strategies needs to be integrated into operational guidelines for ecotourism, including TIES Code of Conduct.ii • Many countries now have national and regional ecotourism associations. Their role in providing links between governments, NGOs, businesses and citizens and strengthening ecotourism globally must be recognized, and more support needs to be provided for their work. • The ecotourism community is expected to be more inclusive of innovative and socially equitable approaches. This innovative approach must include the active mobilization of Indigenous communities, women, and local professionals and designers as recognized and equal business and sustainable development leaders. • As a leading international organization serving as a global network of industry practitioners, institutions and individuals, TIES must continue to acquire and disseminate practical and innovative tools.
Recommendations from GEC07 In recognition of these global and sector-specific challenges and reflecting the four themesiii of GEC07, international agencies, governments, and all those engaged in the planning and delivery of ecotourism are called upon to: 1. Recognize the valuable role that ecotourism plays in local sustainable development Ecotourism, often occurring in regional, rural and remote areas where alternative sources of livelihood are scarce and levels of poverty are frequently high, can provide a much needed addition to local income from an activity that values and supports conservation in both developed and emerging economies. Attention must be paid to sound business practices and market access if it is to be economically sustainable. Local and Indigenous communities should not only be involved in the planning and benefits of ecotourism products, but must also be recognized and supported as equal stakeholders and business leaders in the continued development of sustainable enterprises.
The International Ecotourism Society - www.ecotourism.org
Oslo Statement on Ecotourism | August 2007
Actions should include: • To develop strategies to engage and empower local and Indigenous communities in planning, decision making and enterprise ownership for the sustainable management of tourism through stronger cross-sectoral partnerships. • To ensure that more benefits are made available to poor people, through employment policies, the local supply chain, assistance with enterprise formation, and support for local services and infrastructure. • To stimulate sustainable farming and livestock practices that support mutual economic advantage by encouraging creative links between ecotourism and other forms of innovative land use, such as sustainable agriculture and agroforestry. • To encourage innovative product development and fair trade through strengthening links with the arts, handicrafts, and local and Indigenous heritage, and integrate the principles of fair tradeiv into the working definition of ecotourism and operational guidelines. • To promote sustainable partnerships between private and public sectors to address the role of tourism as a development tool, and the need for international organizations, governments and development agencies to support natural and cultural heritage sites so that they can meet the challenge from an increasing growth in tourism worldwide. 2. Maximize the potential of well managed ecotourism as a key economic force for the conservation of tangible and intangible natural and cultural heritage Ecotourism depends on fine landscapes, abundant wildlife and richly diverse culture. Therefore, ecotourism development and the revenues it can bring should be seen as a strong ally and tool for the respect and conservation of natural and cultural heritage. Indeed, the definition of ecotourism requires that positive conservation benefits should result from it, and that all ecotourism activity should be well designed and managed to minimize any adverse impacts on the environment and local and Indigenous communities while maximizing all potential benefits. Actions should include: • To strengthen the knowledge, skills and resources of protected area authorities in developing and managing ecotourism, in order to help deliver benefits to local and Indigenous communities, raise visitors' awareness of conservation issues, and encourage sustainable financial contribution to conservation. • To strengthen research and monitoring programs for coastal areas and oceans, recognizing their special needs owing to their sensitive habitats, scarce resources, popularity for tourism, and the changing pressures on their communities. • To promote innovative approaches and mechanisms of using ecotourism to finance conservation initiatives and research projects monitoring the impacts on wildlife, and to support socially, culturally and environmentally sustainable development of destinations. • To engage local communities and utilize local design forms and materials to build ecotourism facilities in total harmony with their surroundings both aesthetically and culturally, leaving minimal footprints, and combining the forces of creativity and new environmental technology with sustainable economic development strategies. • To increase efforts to implement the Convention on Biological Diversity (CBD) Guidelines on Biodiversity and Tourism Developmentv globally, by addressing sensitively the direct interaction between visitors, local inhabitants and wildlife, and by seeking a net gain to conservation.
The International Ecotourism Society - www.ecotourism.org
4
5
August 2007 | Oslo Statement on Ecotourism
3. Support the viability and performance of ecotourism enterprises and activities through effective marketing, education and training The business of ecotourism can be as fragile and sensitive as the environments in which it occurs. Owing to its nature, many ecotourism products are provided by micro or small enterprises, and many of the people involved in ecotourism businesses are not necessarily experienced in finance or knowledgeable about markets and handling visitors. People in the sector should be encouraged and supported to work together in capacity building. Actions should include: • To increase access to practical and high quality training and education in ecotourism, whether delivered locally or remotely, to provide individuals and businesses with fair opportunities to enhance key business skills and sustainable business management performance. • To make up-to-date information and research available about ecotourism markets, and strengthen access to them through the most effective channels, including websites, online forums and groups, mailing lists, web media, and in more remote areas, radio broadcasting. • To establish sound environmental and cultural interpretation as a key component of high quality, authentic ecotourism by increasing innovation and funding for education centers and training programs, whose effectiveness should be assessed based on visitor numbers and desired experience. • To cooperate with the media and utilize its role as an effective educational tool for promoting accurate and informative reporting of ecotourism, avoiding green-washing, raising the profile of the sector, and encouraging adherence to the principles of ecotourism. • To strengthen local, national and regional ecotourism associations, and their links to TIES, in order to create an even stronger network that will serve as the nucleus of the global ecotourism community.
4. Address some of the critical issues facing ecotourism in strengthening its sustainability The definition of ecotourism makes a high claim for its positive impact on society and the environment. It is important that these principles are properly implemented and continue to show the way for others. Various issues need to be addressed, reflecting current trends and external circumstances, including new opportunities to strengthen the benefits of ecotourism and new challenges to meet. Actions should include: • To promote adherence to recognized, linked and audited certification schemes and industry guidelines that help enhance environmental management, assist in minimal impact operations, protect cultural sites and intangible culture, and provide for land management strategies. • To harness new trends towards corporate social and environmental responsibility by making business measurable according to approved standards that support and empower local and Indigenous communities, increase conservation efforts, and minimize ecological footprints. • To actively address and combat tourism’s impact on climate change by encouraging adapted travel patterns (e.g. increase length of stay per trip), promoting more energy-efficient, alternative or non-motorized transport options, utilizing reduced and zero-emission operation technologies, and increasing participation in reliable high-quality carbon offsetting schemes.
The International Ecotourism Society - www.ecotourism.org
Oslo Statement on Ecotourism | August 2007
• To promote adherence to sustainability principles in other parts of the tourism industry by enhancing ecotourism’s role in changing the attitudes and practices of the mainstream tourism sector, and encouraging synergetic efforts to positively influence tourism stakeholders. • To encourage the ecotourism industry to operate with integrity to protect and promote tangible and intangible cultural heritage and living cultures, and to preserve and celebrate the multitude of unique cultural, social, religious and spiritual elements of local and Indigenous communities around the world. Through disseminating information and providing resources on ecotourism principles and practices, and highlighting current trends in ecotourism and sustainable travel, TIES will continue to educate and positively influence tourists, tourism professionals and the industry at large. TIES is committed to promoting and assisting new and existing national and regional ecotourism associations and to furthering the development of worldwide ecotourism networks that will channel resources to where most needed. As part of our efforts to strengthen the global ecotourism community, TIES will release a public statement that outlines our new commitment to incorporating the key issues addressed at GEC07 into our organizational structure and strategies, and develop an Ecotourism Handbook based on the Oslo Statement on Ecotourism.
i
TIES’ definition of ecotourism (Adopted in 1990; www.ecotourism.org)
ii
TIES members are required to sign the following Code of Conduct – “We agree that ecotourism is responsible travel to natural areas that conserves the environment and improves the well-being of local people, and further agree that we will undertake to adhere to the principles of ecotourism as outlined below: - Minimize impact - Build an environmental and cultural awareness and respect - Provide positive experiences for both visitors and hosts - Provide direct benefits for conservation - Provide financial benefits and empowerment for local people - Raise sensitivity to host countries' political, environmental, and social climate” TIES is in the process of renewing this Code of Conduct to include principles outlining commitment to reducing carbon footprint. iii
The workshops at GEC07 were organized under the following four main themes: Theme I: Ecotourism and Local Sustainable Development Theme II: Ecotourism and Nature Conservation Theme III: Communication, Education and Global Branding for Ecotourism Theme IV: Critical Issues and Current Trends in Ecotourism.
iv
According to IFAT, the International Fair Trade Association (www.ifat.org), Fair Trade is “a trading partnership, based on dialogue, transparency and respect, that seeks greater equity in international trade,” and its core principles include: fair economic opportunities, transparency and accountability, capacity building, gender equity, a safe and healthy working environment, labor rights, and responsible use of natural resources. v
International guidelines for activities related to sustainable tourism development in vulnerable terrestrial, marine and coastal ecosystems and habitats of major importance for biological diversity and protected areas, including fragile riparian and mountain ecosystems (Adopted in 2004; www.cbd.int/programmes/socio-eco/tourism/guidelines.asp).
The International Ecotourism Society - www.ecotourism.org
6
7
August 2007 | Oslo Statement on Ecotourism
The International Ecotourism Society - www.ecotourism.org
PRESS RELEASE NEW YORK, 13 SEPTEMBER 2007 MESSAGE OF VICTORIA TAULI-CORPUZ, CHAIRPERSON OF THE UN PERMANENT FORUM ON INDIGENOUS ISSUES, ON THE OCCASION OF THE ADOPTION BY THE GENERAL ASSEMBLY OF THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES Through the adoption of the Declaration on the Rights of Indigenous Peoples, the United Nations marks a major victory in its long history towards developing and establishing international human rights standards. It marks a major victory for Indigenous Peoples who actively took part in crafting this Declaration. The 13th of September 2007 will be remembered as an international human rights day for the Indigenous Peoples of the world, a day that the United Nations and its Member States, together with Indigenous Peoples, reconciled with past painful histories and decided to march into the future on the path of human rights. I hail representatives of Indigenous Peoples who patiently exerted extraordinary efforts for more than two decades to draft and negotiate the Declaration. This Declaration has the distinction of being the only Declaration in the UN which was drafted with the rights-holders, themselves, the Indigenous Peoples. I hail the independent experts and representatives of States and NGOs who contributed actively to this process. This magnificent endeavour which brought you to sit together with us, Indigenous Peoples, to listen to our cries and struggles and to hammer out words which will respond to these is unprecedented. The long time devoted to the drafting of the Declaration by the United Nations stemmed from the conviction that Indigenous Peoples have rights as distinct peoples and that a constructive dialogue among all would eventually lead to a better understanding of diverse worldviews and cultures, a realignment of positions and, finally, to the building of partnerships between states and Indigenous Peoples for a more just and sustainable world. For the UN Permanent Forum on Indigenous Issues, the Declaration will become the major foundation and reference in implementing its mandate to advise members of the Economic and Social Council and the UN agencies, programmes and funds on indigenous peoples’ human rights and development. It is a key instrument and tool for raising awareness on and monitoring progress of indigenous peoples’ situations and the protection, respect and fulfillment of indigenous peoples’ rights. It will further enflesh and operationalize the human rights-based approach to development as it applies to Indigenous Peoples. It will be the main framework to
guide States, UN bodies, Indigenous Peoples and civil society in making the theme of the Second Decade of the World’s Indigenous Peoples “Partnership for Action and Dignity” a reality. The United Nations Permanent Forum on Indigenous Issues is explicitly asked in Article 42 of the Declaration to promote respect for and full application of the provisions of the Declaration and follow-up the effectiveness of this Declaration. On behalf of the Permanent Forum on Indigenous Issues, I commit the Forum’s devotion to this duty. This is a Declaration which sets the minimum international standards for the protection and promotion of the rights of Indigenous Peoples. Therefore, existing and future laws, policies, and programs on indigenous peoples will have to be redesigned and shaped to be consistent with this standard. Effective implementation of the Declaration will be the test of commitment of States and the whole international community to protect, respect and fulfill indigenous peoples collective and individual human rights. I call on governments, the UN system, Indigenous Peoples and civil society at large to rise to the historic task before us and make the UN Declaration on the Rights of Indigenous Peoples a living document for the common future of humanity. For further information: Mobile Phone: 1-347-761-4315 (US) and 63-9175317811 (roaming) Email: vicky@tebtebba.org, vtcorpuz2006@yahoo.com Website: www.un.org/esa/socdev/unpfii www.tebtebba.org
A/61/L.67
United Nations
General Assembly
Distr.: Limited 7 September 2007 Original: English
Sixty-first session Agenda item 68 Report of the Human Rights Council Belgium, Bolivia, Costa Rica, Cuba, Denmark, Dominican Republic, Ecuador, Estonia, Finland, Germany, Greece, Guatemala, Hungary, Latvia, Nicaragua, Peru, Portugal, Slovenia and Spain: draft resolution
United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Taking note of the recommendation of the Human Rights Council contained in its resolution 1/2 of 29 June 2006, by which the Council adopted the text of the United Nations Declaration on the Rights of Indigenous Peoples, Recalling its resolution 61/178 of 20 December 2006, by which it decided to defer consideration of and action on the Declaration to allow time for further consultations thereon, and also decided to conclude its consideration before the end of the sixty-first session of the General Assembly, Adopts the United Nations Declaration on the Rights of Indigenous Peoples as contained in the annex to the present resolution.
07-49830 (E) 100907
*0749830*
A/61/L.67
Annex United Nations Declaration on the Rights of Indigenous Peoples The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world,
2
07-49830
A/61/L.67
Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights 1 and the International Covenant on Civil and Political Rights as well as the Vienna Declaration and Programme of Action, 2 affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned, Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples, Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field, Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples, Recognizing also that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration,
__________________ 1 2
07-49830
See resolution 2200 A (XXI), annex. A/CONF.157/24 (Part I), chap. III.
3
A/61/L.67
Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect: Article 1 Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights 3 and international human rights law. Article 2 Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity. Article 3 Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. Article 4 Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions. Article 5 Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State. Article 6 Every indigenous individual has the right to a nationality. Article 7 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.
__________________ 3
4
Resolution 217 A (III).
07-49830
A/61/L.67
Article 8 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2.
States shall provide effective mechanisms for prevention of, and redress
for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d)
Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them. Article 9 Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right. Article 10 Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return. Article 11 1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature. 2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs. Article 12 1. Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
07-49830
5
A/61/L.67
2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned. Article 13 1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons. 2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means. Article 14 1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. 2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination. 3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language. Article 15 1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information. 2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society. Article 16 1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination. 2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.
6
07-49830
A/61/L.67
Article 17 1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law. 2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment. 3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary. Article 18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions. Article 19 States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them. Article 20 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities. 2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress. Article 21 1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
07-49830
7
A/61/L.67
Article 22 1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration. 2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination. Article 23 Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions. Article 24 1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services. 2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right. Article 25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard. Article 26 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
8
07-49830
A/61/L.67
Article 27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process. Article 28 1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is 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. 2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress. Article 29 1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. 2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. 3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented. Article 30 1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a significant threat to relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. 2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities. Article 31 1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of
07-49830
9
A/61/L.67
the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. 2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights. Article 32 1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order 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. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact. Article 33 1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live. 2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures. Article 34 Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards. Article 35 Indigenous peoples have the right to determine the responsibilities of individuals to their communities. Article 36 1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders. 2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.
10
07-49830
A/61/L.67
Article 37 1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements. 2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements. Article 38 States in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration. Article 39 Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration. Article 40 Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights. Article 41 The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established. Article 42 The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration. Article 43 The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.
07-49830
11
A/61/L.67
Article 44 All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals. Article 45 Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future. Article 46 1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States. 2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law, and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society. 3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.
12
07-49830
STATEMENT BY THE CHAIRMAN, GLOBAL INDIGENOUS CAUCUS By Les Malezer 13 September 2007
[... INTRODUCTION AND GREETINGS ...]
The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations marks a momentous and historic occasion for both Indigenous Peoples and the United Nations. One quarter of a century ago the United Nations agreed that the situation of indigenous peoples around the world was so desperate and consistently exploited, that it warranted international attention. Within a few years of brief examination and assessment, the United Nations decided that a human rights standard on the rights of indigenous peoples was required. Simultaneously, the indigenous peoples of the world were uniting, because of our increasing capacity to communicate to each other, but also out of necessity to achieve an international voice. Together we found out that Indigenous Peoples around the world shared a common situation of loss of control of our lands, territories and resources and a history of colonisation. The Declaration, as a deposition, represents a meeting of authorities, i.e. the United Nations and the indigenous peoples. Today's adoption of the Declaration occurs because the United Nations and the Indigenous Peoples have found the common will to achieve this outcome. The Declaration does not represent solely the viewpoint of the United Nations, nor does it represent solely the viewpoint of the Indigenous Peoples. It is a Declaration which combines our views and interests and which sets the framework for the future. It is a tool for peace and justice, based upon mutual recognition and mutual respect. We emphasise once again that the Declaration on the Rights of
Indigenous Peoples contains no new provisions of human rights. It affirms many rights already contained in international human rights treaties, but rights which have been denied to the Indigenous Peoples. As Indigenous Peoples we now see a guarantee that our rights to self determination, to our lands and territories, to our cultural identities, to our own representation and to our values and beliefs will be respected at the international level. The Declaration is a framework for States to link and integrate with the Indigenous Peoples, to initiate new and positive relations but this time without exclusion, without discrimination and without exploitation. These rights in the Declaration are already recognised in international law, but they are rights which have been denied to Indigenous Peoples everywhere. They are rights which are seen by Indigenous Peoples as essential to our successful survival, dignity and well-being, and to maintain our strong cultural and spiritual relationship with mother earth and nature. It has, after all, been our determination to defend our identity and our lands, territories and resources which has helped to protect and preserve the biological diversity of the world, the cultural diversity of the world, and the environmental stability of the world. These are the very issues that governments are now so desperately trying to address, as matters requiring of emergency, recovery actions. The Declaration carries a message for all States that have links and association with Indigenous Peoples. That message is not about secession, as some States may fear, but about co-operation and partnership to ensure that all individuals, regardless of race or beliefs, are truly equal and that all peoples are respected and allowed to develop. Indigenous Peoples' right to self-determination is about our right to freely determine our political status and freely pursue our economic, social and cultural development. It also includes our right to freely manage our natural wealth and resources for mutual benefit, and our right to maintain and protect our own means of subsistence. 'Free, prior and informed consent' is what we demand as part of
self-determination and non-discrimination from governments, multinationals and private sector. We realise that a number of States have insisted that the Declaration affirm 'territorial integrity' (which by the way is not a human right) as defined in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States and in the Vienna Declaration. We confirm that 'territorial integrity' in fact obligates every State to promote realization of the principle of equal rights and self-determination of peoples, and to bring a speedy end to colonialism, with due regard to the freely expressed will of the peoples concerned. 'Territorial integrity' also requires that a State represent the whole people without distinction, and reaffirms that subjection of peoples to alien subjugation, domination and exploitation constitutes a violation of the principle, as well as a denial of fundamental human rights, and is contrary to the Charter. The Declaration ensures treaties signed between Indigenous Peoples and States are respected and honoured. This provision in the Declaration is extremely important for Indigenous Peoples who have always placed much importance upon the integrity and truthfulness of historical treaties, for these treaties may contain special rights and economic and political agreements with States. However it is important that we keep focus on the integrity of the Declaration, noting how each article is meant to be interpreted in conjunction with the entire Declaration, its principles and its purposes. We are also assured by Article 46(3) that states: "The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith." Now that the Declaration has been adopted by the General Assembly, Indigenous Peoples can reasonably expect that the States will, if they do not already have such a relationship, form a collaborative and cooperative relationship with the representatives of the indigenous peoples to ensure that the rights contained in the Declaration are protected and promoted. In 2004 the General Assembly resolution 59/174 called upon Governments to ensure that activities and objectives for the Second Decade [of indigenous peoples] are planned and implemented on the basis of full consultation and
collaboration with indigenous people. The programme of action, approved by consensus by the General Assembly in December 2005, urged governments to launch a review of national legislations to eliminate possible discriminatory provisions with the full and effective participation of indigenous experts. The Programme of Action recommends that national constitutions should recognize the existence of indigenous peoples and make explicit reference to them, where relevant, and that governments should consider integrating traditional systems of justice into national legislations in conformity with international human rights law and international standards of justice. This is the challenge for the future. With a Declaration now in place, affirming the rights of Indigenous Peoples, it will be important that States respond positively. The Declaration gives us the platform for addressing the continuing abuses of human rights against Indigenous Peoples and for shaping a future where it can be realised that all peoples are truly equal.
Statement attributable to the Spokesperson for the Secretary-General on the adoption of the Declaration on the Rights of Indigenous Peoples
The Secretary-General warmly welcomes the adoption of the Declaration on the Rights of Indigenous Peoples as a triumph for indigenous peoples around the world. He notes that this marks a historic moment when UN Member States and indigenous peoples reconciled with their painful histories and resolved to move forward together on the path of human rights, justice and development for all. The Secretary-General calls on Governments and civil society to urgently advance the work of integrating the rights of indigenous peoples into international human rights and development agendas, as well as policies and programmes at all levels, so as to ensure that the vision behind Declaration becomes a reality. New York, 13 September 2007
61st Session of the UN General Assembly 13 September 2007 New York
STATEMENT OF VICTORIA TAULI-CORPUZ , CHAIR OF THE UN PERMANENT FORUM ON INDIGENOUS ISSUES ON THE OCCASION OF THE ADOPTION OF THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES. Madame President of the General Assembly, H.E. Ambassador Haya Rashed Al Khalifa, Excellencies, Indigenous Chiefs, Elders, Sisters and Brothers, Ladies and Gentlemen, I open my statement by acknowledging the First Peoples of this territory of which some of the Chiefs are here with us today. Gawis ay agew ken datako am-in. Palalo ng gasing ko ay mang-ila ken dakayo. I am Victoria Tauli-Corpuz, a Kankana-ey Igorot from the Cordillera Region in the Philippines. I speak as the Chair of the Permanent Forum on Indigenous Issues. Three of my co-members Aqaluuk Lynge, Willy Littlechild and Merike Kokajev are also here with us. I also speak as an indigenous person who has been actively engaged in the work around this Declaration. It is a great honor and privilege to address you all in this historic day. Through the adoption of the Declaration on the Rights of Indigenous Peoples, the United Nations marks a historical milestone in its long history of developing and establishing international human rights standards. It marks a major victory for Indigenous Peoples who actively took part in crafting this Declaration. This day will be forever be etched in our history and memories as a significant gain in our long struggle for our rights as distinct peoples and cultures. The 13th of September 2007 will be remembered as a day when the United Nations and its Member States, together with Indigenous Peoples, reconciled with past painful histories and decided to march into the future on the path of human rights. I thank very warmly all the States who voted for the adoption of the Declaration today. All of you will be remembered by us. Madame President, Let me express my warmest gratitude to you for your leadership and for keeping your word that you will do all you can to make sure this Declaration will be adopted before the end of your Presidency. Among many of your achievements, the adoption of the Declaration is the one which we, indigenous peoples and we as members of the Forum, will remember as your most important legacy.
I hail representatives of Indigenous Peoples who patiently exerted extraordinary efforts for more than two decades to draft and negotiate the Declaration. Indigenous Peoples attempts to get the ears of the international community started much earlier with the trip of Cayuga Chief Deskaheh to the League of Nations in 1923 and of Maori leader W. T. Ratana in 1925. We can now say that this historical trip, even if he was turned away, has not been in vain. This Declaration has the distinction of being the only Declaration in the UN which was drafted with the rights-holders, themselves, the Indigenous Peoples. We see this is as a strong Declaration which embodies the most important rights we and our ancestors have long fought for; our right of self-determination, our right to own and control our lands, territories and resources, our right to free, prior and informed consent, among others. Each and every article of this Declaration is a response to the cries and complaints brought by indigenous peoples before the UN- Working Group on Indigenous Populations (WGIP). This is a Declaration which makes the opening phrase of the UN Charter, “We the Peoples…” meaningful for the more than 370 million indigenous persons all over the world. Madame President, While we respect the interpretative statements presented by States, today, we believe that the significance and legal implications of this Declaration should not be minimized in any way because this will amount to discrimination against indigenous peoples For us, the correct way to interpret the Declaration is to read it in its entirety or in a wholistic manner and to relate it with existing international law. Article 46 paragraph 1, for instance cannot be interpreted in a way which discriminates indigenous peoples. The first preambular paragraph, a new addition, which says “Guided by the purposes and principles of the Charter of the United Nations…” immediately establishes that indigenous peoples’ rights in the Declaration are within the context of international law. Preambular Paragraph 16 confirms that the right of self-determination of “all peoples” is the right referred to in the Charter of the UN, the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights and Vienna Declaration and Programme of Action. The right of self-determination of Indigenous Peoples contained in Article 3 of the Declaration is the same right contained in international law. The reference to the Vienna Declaration and Programme of Action also affirms that the principle of territorial integrity found in Article 46 of the UN Declaration on the Rights of Indigenous Peoples only applies to the right of self-determination and not other rights. Furthermore, the Vienna Declaration and the 1970 Declaration on Principles of International Law concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations say that for States to invoke territorial integrity, they must be “conducting themselves in compliance with the principle of equal rights and self-determination of peoples”. I salute the independent experts, especially Madame Erica-Irene Daes who, as the Chair of the UN-Working Group, worked closely with indigenous representatives to craft the original version of this Declaration. I hail the representatives of States and NGO who actively contributed to reach where we are today. This magnificent endeavour which brought you to
sit together with us, Indigenous Peoples, to listen to our cries and struggles and to hammer out words which will respond to these is unprecedented. The long time devoted to the drafting of the Declaration by the United Nations stemmed from the conviction that Indigenous Peoples have rights as distinct peoples and that a constructive dialogue among all would eventually lead to a better understanding of diverse worldviews and cultures, a realignment of positions and, finally, to the building of partnerships between states and Indigenous Peoples for a more just and sustainable world. The Declaration and the Permanent Forum For the UN Permanent Forum on Indigenous Issues, the Declaration will become the major foundation and framework in implementing its mandate to advise members of the Economic and Social Council and the UN agencies, programmes and funds on indigenous peoples human rights and development. It is a key instrument and tool for raising awareness on and monitoring progress of indigenous peoples’ situations and the protection, respect and fulfillment of indigenous peoples’ rights. It will further enflesh and facilitate the operationalization of the human rights-based approach to development as it applies to Indigenous Peoples. It will be the guide for States, the UN System, Indigenous Peoples and civil society in making the theme of the Second Decade of the World’s Indigenous Peoples “Partnership for Action and Dignity” a reality. The United Nations Permanent Forum on Indigenous Issues is explicitly asked in Article 42 of the Declaration to promote respect for and full application of the provisions of the Declaration and follow-up the effectiveness of this Declaration. On behalf of the Permanent Forum on Indigenous Issues, I commit the Forum’s devotion to this duty. This is a Declaration which sets the minimum international standards for the protection and promotion of the rights of Indigenous Peoples. Therefore, existing and future laws, policies, and programs on indigenous peoples will have to be redesigned and shaped to be consistent with this standard. Madame President, Before I end my statement let me briefly thank the others whom I have not mentioned yet. I thank H.E. Ambassador Luis de Alba who chaired the Human Rights Council which adopted the Declaration in 2006. I thank Luis Enrique Chavez, the Chair of the Working Group on the Draft Declaration who did his best to balance the interests of Indigenous Peoples and States in Working Group and in the text he submitted to the Human Rights Council. Let me also thank H.E. Ambassador Hilario Davide whom you appointed as a facilitator. He has contributed to this end result. And I thank the delegates of Mexico, Peru and Guatemala and the African Group of States who managed to come together and make the final version of this Declaration. I also thank all my co-members of the Permanent Forum who gave their full support for the adoption of the Declaration and reiterated in our recommendation No. 68 in our 5th
Session in 2006 and No. 73 in the 6th Session that this Declaration will be an “instrument of great value to advance the rights and aspirations of indigenous peoples”. We all feel proud that this Declaration has been adopted within the period that we sit as members of the Permanent Forum. I thank the Secretariat who were always there to support us. The UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples, Rodolfo Stavenhagen, has to be thanked also for his contributions to raising the issues of indigenous peoples before the United Nations. I thank the NGOs especially IWGIA, NCIV, DOCIP, Quakers, Amnesty International, IFG, Rights and Democracy and many others, who helped us in various ways. I also express my gratitude to Les Malezer, the chair of the Global Indigenous Peoples’ Caucus who successfully brought the indigenous peoples’ regional caucuses to agree on the most important decisions which had to be made. Finally, let me reiterate my thanks again to all indigenous leaders, activists and experts and the NGO experts who all contributed to this historic achievement. Some of them are with us today also. Some indigenous elders and NGO experts have already passed away and I would like to specifically mention, Tony Blackfeather, Ed Burnstick, among other elders, and Andrew Gray, Howard Berman and Bob Epstein, the NGO experts who accompanied us in this work. Let us pay tribute to them and thank them in our hearts. While I express my thanks to all the actors involved in the various stages of the process, I also call on everybody to take on the responsibility to ensure the effective implementation of this Declaration. The challenge to ensure the respect, protection and fulfillment of Indigenous Peoples Rights has just begun. We foresee that there will be great difficulties in implementing this Declaration because of lack of political will on the part of the governments, lack of resources and because of the vested interests of rich and powerful. However, we will be counting on the continuing good faith shown by States today who voted for the adoption of the Declaration. We will be counting on the United Nations System to help implement the Declaration. Effective implementation of the Declaration will be the test of commitment of States and the whole international community to protect, respect and fulfill indigenous peoples collective and individual human rights. I call on governments, the UN system, Indigenous Peoples and civil society at large to rise to the historic task before us and make the UN Declaration on the Rights of Indigenous Peoples a living document for the common future of humanity. Thank you Madame President.
R.R. #7, 223177 Grey Road 17B Owen Sound, Ontario, Canada N4K 6V5 phone: 519-370-2332 fax: 1-866-409-8633 (toll free) e-mail: info@macfar.ca web: www.macfar.ca
A member of