45th Agenda 

45th Session Issues

Indigenous People

by
Marisol Ruiz, Nathalie Mariano & Kimberly Jones

Introduction

According to the American Heritage Dictionary, the definition of indigenous is: "occurring or living naturally in an area; not introduced; native."

In all parts of the world indigenous cultures are threatened by the persistent spread of western culture with its emphasis on individualism, competitiveness, consumerism and technological advancement. Accompanying this "progress" has been the forced assimilation of indigenous people so that they would have a chance at survival. Accompanying this forced assimilation is the massive loss of native culture creating endangered human species.

Background

The first time indigenous people brought their concerns to the United Nations was 1977 during the Geneva Conference. Grass roots organizing has helped to further bring the struggle of the indigenous people to the attention of the United Nations. One example of this is in Ecuador where the Indigenous Confederation of Ecuador (CONAIE) has become a major political force. One of the pinnacle achievements of the indigenous peoples around the world thus far is the United Nations "International Year of the World's Indigenous People" in 1993.

Many international laws are applicable to the struggle of the indigenous people. A good starting place would be the United Nations Charter, Article 1, Section 2 which sets forth one of purposes of the United Nations as the development of "friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples . . ." The right to self-determination has been one of the chief focuses of the indigenous movement.

The Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention), which came into force shortly after the founding of the United Nations, has had limited use in international law. A strong argument can be made by many indigenous nations that they have been the focus of government actions designed to bring about their end as a group. This action is clearly an act of attempted genocide as written in Article 2 of the Genocide Convention. The Universal Declaration of Human Rights (which could be considered an elaboration of UN Charter Articles 55 and 56) contains many provisions for indigenous rights including but not limited to:

Article 17 - (1) "Everyone has the right to own property alone as well as in association with others (2) No one shall be arbitrarily deprived of his property

Article 18 - Provides for the manifestation of "religion or belief in teaching, practice, worship, and observance.

Article 27 - "Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts . . ."

One final law to consider in this limited overview of native peoples rights is the International Covenant on Civil and Political Rights which also iterates the rights of native populations in Article 27 which states: "In those states in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right , in community with the other members of their groups to enjoy their own culture, to profess and practice their own religion, or to use their own language."

Current Issues

The Problems and the Examples

Removal and relocation is a major issue for many indigenous peoples. Once one removes a people from their land base one also takes away their way of life which promotes cultural decline. This was done on extensive scale to several native nations in North America including the Cherokee and the Choctaws. Though these events seem long ago they raise questions concerning reparations for land and compensation for personal suffering.

Deforestation, particularly in tropical regions, is another crisis confronting indigenous tribal cultures. The forest provides a home and food for many tribal populations including those in South America and Africa. Pygmies numbering in the hundreds of thousands live in forests of Africa and "30 million tribal peoples in India depend upon minor forest produce . . ."

Deforestation can occur for two key reasons: first, the world demand for timber, particularly, exotic hardwoods; and two, the clear cutting required to raise cattle to produce beef primarily for first world nations. One statistic cites that one-quarter of all Central American forested areas have been cut for cattle rearing purposes, 90% of which was beef exported to the United States.

Valuable mineral resources found on native lands is also causing hardship for aboriginal people. Certain areas of Australia occupied by indigenous peoples are rich in uranium. Aborigines, those peoples native to Australia, won a small victory in 1992 in the case of Mabo vs. Queensland. This case provided for the acknowledgement of native land titles. However, compensation for land titles that were previously lost is not provided for and the court left vague "which lands are subject to native titles. An example of the devastation which mining can cause can be found on the newly independent island nation of Nauru. Open pit-phosphate mining has been occurring there for nearly a century. When the pit no longer is productive and the mining company pulls out over four-fifths of the island will be uninhabitable. The Nauruan people are seeking reparations from the countries of Great Britain, Australia and New Zealand.

Another legacy of uranium is the testing of nuclear weapons on islands around the world. One such place is the Marshall Islands which was the location of United States nuclear weapons tests. The physical legacy of being subject to radiation is well documented in Helen Caldicott's book Missile Envy. She chronicles the rise in birth defects, cancer rates and other illnesses related to radiation poisoning. The native inhabitants of these islands were in the process of negotiating reparations settlements with the United States in 1993.

The demands of the larger society which has in some cases been imposed on the native society has occurred in Northern Europe. The Saami, indigenous tribal peoples of the region, have been waging a battle against the government of Norway. A hydro-electric project, the Alta-Kautekaino Project (AKP) was begun in 1978. This project would force the Saami from their homes and reindeer grazing areas severely altering their land base. The Saami took their case to court, all the way to the Norwegian Supreme Court and lost. It was the Court's opinion that the Saami were not an indigenous people according to International Common Law. For the Saami their day before the judge has come and gone but they continue their struggle for recognition and the rights associated with that recognition.

Another indigenous group which has suffered due to a hydro-electric project are the people of Tibet. A hydro-electric project on a sacred river was initially stalled after native Tibetans protested the Chinese project. Tibet has been occupied by the Chinese for over 40 years. Claims of Chinese brutality against the indigenous Tibetan population have been alleged. After the death of the leader of the opposition movement the project was restarted.

Thus the occupation continues and with it the degradation of sacred lands. Geothermal energy is a cause of concern for native Hawaiians. Their right to worship is being obstructed by a development in the Wao Kele o Puna Forest. The geothermal plant sits on ground which is sacred to the Hawaiian people. Native Hawaiians have been unable to govern themselves for over 100 years.

These are just a few of the areas where indigenous people are struggling for the survival of their land base, their culture and their very lives. One who is researching this issue in depth can unfortunately be overwhelmed with the vast amount of peoples who are facing these crises and obstacles which threaten their existence.

Conclusion

In the 1970's, the World Bank participated in projects which, instead of improving living standards for the poor, were displacing indigenous people and causing hardship. Until 1982 the World Bank had no policy supporting indigenous people. It was at that time that the World Bank published a public policy paper entitled "Tribal Peoples and Economic Development: Human Ecological Considerations". In this paper the World Bank recognized that indigenous people were likely to be harmed rather than aided by their development projects. One might consider this as a positive change for indigenous people, although the World Bank took this action in writing this document very little has been done to reform its policies.

Many of the problems facing indigenous people are economic in nature. Governments displace, relocate and assimilate indigenous people for many reasons including land use for mining, clear cutting of timber, cattle rearing for export purposes as well as many other reasons. Realizing these economic factors we must also realize there is a human factor which is represented in international human rights law. In addition to the conventions and covenants listed in this article there are many more which are applicable to the indigenous plight.

Questions

1. How can the laws that already exist (such as the Genocide Convention) be enforced with regard for indigenous populations?
2. Do we need to create laws specifically for indigenous people to supplement the laws already in existence?
3. Is there a need for an international permanent committee of representatives of indigenous peoples of the world so that they may have a voice in an inter nation forum?
4. Should there be an international committee to hear the claims of indigenous people for reparations and land claims so as to avoid any conflict of interest.
5. Should the UN Draft Resolution on Indigenous People be ratified? How can ratification be encouraged? Once ratified, how can it be enforced?

Sources

Burger, Julian. Report from the Frontier. London: Zed Books Ltd., 1987.

Cultural Survival. State of the Peoples. Boston: Beacon Press, 1994.

Deloria, Vine Jr. and Clifford Lyttle. American Indians, American Justice. Austin: University of Texas Press, 1983.

Ewen, Alexander. Voice of Indigenous Peoples. New Mexico: Clear Light Publishers, 1994.

Olson, Paul, ed. The Struggle for the Land. Lincoln: University of Nebraska Press, 1990.