UNWGIP 1st Session Document 82-11964 - Statements by the World Council of Indigenous Peoples, Indian Law Resource Center and Draft Resolution by the International Indian Treaty Council
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DOCUMENT: 82-11964.TXT


                     U N I T E D    N A T I O N S 
 
     ECONOMIC AND SOCIAL                        Distr.  
     COUNCIL                                    RESTRICTED 
      
     E/CN.4/Sub.2/AC.4/1982/R.1                 Original: ENGLISH 
     26 August 1982                             GE.82-11964 (E) 
 
 
     COMMISSION ON HUMAN RIGHTS  
     Sub-Commission on Prevention  
       of Discrimination and  
       Protection of Minorities  
     Working Group on Indigenous Peoples 
     First Session    
      
            STUDY OF THE PROBLEM OF DISCRIMINATION AGAINST  
                        INDIGENOUS POPULATIONS 
      
          Documents transmitted to the Sub-Commission by the  
           Working Group on Indigenous Populations, together 
                 with its report on its first session 
 
                Chairman-Rapporteur:  Mr. Asbjorn Eide 
 
 
                               CONTENTS 
                                                              Page 
                                                              ---- 
     1. Statement submitted by the World 
        Council of Indigenous Peoples.......................... 1 
 
     2. Statement submitted by the Indian 
        Law Resource Center.................................... 2 
 
     3. Draft Resolution submitted by the 
        International Indian Treaty Council.................... 4 
 
 
     E/CN.4/Sub.2/AC.4/1982/R.1 
     Page 2 
 
               STATEMENT SUBMITTED BY THE WORLD COUNCIL  
                         OF INDIGENOUS PEOPLES 
 
          We respectfully ask that the Working Group include the  
     following in its report to the Sub-commission. 
 
     1.   The Working Group on Indigenous Populations makes  
     reference to existing norms of international law for the  
     protection of indigenous populations including, without  
     limitation, the Charter of the United Nations;  Universal  
     Declaration of Human Rights;  International Covenant on  
     Economic, Social and Cultural Rights;  International  
     Covenant on Civil and Political Rights;  International  
     Convention on the Elimination of All Forms of Racial  
     Discrimination;  Convention on the Prevention and Punishment  
     of the Crime of Genocide;  Vienna Convention on the Law of  
     Treaties;  Declaration of Principles for the Defense of the  
     Indigenous Nations and Peoples of the Western Hemisphere;   
     and the Helsinki Accords. 
 
     2.   The Working Group makes specific references, and  
     reproduces in its report, the Principles for Guiding the  
     Deliberations of the Working Group on Indigenous Populations  
     as a comprehensive and authoritative interpretation of the  
     standards which should guide the Working Group in  
     considering information which it receives.  These draft  
     principles address each of the concerns and illustrative  
     experiences discussed by the participants in the Working  
     Group sessions. 
 
     3.   Of all the situations involving indigenous populations  
     which have been brought to the attention of the Working  
     Group, the situation involving Indian peoples of Guatemala  
     requires the most urgent attention.  It appears that mass  
     killing of Indians is taking place and that the very  
     survival of those Indian peoples is in immediate jeopardy. 
 
     4.   The Working Group urges creation of a fund to  
     facilitate broader participation of indigenous populations  
     in the sessions of the Working Group in Geneva.  The Working  
     Group also urges consideration of means whereby Working  
     Group sessions could be held in places more accessible to  
     indigenous populations, including the possibility of  
     individual members of the Working Group soliciting oral and  
     written information in specific regions. 
 
     E/CN.4/Sub.2/AC.4/1982/R.1 
     Page 3 
 
       2. STATEMENT SUBMITTED BY THE INDIAN LAW RESOURCE CENTER 
 
            PRINCIPLES FOR GUIDING THE DELIBERATIONS OF THE  
                WORKING GROUP ON INDIGENOUS POPULATIONS 
 
     1.   Indigenous peoples and groups shall be entitled freely  
     and independently to practice, develop, and perpetuate their  
     own religions, languages, cultures, traditions, social  
     systems, and ways of life. 
 
     2.   Indigenous peoples and groups shall be free from any  
     action or course of conduct which directly or indirectly may  
     result in the destruction or disintegration of their  
     physical, cultural, or political integrity. 
 
     3.   Indigenous peoples shall not be deprived of their  
     rights or claims to land, property, or natural resources,  
     without their free and informed consent.  No State shall  
     claim or retain, by right of discovery or otherwise, the  
     territories of indigenous peoples, except such land as may  
     have been lawfully acquired by valid treaty or other cession  
     freely made.  In no circumstances shall indigenous peoples  
     or group be subjected to discrimination with respect to 
     their  rights or claims to land, property, or natural 
     resources. 
 
     4.   Indigenous peoples shall be free from any action or  
     course of conduct which directly or indirectly may result in  
     the destruction or deterioration of land, air, water,  
     wildlife, habitat, or other natural resources. 
 
     5.   Indigenous peoples are, in some circumstances, under a  
     domination which is both alien and colonial in nature.   
     Indigenous peoples qualify as peoples possessing a right of  
     self-determination;  hence, indigenous peoples have the 
     right  to self-determination, that is, to possess whatever 
     degree  of self-government in their territories the 
     indigenous  peoples may choose. 
 
     6.   Treaties and other agreements entered into by  
     indigenous peoples with other States, whether denominated as  
     treaties or otherwise, shall be recognized and applied in  
     the same manner and according to the same international laws  
     and principles as the treaties and agreements entered into  
     by other States.  Treaties and agreements made with  
     indigenous peoples shall not be subject to unilateral  
     abrogation.  The municipal law of any State may not serve as  
     a defense to the failure to adhere to and perform the terms  
     of treaties and agreements made with indigenous peoples.   
     Nor shall any State refuse to recognize and adhere to  
     treaties or other agreements due to changed circumstances  
     where the change in circumstances has been substantially  
     caused by the State asserting that such change has occurred. 
 
     7.   The rights of indigenous peoples and groups shall be  
     free from infringement by States, individuals, corporations,  
     or other entities. 
 
     8.   Indigenous peoples and groups shall not be deprived of  
     any other rights protected by the Universal Declaration of  
     Human Rights, other international instruments, or  
     international law. 
 
          These principles represent certain of their basic 
     rights  of indigenous peoples which should guide the 
     deliberations  of the Working Group. 
 
     E/CN.4/Sub.2/AC.4/1982/R.1 
     Page 4 
 
          3. DRAFT RESOLUTION SUBMITTED BY THE INTERNATIONAL  
                         INDIAN TREATY COUNCIL 
 
        DRAFT RESOLUTION CONCERNING THE GUATEMALAN PEOPLE, WITH  
                     SPECIAL REFERENCE TO INDIANS  
      
     WORKING GROUP ON INDIGENOUS POPULATION, 9-13 AUGUST 1982  
     SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND  
     PROTECTION OF MINORITIES  
     UNITED NATIONS COMMISSION ON HUMAN RIGHTS, GENEVA  
 
          GUIDED by the principles embodied in the Charter of the  
     United Nations, the Universal Declaration of Human Rights,  
     the International Bill of Human Rights, and the  
     International Convention against Genocide, in particular  
     those provisions relating to the right of self- 
     determination. 
 
          NOTING General Assembly decision 36/435 of 16 December  
     1981, Commission on Human Rights Resolution 1982/31, and the  
     work of the Special Rapporteur appointed by the Commission  
     to make a thorough study of the human rights situation in  
     Guatemala, 
 
          BEARING IN MIND changes in the Government of Guatemala  
     which occurred in March 1982, and the declaration by that  
     Government of a state of siege on 1 July 1982, 
 
          DISTURBED by continuing reports of gross violations of  
     human rights in Guatemala and in particular allegations of  
     mass killings of indigenous peoples and destruction of their  
     villages and crops, 
 
          CONVINCED that urgent action is necessary in order to  
     establish the facts of the current human rights situation in  
     Guatemala and to protect the human rights of all people  
     therein, 
 
          EXPRESSES ITS DEEP CONCERN at reports of genocidal acts  
     carried out by members of the Guatemalan security forces  
     against indigenous Indian peoples, 
 
          CONDEMNS the reported massacres of thousands of Indians  
     by Guatemalan military forces since March 1982, and the  
     expulsion of more than one million Indians from their  
     indigenous communities, and hundreds of thousands from the  
     country itself, 
 
          REQUESTS the Secretary-General to forward all  
     information received by the Sub-Commission relating to the  
     situation of human rights in Guatemala to the Special  
     Rapporteur of the Commission, 
 
          FURTHER REQUESTS the Secretary-General to transmit  
     relevant information received by the Sub-Commission to the  
     United Nations High Commissioner for Refugees and the  
     International Committee of the Red Cross, 
 
          INVITES the attention of the Government of Guatemala to  
     these issues as raised in discussions during the thirty- 
     fifth session of the Sub-Commission and its Working Group on  
     Indigenous Populations, 
 
          FURTHER INVITES the attention of all Governments  
     concerned to the use being made of military arms and  
     materials that may by transmitted to the Government of  
     Guatemala, 
 
          FURTHER INVITES all Governments and International  
     Organs to consider that peoples of Guatemala are organized  
     and struggling for their human rights at all levels in their  
     search for justice. 

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