UNWGIP 10th Session Document 92-12449 - Statements by Centro de Culturas Indias CHIRAPAQ, Indian Council of S. America, Tupay Katari, Food First, Service, Peace & Justice in Latin America, and Comision Juridica
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DOCUMENT: 92-12449.TXT
U N I T E D N A T I O N S
Economic and Social Council ENGLISH
Distr. Original: ENGLISH/SPANISH
GENERAL
E/CN.4/Sub.2/AC.4/1992/3 GE. 92-12449/4554B
11 May 1992
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and Protection of Minorities
Working Group on Indigenous Populations
Tenth session
20-31 July 1992
Item 4 of the provisional agenda
STANDARD-SETTING ACTIVITIES: EVOLUTION OF STANDARDS
CONCERNING THE RIGHTS OF INDIGENOUS POPULATIONS
Note by the Secretary-General
Information received from non-governmental organizations
CONTENTS
Introduction ............................................. 2
1. Centro de Culturas Indias CHIRAPAQ .................... 2
2. Indian Council of South America ....................... 5
3. Comision Juridica de los Pueblos de
Integracion Tawantinsuyana ............................ 7
4. "Tupay Katari" Movement ............................... 8
5. Food First Information and Action Network ............ 13
6. Service, Peace and Justice in Latin America .......... 14
E/CN.4/Sub.2/AC.4/1992/3 page 2
INTRODUCTION
1. By its resolution 1982/34 of 7 May 1982, the Economic and
Social Council authorized the Sub-Commission on Prevention
of Discrimination and Protection of Minorities to establish
annually a working group on indigenous populations to review
developments pertaining to the promotion and protection of
the human rights and fundamental freedoms of indigenous
populations, including information requested by the
Secretary-General annually, and to give special attention to
the evolution of standards concerning the rights of
indigenous populations.
2. The Sub-Commission, in its resolution 1991/30 of 29
August 1991, requested the Secretary-General to transmit the
report of the Working Group to indigenous peoples' and non-
governmental organizations for specific comments and
suggestions for the completion of the first reading of the
text of the draft declaration on the rights of the
indigenous populations, as contained in annex II of the
report of the Working Group on Indigenous Populations on its
ninth session (E/CN.4/Sub.2/1991/40/Rev.1), and the
beginning of the second reading at the tenth session of the
Working Group. The Commission on Human Rights endorsed this
request in its resolution 1992/44 of 3 March 1992. In
accordance with these resolutions, appropriate
communications were sent to intergovernmental organizations.
3. The present document contains replies received as of 11
May 1992 from indigenous and non-governmental organizations.
Further replies, if any, will be included in addenda to this
document.
CENTRO DE CULTURAS INDIAS CHIRAPAQ
[17 March 1992]
[Original: Spanish]
COMMENTS ON PART II
1. The fundamental idea of the draft declaration, as
prepared so far by the Working Group, has been to protect
indigenous rights in peace time, but no provision has been
made for the protection of indigenous rights in the context
of either international or non-international war. It is only
in Part II, operative paragraph 4 that a reference is made
to the need to protect the indigenous peoples against
genocide, which can be committed in both peace time and in
time of war, according to the Convention on the Prevention
and Punishment of the Crime of Genocide.
2. In our view, it is necessary to elaborate further the
idea of the protection of the human rights of indigenous
peoples in time of war and to stress that States should
respect the international standards on the protection of
civilian persons in time of war laid down in the Fourth
Geneva Convention of 1949 and the Additional Protocols of
1977, particularly in the regions inhabited by indigenous
peoples. When non-international armed conflict occurs in
countries where indigenous peoples live, the percentage of
victims among the indigenous population is much higher than
the percentage that this population represents in the total
population of the country. There are instances where the
indigenous victims account for 90 per cent of all the
E/CN.4/Sub.2/AC.4/1992/3 page 3
victims resulting from the armed conflict. This is due
largely to the fact that States fail to respect the
international instruments on the protection of the civilian
population in situations of armed conflict in the indigenous
areas under military occupation. The following provisions
are often violated:
(a) The Occupying Power may not compel the civilian
population to serve in its armed forces and to participate
in armed action (Fourth Geneva Convention, art. 51).
Consequently, if in the contest of a non-international armed
conflict regions inhabited by indigenous peoples are
subjected to military occupation, States cannot justify the
formation of irregular groups in the service of the armed
forces, utilizing the traditional indigenous customs,
because the right to autonomy and self-defence can never be
used against the indigenous people, nor serve to evade
national and international legal provisions;
(b) The prohibition of deportations or forcible
transfers of the civilian population within the area under
military occupation (Fourth Geneva Convention, art. 49;
Protocol I, art. 85. 4a and Protocol II, art. 17). The
indigenous population cannot therefore be compelled to
abandon its communities of origin, nor can it be transferred
and herded into an area close to military bases, where it
has no means of subsistence and where it is the victim of
armed confrontations;
(c) The prohibition to starve the civilian population,
by requisitioning or destroying foodstuffs or other objects
indispendsable to its survival (Fourth Geneva Convention,
art. 55; Protocol I, art. 54 and Protocol II, art. 14). The
indigenous population should not be deprived of its means of
survival or subjected to starvation, by being prevented from
the normal pursuit of its activities of production, by being
denied access to natural resources or by having its food
requisitioned.
SUGGESTIONS
3. We suggest that part II, operative paragraph 4 of the
text drafted so far by the Working Group, which reads:
"Indigenous peoples have the collective right to exist in
peace and security as distinct peoples and to be protected
against genocide, as well as the individual rights to life,
physical and mental integrity, liberty and security of
person", should continue as follows:
"States are bound to strict observance, in the regions
inhabited by indigenous peoples, of the international
provisions regarding the protection of the civilian
population in situations of armed conflict. The right to
indigenous autonomy can never be used against the indigenous
peoples or to evade national legislation or international
law.
States shall not:
(a) Occupy indigenous territories militarily;
(b) Organize indigenous peoples into irregular groups
in the service of the armed forces and compel them to take
part in military operations or bring indigenous peoples into
confrontation with other indigenous peoples, using the
traditional customs and the right of self-defence to justify
these measures;
E/CN.4/Sub.2/AC.4/1992/3 page 4
(c) Compel the indigenous population to abandon its
communities or to be displaced or concentrated in specific
areas in order to subject it to military control,
requisition its means of survival, prevent it from the
normal pursuit of its production activities or deny it
access to natural resources."
COMMENTS REGARDING PART III
4. Part III of the draft declaration deals with the
territorial rights of the indigenous peoples. We are
inclined to use the concept of "territory" instead of
"lands" because "territory" better expresses a comprehensive
view encompassing natural resources, cultural aspects and
the environment.
5. However, in practice, the concept of territory or of the
lands which the indigenous peoples have traditionally
occupied is misinterpreted; we therefore feel that it is
necessary to specify its scope in the declaration. In the
same way that we advocate that the indigenous people should
be recognized in their entirety and not be fragmented into
smaller units, we must also raise the question of the
recognition of the whole territory inhabited by an
indigenous people or by various indigenous peoples, if they
have traditionally lived together in the same territory. No
artificial boundaries should be created using criteria which
are alien to the practices of the indigenous territory, nor
should the break-up or fragmentation of this territory be
allowed. States must not confine themselves to recognizing
local settlements or portions of the indigenous territory
separately, because such a move would contribute to the
break-up of the indigenous people and the creation of
divisions among them. No concentration or reduction should
be allowed of those indigenous people who have a pattern of
living in scattered settlements or who are nomads, in order
to empty vast tracts of their traditional territory and to
give recognition only to isolated clusters of settlements.
SUGGESTIONS
6. We suggest that part III, paragraph 12 should be worded
as follows:
"The right to obtain from States protection and global
recognition without the fragmentation of the territories
which the indigenous people have traditionally occupied and
used, including the collective and individual right to
ownership, possession and use of lands and resources. States
may not use the indigenous territories that were evacuated
through forced displacement in circumstances affecting
indigenous survival".
SUGGESTIONS REGARDING PART V
7. We propose that the following wording should be added to
the end of paragraph 23:
"The right to autonomy must never be distorted and used
against the interests of the indigenous people".
8. We propose that paragraph 24 should be expanded as
follows:
"The right to maintain and decide upon the structures
of their autonomous institutions, without the regulation,
superimposition or replacement of such institutions by
institutions created by States".
E/CN.4/Sub.2/AC.4/1992/3 page 5
INDIAN COUNCIL OF SOUTH AMERICA
[30 April 1992]
[Original: Spanish]
Overall, the draft meets our basic requirements.
Nevertheless, the aspirations of our indigenous peoples are
much higher than what can be achieved, namely a general
consensus. As we see it, there are still very marked
differences in the opinions of national Governments and our
views and the claims that we are making under customary law.
We believe that the draft document is on the right track,
provided that it is supplemented by other documents of
positive law already in force. However, we would like to
comment on some of the terms used in the paragraphs of the
draft, in order to make it more easily understood and to
avoid confusion.
A. PREAMBULAR AND OPERATIVE PARAGRAPHS OF THE DRAFT
TWELFTH PREAMBULAR PARAGRAPH
"Believing ... in a spirit of coexistence with other
citizens". The word "talante" (spirit) is not understood by
the majority of indigenous communities, peoples and
organizations. We propose that a more comprehensible
alternative should be used, as follows:
"Believing ... with goodwill and the desire for
coexistence with other citizens".
PART I
OPERATIVE PARAGRAPH 1
"Indigenous peoples ... social, cultural and spiritual
development in conditions of freedom and dignity."
We think that this text is incomplete, and that the
words "equality" and "tolerance" should be added. The text
would therefore read:
"Indigenous peoples have the right to self-
determination, in accordance with international law. By
virtue of this right, they freely determine their
relationship with the States in which they live, in a spirit
of coexistence with other citizens, and freely pursue their
economic, social, cultural and spiritual development in
conditions of freedom, equality, tolerance and dignity."
PART II
OPERATIVE PARAGRAPH 5
"Indigenous peoples have ... to self-identification."
The last word of the text, "self-identification",
should refer specifically to the aspect of identity.
E/CN.4/Sub.2/AC.4/1992/3 page 6
We propose the following wording: "Indigenous peoples
have the collective and individual right to maintain and
develop their distinct ethnic and cultural characteristics
and identities, including the right to their own identity."
OPERATIVE PARAGRAPH 10
"Indigenous peoples have the right to all forms of
education, including ... for these purposes."
In this paragraph, the word "including" should be
deleted because the indigenous peoples have the right to all
forms of education, which is basically the right to use
their own languages alternately with the other languages.
We propose the following wording: "Indigenous peoples
have the right to all forms of education, access to
education in their own languages, and the right to establish
and control their own educational systems and institutions.
Resources shall be provided by the State for these
purposes."
PART III
OPERATIVE PARAGRAPH 17
"Indigenous peoples have the right ... shall not take
place in their lands and territories."
In this paragraph the words "respect for" should be
added after the words "right to".
We propose the following wording: "Indigenous peoples
have the right to respect for and protection of their
environment and productivity of their lands and territories
and the right to adequate assistance including international
cooperation to this end. Unless otherwise freely agreed upon
by the peoples concerned, military activities and the
storage or disposal of hazardous materials shall not take
place in their lands and territories."
PART IV
DRAFT OPERATIVE PARAGRAPH 20
"The right to determine ... affecting them, and as far
as possible to develop, plan and implement such programmes
through their own institutions;".
In this paragraph the words "affecting them" should be
replaced by "which respond to their specific needs", because
this renders the idea of totality.
We propose the following text: "The right to determine,
plan and implement all health, housing and other social and
economic programmes which respond to their specific needs,
and as far as possible to develop, plan and implement such
programmes through their own institutions;".
E/CN.4/Sub.2/AC.4/1992/3 page 7
COMISION JURIDICA DE LOS PUEBLOS DE
INTEGRACION TAWANTINSUYANA
[21 March 1992]
[Original: Spanish]
COMMENTS
We wish to make the following impartial comments
regarding the ninth session of the Working Group in 1991:
(a) The organizers/rapporteurs and the representatives
of the indigenous organizations were all given the
opportunity to express themselves in a democratic manner;
(b) The experiences described by each people and the
participating representatives were very useful;
(c) The legal instrument which is being discussed,
namely the declaration, is a supranational instrument that
will lay the foundations for the next century;
(d) Most of the participants representing their
organizations had little legal expertise;
(e) The debate was serious and of a high standard;
(f) There was a lack of interest in the debate on the
part of some of the participants, who were more concerned
with making appointments to obtain financial support for
their organizations.
SUGGESTIONS
1. The draft declaration which is being discussed should be
used to promote the new indigenous legislation, and its
codification within international indigenous law.
2. The legal approach should also be to seek to promote
development, and to find parallel law or alternative and
indigenous law.
3. The text of the draft declaration should project the new
relationship between nation States and indigenous peoples.
4. The draft declaration should incline towards new models
of legal pluralism.
5. The draft declaration should promote respect for the
traditional systems and legal institutions of the indigenous
peoples.
6. There should be more participation by indigenous jurists,
for example as rapporteurs.
7. Greater legal expertise is required in the drafting of
the declaration.
E/CN.4/Sub.2/AC.4/1992/3 page 8
8. Efforts should be made to safeguard the World Conference,
which is a forum of brotherhood and law, by ensuring that it
is conducted democratically.
9. The working documents should be made available to all the
participants in the required languages, including Spanish.
10. The new version of the paragraphs of the draft
declaration discussed during the ninth session should be
forwarded promptly to the participants so that they can
prepare themselves properly rather than just reading through
and not doing much analysis and study.
11. The draft declaration should be disseminated more
widely, especially to those who are participating or have
participated in any of the sessions, in order to enable them
to continue to work on improving the test.
"TUPAY KATARI" MOVEMENT
[30 April 1992]
[Original: Spanish]
1. The amendments to the preambular paragraphs and the
operative paragraphs, which address issues that are more of
substance than of form, are designed to classify certain
legal concepts and to contribute to the formulation of
provisions that are effective and coherent, as regards both
their interpretation and their practical application, in
keeping with the spirit of the international instruments on
the subject.
2. Finally, in order to respond to the cherished aspirations
of the indigenous peoples, new paragraphs and articles
should be added with a view to guaranteeing the effective
exercise of their land rights and their right to utilize
their natural resources, which are considered as being vital
to the survival of indigenous life.
FIRST PREAMBULAR PARAGRAPH
3. Affirming that all indigenous people are born free and
equal in dignity and rights in accordance with the
international standards in force, while recognizing the
right of all individuals and groups to be different, to
consider themselves different and to be respected as such.
SECOND PREAMBULAR PARAGRAPH
4. Considering that, like all peoples of the world, the
indigenous nations have contributed enormously through their
age-old cultures and ancestral traditions to the progress of
civilizations and hence to the enrichment of the diversity
and plurality of the universal cultures which constitute the
common heritage of humankind.
FOURTH PREAMBULAR PARAGRAPH (TO BE INSERTED AS A NEW PARAGRAPH)
5. Recognizing that, as a result of the conquest of the
Americas, the pre-Columbian indigenous peoples were unjustly
dispossessed of their lands and subjected to a system of
servitude which resulted in the unjust, inequitable
E/CN.4/Sub.2/AC.4/1992/3 page 9
and imperfect distribution of land, and degrading forms of
labour. This implies that the colonial legacy is the
expression and the root cause of the denial of the rights
and fundamental freedoms of the indigenous peoples as well
as the systematic violations thereof, the state of poverty
in which they live and the racial discrimination and
oppression which they endure.
SIXTH PREAMBULAR PARAGRAPH
6. Recognizing the urgent need to promote and respect the
rights of indigenous peoples and nations to their own
identity, in particular, to the diversity of their cultural
manifestations and their linguistic expressions, as well as
the right to their social structures, legal institutions and
philosophical concepts which without doubt constitute the
driving force of their history.
PART I
OPERATIVE PARAGRAPH 1
7. Indigenous peoples have the full right to self-
determination, in accordance with international law. By
virtue of this inalienable right, they shall freely
determine their own way of life and political institutions,
shall promote their own economic, social and cultural
development and shall democratically elect their
representatives and authorities, in conformity with their
customs, practices and established standards and in a spirit
of coexistence and mutual understanding with other members
of the national community. It is the duty of the State to
guarantee the effective exercise of the right to self-
determination.
OPERATIVE PARAGRAPH 2
6. The following should be added at the end of the
paragraph: "Any impediment or hindrance to the free exercise
of these rights is contrary to the universally recognized
principles of human rights".
OPERATIVE PARAGRAPH 3
7. Indigenous people are free and have the right to full
participation in the conduct of public affairs with the same
rights and obligations as all other human beings. No one
shall be subjected to racial discrimination on the basis of
his indigenous identity and social origin or compelled to
provide personal labour without just remuneration or his
full consent.
PART II
OPERATIVE PARAGRAPH 4
8. Indigenous peoples have the full right to live in dignity
and peace, to work in peace and to security. It is the duty
of States to protect indigenous communities and individuals
against the various manifestations of genocide and to
guarantee the true exercise of these rights and freedoms, by
ensuring the physical and mental integrity of the human
being.
E/CN.4/Sub.2/AC.4/1992/3 page 10
OPERATIVE PARAGRAPH 6
9. Indigenous peoples have the collective and individual
right to security and protection from any acts of ethnocide
and cultural genocide, which are acts condemned by the
international community as crimes against humanity.
Appropriate protection, prevention and redress are
applicable to:
(a) Any unlawful act which has the aim of depriving the
indigenous populations of their identity, through the use of
coercive methods;
(b) Any measure of assimilation, alienation or
integration, carried out through pressure or intimidation,
including the use of force to the detriment of and with
disregard for the indigenous cultures and philosophies;
(c) Any arbitrary dispossession of the indigenous
populations of the lands and resources which they have
occupied and exploited since time immemorial;
(d) Any act involving the use of force to impose upon
the indigenous peoples alien cultures, religions, creeds and
ways of life whose content is incompatible with the
indigenous perception of the universe and nature;
(e) Any racist propaganda, incitement to violence,
hatred and intolerance which might offend the dignity and
harm the life of indigenous peoples and nations.
OPERATIVE PARAGRAPH 7
10. Indigenous peoples have the imprescriptible right to
revive, preserve and express their cultural identity and
traditions in the appropriate manner. By virtue of this
right, the indigenous populations and communities have full
powers to safeguard and promote the constant development of
their past and present cultural and artistic traditions,
such as historical sites, archaeological ruins, works of art
and sculpture, musical instruments, artefacts, designs and
scientific and technical knowledge. This right also invests
the indigenous populations with the power to claim
restitution of the cultural and spiritual property and goods
taken from them illegally, without their free consent and in
violation of the provisions and laws of the country, and the
consequent reparation for material and moral damage.
OPERATIVE PARAARAPH 9
11. Indigenous peoples have the right to restore, use,
develop and transmit to future generations their own history
and, community values, their languages and their writing
systems and literature, as well as the right to maintain the
original names of their communities, to pay tribute to the
memory of their martyrs and to respect their sacred and
mythological sites. It is the duty of States to adopt
appropriate measures to ensure that the indigenous peoples
are duly heard and heeded and can make themselves understood
in political, legal and administrative proceedings, where
necessary through the provision of interpretation and other
effective means of communication.
E/CN.4/Sub.2/AC.4/1992/3 page 11
OPERATIVE PARAGRAPH 10
12. Indigenous peoples have the full right to comprehensive
and diversified education, in particular basic and higher
education in their own languages and the right to establish,
administer and control their own educational systems and
institutions. States shall recognize education as the
highest duty and shall therefore provide the necessary
resources for the execution of and compliance with the
stipulated provisions.
PART III
OPERATIVE PARAGRAPH 14
13. Indigenous peoples and nations have the right to
maintain their profound integral and spiritual relationship
of respect for and love of Mother Earth, which has been
considered from time immemorial as the source of all life
and the factor that creates balance and harmony between man
and nature. By virtue of this established right, the lands
and territories, including the resources thereof,
traditionally occupied and used by the indigenous
populations are inalienable, indivisible, imprescriptible
and not subject to confiscation.
NEW OPERATIVE PARAGRAPH (TO BE NUMBERED)
14. States, as the representatives of the national community
concerned, shall guarantee the indigenous peoples the
original right to collective and individual ownership of
their lands, and the possession, use and enjoyment thereof,
in particular the right to the renewable and non-renewable
natural resources of the soil and subsoil, the water
resources, flora and fauna, forest reserves, water and air,
in accordance with their customs and with their material and
spiritual needs.
NEW OPERATIVE PARAGRAPH (TO BE NUMBERED)
15. Barring a decision to the contrary and an agreement
between the parties, the creation of limited-liability
companies and limited partnerships on indigenous lands, and
the exploitation and illegal use by transnational
corporations of the resources and strategic reserves
thereof, are forbidden. States have an obligation to adopt
effective measures to ensure the genuine exercise of the
right to ownership of the land and its natural resources, by
protecting them against any act of illegal seizure.
NEW OPERATIVE PARAGRAPH (TO BE NUMBERED)
16. The agro-industrial activities of multinational
enterprises shall be subject to special regulations and
shall preferably be governed by the indigenous laws. States
shall consult the indigenous peoples and obtain their free
consent before granting transnational corporations any
concessions for the exploration and exploitation of
strategic resources in indigenous territories.
E/CN.4/Sub.2/AC.4/1992/3 page 12
NEW OPERATIVE PARAGRAPH (TO BE NUMBERED)
17. The use of the lands, territories and the strategic
resources thereof, which are owned by the indigenous
peoples, for military purposes, or for the establishment of
weapons factories, or for the storage of radioactive and
toxic wastes which might pollute the environment and
threaten the life of the populations, is forbidden.
Indigenous peoples reserve the right to take legal measures
to protect their lands and resources until their territories
have been completely and totally demilitarized.
OPERATIVE PARAGRAPH 16
18. Indigenous peoples have the right to the restitution of
the lands which were usurped and the territories of which
they were dispossessed by coercive means, with the
subsequent confiscation of their property without their free
consent, by virtue of theories based upon or related to the
discovery of America and the concepts of terra nullius, and
uncultivated lands. In response to the legitimate claims of
the indigenous peoples, States shall guarantee just and
equitable compensation for the lands, property and
belongings of which they have been deprived. If the parties
to a dispute reach an agreement, the compensation shall
preferably take the form of a grant of suitable arable land,
equal to or better than the land they had previously owned
in terms of quality and legal status.
OPERATIVE PARAGRAPH 18
19. Indigenous peoples have the right to adequate protection
of their intellectual property, in particular the rights
relating to the preservation of their age-old cultures,
literary, artistic and scientific works, artists'
interpretations and performances, radio broadcasts,
inventions in all the areas of human activity, designs,
models and trade marks, and the protection of medicinal and
sacred plants.
PART V
OPERATIVE PARAGRAPH 21
20. Indigenous peoples enjoy the full right to active
participation on an equal footing with all other citizens
and without discrimination of any kind in the political,
economic, social and cultural life of the State of which
they are members, in accordance with the legal provisions on
the subject. The State shall guarantee the effective
exercise of political and economic rights so that specific
characteristics and customs and established standards are
duly reflected in the legal system and the political
institutions of the State and that the ancestral ways of
life and practices of community labour are recognized and
given due consideration in the formulation of national
economic and cultural development programmes.
E/CN.4/Sub.2/AC.4/1992/3 page 13
OPERATIVE PARAGRAPH 22
21. (a) The right to full participation in the conduct of
public affairs, through representatives chosen by
themselves, in both the formulation of any indigenous
policies and laws at the national and international levels,
and the process of their adoption and implementation, which
may affect the rights, freedoms, lives and destinies of
indigenous peoples and nations.
(b) (No change.)
OPERATIVE PARAGRAPH 23
22. By virtue of the principle of the self-determination of
peoples and nations, indigenous populations are recognized
as having the collective right to autonomy in regard to
their internal political and administrative system, and they
shall have the authority to administer their lands and
resources, to promote education, culture, the information
and mass communications media, religion, health, housing and
social welfare, to settle disputes by peaceful means, to
ensure the protection of the environment, and to oversee
local taxation for the financing of autonomous programmes.
States have the duty to meet the just aspirations of
indigenous peoples to freedom and economic and social well-
being.
OPERATIVE PARAGRAPH 26
23. The right to maintain and develop contacts and
cooperative relations, including cultural and social
exchanges and trade, with fellow Indian peoples within
States and across State boundaries in a spirit of common
interest, friendship and peace in the world. It is the duty
of States to adopt appropriate measures to ensure the
observance and application of these rights.
FOOD FIRST INFORMATION AND ACTION NETWORK (FIAN)
[12 March 1992]
[Original: English]
1. FIAN's expertise is in the field of the human right to
food. In many situations the full-fledged right to food,
which is in particular a right to feed oneself, can only be
safeguarded by protecting or fulfilling land rights.
Therefore land rights and the right to land has been a focus
of FIAN's work. For more than five years FIAN has been
struggling against violations of land rights. This involved
the rights of peasants and the rural landless, but in at
least 50 per cent of the cases FIAN became active on behalf
of indigenous peoples' land rights. For indigenous peoples
land is life.
2. On the basis of this experience FIAN welcomes the current
draft universal declaration. It contains practically all the
aspects we encountered in our work with indigenous peoples'
land rights. FIAN welcomes in particular the operative
paragraphs 6 (c), 14, 15, 16, 17, draft 18.
E/CN.4/Sub.2/AC.4/1992/3 page 14
3. We would like to make a few minor suggestions. To
operative paragraph 18 the words "including in particular
seeds and genetic resources" could be added for emphasis,
since these are an important resource for food and other
agricultural production developed by indigenous peoples. In
draft operative paragraph 18 the passage from operative
paragraph 16 that "compensation shall preferably take the
form of lands and territories ... equal to those which were
lost" or some shorter version may be added for clarity.
SERVICE, PEACE AND JUSTICE IN LATIN AMERICA
[20 March 1992]
[Original: Spanish]
1. We have read the report and we think that both the
preambular and operative paragraphs of the draft declaration
on the rights of indigenous peoples are good, because they
implicitly recognize that indigenous peoples are different
ethnic groups with the right to their own culture.
2. The paragraphs that recognize the right of indigenous
peoples to land and territories are important not only
because they have occupied and farmed them from the time of
their ancestors but also because they are the groups which
have preserved the environment and nature in excellent
condition.
3. Operative paragraph 20 is important because it recognizes
the right of indigenous peoples to participate with other
citizens in the life of the State.
OTHER COMMENTS
4. Part I, operative paragraph 1 states that: "Indigenous
peoples have the right to self-determination, in
accordance..."; we feel that a clarification to the effect
that indigenous peoples are nations living within States is
necessary.
5. In our opinion, the ninth preambular paragraph, which
speaks of the demilitarization of the lands and territories
of indigenous peoples, is excellent, especially now when
there is a military presence in many Latin American
indigenous territories.
6. In part II, we fully agree with operative paragraph 12
regarding the indigenous peoples' right to the use of and
access to all the different types of communications media in
their own languages.
7. Part III, operative paragraph 16 is excellent because it
recognizes the right of indigenous peoples to restitution of
or compensation for lands and territories.
8. We would only add that in our view reference should also
be made to the right of indigenous peoples to be recognized
as producers, who have a contribution to make to the
economic activity of States.
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