/ 10 September 2001

Conference may undermine indigenous rights

CHARMAINE PRETORIUS, Durban | Thursday

INDIGENOUS peoples from across the globe warned on Wednesday that if the World Conference Against Racism accepted its declaration without changing two paragraphs which denies them the right to self determination, the conference would be undermined.

Indigenous peoples from Africa, North America, the Pacific basin, the Arctic, Asia and Central and South America condemned paragraph 26 and 27 in the WCAR Declaration which effectively imposed inferior international human rights on them.

One of the offending paragraphs recognises ”indigenous peoples” but then qualifies this by saying that the term ”cannot be construed as having any implications as regards the rights that may attach to them under international law”.

”In other words they are trying to impose inferior international human rights status on all the people’s of the world,” Canadian, Chief Matthew CoonCome, said.

He said the conference did not have the right to undermine the human rights of indigenous peoples across the globe.

Wearing a colourful white, red and yellow feathered headgear, he said the acceptance of the declaration as it was would be a ”dark historic stain on Durban”.

”This is a sad moment for the status of indigenous peoples around the world.

”If member states insist on keeping these paragraphs, the legitimacy of the entire WCAR will be undermined,” he said.

”We are grateful for those member states who opposed it, but others who insisted on these toxic words should be ashamed of themselves. They have lost any claim to self-righteousness.

”The WCAR gives with one hand, but then takes much more with other hand. Par 27 makes our international rights subject to the integrity of states. The rights of indigenous peoples cannot be subject to this restriction.”

CoonCome said the work by indigenous peoples to secure their rights would be set back 25 years with the inclusion of the two paragraphs.

A speaker from the Pacific basin said the offending paragraphs suggested that the rights of indigenous peoples were not inherent.

”The United Nations will be guilty of perpetrating racism within its own process, if these paragraphs are accepted.

”Four hundred million indigenous people across the world are being denied their rights because documents refer to us as minorities, populations and refugees.”

She said the fight for the rights of indigenous peoples had gained momentum in the past 10 years and the road to Durban had begun two years ago.

”It is a very difficult thing for the indigenous caucus to address racism without the protection of international laws.

”Human rights are not negotiable, human rights are universal. Ninety percent of bloodshed occurs on the lands of indigenous peoples,” she said to a standing ovation.

”We have two days left and we are waiting to work with you (government delegations attending the WCAR) in a partnership which is meaningful.”

The Indigenous People’s Caucus is one of the strongest NGO lobby groups at the conference and has already met with Deputy President Jacob Zuma to raise their concerns.

On Wednesday morning UN High Commissioner for Human Rights Mary Robinson said she understood the concern over the two paragraphs which ”in the view of indigenous peoples, restrict their rights”.

”However, even if agreement on the most difficult issues cannot be reached amongst states, or between government and indigenous representatives,” she told a round table session on indigenous peoples.

”Your views on these difficult paragraphs have been heard. At the same time, a number of other paragraphs represent real advances for indigenous people’s.”

In the WCAR Plan of Action, the need to increase resources for indigenous peoples was stressed, Robinson said.

She added that the vast majority of states attending the WCAR also recognised the collective rights of indigenous peoples. – Sapa