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INDIGENOUS PEOPLES SEEK RIGHT TO SELF-DETERMINATION

The United Nations' recognition of self-determination as a governing principle in the determination of decolonisation, and member states' acceptance of this principle, is a primary objective of Indigenous Peoples. The writer tells about Indigenous Peoples' work at the United Nations and their attempts to place themselves among the family of nations.

By Sharon H Venne
Cree Nation Great Turtle Island*


December 1999

Let me tell you a story**. It is a story of 500 years of oppression. It is a story of hope for the future generations.

When Columbus came across the great pond known as the Atlantic Ocean and fell onto the shores of Indigenous Peoples, our view of the world was overtaken by the colonisers. They changed the name of our lands to their names, calling our lands 'America'.

If the name is to be America then it should be Indigenous America. These are our lands and territories. We are still alive to talk and write about our own history and our own view of the world.

This short essay is about our work at the United Nations and our attempts to place ourselves among the family of nations. We have worked to have our rights recognised as a collective. We Indigenous Peoples want to have our right to self-determination recognised since we are peoples. We are human beings. It has been a long time since the family of nations recognised us as nations.

At contact with Europeans, each of the hundreds of Indigenous Peoples of Indigenous America possessed all the elements of nationhood that were well-established by European settlers: territory, governing structures, legal systems and a historical continuity with our territories. All Indigenous Nations were and remain sovereign in our own rights.

Nothing since the arrival of Columbus has occurred to merit any reduction in the international legal status of Indigenous Peoples. The recognition of Indigenous Nations and our rights poses no threat to non-Indigenous Peoples.

According to the documents of the time, Europeans were generally unsure about the status of the peoples they encountered, who fell outside of the Christian family of nations. In the 14th and 15th centuries, the Catholic Church issued numerous papal bulls relating to the rights of Europeans in Indigenous territories.

Romanus Pontifax (1455), for example, denied people living overseas from Europe any rights to lands and possessions, thereby allowing Christian monarchs to claim our lands and territories. With the legal support of the Pope, the 'new world' was thus divided between the Portuguese and the Spanish.

Atrocities committed by explorers against inhabitants of lands sought as colonies became known in Portugal and Spain. This knowledge resulted in a public debate led by scholars, which had a profound effect on contemporary legal thinking about the rights of Indigenous Peoples.

One side of this debate was a departure from accepted contemporary international law norms. This view held that peoples indigenous to these newly discovered lands were not human, owing to their lack of Christian knowledge, and, therefore, did not possess the same rights as Europeans; scholars, such as Bartolome de Las Casas, urged the conversion of the Indigenous inhabitants rather than the slaughter and enslavement that was occurring.

Las Casas was able to persuade the Spanish king to suspend the licensing of permits in Indigenous Peoples' lands while the debates pursued; however, when they continued for many months without a clear conclusion, expeditions were resumed. The opposing side held that the Indigenous inhabitants were human and had rights that needed to be respected; this view was based on the international legal norms of the time.

A seminal legal essay of 1532, De India et De Jure Belli Reflections, was Francisco de Vitoria's review of the rights of Indigenous Peoples. He argued that Indigenous Nations were the true owners of our lands and territories and, as such, could not be dispossessed of our territories through the doctrine of discovery or terra nullius.

Vitoria argued that title to the lands of Indigenous Peoples could not be conveyed to a European power - title could not be derived by either the Spanish monarchy or the pope, whose authority did not extend to secular matters.

Thus, by Vitoria's legal reasoning, the Spanish could not acquire title to Indigenous lands through discovery. With recognition that title to our lands was vested in Indigenous Peoples, Vitoria also held that our lands could be surrendered as a result of a 'just war' waged to Christianise us.

For the Christian nations, then, the mission to convert Indigenous inhabitants could justify continued atrocities and the claiming of our lands and territories by the colonisers. This 'just war' continues to this day.

Part of the strategy of Indigenous Peoples to gain recognition for our lands and territories involves a lobby at the international level through the system known as the United Nations (UN). The UN is a complex and multi-layered body that is slow and cumbersome in its internal procedures. There are so many actors that need to be consulted on any issue.

Indigenous Peoples have been learning the system and pushing forward towards being recognised as Peoples. In real terms, Indigenous Peoples have achieved a number of remarkable goals within the system: a study on treaties, a study on land rights, inclusion in the 1992 Rio Declaration and many other points of entry within the system.

When Indigenous Peoples came to the UN in 1977 as 'outsiders' looking for our rightful place, we were met by state governments and the inherent prejudices against Indigenous Peoples. To overcome the prejudices, Indigenous Peoples have had to find our way among the different procedures and forums to create a space for ourselves. The struggle has been to break down the barriers that state governments have raised against Indigenous Peoples within and outside of the state system.

Going to the UN was not intended as a promotion of the system but rather to concentrate efforts to break down the barriers of racism and colonisation. Our struggle at the UN is a history of continued efforts to decolonise. Our focus has been our collective rights to our lands and territories, and this has been crystallised around the concept of self-determination.

When we reviewed the international legal instruments at the UN, we realised that these instruments did not protect our rights. The rights protected in those instruments were rights of the individual within a state system. If an Indigenous person had the same rights as a non-indigenous person within a state, their rights as an Indigenous person would be lost.

For example, the right to an education. Whose education? An education within the Indigenous education system? Or within the coloniser's education system?

Within the coloniser's education system, an Indigenous person is assimilated and lost to their collective identity. Our focus on collective rights is at odds with the UN focus on the rights of the individual. The approach to this problem was to promote the drafting of a declaration on our rights.

Initially, Indigenous Peoples did not think that the UN would draft such a document. In the early 1980s shortly after the founding of the permanent body of the UN known as the Working Group on Indigenous Peoples, Indigenous delegates in our own internal meetings started drafting our own declaration.

At the time, Indigenous delegates wanted to draft an instrument that would encompass our rights and our understanding of our rights. As the years moved along, the number of principles in our draft reached 21. The key provisions related to our right to self-determination, our land and resources rights and our collective rights as Peoples.

When the UN Working Group on Indigenous Peoples took up the task of drafting a declaration in the late 1980s, Indigenous Peoples were involved. We spent many hours in private meetings prior to each Working Group to determine our course of action.

It became clear to us that there was going to be a struggle to get some minimum standards into the UN draft. It was absolutely necessary to have our right to self-determination recognised by the states within the UN.

The UN's recognition of self-determination as a governing principle in the determination of decolonisation, and member states' acceptance of this principle was a primary objective. We have been living under colonial states since Columbus.

We could not get access to the decolonisation committee. We needed to find another way for our right of self-determination to be recognised. In the declaration, we wanted a clear statement of our right to self-determination.

There were two major UN Covenants - the Covenant on Civil and Political Rights, and the Covenant on Economic, Social and Cultural Rights. Both have as their first article: 'All Peoples have a right to self-determination...' This article does not apply to Indigenous Peoples. State governments have signalled their position.

In 1988 and 1989, when the International Labour Organisation (ILO) was revising its Convention 107, the revised ILO Convention 169 states explicitly that the use of the term 'Indigenous Peoples' has no international legal meaning. It is clear to Indigenous Peoples that state governments do not consider us to be 'Peoples'. So that article in the two covenants should read: 'All Peoples except Indigenous Peoples have the right to self-determination.'

It is absolutely critical to Indigenous Peoples that the right of self-determination be included in the declaration. When there was an effort by state governments to have the language removed from the draft in early 1990, Indigenous Peoples stated that if self-determination was removed, they would need to condemn the whole process and step away from the draft declaration. For us, removing self-determination from the draft would be a strong and visible sign that after 500 years, we are still not recognised as human beings.

Our position is clear. If it means walking away from the draft that we spent so much time and effort to draft, we will do so. We could wait for a better opportunity to push our rights.

If state governments remove the right to self-determination, then the UN as a collective body is acting as a coloniser. Rather than promoting decolonisation, it would merely be continuing the process. This would be a shame on all people from the family of nations. - Third World Network Features

-ends-

* Indigenous Peoples of my nation believe that we are living on the back of Great Turtle that relates to our creation story. So our land, that encompasses the present states of Canada, United States of America and Mexico, is known as Great Turtle Island.

** Indigenous Peoples like to relate materials to a listener or reader via a story. Every person has a story. Coming from an oral tradition, story-telling is an old practice and a good way to tell a history of work that has been done at the United Nations and the reasons for that work.

About the writer: Sharon Helen Venne (Old woman Bear) is Cree but, through marriage, a citizen of the Blood Tribe in Treaty Seven. She has played an active role in the national and international struggles of many Indigenous Peoples, including the Lubicon Cree and Dineh Nation. Sharon has a Masters of Law degree from the University of Alberta, and is presently a doctorial candidate, writing a thesis on treaty rights of Indigenous Peoples and international law.

The above article first appeared in Echoes (Issue 16/1999, 'Is Five Hundred and Seven Years Too Long for Justice?).

1985/99

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orderSouthsidetwnTWNcapCAPpanPAN Helvetica, sans-serif" size="3"> The UN's recognition of self-determination as a governing principle in the determination of decolonisation, and member states' acceptance of this principle was a primary objective. We have been living under colonial states since Columbus.

We could not get access to the decolonisation committee. We needed to find another way for our right of self-determination to be recognised. In the declaration, we wanted a clear statement of our right to self-determination.

There were two major UN Covenants - the Covenant on Civil and Political Rights, and the Covenant on Economic, Social and Cultural Rights. Both have as their first article: 'All Peoples have a right to self-determination...' This article does not apply to Indigenous Peoples. State governments have signalled their position.

In 1988 and 1989, when the International Labour Organisation (ILO) was revising its Convention 107, the revised ILO Convention 169 states explicitly that the use of the term 'Indigenous Peoples' has no international legal meaning. It is clear to Indigenous Peoples that state governments do not consider us to be 'Peoples'. So that article in the two covenants should read: 'All Peoples except Indigenous Peoples have the right to self-determination.'

It is absolutely critical to Indigenous Peoples that the right of self-determination be included in the declaration. When there was an effort by state governments to have the language removed from the draft in early 1990, Indigenous Peoples stated that if self-determination was removed, they would need to condemn the whole process and step away from the draft declaration. For us, removing self-determination from the draft would be a strong and visible sign that after 500 years, we are still not recognised as human beings.

Our position is clear. If it means walking away from the draft that we spent so much time and effort to draft, we will do so. We could wait for a better opportunity to push our rights.

If state governments remove the right to self-determination, then the UN as a collective body is acting as a coloniser. Rather than promoting decolonisation, it would merely be continuing the process. This would be a shame on all people from the family of nations. - Third World Network Features

-ends-

* Indigenous Peoples of my nation believe that we are living on the back of Great Turtle that relates to our creation story. So our land, that encompasses the present states of Canada, United States of America and Mexico, is known as Great Turtle Island.

** Indigenous Peoples like to relate materials to a listener or reader via a story. Every person has a story. Coming from an oral tradition, story-telling is an old practice and a good way to tell a history of work that has been done at the United Nations and the reasons for that work.

About the writer: Sharon Helen Venne (Old woman Bear) is Cree but, through marriage, a citizen of the Blood Tribe in Treaty Seven. She has played an active role in the national and international struggles of many Indigenous Peoples, including the Lubicon Cree and Dineh Nation. Sharon has a Masters of Law degree from the University of Alberta, and is presently a doctorial candidate, writing a thesis on treaty rights of Indigenous Peoples and international law.

The above article first appeared in Echoes (Issue 16/1999, 'Is Five Hundred and Seven Years Too Long for Justice?).

1985/99


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