Indigenous Peoples Discuss Knowledge, Human Rights, and Free, Prior & Informed Consent
UNPO Secretariat Team
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In the conference room, amidst camera flashes, Adelard Blackman, special representative of the Chief Louie of the Buffalo River Dene Nation in Canada, holds in his hand the feather of an eagle, the symbol of his Community, while he pronounces his statement. All around him, the participants to the 23rd session of the Working Group on Indigenous Populations are busy immortalizing this poignant moment. During this third workday of the WGIP, the discussions continue in the Palais des Nations, in Geneva.
The concept of free, prior and informed consent (FPIC) was one of the main subjects of the day. These discussions were based on a document drafted by Antaonella-Iulia Motoc, in association with the Tebtebba Foundation. FPIC is very important for Indigenous Peoples who are often not involved in the decisions making process of any given project that might affect them. Notably, this issue is of crucial importance when it concerns projects that must be carried through on ancestral lands belonging to these Populations. It threatens their resources; it endangers their culture, their links with nature and their traditional ways of life.
Another key moment of the day was dedicated to the review of the draft principles and guidelines on the protection of the heritage of indigenous peoples, which is the main subject of the WGIP this year. Mr. Yozo Yokota who is a member of the UN Sub–Commission on the Promotion and Protection of Human Rights along with the Saami committee, drafted a working paper urgently recommending that The Draft Declaration on the rights of indigenous peoples be adopted as soon as possible by the U.N. They underlined the importance of the Declaration by stating that the aim of this document was the protection of the Indigenous Peoples’ knowledge and cultural heritage.
The debates were highly informative thanks to the comments of various delegates and the precise explanations of the Saami Committee representative. Mr. Yozo Yokota’s absence was regrettable. It is still to early to determine whether these efforts by the Indigenous Peoples will translate into the adoption of the text by the The Commission on Human Rights because drafting a text at the Commission level often takes a few - sometimes many -years.
The representative of the European Commission also contributed to the debates. She was in Geneva to express the European Unions (EC) interest in questions related Indigenous Populations and their Fundamental Rights. Moreover, she noted that the problems and propositions of the representatives and members of the WGIP would be integrated into future reflections and discussions of the European Commission. The issue of future cooperation between the UNO, the WGIP and the EC should be carefully analyzed, as it could translate into a profitable partnership for the Indigenous Peoples. Likewise, European Council should be encouraged to take a more proactive approach towards the WGIP.
The first part of the day was dedicated to the continuation of agenda item 4(c), Indigenous peoples and conflict prevention and resolution where Mr Blackman presented his thesis about contemporary conflicts that are labeled as “ethnic” or “local”. According to Mr. Blackman, these definitions are designed to mask the State’s responsibility of their past or present colonialist behavior. Mr. Blackman also quoted the Special Reporter, Mr Stavonhaguen: " it is the negation of the right for the self-determination which creates these conflicts; not the demand this right ".
Although the day was filled with informative debates and propositions,
questions and various issues remain without answers. The Working Group on Indigenous
Populations is the largest meeting of Indigenous Peoples within United Nations;
however this U.N body is still struggling to ensure that the Indigenous Peoples
human rights and freedoms are respected.