Indigenous Peoples Indigenous Peoples in International Lawin International Law

Analysing the Position of Analysing the Position of Indigenous Peoples within Indigenous Peoples within

the International Law the International Law FrameworkFramework

Who are Indigenous Who are Indigenous Peoples?Peoples?

• Indigenous peoples inhabit large areas of the earth's surface. Spread across the world from the Arctic to the South Pacific, they number, at a rough estimate, some 300 million.

• Indigenous or aboriginal peoples are so-called because they were living on their lands before settlers came from elsewhere; they are the descendants - according to one definition - of those who inhabited a country or a geographical region at the time when people of different cultures or ethnic origins arrived, the new arrivals later becoming dominant through conquest, occupation, settlement or other means.  

What is International What is International Law?Law?

• Treaties• Customary Law• Indigenous Law • United Nations Framework

The United NationsThe United Nations

Where do Indigenous Where do Indigenous Peoples fit in?Peoples fit in?

Where do Maori fit in?Where do Maori fit in?

We need to fit into the definition of ‘INDIGENOUS

PEOPLES’ if we want access to

international law

Why is definition so Why is definition so important?important?

Normally only STATES have an ‘identity’ or presence at international law Indigenous People are an EXCEPTION to that rule If international law doesn’t recognise us as ‘states’ then fitting into the definition of ‘indigenous peoples’ is the only other option

Defining INDIGENOUS original occupants of the land / vgdistinct from ‘minority’

Defining PEOPLESliteral interpretation

USA-led interpretation indigenous peoples interpretation

Playing with the definition of Indigenous Peoples is

essentially just a high stakes game to exclude our people from access to

international law – therefore hoping to exclude us from

Influencing the shape of international law

(making us voiceless)Asserting our rights at international law

(making us powerless) Holding other states accountable to us

(making us perpetual victims)

Why ‘Indigenous Why ‘Indigenous Peoples’ is such a Peoples’ is such a

threat..threat.. Indigenous Peoples have INALIENABLE rights

(arguments that our rights were extinguished are wrong) Indigenous Peoples have a COLLECTIVE history

(if they let one of us succeed we’ll all succeed) Indigenous Peoples SUCCESS will upset the status quo

(fears that the world ‘as we know it’ will crumble) Indigenous Peoples are STRONG and getting STRONGER

(that we may be strong enough to be in the driving seat)

These FEARS are not These FEARS are not INDIGENOUSINDIGENOUS

At the most basic levelAt the most basic level

they are the fears of they are the fears of states who have states who have

TAKEN POWER TAKEN POWER ILLEGITIMATELYILLEGITIMATELY

and don’t want to give it and don’t want to give it backback

Establishment of the United Establishment of the United Nations Nations

Permanent Forum on Permanent Forum on Indigenous IssuesIndigenous Issues

The Permanent Forum on Indigenous Issues shall serve as

an advisory body to the Council with a mandate to discuss

indigenous issues within the mandate of the Council relating to economic and social development, culture, the environment, education, health and

human rights

* The Council is the United Nations Economic and Social Council

International Covenant on International Covenant on Civil and Political Rights Civil and Political Rights

(ICCPR)(ICCPR)

All peoples have the right to self-determination.

By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development (Article 1)

• Ko te katoa o nga tangata i te whanaungatanga mai e watea ana i nga here katoa; e tauriterite ana hoki nga mana me nga tika. E whakawhiwhia ana hoki ki a ratou te ngakau whai whakaaro me te hinengaro mohio ki te tika me te he, a e tika ana kia meinga te mahi a tetahi ki tetahi me ma roto atu i te wairua o te noho tahi, ano he teina he tuakana i ringa i te whakaaro kotahi.

In those States in which ethnic, religious or linguistic

minorities exist, persons belonging to suchminorities shall NOT BE DENIED THE RIGHT, incommunity with the other members of their

group,TO ENJOY THEIR OWN CULTURE, to profess

andpractise their own religion,

OR TO USE THEIR OWN LANGUAGE

• The land issue remains crucial. National economic development generates pressure on territory still in the hands of indigenous peoples. Barren wastelands or forested hinterlands once thought to have little economic, political or military value have been identified as areas of vital importance. These developments could affect the economies and habitats, and the social, religious and cultural systems of indigenous peoples.  

•  

• The world community has long acknowledged that the distinct cultures and languages of indigenous peoples form part of the cultural heritage of humankind and deserve protection. Much more important than a means of everyday communication, language is the vehicle of culture and identity. Yet organizations defending indigenous peoples' rights cite cases where educational systems are being used to forge nations with one language, history and culture.

• Many Governments have stated that they are aware of the serious problems faced by indigenous peoples living in their territories and of the factors which have placed them among the most vulnerable groups in national societies. In some parts of the world, a permanent dialogue is taking place. In other places, direct negotiations between indigenous peoples and Governments have been instituted and are moving forward, with the aim of improving relations and guaranteeing better protection of indigenous peoples' rights.

Other important United Other important United Nations documentsNations documents

• Universal Declaration of Human Rights (UDHR)

• International Covenant on Economic, Social & Cultural Rights (ICESCR)

• Convention on the Elimination of all forms of Discrimination against Women (CEDAW)

• International Convention on the Elimination of all forms of Racial Discrimination

• UNESCO Convention against Discrimination in Education

WebsitesWebsites

United Nations Indigenous Peoples Websitehttp

://www.unhchr.ch/indigenous/main.html

United Nations - www.un.org Centre for World Indigenous Studies - http

://www.cwis.org/ World Intellectual Property Organisation -

www.wipo.org

Maori Leadership Maori Leadership

The Challenges The Challenges AheadAhead

Elevate ExpectationsElevate Expectations

Demand the best qualityDemand the best quality

Expect exceptional Expect exceptional achievementachievement

Inspire elevationInspire elevation

Move Forward Move Forward TogetherTogether

• Tautoko is a concept inherent to our peoples

• Recognise the sacredness of every person

• Leadership that leaves people behind or tramples on their wairua abandons our

tikanga Maori- our uniqueness

Maori Tu – Maori OraMaori Tu – Maori Ora

Realise Only Action Creates Change