(Remembering the UN Declaration on the Rights of Indigenous Peoples on 13th September 2007)
Solemwon Ramsan
The waves of invasion have had great impact in the existence of indigenous peoples. It was a widespread phenomenon with the usage of different means in order to assimilate them into the greater society. The process of seizure of land and territories was a common phenomenon widespread in all nation-state made through treaties, policies, and agreements. In such processes, the indigenous people are greatly affected reducing them to a landless people, leaving them marginalized and impoverished. The introduction of dominant culture reduces their unique social, cultural, and their traditional system, diluting their distinctiveness. Such experience is encountered by indigenous people in the US, Canada, New Zealand, Australia and various other parts, in the tropical regions and other areas especially where huge resources are found.
The attempt of the indigenous people to bring their issues to the forefront has been a long struggle. It’s strive for recognition at the international level started even before the formation of the United Nation. The struggle of the indigenous people is one of a tough battle due to the challenge directed against the nation-state. With the adoption of the Universal Declaration of Human Rights in 1948, it became the standard for human rights which ensures equal protection of all people without any discrimination. Subsequently various Conventions were passed under the system of UN based on different issues. An international instrument especially for indigenous people and an attempt to codify the obligation of States on indigenous peoples was under the ILO Convention on Indigenous and Tribal Populations, 1957 (No.107) which India was a signatory to it. Later a revised version was adoption as ILO Convention No.169.
As minority rights began to be recognized, in the 70s and early 80s, indigenous rights movement too began to evolve, and the issue of indigenous rights began to enter the international forum. A major step for the indigenous people transpired when the UN Sub-commission appointed Special Rapporteur Martinez Cobo to look into the discrimination of indigenous populations in 1971. And through the Report submitted by the Rapporteur which contained a detailed study of the conditions and situations of the indigenous people, there surfaced the need to establish a Working Group to address the issues more seriously and in a more focused way. The Working Group became the only forum that deals with human rights issues of indigenous people and its working involves direct participation of the indigenous people which is a significant difference in formulating decisions. Marking the day of the first meeting of the UN Working Group on Indigenous Populations of the Sub commission on Prevention of Discrimination and Protection of Minorities of the Commission on Human Rights in 1982, the International Day of the World’s Indigenous People have been observed on 9th August every year. And it became the mandate of the Working Group to formulate the Draft Declaration of the Indigenous people.
The drafting of Declaration of the Indigenous people is a complicated and one of a long process. Disagreement between indigenous people and the State revolves around many issues, starting from the terminological usage of ‘peoples’ underlining collective rights, allowing free, prior and informed consent, their rights to land, territories and resources and their right to self-determination. Another obscure notion is the presence of indigenous people within the State, as some States refuse their presence while some claim its entire people to be indigenous. Such denial by the State associates granting of rights.
Recognizing the indigenous people and their rights, the General Assembly adopted the United Declaration on the rights of indigenous peoples on 13th September 2007. Amidst controversial debates on the usage of the term “peoples”, the collective rights of the indigenous people came to be recognized. It asserts the equality of all people, and their right to full enjoyment of all human rights as collective or as individuals. Their right to self-determination was recognized limiting it to internal aspect to have the right to autonomy in matters of internal and local affairs in having the right to maintain their distinct political, legal, economic, social and cultural institutions. It affirms the right to live as distinct people and ascertains the right to land, territories and resources which they have traditionally owned. It further emphasizes the need of free, prior and informed consent of the indigenous peoples with respect to their land and territories.
As such, the UN through the Declaration sets a new standard for the protection of indigenous people. The Declaration being a non-binding document is not legally bound by its provisions. But it is an acceptance of the indigenous people in the international community and also within the States, and it calls the member States for affirmative and concerted measures for addressing the disadvantaged conditions of indigenous peoples to align with the international standard of human rights. The realization of the Declaration depends upon the effort of the Member State by making laws in line with the existing standard and ensuring the implementation of it. And so does for India, being one of the signatories in the UNDRIP, calls for its responsibility towards the realization of indigenous rights.
