Australia opposes UN rights declaration

15.09.2007
- AFP

The UN General Assembly adopted a non-binding declaration protecting the human, land and resources rights of the world's 370 million Indigenous people, despite opposition from Australia, Canada, New Zealand and the United States.

The vote in the assembly was 143 in favour and four against. Eleven countries, including Russia and Colombia, abstained.

The declaration, capping more than 20 years of debate at the United Nations, also recognises the right of Indigenous peoples to self-determination and sets global human rights standards for them.

It states that native people have the right "to the recognition, observance and enforcement of treaties" concluded with states or their successors.

Indigenous peoples say their lands and territories are being threatened by such things as mineral extraction, logging, environmental contamination, privatisation and development projects, classification of lands as protected areas or game reserves and use of genetically modified seeds and technology.

UN chief Ban Ki-moon hailed the vote as "a historic moment when UN member states and Indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all".

But Australia, along with Canada, New Zealand and the United States - all countries with sizeable Indigenous populations - expressed disappointment with the text.

Australia's ambassador to the UN Robert Hill told the General Assembly that the Federal Government has long expressed its dissatisfaction with the references to self-determination, adding that the declaration also places customary law above national law.

The other countries said they could not support it because of their concerns over provisions on self-determination, land and resources rights and giving Indigenous peoples a right of veto over national legislation and state management of resources.

Among contentious issues was one article saying "states shall give legal recognition and protection" to lands, territories and resources traditionally "owned, occupied or otherwise used or acquired" by Indigenous peoples.

Another bone of contention was an article upholding native peoples' right to "redress by means that can include restitution or when not possible just, fair and equitable compensation, for their lands and resources "which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent".

Opponents also objected to one provision requiring states "to consult and cooperate in good faith with the Indigenous peoples...to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilisation or exploitation of mineral, water or other resources."

Indigenous advocates note that most of the world's remaining natural resources - minerals, freshwater, potential energy sources - are found within Indigenous peoples' territories.

"Unfortunately, the provisions in the Declaration on lands, territories and resources are overly broad, unclear, and capable of a wide variety of interpretations, discounting the need to recognise a range of rights over land and possibly putting into question matters that have been settled by treaty," Canada's UN Ambassador John McNee told the assembly.

A leader of Canada's native community, Phil Fontaine, slammed his Government's stance.
"We're very disappointed with Canada's opposition to the declaration on indigenous peoples," said Mr Fontaine, leader of Assembly of First Nations, who came to New York to lobby for adoption of the text.

Canada's Indigenous population totals some 1.3 million people, out of a total population in 32.7 million.

Adoption of the declaration by the assembly had been deferred late last year at the initiative of African countries led by Namibia which raised objections about language on self-determination and the definition of "Indigenous" people.

African countries were won over after co-sponsors amended an article to read that "nothing in the declaration may be ...construed as authorising or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent states".

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UN Adopts Declaration on Rights of Indigenous Peoples
by Diane Smith
12:36, September 14th 2007

The United Nations General Assembly has adopted a resolution supporting the rights of indigenous peoples across the world, despite opposition from Australia, Canada, New Zealand and the United States.

According to this declaration, more than 300 million indigenous peoples have the right to chose their political appurtenance, preserve their traditions and administer their communities without any foreign intervention.

“Every indigenous individual has the right to a nationality,” the Declaration on the Rights of Indigenous Peoples states.

Numerous indigenous communities frequently complain about abuses, flagrant violations of human rights, most of them being reported in developing states. Indigenous peoples say they are forced to reintegrate into different cultures and leave their lands.

The resolution says they cannot be subjected to “any act of genocide or any other act of violence, including forcibly removing children of the group to another group.” Also, indigenous peoples can manage their own cultural and religious sites, along with separate education systems.

The declaration was approved by 143 countries, four rejecting the treaty, while eleven abstained. The US said the declaration does not comply with existing national laws.

“Under the United States domestic law, the US recognizes Indian tribes as political entities with inherent powers of self-government as first peoples,” US delegate Robert Hagen said.

“In our legal system, the federal government has a government-to-government relationship with Indian tribes.”

Nevertheless, the government “will continue its vigorous efforts to promote indigenous rights domestically,” he added.

A similar stance was adopted by New Zealand’s representative, Ambassador Rosemary Banks, who said such treaties recognizing the right of indigenous peoples exist in her country for a long period.

She said the UN declaration was drafted with the help of New Zealand’s government, but several gaps are present and that is why she opposed the resolution.

“It is with genuine regret and disappointment therefore that New Zealand is unable to support the declaration,” Banks said.

The Declaration on the Rights of Indigenous Peoples has 46 articles, most of them having the Universal Declaration on Human Rights as backbone.

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