UN Adopts Indigenous Rights Pact, But Disagreements Persist

Patrick Goodenough

International Editor

(CNSNews.com) - After more than two decades of debate, the U.N. General Assembly Thursday adopted a declaration on indigenous rights, but Western countries with sizeable indigenous populations cried foul.

The United States, Canada, Australia and New Zealand voted against the declaration, which is intended to set an international standard for the treatment of native peoples. It passed by 143 votes to four, with 11 abstentions and is not legally binding.

Among the more contentious of the 46 articles is one, article 19, saying that member states must consult with indigenous peoples' representatives "to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them."

Dissenting governments argued that the clause implies that a government cannot act in areas that affect both indigenous and non-indigenous citizens without the consent of one sub-group -- giving that sub-group an effective veto power over the actions of governments and legislatures meant to apply equally to everyone.

That was not a position that a government democratically chosen to represent the interests of all its citizens could accept, Australia's representative told a meeting of a U.N. indigenous issues forum (UNPFII) earlier this year, speaking on behalf of Australia, the U.S. and New Zealand.

Another sensitive clause, article 28, provides for redress by way of restitution or compensation, for land and resources "traditionally owned or otherwise occupied or used" by native peoples, "and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent."

Canada's U.N. envoy, John McNee, said Thursday the provisions on land and resources "are overly broad, unclear and capable of a wide variety of interpretations." They could call into question matters that have been settled by treaty, he said.

McNee also said the process of negotiating the declaration had over the past year not been "open, inclusive or transparent."

New Zealand's government Friday pointed to clauses giving indigenous people the right to land and resources they have traditionally owned, occupied or otherwise used, and observed: "For New Zealand this covers potentially the entire country."

U.N. Secretary-General Ban Ki-moon said in a statement released by his office that the adoption of the resolution was "a historic moment when U.N. 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."

The UNPFII estimates that there are more than 370 million indigenous people in some 70 countries worldwide.

The forum -- comprising 16 "independent experts," half nominated by governments and half by indigenous organizations -- has argued that the declaration does not create any new human rights or special category for indigenous people.

The governments disagreeing with that argument include both conservative and liberal ones.

"As it currently stands ... it would provide rights to a group of people which would be to the exclusion of others," Mal Brough, Indigenous Affairs Minister in the center-right Australian government, said in a radio interview Friday, arguing that Australians would regard it as unfair.

The stance was echoed by New Zealand's center-left Labor government, whose Maori Affairs Minister, Parekura Horomia, said Friday the document was incompatible with current law, implying different classes of citizenship and giving indigenous people rights that other citizens do not have.

A leading Australian Aboriginal representative, Tom Calma, said he regretted that Australia and the three other countries had opposed the declaration, saying their arguments did not have a sound basis.

"I am confident, that as the declaration is implemented, these concerns will prove to have been unfounded," Calma said.

New Zealand's Maori Party slammed the government for "its collusion with Australia, Canada and America in defiance of the United Nations."

Party co-leader Tariana Turia said it was clear the government regards indigenous people as "sub-human with only sub-human rights."

About 530,000 of New Zealand's 4.2 million people (12.6 percent) are of Maori ethnicity, and some 460,000 of Australia's 20.4 million people (2.3 percent) are indigenous.

In Canada's 2001 census, just over 975,000 people identified themselves as indigenous, or 3.3 percent of the total population.

The U.S. population census of 2000 recorded 4.1 million people, or 1.5 percent of the then-total population, as American Indians and Alaska Natives. Of those, 1.6 million reported American Indian and Alaska Native as well as one or more other races.

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