Rights of Indigenous Peoples
States still quibble over draft declaration
Kaieteur News, 21 August 2007
The draft Declaration on the Rights of Indigenous Peoples, after many
years of negotiation between member-states and representatives of
indigenous peoples and human rights organizations, was finally tabled
in late 2006 for consideration by the United Nations General Assembly.
The draft Declaration has generated much discussion, and has seen the
voicing of concerns by member-states and intensive lobbying by
non-governmental organisations.
Although adopted by the Human Rights Council, a body which consists of
47 members, and commended to the United Nations General Assembly by
that body, the draft declaration did not enjoy broad-based consensus
among the wider membership of the United Nations.
This is because there are several contentious areas which treat with
such issues as self determination; self government and indigenous
institutions; lands, territories and resources; redress; free, prior
and informed consent; rights of third parties; intellectual property
rights; military issues and education.
Given the insistence of some States that the draft Declaration be
adopted without amendments, a large number of States, particularly
within the African Group, have expressed their concern at this
possibility. The General Assembly decided accordingly that
consideration of the Declaration be deferred, but acted upon prior to
the conclusion of its 61 st Session.
This session will conclude within the next few weeks.
The rationale for the deferral of consideration was to allow Member
States the opportunity to further consult with the view to achieving
the broadest possible consensus. For small states like Guyana , with a
significant Amerindian population, this opportunity to share views and
make inputs on the text was timely and welcomed, particularly since
Guyana , which does not have a Mission in Geneva , was constrained in
participating in the lengthy preparation of the draft Declaration.
The concerns expressed by States on the current draft are genuine and
deserving of consideration, in a spirit of mutual respect and
accommodation, as well as in recognition of the need to further promote
the rights of indigenous peoples. It is for this reason that Guyana has
consistently advocated that the draft Declaration should not become an
instrument of division or fragmentation in states or societies.
As a consequence of the decision of the United Nations General Assembly
to defer consideration of the draft Declaration in the hope of
achieving a more inclusive document, the delegation of Guyana along
with many other states approached the President of the United Nations
General Assembly with the aim of ascertaining the way forward to
address the areas of concern, including the amendments tabled, by the
African Group and others.
The Government of Guyana unequivocally supports a Declaration on the
Rights of Indigenous Peoples in the belief that such a document would
strengthen global efforts to promote and protect the rights of
Indigenous Peoples.
However, the government is concerned, as are many other states, that
some of the provisions lack clarity and could create expectations that
are out of consonance with the fundamental spirit and intent of the
Declaration as well as our National Constitution and the United Nations
Charter.
The Government of Guyana has demonstrated over the years its commitment
to the welfare of Amerindians and continuously upholds their rights.
At the international level, Guyana has actively participated in every
session of the Permanent Forum on Indigenous Issues in New York , the
creation of which it fully supported.
Guyana also co-sponsored United Nations General Assembly Resolution No.
59/174 on December 20, 2004, which called for the observance of the
International Decade of the World's Indigenous People.
The Government of Guyana is concerned about the delay in finalising the
Declaration and will continue to advocate for an appropriate,
transparent, flexible and inclusive process, which would allow for the
building of consensus and adoption of the Declaration within the
current Session of the General Assembly.
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