Indigenous Peoples Issues - Mining and the Environment: From Ore to Metal - page 664

16.6 RIGHTS OF INDIGENOUS PEOPLES

As for all human groups, Indigenous Peoples have certain well-dei ned rights. Moreover,
in addition to these universal rights, Indigenous Peoples are protected by the provisions of
various international or national laws that apply specii cally to them.
First, international law is intended to guarantee to all people certain universal human
rights, and Indigenous Peoples are covered by a category of general international human
rights law. In many countries, the nation, or separate states within a country, also guaran-
tee to all citizens certain civil, political, and social rights.
In looking to understand the rights of Indigenous Peoples, it is important to be aware
of the origin of any statement of rights. Many statements of human rights, for example
those which derive from the respected Brundtland Report, are still premised on a western
perspective of what those rights should be, and both intentionally and unintentionally seek
to protect non-indigenous interests in the main. Recent experience indicates that any state-
ment of rights that does not truly derive from Indigenous Peoples, or that does not protect
them, will be rejected by Indigenous Peoples - and their advocates ( Case 16.1 ).
There are a number of inl uential and respected international non-government organi-
zations (NGOs) concerned with the rights of Indigenous Peoples. Some of the most prom-
inent include:
●

In looking to understand the
rights of Indigenous Peoples, it
is important to be aware of the
origin of any statement of rights.

Amnesty International;

●

Cultural Survival;

●

Indigenous World Association;

●

International Workgroup for Indigenous Affairs;

●

Survival International, and

●

Oxfam and Community Aid Abroad.

The larger NGOs are well-organized, well-informed, and command respect. They
have tended to act to counter-balance the inevitable bias of national governments in pre-
scribing the rights of people, and in so doing play an important advocacy role on behalf
of Indigenous Peoples. NGOs are worth listening to and are a good source of advice. It
should be recognized, however, that in their efforts to protect Indigenous Peoples, NGOs

CASE 16.1
Development of an International Declaration of Rights for Indigenous Peoples

From 1957 to 1982, the International Labour Organization
(ILO) was the sole international law body concerned with
Indigenous Peoples rights. In 1957 it promulgated ILO
Convention 107. This tended to refl ect the views of settler
societies and to promote the integration of indigenous
populations into the changing society.
By the 1980s this was seen as unacceptable and there
emerged the revised ILO Convention 169.
In 2007 the United Nations' General Assembly,
after over a decade of debate and contention, passed the
Declaration of the Rights of Indigenous Peoples.
The Declaration rejects the assimilationist orientations of

ILO 107, and recognizes Indigenous Peoples' basic
human rights and fundamental freedoms, including the
right not to be dispossessed of their lands, territories,
and resources.
In Part I, the document makes all previous human
rights instruments applicable to Indigenous Peoples. Part II
sets out guarantees of cultural rights. Part III describes
property rights. Part IV deals with economic and social
systems. Part V provides standards for self-determination.
Part VI describes a process for resolution of confl ict, defi nes
the purpose of the declaration, and prohibits nation states
from using the declaration against Indigenous Peoples.