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Natives gather in Kota Kinabalu March 9 to protest government over land-grabs and NCR

Dear Borneo Heralders,

There is a peaceful gathering by DAP at Penampang Padang today March 9, in protest of land-grabs incidents and NCR issues in Sabah. We re-published here UNDRIP, the UN Declaration on the Rights of Indigenous Peoples for your perusal..

The UN Declaration on the Rights of Indigenous Peoples

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Part of a series on
Indigenous rights
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Conflict resolution · Cultural diversity
Cultural heritage · Forced assimilation
Forced relocation · Freedom of religion
Gender equality · Human rights
Intellectual property · Land rights
Land-use planning · Language
Racial discrimination · Right to identity
Self-determination · Traditional knowledge
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Survival International · UNPO · (more ...)
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Legal representation
ILO 169 · United Nations Declaration
The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 62nd session at UN Headquarters in New York City on 13 September 2007.
While as a General Assembly Declaration it is not a legally binding instrument under international law, according to a UN press release, it does "represent the dynamic development of international legal norms and it reflects the commitment of the UN's member states to move in certain directions"; the UN describes it as setting "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation."[1]



[edit] Purpose

The Declaration sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education and other issues. It also "emphasizes the rights of indigenous peoples to maintain and strengthen their own institutions, cultures and traditions, and to pursue their development in keeping with their own needs and aspirations". [1] It "prohibits discrimination against indigenous peoples", and it "promotes their full and effective participation in all matters that concern them and their right to remain distinct and to pursue their own visions of economic and social development".[1][2] The goal of the Declaration is to encourage countries to work alongside indigenous peoples to solve global issues, like development, multicultural democracy and decentralization[3] . According to Article 31, there is a major emphasis that the indigenous peoples will be able to protect their cultural heritage and other aspects of their culture and tradition, which is extremely important in preserving their heritage.

[edit] Content

The Declaration is structured as a United Nations resolution, with 23 preambular clauses and 46 articles. Articles 1–40 concern particular individual and collective rights of indigenous peoples; many of them include state obligations to protect or fulfill those rights. Articles 41 and 42 concern the role of the United Nations. Articles 43–45 indicate that the rights in the declaration apply without distinction to indigenous men and women, and that the rights in the Declaration are "the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world," and do not in any way limit greater rights. Article 46 discusses the Declaration's consistency with other internationally agreed goals, and the framework for interpreting the rights declared within it.

[edit] Article 1

Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.[4]

[edit] Article 2

Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.[4]

[edit] Article 3

Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.[4]

[edit] Article 4

Indigenous people, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.[4]
Self-determination is recognized by the United Nations and indigenous peoples alike as a pre-existing condition for the ability to exercise any additional human rights. It is seen as an inherent right and a fundamental necessity towards a democratic system. Without self-determination, a political body is unable to work towards and achieve a desirable and consensual goal.[5]

[edit] Article 5

Indigenous people have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.[4]

[edit] Article 6

Every indigenous individual has the right to a nationality.[4]
The right to a nationality, or legal citizenship in at least one state, ensures that indigenous peoples do not experience the difficulties of statelessness. This reaffirms the right in Article 7 of the Convention on the Rights of the Child for indigenous people.[6]

[edit] Article 7

Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.[4]

[edit] Article 8

Article 8 guarantees "the right not to be subjected to forced assimilation or destruction of their culture" to each indigenous people and to indigenous individuals. It requires states to effectively prevent the following actions:
  • "depriving [indigenous peoples] of their integrity as distinct peoples, or of their cultural values or ethnic identities"
  • dispossession of "lands, territories or resources"
  • "forced population transfer" which violates or undermines indigenous rights;
  • "forced assimilation or integration"
  • "propaganda designed to promote or incite racial or ethnic discrimination" against indigenous peoples
States must also provide effective redress when such actions occur.[4] Scholar of law Siegfried Wiessner argues that Article 8 introduces a "novel prohibition of ethnocide against indigenous peoples" into international law.[7]

[edit] Article 9

Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.[4]

[edit] Article 10

Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.[4]

[edit] Article 11

This article has two parts. The first addresses the rights of indigenous peoples to maintain and to further their own cultural practices and traditions specifically their cultural and intellectual property. The second part says that states should attempt to make reparations for all the cultural property and knowledge that was taken from indigenous peoples forcefully or without their consent.[4]
Informed consent is a voluntarily and decisional capacitated consent. Consent is known to be entirely acquainted when a fully competent party to whom entire disclosures and have been clarified and to whom fully grasps what has been disclosed voluntarily agrees to the terms.[8]

[edit] Article 12

Article 12 addresses the rights of indigenous individuals and peoples regarding religious and ceremonial practices. It asserts their right to:
  • "manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies"
  • "maintain, protect, and have access in privacy to their religious and cultural sites"
  • "use and control their ceremonial objects"
  • "repatriation of their human remains"
"States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession" through just, explicit, and efficient methods developed through consultation with indigenous peoples involved.[4]

[edit] Article 13

This article discusses the rights of indigenous people to
  • "Revitalize, use, develop, and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems, literatures, and to designate and retain their own names for communities, place, and persons"
  • "States shall also take effective measures to ensure that this right is protected and understood in legal and administrative proceedings"

[edit] Article 14

1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.

[edit] Article 15

1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.

[edit] Article 16

1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.

[edit] Negotiation and adoption

The Declaration was over 25 years in the making. The idea originated in 1982 when the UN Economic and Social Council (ECOSOC) set up its Working Group on Indigenous Populations (WGIP), established as a result of a study by Special Rapporteur José R. Martínez Cobo on the problem of discrimination faced by indigenous peoples. Tasked with developing human rights standards that would protect indigenous peoples, in 1985 the Working Group began working on drafting the Declaration on the Rights of Indigenous Peoples. The draft was finished in 1993 and was submitted to the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, which gave its approval the following year. During this the International Labour Organisation adopted the Indigenous and Tribal Peoples Convention, 1989.
The Draft Declaration was then referred to the Commission on Human Rights, which established another Working Group to examine its terms. Over the following years this Working Group met on 11 occasions to examine and fine-tune the Draft Declaration and its provisions. Progress was slow because of certain states' concerns regarding some key provisions of the Declaration, such as indigenous peoples' right to self-determination and the control over natural resources existing on indigenous peoples' traditional lands.[9] The final version of the Declaration was adopted on 29 June 2006 by the 47-member Human Rights Council (the successor body to the Commission on Human Rights), with 30 member states in favour, 2 against, 12 abstentions, and 3 absentees.[10]
The Declaration was then referred to the General Assembly, which voted on the adoption of the proposal on 13 September 2007 during its 61st regular session. The vote was 143 countries in favour, 4 against, and 11 abstaining.[11] The four member states that voted against were Australia, Canada, New Zealand and the United States, all of which have their origins as colonies of the United Kingdom and have large non-indigenous immigrant majorities and small remnant indigenous populations. Since then, all four countries have moved to endorse the declaration. The abstaining countries were Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine; another 34 member states were absent from the vote.[12] Colombia and Samoa have since endorsed the document.[13]

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