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Friday, October 3, 2014

doCip: UNHLPM Outcome Document : Documento Final

Docip logo 4languesR
Dear friends,
Docip has the pleasure to inform you that the Outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples (WCIP) is available here. After its adoption, on September 22, 2014, the Holy See delegation expressed reservation on language regarding reproductive rights in operative paragraph 13. For its part, Canada issued a statement available here to explain its position on the Outcome document.
Docip has finalised a chart highlighting the changes made in the successive drafts of the outcome document. Click here to read and download the chart (in English only). The colour codes are explained at the top of the chart.
You will find all documents and statements relating to the WCIP in Docip’s documentary database here .
Kind regards,
Nathalie Gerber McCrae
Information and Secretariat Coordinator
Docip - Indigenous Peoples' Center
for Documentation, Research and Information
106, route de Ferney
CH 1202 - GENEVA (Switzerland)
Tel.: +4122 - 740 34 33
e-mail: secretariat@docip.org - docip@docip.org
www.docip.org

Wednesday, October 1, 2014

Conferencia Mundial Documento Final: Los Estados Ganan su Dominación


RPAN de la ONU [CMPI]
Los Estados Ganan su Dominación
Publicado el Indian Country Today Media Network.com
09/27/14

Si la parte más importante de cualquier conferencia mundial de las Naciones Unidas o de una reunión plenaria de alto nivel es el Documento Final, entonces los estados eran los beneficiarios del documento aprobado en la Reunión Plenaria de Alto Nivel que se conoce como la Conferencia Mundial de los Pueblos Indígenas (CMPI), celebrada recientemente en Nueva York.

La conferencia se llevó a cabo por los estados para formar un acuerdo sobre la aplicación de la Declaración de la ONU sobre los Derechos de los Pueblos Indígenas (DDPI-ONU). Que la conferencia de dos días se necesita ahora - después de que la Asamblea General de la ONU adoptó la Declaración el 13 de septiembre de 2007 - habla del sin prisas los estados han tomado para promover los derechos humanos de los 379 millones de los Pueblos Indígenas del mundo.

El documento final (DF) se preparó antes de la CMPI y fue adoptada por los estados miembros de la ONU sin votación el lunes 22 de septiembre.  El DF reafirma el compromiso de los Estados para apoyar la Declaración y se compromete a consultar y cooperar con los pueblos indígenas y obtener su consentimiento libre, previo e informado (CLPI) antes de hacer cualquier cosa que afecte a sus tierras y recursos. El documento también compromete a los Estados a "empoderar" a los pueblos indígenas, para mejorar el acceso a la educación "apropiada", la salud y el desarrollo económico y para hacer que la eliminación de la violencia contra los pueblos indígenas, especialmente contra las mujeres, una prioridad.

En esencia, el DF compromete a los estados a aplicar los derechos humanos comprometidos en la adopción de la Declaración de hace siete años.

Los pueblos indígenas no participaron en la redacción del Documento Final, aparte de su aporte durante el proceso de preparación, dijo ICTMN columnista Dina Gilio-Whitaker. "El Documento Final de la RPAN, como se esperaba, no hace nuevos compromisos revolucionarios para elevar la condición política de los pueblos indígenas en las Naciones Unidas."

Gilio-Whittaker señaló que el Consejo Internacional de Tratados Indios emitió una declaración reconociendo el compromiso de los estados para fortalecer los esfuerzos hacia la repatriación de los bienes culturales y de culto y de restos humanos y reconoció secciones reconocidos del documento que alentar a los Estados a incorporar DDPI más plenamente con sus obligaciones en cuanto de derechos humanos.

Pero la declaración del Consejo del Tratado también expresó su arrepentirá de que a "el documento final resultado de la CMPI no incluyó una referencia específica al desarrollo de un mecanismo de supervisión internacional para la observancia de los tratados, convenios y otros Acuerdos Constructivos "como se recomienda en el Documento Final de la Alta. El Documento de Alta fue creado como una hoja de ruta para la CMPI por representantes de los pueblos indígenas de todas las regiones geopolíticas globales del mundo en la Conferencia Preparatoria Indígena Global en Alta, Noruega en junio de 2013.

"Además, se adoptó el documento con reservas por parte de la Santa Sede (una objeción a una cláusula de garantía de los derechos reproductivos) y Canadá (que se opone al concepto de "consentimiento libre, previo e informado"), dijo Gilio-Whitaker. "Reservas" significa que los gobiernos de los estados optan no aceptar de dichas cláusulas que ésta denuncia, y es posible que más gobiernos se registrarán formalmente por escrito reservas, dijo.

Pueblos indígenas consiguieron mucho menos en el DF de lo que querían en base a sus recomendaciones en Alta, pero se hicieron modestas ganancias, dijo Gilio-Whittaker. "El Documento Final CMPI es parte de un creciente conjunto de protocolos internacionales que en conjunto pueden ser vistos como una acumulación gradual de poder político para los pueblos indígenas en el sistema de la ONU. Lo que los pueblos indígenas salieron de la Conferencia Mundial, aunque de manera imperfecta, es mayor el reconocimiento de sus derechos en el sistema internacional "

No todo el mundo está de acuerdo. Glenn Morris, profesor titular de Ciencia Política en la Universidad de Colorado en Denver, no asistió a la conferencia, pero vio la transmisión en vivo con sus alumnos. No hubo sorpresas, se dijo a ICTMN.

"Encontré que la reunión sea un éxito predecible para los estados miembros de la ONU", dijo Morris. "Del mismo modo, marcó un retroceso de los 40 años de lucha internacional para la liberación de los Pueblos Indígenas que se llevó a cabo después de la liberación de Wounded Knee en 1973."

Morris apoyó la llamada realizada a principios de este año por el Caucus Indígena Norte America (NAIPC) por "consenso absoluto" para la cancelación de la CMPI después que el entonces presidente de la Asamblea General John Ashe dejo claro que los pueblos indígenas no tendrían plena e igualitaria participación a la par con los Estados en la preparación y en los procesos de la conferencia.  Algunos miembros NAIPC posteriormente se distanciaron de esa decisión.  Pero la posición oficial de NAIPC - y su disidente voz - no se escuchó en la WCIP por consecuencia de que la Presidenta NAIPC Debra Harry no participó en la RPAN.
Morris dijo que cuatro principios esenciales que han definido las últimas cuatro décadas de lucha por los derechos indígenas en la arena internacional han sido excluidos de la "llamada" DF:

1.     Libre-determinación: El derecho de las naciones indígenas tienen a determinar libremente su condición política y perseguir libremente su desarrollo económico, social y cultural es una característica de la DNUDPI, pero no se menciona ni una vez en el DF.

2.     La personalidad internacional de las naciones indígenas y el carácter internacional de los tratados entre naciones indígenas y los estados invasores: De que los pueblos indígenas no son naciones conquistadas y no son justamente sujetos a la dominación de Estados de colonos es una extensión del principio de la libre determinación, dijo Morris.  Del mismo modo, los tratados entre los pueblos indígenas y los estados invasores debe otorgar estatus internacional y ser objeto de arbitraje internacional e imparcial. No se menciona, en absoluto, de los tratados entre naciones indígenas y los estados de la DF.

3.     El derecho de los pueblos indígenas a controlar sus territorios, recursos naturales y conocimientos tradicionales: No hay garantías en el DF para asegurar el consentimiento libre, previo e informado (CLPI) de los pueblos indígenas antes de la invasión estatal o corporativos en estas áreas.  Cualquier referencia a CLPI en la DF son gratuitos, y se han quedado sin sentido.

4.    Desmantelar de la Doctrina de Descubrimiento Cristiana 1492.  El lecho de roca legal sobre el cual todos los Estados Unidos, Canadá y otros estados invasores racionalizan su dominación y la destrucción de los pueblos indígenas, se deja totalmente sin examinar e intacto en el DF.

"¿Cómo pueden los estados hacer pretensión de honestidad en aplicación del espíritu de la DDPI, mientras ignorando estas cuatro áreas esenciales?", Dijo Morris.

Algunas personas argumentaron que "Si no están en la mesa, es probable que estés en el menú" durante los debates de NAIPC sobre la retirada de la WCIP, dijo Morris, pero otro pensamiento relacionado menú vino a la mente mientras observaba la WCIP en el internet. "[Fue] del gran escritor Uruguayo Eduardo Galeano.  Dijo Galeano: 'Su participación en este proceso le permite sugerir la salsa con la que te comerán' ", dijo Morris. "Eso es lo más que salió de este encuentro de los pueblos indígenas - la capacidad de participar en la elección de los métodos que estados invasores usarán para destruirnos."

Gale Courey Toensing

Fuente URL: http://indiancountrytodaymedianetwork.com/2014/09/27/world-conference-resultados-documento- estados-win-157087

Published on Indian Country Today Media Network.com  (http://indiancountrytodaymedianetwork.com)
###

Traducción: TONATIERRA
*****************************************************
Palabra de Arthur Manuel

"Esta WCIP Falsa (CMPI) es un insulto a los pueblos indígenas."

*******


"Somos Naciones Originarias de la Madre Tierra y no consentiremos ser rebajados o dominados por el régimen de los Gobiernos-Estados del Sistema de las Naciones Unidas como poblaciones dependientes, o como meros grupos étnicos o minorías."

Tuesday, September 23, 2014

WCIP letter to Harper, Baird, Valcourt


September 23, 2014

Prime Minister Stephen Harper
Foreign Affairs Minister John Baird
AANDC Minister Bernard Valcourt

We are writing to you on an urgent basis to express our extreme disappointment in Canada’s positions and conduct yesterday at the High-Level Plenary Meeting known as the World Conference on Indigenous Peoples at the General Assembly in New York.

In his Opening Remarks, UN Secretary Ban Ki-moon set a high standard and principled tone for the Conference: “Indigenous peoples are central to our discourse of human rights and global development. Your deliberations and decisions will reverberate across the international community … The success of this Conference is integral to progress for all humanity.”

All States in the General Assembly agreed by consensus to the Outcome Document. Canada was the sole State in the world that requested an Explanation of Vote (EOV). Since Canada was unprepared to speak, it indicated that it would provide its EOV in writing.

Our deep-seated concerns with Canada’s EOV include the following.

Canada cannot accept para. 3 of Outcome Document on FPIC. Para. 3 reflects article 19 of the UN Declaration. Yet Canada indicated in its EOV: "Agreeing to paragraph 3 of the Outcome Document would commit Canada to work to integrate FPIC in its processes with respect to implementing legislative or administrative measures affecting Aboriginal peoples. This would run counter to Canada’s constitution, and if implemented, would risk fettering Parliamentary supremacy." However, with the enactment of the Constitution Act, 1982, "the Canadian system of government was transformed to a significant extent from a system of Parliamentary supremacy to one of constitutional supremacy." (Reference re Secession of Québec, para. 72) In Tsilhqot'in Nation, the Supreme Court ruled that, in the absence of Aboriginal consent, "legislation may be rendered inapplicable going forward to the extent that it unjustifiably infringes Aboriginal title." (para. 92)

FPIC constitutes a "veto". The term "veto" does not exist in the UN Declaration. Canada has never explained what constitutes "consent" and what "constitutes a "veto". Is "veto" absolute? Is "veto" synonymous with "consent"? The government has refused for years to discuss or explain its positions. The right to FPIC is not absolute. No rights in the Declaration are absolute, except for the right not to be subjected to genocide. In international human rights law, human rights are generally relative and not absolute.

Canada interprets FPIC as only consultation – not consent. This is incorrect. In Tsilhqot'in Nation, the Supreme Court used the term "consent" in 9 paragraphs and the "right to control" the land in 11 paras. The Court added that the "right to control" means "consent" must be obtained from Aboriginal titleholders. It is wrong for Canada to claim that para. 3 of the Outcome Document – which reflects FPIC in the Declaration – would "run counter to Canada's Constitution". Canada cannot disregard the rulings of its highest Court.

Canada cannot support para. 4 of Outcome Document. Para. 4 indicates that States will "uphold the principles of the Declaration". The government is treating the principles in the UN Declaration as absolute and therefore inconsistent with Canadian law. In regard to the Declaration, Canada indicated in 2012 to the UN Committee on the Elimination on Racial Discrimination: "While [the Declaration] had no direct legal effect in Canada, Canadian courts could consult international law sources when interpreting Canadian laws, including the Constitution." (CERD, Summary record of 1242nd meeting on 23 February 2012, UN Doc.CERD/C/SR.2142 (2 March 2012), para. 39)

Canada contradicted its own endorsement. All of the above arguments by Canada contradict its own endorsement of the UN Declaration. In its endorsement, the government ultimately concluded: "We are now confident that Canada can interpret the principles expressed in the Declaration in a manner that is consistent with our Constitution and legal framework." In its EOV, Canada reproduced many aspects of its endorsement. However, the government intentionally omitted the above key conclusion. This constitutes bad faith. Canada has failed to uphold the honour of the Crown. Canada has misled the General Assembly, member States and Indigenous peoples globally.

Further, on 1 May 2008, over 100 scholars and experts in Canadian constitutional and international law signed an "Open Letter" indicating that the Declaration was "consistent with the Canadian Constitution and Charter ... Government claims to the contrary do a grave disservice to the cause of human rights and to the promotion of harmonious and cooperative relations." Your government was provided with a copy of the Open Letter in May 2008.

No customary international law in Declaration. According to the September 2010 Report to the UN Human Rights Council by former Special Rapporteur James Anaya, this position of Canada on customary international law is "manifestly untenable" (UN Doc. A/HRC/15/37/Add.1 (15 September 2010), para. 112). For example, it is widely accepted internationally that the prohibition against racial discrimination and the right of self-determination constitutes customary international law – both of which are in the Declaration. In regard to the right of self- determination, Canada argued it was customary international law before the Supreme Court in Reference re Secession of Québec. Moreover, according to the two human rights Covenants, Canada has an affirmative obligation to promote and respect this collective human right.

Canada as protector of Indigenous rights. It is inaccurate for Canada to claim that it "is committed to promoting and protecting the rights of Indigenous peoples at home and abroad". For example, Canada's impoverished position in the Tsilhqot'in Nation case that Aboriginal title as limited to small spots was soundly rejected by the Supreme Court. Canada's current attempt to undermine Indigenous peoples' status as "peoples" within the Convention on Biological Diversity is one of many international examples.

Canada's failure to consult Indigenous peoples. The ongoing failure to consult Indigenous rights-holders for many years leaves Canada in a position where it continues to violate the UN Declaration and – before the "ink is dry" – the consensus Outcome Document for the WCIP. This repeated failure to consult violates Canada's duty under Canadian constitutional and international law.

As you are aware, Indigenous peoples in Canada and globally worked diligently and cooperatively with States for 30 years on the formulation, adoption and implementation of the UN Declaration on the Rights of Indigenous Peoples. It is unacceptable that Canada is the sole State in the world challenging this consensus human rights instrument – particularly with false arguments.

In light of the seriousness of the actions of the Canadian government, we respectfully call for a complete retraction of Canada’s EOV without qualification. Should Canada fail to retract its EOV by 6 p.m. today, we will have no choice but to immediately write to the President of the General Assembly, member States and Indigenous peoples globally to express the above concerns and challenge the veracity of Canada's EOV.

Respectfully,


Assembly of First Nations
Native Women’s Association of Canada
Grand Council of the Crees (Eeyou Istchee)
First Nations Summit
Federation of Saskatchewan Indian Nations
Indigenous World Association
Amnesty International
Canadian Friends Service Committee
Union of BC Indian Chiefs
American Indian Law Alliance

### 



UNHLPM Outcome document adopted by UN General Assembly 22 September 2014

SWAP MEET at the UN
 
In fetal form, the United Nations Declaration on the Rights of Indigenous Peoples is being aborted before the world community before it can deliver on normalizing the standards articulated in its provisions, before it can provide the necessary global framework to institute a Convention on the Rights of Indigenous Peoples, and instead is being SWAP(ed) for a System Wide Action Plan to be developed under the complete control of the UN bureaucracy, modeled after the administration of the British Empire.  Minions required.

WE DENY CONSENT.
*******
[31.       We request the Secretary-General, in consultation and cooperation with indigenous peoples, the Inter-Agency Support Group on Indigenous Peoples’ Issues and Member States, to begin the development, within existing resources, of a system-wide action plan to ensure a coherent approach to achieving the ends of the Declaration and to report to the General Assembly at its seventieth session, through the Economic and Social Council, on progress made. We invite the Secretary- General to accord, by the end of the seventieth session of the Assembly, an existing senior official of the United Nations system, with access to the highest levels of decision-making within the system, responsibility for coordinating the action plan, raising awareness of the rights of indigenous peoples at the highest possible level and increasing the coherence of the activities of the system in this regard.]
************* 
There is absolutely NO MENTION at all of the Right of Self Determination of Indigenous Peoples in the Outcome Document of the UNHLPM [WCIP]. 
Adopted September 22, 2014
Sixty-ninth  session
Item 66 of the provisional agenda*
Rights of indigenous peoples


Draft resolution submitted by the President of the General Assembly
Outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous  Peoples

The General Assembly,
Adopts the following outcome document:

Outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples

1.         We, the Heads of State and Government, ministers and representatives of Member States, reaffirming our solemn commitment to the purposes and principles of the Charter of the United Nations, in a spirit of cooperation with the indigenous peoples of the world, are assembled at United Nations Headquarters in New York on 22 and 23 September 2014, on the occasion of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, to reiterate the important and continuing role of the United Nations in promoting and protecting the rights of indigenous peoples.

2.         We welcome the indigenous peoples’ preparatory processes for the World Conference, including the Global Indigenous Preparatory Conference held in Alta, Norway, in June 2013. We take note of the outcome document of the Alta Conference[1] and other contributions made by indigenous peoples. We also welcome the inclusive preparatory process for the high-level plenary meeting, including the comprehensive engagement of the representatives of indigenous peoples.

3.         We reaffirm our support for the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly on 13 September 2007,[2] and our commitments made in this respect to consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them, in accordance with the applicable principles of the Declaration.

4.         We reaffirm our solemn commitment to respect, promote and advance and in no way diminish the rights of indigenous peoples and to uphold the principles of the Declaration.

5.         In addition to the Declaration, we recall the other major achievements of the past two decades in building an international framework for the advancement of the rights and aspirations of the world’s indigenous peoples, including the establishment of the Permanent Forum on  Indigenous Issues, the creation  of  the  Expert Mechanism on the Rights of Indigenous Peoples and the establishment of the mandate of the Special Rapporteur on the rights of indigenous peoples. We commit ourselves to giving due consideration to recommendations and advice  i ssued by those bodies in cooperation with indigenous peoples.

6.         We encourage those States that have not yet ratified or acceded to the International Labour Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169),[3] to consider doing so. We recall the obligation of ratifying States under the Convention to develop coordinated and systematic action to protect the rights of indigenous peoples.

7.         We commit ourselves to taking, in consultation and  cooperation  with indigenous peoples, appropriate measures at the national level, including legislative, policy and administrative measures, to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples and to promote awareness of it among all sectors of society, including members of legislatures, the judiciary and the civil service.

8.         We commit ourselves to cooperating with indigenous peoples, through their own representative institutions, to develop and implement national action plans, strategies or other measures, where relevant, to achieve the ends of the Declaration.

9.         We commit ourselves to promoting and protecting the rights of indigenous persons with disabilities and to continuing to improve their social and economic conditions, including by developing targeted measures for the aforementioned action plans, strategies or measures, in collaboration with indigenous persons with disabilities. We also commit ourselves to ensuring that national legislative, policy and institutional structures relating to indigenous peoples are  inclusive  of indigenous persons with disabilities and contribute to the advancement  of  their rights.

10.       We commit ourselves to working with indigenous peoples to disaggregate data, as appropriate, or conduct surveys and to utilizing holistic indicators of indigenous peoples’ well-being to address the situation and needs of indigenous peoples and individuals, in particular older persons, women, youth, children and persons with disabilities.

11.       We commit ourselves to ensuring equal access to high-quality education that recognizes the diversity of the culture of indigenous peoples and to health, housing, water, sanitation and other economic and social programmes to improve well -being, including through initiatives, policies and the provision of resources. We intend to empower indigenous peoples to deliver such programmes as far as possible.

12.       We recognize the importance of indigenous peoples’ health practices and their traditional medicine and knowledge.

13.       We commit ourselves to ensuring that indigenous individuals have equal access to the highest attainable standard of physical and mental health. We also commit ourselves to intensifying efforts to reduce rates of HIV and AIDS, malaria, tuberculosis and non-communicable diseases by focusing on prevention, including through appropriate programmes, policies and resources for indigenous individuals, and to ensure their access to sexual and reproductive health and reproductive rights in accordance with the Programme of Action of the International Conference on Population and Development,[4] the Beijing Platform for Action[5] and the outcome documents of their review conferences.

14.       We commit ourselves to promoting the right of every indigenous child, in community with members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion or to use his or her own language.

15.       We support the empowerment and capacity-building of indigenous youth, including their full and effective participation in decision-making processes in matters that affect them. We commit ourselves to developing, in consultation with indigenous peoples, policies, programmes and resources, where relevant, that target the well-being of indigenous youth, in particular in the areas of health, education, employment and the transmission of traditional knowledge, languages and practices, and to taking measures to promote awareness and understanding of their rights.

16.       We acknowledge that indigenous peoples’ justice institutions can play a positive role in providing access to justice and dispute resolution and contribute to harmonious relationships within indigenous peoples’ communities and within society. We commit ourselves to coordinating and conducting dialogue with those institutions, where they exist.

17.       We commit ourselves to supporting the empowerment of indigenous women and to formulating and implementing, in collaboration with indigenous peoples, in particular indigenous women and their organizations, policies and programmes designed to promote capacity-building and strengthen their leadership. We support measures that will ensure the full and effective participation of indigenous women in decision-making processes at all levels and in all areas and eliminate barriers to their participation in political, economic, social and cultural life.

18.       We commit ourselves to intensifying our efforts, in  cooperation  with indigenous   peoples,   to   prevent   and   eliminate   all   forms   of   violence   and discrimination against indigenous peoples and individuals, in particular, women, children, youth, older persons and persons with disabilities, by strengthening legal, policy and institutional frameworks.

19.       We invite the Human Rights Council to consider examining the causes and consequences of violence against indigenous women and girls, in consultation with the Special Rapporteur on violence against women, its causes and consequences, the Special Rapporteur on the rights of indigenous peoples and other special procedures mandate holders within their respective mandates. We also invite the Commission on the Status of Women to consider the issue of the empowerment of indigenous women at a future session.

20.       We recognize commitments made by States, with regard to the United Nations Declaration on the Rights of Indigenous Peoples, to consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources.

21.       We also recognize commitments made by States, with regard to  the Declaration, to establish at the national level, in conjunction with the indigenous peoples concerned, fair, independent, impartial, open and transparent processes to acknowledge, advance and adjudicate the rights of indigenous peoples pertaining to lands, territories and resources.

22.       We recognize that the traditional knowledge, innovations and practices of indigenous peoples and local communities make an important contribution to the conservation and sustainable use of biodiversity. We acknowledge the importance of the participation of indigenous peoples, wherever possible, in the benefits of their knowledge, innovations and practices.

23.       We intend to work with indigenous peoples to address the impact or potential impact on them of major development projects, including those involving the activities of extractive industries, including with the aim of managing risks appropriately.

24.       We recall the responsibility of transnational corporations and other business enterprises to respect all applicable laws and international principles, including the United Nations Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework,[6] and to operate transparently and in a socially and environmentally responsible manner. In  this regard, we commit ourselves to taking further steps, as appropriate,  to  prevent abuses of the rights of indigenous peoples.

25.       We commit ourselves to developing, in conjunction with the indigenous peoples concerned, and where appropriate, policies, programmes and resources to support indigenous peoples’ occupations, traditional subsistence activities, economies, livelihoods, food security and nutrition.

26.       We recognize the importance of the role that indigenous peoples can play in economic, social and environmental development through traditional sustainable agricultural practices, including traditional seed supply systems, and access to credit and other financial services, markets, secure land tenure, health care, social services, education, training, knowledge and appropriate and affordable  technologies, including for irrigation, and water harvesting and storage.

27.       We affirm and recognize the importance of indigenous peoples’ religious and cultural sites and of providing access to and repatriation of their ceremonial objects and human remains in accordance with the ends of the United Nations Declaration on the Rights of Indigenous Peoples. We commit ourselves to developing, in conjunction with the indigenous peoples concerned, fair, transparent and effective mechanisms for access to and repatriation of ceremonial objects and human remains at the national and international levels.

28.       We invite the Human Rights Council, taking into account the views of indigenous peoples, to review the mandates of its existing mechanisms, in particular the Expert Mechanism on the Rights of Indigenous Peoples, during the sixty-ninth session of the General Assembly, with a view to modifying and  improving  the Expert Mechanism so that it can more effectively promote respect for the Declaration, including by better assisting Member States to monitor, evaluate and improve the achievement of the ends of the Declaration.

29.       We invite the human rights treaty bodies to consider the Declaration in accordance with their respective mandates. We encourage Member States to include, as appropriate, information on the situation of the rights of indigenous peoples, including measures taken to pursue the objectives of the Declaration, in reports to those bodies and during the universal periodic review process.

30.       We welcome the increasingly important role of national and regional human rights institutions in contributing to the achievement of the ends of the Declaration. We encourage the private sector, civil society and academic institutions to take an active role in promoting and protecting the rights of indigenous peoples.

31.       We request the Secretary-General, in consultation and cooperation with indigenous peoples, the Inter-Agency Support Group on Indigenous Peoples’ Issues and Member States, to begin the development, within existing resources, of a system-wide action plan to ensure a coherent approach to achieving the ends of the Declaration and to report to the General Assembly at its seventieth session, through the Economic and Social Council, on progress made. We invite the Secretary- General to accord, by the end of the seventieth session of the Assembly, an existing senior official of the United Nations system, with access to the highest levels of decision-making within the system, responsibility for coordinating the action plan, raising awareness of the rights of indigenous peoples at the highest possible level and increasing the coherence of the activities of the system in this regard.

32.       We invite United Nations agencies, funds and programmes, in addition to resident coordinators, where appropriate, to support the implementation, upon request, of national action plans, strategies or other measures to achieve the ends of the Declaration, in accordance with national priorities and United Nations Development Assistance Frameworks, where they exist, through better coordination and cooperation.

33.       We commit ourselves to considering, at the seventieth session of the General Assembly, ways to enable the participation of indigenous peoples’ representatives and institutions in meetings of relevant United Nations bodies on issues affecting them, including any specific proposals made by the Secretary-General in response to the request made in paragraph 40 below.

34.       We encourage Governments to recognize the significant contribution of indigenous peoples to the promotion of sustainable development, in order to achieve a just balance among the economic, social and environmental needs of present and future generations, and the need to  promote harmony with nature to  protect our planet and its ecosystems, known as Mother Earth in a number of countries and regions.

35.       We commit ourselves to respecting the contributions of indigenous peoples to ecosystem management and sustainable development, including knowledge acquired through experience in hunting, gathering, fishing, pastoralism and agriculture, as well as their sciences, technologies and cultures.

36.       We confirm that indigenous peoples’ knowledge and strategies to sustain their environment should be respected and taken into account when we develop national and international approaches to climate change mitigation and adaptation.

37.       We note that indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In this regard, we commit ourselves to giving due consideration to all the rights of indigenous peoples in the elaboration of the post-2015 development agenda.

38.       We invite Member States and actively encourage the private sector and other institutions to contribute to the United Nations Voluntary Fund for Indigenous Peoples, the Trust Fund on Indigenous Issues, the Indigenous Peoples Assistance Facility and the United Nations Indigenous Peoples’ Partnership as a means of respecting and promoting the rights of indigenous peoples worldwide.

39.       We request the Secretary-General to include relevant information on indigenous peoples in his final report on the achievement of the Millennium Development Goals.

40.       We request the Secretary-General, in consultation with the Inter-Agency Support Group on Indigenous Peoples’ Issues and Member States, taking into account the views expressed by indigenous peoples, to report to the General Assembly at its seventieth session on the implementation of the present outcome document, and  to submit  at the same session, through  the Economic and Social Council, recommendations regarding how to use, modify and improve existing United Nations mechanisms to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, ways to enhance a coherent, system-wide approach to achieving the ends of the Declaration and specific proposals to enable the participation of indigenous peoples’ representatives and institutions, building on his report on ways and means of promoting participation at the United Nations of indigenous peoples’ representatives on the issues affecting them.[7]


* A/69/150.
[1] A/67/994, annex.
[2] Resolution 61/295, annex.
[3] United Nations, Treaty Series, vol. 1650, No. 28383.
[4] Report of the International Conference on Population and Development, Cairo, 5 -13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex.
[5] Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex II.
[6] A/HRC/17/31, annex.
[7] A/HRC/21/24A/HRC/21/24

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Saturday, September 20, 2014

Outcome document UNHLPM


United Nations                                                                               A/69/L.1

General Assembly                           Distr.: Limited
15 September 2014

Original: English







Sixty-ninth  session

Item 66 of the provisional agenda*

Rights of indigenous peoples


Draft resolution submitted by the President of the General Assembly

Outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous  Peoples

The General Assembly,
Adopts the following outcome document:

Outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous  Peoples


1.                  We, the Heads of State and Government, ministers and representatives of Member States, reaffirming our solemn commitment to the purposes and principles of the Charter of the United Nations, in a spirit of cooperation with the indigenous peoples of the world, are assembled at United Nations Headquarters in New York on 22 and 23 September 2014, on the occasion of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, to reiterate the important and continuing role of the United Nations in promoting and protecting the rights of indigenous peoples.
2.                  We welcome the indigenous peoples’ preparatory processes for the World Conference, including the Global Indigenous Preparatory Conference held in Alta, Norway, in June 2013. We take note of the outcome document of the Alta Conference1 and other contributions made by indigenous peoples. We also welcome the inclusive preparatory process for the high-level plenary meeting, including the comprehensive engagement of the representatives of indigenous peoples.




1 A/67/994, annex.

14-60939 (E)     190914                                                                                      
*1460939*


3.                  We reaffirm our support for the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly on 13 September 2007, 2  and our commitments made in this respect to consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them, in accordance with the applicable principles of the Declaration.
4.                  We reaffirm our solemn commitment to respect, promote and advance and in no way diminish the rights of indigenous peoples and to uphold the principles of the Declaration.
5.                  In addition to the Declaration, we recall the other major achievements of the past two decades in building an international framework for the advancement of the rights and aspirations of the world’s indigenous peoples, including the establishment of the Permanent Forum on  Indigenous Issues, the creation  of  the  Expert Mechanism on the Rights of Indigenous Peoples and the establishment of the mandate of the Special Rapporteur on the rights of indigenous peoples. We commit ourselves to giving due consideration to recommendations and advice  i ssued by those bodies in cooperation with indigenous peoples.
6.                  We encourage those States that have not yet ratified or acceded to the International Labour Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169),3 to consider doing so. We recall the obligation of ratifying States under the Convention to develop coordinated and systematic action to protect the rights of indigenous peoples.
7.                  We commit ourselves to taking, in consultation and  cooperation  with indigenous peoples, appropriate measures at the national level, including legislative, policy and administrative measures, to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples and to promote awareness of it among all sectors of society, including members of legislatures, the judiciary and the civil service.
8.                  We commit ourselves to cooperating with indigenous peoples, through their own representative institutions, to develop and implement national action plans, strategies or other measures, where relevant, to achieve the ends of the Declaration.
9.                  We commit ourselves to promoting and protecting the rights of indigenous persons with disabilities and to continuing to improve their social and economic conditions, including by developing targeted measures for the aforementioned action plans, strategies or measures, in collaboration with indigenous persons with disabilities. We also commit ourselves to ensuring that national legislative, policy and institutional structures relating to indigenous peoples are  inclusive  of indigenous persons with disabilities and contribute to the advancement  of  their rights.
10.              We commit ourselves to working with indigenous peoples to disaggregate data, as appropriate, or conduct surveys and to utilizing holistic indicators of indigenous peoples’ well-being to address the situation and needs of indigenous peoples and


2 Resolution 61/295, annex.
3  United Nations, Treaty Series, vol. 1650, No. 28383.


individuals, in particular older persons, women, youth, children and persons with disabilities.
11.              We commit ourselves to ensuring equal access to high-quality education that recognizes the diversity of the culture of indigenous peoples and to health, housing, water, sanitation and other economic and social programmes to improve well -being, including through initiatives, policies and the provision of resources. We intend to empower indigenous peoples to deliver such programmes as far as possible.
12.              We recognize the importance of indigenous peoples’ health practices and their traditional medicine and knowledge.
13.              We commit ourselves to ensuring that indigenous individuals have equal access to the highest attainable standard of physical and mental health. We also commit ourselves to intensifying efforts to reduce rates of HIV and AIDS, malaria, tuberculosis and non-communicable diseases by focusing on prevention, including through appropriate programmes, policies and resources for indigenous individuals, and to ensure their access to sexual and reproductive health and reproductive rights in accordance with the Programme of Action of the International Conferenc e on Population and Development,4 the Beijing Platform for Action5 and the outcome documents of their review conferences.
14.              We commit ourselves to promoting the right of every indigenous child, in community with members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion or to use his or her own language.
15.              We support the empowerment and capacity-building of indigenous youth, including their full and effective participation in decision-making processes in matters that affect them. We commit ourselves to developing, in consultation with indigenous peoples, policies, programmes and resources, where relevant, that target the well-being of indigenous youth, in particular in the areas of health, education, employment and the transmission of traditional knowledge, languages and practices, and to taking measures to promote awareness and understanding of their rights.
16.              We acknowledge that indigenous peoples’ justice institutions can play a positive role in providing access to justice and dispute resolution and contribute to harmonious relationships within indigenous peoples’ communities and within society. We commit ourselves to coordinating and conducting dialogue with those institutions, where they exist.
17.              We commit ourselves to supporting the empowerment of indigenous women and to formulating and implementing, in collaboration with indigenous peoples, in particular indigenous women and their organizations, policies and programmes designed to promote capacity-building and strengthen their leadership. We support measures that will ensure the full and effective participation of indigenous women in decision-making processes at all levels and in all areas and eliminate barriers to their participation in political, economic, social and cultural life.
18.              We commit ourselves to intensifying our efforts, in  cooperation  with indigenous   peoples,   to   prevent   and   eliminate   all   forms   of   violence   and

4  Report of the International Conference on Population and Development, Cairo, 5 -13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap. I, resolution 1, annex.
5  Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annex II.


discrimination against indigenous peoples and individuals, in particular, women, children, youth, older persons and persons with disabilities, by strengthening legal, policy and institutional frameworks.
19.              We invite the Human Rights Council to consider examining the causes and consequences of violence against indigenous women and girls, in consultation with the Special Rapporteur on violence against women, its causes and consequences, the Special Rapporteur on the rights of indigenous peoples and other special procedures mandate holders within their respective mandates. We also invite the Commission on the Status of Women to consider the issue of the empowerment of indigenous women at a future session.
20.              We recognize commitments made by States, with regard to the United Nations Declaration on the Rights of Indigenous Peoples, to consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources.
21.              We also recognize commitments made by States, with regard to  the Declaration, to establish at the national level, in conjunction with the indigenous peoples concerned, fair, independent, impartial, open and transparent processes to acknowledge, advance and adjudicate the rights of indigenous peoples pertaining to lands, territories and resources.
22.              We recognize that the traditional knowledge, innovations and practices of indigenous peoples and local communities make an important contribution to the conservation and sustainable use of biodiversity. We acknowledge the importance of the participation of indigenous peoples, wherever possible, in the benefits of their knowledge, innovations and practices.
23.              We intend to work with indigenous peoples to address the impact or potential impact on them of major development projects, including those involving the activities of extractive industries, including with the aim of managing risks appropriately.
24.              We recall the responsibility of transnational corporations and other business enterprises to respect all applicable laws and international principles, including the United Nations Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework,6 and to operate transparently and in a socially and environmentally responsible manner. In  this regard, we commit ourselves to taking further steps, as appropriate,  to  prevent abuses of the rights of indigenous peoples.
25.              We commit ourselves to developing, in conjunction with the indigenous peoples concerned, and where appropriate, policies, programmes and resources to support indigenous peoples’ occupations, traditional subsistence activities, economies, livelihoods, food security and nutrition.
26.              We recognize the importance of the role that indigenous peoples can play in economic, social and environmental development through traditional sustainable agricultural practices, including traditional seed supply systems, and access to credit and other financial services, markets, secure land tenure, health care, social services,


6  A/HRC/17/31, annex.


education, training, knowledge and appropriate and affordable  technologies, including for irrigation, and water harvesting and storage.
27.              We affirm and recognize the importance of indigenous peoples’ religious and cultural sites and of providing access to and repatriation of their ceremonial objects and human remains in accordance with the ends of the United Nations Declaration on the Rights of Indigenous Peoples. We commit ourselves to developing, in conjunction with the indigenous peoples concerned, fair, transparent and effective mechanisms for access to and repatriation of ceremonial objects and human remains at the national and international levels.
28.              We invite the Human Rights Council, taking into account the views of indigenous peoples, to review the mandates of its existing mechanisms, in particular the Expert Mechanism on the Rights of Indigenous Peoples, during the sixty-ninth session of the General Assembly, with a view to modifying and  improving  the Expert Mechanism so that it can more effectively promote respect for the Declaration, including by better assisting Member States to monitor, evaluate and improve the achievement of the ends of the Declaration.
29.              We invite the human rights treaty bodies to consider the Declaration in accordance with their respective mandates. We encourage Member States to include, as appropriate, information on the situation of the rights of indigenous peoples, including measures taken to pursue the objectives of the Declaration, in reports to those bodies and during the universal periodic review process.
30.              We welcome the increasingly important role of national and regional human rights institutions in contributing to the achievement of the ends of the Declaration. We encourage the private sector, civil society and academic institutions to take an active role in promoting and protecting the rights of indigenous peoples.
31.              We request the Secretary-General, in consultation and cooperation with indigenous peoples, the Inter-Agency Support Group on Indigenous Peoples’ Issues and Member States, to begin the development, within existing resources, of a system-wide action plan to ensure a coherent approach to achieving the ends of the Declaration and to report to the General Assembly at its seventieth session, through the Economic and Social Council, on progress made. We invite the Secretary- General to accord, by the end of the seventieth session of the Assembly, an existing senior official of the United Nations system, with access to the highest levels of decision-making within the system, responsibility for coordinating the action plan, raising awareness of the rights of indigenous peoples at the highest possible level and increasing the coherence of the activities of the system in this regard.
32.              We invite United Nations agencies, funds and programmes, in addition to resident coordinators, where appropriate, to support the implementation, upon request, of national action plans, strategies or other measures to achieve the ends of the Declaration, in accordance with national priorities and United Nations Development Assistance Frameworks, where they exist, through better coordination and cooperation.
33.              We commit ourselves to considering, at the seventieth session of the General Assembly, ways to enable the participation of indigenous peoples’ representatives and institutions in meetings of relevant United Nations bodies on issues affecting them, including any specific proposals made by the Secretary-General in response to the request made in paragraph 40 below.


34.              We encourage Governments to recognize the significant contribution of indigenous peoples to the promotion of sustainable development, in order to achieve a just balance among the economic, social and environmental needs of present and future generations, and the need to  promote harmony with nature to  protect our planet and its ecosystems, known as Mother Earth in a number of countries and regions.
35.              We commit ourselves to respecting the contributions of indigenous peoples to ecosystem management and sustainable development, including knowledge acquired through experience in hunting, gathering, fishing, pastoralism and agriculture, as well as their sciences, technologies and cultures.
36.              We confirm that indigenous peoples’ knowledge and strategies to sustain their environment should be respected and taken into account when we develop national and international approaches to climate change mitigation and adaptation.
37.              We note that indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In this regard, we commit ourselves to giving due consideration to all the rights of indigenous peoples in the elaboration of the post-2015 development agenda.
38.              We invite Member States and actively encourage the private sector and other institutions to contribute to the United Nations Voluntary Fund for Indigenous Peoples, the Trust Fund on Indigenous Issues, the Indigenous Peoples Assistance Facility and the United Nations Indigenous Peoples’ Partnership as a means of respecting and promoting the rights of indigenous peoples worldwide.
39.              We request the Secretary-General to include relevant information on indigenous peoples in his final report on the achievement of the Millennium Development Goals.
40.              We request the Secretary-General, in consultation with the Inter-Agency Support Group on Indigenous Peoples’ Issues and Member States, taking into account the views expressed by indigenous peoples, to report to the General Assembly at its seventieth session on the implementation of the present outcome document, and  to submit  at the same session, through  the Economic and Social Council, recommendations regarding how to use, modify and improve existing United Nations mechanisms to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples, ways to enhance a coherent, system-wide approach to achieving the ends of the Declaration and specific proposals to enable the participation of indigenous peoples’ representatives and institutions, building on his report on ways and means of promoting participation at the United Nations of indigenous peoples’ representatives on the issues affecting them.7