UN Permanent Forum on Indigenous Issues, Thirteenth Session, May 1223, 2014 Global Indigenous Women's Caucus Statement Agenda Item 3 Principles of good governance consistent with the United Nations Declaration on the Rights of Indigenous Peoples: Articles 3 to 6 and 46
Madame Chair, Members
of the Permanent Forum, Sisters
and Brothers,
We, the Global Indigenous Women's Caucus, highlight and reaffirm the rights of Indigenous
Women and Peoples of selfdetermination and recognize the traditional principles of good governance exemplified by Indigenous Peoples
since time immemorial.
We acknowledge that Article 46 in the United Nations
Declaration on the Rights of Indigenous Peoples
(“Declaration”) emphasises territorial integrity, recognizing that the
territorial integrity of Indigenous Peoples
should also be highlighted and reminding States of
the equality of Indigenous Peoples
and the principle of nondiscrimination when examining the application of the right to selfdetermination in the context
of the principle of territorial
integrity. The right to selfdetermination for peoples is not separated
from Article
46. We also remind States that the preambular language
of the Declaration states that “nothing in this Declaration may be used to deny any peoples
their right to selfdetermination, exercised in conformity with international law.”
Article 46 must be interpreted within the overall
context of the Declaration. No Article shall be
interpreted in such a way as to contravene the overall purposes
of the Declaration or
undermine the function of any other Article.
Thus, Article 46 shall not be read as an obstacle to ongoing efforts
to achieve the goals set forth in other Articles
and in the Declaration as a whole.
Recommendations
The Global
Indigenous Women's Caucus adopted the following recommendations for agenda item 3, at the May 9, 2014, Global Indigenous Women’s
Caucus meeting:
● Study on the Impacts of the Doctrine of Discovery on Indigenous Peoples
Recognizing the call for redress as stated in the Study on the impacts
of the Doctrine of Discovery
on Indigenous Peoples
including mechanisms, processes, and instruments of redress by Grand Chief Ed John, we acknowledge that redress may only occur after an admission of culpability by the responsible parties.
We recall the recommendations made in paragraphs 4 to 11 of the Permanent Forum’s tenth session report (E/2011/43E/C.19/2011/14 and Corr.1) recommending that States, human rights bodies
and judiciaries denounce
the “doctrine of discovery” and discontinue
its use and application.
Emphasizing the call of The Permanent Forum from the 11th Session
for States to repudiate racist doctrines such as the doctrine of discovery, or other doctrines, policies and practices based
on or advocating superiority of peoples or individuals on the basis
of national origin or racial,
religious, ethnic or cultural differences.
Affirm that “State Governments must be constrained from the illegal
taking of Indigenous lands, territories and resources
justified by these doctrines” as stated in Grand Chief Ed
Johns Study on the impacts
of the Doctrine of Discovery
on Indigenous Peoples
● International Expert Group Meeting: Sexual Health and Reproductive Rights
We reaffirm
recommendations in the Report of the International Expert Group Meeting
on the theme “Sexual
Health and Reproductive Rights: articles 21, 22, 23 and 24 of the United
Nations Declaration on the Rights of Indigenous Peoples” (E/C.19/2014/8) including recommendations 62, 63, and 64 which state:
62. Considering their impact on the sexual
and reproductive health
and rights of indigenous peoples,
we call for a legal review of United Nations
chemical conventions, in particular the Rotterdam Convention, to ensure that they are in
conformity with international human rights standards, including the United Nations
Declaration on the Rights of Indigenous Peoples
and the Convention on the Rights
of Persons with Disabilities.
63. States must halt the export and import of banned and unregistered pesticides from countries that prohibit
their use in their own country as a case of environmental racism and environmental violence
with proven and devastating impacts
on reproductive and sexual
health, in particular maternal and child health.
64. Relevant United Nations entities
should conduct a study, in partnership with indigenous peoples’ organizations, that documents the linkage between environmental violence,
including the operations of extractive industries, chemical pollution and the destruction of the indigenous habitat, and the sexual and reproductive health of indigenous peoples, as well as issues
pertaining to sexual
exploitation, trafficking of indigenous girls and sexual violence, with concrete
recommendations on protection measures.
● Good Governance and Self Determination
We call upon the United Nations
Permanent Forum to set the special theme for the right to Water
(and the right of Water) for the 2016 session
of the United Nations Permanent
Forum or in the alternative 2018, that specifically initiates a close review and assessment of states' water allocation, contamination, use, regulation, and access policies
that affect the rights of Indigenous Peoples
and Nations, the health of our communities and ecosystems, and that of our future generations as water is crucial for biocultural diversity and for sustaining all aspects of Indigenous Peoples'
full expression of our
selfdetermination and essential
for our physical, cultural and spiritual wellbeing.
Thank you Madam Chair for your full consideration of these recommendations.
