U.N. Declaratio n on the Rights of Indigenous Peoples
Pe rtinent
to the 2010 Vermont S.222 ABENAKI RECOGNITIO N Bill
by Charles
Delaney- Megeso
February 15, 2010
In 2002 and 2004, I attended United
Nations internatio nal indigenous forums and sub-commit tees. The
resultin g U.N. Declaratio n on the Rights of Indigenous Peoples was
ratified on September 13, 2007. Indigenous representa tion from around
the world helped voice the concerns and needs of aboriginal people
everywhe re, for whom this is a matter of cultural survival.
What
I witnessed was not a conflict between Native peoples and national
governme nts. The agreement of the General Assembly that became
Resoluti on 61/295 “solemnly proclaims” that the Declaratio n is “to be
pursued in a spirit of partnershi p and mutual respect.”
Articles 1
through 9 deal with the right of self-deter mination for Peoples as a
society and collective ly. Under the Vermont Constituti on, government al
bodies are empowered to work on and support these provisions . In
addition , our State Human Rights Commission operates in accordance with
these.
Articles 10 through 14 deals with aboriginal peoples’
historic residences , as well as their traditions , religions, customs,
educatio n, and a framework for addressing the needs indigenous Peoples
have in each of these categories . It is good and right that our Green
Mountain State and our United States of America uphold these articles.
Article
15 is part of what the Vermont Commission on Native American Affairs
(VCNAA) represents . Section 2 reads: “States shall take effective
measures , in consultati on and cooperatio n with the indigenous peoples
concerne d, to combat prejudice and eliminate discrimina tion and to
promote tolerance, understand ing and good relations among indigenous
peoples and all other segments of society.”
Also currently or potentiall y addressed by Vermont law and the existence
and work of the VCNAA are Declaratio n articles 16-25. These provide the
rights to: freedom of the media; fair labor practices; a legal voice
and informed consent in matters affecting them; upholding and improving
their traditions and organizati ons; special protection of vulnerable
members of indigenous cultures; self-deter mination on developmen t
issues; continued use of traditiona l medicine; and maintainin g spiritual
relationsh ips with traditiona l lands and other resources.
Article
26 deals with land use. While it sets out aboriginal rights, no aspect
of the Declaratio n is meant to override “due recognitio n and respect for
the rights and freedoms of others”. Therefore, this does not conflict
with Vermont laws concerning titles and claims. Canada has embraced the
ideal in this article and allows public and non-titled lands to be
returned to Native Peoples. Here, the Champion lands in the Northeast
Kingdom might provide a place for a model program, or at least a
starting point for discussion .
Articles 27 through 32 deals with
the respect that Member States, such as the U.S.A., should extend to its
indigenous Peoples, particular ly in regard to environmen tal and
cultural rights. A specific historical example of what is behind Article
30 was the use of Innu lands in northern Quebec as grounds for testing
bombs.
Article 33 is an especially important provision of the
Indigeno us Declaratio n. It is in accord with freedom of assembly laws in
Vermont and the country. It ensures that indigenous Peoples will be
free from outside pressure as they and they alone decide who is a member
of their People, how they want to organize themselves , and how “to
select the membership of their institutio ns in accordance with their own
principles .”
Article s 34 through 37 continue this theme with
further provisions for self-deter mination and autonomous
self-gov ernment. The right of each People to create their own political
systems and institutio ns, by this Declaratio n, is sacrosanct and cannot
be overridden by U.N. Member States. This includes treaties between
differen t indigenous Nations, systems of justice, tribal or like
Councils , and – very importantl y – culturally and otherwise interactin g
with other members of their own People who live beyond a U.N.-recog nized
national border. For Western Abenaki, this is an especially significan t
aspect of the resolution , because it defines our rights to relate
across the Canadian-U .S. border with other relations among our People.
A rticle
38 lays a burden of responsibi lity on U.N. Member States and therefore
our own state. It calls for the support and implementa tion of the
Indigeno us Declaratio n through “appropria te measures, including
legislat ive measures.” I think this is a worthy and wonderful
undertak ing for Vermont and Her people. Oligun! (It is good!)
Ar ticles
39 through 45 are designed to enable Member States – and hence their
own member states – to work cooperativ ely with Native people to develop
the best resolution to problems and create the best collective projects
in an effective and timely manner, as well as work together for the
highest health and other standards.
Article 46, the last article
of the Declaratio n on the Rights of Indigenous Peoples, protects Member
States from territoria l instabilit y due to the exercise of any of the
precedin g principles . It provides, however, that State and internatio nal
law must not violate the Declaratio n except “solely for the purpose of
securing due recognitio n and respect for the rights and freedoms of
others and for meeting the just and most compelling requiremen ts of a
democrat ic society.” In this way, everyone involved – in this case, the
State of Vermont, the federal government , and our indigenous people – is
protected.
The document concludes: “The provisions set forth in
this Declaratio n shall be interprete d in accordance with the principles
of justice, democracy, respect for human rights, equality,
non-disc rimination, good governance and good faith.”
C reating and
ratifying the Declaratio n took more than 26 years’ work. There are
still many details to be worked out, such as dealing with related
litigati on. The example of what we do in our little microcosm of the
world may help further this effort, giving us a chance to directly
connect to our neighbors in the best possible ways here on Mother Earth.
Th e
Vermont Constituti on already embodies many of the ideals, principles ,
and practices outlined by the Indigenous Declaratio n. We here in the
Green Mountains – what the Abenaki call part of N’dakinna – staunchly
protect and promote individual and collective rights and freedoms. It
will be a proud day when Vermont adopts this U.N. resolution . I hope I
am there on that historic day when our State once again sets a high bar
for human rights.
F or more informatio n:
Full text of U.N.
Declarat ion on the Rights of Indigenous Peoples: see below, or online at
Indigenous Work Group on Indigenous Affairs:
http://w ww.iwgia.or g/sw248.asp