Human Rights: a foundation of the UN system

Indigenous Peoples, Human Rights and the Stockholm Convention, April 27th, 2011 presentation by Andrea Carmen, International Indian Treaty Council

Human Rights: a foundation of the UN system “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world” --- Preamble, Universal Declaration of Human Rights, 1948

“Human rights are integral to the promotion of peace and security, economic prosperity and social equity… A major task for the United Nations, therefore, is to enhance its human rights programme and fully integrate it into the broad range of the Organization's activities”. -- Report of the Secretary-General on Renewing the United Nations: a Programme for Reform , to the UN General Assembly, July 1997

Health, Food and Well-Being are Human Rights “Everyone has the right to a standard of living adequate for the health and well-being of himself & of his family…including food” -- Universal Declaration of Human Rights

“…In no case may a people be deprived of its own means of subsistence.” -- Article 1 in Common, International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights Tazlina Fish Camp, Alaska

“The Special Rapporteur believes that the contamination of indigenous peoples’ land and water affecting their livelihood (traditional fishing) may contribute to a violation of the Government’s obligation to respect the right to food.” -- UN Special Rapporteur on the Right to Food, UN HUMAN RIGHTS COUNCIL, May 18th 2007

History is Made: The General Assembly Adopts the UN Declaration on the Rights of Indigenous Peoples September 13th, 2007

The Declaration is the “Minimum Standard” “The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.” --Article 43

Full Application by States and UN Bodies, Article 42 “The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.”

Free Prior InformedConsent and HazardousMaterials, Article 29 “States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. ” Military Toxics, N.E. Cape, St. Lawrence Island, Alaska

Article 20: Right to Subsistence and Development 1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

Spiritual Relationship with Traditional Lands and Resources “Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.” -- Article 25 )

Special needs of Indigenous Women and Children “Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration”. -- Article 22

… and other Articles, including: • Article 24 - Right to health,conservation of vital plants & animals • Article 26 – Right to traditional lands, territories & resources • Article 29 - Right to protection of environment, productive capacity of lands & resources; • Article 31 - Right to maintain, control, protect & develop cultural heritage, traditional knowledge & cultural expressions;

The Stockholm Convention recognizes the impacts on Indigenous Peoples’ health and subsistence foods “Arctic ecosystems and Indigenous communities are particularly at risk because of the biomagnifcations of POPs and that contamination of their traditional foods is a public health issue” -- preamble Gwich’in child, Arctic Village Alaska

FPIC is an International Human Rights Principle: CERD General Recommendation XXIII, 1997 …calls upon states to: 4 d) Ensure that members of indigenous peoples have equal rights in respect of effective participation in public life and that no decisions directly relating to their rights and interests are taken without their informed consent; 5) “The Committee especially calls upon States parties to recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources and, where they have been deprived of their lands and territories traditionally owned or otherwise inhabited or used without their free and informed consent, to take steps to return those lands and territories”

UN CERD also called on State parties to hold corporations accountable In February 2008, CERD expressed concerns about the adverse effects of exploitation of natural resources by US transnational corporations, “on rights to land, health, living environment and the way of life of indigenous peoples”, and called upon the US to take appropriate legislative and administrative measures to prevent transnationals it registers “from negatively impacting on the enjoyment of rights of indigenous peoples in territories outside the United States.” [CERD/C/USA/CO/6] “Exports included >27 million pounds of pesticides whose use is forbidden in the United States.” -- Pesticide Exports from U.S. Ports, 2001–2003, by Carl Smith, Kathleen Karr MD, and Ava Sadripour, Esq.

UN Convention on the Rights of the Child 1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health… 2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures: (c) To combat disease and malnutrition, …through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution; -- Article 24 )

Pesticides, Community Health and Free Prior and Informed Consent (Mexico) “The airplanes spray chemicals on the crops, and it affects the town and its inhabitants. In and around the whole town there are large tanks holding hazardous chemicals. Many people have died here.” -- Testimony submitted to IITC by a 48 year old mother of 6, Potam Pueblo, Rio Yaqui Sonora, October 19, 2003

Permanent Damage to the Health and Development of Infants and Children Rio Yaqui, Mexico May 2006

Yaqui Traditional Leaders Assert their Right to Free, Prior and Informed Consent, Declare Ban on Aerial Spraying of PesticidesDecember 2006 Press Conference, Vicam Pueblo, Rio Yaqui, Sonora Mexico

“In many countries -- including developed countries -- the unsound management of chemicals continues to affect negatively human health and the natural resources upon which people depend for their livelihoods, in some cases further aggravating conditions of poverty.” --Okechukwu Ibeanu, UN Special Rapporteur on Adverse Effects of the movement and dumping of toxic and dangerous products, May 2006

“The land we hold in trust is our wealth. It is the only wealth we could possibly pass on to our children. Good old Mother Earth with all her bounty and rich culture we have developed from her treasures is our wealth. Without our homelands, we become true paupers.” -- Antoinette Helmer, Alaska Native Gwich’in Singers, Arctic Village Alaska

Cheoque Utesia, Thank you

Human Rights: a foundation of the UN system