Ka Wai Ola - Office of Hawaiian Affairs, Volume 2, Number 10, 1 October 1985 — Indigenous Rights [ARTICLE+ILLUSTRATION]

Indigenous Rights

By Hayden Burgess Trustee, Oahu

Hundreds of ieaders representing native peoples from throughout the world addressed members of the United Nation's Working Group on Indigenous Populations in Geneva, Switzerland, July 29-Aug. 2. This full week of work for the millions of people these leaders represented was the hiah r>oint of months and

years of preparation. Native thinking on a wide range of issues and activities from around the world were presented. I am sure that when the UN finalizes its declaration on Indigenous Rights, its source for it will have eome from these types of gatherings. 1 was fortunate to represent the World Council of Indigenous Peoples ( WCIP) at this meeting where I presented several documents on behalf of native peoples from around the world, including a most important Declaration of Principles whieh I would like to share with you. Currently, it has been found preferable to present the document as a declaration. However, a convention may follow and if so, it will require the incorporation of provisions concerning the supervision, handling of complaints and the process of ratification by states and by indigenous organizations. Among some of these principles are: • All indigenous peoples have the right of selfdetermination. By virtue of this right, they may freely determine their political status and freely pursue their eeonomie, social, religious and cultural development. • All states within whieh indigenous people live shall recognize the population, territory and institutions of the indigengjspeppleJU „ ^ uusoiu)2 uiu r . . • Indigenous people shall have exclusive rights to their traditional !ands and its resources. Where the lands and resources of the indigenous peoples have been taken away without their free and informed consent, such lands and resources shall be returned. • The land rights of an indigenous people include surface and subsurface rights, full rights to interior and coastal waters and rights to adequate and exclusive coastal eeonomie zones within the limits of international law. • AIl indigenous peoples may, for their own needs, freely use their natural wealth and resources in accordance with the two immediate preceding principles. • No action or course of conduct may be undertaken whieh, directly or indirectly, may result in the destruction of land, air, water, sea, iee, wildlife, habitat or natural resources without the free and informed consent of the indigenous F>eoples affected. • The orginal rights to their material culture, including archeological sites, artifacts, designs, technology and works of art, lie with the indigenous people. • The indigenus peoples have the right to receive education in their own language or to establish their own educational institutions. The languages of the indigenous peoples are to be respected by the states in all dealings between the indigenous people and the state on the basis on equality and non-descrimination. • Treaties between indigenous nations or peoples and representatives of states freely entered into, shall be given full effect under national and international law. Copies of my full report are available from the Office of Hawaiian Affairs.