Individuals, Collective Rights, and the United Nations Declaration on the Rights of Indigenous Peopl

Individuals, Collective Rights, and the United Nations Declaration on the Rights of Indigenous Peoples AIS 160 – Fall 2017

Today’s Class Map  United Nations (UN)  UNDRIP history  UNDRIP articles  WTO and Indigenous Peoples

United Nations (UN)

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On January 1, 1942, during the second world, President Franklin D. Roosevelt coined the term “United Nations” when 26 countries signed a pledge to fight the Axis Powers.

United Nations (UN) •

October 24, 1945, The United Nations comes into existence at the “United Nations Conference on International Organization” in San Francisco, CA.

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Member states are sovereign entities that have equal representation in UN General Assembly

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51 original member states (1945)

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193 member states (2011)

The UN seeks to…

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Maintain International Peace and Security Protect Human Rights Deliver Humanitarian Aid Promote Sustainable Development Uphold International Law

The UN system is many affiliated programmes, funds, and specialized agencies, all with their own membership, leadership, and budget. The programmes and funds are financed through voluntary rather than assessed contributions. The Specialized Agencies are independent international organizations funded by both voluntary and PROGRAMMES AND FUNDS assessed contributions.

UNICEF

WFP

ILO

FAO

UPU

“MAIN ORGANS” • • • • • •

General Assembly (193 Members) Security Council (15 Members) Economic and Social Council Trusteeship Council International Court of Justice Secretariat

1948 Convention on the Prevention of Punishment of the Crime of Genocide • •

Killing members of the group;

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Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

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Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.

Causing serious bodily or mental harm to members of the group;

Dunbar Ortiz page 8

Universal Declaration of Human Rights (1948) Preamble

“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 . . .�

30 ARTICLES

“A standard achievement to be pursued in a spirit of partnership and mutual respect�

46 articles

UN and Indigenous Peoples 1981 Martinez Cobo Study

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Health Education Housing Language Employment Cultural, social, and legal institutions Land Rights (Religious, Political)

UN and Indigenous Peoples 1981 Martinez Cobo Study “Indigenous communities, peoples and nations are those which, having a historical continuity with preinvasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing on those territories, or parts of them.�

UN and Indigenous Peoples 1994-2007 The process moved very slowly because of concerns expressed by States with regard to some of the core provisions of the draft declaration, namely

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the right to self-determination of indigenous peoples

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and the control over natural resources existing on indigenous peoples’ traditional lands.

SEPTEMBER 13, 2007

 144 in favor  4 votes against (US, Canada, Australia, & New Zealand)  11 abstentions

“Redskins name honors where we came from, who we are.�

Tar Sands

#NODAPL

Legal Status of the UNDRIP

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Soft Law

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International Legal Instrument

“States are under no legal obligation to comply with the provisions” (Barelli 45)

World Trade Organization - Established January 1, 1995 - 164 members

“Trade without discrimination 1. Most-favoured-nation (MFN): treating other people equally Under the WTO agreements, countries cannot normally discriminate between their trading partners.

Grant someone a special favour (such as a lower customs duty rate for one of their products) and you have to do the same for all other WTO members.”

Indigenous Peoples and the World Trade Organization “The WTO has declare illegal every environmental and public health law brought before it as violating the free trade principle laid down in its agreements. Laws aimed at protecting the environment or safeguarding the traditional knowledge of indigenous people or maintaining cultural diversity are all vulnerable in that they can be interpreted as breaching this trade non-discrimination principle.�

Indigenous Peoples and the World Trade Organization “More specifically, the intellectual property laws of WTO members must comply with the WTO’s Agreement on Trade Related to Intellectual Property Rights (TRIPS). The essence of this agreement is that the corporate discoverers of scientific knowledge who obtain international patent or copyright protection over their discoveries can use the muscle of the WTO in striking down laws which hamper the full commercial enjoyment of their ownership.”

Victoria Tauli-Corpuz Chairperson on the UN Permanent Forum on Indigenous Issues (Article 42)

Reminders • • •

No class Wednesday or Friday Extra credit due Friday! (50 points) Rewrites due Friday!