INDG Quiz 2 Flashcards
1
Q
UNDRIP Overview
A
- minimum standards on rights and protections
- 2007
- Not legally binding
- Means of accountability, politics of shame
- Used as legal precedence in some cases
2
Q
Precursors to UNDRIP
A
- Shift in IR from the golden rule of sovereignty of states over domestic affairs
- Pre 1900 international was only state to state interaction
- Shift led to abilities to negotiate with the state and transnational social movements
- TNS, coordinated platform to promote world peace, human rights and minority rights
- League of Nations 1920, new momentum leading to transnational movements of human rights to go beyond states and hold states accountable
3
Q
League of Nations
A
- Created in 1920 after WWI way of settling international disputes
- Promoted world peace, obligations for minority protection to avoid new national conflicts. Basis of human rights
- Levi General Deskaheh, Chief of Younger Bear Clan of the Cayuga Nation, 1923-1924 lobbied LoN to put FN issues on the agenda. First**
- Removed by GB
4
Q
Why is Chief Deskaheh Important?
A
- historically significant effort and international voice, first one to do it
- informally began the international discussion of indigenous rights. led to international allies and brings indigenous rights from informal to major
5
Q
Transnational Indigenous Rights Activism
A
- National Congress of American Indians
- Australia Federal Council for Aboriginal Advancement
- International working group for Indigenous Affairs
- National Indigenous Organization of Columbia
- World council of Indigenous Peoples
- Indian Council of South America
- Coordinator of Indigenous Organizations of the Amazon River Basin
- Confederation of Indigenous Nationalities of Ecuador
- Asia Indigenous Peoples Pact
- Indigenous Peoples of Africa Coordinating Committee
6
Q
Canadian Indigenous Groups
A
- Assembly of FN
- Congress of Aboriginal Peoples
- Inuit Tappiriit Kanatami
- Metis National Council
- Native Women’s Association of Canada
7
Q
World Council of Indigenous Peoples
A
- First transnational pan-indigenous human rights NGO
- George Manuel, Chief of former B.C Chiefs and the National Indian Brotherhood now the Assembly of First Nations
- Consultative NGO status in UN for the formulation of the UNDRIP
- Led by George Manuel in 1974
- Formed to seek rights to self determination
- Developed transnational unity
- Raised the international profile of indigenous rights
8
Q
International Labour Organization Overview
A
- UN Agency establishing labour standards: Government, employers and workers
- Original focus: colonial/settler interests v.s native workers
- Guidelines to avoid extreme punishment if native workers fail to perform work
- ILO Indigenous and Tribal Populations Convention 107, 1957
- Paternalistic and Eurocentric
- Increased international legitimacy of indigenous and tribal voices, international recognition that these populations have rights
- But, assimilationist approach, seen as less advanced
9
Q
Human Rights Approach
A
Equal Individual Rights
-Civil and Economic Rights
-Rights to equal opportunity v.s aristocracy
Unique Collective Rights
-Rights of FN, women, childre, LGBTQ
-ILO and early international rights regime: used equal individual rights approach to the detriment of unique collective rights
10
Q
ILO 107 to 169
A
- Concept of consent
- Veto or consultation? Consultation
- ILO 169: genuine dialogue that must be taken on good faith with the objective being agreement or consent of the peoples concerned and governments would ensure this would happen whenever appropriate
11
Q
Debates Surrounding ILO 107-169
A
- From populations to peoples
- All peoples have the right to self determination by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development
- ILO 169: use of the term peoples no implication for self determination as understood in international law
- Not used by indigenous peoples in terms of secession
12
Q
ILO Convention
A
- ILO Revision: Convention no 169
- In response to assimilationist approach of no 107
- Convention Concerning Indigenous and Tribal Peoples in Independent Countries no 169 1989
- First document to call for preservation and development of indigenous/tribal unique identity
- Control over own institutions, ways of life and economic development
- Governments to consult in areas affecting them
- Self-identification
13
Q
Working Group of Indigenous Populations
A
1981 Jose R Martinez UN Special Rapporteur released a study on the Problem of Discrimination Against Indigenous Populations
-Suggest national and international measures for eliminating such discrimination
In 1982, Economic and Social Council Established the Working Group of Indigenous Populations with a mandate to develop minimum standards to protect indg rights by outlining marginalization experienced
-First time access to UN
14
Q
Discrimination Against Indigenous Populations
A
- Indigenous peoples definition: contination of: occupation of ancestral lands or part of them, common ancestry with OF occupants, culture, language, residence, other relevant factors. Preserved INDG people’s right to decide who belongs to them, leading to prepare draft of declaration
- Rights to determine own ways of life, free from settler and external domination
- Acknowledgement that have been robbed of right to self determination for decades
15
Q
UNDRIP Drafting Process
A
- In the making over 20 years
- 1982 Creation of Working Group on Rights of Indigenous Populations: est to prepare draft of declaration
- 1993 First draft for international consideration
- 1995-2004 International Decade of the World’s Indigenous People. Goal to complete and adopt the UNDRIP by the end of the decade
- 2006 Reform to the 1993 UNDRIP draft
- 2007 Compromises and adoption of the UNDRIP
