Protecting Indigenous Rights

Victoria Tauli-Corpuz

More than a couple of hundred people gathered at the University of Colorado Law School to witness and participate in a two-day commemoration of the 10th anniversary of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). 

Co-hosted by CU Law and the Secretariat of the United Nations Permanent Forum on Indigenous Issues (SPFII), the event reflected upon the advocacy that resulted in the passage of the UN Declaration, discussed its present-day usage, and looked ahead toward its implementation and future.

The Sept. 13 morning plenary “Making of the Declaration” brought together indigenous and tribal leaders who have been part of the creation of the UN declaration, which establishes a universal framework of minimum standards for the survival, dignity and well-being of the indigenous peoples across the world.

Panelists were: James Anaya, Dean of CU Law and former UN Special Rapporteur on the Rights of Indigenous Peoples; Victoria Tauli-Corpuz, current UN Special Rapporteur on the Rights of Indigenous Peoples; Les Malezer, member of the UN Permanent Forum on Indigenous Issues; Tarcila Rivera Zea, founding president of CHIRAPAQ Center for Indigenous Cultures of Peru; and Dalee Sambo Dorough, Associate Professor at University of Alaska-Anchorage and former Chair of the SPFII. UN Ambassador Luis Enrique Chávez Basagoitia delivered his remarks by video.

Dean James Anaya

The declaration, adopted in September 2007, is a comprehensive statement that addresses the human rights of indigenous peoples. The statement was drafted and formally debated for over 20 years of meeting, testimonies and consultations with indigenous communities. Throughout the process, many stories emerged and became part of the language of the declaration, which addresses both individual and collective rights, cultural rights and identity, rights to education, health, employment, language, and others.

“Leaders of indigenous people were expressing aspirations in terms that were real to their experiences,” says Anaya. “What began to emerge during those early days was the commonality of experiences, both what had happened in the past, and what is happening now, and the commonality of a vision for the future.”

UN Special Rapporteur Tauli-Corpuz was leading indigenous movements in the backdrop of the dictatorial Marcos regime in the Philippines when she first heard of the conversations around indigenous rights.

“Many of our communities were being subjected to great human rights violations. We didn’t know what to do: our people were being arrested and tortured. Several of our elders were brought to jail,” she said.

As a leader of the Cordillera Peoples' Alliance, Tauli-Corpuz said that she was primarily concerned about telling the story of how Philippine indigenous communities were being bombed, and how tribal leaders were being arbitrarily arrested.

“I found out many other people in various parts of the world were suffering the same problems. It provided me a fuller picture of what indigenous people are facing. It convinced me that a declaration should really be created because the existing human rights conventions do not talk about the issues indigenous people.”

Dalee Sambo Dorough

Dorough, Inuit Alaska, described her early engagement in indigenous peoples land rights in the 1970s, during what she referred to as a the “pipeline generation.”

“It was the generation of development, when oil development and hydroelectric mining was being done without consultation of indigenous peoples,” she said. “Our own people were organizing because we wanted a seat at the table.”

“Our quest for equality and respect for and recognition of indigenous rights was couched In terms of the violations of international law by governments. What we were seeing in our own specific contexts was racism and discrimination perpetrated against indigenous peoples.”

Tauli-Corpuz reflected on the challenges of securing buy-in from indigenous leaders who were skeptical about the effectiveness of an international body like the United Nations in making a difference on the everyday lives of indigenous communities.

“Radical groups were also skeptical about what the UN will do for indigenous peoples. They believe that their only option was to take up arms and fight against the oppressive government,” she said.

Tarcila Rivera Zea

Indigenous elders understood the importance of working with the Philippine government to advocate for the rights of indigenous communities on their ancestral lands. “[The Philippine government] needed to understand that they cannot continue oppressing us in this way. We also needed to find allies who shared this view as well,” says Tauli-Corpuz.

While we continue to see “gross violations” of human rights against indigenous peoples, Tauli-Corpuz remains hopeful that the declaration has opened up ways for indigenous leaders to engage with states and dominant society, deal directly with the issues and engage in dialogue.

“One thing that has changed is that indigenous peoples have realized that they have to engage in dialogue with government: we cannot keep on fighting and sacrificing lives,” she says.

“We have provided options for indigenous peoples so they will not be forced into very radical options that in the end will not address the problems.”

Les Malezer

Malezer noted that from his experience in leading aboriginal communities in Australia, discrimination against and exploitation of indigenous peoples are at the root of the systemic issues that stand in the way of full and inclusive participation.

“Persistence and perseverance will get there. When we look at what options we have: we have a political fight, a legal fight, or an out-and-out fight – conflict – in order to get our rights,” he said. “We can choose any of those paths – they’re neither right nor wrong depending on the circumstances.”

Melzer addresses the importance of acknowledging the history of colonization in framing the concept of indigenous rights in the context of international law.

“Indigenous peoples’ struggle for their rights preceded the United Nations. We have existed before we were colonized, and we have always had our sense of our rights.” he says.