Major Group: Indigenous Peoples
Co-‐chairs'
meeting
with
representatives
of
Major
Groups
and
other
stakeholders
Conflict
prevention,
post-‐conflict
peacebuilding
and
promotion
of
durable
peace,
rule
of
law
and
governance,
02/07/2014
Submitted
by
Roberto
Múkaro
Borrero
(Taíno),
International
Indian
Treaty
Council
Thank
you
honorable
co-‐Chairs.
Let
me
begin
by
noting
that
during
previous
sessions,
the
Indigenous
Peoples
Major
Group
addressed
the
broader
theme
of
governance
and
those
statements
are
available
at
the
Sustainable
Development
Knowledge
Platform.
Our
presentation
today
will
therefore
focus
more
specifically
on
the
rule
of
law,
which
is
certainly
not
an
abstract
concept
to
the
World’s
Indigenous
Peoples.
The
rule
of
law
and
human
rights
do
matter
to
Indigenous
Peoples;
affirming
and
implementing
these
legal
and
conceptual
frameworks
are
among
the
reasons
why
we
engage
with
the
UN
system
and
the
States.
Indeed,
the
Indigenous
Peoples
Major
Group
takes
note
of
the
Secretary-‐General’s
Report
on
‘Delivering
Justice’
where
he
states:
“The
rule
of
law
is
a
core
principle
of
governance
that
ensures
justice
and
fairness,
values
which
are
essential
to
our
humanity”.i
From
an
indigenous
perspective,
justice
and
fairness,
along
with
other
key
themes
such
as
durable
peace,
human
rights,
security,
accountability
and
sustainable
development,
cannot
be
promoted
in
isolation
or
at
the
expense
of
Indigenous
Peoples.
With
justice,
fairness,
and
the
rule
of
law
based
in
the
human
rights
framework,
there
is
much
that
can
and
must
be
done
to
ensure
the
voices,
interests,
and
concerns
of
Indigenous
Peoples
are
included
in
the
post-‐2015
development
agenda.
Honorable
Co-‐Chairs,
we
are
aware
that
all
193
United
Nations
Member
States
endorsed
the
idea
that
the
rule
of
law
and
development
are
mutually
reinforcing.
Additionally,
States
affirmed
that
this
interrelationship
should
be
considered
in
the
post-‐2015
development
agenda.ii
Moreover,
there
already
seems
to
be
a
broad
consensus
that
the
post-‐2015
agenda
needs
to
move
forward
with
sustainable
development
at
its
core
and
the
eradication
of
poverty
as
its
top
priority.
Indigenous
Peoples,
however,
are
well
aware
that
poverty
will
not
be
alleviated
without
respect
for
rights,
justice
and
fairness.
Based
on
this
reality,
and
to
better
address
inequalities
faced
by
Indigenous
Peoples,
it
is
essential
that
the
advancement
of
the
rule
of
law
at
the
national
and
international
levels
be
clearly
articulated
as
a
priority
in
this
new
agenda.
There
is
a
need
for
Governments,
for
instance
on
the
country-‐level,
to
strengthen
their
regulatory
systems
with
strong,
yet
adaptable
legal
frameworks
that
not
only
take
into
account
of
the
special
situations
and
legal
frameworks
of
Indigenous
Peoples,
but
that
conform
fully
with
internationally
accepted
human
rights
standards
and
resulting
legal
obligations
and
2940 16th Street, Suite 305,
San Francisco, CA 94103-3664
Telephone: (415) 641-4482;
Fax: (415) 641-1298
International Indian Treaty Council
commitments.
In
this
context,
the
rule
of
law
as
defined
by
the
Secretary
General
forms
a
critical
point
of
reference
for
the
empowerment
and
meaningful
participation
of
Indigenous
Peoples
and
other
marginalized
groups
in
the
post-‐2015
agenda.iii
While
the
OWG
process
is
considering
the
linkages
between
the
rule
of
law
and
sustainable
development,
there
are
a
number
of
challenges
and
issues
relevant
to
Indigenous
Peoples
that
should
be
taken
into
consideration.
These
include,
but
are
not
limited,
to:
Treaties,
agreements
and
other
constructive
arrangements
between
States
and
Indigenous
Peoples;
engagement
with
indigenous
legal
and
justice
systems;
Constitution-‐making;
institution-‐building;
participatory
mechanisms
for
conflict
resolution;
and
meaningful
and
effective
participation
in
processes
aimed
at
strengthening
the
rule
of
law.
Fortunately,
there
are
mechanisms
that
can
guide
States
and
the
United
Nations
System
toward
meaningful
engagement
with
Indigenous
Peoples
in
these
areas.
The
UN
Declaration
on
the
Rights
of
Indigenous
Peoples,
for
instance,
builds
on
existing
human
rights
standards,
many
of
which
represent
established,
legally-‐binding
obligations
of
States,
and
applies
these
standards
to
the
specific
needs
and
circumstances
of
Indigenous
Peoples.
The
Declaration
sets
out
minimum
standards
for
the
“survival,
dignity
and
well-‐being”
of
Indigenous
peoples
around
the
world
as
well
as
participatory
frameworks
for
resolution
of
conflicts.iv
The
Rio+
20
Outcome
Document
stressed
the
importance
of
the
participation
of
Indigenous
Peoples
in
the
achievement
of
sustainable
development.
It
also
recognizes
the
importance
of
the
UN
Declaration
on
the
Rights
of
Indigenous
Peoples
in
the
context
of
global,
regional,
national,
and
sub-‐national
implementation
of
sustainable
development
strategies.
In
closing,
the
Indigenous
Peoples
major
group
affirms
that
the
rule
of
law
is
a
principle
of
governance
that
promotes
justice,
fairness,
and
accountability.
We
call
upon
the
OWG
co-‐chairs
to
ensure
that
the
culmination
of
this
process
includes
a
clear
message
that
implementation
by
States
of
the
UN
Declaration
on
the
Rights
of
Indigenous
Peoples
and
other
human
rights
standards
including
the
Human
Rights
Covenants
and
the
Convention
on
the
Elimination
of
all
Forms
of
Racial
Discrimination
should
be
regarded
as
political,
moral
and
legal
imperatives
without
qualification.
Hahom/Thank
you.
i
“Delivering
justice:
programme
of
action
to
strengthen
the
rule
of
law
at
the
national
and
international
levels”,
16
March
2012,
A/66/749,
paragraph
1.
ii
See
http://www.un.org/News/Press/docs/2013/dsgsm721.doc.htm
iii
The
Secretary-‐General
defines
the
rule
of
law
as
“a
principle
of
governance
in
which
all
persons,
institutions
and
entities,
public
and
private,
including
the
State
itself,
are
accountable
to
laws
that
are
publicly
promulgated,
equally
enforced
and
independently
adjudicated,
and
which
are
consistent
with
international
human
rights
norms
and
standards.
It
requires,
as
well,
measures
to
ensure
adherence
to
the
principles
of
supremacy
of
law,
equality
before
the
law,
accountability
to
the
law,
fairness
in
the
application
of
the
law,
separation
of
powers,
participation
in
decision-‐making,
legal
certainty,
avoidance
of
arbitrariness
and
procedural
and
legal
transparency."
(Report
of
the
Secretary-‐General:
The
rule
of
law
and
transitional
justice
in
conflict
and
post-‐conflict
societies”
(2004))
iv
There
are
other
mechanisms
that
should
be
highlighted
in
this
context
such
as
the
CERD,
the
Convention
on
the
Rights
of
the
Child,
ILO
Convention
169,
etc.
meeting
with
representatives
of
Major
Groups
and
other
stakeholders
Conflict
prevention,
post-‐conflict
peacebuilding
and
promotion
of
durable
peace,
rule
of
law
and
governance,
02/07/2014
Submitted
by
Roberto
Múkaro
Borrero
(Taíno),
International
Indian
Treaty
Council
Thank
you
honorable
co-‐Chairs.
Let
me
begin
by
noting
that
during
previous
sessions,
the
Indigenous
Peoples
Major
Group
addressed
the
broader
theme
of
governance
and
those
statements
are
available
at
the
Sustainable
Development
Knowledge
Platform.
Our
presentation
today
will
therefore
focus
more
specifically
on
the
rule
of
law,
which
is
certainly
not
an
abstract
concept
to
the
World’s
Indigenous
Peoples.
The
rule
of
law
and
human
rights
do
matter
to
Indigenous
Peoples;
affirming
and
implementing
these
legal
and
conceptual
frameworks
are
among
the
reasons
why
we
engage
with
the
UN
system
and
the
States.
Indeed,
the
Indigenous
Peoples
Major
Group
takes
note
of
the
Secretary-‐General’s
Report
on
‘Delivering
Justice’
where
he
states:
“The
rule
of
law
is
a
core
principle
of
governance
that
ensures
justice
and
fairness,
values
which
are
essential
to
our
humanity”.i
From
an
indigenous
perspective,
justice
and
fairness,
along
with
other
key
themes
such
as
durable
peace,
human
rights,
security,
accountability
and
sustainable
development,
cannot
be
promoted
in
isolation
or
at
the
expense
of
Indigenous
Peoples.
With
justice,
fairness,
and
the
rule
of
law
based
in
the
human
rights
framework,
there
is
much
that
can
and
must
be
done
to
ensure
the
voices,
interests,
and
concerns
of
Indigenous
Peoples
are
included
in
the
post-‐2015
development
agenda.
Honorable
Co-‐Chairs,
we
are
aware
that
all
193
United
Nations
Member
States
endorsed
the
idea
that
the
rule
of
law
and
development
are
mutually
reinforcing.
Additionally,
States
affirmed
that
this
interrelationship
should
be
considered
in
the
post-‐2015
development
agenda.ii
Moreover,
there
already
seems
to
be
a
broad
consensus
that
the
post-‐2015
agenda
needs
to
move
forward
with
sustainable
development
at
its
core
and
the
eradication
of
poverty
as
its
top
priority.
Indigenous
Peoples,
however,
are
well
aware
that
poverty
will
not
be
alleviated
without
respect
for
rights,
justice
and
fairness.
Based
on
this
reality,
and
to
better
address
inequalities
faced
by
Indigenous
Peoples,
it
is
essential
that
the
advancement
of
the
rule
of
law
at
the
national
and
international
levels
be
clearly
articulated
as
a
priority
in
this
new
agenda.
There
is
a
need
for
Governments,
for
instance
on
the
country-‐level,
to
strengthen
their
regulatory
systems
with
strong,
yet
adaptable
legal
frameworks
that
not
only
take
into
account
of
the
special
situations
and
legal
frameworks
of
Indigenous
Peoples,
but
that
conform
fully
with
internationally
accepted
human
rights
standards
and
resulting
legal
obligations
and
2940 16th Street, Suite 305,
San Francisco, CA 94103-3664
Telephone: (415) 641-4482;
Fax: (415) 641-1298
International Indian Treaty Council
commitments.
In
this
context,
the
rule
of
law
as
defined
by
the
Secretary
General
forms
a
critical
point
of
reference
for
the
empowerment
and
meaningful
participation
of
Indigenous
Peoples
and
other
marginalized
groups
in
the
post-‐2015
agenda.iii
While
the
OWG
process
is
considering
the
linkages
between
the
rule
of
law
and
sustainable
development,
there
are
a
number
of
challenges
and
issues
relevant
to
Indigenous
Peoples
that
should
be
taken
into
consideration.
These
include,
but
are
not
limited,
to:
Treaties,
agreements
and
other
constructive
arrangements
between
States
and
Indigenous
Peoples;
engagement
with
indigenous
legal
and
justice
systems;
Constitution-‐making;
institution-‐building;
participatory
mechanisms
for
conflict
resolution;
and
meaningful
and
effective
participation
in
processes
aimed
at
strengthening
the
rule
of
law.
Fortunately,
there
are
mechanisms
that
can
guide
States
and
the
United
Nations
System
toward
meaningful
engagement
with
Indigenous
Peoples
in
these
areas.
The
UN
Declaration
on
the
Rights
of
Indigenous
Peoples,
for
instance,
builds
on
existing
human
rights
standards,
many
of
which
represent
established,
legally-‐binding
obligations
of
States,
and
applies
these
standards
to
the
specific
needs
and
circumstances
of
Indigenous
Peoples.
The
Declaration
sets
out
minimum
standards
for
the
“survival,
dignity
and
well-‐being”
of
Indigenous
peoples
around
the
world
as
well
as
participatory
frameworks
for
resolution
of
conflicts.iv
The
Rio+
20
Outcome
Document
stressed
the
importance
of
the
participation
of
Indigenous
Peoples
in
the
achievement
of
sustainable
development.
It
also
recognizes
the
importance
of
the
UN
Declaration
on
the
Rights
of
Indigenous
Peoples
in
the
context
of
global,
regional,
national,
and
sub-‐national
implementation
of
sustainable
development
strategies.
In
closing,
the
Indigenous
Peoples
major
group
affirms
that
the
rule
of
law
is
a
principle
of
governance
that
promotes
justice,
fairness,
and
accountability.
We
call
upon
the
OWG
co-‐chairs
to
ensure
that
the
culmination
of
this
process
includes
a
clear
message
that
implementation
by
States
of
the
UN
Declaration
on
the
Rights
of
Indigenous
Peoples
and
other
human
rights
standards
including
the
Human
Rights
Covenants
and
the
Convention
on
the
Elimination
of
all
Forms
of
Racial
Discrimination
should
be
regarded
as
political,
moral
and
legal
imperatives
without
qualification.
Hahom/Thank
you.
i
“Delivering
justice:
programme
of
action
to
strengthen
the
rule
of
law
at
the
national
and
international
levels”,
16
March
2012,
A/66/749,
paragraph
1.
ii
See
http://www.un.org/News/Press/docs/2013/dsgsm721.doc.htm
iii
The
Secretary-‐General
defines
the
rule
of
law
as
“a
principle
of
governance
in
which
all
persons,
institutions
and
entities,
public
and
private,
including
the
State
itself,
are
accountable
to
laws
that
are
publicly
promulgated,
equally
enforced
and
independently
adjudicated,
and
which
are
consistent
with
international
human
rights
norms
and
standards.
It
requires,
as
well,
measures
to
ensure
adherence
to
the
principles
of
supremacy
of
law,
equality
before
the
law,
accountability
to
the
law,
fairness
in
the
application
of
the
law,
separation
of
powers,
participation
in
decision-‐making,
legal
certainty,
avoidance
of
arbitrariness
and
procedural
and
legal
transparency."
(Report
of
the
Secretary-‐General:
The
rule
of
law
and
transitional
justice
in
conflict
and
post-‐conflict
societies”
(2004))
iv
There
are
other
mechanisms
that
should
be
highlighted
in
this
context
such
as
the
CERD,
the
Convention
on
the
Rights
of
the
Child,
ILO
Convention
169,
etc.