Indigenous Peoples, Human
Rights and the Stockholm
Convention, April 27th, 2011
presentation by Andrea Carmen,
International Indian Treaty Council
Human Rights: a
foundation of the UN
system
“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”
--- Preamble, Universal Declaration of
Human Rights, 1948
“Human rights are integral to the promotion of peace and
security, economic prosperity and social equity… A
major task for the United Nations, therefore, is to
enhance its human rights programme and fully integrate
it into the broad range of the Organization's activities”.
-- Report of the Secretary-General on Renewing
the United Nations: a Programme for Reform ,
to the UN General Assembly, July 1997
Health, Food and
Well-Being are Human Rights
“Everyone has the right to a standard of living
adequate for the health and well-being of himself
& of his family…including food”
-- Universal Declaration of Human Rights
“…In no case
may a people be
deprived of its
own means of
subsistence.”
Tazlina Fish Camp, Alaska
-- Article 1 in Common,
International Covenants
on Civil and Political
Rights and on Economic,
Social and Cultural Rights
“The Special Rapporteur
believes that the
contamination of
indigenous peoples’ land
and water affecting their
livelihood (traditional
fishing) may contribute to a
violation of the
Government’s obligation to
respect the right to food.”
-- UN Special Rapporteur on the
Right to Food, UN HUMAN RIGHTS
COUNCIL, May 18th 2007
History is Made: The General Assembly
Adopts the UN Declaration on the
Rights of Indigenous Peoples
September 13th, 2007
The Declaration is the
“Minimum Standard”
“The rights recognized
herein constitute the
minimum standards for
the survival, dignity and
well-being of the
indigenous peoples of
the world.”
--Article 43
Full Application by States and
UN Bodies, Article 42
“The United Nations, its bodies,
including the Permanent Forum on
Indigenous Issues, and specialized
agencies, including at the country level,
and States shall promote respect for and
full application of the provisions of this
Declaration and follow up the
effectiveness of this Declaration.”
Free Prior Informed Consent and
Hazardous Materials, Article 29
“States shall take
effective measures to
ensure that no storage or
disposal of hazardous
materials shall take place
in the lands or territories
of indigenous peoples
without their free, prior
and informed consent. ”
Military Toxics, N.E. Cape, St.
Lawrence Island, Alaska
Article 20: Right to
Subsistence and Development
1. Indigenous peoples
have the right to maintain
and develop their political,
economic and social
systems or institutions, to
be secure in the
enjoyment of their own
means of subsistence and
development, and to
engage freely in all their
traditional and other
economic activities.
Spiritual Relationship with
Traditional Lands and Resources
“Indigenous peoples have the right to maintain and strengthen
their distinctive spiritual relationship with their traditionally
owned or otherwise occupied and used lands, territories, waters
and coastal seas and other resources and to uphold their
responsibilities to future generations in this regard.” -- Article 25
)
Special needs of Indigenous
Women and Children
“Particular attention shall
be paid to the rights and
special needs
of indigenous elders,
women, youth, children
and persons with
disabilities in the
implementation of this
Declaration”.
-- Article 22
… and other Articles, including:
• Article 24 - Right to health, conservation of vital
plants & animals
• Article 26 – Right to traditional lands, territories &
resources
• Article 29 - Right to protection of environment,
productive capacity of lands & resources;
• Article 31 - Right to maintain, control, protect &
develop cultural heritage, traditional knowledge &
cultural expressions;
The Stockholm Convention recognizes
the impacts on Indigenous Peoples’
health and subsistence foods
“Arctic ecosystems and
Indigenous communities are
particularly at risk because
of the biomagnifcations of
POPs and that
contamination of their
traditional foods is a public
health issue”
-- preamble
Gwich’in child,
Arctic Village Alaska
FPIC is an International Human
Rights Principle: CERD General
Recommendation XXIII, 1997
…calls upon states to:
4 d) Ensure that members of indigenous peoples have equal rights in
respect of effective participation in public life and that no decisions
directly relating to their rights and interests are taken without their
informed consent;
5) “The Committee especially calls upon States parties to recognize and
protect the rights of indigenous peoples to own, develop, control and
use their communal lands, territories and resources and, where they
have been deprived of their lands and territories traditionally owned or
otherwise inhabited or used without their free and informed consent,
to take steps to return those lands and territories”
UN CERD also called on State parties
to hold corporations accountable
In February 2008, CERD expressed concerns about the adverse effects of exploitation
of natural resources by US transnational corporations, “on rights to land, health,
living environment and the way of life of indigenous peoples”, and called upon
the US to take appropriate legislative and administrative measures to prevent
transnationals it registers “from negatively impacting on the enjoyment of rights of
indigenous peoples in territories outside the United States.” [CERD/C/USA/CO/6]
“Exports included >27 million
pounds of pesticides whose use is
forbidden in the United States.”
-- Pesticide Exports from U.S. Ports, 2001–2003,
by Carl Smith, Kathleen Karr MD, and Ava
Sadripour, Esq.
UN Convention on the Rights of the Child
1. States Parties recognize the right
of the child to the enjoyment of the
highest attainable standard of
health…
2. States Parties shall pursue full
implementation of this right and, in
particular, shall take appropriate
measures:
(c) To combat disease and
malnutrition, …through the
provision of adequate nutritious
foods and clean drinking-water,
taking into consideration the
dangers and risks of
environmental pollution;
-- Article 24
)
Pesticides, Community Health and Free
Prior and Informed Consent (Mexico)
“The airplanes spray chemicals on the
crops, and it affects the town and its
inhabitants. In and around the whole town
there are large tanks holding hazardous
chemicals. Many people have died here.”
-- Testimony submitted to IITC by a 48 year
old mother of 6, Potam Pueblo, Rio Yaqui
Sonora, October 19, 2003
Permanent Damage to the Health and
Development of Infants and Children
Rio Yaqui, Mexico May 2006
Yaqui Traditional Leaders Assert their Right to
Free, Prior and Informed Consent, Declare Ban
on Aerial Spraying of Pesticides
December 2006 Press Conference,
Vicam Pueblo, Rio Yaqui, Sonora Mexico
“In many countries -- including
developed countries -- the
unsound management of
chemicals continues to affect
negatively human health and the
natural resources upon which
people depend for their
livelihoods, in some cases
further aggravating conditions of
poverty.”
--Okechukwu Ibeanu, UN Special
Rapporteur on Adverse Effects of the
movement and dumping of toxic and
dangerous products, May 2006
Gwich’in Singers, Arctic Village Alaska
“The land we hold in trust is our wealth. It is the only wealth we
could possibly pass on to our children. Good old Mother Earth with
all her bounty and rich culture we have developed from her treasures
is our wealth. Without our homelands, we become true paupers.”
-- Antoinette Helmer, Alaska Native
Cheoque Utesia, Thank you