"Broken treaties must become a thing of the past" - UN expert calls for reconciliation with indigenous peoples

For International Day of the World's Indigenous Peoples
Friday 9 August

GENEVA (9 August 2013) - The United Nations Special Rapporteur on the rights of indigenous peoples, James Anaya, today urged Governments worldwide to respect all agreements -new and old- with indigenous peoples to provide a basis for much needed reconciliation and overcome all obstacles to the full realization of indigenous peoples' rights.

"Indigenous peoples around the world face significant challenges that are related to widespread historical wrongs, including broken treaties and acts of oppression and misguided government policies, that today manifest themselves in disadvantages and impediments to the exercise of their individual and collective rights," the expert said on International Day of the World's Indigenous Peoples.

"Full respect for treaties, agreements and other constructive arrangements is a crucial element in advancing toward reconciliation with indigenous peoples," he underscored, "and in addressing persistent deep-rooted problems related to historical wrongs, failed policies of the past, and continuing barriers to the full realization of indigenous peoples' rights".

The right of indigenous peoples to recognition and enforcement of treaties, agreements and other constrictive arrangements is a key right recognized in the Declaration on the Rights of Indigenous peoples. The Declaration preamble further recognizes that these rights are 'the basis for a strengthened partnership between indigenous peoples and States.'

"Honouring treaties and other long-standing agreements can go far in helping to build trust among indigenous peoples and to rebuild relationships between States and indigenous peoples in a true spirit of good faith, partnership, and mutual respect," he noted.

The Special Rapporteur stressed that this should be part of a broader dialogue, both at the international and national levels, "to help build understanding between indigenous peoples and others, and to help shift any persistent negative attitudes or misunderstandings about indigenous peoples and their rights."

With respect to new treaties and agreements being developed, including in relation to extractive industries operating in or near indigenous lands, the UN expert underscored that these should be consistent with international standards concerning the rights of indigenous peoples, both in relation to indigenous participation in these processes as well as in terms of substantive outcomes.

"In no instance should new treaties or agreements fall below or undermine the standards set forth in the Declaration on the Rights of Indigenous Peoples or established in other international sources," he said.

"Broken treaties must become a thing of the past," he stressed.

From World Intellectual Property Organization (WIPO)

Message from WIPO Director General, Francis Gurry, on the occasion of the International Day of the World's Indigenous Peoples

Geneva, August 9, 2013

WIPO Director General Francis Gurry
(Photo: Dhillon Photographics).

Indigenous Peoples' traditional knowledge (TK) and traditional cultural expressions (TCEs) embody significant innovation and creativity and contribute to the diversity and richness of the planet's civilizations and cultures. They also contribute to the cultural identity, sustainable development and social cohesion of Indigenous Peoples and local communities, and, globally, to the conservation of the environment, the promotion of food security and the advancement of public health.

The enhanced promotion, preservation and protection of TK and TCEs are called for by Indigenous Peoples and local communities, who seek greater control over if and how their TK and TCEs are accessed and used outside the traditional context.

Indigenous Peoples and local communities have, therefore, a direct stake in the negotiations underway at the World Intellectual Property Organization (WIPO) with the objective of reaching agreement on an international legal instrument or instruments which will ensure the effective protection of TK and TCEs. The negotiations also address the relationship between intellectual property and genetic resources, another issue of seminal interest and importance for Indigenous Peoples. The negotiations take place within the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the IGC).

In this regard, this year's theme for the International Day of the World's Indigenous Peoples, "Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements", advocates for the need to respect and promote the inherent rights of Indigenous Peoples. The United Nations Declaration on the Right of Indigenous Peoples (UNDRIP) reflects a global understanding on the rights of Indigenous Peoples, and it directly addresses intellectual property protection in its Article 31, which refers to Indigenous Peoples' "right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions".

Consistent with Article 18 of the UNDRIP, various modalities to ensure the full and direct participation of Indigenous Peoples in the IGC's negotiations are in place, including the WIPO Voluntary Fund, participation of Indigenous-selected experts in expert drafting groups, Indigenous Panels which precede each IGC session, and a WIPO-financed secretariat for Indigenous and local community participants during each session. In addition, WIPO offers the opportunity for an Indigenous Fellow to work within the WIPO Secretariat as a full and direct member of the team that works on TK, TCES and genetic resources.

In April this year, the Secretariats of WIPO and the United Nations Permanent Forum on Indigenous Issues (UNPFII) successfully co-organized an Indigenous Expert Workshop on Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. WIPO funded the participation of the seven invited experts, a Member of the Permanent Forum, and a member of the Permanent Forum Secretariat. The results of the Workshop were reported to the IGC when it met in July 2013. The WIPO Secretariat is also providing support to Mr. Paul Kanyinke Sena, the current Chair of the Permanent Forum, in his completion of a TK-related study for the Forum. These activities are among the comprehensive responses of WIPO to the Permanent Forum's recommendations made to WIPO in 2012.

It is with deep appreciation and respect that the WIPO joins today in celebrating the International Day of the World's Indigenous Peoples, 2013.

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From http://undesadspd.org/IndigenousPeoples/InternationalDay/2013.aspx

International Day of the World's Indigenous Peoples 2013

9 August 2013
3:00PM
United Nations Headquarters
Conference Room 2
New York

International Day of Indigenous

" Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements"*

>>>Programme of the Day

>>>LIVE WEBCAST

The 19th commemoration of the International Day of the World's Indigenous Peoples will be held on Friday, 9 August 2013 at UN Headquarters in New York, organized by the Secretariat of the Permanent Forum on Indigenous Issues DSPD/DESA, the United Nations Department of Public Information, and the NGO Committee on the Decade of the World's Indigenous Peoples.

There will be statements delivered on behalf of the Secretary-General, the Under-Secretary-General for Economic and Social Affairs - DESA, the Chairperson of the Permanent Forum on Indigenous Issues and others.

An interactive dialogue entitled Indigenous peoples building alliances: Honouring treaties, agreements and other constructive arrangements, will take place from 3:00pm to 6:00pm. in Conference Room 2. Please note that this is a room change.

REGISTRATION TO THIS EVENT IS NOW CLOSED

Those who have registered may pick up their passes at the UN entrance on 1^st avenue and 47^th street, outside the gate (just in front of the white North Lawn Building (across from Dag Hammarskjold Plaza), from 2:15pm until 3:00pm on 9 August. Please note that the location of distribution of passes is different from previous years, due to renovation at the General Assembly building and closure of the Visitors' Lobby.

This commemoration is an afternoon event and the Secretariat of the Permanent Forum on Indigenous Issues does not issue any invitation letter for participation in this event.

Representatives of Member States, UN Agencies, indigenous peoples', other non-governmental organizations and the media are invited to attend.

Please note that, due to high number of requests for registration to this event, passes will be distributed on a first-come first -served basis to those who have registered.

Thank you in advance for your understanding!

*The theme aims to highlight the importance of honouring treaties, agreements and other constructive arrangements, between States, its citizens and indigenous peoples. Both indigenous and non-indigenous peoples have a pivotal role in making treaties "living documents" in their own communities, by establishing new ways to live together, respecting one another and cooperating in the pursuit of common goals. This contributes to building societies that guarantee the security of their communities, while preserving the environment in recognition of the unique spiritual, cultural and historic relationship between indigenous peoples and their lands and natural resources.

The theme is inspired by the Two Row Wampum Renewal Campaign, an educational advocacy campaign organized by the Haudenosaunee people (a confederacy of six nations living in New York State), to honour their first treaty concluded with Dutch immigrants in 1613. (For more information, visithttp://honorthetworow.org).