CONVENTIONS AND DECLARATION ON THE RIGHT OF INDIGENOUS PEOPLE TO USE THEIR OWN LANGUAGE
The Declarations subscribed by Indigenous Peoples are of fundamental importance for the work of our association. Some examples are useful to understand how much it is important to remind indigenous voices. Our work must be sustained and supported by the collaboration with government institutions and international organizations in order to draw up documents on the current condition of the Natives and to recognize their right to preserve their own identity as a community.
The International Law envisages instruments binding under law and non binding ethical instruments. Conventions, for example, are binding for the Countries that, apart from being signatories of the document, have ratified it.
Declarations are not binding under law but the principles referred to in them have a great ethical value which make the signatories feel conditioned.
Declarations for Indigenous Peoples
Declaration for Linguistic Auto-determination, 1st Congress on Languages held on 19th November 2004 in Ciudad de Rosario (Argentina) and signed by Indigenous Peoples and the present Organizations.
The Declaration for Linguistic Auto-determination is a very important document redacted by Indigenous Peoples with the support of some Organizations that were present in that occasion. It is a Declaration that underlines the importance to recognize the linguistic heterogeneity in the name of the maintenance of Indigenous Peoples values. It appeals to States and Governments to stop linguistic discrimination against people that consider their language and culture as fundamental in their lives.
It clinches the solidarity present between
Indigenous Peoples; “if you attack a people, you attack all the
people, if you repress a language, you repress all the languages” .
Adolfo Pérez Esquivel, Nobel Peace Prize in 1980 and leader in spreading Human
Rights information, has coadiuvated the activity for the drowning up of the
Declaration.
In that occasion he was indicated as Honorary
President to the 1st Congress on Languages.
DOCUMENT ON AUTODETERMINATION cart. Site on Indigenous
People.
http://www.quechuanetwork.org/news_template.cfm?news_id=2237&lang=s
Declaration of Kari-Oca and Carta da
Terra dos Povos Indigenas, supported by UNEP
(UN programme for environment) and the Intertribal Committee for Indigenous
memory and science, May 1992 (complete declaration and, from the Carta,
arts. 16, 19, 25, 26, 56, 57, 58, 59, 60, 64 e arts. from 84 to 109)
The Declaration of Kari- Oca has always been remembered as the most important
and meaningful meeting that Indigenous Peoples have organized to speak about
their problems. On May of 1992, one month before the starting of the Conference
in Rio, UNEP, together with the Intertribal Committee for Indigenous Memory and
Science, organized a meeting in Kari Oca; from that moment, that place became a
kind of “Indigenous Parliament” in which there were discussions on the rights
and liberties which Indigenous Peoples would have seen recognized in order to
express their personality.
The meeting in Kari Oca, supported by 50 National
Committees and 118 Indigenous peoples, brought to the redaction of a solemn
declaration and a chart for the land of indigenous peoples composed by 109 articles
and in which it is riveted loudly the need to recognize the collective rights
more than individual ones.
The Charter for the land, after the Conference in Kari-Oca, was an important
document during the Conference in Rio de Janeiro. There was the intention to
underline, first of all, the fundamental role of the land in the life of
indigenous people and then how much there were important indigenous people for
the safeguarding of resources and lands. Moreover, it is necessary to recognize
the importance of intangible assets, and so culture and local traditions, which
still survive thanks to a shared logic but most of all to the connection with
the settings. Land and culture represent two different realities that must be
treated, from an indigenous view, as connected the first to the latter. This process
cannot seem logical by the western view because they can accept that land
produces useful resources for life but don’t believe that it has a spiritual
and cultural value as indigenous people do. There were present 66 indigenous
committees or support committees coming from all over the, 51 indigenous people
from Brazil, 17 Brazilian and international observatories and 44 indigenous
leaders from Brazilian people..
http://www.idrc.ca/fr/ev-30141-201-1-DO_TOPIC.html
WCIP (Indigenous
People World Council), Solemn Declaration of Indigenous Peoples,
Port Alberni, October 1975.
Port Alberni has hosted the first big meeting never organized before by
Indigenous during which Indigenous people expressed their will to show their shared
identity underlining the most consolidated aspects and remembering the sad
history of conquests and submissions. At some point in the declaration there
are descriptions about the aggressor and the insensibility towards the
indigenous. On that occasion it was born WCIP (World Council of Indigenous
Peoples). 260 people from 18 countries met in Canada to represent the 5000 indigenous
communities of the planet. In some passages, it is underlined the relationship
with the land, a mother that nourishes her sons and makes them active and
proactive. The key themes were faced underlining the pride of the presents. The
value of culture is present everywhere in the declaration in order to recognize
their identity as a community.
http://www.indigenouspeople.net/declare.htm
UN Declarations and conventions.
Charter of the United Nations, (Preamble, article 1 par. 2;
Cap. IX, art. 55).
The Charter (111 articles) has been subscribed on 26th June 1945 in San Francisco at the end of the conference of the United Nations on the International
Organization. It entered into force on 24th October 1945 after the ratification of the Statute by the five permanent members (France, United States, China-Taiwan,
Soviet Union and United Kingdom) and by many of the 46 signatory countries.
The aim was to build a solid meeting ground in which UN countries could sign a
ethical binding document in order to set behaviours and a set of actions to
respect.
http://files.studiperlapace.it/docs/onucarta.pdf
Universal Declaration of Human Rights, (Preamble, article 2)
On 10th December 1948, the General Assembly of United Nations has adopted and
proclaimed the Universal Declaration of Human Rights. 60 articles resume in a
solemn and emblematic way those that have to be recognized as the universal and
inalienable rights of every man, without any form of discrimination and
opposition.
These key guidelines contain all the rights entitled to every person, no matter
where he/she lives. The present Declaration has been translated in 366 languages
with the aim to make people aware about the existence of such fundamental
document. Since there are more than 6000 languages in the world, the number of
translations could seem exiguous; but, being 6 the official languages according
to UN, it represents a good example of democratic circulation of rights that
everyone should recognize, without discrimination.
http://www.studiperlapace.it/view_news_html?news_id=dichuniversale
Draft Declaration on the Rights of
Indigenous Peoples, completed by the working
group on indigenous population in1993 and adopted on 29th June 2006 by the Commission on Human Rights (articles 14, 15, 17).
In 1988 the Working Group on Indigenous Populations presented to the
Sub-commission for the Prevention against Discriminations, acting in UN, the
Draft Declaration on the rights of indigenous people. The way toward the
approval of such draft has been difficult. Many countries objected the
redaction of the draft so as made up by WGIP. The reason was the reluctance of
the governments to accept principles that recognized the independence of the
community identity. When speaking about human rights we always refer to an
individual and not to a community. When the first decade began in 1992 (1995 -
2004), proclaimed as the Year for Indigenous People by the Secretary General of
United States, Boutros Ghali, there has been more and more attention on the
importance of the community law referring to identified ethnic groups. The
rights to auto-determination and the acceptance of the community are been 2 of
the elements that made difficult to accept the declaration, which, not being
binding by law, remains a ethical document.
http://www.gfbv.it/3dossier/diritto/dich-univ-it.html
UNESCO, Convention on the Protection
and the Promotion of the Diversity of Cultural expressions, Paris, 20th October 2005, adopted by the General Conference of
UNESCO (Preamble, 7 Sections, 35 articles).
The Chamber of Deputies adopted on 31st January 2007, the Convention on the Protection and the Promotion of the Diversity
of Cultural. It was important for the public engagement of Italy in the recognition of identity, cultural and linguistic communities. http://www.unesco.it/document/documenti/testi/protezione_promozione_diversita_culturali.pdf
UNESCO, Convention for the
Safeguarding of the Intangible Cultural, Paris 17th October 2003 (Preamble, 9 Sections, 40 articles)
The 32nd session of the General Assembly of UNESCO was held in Paris from the 29th September to the 17th October 2003. The first session of the deals with the aims and the definitions relating to the “cultural
heritage”: this means the praxis, the representations, the traditions and
knowledge which characterized the individual identity. A cultural identity must
be safeguarded in order to give integrity to the groups with its own traditions
and languages. The present convention creates a General Assembly composed by
those who represent the Signatory countries; it constitutes the main part of
the convention and it has adopted a set of rules to refer to. Moreover, there
must be an intergovernmental Committee composed by 18 members representing 18
states chosen between the signatories. When the States will grow to 50, the
members pass to 24. On the 21st December 2006, in Bern, it has been opened the
consulting procedure for the ratification of the convention that will last
until March 2007.
http://www.admin.ch/ch/i/gg/pc/documents/1403/Vorlage_i.pdf
UNESCO, Universal Declaration on Cultural
Diversity, Paris, 2nd Novembe r 2001 adopted during the 31st session of the general conference of UNESCO
(Preamble, 4 Sections, 12 articles, guidelines for an action plan).
The Universal Declaration on cultural diversity was born from the need to guarantee
and preserve the identity pluralism through the exaltation of diversity. The
convention is important because shows that cultural diversity is a kind of
support for the human common heritage. The States must support active policies
in order to build active and solid partnerships. UNESCO acts as promoter to
enrich the programmatic guidelines and exalt all the cultures and identities. http://italy.comnat.unesco.org/index.php?intIdCat=140&blnIsCat=0&intIdLang=1
UNESCO, Universal Declaration on
Linguistic Rights, Barcelona, 9th June 1996 (Preliminaries, Preamble, 6 Sections, 52 Articles, Additional and Final
Dispositions).
The Universal Declaration on Linguistic Rights is a large and complex document.
220 States from 90 Countries have participated. The meetings and debates have
brought to its adoption. Linguistic equity doesn’t always depend on the
economic and political status of a country. For this reason the declaration
refers to the article 2 of the Universal Declaration of Human Rights which
states the principle of non-discrimination for race, sex, colour, religion and
language. Harmonious relationships based on the sense of solidarity between
people and respects for diversity are foretold.
http://www.linguistic-declaration.org/index-gb.htm
Declaration and Integrated Framework of Action on Education for Peace, Human Rights and Democracy (International Conference on Education), signed by UNESCO in November 1995 (articles 19, 29);
Vienna Declaration, Programme of
Action adopted by the World Conference on
Human Rights on 25th June 1993 (article 19, First Part; articles 25, 26, 27,28,
29, 30, 31, 32 Second Part, paragraph dedicated to “persons belonging to
national, ethnic, religious and linguistic minorities”).
At the end of the Vienna Conference, the 171 Countries that were present
adopted the “Vienna Declaration and the Programme of Action”; it was an
international meeting between States, Governmental organizations and non- (NGOs
were more than 800), institutions and academics. The Conference, to which more
than 7000 delegates took part, meant a new epoch in the concept of human rights
and their application to a changing world. It was fundamental the role of
cooperation and the participation of local NGOs. At the end of the conference it
was riveted the need to collaborate and support human development and rights. The
present Declaration is addressed to Indigenous People and minorities; States
have the responsibility to preserve the dignity of indigenous communities.
During the meeting, the UN General Assembly was called for the creation of the
decade dedicated to indigenous people which started in1995.
http://www.studiperlapace.it/view_news_html?news_id=20050103061637
Declaration on the Rights of Persons
belonging to National or Ethnic, Religious or Linguistic Minorities, adopted by the UN Commission for Human Rights with resolution 1992/16,
on 21st February 1992 and the General Assembly with resolution 47/135 on 18th December
1992 (Article 1, 2, 4).
The Declaration recognizes national minorities. The first difference with the
Declaration for the rights of indigenous peoples consists in the approach to
communities: the minorities belonging to a community while indigenous people
ask for the recognition of community rights.
The present Declaration has been adopted unanimously with the consent of all
the States that saw no latent danger in it.
http://www.minoranzelinguistiche.provincia.tn.it/binary/pat_minoranze/Normativa_euroint/Dichiarazione%20sui%20diritti%20delle%20persone%20appartenenti%20alle%20minoranze%20nazionali%20o%20etn.pdf
UNCED,
Declaration on Environment and Development, 3-14 June 1992
(Preamble and Principle 22)
1992 is the year for indigenous people. On December 1991Boutros Ghali stated
that 1991 would become the year for indigenous peoples, promoting a series of
initiatives to give voice to that people. In June 1992 the Conference UNCED
(United Nations Conference on Environment and Development) was held in Rio de Janeiro for the promotion of a “sustainable development”. There was a huge
participation: 183 states (with their representatives) and 18.000 delegates,
technicians and environmentalists.
In the present declaration, also known as Rio declaration, it was exalted the autochthon
individual in developing policies on environment and resources. Indigenous
people were declared “guardians” of the land and its products: local traditions
and ancestral cultures are the most adequate to treat with environment and its dangers
and to consider the damages that the global development is provoking on
wildlife. Endangered big forests could see Indigenous people as the best ally.
The variety of the subjects discussed leads to a general instance: the conservation of the environment through the work of those able to manage it adequately and making profit from it without a hard exploitation that could have compromised the life of future generations. The States were “charged” to compromise their own economic policies in favour of a shared vision on the importance of environment for the survival of world peoples. http://agenda21.cm-mugello.fi.it/doc-bibloiteca/1992%20Dichiarazione%20di%20Rio.pdf
ILO, Convention n. 169, referring to Indigenous Peoples of Independent Countries, adopted
in Geneva on the 27th June 1989 (arts. 28, 30)
The Convention n. 169 of ILO (International Labour Organization) dates back to
June 1989. On 26th June 1957 Convention n.
107 was adopted.
The latter has remained as the most important reference for
Indigenous Peoples until 1989. Convention
169 was adopted on 27June, 32 years later together with substantial updating on
principles. The right to auto-identification is stated explicitly (art. 1.2) differently
from the Convention 107 that doesn’t refer to it. The temporal aspect must not
be undervalued and, for how regard the claimed rights, the influence of
Indigenous communities has grown as the years went by. Moreover, it clearly
claims the recognition of Indigenous peoples not as “people” but as “peoples”,
emphasizing in this way their composition.
The union of auto-identification and the exaltation of the composite nature of
the global Indigenous Peoples remark the need to preserve local language and
culture; both exist if they can be shared and sharing them means that one is
aware to be part of a group.
Convention 169 became a stronghold
of indigenous claims.
It is not a case if such convention has now found a real
consent of 18 Countries only.
In Europe Spain is the only country to have the Convention ratified.
Convention 107 is the one to which many countries refer to: 27 countries have
ratified it and 9 only have substituted it with the 169.
Perplexity comes out because countries fear that the convention (that is
binding except when collides with internal law) could give the cue to those who
claim for such rights to proceed with force against the “natural” cohesion of a
national territory: the principle of identification grants a high symbolic
value to the (ancestral) territory on which the communities are established.
Such convention constitutes the only principle of international law to
recognize rights to indigenous people in front of the state.
http://www.gfbv.it/3dossier/diritto/ilo169-conv-it.html
International Convention on Civil and
Political Rights, adopted by the UN General
Assembly with the resolution 2200A (XXI) on 16th December 1966 (Articles 1, 2, 14, 24, 26, 27). Such convention
entered into force on 23rd March
1976. Italy ratified it on 15 Septembe r 1978 and it entered into force on 25th October 1978 (law n. 881).
The convention does not contain specific references to indigenous communities
but, being addressed to the individual; communities can be obviously
contemplated as beneficiary. In more than one article the importance to
guarantee the individual cultural integrity is stated; moreover, assuring civil
and political rights leads to a participative connotation, a fundamental
element for indigenous peoples.
It must be remembered that the Convention on Civil and Political Rights
contains an optional Protocol that could not be considered during the
ratification.
http://www.ochcr.org/english/law/ccpr.htm
International Convention on Economic,
Social and Cultural Rights, adopted by the UN
General Assembly with the resolution 2200A (XXI) on 16 December 1966 (Preamble, 31 articles).
This convention, entered into force on 3rd January 1976, is important because contemplates social and cultural values which the States must guarantee to their
citizens. Indigenous peoples do not consider themselves as part of a national
society, or better, they consider the territories they inhabit as part of the
State.
http://www.ohchr.org/english/law/cescr.htm
UNESCO, Convention against Discrimination in Education, Paris, 14th December 1960. (19 Articles; arts. 1 2,5).