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:Nyan-ko-pong: Sovereign Native Maroon People Global Research & Community Development

Adoption of the United Nations Declaration on the Rights of Indigenous Peoples:

12 September 2020

The United Nations Declaration on the Rights of Indigenous Peoples (U.N.D.R.I.P) was adopted by the General Assembly on 13 September 2007, with 144 countries voting in support, 4 voting against and 11 abstaining.

Thirteen years have passed since the UN Declaration was adopted by the General Assembly. Since then, the four countries voting against have reversed their position and now support the Declaration.
Today the Declaration is the most comprehensive international instrument on the rights of indigenous peoples. It establishes a universal framework of minimum standards for the survival, dignity and well-being of the indigenous peoples of the world and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of indigenous peoples.

Some highlights of the Declaration

Seventeen of the forty-five articles of the Declaration deal with indigenous culture and how to protect and promote it, by respecting the direct input of indigenous peoples in decision-making, and allowing for resources, such as those for education in indigenous languages and other areas.

Fifteen of the forty-six articles of the Declaration are about indigenous peoples' participation in all decisions that will affect their lives, including meaningful participation in a democratic polity.

The Declaration confirms the right of indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

Essentially, the Declaration outlaws discrimination against indigenous peoples, promotes their full and effective participation in all matters that concern them, as well as their right to remain distinct and to pursue their own visions of economic and social development.

More information about the UN Declaration, click here >>>
United Nations Declaration on the Rights of Indigenous Peoples | ( Download/View Document)

Maroon Treaty (1738)

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I.L.O Convention 169 and why it is important?

I.L.O (International Labour Organization) Convention 169 on Indigenous Peoples is an international treaty adopted on June 27 1989 and ratified by Colombia through Law 21 of 1991, it means that it has the same legal value as the Colombian Constitution itself.

This Convention recognizes the right of Indigenous Peoples to take control of their own institutions, ways of life, their economic development and to maintain and strengthen their identities, languages and religions, within the framework of the States in which they live. It is a very important international legal instrument, as it protects the rights of indigenous peoples as a collective subject.

What is the International Labour Organizatrion?

The International Labour Organization (I.L.O) was created on April 1919, but was in 1945 that became an especial agency of the United Nations. I.L.O brings together governments, employers and workers of 187 member States, to set labour standards, develop policies and devise programmes promoting decent work for all women and men.

The 107 Convention
In 1957, the I.L.O adopted the 107 Convention on Indigenous, the first international treaty on the rights of indigenous peoples. It was ratified by 27 countries, mainly in the America, South Asia and several countries in Africa and Europe, and covers issues such as employment and occupation, land rights and education in indigenous languages. The 107 Convention assumed that the only possible future for indigenous and tribal peoples layed in their integration into society and that decisions concerning to their development should be in the hands of others. For this reason, The I.L.O worked on a new convention that would overcome these obsolete concepts: Convention 169.

169 Convention

The I.L.O Convention 169 is based on respect for the cultures and lifestyles of indigenous and tribal peoples, and recognizes their right to define their own development priorities. Its two basic postulates are:

1. their right to maintain and strengthen their cultures, lifestyles and institutions; and,
2. their right to participate effectively in decisions that affects them.

This legal instrument promotes respect for the cultures, forms of life, traditions and customary law of indigenous peoples. It is founded on the principle that these structures and forms of life have an intrinsic value that needs to be safeguarded.

The Convention 169 contains 46 articles setting minimum standards of respect for the rights of indigenous peoples, including the ownership of their lands, the natural resources of their territories, preserving their traditional knowledge, self determination and prior consultation.

Currently, 22 countries have ratified the Convention. This is a legal instrument, binding on those countries that ratify it. When a State signs, it means that it commits to adapt national legislation, to develop relevant actions and to report regularly to I.L.O supervisory bodies on the practical and legislative implementation.

The countries that have ratified the Convention are: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Paraguay, Peru, Venezuela, Denmark, Spain, Fiji, Nepal, Norway, the Netherlands and the Central African Republic. This legal instrument defends Indigenous Peoples who, in the case of Latin America and the Caribbean, are 50 million people, according to U.N.I.C.E.F.

I.L.O (International Labour Organization) Convention 169 on Indigenous Peoples
( https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:55:0::NO::P55_TYPE,P55_LANG,P55_DOCUMENT,P55_NODE:REV,en,C169,/Document )

The 169 Convention is an "Amazing Achievement" for the indigenous peoples since it is an international reference that can be invoked to protect and reivindicate their rights, as well as not to be discriminated or marginalized from society.

The enshrinement of the fundamental right to prior consultation, free and informed consent and its jurisprudential development is very important to the Amazon Indigenous Peoples. Also, it has incorporated specific criteria for assessing the importance of indigenous knowledge systems and clarifies the superior character of cultural diversity with respect to initiatives that impose visions and projects of extractive development, which, in practice, would lead to the extermination of indigenous peoples.

Source on internet: ( https://www.gaiaamazonas.org/.../2019-07-25_what-is-ilo.../ )

Background Briefing on U.N-R.2.P
The Responsibility to Protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing has emerged as an important global principle since the adoption of the United Nations World Summit Outcome Document in 2005.

Responsibility to Protect

The Responsibility to Protect - known as R.2.P - is an international norm that seeks to ensure that the international community never again fails to halt the mass atrocity crimes of genocide, war crimes, ethnic cleansing and crimes against humanity. The concept emerged in response to the failure of the international community to adequately respond to mass atrocities committed in Rwanda and the former Yugoslavia during the 1990s. The International Committee on Intervention and State Sovereignty developed the concept of R.2.P (Responsibility to Protect) during 2001.

The Responsibility to Protect was unanimously adopted in 2005 at the United Nations World Summit, the largest gathering of Heads of State and Government in history. It is articulated in paragraphs 138 and 139 of the World Summit Outcome Document:

World Summit Outcome Document

138. Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and support the United Nations in establishing an early warning capability.

139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities are manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity and its implications, bearing in mind the principles of the Charter and international law. We also intend to commit ourselves, as necessary and appropriate, to helping States build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assisting those which are under stress before crises and conflicts break out.

R.2.P stipulates three pillars of responsibility:
PILLAR ONE:	PILLAR TWO:	PILLAR THREE:
Every state has the Responsibility to Protect its populations from four mass atrocity crimes: genocide, war crimes, crimes against humanity and ethnic cleansing.	The wider international community has the responsibility to encourage and assist individual states in meeting that responsibility.	If a state is manifestly failing to protect its populations, the international community must be prepared to take appropriate collective action, in a timely and decisive manner and in accordance with the U.N. Charter.

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