INDIGENOUS STATEMENT OF PRINCIPLES FOR THE WORLD CONFERENCE AGAINST RACISM (WCAR)

Santiago, Chile, December 4, 2000

 

1. Indigenous peoples and individuals urgently need protection against racism and racial discrimination.

2. The WCAR Declaration and Plan of Action should recognize that, under international law, indigenous peoples have the right of self determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

3. Strong declarations on the rights of indigenous peoples should be adopted by the United Nations and the Organization of American States before the end of the International Decade of the World*s Indigenous Peoples. ILO Convention (169) Concerning Indigenous and Tribal Peoples should be ratified by all states that have not done so.

4. All States should examine their constitutions, laws, legal systems, and policies to identify and eradicate both explicit and inherent racism or bias toward indigenous peoples. Examples of such racism include the doctrines of discovery and terra nullius, plenary power; prohibitioilens against the collective ownership of land; the doctrine that indigenous lands can be taken by the government without due process of law or adequate compensation; doctrines which provide for the unilateral extinguishment of indigenous land rights and title; and discriminatory land claim processes. This analysis must be included in reports to CERD for those countries that have signed the Convention on the Elimination of All Forms of Racial Discrimination, or reports to the Sub-Commission on Prevention of Discrimination and Protection of Minorities for non-signatories.

5. All States should formally denounce discriminatory legal doctrines and policies that deny or limit indigenous land and resource rights, and should affirmatively recognize indigenous peoples as the rightful managers of their lands and resources.

6. All States should take steps to eradicate the racism that inheres in their criminal and civil justice systems, and should provide funding and other assistance to strengthen and enhance indigenous peoples* own justice systems.

7. All States must engage in meaningful consultations with indigenous peoples regarding all matters which may affect their physical security or their culture.

8. The UN Permanent Forum on Indigenous Issues should be effectively implemented with all needed funding.

9. An effective UN human rights complaint procedure should be developed for racial discrimination against indigenous peoples and for problems of racism in general.

10. A capacity building program for indigenous peoples and other victims of racism aimed at increasing effective participation in the UN and other international bodies should be developed, using indigenous experts as well as others. This program should be designed to disseminate information regarding procedures of the UN and other international bodies and to facilitate maximum indigenous access to international bodies. Workshops on how to participate effectively at the international level should be held in indigenous communities, and other communities affected by racism.

11. Funds should be set aside for the participation of indigenous peoples to the fullest extent possible in all WCAR forums.

12. Indigenous representatives should be allowed to address all WCAR plenary and working sessions.

13. All the rights established in these principles must apply equally to indigenous men and women.