The Rights of Indigenous Peoples and the Intercultural Bilingual Education in Bolivia, Ecuador and Peru Source: United Nations Declaration on the Rights of Indigenous Peoples, Sept-2007
Contents 1. INTRODUCTION: Articles 41 and 42 of the Declaration. Who are the Indigenous Peoples? 2. The Declaration and its historical contexts; General view on the Declaration 3. Reaffirming the individuals and collective rights. (some relevant articles related to Education) 4. EIBAMAZ and the Human Rights approach
Article 41: The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established. 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.
Who are the Indigenous Peoples? CRITERIAS OBJECTIVE CRITERIA 1. Peoples in countries who are regarded as indigenous on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonization or the establishment of present State boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions. (Continuity ) 2. a politically underprivileged group, who share a similar ethnic identity different to the nation in power, and who have been an ethnic entity in the locality before the present ruling nation took over power (wb, idb) SUBJECTIVE CRITERIA Self-identification is considered as a fundamental criterion for the identification of indigenous and tribal peoples HERE THE COLLECTIVE IDENTITY
Basic Premise The 169 convention of the ILO and the UN Declaration on the Rights of Indigenous Peoples were ratified and adopted because of the existence of inequality, racism, exclusion and because history has shown the massive violation of the human rights against IIPP 6 th Paragraph: Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,
THE DECLARATION AND ITS HISTORIC CONTENT 1985-1994 1994 1985, a working group was organized to elaborate the draft of the Declaration 1994: First International Decade of the World s Indigenous peoples. (1995-2004)
1993-2001 2000: The Economic and social council, (ECOSOC), established the UN Permanent Forum on Indigenous Issues, (first session was 2002) 2001: Rodolfo Stavenhaguen was appointed by the UN as the first United Nations Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous people through Resolution 2001/57.[1]. His mandate expired 30 April 2008. He was succeeded by Prof S. James Anaya of the University of Arizona
2005-2007 2007 2005 2015: Second International Decade of Indigenous Peoples in the World. (A/RES/59/174) 2007: United Nations Declaration on the Rights of Indigenous Peoples, approved by General Assembly, Sept 13, 2007
General view and some relevant articles
The Declaration 2007 in favor: 144 against (Australia, Canadá, New Zeland and United States) 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russia, Samoa y Ukraine) It is a historical achievement of indigenous peoples in the world and reaffirms the commitment of international community to respect, promote and fulfill collective and individual rights of indigenous peoples
THE DECLARATION Represents the reconciliation and changes in the relations between States and Indigenous peoples to fulfill justice and dignity for all. The Declaration is connected to history and challenges some development views: 4 th Paragraph: Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, (Hitlers??)
Relevant articles of the Declaration Indigenous peoples have the right to self-determination. Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, (Art. 3 y 4) 17 of the 46 articles of the Declaration talks about culture, language and education 15 of the 46 articles talks about the participation in all decision related to their internal and local affairs, including the participation in a democratic society. (local and national) The Declaration reaffirms the right to collective lands, territory and natural resources. It recognizes the free, prior and informed consent of the indigenous peoples. (Art. 10 gives them the right of veto)
Is it legally binding? Interesting debate, for some Yes and for some NO. It represents the dynamic development of international legal norms and it reflects the commitment of the UN's member states to move in certain directions (Ej: accepted and approved by General Assembly, it was originated from the UN Human Rights Commission, International Human Rights legislation should prevail over national or internal legislation). The Declaration does not create or establish new rights. It makes an interpretation and how international standards are apply to collective rights on indigenous peoples.
-Individual and collective rights Article 7. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group. Article 14 (EDUCATION AND IBE) 1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. 2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
EIBAMAZ: Right Holder and Duty Bearer States and Governments Children and Indigenous Peoples BOLIVIA: UN Declaration on the Rights of Indigenous Peoples, is a law. New constitution: recognizes Indigenous peoples rights, the intraculturality, interculturality, plurinationalism, plurilinguism. ECUADOR; New constitution: Rights of the environment, the state is recognized as plurinational.. All indigenous languages are officials and three languages are going to be used for Intercultural relations. PERU: in regional goverments the indigenous languages are recongnized as officials.