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02 December 2008 21:45 BST

Controversial indigenous UN declaration adopted

Friday, 14 Sep 2007 11:43
The UN says the world's indigenous people's stand to benefit from the new declaration
The UN has adopted a divisive declaration that it says will preserve the rights of the world's indigenous peoples.

But despite being resoundingly approved by the UN's general assembly, Australia, Canada, New Zealand and the US all voted against the declaration.

The countries – all of which have sizeable populations of indigenous peoples – claim that the non-binding declaration could cause conflict with their domestic property and ownership laws.

John McNee, the Canadian ambassador to the UN, said he had "significant concerns" about the document's language.

He claims that the provisions made on lands, territories and resources are "overly broad, unclear and capable of a wide variety of interpretations".

The UN says that under the terms of the declaration, which will not become international law, the individual and collective rights of the world's estimated 370 million indigenous peoples will be protected.

It states that their rights to culture, identity, language, employment, health and education will be enshrined; as well as allowing indigenous people's to maintain their own institutions, cultures and traditions.

"The importance of this document for indigenous peoples and, more broadly, for the human rights agenda, cannot be underestimated," said general assembly president Sheikha Haya Rashed al-Khalifa.

"By adopting the declaration, we are also taking another major step forward towards the promotion and protection of human rights and fundamental freedoms for all."

She went on to warn: "Even with this progress, indigenous peoples still face marginalization, extreme poverty and other human rights violations. They are often dragged into conflicts and land disputes that threaten their way of life and very survival; and, suffer from a lack of access to health care and education."

UN secretary general Ban Ki-moon meanwhile added that the adoption of the declaration was an historic moment.

He explained in a statement: "UN member states and indigenous peoples have reconciled with their painful histories and are resolved to move forward together on the path of human rights, justice and development for all."

In further reaction to the declaration, New Zealand's Maori-born minister of Maori native affairs, Parekura Horomia, questioned the document's wording that seemingly allows indigenous peoples the right to claim the land, territories and resources they have traditionally owned.

"These articles imply different classes of citizenship where indigenous people have a right of veto that other groups or individuals do not have," he told New Zealand radio.


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