by Joshua Cooper, UNPO Senior Advisor

The nonviolent vigilance of the indigenous peoples continues to frame the diplomatic framework of process and substance in the third day of the 10th United Nations Commission on Human Rights Working Group on the Declaration on the Rights of Indigenous Peoples.

The multitude of meetings pepper the rooms of the UN Palais des Nations with indigenous peoples, government representatives, NGOs and UN staff gathering to carry out the necessary negotiations to aim for adoption of a declaration on the rights of indigenous peoples.

The first example of the political efficacy of the indigenous peoples was the full plenary meeting of the working group to focus on an article the indigenous peoples demanded to be included in the negotiations on land, territories and natural resources section.

The entire plenary session meeting focused on article 29 covering indigenous peoples' entitlements to the recognition of full ownership, control and protection of cultural and intellectual property focusing on special measures to control, develop and protect sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs and visual and performing arts.

The chair had not scheduled sufficient time in the original plenary session schedule. The indigenous peoples mounted a diplomatic movement to maneuver for a review of this important article on Tuesday and were able to see the results with discussion of article 29 being the only article discussed in the full meeting at the opening of the third day with the rest of the day consisting of facilitation of various articles in the assigned facilitators meeting groups based on areas of self- determination, land, territories and natural resources as well as treaties.

The negotiation on article 29 began with an intervention by New Zealand maintaining the content of the article was being negotiated in other UN forums. Indigenous peoples responding in solidarity rejected this view and even encouraged an improved text that would include the current challenges facing indigenous peoples due to the agenda of the World Trade Organization and the World Intellectual Property Organization. Indigenous speaker after speaker supported the Sub-Commission text while also sharing recent examples in the indigenous homelands that require enhanced text that offers effective protection of the human rights of indigenous peoples.

During the negotiation in the plenary session, indigenous peoples maintained the necessity of the Working Group to adopt this article based on a human rights framework as it is not being done in the other respective UN forums. Indigenous peoples also insisted that the meeting must meet its mandate for a declaration of rights and that these rights should guide the other UN forums on the direction in this important field. There were repeated calls that the declaration must unequivocally have a rights based approach. One speaker noted that the other UN bodies mandates are not focused on human rights and that the current systems of western intellectual property regimes cannot cover indigenous traditional knowledge noting the need for language that reflects the growing challenges in this field of international law. An indigenous leader urged the adoption of the declaration and specifically article 29 to play a lead role in advancing the rights framework to defend cultural heritage and expression. Numerous indigenous speakers moved beyond the original text to support the proposed text of the Sami Council and Tebtebba, two organizations actively mobilizing in their respective regions against the corporatization of their cultures.

Indigenous peoples also lobbied for the inclusion of sport to be added to the content of article 29.

The chair announced the remaining meeting time of the day would continue with the format of facilitators meetings co-chaired by indigenous leaders and government representatives where informal dialogues could continue the dynamic dialogue to explain positions and reach consensus.

The remaining part of the morning allowed for interested participants to provide proposals for articles covering land, territories, and natural resources that continued into the afternoon session from 3 to 5 pm. The result of the discussions on articles 25, 26 and 27 illustrated the constructive conversations moving closer toward cooperation and consensus. Brazil, Guatemala and Juan Leon co-chaired the facilitation.

Another important facilitators meeting took place during the traditional break period of the United Nations focusing on treaties specifically article 36 headed by Willie Littlechild. From 2 to 4 pm governments and indigenous peoples exchanged views based on historical experiences and important future direction in this field. In this area, as well as other facilitators meetings throughout the day, obstructionist options presented by states attempting to thwart the growing consensus were stumped by legal and policy questions by their country colleagues and stammered by statements from indigenous peoples.

The self-determination facilitation continued today with a more narrow focus in a smaller meeting where interested participants explored additional proposals. Entrance to this meeting was contingent on participants providing a proposal. The proponents of new language on article three were collected for the next regular facilitation meeting scheduled as of now for Friday, the final day of the 10th session.

Indigenous peoples even maneuvered between the meeting rooms through the translator's tunnel to be able to follow the negotiations more closely in the multiple meetings throughout the entire third day.

Indigenous peoples also found time in the third day to meet in regions to decide on possible lists of articles that were then presented as proposals for provisional adoption in the Indigenous Peoples Caucus at the conclusion of the day.

The proposals for provisional adoption will be discussed in the next days session at a new facilitators meeting with Spain and Les Malezer spearheading the effort to explore government and indigenous peoples proposals in a cross- cutting group. This mechanism to examine cross-cutting themes will examine the possible proposals for provisional adoption beginning tomorrow.

The hunger strike and spiritual fast continued on the third day. A bulletin board is covered almost entirely with supporting statements arriving into the Palais des Nations via fax and electronic mail arriving from the seven regions of the indigenous world. Indigeneva along with the International Indian Treaty Council monitor the incoming support.

Charmaine White Face, a Lakota grandmother, has carried out the hunger strike to highlight issues and concerns but also for spiritual reasons in the traditional manner foregoing all food and liquids during the period of the strike. Charmaine White Face remains standing steadfast during the discussions displaying the discipline and determination in her peaceful protest for the human rights of indigenous peoples. During the lunch break, the UN medical staff came to provide medical assistance to Alexis Tio uka, Kalina, French Guyana. Alexis continues to participate after receiving oxygen and an examination.

Indigenous peoples remain concerned about proposed developments that would replace the Sub-Commission text as the basis for future negotiations and continue to organize to support the original Sub- commission language as the primary and minimum standards for the recognition of the human rights of indigenous peoples. The possibility of a subjective chairman's consolidated text as the basis for future discussions or negotiations is not supported by indigenous peoples as it would den the voice of indigenous peoples negotiating for decades in the international arena.

Indigenous peoples continue into the fourth day committed to the rights based approach enshrined in the Sub-Commission text while striving to recognize the developments in the previous decade since its adoption in the 26 member body. The fourth day will continue in similar manner as the two preceding days with a multitude of meetings in full plenary and facilitator structure.

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