By Joshua Cooper
The idea of a Permanent Forum on Indigenous Issues was originally
drafted at the UN World Conference on Human Rights based on suggestion by the
Indigenous Initiative for Peace convened by Rigoberta Menchu Tum. From 1993
to present day, indigenous representatives mobilize moral persuasion for a full-functioning
forum where indigenous peoples sit among nations as equals in leadership and
legislative abilities with a secretariat staffed with experts in indigenous
rights. In 2002, 80 years after Deskaheh desired to be accepted among the other
nations, indigenous peoples are invited inside instead of speaking only to civil
society in the streets and seminar halls. Indigenous peoples at the first session
of the UN Permanent Forum on Indigenous Issues continue to engage civil society,
yet, they are also accepted inside to speak and be respected as equal participants
in the realization of the human rights of indigenous Peoples.
The Permanent Forum on Indigenous Issues represents the regions
of the world according to the indigenous peoples viewpoint including the Arctic
and Pacific along with the traditional UN regions. Eight indigenous representatives
chosen by indigenous peoples in regional meetings and processes sat in equal
position of leadership with eight representatives selected by governments of
the world. The Permanent Forum on Indigenous Issues started with a traditional
prayer conducted by Tadodaho Sid Hill.
The spiritual leader of the Haudenosaunee welcomed the over 850 participants
with a ceremonial invocation to a continent and a global gathering indigenous
peoples weren’t always invited to. Tadodaho, a spiritual leader title dating
back over one thousand years, said, "I greet you to the Northeast Territory
of the great Turtle Island now known as North America." The Haudenosaunee
attempted to enter the global gathering half a century earlier and finally were
able to participate in the global process and even welcome other indigenous
leaders from around the world. At the opening day of the inaugural session,
the UN Economic and Social Council President Ivan Simonovic (Croatia) said the
words indigenous peoples longed to hear, "Welcome to the United Nations
family."
Julian Burger, UN Indigenous Peoples Unit, said, "The
Permanent Forum is a kind of pilot project. We do not know quite what it will
do. It has a mandate. It has 16 members. Eight are indigenous peoples experts
and other eight are governmental experts. It is a body reporting at very high
level in the UN system. It has a very broad mandate on everything that would
be of interest to indigenous peoples — development, environment, health, education,
culture, media if necessary and human rights of course. It is a completely new
idea for the UN. Here is a body which is actually very broadly based, holistic
in approach. Whereas very often the UN tends to compartmentalize, we have disarmament,
human rights, development and environment. We tend to break things up into little
bits and here we have new body that is trying to look at everything as a whole.
That is novel." The UN Permanent Forum on Indigenous Issues is based on
what indigenous peoples desired to focus on the UN specialized agencies to include
and investigate claims concerning indigenous peoples within their mandates.
The UN PFII reflects the holistic focus indigenous peoples bring toward international
organization based on indigenous beliefs.
There are many issues for the UN PFII to concentrate on to
combat centuries of discrimination and create a global civil society including
indigenous peoples as equal and in dignity.
Deputy Secretary-General Louise Frechette said, "Indigenous peoples have
been killed, tortured and enslaved. They have been deprived of their political
rights, such as the right to vote. Their lands have been taken over by conquest
and colonization, or decreed to be terra nullius and claimed for national development.
Even today, their children too often grow up in poverty, and die from malnutrition
and disease. In some countries, indigenous people are still not allowed to study
their own languages in school. Their sacred objects have been stolen and displayed,
in violation of their beliefs. They face discrimination and exploitation. And
all too often, governments have resisted the use of the word peoples, with an
s. Instead they have preferred the singular, so as to avoid recognizing collective
rights. This Forum will certainly have its hands full. Questions of self-determination,
self-rule, and autonomy raise fundamental issues of sovereignty"
Julian Burger said, "Indigenous peoples who are after
all non-governmental actors are at high level working together with governments
really in partnership. Governmental and indigenous experts have to decide together
on the agenda, the contents of the meeting but also the results of what recommendations
will come out of the forum. It will not be a situation where indigenous peoples
are participating, offering ideas and then hoping that governments listening
will include some of them. This is really an equal body which indigenous peoples
can veto a proposal they don’t like or make a proposal. It is an unusual
body in that sense. It is completely open to all indigenous representatives."
Through the elevated level of the UN PFII, indigenous peoples
are able to engage specialized agencies in seeking solutions and empower indigenous
communities in suggesting steps toward realization of recognized areas of concern.
It is also important to note that indigenous peoples can also continue to provide
input in indigenous affairs but also transform the UN to allow for greater participation
of all people directly affected in UN affairs.
UN Secretary-General Kofi Annan noted, "With the inauguration
of this Forum, indigenous issues assume their rightful place higher on the international
agenda than ever before. We begin a new chapter in the history of indigenous
peoples at the United Nations. It is entirely appropriate that as victims of
discrimination, and as some of the worlds poorest of the poor, indigenous peoples
have a platform where they can raise their concerns."
Tony Sinclair, a Maori lawyer, commented on the creation of the UN Permanent
Forum on Indigenous Issues, "It gives a consistent and regular presence
of indigenous peoples within the UN."
Rigoberta Menchu Tum maintains indigenous peoples can contribute
to the global civil society. The Nobel Laureate for Peace said, "Many people
have said that indigenous peoples are myths of the past, ruins that have died.
But the indigenous community is full of vitality and has a course and a future.
It has much wisdom and richness to contribute."
The UN Permanent Forum on Indigenous Issues is significant
for its level position in the UN legal charter body labyrinth and its purpose
of indigenous peoples directly engaging UN specialized agencies. Beginning with
the oldest specialized agency, the ILO, indigenous peoples have participated
in the decision-making process from creating the only international convention
guaranteeing rights, Convention 107, to even a revision rescinding its paternalistic
tone with Convention 169. Indigenous peoples have attempted to advocate with
the specialized agencies and have even infiltrated the most recent body of the
World Trade Organization (WTO). Even with newly created organization such as
the World Trade Organization, indigenous peoples able to continue struggle for
self-determination and not allow rights to be extinguished according to new
instruments. The legacy of colonization continues in indigenous peoples perspective
and is continuously challenged at the UN level.
