Ka Wai Ola - Office of Hawaiian Affairs, Volume 3, Number 10, 1 October 1986 — lnternational Standards of Human Rights Studied [ARTICLE]

lnternational Standards of Human Rights Studied

Office of Hawaiian Affairs Trustee Hayden F. Burgess, chairman of the Ad Hoe Committee for International Developing Standards for Indigenous Peoples, recently returned from a 10-day meeting in Geneva, Switzerland, where intensive sessions with experts eentered on international standards of human rights for indiqenous peoples.

Burgess, who is also a vice president of the World Council of Indigenous PeopIes (WCIP), said his work centered on two principle activities. •Assist in rewriting the International Labor Organization's convention 107 "Concerning the Protection and Integration of Indigenous and other tribal and semitribal populations in independent countries." This is the only international convention whieh deals specifically with the protection of indigenous peoples. •In conjunction with the Anti-slavery Society, eosponsored on behalf of the WCIP a special workshop whieh resulted in the adoption of three principles to be submitted next year to the U.N.Human Rights Commission.

Burgess was the first non-representative of a government, labor union or employer organization in the ILO's i 67-year history to advise that organization. Other representatives eame from Canada, Australia, Norway, Botswana, Peru, Mexico, Australia, Brazil, Zaire, Niger and India. Observers from many other organizations also participated in some of the discussions. The present convention calls for some protection of land rights, educational programs and a strong effort to integrate the indigenous peoples into the dominant society. However, due to recent criticisms of the convention's integration approach as well as the increased voices of indigenous peoples calling for greater self-determination, the ILO's governing body decided to revise and modernize its convention.

The result of the meeting were several conclusions, including one that the indigenous peoples of the world should not be forced into integration with the dominating society but shouid be given the opportunity to decide for themselves whether or not to become integrated, and if so, how and at what rate. The expert meeting also concluded that governments shou!d respect traditional land rights of indigenous peopIes, allowing governments to take indigenous iands only under the most stringent conditions with the consent of the peoples affected, or through rigorious judicial safeguards.

The next step to having these conclusions become part of a revised convention is to have the ILO accept them and amend their present convention accordingly. Should such a convention eome into effect, the benefits to the Hawaiian native people will be that it gives a basis for claiming greater control over our resources by referencing an international standard. Should the U.S. ratify the convention, native Hawaiians would be able to use it as the governing law regarding rights not now respected. These three principles mentioned earlier are that the indigenous peoples throughout the world should have the foilowing rights to: a) Determine, plan and implement all health, housing and other social and eeonomie programs affecting them.

b) Special State measures for the immedaite, effective and continuing improvement of their social and eeonomie conditions, with their consent, that reflect their own priorities. e) Be secure in the enjoyment of their own traditional means of subsistence, and to engage freely in their traditional and other eeonomie activities, without adverse discrimination. Many human rights scholars from around the world attended this workshop, all supporting the work aeeomplished and pledging to support these principles before the United Nations. Trustee Burgess has filed a full report of these activities with the Office of Hawaiian Affairs.