Restoration Magazine

Implementing Decisions of the World Conference on Indigenous Peoples

At the 2014 World Conference on Indigenous Peoples, more than 150 indigenous nations and Native women’s and tribal organizations secured commitments from the UN and its member states to implement the UN Declaration on the Rights of Indigenous Peoples. Work is ongoing to realize these important commitments set out in the World Conference Outcome Document, which include decisions to intensify efforts to address violence against indigenous women, to consider a body to implement and monitor the UN Declaration, and to create new rules for indigenous governments to participate in UN processes.

Human Rights Council: Taking action to end violence against indigenous women and deciding on the mandate of the implementing and monitoring body

The UN Human Rights Council held its 33rd session on September 13–30 in Geneva, Switzerland. Indian Law Resource Center staff attending called for concrete measures to address the extreme rates of violence against indigenous women and girls around the world, including American Indian and Alaska Native women. On September 20, during its annual half-day discussion on indigenous peoples’ rights, the Council held a significant panel discussion on the causes and consequences of violence against indigenous women and girls. The World Conference on Indigenous Peoples Outcome Document specifically invited the Council to consider this topic. “The Council’s decision to hold this panel is largely the result of the advocacy efforts of indigenous women’s organizations and other indigenous organizations,” said Jana L. Walker, senior attorney at the Center. “We were pleased that the Council decided in its resolution on human rights and indigenous peoples to continue its consideration of the elimination of all forms of violence against women and girls, including indigenous women and girls, as a high priority as part of its annual program of work.”

The Center developed and cosponsored written and oral statements with the Ewiiaapaayp Band of Kumeyaay Indians, National Congress of American Indians, and Native American Rights Fund. These statements identify violence against indigenous women as a major human rights violation and make recommendations for actions by the UN and member states to address this crisis. They also urge establishment of an effective body to implement, promote, and monitor states’ compliance with the rights in the UN Declaration on the Rights  of Indigenous Peoples. Supporters of the written statements also include: Alaska Native Women’s Resource Center; Alliance of Tribal Coalitions to End Violence; California Association of Tribal Governments; Central Council of Tlingit and Haida Indian Tribes of Alaska; National Indigenous Women’s Resource Center; Restoring Ancestral Winds, Inc.; Strong Hearted Native Women’s Coalition, Inc.; and Washington State Native American Coalition Against Domestic Violence and Sexual Assault–WomenSpirit Coalition.

The Council also considered the reports of the Special Rapporteur on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples, and negotiated and adopted a resolution deciding on the mandate and structure of the implementing and monitoring body for the Declaration. Additional information on the Human Rights Council’s 33rd session, including copies of oral and written statements and the above resolution and reports, is available at:

http://indianlaw.org/safewomen/center-again-calls-un-human-rights-council-take-action-end-violence-….

Standing Rock Sioux Tribe Takes #NODAPL to the United Nations

On September 20, 2016, representatives from the Standing Rock Sioux Tribe in North Dakota addressed the UN Human Rights Council regarding the human rights issues associated with the construction of the Dakota Access Pipeline near the tribe’s reservation. The Indian Law Resource Center worked alongside David Archambault II, Standing Rock Sioux Tribal Chairman, to build international support for the tribe’s efforts to protect the environment and their human rights.

In an August 18, 2016, appeal to the UN, the tribe stated that the pipeline violates their human rights and is another breach of their treaties with the United States. “Thousands of people have come to Standing Rock in peaceful opposition to the Dakota Access Pipeline,” said Tribal Chairman Archambault. “They have come in peace and prayer, but they have been met at times with violence. We are standing in solidarity to tell the oil companies and the federal government that you must respect our treaties and you must respect our right to peaceful protest.”

“The Dakota Access Pipeline not only threatens the water supply that is fundamental to the tribe’s existence, but it will also pass through and destroy burial sites and sacred places,” said Robert T. Coulter, Executive Director of the Indian Law Resource Center. “The pipeline should never have been approved, and its construction clearly violates principles of the UN Declaration on the Rights of Indigenous Peoples.”

Creating a New Status in the United Nations

On October 18, the President of the General Assembly announced upcoming consultations among indigenous peoples’ representatives and member states on how to enable the participation of indigenous governments at the United Nations. Once the consultations conclude, a draft resolution will be finalized and adopted by the General Assembly. 

Indigenous leaders gathered on December 14–15, 2016, to participate in the first consultation of the 71st session of the UN General Assembly in New York City. These consultations are being led by four advisers appointed by the President of the General Assembly—Dr. Claire Charters of the University of Auckland; Dean S. James Anaya; Ambassador Martha Ama Akyaa Pobee, Permanent Representative of Ghana to the United Nations; and Ambassador Kai Sauer, Permanent Representative of Finland to the United Nations. Indigenous leaders from the United States and around the world offered proposals and engaged in dialogue with member states and UN officials on where and how they wish to participate in the UN.

There is now great momentum in the UN to achieve a new status that recognizes the distinct political and legal character of indigenous peoples’ governing institutions and tribal leaders are helping to direct the conversation. “This process is about creating a space for indigenous governments at the UN,” said Terri Henry, Secretary of State for the Eastern Band of Cherokee Indians. “Indigenous governing institutions should have the opportunity to submit documents and proposals, make statements, and take part in United Nations activities on a permanent basis. We should have priority over nongovernmental organizations in regards to seating and order of speaking.”

Additional consultations are scheduled for January 30– February 1, February 27–28, and on dates to be determined during the Permanent Forum on Indigenous Issues (April 24–May 5). For more information, please see the UN website:

www.un.org/development/desa/indigenouspeoples/participation-of-indigenous-peoples-at-the-united-nat…

Looking Ahead:

UN Permanent Forum on Indigenous Issues

The Permanent Forum also will hold its 16th session, including a discussion of the empowerment of indigenous women, at UN headquarters in New York City on April 24–May 5, 2017.

UN Commission on the Status of Women

The 61st session of the Commission will be held at UN headquarters in New York City on March 13–24, 2017. The Focus Area for this year’s session is “Empowerment of Indigenous Women,” a theme suggested to the Commission by the General Assembly in the World Conference on Indigenous Peoples Outcome Document. This half-day discussion will take place on March 15, from 10 a.m. to 1p.m. (EST) and will include discussion of violence against indigenous women and girls. It is expected be streamed on webtv.un.org. The Center, along with Alaska Native Women’s Resource Center, NCAI, and NIWRC, will sponsor a parallel event during the session to focus attention on the human rights implications of the issue of violence against Native women in the United States. We also expect that one or more states and the UN Secretariat for the Permanent Forum on Indigenous Issues will hold side events relating to violence against indigenous women and the empowerment of indigenous women during the session as well. For further information about this year’s CSW session, including a detailed schedule and program of work, visit www.unwomen.org/en/csw/csw61-2017.

Human Rights Council

The Human Rights Council’s 35th session will take place in Geneva, Switzerland on June 6–23, 2017. The session will include the annual full-day discussion on violence against women, interactive dialogues with the Special Rapporteur on violence against women, Special Rapporteur on trafficking in persons, especially women and children, and the Working Group on discrimination against women. During the session, there will be informal consultations on the annual resolutions on accelerating efforts to eliminate violence against women, and on the elimination of discrimination against women.