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Whall, Helena --- "Summary Report of the Indigenous Rights in the Commonwealth Project, 2001--2004" [2004] AUIndigLawRpr 18; (2004) 8(4) Australian Indigenous Law Reporter 94

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Summary Report of the Indigenous Rights in the Commonwealth Project, 2001–2004

Dr Helena Whall

Project Officer, Indigenous Rights in the Commonwealth

Commonwealth Policy Studies Unit

March 2004

The Commonwealth remains a quarter of a century behind the United Nations in regards to recognition and protection of the human rights of Indigenous Peoples, and has lost an opportunity to modernise its values.

This statement was made by the Commonwealth Policy Studies Unit (‘CPSU’) and the Commonwealth Association of Indigenous Peoples (‘CAIP’) in their Abuja Press Release, 'Communiqué Fails the Challenge of the Decade', following the failure of Heads of Government to make reference to the rights of indigenous peoples in the Aso Rock Declaration, 2003.

The Abuja Commonwealth Heads of Government Meeting (‘CHOGM’) was the last occasion for Commonwealth leaders to review their commitment made in Lusaka, 1979, to the rights of the approximately 150 million indigenous peoples living in the Commonwealth, before the end of the United Nations International Decade on the World's Indigenous People (1995–2004).

With the Indigenous Rights in the Commonwealth Project coming to an end in March 2004, it is timely to look back at some of the achievements of the project; to ask what impact it has had on the Commonwealth, at both the official and unofficial level; to reflect on the progress made by indigenous peoples at the Abuja CHOGM 2003; and to ask what the future holds for indigenous peoples in the Commonwealth?

Indigenous Peoples and the Commonwealth

In 1979 the Commonwealth made a rare commitment in the Lusaka Commonwealth Declaration, Zambia, to pay ‘special attention’ to ‘Indigenous minorities’ and to make ‘special provisions’ for ‘Indigenous populations’. However, Commonwealth Heads of Government have not followed up on this commitment. Since 1979, Commonwealth Heads have not looked at the issue of indigenous rights at any of their biennial summits. The Harare Commonwealth Declaration, 1991, which saw a commitment by member states to protecting and promoting human rights, made no reference to the rights of indigenous peoples.

To date, the Commonwealth, unlike most other inter-governmental and regional associations, such as the UN, the European Union, the Caribbean Community (‘CARICOM’), the African Union, and the Organisation of American States, has no official policy on the rights of indigenous peoples – it is left up to each member state to decide upon its own policy for indigenous peoples. It is expected, of course, that such policies would be consistent with the Commonwealth’s fundamental political values.

UN International Decade on the World's Indigenous People

In 1993, the UN General Assembly called for governments to ‘strengthen their efforts for international co-operation for the solution of problems faced by Indigenous People in such areas as human rights, the environment, development and health’. This was the objective of the UN Decade, due to end this year.

While in the Cyprus CHOGM Communiqué, 1993, Commonwealth Heads ‘expressed their appreciation for the proclamation of 1993 as the International Year of the World’s Indigenous People’, there was no follow up on this issue.

Furthermore, Commonwealth Heads gave no declaratory support to the International Decade at the Millbrook CHOGM 1995, and have since remained silent on the issue.

UN Draft Declaration on the Rights of Indigenous Peoples

In 1982, the UN set up a Working Group on Indigenous Populations (‘WGIP’), whose main task was to set standards, by drawing up a Draft Declaration on the Rights of Indigenous Peoples. The UN Working Group on the Draft Declaration was entrusted with the task of achieving a consensus on the Declaration before the end of the International Decade.

Only one more session of the Working Group now remains for states to reach a consensus on the Declaration enabling its adoption by the end of the Decade, 2004. However, there remain many arguments over the wording of the Declaration (to date only 2 of the 45 articles have been accepted).

A number of Commonwealth member states, namely, Australia, Canada and the UK, are at the forefront of a small group of countries opposing the recognition of collective rights of indigenous peoples, such as self-determination, in the Draft Declaration, thus preventing a consensus from being reached on the text of the Declaration, and obstructing the adoption process.

At the 9^th Working Group, September 2003, these same states took an unprecedented move and tabled new, alternative, text on several articles of the Declaration for consideration by other states. This evoked a cry of sabotage from states supporting the current text.

The failure of states to agree on the wording of the Declaration is threatening to unravel the entire process. It is clear that if significant progress is not made this year, the Working Group will not be given a mandate to continue discussing the Declaration once the Decade is over.

While the Declaration, if and when adopted, will not be legally binding on states, it will nevertheless have great moral force and will provide minimum standards to guide states in their dealings with indigenous peoples.

Commonwealth Heads of States should be urged to support the Declaration and to ensure its speedy adoption.

Indigenous Rights in the Commonwealth Project

For the past three years (2001–2004), the Commonwealth Policy Studies Unit, an independent think-tank, based at the University of London, which conducts research and advocacy on contemporary policy issues facing the Commonwealth, has been home to the Indigenous Rights in the Commonwealth Project. This research based advocacy programme was designed to encourage the Commonwealth to include in its human rights programme a commitment to the rights of indigenous peoples. The CPSU believes it is time the Commonwealth came into line with current international thinking on this issue and formulated an explicit position on the rights of indigenous peoples.

The project was funded by the European Commission and the Department for International Affairs (‘DfID’), UK.

The project had a three member international advisory board, which met once a year to give project staff advice and guidance.

The project has tried to sensitise the Commonwealth association – at both the official (governmental) and unofficial (civil society) level – to the issues facing indigenous peoples and to place the issue of their rights firmly on the Commonwealth agenda. The project adopted a two-fold approach: research and advocacy.

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Endnotes omitted.

The full text of this report, and many other examples of the Commonwealth Policy Studies Unit’s research and advocacy, can be found online at

<http://www.cpsu.org.uk/resource/publications.htm> .