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World Conference Against Racism

Rights of Indigenous Peoples Attacked

Warren Allmand of Rights & Democracy has condemned the World Conference against Racism (WCAR) for adopting racist provisions in its final Declaration and Plan of Action.

DURBAN, 04 SEPTEMBER, 2001 ? Warren Allmand of Rights & Democracy has condemned the World Conference against Racism (WCAR) for adopting racist provisions in its final Declaration and Plan of Action.

"The caveat paragraph (currently par. 27) of the official WCAR State Declaration is a manifestation of racism against indigenous peoples and constitutes a racist attack by the United Nations on the rights of indigenous peoples," today said Warren Allmand, President of Rights & Democracy who is attending the world conference in Durban, South Africa.

The official WCAR Declaration reads as follows: "27. The use of the term "indigenous peoples" in the World Conference against Racism Declaration, cannot be construed as having any implications as regards the rights that may attach to the term in international law. Any reference to rights associated with the term "indigenous peoples" is in the context of ongoing multilateral negotiations on texts that specifically deal with such rights, and is without prejudice to the outcome of these negotiations."

Mr. Allmand said that "indigenous peoples are being told that the status and fundamental human rights that are to be attached to "all peoples" do not apply to them. They are being told that their status and human rights as peoples are not recognized, respected, or applicable. Indigenous peoples are not being recognized as equals among peoples of the world but rather are being discriminated against."

"The UN, through this controversial paragraph 27, is in fact telling indigenous peoples that they are unlike any other individual group: their status and fundamental human rights are not inherent, inalienable and universal ? but rather to be derived by "negotiations" subject to the prejudices and self-interest of UN State Parties," he said.

In this paragraph 27, the UN contradicts the rulings of its own Human Rights Committee which has explicitly recognized indigenous peoples as peoples in international law. By adopting such a paragraph, the UN is guilty of practicing and perpetuating discrimination within its own processes.

Mr. Allmand pointed out that par. 27 is also contrary to article 1 of the International Convention on the Elimination of Racial Discrimination, where "racial discrimination" is defined as: "any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life."

Moreover this paragraph is contrary to Art. 1 (1) of the International Covenant on Civil and Political Rights (ICCPR) and of the International Covenant on Economic, Social and Cultural Rights. (ICESCR).