Blog
Tuesday, 23 September 2008
Impacts of Climate Change on Inuit People's Rights
I will start these few lines by quoting Sheila Watt-Cloutier (2005), Inuit representative, and Louis-Gilles Francoeur (2008), reporter for Le Devoir :
The
This accelerated melting process raises several interrogations. They put into question the western lifestyle and philosophy. Specifically, they are questioning the results of western choices, priorities and scale of interests on individuals and peoples worldwide. These questions are materialized today by the emergence of territorial interests and by the escalation of States rivalries in terms of sovereignty.
However, beyond this territorial problematic, which is fundamental but upsetting, other issues are raised, sensitive on human life. They are notably connected with the safeguard of Inuit people’s rights.
This group represents 155 000 peoples through four States: the United-States (
In order to live adequately with this land and to follow its own way of life, The Inuit people has the right to fish and to hunt moose, polar bears and seals, within certain limits and quotas.
Nevertheless, in an article published in August of 2008 relating the conversation between an Inuit member living in the North of Canada and a reporter, we could read the following : “The villagers also have an annual quota to hunt 28 polar bears, which they sell for their hides, "but we have not filled our quota in the past years. Fewer bears are showing up."”. This statement addresses the issue of the effectiveness of those ancestral rights already recognized to Inuit people in order for them to hunt and fish. These rights are fast becoming obsolete with the disappearance of the resources. Indeed, how could Inuit people implement these rights if the resources are missing? Moreover, Inuit people are facing insecurity through the melting of ice, making the access to the Ocean and its resources uncertain and dangerous. Furthermore, will the autonomy recognized to Inuit people by
Climate change restrains the recognition of ancestral and human rights of Inuit People (especially the right to a healthy environment, the right to life, to health, the principals of human security and the access to food). However, this correlation is not legally acknowledged and efficient. Relating to this concern, the Inter-American Commission on Human Rights had set aside the petition of the Inuit Circumpolar Council claiming the violation of human rights by climate change and pollution by greenhouse effects. The United Nations Human Rights Council has recently recognized through the “Human Rights and Climate Change” recommendation, adopted in March 2008, that: “climate change poses an immediate and far-reaching threat to people and communities around the world and has implications for the full enjoyment of human rights”. However, when will the law be adapted efficiently to that new reality?
More information:
-HADDAD (R.), « Meltdown in the Arctic: Polar icecap shrinking at an alarming rate », 28.08.2008
-Human Rights Council, Recommendation A/HRC/7/L.21/Rev.1, « Promotion and Protection of all Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development », 26.03.2008
-The U.N. Environment Program and The Global Environment Outlook : www.unep.org
-The U.N. Permanent Forum on Indigenous Issues – 7th Session :
www.un.org/esa/socdev/unpfii/fr/session_seventh.html#fs
-Petition to the Inter-American Commission of Human Rights by The Inuit Circumpolar Council: http://inuitcircumpolar.com/files/uploads/icc-files/FINALPetitionICC.pdf
-Paul Crowley’s position on that petition: www.amnistie.ca/content/view/11563/420/
-The C.I.S.D.L. Arctic Law Project : www.cisdl.org/arctic/index.htm
Upcoming colloquy :
-Arctic Change 2008, 09-12.12.2008, Quebec : www.arctic-change2008.com/index.php?url=21010
- 4th International Polar Year : www.annee-polaire.fr/api
-Arctic sea ice news : http://nsidc.org/arcticseaicenews/index.html
Friday, 5 September 2008
The Unites Nations Declaration on the Rights of Indigenous Peoples, one year later
Through these few paragraphs, I would like to open the debate on the first year after the adoption of the Declaration and have a productive exchange with all of you at the starting point of this new academic year. This considering arises from one main questioning, which is: where are we now, after the enactment of the Declaration?
On Thursday September the 13, 2007 and after more than 20 years of negotiation, the Resolution 61/295, better known under the heading United Nations Declaration on the Rights of Indigenous Peoples, was adopted by the General Assembly of the U.N. and by 144 States.
This recommendation is a “soft law” document. It means that its legal and obligatory strengths are limited. It has a political binding nature but not a legal one. However, it establishes an international framework of minimal norms in terms of indigenous peoples’ Rights. Beside, it corroborates certain norms already integrated to the international legal order, either by the International Labour Organisation’s Convention 169 on Indigenous and Tribal Peoples, adopted in 1989, or by the International Covenants adopted in 1966 by the U.N. to protect civil and political rights and economic, social and cultural rights. Therefore, the Declaration could emphasize the existence of a process of crystallization and could convey emerging customary norms. This document is innovative too, because it recognizes, in an extended way, collective rights as well as individual rights. It consecrates also the right to self-determination to indigenous peoples and set the duty to consult internationally.
Without coming back in detail on the content of that already known document, I would rather outline a retrospective of the memorable events of this year. We remember that 11 States had refrained from voting for the Declaration and 4 States had voted against, the United-States,
However, at the end of the year
Moreover, the Canadian House of Commons adopted, on April the 08,
Furthermore, two States which had already adopted the document, decided to implement it in their domestic legal order. I am talking about
Finally, several specialized institutions of the U.N., like U.N.E.S.C.O., as well as Ban Ki-moon, the General Secretary of the Organization, have claimed their support to the enforcement of the document, in order to change it into “living instrument”. This was during the 7th session of the U.N. Permanent Forum on Indigenous Issues too, which demonstrate that it was definitely a fundamental meeting.
Nonetheless, despite the promises and statements, the impacts of the adoption are still unclear. The
Thus, several issues remain dangling. First, do these States authorities willing to reserve the issue of indigenous rights to the domestic legal system, in order to preserve for themselves a wider scope of action? Second, what should be the favored approach if we want these States to modify their former position? How indigenous and non-indigenous actors should involve themselves in order to overthrow the existing tendency? Do the pressures and claims by N.G.Os and indigenous representatives efficient? How should we proceed to awake the political consciences of our countries, presently shapeless and self-obsessed, in order for the majority to take position on a reformulated living together acceptable for everyone?
More information about the Declaration:
The text of the Declaration:
http://daccessdds.un.org/doc/UNDOC/GEN/N06/512/07/PDF/N0651207.pdf?OpenElement
The Indigenous World 2008 p. 526: www.iwgia.org/graphics/Synkron-Library/Documents/publications/Downloadpublications/IndigenousWorld/IW%202008/THE%20INDIGENOUS%20WORLD-2008.pdf
On the process of adoption and the legal status of the Declaration: http://www.galdu.org/govat/doc/galdu_4_07_eng_web.pdf
Statement of Bernie Yates 24.04.08, Indigenous affairs in Australia:
www.docip.org/gsdl/collect/cendocdo/index/assoc/HASH77f0.dir/PF08bernie087.pdf#search="Bernie YATES"
Canadien House of Commons’ motion:
http://www.un.org/french/Depts/dpa/news.asp?NewsID=16358&Cr=Canada&Cr1=autochtonesSearch
