The Rights of Indigenous Peoples

JINSA
Report #: 1,048
20 December '10

In one of those form-over-substance moments that produce endless opportunity for mischief, President Obama announced that the United States would affix its signature to the United Nation's Declaration of the Rights of Indigenous Peoples. "The aspiration it affirms, including respect for the institutions and rich cultures of native peoples, are ones we must always seek to fulfill," he said.

Americans happily adapt and adopt parts of other people's cultures (Chinese food unlike anything served in Beijing, pizza Italians wouldn't recognize, St. Patrick's Day and Cinco de Mayo parties) and respect other parts (forms of dress, holy days and fasting for Ramadan). But there are "native" cultures that simply do not warrant respect including honor killings, female genital mutilation, slavery, stripping trees for cooking fuel, clubbing baby seals and governance by the sword come to mind.

Worse, in Article 26, the Declaration of the Rights of Indigenous Peoples includes a prescription for endless warfare. "Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired." And Article 28 states that qualified groups "have the right to redress," which can include "restitution" or "just, fair and equitable compensation" for land or resources that have been "confiscated, taken (or) occupied."

Applied to American Indian tribes, before which the President made his announcement, this may take the form of reparations and mineral rights. The Executive Director of the Indian Law Resource Center said, "International human rights law now recognizes... rights of self-determination, property and culture." It is unlikely to involve having Indian tribes secede from the Union.

But applied to Palestinians and Kurds, not to mention minorities from Azeris in Iran to Uighurs in China to Armenians, Hmong tribesmen and Guatemalan Indians, it could wreak havoc.

The Kurds form a tribal/national grouping that spans Iraq, Iran, Turkey and Syria. They are unquestionably an "indigenous people" with a distinct language and culture. Is the United States prepared to support border changes to allow them the right of self-determination? American lives were expended in the quest for a unitary Iraq, and we supported Turkey's determination not to allow Kurds to secede during the PKK war. But how can we deny the Kurds while supporting a Palestinian "right to self determination"?

(Read full "The Rights of Indigenous Peoples")

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