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A Message by Mr. Sha Zukang, Under-Secretary-General for Economic and Social Affairs 

New York, 18 October 2010

…Since 2007, the Declaration [on the Rights of Indigenous Peoples] has become a key reference point, a pivotal document in national and international legal proceedings involving violations of indigenous peoples’ rights. In a few countries, mainly in Latin America, it has become a part of constitutional reform processes. This integration is so vital for building strong foundations for the political, social and economic future of indigenous peoples.

It’s one down and two to go in our campaign to revoke repressive laws in Panama that threaten the environment and violate the rights of Indigenous Peoples.  If you sent letters or emails for this campaign, you’ve already helped bring about this first victory – thank you! But there’s more to do, so let’s keep up the pressure.

The U.S. Supreme Court on Tuesday declined to hear a case involving the right of the Kaltag Nation of Alaska to have its tribal court decide cases involving children. The case in question involved a Kaltag child who was being abused and neglected by her parents. After hearing the facts, the Tribal Court ordered the child to be removed from her parents and gave permanent custody of the girl to another tribal family.

On October 1, the Inter-American Court of Human Rights issued a ruling that the Mexican government had violated the human rights of two Indigenous Me'phaa women who were raped by members of the armed forces in 2002. The violations also include giving impunity for those responsible for the abuses as well the harassment of the people who have supported the women in their search for justice.

On September 30th, 2010, the 15th session of the United Nations Human Rights Council adopted a resolution to renew the mandate and change the name of the former “UN Special Rapporteur on the situation of the human rights and fundamental freedoms of Indigenous People.” This position is currently held by Professor James Anaya and will now be called “the UN Special Rapporteur on the Rights of Indigenous Peoples.”  

The government of Nicaragua ratified International Labor Organization Convention No. 169 on August 27, 2010. The convention is the only legally binding international instrument that specifically addresses Indigenous Peoples’ rights. Countries that ratified the document have used it as a framework for constitutional and legal reforms to ensure Indigenous Peoples rights are respected. In Guatemala Convention No. 169 was instrumental in the peace accords that ended 30 years of civil war between Indigenous groups and the government.

September 13th marks the third anniversary of the adoption of the UN Declaration on the Rights of Indigenous Peoples by the UN General Assembly. The US State Department’s formal review of the declaration will end in October. The department has asked Native American tribal leaders to write letters and give feedback about what the declaration means to their people. Now is the time to take action and let the Obama administration know why this document is so important to Native peoples in the US. 

The UN Expert Mechanism on the Rights of Indigenous Peoples concluded its third session. The session took place from 12 to 16 July 2010, at the United Nations Office in Geneva. The Expert Mechanism is a new United Nations mechanism on the rights of Indigenous Peoples and was created by the Human Rights Council to continue the work of the Working Group on Indigenous Populations in 2007. This year’s session focused on the right to participate in decision-making.

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