[soac-newgtldapsup-wg] Additional Criteria "Indigenous Peoples"

[Eric Brunner-Williams <ebw@xxxxxxxxxxxxxxxxxxxx>]

Colleagues,

I would like to share with you all a candidate for a criteria that 
extends those present in the current draft.
Within the international legal framework for the protection of the 
rights of indigenous peoples, the International Labor Organization 
(ILO) has adopted two legally binding international instruments that 
specifically address indigenous and tribal peoples: Conventions No. 
107 (1957) [1] and No. 169 (1989) [2]. In 2007 the United Nations has 
adopted a Declaration on the Rights of Indigenous Peoples [3].
Article 1 of Convention No. 169 is an applicability statement. The 
convention applies to:
"(a) tribal peoples in independent countries whose social, cultural 
and economic conditions distinguish them from other sections of the 
national community, and whose status is regulated wholly or partially 
by their own customs and traditions or by special laws or regulations;
(b) peoples in independent countries who are regared as indigenous on 
account of their descent from the populations which inhabited the 
country, or a geographical region to which the country belongs, at the 
time of conquest or colonisation or the establishment of present state 
boundaries and who, irrespective of their legal status, retain some or 
all of their own social, economic, cultural and political institutions.
Article 2 continues:
"Self-identification as indigenous or tribal shall be regarded as a 
fundamental criterion for determining the groups to which the 
provisions of this Convention apply."
Article 1 is an objective criterion. Article 2 is a subjective 
criterion, first appearing in any international instrument in 
Convention 169, and fundamental to the rights of peoples "defined away 
or non-existent" by national governments actively engaged in the 
suppression of indigenous identity.
Criteria in Article 1(1)b of Convention 169 has been applied widely 
for the purpose of identifying indigenous peoples in international and 
national political and legal processes, and is applied in the 
Declaration on the Rights of Indigenous Peoples, by various 
specialized UN agencies, including the World Bank and the UN 
Development Program.
I suggest therefore that using "Indigenous Peoples" and using ILO 
Convention No. 169, and the language of Article 1 and Article 2 gives 
a short and useful definition, comparable to a cite to the UN 
Development Program and its work products.
The range of the applicability of such a criteria covers at least 
5,000 distinct peoples with a population of more than 370 million 
persons, living in 70 different countries. This goes towards meeting 
our regional diversity goal.
The status of Indigenous Peoples and the use of a language which has 
limited presence on the web is highly correlated. This goes towards 
meeting our IDN diversity goal.
The UN Declaration on the Rights of Indigenous Peoples identifies 
indigenous "peoples" with the right to self-determination: Article 3 
reads "Indigenous Peoples have the right to self-determination. By 
virtue of that right they freely determine their politiciala status 
and freely pursue their economic, social and cultural development." 
Article 4 reads "Indigenous peoples, in exercising their right to 
self-determination, have the right to autonomy or self-government in 
matters relating to their internal and local affairs, as well as ways 
and means for financing their autonomous functions." 
Self-determination goes towards meeting our diversity of governance 
and business model goal.
For these reasons I would like you all to consider adding the 
following to the statement of criteria:
"Applications by Indigenous Peoples, as described in Article 1 of 
Convention No. 169 of the International Labor Organization."
Thank you all for your time and patience.

Eric



[1] http://www.ilo.org/indigenous/Conventions/no107/lang--en/index.htm
[2] http://www.ilo.org/indigenous/Conventions/no169/lang--en/index.htm
[3] http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf