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

[Alain Berranger <alain.berranger@xxxxxxxxx>]

Dear Eric,

I really appreciate the quality and thoroughness of your analyses and have
learned a lot. Thank you.

For the purposes of the JAS, I think we need very few general criteria
(Olivier's argument this morning) and a JAS evaluation body/commiitee that
will use grantmaking judgment and experience within these general criteria.

Cheers, Alain



On Mon, Apr 25, 2011 at 12:18 PM, Eric Brunner-Williams <
ebw@xxxxxxxxxxxxxxxxxxxx> wrote:

>
> 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
>



-- 
Alain Berranger, B.Eng, MBA
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Vice-Chair, GKP Foundation, www.globalknowledgepartnership.org
Vice Chair, Canadian Foundation for the Americas - www.focal.ca
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger