February 2004

The Emerging Role of International Human-Rights Law in the Protection of Indigenous Peoples

by Fawn R. Sharp, guest columnist / WSBA Governor at-large

It is estimated that there are at least 5,000 indigenous groups composed of 370 million people living in more than 70 countries on five continents.

As a young child growing up on the Quinault Indian Reservation during the height of the fishing-rights controversies of the 1970s, I envisioned myself someday working to protect our community, way of life, and culture as a tribal attorney. I made that promise to my grandfather one early morning in an old wooden boat as we checked a fishing ground on the Quinault River that had been in my family for generations. But I never, from those early years through the subsequent 25 years, ever imagined my career would take on an international dimension.

Then came the day when I received a simple phone call that would change not only my career but the rest of my life. I was sitting at in my office on the Quinault Reservation, and on the other end of the telephone line was a staffer from the Quinault Nation's Natural Resource Department. She called to find out if I had time to make a spontaneous presentation to a group of visiting Russians who wanted to learn about our legal system. Sure, not a problem. When I arrived at the conference room, I was surprised to see a council of Russian natives, many of whom were tribal elders. About 10 minutes into my presentation, the interpreter began to ask questions on their behalf, and I found myself instantly and passionately connected with complete strangers from a foreign land. We spoke different languages, but our convictions, beliefs, values, concerns, and fears were so akin that no barriers seemed to exist.

Following my meeting with the Russian council, I began an intense mission to reach out to the international community, and learn how to harness and utilize the energy I had gained on that fateful day. I read many articles, studied overseas, and learned about the emerging role of international human-rights law in the protection of indigenous nations. I learned that human rights, as a movement, began to evolve post-World War II in the aftermath of the atrocities that Nazi Germany had inflicted upon the Jewish people. In 1948, the world focused its attention on human-rights violations, and many countries, including the United States passionately led by Eleanor Roosevelt, adopted the Universal Declaration of Human Rights. The declaration formalized national commitments that it would no longer be acceptable under international law for any country to do whatever it chose to within its own borders, and made it clear that the international community expects countries to act respectfully to all their citizens and act to protect the human rights of all humanity.

Much to my surprise during my research and studies, I found nearly a decade of substantial progress made by thousands of indigenous nations around the world in developing international standards, mechanisms, and protections for our native communities. Beginning in the early '90s, the international community, taking notice of the critical condition of indigenous peoples, some on the verge of extinction, began to assemble world conferences to begin a dialogue on the plight of indigenous peoples and work to make substantial recommendations to improve their conditions.

One such conference was the Vienna World Conference on Human Rights held in 1993, wherein participants adopted the Vienna Declaration and Programme of Action. The declaration reaffirmed the international community's commitment to secure the social, political, economic, and cultural well-being of indigenous peoples. It also advanced three major recommendations: 1) the UN General Assembly to declare an International Decade of the World's Indigenous People; 2) the UN to consider establishing a permanent forum for indigenous peoples; and 3) the UN Working Group on Indigenous Peoples to complete a draft declaration on the rights of indigenous people.

All three recommendations were subsequently adopted and successfully achieved. First, the UN General Assembly proclaimed 1995-2004 to be the International Decade for the World's Indigenous People. In its proclamation, the assembly made it a primary goal to strengthen international cooperation to find solutions to the many human-rights, environmental, education and health, cultural, employment, and developmental problems faced by indigenous communities. The assembly also adopted a program of activities for the international decade, some of which included: protection of the rights of indigenous peoples while empowering them to make choices that enable them to retain their cultural identity; implementation of the recommendations adopted at the international conferences held during the early '90s; completion and adoption of a draft declaration on the rights of indigenous peoples; and worldwide observance of the International Day of the World's Indigenous People on August 9 of each year.

Second, the UN established a Permanent Forum on Indigenous Issues. The first session of the forum was held on May12-24, 2002, at the UN Headquarters in New York. Nearly 1,000 representatives of indigenous peoples from around the world attended the forum to review UN activities respecting indigenous peoples and to set a course for the new human-rights body. The forum meets annually for 10 working days and generates an annual report, including recommendations from indigenous peoples who participate and directly represent their own interests at the forum. Such direct participation echoes a time in 1923 when Deskaheh, an Iroquois chief and statesman, traveled to Geneva to speak to the League of Nations to defend the right of the Iroquois to live under their own laws, on their own land, and under their own faith.

Third, in 1993 the UN Working Group on Indigenous Peoples finished its draft Declaration on the Rights of Indigenous Peoples. The draft declaration, which the working group began to develop in 1985, seeks to protect and preserve indigenous peoples' human rights, self-determination, land, and the diversity of their cultures.

The UN Commission on Human Rights has set the end of the international decade, 2004, as a target for adopting the declaration, and the UN General Assembly has affirmed that adopting the declaration is a major objective of the decade. Once adopted, the declaration will be the most comprehensive international statement in support of indigenous peoples ever developed and will establish collective rights to an unprecedented degree in international human-rights law. It will be a very exciting and monumental accomplishment indeed.

I consider myself very blessed to have answered the call to embark on an international course in my practice. During my studies abroad last summer, I attended classes with students from 38 other countries. I saw, felt, and experienced a rich world composed of a vibrant tapestry of cultural, ethnic, religious, social, and political communities. In the unfolding world of trans-national conflict and our ever-increasing global relationships — whether political, social, or economic — it is now clear to me that we must embrace universal values and fundamental truths, which transcend and recognize no borders, and be prepared to emphasize cooperation and regulated interaction among nations.

We may inquire into the relevancy of the human-rights movement to our own practice or view it with a Thomas Hobbes approach — that politics, especially international politics, is nothing more than a state of perpetual war, so why devote any energy to that cause? But, from my personal experience, it is relevant, and we may realistically advance universal ideals. We must all hold with firm conviction and recognize that the fundamental values of dignity, equality, respect, and security for all people are as critically important to us today as they were 50 years ago, when the Universal Declaration was signed, if we are to achieve peace, freedom, and justice. We must not look upon those values as mere aspirations, but accept our challenge as lawyers to bring meaning to them, whether we work in a large metropolitan city, in a small community, on an Indian reservation, or on the other side of the world.

___________________

At the invitation of President Dave Savage, Fawn Sharp eagerly accepted the assignment to be guest columnist for this issue's "President's Corner." Fawn serves as lead counsel for the Quinault Indian Nation — managing comprehensive legal services; providing counsel; and representing the nation at court, tribunal, and administrative hearings. When Dave became president-elect, she succeeded him as an at-large member of the WSBA Board of Governors. Fawn can be reached at fsharp@quinault.org.

Back to table of contents >>