IC: "Excellencies, I bid your our warmest greetings. I am Michel Badour, First Secretary and Permanent Representative of the Jeltronian WA Mission ,and concurrent Observer of the Mission of the Nabetseican Realm of Jeltronia to the World Assembly.
On behalf of the Jeltronian WA Mission, I am pleased to transmit this draft resolution entitled, the Declaration on Indigenous Peoples Rights. Indigeneous Peoples are inheritors, guardians and advocates of unique cultures and ways of relating to people and the environment. Despite the numerous challenges that they face, from discrimination, exploitation, and even environmental degradation, they have retained their special social, cultural, economic and political characteristics that have enriched and enlivened our common heritage.
While we have succeeded in promoting their interests in the past, Indigenous Peoples as ethnic minorities in their own lands, continue to face exclusion and marginalization, and lack equal access to basic services. We are of the view that it is time that this honorable body finally protect their way of life, the enjoyment of their fundamental rights, and their access to opportunities for the upliftment of their quality of life.
Let us work together in empowering them, that they may continue to become indispensable friends and partners for sustainable peace and development.
Recognizing the existence of Indigenous Peoples within Member-States of the World Assembly, here defined as distinct social and cultural groups which have collective ancestral ties to territories where they live, or from which they have been displaced, and are different from the dominant societies they live with;
Affirming that Indigenous People enrich the cultural fabric of Member-States and uniquely contribute to sustainable development;
Concerned that Indigenous Peoples continue to suffer injustices and discrimination by remaining a vulnerable group under international law;
Acknowledging that Member-States remain the appropriate authorities to protect and promote the rights of Indigenous Peoples in their territories;
Convinced that the recognition and protection of the rights of Indigenous Peoples are vital for peaceful and prosperous co-existence of all peoples.
The World Assembly, hereby:
1. Declares that Indigenous Peoples have the right to enjoy fundamental rights guaranteed by extant international and domestic law, without discrimination on account of their indigenous identity or origin.
2. Declares Indigenous Peoples have the right to pursue their economic, social and cultural aspirations, within the constitutional framework of Member-States they reside in. They shall have access to the minimum quality of life necessities and services, and are encouraged to meaningfully practicipate in political processes, where appropriate.
3. Declares Indigenous Peoples have the right to practice and pass on their belief, customs and traditions, subject to reasonable regulations determined by the Member-State where they reside.
- For purposes of this section, a member-state’s regulation shall be deemed reasonable, if it is pursued within the due process of law of the member-state and relates to any of the following: the defense of its territory or national security; the protection of health; the maintenance of a clean or safe environment, or the promotion of the general welfare of all peoples of the member-state concerned.
- Where a reasonable regulation is to be pursued, the member-state concerned shall provide Indigenous Peoples with the opportunity to be consulted.
- In the interpretation and implementation of a reasonable regulation, preference shall be given to that which permits the least infringement or impairment of the Indigenous Peoples’ belief, custom and tradition as possible.
4. Declares Indigenous Peoples have the right to own and possess territories and properties. Member-States are encouraged to accord legal recognition and protection to territories and properties claimed by Indigenous Peoples on account of their indigenous ancestry, and to be restored to them. Where restoration is impracticable, Member-States may provide or order just compensation be paid.
5. Declares Indigenous Peoples shall forever be free from extermination on account of their Indigenous identity or origin. They shall not be forced to assimilate.
6. Prohibits the forced transfer of Indigenous Peoples out of their ancestral territories, or the destruction thereof. This shall not apply where the transfer is due to any of the following:
- The transfer is necessary for the protection of Indigenous Peoples from imminent danger on their lives, or on their ancestral territories, arising from a threat not attributable to the Member-State concerned. They shall be allowed and assisted to return to their ancestral territories, if practicable.
- In any other instance, where the Indigenous People have freely given their consent following reasonable consultations and are compensated or assigned the use of a new, habitable territory.
7. Establishes the World Assembly Commission on Indigenous Peoples Affairs (WCIP) to coordinate and promote policies and programs for the advancement of Indigenous Peoples. The WCIP shall have the following functions:
- Recommend policies and programs addressing Indigenous Peoples rights, welfare, or their lands or territories, for consideration of Member-States.
- Monitor the compliance of Member-States with extant resolutions of the World Assembly pertaining to or affecting Indigenous Peoples and report instances of attacks or abuse of Indigenous Peoples, for appropriate action.
- Maintain a databank on various Indigenous Peoples residing in Member-States to provide credible and actionable information to policy-makers and researchers.
8. Enjoins Member-States to similarly protect Uncontacted Indigenous Peoples, here defined as Indigenous Peoples, who through their voluntary isolation from the world outside their indigenous community or nation, have maintained their way of life. Their right to be left alone is recognized and shall, as far as practicable, be maintained.
9. Clarifies that nothing in this resolution shall be construed as a limitation of rights already guaranteed to Indigenous Peoples by existing international or domestic legislation, nor shall it be interpreted as authorizing the separation of a territory of a Member-State from its sovereignty, whether in whole or in part.
Version of Draft:
Second Draft, 13 September 2023
