United Nations Declaration on the Rights of Indigenous People
Introduction:
A declaration on the Rights of Indigenous People was passed on September 13th, 2007. The US, Canada, Australia and New Zealand voted against the act.
This act has broad ramifications throughout the gem world. Gems are often found on indigenous lands. Commonly governments work with large scale mining to disenfranchise and destroy indigenous communities in order to gain mineral wealth. The diamond business in South Africa was predicated and then built on the destruction of indigenous cultures.
In context to my recent coverage of the Greenlandic ruby, Denmark voted for the act. Any objective examination of Greenland’s Bureau of Mining and Petroleum conduct illustrates a clear violation of this declaration.
Inuits were once allowed the freedom to mine and sell Greenlandic rubies. This was even supported by the Greenlandic government, which sent members of the Greenlandic Stone Club to the Tucson Gem Show. However, now that valuable rubies have been found, Inuits are no longer allowed to conduct their artisan small scale mining and selling of rubies. The result of this has been an uprising lead by the 16th of August Union, as I have discussed earlier.
Below are a few of the articles from this newly passed declaration that are relevant to the artisan small scale mining sector.
~ Marc Choyt, Publisher
Article 26
1. Indigenous peoples have the right to land, territories and resources which they have traditionally owned, occupied and otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources they possess by reason of traditional ownership, or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to customs, traditions and land tenure systems of the indigenous peoples concerned.
Article 32
1. Indigenous peoples have the right to develop and develop priorities and strategies for the development of use of their lands or territories and other resources.
2. States shall consult and cooperate in good fair with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
3. States shall provide effective mechanisms for just and fair redress of any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social or spiritual impact.
Article 40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
Article 41
The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.
