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PRESS RELEASE
N° 79/10
IACHR CALLS FOR RESPECTING, GUARANTEEING, AND
PROMOTING THE RIGHTS OF INDIGENOUS PEOPLES
Washington, D.C., August 9, 2010 - On the occasion
of the International Day of the World's Indigenous People, the
Inter-American Commission on Human Rights (IACHR) Office of the
Rapporteur on the Rights of Indigenous Peoples calls on the OAS Member
States to adopt effective measures to respect, guarantee, and promote
the individual and collective human rights of indigenous peoples and
their members, particularly when it comes to fighting poverty and
ensuring minimum living conditions that are compatible with human
dignity.
The IACHR notes with concern that numerous
indigenous communities and peoples throughout the Americas endure
alarming conditions of territorial dispossession; are deprived of or
have insufficient access to the natural resources on which they depend
for their subsistence practices; and are not provided with basic
services related to food, water, health, and housing by the State
authorities. Taken as a whole, these conditions expose indigenous
peoples and their members to situations of extreme vulnerability and
defenselessness, which hinder the exercise of their individual and
collective human rights and particularly affect their ability to
preserve and pass down their ancestral cultures. Especially troubling in
this context is the condition of indigenous children in the Americas,
since infants and children suffer a disproportionate and more serious
impact when it comes to conditions of material deprivation, the lack of
specifically tailored programs, and the lack of access to the most basic
conditions necessary to live in dignity. This impact is reflected in the
high rates of preventable infant morbidity and mortality recorded among
indigenous peoples of the hemisphere.
The IACHR recalls that by virtue of the right to
equality and non-discrimination, established in Articles 1.1 and 24 of
the American Convention on Human Rights and in Article II of the
American Declaration of the Rights and Duties of Man, States are not
only under the obligation of securing the full exercise of all human
rights by indigenous persons on an equal footing with everyone else, but
also under the obligation to adopt special measures of an affirmative
nature, aimed at alleviating or eliminating the social and economic
conditions that contribute to perpetuate the historical and structural
discrimination borne by indigenous peoples, taking into account their
circumstances of disadvantage, vulnerability and unprotectedness.
Likewise, the IACHR emphasizes that international
human rights law obligates the OAS Member States to respect, guarantee,
and promote the full enjoyment of the right to life in conditions of
dignity, enshrined in Article 4 of the American Convention on Human
Rights and in Article I of the American Declaration of the Rights and
Duties of Man. This fundamental right, to which all members of the
indigenous peoples of the Americas lay claim, imposes on the States,
among other things, a triple obligation: (i) to adopt special measures
to generate dignified living conditions for persons; (ii) to refrain
from creating conditions that hinder access to basic conditions of food,
water, health, and housing; and (iii) in cases in which indigenous
peoples are already exposed to situations of vulnerability and risk due
to their poverty, to adopt positive measures on a priority basis to meet
the basic needs of a dignified subsistence. In the case of indigenous
peoples, communities, and persons, meeting this triple obligation must
be done with due consideration for ancestral cultures and taking into
account the special relationship that ties indigenous peoples to their
lands and to the natural resources found on those lands. The
Inter-American Commission believes it is urgent for the Member States to
undertake the necessary efforts to comply with the recommendations of
the IACHR and the judgments of the Inter-American Court of Human Rights
that have to do with the rights of indigenous peoples.
The IACHR created the Office of the Rapporteur on
the Rights of Indigenous Peoples in 1990 to attend to the indigenous
peoples of the Americas that are especially vulnerable to human rights
violations, as well as to strengthen, promote, and systematize the
Inter-American Commission's own efforts in this area. The Office of the
Rapporteur, on behalf of the IACHR, will continue to closely monitor
progress on this matter throughout the Americas.
A principal, autonomous body of the Organization of American States
(OAS), the IACHR derives its mandate from the OAS Charter and the
American Convention on Human Rights. The Inter-American Commission has
the mandate to promote respect for human rights in the region and acts
as a consultative body to the OAS in this matter. The Commission is
composed of seven independent members who are elected in a personal
capacity by the OAS General Assembly and who do not represent their
countries of origin or residence.
Useful links
Read this press release in Spanish / Lea este comunicado de prensa en español
Press contact: María Isabel
Rivero
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