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PrintRights of Indigenous peoples
Policy Serial No: POS 2.2.1
Date of adoption: 29 May 2004
The Issue:
Oxfam Australia observes that:
Indigenous peoples worldwide are structurally excluded and disenfranchised. This reflects the crucial interrelationship between land justice and cultural, economic and social rights, and in turn, political and civil rights. The loss of land and language for indigenous communities results in economic and cultural marginalisation. In many countries, there is no legal framework through which indigenous rights can be addressed. At the same time indigenous philosophies, languages, histories and systems of economics are a wellspring of cultural value that make a unique contribution to global civic society.
Nonetheless Indigenous Peoples are disadvantaged in putting their political messages before the public. Indigenous Peoples have smaller and often fragmented populations. These problems are compounded by the fact that the vast majority of colonising and non-indigenous peoples are often not aware of Indigenous Peoples’ special relationship to land, of their rights to culture and language or of the centrality of self-determination to their struggle. In some countries Indigenous Peoples are actively discriminated against by the broader society and denied citizenship.
The issue of Indigenous Peoples’ disadvantage is global, and evident in most countries where Oxfam Australia works. There are significant obstacles to Indigenous Peoples achieving the same level of opportunity as non-indigenous citizens.
Oxfam Australia Principles:
Our view is:
Indigenous visions have much to offer in contributing values and structures for a more inclusive civic society, as it brings to attention core values of relationship, not only amongst people in communities, but with the land. Indigenous Peoples must be seen and recognised, and their issues made familiar and real in political processes and civic society as a whole.
The corpus of international rights-based frameworks such as the International Labour Organisation's (ILO’s) 169 Convention and the UN's Draft Declaration on the Rights of Indigenous Peoples (DDRIP) reflect Indigenous Peoples’ priorities and provide a foundation for Oxfam Australia’s work in this area. As a member of the Oxfam International confederation, Oxfam Australia’s work is also aligned with the strategic aim for equal rights and status to cultural and other minorities that are oppressed or marginalised because of their identity.
Self-determination is central to working with Indigenous Peoples, and Oxfam Australia’s role is to support indigenous organisations in making decisions about their own development. Direct consultation with indigenous groups should be sought through the whole cycle of policy and program. Tasks should be approached in a way that results in ongoing and reciprocal learning.
As a non-indigenous organisation it is most appropriate for Oxfam Australia to work within rights-based frameworks when attempting to highlight links between indigeneity, poverty and suffering at all levels. This includes a commitment to the rights of women and children, for example, even when there these may be in contradiction with specific cultural traditions.
Land justice must inform program and advocacy work, so as to provide decision-makers and the community with credible relevant information about the land justice issue, and to influence and enhance public debate and facilitate good public policy decision-making.
Consequently, Oxfam Australia calls for:
- A focus on lobbying – to put pressure on governments at an international level, to address the structural inequality faced by Indigenous Peoples, and specifically, to support and ratify the UN's Draft Declaration on the Rights of Indigenous People. It is important that Australia advocate policies of self-determination in a form that gives voice to Indigenous People’s concerns, and against the unauthorised exploitation of resources located within, or affecting Indigenous Peoples’ territories.
- Non-indigenous and indigenous communities to commit to genuine reconciliation that builds a solid foundation for living together peacefully and equitably.
Appropriate Community-based Strategies:
Oxfam Australia should focus on Indigenous communities, in Australia globally, with a view to understanding indigenous movements and rights in an internationalised context and responding through UN and associated bodies. Oxfam Australia should aim to develop a distinctive competence in indigenous rights through increasing our work with and facilitating exchanges between Indigenous Peoples, enhancing staff capacity in relation to indigenous rights and increasing advocacy work in Australia and through Oxfam International on indigenous rights.
Oxfam Australia’s approach should draw attention to formal recognition and protection in legislation and constitutional instruments, while rights-based advocacy should emphasise Indigenous People’s right to self-determination over their use of language, culture and the right to practice customs and traditions where these are consistent with internationally-accepted human rights.
It is a strategic priority to co-ordinate advocacy and long-term development interventions with Indigenous Peoples and their allies to increase impact through bringing about significant and lasting changes in the lives of Indigenous Peoples. Coordinated programming and advocacy may lend itself to better networking and consultation with Indigenous People and building the capacity of indigenous organisations to advocate on their own behalf.