Yesterday, on December 16, 2010, U.S. President Barack Obama announced that the United States is now supporting the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration). After 25 years of development, the Declaration was adopted by the UN General Assembly on September 13, 2007. At that time, 144 countries voted in favor of the Declaration, and only four countries opposed- Australia, New Zealand, Canada, and the United States.

Currently, there are more than 5,000 distinct indigenous peoples, totaling more than 370 million Indigenous persons in the world. The Declaration seeks to safeguard and promote their collective human rights and treaty rights within their respective nation-states.

The preamble of the Declaration affirms that “all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust.” Moreover, the Declaration recognizes that “indigenous peoples have suffered from historic injustices as a result of their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests.”

Over the past three years, Australia and New Zealand have since announced their support of the Declaration. Canada announced its support of the Declaration on November 12th, 2010. While the United States is indeed the last of the opposing countries to support the rights of indigenous peoples, President Obama’s announcement is nonetheless being welcomed and applauded by the international human rights community and Native American right groups around the country.

Yesterday, September 23, 2010, Mr. Abel Barrera Hernández was publicly announced as the winner of the prestigious Robert F. Kennedy Human Rights Award for his tireless efforts to protect the rights of peasants and indigenous peoples in Guerrero, Mexico and his commitment to end human rights abuses resulting from military impunity and narco-violence.

A press release from the Robert F. Kennedy Center for Justice and Human Rights outlines how Mr. Barrera and his colleagues at the Tlachinollan Human Rights Center of the Mountain work under “constant threat to protect the rights of peasants and indigenous peoples against forced disappearances, rape, arbitrary detentions, intimidation, dispossession of lands and illegal interrogations, and to improve their access to healthcare, legal representation and education.”

The award will be presented to Mr. Barrera by Mrs. Robert F. Kennedy in a ceremony in Washington, D.C. in November. Mr. Barrera joins 41 other RFK human rights laureates representing 24 countries. Recipients in recent years include the Coalition of Immokalee Workers from the United States, Dr. Mohammed Ahmed Abdallah from Sudan, and most recently, Magodonga Mahlangu and Women of Zimbabwe Arise.

Mr. Abel Barrera Hernández, right

Last week the Honduran government inaugurated a truth commission to investigate the June 2009 coup. The commission will “document human rights abuses related to the coup, address grievances where they are found and consider reforms to prevent similar incidents from happening again.” Human rights groups have, however, criticized the commission. Committee for the Families of the Detained and Disappeared of Honduras (COFADEH) states, “the only purpose of the Lobo commission is to support the Honduran regime’s continued efforts to whitewash those responsible for the coup and its violent aftermath.” Since last year’s coup, a powerful nonviolent resistance movement has emerged. Women make up the majority of the movement and play a critical leadership role. The resistance is united not just by opposition to the regime but also a positive vision of a new Honduras, characterized by this slogan: “Por un constituyente no excluyente” (For a constitutional convention that doesn’t exclude). The regime has responded with brutal repression. As of last August, women’s groups documented 249 cases of violations of women’s human rights, including beatings, sexual assault and gang rapes by police. To date, COFADEH has registered 47 assassinations of anti-coup activists. On May 10, the U.N. Human Rights Council urged protection for Honduran journalists after seven were killed in the past six weeks. The truth commission has no mandate to examine these current human rights violations.

It has been an interesting two weeks, to say the least, since Arizona governor Jan Brewer signed SB1070 into law, a law which effectively makes the failure to carry immigration documents a crime and gives police broad power in detaining anyone who is “reasonably suspected” of being an “illegal immigrant.” I do not aim to provide a perspective that has not already been articulated by former Nobel peace prize winners or millions of recent immigrants whose lives will be directly impacted by such legislation. However, I would like to highlight Arizona’s recent ban of ethnic studies, which underscores what is really at the heart of Arizona’s immigration law: legalized xenophobia, targeted not at the immigration system, but at human beings of a different color, origin, and linguistic heritage than those who have the power to identify themselves as “real Americans.” This is why, on May 1st, also recognized as International Workers’ Day, hundreds of thousands of people around the country rallied for immigration reform that respects human dignity. In Washington DC, the four students who marched 1,500 miles from Miami along the Trail of Dreams were joined by thousands in their rally at the White House; in Los Angeles, more than 60,000 marched; in Atlanta, more than 5,000.

Of course, media coverage and public discourse on this issue end with the person who claims: “It’s simple. Those people are illegal.”

As a person of conscience, however, I can’t help but ask myself: Looking back in history, who gets to decide who is us or them? Who writes the laws? What happens when a certain group of people is dehumanized and made into the scapegoat, the root cause of all of the society’s problems? How would an honest, and thus radical, reading of human rights principles interpret the concept of ‘illegal people’?  Not surprisingly, the only source I am able to find that seems to make some sense of this current immigration ‘debate’ is in the form of brilliant satire:

This month’s issue of Smithsonian magazine highlights the systematic demolition of the city of Kashgar in East Turkestan, also known as the Xinjiang Uyghur Autonomous Region of China. Kashgar is a 1,000 year old city that is home to the Uyghur people. Uyghurs are ethnically and culturally a Turkic people who practice a moderate form of Sufi Islam. Heavy-handed repression by the Chinese government has created a dire human rights situation in East Turkestan that includes arbitrary detention, torture, and execution; severe discrimination in the areas of healthcare and employment; religious repression; forced abortion; the removal of Uyghur as a language in schools; and the forcible transfer of young Uyghur women and men to eastern China at the same as government policies bring millions of Chinese migrants to East Turkestan. The systematic demolition of Kashgar is considered yet another sinister attempt “to deprive the Uyghur of their main symbol of cultural identity.” Read this speech by Rebiya Kadeer to learn what “the Mother of the Uyghur Nation” had to say after deadly demonstrations killed hundreds of Uyghur in July 2009.

Photo credit: Associated Press Uyghur women protest

Last week, the United Nations released its first report on “The State of the World’s Indigenous Peoples.” The report finds significant disparities in basic human rights and development standards for indigenous peoples as compared to non-indigenous populations. For instance, in terms of economic rights in the United States, more than twice the percentage of Native Americans and Alaska Natives were found to live below the poverty line as compared to the total U.S. population. And women’s rights standards are even more disconcerting: Native American women are 2.5 times more likely to be raped or experience sexual violence than other women in the United States. Human rights organizations such as Amnesty International are working to pass several bills in Congress this upcoming year to address these severe and pervasive human rights disparities. Of course, Native American communities have long been aware of these injustices, and groups such as the Alaska Native Justice Center and the Native American Rights Fund have worked to promote and defend Native American human rights.

While many of us are enjoying the Columbus Day holiday, it is perhaps appropriate to use such free time to consider the differing perspectives of what this day signifies both to the history of the United States and the world. Consider this passage from Christopher Columbus’s log book: “[The natives] do not bear arms, and do not know them, for I showed them a sword, they took it by the edge and cut themselves out of ignorance…They would make fine servants… With fifty men we could subjugate them all and make them do whatever we want.” While Columbus’s ‘discovery’ marked the beginning of contact between Europe and the Americas, it also signified the foundations of imperialism that spawned the global slave trade and the genocide (the intent to destroy, in whole or in part, any national, ethnic, racial, or religious group as such) of indigenous peoples in the Americas that has continued for more than 500 years. In Costa Rica, October 12th is celebrated as Día de las Culturas (Day of the Cultures). In Venezuela, it is recognized as Día de la Resistencia Indígena (Day of Indigenous Resistance). For a man who never set foot on what is now U.S. soil, what is at stake in the United States maintaining a day of honor for Christopher Columbus? Whose history does this holiday represent?

Here is a (rather long) excerpt from the first chapter of Howard Zinn’s “A People’s History of the United States” entitled Columbus, The Indians, and Human Progress. A Youtube video entitled “Reconsider Columbus Day” has also been circulating in the human rights/indigenous justice blogosphere.