‘Indigenous peoples are the best guardians of world's biodiversity’

Interview with UN Special Rapporteur Victoria Tauli-Corpuz to mark the International Day of the
World’s Indigenous Peoples

 UN Special Rapporteur Victoria Tauli-Corpuz, a Kankanaey Igorot woman from the Philippines.
Photograph: Pierre Suu/Getty Images for UNDP

Wednesday 9 August 2017 09.36 BSTLast modified on Wednesday 9 August 2017 09.37 BST

Today is the United Nations’ (UN) International Day of the World’s Indigenous Peoples, numbering
an estimated 370 million in 90 countries and speaking roughly 7,000 languages. To mark it, the
Guardian interviews Kankanaey Igorot woman Victoria Tauli-Corpuz about the UN’s Declaration on
the Rights of Indigenous Peoples, which she calls “historic” and was adopted 10 years ago.

Tauli-Corpuz, from the Philippines, was Chair of the UN Permanent Forum of Indigenous Issues
when the Declaration was adopted, and is currently the UN Special Rapporteur on the Rights of
Indigenous Peoples. In this interview, conducted via email, she explains why the Declaration is so
important, argues that governments are failing to implement it, and claims that the struggle for
indigenous rights “surpasses” other great social movements of the past:

DH: Why is the UN Declaration so important?

VTC: [It’s] so important because it enshrines and affirms the inherent or pre-existing collective
human rights of Indigenous Peoples, as well as the individual human rights of indigenous persons.
It is a framework for justice and reconciliation between Indigenous Peoples and states, and applies
international human rights standards to the specific historical, cultural, social and economic
circumstances of Indigenous Peoples. The Declaration is a standard-setting resolution of profound
significance as it reflects a wide consensus at the global level on the minimum content of the
rights of indigenous peoples. It is a remedial tool which addresses the need to overcome and
repair the historical denial of the fundamental human rights of indigenous peoples, and affirms
their equality to all other members of society.

DH: How significant an achievement was it?

VTC: In the 1970s Indigenous Peoples had brought to the UN’s attention the problems and issues
they were facing, which led the UN to establish the Working Group on Indigenous Populations in
1982. This was mandated to listen to the developments in indigenous territories and to draft a
declaration on their rights. The drafting started in 1985 and Indigenous Peoples took an active
part. When the Working Group finished its draft in 1995, it was brought to the Commission on
Human Rights where the intergovernmental negotiations took place. On the first day, the Chair of
the Intergovernmental Working Group told Indigenous Peoples that we weren’t allowed to speak
at the negotiations - only to observe. We walked out, of course, because we could not accept and
respect a declaration on our rights made without our participation. This led to a change in the UN
rules and we were allowed to take part. It was during my term as Chair of the UN Permanent
Forum that the Declaration was adopted. There was a real concern that [that would never
happen], or that it would be watered down, but finally in September 2007 we were able to achieve
this important victory.

Advertisement

DH: How has the Declaration helped indigenous peoples to date?

VTC: Its adoption has boosted the confidence and commitment of many Indigenous Peoples to
sustain and strengthen their movements to assert and claim their rights, especially to their lands,
territories, resources and self-determination, which includes the right to have their free, prior and
informed consent obtained when projects are brought to their lands. I would daresay that
Indigenous Peoples’ movements in many countries, regions and even the global movement gained
more strength after the Declaration’s adoption. It has made Indigenous Peoples’ rights issues more
visible and discussed during global processes, such as the High Level Political Forum on Sustainable
Development Goals. Unfortunately, even if the UN’s member states adopted the Declaration, most
have not been able to implement it effectively. There has been limited progress. Many Indigenous
Peoples are still being dispossessed of their lands by states and corporations, and are being
criminalised and assassinated when they fight to protect their lands from being grabbed and
polluted by mining and oil companies. The Declaration remains the main tool to fight these battles.
In some cases, these battles are being won.

DH: When you talk about “implementation”, do you mean it being respected as a Declaration or
made legally binding? Are there any countries where attempts to do the latter have made serious
progress?

VTC: Implementation means that states will amend their constitutions and adopt a national law to
protect and respect the rights of Indigenous Peoples which are consistent with the standards
established in the Declaration. Effective implementation requires states to develop an ambitious
program of reforms to remedy past and current injustices. It involves all branches of the state,
executive, judiciary, and legislative, and implies a combination of political will, legal reform,
technical capacity, and financial commitments. Several countries have taken the significant step of
passing such laws or enshrining recognition of Indigenous Peoples’ rights in their constitutions,
such as Bolivia, Brazil and Ecuador, among others. Brazil was an early leader in this regard and has
titled over 100 million hectares of indigenous land, but we are now seeing this progress
threatened by the current administration. Latin America has historically been the strongest with
regard to recognising indigenous land rights - yet many countries now face potential roll-back. The
Declaration doesn’t have to be made legally binding for it to be implemented effectively.

Advertisement

DH: Do you think the Declaration could be improved? Or is there anything in it you would be
critical of?

VTC: No, I don’t think the Declaration has to be improved. It is not a perfect document, but it is the
result of more than two decades of drafting and negotiating until Indigenous Peoples and states
agreed that it was acceptable. Every article represents a response to some of the human rights
violations and injustices suffered by Indigenous Peoples. . . We fought to be called “Indigenous
Peoples”, a title that recognises us as distinct with our own identities and cultures. We fought for
the inclusion of free, prior and informed consent. The biggest problem [with the Declaration] is a
lack of implementation. Indigenous Peoples are still forced from their lands for development and
conservation projects, and still face violence and criminalisation when they stand up for their
rights.

DH: What did you think of the Pope’s comment earlier in the year saying indigenous peoples have
the right to ‘prior and informed consent’? Were you surprised?

VTC: I was very glad to hear the Pope’s comments on the right to free, prior and informed consent
and his recognition that our lands are vital to our identities, values and spirituality. His words
inspire hope for Indigenous Peoples facing an uphill struggle. The Pope also recognised the
importance of indigenous rights in the global struggle against climate change: when Indigenous
Peoples’ rights to their lands are protected, they are the best guardians of the world’s forests and
biodiversity. Studies show that where Indigenous Peoples have secure rights to their lands, carbon
storage is higher and deforestation is lower.

DH: In your time as Rapporteur you’ve visited many countries and spoken to many indigenous
peoples around the world. What has been the most distressing trip you’ve made so far?

VTC: Around the world, Indigenous Peoples face escalating attacks as well as arrests for refusing to
give up the lands they have called home since time immemorial. Seeing evidence of this violence
on my visits has been particularly distressing. When I visited indigenous communities in Brazil last
year, they showed me the scars on their bodies from rubber bullets and the graves of their
murdered leaders. I later found out that some of the communities I visited were attacked only
hours after I left. I have seen evidence of this violence in many countries. In the last year alone I
communicated my concerns to governments about these attacks in Brazil, Colombia, Ecuador,
Guatemala, Honduras, India, Indonesia, Kenya, Paraguay, Peru, the Philippines, Tanzania and the
United States.

DH: And what has been your most inspiring trip?

VTC: What inspires me the most is the firm determination of indigenous peoples to fight for their
rights. Also, their capacity to survive and their high levels of resilience in the face of great
difficulties.

DH: You’ve mentioned some of the threats and challenges that indigenous peoples have to deal
with. Very briefly, what do you think are the biggest threats?

VTC: I think the biggest threats are extractive industries, conservation projects and climate change.
Many Indigenous Peoples live on resource-rich territory - in large part because they have
protected and preserved that land for generations - making them prime targets for both extractive
industries and protected areas. Despite the fact that the UN Declaration has been accepted as an
international norm, international law still heavily privileges investors and companies. Also, as I
found in my report to the [UN] General Assembly last year, protected areas are still being
established on indigenous lands without their consent, even though Indigenous Peoples are the
proven best guardians of the forest and forcing them from their lands does not improve
environmental outcomes. Finally, Indigenous Peoples often live in areas at increased risk of
climate change-related disasters. I have already heard from Indigenous Peoples in Kiribati whose
homes have been lost to rising seas. Unfortunately, even the solutions to climate change, such as
wind farms and geothermal energy, can sometimes threaten indigenous land rights. Where
Indigenous Peoples’ rights are ignored, they face the loss of their lands, livelihoods, sacred sites
and self-governance.

Advertisement

DH: What do you think of the mainstream media’s portrayal of indigenous peoples?

VTC: I think that there has been an increase in media coverage over the years. I’m glad to see less
coverage that portrays us as primitive, but sometimes the media fails to capture the fact that we
are not anti-development. We are also seeing more media coverage - but still not enough - on the
contributions of Indigenous Peoples to global goals on climate, poverty and peace. If Indigenous
Peoples’ rights are not secured and protected, it will be impossible for the world to deliver on the
promises of the Paris Agreement and the Sustainable Development Goals. Secure land rights for
Indigenous Peoples is a proven climate change solution, and denying indigenous land rights and
self-determination is a threat to the world’s remaining forests and biodiversity. It is also a primary
cause of poverty. Many indigenous communities face intractable poverty despite living on
resource-rich lands because their rights are not respected and their self-determined development
is not supported. Protecting the rights of indigenous women, who are often responsible for both
their communities’ food security and for managing their forests, is particularly important. Finally,
undocumented land rights are a primary cause of conflict and a threat to investment in developing
countries. Securing their rights can help mitigate these conflicts and create a more peaceful world.

DH: Finally, do you think the struggle for indigenous peoples’ rights and territories is comparable
to any of the other great social movements in the past?

VTC: I think the Indigenous Peoples’ movement surpasses other social movements. They have
struggled against colonisation for more than 500 years and continue against forms of colonisation
and racism. At the same time, they continue to construct and reconstruct their communities and
practice their cultural values of collectivity, solidarity with nature, and reciprocity even amidst
serious challenges. Many still fight to protect their territories, which makes their movement
different from others.

Since you’re here …

… we have a small favour to ask. More people are reading the Guardian than ever but advertising
revenues across the media are falling fast. And unlike many news organisations, we haven’t put up
a paywall – we want to keep our journalism as open as we can. So you can see why we need to ask
for your help. The Guardian’s independent, investigative journalism takes a lot of time, money and
hard work to produce. But we do it because we believe our perspective matters – because it might
well be your perspective, too.

I appreciate there not being a paywall: it is more democratic for the media to be available for all
and not a commodity to be purchased by a few. I’m happy to make a contribution so others with
less means still have access to information.Thomasine F-R.
If everyone who reads our reporting, who likes it, helps to support it, our future would be much
more secure.

Become a