UNICEF Innocenti Research Centre Innocenti Digest

ENSURING THE OF INDIGENOUS CHILDREN ENSURING THE RIGHTS

Around the world, in rural and urban areas alike, indigenous children fre- OF INDIGENOUS CHILDREN quently constitute one of the most disadvantaged groups, and their rights – including those to survival and development, to the highest standard of health, to education that respects their , and to protection from abuse, violence and exploitation – are often compromised. At the same time, however, indigenous children possess very special resources: They are the custodians of a multitude of cultures, languages, beliefs and knowledge systems, each of which is a precious element of our collective heritage. As this Digest discusses, the most effective initiatives to promote the rights of indigenous children build upon these very elements. Such initiatives recognize the inherent strength of indigenous communities, families and children, respect their dignity and give them full voice in all matters that affect them.

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Website: www.unicef-icdc.org For every child Health, Education, Equality, Protection ISSN: 1028-3528 ADVANCE HUMANITY unicef ENSURING THE RIGHTS ▼OF INDIGENOUS CHILDREN

ONTENTS EDITORIAL C In recent years issues affecting have received growing national and international EDITORIAL 1 attention and significant progress has been made towards the promotion of their rights. In this process, encouraging as it is, indigenous children have not always received the distinct consideration they 1. INTRODUCTION 2 deserve. In some cases, their particular situation has been obscured by other issues of broader concern to 2. UNDERSTANDING INDIGENOUS indigenous peoples, including land rights and political representation. Such concerns are, of course, fun- CHILDREN’S RIGHTS 3 damental to indigenous communities, but it is nonetheless crucial that they are considered together with targeted action to safeguard the distinct identity of indigenous children and to promote the realization The Convention on the Rights of their . of the Child (CRC) 3 Traditional indigenous structures are well suited to ensuring protection and provision for children and UN system-wide action to safeguard young people. When, however, these structures begin to break down as a result of pressure exerted on indigenous peoples’ rights 5 indigenous communities due to environmental change, economic exclusion, displacement, exploitation Individual and collective rights 6 or armed conflict children can be particularly at risk. As this Digest highlights, all too frequently indige- nous children live in extreme poverty, do not attend school, demonstrate higher levels of morbidity and 3. THE WORLD’S INDIGENOUS PEOPLES 7 mortality than their non-indigenous peers and are vulnerable to violence, abuse and exploitation. Often Numbers around the world 7 this experience of marginalization erodes their very identity, and with it their sense of self-esteem. This Digest reflects the UNICEF commitment to advance the cause of indigenous children. 4. WHEN INDIGENOUS CHILDREN’S RIGHTS Promoting the rights of indigenous children is one of the best ways to promote the rights of all members ARE COMPROMISED 8 of indigenous communities and thus ensure the perpetuation of their way of life, their practices and The right to life, survival and development 8 beliefs. This commitment is anchored in the principles and provisions of the Convention on the Rights of the Child (CRC). It was reinforced at the UN General Assembly Special Session for Children in May The right to birth registration, 2002, that called for appropriate measures to be taken to end discrimination, provide special support and a name and 9 guarantee equal access to services for indigenous children. At the Special Session, States were also urged The right to health and health care 9 to ensure that indigenous children have access to quality education in a form that respects their heritage The right to education 10 and sustains their cultural identity. This Digest, in contributing to the advancement of the implementa- tion of the CRC, is conceived as an integral element in the follow-up to the Special Session. Its devel- The right to protection from abuse, opment is also the fruit of an ambition to, at one and the same time, benefit from and influence the ini- violence and exploitation 11 tiatives regarding indigenous children that have marked 2003. Notable among these are the Second The impact of armed conflict and civil Session of the Permanent Forum on Indigenous Issues in May, and the UN Committee on the Rights of unrest on indigenous children 13 the Child day of general discussion in September. In the same month, the Fifth Ibero-American Meeting of Ministers for Children and Adolescents in Santa Cruz de la Sierra, , also gave special consider- 5. ENSURING THE RIGHTS ation to the situation of indigenous children. OF INDIGENOUS CHILDREN 14 The Digest dedicates particular attention to four strategic areas where significant progress can be The highest standard made in the realization of the rights of indigenous children to the highest standard of health and nutri- of health and nutrition 14 tion; quality education; effective, culturally sensitive protection and support; and participation in the Quality education 15 decisions that affect them. A child who is healthy and literate, lives in security and is able to express his or her views is a child who not only develops in harmony with his or her community, but also strength- Effective protection and support 17 ens that community and ensures that it flourishes through social progress and the promotion of respect Child participation for human rights. in decision-making processes 18 Families, elders and community leaders have an important role to play in helping indigenous children to understand that they have special resources upon which to draw – spirituality, cultural identity and val- 6. NATIONAL AND INTERNATIONAL ues; a strong bond with the land; collective memory; and community. Indigenous children carry ACTION FOR INDIGENOUS CHILDREN 20 with them a reserve of knowledge that is their special inheritance, and from which we can all benefit. National action 21 These fundamental values are increasingly coming to be acknowledged by both national governments and International action 22 international organizations. Today, indigenous peoples are reaffirming their pride in their indigenous iden- tity and are, in turn, nurturing this pride in their children. 7. CONCLUSION 22 Indigenous children occupy a special place between the unique world-view of their own community and an increasingly global culture. They, more than anyone, are able to bring together, learn from and LINKS 23 enrich these two dimensions of the world we share. As one young Inuit woman affirmed, “We have a lot INFORMATION SOURCES 27 to say. We know what we need, we just have to be given a chance.”1 Marta Santos Pais CLIPBOARD 32 Director, UNICEF Innocenti Research Centre

For every child Health, Education, Equality, Protection ADVANCE HUMANITY Innocenti Digest no. 11 Main issues ▼ INTRODUCTION Indigenous communities and their individ- important catalysts of change with the the enjoyment of their rights, including the ual members draw their identity and form potential to advance the global human highest attainable standard of health, edu- their world-view from specific historical rights agenda. cation, protection and participation in and cultural contexts that include their own Despite these advances, around the decision-making processes that are rele- beliefs, social organization, language, cus- world indigenous children consistently vant to their lives. toms and knowledge. As children, indige- number among the most marginalized This Digest discusses the situation of nous people develop a profound bond with groups in society and are frequently denied indigenous children in income-rich and their territory of origin, whether or not they and their communities still occupy this space (Box 1). Box 1: Land, environment and culture In recognition of these special dimen- You see, the land is not only to cultivate. The land is also for you to be cultivated in as a sions, indigenous peoples are entitled to person. This is why, when the land is in the hands of others, you are only a tool.2 specific rights and protection under inter- Marcelino T., Guaraní farmer, Bolivia. national law. These include the right to enjoy their culture, religion and language in Indigenous peoples invariably demonstrate a deep and intimate bond with their community with other members of the territory of origin. In indigenous world-views, land cannot be separated from culture and identity. It is not only a resource for survival, but also a fundamental source of, and group, and to preserve and protect their 3 collective identity. The denial of their element in, indigenous belief systems. Indigenous peoples draw their spirituality, human rights has a serious impact upon cultural values and collective identity from the land, and their traditional laws, customs and practices reflect this attachment. The Earth lies at the centre of their cosmologies, both their individual and collective well- and connects them with their past, as home of their ancestors, their present, as provider being as well as their social development. of their material needs, and their future, as a legacy that they hold in trust for their National and international awareness of children.4 indigenous peoples’ rights has increased Just as the of indigenous peoples represents an invaluable human significantly in recent years. Important resource, so too their knowledge of sustainable practices is a key element in maintaining landmarks have included the establish- the world’s ecological richness. Indeed, the global distribution of indigenous peoples ment of the Working Group on demonstrates a marked correlation with areas of high biological diversity.5 Indigenous in 1982, the 1989 The significance of land is not restricted to indigenous peoples who continue to CRC, the 1989 International Labour inhabit their place of origin. For those who have been forced off their land or who have Organization Convention (No. 169) con- moved, often to urban areas or shanty towns, for economic reasons, to escape armed cerning Indigenous and Tribal Peoples in conflict or to pursue education, the spiritual continues to possess deep Independent Countries, the International cultural resonance that is often reconfirmed by periodic ceremonies or rituals. From this perspective, denying indigenous children access to sacred sites because, for instance, Decade of the World’s Indigenous People they have been privatized or militarized, means denying them an important aspect of (1995-2004), the establishment of the their own identity and compromising their full development. Permanent Forum on Indigenous Issues in 2000, and the ongoing work to prepare the Draft United Declaration on the Rights of Indigenous Peoples. Box 2: Indigenous movements and democratic reform in At the same time, movements of Some of the most far-reaching reforms brought about by indigenous peoples’ indigenous peoples around the world are movements have been in Latin America. For example, in 1994 the Bolivian government calling for the opportunity to participate approved the Citizens’ Participation Law as a response to regional campaigns for more actively in the decisions that affect political and administrative decentralization led by indigenous organizations. This law their lives, including the development of promotes accountable government at the local level and allocates funding to economic and social policies. They are municipalities on the basis of their size. Local government incorporates grass-roots territorial organizations and monitoring committees include indigenous, Innocenti Digest 11 – also working to preserve and nurture their peasant and community organizations. These organizations participate directly in cultures and , as well as decision and policy-making, influence budgetary allocations and shape development staking their claims to land and the natur- plans in areas such as health, education, agriculture, sports and recreation.6 al and mineral resources it contains. Direct In , the indigenous peoples’ movement has consistently worked to have political participation of indigenous orga- indigenous peoples’ rights recognized and respected and has campaigned against Ensuring the Rights of Indigenous Children nizations at local and national levels of government corruption. In January 2001, the National Confederation of Ecuadorian government has the proven capacity to Indigenous (CONAIE) mobilized indigenous organizations against improve governance, strengthen democra- economic adjustment that brought with it increases in the price of basic goods and cy and reinforce citizenship (Box 2). services. The Ecuadorian government eventually signed an agreement with indigenous These same elements are inherent to the leaders emphasizing the development of participatory mechanisms for “the collective promotion of human rights, including construction of solutions.” This agreement blocked increases in fuel prices in 2001 those of children-indigenous and non- and introduced economic measures to benefit the poorest citizens, including indigenous alike. Indigenous peoples’ reductions in public transportation fares for children, persons with disabilities and the elderly.7 2 movements have shown themselves to be Main issues income-poor countries alike. It examines this Digest: these children’s sense of their ment; and their capacity – and, indeed, the impact on indigenous children of situa- own identity, their close relationship with enthusiasm – to understand the world tions in which their human rights are com- and sensitivity to their land and environ- through the lens of their own culture. promised or denied, and identifies innova- tive programmes and practices designed to protect and promote these rights. The most BOX 3: Voices of indigenous children8 effective initiatives include full and mean- I had never before heard these two words together: ‘indigenous’ and ‘pride’. Now I know ingful participation in decision-making that I want to be a proud indigenous boy. processes at all levels and succeed in pro- Rody Ccallo (aged 16), Quechua Indian, moting respect for cultural diversity and protection from discrimination. They also I am called Celina Tembé because I am a Tembé Indian ... . I like living by the river – I want recognize the close interaction among key to live here for the rest of my life. I love the forest, and it makes me sad when people chop elements in the indigenous world-view: the down the trees. physical, mental and economic well-being Celina Tembé (aged 9), Tembé Indian, Brazil of indigenous peoples, their freedom from My name is Trieu Thi Liên. We say our family name first then our ‘given’ name. When I grow exploitation, and their survival and devel- up, I want to be an agricultural engineer and develop new ways of growing rice. Rice opment are intimately linked to the unhin- farming is difficult here in the mountains because people have to carry heavy baskets up dered pursuit of their culture, beliefs and steep slopes. I think it must be much easier down on the plains. It would be very useful to spirituality, as well as to access to their land learn about science and technology. and its resources. Any efforts to promote Trieu Thi Liên (aged 9), Dao hill , Viet Nam the rights of indigenous children need to be I came to live with Nanna because I am half Maori and I wanted to find out about that part anchored in and informed by this reality. of me... . I like reading and studying Maori ... . At the moment we are reading this book The statements by indigenous children in about a man who tries to catch the sun to stop it from going down. Box 3 reinforce this point while serving to Ngawiata Evans (aged 9), Maori, New Zealand illustrate some of the themes that emerge in ▼ UNDERSTANDING INDIGENOUS CHILDREN’S RIGHTS

In the cosmology of the Quechua9 people of belonging to such a minority or who is , the concept of pachacutec10 The Convention indigenous shall not be denied the (which means ‘devastating power’ or ‘earth- on the Rights of the Child right, in community with other mem- quake’) describes the necessary and dramatic The 1989 CRC is the first binding instru- bers of his or her group, to enjoy his or breaking of a given order to make way for a ment in to deal compre- her own culture, to profess and prac- new one. The Quechua consider that the nat- hensively with the rights of children. The tise his or her own religion, or to use ural order was overturned with the Spanish implementation of the CRC is monitored by his or her own language.” conquest, but that this cycle of change has not the Committee on the Rights of the Child, The very existence of such an article yet been completed. Until order is returned, which assesses the progress made by States indicates a concern regarding the need for the Quechua people believe they will experi- Parties in fulfilling their obligations. In the special safeguards to ensure the enjoyment ence confusion, imbalance and uncertainty. of indigenous culture, religion and lan- context of its mandate, the Committee Like the Quechua most indigenous soci- guage. It also highlights the importance of makes suggestions and recommendations to eties have seen their traditional orders and the indigenous child enjoying these ele- corresponding cosmologies disrupted governments and the UN General Assembly ments “in community with other members through contact with more ‘powerful’ soci- on ways to meet the Convention’s objec- of his or her group”. In adopting this eties. The impact of saw tradi- tives. The Committee also holds days of approach, the Convention acknowledges tional indigenous social structures eroded, general discussion on specific issues it con- that certain activities draw their signifi- Innocenti Digest 11 – while colonizing powers rarely extended the siders to be of particular importance. In cance from the fact that they are pursued in benefit and protection of their own concept 2003, the day of general discussion was a group that shares the same values. Thus, of citizenship to indigenous peoples. Often devoted to the rights of indigenous children. while this provision addresses the individ- these peoples have experienced discrimina- Article 30 ual rights of the indigenous child, it further tion, oppression, exploitation and even geno- The CRC is one of the first international recognizes the collective dimension of cul- Ensuring the Rights of Indigenous Children cide. Promoting indigenous peoples’ rights human rights treaties to address explicitly ture, religion and language. and guaranteeing their fundamental freedoms the situation of indigenous children. While Article 30 does not make explicit the as recognized by international standards all the provisions of the Convention apply important relationship between indigenous must necessarily mean respecting indigenous to these children, Article 30 specifically culture and the natural environment. cultures and offering indigenous peoples the addresses their reality: Nonetheless, in indigenous communities means to discover a new equilibrium between “In those States in which ethnic, reli- the enjoyment of culture and the profession their own culture on the one hand and gious or linguistic minorities or per- of religion are so closely linked to sacred national and global cultures on the other. sons of indigenous origins exist, a child sites and the natural environment that pre- 3 adopted at the UN General Assembly in particular, Article 5 calls upon States to in particular, Article 5 of the CRC is also particularly al from a diversity of national and interna- of national and al from a diversity the mass and to “encourage tional sources, the lin- particular regard to media to have is indige- of the child … who guistic needs potential 29 emphasizes the nous”. Article a foundation for a of education to provide society in which harmonious multicultural cultural identity is respected: every child’s the education of “States Parties agree that to … the prepa- the child shall be directed responsible life in a ration of the child for in the spirit of understanding, free society, of sexes, and peace, tolerance, equality peoples, ethnic, friendship among all groups and persons national and religious Article Moreover, of indigenous origin”. education should be 29 states that a child’s of respect directed to “the development identity, … own cultural for the child’s language and values” as well as to the “development of respect for the natural environment.” significant for indigenous children. Informed by the cultural and social envi- Part 1, Paragraph 20 acknowledges the unique United Nations Conference on Environment and outcome document from the Chapter 26 calls upon governments to ensure that Paragraph 20 asserts that appropriate measures should be as regards children, the right of parents or legal guardians as regards children, the right of parents or legal this treaty includes includes articles relating to State protection of ethnic, cultural, adopted at the to the rights of indigenous children this treaty contains, among Box 5: International agreements relevant Box 5: International agreements relevant orld Conference on Human Rights: eliminate violations of the human rights of peoples affected by situations such as those eliminate violations of the human rights of peoples resulting from apartheid, all forms of and racial discrimination, colonialism and refusal to recognize the fundamental right of peoples to self-determination. Development (Earth Summit): indigenous youth have access to natural resources, housing and a healthy environment. indigenous youth have access to natural resources, to organize family life in accordance with their religion or belief; the right to have to organize family life in accordance with their or belief in accordance with the wishes access to education in the matter of religion parents; and the right of the child to be protected from any form of of the child’s discrimination on the basis of religion or belief. Linguistic Minorities: religious and linguistic identities; the right of minorities to enjoy their own culture, religion and language; and the requirement that national policies and programmes have due regard for the interests of persons belonging to minorities. W taken to end discrimination, provide special support and ensure equal access to services states that governments will ensure for indigenous children. Paragraph 40(5) that indigenous children have access to quality education on the same basis as other children and that this education should be provided in a manner that respects their heritage. Educational opportunities should also enable indigenous children to develop understanding of and sustain their cultural identity including language and values. Based on Religion or Belief: Special Session on Children: contribution of indigenous people to the development and plurality of society. It calls contribution of indigenous people to the development and plurality of society. upon States to ensure the full and free participation of indigenous people in all States should also take positive steps to ensure respect for all aspects of society. human rights and fundamental freedoms of indigenous people, on the basis of equality and non-discrimination, and recognize the value and diversity of their distinct identities, cultures and social organization. 1993 Vienna Declaration on Human Rights and Programme of Action, 1993 Vienna Fit For Children, 2002 A World 1986 Declaration on the Right to Development: 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and 1992 Agenda 21, 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination 1981 Declaration on the Elimination of All Forms ● ● ● ● ● The following international standards and commitments offer important international The following international standards and commitments indigenous children. guidelines for the realization of the rights of ● to the rights of indigenous children of indigenous to the rights see Box 6. Box 4: International instruments with particular relevance with particular instruments Box 4: International articles on the rights of children to protection and assistance without discrimination, articles on the rights of children to protection tolerance and friendship among the right to education that promotes understanding, right to take part in cultural life, together all racial, ethnic or religious groups, and the with the responsibility of States Parties to conserve, develop and diffuse culture. Countries: others, articles on the right to protection from discrimination as well as the right to right to protection from discrimination as well others, articles on the political one’s all peoples. These include the right to determine self-determination for of persons social and cultural development, and the right status and economic, own culture, or linguistic minorities to enjoy their belonging to ethnic, religious (The Human own religion and use their own language. profess and practice their by this emphasized that indigenous peoples are covered Rights Committee has population.) article, even though they may not be a ‘minority’ Article 2 which calls upon States Parties to take – in social, economic, cultural and States Parties to take – in social, economic, Article 2 which calls upon of to ensure the adequate development and protection other fields – measures the full and individuals belonging to them and thus ensure certain racial groups or to guarantee human rights. Article 5 calls upon State Parties equal enjoyment of their to everyone, social and their civil rights and their economic, without distinction, . 1966 International Covenant on Economic, Social and Cultural Rights: 1966 International Covenant on Economic, Social Peoples in Independent and Tribal 1989 ILO Convention (No. 169) concerning Indigenous 1966 International Covenant on Civil and Political Rights: 1966 International Covenant 1965 International Convention on the Elimination of All Forms of Racial Discrimination: on the Elimination of All Forms of Racial 1965 International Convention In addition, other articles in the CRC ● ● ● ● The following human rights instruments are legally binding for signatories. are legally binding human rights instruments The following Other articles The elements of Article 30 are also reflected in other Articles of the Convention. article 2 asserts the general princi- Notably, ple of non-discrimination “irrespective of or legal or his or her parent’s the child’s sex, language, reli- race, colour, guardian’s gion, political or other opinion, national, disability, ethnic or social origin, property, birth or other status.” The other general principles of the Convention are equally rel- evant, namely: the best interests of the child as a primary consideration in all actions concerning children (Article 3); the inher- ent right to life and the obligation of States Parties to ensure to the maximum extent possible the survival and development of the child (Article 6); and the right of a child who is capable of forming his or her own views to express these views freely in all matters affecting that child (Article 12). serving this environment and ensuring access to land may be interpreted as a nec- essary prerequisite for the realization of the her own cul- right to “enjoy his or child’s ture, to profess and practice his or her own religion”. contain specific references to indigenous children and reflect the importance of pro- tecting and promoting cultural diversity. Article 17 on the right to information emphasizes the importance of support for It recognizes the critical linguistic diversity. function performed by the mass media and requires States Parties to ensure that the child has access to information and materi-

Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

4 Main issues Main Main issues ronment of indigenous communities, this provision recognizes “the responsibilities, Box 6: The International Labour Organization Convention (No. 169) rights and duties” of the members of the concerning Indigenous and Tribal Peoples in Independent Countries extended family or community to provide ILO Convention No. 169, adopted in 1989 and ratified by 17 countries (none, however, “appropriate direction and guidance” in the from Africa or Asia), is to date the only legally binding instrument of international law to exercise by the child of his or her rights, deal exclusively with the rights of indigenous peoples. The Convention builds upon the where this is “provided for by local custom”. Indigenous and Tribal Populations Convention (No. 107), adopted in 1957, which was the Again, while this article refers to the rights first attempt to codify indigenous peoples’ rights in international law. Convention No. 107 of the individual child, it clearly acknowl- covered a range of issues such as land rights, working conditions, health and education. edges the important role played by the Convention No. 169 promotes respect for the cultures, ways of life, traditions and group into which the child was born in pro- customary laws of the indigenous and tribal peoples who are covered by it. It recognizes tecting and promoting these rights. their existence as elements of their national societies with their own identity, structures As noted, all provisions of the CRC and traditions. It acknowledges that these peoples have the right to take part in the decision-making process as it affects them and that their contribution will be a valuable apply to indigenous children and the spe- one in the country in which they live.11 Significantly, this Convention specifically cific significance of many of these is dis- acknowledges the importance of land for indigenous peoples and recognizes their right to cussed in the sections that follow. Other participate in the use, management and conservation of natural resources. international instruments and agreements The Convention has two explicit provisions on children. Both of these deal with relevant to the rights of indigenous chil- education and language as key elements in the development of a multicultural society. dren are listed in Boxes 4 and 5. One of the Article 28 states that indigenous children shall, wherever practicable, be taught to read most significant of these, the International and write in their own language or in the language most commonly used by the group Labour Organization (ILO) Convention to which they belong. It goes on to require that “adequate measures” be taken to (No. 169) concerning Indigenous and ensure that indigenous peoples also have the opportunity to attain fluency in the Tribal Peoples in Independent Countries, is or in one of the official languages of the country, while at the same discussed more fully in Box 6. time preserving and promoting the development and practice of their own language. Article 29 also relates to the potential of education to promote : “The imparting of general knowledge and skills that will help children belonging to the peoples concerned to participate fully and on an equal footing in their own community UN system-wide action and in the national community shall be an aim of education for these peoples.” to safeguard indigenous Various other ILO instruments are relevant to indigenous and tribal peoples, peoples’ rights including the Forced Labour Convention, 1930 (No. 29); the Discrimination (Employment and Occupation) Convention, 1958 (No. 111); the Minimum Age In recent years the UN has given significant Convention, 1973 (No. 138); the Worst Forms of Child Labour Convention, 1999 (No. attention to the protection of the human 182); and the Declaration on Fundamental Principles and Rights at Work, 1998. rights of indigenous peoples. Its first formal

Box 7: The draft United Nations declaration on the rights of indigenous peoples The Working Group on Indigenous Populations completed its draft declaration in 1993 and, in 1995, the Commission on Human Rights set up its own working group to review this draft. More than 100 indigenous organizations from around the world participate in this process. The draft declaration consists of 45 articles, related to: ● rights to self-determination, participation in the life of the State, nationality and freedom from discrimination; ● threats to the survival of indigenous peoples as distinct peoples; ● the spiritual, linguistic and cultural identity of indigenous peoples; ● education, information and labour rights; ● participatory rights, development and other economic and social rights; ● right to land and resources; ● autonomy and indigenous institutions; and ● the effective implementation of the Declaration and general concluding provisions.12

Among the provisions of the draft declaration, there are a number that deal specifically with the rights of indigenous children: Article 6: Indigenous peoples have the collective right … to full guarantees against … any … act of violence, including the removal of

indigenous children from their families or communities under any pretext. Innocenti Digest 11 – Article 11: States … shall not … recruit indigenous children into the armed forces under any circumstances. Article 14: Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures. Article 15: Indigenous children have the right to all levels and forms of education of the State. All indigenous peoples also have … the

right to establish and control their educational systems and institutions providing education in their own languages, in a manner Ensuring the Rights of Indigenous Children appropriate to their cultural methods of teaching and learning. Indigenous children living outside their communities have the right to be provided access to education in their own culture and language. Article 22: Indigenous peoples have the right to special measures for the immediate, effective and continuing improvement of their economic and social conditions … . Particular attention shall be paid to the rights and special needs of indigenous … children … . The lengthy process of drafting this declaration testifies to the complexity and diversity of indigenous peoples’ situations around the world, which must be reflected in the draft’s provisions. In addition, there are practical implications of certain articles that need to be taken into account. For example, the right of indigenous children living outside their communities to be provided access to education in their own language and culture (Article 15) may present challenges for its implementation, including the level of resources required for its enforcement. 5 Rights 16 and cannot be The nature of 15 17 sui generis Individual and collective Individual rights forth in as generally set Individual rights, for human the CRC, are rights recognized capacity – for beings in their individual inherent right to life or example, the child’s In contrast, many to freedom of expression. in the draft declara- of the articles proposed indigenous peoples tion on the rights of rights – the imply recognition of collective peoples” or “indige- rights of “indigenous these rights may be nous children.” Some of on the basis of their exercised by individuals that benefits membership in a collectivity as the right to live in from these rights, such Others are freedom, peace and security. maintain the whole intended to protect and group, which implies that this group has a distinct quality reduced to its constituent members. these collective rights corresponds closely to the indigenous world-view in that they reflect and promote the indivisibility of the This perspective is a particular community. strength and a special resource of indige- the Forum recommended that UN bodies address such as these may refer, for example, to the such as these may refer, culture, cultural her- protection of a group’s itage, language and religion. The 14 13 the Forum recommended the creation of academic institutions to train Permanent Forum on Indigenous Issues, May 2003 Permanent Forum on Indigenous Issues, the Forum recommended that governments introduce indigenous languages in the Forum urged relevant UN bodies to incorporate indigenous healers and Box 8: Recommendations from the Second Session of the Box 8: Recommendations from the In May 2002, at its first session, the at its first session, In May 2002, Commission on In 2001, the UN prepares and disseminates information prepares and issues. on indigenous indigenous leaders and urged universities to develop curricula on indigenous peoples. It also recommended that States reduce illiteracy rates, truancy and drop-out rates, and promote primary In addition, the history education for indigenous people. and culture of indigenous peoples should be fostered in education systems to strengthen their identity. Culture: public administration in indigenous territories and that governments and UN bodies support indigenous media and promote the engagement of indigenous youth in indigenous programmes. cultural perspectives on health and illness into their policies, and to undertake regional consultations with indigenous peoples on those issues. It also urged States to expand their national health systems to provide holistic health programmes for indigenous children. It recommended that States address malnutrition in indigenous children by adopting special measures to ensure and protect the cultivation of traditional food Health Organization undertake a study crops. The Forum also requested that the World on the prevalence and causes of suicide among indigenous youth. Education: issues related to the trafficking and sexual exploitation of indigenous girls and urged issues related to the trafficking and sexual exploitation In view of the significant States to develop effective rehabilitation programmes. worldwide, it was recommended that movement of indigenous youth to urban areas Bank, ILO and UNICEF carry out an in-depth study of legal frameworks and the World social programmes for indigenous youth in selected countries in order to assess key problems and formulate policies and strategies. The Forum further recommended that governments and UN bodies prepare specific policies and implement programmes for indigenous children and youth to promote their human rights; strengthen, recover and conservereaffirm their traditional their languages; promote their culture and education; knowledge; and contribute to their self-esteem. It also recommended that governments be urged to ensure greater protection and humane treatment for incarcerated indigenous children and youth, and take steps to ensure their reintegration. Health: The Permanent Forum made recommendations in a number of areas, including: The Permanent Forum made recommendations indigenous children and youth: ● Permanent Forum designated indigenous Permanent pri- youth as one of its major children and years and decid- orities for the next several special theme for ed that this should be the a high-level the 2003 session. Following on this theme, the panel and discussion of recommenda- Forum adopted a variety UN system, other tions addressed to the govern- intergovernmental organizations, constituting a plan ments and civil society Box 8). of action in this area (see to appoint, for a Human Rights decided Special Rapporteur period of three years, a rights and funda- on the situation of human mental freedoms of indigenous people. The Special Rapporteur is requested to gather and exchange information and communica- tions on indigenous issues and formulate recommendations and proposals on mea- sures and activities to prevent and remedy violations of indigenous peoples’ human rights and fundamental freedoms. Special Rapporteur has been requested to give particular attention to the situation of indigenous children. The International Decade of the World’s 1993 was declared International Year of 1993 was declared International Year In 1985, the Working Group began In 1985, the Working national standards concerning indige- national standards concerning nous rights. promotion and protection of human promotion and protection freedoms of rights and fundamental indigenous peoples; raises awareness and promotes the inte- gration and coordination of activities relating to indigenous issues within the UN system; and provides expert advice and recommen- dations on indigenous issues to the UN Economic and Social Council, as well as to UN programmes, funds and agencies; orld Conference on Human Rights, held to review developments pertaining to the to review developments to give attention to the evolution of inter- to give attention to the ● ● ● ● work on this issue began in 1982 with the issue began in 1982 work on this Group on of the Working establishment of Populations in the context Indigenous and on the Promotion the Sub-Commission Working Human Rights. The Protection of forum for indige- Group provides an open has a twofold man- nous participation and date: Indigenous People (1995-2004) has the main objective of strengthening interna- tional cooperation for the solution of prob- lems faced by indigenous peoples in such areas as human rights, the environment, development, education and health. Among its achievements was the establish- ment of the Permanent Forum on Indigenous Issues in 2000. The Forum is comprised of 16 independent experts, eight of whom are nominated by governments and eight are appointed following formal consultations with governments on the basis of the views and opinions of indige- nous organizations. The Forum is mandated to discuss indigenous issues relating to eco- nomic and social development, culture, the environment, education, health and human rights. It also: the World’s Indigenous People, affirming the World’s the commitment of the international com- munity to ensuring indigenous peoples’ enjoyment of all human rights and to respecting the value and diversity of their the cultures and identities. In the same year, W recommended that the UN in Vienna, General Assembly proclaim an internation- al decade of indigenous people and, in addition, suggested the establishment of a permanent forum for indigenous people. preparing a draft declaration on the rights of indigenous peoples (see Box 7). Progress to date has been slow but, if and when adopted, the declaration will be the most comprehensive statement on the rights of indigenous peoples developed to date.

Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

6 Main issues Main Main issues nous peoples, and one that is increasingly realization of the rights of, for example, ishments for antisocial behaviour – contra- acknowledged. The draft declaration elabo- each indigenous child is central to indige- vene the rights of the individual and there- rates collective rights to a degree unprece- nous peoples and their cultures, both in the fore cannot be legitimized as a right by the dented in international human rights law.18 present and for the future. On the other community. It is an operative principle As human rights, individual and collec- hand, group claims that seek to maintain under international law that the individual tive rights are not only compatible, but may traditional acts otherwise deemed prejudi- should receive the highest level of protec- also be mutually reinforcing. The safeguard cial to the child’s dignity, health or develop- tion and, in the case of children, “the best of the rights and well-being of any group ment – this would be the case, for instance, interests of the child” (CRC Article 3) can- lays the foundation for the realization of the with female genital mutilation, non-consen- not be neglected or violated to safeguard rights of its individual members. In turn, the sual marriage or inhuman or degrading pun- the best interests of the group. ▼ THE WORLD’S INDIGENOUS PEOPLES

To whom are we referring when we discuss ization, dispossession, exclusion or dis- countries of the world, notably Bolivia, the rights of indigenous children? In part, crimination, whether or not these condi- and Guatemala, indigenous peo- the sheer geographical and cultural diversi- tions persist. ples represent majority populations. In ty of indigenous peoples makes any defini- These principles are presented here as a addition, indigenous claims often revolve tion difficult. Some three quarters of the framework for reference rather than neces- around the maintenance of a separate cul- world’s 6,000 languages are spoken by sary requirements. In Africa, for instance, it ture, linked to a specific territory, while indigenous peoples.19 Moreover, the history cannot be established that the Maasai, ethnic minorities often emphasize political of many indigenous peoples has been Pygmies or San - indigenous peoples recog- rather than cultural autonomy.22 marked by efforts to negate or erase their nized as having distinct social, economic identities. This experience has been both and cultural features - have inhabited their traumatic and painful for indigenous com- lands long before other populations.20 Numbers around the world munities with the result that many are justi- As regards indigenous children, the Figures vary according to definitions fiably sensitive to any definitions or state- principle of self-identification means that employed, but according to UN estimates, ments in this regard. It is indicative of the an indigenous child is not only one raised there are some 300 million indigenous peo- sensitivity of this issue that the draft United by an indigenous parent, parents or com- ple in more than 70 countries worldwide.23 Nations declaration on the rights of indige- munity, but also a child who identifies him Approximately half of these live in Asia. In nous peoples does not offer, either in its – or herself as indigenous. It is, moreover, all, there may be some 70 million indigenous preamble or in its articles, a definition of important to understand that indigenous people in East Asia, 50 million in South Asia, ‘indigenous peoples’. cultures may have diverse conceptions of and 30 million in South-East Asia.24 Many On the other hand, consistent and accu- what constitutes the child, childhood and Asian governments argue that because the rate data on indigenous children are often passage to adulthood (such as the ‘age set’ majority of their populations have long unavailable, contributing to the invisibility system of the Maasai in East Africa21) and, resided in their territory, unlike the majority and marginalization of this group. in addition, may view the distinction populations in Australasia and the Americas, Monitoring and promoting the rights of between parents, family and community in it is inappropriate to employ the term these children demands up-to-date and dis- a different manner. For example, the pream- ‘indigenous’ in these cases. At the same time, aggregated data on their living conditions, ble to the draft declaration on the rights of indigenous status is increasingly claimed by health status, access to school, learning indigenous peoples recognizes “the right of and recognized with regard to politically achievement and the degree of protection indigenous families and communities to marginalized, territorially based ethnic they enjoy against neglect, abuse, violence retain shared responsibility for the upbring- groups who are culturally distinct from the and exploitation. This, in turn, requires a ing, training, education and well-being of majority populations of the states in which set of criteria for identifying indigenous their children”, an approach similar to that they live. Based upon this interpretation, peoples. One such set was established in adopted in article 5 of the CRC. The indigenous peoples in Asia include all or Innocenti Digest 11 – 1995 by the Working Group on Indigenous extended family and kinship networks, most of the officially designated “Aboriginal Populations and identifies: which sometimes also include ancestors, are ” (Taiwan), “Aborigines” (Malaysia), ● priority in time with respect to the occu- key elements in traditional indigenous soci- “hill tribes” (Thailand), “indigenous cultural pation and use of a specific territory; eties. For the child, the extended family communities” (the Philippines), “isolated and Ensuring the Rights of Indigenous Children ● the voluntary perpetuation of cultural provides a stable environment in which she alien peoples” (Indonesia), “minority - distinctiveness, which may include or he is cared for and educated. For the alities” (China) and “scheduled tribes” aspects of language, social organization, community, the family is an important set- (India).25 religion and spiritual values, modes of ting in which identity is preserved and After Asia, Latin America is the region of production, laws and institutions; social life reproduced. the world with the largest indigenous popu- ● self-identification as well as recognition Although there are certain common ele- lation.26 One estimate puts this number at 32 by other groups or by State authorities ments in their respective experiences, million 13 million in Mexico and Central as a distinct collectivity; and indigenous peoples are distinct from ethnic America, 1 million in the Amazonian region ● an experience of subjugation, marginal- minorities. Numerically speaking, in certain of South America and almost 18 million in 7 38 36 In New Zealand, over 37 Beyond statistical implica- Beyond statistical 35 In cases where land rights are denied – tion, the Quechua in South America are in South America tion, the Quechua countries numbers in six found in significant Africa extend across of West and the Fulani eight countries. are closely related to access to and use of their land and to the quality of the environ- ment in which they live. through, for example, dispossession and forced removal – economic marginalization and loss of cultural reference points can have a devastating impact on indigenous communities and children are among the first to feel the effects. Agricultural pro- grammes (including the cultivation of ille- gal crops), oil exploration, forestry and log- ging activities, mining (including diamond mining), tourism and construction pro- grammes for roads, dams and other devel- opments, pose serious threats to indigenous peoples’ survival and development. These pressures cause displacement from tradi- tional areas, introduce pollution into ecosystems and threaten the cultural diver- sity upon which indigenous communities In Northern Quebec, for example, rely. most of the marine mammals consumed by As regards children, perhaps the most notable demographic observation is that indigenous peoples frequently demonstrate a significantly higher birth rate than national populations as a whole, with the result that indigenous populations are gen- erally younger and children make up a larg- er proportion of this population. In fertility rate for the peri- the total Ecuador, od 1994-1999 was 3.3 children per woman, but in the predominantly indigenous areas of the high sierra, women had, on average, 5.6 children each. tions, this raises important questions as raises important questions tions, this mobility, regards national jurisdiction, to land and sacred nationality and access Sweden, Norway, sites. For example, while distinctiveness and Finland recognize Saami bodies of Saami and rights through elected people in Russia representatives, the Saami such mechanisms. do not benefit from are also National criteria for identification officially recognized significant – the San, in South Africa, are as indigenous people in Botswana. not recognized as such one third of the Maori and Pacific Islands populations is under 15 years of age. 33 34 RIGHTS ARE COMPROMISED S ’ population population Indigenous % of total 1990 (Latin America) able 1: Indigenous people T Often these manifestations of exclusion northern Scandinavia – in Finland, Norway northern Scandinavia – and Sweden. In percentage terms, there is a large vari- In percentage terms, there people as a per- Speaking of indigenous There are also estimated to be 1.5 mil- estimated to be 1.5 There are also ing processes and acquiring adequate representation at both national and local levels. BoliviaGuatemala 5 300 000Peru 4 900 000EcuadorMexico 4 100 000 66 9 300 000 71 12 000 000Brazil 600 000 43 47 14 000 300 2 0.2 as share of national populations, The right to life, survival and development The right to life, survival and development as laid down in Article 6 of the CRC is mul- tifaceted. It is also closely linked to other rights of the child – addressed in subse- quent sections – including the rights to education and the highest attainable stan- dard of health. Beyond the elements that survival and contribute to every child’s development, those of indigenous children are overlapping and interrelated. Box 9 highlights some of the concerns expressed by the Committee on the Rights of the Child regarding the ways in which the rights of indigenous peoples, and of chil- are compromised. dren in particular, ation in the proportion of indigenous peo- ation in the proportion 1 illus- Table ple in national populations. countries in trates this range in selected Latin America. centage of national populations can be mis- centage of national populations distribution of cer- leading in as much as the does not corre- tain indigenous peoples As an illustra- spond to national boundaries. lion indigenous Pacific peoples, while in Pacific peoples, lion indigenous 350,000 there are perhaps Australasia, Aborigines. Maoris and 300,000 Australian 28 One of 32 29 Mexico City, Mexico Mexico City, Other estimates put Other estimates 27 in addition to the Inuit peo- they live in the Russian north 30

31 Edith, Mazahua Indian, (aged 7) 39 HEN INDIGENOUS CHILDREN

economic exclusion, which prevents In North America (excluding Mexico), Africa offers a particularly complex situ- a particularly complex Africa offers indigenous people from enjoying full cit- izenship, participating in decision-mak- cultures are perceived as inferior and, in some cases, may be actively suppressed; indigenous communities benefiting from and participating in national economic development; and ▼ cultural exclusion, whereby indigenous political marginalization, which hinders The Inuit are also present in Russia, ● ● ● My name is Edith … The dress that I’m wearing is my community costume, the Mazahua dress. I like to dress like this but I have suffered discrimination when I’m wearing this costume. I also was discrimi- nated against by blonde people because my skin is a bit black.

the Andean region. the Andean W the indigenous population numbers some 1.5 million, ation for it is often asserted that all or is often asserted that ation for it cultural ethnic, linguistic or almost all Allowing for the groups are indigenous. associated with the recognized difficulty time’ in this region, criterion of ‘priority in distinctiveness, and on the basis of cultural to an extent, the self-identification and, it is reason- experience of marginalization, following peoples able to recognize the indigenous groups: the among Africa’s and North Africa nomadic peoples of West of East Africa (some 8 million); the nomads Pygmies in central (6 million); the Batwa or San and Basarwa Africa (250,000); and the in southern Africa (100,000).

Indigenous peoples often experience dis- crimination and this can lead to various forms of exclusion or marginalization, including: and far east, and Siberia, an area that covers more than half of the country. ples who inhabit areas of Alaska and Canada as well as Greenland. where there are some 45 different ethnic groups recognized as indigenous by the federal government. Numbering perhaps 1 million,

the number at 40 or 50 million at least. at 40 or 50 million at the number Ensuring the Rights of Indigenous Children Innocenti Digest 11 – 8

these groups – the Saami – are also found in Main issues Main Main issues the Inuit are have been found be contami- the only thing that’s truly mine, that I keep with me will be unable to vote or stand for election nated by industrial toxins. For example, in wherever I go, is my name.51 – a crucial issue for ensuring indigenous Nunavik prenatal exposure to lead, PCBs John Jairo, aged 14, indigenous boy representation at all levels.53 and mercury is much higher than in south- from the Colombian Amazon Frequently, indigenous parents are not ern Canada 40 (polychlorinated biphenyls, a aware of the importance of registering their persistent and potentially hazardous indus- Article 7 of the CRC requires that a child child, especially given that indigenous trial chemical). In the Pacific islands, indus- be registered immediately after birth. It communities often possess their own sys- trialized countries exploit land and waters also recognizes the child’s right to a name tems of celebrating birth and acknowledg- for nuclear testing and dumping of radioac- and to acquire a nationality. As regards ing parentage. Information on the reasons tive wastes. The resulting strain on the indigenous children, however, there are for and advantages of registration – for environment threatens the existence of significant challenges to the realization of example, to secure identity and the recog- indigenous cultures and communities in the this right. For example, in the Amazonian nition of a person before the law, to enable region.41 In , it is reported that pover- subregion, the registration of Brazilian access to basic social services and to pre- ty and deforestation (which has also meant Amazon children is as low as 45 per cent in vent human rights violations – is simply not the disappearance of plants and trees used certain states, while only 21 per cent of available or, when available, is not translat- for ) have contributed Ecuadorian Amazonian children under five ed into the relevant language. Single moth- to a life expectancy for Ogiek people of years of age have a birth certificate ers may fear stigmatization when register- only 46 years. Five out of ten Ogiek chil- (national registration rates in both coun- ing their child; the distance to registry 42 dren die before the age of five. tries are between 70 and 89 per cent).52 offices can be excessive; or the cost of reg- When a child’s birth goes unregistered, istering the birth or obtaining a birth cer- that child is less likely to enjoy his or her tificate can be a serious disincentive to The right indigenous families living in difficult eco- rights and to benefit from the protection nomic conditions. to birth registration, accorded by the state in which he or she For every child, a name and distinct to a name and nationality was born. Furthermore, the unregistered identity confirm the link to her or his fami- I feel that the name John Jairo is really mine, it child may go unnoticed when his or her ly, community and culture. Often non-reg- belongs to me, and I have the means to prove it … rights are violated. Later in life, he or she istration among indigenous peoples is the result of legislation that does not allow chil- dren to be registered with indigenous Box 9: Observations on the situation of indigenous children names. In Morocco, for example, the by the Committee on the Rights of the Child Amazigh people must register their child with a recognized Arabic name rather than Australia: While noting … a number of programmes to raise health standards for an Amazigh name.54 In Taiwan, the family Aboriginal and Torres Straight Islander children … the Committee is nonetheless organization of indigenous peoples, which concerned about the special problems still faced by Aboriginals and Torres Strait was once perfectly described by a tradition- Islanders … with regard to their enjoyment of the same standards of living and levels of services, particularly in education and health.43 al system of names, has completely disap- : Discriminatory attitudes towards … children belonging to tribal minorities peared as a result of official policies estab- 55 are … a matter of concern.44 lished by the government. : The Committee is deeply concerned about the poor situation of Batwa Additional challenges can arise when children and the lack of respect for almost all of their rights, including the rights to indigenous peoples live in a territory that health care, to education, to survival and development, to a culture and to be crosses national boundaries. In these cases, protected from discrimination.45 legal recognition of identity and citizenship : While noting the decrease in the infant and child mortality rates and the reform status can vary considerably from one state process that has been under way since the early 1990s, the Committee is nevertheless to another.56 concerned at the great disparities existing within these rates, in particular with regard to indigenous children … . The Committee also expresses concern at the difficult access to education, high drop-out and repetition rates which affect in particular indigenous The right to health children … .46 and health care Ecuador: The Committee is concerned about the absence of an adequate, systematic, comprehensive and disaggregated data collection mechanism for all areas covered by Indigenous children rarely enjoy the same Innocenti Digest 11 – the Convention, especially addressing the most vulnerable groups of children, including standard of health or have the same access … children belonging to indigenous groups … .47 to health care services as their non-indige- India: There is serious concern regarding the striking disparities in terms of access to nous peers. In income-rich and income- education, attendance at primary and secondary levels and drop-out rates between … poor countries alike, infant and child mor- children belonging to scheduled castes and tribes.48 tality rates are higher among indigenous Ensuring the Rights of Indigenous Children Japan: The Committee is concerned that the general principles of non-discrimination groups than national populations. In the (Art. 2), the best interests of the child (Art. 3) and respect for the views of the child Mekong subregion, hill tribes have the (Art. 12), are not being fully integrated into the legislative policies and programmes highest infant mortality rates, in turn relevant to children, in particular in relation to children from vulnerable categories such reflecting differences in income, nutrition 49 as those belonging to ... ethnic minorities, especially Ainu … . and access to health care.57 In Ratanakiri, Venezuela: The Committee welcomes the measures taken by the State party in the area the north-east province of Cambodia, on of birth registration … but it remains concerned at the large number of children the border with Laos PDR, the infant mor- without birth certificates … . Particular concern is expressed in this area with regard to tality rate is reported to be 187 per 1,000,58 the situation of children belonging to indigenous groups … .50 while the national rate in 1999 was 86 per 9 Girls are par- 74 73 and the methods and practices it entails, and the methods and or dismissed as are very often overlooked people’s superstitious when indigenous addressed by non- medical concerns are This situation indigenous health workers. personnel do is reinforced when medical health infor- not speak, or when important in, indigenous mation is not made available languages. In addition to the general costs associat- A pressing global concern for indige- A pressing global concern The right to education Under Article 28 of the CRC, States Parties recognize the right of every child to educa- tion, including free primary education. that in most Experience shows, however, countries indigenous children have low school enrolment rates and, if they do attend school, are less likely than their non- indigenous peers to have the support to perform well (see Box 10). ed with education that keep many children from marginalized groups out of school, specific factors that impact upon indige- schooling include a lack of nous children’s educational facilities in areas inhabited by indigenous peoples; a lack of qualified teachers (often because indigenous educa- tion is assigned a low priority and teachers’ salaries are inadequate); and, from the per- spective of indigenous communities, the nous peoples is the spread of HIV/AIDS. nous peoples is the spread the relative isolation While, in some cases, may offer some pro- of indigenous peoples youth can be tection, in others, indigenous This is not only particularly vulnerable. programs or because effective preventive provided for them, medical care may not be but also because of the instability and social stress that results when the traditional val- ues and structures of indigenous communi- ties are eroded and adequate support mech- anisms are not put in place. Frequently, information material on HIV/AIDS preven- tion is not made available in indigenous lan- guages or fails to take account of indige- nous traditions and cultural sensitivities. Due to this lack of information, and to the general scarcity of health infrastructure in indigenous areas, if HIV/AIDS enters indigenous communities its spread can be particularly rapid. ticularly vulnerable to missing out on schooling because of the multiple discrimi- nation they face. Illiteracy is a direct result of educational exclusion – in the H’mong Nam, one of the most community of Viet indigenous marginalized of the country’s groups, 83 per cent of males and 97 per cent of females are illiterate. 68 72 Even where 70 69 take just one example,

To 71 the same period 65 per cent of Cambodian the same period 65 per vaccinations. received polio one-year-olds Sometimes this limited uptake reflects The distribution of medical services The distribution of In Mexico, there are an estimated 79.3 hos- there are an estimated In Mexico, 100,000 and 96.3 doctors per pital beds in areas a national level, but people on constitute 40 per where indigenous people the propor- cent or more of the population, beds and 13.8 tion drops to 8.3 hospital doctors per 100,000. discriminatory practices and service struc- tures that promote distrust among indige- nous peoples and exclude children from services which are widely available to non- indigenous populations. Uptake may also be low because these services are perceived by indigenous communities to be cultural- ly inappropriate or insensitive as regards cultural practices and traditional methods of healing (including those involving indigenous knowledge about herbs, plants and other natural remedies). Indigenous peoples have a holistic vision of health, one intimately bound to the well-being of the community and the environment in which the community lives. Good health has not only physical, but also spiritual and communal dimensions. This perspective, tends to reflect, at least in part, the level of tends to reflect, at least According to a government investment. amount spent by recent report, the annual on indigenous the Brazilian government $7 per capita, as health care is just over average of $33 opposed to the per capita for the country as a whole. Of course, levels of service provision Maori and Pacific Island children are approximately 50 per cent more likely than New Zealand children classified as “European or other” to be hospitalized for asthma. One of the most widely accepted explanations for this difference is that Maori and Pacific Island children enjoy only limited uptake of effective asthma pre- vention and self-management strategies, including preventive medication. indigenous communities have access to health services, essential medicines may not be available if there is inadequate econom- ic support for indigenous health pro- grammes. can also be affected by distance and isola- tion. Physicians, equipment and medical services are generally concentrated in urban areas and are, therefore, difficult to reach for indigenous peoples who live in remote areas or where public transport is not acces- sible. Even in income-rich countries with extensive health services there are signifi- cant inequalities between indigenous popu- lations and wider society in terms of access to services. 61 while in 67 In some cases, 65 In New Zealand, 60 62 In Cambodia and Viet Nam, In Cambodia and Viet 64 63 is the main health problem Malaria is the 59 66 Health services – including vaccination Many factors contribute to these Similarly, maternal mortality rates Similarly, et Nam, access to maternal health care while in Australia the rate for indigenous while in Australia the three times higher infants is as much as the esti- Moreover, than the overall rate. at birth for mated life expectancy males Strait Islander Aboriginal and Torres less than that for and females is 19-20 years other Australians. 1,000. trends, including environmental condi- tions and the marginalization and poverty that indigenous peoples often experience. In Honduras, child malnutrition is widespread, but it is most extreme among indigenous groups – almost every Tolupan (the second-largest indigenous group in Honduras) child is considered to be mal- nourished. against easily preventable diseases – and information on health issues are often lack- ing in areas inhabited by indigenous peo- ples. In 1998 only 24 per cent of children below the age of two in the four north-east- ern provinces of Cambodia (those with the highest percentage of indigenous people) were immunized against polio, among indigenous peoples tend to be high- er than that of the general population. In Vi services ranges from 90 per cent in urban areas to as low as 20 per cent in remote areas of the Central Highland and Northern Uplands regions inhabited by indigenous peoples. The Northern Mountainous regions have a maternal mor- tality rate four times higher than that of the lowlands. in this province, but other preventable in this province, as tuberculosis, diarrhoeal problems such childhood malnutrition diseases, anaemia, are also respiratory infections and acute major health concerns.

less than half of indigenous households have access to safe water. orkers brought with them colds, flu and

Maori infant mortality rates are almost Maori infant mortality of other infants, twice as high as those isolated indigenous communities that experience rapid colonization of their ter- ritories can be particularly vulnerable to illnesses introduced by outsiders. The Yora people of south-east Peru, who live in vol- untary isolation in the remote rainforest and who may number no more than 500- 1,000, saw their land invaded in the 1980s for oil exploitation and logging activities. W other diseases which the isolated Indians had never encountered. In the ensuing epi- includ- demic, between 50 and 100 Yora, ing young children, are known to have died. Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

10 Main issues Main Main issues low relevance of the content of school ber of indigenous languages and only at munities at the age of 11 to stay in board- lessons (particularly when teachers are not pre-school level and in the first three grades ing houses in the capital, Paramaribo. Many indigenous themselves and learning materi- of primary schooling.80 Beyond the impact are unable to adjust and drop out. Also als are not available in indigenous lan- on the child’s education, the result of many parents are unable to bear the costs guages). monolingual education in the language of involved.83 The necessity to send children In rural areas where indigenous children the dominant culture is to contribute to the away from their communities to pursue participate in traditional agricultural activi- loss of indigenous languages. their schooling is a particular disincentive ties, difficulties can also arise in accommo- Even when there is the political will to to girls’ education. dating both the school and agricultural cal- promote bilingual education, in practice The quality of teaching materials and endars. A study team in Cambodia there can still be significant barriers to even of the physical structure of school observed during the period from November implementing this approach, including a buildings can add yet another disincentive 1999 to January 2000 that many schools shortage of qualified teachers and limited to remain in the education system. For had been temporarily abandoned, largely resources for the development of this form example, in the US, according to the 2001 due to agricultural demands.75 In addition, of teaching. In Viet Nam, the 1946 budget report, indigenous children may experience direct Constitution supports the instruction of many schools on Native American reserva- discrimination in schools. For example, indigenous and ethnic-minority children in tions were structurally unsound and/or of they may not be allowed to follow their their mother tongue and this possibility is insufficient size to accommodate the stu- cultural practices or wear traditional cos- specifically addressed in the country's edu- dent population.84 tumes or hairstyles and, in some cases, they cation law. Many of the factors that discourage may face harassment from other children Unfortunately, current bilingual educa- indigenous children in school also con- and even from staff. tion efforts are hampered as a result of tribute to a lack of qualified indigenous One of the key factors leading to the national education policies that mandate teachers who potentially can bridge the gap exclusion of indigenous children from the use of Vietnamese as the language of between indigenous cultures and the state’s school, or in hampering their scholastic instruction, while local languages are education structures. Additionally, non- indigenous teachers can be reluctant to Box 10: The right to education: San communities in Namibia76 move to areas inhabited by indigenous peo- ples. Across the Mekong subregion, it is In educational terms, Namibia has reached the target set in the First National very difficult to recruit and retain qualified Development Plan, with a net enrolment figure of almost 95 per cent among the teachers in remote, highland areas where country’s 7-to 13-year-olds – but only 30 per cent of Namibia’s indigenous San children go to school. Since there are virtually no teachers who speak a San language (the San, most of the indigenous hill tribes live. As in in fact, comprise a number of linguistically and culturally diverse communities), on almost all such remote areas, absenteeism is entering school San children must contend with a foreign language of instruction and, a concern, turnover is high and salaries are as a consequence, constitute the most educationally underprivileged group in the low. In Viet Nam, 40 to 50 per cent of pri- country. Nationwide, 92 per cent of children who enroll in school reach Grade 5, but mary school teachers in highland areas are for San children the figure is 45 per cent. The drop-out rate increases in higher grades, not fully trained. In Laos, few academically with 56 per cent of children reaching Grade Eight nationwide, but only 10 per cent of qualified teachers and certified teachers are San children getting this far. One reason for this disparity is the incompatibility of found in remote areas, teaching indigenous teaching methods: in hunter-gatherer societies such as that of the San, problem-solving children.85 is based more on a continual process that favours the cohesion of groups and teamwork rather than the acquisition of accumulated knowledge promoted in formal learning. This approach shares much common ground with the model of inclusive learning now promoted by UNESCO and UNICEF.77 The rights to protection from abuse, violence progress, is that curricula and teaching taught only as subjects in school curricula. and exploitation methods are often culturally inappropriate, The lack of a true bilingual education pro- Violence against the child, child abuse and or the language of instruction is unknown gramme means that most children who do exploitation contribute to, and are evidence to the indigenous child. Research indicates not speak the language of the Kinh majori- of, the severe social strain under which that it normally takes non-native speakers ty experience extreme difficulty during the many indigenous communities live. This until the third grade before they can begin first years of school.81 strain is often a direct consequence of envi- to truly understand what they are being The cumulative effect of the obstacles ronmental degradation, displacement, the Innocenti Digest 11 – taught on a relatively equal basis with their faced by indigenous children in their edu- loss of traditional livelihoods and, in some native-speaking peers.78 The issue here is cational career tends to become more evi- cases, active attempts by authorities to not only the practicalities of learning, but dent higher up the education system – 65.5 homogenize and assimilate indigenous cul- also the cultural alienation that monolin- per cent of Native people in the United tures. In such conditions, the extended net- gual education can provoke. In this regard States graduate from high school, com- works that could normally intervene in Ensuring the Rights of Indigenous Children the Committee on the Rights of the Child pared with 75.2 per cent for the US popu- favour of the child may no longer exist or has expressed particular concern about lation as a whole, and only 9.3 per cent of may promote the community’s rather than access to education for children belonging Native students graduate from college as the child’s interests. to indigenous groups in Mexico and the opposed to a national average of 20.3 per All communities are sensitive to issues low relevance of the current bilingual edu- cent.82 In Suriname, while indigenous chil- such as child abuse, domestic violence and cational programmes available to them.79 It dren have access to local primary schools, family breakdown, but certain indigenous has also noted that, in Guatemala, bilingual in order to benefit from secondary educa- communities which have experienced in education is offered only in a limited num- tion they must leave their families and com- the past the systematic removal of their 11 92 Authorities may fail to take adequate mea- in sures to prevent this treatment and may, certain cases, support or participate in this the Committee on violence. In Ecuador, Human Rights for the Shushufindi canton reports that children are afraid to go to school due to fear of soldiers and heavily armed police who guard local oilfields and who have been reported to have opened fire on local people who have approached the installation. Children are not the only 97 oung girls from hill tribes and indige- 98 Y ), between 200,000 and 225,000 99 As regards trafficking, the strong com- The clandestine nature of child traffick- 100 munity and family bonds that characterize traditional indigenous communities are important in defending children from this these bonds are practice. Where, however, eroded by lack of effective official protec- tion and economic marginalization, indige- nous women and children may be particu- larly at risk, especially those in remote rural areas or close to national boundaries. For this reason, the 2003 session of the Permanent Forum on Indigenous Issues adopted an explicit recommendation call- ing on the UN bodies to address this issue (Box 7). ing makes it hard to obtain statistical infor- mation, including the ethnic origin of traf- ficked children. Nonetheless, it is likely that significant numbers of children from indigenous groups are involved. One esti- mate suggests that in South-East Asia alone (home to some 30 million indigenous peo- ple women and children are trafficked annual- ly. nous rural communities in Taiwan, China and Northern Thailand, Myanmar, other countries in the Mekong Delta are ones to suffer the effects of violence. In Bangladesh, there are reports of human rights violations by security forces present including in the Chittagong Hill Tracts, reports of arbitrary arrests, detentions and ill treatment of the tribal peoples who live there. 94 (See Box 95 yet Article 40 of 96 93 Box 11: Incarceration of indigenous women in Australia of indigenous women Box 11: Incarceration The Report found that indigenous women are currently incarcerated at a higher rate at a higher indigenous women are currently incarcerated The Report found that ales, for example, indigenous women represented 30 per cent of the total female women represented 30 per cent of the ales, for example, indigenous This situation is by no means restricted The Social Justice Report 2002, produced by the Aboriginal and Torres Strait Islander and Torres by the Aboriginal Report 2002, produced The Social Justice of of incarceration to the high rate draws attention Commissioner, Social Justice of this The implications correctional system. women within the Australian indigenous from the be serious. The removal of indigenous women trend for children can and homelessness. exposes children to neglect, abuse, hunger community potentially June 2002 in Australia, including indigenous men. For the than any other group the non- were over-represented at almost 20 times indigenous women quarter, men. In New South to 15 times the non-indigenous rate for indigenous rate, compared W per cent of the in October 2002 despite constituting only 2 population in custody the context of very state. This over-representation occurs in female population of the health, over-policing for selected offences, ill high levels of family violence, unemployment and poverty. Moreover, indigenous people may be Moreover, unaware of their entitlements and rights At the same time, dis- under national law. crimination may mean that indigenous young people are more likely to be stopped by the police than their non-indigenous peers and more likely to be incarcerated, often in detention facilities far from their communities. In this regard, the Committee on the Rights of the Child has expressed concern about the unjustified, disproportionately high percentage of Aboriginal children in the Australian juve- nile justice system and that their applica- tions for bail are often refused. grammes that focus on preventing juvenile providing intervention ser- delinquency, vices and imposing appropriate sanctions. and justice law enforcement Moreover, personnel in American Indian communities are said to receive insufficient and inade- quate training. to the US. Generally, indigenous peoples to the US. Generally, do not have easy access to justice and effective remedies, and in some countries they may be denied access altogether. Harassment of and violence against the CRC establishes the right of a child accused of having infringed the law to have the free assistance of an interpreter if the child cannot understand or speak the lan- guage used. indigenous peoples in remote areas trauma- tizes communities and even threatens their survival. In the Amazonian subregion, groups intent on exploiting natural resources harass indigenous communities, whom they regard as an obstacle to the realization of their commercial interests. 11 on the incarceration rate of indigenous women in Australia.) The Committee has also noted that in Guatemala legal assis- tance for children is not mandatory and that the presence of an interpreter for indigenous children who have been detained is not required, 91 A similar pat- 90 87 89 In 1997, two per cent of all juve- oday, while this policy no longer while this policy oday, T 88 86 Protection under the law and access to Similarly, suicide rates among indige- Similarly, Another symptom of social and cultural effective legal remedies do not always extend to indigenous communities. It is reported that in the US, many of the 1.4 million American Indians living on or near Indian Lands lack access to basic law enforcement services. Juvenile justice sys- tems in tribal communities are severely underfunded and lack comprehensive pro- nous peoples can be significantly higher than national averages. The reasons are complex and varied, but they are often associated with the trauma of social break- down, low self-esteem and depression cultural derived from lack of opportunity, discrimination, inadequate social support, loss of land or difficulty integrating in the dominant culture. The Guarani of Brazil, who once numbered 1.5 million and origi- nally occupied some 135,000 square miles of forests and plains in four South American countries, now number around 30,000. They also have an extremely high suicide rate. Between 1985 and 2000, over 300 Guarani – mostly children and young adults – killed themselves. stress is the prevalence of alcohol and sub- stance abuse among certain indigenous adults – with direct and harmful implica- tions for their children – and among indigenous young people themselves. Solvent abuse, including petrol sniffing, is reportedly common among young Innu in Canada.

operates, the ongoing removal of indige- operates, the ongoing families by social nous children from their lack of support services testifies to the and families. In available to communities the rate of 2001-2002, across Australia, out-of-home care indigenous children in the rate for other was over six times Australian children. niles arrested in the US for public drunk- enness and driving under the influence of alcohol were American Indian, close to double their representation in the general population.

tern can be seen among Australian Aborigines, New Zealand Maoris and the Innu in Canada. The Inuit of Greenland reportedly have the highest rate of suicide in the world: it is the leading non-natural cause of death among this population. Ensuring the Rights of Indigenous Children Innocenti Digest 11 – 12 Main issues Main

guage.

attempt to eradicate their culture and lan- attempt to eradicate their

with families of European heritage in an with families of European

ents and place them in mission schools or ents and place them in

remove Aboriginal children from their par- remove Aboriginal children

1910 to 1970 was marked by a policy to 1910 to 1970 was marked

Australia, for example, the period from Australia, for example, children may be particularly so. In children may be particularly Main issues

include the Maya and Meskito of Central Box 12: Indigenous children’s work in Guatemala America, the H’mong in South-East Asia, A joint report prepared by ILO, UNICEF and the World Bank offers an insight into the East Timorese, the Embera and children’s work among indigenous communities in Guatemala.106 This report puts the Huaorani in South America, and the Twa indigenous population at 43 per cent of the total population (compare to Table 1), but in East Africa.108 estimates that indigenous people account for less than a quarter of total income and According to research undertaken for consumption. According to the report, the work prevalence of indigenous children is Group, a non-governmen- almost twice that of non-indigenous children. Boys are particularly involved in the tal organization (NGO), the experience of production of firecrackers, an extremely hazardous occupation. Other hazardous sectors minority and indigenous children in con- are agricultural work, mining and quarrying, garbage picking and domestic service in flicts in Bangladesh, Somalia and private homes. One quarter of all female domestic servants, and almost all very young Guatemala (see Box 13) has included phys- ones, are indigenous. These girls typically come from poor rural families and are sent to ical injury and death; torture and rape; the town by their parents as a survival strategy. Work incidence among indigenous children witnessing of atrocities; separation from was found to be much higher than among non-indigenous children. Even controlling for income and access to facilities, the report found that indigenous children are nine parents and community; lost access to percentage points more likely to work and eight percentage points less likely to attend health care, education and housing; evic- school full time than non-indigenous counterparts. Poverty appears, hence, not to be tion and forced displacement; the destruc- the only determinant of child labour in indigenous communities. The availability and tion of villages, crops and wells; and accessibility of schools is significant and cultural factors may also play an important role, neglect during humanitarian relief and including a view that work is dignifying for the child and contributes to the well-being reconstruction programmes.109 It has been of the family. reported that the Batwa in the Democratic Republic of Congo and Rwanda have been thought to be especially at risk.101 An IPEC similary excluded from emergency relief.110 trafficking project in South-East Asia indi- The impact of armed In addition, indigenous children may be cated that in Northern Thailand, in partic- conflict and civil unrest forcibly recruited into armed groups, either ular, girls and women from ethnic minori- on indigenous children to fight or to provide support, and indige- nous girls are at risk of being forced to pro- ties have been identified as a target group The vulnerability of indigenous children for traffickers aimed at commercial sexual vide sex to soldiers. may be particularly apparent in times of Violence against indigenous peoples is exploitation and domestic work.102 conflict and civil unrest, during which The marginalization and poverty faced also associated with resource exploitation violence may be specifically targeted and illegal drug cultivation and traffick- by indigenous families and communities 107 against them. Often indigenous com- ing. Indigenous communities in Colombia also puts indigenous children at particular munities become caught up in conflict report being victims of displacement and risk of becoming involved in the worst because they occupy land with valuable forced recruitment into armed groups, 103 forms of child labour (see Box 12), natural resources, because their remote their children have been seriously injured including wage labour in plantations in territories offer a base from which armed or killed by mines, and their plantations South America, debt bondage, which groups can operate and where the state is have been exploited for illegal drug pro- affects scheduled tribes in India and, espe- all but absent, or because they live on and duction. Both their health and agricultur- cially for girls, domestic service. In Bolivia, around contested frontiers. Peoples who al livelihood have been compromised by the old practice of criadito service for have suffered violence and conflict aerial spraying of these illegal crops.111 indigenous children, usually between 10 and 12 years of age, persists in some parts Criaditos of the country. are indentured by 112 their parents to wealthy families in order Box 13: The Impact of war on Maya children to perform household work in exchange According to Minority Rights Group, in the course of the civil war that devastated for clothing, shelter and education. These Guatemala from 1960 to 1996, some 250,000 Maya children are thought to have children are at particular risk since there been orphaned, and many witnessed the violent death of one or both parents. are no controls over the treatment they Maya children were regarded by the Guatemalan military as potential receive.104 revolutionaries and rape was used as an instrument of terror against Maya girls. There are few disaggregated data on Maya boys were forced to serve as members of the state-sponsored “civil patrols” and had to patrol their own communities and participate in army offensives against the situation of children in indigenous their own people. Children were also recruited into the ranks of the revolutionary Innocenti Digest 11 – communities in general. It is even harder guerrillas and some are known to have been killed in combat. Children from to come by information on the extent to indigenous communities, like other children who have been involved in conflict, which poverty and marginalization forces may need psychosocial support and rehabilitation, but indigenous children may not indigenous children into sexual exploita- receive the kind of culturally sensitive approach to recovery that they require. tion. All the same, reports from around the It is also estimated that during the Guatemalan civil war, 1 million Maya were Ensuring the Rights of Indigenous Children world point to this risk. In Guatemala, a displaced. Of these, more than 180,000 fled north into Mexico. Others hid in the survey by children’s rights organizations forests and mountains of northern Guatemala, while an estimated 500,000 left their revealed an alarming growth in the com- villages for the relative safety of urban settlements. Urban slums – often without clean drinking water, electricity or adequate sewerage – swelled around Guatemala mercial sexual exploitation of children in City. Hundreds of people live in and off the city’s rubbish dumps. The loss of the provinces of Escuintla, San Marcis, community networks and traditions has had a dramatic impact on the cultural Huehuetenango and Alta Verapaz. One of identity of Maya children, many of whom now live on the streets of Guatemala’s the most striking findings was the high capital. involvement of indigenous children.105 13 Mesas – was 114 115 and childcare. Using this approach, it has and childcare. Using this formal health been possible to introduce respect indigenous services in ways that practices, beliefs and rhythms. In this regard, ILO Convention No. 169 In this regard, ILO Convention that health care systems give preference to the training and employment of com- that governments ensure that an ade- quate health service is made available or provide indigenous peoples with the resources to allow them to design and deliver such services under their own responsibility and control; that health services are, to the extent possible, community-based and take into account traditional preventive care, heal- ing practices and medicines; ). In Bolivia, the decentralization process ● ● ● is an important reference since it establish- is an important reference for assuring es a human rights framework health care adequate, culturally appropriate and their communi- for indigenous children identified ties. The principal requirements in the Convention are: 116 . We Ecuador cederrón Quechua children, aged 10 to 12, Quechua children, aged Box 14: The PROANDES Programme for indigenous children Box 14: The PROANDES Programme The experience of PROANDES has demonstrated the importance of winning both all children enjoy a good start in life and all women enjoy a safe motherhood; acquire the knowledge and skills all children, regardless of their ethnicity or gender, necessary full potential through basic education; and to develop to their all children and women are protected from violence, abuse and exploitation. never go to the doctor; when we have to, we buy never go to the doctor; when ● ● ● Under UNICEF sponsorship, an integrated, culturally sensitive programme has been Under UNICEF sponsorship, an integrated, culturally remote indigenous areas of Bolivia, operating since 1989 in the most deprived and The PROANDES programme – which is Peru and Venezuela. Colombia, Ecuador, people in its first 10 years estimated to have reached more than 1.5 million de Concertación de Lucha contra la Pobreza currently underway decision-making and financial has begun to transfer important responsibilities to local governments, significantly increasing the budgets of traditionally poor municipalities. Both Colombia and Ecuador have developed an integrated rights- based approach to strengthen institutional responses. In all these cases, indigenous and community participation in decision-making and local government has been a critical take just one example, mechanism for achieving meaningful and sustainable results. To to establish PROANDES worked with local government in the state of Zulia, Venezuela community-managed oral rehydration units, with the result that under-five mortality due to diarrhoea was reduced by 54 per cent. local and national government commitment (including financial commitment) to the implementation of development plans that are child-centred. It has also highlighted the importance of ensuring that communities are informed, consulted and participate throughout the entire process. In addition, it has emphasized how good practices and lessons learned at the local level must be assessed, disseminated and incorporated in public, national and international policies. Since 1993 in Peru, local committees including mayors, health, education and justice officials, representatives of public organizations institutions, local NGOs, agrarian workers’, community and women’s have produced and implemented annual action plans for children. These have served as a model for the government-sponsored Integrated Committees to Fight Poverty ( We remedies from the pharmacy. of If we get ill we drink an infusion these indigenous The comments from illustrate a range of children from Ecuador – from a mix of tra- attitudes to health care ditional and formal medical care to the rejection of non-indigenous medical treat- ments. The highest standard of health for children and their families is best achieved through initiatives founded upon a con- structive dialogue that avoids a polariza- tion between ‘traditional’ and ‘modern’ medicine. As a useful first step, assessment studies can be carried out to observe and understand indigenous health practices and the different roles of community members (including gender roles) in childbirth processes such as pregnancy, never have dental check-ups. established as a simple service delivery but has since evolved to become a programme, the Its core objective is to overcome comprehensive child rights-based programme. from realizing their human rights in social exclusion that prevents children and women the strategic objectives are to ensure that: the Andean Region. More specifically,

113

NSURING THE RIGHTS OF INDIGENOUS CHILDREN ▼ Experience has demonstrated that the Projects also need to recognize the par- The most ambitious and far-reaching the highest standard of health and nutrition; quality education; effective protection and support; and a voice in decision-making processes that affect them. I’m indigenous, I’m from Tigua … when we get ill I’m indigenous, I’m from Tigua serious, we cure ourselves with plants, but when it’s we go to the doctor. The highest standard of health and nutrition ● ● ● ●

This Digest addresses four key areas for the This Digest addresses four rights. children’s promotion of indigenous careful consid- Each of these should receive of effective pol- eration in the development at both national icy for indigenous children upon strong and and local levels. Drawing around the world, creative initiatives from lessons that can and highlighting valuable Digest focuses on inform future action, the rights of indigenous the realization of the children to: E most successful initiatives both reflect and are consistent with the spiritual and cultur- al values of the indigenous groups involved. They take as a starting point an under- standing of and respect for the particular worldview of indigenous communities. On this basis, successful projects have been developed in partnership with these com- munities. The sense of ownership that this promotes ensures the sustainability of these initiatives. initiatives pursue an integrated approach to rights. One of the realization of children’s the best examples of this is the PROANDES programme in South America by (Box 14). PROANDES illustrates how, taking child rights as a foundation, partici- pation and democracy at all levels of soci- ety can be promoted, intercultural approaches can bear fruit, and local initia- tives can be scaled up and inform national policies. ticular vulnerability of certain groups of children. For example, indigenous girls may be less likely to enjoy their rights, while in other cases the special requirements of ado- lescents may not be considered or indige- nous children with disabilities may be over- looked.

Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

14 Main issues Main Main issues

munity health workers and focus on pri- mary health care; and Box 15: Intercultural initiatives for safe childbirth in Peru121 ● that the provision of such services is In the Peruvian , health workers, with the support of local NGOs and UNICEF, coordinated with other social, economic initiated a strategy for pregnant mothers – “Cultural Adaptation of Pregnancy Care and and cultural measures in the country. Birth Delivery” – which now operates at a national level. The initiative was built from Training indigenous people – including the grass roots. Health workers trained traditional midwives and other members of traditional birth attendants and traditional indigenous communities to promote the empowerment of indigenous women, raise healers – as health workers makes a signifi- awareness of health issues among indigenous families and promote their involvement in cant contribution to overcoming cultural relevant decision-making. The process of cultural exchange set in motion by this project also enabled health workers to learn about and take into account traditional indigenous sensitivities and conveying important health practices associated with childbirth. messages more effectively. Countries that With the aim of promoting attended births in health centres, the strategy includes have promoted this approach include the establishment of ‘maternal’ or ‘waiting homes’ jointly administered and owned by , Belize, Bolivia and El Salvador. In communities and local government. Pregnant women from distant communities, along the Philippines, teenage pregnancy is com- with their husbands, children and sometimes even their livestock, can spend the last mon among Manobo women in the northern weeks of pregnancy in these facilities. During this time, expectant mothers meet with Mindanao region where marriages are tradi- health staff to discuss child care practices and to monitor the last phases of pregnancy. tionally arranged for girls as young as 12. Women are entitled to choose how they prefer to give birth and to have their cultural Promoting education for girls and raising needs respected, for example, drinking special herbal teas or returning the placenta to community awareness of their rights are key the Earth after birth. The project has enjoyed substantial success. In the Peruvian to ending this practice, but in situations province of Paruro, for example, the share of attended births in health centres rose from 10 per cent to 60 per cent in a single year. where young girls become pregnant, knowl- edge of maternal and infant care is crucial. In seminating . presence of logging and mining infrastruc- the barangay of Zillova, a volunteer health Healthy nutrition is promoted by ensur- ture in the remotest corners of the Amazon worker from the Manobo people is engaged ing security of land tenure for indigenous Basin demonstrates that services, including in raising young mothers’ awareness of peoples and supporting the production of medical, can be delivered. Venezuela’s health issues and encouraging them to visit traditional food supplies. Governments Ministry of Health is developing an elec- the local health centre for regular check-ups have, in some cases, adopted special mea- tronic database on the cultural contexts and for themselves and their children.117 sures to ensure and protect the cultivation of health issues of the country’s indigenous As for all children, ensuring the highest traditional food crops and reduce the levels population, including details about commu- standard of health for indigenous children of pollutants entering the food chain. Food requires ensuring women’s health, nutrition, nity representatives and traditional medical supply has been complemented by commu- practitioners. This information is provided education, overall development and protec- nication initiatives to provide information tion, including during pregnancy. A suc- to health workers who are posted to indige- and promote good feeding practices for cessful initiative in this respect is discussed nous communities, including those the children. Initiatives such as these have been 121 in Box 15. remote parts of the Amazon. promoted widely throughout Latin America Early childhood is, along with the prena- by UNICEF and are an integral part of the tal stage, the most important period for 119 ensuring a child’s healthy development and PROANDES programme. Quality education An interesting initiative regarding indige- initiatives such as immunization pro- My parents are from Cotopaxi. I’m an indigenous grammes for indigenous children need to be nous health services comes from Western Australia. Kulunga is a collaborative maternal girl, but I don’t speak Quechua. I’m happy at school given particular emphasis. Again, indige- because they’re teaching me our . nous health workers and local leaders play a and child health research, information and training network project involving the key role, which includes raising awareness My parents speak Quechua at home, but I’m not able of the importance of these measures to pro- Institute for Child Health Research and member services of the Western Australian to; however I’m learning it at school. tect the community’s children from trans- Quechua children, aged 10 and 12, missible diseases. Effective early childhood Aboriginal Community Controlled Health 120 Ecuador development also includes family and com- Organization. The network aims to ensure that community-based and culturally rele- munity practices for childcare, feeding, There are two broad challenges to overcome water and sanitation, stimulation and pre- vant research benefits Aboriginal people by in providing quality education for indige- school education. This can involve a range influencing the policy and planning of gov- nous children – a lack of educational Innocenti Digest 11 – of actors including the mother and child, ernment and other key agencies, and by the family and the community, as well as ensuring that they are involved in all areas of resources (including a scarcity of teachers health, education and water and sanitation research and implementation. Kulunga also and teaching materials, inadequate facilities services, local authorities and NGOs, all of provides open community fora for discussion and the distance between home and school) of maternal and child health issues and acts and, where these resources exist, their inade-

whom must be prepared to work within a Ensuring the Rights of Indigenous Children culturally appropriate context. UNICEF has as an information channel to government quate quality and inappropriate cultural worked with indigenous groups in Brazil on and other key agencies. dimension. Important elements in this cultural aspects of early childcare. Projects Access to health services has not only to respect include the expectation of parents, have included Tukano communities living in do with the cultural sensitivity of these ser- the content of lessons, the quality of teaching the , on the border between vices, but also with the extent to which med- and, crucially, the language of instruction. It Brazil and Colombia, who participated in a ical facilities and pharmaceuticals are made is key to ensure the promotion of widely survey to identify and systematize tradition- available in indigenous areas. Distance may available intercultural, bilingual, child-cen- al indigenous practices of early childcare be a challenge, but the state has a duty to tred approaches that promote community with the aim of both strengthening and dis- ensure adequate provision of services. The involvement. Indigenous peoples have a cru- 15 Escuela Nueva 133 132 Similary, Mexico has sophisti- Similary, 130 ated a demand for mother-tongue adult liter- ated a demand for mother-tongue no coincidence that acy programmes. It is by high these programmes are characterized by women, many of levels of participation attending pri- whom are mothers of children mary school. 131 The likelihood that initiatives for When indigenous peoples pursue The remoteness of many indigenous com- The remoteness of many “(Children’s Multigrade teaching, in which children of will meet with suc- cess is greatly increased when they are backed by national government, both financially and in terms of legislation. For nomadic lifestyles this presents another chal- education, but one that lenge to children’s can be met with creative solutions. Experience has shown that educating chil- dren away from their parents and their com- munities in boarding schools has a deleteri- ous effect upon their lifestyle, culture and language. Nomadic schools are one of the education- best ways to fulfil these children’s al rights. Fixed schools can be located in vil- lages where nomadic peoples can leave their children with family members. These nomadic schools differ from normal schools in that they offer specific elements of nomadic culture and school holidays reflect the rhythm of nomadic movements and sea- there are sonal practices. Alternatively, mobile schools that see the teacher moving with the group, and setting up the ‘classroom’ at each stop (see Box 16). munities can be overcome in various ways. munities can be overcome of mobile teach- Thailand has a programme or motorbike to ers who travel on horseback some continuity in isolated villages to ensure education. schools in Colombia demonstrated how well- designed lesson plans and teaching materials and well-trained teachers, supported by com- munities, could ensure a positive multigrade experience. A number of countries in Latin America and beyond have been inspired by the Colombian model and have adapted it to their own circumstances. cated networks of mobile teachers who cated networks of mobile communities. supervise education in isolated teachers coordi- Peru has a system whereby pre-schools each of nate 7 to 10 non-formal a young educated which is supervised by Support is also member of the community. provided by daily radio broadcasts that review learning activities. Rural education clusters, which aim to make the most of scarce local education resources, offer anoth- er means to promote education in remote and difficult-to-reach areas. They have been used with success in countries such as Bolivia, Colombia and the Philippines. two or more ages or grades are taught by one tended to be regarded as an infe- had teacher, rior model of education until the awa Uta W and Another approach wa Wasi wa Wasi 128 127 129 Wa Houses” in Quechua and Aymara). The Houses” in Quechua and Aymara). pre- Houses provide stimulation, Children’s school education, nutrition and health mon- itoring for indigenous children from six months to five years of age. This initiative has now become a national policy in both project in countries. Under the PROMAYA Honduras, pre-school and primary educa- tion centres, ensuring equal access to educa- tion for girls and boys, have been opened in 15 Maya communities. of income-poor countries, tends to focus on of income-poor countries, education is primary education. Pre-school since it must be, rarely available, especially home. to the child’s close by necessity, are likely Indigenous children, in particular, to miss out on pre-school education and in this way lose a valuable opportunity to gain the best educational start and prepare the ground for bilingual primary schooling. Integrated early child care in Bolivia and children was Peru for Quechua and Aymara initiated in the 1980s through community- based Another important area is the develop- Language is a crucial issue in promoting ment of literacy programmes for indigenous adults, especially women, and of ‘second- chance’ schooling opportunities for adoles- cents. Promoting literacy contributes to the protection of individuals, the empowerment of families and the economic well-being of communities. In Bolivia, bilingual primary schooling for indigenous children has gener- education for indigenous peoples. Other ways of ensuring the relevance of education and strengthening indigenous identity include encouraging the participation of indigenous adults in schools, a strategy which also provides support for teaching staff. In Australia, improving participation of indigenous communities and parents in school education has been a national priori- ty since the mid-1990s. is to ensure that classes are compatible with daily or seasonal rhythms. the community’s In Cambodia, indigenous children in the highlands and northern plains miss out on education due to a lack of schools, a short- age of qualified teachers and because the children are required to help with work on farms or around the home. This is particular- ly an issue for adolescent girls. In response to this challenge, a number of NGOs in the northern province of Ratanakiri have started providing non-formal education integrated into development activities and focusing on issues such as health, agriculture, environ- ment and human rights. Some of these pro- grammes have included the use of mother- tongue literacy education to enable and pro- mote access to education. Non-formal edu- cation classes are held in nearly half of all villages in Ratanakiri. An 123 and local variations in a language In recent years the Government of In turn, the family, extended fami- In turn, the family, 124 In north-east Russia, the Palana 125 122 126 Public education, especially in rural areas Formal bilingual teaching can require spe- Bilingual education offers children the Intercultural education refers to learning Intercultural education cial contribution to make as regards their to make as regards cial contribution In priorities and requirements. educational demon- general experience Latin America, people involving indigenous strates that children – including indigenous themselves community and teachers – can strengthen about gender solidarity and raise awareness from discrimi- issues and challenges arising nation. iet Nam has also been making efforts to eacher Training School, founded in 1990 in eacher Training cial training and teaching skills which indige- nous teachers have often not received. opportunity to learn in their own communi- language and to realize their full intellec- ty’s tual potential while, at the same time, pro- official gressively mastering their country’s language – an essential requirement if they are to fully exercise their citizenship. Where this approach is promoted, it tends to result in an increase in enrolment, retention and completion rates among indigenous children. ly and community can provide both impor- ly and community can for indigenous tant motivation and support system. children in the education own culture but that is, that is rooted in one’s to knowledge of at the same time, open respect for and other cultures. By promoting cultures, intercultur- understanding of other al education is a key element in eliminating discrimination and, as such, is equally rele- vant for indigenous and non-indigenous becomes a diversity children. In this way, pedagogical resource that contributes to bet- ter education for all children. response to a shortage of education workers with a knowledge of indigenous languages, prepares teachers to teach in Russian and in indigenous mother tongues – Even, Itelmen or Koryak. T

train locally recruited indigenous teachers for this positions in their own communities. To end, the Ministry of Education and Training organizes accelerated teacher training cours- es and in-service training courses for indige- nous teachers in remote and mountainous areas. V may require a process of standardization Nam, before it can be taught. In Viet Bank have spon- UNICEF and the World sored the development of bilingual books in ethnic minority languages, such as Bahnar, and are setting Cham, H’mong and Khmer, up special literacy production centres that will employ local teachers, writers and illus- trators who speak and write local lan- guages.

Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

16 Main issues Main tradition, languages do not have an alphabet or written additional challenge is that many indigenous Main issues

child’s birth are in place, and that indigenous Box 16: A nomadic school for the Nenets of western Siberia134 names are respected. Birth registration, while In the Nenets Autonomous Region of Russia, in western Siberia, the Nenet people essential, can be regarded by indigenous com- maintain a nomadic lifestyle. They follow their reindeer herds, passing the winter in the munities as complementary to, not a substitute region’s forests and the summer on the coast of the Barents Sea. In 1996, the Yamb To for, indigenous naming practices. In this nomadic school was founded in the Bolshezemelskaia tundra to meet the educational respect, indigenous leaders have an important needs of the area’s nomadic children without requiring them to leave their parents role to play in explaining to their communities communities and culture. Nenet-speaking teachers arrive at the town of Anderma, from the importance of the official recognition of where they travel – with the reindeer herds or by snow vehicle – to join nomadic every child immediately after birth. communities, with whom they remain for the summer. Classes, which are given in both Nenets and Russian language, are held in tents, and the age of the students ranges If indigenous community structures from 8 to as old as 40 years. break down, indigenous children and young people may require culturally specific sup- example, in May 1991, the Government of advice-giver, fighter, reproducer of life and backbone port. In the United States in the early 1970s, the Sakha Russian Republic adopted a pro- to the preservation of our peoples’ identity; the youth American Indian substance abuse treatment gramme for the development of national as our future generations and the children as the con- programmes started inviting community schools to allow children to study in their tinuity of our peoples, because they are our lives.139 elders to participate in the healing of their native language. In the 1999/2000 academ- Noeli Pocaterra, Wayuu Clansmother, clients. The elders introduced a holistic ic year, mother-tongue language was taught Venezuela approach that involved cultural practices to 48 per cent of Even children, 25 per cent such as sweatlodge (spiritual purification) of Evenki children and 81 per cent of One of the best ways to guarantee that an ceremonies. By the 1980s, this approach Yugakir children. Progress has been slowed indigenous child receives adequate protec- came to be applied not only to treatment, by the lack of qualified teachers who speak tion from violence, abuse and exploitation is but increasingly to prevent alcohol and drug indigenous languages and a lack of educa- to support and build on the strengths of his addiction among American Indian youth. tional literature.135 In New Zealand, the or her family, kinship network and commu- This experience highlights the importance of 1989 Education Act has been amended to nity. An indigenous community that lives in programmes that combine cultural compo- ensure funding for Maori pre-schools, pri- security (including land security), free from nents with other proven prevention strate- mary schools, secondary schools and uni- discrimination and persecution, and with a gies.141 Also in the US, the National Indian versities. The impetus for this came from sustainable economic base has a solid foun- Justice Centre has been one of the partners – Maori mothers insisting that the Maori dation for ensuring the protection and har- along with the Office for Victims of Crime, reclaim the education of their children from monious development of its children. the Office of Justice Programs and the birth through to adulthood.136 The strength of indigenous communities Department of Justice – in the project to pro- Promoting the right of indigenous chil- does not, of course, exempt the state from its duce a discussion guide and video on child dren to education can be an integral part of responsibility to ensure the realization of the sexual abuse in Native American communi- wider-ranging educational reforms. In the rights of the indigenous child and safeguard ties. Bitter Earth is designed as an educational 1990s, several Latin American countries her or his best interests. One of the state’s tool for increasing awareness of this issue modified their education laws to affirm the duties is to develop an effective system of among both community members and non- rights of indigenous peoples, leading to birth registration. This implies that informa- Indian service providers, and examines the indigenous participation in educational tion on the importance of birth registration is resources available within communities to decision-making as well as in planning, made available in indigenous languages, that deal with sexual abuse in a sensitive and implementing and evaluating educational appropriate facilities for the registration of the appropriate manner. It highlights the impor- policy and programmes. Countries such as Ecuador have made considerable progress in bilingual education. Bolivia recently Box 17: Progress in bilingual education in Bolivia passed its Education Reform Act in support In Bolivia significant efforts are being made to ensure indigenous children’s right to of mother-tongue education and indige- education. In 1990, the Ministry of Education started the Bilingual Intercultural nous organizations have developed an Education Project for 114 rural schools with Guarani, Quechua and Aymara languages. intercultural bilingual education pro- This subsequently developed into a national policy including more than 10 ethno- gramme (see Box 17).137 In Africa, Burundi, linguistic groups, with the active participation of indigenous organizations. From the Kenya, Rwanda, Somalia, Tanzania and start, the project relied on the support of the United Peasants’ Union of Bolivia, the Indigenous Federation of Eastern Bolivia and the Assembly of Guarani People. Zimbabwe have introduced mother-tongue Innocenti Digest 11 – instruction in primary schools, and villages In addition to indigenous participation, key strategies of the project were: ● coordination of efforts among the State, indigenous organizations and NGOs; in Burkina Faso have introduced it in com- ● linguistic standardization to develop written forms of the languages involved; munity-managed schools. In Papua New ● training of national human resources for the administration of Bilingual Intercultural Guinea education policy allows communi- Education programs; ties to decide the language of instruction ● involvement of intermediate levels of the education system in working with Ensuring the Rights of Indigenous Children for Grades One and Two.138 indigenous organizations; and ● parents’ participation. The project involves teaching in mother tongue from the first grade and throughout Effective protection primary schooling. At the same time, Spanish is introduced gradually. Research, training, innovative bilingual techniques and appropriate materials were developed for the and support project. As a direct result, the number of schools involved in the project increased due to According to our vision of the world, it is impossible demand from parents and communities, learning achievements in reading and writing in to speak of the family without reinstating our Elders mother tongue improved significantly, children in bilingual schools had greater self- 140 as spiritual guides for our behaviour; the woman as esteem, and teacher-student relations were observed to be less top-down. 17 146 are respected. These include 147 Where appropriate, elements of ral, HIV – referral and case – management ral, HIV – referral and programmes for services, and counselling abuse. It also has a alcoholism and substance programmes in youth council and sponsors arts and cultural enrichment. 149 In other situations, indigenous commu- 148 It is important that justice administration When indigenous children come in con- When indigenous children Ensuring that indigenous children and their communities have access both to informa- tion and to the channels by which to diffuse and exchange their ideas, views and opin- ions should not be an afterthought. Free and open communication and, indeed, the possibility of participating in national and global debates, are important elements in Child participation in decision-making processes demonstrates cultural awareness and sensitiv- and, where appropriate, regional State ity. authorities should take steps to ensure that all actors in the justice system, including the judiciary and law enforcement officials, are trained in and take account of local indige- nous cultures and traditional justice systems. Often indigenous justice systems rely on the spoken word rather than written laws, and spaces and opportunities for such exchange – such as the healing circles and sentencing cir- cles used by indigenous peoples of North America – may need to be both created and respected. tact with the law, it is essential that recognized tact with the law, such as those set forth international standards, by the CRC, nities themselves have taken the initiative to establish their own distinct institutions. This is the case with the community defence centres that operate in the Peruvian Andes (Box 19). these systems can be incorporated into national legal systems. Indeed, the values and principles of indigenous customary law are increasingly coming to be recognized, and Box 20 on the UN mission in Guatemala pro- vides an interesting example in this regard. the right to treatment consistent with the the right to treatment of age and special needs, the promotion child’s worth, and sup- sense of dignity and the child’s In into society. port for his or her reintegration are required to ensure this process, authorities interpreter if the child the free assistance of an the language used cannot understand or speak and proceedings. by the justice institutions States can take positive steps to improve access to the justice system for indigenous peoples. In the US, for example, the Indian Country Law Enforcement Initiative funds programmes that increase the availability of law enforcement services and improve the administration of criminal and juvenile jus- tice. 145 moted by NGOs such as Casa Alianza, which such as Casa Alianza, moted by NGOs and in Central America has programmes of the sexual exploitation Mexico to prevent provide adolescents, and to children and the victims of this appropriate assistance to practice. 144 Indigenous people who are born in Indigenous people who 145 Indigenous peoples themselves are work- Some of the most dramatic effects of Some of the most dramatic cultural rootlessness can be seen in urban cultural rootlessness can areas. ing to overcome the challenges present in and cities, towns urban areas. In Australia’s indigenous community workers now seek – with some success – to nurture pride in their cultural identity among young indigenous people and to promote self-respect and respect for their cultural values. In New York Community the American Indian City, House (AICH) aims to provide health, social service and cultural support for the estimat- ed 27,000 Native Americans living in this area. AICH provides programmes in job training and placement, health service refer- or move to urban or peri-urban areas gener- or move to urban or peri-urban poorest and most ally inhabit some of the They may be par- degraded environments. social and economic ticularly vulnerable to as to the effects of marginalization, as well and as a result may cultural disorientation culture, crime, alco- sometimes turn to gang recognition of these hol or illegal drugs. In difficulties the Permanent Forum on Indigenous Issues has called upon UNICEF, Bank to carry out a com- ILO and World parative study of legal frameworks and social programmes for indigenous youth in selected countries with the aim of develop- ing policies and strategies to address these issues (see Box 7). 142 ILO-IPEC experience shows that the following steps are important in the campaign representatives of the principal social actors in society; with the mandate to conduct research, prepare plans of action, and monitor the with the mandate to conduct research, of decisions taken by the authorities; enforcement supporting the establishment of local ‘vigilance committees’ made up of creating rehabilitation centres for liberated children; developing, in geographical sectors at risk, small credit schemes; and launching vigorous information campaigns and raising public awareness. promoting the establishment of a coordination mechanism against child bondage As regards child labour, it is important to As regards child labour, The most effective way to prevent the Box 18: Dismantling the Kamaiya system of bonded labour in Nepal ● ● ● ● ● Although slavery in 1925, the Kamaiya system of bonded labour was abolished in Nepal was widespread in the west of the country Kamaiya are indigenous Tharu, until 2000. Most region of Nepal. Under the Kamaiya system a Tharu enters into a contract of from the Terai Most children employment for himself and his family which is, in effect, a form of slavery. in Kamaiya families work as child domestics. The remuneration received is inadequate to meet basic needs and, as a result families are obliged to take loans which they are unable IPEC has These loans accumulate and pass from one generation to another. to repay. supported NGOs in implementing programmes to create awareness among the Kamaiyas about human rights, alleviate their conditions and ensure that children are freed from work and receive education. In July 2000, the Government of Nepal made a landmark decision to outlaw the Kamaiya system. The Government has also taken action to rehabilitate recently freed bonded labourers and has established a Freed Kamaiya Rehabilitation and Monitoring Committee to promote this work at the district level. against child bondage: tance of child advocates in assisting children advocates in assisting tance of child fami- abuse and their who have experienced what the ‘system’ and considers lies through healing beliefs and types of traditional culturally can be utilised to make approaches relevant resources available. distinguish light work and tasks which, from a distinguish light work and conditions, certain age and under appropriate standards are compatible with international and development and respectful of the child’s In many indigenous communities, capacity. is considered to pro- light work such as this dignity and sense of respon- mote the child’s This category excludes exploitative sibility. rights, children’s activities that compromise and health, including the rights to education recreation. The pre- to rest, leisure, play and vention of child labour among indigenous children – as with all children – is closely linked to the promotion of education. This, in turn, involves raising awareness among family members and the community at large of the importance and benefits of education. UNICEF and ILO are particularly active in this area. Box 18 illustrates an initiative pro- International Programme moted by the ILO’s on the Elimination of Child Labour (IPEC) to combat child debt-bondage in Nepal. sexual exploitation of indigenous children is to empower the communities in which they live. This can involve the organization of community-based protection systems and the provision of information to parents, indige- nous leaders and elders and to children and adolescents themselves, in particular on the mechanisms used to draw children into sexu- al exploitation. Important initiatives are pro-

Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

18 Main issues Main Main issues empowering indigenous children and pre- venting marginalization and discrimination. Box 19: Community Defence Centres in Peru151 They promote self-esteem, awareness of In 1998, indigenous women in the Peruvian Andes first proposed the creation of self- human rights and democratic citizenship for run community defence centres with the aim of providing legal advice, assistance and all. In Latin America, the political participa- support to indigenous communities. These centres, which are based in a local house or tion of indigenous peoples has been crucial community centre, are administered by small groups of indigenous women whose to the democratization of the region and training is supported by a local NGO and the Ministry for Women. After a period, the indigenous organizations and movements centre and its staff receive an official accreditation that permits them to work on certain remain one of the key social actors in the civil cases while passing others to the appropriate authorities and services. The aim is to contemporary political scene. resolve specific issues within the local community, including marital disputes, cases of child abuse, failure to register births, failure to enrol children at school and Information is most effectively provided discrimination against girls within the education system. The attention these issues to indigenous children in their own lan- receive increases awareness of children’s rights within the community, while promoting guage, and in this respect indigenous leaders collective responsibility. When serious abuse or violence is identified, the defenders represent an important channel of communi- accompany the victims to the appropriate official services and provide personal and cation, presenting information in such a way cultural support within the protection and legal system. that it assumes its full cultural relevance. The In addition to discrimination from local officials, women have had to struggle with UNICEF Americas and Caribbean Office men’s opposition to their leaving the home to attend training meetings or to provide organized a consultation with indigenous case assistance. However, the efficacy of conflict-solving within the community is leaders from the region in Panama in July winning supporters and female defence promoters have stood as candidates for local government posts. There are now some 180 community defence centres in Andean 2003. The event not only generated an indigenous communities staffed by 800 trained women. enhanced awareness of the rights of indige- nous children and women, but also resulted groups, children and the public at large were from, the transition from childhood to in the formation of the Indigenous Children not sufficiently aware of the CRC, and rec- adulthood. In indigenous cultures there is and Adolescent Support Group. Indigenous ommended that the text be translated into often no concept of adolescence, rather cultures are reinforced and perpetuated and made available in all minority and children become adults through communi- when indigenous children and young people indigenous languages.152 The Committee ty-endorsed ritual. Age-related initiation can meet and enjoy their culture with com- expressed a similar concern as regards ceremonies are important moments for rein- munity elders. In addition, indigenous chil- Honduras and Nicaragua in 1999 and forcing collective cultural identity, but they dren themselves have an enormous potential Guatemala in 2001, and recommended plac- may involve harmful practices, or they may to disseminate information to their peers. ing special emphasis on the dissemination of lead to early marriage and pregnancy for Promoting an understanding of human rights the Convention among indigenous and eth- girls and to boys assuming adult responsibil- is one of many areas in which child partici- nic groups, and on finding innovative ways ities before their capacities are fully devel- pation can be effective (Box 21). oped. For girls and boys alike one of the of publicizing the Convention.153 Around the world, important progress is most common consequences of initiation is The dissemination of information on being made in raising awareness of the CRC. that children abandon their schooling. child rights to children, families and com- By 1998, for example, the government of Supporting community-based human rights Ecuador had already taken measures to munities – especially when this information workshops, promoting children’s and young include the teaching of the Convention in is introduced sensitively and creatively – is people’s participation in child rights activi- school curricula.150 But much work still needs important in order to reduce and even elim- ties and in decisions that affect them, and to be done. In its concluding observations inate traditional practices that are potential- working with community leaders are all from 1998, the Committee expressed its ly harmful to children and young people. ways in which to promote and build upon concern that in Thailand professional These practices are often part of, or stem positive traditional practices that support the full development of the child, while Box 20: MINUGUA: The role of customary law in peacemaking154 encouraging communities to abandon those traditions that are potentially harmful. A The UN Verification Mission in Guatemala (MINUGUA) was established in January 1997 similar argument holds for the participation to verify the December 1996 agreement on the definitive ceasefire between the and empowerment of women. Many indige- Government of Guatemala and the Guatemalan National Revolutionary Union (URNG). Verification functions included observation of a formal cessation of hostilities and the nous societies are patriarchal and women demobilization of URNG combatants. The Peace Agreements included commitments are excluded from public matters. When, linked to the promotion of multiculturalism and its integration into the design and however, women are made aware of their Innocenti Digest 11 – application of public policies in regard to social, economic, political and cultural own rights, have access to training and have matters. MINUGUA is still operating in Guatemala to verify the accomplishment of the the possibility of becoming involved in Comprehensive Agreement on Human Rights (March 1994) and the wide-ranging community affairs – for instance, taking Agreement on Identity and Rights of Indigenous Peoples (March 1995).

charge of oral rehydration units, managing Ensuring the Rights of Indigenous Children In its Eighth Report on Human Rights in June 1998, MINUGUA stated that, “The traditional laws of indigenous peoples are an essential element in regulating society in credit or participating in initiatives such as their communities. Derived from a specific philosophy, they possess an authority system the community defence centres discussed in and provide for their own procedures. Indigenous peoples have the right to exercise these Box 19 – their status increases and the procedures, within the limits established in Article 8 of International Labour Organization whole community benefits. Convention 169, ‘where these are not incompatible with fundamental rights defined by Similarly, it is important to promote the the national legal system and with internationally recognized human rights’.” dissemination of information on a variety of MINUGUA recommended that indigenous communities be recognized as having other issues, including birth registration, entitlement to manage their internal affairs in accordance with their customary law and asserted that indigenous law will continue to be an effective tool for conflict resolution. maternal and pre- and post-natal care, child labour and sexual exploitation. HIV/AIDS 19 155 duce HIV/AIDS community-based research community-based duce HIV/AIDS sound, culturally that is methodologically and relevant. appropriate, respectful focuses on the situation and environment of indigenous children and families. In Latin America, indigenous peoples were The media has an important role to play has an important role to The media can draw Legislative change and political participation National governments that are serious about protecting and promoting the rights of indigenous children can develop an appropri- ate legal framework based on human rights, ensure that the communities to which these children belong receive adequate protection and make certain that these under the law, laws are effectively enforced at the national and local levels. A growing number of nation- al governments have modified their constitu- tions and legislation to recognise the rights of indigenous peoples and have used interna- tional human rights instruments as the basis for national law reform. not, for a long time, recognised as distinct ele- ments of the population, but since the 1980s there has been considerable constitutional reform and the introduction of special legisla- tion addressing their rights, notably in Argentina, Bolivia, Brazil, Colombia, Ecuador, Guatemala, Mexico, Nicaragua, Paraguay and in providing information both for and about information both for and in providing in particular, indigenous peoples. Radio, low cost and wide because of its relatively to serve indige- reach, has a large potential given the strong oral nous peoples (especially communities). traditions in many indigenous several indigenous There are, for example, Ecuador and Peru. radio stations in Bolivia, of indigenous chil- Promoting the possibility taking an active role dren and young people serves to reinforce in media production both communities and to cultural values within perspectives, history disseminate indigenous Often, how- society. and knowledge to wider indigenous peoples the media associate ever, with negative contexts including natural dis- asters, war and ‘ethnic clashes’. The potential of radio, television and print media to create awareness and understanding of indigenous peoples and their communities, cultural val- ues and practices, and to help overcome dis- crimination and marginalization has scarcely been explored. the value Chaskiwawa Chaskiwawa (Quechua for “children’s (Quechua for indigenous peoples and their relationship to the rest of the population. These include a study of Mayan traditions and perceptions about work and education in Guatemala. Community censuses have been implemented in the Peruvian Andean area with the partici- pation of the National Statistics Institute and local communities to help identify social exclusion and to gather data on the situation of children at a subnational level. Generally, community-driven censuses on the situation of children can be a cost-effective short cut to promote the involvement of communities in rights in ways that take monitoring children’s into account indigenous laws and traditions. for Aboriginal people living with and affected by HIV/AIDS, regardless of where they reside – on reserves, or in rural or aims is to urban areas. One of the Network’s provide support to develop the understand- ing and skills of both Aboriginal communi- ties and professional researchers working in these communities to undertake and pro- Chaskiwawa When indigenous peoples live in more than one country, transnational cooperation than one country, may be required to obtain a full picture of their situation and thus make the most effec- tive use of resources to support them. This is the case in the Arctic Region where a survey of living conditions among Inuit, Saami and the indigenous peoples of Chukotka and the Kola Peninsula in Russia is currently being Statistical coordinated by Greenland’s Office. Among its priorities, the survey Edelmira Condorì (aged 11), Quechua Indian, Peru Edelmira Condorì (aged 11), Quechua Indian,

TIONAL AND INTERNATIONAL ACTION

A I have something useful, entertaining and important to do. Can I still be a Chaskiwawa entertaining and important to do. Can I still I have something useful, Box 21: Youth participation: the message of child rights in Peru of child rights in the message participation: Box 21: Youth UNICEF supports a number of studies ▼ messenger”). Trained in communication techniques by local NGOs, they prepare short techniques by local NGOs, in communication Trained messenger”). of children’s shows addressing the common forms of violation plays, songs and puppet sometimes They convey their message with good humour, rights in their communities. present their own parents and authorities and, in a similar way, mocking the conduct of problems. Experience has taught the proposals for solving common of coordinating with the health, education and municipal authorities to ensure that health, education and municipal authorities of coordinating with the fairs and festivals at bodies come along to the community events, representatives of these which they give their performances, the efficacy of their message and since this enhances The presence of the proposed solutions receive due consideration. helps to ensure that their the entertainment provided, mean that the authorities, together with large audiences. More than 500 rural indigenous young people are engaged in promoting 500 rural indigenous young people are engaged large audiences. More than fun. political recognition, while at the same time having and gaining social and In Peru, indigenous Andean adolescents are engaged in defending and promoting their own and promoting are engaged in defending Andean adolescents In Peru, indigenous as children organize themselves rights. These when I get older? intended to determine the specific situation of Good quality, disaggregated data are essential Good quality, for planning, policy design and implementa- tion, and resource allocation. They are also indispensable for monitoring progress in the rights. realization of indigenous children’s The critical importance of data in these areas explains the emphasis that has been given to this issue by the Permanent Forum for Indigenous Issues since its inaugural session. Monitoring and data collection

National action National governments have a critical role to play as catalysts for positive change when they act to uphold the rights of indigenous children. This commitment includes promot- ing the meaningful participation of indige- nous peoples, supporting surveys that give a clear picture of the situation of indigenous communities and their children, introducing legislation to ensure respect for and protec- tion of indigenous peoples’ rights, and devel- oping effective mechanisms of implementa- tion and enforcement. N

is another area where the provision of accu- rate and accessible information is essential. In Canada, indigenous peoples themselves have taken the initiative in this sphere. The Canadian Aboriginal AIDS Network (CAAN) is a non-profit coalition of indi- viduals and organizations which aims to provide leadership, support and advocacy FOR INDIGENOUS CHILDREN

Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

20 Main issues Main Main issues

Council and it was renamed the Saami Box 22: Government commitment to indigenous children Council in 1991. This Council is the voice of in Latin America the Saami on international matters. In 1977, The Fifth Ibero-American Meeting of Ministers for Children and Adolescents, which was Inuit leaders established the Inuit Circumpolar hosted by the Bolivian Government in Santa Cruz de la Sierra in September 2003, took as its Conference in recognition of the need to pro- focus the rights of indigenous children and children of African descent. The Summit saw the mote cooperation between and among Arctic participation of 19 countries, as well as international development agencies, indigenous states and the Inuit peoples, and to promote leaders, civil society organizations and, importantly, representatives of Bolivia’s indigenous collective approaches to common problems.162 children. The outcome Declaration from this meeting acknowledges that indigenous children In Russia, indigenous peoples lobby for their and children of African descent are characterized by high levels of poverty and frequently do not enjoy full citizenship. In particular, the Declaration emphasizes the importance of rights on a federal and international level providing universal and free birth registration, and establishing culturally sensitive child rights- through the Russian Association of Indigenous based policies and programmes to promote integrated child development, increase socio- Peoples of the North (RAIPON).163 In a signif- educational services, ensure universal access to quality pre-schooling and improve levels of icant development, regional meetings are health and nutrition. It also calls for action to end all forms of violence, exclusion and becoming an important catalyst for develop- discrimination, eradicate child labour and promote the meaningful participation of all children ing networks among indigenous peoples and and adolescents in decisions that affect them. These goals are to be achieved through, inter promoting their rights. For example, at the alia, the enactment of national action plans for children; support for intercultural, bilingual subregional meeting on indigenous children education; the allocation of appropriate budgetary resources; the development of a system of and adolescents held in Quito, Ecuador in technical assistance to permit knowledge-sharing among countries of the region; and the continued development of a system of common indicators and disaggregated statistical 2001, indigenous leaders came together to information for monitoring and evaluating the situation of children.156 pledge to prioritize the rights of indigenous children and indigenous youth drew up a Venezuela. Despite these new legal frame- result of powerful political and economic series of recommendations for consideration works, alleged violations of the human rights interests. Some progress is, however, being at the UN Special Session on Children. of indigenous peoples are frequently report- made, and in November 2002 Brazil’s Minister ed.157 In a significant recent development, the of Justice signed a bill for the demarcation of Fifth Ibero-American High-level Summit for 9,300 hectares of land for the Guarani- International action Children and Adolescents has made a specific Kaiowá Indians of Cerro Marangatu. The land International development agencies and agen- commitment to promoting the rights of had been taken over by ranchers in the 1950s cies of the UN have a twofold responsibility: indigenous children (Box 22). and for years the 400 Guarani-Kaiowá had to ensure that indigenous children and com- Among the states of South-East Asia, only been forced to live on only nine hectares of munities are included in their general pro- the Philippines, Malaysia and Cambodia, had land.159 In a landmark decision in Malaysia, a grammes and projects, and to implement ini- specific laws concerning indigenous peoples high court judge ruled in 2002 that the Orang tiatives specifically designed to promote the as of 2002.157 Asli, one of the country’s most marginalized rights of indigenous children. UNICEF has a In Scandinavian countries, the Saami peo- groups, have a proprietory interest in custom- strong commitment in this area, and several of ple are legally recognized as culturally dis- ary traditions and lands occupied by them and the organization’s innovative projects and tinct, with special rights, and there are Saami that they have the right to use and derive programmes have been outlined in this parliaments in Finland, Norway and Sweden. profit from these lands.160 Digest.164 Many of these have been developed In Sweden, a law adopted in 2000 grants the Along with land rights, another key issue in Latin America and the experience accrued right of individuals to use the Saami language for indigenous communities is real – not token has been drawn together in a comprehensive in dealings with administration and courts. – political representation and participation. publication by the UNICEF Regional Office Since 1979, Greenland has enjoyed Indigenous involvement is a necessary ele- for Latin America and the Caribbean.165 autonomous status in relation to Denmark. ment of good government, and requires the In addition to UNICEF, several other inter- In the Russian Federation, the “Small establishment or reinforcement of mecha- national organizations are active in this field. Peoples of the North” (“small” in reference to nisms that allow indigenous peoples to have a The Food and Agriculture Organization their population size) are covered by a 1999 say in relevant policy development and imple- (FAO) has, for example, a Forests, Trees and Federal Law that provides for their judicial mentation. Children too must have a say in People Programme that explores ways to work protection, establishes safeguards for the the decisions affecting their lives. In with forest-dwelling indigenous communites, indigenous environment, lifestyle and econ- Venezuela in 1999, for example, indigenous while the International Fund for Agricultural omy, including protection of cultures and children and youth had the opportunity to Development (IFAD) promotes poverty languages, and introduces alternative forms influence the rewriting of the country’s consti- reduction and Innocenti Digest 11 – of military service. tution by presenting their own views and pro- among indigenous peoples in Asia and Latin The Special Rapporteur on the situation of posals to Venezuela’s Constituent Assembly.161 America. human rights and fundamental freedoms of Indigenous communities themselves have The ILO has established two complemen- indigenous people has noted that the greatest enjoyed success in lobbying for their rights tary projects in this area. The project on single problem today for indigenous peoples and placing their concerns on the political Indigenous and Tribal Peoples works at the Ensuring the Rights of Indigenous Children is the failure of states to demarcate or map out agenda. By forming associations of indigenous policy level to increase dialogue, cooperation indigenous land.158 Effective and enforceable peoples they have often derived greater influ- and understanding among indigenous peoples legislation to protect indigenous peoples’ land ence at the national and international levels. and government. The INDISCO programme is also a means to help ensure the well-being As long ago as 1956, the Saami Nordic (“Support to Self-Reliance of Indigenous and of indigenous children. For example, under Council was established as a liaison body Tribal Communities through Cooperatives Brazil’s Constitution, indigenous lands were between Norwegian, Finnish and Swedish and other Self Help Organizations”) works at to be demarcated and ratified by 1993, but Saami. With the collapse of the Soviet Union, the grassroots level and aims to strengthen the the process has faced long delays, often as a the Saami of the Kola Peninsula joined the capacities of indigenous and tribal peoples by 21 A central message of this Digest is that guaranteeing their full citizenship. In part this involves facilitating the participation of indigenous communities in health, education and other initiatives for children, but above all it refers to the participation of children themselves in the relevant processes and decisions that affect them, both within their communities and beyond. When information is made available to them, and appropriate communication channels exist, indigenous children – like all children – can become the advocates of their own rights. successful and sustainable initiatives for indigenous children, including the types of national and international action discussed in this Digest, are most likely to be founded upon a human rights approach that is, by def- inition, intercultural and incorporates indige- nous worldviews. In other words, the most effective initiatives help to develop commu- nity autonomy and empowerment, promote local indigenous languages and customs, respect traditional social structures and recognise the important role of indigenous leaders in defending and promoting the rights of their communities’ children. In this an inter cultural approach enhances and way, reinforces human rights by taking into account how different peoples around the world strive to achieve the same goal: to live and to enjoy in freedom, peace and security, mutual respect and understanding. equity, The Pan American Health 169 The World Bank has had operational direc- Bank has had operational The World Organization (WHO) Health The World tives addressing indigenous peoples since indigenous peoples tives addressing negative overcome the perceived 1991. To initiatives, impact of some of its environmental of strengthening the participation the Bank is its projects and has indigenous peoples in to ensure that all made a specific undertaking social and environ- its projects respect both mental priorities. Medicine Strategy has produced a Traditional reviews of for 2002-2005 and has undertaken peoples in the health situation of indigenous Nam. In and Viet the Philippines, Malaysia office is planning a Africa, WHO regional on health and series of subregional assessments ethnicity. Organization has been running its Health of Indigenous Peoples Initiative since 1993. Also the United in the area of health, UNFPA, Nations Population Fund, works to develop quality and culturally sensitive reproductive health information and education services with the full participation of indigenous peoples. 167 Advancing the rights of indigenous chil- 168 dren is not only possible, it is, in many cases, already a reality and the examples contained in the Digest testify to this and offer valuable lessons. Promoting indigenous children’s right to health and nutrition involves making medical facilities available in indigenous areas and providing both health care and Health information in a sensitive manner. workers and medical staff from indigenous communities play an important role in bridg- ing the gap between traditional medicine and official health services. In the field of educa- tion, it is not enough to make schooling available to indigenous children. Learning opportunities must take into account indige- nous languages and cultural contexts, and teachers must be adequately trained and receive sufficient support to perform their jobs well. Protection for indigenous children is multi-faceted: they must enjoy the same protection to which non-indigenous children in addition, require cul- are entitled and may, turally sensitive measures to overcome the particular challenges they may face. Community and kinship networks represent a special resource for indigenous children traditional holistic healing and, increasingly, practices are being used in indigenous com- munities to deal with issues such as juvenile justice, substance abuse or domestic violence. participation is a crucial element in Finally, rights and in ensuring indigenous children’s projects formulated and implemented by and implemented projects formulated organizations. indigenous peoples’ The United Nations Office of the High The United Nations Office The protection of indigenous knowledge is of indigenous knowledge The protection orking Group for Indigenous Populations, orking Group for Indigenous Commissioner for Human Rights (OHCHR) Commissioner for Human of activities has a well-established programme rights of indigenous aimed at promoting the specifically to chil- peoples. Activities related supporting the dren and youth include W on the situation of the Special Rapporteur freedoms of human rights and fundamental Committee on the indigenous people, the Rights of the Child general day of discussion on indigenous children in September 2003, and the Indigenous Fellowship Programme, an international human rights training course available to young indigenous persons working in indigenous communities and organizations. also promoted by the UN World Intellectual by the UN World also promoted which is (WIPO), Property Organization and involved in training, awareness-raising to protect indige- testing practical solutions nous knowledge. Pilot activities are now Pilot activities 166

ONCLUSION ▼ The history of indigenous peoples around Indigenous children are the inheritors of

oday, with the development and strengthen- oday, C working with them to design and implement working with projects plans. Both their own development focus on with a special include activities indigenous children. the world has often been marked by oppres- sion, marginalization and exploitation. T ing of indigenous peoples’ organizations, and the establishment of structures within the UN such as the Permanent Forum on Indigenous Issues, there is a real opportunity to bring indigenous issues – and, in particular, rights – to the forefront indigenous children’s of both national and international agendas. their communities’ land and custodians of the spiritual values that derive from it. They in turn will protect these values, nurture them and pass them on to their own children. Indigenous children are also subjects of uni- versal rights as laid down in the Convention on the Rights of the Child and other interna- tional human rights instruments. This Digest examined four key areas for has, in particular, rights: the realization of indigenous children’s health and nutrition, quality education, effec- tive protection and support, and child partic- ipation in decision-making processes. Derived directly from the Convention on the Rights of the Child, and therefore universally applicable, each of these four elements con- stitutes an area in which indigenous children’s rights are frequently compromised and, at the same time, each represents an opportunity for important progress to be made towards their effective fulfilment. The United Nations Development The United Nations

being planned by IPEC in the Philippines, being planned to promote educa- Kenya and Latin America as a protection tion for indigenous children strategy against child labour. to strengthen Programme (UNDP) works and indigenous partnerships with civil society a basis for promoting peoples’ organizations as conventional devel- alternative perspectives to supports indigenous opment thinking. UNDP programmes, and peoples through small grant programmes. through national and regional on poverty eradica- Initiatives have focused conflict pre- tion, environmental conservation, cultural revitaliza- vention and resolution, and tion. In addition, UNDP has supported pro- jects under the Indigenous Knowledge Programme, whose main objective has been to promote indigenous knowledge through tar- geted capacity-building and direct support for Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

22 Main issues Main Links

his section contains information Council. It is also mandated to raise France about some of the major UN awareness and promote the Tel.: +33 1 45 68 10 00 Tagencies and international and integration and coordination of Fax: +33 1 45 67 16 90 regional NGOs working on issues activities relating to indigenous issues related to indigenous peoples. These within the UN system, and to prepare Regarding indigenous peoples, contacts should serve as links to and disseminate information on UNESCO emphasizes, in particular, other types of organizations, particu- indigenous issues. the fields of bilingual education, larly national and local NGOs, pro- Website: language rights, indigenous fessional and community organiza- www.un.org/esa/socdev/pfii/ knowledge and the use of media to tions, academic and other institutes www.unhchr.ch/indigenous/forum.htm protect and stimulate indigenous and government bodies, whose work cultures. UNESCO has been is relevant to this issue. It is not instrumental in developing a number intended to be a comprehensive list- of legal instruments, notably the ing, nor does it prioritize or rank the United Nations Development Universal Declaration on Cultural organizations listed. Programme (UNDP) Diversity, adopted in 2001. 304 E. 45th Street, 12th Floor, Website: www.unesco.org New York, NY 10017 UNITED NATIONS, USA SPECIALIZED AGENCIES Tel.: +1 212 906-3674 World Bank AND OTHER INTERNATIONAL Fax: +1 212 906-5161 1818 H Street, N.W. ORGANIZATIONS Washington, DC 20433 In 1995, UNDP issued draft guidelines USA for support to indigenous peoples in Tel.: +202 473 1000 International Programme which four fields of action are Fax: +202 477 6391 on the Elimination identified: cultural revitalisation, of Child Labour (IPEC) improvement of living standards, The World Bank provides funds to preservation of natural resources, and International Labour developing countries to pursue economic and technical development. Organization (ILO) sustainable and equitable growth. Many small grants to regional and 4, Route des Morillons The Bank's objective with respect to CH-1211 Geneva 22 national programmes have involved indigenous communities. indigenous peoples is to ensure that Switzerland the development process fosters full Tel.: +41.22.799.8181 Website: www.undp.org respect for their dignity, human Fax: +41.22.799.8771 rights and cultural uniqueness. More Email: [email protected] UN Environment Programme specifically, the objective is to ensure The ILO has a long-standing (UNEP) that indigenous peoples do not suffer commitment to the promotion of the P.O. Box 30552 adverse effects during the rights of indigenous peoples. Under Nairobi, development process, particularly the aegis of the ILO, IPEC works Kenya from Bank-financed projects, and towards the progressive elimination Tel.: + 254 2 62 1234/3292 that they receive culturally of child labour in more than 60 Fax: + 254 2 62 3927/3692 compatible social and economic countries. It calls for immediate Email: [email protected] benefits. action to ban the worst forms of child Website: www.worldbank.com labour that affect many indigenous UNEP is the UN’s focal point for children around the world. environmental action and Website: www.ilo.org coordination among governments, World Health Organization UN agencies and NGOs. UNEP (WHO) promotes and coordinates the Avenue Appia 20 UN Permanent Forum sharing of environmental information 1211 Geneva 27 on Indigenous Issues and implements projects that support Switzerland Economic and Social Council its agenda for sustainable Tel.: + 41 22 791 21 11 (ECOSOC) development. UNEP works to protect Fax: + 41 22 791 3111 1 UN Plaza, Room DC1-1428 cultural diversity as a fundamental New York, NY 10017 factor in sustaining biodiversity. It

WHO works to remove existing Innocenti Digest 11 – USA supports measures that protect the barriers to health care delivery and Tel.: +1 917-367-5100 traditional knowledge of indigenous overcome the inequities which Email: and local communities in the face of indigenous peoples suffer. WHO [email protected] globalization. UNEP takes a holistic initiatives include the organization approach to the issues of poverty, loss

and delivery of health services in Ensuring the Rights of Indigenous Children of biological diversity, and the Following the recommendation from multicultural communities and the The Commission on Human Rights on weakening of cultural diversity. production and dissemination of 28 July 2000, the Economic and Social Website: www.unep.org scientific, technical and public Council adopted a resolution establishing the Permanent Forum on information material. In the Region Indigenous Issues. Its mandate is to United Nations Educational, of the Americas it implements, provide advice and recommendations Scientific and Cultural through the Pan-American Health on indigenous issues to the Council, Organization (UNESCO) Organizations (PAHO), the Health of as well as to programmes, funds and 7, place de Fontenoy the Indigenous Peoples Initiative. agencies of the UN through the 75352 Paris Website: www.who.int 23 . MRG . ebsite: www.cwis.org ebsite: www.minorityrights.org ebsite: orld Directory of Minorities el.: +1 360 754 1990 el.: +44 20 7687 8700 el.: +44 20 el.: +44 171 978 9498 Fax: +1 253 276 0084 W W Indigenous World Center for Studies (CWIS) PMB 214 1001 Cooper Point Road SW Suite 140 98502-1107 Olympia, WA USA T CWIS is an independent, non-profit research and education organization, dedicated to promoting a wider understanding and appreciation of indigenous knowledge and the social, economic and political realities of indigenous peoples. It works to achieve constructive and cooperative relations between ‘fourth world nations’ and states Survival Buildings 6 Charterhouse 7ET London EC1M UK T Fax: +44 20 7687 8701 peoples' Survival works for tribal areas: rights in three complementary and education, advocacy tribal campaigns. It also offers platform to people themselves a works closely address the world. It organizations, with local indigenous peoples at and focuses on tribal who have greatest risk, often those contact with only recently come into the outside world. W www.survival-international.org Minority Rights Group (MRG) International Minority Rights Group International 379 Brixton Road London SW9 7DE UK T Fax: +44 171 738 6265 MRG works to secure rights for ethnic, religious and linguistic minorities worldwide, and to promote cooperation between communities. It publishes reports, books, education and training materials, and the W works with the United Nations to increase awareness of minority rights, coordinates training on minority rights internationally and collaborates with different communities to counter racism and prejudice. ebsite: bernardvanleer.org ebsite: bernardvanleer.org ebsite: www.savethechildren.org ebsite: www.wipo.org .O. Box 82334 el.: +31 70 3312200 el.: +44 020 7703 5400 W 2508 EH The Hague Netherlands T Fax: +31 70 3502373 Leer Foundation is The Bernard Van a private foundation established in 1949. It supports early childhood (0 to 8 years of age) development activities in around 40 countries. Among others, it has supported programmes with Aboriginal children in Australia, San communities in Botswana, indigenous people in the Chocó area of Colombia, Quechua children in Peru and Maori communities in New Zealand. W Leer Foundation Van Bernard (BvLF) Eisenhowerlaan 156 P W NGOs INTERNATIONAL The Children Save Save the Children UK 17 Grove Lane London SE5 8RD, UK T Fax: +44 020 7703 2278 Save the Children works to create lasting, positive change in the lives of children, especially in the areas of early childhood development, primary education, school health and nutrition, adolescent development and HIV/AIDS. It is a member of the International Save the Children Alliance, comprising 30 independent, national Save the Children organizations working in more than 100 countries to ensure the well- being of children. WIPO works in the area of WIPO works property of indigenous intellectual the information, peoples, including beliefs and philosophy practices, to each indigenous that are unique out work on culture. It has carried business the impact of corporate knowledge interests on indigenous developing and heritage, and is of guidelines for the protection property indigenous intellectual rights. orld Intellectual Property ebsite: ebsite: www.unhchr.ch orking Group on Indigenous outh for the Asia-Pacific Region, outh NGO meetings. el.: +41 22 338 91 11 el.: +1 212 963 7763 el.: +41 22 917-9000 Organization (WIPO) Organization 34, Chemin des Colombettes Geneva, Switzerland T www.un.org/esa/socdev/unyin W W The Youth Unit supports a network of The Youth more than 100 global and regional youth movements and over 3000 national youth organizations, including many indigenous youth Unit helps organizations. The Youth these organizations participate in UN Youth activities such as the World also works Unit Forum. The Youth bodies such with inter-governmental as the UN-NGO Committee on Youth Collective in Geneva, UNESCO’s NGOS in Paris, Consultation of Youth the UN Economic and Social Commission Standing Committee on Y and Latin American and Caribbean Y UN Youth Unit UN Youth Unit United Nations Youth Division for Social Policy and Development Department of Economic and Social Affairs United Nations Headquarters NY 10017 New York, USA T W Populations with a mandate to Populations with a mandate pertaining to review developments of the promotion and protection human rights and fundamental freedoms of indigenous peoples and to give attention to the evolution of international standards concerning indigenous rights. OHCHR sets and implements standards designed to ensure respect for existing rights of indigenous peoples and the adoption of additional rights. OHCHR plays a leading role in OHCHR plays a leading rights issues coordinating human importance of and emphasizes the international human rights at the It established the and national levels. W OHCHR-UNOG de la Paix 8-14 Avenue 1211 Geneva 10 Switzerland T UN Office of the High UN Office Human for Commissioner OHCHR Rights -

Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

24 Links Links

INDIGENOUS ORGANIZATIONS Asia Indigenous Peoples Pact AIDESEP (Peru), OIS (Suriname) and CONIVE (Venezuela). COICA’s main (AIPP) objectives are to facilitate interaction Only regional organizations are 6 Soi 14, Sookkasaem Rd., among its members, protect their presented in this section, however Tambon Patan, territories and cultural inheritance, many local and national indigenous Amphur Mua and promote their right to self- organizations have web pages. A list Taiwan of indigenous peoples’ organizations, determination and respect for their Tel.: +66 53 225 262 human rights, including the right to maintained by the United Nations Fax: +66 53 408 351 Office of the High Commissioner for participate in decision-making. Website: www.coica.org Human Rights, can be found at: With the objective of supporting www.firstpeoples.org/indigenouslist.htm capacity building for indigenous communities, AIPP works in three Judicial Commission for the International Alliance of the broad areas: human rights and Self-development of First advocacy; education and networking; Indigenous-Tribal Peoples Andean People (CAPAJ) research and documentation, Av. 2 de mayo 644, of the Tropical Forests (IAIP) including data collection and analysis. Tacna Alliance International Technical Website: Peru Secretariat Tel.: +5154 742601 14 Rudolf Place, Miles Street www.aipp.womenweb.org.tw Fax: +5154 711126 London, SW8 1RP E-mail: [email protected] UK International Indian Treaty Tel.: +44 171 587 3737 Council/Consejo Internacional CAPAJ is an NGO of Aymara Fax: +44 171 793 8686 de los Tratados Indios (IITC) indigenous lawyers from Argentina, 2390 Mission St. Suite 301 Bolivia, Chile and Peru. Its main IAIP is a worldwide network of the San Francisco, CA 94110 objective is to promote respect of the organizations of indigenous and USA fundamental rights of indigenous tribal peoples living in tropical forest Tel.: +415 641 4482 peoples and encourage sustainable areas. Its membership is made up of Fax: +415 6411298 development by participating in organizations from the Amazon area, national and international fora Southern Cone, Central America and IITC is an organization of indigenous dealing with legislative, judicial and Caribbean, Africa, Continental Asia, peoples from North, Central and development issues. It also promotes Bahasa, Maritime Asia and the South America and the Pacific whose development projects while seeking Pacific. Its objectives are related to mission is to work for the self- to minimise the impact of four major themes: traditional forest- determination of indigenous peoples globalization on indigenous peoples. related knowledge; national land use and the recognition and protection of Website: www.capaj.pe.nu and forest programmes; underlying indigenous rights, traditional cultures causes of deforestation; and and sacred lands. Among its international mechanisms and activities, IITC promotes official Consejo Indio De Sud America instruments. participation of indigenous peoples (CISA) Av.del Sol 1407, Website: www.iaip.gn.apc.org in the United Nations and its Puno specialized agencies, as well as other Peru international fora; seeks international Tel.: +5154 711126 The Asian Indigenous and recognition for treaties and Tribal Peoples Network agreements between indigenous CISA represents South American (AITPN) peoples and states; builds solidarity P.O.Box 9627, Janakpuri, indigenous peoples and organizations. among indigenous peoples of the It promotes the rights to life, justice, New Delhi 110058, world; and disseminates information India development, autonomy and peace. It on human rights issues. also promotes indigenous claims and Tel.: +91 11 25620583 / 25503426 Website: www.treatycouncil.org Fax: +91-11-25620583 cultural manifestations, including language, religion and medicine. AITPN is an alliance of indigenous Coordinadora de CISA provides a point of reference for and tribal peoples’ organizations Organizaciones Indigenas de exchange of indigenous knowledge,

experiences and projects. Innocenti Digest 11 – and individual activists across the la Cuenca Amazónica (COICA) Asian region. It seeks to promote Calle Luis de Beethoven No.47-65 Website: www.puebloindio.org/CISA and protect the rights of indigenous y Capitan Rafael Ramos and tribal peoples by providing Post Box: 17-21-753 Inuit Circumpolar Conference information and input to national Quito (ICC) and international human rights Ecuador ICC Greenland Ensuring the Rights of Indigenous Children institutions and to the United Nations Tel.: +593 2 2407-759 Dronning Ingridsvej 1 for international standard-setting. It Fax: +593 2 2812-098 / 2816-611 P.O.Box 204 also provides situation assessments DK-3900 Nuuk and conducts activities to increase COICA brings together indigenous Greenland and empower indigenous peoples’ organizations from nine different Tel.: +299 323632 organizations and leaders through countries: CIDOB (Bolivia), COIAB Fax: +299 323001 rights-based approaches to (Brazil), OPIAC (Colombia), Email: [email protected] development. CONFENIAE (Ecuador), FOAG Website: www.aitpn.org (French Guiana), APA (Guyana), ICC is an international organization 25 organizations, bibliographical information and databases. www.oneworld.net promotes human rights OneWorld and sustainable development. The website provides information and articles on a vast range of human rights issues and coverage is global. www.umn.edu/humanrts/index.html The University of Minnesota Human developed by the Rights Library, Human Rights Centre, University’s offers more than 7,200 human rights documents and materials on-line. These include treaties and other international instruments, regional materials, bibliographies and research guides, refugee and asylum sources, and links to over 3,000 other sites. The site also provides a search engine that can locate documents on multiple human rights sites. www.hri.ca Internet (HRI) is Human Rights of dedicated to the empowerment and human rights activists the education organizations, and to of governmental and officials intergovernmental agencies, human rights and other actors on civil society. issues and the role of programme HRI has a child rights as legal highlighting such areas rights and protection. www.nativeweb.org Resources for Indigenous Native Web, is an Cultures around the World, international, non-profit, educational organization dedicated to the dissemination of information for and about indigenous peoples, and organizations around the world. Its aim is to foster communication between indigenous and non- indigenous peoples and to provide resources, support and services to facilitate indigenous peoples' use of communications technology. Fax: +46 971 440 01 Email: [email protected] is a network The Sámi Nisson Forum development for local and regional The network issues. on women’s an provides members with and work opportunity to connect common together on issues of annual interest. SNF arranges cultural seminars which include is affiliated events. In Norway SNF and with the Forum for Women A Development (FOKUS). cooperative project involving SNF and named ‘The Rainbow – Friendship across Borders’ brings together primary school children from Karasjok, Norway and Lovozero, Russia. ebsite: www.same.net www.eldis.org Eldis provides extensive links to on-line information on development in areas such as the environment, agriculture, disasters, human rights, civil rights and population. It also provides access to statistical information, major international organizations, research ADDITIONAL WEB RESOURCES www.crin.org The Child Rights Information Network (CRIN) is a global network that disseminates information about the Convention on the Rights of the Child and child rights amongst non- governmental organizations, United Nations agencies, intergovernmental organizations, educational institutions and other child rights experts. The network is supported by, and receives funding from, UNICEF, Rädda Barnen, Save the Children UK and the International Save the Children Alliance. Extensive information, resources and publications are available on this website. W ebsite: www.inuit.org arliaments el.: +46 971 440 00 Sámi Nisson Forum (SNF) Sámi Nisson Forum (Finland, Sweden, Norway) Samernas Utbildningscentrum Borgargatan 2, 962 32 Jokkmokk Sweden T Finland: www.samediggi.fi Sweden: www.sametinget.se Norway: www.samediggi.no The Saami people founded and maintain their own parliaments in Finland (1973), Norway (1989) and Sweden (1992) as autonomous, supreme decision-making bodies. The task of the parliaments is to maintain and develop the language and culture of the Saami people and to regulate matters that concern them as indigenous people. Their most important task is to guarantee the cultural autonomy which the constitution of these three countries guarantee the Saami. Sámediggi – the Saami P W Canada: www.inuitcircumpolar.com Greenland: www.inuit.org Alaska: www.iccalaska.com representing approximately 150,000 representing of in the Arctic regions Inuit living Greenland and Alaska, Canada, Russia. The principal Chukotka, Conference are to: goals of the the Inuit; strengthen unity among and interests at promote their rights safeguard the international level; Inuit culture and and further develop and future society for both present and active generations; seek full participation in the political, development in economic and social and their ; develop policies that encourage long-term environment; safeguard the Arctic and work for international rights of all recognition of the human indigenous peoples.

Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

26 Links Information sources

Notes

1 From the youth pages of the website of Pauktuutit, a not been adequately addressed in existing internation- national non-profit association representing Inuit women al intellectual property law. See Office of the High in Canada. See www.pauktuutit.on.ca/activities/youth/ Commissioner for Human Rights (2001), Leaflet No. 12. main.html accessed 8.9.2003. WIPO and Indigenous Peoples, United Nations, 2Cited in D’Emilio, Lucia (2001), Voices and Processes Geneva. See also http://193.194.138.190/html/racism Toward Pluralism: Indigenous Education in Bolivia, /indileaflet12.doc. [trans. Carolyn Benson], Swedish International 13 Permanent Forum on Indigenous Issues (2003), Development Cooperation Agency, Stockholm. “Permanent Forum on Indigenous Issues concludes cur- 3 “It is difficult to separate the concept of indigenous peo- rent session, approves nine sets of recommendations, ples’ relationship with their lands, territories and seven draft decisions”, Press release HR/4676, 23 May resources from that of their cultural differences and val- 2003. See also, Permanent Forum on Indigenous Issues ues. The relationship with the land and all the living (2003), “Permanent Forum on Indigenous Issues. Report things is at the core of indigenous societies.” Daes, Erica- on the second session (12-23 May 2003)”, Economic and Irene A. (2001), “Prevention of Discrimination and Social Council, Official Records, 2003, Supplement No. 23, Protection of Indigenous Peoples and Minorities. E/C.19/2003/22. Indigenous peoples and their relationship to land”, 14 Stavenhagen, Rodolfo (2002), “Report of the Special Working paper presented to the Commission on Human Rapporteur on the situation of human rights and funda- Rights, Sub-Commission on the Promotion and Protection mental freedoms of indigenous people”, submitted to the of Human Rights, Fifty-third session, 11 June 2001, Commission on Human Rights, fifty-eighth session, 6 E/CN.4/Sub.2/2001/21. March 2002, E/CN.4/2002/97. 4 Burger, Julian (1990), The Gaia Atlas of First Peoples, 15 Office of the High Commissioner for Human Rights, Doubleday, New York, London, Toronto, Sydney, “History and Mandate of the Permanent Forum”, at: Auckland. www.unhchr.ch/indigenous/history.htm accessed 18.8.2003. 5 Office of the High Commissioner for Human Rights (2001), 16 Office of the High Commissioner for Human Rights (2001), Leaflet No. 10: Indigenous Peoples and the Environment, Leaflet No. 10: Indigenous Peoples and the Environment, United Nations, Geneva. See also www.unhchr.ch/html/ United Nations, Geneva. racism/indileaflet10.doc accessed 13.10. 2003. 17 Jones, Peter cited in Holder, Cindy L. and Corntassel, Jeff 6 Blanes, Jose (1999), La Descentralización en Bolivia: (2002), “Indigenous Peoples and Multicultural Avances y Retos Actuales, CEBEM, ; de Quiroga, Citizenship: Bridging Collective and Individual Rights”, Giancarla (1999), “Gobernabilidad y Participación Human Rights Quarterly, Vol. 24, No. 1, 2002. Ciudadana” in Revista CIDOB d ‘Afers Internacionals, 18 Certain collective rights can be difficult to interpret, since no. 47, 1999; Molina Sauced and Carlos Hugo (n.d.), “La they raise questions over who belongs to a group and participación popular en el sistema educativo de how different, and even conflicting, interests should be Bolivia”, paper presented at Regional Conference on resolved within that group. Moreover, reaching a con- “Descentralización de la Educación en América Central, sensus on the identification of distinct groups with explic- Cuba y República Dominicana”, San José, Costa Rica, 3- it rights can be a challenge to national governments con- 5 November, 1977. Reproduced in Serie Documentos cerned about the political implications of articles that Reuniones Internacionales No. 3, Centro deal with aspects of self-determination or with claims Latinoamericano de Administración para el Desarrollo, associated with natural resources. Since its formation, www.clad.org.ve/molina.html. the Working Group on the Draft Declaration has adopted 7 “Levantamiento indígena, institucionalidad y estado” edi- only two articles: article 5, which states that every indige- torial, Boletín ICCI-Rimai,Year 3, No. 23, February 2001; see nous individual has the right to a nationality, and article also “Acuerdo entre el Gobierno Nacional y las organiza- 43, which asserts that all the rights and freedoms recog- ciones indígenas, campesinas y sociales del Ecuador” (9 nized in the Draft Declaration are equally guaranteed to February 2001), text available at: www.icci.nativeweb.org/ male and female indigenous individuals. Significantly, levantamiento2001/acuerdo.html these articles are less controversial as they relate to the 8All from Copsey, S.E; Kindersley, B., Kindersley, A. and rights of indigenous individuals. Belafonte, H. (1995), Children Just Like Me, DK Publishing 19 Office of the High Commissioner for Human Rights (2001), and UNICEF, London, except * taken from Subregional Leaflet No. 10: Indigenous Peoples and the Environment, Meeting on Indigenous Children and Adolescents, Quito, United Nations, Geneva. See also: www.unhchr.ch/html/ Ecuador, July 2001. racism/indileaflet10.doc 9 Alternative spelling is Kichwa. This illustrates the chal- 20 Tomei, Manuela and Swepston, Lee (1996), Indigenous lenge involved in standardizing indigenous languages and Tribal Peoples: A Guide to ILO Convention No. 169, for teaching purposes. ILO, Geneva. 10 Alternative spellings include pachakutik and pachakutiq. 21 Age-sets are a fundamental element of Maasai social Innocenti Digest 11 – 11 Tomei, Manuela and Swepston, Lee (1996), Indigenous structure. These sets apply primarily to men: groups of and Tribal Peoples: A Guide to ILO Convention No. 169, boys of broadly similar age (often 14 or 15, but sometimes ILO, Geneva. as old as 18) are initiated into adult life at the same peri- 12 The right of indigenous peoples to protect, develop and od. These groups then remain together, passing through enjoy their cultural heritage is recognized in a number a hierarchy of grades, until they become elders of their Ensuring the Rights of Indigenous Children of international instruments, including the Universal community. Declaration on Human Rights, the International 22 For a full discussion of the relationship and differences Covenants on Economic, Cultural and Social Rights, between minorities and indigenous peoples, see Eide, and on Civil and Political Rights, the ILO Convention Asbjørn and Daes, Erica-Irene (2000), “Working paper on No. 169, and the draft declaration on the rights of indige- the relationship and distinction between the rights of per- nous peoples. So far, however, the nature of indigenous sons belonging to minorities and those of indigenous peoples’ intellectual property, which is an inherent part peoples”, presented to the Sub-Commission on the of their spiritual, cultural, social and economic life, and Promotion and Protection of Human Rights, Fifty-second the notion of collective ownership of such property has session, E/CN.4/2000/10, 19 July 2000. 27 , , 21 Birth , IWGIA, Health and News in Science Health and Education Health and Education , Innocenti Digest No 9, , IWGIA, Copenhagen. , IWGIA, Copenhagen. Children’s Rights: Equal Children’s , Ministry of Health, Wellington. , AIHW, Canberra. , AIHW, The State of the World’s Children 2001 The State of the World’s , Asian Development Bank, Manila. , Asian Development Bank, Manila. The Indigenous World 2001-2002 The Indigenous World , International Save the Children Alliance, orking Group on Indigenous Populations”, Taipei, 16 Taipei, orking Group on Indigenous Populations”, Needs of Ethnic Minorities in the Greater Mekong Subregion international.org/tc%20yora.htm accessed 12.8.2003. based upon 2003 exchange rate. United Nations Association of Great Britain and Northern Ireland, “Help Indians” at: www.una-uk.org/brazil2.html for Brazil’s accessed 28.4.2003. See, for example, Salleh, Anna (2002, “ get less hospital care”, UNICEF, New York. UNICEF, Affairs Group for Indigenous International Working (2002), Report on Independence Report 2002. Director General’s the State of Public Health Health 2002 Australia’s Desk Review” from Project to ILO (2001-2),”Vietnam Peoples Promote ILO Policy on Indigenous and Tribal (Convention 169), ILO, Geneva. Save the Children (2000), Rights? London. Copenhagen. Ministry of Health, New Zealand (2002), Needs of Ethnic Minorities in the Greater Mekong Needs of Ethnic Minorities in the Greater Subregion 2001-2002 The Indigenous World Registration. Right from the Start Florence. UNICEF, 2000-2001 The Indigenous World are accept- In some regions of Morocco, Amazigh names UN OHCHR). ed locally (information from Julian Burger, Aborigines. Presentation to the United Nations of Taiwan W July 1993. January 2002, at: www.abc.net.au/science/news/stories/ s461517.htm accessed 18.8.2003. UN Committee on the Rights of the Child (2002), of the Child on the Rights UN Committee on the the Committee Observations of “Concluding CRC/C/15/Add.173 Child: Chile. 3/04/2002”, Rights of the (1998), of the Child on the Rights UN Committee on the the Committee Observations of “Concluding 26/10/98”, CRC/C/15/Add.93 Ecuador. Rights of the Child: the Rights of the Child (2000), UN Committee on of the Committee on the “Concluding Observations India. 23/02/2000”, CRC/C/15/Add.115 Rights of the Child: the Rights of the Child (2000), UN Committee on of the Committee on the “Concluding Observations Japan. 05/06/2000”, CRC/C/15/Add.90 Rights of the Child: the Rights of the Child (1999), UN Committee on of the Committee on the “Concluding Observations 02/11/99”, Child: Venezuela. Rights of the CRC/C/15/Add.109 Colombia, Bogota. de Nacimento”, UNICEF Subregional Programme”, UNICEF (2002), “Amazon recommenda-Executive Board, Country programme tions, E/ICEF/2002/P/L.28. (2002), tion, see UNICEF Innocenti Research Centre 66 – about” http://survival- Survival International, “Yora 67 Asian Development Bank (2001) op. cit. 68 UNICEF (2000) op. cit. 69 Save the Children (2000) op. cit. 70 US dollar values 22 and 100 Brazilian real respectively. 71 60 62 (AIHW) (2002), Australian Institute of Health and Welfare 63 64 65 Asian Development Bank (2001), 61 58 Affairs (2002), Group for Indigenous Work International 54 Affairs (2001), Group for Indigenous Work International 55 Alliance Aborigines (1993) “Report of Taiwan Alliance of 56 (2002), op. cit. Stavenhagen 57 Development Bank (2001), Asian 59 (2000), UNICEF 46 47 48 49 50 51 – Registro Civil de Vida Lupi, Herrera (c.1992), “Historia 52 53 of the implications of non-registra- For a full discussion La , UNICEF , IWGIA, Copenhagen. , IWGIA, Copenhagen. , IWGIA, Copenhagen. , IWGIA, Copenhagen. , IWGIA, Copenhagen. , IWGIA, Copenhagen. The Forests and Indigenous , Informe educativo no. 94, GTZ. , United Nations, Geneva. See also Geneva. See , United Nations, , summary available at: www.minori- , summary available Indígenas, reivindicaciones y derechos Indígenas, reivindicaciones llington. This figure also reflects the lower life llington. This figure also reflects the orld Information Transfer 10th International Conference orld Information Transfer ACRO, Panama. The Indigenous World 2000-2001 The Indigenous World Indigenous People Fight for their Survival”, presented at Indigenous People Fight for their Survival”, W April 2001. on Health and Environment, New York, 2000-2001 The Indigenous World Educación Intercultural Bilingüe en América Latina. Educación Intercultural Bilingüe en Balance y Perspectivas expectancy of Maori and Pacific Island peoples. for Children”, “A World Service, BBC World www.bbc.co.uk/worldservice/people/features/children- srights/worldnewsround/identity_mexico.shtml accessed 12.8.2003 Increasingly Polluted, Study Shows”, Asia & Oceania Spotlight Article, March 2003 at: www.culturalsurvival. org/newpage/publications/news/spotlight_article.cfm?id =FE514FD3-73FC-4D0F-A182-3A838E39FF78 accessed 27.3.2003. 2000-2001 The Indigenous World Leaflet No 1. Indigenous Peoples and the United Nations and the United 1. Indigenous Peoples Leaflet No overview System: An 2000-2001 The Indigenous World en América Office, “Estimación de la Población Indígena cited as Jordán Latina”. All figures for 1990. Source See www.oit.or.cr/mdtsanjo/ Pando 1990; III-FAO. indig/cuadro.htm. 2000-2001 The Indigenous World “Background on Ecuador”, www.unfpa.org UNFPA, 18.8.2003. /focus/ecuador/background.htm accessed “Action for Action for Children in Aoteaora (1996), Report to the UN Children in Aotearoa 1996 – The NGO in Aoteaora, Committee on the CRC”, Action for Children We Castaways: The Ohenjo, Nyang’ori (2003), “Kenya’s Ogiek and National Development Processes”, Micro Minority Rights Group International, London. study, UN Committee on the Rights of the Child (1997), “Concluding Observations of the Committee on the Rights of the Child: Australia. 10/10/97”, CRC/C/15/Add.79 UN Committee on the Rights of the Child (1997), “Concluding Observations of the Committee on the Rights of the Child: Bangladesh. 18/06/97”, CRC/C/15/Add.74 http://193.194.138.190/html/racism/indileaflet1.doc. stated million in 1990, but the number at 250 Burger put be doubled if the indigenous peo-that the figure could Burger (1990) op. cit. ples of Africa were included. 2000-2001 The Indigenous World en América Latina de la niñez y adolescencia T Peoples of Asia accessed 18.8.2003. tyrights.org/Profiles/profile.asp?ID=5 in Latin America, see López, Luis indigenous peoples Enrique (2003), UN Committee on the Rights of the Child (2000), “Concluding Observations of the Committee on the Rights of the Child: Burundi. 16/10/2000”, CRC/C/15/Add.133 29 Affairs (2001), Group for Indigenous Work International 33 Affairs (2001), Group for Indigenous Work International 30 Ibid. 31 Ibid. 32 Pack: Russian to the Wolf Sibyl (2001), “Standing Up Diver, 39 40 Inuit ‘Country Food’ (2003), “Traditional 41 Group for Indigenous Affairs (2001), International Work 23 Human Rights (2001), Commissioner for Office of the High 35 op. cit. 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28 Information sources Information Information sources

72 Ministry of Health, New Zealand (2002), op. cit. 95 UN Committee on the Rights of the Child (1997), 73 See, for example, Larsen, Peter Bille (2003) Indigenous and “Concluding Observations of the Committee on the Tribal Children: Assessing child labour and education Rights of the Child: Australia. 10/10/97”, challenges, ILO Child Labour and Education Working CRC/C/15/Add.79 Paper, IPEC/INDISCO-COOP, Geneva. In Mexico it is 96 UN Committee on the Rights of the Child (2001), reported that the school enrolment rates for indigenous “Concluding Observations of the Committee on the peoples are 20 per cent below the national average. Rights of the Child: Guatemala. 09/07/2001”, Oxfam UK, “Education Facts” at: www.oxfam.org.uk/ edu- CRC/C/15/Add.154. cationnow/facts.htm accessed 18.8.2003. 97 Campamento Internacional del Ecuador (2002), “Niñez 74 ILO (2001-2),”Vietnam Desk Review” from Project to Afectada por ‘terror petrolero’: no van a la escuela por Promote ILO Policy on Indigenous and Tribal Peoples temor a los uniformados”, Derechos para Todos, No 7 (Convention 169), International Labour Organization, January-March 2002 at: www.nodo50.org/dere- Geneva. chosparatodos/DerechosRevista/Derechos7- 75 Asian Development Bank (2001) op. cit. Ecuador.htm accessed 18.8.2003. 76 UNICEF (2000), San Communities in Omaheke Region 98 Committee on the Elimination of Racial Discrimination Pursuing their Right to Education, UNICEF, Windhoek. (2001), “Concluding Observations of the Committee on 77 See, for example, UNICEF Innocenti Research Centre the Elimination of Racial Discrimination: Bangaldesh. 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Information on the Initial Report of the Government of 105 Committee on the Rights of the Child (2001), Suriname on the Convention on the Rights of the Child “Implementation of the Convention on the Rights of the CRC/C/28/Add.11 (State Party Report)”, at: Child (Guatemala)”, Twenty-seventh session, Pre- www.crin.org/docs/resources/treaties/crc.24/surinamen- Sessional Working Group, February 2001. goreport.pdf accessed 18.8.2003. 106 ILO, UNICEF and World Bank, Understanding 84 International Work Group for Indigenous Affairs (2001), Children’s Work, Inter-Agency research Cooperation The Indigenous World 2000-2001, IWGIA, Copenhagen. Project (2003), “Understanding Children’s Work in 85 Asian Development Bank (2001) op. cit. Guatemala”, at: www.ucw/pdf/publications/report_ 86 For further details, see Human Rights and Equal guatemala.pdf accessed 13.10.2003. 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Committee on the Elimination of Racial 110 Children and Armed Conflict Unit (1998), “Armed Discrimination (2000), “Concluding Observations by the Conflict and Minority and Indigenous Children in the Committee on the Elimination of Racial Discrimination : Horn and Great Lakes Regions of Africa”, Report of an Australia. 19/04/2000”. CERD/C/304/Add.101. International Workshop, 23-24 April 1998, Kampala, 87 Australian Institute of Health and Welfare (AIHW) (2002), Uganda at: www.essex.ac.uk/armedcon/internation- Child Protection in Australia 2001-02: first national results, al/comment/Text/paper005.htm. Child Welfare Series No 31, AIHW, Canberra. 111 Information provided by UNICEF Colombia Country 88 Survival International, “Innu – about”, at: www.survival- Office, May 2003.

international.org/tc%20innu.htm accessed 18.8.2003. 112 Minority Rights Group International (1997) op. cit. Innocenti Digest 11 – 89 “Challenges Facing American Indian Youth: On the 113 It is reported in Chile, for example, that indigenous chil- Front Lines With Senator Ben Nighthorse Campbell”, dren with disabilities are particularly vulnerable to a Juvenile Justice, Vol VII, No 2, December 2000. lack of resources and specialised staff. UN Committee 90 Survival International “Guarani- Suicides”, at: www.sur- on the Rights of the Child (2002), “Concluding vival-international.org/guarani%20suicides.htm Observations of the Committee on the Rights of the accessed 18.8.2003 Child: Chile. 3/04/2002”, CRC/C/15/Add.173. Ensuring the Rights of Indigenous Children 91 Greenland Home Rule, Statistics Greenland (2002), 114 See, for example, Mateos, Helena (2000), “Diagnòsticos Greenland 2001-2002 Statistical Yearbook, Greenland de Espacios y Relaciones de Comunicación en Salud Home Rule/Atuagkat A/S, Nuuk. Materna” UNICEF-PROANDES, Peru. 92 Aboriginal and Torres Strait Islander Social Justice 115 UNICEF TACRO “PROANDERS”, www.uniceflac.org/ Commissioner (2003), Social Justice Report 2002, Human espanol/textos/proan.htm accessed 11.9.03. Rights and Equal Opportunity Commission, Sydney. 116 UNICEF (2002) “Proandes Subregional Programme” 93 Andrews, Chyrl (2000), “OJJDP Tribal Youth Program”, Executive Board, Country Programme Juvenile Justice, Vol VII, no 2, December 2000. Recommendations, E/ICEF/2002/P/L.28. 94 Stavenhagen (2002), op. cit. 117 Yacat, Nilo A. “Life grows where water flows”, at: 29 ; The UNICEF Poverty and ; (2002) , Innocenti Digest No , Vol 2, No 2, Summer , Vol , . UNICEF Peru 2000 Annual Report , US Department of Labor, Washington Labor, , US Department of Justice as Healing UNICEF Peru 2001 Annual Report erification Mission in Guatemala to the UN General Exclusion among Urban Children Exclusion among Urban Florence. 10, UNICEF, Community House, “Community American Indian Indian Service Departments at the American Community House” at: www.aich.org/services/servic. htm accessed 12.8.2003. articles 37, 39 and 40. Community of example, “A Healing Circle in the Innu Sheshashit”, Council (1998) “Sentencing Tribal 1997 and Yorkton 3, Vol. Circle: a General Overview and Guideleines”, No. 3, Fall 1998. Child (1998), UN Committee on the Rights of the on the “Concluding Observations of the Committee 26/10/98”, Rights of the Child: Ecuador. CRC/C/15/Add.93. (2001) Peru 2002 Annual Report Child (1998), UN Committee on the Rights of the on the “Concluding Observations of the Committee 26/10/98”, Rights of the Child: Thailand. CRC/C/15/Add.97. Child (1999), UN Committee on the Rights of the on the “Concluding Observations of the Committee 24/08/99, Rights of the Child: Honduras. of the CRC/C/15/Add.79; “Concluding Observations Committee on the Rights of the Child: Nicaragua. 24/08/99”, CRC/C/15/Add.108; and (2001), “Concluding Observations of the Committee on the Rights of the Child: Guatemala. 09/07/2001”, CRC/C/15/Add.173. “Eighth report on human rights of the United Nations V Assembly”, 15 June 1998. See also Minugua (2001) “The Indigenous Peoples of Guatemala: Overcoming Discrimination in the Framework of the Peace Report, September 2001, and Agreements” Verification Minugua website at: www.minugua.guate.net/ default2.htm. 18.8.2003. accessed www.caan.ca Altos Responsables de Niñez (2003) “Declaration Final de la V Conferencia Iberoamericana de Ministros, Ministras y Altos Responsables de la Infancia y la Adolescencia de Iberoamerica, Santa Cruz, Bolivia”, República de Bolivia, Ministerio de Desarrollo Sostenible, La Paz. 2002. Guarani-Kaiowá of Brazil win land rights”, at: Department of Justice. Department Future. Priorities for the and Strategic at: www.ilo.org/pub- Report”, ILO Geneva A Synthesis lic/english/standards/ipec/publ/policy/synrep97/index.h and US Department of Labor, tm, accessed 18.8.2003 Labour Affairs (2003), Bureau of International Forms 2002 Findings on the Worst Department of Labor’s of Child Labor DC. The Sexual Exploitation of “Child Sexual Exploitation. and the Caribbean” at: Minors in Latin America www.casa-alianza.org/EN/human-rights/sexual- accessed 12.8.2003. exploit/docs/991021.shtml 146 147 on the Rights of the Child Convention See, in particular, 148 Andrews (2000), op. cit. 149 For more on healing and sentencing circles see, for 150 151 UNICEF Peru (2000) 152 153 154 Mission in Guatemala (1998), United Nations Verification 155 Network at: See website of Canadian Aboriginal AIDS 156 Conferencia Iberoamericana de Ministros, Ministras y 157 Stavenhagen (2002), op. cit. 158 Ibid 159 – 13 November Survival International (2002), “Guarani 143 Labour: Lessons “Action against Child ILO/IPEC (1997), 144 Alianza International, Garcia, Rocio Rodriguez/Casa 145 Centre (2002), UNICEF Innocenti Research ; UNICEF , UNICEF , Vol VII, No 2, VII, No , Vol ; (2002), Bulletin mères et , Pan American Health , IWGIA, Copenhagen. , UNICEF and other agen- , UNICEF and other , Lima. Juvenile Justice UNICEF Peru 2000 Annual Report UNICEF Peru , Institute for Child Rights and , no 14, January 2003. Facts for Life Bitter Earth. Child Sexual Abuse in Indian Claiming our Place in the Circle. Indigenous , Video and Discussion Guide, United States , Video Indígenas, reivindicaciones y derechos de la Indígenas, reivindicaciones UNICEF Peru 2001 Annual Report UNICEF Peru (1996),

ACRO, Panama. UNICEF, New York. UNICEF, milieu nomade: mythe ou réalité” in B.C. Development, Victoria Sandie (2000), “Cultural Practices in American Indian Prevention Programs”, enfants du Chad Nenets Barents Information Centre, Narjan-Mar, Autonomous Okrug, Russian Federation, May 2003. Indigenous Peoples (2002), “Language Policy and Language Building”, paper presented at 13th Inuit Studies Conference, Anchorage, Alaska, 1-3 August, 2002. W. Rights Children’s December 2000. Crime, United States Department of Justice (revised ver- sion 1999), Country opment of bilingual literacy materials for ethnic minori- opment of bilingual literacy materials for Nam”, paper presented at UNICEF Innocenti ties in Viet and Seminar on Ethnic Minorities, Immigrants 7-15 October 1996. Indigenous Peoples, Florence, Italy, at: Ethnic Minority Children” Nam’s Education for Viet accessed 18.8.2003. www.unicef.org.vn/ at: “Girls’ Education in Honduras”, UNICEF, www.unicef.org/programme/girlseducation/action/ed_ accessed 20.1.2003. profiles/Hondurasfinal.PDF, Kaye (n.d.) John; Partington, Gary and Richer, Godfrey, Education”, “Indigenous Parent Participation in School Australia, from website of Government of Western Department of Education at: www.eddept.wa.edu.au/ abled/quality/parentp.htm accessed 12.9.2003. 2000-2001 The Indigenous World T cies, New York. Research Network” at: Projects: Kulunga accessed www.ichr.uwa.edu.au/project/pop_001.html 18.8.2003. Magazine Perspectives in Health www.unicef.org/philippines/Archive/feature214.htm accessed 20.1.2003. (2001), Annual Report Peru 2002 chapter of: UNICEF and other “Nutrition and Growth” agencies (2002), 7, no. 3, 2002. Organization, Vol. (2003), en América Latina niñez y adolescencia 130 D’Emilio, (2001) op. cit. 131 Asian Development Bank (2001) op. cit. 132 Children 1999, UNICEF (1998) The State of the World’s 133 (2003), “Education en Achta Abderamane Aboubacar, 140 D’Emilio (2001), op. cit. 141 Ruth and Johnson, All information from Sanchez-Way, 134 Zhuravlyova, Nenets Information provided by Tatyana 135 Institute of Problems of Northern Andreeva, Tamara, 136 Stavenhagen (2002), op. cit. 137 D’Emilio (2001), op. cit. 138 UNICEF (1998), op. cit. 139 and White, L., Cook, P. Cited in Halldorson, L., Bramly, 142 of National Indian Justice Centre and Office for Victims 123 (2002), op. cit. Stavenhagen 124 Ibid. 125 Furniss, Elaine (1996), “Primary Education: The devel- 126Bilingual Nam, “The Struggle to Provide a Viet UNICEF 127 128 See, for example, Harslett, Mort; Harrison, Bernard; 129Indigenous Affairs (2001), Group for Work International 120 “Major Institute for Child Health Research, Telethon 121 of Medicines”, Johnson, Owain (2002), “A Marriage 118 (2000), UNICEF Peru 119 nutrition are outlined in the Key elements for healthy 122 cit. See also López, Luis Enrique D’Emilio, (2001) op.

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www.survival-international.org/guaraninews021113. 165 See López, Luis Enrique (2003), Indigenas, reindica- htm# accessed 18.8.2003. ciones y derechos de la niñez y adolescencia en 160 Centre for Orang Asli Concerns, “Victory for Orang Asli América Latina, UNICEF TACRO, Panama. in Land Rights Case”, Aliran Monthly, issue 4, 2002 at: 166 ILO (2000), “A Contribution to the UN Secretary- www.malaysia.net/aliran/monthly/2002/4d.html General’s Report to the September 2001 United Nations accessed 18.8.2003. General Assembly Special Session on Follow-up top 161 This event was organized by Venezuela’s Centros the World Summit for Children”, Geneva, Comunitarios de Aprendizaje (Community Learning A/AC.256/CRP.8. Centres) and sponsored by UNICEF. See Cordova, Luis 167 Office of the High Commissioner for Human Rights (1999) “Indigenous Children Set Forth Their Demands” (2001), Leaflet No. 11: UNDP and Indigenous Peoples, InterPress Third World News Agency (IPS), 12 August United Nations, Geneva. See also: www.unhchr.ch/ 1999. html/racism/indileaflet11.doc accessed 13.10.2003. 162 See, for example, the Canadian website for the Inuit 168 World Intellectual Property Organization (2003), Circumpolar Conference at: www.inuitcircumpolar.com “Information received from the United Nations System. accessed 18.8.2003. World Intellectual Property Organization”, submission 163 Diver (2001), op. cit. to the Permanent Forum on Indigenous Issues, 164 Further information can be obtained from UNICEF (2003) E/C.19/2003/14. “Information received from the United Nations system. 169 World Health Organization “Information received from United Nations Children’s Fund”, submission to the the United Nations System. World Health Organization”, Permanent Forum on Indigenous Issues, E/C.19/2003/13. E/C.19/2003/7. Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

31 [email protected] IGESTS or, to order publications, contact to order or, D Bernard & Co, Siena - Italy Hilltribe girls in northern Laos near Muang Xing close to both the Myanmar and China borders. Credit: Chris NNOCENTI pografia Giuntina, Florence - Italy I Ti Ombudswork for Children Children and Violence Juvenile Justice Intercountry Adoption Child Domestic Work and Girls against Women Domestic Violence Early Marriage: Child Spouses Rights Independent Institutions Protecting Children’s Birth Registration: Right from the Start Poverty and Exclusion among Urban Children Jane E. Foy Previous Digest titles are: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ This Digest was prepared under the overall guidance of Nigel Cantwell and the Centre’s This Digest was prepared under the overall guidance Special thanks to the Australian and Canadian UNICEF National Committees for their Special thanks to the Australian and Canadian UNICEF Innocenti Research Centre is particularly grateful to UNICEF Americas and UNICEF Innocenti Research Centre is particularly Thanks also to Francisco Basili, Jacqueline Hayden, Peter Larsen, Yoshie Noguchi, Birger Peter Larsen, Yoshie Thanks also to Francisco Basili, Jacqueline Hayden, This publication has benefited from the input of indigenous people and international from the input of indigenous people This publication has benefited Rana Flowers; Osvaldo Legón; Garren Other reviewers and collaborators included: This issue of the Innocenti Digest has been researched and compiled by Michael Miller Digest has been researched and compiled This issue of the Innocenti www.unicef-icdc.org HE anessa Sedletzki, Mary Simat, Elsa Stamatopoulou and Yolanda Teran Maigua. Teran and Yolanda anessa Sedletzki, Mary Simat, Elsa Stamatopoulou October 2003 Layout and phototypesetting: Front cover picture: Stowers panos pictures. Printed by Editor: The Centre’s publications are contributions to a global debate on child rights issues and include a wide range of publications are contributions to a global debate on child rights issues and The Centre’s or opinions. For that reason, the Centre may produce publications that do not necessarily reflect UNICEF policies approaches on some topics. The views expressed are those of the authors and are published by the Centre in order to stimulate further dialogue on child rights. Extracts from this publication may be freely reproduced, provided that due acknowledgement is given to the source invite comments on the content and layout of the Digest and suggestions on how it could be We and to UNICEF. improved as an information tool. For further information and to download these and other publications, please visit the website at Director, Marta Santos Pais, with administrative support provided by Claire Akehurst. Marta Santos Pais, with administrative support provided Director, kind assistance. Caribbean Regional Office and to country offices from the region for their support. Caribbean Regional Office and to country offices Poppel, Mililani B. Trask and Tatiana Zhuravlova for additional information and input. and Tatiana Poppel, Mililani B. Trask experts who attended the Consultation on Indigenous Children held at UNICEF Innocenti the Consultation on Indigenous Children held experts who attended and reviewed the 2003, many of whom also provided material Research Centre in March Davis, Anna William Fernando Carrera, These include Julian Burger, Digest in its draft form. Farzanegan, Margo Greenwood, Marianne Maryam Lucia D’Emilio, Cynthia De Windt, Pinto, Dorothy Rozga, Sonia Noriega, Anna Jensen, Luis Enrique Lopez, Michael O’Flaherty, V Scott and Moana Sinclair from the Secretariat of Lumpkin; Ida Nicolaisen; David Scales; John colleagues from UNICEF Division of Policy the Permanent Forum on Indigenous Issues; and and Planning, New York. with the expert counsel of Clemencia Aramburu and the support of Anna Holzscheiter. of Clemencia Aramburu and the support of with the expert counsel T to was established in 1988 Italy, Centre in Florence, Innocenti Research The UNICEF (UNICEF) and to sup- capability of the United Nations Children Fund strengthen the research as the International worldwide. The Centre (formally known port its advocacy for children and future areas of helps to identify and research current Child Development Centre) issues relat-are to improve international understanding of work. Its prime objectives UNICEF’s Nations the full implementation of the United rights and to help facilitate ing to children’s countries. The of the Child in both industrialized and developing Convention on the Rights accessible information by the Centre to provide reliable and Innocenti Digests are produced on specific rights issues.

Innocenti Digest 11 – Ensuring the Rights of Indigenous Children

32 Clipboard UNICEF Innocenti Research Centre Innocenti Digest

ENSURING THE RIGHTS OF INDIGENOUS CHILDREN ENSURING THE RIGHTS

Around the world, in rural and urban areas alike, indigenous children fre- OF INDIGENOUS CHILDREN quently constitute one of the most disadvantaged groups, and their rights – including those to survival and development, to the highest standard of health, to education that respects their cultural identity, and to protection from abuse, violence and exploitation – are often compromised. At the same time, however, indigenous children possess very special resources: They are the custodians of a multitude of cultures, languages, beliefs and knowledge systems, each of which is a precious element of our collective heritage. As this Digest discusses, the most effective initiatives to promote the rights of indigenous children build upon these very elements. Such initiatives recognize the inherent strength of indigenous communities, families and children, respect their dignity and give them full voice in all matters that affect them.

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Website: www.unicef-icdc.org For every child Health, Education, Equality, Protection ISSN: 1028-3528 ADVANCE HUMANITY unicef