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103D CONGRESS

1ST SESSION H. R. 510

To protect indigenous peoples throughout the world.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1993

Mr. GILMAN introduced the following bill; which was referred to the

Committee on Foreign Affairs

A BILL

To protect indigenous peoples throughout the world.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘International Indige5 nous Peoples Protection Act of 1993’’.

6 SEC. 2. FINDINGS.

7 (a) DETERIORATING SITUATION FACING INDIGE8 NOUS AND TRIBAL PEOPLES.—The Congress makes the

9 following findings:

10 (1) The situation of indigenous and tribal peo11 ples in developing countries is deteriorating world12 wide.
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1 (2) Many of these populations face severe dis2 crimination, denial of human rights, loss of cultural

3 and religious freedoms, or in the worst cases, cul4 tural or physical destruction.

5 (3) If current trends in many parts of the world

6 continue the cultural, social, and linguistic diversity

7 of humankind will be radically and irrevocably di8 minished.

9 (4) In addition, immense, undocumented reposi10 tories of ecological, biological, and pharmacological

11 knowledge will be lost, as well as an immeasurable

12 wealth of cultural, social, religious, and artistic ex13 pression, which together constitute part of the collec14 tive patrimony of the human species.

15 (5) The pressures on indigenous and tribal peo16 ples, about 10 percent of the world’s population, in17 clude denial of political and civil rights and of oppor18 tunities for self-determination, destruction of natural

19 resources necessary for survival, and ethnic, racial,

20 and economic marginalization.

21 (6) In many cases, unsound development policy

22 that results in destruction of natural resources seri23 ously jeopardizes indigenous and tribal peoples’

24 physical survival and their cultural autonomy, fre-
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1 quently also undermining the possibility for long2 term sustainable economic development.

3 (7) The loss of the cultural diversity for indige4 nous and tribal peoples is not an inevitable or natu5 ral process.

6 (8) In light of United States concern and re7 spect for human rights and basic human freedoms,

8 including rights to express cultural and religious

9 preferences, as well as the United States desire for

10 sustainable economic development, it is incumbent

11 on the United States to take a leadership role in ad12 dressing indigenous and tribal peoples’ rights to

13 physical and cultural survival.

14 (b) DEFINITION OF INDIGENOUS AND TRIBAL PEO15 PLES.—Indigenous and tribal peoples in developing coun16 tries are those populations that are ethnically, culturally,

17 or socially distinct from the politically dominant society

18 on the regional or national level. These peoples are often

19 (but not invariably) minorities, and invariably have little,

20 if any, political representation or influence in govern21 ments. Many such peoples are marginally integrated into

22 market economies and practice traditional, partially or

23 wholly subsistence-based forms of economic activity. Ex24 amples of indigenous or tribal peoples include lowland

25 South American Indians, Basarwa of Botswana and Na-
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1 mibia, Mayan Indians in Central America, and registered

2 tribes in India.

3 SEC. 3. PROMOTING AND PROTECTING THE RIGHTS OF IN4 DIGENOUS AND TRIBAL PEOPLES.

5 The Secretary of State and the Administrator of the

6 Agency for International Development shall ensure—

7 (1) that United States foreign policy and for8 eign assistance vigorously promote the rights of in9 digenous and tribal peoples throughout the world;

10 and

11 (2) that United States foreign assistance is not

12 provided for any project or program detrimental to

13 the rights of indigenous or tribal peoples or to their

14 livelihood.

15 The rights of indigenous and tribal peoples to be promoted

16 and protected pursuant to this section include the right

17 to maintain their cultural, religious, and other traditions,

18 customs, and institutions.

19 SEC. 4. BASELINE REPORT ON INDIGENOUS AND TRIBAL

20 PEOPLES.

21 (a) PURPOSE.—The purpose of this section and sec22 tion 5 is to help—

23 (1) guide future United States foreign assist24 ance and other actions that could affect indigenous

25 and tribal peoples, and
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1 (2) permit United States actions that would as2 sist these peoples.

3 (b) PREPARATION OF REPORT.—The Administrator

4 of the Agency for International Development, in consulta5 tion with the Secretary of State, shall prepare a report

6 on indigenous and tribal peoples in developing countries.

7 This report shall include the following:

8 (1) A description of the economic, political, and

9 social situation of indigenous and tribal peoples.

10 (2) A discussion of the effects of United States

11 bilateral foreign assistance and United States-sup12 ported multilateral assistance on indigenous and

13 tribal peoples, including a description of those

14 projects and activities currently being funded by the

15 Agency for International Development—

16 (A) which have a positive impact on indige17 nous and tribal peoples, or

18 (B) which have a negative impact on indig19 enous and tribal peoples.

20 (3) A comprehensive strategy for regularly

21 monitoring and improving the situation of indige22 nous and tribal peoples, including—

23 (A) a description of the methodology and

24 the guidelines to be used in carrying out the

25 monitoring required by section 5, and
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1 (B) a description of the specific actions

2 that the Agency for International Development

3 proposes to take to improve the situation of in4 digenous and tribal peoples.

5 (c) CONSULTATION WITH NGOS.—The Adminis6 trator shall consult with nongovernmental organizations

7 with experience in monitoring and reporting on indigenous

8 and tribal peoples, and with other interested persons,

9 throughout the preparation of the report required by sub10 section (b), but in particular—

11 (1) in determining the scope of that report; and

12 (2) in developing the methodology to be used in

13 preparing that report.

14 (d) SUBMISSION TO CONGRESS.—Not later than 6

15 months after the date of enactment of this Act, the Ad16 ministrator shall submit the report prepared pursuant to

17 subsection (b) to the Congress.

18 SEC. 5. MONITORING REGARDING INDIGENOUS AND TRIB19 AL PEOPLES.

20 (a) MONITORING.—The Agency for International De21 velopment (in consultation with the Department of State),

22 on a regular basis, shall collect information concerning

23 and shall analyze the situation of indigenous and tribal

24 peoples in developing countries.
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1 (b) USE OF NGOS.—In carrying out subsection (a),

2 the Agency shall, wherever appropriate, use nongovern3 mental organizations with experience in monitoring and

4 reporting on indigenous and tribal peoples.

5 (c) ANNUAL REPORTS TO CONGRESS.—Following

6 completion of the report required by section 4, the Admin7 istrator of the Agency for International Development shall

8 submit to the Congress, not later than February 1 each

9 year, a report which—

10 (1) presents the findings resulting from the

11 monitoring of indigenous and tribal peoples carried

12 out pursuant to subsection (a);

13 (2) updates the information provided in the re14 port submitted pursuant to section 4; and

15 (3) describes the activities which the Agency for

16 International Development proposes to fund for the

17 coming fiscal year to address the problems facing in18 digenous and tribal peoples in developing countries,

19 specifying which activities will be carried out by the

20 Agency and which will be carried out by nongovern21 mental organizations.

22 SEC. 6. ANNUAL HUMAN RIGHTS REPORTS.

23 In each report submitted to the Congress pursuant

24 to sections 116(d) and 502B(b) of the Foreign Assistance

25 Act of 1961, the Secretary of State shall include a descrip-
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1 tion of each country’s practices regarding the observation

2 of and respect for the internationally recognized human

3 rights of indigenous and tribal peoples in that country.

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