[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 510 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Indigenous Peoples
Protection Act of 1993''.
SEC. 2. FINDINGS.
(a) Deteriorating Situation Facing Indigenous and Tribal Peoples.--
The Congress makes the following findings:
(1) The situation of indigenous and tribal peoples in
developing countries is deteriorating world-wide.
(2) Many of these populations face severe discrimination,
denial of human rights, loss of cultural and religious
freedoms, or in the worst cases, cultural or physical
destruction.
(3) If current trends in many parts of the world continue
the cultural, social, and linguistic diversity of humankind
will be radically and irrevocably diminished.
(4) In addition, immense, undocumented repositories of
ecological, biological, and pharmacological knowledge will be
lost, as well as an immeasurable wealth of cultural, social,
religious, and artistic expression, which together constitute
part of the collective patrimony of the human species.
(5) The pressures on indigenous and tribal peoples, about
10 percent of the world's population, include denial of
political and civil rights and of opportunities for self-
determination, destruction of natural resources necessary for
survival, and ethnic, racial, and economic marginalization.
(6) In many cases, unsound development policy that results
in destruction of natural resources seriously jeopardizes
indigenous and tribal peoples' physical survival and their
cultural autonomy, frequently also undermining the possibility
for long-term sustainable economic development.
(7) The loss of the cultural diversity for indigenous and
tribal peoples is not an inevitable or natural process.
(8) In light of United States concern and respect for human
rights and basic human freedoms, including rights to express
cultural and religious preferences, as well as the United
States desire for sustainable economic development, it is
incumbent on the United States to take a leadership role in
addressing indigenous and tribal peoples' rights to physical
and cultural survival.
(b) Definition of Indigenous and Tribal Peoples.--Indigenous and
tribal peoples in developing countries are those populations that are
ethnically, culturally, or socially distinct from the politically
dominant society on the regional or national level. These peoples are
often (but not invariably) minorities, and invariably have little, if
any, political representation or influence in governments. Many such
peoples are marginally integrated into market economies and practice
traditional, partially or wholly subsistence-based forms of economic
activity. Examples of indigenous or tribal peoples include lowland
South American Indians, Basarwa of Botswana and Namibia, Mayan Indians
in Central America, and registered tribes in India.
SEC. 3. PROMOTING AND PROTECTING THE RIGHTS OF INDIGENOUS AND TRIBAL
PEOPLES.
The Secretary of State and the Administrator of the Agency for
International Development shall ensure--
(1) that United States foreign policy and foreign
assistance vigorously promote the rights of indigenous and
tribal peoples throughout the world; and
(2) that United States foreign assistance is not provided
for any project or program detrimental to the rights of
indigenous or tribal peoples or to their livelihood.
The rights of indigenous and tribal peoples to be promoted and
protected pursuant to this section include the right to maintain their
cultural, religious, and other traditions, customs, and institutions.
SEC. 4. BASELINE REPORT ON INDIGENOUS AND TRIBAL PEOPLES.
(a) Purpose.--The purpose of this section and section 5 is to
help--
(1) guide future United States foreign assistance and other
actions that could affect indigenous and tribal peoples, and
(2) permit United States actions that would assist these
peoples.
(b) Preparation of Report.--The Administrator of the Agency for
International Development, in consultation with the Secretary of State,
shall prepare a report on indigenous and tribal peoples in developing
countries. This report shall include the following:
(1) A description of the economic, political, and social
situation of indigenous and tribal peoples.
(2) A discussion of the effects of United States bilateral
foreign assistance and United States-supported multilateral
assistance on indigenous and tribal peoples, including a
description of those projects and activities currently being
funded by the Agency for International Development--
(A) which have a positive impact on indigenous and
tribal peoples, or
(B) which have a negative impact on indigenous and
tribal peoples.
(3) A comprehensive strategy for regularly monitoring and
improving the situation of indigenous and tribal peoples,
including--
(A) a description of the methodology and the
guidelines to be used in carrying out the monitoring
required by section 5, and
(B) a description of the specific actions that the
Agency for International Development proposes to take
to improve the situation of indigenous and tribal
peoples.
(c) Consultation With NGOs.--The Administrator shall consult with
nongovernmental organizations with experience in monitoring and
reporting on indigenous and tribal peoples, and with other interested
persons, throughout the preparation of the report required by
subsection (b), but in particular--
(1) in determining the scope of that report; and
(2) in developing the methodology to be used in preparing
that report.
(d) Submission to Congress.--Not later than 6 months after the date
of enactment of this Act, the Administrator shall submit the report
prepared pursuant to subsection (b) to the Congress.
SEC. 5. MONITORING REGARDING INDIGENOUS AND TRIBAL PEOPLES.
(a) Monitoring.--The Agency for International Development (in
consultation with the Department of State), on a regular basis, shall
collect information concerning and shall analyze the situation of
indigenous and tribal peoples in developing countries.
(b) Use of NGOs.--In carrying out subsection (a), the Agency shall,
wherever appropriate, use nongovernmental organizations with experience
in monitoring and reporting on indigenous and tribal peoples.
(c) Annual Reports to Congress.--Following completion of the report
required by section 4, the Administrator of the Agency for
International Development shall submit to the Congress, not later than
February 1 each year, a report which--
(1) presents the findings resulting from the monitoring of
indigenous and tribal peoples carried out pursuant to
subsection (a);
(2) updates the information provided in the report
submitted pursuant to section 4; and
(3) describes the activities which the Agency for
International Development proposes to fund for the coming
fiscal year to address the problems facing indigenous and
tribal peoples in developing countries, specifying which
activities will be carried out by the Agency and which will be
carried out by nongovernmental organizations.
SEC. 6. ANNUAL HUMAN RIGHTS REPORTS.
In each report submitted to the Congress pursuant to sections
116(d) and 502B(b) of the Foreign Assistance Act of 1961, the Secretary
of State shall include a description of each country's practices
regarding the observation of and respect for the internationally
recognized human rights of indigenous and tribal peoples in that
country.
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