Legal Framework

$Kiskeya proudly embeds UNDRIP into its Digital Jurisdiction, championing the rights of our indigenous members to own and protect their ancestral land.

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Haiti's Commitment to Indigenous Rights

Haiti reinforces its dedication to indigenous rights, aligning with global standards through key international treaties and declarations.

UN Charter (1945)

Haiti's status as a founding member, as per Article 1(2) of the UN Charter, underscores its commitment to fostering amicable relations among nations while upholding the principles of equal rights and self-determination, including those of indigenous peoples.

Montevideo Convention (1941)

Haiti's ratification of the Montevideo Convention of 1933 on August 13, 1941, serves as evidence of its dedication to the established international legal framework.

This ratification reaffirms Haiti's adherence to diplomatic norms and the recognition of indigenous territories' sovereignty.

International Covenant on Economic, Social and Cultural Rights (2013)

Recognizing Haiti's status as a state party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) since 2013, as outlined in Article 1 of the Covenant.

This article underscores the responsibility of states to safeguard the rights of all peoples, including indigenous communities, to self-determination.

Covenant on Civil and Political Rights (1991)

Haiti ratified the International Covenant on Civil and Political Rights (ICCPR) on February 23, 1991, affirming its commitment to the protection of civil and political rights, including those of ethnic, religious, and linguistic minorities, as outlined in Article 27 of the Covenant.

This commitment underscores Haiti's dedication to ensuring the cultural, religious, and linguistic rights of all individuals within its jurisdiction.

Additionally, Articles 1.2, 2, 22.1, and 22.3 of the ICCPR emphasize the rights to natural wealth and resources, freedom of expression, freedom of association, and protection of labor rights, respectively, further highlighting Haiti's adherence to international human rights standards.

UN Declaration on the Rights of Indigenous Peoples (2007)

The UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which Haiti became a signatory to in 2007, enshrines principles concerning indigenous sovereignty, notably encompassing the right to self-determination and autonomy, as delineated in Articles 3 and 4.

Furthermore, it is noteworthy that of all 33 countries having a consulate or embassy in Haiti, each has demonstrated their commitment to indigenous rights by signing the Declaration on the Rights of Indigenous Peoples.

The list of countries and the year they signed the declaration are as follows: United States: 2010, Canada: Signed in 2016, France: Signed in 2007, Brazil: Signed in 2007, Spain: Signed in 2007, Germany: Signed in 2007, Mexico: Signed in 2007, Netherlands: Signed in 2007, Belgium: Signed in 2007, Sweden: Signed in 2007, Finland: Signed in 2007, Austria: Signed in 2007, Denmark: Signed in 2007, Norway: Signed in 2007, Switzerland: Signed in 2007, Ireland: Signed in 2007, Portugal: Signed in 2007, Czech Republic: Signed in 2007, Poland: Signed in 2007, Hungary: Signed in 2007, Greece: Signed in 2007, Romania: Signed in 2007, Bulgaria: Signed in 2007, Croatia: Signed in 2007, Serbia: Signed in 2007, Slovenia: Signed in 2007, Slovakia: Signed in 2007, Lithuania: Signed in 2007, Latvia: Signed in 2007, Estonia: Signed in 2007, Cyprus: Signed in 2007, Malta: Signed in 2007, Luxembourg: Signed in 2007.

Indigenous and Tribal Populations Convention (1957)

Haiti's ratification of the Indigenous and Tribal Populations Convention (1957) on March 4, 1958, serves as evidence of its dedication to upholding the rights of indigenous and tribal communities, particularly regarding land ownership.

This commitment aligns with the Convention's recognition of the right of ownership, collective or individual, of the members of these populations over the lands they traditionally occupy, as stated in Article 11.

Furthermore, Article 12 underscores Haiti's pledge to protect these communities from forced removal, ensuring that such actions only occur under exceptional circumstances and with the populations' free consent.

Additionally, Haiti's adherence to Article 13 emphasizes its respect for the customary land rights of indigenous and tribal peoples, guaranteeing that these rights are upheld within the framework of national laws and regulations.

Lastly, Article 14 highlights Haiti's commitment to equitable treatment in national agrarian programmes, ensuring that these populations receive the necessary support for land development and expansion in line with the rest of the national community.

Importantly, Article 31 of the Convention binds Haiti, ensuring that its provisions are legally enforceable within the country's jurisdiction.

Free, Prior, and Informed Consent (FPIC)

Free, Prior, and Informed Consent (FPIC) is a specific right granted to Indigenous Peoples recognised in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which aligns with their universal right to self-determination.

FPIC allows Indigenous Peoples to provide or withhold/ withdraw consent, at any point, regarding projects impacting their territories.

FPIC allows Indigenous Peoples to engage in negotiations to shape the design, implementation, monitoring, and evaluation of projects.

FAO's Policy on Indigenous Peoples aligns with the UN and the international legal framework, prioritising the inclusion and promotion of Indigenous Peoples' issues in its work. The FAO Policy upholds core principles such as self-determined development, respect for Indigenous Peoples' knowledge, cultures and traditional practices and FPIC.

The Indigenous Peoples Unit (PSUI) has the corporate responsibility for implementing the FAO Policy and the FAO manual on FPIC providing technical support to other units and projects.