COMMISSION BEGINS CONSIDERATION OF RIGHTS OF INDIGENOUS PEOPLES
Press Release
HR/CN/733
COMMISSION BEGINS CONSIDERATION OF RIGHTS OF INDIGENOUS PEOPLES
19960412 GENEVA, 9 April (UN Information Service) -- Support was expressed this afternoon for the drafting of a declaration on the rights of indigenous peoples and to establish a permanent forum for indigenous people within the United Nations system. The statements of support came as the Commission on Human Rights began for the first time to discuss indigenous issues as a separate item on its agenda.The debate on indigenous issues was opened by the Chairman-Rapporteur of the Commission's open-ended working group on the elaboration of a draft declaration on the rights of indigenous peoples. José Urrutia (Peru) said that, while it was too early to go into detail on a draft declaration, he had found a "very encouraging atmosphere" of cooperation between governments and indigenous organizations at the group's first session.
Commentary at the meeting revolved around the draft declaration, the programme of the International Decade of the World's Indigenous Peoples and proposals to establish a permanent forum for indigenous peoples within the United Nations system. There also were suggestions for further activities for the Working Group on Indigenous Populations, which has functioned under the auspices of the Commission's principal subsidiary body, the Subcommission on Prevention of Discrimination and Protection of Minorities.
Earlier in the extended meeting, the Commission concluded debate on the question of the human rights of all persons subjected to any form of detention or imprisonment, including torture and enforced or involuntary disappearances.
Representatives of the following countries spoke: Cuba, Malaysia, Denmark, Australia, Chile, Ecuador, Brazil, Canada, Peru, Nicaragua, Bangladesh, Russian Federation, Mexico, El Salvador, Colombia, New Zealand, Costa Rica, Cyprus, Switzerland and Bolivia. A representative of the International Labour Organisation also addressed the meeting.
In addition, officials of the following non-governmental organizations made statements: African Association of Education for Development; Centre Europe - Tiers Monde; International Association of Educators for World Peace; Indian Council of Education; United Towns Agency for North-South Cooperation; Asian Cultural Forum for Development; World Press Freedom Committee; Survival
International; Movement against Racism and Freedom for All Peoples; Indigenous World Association; Saami Council; Four Directions Council; Commission of the Churches on International Affairs of the World Council of Churches; and Asian Buddhists Conference for Peace.
Egypt, Viet Nam, Nigeria, Philippines, Bahrain, Ethiopia, Malaysia, Cuba and Turkey spoke in exercise of the right of reply.
Indigenous Issues
The Commission on Human Rights this afternoon concluded its general debate on the human rights of persons subjected to detention or imprisonment and took up a discussion on indigenous issues. The panel decided earlier in this fifty-second session to devote a separate item in its agenda to this subject. Under that item, the Commission has before it the report of its intersessional working group on the elaboration of a draft declaration on the rights of indigenous peoples. The group was established in 1995 to consider a draft text submitted by the Subcommission on Prevention of Discrimination and Protection of Minorities as prepared by that body's Working Group on Indigenous Populations.
The Commission also has before it a note by the Secretariat (document E/CN.4/1996/83) reporting on the outcome of a workshop held in Copenhagen last June on the possible establishment of a permanent forum for indigenous people, a recommendation contained in the Vienna Declaration and Programme of Action of the 1993 World Conference on Human Rights. The Subcommission had recommended that the forum be established in the early part of the International Decade of the World's Indigenous People, with a mandate to include questions relating to human rights, development, the environment, health, education and culture; and that its membership consist of independent experts, as well as representatives of governments and indigenous organizations.
In addition, the Commission has received the report on the mission to South Africa by the Special Rapporteur on the transition to democracy in that country (document E/CN.4/1995/24). The report states that, despite the creation of legal and policy frameworks that would facilitate the enjoyment of the social and economic rights of all South Africans, and in spite of the significant improvement in the human rights environment in the country, the Special Rapporteur noted the likely disruptive role that what has been described as "bureaucratic conspiracy" could pose to the implementation of the social and economic uplift measures of the Government. The report concludes that having won the political struggle to overturn apartheid and transform South Africa into a multiracial democracy, the country now stands at the threshold of achieving the social and economic emancipation for all its peoples.
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JOSÉ URRUTIA (Peru), Chairman-Rapporteur of the working group elaborating a draft declaration on the rights of indigenous peoples, established under Commission resolution 1995/32 of 3 March 1995, said he was pleased to introduce the report of the first session of the group. Representatives of 61 governments and 64 indigenous and non-governmental organizations had participated.
It was too early to go into detail, but he was certain the process of elaborating a draft declaration would be a fruitful one, he said. Some early paragraphs had been discussed, and a first reading was carried through at the end of the session. There had been a very encouraging atmosphere of cooperation between governments and indigenous organizations. The work had begun in a constructive and positive fashion, and there appeared to be realistic and responsible political will towards elaborating a just and practical draft declaration. He hoped that intermediate efforts would soon lead to consensus proposals.
Statements
MIGUEL ALFONSO MARTINEZ (Cuba) said the fifth report of the working group on arbitrary detention (documents E/CN.4/1996/40 and Add.1) had only confirmed the Cuban delegation's worst fears. There was a distinction between detention and imprisonment -- detention meant the condition of those deprived of personal freedom except when that was the result of a sentence for a crime or offence. Those in prison were outside the mandate of the working group. Power to interfere in matters of imprisonment, decided upon by a court of law, would be to give the group supranational power, which was unacceptable to many States; it would be an interference in State sovereignty. But the working group unilaterally had improperly expanded the scope of its mandate, and continued arbitrarily to interpret its duties improperly; it had sent to States communications relating to cases of imprisonment. Further, it had placed constraints and obligations on countries which the group simply had not the power to impose. In the case of Cuba, the working group had urged steps based on international instruments to which Cuba was not a party. Such activities did not help the credibility of the Commission.
GHENNET GIRMA, of the African Association of Education for Development, said all judges in Ethiopia had been suspended due to restructuring. There was considerable tension caused by the laying off of thousands of workers and by the failure to replace them with competent functionaries. Previously, judges had been imprisoned together with people upon whom they had passed sentence. The Special Rapporteur on the independence of judges and lawyers should investigate the fate of the judges involved. Reports held that Ethiopia held more journalists in jail than any other country in Africa, most of them without charge. That despite the fact that Ethiopia claimed to have a free press. The working group on arbitrary detention should continue transmitting communications on those arbitrarily detained in Ethiopia, such as
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Professor Asrat Woldeyes and Aberra Yemane Ab. And the Commission should encourage the Ethiopian Government to liberate more political prisoners.
CYNTHIA NEURY, of Centre Europe - Tiers Monde, said on 4 January 1996, four prisoners had lost their lives as a result of acts by soldiers and guards at the prison of Umraniye in Istanbul, Turkey. There were many violations at that prison, including improper interference by soldiers, beatings, humiliating searches, bad nutrition and lack of attention to health, and lack of access to libraries and laundry rooms. During a demonstration for better conditions, soldiers had injured 98 prisoners. In January, there were beatings with sticks, iron bars and clubs. In the end, four died and 45 others were injured. The Turkish authorities must be kept from practising torture and beatings in prison, and from other violations of human rights of detainees.
JESUS PERMUY, of the International Association of Educators for World Peace, said he deplored the continued arrest, detention and intimidation of human rights activists in Cuba. He wished to draw the attention of the Commission to the repression suffered by independent journalists, lawyers, economists and doctors. The recent destruction of two inoffensive civilian airplanes flying a humanitarian mission in international airspace testified to the immorality of the Cuban regime.
Mr. MARTINEZ (Cuba) said non-governmental organizations should confine their remarks to the agenda items under discussion.
VIJAY KUMAR KAUL, of the Indian Council of Education, said the Commission must pay greater attention to enforced or involuntary disappearances at the hands of non-State militant groups during armed conflicts. It was not only government forces that carried out such acts; whoever committed them, the results were the same. Yet, little action was taken against terrorist groups, some of whom had fighting capabilities equal to those of conventional armies. Disappearances in Kashmir at the hands of militant groups and mercenaries were escalating -- children had seen the kidnapping and slaughter of their fathers, and there had been torture, rape, and death at the hand of terrorists. The Commission was urged to advise nation States to pay greater attention to the transgressions of terrorists and to help States to ensure that the human rights of persons under detention were secured.
GENDUN RICHEN, of the United Towns Agency for North-South Cooperation, referring to the situation in Tibet, said he had spent eight months in solitary confinement, during which he had endured torture. His jailers had attempted to stop information about a well-known prisoner reaching the outside world. The conditions he described were those to which the delegation of China had failed to refer when addressing the Commission. On the contrary, the Chinese authorities had spoken about the many wonderful facilities provided for prisoners in Tibet. In Drapchi and Gutsa prisons in Lhasa, there
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were many tiny, dark cells where prisoners could be kept with their feet and hands shackled. He had collected reports of many cases of torture and ill-treatment in Tibet before escaping to Nepal following his release. On behalf of all political prisoners in Tibet and China, he urged the Commission to adopt a strong resolution on China at its current session.
JENNIFER CHANG, of Asian Cultural Forum on Development, speaking on behalf of 14 other Asian non-governmental organizations, said the Special Rapporteur on freedom of expression had called for the release of persons imprisoned in the Republic of Korea for exercising their right to freedom of expression (document E/CN.4/1996/39/Add. 1). He had also called for the repeal of the country's national security law. Revisions made to the law so far were purely superficial; since 1993, 763 people had been arrested under the law. The right of expression of workers was also improperly restricted. There also had been violation of rights in other countries under national security laws, including in Bhutan, Tibet, China, Myanmar, Malaysia and Indonesia. The mandate of the Special Rapporteur for human rights and states of emergency should be extended to include violations under national security legislation, and Asian countries should be urged by the Commission to endorse the Johannesburg Principles on National Security, Freedom of Expression and Access to Information contained in the annex of the report of the Special Rapporteur on freedom of expression.
RONALD KOVEN, of the World Press Freedom Committee, speaking on behalf of a number of non-governmental organizations, said he wished to express deep concern over the fact that the Special Rapporteur on freedom of opinion and expression had endorsed the so-called "Johannesburg Principles". The language of article 19 of the Universal Declaration of Human Rights was familiar to all. All that was required was the global acceptance of that article. No new and different texts were needed.
INARIA KAISIEPO, of Survival International, said there were continuing extra-judicial executions, disappearances, torture and arbitrary detention of civilians in West Papua. The violations were mostly a result of the militarization and tight control by military police or security forces to stop the local Papuan people from protesting the environmental, social, and cultural destruction caused by the huge gold and copper mine of Freeport Indonesia. There were disappearances and killings reported and confirmed by reputable non-governmental organizations, but until now no efforts had been made by appropriate United Nations bodies to improve the situation. Only four members of the Indonesian Armed Forces had been convicted in relation to reported human rights violations. It was time to recognize the legitimacy of the struggle of the Papuan peoples for liberation from foreign domination. The Commission should take effective measures to monitor the situation in West Papua and to pressure the Indonesian Government to abide by international standards relating to detainees.
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M.A. COMBEQUE, of the Movement against Racism and Freedom for All Peoples, said the fact that she would refer to the case of Mumia Abu-Jamal, a journalist sentenced to death by a court in the state of Pennsylvania in the United States in 1982 for supposedly murdering a white policeman, meant that she would have to exclude 3,028 others condemned to die in the United States. She urged the Commission to call the United States to account for its cruel, inhuman and degrading treatment of those persons.
MARIANNE LYKKE THOMSEN (Denmark), speaking on behalf of the Nordic countries, said that that agenda item marked a step forward in the long process of growing international concern and awareness about the situation of indigenous peoples. Now concern and awareness must be translated into action. Views on the draft declaration on the rights of indigenous peoples were still quite divergent; the Nordic countries would have preferred that all indigenous representatives had participated in the group's deliberations. The Commission had an excellent basis for proposing a permanent forum for indigenous peoples within the United Nations system. A workshop on the subject had been held in Copenhagen in June 1995, and solid progress had been achieved; a second workshop should be held. The Working Group on Indigenous Populations should be kept operative. She added that the Nordic countries were already contributing to the United Nations Trust Fund for the International Decade of the World's Indigenous People.
COLIN WILLIS (Australia) said that since the Coordinator of the International Decade of the World's Indigenous People, the Assistant Secretary-General for Human Rights, as well as the Centre for Human Rights, had key roles to play, they must be given the necessary human, financial and material resources to fulfil their responsibilities. There needed to be coordinated follow-up to implement the recommendations of recent world conferences pertaining to indigenous peoples. A permanent forum for indigenous peoples' issues was an important issue for the Decade. At the national level, a vital ingredient for its success would be the establishment of appropriate mechanisms to ensure full consultation and cooperation between governments and indigenous groups in planning and implementing Decade activities. In Australia, the Aboriginal and Torres Strait Islander Commission (ATSIC) and the National Indigenous Advisory Committee shared that responsibility. The ATSIC currently contributed 10,000 Australian dollars annually to the Voluntary Fund for the Decade.
LUIS LILLO (Chile) said the rights of indigenous peoples were a central concern of his country, which had been among those countries supporting establishment of a separate agenda item on the subject. The Subcommission's Working Group on Indigenous Populations should be maintained to continue its efforts on behalf of such peoples, even though it had completed work on a draft declaration on the rights of indigenous peoples. The International Decade should have precise and carefully defined targets. There should be broader international promotion of the rights of indigenous peoples, and
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greater effort to protect such peoples and allow them to practice their cultures. There should be a universal declaration of the rights of indigenous peoples, although elaborating one would be a difficult and complex task; that meant there should be a major effort to cooperate based on a major dose of political will and an atmosphere of tolerance and respect within the Working Group.
FEDERICO MENESESE (Ecuador) said the inclusion of "indigenous issues" as a new agenda made it possible to consider those issues within the context of contemporary international standards. Ecuador had always sought to protect the indigenous peoples, including their right to their language and customs. Indeed, Ecuador was seeking to eliminate any vestige of discrimination against its indigenous population by constantly working to reduce differences, and that with the active participation of indigenous populations themselves. Efforts included consideration of the efficient and effective exploitation of natural resources without detriment to the environment, as well as the elaboration of programmes for healthcare, education, child care and environmental preservation relying on dynamic methodologies of self-management and support for cultural activities.
ANTONIO OTAVIO SA RICARTE (Brazil) said the programme of activities for the International Decade adopted last year by the General Assembly would depend greatly on active participation and allocation of sufficient resources. The working group on the draft declaration would need to find a common platform on which all nations could rely to promote the recognition and enjoyment of indigenous rights. It would be necessary to take account of the diversity of situations in which indigenous people were found throughout the world, and also the differing historical and legal backgrounds that had governed their relations with countries. Brazil felt that the declaration should be universally acceptable and politically realistic. Brazil had strong doubts about the establishment of a new and separate forum for indigenous peoples functioning in parallel with the existing Working Group on Indigenous Populations; a careful review of United Nations mechanisms was needed on the matter, and the Working Group's mandate should be reviewed to include new issues.
WAYNE LORD (Canada) said the inclusion of indigenous issues as a separate item on the agenda was a signal to indigenous people around the world that the Commission valued their concerns and wished to focus on their issues and problems. The effective participation of indigenous organizations in the Working Group had been critical to the success of the Commission's efforts to elaborate a draft declaration on indigenous rights. It was generally agreed that if the objective of adopting the declaration by the end of the International Decade of the World's Indigenous People was to be achieved, additional efforts between sessions of the Commission would be crucial.
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To that end, he said, Canada had hosted a United Nations Expert Seminar on the Practical Experiences regarding the Indigenous Land Rights and Claims in March of this year. It had been a concrete contribution in marking the International Decade. In addition, the Government of Canada would officially mark a National Aboriginal Day on 21 June every year henceforth. Canada supported the idea of finding ways in which the contribution of expertise from indigenous people to the Working Group could be enhanced. Furthermore, Canada was actively involved with other Arctic states in the establishment of the Arctic Council -- an important regional body intended to address matters affecting that unique region. That, and other initiatives, demonstrated the heightened importance internationally of issues of concern to indigenous people.
ROMY TINCOPA (Peru) said the delegation was pleased to see a separate agenda item on indigenous affairs. Consensus was discernible on some elements of the draft declaration, while on others there were differences. Peru thought agreement could be reached through dialogue and through focusing on finding solutions that really had, as their objective, the target of making it easier for States to implement the rights of indigenous peoples. In Peru, there were 72 ethno-linguistic groups; that cultural richness called for a commitment to joint endeavour, and a broad process of consultation was under way in the country with indigenous populations to come up with practical proposals for action. It was necessary to leave out of negotiations for the declaration any interests that were alien to indigenous populations.
LESTER MEJIA SOLIS (Nicaragua) said his country was multi-ethnic and deeply concerned with the rights of indigenous peoples. In Latin America, the indigenous population amounted to 26 million people and over 400 ethnic groups; those peoples struggled with situations of great economic backwardness. Due respect had to be shown for their age-old cultures and for their efforts to retain their identities and their traditional ways of life. The working group on the draft declaration had inherited a good document from the Subcommission's Working Group on Indigenous Populations. It was important in pursuing rights of indigenous peoples to respect State sovereignty, and Nicaragua, in close dialogue with indigenous peoples, had succeeded in interpreting and applying in the country's reality the right of self-determination of its indigenous peoples. A State statute had enabled the indigenous peoples to retrieve their history and had given them sufficient control over traditional communal lands; if there was true political will, such resolutions were possible.
MIJARUL QUAY (Bangladesh) said he welcomed the consensus leading to the creation of a separate agenda item on indigenous people, which aimed to integrate under one specific item the previously dispersed deliberations on the issue. However, it would have been preferable that the agenda item be called "issues relating to indigenous people", instead of "indigenous issues". The Bangladesh delegation felt that the first step would be to integrate,
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preferably at the current session, the dispersed resolutions on indigenous people into one single potent resolution. There was also a need for a proper definition of the term indigenous people so as to be able to identify the beneficiaries in the context of the ongoing standard-setting exercise, including the drafting of a declaration on the rights of the indigenous people.
SERGUI TCHUMAREV (Russian Federation) said pursuit of a draft declaration on the rights of indigenous peoples was an important step, and the first meeting of the working group had been encouraging. Flexibility and understanding should continue to be shown to indigenous groups wishing to participate in the process. International law should be respected in drafting of the declaration, and pragmatism, rather than idealism, should be emphasized. Russia further believed that consultations on establishment of a permanent forum for indigenous peoples within the United Nations system should be carried out on all relevant fronts. Pending the establishment of a permanent forum, the Working Group on Indigenous Populations should continue to function as a representative of such peoples. Russia, for its part, was taking a number of steps to ensure the rights of indigenous groups within its borders.
PORFIRIO THIERRY MUÑOZ-LEDO (Mexico) expressed satisfaction with the decision of the Commission to treat the question of indigenous people as a separate segment. He said that it was essential to recognize the cultural diversity of indigenous people. The international community had paid attention to indigenous people through the declaration of the International Decade of the World's Indigenous Peoples. The creation of a permanent forum for indigenous people was one of the responses to their demands as part of their rights and aspirations. In order to fulfil the desires and resolve the problems of the indigenous peoples, international and national dialogue should be maintained.
MARGARITA ESCOBAR (El Salvador) said the Commission must adapt its agenda and methods of work to bring it into line with the Vienna Declaration of the 1993 World Conference on Human Rights, which had, as one of its noteworthy aims, giving greater attention to the rights of indigenous peoples. There were still underlying problems with the draft declaration that might prevent substantial progress and adoption within a reasonable time; pronounced political will would be required to overcome them. His delegation hoped that a second reading and great efforts to reach consensus would allow success to be achieved. More universal representation of indigenous organizations was needed in the working group, and it was hoped that the Economic and Social Council would find equitable means of allowing such groups to participate. El Salvador supported establishment of a permanent forum for indigenous peoples within the United Nations system.
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CARLOS ROBERTO SAENZ (Colombia) said his country had promoted the cause of indigenous peoples by encouraging them to participate in the activities of the nation. Colombia had established numerous programmes aimed at increasing awareness regarding the protection and promotion of the rights of its indigenous peoples. A permanent forum for indigenous peoples could enhance the search for effective means for protecting indigenous rights. Such a forum could enable indigenous peoples to perpetuate their cultures, traditions and identities.
CHANDRA ROY, of the International Labour Organisation (ILO), said the ILO continued its supervision of the only two conventions that had been adopted on indigenous and tribal peoples: Convention No. 169 on Indigenous and Tribal Peoples, of 1989, had now been ratified by nine countries; and Convention No. 107 on Indigenous and Tribal Populations, adopted earlier, remained binding on the 20 States which had ratified it. The ILO regularly provided information to the Working Group on Indigenous Populations on the situations in those States. The ILO was glad to announce the launch of a technical cooperation project to promote ILO policy on indigenous and tribal peoples; the project was staffed by two indigenous persons, and was funded by the Danish Government. The main purpose of the project was to enhance the ILO's response to requests for assistance from countries preparing for ratification of the Conventions or seeking to improve their implementation. That project complemented other ILO projects for indigenous peoples.
RENE WILSON (New Zealand) said the decision to establish a separate agenda item on indigenous issues reflected the degree of importance now attached to those issues by the international community. As for New Zealand, planning for the activities of the United Nations International Decade of the World's Indigenous People was well under way. The underlying theme for the Decade focused on the Maori language -- Te Reo Maori. In addition, themes for 1996-1998 had also been set. A committee had been established to coordinate Decade activities and to consider grant applications for programmes which were innovative, focused on youth, and directed towards creating a positive attitude towards education.
LAURA THOMPSON (Costa Rica) said the country found the new agenda item on indigenous affairs very important and topical; for many years in Costa Rica, there had been legislation on the subject with full respect for the cultures of indigenous populations. There had been a number of measures taken in that direction in the country, including equitable laws on land ownership, citizenship legislation, steps to recognize traditional medicine practices, and educational measures. Costa Rica fully agreed with the objectives of the International Decade of the World's Indigenous Peoples. To ensure compliance with those goals, it was essential to have the commitment of the United Nations system, and so it was important to establish within that system a permanent forum for indigenous peoples. Costa Rica supported the focal point already set up for indigenous matters within the Centre for Human Rights.
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LORIA MARKIDES (Cyprus) said Cyprus had always supported, in the framework of the United Nations system, the rights and freedoms of indigenous populations. The Working Group on Indigenous Populations had been, since its establishment in 1982, the only United Nations forum dedicated to addressing indigenous concerns. The International Decade of the World's Indigenous People, which began in December 1994, provided another means for advancing the human rights of indigenous people. The Decade aimed at strengthening international cooperation for the solution of problems faced by indigenous populations in such areas as human rights, the environment, development, education and health. It also aimed at fostering new relationships between States and indigenous peoples.
DIDIER PFIRTER (Switzerland) said the declaration on the rights of indigenous peoples would constitute an important political sign from the international community of the recognition and protection of the rights of indigenous peoples. One should be conscious of the fact that indigenous people had lifestyles, traditions, cultures and activities which were not only indispensable to their own survival, but also beneficial to all humanity. Modern civilization often gravely jeopardized the specific characteristics of indigenous peoples, who actually needed special attention and protection. The declaration on the rights of indigenous peoples should be adopted as soon as possible; it should not be compromised by the absence of a definition of the term "indigenous peoples". JAIME QUISPE (Bolivia) said Bolivia was a multi-ethnic and pluri- cultural State where indigenous people were fully involved in economic and national life; there were indigenous legislators who had actively contributed to government reforms. Reform of education was under way and explicitly defined education as multi-cultural and bilingual. The Government, in complying with the recommendations of the United Nations, has created a national committee for the implementation of the International Decade of the World's Indigenous Peoples. Bolivia believed the working group on the draft declaration on the rights of indigenous peoples had made significant progress, and it should continue its work unhindered. The Government also supported the establishment of a permanent forum for indigenous peoples within the United Nations system.
MARCELO ORELLANA, of the Indigenous World Association, said his group had represented a number of indigenous peoples from Central and Latin America at the first meeting of the working group on the draft declaration on the rights of indigenous peoples. Much coordination was needed to make progress, and the international community must work had to complete the draft declaration. Indigenous peoples had been working on the draft for some 10 years. The declaration also could give economic impetus to indigenous peoples, and would be a serious step in establishing new relations between indigenous communities and States which could lead to specific measures involving such matters as sustainable development. It was important to connect international work for indigenous peoples with the practical problems
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they faced everyday; and to ameliorate the horrific conditions they faced in some countries. LARS-ANDERS BEAR, of the the Saami Council, said the permanent forum for indigenous people should be established as a subsidiary body of the Economic and Social Council. It should consider issues such as health, development, education, culture and environment. The mandate should enable the forum to effectively deal with issues concerning indigenous peoples. Such a body should also have the potential to assist other United Nations organs and specialized agencies in devising coherent and coordinated policies and programmes for the benefit of indigenous peoples, incorporating the indigenous view in their conceptualization and implementation. JOHN HARDBATTLE, of the Four Directions Council, said the Khwe or Bushmen of Botswana were indigenous peoples whose lives were governed by tradition and natural customs. Native to the Kalahari desert system, they predated all other peoples of the area and had been able to thrive for more than 40,000 years in ecological balance in a hostile, fragile and beautiful land. That demonstrated their expertise in conservation. The Botswana Government had refused to recognize that history, and in 30 years had been responsible for a decline of 98 per cent in the game population of the desert basin. The Khwe must have control over their ancestral lands. They and other indigenous peoples were entitled to protection and promotion of their cultures; rather than challenges to governments, indigenous peoples should be seen as opportunities. The old approach favouring integration into one mainstream culture was no longer acceptable. EUGENIO POMA, of the World Council of Churches, said indigenous people considered their land not as a commodity, but as something spiritual that transcended the material world. The World Council of Churches supported the elaboration of the draft declaration on the rights of indigenous peoples. The declaration would establish minimum criteria for the protection of the rights and culture of indigenous peoples. It would also affirm the free determination of the indigenous people in relation to their lifestyles and traditions. RACHEL GARSTANG, of the Asian Buddhists Conference for Peace, said indigenous peoples all over the world faced marginalization, impoverishment and the loss of their ancestral lands, upon which was based not only socio-economic well-being, but also spiritual security. An example was the peoples of the Chittagong Hill Tracts, who lacked constitutional and other legal guarantees protecting their rights; with successive governments, autonomous self-rule had given way to policies and programmes with disastrous impacts. A large-scale programme for the resettlement of plains peoples in the Hill Tracts had moved an estimated 450,000 between 1979 and 1985. Many of the indigenous peoples had been moved into camps, which effectually reduced them to indentured labourers. There was mounting racial tension. Within the International Decade of the World's Indigenous Peoples, there should be major efforts to resolve the conflict situation in the Hill Tracts through dialogue
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and negotiation. A United Nations observer team should be appointed to monitor the dialogue. Right of Reply AMANI ELETR (Egypt) said his country supported cooperation with non- governmental organizations, yet some of those organizations persisted in levelling charges that were nothing more than falsehoods. One organization had spoken of the deaths of 20 detainees in 1995 as the result of alleged inhumane treatment. Egypt had already said that most of the names mentioned had not been imprisoned. In all cases of death, investigations had been carried out which showed that some prisoners had died of natural causes. None had died from ill-treatment. As for the state of emergency law, it did not violate the Constitution and it respected civil and political rights. The law was only used against terrorism and drug trafficking; Egypt, in coping with terrorism, was showing respect for the law and for human rights. Military courts in Egypt had been established in accordance with the law, and respected citizens' civil rights. BUI QUANG MINH (Viet Nam) said he rejected the allegations made in a document circulated by a group calling itself the Viet Nam Committee for the Defence of Human Rights. That handful of persons had taken advantage of human rights issues to perpetrate its political agenda, which was contrary to the interests of the nation. Viet Nam was a country in the process of rapid and dynamic change in order to achieve the noble objectives of a rich people and a just and civil society. It rejected all the erroneous allegations contained in the document and was convinced that no one would be misled by them. A.B. RIMDAP (Nigeria) said the Netherlands had referred to Nigeria this morning. The human rights situation in Nigeria was not exceptional. The requests of the various special rapporteurs to visit the country would be taken into account by the Government and arrangements for visits would be worked out. All well-wishers should cooperate to help Nigeria maintain its reputation for law and order. BERNARDITAS DE CASTRO MULLER (Philippines) said the Government of the Philippines had responded positively to all the allegations raised during the intervention of the World Alliance of Reformed Churches. The action of the Government had allowed the Philippines to move forward to achieve economic progress and the promotion and protection of human rights. AHMED MAHDI AL-HADDAD (Bahrain) said statements by two non-governmental organizations mentioning Bahrain were seriously misinformed and inaccurate. The Fondation Danielle Mitterrand had been deliberately misled; its allegations were the recognizable product of terrorist propaganda, and were backed by foreigners intent on violently destabilizing the country. The Government was reacting with all available legal means, and with international support. The release and trial of all those arrested in connection with the disturbances, including the women named in the statement, were determined by
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due process of law. Further, no children had been arrested or detained, let alone mistreated. MINELIK ALEMU GETAHUN (Ethiopia), responding to a statement made by the representative of the African Association for Education for Development, said no judges had been suspended or put in prison in Ethiopia. Moreover, the courts were free from interference from the Government. The election, promotion and transfer of judges was handled by an independent Administration Commission. With regard to mistreatment of journalist, under the provisions of the Constitution freedom of the press was guaranteed; that could be curtailed -- or not -- depending on whether their activities were intended to injure the dignity of the person or the State. No adverse action had been taken against journalists who acted responsibly. Since 1991, Ethiopia had moved towards a fully democratic society. YEAN YOKE HENG (Malaysia) said indigenous people were very much a part of Malaysian society. The Government was committed to bringing them into the mainstream of national development and to ensuring that they enjoyed the status of full citizenship and all rights and privileges without having to sacrifice their culture, tradition, religion or language. Malaysia viewed positively the proposal to set up a permanent forum on indigenous people. However, the role and existence of the Working Group on Indigenous Populations should be reviewed carefully if the forum were formed; its role, scope and functions should be clearly spelt out so that it would not overlap with the functions of the permanent forum.
JUAN ANTONIA FERNANDEZ PALACIO (Cuba) said the delegation had already missed the clowns in the circus. They had come in the form of the International Association of Educators for World Peace. He would not waste the Commission's time, but all knew who the representatives of that organization were, where they came from, and who paid them. That organization did not deal with education and peace in the world -- it dealt with other things, and had been removed in 1993 from consultative status by the Committee on Non-governmental Organizations of the Economic and Social Council because it had abused its privileges. Cuba gave particular importance to non- governmental organization contributions; it found them useful and pertinent, but it could not accept that an organization of that type should abuse the rights of groups and individuals. Cuba would take the appropriate steps to have that organization removed from its status to speak before the Commission. It also objected to accreditation of the United Towns Agency for North-South Cooperation. These were phantom organizations and did not act responsibly.
AHMET ARDA (Turkey) said, in response to a statement made by a non-governmental organization concerning incidents in Turkish prisons, that the facts had been distorted. The statement constituted a deliberate attempt to misguide the Commission.
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