PROGRESS NEEDED ON DRAFT RIGHTS DECLARATION, PERMANENT FORUM FOR INDIGENOUS PEOPLE, SAY SPEAKERS IN THIRD COMMITTEE

11 November 1996

Press Release
GA/SHC/3383

PROGRESS NEEDED ON DRAFT RIGHTS DECLARATION, PERMANENT FORUM FOR INDIGENOUS PEOPLE, SAY SPEAKERS IN THIRD COMMITTEE

19961111 Committee Concludes Discussion on Decade of Indigenous People, Approves Text on Membership Enlargement for UNHCR Executive Committee

There must be tangible results on a United Nations declaration on the rights of indigenous peoples and on the establishment of a permanent United Nations forum for them, several speakers told the Third Committee (Social, Humanitarian and Cultural) this morning. The Committee was concluding its consideration of the programme of activities of the International Decade of the World's Indigenous People.

The representative of Denmark, speaking on behalf of the Nordic countries, (Finland, Iceland, Norway, Sweden), said the open-ended working group of the Commission on Human Rights on the draft declaration had concluded its second session without producing any breakthrough towards an early adoption of a strong declaration. The session clearly highlighted that indigenous peoples were concerned that the negotiation process might lead to a weakening of the draft declaration and that their involvement and participation in the process would be eroded.

A number of delegates spoke of the lack of any United Nations body which dealt with the needs of indigenous people in a comprehensive way. The representative of Chile said the Working Group on Indigenous Populations was limited in scope and a permanent forum must be established urgently to fill in the gap. His Government offered to host another workshop to follow up on the one held in Copenhagen in June 1995, which proposed a review of existing United Nations mechanisms and programmes before any decision was made to deepen discussions on a possible permanent forum.

The adoption of a draft declaration would only be possible if there was good will by Member States and a willingness by indigenous peoples to cooperate in finalizing it, the representative of Malaysia said. He questioned whether there was a need for both the Working Group on Indigenous Population and a permanent forum. If the Working Group continued to exist, its role, scope and function should be clearly defined so it did not overlap with a permanent forum.

Colombia, New Zealand, Australia, Ukraine, Brazil, Sudan, Guatemala, Malaysia, Estonia and the Philippines made statements on indigenous peoples.

Turning to other matters, the Committee approved a draft resolution by which the General Assembly would enlarge the membership of the Executive Committee on the Programme of the United Nations High Commissioner for Refugees (UNHCR) from 51 to 53 States. The Economic and Social Council would elect the members at its 1997 organizational session.

The representative of the United States, speaking after the draft was approved, said criteria for membership should take into account whether States had ratified the Convention and the Protocol on the status of refugees.

Also this morning, a draft resolution on assistance to refugees, returnees and displaced persons in Africa was introduced by Cameroon on behalf of the African States.

The Committee will meet again today at 3 p.m. to begin their consideration on the promotion and protection of the rights of children. It will also hear an address by South African Archbishop emeritus Desmond Tutu.

Third Committee - 1a - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to conclude its examination of the Programme of Activities of the International Decade of the World's Indigenous People (1994-2004). The Programme was adopted by the General Assembly in its resolution 50/157 of 21 December 1995. It was also expected to take action on a draft resolution on drug prevention and hear the introduction of draft resolutions relating to refugees, returnees and displaced persons.

By the terms of a draft resolution on international action to combat drug abuse and illicit production and trafficking (document A/C.3/51/L.9), the Assembly would decide to convene a special session for three days in June 1998, to consider the fight against the illicit production, sale, demand, traffic and distribution of narcotic drugs and psychotropic substances and related activities, and to propose new strategies, practical activities and specific measures to strengthen international cooperation in addressing the problem. The Commission on Narcotic Drugs would act as the preparatory body for the special session, which would be funded through the United Nations regular budget, and governments would be invited to make extrabudgetary contributions to meet the preparatory costs.

By the draft, the Assembly would decide the objective of the special session would be to promote adherence by all States to the Single Convention on Narcotics of 1961, the Convention on Psychotropic Substances of 1971 and the United Nations Convention against Illicit Traffic in Narcotic Drugs of 1988. The special session would encourage States to adopt measures to: increase international cooperation to contribute to the application of the law; avoid the diversion of chemicals used in illicit drug production and to strengthen control of the production of and traffic in stimulants and their precursors; promote drug abuse control programmes and policies to reduce the illicit drug demand; prevent and sanction money laundering, in order to implement the 1988 Convention; encourage international cooperation to develop illicit crop-eradiation programmes and promote alternative development programmes; and strengthen coordination within the United Nations system in the fight against drug trafficking and related organized crime, against terrorist groups engaged in drug trafficking and against the illicit arms trade.

In addition, the Assembly would call upon States to intensify their actions to promote effective cooperation in the efforts to combat drug abuse and illicit trafficking, including cooperation with the United Nations International Drug Control Programme and implementation of the Global Action Plan.

The text is sponsored by Algeria, Argentina, Austria, Bahamas, Bolivia, Brazil, Canada, Chile, China, Colombia, Costa Rica, Côte d'Ivoire, Cuba,

Third Committee - 3 - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Finland, France, Germany, Ghana, Greece, Honduras, Iceland, India, Ireland, Israel, Italy, Japan, Kenya, Luxembourg, Marshall Islands, Mauritius, Mexico, Mozambique, Nicaragua, Norway, Pakistan, Panama, Paraguay, Portugal, Romania, South Africa, Spain, Sweden, Turkey, Ukraine, United Kingdom, Uruguay and Venezuela.

By the terms of a draft resolution on assistance to refugees, returnees and displaced persons in Africa (document A/C.3/51/L.13), the Assembly would call on the Secretary-General, the Office of the United Nations High Commissioner for Refugees (UNHCR) and intergovernmental, regional and non-governmental organizations to increase the capacity for coordination and delivery of humanitarian emergency assistance and disaster relief with States and others concerned in respect of asylum, relief, repatriation, rehabilitation and resettlement of refugees, returnees and displaced persons, including those refugees in urban areas. It would also appeal to the international community to respond positively to the third-country resettlement requests of African refugees in the spirit of burden-sharing. The international donor community would be asked to provide material and financial assistance for the implementation of programmes intended for the rehabilitation of the environment and infrastructures in the areas affected by refugees in the countries of asylum.

The Assembly would urge the international community to honour existing commitments and to increase financial and other contributions for general refugee programmes to keep pace with refugee needs. It would call on the Office of the UNHCR and other concerned entities to intensify their protection activities by supporting the efforts of African governments through appropriate capacity-building activities, including training of relevant officers, disseminating information about refugee instruments and principles and providing financial, technical and advisory services to accelerate the enactment or amendment and implementation of legislation relating to refugees.

The Assembly would appeal to governments, United Nations and non- governmental organizations and the international community to create conditions that can facilitate the voluntary return and the early rehabilitation and reintegration of refugees. It would call upon governments, United Nations agencies, non-governmental organizations and the international community as a whole to strengthen the emergency response capacity of the United Nations system on the basis of the experience of the emergency in the Great Lakes region, and to continue to provide needed resources and operational support to refugees and asylum countries until a permanent solution can be found. The Assembly would also request the Secretary-General to submit a comprehensive and consolidated report on the situation of refugees, returnees and displaced persons in Africa to the General Assembly at its fifty-second session and an oral report to the Economic and Social Council at its substantive session of 1997.

Third Committee - 4 - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

The draft is sponsored by Cameroon, on behalf of the Group of African States.

It was also scheduled to hear the introduction of a draft resolution on the enlargement of the Executive Committee of the Programme of the UNHCR (document A/C.3/51/L.14), sponsored by Poland and South Africa. By the terms of the text, the General Assembly would decide to increase the size of the Executive Committee from 51 to 53 States and ask the Economic and Social Council to elect the additional members at its 1997 organizational session.

International Decade of World's Indigenous People

ALEJANDRO BORDA (Colombia) said his country continued to be characterized by its multi-ethnic nature. Its 1886 Constitution recognized the rights of indigenous peoples as citizens equal before the law. However, the 1981 Constitution, negotiations for which three indigenous groups had participated, covered the sustainable management of resources and the safeguarding of ethnic identity, recognized indigenous peoples' languages and dialects as official in their lands, and supported their cultures. The Government had also implemented measures to protect indigenous peoples and to coordinate government machinery to support autonomous, sustainable development and cultural diversity. Resources would be given to various programmes, including education, health and development. Efforts were being made to harmonize western and traditional medicine and governmental and indigenous administrations. Land was very important to indigenous peoples, and their reservations made up 27 million hectares in Colombia. Those reservations had full autonomy on language and adminstration. The Government was assessing the environmental impact of development projects on their land.

LUIS LILLO (Chile) said for a long time indigenous peoples had suffered the greatest poverty of any group in the world. There was no United Nations body which dealt with their needs in a comprehensive way. The Working Group on Indigenous Populations (established in 1982 by the Economic and Social Council as a subsidiary organ of the Subcommission on Prevention of Discrimination and Protection of Minorities) was limited in scope, and a permanent forum must be established urgently to fill in the gap. The Secretary-General, the General Assembly, the Commission on Human Rights and indigenous peoples themselves had all brought attention to the need to establish such a permanent forum. His Government had offered to host another United Nations workshop to follow up on the one held in Copenhagen in June 1995, which proposed a review of existing United Nations mechanisms and programmes before any decision was made to deepen discussions on a possible permanent forum. He called for a swift conclusion of work on a United Nations declaration on the rights of indigenous peoples.

BENNY KIMBERG (Denmark), speaking on behalf of the Nordic countries (Finland, Iceland, Norway, Sweden), said the Decade needed to achieve tangible

Third Committee - 5 - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

results on the drafting of a United Nations declaration on the rights of indigenous peoples and the proposal for the establishment of a permanent United Nations forum for them. Unfortunately, the open-ended working group on the draft declaration just concluded its second session without producing any breakthrough towards an early adoption of a strong declaration. The session clearly highlighted that indigenous peoples were concerned that the negotiation process might lead to a weakening of the draft declaration and that their involvement and participation in the process would be eroded.

He was confident that it would be possible to agree on concrete steps which would effectively address the concerns of indigenous peoples. The Secretary-General's report on existing United Nations activities on indigenous peoples was based on the Copenhagen workshop held in June 1995 and should stimulate the dialogue on a permanent United Nations forum. His Government attached particular importance to the Secretary-General's conclusions. They clearly indicated the need to broaden and intensify consultations on the establishment of a permanent forum. The Nordic countries suggested the Secretariat transmit the report to States well in advance of the fifty-third session of the Commission on Human Rights. They also reiterated their support for a second United Nations workshop on a permanent forum and welcomed Chile's offer to host it.

ELIZABETH WILSON (New Zealand) said the Secretary-General's report on the International Decade of the World's Indigenous People shows evidence that, in a number of United Nations organizations and departments, interest and concern had been translated into concrete programmes specifically tailored to meet the needs of indigenous people. Also, indigenous issues had been mainstreamed within the Organization's major programmes and activities. However, it was not the sole responsibility of the United Nations to fulfil the goals of the Decade; governments and non-governmental organizations must also play their part, as well as the organizations of indigenous people. A key objective of the Decade was to promote increased cooperation among indigenous people, so as to increase their effective role in the resolution of the problems facing them. For this reason, the involvement of indigenous people in the development and implementation of activities under the Decade was important.

New Zealand welcomed the ongoing involvement of organizations of indigenous people in the annual sessions of the Commission on Human Rights working group, considering the draft United Nations declaration on the rights of indigenous people, she said. This was one of the most important activities associated with the Decade. Her Government, in conjunction with other delegations, worked to enable organizations of indigenous people to attend the working group, and it urged the Committee on Non-Governmental Organizations to process outstanding applications for participation as a matter of priority. New Zealand would also like to recognize the work of the Centre for Human Rights, particularly the staff of its "indigenous unit", and to the

Third Committee - 6 - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

Subcommission Working Group on Indigenous Populations. The Working Group had been, for many indigenous people, the key entry-point into the United Nations system.

CHRISTOPHER LANGMAN (Australia) said his country's national indigenous organization, the Aboriginal and Torres Strait Islander Commission, was responsible for coordinating and planning the implementation of the Decade's activities in Australia. Those activities aimed to increase community awareness of indigenous rights and concerns. Australians were developing a better appreciation of the depth and diversity of Aboriginal and Torres Strait Islander cultures, histories, aspirations and concerns, as well as their contributions to the richness of society.

The country had in place a reconciliation process between indigenous and non-indigenous Australians which would continue until the year 2001, he continued. It aimed to foster dialogue, build understanding and address economic and social problems affecting Aboriginal and Torres Strait Islander peoples. A national week of reconciliation had been included in the domestic calender. One feature of the reconciliation process had been the constructive discussions with key sectors of the Australian community. In May 1997, the Council for Aboriginal Reconciliation would hold a convention and 1,000 people from all over the world were expected to attend. The international community should use the Decade as a framework for action to bring the world's indigenous peoples out of the shadow of oppression and marginalization, he added.

VLADYSLAV ZOZULYA (Ukraine) said his Government was convinced that protection and promotion of the rights of indigenous people and national minorities contributed to the stability of multi-ethnic societies, especially in countries with the economies in transition, and directly affected national and international security. The capacity of ethnic, linguistic and religious groups to cooperate was indispensable for the peaceful developments of multi- ethnic societies, as well as the maintenance of good relations between States. Ukraine also paid particular attention to the progress of the intersessional working group of the United Nations Commission on Human Rights on the elaboration of a draft declaration on the rights of indigenous peoples. In order to successfully achieve its task, the group should consolidate the spirit of constructive cooperation between the States and non-governmental organizations. The declaration should include provisions which would strictly prohibit any actions designed to dismember or impair the territorial integrity or political unity of sovereign and independent States.

Ukrainian legislation had created a solid basis for the free development of all its citizens without distinction as to their ethnic origin, sex, religious, linguistic and cultural characteristics, he said. The Government also protected and promoted the spiritual and cultural heritage of other ethnic, linguistic and religious groups of the population which resided in

Third Committee - 7 - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

Ukraine. In order to elaborate this policy, the legislature had established an expert group composed of representatives from appropriate governmental agencies, non-governmental organizations, organizations of indigenous people and scientists and scholars.

CARLOS MOREIRA GARCIA (Brazil) said demarcation of indigenous lands was a fundamental condition for ensuring their sustainable development and for the preservation of cultural diversity. The distinct historical and legal background that determined the relations between indigenous communities and States could not be an excuse not to apply in practice the universality of human rights. His Government was firmly committed to set the limits and demarcate indigenous lands in Brazil, as provided for by its Constitution. More than one tenth of the Brazilian territory -- almost 1 million square kilometres -- was dedicated to the permanent use of the indigenous population. In addition to demarcating lands, the National Action Plan for Human Rights provided for specific action on the behalf of indigenous people, particularly with regard to health, education, respect for social and cultural values, and dissemination of information.

The full implementation of the programme for activities for the International Decade would greatly depend on allocation of human and financial resources to that end, he said. Therefore, Brazil encouraged the Coordinator of the Decade to continue his efforts to ensure the involvement of United Nations bodies in the programme of activities. Periodic evaluations of the Decade's activities would be essential in identifying obstacles to the sustainable development of indigenous people and in proposing solutions. To this end, the Working Group on Indigenous Population should review international activities, and the Economic and Social Council should hold mid-term and end-term reviews of the Decade. The United Nations should also adopt a declaration on the rights of indigenous people during the Decade. Brazil believed that the declaration, as a universal instrument, must be acceptable to the international community and politically realistic.

SHAHIRA HASSAN WAHBI (Sudan) said her Government supported the efforts of the working group which was drafting the declaration and hoped that its effort would be crowned by the completion of a document that would increase the respect and protect the rights of indigenous populations and allow them to keep their cultures and distinct identities. To facilitate this process, the international community must arrive at a definition of the term "indigenous people" that would win a consensus, and also be applicable in the context of international law. While there had been commitments by Member States to respect the human rights of all peoples, including the rights of indigenous populations, some States dealt with indigenous populations with extreme caution. For these States, issues relating to indigenous people could be used to threaten the sovereignty of their States and their territorial integrity. The United Nations must act as the leader in this area and work to reach a consensus on the definition of indigenous people to protect their rights

Third Committee - 8 - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

within the borders of the States in which they live. Establishing the rights of indigenous people did not mean establishing an independent State nor was it the same as exercising the right to self-determination.

The Sudan took note of the Secretary-General's report on the Voluntary Fund for the Decade, she said. While the report did give the amount of assistance given, it did not list the groups or the States to which they belonged. It would have been preferable to have the details and information about these groups and individuals, and this information should be included in the next report, as well as the criteria used to select the individuals who are chosen to receive the assistance.

LUIS FERNANDO CARRANZA CIFUENTES (Guatemala) said his Government had implemented activities and mechanisms to eliminate barriers and unequal treatment suffered by the poor and indigenous people. Those activities included programmes on health, education, social infrastructure, endowment with land and access to credit. A fund for indigenous Guatemalans, established in 1994, had a dual structure of Mayan and government representatives. Its 1995 budget was $5 million and a request had been made for over $11 million this year. A social investment fund financed 30 community bank projects for women, most of them indigenous, which provided access to credit. There was also an educational reform strategy which aimed to eliminate discrimination through bilingual language instruction.

The dissemination of information on programmes of the Decade among indigenous peoples themselves was very important, he said. A Mayan unit had been established with the help of the United Nations Educational, Scientific and Cultural Organization (UNESCO). A congress on Mayan culture had been held to strengthen their lifestyle, contribute to peace agreements and improve human rights and tolerance. The civic and political participation of Mayan people had increased mainly because of their own efforts. Out of 300 existing communities, almost 100 had Mayan mayors. The Government had set up a secretariat of indigenous affairs in the office of the attorney-general to increase their access to the judicial system. A permanent United Nations forum on indigenous peoples was important.

TAN SENG SUNG (Malaysia) said his Government, while acknowledging the complexity of problems faced by indigenous peoples, did not subscribe to the notion that a "universal solution" could be applied to them. Clearly, the problems of indigenous peoples in societies and countries where they ruled and managed their own affairs were distinct from those surviving on reservations or those who had not benefited from decolonization. It was the responsibility of governments to accord full rights, facilities and protection to indigenous people. At the same time, the international community should respect national initiatives and commitments to resolve the problems. Initiatives involving dialogue, consultation and negotiation should be encouraged as they brought reconciliation and national unity.

Third Committee - 9 - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

He said the adoption of a draft declaration on indigenous peoples would only be possible if there was good will by Member States and a willingness by indigenous peoples to cooperate with Member States in finalizing it. He welcomed Chile's offer to host a second workshop on the establishment of a permanent United Nations forum for indigenous peoples. Despite the tremendous amount of resources put into numerous meetings, seminars and workshops on indigenous peoples, some of them were poorly attended. The second workshop should, therefore, have a specific agenda and clear objective and not duplicate the work of the first workshop held in Copenhagen in June 1995. Energies should be devoted to planning and implementing projects which would bring tangible benefits to indigenous people. He was aware of the strong sentiment expressed by indigenous people that the establishment of a permanent forum must not undermine or result in the elimination of the Working Group on Indigenous Populations. However, his Government was not convinced there was a need for both. If the Group continued to exist, its role, scope and function should be clearly defined so it did not overlap with a permanent forum.

HEINO AINSO (Estonia) said eliminating the negative factors that threatened the social and cultural identity of indigenous peoples would not be easy because past prejudices were difficult to change. While guarantees of individual human rights were necessary, they were not sufficient to assure the survival of indigenous people. Therefore, identifying and establishing the sufficient conditions necessary for the survival of indigenous peoples were the vital tasks which needed attention.

The first step should be the adoption of a United Nations declaration on the rights of indigenous people, he said. And it was of the utmost importance that the indigenous people be permitted to participate in the debate on the draft declaration, because it was going to affect their lives and, in some instances, guarantee their survival. A second and equally important objective should be the establishment of a permanent forum for indigenous peoples in the United Nations system. This forum was needed in order to assure that the recommendations and programmes of action of the United Nations bodies were put into effect.

In the Secretary-General's report on the Decade's programme of activities, he stated that indigenous people were largely absent from meetings of the United Nations system and that indigenous peoples had difficulties organizing themselves as non-governmental entities, he said. Therefore, it was imperative that consideration be given for improving the mechanisms that provided a regular stream of information to the indigenous people about activities undertaken at the Untied Nations in their behalf and to open up the system for increased participation by indigenous peoples. Paternalism had no place in the United Nations system.

Third Committee - 10 - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

RUTH S. LIMJUCO (Philippines) said the Global Indigenous and Youth Cultural Olympics/Summit for Peace and Sustainable Development held in Manila in February was attended by indigenous people from all over the world. The theme was "partnership in action". Workshops were also held and practical programmes were developed. These workshops addressed six important areas: cultural identity and arts, land and culture, human rights, education and health, participation, and peace and sustainable development. The Programme for Action contained valuable information about and for indigenous youth. The Government of the Philippines hoped that the Olympics/Summit would aid the adoption of a declaration on the rights of Indigenous people, and that the Manila declaration would contribute to empowerment of indigenous people all over the world.

Draft Resolutions

The representative of Cameroon, speaking on behalf of the members of the Group of African States, introduced the draft resolution on assistance to refugees, returnees and displaced persons in Africa.

He made the following revisions to the draft:

-- In operative paragraph 3, delete the word "their" in the third line.

-- In operative paragraph 5, delete the word "its" in the first line and add the word "the" between "and" and "well-being".

-- In operative paragraph 8, fourth line, add the word "intergovernmental" between "and" and "non-governmental". In the fifth line, delete the word "their".

-- In operative paragraph 10, second line, delete "their".

-- In operative paragraph 11, first line, insert "intergovernmental" between "and" and "non-governmental".

-- In operative paragraph 12, second line, insert "solidarity and" between "the" and "spirit".

-- In operative paragraph 19, sixth line, insert "in Africa" between "countries" and "until".

-- In operative paragraph 22, seventh line, change "of 1997" to "in 1997".

The Committee then approved the draft resolution on the enlargement of the Executive Committee of the Programme of the UNHCR without a vote.

Third Committee - 11 - Press Release GA/SHC/3383 31st Meeting (AM) 11 November 1996

Speaking after action, the representative of the United States said the UNHCR organization was different from others, and it was strong. Following the acceptance of Poland and South Africa, the Executive Committee should examine criteria for membership. One criteria could be that States applying for membership should have ratified the Convention and its Protocol on the status of refugees. Another possible criteria would take into account a State's contributions, in cash and kind, to the UNHCR. Discussion of the criteria should take place in the UNHCR Executive Committee and be forwarded to the Economic and Social Council.

Action on the draft resolution on international action to combat drug abuse, illicit production and trafficking was postponed until Wednesday, 13 November.

* *** *