COMMISSION ON HUMAN RIGHTS BEGINS DISCUSSION OF INDIGENOUS ISSUES
Press Release
HR/CN/785
COMMISSION ON HUMAN RIGHTS BEGINS DISCUSSION OF INDIGENOUS ISSUES
19970402 Debate Concludes on Rights of Detainees; Numerous Countries Speak in Exercise of Right of Reply(Reproduced as received.)
GENEVA, 1 April (UN Information Service) -- The Commission on Human Rights began this afternoon its annual debate on the rights of indigenous people, with a series of speakers calling for completion of draft United Nations declaration on the subject.
José Urrutia, Chairman-Rapporteur of the working group which has inherited the task of preparing the declaration from the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities, told the Commission that the text as originally presented did not make it easy to discuss, and there was a need to create a "climate of trust" if tangible progress was to be made. Even the matter of whether the term should be "indigenous people" or "indigenous peoples" was not resolved, and Mr. Urrutia noted that he was using "indigenous peoples" without prejudice to the other formulation.
China attributed difficulties experienced by the indigenous to fallout from European colonialism and called, as did several other countries, for a firm definition of who such peoples were. A representative of Ukraine remarked that in non-colonial situations, everyone was "indigenous", dating at least from the post-Great Invasions epoch, and said the draft declaration as now worded was heavily oriented at tribal people and therefore could not be considered "universal".
Other topics frequently raised were the possible establishment within the United Nations system of a permanent forum for indigenous peoples, and programmes carried out under the United Nations International Decade of the World's Indigenous People, which began in 1994.
Earlier, the Commission concluded three days of debate on the rights of detainees -- including questions of torture and other ill-treatment -- with an avalanche of rights of reply: 14 countries spoke in response to allegations
made against them, with several taking issue with this morning's guest address by Bill Richardson, United States Ambassador to the United Nations at New York.
Delegates of the following countries addressed the meeting: Iran, Ukraine, Denmark (on behalf of the Nordic countries), Chile, Russian Federation, China, Bangladesh, New Zealand, Peru, Switzerland, Estonia, Spain, Australia, and Malaysia.
Representatives of the following non-governmental organizations also delivered statements: Movement Against Racism and for Friendship Among Peoples; African Association of Education for Development; International Indian Treaty Council; World Society of Victimology; World Federation of Democratic Youth; International Falcon Movement; Indigenous World Association; Indian Law Resource Center; Permanent Assembly for Human Rights; Asian Cultural Forum for Development; International League for Human Rights; World Council of Churches; International Organization for the Development of Freedom of Education; American Association of Jurists; International Federation of Rural Adult Catholic Movements; International League for the Rights and Liberation of Peoples; Inuit Circumpolar Conference; International Work Group for Indigenous Affairs; and International Organization for Indigenous Resource Development.
Speaking in exercise of the right of reply were delegates of Ethiopia, the Philippines, China, Chile, Bahrain, Malaysia, Tunisia, Turkey, Morocco, Nepal, Cuba, Palestine, Myanmar, and Iraq.
The Commission will reconvene at 10 a.m. Wednesday, 2 April, to continue discussion of indigenous issues. In addition there will be addresses by the Minister for Human Rights of Guatemala, the Minister of Justice and Human Rights of Togo, the Minister of Foreign Affairs of the Former Yugoslav Republic of Macedonia, and the Minister of Foreign Affairs of Latvia.
Indigenous Issues
The Commission began this afternoon its general debate on indigenous issues. Under this agenda item was a report (document E/CN.4/1997/101) of the High Commissioner for Human Rights and the Coordinator of the International Decade of the World's Indigenous People on activities undertaken within the United Nations System; it noted that one of the objectives of the International Decade was the adoption of the draft United Nations Declaration on the Rights of Indigenous Peoples and the establishment of a permanent forum for them within the United Nations to allow them to discuss matters of interest with Governments and contribute to the promotion of peace and prosperity; and reviewed activities carried out in 1995 including establishment of the Voluntary Fund for the Decade; the convening of a
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Technical Meeting in Geneva in June; observation of the International Day of Indigenous People for the first time on 9 August; and staging of an inter-agency meeting on Indigenous peoples was held in July.
Another objective of the Decade is the adoption of the draft United Nations declaration on the rights of indigenous people, which is currently under discussion in a working group of the Commission. A report the Commission received today (document E/CN.4/1997/102), summarizes the debate at the second meeting of that working group (21 October to 1 November 1996). At the opening of that meeting, indigenous representatives called for the immediate adoption of the "draft declaration on the rights of indigenous peoples" as adopted by the Subcommission in 1994 without change, amendment or deletion as a statement of minimum standards. According to the Indigenous Caucus at the meeting, all indigenous nations, peoples and organizations present regarded the draft declaration as adopted by the Subcommission as the minimum standards for the promotion and protection of the fundamental rights of indigenous peoples. The Caucus called upon all participants at the session to engage in a general debate on the fundamental issues and concepts of the draft while clarifying that indigenous peoples would not engage in a dialogue which would dilute or change the draft. In his closing statement, the Chairperson-Rapporteur of the Working Group, José Urrutia (Peru), stated that the delegations of Governments and indigenous peoples representing millions of human beings were undertaking a fundamental and innovative process which would produce important changes in contemporary international law. He underlined the importance of looking for new and imaginative ways of strengthening the participation of indigenous peoples in the working group. He also stressed the need for flexibility and dialogue between all the participants. In his capacity as chairperson, he undertook to hold informal consultations with representatives of Governments and indigenous organizations over the ensuing 12 months, in order to build upon the dialogue that had been initiated.
Presenting the report, Mr. URRUTIA said the first meeting of the working group in 1995 had made it possible to have a general reading of the draft declaration where the broad lines of the positions of countries were made known. Among the conclusions that had emerged, it had been agreed that the very general manner in which States expressed their positions was not practical to serve as a basis for negotiations. None the less, despite differences, many aspects of the text offered less difficulty than expected, and there were major areas of convergence. However, the draft declaration as originally presented did not make it easy to discuss. There was a need to create a "climate of trust" if tangible progress was to be made. Even the matter of whether the term should be "indigenous people" or "indigenous peoples" was not resolved -- he was using "indigenous peoples" without prejudice to the other formulation.
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Mr. URRUTIA said that in the second session of the working group last autumn, the discussion had been planned on the basis of those articles of the draft that offered less difficulty. By not taking up sensitive topics at the onset, the group had made rapid progress possible and created a climate of trust. The participants had been urged not to repeat previous positions but to offer new proposals. The basic objectives had been reached: the general debate had been concluded and sufficient practical proposals put forward. However, the second session had also, naturally, encountered difficulties. There were concerns among indigenous peoples about their participation, a concern shared by many Governments which felt that consultations should be maintained with indigenous peoples before the third meeting of the working group.
Mr. URRUTIA said the only possibility of overcoming problems lay in imaginative thinking and in mutual respect among all those involved. The space offered for dialogue had to be strengthened between now and the third session. For substantial negotiations to begin, one had to look at a mechanism for the participation of indigenous peoples. The working group depended on the guidance of the Commission for this.
NINA KOVALSKA (Ukraine) said the adoption of a strong declaration on the rights of indigenous peoples and the establishment of a permanent forum for indigenous peoples within the United Nations system were two central goals of the Decade on the World's Indigenous People. However, the work ahead was complex and time-consuming because there was no consensus on the concepts of the draft. For example, self-determination was a fundamental principle of international law; hard work was needed to develop a common understanding of this right in consistency with evolving international law. Ukraine had reiterated the need of classification of ethnic groups to facilitate national policies in the field of protection of the rights of persons belonging to minorities and of indigenous peoples. In non-colonial situations, everyone was indigenous. The draft declaration, however, was heavily oriented towards tribal people and therefore, in its present wording, could not be considered universal. To make it universally acceptable, this imbalance should be corrected and the text brought into line with internationally recognized human rights standards and domestic laws. Ukraine was ready to contribute actively to the work at the forthcoming session of the working group.
HANS-PAVIA ROSING (Denmark), speaking on behalf of the Nordic countries, said indigenous issues were now a separate agenda item on the Commission's agenda. Progress had been made, but further action was still needed in various areas. The Nordic countries urged the Commission to take quick and decisive steps towards the establishment of a permanent forum for indigenous peoples within the United Nations system. The Commission should also welcome the offer by Chile to host a second workshop on the establishment of a permanent forum. Such a body should have a broad scope and mandate, covering
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issues such as development, the environment, culture and human rights. The Nordic countries also regarded the adoption of a declaration on indigenous rights as another major objective of the Decade and found it unfortunate that no breakthrough towards an early adoption of a strong declaration had yet taken place. The Centre for Human Rights, non-governmental organizations and governments were urged to continue to do their utmost to ensure the widest possible access for indigenous representatives to the working group. The Nordic countries were already contributing to the United Nations Voluntary Fund for the International Decade and urged others to do the same.
LUIS LILLO (Chile) said the situations indigenous people found themselves in meant they were very vulnerable, and deserving of special protection. There should be speedy establishment of a permanent forum for them within the United Nations, and completion of a declaration protecting their rights. Serious efforts had been made by the working group on the declaration, especially given the serious obstacles; but at the last session, Chile had been concerned to see signs of intolerance emerging. Indigenous organizations were feeling frustration over the lengthy delay in development of the declaration; however, the progress of discussion and negotiation by Governments was an essential stage if the document was ultimately be approved by the General Assembly -- it was important to remember that, and to remind indigenous groups of the necessity of this method of achieving compromise. A permanent forum within the United Nations would help greatly to coordinate work under way to help indigenous peoples. Chile had offered to host a second workshop on establishing such a forum, and hoped the Commission would accept this invitation.
VALERIA RYKOVA (Russian Federation) said Russia was aware of its responsibility for the indigenous people living in the country and it tried to safeguard their rights. Russia attached much significance to the draft declaration for indigenous peoples; the status of work on the draft declaration illustrated that joint efforts of countries and representatives of indigenous peoples was important. Russia supported the broad participation of indigenous peoples in work on the declaration. Russia believed the quickest avenue to finalize the draft declaration lay in finding mutual interests, rather than in making demands. Russia had established a national committee to carry out planned activities to mark the decade for indigenous peoples. One of the most important pending issues was the question of establishment of a permanent forum for the indigenous; discussions had shown that there was no mechanism to deal permanently with indigenous issues in the United Nations system and no appropriate way for indigenous peoples to participate. This was the strongest argument for approving a permanent forum.
LONG XUEQUN (China) said indigenous issues by and large were a result of the colonialist policies carried out in modern history by European countries, especially in America and Oceania. Even today, many indigenous people were
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still subject to discrimination and remained in vulnerable situations; Chinese people of all ethnic groups had suffered from invasion and occupation of colonialists and foreign aggressors, but after arduous struggles had driven them away. In China there were no indigenous people and therefore there were no indigenous issues. The declaration on the rights of indigenous people, once approved, would constitute another important instrument in the field of human rights; China believed the working group on the declaration should take full account of the draft submitted by the Subcommission on Prevention of Discrimination and Protection of Minorities but also be open to suggestions by national delegations and organizations of indigenous people. As work continued on the draft, the definition of "indigenous people" and the scope of application of the declaration merited sufficient attention. China hoped that the working group would reach a consensus text and submit it to the Commission for adoption at an early date.
MIJARUL QUAYES (Bangladesh) said that one perspective on the issue of indigenous rights was a settler-indigenous dichotomy -- a forcing of culture by outsiders on indigenous peoples, with poverty and loss of rights resulting. There were different levels of activity among different United Nations agencies on the rights of indigenous peoples; but Bangladesh was not certain programmes were founded on a firm base, since it was still not entirely clear who qualified as "indigenous" -- some groups were self-identified, perhaps falsely, other entire nations might consist of indigenous peoples. Bangladesh had requested information on how the figure of 300 million had been selected for United Nations use in referring to the number of indigenous persons, but no response had been received. In a sense, Bangladesh itself consisted of indigenous peoples, and if that was true, half that figure could be accounted for by Bangladesh alone. It also had to be accepted that certain groups could be vulnerable, victimized, and deprived of rights but not be indigenous. Pretenders had to be eliminated, and it was time for criteria to be set to define the term. A Native American stereotype should be avoided; the best approach appeared to be to define such peoples as those overrun by invaders or colonizers and who had suffered as a result.
RENE WILSON (New Zealand) said his country was committed to national and international action to mark the International Decade of the World's Indigenous People. It supported those agencies and bodies of the United Nations system which had given increased priority to activities that focused on indigenous issues and in some cases prepared specific programmes in consultation with indigenous people. New Zealand had made a substantial commitment towards addressing indigenous issues: the first year of the Decade in 1995 had been designated in the country as the "Year of the Maori Language", with 500,000 New Zealand dollars being provided to the Maori Language Commission and another 400,000 New Zealand dollars allocated to help fund a national Maori language survey. The draft United Nations declaration
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on the rights of indigenous peoples was a standard-setting process of great importance to many indigenous peoples.
LUIS CHAVEZ (Peru) said there were 72 ethnic and linguistic groups in his country. The rights of indigenous peoples in Peru were protected by the Constitution; they had judicial rights over their lands. The working group on a draft declaration on indigenous people had made significant advances in the past year, with its constructive suggestions to regroup issues and delay discussion on more controversial issues until a later stage. He shared the concerns of certain delegations regarding the participation of indigenous people in the working group; while their participation was important, it should not lead to sterile discussions. Meanwhile, a permanent forum for indigenous people should be created within the United Nations; Peru welcomed the holding of the next meeting on such a body in Chile.
JEAN-DANIEL VIGNY, observer for Switzerland, said his country adhered to the two principles of the current Decade on Indigenous People: the adoption of a United Nations declaration on the rights of indigenous peoples and the creation of a permanent forum dedicated to indigenous peoples. This forum would allow these peoples, in all their diversity, to express themselves in front of the international community. The declaration was important because existing international instruments did not fully guarantee the physical or cultural survival of indigenous people. The rapid adoption of a substantial declaration on the rights of indigenous people must be followed by a commitment by indigenous people to respect these rights. The tense debate on terms such as "peoples" and "self-determination" had delayed the rapid adoption of the declaration in the course of the current decade. As for the question of cultural diversity, the federal structure of Switzerland and the underlying principle of subsidiarity presented one clue to addressing it. Even if there was no such thing as an ideal political system, the principle of subsidiarity brought an adequate response to the legitimate demands of ethnic, linguistic and religious groups, as well as of indigenous peoples.
MALLE TALVET (Estonia) said her country was pleased the problems facing indigenous peoples and communities around the world were finally getting the attention they deserved. All concerned had to concentrate their endeavours to meet the objectives of the decade for indigenous people -- they had waited for too long for their declaration and were impatient with the inaction of the Commission. Even if the declaration would not be legally binding, indigenous people hoped that once adopted, it might exert some moral pressure on governments and their conditions might change. In many parts of the world, the situation of indigenous people was critical. If this was not radically changed in the very near future, the survival of many peoples would be problematic. There was much to be done: even in countries with long democratic traditions and fully developed civil societies, eradicating the vestiges of past repression and eliminating the negative factors that
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threatened the social and cultural identity of indigenous people was not any easy task. International cooperation in the search for solutions to these problems was extremely important, especially in countries where human rights were neglected or all together absent. To facilitate cooperation, governments should not arbitrarily hinder contacts among indigenous people themselves nor their contacts with groups and individuals who worked for the improvement of their situation. The need for a permanent forum for indigenous people was self-evident; Estonia appreciated Chile's offer to host the second workshop on the proposed forum.
JUAN GONZALEZ DE LINARES (Spain) said the General Assembly, the World Conference on Human Rights in Vienna and other forums had called for the establishment of a permanent forum for indigenous people within the United Nations. Spain supported this proposal and recognized the importance of including indigenous peoples in all activities leading to its establishment. Indigenous people should formulate their own strategies, while focusing on their intellectual and cultural property. Spain had contributed $5 million to this end. The first international conference on intellectual property rights of indigenous people would take place in Madrid next September to deal with this complex question. Among other subjects, the conference would discuss the commercialization of traditional indigenous knowledge through piracy and the lack of protective legislation in this area.
JOHN CAMPBELL (Australia) said his country had initiated a process of reconciliation between indigenous peoples and non-indigenous Australians aimed at fostering dialogue, building understanding, exploring ways of advancing reconciliation and addressing economic and social problems affecting Aboriginal and Torres Strait Islander peoples. In May 1997, the Australian Reconciliation Convention would have as its theme "Renewal of the Nation". The goal was a united Australia which respected the land; valued the Aboriginal and Torres Strait Islander heritage; and provided justice and equity for all. Australia's national indigenous peoples organization, the Aboriginal and Torres Strait Islander Commission, has the responsibility for coordination, planning and implementation of Decade activities in Australia and had, as one of its objectives, the task of increasing the awareness of indigenous rights and concerns among the wider community.
PETUUCHE GILBERT, of the Indigenous World Association, said the draft declaration on the rights of indigenous peoples had been in development for too many years. More prolonged debate could diminish important principles which principles must be adopted by the General Assembly within the time frame of the International Decade. The draft declaration should use the term indigenous "peoples" and must retain its current, frank principle of self-determination. There should be a permanent forum for indigenous peoples within the United Nations, and it should have a broad mandate; the study under way on treaties with indigenous peoples must be completed. It also was
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necessary to discuss two specific problems in the United States: a coal-mining permit issued in New Mexico would allow destruction of a religious pilgrimage trail to the sacred Salt Lake and so greatly harm the rights of the Acoma and Zuni Pueblo peoples; and the right to economic development in the form of casino gambling currently could not occur on Indian reservations in the United States without state and federal Government approval; this violated the principle of self-determination of indigenous peoples, and such colonial domination must cease.
DALEE SAMBO DOROUGH, of the Indian Law Resource Center, commended the Inter-American Commission on Human Rights for its serious efforts to advance indigenous human rights in the Western Hemisphere, including the adoption of an American Declaration on the Rights of Indigenous Peoples. This development was encouraging but the American Declaration proposed by the Inter-American Commission was not completely satisfying because of some shortfalls. The Indian Law Resource Center also was concerned that governments would mobilize their forces to undermine and weaken the existing text. These governments were urged to be open-minded and to begin extensive consultations with indigenous peoples regarding this. In the United Nations standard-setting process, the participation of indigenous peoples was equally critical. Measures to ensure this participation should not be viewed in a negative fashion because indigenous peoples could make an important contribution to the United Nations.
HORACIO RAVENNA, of the Permanent Assembly for Human Rights, said various criteria had been used to determine who were indigenous peoples, but the organization thought the most telling criteria should be that of a status of victim; in the United States, for example, indigenous peoples had been created when settlers arrived; the previous order had been destroyed and a new order built with white people at the top; there had been a terrible relationships elsewhere, as well, between colonizer and colonized. In Argentina, indigenous claims were broad and covered protection and recovery of land, equality of rights, and other issues. An interstate organization had been set up supposedly to help indigenous peoples in a region rich in gold and other resources; however, the Government of Argentina had forced this corporation to hand over 100,000 hectares for private activities, and there had been a confrontation with indigenous peoples; some indigenous leaders had been prosecuted and evicted from their land. The corporation, known as the CIP, must be made to respect indigenous rights, and the indigenous leaders should be freed; the justice system should investigate the matter. Reports had been received, furthermore, of human-rights violations about a research project carried out by a university involving sending blood samples of indigenous peoples to Brazil.
SUHAS CHAKMA, of the Asian Cultural Forum on Development, said the most oppressed people in the history of mankind were indigenous peoples, yet the
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sense of moral outrage that was called for was missing; it was primarily because Governments at the national level had failed to address the problems involved that indigenous peoples had been forced to come to the UN. An example of Government obfuscation was the International Peace Conference on the Chittagong Hill Tracts held in Bangkok in February; the Government of Bangladesh had put pressure on the Government of Thailand not to issue visas to the Jumma and Bengali indigenous participants, and consequently none could participate. A permanent forum for indigenous peoples should be established within the United Nations, and the Commission should authorize the holding of a second workshop on the topic, in Santiago, Chile, in June, as proposed; it also should approve the resolution before it on the study of indigenous land rights. The Forum was also concerned about denial of participation of many indigenous organizations in the working group on the draft declaration on the rights of indigenous peoples, and was disturbed by consistent attempts by Asian Governments to water down the rights of indigenous peoples.
BILL BARKER, of the International League for Human Rights, said Australia's international rhetoric on human rights contrasted starkly with the limited domestic implementation of its international obligations. This revealed a serious disregard for the human rights of indigenous people. Successive Australian Governments had failed to observe Australia's obligations with respect to indigenous people under the Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. One of the most serious forms of human rights abuse against indigenous people in Australia was the forced removal of children from their families, which had continued until the 1960s. And while Australia's highest court had ruled that indigenous peoples retained common law title to their traditional lands in some circumstances, the present Government only reluctantly accepted legislation which gave minimal effect to that judgement, all the while intending to amend the legislation to wind back the rights of indigenous peoples.
EUGENIO POMA, of the World Council of Churches, said the creation of an agenda item for indigenous issues and the Commission's commitment to take seriously the voice of indigenous peoples were to be commended. The draft declaration on the rights of indigenous peoples should be adopted in its present form and the permanent forum for indigenous peoples should be promptly established. He regretted the walkout by indigenous peoples at the 1996 open-ended inter-sessional working group meeting on the draft declaration; this had been a direct result of the lack of meaningful participation of the indigenous within that forum.
CARMEN YAMBERIA, of the International Organization for Development of Freedom and Education, said it was time for the United Nations and the international community to recognize that the presence of indigenous peoples in the Commission took place based on their status as peoples and nations. It was hoped the draft declaration for indigenous peoples would see the light of
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day for the new millennium, because indigenous peoples felt that their decade was going by without results. The international community should join together to achieve these rights. Instead, in many South American countries, there was continued violence against indigenous peoples. It was necessary for the international community to fully support efforts to achieve peace in Mexico, Colombia and Guatemala. With regard to that last country, the group urged that the special mandate for the expert on Guatemala be continued.
MARCIAL ARIAS, of the American Association of Jurists (AAJ), said the AAJ wished to commend publicly the NGOs which allowed indigenous peoples to speak; he was speaking for the World Alliance of Indigenous Peoples and Tribes of the Tropical Forests. Many countries had changed their Constitutions to reflect the rights of indigenous peoples, including a number in Latin America; these Constitutions referred not to NGOs but to peoples; accordingly, in the United Nations and the Commission, indigenous peoples should not be discussed through NGOs but with direct participation of indigenous peoples -- there was an urgent need to change the rules of the Commission to allow this direct participation. Establishment of a permanent forum for indigenous peoples within the United Nations system was obviously critical -- indigenous peoples had had little impact to date on development of international instruments, such as that on biodiversity, which were of concern to them, and a permanent forum could give them a voice. Indigenous peoples' rights should not be sacrificed to arguments over a mere definition in United Nations debates.
PIERRE MIOT, of the International Federation of Rural Adult Catholic Movements, said indigenous peoples were, in the main, rural and farming populations. The indigenous peoples of Asia were the poorest, most marginalized and most oppressed in the world. In the majority of Asian countries, indigenous peoples had to struggle to reclaim their lands, their cultures and their identities. In Burma, the Karen people had been subjected to serious human rights violations. And in the Indian state of Kerala, 27,000 persons had been fighting for their land for the past 20 years while living in inhumane conditions. As stated in a resolution adopted by the Movement's executive committee, " We unite with indigenous peoples who are seeking to defend their lifestyles, their cultures and their ancestral lands".
A representative of the International League for the Rights and Liberation of Peoples, said the indigenous peoples of Chiapas had asked them to transmit a communication to the Commission. As a result of marginalization and deception, an armed conflict between the Chiapas peoples and the Mexican Government had erupted in 1994. The indigenous peoples were demanding their rights to basic services, access to land and respect for their cultural identity. A dialogue had been started with the Government, but it had so far been characterized by a lack of political will from the authorities. Talks had broken down and a spiral of violence unleashed, with security and paramilitary forces attacking indigenous communities. Official figures said
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30 persons had died and 20 had been wounded in the assaults, which had also caused the exodus of whole communities. The League requested the Commission to take an interest in this serious problem and hold international mediation efforts.
HJALMAR DAHL, of the Inuit Circumpolar Conference, said his organization represented 115,000 people living in the high Arctic and divided by four different State borders, but with the same ancestors, culture and language. Many urgent situations affecting communities of indigenous peoples would benefit from standards adopted by the United Nations. The draft declaration on the rights of indigenous peoples had some weaknesses but it nonetheless provided strong support for fundamental rights. On the other hand, efforts to establish a permanent forum for indigenous peoples within the United Nations had not led to any concrete or visible result. The permanent forum should not replace the Working Group on Indigenous Populations; and it must have the necessary mandate and resources to meet its obligations.
A representative of the International Workgroup for Indigenous Affairs, said making indigenous issues a separate agenda item of the Commission was a small but significant step forward in the struggle for indigenous rights. Indigenous peoples welcomed the opportunity to enter into constructive dialogue with the governments responsible for the present situation. The establishment of a permanent forum for indigenous peoples within the United Nations was an obvious need in order to find solutions for injustices done. There was a strong need for indigenous peoples to discuss further the substance of a permanent forum; the workgroup thus supported the resolution calling for a second workshop on the forum to be held in Chile. As for concrete situations, the Commission should pay attention to the developments in the Chittagong Hill tracts and in Tripoura, India, where indigenous inhabitants were struggling for self-determination. Although many of their problems were shared by indigenous peoples in other parts of the world, the indigenous inhabitants of the region were in a particularly vulnerable position due to the lack of respect for their rights on the part of Bangladesh.
J. WILTON LITTLECHILD of the International Organization of Indigenous Resource Development, said indigenous groups had been referred to by the Chairman/Rapporteur of the working group on the draft declaration as "observers", which was regrettable. The organization looked forward to the final report on the United Nations treaty study; it supported the proposed study on indigenous land rights as a natural follow-up to previous studies. The Working Group on Indigenous Peoples should not be disbanded, whatever occurred on the issue of a permanent forum for indigenous peoples within the United Nations system. The organization recommended that the Commission consider supporting Canada's resolution on a third inter-sessional working group for the proposed 10 days so that there might be early passage of a
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declaration on the rights of indigenous peoples; that it support Denmark's resolution for a second workshop on establishing a permanent forum; that it support the proposed study on indigenous land rights; that it support an increased profile for the International Decade for Indigenous Peoples at every opportunity; and that the Commission retain the expert on Guatemala.
HISHAMMUDDIN TUN HUSSEIN (Malaysia) said the world today was treating the plethora of problems facing the indigenous populations with brutal neglect. The inclusion of a new agenda item on indigenous issues by the Commission should give ample opportunity for delegations to deliberate the myriad issues and problems suffered by those populations, who were among the poorest of the world's population. They had also been victims of colonization, discrimination, repression and genocide. Malaysia itself had suffered from the yoke of colonization. The resulting disparities among the various ethnic groups left behind by the colonial master had resulted in terrible race riots in 1969. The Government then started a long-term developmental programme in 1970 and was proud that a number of developing countries had expressed their wish to emulate Malaysia's success in uplifting its indigenous population. There remained a very small segment of Malaysia's indigenous population lagging behind other communities. While the Government would not coerce any indigenous group to join the mainstream society, it did not want to consign any of these groups to a state of benign neglect.
Statements on Rights of Detainees
MOSTAPHA ALAEE (Iran) said the right to freedom of opinion and expression had a significant role in strengthening other rights and liberties. However, there had been a persistent obsession about the scope and boundaries of the right to freedom of expression. Too often there were conflicts stemming from the individual's right to freedom of expression and the interests of the society at large. It was currently established that encouraging moral corruption was not clearly protected by the right to freedom of expression. Yet the freedom of expression had in recent decades been the subject of abuse for immediate political and illegitimate purposes. This had led to the neglect by certain societies of the need to safeguard moral and spiritual values and norms which were the fundamental pillars of human society. This threat emanated, in part, from the evolution of modern telecommunications technology. If effective measures to protect the public interest were not rapidly identified and implemented, the risks to dignity and to a healthy exchange of information would increase dramatically. Protection of freedom of expression required the international community to strike a subtle balance between human rights and public interests. The Commission should explore ways to ensure the responsible use of new audiovisual and information services, including Internet.
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AHMED KHENNICHE, of the Movement against Racism and for Friendship Among Peoples, said that every week in Istanbul, a women's movement, the Mothers of Disappeared Persons, demonstrated and was occasionally attacked by the police. The Turkish Government was embarrassed by this movement; the sooner it found a solution to this problem, the better.
Mr. Khenniche then passed the floor to HEDAYAT MATINE-DAFTARY, who said legislative development provided a clear reflection of the respect accorded to human rights in any particular country. The revised law on Tazi'rat which had come into effect in the Islamic Republic of Iran in July 1996 contained a section on Moharabeh -- war against God -- which prescribed inhuman, cruel and degrading punishments. In the 30 days between 21 February to 21 March 1997, 30 executions had been reported in Iran, including eight of political prisoners.
GHENNET GIRMA, of the African Association of Education for Development, said some countries considered themselves champions of human rights, yet sometimes asserted things without investigation just to cover up for other countries friendly to them. When Bill Richardson, United States Ambassador to the United Nations, had spoken, it had been more clear than ever that there evidently were double standards in human rights, because the United States protected countries that had worse records than Cuba or China in terms of arbitrary detention, extra-judicial execution, and torture. Women were at the forefront in battling against enforced disappearances, refusing to remain silent when their relations were involved -- a famous case was that of the women standing vigil in the Plaza de Mayo in Argentina in 1977. In Africa, according to the Working Group on Enforced or Involuntary Disappearances, there was no country with more than 500 such disappearances, but it should be noted that there was no way of really knowing as long as civil society was not allowed free expression to say what the true situation was.
ROSEANNE OLGUIN, of the International Indian Treaty Council (IITC), said in Sri Lanka, torture of Tamils during detention had become endemic and required urgent attention; the Working Group on Detention and the Special Rapporteur on Torture should pay visits to Sri Lanka immediately, and the long-awaited visit of the Special Rapporteur on extra judicial executions to Sri Lanka should be permitted. In addition, the Sri Lankan Government should provide the United Nations Committee against Torture with the country's first periodic report. In the United States, free exercise of worship had been denied to indigenous peoples who were incarcerated. Although the National Congress of American Indians had passed an emergency resolution calling upon the President and the Attorney General to increase federal protections for Native prisoners, no such protection had been provided; in general the Government was giving Native Americans the "runaround". The IITC also wished to plead once again for the release of Leonard Peltier, who had been unjustly imprisoned for 22 years; the United States Government had admitted to carrying
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out his fraudulent extradition from Canada in 1976 on false affidavits on a charge of murder for which there was no direct evidence.
SYED NAZIR GILANI, of the World Society of Victimology, said the reports of the Special Rapporteurs on torture and involuntary disappearances caused one to ponder at what level one could act to stop these abuses. The question of torture and disappearances in Kashmir deserved the special attention of the Commission. One hundred and thirteen persons had been killed following torture in 1996 in Kashmir. Also, 3,890 persons had been arrested, of which only 697 had been released. There was a new pattern of custodial deaths, arbitrary detentions, disappearances and extra judicial killings that the Commission needed to look into. The World Society of Victimology called on Indian and other non-governmental organizations to consider opposing the practice of torture until death and disappearances in Kashmir. The Commission had to consider that until such time as there was a solution to the dispute over Kashmir, the area's people had to be saved from torture and other cruel, inhuman or degrading treatment or punishment and enforced disappearances.
ABDELBAGI GEBIREL, of the World Federation of Democratic Youth, said a resolution adopted last year on human rights in Nigeria, a measure Nigeria had promised to respect, had been completely disregarded. More people had been imprisoned on political charges than released. Among those in unacceptable conditions in Nigerian jails was the presumed President-elect Chief Moshood Abiola; one-time President General Olusegun Obasanjo, along with forty others after conviction for a fake coup attempt; and 19 Ogonis awaiting trial before the court which had sentenced Ken Saro-Wiwa and eight other Ogonis to death in 1995. Meanwhile, Nigeria had refused to cooperate with United Nations human-rights mechanisms. In Sudan hundreds of people were in Government custody on political charges, kept in secret detention centres known as "ghost houses" where torture was the order of the day. Trials were staged without proper safeguards and appeared to have pre-determined results; Sudan was called on to save the lives of 31 people soon to go before a tribunal in Khartoum. In Turkey, serious human-rights violations, including torture, continued, especially against Kurds; others had been killed in prison. And in Bahrain, reliable reports indicated that torture and death in Government custody were common.
HAMID REZA ESHAGHI, of the International Falcon Movement, said the independence of the judiciary in Iran had been sacrificed at the altar of political power. Article 57 of the Iranian Constitution clearly stated that the executive, legislative and judiciary powers were placed under the control of only one Mullah, who in his role as the "Guide" was at the head of the political apparatus. Evaluating the judiciary of a country with a medieval political system was a very difficult, if not impossible, task. Social repression was the objective of the sanctions imposed by the courts. These were aimed at stifling any protest movements. Basic legal principles,
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including equality before the law and the legality of punishments, were violated.
LOUIS JOINET, Chairman of the Working Group on Arbitrary Detention, responding to comments made regarding the report of the panel, said three questions needed to be faced when considering the future activities of the Working Group: whether the Working Group was qualified to deal with cases of persons who had been condemned to jail sentences; whether the collegiate nature of the Working Group needed to be maintained or the mandate handed over to a Special Rapporteur, and whether the duration of the Working Group's mandate should be maintained or reduced. In the event the Working Group was faced with a closed trial, such as a court martial, it should have access to it as this would allow the Working Group to bring to light any serious violation of legal procedures which would impart an arbitrary character to the sentencing. Given the particularities of national legal systems and that field missions often required one or two years of preliminary discussions, it was important to have an equitable geographic distribution of the Working Groups' members. As to the mandate, it its duration was reduced from three years to 18 months, it would negatively affect the serious work being done and the continuity of the panel's activity. In order to avoid being seen as a supranational jurisdiction, the Working Group should no longer speak of "decisions" but of "advice": Also, it would only examine cases once a sentence of incarceration had been handed down.
Right of Reply
FISSEHA YIMER (Ethiopia) said the Commission had once again been subjected to a rehash of the usual fabrications by the International Movement for Fraternal Union Among Races and Peoples; the Ethiopian delegation would not continue with the charade of taking up once again an issue-by-issue refutation of the fabricated issues. The representative of that NGO was a member of the self-styled Ethiopian Human Rights Council, which was in fact a political organization rather than a human-rights organization; the Government had stated on more than one occasion that it had nothing to do with the internal problems of the confederation of free-trade unions; the same applied to the teachers' union; both groups were resolving their problems; as for political parties, there were 64 registered political parties. As for the misguided NGO speaking before the Commission, it was true it was not registered in Ethiopia; that was because it could not be registered as a human-rights organization, since it was a political organization. The speaker also had distorted the state of affairs regarding a student demonstration against the country's land-redistribution programme.
JOSE V. FERNANDEZ (Philippines) said he appreciated the efforts of the Working Group on involuntary and enforced disappearances, but took exception to paragraphs 287 to 293 of the report (document E/CN.4/1997/34). The case
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of the health worker who had disappeared in Mindanao had been examined by the Philippine Human Rights Commission, which had concluded that the act could not be ascribed to any member of the Philippines Army. With regard to the case of the farmer who had been allegedly arrested while travelling in Misamis Oriental, an area where the army was said to have been conducting military operations against suspected rebels, the Philippines Commission on Human Rights had extended financial aid to the victim's family. Much as the Philippines Commission on Human Rights would have liked to press criminal charges based on circumstantial evidence, it was inhibited from doing so because that might prejudice the pending appeal of the respondents.
NIU LIHUA (China) said he wished to challenge a statement by the Transnational Radical Party made on March 27 by a woman who claimed to be the sister of Wei Jinsheng. The woman had claimed that he was in prison because of his human rights activities. This was simply not true, since it was impossible for anyone in China to be committed for exercising his or her freedom of speech. Wei Jinsheng had been convicted after an open trial of conspiracy, of endangering public security and of attempting to overthrow the Government. Since his imprisonment, his humanitarian rights had been protected and he was in good health. The statements of the Transnational radical Party were nothing but sheer fabrication. China also protested a statement by the Society for Threatened Peoples: their claims were nothing but lies and were not worth refuting.
CARMEN HERTZ (Chile) said a widow, Laura Gonzalez-Vera, had spoken of the murder of her husband in 1976; the delegation wished to offer a few details. First, the Chilean Government had absolutely denounced this hideous crime carried out by the military dictatorship that had dominated the country for 16 years; every effort had since been made by the Government to clear up human-rights violations committed during that period. In reference to that particular case, the Government had exhausted all efforts. The Supreme Court, in keeping with the 1993 amnesty decreed, had made its decision; the Government regretted the decision, but the country functioned in a State of law, and had the Government had to accept it. An offer of moral and material compensation nonetheless had been made to the widow by the Government.
AHMAD AL HADDAD (Bahrain) said the statements made by NGOs referring to the situation in his country lacked credibility and objectivity. The events in his country consisted of gross violations of the law and attempts to destroy the infrastructures of the State; they had led to the death of innocent persons. Nonetheless, persons accused of carrying out such acts enjoyed the right to have a lawyer and receive visits from their families. Moreover, Bahrain had signed a Memorandum of Understanding with the International Committee of the Red Cross which allowed that organization to visit the detainees and meet with them in total freedom. Bahrain was
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committed to human rights, and did not think that a minority should terrorize the majority.
MUSA HITAM (Malaysia) said that in the report on the independence of judges and lawyers concern was expressed about a defamation suit started by Malaysian civilians against the Special Rapporteur, who had invoked his so-called "diplomatic immunity", and others. The suit had been filed by private citizens who felt they had been unjustly defamed. The Malaysian Government was not in any way party to the suit and had no control over issuance of any writ in court. The irony was that, on the one hand, the Government was called upon to intervene in the judicial process, while on the other, it was expected not to interfere in accordance with the principle of independence of the judiciary. Malaysia assured the Commission that it was not its intention not to honour any international convention it was a party to.
KAMEL MORJANE (Tunisia) said Tunisia since 1987 had sought to put civil and political rights on an equal footing with economic, social, and cultural rights, using a realistic strategy; the intent was to establish a civil society in which people's rights were paramount. There had been radical reforms over the last decade to bring domestic law into line with international human-rights instruments; many reforms had focused on the judicial system; political parties had been reinforced in keeping with democracy; Tunisia also had established constructive contacts with a number of recognized NGOs. Much economic progress had been made, along with gains in education and other aspects of life. It was necessary to keep human rights from being politicized; some NGOs were irresponsible and improperly motivated; some had mentioned Tunisia, citing false information and their intent was only to damage the reputation of the country; their criticisms were groundless. The country would continue to strive for true progress in human rights and would continue its reforms.
TUGAY ULUCEVIK (Turkey) said the statement made by the European Union last Wednesday had been a tirade against his country; it displayed a selective attitude at a time when human rights efforts had been vigorously initiated in Turkey. It was manifest in the statement that the European Union felt the need for self-criticism in the field of human rights. But criticizing a member of the Council of Europe which was not a member of the European Union was not self-criticism in the true sense. Unless European Union representatives spoke up on the numerous human rights violations which one witnessed almost on a daily basis in the Union's member countries themselves, the organization was not entitled to enjoy the satisfaction of self-criticism. What legislation or administrative practice had those Governments changed and which effective measures had they enforced so far in order to put an end to the most abhorrent manifestations of racism and xenophobia in European Union
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countries? Had European Union countries acted firmly to put an end to the activities of the terrorist PKK in their respective territories?
NACER BENJELLOUN-TOUIMI (Morocco) said a statement by the International Association of Democratic Lawyers paraphrased in bad faith parts of the report of the Working Group on Enforced or Involuntary Disappearances without putting in any of the positive parts. Morocco was holding a dialogue with the Working Group to resolve all the cases put before them. The non-governmental organization's statement was really propaganda against Morocco. For example, the group spoke of hundreds of disappearances, something Morocco had heard for years. Morocco had requested further information on names, because names in the south were not written the same way as in the north. Sometimes these names were repeated, or they belonged to people who had died in battle. The Working Group was trying to gather information on this issue. Another example was the group's reference to the case of Mohamed Deddache, who they said was still being held on death row in a prison in central Morocco. The delegation, at the request of another non-governmental organization, had asked and obtained permission for him to be transferred to a prison further south. But that prisoner refused to be transferred. So, Why did this group insist in lying?
S. R. SIMKHADA (Nepal) said the delegation would like to respond to the report of the Working Group on Arbitrary Detention on its visit to Nepal. The Group had been invited, although with the purpose of visiting Bhutanese refugee camps; the Government was studying aspects of the report and would send responses to the Group. As for the Group's Chairman and his remarks on visiting the refugee camps, it was hard to grasp the agony of those in refugee camps in foreign countries; they lived with despair and frustration at being unable to return, but the Nepalese delegation was surprised that the Chairman's report did not throw any light on the real problem -- a more complete perspective of the history and situation that led to the refugee exodus had been called for. Talks had been held with Bhutan, but Bhutan had not continued with them for almost a year, although Nepal continued to seek a solution to allow the refugees to return home. The Special Rapporteur on Torture, in his report, also had mentioned Nepal; the Government would respond in detail in writing to the Rapporteur.
CARLOS AMAT FORES (Cuba) said the United States, one of the worst violators of human rights in the world, was engaged in genocidal warfare and terrorist activities; it could not give lessons to Cuba on human rights nor create a new category of these rights. He wondered what thousands of African Americans would think of what the United States called the "exotic rights" to housing, to food and to education. In the United States, Blacks and Latin Americans were deprived of the most basic human rights. Could Cuba's defence
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of its sovereignty and the rights to development and self-determination be called "exotic"?
NABIL RAMLAWI, observer for Palestine, said United States representative Bill Richardson had asked the Commission to do away with the agenda item on Israeli violations of Palestinian human rights in the occupied territories. He had made this request although he knew that the Commission had just recently adopted a resolution about this item reaffirming its priority nature. Thus, instead of addressing Israeli violations of Palestinian human rights, the United States representative had placed himself in contradiction with the concerns and priorities of the Commission without justifying his request that the item be taken off the agenda. The position of the United States concerning Israeli practices led one to doubt the credibility of the American Government, which rather than co-sponsoring the peace process was flagrantly biased.
U AYE (Myanmar) said the United States Ambassador to the United Nations had mentioned Myanmar in his address this morning; it was surprising that such inaccuracies could come from someone who had visited the country and had seen the tremendous progress there. His comments were at complete variance with reality: to refer to the country by an old, now-defunct name was to violate the norms of the United Nations. Myanmar was in the midst of a transformation into a peaceful, modern, developed nation. A national convention with the participation of all was the best approach to this process -- in essence, the rights and choices for the people of Myanmar that Ambassador Richardson had spoken of this morning were in fact being provided to them at this moment. The present Government was transitional in nature, and had no desire to hold the responsibilities of State any longer than was necessary. The Commission had to do away with unfounded accusations, name-calling, and similar confrontational, politicized tactics.
MOHAMMAS SALMAN (Iraq) said in reply to the United States representative's statement this morning that, regarding events in the north of Iraq, his country had been requested by Kurdish leaders to intervene and bring to an end the conflict that had opposed Kurdish factions. This conflict had been fuelled by the United States in order to bring about the dismemberment of Iraq. Furthermore, the continued air and economic embargo was an aggression against his country.
LI BAODONG (China), speaking in right of reply, said this morning the United States representative had abused his status as a guest speaker and had launched unwarranted attacks against China. United States representatives had a bad habit: they were fond of pointing their fingers at other countries, as if their country was the master of the world. It was the people of each country, not the United States, who were the best judges of the state of their human rights. The United States representative probably had forgotten that
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the human rights situation in his country was far from brilliant, as the scourge of racism was still running rampant, as even the United States Government had to admit. Was it not more advisable for the United States representative to take more care of his own domestic affairs and put his own house in order? The representative had said the United States would not seek confrontation with China, but had done just that. One could not have dialogue and confrontation at the same time.
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