COMMISSION ON HUMAN RIGHTS CONTINUES DISCUSSION OF INDIGENOUS ISSUES
Press Release
HR/CN/786
COMMISSION ON HUMAN RIGHTS CONTINUES DISCUSSION OF INDIGENOUS ISSUES
19970407 (Reproduced as received; delayed in transmission.)GENEVA, 2 April (UN Information Service) -- Government ministers from Guatemala, Togo, the former Yugoslav Republic of Macedonia and Latvia told the Commission on Human Rights this morning of progress in their countries in the area of fundamental liberties.
Marta Altolaguirre, Minister for Human Rights of Guatemala, said the situation in the country had changed rapidly and a number of measures had been introduced to sanction human-rights violations of an especially grave nature, such as enforced disappearances. Progress also had been made to protect the rights of indigenous peoples and other minority groups, she said.
Ephrem Seth Dorkenoo, Minister for Justice and Human Rights of Togo, told the Commission that his country had introduced legislation to create institutions to protect human rights. However, the human, financial and logistical resources needed to establish further institutions were insufficient, he said, and international help was needed.
Ljubomir Danailov Frckoski, Minister for Foreign Affairs of the former Republic of Macedonia, called for closer cooperation between the United Nations and regional organizations in protecting human rights. The conclusion of Special Rapporteur Elisabeth Rehn that the situation in the country was better than elsewhere in the region would lead to the recommendation that the former Yugoslav Republic of Macedonia should be exempted from her mandate, he argued.
Valdis Birkavs, Minister for Foreign Affairs of the Republic of Latvia, praised the pivotal role played by the Centre for Human Rights in setting standards for the human rights infrastructure of his country. Latvia would apply such standards vigorously, he added.
The Commission also continued this morning its discussion of indigenous issues, with speakers expressing support for a draft declaration on the rights of indigenous people and for the establishment of a permanent forum to deal
with these questions within the United Nations. Participants also addressed the activities programmed in the framework of the International Decade of the World's Indigenous People, proclaimed by the General Assembly in 1994.
Delegates of the following countries addressed the meeting: Brazil, Canada, Argentina, Nicaragua and Mexico.
Representatives of the following non-governmental organizations also delivered statements: International Association of Educators for World Peace, Saami Council, Pax Christi International, Society for Threatened Peoples, Liberation, and the International Educational Development.
The Commission will reconvene this afternoon at 4:30 p.m. following a working group meeting. The Minister for Foreign Affairs and Trade of Papua New Guinea will address the Commission.
Statement by Minister for Human Rights of Guatemala
MARTA ALTOLAGUIRRE, Minister for Human Rights of Guatemala, said the situation in Guatemala had changed rapidly; a year ago the country's Foreign Minister had told the Commission that a major goal of the Government was fulfilling human-rights commitments and commitments to the peace process under way. The willingness of the other negotiator, the Unidad Revolucionaria Nacional Guatemalteca (URNG), had made it possible to complete the process last December, with the signing of an agreement -- the last of a series. Those agreements in total amounted to an ambitious Government programme focused on human rights and sustainable development, and addressed many aspects of life in the country.
Following a comprehensive agreement on human rights a campaign had been waged against impunity, including investigation of many State officials, army officers, and police officials; disbanding of armed bands, and capture of smugglers and practitioners of organized crime, Ms. Altolaguirre said. A crime of torture had been incorporated into the criminal code; and legal provisions had been reformed to introduce sanctions against human rights violations of an especially grave nature, such as enforced disappearances. Security forces personnel had been dismissed for participation in particular crimes; judges had been dismissed on corruption charges; the old decree establishing civil defense committees had been repealed, and demobilization of the committees had been carried out. First steps had been taken to provide compensation for victims of various human rights abuses.
Progress also had been made to protect the rights of indigenous peoples and other minority groups, the Minister said. Preparatory commissions had been established to work with municipalities on matters directly affecting indigenous peoples, and a National Council of Mayan Elders had been recognized to work with the Government on specific areas of interest. A Commission to
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Clarify Past Human Rights Violations, led by Christian Tomuschat, had been set up and would begin work shortly.
Serious problems remained, including extreme poverty and a lack of public security, Ms. Altolaguirre said. There had been an upsurge in crime and in some regions of the country there was a shortage of civil authority. The Government, however, was addressing these difficulties and wished to reaffirm its commitment to human rights. It further realized that to achieve its objectives it needed continued international support.
Statement by Minister for Justice and Human Rights of Togo
EPHREM SETH DORKENOO, Minister for Justice and Human Rights of Togo, said his country was committed to promoting human rights, as development was not possible if they were violated. The momentous political changes the world had witnessed since the beginning of the 1990s had given rise to hope among the international community. However, the ever growing number of refugees, displaced persons, and the resurgence of terrorism and criminal actions were all threats to the future status of human rights. The investigations and the work carried out by Special Rapporteurs and the different working groups of the United Nations played an important role in the search for appropriate solutions to these problems.
The political experience acquired since the advent of the democratic process in his country had highlighted that ignorance of human rights was at the source of social and humanitarian crises, he continued. Taking this into account, Togo had spared no effort to ensure the dissemination by numerous State institutions of human rights principles. Particular attention had been paid to the promotion of the rights of children and women, as well as public liberties such as union rights and freedom of the press. In conjunction with the Centre for Human Rights, training seminars had been held on, among other things, international standards in the administration of justice and the role of the armed forces in the promotion and protection of human rights.
In addition, the Minister said, the Government had begun to introduce legislation to create institutions to protect human rights. In 1996, a Constitutional court had been created to, among other things, guarantee the fundamental rights of citizens and ensure public liberties. The Togolese Government was determined to introduce further institutions, but these required important human, financial and logistical resources; he hoped the cooperation agreements that his country had initiated with the Centre for Human Rights would allow it to ensure that these new institutions saw the light of day.
The full enjoyment of human rights was dependent on the level of economic development and the realization of social progress, Mr. Dorkenoo added. The rights to work, to education, to health and to food underpinned
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his country's efforts to redress the economic situation in order to bring about sustainable and harmonious development.
Statement by Foreign Minister of Former Yugoslav Republic of Macedonia
LJUBOMIR DANAILOV FRCKOSKI, Minister for Foreign Affairs of the former Republic of Macedonia, said his country welcomed the statement of United Nations Secretary-General Kofi Annan on the occasion of the opening of this year's session of the Commission, in which he said he would be a "champion of human rights and will ensure that human rights are fully integrated in the action of the Organization in all other domains". The correlation between respect for human rights and the maintenance of peace and stability was clear, and for this reason, preventive action was of pivotal importance. The issue which still remained open was the correlation between economic, social and cultural rights on the one hand, and civil and political rights on the other. The well-known triad of "Human Rights, Democracy, and Development" must acquire its real meaning.
Given the important role of non-governmental organizations and human rights defenders, he said, they should be supported. This year would be marked by the adoption of an instrument to protect the safety of human rights defenders.
Mr. Frckoski called for closer cooperation in the field of human rights between the United Nations and regional organizations such as the Council of Europe and the Organization for Security and Cooperation in Europe. A joint approach could be envisaged in the sphere of minority rights, as suggested by his country at last year's Commission.
The need for a regional review of minority rights had been understood by Elisabeth Rehn, Special Rapporteur on human rights in the former Yugoslavia, he went on. Her efforts had, to a large extent, contributed to providing a clearer picture on the situation of human rights in his country. Her view that the human rights situation in his country was completely different from, and better than, the situation in other countries of the region, would result in a recommendation to exempt his country from her mandate. That would show that the international community was willing to welcome and encourage positive examples, for in an extremely hard situation in the Balkans, the country had managed to make respect for human rights a priority. In line with its commitment to respecting and promoting human rights, his country was a State party to all fundamental United Nations conventions on human rights as well as to the European Convention on Human Rights and the Framework Convention for the Protection of National Minorities.
Statement by Foreign Minister of Latvia
VALDIS BIRKAVS, Minister for Foreign Affairs of Latvia, said Latvia had
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previously voiced its support for reform initiatives concerning the Centre for Human Rights. Further reforms were necessary, and Latvia was ready to continue its support of the Centre, which had played a pivotal role in setting standards for the human rights infrastructure of the country.
Mr. Birkavs said that Latvia had a strong political will to apply the maximum human rights standards in its action to build the national framework for observance and protection of human rights and fundamental freedoms. A National Programme for the Protection and Promotion of Human Rights had been drawn up, with the National Human Rights Office with broad authority as its cornerstone. The Office aimed to improve the general human rights situation and to carry out public education and information work.
The Minister emphasized the importance of regional cooperation and the role of regional organizations in the field of human rights. Regional cooperation was a way of bringing national issues out into a wider arena, he said, adding that Latvia placed particular importance on establishing and maintaining a good dialogue within its region. Latvia believed the Centre for Human Rights could and should continue to widen and deepen cooperation with regional human rights organizations. The potential gains were mutual.
Mr. Birkavs said that under no circumstances should the United Nations human rights institutions and mechanisms be exploited as an arena of political point-scoring for domestic consumption. If one country became, for political reasons, the target of another, the international human rights mechanisms of the United Nations and other bodies might lose their credibility and their effectiveness.
Statements in Debate
MARIA HELENA PENNA (Brazil) said her country, a multi-ethnic and multi-cultural society, attached great importance to the protection of its indigenous population. The rights of these indigenous people to "ethno-development" and to the preservation of the cultural identity depended on a series of other rights and legal guarantees, including constitutional rights and the rights to possess land and to dignified living conditions. The land question was essential: indigenous lands covered a total of more than 11 per cent of the national territory, which was equivalent to France and England put together. Out of 554 indigenous areas officially recognized, 223 -- about 460,000 square kilometres -- had been defined, confirmed and registered. Another concern of the Government was health and education for the indigenous: the Ministry of Agriculture and the Foundation for the Indians had developed a programme to support productive and farming activities by indigenous people. Problems remained, but as Brazil's co-sponsorship of the General Assembly resolution on the Decade showed, the country was committed to the promotion of indigenous people.
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WAYNE LORD (Canada) said the creation of a separate agenda item on indigenous issues was a necessary affirmation of their importance in the eyes of the international community. A major activity of the Decade for Indigenous Peoples, and a priority for Canada, was the adoption of a draft universal declaration on the rights of indigenous peoples. The second session of the open-ended inter-sessional working group elaborating the draft had been another positive step towards the common goal of adopting a strong and effective declaration. It could not be over-emphasized that the participation of organizations of indigenous peoples was critical to the success of efforts to elaborate a declaration. Canada would be pleased to introduce a resolution authorizing the working group to meet for 10 days prior to the fifty-fourth session of the Commission. Canada would also support the continuation of the mandate for the Working Group on Indigenous Populations; and co-sponsor the annual resolution on the International Decade of the World's Indigenous People.
ZELMIRA MIREYA REGAZZOLI (Argentina) said Argentina supported the forthcoming workshop on a permanent forum for indigenous people within the United Nations to be held in Chile. The possibility of resolving the problems indigenous communities encountered while exercising their rights could only be achieved with international communication, an establishment of basic standards and a sincere commitment on the part of States. Argentina had introduced constitutional reforms in 1994 to recognize the rights of indigenous peoples. Argentina had 650,000 indigenous people belonging to 16 ethnic groups. They were actively participating in the constitutional process aimed at recognizing their role in and their contribution. The reforms included allowing indigenous peoples to own land on which they lived; the Government was also giving back land. There were, moreover, provisions on education and primary health care. Indigenous people could also go to court to protect their rights.
DANILO ROSALES DIAZ (Nicaragua) said the country was multi-ethnic, multilingual, and multicultural: more than 10 per cent of the population consisted of different ethnic groups. Nicaragua thus supported Chile's offer to host a second workshop on a permanent United Nations forum for indigenous peoples. The proclamation of the International Decade of the World's Indigenous People in 1994 meant the calls of vast numbers of indigenous peoples had been heard; it meant that in Latin America great efforts must be made to help the millions of such peoples there, as the time had long been ripe for action. In Nicaragua, Constitutional and legal reforms had been aimed at improving and protecting the rights of indigenous peoples. Now there was a statute on the autonomy of indigenous regions in the country. Furthermore, the rights of indigenous peoples to their identities and culture, and to administer their affairs and to have traditional forms of communal land ownership, were recognized in the Constitution. Freedom religion and rights to natural resources also were recognized. It was acknowledged that there had to be a balance between the rights of indigenous peoples and the territorial
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integrity of the State and other State concerns, but in Nicaragua it was felt that such interests could be resolved to mutual satisfaction if there was sufficient will.
TONAJIUH ROMERO REYES (Mexico) attached high priority to the question of indigenous peoples and believed that the treatment of this matter under a single agenda item at the Commission strengthened international cooperation to overcome the various problems facing them. There should be within the Decade practical measures and firm commitments to promote and respect the legitimate aspirations of indigenous peoples and remove obstacles like marginalization and backwardness with strict respect for their cultures and traditions. Mexico's commitment to the needs of indigenous people was reflected in constitutional provisions which recognized the multi-cultural nature of the country and protected indigenous rights. Mexico's consistent position was that political negotiations were the sole means to resolve the conflict in Chiapas; the dialogue in Chiapas had only been temporarily suspended, and the Government wished to emphasize its willingness to continue it.
WILDA SPALDING, of the International Association of Educators for World Peace, said bombs were not the only things that gouged the land and brought death to people. For years, her organization and other non-governmental organizations had emphasized the need for the United Nations system to give as much weight to natural, sacred spaces as they to did to man-made sacred places and artifacts like monasteries, temples and mosques. The lands on which many indigenous peoples had lived for generations not only gave rise to political, territorial claims but were also deeply connected to the soul of their peoples's sacred ways. Some governments had recognized this sacred relationships, with the United States "Indian Religious Freedom Act" setting an excellent precedent. However, efforts to enforce that law had not been successful. Evidence of this was the order issued by a United States court to evict traditional Dine people from the Big Mountain land they held sacred. But the Dine and the Hopi, who also claimed the land, were determined to work to find a mutually respectful way to protect the land they both considered sacred. United States Permanent Representative to the United Nations Bill Richardson, originally from the Big Mountain region, should use his special knowledge of indigenous people and the issues to encourage the Federal courts to allow time for the traditional Dine and Hopi elders of the area to work out a solution respectful to each other and to the land.
Representatives of the Saami Council, said establishment of a permanent forum for indigenous peoples was a key issue, and the Saami Council welcomed the offer of Chile to hold a workshop on the matter. Adoption of a declaration on indigenous rights also was of great importance; however, due to the rules imposed, indigenous peoples, communities, and organizations had difficulty participating fully in the process of developing the declaration; this should be changed, as the General Assembly had called for. Appointment of a Special Rapporteur on indigenous land rights should be authorized by the
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Commission, as land and natural resources were the most fundamental concerns to such peoples. A Special Rapporteur on indigenous peoples also should be appointed, and should report to the Commission on measures taken by States in efforts to resolve problems faced by indigenous peoples; on initiatives taken to facilitate dialogue; and on the implementation of the objectives of the International Decade of the World's Indigenous People. The Saami Council also wanted to highlight the positive steps taken in the peace process in Guatemala, although much remained to be done and the mandate of the Commission's independent expert should be extended.
AMINA NASIR, of Pax Christi, said the growing number of indigenous organizations allowed to participate in the Commission's working group elaborating the draft declaration was a welcome development. However, during the second session of the working group last October, indigenous representatives had been left out of the decision-making process. The full participation of indigenous peoples was crucial and should be ensured at future sessions of the working group. As for the permanent forum for indigenous peoples, it should not, once created, restrict itself to the question of human rights in the narrow sense, but also deal with social, economic, cultural and political issues.
ISAK CHISHI SWU, of the Society for Threatened Peoples, said the occupation of free Nagaland by Indian and Burmese forces had lasted fifty years; Nagas were a distinct Mongoloid race, were the first settlers of the land in question, had had their nationhood recognized by the British and even by India; had overwhelmingly voted for independence in a plebiscite; and had been invaded by thousands of armed Indian troops in 1954, resulting in thousands of deaths, some by violence and others by starvation. In 1995, Nagaland had again been declared a "disturbed area" and another 50,000 Indian troops had been stationed there; simultaneously, Burmese troops were stepping up operations in the east in a joint effort to crush the Nagas. Recently, at last, Indian and Naga representatives had agreed to discuss a political solution on an unconditional basis, at the Prime Ministerial level, somewhere outside of India. Nagas did not demand anything from India, but defended their right to self-existence; if both sides were prepared to acknowledge the facts of the issue, it was certain that the matter could be resolved. That was the way to peace and a fair solution.
SHASHA CHOUDHURY, of Liberation, said the indigenous peoples of Assam, Manipur, Tripura, Nagaland, Megahlya, Aruchnal Pradesh and Mizoram in the southeastern Himalayas had been subjected to the colonial oppression of the Indian State following the departure of the British in 1947. Legislation such as the Armed Forces Special Powers Act (Assam and Manipur 1958) empowered soldiers to kill any person on mere suspicion once an area was declared "disturbed". The Act had been used to commit gross human rights violations against the indigenous populations. These communities were becoming minorities in their own lands due to the systematic transfer of population;
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the onslaught of the dominant Indian culture in the name of "national integration" was another threat to the indigenous identity. At the moment, the Indian army, paramilitary and police were fighting an internal war, codenamed "Operation Rhino", against the forces of the indigenous peoples of Assam. Extrajudicial killings, rape, torture, arbitrary arrest and arson had become the routine practice of the unified Indian command in the region.
MICHAEL CHAMBERLAIN, of International Educational Development, said he represented a Mexican human-rights network called "All Rights for All"; there were some 56 indigenous groups in Mexico who made up some 10 per cent of the population, and who were also the poorest of the country's poor. There been official recognition of indigenous peoples in Mexico only since 1992, although other measures had left them defenceless against rapacious land developers. One result of the maltreatment of indigenous peoples was the revolt in Chiapas. There were some 5,000 troops in some 30 camps in Chiapas, a state of affairs that destroyed the social fabric completely. Now women were afraid to leave their homes because of the risk of rape; checkpoints and other troop activities hindered daily life, and there had been increases in prostitution and other destructive social activities. Negotiations to resolve the problems in Chiapas had not made progress recently for lack of Government commitment to the dialogue and to indigenous rights. Meanwhile, elsewhere in the country, indigenous peoples suffered from the same kind of low-intensity warfare waged by the army in Chiapas. The international community must ensure respect by the Mexican Government of indigenous rights, and should call for a visit to the country by the relevant Special Rapporteur.
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