PROGRESS NEEDED ON INDIGENOUS PEOPLE'S DRAFT DECLARATION, SAY THIRD COMMITTEE SPEAKERS

11 November 1997

Press Release
GA/SHC/3442

PROGRESS NEEDED ON INDIGENOUS PEOPLE'S DRAFT DECLARATION, SAY THIRD COMMITTEE SPEAKERS

19971111 Text Being Discussed in Human Rights Working Group; Two Draft Resolutions on Refugee Issues Also Introduced

Several representatives called for more progress on the United Nations draft declaration on indigenous people being discussed by the working group established by the Commission on Human Rights, as the Third Committee (Social, Humanitarian and Cultural) this afternoon considered the programme of activities of the International Decade of the World's Indigenous People. The Committee also heard the introduction of two draft resolutions on refugees.

Addressing the draft declaration on indigenous people, the representative of the United States said the working group on the draft declaration was off to a slow start, but at its meeting in Geneva last week it had agreed to two articles. The United States had recognized the significance that indigenous people attached to the term "peoples" in the declaration. It was willing to accept the use of the term provided the document clarified that its use was not construed to include rights of self-determination or any other rights that might attach under international law.

The representative of Ukraine said that in its present wording the draft declaration could not be considered universal. The draft declaration was heavily oriented towards tribal people. However, there were at least two vast categories of indigenous entities: those waging a tribal way of life in isolated enclaves; and those integrated with the rest of society.

A declaration that allowed for some situations to be exempt from its scope would not meet the universal character of other United Nations human rights instruments, the representative of Brazil said. As for the issue of a permanent forum for indigenous people, he said his country had strong doubts about the establishment of a new and separate forum for indigenous people. Before a new and separate forum was set up, the existing United Nations mechanisms and programmes for promoting and coordinating their rights and developments should be examined.

The representative of the Russian Federation introduced a draft text on follow-up to the 1996 Regional Conference on refugees and displaced persons in

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the countries of the Commonwealth of Independent States (CIS) and relevant neighbouring States. It would have the Assembly urge the United Nations High Commissioner for Refugees (UNHCR) to take into account relevant elements of the Programme of Action, in coordination with the Office of the High Commissioner, the International Organization for Migration (IOM) and the Organization for Security and Cooperation in Europe (OSCE).

By the terms of the other draft resolution, concerning the Office of the United Nations High Commissioner for Refugees and this afternoon introduced by the representative of Finland, the Assembly would condemn all acts which pose a threat to the personal security of refugees and asylum seekers.

Statements were also made this afternoon by the representatives of Finland, Mexico, Guatemala, Papua New Guinea, New Zealand, Chile, Argentina, Russian Federation, Colombia, Guyana and Bolivia.

The representative in New York of the Office of the High Commissioner for Human Rights also spoke.

The Third Committee will meet again at 10 a.m. Wednesday, 12 November, to begin consideration of issues related to human rights, including: alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms; human rights situations and reports of special rapporteurs and representatives; comprehensive implementation and follow-up to the Vienna Declaration and Programme of Action; and the report of the United Nations High Commissioner for Human Rights.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this afternoon to hear the introduction of three draft resolutions on issues related to the Office of the United Nations High Commissioner for Refugees (UNHCR) and elimination of racism and racial discrimination. It will also consider the programme of activities of the International Decade of the World's Indigenous People.

The Committee also had before it the report of the Secretary-General on the implementation of the programme of activities for the Decade (document A/52/509).

By terms of a draft resolution on the follow-up to the 1996 Regional Conference on refugees and displaced persons in the countries of the Commonwealth of Independent States (CIS) and relevant neighbouring States (document A/C.3/52/L.28*), the Assembly would urge the United Nations High Commissioner for Refugees to take into account relevant elements of the Programme of Action, in coordination with the UNHCR, the International Organization for Migration (IOM) and the Organisation for Security and Cooperation in Europe (OSCE). It would emphasize the necessity of fulfilling the recommendations of the Programme of Action relating to ensuring respect for human rights as an important factor in the management of migration flows.

The Assembly would ask the UNHCR to enhance its relationship with other key international actors, such as the Council of Europe, the European Commission and other human rights, development and financial institutions, to better address the wide-ranging and complex issues in the Programme. It would invite international financial and other institutions to contribute to the financing of projects and programmes within the framework of the Programme of Action adopted by the CIS Regional Conference.

The draft is sponsored by Armenia, Belarus, Canada, Denmark, Finland, France, Georgia, Germany, Greece, Italy, Kyrgyzstan, Luxembourg, Norway, Portugal, Russian Federation, Sweden, Tajikistan and the United States.

By the terms of a 71-Power draft resolution on the UNHCR (document A/C.3/52/L.29*), the Assembly would condemn all acts which pose a threat to the personal security of refugees and asylum-seekers. It would call upon States of refuge to take all necessary measures to ensure that the civilian and humanitarian character of refugee camps and settlements is maintained. In addition, States would be called upon to abstain from any activity likely to undermine the character of the camps and, through effective measures, prevent the infiltration of armed elements, identify and separate refugees in secure locations and afford them prompt and safe access to the Office of the High Commissioner and other appropriate humanitarian organizations.

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By other terms of the text, the Assembly would deplore the immense human suffering and loss of life that have accompanied refugee flows and other forced displacements, in particular, numerous serious threats to the security or well-being of refugees, refoulement, unlawful expulsion, physical attacks and detention under unacceptable conditions. It would call upon States to ensure respect for the principles of refugee protection, including the humane treatment of asylum-seekers, in accordance with internationally recognized human rights and humanitarian norms.

The Assembly would stress the importance of international solidarity in protecting refugees, and urge all States and relevant non-governmental and other organizations, in conjunction with the UNHCR, to cooperate in efforts to lighten the burden borne by States that have received large numbers of asylum- seekers and refugees. The Assembly would also call upon States and all concerned parties to refrain from any actions that prevent or obstruct staff of the United Nations, the High Commissioner and other humanitarian personnel from performing their functions.

The draft resolution is sponsored by Andorra, Antigua and Barbuda, Armenia, Australia, Austria, Bahamas, Barbados, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Chile, Costa Rica, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, Ghana, Greece, Grenada, Guyana, Haiti, Hungary, Iceland, Ireland, Italy, Japan, Kyrgyzstan, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Mali, Malta, Monaco, Nepal, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Portugal, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sweden, The former Yugoslav Republic of Macedonia, the United Kingdom and the United States.

By a draft resolution on measures to combat contemporary forms of racism, racial discrimination, xenophobia and related intolerance (document A/C.3/52/L.31), sponsored by the United Republic of Tanzania, on behalf of the "Group of 77" developing countries, the Assembly would categorically condemn the role played by some print, audio-visual and electronic media, particularly the Internet, in inciting acts of violence motivated by racial hatred. It would express unequivocal condemnation of: all forms of racism and racial discrimination and all racial violence, including related acts of random and indiscriminate violence; and all forms of expression of racism, including propaganda, activities and organizations based on doctrines of superiority, attempting to justify or promote racism and racial discrimination in any form.

By other terms of the text, the Assembly would express profound concern at and condemnation of manifestations of racism, racial discrimination, xenophobia and related intolerance against migrant workers and members of their families, minorities, gypsies or nomads, and other vulnerable groups in

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many societies. It would urge all governments and intergovernmental organizations to cooperate fully with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.

The report of the Secretary-General on the implementation of the programme of activities for the International Decade of the World's Indigenous People (document A/52/509) states that one of the main objectives of the Decade is the adoption of the draft United Nations declaration on the rights of indigenous people, currently under discussion in the working group set up by the Commission on Human Rights. Other objectives include: the establishment of a permanent forum for indigenous people in the United Nations system; and the promotion of education as a major means of solving the problems facing indigenous people, together with the promotion and protection of the human and historical rights of those people.

The report states that the United Nations has carried out a series of activities relating to the rights of indigenous people. They include a study on treaties, agreements and other constructive arrangements between States and indigenous peoples, as well as one on the protection of the heritage of indigenous peoples. The question of the environment and indigenous peoples was discussed at the Assembly's nineteenth special session on Agenda 21, held in June. One of the priorities of the Office of the United Nations High Commissioner for Human Rights is to promote and ensure an ongoing dialogue between governments and indigenous peoples.

In its last session, the Commission on Human Rights considered for the second time the agenda item entitled "Indigenous issues" and adopted six major resolutions concerning indigenous peoples. It also recommended that the High Commissioner for Human Rights organize a workshop for research and higher education institutions, focusing on indigenous issues and education, in collaboration with the United Nations Educational, Scientific and Cultural Organization (UNESCO) and other relevant United Nations bodies.

At its session in August, the Subcommission on the Prevention of Discrimination and Protection of Minorities considered the item on the human rights of indigenous peoples and recommended that its working group on the indigenous populations should cooperate with the Commissions's working group on the draft declaration on the rights of indigenous peoples. It also recommended that its working group should continue to address at future sessions indigenous health and other important questions, such as indigenous education and language, land rights and nutrition.

In other recommendations, the Subcommission proposed the earliest possible adoption of the draft declaration on the rights of indigenous people and urged the Office of the High Commissioner for Human Rights to convene the international workshop of indigenous journalists by early 1998. It also recommended that: the coordinator for the Decade consider holding a special

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fund-raising meeting to encourage contributions to the United Nations Trust Fund for the Decade and the United Nations Voluntary Fund for Indigenous Populations; and the Commission on Human Rights adopt a draft decision recommending that the High Commissioner for Human Rights organize a seminar on the draft principles and guidelines for the protection of the heritage of indigenous peoples.

The report states that the fifteenth session of the Subcommission's working group on indigenous populations, held in July and August, considered the evolution of standards concerning the rights of indigenous peoples, health and indigenous peoples, as well as the "concept of indigenous peoples". Regarding that concept, the working group took note of the general consensus among participants that it was not yet possible to arrive at a universal definition. In addition, the report details the activities undertaken in 1997 by the Office of the United Nations High Commissioner for Human Rights, operational activities of the United Nations system, including the regional commissions, and the activities of Member States and non-governmental organizations.

Statements

PURIFICACION QUISUMBING, representative in New York of the High Commissioner for Human Rights, reported on implementation of the programme of activities for the Decade of the World's Indigenous People and introduced the General Secretary's report on the item.

ANTTI RYTOVUORI (Finland), speaking on behalf of the Nordic countries, (Denmark, Iceland, Norway, Sweden and Finland), said the review by the Secretary-General had shown the need to establish a permanent forum for indigenous peoples. More efforts were needed to preserve, protect and promote indigenous cultures.

Many forums existed for the participation of indigenous people at both the national and international levels, he continued. Yet, the home for indigenous cultures -- the arctic regions and the tropical rainforests -- faced large-scale exploration and exploitation of their rich natural resources. Finding a reliable and efficient means to assess the social impact of development on indigenous cultures would help assess the situation. Indigenous peoples were in a special category that was not fully covered by such documents as the United Nations Covenant on Civil and Political Rights. It was important to adopt standards specifically pertaining to their situations through the draft declaration on the rights of indigenous peoples.

MARIA ANTONIETA MONROY (Mexico) said her country recognized the value of indigenous peoples. The culture of a country came from its indigenous people, and protecting the rights of those people, both in terms of property and heritage, was a priority of the global community. It was also a priority to her country,

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which had established a wide range of educational and health programmes for its indigenous people, as well as a programme to recognize public land rights and a national development programme that provided for their comprehensive needs and rights.

It was important to provide for indigenous people in a way that was based on their own initiatives and proposals, she said. Respect for their rights and cultures had to be promoted and maintained. That had been considered at the highest level of the Ibero-American Conference, when it addressed the rights of the indigenous Pueblo Indians of Latin America and the Caribbean. Her Government had contributed to the Fund and to the programme of activities for the decade. It supported the draft proposal on the rights of indigenous people and establishment of the permanent forum.

JULIO MARTINI (Guatemala) said in his country there were signs of greater indigenous organization and participation. A national indigenous fund for Mayan development, in existence since 1994 when the Decade was launched, was being administered by a bipartite Government/Mayan body. It allowed local committees to implement projects in such areas as health and electricity, developed with a Mayan perspective and based on priorities set by those communities. In addition, a national committee had been set up to draft guidelines for the Decade. The Agreement on the Identity and Rights of Indigenous People, signed in December last year, highlighted constitutional reforms that recognized the linguistic and cultural diversity of Guatemala. It had been an important step in the country's history.

Educational reform with emphasis on bilingual education for the indigenous people was another important area in which progress was being made, he continued. Commissions on sacred sites and on indigenous land areas started work in April and would submit guidelines to the Government in those areas. The Government and UNESCO had developed linguistic programmes aimed at the displaced indigenous people who had been uprooted during the Guatemalan conflict. The Guatemalan Constitution mandated the drafting of a specific law for the indigenous people, which would strengthen the state of law and ensure full recognition for the rights of the Mayan, Garifuna and Xinka people.

MARCIA MUIR (Papua New Guinea) said the present predicament of the indigenous people was a direct result of many factors, particularly the hegemonic expansionism of the last 200 years. Many had been driven from their lands, pushed to the outskirts or completely wiped out. The imposition of new laws governing land tenure and the new modes of economic production had further marginalized them. The international community had considered the situation of indigenous people in a timely manner. However, more resources were needed to support their training and education.

She said her Government supported all efforts to include indigenous people in the work of the United Nations. That included the work being done

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under the Convention on Biological Diversity on protecting and sharing the benefits from traditional knowledge. In Papua New Guinea, indigenous minorities spoke more than 900 distinct languages, living in rural communities of between 500 to 10,000 people. Those ethnic groups collectively owned 97 per cent of the land resources of Papua New Guinea.

The Constitution assured that the rights and interests of the indigenous people were not negated, she said. A delicate balance must be reached between the need to protect the rights and interest of landowners and the need to distribute the benefits of resource development nationally. That must be done within acceptable constitutional and legal parameters, aimed at achieving mutual economic gain and peaceful co-existence.

VLADYSLAV ZOZULYA (Ukraine) said the importance of the issue of indigenous people could not be underestimated, because national minorities contributed to the stability of multi-ethnic societies, especially in countries with economies in transition. The issue was directly related to national and international security.

The working group established to finalize the text of the draft declaration had hard work ahead, he said. At present, there was no consensus on the concept, due to the lack of a generally accepted definition of indigenous people. There were definitions and descriptions, and those could serve as the basis for elaborating guidelines, but the pivotal element was the question of self-determination.

Self-determination was a fundamental principle of international law, he continued. However, self-determination was not to be construed as the right to actions that would impair a sovereign State. A code of conduct presupposing the right to internal self-determination had been confirmed. A common understanding of that right should emerge with evolving international law. There were at least two vast categories of indigenous entities: those waging a tribal way of life in isolated enclaves; and those integrated with the rest of society. Therefore, the issue of the self-identification of people was valid as an additional criterion, not a fundamental one. The draft declaration was heavily oriented at tribal people. Thus, in its present wording it could not be considered universal.

SHIRLEY ROBINSON HALL (United States) said the working group on the draft declaration was off to a slow start, but at its meeting in Geneva last week it had agreed to two articles. The United States had recognized the significance that indigenous people attached to the term "peoples" in the declaration. It was willing to accept the use of the term provided the document clarified that its use was not construed to include rights of self- determination or any other rights that might attach under international law.

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The expansive approach regarding participation on the working group was positive, she said. Also positive was the establishment of a process enabling groups to participate directly in the working group. Summarizing national initiatives on behalf of indigenous Americans, she concluded by urging countries to achieve a strong declaration on the rights of indigenous people. Protecting and fostering the world's diverse indigenous people was not only the moral thing to do, but it was an act of self-preservation.

ROGER BALL (New Zealand) said his country was committed to the goals of the Decade and was pleased with the progress in mainstreaming indigenous issues within the United Nations major programmes and activities. Those agencies that had not yet taken concrete steps to contribute to the Decade's goals, should do so. His Government had made financial contributions to the Decade's Voluntary Fund, as well as the Fund for Indigenous Populations, although he was concerned about the management and administration of the voluntary funds in the human rights field. While achieving progress on the draft declaration on indigenous people had been difficult, he hoped that the declaration would be supported by States and indigenous representatives and be applicable in all parts of the world.

At the national level, his country had been active in furthering the objectives of the Decade, he continued. A committee of the main Maori organizations had been established to coordinate the effort, in consultation with the Ministry of Maori Development. Particular priority had since been given to Maori language and education, to which grants of almost NZ $1 million had been made. New Zealand would host an international conference on indigenous health next year, as well as the Fifth World Indigenous Youth Conference.

The settlement of claims by Maori groups under the Treaty of Waitangi aimed to recognize past breaches and help restore to indigenous New Zealanders their economic base and their cultural identity. In addition, the Government had provided mechanisms to protect land subject to Maori claims. All those developments aimed at increasing opportunities for Maori to participate fully in the economy and in decision-making at all levels of New Zealand society.

RICARDO NEIVA TAVARES (Brazil) said his Government was committed to the promotion of the rights of indigenous people who, in Brazil, amounted to approximately 330,000 persons in 215 ethnic groups, speaking about 170 languages. The Government was also committed to pursing its constitutional obligations to protect the indigenous people against acts of violence and to demarcate their lands. More than 11 per cent of Brazil's territory -- roughly 1 million square kilometres -- was now reserved for the permanent use of the indigenous people. The national action plan for human rights provided for specific action on their behalf, particularly in the fields of health and education.

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The implementation of the programme of activities for the Decade would depend on the allocation of human and financial resources, he continued. The coordinator of the Decade should continue efforts to ensure the involvement of United Nations bodies in the programme of activities. Periodical evaluations of the Decade's activities would be important for identifying possible obstacles to the sustainable development of indigenous people and to propose solutions to overcoming those problems. The Decade must be more than a symbolic gesture; it must contribute to a new era of sustainable development and full respect for indigenous rights.

He went on to say that Brazil had strong doubts about the establishment of a new and separate forum for indigenous people, functioning in parallel with the working group of the Subcommission on Prevention of Discrimination and Protecting Minorities. Before Member States took any decisions on the issue, attention should be devoted to improving the existing United Nations mechanisms and programmes for promoting and coordinating the human rights and development of indigenous people. In addition, the proposed declaration must be universally acceptable and politically realistic. A declaration that would allow for some situations to be exempted from its scope would not meet the universal character of other United Nations human rights instruments.

EDUARDO TAPIA (Chile) said a forum was needed for indigenous people, because the work of the Decade had to be concluded before the decade was out. Little progress had been made in the working group on a draft declaration. However, two articles had been adopted on the first reading at the recent meeting in Geneva. Perhaps that was an indication that the rate of progress was increasing.

National action was needed, in addition to international initiatives, he said. In Chile, a land and water fund had been set up to give land back to indigenous people, in addition to implementation of a development fund and mechanized farming. Grants to students had increased and homes had been provided to Mapushe miners. In addition, there was a Mapuche national congress and a dictionary of Mapushe symbols was planned. Those were a few of the things done in Chile, a country focused on creating a multicultural society. The main objective was to give indigenous people what they deserved, after much delay.

MONICA PINTO (Argentina) said there were 16 ethnic groups in 12 provinces in her country, which represented 1.5 per cent of the population. The rights of the Argentine indigenous people were inscribed in the Constitution. In addition, a national plan for indigenous people had been established.

She said the national plan had three phases: returning control of the land to the people; addressing the legal rights of indigenous people; and improving education, which included bilingual teaching. That basic plan was

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adapted to the situations of specific people in various parts of the country. The programme showed Argentina's dedication to the rights of its indigenous people. Worldwide, she was concerned by the lack of statistics on indigenous people.

IVAN V. KHRYSKOV (Russian Federation) said his country was home to dozens of indigenous minorities and, as such, was aware of the need to look after the rights and interests of those groups. The negotiations in the working group of the Commission on Human Rights on the draft declaration had not been easy, but that was expected when a new international treaty was being drafted. The declaration should ensure the unique rights of indigenous people, who should participate in the drafting process. He supported the Decade's programme of activities, and commended the specialized agencies for their involvement in a number of those activities.

A national committee had been set up in the Russian Federation to coordinate the implementation of activities, he said. A plan of action for the Decade had been adopted, which took into account legal issues relevant to the indigenous minorities in the north of the country, as well as issues related to the health, welfare and revitalization of ethnic cultures. One of the unresolved issues was that of a permanent forum for indigenous people in the United Nations. However, the discussions on that issue had been yielding positive results.

ALEJANDRO BORDA ROJAS (Colombia) said since the Decade had been proclaimed his Government had undertaken activities to implement the United Nations resolutions for indigenous people. For example, it had participated in the working group established to draft the declaration on the rights of indigenous peoples, as well as the recent seminar on the establishment of a permanent forum for indigenous people. As another example of his Government's efforts, he described a meeting convened in Leticia, Colombia in December 1996 on issues related to indigenous people and the administration, preservation and sustainable development of all types of forests. More than 100 delegations, including representatives of tribes from tropical forests areas and indigenous groups from around the world, had participated, he said. The main objectives were to contribute to the Intergovernmental Panel on Forests and to make proposals for action. The meeting also promoted the implementation of Agenda 21 and focused on such areas as land use, forest management and the causes of deforestation.

He said that the autonomous Guambiano people, who lived in the north of Colombia, in the department of Cauca, had been subjected to the negative impact of the poppy crop, including the destruction of the region's rich vegetation. Cooperative projects had been set up for the benefit of the community and efforts had been made to destroy the crop. Such developments were in line with the national alternative development plan and the campaign to combat drugs.

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PAULETTE HOADES CORNETTE (Guyana) said it was essential to establish a machinery to coordinate the activities of governments, regional organizations, associations of indigenous people and all other interested groups. Indigenous people occupied a special position in contemporary society, because many had suffered severely as a direct consequence of colonization. The principle of consultation and collaboration between Government and the indigenous population was well entrenched in Guyana. The declaration on the rights of indigenous people should serve as the focal point for the remainder of the Decade. It should address health, education and language concerns, as well as land. Further, consideration of the draft should be as expeditious as possible, to allow for early adoption.

PEGGY MALDONADO (Bolivia) said her country had been active in protecting the rights of indigenous people. National programmes had been established along with legislation, protecting Bolivia's indigenous people as an integral part of the population. The constitution was being published in the native Amora language and a course in indigenous law was being offered with support from the Voluntary Fund for the Decade. Her country had given $5 million to the fund for the development of the indigenous Pueblos of Latin America and the Caribbean, although the expenditure was a great financial hardship. It was time to recognize the richness and value of the world's indigenous people.

Introduction of Draft Texts

ANDREI A. NIKIFOROV (Russian Federation) introduced the draft resolution on the follow-up to the 1996 Regional Conference on refugees and displaced persons in the countries of the Commonwealth of Independent States (CIS) and relevant neighbouring States. He called for its adoption by consensus.

IRMELI MUSTONEN (Finland), on behalf of the Nordic Countries and the draft's 90 co-sponsors, introduced the draft resolution on the Office of the United Nations High Commissioner for Refugees. She said the broad co- sponsorship of the draft text reflected the global concern for refugees and the universal support for the Office of the High Commissioner. The co-sponsors hoped that the draft text would be approved by consensus.

The following States were added as co-sponsors: Afghanistan, Albania, Burkina Faso, Colombia, Cote d'Ivoire, Croatia, Guatemala, Guinea-Bissau, Kenya, Malawi, Morocco, Mozambique, Nicaragua, Republic of Korea, Romania, Suriname, Turkmenistan and Uganda.

RADHIA N. MSUYA (United Republic of Tanzania), on behalf of the Group of 77 developing countries and China, said the group was not ready to table the resolution on measures to combat contemporary forms of racism.

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