COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON INDIGENOUS RIGHTS

Press Release
HR/CN/834

COMMISSION ON HUMAN RIGHTS CONTINUES DEBATE ON INDIGENOUS RIGHTS

(Reissued as received.)

GENEVA, 27 March (UN Information Service) -- The Under-Secretary of State for Foreign Affairs of Mexico told the Commission on Human Rights this morning that the promotion and protection of indigenous rights was a fundamental part of Mexico's policy. The comments by the official, Carmen Moreno, came as the Commission continued a general debate on indigenous issues. According to Ms. Moreno, there were 56 ethnic groups and 71 indigenous languages spoken in Mexico. She said that although many indigenous peoples still lived in poverty, backwardness and marginalization, the Government had undertaken to promote economic and social development, especially in indigenous areas, while strengthening the rule of law.

During the discussion, representatives of governments and non-governmental organizations (NGOs) expressed support for the establishment of a permanent forum for indigenous people within the United Nations system. The Commission also hear calls for the quick conclusion of a draft declaration on the rights of the indigenous currently under discussion. Statements were made by the representatives of Peru, Ukraine, Argentina, Chile, New Zealand, Estonia, Spain, Canada and the Russian Federation. The International Labour Organization (ILO) and World Health Organization (WHO) also took the floor, as did the representatives of the following NGOs: Indian Law Resource Centre, International Indian Treaty Council, Franciscans International, International Educational Development, International Movement against All Forms of Discrimination and Racism, Indian Movement Tupaj Amaru, International Organization of Indigenous Resource Development, Inuit Circumpolar Conference, World Council of Churches, American Association of Jurists, International Work Group for Indigenous Affairs, Asian Buddhists Conference for Peace, and Anti-Slavery International.

Statement by Under-Secretary of State for Foreign Affairs of Mexico

CARMEN MORENO, Under-Secretary of State for Foreign Affairs of Mexico, said the promotion and protection of indigenous rights was a fundamental part of Mexico's policy. Mexico was a nation with indigenous roots, and diversity

was its main characteristic. There were 56 ethnic groups and 71 indigenous languages spoken in Mexico. However, many indigenous peoples still lived in poverty, backwardness and marginalization. The Government had undertaken to promote economic and social development, especially in indigenous areas, while strengthening the rule of law. Poverty was part of the reality of Mexico, but the Government had decided that it would not be part of its destiny. It was still necessary to effectively implement the rights of everyone to all opportunities.

Mexico had undertaken constitutional reforms, as well as reforms for Chiapas, and the Government was complying with the agreement of San Andrés which stipulated that the conflict in that area should be resolved without violence and with dialogue, Ms. Moreno continued. The indigenous people had the right to associate freely and could participate in their economic and social development. Their marginalization was not new -- the Government did not expect to solve 500 years of injustice in a few months' time. But Mexico had been the first country in the region to establish a multicultural and multi-ethnic policy.

Ms. Moreno said some NGOs claimed that the conflict and poverty in Chiapas were the result of the economic restructuring policy and the free trade agreement with North America. In fact, the Chiapas conflict had been manipulated: there had been attempts to use it to stop the economic policy reforms and free trade policies of the Government. Mexico wanted NGOs to be part of the solution for the conflict in Chiapas, not part of the problem. It was true that the indigenous people had been victims of historic injustice, but the Government was trying to restructure the economy and participate in the world market. Already the Government's economic policy was having positive results.

Statements in Debate

LUIS-ENRIQUE CHAVEZ (Peru) said in a multicultural, multilingual and multi- ethnic society like Peru's, the protection of the human rights of indigenous people had a special place. The country's Constitution recognized and guaranteed the rights and identities of the indigenous groups. Aboriginal languages were officially recognized in the regions predominated by the respective indigenous peoples; the Constitution recognized the existence of 72 ethnic groupings in the territory and that the society of Peru was one of the most diversified in the Latin American continent, and indigenous communities and organizations had legal status. Furthermore, there was a ministry to promote and protect the human rights of vulnerable groups. Peru was one of the few States parties to ILO Convention 169 pertaining to the rights of indigenous peoples. As for the work of the working group on indigenous people, the drafting of the declaration of the rights of the indigenous had seen significant progress, as remarked by the Chairperson-Rapporteur of the panel yesterday. The proposed permanent forum for the indigenous was also of interest to Peru.

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VLADYSLAV ZOZULYA (Ukraine) said it was a good idea to prevent attempts by representatives of indigenous peoples or NGOs from putting forward charges against governments or raising issues on situations in specific countries during meetings of the working group. Ukraine considered that the draft declaration on the rights of indigenous peoples should make a distinction between those leading a tribal way of life in isolated reservations and those integrated with other societies; and felt that the current draft was heavily oriented towards tribal people and, hence, could not be considered universal. The draft also was permeated with tendencies towards isolationism, hypertrophied aloofness of indigenous peoples, and equally condemned assimilation and integration of such peoples. Ukraine further strongly believed any declaration should strongly prohibit actions designed to dismember or impair the territorial integrity or political unity of sovereign States. Ukraine was struggling to fund and support the return of many indigenous peoples deported from the Crimea at the time of Soviet totalitarianism, and had to admit the process was difficult and took time; the country would appreciate appropriate international assistance.

HERNAN PLORUTTI (Argentina) said the problems faced by the indigenous peoples could only be resolved through concerted international cooperation. The drafting of the declaration on the rights of indigenous peoples and the ultimate establishment of a permanent forum for them within the United nations would be significant measures. The open-ended working group on the drafting of the declaration had so far made encouraging progress, while in Latin America, regional negotiations were taking place on the establishment of a permanent forum. A seminar had been organized in Santiago, Chile, from 30 June to 2 July 1997, with the purpose of advancing the issue of the permanent forum and the manner in which the indigenous peoples would participate. During the seminar, participants had agreed that the forum should have broad mandate so that indigenous participation would be at a high level. The scope of the mandate had also been defined. Argentina, for its part, had undertaken constitutional reforms with a view to broaden the participation and involvement of its indigenous peoples in the development of the nation as a whole.

DOMINGO NAMUNCURA (Chile) said his country was satisfied that the Commission had a separate item on indigenous issues on its agenda, since that reflected the importance that the international community attached to the subject and was a positive sign for cultural diversity. The World Conference on Human Rights had made important recommendations in relation to the indigenous, such as calling for the rapid adoption of a declaration on the rights of indigenous peoples and the establishment of a permanent forum for them within the United Nations to further promote and protect their interests. Chile had participated in those activities. For years, the indigenous people in his country had lived in marginalization, which had seriously affected their development. However, with the return of democracy had come a will to energetically confront the political challenge posed by the extreme poverty and social marginalization of the indigenous people. A law adopted in October

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1993 had led to 6,000 hectares of land being returned to the indigenous; also, hundreds of fellowships had been awarded to them.

ROGER FARRELL (New Zealand) said the country was concerned that for some time now a number of donors had expressed concern about the standard of management and administration of voluntary funds in the human rights field, and hoped those concerns would be considered carefully. The contribution of indigenous peoples to the creation of a draft declaration on their rights was fundamental to its success, and New Zealand hoped progress in the working group would be more apparent after its third session. New Zealand had taken a number of steps in furtherance of the International Decade for Indigenous Peoples -- it had coordinated that work with a committee of principal Maori organizations, and had provided grants for Maori language development and education; it had hosted the Third Worldwide Healing Our Spirits Conference on indigenous health; was focusing on adjusting activities halfway through the decade to make them more effective; and was giving special attention to identifying how its education system could be more responsive to the needs of Maori. It had committed itself to addressing socio-economic disparities between Maori and non-Maori and to reaching fair settlements to grievances.

MALLE TALVET (Estonia) said the draft of the declaration on indigenous rights, although completed by the working group of the Subcommission, had now been in the hands of the working group of the Commission for three years, and the work was far from being finished. At its third session, the group had adopted only two articles, which could certainly be called tangible progress, but was too small an achievement in order for the outcome of the session to be considered as satisfactory. However, extensive debates that took place on many of the principles of the draft declaration were useful in clarifying positions and in developing a climate of mutual trust. Estonia hoped that the drafting process would continue in good spirit and would bear fruit before the end of the Decade for the Indigenous Peoples. Concerning the establishment of permanent forum for indigenous peoples, the Estonian delegation was of the opinion that the need for the forum required no further discussion, whereas the modalities of its functioning needed careful consideration.

CHRISTIAN RAMOS VELOZ, of the International Labour Organization (ILO), said he would present the recent developments in the work of ILO on behalf of indigenous and tribal peoples within the framework of its two Conventions dealing with their rights, namely, the Indigenous and Tribal Populations Convention, 1957 (No. 107), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The activities included a two-year extension of the technical cooperation project to promote ILO policy on indigenous and tribal peoples, funded by the Danish Government. It also included a radio programme to explain Convention No. 169 to indigenous communities in Costa Rica. The ILO would continue working together with United Nations bodies and agencies to strengthen cooperation and coordination among them to improve the situation of indigenous and tribal peoples around the world.

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TED WEBSTER, of the World Health Organization (WHO), said the organization was now reviewing and finalizing a comprehensive programme of action for the International Decade of Indigenous People. It intended to further encourage countries to develop health programmes for indigenous people, taking into account both the need for active participation at the local level in the whole health process and the need for cultural sensitivity of health services and the participation of health-care workers of indigenous origin. The WHO had co-sponsored a Third Healing Our Spirit Worldwide Conference on indigenous health, hosted by New Zealand; it was working on regional plans with the Pan American Health Organization; it was paying attention to related aspects of social justice and equity in access to health care, and recognized that indigenous people considered health as part of a whole -- environment, spiritual dimensions, and culture were involved, as well as individual people.

MARIA NOGUEROL ALVAREZ (Spain) said her country had been actively involved in supporting the integration of indigenous peoples in the process of national development for the construction of democratic and multicultural societies in their respective countries. The Spanish Government had made efforts in helping indigenous peoples to participate in the decision-making related to matters affecting them. It had also organized cultural activities -- including exhibitions and film festivals -- from the point of view of indigenous peoples. Furthermore, Spain had fervently supported the establishment of a permanent forum for indigenous peoples within the United Nations; it hoped the forum would be created before the end of the Decade for Indigenous Peoples. The forum should be broad and at a high level, such as the Economic and Social Council, and should be coordinated by governments and indigenous representatives. Moreover, the forum should enable the indigenous peoples to retain their fundamental legal status through their full participation. The composition of the executive council of the forum should also include governments and indigenous together.

BORIS VOYER, of the Indian Law Resource Centre, said indigenous representatives at the United Nations had generally taken the position that the draft of the declaration developed by the Subcommission's Working Group on Indigenous Populations should be adopted without change. However, there was a critical question facing the future work of the Working Group: how could the panel proceed towards adoption of a declaration on indigenous rights while States were insisting on changing the draft and indigenous representatives were strongly opposed to such change? Indigenous representatives were not willing to negotiate about the text in the sense of trading on language to be included in the declaration, especially where those changes might imply limitations on the human rights of indigenous peoples. But indigenous representatives did believe they should discuss with the States, on an ethical and principled basis, the changes proposed. If the revised text was morally defensible and was the best text of the declaration that could be actually

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adopted, then indigenous peoples and organizations should probably urge that it be adopted.

ROSEANNE OLGUIN, of the International Indian Treaty Council, said the moral underpinning of the International Decade of the World's Indigenous People had not been realized halfway through the Decade. True partnership was based on mutual recognition and consensual decision making; but such partnerships had not yet been implemented within national systems. Recognition of indigenous peoples' right to development, land rights, and self-determination had not been incorporated into the Convention on Biological Diversity, for example, despite their unified stand on the subject; their traditional knowledge had been given no safeguards, and there was no protection for that knowledge from unwanted commercial exploitation. Commercial appropriation of biological resources and rampant non-sustainable development on traditional lands by States and corporations continued unabated; they were a form of "biological piracy". There also had been little progress on establishing a permanent forum for indigenous peoples within the United Nations, and there was hope for more support from countries for the language of the existing draft Declaration on the rights of indigenous peoples, as that language had firm support of indigenous peoples.

PABLO ROMO, of Franciscans International, said acts of non-respect of the rights of indigenous peoples had continued despite the efforts made by the international community. Concern was particularly acute in relation to regions where the economic situation of indigenous peoples was precarious. The right to development of those peoples had been hampered by various reasons, while remedies, such as basic constitutional changes made by some States, did not take into account the wills and the desires of indigenous peoples. In many cases, legislation ignored specific problems of those peoples; furthermore, impunity for violators of the rights of the indigenous peoples persisted. The lack of access to communication, and the monopoly of media in the hands of governments, had limited the consciousness of the indigenous peoples. In addition, military occupation had destroyed the lives of the indigenous in a number of places in Latin America. The 22 December 1997 incident in Chiapas, Mexico, as well as other violations of indigenous rights, often went unpunished.

KAREN PARKER, of International Educational Development, said the situation of the indigenous people of Mexico had continued to deteriorate after the horrifying December massacre of Tzotzil Indians in their village in Chiapas. Two groups in Chiapas were especially affected: people forcibly relocated or displaced by paramilitary groups and national armed forces; and women who suffered from sexual aggression and intimidation at the hands of military forces. The Government should withdraw military and paramilitary forces from the Chiapas region and other areas in Mexico and should implement the San Andrés Accords.

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The representative went on to say that the American Government had continued weapons testing involving depleted uranium in Alaska, despite pleas from 109 Indian Nations in that state to stop. In Hawaii, meanwhile, the United States and the State government actively sought to suppress the sovereignty movement of the Na Kanaka Maoli (Hawaiian) people. The United States and the State government had committed gross violations of the human rights of the Na Kanaka Maoli people.

ATSUKO TANAKA, of the International Movement against All Forms of Discrimination and Racism, said the current situation of indigenous peoples in Guatemala indicated obstacles and limitations to the peace process which must be overcome by concerted and persistent effort by the Government, indigenous peoples, and all institutions and social sectors of the country. One disturbing element was the low level of awareness among indigenous peoples of the content of the Guatemalan peace agreements, especially in rural areas; this lack of knowledge of their rights could hinder implementation of the plan and could keep them from participating actively. Poverty also was a serious difficulty, and it be noted that language barriers made matters worse -- the Government should place special emphasis on educational programmes for indigenous peoples. There was a need for clear-cut operational mechanisms to effectively involve indigenous sectors in implementation of the peace agreements, and the Commission was requested to monitor and provide necessary assistance.

LAZARO PARY, of Indian Movement "Tupaj Amaru", said 15 years had passed since the establishment by the Economic and Social Council of the Working Group on Indigenous Populations within the Subcommission on the Prevention of Discrimination and Protection of Minorities. So far, however, the group had achieved no tangible results with regard to the adoption of a declaration on indigenous rights. Different matters still remained unsolved, such as the issue of self-determination, collective rights, and permanent sovereignty of indigenous peoples over their resources and their lands. The Movement was concerned by the delays and by the watering down of the draft declaration. The Commission should amend its resolution 1995/32 in order to allow its own working group on indigenous issues to speed up its work.

CHIEF JONATHAN BULL, of the International Organization of Indigenous Resource Development, said the issue of a United Nations permanent forum for indigenous peoples be finalized this year and moved on to the Economic and Social Council for approval. The organization also called on the High Commissioner for Human Rights to increase resources for the Indigenous Unit of the United Nations and on Member States to give their political support to such an increase. The Commission should also recommend that the intersessional working group conclude the matter of a draft declaration on the rights of indigenous peoples this year and pass it to the Council for consideration and approval. Finally, the Commission should follow-up the United Nations study on

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treaties with a world conference on indigenous treaties and a United Nations meeting of experts to focus on the current status of indigenous treaties.

AQQALUK LYNGE, of the Inuit Circumpolar Conference, said the group represented 130,000 Inuit from Canada, Alaska, and Greenland, and Chukotka from the Russian Federation; the drafting process of the draft declaration on the rights of indigenous peoples had been going on for 11 years; and after a great deal of time and work, the Circumpolar Conference, along with other indigenous peoples' organizations, had accepted the current text as an expression of the minimum international standards for protection and promotion of their fundamental rights. They respectfully asked that it be adopted by the Commission as it stood, without changes, amendments, or deletions; it was an integrated document to be read as a whole; the article on self-determination was its foundation, and the term indigenous peoples, in plural, was important. Establishment of a permanent forum for indigenous peoples within the United Nations system still had not occurred, and it was hard to see what obstacles remained to reaching that goal.

LINE M. SKUM, of the World Council of Churches, said the Commission deserved congratulations for the way it had persistently broken new ground within the United Nations structure, through the work of the working group on indigenous peoples -- representatives of the indigenous nations and communities had had access to that group in a way not possible elsewhere in the United Nations system. Access, though much more limited, had also been possible within the open-ended intersessional working group on the draft declaration. By their attendance at those meeting, indigenous peoples had shown that they were prepared to take part in United Nations processes -- foreign and difficult though those processes were to indigenous and traditional ways. Their participation represented and enormous contribution, both financially and in terms of human resources, to the work of the United Nations. In addition, the establishment of the permanent forum should not be dogged by anxiety about creating precedents -- those had already been created in that the indigenous representatives were already an important part of the work of the Commission and the Economic and Social Council.

CARLOS ANDRES PEREZ, of the American Association of Jurists, welcomed the Commission's adoption of a specific agenda item on indigenous peoples. That was justice for a large portion of mankind which had long been forgotten, he said. The Commission should adopt a resolution to create an ad hoc group composed of representatives of indigenous peoples and governments which would submit to the Commission next year a report on a permanent forum for the indigenous peoples within the United Nations. The participation of the indigenous people in the intersessional working group on indigenous people should be strengthened, and the mandate of the group renewed.

The American Association of Jurists, he continued, was concerned about the situation of indigenous peoples in many Latin American countries, where

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they suffered a constant deterioration of their economic and social rights. In Mexico, paramilitary groups and the army continued to carry out mass murders, kidnappings and forced disappearances. In Colombia, the leaders of indigenous peoples were murdered and there was intimidation and threats. In Ecuador, transnational corporations continued to violate the rights of indigenous peoples without the State adopting measures to stop it.

MARCIAL ARIAS, of the International Work Group for Indigenous Affairs, said the establishment of a permanent forum for indigenous peoples within the United Nations system still had not occurred; much work and discussion, including the organization of two international indigenous conferences had been carried out by the International Work Group, had gone into the matter; indigenous peoples had consistently wanted full participation in such a forum, and had said the forum should have a broad mandate so that it could cover all matters of importance to indigenous peoples; the level of the Economic and Social Council was the most appropriate for carrying out such a mandate. The Commission should establish an ad hoc group to draw up a proposal for such a forum, for approval and submission to the Council. The draft declaration on the rights of indigenous peoples should be completed and approved and the progress of the International Decade should be reviewed carefully in order to increase opportunities for its goals to be met.

MINNIE DEGAWAN, of the Asian Buddhist Conference for Peace, said that in the Philippines, despite the passage of new law that supposedly sought to recognize the rights of indigenous peoples, meaningful change had not been seen. One saw the new law as nothing but a means to facilitate the further exploitation of the resources found within the ancestral lands of the indigenous people. Unbridled resource exploitation was the order of the day, with dams, logging concessions, mining and tourism related projects flooding the territories. Many of the peoples were being forced off their lands without any provision for relocation or compensation. That was the case of the San Roque Dam project, which threatened to displace thousands of Ibaloi people from their lands.

AUCAN HUILCAMAN, of Anti-Slavery International, said the report of the seminar on indigenous peoples held in Chile in 1997 (documents E/CN.4/1998/11 and Add.1) reflected the substantively different opinions voiced. Indigenous organizations emphasized the urgency to adopt measures to promote their rights and fundamental freedoms and highlighted the gap in international law concerning the protection of indigenous rights. Anti-Slavery International recalled resolution 50/157 of the General Assembly which identified as an objective of the International Decade of the World's Indigenous Peoples a permanent forum for them within the United Nations; indigenous peoples in Central and South America had held two international conferences to explore the various details of such a forum. Concerning composition of the forum, the organization believed that the main requirement was that there be joint representation of Governments and indigenous peoples. Its mandate should

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centre around human rights, development and the environment. The organization hoped that the establishment of the forum would contribute to the prevention of the systematic violations of indigenous rights. The organization also supported the establishment of an ad hoc group for one year to report on the permanent forum.

WAYNE LORD (Canada) said Canada would sponsor a resolution to hold a fourth meeting of the working group drafting a declaration on the rights of indigenous peoples. It felt the third session had been a success and considered that all could continue to work in a constructive and respectful atmosphere; Canada would continue its dialogue with Aboriginal officials and leaders in Canada in preparation for the next session. Canada supported the themes of the Decade related to health and education for indigenous peoples, and was pleased to announce development of a national plan of action as called for under the International Decade for Indigenous Peoples. The plan was based on recognizing past mistakes and injustices; commencing reconciliation, healing, and renewal; and building a joint plan for the future. The Government acknowledged and regretted historical injustices, apologized to victims of sexual and physical abuse in the residential school system, and committed $350 million to support development of community-based healing as a means of dealing with the legacy of abuse. In addition, Canada had appointed the former Grand Chief of the Federation of Saskatchewan Indian Nations as Counsellor for International Indigenous Issues.

VALERIA RYKOVO (Russian Federation) said Russia was a country where numerous indigenous peoples lived and where their rights were guaranteed by law. The Government had created a committee in order to define the status of indigenous peoples and to give support to the development of the lifestyles of those peoples. The committee had exhaustively worked on the ways in which the indigenous peoples and other smaller groupings enjoyed their full rights within the Federation. Since 1990, the Government had adopted 150 laws and legislative acts with regard to indigenous peoples, and those laws had taken effect. In addition, the Government had taken measures to ameliorate the living conditions of the people in the north. Russia supported the establishment of the permanent forum.

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