RIGHTS OF INDIGENOUS PEOPLE TRANSCEND QUESTION OF LAND OWNERSHIP, AUSTRALIA TELLS SOCIAL COMMITTEE

Press Release
GA/SHC/3542

RIGHTS OF INDIGENOUS PEOPLE TRANSCEND QUESTION OF LAND OWNERSHIP, AUSTRALIA TELLS SOCIAL COMMITTEE

Consideration of International Decade Activities Concluded; Final Speakers also Heard on Issues Relating to Rights of the Child

Addressing issues such as land ownership was not a panacea to the social and economic challenges facing indigenous people, the representative of Australia told the Third Committee (Social, Humanitarian and Cultural) this morning as it concluded its consideration of the rights of the child and turned to the issue of the rights of indigenous people. It took up that item by considering the implementation of the Programme of Activities of the International Decade of the World’s Indigenous People (1995-2004). The Committee concluded its consideration of that item this morning.

The representative of Australia said his country had taken an important step to reconcile its indigenous and non-indigenous people in August by passing a motion of reconciliation that had expressed deep and sincere regret over injustices suffered by indigenous Australians. Since the 1970s, the government had been transferring land to indigenous control but the indigenous were still the most disadvantaged group in the community.

The representative of the Russian Federation said indigenous people needed safeguards for their farming and cultures. There should be definitions of the small, indigenous peoples and their relationships to their traditional lands because such agreements created the basis for partnership.

Indigenous people had not only faced serious discrimination over their basic rights but had also suffered in terms of access to essential services and material goods, said the representative of the World Bank. The representative of the International Labour Organization (ILO) said his organization had adopted and supervised the implementation of formal instruments to promote employment and sustainable livelihood for indigenous peoples. It aimed to strengthen the capacities of such people by helping them to design and implement development initiatives while safeguarding their traditional values and cultures.

Third Committee - 1a - Press Release GA/SHC/3542 28th Meeting (AM) 1 November 1999

Also speaking this morning were the representatives of Ghana, Venezuela, Iran, Cameroon, Nepal, Mexico, Argentina, Sweden, Ukraine, New Zealand, Brazil and Guatemala.

In addition, representatives of the Organization of the Islamic Conference and of the International Federation of Red Cross and Red Crescent Societies addressed the Committee.

The Secretary-General’s Special Representative on Children and Armed conflict addressed the Committee at the close of its deliberations on rights of the child. The Director of the New York Office of the United Nations High Commissioner for Human Rights introduced the item on indigenous peoples.

Also, the representative of Cuba introduced a draft resolution on the right of people to self-determination.

The Committee will meet again tomorrow, Tuesday, at 10:00 a.m. to begin its consideration of human rights questions, beginning with implementation of human rights instruments.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to conclude its current consideration of questions related to the promotion and protection of the rights of the child. It was then expected to begin considering issues related to the programme of activities of the International Decade of the World’s Indigenous People.

The Committee has before it a report of the Secretary-General on the Programme of activities of the International Decade of the World’s Indigenous People (A/54/487). The report summarizes activities related to the International Decade of the World’s Indigenous People (1995- 2004). It provides information about activities of the United Nations system relating to indigenous peoples. It notes that insufficient information was received from Governments, non-governmental organizations (NGOs) and indigenous organizations for inclusion in the report.

The report states that information from organizations of the United Nations system indicates the evolution in the last five years in their development of policy guidelines, programme activities, consultation mechanisms, specific funding and staff resources for issues related to indigenous peoples. Organizations such as the International Labour Organization (ILO) and the United Nations Development Programme (UNDP) had launched initiatives for those issues. They had also reviewed programmes and policies concerning vulnerable people for their applicability to indigenous peoples’ concerns.

An increasing number of United Nations organizations were organizing consultations with indigenous peoples to help them as they developed internal guidelines on indigenous issues and outlined overall strategies, the report states. A proposal to create a permanent forum for indigenous peoples remained under consideration. Two problems in implementing the Decade’s activities were the limited human resources and lack of funding for activities themselves.

Also before the Committee is a 19-power draft resolution on the use of mercenaries as a means of violating human rights and impeding self-determination (document A/C.3/54/L.27), which is expected to be introduced. By that resolution, the Assembly would urge all States to take the necessary steps, and to exercise the utmost vigilance, against the menace posed by the activities of mercenaries. It would also urge them to take legislative measures to ensure that their territories and their nationals were not used for any activities related to mercenary actions. States would be urged to cooperate with the Special Rapporteur on mercenaries. In addition, the Assembly would request the United Nations High Commissioner for Human Rights to take actions publicising the adverse effects of mercenaries and to provide advisory services to States affected by mercenary activities. It would request the Secretary-General to invite Governments to make proposals towards a clearer definition of mercenaries, requesting the High Commissioner for Human Rights to convene expert meetings on the matter. The draft proposal is sponsored by: Algeria, Angola China, Costa Rica, Cuba, Democratic People's Republic of Korea, Egypt, El Salvador, Eritrea, Ethiopia, Fiji, India, Iran (Islamic Republic of), Iraq, Libyan Arab Jamahiriya, Nigeria, Sudan and United Arab Emirates.

BEATRICE ROSA BROBBEY (Ghana) said the implementation of the Convention on the Rights of the Child was a “sad story”. That situation could be reversed only if the implementation of the provisions of the Convention was characterized by a strong political will by the international community. It needed to make a commitment that would ensure children’s survival, as well as their protection and proper development. She encouraged the “era of application” under which the international community would have to redirect its attention and energies from the judicial tasks of the elaboration of norms to the political project of ensuring the application and respect on the ground of the Convention.

She said her Government supported the initiatives by the United Nations Children's Fund (UNICEF) towards the elaboration of strategies for the protection of children from abuse and exploitation through the Internet. “We call on all Governments to work together with UNICEF on its international Internet education and safety programme for children and adults code named 'Innocence in Danger'”, she added.

LYDA APONTE DE ZACKLIN (Venezuela) said the international community’s cooperation in the promotion and protection of the rights of the child was indispensable in order to achieve the desired objectives. Her Government gave utmost priority to issues related to children. A sustained and collaborative effort was in place to implement national legislation for the application of the principles in the Convention. A law to protect children and adolescents had been decreed in 1998, and constituted a number of inititiatives which guaranteed the rights to an identity by children. It also guaranteed the social and judicial conditions of children. In order to give an adequate treatment to children’s issues, street children were being referred as children of the fatherland.

She said children were subjects of law and were capable of channelling their potential as citizens. In the National Assembly the rights of children and young people were being discussed within the frame of human rights. The commitment to children was a top priority of her Government.

MOKHTAR LAMANI, Observer of the Organization of the Islamic Conference, said the question of illiteracy in children was of paramount concern. The lack of education in many parts of the world was contributing to the desensitization of children from their human rights. Also, the existing economic, social and political gaps between the developed and developing countries had contributed to that situation.

Sexual exploitation of children had become transnational in character and thus required strong international counter measures, he said. The increase of sex tourism and the Internet revolution was rendering young children more vulnerable. An increasing number of cases of that form of exploitation could be traced back to the familial situation of the victim. That situation stemmed primarily from economic and social constraints. The question of the rights of the girl child was similarly important and brought to light the social and economic conditions that remained the principal causes for the denial of those rights.

ARMAS RAHOLA of the Permanent Observer Office of the International Federation of Red Cross and Red Crescent Societies at the United Nations, said his organization believed in action. The 176 national societies assisted victims of natural disaster and vulnerable individuals. The protection and welfare of children needed to be an integral part of humanitarian assistance. It should have priority in all such activities. That should include rehabilitation, the psycho-social aspect of recovery for the victims of disasters or conflicts. Rehabilitation should include the tracing and reuniting of families.

The millions of children growing up on the streets were perhaps the most glaring symptom of society’s ills, he said. The Red Cross and Red Crescent movement intended to make a special effort to mobilise the capacities of its national societies and the International Federation to improve the health and social situation of street children. Also needing to be addressed were the negative effects of economic sanctions on the most vulnerable in society. A mechanism should be created to monitor those effects. In turn, when the results of that monitoring were known, the international community should take corresponding action.

MOSTAFA ALAEE (Iran) said that in his country a legal gap in the status of children was being counteracted by legislative measures. The new trend of reform and the ongoing development of the judicial system would minimize legal shortages. Iran hosted the largest number of refugees in the world and it was proud to have provided refugee children with both health care and education. At present, 106,000 Afghan and 25,000 Iraqi children received free education and health services.

He welcomed the increased international attention turned toward the sexual exploitation of children and said the use of children in illegal activities such as drug trafficking was a matter of international concern. With regard to children affected by armed conflict, as in the damaging effects of armed conflicts on children in Afghanistan, the Special Representative’s proposal should be heeded and a monitoring mechanism should be applied in serious cases of countries torn by war. Poverty and lack of education provided the starting ground for exploitation of children. The future of children should be safeguarded by enhancement of the family institution, by global consciousness-raising for the eradication of poverty, and by the promotion of education as well as moral and ethical values.

MARTIN BELINGA-EBOUTOU (Cameroon) said African societies gave a very important place to the rights of children. The child was desired, and protected, as well as sought after. Problems related to children were new because they had to do with the population drift towards the cities and had been made worse by conflicts and by negative economic circumstances. He wondered how could the rights of children be protected if the situation in general was so negative. It was difficult to provide children with even the right to life.

He said his Government welcomed the establishment of international criminal Courts which would be used in crimes related to children. The continuing high children’s mortality rate was of great concern. Also, the emergence of AIDS which affected children either as patients or as orphans was problematic. The international community needed to redirect its actions towards poverty, which was the root cause of the violation of the rights of children which was poverty.

OLARA OTUNNU, Special Representative of the Secretary General on Children and Armed Conflict, said the protection of children in every aspect of armed conflict was essential. There were three elements in the protection of children in armed conflict. The first had to do with protecting children before conflict, and in the midst of conflict, as well as afterwards. Second, it was important to understand that the suffering of children in armed conflict bared many faces; there was a “mega manifestation” of the issue. Third, “the international community must respond to similar situations of grave sufferings everywhere”. He emphasized his roles as a catalyst, cheerleader and facilitator, among others.

He said he relied on the cooperation of partners to provide his Office with the necessary information to do his work. Collaboration was essential. He relied on regional and non-governmental organizations as well as on communities of faith. “Delegations have a very important role in making collaboration a very serious project”, he said. He hoped his mandate had increased the awareness of the problem of children in armed conflict, and that it would lead to international outrage at such situations. The widespread brutalization of children in armed conflict had to be dealt with by the Security Council. “The fate of children in this context should also be a central concern of the agenda of the Security Council”, he added.

Rights of Indigenous People

BACRE NDIAYE, Director of the Office of the United Nations High Commissioner for Human Rights, recalled that the goal of the International Decade of the World’s Indigenous People was to strengthen international cooperation for solving problems faced by indigenous peoples in areas such as human rights, culture, the environment, development, education and health. Recalling the objectives of the Programme of Action for the Decade, he said United Nations organizations had reacted positively to the opportunities offered by the Decade.

Outlining developments within the United Nations system relating to policy guidelines, programmes of action and consultation mechanisms, he said the formal observance of the International Day of Indigenous People (9 August) had become a well attended and effective event. It had cultural, educational and networking elements that were beneficial to both indigenous participants and to representatives of United Nations agencies, Funds and Programmes. His Office had been requested to undertake 15 activities during the Decade, including the establishment of a focal unit, the secondment of staff and creation of an advisory group. Many of those infrastructural projects were being realized. In addition, improvements were being made in the flow of information about United Nations programmes to indigenous communities. The Office had created a database on indigenous organizations. Funding continued to be a problem. He recommended that Governments consider holding a meeting during the year 2000 at which specific, practical and realizable projects, in particular inter-agency activities, could be elaborated and endorsed.

RAMESH KHANAL (Nepal) said his multi-ethnic and multi-cultural nation was fully aware of the problems faced by indigenous people. The constitution emphasized promotion of the interests of economically and socially backward groups and community, by making special provisions for their education, health and employment.

Social and economic empowerment of indigenous people had been achieved through decentralizatoin, local development and human resource development, he said. Also, emphasis had been placed on targeted programmes. Non-governmental organiations and specialized segments of the civil society were working with targeted groups to carry out those programmes.

MELBA PRIA (Mexico) said the indigenous peoples of her country were very diverse and no single model could be applied. Some lived in a tribal structure and some in a communal one. Indicators had been developed regarding employment of indigenous people. Inter-agency coordination had enabled the creation of a national programme aimed at developing proposals for medium and long-term planning. An integrated focus implied the creation of a strategic plan for such aspects of indigenous peoples’ rights as resource allocation, and provision for indigenous peoples to develop their capacities fully.

Her government had been very involved in advancing the rights of indigenous people, she said, including through education. A framework of coexistence had been developed. Constitutional reform regarding indigenous rights had been initiated, particularly in the areas of education and resource allocation. A national programme for protection and promotion of human rights focused on the rights of indigenous populations. The government provided services such as interpreters and legal aid, and it supported their right to diversity as well as protection as a vulnerable group. The United Nations had to adapt its programmes to the indigenous reality worldwide. Respect for the unique qualities of indigenous people was imperative, including their right to their own wisdom.

FERNANDO PETRELLA (Argentina) said about half a million indigenous people who belonged to sixteen different ethnic groups inhabited his country’s territory. Moreover, Argentina had been shaped by the union of such indigenous populations.

Land ownership, the preservation of culture and religious practices were key in order for indigenous communities to survive, he said. His Government had ensured the enjoyment of such rights. For example, 37,000 land hectares had been given to indigenous people this year. Also, inter-cultural bilingualism was being encouraged and greater access to education was available. The collaboration of the international community in order to solve problems affecting indigenous populations was essential.

VIOLA RURUBJELKE (Sweden), speaking also on behalf of the Nordic Counties, said the establishment of a permanent forum to coordinate and exchange information between the indigenous peoples themselves, as well as between indigenous peoples and States, was important. It was necessary to establish such a forum to strengthen cooperation and to avoid duplication in the United Nations system as it related to indigenous issues. She strongly encouraged the mainstreaming of such issues throughout the system.

Creating an enabling environment for the Sami and Inuit cultures and identities was very important, she said. Partnership between indigenous communities and the rest of the population was crucial not only at the international level but even more at the national level. The Sami and Inuit people had established a well functioning cross- border cooperation which provided with a foundation for the development of those cultures and raised public awareness of their respective cultures.

LES LUCK (Australia) said his country had taken an important step to reconcile its indigenous and non-indigenous people. In August, it had passed a motion of reconciliation, expressing deep and sincere regret that indigenous Australians had suffered injustices. The government had also committed itself to making reconciliation an important national priority. The inequality and disadvantage still experienced by many indigenous Australians had to be addressed.

A recent priority in that regard had been the issue of indigenous land ownership, he said. For cultural, historical and symbolic reasons, land was important to indigenous people. From the early 1970s, the government had been buying privately held land for the benefit of indigenous people, and it had been transferring government land to indigenous control.

However, he said, land ownership was not a panacea to the social and economic challenges facing indigenous Australians, who were the most disadvantaged group in the community. The Government’s policies and programmes focused on shifting from reinforcing welfare dependency and toward economic development and self-reliance among indigenous peoples.

OKSANA BOYKO (Ukraine) said the declaration on the rights of indigenous people and the establishment of an international forum had been two goals of the Decade. Ethnic groups within nations should be classified to facilitate national policies in the field of protecting the rights of persons belonging to national minorities as well as rights of indigenous people. The distinction should be made in the Declaration between indigenous people who led a tribal way of life on isolated reservations and those integrated with the rest of society. As the issue of indigenous peoples was sensitive, the Declaration should include provisions strictly prohibiting actions designed to impair the territorial integrity or political unity and stability of sovereign states.

Regional consultations should be held between Governments and indigenous peoples in elaborating the Declaration, she said. The standard-setting activities of the United Nations in the field of human rights of minorities and indigenous peoples lagged behind modern realities. None of the national definitions and description of indigenous peoples in different international documents captured the diversity of indigenous peoples worldwide. National governments were resorting to the context of their national constitutions or borrowing from the experience of other countries, which was not enough direction.

MARTHA DI FELICE (Venezuela) said the international community must unite in efforts to guarantee indigenous populations their rights. A spirit of flexibility was essential for the working group if progress was to be achieved. Also, the appropriate resources needed to be allocated.

Efforts at the national level that benefited indigenous peoples were crucial, she said. Also, the eradication of poverty was indispensable if those people were to progress, since many lived under precarious conditions. There were 315,815 persons in her country who belonged to indigenous groups. Legislation which recognized the rights of such people had been decreed. Also, the National Assembly had made progress with a new chapter of national legislation relative to the rights of indigenous people. Such rights had to do with maintaining their own economic or traditional activities together with their participation in the national economy. Also, the State had guaranteed their participation in the national assembly.

SARAH PATERSON (New Zealand) said more needed to be done regarding indigenous issues, in order to ensure ongoing coordination among United Nations agencies throughout the year. United Nations organizations and programmes needed to intensify their efforts in consultation with indigenous peoples, including the designation of focal points for coordination with the Office of the High Commissioner for Human Rights of activities related to the Decade. In addition, it was crucial for the High Commissioner to receive adequate funding from the regular budget as well as the necessary administrative assistance.

In 1996, she said, her Government had established a “Decade Fund” in order to advance the objectives of the Decade, including the promotion of the Maori language and education. Also, a committee of the main Maori organizations was established to coordinate that effort in consultation with the Ministry of Maori Development (in charge of implementing the domestic programme of action for the Decade). A major undertaking in celebration of the Decade had been the translation of programmes into Maori as well as the distribution of major international human rights instruments. Also, her Government had recently held a workshop with Maori to discuss the progress made in respect of the draft Declaration and the proposed permanent forum.

RIBEIRO VIOTTI (Brazil) said national societies could benefit immensely from cultural diversity as a source of mutual respect and a way of promoting universal human rights. Brazil had about 330 thousand indigenous individuals scattered in 215 ethnic groups. About 170 different languages were spoken by the indigenous population. Land and a safe environment were essential for ensuring the full enjoyment of their rights by indigenous people. Brazil had taken a number of measures with regard to protecting indigenous peoples' rights, including an “original rights” grant applying to properties traditionally occupied by indigenous people. More than 11 per cent of national territory was reserved for the permanent use and fruition of the indigenous population.

Significant progress had been made during the past year in regularizing the process of land allocation to indigenous peoples, she said. About 78 per cent of indigenous land was now demarcated and the government had stepped-up law enforcement health and education activities in those areas.

With regard to United Nations efforts, work on the draft Declaration should be finished quickly, she said. Flexibility would be required on the part of participants. Historical and legal backgrounds that had determined relationships between indigenous communities and national societies could not be used as an excuse for not applying the universality of human rights in practice. Creative solutions must be devised, including on issues such as ensuring respect for indigenous traditions without resorting to "crystallized concepts" capable of being construed as an open door to impair the territorial integrity of States.

ANDREI NIKIFOROV (Russian Federation) said development of regional and local legislation was important for the protection of indigenous peoples, who needed safeguards for their farming and cultures. There should be definitions of the small, indigenous peoples and their relationships to their traditional homes. His country was currently instituting legislation to define the relationship between people and their land in areas such as far northern Siberia and eastern Russia. Working out agreements on such terms created the basis for a partnership.

Russian’s own indigenous peoples had taken initiatives, he said. At a meeting in Moscow, for example, they had stressed the importance of involving indigenous peoples in rebuilding Russia. The indigenous peoples of the world were still waiting with bated breath to see what the international community would do from them. The Declaration should be finalized quickly and the forum should be set up.

ALFREDO SFEIR-YOUNIS, World Bank, said progress made during the decade had been less than adequate, and there were still too many pending elements, including ratification of the rights of indigenous people. In addition, indigenous people had not only faced serious discrimination over their basic rights to property, languages, culture and citizenship, but had also suffered in terms of access to essential services and material goods.

The aims and goals of sustainable development would never be achieved if societies did not attain cultural sustainability, he emphasized. Experience had demonstrated that “cultural capital” had become central in achieving the aims and goals of sustainable development. “To ignore indigenous cultures is like burning the library before we read the books”, he said. It was simply a major obstacle to real progress and to the evolution of our societies. Also, political commitment at the national, regional and local levels was essential for the Decade’s agenda to advance.

The eradication of poverty was fundamental in attaining the rights of indigenous peoples, he said. Also, the disconnect between modern society or progress with the fundamental notions of life on Earth as portrayed in the "cosmovision" of indigenous societies needed to be eliminated. “Indigenous knowledge must be central to all the efforts we will make on social inclusion”, he said.

GARETH HOWELL, ILO, said his Organisation had adopted and supervised the implementation of formal instruments in order to promote employment and sustainable livelihood for indigenous peoples.

In Central America, a three-year project which focused on the Legal Empowerment of Indigenous Peoples was under way, he said. It aimed to help those people protect their rights through the better use of legal processes and by the inclusion of indigenous peoples in the administration of justice and in the democratic process. The latter was achieved through enhanced consultation and collaboration among indigenous organisations, State institutions and Non-Governmental Organisations at both regional and national levels.

The ILO also implemented an Inter-Regional Programme, known as INDISCO, to Support Self-Reliance of Indigenous and Tribal Communities through Cooperatives and other Self-Help Organisations, he explained. The programme aimed to strengthen the capacities of indigenous and tribal peoples by helping them to design and implement development initiatives while ensuring that traditional values and culture were safeguarded.

LUIS CARRANZA (Guatemala) said two of the most important objectives of the Decade had not been achieved. The Declaration had not been finalized and the forum had not been created. The process of the Working Group on the Declaration presented a difficulty in a seeming distrust between indigenous groups and governments. The political will on the part of States was critical in finalizing the Declaration. Basic definitions needed to be established. The Declaration should be finalized and the forum created before the end of the Decade but there was no reason way it could not happen earlier. Guatemala had taken many initiatives for its indigenous people as, for example, an indigenous fund set up on their behalf.

Introduction of draft resolution on self determination

The representative of Cuba introduced the draft on the right of people to self determination (document A/C.3/54/L.27). She said that in addition to the original sponsors, Iceland had become a co-sponsor.

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