Fifty-ninth General Assembly

Third Committee

20^th & 21^st Meetings (AM & PM)

THIRD COMMITTEE BEGINS CONSIDERATION OF INDIGENOUS PEOPLES’ ISSUES,

CONCLUDES DISCUSSION OF CHILDREN’S RIGHTS

 

Special Rapporteur Says

Serious Violations of Indigenous Peoples’ Human Rights Persist

Declaring the adoption of the draft declaration on the rights of indigenous peoples necessary to wrap up the International Decade on the World’s Indigenous People, the top United Nations expert on indigenous rights warned that the value of the Decade’s other accomplishments would be diminished without General Assembly approval of that document.

Speaking as the Third Committee (Social, Humanitarian and Cultural) began its review of the Decades activities, Rodolfo Stavenhagen, Special Rapporteur on the human rights and fundamental freedoms of indigenous people said the establishment of the Permanent Forum, the Working Group on indigenous peoples and his own office constituted milestones in the quest to raise awareness about indigenous issues.  Yet, as serious violations of indigenous peoples’ human rights persisted, the Decade’s goals had not been fully met.

Indigenous peoples had comprehensively laid claim to their collective rights, he noted.  The challenge now faced by governments was to meet those demands with a basic level of coherence.  Moreover, closing the development gap that existed between indigenous and non-indigenous populations constituted both a Millennium Goal and an objective of international law and would require integral, intensive and sustained policies.

In a dialogue with the Special Rapporteur following his presentation, the representatives of Canada, the Netherlands, Norway, and Guatemala questioned Mr. Stavenhagen on possibilities for future collaboration with other United Nations Special Rapporteurs regarding issues affecting indigenous peoples, on means of addressing the social disadvantages and discrimination suffered by indigenous populations, and on how customary law could play a role in addressing indigenous issues in the justice system.

Briefing the Committee on the progress achieved by the Permanent Forum on Indigenous Issues, Elissavet Stamatopoulou-Robbins, Chief of the Secretariat of the Permanent Forum on Indigenous Issues, Department of Economic and Social Affairs, said the year 2000 had signalled a turning point in indigenous issues at the United Nations, with the establishment of the Permanent Forum.  The Forum stood as a concrete achievement of the International Decade of the World’s Indigenous People.  A comparison of the Forum’s mandate with the Programme of Action for the Decade revealed Member States’ intention to end the marginalization of indigenous issues in public policy and to promote an active indigenous participation.

At its third session in May 2004, the Forum had witnessed increased participation of all stakeholders, she added.  It had adopted an impressive body of recommendations on indigenous women and had set the foundations for a multi-year programme of work for the United Nations system.  Furthermore, its recommendations had wisely stressed the importance of focusing on regional issues and approaching the mobilization of solutions at that level, to bring increasingly concrete solutions to indigenous communities.  Its decision to focus on the Millennium Development Goals as cross-cutting themes for the next two to three years would ensure that indigenous people were not left in the margins.

Bacre Waly Ndiaye, Director of the New York Office of the United Nations High Commissioner for Human Rights, presented the reports related to activities for the International Decade of the World’s Indigenous People (documents A/59/257 and A/59/277).

Participating in a question-and-answer session with Ms. Stamatopoulou-Robbins and Mr. Ndiaye were the representatives of Cuba and Canada.

As the general discussion of the programme of activities for the International Decade of Indigenous People opened, each delegation addressing the Committee expressed support for the proclamation of a second International Decade for Indigenous People.  Reiterating the need to expand upon the achievements of the first Decade, they agreed upon the necessity of adopting the draft declaration on the rights of indigenous peoples, without delay.  The delegations addressing the Committee included Brazil (on behalf of the RIO Group), Belize (on behalf of the Caribbean Community (CARICOM)), Estonia, Guyana, Ecuador and the Democratic Republic of the Congo.

During its morning session, the Third Committee concluded its general discussion on the rights of the child, as speakers continued to praise the international community’s achievements on children’s rights, including the clear elaboration of norms related to child survival –- health, nutrition, water, sanitation and shelter.  However, many delegates joined the representative of the Philippines in urging further development and implementation of a normative framework on child protection to address ongoing problems related to exploitation, sexual violence and children affected by armed conflict, among other issues.

As Kazakhstan’s representative underscored, the protection of children could create favourable terms for achievement of internationally agreed development goals, such as large-scale poverty reduction.  It was to be hoped that the United Nations system would remain committed to working with Member States to that end.

Also addressing the Committee today on the rights of the child were the representatives of Oman, Syria, Iraq, Israel, Mali, India, Cape Verde, the Congo, Colombia, Jordan and Togo.

The representative of the Organization of the Islamic Conference also spoke on the rights of the child.

At the beginning of the morning meeting, the representative of Australia introduced a draft resolution on improving the status of women in the United Nations system (document A/C.3/59/L.24), on behalf of Canada, Australia and New Zealand (CANZ).

The Third Committee will reconvene at 10 a.m. tomorrow, 22 October, to conclude its general discussion on the programme of activities for the International Decade of the World’s Indigenous People, 1995-2004.

Background

The Third Committee met today to conclude its general discussion on the rights of the child.  For additional background information, please see Press Release GA/SHC/3786 of 18 October.

The Committee was also expected to begin its general discussion on the programme of activities for the International Decade of the World’s Indigenous People, 1995-2004 this afternoon.  Among the reports before the Committee in that context was the report of Special Rapporteur, Rodolfo Stavenhagen, on The situation of human rights and fundamental freedoms of indigenous people (document A/59/258).  Please see the introductory statement to follow for a summary of the report’s conclusions.

There was also a note by the Secretary-General transmitting the biennial report of the United Nations High Commissioner for Human Rights on the Status of the United Nations Voluntary Fund for Indigenous Populations (document A/59/257), which describes the Fund’s activities over the period 2003-2004 and notes that total contributions received before the sixteenth session of the Fund’s Board of Trustees reached $173,471.  Before the Board’s seventeenth session, $187,072 was received.

A note by the Secretary-General transmitted the report of the United Nations High Commissioner for Human Rights on Implementation of the programme of activities for the International Decade of the World’s Indigenous People (document A/59/277), which notes that the third session of the Permanent Forum on Indigenous Issues and the twenty-second session of the Working Group on Indigenous Populations were held during the reporting period, and that the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people carried out a large number of activities, including communications with governments, country missions and the submission of a thematic report on indigenous people and the administration of justice to the Commission on Human Rights at its sixtieth session.  The Office of the High Commissioner for Human Rights continued to promote inter-agency cooperation within the framework of the International Decade, through participation in inter-agency consultations, cooperation on human rights training and joint activities.  The 2004 Indigenous Fellowship Programme, currently in its eighth year, began in May and will provide training to 14 young indigenous participants.

Introduction of Draft Resolution

At the meeting’s outset, the representative of Australia introduced a draft resolution on Improvement of the status of women in the United Nations system (document A/C.3/59/L.24), on behalf of Canada, Australia and New Zealand (CANZ).  Although there had been recent positive advances toward gender equality within the United Nations system, the goal of 50/50 gender distribution had yet to be met.  A sustained effort was required to increase the representation of women at senior and higher levels, and effectively to integrate gender balance into the institutional and attitudinal aspects of the United Nations system.  Thus, the text requested the Secretary-General and executive heads of United Nations organizations to keep in mind the importance of selecting qualified female candidates, and to ensure that recruitment strategies, and promotion and retention policies among others accelerated progress toward the 50/50 goal.

Statements on Children’s Rights

LUMA MUSHTAQ AL-SALEH (Oman) highlighted advances in the promotion of children’s rights since Oman had ratified the Convention of the Rights of the Child in 1996.  A new labour law had been issued to prohibit employment of minors under 15 years of age.  Immunization rates had reached 99per cent.  Primary school enrolment had increased for both boys and girls, reaching 91 per cent for boys and 90 per cent for girls in 2002.  The Ministry of Social Development was currently drafting the first juvenile justice law.  Despite such achievements, however, Oman still faced challenges in the areas of malnutrition and preschool education.  The Government was working with the support of United Nations Children's Fund (UNICEF) to overcome those challenges.

She said Oman had embarked on a future path of economic modernization and child development founded on Islamic beliefs and values.  Future planning must take into account the range of human rights encompassed by the Convention of the Rights of the Child and Omani laws and values.  The role of the United Nations, especially of UNICEF, was critical to those efforts.

NURLAN ZHALGASBAYEV (Kazakhstan) said that protection of the rights and interests of children was a high priority for his Government, one of whose major achievements had been improving the national legislative base and cooperation between organs of the Government and international institutions for promotion of child rights.  Kazakhstan had set up a national working group on matters related to protecting the rights and interests of children.  In conjunction with UNICEF, it had held an inter-departmental working group on that subject at which governmental and non-governmental organizations had been appointed to head up each priority area.  In the framework of follow-up to international meetings on children’s rights, Kazakhstan had taken part in an intergovernmental meeting in Sarajevo, where a report on national achievements in the protection of children had been presented.

The country had witnessed a trend towards stabilization of its social and economic situation, he said.  Beginning in 2000, there had been growth in the birth rate and natural growth of the population.  Among efforts aimed at promoting social welfare, the Government had provided targeted help to more than 6,000 children from low-income families.  There had been initiatives for the effective elimination of child labour, and the country had ratified the International Labour Organization conventions on the minimal working age and the eradication of the worst forms of child labour.  It had also elaborated a programme to develop national education through 2015, and had carried out a number of health related programmes addressing, among others, safe motherhood, neo-natal care, and prevention of the vertical transmission of HIV/AIDS.  Kazakhstan had also ratified several international conventions dealing with children’s rights, including the Convention on the Rights of the Child and its two Optional Protocols.

The protection of children could create favourable terms for large-scale poverty reduction and progress, he said.  It was to be hoped that the United Nations system, particularly UNICEF, would remain committed to working with Member States to that end.

RANIA AL HAJ ALI (Syria) said her Government had undertaken legal steps to protect children’s rights, as children were the leaders of the future and their education was the basis for the future of the country.  Education was a priority of her Government, and this was reflected in the national plan.  A High Committee on Children had been established in 1999 and had brought together governing parties and non-governmental organizations to coordinate efforts towards protecting children’s rights.

She said great efforts had been undertaken to improve health and education.  Infant mortality rates had been reduced, and school enrolment rates had risen.  The Government provided health and education services free of charge for children.  It had launched a national action plan for 2004-2015 that would soon come into force and would address health and education issues, and provide protection for children against exploitation.

Syria reiterated its call to the international community to avoid a selective policy in dealing with children in armed conflict.  Thousands of children continued to suffer under Israeli occupation in the Syrian Golan Heights.  Those children suffered on a daily basis acts committed by occupying forces.  The occupying forces had closed down education centres and had banned Syrian textbooks.  Entire families had been ejected from their homes following the occupation of the Syrian Golan heights.  The occupying Israeli army had caused daily suffering throughout the region.  The rights of Palestinian children to life and their rights to live in peace had been violated.  Syria urged the international community to pay attention to infringements against children being committed by the Israeli military.

TARIQ KAZEM (Iraq) said the warlike policies of the previous regime, and the blockade imposed against the country, had led to the death of many people, particularly children.  Disease had also spread throughout the population, with 130 per 1,000 children thus affected, according to a 2003 UNICEF report.  National social conditions had declined; divorce had increased; and educational levels had sunk.

The new Iraqi administration had worked to establish institutions for the protection of children, to deal with their psychological and physical trauma and to shelter the homeless and orphans, he said.  Orphanages had been rehabilitated and equipped with the most modern conveniences, and there had been attempts to bring orphans back to their native towns.  In conclusion, he invited UNICEF to continue to work with the new administration for the benefit of the children of Iraq, who deserved better conditions in which to live.

LOURDES G. BALANON (Philippines) said her country continued to implement its Strategic Framework Plan for the Development of Children –- the CHILD 21 Plan –- in the context of the national development programme.  CHILD 21 aimed to safeguard and promote the rights of Filipino children through focused interventions at various critical stages of their development.  The plan presented a shared vision for the Filipino child, crafted from the input of all stakeholders and embodying the priority goals and strategies for both national and local levels of government to carry out in conjunction with non-governmental organizations and private entities.  To ensure effective implementation and synchronization of those efforts, initiatives such as the Search for Child-FriendlyMunicipalities and Cities had been established to build a broad-based consciousness and an environment conducive to children’s survival, development, protection and participation.

One of the major challenges to ensuring a world fit for children remained the situation of children in especially difficult conditions, she said.  While norms for child survival -– health, nutrition, water, sanitation and shelter –- had been made clear, those related to child protection, such as issues related to exploitation, sexual violence, family separation and children affected by armed conflict, remained underdeveloped.  A gap existed in the United Nations system’s overall child protection regime, which must be addressed if the Millennium Development Goals related to children were to be achieved.  In particular, the “era of application” of standards and norms related to children affected by armed conflict must be underpinned by a fundamental and constructive approach to enable Member States effectively to address the situation of children in their areas.

ZINA KLEITMAN (Israel) said Israel embraced the shift in the paradigm of thought involving children’s rights that had occurred in recent years.  Children were no longer seen as objects but as subjects themselves.  The protection of their rights was crucial to building free and forward-looking societies.  The connection between children’s rights and human rights had been tightened and had become increasingly important.  Her Government had worked closely with non-governmental organizations in Israel involved in advancing the rights of children.

She said Israel’s implementation of the Convention of the Rights of the Child had gone beyond its realization in legislation.  A Committee had been established to formulate a comprehensive plan for the systematic implementation of the Convention in the law.  The Government had also worked with civil society to respond to the challenges faced by children suffering from abuse in their families.

It was critical to secure the safety and health of children to secure the future of the world.  Israel was committed to the well-being of the children of all nations, religions and ethnic groups.  The world’s children were truly the beacons of hope for the future.

ISSA KONFOUROU (Mali) said his country had launched a series national, regional and international actions designed to strengthen the protection and well-being of children.  At the national level, efforts included the mainstreaming of children’s rights through awareness raising, promoting activities to encourage the insertion into society of children with special protection needs, and combating begging and the cross-border trafficking of children.  In the last regard, Mali had signed agreements with Cote d’Ivoire and Burkina Faso to combat this scourge, and negotiations with Senegal and Guinea were well under way.

In spite of those advances, the social situation of children had suffered, he said, due to deterioration of the traditional education system, of the concept of the “great family”, and of the purchasing power of parents.  Many parents could no longer cover the costs of caring for and educating their children.  Thus, the Government had taken steps to provide aid targeted as “specific territorial collectivities”, to establish school canteens in impoverished areas, to promote the access to education and medical care of rural children, and to cover the educational costs of high-potential children and place them in specialized state institutions, among other actions.

The United Nations had been established to protect future generations from the scourge of war, he said.  Yet, the sight of child soldiers must indicate the Organization’s failure to achieve that end.  There must be action to elaborate international norms to end that phenomenon.  The Network for Human Security, to which Mali belonged, had made the issue of children in armed conflict a priority.  It provided for development of existing national, regional and international mechanisms to raise awareness about involvement of children in armed conflict, and planned to disseminate standards to prohibit the use children in armed conflict.

P.S. GADHAVI (India) highlighted activities undertaken by his Government at the federal and state level for the implementation of the Convention of the Rights of the Child.  An amendment had been adopted in 2002 providing for free and compulsory education to all children 6 to 14 years old.  A national programme for the formation of women’s self-help groups had an important impact on children’s rights.  India was home to about 400 million children and was committed to the development of every child and to ensuring that the rights of its children were fully protected.

Turning to the Secretary-General’s report on the comprehensive assessment of the United Nations system response to children affected by armed conflict, he said the report was not only an indictment of how the Organization addressed the issue of children affected by armed conflict.  It was in fact a greater indictment on how the United Nations system functioned.  Voluntary funding was ineffective and led to politicization of the work of the United Nations.  The report also raised questions on the ineffective nature of oversight by Member States.  Furthermore, the report’s assertion that individual mechanisms could not adequately address the issue of children affected by armed conflict, and that the issue needed to be addressed by multiple entities at multiple levels, was ironic.  In other forums, the case was always made for special individual mechanisms being able to address issues directly, while multiple entities of the United Nations did not have enough expertise.  This was a major contradiction that Member States needed to resolve.

ANA SAPINHO PIRES (Cape Verde) noted that the international community had committed itself to ensuring that children no longer died of avoidable causes such as war, hunger and HIV/AIDS; that they no longer fell victim to policies such as racism, intolerance and exclusion -– that “A World Fit for Children” was created.  As a result, children everywhere had benefited from renewed efforts to ensure the fullest achievement of their rights to life, health care, education and nutrition and to protection from violence, abuse and exploitation.  However, much remained to be done; the international community must take stock of the situation and live up to its continued commitments and promises.

Her country had ratified all the international conventions related to children, she said, and had adopted the Declaration on the Rights and Welfare on the African Child.  The Government had undertaken extensive judicial reform, on the recommendation of the Committee on the Rights of the Child, to strengthen children’s full enjoyment of their human rights.  Despite various constraints such as limited natural resources –- which had been aggravated by the country’s insularity, weak ecosystem, scarcity of water, high unemployment and poverty -– great efforts had been made to improve children’s standards of living.  Universal primary education had been guaranteed to boys and girls; school access had been improved; infant mortality had decreased; and vaccination coverage had reached an estimated 89 per cent.  A national plan against HIV/AIDS had also been developed.  Cape Verde continued to tackle the problems faced by its children.

RENE NSEMI (Congo) said the situation for children in developing countries remained critical because of poverty, a globalized economy, HIV/AIDS, and child prostitution and child pornography.  Children were a vulnerable social group that, along with women, enjoyed special attention from the Government of the Congo.  The Government had embarked on a national plan of action to protect and promote children’s rights, within which the Congo was striving to achieve the objectives of the special session and the Millennium session.  A children’s parliament had also been established to increase the participation of children on issues affecting them and to remind children of their duties as responsible citizens.

With regard to children affected by armed conflict, he said the Congo welcomed the efforts of the United Nations to establish new instruments for addressing this issue.  It welcomed the report of the Secretary-General regarding the need for an effective system of monitoring the situation of children affected by armed conflict and the need for improved coordination of the system.  The Congo had destroyed more than 5,000 landmines in September 2003 to save future generations from that danger.

He added that most of the objectives of the plan of action “A World Fit for Children” could not be achieved unless efforts of the international community were intensified.  The improvement of the situation of children could not be achieved without improvement of social development conditions.

BEATRIZ PATTI LONDONO (Colombia) said protection and promotion of children’s rights remained an international commitment supported through national and multilateral legislation.  Reinforcing institutions and the rule of law constituted the prime guarantee of children’s rights, and all human rights.  Thus, the international community must cooperate to strengthen such institutions, and to put aside their narrow political interests when addressing issues related to children.  The United Nations system and civil society should support programmes and government policies for the benefit of children, and should work towards achieving greater coordination within the system and with Member States to ensure the successful implementation of policies and programmes.

She said 21 agencies of the United Nations system were currently working in the field in Colombia, and only through coordination could their overall development objectives be fulfilled.  There was a need for the United Nations system to work more closely with governments to promote their activities, and to provide care and attention for children worldwide.  Children continued to be affected by poverty, HIV/AIDS, armed conflict, trafficking, sexual abuse and natural disasters.  Those States, which had suffered from armed conflict, were well aware of the complexity of the issue of children and armed conflict and should support UNICEF’s efforts to deal with that issue.

Regarding the reports of the Secretary-General, she said that the establishment of a follow-up monitoring and reporting system on violations of children’s rights must be discussed fully by all Member States.  Such mechanisms would only function effectively if all Member States’ full participation was ensured.  That condition had not been accurately reflected in the report of the Secretary-General.  The rights of the child must remain the international community’s leading priority.

SAJA MAJALI (Jordan) said her country agreed with the Secretary-General’s report that there was a need for adequate monitoring and reporting mechanisms to follow the situation of war-affected children in order to improve the international community’s capacity to ensure compliance with international standards.  Developments in the occupied Palestinian territories and Israel should remain a matter of deep concern to the international community because of their grave impact on the children.  Palestinian children had a right to live a life free from foreign occupation.  They should be spared the risks of physical injury, psychosocial trauma, family separation and loss of social services.

She said Jordan viewed education as a major tool for empowering people and was taking strides to ensure the provision of quality education to all segments of society.  This year it launched the first Jordan Education Initiative, a public-private partnership to examine and explore innovative ideas for educational reform.  It hoped to further education reform with the adoption of information and communications technologies.  Jordan also embraced the concept of early childhood care as a crucial investment in the holistic development of children.  A National Team for Childhood Development had been established in 2000, and in September it had launched a National Kindergarten Curriculum.

Jordan might still have many challenges ahead before it attained its desired goals for positive changes in the lives of children, she said.  Next week it planned to launch a national plan for the next ten years to address health, education, and protection of children’s rights.

M’BALEMBOU PATO (Togo) said his country had always geared its policies towards the various commitments and international agreements for the protection and well-being of children, to which it adhered.  The Government remained committed to doing everything necessary to establish “A World Fit for Children” and held that a good strategy to support youth remained a key driver of development.  Thus, Togo continued to fight child mortality, to promote primary education for all and to protect vulnerable groups, in spite of the difficulties it faced as a developing country.  That situation had been particularly aggravated by the suspension of aid from the European Union.

Unfortunately, a large number of the country’s children remained vulnerable to the scourge of trafficking, he said, but the Government remained committed to working with international institutions and non-governmental organizations to combat that phenomenon.  Among other initiatives, an awareness raising campaign had been conducted, and committees had been established to prevent such activities.  Legal initiatives had also been undertaken; Togo had deposited its instruments of ratification for the Convention on the Rights of the Child and its Optional Protocol related to sale of children, child prostitution and child pornography in July 2004.

The increasing number of HIV/AIDS orphans had led the Government to establish new orphanages, he said.  Other social priorities remained education for all, and literacy and vocational centres had been established for girls excluded from formal education.  Steps had also been taken to abolish corporal punishment in schools.  Health initiatives included combating the spread of HIV/AIDS, promoting maternal health, combating the practice of female genital mutilation and ensuring access to safe drinking water.  However, a great deal remained to be done, and the urgent support of the international community and donor countries remained necessary to assist Togo’s efforts to achieve its objectives for children.

S. SHAHID HUSAIN, observer of the Organization of the Islamic Conference (OIC), said that international, intergovernmental and non-governmental organizations all had critical roles to play in furthering the rights of children.  The targets set by the Millennium Development Goals would not be accomplished without an intensification of action for disadvantaged children and families across the world.

He said successive OIC summits and conferences had focused on the victimization of children in recent wars and conflict.  They had called upon Member States to take effective measures to prevent children from becoming involved in armed conflicts and to provide for their needs and their personal safety in the events of such conflicts.  The OIC reiterated its resolve to continue to work with the United Nations and its relevant programmes to facilitate the efforts of governments to make humanitarian relief available to children victimized by armed conflict in such areas of conflict as Kashmir, Palestine, Sierra Leone, the Syrian Golan Heights and elsewhere.

MIHNEA MOTOC (Romania) said the near universal ratification of the Convention on the Rights of the Child had contributed to an improvement in children’s conditions in many regions of the world.  However, in so-called “lawless areas”, children remained subject to physical and mental violence.  This was the case in Transnistria, a separatist province in the Republic of Moldova.  The self-proclaimed secessionist authorities of that territory tolerated and supported trafficking in arms, drugs and human beings, including children.

This past summer, he said, those so-called authorities had embarked on an overt course of defiance of human rights and democratic norms and values, by denying the basic right to education in the mother tongue, which in this case was Romanian.  The arbitrary closure of a number of schools that used the Romanian language and Latin script, and the subsequent inhumane treatment by illegal militias of children that refused to leave those schools, had been condemned by numerous countries including the United States and the Russian Federation, as well as the Organization for Security and Cooperation in Europe (OSCE), the European Union, the Council of Europe and the United Nations Children's Fund (UNICEF).

His country too had condemned those acts and called upon the international community to take the appropriate steps to bring the situation to an end, he said.  Romania welcomed and upheld the efforts undertaken by the authorities of the Republic of Moldova to end the crisis and apply European Union and American sanctions.  Thus, although the so-called Transnistrian authorities had decided to allow the registration of schools teaching in Romanian, the situation should be monitored continuously until the education process resumed in all institutions.

Statements on Indigenous People

BACRE WALY NDIAYE, Director of the New York Office of the United Nations High Commissioner for Human Rights, introduced reports related to activities of the International Decade of the World’s Indigenous People.  He noted the annual report of the High Commissioner for Human Rights, which provided information on relevant activities relating to indigenous peoples undertaken by the Office of the High Commissioner for Human Rights.

He also drew the Committee’s attention to the review of the International Decade prepared by the Office, which contained an analysis of the activities undertaken during the Decade and included conclusions noting the progress and achievements of the Decade, as well as the remaining challenges.  The review addressed the status of the draft United Nations declaration on the right of indigenous peoples and recognizes the continuing difficulties regarding adoption (document A/59/277).

He said there was a discussion about a second decade on indigenous people, and he confirmed that the Office of the High Commissioner for Human Rights and the High Commissioner was ready to cooperate with States and indigenous peoples in elaborating a draft program of activities.

He noted also a report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples to be presented to the Committee (document A/59/258).

ELISSAVET STAMATOPOULOU-ROBBINS, Chief of the Secretariat of the Permanent Forum on Indigenous Issues, Department of Economic and Social Affairs, said the profile of indigenous issues had risen over many years, with the agenda now expanded to include indigenous concerns in areas such as economic and social development, the environment, health, education and culture.  Numbering some 370 million spread across all continents and some 70 States, indigenous peoples interfaced with today’s world, yet maintained their rich cultures and identities as groups.  Indigenous peoples remained among the world’s most marginalized and poor, and faced disproportionately high health risks, poor formal education and high unemployment.  In addition to social exclusion, they had been affected by conflict –- killed, enslaved, impoverished, internally displaced and fleeing as refugees.  Their living conditions had often been described as “fourth world”, in recognition that these communities experienced third world conditions in the middle of developed and wealthy nations.

The year 2000 had signalled a turning point in indigenous issues at the United Nations, she said, with the establishment of the Permanent Forum on Indigenous Issues.  The Forum stood as a concrete achievement of the International Decade of the World’s Indigenous People.  A comparison of the Forum’s mandate with the Programme of Action for the Decade revealed Member States’ intention to end the marginalization of indigenous issues in public policy and to promote an active indigenous participation.

At its third session in May 2004, the Forum had witnessed increased participation of all stakeholders, she added.  Some 1,200 participants had been recorded, including 1,000 indigenous and other non-governmental organizations and representatives of academia, 70 States and 33 intergovernmental entities.  The Forum had adopted an impressive body of recommendations on indigenous women and had set the foundations for a multi-year programme of work for the United Nations system.  Its recommendations had wisely stressed the importance of focusing on regional issues and approaching the mobilization of solutions at that level, to bring increasingly concrete solutions to indigenous communities.  Furthermore, its decision to focus on the Millennium Development Goals as cross-cutting themes for the next two to three years would ensure that indigenous peoples were not left in the margins.

Discussion

A representatives of Cuba requested clarification on whether indigenous peoples should be referred to in English as “people” or “peoples”.  He noted that in Spanish most representatives of indigenous communities tended to refer to themselves as indigenous “peoples”.  He noted that some documents in English used the singular version, referring to indigenous “people”.  His delegation requested clarity on this issue, so as to be more consistent in the use of these terms in order to meet expectations of those interested in the proclamation of the second decade.

Ms. STAMATOPOULOU-ROBBINS, responding, said the Permanent Forum on Indigenous Issues had shown a preference for “peoples” in referring to indigenous communities.  She said the Forum had also insisted on the use of the word “pueblos” in Spanish, and not “poblaciones”.

Responding to a question by the representative of Canada regarding the follow-up on the issue of indigenous women, she said about 12 pages of recommendations had been adopted by the Permanent Forum on Indigenous Issues.  In a follow-up to the Forum’s recommendations there had been consultations with delegations and divisions for the advancement of women.  The Forum hoped to have indigenous voices on some of the high-level panels.  It was now organizing, through its web site, outreach efforts to indigenous women to keep them informed of the most recent developments so they would come to participate actively in the conference in March.

Statement by Special Rapporteur

RODOLFO STAVENHAGEN, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, reviewed the activities he had undertaken in the first three years of his mandate, noting that he had visited six countries, namely Guatemala, the Philippines, Mexico, Chile, Colombia and Canada.  He had also visited indigenous groups in Japan, Botswana, Norway and Finland in response to invitations from those groups.  He was pleased to see that several of those countries had already adopted mechanisms in follow-up to his recommendations.

During the first International Decade for indigenous people, he noted that international attention had been drawn to issues of concern for the world’s indigenous peoples.  However, the Decade’s goals had not been fully met, as serious violations of indigenous peoples’ human rights persisted.  Indigenous peoples remained particularly vulnerable to violations of their human rights due to their histories of marginalization.  Their social and cultural continuity had been weakened by the plundering of their land and natural resources, and policies of assimilation had diluted their identity.  Many indigenous peoples had disappeared.

In response to that situation, indigenous peoples had comprehensively laid collective claim to their rights, he added.  The challenge now faced by governments was to meet those demands with a basic level of coherence.  Moreover, closing the development gap that existed between indigenous and non-indigenous populations constituted both a Millennium Goal and an objective of international law and would require integral, intensive and sustained policies.

On his second and third reports to the Human Rights Commission, he noted that development projects had often proved devastating to indigenous peoples, and that indigenous peoples continued to be denied equal access to the judicial system in some countries.  One of his primary concerns was the trend towards criminalizing –- and even applying counter-terrorist legislation –- to indigenous protest.

Due to the multi-faceted discrimination they had traditionally suffered, he continued, the situation of indigenous women was also of particular concern.  Their situation and rights must be respected both by the non-indigenous world and within their own communities.  The situation of indigenous children also remained tragic in some countries, particularly regarding the forced recruitment of indigenous children and adolescents in some zones of conflict, such as Colombia.

His mandate also provided for communications with governments regarding complaints received from indigenous victims, he said, stressing that his mandate recognized complaints received from those self-identifying and identified by others as indigenous, whether or not such a definition existed.  Praising the creation of the Permanent Forum, his office and the working group on indigenous issues as milestones, he yet stressed that none of the work accomplished thus far would have the value it deserved without the General Assembly’s adoption of the draft Declaration on the human rights of indigenous peoples, presently under discussion in the Commission on Human Rights.

Discussion

In a discussion following his presentation, Mr. Stavenhagen heard questions from the representatives of Canada, the Netherlands, Norway, and Guatemala about the possibility for future collaboration with other United Nations Special Rapporteurs on issues affecting indigenous peoples, on how to address the social disadvantages and discrimination suffered by indigenous peoples and how customary law could play a role in addressing indigenous issues in the justice system.  What were the most pressing problems facing indigenous women and girls today?  What measures did he propose that delegations take in order to implement his recommendations at the regional, national, and international levels?  How could the role of the Permanent Forum on indigenous issues be maintained and strengthened to contribute to that end?

Mr. STAVENHAGEN, responding to the questions posed by delegations, said there was a great deal of cooperation among the different mechanisms of the United Nations system.  The annual meetings of Special Rapporteurs in Geneva had promoted cooperation among the Special Rapporteurs.  There had also been cooperation with the Permanent Forum to coordinate activities so they dovetailed with each other.

Regarding the situation of indigenous women and girls, he said that situation was particularly dramatic and was truly tragic in many countries.  At the present time, the situation was not getting adequate attention from the international community or from non-governmental organizations.  He had always made special efforts to meet with representatives of indigenous women in different countries.  Indigenous women and girls suffered enormous violations of human rights.  Procedures were under way to develop programmes with participating governments and indigenous communities to explore possibilities for follow up and implementation of his recommendations.

He said the importance the customary laws of indigenous peoples was not recognized in many places, and had recommended special procedures to take into account the importance of customary law to use in the administration of justice to create more fair and balanced justice systems.

The representative of Guatemala pointed out a statistic in the report about the numbers of indigenous peoples in her country.  Mr. STAVENHAGEN said the Secretariat would ensure that the mistake would be corrected.

Statements by Delegations

FREDERICO S. DUQUE ESTRADA MEYER (Brazil), speaking on behalf of the RIO Group, said he welcomed the work of the Voluntary Fund for Indigenous Peoples as a pioneer in the financing of indigenous projects on the basis of their concerns.  The work of the Fund had been in keeping with the platform for reform presented by the Secretary-General.  The accomplishments of the first International Decade for Indigenous People had led to progress regarding the problems confronting indigenous people throughout the world.  To continue that progress, the RIO Group supported the proclamation of a second International Decade to continue the establishment of norms and policies for respect of indigenous priorities.

The establishment of the Permanent Forum should be considered one of the most significant achievements of the first Decade, he said, and the importance of the creation of a post of Special Rapporteur should also be underscored.  The draft declaration on the human rights of indigenous peoples, presently before the Commission on Human Rights, should be adopted before the end of the year, so that it could be considered as another achievement of the first Decade.

Recalling that the Office of the High Commissioner on Human Rights had requested the views of Member States on the results of the first International Decade, he said that all the responses received had reflected the progress made on indigenous issues in the first Decade.  Those achievements must be strengthened so as to recognize indigenous peoples and give them greater access to decision-making.  Moreover, the mainstreaming of indigenous concerns within the work of several United Nations specialized agencies should be built upon.  These achievements, and others, should all be expanded.  That expansion would be achieved through proclamation of a Second International Decade for Indigenous People.

STUART LESLIE (Belize), on behalf of the Caribbean community (CARICOM), said the past decade had resulted in a growing understanding of the obstacles faced by indigenous peoples in preserving their culture, livelihood and communities, while improving their living conditions.  As the International Decade of the World’s Indigenous People drew to a close, CARICOM hoped that a special effort would be made to realize its aims, including the adoption of a draft declaration on the rights of the indigenous peoples by the end of 2004.

He said education was a critical component for the future promotion and protection of human rights of indigenous populations.  The CARICOM was aware of the importance of strengthening the human and institutional capacities of the indigenous peoples to actively participate in decision-making processes. The CARICOM saw itself playing an important role in the development of the world’s indigenous peoples.  It remained committed to ensuring that its countries protected and improved the quality of life of its indigenous peoples.  Indigenous populations were among the most vulnerable, and it was necessary to ensure that they benefited from any advancement in national development.

The CARICOM was aware of the contributions indigenous peoples had made towards national development and was firmly committed to ensuring their protection and an improvement in their quality of life.  Many indigenous peoples continued to live in poverty and experienced discrimination and human rights violations.  He urged the international community to work harder to ensure the improvement of the conditions of indigenous peoples and to respect and protect their civil rights.

KUIDO MERITS (Estonia) said his country fully supported the goal of promoting greater opportunities for indigenous peoples to influence their own destinies and safeguard their unique identities.  Estonia fully supported the adoption of the declaration on the rights of indigenous peoples, and wished to stress that, despite the progress recorded in many areas, many indigenous peoples still remained concerned about the preservation of their languages and cultures.  Emphasizing the need to unlink the elaboration of the Declaration from the proclamation of a second International Decade, he expressed his country’s support for proclamation of a second Decade.  Estonia would contribute, as financially able, to the Voluntary Fund, and would also participate actively in the work of the Permanent Forum on Indigenous Issues.

Of particular concern to Estonia was the situation of the Finno-Ugric and Samoyed populations, he said.  Among the numerous Finno-Ugric people, only those of Estonia, Finland and Hungary had achieved statehood; the majority of other Finno-Ugric people lived in the Russian Federation.  According to census data, the Finno-Ugric population had decreased dramatically in that country –- from 3.3 to 2.7 million since 1989 -– and the number of individuals still speaking one of the Uralic languages had dropped below two million.  The Fourth World Congress of Finno-Ugric People had drawn attention to the continuous decay of the national identity of the Finno-Ugric people and called upon the international community to pay more attention to protecting the rights of indigenous peoples.

Opportunities to use native languages and to take measures to preserve and develop education in the native languages of the Finno-Ugric peoples must be increased, he concluded.  There must also be greater attention to problems related to the exploitation of natural resources in the traditional territories of the Finno-Ugric people, in particular the extraction of oil.  Developments of this kind contributed to the degradation of the traditional living environment of the indigenous population.

DONNETTE CRITCHLOW (Guyana) said that while the establishment of the Permanent Forum on Indigenous Peoples had brought the concerns of indigenous peoples to the attention of the international community, the high incidence of poverty among indigenous peoples, lack of access to education and health facilities, abuses of their human rights and exclusion from decision-making continued to perpetuate their marginalization in many societies.  The draft declaration on the rights of indigenous peoples, in which so many had placed high hopes, had still not been elaborated.

She said that as a multi-ethnic developing country, Guyana accorded priority to social cohesion and the participation of all its citizens, including Amerindians, in its national affairs.  Every effort was made to ensure that indigenous peoples enjoyed their human rights and fundamental freedoms.  Guyana was supportive of the proclamation of a second decade of the World’s Indigenous People, which, coupled with a well thought out programme of activities, could build on the momentum of the first decade and assist in the consolidation of the rights of indigenous people.

SILVIA ESPINDOLA (Ecuador) said that the International Decade for Indigenous People had raised awareness on issues of concern to indigenous peoples, and contributed to finding solutions to the challenges they faced.  It had enabled indigenous groups to share their experiences and to establish links with various agencies and organs of the United Nations system.  One of the greatest achievements of the Decade had been the establishment of the Permanent Forum on Indigenous Issues, which served as a meeting point between States and indigenous peoples in which they could discuss issues related to human rights, as well as economic, social and cultural development and health and living conditions.  To continue the achievements of the first decade, Ecuador supported proclamation of a second International Decade.

As a country comprised of 12 nationalities and more than 17 ethnic groups, she noted that Ecuador had recognized diversity in its Constitution.  The country’s charter had provided for the participation of ethnic minorities in both the public and private spheres.  Ecuador also recognized and guaranteed respect of the human and collective rights of indigenous peoples and held it to be in the national interest of the country to promote the social and economic development of indigenous peoples.  Ecuador remained fully supportive of the work of the Permanent Forum and expressed the hope that the working group would soon conclude its work on the Declaration on the Rights of Indigenous People.  Indigenous peoples deserved special attention as they were often the most affected by hunger, poverty and lack of access to basic services, she concluded.

NDUKU BOOTO (Democratic Republic of the Congo) said indigenous peoples had struggled a long time to make the international community aware of their concerns.  There had been positive development in the realization of the goals set by the programme of action of the International Decade.  Her country had many ethnic and tribal groups and welcomed the establishment of the Permanent Forum on Indigenous Issues, which was a symbol of progress that had given indigenous peoples a voice within the United Nations system.

She said the United Nations Fund for Indigenous Populations was another critical instrument in meeting the challenges related to indigenous peoples.  Various activities had been conducted over the decade, including seminars on multiculturalism in Africa and training programmes conducted by indigenous peoples themselves.  Progress had been made in giving indigenous issues more visibility.  But there was still a long road ahead, she added.  There was much more still to be done towards the preservation of indigenous cultures which was crucial in protecting their human rights.  She called on the international community to continue working to ensure that indigenous peoples could enjoy their rights and freedoms.

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