Sixty-first General Assembly

Third Committee

17^th & 18^th Meetings (AM & PM)

DECLARATION ON RIGHTS OF INDIGENOUS PEOPLES MUST BE ADOPTED WITHOUT CHANGE

TO AVOID DELAY, THIRD COMMITTEE TOLD

 

But Several Delegations Call Text Unworkable,

Contradictory, Deeply Flawed; Discussion of Children’s Rights Concludes

Member States must adopt without change or delay the Declaration on the Rights of Indigenous Peoples, Rodolfo Stavenhagen, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people told the Third Committee (Social, Humanitarian and Cultural) as it began its discussion of indigenous issues.

The adoption of the draft Declaration by the Human Rights Council at its first session was a result long-awaited by indigenous people and the human rights community, coming after almost 20 years of negotiations in Geneva, he said.  The Declaration represented a new path for the protection of the human rights of indigenous people and reflected the emerging international consensus on the content of their rights.  He appealed to Member States not to disappoint the hopes of indigenous people of the world.

Mr. Stavenhagen drew attention to the “implementation gap” between legal standards and substantive change in the lives of indigenous people.  That gap was a serious problem that deserved the careful attention of the Human Rights Council and the General Assembly.  He noted that in many countries, international norms and principles were not always applied in domestic legislation.  Generally speaking, there were no adequate mechanisms in place to monitor the effectiveness of indigenous legislation and to evaluate its impact, he said.  The bodies responsible for protecting indigenous rights were often weak and vulnerable and did not have the necessary political and financial support.  Organizations defending indigenous people were often pressured and sometimes threatened and harassed, he said. 

José Antonio Ocampo, Under-Secretary-General for Economic and Social Affairs, echoed the call for adoption of the Declaration on the Rights of Indigenous Peoples at this session of the General Assembly.  The Declaration provided the international community with a comprehensive international standard towards which all should strive together, he said.  Mr. Ocampo noted that too often indigenous people experienced violations of their basic human rights and were excluded from national development processes.  The United Nations, therefore, had an obligation to continue to promote respect for the full and effective participation of indigenous peoples in development processes at all levels. 

While many delegations expressed support for the draft Declaration -- including Estonia, Greece, Mexico, the Nordic countries, Peru and Spain -- some expressed strong reservations.  The representative of New Zealand, speaking also on behalf of Australia and the United States, said those countries could not accept the adoption of a text that was confusing, unworkable, contradictory and deeply flawed.  For example, the Declaration’s reference to self-determination could be misrepresented as conferring a unilateral right of self-determination and possible secession, thus threatening the political unity, territorial integrity and stability of existing Member States, she said. 

She noted that there was no consensus on the draft and no opportunity for States to discuss the current text collectively.  The Human Rights Council and its President had rejected calls for more time to improve the text, setting a poor precedent for the work and role of the Council, she said.  The Declaration’s provisions on lands and resources would be “unworkable and unacceptable”, she said, adding that the text lacked even a definition of “indigenous peoples”.  It might be true that the Declaration was not legally binding in any way, but indigenous people deserved a declaration that was clear, transparent and capable of implementation.  The current text failed all those tests and could lead to disputes, bitterness and unfulfilled expectations on all sides.

The representative of Colombia also expressed concerns over the manner in which the Human Rights Council had adopted the Declaration, noting that more work was needed to achieve a text that could be adopted without reservations.

Nearly all delegations expressed concern over the ongoing problems facing indigenous people, urging greater international cooperation to address remaining challenges.  The representative of Ecuador noted that the Second International Decade for Indigenous People took into account that most indigenous people in developing countries grappled with inequality, economic and social exclusion as well as hunger, malnutrition, unemployment and little or no access to health care, education and housing.  Governments needed to show greater political will and concerted action to end such abuses, she said.

Also speaking on indigenous issues were the representatives of Fiji, Panama and the Russian Federation. 

Representatives of the International Organization for Migration (IOM), the World Intellectual Property Organization (WIPO) and the International Fund for Agricultural Development (IFAD) also made statements. 

In other business, the Committee this morning concluded its debate on the promotion and protection of the rights of children, hearing from the representatives of Suriname, Peru, Albania, Morocco, Iran, Bahrain, the Gambia, Malaysia, the Philippines, Israel, the Congo, Jamaica, El Salvador, Kenya, Palestine, Fiji, Burkina Faso, Sri Lanka, Ethiopia, Eritrea, Mali and Cameroon.  An observer from the Sovereign Military Order of Malta also spoke, as did a representative of the International Committee of the Red Cross (ICRC). 

The representative of Lebanon spoke in exercise of the right of reply. 

The Committee will meet again at 10 a.m. on Tuesday, 17 October, to conclude its debate on indigenous issues.

Background

The Third Committee (Social, Humanitarian and Cultural) met today to conclude its discussions on the promotion and protection of the rights of children. 

For more background on this issue, please see Press Release GA/SHC/3852 of 11 October. 

The Committee also began its general discussion of issues concerning indigenous people.  Presented before it was the Secretary-General’s note transmitting the report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (document A/61/490).  The report highlights activities carried out by the Special Rapporteur from November 2005 to October 2006, noting concerns demanding urgent attention. 

His work included a thematic report on implementation of standards and jurisprudence relating to the rights of indigenous people; country visits to New Zealand and Ecuador; follow-up visits to Guatemala, Mexico and Canada; and communications with Governments regarding alleged human rights violations of indigenous people worldwide.  The report refers to the relevance of the United Nations Declaration on the Rights of Indigenous Peoples adopted at the Human Rights Council’s first session.  

In addition, the Committee had before it the Secretary-General’s note on the status of the United Nations Voluntary Fund for Indigenous Populations (document A/61/376), which discusses the Fund’s activities, income and expenditures, as well as pledges and payments made.  It also provides updates to the previous biennial report (document A/59/257) and reports on the 2005 and 2006 sessions of the Board of Trustees. 

The note states that the Board of Trustees would need an additional $733,600 to process 2007 applications and successfully fulfil its mandate before its twentieth session scheduled from 26 February to 2 March.  Further, the note strongly encourages Governments that have not yet contributed to the Fund to do so and encourages donors to contribute to the Fund by year’s end so that the United Nations Treasurer could record their contributions before the upcoming annual session.

Statements on Children’s Rights

ROSITA HUBARD ( Suriname) said the development of children has often been inhibited by poverty, lack of education, discrimination, armed conflicts, exploitation, violence and abuse.  The social situation of families should be improved as a first step to addressing situations that impede the development of children.  Children had often been considered as representing the future, but they were also part of the present.  Investing in children was therefore an investment in sustainable development and enhanced human security.

Suriname had ratified the Convention on the Rights of the Child in 1993 and its Optional Protocols in 2002, she said.  Its lead institution for monitoring and coordinating social policy and programmes for children had been the Ministry of Social Affairs and Housing.  In cooperation with non-governmental organizations, a Child Abuse Network had been established, and a national policy plan had been drafted giving priority to policy regarding children.  The implementation of that policy framework had taken place in cooperation with United Nations agencies, such as the United Nations Children’s Fund (UNICEF).

ROMY TINCOPA ( Peru) noted that her Government had adopted an agenda to protect children’s rights that prioritized the poverty reduction and improved access to health care and education, protection against violence and exploitation, and the inclusion of young people in decision-making.  Also, the Government had taken measures to eradicate child sex tourism and address the problem of child rape.  Since 2002, the country had been following a national plan of action for children and adolescents aimed at eradicating all forms of violence against children.  School curricula had adopted a gender-sensitive approach.  A programme had been launched to train youth advocates. 

While Peru had made progress, a great deal remained to be done, she said.  Her country was committed to continue working towards the complete elimination of violence against children and noted the importance of implementing the recommendations of the in-depth study on this issue.  Her delegation welcomed the report’s suggestion for the appointment of a Special Representative of the Secretary-General to act as global advocate for children, noting the need for better coordination within the United Nations to cope with the problem of violence against children.

LORENC XHAFERRAJ ( Albania) said his country, having signed a Stabilization and Association Agreement with the European Union, had been striving to implement European Union standards especially those regarding human rights.  It strongly believed that the future belonged to children and was firmly committed to promoting and protecting their rights.  Albania had ratified the most important international instruments dealing with the protection of children including those in the areas of organized crime, labour and cyber crime.  A number of policymaking structures responding to violence had been set up.  The Government was fully committed to reviewing its strategy and analyzing gaps, failures and other situations in order to achieve better implementation.

A National Strategy for Children had been adopted by the Government in 2001 and a Tirana Child Helpline, established a year ago, was now fully operational, he said.  The Government had been cooperating with UNICEF and other United Nations specialized agencies.  Exclusion of children in Albania had mainly derived from past rural poverty and weak institutional decentralization, and from today’s internal and international migration, insufficient policies and funds, inadequate mechanisms enabling the better implementation of laws, et cetera.  Reducing poverty, launching special educational and cultural programmes and projects for children, and -– in parallel -- tough measures against abusers and traffickers, had been among concrete measures and priority targets of the Government.

Mr. KADIRI ( Morocco) noted that despite the progress achieved, the international community was still far from achieving its agreed objectives.  Millions of children were denied their most basic rights including access to health and education.  Many were cruelly exploited and subjected to violence, which was further exacerbated in conflict situations.  His delegation called upon the international community to strengthen joint action and take concrete measures to protect children and ensure their right to a dignified life. 

Morocco had undertaken efforts to harmonize its national laws with the Convention on the Rights of the Child, he said.  It had reformed the penal code, organized tribunals for children and reformed procedures for dealing with under-aged accused.  The Government also worked to increase school enrolment and had launched a national programme to distribute schoolbooks to children from poor families especially girls from rural areas.  He noted the growing synergy between the efforts of the Government and non-governmental organizations working to protect children’s right to life, development, protection and participation.

PAIMANEH HASTEH ( Iran) said that, four years on, the objectives of the United Nations Special Session on Children had yet to be achieved.  An important issue that had received little attention related to factors which had increased demand for the commercial exploitation of children.  The impunity of sexual exploiters, the pernicious effects of a globalized free market, discriminatory attitudes -– especially discrimination on the basis of race, colour and ethnicity -– and traffickers’ greed had been among the main factors, which went hand in hand with poverty, social inequity at the local level and economic disparities at the global level.  It was very important to take the necessary measures to eliminate the commercial sexual exploitation of children by adopting a holistic approach and addressing the contributing factors.

The situation of children in armed conflicts was another area of concern that needed attention, she said.  The international community should make necessary efforts towards combating the violation of rights of children in situations of armed conflict and foreign occupation.  In the Occupied Palestinian Territory, Palestinian children had been routinely harassed and intimidated by the occupying forces of the Israeli regime, through the shelling of houses and schools, the killing and injuring of children or their detention, raids on schools, the beating of teachers in front of students, and the prohibiting of the construction of schools.  Iran had vigorously pursued the objectives set down in the Convention on the Rights of the Child and there had been greater emphasis on conditions likely to contribute to quality improvements for disadvantaged children.

Mr. ALHIDDI ( Bahrain) stressed that the international community must honour its commitments to protect children.  Bahrain had acceded to the Convention on the Rights of the Child and its Optional Protocol on children and armed conflict.  Bahrain’s laws, policies and programmes were consistent with its treaty obligations.  The Kingdom also had acceded to the Convention on the prohibition of the worst forms of child labour.  He said a national commission for children had been formed.  The Kingdom had undertaken a programme for orphans beginning in 2001, providing monthly financial assistance.  The Government was committed to efforts to improve the social well-being of young people and was working to strengthen coordination with civil society.

CRISPIN GREY-JOHNSON ( Gambia) said the United Nations study on violence against children led by Paulo Sergio Pinheiro had been timely and momentous in refocusing the world’s attention on an issue that for decades had been a taboo.  It had generated momentum for serious policy and programmatic discussions at the national and international levels to tackle that ugly phenomenon.  The Gambia commended the collaborative, inclusive and participatory way in which the study had been prepared including the active involvement of Gambian children.

Quoting the First Lady of the Gambia, H.E. Madam Zineb Yahya Jammeh, at the launch of the All Africa Special Report titled Ending Legalized Violence Against Children, he said the dynamic role played by children could not be downplayed; discipline without doubt was quite cardinal in raising children, but policymakers should make sure that the enforcement of disciplinary values did not marginalize or brush aside the rights of the child.  In the Gambia, the Government had been collaborating with UNICEF and civil society under the umbrella of a Child Protection Alliance to address child sex tourism, child trafficking and violence in schools and communities.  International and subregional cooperation would remain crucial to success.  In education, gender parity in basic education -– one of the Millennium Development Goals -– had been achieved; it was hoped that by 2015 there would be equal enrolment of boys and girls with a view to achieving universal access.

HAJI FADILLAH HAJI YUSOF ( Malaysia) said that many problems facing children were closely related to under-development, poverty and conflicts in developing countries.  The problems could not be solved unless these underlying issues were addressed.  As had been previously noted, obstacles to achieving internationally agreed goals included lack of resources and the decline in international funding.  Malaysia’s National Plan of Action for Children focused on development, protection and participation of children including programmes for children with disabilities. 

There was an urgent need for a strong international partnership to address the root causes of the problem and for mechanisms to be put in place to prevent violence against children, he said.  Ensuring that children were protected from violence was critical to achieving the Millennium Development Goals.  He commended the independent expert for his in-depth study on all forms of violence against children, but noted one glaring omission in the report’s failure to address the situation of children in the Middle East, particularly in the occupied territories. 

MARIE YVETTE BANZON (Philippines) said her country had in April 2006, in response to a call from the Committee on the Rights of the Child, passed the Comprehensive Juvenile Justice and Welfare Act that raised the age of criminal liability, introduced a diversion programme to deal with youth offenders without resorting to formal trial procedures, and established a juvenile justice and welfare council to monitor compliance and implementation.  Consultations had meanwhile been initiated on banning corporal punishment, strategic planning on children and HIV/AIDS had been done, and ongoing regional training on the protection of children in armed conflict had begun.  Investigative studies and discussions with parents and children on how to improve efforts to combat child pornography had also begun.

October had been National Children’s Month in the Philippines aimed at emphasizing the importance of the role of the child within the family and society, she said.  The Philippines had intensified the implementation of its Child 21 Plan, a national strategic framework plan for the development of children.  Regarding resource mobilization, the Philippines continued to call on international partners, the United Nations system and international organizations to continue to assist States in implementing their goals for children.  The family –- the natural environment for growth and well-being of children -– had to be supported in order for children to be protected from all physical, emotional and psychological harm.

TUVIA ISRAELI ( Israel) said children made up nearly one third of the country’s population and 10 per cent of those children were immigrants.  Israel focused on prenatal care and on providing a first-rate and comprehensive education.  Remaining challenges included child poverty, with 35 per cent of children in Israel living below the poverty line, an increase of 2 per cent from the previous year.  The Government had undertaken a number of initiatives to address that problem with the goal of reducing child poverty to 15 per cent within a decade. 

There were external challenges as well, with Israeli children subjected to the constant threat of terror.  Currently, children in the southern city of Sderot and other villages in the area were under constant threat of attack from Hamas terrorists who launched Qassam rockets at Israel from the nearby Gaza Strip.  He expressed dismay at the statement of the representative of Lebanon last week blaming Israel for the suffering of Lebanese children.  It was Hizbollah that was to blame, he said, for attacking Israel on 12 July 2006 and holding all of Lebanon hostage to its selfish and unholy aspirations.  During that time, one million Israelis, one third of them children, were forced to flee their homes and live in bomb shelters. 

EMILE ANGE MILO MBOU-MYLONDO ( Congo) said that, since the special session on children, efforts had been made worldwide to offer children a better life.  However, despite advances made in some individual countries, much remained to be done at the global level.  Tens of millions of children continued to die every year from preventable illnesses; 100 million -– 60 per cent of them girls -– lacked education; and millions were victims of HIV/AIDS, poverty, armed conflicts, discrimination, et cetera.  The Congo had adopted two governmental strategies to address the problems of children and had put the Ministry of Social Affairs in charge of coordinating activities for the promotion of children.  Children’s welfare had been taken into account in the elaboration of the country’s Poverty Reduction Strategy Document.

Children in the Congo had the means for free expression and participation in decision which affected them such as a Children’s Parliament, established in 2003, which had proven itself as part of the institutional landscape, he said.  During its second national gathering, its young deputies had reflected on the problem of mistreatment.  Their conclusions had informed the action of the Ministry of Social Affairs, notably in this year’s celebration of the Day of the African Child.  As in many other sub-Saharan African States, HIV/AIDS had been an obstacle to development in the Congo, where the Government and UNICEF had put into place a national plan for 2003-2006 that included strategies for reducing the transmission of HIV/AIDS from mother to child and for supporting the orphans of affected families.

ARIEL BOWEN ( Jamaica) pointed out that the reverse side of violence against children was the involvement of children in armed conflict, where children themselves were forced by adults to become the perpetrators of violence in societies.  Her delegation had taken a special interest in that issue, firmly believing that there could be no justification for the forced recruitment of children as soldiers or engaging them in violence. 

The promotion and protection of the rights of children in Jamaica was a priority of her Government, which had undertaken a number of initiatives to protect children from abuse, promote healthy lifestyles and provide quality education, she said.  Jamaica had reduced infant and maternal mortality and reduced severe and moderate malnutrition among children under age five.  There was also an ongoing programme of immunization and increased access to safe drinking water.  Her country continued to grapple with the problem of HIV/AIDS and the increasing rate of infection of women and girls.  Efforts to achieve the target of reducing the proportion of infections among infants by 20 per cent by 2005 and 50 per cent by 2010 rested with Jamaica’s ability to find adequate funds to support its political commitment. 

CARLOS ENRIQUE GARCIA GONZÁLEZ ( El Salvador) said his Government attached great importance to the rights of children.  It wanted to stress the work of a Salvadorian institute, which had helped children up to the age of 18 who had been at risk from mistreatment, violence within the family, gangs, begging, child labour and sexual exploitation.  Cases had been dealt with by family and community means and through 11 centres administered by the institute.  Special attention had also been given to disabled children, those with HIV/AIDS, migrant children and those up for adoption.

Multilaterally, El Salvador welcomed the report on violence against children, he said.  It did not share all its recommendations, but it hoped it would make a contribution towards a more secure future for children.  El Salvador reiterated the principles of non-discrimination, participation and the survival of children.  There had to be more resources, earmarked effectively, in order to attain time limits that had been set for eradicating poverty.  El Salvador commended the work of UNICEF, United Nations Development Programme (UNDP) and other United Nations agencies with concerning child-related issues.

Ms. WAMALWA ( Kenya) stressed that children affected by war should receive priority attention.  She drew particular attention to the plight of Somali children, including those living in refugee camps in Kenya.  Her country was committed to the goals agreed in the outcome document of the special session of the General Assembly, “A World Fit for Children”.   Kenya had expanded the provision of quality education, including by providing free primary education.  It also had opened non-formal education centres for older children.  Girls who had left school due to pregnancies were being readmitted.  However, the number of new students had exceeded existing capacity and Government expenditures were stretched. 

On improving the protection of children from violence, she said, Kenya had enacted the Sexual Offenses Act -- a major milestone – but there was still the need to improve enforcement of such legislation.  She also highlighted a law prohibiting female genital cutting, which had posed a major challenge.  Among the health challenges cited was the threat posed by HIV/AIDS, though prevalence rates among children had dropped from 17 per cent in 1997 to 5.7 per cent currently.  Concluding, she noted that the burdens of national debt and unfair global trade practices were carried by children.  It was a major concern if children grew up thinking that this was an unfair world with different standards for different classes. 

NADYA RASHEED, Observer of Palestine, said the Israeli occupation of Palestinian territory, including East Jerusalem, had negatively impacted all aspects of life for Palestinian children.  Since September 2000, Israeli occupying forces had killed over 900 Palestinian children, the highest number in any six-year period since the onset of the occupation in 1967.  At least 91 Palestinian children had been killed during this year alone, almost double the number for 2005, according to UNICEF.  Countless other Palestinian children had been injured, arrested, detained, left homeless and in many cases left motherless and fatherless.

The deaths of Palestinian children at the hands of Israeli occupying forces had usually been given only a cursory investigation, if at all, she said.  This had fostered a culture of impunity among the occupying forces and had heightened their perception that they were immune from the law and would not be held accountable for their illegal actions.  Such a culture of impunity would only grow with even more disastrous consequences unless measures were taken to bring the perpetrators to justice.  It was impossible to reconcile the ideals of A World Fit for Children with the world in which Palestinian children lived under occupation.

SIMIONE ROKOLAQA ( Fiji) said that the international community needed to
re-evaluate its commitment to end violence against children and develop a multifaceted and systematic framework to better respond to the problem.  His delegation supported the recommendation of the independent expert for the appointment of a Special Representative on Violence against Children who would have a clear mandate with specific, time-bound goals. 

He said Fiji had ratified the Convention on the Rights of the Child and signed its two Optional Protocols.  It also had undertaken a number of reforms to ensure that its national laws were in line with international Conventions, including by making revisions to the Family Law Act and to the Criminal Procedure and Penal Codes.  The Fiji Police Sexual Offences Unit provided specialized services to victims of sexual offences and child abuse, and the Director of Public Prosecution had developed an inter-agency guideline for the handling of neglected children and victims of abuse.  The country’s Constitution guaranteed children’s right to life and basic education, and tuition assistance was provided to children in primary and secondary schools.

KARIME GANEMTORE ( Burkina Faso) said nothing could justify violence against children and his country had judicial and institutional instruments favourable to the protection of children.  However, enormous hurdles remained.  Five million children had not been registered; the infant mortality in 2003 had remained high at 83 per 1,000; and malnutrition had affected 19 per cent of children under five.  Orphans and other vulnerable children faced greater problems such as poverty, HIV/AIDS and a lack of means for foster families.  Adolescents had often been the victims of many forms of injustice such as physical violence, sexual abuse, forced labour and prostitution.

The Government had a manifest conviction to pay particular attention to the promotion of childhood, he said.  More and better pre-school education and programmes aimed at the needs of children were needed.  Other priorities included reinforced parental education and more accessible texts of laws concerning children, women and the family; the elimination of all forces of discrimination at the family level; putting into place social services; the involvement of children in decisions which concerned them; and the promotion of programmes addressing the risks faced by orphans and vulnerable children.

A.L. ABDUL AZEEZ ( Sri Lanka) noted that the issue of children and armed conflict was of critical concern to Sri Lanka, which had been afflicted by violence and terrorism by the Liberation Tigers of Tamil Eelam (LTTE) for almost two decades.  Noting the report of the Special Representative on children and armed conflict, he said that his Government was resolved to do what it could to protect children but could not act alone.  The LTTE must take urgent, verifiable, concrete measures to cease recruitment and use of children and armed conflict as promised to the previous Special Representative in 1996.  It was time to consider punitive action against the LTTE if it failed to bring an end to that abusive practice and release all children in its control.  He said the Government welcomed the upcoming visit in November of the Special Adviser of the Special Representative for Children and Armed Conflict and hoped his visit would make the LTTE fulfil its long-overdue commitment to ending the use of children in armed conflict and to agree to a human rights framework that respects the rights of children and democratic freedoms.

LULIT ZEWDIE MARIAM ( Ethiopia) said his country agreed with the way forward indicated in the Secretary-General’s report on the follow-up to the special session.  A strengthened poverty reduction programme could have a strong influence on the improvement of the situation of children as they were the ones who to a large extent bore the brunt of poverty.  The Government had been taking concrete measures towards ensuring the welfare of children in accordance with international agreements and a National Plan of Action –- established with the direct involvement of children, among other stakeholders -– had been showing encouraging results.

Responsibility for coordinating children’s issues had been given to the newly established Ministry of Women’s Affairs, she said.  In an effort to attain the Millennium Development Goals, the Government had allocated the lion’s share of its budget to education.  Violence against children committed by close family members was the most heinous crime of humankind.  In the new Penal Code, the abduction, trafficking, exploitation and abuse of children as well as female circumcision had been deemed criminal acts, punishable by 5 to 20 years imprisonment.  The Family Code had meanwhile been revised setting a minimum age for marriage.

ARAYA DESTA ( Eritrea) noted that his country had a long-standing commitment to improving the welfare of children and was Party to the Convention on the Rights of the Child and its two Optional Protocols, as well as to the Convention on the Elimination of All Forms of Violence against Women.  Despite limited human, financial and material resources, the Government had made considerable efforts to meet the basic social needs of children, including through improving access to health services and to education.  Infant mortality and under-five mortality rates had declined.  The student population had grown from about 200,000 in 1993, when the country became officially independent, to about 700,000 currently.  To address the challenges of poverty and malnutrition, his Government had made food security a top priority.

His delegation appreciated the role played by the Special Representative of the Secretary-General for Children and Armed Conflict, and was pleased that her report indicated that the condition of children in several countries had improved considerably, including in Eritrea.  He stressed that the protection, rehabilitation and development of war-affected children in conflict and post-conflict situations should be highlighted in national and international policies and programmes. 

AMI DIALLO (Mali) said that 16 years after the World Summit co-chaired by her country, Mali believed it had fulfilled part of its obligations through a series of actions at the national, regional and international levels.  Nationally, a Plan of Action had been adopted that included the promotion of quality education, a solidarity fund for underprivileged children, the promotion of better health, the protection of children against abuse, exploitation and violence, and the creation of a children’s parliament.  On the regional level, Mali had become party to the African children’s rights charter; internationally, it had ratified the Convention of the Rights of the Child and its Optional Protocols.

He said that more evidence for Mali’s respect for its commitments included the struggle against child labour; the creation of an official travel document for children; awareness-raising to halt female mutilation; the struggle against the trans-border traffic of children through bilateral agreements with such countries as Côte d’Ivoire, Burkina Faso, Senegal and Guinea; and the signing of a multilateral cooperation agreement against trafficking in children in West Africa.

MARTIN BELINGA-EBOUTOU ( Cameroon) said the current debate was one of the most important for the Committee as children represented the future of societies and families.  Unfortunately, as the delegates had heard during the debate, the fate of children in many parts of the world particularly in Africa was a cause for anguish and despair.  Life for hundreds of millions of them was a daily fight against adversity.  For how long would the international community accept that children died every year from preventable diseases; that 150 million children went hungry; that almost 100 million children, mostly girls, did not have access to schooling? 

Attempts to eliminate poverty represented the vanguard in all efforts to ensure respect for children, he said.  However, resolutions adopted on the economic, social and cultural rights of children were far from being respected.  The international community had a moral responsibility to live up to its commitments.  Cameroon, for its part, had ratified almost all relevant international instruments regarding children’s rights.  Its domestic legislation also promoted children’s rights.  The Government had undertaken a number of initiatives to improve the lives of children, including the provision of universal free primary education, the provision of safe drinking water, vaccination programmes and efforts to counter HIV/AIDS.  Such efforts must be supported by the international community, he concluded.

MARY REINER BARNES, Representative of the Sovereign Military Order of Malta to the United Nations, said the promotion and protection of the rights of children had been fundamental to the Order.  Through the dedication of its more than
80,000 volunteers, it had been helping to assure children the right to be born, protected, educated and nurtured.  It had improved and expanded its programmes for children in Palestine, Afghanistan and elsewhere and would continue to do so.

Children were particularly vulnerable to human rights violations often unaware that they had rights, she said.  In the north of Gujarat, India, the Order provided pre-school education and daily meals to children from the so-called Untouchable class.  In Thailand, where 300,000 children had been orphaned by HIV/AIDS, the Order had been operating a health care project in remote mountain villages.  The signing by 122 nations of the Convention on the involvement of children in armed conflict had been encouraging, but it was not enough.  The Order hoped for successful peace negotiations between the Government of Uganda and the Lord’s Resistance Army, which had abducted large numbers of children and trained them as guerrilla fighters.

DOMINIQUE BUFF of the International Committee of the Red Cross (ICRC) noted the organization’s grave concern over the plight of children in armed conflicts and other violent situations.  It was unacceptable that children continued to be enrolled into armed forces and armed groups, separated from their families, killed or maimed, forced to flee their homes and abused sexually or otherwise exploited.  The past year marked an important turning point reflecting the ever-growing commitment of the international community to protect children in armed conflict with the appointment of a new Special Representative of the Secretary-General on Children and Armed Conflict, the implementation of Security Council Resolution 1612, and the upcoming revision of the Cape Town Principles. 

The fate of children affected by war, especially children associated with armed forces and armed groups, was of particular concern to the ICRC.  He stressed that working with children formerly associated with armed forces required commitment over time and therefore required long term vision, planning and funding.  Working with children separated from their families as a result of armed conflict also was a long term process.  The ICRC was concerned that while typically there was a rush of public attention at the outset of a new emergency, there was a limited commitment for long term funding essential for continuity and a durable presence on the ground. 

Statement in Right of Reply

Exercising the right of reply, the representative of Lebanon said his country had been the victim of State terrorism, the ultimate form of terrorism, in the form of Israeli aggression.  In its statement Lebanon had condemned the killing of all children; it would have liked to have heard a similar stance from the representative of Israel.  It was striking to note that in the recent conflict a third of the victims had been children.  Had Israel been at war with Hizbollah, or with children and civilians in Lebanon?  Children in Lebanon needed to play to recover from the trauma of Israeli aggression, but bomblets designed to look like toys or chocolate bars continued to terrorize, kill and wound children every day.

Statements by Under-Secretary-General on Indigenous People

JOSE ANTONIO OCAMPO, Under-Secretary-General for Economic and Social Affairs, noted that the United Nations agenda on indigenous issues had been revitalized by recent developments, including the 2005 World Summit.  The Organization’s comprehensive understanding of “development” as progress of all societies encompassing economic, social, environmental and human rights dimensions echoed many of the calls from indigenous peoples.  In working towards the Millennium Development Goals and the broader United Nations Development Agenda, there must be greater cooperation with indigenous peoples, he said.  At the end of the First International Decade of the World’s Indigenous People, the High Commissioner for Human Rights had found that indigenous people in many countries remained among the poorest and most marginalized.  The second Decade had been launched on 1 January 2005 with the goal to “further strengthen international cooperation for the solution of problems faced by indigenous people in such areas as culture, education, health, human rights, the environment, and social and economic development”.

Mr. Ocampo, as coordinator of the Second Decade, was most pleased to welcome the adoption of the Declaration of the Rights of Indigenous Peoples at the first-ever session of the Human Rights Council in June 2006 and looked forward to its final endorsement by the General Assembly during the current session.  The Declaration provided the international community with a comprehensive international standard towards which all should strive together, he said. 

He noted some developments regarding the work on indigenous issues since the adoption of the Decade’s Programme of Action, highlighting the work of the Permanent Forum, which had held its fifth session in May.  The session had focused on the Millennium Development Goals and indigenous peoples, making valuable recommendations on how to interpret and apply the targets so that indigenous peoples could be included and benefit from those processes.  The Forum provided fertile ground for the growth of a tripartite partnership among indigenous peoples, States, and the United Nations and other intergovernmental organizations.

Turning to the Trust Fund established by the Assembly to grant financial support to Decade-related projects benefiting indigenous peoples, he noted that the Fund had received more than 200 project proposals from around the world.  In 2006, the Fund would be able to support 23 projects, involving some $400,000.  He appealed to all States, intergovernmental organizations, foundations and others to contribute to the Fund, whose resources continued to be very limited.  Regarding the Programme of Action generally, one of the main challenges was limited resources both human and financial, he said.  It was clear that more Member States and international organizations, and more indigenous organizations and civil society actors should be engaged in pursuing the objectives of the Second Decade.  There was a need to act now to include indigenous issues among policy and budgetary priorities at the national and international levels.

Discussion

In response to a question from the representative of Cuba, Mr. OCAMPO said it was hoped that the Declaration would be adopted by all Member States as a fundamental framework for guiding national policies on indigenous peoples, with their active participation.  Within the Development Group at the United Nations, it had been felt that the Declaration had to be disseminated throughout the system so that everyone knew about it and that it could be promoted.  Work had also been under way for several months on how it could be incorporated into the efforts of working groups of the United Nations at the national level.  Funds had been very limited, however, and it was hoped that funding facilities would be generously replenished by many Member States.  It was also expected that with more activity by working groups at the national level, resources could be made available to different countries to support programmes for indigenous peoples.

Statement by Special Rapporteur

RODOLFO STAVENHAGEN, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, provided a general overview of his activities over the past year.  He noted that while there had been some progress in the legal situation, notably in Latin America, there remained an “implementation gap” between the legal standards and the substantive change in the lives of indigenous people.  That gap was a serious problem that deserved the careful attention of the Human Rights Council and the General Assembly.  He noted that in many countries, international norms and principles were not always applied in domestic legislation.  Public officials often were ignorant of international norms and the jurisprudence of courts often did not reflect international standards.  The divide between “formal” and “real” protections represented a violation of the human rights of indigenous people, he said.  Closing the gap represented a challenge and must be addressed by a programme of action for the human rights of indigenous people.

Generally speaking, there were no adequate mechanisms in place to monitor the effectiveness of indigenous legislation and to evaluate its impact, he said.  The bodies responsible for protecting indigenous rights were often weak and vulnerable and did not have the necessary political and financial support.  Organizations defending indigenous people generally were pressured and sometimes even threatened and harassed.  One of the clear manifestations of the implementation gap could be seen in institutional structures of public administration where bureaucratic inertia, “vertical authoritarianism” in decision-making and a lack of popular participation in decision-making were common problems.  The judicial sector was increasingly engaged in those issues and more training of judges and others involved in judicial processes was needed. 

He noted that indigenous people were increasingly using international mechanisms to secure their human rights.  The inter-American human rights system was playing an increasingly important role as was the African system.  United Nations treaty bodies also were being increasingly used to defend the rights of indigenous people.  All of that activity helped create a new pattern of good practices.  He reviewed the principle findings from recent missions to New Zealand and Ecuador, and from a follow-up visit to Guatemala.  He also noted that his office continued to receive a growing number of communications from indigenous and civil society representatives containing complaints of violations of indigenous people’s rights.  Very few States had followed up systematically on communications regarding those violations, prompting him to recommend to the Human Rights Council that special attention should be given during the universal periodic review of special procedures to the lack of adequate procedures for protecting the rights of indigenous people. 

In conclusion, he noted the importance of the adoption of the Declaration on the Rights of Indigenous Peoples by the Human Rights Council at its first session.  That had taken place after almost 20 years of negotiation in Geneva, he noted, and had been long-awaited by indigenous peoples and the human rights community.  The Declaration represented a new path for the protection of the human rights of indigenous people and reflected the emerging international consensus on the content of their rights.  He appealed to Member States not to disappoint the hopes of indigenous people of the world and to adopt without change or delay the Declaration on the Rights of Indigenous Peoples.

Discussion

In response to the representative of Ecuador, Mr. STAVENHAGEN said that many countries faced the problem of making regular law and indigenous law compatible.  No satisfactory solutions had been found, but the problem had to be confronted in those places where it existed in cooperation with international organizations and with indigenous organizations as well.

In response to the representative of New Zealand, he said he hoped that suggestions in his report referring to her country would contribute to the open democratic debate that had been under way concerning the Maori people. 

In response to the representative of Finland, he said he was very happy that the Declaration had been endorsed by the European Union, Finland and Norway.  If the Declaration was adopted, there would begin a search for ways to implement it.  Here the Special Representative would have a role to play, as too would others such as the Working Group on Indigenous Populations.

Statements

XÓCHITL GÁLVEZ RUIZ, Director General of the National Commission for the Development of Indigenous Peoples of Mexico, said that one of the main purposes of the Declaration on the Rights of Indigenous Peoples had been to provide a basis for an improved relationship between States and indigenous peoples based on the spirit of harmonic coexistence, full respect and consultation.  As a multicultural country with 62 groups of indigenous peoples, Mexico was fully convinced of the need to reach that objective.  Too many years had gone by in the negotiation of the Declaration; the results represented a maximum consensus.  It was now up to Member States to seize a historic opportunity to turn words into action.

It had been clear that the concerns of States regarding such issues as
self-determination, lands, territories and resources had been well-covered by the safeguards included by the President-Rapporteur, he said.  All necessary provisions to preserve the integrity of States and to protect the human rights of all had been included.  The Declaration should be seen in the context of the existing international framework; as well, it included safeguards which explicitly subjected it to obligations set out in the United Nations Charter and to international human rights obligations.

Mr. HEINES (Norway), speaking also on behalf of Denmark, Finland, Iceland and Sweden, noted that the Declaration on the Rights of Indigenous People was the result of more than 10 years of hard work by indigenous people and Member States.  While it was an imperfect document, the Declaration was the best solution that could be reached and would help strengthen protection of the rights of indigenous people worldwide.  It was first and foremost a political document, which meant that it was of utmost importance that the draft Declaration be adopted by the General Assembly.  It was important that the process be brought to an honourable and meaningful end. 

On progress achieved during the Second Decade of the World’s Indigenous People, he noted the significant role played by the United Nations Permanent Forum on Indigenous Issues.  The Forum had made Member States more aware of issues regarding indigenous people and played an important interactive role, acting as catalyst and adviser for the United Nations system as a whole.  The Forum’s fifth session in May had drawn a high degree of interest from United Nations agencies and the World Bank, evidence that the Forum had established itself as a key focal point on those issues. 

Indigenous people were among most marginalized groups in their countries and dispossession of land remained a major source of impoverishment, he said.  As one of the Millennium Development Goals was the eradication of poverty, there was a need to ensure that indigenous people had a real say in the way their traditional lands were administered.  The Nordic countries had lent their full support of the goals of the Second Decade and appreciated the work of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.  Noting the Special Rapporteur’s findings on the gap between written laws and their implementation, he said there was still a long way to go before indigenous people enjoyed the same rights that others could take for granted.

CLAUDIA BLUM ( Colombia) said that, according to a census done last year,
3.4 per cent of the Colombian population self-identified as members of indigenous communities.  A wide majority of them lived in legally protected traditional territories known as resguardos, where they had their own social organization and collective property titles that were not subject to seizure and non-transferable.  Resguardos, which occupied nearly 30 per cent of the country’s territory, participated in the budgetary transfers of the central Government and administered local justice.  There were indigenous representation quotas in both chambers of congress.  Since nearly 90 per cent of indigenous communities lived in the countryside, they underwent problems similar to those of the rural population.  They had been affected by violence from terrorist groups financed by drug trafficking, the lack of credits and, in some zones, the difficult conditions of road communication and services.  For that reason, the national Government had undertaken actions to reduce their vulnerability, including universal access to State-subsidized health care and the establishment of a Commission of Human Rights for the Indigenous Communities. 

She said that the Declaration on the Rights of Indigenous Peoples must bring together the consensus of United Nations Member States and regretted that the Human Rights Council had adopted the draft through a vote.  More work was needed on its content to obtain the appropriate language that could be adopted without reservations.  Several items within it required adjustments for them to have a realistic and adequate scope.  Many concepts and definitions required broader analysis.  The importance of carrying out the necessary efforts to reach consensus were even more clear, when keeping in mind that the Declaration was meant to become a new framework for international jurisprudence and for other organisms that followed international agreements. 

ROSEMARY BANKS (New Zealand), on behalf of Australia and the United States, said the Working Group charged with drafting the Declaration had been unable to reach a consensus and that there had been no opportunity for States to discuss the current text collectively.  The Human Rights Council and its President had also rejected calls for more time to improve the text, setting a poor precedent for the work and role of the Council.  The text was not clear, transparent and capable of implementation.  In its application, it would risk endless and conflicting interpretations and debate.

In some countries, the situation for indigenous peoples had been very worrying indeed, she said.  The world needed a declaration that could make a practical and positive difference in their lives; instead, the text was confusing, unworkable, contradictory and deeply flawed.  Australia, New Zealand and the United States could not support its adoption.  For example, its reference to self-determination could be misrepresented as conferring a unilateral right of self-determination and possible secession upon a specific subset of a nation’s populace, thus threatening the political unity, territorial integrity and stability of existing Member States. 

In addition it appeared to purport to confer a power of veto upon a
sub-national group over the laws of a democratic legislature, he said.  Its provisions on lands and resources would be unworkable and unacceptable.  The text also lacked a definition of “indigenous peoples”.  It might be true that the Declaration was an aspirational document, not legally binding in any way, but indigenous peoples deserved and needed a declaration that was clear, transparent and capable of implementation, and which represented a standard of achievement against which all States could be measured.  The current text failed all those tests; it could lead to disputes, bitterness and unfulfilled expectations on all sides.

TIINA INTELMANN ( Estonia), quoting an Estonian semiotician, noted that there were no small languages or small cultures in the world.  When a culture perished, when a language was no longer spoken, it was not merely a local tragedy of a single people, but a disaster of global proportions.  In that context, she noted that the adoption by the General Assembly of the Declaration on the Rights of Indigenous People was of crucial importance.  It would be unfortunate if the United Nations moved back from its own positive decision at the Human Rights Council. 

Estonia considered the issue of indigenous peoples to be among its own priorities, she said.  The Estonian language belonged to the Finno-Ugric language group.  Over the last decade, the number of Finno-Ugric indigenous populations had declined substantially, and the situation concerning the use of native languages was most alarming.  Estonia supported the Finno-Ugric indigenous peoples, especially in the field of education, science and culture.  The European Union membership of three Finno-Ugric States -- Finland, Hungary and Estonia -- had opened up a new dimension for aid schemes directed primarily at the Finno-Ugric peoples living on the territory of the Russian Federation, she noted.  Estonia also continued to support indigenous populations through the United Nations voluntary funds.

Ms. MOREIRA ( Ecuador) supported the work of the United Nations Permanent Forum on Indigenous Issues in promoting integration and coordination of all of the Organization’s efforts concerning the rights of indigenous peoples.  The 2005-2014 Programme of Action for the Second International Decade for Indigenous People took into account that most indigenous people in developing countries grappled with inequality, economic and social exclusion, as well as hunger, malnutrition, unemployment and little or no access to healthcare, education and housing.  Last month’s High-Level Dialogue on Migration and Development revealed that indigenous people were among the groups most vulnerable to labour exploitation, trafficking of migrants and violence against women and children.  Governments needed to show greater political will and concerted action to end such abuses.

Ecuador’s National Council on Indigenous Issues with civil society’s support was doing its part to implement the Plan of Action, she said.  Complex adverse factors thwarted the efforts of indigenous communities to enjoy their human rights.  Ecuador’s Constitution recognized the collective rights of indigenous people in accordance with Convention 169 of the International Labour Organization.  Ecuador’s guidelines incorporated the mandates of the 1993 Vienna Plan of Action and the 2001 Durban Plan of Action.  The Special Rapporteur had conducted a field visit to Ecuador in April and early May to evaluate Ecuador’s compliance with international human rights instruments.  The Rapporteur’s report and recommendations would be submitted to the Human Rights Council during its upcoming periodic session.

SAINIVALATI NAVOTI ( Fiji) said indigenous people’s obstacles were symptoms of complex social problems due to marginalization, social exclusion and discrimination.  Land played a crucial role in the search for justice.  A bill titled “Indigenous Claim Tribunal Act” was under consideration in Fiji’s Parliament to set up and set jurisdiction, powers and functions of a Tribunal to consider and recommend courses of action over historical indigenous land claims.  The Tribunal would have the power to recommend that the Government take remedial actions including compensation for loss of right to or occupation, use or enjoyment of ancestral lands or, if the land was under State control, the reversion of such land to indigenous lands. 

Fiji officials were also consulting with citizens over the “Qoliqoli Bill”, which would provide for transferring ownership from the State to indigenous people any area of seabed or soil under the waters, sand, reefs, mangrove swamps, rivers, streams or wetland of any other area, recognized and determined to be within customary fishing grounds, he continued.  The Special Rapporteur had indicated that a gap between international standards and principles governing the human rights of indigenous people and domestic laws existed in many countries.  Further, laws concerning natural resources management were inconsistent with indigenous and human rights laws.  The “Qoliqoli Bill” aimed at closing the “implementation gap” between existing human rights legislation and administrative, legal and political practice. 

LUIS ENRIQUE CHAVEZ ( Peru) said that despite advances in indigenous people’s rights over the past 12 years, much more remained to be done.  The rich cultures of indigenous people were disproportionate to their resources.  Poverty and inequality in developing countries, including in Peru, was a major concern for indigenous peoples.  He supported creation of the Human Rights Council.  The Outcome document of the 2005 World Summit had established a new type of relationship between States and indigenous groups, aimed at balancing development with the human rights of indigenous people and recognizing them as a vulnerable group with specific rights. 

Peru would continue to advocate adoption of the United Nations Declaration on the Rights of Indigenous Peoples, he said, calling on all delegates to also support the initiative.  The Special Rapporteur’s report on the human rights situation and fundamental freedoms of indigenous people revealed the suffering that indigenous communities had endured in various parts of the world and the need for Governments and the international community to find concrete solutions.  He supported the Special Rapporteur’s work and took note of his report on implementation of norms and jurisprudence concerning indigenous people’s rights.

MARY MORGAN-MOSS ( Panama ) said the situation for indigenous people in her country -– where they represented 10 per cent of the population -– had been alarming, with 98.5 per cent living in poverty demonstrating their exclusion from benefits enjoyed by the rest of the country.  The Government had been aiming to reduce poverty and improve the distribution of earnings by creating new jobs and cleaning up public financing.  A network of social protection existed that included human resources training and providing information on generating family income.

Steps now being undertaken for indigenous peoples in Panama included strengthening the national council for indigenous development, facilitating social policy design and human development for indigenous people, and developing a participatory methodology for policies affecting indigenous peoples, she said.  However, States alone could not solve the problems of indigenous peoples, who had to be prepared to work with Governments, non-governmental organizations and the United Nations system in order to attain their goals and make the content of the Declaration a reality.

ANDREY A. NIKIFOROV ( Russian Federation) noted that protection of the rights of indigenous people was a priority for the United Nations and for his delegation.  The Russian Federation welcomed the launch of the Second International Decade of the World’s Indigenous People and the adoption of a Programme of Action.  Adoption of the Declaration on the Rights of Indigenous People would be a significant action, he said.  His delegation noted that the draft as it stood was incomplete and included many controversial provisions, especially for States where many indigenous people lived.  There had been complaints about provisions within the Declaration on the rights to land, mineral wealth and natural resources. 

The starting point for addressing issues of indigenous people should be the actions of States themselves, he said.  The Russian Federation had a large number of indigenous people living on its territory and strove to strengthen international cooperation to protect their rights and interests.  The Government had devoted significant attention to strengthening the legal framework safeguarding the rights of minorities, protecting native homelands and regulating the use of the natural environment.  The Government also worked to improve the social and economic development of indigenous people, including through education programmes.  The Russian Federation was one of first countries to undertake a national launch of the Second Decade and had set up a national organizing committee to prepare plans to achieve its goals.  Unfortunately, the problems faced by indigenous peoples were far from being resolved and continuing efforts were needed at the national and international levels, he said.

ERICA-IRENE DAES ( Greece) appealed to all Member States to implement the Declaration on the Rights of Indigenous Peoples adopted by the Human Rights Council.  Having herself started the elaboration of its principles and provisions in 1984, she said that no other United Nations document had ever been developed with such full and free participation of all parties.

Despite the lack of consensus on all its articles, the Declaration, she said, constituted an important and effective mechanism for the protection and promotion of human rights of the world’s indigenous peoples and a historic step towards the elimination of more than five centuries of racism and discrimination.  In addition, it was important because it promoted the appreciation for diverse cultures and their valuable contribution to States.

Mr. DE ARISTEGUI ( Spain) said his country believed the adoption of the Declaration would be a historic milestone for the United Nations vis-à-vis human rights.  More than two decades of long and difficult negotiations had resulted in the highest possible level of consensus.  It had to be remembered that the Universal Declaration of Human Rights and the resolution that led to setting up the Human Rights Council had also lacked full consensus.  Having participated in the negotiations, Spain was fully aware of what the Declaration dealt with, and that the representatives of indigenous peoples had given almost unanimous support to it.

It now was up to States to complete the process of declaring the rights of indigenous peoples, he said.  Spain, an old country, had no indigenous peoples of its own, but it was constantly being revitalized by way of contact with indigenous peoples elsewhere, particularly those in Latin America.  It believed that the Declaration was a landmark that would bring continued progress to indigenous peoples.  It was up to States to embark on the last phase by showing political commitment to indigenous peoples.  It was Spain’s hope that the General Assembly would adopt the Declaration during the current session.

LUCA DALL’OGLIO, Permanent Observer of the International Organization for Migration (IOM) to the United Nations, said the topic of indigenous peoples and migration posed some unique challenges, starting with a lack of research.  Special attention had to be placed on indigenous peoples in the broader debate on migration and development.  For indigenous peoples with close links to their communities and land, migration often had a deep collective impact that warranted special attention.  Similarly, the cultural impact of migration had been particularly relevant for indigenous communities.

While there might be challenges, indigenous migration also had positive potential, he said.  The community organization of many indigenous peoples could help cultivate the impact of remittances and in the transfer of skills.  When migrating out of their communities, indigenous peoples could promote their social and cultural capital in their destination countries or communities, thus furthering knowledge and interest in indigenous peoples.  The IOM had been mainstreaming indigenous issues into its work and the integration of indigenous migrants in host countries had also been a subject of particular relevance.

S. RAMA RAO (World Intellectual Property Organization (WIPO) provided information on the group’s programmes and activities related to indigenous peoples, particularly to the activities related to protection against the misappropriation and misuse of traditional knowledge, genetic resources and traditional cultural expressions.  The issues facing indigenous peoples were multi-faceted, and intellectual property protection was but one form of protection that could meet some of their needs, he said.  In October 2000, WIPO had established an Inter-Governmental Committee on Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions with a mandate to discuss international aspects of intellectual property in those three areas.  The outcomes of the Committee’s work did not exclude the possible development of an international instrument or instruments. 

At a technical level, the Committee was considering all possible ways to substantively address the interests of indigenous and other stakeholders in traditional knowledge and traditional cultural expressions.  The Committee was considering draft texts for the protection of traditional knowledge and traditional cultural expressions.  An approach to protection could recognize, among other things, collective interests in traditional know-how and expressions of traditional cultures which were characteristic of a distinct cultural identity.  Such interests would be respected for as long as a traditional community continued to be associated with a particular knowledge or cultural expression.  The drafts therefore included compliance with the “free prior and informed consent” principle and recognition of customary laws and practices.  WIPO sought to facilitate the participation of indigenous representatives in its work as it strove to contribute towards meeting the objectives of the Second International Decade of the World’s Indigenous Peoples. 

XENIA VON LILIEN, representing the International Fund for Agricultural Development (IFAD), said the organization’s experience in working with poor rural communities had drawn it to focus particular attention on indigenous peoples, who made up 15 per cent of the world’s poor while comprising only 5 per cent of the world’s population.  To date, IFAD had provided $1.1 billion or about 13 per cent of its total loan portfolio in support of indigenous peoples.

The marginalized conditions of 370 million indigenous peoples had not yet figured prominently in the implementation of the Millennium Development Goals, the development of World Bank poverty reduction strategies, or national strategies, she said.  What little progress there had been had resulted primarily from indigenous peoples themselves.  They would become more effective agents of their own development if a new development paradigm was promoted which made space for them to decide and control their own affairs.

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