Permanent Forum on Indigenous Issues

Eleventh Session

13^th Meeting (PM)

Permanent Indigenous Forum Takes Up Range of Issues Related to Working Methods,

Including Report on Ways to Enhance Implementation of Recommendations

 

Other Reports Concern Trust Fund for Second Decade, State Duty to Protect

Indigenous Impacted by Transnational Corporations; Concludes Human Rights Debate

Meeting to consider a range of matters related to its working methods, the Permanent Forum on Indigenous Issues today heard its members present the results of several reports that aimed to assist the body in better fulfilling its mandate, including through enhancing implementation of its recommendations and improving data collection on challenges, best practices and emerging issues. .

Introducing a report on implementing the Permanent Forum’s recommendations (document E/C.19/2012/7), Permanent Forum member Eva Biaudet, of Finland, said that as of January 2012, the body’s database contained 894 such recommendations made, between its first and ninth sessions, to Member States, entities of the United Nations system, international financial institutions, intergovernmental organizations, the private sector, civil society and indigenous peoples’ organizations.

Some 54 per cent of those recommendations had been implemented, while 5 per cent had been declined, and the rest tagged as “ongoing”.  She said that the recommendations, listed in the database on the Permanent Forum’s website, covered 20 categories based on the Forum’s six mandated areas, as well as on cross-cutting issues, such as indigenous women, youth and children, and data and indicators, and on several areas of work relevant to the Forum’s activities.

“By far, human rights, environment and economic and social development make up the largest number of recommendations,” she said, noting that those categories made up a little more than half the total number of recommendations.  While the Permanent Forum was continuing to monitor implementation of its recommendations, the main source of relevant information was the “very few” reports submitted by States and United Nations organizations.  So, finding new methods to periodically gather relevant quantitative and qualitative information from Governments and the United Nations system represents a major challenge, she said.

Ms. Biaudet drew the attention of her fellow experts to a series of important suggestions set out in the report, including improving its online database by updating the classification on the status of implementation, which would allow for a more precise categorization of 56 per cent of the database.  That would enable more accurate monitoring of the recommendations, in respect of good practices and future challenges. 

Continuing, she also noted recommendations for improving the body’s monitoring stem.  Improving the database, as wall as the reporting and monitoring systems, would help Governments, United Nations agencies and indigenous groups see those mechanisms as tools to support their implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the Forum’s recommendations.

Paul Kanyinke Sena, Forum Expert from Kenya, updated the body on the status of the Trust Fund for activities related to the Second International Decade of the World’s Indigenous Peoples, saying that beneficiaries of that Fund were indigenous peoples and civil society organizations that worked with them.  It aimed to ensure empowerment of indigenous peoples and formulation of implementation processes.  In allocating its small grant programme, the Fund used criteria that included a requirement that proposals be around mandated areas and focus on indigenous communities.

The duration of the projects was normally one year.  Awardees were selected following a technical review of the applications, after which shortlisted candidates were considered by the bureau.  Denmark, with more than $250,000, had been the largest contributor to the Fund.  He said that recently, the total donor contribution had dropped even as the number of applications was on the rise.  Indeed, more than 1,000 applications had been received, but only six had been funded in the past year.  He hoped that that situation would reverse and he called for more contributions to that mechanism.

Also this afternoon, Paimaneh Hasteh, Permanent Forum expert from Iran, introduced an analysis of the duty of the State to protect indigenous peoples affected by transnational corporations and other business enterprises (document E/C.19/2012/3), which she had been appointed by the Forum to conduct during its ninth session.  She said that large-scale industrial projects involving natural resource exploration, detrimental to economic development, were executed in nearly every State in the world.  Those projects inevitably affected indigenous peoples by reducing their traditional management systems, sacred places, pastures and hunting and fishing grounds, thereby undermining their economic, cultural and spiritual life and threatening their very existence

The common practice of the private corporations was to exploit without taking into account the rights of the indigenous peoples, she continued.  Although a few cases of good practices by corporations could be found, concerns remained, largely on a systematic level.  International law had firmly established that States had a duty within their jurisdictions to prevent injury to indigenous peoples by corporations.  Earlier human rights treaties had not specifically addressed State duties in that regard, but imposed general obligations to prevent non-State abuse.

She said that indigenous peoples were conscious of their disadvantaged positions but were often ignored because their rights and interests were often not taken into account.  The analysis concluded that the effectiveness of international human rights instruments in that area was a long-term aim and that any grand strategy needed to strengthen the existing capacity of States to regulate the harmful action of corporations, rather than undermine that capacity.  She added that the focus needed to expand beyond individual corporate liability, as the damage to indigenous peoples could only be rectified through collective action of political or shared responsibility.

When the floor was opened for comments of the work of the Permanent Forum, the body was urged to consider the establishment of a global forum that would continuously monitor the implementation of the Forum’s recommendations as well as wider implementation of the Indigenous Rights Declaration.  Such an effort could be assisted, one speaker said, by improving the Forum’s use — and wider promotion of — information and communications technology. 

Moreover, he noted that the body’s website was currently only available in English, Spanish and French, and improving the dissemination of important information about the situation of indigenous communities required that the site be made available in the remaining three official United Nations languages, Arabic, Chinese and Russian.  Several speakers urged the body to ensure that its meetings were, as often as possible, broadcast live via webcast or made available through podcasting or recorded video.

The Permanent Forum also concluded the discussion it began yesterday on human rights.  James Anaya, the Special Rapporteur on the human rights of indigenous peoples, rejoined the meeting and reiterated his appreciation to all those civil society representatives that had made recommendations to the Forum and the Human Rights Council. 

Speaking on the future work of the Permanent Forum were representatives of the following groups and caucuses:  Pacific Indigenous Caucus and International Indian Treaty Council; Global Indigenous Youth Caucus; Asia Caucus; Tebtebba Foundation; Te Runanga o Te Rarawa; Youth Association of Finno-Ugric Peoples (MAFUN); National Native Title Council; Association of the Indigenous Peoples in the Ryukyus, Shimin Gaikou Centre; Yamasi People, Aupuni Hawaii, Koani Foundation; New Future Foundation; the Pacific Caucus; and the Global Indigenous Peoples Caucus.

Representatives of Japan and China also made brief interventions during that discussion.

When the Permanent Forum returned to its discussion on human rights, including a dialogue with the Special Rapporteur on the human rights of indigenous peoples, it heard statements from the following groups and caucuses:  Union Nationale du Peuple Kanak; Naga Peoples Movement for Human Rights; Hitorangi Indigenous Community, Rapa Nui; Ka Lahui Hawaii; Organismo Indigena para la Planificacion del Desarrollo Naleb; Negev Co-Existence Forum for Civil Equality; and Flying Eagle Woman. 

Also taking part in that dialogue were Government representatives of: South Africa, Chile, Ecuador, Nicaragua, El Salvador (speaking also on behalf of Costa Rica), Mexico, Bolivia, and Chile (speaking also on behalf of Peru).

The Permanent Forum on Indigenous Issues will meet again at 3:00 p.m. tomorrow to consider the draft agenda of its twelfth session.

Statements on Human Rights

Following the conclusion of its discussion of its future work, the Permanent Forum resumed its dialogue with the Special Rapporteur on the rights of indigenous peoples under its discussion on human rights issues, in order to hear speakers who were not able to address the Forum at its last meeting.

MASENJANA SIBANDZE (South Africa) said that since the advent of democracy in 1994, substantial progress had been recorded in addressing the devastating political, social and economic consequences wrought by colonial and apartheid policies through systemic and institutionalised racial discrimination and the denial of basic rights to the majority of South Africans through policies of exclusion.

There had been a recognition of the great harm caused to South Africa’s Khoi and San communities from past historical injustices due to the doctrine of discovery, which led to the dispossession of land, geographical displacement, loss of cultural identity and the attendant socio-economic hardships for those affected, he continued.  The South African Cabinet took a decision on 3 November 2004 providing a mandate to relevant national departments to work with the Khoi and San communities on a range of issues toward promoting and protecting their rights.  In support of that process, the South African Department of Traditional Affairs was processing a traditional/indigenous affairs bill, which provided for the recognition of the Khoi and San communities, their leaders and councils, as well as their representation in houses of traditional leaders and participation in municipal councils.  The Government had also instituted concrete steps to address the needs of Khoi and San communities on the basis of the norms of self-identification, in accordance with the principles of international best practices and international jurisprudence

EVARISTE WAYARIDRI of the Union Nationale du Peuple Kanak, Indigenous Peoples Council on Biocolonialism, New Caledonia, also speaking on behalf of the Kanaki Organization, noted that the New Caledonian Island on which the Kanaks lived had the largest lagoon in the world from which nickel extraction was taking place.  As a result, its beaches had become mud.  That violation had existed for a long time, despite the opposition of the Kanak people.  The damage resulting from the mining activities had led to the migration of the people.  The situation was further compounded by the pedagogy imposed on the people, which was forcing them to lose their language.  Further, they were also losing their civil rights.  He called on the Permanent Forum to pay attention to the non-implementation of several articles of the Indigenous Peoples Declaration with regard to the Kanaks, particularly in the area of education.  It should also call on the United Nations to fulfil its decolonization role in the pacific region.

NEINGULO KROME, of the Naga Peoples Movement for Human Rights of India, said that the Naga people continued to suffer from militarization.  Although India had signed a ceasefire agreement with the Naga authorities, it was not clear if it was sincere, or it was just buying time to strike again.  Naga leaders had sacrificed whatever they could in order to create peace and the Naga people had initiated a reconciliation process, termed a journey of common hope, which was initiated in 2008.  However, rather than see that process as being for the common good, India saw it otherwise.  The Naga people were struggling for self-determination.  The Permanent Forum on Indigenous Issues needed to act, rather than just listen, in order to safeguard and protect upcoming indigenous peoples generations.

SANTI HITORANGI, Hitorangi Indigenous Community, Rapa Nui, said the human rights of his people continued to be grossly violated by the action of the Government of Chile.  Indeed, while Chile was a signatory to the Declaration, it continued to violate several of its Articles, and he urged the Government to require immediate adjudication of all land disputes involving Rapa Nui lands.  They also urged Chile to immediately drop its legal proceedings regarding those lands.  “Who are the usurpers, the Rapa Nui people of the Chilean Government?” he asked, and added that the “working table” system developed by the Chilean Government was unfair and was paving the way for the devastation of the island by big business.

Responding, JORGE ROTAMAL (Chile) said that his delegation acknowledged the Rapa Nui statement, but his Government wished to stress that it was committed to ensuring that all indigenous peoples were given the opportunity to develop with full respect of their rights, traditions and cultures.  In that regard, Chile had continued its ongoing dialogue with the Rapa Nui community, as both sides worked to overcome differences.   Chile always acted in line with the Declaration and the relevant conventions of the International Labour Organization (ILO).

Chile was undertaking “working tables” that focused on areas that included, land, migration, special status and development of the island.  Chile had asked Mr. Hitorangi’s family to take part in the ongoing dialogue, but they had not done so.  “Dialogue is the only way to resolve this or any other dispute,” he said.

DETRIX DUHAYLONSOD, Ka Lahui Hawaii, said that it was high time for the international community to confront the impacts of climate change head on.  While that specific issue was not on the agenda of this session of the Permanent Forum, the body must seize every opportunity to raise awareness about the dangers of global warming.  “We are not talking about future crises; the damage is slowly but surely becoming clear,” he said, stressing that empirical evidence about the dangers of a warming planet could be seen throughout the Pacific region. 

With that in mind, he urged Governments to seriously commit to agreeing on a post-Kyoto Protocol climate agreement, as well as to ensuring that all the work of the United Nations Framework Convention on Climate Change was open to the full and effective participation of indigenous peoples.

ANDRES FIALLO (Ecuador) said his delegation had been forced to take the floor because it had been informed that tomorrow’s celebration of the fifth anniversary of the adoption of the Declaration would not be held in the General Assembly hall, but in another conference room.  If that turned out to be true, “this shows a lack of respect for this Forum”.  Moreover, the meeting that was set to take place in the Assembly Hall had previously been scheduled to take place somewhere else.  That statement was supported by the representatives of Nicaragua, El Salvador (speaking also on behalf of Costa Rica), Mexico, Bolivia, and Chile (speaking also on behalf of Peru).

Permanent Forum member DALEE SAMBO DOROUGH of the United States said the Forum would meet with the representatives of Governments and indigenous groups present to draft a joint message that could perhaps be quickly sent to the Office of the President of the General Assembly.

HARRY CACAO, Organismo Indigena para la Planificacion del Desarrollo Naleb, said young indigenous people from South America must be included in all meetings and forums so they could be a part of the solution.  “We are the present and the future of a world in chaos,” he said, calling for full implementation of the Declaration.

MANSOUR NSASRA, Negev Co-Existence Forum for Civil Equality, said that Israeli authorities were intensifying their efforts to displace indigenous peoples from their homes in the Southern desert area of Israel.  That region had been inhabited for centuries by Bedouin tribes, but since the creation of the State of Israel, those indigenous peoples had been under steady threat.  Israel was violating the Declaration on Indigenous Rights, he said, and called urgently on the international community to ensure that Israel did not implement any plans that would lead to the removal of all those peoples from the Negev, as such a move would most certainly inflame Arab-Israeli tensions.

ALFONSO MASSANGA, Flying Eagle Woman, said that he represented an ancient community of indigenous peoples in Angola that had been “condemned to death” because oil had been found on their territory.  Portugal had “sold” them to Angola because of that oil.  As a result, the people were suffering under colonization.  “The United Nations must come and help us, otherwise we will be decimated,” he said.

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For information media • not an official record