Monday July 28, 1997
Day 1, Morning Session

1. Mr. Ovan Lyons, Onondaga Nation, On behalf of North America: Notes that he is speaking as a representative for North America and that he has held the duty since 1977 when indigenous peoples first approached the United Nations and gathered together with a vision for indigenous peoples to take their place respectfully among the nations of the world. States that in 1977, there were approximately 160 delegations from the Western hemisphere and at that time, they declared that they would be known as the indigenous peoples of the Western hemisphere. Says that since then, indigenous nations around the world have joined them and their family has grown. Remembers the leaders of that time, most of whom are no longer here. Remembers that at that time, he was a younger man and looked at the leadership of his grandfather and his uncles. Notes that now they have gone home and have left them to do the work.

Things have changed in the last 20 years. Acknowledges that speaking here is progress of sorts. States that they came carry the message of their people, they came seeking justice when they heard of this great organization. States that they thought this was the best place to come to seek the welfare of their peoples and nations. Notes that at the time, reports of the conditions of their peoples were not good in the areas of health, habitat, and political problems. States that at the time, they said that if they could only state one message, it would be to speak on behalf of those who could not speak for themselves and the natural world. States that their message was about the life of this world as without its support and existence, we cannot exist. Notes that they still speak on behalf of the life forces, of the forests, of fish, animals, insects.

Twenty years later, the condition of this world is not good and it is even worse than it was. States that the human being has not progressed in terms of understanding what is needed for survival. States that many years ago, his people spoke to those who came to his country about justice for people and equality. States that they have to do what is best to serve the generations that are looking up from the earth, each waiting their time. Repeats that things have changed in the past 20 years and there has been progress of sorts, like the development of the Working Group with the honourable Erica Daes as its president. States that the Working Group considers the welfare of the indigenous peoples and continues to do so today. Says that representatives have travelled here year after year to produce a statement on behalf of the indigenous peoples because they were not included in the Declaration for Human Rights. States that the representatives worked for years and concluded with the Draft Declaration of Indigenous Peoples of the world.

States that much effort has been put into the Draft Declaration. Recalls that the representatives respectfully requested that it be adopted by the United Nations. Remembers the 1992 Earth Summit in Rio when people gathered and spoke specifically about the environment and the future. Thanks non-governmental organizations which have helped indigenous peoples from the beginning and have played a very important function in the communication between nation states and the people they govern. Notes that an assessment this year about progress of the Rio summit has been disappointing as there has not been enough commitment from the nations themselves. Notes that in the world today, there is rampant economic development which is unregulated. Notes that today the fish are inedible, rabbits have sores and cannot be eaten and there are fewer birds singing. Notes that things have deteriorated and there is a great deal of work to be done.

States that good and courageous leadership is needed, as those in the future will ask what has been done for them. Notes that the problems that indigenous peoples mentioned 20 years ago are still here. Hopes that the government delegations will consider the recognition of this Draft Declaration without changing it. Notes that indigenous peoples have worked very hard and ask only for the minimum of human rights and self-determination. Says that things have to get better. Thanks all the nations in the United Nations that take the time to come and listen and support the enormous family of the indigenous peoples. Wishes everyone luck and says that things are going to get worse before they get better. States that things will improve if nation states work together with them for the welfare of the people.

2. Mr. Aku Swai, Ainu People, Japan: Expresses pleasure in seeing the worlds indigenous peoples gathered here today in solidarity with their brothers and sisters across the world. States that there has been little change in the United Nations (UN) over the last 20 years, for the improvement of the situation of indigenous people, but this has been allowed by the indigenous peoples themselves who have not asked for the recognition of their special rights, in particular the right to exist as distinct peoples. Affirms that the UN must accept that indigenous peoples exist in every part of the world. States that the indigenous peoples of Asia will do all that is possible within the UN to ensure that the maximum efforts are made to improve the situation and guarantee the dignity of all. States that this has been repeated many times to the governments of Asia. Emphasises that the indigenous peoples of Asia are united and will remain so until their dignity is restored.

3. Mr. Leonor Zalobata, Latin America: Expresses thanks and welcomes all present to the Working Group. Reiterates much of what has occurred to the indigenous peoples of Central America during the last 20 years and the effects that the UN has made and can continue to make in the area of indigenous peoples' rights.

4. Mr. Antonio Jacanamijoy, Amazonia: Brings greetings from the people of the Amazon Basin who have always been present at the United Nations because they believe that the Amazon region contains the largest level of biodiversity and it is an important part of the history of indigenous peoples to reach equality between cultures and biodiversity. Notes that in the Amazon, conservation polices have historically led to exclusion or limited participation of indigenous peoples. Continues that the administration of policies has often ignored the ways of life of the indigenous peoples who seek to live in harmony with nature. Notes that indigenous peoples have made the greatest contribution to conservation. Emphasises that indigenous peoples have always protected nature.

Notes that the indigenous peoples of the Amazon reiterate full recognition of their historical rights, and the right to be recognized as indigenous. Demands the freedom of determination of their peoples. Expresses concern about the final fate of indigenous peoples, especially since new licenses are always been granted to conduct timber operations to the detriment of the indigenous peoples. States that indigenous peoples live in very rich areas and have increasing problems with oil explorations and timber exploitations, all examples of the rejection of biodiversity in the Amazon and the existence of the indigenous peoples who live there. Demands full rights for indigenous peoples, including being consulted about anything that happens in their land. Notes that indigenous peoples have made contributions regarding the use of resources. Demands the legitimate right to exchange information with all sources regarding sustainable biodiversity.

Supports the Draft Declaration for Indigenous Peoples and hopes it will finally be adopted. Urges governments to give strong support to the Draft Declaration. Notes that indigenous knowledge is part of a collective heritage and should not be subject to patenting at any time. Wants conservation policies to respect the ways of indigenous peoples and their lands. Wants the ILO agreement to be implemented in countries like Brazil and Equador which have not implemented them. Hopes that governments will ensure the fundamental rights of our peoples.

5. Mr. Yegor Bekrenev, Representative of indigenous peoples of Russia, Inuit and Saami. Welcomes all those gathered here today. Notes that he has come from Russia, where he is a member of the association of indigenous peoples and council of elders of the Shores. The Shores are ancient peoples of Siberia, famous for their work as black smiths. Expresses his gratitude in having the opportunity to participate in the 20th anniversary of the first international conference of indigenous peoples and the 15th Session of working group on indigenous peoples.

Notes the responsibility confided in him by the indigenous peoples of Russia for speaking here today. States that the peoples of the arctic region, the Saami and the Inuit, have an ancient and friendly partnership. Recalls they were the first to talk about the problems of indigenous peoples. Expresses his gratitude to these peoples, who acknowledge the indigenous peoples and their respective problems. Notes the work of the American Indians who came to Geneva 20 years ago to defend the rights of the indigenous peoples in the United Nations forum. Recalls it was an historic event, where indigenous peoples fought for their inalienable rights. Reminds that the struggle was hard and all those gathered here owe much to the patience and determination of those pioneers.

States that justice has triumphed and a gate was opened at the UN 15 years ago when the Working Group was created. The indigenous peoples of Russia were only aware of this movement in 1990, along with the right to land, self-determination and other inalienable rights. Notes that the indigenous peoples of Russia are taking this opportunity to learn, gain experience, achieve progress and set strategies. Hopes that these rights will be realised when the government adopts laws to protect the rights of these indigenous peoples. Expresses hope that the many measures adopted as part of the Decade will be implemented. Expresses his gratitude on behalf of the indigenous peoples of Russia, the Inuit and Saami to the pioneers who made it possible to defend the rights of indigenous peoples without whom no one would be here today.

6. Mr. Joseph Balai, On Behalf of Africa: Gives thanks to all attending the Working Group. Tribute is paid to the ancestors who have given indigenous peoples access to the UN system, through which the indigenous peoples can express support and fight for their freedom. States that indigenous groups in Africa have not had access or the right to educational services. Notes that violence has broken out between peoples who share the same dream but different languages. Underlines that the UN should see the need for peace keeping missions and the power they has to resolve conflicts. States that as the 25th anniversary of the rights of indigenous peoples is commemorated, much will be done before the end of 2004. Remarks that much has been done, and more shall be done together. Assures that the indigenous people will fight together.

7. Mr. Jeff Clarke, Australia: States he is honoured to be here after 20 years of struggle, although it is difficult to decide whether to cry or celebrate. Notes that they came with expectations and expressed their suffering. Comments that they have been through the ILO process. Says they are heartened by the symbolism and spirit which the indigenous peoples have carried on the well-worn path to justice. Sees the symbols of the spirits of indigenous peoples from the four corners of the world. Says that they continue to be denied and yet they continued to come back.

Reminds that indigenous peoples continue to be dispossessed in their own countries. Notes that there are some who sit among us as friends, but they are enemies. Notes the need to tell the world of the collective struggle that seeks to deny the fundamental rights of indigenous peoples. Encourages the non-governmental organizations present to continue to open the doors of governments. Notes that indigenous peoples will continue the march and will not be denied by the United Nations.

8. Mr. Chum Tum: Welcomes all indigenous peoples present. Wishes to offer a poster to John Pace of the High Commission, for the 20 years of the conference on indigenous peoples, on behalf of Artana, the College of design. Notes that the poster will be given to all those present at the end of the session at 1:00.

9. Representative of the United Nations: States that this concludes the first portion of this event. Thanks the speakers and hands the floor to the UN and there responses.

10. Mr. John Pace, On behalf of the High Commissioner for Human Rights: Thanks the previous speakers and welcomes the representatives of the indigenous nations and peoples and organizations. Notes that this was a special commemorative opening to celebrate the 20th anniversary of the conference on discrimination against the indigenous peoples of the Americas. Welcomes all other participants, non-governmental organizations, government delegations, United Nations representatives, specialised agencies and others. Notes that 20 years ago, the indigenous peoples and non-governmental organizations held a conference in Geneva in the framework of the first decade against racism.

States that this started a process in the United Nations which is still strong. Notes that the Working Group is a landmark in the United Nations and a vital forum for indigenous peoples. Notes that for those in the Secretariat who remember when indigenous issues were not part of the regular programme of the United Nations, the pace of change has been remarkable. Notes that it was fitting to take a moment to pay tribute to those who decided that indigenous concerns should be an integral part of United Nations activities. Notes that today, indigenous issues are finding their rightful place on agendas in all human rights meetings and in the United Nations as a whole. Thanks indigenous delegations which came to the United Nations in Geneva, and hopes they will use the forums open to them and continue to push the doors that bar their way. Promises that the office of the High Commissioner for Human Rights will make every attempt to assist indigenous peoples.

11. Ms. Erica-Irene Daes, Member of the Working Group: Welcomes all the indigenous peoples gathered here today, the numerous NGOs, and respective States. Congratulates all the indigenous peoples around the globe with the 20th anniversary of the first conference of indigenous peoples, held in 1977. Takes this very special occasion to pay tribute to the memory of all those who lost their lives for the freedom, culture, identity, rights and traditions of indigenous peoples. Pays tribute to the NGOs who participated at the conference and are here today. Affirms the symbolic and practical importance of that first conference where indigenous peoples collectively expressed their determination to defend their basic rights and fundamental freedoms.

Recalls that at that time there was no Working Group, no Decade on indigenous peoples and no special program. Remembers those who were the first to cross the threshold of the Palais des Nations as true pioneers, succeeding, through their courage and determination, to put indigenous peoples on the UN map. Recalls that they achieved a number of things including the following points;

Contributed to their survival,
Created a new epoch,
Allowed the voices of indigenous peoples to be heard, marking the beginning of a constructive dialogue between indigenous peoples, the Working Group and governments.
Indigenous peoples are now listened to and recognized. Notes that the Draft Declaration by indigenous peoples demanded a lot of work and effort. Hopes that it will be completed by the Commission on Human Rights. Stresses that the walls of silence, oppression and patronisation have finally been broken down. States that the indigenous peoples will continue the peaceful struggle until reconciliation with governments is achieved and until their fundamental rights are respected. Encourages all those present to work together for freedom, peace, respectful dignity and the foundation of a better world for all.
12. Mr. John Pace: Presents 6 beads representing the 6 nations Clarifies that white stands for peace, purity, and a good mind. Recalls that in the past, a hereditary chief wanted to address the international community representing peace for indigenous peoples. Notes that Canada blocked him from going before the assembly. States that for the next 3 or 4 years he lobbied and found support from Estonia, Japan, Switzerland and other countries.

13. Ms. Carol Jacob's: Hopes that the significance is not lost on anyone. Accepts beads on behalf of the High Commissioner of Human Rights. States that when the new HCHR is in office she will realise how much she needs these beads.

14. Mr. Kenneth Deer, Kahnawake Mohawk Nation: Notes that it has been a wonderful morning and opening and thanks everyone for this special moment. Announces that a poster will be given to all those attending the meeting as they leave. Asks the indigenous peoples to go to the garden later for a group photograph. Notes that the elders request that the sacred buffalo head be removed from the floor and carried outside in a procession with drums.

15. Mr. Vladimir Petrovsky, Director General of the United Nations in Geneva: Declares open the 15th Session of the Working Group. Welcomes all participants and indigenous persons who have travelled a long way to attend the Conference. Expresses gratitude to see so many. Notes that the Working Group convened in accordance to resolution 1982/34 of ECOSOC, to elaborate its mandate, consider the elaboration of standards for indigenous peoples and to review the agenda. States that the agenda covers the following issues as well as other issues considered important by the indigenous populations:

Consideration of ongoing study of treaties and agreements,
Proposed permanent forum for indigenous peoples,
International decade of the worlds indigenous peoples. Comments that the agenda is vast and there are a number of participants.
Reminds that the following five days will need to be used efficiently. States that 12 months have now gone by since the last Working Group. Takes opportunity to inform of developments within the UN Human Rights Programs of interest to indigenous peoples. States that the 2nd Inter-Sessional commission of HR on the Draft Declaration, convened in October 1996. Comments that the Session was well attended, over 100 indigenous organizations are now registered according to resolution 1995/92 of the Commission. Notes that it examined the articles of the Draft Declaration, and that there was an exchange of views which allowed greater understanding. Notes that no articles were adopted. Recalls the 3rd Session, held 27 Oct-3 Nov 1997 at the Palais des Nations. Hopes that the governments and indigenous organizations will meet during these five days to discuss what progress may be made during that Session. Notes that in March-April, the Commission for Human Rights discussed indigenous issues. Mentions two decisions were made:
Authorised the convening of a Working Group to discuss the establishment of a permanent forum,
Ms. Erica Daes was nominated as Special Rapporteur on Land rights. Notes she prepared a working paper which is available at this conference.
Comments that according to the High Commissioner, a second workshop was held in Chile in which more than 100 people took part. Expresses his gratitude to the government of Chile for organizing the workshop. States that the results were positive, a certain consensus is emerging, there is greater space for indigenous peoples to take part fully in the UN. States that a draft report of the workshop is available. Adds that the High Commissioner for Human Rights recommended to the Secretary General a change in the indigenous fund in accordance with the General Assembly Resolution. Notes that the following new names were presented to offer advice and it was agreed to maintain a rotor of membership: Petterson, Intimama, Taolo, Cru, Takari, Dodson.
Notes the initiative undertaken under the program of the Decade on the Worlds Indigenous Peoples to launch an international indigenous fellowship fund. States that in 1997, four indigenous persons are invited to spend six months at the Office of the High Commissioner to obtain practical experience. Notes the program will be maintained through the Decade and possibly numbers will be extended. Wishes a very good and fruitful session to those present. Invites the Working Group to elect the chair person.

16. Mr. Miguel Alfonso Martinez, Member of the Working Group: Thanks chair for opening the meetings and the ideas which will prove very useful with regard to the upcoming work and recommendations. Nominates Erica Daes as chairman of the Working Group. States that her experience is quite extensive. Recalls that as long as he has been a member of the Working Group she has been involved. Emphasises that she is the best candidate for the position.

17. Mr. El-Hadji Guisse, Member of the Working Group: Thanks his colleague for his proposal and joins his voice with his. Notes that having Ms. Daes as Chairperson/Rapporteur is a desire since all the documents that they have been working on for a long time bear her stamp. States that if they have made progress, it is due to Ms. Daes and her work. Supports the nomination and wishes Ms. Daes the best of luck which will lead to the good of all indigenous peoples.

18. Secretariat: Declares Ms. Erica-Irene Daes elected as chairperson by the two speakers.

19. Ms. Erica-Irene Daes, Chairperson: Welcomes distinguished guests and colleagues of the Working Group. Thanks colleagues and friends for electing her Chairperson/Rapporteur of the Working Group, and in particular Mr. Martinez and Mr. Hatano. Expresses how seriously she takes this position and considers it an honour. States she has been presiding over the Working Group since 1984. Welcomes all participants to the 15th session of the Working Group on Indigenous Populations, especially those who travelled at great expense and sacrifice. Continues to greet the 22 indigenous representatives who are being assisted by the UN Voluntary Fund for Indigenous Populations as well as the four Indigenous Fellows, funded by the Voluntary Fund for the International Decade, who will be receiving training from the Office of the High Commissioner for Human Rights during the next six months. Expresses the importance of the complex work over the next 5 days.

Pays tribute to the NGOs and Indigenous Peoples that initiated the International NGO Conference on Indigenous Peoples in the Americas which took place in September 1977. Acknowledges that the celebration this morning was in honour of that historic Conference. Recalls that it had been the first occasion that indigenous peoples collectively approached the UN and expressed their determination to report to the UN their suffering, their problems, including discriminatory treatment, and the disrespect of their problems, including discriminatory treatment, and the disrespect of their basic rights and fundamental freedoms. Remembers that there had been a positive reaction to these human appeals by indigenous peoples and a decision made to include the examination of indigenous issues in the human rights programs and work of the world organization.

Reflects on the basic achievements of the last 20 years. States there has been a significant amount of progress in the last twenty years. Recalls in 1977 indigenous peoples were quite isolated, without a Working Group, International Year or Decade for the world's Indigenous People, special programs in the UN, or conferences, meetings and seminars on these issues organized by the UN system. Reminds that the only standard that existed was the ILO's Convention 107 of 1957, which provided some protection regarding land rights but whose underlying principle was based on the assimilation of indigenous people into the wider society of the countries in which they live. Pays tribute to the indigenous people who crossed the threshold of the Palais des Nations in September 1977. States simply that what has been achieved in the last two decades is that the voices of indigenous peoples are now heard, directly and indirectly, with respect and greater understanding at every level of the UN system.

Emphasises that progress has seen the establishment of the Working Group on Indigenous Populations which is preoccupied with the studies of treaties, cultural heritage and a working paper on land rights. Adds that other such developments are expert seminars on racism, self-government, sustainable development, environment and land claims, the proclamation of the International Year and Decade of the World's Indigenous People, adoption of the UN declaration on the rights of indigenous peoples, the growing involvement of indigenous people in the work of the world body, at high-level conferences, the establishment of the two Voluntary Funds, inclusion of provisions related to indigenous rights in new international standards, and the recognition by the world of the knowledge and role the indigenous people can play in environmental problems. States that 3 basic objectives for the year 2004 are:

Adoption of a strong and just declaration on indigenous rights,
Establishment of a permanent forum for indigenous peoples in the UN and
Implementation of all the goals provided by the Declaration and the Program for Action of the Vienna Conference on Human Rights and the relevant resolution of the General Assembly for the International Decade of the World's Indigenous Peoples.
Proposes that the activities of the afternoon be suspended for private consultations. Notes the conference room will be available with interpretation. Notes the Working Paper on the question of definition of indigenous people is available as document E/CN.4/Sub.2/AC.4/1997/...Adds that since the working paper from the 14th session of the Working group on this same concept, she has not changed her basic view. Remarks that a definition for indigenous peoples at an international level is not possible at this time, which makes people free to determine their own indigenous identity. Comments that so far no relevant reply has been made to the first working paper. Pays tribute to Ambassador Jose Urrutia of Peru. States that in the review of developments under agenda item 5, consideration of national and international developments will be made. Notes that the Working Group decided to focus on issues of "Environment, land and sustainable development" at the session this year.
Recalls that this year at the Commission on Human Rights she was appointed as Special Rapporteur and requested to prepare a working paper on indigenous people and their relationship to land. Clarifies it will be introduced Wednesday morning. Adds that constructive criticism will be appreciated. Notes that in 1996 the health of indigenous peoples was a topic on the Working Group's agenda. States that the results were extremely encouraging, particularly in relation to the work of the WHO. Thanks the WHO for their participation. Adds that more will be said about treaties by Professor Miguel Martinez when the issue is taken up on the agenda. Adds that a review of activities planned for the International Decade of the World's Indigenous Peoples will be carried out during its first three years. Emphasises that full participation of indigenous people in the development, implementation, and evaluation of projects which affect them is very important. Notes that a report on the projects supported by the Voluntary Fund is available as a conference room document. Adds that recommendations were made at the Vienna Conference on Human Rights that a permanent forum for indigenous peoples be established in the UN. Thanks the Government of Chile for hosting a workshop. States that before the Working Group, there was a provisional agenda. Asks if any colleague or participant wishes to comment on it. Gives the floor to Mr. Martinez.

20. Mr. Miguel Alfonso Martinez, Member of the Working Group: Mentions Agenda item 6. Considers final report of the Special Rapporteur on treaty agreements for indigenous populations to be presented to the Sub-commission and the Working Group. Notes that the Special Rapporteur was unable to present the final report and meet the required deadline. Adds that the Secretariat was unable to get an extension for this report. Notes that during the last Working Group, they were unable to analyse the third report on the progress of the work to be presented to the Sub-Commission and the Working Group. Hopes to keep the text as such but adding after ÔitemÕ consideration of the third report leaving the rest of the title as it stands. Asks any final remarks to be made on the third report.

22. Representative of Chile: Offers a suggestion as an observer. Recognises any changes in the agenda are in the hands of the Working Group. Suggests that the Working Group moves up in the agenda what was now item 8, 'consideration of a permanent forum for indigenous peoples', because it was one of the most important issues and all will benefit if it is considered earlier.

23. Ms. Erica-Irene Daes, Chairperson: Thanks her colleague for her proposal. States that she will raise the point in the afternoon meeting today. Asks whether there are any other comments on the agenda.

24. -: States that in regard to item 5, 'Land, Environment and Development', sustainable development does not have the same meaning in French as it does in English.

25. Ms. Erica-Irene Daes, Chairperson: States that there is a technical mistake on the agenda concerning item 5 A and its headline should now read 'Environment, Land and Sustainable Development'. Notes that with this correction, the Working Group has adopted its agenda and wishes everyone a pleasant lunch. Adjourns the session until 10 a.m. Tuesday. Offers the members of the indigenous peoples to use the conference room in the afternoon for their informal deliberations.

26. Secretariat: Notes there will be a program regarding health made by the government of Canada in room 24 at 3:00 pm. Adds that those supported by the Voluntary Fund will be briefed at 3pm in room 25, where relevant checks will be delivered. Notes that at 2:30 pm, in room 25, there will be a short briefing about the fellowship program.

27 Erica Daes, Chairperson: Thanks the Secretariat and adjourns the meeting.

Tuesday July 29, 1997
Day 2, Morning Session

Ms. Erica-Irene Daes, Chairperson: Wishes everyone a good morning and declares the meeting open. Reports on the results of the private meeting of the members of the Working Group yesterday afternoon and notes it was decided not to change the order of the items of the agenda. Notes, however, that in organizing the work of the session, attention will be paid to assure that a full discussion is held under each item, including in particular, the item on a permanent forum for indigenous peoples. States that in view of the large number of participants, the Working Group decided that the list of speakers will be open on all items of the agenda and it will be closed at 6:30 p.m. this afternoon. Says that speakers should provide their names, the title of their organization and the country from which they come. Says that this will allow the Secretariat to divide the time more favourably and effectively. Notes that she will give the floor to the Secretariat for some information on documentation for the session.

Mr. Julian Burger, Secretary, Working Group on Indigenous Populations: Thanks the Chairperson. States that he has information regarding documents on the Working Group. Mentions that the agenda is available at the door . States that the annotated version of document E7N4/2/AC4/1997/2 is available in the 6 official languages. Adds that the supplementary working paper of the Special Rapporteur is also available at door 40. States that document 3 is not available. Clarifies that it was to be a document by the Secretariat on land and environment but was found to be unnecessary. Adds that the document on health and indigenous peoples is also not available at this time. Continues that document ECN4/AC 4/1997 /5 is information on the Voluntary Fund and is available in all the official languages. States that the draft on the Permanent Forum has been submitted. Mentions that the working paper by the Special Rapporteur on land rights is unavailable at this time.

Ms. Erica-Irene Daes, Chairperson: Thanks the Secretariat for the information concerning the documents. Appeals to all participants to be as brief as possible although there is no limitation of time for the speeches. Reminds everyone that they must respect the right of others to speak. Notes that those that have attended meetings in the past years know that she likes to preserve the order in the room. Reminds that no one should talk privately in the conference room but do so outside if need be. Hopes that the time will be used efficiently. Introduces agenda item no. 4 relating to the standard concerning the rights of indigenous peoples. Refers to the working paper she wrote on the concept of indigenous peoples. Notes that she has not changed her view since last year. Refers to the comprehensive paper she prepared at the 14th session, reference ECN4/ Sub2/AC/4/1996. Reaffirms that no single definition can capture the vast diversity of indigenous peoples. States that it is therefore not desirable to arrive at universal definition at the present time. Recalls the meeting of the Working Group during which the members refused to define the concept. Recalls that this was agreed to by the government representatives. Notes, however, that certain representatives still have comments to make on the issue, therefore, the matter will be discussed further. Notes that she was requested to write a supplementary paper for this Working Group. States that all governments will have the occasion to express their opinion. Mentions that she had asked for information from the governments and NGOs on this and has received nothing as yet. Gives floor to first speaker.

Mr. Rick Robinson, representative of the Association of People of the Norfolk Islands: Notes that the Norfolk Islanders have a distinct language, history, culture and tradition and were the first people to live in North Island as a permanent homeland. States that they have endured there, and for the best part of 150 years, have gathered plants and fibers and food for their traditional purposes. States that they also have a special relationship with their land, and says that no one anywhere can deny these facts. Says that they were living there long before the Commonwealth of Australia came into existence. Believes firmly in what Australia says that it does not consider a definition of indigenous necessary, and it supports self-identification. States that indigenous peoples cannot and must not be defined. Notes that while many states support this, they have refused to recognise some of their citizens who have declared themselves indigenous. Says that indigenous peoples of the world will endure and go on.

Ms. Helen Corbett, representative of the National Committee to Defend Black Rights: Notes that this is a statement on behalf of the many aboriginal indigenous persons of Australia represented by the Indigenous Woman Aboriginal Corporation, New South Wales Aboriginal Land Council, the National Committee to Defend Black Rights Aboriginal Corporation, FAIRA, National Aboriginal and Islander Legal Service Secretariat, and the Foundation for Aboriginal and Islander Research Action. Recalls the information compiled in the chairperson's working papers on the concept of indigenous peoples. Agrees with the conclusion of these documents that it is impossible to have a single definition of the concept of indigenous peoples. Remains firm and resolute on this question and on the fact that it is not for governments to decide who constitutes a nation and people, this is part of the fundamental right to self-determination, the basic right of deciding who you are. The Draft Declaration reflects this right. Notes that there is no official definition in the law and practice of Australia and that this should remain so. Mentions the rising conservatism and wave of racism in Australia regarding aboriginal peoples. Calls on the Australian government to maintain its current position in order to maintain equality, liberty and respect for fundamental human rights.

Mr. Krishna Kumar Rai, Kirat Koyu Rais' Uplifting Association, Nepal: Thanks and welcomes all to the meeting. Speaks about the history of Nepal. Informs that there are many different indigenous people groups in Nepal.

Ms. Erica-Irene Daes, Chairperson: Interrupts Mr. Kumar and asks him to speak only on item 4 and not the history of Nepal.

Mr. Krishna Kumar Rai, Kirat Koyu Rais' Uplifting Association, Nepal: States that KKRUA supports the Martinez Cobo definition of indigenous peoples and also the ILO Convention No. 169. Expresses the commitment of KKRUA to endorse the UN Draft Declaration on the Rights of Indigenous Peoples. States that the new constitution of Nepal guarantees education to the nationalities in their mother languages up to the primary level. Informs that no effort has been made to implement this provision. Invites a Special Rapporteur to visit Nepal in order to consider the relevant issues of the nationalities concerned in his report.

Mr. Tomas Alarcon, Comision Juridica para el Autodesarrollo de los Pueblos Originarios Andinos CAPAJ, Peru: States that their organization has confirmed its initial stance and position and requests that experts consider it is not wise to establish a strict concept as to what indigenous peoples are. Notes that in Peru, indigenous peoples were considered rural people and were done away with. Stresses that this is very dangerous since more than 80 percent of his country were indigenous peoples. States that if a restricted concept of indigenous peoples is established at the international level, many countries will overlook the existence of indigenous peoples and will consider them social classes without identity or culture. Notes that, therefore, they considered the strict definition of a concept of indigenous peoples unnecessary and a delay to the work and effort of the Working Group to make headway for the indigenous peoples of the world.

Mr. Jean-Daniel Vigny, Representative of the Swiss Delegation: Notes the need to work on the improvement of standards of indigenous peoples and respect for their fundamental rights. States that in order to do so, it is important to mobilise all political actors, including indigenous peoples, States and NGOs. Calls on increased cooperation between these actors so as to adopt the Draft Declaration. Underlines the importance of making the necessary clarification's so as to encourage respect. Stresses that with a thorough discussion, lasting solutions can be achieved. Acknowledges that this can also be done outside the UN system. Condemns the various diversions that are occurring in the conference room, in particular the acts of protestation made by certain persons by leaving the room. Believes that it is a waste of time which is not conducive to a respectful dialogue. Notes that the territorial integrity of nation states and self-determination mentioned in the various discussions are not contradictory. Human rights are respected with regard to indigenous peoples in many parts of the world, they should not call for excessive self-determination. Thanks Ms. Daes for her input on the concept of indigenous peoples, it offers a good basis for discussion. States it is necessary to follow a pragmatic approach. States that self-identification is better than a sterile discussion on a definition. Notes that the Swiss have developed important cooperation to improve the state of indigenous peoples, protect them against poverty, protect their identity and culture. Acknowledges that they must remain in contact for constructive dialogue to continue. Notes that many initiatives have been put together to prepare for future cooperation, establishing standards. Mentions that a Swiss NGO, in collaboration with the Center for Human Rights, has brought indigenous populations to Geneva to enable them to acquire greater knowledge of their rights. Remarks that the Swiss have been very pleased by the progress made during this exchange and calls other states to follow similar types of initiatives.

Ms. Jannie Lasimbang, Asia Indigenous Peoples Pact: Thanks the Working Group on behalf of the indigenous peoples of Asia and notes that they support the position of the 14th session of the Working Group on defining indigenous peoples. States that they do not accept any attempt to define indigenous peoples. Says that several Asian countries consider that a definition of indigenous peoples is essential. Invites governments of Asia to attend open discussions under the auspices of the United Nations to come to an understanding. Hopes that this will lead to the universality of rights of indigenous peoples.

Ms. Erica-Irene Daes, Chairperson: Calls upon Ms. Carol Kalafatic from the International Indian Treaty Council. Notes her absence. States that if a person is not in the room their name will be deleted from the speakers list. Invites Mr. Ted Moses of the Grand Council of the Crees to speak.

Mr. Ted Moses, Ambassador, Grand Council of the Crees: States that it is a historical fact that they are indigenous peoples and have their own identities. Notes that the refusal to use the word "peoples" in regards to indigenous peoples is a political strategy. States that by being denied the right to use the term "peoples", discrimination is practised and status is denied. States that racism is the foundation of apartheid and that the UN should not practice racism.

Mr. Marcial Arias, Alianza Mundial: Gives some thoughts on the definition of indigenous peoples. Notes that for many years, the indigenous peoples have been pointing out clearly their self-definition. Says that they are very much concerned that the emphasis in this Working Group is still on this definition. Hopes that the Working Group will take due count of opinions already voiced by indigenous peoples that a definition does not restrict application or approval of the Declaration of Indigenous Peoples. Says that it is necessary for government representatives belonging to the Human Rights Commission to take note of the fact that the definition in no way affects the process on the Declaration of Indigenous Peoples. Hopes that in the next session of the Working Group, no account will be taken of this definition since enough opinion has been expressed by governments and by the indigenous peoples.

Dr. Dalee Samba Dorough, Indian Law Resource Center: States he will concentrate on two specific matters. 1. Development of an American Declaration on the Rights of Indigenous Peoples. 2. Concept of indigenous peoples. States that the proposed declaration has been recently completed by the permanent council of the Organization of American States. Notes that it follows from a June 1997 OAS resolution requesting the permanent council to study such a declaration. Mentions that the resolution requests the permanent council to ensure that the declaration reflects the work of the indigenous peoples and that of the UN in this area. Notes that the States are currently having to make comments on the declaration after which it will be considered before a Juridical Committee. Adds that following this, a meeting of government experts will be convened at the 28th regular session of the OAS in June 1988. Indicates that the last clause of the resolution on the definition of the government experts and the purpose of this meeting remains unclear. Expresses regret at the shortfalls in the text, however is encouraged with the current developments. Notes concern over government initiatives to try to weaken the present text of the Declaration. Says he would like to engage in dialogue with indigenous peoples to decide on the best possible means of preventing such attempts. Mentions that copies of the Declaration will be made available. States that concerning agenda item 4a, no definition is necessary in any of the human rights documents and other relevant texts. Supports Ms. Daes' ideas on the concept of indigenous peoples. Adds that, furthermore, no qualification of the term "peoples" is recognised in self-determination. Emphasises that all peoples have the right to self-determination and to refer themselves as peoples. Mentions fear of Balkanisation and threats to territorial integrity. Remarks that international reality is that peoples have more autonomy and do not threaten the stability of states. Underlines the importance of interconnectedness. Recalls UN interpretation of self-determination which implies that peoples cause problems. Suggests that this arises from the idea that the world is divided in mutually exclusive spheres. Adds that it does not cover overlapping populations and increasing interdependedness, it remains a very Western perspective in which there are only two units: the individual and the State. Notes that this conception obscures the human rights character of self-determination. Adds that any conception of self-determination that does not take this into account is limiting. States that self-determination concerns the constitution of all levels and forms of government. Underlines there should be no exception to the word "indigenous peoples". Calls States to remain open minded and engage dialogue with indigenous peoples on the concept of indigenous peoples.

Mr. Alexis Tiouka, FOAF: Thanks the chairperson. States that the legal existence of indigenous peoples is a recent concept in France. Adds that indigenous people are covered by international law if the state belongs to Europe. Notes that the advantage is that it is possible to act on several levels. Adds that it is possible to have a pluralistic atmosphere. Notes distinctive criteria can be language. Remarks that the UN system is being examined. Reminds that international law has guaranteed the rights of indigenous peoples but France is not bound to them. Remarks that France has avoided them so far. Emphasises that the respect of minorities is linked to human rights . Comments that if France does not change its stance, it will soon become isolated from the international community. Underlines that there can be greater contact between other indigenous peoples if a permanent forum is established.

Mr. Evaristo Nugkuag Ikanan, Consejo Aguaruna y Huambisa: Conveys the greetings of the Aguaruna and Huambisa peoples of the Amazon. Says that they want to make headway on the United Nations Declaration of Indigenous Peoples and any postponement feeds racism and this is shameful. Notes that the present draft of the Declaration has already met with the consensus of governments and indigenous peoples, and yet it is being considered all over again which can extend the debate for years while the ethnocide rises. States that in the case of Peru, their ancestral lands are being taken and there were decrees. Notes the Washington University project which aims at changing the indigenous bio/perspecting and can have a favourable position because it fosters the private rights of natural resources in communal lands. States that it is not sensible for the United Nations to waste more time and resources repeating for another 20 years what has already been drafted. States that indigenous peoples need a defined and firm stance to know where they stand. Notes that it is urgent and inevitable for the Working Group to reiterate its transparency. Suggests a resolution is passed which sets a cautious but definite date for approval of the Declaration of Indigenous Peoples. States that to claim that the concept of indigenous peoples is still not precise was a pretext to camouflage racism and reduce indigenous peoples to ethnic groups without collective rights. Says that this argument is unacceptable from people who have already endorsed the ILO Convention 169. Notes the need to adopt a resolution to request countries which have ratified 169 to support and not question inclusion in the Declaration the concept of indigenous peoples. Calls also for international cooperation for massive distribution of the draft Declaration to promote it with thought and action in indigenous communities.

Mr. Julio Tumari, Parlamento Aymara: Expresses gratitude to the leaders and indigenous peoples who, through their work during the past 20 years, have made it possible to hold this meeting at the UN. Refers to the relevant documents and the Draft Declaration concerning the definition of the concept of indigenous people. States that the parliament and Aymara people have organised themselves according to the ILO Convention 169. Believes that it is not necessary to adopt a concept which would render homogenous the definition of indigenous peoples. States that the Aymara people have a distinct culture and heritage. Recalls that they have been a community for thousands of years, they have communal land, distributed according to the needs of the family, and work according to their needs. Reminds that the history of each indigenous peoples differs from each other. States that it is therefore impossible to globalise the concept. Notes that such an attempt would violate the international Declaration of Human Rights. Refers to the work of Martinez Cobo. States that this is the conclusion arrived at during the last session of the Aymara Parliament. Thanks and urges governments to take due account of all aspects of indigenous populations in order to prevent all violations of territory and identity.

Mr. Vang Pobzeb, LAO Human Rights Council: Notes that the Hmong people and other indigenous peoples are poor and disadvantaged but have maintained their traditions and societies for many years. States that they want self-determination, and the right to freely pursue their social and cultural development. Notes that the Hmong people and all indigenous peoples need true self-determination and the right to development as well as political, social, economical and cultural rights and the right to peace. Urges the United Nations to adopt the Draft Declaration on the Rights of Indigoes Peoples.

Mr. Eero Aarnio, Finnish Ministry of Justice: States that on behalf of the Finnish government, he congratulates the Chairperson on her reelection. Adds that this allows for continuity in the treatment of problems concerning indigenous peoples. Expresses gratitude to have participated in the celebration of the 20th anniversary of the conference on indigenous peoples. States that this continuity proves the necessity of establishing a permanent forum for indigenous peoples in the future. Recalls Ms. Daes' supplementary note on the concept of indigenous peoples. Affirms in accordance with her conclusions that there should be no single legal definition at present. Notes that many representatives have rejected any attempt to define the concept. Recalls the pertinent working definition of Mr. Jose Martinez Cobo which includes self-identification and acceptance by the group. Notes that there is no official definition in international law of minorities or peoples. Reminds that on the national level it might be necessary to find a definition. Mentions that the Saami peoples have had parliamentary elections since 1973. Notes that it is important that only the persons really belonging to the Saami people, who speak the language and have close ties with them, should be allowed to participate in the elections. Recalls that in 1975, the national definition of the Saami people was extended, causing a larger group of persons to vote and stand as candidates. Notes that last spring measures were taken to restrict the definition so that it is closer to that used in the other Nordic countries. Indicates that a bill to change the definition will be presented before the end of the year.

Ms. Sharon Venne, Dene Nation: Thanks the Chairperson and commends her on the working paper on the definition of indigenous peoples. Adds that it is a good summary of the Working Group's work. Notes that the discussion on the definition is still the same as the discussion that was going on in Spain in the 1500s. Suggests that the Working Group should proceed without a definition as has been the case for the past 15 years. Notes that the acceptance of rights and moving up within the UN will lead to a declaration on the rights of indigenous peoples. Reminds that governments have said that no declaration would ever come but were mistaken. Remarks that having a definition is a way of limiting the rights of indigenous peoples. Emphasises that there is no need to restate the arguments. Adds that there are a number of UN instruments that have no definition and continue work. Comments that a definition would contradict the intentions of indigenous peoples which is to continue to decolonise themselves. Recalls that in the 80s, Duchene looked at the rights of indigenous peoples and decided that it was not necessary to define the term "indigenous peoples".

Mr. Lazaro Pary, Movimiento Indio Tupaj Amaru: Congratulates Ms. Daes on her election and thanks her for the excellent work done in the previous years and places faith in the work to be done in the next few years. Notes that in international legal law, there is no legal concept of indigenous peoples because all international standards are drawn up by the dominant class. Says that aboriginal peoples are considered rural people. Notes that within the debate of the Working Group, several Asian governments have raised the need to define indigenous peoples as a condition to continue to examine the provisions of the Declaration. States that to try to define indigenous peoples will embark on a difficult exercise because of the diversity of the different cultures. Considers a definition will be unfair and infringe on the collective nature of indigenous identities. Notes that any debate also postpones the adoption of the Declaration. Rejects categorically any intention of defining indigenous peoples. States that after many years of domination, indigenous peoples are sufficiently mature and can define themselves, and history will also define them and their struggles for liberation.

Ms. Zoya Kornivola. Representative of the Tuma of the Russian Federation: Notes that the word "peoples" should be used in the Declaration on the Rights of Indigenous Peoples as indigenous peoples vary from country to country. States that in the Russian Federation there are more than 100 indigenous peoples which range from 2 million to 180,000. Adds that 30 of these indigenous peoples have their own state institutions and are subjects of the republic. Notes that some have autonomous districts, their own constitution and parliament. Notes that the most vulnerable remain the small indigenous peoples. States that the democratic developments in the recent years have made it possible to elaborate laws to protect them. Recalls that in 1993 the idea of small indigenous peoples was considered for the first time. Notes that the State has undertaken work to protect their rights at the level of international law. States, however, that these measures are not efficient without a mechanism for implementation. Mentions that there is presently a proposed law to implement the rights of indigenous peoples, including such points as the status of small indigenous peoples and the use of natural resources. Hopes that this will be an important step forward in the protection of the rights of small indigenous peoples.

Mr. Aucan Huilcaman Paillama, Consejo de Todas las Tierras Mapuche: Thanks the Chair. States that there is no doubt that the Working Group has been a place where the rights of indigenous peoples have been dealt with within the UN system. States that international law is found to be insufficient in respect to indigenous peoples and will remain so unless political aspects are fixed. Notes that presently there is a lack of considerable participation by indigenous peoples. Adds that dialogue with States is necessary, not for the purposes of competition, but for cooperation. Emphasises that it is a priority to draw up new standards in international law. Reminds that the systematic violation of the rights of indigenous peoples is still a problem. States that new violations of human rights and the rights of indigenous peoples in the area of genetic engineering is a new conflict. Emphasises that such violations are beyond ethical reasoning and an infringement of human rights. Stresses that legal regulations need to be adopted. States that the concept of indigenous peoples does not need definition. Refers to the issue of States and self-definition. Adds that self-definition applies only to those who are members of a community. Emphasises that self-definition cannot be used to define a concept in a meeting such as this one. States that identities have been denied. Adds that there is no real way to define states at this time but dialogue is necessary. Suggests that it would be best to use the definition of ILO Convention No. 169 in order to define indigenous peoples for the time being.

Ms. Akahi Nui, Kingdom of the Hawai'i Nation: States that the Na Kanaka Maoli indigenous people are the original inhabitants of the island and their traditions and origins go back to the life forces of nature itself. Says that the origins of the Na Kanaka Maoli people come from the earth, streams, springs, crops, oceans, currents, winds, volcanoes and various elements of nature. Continues by saying that these people are part of nature and nature is part of them, and their language has words for the love and the care of the land. Says that this is the core of their philosophy since the people sustained their relationship with land and extended family. Notes that the indigenous peoples need access to the resources of the land for substance which has always been the basis of their existence. Says that the Na Kanaka Maoli peoples are seen as a poverty stricken people with a high imprisonment rate. Thanks the Chairperson.

Mr. Mohamed Mijarul Quayes, representative of Bangladesh: Congratulates the chairperson for her reelection. Thanks her for her supplement working paper on the concept of indigenous peoples. Refers to paragraph 8 of the working paper which records the Bangladeshi point of view, which remains the same. Requests not to be addressed as the governmental representative, but simply as a representative. Recalls the work and deliberations of the Working Group regarding the issue of definitions. Notes that the States listed in paragraph 8, many of which are the modern states of the old indigenous peoples, are not all from Asia. Refers to the ILO Convention, the definition of Martinez Cobo in elaborating the criteria and factual grounds for the identification of peoples. Mentions the many references by delegates to self-definition which is different from self-identification. Requests clarification on how self-definition addresses the substance of the agenda item. Agrees with Ms. Daes that the diversity is so wide that a restrictive definition should not be attempted. Wonders whether it could be possible to abandon the nomenclature "indigenous", replacing it with another which may be effectively defined. Adds that this would provide the necessary focus required for standard setting.

Ms. Erica-Irene Daes, Chairperson: Thanks the representative from Bangladesh and says that she is ready to discuss the issues outside the room.

Mr. Miguel Alfonso Martinez, Member of the Working Group: States that the list of speakers has been exhausted. Adds that in reference to some of the issues on item four, the opinion of the experts is that it is not necessary to define indigenous peoples at this time. States that not having a definition could be misinterpreted as procrastination. Emphasises that it is possible to have a declaration on indigenous peoples without having a prior definition on minorities. Reiterates that it is up to them to define the concept of indigenous peoples depending on the situation in which they live. States that the term indigenous peoples is plural. Adds that this is a matter of customs and history. Notes that the usage of "s" in indigenous peoples in Spanish and English was discussed. Adds that for many years, the UN has struggled between the difference between minorities and indigenous peoples. States that head way is being made in the Working Group. States that there is little left to discuss regarding item 4. Suggests that there should be a focus on how to improve the draft declaration at the government level. Reminds that indigenous peoples should not be confused with minorities. Adds that the UN has an appropriate format for minority issues. Underlines that there is no need to duplicating that.

Mr. El-Hadji Guisse, Member of the Working Group: Says he wants to share aloud his thoughts on the concept of indigenous peoples. Notes that some have called for a definition of indigenous peoples, and says that while a definition is not possible at the present stage of the discussions, that did not mean it is not useful. States that though impossible, it is useful and this impels the Working Group to discuss it and share views. Says that when governments call for a discussion, the point is not to reach a definition of indigenous peoples in the classical sense, but rather that a legal and social framework should be reached to use as reference and to harmonise action and protect the rights of indigenous peoples. Notes that this framework has to be based on an exhaustive review of criteria to say who is an indigenous person and who is not. Notes that this has already been used in the United Nations system with the concept of minorities. Says that it is desirable to move toward a framework as reference, and possibly to reach a definition accepted by everyone. Notes that within the United Nations, the concept of people or peoples had different meanings depending on the time and place about which one is talking. Agrees with the comments offered by the Swiss delegation as one way, if not the only way, to proceed, and endorses it. Notes that the construction of international law related to indigenous people is to protect them, and requires scrupulous respect for human rights, in general, and human rights of indigenous peoples, in particular. Notes that self-determination, self-management, and autonomy are all concepts used today. Says that self-determination is used widely for people under the colonial yoke, and in the struggle of the Palestinian people. Hopes the Working Group is careful in using this definition in defending indigenous peoples. Says that all these concepts require careful and constructive reflection and discussion by governments and indigenous people and non-governmental organisations and others. States that the procedure started by the ILO Convention 169 is just the start of a common effort to reach something positive for indigenous peoples. Thinks that the Working Group should engage in a general discussion, and should not be too hasty, even if too much time has already passed. Stresses the need for a useful and positive instrument for the search for a definition or legal framework to identify indigenous peoples and to protect their rights. Asks everyone to think about ways of contributing to the protection of indigenous peoples.

Mr. Ribot Hatano, Member of the Working Group: Notes that following the statements made this morning, he has an idea of what the general sentiment is concerning the definition of indigenous peoples. Agrees with Ms. Daes' conclusions in her working paper that it is neither feasible nor desirable to have a definition. Notes, however, that it may be necessary to constitute a definition of the concept in the future, after the adoption of the Draft Declaration by the General Assembly. Hopes that the Declaration could be followed by a treaty, binding all the parties, in which a piecemeal definition could be established.

Ms. Erica-Irene Daes, Chairperson: Thanks Mr. Hatano for his comments. Notes that he is the last speaker on the list. Thanks everyone for contributions. States that consideration of item 5 will begin this afternoon at 3:00 pm. Requests that all be on time that statements are kept brief and related to recent developments. Adjourns the meeting.

Tuesday July 29, 1997
Day 2, Afternoon Session

Ms. Erica-Irene Daes, Chairperson: Declares the session open and invites discussion on item five of the agenda entitled "The Review of the Developments Pertaining to the Promotion and Protection of Human Rights and Fundamental Freedoms of Indigenous People". Notes that under this item, delegations have the opportunity to provide information about recent developments concerning issues and developments in their countries, and requests that they not deal with the history of their countries. Says that the Working Group members last year decided to highlight the principal theme of environment, land and sustainable development and that this decision was endorsed by the Sub-Commission. States that the purpose of highlighting the theme is to provide up to date technical and detailed information so that the participants can understand the indigenous people. Believes that the discussion will also assist the representatives of the United Nations system when they are developing projects and programmes for indigenous communities. Notes that the theme of this year is vital to all indigenous people and governments. Recalls that the Commission on Human Rights in its decision 1997/114 appointed herself as Special Rapporteur on the study of land rights and requested her to prepare a working paper on this theme which was contained in document E/CN4-2.1997/17 but it is not available. Requests the information centre to provide the documentation quickly because no one can work without the documents. Notes that the Working Group members decided to include as a sub-item the issue of indigenous people and health and was very pleased with the discussion on this in the last session. Reminds the participants that the Working Group is not a court of law or tribunal and is not in a position to take action on complaints.

Ms. Irja Seurujarvi-Kari, Vice President of the Finnish Sami Parliament: Congratulates Ms. Daes on her reelection as chairperson. Thanks her for her work on indigenous persons. Thanks those responsible for organizing the opening ceremony yesterday. Explains that the Sami are a distinct people present in a number of Nordic states. Notes that in four of these states they have established independent parliaments and democratically elected bodies. States that the different Sami parliaments cooperate in the protection of Sami rights, they complete common work, organise common meetings and have a joint international delegate program. Explains that she will briefly present the developments in the Finnish Sami Parliament over the last two years. Notes that the Finnish Sami Parliament was founded in 1966, taking over the work of its predecessor. Notes that a clause on Sami autonomy was adopted to the Sami Constitutional Act at the beginning of 1996. This autonomy was only recognized in the Finnish Constitution in 1995. Notes that the Finnish Parliament adopted legislation on the status of indigenous peoples in the area in which they live. Notes that this granted them the right to maintain and enhance their language and culture, enabling them to have greater autonomy in that field. Adds that new laws will continue to protect Sami rights and improve their status as indigenous peoples. Emphasises that this will enhance their possibilities of influencing decisions which concern them. Regrets that this does not cover land rights, which have as yet not been acknowledged. States that more work needs to be completed on this issue. Notes that unfortunately there are not enough finances to establish a committee on this subject. Notes that once this is solved, Finland will be able to sign the ILO Convention 169. Adds that the main purpose of this will be to plan and implement greater culture and autonomy. Clarifies that the Sami Parliament is the supreme political organ. Notes that it works within the sphere of Ministry of Justice, however it remains distinct from the State. Notes that it is the only body entitled to represent the Sami people. States that it also takes care of other issues such as language. Notes that it can prepare initiatives for the Minister and decide how the natural resources of the Sami people are to be used.

Frank Guivarri, Representative of the National Aboriginal Islander Legal Service Secretariat: Thanks the chair. Notes that the Secretariat has been given the full text of their statement and hopes that it will be made available to all the participants of the meeting. Asks that the government of Australia be invited into dialogue with all indigenous peoples of Australia. Notes that on the question of land rights, he proposes that the above dialogue be assisted by the government of New Zealand. States that this is an urgent request before Australia proceeds in any negative ways.

Mr. Aldisson Anguita, General Co-ordinator of the Mapuche Interregional Council: Greets the Working Group and expresses pleasure at attending the meeting on the special anniversary which notes when the first indigenous leaders came to the United Nations. States that the Mapuche people of Chile always present their requests and claims to the authorities without giving up their demand of autonomy. States that with the establishment of democracy, they had reached agreement with the government which enabled them to discuss laws regarding indigenous peoples. Notes that, however, their hopes have decreased step by step with the commercial opening of Chile. States that Chile's participation in MECOSUR, for instance, has made it one of the three countries in the region with the most uneven distribution of wealth. States that this threatens to the existence of the Mapuche and increases exploitation of their resources. Notes that projects endangering Mapuche areas are considerable drawbacks to the advances which they had made. Mentions that these projects include a power station which will flood 3,400 hectares of their land and transfer 700 families which will have been deprived of their natural land. Notes that Mapuche communities are also deprived of the natural habitat of flora and fauna which is the basis of bio-diversity. Says that the so-called "Lacosta Project" is also infringing on the coastal areas of the Mapuche people. Says that they expressed their discontent and rejection of the projects in letters to the President but have received no replies. Notes that the Commission of Human Rights of Chile took no stand against these attacks on their people which means that the government is overlooking its own laws and allowing transnational corporations to operate on their territories. Demands that the government stop the power station and the coastal project immediately. Urges a reassessment of the development process and an assurance of sustainable development. Demands the participation of the Mapuche people to express their true aspirations and to allow them to participate in decision-making.

Ms. Maria Portugal, Federation des Organisations Amerindiennes de Guyane (FOAG), France: Notes that a number of specific measures have been taken to ensure greater participation of the Amerindian peoples and guarantee the protection of their fundamental rights. Indicates that these concern the improvement of their legal status and greater participation in regional life, aiming at a better use of natural resources, prevention of degradation of natural resources, flourishing of the indigenous culture and traditions. Adds that measures are aimed at ensuring a flexible mechanism to implement and develop projects that are in the interest of the Amerindians. Mentions that legal and social policy reforms have been undertaken through dialogue and greater cooperation. States that the French government will attempt to achieve the following objectives: A.) Ratify the ILO Convention 169 and implementation of a number of measures adopted by various international human right bodies or based on international instruments. B.) Implement indigenous rights based upon cultural values and traditional knowledge C). Establish of laws and programs to increase participation, regional development, free circulation, management of natural resources. D,) Recognise and respect of fundamental rights, culture, participation in foreign policy and strategies of development. E). Ensure that the indigenous peoples have greater control of their land, management of resources. F.) Adopt and reaffirm the political or judicial instruments for the protection of Amerindian intellectual property based on traditions and ancient knowledge. G.) Incorporate international customs in national legislation. H.) Elaborate programs for education. I.) Enable Amerindians to participate in regional bodies that deal with Amerindian problems. J.) Facilitate participation of indigenous peoples in international and national forums. K.) Ensure participation in the maintenance of ecological balance, habitat, water levels, biological diversity. L.) Recognise and respect the capacity of the people to manage the environment. M.) Encourage institutional and financial cooperation with local people.

Mr. Joseph T Ole Karia, Maasai African Indigenous Peoples: Thanks and greets all. States that the indigenous peoples all over the world are suffering great losses by colonial regions and governments. Notes that historically the Maasai were recognized as hostile, brave and primitive people who would not permit Western explorative endeavours to take place in Kenya. Recalls that eventually the British forcefully removed the Maasai from their historical ancestral lands and settled other people with no legitimate rights. Adds that the Maasai were forced from their rich soils, good pastures and wonderful climates to the most arid and hostile climate. Adds that many losses were suffered due to the movement of peoples. States that the behaviour of the British government was justified in international circles. Notes that the deprivation of the means of survival and subsistence, which itself is a blatant violation of human rights, is conducive to the abuses of both domestic and international law. States that the UN and this Working Group would be well advised to recommend the affirmative actions in recompensating the Maasai for their losses in order to promote justice. Adds that there is much need for improved access to legal services for the Maasai and other ethnic communities. Emphasises that at present the legal services are almost non-existent. States that it is the wish of the Maasai people to see the international community promoting indigenous peoples rights and legitimate aspirations and eliminate poverty, marginalisation and backwardness by strengthening intellectual property rights, education, environment, civil liberties, justice and other fundamental rights.

Mr. Aucan Huil Caman, Cosejo de Todas Las Tierra Mapuche: Gives tribute to the indigenous leaders who came to the United Nations 20 years ago to express the voices and hopes of the indigenous peoples. Notes that while some are no longer with them, their spirit continues to guide the indigenous people. Adds that they left their lands firmly convinced that their peoples will continue to struggle for fundamental freedoms. Notes that four years ago in Chile, indigenous law was approved and it was a compromise between certain leaders of the indigenous people of Chile and the new government. Says that this introduced a new political picture as the new law provides a mechanism which tries to resolve the historical problem of the indigenous land which has been denied to its rightful owners. Notes that the usurpers of Mapuche land are recognised as the true owners of Mapuche land since it was they who created the laws. Declares that this law denies the Mapuche's historical ownership of the land and attacks their basic rights. Says that there is also another law which stopped the indigenous people from having self-determination and their differences were not considered. Notes also that the state monitors everything to do with the law, and it has been impossible to participate in legal mechanisms due to their cultural identities. Notes that nationally and internationally, there is an effort to legalise the rights of indigenous peoples and their existence. Emphasises that the world still does not recognise the fundamental rights of indigenous peoples. Notes the indigenous personality project which started in Chile was meant to legally subordinate indigenous peoples. Expresses concern that the legal recognition of indigenous peoples by states is based only on the social element, leaving aside all other elements of indigenous culture which in the end breaks up indigenous communities. Says that there are several indigenous communities which have been divided by legal processes.

Ms. Erica-Irene Daes, Chairperson: Stresses that speeches of delegates should remain as brief as possible. Notes that they may have to put limitations on the speeches as of tomorrow.

Ms. Sofia Painiqueo T, Asociasion Mapuche Folil Che Aflaiai: Reports on the latest events which are connected with item 5. States that the Mapuche consider land and environment a basic concern. Emphasises that each community must preserve it. Notes that the present government has violated these concerns by allowing the national electrical company to build 6 hydro electric dams on the Alto Bio-Bio which will cut off the river in 6 places. Adds that the result will be the flooding of 3.339 hectares of land which will affect 2 communities. Indicates that this will cause a displacement of 445 people and that the culture will be dismantled. States that the environment will be greatly affected, with a change of flow of the river. States that the extinction of animals and species is another concern. Notes that the whole ecosystem will slowly deteriorate in this area. Notes that CONAMA is the state organization responsible for environmental concerns in Chile. Recalls that CONAMA voted that the hydro station be built even with the knowledge of the harm that it will cause to the Mapuche people. States that in September 1993 the Chilean government created the CONADI which was to implement the protection of indigenous peoples' rights. Adds that it is law that any project concerning indigenous peoples must have prior authorization and consent by the indigenous people themselves. Remarks that there has been no submission as such of this subject to the indigenous peoples. Indicates that the station has been set into order and is a violation of the indigenous peoples rights. Asks the Working Group to intervene. Underlines that without intervention their will be a disappearance of the PEWENCHE territory. Asks the representative of the Chilean government to comment on this issue.

Mr. Lee Swepston, ILO: Comments briefly on item four and notes that Ms. Daes has reached the same conclusion on the definition of indigenous peoples that the ILO Conventions 107 and 169 had reached with the agreement of all states. Notes that there is no limitation on the term "peoples" in the Convention, rather there is a reference that the United Nations should determine the meaning of the term in international law. Notes that this is not a limitation. Stresses that the ILO is responsible for the only two international conventions on indigenous people. Explains the technical assistance provided by the ILO to facilitate efforts within the United Nations system to co-ordinate technical work and this is very productive. Notes that the ILO provides technical assistance in Guatemala, Costa Rica, Bolivia, Cambodia, and many other countries. Outlines the work of the ILO on publications and explains that last year, the ILO published a guide to Convention 169, revised it and also offered it in Spanish. States that it has also published another book with reference to North America. Notes that the ILO carried out supervision of the application of the Conventions in countries which agreed to them and made comments on the situation in Brazil, India and Mexico. Says that the Conventions contained detailed provisions on land rights and health. Notes that the Committee of Experts states that land rights are the most serious problem word-wide affecting the rights of indigenous people. Notes that the ILO has done extensive work and provides technical assistance. Explains that the Committee of Experts also expressed real concern about the health of indigenous people and will continue to do so as long as the health situation continues to deteriorate.

Ms. Erica-Irene Daes, Chairperson: Thanks the ILO for its comprehensive work. States that close cooperation with ILO will continue.

Dr. Dhanabir Laishram, Centre for the Progress of Manipuri People (An Indigenous Forum): Thanks Ms. Daes on behalf of the international unrepresented indigenous peoples of Manipur represented by the Center For Progress of Manipuri Peoples. Recalls that the Manipur people have lost their rights during the English and later during the Indian domination. Mentions the strong, ancient, and common history of the Manipur peoples as recorded in the archives. Condemns the many violations of fundamental freedoms and human rights which are a direct consequence of the violations of the right to self-determination as stated in Article 3 of the Draft Declaration and other human rights instruments. States that the Manipur people have suffered from the loss of ancestral land and natural resources as a result of Acts adopted by the Indian government. This has caused a severe pauperisation of the people as great portions of land were classified as government lands without adequate compensation. Adds that the culture and traditions of the Manipur peoples has been eroded by population transfers, adoption of patriarchal Indian laws and value systems. Notes that health has come under serious threat as a result of the state of emergency and martial law put in place over four decades ago. States that the presence of the military and constant threats have prevented an adequate health service from being established. Emphasises that health problems are high, few children are vaccinated, people suffer from psychological stress, rape and other sexual abuses. Adds that there are many cases of torture, disappearances, threat to life and custodial threats. Stresses that all fundamental rights are being violated and cannot be restored under the present situation of occupation by the Union of India.

13. Mr. Andrew McAlister, Observer Delegation of Canada: Thanks the chair. Provides an update on key developments from last year's statement and reports on the new undertakings pertaining to this years theme; land, environment and sustainable development. Notes that steps continue to be taken towards Aboriginal self-government policies. Adds that the majority of negotiations towards this policy are occurring in British Columbia. Mentions that several agreements on various issues have been signed since August 1996. Adds that much attention is still required in the areas of policies regarding self-government and continue to be in negotiation. Notes that the negotiations provide a forum for the two levels of government to work co-operatively with the Aboriginal organizations to enhance the control and influence of the Aboriginal people over issues and decisions that affect their lives. States that over the past year, the settlement of land claims and Aboriginal economic development have been key priorities for the Government of Canada, as contributing factors to the implementation of the inherent right of self-government. States that an important goal for Canada is to settle Aboriginal land claims and reach self-government agreements as well as continuing to resolve historical grievances of First Nations. Indicates that there are currently more than 18,000 Aboriginal-owned businesses in Canada including the newly launched First Nations Bank of Canada. Notes that there is a movement towards the encouragement of international trade and development among indigenous populations which includes the publication of an Aboriginal chapter in Canada's International Business Strategy. Explains that some of the progress that Canada has made on the issue of land, environment and sustainable development is as follows: 1.) the release of the evaluation of the Arctic Environmental Strategy in April 1997, 2.) the Canadian Arctic Contaminants Assessment Report by the Department of Indian Affairs and Northern Development and the Department of the Environment on June 6, 1997, 3.) a federal government requirement for departments to complete sustainable development strategies which have been developed in consultation with clients and partners, 4.) intervention to devote a day to issues of concern and interest to indigenous peoples at the recent UN Special Session of the Commission on Sustainable Development, 5.) planning contributions to an important international workshop on biological diversity, 6.) and the extension of the Model Forest Program has for another 5 years. Notes that in the update on the initiatives and issues which Canada has brought to the attention of this Working Group in previous years, the most significant initiative is the Royal Commission on Aboriginal Peoples. Explains that this Commission contains over 400 recommendations and urges renewal of the relationship between many Canadian Aboriginal communities and the various levels of government. Notes that copies of a summary document of the Commission are available at the back of the room or the full document is accessible through the Internet. Adds that an update on the issues of community development and youth in Canada is also given. States that progress continues to be made and worked on in both these areas. Notes that an update is also given on the developments of the International Decade of the World's Indigenous Peoples. Explains that the project is directed at fostering greater international awareness of Aboriginal people today. Mentions that this fall there will be discussions on themes for the Decade. States that some additional items of development are: 1.) Canada, Russia and the ministers of the European Union, through the General Affairs Council, have approved and agreement to establish international standards for humane trapping systems; 2.) As of April 1, 1999 the territory of Nunavut officially comes into being; 3.) An agreement to relocate the Mushuau Innu community of Davis Inlet was signed in November 1996; 4.) The Department of Justice now has a new mandate which supports justice programs which will build the institutional capacity of Aboriginal communities; 5.) The Indian Taxation Advisory Board, in partnership with the Federation of Canadian Municipalities, opened a Centre for Municipal Aboriginal Relations; and 6.) Canada and the Confederacy of Treaty Six recently signed a Protocol for Bilateral Discussions Respecting Treaty Six. States that further information on initiatives in Canada is available in a document entitled "Aboriginal Agenda: Renewing the Partnership". Notes that the senior executive from Health Canada is with them and will elaborate upon the issues of Aboriginal health in Canada in a separate statement. States that Canada will continue to pursue an active agenda to address the wide range of issues affecting the Aboriginal peoples of Canada.

Mr. Bill Tehuia Hamilton, Education International, New Zealand: Notes that the right to quality education is a basic human right and fundamental freedom and indigenous peoples look to the United Nations to protect it. States that there can be no sustainable development without quality indigenous education. Says that the Maori want Maori education and self-determination. Says that while it is true that there are a number of Maori schools, they were mostly primary and it is the Maori communities which developed and nurtured them. Notes that the government of New Zealand should help rather than claim credit for them, and adds that since the 1970s, the government has failed to provide resources for Maori education. Explains that as a result of this, many Maori teachers have no training and there are not enough material resources to sustain and protect the language and the culture and people. States that while it is also true that the national curriculum is in Maori, the Maori wanted a curriculum based on Maori attitudes and values but what they received was a translation of non-Maori curriculum. Says that perhaps this is a new attempt at colonisation. Expresses the desire of the indigenous peoples for indigenous curricula, indigenous control, protection of the mother tongue and indigenous culture. Notes that the education system needs to respond to the poverty prevalent among indigenous peoples. States that it was of value for mainstream education to incorporate indigenous perspectives. Notes that Education International represents millions of teachers in dozens of countries. States that in response to calls by its indigenous members, it promotes the collective rights of indigenous self-determination and cultural identity, including the right to learn in their own language and education. Urges the Working Group to include a review of indigenous development and education as a key element of fundamental rights of indigenous peoples in 1998. Suggests it may be appropriate for UNESCO to provide a report on the state of indigenous education around the world with the help of Education International.

Ms. Nina Nesterova, Consultative Committee of Finno-Ugric Peoples: States that the Komi people are part of the Komi Republic which is part of the Russian Federation. Notes that despite the recent positive steps which have been taken on the basis of constructive discussion with the Federation, numerous problems remain. Explains that the ancestral land of the Komi people is rich in oil, gas, timber and other natural resources. Adds that for many years the extraction of minerals has taken place where the indigenous peoples live. Notes that today many enterprises are scaling down their activity and are leaving the indigenous peoples without any means to exist; jobs, schools, electricity etc. Explains that particular problems have emerged for the reindeer hurders, reindeer being the traditional means of subsistence of these peoples. Gives the example of farms that have been broken and distribution mechanisms that have been disrupted. Indicates that a small group of indigenous peoples are particularly threatened by these developments. Indicates that 80 people have no identification, the children are not being registered at birth, their is no education system. States that as a result they find themselves outside of the State. States that the Committee for Komi people has been trying to resolve these problems. Stresses the importance of the adoption of the Draft Declaration in order to solve these problems. Thanks all those responsible for organizing the Working Group.

Ms. Maria Noguerol, Observer for the Spanish Government: Thanks the Chairperson and the Working Group. Congratulates the indigenous peoples for this meeting which represents 20 years of work. States that the Working Group has led to more respect and safeguarding of indigenous people which is welcomed by the Spanish Delegation. Supports the establishment of a forum for this purpose. States that the Spanish Government is in cooperation with strategies for the self-development of indigenous peoples. Notes that there can be 2 courses taken; 1.) the participation of indigenous peoples in an International Forum fostering their own opinions and strengthening national and international policies, 2.) training in new technologies and strengthening of indigenous peoples' organizations. Notes that in the fields of health, education, journalism, sustainable environment and development, many projects are financed. Adds that these projects are channelled financially through Spanish NGOs. States that a submission has been made to the heads of a state fund and executive council in 6 regional and 6 interregional areas. Recalls that in May 1997 in Bolivia they decided to set up a judiciary fund from contributions from member states. Notes that Spain recently announced it will contribute to this fund.

Mr. Abdoulahi Attayoub, Survie Touaregue-TEMOUST: Says that his organization came to talk about the Touaregs people and their tragedy. Explains that France included their territory into Niger and Mali. Notes that the Touaregs have contributed to the development of their new countries, however the government continued colonial administration policies and the Touaregs were marginalised, effectively isolated from participation in political life. Says that Touaregs continue to die from thirst and hunger, only a few kilometres away from their land where the government was extracting uranium and making vast profits. States that the situation is worst in Mali, where the State massacred up to 15,000 Touaregs between 1990 and 1995 in a genuine ethnic cleansing which had even emptied certain cities and caused hundreds of thousands to flee to the neighbouring countries of Algeria, Mauritania and Burkina-Faso. Notes that various peace agreements appear to be attempts to smother the Touaregs people and states that despite the return of calm, authorities in Niger and Mali refused to carry out their commitments. Says that the leaders of the Touaregs peoples express sentiments of resentment that the human rights of their people are violated and no action has been taken against their killers. Explains that in Mali, the military leaders responsible for the massacres occupy the highest posts in the country. Expresses concern that the United Nations continues to be silent on these issues. Says that the Touaregs should have self-determination, justice and freedom. Warns that the scope of these massacres still threaten the Touaregs and this justifies the creation of an international tribunal to try the criminals. Hopes that the United Nations assumes responsibility and sends experts to Niger and Mali to investigate these massacres.

Mr. Sebastien Lara, Centro Internacional de Informacion y Documentacion de los Pueblos Indigenas: Recalls the developments of international standards for the protection of territorial rights and fundamental freedoms. Describes the effects of the European invasion on the culture and traditions of the South American peoples. Notes that in 1998 the South Americans will be celebrating the 100 years of the fall of the Spanish Empire. Adds that the present states are only 200 years old and largely based on indigenous cultures. States that the attempts by governments to assimilate the indigenous peoples through citizenship has resulted in tension and violence. Adds that to attain this objective, differences have been denied and rights violated. Notes the importance of territoriality which enables the reproduction of and development of culture. Stresses the importance of recognising self-determination for the indigenous peoples which is the basis for all instruments concerning them. Recognises that this will force States to recognise their traditions and culture. Notes the recent changes in the international policy of States, in particular within the EU, NATO, and other such institutions. Stresses that there are no differences between the treatment of indigenous peoples in the North and the South. States that it is the result of the national structure which progressively destroys the worlds eco-system and environment in the name of development. Agrees that development is necessary, but not the development imposed by the North, which does not take into account the interests of the indigenous peoples. Stresses that the industrialised nations are continuing to impose their rules on South American states through the World Bank and IMF. Notes that this has been confirmed by NGOs and international organizations. States that a more practical approach must be taken and greater cooperation must be developed. Emphasises that there is a need for solidarity, autonomous management, ownership of the land on which they live and access to the international market economy. Concludes that the policy for cooperation and development should be more in line with the interests of indigenous peoples ensuring greater participation.

Mr. Kok Ksor, Montagnard Foundation, Inc.: States that as a representative of Montagnards / Dega people of Vietnam, the challenges ahead are difficult but with so many diverse groups of people there is a strength. Notes that since 1993 there has not been much improvement regarding the conditions in Vietnam. States that the Montagnard people rely heavily on the dominance of another culture, in this case the Vietnamese, for basic human needs and freedoms. States that the many problems that need to be dealt with are education, medical care, land rights, religious beliefs, starvation and repression. Adds the most difficult problem is the loss of cultural heritage. States that commitment to the dedication of human rights of all indigenous peoples is fully supported.

Mr. John Abednego, Torres Strait Regional Authority: Notes that the regional body was established in 1994 and was located on Thursday Island in the Toral Straits which are part of Australia. Says that the topic of land and environment are of central importance to their people as they are sea-faring people and hunters. Emphasises that their land is the source their culture and way of life. States that it is vital that the local environment is maintained. Notes that pollution, lack of environmental monitoring of sea resources and mining are environmental issues of concern to their people. Notes that the Toral Straits have a unique environment, yet have no ombudsman to protect its marine environment. Questions how indigenous people can approach this area since the traditional role they played in managing their environment is not longer the case and the decisions affecting them are our of their control. Explains that their advice can be listened to or ignored and believes that it is important that they are heard for the benefit of the environment. Notes that they took a co-operative approach and have established an open dialogue with all levels of the government because both parties have a lot at stake. Notes that over the past 12 months, major steps have been taken to grant autonomy to their indigenous people and states that autonomy will be good for the environment and for all areas of their lives. States that the inclusion of the indigenous people in decision-making will make programmes better targeted and implemented. Notes that an improvement in housing is needed as it will help raise the health standards of the indigenous people. Notes that the government has provided proposals on this matter. Notes that the indigenous people have a vision and concrete plans for advancement and are holding a constructive dialogue with the government to enter the new century with a developed Toral Straits which protects its unique character, beauty and people.

Ms. Ellen Wright, Teton Sioux Nation Treaty Council: Expresses thanks for having the opportunity to take part in the Working Group. Stresses the importance of discussing the issue of land and environment as this is very important to the survival of the Lakota people. Notes that water is the basis of life and is particularly important for the Lakota people as they live in a dry land and water is a scarce resource. Notes that many people across the world still take water for granted. Recalls that there ancestors told of a time when water would be polluted, it seems that time has now come. Notes that the government and corporations have been contaminating the water sources, destroying the habitat and endangering the local inhabitants. States that this is not an isolated case and that many find themselves in this situation. Adds that although the indigenous peoples are the first to suffer, they will not be the last. Notes that the established colonial governments continue to put economic pressure on the peoples, favouring their interests and that of the corporate companies. Emphasises that this is a violation of the fundamental right to life. Adds that they are continuing to sell their water rights without allowing them to participate in the negotiations. Mentions that facts related to these specific acts are contained in the attached memorandum which will be presented to the Working Group. Notes that the basic element for sustainable development is being take from them. Explains that the treaties that should protect these fundamental rights are not being respected. Mentions the importance of participating in these forums but also of obtaining positive suggestions. Emphasises the need to adopt the Draft Declaration which offers the minimum standards for the protection of the land and environment. Underlines that there is a need for a permanent forum with ability to act on violation of human rights. Hopes Mr. Martinez will have enough funds to finish his study on treaties.

Mr. Bart Bernard, Mena Muria Foundation: Notes that a report was published last month by the Hualopu Foundation on the mining exploration of the Moluccan island, Haruku. States that many years of deforestation have caused much environmental damage on the Moluccas. Notes that also of concern is the family-planning and birth-control policy, which violates women's rights, and harms indigenous Moluccan people. States that the before mentioned problems will lead to the loss of forests, danger to fisheries, pollution of rivers and limitation of fresh water supplies. Notes that the peoples of the communities that are affected by the effects of the mining have complained about the lack of information that was provided to them. States that it was clear that no real effort was made to inform the local people about the potential size and type of operation they could be facing. Adds that these consequences are quite similar to all indigenous peoples who are facing the danger of agreements between local governments and company representatives. adds that Mena Muria Foundation stresses the importance of the key role of the indigenous people in the levels of national and international trade agreements.

Mr. Ikram Jamaluddin, Observer Delegation from Malaysia: Congratulates Ms. Daes on her re-election and says that the Working Group will go a long way under her chairmanship. Notes that Malaysia placed the issue of indigenous peoples in a position of importance and took key note on resolutions on indigenous people passed in international forums and in their implementation. Says that the government takes great pains to ensure they are carried out according to the Malaysia mould. Notes that the indigenous population in Malaysia formed 65 percent of the population, and the Bumiputras carried an active political and administrative role, however their economy and industry are behind. Notes that the Bumiputras is made up of many groups and says that since independence in 1957, the government has spared no effort to improve the welfare of the indigenous people in adversely affected by the colonisers. Says that as a result, the Bumiputras have benefited in political and administration contribution to the country, however, the benefits did not reach all the indigenous people equally because of geographical location and traditional values maintained by some. States that poverty is still high among some Bumiputras, and to ensure that they are not marginalised, the government has embarked on new initiatives to accelerate the development. Lists them to include establishing a primary school administration, participation of the private sector in development of their land, formulation of state policies to ensure better legal protection, provision of interest free loans to purchase shared, integration of development programmes, revitalisation of forest based industries, implementation of special integrated projects and strengthening of grass-root development. States in conclusion that Malaysia is confident of the success of its initiative and smaller groups will forge ahead until the year 2020 which is the year set by the government as the year when the country will become totally developed.

Ms. Millie Ingram, New South Whales Aboriginal Land Council: Welcomes the opportunity to discuss the recent developments on these issues. Notes the Wik decision handed down by the High Court of Australia in December 1996. Recalls article 27 of the Draft Declaration on the Restitution of Land, where in the case that restitution is not possible there should be compensation. Notes that in 1992, the Australian High Court, in the Mabo decision, reversed the doctrine of terra nullius which denied the aborigines of there land rights for over 200 years. Adds that the High Court held that the common law of Australia recognises that the indigenous peoples of Australia have always enjoyed and possessed the title to the land. Clarifies that this title only continues to exist in accordance with the laws and customs of indigenous peoples, where they have maintained their connection with the land, and where the title has not been extinguished by legislation or action of a government. Unclear when and how this title could be extinguished. Notes that in the Wik decision, the High Court found that pastoral leases did not give exclusive possession to the pastoralists and that native rights could coexist with pastoral leases. States that the Australian Liberal Coalition Government has condemned the decision on the grounds that it is bad for mining and pastoral activities. Adds that they have advocated legislation to dispossess Aboriginal peoples of their rights. States that if adopted, they will cause severe disturbances. Hopes to resolve this by developing an effective process for regional agreements who could bind potential native title holders before there had been any determination of a native title. Notes that the Aboriginal Land Council has prepared a detailed proposal. States that this could enable agreements between the governments and aboriginal institutions. Emphasises that the right to negotiate is essential and ensures that what is decided on paper is correctly implemented. Underlines that this is not an isolated case, it exists both in North America and New Zealand. States that if Australia attempts to extinguish native titles, it will be aligning itself with the approach of former South Africa under the 1913 Lands Act.

Mr. Dario Jana, Red Internacional de Apoyo al Pueblo Pehuenche y el Biobio:States that the history of usurping and repression of our peoples is a fact. Denounces the Government of Chile for their violations against the Chilean people. Notes the Pehuenche will be affected by the 6 electricity dams on the Alto Bio-Bio River. States that the damage will cover 26 million hectares and will affect 10,000 people. Notes that many objections have been made but nothing has been changed by raising these points. Recalls that after a complaint to the inspection panel had been carried out, the accusations were checked and it is found that there is intentional discrimination. Notes that on June 9, the decision by Eduardo Frei to approve the project was made. Notes that this is a violation of national and international law. Emphasises that respect needs to be shown for indigenous peoples rights. States that according to the summary of facts, the president and the electric company will not withdraw from the project and will rob the Pehuenchei of lands, livelihood and culture. States that this is ethnocide, an obvious disintegration of the Pehuenchei people. Notes that the accusations against the Government of Chile will be documented so they can be duly assessed. Hopes for the necessary support.

Mr. Lazaro Pary, Movimiento Indio Tupaj Amaru: Thanks the Chairperson and notes that 20 years have elapsed since the first conference on indigenous peoples which marked the first time that the representatives of the indigenous communities crossed the Atlantic and the threshold of the United Nations. Says that as a pioneer of that meeting in 1977, he notes that it gave impetus to the indigenous cause. Expresses gratitude to the organisers of the conference, for their struggle to combat discrimination and injustice and for their courage to challenge modern colonisers. Notes that the merit of the 1977 meeting is that for the first time, the crucial problems which plagued the Indian people for five centuries were put before the United Nations and a cry of alarm was sounded to the international conscience. Expresses pleasure at submitting copies of the final resolutions of the 1977 conference which recommended the urgent need to return the Indian territories to the indigenous peoples. Urges states to recognise the rights of the property of these lands to the indigenous people as well as the protection of their intellectual and cultural heritage. Draws attention to them and urges the United Nations Centre for Transnational Cooperation to investigate the role of transnational corporations in plundering the lands and resources of indigenous peoples, then notes that this centre has been done away with. Notes that the international community needed to draw up a draft declaration of the rights of indigenous peoples which will be a small entrance in the United Nations by peoples who have no voice. Notes that while there has been progress towards this today, no tangible progress has been made. States that despite the efforts deployed and the will by members of the Working Group, year after year the Draft Declaration is becoming void of political and legal essence because of the lack of political will of the states. Notes that the fundamental rights of all indigenous peoples are being challenged and dark days are ahead because of the opening of the doors to transnational corporations. Expresses satisfaction however that the international collective conscience has been awakened and aboriginal nations and peoples have become aware of their own identify and constituted today true entities which are able to participate.

Mr. Julian Burger, Secretary, Working Group on Indigenous Populations: Informs delegates that the list of speakers for all items of the agenda will be closing tonight at 6:30 pm. Notes that the secretariat staff is available to register them. Notes that conference room paper 1, on the Santiago meeting, is now available in English, French and Spanish. Notes that there will be a meeting in room XXV at 6:00 by the indigenous peoples of South America. Adds that at 12:30 tomorrow, there will be a panel organized by WHO addressing health issues. Notes that there is an on-going workshop on health starting tomorrow at 8:30 am, in room XXIV, organized by the Canadian Government. Adds that translations are available. Notes that at 6:15 this evening, there will be a presentation of photograph exhibition taken by children of a school in Marseilles, outside the conference room.

Ms. Erica-Irene Daes, Chairperson: Thanks the Secretary for the announcements and adjourns meeting until 10:00 am tomorrow.

Wednesday July 30, 1997
Day 3, Morning Session

Ms. Erica-Irene Daes, Chairperson: Declares the meeting open and says they will continue to consider item five on "Review of Developments Pertaining to the Promotion and Protection of Human Rights and Fundamental Freedoms of Indigenous People". Notes that there are more than 100 speakers on this item and appeals respectfully for speakers to be as brief as possible. Appeals to non-governmental organizations to consider making common statements. Hopes that they are able to complete their agenda and consider all items on it with everyone democratically participating. Hopes the speakers help the meeting and respect the right of their colleges to speak. Notes that it is decided that if a speaker is called and the person is not in the room, the name will be deleted from the list of speakers. Hopes that with every one's cooperation, the Working Group will be able to successfully complete its work.

Mr. Yogesh Varhade, President, Ambedkar Centre for Justice and Peace: Notes that it is a privilege to participate in the Working Group under the guidance and wisdom of Ms. Daes. Explains that in India there is the greatest number of indigenous tribes, more than 300 million in total. Describes the results of the Indian colonisation on his tribe; cities were destroyed, people killed and a separate class, "the Untouchables", was created. Remarks that although the laws of India guarantee the liberty and equality of all, they are not implemented. Explains that a religion was created, Brahminism, which supports the inequality of human beings. Notes that of the many casts in India, the Untouchables are the lowest. States that each cast is kept separate an there can be no communication between them. States that one is born into a cast and dies in that cast. States that the Untouchables are very poor, illiterate, suffer from malnutrition, labour exploitation. Adds that they are repeatedly segregated and refused help from the Indian authorities. Adds that this was confirmed by Human Rights Watch in 1996 which stated that there were 160 million child labourers in India. Regrets that there has been no concrete evolution or compassion by the Indian authorities for these very serious matters. Recalls that in 1994, a peaceful demonstration by woman was brutally repressed. Notes that the Committee on the Elimination of Racial Discrimination condemned this situation but as yet no measures have been undertaken. Emphasises that national and international laws must be implemented. Underlines that there should be a constitutional recognition of the Untouchables. Asserts that the indigenous peoples used to live in a peaceful situation before the invasion. Asks for the respect of human rights and fundamental freedoms in order to restore the peace and liberty they once enjoyed.

Professor Ribot Hatano, Member of the Working Group: Thanks Chairperson. Says he is encouraged by the statement that was made by the Canadian government on the progress that has been made in regards to indigenous peoples issues. Wonders why such note worthy progress has not been reported by the indigenous people themselves. Notes that mostly negative aspects are generally reported. Reminds that the Working Group is not a forum to criticise. Mentions that complaints against governments should be filed with the Sub-Commission under item 2, "Country situations of human rights", or item 7 -"human rights of indigenous peoples". Reminds that item 5 is annually adopted on the agenda of the Working Group. Appeals for NGOs to provide only latest information on situations. Requests that governments and indigenous peoples highlight the positive steps being made in order to stimulate and encourage other countries in stepping forward even if only little steps are made. Hopes that it will be a successful morning.

Ms. Erica-Irene Daes, Chairperson: Notes brief comments on the statement of the Canadian Government yesterday. Says it was a comprehensive statement and hopes the participants have copies of the statement and the relevant documentation with it.

Mr. Ram Dayal Munda, Indian Confederation of Indigenous Tribal Peoples: Brings greetings to the meeting from the indigenous peoples of India. Wishes to speak about the state of indigenous peoples in India, whose lives are connected to their land. Pays tribute to the elders from the Americas for their initiative which allows indigenous peoples to be at the United Nations today. Notes that India is observing 50 years of independence, but that there is little to celebrate for the indigenous peoples. States that despite special provisions for their protection in the Constitution, they remain the most poverty-stricken, the most illiterate and in ill-health. Says that the course of development which the government has taken has not considered the interests of indigenous peoples. Explains that development projects like mining and power plants have displaced indigenous peoples from their areas. Explains that as a result of this, more than one-fifth of the indigenous peoples are on the road, on the way to disintegration and extinction. States that what is needed is a radically different development policy to ensure the fullest participation of the indigenous peopl