Statement on behalf of the Indigenous Peoples Caucus
by Devasish Roy, Co-Chairperson
Indigenous Peoples Caucus
on

Provisional Adoption of Articles

Mr. Chairperson,

Being strongly encouraged by the Resolution of the 3rd Committee of the General Assembly of the United Nations calling for the proclamation of the Second International Decade of the World’s Indigenous People, to commence on 1 January, 2005, and urging for the adoption, as soon as possible, of a final draft United Nations Declaration on the Rights of Indigenous Peoples,

Considering that the provisional adoption of preambular paragraphs and articles is an important means of facilitating progress towards the adoption of a United Nations Declaration on the Rights of Indigenous Peoples,

The Indigenous Peoples Caucus, consisting of Indigenous Delegations from all the seven regions of the world, met in Geneva on 3 December 2004, and discussed the issue of provisional adoption of articles, and reached consensus on the provisional adoption of a number of preambular paragraphs and a number of operative articles of the Draft Declaration. However, due among other reasons, to shortage of time at the very end of the 10th Session of the Working Group, we were unable to formally table that proposal, with which duty I was charged, on behalf of the Caucus. These developments were also brought to the notice of the Delegation of Norway, which was co-facilitating the matter of provisional adoption, and with whose cooperation our Caucus was very happy to take the process forward.

At an Indigenous Peoples Caucus meeting held in Geneva on 3 and 4 December, 2005, the matter was further deliberated upon, and the articles supported for provisional adoption by the caucus at WGDD 10 were revisited in the context of one new development, among others, namely the offer of the chairperson’s own proposals on the articles of the Draft Declaration.

In our decision that was taken at the 10th Working Group – which was of course, not formally tabled – we had identified three sets of preambular paragraphs and operative articles. The first set of articles, numbering nine, contained those that could be provisionally adopted without any further discussion, since informal discussions at WGDD 10, and the reports of previous sessions, indicated that there was consensus on those paragraphs and articles. The second set, numbering seven, could likewise be provisionally adopted, if necessary after further discussion, since informal discussions at the 10th session, and the reports of previous sessions, indicated that there was consensus on those paragraphs and articles, some of which were the result of the facilitation process involving both governmental and indigenous delegations. The third set, numbering eight, included preambular paragraphs and articles that were suitable for consideration for provisional adoption after discussions, if needed. After due deliberations, it was decided, unanimously, that the vast majority of the paragraphs and articles from all three sets, could be adopted, and did not require further discussion.

In particular, the Indigenous Peoples Caucus decided that the following preambular paragraphs and operative articles could be provisionally adopted:

Preambular Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 12, 16, 17, 18, and

Operative Articles 2, 8, 9, 10, 19, 34, 40, 42, 44.

It may be pointed out that a large number of the paragraphs and articles mentioned here coincide with those that were also supported by the group of governmental delegations facilitated by the Government of Norway, and also coincide with those that were included in the list of the chairperson’s proposals.

It is important for all delegations participating in this Working Group to appreciate the difficulties of certain indigenous delegations in accepting changes to the sub-commission text, in the drafting of which they have been involved a great number of years. However, in the greater interest of attaining progress, and maintaining unity, they have decided not to object to this consensus. We respect this decision. We sincerely hope that this significant and constructive gesture of goodwill will be reciprocated by governmental delegations.

The Indigenous Peoples Caucus assures you, Mr. Chairperson, and all participants at this Working Group, that we will cooperate on the provisional adoption of articles and generally to take this process forward. Hopefully, more articles for provisional adoption will emerge in the course of the coming two weeks.

Thank you.