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UNPO Call for an Indigenous Position on Agenda Item 8: The Future of the WGIP |
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Thursday, 03 August 2006 |
In response to the WGIP Chairperson's call for input on the Future of the WGIP, UNPO suggests a series of proposals for consideration by indigenous representatives and expert members.
UNPO Call for an Indigenous Position on Agenda Item 8: The Future of the WGIP
Unrepresented Nations and Peoples Organization (UNPO), Office of the General Secretary, The Hague, the Netherlands
This article is written in response to Chairperson Yozo Yokotas call for input on agenda item 8 The Future of the WGIP. UNPO will accordingly elaborate upon a potential future for the UN Working Group on Indigenous Populations (WGIP) under the new Human Rights Council (HRC).
UNPO offers the following ways forward for consideration by indigenous representatives and expert members.
1) Extend activities of the Working Group beyond Geneva;
2) Hold specific fora within Working Group sessions, in addition to the plenary;
3) Provide for the Monitoring of the sessions of the Working Group;
4) Enhance scope and capacity of the UN Voluntary Fund for Indigenous Peoples;
5) Develop a follow-up mechanism to review progress of the Working Group.
UNPO urges indigenous representatives to take the chairmans call for input into serious consideration and especially to recognise the importance of the direct input of indigenous representatives on this agenda item, both for the advancement of indigenous rights and in preparing the WG (in whatever form it takes) for the challenge ahead, in the larger context of UN reform.
Current Provision for Indigenous Peoples
On 30 June 2006, the HRC extended the mandate of the Sub-Commission on Human Rights and the WGIP for a period of one year. Over this time, the Sub-Commission should provide its vision and recommendations for future expert advice to the council, as well as a list of ongoing studies and review of activities.
The current UN system of representation for indigenous peoples consists of three key organs, the Permanent Forum for Indigenous Issues (PFII), the Special Rapporteur on Human Rights and Fundamental Freedoms of Indigenous Peoples (SR) and the Working Group on Indigenous Populations (WGIP).
Mandated by ECOSOC, the PFII deals with indigenous issues, but not necessarily from a human rights perspective. The SR, Rodolfo Stavenhagen, reports to the HRC on the human rights situations of Indigenous Peoples world-wide. He is authorised to make two investigative trips per year upon in.
The WGIP is currently mandated by the HRC to:
1) Review developments pertaining to the promotion and protection of human rights and fundamental freedoms of indigenous peoples;
2) Give attention to the evolution of international standards concerning indigenous rights.
Falling under the Sub-Commission on the Promotion and Protection of Human Rights, the WGIP is most eloquently described by Mr. Alfonso Martinez as part of a subsystem.
Within the context of the reforms to the HRC, indigenous representatives must now consider how we can improve upon this subsystem.
How could a future body best represent the human rights needs of indigenous peoples?
What structure could this body take?
These are vital questions which require the input of all indigenous representatives. We are at a moment where we can help determine the structure mandated to represent indigenous peoples.
The Experts Opinions
Mr. Alfonso Martinez elaborated on his vision for a future WG at the opening session. He points to the 55 different mandates and bodies that the HRC has to analyse over the next 12 months. Under OP6 of Res. 60/251, the HRC shall assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights.
He also emphasises that the PFII and the SR did not exist when the WGIP was created. Yet there remains a whole set of situations and problems that have not been focused on by the PFII or SR and which are on the general mandate of the HRC. These issues need to go through the HRC and not just the General Assembly, requiring a group of people specifically dealing with such topics.
Ms. Françoise Hampson first pointed to the successes of the WGIP. These include the Declaration on the Rights of Indigenous Peoples and the studies conducted by the Working Group. Regarding the future role of the WGIP, Hampson sees two particular functions.
1) To advise the HRC on new issues;
2) To elaborate a body of soft law.
The HRC will require advice on the implementation of the Declaration, on the rights of indigenous peoples, and on new issues e.g. environmental degradation & indigenous rights, urban environment, self determination, and indigenous rights & international borders.
Ms. Hampson identified the need to elaborate non-binding codes in international law, so called soft law. Such codes form a bridge between policy reports and legally binding rules, and are useful for monitoring purposes. The group involved in drafting these codes needs to be small enough to engage in drafting, and will need expertise on indigenous issues. Meetings would need to be open to as many as possible and not restricted by requirements for ECOSOC status. Drafting of such soft law codes also necessitates studies by human rights experts alongside indigenous peoples.
Suggestions for comment and consideration by UNPO
UNPO believes that the mandate for the promotion and protection of the rights of indigenous peoples will exist, regardless of the form or name it takes. Discussion of the goals and the structure of this body are inseparable. The question is how to structure this body to meet the HRC mandate and the requirements of indigenous peoples.
UNPO proposes the following for consideration and discussion by both indigenous representatives and the expert members.
1) Extend the Activities of the Working Group beyond Geneva
Pre-Working Group sessions should be held at regional level. This would ensure that delegates unable to attend in Geneva would still have their issues raised at the WG. The WG would thus reach a broader base of indigenous groups and become more democratic and more representative in nature;
2) Hold Special Fora within Working Group Sessions
Experts should chair parallel thematic/regional discussions to be presented at a final plenary of the WG session. This will enable indigenous representatives to effectively participate in issues of direct concern to them and will profit from the active involvement of the expert members;
3) Provide for the Monitoring of the sessions of the Working Group
Make available minutes of the plenaries/fora and speeches available to representatives on the same day. This will enable representatives and experts to better follow discussions whilst encouraging active and progressive dialogue by building upon the daily debate;
4) Enhance scope and capacities of the UN Voluntary Fund for Indigenous Peoples
The Voluntary Fund should include access to proposed regional sessions and offer funding to human rights initiatives amongst indigenous populations;
5) Develop a follow-up mechanism to review progress of the Working Group
To ensure the discussions of the WG are (as far as possible) put into practice, and that the WG be enabled to monitor progress on long-standing issues of concern to Indigenous Peoples.
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