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Permanent Forum on Indigenous Issues

Third Session

11th Meeting (AM)

ESTABLISHMENT OF RESPONSE MECHANISM FOR VIOLATIONS OF INDIGENOUS RIGHTS

AMONG CONCERNS, AS PERMANENT FORUM CONCLUDES HUMAN RIGHTS DISCUSSION

A mechanism providing for immediate reaction to reports of gross human rights violations against indigenous populations should be established as a matter of priority, agreed several members of the Permanent Forum on Indigenous Issues this morning, as the body concluded its consideration of human rights.

Opening today’s discussion by noting that human rights stood out among the Forum’s mandated areas for consideration, Chairperson Ole Henrik Magga said the Forum’s inability to respond effectively to the gravest of human rights violations directed against indigenous peoples constituted a particular frustration to the body’s work. To redress the situation, he suggested that a special response mechanism be erected, in conjunction with the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and the Office of the High Commissioner for Human Rights.

Both the Special Rapporteur and the Working Group on Indigenous Populations were mechanisms open to all and, in the event of specific concerns, indigenous people could approach either directly, noted Julian Burger, Coordinator of the Indigenous and Minorities Unit of the Office of the High Commissioner for Human Rights. He urged the Forum to encourage individuals and groups to make use of those mechanisms and to work with them to create a comprehensive programme for the promotion of indigenous rights. It was important that existing bodies maintained their current distinctive yet complementary status and that the Forum not be bureaucratizedand turned simply into a conduit for information.

Responsibility for communications with States on alleged violations of human rights of indigenous peoples fell within the mandate of Rodolfo Stavenhagen, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, who also acknowledged that the past year had witnessed an increase both in number and in substance of complaints received. In general, he had become aware of situations of conflict characterized by massacres and the forced displacement of indigenous people, as well as complaints of violence, murders, the harassment of indigenous advocates and grave shortcomings in justice systems.

In his report, he recommended a thorough review and reform of concerned judicial systems to include respect for the rights of indigenous peoples; the establishment of alternative justice systems; respect for indigenous languages and cultures; and participation of indigenous peoples in the reform process.

During the general discussion, several indigenous representatives reiterated the need to finalize the draft declaration on indigenous rights and to include therein full recognition for indigenous land and resource rights and free, prior and informed consent on development projects, and raised concerns related to specific situations of human rights abuses. Governmental delegates from Guatemala and Chile proffered lessons learned in their national experiences on combating discrimination against indigenous populations.

Also addressing the Forum this morning was Miguel Alfonso Martinez, Chairperson/Rapporteur of the Working Group on Indigenous Populations.

The Permanent Forum will meet again at 10 a.m. on Tuesday, 18 May, to begin its consideration of economic and social development.

Background

The Permanent Forum on Indigenous Issues met today to conclude its discussion of human rights. (For background information on the Forum’s third session, see Press Release HR/4741 of 4 May.)

Discussion

Opening this morning’s discussion, Forum Chairperson OLE HENRIK MAGGA said that one could not overlook that human rights stood out from the Forum’s other mandated areas. The United Nations human rights system provided the foundation for the Forum’s mandate. However, it was imperative that the basis of indigenous human rights be agreed in order to give focus to United Nations bodies as they mainstreamed indigenous issues into their activities. The lack of progress on the draft declaration on indigenous rights was, therefore, deeply troubling.

As at previous sessions, he encouraged governments and indigenous populations alike to do their utmost to achieve consensus and felt that areas of priority concern included recognition of indigenous peoples equal right to self-determination; recognition that indigenous peoples’ access to traditional land, waters and natural resources constituted the basis of their societies’ continued existence; and recognition that the legal pluralism involved in recognizing indigenous peoples’ customary law did not constitute a threat to States, but facilitated coexistence with dominant societies.

Moreover, free prior and informed consent was an important facet of self-determination, which incorporated all three principles. If consent was given, it would be done in accordance with traditional customary law.

A particularly frustrating issue, he added, was that the Permanent Forum had received several reports on the gravest of human rights violations directed against indigenous peoples, but, in most cases, it had been unable to respond, both due to lack of resources and to the fact that no mechanism for action had yet been established. The sole exception had occurred regarding violation against the Pygmy people of the Democratic Republic of the Congo, whose situation had been drawn to the attention of, and acted on by, the Security Council. The Permanent Forum, as a matter of priority, should establish a structure enabling it to react immediately to reports of gross human rights violations against indigenous populations. That mechanism should be elaborated in close collaboration with the Special Rapporteur on indigenous peoples and the Office of the High Commissioner for Human Rights.

Drawing attention to the deteriorating situation in Nepal, a member of the Forum said that, 13 years after political reform had been effected, the country was heading towards armed conflict and political instability, instead of peace and development. As a result of the conflict, which had been mostly concentrated in majority indigenous areas, Nepal faced a human rights crisis. There were reports of widespread arbitrary arrests and detentions, illegal killings and rape, and the recruitment of child soldiers, among other violations of human rights, perpetrated both by government forces and communist insurgent groups.

The Special Rapporteurs on torture and the right to freedom of opinion and expression, as well as the Chairperson/Rapporteur of the Working Group on arbitrary detention, had reiterated concern over the situation. The Special Rapporteur on indigenous peoples was now called on to investigate the situation of human rights and fundamental freedoms of indigenous peoples in Nepal. Furthermore, the Permanent Forum should establish the recommended mechanism for effective response to such situations. It should also facilitate activities aimed at national reconciliation and organize a world summit in support of indigenous peoples, to give input to the Secretary-General on the impact of armed conflict on women and children and the role of women in reconciliation and peace-building, among other issues.

Another Forum member recalled that the Forum had repeatedly expressed concern about the atrocities committed against indigenous peoples in Colombia and called for the timely adoption of measures by the Forum in that regard.

RODOLFO STAVENHAGEN, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, said the lack of progress in adopting the universal declaration on the rights of indigenous peoples, and its related regional agreement in the inter-American forum, was disappointing. The balance sheet of achievements during the International Decade for Indigenous Peoples showed only modest progress. Thus, he supported the declaration of a second International Decade to give greater dynamism and to consolidate the achievements already made.

Justice and indigenous peoples had been the focus of his most recent report, he noted, which had allowed him to undertake an analysis of the difficulties faced by indigenous women when they sought judicial redress. While some countries had made progress, indigenous peoples continued to confront discrimination and obstacles in the justice system of others. That was due to continued racism, as well as to the lack of attention given to linguistic and cultural imperatives for indigenous peoples. In the past year, many complaints of grave shortcomings in justice systems –- of physical and psychological abuse -– had been received. Those were often worse in the case of women.

In response, the thorough review and reform of concerned judicial systems had been recommended to governments. That reform process should include respect for the rights of indigenous peoples; the establishment of alternative justice systems; respect for indigenous languages and cultures; as well as the participation of indigenous peoples in the reform process. It was also recommended that governments conduct independent investigations of alleged abuses by security forces.

Regarding alleged violations of human rights of indigenous peoples, responsibility for which also fell within his mandate, the past year had witnessed an increase both in number and in the substance of complaints received by the Special Rapporteur, he said. In general, he had become aware of situations of conflict characterized by massacres and the forced displacement of indigenous people, as well as complaints of violence, murders and the harassment of indigenous advocates. His activities had also included country visits to Mexico and Chile in 2003 and to Colombia in March 2004. In Mexico, he had been witness to the continued fragility of the human rights of indigenous populations, including with regard to agricultural situation and the administration of justice. Discrimination against indigenous populations could also be seen in their low level of socio-economic development.

A thorough review of the administration of justice and the development of economic and social policy had been recommended to the Government, as well as a reform of the 2001 Constitution to meet the needs of indigenous peoples. In Chile, the indigenous population remained sidelined in public life as a result of the long history of socio-economic exclusion and discrimination. There had yet to be any constitutional reform regarding indigenous priorities, nor had relevant International Labour Organization (ILO) instruments committing the country to indigenous rights been ratified. The recovery of usurped land remained one of the most urgent issues for indigenous populations in that country.

Responding to the report of the Special Rapporteur on indigenous peoples, members of the Forum asked him to address, in his future work, issues including the psychological, moral and social impact of armed conflict on indigenous women and children; the special fragility of very small indigenous communities, which faced de facto ethnic genocide due to the difficulties they faced in the maintenance of their culture; and specific initiatives to follow up the recommendations made in the context of country visits.

On the establishment of a second International Decade for Indigenous Peoples, the Special Rapporteur was asked about his participation in the Economic and Social Council’s systematic review of activities undertaken in the context of the First Decade. Specifically, would he make an official recommendation for a second International Decade? He was also asked to elaborate his views on the Commission on Human Rights’ responsibility to deal fundamentally with indigenous rights as human rights.

In other comments, Forum members said States must undertake legal and constitutional reform to recognize indigenous identity as a part of State identity. Support for the Chairperson’s proposals to establish a mechanism to deal with complaints and violations of human rights in an effective manner and to give renewed impetus to agreement on the draft document on indigenous rights was also voiced.

Responding, Mr. STAVENHAGEN said it would be possible to focus on a number of the issues raised by Forum members during his forthcoming meeting with them, particularly regarding follow-up to country-specific recommendations. Regarding the declaration of a second International Decade for Indigenous Peoples, he said he was limited by his mandate –- which did not specifically permit him to participate in the review process of United Nations mechanisms. However, he would do all he could, including within the context of the Commission on Human Rights, to support that initiative.

JULIAN BURGER, Coordinator of the Indigenous and Minorities Unit of the Office of the High Commissioner for Human Rights, noted that the Economic and Social Council had requested information of the Forum members and Member States, within the context of its review of the International Decade for Indigenous Peoples, and said that the body’s increased participation, and its encouragement for States and indigenous groups to submit further information about the Decade, would be appreciated.

Last year, the Permanent Forum had recommended the establishment of a second International Decade, but the Council had postponed making a decision in that regard until it had time to conduct a thorough review of activities undertaken within the first. Therefore, it would be important for the Forum to submit a lot of information on such activities and to make proposals for future activities and goals for the proposed second International Decade, so that the Council could make an informed decision.

Regarding cooperation between the Permanent Forum and the Working Group on Indigenous Populations and the Special Rapporteur on Indigenous Peoples, he noted that support should be given to both in context of the themes adopted by them for their future work. The Special Rapporteur had chosen indigenous peoples and education as the theme of his next report, while the Working Group would dedicate its July session to consideration of conflict and conflict resolution. The Working Group would also be undertaking activities in regard of standard setting, including for the elaboration of a draft document on free prior and informed consent and for possible follow-up to and implementation of draft principles and guidelines on the heritage of indigenous peoples, drafted by Forum member Erica-Irene Daes a number of years ago.

Finally, he wished to note that while strengthening cooperation among United Nations human rights mechanisms related to indigenous peoples was commendable, it was important that existing bodies maintained their current distinctive yet complementary status. While it was normal for the Permanent Forum to serve as a clearinghouse for indigenous issues, it had become a place where some indigenous peoples raised concerns about specific situations and requested action to be taken. However, it was essential that the Forum not be bureaucratized and used as a simple conduit for information. Both the Special Rapporteur and the Working Group on indigenous peoples were mechanisms open to all. In the event of specific concerns, indigenous people could approach either directly. The Permanent Forum should encourage individuals and groups to make use of those mechanisms and work together with them to create a comprehensive programme for the promotion of indigenous rights.

A representative of the Inuit Council said the Canadian Government had cut funding for indigenous women because they had objected to a draft law, which stressed that the Government must recognize the right of indigenous peoples to their own opinions. In the fight for women’s right, she said tribal leaders lacked power and resources, and their legitimacy was constantly in question. Non-indigenous governments perceived the demands of indigenous women to be infected with western feminism, and considered them illegitimate.

Several speakers stressed that military forces must respect indigenous rights, especially those of women, that an end be put to hydrocarbon-emitting activities in indigenous territories; that the World Bank convene a legal round table on indigenous peoples and international law; that developers respect the principles of free, prior and informed consent with respect to development projects; and that indigenous land and resource rights be recognized prior to development on their territories.

A representative of the International Indigenous Youth Caucus recommended increased opportunities for youth to address their human rights in the Forum; financial support for an additional youth position on the Forum; that States adopt the draft declaration on indigenous rights, and that those standards be applied to land and self-determination; that United Nations agencies establish culturally relevant programmes to keep indigenous youth out of prison; and that mothers be allowed to maintain contact with their children through prison sentences.

MIGUEL ALFONSO MARTINEZ, Chairperson of the Working Group on Indigenous Populations, noted that the Group had enjoyed an extremely fruitful session this year. It had settled several questions, including those on the relationship of indigenous peoples with corporations and banks. He stressed the importance of follow-up in standard-setting to ensure the utmost protection of indigenous heritage, as well as obtaining indigenous consent for any activity that could affect their traditional and human rights. The Group had also examined how cooperation between indigenous peoples and United Nations agencies could be increased.

Several national representatives also spoke, sharing their experiences and outlining programmes and policies directed at indigenous peoples. Chile’s delegate said his country was now implementing measures and legislation aimed at recognizing and protecting indigenous rights. Noting that some policies had borne fruit, he said 1,000 indigenous organizations were now recognized in the country, and that thousands of hectares of land had been restored to them, benefiting some 2,000 families.

A representative of the United States said her Government had adopted policies on tribal status and self-determination, and had developed working relationships with 560 tribal governments. She stressed that political systems must be open to indigenous peoples, and that they must have control over their own affairs. She hoped the draft declaration on indigenous rights would be adopted soon, and urged the Working Group to arrive at consensus by basing their work on international principles.

Guatemala’s representative stressed the importance of compensation and justice for indigenous women and children in areas of armed conflict; supporting the participation of women in international conferences and adopting international treaties relating to indigenous women; addressing the issues of indigenous women and poverty; establishing communications policies based on human rights; and the Rapporteur paying special attention to violence against women.

Source: UN