Yozo Yokota, Japan expert

I would like to make a few comments on your paper. I wish to congratulate you the author of the working paper for producing this well extracted, extensive and excellent document with analysis on all of the points. It was a pleasure to read through your working paper that was intellectually stimulating. I agree with the author that the topic should include conflict resolution but also conflict prevention. I support the papers conclusion in paragraph 101 to be included in next years agenda to be worded as conflict prevention and resolution. I would like to support your position. Sometimes conflict is determined narrowly but you prefer to take a broader approach to include disagreement. If you include and we can solve the problem then you can prevent conflict when you broaden that definition. On pages 9 – 11, Recognition/Theory Rights and Contradictory of Treaties. I am of the same view that treaties agreements concluded between states and Indigenous peoples must be respected and implemented as legally binding documents. The paper is not clear. The paper is not clear if it considers such treaties as treaties under international law as under Vienna Convention on Treaties 1969. My question is also whether the author of the paper is thinking of the registration and publication procedures under Article 102 of the UN or if the author is thinking of something else or if it is sui generis treaties or if it should be considered as treaties under international law. I have a fourth point on pages 11 – 12, this section analyzes development projects by non Indigenous peoples affecting lands. Here again, I agree with the analysis and conclusion. The World Bank has developed a policy relating to development projects which will adversely affect the Indigenous peoples concerned. Although it is not always the ideal, the guidelines or policies would be the model or not. The content should be more deeply analyzed. We should make concrete proposals so they would not be adversely affecting Indigenous peoples and their communities. The last point is mechanisms for conflict prevention and conflict resolution . We find another way to solve disputes between states and non-states. That is arbitration. Each body could appoint an arbitrator that would select a third one. The three would read and deliver an award that would be binding. This procedure is done with disputes. It is worth exploring including Indigenous peoples. I agree with all of the recommendations at the end of the paper.

Trisha Riedy, United Nations Institute for Training and Research (UNITAR)

Since 1993 for all people and since 2000, it was created for Indigenous peoples. They identified conflict resolution for assistance. SR also thought it would be useful for resolution of conflict. Advance analysis takes place. The main objective is to strengthen the ability to analyze conflict and based upon dialogue with partners to address conflict in a constructive manner. Indigenous representatives are equipped to deal with negotiation. After identifying conflict, two are examined. The rights based approach and an interest based or problem solving approach they see to examine the root causes of the conflict. Case studies from different regions and inclusive models are presented. Indigenous peoples are applying at the local level. As a result of the training and the subsequent analysis, he established the Committee on Peace and Conflict Resolution. A South African was selected to participate in the government and has served as a sub-regional participant. A member from the Pacific applied the skills immediately afterward in New York. She engaged the diplomatic representative and also the Ambassador of her country. Experts include PFII members, SR and other members. The training is conducted annually. A regional training program is conducted in different parts of the year. Indigenous women compose 40 percent. Also, UNITAR coordinated UN PFII. Each innovation and contribution helps demonstrate that constructive engagement are taking place and mutually beneficial solutions are possible.

Hati Ponika, Tuhoe Nation

I would like to read out my statement in English. I stand before you with all my people that have gone before me and I acknowledge my ancestors that have allowed me to be here today. I also honor your ancestors. Thanks to Geneva and the peoples my thanks also the HCHR. I wish to address the main theme on Indigenous peoples and conflict resolution. I want to give you a small glimpse about our traditional Maori society used indigenous forms. When cultural values were transgressed Maori lived by a set of cultural values. It guided all of our decisions and actions . We call the values Tika (right proper true culturally correct). It allowed our community to maintain integrity to have balance and honor in a pre-European society. According to customary law, these resolution methods. Collective rights and responsibilities supercede individual rights. It is the community’s responsibility to sustain cultural values. Everyone has a responsibility to maintain cultural values because values belong to the whole group. Resolving conflict within our group we can regain the integrity of all people (mana). The individuals work together through the issues at hand. It is vital to not only look at the facts but also what effect the issue had on everyone else. It was widely accepted by society. The customs and laws of the colonizer have overtaken our customs. These are at odds with our processes that are right and fair. The colonizer in New Zealand have imposed measures where the courts consistent with Westminster system instead of our cultural values. Maori communities are disempowered.

Leithanthem Umakanta Meitei, Threatened Indigenous Peoples Society (TIPS)

Manipur is a land in the North - Eastern region of the Indian Sub-Continent having a history and tradition of her own spanning over 2 000 years. Manipur was a sovereign and princely state before its forced annexation into the Republic of Indian Union in the year 1949 October 15. the day which has been mourned as a "BLACK DAY" ever since. Racially and culturally the Manipuries are strikingly opposed to the people of the mainland India.

While the Indians are of Aryan stock, we are Mongoloids. The Indian language are of Indo-European family while our language belongs to the Tibeto-Burman family. Contrary to that of the mainland India, our food habit. dress, custom and behavior are very akin to those people living in the South- East Asian Countries like Thailand, Indonisia, Mayanmar, Korea, etc. Historically, Manipur had never been a part of India before its merger much against the will and mandate of the native people.

As a result of the Indian Colonization we have suffered a gradual extermination and deterioration of our history , tradition , culture and faith. Having lost our sovereignty we are now indigenous people in our own land (We are taking asylum in our own Motherland) facing the overflowing onslaught of the Colonial dominant group. Our struggle to resurrect and retain the continuity of our tradition and history of our own native land and people which took birth at the very moment of its annexation into the Indian Colonial empire, has suffered tremendous repression and suppression .Armed- Conflict between the struggling Indigenous people and the dominant exploiters is an automatic outcome in such a situation. As we struggle for our survival and sovereignty, the colonial rulers tighten their grip more and more squeezing our very existence on the face of the earth.

Insurgency, as we know ,is a movement of the people against exploitation .occupation and injustice in which the armed .volunteers are very few in number and less trained or untrained as compared to the enormous military and paramilitary forces of the colonial authority. As a result, the innocent people are always at the receiving ends.

The Colonial forces always tend to abuse and outrage every single provision of the national and the International law which protect and promote our fundamental Human Rights. The Colonial agents count every single individual of the suppressed but revolting Indigenous group as a member of the insurgency movement. Therefore the counter insurgency repressive measures are not focalized only to the armed volunteers of the movement. Every single individual of the struggling Indigenous group becomes the soft and sure target of the Colonial wrath. Armed Conflict zone is naturally an area where violation of Human Rights is at its superlative degree. It is an area where draconian laws are churned out every now and then from Colonial machineries and the governance of the people is militarized. In Manipur today Custodial death, Extra Judicial Killings, Fake encounters, Rape, Molestation and Genocide by the Armed Personnel are so common daily occurrences that local dailies appear fake without these headlines. I on behalf of our people would like to draw the concern and attention of the International bodies to this burning conflict in our region. Down with Colonial Rulers.

Soren Dhuni, World Anbasi Council

We are all fully aware of the problems faced by the indigenous peoples all over the world in relation to health, education, culture and language, environment, economic and social development and human rights - in particular in certain north-eastern states of India and neighbouring countries who have been struggling for survival and decent lifestyle and in fact there was the SANTAL HULL revolution in 1855 in the Santal Pargana district of old Bihar State in India. POSSIBLE PATHWAYS TO RESOLUTION OF THESE PROBLEMS 1. To bring about awareness of rights and privileges amongst indigenous people all over the world. 2. The government of the states and countries should be encouraged to take the responsibilities of providing clean drinking water, basic health care, sanitation, shelter and jobs to earn livelihoods and infrastructures. 3. To provide basic education in all villages taught in mother tongue by people who speak their languages. 4. To have nursery facilities for all children under 5 years old to enable their parents to go out to work for their living. 5. To provide ante-natal, perinatal and post-natal care to all pregnant women to reduce maternal death and infant mortality. 6. To provide full immunization to all children and promote disease prevention measures. 7. To provide irrigation facilities to poor indigenous people and to encourage new fanning methods to increase yields. 8. To restore their traditional way of life and community administration which is based on democratic principles. 9. To promote leadership qualities, skills and empowerment so that they can stand up for their rights. 10. To help them to establish co-operatives to generate financial independence. 11. Empowerment of women and their equal rights with men. 12. To encourage better higher education and leadership skills to enable them to run then- local and higher administration. 13. International organizations and funding agencies should have an effective monitoring system to sustain progress and the effective use of resources.

Shermatara Kamila, Public Organization Kumandin Peoples (ISOTOK)

We are part of the Indigenous peoples of Siberia. I would like to thank the Voluntary Fund which my participation is possible. Conflict is tension or stress in a social setting. If we distinguish between two versions. In this context, conflict arise from competition over resources. The second problem is problems between Indigenous peoples and those outside. The tension that we have been describing. Interethnic issues are not difficult. There are resource issues. The collapse of the economic situation in Russia and uncertainty about the future and aggressiveness, we have universal human requirements. The federal laws of the Russian federation talk about all of this but it is not implemented in practice. There are some conflicts that are arising. The second problem is the problem is with Indigenous peoples and non-Indigenous peoples. It is quite peaceful. There is no real reason for conflicts. As I have said, the factors of social tension are the same throughout the entire. In solving the indigenous peoples problems, we need to see how the problems are solved with have repercussions to achieve prosperity and assuring the ethnic identity of each group. It is important to be balanced. All nationalism and extremism must be stopped and there must be daily work to instill tolerance.

Brian Buchanan, Miami Tribe of Indiana

In nearly 60 years all of our land was stolen. In 1846, we were split into two groups. The US in 1897 decided to abregate our treaty. We have never accepted this decision. For us, the treaty is a sacred document of brotherhood and is beyond politics. Under applicable international law, we are a people with a territory and a government to enter into agreements with other peoples. US must recognize our sovereignty. We hope the U.S. will honor the rights of Indian people. It is a good nation. We call upon it to recognize our rights and restore recognition to us. We also ask the US to recognize the DDRIP. The Treaty of Greenville must be respected and grounded in a harmonious future.

Yolanda Teran, Consejo Nacional de Muejeres Indigenas del Ecuador

During this activity unexpectedly we discovered shame. In light of the consequences of this fight that gives rise to fights with rocks, hand to hand contact, we came up with a resolution for conflict. This was a controversial and tense event. Students went out to peacefully dance and for the first time shook hands after years of fighting showing reconciliation and peace. This was now repeated by different members of council. We are convinced if tension would be resolved in restoring our children’s values. And look at the culture. Given participation of schools, the dances are now done in peace without danger. Planting seeds of Peace.

Abelino Cesar Palacios, Comunidad Indigena del Pueblo Kolla Tinkunaku

An attempt was made to evict a company that wanted to build up a hotel complex or to establish a sugar cane plantation. Asking for a title for the community in attempt to leave the land to our children. Today we are engaged in a legal struggle. Not long after, pipe lines were being used without consultation. It was underlying our way of life. We started joining up with environmental organizations. We expressed our dissatisfaction with the project. We did not achieve any results. This situation with unemployment forced us to accept and agreement for a miniscule amount of money. In the first year of function it has exploded twice. Appeal should be appealed to states to right the injustices of indigenous peoples. Establishment of a subsidiary bodies.

Karim Abdian, Joint statement: Ahwaz Human Rights Association; Democratic Solidarity Party of Ahwaz; Indigenous Ahwazi Arabs for Freedom and Democracy

On behalf of between 4 to 5 million indigenous Ahwazi Arab people of Southwestern Iran, we want to thank you for the opportunity.

Indigenous AHWAZIS believe the exercise of the right of self-determination is the only reasonable way of resolving a potentially explosive conflict between it and the oppressive Iranian government. The hope and prospect of realizing this right, in our opinion, is the only way to prevent a violent conflict in Iran.

Since the annexation of Arabistan (al-Ahwaz) by the Iranian government in 1925, indigenous Ahwazi nation has not recognized, nor does it now, recognize the Iranian government as their legitimate representative. The successive regimes in Iran have deliberately kept us backward. While our land accounts for 80 of Iranian oils production, we do not share the riches of our land and half of our population live in absolute poverty. Notwithstanding, and despite all odds, indigenous Ahwazi Arabs still have faith in the international community's ability to be just, fair and hopefully intervene on its behalf.

Hopelessness, frustration and desperation of poor and unemployed indigenous Ahwazi youth have in the past provided the impetus in blowing up and destroying oil installations in their land. They perceived these installations as instrument of power that not only did not benefit them, but also polluted their air, contaminated their water and caused a disastrous ecology system. Moreover, they know that no attention is paid to them, and unfortunately, the world does not react unless and until conflicts breaks out.

Prior to its annexation by the Iranian government in 1925, al-Ahwaz used to be an autonomous territory inhabited entirely by indigenous Ahwazi Arab tribes. For the past 500 years, the region was called Arabistan by Persian rulers (signifying the territory's Arab character). The central government changed the territory's name to Khuzestan in 1936. Currently, Ahwaz, or Khuzestan, is a province that lies in southwest Iran, bordering Iraq, Kuwait and the Gulf.

The confiscation of indigenous Arab-owned land by the Iranian government has been an established policy since 1925. The confiscated lands are typically given to non-Arab settlers. In the past fifteen years alone, over 60,000 hectares of indigenous Ahwazi Farmers land have been forcefully taken over, or legally stolen from indigenous farmers and given to non-indigenous outside settlers and government trusted agents. This scheme is designed to break up and change the ethnic structure and racial mix of the province. The Islamic Republic government continues the forced resettlement policy of the previous government to force the indigenous Ahwazis-Arab population out of Khuzusistan by providing economic incentives and enticements to re-settle non- Arab population on the expropriated Arab farmlands. This policy is intended to dilute or de-populate the towns and villages of Khuzestan from indigenous Arabs.

Al-Ahwaz or Arabistan enjoyed fall autonomy and independence at various times in its history of 5,000 years. Arabic was taught and spoken as the official language.

After the emergence of Reza Shah and by enforcing centralization, he invaded Arabistan, overthrew the local administration, occupied and destroyed Arabistan's sovereignty, and subordinated the province to Iran, all against the wishes of its Arab inhabitants and without their involvement. The state adopted Farsi (Persian) official language, which is even now spoken by less man 40% of the total population. The government shut down the schools and banned Arabic education in the province where about 90 %, of the people were native Arabic speakers.

For the past 79 years, indigenous Ahwazis were put under political, cultural, social and economic subjugation by the past Iranian monarchist and the current clerical regimes. These regimes stripped ndigenous Arabs of Ahwaz from their human rights and lowered their status to the ranks of 2 and 3 class citizens. Thus, the Ahwazi nation endured one of the most brutal national persecution and ethnic cleansing.

The policies of the Islamic Republic, like its predecessor, are based on the elimination of the national identity of Ahwazi-Arabs, and to a lesser degree, other nationalities such as the Turks Kurds, Baluchis and Turkmen The aim is "Persianization" or "Farsization ", where everything must be Persian. This policy is based on a supremacist, and a chauvinist ideology, aimed at the elimination of non-Persian cultures, especially the indigenous Arabs.

Our people have been subjected to the eradication of our national identity, our culture, language, and customs- and faced with forced assimilation and imposition of Persian language and culture on an unprecedented level. Our children are being deprived from the use and study of their mother language and our people are being denied their social and political rights.

While our land produces over 4 million barrels of oil a day and to funds 90% of Iranian economy, indigenous Arabs live in abject poverty. No part of this oil- zero- has been allocated to our area or to our people. Again, a common practice between the previous monarchist and the current clerical regime.

Our demands for basic human rights, including education in our mother tongue, have often been labeled as "separatist", "secessionist" or called "stooges of foreign countries" or "danger to territorial integrity. Iran of today is nothing but a cultural and a linguistic apartheid where a dominant minority rules in every respect of life, political, social, cultural, economical etc.

According to the Human Rights Watch "Millions of Land mines remaining from the Iran-Iraq war in the province of Khuzestan, kills and maims indigenous inhabitants of Khuzestan in southwestern Iran every day". The Iranian government deliberately ignores the land-mine problem as it helps its policy of forcing indigenous Arabs off their homes and lands.

50% of the Ahwazi population suffers from absolute poverty and 80% of the children suffer from malnutrition.

While the illiteracy rate among the general non-Arab population in Iran is about 10-15%, this rate among Arab men in Khuzestan is over 60 and among Arab women is even higher.

Indigenous Ahwazi Arab students drop out of schools at 30 % during elementary, 50% during secondary and 70% during high school because they are forced to study a so called official language a language that is not their native. Not surprisingly, this is the outcome of an imposed single-language educational system in a multi-lingual, multinational/multicultural society. This policy has led to economic deprivation, political sidelining, and negation of cultural identity. Ahwazis cannot wear their national and ethnic dress and costume in official centers. They are a people ignored, they are non-official.

Seventeen years after the war with Iraq, the Arab-populated border cities destroyed during the Iran-Iraq war have largely been untouched. Because this is in line and serves the policy of assimilation and ethnic cleansing. The regime erected dams and diverted the waters of our rivers such Karun to non-Arab areas, and it is now planning to pipe and sell the waters of Karkhe river that passes through an entirely indigenous Ahwazi Arab area of Howizeh and Boustan, to Kuwait- and other Gulf countries- while Khuzestan severely suffers from shortage of drinking waters.

The regime does not permit any genuine Arabic newspapers and media in Khuzestan. Ahwazis are excluded from the seen in the mass media. Instead, we see a systematic campaign of hatreds and misrepresentation of indigenous Ahwazi Arabs in the media in Iran- again a common denominator of the previous and the current regime. Now, as in the previous regime, governor general of Khuzestan, all other province's political, military and security commanders and officers, mayors and all high and mid-level government officials of Khuzestan have consistently been appointed from non-Arabs outside of the native Arab population. This marginalization is more acute in a country that the state is the largest employer.

Often, the Iranian government authorities in Khuzestan refuse to register and issue birth identity cards to indigenous Arab newborn-babies, who do not assume Persian or Shiite names. Names of cities, towns, villages, rivers and other geographical landmarks were changed from Arabic to Persian during the previous Pahalavi regimes. These historical Arabic names existed for centuries. The regime refuses to consent to the Ahwazi Arabs' request to change the names of these landmarks back to their historical Arabic names. This regime, like the previous one in Iran, prevents any public mention of the Ahwazi Arab minority population. It has imposed a silence and a news blockade in the national and international media against the existence of Arabs in Iran.

Iranian government in the past 2 years has intensified its campaign of repression against indigenous Ahwazi Arab freedom fighters, human rights and political activists in Khuzestan (al-Ahwaz). It has executed many and imprisoned thousands of Arabs. In the last 18 months, it executed Fadhil Muqaddam, Rahim Sawari, Amir Sa'idi, Hashem Bawi and Abbas Sheihani. During the past 12 months, security forces arrested and imprisoned Mr. Kazem Mojadam, Ali Al-Chaldwai and hundreds of other prominent human rights activists.

The regime refuses to release thousands of indigenous Ahwazi Arab political prisoners. Many of these prisoners are being kept in prison for over 20 years. Some are ill, frail and over 70 years old. We submitted a list of these political prisoners in the Karun prison in Ahwaz to the UNHCHR. With global changes and revolution in telecommunications and emergence of satellite media, we see a tremendous rise in Ahwazi socio-political self-awareness. Accordingly, a greater demand for autonomy and self-determination. Leading and the directing this national awakening will depend upon the

treatments and the response of the dominant regime in Tehran to the legitimate demands of indigenous Ahwazi Arabs and other oppressed nationalities; and also, by the degree of sensitivity of the International community vis-a-vi, the struggles for the rights of self determination.

Despite the seemingly hopeless future that lies ahead of indigenous Ahwazi Arabs, we believe the right of self-determination provides a suitable means of conflict resolution. An overwhelming indigenous Ahwazis believes in non-violence and employment of civic means of struggle for the establishments of a civil society and strengthening the principles of democratic values. We will pursue peaceful resistance, as means and methods of realizing our goals.

Generally, the future of Iran as a modern and a progressive state, and a good member of the International community, could be guaranteed only through a voluntary association of all national groups constituting Iran; where they will have the opportunity to develop their respective cultures, languages, histories, economies and homelands, under an appropriate manifestation of severity, federal, confederate or an equally appropriate system of governance that guarantees and respects the rights of self determination.

We Ahwazi Arabs of al-Ahwaz or Khuzestan desire coexistence with all nationalities in Iran. We advocate a self-rule, autonomy and the right of self-determination that enables and facilitate democracy and social justice. We do not believe in the imposition of one dominant nationality at the expense of others.

In summary, specific demands of the indigenous Ahwazi Arabs of Iran are partially as follows: • Education and study in the mother tongue. • Participation and sharing of economic wealth and resources. • Allocation of some of oil revenues toward the development and progress in Khuzestan. • Expeditious de-mining of Arab inhabited border areas remaining from the eight year Iran-Iraq war. • Repair or rebuilding of Arab towns and villages in Khuzestan that were destroyed during the Iran-Iraq War. • Allow the Arab war refugees to return to their homes in Ahwaz, Abadan, Muhamara (khuramshare) and other cities. • Allow formation of civil society elements in Khuzestan such as labor unions, formation of Arab political and cultural centers. • We demand the return of lands or equitable compensation to Arab landowners whose property was forcefully expropriated by the Iranian government. • We demand safeguarding of the area ecology, and cleaning the drinking water poisoned by run-offs from the "Sugar Cane" project. We demand that the government must stop the proliferation of drugs among Arab youth and combating corruption. • Release all political prisoners.

Mr. Chairman, the loss of faith of our people in the international community's ability to be fair may drive our youth to desperation and hence to extremism. International community cannot and should not encourage and promote national chauvinism of a dominant nation or an ethnic group at the expense of others. It can not be expected of dominated and oppressed nationalities and ethnic group to keep quite.

We think the right of self-determination is basic human rights that all nations, including the Ahwazis, are entitled to, and it is the main ingredient to peace.

Contact: AHWAZ HUMAN RIGHTS ORGANIZATION Indigenous Ahwazi Arabs for Freedom and Democracy in Iran Democratic Solidarity Party of Ahwaz P.O. Box 287383 New York, New York www.ahwazstudies.org

Arnold Groh, Technical University of Berlin

With regard to this year's theme - "Indigenous Peoples and Conflict Resolution" - I would like to briefly mention some relevant aspects resulting from culture-related research. Conflicts that affect indigenous peoples are generally brought about by external parties with more effective resources in terms of weapons or political power. It is therefore quite certain that by being involved, the indigenous people are going to be victims of the conflict, anyway. But the effects of being exposed to dominance continue even under conditions of intervention aiming at conflict resolution and humanitarian aid. The ways these interventions are carried out are usually not very sensitive towards the indigenous cultures concerned. While focussing merely on the physical existence, industrial cultural elements are being transferred that replace and delete indigenous cultural elements. Thereby, the identity of those individuals struck by flight and distress is being further destabilized. Even when indigenous people can be saved from such a situation physically, they will be subject to sociocide; their culture will suffer irreversibly. Interventions concerning indigenous peoples, even when done with the best intentions, can accelerate the cultural loss. which comprises not only the loss of specific life-styles, but also the loss of valuable knowledge. Therefore, in order to counteract this loss that humankind is suffering, it is apparently necessary to acknowledge culture as a value per se. In practice, this means that culturally specific and sensitive implementation of intervention and aid are just as important as the prevention of conflicts.

Luzmila Amaya Curvelo, Akuaipa Waimakat Guajina

We are 300,000 people. We have our own language, form of justice and applying indigenous jurisdiction. There are still problems with the state justice systems. We are concerned about the injustices that persist. The high court of the country are called upon to set up indigenous judges nevertheless we are waiting to see this apply. Colombia does not establish necessary procedures between the state and indigenous peoples. Indigenous peoples are tried under republican judicial system. ILO Convention 169 has been incorporated into law. In November 2003, Waaru indigenous judges presented a draft protocol for agreement to have coordination between justice in the region with indigenous incorporation to include justice for the 300,000 people. The document contemplates aspects including action between state security bodies and the indigenous peoples. Indigenous judges suggest that current negotiations that invitation is provided for understanding so indigenous peoples can be heard and show true peaceful intentions of indigenous forms of justice.

Dominga Viño Gomez, Kichim Konojel/Maya Kiche

I represent the agro-tourist women’s movement. The dominant society has hardly accepted the peace agreement of 1996. We are finally starting to hear about identity. Indigenous women are attempting to make sure there is space.

Emmanual Nengo, UNIPROBA

Je m'appelle Emmanuel NENGO , membre de l'organisation UNIPROBA et je viens du Burundi dans les pays des Grands-Lacs de 1' Afrique centrale. En effet, les Batwa ont vécu depuis longtemps dans la foret ou ils vivaient paisiblement de la chasse et de la cueillette avant l'arrivée des peuples éleveurs et agriculteurs. Et voilà qu'avec leur arrivée la région n'est jamais stable ,elle est toujours en tourbillons des guerres ethniques et conflits armés entre les groupes rebelles et les forces gouvernementales. Quoi que les Batwa ne fassent partie des groupes en conflits , les conséquences les plus néfastes et meurtrières tombent sur eux ,notamment la participation forcée au combat du coté de l'un ou l'autre belligérant et meurent sur le champ de bataille, ils subissent également des massacres , les refuges et les déplacements intérieurs sans oublier les viols pour les filles et femmes ce qui engendrent la contamination au VIH/SIDA.Tous ceux-ci viennent s'ajouter aux grands problèmes qu'ils avaient auparavant à savoir :

•• La non reconnaissance de cette population par le gouvernement comme peuple autochtone, •• L'expulsion de la foret sans consultation ni indemnisation, •• Le servage de pas mal Batwa, •• La non participation des 8atwa au processus de paix d'Arusha, •• La discrimination, la marginalisation et la stigmatisation, •• La pauvreté extrême due au manque de terre et sans travail rémunérateur, •• Le manque de soins de santé •• Manque de logement décent •• Le manque d'éducation pour leurs enfants(plus de 99% sont analphabètes) •• Manque de représentativité dans les instances de prise de décisions •• Violations des droits économique , social et culturel •• etc

Voiciles recommandations à la communauté nationale, régionale et internationale : • rétablir les Batwa dans leurs droits comme Etre humain et assurer leur protection active et efficace pendant les confrontations entre les belligérants, • que la justice soit fait aux forfaitaires des tueries devenues monocourantes contre les Batwa et des viols pour les filles et les femmes, • octroyer des terres aux Batwa, • assurer la sécurité et la bonne gouvemance et la démocratie dans la sous-région, • l'éducation gratuite des enfants Batwa est vivement recommandée pour permettre l'émergence des intellectuels de ces communautés, • intégrer les Batwa dans les instances de prise de décisions et à d'autres secteurs de développement économique, social et culturel, • intégrer les Batwa dans le processus de négociation et de paix qui se font afin d' arriver à une paix durable, • pourvoir aux organisations autochtones des fonds nécessaires pour leur assurer un développement durable.

Je termine par signaler que l'écoute , la communication, et la compréhension mutuelle entre les organisations autochtones, non autochtones et les divers intervenants envers ces derniers pourront les amener à la résolution des conflits.

Contact: UNISSONS-NOUS POUR LA PROMOTION DES BATWA (UNIPROBA) Q.INSS , AV D'AOUT , N0 14 B.P 5207 MUTANGA 1 BUJUMBURA- BURUNDI Tél.00257927914 Fax.00257212325 Email.uniproba@yahoo. Fr

Françoise Hampson, WGIP Human rights Expert

I should like to thank you for your report. I have four suggestions. Disagreements of any kind such as criminal law should be solved in their own system for conflict. I think this should be included. Indigenous peoples and States. I was struck by paragraph 38 focusing on judicial domestication. It is nothing like a traditional interstate. There are two in play. The states seem to think they are dealing with a constitutional claim. At the first level, there is the HR of indigenous peoples. Then there are religious and national ethnic groups. These are constitutional. But Indigenous peoples rights are supra-constitutional. The claims are prior to the constitutional before the state. The case of fundamental Indigenous peoples rights is that Indigenous peoples have a right to veto. They are the only ones that accept constraints. Both in form and substance, they assume that the rights of Indigenous peoples are the same as individuals. States should not impose their own form of dispute settlement. They should reach an agreement as a form of dispute settlement. One should never underestimate HR law. They are individual rights and or the rights of minorities. The case law of the HR Committee illustrates the use that can be made for normal human rights provisions. Minority rights and also the rights of Indigenous peoples. Domestic proceedings looking at the Chagos islands in the High Court pointing out how they were forced from their home. They used the rule that are not limited to Indigenous peoples. It is satisfying when one can use state law or existing law to protect Indigenous peoples. If they can assist Indigenous peoples they should be incorporated.

Miguel Alfonso Martinez, WGIP Chairman

Basic problem in this endeavor in conflict prevention because of this tendency toward domestication. It is a matter of citizen rights. The state has a duty to find a solution to such conflicts among citizens. If we don’t start from the basis and that Indigenous peoples may have rights. We are not going to see how it is possible how CR mechanism will be solved. We are talking about two different approaches even non-Indigenous peoples. This has to be citizen rights not the rights of Indigenous peoples and then we are back with domestication and how the state says these are my citizens and it cant go above the laws created. This does reflect reality and finally as a policy. Effective ways of achieving conciliation and making a new relationship and more equitable relationship is not possible with the current ways dealing with the conflict. On what conceptual basis do we have to redo the way conflict resolution takes place. I do stress that the more effective internal mechanism, the less need there will be at the international level that two segments of the population may face. This is discussing these issues at the international level. At the conceptual level, it is easy. There is a refoundation of the basis. Anybody can paint a dove, but the problem is to put in the details. We see the logic but how to put it into practice. This opens up new prospects to look into the matter.

Pacifique Makumpa-Isumbisho, Centre d’accompagnement des autochtones pygmees et minorites vulnerables (CAMV)

Pygmy Indigenous people are the first inhabitants of the Democratic Republic of the Congo. Unfortunately, these Indigenous people are facing three types of conflicts: internal ones, external ones and armed ones.

On the internal level, there are family conflicts (among brothers, between brothers and sisters, between a mother and her children, among co-wives, charges of witchcraft), conflicts between two ethnic groups or between Pygmy Indigenous organizations... In all these cases. Indigenous Pygmies use traditional methods of conflict resolution that consist in using parental or customary authority to effect a mediation that should result in reconciliation.

Some internal conflicts were generally due to survival activities. In the case of conflict between Indigenous organizations, the implementation of the Network of Pygmy Indigenous Associations of the DR-CONGO, "RAPY", was found to be important in the harmonization of the points of view of the Pygmy Indigenous Organizations of the DR-CONGO. External conflicts or conflicts between Indigenous Pygmies and non-Indigenous peoples could be observed during economic transactions (barter transactions) which often were unfair towards Indigenous peoples.

These conflicts could be settled peacefully.

On the external level, we must also notice conflicts between Indigenous peoples and state bodies. It is true for Indigenous Pygmies from the eastern part of the country who are deprived of their ancestral lands, without any kind of allowance or compensation, in order to create national parks or protected areas.

Once more, Indigenous peoples use peaceful methods of conflict resolution, i.e., administrative and legal negotiations.

The worst kind of conflicts that have involved Pygmy Indigenous people is armed conflict. They were accused of belonging to the opposing party by involved forces, and besides, their children, even under age, were forcibly enlisted in the army forces.

Several were killed at the front, others are still missing. During the same armed conflicts, Pygmy Indigenous people undergo abuses and cruel, inhuman and degrading treatment: looting, mass murders, kidnappings, every kind of the worst violence such as cannibalism, disembowelment of pregnant women, etc.

As can be noticed, conflicts between Indigenous peoples have always involved verbal violence rather than instrumental. Indigenous people have also never use firearms.

Considering the above, we recommend that: 1.Indigenous peoples: - Keep on preserving their cultural pacifist values and to favour their traditional means of conflict resolution. - To get involved as much as possible in the pacification process of the DR of the Congo. 2.The Transitional Government of the Democratic Republic of the Congo: - Speed up the process of reunification and integration of the army; - Involve indigenous organizations in the process DDRRR; - Write studies and publish books about indigenous traditional ways of conflict resolution; - Start a serious investigation on every case of cruel treatment (sexual violence, anthropophagy) of indigenous peoples and to punish the perpetrators. 3.The United Nations: - Support further the political Transition in the DR of the Congo and to crack down on any kind of act which would infringe on or start to infringe on this process; - To support Indigenous peoples in their fight to get compensation as a great part of their ancestral lands becomes world heritage; - To support Indigenous organizations in their programs aiming at fighting ignorance towards Indigenous peoples.

Contact: PACIFIQUE MUKUMBA CENTRE D'ACCOMPAGNEMENT DES AUTOCHTONES PYGMEES ET MINORITAIRES VULNERABLES "CAMV"

Tel: 00250 08532121 Fax : 00250 538334

Tanekegn Chimdi, OROMO/IGFM

Although, the Oromo constitute the majority (50, more than 30 million) of the population in Ethiopia, their participation in political, economic life of the Ethiopian empire was undermined since the date of colonisation by the Abyssinian at the end of 19th century. From Finfinne to Addis Ababa The history of Finfinne (Addis Ababa) in a way reflects the way the Oromo people were conquered, robbed off their land and properties, reduced to serfs and slaves, and kept under inhuman subjugation. Prior to colonization of Oromia, the present day Addis Ababa had an Oromo name - Finfinne. The name attests the abundance of hot springs ("hora" in Oromiffa) at the heart of the city, where cattle flourished. The area was solely inhabited by Oromo clans ofGulale, Eekka, Galan, Abbichu and was divided into 12 counties or districts: Each county was being administered by the local clan chiefs: like Tufa Mima and Dula Harra'and others., Jima Jatani, Guto Wasarbi, Jima Tikse t, Abeebe Tufa, Waree Golole, Tufa Araddo and Mojo Boxora. During the late 18th and early 19th Century, the neighbouring Amhara community were wedging incessant predatory raids and looting expeditions against these people. Some of these barbaric raids were documented by Major W. C. Harris a British diplomatic mission in his book "The Highlands ofAethiopia (1844)". In one of his vivid description he wrote "...rolling on like the mighty waves of the ocean, down poured the Amhara host among the rich glades and rural hamlets, at the heels of the flying inhabitants—tramping under foot the fields of the ripening corn, and sweeping before them the vast herds of cattle which grazed untended in every direction. When far beyond the range of vision, their destructive progress was still marked by the red flames that burst forth in turn from the thatched roofs of each village... they poured impetuously down the steep side of the mountain, and swept across the level .. .the troops, animated by the presence of the monarch, now performed their bloody work with a sharp and unsparing knife—firing village after village until the air was dark with their smoke mingled with the dust raised by the impetuous rush of man and horse." "The unfortunate inhabitants, taken by surprise, had barely time but to abandon their property, and fly [flee] for their lives....The spear of the warrior searched every bush for the hunted foe. Women and girls were torn from their hiding to be hurried into helpless captivity Old men and young were indiscriminately slain and mutilated among the fields and groves: flocks and herds were driven off in triumph, and house after house was sacked and consigned to the flames Such acts continued albeit at differing degrees by all the successive leaders of that country against the indigenous people that fell under their barbaric rule. Haile Melekot, Menilik, and then Haile Sellassie all perpetrated these similar inhuman deed against Oromo people in Finfine. The remaining part of Oromia came under Abyssinian colonial subjugation through similar barbaric acts of pillaging and butchery. Millions ofOromos were killed, brutally mutilated or sold as slaves during the wars of conquest. Oromo land was apportioned among royal family, the church and the military personnel and the Oromos were forced to serve them as serfs on their own land. At the height ofHaileselassie regime, the royal family and the nobility owned over 50 of Oromo land and 33 belonged to the Ethiopian Orthodox church. After the 1960s, Finfinne went through changes of migration that brought about the population explosion from 40,000 in 1900, to over 3 million at the end of the century. Today Finfinne (Addis Ababa) is a headquarters of many international organizations like African Unity (AU) and ECA; and different agencies like UNDP, UNICEF, UNHCR, FAO, ILF, ICO and ITU . It also hosts some 70 embassies and consular representatives. It is the main administrative, industrial and trade centre , In addition, the city is the centre of the nation's service and finance sectors.. Nevertheless, the city expanded through forced displacement and eviction of indigenous Oromo farmers without compensation. Most were resettled in remote areas infested with Malaria and other infectious diseases. Deforestation, air pollution and particularly of water from poor waste disposal system and disease and destruction of the cultural and religious relics oforomo people.are the reward these indigenous people in Finfine got from the growth of the City. The indigenous Oromo people attach a special significance to Finfinne, it is the heart land of Oromia where most of cultural sites for the major Gada gathering from all over Oromia take place: OdaNabe, In due recognition all these, the constitutional grants special rights to the people of Oromia, but the current repressive EPRDF regime more so aggravated life of the indigenous people through systematic decimation and uprooting of the indigenous from its place of abode in Finfine. The EPRDF and Finfinne After the fall of the Military regime in May 1991, a new constitution that was based on the respect of the rights of nations and nationalities to self-determination, and regional autonomy and decentralisation based on linguistic and territorial settlement was drafted. Above all the special right of the Oromo people and Oromia over Finfinne was ascertained and its boundaries delimited. However in 2000, the EPRDF passed unconstitutional resolution to move the capital city of Oromia from Addis Ababa to Adama. The resolution was unanimously opposed by the Oromo people from all comers of Oromia and all walks of life. Current developments and consequences Following this move, a peaceful demonstration was organised by the Macca and Tullam self help Association. The association declared openly the move as illegal and unconstitutional, because it opposes the federal constitution which recognizes Finfinne as the Capital city of Oromia. The brutality of the police that day, characterized the genetic code of EPRDF government against the indigenous peoples. Peaceful demonstrators were rounded up at different outposts of the city and beaten up severely by government security forces. Many, including elderly and women demonstrators were detained and humiliated. Consequent to this, five hundred University students were rounded up by police and were jailed in Kolfe- in police training camp. They were physically and psychologically tortured and 360 Oromo students were expelled from the University without any explanation. The protest against suspension of the university students and the change of the capital city was followed by widespread unrest all over Oromia mainly in the Universities and high schools for more than two months. Untold property and life were lost in the process. Most schools in Oromia were closed and were converted in to detention centres. Thousands of students and teachers even parents were put under arrest. Students were killed in towns like Ambo, Ginchi and Tukur Inchinni, Gimbi, Nakemte, Bushoftu and Maqi. Several hundreds were kidnapped and their where about still unknown. To further aggravate the situation of Oromo people in the Empire the only self-help association which was established in all respect of the constitution and laws of the country, the Macca and Tullama Association was banned , its leaders imprisoned and all its belongings were confiscated by the Government Police. The Macha and Tulama Association (MTA) is a civic organization established to promote socio-economic development in Oromia. It is not even a political organisation poised for election, but yet did not escape the heavy and harsh hand of EPRDF police. To further add insult to the injury a religious organisations of Oromo's -The Waqeffatta Association ( Monotheist religion similar mainly to Christianity and Islam) was banned and closed. This is also completely unconstitutional and illegal in that the state and religions are separate according to the constitution. As I am reporting this gross human right violation I have just received a report that some of the University students who escaped expulsion were barred from graduation after completion of their studies by force ofMeles Zenawi. This is just naked apartheid. Conclusions and recommendations Successive Ethiopian governments have attempted to completely eradicate the existence and the identity of the Oromo people and other southern nations and nationalities. Particularly indigenous Oromo's living in the surroundings of Finfinne has suffered the most and was made landless consequently forced for resettlement in a hostile environments. Gross abuses of human rights are common place on Oromo's in and around Finfine for they are the natural owners of the country from the time immemorial. The brutal activity of the rulers who all come from the north have aggravated and reached a level where human right abuses are a daily ordeal of the Oromo community in general. If these inhuman activity of the Government of Ethiopia is not averted in time, it could lead to a kind of genocide seen in parts of Africa like Darfur or Rwanda. Genocide of similar nature has already taken place in western parts of Ethiopia against the people of Gambella and Anuak as witnessed by the world community. I request the world community to stand in unison against such repressive regimes and uphold the right of the indigenous people who in most the case are defenceless and have little means to protect their right to exist because of indomitable greediness prevalent in some settler communities. I call upon the WGIP and Sub-commission to pressure the Ethiopian government to stop - Uprooting and eviction of Oromo farmers from the vicinity of Finfinne should be stopped. (Article 17 UDHR, Article 25 UDHR) - Forced removal of the capital city Oromia from Finfinne (Addis Ababa) without the consent of the Oromo people should be stopped, (Article 17 UDHR) - the natural resources, political and economic rights of the indigenous Oromo people over Finfinne (Addis Ababa) should be respected, (Article 1 (2) ICCPR, ICESCR) - All cultural heritages and values of the Oromo people around Finfinne and other cities in Oromia should be protected, (Article 27 ICCPR) - the right to self-determination of the Oromo people should be implemented for the peaceful end of the conflict between the Oromo people and the Ethiopian government as per to article 39 of the Ethiopian constitution and the common article 1 of the ICCPR and the ICESCR.

Abdus Salam Azad, Amity for Peace Statement not available

Yvo Peeters, Rehoboth Community of Namibia

I am speaking on behalf of Namibia, a founding member of IPAAC. We welcome the paper it is bad thing that Indigenous peoples life consists of enduring conflicts over a number of fundamental issues. The Indigenous peoples of Namibia under guidance in 1989 have been denied self determination, land use prohibited, traditional institutions undermined. I would like to emphasize three modes of conflict. Not only religious customs is a source of conflict. Experience learns that acceptance of customary law is not sufficient. A framework is necessary. Language and also literacy and education is crucial to the core identity of Indigenous peoples. The mere recognition in a declaratory way such as written down serves absolutely no purpose. Finally, I would like to stress the most fundamental that Indigenous peoples might have with the state. This is the right to exist and be recognized as such. It is indeed impossible for conflict resolution if the other party does not exist to recognize a people. All other rights derive therefrom. The denial of existence is the primary conflict to be resolved.

Stella Tamang, South Asia Indigenous Women Forum

1. Conflict Resolution for indigenous peoples means survival. It means our rights to survive with our visions, values, culture, language, wisdom, knowledge and of course our physical existence with our right to self determination in our land. Survival for us mean peaceful coexistence with dignity, respect, justice and peace.

2. Conflict Resolution means changes to balance the imbalance. To have change in one place, it demands changes in so many places of the world. In the globalize world, where the small and underdeveloped countries are trapped and are under the remote control of big developed countries, resolving conflict depends on the clearly define responsibilities of the powerful countries otherwise conflicts are not going to be resolved.

3. Mr. Chair, there is alarming situation where indigenous peoples are killed and are dying, and disappearing. In the name of Anti terrorist act, there are cases of indigenous activists being accused of terrorist and are arrested and killed and anti terrorist campaigns are being used to justify the violation of the human rights and fundamental freedoms of indigenous peoples. The landslide deteriorating situation of human rights violation need to be addressed as urgent actions to be taken. Mr. Chairman, I cannot go back to my peoples and say that we are going to have a Seminar on Conflict Resolution and a body is going to formed and so on when our peoples are dying now and today. There is need for immediate urgent actions to be taken. National Human Rights Commission almost is in non existence stage.

4. The present ongoing armed conflict is not the choice of the women and it is not their decisions too but the worst pain bearer of the conflict is ultimately the women and the children. While entire communities suffer the consequences of armed conflict and terrorism, indigenous women and children specially the girls are particularly the worst victims of gender-based and sexual violence, rape, forced prostitution, trafficking and forced recruiting in armed forces. We have a terrible incident of rape case in Manipur recently. Such sexual violence must be taken as war crime and those perpetrators must be brought to justice.

5. Women are always depicted and described as mere casualties of war, weak, defenseless needing protection and crying for sympathy. Mr. Chair, in all the conflict areas around the world, women are not passive observers and are just the victims. They are very active. Women are the best mediators and negotiators and their way of working in a nonviolent and very informal activities lay the ground for the formal serious peace dialogues. The present conflict in Nepal has discovered the indigenous women as 1. Negotiators, 2. Mediators, 3. Peacemakers, In this, I would say with confidence that the indigenous traditional conflict resolution practices are the most effective one. But the indigenous conflict resolution practices and indigenous women are never included in formal peace dialogues or peace initiatives.

6. In South Asia, specially in Nepal, indigenous youth and children are now more and more recruited and are forced to hold guns. Hundreds of teen age children in schools are now trained to use gun. Youths are fleeing and are encouraged to go to the countries in Middle East, Europe to escape since armed conflict is centered in and around indigenous land.

Recommendations: • Form International Indigenous Peoples' Commission on Armed Conflict • Undertake an annual review of the implementation of resolution 1325 (2000) and report to the Security Council • Educated indigenous peoples including women and children on existing mechanisms within the UN • Support and strengthen Nonviolent Peace Initiatives of Women Peace Makers that exist at various levels • Condemn the sexual violence and the violation of the human rights of indigenous women and girls in situation of armed conflicts; take necessary measures to bring to an end such violation and bring the perpetrator to justice • Ensure full involvement of indigenous women in negotiation of peace dialogue and agreements at national and international level • Identify indigenous peoples customs and traditions and informal peace-building

*Estebancio Castro Piaz, Indian Treaty Council

The origins of conflicts between Indigenous peoples, states and third parties is due to denial of SD, identity, land and resources. It is a pleasure to congratulate you on your working paper. My organization values your conclusion in your document on urgent need. In the society we all live in, the denial of treaties have given rise to conflict as it denies rights. I would refer to your study on treaties presented in 1999 and the seminar held in December 2003. Treaties should be implemented in the spirit they were included. In actual fact the manipulation of treaties. Mr. Chair, the adoption of the UN DDRIP is something we highly recommend to end existing and future conflicts.

Kenneth van Bik, Chin Human Rights Organization

I am Kenneth Vanbik and I represent Chin Human Right Organization.

On the one hand, I agree with you that the root cause of conflict in many indigenous areas is due to the State's refusal to recognize the rights of indigenous peoples.

On the other hand, I have reservation on your paper paragraph 18(1 quote), "the colonization of indigenous territories also negatively affected indigenous peoples in many other ways. Indigenous populations severely diminished in number during the colonial period as a result of forced labour, warfare, malnutrition due to the destruction of the natural environment, diseases and even calculated extermination " (End quote),

The reason for my reservation is that today some States in Asia continues the practice of the colonisers, committing many atrocities against the indigenous peoples,as in Burma. For examples, forced relocations and cultural genocides have been deliberately executed by the military junta in Chin States. By cultural genocide, we mean incidents such as the denial of native language teaching in our own local schools as well as the declaration of Burmese as the only official language in our Chin communities. Religious oppressions have occurred in Chin States because the ruling Burmans are mostly Buddhists and the local Chin populations practice Christian religion. Pulling out many crosses and replaced them with pagodas in Chin hills is a reflection of such religious oppression and persecution. These kinds of atrocities inevitably lead to violent confrontation and armed conflict up until today.

Due to the above mentioned atrocities and human rights violations committed by Burma military regime, the United Nations Commission on Human Rights decided to nominate a Special Reporter on Burma in 1992 in order to monitor situation of human rights in Burma and submit his/her report to United Nations General Assembly and Commission on Human Rights. The resolution is extended every year and there is no exceptional in year 2004 because the human rights situation in Burma remains the same.

In 1994, the UN General Assembly passed a resolution to resolve the conflict in Burma. In that resolution, the UNGA strongly urged to have a tripartite dialogue among the major political players in Burma: indigenous leaders, democratic opposition led by the Noble Laureate Aung San Suu Kyi, and the military regime. In order to implement this resolution, the UN General Secretary appointed His Special Envoy to Burma in 1995. As of today, the effort of the Special Envoy has not eased the conflict in the country. Aung San Suu Kyi is still under house-arrest, and the military junta continued its own agenda against the will of the people of Burma as well as that of international community.

For an alternative means to resolve conflict in Burma, I strongly support for "the establishment an international body to adjudicate or advise on disputes between indigenous peoples living within the borders of a modem State and non-indigenous institutions, including State institutions" (Paragraph 77).

Liton Bom, Asia Indigenous Peoples Pact (AIPP)

Burmese army took over by military power. The armed conflict has been going on for five decades. The UN construed Burma crisis as human right. There are two million are refugees and also the drugs produced and the Burmese tried to develop a nuclear reactor. I would like to request this WGIP to make an urgent call that Burma crisis should be referred to the UN Security Council. Lastly, I support the chairperson idea to have an advisory international body to facilitate negotiations sooner than later.

Devasish Roy, Taungya

Since this Working Group came into being, indigenous peoples of the Chittagong Hill Tracts in Bangladesh have regularly spoken about the conflict that has enveloped our region for many decades. Yesterday, two of my colleagues spoke about the CHT Accord of 1997 and shared our concerns over non-implementation of many crucial provisions of the agreement. A just and meaningful peace has not returned to our lands; the military remain there despite provisions to the contrary in the Accord, and non-indigenous settlers continue to illegally and forcefully occupy our lands with the support of the government and the state military.

We have tried to take our case over non-implementation to many forums, within Bangladesh and outside, and have found, to our bitter experience, that there are no effective forums to help implement the Accord. We have found no "sticks" to induce implementation. We have also tried to see if we could help influence the flow of "carrots", by way of trade, aid and other trade and developmental benefits, to encourage and induce implementation. We have perhaps received some results this way, but very limited. We therefore feel that it is worthwhile to look not just at sticks, but at carrots, which go beyond just trade sanctions.

After the signing of the Accord, the government, with the help of bilateral and multilateral development-related institutions, has taken up some development projects and programmes. Where these were implemented with our free, prior and informed consent, they went some way in undoing some of the wrongs of the past. But other projects taken without our consent have done more harm than good to our peoples.

Therefore, narrowly-constructed developmental and "reconstructionist" packages can be insufficient to bring in lasting peace unless they address the core issues of indigenous identity, our juridical rights, land and territorial rights, and most importantly, multi-ethnic policing. The national police have failed to protect the lives and property of our peoples, and this is largely because it is composed solely of non- indigenous people as we have seen in the case of the Mahalchari incident of 26 August, 2003, referred to by my CHT colleagues yesterday. And this is contrary to the CHT Accord of 1997, which provides for multi-ethnic police force to be appointed by the indigenous majority hill district councils.

We have, therefore looked with interest at the analysis of existing conflict resolution mechanisms at national and international levels, and suggestions regarding future bodies, such as those contained in the paper submitted by Chairperson Martinez to this Working Group. We strongly support the proposal to make Conflict Resolution a regular agenda item of this Working Group, and also agree with the idea of holding seminars, under UN auspices, on "Conflict Resolution" and on "Treaties, Agreements and Other Constructive Arrangements". However, since a very large number of violent conflicts are happening in Asia, and concern intra-state peace and autonomy agreements, we feel that it is important to have a large focus on Asia, and a large focus on such intra-state political arrangements, that are somewhat different from treaties between states and indigenous peoples, such as in North America, that are more substantively matters of international law.

Lastly, learning from the experiences in the Chittagong Hill Tracts, nearby Northeast India and upper Burma, we stress on the importance of also encouraging mechanisms and processes to help negotiation processes. It is perhaps here that the good office of the UN Special Rappoerteur Stavenhagen could be utilized more extensively. Given his wide experience on conflicts involving indigenous peoples in different parts of the world, we would like to hope that he will be a strong part of a future process leading to the holding of the seminars proposed by Chairperson Martinez, and we would also like to hope that the wisdom and experience of Madame Erica Daez and Dr. Martinez Cobo would also be with us, including in forming more concrete proposals of future conflict resolution mechanisms at national and international levels.

Miguel Alfonzo Martinez, WGIP Chairman The invitations to participate in the technical seminar it is a question of the secretariat. It will be decided at the appropriate time to see know who will be participating and focus on specific areas that take place in many countries. These situations are similar and that is what we discuss.

Victoria Tauli –Corpuz, Joint Statement Tebtebba Foundation

I come from the Philippines where there is still armed conflict. There are independent communities that express desire to not have any armed groups either military or revolutionary movements involved in their community. I spoke about conflict resolution in 2001. There is a need to establish Indigenous Peoples Conflict Resolution Commission. It is quite inadequate. The role of Indigenous peoples was marginal. In order to create additional mechanisms that will be managed by Indigenous peoples the idea was brought up. The first meeting of the Commission will be a fact finding missions to Colombia. The situation of Indigenous peoples has worsened through the years. They have suffered and continue to suffer. The specific request was that if a commission was formed and that the first one. There is a national coordinating committee that Indigenous peoples in Colombia are establishing. You mentioned in your paper how traditional authorities are recognized and even under laws created by Indigenous peoples there is a national commission on indigenous peoples that is involved in traditional indigenous leaders. They create fake indigenous councils to support. We will see if successful or not. Many post conflict programs have been failures because the UN agencies are not central. It is experts that do post conflict work yet we think Indigenous peoples are the best experts especially if it includes them.

Joan Carling, Cordilla People’s Alliance

On behalf of the Cordillera Peoples Alliance, I would like to commend the substantial and quite comprehensive working paper prepared by the chairperson on Indigenous Peoples and Conflict Resolution. We are in agreement of his findings on the root causes of conflicts and to the recommendations in general terms.

I wish to inform the Working Group that indigenous peoples in the Philippines are confronted by multi-layered conflicts with historical roots of injustice and oppression. This situation was clearly demonstrated in the report of Dr. Rodolfo Stavenhagen, the Special Rapporteur on Human Rights and Fundamental Freedoms of Indigenous peoples in his mission to the Philippines in December 2002. As a follow-up to the visit of the Special Rapporteur, a national workshop on indigenes peoples and human rights was held in February this year, which was well attended by 120 representatives of indigenous peoples organizations all over the country, and support NGOs. Participants to this workshop came out with recommendations and a declaration on the promotion and protection of human rights and fundamental freedoms of indigenous peoples in the Philippines. Let me then draw the attention of the Working Group on the particular recommendations of the workshop pertaining to conflict resolution and peace building efforts:

1. We urge the parties to the ongoing peace negotiations between the Philippines government and the National Democratic Front and the New Peoples Army to adhere to the Comprehensive Agreement on Human Rights and International Humanitarian Law which they have both signed. The implementation of this important agreement will definitely set the human rights framework of conflict resolution and the achievement of social justice as key element for lasting peace, especially in indigenous territories ravaged by the ongoing armed conflict. Along this line, the inclusion of indigenous representatives in the negotiating panels is critical in ensuring the monitoring and compliance of both parties to the terms of the agreement which is of prime concern to indigenous peoples.

2. We call for a stop to development aggression and we demand the following: A. Withdrawal of the licenses and permits to foreign, local or government companies engaged in mining, pulp and paper operations, logging plantations, eco-zones which do not have FPIC or who got FPIC through fraudulent means.

B. We call on the World Bank to ensure that all its operations and policies are consistent with international human rights standards. We support the recommendation of the EIR eminent person, Emil Salim for a moratorium on the funding of the World Bank for extractive industries especially in areas of conflict and to respect the rights of indigenous peoples to free and prior, informed consent.

C. We urge the National Commission of Indigenous Peoples (NCIP) to seriously review the inconsistencies of national laws and executive orders on the recognition of the rights of indigenous peoples and push the government to make necessary revisions.

Mr. Chairperson, the above-mentioned recommendations are critical in the resolution of conflicts concerning indigenous peoples in the Philippines. We are submitting to the working group the proceedings of the national workshop on indigenous peoples and human rights for your consideration.

Finally, we urge the working group to support the recommendations of the Special Rapporteur Rodolfo Stavenhagen in his Philippine Mission Report and persuade the Philippines government to implement his recommendations.

Jimai Montiel, Fundacion Alitasia

Is there a model for conflict resolution, the people who have been acting in this process have been spokesman for Indigenous peoples. Now the problem exists because of colonial circumstances. Since we know the real situation, we know the judicial apparatus is not in any state. These are human rights recognized by Western societies. Conflict resolution for Indigenous peoples in Venezuela is based on awareness. We have never been able to come to a clear understanding. The indigenous perspective is not included. The fundamental right to have a different point of view is very important.

Miguel Alfonso Martinez, Chairman of the WGIP

The only article in the declaration that was in the DDRIP article 33. Here we are dealing with indigenous authorities and the system they have established. There is also the question of fulfilling the UDHR. Indigenous peoples were not able to contribute and then there was no participation of Indigenous peoples.

Shankar Limbu, Lawyer’s Association for Human Rights of Nepalese Indigenous Peoples Did not speak

John Sinclair, Government of Canada

Canada recognizes that the involvement of Indigenous peoples in conflict, and in the resolution of conflict, takes many forms throughout the world. The Working Group is to be commended for selecting this important, and very complex, issue for a thematic dialogue.

At the outset, Canada draws the attention of the Working Group to two valuable contributions to this theme made in other United Nations events. During the 48th Session of the UN Commission on the Status of Women, held in New York in March, 2004, the Secretariat of the United Nations Permanent Forum on Indigenous Issues organized a panel discussion titled "Participation of Indigenous Women in Conflict Prevention, Conflict Resolution and Post-Conflict Peace Building". A summary of this panel is available on the website of the Commission at: At the UN Expert Seminar on Treaties, Agreements and Other Constructive Arrangements Between States and Indigenous Populations, held in Geneva in December. 2003, Canada tabled documents outlining its perspective and a series of recommendations which speak to measures States can take to avert or resolve misunderstandings and conflict with indigenous people.

A copy of the recommendations tabled by Canada at the UN Expert Seminar on Treaties is attached to the document Canada is now tabling.

In the remaining time available, Mr. Chairman, I want to make the following comments, about both specific conflict resolution instruments, and. equally importantly, about activities that change the context or environment in ways that increase understanding between parties and create opportunities to prevent or resolve potential future conflict.

First, Canada's experience confirms the important role to be played by the domestic judicial system with respect to successful resolution of conflicts affecting indigenous peoples.

It may be the case that access to domestic judicial systems and having full standing in those systems is still beyond the reach of many indigenous peoples. For example, until the late 1950's. Registered Indians in Canada were essentially not permitted to hire lawyers to help them protect their rights and interests. That situation was rectified.

Now, in Canada, Aboriginal people enjoy access to the judicial system, as individual and collective plaintiffs. Accordingly, many Aboriginal individuals, communities and leaders are increasingly knowledgeable about the ability to seek judicial clarification of their treaty and aboriginal rights, which enjoy constitutional protection under Section 35 of the Canada Act, 1982. In fact. Aboriginal law has been one of the most dynamic areas of public law in Canada for the last 20 years.

In direct support of First Nations access to the judicial system, the Test Case Funding (TCF) program has been put in place. Over the past 20 years, it has funded 160 cases (including 47 cases at the Supreme Court of Canada) at a cost of approximately $20.5 million.

Second, the diversity of indigenous peoples, their unique realities and interests, suggests that non-judicial models of dispute resolution require a degree of flexibility if they are to be effective and respectful of indigenous diversity and needs. Canada supports a very large system of negotiations and consultations on treaties. other constructive arrangements, and critical issues of dispute, with significant institutional capacity for dispute resolution outside of the judicial process. Some examples include: negotiations for Specific Claims, and for Comprehensive Land Claims and Self-Government agreements; the establishment of treaty commissions; and legislation to establish First Nations institutional capacity for land management.

Third, efforts must also be made to create a more positive environment, in which agreements are negotiated and implemented, in which reconciliation and healing can occur, and in which prevention of conflict with indigenous peoples is a priority. In Canada, this sometimes requires highly public undertakings, such as commissions of inquiry, and statements of reconciliation or apology, often to address fundamental and long-standing grievances.

Other such measures include support for national and regional Aboriginal organizations that can act as advocates for aboriginal rights; targeted attempts at healing; training and capacity building in dispute resolution; and public education initiatives, including school- based programs and public opinion surveys, aimed at improving understanding between Aboriginal and non-Aboriginal Canadians on critical issues. Fourth, we have applied these ideas - resolution mechanisms and improving the context and capacity for resolution and prevention of conflict - to our support of various international initiatives.

Canada is committed to enhancing the effectiveness of the United Nations in preventing, resolving and responding to emerging or on-going conflicts, and advancing indigenous rights through fora at the United Nations and elsewhere.

In recent years Foreign Affairs Canada has provided funding to the United Nations Institute for Training and Research (UNITAR) for several projects to build indigenous capacity in negotiations, conflict prevention and resolution.

The Canadian International Development Agency also supports projects around the world, to promote human rights, democratization. good governance, peace building and conflict prevention, which either directly or indirectly address the issue of indigenous people and conflict resolution.

In closing. Mr. Chairman. Canada would make note of the potential importance of a Declaration on the Rights of Indigenous Peoples with respect to creating a new framework within which to understand and address issues of conflict resolution. Achievement of this important objective will require flexibility and compromise by all parties.

Document referred to in speech First theme: Presentation of the recommendations of the Final Report of the Study on treaties, agreements and other constructive arrangements between States and indigenous populations. Recommendations: • States should honour existing treaties, agreements and other constructive arrangements. • Recognizing that treaties, agreements, and other constructive arrangements are not international treaties in the sense of agreements between sovereign entities, such agreements should be addressed domestically. • States should undertake efforts to negotiate modem treaties, agreements or other constructive arrangements where indigenous rights have not been previously addressed. • States should proceed with such negotiations in part to promote better understandings between parties and contribute to reconciliation. Such reconciliation can help States and indigenous peoples work together to improve the quality of life for indigenous peoples and individuals. • States should make provision for dispute resolution outside of the judicial process. Examples of this within modem treaty-making could include: implementation agreements; treaty commissions; and new structures for resolving disputes. Such a set of initiatives, institutions and practices should also contain factors which work, either directly or indirectly, to both create a more positive environment in which treaties and other constructive arrangements are negotiated and implemented and to prevent the need for dispute resolution in the first place. • States should also ensure indigenous access to the judicial system. • All indigenous rights should apply to indigenous peoples worldwide. Processes such as the United Nations Working Group on the Draft Declaration on the Rights of Indigenous Peoples will help foster agreement on the scope and extent of indigenous rights. States, indigenous peoples and other parties should take an active role in efforts at the United Nations and elsewhere to establish internationally agreed rights of indigenous peoples. • States and indigenous peoples should consider, through fora such as the United Nations Working Group on the Draft Declaration on the Rights of Indigenous Peoples, provisions which provide for fair and equitable processes to recognize, determine, adjudicate or agree upon the rights or interests of indigenous peoples in relations to lands and resources to which they have a traditional connection. • States should also support such international standard setting processes in order to encourage the improvement of domestic laws, processes and policies while respecting national needs and circumstances. • Work should be undertaken to collect, share and disseminate information on "best practices" in relation to treaties, agreements and other constructive arrangements between States and indigenous peoples. We suggest that the Permanent Forum on Indigenous Issues is the most appropriate venue for such work.

Second theme: The situation of existing treaties, agreements and other constructive arrangements. Recommendations: • Treaties, agreements and other constructive arrangements should be used to set out the framework for new relationships which address rights to the use of lands and resources, and the exercise of governance and lawmaking powers. These processes continue to offer the best means for achieving reconciliation between the prior presence of indigenous peoples and the sovereignty of modern States. • Modern treaties should reflect the reality that indigenous peoples do not stand in opposition to, nor are they subjugated by, the sovereignty of modern States. Rather, they are part of such sovereignty. • States, along with indigenous peoples, should undertake public education activities on specific and broader treaty and indigenous issues. Ceremonial events to mark historic occasions and renew relationships should be held. Other means to promote understanding could include treaty commissions and similar bodies.

Third theme: The modern-day treaties, agreements and other constructive arrangements. Recommendations: • Analysis of existing state processes to resolve Aboriginal claims should be conducted and circulated widely to interested states, international bodies and indigenous organizations. This would enable States contemplating new or revised processes to learn from other States' experiences and best practices. • The existing text of the Draft Declaration on the Rights of Indigenous Peoples should include a reference to processes to resolve land and resource claims involving indigenous peoples and states. Suggested wording would be: States should provide fair and equitable processes to recognize, determine, adjudicate or agree upon the rights or interests of indigenous peoples in relation to lands and resources to which they have a traditional connection. • In establishing modern treaty-making processes, consideration should be given to the following features: • Treaty-making processes must have legitimacy with both indigenous and non- indigenous citizens. • Treaty-making processes need a domestic legal foundation which provides recognition of indigenous rights in a manner which is compatible with the legal and constitutional structures of the state. • Effective and sustained treaty-making will require that treaties focus on more than legal reconciliation of rights. Treaties must also establish the foundation for new political, social and economic relationships which will improve the social conditions of indigenous peoples. • The achievement of political support for treaties will require public education and the demonstration that treaties provide mutual benefit to indigenous and non- indigenous citizens. • Effective treaty processes require political commitment and mandating at the highest levels within the State. • Treaties establish ongoing relationships that require implementation planning, dispute resolution mechanisms and other ongoing mechanisms within the State to manage and sustain the treaty relationships. • Given the length of time it can take to negotiate new treaty relationships, treaty processes may need to incorporate mechanisms which provide for incremental approaches and which build capacity as negotiations proceed.

Fourth Theme: Implementation, monitoring and dispute resolution and prevention in relation to treaties, agreements and other constructive arrangements. Recommendations: • For modern treaties, agreements and other constructive arrangements, implementation plans, dispute resolution mechanisms, and fiscal arrangements should be developed in tandem with overall agreements. • Other measures should be considered by States to help resolve issues. These can include: • funding to enable indigenous people to bring lawsuits forward in domestic courts on specific cases which would help establish legal principles; • claims and other such negotiation processes which can provide an alternative to more costly litigation; and, • commissions and other bodies designed to bring together different parties, to promote dialogue, and to .foster common understandings. • Canada recommends that Article 36 of the Draft Declaration on the Rights of Indigenous Peoples be revised to: Indigenous peoples have the right to the recognition and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors, and to have States honour and respect such treaties, agreements and arrangements. Conflicts and disputes that cannot otherwise be settled may be submitted to competent domestic bodies. • As Canada has said before, however, indigenous peoples or individuals can exercise their existing or future rights of recourse to international tribunals which are competent to deal with internationally agreed rights and standards.

Mutimanwa Kapupu Diwa, LINAPYCO

In the Democratic Republic of Congo, armed conflicts have been targeting the Pygmy. They suffered humiliation due to the most heinous crimes against mankind. The Batwa have been victims and hard hit by criminals of all sorts. In Ituri, their physical integrity has been attacked even cannibalism. The conflicts which have given rise to the conversation have even further exacerbated the conflict facing the Indigenous peoples. Culturally the Batwa have a culture of peace but they have been used as a shelf. They are always looking for peaceful solution. Today, there are conflicts due to donations. There is the plundering of Indigenous peoples. There is expulsion in the area. DRC citizens made Indigenous peoples work as slaves. Associations have been studying the Congolese state. The goal of these procedures is to have a climate of cooperation. We ask the UN to recognize our rights and cultural authenticity as peace builders and to repair the war crimes in the DRC.

Wayma Lucho Limache Culipa, Sitajara de Perou

Suite au programme du gouvemement peruvien projet special Tacna (PET ) en 1980 qui provoque d'abord la desertification dans la region Aymara, et les difficultes que trouvent les communautes indigenes. En 2002, j'ai ete nomme officiellement representant de la Communaute Campesina Sitajara par : Ie president de la communaute et les autorites Au Perou, actuellement, coexistent deux types de civilisation : 1'occidentale et 1'originaire.

La culture indigene originaire a su developper une societe basee sur la structure sociale collective des ayllus, dans Pancien Tawantinsuyo. Les communautes andines (aymaras et quechuas, tres repandues de nos jours au Perou) n'ont aucun moyen pour preserver leur patrimoine, ni de structure destinee a 1'expression culturelle. Elles desirent, dans un premier temps, la creation d'un centre d'archives audiovisuelles aymara a Sitajara, puts envisagent de creer un autre centre similaire en region quechua. II est necessaire d'elaborer une reponse sociale adaptee, en application de la politique sur 1'expression culturelle locale et la communication proposee par l'UNESCO,en 2003.

Ces archives seront constitutes de documents recueillis aupres des "comuneros" de la region, et de leurs dirigeants et sages : Auquis, Jilacatas, Mallkus, Jatiris, concemant tous les vestiges et Ie patrimoine de 1'ancien Perou et du Perou contemporain. Les vestiges dans les regions andines de 1'ancien Tawantinsuyu sont tres importants. Par exemple : peintures rupestres et chullpas (constructions de sepultures de dignitaires de la civilisation Tiawanako), menaces par 1'erosion, et qu'il faut proteger d'urgence. Ces documents seront constitues de temoignages actuels sur Ie mode de vie, les coutumes, rites, croyances, traditions, technologies agricoles etc.

I Beneficiaires: Les peuples indigenes, les communautes aymara, quechua et les autochtones d'Amazonie du Perou, pays multiculturel, ressentent Ie besoin que ce projet soit appuye. La realisation de ce projet permettra de faire Ie premier pas vers la preservation des savoirs, la memoire collective et la sauvegarde du patrimoine culturel ancestral. Enfm, cela permettra d'encourager la diffusion de ces documents sur les reseaux mediatiques dans Ie pays.

II Conception d'un ordre universel. Le long parcours millenaire de la civilisation andine et son histoire nous montrent que jamais nous n'avons ete totalement vaincus par les envahisseurs, contrairement a ce que raconte la version officielle de 1'Histoire. Les differents aspects de Hnvasion sont encore a determiner et provoquent encore des effets nefastes chez la population autochtone qui avait son territoire et sa dignite. Depuis longtemps la population est soumise a des injustices de facon permanente auxquelles s'ajoute la pression des organismes de la globalisation, les indigenes possedent une situation strategique dans le monde qui represente une veritable potentiel culturel regional et continental. Les indigenes Quechuas, Aymaras et d'Amazonie sont conscients de leurs problemes et adoptent des formes de resistance intelligente et silencieuse, en s'isolant, en adoptant une attitude indifferente envers le pouvoir central et en ne comptant que sur leurs savoir-faire pour survivre. Rendons-leur hommage et n'oublions jamais que nos peuples millenaires possedent un potentiel de resistance et de sagesse grace a Pachacamac, et Pachamama ou 1'infmi espace, temps etemel. « Iln'ya rien, liny a rien eu, II n 'y aura rien, qui ne soft Pachamama » Ce grand principe exprime qu'il n'y pas d'espace sans temps, (ou de temps sans espace), que tout a son contraire, son double, son "Hanan et son Urin"... Mais comme tout a un double, il arrive aussi que face a deux temps il y ait deux espaces et ainsi de suite. Les savoirs de nos ancetres sont etemels, mats actuellement nous sommes restes trop longtemps inactifs, voire isoles. Aujourd'hui, les comuneros indigenes quechuas et aymaras, s'interrogent sur leur passe et se projettent dans un avenir meilleur, celui de construire une societe equilibree et durable. Car la memoire collective, symbolisee par la WIPHALA, exprime la dialectique de 1'evolution, de la science, et de la culture du Tawantinsuyo. Sur la Wiphala est representee la Chakana et ses quatre etoiles au firmament qui signifient la societe collective egalitaire, ce qui a permis la creation d'Etats federes, le TAWANTINSUYO.

III Origine Les premiers habitants organises dans 1'ancien Perou farent un groupe d'humains qui ont installe une premiere base a « Guitarrero » dans le Callejon de Huaylas, 11 700 ans avant J.-C. ou plus. D'autres sites archeologiques dates de 10 000 ans avant J.-C., notamment: le complexe lithique de Cumbe le complexe lithique de Talara, dans les haut plateaux andins de Cajamarca le complexe lithique de Paijan qui est situe a la Libertad Lauricocha a Huanuco Quirihuac, a Casma, et Ancon, Chivateros, Quisqui Punku Ranracancha, Pachamachay, Toquepala, etc. L'ancien Perou commence a etre peuple, a partir de ces fortifications humaines, donnant naissance a la civilisation notamment en particulier a Lauricocha Vers 8 500 ans avant J.-C., de tres importants vestiges sont mis aujour dans la grotte de Uchumachay a (Junin). Vers 3 000 ans avant J.-C., se developpent les remarquables cultures Chavin, Mochica et autres... En 1550-1500 avant J.-C., grace a de remarquables developpements et de profondes transformations, apparaissent deux Etats qui etendent leur zone d'influence et se ddveloppent pendant plus de 400 ans, les Etats de Huari et Tiawanaku, donnant naissance par la suite au Tawantinsuyo.

IV Situation geographique actuelle Au moment de 1'invasion de Pizarro en 1532 dans 1'ancien Perou, existait une federation de quatre Etats, le Tawantinsuyo (Anti Suyu, Konti Suyu, Chinchay Suyu et Qolla Suyu) qui fat 1'Etat organise le plus grand de 1'Amerique meridionale dont la structure sociale est constituee d'ayllus. Cette federation comprenait le Perou, le Nord du Chili, la Bolivie et 1'Equateur actuel.

V Technologie Les depots de nourriture existant depuis longtemps dans les Kolkas demontrent la maitrise de la technique agricole. Les civilisations andines du Tawantinsuyo ont offert a 1'humanite une impressionnante quantite d'apports alimentaires : pomme de terre (papa en quechua ou choq'e en aymara), quinquina, piment, tomate, haricot, patate douce (camote) coca, cocona, etc. Ainsi que d'autres produits moins connus comme la quinua, 1'oca, 1'olluco, certaines calebasses, la mashua, la lucuma, la papaye, le tumbo, le capuli, la caflihua, pour n'en citer que quelques-uns. V bis Elevage et agriculture : La domestication des alpacas, llamas, vicunas, wallatas, wank'u. L'irrigation, les techniques agricoles et la selection des semences avaient atteint un niveau eleve. Elles se sont transmises de generation en generation. L'astronomic et la medecine naturelle (a base de plantes) sont egalement des tresors appartenant aux cultures ando-amazoniennes.

VI Objectif Actuellement, 1'aggravation de la situation economique et sociale au Perou donne un aper9u general des facteurs qui s'opposent aux solutions durables, equilibrees. Nous avons reflechi longuement sur le probleme de 1'education regionale adapte a notre realite et sur des programmes d'alphabetisation bilingue. Dans cette logique, la creation au sud du Perou d'un centre d'archives audiovisuelles andin sera un premier pas vers la recherche de notre identite culturelle et permettra la prise de conscience necessaire a la valorisation et a la protection du patrimoine andin.

VII Sitajara, qui fait partie de la province de Tarata, (departement de Tacna), au sud du Perou est une communaute campesina aymara, qui lutte pour preserver ses traditions et cherche a renover les techniques de cultures agricoles. La participation de specialistes: historiens, anthropologues, linguistes, sociologues sera indispensable. Mats au niveau mondial les savoirs des peuples indigenes et millenaires du monde peuvent apporter de connaissance pour elaborer des nouvelles bases de cohabitation. Pour conclure, Monsieur le president, j'ajouterai que la definition existante sur la conception indigene soi retenue pour semer la paix, 1'espoir pour 1'humanite, dans le cadre du 2me decennie avenir.

(English translated version of spoken text)

In Indigenous culture, there is no means to preserve heritage. Indigenous peoples would like to create the structures so that future generations will know. These documents reflect the ways of life and traditions. The objective is to preserve the collective heritage. A thousand year long journey of the civilizations shows we have never been fully vanquished. If aspects of invasion still have a negative impact on population that had own territory and dignity. Indigenous peoples now has a strategic place in the world that represents vast cultural and regional potential. The Indigenous peoples is to take a different attitude toward traditional authority. The factors in Peru have caused us to fight for a long time to combat illiteracy. A center will be a first step to raise the need for the protection of Andean culture. The knowledge of Indigenous peoples can provide new foundation for living together. The current definition of Indigenous concept should be preserved for peace, hope and humanity.

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Bobby Castillo, Leonard Peltier Defense Committee (CPDC)

If we are to deal with conflict resolution, states must recognize violations of the past. AIM protested injustices against indigenous nations and repression against their people. In the end, the US promised hearings. These hearings were never convened. There was a reign of terror where US carried out cases over 300 indians were murdered. Most were AIM members. There was a shootout on June 26, 1945. He lay dead. Two FBI agents were also found. Leonard Peltier was convicted of killing those agents. Mr. Peltier has never been in prison but for vindictive reasons to silence Indigenous peoples in the U.S. After 29 years, the US Court will not change. Much of the government behavior and prosecution is to be condemned. These facts are not disputed. Our organization submitted an investigation to Congress. No Congressional committee has researched the FBI role on the reservation. Our organization would like to commend you for the work you have done. We would like to tell you we support the recommendations. All over the world, Peltier is subjected to an unjust justice. We should be able to heal the transgression of the past. Past errors against states are difficult to redress. Truth, justice and reconciliation is needed. Peltier is considered to be America’s Nelson Mandela. US can push for human rights elsewhere and can focus on justice in its own homeland.

Nariko Omine, Association of Indigenous Peoples in the Ryukus

I am from Ryukuu. It was colonized in 1872. Okinawa makes up only one half of one percent yet 75% of military is there. The airbase is in the middle of the airbus and puts us in constant danger. The US and Japan promised to end the base yet nothing has been done. The new base will be directly on the coral reef. It will kill the manatee. Our community is formed with the sea and our relationship is still with the sea. Residents voted against the base but the results of the vote were ignored. We have been forced to live with US bases. Okinawans are aware that violence is the source of the conflict.

Hjalmar Dahl, Joint Statement – Inuit Circumpolar Conference and the Saami Council Dahl We focus on this presentation on the DDRIP, the WG which will end its mandate this year. It can resolve conflicts.

MAM I apologize for interrupting him. You said you were going to refer to the status of the DDRIP. But right now we are discussing a totally different question according to our agenda. Do you want to continue your speech on this agenda item.

Dahl I have a final comment. I cannot understand your expression that the DDRIP is not touching upon the states and governments. The importance of adoption of the DDRIP very soon to prevent conflict.

MAM I would like to thank Dahl for his explanation. Was he referring to a WG on conflict resolution in this WG. I was rather surprised that you were mixing those groups together. If I interrupted it was for you to talk about this process in greater length at a later part. I do apologize if you believe it is relevant. I must say that the chairman is not establishing an explicit.

Les Malezer, Faira

We congratulate this on the WG paper. As we support the recommendation, we look forward to comment on areas in future meetings. The complaints about Indigenous peoples are about justice. Conflict resolution must be understood in its context. The report before “The Right to a Remedy on Violations” examines victims rights to remedies. We don’t agree with Canada where there is negotiations. Because land rights are issues of reparations. We remind the chair that the WGIP was to be a solution to conflict resolution. The adoption was to be an essential vehicle for the promotion and protection of human rights. The international community continues to procrastinate. Canada legislated to increase non-indigenous rights. Although CERD identified those breeeches,there was nothing to reverse that. In New Zealand, there are new laws about to be passed. There must be more effective avenues for conflict resolution. The working paper on coflict resolution continue to be developed. All states that have property use the SF to enhance the conflict resolution mechanism, States to comply with HR treaties and to also make change.s Daes document on land also be available. Alos, two documents on reparations and TNCs be available at future meetings.

Onsino Mato, Joint Statement, Joint statement: Siocon Subanon Oragnization and Apu Manglany Glupa Pusaka

We agree with your statement that reason for fundamental problem is ignoring our right to land. We represent the people next to Mount Pinatubu. The international mechanism for monitoring TNCs on Indigenous peoples rights. There is a conflict between us and a Canadian mining company and that we want to defend our mountain. There are many that call for a halt. But Philippine government keeps advancing its projects. We do not allow heavy mining in our land. The company guards fired resulting in injuries and it continues to grow worse. The restoration of genuine peace is the complete resolution. This will happen only if it is removed from our ancestral lands.

Vanda Altarelli, International Fund for Agricultural Development

In this context, we would like to highlight some of our activities. IFAD has tremendous impact. It is revising its policy in conflict reconstruction. The new policy that is being created is expected to allow for speedy responsibility. The interventions have covered a wide range of activities. IFAD deals with securing land tenure rights and of also conflict prevention. We are also through partners negotiating land. IFAD has successfully worked with forestry and also replicated in the Philippines. In situation of conflict prevention, we have found essential is a multistakeholder approach in dialogue with women as peace brokers. Also focusing on local livelihood to reconstruct social capital. Raise awareness of Indigenous peoples especially women and youth also put together legal counsel. Also put together activities for orphans.

Arsen Ashykov, Foundation for Research and Support of Indigenous Peoples of Crimea

The real problem we have is providing land to returning populations of Crimean Tatars. I do not understand Ukraine government when they say that 206,000 own land. Only 7,000 have land plots in the future. During the process of deportation, 87,000 homes were taken. An approximate cost is 6 billion. During the so-called Agrarian reform, the talk was not taken into account. These were not taken into account. We have a contradictory situation where Ukraine received in law. The situation is very difficult with land plots. It is even more difficult in the South. There were 75 % yet now there is only 1%. The state uses repressive methods when refusing to provide land. In 2004, land units of militia were investigated in hope to receive houses. When explanation is taking, the police started shooting in the air. In the Southern case of Crimea, there are three layers of acts of protest. I hope that this situation will find a solution.

Khadija Boujid, Association Amaazighe Tawesna (Morocco)

I take the floor on behalf of the Amazir people. In this troubled word of different conflicts, the support for peace is of growing importance. The UN WGIP picked this important theme. The Indigenous peoples of North Africa have showed they are people of tolerance and peace. People of different regions allowed to Amazir to establish a process balancing central and local powers and reflecting the power of traditional amazihr. In North Africa, we have seen the situation that all aspects of the lifestyle have been marginalized. It is incompatible with modern society. Based on the principle of universality of UDHR, the Amazir is for the societies. For 25 years, we have been fighting on clear claims of request in Morocco and Algeria. The schools in Morocco are a historic sign. In the Amazir society, Let me complete my statement. We should clarify what we mean.

Mikhail Todyshev, Russian Association of Indigenous Peoples of the North Raipon

Allow me to express gratitude. Conflicts that exist between Indigenous peoples an minority people have deep roots. The people of the North of Russia have never in conflictual nature. We should find ways for nonconflictual. Dialogue recognizes these rights. I would dovus on two examples. The situation has changed, the process to change is no reaching a real critical Today, we do not feel the government is a partner. We don’t feel the government is a partner. In 2002, refused Indigenous peoples stared their own fashion. Solution for the situation. Small community faces entreprise that undermined living conditions. We believe that in the basis for new standards and resolve conflicts.

Haxan Idbal Kassam, IPPAC

The representatives of governments and NGOs, brothers and sisters this is how you should take the floor. On the half of next organization, I would like to thank you for all the efforts. Mr. Chai, I would like to make a few community Africa has witnessed the largest number of wars and conflict. It is necessary is showl. The results result in a conflict of the international nature. It doesn’t recognize the right of Indigenous peoples. The adoption of unilateral is the main cause for conflicts. Also, depriving people of their right has other conflicts. Taking land from Indigenous peoples doesn’t allow them to implement development programs without receiving the agreement. The non recognition of people has created a situation where governments do not work for solutions.

Honore Nzol Bissaik, Organization Dáppui Aux Initiatives de Development et Environment (OAPIDE)

I would very briefly like to make a statement on the chairman’s recognition of land rights. There are many documents regulating documents to land. There are numerous communities that are having problems managing their lands. There are some people who are occupying their lands. The question is how the right to land can be granted without creating problems of land with different social groups to the management of lands. In 1974 and 1988, the problem of the Baca pygmees went into effect. The problem is to displace the Baca towards the people while settling the link with the forests. Forest management is also recognized at the national level. The land rights do not relate to preserve the cultural identity of the Baca. It needs to be investigated further leaving insecurity and these lands are in the hands of private society and they have a few frustrations which is being exacerbating.

Bala Chandra Rai, Kirar Chamling Language, Culture, and Development Central Committee

To resolve the conflict of the ip the problems must be address. The problems are being used. They are discriminated by the police and laws because of identity. The religion is not recognized. Nepal is the hindu kingdom. They don’t have right in education in mother tongue. Peoples are voiceless. Every mechanism of government is dominated by people biased to indigenous peoples. Many peoples are deprived of celebrating their culture. They don’t have culture rights 75% are living in extreme poverty because of land reform. IP are second class citizens. That is the reason there are problems between language, economic, political conflicts. Indigenous peoples are being used. Indigenous peoples needs are not addressed and will never be resolved.

Shankar Limbu, Lawyer’s Association for Human Rights of Nepealese

No statement available.

Lazaro Pary Anagua, Movimiento Indio Tupaj Katari

There are no phenomenon that exist without causes. Karl Marx wrote that deposits of gold and silver and the crusade are all factors that opened the capitalist age. This helps us to understand the causes and factors with blood flowing from all of the pores of the new world. Conflicts conditioned by class issues are a social phenomenon are as old as mankind. The substitution of collective property with private ownership changed the life of a nation. Devastation by European colonialism and its very cruel methods was the greatest holocaust of all time. It was the darkest speeches written in blood and tears. Wars of conquest and despotism and later French colonization as well. The Native Indian was excluded from the human species.** We believe in conclusion that we have confidence in the indigenous wisdom to change the otherwise morally condemnable .”

Jose Moreles, OTM Ninos Maya des Guatemala

The consequences of where most Indigenous peoples face internal and external conflict. Globalization has resulted in devastation. If we speak of conflicts, we recognize the aspect of armed conflict. War is profitable for weapon manufacturers that also sell advisors. States are in enormous external debt. Enemies are invented. When war is no longer profitable, there are possibilities for reconciliation. Agreement of San Andreas Mexico, as well as Brazil and Guatemala. The Mayan peoples suffered great deal from a war. It is now a duty of the UN to make sure peace accords are upheld. Where conflicts exist, all elements and actors must respect main points.

Christan P. Scherrer, ECOR HPI-HCU

Since 1945, internal conflicts have been more frequent. Wars of ethnic account for more than half. We need to inquire about the root causes of conflicts. For most Indigenous peoples it is a fact of life that the root cause of their conflict that they are confronted with of 500 years of colonialism. Most Indigenous peoples are confronted of the continuation of colonialism in a sort of internal colonialism. When addressing things such as conflict resolution, the main topic is collective rights and national policies. Our starting point is the right of SD for all peoples. Para 25 after quoting UN Charter. There is no ground for limiting SD for only some people while forbidding others. Most of us couldn’t agree more with that. This action has bee done by many states. The humanitarian concern is that means of avoiding violent conflict between multiethnic state. My recommendations are to explore. Prevention of violent conflict through appropriate autonomy is cheaper but also the only ideal method of constructive dealing with differences. The dimensions of the problems are impressive. We have about 10,000 distinct peoples. My recommendations following the studies on treaties, the Commission on Human Rights on constructive elements should be explored in the global context. A comparison in the largest and most populous states would be important.

Lev Nerbyshev, Association of Khaka’s Tribes

Many scientists and politicians consider Russian State as a historically unique due to its multinational nature. Our republic is named Khakassia, this is a small model of Russia. There are about 100 nationalities in Khakassia. Officially, the republic is considered as a region with stable national relations. However, the results of the sociological research show that a hidden form of national tension exists which may suddenly be transformed into a conflict. I will describe the situation form the point of view of the Khakas people. Today, Khakas constitutes only 11 of the total population of Khakassia. During the elections to the legislation bodies they are getting the minority of the votes. In the capital of republic, Khakas simply have no chances to be elected. In the executive bodies either there are no representatives of the Indigenous people or the posts, occupied by them, are nor important. The only legislation act, which regulates the relation between the Indigenous people and the rest of the population, is the Law of the Khakassia Republic from April 21, 1994 ?31 "On status of the Khakas people". This High Court of the Khakassia Republic acknowledges, that this Law contradicts to the federal legislation. Therefore, at present there is no legislation norm, which protects the inte