* Marietou Diallo, Tin-Hinan Association Pour l’Epanouissement des Femmes Nomades

The resolution of conflict item is inevitable. Africans and states are unaware of the notion of human rights. The aim of state was for unity not identity. The notion of Indigenous Peoples does not exist and they are more and more marginalized. The reason is being ignored. The crisis sets back the regions development. The best strategy for conflict resolution is prevention. Access to schools is important. The Tuareg as Nomads do not have access to school because educational systems do not adhere to cultural practices. I call to NGOs, UN and Indigenous Peoples to appeal to states to make populations more aware and to take specific actions in the field. It is time for Africa to realize that Indigenous Peoples do have rights.

* Patricia Silva, CSIA/Nitassinan

Conflict resolution means that states take into account suggestions by Indigenous Peoples and also the results of the studies by the SR. We are very grateful to him for his work. The SR visit is available in a report. The attitude of the Chilean state resulted in 400 people being imprisoned in Chile with five different trials and people are still waiting. Para 69 of the report has not yet been implemented. Cases should not be brought in relation to struggle for land. Rules have not been respected yet people are waiting to be tried. They are charged with anti-state. They are coordinating social activities to protect indigenous lands. The process is being repeated and being silenced. Despite the recommendations, we can only say that the trials are calling into question the recommendation.

* Ronald Barnes, Indigenous Peoples, Nations and Coalition

We were removed from the decolonization committee list in 1959. The root of discrimination has yet to be resolved. I would like to give recommendation on the non-interference and territorial principle. It is importance to notice that the US accepted the sacred trust obligation to the inhabitants of these territories. Their traditional authorities that the hereditary authorities need to be recognized. In the non-self-governing claim, you recognize that Indigenous Peoples have the right to SD. We support the recommendation of para 101 – 107.

Chagat Almashev, Lauravetlan Information and Education Network of Indigenous Peoples

I am representing a Russian network organisation, which is called Lauravetlan Information and Education Network of Indigenous People (LIENIP) and also a local NGO Foundation for Sustainable Development of Altai (FSDA), which has been established on the recommendation of the United Nations Development Programme (UNDP) in the Altai Republic.

Russian parts of the Altai Mountains are subdivided onto the Altai Republic and Altaikrai (territory), two independent regions of the Russian Federation. The Altai Republic is mostly populated by different indigenous peoples belonging to the Turkic group of the Altai family of languages (Altai-kizhi, Telengits, Kumandins, Tubalars, Chelkans, Teleuts and Shors), ethnic groups of the Slavic and other roots peoples.

Our mountains are famous for their biological, ethnical, cultural and historical diversity and the territory is inscribed as the Golden Mountains of Altai into the UNESCO list of the World Nature Heritage. We recognise the global significance of the Altai Mountains diversity and therefore we draw attention to threats, problems and conflicts we face recently in Altai. Rapid economic development, which threatens unique biota and traditional livelihoods and environment, is an obvious and hazardous scenario if it is allowed to develop unchecked and unregulated. The key problem, which causes conflicts, is regulation of landownership and land use.

Our Republic is in the process of setting up so called Ethnic and Nature Parks, which protect areas of environmental and cultural importance while allowing compatible human activities. There are now five Parks comprising 286,370 hectares of land; two more Parks are in the process of formation. What is good about these protected areas? Firstly, these nature parks are totally local people initiative and these protected areas have regional status but recognized by the Federal government and the parks are organised and managed by local indigenous leaders. Secondly, the parks combine conservation and development issues using both indigenous and scientific approaches in zoning and landscape planning of the parks' areas. Sacred sites are identified as core areas equal to biodiversity concentration spots, buffer zones are allowed to local people to lead traditional land use (cattle farming) and Ecotourism and scientific research activities and development areas include villages and farms with intensive economic development permitted but with certain environmental limits.

Now we have conflict of interests: on one hand, federal authorities are not interested to support Protected Areas of regional status because they are under the regional and local governments, on the another hand, regional authorities does show any interest to expand quantity of regional Protected Areas as federal Strictly Protected Areas occupy almost 22 of the whole territory of the Republic, to add more protected areas even of regional status means to Altai government as real restrictions to regional economic development. 22 federal strictly Protected Areas do not allow any interference indigenous people with their traditional land use (farming, fishing, hunting). But the indigenous conceive regional Ethnic and Nature parks as an only possible way or mechanism to protect their lands from privatization, which is very possibly to happen after 2006 according to federal laws. We mean Russian federal "Forest Code" and "Land Code" which are in a process of passing through federal Parliament now and which ignore indigenous people rights to their lands and forests and to lead their traditional land use at all. We want our sacred sites, mountains, lakes, rivers, lands to be areas of common use at least, which cannot be private or withdrawn and restricted to indigenous population by federal authorities. Therefore our NGOs (LIENIP and FSDA) and international organisations support and foster development process of the regional parks owned by the indigenous leaders in the Altai Republic of Russia.

Tourism is considered as a primary sector for the economic development of the Altai Republic. Districts located near the Republic capital, benefit much: rapid economic development, construction of highways, "western type" hotels and restaurants. Local people in remote high mountain districts witness negative aspects of tourism: "western type" modification and pollution of ecosystems, trash in tourist places and sacred sites, unsanctioned diggings of kurgans (burial mounds), and destruction of petroglyphs, ignorance and disrespect to indigenous cultures. Therefore many local indigenous communities consider tourism as a negative factor and a real threat to their traditional livelihoods and cultures. In the case of the Altai, it is crucial for us to promote and develop community-based tourism (Ecotourism or Ethnic tourism) to provide some income to local rural communities while protecting the natural environment and cultural heritage. Western type tourism is not a remedy for us or for our poor regional economy; only Ethnic tourism backed by local communities is able to be a compromise in a regional dilemma of development and conservation. li is our interpretation of a sustainable development concept of our region.

Human resource and local capacity building is very important issue in the case with Altai as the key stakeholders of conservation and development processes are local people and indigenous communities who are strong motivated to protect their lands and traditional livelihoods which proved to be sustainable and more environmentally friendly for thousand years we live in our mountains. These parks' main conflict with regional and federal governments that lands of the parks belong to different landowners (federal 1 category forests, farming lands, villages and pastures and recreational lands) and their should be converted to municipal status or lands of common use. This is a vision of indigenous peoples of the Altai region of Russia. Summing up my statement I would like to tell one success story in protection of indigenous lands. Indigenous communities of Altai had been fighting since the end of 90-s to take back a small 2,5 hectare area at the coast of the Teletskoye Lake (we call it Golden lake) from a big industrial and tourist company. Just recently in June of 2006 welegally won at the regional courts and took this site back to our indigenous communities. This victory we dedicate to the International Decade of Indigenous Populations to inspire all indigenous peoples to protect rights to their lands and traditional livelihoods.

Contact:
Chaptynov 30, Gorno-Altaisk
Altai Republic,
Russia 649000
Tel/fax:+73882221296
E-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
www.indigenous.ru
www.altai-republic.ru

* Delaria Festus, Working Group on Indigenous Minorities in Southern Africa (WIMSA)

I am from S. Africa. We created a NGO to explain the concerns and also establish network for communication. Throughout the region, people consider land a natural resource and the capacity to lobby for their own interest and the desire to secure a better platform for economic and social development. We were forced to move or restricted. We are challenged by the lack of accountability. To achieve peace we need tolerant people to understand our ways of life.

* Mary Simat, Indigenous People of Africa Coordinating Committee (IPACC)

In Africa, the human rights have been ignored. The government inherited the nature of racism by the colonial government. They won a case in the high court on the basis of the land right. The San of Namibia have challenged the eviction. The San have lived there for time immemorial at least 10,000 years and we were deported to new resettlement in January 20, 2003. The game reserve was set up to provide an area where San could live in a natural system. The government denies the very evidence that San are marginalized and the poorest people in Botswana. The San are the first people of South Africa. It is a form of cultural violence. The Africa government hinders the culture and forces them to leave their traditional area.

* Mallam Sali Rahamatu, Mbororo Social and Cultural Development Association

The theme of conflict resolution is crucial for our people. Most of the victims are told to go for amicable settlement. Access to justice is offered during this mechanism that brings together government leaders and also Indigenous Peoples leaders. There are role-plays that can assist. Cameroon is to set up an environment where parties can share concerns for farming. Also call for creation of farmer land.

* Marcelino Diaz de Jesus, Consejo de Pueblos Nahuas des Alto Balsas, Guerrero, A.C.

We have been fighting for 14 years against the construction of a dam. We think we have already managed to receive a result. Vincente Fox has revived this project of this power plant in the name of development in Mexico. We are starting the work to prevent this in Acapulco. There will also be another two dams in Chiapas in which there will be destruction and death. The president of our country is under the influence of this. One of the main causes of conflict is related to the greed that is arising from TNC that always want to take more than they leave us with. We call for the right to be consulted on the land that may take place on our lands. No one should even think of conflict without considering the free, prior and informed consent. The lack of respect and recognition of our rights, which have been denied, have led us into negotiations on unequal footing. The state attempts to resolve conflict so as to guarantee fair and long lasting settlement. It is necessary to proclaim a second decade for Indigenous Peoples to secure our survival. We will continue with our traditional forms of government even though our basic existence is denied. The status of a people does not require permission to exist. If the government continues to deny our existence, they are forcing us to live in inequality. We have been given our basic rights given by the great creator.

* Thaayrohyad I Bermudez, Consejo de la Nacion

I am Taiho Yade. I would like to join with the voices of my brothers and sisters. Colonization and exclusion have been imposed on us. We will not reject our inalienable rights. Indigenous Peoples have created basis for firm dialogue. Peace is the condition and context to transform conflict in a nonviolent way. We denounce unjust conditions that prevent peace based on actions by government. We call on governments to recognize the rights of Indigenous Peoples. The DDRIP should be approved. The right to SD is the prerequisite for the security and survival of Indigenous Peoples and our ancestral spirituality. SD of Indigenous Peoples is a vital element for the peaceful solution and prevention of conflict. ** There should be dialogue between Indigenous Peoples and states.

* Ted Palys, Observer, Siman Fraser University

I would like to begin by first congratulating Professor Miguel Alfonso Martinez on his election as Chair of the Working Group and for his thoughtful and well-considered background/discussion paper on the theme of “Indigenous Peoples and Conflict Resolution.” I have no disagreements with his paper and intend my comments only as a supplement to that excellent document.

I should say that I am a Professor in the School of Criminology at Simon Fraser University in Vancouver, Canada, and that I make my comments on the basis of more than a decade of working with Indigenous communities and peoples in Canada who seek to exercise their rights to self-determination in the area of establishing their own justice systems.

In that regard, there are two major points I want to make in the short time available to me today.

1. We have much to learn from Indigenous Processes of Conflict Resolution

First is that, in addition to the power and authority Indigenous processes bring to Indigenous communities in dealing with their own conflicts, we also should not overlook them when we consider broader processes of conflict resolution that might be generated within nation states and internationally to resolve conflicts between Indigenous and non-Indigenous peoples. There is much to be learned and much that can be achieved through processes that emphasize taking responsibility and the restoration of balance and harmony in relationships.

2. Serious Commitment to the Rights of Indigenous Peoples is Reflected in the Creation of Permanent Structures that Embody Indigenous Representation, Participation and Self-Determination

I also wanted to comment on nation states’ governments’ roles and responsibilities in recognizing Indigenous Peoples’ rights to develop their own justice systems. We have heard from the Government of Canada twice at these meetings and heard lists of programmes and special events they sponsor in relation to Canada’s Indigenous peoples. These are all very nice – and they exist in the justice area as well – but it also should be said that these are often the major obstacle to realizing Indigenous rights recognized in the draft Declaration on the Rights of Indigenous Peoples.

In the justice area, for example, Article 33 of the draft Declaration asserts that, “Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive juridical customs, traditions, procedures and practices, in accordance with internationally recognized human rights standards.” And yet, after 15 years of supposedly supporting “Aboriginal justice” through programme initiatives and special events, the federal government still holds all the money, still sets all the priorities, and still effectively tells Canada’s Indigenous peoples what their justice systems can look like. Any funds that do come are “soft” funds that may or may not be there next year. No mainstream system can develop with such uncertainty. How can Indigenous justice systems be expected to do so? And how can it be “Indigenous justice” without Indigenous direction and control?

The United Nations system is by no means perfect, but it has created institutional structures such as the Working Group on Indigenous Populations; during the first Decade of Indigenous Peoples has created new structures such as the Permanent Forum and the Office of the Special Rapporteur; and in the future should be creating more, not fewer, of these. Canada, if its commitment to Indigenous peoples is real and long-term, should start negotiating with Indigenous organizations to do the same.

* Alejandro Chipana, Communidades Aymaras dal Altplano (Bolivia)

Indigenous Peoples are in mourning in their attempts to defend their land and freedom. There is hunger and misery. It is the cause of the blood that is shed. What is the real problems that have brought us here. We cannot come to just share greetings. This is due to the injustice of the TNCs. Bolivia has felt the worst conditions. I reiterate the greeting from my indigenous brothers and sisters to work together in each of our communities to lead to freedom and cultural justice.

* Sailali Passa, Conseil National pour les Droits du Peuple Knak en Nouvelle Caledonie

After colonization, there were agreements drawn up by France to cover citizenship. But the ideas were also reconciliation with our people. Reconciliation presupposed alienation; people who are deprived of freedom and essential rights. Reconciliation does not mean covering up colonization without taking action. Next demand is that reconciliation also means restitution to the Kanak people. The people must be compensated for the harm. It is giving back land rights and also human dignity to stop exploitation. The conflicts we have seen in the world that alienation has caused great damage. We believe in self-determination. We are in mourning. We have inherited a civilization that has been rejected and prohibited. We will continue to keep working to keep our dream alive.

Floribert Beloko Takanaki, CEFAIL-ONGD Pygmees du Sankuru (Democratic Republic of Congo)

On behalf of the Pygmies of Congo Kinshasa in general and from the Sankuru district in particular, and on my behalf, I wish to congratulate you on undertaking the heavy task of chairing once again the Working Group on Indigenous Peoples from the whole world.

As I stressed last year, and I repeat it again this year, it is necessary to "first wash the hands before starting to wash the face and the rest of the body", as our Djonga forefathers in Sankuru say. This means that the Sankuru Pygmies first want to find solutions to the conflicts opposing them to their Bantu neighbours at the local level, because today's relationships with Indigenous Peoples are increasingly disgraceful between those two populations who have been long-term neighbours. Furthermore, and as you know, the Pygmy designation, originating from a Greek word meaning "a person one cubit tall" is one of the roots of conflict between Sankuru Pygmies and the other tribes and ethnic groups.

From this social distinction that makes Pygmies people small in height, the word has taken on various connotations which, to our mind, should draw the attention of the authorities who are likely to defend Indigenous Peoples' rights.

The word Pygmy has become, by turns, an insult, "You're just a Pygmy"; sometimes a gratuitous declaration, "What a real Pygmy”, and to express a curiosity, one lets oneself say "And so it is a Pygmy". When a Pygmy excels in doing a task, whatever the task, his Bantu neighbours say: "Even the Pygmy, too?”

In Sankuru, up until this 21st century, dear President, the Sankuru Pygmies are still the other tribes' property. Their neighbours say "They are my grand-father's Pygmies", or, moreover, "Our Pygmies never move around without us allowing them to, they can't go without our go- ahead."

The Bantus love themselves so much that they don't even know that they smell, but they
loathe the slightest Pygmy smell. This is how we hear it said that "Pygmies don't smell good".

To err is human, dear President, but when it happens to a Pygmy to make a mistake on a given
subject, the Bantus say "a Pygmy remains a Pygmy", implying that he remains an idiot. However, when the Bantus need the Pygmies' services for a healing or some such, the Pygmy becomes "a brother".

Regarding school, it is said that attending school is compulsory for Congolese children under fifteen years old. However, more than 80 of the Pygmy children don't have access to general training.

Can we consider talking of Indigenous Peoples' rights to people who can't read or write their names? And who don't even possess a document of identification enabling them to be identified as a citizen or to be had in case of necessity?

Thus, as long as their illiteracy goes on, the Sankuru Pygmies will always be a good, cheap labour force for other ethnic groups.

Regarding economic issues, the Pygmies, traditionally hunter-gatherers, are not trained for agricultural work, on the contrary. The Sankuru Pygmies are used today by their Bantu masters as an excessively exploited labour force for agricultural activities, who are to be paid in salt bags or pieces of cloth.

Regarding health issues, a Pygmy woman in Sankuru no longer takes her sick child to the hospital, because not only does the health staff laugh at her because she is badly dressed, the staff also demands the child's health record as well as consultation fees.

In such a context of constant dehumanisation, how can we talk of conflict resolution at the international or national level without taking into account the local situation? We stress that it is now time, dear President, to find the means and ways of enabling those most concerned to achieve the aim of being both objects and subjects of their own human, economic, social and cultural development.

Contact: Floribert Beloko Takanaki
Educator, Specialist in rural development
Head of projects, Sankuru Pygmies
Head Office: Lodja Sankuru
B.p. 10103 Kinshasa 1
Democratic Republic of Congo
Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Sharon Venne, Akaitcho Dene and Hupacasath

Mr. Chairman, we would like to make some preliminary comments on your paper on conflict resolution. In the past two years, we have undertaken an extensive and exhaustive review of the seven-modem agreements made in Canada. (A copy of our analysis can be made available to you for future reference.) All these agreements contain a chapter on dispute resolution. We would like to report to the WGIP that these chapters contain no domestic solution for conflict resolution. We have identified many problems but will give an example of three:

1. The modem agreements are written in Canadian law with Canadian values. There is no room for Indigenous laws and values. The chapters are based on a Eurocentric value system bearing little or no connection to Indigenous Peoples. Indigenous Peoples contribution consists of extinguishing and giving certainty over the lands and resources in exchange for the weak and ineffective chapter on dispute resolution. The biggest problem in the chapter is that the right to be sent to dispute is not set out in the agreement and must be fought out in the dispute process thus making a mockery of the whole situation

2. We have heard representatives of these modem agreements at a conference held in Ottawa, Ontario in November 2003 complaints about the problems with these agreements including the uselessness of the dispute resolution chapter. One Indigenous group reported that they have had six disputes in less than ten years under their agreement; it cost them one million Canadian dollars for each dispute putting them at six million. In spite of spending those kinds of funds, they did not receive an adequate redress for the original problem.

3. The final major obstacle for using internal chapters drafted in these modern agreements is that the government of Canada can always refer the issue to their courts with their judges and their laws to determine the outcome. Of course, Indigenous Peoples can access those same courts with the costs associated with such legal action. Often, the courts take years to decide - in the meantime – the resource and the grievance does not get addressed. What is the use of having a dispute resolution chapter when the courts could be used? It is an exercise in uselessness and not the object of having a mechanism to resolve disputes before they arise.
Under international law, Indigenous Peoples have a right to come before an international body to adjudicate disputes with the colonizers. In Canada, we are living in a colonial state. It is not a neo-colonial state but a colonial state. The United Nations has mechanisms for Indigenous Peoples to decolonize. In a related matter touched on by your paper, state governments like Canada do not want a declaration on the rights of Indigenous Peoples. Rather they want their own watered down version based on weak and ineffective domestic policies to be the declaration, which is a violation of international legal norms.
The members of the Working Group are experts in the area of international legal norms and standard setting and should continue to work towards standards and the development of standards to protect Indigenous Peoples from these colonizer states. More work should be done on this issue because it was internal disputes with the state that brought us to the League of Nations and then to the United Nations. If everything was good in our homelands, we would be home with our children and families rather than appealing for support from the international community. These issues do not go away, they just continue until there is a resolution. The UN working with Indigenous Peoples is in a perfect place to find practical and workable solutions to these issues, since it appears none exist at the domestic level. Indigenous Peoples of the Americas have been fighting terrorism since 1492.

Thank you.

Esau Saul Carayury Parangava, La Capitania Guarani Zona Santa Cruz (Boliva)
Sara Louis, Swiss Chagossian Support Committee

Mr. President, Dear Brethren and Sisters, we greet you on behalf of all Chagos Islanders. The Chagos Archipelagos is situated in the Indian Ocean and includes mainly Diego Garcia, the most important U.S. military base outside of the US. Chagossians have never solved conflicts with violence. We have chosen to solve problems and conflicts by going to court, by being present in the medias or by being present here. Court case has given us an outstanding victory on November 3, 2000. Indeed the British always claimed that there were no Chagossians but the judges ruled that there was an indigenous people and that they had the right to return back home. This decision was further recognised by the UN Commission on Human Rights by a recommendation to the UK in October 2001 to return us back on our Islands, to pay a compensation for each and every year of exile and to make a report about our territory in 2006.
So far the British Government along with its US counterpart have snubbed the UN about this and about the war in Iraq, the two being inter-related as the bombers are taking off from our motherland. The British Courts have refused to listen to the UN advice on October 9th 2003 and have refused the compensation. Further, the UK government on June 10, 2004 have made a step backward by passing a further legislation on June 10 2004 to interdict us a new access to the Chagos despite the 3rd November High Court ruling. This time they went by an Order in Council, thereby bypassing even the UK Parliament for that purpose. We have asked our lawyers to challenge this in court. To recover our motherland we are thus looking forward to the European Court on Human Rights and the International Court of Justice in The Hague.

May god bless you all.

Thank you Mr. President and fellow Brethren and Sisters.

Contact
Sara Louis
5. rue Etienne-Dumont 1204 Geneva
Tel/Fax: (+41) 22 310 0157
Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Charles Uwiragiye, Premiere Fondation de la Nation

Those of you, who had the chance to attend and participate at the Working Group in the past 22 years, please accept my complementary note of acknowledgement. Your contributions have proven to be strong blocks on which the foundation of the UN Permanent Forum on Indigenous Issues is based.

I represent the Batwa Pygmies from Rwanda, a Member of the Unrepresented Nations and Peoples
Orzanization (UNPO) and a Member of the Friends of the People Close to Nature (FPCN).

The armed conflicts in the Great Lakes Region in Africa, add a pain to the abscess. It is beyond human imagination. It is absurdity and the world is simply watching. It seems we have become a delicious dish for the cannibals, and only few individuals and institutions pay attention. What has the UN institutions done to stop the situation and invest resources to hold the wrong doers accountable?

During the 94 presentations I gave in the past years, I underscored the deadly continuation of bloodshed in the region. We know the UN is able, and has the resources to stop all these conflicts in my region; conflicts that consume our lives and cultural resources. The conflicts destroy our ancestral heritages as well as our sacred and cultural ties, traditional and related knowledge disappears.
When two elephants fight, the grass suffers. May I bring to your attention that the most recent forced migration of the Batwa Indigenous People from the lower altitude of the Volcano range, in the northern region of Rwanda, was because of the increasing attacks of militia and EX-FAR insurgency from RDC?

My fellow Batwa representative from Burundi may mention the deadly and brutal acts of human rights violations Bujumbura. They shelled mortars on a completed shelter site, destroying the structures without mercy. These shelters were built for and provided to Batwa in Burundi by CARE
International. They are now ruins, and the international community calls it a conflict between the Tutsi
And Hutu. In Rwanda the war and genocide caused a loss of many lives including those rarely mentioned Batwa. There is no mention of Batwa among other survivors to benefit from the Survivors'
Fund. These kind of confusing maneuvers need to be re-addressed.

The conflict is ignited by socio-economic differences between the Batwa and other social groups. The
Batwa do not possess land and over 99% of the population is illiterate. They are harassed by the
Public. Thus their human dignity is not respected at all. This situation has caused other negative effects. Some NGOs and institutions take advantage of absolute poverty to create physical conflict, not only amidst the Indigenous Batwa but also among Indigenous NGOs.

In conclusion Mr. Chairman, if there would be a question as to what is the main barrier to effect approaches for the problem of achieving our objectives as far as human rights are concerned, my one response would be fear. We are in such a dire struggle us versus them, us versus a competitor, which stops people from understanding what indigenous peoples should accomplish in the arena of human rights. People should think of grand vision of human rights advocacy as a struggle, not as a cooperative enterprise.

I recommend therefore:

- Government takes the initiative to educate Rwandans about human rights
- Request the government to respect our cultural and traditional knowledge

Charles R.Uwiragiye
Premiere Fondation de la Nation (PFN)
KIGALI, RWANDA.
E-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

* Gabriel Sengo, Arameans of Aramnaharaim Foundation

We have made a great contribution to the wealth of the nations. Our language was spoken by Moses and Abraham. It makes conflict resolution almost impossible. We have always tried to resolve conflicts with brotherly respect in countries we reside. Arameans concept is based on ways to solve conflict in positive measures. In the torture and terror from 1914 - 1918, we were brutally slaughtered and our blood still yearns for justice. A new constitution of Iraq does not make any mention for Aramean people. We are not recognized as a distinct ethnic group. We are the original inhabitants of this area with a rich heritage.

Shimabu Kuru Rin, Asian Indigenous Peoples’Causus

The Asian Indigenous Peoples' Caucus expresses its appreciation that this Working Group has chosen to focus on the theme of Conflict Resolution on its 22nd Sessions This issue is of serious concern to Asian indigenous peoples, as we are daily confronted by conflict in our homelands. For many of us, it is the presence of conflict m our lands that has made it necessary for us to travel here to Geneva in the hopes of finding avenues of redress and opening doors of constructive dialogues and peaceful resolution of such conflicts.
We want to thank you, Mr. Chairperson, for your Conflict Resolutions paper We agree with you that one of the main causes of conflicts affecting indigenous peoples is the lack of recognition of indigenous peoples rights, including land and resource rights In many countries in Asia, indigenous peoples are being driven away from their traditional lands as we have heard during the discussion on Agenda Item 4a. Had Special Rapporteur Stavenhagen been present here, he could have further substantiated this. Additionally, the militarized state of many indigenous territories in Asia is another major source of conflict. In many parts of Asia the conflict situation is causing the extinction of some indigenous peoples or otherwise threatening their existence as distinct peoples.
Another contributing factor in the conflict situation found in Asia is the refusal of some governments to recognize our existence as distinct peoples. This is a situation that has repeatedly been brought to the attention of this Working Group and other international fora. We believe that we can resolve this issue only through dialogues between State and indigenous peoples' representatives in a fair and equitable manner.
Chairperson Martmez has pointed out that the non-implementation of treaties agreements and other constructive arrangements between indigenous peoples and States is also a source of conflict. This is also true in Asia, for example in Bangladesh and in Burma, where treaties and agreements exist; they remain largely un-recognized or un-implemented. This is a cause of the continuance of conflict situations.
Mr. Chairperson, we support your recommendation regarding the holding of the two seminars, one on Conflict Resolution and another on Treaties, Agreements and Other Constructive Arrangements. We would like to offer Asia as a possible venue for one or both of the aforementioned seminars. This is because there are many conflict situations in Asia and there are also many political arrangements between states and indigenous peoples in Asia, whether they are regarded as treaties, agreements or "other constructive arrangements” as in your Treaties Paper, or otherwise.
We thus appeal to all delegates here consider the creation of an international mechanism that can deal with urgent situations of conflict by involving the Special Rappoerteur on the Human Rights and Fundamental Freedoms of Indigenous Peoples, or otherwise These are some of the issues that require further attention in the process leading to the future seminars proposed by you, Mr. Chairperson.

Recommendations
• Include the subject of "Conflict Resolution" as regular agenda item in the annual sessions of this Working Group.
• Encourage governments and indigenous peoples in Asia to engage in constructive dialogues on such issues as the legal status of indigenous peoples, their self-government and resource rights, among other things.
• Holding of UN Seminars on Conflict Resolution and on Treaties, Agreements and Other Constructive Arrangements with a strong focus on Asia, where the largest indigenous population of the World is located.

Justin Imam, B.I.R.S.A (India)

The state of Jharkhand was created four years ago after centuries old struggle of the Munda,
Santal, Hos, Oraon and other Indigenous peoples for a separate statehood, in response to demand for independent autonomy. Jharkhand is the homeland of 32 nations. The history of this struggle goes back to the Chalcolithic ages, when the Asura iron smelting tribes were driven to the hills by the Munda, Santal and Oraon tribes. The land witnessed the same struggle by the settled Indigenous peoples against the interest of the Mugals for its gold & diamond reserves, followed by the Colonial interests in its forest resources. This was carried out with various treaties between the Indigenous peoples and the rulers, which is being disrespected by the government and other groups today. Of lately, this has changed to expropriation of the land and its mineral reserves by the government. Which has no doubt given rise to resistance put up by the Indigenous peoples. Today there are over 35 lakhs displaced tribal peoples in Jharkhand as a result of mining, dams, and industrial projects.

The fight for the land rights and Ownership rights over the mineral resources has become important in view of the amendments being made to the traditional customary laws and regional Acts like the Chottanagpur Tenancy Act & the Santal Paragana Tenancy Acts, which had special provisions for the protection of Indigenous peoples lands, and its use by others on lease. Such leases are exploitative in nature especially in Bauxite and Coal mining areas in West & North Jharkhand. Another example is the mining for stone chIndigenous Peoples destroying forever the entire Rajmahal range, several hundred sq kilometres of forest and the homeland of the Saura Paharia & Santals, all for construction materials to build express highways passing through tribal heartlands, and with extremes like the radioactive exposure due to the Uranium mining in Singhbhum area having severe health & human rights violations. There are proposed Uranium mines in the Meghalya region in the Northeast, which is facing very strong resistance by the Indigenous peoples there.

After having seen over fifty years of development and industrial projects, the Indigenous peoples of Jharkhand and the North-east have realised that their rights over land does not exist as the States ownership of everything six feet below the surface (including the mineral resources) entails the loss of right over their ancient land handed to them by their ancestors, in trusteeship for the unborn generations. This makes more the reason to fight for Ownership rights over land & its resources. There are a number of resistances, armed and peaceful, against the expropriation of land by the mining industry. Nowadays, such resistance to the mining industry is being suppressed by the government and is the seed of most conflicts between the Indigenous peoples of Jharkhand & the Northeast and the Government. Often the leaders and elders of such movements are implicated in false case and put in jail, here they are tortured and threatened, their family deprived of earning members and women raped and human rights violated. The resistance is blamed as extremist movements, and young boys put in jail. All these issues and resistance and Indigenous peoples movement to protect their land is well documented.

Recommendations:
1. Free, prior informed consent should be respected by the government and made mandatory before any development projects begin in Indigenous peoples land.
2. Ancestral lands, cultural and sacred sites should be respected by the government of India and others with regard to Indigenous Peoples rights.
3. Indigenous peoples have a right to self-determination relating to all development initiatives affecting them. The government of India must care for and respect their Indigenous rights in all its laws and policies.

Tuulia Law, Quaker Aboriginal Affairs Committee

The Quaker Aboriginal Affairs Committee is an advocacy group working in support of the self-determination of Indigenous Peoples in Canada. Canadian Quakers are also active in international development and justice.

Since the beginning of this meeting yesterday we've heard details of many conflicts involving Indigenous Peoples, and we've also heard about national and UN mechanisms for addressing these conflicts.

In our work we have become familiar with Indigenous approaches to conflict resolution, which are fundamentally different from the current mainstream western-based approaches used by most nation-states and international bodies such as the UN.

In the western-based legal approach to conflict, the emphasis is on the use of procedures, terminology, and sequences that follow well-established and often complex rules. This attention to procedures is very technical, and does not focus on how the participants, Indigenous and non-Indigenous, are affected by the proceedings. In contrast, the Indigenous approaches' emphasis is on process, and focuses on what the participants, Indigenous and non-Indigenous, are experiencing, and what they are learning. Attention is paid to the progression of the journey the participants are making in their search for solutions and ways to understand the sometimes terrible events that created the deep conflict between them.

From an Indigenous perspective, conflict resolution tends to be seen as a transformation of relationship, not a prescription to follow.

In his Report on the Expert Seminar on Indigenous Peoples and the Administration of Justice (E/CN.4/Sub.2/AC.4/2004/6), Mr. Tomas Alarcon called on States to take steps to "combat discrimination between national systems of justice and indigenous systems." Mr. Alarcon's report also recommends to this Working Group that a study be considered on indigenous peoples and the administration of justice, and that such a study should "promote egalitarian and culturally appropriate justice".

Mr. Alarcon clearly recognizes that the Indigenous approaches to justice are distinct from the national systems. It is our experience, and there is ample literature that supports this position, that the Indigenous approaches to conflict resolution are also distinct from the national and international systems currently in place.

We therefore recommend that the UNWGIP explore Indigenous approaches to resolving conflicts, and that in consultation with Indigenous peoples, some new conflict resolution mechanisms be developed that are inspired
by traditional Indigenous values and beliefs. These new processes should then be available as options in all conflicts involving Indigenous peoples.

* Jose Yampis Chumpis Yampis, Achuarti Ijuntramu

There are two oil fields in the border area of our country and it covers a vast area amounting to half of Switzerland. We are represented by ATI. We are one of 64 Indigenous Peoples living in the Amazon area. We have strong autonomy in our national society. We want to protect our territory. Peru recognized ILO 169 to carry out prior consultations when carrying out activities in their areas. We immediately expressed our disagreement. We said the oil companies are causing problems to our land. In the period of 30 years, companies have polluted the river. Fish have destroyed our land. Decision has been taken to send an indigenous delegation to Lima so the government respects our decision. The government must respect the claims of our people. The Achua people demand the companies respect us we will apply our own cultural based strategy. If the state wants our respect, we demand they respect ours.

* Alicia De Hoz, Ministro Mision de Argentina

Progress has been made in recognizing the customary rights of Indigenous Peoples and measures to administer justice and to ensure indigenous rights. It is guaranteed in Art 75 of constitutional recognition of rights. The court rejected a report. The community possession and ownership is necessary. There are 216 schools where Indigenous Peoples attend. We are increasing bilingual schools and promote diversity. We have given hierarchical status to state institution to assist Indigenous Peoples. We are attempting to ensure that equal rights are ensured to the Indigenous Peoples. We would like to reaffirm our commitment to HR of Indigenous Peoples in the world and especially our region. I would like to thank the observer delegation of Argentina.

* Elia Rosa, Delegation of Mexico

We have a strategy to deal with conflict especially agrarian conflicts. There are working groups to assist to try to define mechanisms for conflict resolution. The National Commission with the Federal Agriculture provides for better coordination as a mediation mechanism as a conflict resolution mechanism. The prevention and identification have created a red focal area. These areas are resolved in the road toward resolution. I would like to say I will make additional comments under agenda items.

Suman Barua, SRG Welfare Society (Bangladesh)

Greeting from Bangladesh Indigenous people and may thanks for giving me the floor for presenting the present situation of Indigenous People in Bangladesh. I am representing the SRG Welfare Society which is an international organization mainly works for Bangladesh community. Our organization considers and works for the rights of Indigenous and Minority people's education, health, culture, technology and their economic growth. I am very much pleased to allow me to attend the 22nd session Working Group on Indigenous Populations going to be held UN, Geneva, Switzerland and help me to draw up the various problems about indigenous population of our country.

Respectable Mr. Chairman

Before talking about the indigenous peoples of Bangladesh, here I informed you that Jammu peoples, staying in the Hill Tracts area are the most ancient indigenous people living in Bangladesh. Apart from them the Barua community, Rakhain community etc, who are staying in plane surface area are also indigenous people of Bangladesh.

Here I also indicate you that the historical establishment of Bangladesh was so long when the Jammu People, Hindu and Buddhist people were the majority people in Bangladesh. Our religion and culture convey more historical movement. It was just five hundred years ago when Muslim people began to establish in this country and got incremented day by day, and they capture power. Now Muslim people are majority in Bangladesh.

After the independence of Bangladesh in 1971, Bangladesh government impose imposed army rules on the Jammu people in the Hill Tracts area and occupied the hill tracts area forcibly. Recently it is reached to extreme level after fundamentalist come to the supreme power of Bangladesh. They are imposing more trouble on the indigenous fundamentalist rules over the indigenous people and other minorities killing, rape women, physical torture, kidnapping forcible occupation of property, eviction of religious minorities, demolishing of deities temple, monastic, churches etc, of the indigenous people reach to the mortal level. Other religions peoples like Hindu, Buddhist living a very awful life in Bangladesh.

They are just leading an imprisonment life under the fundamentalist power and rules. I come over here as a conveyor of them and begging on behalf of the indigenous peoples of my country to take necessary step in this concern. Moreover we want to lead a free and freedom life and want to release from this fundamentalist rules. Since indigenous people had a highly appreciate participation in the independent war of Bangladesh.

Respectable Mr. Chairman

Although in the constitution of Bangladesh, it indicated that every people of Bangladesh would come under one constitutional rule. But in the reality it is no functioning in this way. Actually there are two constitution rules are now functioning in our country. One, called civil constitutional rules, for the people who are settle in the surface are another one is army constitutional rules that are implementing on the Jammu peoples in the hill track area. How far I know, according to the constitutional law, a country cannot rule under two constitution rules simultaneously. Why is this type of constitution being run in the present era? The government of Bangladesh always keeps the indigenous people under pressure. Even after independence the indigenous people haven't yet got their independence. As a result the Language, the Culture and traditions of the indigenous people of Bangladesh are getting faded away in this land due to the pressure of the government and fundamentalist.

Here I notice you that, on the 2nd December 1997, the Government of Bangladesh, and the leader of the tribes Mr. Jyotirindra Bodi Priya Larma signed a peace agreement on behalf of the indigenous of the hill tracts area. But the government failed to follow and implement this peace agreement. As a result we find the government of Bangladesh treacherous with tribe people, did not executed agreement. Yet the Muslim fundamentalist occupied the land and wealth. I beg to draw your kind attention to these speculated people.

Respectable Mr. Chairman

Among several awful incident I would like to explain some incidents that forcibly implement on the indigenous people of Bangladesh:

1. On August 26th, 2003, in Mohalchari under Chittagong Hill Tracts area, more than three hundred houses of tribes (Indigenous) were burnt with the help of Bangladesh Army and a child and an old man were killed, ten innocent women were raped and hundreds of people were wounded during this incident.
2. On May 27th 2003 The Bangladesh army forcibly occupied a Buddhist temple in Barlkal area in Rangamati, and changed the Buddhist temple into an 'Army Camp'. The basic rights of the human were violated in this incident.
3. On the 8th of Nov. 2003, In Banskhali, in the mid night, eleven innocent people belonging to the same family were burnt alive by the Muslim fundamentalist without any reason. We have not witnessed this type of pathetic incident in the world. Not only these, there many, many incidents I can continue to explain day after day. We are unhappy with the activities of the government of Bangladesh. The present government wants to fully demolish the tribes and the indigenous community in Bangladesh.

Respectable Mr. Chairman

All that we want is to lead a peaceful life. We do not want to lead a life, which filled with terror, killing, abduction and human torture. We want equal rights to be given within all the citizens of Bangladesh, in this 22nd session of Working Group of Indigenous population.

I hope I had drawn yours kind attention toward the suffering of the Indigenous People of Bangladesh and expect immediate action to be taken on behalf of the indigenous peoples of my country to ensure their free, freedom and peaceful life.

God bless you all. Thank you Mr. Chairman.
May all beings be happy.
Thanking you.

Mr. Suman Barua
Secretary General
SR& Welfare Society
121 Momin Road, Chittagong
Bangladesh.
Phone: 880-31-727894
Fax: 880-31-635971
E-mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Tatiana, Gogoleva, Consultative Committee of Finnougric Peoples

The indigenous peoples are created by God to preserve the health and prosperity of their lands. I would like to greet the first habitants of the Earth on the language of my peoples Mansi:

Pascha olen, tynyng rutmahmanuv!
Ma - vibanyn ourgalym, naj otyranjoet,
Torum -joet elal minne posynjoenh!

I represent two related peoples from the North of Russia: Khanty and Mansi. We have lost our lands with the discovery of the biggest oil and gas deposits in Russia and in the world. Numerous transfers from the original places of living without any compensation have left deep wounds in our peoples, and those wounds are still bleeding in the memories of the elder generations.

In 1992, as a result of our hard and persistent work with governments and industry representatives we have managed to maintain the legal rights of the first habitants of Khanty-Mansiysk to a part of their lands. With the receipt of legally binding documents on land the indigenous peoples became the full participants of the negotiation process between the government and the industry representatives. This 12-year experience of negotiation relations is unique in Russia. We consider this as our great achievement on the common matter of preservation of our rights for Land and natural resources.
In order to maintain and optimize this negotiation process we use the forces of various social organizations and movements in different ways. One of the main ways is the international conference "Indigenous Peoples. Oil. Law.", which will take place in two years.

We appeal to indigenous peoples and WGIP to cooperate on the matter of preservation of such negotiation process, which is oriented towards the elimination of the most conflict situations for our peoples. We appeal to the World Bank to consider the following when planning to invest in oil and gas projects: firstly to consider the interests of the indigenous peoples in the questions of the preservation of their lands, and secondly to promote the establishment of the adequate international compensation standards for loss of lands.

We consider that WGIP plays a very important role. The communication during the sessions of the working group inspires us to strengthen the historical roots and makes us optimistic about the favorable ethnic future.

Our suggestions to the Working Group of Indigenous Peoples: are to give more attention to work with regional organizations of the Russian North. Because, firstly the peoples of the North live in extreme climate conditions and, secondly, regional organizations are closer to the Indigenous Peoples who have preserved their language, material and spiritual culture and traditional way of life.
Thanks to these eternal common humanitarian values we have survived and are preserving our ethnic identity.

* Tania Edith Paralona Tarqui, Chirapaq “Centro Cultural Indigena Des Peru”

We believe Indigenous Peoples are the majority population of the world yet we are not given the opportunity to develop. We are aware that our rights are not respected. The vision that youth and Indigenous Peoples have for the future is that, we recommend, in education the indigenous identity must be supported. States must promote the rights of Indigenous children to consider social subjects. It is necessary to participate in areas that affect us. Youth should be provided opportunities. Indigenous Peoples should be in the national youth council to represent Indigenous Peoples since we are also social actors. We can show that media disseminate information that do not undermine our identity and also call for states to approve the DDRIP. A culture of peace and decent life for all are also requested.

* Ysaias Chapay Michel, Feconaca (Seiva Central, Peru)

Peace is not only the absence of outright war. It also takes the form of ethnocide and genocide invite all of mankind to engage in a resonate struggle of all fudnamental rights especially when it comes from political power. The word development means working with peace and social justice. Gender equity works in equality and there is local indigenous government. The political violence that affects the central forest of Peru is a matter of concern. We organized with the non-indigenous sector to work through this upheaval. We would propose that the executive, legislative and judiciary enact an indigenous law. The government should guarantee the rights of Indigenous Peoples when they come together. The government of Peru should make sure that the National Commission on Indigenous recommendations are enacted. We welcome the struggle by Indigenous Peoples and government to solve the trouble. Our organization is a founding member of the Indian Council of South America.

* Tomasa Regifo Pua, Fedemushaal

I am pleased to be here with you on behalf of the women’s association of Peru. This is my first time participating. The UN Decade comes to an end in December 2004 but the violations continue in most brutal fashion. Most countries don’t have laws to protect Indigenous Peoples. We see violence of all forms including genocide and ecocide. I call upon all friends involved in international cooperation to show solidarity with the Indigenous Peoples of Peru.

* Isabel Svasnabar Huaroc, Condecorep Chirapaq

We are being left without land. We are displaced indigenous families. We have to leave our people due to political violence. We are living in human settlements in big cities. We are suffering from marginalization. We lack documentation. The family structure is destroyed and we are Indigenous Peoples forced to live outside our traditional lands. We recommend that Peruvian government recognize our lands and that payment be just and commensurate. We also ask that government follow the recommendations of the Truth Commission.

Hassan Marmouri, Association Taralift

The history of humanity has known such a great number of conflicts that many of observers have considered them as motivating elements in the course of history. These conflicts that are due to, particularly, the difference between the individuals' or the groups' interests, still can be seen nowadays. It could even be admitted, with no risk of misleading, that our century is the one that is suffering the most from this phenomenon. However varied and numerous these conflicts are. They remain, in great part, either religious (Tibet, the Lebanon), or political (ex-Yugoslavia), or ethnic, as is the case in many regions of the planet. The Tuareg, whose territory extends over many countries (states), are victims of this last type of conflict, that is, ethnic.

I remind you that before the invasion by colonial French troops, the Tuareg used to live in the central Sahara in five independent confederations each of which had a very hierarchical political system under the authority of an institution called "amenoukal". Their territorial limits were known and recognized by all the adjoining populations.

But the French administration, after having dominating their territories at the beginning of the last century, has replaced their political organizations by a centralized administration with the creation of new borders which the new independent African states are going to inherit. These new states have also inherited the management and the colonial political system that established a Jacobin nation-state; this nation-state imposed a political and cultural leveling that doesn't admit any cultural diversity at all.

The major consequence for the Tuareg is political and cultural marginalization. The first response that these new states got when in 1964, in the Adagh of the Ifoghas, they claimed their right to be recognized as a distinct people on the new political map, was repression (extermination of entire groups along with their livestock, imprisonment of the traditional political chiefs).

The perpetration of these atrocities was met with complete silence in the international community.
Another consequence is that entire families have been to leave their territory and to give themselves over to exile. This considerably upset their political and social organization, and reduced them to gathering in refugee camps where they have become dependent on the international help.

But the Tuareg have not been not satisfied with the designation of refugee, consigned without any status and languishing in tent camps erected for them on the outskirts of great Saharan towns like Tamanrasset, Djanet, Timiaouine but they needed to change their situation. Thus we witnessed, in the mid-nineties, the start of a process of armed violence, which pitted them against the governments of Mali and Nigeria and that lead eventually to the negotiation between the parties after three years of confrontations.

The negotiations were carried out in very difficult conditions, and have lasted a long time with the intervention of other parties directly concerned with the Tuareg issue, such as France and Algeria.
The Tuareg demands on the Niger and the Mali consisted in obtaining cultural rights, political rights and socioeconomic rights. Even the negotiations have considerably contributed to positive change in the situation of the Tuareg vis-a-vis the States; however, their problems haven't been definitively settled. Indeed, the questions linked to development, education, poverty and human rights are still being asked today, even though a certain amount of progress has been made with regard to security.

It is clear that one of the problems caused by the conflicts where Indigenous Peoples are the victims is that governments hand down final resolutions without respecting their responsibilities to the victims of these conflicts who have no means at all, nor any guarantee that would oblige anyone to respect the decrees; this has changed it into an endemic conflict.

For these reasons we consider it right to formulate laws on a universal scale that obliges the parties in conflict to respect their engagements and to remind to the member states to respect also the different pacts and agreements they have ratified, particularly those about elimination of all kind of discriminations, and finally, to find final resolutions, not temporary treatments.

I want to thank the Chairman for allowing me to speak, as I thank the UN, particularly the High Commissioner for the Human Rights and the Voluntary Fund that permit me to take part to this meeting. Thank you for your attention.

Thierry Leung, Chagos Refugees Group

Mr. The Chairman, and members of this working session, Warm greetings to you again from Chagos Islanders. Our struggle, hurt and suffering started ever since we were uprooted from our homeland, the Chagos Archipelago between 1965 and 1973. Food supplies were cut, our jobs were cut-off and all islanders were forcefully put on board of Indigenous Peoples just like cattle after that all our domestic animals were gas-chambered in from of our very eyes. The journey to Mauritius, then a foreign land, proved lethal to some who died during the trip and who were thrown at sea and some who, in despair, would rather commit suicide by throwing themselves at sea rather than to face the hard facts. To date, besides struggling for survival in our adopted nation, Mauritius, our sufferings are being exacerbated by the arrogance of the UK, to which the archipelago previously belonged and which is now leased out to the US for its military base.

In order for the lease of the island to the US to be made possible, the UK passed legislation in 1971 to prevent anyone access to the islands, including us, the indigenous. We challenged that in before the High Court of London and won a historical victory on November 3, 2000 by obtaining the right to return to our homeland and thus foresee the possibility to foot the land of our forefathers again. Following this landmark success, we lodged a claim to the UK government for compensation as a result of the exodus and exile. The UN also recommended these actions. But the arrogance of the UK soon revealed itself again when they lately curbed the ruling of the High Court ofLondon in our favour and by curbing even the Parliament to enact a law preventing us from returning to our mainland again. Indeed, on June 10, 2004, access to our islands was closed again by an Order in Council. It is good to point out that most members of the Parliament were not even aware of this new legislation and were shocked to learn it from outside!

Our struggle is still continuing by the grace of God without whom we are nothing. He has given us the right contacts, the right reasons to fight and above all the hope to, one day, pay tribute over the graves of our ancestors. The link of our identity was broken some 3 decades ago and we are still collecting the pieces and trying to mend them. Our culture is being submerged. In the mean time, self-proclaimed champions in human rights are trying to police the world while at their doorsteps, they are violating these and refusing to recognise their own shortcomings. "Remove the pole in from of your own
eyes before trying to remove the straw in the eyes of your neighbor" goes the saying but this does not seem to be their motto. Neo-colonialism instead seems to be theirs.

Our current struggle for justice and conflict resolution is now being continued through bringing the case before the European Court on Human rights as well as the International Court of Justice at La Hague. Even the late Order in Council enacted will be challenged by us in court. How can a small people group like us dare challenge the UK and the US? It seems an impossible conflict to resolve,
but we stand by our convictions that justice will prevail even if we know it will take a long, long process. For that purpose, any help from your side will be the most welcome.

Simon Parkesui, Oguek Cultural Initiatives Programme (OCIP)

I am the only one at the Working Group this year representing the Ogiek Indigenous Peoples.
The Ogiek are about 30.000 peoples in Kenya, and are mainly found in the Mau forest and the Rift Valley province.

The main problem facing the Ogiek is eviction from their ancestral indigenous peoples forest by dominant ethnic groups. The Ogiek community has not been given the legal rights to their ancestral land. Also, the former government of Kenya has never recognised them as being indigenous. We hope that the current government will recognize them as Indigenous Peoples.

Our focus as an indigenous organisation is to assist the Ogiek in getting the legal rights to their land, so that they can educate their children and their community. Also, we want to protect the Ogiek culture and the environment were they live.

We want to ask you, the Commission of the United Nations Working Group for Indigenous populations, to urge the government of Kenya to recognize the Ogiek as Indigenous Peoples.

The Kenya government is now in the process of making a new constitution. Therefore, we would like to ask you to remind the Kenya government to include the land rights of the Ogiek in the final constitution. We urge the relevant organisations and agencies to get involved in a significant coordination and sustained effort to support the Ogiek getting the legal rights to their land.

Viktor Kaisiepo, Dewan Adat Papua

With the general election in Indonesia underway we, in Papua, are looking forward for a move into a more open and democratic Indonesia. The offered Special Autonomy Law for the indigenous peoples of Papua, notably the installation of a Papua Consultative Assembly, has never been implemented until this very day.

Dialogue
In your paper you have given some possible solutions as recommended for the current and future conflicts. However, we noted with respect and regret that you do not mention the positive elements in the sphere for Conflict Management and Conflict Transformations.

The Papua Customary Authority (Dewan Adat Papua) and the civic society as a whole, has declared West Papua as a Peace Zone. It has been a daily and main activity of my leadership in managing (in) direct sources of conflicts. At the same time we are looking for a durable solution in a process to transform the various types of conflicts as faced by the Papua indigenous peoples.

It is our belief that through a genuine, open, transparent and peaceful dialogue between Jakarta and Papua we may find a solution. It also our belief that Third party involvement Is vital in brokering a dialogue should be included in your paper as an important element and principle in your study.

Military
The influx of more military into the Papua Province and the non implementation and non recognition of Papua indigenous characteristics by Law and the lack of trust and confidence between Jakarta and Papua does not help (a process) to minimize the nature and level of conflicts in Papua.

We also noted with great expectations your excellent recommendations. We are hopeful that your call - as reflected in your study - will also seek and find some mechanisms, ways and venues to directly deal with the military presence and its (secret) operations under the pretext that you mentioned (national security) to harassed the whole society, in particular in Papua.

We therefore call on your, to further develop the potentials of conflict management and conflict transformation as positive elements into your study, in particular the role of the military

We welcome your scheduled Breakout Group as interactive engagement between the Member and the participants for a more in depth discussion as our collective responsibility and as our contribution into your Study and we would draw your intention in particular to study in depth the role and position of the military related illegal economic income generating activities and their impunity needs your special reference in your document.

*Ana Maria Prieto, Government of Colombia

The Colombian government has adopted important measures. The department of ethnic groups in the interior department is working to create a way to gather statistics. The adoption of measures is in consultation with Indigenous Peoples. There was a community council. He met with his brother and shares the table with Indigenous Peoples. The elders of the Indigenous Peoples joined in discussion with the President. The presence of police and soldiers was to restore order. The forest guard program links.

Estebancio Castro Diaz, Joint statement on behalf of 20 organizations

The above organizations at the WGIP July 2004 welcome the decision of the experts and chair to prioritise the issues of conflict and conflict resolution and prevention in the context of Indigenous Peoples' situation and experience.

The principles of peaceful co-existence and harmony are the basis of indigenous cultures and worldviews. Our understanding of the universe and everything that exists in it, from so-called inanimate to human beings are embraced as relatives, brothers and sisters, ancestors, progenitors and to be revered, each in its own way and respected for its contribution to the world. Over the long histories of our peoples we have developed an understanding of and tested strategies for prevention of hostilities and conflicts, protocols for the establishment and enforcement of controls over the extent of violence and maintenance of peace. These strategies and protocols include the acceptance of unbiased third party arbitration, adjudication forums including all parties to the hostilities and those other parties who may be affected by such conflict or the resolution of it, adherence to the decisions of such arbitration or negotiation mechanisms that have been agreed to, and the employment of the arts of conciliation and negotiation.

Principally, the respect for the rights of all existing entities to be as they are to continue their own modes of existence without undue interference, oppression or exploitation is the denominator underlining the values of peace and the strategies for conflict prevention and resolution in indigenous cultures.

Armed conflict and other confrontations affect a disproportionately large proportion of Indigenous Peoples in the increasingly globalized world. It is well known if rarely acknowledged that Indigenous Peoples, despite our fundamental values of peaceful co-existence and mutual respect with not only other peoples and nations but with all forms of being and our comparatively small populations are compelled to host in our ancestral territories and to engage as parties in virtually every current armed conflict.

Similarly it is evident that the strategies and initiatives employed to prevent or resolve these conflicts have rarely had long term or perhaps any substantive success. The causes of these conflicts are complex rather than direct, often the result of a subtle and intractable interplay of historical, economic, geo-political and cultural forces from the mainstream, dominant societies within which Indigenous
Peoples are compelled to function. In the simplest terms, as articulated in the Working Paper on Indigenous Peoples and Conflict Resolution submitted by Mr. Miguel Alfonso Martinez, the denial of recognition of Indigenous Peoples' fundamental rights to identify as peoples and nations, lands and territories, self-determination, control over natural resources and respect for indigenous cultures instigate and sustain most of these conflicts.

The absence of appropriate international juridical processes or the denial of meaningful and equal access to such processes as do exist further aggravate the inclination to conflicts since domestic remedies are not available. Such issues are perceived to impinge on sovereign rights and exclusive prerogatives of States, to which even those indigenous nations and peoples that are recognized as such are not privy.

Effective and satisfactory avenues of redress for grievances or adjudication of justice and treaties violations are seen as unavailable leaving no recourse for conflicting parties but to continue or even escalate such conflict.

Current disputes over legitimacy of contemporary States have inflicted a large number of Asian countries; occupation and the modes of governance by recognized states over sovereign and independent indigenous nations are also resulting in armed conflict over several decades. Less violent conflicts, often over the implementation of treaties by those states designated as successors to colonization have a similar potential to violent expression given the increasing inattention to such claims.

The occupation and maintenance of military apparatus, including bases, training activities, dumping and disposal of hazardous materials and abandonment of arms in territories of Indigenous Peoples are also a growing area of dispute.

Disregard of claims to ancestral territories, lands and natural resources, disproportionate or enforced dispossession of such land related rights, or inequity in benefit sharing are also major causes of conflict whether armed or other, in every situation.

Endemic and historical cultural discrimination by dominant social groups, expropriation of indigenous cultural properties and heritage whether tangible or intangible are fertile ground for breeding conflict. These in particular are requiring a more aggressive and violent character as just reparation, remedies and resolutions consistently escape the reach of Indigenous Peoples.

The relentless demand of corporations and industry for both raw materials and markets in indigenous societies and territories also aggravates the other causes of conflict, especially since the scale of these is severely compromising Indigenous Peoples' survival as people and as nations. These threats to survival are economic and environment related. Biodiversity depletion and climate change are so drastically impacting our peoples that island states are in imminent danger of submergence, polar regions are undergoing immense ecological imbalances and sensitive water and genome reserves are being destroyed by pollution and depletion.

Domestic remedies and justice processes are perceived by Indigenous Peoples as ineffective and inappropriate for issues that are essentially international in scope. The only basis for ending such endemic burgeoning and multiplying conflicts will be the full and unrestricted international recognition of the rights of Indigenous Peoples and the clearance of access into international juridical systems. In the interests of a true and endearing peace, it is our sincere hope that this prestigious forum, the Working Group on Indigenous Populations will make the following resolutions and recommendations to assure such recognition and access.

RECOMMENDATIONS
1. To ensure that through the processes and in the text of the Draft Declaration and other appropriate legal instruments international and domestic, the unrestricted rights of Indigenous Peoples to their own identities, lands and territories, self-determination, cultures, resources, governance systems and judicial processes and systems are recognised protected and promoted at domestic and international levels without hindrance.
2. To ensure that treaties and agreements, all over the world, including those that pre- or post-date the medieval European colonisation of territories, and that do not conform to European models of treaties and agreements between Indigenous Peoples, and between Indigenous Peoples and other entities including corporations and modern states, enshrine the above principles and that of free prior informed consent in all decision making that affect indigenous peoples or that may prove to affect them in the future.
3. That the equal and full participation of Indigenous Peoples in negotiation and justice and arbitration systems of their choice including their own are ensured, respected and supported at domestic and international level, are acknowledged as appropriate platforms of negotiation and arbitration and which decisions are recognized as binding on all parties who agree to participate in them at international and domestic levels.

Lubin Martinez, United Peoples Assembly USA

Conflict resolution is a relational process to resolve problem. People will do it if it is easier to not participate they will. An integral part of the process is listening and understanding. We must also take the interest of others. Indigenous Peoples square off with state sovereignty. International treaties and globalization increase the challenge. It has been mentioned that Indigenous Peoples were not consulted in international law. Now is the time to make us relevant in international law. We must develop the strategies to ensure them. We Indigenous Peoples must invent creative institutions. The real work lies within us. We must invent new options and reassess our priorities. Now one is really paying attention. We endorse Littlechild’s call for action. It is about us. We as Indigenous Peoples have been victimized. I ask you consider today to being victimized and being a victim.

Colette Mikila, PIDD-KIVU

I would like to take the floor for the development of the Pygmie people in the DRC. I would like to congratulate you on your election and tell you about situation of Indigenous Peoples in Africa. Pygmie women in DRC face conditions. Indigenous Peoples women face special setting in Africa. Their lifestyle is linked to the environment they have a duty to protect. They can exercise that work and they must be allowed to without conflict. Conflicts undermine the stability of indigenous women. Let’s think of rape and the loss of dignity and the moral decline as well as inability for initiation rights. The DRC is on fire. The war has made the cities into infernos and our areas is where armed gangs kill and steal and rape due to economic designs they live. Some of the hostilities have an ethnic component. We need strengthening of African NGOs. The international community should stop these conflicts.

Francoise Jasniewicz Jaffiol, Yawints’Arutam Mura

Our statement concerns health, education, medicine and resources. We must preserve our culture no matter the advance of globalization. The preservation of traditional values attest to the vitality of our practices which is part of the collective conscience of mankind. The Shwar care for the Amazon region. The diversity of plants does not only benefit the Schwar and Quecha they also benefit the whole world when Western scientist come to do research. The Schwar are deeply concerned about the decline in flaura and fauna. We are also concerned about sacred plants that grow along rivers. Many rivers suffer from pollution. We call for Schwar to be recognized as guardians of the forest. They have deep knowledge of the environment and will always fight for the forest. We always push for permanent position of Indigenous Peoples in health area and in area of policy for traditional medicine.

Anna Pinto, CORE (India)

That is exactly what I intended to do. For my people, I would like to directly point out that at the presence there are massive rallies and shoot on site orders. In order to see what can be done, the government of India must review its laws. Further in the interest of peace, government of India must realize this is what happens when Indigenous Peoples are denied recognition of rights. These agreements of rights must be respected. These violations are being reinforced by draconian domestic legislation that violates international laws and standards. India must make sure that impunity is not afforded to those that violate standards. The continuing denial will lead to our extinction. States are complicit and therefore frustrate all possibility of resolution. We urge the UN WGIP to take acknowledgement. We ask for the UN WGIP to include and focus on every year.

Nolasco Mamani, CISA

In the case of the conflict, other states don’t intervene when Indigenous Peoples are involved. The nature of conflict of invading states is based on the rules by the state. We decided to have a body to investigate in the field to investigate. A discussion group was created to coordinate a PFII. Governments presented PFII without the ability to examine conflicts. Thus the possibility was cancelled out and a large number of situations were managed by political tends. We want a UN body to intervene.

Rosa Colle Devalle, Fundacio Privada d’Ajuda I Procio de les Cultures

One of the basic causes of the conflict is land dispute. ILO Convention 169 as well as the DDRIP there is no question that the land issue must be resolved. These treaties cannot be implemented retrospectively. If the treaty cannot be retroactive how do we get the lands that Indigenous Peoples have been raising before? There is the issue of militarization. An important issue is also the weapon sales. The paper talks about Indigenous problems around privatization. We have never been colonized but we have faced serious problem.

Shankar Limbu, Lawyers Association for Human Rights of Nepalese Indigenous Peoples

Indigenous Brothers and sisters respected Fellow Journalists, Distinguished Ladies and Gentlemen.
We consider that the principal theme of the Working Group is most relevant to the current situation of Nepalese Indigenous peoples who arc suffering from violent conflict started by Maoist since 1996.We have been experiencing mat the undergoing conflict is affecting adversely to the Nepalese Indigenous Peoples. There are huge number of cases of Indigenous human rights violation including mass murders, mutilation, abduction, rape; torture, electrocution, use as the human shield, and child soldiers and so on. Government and Rebellion are equally responsible for me violation of the human rights of indigenous peoples. Over 3061 indigenous peoples were killed, 4897 were abducted and disappeared, and over 2,00,000 were displaced within this year only.

Mr. Chairman,
There are mainly three reasons behind the present conflict from the prospective of indigenous Peoples. First, defective state structure second, discriminatory laws and Policies third, denying of addressing the indigenous issues by the state, Due to the defective structure of the state Indigenous Peoples who constitute 60 of the total population are excluded and marginalized from every sector of the state including policy making and decision-making bodies.
On the other hand 24 Hindu (mainly Bahun and Chetri) people are the overwhelming dominant group in every sector holding preferential position in the state, which is perpetuated since the formation of me state, conquering the indigenous ruled territories. In 1954 the first consolidated act Civil Code was promulgated to legalise Hindu Caste system that was targeted to destroy indigenous peoples from every aspect. The Code classified Indigenous as the low status and Hindu as the supreme status. Which was the root cause of the disparity between Hindu Castes Groups and Indigenous peoples, consequently Indigenous peoples have been facing various forms of discrimination and injustices from the very beginning. The constitution of Nepal 1990 declares Nepal as the Hindu Kingdom, even though the country is pluralistic in terms of Culture, language and Religion.
On the other hand, the constitutional provision about the official status to the Nepali Khas Language and ban of official use of Indigenous language by me Supreme Court is against to right to notice and right to fair hearing. Indigenous peoples do not have Political rights, their human rights and fundamental freedom are restricted, and the Indigenous children do not have right to obtain education in mother tongue. There are 28 discriminatory national laws including Land Reform Acts 1964 and Forest Act 1992 which prohibits indigenous peoples' access over land and resources in which they are depended on.
Despite of their long struggle, the number of issues raised by indigenous peoples and their respective organizations, never been addressed by the state. They are demanding secular state, official status to indigenous language, and affirmative action for equal opportunity to coup with poverty, proportional representation, and ethnic autonomy with right of self-determination, legal guarantee of representation, participation and consultation, reinstate of their confiscated lands and resources, which must be addressed for effective resolution of the conflict by the state, because Indigenous peoples are being used by the rebellion by raising these issues. On the other hand speculating indigenous peoples as the supporter of Maoist creating the terrible situation of counter production mat fuelling the conflict.

Respected Chairman
I'd like to make recommendations on behalf of Nepalese Indigenous Peoples. Unless there is a guarantee of consultation, representation, and participation of indigenous peoples in every sector including policymaking and decision-making bodies, which directly affect them, they have never been included with in the state framework, which is key factor of conflict resolution. The United Nation should take necessary initiatives including making new standard to mitigate and to protect the indigenous peoples from conflict.
UN should lobby to stop supplying me weapons that is used to commit mass cold-blooded killing of indigenous peoples as well as others.
The United Nation as well as International Organizations and the international communities should facilitate indigenous peoples for inclusion when peace dialogue occurs to address their issues and demand for the conflict resolution.

Government of the UK

The government of the UK would like to make a short statement about Mauritius. The British Indian Territory is British since 1814. It doesn’t recognize Mauritius claim. Maruitusi can have claim when no longer required for defense purposes subject to international law. The British government says when the time comes it will work closely with Mauritius.

Jean-Pascal Obembo

I would like to present some information. One speaker in his statement made a number of points but I don’t know if the individual is aware that there are regional African instruments to deal with issues to give specific forums to issues in the forum.