Les Malezer, FAIRA

Mr. Chairman we note that the International Decade of the World's Indigenous Peoples is almost completed. We are fortunate to have available the advance draft report of the Secretary General on the review of the decade (E/2004/82) and we can see from that report the important results to this instrument, to bring attention and focus to the many issues facing Indigenous Peoples everywhere.

We agree with the assessments in the review report, and highlight that the review found significant progress within the United Nations and international community. It is unfortunate but gratifying that the review also realized that States have been less forthcoming during the Decade to implement or abide by the Program of Action. The report states:

A further challenge relates to the implementation by States ... This constitutes the real test of the Decade for if there have been few or no measurable improvements in the living conditions of indigenous peoples in many communities, the work of the ten years may be deemed incomplete.

This means the UN may need to review with Governments and indigenous peoples the way in which indigenous issues have been addressed in country programmes, looking at how indigenous priorities are incorporated into national and regional strategies, promoting a human and indigenous rights-based development, and strengthening inter-agency cooperation around common goals that have been identified and endorsed by all partners [sic] in the development process.

Mr. Chairman we believe it is you wishes that we do not waste valuable work time explaining the history of our experiences, and that we come to the point of how to progress. In accordance with those wishes we wish to simply state, in the situation of Australia, the relationship between the national government and Indigenous Peoples has so rapidly deteriorated, and the balance shifted to racist domination and punitive actions, and the capacity to improve living conditions so diminished, that Australia, as one government, has failed to meet the Secretary General's test on measurable improvements. I trustee members of the Working Group do not require further evidence on these points but will be happy to provide them to the secretariat upon request, perhaps in the form of official human rights reports by the National Human Rights institution.

We state, most emphatically, that there must be a second Decade on the World's Indigenous Peoples because the progress made during the first decade is not sufficient to allow attention to be diverted from the most important of issues - our livelihood, security and capacity to improve and develop as Indigenous Peoples OUT THERE, where our daily existence is continuing as a struggle for survival. It is our view, and this is also clearly the assessment of the review, that the gains made during this decade are not by any means sufficient for us to be satisfied of ongoing progress.

It is not fanciful to suggest that most Indigenous Peoples remain unaware that the Decade has occurred and have not seen any evidence of the program of actions.

To reiterate this point, Mr. Chairman, the ten-year stagnation of the Draft Declaration, the creation of the Permanent Forum and the appointment of the Special Rapporteur, are all only the very initial stages of any improvement in our situations. How long will States, like Australia, defer efforts to implement the many, many international agendas, programs of actions and human rights goals in their own countries?

We note, Mr. Chairman, that the last session of the Commission on Human Rights averted the call for a second decade on human rights education by deciding to support a program of action on human rights education instead. We cannot support a similar approach in our situation. We need a second Decade on the World's Indigenous Peoples, and we need to ensure that the Decade is adequately promoted and supported around the world.

RECOMMENDATIONS To give some guarantee of implementation of the Program of Action in a second decade my organization advocates that a Board of Management, for the Program of Action, needs to be established, with the maximum participation by Indigenous persons. We are generally satisfied with the program in its existing form. In a second decade there must be more resources available through the Voluntary Fund, and we hold a very real EXPECTATION that all of the 70 States who have Indigenous populations living in their boundaries would contribute to that fund throughout the decade. We have proposed in a separate intervention that the two voluntary funds be combined. We further propose that the Board of Management for the Voluntary Fund also be the Board of Management for the Second International Decade. You will be please to note, Mr. Chairman, that we have already made these recommendations to the Commission on Human Rights, at the last session, and we await any ECOSOC decision during their current sitting in New York. We hope the Working Group will be able to encapsulate in the report, from this session and agenda item, the expectations of Indigenous Peoples for a second and successful decade.

*Jimai Montiel, Fundacion Alitasia (Venezuela)

This bout of activities for Indigenous Peoples around the world, the UN Commission on Human Rights staged a seminar on the administration of justice for Indigenous Peoples. It was intended to set up a voluntary fund. Over 24 indigenous representatives worldwide specialists established a report under the guidance. At the seminar two issues were dealt with: Discrimination in the justice system and the enforcement of equal justice. The second point was the link up of common indigenous law and modern states. Indigenous expert from Venezuela recognized indigenous justice with indigenous experts respected in courts of law. When judicial officials recruit their staff they have an obligation to recruit indigenous staff members. We hope we can have special programs against drug trafficking and women are used. We request the working party to prepare work for equal justice for Indigenous Peoples. We request that the Human Rights condition as an ongoing point in the agenda.

*Vicky Tauli-Corpuz, Joint statement: Tebtebba Foundation; Asia Indgenous Women’s Foundation

We feel the decade has definitely raised the awareness of Indigenous Peoples. There were efforts even if they were token efforts. Many governments that have come up with national law or policies on indigenous peoples. We cited earlier the Philippines with the Indigenous Peoples Rights Act 1997. It was also influenced by Indigenous Peoples in the global arena. If we had not come to the UN WGIP and kept involved in the drafting of the Draft Declaration on the Rights of Indigenous People (DDRIP) we wouldn’t have been armed to lobby our own government to create a national law. This law is basically following the framework of the DDRIP. This is one of the clear results of the exposure of Indigenous Peoples in the global arena. It is also a result of the decade. In other countries, we have seen laws in Colombia, Argentina, Bolivia. We have countries that also have to come up with own policies to do development aid work. Even, EU has a policy on Indigenous Peoples in regard to development. The big achievement is networking by Indigenous Peoples that gives shape. We come to the WG and link up with each other. It is really the most crucial component. We have presented a global framework in which we are all coordinating together. We have strengthened the movement at the local and global level. There are women and youth groups that have emerged. Altogether, if we look at the decade and there has been little resource, Indigenous Peoples have made use of the little amount of money to organize them to influence international conferences and even national policies. This is really the need for a second decade. The gains we have achieved have really to be enhanced if we have a second decade. We would like to support all the proposals for a second decade.

*Roy Devasish, Joint statement: Taunya; Adivasi Forum; Trinamul; OCJSS; PCP and Kapaeeng

One of the recommendations that is also discussed on conflict resolution of a seminar. We had suggested that a high focus be put on Asia because there are a large number of conflicts, peace accords between states and Indigenous Peoples that are being unimplemented. I believe Miguel Alfonzo Martinez also noted our special request and put to us why we were focusing on a specific region but because we want to make sure that in the future seminar all regions of the world have an equitable and fair focus. We did not find a strong enough focus on political arrangements, which may not amount to treaties. We would like to have a focus on areas without specific treaties.

*Ambassador de Alba, Government of Mexico

The result is a mixed bag in the eyes of the HCHR. First of all, the first anniversary of the DDRIP we find that with this process it has come to a standstill. We believe that our best hope is the PFII and to establish a broad based action program in order to give goals of a second decade. The PFII is a broad based organization with ample rights. We can coordinate issues related to Indigenous Peoples in the UN system. The PFII can establish guidelines that make it possible to bring the issue of Indigenous Peoples into the mandate of each and every UN institution. We support the prompt approval of the declaration. We urge the WGIP to have new options such as suggested by Hampson. Procedures and programs within the UN in connection with Indigenous programs would be good. I would like to restate the support for a second decade for Indigenous Peoples based on the work of the first decade.

Shoko Oshiro, Asia Indigenous People Caucus

1. The implementation of the program of action of the IP decade has certainly raised the profile of indigenous peoples at the international level, and has thereby opened up more space for indigenous peoples from national, regional and international mechanisms. One of this is the establishment of the United Nations Permanent Forum for indigenous issues of which indigenous experts are given equal seat with governments and that more attention, support and cooperation of UN agencies in relation to indigenous peoples issues is now becoming visible. 2. The Voluntary fund for indigenous populations and the fund for the Indigenous peoples Decade has made significant and strategic impacts in terms of greater and wider participation of indigenous peoples in UN mechanisms in relation to indigenous peoples, and in capacity building, networking, and advocacy work from the grassroots level to international level. We wish to underscore the invaluable contribution of the voluntary fund for the IP decade as being accessible to grassroots IP organizations, small in amount but with high impact. These can be seen from the experience of IP organizations in India, Bangladesh and the Philippines, among others. 3. One of the objectives of the Decade is the declaration on the rights of indigenous peoples, which, unfortunately remains controversial as some governments continue to refuse substantial elements of the inherent rights of indigenous peoples. This is one major concern for indigenous peoples in Asia, especially in the light of the continuing denial and systematic violations by some governments on the individual and collective rights of indigenous peoples are worsening. It is then critical for us that the declaration on the rights of indigenous peoples be given an urgent attention for its immediate approval in less than 3 years.

RECOMMENDATIONS: 1. In order to build on the gains of the decade, we then strongly recommend another decade for indigenous peoples to be immediately declared on or before the end of the year. We then appeal to Asian governments to support the request for another decade, and to commit themselves to also support its program of action. 2. That the program or action of the second decade should include promoting partnership at the national and regional levels, activities with strategic impacts in capacity building for the promotion and protection of indigenous peoples rights 3. For the UN Voluntary fund for the Indigenous People (IP) decade to continue and contributions from governments and private institutions should be increased. Further, to explore the possibility of setting up a fund for indigenous peoples as part of the second decade, in order to significantly and strategically increase the needed support, especially by grassroots IP communities and organizations all over the world. 4. We understand that though the IP decade is almost over there has been no decision regarding the approval of a second decade. We feel that this should not affect the continuation of the work of the WGIP. Though many themes have been discussed, -'militarization’ in Indigenous Peoples territories that threatens survival of IP has not been addressed in the WGIP during the IP decade. Therefore we strongly recommend that the above mentioned theme should be addressed in future WGIP meeting as soon as possible, preferably in 2005.

*Nadir Bekir, Mejlis of Crimean Tatar People

One thing I would like to think about this question is that the first decade had a special task to regulate and to settle in practical terms most of the problems that were demonstrated or appeared during their activity during the Working Group. I mean that even in 1994 it was obvious that most of the problems of Indigenous Peoples are the same. It didn’t depend on the geographic distribution or race or skin color. All governments realized that Indigenous Peoples there wouldn’t be justice on earth if rights wouldn’t be recognized officially on the international and national level. During the decade there were a lot of attempts to solve the problems and what do we see in the end. We see the situation is practically the same. Instead of second decade, we are proposed to some educational programs. For whom education? For Indigenous Peoples, they are good educated on the Draft Declaration on the Rights of Indigenous Issues and ILO. They are also aware of rights as a whole. We see a lot of governments in the halls. We know that governments don’t know about indigenous issues. It is not only legal text but generally in international law and basic principles. I am strictly against moving a decade to general educational programs. Everyone that has justice in their heart push for a second decade. During this decade a program of action that would be concentrated on pragmatic and practical solutions.

Mikhail Tody Shev, Russian Association of Indigenous Peoples of the North (RAIPON)

I would like to talk about the timing of summing up the decade during the 22nd. I would like to organize a seminar to see the results of a decade identifying obstacles and look at progress that was achieved. The WG also supported initiative of a second decade. Before proclaiming, it is important to assess the first decade. If we only have five months, we do not have any information on the decade. It is unclear how it can take place at the UN. We should think that the UN General Assembly would have to decide on a second decade. There would be a technical conference and then create program of action for a second decade. We believe steps should be taken by the newly appointed HCHR. The format of the forum would it be a seminar or would it be possible to have an international conference as a forum to assess the decade. During the first days of the meeting at PFII, Russia promised to host a conference on the rights of Indigenous Peoples. RAIPON supported it and hopes to host a conference. Unfortunately, the government of Russia didn’t take any steps. Today, in Russia there is no federal body that would deal with the preparation of such an international event. As a result of administrative reforms, the post on nationalities and planning group as a commission was abolished. The Indigenous Peoples of Russia are puzzled. Who made the decision? Which ministry will be dealing with state national policy? At the end of the decade, a second decade would be important. There should be an international seminar to address the decade in 2004.