Betreff: Poverty is a major obstacle to indigenous
rights
Von: "ECOTERRA Intl."
Datum: Thu, 26 May 2005 00:32:11 +0300
PARTICIPANTS IN INDIGENOUS FORUM HIGHLIGHT DISASTROUS EFFECTS OF
POVERTY, CONFLICTS, LACK OF ACCESS TO HUMAN RIGHTS EDUCATION
(2005-05-25)
CL
As the Permanent Forum on Indigenous Issues continued its fourth
session today, participants highlighted the disastrous effects of
poverty, ongoing conflicts and lack of access to education on the
achievement of full human rights, and stressed the urgent need to
complete the draft declaration on indigenous rights.Describing poverty as a “major obstacle” to indigenous rights,
Rodolfo Stavenhagen, Special Rapporteur on the situation of human
rights and fundamental freedoms of indigenous peoples, noted that
indigenous poverty indices were higher than national averages, and the
consequences of poverty were more severe than for other populations. In
such populations, poverty referred not only to low-income levels, but a
lack of social services and water resources, as well as ancestral lands
and other natural wealth.
He added that persistent poverty among indigenous peoples was due to
continued denial of their basic rights, stressing that government
policies must consider them in attempting to eradicate it, especially
the right to primary education. Educational policies respecting
cultural diversity and bilingual education were now being implemented,
but indigenous completion rates for primary education were still far
too low, and linguistic and pedagogical problems had yet to be
resolved.
Extending the Rapporteur’s argument to land rights, the representative
of the Congress of Aboriginal Peoples emphasized the strong link
between poverty in many aboriginal communities and the rights to life
and land. Quoting a report calling on the Canadian Government to close
the gaps between aboriginal and non-aboriginal human rights, he noted
the slow pace of settling land claims and the tendency to include
clauses in agreements that asked indigenous peoples to give up their
inherent rights.
Addressing human rights and ongoing conflicts, a representative of the
Enlace Continental de Mujeres Indígenas Región Sud
América underscored
the tragic results of violence against women and drug trafficking in
Colombia’s ongoing war, lamenting inadequate State actions to protect
indigenous peoples. Similarly, the representative of the International
Alliance of Indigenous and Tribal Peoples highlighted State-sponsored
repression in Nigeria. Rich natural resources there had been a source
of State-sponsored repression, including shootings and bombings that
had killed many indigenous people, including women and children.
Calling for demilitarization in the indigenous Niger delta
oil-producing communities, he urged the Nigerian Government to ensure
the genuine participation of indigenous communities in constitutional
decision-making.
Speaking for the O’odham VOICE against the WALL/Traditional O’odham
Communities, its representative said increased militarization along the
United States boundary with Mexico had led to verbal attacks on
indigenous peoples, unlawful searches, and lack of access to
traditional routes. Adding that the United States was constructing
fences with no respect for uncovered indigenous remains and artefacts,
she called on the Special Rapporteur for indigenous rights to
investigate such activities.
Several speakers also emphasized the importance of rapidly completing
and adopting the draft declaration on the rights of indigenous peoples,
expressing frustration that the working group’s working methods had
held back on adoption of some of its articles. Noting that the United
Nations had been trying to complete the declaration for 24 years, a
representative of the Grand Council of the Crees stressed the need to
lay down some clear criteria, and assist the inter-sessional working
group in its deliberations. She suggested that the working group adopt
a new and dynamic method of work with the full indigenous
participation, and invite the Special Rapporteur on indigenous rights
and other experts to attend its formal and informal sessions.
Also today, the Forum focused on the importance of disaggregated data
(separate from national and other statistics) on indigenous peoples,
noting that it was sorely lacking, although it could be invaluable in
addressing indigenous concerns and kick-starting programmes to achieve
the Millennium Goals. The representative of Bangladesh Adivasi Forum,
said statistics for literacy and educational status followed religious
criteria, rather then indigenous ethnicity, and that data for public
jobs held by indigenous peoples were non-existent.
Also discussed were the Forum’s previous themes on indigenous women and
youth, with speakers stressing the need to consult women on programmes
to meet their needs, improve their sexual and reproductive health,
reduce infant mortality, and free women from cultural biases. Regarding
youth, speakers expressed dismay at the continuing exploitation of
children in some nations, as well as the need for improved education
and health facilities. A representative of the Caribbean Antilles
Indigenous Peoples Caucus and the Diaspora proposed that the Forum
recommend the Caribbean Antilles as a priority area for studies on
indigenous urban youth, and that an international youth conference be
held in the Caribbean.
The representative of Fiji, Nepal, and Chile also spoke, as did
representatives of the Working Group on Indigenous Populations, the
Office of the High Commissioner on Human Rights, Statistics Division of
the Department of Economic and Social Affairs, United Nations
Population Fund (UNFPA) and the Secretariat of the Convention on
Biological Diversity
Statements were also made by representatives of Asia Caucus, Pacific
Caucus, African Caucus, Assembly of First Nations, Seventh Generation
Fund/American Indian Law Alliance, Indian Treaty Council, United
Association of Khmer Kampuchea Krom, Russian Association of Indigenous
People of the North, Russian Association of Finno-Ugric Peoples.
In addition, speakers included representatives of FEINE/CONMIE, World
Adavasi Council, Coordinadora Nacional de Mujeres Indígenas del
Estado
Brasilero, Asociación de Cabildos Indígenas del Norte del
Cauca, Youth
Caucus, Indigenous Children’s Caucus, Bangladesh Indigenous Peoples
Organization, Assembly of First Nations Women’s Council, University of
Toronto, Khmers Kampuchea-Krom Federation, Indigenous Peoples
Environment, Consejo Indio de Sud America, MIT and United Native
Nations Truth Network.
The Forum will meet again at 3 p.m. on Tuesday, 24 May, to conclude its
discussion on human rights, data collections, and its previous themes
on indigenous women and youth.
Background
The Permanent Forum on Indigenous Issues met today to begin its
discussion on human rights, data collection, and the previous Forum
themes of indigenous children and youth and indigenous women. (For
background information, see Press Release HR/4836 of 13 May.)
Discussion
RODOLFO STAVENHAGEN, Special Rapporteur on the situation of human
rights and fundamental freedoms of indigenous peoples, noted that the
situation of indigenous peoples was far from satisfactory, despite
strides made in some nations. A major obstacle to the full enjoyment of
indigenous rights was poverty, which affected such groups more severely
than the rest of the world’s population. Indigenous poverty indices
were higher than national averages, and the poverty itself was more
grinding. Indigenous poverty related not only to income, but to a lack
of basic needs, as well as access to social services, water resources,
ancestral lands and other natural wealth. Indigenous poverty was a
complex picture, which could not be overcome with partial measures, but
must be addressed across-the-board.
He said that persistent poverty among indigenous peoples was due to the
continued denial of their basic human rights, stressing that any
government policies to eradicate it must be based on acknowledgement
and respect for those rights to be effective. Among other rights,
indigenous peoples required full access to education to emerge from
their current situations of exclusion and grinding poverty. Many
previous decades had promoted the assimilation of indigenous peoples,
but educational policies were now being implemented that respected
cultural diversity and bilingual education, although linguistic and
pedagogical problems had still not been completely resolved. The goal
of universal primary education was far from attained, and fell short of
the minimum for indigenous children, especially for girls. The
international community must make the quality of indigenous education a
priority, and it must be accessible and in tune with indigenous
cultures and social idiosyncrasies.
Faced with poverty and educational shortfalls, indigenous people had
not stood idly by, but had brought their own creativity to promote
educational and social development in their communities. The
international community must build on the experience and insights of
indigenous peoples in forming educational policy, and the Forum could
play an important role in ongoing planning. Governments should redouble
their efforts to protect the rights of indigenous peoples, and the
Forum could put forward recommendations, such as requesting country
focal points to monitor the realization of indigenous rights.
The representative of the Asia Caucus recommended, among other things,
that the Forum should monitor the implementation of recommendations of
the report on indigenous peoples. He called for the elimination of
discrimination against indigenous peoples and the organization of a
meeting in that regard with United Nations Development Programme
(UNDP), the United Nations Development Fund for Women (UNIFEM) and the
United Nations Educational, Scientific and Cultural Organization
(UNESCO). Calling attention to the increasing militarization of
indigenous territories, a violation of the human rights of indigenous
people, he said martial law was still imposed in some provinces of
countries in the Asian region and recommended that the Forum should
conduct a study on the matter, as well as organize a series of seminars
on the issue.
The representative of the Pacific Caucus recommended that the Forum
support the establishment of a regional office of the Commission on
Human Rights in Fiji and that it restate the concepts of
self-determination and genocide. The Forum should call for United
Nations support of constitutional recognition of indigenous peoples.
The Forum should also revisit the issue of decolonization and recommend
that Guam be reinscribed on the United Nations list of
Non-self-Governing Territories and that the Decolonization Committee
assist those territories. The Special Rapporteur should conduct
regional consultations in Guam, Fiji, New Zealand and West Papua. He
also recommended that the Forum request annual reports on the status of
indigenous women in the Pacific basin.
The representative of Fiji, associating himself with statement on
behalf of the Pacific Caucus, said that achievements made during the
International Decade for Indigenous Peoples could best be summarized as
modest. He welcomed calls for a Plan of Action and was concerned at the
difficulties in reaching a consensus on the draft declaration. He hoped
everybody would do the utmost to present for adoption the declaration.
He said Fiji had always recommended a comprehensive approach to the
human rights of indigenous peoples. He called for the inclusion of the
individual and collective rights of the indigenous peoples in national
constitutions and national laws.
A representative of the African Caucus stressed that relevant
international human rights instruments should be ratified by African
States, including the International Declaration of Human Rights and the
Convention on the Rights of the Child. Gross human rights violations
were taking place on that continent, such as the abduction of children
for armed conflict, contemporary forms of slavery, and violence against
women.
Moreover, free, prior and informed consent (for development projects,
for example) should be respected by all corporations operating on
indigenous African territories, she said. She called on the Forum to
review legal distortions in Africa to determine the truth and ensure
that justice was carried out, and to ensure African participation in
the Office of the High Commission on Human Rights. The Forum should
also work closely with the United Nations Special Rapporteur on human
rights and fundamental freedoms of indigenous peoples.
The President of the Working Group on Indigenous Populations said all
relevant authorities in the United Nations should work towards the
human rights of indigenous peoples. For last three years, the Group had
been concerned with preserving itself, as it had endured difficult
times since some States felt it was redundant now that the Forum was
operational. However, the Group had been supported by several
indigenous groups, the Office of the High Commissioner for Human
Rights, as well as Economic and Social Council, and the difficulties
had been overcome.
The Group had analyzed the work of the two organizations and had
determined that their respective mandates did not interfere with each
other. Beginning in 2001, the Working Group had begun exploring new
working methods, and had documented them. Both organizations must work
together with the international community to peacefully resolve
inter-ethnic problems, and to alleviate the grinding poverty that
marked the daily lives of indigenous peoples, which affected all human
rights.
The representative of the Assembly of First Nations said the Special
Rapporteur, in his report on the indigenous peoples of Canada, had
noted that the economic and social indicators were drastically lower
among indigenous peoples than among Canadians in general. Among the
priorities in advancing the human rights were housing and the right to
self-determination. Implementation of the right to self-determination
would provide the First Nations with the resources and capacities to
advance their interests. Aboriginal rights had no “sunset” in Canada,
he said. He called on the Government of Canada to abolish its
repressive policies. He endorsed the report’s recommendations regarding
land access and access to resources for the First Nations.
The representative of the Congress of Aboriginal Peoples said the
report recognized that the Government in Canada had many programmes and
financial funds to consider the problems of aboriginal communities but
also noted that, in some cases, the Government of Canada had
contributed to impoverishment. The report called on Canada to do more
to close the gaps between aboriginal and non-aboriginal human rights.
There was a clear link between poverty in many aboriginal communities
and the rights to life and land. There was a slow pace of settling land
claims and a tendency towards inclusion of clauses in agreements asking
indigenous peoples to give up their inherent rights. He called on the
Government of Canada to protect the right to life and resources of
aboriginal people. As Canada had the reputation of pleading for human
rights internationally, the Government had a responsibility to show
leadership and quickly implement the recommendations of the Special
Rapporteur.
The representative of the Seventh Generation Fund/American Indian Law
Alliance said many indigenous peoples had been highly frustrated by the
working methods of the Chair of the Working Group. It had held back
adoption of some articles that were near consensus. He asked the
Permanent Forum to recommend to changes in the Working Group’s methods
of work, including adding an indigenous co-chair, and that sub-working
groups continue to be co-chaired by an indigenous and a State
representative. The provisions receiving overwhelming support should be
promptly, albeit provisionally, adopted.
A representative of several indigenous groups, including the Indian
Treaty Council, referred to indigenous groups who were unable to attend
United Nations sessions on the declaration on the rights of indigenous
peoples, but would be impacted by their outcome. She called on the
Forum to reaffirm that the declaration’s subcommission text would
continue to be the basis of future discussion; and that the declaration
would not be adopted without indigenous peoples’ free, prior and
informed consent. Further, the intersessional working group should
agree on a new and dynamic method of work; discuss all articles in the
text that violated human rights law; and discuss proposals for
additional changes that clarified or extended the text.
A representative of the Enlace Continental de Mujeres Indígenas
Región
Sud América pointed out the harmful effects of the ongoing war
in her
country (Colombia) on indigenous peoples, including persistent violence
against women, and ongoing drug trafficking. Actions by the State had
been inadequate in protecting indigenous peoples, who were seeking
special protection from the United Nations Human Rights Commission.
Among other actions, a monitor should be appointed to check Colombia’s
compliance with international human rights instruments, as well as with
the social and cultural rights of indigenous peoples.
A representative of O’odham VOICE against the WALL/Traditional O’odham
Communities highlighted incidences of increased militarization along
the United States boundary with Mexico, which had led to human rights
violations against her people. Those included verbal attacks, unlawful
searches, and lack of access to traditional indigenous routes. The
United States was constructing fences with no respect for uncovered
remains and artefacts in traditional burial grounds. She called on the
Special Rapporteur for indigenous rights to investigate such
proceedings, recommending that he deal directly with indigenous
leaders.
The representative of the United Association of Khmer Kampuchea
Kromasked the Permanent Forum to acknowledge her people as an entity
with problems of religious prosecution and land confiscation in Viet
Nam and the Lao People’s Democratic Republic, leaving thousands of its
people homeless. Freedom of movement was prohibited, and advanced
education was denied. Only six people out of a population of 8 million
had received a master’s degree. She said many of her people disappeared
because of political involvement. Indigenous women and children were
abused. Wrongly accused people were in prison without trial, and
freedom of expression was denied. She recommended that human rights
violations in Viet Nam and the Lao People’s Democratic Republic be
investigated and documented case by case, and that a report on that
matter be disseminated among her people.
The representative of the Russian Association of Indigenous People of
the North said it was important to research the extent to which States
were, in their legislation, recognizing the rights of the indigenous
peoples. Many States, among them the Russian Federation, had signed
treaties regarding the rights of native peoples, but had not ratified
them. The Human Rights Commission had determined that further research
was necessary on the constitutional rights of the indigenous peoples.
He had asked the Special Rapporteur to visit the Russian Federation in
2004, native rights had been removed from some legislation. He called
on the Permanent Forum to work closely with the Rapporteur to adopt the
recommendations of the Special Rapporteur.
The representative of the Russian Association of Finno-Ugric Peoples
said that after the “perestroika”, the Constitution guaranteed the
rights of small groups of indigenous peoples. However, regional
legislation in that regard was outstripping federal regulation. The
major shortcoming was that they focused on small indigenous issues and
not on the political will of local authorities and the availability of
financial resources. Those people that had not had the good fortune of
having good leaders -- or oil -- were relying on the Federal
Government. However, last year more than a hundred federal laws had
been amended, and the 1999 framework law on safeguards of small group
of indigenous peoples had been drastically revised. Now regions had
lost the right to adopt laws on land use for small indigenous peoples.
Free access to forestry resources for indigenous peoples had also been
lost.
The representative of the International Alliance of Indigenous and
Tribal Peoples spoke on behalf of the indigenous communities of Nigeria
that were home to the richest natural resources in the world.
Unfortunately, he said, those natural resources had been a source of
State-sponsored repression, of which he gave many examples, including
shootings and bombings of villages, resulting in killings of indigenous
peoples, including women and children. He called for the
demilitarization of the indigenous Niger delta oil-producing
communities and recommended, among other things, that the Nigerian
Government ensure the genuine participation of indigenous communities
in the constitutional decision-making process. He also recommended that
the indigenous communities be consulted in the execution of gigantic
projects which threatened their ecosystem. The European Union should
ensure respect for human rights in the granting of aid to the Nigerian
census project.
A representative of several indigenous groups, including FEINE/CONMIE,
recommended that the Special Rapporteur on indigenous rights should
encourage States receiving women migrants to respect their cultures and
values, and urge States to comply with the recommendations of the
Special Rapporteur on the rights of migrant women. Further, States
should attune their laws with international human rights instruments;
draw up laws to give work in the home a dignified status; and set up
bodies of leading indigenous leaders to monitor the realization of
indigenous peoples’ rights.
A representative of the Bangladesh Adivasi Forum noted that serious
human right violations were occurring in his country, including the
house-burnings and rape. Moreover, many United Nations peacekeepers
were violating human rights, and new areas were being taken over for
army camps and training centres. Adding that a national ombudsman and
proposed human rights commission were still lacking, he called for
United Nations support in monitoring the human rights situation in
Bangladesh.
A representative of the World Adavasi Council said the situation for
indigenous peoples had been deteriorating steadily, despite efforts by
the United Nations to assist them, and a thorough investigation must
take place to reverse that trend. He recommended that full indigenous
participation and freedom of choice occur in development activities;
that international assistance be monitored to ensure that it reached
indigenous people; and that the international community draw up a
worldwide plan to protect forests.
A representative of the Grand Council of the Crees recommended that the
Forum urge the working group on the draft declaration concerning the
rights of indigenous peoples to uphold the United Nations Charter and
adhere to international law. The working group should adopt a new and
dynamic method of work with the full participation of indigenous
peoples and invite the Special Rapporteur on indigenous rights and
other experts to attend formal and informal sessions of the working
group. She noted that the United Nations had tried to adopt the draft
declaration for 24 years and stressed that the time had come to lay
down some clear criteria and assist the intersessional working group in
its deliberations. The knowledge and findings of the Special Rapporteur
and other experts were needed at the working group’s sessions to
resolve outstanding differences.
Questions and Answers
Forum members argued in favour of international and national
recognition of the rights of indigenous peoples and inclusion of those
rights into all aspects of the Millennium Development Goals. They asked
for a partnership between governments in organizations representing
indigenous peoples regarding their rights to self-determination and
control of natural resources. Concerning the Special Rapporteur’s
suggestion to establish focal points on indigenous matters within
United Nations country teams, a member asked if country teams were
present in all countries with indigenous peoples. Another Forum member
asked how effective national human rights institutions addressed
violations of the rights of indigenous peoples. Questions were also
asked regarding the isolated situations in which many indigenous people
found themselves.
One Forum member noted that attaining the Millennium Development Goals,
including those concerning the elimination of poverty, were at the
heart of the current debate, but she stressed that economic and
political issues should also be addressed, as they served as sources of
conflicts. Many of those issues reflected colonial features. Referring
to ongoing “genocide and ethnocide” in Colombia, she called for United
Nations mechanisms to eliminate the militarization of indigenous
peoples’ lands.
Another Forum member drew attention to the misconception that the
problems of indigenous peoples in rich and developed nations were
effectively addressed. Forum members further noted the need for
national curricula on indigenous peoples’ cultural and philosophical
heritage and for the mass media to stop depicting indigenous people as
“cartoon figures”. Questions were also asked regarding coordination
between the various Special Rapporteurs on various issues, including
the right to food.
Responding, Mr. STAVENHAGEN, the special Rapporteur, said the three
areas within the United Nations system devoted to indigenous peoples
should encourage the Organization to focus on indigenous issues. There
was no rivalry between the Forum, the Working Group on Indigenous
Populations, and the Special Rapporteur on indigenous rights. Each area
had a specific mandate and its own legitimacy within the system. The
areas complemented each other in their activities, and the three
mechanisms had tried to coordinate their efforts.
He said that, regarding continued violence suffered by indigenous
peoples, the international community should pay increased attention to
procedures and mechanisms for diminishing the levels of violence and
preventing ethnocide in countries where indigenous peoples were victims.
He said he was optimistic that progress would be made on the draft
declaration on the rights of indigenous peoples at the beginning of the
newly inaugurated Second International Decade for the World’s
Indigenous Peoples. As for increasing cooperation during the Second
Decade, an attempt must be made to involve United Nations agencies, as
well as the Human Rights Commission, in the Decade’s activities.
A representative of the Statistics Division of the Department of
Economic and Social Affairs said the social and demographic branch of
her division had been working with indigenous peoples to review the
existence of disaggregated data for indigenous peoples. Some countries
had included specific questions on census forms to determine whether
respondents belonged to indigenous groups, or to which ethic group they
belonged. Adding that the Division had also reviewed the extent certain
populations were excluded, she said the findings from its report would
be included in the demographic yearbook special topic section. Some
data was already being displayed on the Internet, and data would be
soon be added on religion.
A representative of the United Nations Population Fund (UNFPA),
speaking on behalf of the Director of the UNFPA’s Latin American
division, said governments had acknowledged that focusing on health and
gender was central to reaching the Millennium Goals. Investments in
population were vital to improve the health of children, treating
HIV/AIDS, and encouraging sustainable development. Making those goals a
reality depended on local ownership for projects, and an enabling
environment, which should consider economic, social, and political
factors, as well as racism and discrimination.
He added that poor people in indigenous communities worldwide had the
least access to education and health care, keeping them in a vicious
cycle of poverty from one generation to the next. The UNFPA was
designing questions to separate out indigenous statistics from other
groups in Central America. It also had a close partnership with the
Continental Partnership of Indigenous Women, had stepped efforts to
obtain gender and ethnic disaggregated data, and was analyzing emerging
population trends and ageing, which would have implications for
indigenous populations.
The President of the Working Group on Indigenous Peoples, said
cooperation among the three groups dealing with indigenous issues could
indeed be stepped up, but such cooperation must start by recognizing
the importance of acknowledging at the national and international
levels the rights of indigenous peoples. If those rights were not
acknowledged, there could be no reduction of poverty among indigenous
peoples. The first time the three groups had acted in concert was in
2000, when the two Chairmen and the Special Rapporteur had written a
letter urging everyone involved in negotiations on the issues to wrap
up their work.
Cooperation could also be galvanized on possible help in negotiations
on the declaration. The Working Group had formally expressed its
readiness to do so, he said, but first, there should be a formal
request. He agreed that advantage should be taken of every mechanism
available in the system, including the Treaty Bodies. Those bodies had
gotten a request from the Commission on Human Rights asking them to pay
attention to the situation of the indigenous peoples.
JULIAN BURGER, representative of the Office of the High Commissioner on
Human Rights, said that in taking the work regarding indigenous
peoples’ issues forward, the Office would try to engage countries. As
for the recommendations of the Special Rapporteur, he said the Office
had to look at how those recommendations could be turned into projects
on the ground. The Office had started work on that in two countries in
Latin America. In trying to move forward for a general national
programme of human rights, however, all recommendations of all Special
Rapporteurs had to be taken into account. National human rights
institutions would do well to include indigenous perspectives and
indigenous staff in their work. The Office also helped UNDP to reflect
better human rights and indigenous rights. The Office was looking at a
mechanism that would give indigenous peoples an opportunity to
participating in country teams.
Strengthening of mechanisms and policy development was another issue,
he said. The Office was looking at guidelines for the private sector.
There was also potential to exploit better other mechanisms that were
less obvious, such as the Special Rapporteurs on adequate housing and
the right to food. Indigenous peoples needed to be encouraged to better
use the existing special procedures, as well as the Treaty Bodies. A
third area for Office involvement was capacity-building for indigenous
peoples and government institutions. He proposed that members of the
Permanent Forum spend some time with the agencies to see how policy
frameworks were developed and giving feedback. The knowledge available
within the Permanent Forum had not really been used for substantive
input. The Office could assist in cooperation between the several
mechanisms. He invited Forum members to spend some time in the Office,
to get to know the Office better and to give the Office an opportunity
to use available knowledge.
CONRAD HUNTER, of the secretariat of the Convention on Biological
Diversity, said the Convention recognized the linkage between
biological diversity and traditional knowledge. At its second meeting,
the Permanent Forum had invited the Convention’s secretariat to conduct
a workshop on environment and cultural diversity. Such a workshop would
be held next week in Japan, with strong representation of indigenous
peoples. Convention staff was also working on a code of ethical conduct
in areas occupied by indigenous peoples. He hoped that a draft code
could be negotiated in 2006. Negotiation of an international regime on
access to genetic resources was important too. He encouraged members of
the Permanent Forum to take an interest in that issue, because it
provided an opportunity to ensure that traditional knowledge would be
protected.
Discussion
Regarding the Convention on Biological Diversity, Forum members noted
that many States were formulating legislation on access and benefits
and asked what the status was regarding national legislation on
benefit-sharing for indigenous peoples. Sovereignty over natural
resources by indigenous peoples was the important issue to be pushed
within the Convention on Biological Diversity they said.
Forum members also stressed the importance of disaggregated data as a
crucial tool to formulate policies in achieving the Millennium
Development Goals, particularly for the marginalized members of civil
society, including indigenous peoples. They asked whether the
Statistical Division had taken particular steps to speed up its work
and whether it had urged States to provide the necessary disaggregated
data also, had the Division worked with other agencies in that regard.
Another question concerned registration of indigenous peoples who had
been born outside their region.
Questions and Answers
Forum members questioned whether the Statistical Division had taken
steps to speed up the issuance of disaggregated data, and whether it
had worked with other agencies to formulate statistical tools and
methods for such data.
Responding, the representative of the Statistical Division (DESA) said
it had been collecting census data from specific countries. The general
guideline was that countries themselves made decisions based on their
needs, consulting with groups at risk of being enumerated. The
Statistical Division followed, rather than imposed, national practices
and reported on their activities.
As for the Millennium Goals, she continued, work on those objectives
was not focusing on disaggregated data by ethnic background, only
aggregated data.
To another query on traditional knowledge and the draft declaration,
Mr. Hunter said his organization had just concluded a workshop with the
African Group on traditional knowledge, which had come up with several
recommendations to forward to the working group on the draft
declaration.
One Forum member introduced the report (document E/C.19/2005/3) on the
International Workshop on Methodology Regarding Free, Prior and
Informed Consent of Indigenous Peoples, an issue that had been
identified by the Forum as a priority. The Workshop had been held from
17 to 19 January, and was attended by 67 experts and observers of the
United Nations system and other intergovernmental organizations,
governments and indigenous organizations. Free, prior and informed
consent was viewed as a principle based on the human rights approach to
development. It was designed to develop relevant policy frameworks at
the agency level, including the United Nations Development Assistance
Framework (UNDAF), Policy Strategy Development Papers and Millennium
Development Goals. It had been emphasized that such consent was
essential for achievement of the Millennium Development Goals.
He said the workshop had concluded, among other things, that it was
imperative that the views of indigenous peoples should be at the centre
of policies for implementation of the Millennium Development Goals. It
had recommended that the Permanent Forum should be invited to
participate in the efforts of the Working Group on Indigenous
Populations concerning free, prior and informed consent. Governments,
the private sector and indigenous peoples should be aware of the
principles of consent when planning development projects. The
inter-agency support group on indigenous issues should develop a
handbook on indigenous issues for United Nations country teams. Case
studies should be undertaken to analyse current practices on free,
prior and informed consent.
Another Forum member, noting that the work of DESA did not reflect the
data that indigenous peoples wanted, asked that the Statistical
Division provide training to national statistical commissions. National
statistical institutions had used data from which the indigenous people
were missing. She also called for coordination of the Division with the
Economic Commission for Latin America and the Caribbean (ECLAC).
Discussion
The representative of Nepal said indigenous groups had been active in
protecting and promoting their identities in his country, and so far
the Federation of Indigenous Nations had recognized 59 indigenous
groups. The statistical bureau issued figures based on caste, ethnicity
and mother tongue, but still lacked disaggregated data by indigenous
group. The first United Nations Decade on Indigenous Peoples had helped
bring indigenous issues to the attention of planners and administrators
in the country.
He stressed that work on the Millennium Goals should be revised to
ensure the full participation of indigenous peoples in reaching those
objectives. Further, he recommended the use of disaggregated data in
adopting policies; that mechanisms be strengthened and tools set up for
the full and effective participation of indigenous peoples; and that
governments adopt a human rights approach to implement and monitor the
Millennium Goals.
A representative of the Bangladesh Adivasi Forum, said it was unclear
how much data on indigenous peoples in his country was publicly
available, and how much had been secretly filed. Available figures were
inaccurate, representing gross underestimates in some cases. When it
came to literacy and educational status, data followed religious
criteria, rather then indigenous ethnicity. Official statistics for
public jobs held by indigenous peoples were unavailable in a
disaggregated form. He recommended that the State pay more heed to
disaggregated data for indigenous peoples, and that United Nations
agencies take measures to consider indigenous peoples’ issues.
The representative of Chile said his country had ensured that economic
development was consistent with the social development of its citizens.
Major efforts had been made regarding the right to land, and a special
programme had been initiated for indigenous people, which aimed to
increase access to land for young married men and women. The country
had also identified nine major areas for indigenous development, which
constituted almost 8 per cent of its land. In addition, it had
supported entrepreneurship by sponsoring young entrepreneurs in
sparsely populated areas of national parks to promote ecotourism.
The representative of the Enlace Continental de Mujeres
Indígenas
Región Sud América said the indigenous young people of
South America
recommended to States that priority be given to quality education,
including on their own cultures, and that they also focus on sexual and
reproductive health. They called on States to pay particular attention
to young people affected by violence, in particular indigenous peoples.
They also recommended that States implement programmes that prevented
sexual exploitation. To make the Millennium Development Goals, reality
young people, adults, organizations and States must work hand in hand
to build a more decent society marked by solidarity, she said.
The representative of Coordinadora Nacional de Mujeres Indigenas del
Estado Brasilero said the Millennium Development Goals afforded an
opportunity to implement policies that guaranteed the full
participation of indigenous peoples. Indigenous women should be
consulted regarding programmes to meet their needs, and their culture
should be respected. States must comply with International Labour
Organization (ILO) Covenant 169, including provisions for free, prior
and informed consent of indigenous peoples. The sexual and reproductive
health of women must be improved, and maternal mortality reduced.
Governments must make resources available for the participation of
indigenous women, and should support national and regional initiatives
to benefit them.
The representative of Russian Association of Finno-Ugric Peoples said
that in order to address the problems of indigenous peoples, data must
be available, to be provided by national institutions. There was also a
need for disaggregated data. Indigenous people often lived in sparsely
populated areas and did not receive adequate information. Some
countries, like the Russian Federation, were home to several indigenous
peoples, and data on each of those groups was needed, regardless of
their size as a group. The participation of indigenous peoples’
representatives at all stages of research would help in that regard. He
proposed that indicators be established to collect comparable
information on indigenous peoples in various countries and recommended
that the United Nations carry out a study on the quality of life of
indigenous peoples.
The representative of the Asociación de Cabildos
Indígenas del Norte
del Cauca drew attention to the situation of the Cauca area in
Colombia, asking for improved living conditions for the people living
there. The indigenous peoples of Cauca had a unity structure based on
customs aiming to protect their territories. That structure often
clashed with the State’s development policies. The region also suffered
from attacks on its territories from insurgents and counter-insurgents.
Houses were destroyed, and mass arrests were made. He requested that
the Indigenous Guard be recognized as an international peace agent and
that a Special Rapporteur be appointed for the Indigenous Peoples in
Colombia. He also called for action at the highest international levels
to reach an immediate ceasefire.
A representative of the Pacific Caucus recommended that the Forum
ensure the accessibility of indigenous data to the groups concerned;
that the World Bank and other relevant institutions ensure that
indigenous peoples had access to data on their communities; that the
United Nations make better progress on collecting disaggregated data in
the Pacific region; and that the Organization support workshops in the
Pacific region on data collection.
A representative of the Youth Caucus said indigenous communities faced
the risk of cultural and economic deprivation, if not extinction.
Stressing that violation of their lands had impinged on indigenous
rights, she said indigenous peoples were not afforded the same basic
rights as the rest of the population. She recommended that United
Nations agencies review and implement previous recommendations by
indigenous youth, and conduct training programmes on how to navigate
the United Nations system, especially on treaty bodies.
All United Nations agencies should pressure governments to provide
indigenous peoples with the same basic rights that were provided to all
human beings, she said, calling on the United Nations to review,
implement and fund all past recommendations to promote indigenous
rights.
A representative of Indigenous Children’s Caucus/CORE Manipur –
Indigenous Children said it was increasingly important that indigenous
peoples take responsibility for indigenous children’s rights. His group
had requested support from governments and United Nations agencies to
promote children’s rights, but it would do so regardless of any
contributions from other organizations. He encouraged input on
indigenous children from indigenous peoples worldwide, and requested
the Forum to ask the Inter-Agency Support Group to support the
participation of indigenous peoples in a workshop on health concerns
and basic education.
A representative of the Bangladesh Indigenous Peoples Organization
described the critical situation of indigenous peoples in Bangladesh,
due to the ongoing militarization and exploitation of ancestral lands.
He suggested that the Forum develop mechanisms to monitor and implement
recommendations of the past two sessions, and request United Nations
agencies to submit progress reports on implementation of
recommendations. In addition, the United Nations should extend the
Asian regional indigenous people’s programme to other regions and
strictly monitor records of army personnel before allowing them to
participate in peacekeeping operations.
The representative of the Assembly of First Nations Women’s Council
said gender issues of indigenous peoples were often not addressed.
However, indigenous women of the First Nations in Canada were often
marginalized and faced multifaceted discrimination. Women were often
the poorest in indigenous communities. First Nations women were still
at the lowest rank in terms of social indicators and faced the highest
risk of violence. Indigenous women held particular knowledge of
ecological linkages and fragile ecosystems and had often taken the lead
in protecting the environment. The empowerment of First Nations women
was vital to the future cultural and spiritual well-being of all First
Nations people.
The representative of the Caribbean Antilles Indigenous Peoples Caucus
and the Diaspora, said the Caucus called on the Forum to request the
Office of the High Commissioner for Human Rights to organize human
rights training for indigenous and political leaders. The Caucus also
called on the Forum and relevant agencies to commence dialogue in the
use of the “St. Lucia model approach” for data collection on Eastern
Caribbean States. It asked that the Forum recommend to the United
Nations the organization of a workshop on data collection for Caribbean
people. He proposed further that the Forum recommend that the Caribbean
Antilles be one of priority areas on studies for indigenous urban youth
and that an international indigenous youth conference be held in the
Caribbean.
The representative of the University of Toronto drew attention to the
Yakaghir, living in Yakutz in North Asia, a small group living on the
brink of ethnic catastrophe. She said that it was ironic that the area
was known for the discovery of a mammoth, but that no one expressed any
sorrow about the people living there. They suffered from poverty, as
the reindeer stock, the main diet, had been reduced. Living in arctic
conditions, men had been overcome by depression and alcoholism; women
were left without providers; and there was an increase in number of
single mothers. She was afraid that the people would disappear totally
in the next generation.
A representative of the Khmer Kampuchea-Krom Federation said Khmer
women were treated with disrespect and discriminated against in Viet
Nam. She requested the Forum to conduct investigations into the plight
of Khmers women and implement programmes creating access to health
information, as well as disease prevention programmes. The United
Nations should create and implement projects of the International Fund
for Agricultural Development (IFAD) in their territory; assist women in
securing education; and collaborate on creating jobs for indigenous
women, so that they could avoid trafficking and other forced labour.
A representative of the Indigenous Peoples Environment said her people
were affected by the post-traumatic slave syndrome, and lamented the
lack of any treatment for it. They were still forbidden to be who they
were as Africans, to embrace their customs and culture. Enslaved
African women had to give birth to children in the holds of ships,
chained and shackled together. It was a wonder any captive, survivor
African had any semblance of sanity left.
She said captive, African survivors who dared to acknowledge their
African identity were penalized and ostracized in society, and must
regain their dignity and place in the world. Many African slaves were
whipped and deeply cut by bullwhips, and their children whipped until
they spoke the language of their captors.
A representative of the Consejo Indio de Sud America said many
indigenous peoples would not reveal their ethnicity in statistical
questionnaires because were afraid of being denied jobs or assaulted.
Racism was a problem in many nations, and many indigenous people who
had the resources changed their names and identities. New statistics
could have an adverse effect, since many had left their ancestral lands
and now lived on the peripheries of cities. Indigenous peoples did not
just live in the jungle.
The representative of MIT, an indigenous organization in Peru, drew
attention to the fate of indigenous children who often were exploited
from age five on in the mining industry and had no access to education.
Some children had to walk 15 to 30 kilometres to reach a school.
Indigenous women in the mountainous areas did not have employment or
access to information, and were treated as creatures without any
humanity. He asked that the Forum recommend to the Government of Peru
that greater respect be paid to indigenous women and girls and provide
education free of charge.
The representative of the United Native Nations Truth Network said the
native people of North America were being systematically dismissed and
expelled from their homelands. They faced destruction of their cultural
existence. The Federal Bureau of Indian Affairs had interfered in the
affairs of the United Native Nations. Millions of dollars were made in
gambling on behalf of the United Native Nations, but the people were
not benefiting from it.