Report of the Working Group on Indigenous Populations on its Eleventh Session to the Commission on Human Rights Sub-Commission on Prevention of Discrimination and Protection of Minorities - August 1993
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DOCUMENT: REPORT11.TXT
U N I T E D N A T I O N S
Economic and Social Council ENGLISH
Distr. Original: ENGLISH
GENERAL
E/CN.4/Sub.2/1993/29 GE. 93-85003 (E)
23 August 1993
COMMISSION ON HUMAN RIGHTS
Sub-Commission on Prevention of
Discrimination and Protection of Minorities
Forty-fifth session
Agenda item 15
DISCRIMINATION AGAINST INDIGENOUS PEOPLES
Report of the Working Group on Indigenous Populations
on its eleventh session
Chairperson-Rapporteur: Ms. Erica-Irene A. Daes
CONTENTS
PARAGRAPHS PAGE
Introduction . . . . . . . . . . . . . . . 1 - 16 4
I. GENERAL DEBATE . . . . . . . . . . . 17 - 36 9
II. EVOLUTION OF STANDARDS
CONCERNING THE RIGHTS
OF INDIGENOUS PEOPLES . . . . . . . . 37 - 75 14
A. General comments . . . . . . . . . 39 - 48 15
B. Comments on specific
provisions of the
draft declaration . . . . . . . . 49 - 75 16
E/CN.4/Sub.2/1993/29
page 2
CONTENTS (continued)
PARAGRAPHS PAGE
III. REVIEW OF DEVELOPMENTS
PERTAINING TO THE
PROMOTION AND PROTECTION
OF HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS OF
INDIGENOUS POPULATIONS . . . . . . . 76 - 145 21
A. Right of self-determination
and political participation . . . 79 - 89 22
B. Right to life, to exist in
peace and to protection
against genocide . . . . . . . . . 90 - 96 23
C. Protection in armed
conflict . . . . . . . . . . . . . 97 - 100 25
D. Right to practise cultural
traditions, religion and
language . . . . . . . . . . . . . 101 - 105 25
E. Right to education and to
establish own media . . . . . . . 106 - 111 26
F. Right to maintain their
political, economic and
social systems and to
develop their own strategies
for development . . . . . . . . . 112 - 122 27
G. Right to lands and
territories . . . . . . . . . . . 123 - 130 29
H. Right to protection of the
environment . . . . . . . . . . . 131 - 136 30
I. Cultural and intellectual
property . . . . . . . . . . . . . 137 - 139 31
J. Right to natural resources . . . . 140 - 143 32
K. Right to the observance of
treaties and other legal
agreements . . . . . . . . . . . . 144 - 145 32
IV. STUDY OF TREATIES, AGREEMENTS
AND OTHER CONSTRUCTIVE
ARRANGEMENTS BETWEEN STATES
AND INDIGENOUS PEOPLES . . . . . . . 146 - 157 33
V. STUDY ON THE CULTURAL AND
INTELLECTUAL PROPERTY OF
INDIGENOUS PEOPLES . . . . . . . . . 158 - 176 35
VI. INTERNATIONAL YEAR OF THE
WORLD'S INDIGENOUS PEOPLE . . . . . . 177 - 183 38
VII. WORLD CONFERENCE ON HUMAN
RIGHTS . . . . . . . . . . . . . . . 184 - 186 39
E/CN.4/Sub.2/1993/29
page 3
CONTENTS (continued)
PARAGRAPHS PAGE
VIII. FUTURE ROLE OF THE
WORKING GROUP . . . . . . . . . . . 187 - 195 40
IX. OTHER MATTERS . . . . . . . . . . . 196 - 208 42
X. CONCLUSIONS AND
RECOMMENDATIONS . . . . . . . . . . 209 - 237 44
A. Standard-setting
activities . . . . . . . . . . . 209 - 210 44
B. Review of developments . . . . . 211 - 214 45
C. Seminars and meetings . . . . . . 215 - 222 46
D. Studies and reports . . . . . . . 223 - 226 47
E. International Year of
the World's Indigenous
Peoples . . . . . . . . . . . . . 227 - 228 48
F. Other matters . . . . . . . . . . 229 - 237 48
ANNEXES
I. Draft declaration on the rights of
indigenous peoples, as agreed upon
by members of the Working Group on
Indigenous Populations at its
eleventh session . . . . . . . . . . . . . . . . . 50
II. Amendments to the report submitted
by members of the Working Group . . . . . . . . . 61
NOTE. The Declaration of the World Uranium Hearing,
Salzburg, September 1992, is contained in an addendum
to the present report.
E/CN.4/Sub.2/1993/29
page 4
INTRODUCTION
MANDATE
1. The creation of the Working Group on Indigenous
Populations was proposed by the Sub-Commission on Prevention
of Discrimination and Protection of Minorities in its
resolution 2 (XXXIV) of 8 September 1981, endorsed by the
Commission on Human Rights in its resolution 1982/19 of 10
March 1982, and authorized by the Economic and Social
Council in its resolution 1982/34 of 7 May 1982. In that
resolution the Council authorized the Sub-Commission to
establish annually a working group to meet in order to:
(a) Review developments pertaining to the promotion and
protection of human rights and fundamental freedoms of
indigenous peoples, including information requested by the
Secretary-General annually from Governments, specialized
agencies, regional intergovernmental organizations and non-
governmental organizations in consultative status,
particularly those of indigenous peoples, to analyse such
materials, and to submit its conclusions to the Sub-
Commission, bearing in mind the final report of the Special
Rapporteur of the Sub-Commission, Mr. Jose R. Martinez Cobo,
entitled "Study of the problem of discrimination against
indigenous populations" (E/CN.4/Sub.2/1986/7 and Add.1-4);
(b) Give special attention to the evolution of
standards concerning the rights of indigenous peoples,
taking account of both the similarities and the differences
in the situations and aspirations of indigenous peoples
throughout the world.
2. In addition to the review of developments and the
evolution of international standards, which are separate
items on the Working Group's agenda, the Group has over the
years considered a number of other issues relating to
indigenous rights. The study by the Special Rapporteur, Ms.
Erica-Irene Daes, requested by the Sub-Commission in its
resolution 1992/35, on the protection of the cultural and
intellectual property of indigenous peoples
(E/CN.4/Sub.2/1993/28) was available to the Working Group.
It was considered under item 7.
PARTICIPATION IN THE SESSION
3. In its decision 1992/111 of 27 August, the Sub-Commission
decided on the following composition of the Working Group at
its eleventh session: Mr. Miguel Alfonso Martinez, Ms.
Judith Tsefi Attah, Mr. Volodymyr Boutkevitch, Ms. Erica-
Irene A. Daes and Mr. Ribot Hatano.
4. The session was attended by Mr. Alfonso Martinez, Ms.
Attah, Mr. Boutkevitch, Ms. Daes and Mr. Hatano.
5. The following States Members of the United Nations were
represented by observers: Argentina, Australia, Bangladesh,
Bhutan, Bolivia, Brazil, Canada, Chile, Colombia, Costa
Rica, Cyprus, Denmark, Ecuador, El Salvador, Finland,
Germany, Greece, Guatemala, Honduras, India, Indonesia,
Japan, Mexico,
E/CN.4/Sub.2/1993/29
page 5
Myanmar, New Zealand, Nicaragua, Norway, Panama, Peru,
Philippines, Russian Federation, Sweden, United Kingdom of
Great Britain and Northern Ireland, United States of
America.
6. The following non-member States were represented by
observers: Holy See and Switzerland.
7. The following United Nations departments and specialized
agencies, and other organizations were also represented by
observers: Department of Public Information, International
Labour Organisation, United Nations Educational, Scientific
and Cultural Organization, Nordic Council of Ministers,
Aboriginal and Torres Strait Islander Commission of
Australia.
8. The following non-governmental organizations in
consultative status with the Economic and Social Council
were also represented by observers:
(a) Organizations of indigenous peoples
Grand Council of the Crees of Alberta (Quebec), Indian
Council of South America, Indian Law Resource Center,
Indigenous World Association, International Indian Treaty
Council, International Organization of Indigenous Resource
Development, National Aboriginal and Islander Legal Service
Secretariat, Nordic Sami Council and World Council of
Indigenous Peoples.
(b) Other organizations
CATEGORY II
African Association of Education for Development, Afro-
Asian People's Solidarity Organization, Amnesty
International, Anti-Slavery International, Baha'i
International Community, Commission of the Churches on
International Affairs of the World Council of Churches,
Defence for Children International, Pour Directions Council,
Friends World Committee for Consultation, International
Association of Educators for World Peace, International
Federation Terre des Hommes, International Fellowship of
Reconciliation, International League for the Rights and
Liberation of Peoples, International Service for Human
Rights, International Work Group on Indigenous Affairs and
Women's International League for Peace and Freedom.
ROSTER
International Federation for the Protection of the
Rights of Ethnic Religious, Linguistic and Other Minorities,
Minority Rights Group, Procedural Aspects of International
Law Institute, Survival International and Third World
Movement against the Exploitation of Women.
9. The following indigenous peoples' organizations and
nations, as well as other organizations and groups, were
represented at the session and provided information to the
Working Group with its consent:
Aboriginal Law Center, Aboriginal and Torres Strait
Islander Commission, Ainu Association of Hokkaido, Alaska
Inuit, Alliance of Taiwan Aborigines, American Indian
Movement of Colorado, Anishinabo First Nations, Apache
E/CN.4/Sub.2/1993/29
page 6
Survival Coalition, Asian Indigenous Peoples Pact,
Asociacion de Comunidades del Pueblo Guarani, Asociacion
Indigena de la Republica Argentina, Asociacion Interetnica
de Desarrollo de la Selva Peruana, Asociacion de los
Estudiantes Indigenas de Madre de Dios, Association of
Koriak People, Big Trout Lake First Nation, Central Land
Council, Centro Mocovi Ialek Lav'a, Centro Union Achiri
Mitka, Circle of Indigenous Elders, Chamorro - Organization
of People for Indigenous Rights (Guam), Chirapaq (Peru),
Chittagong Hill Tracts Hill Peoples Council, Chukchi People
- L'Auravetl'an Foundation, Inc., Comisao por la Criacao do
Parque Yanomani, Comision Juridica de los Pueblos de
Integracion Tawantinsuyana, Comite Exterior Mapuche, Comite
Intertribal Memoria e Ciencia Indigena, Comite Organizador
Indigena Kaqchique, Confederacy of Treaty of Six First
Nations, Confederacion de Pueblos Autoctonos de Honduras,
Congres populaire du peuple kanak - Nouvelle Caledonie,
Conseil des Atikameku et des Montagnais, Consejo de Todas
las Tierras, Consejos de la Gran Confederacion Maya,
Conselho Indigena Roraima, Consultorio Juridico Kunas, Cook
Inlet Tribal Council, Coordinadora Nacional de los Pueblos
Indigenas de Panama, Cordillera Peoples Alliance, Dalit
Youth Movement (India), Dalit Solidarity Programme (India),
Dene Nation Ecuarunari (Ecuador), Elders Circle of the
Crees, Embera - Orewa (Organizacion Regional Indigena
Embera), Even People, Federacion de Centros Shuar Achuar,
Federacion Indigena y Campesina de Imbabura (Ecuador),
Federacion Nativa de Peru, Federacion Provincial Indigena
Aymara, Federation of Saskatchewan Nations, Finno-Ugrik
Peoples Consultative Committee, Foundation Papua People,
Frente Independiente de Pueblos Indios (Mexico), Front
national pour la liberation kanak socialist (FLNKS),
Haudenosaunee, Hmong People, Homeland Mission 1950 for South
Moluccas, Hui' Na Auao, Iina Torres Strait Islanders
Corporation, Indian Council of Indigenous and Tribal
Peoples, Indian Movement Tupay Katari, Jana Samhati Samiti,
Ka Lahui Hawaii, Kamp - National Federation of Indigenous
Peoples Organizations in the Philippines, Karen National
Union, Karen Youth and Women Organization, Kimberley Land
Council, Lakota Nation, Lil'Wat Nation, Lubicon Cree, Lumad
Mindanao Peoples Federation (Philippines), Maa Development
Association (Kenya), Maori Legal Service, Maori Women's
Welfare League, Mapuche People, Mataatua Confederation of
Tribes, Mikmaq Grand Council, Miskito Yatama, Mohawk Nation,
Muskogee Indian Nation, Na Koa O Pu'u Kohola, Nation Huronne
- Wendate - Quebec, National Coalition of Aboriginal
Organizations, National Committee to Defend Black Rights
Aboriginal Corporation, National Maori Congress, National
Socialist Council of Nagaland, National Union of Swedish
Saami People, Native American Sioux/Seneca, Native Council
of Nova Scotia, Native Hawaiian Advisory Council, New South
Wales Aboriginal Land Council, Ngai Tahu Iwi, Ngati Te Ata,
Nuba Mountains Solidarity Abroad, Onondoga Nation,
Opetchesaht - Dene Nation, Oraon - (Indian Tribal
Organization), Organizacion de las Mujeres del Tropico de
Cochabamba, Otautahi Culture Group, Pacific Asia Council of
Indigenous Peoples, Parlamento Indigena (Panama), Parlamento
Indigena de Americas, Rehoboth Baster Community of the
Republic of Namibia, Second World Indigenous Youth
Conference, Sengwer Cherangany Cultural Group (Kenya),
Servicios del Pueblo Mixo A.C., Gitksan and Wet'Sowet'en
Nations (Canada), Small Peoples of North Siberia, Southern
Sudan Group, Survie Touaregue Temoust, Sycuan Band of
Mission Indians, Te Kotahitanqa o Tai Tokerare, Te Runanga o
Whaingaroa, Teton Sioux Nation Treaty Council, Tuscarora
Nation - Haudenosaunee, Unrepresented Nations and Peoples
Organization, West Papua People Front, 1993 World Indigenous
People Conference: Education.
E/CN.4/Sub.2/1993/29
page 7
10. The following organizations and groups were represented:
Action for Solidarity, Equity, Environment and
Development, Alaska Native Human Resource Development
Program, Alliance for the Rights of Indigenous Peoples,
Anthropological Association of the Philippines, Asociacion
Cultural Sejekto de Costa Rica, Association de soutien aux
nations amerindiennes, Associazione Ricreativa Culturale
Italia, Atl Tlachinolli, Big Mountain Aktionsgruppe, Bureau
for Indigenous and Minorities, Center for World Indigenous
Studies, Centre d'information et de documentation pour les
peuples indigenes et commission transnationale, Centro
Cultural Wiphala Aymara de Bolivia, Centro Documentazione
Etnie, Comite belge - Amerique indienne, Comite de soutien
avec les Tucanos, Cultural Survival (Canada), Cultural
Survival (United Ringdom), Democratic Progressive Party -
Indigenous Affairs Committee, Dutch Center for Indigenous
Peoples, Earth First, Educational Society of Nagaland,
European Alliance with Indigenous Peoples, Federal Congress
of Development Action Groups in Guam, Federation of
Aboriginal Education Consultative Groups (Australia), Fonds
mondial pour la sauvegarde des peuples autochtones,
Foundation to Promote Indigenous Bilingual Education - BITO
(in the Americas), Fourth World Center, Fourth World Center
for the Study of Indigenous Law and Politics, Friends of
People Close to Nature, Fundacion Yanantin, Health for
Minorities, Helsinki Committee - Kosovo, Global Coalition
for Bio-Cultural Diversity, Incomindios, Indigenous
Committee of the Presbyterian Church in Taiwan,
International Medical Forum for Human Rights Health and
Development, Institut de recherche et de documentation de
l'ile de Quisoueya, Institut pour l'Amerique latine
(Austria), International Movement against Discrimination and
Racism, Foundation Pavo, Kamchatua Film Company, Konaseema
Educational Society, Kwia Flemish Support Group for
Indigenous Peoples, Lelio Basso International Foundation for
the Rights and Liberation of Peoples, Liga Internacional de
Mujeres pro Paz y Libertad, Ligue des droits de l'homme
(Section perouge), MacArthur Foundation, Medecins sans
frontieres, Moral Re-Armament, Movimiento Accion
Resistencia, Movimiento Indio por la Identitad National, New
Zealand Human Rights Commission, NGO Committee on the
International Indigenous Year, One World Now, Peekaboo,
Performing and Fine Artists for World Peace, Rainforest
Foundation, Saskatchewan Indian Federated College, Society
for Threatened Peoples, Swissaid, The Galilee Society, The
Montagnard Foundation, The Nature Conservancy, The South &
Mesoamerican Indian Information Center, Traditions pour
demain, Tremembe - Brasil, Tribal Act, Tribal Ecology
Center, United Church of Christ (Philippines), United
Nations Association (UK), World Uranium Hearing.
11. In addition to the above-mentioned participants, 108
individual scholars, experts on human rights and human
rights activists and observers attended the meetings. Among
them was the United Nations Goodwill Ambassador and Nobel
Prize Laureat, Mrs. Rigoberta Menchu Tum. More than 600
people attended the eleventh session of the Working Group.
ELECTION OF OFFICERS
12. At its 1st meeting, on 19 July 1993, at the proposal of
Mr. Alfonso MartSnez, supported by Mr. Hatano and Mr.
Boutkevitch, the Working Group re-elected by acclamation Ms.
Erica-Irene Daes as Chairperson-Rapporteur for the tenth
time in succession.
E/CN.4/Sub.2/1993/29
page 8
ORGANIZATION OF WORK
13. At its 1st meeting, the Working Group considered and
adopted the provisional agenda, contained in document
E/CN.4/Sub.2/AC.4/1993/L.1.
14. The Working Group held 16 public meetings, from 19 to 30
July 1993. The Working Group decided to devote the 2nd to
10th meetings to item 4 on standard-setting activities, five
meetings to item 5 on review of developments, one meeting to
items 6 and 7 related to the studies by the Special
Rapporteur on the study of treaties, agreements and other
constructive arrangements and on the study on the cultural
and intellectual property of indigenous peoples, and one
meeting on the remaining items of the agenda related to the
International Year of the World's Indigenous People, the
World Conference on Human Rights, the future role of the
Working Group and other matters. Three extended meetings
were held during the second week of the Working Group. In
accordance with established practice, the Working Group
continued to meet in private during and after the subsequent
session of the Sub-Commission for the purpose of finalizing
its report and adopting the recommendations contained
therein.
DOCUMENTATION
15. The following documents were made available to the
Working Group:
Provisional agenda (E/CN.4/Sub.2/AC.4/1993/L.1);
Note on the future role of the Working Group by the
Chairperson-Rapporteur, Ms. Erica-Irene A. Daes
(E/CN.4/Sub.2/AC.4/1993/8);
Draft declaration on the rights of indigenous peoples -
revised working paper submitted by the Chairperson-
Rapporteur, Ms. Erica-Irene A. Daes
(E/CN.4/Sub.2/1993/26) and explanatory note concerning
the draft declaration by the Chairperson-Rapporteur
(E/CN.4/Sub.2/1993/26/Add.1);
Information received from the Governments of Finland
and Mexico (E/CN.4/Sub.2/AC.4/1993/1); the Government
of Chad (E/CN.4/Sub.2/AC.4/1993/1/Add.1) and the
Government of Spain (E/CN.4/Sub.2/AC.4/1993/4);
Information received from United Nations organs and
specialized agencies: United Nations Development
Programme, World Health Organization
(E/CN.4/Sub.2/AC.4/1993/2); and the United Nations
Educational, Scientific and Cultural Organization; Food
and Agriculture Organization of the United Nations;
International Labour Organisation
(E/CN.4/Sub.2/AC.4/1993/2/Add.1);
Information received from indigenous peoples and non-
governmental organizations: Sami Parliament
(E/CN.4/Sub.2/AC.4/1993/3), the Centre for the Study of
Developing Societies (India)
(E/CN.4/Sub.2/AC.4/1993/3/Add.1) and the Movement
"Tupay Katari" (E/CN.4/Sub.2/AC.4/1993/6 and
E/CN.4/Sub.2/AC.4/1993/9);
E/CN.4/Sub.2/1993/29
page 9
Study on cultural and intellectual property of
indigenous peoples by the Special Rapporteur, Ms.
Erica-Irene Daes (E/CN.4/Sub.2/1993/28);
Review of developments pertaining to the promotion and
protection of human rights and fundamental freedoms of
indigenous populations, including economic and social
relations between indigenous peoples and States -
Information furnished by the Economic Commission for
Latin America and the Caribbean
(E/CN.4/Sub.2/AC.4/1993/CRP.1);
Review of developments - Information received from Manu
Ariki Marae (E/CN.4/Sub.2/AC.4/1993/CRP.2);
Review of developments pertaining to the promotion and
protection of human rights and fundamental freedoms of
indigenous populations, including economic and social
relations between indigenous peoples and States -
Information received from the Netherlands
(E/CN.4/Sub.2/AC.4/1993/CRP.3);
Draft Declaration on the rights of indigenous peoples,
as revised by the members of the Working Group on
Indigenous Populations (E/CN.4/Sub.2/AC.4/1993/CRP.4);
The Mataatua Declaration on Cultural and Intellectual
Property Rights of Indigenous Peoples, June 1993
(E/CN.4/Sub.2/AC.4/1993/CRP.5).
OTHER DOCUMENTS
Report on Santiago Meeting (E/CN.4/Sub.2/1992/31);
Study on treaties, agreements and other constructive
arrangements between States and indigenous populations
by the Special Rapporteur, Mr. Miguel Alfonso Martinez
(E/CN.4/Sub.2/1992/32);
Report of the Working Group on Indigenous Populations
on its tenth session (E/CN.4/Sub.2/1992/33 and Add.1.)
Report on the Nuuk Seminar (E/CN.4/1992/42);
The Rights of Indigenous Peoples (Fact Sheet No. 9);
General Assembly resolution on the International Year
of the World's Indigenous Populations (47/75);
ADOPTION OF THE REPORT
16. The report of the Working Group was adopted on 16 August
1993.
I. GENERAL DEBATE
17. A representative of the Assistant Secretary-General for
Human Rights and Coordinator of the International Year of
the World's Indigenous People delivered the opening
statement. He drew attention to the provisional agenda of
the eleventh session of the Working Group on Indigenous
Populations which
E/CN.4/Sub.2/1993/29
page 10
contained several new items. He referred in particular to
the study of the Special Rapporteur on the cultural and
intellectual property of indigenous peoples, to the
International Year of the World's Indigenous People, to the
World Conference on Human Rights, as well as to the future
role of the Working Group of Indigenous Populations itself.
He recalled that the Working Group had been requested by the
Commission on Human Rights, in resolution 1993/31, and by
the World Conference on Human Rights, in its final document,
to complete its drafting of the declaration on the rights of
indigenous peoples. He also recalled that the Working Group
had before it the progress report of the Special Rapporteur
on treaties, agreements and other constructive arrangements
between States and indigenous populations and should review
developments pertaining to the promotion and protection of
the human rights and fundamental freedoms of indigenous
populations. In all, the task before the Working Group was a
formidable one.
18. The representative of the Assistant Secretary-General
reported on the results of two recent meetings that were of
importance to indigenous peoples. Firstly, the
recommendations made to the General Assembly in the
Programme of Action contained in the Final Document of the
World Conference on Human Rights requested the Commission on
Human Rights to consider how the Working Group's mandate
could be renewed and updated, that an international decade
of the world's indigenous people be proclaimed, to begin in
January 1994, and that, in the framework of such a decade, a
permanent forum for indigenous people should be established.
Secondly, the reconvened technical meeting on the
International Year which was held from 14 to 16 July at
Geneva had adopted a series of recommendations aiming at
practical action to be taken during the remainder of the
year and calling for adequate resources and planning with
the full participation of indigenous peoples.
19. The representative expressed the view that, while it was
clear that the rights of indigenous peoples were now
formally and fully part of the United Nations agenda, this
did not mean that the concerns of indigenous peoples were
being adequately met by the programmes of the United Nations
system. More could be done to ensure that the existing
mechanisms and programmes of the Centre for Human Rights -
especially the opportunities which existed through the
treaty bodies and the Voluntary Fund for Technical
Cooperation - could respond better to the needs of
indigenous peoples. The eventual declaration on the rights
of indigenous peoples would serve as a guiding document not
only for States but also for those United Nations
organizations concerned with operational activities and
technical assistance. He paid tribute to the Working Group:
to the dedication of its five members, to the skill, energy
and commitment of its Chairperson-Rapporteur of nearly 10
years, and to the many hundreds of representatives of
indigenous nations, peoples and communities who had shared
their experiences over the years, making the Working Group
the motor for change in the United Nations system, where
ideas were born and new programmes generated.
20. In her opening statement, the Chairperson-Rapporteur
stressed the importance of the eleventh session of the
Working Group on Indigenous Populations. The session fell at
the mid-point of the International Year of the World's
Indigenous People and therefore provided the participants
with an opportunity to take stock of the progress made thus
far, as well as to consider ways to ensure that the Year
would be a success. The Year should
E/CN.4/Sub.2/1993/29
page 11
lead up to the adoption of a comprehensive United Nations
agenda for indigenous people, the outline of which should be
discussed during this session of the Working Group so as to
enable it to be considered by the Secretary-General in his
report on the results of the Year. Secondly, the
Chairperson-Rapporteur noted that during the session the
drafting of the United Nations declaration on the rights of
indigenous peoples, begun in 1985, should be completed.
During the period 1985-1993, the indigenous peoples of the
world community, governmental organizations, specialized
agencies and other organizations had expressed their views
and provided information on which the declaration was based.
In particular, indigenous peoples and representatives had
actively participated in the drafting process.
21. The past 12 months had been an exciting and challenging
time for indigenous peoples, since international interest
and concern for issues relating to indigenous peoples had
grown considerably. She stressed, however, the continuing
critical lack of resources for the taking of concrete action
by the United Nations. Nowhere had that been more apparent
than in the management of the International Year of the
World's Indigenous People which, despite the best intentions
of the sponsors of the initiative, had thus far attracted
the least amount of financial support of any major United
Nations international year or celebration. She also
regretted that the stated interest of many international
agencies in developing programmes to support indigenous
people's self-development, especially in the environmental
field, had not yet been translated into reality. This was
very disappointing, in view of the expectations raised by
the United Nations for more than a decade as well as in view
of the shift of the challenge for the Working Group: in the
early days its work was concerned with the survival and
humane treatment of indigenous peoples but was now giving
indigenous peoples the opportunity to make their own
contribution to the national development and progress of the
countries in which they live. These countries now looked to
the United Nations for models and concrete support in
building a new social compact with indigenous peoples - one
that could help strengthen national unity as well as
cultural integrity, human rights, development and democracy.
22. The decision of the General Assembly to include a
special item on the agenda of the World Conference on Human
Rights commemorating the International Year of the World's
Indigenous People was gratifying. The Vienna Declaration
adopted by the Conference recognized "the inherent dignity"
of indigenous people, as well as the "value and diversity of
their distinct identities, cultures and social
organization", and the importance of respecting the rights
of indigenous peoples for ensuring national stability and
development. More concretely, the Vienna Declaration
supported providing United Nations technical assistance to
indigenous peoples in the field of human rights, through the
programme of advisory services. It also endorsed indigenous
peoples' own calls for extending the International Year into
a decade, called on the Working Group to complete the
drafting of the declaration on indigenous rights and
recommended further consideration of the creation of a
permanent forum for indigenous peoples within the United
Nations system. The latter recommendation was the first
official acknowledgement by any United Nations body of
indigenous peoples' aspirations for a formal place in United
Nations decision-making. In that connection, the
Chairperson-Rapporteur appealed to the Assistant Secretary-
General for Human Rights to establish as soon as possible
the already envisaged special unit for indigenous peoples
within the
E/CN.4/Sub.2/1993/29
page 12
Centre for Human Rights. She also requested the Secretary-
General to elaborate a substantive mandate for and define
the role of the Goodwill Ambassador, Mrs. Rigoberta Menchu
Tum, as soon as possible, with her advice and express
consent, authorizing her, INTER ALIA, to exchange views with
Governments on the specific problems which must exist in the
countries she visited during her United Nations missions and
to discuss, among other things, possible projects from which
the indigenous peoples and the Governments concerned would
both benefit.
23. The Chairperson-Rapporteur informed the meeting of the
results of two recent meetings convened as a follow-up to
last year's United Nations Conference on Environment and
Development (UNCED). The Preparatory Committee for the
International Conference on Population and Development
agreed at its first substantive session to include some
specific sections on indigenous peoples in its outline for
the final act of the conference, to be held in Cairo in
September 1994. Also, the United Nations Commission on
Sustainable Development had endorsed, INTER ALIA, the
recommendation of UNCED that the United Nations should
organize formal annual consultations with indigenous peoples
to ensure that the United Nations operational activities
took account of their rights and perspectives at a global
level. The Chairperson-Rapporteur hoped that the relevant
United Nations programmes and specialized agencies would
take the opportunity provided by the present session of the
Working Group to discuss with indigenous representatives a
plan for the implementation of that extremely important
decision. She further appealed to all the indigenous peoples
represented at the meeting to make every effort to attend
all of the United Nations meetings which concerned them and
to participate actively and conscientiously in all of the
work, so as not to lose the important new momentum.
24. Mr. Alfonso Martinez, explaining that he had been unable
to attend a meeting with representatives of indigenous
peoples in Alaska because of an unreasonable delay in
processing his visa application at the United States
consulate, as requested by the United Nations representative
in Havana, urged Governments to facilitate the work of the
Special Rapporteur in the fulfillment of his mandate.
25. The observer for Australia expressed his gratitude for
Ms. Daes' visit to Australia in June 1993 and for her
efforts to engender universal awareness of the plight of
indigenous peoples. The current session of the Working Group
was important not only because of the International Year of
the World's Indigenous People but also because Australia was
scrutinizing its obligations toward its Aboriginal and
Torres Strait Islander peoples in the light of the High
Court of Australia's decision on Native Title in the case of
Mabo v. Queensland. He expressed the hope that the Working
Group could reach a consensus on a balanced text for the
declaration, acceptable to indigenous peoples, Governments
and the international community. The report of the Working
Group would be more useful if the observer Governments which
made comments were identified and if the section on review
of developments was structured along the lines of the draft
declaration. The Commission on Human Rights should establish
a working group to consider the draft declaration, with the
participation of indigenous people.
E/CN.4/Sub.2/1993/29
page 13
26. The observer for the Dene Nation requested a
postponement of the consideration of agenda item 4 because
of the differences in the texts of the draft declaration
between documents E/CN.4/Sub.2/1992/23 and
E/CN.4/Sub.2/1993/26 on which the debate would be based.
27. The Chairperson-Rapporteur said that document
E/CN.4/Sub.2/1993/26 was based on the discussion of last
year and included views and suggestions of indigenous
peoples and Governments. Apart from article 3 on self-
determination no radical changes had been introduced.
28. The Chairperson-Rapporteur, replying to a question from
the observer for Colombia, said that the documents of the
Technical Meeting on the International Year of the World's
Indigenous People were in the process of being edited and
translated and would hopefully be available to the meeting.
29. At the 2nd meeting, the Chairperson-Rapporteur invited
the participants to observe a minute of silence in
commemoration of all indigenous people who had died in the
past centuries in the struggle to defend their fundamental
rights.
30. The United Nations Goodwill Ambassador, Ms. Rigoberta
Menchu Tum, participated in the 4th to 14th meetings. She
expressed her appreciation to the Working Group and its
Chairperson-Rapporteur. Under agenda item 4, she stressed
the importance of the draft declaration for the struggle of
indigenous peoples and, under agenda item 5, summarized the
most pressing concerns of indigenous peoples in relation to
recent developments.
31. At the 4th meeting, the Deputy-Minister of the State
Committee of the Russian Federation on the North Affairs
addressed the Working Group. The Working Group had become a
focal point for indigenous affairs. She endorsed the
recommendations made by the World Conference on Human Rights
to declare a decade of the world's indigenous people and to
create a permanent forum to address indigenous people's
issues.
32. The Working Group was addressed by the Under-Secretary-
General for Policy Coordination and Sustainable Development
who spoke about the role and mandate of this unit in the
follow-up of UNCED, in particular as regards the
participation of indigenous peoples in the process of
sustainable development.
33. The Premier of the Home Rule Government of Greenland
noted that developments over the past 11 years had shown
that the recognition of indigenous peoples and their right
to self-determination were not destructive to State unity.
He commended the role the United Nations had played and
continued to play in promoting the cause of indigenous
peoples, by recognizing that the rights of indigenous
peoples must be treated as distinct from the minorities
issue and by establishing the Working Group, thereby giving
indigenous peoples a forum for standard-setting activities
as well as a place to raise matters of concern to them.
34. In her concluding statement the Chairperson-Rapporteur
said that the eleventh session of the Working Group had been
one of the most successful sessions held so far. The second
and final reading of the draft declaration had been
successfully completed, two studies by members of the
Working Group
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page 14
had been considered and a debate on a future role for
indigenous peoples in the United Nations system had begun.
Speaking of the progress made on standard setting she
recalled that the Sub-Commission, the General Assembly at
its forty-seventh session and the World Conference had
called on the Working Group to complete the drafting of the
declaration. All amendments to the draft declaration made by
participants during the second reading would be taken into
consideration by the Working Group before it submitted its
report, containing a revised draft of the declaration, to
the Sub-Commission. Indigenous representatives would have an
opportunity to address the Sub-Commission and the Commission
on Human Rights and make their views known during the debate
on the draft declaration.
35. The Chairperson-Rapporteur also addressed the future
role of the Working Group, emphasizing that a number of
highly interesting suggestions had been made by indigenous
peoples and observer Governments. The World Conference on
Human Rights had recommended to the General Assembly that it
consider updating the mandate of the Working Group and
establishing a permanent body for indigenous peoples within
the United Nations. In that connection, she referred to her
note on the future role of the Working Group
(E/CN.4/Sub.2/AC.4/1993/8).
36. The Chairperson-Rapporteur emphasized that the eleventh
session of the Working Group once again gathered a large
number of participants, observer Governments, organizations
of the United Nations system, indigenous, nations,
organizations and communities and non-governmental
organizations as well as individual experts and scholars, in
total more than 600 persons. She mentioned that many
indigenous representatives had received assistance from the
Voluntary Fund to attend the Working Group. She expressed
her gratitude to all the Governments which had contributed
to the Voluntary Fund, and to the Chairman of the Board of
Trustees of the Voluntary Fund. She also thanked the members
of the Working Group and all participants for their work and
the secretariat for its support. She further expressed her
gratitude to the Indigenous Centre for Documentation,
Research and Information and the International Service for
Human Rights for the technical support and assistance they
had provided to indigenous representatives.
II. EVOLUTION OF STANDARDS CONCERNING
THE RIGHTS OF INDIGENOUS PEOPLES
37. At the 2nd meeting, the Working Group considered agenda
item 4. After the meeting the representatives of the
indigenous peoples held two informal consultations the
conclusions of which were reported to the Working Group by
Mr. Moana Jackson of the Maori Legal Services at the 3rd
meeting.
38. The Working Group started the second reading of the
draft declaration at its 4th meeting. On the basis of the
discussion of the draft declaration held during the previous
meetings the Working Group elaborated a new draft which was
presented by the Chairperson-Rapporteur at the 5th meeting
on 21 July 1993. It was agreed to use the word "articles",
not "paragraphs", in future in the draft declaration. The
new draft, on which the further reading of the draft
declaration was based, is contained in document
E/CN.4/Sub.2/AC.4/1993/CRP.4.
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page 15
A. General comments
39. At the 4th meeting, the United Nations Goodwill
Ambassador, Ms. Rigoberta Menchu Tum, addressed the meeting.
The draft declaration would have to be an instrument which
facilitated the struggle of all indigenous peoples. Thus
far, the drafting procedure had shown considerable progress
but before the declaration could be enshrined within the
framework of international instruments, gaps needed to be
filled. It would be paramount to reach consensus on the
issue of self-determination. Furthermore, the right to
ownership of land by indigenous peoples could not become a
peripheral issue. Unfettered enjoyment of those rights
created the very essence of the cultures and societies of
indigenous peoples and must be entrenched in the document.
There were many promising developments. Thus far, the
discussions had displayed the perseverance and unity of
indigenous peoples as well as the good will of a number of
States. It was essential that the draft not be viewed as a
threat to Governments or a source of friction, but as a
mechanism which would eliminate conflict in the future.
40. The observers for a number of Governments emphasized
that the Working Group was called upon to finish the draft
declaration at this session and expressed their hope that
this aim could be achieved. Representatives of indigenous
peoples also expressed their commitment to the drafting
process but some of them stressed that the speedy
finalization of the declaration could not be an end in
itself; the declaration should reflect indigenous peoples'
aspirations in the best possible way. A number of
representatives of indigenous peoples also expressed the
view that the draft declaration should be short and clear so
as to provide a document which was accessible and
understandable to all indigenous peoples, not only to those
involved in the current process.
41. The observers for several Governments stressed that the
Working Group was called upon to produce a document that
could be accepted by the other organs of the United Nations.
The observer for Chile expressed the readiness of his
Government to participate in the elaboration of a consensus
document.
42. Another issue which was frequently addressed by
governmental observers was the need to make the draft
declaration as flexible as possible. The observer for Japan
pointed out that a flexible text was needed so as to take
into account the different historical and social contexts in
which indigenous peoples lived, as well as the different
administrative systems of the countries concerned. The
observer for Norway stressed that such flexibility must be
followed by strong protection of the rights of indigenous
peoples.
43. The observers for some Governments pointed out that the
draft declaration in its present form did not contain a
definition of "indigenous peoples". The observer for Japan
expressed the concern that this might give rise to
subjective interpretations as to which groups were entitled
to the rights contained in the declaration.
44. The Chairperson-Rapporteur replied that, for the
purposes of the draft declaration, the working definition of
"indigenous peoples" contained in the study by Maretinez
Cobo (E/CN.4/Sub.2/1983/21/Add.8, paras. 362-382) should be
applied.
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page 16
45. The observer for Canada recognized that working papers
E/CN.4/Sub.2/26 and E/CN.4/Sub.2/1993/CRP.4 contained some
of the views of his Government. He added that all rights
under the declaration should be available, without
discrimination, to both male and female persons and proposed
that a provision to this effect be included.
46. The observer for a non-governmental organization drew
attention to the fact that the draft declaration in its
present form did not contain any implementation mechanism.
The observer for the International Indian Treaty Council
suggested that the draft declaration should include a number
of issues which were missing in the present text: the rights
of indigenous workers should be included and reference made
in this context to ILO Convention No. 169 of 1989; an
article on genocide should be elaborated and the right of
indigenous peoples to have access to health services should
be included.
47. Several representatives of indigenous peoples commented
on the need to use the term "peoples", in the plural, both
in the draft declaration and in other documents because the
singular form was perceived by indigenous peoples as
discriminatory, denying them rights available to other
peoples.
48. Following a request for clarification of the terms
"cultural genocide" and "ethnocide", the Chairperson-
Rapporteur explained that "cultural genocide" referred to
the destruction of the physical aspects of a culture, while
"ethnocide" referred to the elimination of an entire
"ethnos" and people.
B. Comments on specific provisions of the
draft declaration
49. During the discussion a number of questions proved to be
of particular importance to the participants. A great number
of indigenous representatives and of governmental observers
expressed their views on the issue of "self-determination",
on the implications of using or not using the term
"indigenous peoples" and on the issue of "collective rights"
and "land rights".
50. The majority of the governmental observers expressed
reservations on the issue of self-determination. The
observer for Canada emphasized that his country supported
the principle that indigenous people qualified for the right
of self-determination in international law on the same basis
as non-indigenous people. In all other cases "self-
determination" of indigenous people had to be granted within
the framework of existing nation States. The notion of self-
determination as used in the draft declaration implied the
right of indigenous people to unilaterally determine their
political, economic and social status within the existing
State, while it was not clear how the concepts of self-
determination, self-government and autonomy which were
addressed in articles 3 and 29 of the draft interrelated and
what the range of powers of indigenous governments would be
and how they would relate to the jurisdiction of existing
States.
51. The observer for Finland stated that his country was in
favour of the use of the concept of self-determination in
the draft declaration. The observer for Denmark stated that
the exercise of the right of self-determination was a
precondition for any full realization of human rights for
indigenous peoples. His country supported the formulation in
the draft declaration that indigenous
E/CN.4/Sub.2/1993/29
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peoples had the right to autonomy and self-government in
matters relating to their internal and local affairs. The
enjoyment of the right to autonomy and self-government
constituted the minimum standard for the survival and the
well-being of the world's indigenous peoples.
52. The observer for New Zealand stated that a distinction
could be made between the right of self-determination as it
currently existed in international law, a right which
developed essentially in the post-Second World War era and
which carried with it a right of secession, and a proposed
modern interpretation of self-determination within the
bounds of a nation State, covering a wide range of
situations but relating essentially to the right of a people
to participate in the political, economic and cultural
affairs of a State on terms which meet their aspirations and
which enable them to take control of their own lives. He
suggested seeking language on self-determination which
committed Governments to work with indigenous peoples in a
process of empowerment within the State in which they lived.
53. The observer for Chile stated that the draft declaration
should recognize the right of indigenous people to self-
determination but that that concept had to be made
subordinate to the concept of unity and territorial
integrity of States. In the same context, the observer for
Australia suggested that, in order to relieve the inherent
tension between the concepts of self-determination and
territorial integrity, language be included to ensure that
nothing in the draft declaration would be construed as
authorizing or encouraging any action which would be
detrimental to the territorial integrity of States. Such an
approach was already taken in the Declaration on Principles
of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of
the United Nations.
54. The observer for the Russian Federation said that when
discussing the issue of self-determination it must be borne
in mind that indigenous peoples lived in very different
regions of the world and that they might require totally
different aspects of self-government. She felt that
paragraph 29 did not cover all aspects that fell under the
notion of self-determination and self-government and
suggested that the declaration should contain only the
general principle.
55. The observer for Brazil pointed out that some of the
concepts proposed in the draft might encounter difficulty in
being accepted by many Governments, in particular those
relating to self-determination as defined by existing
international law, the extent of the rights of property over
indigenous lands, demilitarization of indigenous lands, and
the impossibility of removal of indigenous populations from
their lands.
56. The opinion of the indigenous peoples was expressed by
Mr. Moana Jackson who reported on the conclusions reached in
the informal meeting held by the representatives of
indigenous peoples. They were worried about attempts to
limit the concept of self-determination to the conduct of
internal affairs. He stated that the right of self-
determination, contrary to what the observer for New Zealand
had said, was not primarily a post-Second World War concept
but had existed since time immemorial and was not dependent
exclusively on international law for its understanding.
Indigenous peoples claimed for themselves a right to a
subjective definition of the right to
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page 18
self-determination. The informal meeting proposed to amend
articles 3 and 29 of the draft declaration as contained in
document E/CN.4/Sub.2/1993/26. The issue of self-
determination should be dealt with in a new article 1 and be
worded along the lines of the two International Covenants on
Human Rights.
57. A number of representatives of indigenous peoples
expressed the view that the right of self-determination was
the pillar on which all the other provisions of the draft
declaration rested and the concept on which its integrity
depended. One argued that there seemed to be consensus that
the right of self-determination should be considered a rule
of JUS COGENS, implying that this right was of such a
profound nature that no State could derogate from it. Many
representatives of indigenous peoples emphasized that the
declaration must express the right of self-determination
without any limitations or qualifications.
58. In this context representatives of indigenous peoples
voiced their concern that the right of self-determination as
contained in articles 3 and 29 might give rise to
restrictive interpretations. The observer for the National
Aboriginal and Islander Legal Services pointed out that
while all other peoples were granted the full right to self-
determination as defined by the International Covenants, the
declaration seemed to limit indigenous peoples' right to
self-determination. The observer for the Nordic Sami Council
proposed that the issue of self-determination, in accordance
with its importance, should be dealt with in the first
operative paragraph or article and that the exact wording of
article 1 of the two International Covenants should be used.
The observer for the Haudenosaunee Nation, delivering a
joint statement on behalf of the indigenous representatives
of Australia, made similar proposals.
59. The observer for the Aboriginal and Torres Strait
Islander Commission mentioned the recent visit of the
Chairperson-Rapporteur to Australia and recalled that during
her visit she had suggested that a distinction be made
between "external" self-determination, by which peoples
liberated themselves from imposed alien rule, and "internal"
self-determination, by which collective groups of indigenous
peoples sought to preserve and develop their cultural and
territorial identity within the political order of the State
in which they lived. The observer stressed the fact that
"self-determination", to Australia's indigenous peoples,
meant to seek increasing autonomy in terms of self-
management and self-government but was not understood as a
mandate for secession. Therefore, a need to stress the
territorial integrity of States in the draft declaration
could not be perceived.
60. The observer for the American Indian Movement of
Colorado expressed the view that the right of "self-
determination" could not be limited to those peoples who had
already established their States. He emphasized that
accepting a concept of "self-determination" which
encompassed not merely self-government but the right to
freely choose a political status would not automatically
lead to the dismemberment of States. Conflict and disruption
were not caused by demands for the right to self-
determination, as some Governments had suggested, but by the
fact that peoples were forced to assimilate into States that
did not respect their distinctive identities.
E/CN.4/Sub.2/1993/29
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61. A number of scholars also expressed their views on the
concept of self-determination. Prof. Maivan Lam stated that
she shared the view of the majority of indigenous peoples
present. She stressed that indigenous peoples had the same
right as all other peoples to self-determination and that
many international jurists today held the view that the
right of self-determination had achieved the status of JUS
COGENS and was therefore not subject to changes by States.
Moreover, she drew attention to the fact that the
International Court of Justice had in the Western Sahara
case expressed the view that the right to self-determination
belonged to peoples, not to States. Prof. Thornberry
emphasized that the international law on self-determination
was not static. Although a powerful case could be made that
self-determination formed part of JUS COGENS, the precise
form taken by self-determination was subject to historical
change. He pointed out that the concept of self-
determination as it was shaped by the Working Group was
itself part of the change. Prof. Jim Anaya argued that the
right of self-determination was a long-standing idea. He
referred to two aspects of self-determination: one
constitutive, the other ongoing. The first was linked to the
rights of peoples to determine their political status, the
second concerned the rights of groups and individuals to
make meaningful choices in matters of concern to them on an
ongoing basis. He added that secession was not usually
desirable and could in many cases prove to be detrimental to
the interests of indigenous peoples.
62. Another issue which was frequently addressed was the use
of the term "indigenous peoples". Observers for Governments
expressed their concern that the use of the term "peoples"
would have implications under international law, because of
its link with the right of self-determination. The observer
for Canada proposed that the draft declaration should
contain a provision specifying that the term "peoples" had
no consequences for the right of self-determination under
international law. If such a clarification were not made it
would mean that there was a right to secede; even if
secession were not chosen, it would still imply the right of
indigenous peoples to enact laws concerning their political,
economic, social and cultural status without regard to or
application of the laws of the surrounding State.
63. The observer for Brazil noted that the use of the term
"peoples" instead of "people" was not consistent with that
in other United Nations documents, including chapter 26 of
Agenda 21.
64. The observer for Sweden proposed adding an explanatory
definition such as the one included in ILO Convention No.
169 of 1989, which provided that "the use of the term
'peoples' in this Convention shall not be construed as
having any implications as regards the rights which may
attach to the term under international law." The observer
for Norway stated that his delegation supported the proposal
to use the term "indigenous peoples" in the plural, in the
draft declaration so as to meet the indigenous peoples' own
requests.
65. Mr. Jackson voiced the concern of indigenous
representatives, expressed at the informal consultations,
that they not be addressed as "indigenous peoples" in the
declaration. That was to destroy their collective basis and
to continue colonial domination. They should be referred to
as "indigenous people" or "populations".
E/CN.4/Sub.2/1993/29
page 20
66. Many representatives of indigenous peoples stressed that
the term "peoples" had primarily historical implications for
them. The Chief of the Grand Council of the Crees, for
example, pointed out that they had defined themselves as
peoples since time immemorial. Others emphasized that only
the use of the term "peoples" would reflect the notion of
collectivity on which indigenous life was based. The term
"indigenous people" or "populations" signified only a group
of individuals and therefore denied them their collective
identity.
67. The observer for the Indian Council of Indigenous and
Tribal Peoples suggested that the language of the draft
declaration should follow ILO Convention No. 169 and use the
term "indigenous and tribal peoples" so as to include the
Asian peoples who are usually referred to as tribal peoples.
68. A number of participants raised the question of
"collective rights". The observer for the United States of
America pointed out that the draft declaration referred in
numerous instances to the collective rights of indigenous
groups. She expressed concern about the fact that those
references went far beyond the limited collective rights
recognized in international law or the practice of States.
The draft declaration did not define "indigenous peoples".
Hence, there were no criteria for determining what groups of
persons could assert the proposed new collective rights. She
expressed concern that in some circumstances the
articulation of group rights could lead to the submergence
of the rights of individuals.
69. The observer for Sweden stated that the notion of
collective human rights should be formulated carefully. The
concept of human rights flowed from the idea of the inherent
rights of each individual. This concept should not become
weakened or ambiguous. Therefore, indigenous rights, even
when exercised collectively, should be based on the non-
discriminatory application of individual rights. He
suggested an approach similar to the one adopted in the
Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities.
70. On the question of "land rights", the observer for
Canada stated that the draft declaration drew no distinction
between "lands" and "territories", nor was it clear whether
they were intended to mean only those lands and territories
where indigenous people had or could establish legal titles
to all lands and territories which they claimed. The
provision in article 24 that indigenous people "have the
right to own, control and use their lands and territories",
in combination with the statement in article 23 that lands
and territories are those that have been "traditionally
owned or otherwise occupied or used", gave those articles a
far-reaching effect. Article 25, establishing a principle of
restitution of land, is also problematic for Canada which
had devised a system of negotiated settlements
(comprehensive land claims agreements) with indigenous
people. The observer reiterated the Canadian recommendation
that a "reasonable limits" clause should be introduced in
the declaration in order to enable more Governments to
support it.
71. The observer for Sweden pointed out that, while the land
rights of indigenous populations were generally discussed in
terms of ownership and possession, he stressed the
importance of "usufruct", a strongly protected
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page 21
legal right to use land, as an alternative concept. The
Swedish Supreme Court had recognized the right of "usufruct"
as a customary right of the Sami population in one large
land area.
72. The observer for Finland stated that the article on land
rights was quite far reaching even in comparison to article
14 of ILO Convention No. 169. The ILO Convention made a
distinction between lands traditionally occupied by
indigenous peoples and lands "not exclusively occupied by
them". He recommended that a similar approach be taken in
the draft declaration.
73. The observer for the Dene Nation emphasized that the
declaration must include a clear right of indigenous peoples
to own their lands and resources. Similarly, the observer
for the Nordic Sami Council stressed that the draft
declaration should clearly guarantee the ownership of
traditional lands by indigenous peoples and recognize their
hunting and fishing rights; other concepts, like mere
"usufruct", as suggested by the Swedish delegate, were not
able to meet the concerns of all indigenous peoples.
74. The observer for the International Labour Office
suggested that reference be made in the preamble to ILO
Convention No. 169 of 1989, while a number of indigenous
representatives expressed doubts about the appropriateness
of such a reference since that Convention, INTER ALIA,
narrowed the concept of self-determination and had been
ratified by a very small number of States.
75. The Chairperson-Rapporteur read out the text of revised
article 3 on self-determination, contained in document
E/CN.4/Sub.2/AC.4/1993/CRP.4. It met with the approval of
all representatives of indigenous peoples and other
participants.
III. REVIEW OF DEVELOPMENTS PERTAINING TO
THE PROMOTION AND PROTECTION OF HUMAN
RIGHTS AND FUNDAMENTAL FREEDOMS OF
INDIGENOUS POPULATIONS
76. Agenda item 5 was discussed at the 11th to the 15th
meetings, from 27 to 30 July 1993. One hundred and twenty
six speakers addressed the item. The Working Group decided
to adapt a proposal by Australia to structure the report on
agenda item 5 along the lines of the draft declaration.
Therefore, the subheadings of this section reflect the main
issues addressed in the draft declaration.
77. In her introduction to agenda item 5 the Chairperson-
Rapporteur emphasized that the review of developments
pertaining to the promotion and protection of human rights
and fundamental freedoms of indigenous populations was a
fundamental part of the mandate of the Working Group as set
out in Economic and Social Council resolution 1982/34. The
item was of great importance to indigenous peoples and at
the same time it provided invaluable information to the
members of the Working Group and to other participants.
78. Ms. Rigoberta Menchu Tum, addressed the Working Group
under agenda item 5. She said that on the basis of the
requests that she had received over the last year, she was
of the impression that the following issues were of the
greatest importance to indigenous peoples: land rights, the
participation of indigenous peoples in decision-making
procedures, the militarization of
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indigenous communities and forced displacement, as well as
cultural repression. Moreover, she underlined the importance
of indigenous participation in the United Nations system,
especially in development programmes.
A. Right of self-determination and
political participation
79. Indigenous participants reported on their struggle for
self-government and increased participation in decision-
making processes affecting their lives. Some acknowledged
steps taken by Governments to give them greater autonomy
while others described situations of repression or
assimilationist policies. One representative mentioned, for
example, that although indigenous peoples formed the
majority of the country, their participation in public life
was kept to a minimum. Numerous representatives referred to
the importance which the articles on self-determination in
the draft declaration would have in their further efforts
for recognition of their political status.
80. An indigenous representative pointed out that although
the Government in his country recently abandoned the notion
of a "racially homogenous country", his people had not been
recognized as indigenous yet but only as "minorities" and
that the Government used the lack of a definition of
"indigenous peoples" in international law as an excuse for
its policy.
81. The observer for India explained that the application of
the term "indigenous people" was not adequate for his
country because its entire population had been living on its
lands for several millennia. All these people were
indigenous and any attempt to make a distinction between
indigenous and non-indigenous would be artificial. He
elaborated further on the efforts made to promote the rights
and interests of the scheduled castes and tribes: a National
Commission had been constituted to monitor all matters
relating to the safeguards provided for those groups;
moreover, poverty alleviation and development programmes had
been designed to strengthen the economic and social status
of those most vulnerable groups of society. The observer
expressed grave concern at the appearance in the Working
Group of persons who, in his opinion, were openly
secessionist and xenophobic.
82. An indigenous representative drew attention to the fact
that even in the International Year of the World's
Indigenous People, the authorities of her country did not
recognize the existence of "indigenous peoples". The
Government referred to her people by using the expression
"isolated groups", who were described as primitive and
backward and their ideological and technical systems simple.
83. The observer for Norway reported on the activities of
the Sami parliament which started its work in 1989 and could
take initiatives in all matters that were of concern to the
Sami people.
84. Following Finland and Norway, the Swedish Government had
passed a law constituting a Sami parliament in December
1992. The primary task was to nurture a living Sami culture
in Sweden. It would allow the Sami people to participate in
public planning and to ensure that their needs were taken
into consideration in the utilization of land and water
resources. Legislation had
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also been passed to ensure that only members of Sami
communities could engage in reindeer herding and to prohibit
any use of the land which would interfere with this
activity.
85. The observer for Finland presented a review of
developments during the past year concerning the legal
position of the Sami. An amendment to the Parliament Act
stated that the parliament would hear representatives of the
Sami before deciding on matters which closely affected them.
An amendment to the Constitution concerning basic elements
of the Sami administration was currently under preparation.
The amendment aimed at delegating decision-making powers
from the central administration to the local level.
86. The president of the Sami Council stated that although
the current level of self-determination and self-government
was limited, recent developments were promising: with the
establishment of the Swedish Sami parliament all Nordic
countries now had constitutional and legal arrangements for
Sami self-government. As a next step, the Sami people would
try to achieve membership in the Nordic Council.
87. The observer for Canada pointed out that in parallel
with the land claim agreements that had been concluded over
the last year, negotiations on self-government had been
conducted. An example was the two Acts regarding the
territory of Nunavut. These Acts provided for Nunavut to
have its own public government with a commissioner, cabinet,
legislative assembly, public service and territorial court.
Residents of the area, Aboriginal or non-Aboriginal, would
thus have greater control over decisions affecting their
lives.
88. The observer for the United States noted that the
Charter of the United Nations referred arguably to the
principle of self-determination, not the "right".
89. The observer for an indigenous organization pointed out
that since New Caledonia had been put back on the list of
non-autonomous territories by the Special Committee of 24,
France refused to communicate to the Secretary-General of
the United Nations relevant information on the political,
economic, social and cultural situation of his country,
which was indispensable for the process of decolonization
initiated in 1987. His delegation was opposed to the
Matignon Agreement which postponed their opportunity to
achieve independence and provided for a referendum in 1998
when Kanak voters would be a minority. The signing of the
Matignon Agreement was not based on a free decision by the
Kanak people and it did not open the door to self-
determination.
B. Right to life, to exist in peace and to
protection against genocide
90. An indigenous representative appealed for intervention
in order to put an end to genocide in his country. He
mentioned that his people were in danger of extinction and
that the population had dwindled to less than 1 million
because of war, and that 85 per cent of their villages had
been destroyed. He claimed that his people were subject to
"ethnic cleansing", that their language was forbidden and
that their women were forced into mixed marriages.
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91. An observer for a non-governmental organization of the
Asian region drew attention to the fact that 500,000 of his
people were living in refugee camps in a neighbouring
country as a result of a civil war. He reported that this
country had announced that it would close all refugee camps
by the beginning of 1994 and expressed concern that forced
repatriation might result in massacres by government forces,
as had been witnessed before.
92. One indigenous representative recalled that his land was
militarily occupied by two countries which were committing
serious human rights violations. He mentioned that his
people had been subjected to indiscriminate killings,
torture, rape and starvation and that many of them had been
put into concentration camps. Moreover, he accused the
Government of systematically preventing access by reporters
to the territories of his people. As a result of this policy
little or no information about the events taking place had
reached the attention of the world community.
93. An indigenous representative described the genocide
taking place in her country. Despite the fact that democracy
had been restored, indigenous territories were still under
military rule. Over 600 gross human rights violations had
been committed by the military forces of the Government
during the past year, including looting, arson, religious
persecution, detention, torture, rape, murder and mass
killings. In one incident 1,600 people were burned in their
village. The Government had entered into a negotiating
process with the tribal peoples; however, so far it had
shown no real commitment to finding a political solution.
94. Another indigenous representative stated that his people
faced extinction. He described that his people, who lived in
a mountainous area, were surrounded by troops and subject to
attacks by helicopter gunships. Survivors were forced into
desert camps, where starvation prevailed. Moreover, the
Government had so far not allowed international aid agencies
to bring humanitarian relief to his people.
95. The representative of Amnesty International referred to
its 1992 report, the first publication focusing solely on
indigenous peoples. Attention was drawn to human rights
violations which ranged from the discriminatory use of the
death penalty against indigenous persons and discrimination
in the criminal justice system of many States, deaths in
custody and extrajudicial executions, to land and resource
conflicts. Indigenous peoples were often caught between two
sides when internal conflicts took place.
96. Indigenous representatives from different regions of the
world expressed their concern over the Human Genome
Diversity Project (HUGO), which had been nicknamed the
"Vampire Project". Over 700 indigenous communities worldwide
had been targeted by this project, under which scientists
would take blood, hair and tissue samples of indigenous
peoples in order to record and examine the gene structure.
This issue was of great concern because samples had been
taken without any consultation with the indigenous people
concerned or information about the project.
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C. Protection in armed conflict
97. An indigenous observer from the Asian region described
the conditions that women and children were living in
because of attacks by the armed forces on the ethnic
civilian population. Armed government forces were patrolling
the villages, interrogating and torturing the villagers. All
the men had to hide in the mountains, because they were
suspected of being in the armed resistance. Soldiers stole
food and raped the women, even in the presence of their
children and parents. Women, including pregnant women, and
children were made to carry out forced labour. In
particular, women and children were used as human
minesweepers. Many indigenous children died before the age
of five because of lack of medicines and doctors.
98. An observer of an indigenous group noted that this year,
an indigenous human rights worker was shot and killed by the
armed forces while on his way to document human rights
abuses. The incident was portrayed by the media as the
result of inter-tribal conflicts. In her country, indigenous
men are forced to participate in paramilitary groups which
were used against the indigenous community. This was
destroying the unity of the communities concerned; however,
communities which could not fill their recruitment quota
were subject to military reprisals. Military regulations had
severely restricted traditional economic activities. For
example, the curfew hours prevented people from cultivating
fields located at some distance from the villages and had
disrupted the entire agricultural cycle.
99. An indigenous observer from South America explained that
her society was matriarchally based and that women formed
the spiritual centre of society. That way of life was
endangered because the territories of her people had been
chosen for the construction of the biggest landing strip and
port in the region. At the same time the region had become
an important centre for drug trafficking. Women were
suffering from the militarization of the area and the
illnesses brought in by the soldiers. Indigenous people were
often forced to carry drugs across the border which divides
their ancestral lands. Therefore, the border police assumed
that all indigenous women were drug traffickers and
subjected them to body checks, which were carried out in an
inhumane and degrading way.
100. One observer for an indigenous group spoke about the
impact of internal war on children, who were bound to
reproduce a climate of violence when they became adults.
Many children were also materially or morally abandoned.
Because of this international adoption was promoted, hence
children were growing up in far-away countries and losing
their indigenous identity.
D. Right to practise cultural traditions,
religion and language
101. Many indigenous representatives voiced their concerns
about the misunderstanding and misinterpretation of their
respective cultures. While cultural traditions served
indigenous peoples as a spiritual source of their identity,
they were often viewed as backward and primitive by the
public. It was alleged that Governments were actively
oppressing indigenous cultures. One observer said that the
use of his indigenous language and the wearing of
traditional clothes were forbidden in schools; all written
materials, including indigenous legal documents, had been
destroyed.
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102. An indigenous observer stated that his Government
emphasized that the country had only 400 years of history,
thus denying the history of the indigenous peoples who had
inhabited the island for 6,000 years. He accused the
Government of promoting a policy of assimilation by
prohibiting the use of indigenous languages and the teaching
of indigenous history. Another indigenous observer pointed
out that his Government had implemented forcible religious
conversion in his community. All indigenous persons who were
not willing to adopt the new belief were subjected to
persecution.
103. An indigenous observer, speaking on behalf of the
second World Indigenous Youth Conference, emphasized in
particular the demand of indigenous youth to be able to
learn their own languages and learn their own histories,
traditions and values.
104. An indigenous observer mentioned the lack of protection
of Native American religion and sacred places in the
legislation of the United States. She said that her people
were facing interference with their religious ceremonies and
the desecration of a sacred site. She referred to Mount
Graham, the foundation of their culture, which was being
desecrated by a project to build three telescopes. As their
pleas to stop the project had remained unheard by the
international sponsors, her people were now engaged in a
lawsuit to stop the project.
105. The observer for Norway recalled that the right to
learn the Sami language has been guaranteed by law for a
long time. The right has been strengthened by a recent
amendment to the Act on Primary Schools. Moreover, an
amendment to the Sami Act had been adopted that gave Sami
speakers the right to use their language in their contacts
with local and regional authorities.
E. Right to education and to establish own media
106. The observer for an indigenous non-governmental
organization addressed the importance of education by saying
that it could serve as a vehicle for change and empowerment.
In this context the third World Indigenous People's
Conference: Education, which will be held in Wollongong,
Australia, in December 1993, was mentioned. The theme of the
conference will be: "Listen, learn, understand, teach - the
answers are within us". One of its major aims will be to
share educational and other life experiences between the
world's indigenous peoples.
107. The observer for New Zealand reported that initiatives
of the Maori community regarding education were being
supported by the Government. This included using Maori
language as the medium for instruction in early childhood
and primary education. Further initiatives were being
considered by the Maori community including secondary
education in the Maori language. These developments now made
the achievement of all levels of education in the Maori
language possible.
108. One indigenous observer stated that education for
indigenous children should not only be conducted in their
own language but should also apply indigenous teaching
techniques and methodologies. Under the current
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system 80 per cent of the children of his people did not
finish primary school, only 15 per cent finished secondary
school and only 1 per cent obtained a university degree.
109. An indigenous observer from Canada reported that the
authorities refused to translate into French a film entitled
"Acts of Defiance", which had been produced by a government
agency, about the confrontation between Mohawks and the
Government during the so-called "Oka crisis", because it
could upset the French Canadian public. He pointed out that
decisions such as those interfered with the endeavours of
his people to educate the French Canadian public, which was
hostile to indigenous aspirations, about indigenous affairs.
110. An indigenous observer from Hawaii reported on the
newly formed Hawaiian Broadcast Corporation, a Hawaiian
controlled entity which reported on indigenous affairs.
111. An aboriginal observer from Australia described how
journalists had portrayed the Native Title case. He said
that the press was stirring up public hysteria and the idea
that aboriginal peoples were going to "steal everyone's
backyard" in the wake of the decision.
F. Right to maintain their political,
economic and social systems and to
develop their own strategies for
development
112. Many indigenous peoples spoke of the poor social and
economic conditions existing in their territories. They
deplored the lack of basic health and education services,
leading to high infant mortality, low life expectancy and
high illiteracy rates. Others drew attention to the fact
that unemployment rates were often far above the national
average within indigenous communities. Some observers also
addressed the discriminatory use of laws against members of
the indigenous population resulting in a high percentage of
indigenous among the prison population.
113. An observer for a non-governmental organization in
Australia reported that owing to poor social and economic
conditions the estimated average life expectancy of
indigenous people was 39 years of age. An observer for a
First Nation in Canada said that there were many unnecessary
deaths among his people - the average age of death was 34
years - and cited statistics of 60-95 per cent unemployment,
prostitution of six and seven-year-old native children and
58 per cent native persons among the inmates of one prison.
An indigenous observer from South America pointed out how
mass emigration from the indigenous communities to the urban
centres because of the desolate economic and social
conditions in their territories led to the disruption of
traditional life.
114. Another problem of general concern to the indigenous
observers was that the indigenous population is often unable
to benefit from the overall economic development of the
country. On the contrary, ill-conceived development projects
often seriously affect their environment and traditional
livelihood, leading to the impoverishment of indigenous
communities. One observer pointed out that although his
country was proud of its rapid growth in terms of gross
national product, indigenous communities were still living
in absolute poverty.
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115. One observer alleged that development aid given by his
country was at least partly used to support the
militarization of an indigenous area in another country of
the region. A number of observers for indigenous
organizations underlined that development aid should take
the interest of indigenous peoples into account. Governments
and international development agencies should consult with
the indigenous population concerned, in particular before
carrying out large-scale development projects with great
impact on the environment.
116. Various indigenous observers from Latin America stated
that the privatization of State properties and services
which was currently under way had adverse effects on the
indigenous population. In many cases formerly State owned
health, education and communications services were now run
by profit-oriented private companies, which charged higher
fees. This hit the indigenous peoples hard because they
belonged to the poorer sectors of society.
117. One indigenous participant mentioned that his
Government's development plan constituted a threat to his
people. This plan comprised the construction of a geothermal
power-plant in indigenous territory, as well as the
conversion of traditional agricultural lands into areas for
industrial purposes. He expressed the indigenous peoples'
fear that they would be dispossessed and converted into
cheap labourers for industrial companies.
118. One indigenous observer focused on the particular
problems faced by indigenous women. The first Asian
Indigenous Women's Conference, held in January 1993, had
shown similar patterns of oppression throughout the region.
In one country indigenous women often become prostitutes
because they were either sold by their parents or tricked
into it by promises of a better future. In other areas
oppression of indigenous women took the form of rape and
sexual harassment by military forces. In some countries
tourism had been followed by sexual trafficking: young
indigenous women were brought to the cities and forced to
serve as prostitutes. On the other hand, health services for
indigenous women were rarely available.
119. The observer for Australia recalled that last year the
report of the Royal Commission into Aboriginal Deaths in
Custody and the reaction of his Government to it was
presented to the Working Group. He reported that his
Government had committed additional funds over a five-year
period to address the underlying causes of these deaths. The
money would provide a means by which aboriginal and Torres
Strait Islander peoples could acquire and develop land,
address the problem of substance abuse, create greater
opportunities for employment, education and training and
support economic development.
120. The observer for Chile pointed out that there was a
positive change in the attitude towards indigenous peoples.
A special committee on indigenous peoples had recently been
established and a law drafted on the protection and
promotion of indigenous peoples' rights. This law would
acknowledge the cultural and social specificity of
indigenous peoples and would contain provisions for
education in indigenous languages and would recognize custom
as a source of law regarding rights over natural resources.
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121. Another governmental observer reported that his
Government had established a bureau for indigenous affairs
which was entrusted with drawing up a plan for indigenous
development, the particular focus of which would be the
promotion of agricultural development. Reform of the
agrarian law was under way, part of a broader agenda for
protecting the country's biodiversity and maintaining
indigenous land-management structures. His country was also
about to ratify ILO Convention No. 169 of 1989.
122. According to an indigenous delegation, the authorities
of their country had implemented a programme aimed at
forcing them to follow the Government's economic policy.
People were forced to practise sedentary agriculture,
preferably lowland rice cultivation. They were also obliged
to shift from a subsistence to a market-oriented economy.
G. Right to lands and territories
123. The observer for Brazil reported that a new partnership
was developing between indigenous people and Brazilian
society, as reflected by the extensive ongoing demarcation
of indigenous land. Two hundred and seventy-two indigenous
areas had already been demarcated, of which 199 had been
ratified. Much remained to be done to accomplish the
demarcation of all indigenous lands, and the difficulties
faced by Brazil, such as lack of human and financial
resources, had made the government seek international
cooperation to that end. The deadline for finalizing the
demarcation, which had been set for October 1993, might need
to be reconsidered in context of the constitutional review
process which was about to be started.
124. The same issue was addressed by an indigenous observer
from Brazil who confirmed that the process of demarcation
had begun in the territory of his people. He expressed
concern that no legal settlement would be reached until
October 1993. He reported on a huge military project which
had seriously affected his people. As a first step a road
had been built through the rain forest where his people
lived. This gave gold miners easy access to his peoples'
lands. As a result many people had died from the diseases
brought in.
125. One indigenous observer reported that when his people
tried to organize themselves in order to regain land which
had been taken from them illegally, they had been charged
with forming an unlawful association and been taken to
court; 144 persons had been given prison sentences. Appeals
had been made and were still pending.
126. An indigenous observer reported that in his country
indigenous land rights were seriously curtailed because of a
law stating that abandoned land became State property and
could be sold. Often government authorities declared
indigenous lands which were temporarily not used for
agriculture to be abandoned, although it was well known that
indigenous agriculture was based on a system in which fields
after a period of use are left untilled in order to give the
soil time to recover.
127. The observer for Australia reported on the Australian
High Court's decision in the Native Title case, in which the
High Court rejected once and for all the legal fiction of
terra nullius, the notion that Australia
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was land belonging to no one at the time of European
settlement, in other words, a fiction which was used to
dispossess the indigenous peoples of Australia of their
lands. The decision had been recognized by the Government as
one of great moral and ethical importance to the nation and
had been welcomed by virtually all Australian churches and
faiths.
128. That case was also referred to by various Aboriginal
and Torres Strait Islander organizations, in particular the
representative of the National Aboriginal and Legal Services
Secretariat. All of them welcomed the decision but cautioned
that the majority of Aboriginal Australians could not
benefit directly from the decision and expressed their hope
that the decision would be translated into legal action. A
Torres Strait Islander observer emphasized the great
importance of the relationship to the land and especially of
water rights. He expressed the wish to see sea rights
recognized in the same manner as land rights had been
recognized. Concern was expressed by an indigenous observer
that Aboriginal peoples in Australia were lacking
information about the case.
129. The observer for New Zealand mentioned that one major
development over the last year was the passage of an Act,
based on the Treaty of Waitangi, which recognized that Maori
land was a valued possession inherited from the past and
passed to future generations. This Act would permit the
reversal of the fragmentation of land that had historically
hampered tribal economic development. Moreover, the
Government had issued proposals to end the perpetual right
of renewal of leased Maori land and to review the rents so
that they reflected market rates.
130. The observer for Canada reported on the latest
developments on aboriginal land claims. The observer
explained how negotiations had taken place and how
agreements concerning a considerable number of Aboriginal
Nations had been concluded. He described the historic
agreement between Canada and the aboriginal peoples of
Nunavut. Two Acts passed by Parliament in the previous month
would redraw the map of Canada by 1999 and provide for a new
political and economic future for the residents of Nunavut.
Title by the Inuit to 350,000 square kilometres of land
would be recognized and a financial payment of over C$ 1
billion, over 14 years, would be made. Additionally, the
agreement included wildlife harvesting rights, subsurface
rights and participation on wildlife and other resource
management boards within the territory.
H. Right to protection of the environment
131. The observer for Australia stated that his Government
remained committed to the concern of indigenous peoples in
the south of Australia who had lost their land as a result
of nuclear testing carried out by the British Government
during the 1950s and 1960s. The British Government had
finally agreed to contribute funds to decontaminate the
sites.
132. A number of indigenous observers voiced concern about
dumping of nuclear waste in their areas. It was reported,
for example, that Johnson Island, near Hawaii, was being
used by the United States and European countries as a
storage area for nuclear, radioactive and toxic waste. One
observer drew attention to the fact that the Government of
his country had established an
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office of nuclear waste aimed at seeking waste sites on
"state or Indian tribal lands". An indigenous observer from
Alaska mentioned that mining industries, along with a
nuclear power plant that had been built in the region, were
threatening the health of his people.
133. The observer for the World Uranium Hearing Society
stressed the direct link between the use of nuclear energy
and the survival of indigenous peoples. Vast quantities of
the world's uranium resources were located and extracted in
the territories of indigenous peoples. These territories
were often exploited for weapons testing and storage of
dumping of nuclear substances. At the World Uranium Hearing
in Salzburg, Austria, in September 1992, indigenous peoples
had demanded that uranium and other radioactive minerals
should remain in their natural location. The declaration
adopted by the Hearing is contained in the addendum to the
present report.
134. An indigenous observer pointed out that in his country,
the Government's policy of locating polluting industries
abroad did not only affect the lives of indigenous peoples
living in his country, but also the lives of indigenous
peoples in other parts of the world.
135. An indigenous observer noted the importance of clean
air and water as a basis for the integral relationship
between indigenous ways of life and the land. His people
were facing the threat of a pulp mill and a project using
the heavy-oil-stem-injection process. Both projects were
diminishing the air and water quality in the area.
136. The observer for Canada mentioned the Arctic
Environmental Strategy, a C$ 100 million programme designed
to address the most urgent environmental problems facing the
Arctic. The strategy had involved aboriginal organizations
in all aspects of programme planning and delivery which was
one of the main reasons for its success.
I. Cultural and intellectual property
137. A number of indigenous observers voiced concern about
the fact that the knowledge indigenous peoples had gathered
over centuries was being exploited by commercial companies
for their own profit. One indigenous observer stated that
although indigenous medicine was often portrayed as
primitive or even dangerous, 7,000 natural compounds used in
modern medicine had been utilized by indigenous healers for
centuries. The annual market value of pharmaceutical
products derived from medical plants discovered by
indigenous peoples exceeded US$ 43 billion. He deplored the
fact that pharmaceutical companies continued to patent
products and reap huge profits from the commercial
exploitation of traditional knowledge.
138. Two observers for indigenous groups referred to a plant
called una de gato (cat's nail) which had been used in the
indigenous medicine in their region since time immemorial.
They alleged that scientists of foreign companies had stolen
the plant and the traditional knowledge associated with it
and were trying to patent it. Moreover, the plant was facing
extinction in their territories because of abusive
extraction by traders. One observer suggested that the study
dealing with indigenous cultural and intellectual property
should incorporate the contents of the "Maatatua
Declaration".
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139. An indigenous observer expressed concern about the
manufacture and distribution of an alcohol product
exploiting the name of a revered chief and spiritual leader
of a Native American Tribe of North America. He asserted
that the use of the name was inappropriate and insulting and
all the more outrageous since alcohol had exacted a terrible
toll on indigenous peoples in the United States. They
suffered the highest incidence of alcoholism of any racial
group, the highest rate of foetal alcoholic syndrome and the
highest death rate from alcohol-related syndromes.
J. Right to natural resources
140. One indigenous observer described the situation of his
people who lived on the Pacific coast in an area of tropical
rain forest with one of the richest biodiversities in the
world. Development strategies financed by international
development institutions had served mainly to provide
infrastructure for the exploitation of his people's
ancestral lands, through deforestation and gold-mining
projects which had been carried out without consultation
with the people concerned. He pointed out some of the
adverse impacts these projects had on his people, who had
been turned into wage-earners as environmental degradation
caused by the exploitation of resources deprived them of
their livelihood. Many native workers were forced to accept
low-paying jobs in other areas, which led to the disruption
of their indigenous communities.
141. The observer for New Zealand mentioned the Maori
Fisheries Settlement of September 1992 which had resulted in
the effective control by Maori of 40 per cent of the New
Zealand commercial fishery resources in exchange for the
withdrawal of all cases against the Crown relating to Maori
fishery claims. Other indigenous observers complained about
the procedure that led to the agreement and said that the
Maori Fishery Settlement was not supported by many tribes.
142. An observer for an indigenous people living in Canada
accused a pulp and paper company of dumping effluents into
her people's traditional fishing waters and destroying the
salmon fishing. This interference with the livelihood of the
local indigenous population had been a direct breach of
aboriginal fishing rights.
143. An indigenous observer stressed the importance of water
rights. The Water Code of her country recognized indigenous
water rights, but it was not sufficiently put into practice.
Many indigenous farmers and homesteaders were without an
adequate supply of water for traditional forms of
subsistence agriculture, while resort developments and
commercial enterprises such as golf courses, hotels and
sugar cane fields used this precious resource.
K. Right to the observance of treaties
and other legal arrangements
144. An indigenous representative voiced the fear that the
possible secession of a part of the country in which his
people's territories were living might split up their lands
and might put treaty obligations into question.
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145. An indigenous speaker underlined the continuing
violation of treaties by legislation passed by the
Government of Canada, as a result of which the Government
was devolving unilaterally its fiduciary trust obligations
to the provinces. However, he expressed the hope that as a
result of pressure from the international community the
Government would once again recognize the nation-to-nation
treaty relationship established by their respective
ancestors.
IV. STUDY OF TREATIES, AGREEMENTS AND OTHER
CONSTRUCTIVE ARRANGEMENTS BETWEEN STATES
AND INDIGENOUS PEOPLES
146. Mr. Miguel Alfonso Martinez, the Special Rapporteur of
the Sub-Commission on treaties, agreements and other
constructive arrangements between States and indigenous
populations, gave the Working Group an introduction to the
first progress report of his study (E/CN.4/Sub.2/1992/32) on
30 July 1993. He apologized to the Working Group for the
fact that the report had not been available to the Group at
its previous session. He recalled that he had given an oral
presentation of his report at the 1992 session and mentioned
that the English version of the text had been made available
to the Sub-Commission at its forty-fourth session.
147. Good progress had been achieved in the research work
since September 1991. However, the disappointingly small
number of replies to the Special Rapporteur's questionnaire,
especially from indigenous peoples, continued to hamper the
progress of the study. He urged indigenous peoples and
Governments to provide the necessary information as soon as
possible.
148. The Special Rapporteur drew attention to the function
of the progress report by referring to the list of purposes
stated on page 8 of his report. He gave a short summary of
the contents of each of the chapters of the report, which
broadly reflected those purposes.
149. Chapter one focused on the research and other
activities so far undertaken. Chapter two centred on some
anthropological and historical considerations on key issues
relevant to the study. The Special Rapporteur explained that
he had given special emphasis to the ethnocentrism and in
particular the eurocentrism prevailing in many analyses of
treaty relationships between indigenous peoples and States.
Moreover he had included case studies on recent decisions in
which the interpretation of indigenous issues from the view-
point of non-indigenous values was particularly obvious.
150. Chapter three on the first encounters between
indigenous peoples and other civilizations, had led him to
the first major conclusion, namely that in those first
encounters, which took place during the sixteenth century,
there had been a trend to treat indigenous peoples as
subjects of international law. Subsequently, relations of
nation States with indigenous peoples had been perceived as
matters of purely internal jurisdiction.
151. Chapter four focused on the diverse juridical
situations within the scope of the study. He had established
a typology of five situations, a description of which was
contained in the report of the tenth session of the Working
Group (E/CN.4/Sub.2/1992/33). The analysis of the extensive
material gathered showed that the policy of regulating the
relationship between
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indigenous peoples and States by means of international law
had been widely followed by Britain and France, but less so
by Spain and Portugal. In the case of Latin America it was
only recently that he had received solid evidence suggesting
the existence of at least some treaty relationships. The
last chapter contained the conclusions and recommendations
of the report. Concluding his presentation Mr. Alfonso
Martinez invited the Working Group to make critical comments
on his study to help him improve his work.
152. The Chairperson-Rapporteur congratulated Mr. Alfonso
Martinez on his progress report and thanked him for his
introductory statement. In the subsequent discussion
indigenous representatives expressed their full support for
the Special Rapporteur's work and highlighted the importance
of the study, in particular in view of the fact that the
treaty relationships between indigenous peoples and States
had been misunderstood and misinterpreted so frequently.
153. Indigenous representatives emphasized that they were
frequently confronted with government disregard of treaty
obligations. Some representatives said that they were
currently engaged in time-consuming law suits over treaty
rights. They noted that national law was considered to be
the exclusive source of law, thus leaving no place for
indigenous law, and that government authorities and courts
often perceived indigenous titles more as a hindrance to the
settlement of disputes than as a source for their
resolution.
154. Indigenous representatives stressed that the spiritual
and non-written elements of treaties had great importance
for indigenous peoples. One representative illustrated that
point by describing how one of his elders had passed
knowledge about treaties to him by using objects to explain
the spirit in which a treaty was concluded: a bag made of
deer skin, representing the idea of sharing; a sacred pipe,
representing truth and strength; and sweet-grass,
representing kindness. He reported that the elder had
concluded by telling him that his people were kind people,
willing to share their land, but that as a result they had
little left now but truth and strength.
155. Other indigenous representatives expressed the view
that the report in its present state did not focus enough on
the situation in Latin America. In that context particular
mention was made of the situation in Argentina, where an
extensive body of treaties and agreements existed. They
emphasized that they would like to see a more balanced
approach towards the different regions of the world in a
future report.
156. A representative of the Mikmaq Council suggested that
the Special Rapporteur should look more closely into the
role of the Holy See in the conclusion of treaties with
indigenous peoples, because he felt that the Church had
played an important role in treaty-making in the Americas,
in particular during the sixteenth and seventeenth
centuries. He also suggested that the work of the Special
Rapporteur could be associated with the work of the
International Law Commission, preferably through an exchange
of views on the question of treaties between indigenous
peoples and States. Lastly, he suggested that the United
Nations should organize a seminar on the use of modern-day
treaties for the furtherance of indigenous peoples' rights
and that a register of treaties concerning indigenous
peoples should be established.
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157. The Special Rapporteur thanked the participants for
their support of the study and their comments. He said that
he could accommodate most of their concerns in his study and
assured the Working Group that the study would be continued
to its proper completion. Mr. Alfonso Martinez promised to
submit his second progress report to the Working Group at
its twelfth session.
V. STUDY ON THE CULTURAL AND INTELLECTUAL
PROPERTY OF INDIGENOUS PEOPLES
158. For the consideration of item 7, Mr. Ribot Hatano
chaired the meeting. In her opening statement on item 7, the
Chairperson-Rapporteur recalled that she had been entrusted
with the study on the cultural and intellectual property of
indigenous peoples (E/CN.4/Sub.2/1993/28) by the Sub-
Commission in its resolution 1991/31, endorsed by Commission
on Human Rights resolution 1992/114.
159. She recalled that the 1981 UNESCO Conference of experts
on ethnocide and ethnodevelopment held at San Jose de Costa
Rica was the first recognition in the United Nations system
of ethnocide or cultural genocide. That Conference had
reaffirmed the right of indigenous peoples to preserve and
develop their own cultural heritage. Since 1982, the Working
Group on Indigenous Populations has been a unique forum in
which indigenous peoples could express their own views on
those issues.
160. The Special Rapporteur emphasized that the protection
of cultural and intellectual property rights of indigenous
peoples was closely connected with the realization of their
most fundamental rights, such as their territorial rights,
the right to self-determination, the right to preserve their
traditions, knowledge and values, as well as to maintain
their social organization and manage their environment and
was thus essential for maintaining, developing and restoring
indigenous societies.
161. Ms. Daes pointed out that the study on the intellectual
and cultural property of indigenous peoples was the first
formal step in responding to the concerns expressed by
indigenous peoples in United Nations forums. She expressed
her hope that it would provide a basis for standard setting
and for the adoption of institutional measures to stop
violations of the cultural and intellectual rights of
indigenous peoples.
162. Closing her remarks, Ms. Daes thanked all those who had
replied to her request and provided valuable information for
her study. She expressed her special gratitude to UNESCO for
its collaboration, and her wish that that agency would also
benefit from the study.
163. Ms. Atoha Mead, of the National Maori Congress,
reported on the outcome of the First International
Conference on Cultural and Intellectual Property Rights of
Indigenous Peoples, held at Whakatane, Aotearoa, New
Zealand, from 12 to 18 June 1993, at which the Maatatua
Declaration on Cultural and Intellectual Property Rights of
Indigenous Peoples had been adopted. The report of the
Conference was presented in three separate interventions,
beginning and ending with a traditional "karakia" or
blessing.
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164. Ms. Mead provided an overview of the issues discussed
at the Conference by 150 delegates from 14 countries.
Representatives of the World Bank, UNDP, UNESCO, World Wild
Life Fund and Greenpeace had also attended the Conference,
together with representatives of museums, scientific and
academic research institutions, and of two Governments. She
referred to the problem of the non-recognition of indigenous
knowledge as scientific or even a matter of social research,
because of the dominating criterion that science dealt with
the production of new, unknown knowledge, while indigenous
knowledge was considered old. She regretted the use of
indigenous proverbs and other aspects of indigenous cultural
and intellectual property by Western scholars and even by
international agencies like UNICEF as "public domain", using
them most often without permission and out of context,
without identifying and dating their authors, thus
contributing to the exploitation of indigenous peoples and
their knowledge. She recalled that indigenous peoples
accorded to their members their rightful individual
acknowledgement for every musical composition, proverb,
carving, artwork, medicinal discovery, improved fishing or
hunting technology and any activity which contributed to
their heritage. For indigenous peoples, the name and
rationale for each detailed piece contained within an
artwork, the date and the occasion when it was first
revealed to its author, were as significant as the work
itself.
165. Ms. Mead called for the development of mechanisms for
the international protection of indigenous peoples' cultural
and intellectual rights, including the patenting of
indigenous plant varieties and genetic research (be it on
humans, flora or fauna), and taking into account the
holistic view of life and the environment of indigenous
peoples.
166. The objectives of the Human Genome Diversity Project
(HUGO) were also discussed by the Conference and a
recommendation was adopted urging the United Nations to call
an immediate halt to the project until the moral and ethical
standards had been discussed, understood and approved by the
indigenous peoples concerned. She stressed that, at a time
when poverty and pollution were affecting the vast majority
of the world's indigenous peoples, that project, involving
$US 35 million, was dangerous, frivolous and wasteful. She
recalled that over 700 indigenous communities had been
targeted by the Project for hair and tissue sampling.
167. Ms. Mead lastly referred to the Maatatua Declaration,
asking it to be appended in its entirety to Ms. Daes' study
on cultural and intellectual property of indigenous peoples.
An international Maatatua Declaration Association had been
established, managed exclusively by indigenous peoples, to
promote the implementation of the recommendations of the
Maatatua Declaration and to disseminate important and
relevant information on cultural and intellectual property
rights. Following this presentation, Mr. Joe Mason,
Secretary of the Ngati Awa Trust Board and executive member
of the Maatatua Confederation of Tribes, read out the
Maatatua Declaration.
168. Finally, Mr. Evaristo Nugkuag Ikanan of the
Coordinadora de Organizaciones Indigenas de la Cuenca
Amazonica (COICA), expressed his absolute support of the
Maatatua Declaration, in the drafting of which he had
participated. He underlined that a great number of
indigenous peoples and organizations supported the
Declaration and the recommendation made by Ms. Mead that it
be appended to Ms. Daes' study.
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169. The observer for New Zealand thanked Ms. Daes for her
work and expressed the appreciation of her Government to the
Maatatua Declaration, which would be carefully studied. She
also supported the proposal of annexing it to Ms. Daes'
study.
170. The observer for Australia thanked Ms. Daes for her
comprehensive study. It would be read with great interest.
She explained that the current regime for the return and
protection of cultural and intellectual property was not
designed with indigenous peoples and their collective
interests in mind, but with the intention of assisting
States in the return of their property, or individuals in
the protection of their intellectual rights. Those
procedures also granted a limited time of protection of
intellectual property rights. Despite those limitations, she
said, there were steps which could be taken to address
indigenous peoples' concerns, the first of which was the
inclusion of relevant articles in the draft declaration on
the rights of indigenous peoples. In addition, dialogue
should be developed with UNESCO and other agencies to ensure
protection of those rights.
171. Apart from the international protection of indigenous
peoples' cultural and intellectual rights, intra-State
measures could be adopted. The observer for Australia
referred to schemes developed in consultation with
indigenous peoples for the protection and preservation of
their cultural property. That policy had recently been
adopted in Australia, where Aboriginal and Torres Strait
Island peoples and communities worked in collaboration with
museums, helping them to allay fears that museums
traditionally had regarding indigenous claims on objects
belonging to their collections. There were even cases when
aboriginal and islander communities requested museums to
acquire indigenous objects. She also underlined the major
educative role that museums can take working under these
conditions. Regarding skeleton remains, the public
exhibition of human remains had been proscribed by law since
1983 and the return of human remains to their living
descendants for proper burial was being negotiated with
Aboriginal and Torres Strait Islander organizations. Work
was also being undertaken to document indigenous knowledge
of environment, flora and fauna.
172. The observer for Finland expressed his appreciation of
the study. It constituted the basis for drafting general
principles and guidelines for the protection of indigenous
peoples' rights. He announced his Government's intention of
helping Ms. Daes by providing her with extra information on
the Sami.
173. Dr. Jourdan, of the International Medical Forum for
Human Rights, Health and Development, said that intellectual
and cultural property rights should be attributed not only
to individuals, but to peoples. She stressed that patent
rights were issued to inventors, not to those who preserved
traditional knowledge, and that there should be an inverse
patent right to protect indigenous cultural and intellectual
rights.
174. The observer for the Mikmaq Grand Council, referring to
the commercialization of plants and traditional medicines,
recommended that the United Nations establish a programme of
technical cooperation to strengthen indigenous peoples'
capacity to control research projects in their lands. He
stressed the need for professional ethics in scientific
research and
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supported attaching the Maatatua Declaration as an annex to
Ms. Daes' study. He underlined the need for the elaboration
of relevant principles and guidelines, based on that study.
175. Mrs. Tangiora, of the Maori Women's Welfare League,
also supported attaching the Maatatua Declaration as an
annex to the study and regretted that the Kari-Oca
Declaration of Indigenous Peoples on Environment and
Development had not been taken into account in the study.
She proposed the setting up of an international indigenous
monitoring body to prevent such omissions.
176. In her concluding remarks on item 7, Ms. Daes thanked
all the participants in the discussion for their suggestions
and recommendations, announced that the Maatatua Declaration
would be attached to her study and made it clear that some
of the recommendations made had already been included in the
study. She also stressed that her study would be continued,
because there was a need to draft principles and guidelines
useful to indigenous peoples, Governments, and non-
governmental organizations concerned.
VI. INTERNATIONAL YEAR OF THE WORLD'S
INDIGENOUS PEOPLE
177. In introducing agenda item 8, the Chairperson-
Rapporteur noted the low participation of indigenous peoples
and Governments at the Technical Meeting for the
International Year, held from 14 to 16 July 1993. She
pointed out that the Year so far was the poorest and
smallest event of its kind in the history of the United
Nations. But there was still time to make something more
lasting and meaningful out of the International Year.
178. Ms. Galvis, the observer for Colombia and Chairperson
of the three Technical Meetings held for the International
Year, reported that the Year so far had not fulfilled all
the expectations. Nevertheless, she assumed that the
International Year had served one of its main goals, namely
to raise awareness of the needs of indigenous peoples
throughout the world She pointed out the low participation
by all parties in planning for the Year, poor dissemination
of information about the Year in some sectors and lack of
contributions to the Voluntary Fund for the International
Year. She reported that there had been very poor
participation, by all parties, in the three Technical
Meetings. There was still much that could be done to
disseminate information about the Year more widely. The Year
had been well publicized in some sectors, badly in others,
and some sectors had no information at all. She stressed
that indigenous communities should receive more information
to be able to elaborate their own programmes.
179. The first six months of the Year had been disappointing
with regard to the number and scope of activities carried
out by the United Nations system. An important factor
hampering its success was the lack of resources available in
the Voluntary Fund. Contributions were slow in coming in.
She therefore appealed to all Governments and specialized
agencies to contribute to the Fund.
180. Mr. Alfonso Martinez stressed the need to take into
account the difficulties encountered during the
International Year in order to attempt to avoid similar
difficulties that might occur if and when the General
Assembly decided to launch the proposed decade on indigenous
rights.
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181. The observer for the Nordic Council of Ministers
reported on the Council's special contributions to the
International Year, such as the organization of a meeting of
Sami parliaments, the support of the second Arctic Leaders'
Summit, the organization of a seminar by the Danish
Secretariat for the International Year, substantial support
of an indigenous cultural festival, and activities in the
field of education and research cooperation.
182. The observer for the International Labour Office (ILO)
reported on current ILO activities regarding indigenous
peoples. One of them was the assistance to Governments in
devising effective measures for the implementation of the
International Year. Other specific activities were aimed at
making the Year's objectives better known through
publications (posters, books), discussions about resource
management issues and consultations. She said that the
International Year provided a framework for the
International Labour Office to promote Convention No 169,
which had already been ratified by Bolivia, Colombia, Costa
Rica, Norway and Mexico. The Governments of Argentina, Fiji
and Paraguay had recently indicated that they were
considering ratifying the Convention. Sri Lanka had
requested assistance to brief the National Committee for the
World's Indigenous Peoples about the Convention and its
implications. Moreover, the first reports, of Norway and
Mexico, had been examined by the Committee of Experts at its
March 1993 session. A workshop for indigenous leaders and
representatives of non-governmental organizations on
Convention No. 169 had taken place in the Philippines in
March 1993. National consultations with governmental
authorities with a view to designing country strategies and
pilot projects for indigenous peoples had also been held.
183. Representatives of indigenous organizations described
their efforts to promote the Year by means of posters,
brochures, stamps, study sessions, television programmes and
translations of United Nations documents into indigenous
languages, but criticized their respective Governments' lack
of commitment in supporting their activities or carrying out
campaigns.
VII. WORLD CONFERENCE ON HUMAN RIGHTS
184. Introducing agenda item 9, the Chairperson-Rapporteur,
noted that many indigenous representatives had participated
in the World Conference on Human Rights, held at Vienna in
June 1993. It had been a unique opportunity for them to make
contact with other indigenous peoples and to present their
views and concerns to the international community. She
recalled that one meeting of the World Conference on 18 June
1993, had been dedicated to the commemoration of the
International Year of the World's Indigenous People. During
that meeting indigenous representatives had had the
opportunity of addressing the plenary.
185. The Chairperson-Rapporteur drew attention to the fact
that the final document of the World Conference recognized
the dignity and the human rights of indigenous peoples.
Moreover Part II of the Vienna Declaration and Programme of
Action (A/CONF.157/23) included some very important
recommendations: in paragraph 28 the World Conference called
on the Working Group on Indigenous Populations to complete
the work on the draft declaration at its eleventh session;
in paragraph 31 it urged States to ensure the full
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and free participation of indigenous people in all aspects
of society, in particular in matters of concern to them; in
paragraph 32 it recommended that the General Assembly
proclaim an international decade of the world's indigenous
people, to begin from January 1994.
186. A representative of an indigenous organization
commented on the Vienna Declaration. He criticized the fact
that the Vienna Declaration used the term indigenous
"people" instead of "peoples", despite all the efforts made
by the Chairperson-Rapporteur of the Working Group to
support the term "peoples". Nevertheless, he expressed
support for the recommendation contained in Part II,
paragraph 30, of the Vienna Declaration that additional
human and financial resources be made available to the
Centre for Human Rights. He also expressed support for the
recommendations contained in paragraphs 31 and 32 of the
Declaration.
VIII. FUTURE ROLE OF THE WORKING GROUP
187. Item 10 on the future role of the Working Group was
discussed at the 16th meeting of the Working Group on 30
July 1993. Introducing the item the Chairperson-Rapporteur
said that it was the first time the future role of the
Working Group has been a separate item on the agenda. She
presented her note on the subject
(E/CN.4/Sub.2/AC.4/1993/8), pointing out that there was no
threat of dissolving the Working Group upon completion of
the drafting of the declaration. On the contrary, there were
reasons to believe that its role and the competence would be
strengthened.
188. Mr. Alfonso Martinez said that there was no need for
concern about a so-called "need" to "review" the mandate of
the Working Group, as might be construed from a superficial
reading of paragraph II.28 of the Vienna Declaration of the
World Conference on Human Rights. In establishing the
Working Group in 1982, the Economic and Social Council had
not fixed a time-limit for its work. There was thus no need
for the Commission on Human Rights to take any action to
"renew" a mandate which, by definition, would expire neither
in 1994 nor in the future (unless the Commission explicitly
decided to abolish the Group). With respect to the
"updating" of the Working Group, he considered that that
exercise, whenever it should be considered necessary, should
start from the basis of maintaining standard setting in that
field (obviously not exhausted with the drafting of a
declaration on the rights of indigenous peoples) - and the
review of developments pertaining to the promotion and
protection of human rights and fundamental freedoms of
indigenous peoples. No monitoring activities should be
granted to the Working Group since there existed a number of
United Nations bodies that could undertake that type of
activity.
189. A governmental observer said that the point of
departure should be the Vienna Declaration and Programme of
Action, in which the World Conference recommended that the
Commission on Human Rights consider the renewal and updating
of the Working Group's mandate, that the General Assembly
proclaim a decade of indigenous people and that the
establishment of a permanent forum of indigenous people be
considered.
190. In the subsequent discussion, the idea of a permanent
forum within the United Nations for the consideration of
indigenous peoples' issues was
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supported by a large number of participants, representatives
of indigenous organizations as well as of several
Governments. Indigenous participants emphasized that not
only non-governmental organizations with consultative status
with the Economic and Social Council but all indigenous
peoples' organizations should have access to such a future
forum. Moreover, it was suggested that more countries should
include indigenous representatives in their government
delegations. For some participants it was not clear whether
a future permanent forum should be established in addition
to the Working Group or whether the Working Group itself
could be transformed into such a permanent forum. However,
the usefulness of creating a permanent forum for indigenous
issues was not questioned. That forum would deal with a
range of problems and could also give advice to Governments.
191. Moreover, it was discussed whether a permanent forum
should be composed of both representatives of Governments
and of indigenous peoples, or if it should be a United
Nations council of indigenous peoples, open only to
indigenous peoples, under the direction of a special
representative of the Secretary-General. That second option
was advocated by a number of Maori tribes and by the Mikmaq
Council. In their joint statement they expressed the view
that the indigenous peoples' council should choose its own
officers, and report, through its chairperson, to the
Economic and Social Council and the General Assembly. The
Council should have the mandate to coordinate and evaluate
all United Nations activities that affected indigenous
peoples and to report on and respond to the situation of
indigenous peoples in all countries. Other indigenous
representatives suggested that a special rapporteur on
questions concerning indigenous peoples should be appointed.
192. The observer for Brazil expressed the opinion that the
Working Group should maintain its subordination to the Sub-
Commission and its format as a body of experts. Furthermore,
his Government would prefer the present name of the Working
Group to be maintained.
193. The observer for New Zealand and other participants
pointed out the need to make increased resources, both human
and financial, available to the Centre for Human Rights for
work on indigenous issues. The observer for New Zealand
expressed the importance of a permanent forum within the
United Nations in which indigenous peoples could discuss
questions affecting them, and also expressed support for the
proclaiming of a decade of indigenous peoples which could
build on what has been achieved during the International
Year. The voice of indigenous peoples should also be heard
within the specialized agencies of the United Nations, so
that programmes could be developed across the range of
activities that affected indigenous peoples, in partnership
with them. The concept of a focal point within each agency
deserved further consideration. Another representative
emphasized that the widest possible participation of
indigenous non-governmental organizations in United Nations
forums should be promoted.
194. The observer for Canada indicated that his Government
would endorse the broadening of the Working Group's mandate,
once the draft declaration had been finalized and
scrutinized by all parties. He suggested that the Working
Group could act in an advisory capacity with its parent
bodies when they discussed the draft declaration. He also
highlighted the need
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for an increase in the budget allocated to the Centre for
Human Rights, part of which his Government would like to see
earmarked for the Working Group.
195. An indigenous representative suggested that in order to
give greater emphasis to the Asian region, where two thirds
of the world's indigenous peoples lived, the next meeting of
the Working Group should take place in Asia. In general, the
representative stressed, meetings of the Working Group
should be held in areas where indigenous peoples lived.
IX. OTHER MATTERS
MEETINGS AND SEMINARS
196. The Chairperson-Rapporteur referred to the World
Conference on Human Rights and in particular to the agenda
item entitled, "Commemoration of the International Year of
the World's Indigenous People", on which 12 leaders of
indigenous peoples had addressed the plenary. In that
connection, she recalled the commemorative meeting of the
General Assembly on 10 December 1992 when the International
Year had been inaugurated and the special commemorative
agenda item discussed by the Commission on Human Rights on
17 February 1993.
197. She noted that the United Nations, in its activities
related to the International Year, was planning a
consultation of indigenous peoples of the Arctic region.
That consultation, co-sponsored by the Centre for Human
Rights and the International Labour Office, would take place
from 6 to 10 September 1993 in Khabarovsk, Siberia.
198. A representative of the World Council of Churches
stressed the importance of consultations and seminars.
Emphasizing the role of indigenous women, she referred to
the global gathering her organization had organized in
October 1992 in Trinidad and Tobago, attended by 80 women
from around the globe. A new network of information and
cooperation had emerged from that symposium. She also
mentioned the recent Ecumenical Global Gathering of Youth
and Students that had taken place in Brazil and had included
visits to indigenous communities. The World Council of
Churches would hold a small consultation of indigenous
peoples in Canada early in 1994 to consider the dynamics of
self-determination. It would be organized with the
collaboration of the Aboriginal Rights Coalition of the
Churches.
VOLUNTARY FUND
199. The Chairperson-Rapporteur recalled that over 40
indigenous participants had been invited to attend the
current session of the Working Group thanks to the generous
support of numerous Governments, including those of
Australia, Canada, Denmark, Greece, Japan, the Netherlands,
New Zealand, Norway and Sweden, which contributed to the
Voluntary Fund.
200. Mr. Alfonso Martinez paid tribute to the Board of
Trustees of the Voluntary Fund. Referring to the renewal of
the members of the Board at the end of the year, he said
that the tradition of having one member of the Working Group
on the Board of Trustees should be continued.
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201. The representative of the World Council of Churches
drew attention to the fact that her organization continued
to offer financial support to indigenous peoples through
grants of money, both from the World Council of Churches'
Special Fund to Combat Racism and from the programme funds
it received from member churches and other donors.
202. The representative of the Indigenous Peoples Centre for
Documentation, Research and Information (DOCIP) described
the role her organization played in fund raising for
indigenous peoples. However, she expressed her
disappointment that some indigenous delegations had received
their air-tickets too late to be present at the beginning of
the Working Group session.
OTHER MATTERS
203. At its 11th meeting Mr. Desai, Under-Secretary-General
for Policy Coordination and Sustainable Development,
addressed the Working Group and spoke about the role and
mandate of his Department, in particular with regard to
indigenous peoples.
204. He emphasized the important contribution made by
indigenous peoples to the preparation of the United Nations
Conference on Environment and Development, held in 1992 in
Rio de Janeiro, Brazil. He thanked them for their goodwill
and cooperation during the preparatory process and the
Conference itself. He stressed that the Rio Conference had
tried to reconsider development in order to make it more apt
to meet the needs of people. Thus, it had not only been a
conference about the relationship between development and
environment but very much a conference about people, aimed
at combining concern for resources with concern for people.
The Under-Secretary General emphasized that in that context
indigenous people had always served as a model of how both
concerns could be combined, and that the Rio Declaration
took account of that fact by recognizing the role of
indigenous peoples in numerous articles.
205. He pointed out that one of the successes of the Rio
Conference has been to involve numerous groups in the
discussion on environment and development, such as non-
governmental organizations, indigenous peoples'
organizations and groups of professionals and scientists. He
explained that his Department served, among its other
functions, as the secretariat of the newly formed Commission
on Sustainable Development, whose primary task was to bring
about a shift from policy-making to policy implementation
and to ensure that Governments translate the commitments
made- at Rio into action. In the framework of the follow-up
to the Rio Conference, his Department was also responsible
for the preparation of the Summit on Social Development. It
would serve as a focal point for interaction with
Governments and the non-governmental sector.
206. In conclusion, the Under-Secretary General emphasized
that it was of the greatest importance to him that the
dialogue and partnership which had begun during the
preparation of the Rio Conference, in particular the
partnership with the indigenous peoples be maintained and
enhanced in the future.
207. The representative of the World Council of Churches
expressed the Council's interest in implementing projects
for indigenous peoples, and
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announced that it was in the process of appointing an
indigenous consultant whose task, apart from relating to the
networks of indigenous peoples around the world, would
consist in helping to formulate changes in the structure of
the World Council of Churches in order to achieve greater
harmony with the aspirations and expectations of indigenous
peoples.
208. The representative of the Indigenous Centre for
Documentation, Research and Information (DOCIP) reaffirmed
its commitment to indigenous peoples issues and gave a brief
overview of the technical and other services which, with the
help of volunteers, it was providing for indigenous
representatives during the eleventh session of the Working
Group.
X. CONCLUSIONS AND RECOMMENDATIONS
A. Standard-setting activities
209. The Working Group made every effort and completed its
work on the draft declaration on rights of indigenous
peoples at its eleventh session, mindful of the relevant
requests and recommendations made by the Sub-Commission
(resolution 1992/33), the Commission on Human Rights
(resolution 1993/31), the General Assembly (resolution
47/75) and, in particular, by the World Conference on Human
Rights (A/CONF.157/23, part II, para. 28). Based upon the
revised working paper by the Chairperson-Rapporteur
(E/CN.4/Sub.2/1993/26) and the relevant explanatory note
(E/CN.4/Sub.2/1993/26/Add.1), submitted pursuant in
particular to the above-mentioned Commission on Human Rights
resolution, the members of the Working Group proposed
further revisions to the text contained in document
E/CN.4/Sub.2/AC.4/1993/CRP.4. They were given a second
reading and all delegations participated actively in the
discussions. After careful consideration of the comments,
proposals and amendments, the Working Group agreed on a
final text of the draft declaration (annexed to its present
report) and decided to submit it to the Sub-Commission at
its forty-fifth session.
210. In that respect the Working Group recommends to the
Sub-Commission: 1/
(a) To consider the draft declaration as contained in
the annex of the present report at its forty-sixth session
in 1994 in order to ensure that members of the Sub-
Commission have sufficient time to study the text;
(b) To request the Secretary-General to send the draft
declaration to the editorial and translation services of the
United Nations as soon as possible;
------------
1/ (a) Ms. Attah stressed the need for the draft
declaration to be adopted by the Sub-Commission in 1993,
because that was the concern of the indigenous peoples.
(b) These recommendations represent a compromise
achieved after long consultations between the members of the
Working Group. The individual opinions of three of its
members (Mr. Alfonso Martinez, Mr. Boutkevitch and Mr.
Hatano) are reflected in annex II to the present report.
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(c) To request the Secretary-General to circulate the
text to indigenous peoples, Governments and
intergovernmental and non-governmental organizations, making
special reference to the fact that no further discussion of
the text would take place in the Working Group;
(d) To recommend to the Commission on Human Rights and
the Economic and Social Council to take special measures so
that indigenous peoples be enabled to participate fully and
effectively without regard to either consultative status, in
the consideration of the draft declaration by the Sub-
Commission and other higher United Nations bodies as they
have thus far contributed to the work of the Working Group;
and
(e) To submit the draft declaration to the Commission
on Human Rights for consideration at its fifty-first session
in 1995.
B. Review of developments
211. The Working Group welcomed the continuation and
intensification of the constructive dialogue which had been
developing at the sessions between representatives of the
indigenous peoples, the members of the Working Group and
observer Governments. The Working Group reiterated its
conviction that such a constructive dialogue, conducted in
an atmosphere of good faith, good will and confidence, could
help strengthen ongoing United Nations efforts concerning
all aspects of the recognition, promotion, protection and
restoration of the rights of indigenous peoples. The Working
Group also expressed its appreciation for the efforts made
by indigenous peoples and Governments towards the equitable
and peaceful resolution of disputes, and the negotiation of
new political arrangements for sharing power and
responsibility at the national level.
212. In view of the great richness and importance of the
information provided to the Working Group by representatives
of indigenous peoples and Governments and the potential
value of stimulating a wider, year-round exchange of views,
the Working Group renewed its recommendation to the Sub-
Commission and the Commission on Human Rights that its
annual report should be made more widely available by
reprinting it as a United Nations sales publication.
213. The Working Group reaffirmed its belief that the
effectiveness of its work would be greatly enhanced by
convening some of its future sessions in other regions, in
particular in Latin America, Asia and the Pacific, and noted
that this could be included in the programme of action for
the proposed decade for the world's indigenous peoples.
214. The Working Group took note of paragraph 5 of General
Assembly resolution 47/75 concerning the need for improved
collection and dissemination of socio-economic data on
indigenous peoples, and in this regard renewed its
recommendation that the United Nations should prepare an
annual report on the state of the world's indigenous peoples
in collaboration with indigenous peoples and relevant United
Nations bodies and specialized agencies. Mindful also of the
upcoming World Social Summit, the Working Group recommends
to the Sub-Commission and the Commission that they submit
this proposal to the Economic and Social Council as a matter
of priority.
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C. Seminars and meetings
215. The Working Group commended indigenous peoples'
organizations for their continuing efforts to exchange
information and experiences among themselves at the regional
and international levels, through meetings and conferences
on topics of particular concern to them. In particular, the
Working Group warmly welcomed the convening of the Second
World Indigenous Youth Conference at Darwin, Australia, in
July 1993. It also welcomed the holding in New Zealand of
the International Indigenous Spiritual Elders and Peoples
Conference in February 1993 and the Conference on Cultural
and Intellectual Property Rights of Indigenous Peoples in
June 1993.
216. The Working Group noted the success of the three
previous expert meetings on racism (Geneva 1989), self-
government (Greenland, 1991) and sustainable development
(Chile, 1992) and recommended once again the implementation
of the relevant recommendations adopted at those meetings.
217. The Working Group encouraged the implementation of
chapter 26 of Agenda 21 (A/CONF.151/26, vol. III), adopted
by the United Nations Conference on Environment and
Development, which calls upon United Nations operational
programmes and specialized agencies to support projects of
technical cooperation and exchanges of information among
indigenous peoples. The Working Group expressed appreciation
to the Under-Secretary-General for Policy Coordination and
Sustainable Development, Mr. Nitin Desai, for his
participation at its eleventh session and appealed to him to
take immediate steps to implement the provisions of chapter
26 as well as Economic and Social Council decision 1992/255.
218. The Working Group welcomed the relevant recommendations
contained in the Vienna Declaration and Programme of Action
adopted by the World Conference on Human Rights, in
particular its recommendations for the proclaiming of a
United Nations decade of indigenous peoples, creating a
permanent United Nations forum for indigenous peoples and
providing advisory services in the field of human rights for
indigenous peoples.
219. In this regard, the Working Group reiterated its
recommendation that the programme of advisory services in
the field of human rights, as well as other relevant United
Nations programmes of technical assistance, should provide
information and training directly to indigenous
organizations and communities. The Working Group appealed
once again to Governments and non-governmental organizations
to consider making special contributions to the Voluntary
Fund for Technical Cooperation in the Field of Human Rights
to support, in particular, projects of direct benefit to
indigenous peoples, and recommended that regional training
courses for indigenous peoples be organized as soon as
possible in all regions.
220. The Working Group also reiterated its recommendation
that future United Nations seminars and expert meetings on
indigenous issues continue to be convened in regions and
countries with the greatest numbers of indigenous people,
and that they continue to involve experts nominated by
indigenous peoples as well as experts nominated by
Governments and the United Nations.
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221. The Working Group recommended that the United Nations
organize a seminar on modern-day treaties and agreements
with indigenous peoples to facilitate an exchange of views
between governmental and indigenous experts in countries in
which such treaties and agreements have been made and
countries in which they may be useful in the future as one
means of giving effect to the rights of indigenous peoples.
222. The Working Group further recommended the holding of a
seminar on indigenous land rights and claims in which
indigenous, governmental and United Nations experts will
participate with a particular view to discussing obstacles
and problems related to these issues and to analysing and
evaluating innovative legal procedures and recent court
decisions, as well as positive measures taken by States in
this area.
D. Studies and reports
223. The Working Group welcomed the third and final
substantive report of the United Nations Centre on
Transnational Corporations and expressed its regret at the
discontinuation of these valuable annual reports which has
resulted from the continued reorganization of the United
Nations Secretariat. The Working Group urged the Secretary-
General to publish a consolidated version of these reports
as a sales publication to ensure their wider distribution,
and appeals to the Secretary-General to find alternative
arrangements in the United Nations system for the renewal of
that important study.
224. The Working Group again expressed its deep appreciation
to the Special Rapporteur, Mr. Miguel Alfonso Martinez, for
his progress report on the study of treaties, agreements and
other constructive arrangements between States and
indigenous peoples (E/CN.4/Sub.2/1992/32), which was
discussed at its eleventh session. The Working Group placed
on record its gratitude to the Governments and indigenous
peoples that responded to the questionnaire contained in the
report on its ninth session, and requested that the Special
Rapporteur be provided with all the assistance he needs for
the further elaboration of his important study. It also
noted with interest the suggestions made by indigenous
peoples to strengthen the study including, INTER ALIA, the
creation of a central depository or registry of indigenous
treaties, and invited the Special Rapporteur to pursue those
ideas further.
225. The Working Group also expressed its deep appreciation
to its Chairperson-Rapporteur and Special Rapporteur of the
Sub-Commission, Ms. Erica-Irene A. Daes, for her report on
the protection of the cultural and intellectual property of
indigenous peoples (E/CN.4/Sub.2/1993/28), and decided to
recommend that the report be expanded and updated with a
view to its publication as a sales item in 1994. The Working
Group also decided to recommend that the Special Rapporteur
be authorized by the Economic and Social Council to convene
a workshop with relevant professional, academic and
scientific experts and indigenous peoples to promote a
practical dialogue on the implementation of the
recommendations contained in her report, and that suitable
resources be provided for this purpose. The Working Group
appealed to UNESCO to contribute to that activity as far as
possible.
226. In the light of the conclusions and recommendations
contained in the report of the Special Rapporteur, the
Working Group decided once again to urge
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the United Nations Development Programme and other competent
United Nations bodies and specialized agencies to give high
priority to projects aimed at strengthening indigenous
peoples' own capacity to conduct ecological, medical and
related research and for improving their control over
research conducted in their land and territories. The
Working Group also decided to discuss these issues at its
twelfth session, in particular the question of adopting
relevant principles and guidelines, and to consider the
possibility of elaborating new legal instruments for the
protection of the cultural and intellectual property of
indigenous peoples.
E. International Year of the World's Indigenous People
227. The Working Group welcomed General Assembly resolution
47/75. The Working Group re-emphasized the fundamental
importance of full participation by indigenous peoples in
every aspect of decision-making concerning the Year at the
national, regional and international levels. The Working
Group authorized its Chairperson-Rapporteur to represent it
at the closing ceremonies, to take place at the General
Assembly during its forty-eighth session.
228. The Working Group warmly endorsed the recommendations
made by the third and final Technical Meeting on the
International Year and expressed its thanks to the
Chairperson-Rapporteur. The Working Group again reaffirmed
the importance it attached to the evaluation of the
International Year, in particular by the Secretary-General
as provided in General Assembly resolutions 46/128 and
47/75, and emphasized the fundamental importance of full
participation of indigenous peoples, as well as the expert
members of the Working Group, in the evaluation process.
F. Other matters
229. The Working Group expressed its great satisfaction at
the large participation of indigenous youth in the World
Conference on Human Rights and again encourages the
International Labour Organisation, the United Nations
Children's Fund, the United Nations Educational, Scientific
and Cultural Organization and other relevant organizations
of the United Nations system to consider ways of
strengthening the role of indigenous youth in world affairs.
In particular, the Working Group decided within its existing
mandate to include in its reports a systematic analysis of
trends in the legal status and conditions of indigenous
peoples around the world and to develop a dialogue between
indigenous peoples and United Nations operational programmes
and agencies in accordance with the theme of "a new
partnership".
230. The Working Group urged the United Nations University
to establish affiliations and exchange programmes with
indigenous educational and scientific institutions, and
recommended that United Nations schools invite indigenous
youth to participate in their regular teaching programmes,
as guest instructors, to help build linkages with non-
indigenous youth in all countries.
231. The Working Group expressed its deep gratitude to
Governments, indigenous peoples, individuals and non-
governmental organizations for contributions made to the
United Nations Voluntary Fund for Indigenous Populations. In
the light
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of the pressing need to ensure the greatest possible
indigenous participation in the final adoption of the
declaration on the rights of indigenous peoples by the Sub-
Commission and the Commission, the Working Group appealed
for continued and increased contributions to the Fund. The
Working Group also recommends that the Fund be duly
authorized to facilitate indigenous participation in other
relevant United Nations meetings, such as the Commission on
Human Rights, the meetings of human rights treaty bodies and
the Commission on Sustainable Development.
232 The Working Group welcomed the expanded coverage of its
eleventh session provided by the Geneva Press Unit of the
Department of Public Information and expressed its deep
appreciation to its Director, Ms. T. Gastaud, for her
personal concern, and requested that full coverage of its
deliberations should continue. The Working Group once again
urges DPI to make every effort to develop a more
comprehensive programme of translating and publishing basic
human rights instruments, including the declaration on the
rights of indigenous peoples, into indigenous languages. The
Working Group is firmly committed to the principle that
indigenous peoples have the right to learn and teach their
rights in their own languages.
233 The Working Group appealed to the Secretary-General to
increase the number of Professional staff members currently
assigned to support its work, and recommends the
establishment of an independent office or unit for
indigenous peoples, with adequate resources and indigenous
staff, to provide continuous liaison between indigenous
peoples, around the world and all relevant United Nations
programmes and agencies. In addition, the Working Group
recommended that the Goodwill Ambassador for the
International Year, Mrs. Rigoberta Menchu Tum, should be
attached to that new office, if she so wished, as a
Permanent Representative of the Secretary-General, with a
strengthened substantive mandate and role.
234. The Working Group expressed its deep appreciation to
the three indigenous associate experts, Ms. Helen
McLaughlin, Ms. Anne-Mai W. Teigmo and Mr. Hjalmar Dahl.
235. The Working Group decided to consider the questions
"Standard-setting activities", "Review of developments
pertaining to the promotion and protection of human rights
and fundamental freedoms of indigenous populations",
"Treaties and agreements with indigenous peoples", "Cultural
and intellectual property of indigenous peoples",
"International decade of the world's indigenous peoples" and
"United Nations operational activities and indigenous
peoples" as separate items on the agenda of its twelfth
session.
236. The Working Group reiterated its request concerning the
preparation of an annotated agenda for its future sessions.
237. The Working Group recommended that the future role of
the Working Group should be considered at its twelfth
session and requests its member Mr. Alfonso Martinez to
update and supplement the relevant Note
(E/CN.4/Sub.2/AC.4/1993/8) by the present Chairperson-
Rapporteur, which, because of lack of time, was not
thoroughly considered at the eleventh session of the Working
Group.
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A N N E X I
DRAFT DECLARATION AS AGREED UPON BY THE MEMBERS
OF THE WORKING GROUP AT ITS ELEVENTH SESSION
AFFIRMING that indigenous peoples are equal in dignity
and rights to all other peoples, while recognizing the right
of all peoples to be different, to consider themselves
different, and to be respected as such,
AFFIRMING ALSO that all peoples contribute to the
diversity and richness of civilizations and cultures, which
constitute the common heritage of humankind,
AFFIRMING FURTHER that all doctrines, policies and
practices based on or advocating superiority of peoples or
individuals on the basis of national origin, racial,
religious, ethnic or cultural differences are racist,
scientifically false, legally invalid, morally condemnable
and socially unjust,
REAFFIRMING also that indigenous peoples, in the
exercise of their rights, should be free from discrimination
of any kind,
CONCERNED that indigenous peoples have been deprived of
their human rights and fundamental freedoms, resulting,
INTER ALIA, in their colonization and dispossession of their
lands, territories and resources, thus preventing them from
exercising, in particular, their right to development in
accordance with their own needs and interests,
RECOGNIZING the urgent need to respect and promote the
inherent rights and characteristics of indigenous peoples,
especially their rights to their lands, territories and
resources, which derive from their political, economic and
social structures and from their cultures, spiritual
traditions, histories and philosophies,
WELCOMING the fact that indigenous peoples are
organizing themselves for political, economic, social and
cultural enhancement and in order to bring an end to all
forms of discrimination and oppression wherever they occur,
CONVINCED that control by indigenous peoples over
developments affecting them and their lands, territories and
resources will enable them to maintain and strengthen their
institutions, cultures and traditions, and to promote their
development in accordance with their aspirations and needs,
RECOGNIZING ALSO that respect for indigenous knowledge,
cultures and traditional practices contributes to
sustainable and equitable development and proper management
of the environment,
EMPHASIZING the need for demilitarization of the lands
and territories of indigenous peoples, which will contribute
to peace, economic and social progress and development,
understanding and friendly relations among nations and
peoples of the world,
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RECOGNIZING in particular the right of indigenous
families and communities to retain shared responsibility for
the upbringing, training, education and well-being of their
children,
RECOGNIZING ALSO that indigenous peoples have the right
freely to determine their relationships with States in a
spirit of coexistence, mutual benefit and full respect,
CONSIDERING that treaties, agreements and other
arrangements between States and indigenous peoples are
properly matters of international concern and
responsibility,
ACKNOWLEDGING that the Charter of the United Nations,
the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political
Rights affirm the fundamental importance of the right of
self-determination of all peoples, by virtue of which they
freely determine their political status and freely pursue
their economic, social and cultural development,
BEARING IN MIND that nothing in this Declaration may be
used to deny any peoples their right of self-determination,
ENCOURAGING States to comply with and effectively
implement all international instruments, in particular those
related to human rights, as they apply to indigenous
peoples, in consultation and cooperation with the peoples
concerned,
EMPHASIZING that the United Nations has an important
and continuing role to play in promoting and protecting the
rights of indigenous peoples,
BELIEVING that this Declaration is a further important
step forward for the recognition, promotion and protection
of the rights and freedoms of indigenous peoples and in the
development of relevant activities of the United Nations
system in this field,
SOLEMNLY PROCLAIMS the following United Nations
Declaration on the Rights of Indigenous Peoples:
P A R T I
Article 1
Indigenous peoples have the right to the full and
effective enjoyment of all human rights and fundamental
freedoms recognized in the Charter of the United Nations,
the Universal Declaration of Human Rights and international
human rights law.
Article 2
Indigenous individuals and peoples are free and equal
to all other individuals and peoples in dignity and rights,
and have the right to be free from any kind of adverse
discrimination, in particular that based on their indigenous
origin or identity.
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Article 3
Indigenous peoples have the right of self-
determination. By virtue of that right they freely determine
their political status and freely pursue their economic,
social and cultural development.
Article 4
Indigenous peoples have the right to maintain and
strengthen their distinct political, economic, social and
cultural characteristics, as well as their legal systems,
while retaining-their rights to participate fully, if they
so choose, in the political, economic, social and cultural
life of the State.
Article 5
Every indigenous individual has the right to a
nationality.
P A R T I I
Article 6
Indigenous peoples have the collective right to live in
freedom, peace and security as distinct peoples and to full
guarantees against genocide or any other act of violence,
including the removal of indigenous children from their
families and communities under any pretext.
In addition, they have the individual rights to life,
physical and mental integrity, liberty and security of
person.
Article 7
Indigenous peoples have the collective and individual
right not to be subjected to ethnocide and cultural
genocide, including prevention of and redress for:
(a) Any action which has the aim or effect of depriving
them of their integrity as distinct peoples, or of
their cultural values or ethnic identities;
(b) Any action which has the aim or effect of
dispossessing them of their lands, territories or
resources;
(c) Any form of population transfer which has the aim or
effect of violating or undermining any of their
rights;
(d) Any form of assimilation or integration by other
cultures or ways of life imposed on them by
legislative, administrative or other measures;
(e) Any form of propaganda directed against them.
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Article 8
Indigenous peoples have the collective and individual
right to maintain and develop their distinct identities and
characteristics, including the right to identify themselves
as indigenous and to be recognized as such.
Article 9
Indigenous peoples and individuals have the right to
belong to an indigenous community or nation, in accordance
with the traditions and customs of the community or nation
concerned. No disadvantage of any kind may arise from the
exercise of such a right.
Article 10
Indigenous peoples shall not be forcibly removed from
their lands or territories. No relocation shall take place
without the free and informed consent of the indigenous
peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
Article 11
Indigenous peoples have the right to special protection
and security in periods of armed conflict.
States shall observe international standards, in
particular the Fourth Geneva Convention of 1949, for the
protection of civilian populations in circumstances of
emergency and armed conflict, and shall not:
(a) Recruit indigenous individuals against their will
into the armed forces and, in particular, for use
against other indigenous peoples;
(b) Recruit indigenous children into the armed forces
under any circumstances;
(c) Force indigenous individuals to abandon their lands,
territories or means of subsistence, or relocate them
in special centres for military purposes;
(d) Force indigenous individuals to work for military
purposes under any discriminatory conditions.
P A R T I I I
Article 12
Indigenous peoples have the right to practise and
revitalize their cultural traditions and customs. This
includes the right to maintain, protect and develop the
past, present and future manifestations of their cultures,
such as archaeological and historical sites, artifacts,
designs, ceremonies, technologies and visual and performing
arts and literature, as well as the right to the restitution
of cultural,
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intellectual, religious and spiritual property taken without
their free and informed consent or in violation of their
laws, traditions and customs.
Article 13
Indigenous peoples have the right to manifest,
practise, develop and teach their spiritual and religious
traditions, customs and ceremonies; the right to maintain,
protect, and have access in privacy to their religious and
cultural sites; the right to the use and control of
ceremonial objects; and the right to the repatriation of
human remains.
States shall take effective measures, in conjunction
with the indigenous peoples concerned, to ensure that
indigenous sacred places, including burial sites, be
preserved, respected and protected.
Article 14
Indigenous peoples have the right to revitalize, use,
develop and transmit to future generations their histories,
languages, oral traditions, philosophies, writing systems
and literatures, and to designate and retain their own names
for communities, places and persons.
States shall take effective measures, whenever any
right of indigenous peoples may be threatened, to ensure
this right is protected and also to ensure that they can
understand and be understood in political, legal and
administrative proceedings, where necessary through the
provision of interpretation or by other appropriate means.
P A R T I V
Article 15
Indigenous children have the right to all levels and
forms of education of the State. All indigenous peoples also
have this right and the right to establish and control their
educational systems and institutions providing education in
their own languages, in a manner appropriate to their
cultural methods of teaching and learning.
Indigenous children living outside their communities
have the right to be provided access to education in their
own culture and language.
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States shall take effective measures to provide
appropriate resources for these purposes.
Article 16
Indigenous peoples have the right to have the dignity
and diversity of their cultures, traditions, histories and
aspirations appropriately reflected in all forms of
education and public information.
States shall take effective measures, in consultation
with the indigenous peoples concerned, to eliminate
prejudice and discrimination and to promote tolerance,
understanding and good relations among indigenous peoples
and all segments of society.
Article 17
Indigenous peoples have the right to establish their
own media in their own languages. They also have the right
to equal access to all forms of non-indigenous media.
States shall take effective measures to ensure that
State-owned media duly reflect indigenous cultural
diversity.
Article 18
Indigenous peoples have the right to enjoy fully all
rights established under international labour law and
national labour legislation.
Indigenous individuals have the right not to be
subjected to any discriminatory conditions of labour,
employment or salary.
P A R T V
Article 19
Indigenous peoples have the right to participate fully,
if they so choose, at all levels of decision-making in
matters which may affect their rights, lives and destinies
through representatives chosen by themselves in accordance
with their own procedures, as well as to maintain and
develop their own indigenous decision-making institutions.
Article 20
Indigenous peoples have the right to participate fully,
if they so choose, through procedures determined by them, in
devising legislative or administrative measures that may
affect them.
States shall obtain the free and informed consent of
the peoples concerned before adopting and implementing such
measures.
Article 21
Indigenous peoples have the right to maintain and
develop their political, economic and social systems, to be
secure in the enjoyment of their own means of subsistence
and development, and to engage freely in all their
traditional and other economic activities. Indigenous
peoples who have been deprived of their means of subsistence
and development are entitled to just and fair compensation.
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Article 22
Indigenous peoples have the right to special measures
for the immediate, effective and continuing improvement of
their economic and social conditions, including in the areas
of employment, vocational training and retraining, housing,
sanitation, health and social security.
Particular attention shall be paid to the rights and
special needs of indigenous elders, women, youth, children
and disabled persons.
Article 23
Indigenous peoples have the right to determine and
develop priorities and strategies for exercising their right
to development. In particular, indigenous peoples have the
right to determine and develop all health, housing and other
economic and social programmes affecting them and, as far as
possible, to administer such programmes through their own
institutions.
Article 24
Indigenous peoples have the right to their traditional
medicines and health practices, including the right to the
protection of vital medicinal plants, animals and minerals.
They also have the right to access, without any
discrimination, to all medical institutions, health services
and medical care.
P A R T V I
Article 25
Indigenous peoples have the right to maintain and
strengthen their distinctive spiritual and material
relationship with the lands, territories, waters and coastal
seas and other resources which they have traditionally owned
or otherwise occupied or used, and to uphold their
responsibilities to future generations in this regard.
Article 26
Indigenous peoples have the right to own, develop,
control and use the lands and territories, including the
total environment of the lands, air, waters, coastal seas,
sea-ice, flora and fauna and other resources which they have
traditionally owned or otherwise occupied or used. This
includes the right to the full recognition of their laws,
traditions and customs, land-tenure systems and institutions
for the development and management of resources, and the
right to effective measures by States to prevent any
interference with, alienation of or encroachment upon these
rights.
Article 27
Indigenous peoples have the right to the restitution of
the lands, territories and resources which they have
traditionally owned or otherwise occupied or used, and which
have been confiscated, occupied, used or damaged
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without their free and informed consent. Where this is not
possible, they have the right to just and fair compensation.
Unless otherwise freely agreed upon by the peoples
concerned, compensation shall take the form of lands,
territories and resources equal in quality, size and legal
status.
Article 28
Indigenous peoples have the right to the conservation,
restoration and protection of the total environment and the
productive capacity of their lands, territories and
resources, as well as to assistance for this purpose from
States and through international cooperation. Military
activities shall not take place in the lands and territories
of indigenous peoples, unless otherwise freely agreed upon
by the peoples concerned.
States shall take effective measures to ensure that no
storage or disposal of hazardous materials shall take place
in the lands and territories of indigenous peoples.
States shall also take effective measures to ensure, as
needed, that programmes for monitoring, maintaining and
restoring the health of indigenous peoples, as developed and
implemented by the peoples affected by such materials, are
duly implemented.
Article 29
Indigenous peoples are entitled to the recognition of
the full ownership, control and protection of their cultural
and intellectual property.
They have the right to special measures to control,
develop and protect their sciences, technologies and
cultural manifestations, including human and other genetic
resources, seeds, medicines, knowledge of the properties of
fauna and flora, oral traditions, literatures, designs and
visual and performing arts.
Article 30
Indigenous peoples have the right to determine and
develop priorities and strategies for the development or use
of their lands, territories and other resources, including
the right to require that States obtain their free and
informed consent prior to the approval of- any project
affecting their lands, territories and other resources,
particularly in connection with the development, utilization
or exploitation of mineral, water or other resources.
Pursuant to agreement with the indigenous peoples concerned,
just and fair compensation shall be provided for any such
activities and measures taken to mitigate adverse
environmental, economic, social, cultural or spiritual
impact.
P A R T V I I
Article 31
Indigenous peoples, as a specific form of exercising
their right to self-determination, have the right to
autonomy or self-government in matters
E/CN.4/Sub.2/1993/29
page 58
relating to their internal and local affairs, including
culture, religion, education, information, media, health,
housing, employment, social welfare, economic activities,
land and resources management, environment and entry by non-
members, as well as ways and means for financing these
autonomous functions.
Article 32
Indigenous peoples have the collective right to
determine their own citizenship in accordance with their
customs and traditions. Indigenous citizenship does not
impair the right of indigenous individuals to obtain
citizenship of the States in which they live.
Indigenous peoples have the right to determine the
structures and to select the membership of their
institutions in accordance with their own procedures.
Article 33
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.
Article 34
Indigenous peoples have the collective right to
determine the responsibilities of individuals to their
communities.
Article 35
Indigenous peoples, in particular those divided by
international borders, have the right to maintain and
develop contacts, relations and cooperation, including
activities for spiritual, cultural, political, economic and
social purposes, with other peoples across borders.
States shall take effective measures to ensure the
exercise and implementation of this right.
Article 36
Indigenous peoples have the right to the recognition,
observance and enforcement of treaties, agreements and other
constructive arrangements concluded with States or their
successors, according to their original spirit and intent,
and to have States honour and respect such treaties,
agreements and other constructive arrangements. Conflicts
and disputes which cannot otherwise be settled should be
submitted to competent international bodies agreed to by all
parties concerned.
E/CN.4/Sub.2/1993/29
page 59
P A R T V I I I
Article 37
States shall take effective and appropriate measures,
in consultation with the indigenous peoples concerned, to
give full effect to the provisions of this Declaration. The
rights recognized herein shall be adopted and included in
national legislation in such a manner that indigenous
peoples can avail themselves of such rights in practice.
Article 38
Indigenous peoples have the right to have access to
adequate financial and technical assistance, from States and
through international cooperation, to pursue freely their
political, economic, social, cultural and spiritual
development and for the enjoyment of the rights and freedoms
recognized in this Declaration.
Article 39
Indigenous peoples have the right to have access to and
prompt decision through mutually acceptable and fair
procedures for the resolution of conflicts and disputes with
States, as well as to effective remedies for all
infringements of their individual and collective rights.
Such a decision shall take into consideration the customs,
traditions, rules and legal systems of the indigenous
peoples concerned.
Article 40
The organs and specialized agencies of the United
Nations system and other intergovernmental organizations
shall contribute to the full realization of the provisions
of this Declaration through the mobilization, INTER ALIA, of
financial cooperation and technical assistance. ways and
means of ensuring participation of indigenous peoples on
issues affecting them shall be established.
Article 41
The United Nations shall take the necessary steps to
ensure the implementation of this Declaration including the
creation of a body at the highest level with special
competence in this field and with the direct participation
of indigenous peoples. All United Nations bodies shall
promote respect for and full application of the provisions
of this Declaration.
P A R T I X
Article 42
The rights recognized herein constitute the minimum
standards for the survival, dignity and well-being of the
indigenous peoples of the world.
E/CN.4/Sub.2/1993/29
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Article 43
All the rights and freedoms recognized herein are
equally guaranteed to male and female indigenous
individuals.
Article 44
Nothing in this Declaration may be construed as
diminishing or extinguishing existing or future rights
indigenous peoples may have or acquire.
Article 45
Nothing in this Declaration may be interpreted as
implying for any State, group or person any right to engage
in any activity or to perform any act contrary to the
Charter of the United Nations.
E/CN.4/Sub.2/1993/29
page 61
ANNEX II
AMENDMENTS TO THE REPORT SUBMITTED BY MEMBERS OF THE
WORKING GROUP
1. CORRECTIONS SUBMITTED BY MR. ALFONSO MARTINEZ TO THE
CONCLUSIONS AND RECOMMENDATIONS (CHAP. X)
PARAGRAPH 209
LINE 1
The text should be the following:
"The Working Group made every effort and completed its
discussion on the draft ..." (the word "DISCUSSION" to
substitute for the word "work");
LINE 5
The text should be as follows:
"(resolutions 1993/30 and 1993/31), General Assembly
-----------
(resolution 47/75) and, in ..." (underlined text to be
added);
LINE 10
The text should be as follows:
"to the above-mentioned Commission on Human Rights
resolutions the members of ..." (the word "resolution"
should be in the plural).
PARAGRAPH 210
The text should read as follows:
In this respect the Working Group recommends to the
Sub-Commission:
(a) To postpone the consideration of the above-
mentioned draft declaration - as agreed to by the members of
the Working Group in private meetings during its eleventh
session and contained in Annex I of the present report -
until its forty-sixth session in 1994;
(b) To request the Secretary-General to submit the
above-mentioned draft declaration, as soon as possible, to
the appropriate services within the Centre for Human Rights
for its technical revision;
(c) To further request the Secretary-General to
transmit the text of the draft declaration to indigenous
peoples and organizations, Governments and intergovernmental
and non-governmental organizations, as soon as the technical
revision of the draft declaration is completed, and not
later than 31 March 1994. The note of transmittal shall
contain an explicit reference to the fact that no further
amendments to the technically revised text will be accepted
during the future standard-setting proceedings of the
Working Group;
E/CN.4/Sub.2/1993/29
page 62
(d) To request its Working Group on Indigenous
Populations to formally adopt the text of the draft
declaration, as technically revised by the secretariat, at
its first public working meeting of its twelfth session
[1994], and to submit the above-mentioned text of the draft
declaration for consideration of the Sub-Commission at its
forty-sixth session [1994].
2. FOOTNOTES PROPOSED BY MR. ALFONSO MARTINEZ TO BE ADDED
TO VARIOUS ARTICLES OF THE DRAFT DECLARATION CONTAINED
IN ANNEX I
1. To ARTICLE 33:
"Mr. Alfonso Martinez did not agree with the present
formulation. In his opinion, the words 'in accordance with
internationally recognized human rights standards', at the
end of the present wording, should be deleted. In his view,
the said formulation would render the right recognized
therein completely meaningless in many cases, since the
recognition of indigenous peoples' institutional structures
and distinct juridical customs, traditions, procedures and
practices would only be possible if they were 'in
accordance' with non-indigenous standards. Although on many
occasions indigenous and non-indigenous standards coincided,
that might not always be the case."
2. To articles 37 to 45:
"The final wordings of these articles were agreed to on
17 and 18 August without Mr. Alfonso Martinez being
present."
3. AMENDMENTS PROPOSED BY MR. BOUTKEVITCH TO CHAPTER X.A
OF THE REPORT
The Working Group made every effort and completed its
work on the draft declaration on the rights of indigenous
peoples.
The Working Group agreed on a final text of the draft
declaration, which the members of the Working Group affirmed
by their initials in the following way:
E.D. Erica-Irene A. Daes
Chairperson of the Working Group
A.M. Miguel Alfonso Martinez
Member of the Working Group
J.A. Judith-Sefi Attah
Member of the Working Group
V.B. Volodymyr Boutkevitch
Member of the Working Group
R.H. Ribot Hatano
Member of the Working Group
and decided to submit it to the Sub-Commission at its
present session.
E/CN.4/Sub.2/1993/29
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The Working Group recommended to the Sub-Commission to
request the Secretary-General to circulate it to indigenous
peoples, Governments and intergovernmental and non-
governmental organizations with a special reference to the
fact that no further discussion of the text would take place
in the Working Group.
4. AMENDMENTS PROPOSED BY MR. HATANO TO CHAPTER X.A OF THE
REPORT
PARAGRAPH 209
LINE 5
resolution 1993/31 SHOULD READ resolutions 1993/30 and
1993/31.
LINE 10
resolution SHOULD READ resolutions.
PARAGRAPH 210
(b) should be replaced with (c);
(c) To request the Secretary-General to circulate the
draft declaration, duly edited and translated, to indigenous
peoples, Governments and intergovernmental and non-
governmental organizations, with a special reference to the
fact that no further discussion on the submitted text would
take place in the Working Group;
(d) To recommend to the Commission on Human Rights and
the Economic and Social Council to take special measures so
that indigenous peoples be enabled to participate fully and
effectively, without regard to consultative status with the
Economic and Social Council, in the consideration of the
draft declaration by the Sub-Commission and other higher
bodies of the United Nations, as they had thus far
contributed to the work of the Working Group.
Mr. Hatano was not opposed to the submission of the
draft declaration to the current session of the Sub-
Commission, but he had been wondering whether or not a
working group could formally adopt a draft declaration of
such an importance in the course of its informal meetings,
because the final text had been agreed upon by the Working
Group on Indigenous Populations only on 17 August 1993,
while its eleventh session, duly authorized by the Sub-
Commission, the Commission on Human Rights and the Economic
and Social Council, had ended on 30 July 1993.
Therefore, he was of the opinion that the final text
would have to be formally adopted during the twelfth session
of the Working Group, unless it was established, in the
light of United Nations practice, that the Working Group was
entitled to adopt the draft declaration after the end of its
authorized session, or unless it was specifically authorized
to do so by, at least, the Sub-Commission during its forty-
fifth session.
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