United Nations Permanent Forum on Indigenous Issues (Day 6)

United Nations Permanent Forum on Indigenous Issues
Fifth Session

Day 6
Monday, May 21, 2006



|| Looking at the faces of our Future ||
Akha youth, Indigenous Peoples from Northern Thailand

On Monday morning, Item 4 of the Agenda was addressed which included b) human rights, with a special emphasis on an interactive dialogue with the Special Rapporteur of the Commission on Human Rights on the situation of the human rights and fundamental freedoms of indigenous people; c) indigenous children, youth (2003) and women (2004, d) data collection; and e) free, prior and informed consent. Over 40 indigenous organizations, NGOs and States made interventions throughout the day. All statements are available on the DoCip website.

|| Mr. Zong Kang Yang ||
Intervention by World Hmong People's Congress

The Office of the High Commissioner for Human Rights statement, read by Julian Berger, UN expert, highlighted some of the work that the OHCHR has been involved with during the past year. He made specific reference to a document that the OHCHR prepared for the 62nd Commission on Human Rights (E/CN.4/2006/77 is available on the OHCHR under Item 15 – Indigenous Issues), which reported on a number of indigenous related issues. These included, Special Rappoteurs on the contemporary forms of racism, right to food, right to adequate housing, right to education, right to health. Also addressed in this report is the independence of judges and lawyers, torture and other cruel, inhuman and degrading treatment or punishment, violence against women, and toxic waste. Please visit the UNOHCHR website to download this report.

In his statement, he briefly touched upon the work of the Treaty Bodies and emphasized that they have been paying “particular attention to indigenous peoples rights.” Of particular note is his reference to the 35th session of the Committee on Economic, Social and Cultural Rights where General Comment No. 17 was adopted. General Comment No. 17 deals with the "right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author". Mr. Berger indicated that there are particular references to indigenous peoples. For further information on General Comment No. 17, please visit the Committee on Economic, Social and Culture rights website indicated previously.

In his closing remarks, Mr. Berger also addressed concerns expressed by indigenous peoples regarding the Working Group on Indigenous Populations scheduled to meet at the end of July. Concerns have been raised by indigenous peoples worldwide regarding future work on the Draft Declaration on the Rights of Indigenous Peoples. He reminded delegates that the General Assembly resolution that established the Human Rights Council (60/251 of 15 March 2006) states, "that the Councils will assume responsibility for all mandates, mechanisms and functions as of 19 June 2006 when it will hold its first session and will review them within one year in order to maintain a system of expert advice." However, he could not confirm whether the WGIP will meet in July or not and further stated that the Office would not be able to "give guidance regarding the draft declaration." Mr. Berger’s full statement can be downloaded on the DoCip website.

|| Ms. Jennifer Awingan ||
Intervention by Asia Pacific Youth Network

Also on Monday morning, Ms. Tonya Gonnella Frichner read a statement on behalf of the Global Indigenous Caucus that addressed the establishment of the new Human Rights Council and it’s "effect on the ability of the Indigenous Peoples and Nations to redress and vindicate the violations of our human rights within the UN system." The Caucus expressed concern regarding the HRC because of the lack of clarity surrounding the agenda, structure and process of the new body as well as mechanisms that will ensure the participation of indigenous peoples as well as how the concerns of indigenous peoples will be addressed. The Caucus outlined a number of recommendations, starting out by stating that the "Human Rights of Indigenous Peoples continue to be a distinct, ongoing agenda item within the agenda that is established by the new Human Rights Council." Please download the entire statement to read the rest of the recommendations made by the Caucus.

|| Mr. Lent Lebsock ||
American Indian Law Alliance

Kent Lebsock, Executive Director of the American Indian Law Alliance read a joint statement on behalf of AILA, the Seventh Generation Fund, Tonatierra, Maya Vision, and Tatanka Oyate. This statement dealt directly with the Draft Declaration on the Rights of Indigenous Peoples and the Chairman’s Text, specifically recommended changes for the Chairman’s Text on Article 3bis and Article 45. It was expressed that there were concerns raised by legal experts and constituencies regarding the Chairman’s text as it stands, thus the request for "minor" changes. '

Regarding Article 3b, it was suggested that the text of this article be changed to;

"Indigenous peoples, in exercising their right to self-determination, have the right inter alia, to self-government in matters related to their internal and local affairs, as well as ways and means for financing its functions."

What does inter alia mean? Inter alia is Latin for "among other things." As Mr. Lebsock explained, the right to self-determination as proclaimed in the Charter has "never been limited to internal and local affairs in a human rights instrument, and cannot now be limited in the Declaration without discriminating against us as indigenous peoples." In other words, their concern is that the Chairman’s Text as it stands has a legal inaccuracy could limit indigenous peoples’ right to self determination to "internal and local." For example, he explains that indigenous peoples currently represent their interests in a number of international for a including the United Nations.

Suggested changes were also made to Article 45, to include:

"Nothing in this Declaration maybe interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations;

In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declartion shall be subject only to such limitations as are determined by law, and are in accordance with international human rights [obligations]standards. Furthermore, any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and compelling requirements of a democratic society conducting itself in accordance with international standards of good governance. "

As Mr. Lebsock explained, the Declaration should provide a progressive framework for the rights of indigenous peoples but should not stop any existing obligations. Further, any limitations placed on the rights of indigenous peoples would be contrary to existing international human rights law and good governance standards. The statement was closed by urging the adoption of the Draft Declaration on the Rights of Indigenous Peoples.

|| Mr. Adelard Blackman ||
Intervention by Buffalo River Dene Nation

Ashley Iserhoff, Deputy Grand Chief of the Grand Council of the Crees (Eeyou Istchee), from James Bay, Québec, Canada, also made an intervention addressing the UN Draft Declaration on the Rights of Indigenous Peoples and the MDGs. Over seventy-five Indigenous Nations and organizations from around the globe were a part of the collective statement. The statement urged the States to support the “latest revised text that has been proposed by the Chair…of the intercessional Working Group (WGDD). Indigenous organizations continue to sign onto the collective statement this week.

|| Mr. Miguel Guatemal ||
Intervention by CONAIE, Ecuador

In the halls, some delegates have expressed concern about proposing changes to the Chairman’s Text. It is feared that by suggesting changes to the current Chairman’s Text, it will open the door to States to do the same. For many, moving forward with the adoption of the Draft Declaration by the new Human Rights Council and passage by the General Assembly is paramount given the creation of the new Human Rights Council and concerns with the new structure. Many feel that indigenous peoples would not benefit in reopening the discussions on the Draft in another session of the Working Group or with States. Although there are indigenous leaders that oppose the adoption of the Chairman's Text, there were no interventions made at this year's permanent forum.

The United States, Australia and New Zealand made a statement on Monday under Article 4e-Free, prior and informed consent. Mr. Peter Vaughan discussed current efforts underway by the Permanent Forum and other international bodies to "define and promote a principle or ‘right’ of free, prior, and informed consent in relation to indigenous peoples…" While stressing that this is a complex issue, Mr. Vaughan pointed out that these discussions are "far from complete." He pointed out that "widely different views" about the "content and application" were apparent amongst attendees at the International Workshop on Free, Prior, and Informed Consent held in 2005. To that end, he argued that it would be "premature to refer to the conclusions of the workshop as reflecting a 'common understanding' as stated in the report." He went on further to say that it was the position of the States that there "can be no absolute right of free, prior, informed consent that is applicable uniquely to indigenous peoples and that would apply regardless of circumstance." As the states outlined previously, they believe that "such an overriding right to a specific subset of a national populace would be potentially discriminatory."

All statements from Monday’s session can be downloaded from DoCip website.