COMMISSION ON HUMAN RIGHTS BEGINS DEBATE ON “INDIGENOUS ISSUES”

AFTERNOON
HR/CN/99/46
19 April 1999


Countries and non-governmental organizations (NGOs) told the Commission on Human Rights this afternoon that it was important to carefully consider the rights of indigenous peoples throughout the world and that a good first step would be to give them a permanent forum within the United Nations system.

Their remarks came as the Commission opened discussion under its agenda item on “indigenous issues”.

Chairman/Rapporteur Richard van Rijssen of the Ad Hoc Working Group on the Establishment of a Permanent Forum for Indigenous Peoples, said the group indeed recommended establishing such a forum, and thought the forum should address a wide range of issues, including human rights, social and sustainable development, health, the environment, education, culture, children, and gender.

José Urrutia, Chairman/Rapporteur of the Working Group to elaborate a draft United Nations declaration on the rights of indigenous peoples, said progress had been made on the draft but that more flexibility was needed on the part of countries and indigenous groups.

That sentiment was echoed by the Ecuadorean delegation, which said the Working Group’s deliberations often had stagnated because of unbending stances among countries and indigenous groups. A greater spirit of compromise was needed, the Ecuadorean delegate said.

Victoria Tauli-Corpuz, Chairperson/Rapporteur of the Board of Trustees of the United Nations Voluntary Fund for Indigenous Populations, said the fund had allowed key indigenous leaders to attend today's conference. However, Ms. Tauli-Corpuz added, the Fund still needed increased contributions.

Jose Carlos Morales Morales, member of the Fund for the United Nations International Decade of the World’s Indigenous People, said the Fund was suffering a shortfall and implored countries that had pledged donations to pay up. Melba Pria, Director-General of the Mexican National Indigenous Institute, said in an address to the Commission that indigenous peoples had traditionally been burdened by poverty, marginalization, discrimination, and uprooting. In Mexico, there had been a renewed commitment by the Government to forge a new alliance between indigenous groups and the rest of Mexican society, she said.

Several countries outlined what their own Governments had done to address indigenous rights. The Philippines, for example, reported that a seven-member National Commission had been appointed to assist indigenous populations and protect their rights.

At the end of the afternoon session, Absa Diallo, Chairwoman/Rapporteur of the Commission’s sessional Working Group to prepare for a World Conference against Racism, presenting the group’s report, said most problems of racism could be solved by regional, national, and local actions, and although a World Conference would be convened, States should not forget they had a responsibility to act locally and nationally.

Speaking were representatives of the following countries: Peru, Canada, Ecuador, Argentina, Philippines, New Zealand, Denmark, Paraguay, Ukraine, Bolivia, Switzerland, Estonia, Australia, and Spain.

The following NGOs and international organizations also delivered formal statements: American Association of Jurists; Centre Europe - Tiers Monde; International Human Rights Law Group; FIAN; Asian Cultural Forum on Development; Afro-Asian People’s Solidarity Organization; and International League for the Rights and Liberation of Peoples.

The Commission concluded its afternoon session and immediately convened an evening meeting to continue its discussion of indigenous issues.

Indigenous issues

Under this agenda item, the Commission has before it a report (E\CN.4\1999\81) on the implementation of the programme of activities for the International Decade of the World's Indigenous People, which explains the Indigenous Fellowship Programme and the Voluntary Fund for the International Decade of the World's Indigenous People, as well as the United Nations Voluntary Fund for Indigenous People.

There is a document (E/CN.4/1999/82) which contains the report of the open-ended inter-sessional Working Group on the elaboration of a draft declaration entitled "Draft United Nations Declaration on the Rights of Indigenous People", for consideration and adoption by the General Assembly within the context of the International Decade of the World's Indigenous People.

The report says the Working Group has discussed the scope of application of the Declaration, the term "indigenous peoples", the right to self-determination, and the text of the draft declaration. Proposed amendments are contained in the document, relevant to articles 15-18 of the draft, for future discussion. Indigenous representatives and some Governmental delegations supported the current wording of these articles.

There is a report of the open-ended intersessional ad hoc Working Group on a permanent forum for indigenous people in the United Nations system (E\CN.4\1999\83), which indicates that all participants expressed support for the full, free, and active participation of indigenous people in such a permanent forum, which would address issues such as health, environment, education, culture, human rights, resource management, housing, and gender issues.

There is disagreement as to where the new forum should report, the document states. Several Government representatives suggest that it should report to the Economic and Social Council, but indigenous representatives contend that it be established at the highest possible level, and that ECOSOC is too low a level.

There is a progress report (E\CN.4\Sub.2/1999\15) on a working paper prepared by the Subcommission's Special Rapporteur on the topic of indigenous people and their relationship to land, which includes, among other things, a "preliminary analysis" of the issue from the point of view of States. The paper contends, among other things, that Governments worry about how indigenous land rights and claims can be reconciled with the need for certainty and security in land titles; and that they are concerned over what are the best means for having a claim process that avoids overlapping and unending claims.

There is a report (E\CN.4/Sub.2/1999\16) of the Working Group on indigenous populations on its sixteenth session which includes among its conclusions and recommendations the news that it will highlight the themes of "indigenous peoples and their relationship to land" and "indigenous peoples and health" at the group's seventeenth session; and that review of the topic of education and language had indicated there are continuing difficulties faced by indigenous peoples in this area -- that indigenous languages are increasingly threatened and that indigenous communities are in some cases seeking to preserve their languages and cultures by establishing schools and institutes.

The Commission has before it document (E/CN.4/Sub.2/1994/2/Add.1) which is a copy of the United Nations draft declaration on the rights of indigenous peoples as agreed upon by the members of the Working Group at its eleventh session. It sets forth 45 articles on, among other things, specific human rights and fundamental freedoms according to the Charter, collective rights to live in freedom, peace and security, rights to practise and revitalize cultural traditions and customs, State obligations to ensure the rights of indigenous peoples when they are threatened, the right to participate fully at all levels of decision-making, and the right to maintain and strengthen distinctive spiritual and material relationships, and to exercise the right to self-determination.

Statements

RICHARD VAN RIJSSEN, Chairman-Rapporteur of the ad hoc working group to consider the possible establishment of a permanent forum for indigenous people within the United Nations system, said the World Conference on Human Rights in Vienna in 1993 recommended that such a permanent forum for be established. Since then, two workshops had taken place, and they, along with the first meeting of the ad hoc working group on the topic, had helped to focus the discussion.

The group had made much progress in its five-day session, and although the work was hampered by an incident in which protestors occupied the meeting room, the Secretariat and the participants were not seriously distracted. The achievements realized would not have been possible without the help of all involved.

Some of the conclusions reached were that the forum, once set up, should cover a wide arrange of topics; that it should serve as an advisory board to the UN system; that it should not duplicate work already being done elsewhere; that it should be an open assembly; that it should designate a core group from within its ranks that would on a consensus basis; and that indigenous members should be appointed through equitable distribution.

JOSE URRUTIA, Chairman/Rapporteur of the Working Group of the Commission in charge of elaborating a draft declaration on the rights of indigenous people, the working group had worked hard during its fourth session. The debate was elaborated in the report. What did not emerge from the report was that the atmosphere of the meeting had been very positive. There had been a climate of confidence which had enabled everyone to carry out of the plan of work. To date, only two articles of the draft had been adopted at first reading. However, this was not the only yardstick of progress -- progress had been made. Dialogue was maintained and in fact it had improved; there was greater participation and the discussion was of higher quality. There was a diversification of topics discussed because all stepped up their contacts on a regional basis. Consensus had been reached on the principles contained in the articles debated.

The report contained a clear indication of the nature of the difficulties to be overcome in the future, the Chairman/Rapporteur said. Overcoming these was the first stage of future work. Certain articles, 15 to 19 included, should be objects of consideration in light of the principle that any suggestion made should be done in the aim of improving the article in question. The United Nations should not have to take the initiative in organizing regional meetings. There should be a guarantee of the broadest possible representation at the group. NGOs should cooperate in this. One mechanism that would spur greater participation would be greater funding; there was a need for contributions to this end. Mechanisms should also be adapted to ensure the broadest possible representation -- but this was outside the Working Group's mandate.

Progress would not be possible without flexibility and a spirit of compromise, Mr. Urrutia said. All participants should take into consideration the views of all others with the aim of improving the draft. There was a need for greater efforts in that direction. The aim of the exercise was to prepare a draft, and all rigid attitudes should be set aside. Governments should reconcile their differences, so as to respect the aspirations of indigenous peoples.

VICTORIA TAULI-CORPUZ, Chairperson/Rapporteur of the Board of Trustees of the United Nations Voluntary Fund for Indigenous Populations, said that thanks to the Fund key indigenous leaders and activists had been able to attend this year’s session of the Commission. The Fund also enabled them to speak and represent their own nations, communities and organizations in relevant working group sessions; their active presence had spelt the difference in what these groups had achieved.

There now were three important events to which the Fund brought indigenous representatives. As of today, the balance of contributions paid into the Fund by Governments and indigenous organizations in the amount of about US$100,000, would not be sufficient to cover the grants envisaged for the year 2000. The International Decade was already in its fifth year and there were only a few years left for achieving its lofty objectives. Much remained to be done, and another US$500,000 was needed, at a minimum, for the year 2000 to meet increasing requests from indigenous peoples to take part in the programmes of the Decade. Pledges of US$158,000 had been received from Bolivia, Denmark, Greece, and Tunisia, and it was hoped that these pledges and other new contributions would be paid before the next session of the Commission.

JOSE CARLOS MORALES MORALES, Special Expert of the Fund for the United Nations International Decade of the World’s Indigenous People, of the World said detailed information on the Fund’s activities had been presented in General Assembly report A/53/310. Projects were funded based on donations received from voluntary contributions, inter-governmental organizations and non-governmental organizations.

Unfortunately donations had fallen short of the projected amounts. If the Governments which had promised contributions, including Bolivia, Denmark, Greece and Tunisia, had paid, there would still have been a shortfall of US$300,000 to what was needed to fulfill the projected costs of projects for 1999. Further contributions were invited.

MELBA PRIA, Director-General of the Mexican National Indigenous Institute, said the International Decade for the World’s Indigenous People was an important initiative that had attracted the attention of the international community, NGOs, and agencies of the UN system, as well as of indigenous peoples themselves. The latter were burdened by poverty, marginalisation, discrimination and uprooting. The non-stop activity on this topic had caused a confrontation over the capacity of policies, models and programmes to respond to the fundamental needs of indigenous peoples and over how to establish the basis for the integral development of indigenous peoples. The proposal to create a permanent forum was an opportunity to advance new policies and generate specific structures that contributed to the accomplishment of the objectives pursued by the Decade. Indigenous populations had stressed their interest in the Forum. International protocols should define the mechanism under which indigenous representation would be decided.

The Government of Mexico had explicitly and totally renewed its commitment to creating a new alliance between the country’s indigenous peoples and Mexican Society, Ms. Pria said. The great task was to create and uphold a culture of plurality and a respect for diversity, a culture of full acknowledgement of all peoples. ¨

ABSA DIALLO, Chairwoman/Rapporteur of the Commission’s sessional Working Group in preparation for a World Conference against Racism, said the group’s report was the result of four meetings and had been adopted on 15 April. It was divided into three parts. The first covered organization of work; the second, questions of substance, including seven goals for the Conference; and the third, procedure. There was general agreement on the need to focus preparations for the Conference on concrete actions. Another important issue was the need to hold regional conferences, which would provide a unique opportunity to gather information. Important efforts remained to be done in this context, especially in terms of ensure in that adequate resources were made available.

Most problems of racism could be solved by regional, national and local actions -- for example, cultural and sporting activities, the Chairwoman said. The contribution of the NGOs was vital. The Working Group had emphasized that this World Conference should not be an end in itself, since the fight against racism and racial discrimination was ongoing. States should not forget the crucial importance of their voluntary contributions to the success of the Conference.

LUIS ENRIQUE CHAVEZ (Peru) said the promotion and protection of the human rights of indigenous individuals was important to Peru, since the country was multi-cultural and multi-ethnic. The establishment of a permanent forum for indigenous peoples in the United Nations was important, since the principle had been a subject of consensus. However, it had also been quite clear that different positions existed on the form that that forum would take. The definition of its mandate should be taken up as a priority, and the forum should not duplicate or redo the work of any other UN body. There should be a legal framework for its activities, and it should be funded from the regular budget of the UN.

There had been some progress upon the draft United Nations declaration on the rights of indigenous peoples over the years. Nevertheless, greater flexibility was required from all parties. The process should no longer be held up.

WAYNE LORD (Canada) said there was increased awareness about the broad range of issues surrounding the world’s indigenous peoples. Canada had introduced a resolution authorizing the open-ended inter-sessional Working Group. Doing this, Canada had re-affirmed its commitment and renewed its efforts to achieve the goal of adopting a universal human rights instrument for indigenous peoples.

As participants prepared for the fifth session of the Working Group, all should strengthen their resolve to make real progress. Canada continued its consultative dialogue with aboriginal leaders and officials in Canada. Canada had co-sponsored the annual combined resolution on the Working Group on Indigenous Populations of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. States should support the relevant Voluntary Fund. The board of the Fund was a success, and was an excellent example of the partnerships that were possible between States, indigenous peoples, and the UN.

LUIS GALLEGOS CHIRIBOGA (Ecuador) said the strength of the Ecuadorean nation lay in its diversity of nationalities and cultures. The work of the Working Group on a draft declaration of the rights of indigenous peoples was stagnating, due to firm stances held by many of the delegations, both of the States and of indigenous peoples, none of whom would change their minds. The work on the declaration should continue through a search for themes and ideas. It was important to have flexible participation -- Progress could only be achieved by joint action to find points of agreement.

The elements that had been agreed upon by the meeting of the Working Group on possible establishment of a forum for indigenous peoples would establish such a forum, and would give it a democratic character. Objectives common to all groups, such as the protection of indigenous peoples, could and should provide a basis for joint work. The participation of States should be through UN channels and that of indigenous peoples should take place on a regional basis.

PABLO CHELIA (Argentina) said the Working Group developing the text of a draft Declaration on the Rights of Indigenous had identified more clearly the obstacles to the full realization of such. An inter-American group had made great progress towards an Inter-American Declaration on the Rights of Indigenous Peoples, and this draft would be a good example to put before the next session of the Working Group. As for the report of the intersessional Working Group for the possible establishment of a permanent forum for indigenous people within the United Nations system, Argentina supported the increase in the size of the group, with an equivalent enlargement of the participation of indigenous peoples. Delegations should be mixed, integrated by Governments and representatives of the indigenous nations freely elected by indigenous peoples.

Among other steps related to indigenous peoples, Argentina had continued carrying out new legislation related to the rights incorporated in the 1994 Constitution specifically on behalf of indigenous peoples; it had promoted the creation of the Council of Indigenous Peoples of Argentina; and it was implementing land reforms.

DENIS LEPATAN (Philippines) said last year the Philippines had set up a National Commission on Indigenous Peoples and had named as its Chairman David A. Daoas, a distinguished son of the indigenous peoples of the Cordillera region. The Commission was now ready to undertake the tasks for which it had been created, namely addressing specific needs and problems, especially for vulnerable groups such as women and children.

The National Commission faced the challenge implementing policies and programmes to help indigenous peoples. Its mandate included recognition of ancestral lands and domains and the enjoyment of rights pertaining to them. It was also charged with providing advisory and technical services to ensure that indigenous peoples were able to manage their ancestral lands for their maximum benefit, particularly with respect to the exploitation and conservation of natural, biological, and genetic resources.

IAN HILL (New Zealand) said the country had a long history of cooperation on issues concerning indigenous peoples, including the development of international standards on the rights of indigenous peoples. New Zealand had recognized that the issue had particular significance for the country, and that the indigenous should be directly involved in matters affecting their future. Two of the most important activities that went on during the International Decade of the World’s Indigenous Peoples were the development of a Declaration of Rights of Indigenous Peoples, and the establishment of a permanent forum for the indigenous within the UN system.

While progress had been slow on the declaration, New Zealand was encouraged by the increased level of participation of States and by the more open dialogue between the two parties at the fourth session of the Working Group. Full engagement of member States and indigenous groups was vital if progress towards an agreed text was to be achieved. All participants should intensify their good faith efforts.

HANS HENRIK BRUUN (Denmark), on behalf of Finland, Iceland, Norway and Sweden, said the Nordic Countries strongly supported indigenous peoples' aspirations worldwide, and viewed the International Decade of the World’s Indigenous People a welcome inspiration for promoting recognition of and respect for their rights. The goal of this Decade was to strengthen international cooperation for the solution of problems encountered by indigenous peoples in such areas as human rights, the environment, development, education and health. Concrete results should have been achieved already.

This was in particular relevant to two of the most important activities, the establishment of the permanent forum for indigenous peoples, and the drafting of a United Nations Declaration on the Rights of Indigenous Peoples. Establishment of the forum was within reach of the framework of the Decade, and the prospects were there to ensure co-ordination and regular exchanges of information among concerned and interested parties. The drafting of the Declaration had been going on for too long. There was a need to build on the emerging consensus by revising the draft with the aim of improving and strengthening the text and accommodating reasonable concerns.

LETICIA CASATI (Paraguay) said it was a country where two cultures had lived peacefully together for over 500 years; hence it was conscious of the importance of recognizing and guaranteeing the rights of the indigenous peoples and had introduced an article into its Constitution which recognized the rights of these peoples to keep and develop their identities and to participate freely in the country’s political, social, economic, cultural and religious systems. The Paraguayan state respected the cultural distinctions of indigenous peoples particularly as they related to education.

Paraguay, in the spirit of accommodation to its indigenous populations, had recently restored 21,884 hectares of land to indigenous communities in Laguna Pato, Santa Juanita and Riachito. Paraguay supported the creation of a permanent forum and called on the international community to support the Voluntary Fund for Indigenous Populations and to support the International Decade so as to allow the active participation of indigenous peoples in this international process to realize their rights.

VLADYSLAV ZOZULIA (Ukraine) said there was a lack of cooperation and dialogue between indigenous peoples, Governments, societies, and the international community in the Working Group on a draft declaration. The current draft did not differentiate between assimilation and integration. Societies and nations could not exist without the integration of various ethnic groups. The draft had no sign of willingness to look for understanding within society. The document was not universal -- it was heavily oriented towards tribal peoples, and the lack of a definition of indigenous peoples was another shortcoming.

The Ukraine had a very complex history full of injustice; some 60 years ago, millions of Ukrainian peasants were dispossessed of their lands and deported to Siberia. More than 50 years ago, hundreds of thousands of people, including indigenous peoples, were forcibly deported from the Ukraine. Today, they were returning to their historical lands, and one of the most important tasks of the Government was to ensure their smooth reintegration and peaceful resettlement.

SILVIA AVILA SEIFERT (Bolivia) said there had been Constitutional reform in Bolivia to incorporate the rights of the indigenous peoples. There was a development policy guaranteeing them the right to land ownership and the right to sustainable development of their natural resources. Indigenous peoples had the exclusive right to their traditional lands, to use and exploit them as they saw fit. The right to customary indigenous law was protected by the Constitution, as long as it was not contrary to the political and judicial spirit of the Constitution. This was not the same as taking individuals out of society as a whole, but guaranteed political and judicial freedom for all.

The knowledge and traditional lifestyles of indigenous communities were protected. Educational councils had been established to provide suitable schooling for indigenous children, and there was a plura-lingual norm for the teachers of the Amazon basin.

JEAN-DANIEL VIGNY (Switzerland) said indigenous peoples should have a forum comparable to the Commission on Human Rights. The human rights of the indigenous peoples were at the heart of the problem. Switzerland encouraged States to show goodwill and pragmatism in the establishment of a permanent forum. The adoption of a Declaration on the rights of such peoples was also a top priority. Switzerland deplored the contention that there was still a need to establish a definition of indigenous peoples. A consensus already existed.

Switzerland was a country made up of many minorities, and the safeguarding of this general diversity enriched the nation. Specific protection was necessary for indigenous groups worldwide. Work on both the forum and declaration should proceed independently and rapidly.

MALLE TALVET (Estonia) said there had been change in the situation regarding establishment of a permanent forum for indigenous peoples. The working group had convened an open-ended inter-sessional ad hoc working group. Many governmental as well as indigenous representatives were of the opinion that the group should be reconvened in order to finalize its work

The group should submit concrete action plans for consideration and adoption by the Commission at its next session. Such an approach had the support of the delegation of Estonia. Also, active inter-sessional consultations might facilitate the deliberations of the group.

PETER HEYWARD (Australia) said the country’s Prime Minister had said in 1998 that the Government would commit itself genuinely to the cause of true reconciliation with the Aboriginal people of Australia by the centenary of Federation; he also had said the Government valued very highly the enrichment provided to its national life by the culture and heritage of its indigenous peoples. There could be no meaningful reconciliation process while indigenous people remained severely disadvantaged in comparison with the general community.

Australia had spent a record $1.9 billion on indigenous-specific programmes of which more than half went to the Aboriginal and Torres Strait Islander Commission made up of 35 Regional Councils of indigenous representatives. Areas identified for attention included improvement of health standards; expansion of educational and employment opportunities; reduction of family violence; and launching of a “Living in Harmony” campaign.


DONA MARIA NOGUEROL (Spain) said Spain fully supported the complete inclusion of indigenous peoples within democratic society; the march towards cultural pluralism improved the well-being of all citizens. Spain’s Strategy of Cooperation with Indigenous Peoples was an effort to support processes of sustainable self-development which allowed the direct participation of such peoples in matters affecting them. The strategy also stressed indigenous participation in national and international fora.

Spain lamented that the Secretariat had not included the document presented by Spain as an annex to the report of the Working Group on a permanent forum. The permanent forum should be established at a high level under the Economic and Social Council and should be financed through the UN’s regular budget.

MERCEDES MOYA, of American Association of Jurists, said there had been an increase in military presence in the state of Chiapas in Mexico that had caused the displacement of indigenous persons. Their rights of transit had been violated, and when they had to cross areas they were interrogated and their papers were checked.

Prostitution, drug addiction, and AIDS had increased among them. Indigenous women were being sexually harassed and they could not bathe in the rivers for fear of being raped. These were all serious and systematic violations of human rights. The Commission should take all measures to stop the Mexican Government from continuing such violations.

VICTORIA MILLER, of Centre Europe - Tiers Monde, said all free-trade agreements worked to the disadvantage of the weakest populations and countries. This was particularly the case for the indigenous populations of Mexico, where the politics underlying these agreements would end in a threat to their lives. Policies were being imposed on indigenous populations through violence and repression.

While Mexico was reinforcing its integration into the global neo-liberal system, the fight of the Zapatistas in Chiapas had shown the truth that had been ignored; indigenous peoples were suffering a constant degradation of their living conditions. The indigenous communities and civil Mexican society demanded the presence of international observers. Such systematic violations of human rights required the appointment of a Special Rapporteur for Mexico. The Special Rapporteurs on torture and summary executions also should visit.

LOTTIE CUNNINGHAM, of International Human Rights Law Group, said Nicaragua was going through a period of political and economic crisis, with high levels of poverty and unemployment. That had resulted in a high level of violence against women. Some 1.6 percent of the GNP was lost each year because of domestic violence against women who then were not able to work. More than 3,900 women had reported physical and sexual abuse by their husbands. Many were assaulted in front of their children and many were raped while pregnant. About 12 pregnant women died from such assaults every month.

Benefits that could lead to a better life for indigenous peoples in Nicaragua were denied. Indigenous women had been victims of great violence because of recent economic changes. Drinking, drugs, and unemployment had led to greater violence in the home. For many years indigenous people had suffered plunder, exploitation, and neglect. A Special Rapporteur should be appointed on violence against indigenous women.

VLADIMIR AGUILAR, of FIAN, said the situation of the Akawaio, Arawako, Kari'na and Pemon indigenous peoples was grave. These indigenous peoples were particularly affected by violations of indigenous-peoples’ rights in Venezuela. Their living conditions were such that they were exposed to imminent extinction. This was a direct consequence of the neo-liberal policies put in place by the previous Government, which had ignored their existence and committed acts of racism and discrimination against them. These indigenous groups were suffering continuous harassment by the National Guard and were no longer free to move as they wished.

There was a need for a Special Rapporteur on the violations of human rights of indigenous peoples. The so-called “development” of indigenous lands also should be brought to a halt.

SUCHAS CHAKMA, of Asian Cultural Forum on Development (ACFOD), drew attention to disappearing indigenous peoples across Asia and cited the Veddas of Sri Lanka as an example. President Chandrika Kumaratunga had proclaimed that the Veddas would be allowed to continue their traditional way of life. But despite that proclamation, Veddas were still being killed for following their traditions. Meanwhile the policies of the Government of India had led to the near extinction of the Jarawas, Sentinelese and Great Andamanese peoples.

ACFOD was concerned about the lack of progress in the Open Ended Inter-Sessional Working Group on the Draft United Nations Declaration on the Rights of Indigenous Peoples. The anticipated permanent forum should be at the level of the ECOSOC and empowered to address all facets of the problems faced by indigenous peoples. The presence of indigenous peoples in Asia and Africa was problematic and Governments there should reflect on the realities of the situation. The Australian Government was urged to implement the recommendations of CERD to protect the rights of the aborigines.

MASOOMA ALI, of Afro-Asian Peoples Solidarity Organization, said the International Decade should make everyone sit up and think of the problems of the many indigenous peoples of the world. In India, many indigenous peoples faced problems. In the fast-paced process of development, vast sections of indigenous peoples were being left behind, causing a process of regression, frustration, and further regression -- a vicious circle.

The problems faced by the Kashmiri Pandit community, an indigenous community in the Indian state of Kashmir, was much more basic and tragic. The Pandits were threatened with extinction not because of environmental changes or socio-economic factors but because of the depredations of a vicious brand of religious fundamentalism that had uprooted them and had driven them out of their homeland. The Commission must take all measures to help this indigenous community in Kashmir.

VERENA GRAF, of International League for the Rights and Liberation of Peoples, said it was no secret that the problem of indigenous peoples were not limited to the countries where they lived, nor were they due solely to the conditions prevailing there. Centuries of discrimination had been instrumental in creating a paternalistic state of mind in the Western world which pretended to offer positive protective measures but which simultaneously denied vast majorities the possibility of expressing themselves and being listened to.

Thus the importance and urgency in setting up a permanent UN forum for indigenous peoples. There they would be given a chance to express their own views on centuries-old and deeply-ingrained problems, and to suggest solutions without being pressured or conditioned. Governments should not exert harmful paternalism or unduly manipulate the representation of their respective indigenous peoples.