COMMISSION ON HUMAN RIGHTS DECIDES TO APPOINT SPECIAL RAPPORTEUR ON RIGHTS OF INDIGENOUS PEOPLE

Commission on Human Rights
57th session
24 April 2001
Evening




Also Approves Resolutions on Minority Rights,
Migrant Workers, Internally Displaced Persons


The Commission on Human Rights decided this evening to appoint, for a three-year period, a Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.

The measure, among eleven adopted by consensus by the Commission at a meeting ending at 8:30 p.m., called, among other things, for the new Special Rapporteur to have the functions of gathering and exchanging information and communications from all relevant sources and formulating recommendations and proposals to prevent and remedy violations of the human rights and fundamental freedoms of indigenous people; and invited the Special Rapporteur to pay special attention to violations of the rights of indigenous children.

That and the other resolutions approved by the Commission fell under its agenda items on specific groups and individuals; indigenous issues; and the report of the Subcommission on the Promotion and Protection of Human Rights, the Commission’s principal subsidiary body.

In a measure on the rights of persons belonging to national or ethnic, religious and linguistic minorities, the Commission, among other things, called upon States to give special attention to the human rights of minority children, including girls; and called upon the Secretary-General to make available, at the request of Governments, qualified expertise on minority issues, including for the prevention and resolution of disputes.

In a resolution on the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Commission, among other things, expressed deep concern at growing manifestations of racism, xenophobia and other forms of discrimination and ill-treatment directed against such workers in different parts of the world, and urged countries of destination to prevent excessive use of force and to ensure that their police forces and competent migration authorities complied with basic standards relating to the decent treatment of such workers and their families.

In a further resolution on protection of migrants and their families, the Commission, among other things, requested all States firmly to prosecute cases of violation of labour law with regard to migrant workers’ conditions of work; and requested Governments to adopt concrete measures to prevent the violation of the human rights of migrants while in transit, including in ports and airports and at borders and migration checkpoints.

In a measure on internally displaced persons, the Commission called upon Governments to provide protection and assistance, including re-integration and development assistance, to internally displaced persons; and stressed the need to further strengthen inter-agency arrangements and the capacities of relevant United Nations agencies to meet the immense humanitarian challenge posed by internal displacement.

Other consensus measures were approved by the Commission related to the Working Group on Indigenous Populations of the Subcommission on the Promotion and Protection of Human Rights; on the Commission’s Working Group on a draft Declaration on the rights of indigenous people; on the working methods of the Subcommission; on publication of a report on systematic rape, sexual slavery and slavery-like practices; and on publication of a report on contemporary forms of slavery.

The Commission will reconvene at 10 a.m. on Wednesday, 25 April, to continue consideration of draft resolutions and decisions.

Action on resolutions and decisions concerning specific groups and individuals

In a resolution (E/CN.4/2001/L.71) on the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, adopted by consensus, the Commission expressed its deep concern at the growing manifestations of racism, xenophobia and other forms of discrimination and ill-treatment directed against such workers in different parts of the world; urged countries of destination to prevent excessive use of force and to ensure that their police forces and competent migration authorities complied with basic standards relating to the decent treatment of such workers and their families; welcomed the fact that some member States had signed or ratified or acceded to the Convention; called upon member States, in view of the celebration of the tenth anniversary of the adoption of the Convention and of the forthcoming World Conference against Racism, to consider the possibility of signing and ratifying or acceding to the Convention as a matter of priority, expressed the hope that this international instrument would enter into force at an early date; noted that only four ratifications or accessions were still needed for it to enter into force; and invited continuing and intensifying efforts to disseminate information on the Convention.

In a resolution (E/CN.4/2001/L.74) on internally displaced persons, adopted by consensus, the Commission commended the Representative of the Secretary-General on the topic for his efforts, among other things, to promote a comprehensive strategy that focused on prevention as well as better protection, assistance and development for such persons; noted with appreciation that an increasing number of States, United Nations agencies, and regional and non-governmental organizations were making use of the Guiding Principles developed by the Representative; welcomed the commitment of the Representative to pay more systematic and in-depth attention to women, children and other groups with specific needs among the internally displaced; thanked Governments which had invited the Representative to visit their countries and encouraged them to follow up on his recommendations; called upon all Governments to facilitate his work, in particular those Governments with situations of internal displacement which had not yet extended invitations or responded positively to requests for information from the Representative; called upon Governments to provide protection and assistance, including re-integration and development assistance, to internally displaced persons; stressed the importance of appropriate follow-up to the recommendations of the Representative; stressed the need to further strengthen inter-agency arrangements and the capacities of relevant United Nations agencies to meet the immense humanitarian challenge posed by internal displacement; welcomed the establishment of a global internally displaced persons database; welcomed initiatives undertaken by regional organizations; called upon the High Commissioner for Human Rights to develop projects with relevant partners to promote the human rights of internally displaced persons as part of the programme of advisory services and technical cooperation; and decided to extend the mandate of the Representative of the Secretary-General for three years.

In a resolution (E/CN.4/2001/L.75) on the rights of persons belonging to national or ethnic, religious and linguistic minorities, adopted by consensus, the Commission reaffirmed the obligation of States to ensure that persons belonging to such minorities could exercise fully and effectively all human rights without any discrimination and in full equality; urged States and the international community to promote and protect the rights of such minorities, including through adequate education and the facilitation of their participation in all aspects of life and in the economic and development progress of the country; called upon States to give special attention to the human rights of minority children, including girls; called upon the Secretary-General to make available, at the request of Governments, qualified expertise on minority issues, including the prevention and resolution of disputes; noted the holding of the first regional seminar of the working group on minorities of the Subcommission on the Promotion and Protection of Human Rights, on the topic of multiculturalism, in Africa, in Arusha, from 13 to 15 May 2000, and the follow-up meeting in Kidal, Mali; and welcomed the work of the Office of the High Commissioner for Human Rights on a manual containing an overview of relevant procedures and mechanisms of regional and international organizations.

In a resolution (E/CN.4/2001/L.90) on protection of migrants and their families, adopted by consensus, the Commission encouraged all States to consider in their immigration-regularization programmes the promotion and facilitation of the reunification of migrants and their families in an expeditious and effective manner; encouraged States of origin to promote and protect the human rights of those families of migrant workers which remained in countries of origin, paying particular attention to children and adolescents of parents who had emigrated; encouraged all Governments to remove unlawful obstacles that could prevent the safe, unrestricted and expeditious transfer of earnings, assets and pensions of migrants to their country of origin or to any other countries; requested all States firmly to prosecute cases of violation of labour law with regard to migrant workers’ conditions of work; requested Governments to adopt concrete measures to prevent the violation of the human rights of migrants while in transit, including in ports and airports and at borders and migration checkpoints, to train relevant public officials to treat migrant families respectfully and in accordance with the law, and to prosecute any act of violation of migrants’ human rights; and encouraged States of origin and of destination to consider the adoption of bilateral or regional strategies aimed at protecting such rights.


A Representative of India thanked the Commission for bringing up the important issue of migrants and their families. However, India wished to register its reservations about operative paragraph 2 under which States were called upon to protect the rights of migrants' family members who remained in their countries of origin. India thought that those who remained in their countries of origin were protected by the same rights as other citizens and, thus, India did not understand why this special category of persons had been created in the protection and promotion of human rights.

In a measure (decision 5) on systematic rape, sexual slavery and slavery-like practices, adopted by consensus, the Commission decided to request the Economic and Social Council to request the Secretary-General to publish, in all official languages, the report and updated report of the Special Rapporteur of the topic of the Subcommission for the Promotion and Protection of Human Rights.

In a measure (decision 10) on the report of the Working Group on contemporary forms of slavery, adopted by consensus, the Commission, noting that the report on slavery prepared by the Special Rapporteur of the Subcommission on the Promotion and Protection of Human Rights had last been updated in 1984, decided to request the Economic and Social Council to have the updated report submitted to the Subcommission at its 2000 session compiled, without financial implications, into a single report, printed in all official languages, and given the widest possible distribution.

In a resolution (E/CN.4/2001/L.63) on human rights and indigenous issues, adopted by consensus, the Commission decided to appoint, for a three-year period, a Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, with, among other things, the functions of gathering and exchanging information and communications from all relevant sources and formulating recommendations and proposals to prevent and remedy violations of such human rights and fundamental freedoms; invited the Special Rapporteur to pay special attention to violations of the rights of indigenous children; invited the Special Rapporteur to take into account all the recommendations of the working group on indigenous populations of the Subcommission on the Promotion and Protection of Human Rights; encouraged the World Conference against Racism to give special attention to discrimination against indigenous people; and requested all Governments to cooperate fully with the Special Rapporteur.

A Representative of Canada said his country was prepared to join consensus on resolution L.63 as it presented the international community with a new mechanism to deal with human rights and indigenous issues. There remained many issues to be addressed, foremost among which were issues of the consideration of candidates for the position of Special Rapporteur. Canada encouraged the Commission to find candidates with new, broad and fresh points of view on indigenous issues, and to consult with indigenous peoples. Also needing to be addressed were the details of the mandate of the Special Rapporteur, the Rapporteur's relationship to the Permanent Forum on Indigenous Issues, as well as other United Nations related forums, and the Rapporteur's position relevant to the negotiations on the Draft Declaration on the Rights of Indigenous Peoples. In the future, Canada would agree to a review of activities on the rights of indigenous peoples. The delegation of New Zealand had associated itself with this statement.


A Representative of the Russian Federation said Russia would not break consensus on the resolution. It was important to talk about indigenous peoples. Discussions of their levels of rights needed to be enhanced, and one way for that to happen was the establishment of a permanent forum on indigenous issues. However, the appointing of a Special Rapporteur was not something that the delegation considered timely.

A Representative of India, speaking on behalf of the Asian Group, said the Group gave great importance to the cause of indigenous people. The Group had participated in various fora dealing with these issues. A distinction between indigenous and non-indigenous peoples was highly possible, and coming up with that definition was important. If the question of the definition was left hazy, it could pose a problem for truly indigenous people. It was premature to name a Special Rapporteur for a number of reasons -- there were a number of bodies that already handled indigenous issues, including a permanent forum. The Special Rapporteur could duplicate those efforts. Further, the Working Group on the draft Declaration on the Rights of the Indigenous People was still working. The appointment of a Special Rapporteur would present serious problems because of a lack of understanding of which group fell within his mandate. In the absence of a clear understanding of who the beneficiaries were, the Asian Group felt that establishing a human rights mechanism could create confusion about scope and purpose. The delegation would have preferred more time, but would not stand in the way of consensus. It was hoped that the Special Rapporteur would take into account the spectrum of views on the definition of indigenous people.

In a resolution (E/CN.4/2001/L.73) on the Working Group on Indigenous Populations of the Subcommission on the Promotion and Protection of Human Rights and the International Decade of the World’s Indigenous People, adopted by consensus, the Commission noted that at its nineteenth session the Working Group would focus on the theme of “Indigenous peoples and their right to development, including their right to participate in development affecting them”; recommended that the Economic and Social Council authorize the Working Group to meet for five working days prior to the fifty-third session of the Subcommission; invited the Working Group to continue its consideration of the ways in which the expertise of indigenous people could contribute to the work of the Working Group; appealed to all Governments, organizations and individuals to consider contributing to the United Nations Voluntary Fund for Indigenous Populations; requested the High Commissioner to submit an updated report reviewing activities under the programme for the Decade; urged all parties concerned to intensify their efforts to achieve the goals of the Decade; appealed to all Governments, organizations and individuals to support the Decade by contributing to the Voluntary Fund for the Decade; encouraged Governments, as appropriate, to support the Decade by, among other things, seeking means of giving indigenous people greater responsibility for their own affairs and an effective voice in decisions on matters which affected them; encouraged Governments to consider contributing, as appropriate, to the Fund for the Development of Indigenous Peoples of Latin America and the Caribbean; requested the High Commissioner for Human Rights to ensure that the indigenous peoples’ unit at her Office was adequately staffed and resourced; invited the United Nations financial and development institutions, among other things, to give increased priority and resources to improving the conditions of indigenous people; and recommended that the situation of indigenous people be taken into account in forthcoming United Nations conferences of relevance.


In a resolution (E/CN.4/2001/L.76) on the Working Group to elaborate a draft declaration in accordance with paragraph 5 of General Assembly resolution 49/214 of 23 December 1994, adopted by consensus, the Commission welcomed the continuation and positive nature of the deliberations of the Working Group, particularly the measures taken to ensure effective input by organizations of indigenous people; welcomed the decisions of the Economic and Social Council approving the participation of organizations of indigenous people in the work of the Working Group and urged the Council to process all pending applications from such organizations as soon as possible; recommended that the Working Group meet for 10 working days prior to the fifty-eighth session of the Commission; invited the Chairperson-Rapporteur of the Working Group and all interested parties to conduct broad informal inter-sessional consultations with a view to facilitating progress in drafting a declaration on the rights of indigenous people at the next session of the Working Group; and requested the Working Group to submit a progress report to the Commission at its fifty-eighth session.

A Representative of the United States of America said, in an explanation of vote on the three resolutions just adopted, that the United States had decided to join consensus with the expectation that the Working Group on Indigenous Populations would consider, in its next session, how best to hand over its duties to the Permanent Forum. With the establishment of the Special Rapporteur, the imminent start of the Permanent Forum, and the continued work of the Working Group on the draft Declaration on the Rights of Indigenous People, the United States considered that the Working Group on Indigenous Populations had fulfilled its mandate. These new mechanisms needed to be in place and their contributions clearly understood prior to any evaluation by ECOSOC of the current proposal for an international conference. Australia wished to be associated with the statement of the United States.

In a consensus measure (Decision 7) on the Working Group on indigenous populations of the Subcommission on the Promotion and Protection of Human Rights, the Commission decided to recommend that the Economic and Social Council authorize the former Chairperson-Rapporteur of the Working Group, Erica-Irene A. Daes, to continue to participate in all meetings in preparation for the World Conference against Racism and in the World Conference itself, and to authorize the Chairperson-Rapporteur of the eighteenth session of the Working Group, Miguel Alfonso Martinez, to participate in the World Conference and in the preparatory meeting for the Latin American region.

In a resolution (E/CN.4/2001/L.100) on the work of the Subcommission on the Promotion and Protection of Human Rights, adopted by consensus, the Commission reaffirmed that the Subcommission could best assist the Commission by providing it with independent expert studies; recommendations based on and after full consideration of those studies; studies, and research and expert advice at the request of the Commission; reiterated that the Subcommission should continue to debate country situations not being dealt with in the Commission, as well as urgent matters involving serious violations of human rights in any country, and that its discussions should be reflected in the summary records of its debates; recommended that the Subcommission further improve its working methods by, among other things, giving particular attention to the selection of studies specifically recommended by the Commission and by focusing on how and when the implementation of existing standards could be improved, respecting strictly the highest standards of impartiality and expertise, and avoiding acts which would affect confidence in the independence of its members; giving full consideration to studies and working papers before sending them to the Commission; avoiding duplication of its work with that being carried out by other competent bodies and mechanisms; requested States, among other things, when nominating members and alternates to the Subcommission, to be conscious of the strong concern to ensure that the body was independent and was seen to be so; and when nominating candidates, to submit nominations at least two months in advance of the session at which they would be elected, so as to enable members of the Commission thoroughly to assess the qualifications and independence of the nominees.


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