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14 April 2000
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Commission on Human Rights
56th session
14 April 2000
Morning
United Nations High Commissioner for Human Rights Mary Robinson told the Commission on Human Rights this morning that the situation of human rights in Colombia remained grave and was deteriorating.
Mrs. Robinson's comments came during her presentation of a report on the human right situation in Colombia, in which she said that despite the efforts for peace, the human rights situation in that country had deteriorated significantly.
The deterioration had seen an increase in the number of allegations of extrajudicial executions -- many of those having taken the form of massacres -- the persistence of torture and enforced disappearances, and an increase in the number of death threats. The majority of these allegations had been attributed to paramilitary groups. The Office had also received complaints which charged members of the armed forces and police with responsibility for human rights violations. There was deep concern over the widespread impunity for those who had been involved in such human rights violations.
Mrs. Robinson said that the widespread practice of kidnapping by guerrilla groups had escalated, principally affecting civilians and a growing number of minors. The proliferation of attacks by guerrilla and paramilitary groups which indiscriminately affected the civilian population was a cause for serious concern.
The representative of Colombia said that Government had the political will to construct a climate of trust and advocated the necessity of humanizing the conflict in the country. International humanitarian law was an essential element to ensure the sustainability of the peace process and it was one of the fundamental premises established by the Colombian Government.
The Colombian delegate further said that the Government accorded priority to giving impetus to humanize the internal conflict with the ultimate goal of eliminating it completely. No insurgent group, no actor in an armed conflict could be considered exempt from the obligation of strictly abiding by the principles and norms of international humanitarian law whose application was a universal ethnical imperative the State and non-state actors.
Also this morning, the Commission continued to hear statements on indigenous issues from representatives of Government and non-governmental organizations who stressed the need for the promotion of development programmes designed to boost the rights of indigenous peoples. Many speakers focused on the work of the Working Groups on the drafting of the United Nations declaration on the rights of indigenous peoples and the establishment of the permanent forum these peoples. The Commission also continued debate on the organization of the work of the session.
Taking part in the debate on the organization of the work of the session were the representatives of the following countries: Colombia, Portugal (on behalf of the European Union) and Canada. Also speaking were representatives of the non-governmental organizations: Amnesty International, Franciscans International, Colombian Commission of Jurists, International Confederation of Free Trade Unions; Latin American Federation of Associations of Relatives of Disappeared Persons, Christian Aid, American Association of Jurists, Human rights Watch and International Federation Terre des Hommes.
The representatives of the following countries also took the floor to deliver statement on indigenous issues: Colombia, Canada, Chile, Ecuador, Peru, Mexico, Argentina and Venezuela. The representatives of the Grand Council of the Crees, International Federation of Rural Adult Catholic Movement, World Federation for Mental Health, Centre Europe-Tiers Monde and International Indian Treaty Council also spoke.
The representative of Colombia exercised it rights of reply.
The Commission will reconvene at 3 p.m. to continue its consideration of indigenous issues and the report of the Subcommission on the Promotion and Protection of Human Rights. The Commission is expected to hold an evening meeting until 9 p.m.
Statements
MARY ROBINSON, United Nations High Commissioner for Human Rights, presenting her report on Colombia, underlined that the situation in that country remained a grave one. In fact, according to the evidence gathered by colleagues in the Colombia Office, the situation was deteriorating. That was a sad and sobering comment to have to make, as she reflected back on her own visit to Bogota in October 1998. The challenges faced by the Colombian Government in seeking to re-establish peace in the face of insurrection, paramilitary activity, widespread lawlessness and drug trafficking, was a daunting one. She encouraged the Government of Colombia to strive for the restoration of peace with respect for human rights.
Mrs. Robinson said that during 1999, Colombia had persevered in its efforts for a political solution to the internal armed conflict, which had plagued the nation for many years. The Head of State had persisted in his efforts and had continued to show leadership and commitment in the search for peace. All parties to the conflict were strongly encouraged to re-double their efforts for the development of a comprehensive agreement based on respect for international human rights and humanitarian law, bearing in mind the critical role that such agreements had played in achieving peace in other regions of the world. Despite the efforts for peace, the human rights situation in Colombia had deteriorated significantly. That deterioration had seen a rise in the number of allegations of extrajudicial executions -- many of those having taken the form of massacres -- the persistence of torture and enforced disappearances, and an increase in the number of death threats. The majority of these allegations had been attributed to paramilitary groups. The Office had also received complaints which charged members of the armed forces and police with responsibility for human rights violations. There was deep concern over the widespread impunity for those who had been involved in such human rights violations.
Colombia had one of the largest population of displaced persons in the world, the High Commissioner continued. The magnitude and urgency of the problem had been recognized by the Commission and by the Government of Colombia. The measurers that had been adopted had not managed to prevent or reduce the phenomenon of displacement. Efforts to provide adequate protection and assistance to the internally displaced had also fallen short of needs. The widespread practice of kidnapping, known as hostage taking, by guerilla groups had escalated. That had principally affected civilians and a growing number of minors. The proliferation of attacks by guerilla and paramilitary groups which indiscriminately affected the civilian population was a cause for serious concern.
As far as the increasing number of human rights violations attributed to members of paramilitary groups was concerned, Mrs. Robinson urged the authorities to take stringent measures to put an end to that phenomenon, including the establishment of appropriate new bodies, and the arrest, trial and punishment of those who, by whatever means, participated in or supported paramilitary groups. She invited governments and the European Commission to renew, and if possible, increase their commitment of political and financial support to her Office in Colombia in order that it might effectively carry out the duties extended to it by the Commission on Human Rights.
CAMILO REYES RODRIGUEZ (Colombia), referring to the report of the High Commissioner for Human Rights on Colombia, said that the Government had had the political will to construct a climate of trust and had advocated the necessity of humanizing the conflict in the country. As noted by President Pastrana in the tenth Ministerial Meeting of the Non-Aligned Movement, international humanitarian law was an essential element to ensure the sustainability of the peace process. This was one of the fundamental premises established by the Colombian Government. The Government accorded priority to giving impetus to humanize the internal conflict with the ultimate goal of eliminating it completely. No insurgent group and no actor in an armed conflict could be considered exempt from the obligation of strictly abiding by the principles and norms of international humanitarian law whose application was a universal ethnical imperative for the State and non-state actors.
The armed confrontation had resulted in numerous human rights violations. The armed conflict had saturated the judiciary, generated impunity and encouraged a climate of distrust towards the administration of justice. The drug problem also had played a fatal role in the general situation of the country over the past years. With regard to self-defense groups, the Government's policy was to fight these groups with all the means at its disposal and to bring to justice public officials involved in their criminal activities.
Substantial progress had been achieved in the peace process, a policy to protect and promote human rights and international humanitarian law was being implemented. Colombia had actively participated in the adoption of the Optional Protocol to the Convention on the Rights of the Child. Colombia had began implementing the accord signed with the UNHCR aimed at assisting victims of armed conflict. The Ottawa Convention prohibiting the use of and stockpiling of landmines had also been signed. A national coordination centre had been created to fight self-defence groups. A plan of action had also been approved to prevent forced displacement and to assist victims.
ALVARO MENDONCA E MOURA (Portugal), speaking on behalf of the European Union and associated States, said the EU endorsed the recommendations contained in the report of the High Commissioner which also reflected a number of special procedures of the Commission, treaty bodies and the representatives of the Secretary-General on internally displaced persons. The EU would analyse the possibilities in the Plan for Colombia which was proposed by the Government of Colombia. The EU welcomed some significant initiatives taken by the authorities in the field of law, such as the reform of the penal military code. The new code should adhere to international standards and Colombian constitutional jurisprudence and it was hoped that it would be implemented shortly. The Colombian Government had to be supported in the peace talks with the guerrillas.
However, the Colombian Government should adopt without delay the law on enforced disappearances. The atrocities and gross violations practised by para-military groups were condemned. The authorities should undertake concrete judicial, administrative and other appropriate actions with regard to official bodies or individuals suspected of supporting and protecting paramilitary groups. All terrorism and grave abuses and violations of international humanitarian law, especially directed against civilians and in particular children, was condemned. The Government of Colombia was encouraged to strengthen its protection programme for human rights defenders and the witness protection programme.
KERRY BUCK (Canada) said that Colombia continued to be of grave concern to her Government in light of the serious and deteriorating human rights situation there. The single, most serious issue was the collaboration between some members of the armed forces and illegal paramilitaries. Also of deep concern were the major abuses of international humanitarian law committed by the illegal armed groups, notably kidnapping and the recruitment of minors. Canada was also concerned about the desperate plight faced by many human rights activists, union leaders and judges, and the Government was urged to implement adequate measures for their protection.
Canada was profoundly concerned by the ongoing displacement of Colombian civilians. Their displacement was not longer merely a by-product of the conflict but was in some instances used as a deliberate military tactic by combatants. The Government of Colombia, however, continued to bear the principal responsibility for the safety and well-being of its citizens.
ISABELLE SCHERER, of Amnesty International, said despite significant moves in recent months to advance peace talks between the Government and the principal armed opposition groups in Colombia, the armed conflict continued to escalate and to spread to new areas of the country. At least 3,000 people had been victims of politically motivated violence during 1999, and an estimated 25,000 people, mainly women and children, were forcibly displaced. The paramilitary groups were often working with the tacit or active support of the Colombian armed forces, which had also carried out disproportionate and indiscriminate attacks resulting in civilian loss of life. Human right defenders continued to be victims of harassment and attacks.
The Commission had to adopt a resolution on the human rights crisis in Colombia, urge the Colombian Government to implement UN recommendations, renew the mandate of the High Commissioner of Human Rights, strengthen the Office of the High Commissioner with the appointment of sufficient experts to effectively fulfil its mandate, and request the High Commissioner to submit her report to the General Assembly.
CAROUNA PARDO, of Franciscans International, said that the persistent violation of human rights in Colombia was a cause for alarm. In 1999, massacres, extra-judicial executions and forced disappearances had increased rather than decreased. An average of 12 people had become victims of socio-political violence every day. Sixty-nine trade unionists had been assassinated, 33 had disappeared and 676 had received death threats. According to the Ombudsman, 402 massacres had been committed, resulting in 1,836 victims. Forced displacements had also been on the rise in 1999, with an estimated 225,000 new displaced persons, raising the total number of internally displaced persons since 1985 to 1.7 million persons.
Displaced persons were not given sufficient attention. Their security, resettlement or return had not been guaranteed by the authorities. As noted by the High Commissioner for Human Rights in her report on Colombia, there was absence of strategy and institutional mechanisms to protect communities at risk of displacement and displaced persons. Further, the Secretary General's Representative on Internally Displaced Persons had indicated that paramilitary groups were mainly responsible for internal displacement and acted in collaboration with the armed forced and the police.
INES MARGARITA UPRIMNY, of the Colombian Commission of Jurists, said that the Colombian Government was not complying with recommendations made by the international community, including the human rights bodies. Allowing the setting up of the Office of the High Commissioner for Human Rights in Bogota did not improve the situation of human rights violations. The same recommendations had been repeated for the last ten years but the Government lacked the will to implement them. It had also continued to apply military justice for cases of civilian competence. The Government had been reluctant to take adequate measures to combat human rights violations and did not punish those who committed the acts. For the last 12 years, parliament had been debating a law which was designed to punish perpetrators of enforced disappearances. However, the Government had rejected it saying that the crimes should be judged by ordinary courts. The human rights crisis in which Colombia was living was a reality. The Commission should continue to urge the Government of Colombia to implement the recommendations of the international community.
ANNA BIONDI, of the International Confederation of the Free Trade Unions, said there was targeted violence against trade unionists in Colombia, and out of thousands of cases, only two seemed to have led to convictions. Even though the Colombian Government claimed that the situation was getting better, there was an assassination only last week which confirmed that trade unionists were still being attacked, assassinated, threatened, displaced and kidnapped with impunity. The Commission should take a clear and strong stand on the violation of human and trade union rights. The guilty should be punished and the independence of powers, particularly the judiciary, should be respected.
In 1998 the annual conference of the International Labour Office had approved a request of setting up a Commission of Inquiry, which would make recommendations to help the Government of Colombia to overcome the problems with regard to the freedom of association. Such a Commission would not be established seeking to impose sanctions but to secure reforms. Its advice would support efforts to overcome the internal armed conflict and the numerous social problems. The Government of Colombia should build a truly democratic country based on human rights and the members of the international community should condemn the present situation in the country by supporting the mechanisms of the Office of the High Commissioner for Human Rights and the appointment of a Commission of Inquiry at the ILO conference June 2000.
JANETTE BAUTISTA, of Federacion Lationo Americana de Asociaciones de Familiares de Detenidos Desaparecidos, said that his organization was seriously concerned about the continued deterioration in the human rights and humanitarian situation in Colombia, in particular the increase in forced disappearances. According to a report by the Ombudsman, enforced disappearances increased by the day, and had reached 350 cases last year. Despite the adoption of concrete measures by the international community aimed at establishing mechanisms to curb the grave violations of human rights in Colombia, the climate of widespread impunity continued, encouraging the perpetrators of violations to continue to commit more atrocities.
MADELINE CHRUCH, of Christian Aid, said that statistics could never adequately reflect the levels of human suffering, but gave a snapshot picture: in 1999, 288,000 people were forcibly evicted from their homes by armed actors, an estimated 176,000 of these were young people and children, 402 massacres were committed, with an average of seven massacres a week, and since 1996, 36 human rights defenders had been murdered. The physical, emotional and social costs were unimaginable. People were not displaced, but banished, evicted and forced to flee. The overwhelming majority of victims were civilians. All parties to the conflict routinely violated international humanitarian laws which prohibited any attack against civilians, including children. If peace in Colombia was to have any chance of success, it had to be built on respect for human rights and international humanitarian law. The continuing deterioration of the situation, as outlined in the High Commissioner's report, demanded an appropriate response from the Commission this session.
LUIS NARVAEZ, of the Association of American Jurists, said that human rights violations in Colombia were grave and continued to be of great concern. The activities of the paramilitary groups and the rebels had been the main causes of the human rights violations. On 7 January 1999, within the context of the deteriorating situation of the country, President Pastrana and the leader of the insurgency Fuerzas Armadas Revolucionarias de Colombia had inaugurated a round table dialogue. It had been hoped that new relations of coexistence would be put in place with the continued dialogue. In addition, the United States had allocated an assistance package worth $ 1.3 billion to the Colombian Government to combat drug trafficking with 80 per cent of it going to military assistance. It included the sale of sophisticated arms to track the rebels and to follow their movement.
JOANNA WESCHLER, of Human Rights Watch, said that in 1999 the Ombudsman in Colombia had recorded more than 400 massacres, the majority of which were committed by paramilitary groups operating with the tacit acquiescence of the Colombian army. As a result, more than 1.5 million Colombians had become displaced, double the number of Kosovars at the height of the Serb terror campaign. While the number of abuses directly attributed to members of the Colombian armed forces had fallen over the past years, the number and scale of abuses committed by paramilitary groups operating with the acquiescence or overt support of the army had increased sharply. The national police was directly involved in joint operations with the army and the perambulators. It had to be noted, however, that most of the violations committed by the police, unlike those committed by the army, had not gone unnoticed. Since 1994, 11,400 policemen involved in human rights abuses and other crimes had been dismissed and had been brought to justice.
MARIE-BELL WOLFE, of the International Federation Terre des Hommes, said that Colombian children made up 41.5 per cent of the population. Out of these, 6 million lived in poverty, 1 million in abject poverty, 30,000 were street children, 47 per cent of Colombian children were victims of abuse, almost 5,000 died every year due to violent attacks, and 2.5 million children were child labourers. Seventy per cent of the displaced people were minors and only 15 per cent of these children had access to education. There was concern at the effect of the armed conflict on the children. All sectors should respect children. The practice of systematic kidnapping was strongly condemned. The protection of the displaced population should be promoted. The Government of Colombia had not implemented the recommendations made for several years by the Commission and other United Nations bodies. The Committee on the Rights of the Child had commented on the lack of coordination in the implementation of the Convention on the Rights of the Child. Effective measures needed to be taken to protect Colombian children against violence, exploitation and abuse.
Right of Reply
The representative of Colombia, exercising his right of reply, said that he would like to reiterate that the self-defence groups operating in Colombia had no relationship at all with the Government.
Continuation of debate on indigenous issues
SARA SOUS-CASTANEDO (Guatemala) said that the Constitution of Guatemala established the obligation of the State to accord special protection to collective and communal lands. The Constitution also recognized the right of indigenous people to preserve their land administration system and obliged the State to give State-owned land to indigenous people who needed land for their development. The accord on the identity and rights of the indigenous populations signed in March 1995 as part of the peace agreements recognized the peoples of Maya, Garifuna and Xinca. The accord also recognized the multiethnic, multicultural and multilingual character of Guatemala. An Ombudsmen for indigenous women had recently been created under the accord. Finally, Guatemala highlighted the need for a Special Rapporteur on the human rights situation of indigenous populations.
WAYNE LORD (Canada) said that through the draft resolutions being considered this year, the Commission had the opportunity and the responsibility to affirm its leading role in the advancement of the interests of indigenous peoples. Canada would introduce a resolution authorizing the open-ended inter-sessional Working Group. Canada supported the adoption of a universal human rights instrument, a Declaration on the Rights of Indigenous Peoples, within the International Decade of the World's Indigenous Peoples. Canada was encouraged by the agreement of States to make additional efforts to work together to find common understanding, build consensus on the declaration and enter into a more open dialogue in plenary sessions with indigenous peoples' representatives. However, the delegation was mindful of the sessions passing by without more tangible, concrete progress in terms of elaboration of the draft declaration. If the goal was to adopt the draft declaration by the end of the Decade, the pace and continuity had to be increased. Canada would continue and intensify its consultative dialogue with Aboriginal leaders and officials in Canada.
Canada highlighted the call for States to support the two Voluntary Funds which performed the difficult task of deciding how to best maximize the benefits of the limited available funding and choosing between the many deserving projects submitted. The Commission had a historic opportunity to set a milestone by passing a resolution recommending that the Economic and Social Council establish a Permanent Forum for Indigenous Issues.
EDGARDO LIENLAF (Chile) said that with the return of democracy in Chile, the country had reaffirmed its commitment to the promotion, protection and observance of human rights and fundamental freedoms. Non-discrimination, ethnic cultural coexistence and concern for the issues which interested the indigenous peoples were key principles and values that reflected the work of successive democratic governments. In 1989, a former president signed with representatives of Chile's various ethnic groups an agreement, which marked the beginning of a new relationship with the Chilean nation's native peoples by replacing an assimilation approach by one based on multiethnic understanding.
The policy of participation and recognition of the special characteristics of the indigenous peoples was a priority concern of the Government of President Ricardo Lagos and for that reason Chile was particularly interested in the incorporation of indigenous peoples' issues in the United Nations system. In addition, the Indigenous Peoples Act of Chile recognized eight groups for social and legal purposes. One of the main problems of Chile's indigenous communities had been the loss of land, which had weakened their cultural and socio-productive roots.
CAMILO REYES RODRIGUEZ (Colombia) said that the Colombian Constitution established that exploitation of natural resources in indigenous territories should not be carried out to the detriment of the cultural, social and economic integrity of indigenous communities. In the light of the economic recession in the country, it was necessary to press ahead with exploration of natural oil resources. The Samore oil exploration project had been undertaken in the interest of the national economy, as it would make the country self-sufficient in crude oil. The Government had adopted a policy of dialogue with the Uwa community to ensure that the project did not negatively affect their cultural, social and economic integrity. The Government had also implemented the recommendations advanced by the Organization of American States and Harvard University and expanded the Uwa reservation from 60,000 to 220,000 hectares. The cultural, economic and social integrity of the 4,500 indigenous people living in the reservation was guaranteed.
LUIS GALLEGOS CHIRIBOGA (Ecuador) welcomed the reports presented to the Commission by the Chairman of the Working Group on Indigenous Peoples. The delegation of Ecuador wished there was more time to discuss the progress of the mandate of the Forum and its broad character. It had been noted that the lack of time and various omissions were due to the complexity of the issues. Nevertheless it was promising to see this level of agreement between States. Placing the Forum immediately below ECOSOC would allow the consideration of a number of human rights which were important to indigenous peoples. Various matters needed discussion and the delegation hoped the Commission would establish the channels and procedures in the Forum to allow the constructive exchange between experts and representatives of indigenous peoples.
States had an obligation to promote all indigenous peoples' rights, there should be a framework and standards under international law to guarantee these rights. The work of the Working Group on the Declaration of the Rights of Indigenous Peoples was commended. It was not an easy task, there was a great complexity in bringing together various legal systems to create an international catalogue of rights. It was a slow but important process and proper consideration should be given to the rights of indigenous peoples. The past year had left the Commission with proposals for a permanent forum in favour of human rights. This year would allow the Working Group to make progress on the Declaration of the Rights of Indigenous Peoples. Ecuador strongly supported the work of the Working Group.
GONZALO GUILLEN (Peru) said that Peruvian society was fundamentally pluri-cultural and multi-ethnic, comprising of various indigenous people. The Government of Peru had been pursuing a national policy which favoured its indigenous populations. Recently, the Congress had established a commission to evaluate the realization of the protection and promotion of the rights of indigenous populations. In addition, a law was under study to consolidate the protection and promotion of ancestral knowledge of the indigenous population, which was part of the self-identity of indigenous populations. The debate on the text of the law had included representative of the indigenous groups.
Peru had been among the first countries to ratify the International Labour Organization (ILO) Convention 169 on the protection of the rights of the indigenous populations. The Convention was an advanced form of protection for all indigenous communities wherever they might be. Regarding the discussion on the establishment of a permanent forum for the indigenous population, Peru was so far satisfied with the ongoing discussion. However, it doubted the appointment of experts by the indigenous parties themselves. It was essential that all indigenous communities should be represented. Concerning the debate in the Working Group on the draft declaration of the indigenous rights, Peru believed progress had been made so far.
AGUSTIN AVILA (Mexico) said that an initiative of constitutional reforms relating to indigenous cultures and rights was under consideration. Among other things, the initiative recognized the right of indigenous people to autonomy and self-determination, bilingual education, administration of justice based on indigenous normative systems and the participation of indigenous people in all governmental bodies. Meanwhile, over the past 18 months, 32 States with the largest indigenous populations had reformed their local institutions in line with the initiative.
Combatting poverty, especially of indigenous people, was a central goal for the Government. In this regard, enormous efforts had been undertaken in the past five years to eradicate extreme poverty in Chiapas where more than $ 6 billion dollars had been invested in health, education, food and land distribution. Special education, health and food programmes benefited indigenous families. Another area of priority was administration of justice and the fight against impunity. Courts with indigenous people had been set up in States with large concentration of indigenous populations and the National Human Rights Commission, the National Indigenous Institute and the General Prosecutor had special offices to secure indigenous populations had access to justice.
HERNAN PLORUTTI (Argentina) said one of the goals of the International Decade for Indigenous Peoples was the drafting of a Declaration on the Rights of Indigenous Peoples. In principle, the Argentine delegation supported the development of the Declaration. There were some issues which needed to be addressed with regard to the participation of indigenous peoples and the election of indigenous experts. It would be preferable if States were able to put forward candidates or at least be consulted in the choice of representation. This had not been discussed, yet Argentina was willing to accede to the consensus of the Forum. A Consultative Forum with a broad mandate had the possibility of being crystallized during this session. Argentina supported this development and the draft resolution by Denmark.
In Argentina there were 800,000 indigenous people belonging to 17 communities, constituting 1.5 per cent of the total population of the country. The Government was committed to the protection of indigenous peoples. Many legislative act had been reformed to address the issue of the rights of indigenous people’s participation in the society and respecting their values and way of life. There were several national institutions competent in indigenous matters. The main activities had be to stepping up the granting of scholarships for university studies, regulating land titles, granting land, strengthening the institutional framework for the development of the community, implementing housing and environmental improvement, simplifying steps for the legal personality of indigenous groups, and organizing social activities and meetings with representatives of indigenous groups. These activities were just a few examples of the genuine commitment of the Argentine Government to promote and protect the human rights of indigenous peoples.
ALFREDO MICHELENA (Venezuela) affirmed that Venezuela attached great importance and had been giving priority to the issue of indigenous peoples, both at the national and international levels. The new Government of President Hugo Chavez Frias had stressed the decision to develop concrete actions to guarantee and to promote the rights and the well-being of indigenous peoples through their participation in the decision-making process of the nation. For the first time in the history of Venezuela, the rights of the indigenous peoples had been incorporated in the country's reformed Constitution. The indigenous people were also presented in the National Constituent Assembly through their deputies elected by them. That situation had given rise to addition of a special provision in the Constitution recognizing the rights of the indigenous peoples.
The new Venezuelan Constitution had also incorporated a number of indigenous rights such as the right to ancestral land and traditional occupation; the right to natural resources; and recognition of indigenous medicine, among other things. In its preamble, the Constitution had also recognized the pluri-cultural and multi-ethnic society of Venezuela. At the international level, Venezuela played an active role in the United Nations fora in promoting the rights of indigenous peoples.
TED MOSES, of the Grand Council of the Crees, said it was most appropriate that the International Decade of the World's Indigenous Peoples should have as a concrete accomplishment the creation of a permanent body in the United Nations that could knowledgeably address the issues of indigenous peoples and thus begin to address issues that had never been properly addressed by the world community, including the human rights of the indigenous peoples. All the States of the Western Hemisphere were situated on indigenous lands. The traditional knowledge of the indigenous peoples - almost never acknowledged -formed the basis of a large part of the pharmaceutical industry today. The Permanent Forum would considerably broaden the UN's appreciation of indigenous issues to include economic development, environment, education, traditional knowledge and other matters.
PIERRE MIOT, of the International Federation of Rural Adult Catholics, said that the appropriation of traditional wisdom by transnational companies was dishonest. This practice sometimes involved the confiscation of living materials, particularly in Latin America, Africa and Asia in regions of environmental biodiversity. According to the law, only inventions could be given patents. As often noted by indigenous leaders, no one could claim for themselves what already existed in nature. African indigenous groups had taken the initiative to declare opposition to the patenting of living organism. This battle was difficult to fight due to the intellectual property rights and appropriation by agro-industrial firms or pharmaceuticals. It was necessary to remember four points, the importance of the Convention on biological biodiversity, that WIPO should protect the know how of indigenous peoples, to have the prior consent of indigenous people and provide for equitable division of benefits, and the conformity of national legislation to avoid transnational companies taking advantage of legal loopholes. The genetic world heritage was not subject to trade.
WILDA SPALDING, of the World Federation for Mental Health, thanked the Commission for its serious attention given to the negative psychological implications of forced relocation and encouraged that even greater steps be taken with real urgency to support the requests of traditional peoples in that respect, a case in point being that of the Dineh people. Appreciative that the Commission initiated the important visit of the Special Rapporteur on religious tolerance to Big Mountain, one was concerned that other immediate steps needed to be taken towards averting what had blatant negative health impacts on the Dineh traditional peoples in their stand to maintain physical and spiritual integrity on their traditional lands.
MALIK OZDEN, of Centre Europe-Tiers Monde, said that it accorded particular attention to human rights violations resulting from projects of transnational corporations. In this respect, indigenous peoples constituted a particularly vulnerable sector of society threatened by large-scale projects to exploit natural resources. Two situations involving the violations of the fundamental rights of indigenous populations in Colombia were highlighted. The first concerned the Uwa people whose ancestral land was threatened by an authorization for oil exploration accorded to the North American company OXY without their being consulted on the matter. Although the Uwa had recently won the case, their territorial integrity remained extremely precarious. The second situation concerned the Embera Katio people whose lives, culture and territorial integrity were jeopardized by the construction of a hydroelectric dam on their territory without their consent.
BILL SIMMONS, of the International Indian Treaty Council, speaking on behalf of Indigenous World and the Society for Threatened Peoples, recognized the growing number of States examining their initial position on the matter of indigenous peoples and supported the use of the term indigenous peoples with no qualification in the Declaration. The groundless opposition of a handful of States to this most fundamental principle of the Declaration was the primary impediment to more rapid progress in the adoption of the draft declaration. The method of selection of the members of the Permanent Forum was also a source for concern. If the manner of selection was not clarified, the Forum would not have the credibility it would require with precisely those indigenous representatives who would be most intimately involved in its credibility and success.
The situation of the Dineh people in the United States was a source for concern. They were continually suffering due to the forced relocation policy set into law by the United States Government through a so-called 'Navajo-Hopi land dispute'. The Special Rapporteur was asked to examine the full extent of human rights suffering. Even the ceremonial rights to bury in a traditional way had been forbidden by the US Government. It was clear that many Governments were not responsive to appeals by the international community and the United Nations. The Governments had to be continuously monitored on their compliance with their international human rights obligations.
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56th session
14 April 2000
Morning
United Nations High Commissioner for Human Rights Mary Robinson told the Commission on Human Rights this morning that the situation of human rights in Colombia remained grave and was deteriorating.
Mrs. Robinson's comments came during her presentation of a report on the human right situation in Colombia, in which she said that despite the efforts for peace, the human rights situation in that country had deteriorated significantly.
The deterioration had seen an increase in the number of allegations of extrajudicial executions -- many of those having taken the form of massacres -- the persistence of torture and enforced disappearances, and an increase in the number of death threats. The majority of these allegations had been attributed to paramilitary groups. The Office had also received complaints which charged members of the armed forces and police with responsibility for human rights violations. There was deep concern over the widespread impunity for those who had been involved in such human rights violations.
Mrs. Robinson said that the widespread practice of kidnapping by guerrilla groups had escalated, principally affecting civilians and a growing number of minors. The proliferation of attacks by guerrilla and paramilitary groups which indiscriminately affected the civilian population was a cause for serious concern.
The representative of Colombia said that Government had the political will to construct a climate of trust and advocated the necessity of humanizing the conflict in the country. International humanitarian law was an essential element to ensure the sustainability of the peace process and it was one of the fundamental premises established by the Colombian Government.
The Colombian delegate further said that the Government accorded priority to giving impetus to humanize the internal conflict with the ultimate goal of eliminating it completely. No insurgent group, no actor in an armed conflict could be considered exempt from the obligation of strictly abiding by the principles and norms of international humanitarian law whose application was a universal ethnical imperative the State and non-state actors.
Also this morning, the Commission continued to hear statements on indigenous issues from representatives of Government and non-governmental organizations who stressed the need for the promotion of development programmes designed to boost the rights of indigenous peoples. Many speakers focused on the work of the Working Groups on the drafting of the United Nations declaration on the rights of indigenous peoples and the establishment of the permanent forum these peoples. The Commission also continued debate on the organization of the work of the session.
Taking part in the debate on the organization of the work of the session were the representatives of the following countries: Colombia, Portugal (on behalf of the European Union) and Canada. Also speaking were representatives of the non-governmental organizations: Amnesty International, Franciscans International, Colombian Commission of Jurists, International Confederation of Free Trade Unions; Latin American Federation of Associations of Relatives of Disappeared Persons, Christian Aid, American Association of Jurists, Human rights Watch and International Federation Terre des Hommes.
The representatives of the following countries also took the floor to deliver statement on indigenous issues: Colombia, Canada, Chile, Ecuador, Peru, Mexico, Argentina and Venezuela. The representatives of the Grand Council of the Crees, International Federation of Rural Adult Catholic Movement, World Federation for Mental Health, Centre Europe-Tiers Monde and International Indian Treaty Council also spoke.
The representative of Colombia exercised it rights of reply.
The Commission will reconvene at 3 p.m. to continue its consideration of indigenous issues and the report of the Subcommission on the Promotion and Protection of Human Rights. The Commission is expected to hold an evening meeting until 9 p.m.
Statements
MARY ROBINSON, United Nations High Commissioner for Human Rights, presenting her report on Colombia, underlined that the situation in that country remained a grave one. In fact, according to the evidence gathered by colleagues in the Colombia Office, the situation was deteriorating. That was a sad and sobering comment to have to make, as she reflected back on her own visit to Bogota in October 1998. The challenges faced by the Colombian Government in seeking to re-establish peace in the face of insurrection, paramilitary activity, widespread lawlessness and drug trafficking, was a daunting one. She encouraged the Government of Colombia to strive for the restoration of peace with respect for human rights.
Mrs. Robinson said that during 1999, Colombia had persevered in its efforts for a political solution to the internal armed conflict, which had plagued the nation for many years. The Head of State had persisted in his efforts and had continued to show leadership and commitment in the search for peace. All parties to the conflict were strongly encouraged to re-double their efforts for the development of a comprehensive agreement based on respect for international human rights and humanitarian law, bearing in mind the critical role that such agreements had played in achieving peace in other regions of the world. Despite the efforts for peace, the human rights situation in Colombia had deteriorated significantly. That deterioration had seen a rise in the number of allegations of extrajudicial executions -- many of those having taken the form of massacres -- the persistence of torture and enforced disappearances, and an increase in the number of death threats. The majority of these allegations had been attributed to paramilitary groups. The Office had also received complaints which charged members of the armed forces and police with responsibility for human rights violations. There was deep concern over the widespread impunity for those who had been involved in such human rights violations.
Colombia had one of the largest population of displaced persons in the world, the High Commissioner continued. The magnitude and urgency of the problem had been recognized by the Commission and by the Government of Colombia. The measurers that had been adopted had not managed to prevent or reduce the phenomenon of displacement. Efforts to provide adequate protection and assistance to the internally displaced had also fallen short of needs. The widespread practice of kidnapping, known as hostage taking, by guerilla groups had escalated. That had principally affected civilians and a growing number of minors. The proliferation of attacks by guerilla and paramilitary groups which indiscriminately affected the civilian population was a cause for serious concern.
As far as the increasing number of human rights violations attributed to members of paramilitary groups was concerned, Mrs. Robinson urged the authorities to take stringent measures to put an end to that phenomenon, including the establishment of appropriate new bodies, and the arrest, trial and punishment of those who, by whatever means, participated in or supported paramilitary groups. She invited governments and the European Commission to renew, and if possible, increase their commitment of political and financial support to her Office in Colombia in order that it might effectively carry out the duties extended to it by the Commission on Human Rights.
CAMILO REYES RODRIGUEZ (Colombia), referring to the report of the High Commissioner for Human Rights on Colombia, said that the Government had had the political will to construct a climate of trust and had advocated the necessity of humanizing the conflict in the country. As noted by President Pastrana in the tenth Ministerial Meeting of the Non-Aligned Movement, international humanitarian law was an essential element to ensure the sustainability of the peace process. This was one of the fundamental premises established by the Colombian Government. The Government accorded priority to giving impetus to humanize the internal conflict with the ultimate goal of eliminating it completely. No insurgent group and no actor in an armed conflict could be considered exempt from the obligation of strictly abiding by the principles and norms of international humanitarian law whose application was a universal ethnical imperative for the State and non-state actors.
The armed confrontation had resulted in numerous human rights violations. The armed conflict had saturated the judiciary, generated impunity and encouraged a climate of distrust towards the administration of justice. The drug problem also had played a fatal role in the general situation of the country over the past years. With regard to self-defense groups, the Government's policy was to fight these groups with all the means at its disposal and to bring to justice public officials involved in their criminal activities.
Substantial progress had been achieved in the peace process, a policy to protect and promote human rights and international humanitarian law was being implemented. Colombia had actively participated in the adoption of the Optional Protocol to the Convention on the Rights of the Child. Colombia had began implementing the accord signed with the UNHCR aimed at assisting victims of armed conflict. The Ottawa Convention prohibiting the use of and stockpiling of landmines had also been signed. A national coordination centre had been created to fight self-defence groups. A plan of action had also been approved to prevent forced displacement and to assist victims.
ALVARO MENDONCA E MOURA (Portugal), speaking on behalf of the European Union and associated States, said the EU endorsed the recommendations contained in the report of the High Commissioner which also reflected a number of special procedures of the Commission, treaty bodies and the representatives of the Secretary-General on internally displaced persons. The EU would analyse the possibilities in the Plan for Colombia which was proposed by the Government of Colombia. The EU welcomed some significant initiatives taken by the authorities in the field of law, such as the reform of the penal military code. The new code should adhere to international standards and Colombian constitutional jurisprudence and it was hoped that it would be implemented shortly. The Colombian Government had to be supported in the peace talks with the guerrillas.
However, the Colombian Government should adopt without delay the law on enforced disappearances. The atrocities and gross violations practised by para-military groups were condemned. The authorities should undertake concrete judicial, administrative and other appropriate actions with regard to official bodies or individuals suspected of supporting and protecting paramilitary groups. All terrorism and grave abuses and violations of international humanitarian law, especially directed against civilians and in particular children, was condemned. The Government of Colombia was encouraged to strengthen its protection programme for human rights defenders and the witness protection programme.
KERRY BUCK (Canada) said that Colombia continued to be of grave concern to her Government in light of the serious and deteriorating human rights situation there. The single, most serious issue was the collaboration between some members of the armed forces and illegal paramilitaries. Also of deep concern were the major abuses of international humanitarian law committed by the illegal armed groups, notably kidnapping and the recruitment of minors. Canada was also concerned about the desperate plight faced by many human rights activists, union leaders and judges, and the Government was urged to implement adequate measures for their protection.
Canada was profoundly concerned by the ongoing displacement of Colombian civilians. Their displacement was not longer merely a by-product of the conflict but was in some instances used as a deliberate military tactic by combatants. The Government of Colombia, however, continued to bear the principal responsibility for the safety and well-being of its citizens.
ISABELLE SCHERER, of Amnesty International, said despite significant moves in recent months to advance peace talks between the Government and the principal armed opposition groups in Colombia, the armed conflict continued to escalate and to spread to new areas of the country. At least 3,000 people had been victims of politically motivated violence during 1999, and an estimated 25,000 people, mainly women and children, were forcibly displaced. The paramilitary groups were often working with the tacit or active support of the Colombian armed forces, which had also carried out disproportionate and indiscriminate attacks resulting in civilian loss of life. Human right defenders continued to be victims of harassment and attacks.
The Commission had to adopt a resolution on the human rights crisis in Colombia, urge the Colombian Government to implement UN recommendations, renew the mandate of the High Commissioner of Human Rights, strengthen the Office of the High Commissioner with the appointment of sufficient experts to effectively fulfil its mandate, and request the High Commissioner to submit her report to the General Assembly.
CAROUNA PARDO, of Franciscans International, said that the persistent violation of human rights in Colombia was a cause for alarm. In 1999, massacres, extra-judicial executions and forced disappearances had increased rather than decreased. An average of 12 people had become victims of socio-political violence every day. Sixty-nine trade unionists had been assassinated, 33 had disappeared and 676 had received death threats. According to the Ombudsman, 402 massacres had been committed, resulting in 1,836 victims. Forced displacements had also been on the rise in 1999, with an estimated 225,000 new displaced persons, raising the total number of internally displaced persons since 1985 to 1.7 million persons.
Displaced persons were not given sufficient attention. Their security, resettlement or return had not been guaranteed by the authorities. As noted by the High Commissioner for Human Rights in her report on Colombia, there was absence of strategy and institutional mechanisms to protect communities at risk of displacement and displaced persons. Further, the Secretary General's Representative on Internally Displaced Persons had indicated that paramilitary groups were mainly responsible for internal displacement and acted in collaboration with the armed forced and the police.
INES MARGARITA UPRIMNY, of the Colombian Commission of Jurists, said that the Colombian Government was not complying with recommendations made by the international community, including the human rights bodies. Allowing the setting up of the Office of the High Commissioner for Human Rights in Bogota did not improve the situation of human rights violations. The same recommendations had been repeated for the last ten years but the Government lacked the will to implement them. It had also continued to apply military justice for cases of civilian competence. The Government had been reluctant to take adequate measures to combat human rights violations and did not punish those who committed the acts. For the last 12 years, parliament had been debating a law which was designed to punish perpetrators of enforced disappearances. However, the Government had rejected it saying that the crimes should be judged by ordinary courts. The human rights crisis in which Colombia was living was a reality. The Commission should continue to urge the Government of Colombia to implement the recommendations of the international community.
ANNA BIONDI, of the International Confederation of the Free Trade Unions, said there was targeted violence against trade unionists in Colombia, and out of thousands of cases, only two seemed to have led to convictions. Even though the Colombian Government claimed that the situation was getting better, there was an assassination only last week which confirmed that trade unionists were still being attacked, assassinated, threatened, displaced and kidnapped with impunity. The Commission should take a clear and strong stand on the violation of human and trade union rights. The guilty should be punished and the independence of powers, particularly the judiciary, should be respected.
In 1998 the annual conference of the International Labour Office had approved a request of setting up a Commission of Inquiry, which would make recommendations to help the Government of Colombia to overcome the problems with regard to the freedom of association. Such a Commission would not be established seeking to impose sanctions but to secure reforms. Its advice would support efforts to overcome the internal armed conflict and the numerous social problems. The Government of Colombia should build a truly democratic country based on human rights and the members of the international community should condemn the present situation in the country by supporting the mechanisms of the Office of the High Commissioner for Human Rights and the appointment of a Commission of Inquiry at the ILO conference June 2000.
JANETTE BAUTISTA, of Federacion Lationo Americana de Asociaciones de Familiares de Detenidos Desaparecidos, said that his organization was seriously concerned about the continued deterioration in the human rights and humanitarian situation in Colombia, in particular the increase in forced disappearances. According to a report by the Ombudsman, enforced disappearances increased by the day, and had reached 350 cases last year. Despite the adoption of concrete measures by the international community aimed at establishing mechanisms to curb the grave violations of human rights in Colombia, the climate of widespread impunity continued, encouraging the perpetrators of violations to continue to commit more atrocities.
MADELINE CHRUCH, of Christian Aid, said that statistics could never adequately reflect the levels of human suffering, but gave a snapshot picture: in 1999, 288,000 people were forcibly evicted from their homes by armed actors, an estimated 176,000 of these were young people and children, 402 massacres were committed, with an average of seven massacres a week, and since 1996, 36 human rights defenders had been murdered. The physical, emotional and social costs were unimaginable. People were not displaced, but banished, evicted and forced to flee. The overwhelming majority of victims were civilians. All parties to the conflict routinely violated international humanitarian laws which prohibited any attack against civilians, including children. If peace in Colombia was to have any chance of success, it had to be built on respect for human rights and international humanitarian law. The continuing deterioration of the situation, as outlined in the High Commissioner's report, demanded an appropriate response from the Commission this session.
LUIS NARVAEZ, of the Association of American Jurists, said that human rights violations in Colombia were grave and continued to be of great concern. The activities of the paramilitary groups and the rebels had been the main causes of the human rights violations. On 7 January 1999, within the context of the deteriorating situation of the country, President Pastrana and the leader of the insurgency Fuerzas Armadas Revolucionarias de Colombia had inaugurated a round table dialogue. It had been hoped that new relations of coexistence would be put in place with the continued dialogue. In addition, the United States had allocated an assistance package worth $ 1.3 billion to the Colombian Government to combat drug trafficking with 80 per cent of it going to military assistance. It included the sale of sophisticated arms to track the rebels and to follow their movement.
JOANNA WESCHLER, of Human Rights Watch, said that in 1999 the Ombudsman in Colombia had recorded more than 400 massacres, the majority of which were committed by paramilitary groups operating with the tacit acquiescence of the Colombian army. As a result, more than 1.5 million Colombians had become displaced, double the number of Kosovars at the height of the Serb terror campaign. While the number of abuses directly attributed to members of the Colombian armed forces had fallen over the past years, the number and scale of abuses committed by paramilitary groups operating with the acquiescence or overt support of the army had increased sharply. The national police was directly involved in joint operations with the army and the perambulators. It had to be noted, however, that most of the violations committed by the police, unlike those committed by the army, had not gone unnoticed. Since 1994, 11,400 policemen involved in human rights abuses and other crimes had been dismissed and had been brought to justice.
MARIE-BELL WOLFE, of the International Federation Terre des Hommes, said that Colombian children made up 41.5 per cent of the population. Out of these, 6 million lived in poverty, 1 million in abject poverty, 30,000 were street children, 47 per cent of Colombian children were victims of abuse, almost 5,000 died every year due to violent attacks, and 2.5 million children were child labourers. Seventy per cent of the displaced people were minors and only 15 per cent of these children had access to education. There was concern at the effect of the armed conflict on the children. All sectors should respect children. The practice of systematic kidnapping was strongly condemned. The protection of the displaced population should be promoted. The Government of Colombia had not implemented the recommendations made for several years by the Commission and other United Nations bodies. The Committee on the Rights of the Child had commented on the lack of coordination in the implementation of the Convention on the Rights of the Child. Effective measures needed to be taken to protect Colombian children against violence, exploitation and abuse.
Right of Reply
The representative of Colombia, exercising his right of reply, said that he would like to reiterate that the self-defence groups operating in Colombia had no relationship at all with the Government.
Continuation of debate on indigenous issues
SARA SOUS-CASTANEDO (Guatemala) said that the Constitution of Guatemala established the obligation of the State to accord special protection to collective and communal lands. The Constitution also recognized the right of indigenous people to preserve their land administration system and obliged the State to give State-owned land to indigenous people who needed land for their development. The accord on the identity and rights of the indigenous populations signed in March 1995 as part of the peace agreements recognized the peoples of Maya, Garifuna and Xinca. The accord also recognized the multiethnic, multicultural and multilingual character of Guatemala. An Ombudsmen for indigenous women had recently been created under the accord. Finally, Guatemala highlighted the need for a Special Rapporteur on the human rights situation of indigenous populations.
WAYNE LORD (Canada) said that through the draft resolutions being considered this year, the Commission had the opportunity and the responsibility to affirm its leading role in the advancement of the interests of indigenous peoples. Canada would introduce a resolution authorizing the open-ended inter-sessional Working Group. Canada supported the adoption of a universal human rights instrument, a Declaration on the Rights of Indigenous Peoples, within the International Decade of the World's Indigenous Peoples. Canada was encouraged by the agreement of States to make additional efforts to work together to find common understanding, build consensus on the declaration and enter into a more open dialogue in plenary sessions with indigenous peoples' representatives. However, the delegation was mindful of the sessions passing by without more tangible, concrete progress in terms of elaboration of the draft declaration. If the goal was to adopt the draft declaration by the end of the Decade, the pace and continuity had to be increased. Canada would continue and intensify its consultative dialogue with Aboriginal leaders and officials in Canada.
Canada highlighted the call for States to support the two Voluntary Funds which performed the difficult task of deciding how to best maximize the benefits of the limited available funding and choosing between the many deserving projects submitted. The Commission had a historic opportunity to set a milestone by passing a resolution recommending that the Economic and Social Council establish a Permanent Forum for Indigenous Issues.
EDGARDO LIENLAF (Chile) said that with the return of democracy in Chile, the country had reaffirmed its commitment to the promotion, protection and observance of human rights and fundamental freedoms. Non-discrimination, ethnic cultural coexistence and concern for the issues which interested the indigenous peoples were key principles and values that reflected the work of successive democratic governments. In 1989, a former president signed with representatives of Chile's various ethnic groups an agreement, which marked the beginning of a new relationship with the Chilean nation's native peoples by replacing an assimilation approach by one based on multiethnic understanding.
The policy of participation and recognition of the special characteristics of the indigenous peoples was a priority concern of the Government of President Ricardo Lagos and for that reason Chile was particularly interested in the incorporation of indigenous peoples' issues in the United Nations system. In addition, the Indigenous Peoples Act of Chile recognized eight groups for social and legal purposes. One of the main problems of Chile's indigenous communities had been the loss of land, which had weakened their cultural and socio-productive roots.
CAMILO REYES RODRIGUEZ (Colombia) said that the Colombian Constitution established that exploitation of natural resources in indigenous territories should not be carried out to the detriment of the cultural, social and economic integrity of indigenous communities. In the light of the economic recession in the country, it was necessary to press ahead with exploration of natural oil resources. The Samore oil exploration project had been undertaken in the interest of the national economy, as it would make the country self-sufficient in crude oil. The Government had adopted a policy of dialogue with the Uwa community to ensure that the project did not negatively affect their cultural, social and economic integrity. The Government had also implemented the recommendations advanced by the Organization of American States and Harvard University and expanded the Uwa reservation from 60,000 to 220,000 hectares. The cultural, economic and social integrity of the 4,500 indigenous people living in the reservation was guaranteed.
LUIS GALLEGOS CHIRIBOGA (Ecuador) welcomed the reports presented to the Commission by the Chairman of the Working Group on Indigenous Peoples. The delegation of Ecuador wished there was more time to discuss the progress of the mandate of the Forum and its broad character. It had been noted that the lack of time and various omissions were due to the complexity of the issues. Nevertheless it was promising to see this level of agreement between States. Placing the Forum immediately below ECOSOC would allow the consideration of a number of human rights which were important to indigenous peoples. Various matters needed discussion and the delegation hoped the Commission would establish the channels and procedures in the Forum to allow the constructive exchange between experts and representatives of indigenous peoples.
States had an obligation to promote all indigenous peoples' rights, there should be a framework and standards under international law to guarantee these rights. The work of the Working Group on the Declaration of the Rights of Indigenous Peoples was commended. It was not an easy task, there was a great complexity in bringing together various legal systems to create an international catalogue of rights. It was a slow but important process and proper consideration should be given to the rights of indigenous peoples. The past year had left the Commission with proposals for a permanent forum in favour of human rights. This year would allow the Working Group to make progress on the Declaration of the Rights of Indigenous Peoples. Ecuador strongly supported the work of the Working Group.
GONZALO GUILLEN (Peru) said that Peruvian society was fundamentally pluri-cultural and multi-ethnic, comprising of various indigenous people. The Government of Peru had been pursuing a national policy which favoured its indigenous populations. Recently, the Congress had established a commission to evaluate the realization of the protection and promotion of the rights of indigenous populations. In addition, a law was under study to consolidate the protection and promotion of ancestral knowledge of the indigenous population, which was part of the self-identity of indigenous populations. The debate on the text of the law had included representative of the indigenous groups.
Peru had been among the first countries to ratify the International Labour Organization (ILO) Convention 169 on the protection of the rights of the indigenous populations. The Convention was an advanced form of protection for all indigenous communities wherever they might be. Regarding the discussion on the establishment of a permanent forum for the indigenous population, Peru was so far satisfied with the ongoing discussion. However, it doubted the appointment of experts by the indigenous parties themselves. It was essential that all indigenous communities should be represented. Concerning the debate in the Working Group on the draft declaration of the indigenous rights, Peru believed progress had been made so far.
AGUSTIN AVILA (Mexico) said that an initiative of constitutional reforms relating to indigenous cultures and rights was under consideration. Among other things, the initiative recognized the right of indigenous people to autonomy and self-determination, bilingual education, administration of justice based on indigenous normative systems and the participation of indigenous people in all governmental bodies. Meanwhile, over the past 18 months, 32 States with the largest indigenous populations had reformed their local institutions in line with the initiative.
Combatting poverty, especially of indigenous people, was a central goal for the Government. In this regard, enormous efforts had been undertaken in the past five years to eradicate extreme poverty in Chiapas where more than $ 6 billion dollars had been invested in health, education, food and land distribution. Special education, health and food programmes benefited indigenous families. Another area of priority was administration of justice and the fight against impunity. Courts with indigenous people had been set up in States with large concentration of indigenous populations and the National Human Rights Commission, the National Indigenous Institute and the General Prosecutor had special offices to secure indigenous populations had access to justice.
HERNAN PLORUTTI (Argentina) said one of the goals of the International Decade for Indigenous Peoples was the drafting of a Declaration on the Rights of Indigenous Peoples. In principle, the Argentine delegation supported the development of the Declaration. There were some issues which needed to be addressed with regard to the participation of indigenous peoples and the election of indigenous experts. It would be preferable if States were able to put forward candidates or at least be consulted in the choice of representation. This had not been discussed, yet Argentina was willing to accede to the consensus of the Forum. A Consultative Forum with a broad mandate had the possibility of being crystallized during this session. Argentina supported this development and the draft resolution by Denmark.
In Argentina there were 800,000 indigenous people belonging to 17 communities, constituting 1.5 per cent of the total population of the country. The Government was committed to the protection of indigenous peoples. Many legislative act had been reformed to address the issue of the rights of indigenous people’s participation in the society and respecting their values and way of life. There were several national institutions competent in indigenous matters. The main activities had be to stepping up the granting of scholarships for university studies, regulating land titles, granting land, strengthening the institutional framework for the development of the community, implementing housing and environmental improvement, simplifying steps for the legal personality of indigenous groups, and organizing social activities and meetings with representatives of indigenous groups. These activities were just a few examples of the genuine commitment of the Argentine Government to promote and protect the human rights of indigenous peoples.
ALFREDO MICHELENA (Venezuela) affirmed that Venezuela attached great importance and had been giving priority to the issue of indigenous peoples, both at the national and international levels. The new Government of President Hugo Chavez Frias had stressed the decision to develop concrete actions to guarantee and to promote the rights and the well-being of indigenous peoples through their participation in the decision-making process of the nation. For the first time in the history of Venezuela, the rights of the indigenous peoples had been incorporated in the country's reformed Constitution. The indigenous people were also presented in the National Constituent Assembly through their deputies elected by them. That situation had given rise to addition of a special provision in the Constitution recognizing the rights of the indigenous peoples.
The new Venezuelan Constitution had also incorporated a number of indigenous rights such as the right to ancestral land and traditional occupation; the right to natural resources; and recognition of indigenous medicine, among other things. In its preamble, the Constitution had also recognized the pluri-cultural and multi-ethnic society of Venezuela. At the international level, Venezuela played an active role in the United Nations fora in promoting the rights of indigenous peoples.
TED MOSES, of the Grand Council of the Crees, said it was most appropriate that the International Decade of the World's Indigenous Peoples should have as a concrete accomplishment the creation of a permanent body in the United Nations that could knowledgeably address the issues of indigenous peoples and thus begin to address issues that had never been properly addressed by the world community, including the human rights of the indigenous peoples. All the States of the Western Hemisphere were situated on indigenous lands. The traditional knowledge of the indigenous peoples - almost never acknowledged -formed the basis of a large part of the pharmaceutical industry today. The Permanent Forum would considerably broaden the UN's appreciation of indigenous issues to include economic development, environment, education, traditional knowledge and other matters.
PIERRE MIOT, of the International Federation of Rural Adult Catholics, said that the appropriation of traditional wisdom by transnational companies was dishonest. This practice sometimes involved the confiscation of living materials, particularly in Latin America, Africa and Asia in regions of environmental biodiversity. According to the law, only inventions could be given patents. As often noted by indigenous leaders, no one could claim for themselves what already existed in nature. African indigenous groups had taken the initiative to declare opposition to the patenting of living organism. This battle was difficult to fight due to the intellectual property rights and appropriation by agro-industrial firms or pharmaceuticals. It was necessary to remember four points, the importance of the Convention on biological biodiversity, that WIPO should protect the know how of indigenous peoples, to have the prior consent of indigenous people and provide for equitable division of benefits, and the conformity of national legislation to avoid transnational companies taking advantage of legal loopholes. The genetic world heritage was not subject to trade.
WILDA SPALDING, of the World Federation for Mental Health, thanked the Commission for its serious attention given to the negative psychological implications of forced relocation and encouraged that even greater steps be taken with real urgency to support the requests of traditional peoples in that respect, a case in point being that of the Dineh people. Appreciative that the Commission initiated the important visit of the Special Rapporteur on religious tolerance to Big Mountain, one was concerned that other immediate steps needed to be taken towards averting what had blatant negative health impacts on the Dineh traditional peoples in their stand to maintain physical and spiritual integrity on their traditional lands.
MALIK OZDEN, of Centre Europe-Tiers Monde, said that it accorded particular attention to human rights violations resulting from projects of transnational corporations. In this respect, indigenous peoples constituted a particularly vulnerable sector of society threatened by large-scale projects to exploit natural resources. Two situations involving the violations of the fundamental rights of indigenous populations in Colombia were highlighted. The first concerned the Uwa people whose ancestral land was threatened by an authorization for oil exploration accorded to the North American company OXY without their being consulted on the matter. Although the Uwa had recently won the case, their territorial integrity remained extremely precarious. The second situation concerned the Embera Katio people whose lives, culture and territorial integrity were jeopardized by the construction of a hydroelectric dam on their territory without their consent.
BILL SIMMONS, of the International Indian Treaty Council, speaking on behalf of Indigenous World and the Society for Threatened Peoples, recognized the growing number of States examining their initial position on the matter of indigenous peoples and supported the use of the term indigenous peoples with no qualification in the Declaration. The groundless opposition of a handful of States to this most fundamental principle of the Declaration was the primary impediment to more rapid progress in the adoption of the draft declaration. The method of selection of the members of the Permanent Forum was also a source for concern. If the manner of selection was not clarified, the Forum would not have the credibility it would require with precisely those indigenous representatives who would be most intimately involved in its credibility and success.
The situation of the Dineh people in the United States was a source for concern. They were continually suffering due to the forced relocation policy set into law by the United States Government through a so-called 'Navajo-Hopi land dispute'. The Special Rapporteur was asked to examine the full extent of human rights suffering. Even the ceremonial rights to bury in a traditional way had been forbidden by the US Government. It was clear that many Governments were not responsive to appeals by the international community and the United Nations. The Governments had to be continuously monitored on their compliance with their international human rights obligations.
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