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14 August 2000
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Subcommission on the Promotion
and Protection of Human Rights
52nd session
14 August 2000
Morning
Concludes Debate on Indigenous Issues
The Subcommission on the Promotion and Protection of Human Rights concluded this morning its discussion on the human rights of indigenous peoples and began its debate on the prevention of discrimination against and the protection of minorities.
Subcommission Expert and Special Rapporteur Erica-Irene Daes presented her report on indigenous peoples and their relationship to land in which she recommended, inter alia, that Governments formally renounce discriminatory legal doctrines and policies which deny human rights and indigenous land and resources rights and that they adopt laws and policies in keeping with the spirit of the International Declaration for the World's Indigenous Peoples.
Mrs. Daes also presented a report on her mission to Mexico, saying the Mexican Government had been extremely cooperative. She said that despite progress, much needed to be done. Indigenous communities still suffered in many cases from extreme poverty and marginalization and there were problems regarding the right to life and the administration of justice.
Subcommission Expert Asbjorn Eide presented the report of the working group on minorities, saying that work had focused on the relevant declarations on the rights of minorities. The report included recommendations of possible solutions to disputes between minorities and Governments and more general work on improving the human-rights situations of minorities.
The Subcommission began this morning's meeting with a procedural discussion on its organization of work. Barred from passing country-specific resolutions by the Commission on Human Rights, the Subcommission took a decision on an experimental basis to include in its report to the Commission an extended and objective overview of its discussions on violations of human rights.
Subcommission Experts that contributed to the discussion this morning were: Erica-Irene Daes, Jose Bengoa, Asbjorn Eide, Yozo Yokota, El-Hadji Guisse and Manuel Rodriguez Cuadros.
The following non-governmental organizations spoke: the International Indian Treaty Council and the International Federation of Free Journalists.
Observer countries Bangladesh and Mexico participated in the discussion.
The Subcommission will reconvene at 3 p.m. when it will continue its consideration of the prevention of discrimination against and the protection of minorities.
Statements on human rights of indigenous peoples
ERICA-IRENE DAES, Subcommission Expert and Special Rapporteur, introducing her report on indigenous peoples and their relationship to land (E/CN.4/Sub.2/2000/25), said the report had six chapters covering the complex issues involved, and reviewed several specific cases. Among her recommendations were that Governments should formally renounce discriminatory legal doctrines and policies which denied human rights and indigenous land and resource rights, and should adopt laws and policies in keeping with the spirit of the International Decade for the World's Indigenous Peoples; should realize that indigenous peoples did not think of "ownership" of land in the same way; and should accept that they should not be deprived of their lands against their will.
Expediting the draft declaration on the rights of indigenous peoples would be helpful to the difficult issue of land claims, Mrs. Daes said. The Permanent Forum now to be established under the Economic and Social Council should consider playing a constructive role in land issues, perhaps through creating a fact-finding commission and through setting up a complaints mechanism for land-claims matters. Countries should furthermore be called upon to provide periodic reports regarding efforts to settle issues related to the land rights of indigenous peoples. Discriminatory aspects of laws and policies related to indigenous peoples and their land rights should be at the forefront of the agenda of the upcoming World Conference against Racism.
Although this was her "final report," Mrs. Daes said, she wished permission to "finalize" her final report next year, as new information had come in, and it was important that it be included in her study.
JOSE BENGOA, Subcommission Expert, said this was a fundamental question and one of the most important issues dealt with in the Subcommission. He had considered it carefully. It was of great importance to discuss it in depth. The report gave a number of points for consideration. One point was the participation in the group. This led to the definition of indigenous peoples. In fact, indigenous groups were represented and it was important when considering the practical work of the group. But how would the work be pursued in the future? There were significant conflicts in many parts of the world having to do with globalization and the resources available to indigenous peoples. The indigenous peoples were often marginalized, however they were currently living in the expansion of capitalism, which had a severe impact on their lives. The impact of globalization should be considered specifically in relation to indigenous peoples. He briefly turned to the report Mrs. Daes presented which was of great importance. He agreed with the conclusions raised by Mrs. Daes. It was important to have a practical
approach to the protection of land. In the report, there was a reference to the Permanent Forum for indigenous peoples. It was important to set guidelines and decide what role the Forum should play in this context and find ways to approach mediation, protection and compensation.
ASBJORN EIDE, Subcommission Expert, said he wished to underline that the question of land was the most important issue concerning indigenous peoples, and the report was the culmination of massive and impressive work and action by Mrs. Daes over two decades. The recommendations were constructive and he strongly endorsed them. In Norway, which had ratified ILO Convention 169, the issue of land had come to be very important in Government relations with the Samis, and there had been progress. He hoped the issue would soon be settled to everyone's satisfaction. He also agreed that the Permanent Forum should play a critical role on the issue of indigenous land rights.
YOZO YOKOTA, Subcommission Expert, said the report was important and gave many constructive recommendations. He also thanked Mrs. Daes for her work on human rights issues and for informing people about the importance of the rights of indigenous peoples. Land and the resources related to the land were the most important element to the life of indigenous peoples. Almost all of them had lived in harmony with the nature surrounding them. Technological developments and industrial expansion threatened indigenous peoples, particularly their access to the land. At this time in
human history, it was important to focus on the issues of land. Indigenous peoples had to be ensured of their rights to the land and resources and their right to development. Mrs. Daes had focused on this issue as well as the delicate balance regarding collective and individual rights. Mr. Yokota welcomed the establishment of the Permanent Forum, however, it required a rethinking of the role of the Subcommission in light of this new body.
ERICA-IRENE DAES, Subcommission Expert, presenting the report of her mission to Mexico (E/CN.4/Sub.2/2000/CRP.1), said she was grateful to the High Commissioner for Human Rights for funding her trip and to the Government of Mexico and to the country's indigenous peoples for their cooperation. She went from 28 January to 14 February and was for the most part accompanied by Government officials, often human-rights officials. She met with the Foreign Minister, the Attorney-General, the Minister of Social Services, with the official responsible for human rights of the Ministry of the Interior, with relevant officials and representatives of human-rights commissions of several Mexican states, with officials of the National Commission for Human Rights, and with various UN officials. In Chiapas, she met with many non-governmental organizations and human-rights defenders. She also met with the coordinator of the dialogue between the Government and the Zapatista Liberation Army and visited a series of indigenous communities, talking to indigenous women, children, social workers, traditional doctors, and others.
Mrs. Daes said the Mexican Government was extremely cooperative. She encouraged it to continue to pursue technical cooperation with the Office of the High Commissioner for Human Rights; and to continue to work to improve the health and educational situation of indigenous communities, as, despite progress, much needed to be done. Indigenous communities still suffered in many cases from extreme poverty and marginalization. She had expressed to the Government her concern about allegations she had received of violations of the right to life, of torture, and of various other crimes; and over the predations of armed civilian groups; and had called for improvements in the administration of justice. In relation to Chiapas, she had encouraged implementation of the San Andrea accords.
Human-rights violations continued to take place, she had determined, and the increasing use of the military for police functions created a suspicious and fear-filled atmosphere, and violations as severe as violation of the right to life. The justice system needed serious improvement, and impunity for the police and the army had to be addressed. There was a lack of transparency in the judicial system and there was a lack of understanding by many indigenous people of what constituted a crime. All aspects of society needed to foster tolerance and religious freedom. Loss and fragmentation of indigenous lands had led to tension and conflict, and the federal and state governments should pass legislation to protect these lands and allow their unhindered use by indigenous groups. There should be much more indigenous participation in decision-making.
EL-HADJI GUISSE, Subcommission Expert, said that when one heard one attitude or only one side of things, there was a curiosity to hear what the other side had to say. There was perhaps a lack of balance in the discussion as nothing had as yet been heard from the Government of Mexico. He was looking forward to hearing what the Government of Mexico had to say regarding the report.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, said the situation of indigenous peoples in Mexico, and particularly in Chiapas, was complicated; the report showed what could be done when a Government participated with a cooperative spirit. The Government had shown laudable initiative in facing some genuine problems, including an internal conflict. The matter was important and such cooperation could in the future lead to further visits such as that of Mrs. Daes, allowing a more comprehensive and thorough investigation of specific situations in various countries.
ISMAT JAHAN (Bangladesh) said the indigenous people agenda was a concern of the international community. Many indigenous peoples had been overrun by settlers who were mainly from overseas. Bangladesh supported all efforts for the protection of indigenous peoples. It had set the issue apart from other minority groups as indigenous peoples' rights were important in their own right. The working group had made significant contributions to the lives of the indigenous peoples. Mr. Alfonso Martinez had noted that even though indigenous peoples were a numerical minority, they were not so in United Nations' consideration. Ethnic and or national minorities were not to be considered indigenous peoples. There was a need for clear-cut distinctions between the two sets of people. Mrs. Daes had made reference to the Chittagong Hill Tract Agreements which had been unqualified and gave the wrong impression of the situation. The Agreement had brought about peace and harmony in the region benefitting the tribal people and was a model for reconciliation. The accord had a special provision regarding access to land. The Government was fully committed to the full implementation of the accord, however time was required in order to implement it successfully. The land issue in the Chittagong Hill Tracts could be used as an example of approaches to indigenous peoples in the report of Mrs. Daes.
ELEAZAR RUIZ Y AVILA (Mexico) said the Government was dedicated to the promotion and protection of the rights of its indigenous peoples; indigenous peoples with their 62 different languages represented about 10 per cent of the population and the Government was committed to their full participation in the Government and life of the country. There were problems: such peoples lived in rural areas, and many of their communities had fewer than 100 inhabitants. It was understood that an effort was required to build a new relationship between indigenous peoples and the Government, and reforms had been under way for over a decade -- there had been federal reform and state reform, with much new legislation, and federal and state bodies had wide indigenous representation. Basic health services had been provided to 5 million indigenous peoples in 1999; education was another focus, and some 1 million indigenous children had received teaching and textbooks free in some 36 languages. Radio stations broadcast in 31 indigenous languages and offered educational programmes.
Land ownership and land rights had been given extensive attention, and much reform had been undertaken; independent land-rights tribunals had been set up. Judicial reforms also had been wide-ranging with special efforts to deal with complaints lodged relating to the justice system. The Government continued to pursue a dignified and just peace in Chiapas. Congress was soon to determine its position on the San Andrea accords and Government proposals related to them. An enormous effort had been made to spur development and resolve justice and land disputes in Chiapas. The Government had some reservations about Mrs. Daes's report, but would comment later after complete translation of the document and further time for study.
MARGARITA GUTIERREZ, of the International Indian Treaty Council, said that Mrs. Daes had carried out extremely important work within this field. The organization had participated in the eighteenth session of the working group and had been inspired by its main focus on indigenous groups and young people. It had been encouraging to see the participation of young groups. Constructive discussion had taken place and there was a duty to continue the work. Tomorrow's indigenous people would be well-aware of the functioning of the United Nations within this field. The Subcommission should approve a seminar on these issues and should assist in its funding. Mrs. Daes' recommendations should be broadly circulated. With regard to the report on Mexican indigenous peoples, it was clear that there was widespread violations of the human rights of indigenous peoples.
Mr. Alfonso Martinez was congratulated for his work and it was hoped that a seminar would be held on treaties in Arizona, to ensure the development of a national plan of action. The Permanent Forum was an enormous development, even though there were many questions still unanswered. Priority should be given to climate change and cooperation with respect to indigenous peoples. Vigilance was required with regard to rights to land as this was a tricky question and a source of threats and discrimination in many countries. The organization supported national and international developments in this field.
ERICA-IRENE DAES, Subcommission Expert, responding to comments on the report, said the remarks had been constructive. She wished to clarify to Mr. Guisse that the indigenous institute in Mexico was an agency under the Government; another point was that every Expert had the obligation, based on rules and precedents, to submit reports -- otherwise why had she gone to Japan two years ago, and to Mexico this year? She had gone to see what was going on, without a particular mandate, and had felt such trips were appropriate.
Mrs. Daes said she had noted the comments made by the representative of Mexico; she agreed with them, and she had spent much time with this official during her trip. She had made her recommendations hoping that the new Government just elected would take them to help the situation of indigenous peoples in the country.
MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said the debate had been extremely good and the speakers had all recognized the quality of the work carried out in the working group. The task, when entrusted to the working group many years ago, had seemed enormous but worthwhile. The idea needed to be stressed that land continued to be a fundamental problem, leading to all forms of discrimination and violations of human rights. As to the question of the working group and the Permanent Forum, the setting up of such a body should not be justification for the disappearance or burying of the working group.
Prevention of discrimination against and the protection of minorities
Under this agenda item, the Subcommission has before it a working paper (E/CN.4/Sub.2/2000/10) prepared by Subcommission Experts Erica-Irene Daes and Asbjorn Eide on the relationship and distinction between the rights of persons belonging to minorities and those of indigenous peoples. The section written by Mr. Eide notes among its concluding observations that "Persons belonging to minorities often have several identities and participate actively in the common domain. Indigenous rights, on the other hand, tend to consolidate and strengthen the separateness of these peoples from other groups of society." The section written by Mrs. Daes states, among other things, that "In my opinion, the principal legal distinction between the rights of minorities and indigenous peoples in contemporary international law is with respect to internal self-determination: the right of a group to govern itself within a recognized geographical area, without State interference (albeit in some cooperative relationship with State authorities, as in any federal system of national government)."
The Subcommission has before it a working paper presented by Yeung Kam Yeung Sik Yuen (E/CN.4/Sub.2/2000/28) on the human rights problems and protections of the Roma. The working paper focuses on the historical background, human rights problems of the Roma, human rights protection of the Roma, recourse to regional and international organizations for the protection of human rights and a feasibility study. Considering the magnitude and complexity of Roma human rights problems, there is a need to initiate a study to identify the reasons why, unlike other minorities who integrate successfully in their countries of choice, the problem of the Roma are recurrent in spite of the fact that they have been living for several generations within the same countries.
The Subcommission also has before it a report by the working group on minorities (E/CN.4/Sub.2/2000/27). The report consists of sections on the organization of the session; the review of the promotion and practical realization of the declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities; the examination of possible solutions to problems involving minorities, including the promotion of mutual understanding between and among minorities and governments; the recommendations of further measures as appropriate, for the promotion and protection of the rights of persons belonging to national and ethnic, religious and linguistic minorities and the future role of the working group. The report recommends the further development of regional networks and studies regarding the implementation of the Declaration. The Working Group requests that funding be secured to employ a full-time person in the Office of the High Commissioner for Human Rights to deal with the rights of people belonging to minorities, and, as part of that function, to service the working group.
Statements
ASBJORN EIDE, Subcommission Expert and Chairperson of the working group on minorities, presenting the report of the working group (E/CN.4/Sub.2/2000/27), said work as always had focused on the standards of the relevant declaration on the rights of minorities, recommendation of possible solutions to disputes between minorities and Governments, and more
general recommendations on improving the human-rights situations of minorities. Scholars had participated in the working group, which had been useful, especially as they had presented several papers on subjects of concern.
The group had finalized work on its commentary, to be published in a manual, on procedures and mechanisms available to minorities. Mr. Bengoa had presented a paper on the existence and rights of persons belonging to minorities as compared to those of indigenous peoples. The group had examined Constitutional and legal provisions in a number of countries, and several Governments had presented information on recent developments. Conclusions and recommendations of the report included the hope for more resources for the study and resolution of problems involving minorities. The next session would focus on practical realization at the national level of the declaration on minority rights and on more effective participation of minorities in the lives of their countries.
JOSE BENGOA, Subcommission Expert, said the working group on minorities was growing and had increased in maturity. There were more participants and an increase in the quality of the work done. There had been progress on the political and theoretical questions. It would be useful to have some of the working group's documents submitted to the Subcommission in order to increase its awareness as to the work of working groups. The question of seminars was encouraged as this would avoid a Eurocentric approach. Colleagues were urged to participate and support the organization of seminars. It had been noted that there had been interesting developments regarding the African-American minorities, and it was hoped that detailed work would be carried out. Mr. Bengoa also drew attention to the matter of conflict prevention in situations involving minorities. One of the main problems was that ignoring disputed situations led to outright conflicts.
ALGIS TOMAS GENIUSAS, of the International Federation of Free Journalists, said policies of population transfer were aimed at ethnic cleansing and implantation of alien settlers by an occupying power, as witnessed by events in Tibet, East Timor, Kosovo and Chechnya; more attention should be paid to the plight of the Kashmiri people and to human-rights situations in Sierra Leone, Rwanda, Burundi, the Democratic Republic of the Congo, and other parts of Africa. The dire consequences of population transfer were still acutely felt in the peaceful Baltic States of Estonia, Latvia and Lithuania, who lost one third of their populations through mass deportations, executions and arrests during the Soviet era, and yet Estonia and Latvia in particular were now often accused by the Russian Federation of discrimination against Russian-speaking minorities.
In spite of the noble goals of the international community, the spiritual leaders of Tibetan Buddhism, such as the Dalai Lama, were being blocked from attending the World Peace Summit at the UN on 28-31 August, as China had objected. Another desperate case of effort to maintain cultural identity and self-determination was the Byelorussian people. Meanwhile, Poland and Lithuania as multi-ethnic countries had shown a positive approach to handling minority issues. The situation in Chechnya must be carefully monitored and the Russian army must withdraw.
CORRIGENDUM
In press release HR/SC/00/18 of 11 August 2000, the first paragraph on page 1 should read as follows:
The Subcommission on the Promotion and Protection of Human Rights approved this afternoon resolutions and measures calling for elimination of the negative humanitarian impacts of sanctions and embargoes; proposing topics of discussion for the World Conference against Racism; and declaring that discrimination based on Awork and descent@ was a violation of international human rights law.
The last paragraph on page 3 should read as follows:
In a resolution (E/CN.4/Sub.2/2000/L.14) on discrimination based on work and descent, adopted without a vote, the Subcommission declared that discrimination on such a basis was prohibited by international human-rights law; requested relevant Governments to ensure that all necessary Constitutional, legislative and administrative measures, including appropriate forms of affirmative action, were in place to prohibit and redress such discrimination, and that such measures were implemented at all levels; urged relevant Governments to ensure that appropriate legal penalties and sanctions, including criminal sanctions, were prescribed for and applied to all persons or entities within the jurisdictions of Governments who might be found to have engaged in practices of discrimination on the basis of occupation or descent; and decided to entrust Rajendra Kalidas Wimlala Goonesekere with the task of preparing, without financial implications, a working paper on the topic.
* *** *
and Protection of Human Rights
52nd session
14 August 2000
Morning
Concludes Debate on Indigenous Issues
The Subcommission on the Promotion and Protection of Human Rights concluded this morning its discussion on the human rights of indigenous peoples and began its debate on the prevention of discrimination against and the protection of minorities.
Subcommission Expert and Special Rapporteur Erica-Irene Daes presented her report on indigenous peoples and their relationship to land in which she recommended, inter alia, that Governments formally renounce discriminatory legal doctrines and policies which deny human rights and indigenous land and resources rights and that they adopt laws and policies in keeping with the spirit of the International Declaration for the World's Indigenous Peoples.
Mrs. Daes also presented a report on her mission to Mexico, saying the Mexican Government had been extremely cooperative. She said that despite progress, much needed to be done. Indigenous communities still suffered in many cases from extreme poverty and marginalization and there were problems regarding the right to life and the administration of justice.
Subcommission Expert Asbjorn Eide presented the report of the working group on minorities, saying that work had focused on the relevant declarations on the rights of minorities. The report included recommendations of possible solutions to disputes between minorities and Governments and more general work on improving the human-rights situations of minorities.
The Subcommission began this morning's meeting with a procedural discussion on its organization of work. Barred from passing country-specific resolutions by the Commission on Human Rights, the Subcommission took a decision on an experimental basis to include in its report to the Commission an extended and objective overview of its discussions on violations of human rights.
Subcommission Experts that contributed to the discussion this morning were: Erica-Irene Daes, Jose Bengoa, Asbjorn Eide, Yozo Yokota, El-Hadji Guisse and Manuel Rodriguez Cuadros.
The following non-governmental organizations spoke: the International Indian Treaty Council and the International Federation of Free Journalists.
Observer countries Bangladesh and Mexico participated in the discussion.
The Subcommission will reconvene at 3 p.m. when it will continue its consideration of the prevention of discrimination against and the protection of minorities.
Statements on human rights of indigenous peoples
ERICA-IRENE DAES, Subcommission Expert and Special Rapporteur, introducing her report on indigenous peoples and their relationship to land (E/CN.4/Sub.2/2000/25), said the report had six chapters covering the complex issues involved, and reviewed several specific cases. Among her recommendations were that Governments should formally renounce discriminatory legal doctrines and policies which denied human rights and indigenous land and resource rights, and should adopt laws and policies in keeping with the spirit of the International Decade for the World's Indigenous Peoples; should realize that indigenous peoples did not think of "ownership" of land in the same way; and should accept that they should not be deprived of their lands against their will.
Expediting the draft declaration on the rights of indigenous peoples would be helpful to the difficult issue of land claims, Mrs. Daes said. The Permanent Forum now to be established under the Economic and Social Council should consider playing a constructive role in land issues, perhaps through creating a fact-finding commission and through setting up a complaints mechanism for land-claims matters. Countries should furthermore be called upon to provide periodic reports regarding efforts to settle issues related to the land rights of indigenous peoples. Discriminatory aspects of laws and policies related to indigenous peoples and their land rights should be at the forefront of the agenda of the upcoming World Conference against Racism.
Although this was her "final report," Mrs. Daes said, she wished permission to "finalize" her final report next year, as new information had come in, and it was important that it be included in her study.
JOSE BENGOA, Subcommission Expert, said this was a fundamental question and one of the most important issues dealt with in the Subcommission. He had considered it carefully. It was of great importance to discuss it in depth. The report gave a number of points for consideration. One point was the participation in the group. This led to the definition of indigenous peoples. In fact, indigenous groups were represented and it was important when considering the practical work of the group. But how would the work be pursued in the future? There were significant conflicts in many parts of the world having to do with globalization and the resources available to indigenous peoples. The indigenous peoples were often marginalized, however they were currently living in the expansion of capitalism, which had a severe impact on their lives. The impact of globalization should be considered specifically in relation to indigenous peoples. He briefly turned to the report Mrs. Daes presented which was of great importance. He agreed with the conclusions raised by Mrs. Daes. It was important to have a practical
approach to the protection of land. In the report, there was a reference to the Permanent Forum for indigenous peoples. It was important to set guidelines and decide what role the Forum should play in this context and find ways to approach mediation, protection and compensation.
ASBJORN EIDE, Subcommission Expert, said he wished to underline that the question of land was the most important issue concerning indigenous peoples, and the report was the culmination of massive and impressive work and action by Mrs. Daes over two decades. The recommendations were constructive and he strongly endorsed them. In Norway, which had ratified ILO Convention 169, the issue of land had come to be very important in Government relations with the Samis, and there had been progress. He hoped the issue would soon be settled to everyone's satisfaction. He also agreed that the Permanent Forum should play a critical role on the issue of indigenous land rights.
YOZO YOKOTA, Subcommission Expert, said the report was important and gave many constructive recommendations. He also thanked Mrs. Daes for her work on human rights issues and for informing people about the importance of the rights of indigenous peoples. Land and the resources related to the land were the most important element to the life of indigenous peoples. Almost all of them had lived in harmony with the nature surrounding them. Technological developments and industrial expansion threatened indigenous peoples, particularly their access to the land. At this time in
human history, it was important to focus on the issues of land. Indigenous peoples had to be ensured of their rights to the land and resources and their right to development. Mrs. Daes had focused on this issue as well as the delicate balance regarding collective and individual rights. Mr. Yokota welcomed the establishment of the Permanent Forum, however, it required a rethinking of the role of the Subcommission in light of this new body.
ERICA-IRENE DAES, Subcommission Expert, presenting the report of her mission to Mexico (E/CN.4/Sub.2/2000/CRP.1), said she was grateful to the High Commissioner for Human Rights for funding her trip and to the Government of Mexico and to the country's indigenous peoples for their cooperation. She went from 28 January to 14 February and was for the most part accompanied by Government officials, often human-rights officials. She met with the Foreign Minister, the Attorney-General, the Minister of Social Services, with the official responsible for human rights of the Ministry of the Interior, with relevant officials and representatives of human-rights commissions of several Mexican states, with officials of the National Commission for Human Rights, and with various UN officials. In Chiapas, she met with many non-governmental organizations and human-rights defenders. She also met with the coordinator of the dialogue between the Government and the Zapatista Liberation Army and visited a series of indigenous communities, talking to indigenous women, children, social workers, traditional doctors, and others.
Mrs. Daes said the Mexican Government was extremely cooperative. She encouraged it to continue to pursue technical cooperation with the Office of the High Commissioner for Human Rights; and to continue to work to improve the health and educational situation of indigenous communities, as, despite progress, much needed to be done. Indigenous communities still suffered in many cases from extreme poverty and marginalization. She had expressed to the Government her concern about allegations she had received of violations of the right to life, of torture, and of various other crimes; and over the predations of armed civilian groups; and had called for improvements in the administration of justice. In relation to Chiapas, she had encouraged implementation of the San Andrea accords.
Human-rights violations continued to take place, she had determined, and the increasing use of the military for police functions created a suspicious and fear-filled atmosphere, and violations as severe as violation of the right to life. The justice system needed serious improvement, and impunity for the police and the army had to be addressed. There was a lack of transparency in the judicial system and there was a lack of understanding by many indigenous people of what constituted a crime. All aspects of society needed to foster tolerance and religious freedom. Loss and fragmentation of indigenous lands had led to tension and conflict, and the federal and state governments should pass legislation to protect these lands and allow their unhindered use by indigenous groups. There should be much more indigenous participation in decision-making.
EL-HADJI GUISSE, Subcommission Expert, said that when one heard one attitude or only one side of things, there was a curiosity to hear what the other side had to say. There was perhaps a lack of balance in the discussion as nothing had as yet been heard from the Government of Mexico. He was looking forward to hearing what the Government of Mexico had to say regarding the report.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, said the situation of indigenous peoples in Mexico, and particularly in Chiapas, was complicated; the report showed what could be done when a Government participated with a cooperative spirit. The Government had shown laudable initiative in facing some genuine problems, including an internal conflict. The matter was important and such cooperation could in the future lead to further visits such as that of Mrs. Daes, allowing a more comprehensive and thorough investigation of specific situations in various countries.
ISMAT JAHAN (Bangladesh) said the indigenous people agenda was a concern of the international community. Many indigenous peoples had been overrun by settlers who were mainly from overseas. Bangladesh supported all efforts for the protection of indigenous peoples. It had set the issue apart from other minority groups as indigenous peoples' rights were important in their own right. The working group had made significant contributions to the lives of the indigenous peoples. Mr. Alfonso Martinez had noted that even though indigenous peoples were a numerical minority, they were not so in United Nations' consideration. Ethnic and or national minorities were not to be considered indigenous peoples. There was a need for clear-cut distinctions between the two sets of people. Mrs. Daes had made reference to the Chittagong Hill Tract Agreements which had been unqualified and gave the wrong impression of the situation. The Agreement had brought about peace and harmony in the region benefitting the tribal people and was a model for reconciliation. The accord had a special provision regarding access to land. The Government was fully committed to the full implementation of the accord, however time was required in order to implement it successfully. The land issue in the Chittagong Hill Tracts could be used as an example of approaches to indigenous peoples in the report of Mrs. Daes.
ELEAZAR RUIZ Y AVILA (Mexico) said the Government was dedicated to the promotion and protection of the rights of its indigenous peoples; indigenous peoples with their 62 different languages represented about 10 per cent of the population and the Government was committed to their full participation in the Government and life of the country. There were problems: such peoples lived in rural areas, and many of their communities had fewer than 100 inhabitants. It was understood that an effort was required to build a new relationship between indigenous peoples and the Government, and reforms had been under way for over a decade -- there had been federal reform and state reform, with much new legislation, and federal and state bodies had wide indigenous representation. Basic health services had been provided to 5 million indigenous peoples in 1999; education was another focus, and some 1 million indigenous children had received teaching and textbooks free in some 36 languages. Radio stations broadcast in 31 indigenous languages and offered educational programmes.
Land ownership and land rights had been given extensive attention, and much reform had been undertaken; independent land-rights tribunals had been set up. Judicial reforms also had been wide-ranging with special efforts to deal with complaints lodged relating to the justice system. The Government continued to pursue a dignified and just peace in Chiapas. Congress was soon to determine its position on the San Andrea accords and Government proposals related to them. An enormous effort had been made to spur development and resolve justice and land disputes in Chiapas. The Government had some reservations about Mrs. Daes's report, but would comment later after complete translation of the document and further time for study.
MARGARITA GUTIERREZ, of the International Indian Treaty Council, said that Mrs. Daes had carried out extremely important work within this field. The organization had participated in the eighteenth session of the working group and had been inspired by its main focus on indigenous groups and young people. It had been encouraging to see the participation of young groups. Constructive discussion had taken place and there was a duty to continue the work. Tomorrow's indigenous people would be well-aware of the functioning of the United Nations within this field. The Subcommission should approve a seminar on these issues and should assist in its funding. Mrs. Daes' recommendations should be broadly circulated. With regard to the report on Mexican indigenous peoples, it was clear that there was widespread violations of the human rights of indigenous peoples.
Mr. Alfonso Martinez was congratulated for his work and it was hoped that a seminar would be held on treaties in Arizona, to ensure the development of a national plan of action. The Permanent Forum was an enormous development, even though there were many questions still unanswered. Priority should be given to climate change and cooperation with respect to indigenous peoples. Vigilance was required with regard to rights to land as this was a tricky question and a source of threats and discrimination in many countries. The organization supported national and international developments in this field.
ERICA-IRENE DAES, Subcommission Expert, responding to comments on the report, said the remarks had been constructive. She wished to clarify to Mr. Guisse that the indigenous institute in Mexico was an agency under the Government; another point was that every Expert had the obligation, based on rules and precedents, to submit reports -- otherwise why had she gone to Japan two years ago, and to Mexico this year? She had gone to see what was going on, without a particular mandate, and had felt such trips were appropriate.
Mrs. Daes said she had noted the comments made by the representative of Mexico; she agreed with them, and she had spent much time with this official during her trip. She had made her recommendations hoping that the new Government just elected would take them to help the situation of indigenous peoples in the country.
MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said the debate had been extremely good and the speakers had all recognized the quality of the work carried out in the working group. The task, when entrusted to the working group many years ago, had seemed enormous but worthwhile. The idea needed to be stressed that land continued to be a fundamental problem, leading to all forms of discrimination and violations of human rights. As to the question of the working group and the Permanent Forum, the setting up of such a body should not be justification for the disappearance or burying of the working group.
Prevention of discrimination against and the protection of minorities
Under this agenda item, the Subcommission has before it a working paper (E/CN.4/Sub.2/2000/10) prepared by Subcommission Experts Erica-Irene Daes and Asbjorn Eide on the relationship and distinction between the rights of persons belonging to minorities and those of indigenous peoples. The section written by Mr. Eide notes among its concluding observations that "Persons belonging to minorities often have several identities and participate actively in the common domain. Indigenous rights, on the other hand, tend to consolidate and strengthen the separateness of these peoples from other groups of society." The section written by Mrs. Daes states, among other things, that "In my opinion, the principal legal distinction between the rights of minorities and indigenous peoples in contemporary international law is with respect to internal self-determination: the right of a group to govern itself within a recognized geographical area, without State interference (albeit in some cooperative relationship with State authorities, as in any federal system of national government)."
The Subcommission has before it a working paper presented by Yeung Kam Yeung Sik Yuen (E/CN.4/Sub.2/2000/28) on the human rights problems and protections of the Roma. The working paper focuses on the historical background, human rights problems of the Roma, human rights protection of the Roma, recourse to regional and international organizations for the protection of human rights and a feasibility study. Considering the magnitude and complexity of Roma human rights problems, there is a need to initiate a study to identify the reasons why, unlike other minorities who integrate successfully in their countries of choice, the problem of the Roma are recurrent in spite of the fact that they have been living for several generations within the same countries.
The Subcommission also has before it a report by the working group on minorities (E/CN.4/Sub.2/2000/27). The report consists of sections on the organization of the session; the review of the promotion and practical realization of the declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities; the examination of possible solutions to problems involving minorities, including the promotion of mutual understanding between and among minorities and governments; the recommendations of further measures as appropriate, for the promotion and protection of the rights of persons belonging to national and ethnic, religious and linguistic minorities and the future role of the working group. The report recommends the further development of regional networks and studies regarding the implementation of the Declaration. The Working Group requests that funding be secured to employ a full-time person in the Office of the High Commissioner for Human Rights to deal with the rights of people belonging to minorities, and, as part of that function, to service the working group.
Statements
ASBJORN EIDE, Subcommission Expert and Chairperson of the working group on minorities, presenting the report of the working group (E/CN.4/Sub.2/2000/27), said work as always had focused on the standards of the relevant declaration on the rights of minorities, recommendation of possible solutions to disputes between minorities and Governments, and more
general recommendations on improving the human-rights situations of minorities. Scholars had participated in the working group, which had been useful, especially as they had presented several papers on subjects of concern.
The group had finalized work on its commentary, to be published in a manual, on procedures and mechanisms available to minorities. Mr. Bengoa had presented a paper on the existence and rights of persons belonging to minorities as compared to those of indigenous peoples. The group had examined Constitutional and legal provisions in a number of countries, and several Governments had presented information on recent developments. Conclusions and recommendations of the report included the hope for more resources for the study and resolution of problems involving minorities. The next session would focus on practical realization at the national level of the declaration on minority rights and on more effective participation of minorities in the lives of their countries.
JOSE BENGOA, Subcommission Expert, said the working group on minorities was growing and had increased in maturity. There were more participants and an increase in the quality of the work done. There had been progress on the political and theoretical questions. It would be useful to have some of the working group's documents submitted to the Subcommission in order to increase its awareness as to the work of working groups. The question of seminars was encouraged as this would avoid a Eurocentric approach. Colleagues were urged to participate and support the organization of seminars. It had been noted that there had been interesting developments regarding the African-American minorities, and it was hoped that detailed work would be carried out. Mr. Bengoa also drew attention to the matter of conflict prevention in situations involving minorities. One of the main problems was that ignoring disputed situations led to outright conflicts.
ALGIS TOMAS GENIUSAS, of the International Federation of Free Journalists, said policies of population transfer were aimed at ethnic cleansing and implantation of alien settlers by an occupying power, as witnessed by events in Tibet, East Timor, Kosovo and Chechnya; more attention should be paid to the plight of the Kashmiri people and to human-rights situations in Sierra Leone, Rwanda, Burundi, the Democratic Republic of the Congo, and other parts of Africa. The dire consequences of population transfer were still acutely felt in the peaceful Baltic States of Estonia, Latvia and Lithuania, who lost one third of their populations through mass deportations, executions and arrests during the Soviet era, and yet Estonia and Latvia in particular were now often accused by the Russian Federation of discrimination against Russian-speaking minorities.
In spite of the noble goals of the international community, the spiritual leaders of Tibetan Buddhism, such as the Dalai Lama, were being blocked from attending the World Peace Summit at the UN on 28-31 August, as China had objected. Another desperate case of effort to maintain cultural identity and self-determination was the Byelorussian people. Meanwhile, Poland and Lithuania as multi-ethnic countries had shown a positive approach to handling minority issues. The situation in Chechnya must be carefully monitored and the Russian army must withdraw.
CORRIGENDUM
In press release HR/SC/00/18 of 11 August 2000, the first paragraph on page 1 should read as follows:
The Subcommission on the Promotion and Protection of Human Rights approved this afternoon resolutions and measures calling for elimination of the negative humanitarian impacts of sanctions and embargoes; proposing topics of discussion for the World Conference against Racism; and declaring that discrimination based on Awork and descent@ was a violation of international human rights law.
The last paragraph on page 3 should read as follows:
In a resolution (E/CN.4/Sub.2/2000/L.14) on discrimination based on work and descent, adopted without a vote, the Subcommission declared that discrimination on such a basis was prohibited by international human-rights law; requested relevant Governments to ensure that all necessary Constitutional, legislative and administrative measures, including appropriate forms of affirmative action, were in place to prohibit and redress such discrimination, and that such measures were implemented at all levels; urged relevant Governments to ensure that appropriate legal penalties and sanctions, including criminal sanctions, were prescribed for and applied to all persons or entities within the jurisdictions of Governments who might be found to have engaged in practices of discrimination on the basis of occupation or descent; and decided to entrust Rajendra Kalidas Wimlala Goonesekere with the task of preparing, without financial implications, a working paper on the topic.
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