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17 October 2000

Fifty-Fifth General Assembly
Third Committee
25th Meeting (AM)
17 October 2000



Distinction between Indigenous And Other Minorities
Should Not Be Blurred, Says China


The Permanent Forum on Indigenous Issues should come up with a precise definition of indigenous peoples in order to keep their concerns separate from those of minorities, the representative of China told the Third Committee (Social, Humanitarian and Cultural) this morning as it concluded its debate on the programme of activities of the International Decade of the World's Indigenous People (1994-2004).

Obscuring the concept of indigenous people, or blurring the distinction between them and other minorities, would gravely undermine the international community’s efforts to protect their rights, she added. It would also endanger the vital interests of genuine indigenous populations. The Forum should pay special attention to the historical backgrounds of indigenous people and to the unique qualities of their populations to ensure they remained intact.

The indigenous people themselves should determine the name of the forum, the representative of Venezuela said, adding that the term "indigenous" in his country was a cultural rather than a racial designation. It simply referred to older cultures, those who had lived there before the Europeans arrived.

The representative of Ukraine said that classifying ethnic groups would help protect minorities and indigenous people through legislation. But the use of the term "peoples" in the draft declaration carried no implications about the right of self-determination. Given the sensitivity of the issue, the declaration should include provisions prohibiting actions designed to impair the territorial integrity, political unity or stability of sovereign States.

The World Bank's Indigenous Peoples Programme recognized the complexity of the far-flung indigenous populations of the world, the Bank's Deputy Representative said. The estimated 400 million indigenous population worldwide was small. However, they helped shape the future of the global community with their ancient wisdom. Historically, they had been poor and excluded in many parts of the world. Integrating their knowledge into development assistance programmes would help reduce poverty.


Also addressing the Committee this morning were the representatives of Chile, Argentina, Brazil, Belize, speaking on Behalf of the Caribbean Community (CARICOM), and Guatemala.

The Programme Officer of the International Labour Organization also made a statement.

The Committee will meet again at 10 a.m. on Wednesday, 18 October, to begin deliberating issues related to racism and self-determination.

Committee Work Programme

The Third Committee (Social, Humanitarian and Cultural) met this morning to continue deliberating the programme of activities of the International Decade of the World's Indigenous People (1994-2004).

Statements

CONG JUN (China) said that the Chinese people and Government were both concerned and sympathetic with the experience of indigenous people. The historical relevance of their existence and the protection of their rights were important issues for the entire international community. It was appropriate then that the United Nations had always attached importance to the struggles of indigenous people. The attention of the United Nations community had been crystallized by the designation of a Decade of the World’s Indigenous People and, most particularly, by the establishment of a Permanent Forum on Indigenous Issues. In carrying out its work, the Forum should pay special attention to the historical backgrounds of indigenous people and the unique qualities of their populations. It must ensure that those unique qualities, rising out of traditional or cultural processes, specific to particular countries or regions, remain intact.

She said that her delegation would not accept any attempt to use excuses to obscure the “concept” of indigenous people or to blur the distinction between indigenous populations and other minorities. Distortion and irresponsible exaggeration of the question of indigenous people would gravely undermine the international community’s efforts to protect their rights and endanger the vital interests of genuine indigenous populations. She hoped, therefore, that the Forum would soon come up with a relatively precise definition of indigenous people. The Forum should also do solid work for indigenous people and cooperate broadly with other relevant United Nations agencies.

MARIO AGUZZI (Venezuela) said the new constitution adopted in December 1999 recognized the mix of people in his country, a characteristic it was very proud of. Venezuela had begun to tackle indigenous issues and had guaranteed the rights of indigenous people. Three indigenous representatives had participated in the assembly, drafting the constitution. An entire chapter was devoted to the rights of indigenous people. Their cultural and social rights were recognized, as were their rights to their habitats and ancestral property.

Further, the constitution guaranteed that the cultural, economic and social integrity of the indigenous would not be compromised. It set out their right to retain their ethnic identity, particularly through their educational systems and in health matters, practices and cultures. They were entitled to their own economic practices, based on productive exchange and participation in the national economy. Their rights to technology and political participation were guaranteed, and the duty of the Government was defined as promoting development and protecting the right to pursue a way of life that respected the constitution.

He said transitional provisions in the constitution would lead to others taking effect in two years. Administrative measures would lead to development of instruments for application of precepts. His country was a co-sponsor of the Human Rights Commission permanent forum, and would continue with that work. The name of the forum itself should be determined by the indigenous themselves. His country was also participating in the drafting of the declaration. Ultimately, national legislation would have to guarantee indigenous rights. Finally, he said, the term "indigenous" in his country was a cultural rather than a racial designation. It simply referred to older cultures, those who had lived there before the Europeans arrived.

MYKOLA MELENEVSKY (Ukraine) welcomed the decision by the Economic and Social Council to establish the Forum on indigenous issues. Composed of Government and indigenous representatives as it was, he said the high-level advisory body would form a forum for dialogue and cooperation. But there was a long way to go before consensus was reached on principles in the draft declaration. It was important to classify ethnic groups to facilitate national policies in protecting minorities and indigenous people. The use of the term "peoples" in the draft declaration had no implications regarding the right of self-determination or any other rights possibly attached to the term under international law. Given the sensitivity of the issue, the declaration should include provisions prohibiting actions designed to dismember or impair the territorial integrity, political unity or stability of sovereign States.

He said his country would continue to participate actively in the Working Group on Indigenous Populations of the Sub-Commission on Promotion and Protection of Human Rights as the Group sought peaceful, constructive solutions to situations involving indigenous peoples. Dialogue was important to prevent confrontation. Ukraine's complex history was filled with injustice. Some 50 years ago, thousands of people -- including indigenous peoples -- had been forcibly deported from their territory. Today, the Government was ensuring a peaceful return, resettlement and reintegration without infringing on others’ rights. It was safeguarding the rights of all.

He said the new Consultative Council of Crimean Tatars would eliminate obstacles and maintain a constructive dialogue. Recent decrees had provided for establishing an intellectual pool of experts of Tatar nationality for candidates to fill vacancies in the executive branches of the Autonomous Republic of Crimea. It also provided for allocation of auxiliary land parcels to rural Tatars.

CRISTIAN MAQUIEIRA (Chile) welcomed the philosophical and legal discussions now taking place within the international community with the aim of spurring concrete action to preserve the rights of indigenous people. That concern had been marked at the United Nations by the designation of the Decade and the establishment a permanent Forum on indigenous issues. Chile had participated actively in the genesis and development of those initiatives, and would continue to work to ensure that the issues of indigenous populations received high priority. It was a particular source of pride that Chile had chaired one of the meetings that led to the establishment of the Forum.

Chile, he said, had enhanced its internal public policies with the special circumstances of its indigenous populations in mind. Since 1990, Chile had promoted policies aimed at addressing the unique situation of the country’s indigenous populations, because human dignity was a top priority of both its people and its Government. The Government was aware of the need for internal domestic laws to be in line with international standards. In that regard, indigenous people received constitutional recognition. There had also been serious dialogue with representatives of indigenous communities to address matters such as cultural diversity and discrimination, while trying not to interfere with their collective rights. There had been other actions aimed at strengthening the identity of indigenous persons, as well as promoting respectable coexistence with wider communities and the State. A special indigenous development plan had also been drawn up; it included short-, medium- and long-term measures. The plan was aimed at dealing with land conflicts, promoting constructive development, and coordinating State policies with the needs of indigenous populations. Soon, his Government would develop a sectoral agenda on indigenous matters. Chile was deeply committed to the success of the upcoming World Conference on Racism.

MARIANO SIMON PADROS (Argentina) said that the indigenous communities in his country comprised 16 ethnic groups. Argentina deeply respected its indigenous populations and considered their cultural and ethnic diversity as one of the nation’s treasures. Argentina’s constitutional reform had recognized that diversity, and aimed to protect and respect land rights and traditional practices. The National Institute of Indigenous Issues was the major body for promoting the rights of indigenous people within the country. It currently had plans to improve housing conditions, and had been particularly active in promoting bilingualism, better access to education and training programmes. All those initiatives specifically respected the unique circumstances of indigenous persons. He added that Argentina had established scholarship programmes as well as leadership training programmes and workshops aimed at indigenous youth populations.

FERNANDO ESTELLITA LINS DE SALVO COIMBRA (Brazil) said his country was committed to preserving its indigenous socio-cultural identities and to ensuring that Brazilian indigenous people enjoyed their rights, including the right to the land they traditionally occupied. The demarcation of lands was one area of clear progress. Currently, the country had 561 indigenous areas comprising over 900,000 square kilometres. The Government was providing security for indigenous populations by preventing invasions of their lands and by providing access to education and health.

Cultural interaction had been a dominant trend in his country's history, he continued. Indigenous origins were clearly evident in the physical characteristics and habits of broad population segments. While the isolated Brazilian indigenous groups had little contact with overall society and represented a small percentage of the population, the indigenous segment was undergoing full demographic recovery, with a higher birth-rate than the national average.

United Nations agencies should help establish the Decade's objectives, he said. The declaration should be universal in scope and should not fail to cover the rights of indigenous people all over the world. The indigenous heritage was vital worldwide. It would contribute to mankind's future development.

STUART LESLIE (Belize), speaking on behalf of the Caribbean Community (CARICOM), recalled that since the 1995 start of the International Decade, world attention had been focused on strengthening international cooperation to solve the problems faced by indigenous people in areas such as development, education, environment, health, human rights and improvement of their quality of life. The draft declaration would recognize the values and diversity of indigenous people. The human and institutional capacities of indigenous people to actively participate in decision-making must be strengthened.

Recalling with appreciation various initiatives undertaken on behalf of the indigenous, he said his Government had in October signed an agreement with the Maya peoples in southern Belize. The historical document had recognized the Maya peoples’ rights to lands and resources based on their long-standing use and occupancy. A partnership would address land needs, including the establishment and protection of communal lands of the Maya.

Other issues would also be addressed. Those included sustainable management of natural resources within the traditional Maya land-use areas; the equitable distribution of benefits among the Maya communities; protection of Maya cultural practices; management of the Maya cultural heritage; and reform of community governance institutions. A regional development plan for southern Belize had also been established, with the Inter-American Development Bank ready to fund implementation of the development programmes outlined.

LUIS CARRANZA (Guatemala) said his Government had been working actively to ensure approval and adoption of the draft declaration on the rights of indigenous people. He hoped that the Permanent Forum on Indigenous Issues would be a tool to get that goal accomplished, as well as to achieve the aims of the Decade. He was aware that some delegations saw the Forum and the Commission on Human Rights Working Group on Indigenous People as having overlapping duties. While both bodies indeed addressed similar concerns, he urged caution before discontinuing the efforts of the Working Group. He suggested that once the Forum was fully operational, there should be a transitional period during which the functioning of both bodies was examined closely.

He said that the peace agreements in Guatemala had formed the framework for ongoing protection of human rights. Those agreements included respect for the cultural diversity, dignity and human rights of indigenous populations. Among the activities under way to address the concerns of its indigenous peoples, Guatemala had embarked on a progressive plan of educational reform, including an intercultural, bilingual system that reflected the diversity of the country -- although the Government’s efforts were often hampered by a lack of resources. The participation of indigenous persons in Government service had been enhanced by their appointment to high-level positions. That allowed for progress towards transforming relations between the State and indigenous people. The creation of a defence commission for indigenous women was also a major step forward. Thus far, the commission had focused on disseminating information and establishing a consultative council to provide legal aid and ensure the promotion of human rights for women. The main goals of that council would be to combat the social exclusion which had for too long been the main hindrance to the sustainable development of indigenous populations.

RHITU SIDDARTH, Programme Officer for the International Labour Organization (ILO), said the ILO approached issues affecting indigenous and tribal peoples in two complementary ways; first, through supervision of the two ILO conventions on indigenous people -- the Indigenous and Tribal Populations Convention (no. 107) and the Indigenous and Tribal Peoples Convention (no. 169) -- and second, by giving technical assistance and support. A committee of 20 independent, high- level experts examined the application of those Conventions on a regular basis. That committee had observed that Convention no. 169 was the most comprehensive of the international laws aimed at protecting the right of indigenous people to preserve their own laws and customs within the societies in which they lived. So far, 14 countries had ratified that Convention, which included the precept that the desired relationship of mutual respect between indigenous people and the States in which they lived should not be confused with autonomy, or with political and territorial independence from the nation State.

The ILO had initiated a number of technical cooperation activities within the framework of the International Decade, she continued. The aim of those programmes had been to increase awareness of the situation of indigenous and tribal peoples and to promote improvement of their living and working conditions throughout the world. For example, she said that the Project on the Promotion of ILO Policy on Indigenous Peoples was established in 1996 with the main goals of enhancing the capacity of indigenous and tribal people to participate in development processes which affected them. Also, in response to requests by many indigenous and tribal groups, the “indigenous-to-indigenous” exchange programme was launched in 1999. That programme’s aim was to examine and learn from different traditions and to facilitate better cooperation and networking between indigenous peoples. Finally, she urged widespread ratification of Convention no. 169, as it established minimum rights which must be respected and applied by States, and offered a notable charter of protection for the world’s 300 million indigenous peoples.

CLARE FLEMING, Deputy Representative to the United Nations of the World Bank, said the Bank had been the first multilateral financial institution to introduce a policy for treatment of indigenous or tribal peoples in development projects. The goal had been to ensure that bank-financed projects did not adversely impact indigenous peoples, and that they were provided with culturally compatible social and economic benefits. However, since 1991, the policy had been evolving in the direction of a new concept of development –- one that acknowledged the need to focus on eradicating poverty, on the central role of participation in creating sustainable societies, and on the role of culture in the development process. In that context, the role of indigenous people was key to sustainable overall development.

Although an estimated 400 million indigenous people worldwide made up only a small percentage of the world's population, they served a pivotal role in shaping the future, she continued. The best way to tap into a global community was through ancient wisdom and cultures. The participatory approach for inclusion of indigenous people, based on recognition of their right to take part in planning the future, had found support but had proved difficult to implement. It called for changes in attitudes, policies and legislation to address such key issues as land and resource rights, ensuring culturally appropriate procedures for consultations and communities, and building on the strengths of traditional lifestyles and institutions.

Indigenous peoples had been historically the poorest and most excluded in many parts of the world, she added. The Bank's Indigenous Peoples Programme was based on a long-term perspective recognizing the complexity of the far-flung indigenous populations of the world. It stressed three components: the strengthening of technical capacity; the creation of learning partnerships; and the financing of operations. It recognized indigenous knowledge as irreplaceable. It provided problem-solving strategies for local communities, especially the poor. It was an important part of global knowledge and an under-utilized resource in development. Most importantly, its integration into development assistance programmes would help reduce poverty.


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