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NON-GOVERNMENTAL GROUPS CALL FOR GREATER RESPECT FOR RIGHTS, PROPERTY OF INDIGENOUS POPULATIONS
17 August 1998
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MORNING
HR/SC/98/18
17 August 1998
Non-governmental organizations (NGOs) speaking before the Subcommission on Prevention of Discrimination and Protection of Minorities this morning urged action against what they said were systematic abuses of the rights and property of indigenous populations around the world.
A number of statements focused on difficulties with land -- NGOs alleged, for example, that oil exploitation had devastated the environment of the Ogoni people in Nigeria; that the Chiapas conflict in Mexico had resulted in the routing of indigenous communities from tribal lands by officially tolerated paramilitary groups; that transnational mining corporations with interests in Colombia were pressuring the Government to allow environmentally disruptive operations on tribal properties; that the Jummas of Bangladesh had lost access to their ancestral forests; that a proposed dam in Chile threatened the way of life of the Mapuche-Pehuenche people; that mining and other exploitation of Venezuelan forests were overriding indigenous groups' titles to the territory; and that sacred lands of the Dine and Hopi peoples in the Big Mountain region of the United States were being improperly violated.
It was also charged that the French socio-economic and legal system was being imposed unfairly on the indigenous people of French Guyana; that indigenous languages and cultures were in danger of disappearing in Nepal; that terrorism in Jammu and Kashmir was threatening to extinguish the Pandit culture; and that Government persecution decimated indigenous groups in the mountain and border regions of Myanmar.
The situation in Chiapas was mentioned repeatedly; NGO representatives claimed abuses committed there ranged from rape to disappearances to summary executions.
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The following NGOs addressed the meeting: American Association of Jurists; Asian Buddhist Conference; North-South XXI; Centre Europe - Tiers Monde; Franciscans International; International Human Rights Association of American Minorities; International Peace Bureau; Movement Against Racism and for Friendship Among Peoples; European Union of Public Relations; World Federation of Mental Health; International Federation of Human Rights Leagues; Inuit Circumpolar Conference; Food First Information and Action Network; Indian Movement Tupac Amaru; International Institute of Peace; International Institute of Peace; Saami Council; Indian Council of South America; International Organization of Indigenous Resource Development; and Human Rights Advocates.
The Subcommission will reconvene at 3 p.m. to continue its discussion of the rights of indigenous populations.
Statements
VICTORIA MILLER, of the American Association of Jurists, said serious human-rights violations of the Ogoni people persisted; they continued to suffer under the combined authority of the Shell Oil Company and the Nigerian regime; over 35 years of oil exploitation by Shell had devastated the lands of the Ogoni, and although billions of dollars' worth of oil had been taken from the Ogoni region, the Ogonis had not received a cent; Shell used environmental standards there that were lower than average; streams and agricultural land were fouled, along with the air. Shell claimed that it paid taxes to the Nigerian Government for the oil, but none of it came back to the Ogoni people; instead the leaders had corruptly enriched themselves at the expense of the Ogoni people. Peaceful Ogoni demonstrations had led to severe reprisals, including the death of the celebrated Ogoni writer Ken Saro-Wiwa; Shell admitted it had helped supply weapons that had been used against the Ogoni. Nigeria must implement the recommendations of the observer mission of the Secretary-General that had gone to the region in 1996. A stop also must be put to genetic-patent programmes affecting indigenous peoples; genes could not belong to anyone, could not be bought or sold; genetic manipulation should not be a source of profit, and the risks of genetic contamination should be taken into account; the process should be kept at the service of all human beings and their well-being rather than be used to obtain profits for companies.
BIPLAB CHAKMA, of the Asian Buddhist Conference for Peace, said that he was speaking on behalf of the Jumma peoples of the Chittagong Hill Tracts in Bangladesh. He drew the attention of Subcommission expert Special Rapporteur Miguel Alfonso Martinez to the term used to refer to the indigenous people of the Chittagong Hill Tracts in Bangladeshi Law No. 12 of 30 June 1995: "indigenous hillman". In the Chittagong Hill Tracts in 1960, about 54,000 acres of agricultural land had been submerged by the Kaptai hydroelectric dam, displacing over 100,000, people many of whom remained landless. The military also played an important role in the Chittagong Hill Tracts which had been under military rule for the last 20 years or so. Jumma refugees who had now returned from India had been promised land as part of the repatriation agreement, but most of them were still waiting. Successive Governments had denied people of the area access to their natural resources, denying indigenous Jummas access to their primary resource base. A Peace Agreement, signed on 2 December 1997, provided for a Land Commission to settle disputes arising from conflicting land claims. However the implementation of the agreement had not taken place as had been hoped and most of the provisions remained pending. The United Nations, the international community and the Government of Bangladesh were requested to make efforts to ensure the land rights of the Jummas were recognised and the Peace Agreement was implemented.
I. GARCIA, of North-South XXI, said that in Chiapas, 20,000 indigenous inhabitants were refugees who suffered terribly, separated from their land and living in dire conditions; there was great land injustice in the region; for the indigenous and rural population, there had been many unkept promises; the little fertile land left that the indigenous people there owned was being privatized or threatened with privatization; economic, social and cultural rights were violated, and paramilitary intervention had been used to "solve" social problems; over 10 paramilitary groups operated outside the law and were tolerated by the military. The result of these policies was the breaking of the social fabric in indigenous communities -- displaced populations, killing and detention of autonomous representatives of the communities; the Government did not respect the independence and authority of indigenous leaders. The Government of Mexico must be urged to respect the commitments in the agreements it had signed in 1996; paramilitary groups must be disbanded, and those responsible for massacres be punished. Indigenous rights to land and culture must be respected. The Subcommission must call for an end to the systematic rights violations being committed.
C. HENRY, of Centre Europe-Tiers Monde, in collaboration with the World Federation of Democratic Youth, said that protection of indigenous peoples could only take place if their right to land was recognised. Globalization in the neo-liberal model was endangering the life and culture of indigenous peoples. Transnational corporations (TNCs) were putting pressure on the Columbian Government in order to build access routes and large dams that would cause irreversible damage to the culture and life of the indigenous peoples of Columbia. Of great current concern was the proposed New Mining Code that called into question the land rights of indigenous peoples, and was not in agreement with International Labour Office Convention 169 which was ratified by Columbia in 1991. Projects like oil prospecting dams, coal mining, and transnational communications projects among others, could result in serious violations of human rights. The members of the Subcommission were called on to urge the Columbian Government to: recognise the autonomy of indigenous people's territories; abandon the New Mining Code; apply the consultation procedure for any project that might endanger the integrity of indigenous peoples; and create a consultation process with indigenous authorities as stipulated in ILO Convention 169. Interventionary policies in the management of the resources and the economies of southern countries, by international financial institutions had catastrophic consequences for the economies of southern countries, and were especially negative for indigenous populations.
PHILIPPE LE BLANC, of Franciscans International, said the organization and the Dominicans felt that not enough progress was being made during the International Decade of the World's Indigenous People; in a number of situations, the survival and lives of indigenous people were being threatened. The organization was greatly concerned about the situation in Mexico, especially in Chiapas, Guerrero, and Oaxaca -- there were continuing serious violations and the Mexican Government had failed to implement the San Andrés Accords signed with indigenous groups; it had failed to negotiate seriously, the talks had broken off, there had been hostile Government behaviour, and paramilitary groups protected by the Government sowed terror and displaced indigenous communities; there was torture and impunity. The Government was pursuing a strategy of transferring the war to civil society and dividing and pitting communities and groups against each other. The Subcommission must give top priority to the matter, urge the Government to respect human rights, urge it to demilitarize the area, and urge it to honour the peace accords.
COLIN MCNAUGHTON, of the International Human Rights Association of American Minorities, urged the members of the Subcommission to exert the necessary efforts to establish a permanent forum for indigenous peoples in the United Nations system. It appeared that the Mexican Government was doing its utmost to keep the world from knowing the situation in Chiapas, as demonstrated by its lack of desire to accommodate human rights observers - 165 had been expelled from Mexico in 1998 alone. It was hoped that the Subcommission would investigate what appeared to be the continuing atrocities and impending massacres perpetrated by the Mexican federal army and state and judicial police, all acting with complete impunity. The low intensity war in Chiapas was created as part of a counter-insurgency plan dictated by the United States military and the Central Intelligence Agency C.I.A.; weapons and training were being provided by the United States. This 'dirty war' was happening because the indigenous peoples were standing in the way of corporate progress. President Zedillo had unilaterally altered the most crucial points of the San Andres Accords; when indigenous people attempted to set up autonomous municipalities as provided for under the Accords, these municipalities were attacked by the army and police. In the name of humanity, it was demanded that the human rights violations being committed by the Government of Mexico be halted.
MARCELINO DAZ DE JESUS, of the International Peace Bureau, said he was a federal deputy of the Chamber of Deputies of Mexico; he represented a non-partisan organization of indigenous people; the time had come to take clear and appropriate measures to guarantee the enjoyment of rights and freedoms of all peoples in Mexico. Since 1994, there had been serious and systematic violations of human rights of indigenous people in the country; there was great concern over the growing militarization of indigenous regions, the increasing influence of paramilitary organizations, and the total impunity enjoyed by those violating human rights in the militarized zones. There were summary executions, forced disappearances, rapes, and acts of torture; without rapid and effective response, the situation would deteriorate; the Subcommission must adopt a resolution to call for human-rights respect in Mexico, especially respect for the rights of indigenous people; the resolution should call for setting up a fair negotiating body for resolving the dispute; it should demand an end to violence, urge release of political prisoners, and request a clarification of disappeared detainees. It should call for trial and punishment if necessary of those responsible for human-rights abuses. He did not represent a political faction; he was impartial; he had come here because he could not see hope of a solution to the situation in Mexico without outside help.
ALEXIS TIOUKA, of the Movement Against Racism and for Friendship Among Peoples, said that while the situation had improved in some places around the world, France continued to impose its political, legal and socio-economic system on the indigenous people of French Guyana who constituted 12 per cent of the population. The indigenous peoples had never ceded their sovereignty to France, and had had the French concept of citizenship imposed upon them. France neglected the most elementary needs of the indigenous peoples of Guyana and was following a policy of assimilation that resulted in strengthening the socio-economic imbalance. The indigenous peoples of Guyana had been mismanaged by socio-economic and ecologic developments and by the non-recognition of their territorial rights. Transnational corporations had been authorised by the Government to mine in an area set aside for the creation of a national park which France had agreed to at the Earth Summit in Rio. France imposed its legal system on the indigenous peoples who had to deal with laws that took no account of their identity. There was only one international text ratified by France that recognised indigenous peoples which was the Convention on Biodiversity adopted at the Earth Summit.
DAMBAR BIR THAPA, of the European Union of Public Relations, said that Nepal had indigenous people divided into several castes and sub-castes; the country was multi-ethnic and had many native languages and ways of life and in general these groups lived together harmoniously; but what the Government and NGOs were doing for the larger interests of these people was inadequate. Many indigenous inhabitants were homeless and landless; some acted as carriers of luggage in the hilly regions, and some as domestic servants; some languages and cultures were on the verge of extinction; there should be an effort to give these languages and cultures a meaningful place in the national life before it was too late. The case of Kashmiri Pandits was another incident of how an entire culture was threatened; in this case the threat came because the Pandit community had had to flee its native land because of terrorism; the current Government of Jammu and Kashmir was trying to curb terrorism and allow the Pandits to return, but whenever some did return the terrorists stepped up their activities. Protecting indigenous peoples required conflict resolution and efforts by Governments and NGOs to preserve peace, stability, and tolerance.
WILDA SPALDING, of the World Federation for Mental Health, said that for years she had emphasised the need for the United Nations system to provide the same protection for natural sacred sites as it already did for man-made sacred places. As the land on which many indigenous people lived was often connected to the soul of their sacred ways, it was not surprising when there was a negative psychological impact when they were uprooted. While the reasons given for displacing people were many, the ethical excuses were nil. When people had been excised from the sacred space essential to their religious life, it was not possible to ensure observance of article 18 of the Universal Declaration of Human Rights. In Big Mountain, elders continued to emphasise that the land was sacred to both Dine and Hopi peoples. The Special Rapporteur on Freedom of Religion had visited Big Mountain, and his visit appeared to have been positive. The “Traditionals” of Big Mountain requested that the Special Rapporteur on the issues of displaced persons visit the region which was deeply linked to the sacred spaces of the Dine peoples. It was hoped that the psychological implications caused by forced displacement of indigenous peoples be taken into consideration within the context of norms promoting and protecting mental health.
MYLENE BIDAULT, of the International Federation of Human Rights Leagues, said the rights of the Mapuche-Pehuenche people of Chile faced a serious threat in the planned construction of the Ralco hydroelectric dam; over 600 hectares of traditional lands would be flooded, damaging the group's traditional way of life; national laws did seek to protect indigenous interests, but several Mapuche-Pehuenche families ceded land for the project under what appeared to be questionable circumstances and pressure applied by the Endesa company, one of the most powerful firms in Chile; some access roads already had been built, giving the impression that the dam was a fait accompli. The dam in fact appeared to be a test case of whether or not the Government would truly respect indigenous laws and its commitment to protect their cultures; the CONADI group, intended to represent indigenous interests, had had its recommendation on the matter refused by the Government which appeared to be prejudiced against it. The Chilean Government must plainly apply the laws it had put into effect to protect indigenous rights, including those of the Mapuche-Pehuenche people.
HJALMAR DAHL, of Inuit Circumpolar Conference Greenland, said that there had been a conference in Nuuk, Greenland, with participation from all regions in the Arctic as well as from indigenous peoples in other parts of the world such as Australia, Belize and Scandinavia. The recommendations and mandate given to the Inuit Circumpolar Conference by the Innuit people were to protect and support the draft declaration on the Rights of Indigenous Peoples adopted by the Working Group on Indigenous Peoples; the provisions of the draft declaration were being considered as minimum standards and no attempts to weaken the draft would be accepted. It was essential that indigenous peoples had the right to self-determination and to freely determine political status, and pursue economic, social and cultural life and development. It was of utmost importance to make the proposed forum for indigenous peoples a reality; this forum should include equal participation of indigenous peoples and Governments, and should become a partner to other United Nations agencies within the UN regular budget. The forum should be placed at the highest possible level of the UN system.
CARLOS EDUARDO FIGNEROA, of Food First Information and Action Network, said the Imataca forest reserve region of Venezuela was threatened by a plan for territorial organization and for forests; the plan was developed without consulting indigenous peoples of the area; the Government had denied the interests of indigenous peoples despite recognizing the rights of the people in its Constitution and laws; the Ministry of Agriculture had the responsibility of establishing agrarian plans, and was required to respect the lands and waters of indigenous groups; collective property ownership of land by indigenous people was to be recognized. It was to be noted that Venezuela had not ratified relevant International Labour Office conventions that might provide greater protection for indigenous groups; five forest reserves were on indigenous people's lands; others occupied more forest regions; frequently these people were not given rights to their lands, at least in practice; in 26 years, only 11 titles to land had been given to indigenous groups, although over 300 such groups existed. Permits to mining had been given to some areas although the Government department doing so was not competent to issue them; mining activities had been stepped up; five gold mines had begun, sheltered under a ministerial decree; a scheme was under way to legalize business occupation of the area involved, which belonged to indigenous people. The Subcommission should establish a report evaluating the violation of basic human rights suffered by indigenous people in the Imataca forest area.
LAZARO PARY, of the Indian Movement Tupaj Amaru, said that the document prepared by Subcommission expert and Special Rapporteur Erica-Irene Daes on the relationship of indigenous people to their land supported the age-old claims of indigenous populations to their lands. The preliminary study had an analytical weakness: decisive economic factors that were reasons for despoiling land were not taken into consideration. The problem of land and the Indians should be approached in the context of the prevailing international system, taking into consideration globalization that permitted international corporations to appropriate the lands and resources of indigenous populations. In the face of the privatisation of land, it was essential to add another article to the draft declaration on rights of indigenous people: indigenous peoples had an indivisible right to collective ownership of the land and territories that they had traditionally occupied, as well as to benefit from the resources of that land. The Subcommission should give the Working Group on Indigenous Populations a broader and more substantial mandate, and in order to justify its existence, the Working Group should give special attention to developing instruments that would fill the legal gap in the protection of indigenous groups around the world. The General Assembly should consider as a priority the creation of a forum for indigenous peoples. The Subcommission should also invite those who managed the Fund for the Decade of Indigenous Peoples to explain the criteria used to determine the use of the fund.
KAREN PARKER, of International Educational Development, said the group had made more than 15 missions to Mexico, especially to the Chiapas region; it had submitted a videotape to the High Commissioner for Human Rights showing the return of corpses of indigenous persons abducted in June by Mexican forces, and the use of tear-gas canisters from the United States; the situation in Chiapas stemmed from the persistent failure of the Government to address pressing concerns of Indian people in the area; now it had gone back on its commitment under the San Andres Accords it had signed; instead it was superseding them by a "presidential initiative" which did not, among other things, allow indigenous groups autonomy in addressing crimes by their traditional methods and did not allow them independence in respect to their lands and resources. The Government had done practically nothing for indigenous peoples in its entire history, so none of this was surprising; meanwhile it clearly sought to intimidate the Indian peoples by assassinating their leaders, raping their women, forcing them into camps or refuges, and militarizing their lands and villages. The Government also was deporting many international human-rights observers so that this assault on traditional peoples and cultures could not be reported to the world at large.
PANKAJ BHAN, of the International Institute of Peace, said that indigenous peoples throughout the world were grateful to the United Nations system for focusing on their problems. The quest for modernisation often did not take indigenous communities along the path of progress, and resulted in a vicious circle of regression, and social and psychological problems. The Kashmiri Pandit community were the original inhabitants of Kashmir, and had been driven out of their land by the forces of terrorism which were exported and nurtured by Pakistan. Backed by a neighbouring country, religious fundamentalism and terrorism raised its head, and about 1,500 members of this indigenous minority had been murdered in targeted attacks. As a result, almost the entire community had had to flee their traditional land and move to other parts of India. The Kashmiri Pandit community was a victim of the rise of terrorism in south Asia, but it was neither the first nor the last victim. This indigenous community was threatened by virtual extinction, not because it was lagging behind in the socio-economic march or because of bio-environmental factors, but because the forces of fundamentalism and terrorism were determined to eliminate it. Timely measures had to be taken to save the Kashmiri Pandit community.
ANN-KRISTIN HAAKANSOU, of the Saami Council, said it favoured holding the next session of the Working Group on Indigenous Populations at the United Nations Educational, Scientific and Cultural Organization (UNESCO) in Paris, as proposed, unless a clear majority of indigenous groups officially expressed opposition -- the Saami Council thought that meeting at UNESCO was a good idea and could lead to greater ties and coordination with that organization. It felt that the proposed study on the effects of private-sector energy and mining concerns should be carried out by Mrs. Daes, rather than by a separately appointed Special Rapporteur. It preferred celebrating the International Day of the World's Indigenous Peoples on the last day rather than the first day of the Working Group session each year. It thought the proposed themes for next year's session were overlapping, and suggested instead the themes of education and culture and indigenous peoples and tourism. It urged a quick recommendation to the Economic and Social Council that a permanent forum for indigenous peoples be established at a high level within the United Nations system.
TOMAS CONDORI, of the Indian Council of South America, said that in her inauguration of the Working Group on Indigenous Populations, Erica Irene Daes had noted that it was the most influential forum in the United Nations. There had been progress achieved as a result of the dialogue that took place in the Working Group. Subcommission experts had a positive influence on constitutional reform in some countries - in Bolivia, for example, the state recognised the cultural rights of indigenous peoples. However, in general indigenous peoples remained in a difficult situation. To improve this, it was necessary to educate indigenous peoples and their leaders on their rights and on the debates of the United Nations: groups were attempting to do this, via the Internet for example. Although the vast number of delegates who participated in the Working Group could hold up its work, for indigenous peoples, it remained the only forum in which they could make themselves heard, and it was very important to ensure that all delegates were given the possibility to speak.
WILTON LITTLECHILD, of the International Organization of Indigenous Resource Development, said the group welcomed the first round table by the World Intellectual Property Organization (WIPO) on the intellectual property of indigenous peoples; the process should be continued, as there had been many instances of theft that required immediate attention; it was vital that the theme "indigenous peoples and education" focus not on more resolutions but on action and implementation of international instruments; more States, meanwhile, should ratify International Labour Office Convention 169. Land-rights matters should continue to receive attention; there should be follow-up, especially on federal policies on "additions to reserves"; while it was very easy for indigenous groups to lose land, it was very difficult to add lands to existing reserves or to convert lands back to reserve status, even if indigenous groups had bought them. Concerning the study on indigenous treaties with States, the leaders and elders of the Four Cree Nations of Muskwachees, the Bear Hills area of Treaty No. 6, in the United States, were adamant that the treaty confirmed and was evidence of their right to self-determination, and was a document signed on a nation-to-nation basis; it must be honoured. The organization recommended a global conference on the treaty issue to be convened as part of observance of the International Decade of Indigenous Peoples.
HENRY KOJI-LI, of Human Rights Advocates, said that human rights violations and armed conflicts had been occurring for decades, directed primarily at the ethnic groups who lived in the mountainous border regions that surrounded Myanmar. Though the term 'ethnic group' was commonly used to describe the non-Burman peoples of Myanmar, they more closely resembled indigenous societies, having lived on their lands for centuries, maintaining their independence and rarely falling under Burmese rule. The ethnic groups of Myanmar provided a good example of how indigenous peoples were intimately tied to their land which provided their primary source of food, water, medicine and housing materials as well as being a source of their cultural identities. Government practices, such as forced labour, torture, and rape documented annually by the Special Rapporteur on Myanmar seriously disrupted the viability of indigenous communities and threatened their survival. Indigenous people were also threatened by multi-national corporations colluding with Government in violations of their land. Multi-national corporations had to be held accountable and responsible when their transactions had negative impacts on indigenous peoples. The Subcommission should support and recommend further research into the rights and relationship of indigenous peoples with their land; and should request the Special Rapporteur to include the ethnic groups of Myanmar in any report.
HR/SC/98/18
17 August 1998
Non-governmental organizations (NGOs) speaking before the Subcommission on Prevention of Discrimination and Protection of Minorities this morning urged action against what they said were systematic abuses of the rights and property of indigenous populations around the world.
A number of statements focused on difficulties with land -- NGOs alleged, for example, that oil exploitation had devastated the environment of the Ogoni people in Nigeria; that the Chiapas conflict in Mexico had resulted in the routing of indigenous communities from tribal lands by officially tolerated paramilitary groups; that transnational mining corporations with interests in Colombia were pressuring the Government to allow environmentally disruptive operations on tribal properties; that the Jummas of Bangladesh had lost access to their ancestral forests; that a proposed dam in Chile threatened the way of life of the Mapuche-Pehuenche people; that mining and other exploitation of Venezuelan forests were overriding indigenous groups' titles to the territory; and that sacred lands of the Dine and Hopi peoples in the Big Mountain region of the United States were being improperly violated.
It was also charged that the French socio-economic and legal system was being imposed unfairly on the indigenous people of French Guyana; that indigenous languages and cultures were in danger of disappearing in Nepal; that terrorism in Jammu and Kashmir was threatening to extinguish the Pandit culture; and that Government persecution decimated indigenous groups in the mountain and border regions of Myanmar.
The situation in Chiapas was mentioned repeatedly; NGO representatives claimed abuses committed there ranged from rape to disappearances to summary executions.
(More)
The following NGOs addressed the meeting: American Association of Jurists; Asian Buddhist Conference; North-South XXI; Centre Europe - Tiers Monde; Franciscans International; International Human Rights Association of American Minorities; International Peace Bureau; Movement Against Racism and for Friendship Among Peoples; European Union of Public Relations; World Federation of Mental Health; International Federation of Human Rights Leagues; Inuit Circumpolar Conference; Food First Information and Action Network; Indian Movement Tupac Amaru; International Institute of Peace; International Institute of Peace; Saami Council; Indian Council of South America; International Organization of Indigenous Resource Development; and Human Rights Advocates.
The Subcommission will reconvene at 3 p.m. to continue its discussion of the rights of indigenous populations.
Statements
VICTORIA MILLER, of the American Association of Jurists, said serious human-rights violations of the Ogoni people persisted; they continued to suffer under the combined authority of the Shell Oil Company and the Nigerian regime; over 35 years of oil exploitation by Shell had devastated the lands of the Ogoni, and although billions of dollars' worth of oil had been taken from the Ogoni region, the Ogonis had not received a cent; Shell used environmental standards there that were lower than average; streams and agricultural land were fouled, along with the air. Shell claimed that it paid taxes to the Nigerian Government for the oil, but none of it came back to the Ogoni people; instead the leaders had corruptly enriched themselves at the expense of the Ogoni people. Peaceful Ogoni demonstrations had led to severe reprisals, including the death of the celebrated Ogoni writer Ken Saro-Wiwa; Shell admitted it had helped supply weapons that had been used against the Ogoni. Nigeria must implement the recommendations of the observer mission of the Secretary-General that had gone to the region in 1996. A stop also must be put to genetic-patent programmes affecting indigenous peoples; genes could not belong to anyone, could not be bought or sold; genetic manipulation should not be a source of profit, and the risks of genetic contamination should be taken into account; the process should be kept at the service of all human beings and their well-being rather than be used to obtain profits for companies.
BIPLAB CHAKMA, of the Asian Buddhist Conference for Peace, said that he was speaking on behalf of the Jumma peoples of the Chittagong Hill Tracts in Bangladesh. He drew the attention of Subcommission expert Special Rapporteur Miguel Alfonso Martinez to the term used to refer to the indigenous people of the Chittagong Hill Tracts in Bangladeshi Law No. 12 of 30 June 1995: "indigenous hillman". In the Chittagong Hill Tracts in 1960, about 54,000 acres of agricultural land had been submerged by the Kaptai hydroelectric dam, displacing over 100,000, people many of whom remained landless. The military also played an important role in the Chittagong Hill Tracts which had been under military rule for the last 20 years or so. Jumma refugees who had now returned from India had been promised land as part of the repatriation agreement, but most of them were still waiting. Successive Governments had denied people of the area access to their natural resources, denying indigenous Jummas access to their primary resource base. A Peace Agreement, signed on 2 December 1997, provided for a Land Commission to settle disputes arising from conflicting land claims. However the implementation of the agreement had not taken place as had been hoped and most of the provisions remained pending. The United Nations, the international community and the Government of Bangladesh were requested to make efforts to ensure the land rights of the Jummas were recognised and the Peace Agreement was implemented.
I. GARCIA, of North-South XXI, said that in Chiapas, 20,000 indigenous inhabitants were refugees who suffered terribly, separated from their land and living in dire conditions; there was great land injustice in the region; for the indigenous and rural population, there had been many unkept promises; the little fertile land left that the indigenous people there owned was being privatized or threatened with privatization; economic, social and cultural rights were violated, and paramilitary intervention had been used to "solve" social problems; over 10 paramilitary groups operated outside the law and were tolerated by the military. The result of these policies was the breaking of the social fabric in indigenous communities -- displaced populations, killing and detention of autonomous representatives of the communities; the Government did not respect the independence and authority of indigenous leaders. The Government of Mexico must be urged to respect the commitments in the agreements it had signed in 1996; paramilitary groups must be disbanded, and those responsible for massacres be punished. Indigenous rights to land and culture must be respected. The Subcommission must call for an end to the systematic rights violations being committed.
C. HENRY, of Centre Europe-Tiers Monde, in collaboration with the World Federation of Democratic Youth, said that protection of indigenous peoples could only take place if their right to land was recognised. Globalization in the neo-liberal model was endangering the life and culture of indigenous peoples. Transnational corporations (TNCs) were putting pressure on the Columbian Government in order to build access routes and large dams that would cause irreversible damage to the culture and life of the indigenous peoples of Columbia. Of great current concern was the proposed New Mining Code that called into question the land rights of indigenous peoples, and was not in agreement with International Labour Office Convention 169 which was ratified by Columbia in 1991. Projects like oil prospecting dams, coal mining, and transnational communications projects among others, could result in serious violations of human rights. The members of the Subcommission were called on to urge the Columbian Government to: recognise the autonomy of indigenous people's territories; abandon the New Mining Code; apply the consultation procedure for any project that might endanger the integrity of indigenous peoples; and create a consultation process with indigenous authorities as stipulated in ILO Convention 169. Interventionary policies in the management of the resources and the economies of southern countries, by international financial institutions had catastrophic consequences for the economies of southern countries, and were especially negative for indigenous populations.
PHILIPPE LE BLANC, of Franciscans International, said the organization and the Dominicans felt that not enough progress was being made during the International Decade of the World's Indigenous People; in a number of situations, the survival and lives of indigenous people were being threatened. The organization was greatly concerned about the situation in Mexico, especially in Chiapas, Guerrero, and Oaxaca -- there were continuing serious violations and the Mexican Government had failed to implement the San Andrés Accords signed with indigenous groups; it had failed to negotiate seriously, the talks had broken off, there had been hostile Government behaviour, and paramilitary groups protected by the Government sowed terror and displaced indigenous communities; there was torture and impunity. The Government was pursuing a strategy of transferring the war to civil society and dividing and pitting communities and groups against each other. The Subcommission must give top priority to the matter, urge the Government to respect human rights, urge it to demilitarize the area, and urge it to honour the peace accords.
COLIN MCNAUGHTON, of the International Human Rights Association of American Minorities, urged the members of the Subcommission to exert the necessary efforts to establish a permanent forum for indigenous peoples in the United Nations system. It appeared that the Mexican Government was doing its utmost to keep the world from knowing the situation in Chiapas, as demonstrated by its lack of desire to accommodate human rights observers - 165 had been expelled from Mexico in 1998 alone. It was hoped that the Subcommission would investigate what appeared to be the continuing atrocities and impending massacres perpetrated by the Mexican federal army and state and judicial police, all acting with complete impunity. The low intensity war in Chiapas was created as part of a counter-insurgency plan dictated by the United States military and the Central Intelligence Agency C.I.A.; weapons and training were being provided by the United States. This 'dirty war' was happening because the indigenous peoples were standing in the way of corporate progress. President Zedillo had unilaterally altered the most crucial points of the San Andres Accords; when indigenous people attempted to set up autonomous municipalities as provided for under the Accords, these municipalities were attacked by the army and police. In the name of humanity, it was demanded that the human rights violations being committed by the Government of Mexico be halted.
MARCELINO DAZ DE JESUS, of the International Peace Bureau, said he was a federal deputy of the Chamber of Deputies of Mexico; he represented a non-partisan organization of indigenous people; the time had come to take clear and appropriate measures to guarantee the enjoyment of rights and freedoms of all peoples in Mexico. Since 1994, there had been serious and systematic violations of human rights of indigenous people in the country; there was great concern over the growing militarization of indigenous regions, the increasing influence of paramilitary organizations, and the total impunity enjoyed by those violating human rights in the militarized zones. There were summary executions, forced disappearances, rapes, and acts of torture; without rapid and effective response, the situation would deteriorate; the Subcommission must adopt a resolution to call for human-rights respect in Mexico, especially respect for the rights of indigenous people; the resolution should call for setting up a fair negotiating body for resolving the dispute; it should demand an end to violence, urge release of political prisoners, and request a clarification of disappeared detainees. It should call for trial and punishment if necessary of those responsible for human-rights abuses. He did not represent a political faction; he was impartial; he had come here because he could not see hope of a solution to the situation in Mexico without outside help.
ALEXIS TIOUKA, of the Movement Against Racism and for Friendship Among Peoples, said that while the situation had improved in some places around the world, France continued to impose its political, legal and socio-economic system on the indigenous people of French Guyana who constituted 12 per cent of the population. The indigenous peoples had never ceded their sovereignty to France, and had had the French concept of citizenship imposed upon them. France neglected the most elementary needs of the indigenous peoples of Guyana and was following a policy of assimilation that resulted in strengthening the socio-economic imbalance. The indigenous peoples of Guyana had been mismanaged by socio-economic and ecologic developments and by the non-recognition of their territorial rights. Transnational corporations had been authorised by the Government to mine in an area set aside for the creation of a national park which France had agreed to at the Earth Summit in Rio. France imposed its legal system on the indigenous peoples who had to deal with laws that took no account of their identity. There was only one international text ratified by France that recognised indigenous peoples which was the Convention on Biodiversity adopted at the Earth Summit.
DAMBAR BIR THAPA, of the European Union of Public Relations, said that Nepal had indigenous people divided into several castes and sub-castes; the country was multi-ethnic and had many native languages and ways of life and in general these groups lived together harmoniously; but what the Government and NGOs were doing for the larger interests of these people was inadequate. Many indigenous inhabitants were homeless and landless; some acted as carriers of luggage in the hilly regions, and some as domestic servants; some languages and cultures were on the verge of extinction; there should be an effort to give these languages and cultures a meaningful place in the national life before it was too late. The case of Kashmiri Pandits was another incident of how an entire culture was threatened; in this case the threat came because the Pandit community had had to flee its native land because of terrorism; the current Government of Jammu and Kashmir was trying to curb terrorism and allow the Pandits to return, but whenever some did return the terrorists stepped up their activities. Protecting indigenous peoples required conflict resolution and efforts by Governments and NGOs to preserve peace, stability, and tolerance.
WILDA SPALDING, of the World Federation for Mental Health, said that for years she had emphasised the need for the United Nations system to provide the same protection for natural sacred sites as it already did for man-made sacred places. As the land on which many indigenous people lived was often connected to the soul of their sacred ways, it was not surprising when there was a negative psychological impact when they were uprooted. While the reasons given for displacing people were many, the ethical excuses were nil. When people had been excised from the sacred space essential to their religious life, it was not possible to ensure observance of article 18 of the Universal Declaration of Human Rights. In Big Mountain, elders continued to emphasise that the land was sacred to both Dine and Hopi peoples. The Special Rapporteur on Freedom of Religion had visited Big Mountain, and his visit appeared to have been positive. The “Traditionals” of Big Mountain requested that the Special Rapporteur on the issues of displaced persons visit the region which was deeply linked to the sacred spaces of the Dine peoples. It was hoped that the psychological implications caused by forced displacement of indigenous peoples be taken into consideration within the context of norms promoting and protecting mental health.
MYLENE BIDAULT, of the International Federation of Human Rights Leagues, said the rights of the Mapuche-Pehuenche people of Chile faced a serious threat in the planned construction of the Ralco hydroelectric dam; over 600 hectares of traditional lands would be flooded, damaging the group's traditional way of life; national laws did seek to protect indigenous interests, but several Mapuche-Pehuenche families ceded land for the project under what appeared to be questionable circumstances and pressure applied by the Endesa company, one of the most powerful firms in Chile; some access roads already had been built, giving the impression that the dam was a fait accompli. The dam in fact appeared to be a test case of whether or not the Government would truly respect indigenous laws and its commitment to protect their cultures; the CONADI group, intended to represent indigenous interests, had had its recommendation on the matter refused by the Government which appeared to be prejudiced against it. The Chilean Government must plainly apply the laws it had put into effect to protect indigenous rights, including those of the Mapuche-Pehuenche people.
HJALMAR DAHL, of Inuit Circumpolar Conference Greenland, said that there had been a conference in Nuuk, Greenland, with participation from all regions in the Arctic as well as from indigenous peoples in other parts of the world such as Australia, Belize and Scandinavia. The recommendations and mandate given to the Inuit Circumpolar Conference by the Innuit people were to protect and support the draft declaration on the Rights of Indigenous Peoples adopted by the Working Group on Indigenous Peoples; the provisions of the draft declaration were being considered as minimum standards and no attempts to weaken the draft would be accepted. It was essential that indigenous peoples had the right to self-determination and to freely determine political status, and pursue economic, social and cultural life and development. It was of utmost importance to make the proposed forum for indigenous peoples a reality; this forum should include equal participation of indigenous peoples and Governments, and should become a partner to other United Nations agencies within the UN regular budget. The forum should be placed at the highest possible level of the UN system.
CARLOS EDUARDO FIGNEROA, of Food First Information and Action Network, said the Imataca forest reserve region of Venezuela was threatened by a plan for territorial organization and for forests; the plan was developed without consulting indigenous peoples of the area; the Government had denied the interests of indigenous peoples despite recognizing the rights of the people in its Constitution and laws; the Ministry of Agriculture had the responsibility of establishing agrarian plans, and was required to respect the lands and waters of indigenous groups; collective property ownership of land by indigenous people was to be recognized. It was to be noted that Venezuela had not ratified relevant International Labour Office conventions that might provide greater protection for indigenous groups; five forest reserves were on indigenous people's lands; others occupied more forest regions; frequently these people were not given rights to their lands, at least in practice; in 26 years, only 11 titles to land had been given to indigenous groups, although over 300 such groups existed. Permits to mining had been given to some areas although the Government department doing so was not competent to issue them; mining activities had been stepped up; five gold mines had begun, sheltered under a ministerial decree; a scheme was under way to legalize business occupation of the area involved, which belonged to indigenous people. The Subcommission should establish a report evaluating the violation of basic human rights suffered by indigenous people in the Imataca forest area.
LAZARO PARY, of the Indian Movement Tupaj Amaru, said that the document prepared by Subcommission expert and Special Rapporteur Erica-Irene Daes on the relationship of indigenous people to their land supported the age-old claims of indigenous populations to their lands. The preliminary study had an analytical weakness: decisive economic factors that were reasons for despoiling land were not taken into consideration. The problem of land and the Indians should be approached in the context of the prevailing international system, taking into consideration globalization that permitted international corporations to appropriate the lands and resources of indigenous populations. In the face of the privatisation of land, it was essential to add another article to the draft declaration on rights of indigenous people: indigenous peoples had an indivisible right to collective ownership of the land and territories that they had traditionally occupied, as well as to benefit from the resources of that land. The Subcommission should give the Working Group on Indigenous Populations a broader and more substantial mandate, and in order to justify its existence, the Working Group should give special attention to developing instruments that would fill the legal gap in the protection of indigenous groups around the world. The General Assembly should consider as a priority the creation of a forum for indigenous peoples. The Subcommission should also invite those who managed the Fund for the Decade of Indigenous Peoples to explain the criteria used to determine the use of the fund.
KAREN PARKER, of International Educational Development, said the group had made more than 15 missions to Mexico, especially to the Chiapas region; it had submitted a videotape to the High Commissioner for Human Rights showing the return of corpses of indigenous persons abducted in June by Mexican forces, and the use of tear-gas canisters from the United States; the situation in Chiapas stemmed from the persistent failure of the Government to address pressing concerns of Indian people in the area; now it had gone back on its commitment under the San Andres Accords it had signed; instead it was superseding them by a "presidential initiative" which did not, among other things, allow indigenous groups autonomy in addressing crimes by their traditional methods and did not allow them independence in respect to their lands and resources. The Government had done practically nothing for indigenous peoples in its entire history, so none of this was surprising; meanwhile it clearly sought to intimidate the Indian peoples by assassinating their leaders, raping their women, forcing them into camps or refuges, and militarizing their lands and villages. The Government also was deporting many international human-rights observers so that this assault on traditional peoples and cultures could not be reported to the world at large.
PANKAJ BHAN, of the International Institute of Peace, said that indigenous peoples throughout the world were grateful to the United Nations system for focusing on their problems. The quest for modernisation often did not take indigenous communities along the path of progress, and resulted in a vicious circle of regression, and social and psychological problems. The Kashmiri Pandit community were the original inhabitants of Kashmir, and had been driven out of their land by the forces of terrorism which were exported and nurtured by Pakistan. Backed by a neighbouring country, religious fundamentalism and terrorism raised its head, and about 1,500 members of this indigenous minority had been murdered in targeted attacks. As a result, almost the entire community had had to flee their traditional land and move to other parts of India. The Kashmiri Pandit community was a victim of the rise of terrorism in south Asia, but it was neither the first nor the last victim. This indigenous community was threatened by virtual extinction, not because it was lagging behind in the socio-economic march or because of bio-environmental factors, but because the forces of fundamentalism and terrorism were determined to eliminate it. Timely measures had to be taken to save the Kashmiri Pandit community.
ANN-KRISTIN HAAKANSOU, of the Saami Council, said it favoured holding the next session of the Working Group on Indigenous Populations at the United Nations Educational, Scientific and Cultural Organization (UNESCO) in Paris, as proposed, unless a clear majority of indigenous groups officially expressed opposition -- the Saami Council thought that meeting at UNESCO was a good idea and could lead to greater ties and coordination with that organization. It felt that the proposed study on the effects of private-sector energy and mining concerns should be carried out by Mrs. Daes, rather than by a separately appointed Special Rapporteur. It preferred celebrating the International Day of the World's Indigenous Peoples on the last day rather than the first day of the Working Group session each year. It thought the proposed themes for next year's session were overlapping, and suggested instead the themes of education and culture and indigenous peoples and tourism. It urged a quick recommendation to the Economic and Social Council that a permanent forum for indigenous peoples be established at a high level within the United Nations system.
TOMAS CONDORI, of the Indian Council of South America, said that in her inauguration of the Working Group on Indigenous Populations, Erica Irene Daes had noted that it was the most influential forum in the United Nations. There had been progress achieved as a result of the dialogue that took place in the Working Group. Subcommission experts had a positive influence on constitutional reform in some countries - in Bolivia, for example, the state recognised the cultural rights of indigenous peoples. However, in general indigenous peoples remained in a difficult situation. To improve this, it was necessary to educate indigenous peoples and their leaders on their rights and on the debates of the United Nations: groups were attempting to do this, via the Internet for example. Although the vast number of delegates who participated in the Working Group could hold up its work, for indigenous peoples, it remained the only forum in which they could make themselves heard, and it was very important to ensure that all delegates were given the possibility to speak.
WILTON LITTLECHILD, of the International Organization of Indigenous Resource Development, said the group welcomed the first round table by the World Intellectual Property Organization (WIPO) on the intellectual property of indigenous peoples; the process should be continued, as there had been many instances of theft that required immediate attention; it was vital that the theme "indigenous peoples and education" focus not on more resolutions but on action and implementation of international instruments; more States, meanwhile, should ratify International Labour Office Convention 169. Land-rights matters should continue to receive attention; there should be follow-up, especially on federal policies on "additions to reserves"; while it was very easy for indigenous groups to lose land, it was very difficult to add lands to existing reserves or to convert lands back to reserve status, even if indigenous groups had bought them. Concerning the study on indigenous treaties with States, the leaders and elders of the Four Cree Nations of Muskwachees, the Bear Hills area of Treaty No. 6, in the United States, were adamant that the treaty confirmed and was evidence of their right to self-determination, and was a document signed on a nation-to-nation basis; it must be honoured. The organization recommended a global conference on the treaty issue to be convened as part of observance of the International Decade of Indigenous Peoples.
HENRY KOJI-LI, of Human Rights Advocates, said that human rights violations and armed conflicts had been occurring for decades, directed primarily at the ethnic groups who lived in the mountainous border regions that surrounded Myanmar. Though the term 'ethnic group' was commonly used to describe the non-Burman peoples of Myanmar, they more closely resembled indigenous societies, having lived on their lands for centuries, maintaining their independence and rarely falling under Burmese rule. The ethnic groups of Myanmar provided a good example of how indigenous peoples were intimately tied to their land which provided their primary source of food, water, medicine and housing materials as well as being a source of their cultural identities. Government practices, such as forced labour, torture, and rape documented annually by the Special Rapporteur on Myanmar seriously disrupted the viability of indigenous communities and threatened their survival. Indigenous people were also threatened by multi-national corporations colluding with Government in violations of their land. Multi-national corporations had to be held accountable and responsible when their transactions had negative impacts on indigenous peoples. The Subcommission should support and recommend further research into the rights and relationship of indigenous peoples with their land; and should request the Special Rapporteur to include the ethnic groups of Myanmar in any report.