SUB-COMMISSION DISCUSSES REPORTS ON HUMAN RIGHTS AND HUMAN GENOME, WORKING GROUP ON INDIGENOUS POPULATIONS

MORNING




The Sub-Commission on the Promotion and Protection of Human Rights this morning continued its debate on specific human rights issues by discussing a report on human rights and the human genome.

The Sub-Commission also re-opened briefly its debate on issues related to the prevention of discrimination to hear the Chairperson/Rapporteur of the Working Group on Indigenous Populations present a report on the twenty-second session of the Working Group.

Antoanella-Iulia Motoc, Sub-Commission Expert and Special Rapporteur on human rights and the human genome, presented her report, saying that recent developments in the field of genetics appeared to have given rise to new conflicts between the right to health, the right to intellectual property and human rights regimes. The study had tried to analyse a part of these conflicts from a human rights perspective whilst taking into account several issues: the human genome; the common heritage of humanity; the genetic manipulation of humanity and human rights; discrimination; and intellectual property and genetics. Public education was necessary in order to protect the confidentiality of genetic data, and to avoid discrimination.

In the inter-active dialogue that followed, Experts asked questions and made comments on such related issues as whether the potential misuse of information on the human genome offset the advantages, the dilemma between privacy protection and anti-discrimination measures, the use of genetics for benign measures, the issue of Iceland, the issue of profit-making for companies involved in genetic research, and the digital gap as seen from this context. Experts generally agreed that Ms. Motoc should be given further resources and opportunities for carrying out her work.

Presenting the report of the Working Group on Indigenous Populations at its twenty-second session, the Chairperson/Rapporteur Miguel Alfonso Martinez said the Working Group had attempted to improve its working time by using it appropriately. The issue of conflicts and their causes had been discussed, prompting the Group to study more deeply the causes of conflict in societies where indigenous peoples lived. The contradictions arising from land ownership and the right to self-determination had also been discussed.

Experts raised various questions on the report, including on the work of the Working Group as linked to that of the Permanent Forum on Indigenous Issues, and the issue of conflict resolution, in particular in the context of land rights.

Experts taking the floor this morning included Lalaina Rakotoarisoa, Kalliopi Koufa, Gaspar Biro, El-Hadji Guisse, Halima Embarek Warzazi, Gudmundur Alfredsson, Ibrahim Salama, and Jose Bengoa.

The representative of Guatemala addressed the Sub-Commission. Also speaking were the following non-governmental organizations: United Nations Watch, Foundation of Japanese Honorary Debts, International Educational Development, World Organization against Torture, Movement against Racism and for Friendship among Races and Peoples, International Federation of Human Rights Leagues, Fraternité Notre Dame, Association of World Citizens, Asian Indigenous and Tribal Peoples Network, Pax Romana, Interfaith International, Indigenous World Association, American Association of Jurists, International Indian Treaty Council, and World Association for School as an Instrument of Peace.

The Sub-Commission will reconvene this afternoon at 3 p.m., when it will continue to hear statements on specific human rights issues, including women and human rights, contemporary forms of slavery, and new priorities, in particular terrorism.

Statements on Specific Human Rights Issues

JARDENA LANDE, of United Nations Watch, said the United Nations had a vital role in protecting women’s rights and it had taken important steps recently. A new Rapporteur would fight trafficking in women and children. The problem of United Nations and humanitarian workers abusing women from local communities had prompted the Secretary-General himself to address the issue, signalling how intolerable this issue was. The problem of forced and early marriage severely impacted young women and girls in Africa and Asia, as well as 1,000 European girls sent each year to their countries of origin for involuntary marriages. The United Nations should combat the atrocious practice of female genital mutilation. An estimated 135 million girls and women were victims, while each year another 2 million were at risk. The most severe assault against women today was occurring in Darfur region of Sudan.

W.K. LAMAIN, of Foundation of Japanese Honorary Debts, said its aim was to bring into the open the violation of human rights by the Imperial Japanese Government and to obtain acknowledgement of the physical, mental and material damage brought upon the victims. The organization had been working to obtain from the Japanese Government an official declaration of regret, accompanied by financial compensation for the wrongdoing to men, women and children. During the Second World War, Japan had systematically violated international conventions and had never been condemned for this. Japan had a moral obligation to compensate for the loss of lives, physical and mental injuries as well as material losses, and this was in order to regain the respect of the victims and to resolve a problem that had existed for almost 60 years. Only then could the next generations build a respectful and friendly relationship with Japan. The Sub-Commission was urged to draw attention to this issue.

KAREN PARKER, of International Educational Development, said she was pleased that the Government of Morocco had promulgated a new family law that significantly improved the rights of women in all areas of life. The new family law provided for the essential equality of men and women in all areas of family life – marriage, divorce child custody, inheritance of sons and daughters – even making the minimum age for marriage the same for both men and women. She hoped that the legislation would prove a model for similar legislation in other States. Most importantly, that new law showed that full realization of international norms relating to women was not incompatible with Islam. On a different topic, she said that the issue of terrorism and human rights had long been a key concern of her organization, which had twice successfully challenged United States laws on counter-terrorism measures. She pointed out the dangers when States underwent political crises that made governance impossible and made them resort to State terrorism.

GAELLE CARAGON, of World Organization against Torture, said there was concern for the issue of honour crimes. The Special Rapporteur on traditional practices affecting the health of women and girls as well as other relevant Special Rapporteurs and the human rights treaty bodies should actively take up the issue of honour crimes in their work, and should intensively promote both legislative measures and educational, social and other awareness-raising activities aimed at overcoming the negative influence of certain traditional and customary ideas on controlling women’s sexuality. Violence and other serious human rights violations related to trafficking in women and girls had in recent years become a subject of concern for Governments, inter-governmental institutions and non-governmental organizations; it continued to be a growing problem across the world, and while the traffickers often went unpunished, trafficked women were frequently treated as criminals or even subjected to torture or other forms of violence by State officials such as the police and border guards.

GIANFRANCO FATTORINI, of Movement against Racism and for Friendship among Peoples, said the Movement strongly condemned all acts of internal and international terrorism, whether it were the work of a State or non-state actors. The Movement, however, distinguished terrorism and the exercise for the right to self-determination, having in mind the difference between them. The Movement considered that the State was responsible for the promotion and protection of human rights and it was up to the States to fulfil their obligations under international law. It was true that the events of 11 September had produced a wave of emotional and political shock at the international level and the fight against terrorism had become a priority of all inter-governmental systems, thus leaving behind the fight against drugs. The long fight against drug trafficking did not hamper their production and extensive use.

GEMMA ZANELLATO, of International Federation of Human Rights Leagues, said attacks committed against civilian populations could not be justified and their perpetrators should be judicially pursued and sanctioned, in the context of the strict respect of universal standards of protection of human rights. However, the international war against terrorism which followed the tragic events of 11 September 2001 had caused a global trend: force was prioritized over law. Repressive attitudes by Governments had taken place, which, in the context of the fight against terrorism had voted for repressive security laws, with illegal restrictions in the context of international law of the freedoms of expression, information, manifestation, and others. The priority given by States to security was shown in a growth of arbitrary behaviour and a rejection of human rights. The fight against terrorism, although legitimate and necessary, was often turned away from its primary objective to serve the interests of regimes that did not respect human rights or its defenders.

MARIE SABINE LEGRAND, of Fraternité Notre Dame, said her organization had been carrying out humanitarian work to serve those in need, particularly women, children and the rights of human beings. In 2004 in France, 1 million children were living below the poverty line. The rights of children were part of the rights of human beings, but parents’ obligations vis-à-vis their children were not discussed. In Haiti, Niger, Mongolia and he United States thousands of children were in the hands of Fraternité Notre-Dame which saved them from dying, hunger, violence, drugs and prostitution. They were fed and nurtured in centres run by religious missions.

JOELLE PERRACHON, of Association of World Citizens, said Falun Gong practitioners who had survived Chinese force labour camps had worked like slaves, under continuous torture and persecution, solely because they practiced this method of Qigong. They had been sent without trial into these camps thorough the total eradication campaign led by Chinese authorities since July 1999, and which explained why the products made in China were so inexpensive. Work conditions in these camps were so inhumane that they could be defined as slavery. Major consumer goods were produced by this enormous gratuitous workforce, most of which was for export. This system equated to veritable economic slavery set up and maintained by the Chinese Government; it violated the Chinese Constitution and international laws, and encouraged corruption, torture, and organized crime. The Sub-Commission should continue to make maximum efforts to have the origin of products verified so that all forced labour camps could be closed.

SUHAS CHAKMA, of Asian Indigenous and Tribal Peoples Network, said that terrorism in all its forms and manifestations needed to be unequivocally condemned. There was no doubt that States had legitimate reasons, rights and duties to take all due measures to eliminate terrorism to protect their nationals, human rights, democracy and the rule of law and to bring the perpetrators of such acts to justice. However, in the post 11 September period, it had increasingly become difficult to make distinction between State terrorism and terrorism. The lack of procedural safeguards against human rights violations under the anti-terrorist laws was well known. Those laws usually did not contain a precise definition of terrorism, and provided for harsh punishments, including the death penalty, regardless of the absence of the required higher standards of security. The arbitrary detention of detainees in Guantanamo Bay, the categorization of Uighur minorities in China as terrorists and their subsequent executions, the indefinite detention of non-nationals without charge or trail in the United Kingdom ,the provisions for immunity from prosecution for officials in India and Russian on the basis of acting in good faith, among others, were acts of concern.

Statements by Experts on Report on Traditional Practices Affecting the Health of Women and the Girl Child

Lalaina Rakotoarisoa (Sub-Commission Expert) said with regard to the report of Ms. Halima Embarek Warzazi on the traditional practices affecting the health of women and the girl child, she should be congratulated for her excellent work in the promotion of women’s rights in particular. It was the community that determined the social relations that ruled affairs in society, and this included the social conduct of its members. Many societies were built on the concept of preserving collective honour. It was on the basis of this concept and wisdom that society built a link with the sexual behaviour of women without taking into account whether it was in conformity with international norms and standards. This fight should be carried out with tact and patience, as said by Ms. Warzazi. The absolute necessity of raising awareness to change mentalities and the information that these harmful traditional practices could threaten the health and life of women should be given primary importance. It had been carried out in a very specific manner, and had been crowned with success in some areas.

Another point that had been raised was that of HIV/AIDS, and the risk of infection as linked to female genital mutilation. The fight against HIV/AIDS was a commitment relating to the rights of human beings, and was a challenge for humanity as a whole, which should work together to overcome it. The ways in which HIV/AIDS was transmitted were silent, and destroyed society and the individual. Those who carried the virus were suffering from discrimination and losing their employment and resources. The cost of medicine was excessive, and prevention was absolutely necessary. Very young women were at stake here, as many were not aware of the benefits of virginity in this context. The distribution of condoms could lead to debauchery.

KALLIOPI KOUFA (Sub-Commission Expert) said the report of the Special Rapporteur Ms. Warzazi was a good achievement. Many countries, where female genital mutilation was not widespread, had put in place legislation criminalizing the practice. Further effects should be made to eliminate other forms of practices affecting women and the girl.

GASPAR BIRO (Sub-Commission Expert) said Ms. Warzazi was to be congratulated for her efforts over the years to keep this important issue on the agenda of the Sub-Commission. Women’s lives were made hell by these practices, especially female genital mutilation. The conclusions of Ms. Warzazi were supported, in particular that these practices could not be eradicated overnight. Education, persuasion and awareness raising should have a primary role in this task, with the medical issues put at the forefront rather than the traditional aspects of the practice. Female genital mutilation reflected male domination, and this should be emphasized when discussing this issue. It was hoped that in the future Ms. Warzazi would have more opportunities and resources to continue this work.

MIGUEL ALFONSO MARTINEZ (Sub-Commission Expert) said Ms. Warzazi had been fighting against the practice of female genital mutilation for a long time and should continue with her endeavours. The main issue in the study was to identify the root causes within traditional practices. The health of women was at risk by such practices. It was not only the legal mechanisms put in place that would eliminate the phenomenon but energetic efforts exerted by all. He reiterated his appreciation for the work of Ms. Warzazi.

Presentation of Report on Human Rights and the Human Genome

ANTOANELLA-IULIA MOTOC (Sub-Commission Expert), Special Rapporteur on human rights and the human genome, said that recent developments in the field of genetics appeared to have given rise to new conflicts between the right to health, the right to intellectual property and human rights regimes. The study had tried to analyse a part of these conflicts from a human rights perspective whilst taking into account four issues: the human genome; the common heritage of humanity, the genetic manipulation of humanity and human rights; discrimination; and intellectual property and genetics. Her preliminary report tried to examine the issue of discrimination in genetics, an issue that would be further analysed in the report presented to the Commission on Human Rights at its next session.

Genetic discrimination described differentiated treatments between individuals on the basis of presumed or real genetic differences (social discrimination), which was distinguished from discrimination based on the manifestation of symptoms of a hereditary illness (medical discrimination). Genetic discrimination could be distinguished from traditional discrimination based on a physical handicap. It was not based on the actual abilities of the individual, and implied a calculation of the risk of future dysfunction of the person, and the financial implications linked to this. As in other fields, this form of discrimination particularly affected vulnerable groups such as women, children, and indigenous populations. The majority of national law provisions on genetic discrimination had a general scope and application, and were a substantial but still insufficient legal framework. In developed countries, new laws and proposed laws were appearing that were specifically relevant to genetics.

Current doubts linked to the confidentiality of genetic data were an obstacle to the progress of genetic testing. The respect of the autonomy of the individual could constitute the basis of the argument that individuals should not be forced to acquire genetic information on themselves. Genetic information could prove to be beneficial, but only if the negative effects of this benefit were avoided by regularizing or forbidding other uses of genetic information that had been collected in order to respond to the needs of a patient. Public education was necessary in order to protect the confidentiality of this data, and to avoid discrimination. It had become crucial to take seriously into consideration eventual failures of new genetic technologies before generalizing their application. Also, the implications of genetic tests should be evaluated from the perspective of public health. (The report E/CN,4/Sub.2/2004/38) was not immediately available).

Statements on the Report on Human Rights and the Human Genome

EL-HADJI GUISSE (Sub-Commission Expert) said there was human interest to carry out a study on the human genome and human rights. Certain practices had endangered people. However, if carried out correctly, the study on the human genome would be beneficial for all. The study would be helpful to make people understand the issue, and the manner in which tests and consultations were carried out. In the area of health, people should understand why tests were made. Some pharmaceutical companies had carried tests on certain diseases and had their research had had satisfactory results. The international corporations and pharmaceutical companies should respect the results of the research. The poor people should be able to benefit from the outcome of the research. Certain findings should not be detained from being used widely in the name of intellectual property. The benefits of research did not take the place it should occupy in the twenty-first century, and that was why the Sub-Commission had asked Ms. Motoc to carry out the study on the human genome. The issue of the human genome was a question of survival for all.

KALLIOPI KOUFA (Sub-Commission Expert) said it was a difficult issue which was being assessed by non-scientists, but it was clearly a cutting-edge issue. The potential misuse of information could greatly offset the advantages. Genetic screening created ethical questions of enormous proportions, and discriminatory attitudes towards the disabled were an important part of the issue. It was recommended that the Special Rapporteur be supported by the Secretariat to hold discussions with representatives of the Economic and Social Council. The conclusions of the report were endorsed.

GASPAR BIRO (Sub-Commission Expert) said it was a concise, well-written and comprehensive report which should be read together with the one submitted last year. The work should be continued and given more resources and opportunities to examine all the problems raised in this field. It was a largely uncharted territory as far as the dangers of genetic engineering were concerned. As far as the report was concerned, the short, precise and elegant working definition of genetic discrimination was to be commended. Attention was rightly drawn to vulnerable groups, indigenous peoples and the handicapped as mentioned in the previous report, as well as those living in extreme poverty; these vulnerable groups were the most likely to be exploited in this field. The major dilemma present was between privacy protection and anti-discrimination measures, and the use of genetics for benign measures, in particular in the field of healthcare. There were already methods and practices in the field of medical genetics which were useful, but in this regard, the problem of access was very important, because genetic surgery cost a lot, and only reached those in a position to resort to such methods and therapy. For the future this should also be kept in mind. The future work of Ms. Motoc was supported, and she ought to be given more resources and opportunities in order to produce a final report, with possible future follow up on a comprehensive human rights instrument covering this field.

HALIMA EMBAREK WARZAZI (Sub-Commission Expert) said that in light of the report, one could say that the study should lead to recommendations to Governments so that they take preventive measures against discrimination against the study of the human genome. The report presented today showed that the majority of natural legal provisions were incomplete and the Rapporteur contributed to remedy the situation in the use of human genome. Any attempt to surpass science should be combated. The Sub-Commission should continue to follow the issue.

GUDMUNDUR ALFREDSSON (Sub-Commission Expert) said the report had been a learning process for its readers. The report referred to Iceland, and was not nearly critical enough. The Expert would provide the Special Rapporteur with documentation, both administrative and medical, before the next report, and he looked forward to reading an analysis of this information.

IBRAHIM SALAMA (Sub-Commission Expert) said the study showed how human competence could be surpassed by science. The situation of the human genome could also be seen from the point of view of profit making and marketing of certain scientific findings. It might be of use if there was a means to ensure it was not to be concentrated on individual discrimination. As in the case of the gap on digital divide, there was also a gap in the study on the human genome.

JOSEPH RAJKUMAR, of (Pax Romana) said the work done on this subject had been closely followed. Today, the knowledge-based economy was focused on technology, including information and communication technology and biotechnology. There were only a few international norms covering science and technology, and this needed to be remedied. With regard to genetic discrimination, genetics had in the past caused genocidal incidents based on its misinterpretation. The cloning of the human embryo was also of concern and required attention by the Sub-Commission. With regard to the fact that much genetic data today was in the hands of corporations and Universities, it would be interesting for the Special Rapporteur to examine the compatibility between international norms and the human genome. UNESCO was the only global forum which was working to find a code of ethics for scientists, and these would be self-imposed and self-regulatory, and it would be good for the international community to examine this issue further. The issue of privacy in biometrics and genetics was also worthy of further attention. Regarding bio-trafficking, this needed to be combated, and much needed to be done here.

Presentation of the Report of the Working Group on Indigenous Populations

MIGUEL ALFONSO MARTINEZ (Sub-Commission Expert), Chairperson-Rapporteur on the Working Group on Indigenous Populations, presented the report (E/CN.4/Sub.2/2004/28) of the Working Group at its twenty-second session, saying that this year the Group followed a different working method to give time to many participants. It also attempted to improve its working time by using it appropriately. The issue of conflicts and its causes had been discussed prompting the Group to deeply study the causes of conflicts in any societies in which the indigenous peoples lived. The contradictions arising from land ownership and the right to self-determination had also been discussed. The Group would take into consideration a legal law or an international standard on informing the indigenous peoples on the human genome and tests. That matter would be taken up in 2005.

The Economic and Social Council was expected to give its word on certain issues regarding indigenous peoples. The Permanent Forum on Indigenous Rights and the Working Group would also work together on common issues. The General Assembly would also take decision on organizing seminars to consider prevention conflicts and redress those situations. Next year, the Sub-Commission would have a working paper on climate changes by one of its Experts. The Group would also continue with its efforts in contributing to the work of the Sub-Commission.

The report details the organization of the session, including attendance, documentation, the opening of the session, the election of officers, the adoption of the agenda, the organisation of work, and the adoption of the report. The report also covers the major issues raised by participants, which were the review of developments pertaining to the promotion and protection of human rights and fundamental freedoms of indigenous peoples; standard-setting activities; and other matters. It also includes the conclusions and recommendations of the Working Group on various topics that were considered, including indigenous people and conflict resolution; cooperation with other United Nations bodies; and the International Decade of the World’s Indigenous People.


Statements on the Report of the Working Group on Indigenous Populations

ANTOANELLA-IULIA MOTOC (Sub-Commission Expert) said the Working Group on Indigenous Populations began work on methods involving activities of non-governmental organizations (NGOs) as was said, and had worked with NGOs and their very helpful documents. An interactive participatory relationship existed, and there was favour for some equivalence between the Working Group and the Forum which did not currently exist. Indigenous communities would like the Working Group to continue, as it paid more attention to human rights, whereas the Forum was linked to a kind of technical cooperation, and the specificities of the human rights of indigenous peoples were not covered.

EL-HADJI GUISSE (Sub-Commission Expert) said he fully endorsed the views expressed by Mr. Alfonso Martinez. He said that there was complimentarily between the work of Ms. Daes and that of the Working Group. The work should continue in the spirit of contributing to the well being of indigenous peoples.

JOSE BENGOA (Sub-Commission Expert) said the importance of the Working Group on Indigenous Populations and its work were clear. It had been shown that the Working Group had been consolidated, its mandate, task and mission were clear. It was striking to see the sheer number of people and leaders of communities who came to the session, and it was believed that the Forum was perhaps the principle body for the rights of indigenous peoples in the Sub-Commission. The members of the Working Group should be congratulated for this development. The question of conflict resolution was of the greatest importance, particularly given its ramifications for arbitration and other topics. The Working Group on Minorities had been working on the same area of concern, and perhaps thought should be given to joint work. It was the path of mediation, reconciliation and arbitration that should be followed. The soft law approach was the most productive, and there should be an eventual link-up with efforts made elsewhere in this respect, and guidelines formulated, as they were far more effective than hard law and treaty provisions, which were not always respected. An awareness of best practice was evolving, and that in the context of current globalization.

GUDMUNDUR ALFREDSSON (Sub-Commission Expert) said he had been secretary of the Working Group on Indigenous Populations in the nineties and he was an enthusiast supporter of the work of the Working Group, the Permanent Forum and other bodies on the rights of indigenous peoples. He thanked Mrs. Daes and Mr. Martinez for their work.

Mr. SHARUKH, of Interfaith International, commenting on the report on the twenty-second session of the Working Group on Indigenous Populations, said the recommendation for the Second Decade for the World’s Indigenous Peoples was welcomed, but it should not conceal that there continued to be serious impediments to the realization of the rights of indigenous peoples around the world. The work of the previous Decade was incomplete. The Sub-Commission should support the Second Decade, and continue its work. The different bodies of the United Nations dealing with indigenous peoples all had different roles, and none should be allowed to disappear. This year’s theme at the Working Group Session had been conflict-resolution, and the recommendations in paragraph 113 on this issue was supported fully, as was that in paragraphs 114 and 118 on treaties and their implementation. The Chairman was thanked for his expertise and leadership, and his thorough and progressive report, and the Sub-Commission urged him to continue to work to improve the situation of indigenous peoples around the world.

CARLOS ARROYAVE (Guatemala) said the Working Group on Indigenous Populations was a source of ideas and experiences within the United Nations system concerning the rights of indigenous peoples. Due to the growing participation of indigenous organizations and to the request of the Mayan representatives, Guatemala supported the continuation of the Working Group on Indigenous Peoples. Guatemala would also continue supporting both Voluntary Trust Funds, for the Decade and for Indigenous Peoples. His delegation was making advance preparations for the second indigenous decade. Guatemala was a multi-ethnic, multi-cultural and multi-linguistic state. The Government was making efforts to implement the Peace Agreements. Guatemala encouraged other states and international bodies organizing meetings to provoke certain facilities and considerations to indigenous representatives, including visas. Guatemala supported the theme of indigenous peoples and domestic and international protection of traditional knowledge at the twenty-third session of the Working Group and suggested the discussion on conflict resolutions.

RONALD BARNES, of Indigenous World Association, said the report on the twenty-second session was evidence that the Working Group on Indigenous Populations was a necessary body for raising indigenous issues with the aim of reviewing developments and promoting standard setting. Paragraph 117, calling for a working paper dealing with conflicts between indigenous traditional sources of authority and State-designated institutions and representatives and exploring the possible role that could be played by domestic and international third parties in brokering agreements for the peaceful resolution of conflicts affecting indigenous peoples was potentially a constructive tool for resolving conflicts in the future. The was an absolute need to do more focused work to substantively resolve conflicts that indigenous peoples faced today.

JAIME VALDES A., of American Association of Jurists, said the Working Group had considered the conflict situation on indigenous affairs but little had been done to recognize indigenous rights in many countries. Chile had refused to recognize International Labour Office Convention 169 on the rights of indigenous peoples. Major investments, such as mines, in the Mapuche territories in Chile, had inflicted heavy damages on those people. Their biodiversity had also been damaged. The negative consequences had obliged those peoples to resettle elsewhere. In Chile, the use of violence to settle indigenous conflicts had become commonplace. The Government had continued to detain and kill those people fighting for their rights. The current legislation against terrorism had also encouraged the Government to take repressive measures against the revolting Mapuche. The situation of the Mapuche in Chile had continued to deteriorate.

ANTONIO GONZALES, of International Indian Treaty Council, said indigenous peoples of the Western hemisphere were the evidence, the proof of their existence, of their rights to the lands, the waters, and custodians of the natural world, and this had been established long before the coming of the pale face. Today indigenous peoples of the world continued to assert and express themselves with the spirit of dedication from their ancestors, and the sincerity of their communities to struggle for their inherent and pre-existing rights. It was necessary due to the complexity of issues to work with the United Nations specialized agencies to work on the disappearance of lands when possible, and to reduce the harmful effects of global warming which had drowned the sacred lands of indigenous peoples. Work on the Second Decade should include incorporation of the Millennium Development Goals. There was full support for the collective rights of indigenous peoples and for the adoption of the draft Declaration in its current form, anything short of which would cause demoralization.

JOSHUA COOPER, of World Association for Schools as an Instrument of Peace, said an imminent issue was that indigenous peoples and States faced the absolute likelihood of disappearance of the whole or a significant section of the surface areas of the sacred apace of their homeland for environmental reasons. The reality facing peoples of the Pacific and other island States was the submerging of the islands one called home to vanish forever for reasons far away from any actions being taken by citizens of the liquid continent of the Pacific. The vanishing of sacred lands was violence to the soul and body of the citizens of the Pacific. There was a need for urgent international action together with the islanders directly facing the rising tides.


CORRIGENDA


In press release HR/SC/04/3 of 27 July 2004, the second paragraph of page 1 should read as follows:


Under its agenda item on the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, the Sub-Commission heard about alleged violations in Iraq, the Tibet autonomous region of China, Sudan, the Moluccas, Sri Lanka, Iran, Canada, Australia, New Zealand, Pakistan, Alaska and Jammu and Kashmir among others.

In press release HR/SC/04/12 of 4 August 2004, the statement of the International Federation for the Protection of the Rights of Ethnic, Religious, Linguistic and Other Minorities on page 3 should read as follows:

SIMOS ANGELIDES, of International Federation for the Protection of The Rights of Ethnic, Religious, Linguistic and Other Minorities, said economic, social and cultural rights were adequately safeguarded in the Government-controlled areas since the Covenant formed part of the law of Cyprus. This, however, was not the case in the areas which the Government of Cyprus did not control due to the illegal Turkish military invasion that had taken place in 1974 and had since resulted in the continuous occupation of approximately 37 per cent of the Republic of Cyprus. The right to adequate housing could be considered to be sufficiently protected only when all occupying forces and illegal settlers were withdrawn, and the lawful inhabitants had the unrestricted right to return to their houses and properties and were able to exercise their right to freedom of movement and establishment in an unhindered and unimpeded manner. The deliberate practice of forcible mass population transfers in Cyprus was considered a war crime and a crime against humanity. This and other policies in conjunction with the fact that the victims were targeted on racial and ethnic grounds constituted a form of ethnic cleansing.