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SUBCOMMISSION CONTINUES EXAMINATION OF HUMAN RIGHTS OF INDIGENOUS PEOPLES, STARTS CONSIDERATION OF PROTECTION OF MINORITIES
17 August 1998
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AFTERNOON
HR/SC/98/19
17 August 1998
The Subcommission on Prevention of Discrimination and Protection of Minorities continued this afternoon its examination of the human rights of indigenous peoples, and heard an introduction to the report of its Working Group on Minorities.
Introducing the report, Chairman-Rapporteur Asbjorn Eide noted that the group's approach combined theoretical reflection with practical implementation of the principles contained in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities. The report also said that it was not sufficient for minorities to be "allowed" to exercise their rights; they also should be able to "assert" their rights. The protection and promotion of the rights of minorities would, in his opinion, contribute to the political and social stability of States.
Subcommission experts David Weissbrodt and Miguel Alfonso Martinez also addressed the meeting, as did a representative of Mexico and the non-governmental organization (NGO) Survival International.
The Subcommission will reconvene at 10 a.m. tomorrow morning when it will continue examination of the human rights of indigenous peoples, and the prevention of discrimination against and the protection of minorities.
Documentation
Under this item, the Subcommission has before it a report of the Working Group on Minorities (E/CN.4/Sub.2/1998/18) on the prevention of discrimination
(More)
against and the protection of minorities, prepared by Asbjorn Eide, Subcommission expert and Chairman-Rapporteur. The report reviews the promotion and practical realisation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities at the national, bilateral, regional and global levels; examines possible solutions to problems involving minorities, including the promotion of mutual understanding between and among minorities and Governments; recommends further measures for the promotion and protection of persons belonging to national, ethnic, religious and linguistic minorities; and reviews the future role of the Working Group.
In its conclusions and recommendations, the Working Group recommends among other things that: each member of the Working Group prepare a working paper on an issue, such as conflict prevention in situations involving minorities, and existence and recognition of minorities; that members be available for visits to countries at the invitation of the Governments concerned; that the Working Group make available to Governments information on situations which had been brought to the attention of the Working Group during the session; that the specialized agencies be called on to provide information on their activities in the field of minority protection to the Working Group; and that a pocket edition of the Declaration on Human Rights be prepared in the national as well as minority languages.
Statements
VIKTOR KAISIEPO, of Survival International, said the Working Group on Indigenous Populations mentioned in its report some standard-setting activities; some initiatives were underway to include the private sector in relevant upcoming discussions of the Working Group; he welcomed the effort to promote open dialogue based on mutual respect and understanding; it was necessary to build confidence and trust to accomplish this. The dialogue process should be entrusted, as recommended by the Saami Council, to the Subcommission expert and Special Rapporteur, Erica-Irene Daes. Survival International also urged the Subcommission to include in its definition of indigenous "land" the sea; for a number of indigenous small-island peoples, the surrounding sea was a vital part of their livelihood.
ALICIA ELENA PEREZ-DUARTE (Mexico) said her country was a multi-ethnic and multi-cultural country. Unfortunately indigenous populations continued to suffer from poverty and marginalisation. Poverty was a historic problem, part of the past, but Mexicans were determined that it would not be part of the future. It was now recognised that diversity was part of the heritage and richness of Mexico. Today the Government, recognising thorny problems, was moving towards an idea of nationhood which respected diversity. Rectifying the situation of indigenous populations required action from all members of Mexican society. The historic demands of indigenous peoples was one of the corner stones of the democratisation process in Mexico. Today, steps were being take to move forward. The National Consultation, convened by the Executive in 1996, was an integral part of these attempts. Pursuant to the San Andres Accords, the President of the Republic had proposed constitutional reforms to strengthen the efficiency of social, cultural, economic and political rights of indigenous Mexicans. The Federal states, including Oaxaca, Chiapas, and Quintana Roo were also involved in reforms to improve the situation of indigenous populations. In Mexico, the relationship of the State with indigenous populations underlined that there was a need to create a new social pact so that indigenous peoples could fully benefit from and participate in the development of Mexico; only through dialogue and negotiations could Mexico achieve development.
DAVID WEISSBRODT, Subcommission expert, said the paper by fellow Subcommission expert Erica-Irene Daes on indigenous people and their relationship to land pointed to the importance of recognizing the very existence of this relationship; and that the relationship was based on various social, cultural, spiritual, economic, and political dimensions and responsibilities. Existing indigenous homelands had to be preserved and, in cases where no land and resources or too little of them to sustain the culture were left, appropriate lands had to be provided. The report also gave examples of a few hopeful developments, including a significant decision on land rights in Nicaragua by the Inter-American Commission on Human Rights, and a friendly settlement under which lands were returned to an indigenous community in Paraguay. Mrs. Daes should be authorized to complete her study.
The final report on the study of treaties, agreements, and other constructive arrangements submitted by Subcommission expert Miguel Alfonso Martinez concentrated on a few countries in North America, Central/South America, Northern Europe, and the Pacific, and mentioned briefly situations in a few other regions. In general, the study did not cover either Africa or Asia because Mr. Alfonso Martinez's definition of indigenous peoples apparently did not find any in those continents. Last year, he had suggested that Mr. Alfonso Martinez might include a larger number of States in the report, but apparently the Special Rapporteur had not been able to accept that suggestion, and indeed had limited his study even more explicitly by announcing a very restrictive definition of indigenous peoples; that restrictive definition was not shared by many at the Working Group on Indigenous Populations at its 1998 session. The study's recommendations and conclusions, however, were generally modest and sensible; he agreed with its assertion of the need to respect treaties and other agreements between States and indigenous peoples, including the application of the doctrines of customary international law as codified in the Vienna Convention on the Law of Treaties. Everyone regretted that Mr. Alfonso Martinez had been unable to present his final report in time for it to be distributed in all languages to this session of the Subcommission.
MIGUEL ALFONSO MARTINEZ, Subcommission expert, said that there was no need to introduce the report formally when it was not available in its edited form, though the unedited version of the final report had been made available. The remarks of Mr. Weissbrodt were valuable as the exercise was designed to be a critical one. The report had been beset with difficulties, given the inability of the Office of the High Commissioner for Human Rights to guarantee a standing consultancy. The study dealt with treaties and the major difficulty lay in the vast quantity of material that had had to be covered. Also, the original mandate had broadened as time had gone by. There had been no attempt to limit the study to the land issue. The study examined the current impact of the gradual and relentless process of dispossession of indigenous people from their land that had serious consequences for indigenous peoples. The study put forward a limited number of cases because primary and secondary documentation with regard to a number of possible situations were hard to come by.
The Special Rapporteur had never concluded that there were no indigenous people in Asia or Africa, though the definition of “indigenous peoples” excluded groups that had a shared nationhood between several states. All people in Africa were indigenous, there should therefore be another approach to indigenous peoples in this context. Some delegations had complained at the lack of transparency of the Working Group, though they had always followed the same method of work. The Working Group had not met in Paris in 1997, following a letter addressed to Mrs. Daes from groups that had said that they would not have the same facilities in Paris as they would have in Geneva. In 1999, the issue of land rights of indigenous peoples would be the main focus of the agenda, though other issues, such as education, culture and health would also be considered.
ASBJORN EIDE, Subcommission expert, introducing the report of the Working Group on Minorities, said, among other things, that the group's approach combined theoretical reflection with practical implementation of the principles contained in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities; at its recent meeting, the members had examined, among other things, a number of best practices in the area of minority protection, and had explored constitutional and main legal provisions protecting the existence and identity of minorities. While the Declaration made it clear that it could not be used as a basis for the violation of the territorial integrity of States, the realization of its principles could be advanced if measures of devolution or decentralization were undertaken within States; reference was made to arrangements for providing cultural autonomy, including the Law of National and Cultural Autonomy adopted in the Russian Federation in 1996. The Working Group also was informed by NGO observers of many situations where the Declaration was still not sufficiently taken into account; members of the group agreed that it was desirable to seek further clarification regarding those situations -- it was not sufficient for minorities to be "allowed" to exercise their rights; they also should be able to "assert" their rights. Other matters considered were examination of solutions to problems involving minorities, including the promotion of mutual understanding between and among minorities and Governments, Mr. Eide said; a wide range of models and suggestions was presented, including arrangements with multicultural and intercultural education, language arrangements, and federalist models, including that of Switzerland, where democracy was composed of complementary democracies at communal, cantonal, and federal levels. The protection and promotion of the rights of minorities would, in his opinion, contribute to the political and social stability of States, Mr. Eide said.
HR/SC/98/19
17 August 1998
The Subcommission on Prevention of Discrimination and Protection of Minorities continued this afternoon its examination of the human rights of indigenous peoples, and heard an introduction to the report of its Working Group on Minorities.
Introducing the report, Chairman-Rapporteur Asbjorn Eide noted that the group's approach combined theoretical reflection with practical implementation of the principles contained in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities. The report also said that it was not sufficient for minorities to be "allowed" to exercise their rights; they also should be able to "assert" their rights. The protection and promotion of the rights of minorities would, in his opinion, contribute to the political and social stability of States.
Subcommission experts David Weissbrodt and Miguel Alfonso Martinez also addressed the meeting, as did a representative of Mexico and the non-governmental organization (NGO) Survival International.
The Subcommission will reconvene at 10 a.m. tomorrow morning when it will continue examination of the human rights of indigenous peoples, and the prevention of discrimination against and the protection of minorities.
Documentation
Under this item, the Subcommission has before it a report of the Working Group on Minorities (E/CN.4/Sub.2/1998/18) on the prevention of discrimination
(More)
against and the protection of minorities, prepared by Asbjorn Eide, Subcommission expert and Chairman-Rapporteur. The report reviews the promotion and practical realisation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities at the national, bilateral, regional and global levels; examines possible solutions to problems involving minorities, including the promotion of mutual understanding between and among minorities and Governments; recommends further measures for the promotion and protection of persons belonging to national, ethnic, religious and linguistic minorities; and reviews the future role of the Working Group.
In its conclusions and recommendations, the Working Group recommends among other things that: each member of the Working Group prepare a working paper on an issue, such as conflict prevention in situations involving minorities, and existence and recognition of minorities; that members be available for visits to countries at the invitation of the Governments concerned; that the Working Group make available to Governments information on situations which had been brought to the attention of the Working Group during the session; that the specialized agencies be called on to provide information on their activities in the field of minority protection to the Working Group; and that a pocket edition of the Declaration on Human Rights be prepared in the national as well as minority languages.
Statements
VIKTOR KAISIEPO, of Survival International, said the Working Group on Indigenous Populations mentioned in its report some standard-setting activities; some initiatives were underway to include the private sector in relevant upcoming discussions of the Working Group; he welcomed the effort to promote open dialogue based on mutual respect and understanding; it was necessary to build confidence and trust to accomplish this. The dialogue process should be entrusted, as recommended by the Saami Council, to the Subcommission expert and Special Rapporteur, Erica-Irene Daes. Survival International also urged the Subcommission to include in its definition of indigenous "land" the sea; for a number of indigenous small-island peoples, the surrounding sea was a vital part of their livelihood.
ALICIA ELENA PEREZ-DUARTE (Mexico) said her country was a multi-ethnic and multi-cultural country. Unfortunately indigenous populations continued to suffer from poverty and marginalisation. Poverty was a historic problem, part of the past, but Mexicans were determined that it would not be part of the future. It was now recognised that diversity was part of the heritage and richness of Mexico. Today the Government, recognising thorny problems, was moving towards an idea of nationhood which respected diversity. Rectifying the situation of indigenous populations required action from all members of Mexican society. The historic demands of indigenous peoples was one of the corner stones of the democratisation process in Mexico. Today, steps were being take to move forward. The National Consultation, convened by the Executive in 1996, was an integral part of these attempts. Pursuant to the San Andres Accords, the President of the Republic had proposed constitutional reforms to strengthen the efficiency of social, cultural, economic and political rights of indigenous Mexicans. The Federal states, including Oaxaca, Chiapas, and Quintana Roo were also involved in reforms to improve the situation of indigenous populations. In Mexico, the relationship of the State with indigenous populations underlined that there was a need to create a new social pact so that indigenous peoples could fully benefit from and participate in the development of Mexico; only through dialogue and negotiations could Mexico achieve development.
DAVID WEISSBRODT, Subcommission expert, said the paper by fellow Subcommission expert Erica-Irene Daes on indigenous people and their relationship to land pointed to the importance of recognizing the very existence of this relationship; and that the relationship was based on various social, cultural, spiritual, economic, and political dimensions and responsibilities. Existing indigenous homelands had to be preserved and, in cases where no land and resources or too little of them to sustain the culture were left, appropriate lands had to be provided. The report also gave examples of a few hopeful developments, including a significant decision on land rights in Nicaragua by the Inter-American Commission on Human Rights, and a friendly settlement under which lands were returned to an indigenous community in Paraguay. Mrs. Daes should be authorized to complete her study.
The final report on the study of treaties, agreements, and other constructive arrangements submitted by Subcommission expert Miguel Alfonso Martinez concentrated on a few countries in North America, Central/South America, Northern Europe, and the Pacific, and mentioned briefly situations in a few other regions. In general, the study did not cover either Africa or Asia because Mr. Alfonso Martinez's definition of indigenous peoples apparently did not find any in those continents. Last year, he had suggested that Mr. Alfonso Martinez might include a larger number of States in the report, but apparently the Special Rapporteur had not been able to accept that suggestion, and indeed had limited his study even more explicitly by announcing a very restrictive definition of indigenous peoples; that restrictive definition was not shared by many at the Working Group on Indigenous Populations at its 1998 session. The study's recommendations and conclusions, however, were generally modest and sensible; he agreed with its assertion of the need to respect treaties and other agreements between States and indigenous peoples, including the application of the doctrines of customary international law as codified in the Vienna Convention on the Law of Treaties. Everyone regretted that Mr. Alfonso Martinez had been unable to present his final report in time for it to be distributed in all languages to this session of the Subcommission.
MIGUEL ALFONSO MARTINEZ, Subcommission expert, said that there was no need to introduce the report formally when it was not available in its edited form, though the unedited version of the final report had been made available. The remarks of Mr. Weissbrodt were valuable as the exercise was designed to be a critical one. The report had been beset with difficulties, given the inability of the Office of the High Commissioner for Human Rights to guarantee a standing consultancy. The study dealt with treaties and the major difficulty lay in the vast quantity of material that had had to be covered. Also, the original mandate had broadened as time had gone by. There had been no attempt to limit the study to the land issue. The study examined the current impact of the gradual and relentless process of dispossession of indigenous people from their land that had serious consequences for indigenous peoples. The study put forward a limited number of cases because primary and secondary documentation with regard to a number of possible situations were hard to come by.
The Special Rapporteur had never concluded that there were no indigenous people in Asia or Africa, though the definition of “indigenous peoples” excluded groups that had a shared nationhood between several states. All people in Africa were indigenous, there should therefore be another approach to indigenous peoples in this context. Some delegations had complained at the lack of transparency of the Working Group, though they had always followed the same method of work. The Working Group had not met in Paris in 1997, following a letter addressed to Mrs. Daes from groups that had said that they would not have the same facilities in Paris as they would have in Geneva. In 1999, the issue of land rights of indigenous peoples would be the main focus of the agenda, though other issues, such as education, culture and health would also be considered.
ASBJORN EIDE, Subcommission expert, introducing the report of the Working Group on Minorities, said, among other things, that the group's approach combined theoretical reflection with practical implementation of the principles contained in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities; at its recent meeting, the members had examined, among other things, a number of best practices in the area of minority protection, and had explored constitutional and main legal provisions protecting the existence and identity of minorities. While the Declaration made it clear that it could not be used as a basis for the violation of the territorial integrity of States, the realization of its principles could be advanced if measures of devolution or decentralization were undertaken within States; reference was made to arrangements for providing cultural autonomy, including the Law of National and Cultural Autonomy adopted in the Russian Federation in 1996. The Working Group also was informed by NGO observers of many situations where the Declaration was still not sufficiently taken into account; members of the group agreed that it was desirable to seek further clarification regarding those situations -- it was not sufficient for minorities to be "allowed" to exercise their rights; they also should be able to "assert" their rights. Other matters considered were examination of solutions to problems involving minorities, including the promotion of mutual understanding between and among minorities and Governments, Mr. Eide said; a wide range of models and suggestions was presented, including arrangements with multicultural and intercultural education, language arrangements, and federalist models, including that of Switzerland, where democracy was composed of complementary democracies at communal, cantonal, and federal levels. The protection and promotion of the rights of minorities would, in his opinion, contribute to the political and social stability of States, Mr. Eide said.