OPENING STATEMENT BY MR BERTRAND RAMCHARAN ACTING HIGH COMMISSIONER FOR HUMAN RIGHTS

TWENTY FIRST SESSION OF THE WORKING GROUP
ON INDIGENOUS POPULATIONS

21 - 25 JULY 2003

PALAIS DES NATIONS
CONFERENCE ROOM 18
11AM

Excellencies, ladies and gentlemen

It is my pleasure to welcome you to the twenty-first session of the Working Group on Indigenous Populations.

The contemporary human rights movement rests on 9 fundamental principals:

1. We must uphold the human rights idea in a world in political, economic and social crisis: a Runaway world, to use the words of one author. Human rights are central to world order, peace and security, justice and equity.

2. We must protect the poor as well as the rich. The growing mass of the poor plead for basic rights of sustenance and freedom. Indigenous populations are sometimes, to use the words of the indigenous person, “among the poorest of the poor”.

3. We must act positively to encourage and facilitate the implementation of international human rights norms through national protection systems in each country. The international human rights norms must be implemented.

4. We must act against injustices perpetrated against children, women, minorities, indigenous populations, victims of trafficking and victims of racism and racial discrimination. Indigenous people cry out for justice.

5. We must act to prevent or stop violations of human rights and to provide justice to victims.

6. We must see to it that those who commit gross violations of human rights are punished.

7. We must promote the human rights values through education and information programmes on human rights.

8. We must be attentive to new threats to human rights, e.g. as a result of new developments in bio-technology.

9. We must use human rights to promote dignity, respect, tolerance and good neighbourliness among peoples. The quest for dignity and respect is what has brought the indigenous people in this room today.

I would like to welcome the members of the Working Group – Mr Alfonso Martinez, Mr. Guissé, Ms. Hampson, Ms Motoc and Mr Yakota. I welcome governmental delegations who are an indispensable part of the dialogue that is established at these annual sessions as well as colleagues from other United Nations organizations, departments and specialized agencies.

It is my pleasure also to welcome to Geneva the many representatives of indigenous peoples, nations, organizations and communities and non-governmental organizations who attend the Working Group in ever increasing numbers each year thereby making it one of the largest human rights meetings organized by the Office.

Some 80 indigenous representatives are participating with the assistance of the United Nations Voluntary Fund for Indigenous Populations and for those of you who are attending a United Nations meeting for the first time I should like to underline the importance of your contribution to the work of the United Nations. We appreciate very much your participation and indeed are stimulated by the fresh views and perspectives that you bring.

In this respect, I would like to thank the many governments that contribute to the Voluntary Fund and have done so over many years in the belief that indigenous communities need to participate fully in the work and need to be present in order to enrich the information available to the Working Group. May I take this opportunity to urge you to continue to support the Voluntary Fund.

I should like to extend a welcome to Mr Magga, the Chairperson of the Permanent Forum on Indigenous Issues and congratulate him on the successful second session that was concluded in May. Our Office had the responsibility of organizing the first session and launch of the Permanent Forum. I was present at the first session in 2002 and was impressed at that time by the commitment and enthusiasm of the members to develop new working methods and forms of collaboration in the Forum. I understand that you will be presenting some of the conclusions and recommendations of the Forum’s work to the Working Group under agenda item 6 (a) of the Working Group.


Ladies and gentlemen

I have strong personal attachments to the Working Group and was closely involved in the process of establishing the Working Group when I was adviser to the then Director of the Centre for Human Rights, Mr van Boven. The two-fold mandate – to review developments and elaborate standards relating to indigenous peoples – gives the Working Group a unique role within the United Nations.

I have watched the Working Group grow in size and become the principal focal point for indigenous rights, drawing indigenous delegates from every corner of the world. Furthermore, I think it is fair to say that virtually every initiative in relation to indigenous peoples that has been taken by the United Nations in the past two decades emanated from this forum. I read recently the Working Group described as the parent body of indigenous issues in the United Nations and this is a good description.

Above all, the Working Group has played its most useful role by giving a space to indigenous peoples to speak directly to governments and influence thinking and action. We – and I include independent experts, governments and international civil servants like myself who implement governmental policy – have seen our own views on environmental, development, human rights and many other issues evolve as a consequence of the dialogue established by the Working Group.

There are quite a few examples of fruitful outcomes arising subsequent to statements made in the Working Group. Indeed an indigenous organization last year paid tribute to a governmental delegate for contributing to the solution of a long-standing land rights issues that had been raised at this forum (E/CN.4/Sub.2/2002/24 §54).

Under the standard-setting agenda item, the Working Group drafted a declaration on the rights of indigenous peoples that was completed in 1993. Three important studies have been prepared by members of the Working Group – on indigenous heritage and intellectual property rights, land, and treaties.

Last year, the members set in motion a process of reflection and each of you have prepared working papers that provide options for future activities that might be undertaken in the areas of standard-setting and studies. Working papers have been prepared both by the member Mr Guissé and the secretariat on the principal theme of this year’s session “Globalization and indigenous peoples”. I would warmly encourage participants to study these papers that have been prepared to orientate and provide ideas for your future work.

I am pleased to note that the Chairperson has made proposals for innovative working methods for this session, including proposals to create a more interactive dialogue and give more involvement to participants in the elaboration of recommendations. I note also that the indigenous caucus is scheduled to make a presentation under item 6 of the agenda on possible follow up to the World Conference against Racism.

Everyone in this room is well aware that the Economic and Social Council will be considering a report by the Secretary-General on United Nations mechanisms relating to indigenous peoples in its session this year. Indeed, the debate on the report will take place in the neighbouring conference room on 23 July while you are all meeting here.

Indigenous peoples and many States have fought hard for the promotion and protection of indigenous peoples’ rights and we should weigh the options carefully. There is an important criterion to keep in mind against the achievements of this Working Group, when will it be known how the Permanent Forum is faring and whether it can or should over the functions of the Working Group.

Ladies and gentlemen,

The High Commissioner is the Coordinator of the International Decade of the World’s Indigenous People. I would like to make a request to the members of the Working Group and the participants in relation to three matters. First, I would greatly appreciate any proposals you may have in relation to an appropriate conclusion to the Decade. Secondly, I would welcome your thoughts on effective ways of evaluating the impact and results of the Decade. And finally, I would appreciate any proposals you may have in relation to a follow up. I note that the Permanent Forum is recommending a second international decade and it may be that some further discussion on the possible objectives and outcomes of such an activity could be initiated. The information you provide would be useful as we prepare the final report for the General Assembly in 2004.

I would like to inform you that the Voluntary Fund for the International Decade has financed 48 projects from indigenous communities this year and with the continued support of donor governments will continue to support activities in 2004. I therefore appeal to States to contribute to the Fund during its last year to ensure that further activities that bring direct benefits to indigenous peoples can be assisted by the Office.

Let me conclude by noting some of the activities on indigenous peoples that are being undertaken in the months ahead:

· The Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. Stavenhagen carried out an official visit to Mexico in the month of June. He is now on an official mission to Chile since 19 July. His 2003 report focuses on administration of justice and indigenous peoples and our Office, on his behalf, has requested information from governments and indigenous peoples and is waiting for your inputs.
· The working group on the draft declaration on the rights of indigenous peoples will meet in Geneva from 15 – 26 September with the urgent task of trying to make progress and reach agreement on a final text before the conclusion of the International Decade next year.
· The Committee on the Rights of the Child will hold a special discussion day on indigenous children on 19 September and on 20 September my colleagues from the office and the Chairman of the Committee will organize a training day for indigenous organizations on the Convention.
· An expert seminar on administration of justice and indigenous peoples will be organized in Madrid in cooperation with the National University for Distance Education in Spain on 29 – 31 October to provide input to the annual report of the Special Rapporteur.
· An expert seminar on treaties, agreements and other constructive arrangements between indigenous peoples and States will be organized in Geneva from15 – 17 December in cooperation with the Special Rapporteur Mr Alfonso Martinez to consider follow up to the study.
· Finally, I would like to draw your attention to the preliminary report of the Sub-Commission’s Special Rapporteur, Ms Daes, on “Indigenous peoples’ permanent sovereignty over natural resources” that will be presented in August.

Ladies and gentlemen,

If I have provided this information about some of the activities being organized by the Office, it is to send to you one important message: the Office will continue to strengthen its efforts to promote and protect the rights on indigenous peoples. We see the creation of the Permanent Forum as a signal that we in the human rights area should intensify and enhance our activities for indigenous peoples. As acting High Commissioner I want to make this commitment to you.


Ladies and gentlemen, we will meet again on Thursday morning when we celebrate the International Day of the World’s Indigenous People.

Thank you for your attention.

I now invite members to propose a Chairperson-Rapporteur for the 21st session of the Working Group…