人权理事会举行关于土著人民权利的年度半日讨论（部分翻译）

中午

2015年9月22日

人权理事会在午间会议上举行了关于土著人民权利的年度半日讨论，聚焦于世界土著人民会议及其成果文件的后续工作。

人权事务高级专员办事处法治、平等和不歧视处处长莫娜•里什马维（Mona Rishmawi）在开场发言中表示，本次小组讨论提供了重要的机会，用以讨论世界各地实现土著人民权利的程度，并指出在世界土著人民权利会议上，各国已承诺在多个领域采取切实行动，包括重大开发项目对土著人民的影响，以及土著人民参与决策。另一个关键承诺是加强工作打击暴力侵害土著妇女。会议成果文件的真正考验在于各会员国、土著人民、联合国系统和其他利益攸关方能在多大程度上果断予以跟进。

土著人民权利问题特别报告员兼小组主持人维多利亚·托利·科尔普斯（Victoria Tauli Corpuz）表示，小组讨论的目标是盘点各国和其他利益攸关方为执行《联合国土著人民权利宣言》和世界土著人民会议成果文件而采取的措施，并指明在国家和国际层面落实《宣言》的良好做法和挑战。本小组也提供了一个契机，用于讨论和审议土著人民权利专家机制任务授权，便于理事会审查暴力侵害土著妇女和女童的原因和后果，让土著人民参与联合国进程，为实现《联合国土著人民权利宣言》而制定联合国系统的行动计划。

小组成员有：土著人民权利专家机制成员阿尔伯特·科沃科沃·巴鲁莫（Albert Kwokwo Barume）；联合国土著人民自愿基金董事会成员兼联大主席世界土著人民会议问题前任顾问玛瑞娜·坎宁安·凯恩（Myrna Cunningham Kain）；墨西哥国家土著人民发展委员会国际事务主任亚历亨德罗·冈萨雷斯·克拉维奥托（Alejandro González Cravioto）。

巴鲁莫先生说，非洲土著人民的人权状况依然令人严重关切，特别是身处冲突中的土著人民状况。《联合国土著人民权利宣言》缺乏执行并不是完全因为缺少政治意愿，也是因为缺少能力和资源，许多非洲国家就受到这种限制。一项注重能力建设、技术援助和政策框架的新延长的专家机制任务应该针对非洲的几个关键行动方——它们依然表现出对土著人民问题缺少理解——此外还要纳入工商企业、媒体和非洲发展银行，该银行依然是唯一没有单独的土著人民政策的区域性银行。

坎宁安·凯恩女士着重指出私营部门与土著人民权利有关的责任，并强调了消除对妇女歧视委员会在应对土著妇女状况及其面对的歧视方面的重要作用。各国应该制定国家行动计划，坎宁安·凯恩女士介绍了董事会在尼加拉瓜支持制定这类计划的倡议，并邀请其他国家支持倡议的第一阶段以及世界会议成果文件的落实工作。

克拉维奥托先生表示，再接再厉推进土著人民个人和集体权利是当务之急。墨西哥已经开展了一项方案，寻求加强对土著人民的社会和经济保护，以及土著人民享有司法救助、健康、教育、食物和住房，墨西哥还在行政和司法部门之间开展了联合活动，加强土著妇女的领导力。在国际范围内，墨西哥领导着进一步推动土著人民权利，也支持加强土著人民权利国际机制。

在随后的讨论中，发言人表示，世界上某些地方依然发生着系统性侵犯土著人民权利的现象，暴力侵害土著妇女在许多国家也十分普遍，而外国投资越来越多地进入大量国家进一步恶化了土著人民土地和资源的流失，并导致了其领地的严重环境破坏。他们欢迎全球齐心协力，充分实现《联合国土著人民权利宣言》，并支持向联合国安理会提出的建议，即制定全系统的行动计划，以确保在实现《宣言》目标过程中采用一致的方针。发言人强调了通过国家行动计划落实世界大会成果文件的重要意义，着重指出各国在制定此类计划时积极与土著人民互动的重要性，并询问了可以改善土著人民对发展所有权的机制。对土著人民权利专家机制任务的审议应该小心地开展，以避免对其他现有机制造成负面影响，新的任务可以协助各国更好地落实与土著人民相关的普遍定期审议建议。

在讨论中发言的有欧盟、代表北欧国家的芬兰、俄罗斯、巴西、西班牙、澳大利亚、萨尔瓦多、波兰、秘鲁、塞拉利昂、菲律宾、乌克兰、美国、加拿大、智利、刚果共和国、玻利维亚、爱沙尼亚、危地马拉、新西兰、马来西亚、中国和教廷。

发言的还有保护儿童国际（Defence for Children International）、土著世界协会（Indigenous World Association）、美洲土著中心（Native American Centre）、国际和睦团契（International Fellowship of Reconciliation）、大学妇女国际联合会（International Federation of University Women）、学联国际（United Schools International）。

理事会今天举行全天会议，接下来将于下午3点30份继续与土著人民权利问题特别报告员和土著人民权利专家机制的集体互动对话，他们今天上午呈报的报告请见这里。理事会随后将听取咨询委员会和农民权利问题政府间工作组的报告，接着就人权机构和机制问题举行一般性辩论。

Opening Statement

MONA RISHMAWI, Chief of the Rule of Law, Equality and Non-Discrimination Branch at the Office of the High Commissioner for Human Rights, opened the discussion on follow-up to the World Conference on Indigenous Peoples. The annual half-day discussion, along with the interactive dialogue with the Special Rapporteur on the rights of indigenous peoples and the Expert Mechanism on the Rights of Indigenous Peoples, provided significant opportunities to discuss the extent of the realization of the rights of indigenous peoples around the world.

One year ago, the General Assembly had held its high-level plenary meeting known as the World Conference on Indigenous Peoples, where Member States had renewed their commitment to the United Nations Declaration of Indigenous Peoples, with the active participation of indigenous peoples. States had committed themselves to real action in areas such as the impact of major development projects on indigenous peoples and the participation of indigenous peoples in decision-making. Another key commitment was to step up work to combat violence against indigenous women.

The real test of the Conference’s outcome document was how decisively Member States, indigenous peoples, the United Nations system and other stakeholders would follow it up.
The outcome document envisaged the development of a system-wide action plan to ensure a coherent approach to achieving the ends of the Declaration. The Office of the High Commissioner for Human Rights was contributing to that work through the Inter-Agency Support Group on Indigenous Issues, with the goal of drawing up a concrete plan, leading to real action. States had also committed themselves to considering ways to facilitate the participation of indigenous people’s representatives. In that regard, the role of the United Nations Voluntary Fund was particularly important. Enhancing indigenous people’s participation also required firm measures to end the harassment and intimidation that too many indigenous peoples continued to face as a reprisal for their legitimate defence of their human rights.

Statements by the Moderator and Panellists

VICTORIA TAULI CORPUZ, Special Rapporteur on the rights of indigenous peoples and panel moderator, said that the objectives of the panel were to take stock of measures undertaken by States and other stakeholders to implement the United Nations Declaration on the Rights of Indigenous Peoples; identify good practices and challenges in the implementation of the outcome document of the World Conference on Indigenous Peoples at the national and international level; and to provide an opportunity to discuss human rights-related elements of the outcome document, including the review of the mandate of the Expert Mechanism on the Rights of Indigenous Peoples, the Human Rights Council’s examination of the causes and consequences of violence against indigenous women and girls, the participation of indigenous peoples in United Nations processes, and the United Nations system-wide action plan for the achievement of the ends of the United Nations Declaration on the Rights of Indigenous Peoples.

ALBERT KWOKWO BARUME, Member of the Expert Mechanism on the Rights of Indigenous Peoples, said that after the World Conference on the Rights of Indigenous Peoples in 2014, Africa continued its slow but steady progress in promoting indigenous peoples’ rights, including the first public hearing of the first case on the rights of indigenous people by the newly established African Court on Human and Peoples’ Rights in November 2014, the integration of indigenous peoples’ rights in the agenda of several African national human rights institutions, and others. However, the human rights situation of indigenous peoples in Africa remained of great concern, as they continued to suffer from land dispossession, violence against indigenous women remained unabated, access to basic services remained well below national averages, and children tended to drop out of schools in large numbers. The lack of implementation of the United Nations Declaration on the Rights of Indigenous Peoples in Africa was not entirely due to the lack of political will, but also due to the lack of capacity and resources that constrained many African States. Building the capacity should be a priority for the United Nations, and in that sense, the mandate of the Expert Mechanism on the Rights of Indigenous Peoples should be revisited with a view to addressing its disconnect with African policy debates. Mr. Barume highlighted the particular human rights situation of indigenous peoples in conflict-affected parts of Africa, and the continued reports of mass killings, rapes, abductions and displacement of indigenous peoples caught in conflicts in the Central African Republic, Mali, the Democratic Republic of the Congo and several other parts of the continent. A renewed Expert Mechanism’s mandate, with a focus on capacity building, technical assistance and policy framework, should also target several key actors in Africa that continued to show a lack of understanding of indigenous peoples’ issues, including businesses, media and the African Development Bank which remained the only regional bank without a stand-alone policy on indigenous peoples.

MYRNA CUNNINGHAM KAIN, Member of the Board of Trustees of the United Nations Voluntary Fund for Indigenous Peoples and former adviser to the President of the General Assembly for the World Conference on Indigenous Peoples, recalled the scope of international law relating to the rights of indigenous peoples and the achievements of the World Conference on Indigenous Peoples, and recalled international standards relating to territorial rights. She underlined the responsibilities of the private sector. She referred then to the rights of indigenous women and to discrimination they faced, and underlined the important role of the Committee on the Elimination of Discrimination against Women in that regard. She highlighted some initiatives undertaken by indigenous women in Colombia and Nicaragua to promote their rights. It was important for States to develop national action plans. She presented initiatives by the Board of Trustees in Nicaragua to support the elaboration of such plans. She invited other States to support this first stage of initiatives and the implementation of the outcome document of the World Conference.

ALEJANDRO GONZÁLEZ CRAVIOTO, Director for International Affairs of the Mexican National Commission for the Development of Indigenous Peoples, reaffirmed Mexico’s commitment to the rights of indigenous peoples and to implement the commitments of the outcome document. It was a priority to continue efforts to push forward individual and collective rights of indigenous peoples. Mexico had carried out a programme seeking to strengthen social and economic protection for indigenous peoples, as well as indigenous people’s access to justice, health, education, food and housing. It had also carried out joint activities between the executive and the judiciary to strengthen leadership by indigenous women. The development of a plan of action would have to be the result of a consultative process, inclusive of all stakeholders. At the international level, Mexico had been a leader in pushing indigenous rights further, and supported the strengthening of the international mechanism for the rights of indigenous peoples.

JANINE LASIMBANG, Secretariat Director of the Jaringan Orang Asal SeMalaysia, said that indigenous people’s participation at the World Conference could be seen as an important example of self-organizing. Several years of meticulous preparations had ensured that the World Conference would have a substantive outcome. All participants had contributed to the successful Conference, whose outcome document had become a living document. Many indigenous organizations in Asia had translated and distributed the outcome document. A new website, www.indigenousnavigator.com, was a good tool for following the progress on the subject. The process also included exchanges of experiences between indigenous peoples from different continents. The Malaysian indigenous organization was working on training and sharing best practices with others.

Active cooperation between indigenous peoples and the Government needed to be strengthened and further developed. Member States were urged to view that collaboration in a positive manner. The United Nations also provided an important avenue through which indigenous peoples could push for a higher level of support from international organizations on the implementation of various programmes in a timely and effective manner. National human rights institutions also had an important role to play, as they could help protect indigenous peoples’ rights in line with the Declaration. In Asia, the selection of commissioners was not an inclusive and transparent enough process. The independence of national human rights institutions ought to be recognized and they needed to be provided with adequate budgets and have indigenous representatives on board.

Discussion

European Union welcomed concerted global efforts to fully make the United Nations Declaration on the Rights of Indigenous Peoples a reality, and the recommendation to the United Nations Secretary-General to develop a system-wide action plan to ensure a coherent approach to achieving the ends of the Declaration. Finland, speaking on behalf of the Nordic Countries, supported the review of the Expert Mechanism for the Rights of Indigenous Peoples and asked what measures could ensure a more meaningful dialogue between indigenous people and States at existing fora. Russia said it was important for the implementation of the outcome document to focus on encouraging sustainable development of indigenous peoples and said that the review of the mandate of the Expert Mechanism must be conducted with attention to avoid a negative impact on other existing mechanisms. Brazil suggested that the revised mandate of the Expert Mechanism could include, inter alia, assisting States, upon their request, in monitoring and evaluating progress and overcoming obstacles to better achieve the goals of the Declaration, including in the implementation of Universal Periodic Review recommendation related to indigenous peoples. Spain asked the panellists how the Expert Mechanism might assist in improving the principles of ownership of indigenous people of their own development.

Australia stated that it continued to give effect to the outcome document of the World Conference on Indigenous Peoples through practical approaches to addressing indigenous disadvantages, with both mainstream and targeted programmes. El Salvador noted that it took on commitments to guarantee the rights of all children, regardless of their origin, and it was also mapping indigenous people and their leadership. Poland stressed that it was continuously committed to identifying opportunities and challenges related to the full and effective realization of indigenous peoples’ rights, in particular including more of indigenous women in the political process. Peru noted that ensuring the rights of indigenous peoples was a national priority, adding that it was necessary to monitor closely the effective implementation of indigenous peoples’ wishes on how to live. Sierra Leone appreciated that the panel had focused its attention on violence against indigenous women and girls, stressing that the root causes of such violations should be analysed and laws strictly applied. Philippines stated that its national educational system was geared towards providing indigenous peoples with education tools and content that were in line with their culture and social context. Ukraine was concerned over continuing human rights violations against Tatars in Crimea due to the Russian Federation’s illegal occupation of the peninsula, which were not being investigated and perpetrators were not prosecuted, leading to a vicious circle of violence there.

Defence for Children International underlined the vulnerability of indigenous women and girls to sexual violence, human trafficking and other abuses, and pointed at Colombia’s gaps in effectively addressing violence against indigenous women and girls. Indigenous World Association underlined the importance of the implementation of the World Conference outcome document through national plans of action, and highlighted the importance of States engaging actively with indigenous peoples in the elaboration of such plans. Native-American Rights Fund, in a joint statement with National Congress of American Indians and Indian Law Resource Center called for the establishment of an international permanent body monitoring the implementation of international standards relating to indigenous issues, composed notably by representatives of indigenous peoples, and underlined the importance of addressing the needs of indigenous women and girls.

Panellists’ Remarks

VICTORIA TAULI CORPUZ, Special Rapporteur on the rights of indigenous peoples and panel moderator, summarized the questions and issues raised in the discussion, including measures to ensure more meaningful dialogue between indigenous peoples and States, examples of best practice in achieving the United Nations Declaration on the Rights of Indigenous Peoples at the national level with the participation of indigenous peoples, and the mechanisms which might assist the inclusion of indigenous peoples’ views into development plans.

MYRNA CUNNINGHAM KAIN, Member of the Board of Trustees of the United Nations Voluntary Fund for Indigenous Peoples and former adviser to the President of the General Assembly for the World Conference on Indigenous Peoples, said that in order to improve indigenous peoples’ ownership of development, it was important to ensure that cultural diversity was a core element in any development strategy, participation of indigenous peoples in all stages of development of a strategy, respect for lands and territories and controls over natural resources by indigenous people, and respect for traditional knowledge of indigenous peoples. States could support initiatives that came from indigenous peoples who supported their own developmental processes, or support experiments of self-governance which were practiced by indigenous peoples in some parts of the world.

JANNIE LASIMBANG, Secretariat Director of Jaringan Orang Asal SeMalaysia, said that the Universal Periodic Review was an important constructive dialogue in which issues of indigenous peoples had been debated. Ms. Lasimbang noted that in many instances, the recommendations that dealt with issues of particular importance to indigenous peoples such as land issues, or recognition of indigenous peoples, were not accepted by States. One good practice in the participation of indigenous peoples in governance, recognized as such by the Expert Mechanism, was the national inquiry on land rights of indigenous peoples conducted by the national human rights institution of Malaysia.

ALBERT KWOKWO BARUME, Member of the Expert Mechanism on the Rights of Indigenous Peoples, said that dialogue was key, but it had to be kept on the country level. In the African context, capacity building was critical. Very few African indigenous peoples attended the sessions of the Human Rights Council. Bringing the international dialogue to the national level was thus essential for indigenous peoples to find out about the ongoing discourse on indigenous rights. New Zealand’s model of indigenous peoples monitoring the implementation of relevant programmes was exemplary and inspiring as one of the best practices.

ALEJANDRO GONZÁLEZ CRAVIOTO, Director for International Affairs of the Mexican National Commission for the Development of Indigenous Peoples, noted there were many spaces for indigenous peoples in the international arena and they should be effectively used. In the case of Mexico, there was a consultative body composed of indigenous people’s representatives that met three times per month to assess how the policies that affected them were implemented. Better feedback from indigenous communities to the Government would provide better indicators, which would in turn improve the quality of policy-making. Policies on indigenous peoples should always be in harmony with their culture and social context, Mr. Cravioto stressed.

Discussion

United States said it was preparing a strategy aimed at reducing the amount of tribal cultural property that was inappropriately offered and sold abroad, and said that States should consider implementing already existing international provisions on cultural property rather than adopting an additional international instrument. Canada asked how could States support the establishment of appropriate accreditation procedures that would enable indigenous representatives to attend and participate in relevant meetings of the United Nations Economic and Social Council and its subsidiary bodies. Chile stressed the importance of including indigenous people in the reviewing process of indigenous mechanisms of the United Nations, and underlined the importance of including indigenous women. Republic of Congo said it had undertaken a national process to protect and promote the rights of indigenous peoples, leading to numerous initiatives on the ground aimed at tackling discrimination and stereotypes against indigenous people. Bolivia said it had been carrying out a strategic plan to fulfil the rights of indigenous peoples in the country.

Estonia emphasized the important role which indigenous people played in revitalizing and developing cultural traditions for present and future generations, as well as their right to participate in decision-making in matters that affected them. Guatemala stated that it was actively participating in the follow-up of the World Conference on Indigenous Peoples, and it shared the idea of establishing a mechanism that would guide States in ensuring the rights of indigenous peoples. New Zealand acknowledged that much work still had to be done in that country to improve the rights of Maori women and girls, and to that end the Government was working with those communities. Malaysia stated that the World Conference of Indigenous Peoples, held in New York in 2014, provided a proper consultative mechanism involving all relevant stakeholders to reflect on the way forward in the realization of indigenous rights. China said that indigenous peoples had a splendid history and culture, but due to colonialism their land had been grabbed and nowadays they were living on the margins of society in many countries. Holy See said that the systemic violation of the rights of indigenous peoples in some parts of the world continued, violence against indigenous women was pervasive in many countries, while the increasing arrival of foreign investments into many countries further exacerbated the loss of land and resources of indigenous peoples and led to significant environmental destruction of their territories.

International Fellowship of Reconciliation said that in Mexico, there was impunity for the crimes committed against indigenous peoples, including the killing of women or community leaders, while mega projects threatened territories and also displaced indigenous communities or diverted water from their settlements. International Federation of University Women called attention to indigenous educational deficit which ranged from generalized exclusion to limited access to the upper levels of primary and secondary education, with admittance to higher education still being the exception, while minority women and girls faced the greatest challenges. United Schools International said that policy makers in Pakistan rarely took into account the adverse impacts of mega water projects on indigenous peoples and made inadequate efforts to compensate and rehabilitate the affected communities.

Concluding Remarks

JANNIE LASIMBANG, Secretariat Director of Jaringan Orang Asal SeMalaysia, in concluding remarks, said in response to Malaysia that lands of indigenous peoples was an important issue that had implications on the protection of indigenous cultures. The free and informed consent from indigenous peoples had to be respected in that regard. Sustainable development programmes could achieve a more harmonious manner of implementing projects. Sustainable development goals and the rights of indigenous peoples should meet in a positive manner.

ALBERT KWOKWO BARUME, Member of the Expert Mechanism on the Rights of Indigenous Peoples, said the challenge was to take the conclusions of this debate to the national level. The question of balancing indigenous rights with national development was also particularly relevant in Africa. This question should be viewed with the perspective that development should leave no one behind. Enhancing the legal framework could attract further international investments.

ALEJANDRO GONZÁLEZ CRAVIOTO, Director for International Affairs of the Mexican National Commission for the Development of Indigenous Peoples, in his concluding remarks outlined the efforts of Mexico to provide technical and legal assistance to local communities for the harmonization of local legislation with the national one on the defense of the rights of indigenous peoples. Courses were offered to bilingual indigenous lawyers. Mexico shared that good practice with Peru and Brazil.

MYRNA CUNNINGHAM KAIN, Member of the Board of Trustees of the United Nations Voluntary Fund for Indigenous Peoples and former adviser to the President of the General Assembly for the World Conference on Indigenous Peoples, thanked delegations of States and civil society for their comments and questions. She appreciated a number of comments on the issue of violence against indigenous women and girls. Relevant governance models needed to be developed by States in order to empower women. Political participation by indigenous women to that end was particularly important. As for the educational system for indigenous peoples, it had to be integrated in national school curricula and offered in indigenous languages. Some countries were already improving their dialogue systems with indigenous communities. Ms. Cunningham Kain emphasized the very important role played by the United Nations Voluntary Fund for Indigenous Peoples in the fulfilment of the rights of indigenous peoples.

VICTORIA TAULI CORPUZ, Special Rapporteur on the rights of indigenous peoples and panel moderator, said it was encouraging to hear contributions from Governments, indigenous peoples, non-governmental organizations and academia representatives. The World Conference on Indigenous Peoples had been a very good practice because it had demonstrated the various efforts made by the United Nations agencies and the various players and because it had come up with a concrete plan that spelled out what needed to be done to implement the United Nations Declaration on the Rights of Indigenous Peoples in a better fashion. The international community should pursue achieving the concrete recommendations outlined in the outcome document. Indigenous peoples still faced dire situations of poverty, social exclusion, discrimination and situations where their land was taken away from them. Any society would be judged according to how it faced and responded to the needs of its most vulnerable sections. Monitoring of the outcome document’s recommendations was therefore key in achieving full rights for indigenous peoples.

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