UNITED NATIONS

COMMISION ON HUMAN RIGHTS

53rd SESSION

Geneva, 19 March 1997

Statement on behalf of the Transnational Radical Party

NGO in Consultative Status (I General)

Under Item 5

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Mr. Chairman,

According to any social and economic indicator Indigenous Peoples are the single most disadvantaged group in society. They receive lower pro capita income, they have the highest unemployment, they work in the worst paid, most menial jobs, have the worst housing, the least access to education, the poorest health condition, and enjoy comparatively less social welfare. Even in rich countries, Indigenous Peoples hae a dramatically lower life expectancy, higher rates of disability and are often traumatised, resulting in alcoholism, drug abuse, criminality and sometimes distressingly high rates of suicide.

Article 25 of the Universal Declaration on Human Rights and Article 12 of the Covenant on Economic, Cultural and Social Rights both confirm the right to health. The health condition of indigenous peoples is recognised to be generally worse than those of the national population of the country in which they live. This has also been acknowledged by the Pan American Health Organisation (PAHO). Resolution V adopted by PAHO in 1993 recognises that "the living and health conditions of the estimated 43 million indigenous persons in the region of the Americas are deficient, as reflected in excess mortality due to avoidable causes and in reduced life expectancy at birth, which demonstrates the persistence and even the aggravation of inequalities of indigenous peoples, in comparison with other homogenous social groups".

The loss of traditional lands and natural resources of Indigenous Peoples has been identified as a major cause of the deterioration of their health, their economic situation and general wellbeing. The loss of land and resources undermines and, in severe cases, can lead to the breakdown of indigenous peoples' food production systems. Indigenous peoples who have lost their territories or whose access to a landbase is restricted, are often reduced to dependence on cheaper unsuitable and unhealthy foodstuffs brought in from outside.

The Transnational Radical Party therefore notes with appreciation the specific mention of indigenous peoples in the World Food Summit Plan of Action, in relation with achieving the objective of food security for all.

Indigenous lands are also particularly affected by environmental degradation and pollution. In the last decades, areas occupied by indigenous peoples have been subjected to intensive developments in the form of mining, hydroelectric, logging and agroindustrial development, as well as settlement by nonindigenous peoples. These activities have often resulted in adverse social and environmental impacts on indigenous peoples. A 1991 report of the UN Centre on Transnational Corporations identifies a number of effects, incl. the alteration of stream flows, habitat loss, toxic discharges and deteriorating water and air qualities which cause reduced crop yields and fish harvests.

Non indigenous peoples are also effected by environmental degradation. However, where as non indigenous peoples can relocate with less long term damage to their communities, indigenous peoples experience a break from their ancestral lands and history and eventually risk a loss of cultural identity. In extreme cases indigenous peoples so distraught with the loss of their lands have resorted to suicide.

In article 1 of the Covenant, it is stated that all people have the right to self determination, which includes their inalienable right to full sovereignty over all their natural wealth and resources. This contains their right to land. In his 1996 reports to the Subcommission on transnational corporations, the Secretary General discusses the implications of Transnational Corporations' activities and methods for the effective enjoyment of a number of human rights. He recognises that: "[I]n pursuit of their economic interests, TNCs may not always respect the rights to self determination, conceived as permanent sovereignty over natural wealth and resources...". This is reflected in the lack of participation and consultation by indigenous peoples in many TNC projects on their territories. Additionally, Indigenous Communities rarely benefit in terms of access to direct employment opportunities. Highrisk activities are more likely to be sited on the land of weaker groups such as indigenous peoples, where economic

or political power to refuse such projects is limited.

The disruptive activities of Transnational Corporations have in many cases caused tension, sometimes disrupting in conflicts involving indigenous peoples; the situations of the peoples of Bougainville, Ogoni, and West Papua are just a few examples.

Through their activities and financial support, Transnational Corporations often play a major role in the sustaining of repressive regimes. This has clearly been the case in West Papua, where the Freeport Mine is an important source of income for the Indonesian regime; it is the case in Nigeria, where the relationship between the regime and Shell has kept General Abasha in the sadle; in Bougainville, the activities of the Bougainville Coppermine has been the catalyst of the continuing conflict between Papua New Guinea and the indigenous people of Bougainville.

The Transnational Radical Party urges the Commission to continue the work done by the Subcommission on land rights and TNCs. TRP supports the activities presently taking place to start to develop a comprehensive set of rules for the activities of TNCs. It calls upon all those involved to give special attention to the impact of TNCs on the lives and lands of indigenous peoples and to include this in the future code of conduct for TNCs. It is time for the international community to develop measures, which will enable it to take action against companies like the Bougainville Copper Mine (jointly owned by the government of Papua New Guinea and the Australian mining company CRA), Shell and Freeport that are destroying the lands and lives of indigenous peoples.

At this session, the Commission could take a first step by authorizing the Subcommission to appoint Ms EricaIrene Daes as Special Rapporteur to conduct a comprehensive study on the problem of recognition of and respect for on indigenous land rights and to develop a monitoring system.

Thank you, Mr.Chairman.