Subcommission on Prevention of Discrimination and Protection of Minorities

Forty-ninth session

ITEM 7

Human rights of indigenous peoples

delivered by Olga Cechurova

Geneva, 15 August 1997

Mr. Chairman,

the Transnational Radical Party noted with appreciation that the Commission on Human Rights created last year a separate item for indigenous issues. This reflects the realization of the importance and uniqueness of indigenous issues within the broad spectrum of human rights.

Much too long indigenous peoples and the violation of their rights were left unaddressed. It is thanks to the hard work of indigenous delegates and their ability to speak with one voice on many of the critical issues that the Working Group of the Sub-commission became so successful.

Some governments appear to feel threatened by the growing assertiveness of indigenous peoples and the increasing public support they have been able to rally. When the Working Group on Indigenous Peoples of this Sub-Commission was drafting the Declaration on the Rights of Indigenous Peoples, not many governments showed interest in the issue. Since this draft has been submitted to the Inter-sessional Working Group Elaborating the Draft Declaration on the Rights of Indigenous Peoples of Commission on Human Rights, a number of states are actively engaging themselves in the discussion; this is a positive development. However, some are trying to limit the rights indigenous people would enjoy under the Declaration. The Draft Declaration came about after many years of hard work and intensive debates. It originated through a democratic work process and reflects a consensus on the part of representatives of Indigenous Peoples and the distinguished experts of the Sub-Commission. In many ways it refl

ects a minimum standard for the survival of indigenous peoples. Therefore, we believe it should be adopted the way it stands, and should not be redrafted.

A number of Asian governments in particular keep emphasizing the need for a definition of "indigenous peoples". While at the same time claiming they have no such people on their territory. This is a clear attempt to abort the process.

Whereas indigenous delegations were able to play an important role during the drafting process, it became clear during the second session of the Commission Working Group last October, that they will have to struggle hard to safeguard their previous position, when they were excluded from the decision making process. To eliminate this discriminatory situation, the Commission should make use of the ECOSOC Resolution which allows it to adopt special procedures, to formalise the participation of Indigenous Peoples. It must be made clear, that without the full and equal participation of the Indigenous peoples, in all stages of the procedure,the future Declaration will loose its significance before the drafting has even finished.

A related issue is the right to self-determination as referred to in the draft Declaration. Governments opposing the relevant articles appear to claim that international law is not clear on the question of self-determination. This is not true. It is very clear that self-determination is a right of "all peoples", and cannot therefore, be denied to "indigenous" people. When a state's political system and government is so exclusive and non-democratic that it no longer can be said to represent the whole of the population, and oppresses the indigenous people, that people certainly should be permitted to exercise its right to self-determination.

The adoption of the Draft Declaration on the Rights of Indigenous Peoples as it stands today would give hope to the peoples from West Papua, the Chittagong Hill Tracts and the Ogoni and others whose rights are continuously violated. In the case of West Papua, extra-judicial executions, disappearances, torture and arbitrary detention committed by the Indonesian Armed Forces are part of the every day life. The situation is especially alarming when one looks at the historical facts. In1969, it was the international community that denied the people of West Papua the rights to self-determination, when the UN General Assembly accepted the outcome of the so-called 'Act of Free Choice' in which 1025 people were pressured to vote in favour of incorporation into Indonesia.

Another sad example is the critical situation in the Chittagong Hill Tracts. The Bangladesh constitution denies the recognition of the distinct identities of the indigenous peoples. This denial is accompanied by a refusal, in recent negotiations, by the Bangladesh government to undo the population transfer policy.At the same time, the authorities have refused to demilitarise the area. The armed forces present are responsible for a range of human rights violations, rape, sexual abuse, arbitrary arrests and torture.

Over the last years, governments have increasingly expressed their concern about the oppression of indigenous peoples in most parts of the world. This is a positive development. The TRP further notes with appreciation all the good work that is done also within the UN for the Declaration. However, a Declaration on the Rights of Indigenous Peoples alone is not sufficient to promote the rights of Indigenous Peoples. Further attention should be given to the protection of their rights. We believe that the existing international instruments can serve this end, and we therefore call on this Sub-Commission to support the work of a Special Rapporteur on Indigenous Peoples at the Commission level.

We welcome the efforts to establish a Permanent Forum for Indigenous Peoples. This Forum should not only deal with human rights issues; it should be established at a level within the UN system that would allow for discussion also of social and economic issues, education, health care, cultural issues, and political ones.

Thank you, Mr. Chaiman.