1. 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.

2. 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 Subcommission became so successful. The growing participation of Indigenous delegates has made it no longer possible for the world to ignore the human rights violations indigenous peoples are subjected to.

3. 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 reflects a minimum st

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

4. 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. Much work has been done on this subject in the past, and a number of working definitions have served as the basis for the work of the Subcommission and its Working Group. These working definitions emphasize the concept of selfidentification. This should continue to suffice for purposes of the Draft Declaration.

5. Whereas indigenous delegations were able to play an important role during thedrafting 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. Last session, they were excluded from the decision making process with regard to the organization of work and the agenda setting procedure. 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.

6. 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. In addition, as put by an eminent lawyer of the Chittagong Hill Tracts "[t]he denial of the rights of indigenous peoples to exist as a separate and distinct people with their own traditions, cultures and practices [..] seriously [undermines] many fragile democracies in Asia, as well as in other parts of the world. The increasing number of armed conflicts in indigenous

areas emphasize the urgent need to address the needs and concerns of indigenous peoples in a broader spirit of understanding, and with greater comprehension for their hopes and aspirations."

7. Many state governments use the argument that the right to self-determination threatens the territorial integrity of the state. These governments do not seem to realise that the denial of the rights of the indigenous peoples to decide and define the parameters of their own development - political, social, cultural and economic will serve no other objective than to impair the integrity of the nation-state.

8. Indigenous peoples too must have the right to determine their own future, on an equal basis with all other peoples. By adopting the Draft Declaration on the Rights of Indigenous Peoples as it stands today, the Commission on Human Rights would finally give recognition to these rights and, by doing so, make an important contribution to the protection of human rights worldwide.

9. It 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 arbitrarydetention 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. in 1969, 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.

10. A second example is the oppression of the Karenni and Mon People by the Burmese government. Although the world is finally waking up and starting to take action against a government with a terrible human rights record, silence still continues on the particular situation of the Karenni and Mon people who are especially hit hard by the oppression.

11. 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.

12. 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 Transnational Radical Party 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 recommend the appointment of a Special Rapporteur on Indigenous Peoples at the Commission level.

13. 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. We urge the Sub-Commission to take all the necessary steps to provide the Commission's Secretariat with the mandate and necessary funds to organise a second Workshop on the Permanent Forum in Chile.