United Nations - Working group on Indigenous Populations
Indigenous Peoples and Globalization
24 July 2003 Session.

The essence of today's working group discussions were mainly about Human Rights for Indigenous Peoples and other legal aspects around the same theme. A brief discussion about hard law versus soft law occurred during the deliberations. The complexity of this particular subject can be illustrated by one example brought up by Mrs. Theresa Gonzales from the International Indian Treaty Council: "United States refuses to use the word "peoples" until word's property is defined". She made reference to Mr. Motoc's report on "standard setting" and mentioned the Draft Declaration, claiming for "appropriate recommendations" that are needed.

"Little progress has been made on the draft of the declaration on the rights of Indigenous Peoples", claimed Mr. Les Malezer, from the Aboriginal and Islander Research Action. Mr. Lazaro Pary from the Movimiento Indio Tupaj Maru shared his beliefs that the whole process "has been paralyzed due the opposition done by various states, to reduce the right to self-determination".

Many other issues relating to the legal systems were a major concern, as was pointed by Mr. Jamai Montiel (from the ALITASIA Intercultural Foundation). He mentioned the problem about these minorities and their access to justice: "Lack of a policy leave communities (particularly woman) treated in discriminatory ways by lawyers, prosecutors, and policemen". In an even major scope, "Transnational Companies can hide behind inadequate legal systems in certain countries", says Mr. Geoff Nettleton, from the Philippine Indigenous Peoples Links.

"Cultural aspects of Indigenous Populations seem to be endangered", said Mrs. Joji Cariño. "Indigenous Peoples have underlined their need to protect traditionally- inherited knowledge." She therefore asked for principles and guidelines to defend such knowledge.

Environmental issues were a highlight of today's discussions. "The exploitation of natural resources do not get along with the Indigenous Peoples way of life", said Mr. Dimitri Vaulin (from the Association of Indigenous Peoples of the North of Vanino District). He then asked for an "evolution in international Agreements that will allow the balance in the situation." Mr. Mikhail Todyshov, from the Russian Association of Indigenous Peoples form the North links the "pollution of the environment, and the destruction of the forest to the sickness of Indigenous Peoples". He also asks for a better work in International standards for this relation between Indigenous Peoples and Transnational Companies: "We ask for a clear game - they leave behind a 'moon surface', a complete destruction of the environment!"

The session finished with a few suggestions of amendments made by several participants. Mr. Yokota claimed there is a "need to formulate new ways for the interpretation of the international laws". Mr. Guissé believes that it is "better to go slowly and make something clear rather than rushing on the drafting of the declaration". Mrs. Hampson added that a priority should be given for a "worthwhile text." The chairperson, Mr. Martinez, proposed that two declarations should compare the rights of indigenous people from the point of view of their own groups with that of the state. Defining himself as a "pre-post-modern philosopher", he underlined the importance of observing the international laws, and mentioned "a growing trend of weakening the power of the State". Sharing his beliefs that the draft of the declaration should not "end with this decade," he reached a positive conclusion: "We are witnessing new possibilities emerging concerning the participation of indigenous peoples in the elaboration of certain papers".

By: Rogerio Goulart, Tania Salvo and Laura Salvo

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