Report on the item 5 : Prevention of Discrimination

August 11-12, 2003

The Sub-Commission began Item 5 regarding the Prevention of Discrimination during the afternoon plenary, Monday August 11, 2003. Under Item 5(b), Prevention of discrimination and protection of indigenous peoples, there were two working papers presented by Special Rapporteur Madame Erica-Irene Daes as well as the report of the Working Group on Indigenous Populations given by Mr. Miguel Alfonso Martinez. Ms. Daes' report discussed the Permanent Sovereignty of Indigenous Peoples over Natural Resources and was warmly welcomed by the Sub-Commission members. Ms. Daes noted that a comprehensive annex has been created and included a bibliography of court cases from the International Court of Justice (ICJ), the Inter-American Court for Human Rights, courts in the United States of America as well as international law standards concerning Indigenous populations. Ms. Daes discussed the adverse reaction to the term 'self-determination' in regards to Indigenous peoples by those who have been exploiting Indigenous peoples territories and noted that there are prior and paramount rights of Indigenous peoples to their land over the rights of the State. Ms. Daes noted that this issue had also been discussed in the Working Group on Indigenous Peoples, the Permanent Forum in New York, and the Working Group on the Draft Declaration for the Rights of the World's Indigenous Peoples. Ms. Daes stated that political and economical self-determination for Indigenous peoples was not possible without total sovereignty over their lands, and she said that this would be the only way to guarantee sustainable development of these territories. She further stated that it was the duty of both the Commission on Human Rights and the Sub-Commission to remedy the after-effects of colonialism on the ways and life of Indigenous peoples and their absolute right to total self-determination. Ms. Daes brought up the question of whether total sovereignty could be applied to Indigenous peoples, and her answer was a resounding 'YES.' She reminded the Sub-Commission that many Indigenous peoples have been long recognized as sovereign by many parts of the world, yet the exploitation of their lands and resources have made the issue of self-determination impossible. She stated that sovereignty has come to mean government/state control over resources within the nation's boundaries, which has not only destroyed lands, but begun the destruction of the various cultures of the world's Indigenous peoples. She declared that the issue of sovereignty, and more specifically the word's presence in this issue, must not be removed, as key to protecting the human rights for Indigenous peoples.

Mr. Alfonso Martinez, the Chairperson of the Working Group on Indigenous Peoples (WGIP), presented his report of the Working Group to the Sub-Commission. Mr. Alfonso Martinez noted that participation in the WGIP was roughly the same size as last year, with about 1000 participants in the week-long series of ten meetings. Mr. Alfonso Martinez sadly informed the Sub-Commission that the WGIP was under threat of survival by certain governments in the world and encouraged the Sub-Commission to recommend its continuance. With regards to the actual work of the WGIP, Mr. Alfonso Martinez discussed the methods used this year and described a new working method to stimulate dialogue and a more interactive, dynamic debate. For the first time in the 20 year history of the WGIP there existed a specialized group to open up new forms of dialogue between experts, governments and of course, Indigenous peoples. The focus of this specialized group was globalisation and its effect on the world's Indigenous peoples. During the week of the WGIP Mr. Alfonso Martinez noted that recurring theme throughout the WGIP was the negative effect of globalisation on the enjoyment and preservation of Indigenous cultures, the use by non-Indigenous peoples of Indigenous lands, especially in its military capacity, as well as issues with water and the exploitation and destruction of sacred ancestral lands. Mr. Alfonso Martinez requested that a legally binding document be produced that would detail the issue of 'prior consent' with regards to Indigenous peoples and their natural resources in order to temper these recurring global problems. Mr. Alfonso Martinez commended the initiative made by a WGIP member, Ms. Hampson, regarding a theme for next year's WGIP which would regard Indigenous peoples who live in areas in danger of disappearing due to rising seas and global warming. Mr. Alfonso Martinez requested comments and suggestions from his colleagues in light of the report of the WGIP.

Ten NGOs spoke under Item 5(b), Prevention of discrimination and protection of Indigenous peoples. The first NGO to touch upon this issue was a joint statement made by Minority Rights Group International and the African Society of International and Comparative Law. They briefly discussed the situation of tribal peoples in the Sudan who were being manipulated by the government within the ongoing civil strife. These two NGOs noted that in many areas of Africa there were serious conflicts and war due to the denial of minority rights, and in many of these areas recognition of minorities is a huge problem. They recommended immediate action from the UN to resolve these conflicts and detailed a coalition of NGOs that was being formed in order to alleviate the situation.

The Indian Council of South America was given the floor and the representative discussed the situation of the Buffalo River Dene Nation in North-western Canada. They discussed how the Canadian government had reneged on treaties made with the Dene, they were denied self-determination, and every day were losing their rights to their ancestral territories. They informed the Sub-Commission on the declaration the Dene Nation had made at both the Commission on Human Rights and in the WGIP to take the Canadian government to the ICJ in The Hague for the loss of their treaty rights. They noted the implications of this case on an international level, which would set a precedent for Indigenous peoples worldwide. They also mentioned the drastic situation of the Draft Declaration on the Rights of the World's Indigenous Peoples, as several governments are attempting to halt the granting of self-determination to Indigenous peoples. They stated that the Draft Declaration cannot be forced on Indigenous peoples without this key right, and they called for the immediate adoption of the Draft Declaration by all involved parties.

The Transnational Radical Party detailed the situation of the Montagnards, or Degar, Peoples of Vietnam's Central Highlands. The numbers of these peoples have been steadily decreasing every year since the French colonization of Indo-China. They noted with dismay that the Permanent Forum on Indigenous Issues is not addressing many of the core problems of Indigenous peoples of the world, and this is a very troubling state. Furthermore, the Transnational Radical Party is facing an allegation of collaborating with terrorists at the UN Committee on NGOs for the work they are doing with the Degar peoples. They detailed the violent and racist campaign to wipe out the Degar through torture, arbitrary detention, seizure of lands, arbitrary detentions and forced relocations. Furthermore the UN has been ineffective and even inactive in the plight of the Degar. The Central Highlands have been closed to outsiders by the Vietnamese government, and at the moment the Degar are trying to open talks with the Cambodian government to accept Degar refugees. The Transnational Radical Party urged the UN to encourage Cambodia to open their borders and ratify the Convention on Refugees so that they may help the Degar survive. The Degar representative further stated that they are not calling for independence from Vietnam; they would simply like a respect for their human rights.

The Indian Movement 'Tupaj Amaru' was the next NGO to take the floor on Item 5(b) and they focused on Madame Daes' working paper as well as the report of the WGIP. They noted that the land and natural resources are a major part of the Indian identity and this has become a controversial topic within modern political rhetoric. They noted that the un-adoption of the Draft Declaration relates to the economic power and political fist of the west, and also the lack of political will of others to oppose it. They underlined Ms. Daes' statement that Indigenous peoples have the right to permanent sovereignty of their native lands. They also noted the liberation movements in Palestine and Chiapas, stating that oppression will not last forever. They condemned the tyranny of military power as well as how the Durban Conference failed to redress the extermination of Indigenous peoples and colonization. They further noted that these issues are the root of today's discrimination and racism. They advocated the continuance of the Permanent Forum and all Working Groups regarding Indigenous issues. They closed their intervention stating that the mutilation of Mother Earth, the poverty and degradation were unacceptable, and that the current racist, and unjust economic order is totally unsustainable.

International Educational Development (IED) briefly touched on Item 5(b) in regards to the UN Voluntary Fund for Indigenous Peoples. IED was concerned by the current plans to consolidate all voluntary funds into one, as they feel that each voluntary fund is fiscally sound and appropriate. They noted that each subject needs separate attention, and the Voluntary Fund for Indigenous Peoples was very sorely needed for the Indigenous communities of the world.

The International Indian Treaty Council (IITC) took the floor once again to protest the prevalent racism and discrimination of Indigenous peoples worldwide. They used the metaphor of Hydra from Greek mythology, and stated that the beast of discrimination perverts everything and prevents a harmonious world. They noted the manner in which trials in Chile were conducted were racist as they forced Indigenous witnesses to testify from behind curtains. They also noted the recent assassinations of human rights leaders and Indigenous activists in Mexico. Furthermore in Mexico there had been disappearances, arbitrary detentions, murders, and rarely proper trials of Indigenous peoples and activists. They noted that there had been no just and impartial trials of these assassinations by the Mexican government. They praised Mr. Alfonso Martinez as well as the WGIP, and stressed their appreciation of the 2nd Decade for the World's Indigenous Peoples proposed by the WGIP. Furthermore, they commended the work of Madame Daes and appealed to the Sub-Commission to continue the WGIP as well as implement a 2nd Decade.
The Foundation for Aboriginal and Islander Research Action (FAIRA) reminded the Sub-Commission that the end of the 1st Decade for Indigenous Peoples was coming to a close in 2004. The positive events of this 1st Decade involved the development of structures in the UN such as the Permanent Forum, the Special Rapporteur on Indigenous Issues, and the continuance of the WGIP, to name a few. Yet, FAIRA was very critical of the shortcomings of the Decade. Still, Indigenous peoples were the poorest of the poor; the most marginalized, and deprived communities in the world. They condemned how the Draft Declaration was being sabotaged by certain governments, and furthermore other states lacked the political will to speak up about something so wrong. FAIRA stated that the WGIP was a forum for Indigenous communities to talk about violations by governments, but has yet to be enough to change discrimination. FAIRA was disappointed by the Durban Conference, especially in regards to the modification of the definition of Indigenous peoples which was wholly inappropriate. They wondered how it was possible that all of these human rights treaty bodies existed to take complaints and enact change, yet governments continued to ignore all with impunity. FAIRA brought to the Sub-Commission's attention the fact that Australia had been in violation of CERD on many levels, one being their refusal to submit reports on the status of racism in the country. FAIRA was in complete support of the 2nd Decade for Indigenous peoples, and called upon the Secretary General of the UN to critically assess the attempts to address states and their elimination of racial discrimination. FAIRA also encouraged the treaty bodies to consider more effective means of government compliance, and asked all Indigenous peoples to speak out for their communities.

The Afro-Asian Peoples Solidarity Organization (AAPSO), touched upon Item 5(b) in their discussion of ethnic cleansing in Bangladesh. AAPSO called to the Sub-Commission's attention the fact that tribal peoples and religious minorities were being systematically wiped out by the Muslim fundamentalist government. They mainly focused on the issue of gang rape, especially of women and girls in the family at the same time and with male members of the family forced to watch. 97.8% of women raped were of ethnic or religious minorities, and thus not allowed to press charges against their rapists. Because of the shame of rape in this society, many of the women were ostracized if they spoke out about what happened to them. They noted that 200 women a night are raped in Bangladesh and the rapists are usually Muslim men. Along with the gang-rapes come evictions, seizures of land, forcible relocation, the burning of homes and people and further atrocities. AAPSO desperately asked the Sub-Commission to send a team to investigate the communal violence in Bangladesh at the hands of Muslim fundamentalists.

The International League for the Rights and Liberations of Peoples discussed how the lands and resources of Indigenous peoples make up 90% of the world's biodiversity in the form of land, timber, tourism, oil, mining, medicine and many other resources. They condemned the fact that not only was the Indigenous peoples right to land exploited, but also their deep and sacred relationship with it manipulated and abused. They were critical of the fact that the Draft Declaration was still not ready due to certain governments curtailing its adoption and attempting to dilute the document until it had no meaning or power left in its stead. They noted that self-determination was key for Indigenous communities, and yet there seemed to be a very restrictive application to this necessary right.

The International Service for Human Rights discussed the identity and spiritual core for Indigenous peoples with regards to land rights. They noted that the gradual erosion of lands was a slow extermination and should be more aptly named genocide. The International Service for Human Rights was the last NGO to speak, and the only Inter-governmental Organization and Government to discuss Item 5(b) was the International Labour Organization. ILO was responsible for the only two international instruments regarding Indigenous and tribal peoples: the Indigenous and Tribal Populations Convention, 1957, as well as the Indigenous and Tribal Populations Convention, 1989. The ILO is encouraged by the growing awareness on issues of Indigenous peoples throughout the UN system, but also recognizes that there is very much to be done to help the 350 million Indigenous peoples in the world who suffer all forms of discrimination. The ILO urged the Sub-Commission to strengthen global awareness of the situation for Indigenous peoples and the better implementation of their human rights. They also asked the Sub-Commission to encourage States to follow-up on commitments made during the Durban Conference. Furthermore, the ILO encouraged all states to ratify the Tribal Populations Convention and contribute to an affirmative action with regards to Indigenous and Tribal peoples.

By: Sezin Rajaundra

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