Plenary Session, Tuesday, the 12th of August

The Sub-Commission continued this morning the debate on the prevention of discrimination around the world, with the interventions of several NGOs as well as the report of Mr Alfonso Martinez on the work of the Working Group on indigenous populations.

Mr Alfonso Martinez said that this year a new methodology had been introduced including the stimulation of a much more vital, dynamic and interactive debate. A specialization group with the aim of drawing up new discussion points has been set up. The basic issues analysed in the discussion included the problem of land and natural resources; the impact of globalisation on the daily lives of indigenous peoples; the enjoyment of the culture and intellectual products of the culture of indigenous peoples and the use by non-indigenous sources of indigenous land for military activities. He also said it was essential to connect the issue of sovereignty and the right of indigenous peoples concerning their natural resources and that all peoples and nations were party to the principle of the doctrine of development.

A few other Experts spoke in favour of the work done by the Working Group and said that it should encourage the dialogue between the dialogue and the indigenous peoples.

Non-governmental Organisations addressed then the Sub-Commission about the Prevention of Discrimination.
Mr Chapman, of Minority Rights Group International, speaking on behalf of African Society of International and Comparative Law, said that some States in Africa were not paying sufficient attention to the rights of minorities. Despite the attention given to the terrible ethnic conflicts that continue to mar African history, there had been little international attention given to traditional African methods that successfully mediated between ethnic groups, resolved conflicts and strengthened relations.
Mr Prove, of Lutheran World Federation, speaking on behalf of Minority Rights Group International, welcomed the working paper on discrimination based on work and descent. The Sub-Commission could play an important role in further examining this type of discrimination and elaborating recommendations for measures to be taken towards its total elimination.
Mr Dugal, of Baha'i International Community, speaking on behalf of Minority Rights Group International, stated that next year will be the tenth after the Rwanda genocide, said that the problem of Rwanda was not a failure of information but a failure to act upon the information obtained. Diplomatic prevention of conflicts would be essential in order to avoid any form of conflict to ignite, particularly conflicts among ethnic groups. The international community should be capable to prevent the occurring of incidents of genocide by increasing its vigilance.
Mr Leblanc, of Dominicans for Justice and Peace, speaking on behalf Franciscans International, Pax Christi International and International Catholic Peace Movement, provided an example of religious discrimination found in Pakistani legislation that promoted a culture of intolerance, division and extremism. The organisations strongly urged the Government of Pakistan to assume its full responsibility and take immediate and comprehensive action to end discrimination against Christians and other religious minorities and promote and protect Human Rights for all.
Mr Littman, of the Association for World Education, said that the Acting High Commissioner for Human Rights stressed that the role of education for Human Rights was crucial, adding that programmes should be considered for educational activities that could help deal with that phenomenon.
Mr Blackman, of Indian Council of South America, said that indigenous peoples of the Buffalo River Dene Nation in Canada were being discriminated against on the basis of their right to land and life. He blamed the Canadian Government to say they are taking care of and protecting their indigenous peoples when they were the ones who perpetuated this discrimination and the elimination of their treaty rights through many sophisticated moves.
Mrs Nakai, of Japan Fellowship of Reconciliation, spoke about the case of two Chinese university students detained in the West Japan Alien Detention Centre in Osaka, under the pretext they are not Japanese descendents by blood.
Mr Ksor, of Transnational Radical Party, stated that the existence of the Montagnards or Degar peoples of Viet Nam's central highlands was neglected and it was virtually impossible to assess the decrease in the number of hill tribes people from the days of colonisation until today. The life, welfare and ancestral culture of hundreds of thousands of individuals was at stake, and the international community must act.
Mr Koukab, of Himalayan Research and Cultural Foundation, said that the Working Group on minorities had brought out valuable working papers and reports and had conducted seminars which had brought clarity and coherence on the subject and had provided a normative basis for dealing with minorities' rights in international law. The report on the update to the study on the same subject had stressed that the prevalence of general Human Rights culture was a sine qua non for ensuring the implementation of Human Rights.
Mrs Al-Saba, of International Islamic Federation of Student Organisations, believed that a government had a legal and moral obligation to create transparent systems of governance that provided safeguards and protection to minority groups against discrimination and exploitation at the hand of the majority. The Sub-Commission was urged to promote and protect affirmative action and special measures programmes throughout the world, where programmes were in place to remedy wrongs and to ensure lasting socio-economic equality.
Mrs Biondi, of International Confederation of Free Trade Unions, expressed her Confederation's satisfaction for the entry into force on 1st July 2003 of the new international treaty protecting migrant workers - a major breakthrough for the world's 175 millions migrant workers, among the most vulnerable people, frequently subjected to discrimination, appalling work conditions and poverty wages.
Mr Sharafeddine, of International Organisation for the Elimination of All Forms of Racial Discrimination, said the insane aggression against Iraq served no other purpose but to control this country's resources and to arrogantly bully its people and coerce them by force. If there was any justice in the work, those who waged this tragic war must be brought to justice and tried in front of the United Nations and the international community to serve as an example throughout history. NGOs must strongly condemn violations of international law and must pursue justice through the International Criminal Court.
Mr Pary, of Indian Movement "Tupaj Amaru", said that natural resources of indigenous peoples had turned into a very controversial topic. Behind the refusal to adopt the Declaration were hidden reasons and interests of States in the land of indigenous peoples. The access indigenous peoples have to their natural resources was key to self-determination. The eradication of racism required the political will of States.
Mr Shiokawa, of International Association of Democratic Lawyers, explained that their fund-raising principle was simple but steady. By increasing gradually the number of contributors and amounts of contribution of the UN Voluntary Fund, international cooperation for Human Rights would come true as people were getting more and more involved in Human Rights issues.
Mrs Leurinda, of All for Reparations and Emancipation, said the Afro-descendant minorities, through the slavery diaspora had experienced total destruction of their collective Human Rights (original identity, language, culture and religion). They sought official recognition that there were new minorities from the Sub-Commission and all bodies of the UN.
Mrs Parker, of International Educational Development, Inc., said that a key element of the success of the Funds established by the General Assembly (UN Voluntary Trust Fund on Contemporary Forms of Slavery for example) was that each had their own boards of directors who specialised in the subject areas and who decided on the distribution of the available Funds in as equitable a way as possible. The group was thus concerned that proposed or actual changes in those Funds could have an impact on their operations and the Working Group that they supported.
Mr Diaz de Jesus, of International Indian Treaty Council, said it was particularly regrettable to have to raise one's voice to appeal against racism and discrimination which affected indigenous peoples, minorities and vulnerable groups at all levels. The unswerving support of the Council for the proposal of a Second Decade for Indigenous Peoples was stressed.
Mr Saini, of European Union of Public Relations, said that the evil of discrimination based upon the diversity of mankind remained the greatest hurdle in the path of global development.
Mrs Parker, of Minnesota Advocates for Human Rights, drew the attention of the Sub-Commission to the killing of over 2000 Muslims and the destruction of over 100000 Muslim homes in the state of Gujarat, India, in a single, organised campaign of violence wages against the Muslim population in February to March of 2002. Credible internal and external investigations had concluded that Hindu nationalist groups operated with the cooperation of the state and targeted the violence at Muslims. The Indian Government was called upon to take special action in this case and to follow the National Human Rights Commission's recommendations with regards to this incident. The Sub-Commission was urged to study this and other cases in their analysis of problems of discrimination.
Mr Littman, of World Union for Progressive Judaism, recalled last year's petition to the High Commissioner, signed by over 123000 persons expressing their grave concern at the collective blindness by the international community and calling on the High Commissioner, all UN bodies, church leaders, particular Muslim spiritual leaders, to open their eyes to the lamentations of the remnant Christian Dhimmi communities who often endured persecutions.

By: Melvina ARAMAN

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