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Editors --- "Report of the Working Group on Indigenous Populations on its twelfth session - Discrimination against Indigenous Peoples - Digest" [1996] AUIndigLawRpr 26; (1996) 1(1) Australian Indigenous Law Reporter 145

Report of the Working Group on Indigenous Populations on its twelfth session
Discrimination against Indigenous Peoples

IX Conclusions and Recommendations

133. The representatives of indigenous peo ples and government observers expressed their general views on the draft United Nations declaration on the rights of indigenous peoples, which had been agreed on by the members of the Working Group at its eleventh session (E/CN.4/Sub.2/1994/2/Add.1). The members of the Working Group were of the opinion that the text transmitted to the Sub-Commission was comprehensive and reflected the legitimate aspirations of indigenous peoples as a whole, as well as a number of suggestions and concerns advanced by observer Governments.

134. The Working Group reviewed with appreciation the technical review of the draft United Nations declaration on the rights of indigenous peoples prepared by the Centre for Human Rights (E/CN.4/Sub.2/1994/2) and was satisfied as to the legal sufficiency of the draft and its consistency with the guidelines for new human rights instruments set forth in General Assembly resolution 41/120.

135. The Working Group recognized the desire expressed by a majority of the indigenous peoples to move as soon as possible to the consideration and approval of the draft declaration by the competent superior bodies and organs of the United Nations, beginning with the Sub-Commission and the Commission on Human Rights. In that regard, the Working Group recalled the interest of certain Governments in the speedy completion and political review of the draft, as expressed in, inter alia, General Assembly resolution 45/75, Commission on Human Rights resolution 1993/30, and the Vienna Declaration and Programme of Action.

136. The Working Group accordingly suggested that the Sub-Commission, which had had the opportunity to review and comment on the progress of the drafting each year as reflected in the reports of the Working Group's sessions, submit th e text contained in document E/CN.4/Sub.2/1994/2/Add.1 as soon as possible to the Commission on Human Rights.

137. The Working Group further recommended that the Sub-Commission urge the Commission on Human Rights to take the necessary steps to expedite the consideration of the draft declaration and to take effective measures at its fifty-first session to ensure that representatives of indigenous peoples were able to participate fully in the consideration of the text by the Sub-Commission, if necessary, and the Commission. It also recommended to the Commission, through the Sub-Commission, to propose to the Economic and Social Council that it take steps to ensure that indigenous peoples could participate effectively in the consideration of the draft declaration, as they were able to do in the Working Group. In the history of the United Nations, no other human rights instrument has enjoyed such diverse and constructive contributions by the peoples concerned, and that important partnership should continue. At the same time, it was the view of the members of the Working Group that the effectiveness of the draft declaration, after its adoption, would depend fundamentally upon its credibility and legitimacy with indigenous peoples themselves and with the Governments concerned.

138. The Working Group recommended that the draft declaration, as adopted by the Sub-Commission, should be annexed to the revised Fact Sheet No. 9 on indigenous peoples and given the widest possible distribution.

B. Decade of the World's Indigenous Peoples

139. The Working Group expressed its appreciation to the Governments, United Nations bodies and specialized agencies that had submitted written information and proposals on the subject of the forthcoming Decade, and to the indigenous peoples organizations and observer Governments that had contributed to the debate on that item of the Working Group's agenda. Undeniably, the International Year had set in motion a global momentum in support of greater attention to the rich heritage of and contemporary concern for indigenous peoples, which the Decade could continue to build upon and translate into practical action.

140. Participants at the Working Group's twelfth session stressed the importance of achieving the adoption of the draft declaration by the General Assembly before the conclusion of the Decade. The members of the Working Group recommended that that be made an explicit goal of the Decade, and that all of the official promotional activities associated with the Decade should refer to the draft declaration and explain its content and significance. There should be the widest possible publication and dissemination of the text in official and indigenous languages, by the United Nations and where possible by Governments.

141. Participants at the Working Group's twelfth session also stressed that the Decade should place priority on the new role of indigenous peoples as decision makers and beneficiaries of national, regional and international development activities. Official activities celebrating the Decade, at all levels, should have an operational focus and pursue the theme of "A new relationship: partnership in action".

142. Particular attention should be paid to improving the extent and effectiveness of indigenous participation in planning and implementing the activities for the Decade, including the recruitment of indigenous staff members in all relevant United Nations offices and agencies, and giving urgent attention to the need for a capable, adequately-financed special staff unit to assist the Coordinator for the Decade.

143. In that context, the members of the Working Group stressed the importance of securing adequate financial and human resources for achieving the goals established for the International Decade and for the successful carrying out of the activities to be included in the programme of action. They recommended that the Sub-Commission propose to its superior bodies that they take the necessary steps to ensure that the regular budgets of the United Nations and its specialized agencies include specific adequate budgetary allocations for the Decade. The Working Group also recommended that the Secretary-General should establish, during the first quarter of 1995, the Voluntary Fund for the Decade foreseen in paragraph 14 of General Assembly resolution 48/163. A board of trustees on which representatives of indigenous peoples would participate as full members should be appointed to administer the Fund.

144. The Working Group recommended that the Secretary-General consider renewing the appointment of the Nobel Prize Laureate, Mrs. Rigoberta Menchu Tum, as United Nations Goodwill Ambassador.

145. The Working Group also recommended that the General Assembly should authorize the Coordinator to convene technical meetings on the Decade, following the practice developed for the International Year, prior to the annual sessions of the Working Group.

146. With regard to specific themes and activities for the Decade, the Working Group considered that the programme outlined by the Chairperson- Rapporteur in her note (E/CN.4/Sub.2/1994/52), addressed the broad range of interests and concerns expressed by indigenous peoples themselves, and should be transmitted to the General Assembly, through the Sub-Commission and the Commission on Human Rights, in accordance with General Assembly resolution 48/163 and Commission resolution 1994/26. Attention should also be paid to the document submitted to the Technical Meeting on the Intentional [sic] Year and Decade by the Indigenous Initiative for Peace (E/CN.4/AC.4/1994/TM.4/CRP.7).

C. International Day of Indigenous Peoples

147. The Working Group wholeheartedly endorsed the proposal made by a number of indigenous participants, including the Nobel Laureate, Mrs. Rigoberta Menchu Tum, and the Chairperson of the Aboriginal and Torres Strait Islander Commission, Ms. Lois O'Donoghue, that the International Day of the Indigenous People be observed annually on 9 August, the anniversary of the first meeting of the Working Group on Indigenous Populations in 1982. That day marked the beginning of the recognition of indigenous peoples and their struggle for dignity by the United Nations system, and was therefore appropriate as a time of shared celebration by the United Nations and indigenous peoples throughout the world.

D. Permanent Forum of Indigenous Peoples

148. In response to the requests made in General Assembly resolution 48/163 and Commission on Human Rights resolution 1994/26, the Working Group engaged in a preliminary exchange of views with indigenous peoples' organizations and observer Governments, based upon a note prepared by the Chairperson-Rapporteur outlining some major issues for discussion (E/CN.4/Sub.2/AC.4/1994/13), the guidelines contained in the annex to the present report and a note prepared by the Secretary-General (E/CN.4/Sub.2/AC.4/1994/11). The Working Group believed that an ongoing process of consultation and agreement with indigenous peoples and Governments was required in order to deal justly with that important subject, in the spirit of partnership and collaboration launched by the International Year.

149. The Working Group was of the opinion that among the possible functions to be assigned to the permanent forum would be to play an important role in operational coordination for development. That operational role required that the forum should enjoy observer status at all United Nations bodies in that field, including the Economic and Social Council, the Commission on Human Rights and the Commission on Sustainable Development.

150. In that respect the Working Group noted that the system-wide coordination contemplated in Economic and Social Council decision 1992/255, and in section 26.5 of the programme of action adopted in 1992 by the United Nations Conference on Environment and Development (A/CONF.151/26/Rev.1, vol. I, Agenda 21), had not yet been entrusted to any specific institution or organ of the United Nations. The Working Group believed that, at the current stage, a permanent forum might be the most appropriate mechanism for assuming those important responsibilities.

151. The Working Group, in discussing the item, considered a paper submitted by the Government of Denmark (E/CN.4/Sub.2/AC.4/1994/CRP.3) and expressed its gratitude to the Government concerned and encouraged other Governments to make their contributions on this question.

152. The Working Group believed that it would be useful to hold further consultations on the question of a permanent forum and encouraged Governments and indigenous organizations, together with experts, to consider how they could contribute to the further elaboration of the proposal, with a view to presentation at the thirteenth session of the Working Group.

E.Future of the Working Group

153. The members of the Working Group believed that the Working Group would continue to serve important and necessary functions. Those included its present functions, in particular additional standard setting in fields in which members of the Working Group were engaged in technical studies, and ensuring continuity in the unique dialogue between indigenous peoples, Governments and the United Nations system which had evolved into a major and routine part of the Working Group's annual sessions. Both indigenous peoples and Governments had stated that they greatly valued the opportunity they had had since 1982 to meet annually at Geneva and to engage in a frank exchange of views, on a basis of equality, which had developed into a constructive dialogue.

154. The Working Group accordingly should continue to meet annually under its existing mandate. In addition, the Working Group was of the opinion that it might play a role in the mechanism to be established by the General Assembly to evaluate the fulfilment of the goals of the Decade and the carrying out of the activities included in the programme of action to be adopted.

155. The Working Group, moreover, recommended that the Sub-Commission on Prevention of Discrimination and Protection of Minorities and Commission on Human Rights should encourage Governments, when nominating independent experts/ alternates for election to the Sub-Commission, to consider selecting indigenous people, with a view to their serving as members of the Working Group in the future.

F. Studies and reports

156. The Working Group regretted that the Special Rapporteur on treaties, agreements and other constructive arrangements between States and indigenous peoples could not submit his second progress report, as requested by the Sub-Commission, and recommended that he make all possible efforts to submit his second progress report in 1995 to the Working Group at its thirteenth session and to the Sub-Commission at its forty-seventh session and his final report to both bodies, if possible in 1996.

157. The Working Group requested the Secretary-General to provide the Special Rapporteur with all the necessary assistance to fulfil his mandate, in particular with the services of a consultant.

158. Participants at the twelfth session of the Working Group have reviewed with great interest the conclusions and recommendations of the fourth and final report on transnational investments and operations on the lands of indigenous peoples (E/CN.4/Sub.2/1994/40), and expressed regret at the discontinuation of that important monitoring project. The Working Group recommended that the Sub-Commission urgently request, through the Commission on Human Rights and the Economic and Social Council, that the Secretary-General find the means of implementing the recommendations, contained in the report, for ongoing research and communication with indigenous peoples within the framework of the Decade and the permanent forum.

159. In the light of paragraph 2 of Commission on Human Rights resolution 1993 /30, the Working Group decided to request the Sub-Commission to recommend that the secretariat transmit the report of the Working Group to all thematic rapporteurs, special representatives, independent experts and working groups, calling upon them to pay special attention, within the framework of their mandates, to the situation of indigenous people.

G. Meetings and conferences

160. The members of the Working Group reviewed with great interest and appreciation the draft final act to be considered by the International Conference on Population and Development (A/CONF.171/L.1), especially those provisions relating specifically to indigenous peoples. The Working Group agreed to recommend to the Conference, in accordance with the invitation of the Preparatory Committee, the use of the term "peoples" in the Final Act to be consistent with the terminology and substantive legal provisions of the draft Declaration on the Rights of Indigenous Peoples.

161. The Working Group took note, with concern, of the minimal extent to which indigenous peoples have thus far participated in preparations for the World Summit for Social Development, and recommended that the Sub-Commission appeal to the secretariat of the World Summit, and to participating Governments , to take appropriate steps to facilitate and promote the effective participation of indigenous peoples in the World Summit. The Working Group further recommended that a special day for indigenous peoples be set aside during the final Preparatory Committee session for the World Summit in January 1995, to ensure consideration of the relationship between the World Summit and the Decade, and that the Chairperson-Rapporteur of the Working Group be authorized to attend the remaining sessions of the Preparatory Committee and the Conference as its representative.

162. The Working Group reaffirmed its recommendation that future sessions of the Working Group should be held in locations other than Geneva.

163. The Working Group decided to consider the questions of "standard-setting activities", "review of developments pertaining to the human rights and fundamental freedoms of indigenous populations", "treaties and agreements with indigenous peoples", "International Decade of the World's Indigenous People", "future of the Working Group", "permanent forum for indigenous peoples" and "other matters" as separate items on the agenda of its thirteenth session.

164. The Working Group expressed its appreciation to the secretariat for the preparation of an annotated agenda for its session and requested that an annotated agenda be prepared for its thirteenth and subsequent sessions.

The annual reports of the Working Group on Indigenous Populations are submitted to its parent body, the Sub-Commission on Prevention of Discrimination and Protection of Minorities. At its forty-sixth session in 1994, the Sub-Commission adopted the following resolutions concerning indigenous issues:

* 1994/45 Draft United Nations declaration on the rights of indigenous peoples;

* 1994/46 Discrimination against indigenous peoples;

* 1994/47 International Decade of the World's Indigenous People;

* 1994/48 Protection of the heritage of indigenous people;

* 1994/49 Participation of indigenous persons and organizations in bodies of the United Nations during
discussion of the draft United Nations declaration on the rights of indigenous peoples;

* 1994/50 Permanent forum in the United Nations for indigenous people.

In its resolution 1994/45 of 26 August 1994, the Sub-Commission decided to adopt the draft declaration on the rights of indigenous peoples, as agreed upon by the members of the Working Group, and to submit the draft declaration to its parent body, the Commission on Human Rights, at the Commission's fifty-first session in 1995. Sub-Commission resolution 1994/45 and the draft declaration are reproduced overleaf.