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The International Decade of the World's Indigenous People, proclaimed in 1994 by the United Nations General Assembly, will end in 2004. Its aim, which is to strengthen international cooperation for the solution of problems faced by indigenous people in such areas as human rights, the environment, development, education and health is "already being turned into reality", said Secretary-General Kofi Annan on the occasion of the International Day of the World's Indigenous People, which was observed on 9 August 2003. The Decade's two main thrusts are to create permanent mechanisms to address these issues, and to establish and promote human rights standards with regard to indigenous populations.
Currently, there are three instruments within the UN system that deal with indigenous issues: the Working Group on Indigenous Populations, which monitors the human rights of these people and develops normative standards to improve their situation; the Special Rapporteur on the situation of human rights and fundamental free-doms of indigenous people, who investigates allegations of systematic abuses and atrocities, through fieldwork and direct communication with Governments and local indigenous groups; and the Permanent Forum on Indigenous Issues, which reports directly to the Economic and Social Council and thus is able to cover aspects falling outside the human rights category. Each has a distinct mandate, and although there is still some debate over what structural changes should be implemented to increase efficiency, there is optimism that further progress can be made.
In conversations with the UN Chronicle, Chairman Ole-Henrik Magga of the Permanent Forum noted that while their work was just beginning, all three components are necessary to "work hand in hand", functioning much like a chair that "cannot stand with only two feet".
Still under review, the arrangement was nonetheless considered a culmination of work carried out by indigenous groups, UN agencies and other non-governmental organizations (NGOs) in tandem with State Governments during the International Decade. In addition to efforts accomplished at the international level, much had been done on a regional basis to promote education and dissemination of information about indigenous issues.
Another major goal of the Decade—the adoption of a Declaration on the Rights of Indigenous People—has not yet been met. The ninth session of the working group on the draft declaration met from 15 to 26 September 2003 in Geneva to continue preparation of a resolution that would be accepted by the General Assembly. Concerns regarding the issues of self-determination, land rights and natural resource exploitation have slowed this process, and so thus far only two articles from the draft declaration have been adopted. It appears unlikely that this course will come to completion in the near future, but what steps will be taken if it is not brought to the Assembly before the end of the Decade remain to be seen.
Although the Permanent Forum is still in its infancy, it is not too soon to begin assessing its work and, indeed, questions are being raised both within the United Nations system and among indigenous organizations. An article in Indigenous Affairs of January 2002 argued that a great number of oral interventions made at its meetings each year are neither followed up nor included in its report. The author, Suhas Chakma, cautions that "there is a danger that the Permanent Forum may fall into the trap of being a standard-setting body like the Working Group" on Indigenous Populations. While it is not within the mandate of the Working Group to address specific instances of human rights abuses, the concern is that the Permanent Forum should not replicate its working methods.
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But each differs in several fundamental ways. The Forum's mandate is much broader, encompassing not only human rights but also health, environment, culture, education and economic and social development, and it reports directly to the Economic and Social Council, placing it on the same level as the Commission on Human Rights. This is the highest-level body that can be established at the United Nations without constitutional reform. The purpose of the Forum is threefold: to provide expert advice on indigenous issues to the Council, as well as to UN programmes, funds and agencies; to raise awareness and promote the integration and coordination of activities related to indigenous issues within the UN system; and to prepare and disseminate information on indigenous issues.
The Forum is composed of sixteen members—eight are nominated by indigenous organizations and the rest by Governments—serving three-year terms. This had been a point of contention, as concerns were raised on the possibility of a power differential between the two groups; yet, neither have all the government seats been filled by non-indigenous experts nor all the indigenous organization seats by indigenous people. Commenting on its reception, Mr. Magga, who is also a member of the Saami people of Norway, said that "it's a little bit too early to judge, but my impression is that we have been received in a very positive spirit everywhere". Nonetheless, he concedes that indigenous groups "have good reason to be skeptical, because so far the UN system has not been doing much".
The Forum's work includes holding annual meetings to bring together voices from indigenous organizations, UN bodies and specialized agencies, NGOs and academic organizations, as well as government observers. While the first of these meetings dealt primarily with procedural issues, the second—held from 12 to 23 May 2003—focused on "Indigenous Children and Youth", highlighting the material and psychological difficulties that indigenous societies face in ensuring the survival, growth and prosperity of future generations. Over 500 indigenous nations, groups and organizations were involved, resulting in a number of recommendations to the Council, which included launching a comprehensive programme for better collection of data concerning indigenous populations, committing a high-level segment of the Council's 2006 substantive session to indigenous issues and suggesting a second international decade of the world's indigenous peoples.
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The Council has responded positively to the work of the Permanent Forum and all of its recommendations were adopted in 2003 by either confirmation or intention to take them into consideration for future action. In July, the Council decided to continue its review of UN internal mechanisms relating to indigenous issues, following presentations by the Permanent Forum and independent organizations. The review is intended to rationalize activities, avoid duplication and promote effectiveness, as several Member States have expressed concern over the possibility of overlap following the Forum's creation.When the review began in 2002, indigenous groups feared that it was an attempt by some countries to shut down the Working Group on Indigenous Populations. In a joint statement, a number of them voiced their anxieties at the Group's annual meeting.
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Arguing the case before the Council one year later, Miriam Anne Frank of the Netherlands Centre for Indigenous Peoples stated that there was still work that needed to be done on universal standard-setting on indigenous rights, which is the distinct mandate of the Working Group. It has promoted cultural understanding and advocated for the equality of rights of indigenous peoples and should not be penalized for its success, said Kenneth Deer of the Indigenous World Association.
In contrast, the Permanent Forum does not have the mandate to develop human rights norms, nor does it have the resources to promote education and widespread awareness on indigenous issues to the public. Chairman Magga explained to the Chronicle that their capacity to prepare and disseminate information is concentrated primarily on the UN system, although he hoped that this would eventually extend to indigenous communities as well. He considered that "the Forum itself is the access, the first door" to the UN system for indigenous peoples. "We are working now to have them come not only to describe the situation but to come up with recommendations", he continued, pointing out that specific requests by indigenous groups would be included in the Forum's reports and conveyed to the appropriate UN agencies.
A recent example of the Forum's ability to transmit information to the higher United Nations bodies is its follow-up on the situation of Pygmy groups in the Democratic Republic of the Congo. Reacting to allegations of atrocities being carried out against the Pygmy communities, Forum representatives met with the Security Council President on 21 May to discuss the issue. Njuma Ekundayano, Vice-Chairperson of the Forum, reported to the press that not only were these minorities targets of long-standing systemic violence and insecurity but new accounts had surfaced concerning major human rights abuses, including cannibalism, in the wake of the current conflict in the Congo. That was the first time that any indigenous rights issue had been brought directly to the Security Council, which will determine what steps will be taken to address the problem. As Mr. Magga pointed out, "the UN system depends on Governments—they are the foundation and they are the ones that decide what the UN does".
The task of bringing indigenous concerns closer to the forefront of United Nations work is a central element in the Permanent Forum's efforts. Addressing the General Assembly's Third Committee on these issues in October, Johan Scholvinck, Director of the Division for Social Policy and Development of the UN Department of Economic and Social Affairs, pointed out that "mainstreaming is no easy task: it involves changing public policies and resource allocations. It is also about public officials-international and national—gaining in-depth understanding of the issue."
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It is in this light that the Permanent Forum chose to hold its first three annual meetings at UN Headquarters in New York. John Scott of the Forum secretariat explained that although these meetings could have been held anywhere in the world, the decision was made to impress upon the various UN bodies and specialized agencies of the Forum's unique function within the UN system. Dialogue is being established with organizations such as the World Health Organization, the United Nations Educational, Scientific and Cultural Organization and the World Bank. Forum members are working year-round to bring the message of indigenous peoples to these bodies and challenging them to address the specific concerns of indigenous populations in their respective fields. This is in addition to the relationship being fostered between the Forum and the Economic and Social Council, which received suggestions, ranging from the need to include indigenous approaches to health, education and culture in development programmes and devoting more attention to human rights, to better addressing problems stemming from resource exploitation and land rights disputes. The recommendations were carefully prepared with a view to helping indigenous peoples become "participants in development, rather than victims of development", as Mr. Scott articulated to the press.
Indeed, for most of the century, indigenous peoples were denied representation at international forums that would decide their future. The International Labour Organization was the first global institution to specifically address indigenous rights in 1957, but strict limitations remain on what issues it can address. Indigenous peoples were first allowed to directly address the United Nations in 1977, and it took many years and significant struggle to bring about the creation of UN bodies to deal with their distinct problems. Today, there is still debate over what distinguishes indigenous peoples in regard to the special rights they deserve. Much of the dispute is between indigenous organizations and Governments, rather than among indigenous groups which recognize their distinctive views on the significance of land and conceptions of self-governance.
While much work remains to be done and new challenges have arisen with the growth of globalization—significant progress has been made. Direct participation in the Working Group was a major accomplishment, as was the creation of the Permanent Forum, and Mr. Magga is optimistic that their work will move forward. "I don't have any easy solutions", he said, "but the UN system is doing wonderful things, by educating people and preserving the richness of cultures". The experience of the Saami is a testament to this, and their recognition by the Norwegian Government has led to promotion of their rights of political organization, as well as the conservation of their social, cultural and linguistic heritage.
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