SPECIAL RAPPORTEUR ON INDIGENOUS PEOPLE PRESENTS REPORT TO COMMISSION ON HUMAN RIGHTS

SPECIAL RAPPORTEUR ON INDIGENOUS PEOPLE PRESENTS REPORT

TO COMMISSION ON HUMAN RIGHTS

Debate Continues on Human Rights of Women

(Reissued as received.)

GENEVA, 10 April (UN Information Service) -- The Commission on Human Rights was addressed this afternoon by its Special Rapporteur on the human rights and fundamental freedoms of indigenous people, who said such populations continued to suffer from high levels of discrimination, racism, and economic and social disadvantages.

The Rapporteur, Rodolfo Stavenhagen, said one focus of his work was on the impact of large-scale or major development projects on indigenous peoples and communities.  When such developments occurred, it was likely that indigenous communities would undergo profound social and economic changes that were frequently not well understood, much less foreseen, by the authorities in charge of promoting the projects, Mr. Stavenhagen said.  No activity had shown this situation better than the construction of large multi-purpose dams -- the principal human rights effects of these projects for indigenous peoples related to the loss of traditional lands and territories, eviction, migration and eventual resettlement, depletion of resources, destruction and pollution of the traditional environment, social and community disorganization, and long-term negative health and nutritional impacts, as well as, in some cases, harassment and violence. 

Representatives of Guatemala and the Philippines spoke as countries concerned in the report of Mr. Stavenhagen.

A Representative of the Secretariat, speaking on behalf of
Luis Enrique Chavez, Chairperson-Rapporteur of the Working Group on a draft Declaration on the rights of indigenous people, said the Chairperson was satisfied by the signs of openness displayed by all participants at the latest meeting of the Working Group -- the last session had marked a change in the way dialogue had proceeded.  Resolution of the question of self-determination remained central to the drafting of a declaration, he said.

Reports also were presented on the status of funds established for indigenous populations and for the International Decade of the World's Indigenous People.

A series of national delegations described efforts to protect indigenous groups and to ensure their full enjoyment of human rights.  Providing statements were Representatives of Costa Rica (on behalf of the Group of Latin American and Caribbean Countries), Peru, Canada, Cuba, Australia, Denmark (on behalf of the Nordic countries), Chile, Paraguay, Argentina, Venezuela, Syria, Democratic Republic of the Congo, New Zealand, Ecuador, and Switzerland, along with spokespersons for the non-governmental organizations:  International Federation of Rural Adult Catholic Movements; South Asia Human Rights Documentation Centre; All for Reparations and Emancipation; Transnational Radical Party; International Indian Treaty Council; and International Organization of Indigenous Resources Development.

In addition, the Commission carried on this afternoon with debate under its agenda item on the human rights of women, hearing from numerous non-governmental organizations.

A Representative of Transnational Radical Party said female genital mutilation -– a horrible, painful and humiliating practice -- had been inflicted on more than 130 million women, and 2 million girls currently were at risk of suffering such mutilation.  In fact there were probably more cases.

A Representative of Groupe de Recherche et d’Action pour le Bien-Etre Social said the major question related to the human rights of women was how women in the Third World, who bore the burdens of poverty, illiteracy and various forms of social discrimination, could free themselves.  It was hypocritical, this speaker said, to want to make women a factor for change when most of them did not even have the time or strength to think that they could exist without men.

Statements also were offered by the NGOs:  Inter-African Committee on Traditional Practices Affecting the Health of Women and Children (speaking on behalf of several NGOs*); Movimiento Cubano por la Paz y la Soberania de los Pueblos (speaking on behalf of Federation of Cuban Women and Women's International Democratic Federation); International Fellowship of Reconciliation (speaking on behalf of Japan Fellowship of Reconciliation and Asian Women's Human Rights Council); International Association for Religious Freedom (speaking on behalf of several NGOs**); Human Rights Advocates, Inc (speaking on behalf of International Possibilities Unlimited); Organization for the Solidarity of the Peoples of Asia, Africa and Latin America (speaking on behalf of National Union of Jurists of Cuba); World Organization Against Torture; World Federation of Trade Unions; International Institute for Non-Aligned Studies; Transnational Radical Party; Korea Women's Associations United; European Union of Public Relations; Union nationale de la femme tunisienne; International Confederation of Free Trade Unions; Groupe de recherche et d'action pour le bien-être social; Liberation; and Asian Legal Resource Centre.

The Commission will reconvene at 10 a.m. Friday, 11 April, to continue debate on the human rights of women.

Indigenous Issues

Debate under this agenda item was opened to allow presentation to the Commission of several reports.  In all, the Commission has before it a series of documents on indigenous issues.

There is a report of the Special Rapporteur on the situation and fundamental freedoms of indigenous peoples (E/CN.4/2003/90).  The thematic focus of the report is on the impact of large-scale or major development projects on the human rights and fundamental freedoms of indigenous peoples and communities, a subject which many indigenous representatives at the Working Group on Indigenous Populations and the Permanent Forum on Indigenous Issues have repeatedly pointed out as being of crucial importance for the full enjoyment of their human rights.  When such developments occur in areas occupied by indigenous peoples, it is likely that their communities will undergo profound social and economic changes that are frequently not well understood, much less foreseen, by the authorities in charge of promoting them.  No activity had shown this situation better than the construction of large multi-purpose dams that affect indigenous areas.  The principal human rights effects of these projects for indigenous peoples are related to loss of traditional lands and territories, eviction, migration and eventual resettlement, depletion of resources, destruction and pollution of the traditional environment, social and community disorganization, long-term negative health and nutritional impacts, as well as, in some cases, harassment and violence.  The Special Rapporteur recommends that Governments and business enterprises work closely with indigenous peoples and organizations to seek consensus on development strategies and projects, and set up adequate institutional mechanisms to handle these issues.  There are three addenda to the report on communications on alleged human rights violations of indigenous peoples received and processed by the Special Rapporteur; and on official visits to Guatemala, the Philippines, and Botswana.  

There is a report of the working group on a draft United Nations declaration on the rights of indigenous people (E/CN.4/2003/92).  The report contains a record of the general debate held by the working group on the articles of the
United Nations Draft Declaration on the Rights of Indigenous Peoples.  An addendum (Add.1) contains a list of the documentation available at the session of the working group and a list of government and non-governmental organizations participating in the meeting.

There is a report of the High Commissioner for Human Rights (E/CN.4/2003/89) on the implementation of the programme of activities of the International Decade of the World's Indigenous People, submitted in accordance with Commission resolution 2002/63.  The report provides information relating to the Decade and supplements the report of the Secretary-General to the General Assembly (A/57/395).  It gives information on the Indigenous Fellowship Programme, the Permanent Forum on Indigenous Issues, activities that have been organized by the Office of the High Commissioner since September 2002, and the two Trust Funds relating to indigenous peoples.

And there is a report of the High Commissioner for Human Rights submitted in accordance with Commission resolution 2002/63 (E/CN.4/2003/91) on the Working Group on indigenous populations of the Sub-Commission on the Promotion and Protection of Human Rights and on the International Decade of the World's Indigenous People.  In its resolution, the Commission requested the High Commissioner to seek information from governments, non-governmental organizations and indigenous people's organizations on the report of the Special Rapporteur of the Sub-Commission titled "Study on treaties, agreements and other constructive arrangements between States and indigenous populations".

Presentation of Report of Working Group

On Draft Declaration on Rights of Indigenous People

A Representative of the Secretariat, speaking on behalf of
Luis Enrique Chavez, Chairperson-Rapporteur of the Working Group on a draft United Nations declaration on the rights of indigenous people, said the Chairperson was satisfied by the signs of openness displayed by all participants at the latest meeting of the Working Group.  The last session had marked a change in the way the dialogue on the drafting of a declaration had proceeded among the parties.  Proposals continued to be submitted on wordings of a number of articles dealing with rights to land, national resources and traditional knowledge, the right to protect one’s identity, and the right to protection in cases of armed conflict.

The question of self-determination was the central pillar of the declaration.  Government representatives had expressed their positions and submitted proposals for alternative language.  These were contained in the annex of the report of the Working Group.  Representatives of indigenous people had expressed their desire to reach an understanding with government representatives.  Proposals had been presented in the plenary and hence less time was needed for informal consultations.  The time at the group's disposal was short.  Much was achieved but much also remained to be done. 

Presentation of Report

Of Special Rapporteur on Human Rights of Indigenous People

RODOLFO STAVENHAGEN, Special Rapporteur on human rights and fundamental freedoms of indigenous people, said that notwithstanding the progress that had been made, the magnitude of problems facing indigenous peoples was still a matter of deep concern.  There was a high level of discrimination, racism, economic and social disadvantages suffered by indigenous peoples.  His report consisted of thematic research into elements that had an impact on the fundamental rights of indigenous peoples; country visits; and urgent appeals in response to allegations of human rights violations against indigenous peoples.  The focus of the report was on the impact of large-scale or major development projects on the human rights and fundamental freedoms of indigenous peoples and communities.  When such developments occurred in areas occupied by indigenous peoples, it was likely that their communities would undergo profound social and economic changes that were frequently not well understood, much less foreseen, by the authorities in charge of promoting them.  No activity had shown this situation better than the construction of large multi-purpose dams that affected indigenous areas.  The principal human rights effects of these projects for indigenous peoples related to loss of traditional lands and territories, eviction, migration and eventual resettlement, depletion of resources, destruction and pollution of the traditional environment, social and community disorganization, long-term negative health and nutritional impacts, as well as, in some cases, harassment and violence. 

Such economic, social and cultural effects must be taken into account by governments and companies.  A second pillar of his activities, Mr. Stavenhagen said, was the various communications received and sent about violations of the human rights of indigenous peoples.  These acts were often related to social conflicts, the right to land and resources.  All too often one saw that the prevailing economic interests dominated the rights enjoyed by indigenous peoples.  In this context, the Special Rapporteur would focus attention on the administration of justice as it affected indigenous peoples. 

The Special Rapporteur thanked the Governments of Guatemala and the Philippines for their cooperation during country visits.  In Guatemala, many of the problems encountered by indigenous peoples were related to the right to land.  He had also investigated the administration of justice in relation to the situation of indigenous peoples in Guatemala.  In the area of education, some progress had been made; however the amount of the budget earmarked for the education of indigenous peoples was still relatively low.  In the Philippines, legislation recognized the right to land ownership by indigenous peoples.  However, there were still some disparities in the application of this legislation.  It sometimes seemed that multinational companies interested in land enjoyed more protection than indigenous peoples did.  Other sources of long-term concern were the effects of mining and military exercises in indigenous areas.  The Special Rapporteur recommended the establishment of national commissions on indigenous issues.

Responses by Countries Concerned in Report

RICARDO ALVARADO ORTIGOZA (Guatemala) expressed satisfaction over the fruitful visit of the Special Rapporteur on human rights and fundamental freedoms of indigenous people to his country, and over the visits of other thematic rapporteurs of the United Nations.  The Government of Guatemala, in accordance with Commission resolution 2001/57, had positively dealt with the historical structural problem affecting the majority of indigenous people of Guatemala.
In accordance with regional treaties on the recognition of the identities and rights of indigenous people, the Government had made commitments to recognize their rights.  The Special Rapporteur and other indigenous organizations had recognized the progress made in legislative matters.  The educational system had been reformed through the establishment of a commission whose members were drawn from different segments of society, including the indigenous themselves.  The Commission's task was to analyze and debate the educational problems of indigenous people.

The Guatemalan Government recognized that it should continue giving priority to public policies on the use and tenure of land, access to justice, and access to multicultural and bilingual education.  There was also a need to recognize the spiritual values of the indigenous people and to address acts of discrimination affecting them.  The indigenous organizations of Guatemala had expressed concern at the loophole in the agreement on the identification and rights of indigenous people, which needed further consideration.  The effectiveness of the administration of justice in a multiethnic, multicultural and pluralistic society also needed further attention by the Government.

DENIS YAP LEPATAN(Philippines) said the Philippines could not respond positively to the report of the Special Rapporteur.  Unlike the two previous Rapporteurs, this Rapporteur gave little importance to dialogue and cooperation with the Government.

It was evident that the Special Rapporteur had gone to the Philippines not with an open mind nor in a constructive manner, but with a foregone conclusion in mind, and with ill will and bad faith.  Notwithstanding the Special Rapporteur’s malicious intentions, the Philippines had allowed the visit to proceed.  Since the Philippines had nothing to hide, it was its hope that reason and a sense of fair play would eventually guide the Special Rapporteur in preparing his report.  That was not to be, as shown by his report, which was nothing more than a litany of unsubstantiated allegations and ridiculous recommendations.

Interactive Dialogue on Human Rights of Indigenous People

A Representative of Greece, speaking on behalf of the European Union, asked how the Special Rapporteur felt cooperation was developing between himself and the Permanent Forum on Indigenous Issues. 

A Representative of the Philippines reiterated a request for an explanation of how water could rise 44 metres above sea level to inundate the lands of indigenous peoples.

A Representative of Ecuador asked if the Special Rapporteur had any position with regard to the legal framework on provisions to do with the building of dams and other major projects in indigenous territories.

A Representative of Mexico thanked the Special Rapporteur and informed the Commission that Mexico had received the request of the Special Rapporteur to visit the country.  This request had been welcomed and the Special Rapporteur would visit Mexico in the first week of June.

Responding, the Special Rapporteur said he welcomed the encouraging words from Guatemala.  With regard to the comments of the delegate of the Philippines, he did not believe that he needed to answer questions which amounted to little more than personal attacks.  He had undertaken the mission to the Philippines in a most positive manner and his objective was to be able to document reports of complaints received regarding alleged human rights violations of indigenous peoples.  Concerning other questions, he stressed that it was his intention to work hand-in-hand with the Permanent Forum on Indigenous issues.  He addressed the query from Ecuador on the administration of justice and legal frameworks and stressed that much attention would be focused on those issues in his next report.

A Representative of Guatemala said the statement of the delegation of the Philippines made him alarmed about Special Rapporteurs visiting countries.  He reaffirmed the support of the Government of Guatemala for the Special Rapporteur.

The Representative of the Philippines said it had not been his intention to humiliate the Special Rapporteur in public, which was why he had asked for an opportunity to speak in person.  Yet the question posed had not been a personal attack and he still wished it could be addressed.

A Representative of Canada asked in what practical ways the Office of the High Commissioner for Human Rights and interested States could support the Special Rapporteur's work.

Responding, the Special Rapporteur said he intended to continue to have a dialogue with all interested parties.  He would like to come up with ideas on how to achieve a constructive follow-up to country visits.  He was prepared to correct information and facts if they did not respond to reality.  However, he was not about to change his conclusions.  The Special Rapporteur had decided to focus on a certain issues in all of his reports.  The main subject of his next report would be the administration of justice, and it was hoped that the Office of the High Commissioner would cooperate and contribute to investigation of this issue, as well as interested States.  Finally, he would like to have a dialogue with governments represented in the Commission on Human Rights and he was always ready to deal with constructive criticism, provided it was not in the form of personal attacks.

Presentation of Report of Voluntary Fund for Indigenous Populations

VICTORIA TAULI-CORPUZ, Chairperson of the Board of Trustees of the United Nations Voluntary Fund for Indigenous Populations, said the High Commissioner for Human Rights had approved on behalf of the Secretary-General the recommendations adopted by the Board concerning the allocation of 43 travel grants for representatives of indigenous organizations and communities.  The travel would be to the second session of the Permanent Forum on Indigenous Issues scheduled to take place in New York in May.  The sixteenth session of the Board was held from 31 March to 4 April.  At that session, the Board had reviewed 233 new applications for travel grants from representatives of indigenous organizations and communities to attend the twenty-first session of the Working Group on Indigenous Populations, and 23 applications to attend the ninth session of the Working Group on the draft United Nations Declaration on the rights of indigenous peoples in 2003.

Taking into account the number of requests received in 2003, and the fact that the Board had recommended for expenditure almost all the money available in the Fund at its sixteenth session in 2003, the Fund would need an amount of $800,000 before the next session of the Board in 2004.  The General Assembly in its resolution 57/192 had appealed to all governments and organizations to consider contributing to the Fund with a substantial increase in the level of contributions.

Presentation of Report on Voluntary Fund

For International Decade of World's Indigenous People

JOSE CARLOS MORALES, Chairperson of the Advisory Group of the United Nations Voluntary Fund for the International Decade of the World’s Indigenous People, said that during its eighth session, from 7 to 11 April, the Advisory Group was reviewing reports received from indigenous communities and organizations on project grants paid in 2001 and 2002 with the financial support of the fund.  The Advisory Group already had analyzed a record number of 200 admissible applications for project grants received from indigenous communities and organizations to be implemented in the current year.  As of today, only $181,122 was available in the Fund.  All this money would be recommended for indigenous projects and other programmes.

However, this was not enough to finance all the grants the Advisory Group would like to recommend for approval.  Additional voluntary contributions amounting to $300,000 were needed immediately.  The Group would appreciate receiving new contributions to the Fund amounting to $400,000 for 2004.

General Debate on Indigenous Issues

MANUEL GONZALEZ SANZ(Costa Rica), speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), reaffirmed the commitment of GRULAC States to improving the human rights situation of indigenous peoples in the region.  The mechanisms which already existed for protecting indigenous peoples could not carry out their work fully unless there was international recognition of the rights and collective rights of indigenous peoples.  The work undertaken by the Working Group on a definition of the rights and collective rights of indigenous peoples would serve to further eliminate discrimination.  It was only by recognizing their identity and dignity as peoples that the situation could truly progress.

One major step forward during the Decade on Indigenous Peoples had been the establishment of the Permanent Forum on Indigenous Issues.  The GRULAC called upon the Special Rapporteur, as well as the Working Group on Indigenous Populations, to continue their important work, complementing the Permanent Forum, in order to improve the human rights situation of indigenous peoples.    

JUAN PABLO VEGAS TORRES(Peru) said the society of Peru was characterized by its multiethnic and multicultural composition.  Indigenous people had played an important role in the development of the nation.  The Government of Peru was today committed to promoting development and equal opportunities for indigenous people at the national and international levels.  The objectives of such actions were to enable indigenous people to affirm, in an autonomous and free manner, and to diversify their cultural identities.  At the national level, the Peruvian Constitution recognized the legal existence of indigenous peoples, their autonomy, their economic and administrative structures, and the use of their land for their own purposes.  This Constitutional reform had also been marked by its special stress on the legal protection of the rights of indigenous peoples.  Recently, a National Commission for Andean and Amazonian People had been created.  Never before had such an institution existed at such a high level to deal with indigenous affairs with the participation of the peoples concerned.

      The efforts of Peru should be supported by the international community.
On its part, Peru would continue its efforts to implement indigenous rights.

WAYNE LORD(Canada) said Canada would co-sponsor the annual combined resolution on the Working Group on Indigenous Populations of the Sub-Commission on the Promotion and Protection of Human Rights and the International Decade of the World’s Indigenous People.

Canada also highlighted the operative paragraph of the resolution, which welcomed the historic establishment of the Permanent Forum on Indigenous Issues in New York and encouraged all parties concerned to continue efforts to secure an adequately funded and well-functioning Forum.  Canada would also co-sponsor the resolution “Human rights and indigenous issues” and remained convinced that extra effort, cooperation and determination would allow the Working Group to achieve its common goal of elaborating a strong and effective Declaration on the rights of indigenous people.

JUAN ANTONIO FERNÁNDEZ PALACIOS (Cuba) said one of the main merits the Commission on Human Rights had had historically was to have promoted, with all justice, the need to thoroughly analyze the pressing problems facing indigenous peoples every day.  It was thanks to the Working Group on Indigenous Populations that the indigenous peoples had managed to make their voices heard loud and clear by the entire international community.

      The Working Group had just celebrated its twentieth anniversary of fruitful work -– a few months ago with unprecedented attendance.  However, the Group seemed to have gained awareness already of the need to revive its actions.  The Commission on Human Rights had made decisions which had resulted in the establishment of new bodies devoted to discussing these issues, although with approaches and possibilities for concrete actions quite different from the ones adopted by the Working Group.  Cuba had decided to support -– without hesitation
-– the recommendation made by the Sub-Commission on the Promotion and Protection of Human Rights that the Commission on Human Rights support the continuation of the Working Group.

GERRY McGUIRE (Australia) said the country believed that States should support appropriate measures that would allow the Permanent Forum on Indigenous Issues to function effectively and take forward its mandate.  Australia welcomed the establishment in January 2003 of a Secretariat to the Permanent Forum within the United Nations Department of Economic and Social Affairs.  Another key focus of the Decade had been the elaboration of a draft declaration on the rights of indigenous peoples.  Australia recognized the critical importance accorded by many of the world's indigenous peoples to an instrument articulating their human rights and was an active participation in that process. 

Australia's approach to indigenous issues at the international level was matched by its commitment to addressing indigenous issues domestically.  The Government acknowledged that the Aboriginal and Torres Strait Islander peoples were still the most disadvantaged group in society and was determined to rectify that problem.  The Government was aiming for a future in which indigenous Australians shared equitably in social and economic opportunities.  It was addressing specific needs in the priority areas of health, housing, employment and education, as well as building the capacity of individuals, families and communities to take advantage of opportunities for improved participation in society.

TOVE SØVNDAHL PEDERSEN(Denmark), speaking on behalf of the Nordic countries, said it was well known that the Nordic countries had pledged their full support of the realization by indigenous peoples of their human rights and fundamental freedoms.  The promotion of the human rights of indigenous peoples contributed to the maintenance and development of multicultural, pluralistic and tolerant societies, as well as the creation of stable and peaceful democracies built upon effective participation by all groups of society.

As the Decade for Indigenous People drew to an end, it was time to reflect on the progress achieved so far.  Even though much work remained to be done, the Decade had contributed to significant improvements relating to furthering the protection and promotion of human rights and interests of indigenous peoples.  Three major developments in this regard had been the establishment of the Permanent Forum on Indigenous Issues, the appointment of a Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples and the numerous activities undertaken during the Decade by the various institutions of the United Nations and by many indigenous peoples’ organizations.  

JAIME ANDRADE(Chile) said Chile had a systematic policy for the recognition of the rights of indigenous peoples based on agreements between the State and the indigenous community and its leaders.  The indigenous movement enjoyed all the rights and constitutional guarantees of Chilean democracy, including civil and political rights.  Yet, there were still some issues to be overcome with regard to the human rights situation of indigenous peoples.

 In this connection, the Government had undertaken several initiatives on local, national and regional levels in order to address the human rights and fundamental freedoms of indigenous peoples.  The Government reiterated its support for the Commission on this theme, as well as its support for the work of the Working Group.

JULIO DUARTE VAN HUMBECK(Paraguay) said Paraguay was bilingual and multicultural, and the Constitution of 1992 had included a fundamental vindication of the rights of the indigenous peoples of Paraguay.  It had recognized the existence of indigenous "peoples", and the free determination of indigenous peoples concerning their cultural identities and the organization of their communities.  The commitment and policies of the Government in the promotion and protection of human rights, particularly the inherent rights of indigenous peoples, were a permanent and viable guarantee.  Judicial measures had been put in place to guarantee and protect the rights of indigenous peoples, based on Constitutional provisions.  Paraguay had ratified the International Labour Office (ILO) Convention 169 on the rights of indigenous peoples.

In 2002, Paraguay had carried out its second national indigenous census with the participation of indigenous peoples.  The aim was to evaluate needs.  The Paraguayan Institute for Indigenous People had been consulting with indigenous groups to strengthen legislative instruments concerning them.

ALICIA BEATRIZ DE HOZ(Argentina) reaffirmed Argentina's commitment to improving the situation of ingenious peoples and hoped the text of draft Declaration on the rights of indigenous people would be approved.  Argentina believed the Declaration would be a major milestone in recognizing the human rights of indigenous people and in preventing violations of their rights.

The reform of the National Constitution of Argentina in 1994 had represented important progress in recognizing the ethnic and cultural diversity of the country.  Argentina believed that the association of human rights and indigenous peoples had a special significance in a specific context and should be defined in multilateral negotiations and in texts of declarations referring to these rights.  The principle objective of the Decade for Indigenous People was to promote cultural diversity in the face of the challenges of globalization.  Further dialogue was needed between cultures and civilizations.  Although much remained to be done, important results had been achieved  

RAFAEL HANDS(Venezuela) said Venezuela was a country with deep democratic roots.  It was a multi-ethnic country that respected diversity.  The Decade dedicated to the rights of indigenous peoples must be fruitful in solving their problems in relation to human rights, the environment and health.

In Venezuela, indigenous groups had participated in projects to do with the rights of indigenous peoples.  The initial right to ancestral lands had been discussed and it had been stressed that ownership of land was essential for the collective human rights of indigenous populations.  It had therefore become clear that natural resource development projects needed to take into account the views and lands of indigenous peoples.  Indigenous peoples must also have the right to pursue their own education in their native tongues.  The Venezuelan Government had also found it fruitful to study indigenous peoples’ economic practices, which were based on communal values and solidarity.  The Government had been working on international and national legal documents in order to fully implement the rights of indigenous peoples.  In addition, Venezuela had participated in the negotiations for the draft Declaration on the rights of indigenous people. 

HUSSEIN ALI (Syria) said world civilization was the result of continued conflict and divisions.  Some powers felt the ends justified the means used to reach to those ends.  The means had been severe.

Indigenous people had been taken away from their lands in the Americas.  They had also been the victims of acts of genocide which continued today.  Acts perpetrated against indigenous peoples had been carried out in search of resources; and such acts were considered justified as long as the end was satisfied.  The Israeli occupying forces had continued to do the same to the Palestinians and to the Arabs whose territories they occupied.

ANTOINE MINDUA KESIA-MBE (Democratic Republic of the Congo) said the international community had been informed of acts of cannibalism perpetrated against the pygmy population of the Democratic Republic of the Congo.  After five years of aggression by Rwanda and Uganda, there were only 5,500 blue helmets charged with monitoring the peace process.  The Government asked that the number of United Nations troops be increased, at least in Ituri, in order to put an end to the massacres were perpetrated against pygmies, especially acts of cannibalism.

However, the Deputy Secretary-General in charge of peacekeeping operations indicated that Member States were unwilling to contribute troops.  On the other hand, Sierra Leone, which was 30 times smaller than the Democratic Republic of the Congo, had 20,000 blue helmets.  Some 3.5 million people had been killed in the Democratic Republic of the Congo, including pygmies, who were also used as slaves to pillage the natural resources of the country.  The Government called upon the Security Council to set up an international criminal tribunal for the Democratic Republic of the Congo to see that justice was done, that peace was brought to the country, and that pygmies were not massacred and cannibalized.

TIM CAUGHLEY (New Zealand) said there were over 300 million people around the world who would consider themselves indigenous.  Too many of them were unable to exercise their civil and political rights fully.  The Maori in New Zealand enjoyed the same rights and protections as all citizens of New Zealand.  However, the Government recognized the need for Maori to be able to develop in ways which safeguarded their cultural and social identity.

The first meeting last year of the Permanent Forum on Indigenous Issues had been a milestone.  To be effective, it was essential that the Forum receive the full support and involvement of both States and the relevant specialized agencies.  This year the Forum would be addressing indigenous children and youth.  The December session of the Working Group on a draft Declaration had arguably been the most productive so far.  However, there was a huge distance to go before the negotiating mandate ended next year.  A decision on the Group’s future would need to be taken soon, taking into account the views of independent experts and the outcome of the current review of all existing mechanisms.

JEAN-DANIEL VIGNY (Switzerland) said the creation and the first session of the Permanent Forum for Indigenous Issues held in New York last year had marked a decisive step towards the codification and effective implementation of the rights of indigenous peoples.  Switzerland would like to see the Permanent Forum as a tangible sign to the will of Governments to recognize that the rights of indigenous people did not constitute a threat but a factor of stability.  The dynamism launched by the Forum should equally prompt substantial progress in the Working Group charged with elaborating a draft Declaration on the rights of indigenous peoples.  The progress of the Group was so slow that one feared the work might not be achieved before the end of the International Decade on Indigenous People in 2004. 

All people, whether indigenous or not, should have the right to preserve and develop their own identities.  People who belonged in a society had the right to express freely their cultural identities.  They had also the right to make known or to diffuse their own culture, which contributed to the common wealth of humanity.

HERNAN ESCUDERO MARTINEZ (Ecuador) said that Ecuador was aware of the fact that there were many problems ahead for the Working Groups.  Equator supported the Sub-Commission’s draft resolution whose primary objective was to establish international standards for the protection of the human rights of indigenous people and to recognize the individual and collective rights of indigenous groups.

Ecuador called on all countries to demonstrate the necessary political will to allow for the adoption of a final text of a draft Declaration on the rights of indigenous people. 

PIERRE MIOT, of International Federation of Rural Adult Catholic Movements, said the Foreign Ministers of the Americas had met in October 2002 to continue to prepare a zone of free trade to cover both North and South America.  There had already been several demonstrations against this initiative.  One of the voices against this idea was that of indigenous peoples, since it threatened their unique existence.

Indigenous peoples were participating in several initiatives of the Federation concerning their human rights.  The Federation gave its support to the struggle of the indigenous peoples of South America in the face of this free-trade zone, which would eventually totally exclude indigenous peoples.  This was why indigenous peoples had rejected the free-trade initiative.  Their specific rights and cultural identities must be fully recognized and respected. 

JEREMIE GILBERT, of South Asia Human Rights Documentation Centre, said that in the past eight years, the Working Group on the draft Declaration had adopted only two articles of the draft.  That situation was mostly the result of continued denial of the existence of collective rights, especially the right to
self-determination and land rights.  That attitude was contrary to many provisions of international human rights law and to the findings of the Human Rights Committee and the Committee on the Elimination of All Forms of Racial Discrimination.

Members of the Working Group should not try to work around key elements of the draft Declaration that represented minimum standards for the protection of indigenous peoples. 

SILIS MUHAMMAD ABUBAKR, of All for Reparations and Emancipation, said that the Afro-descendant people, throughout the slavery diaspora, were still struggling for United Nations recognition of their inherent human rights.  Afrodescendants had experienced total destruction of their essence:  their original identities, languages and religions.  These rights had been denied generation after generation, and this denial was tantamount to the use of weapons of mass destruction on the mind.

The United Nations recognition of their inherent human rights would place them on a path towards recompense.  The Commission was urged to include this issue on the agenda of the Sub-Commission and to put it in the hands of the Working Group on minorities.

KOK KSOR, of Transnational Radical Party, spoke on the behalf of the indigenous Montagnards or Degar Peoples of Viet Nam’s central highlands.  The very existence of the Degar was threatened and it was virtually impossible to assess how many were living in Viet Nam, Laos, and Cambodia, and how many of them were suffering brutal repression.

The Montagnards were a peaceful people, who over the years had struggled to keep their culture alive despite being at the centre of a series of campaigns and policies threatening their existence, culture, traditions and customs.  The Degar lived in a climate of fear and terror.  The lives, welfare and ancestral culture of hundreds of thousands of individuals was at stake.  The international community could not let them down. 

ROSARIO JOLON, of International Indian Treaty Council, said Guatemala continued to violate the human rights of its indigenous people.  The Government was not interested in resolving the claims of the indigenous people and did not did not effectively investigate complaints lodged by them.  The courts did not deal properly with cases of torture and massacres of indigenous people.  The Special Rapporteur on the rights of indigenous peoples should further investigate the situation of indigenous people in Guatemala, including the situation of impunity.

The Commission should extend the International Decade of the World's Indigenous People once it was concluded in 2004

WILLIE LITTLECHILD, of International Organization of Indigenous Resources Development, said the Organization was concerned that the Working Group on indigenous populations would be terminated under the current review of all existing mechanism within the United Nations.  Instead, the United Nations should build on its success and strengths and thereby continue to give indigenous peoples a voice through the Working Group.

A way to mark the end of the International Decade would be an announcement of a Declaration on the rights of indigenous peoples that was acceptable to indigenous peoples.  Concern was expressed about the potential negative impacts of financial limitations on official visits of the Special Rapporteur.  There was a need to create an independent international mechanism through which indigenous people could discuss fully or bring complaints against a State for ongoing violations of treaties. 

General Debate on Human Rights of Women

MIRIAM MALUWA (UNAIDS),said HIV/AIDS could not be successfully addressed without a rights-based approach addressing the particular concerns of women and girls.  There had already been a decline in life expectancy because of AIDS and in some countries men would soon outnumber women in the most productive and fertile age groups.  The lack of enjoyment of human rights aggravated the vulnerability of women to AIDS.  Biological, social, economic and cultural factors all contributed to women’s vulnerability to HIV/AIDS.  AIDS affected in particular young people in the prime of life and had led to a dramatic increase in female-headed households, surviving on increasingly meager resources and sinking families into poverty and destitution.

Promotion of the right to health should increasingly focus on gender equality in access to treatment.

BERHANE RAS-WORK, of Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, speaking on behalf of several NGOs*1, speaking on behalf of International Movement for Fraternal Union among Races and Peoples; International Baccalaureate Organization; Femmes Afrique Solidarite; International Council on Social Welfare; International Council of Women; World Federation of Mental Health; International Council of Jewish Women; International Alliance of Women; International Federation of University Women; African Society of International and Comparative Law; World Organization of Former Pupils of Catholic Education; and Soroptimist International, said it was indeed a hope sign and an encouraging development to witness the gradual awakening of international awareness to the plight of women facing violence across their life cycles.  Women continued to be burned alive, mutilated, raped, sold and exploited in the name of religion as temple servants or under the practice of trokosi.  Religion and respect for tradition were freely evoked to maintain the status quo of injustice which imprisoned women and rendered them vulnerable and easily exploitable. 

The Organizations welcomed the report of Special Rapporteurs Ms. Coomaraswamy and Halima Embarek Warzazi.  Both experts, through their studies, reconfirmed the reality of violence against women in its different forms.  The root cause of this unfortunate condition was the long-standing patriarchal value system.  The studies also demonstrated that formal actions taken by respective governments remained rare.  Yet recognition of the problem and resolutions towards eradication had been repeatedly expressed and adopted at the international level, especially by the United Nations bodies.  The main challenge remained implementation and compliance.  The Commission was asked to observe a minute of silence for victims of female genital mutilation.

MAGALYS AROCHA DOMINGUEZ, of Movimiento Cubano por la Paz y la Soberania de los Pueblos, speaking on behalf of Federation of Cuban Women and Women's International Democratic Federation, also speaking on behalf of Federation of Cuban Women and Women's International Democratic Federation, said she came from a country that was being attacked from the outside by means of an economic blockade during that had lasted four decades.  However, women in Cuba were privileged and the political will of the Government had enabled women to fulfil their aspirations.

In Cuba, 46 per cent of the workforce was composed of women; 64 per cent of women had completed higher education; 66.5 per cent of the technical and medical field was staffed by women; and women constituted 36 per cent of the members of the National Assembly.  They also held important posts in Government.  Discrimination against women constituted a serious violation of the human rights of women. 

AKIRA MAEDA, of International Fellowship of Reconciliation, speaking on behalf of Japan Fellowship of Reconciliation and Asian Women's Human Rights Council, speaking on behalf of Japan Fellowship of Reconciliation and Asia Women's Human Rights Council, said one of the most egregious examples of the violation of the human rights of women was the use of sexual violence as a weapon of war.
It was estimated that as many as 200,000 women of Korean, Chinese, Taiwanese, Filipino, Dutch, Indonesian and Malaysian origin were forced to serve as so-called “comfort women” in Japanese army brothels during World War II.  The vast majority of these women did not survive their ordeal.  They died of disease, ill treatment and malnourishment in the military barracks in which they were held.  Others were killed or abandoned to their fates on the front line at the end of the war.

In her initial report to the Commission in 1996, the Special Rapporteur on violence against women had established that military sexual slavery by Imperial Japan was an example of State-sponsored violence against women.  While acknowledging various activities undertaken by the Japanese Government to meet its moral responsibility in these matters, she noted the inadequacy of these measures.  Her criticism was based on the opinion that the Government of post-war Japan had both a moral and a legal responsibility as a State to apologize and to compensate the victims.  Regrettably, the Japanese Government had so far failed to respond positively to the recommendations of the Special Rapporteur.

JOHN TAYLOR, of International Association for Religious Freedom, speaking on behalf of several NGOs*2, speaking on behalf of All India Women’s Conference; World Federation of Methodist and United Church Women; Institute of Global Education; Zonta International; General Conference of Seventh Day Adventists; Susila Dharma International; World Organization of Former Pupils of Catholic Education; World Union of Catholic Women’s Associations; and Association internationale pour la defence de la liberté religieuse, said the study of the Special Rapporteur addressed very specifically violations of women’s physical and cultural freedom and the rather limited extent to which international instruments for the protection of human rights had explicitly recognized the special vulnerability of women in many societies.  While examples given in the study could not be exhaustive, they were widely representative of worldwide incidences of violations of women’s human rights. 

Extreme cases such as female genital mutilation, discriminatory and disproportionate punishments for women, neglect or abandonment after widowhood or divorce, and many other examples were given with poignant frankness.  There was also sensitive discussion of the many different reactions within religious communities ranging from strong self-criticism and efficient steps for reform to casuistic justification based on pseudo-religious arguments which had more to do with maintaining male dominance than with the genuine teachings or spirit of the respective religions and traditions.  Non-governmental organizations welcomed the announcement of the High Commissioner of the appointment of a Senior Advisor on Gender Issues and hoped that the mandate for this position would include attention to the sometimes taboo subjects of how girls and women had too often been denied in the name of religion and tradition the right to exercise their responsibilities and contribute their gifts at every level of society.

SARA CANEPA, of Human Rights Advocates, Inc., speaking on behalf of International Possibilities Unlimited, in a joint statement with International Possibilities Unlimited, said trafficking of women and children for prostitution and forced labour was one of the fastest growing international crimes.
An estimated 1.2 million people were trafficked every year.  Military posts, including those of the United Nations Peacekeeping Troops, had created a major source of demand in nearby communities.  Reports indicated that the presence of 22,000 United Nations soldiers in Cambodia between 1992 and 1993 had increased the number of women in prostitution from 6,000 to 25,000 and had resulted in a proliferation of sexually transmitted diseases.

Individual countries' troops also contributed to demands for prostitutes.  Educational programmes for both victims and customers should reinforce the importance of eradicating the demand that fostered the trafficking of women and children.  Programmes for victims should address prevention, protection and recovery.

LOURDES CERVANTES VASQUEZ, of Organization for the Solidarity of the Peoples of Asia, Africa and Latin America, speaking on behalf of National Union of Jurists of Cuba, in joint statement with the National Union of Jurists of Cuba, said exclusion and gender inequality were worsened by poverty, despair and social injustice.  Women were the main victims of neo-liberal globalization.  Women accounted for the largest number of civilian victims of military conflicts.

Palestinian women were heroically resisting the colonization of their territory, the confiscation and destruction of their property and land, massacres, targeted assassinations and Zionist genocide.  Iraqi women had been victims of the war of aggression by the United States and its allies which had led to the death of 1,300 civilians and the injuring of 5,000.  The women of Cuba also suffered from all kinds of aggressions, from constant hostility and from the blockade imposed by the United States. 

CARIN BENNINGER-BUDEL, of World Organization Against Torture, said torture of women derived essentially from cultural patterns that perpetuated gender discrimination and the low economic, social and political status of women.  Gender often had a considerable impact on the form that torture took, its circumstances, its consequences, and the availability of access to remedies for its victims.

The Organization was gravely concerned about the high rate of torture of women in Turkey.  Reports received alluded to rape, threats of rape, electrical shocks to the genitals, and forcing women to strip and stand naked during interrogation.  The Organization also expressed concern about the more than
300 women and girls who had been murdered, raped and in many cases mutilated, in both the community and domestic spheres in Ciudad Juarez in Mexico.  States were asked to respect their obligations under international law to exercise due diligence in the prevention, investigation, prosecution and punishment of acts of violence against women, and in the provision of reparations for victims of this violence, regardless of whether the acts were committed by the State or by private persons. 

REFAQAT ALI KHAN, of World Federation of Trade Unions, said the Special Rapporteur on Violence against Women had specified a virulent kind of violence against women to be found mainly in Pakistan.  There were first the Hudood and the Zina ordinances which discriminated against women by making a woman the party guilty of provoking adultery.  If the accusation was proved, the crime was punishable by death.  The man was not considered to have shared in the guilt.

Another category of crimes of violence against women specifically found in Pakistan was the practice of honour killings.  These were a serious problem and were increasing.  Honour killings took place to avenge real or misperceived wrongs done to the so-called honour of a family for which the women of the accused family were killed. 

P. SRIVASTIVA , of International Institute for Non-Aligned Studies, said governments should take urgent action to combat and eliminate violence against women resulting from harmful traditional practices, cultural prejudices and religious extremism.  Prohibition of female genital mutilation was a must wherever it existed, and international humanitarian bodies should give vigorous support to efforts made by national and local NGOs to eliminate the practice.

Special measures must be taken to end the exploitation and violence suffered by women due to trafficking operations, especially for purposes of prostitution or domestic labour.  The media could play a significant role in changing attitudes and sensitizing the public to gender-equal roles for men and women in society.

KHADI KOITA, of Transnational Radical Party, said among acts of violence against women, there was the practice of female genital mutilation –- a horrible, painful and humiliating practice.  Today, there were more than 130 million women who had suffered female genital mutilation, and two million girls were currently at risk of suffering through this practice.  There were probably more cases.  Who knew what happened in remote unaccountable villages across the world, she asked.

The number of mutilated women varied from one country to another, with
98 per cent in Somalia and 5 per cent in the Democratic Republic of the Congo.  Combating mutilation required fighting violence, as well as ignorance.  It was in this connection that non-governmental organizations had undertaken an international campaign aimed towards the total elimination of female genital mutilation.

HAE YOUNG LEE, of Korea Women's Associations United, said Japan had not yet implemented what the Special Rapporteur on violence against women had recommended in reference to "comfort women".  Japan had still not accepted legal responsibility for the comfort women, who were kept in military sexual slavery during the Second World War.  It had also not punished many of the perpetrators responsible for such crimes.  People wondered why Japan could not solve its war crimes and crimes against humanity.

Japan's denial of state responsibility for its war crimes was a stark contrast to what Germany had done, as Germany still paid reparations to victims and still punished perpetrators of the Holocaust.  Japan had not ratified the Rome Statute of the International Criminal Court, nor the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women.

       RUBY MALONI, of European Union of Public Relations, said television images of a woman in southern Iraq desperately searching for the body of her 25-year-old son demonstrated starkly the violation of the human rights of women in times of conflict.  The impact of war was seen in the haunted eyes of women tending their children in the hospitals of Iraq.

In Afghanistan, decades of conflict had left countless widows and countless young girls without any hope but to either take to prostitution or to starve.  Safeguarding women’s rights did not only mean introducing laws.  It required the creation of a social and international environment where women were granted the respect they deserved.  Violence in the home, aggressive sexual harassment in the workplace, and the relegation of women to the status of second-class citizens in some societies were all instruments that had been fashioned by a largely male dominated world to perpetuate a false sense of superiority over women.

AZIZA HATIRA, of Union nationale de la femme tunisienne, said that following the recent codification of legislation in relation to gender issues, relations between spouses were based on partnership and no longer on obedience and obligation.  Tunisia had managed to establish mechanisms, plans of action and programmes which had given a new perspective to gender issues and which aimed to consolidate women's human rights and fundamental freedoms.  All measures taken were based on the objectives of eradicating discrimination and integrating women’s human rights into human rights in general.

Much time was needed really to change the mindset of people, and the Organization was working hard to eradicate poverty and to create opportunities for women.  The Organization’s work was not limited to domestic actions.  In fact, much attention had been focused on mobilizing international momentum for the advancement of women.

MARIE THÉRESE BELLAMY, of International Confederation of Free Trade Unions, said the first place where women's human rights were violated was in the working place.  The processes of privatization, trade liberalization and globalization had effects on women:  they were dismissed from their jobs, the conditions of their working places were degraded, they were paid less, and they led more precarious economic lives.

Women around the world were now mobilizing against the serious challenge of globalization.  Salary discrimination against women was also a flagrant practice by many enterprises.  Women were not only discriminated against in the labour market but were not paid equal salaries for equal amounts of work.  Women's work continued to be undermined and women's responsibilities were not recognized.

AWA N'DIAYE, of Groupe de recherche et d'action pour le bien-être social, said the question was how women in the Third World who bore the burden of poverty, illiteracy and all forms of social discrimination could free themselves.  It was hypocritical to want to make women a factor of change when most of them did not even have the time or strength to think that they could exist without men.  If women were to change society, they first had to be able to change their lives and their families.  This implied another vision of economy and its purposes.

Equality between men and women in the workplace was a social necessity and a question of justice. Social progress could constitute an antidote to discrimination against women only if it promoted the education of women, improved their professional training, and provided them with equal job opportunities.

HESUK SONG, of Liberation, said since the issue of comfort women had been raised at the Commission, there had been a great change around the world.  Instead of stigmatizing the victims, people now saw that it was the perpetrators who were to blame.  It was now well recognized that sexual slavery such the comfort women system constituted not only war crimes but also crimes of slavery and crimes

against humanity, although the governments responsible, such as Japan, had denied this fact for many years, as described in the report of the Special Rapporteur.

The Commission was urged to ensure that the Government of Japan respected the Special Rapporteur’s reports and recommendations and it took all necessary measures to meet the demands of the victims as a whole, based on such recommendations.  The Commission was also urged to establish a monitoring system under United Nations supervision as a means of implementing the recommendations of the Special Rapporteur on violence against women.

ALI SALEEM, of Asian Legal Resource Centre, said the unhappy state of the National Commission on the Status of Women was indicative of how women victims of violence were treated in Pakistan.  They were insulted, further abused and ignored.  While the Government acted as if it had complied with its international obligations, it in fact wanted only a veneer of legitimacy.

The true attitude of the Government of Pakistan was betrayed in its reaction to the work of the Special Rapporteur on violence against women.  Yet, when it came to the relentless honour killings of Pakistani women, the authorities had plenty of excuses.  Some said that women's rights were irrelevant in that deeply patriarchal society.  Others avoided responsibility by saying that people were ignorant, and their attitudes could not change.  Those arguments were disingenuous.  The real obstacle to the effective protection of Pakistani women was the attitude of the Government itself.

* *** *

* Joint statement on behalf of: Inter-African Committee on Traditional Practices Affecting the Health of Women and Children; International Baccalaureate Organisation; International Movement for Fraternal Union Among Races And Peoples; Femmes Africa Solidarité; International Council on Social Welfare; International Council of Women; World Federation for Mental Health; International Council of Jewish Women; International Alliance of Women; International Federation of University Women; African Society of International and Comparative Law; and World Organization of Former Pupils of Catholic Education and Soroptimist International.

** Joint statement on behalf of: International Association for Religious Freedom; General Conference of the Seventh-Day Adventists; World Federation of Methodist and Uniting Church Women; Zonta international; Institute for Planetary Synthesis; All India Women's Conference; Susila Dharma International Association; World Organization of Former Pupils of Catholic Education; International Association for the Defence of Religious Liberty; and World Union of Catholic Women's Organizations.