E/CN.19/2002/CRP. 7
24 May 2002
Original: English
E/CN.19/2002/CRP.8Permanent Forum on Indigenous Issues
First session
New York, 13 - 24 May 2002
MATTERS CALLING FOR ACTION BY THE ECONOMIC AND SOCIAL COUNCIL OR BROUGHT TO ITS ATTENTION
A. Draft Decision 2: Summary Records of the Public Meetings of the Permanent ForumThe Economic and Social Council, bearing in mind the special nature of the Permanent Forum, the diversity of the participation and the breadth of its mandate, decides exceptionally to authorize the provision of summary records for the public meetings of the Permanent Forum.
Draft decision 3: Venue and date of next session of the Permanent Forum
The Economic and Social Council decides to hold the second session of the Permanent Forum in the period April - May 2003 at the United Nations New York.
Draft decision 4: Additional meetings
The Economic and Social Council decides to authorize an informal inter-sessional meeting of the Forum members for five working days prior to the next session of the Forum for the purposes of strategic planning. It also decides to authorize a meeting of the Forum members in the three working days prior to the second session of the Permanent Forum.
B. Matters for the Attention of ECOSOC
The Permanent Forum on Indigenous Issues identify the following proposals, objectives, recommendations and areas of possible future action and, through the Council, requests States, UN system and inter-governmental organizations, indigenous peoples and NGOs to assist with their realization.
Information Gathering from UN system1. Request all UN system organizations to provide information on their activities relating to indigenous peoples, for its 2nd session.
2. Prepare a report concerning the development of methods and procedures, such as a comprehensive questionnaire and disaggregation of data on indigenous peoples, with the objective of standardizing and coordinating the collection and reporting of information on indigenous issues within the United Nations system and with a view to producing relevant United Nations publications such as directories.
3. Prepare a study reviewing and outlining the policy, programme and technical issues which would need to be considered for the possible establishment of an information network and integrated database on indigenous issues.
4. Organize a three-day workshop, comprised of 15-20 experts, including some members of the Permanent Forum on Indigenous Issues as well as experts from the programmes, funds, agencies of the United Nations system, UNDP, and indigenous peoples' organizations with expertise relating to data collection of indigenous peoples, the indigenous media network, the Special Rapporteur on the human rights and fundamental freedoms of indigenous peoples, to consider the elements in the above-noted studies and develop recommendations for consideration and action by the Permanent Forum on Indigenous Issues at its next session. The workshop would focus on the creation of a centralized repository and database within the UN system relating to indigenous peoples. Topics for discussion would include the following:
(a) Technical training for indigenous peoples in accessing current data systems within the system including the UN libraries in Geneva and New York (DPI);
(b) Creation of a UN website for the Permanent Forum;
(c) The role of mainstream and indigenous media in dissemination and education of information on indigenous peoples.Communications and interactions with the Agencies
5. Establish Internet access including a web-site for the use of members of the Permanent Forum on Indigenous Issues.
6. Request the UN system and in particular the UN country offices to provide, as required and as available, facilities for and services to members of the Permanent Forum on Indigenous Issues in their respective area of residence and while on official missions.
7. Invite the Chairperson to attend the ECOSOC session and to present the report of the Permanent Forum on Indigenous Issues.
8. Fund a programme of visits for members of the Forum to participate in relevant meetings, as agreed to by the members.
9. Encourage the programmes, funds and agencies of the United Nations system to participate in and cooperate with and provide support, as appropriate, for the activities of the Permanent Forum on Indigenous Issues.
Additional Meetings10. Organize regional consultations over the next three years between UN agencies, governments, indigenous peoples and members of the Permanent Forum.
Data Collection
11. Invite UN system organizations, including field offices, as well as Special Rapporteurs and States to begin to disaggregate data on indigenous peoples generally and indigenous women and children specifically in two categories, covering (i) programmes and services impacting indigenous peoples and (ii) Fiscal allocations for indigenous peoples' programmes and services, and transmit this data to the Permanent Forum on an annual basis.
12. Invite UN system organizations to forward to the Permanent Forum information relating to all publications and data sources, including Internet services relating to indigenous peoples on an annual basis.
13. Invite UN system organizations to transmit to the Permanent Forum copies of all internal policies and procedures relating to indigenous peoples and to inform the Permanent Forum of any procedure or policy which limits their activities to specific regions or nation states.Technical Seminar
14. Establish a repository for hard copy historical data relating to indigenous peoples, including treaties between indigenous peoples and States and UN studies on indigenous peoples.
Report on the state of the world's indigenous peoples
15. Produce a UN publication that will be a triennial report (once every three years) on the State of the World's Indigenous Peoples, which will present data on indigenous peoples and discuss issues relating to indigenous peoples in the thematic areas within the Forum's mandate.
Health and the UN system
16. The Permanent Forum notes the significance of incorporating indigenous understanding of the human body, causes of health and illness, and existing practices of treatment of women and men respectively for the development of policies and guidelines on health care. It invites the Inter-agency Support Group:
(a) to include UNAIDS and the Global Fund for Aids at its meetings;
(b) to consider ways of cooperation between the Permanent Forum and UN-HABITAT;(c) to consider in cooperation with FAO the relationship between food/native diet and health and subsistence life style:
(d) to report to the Permanent Forum at its second session on progress in regard to these proposals.Technical seminar on health
17. Organize a technical seminar with representatives including the UNDP, WHO, UNICEF, UN Population Fund, Indigenous Peoples' Health Caucus, PF Members, and states in order to address and plan a system wide strategy to address the health needs of indigenous women and children. Special emphasis should be given to issues of infant mortality, reproductive rights, sterilization, domestic abuse and addiction. The seminar shall also discuss terms of reference for a study on the needs of indigenous women and children including the collection of data from UN agencies, states and NGOs. Outcomes of the seminar shall be forwarded to the PF for its consideration and action at the Second Session of the PF.
Technical seminar
18. Organize a technical seminar to assess existing programmes within the UN system and civil society and address the need to expand global programmes for the immunization and vaccination of marginalized indigenous communities and indigenous women and children specifically. The seminar shall also assess existing safety protocols relating to immunizations and vaccinations to ensure that historic abuses which allowed the use of unapproved drugs in indigenous communities and children be prevented. Outcome of the seminar shall be forwarded to the PF for its consideration and action at the Second Session of the PF. Attendees of the technical seminar - including UNDP, WHO, UNICEF, UNESCO, ILO, PF, states, UN Population Fund, Indigenous Health Caucus, and the Global Alliance For Vaccination Initiative (GAVI). Funding for this seminar should be sought from GAVI.
A Study
19. Prepare a study to determine which indigenous peoples and cultures have no access to direct health care and how health services, sensitive to traditional health care practices, may be provided to them. The study should focus on indigenous peoples that have no access to medical services or primary care because they are nomadic or because they reside in marginalized areas that cover vast expanses.
Working Group on Free and Prior Informed Consent and Particpatory Research Guidelines
20. Organize a working group on prior informed consent and participatory research guidelines to meet three times annually for 3-4 days each year, for 3 years. Meetings could be scheduled before annual sessions of the WGIP, the WG on the draft declaration and Forum. The working group would be requested to:
(a) Broaden and deepen the dialogue on prior informed consent by:
(i) defining what prior informed consent and PRG mean in substantive terms;
(ii) recommending criterion and guidelines for consideration when Indigenous Peoples and others address issues of prior informed consent and PRG, to ensure that IPs and their communities are fully informed, meaningfully participate in decision making and benefit sharing processes and that their interests are protected.
(b) Produce a paper on P.I.C. and PRG for distribution and discussion with the UN agencies, IPs' and states and engage in consultations with stakeholders in this issue;
(c) Following the consultation process the working group would create an information kit with draft agreements and documents relating to P.I.C. and PRG for review and consultation with IP's, agencies, states and other stakeholders in this issue.It is proposed that the members would include representatives of the Committee on Indigenous Health, treaty bodies, World Bank, WHO, CBD, NGOs, and States and members of the Forum.
(E/CN.19/2002/CRP.8 follows)
E/CN.19/2002/CRP. 8
24 May 2002
Original: English/Spanish
E/CN.19/2002/CRP. 7Permanent Forum on Indigenous Issues
First session
New York, 13 - 24 May 2002
MATTERS CALLING FOR ACTION BY THE ECONOMIC AND SOCIAL COUNCIL OR BROUGHT TO ITS ATTENTION
Human Rights1. Request the Secretary-General to prepare a report on how indigenous issues have been addressed in the UN Charter-based mechanisms and treaty bodies.
2. Request appropriate regional organizations to provide the PF with information on how indigenous issues have been addressed in their respective mechanisms for the protection of human rights.
3. Organize a technical seminar with members of the PF, the members of the Working Group on the Indigenous Populations and the UN Special Rapporteurs on Human Rights of Indigenous Peoples in order to ensure that these UN bodies can efficiently interface in their undertaking and to avoid duplication.
4. Calls upon States to adopt the draft UN declaration on the rights of indigenous peoples before the end of the Decade.
5. Encourage states to include in their delegations to the informal intersessional meeting on the draft UN declaration on the rights of indigenous peoples representatives of indigenous peoples' organizations.
6. Requests the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore to extend an invitation to members of the Permanent Forum to participate in its annual sessions as observers.
7. Requests the Secretary-General to provide necessary financial assistance to two members of the Permanent Forum to participate in the 20th session of the Working Group on Indigenous Populations and the Working Group of the CHR to elaborate a draft declaration.
8. Underlines the importance for thematic special rapporteurs and representatives of the commission on Human Rights to pay special attention to situation of indigenous peoples in their relevant fields.
9. Encourages states to undertake consultations with Indigenous Peoples to elaborate constitutional provisions and state policies relating to indigenous issues.
10. Recommends that the OHCHR organize activities with indigenous peoples in Africa and Asia with a view to (a) providing international and regional human rights training for indigenous peoples; (b) encouraging dialogue between States, indigenous peoples and others on the concept of indigenous peoples in the context of the promotion and protection of cultural diversity; (c) inviting inter-agency consultation with States and indigenous peoples at the national and sub-regional levels and to report to the Forum at its second session.Economic and Social Development
11. El Foro permanente ha notado que es de suma importancia asegurar el respeto de los derechos de los pueblos indígenas en la planificación e implementación de proyectos de desarrollo económico y social. En esta línea el Foro Permanente recomienda lo siguiente:
a) Que la OIT siga con sus esfuerzos para que se ratifique el Convenio 169, particularmente en países de África y Asia, ya que ninguno de estos lo ha ratificado.
b) Que la OIT continúe con su labor, a fin de asegurar la implementación del Convenio 169 en los países que ya han ratificado el Convenio.
c) Que se realicen esfuerzos extraordinarios para divulgar información a las agencias de Naciones Unidas sobre los derechos de los pueblos indígenas, y asimismo, que se promueva la formulación de políticas y estrategias sobre pueblos indígenas en programas y proyectos de desarrollo, en las agencias que aún no cuentan con ellos. En estas políticas, estrategias y proyectos se deberán tomar en cuenta los avances constitucionales y jurídicos tanto a nivel nacional como internacional, particularmente en lo que concierne al Convenio 169 de la OIT.
d) Que el Banco Mundial tome en cuenta los resultados de la evaluación en curso de sus actuales directrices operacionales sobre pueblos indígenas antes de terminar la formulación nuevas directrices al respeto. Asimismo debe revaluar la forma en que ha llevado a cabo las consultas sobre las nuevas directrices.12. Es necesario que las agencias y otras instancias de Naciones Unidas, incluido las instituciones financieras, revisen sus programas y proyectos relacionados con pueblos indígenas para tener información sobre políticas, estrategias, programas, proyectos, recursos destinados y los resultados. Posteriormente, el Foro Permanente desarrollará preguntas específicas a las agencias e instancias sobre esta cuestión, incluyendo el tema de migración, indígenas viviendo en un ambiente urbano, conflictos agrarios, seguridad alimentaria, y propiedad intelectual.
13. Se debe investigar la forma en la que el Sistema de las Naciones Unidas pueda promover acciones que fortalezcan mecanismos de control y monitoreo de empresas transnacionales que están operando en territorios y tierras indígenas. Entre otras instancias se debe asegurar que este tema sea tratado en la Cumbre Mundial para el Desarrollo Sostenible a llevarse a cabo en Johannesburgo agosto-septiembre 2002 y en la Cumbre Andina de Naciones. Se aprovechará también la Cumbre Indígena previa del WSSD y el Foro de la reunión de la Comunidad Andina de Naciones, en las cuales se recomienda la participación de los miembros del Foro Permanente.14. Es importante también tener conocimiento de las diferentes acciones que adelanta la Comisión de Desarrollo Sustentable de la ONU.
15. Se recomienda que las diferentes instancias de Naciones Unidas sean muy precisas al abordar los temas indígenas en sus diferentes intervenciones y las respuestas deberían ser de igual manera a fin de que los miembros del Foro tengan información.Education and Culture
16. The Permanent Forum stressed the importance of respect and protection of traditional indigenous knowledge and heritage; the contribution of traditional knowledge in matters to do with spirituality, the environment and the management of natural resources within the ecosystems; objectively favouring the synergies between local traditional knowledge and modern science with indigenous participation.
17. Invite UNESCO, to explain the plan of action for the application of the Universal Declaration on cultural diversity and also on linguistic rights, the policies, actions and initiatives on indigenous cultures. In this way, they will facilitate the opportunities and resources of the projects presented by the indigenous peoples with the goal of accomplishing the compromises geared towards human sustainable development. Indigenous peoples demand the right to keep and develop their distinct characteristics, their cultural traditions and their customs.
18. Invite UNESCO to guarantee the indigenous educational methods, views and psychology in its plans of action and should influence the government through its Education and Culture representatives to facilitate opportunities of access to education, coverage and educational quality for indigenous children and young people through grants, academic opportunities or a pertinent curriculum. Due respect be given to the teaching in indigenous languages. Indigenous peoples seek the recognition of their rights to their history, languages, oral traditions, stories and writings, of their traditional indigenous medicinal methods and of the contribution of their own names for peoples and places.
19. Requests Governments include in their programs and plans and in their educational and cultural policies the contents of indigenous knowledge, indigenous spiritual and religious traditions, indigenous customs and ceremonies as well as indigenous history, vision of the cosmos, philosophy and values. The rights of ndigenous peoples to their sacred sites and ceremonial objects and to the distribution of their ancestral remains be respected. They wish to have their cultural properties returned to them, particularly if these properties were taken without their permission. Also the restoration and protection of their environment, lands and resources. The cultural heritage, made up of the archaeological zones and sacred sites that are used for tourism, should be taught to non-indigenous children and young people so that they know the contribution of indigenous culture to all societies and to this globalized world.Environment
20. Decides to request the following agencies- UNEP, CBD, UNFCCC, UNFF, UNDP, UNCHR,WHO, WB, WIPO, UNESCO, WTO, UNCTAD, UNICEF, GEF, FAO, CCD and related agencies; and representatives of indigenous peoples and nations to look into how they can be engaged in environmental and development endeavours with the following mandates:
(a) To conduct a comprehensive review of the mandates, policies and programmes including financial and budgetary aspects of the various specialised agencies within the UN system that relate to indigenous peoples and their issues;
(b) To identify good and bad practices, coherence and divergence policies and programmes, gaps, problems, obstacles in addressing the issues of indigenous peoples within the United Nations system that fall within the mandate of the Economic and Social Council.21. Recommend to the WIPO, UNESCO, CBD, UNDP and FAO to hold a technical
workshop with PF members and the representatives of states and indigenous peoples and nations in order to promote models for environmental and sustainable development governance, which incorporates principles of genuine partnership between states and indigenous peoples, linkages between cultural diversity (language) and biological diversity, ecosystem approaches and collaboration between scientific and traditional knowledge and to evaluate intellectual property regime and to consider elaborating sui generis system for the protection of indigenous biocultural heritage, genetic resources and traditional knowledge, and to identify the support system for indigenous peoples to develop and consolidate their own policies and principles for the protection of biological resources, traditional knowledge, innovations and creativity, including modes of access and benefit sharing with the free and prior informed consent of indigenous peoples and local communities.22. Invite the Permanent Forum members to attend the World Summit on Sustainable
Development, Commission on Sustainable Development, and COPs of CBD and UNFCCC, UNFF and CCD as observers.
Children and Youth23. The Permanent Forum intends to make indigenous children and youth a focal point of its work in the years to come. The Permanent Forum decided to:
(a) Request that UNICEF, as the nodal agency of children, prepares a report on the policies, guidelines, and programmes of UN agencies (including but not limited to WHO, UNAIDS, UNESCO, UNCHR, FAO, ILO and UNDP) with regard to the ways in which these address the specific needs of indigenous children;
(b) Request that UNICEF provides information from the Multi Indicator Cluster Survey (MICS) disaggregating data on antenatal health, birth, registration, immunisation and early childhood development of indigenous children.
(c) Request that the Committee on the Rights of the Child and on other monitoring bodies, including Special Rapporteurs and Representatives of the UN system, that have both specific mandates and implications for the rights and issues of children pay special attention to and report on how they address the needs of indigenous children.
(d) Recommends the appointment of a Special Rapporteur on indigenous children, an external expert, for a period of three years to prepare reports for the the Permanent Forum to analyse and assess the situation of indigenous children from a holistic perspective and evaluate current policies, guidelines and programmes of relevant UN agencies which address their needs. A final in-depth report should be submitted to the Permanent Forum at the end of his/her term.Code of conduct
24. Calls upon the committee of the Rights of the Child to declare indigenous children as the subject for its theme day in September 2004.
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