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[Note: Highlighted paragraphs are the
summaries of SMHRIC's statement and the Chinese Government
representative's immediate reaction to it --- SMHRIC]
21 May 2007
Fundamental Rights of
Asia's Native People Increasingly Violated,
Situation Long Neglected,
Unites Nations Forum Told
With increasing violations of the fundamental
rights of native peoples in Asia due to the militarization of
ancestral lands and the imposition of repressive national
security, it was urgent that Asian Governments recognize the
region's indigenous peoples for who they were: distinct groups
with their own unique cultures, but with inherent human rights
to be respected like all other citizens, a representative of the
Asia Caucus told the Permanent Forum on Indigenous Issues today.
She noted that several Asian Governments had
sought a formal definition of indigenous peoples and that,
despite concern that creating a formal definition could lead to
discriminatory acts, she believed that legally binding criteria
for who could be regarded as "indigenous" peoples could be
agreed upon at the national level and within the context of a
Declaration on the Rights of Indigenous Peoples.
"It is of urgent concern that we move forward on
this issue in order to fully address the legitimate concerns of
indigenous peoples in relation to our collective rights, for the
best interest of all stakeholders, including States," she told
the Forum, which divided its work between discussion of Asia in
the morning and of urban issues in the afternoon.
Rounding out the issue of identification,
Rodolfo Stavenhagen, Special Rapporteur on the situation of
human rights and fundamental freedoms of indigenous peoples,
said that the situation of Asia's tribal and native peoples --
counting in the millions, in all countries of the region -- had
long been neglected, and had only recently been the object of
distinct attention in international forums. The reasons for such
historical neglect could be found in any number of
discriminatory provisions and legal distinctions concerning
indigenous people in the domestic norms and polices of a number
of countries.
Thus, while States like Cambodia, Nepal and the
Philippines explicitly referred to "indigenous" people in their
official terminology, some Asian countries had historically used
labels such as "tribal peoples", "hill tribes" or other
expressions in vernacular languages, such as "adivasis" or "orang
asli", which implied notions of aboriginality. In other
countries, no clear-cut differences existed between the legal
and constitutional treatment afforded to those peoples in
relation to other minority groups, and they were included under
the general categories of "ethnic minorities" or "national
minorities".
But, irrespective of the terminology and legal
status, those people shared with other peoples around the globe
several similar cultural, social and economic characteristics
that made them the object of marginalization and discrimination
in the countries in which they lived; that excluded them from
decision-making at all levels; and that made them prone to
suffering from serious violations of their human rights.
Taking up the issue of urban indigenous peoples
and migration in the afternoon along similar lines, Forum expert
Willie Littlechild pointed out that identity issues among
indigenous peoples residing in urban areas were extremely
important. Indigenous organizations and friendship centres were
intimately tied to identity, he continued, noting a dichotomy
could be found in many Government policies between rural and
urban peoples, based on a lingering stereotype that authentic
indigenous people lived in remote areas. However, urban
indigenous communities were often characterized by geographic
mobility, both in and out of urban areas, and to their native
lands.
In many cases, he said, urban indigenous
communities did not have the same levels of access to
information, and information about available services was often
controlled by external agencies. In that context, indigenous
peoples were often classified as those with "special needs",
with no effort to understand their complex differences.
Selman Erguden, Head of the Shelter Branch of
the United Nations Human Settlements Programme (UN-HABITAT),
noting that the trend of global urbanization was irreversible,
said cities generally were the engines of economic, social and
cultural development and realization of human rights; however,
they could also generate and intensify the social exclusion of
disadvantaged and marginalized indigenous groups.
He said that a number of "push-pull" factors had
been prompting the migration trend among indigenous peoples,
including, among others, land dispossession, displacement,
conflict and natural disasters. The overall deterioration of
their livelihoods, coupled with the absence of viable economic
alternatives in rural areas, were the "push factors", while the
prospect of better socio-economic conditions in cites
constituted the main "pull-factor". Regardless of the cause, it
was clear that indigenous people faced substantial difficulties
in urban settings, including a lack of employment and other
income-generating activities, limited access to basic services
and, perhaps most importantly, inadequate housing.
Donna Matahaere-Atariki, Director of Policy, Te
Ouni Kokiri, New Zealand said that, following the Second World
War, the rate of urbanization by the Maori people as a group had
been the highest in the world. Most had migrated for new
employment opportunities in cities and, as a result, more than
80 per cent of the Maori population today lived in urban areas.
That trend had wrought a fundamental change in the character of
New Zealand society, including enhancing understanding and
contact between Maori and non-Maori.
But, the pace of the change had also had
negative effects, since urbanization had fractured the
traditional relationship of individual Maori to family and
tribe, as well as to tribal lore and land. During economic
downturns, Maori were most often likely to be engaged in
low-skilled jobs and, thus, vulnerable to unemployment. That had
established a long-term cycle of poverty, disadvantage and a
crisis of identity for many Maori individuals in urban areas.
Overall, she said, New Zealand believed that a
policy must be developed to manage the social change associated
with urbanization and to minimize negative effects. Governments
and indigenous people needed to work together on the question of
urbanization and to support indigenous peoples in their choices.
Leading the discussion on Asia were Indira
Simbolon, Senior Social Safeguard Specialist of the Environment
and Social Safeguard Division, Asian development Bank; Ganesh
Thapa, Regional Economist, Asia and the pacific Division,
International Fund for Agricultural Development (IFAD); Brigitte
Fiering, Chief Technological Adviser, Project to Promote
International Labour Organization (ILO) Policy on Indigenous and
Tribal Peoples; Sultan Aziz, United Nations Population Fund (UNFPA);
and Chandra Roy of the United Nations Development Programme (UNDP).
A representative World Bank also spoke, as did
the representatives of China and Viet Nam.
Representatives of the following indigenous
groups also spoke: Asian Indigenous People's Caucus; Asian
Indigenous Women's Network; Khmer Kampuchea Krom Federation and
the Montagnard Foundation; Shimin Gaikou Centre and associated
organizations; Ainu Association of Hokkaido, Ainu Resource
Centre;
Southern
Mongolian Human Rights Information Centre;
Youth Caucus; South Asia Indigenous Women's Forum and other
organizations; Asia Caucus and the Forest Peoples Programme;
Asia Indigenous Peoples Pact and Tebtebba Foundation.
Also, leading the discussion on indigenous urban
migration were: Rasmus Precht, the representative of the United
Nations Human Settlements Programme (UN-HABITAT); Amy Muedin,
Programme Specialist, International Organization for Migration
(IOM); Julien Burger, the Coordinator of the Office of the
United Nations High Commissioner for Human Rights; United
Nations Economic Commission for Latin America and the Caribbean
(ECLAC); and Fred Caron, Assistant Deputy, Office for Metis and
Non-Status Indians, Indian and Northern Affairs of Canada.
The representative of Nicaragua also spoke.
Representatives of the following also spoke:
Indigenous Caucus if the Greater Caribbean; North American
Regional Caucus; Amazigh Caucus of North Africa; Comision
Juridica Para el Desarrollo de los Pueblos Originarios Andinos (CAPAJ);
Pacific Caucus; Latin American Caucus; La Red Xicaana Indigena,
Pueblos y Fronteras, South central farmers, Winnemem Wintu
Tribe, Cetiliztli Nauchampa; Gobiernos Alteranativos; New South
Wales Aboriginal Land Council and associated organizations;
Caribbean Antilles Indigenous Peoples Caucus and associated
organizations; Consejo Indo de Sudamerica and Andean First
Nations Council; Congress of Aboriginal Peoples and associated
organizations; Comissao Nacional dos Indios Guarani and
associated organizations; Retrieve Foundation; National
Association of Friendship Centres; Federation of Indigenous
Populations of India; and Ethiopian World Federation.
The Forum will reconvene at 3 p.m. Tuesday, 22
May, to hold a discussion on data collection and dissaggregation.
Background
The United Nations Permanent Forum on Indigenous
Issues met today to continue its sixth annual session. It was
expected to hold a half-day discussion on Asia, as well as a
discussion on urban indigenous peoples and migration. For
background, see Press Release HR/4916 issued 11 May 2007.
Statements
Launching today's discussion on Asia was GANESH
THAPA of the International Fund for Agricultural Development (IFAD),
who said that, globally, indigenous peoples constituted only 5
per cent of the total population, but 15 per cent of the poor.
Of the 250 million indigenous peoples living in Asia and the
Pacific region, most were poor and marginalized, often
ill-equipped to deal with, and benefit from, the forces of
globalization. In China alone, indigenous peoples constituted
only 9 per cent of the population, but 40 per cent of the poor.
In India, 11 per cent of rural peoples were indigenous peoples,
but comprised 48 per cent of country's poor in 2000.
Referring to the International Labour
Organization's Poverty Reduction Strategy Papers in Asia, which
noted a continued high incidence of poverty among indigenous
peoples, he asked how indigenous people would fare in 2015, the
deadline for achieving the Millennium Development Goals. He said
even with the halving of poverty, the bulk of the remaining poor
would be indigenous peoples living in Asia. In China, the
absolute poor would be concentrated in mountainous areas.
Research about the causes of poverty noted that
geography played a role, as agricultural conditions in
mountainous areas in China, for example, were unfavourable.
However, poverty could not only be explained by lower levels of
assets and education. Half of the problem included maximizing
returns of existing assets.
Intervention to assist them could be more
strategically targeted, he continued. In Latin America and Asia,
the Fund devoted most of its loan and grant resources to
indigenous peoples, particularly in India, China, Lao People's
Democratic Republic and Bangladesh. It generally operated within
five key areas of intervention: securing access to natural
resources such as land, forests and water; promoting indigenous
women; promoting sustainable resource management; institution
strengthening; and blending traditional knowledge systems with
modern technology.
The results of an assessment made on the First
International Decade on Indigenous Peoples included some
successes, notably that indigenous peoples' issues had been
included in poverty reduction strategy papers, particularly in
Bangladesh and Viet Nam. Further, there was a likelihood of
adopting International Labour Organization Convention 169 in
Nepal. The remaining challenges included non-recognition of
indigenous rights in many countries and an ongoing gap between
the adoption of laws and implementation of them. The way forward
for the Fund would include a focus on resource allocation and
perhaps a tripartite discussion among the Fund, the Forum and
national Governments. Further, it was essential to focus on
access to new assets and better management of existing ones.
RODOLFO STAVENHAGEN, Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous
people, updating the Forum on indigenous peoples in the Asian
region, said that the situation of Asia's tribal and native
peoples -- counting in the millions, in all countries of the
region -- had long been neglected, and had only recently been
the object of distinct attention in international forums. The
reasons for such historical neglect could be found in any number
of discriminatory provisions and legal distinctions concerning
indigenous people in the domestic norms and polices of a number
of countries.
Thus, while States like Cambodia, Nepal and the
Philippines explicitly referred to "indigenous" people in their
official terminology, other countries had historically used
other labels to refer to them, such as "tribal peoples" or "hill
tribes" or other expressions in vernacular languages, such as "adivasis"
or "orang asli", which implied notions of aboriginality. In
other countries, he said that no clear-cut differences existed
between the legal and constitutional treatment afforded to those
peoples in relation to other minority groups, and they were
included under the general categories of "ethnic minorities" or
"national minorities". But irrespective of the terminology and
legal status, those people shared with other peoples around the
globe a number of similar cultural, social and economic
characteristics that made them the object of marginalization and
discrimination in the countries in which they lived; that
excluded them from decision-making at all levels; and that made
them prone to suffering from serious violations of their human
rights.
Turning next to the loss of indigenous lands and
territories, he said that many of the human rights violations
facing indigenous peoples of the Asian region were due to their
loss of ancestral lands. That trend had been increasing in
recent decades, placing many of them on the verge of completely
losing their traditional territories and, thus, disappearing as
distinct peoples. Some of the driving factors of the trend had
been the renewed extension of plantation economies, particularly
in Indonesia, Malaysia, and other countries in the south-east of
the region. Another factor had been the dramatic pace of
deforestation, as a result of State concessions and illegal
logging.
"The systematic practice of displacement and
removal of indigenous communities is of special concern," he
said, stressing that such displacement was usually forced by the
construction of "mega-projects", such as hydroelectric dams, or
the effect of extractive industries. Such practices had led to
the displacement of millions of indigenous and tribal families
from their ancestral lands in countries such as India and China,
"generating human costs of dimensions still difficult to
ascertain". The forced removal of those communities was also the
consequence of intentional State policies aimed at "economic
modernization", including the abolition of traditional forms of
shifting cultivation or the eradication of illicit crops, as had
been done in the Lao People's Democratic Republic, Thailand, or
Viet Nam.
He said that, in the majority of cases, the
violations of indigenous land rights was a result of legal
vacuums in may Asian countries, the majority of which still
failed to recognize indigenous title derived from ancestral
possession and use, or to recognize traditional forms of herding
and cultivation as sustainable forms of production. At the same
time, he noted that a recent positive trend had been the
adoption by some countries of legislation regarding indigenous
land and resource rights, such as the Adivasis Forest Rights
Act, adopted by India in 2006. Still, he noted that experience
had shown that even when such policies were adopted, such as the
1997 Indigenous Land Rights Act in the Philippines, or the 2001
Land Rights Act in Cambodia, there remained serious problems
with regard to effective implementation.
He went on to say that indigenous peoples in
Asia had been particularly affected by violent conflicts since
independence in several countries, including Bangladesh,
Myanmar, Nepal, Indonesia, Philippines and in north-east India.
In some of those cases, indigenous communities had chosen, or
been forced, to participate in insurgent movements as a way of
protecting their rights. That had driven them into a vicious
cycle of violence, where they had suffered both from
insurgencies and States repression, leading to serious human
rights abuse. He said he had received countless reports of
abuses suffered by indigenous leaders and communities that found
themselves trapped in the middle of conflicts, including
massacres, extrajudicial killings, forced disappearances and
torture.
Similar practices had been identified in other
countries as a result of State strategies to combat terrorism or
drug trafficking, leading to the imposition of states of
emergency and the application of special legislation that paved
the way for abuse and impunity. That was the case, for instance,
of the Armed Forces (Special Powers) Act, in force for decades
in several states in north-eastern India, he said. In the
Philippines, political killings, including dozens of indigenous
leaders and activists, had drawn international attention, and in
Viet Nam and the Lao People's Democratic Republic, the
Montagnard and Hmong people still faced repression as a
consequence of their involvement in armed conflicts more than 30
years ago. While many of those communities had sought refuge in
forests, others had been forced to flee to other countries like
Cambodia or Thailand, where they were sometimes subjected to
harsh conditions or detention.
In order to find a solution to protracted
conflicts, as well as to accommodate ethnic diversity within
their own societies, several countries had promoted a number of
constructive arrangements, he said. Some of those arrangements
provided for indigenous peoples' self-government in issues
directly affecting them, as well as various safeguards with
relation to their cultures, opening a window of opportunity for
the protection of their rights. He went on to draw attention to
the particularly troubling situation of indigenous women and
girls in Africa, where their vulnerability pushed them, more
often than not, into trafficking or economic migration, under
conditions of extreme precariousness, abuse and violence.
Finally, he called upon the Governments of Asian
countries, international organizations, civil society and all
relevant actors to ensure that the rights of indigenous peoples
found a distinct place in the overall Asian human rights agenda,
and to mobilize all the energies required to attend to the often
desperate situation they faced in the region.
JOAN CARLING, of the Asian Indigenous People's
Caucus, while recognizing the commonality of peoples in Asia,
said the issue of identifying indigenous peoples went hand in
hand with non-recognition of their rights. Recalling several
international forums dealing with indigenous peoples' rights,
she said legally binding criteria of who could be regarded as
"indigenous" could be agreed upon at the national level within
the context of a broader United Nations Declaration on the
Rights of Indigenous Peoples. She said it was urgent to move
forward on that issue to better address the legitimate concerns
of indigenous peoples. Such action would be in the best interest
of all stakeholders, including States, as it would lead to the
resolution of long-standing problems.
While her delegation appreciated the existence
of safeguard policies in financial institutions, such as the
World Bank, she said those policies fell far short of adequate.
Discussing the Asia Development Bank's policy update review, she
was particularly concerned about its direction towards
strengthening country systems. Further, she was deeply concerned
by the increasing violations of the fundamental rights and
freedoms of indigenous peoples in Asia due to militarization and
the imposition of national security laws. She noted that the
labelling of individuals as "terrorists" provided a
justification to impose restrictions on the civil and political
rights of those indigenous peoples asserting their rights.
Moreover, she added, the denial of basic
services was leading to further impoverishment of indigenous
communities. Highlighting that delivery and access to services
such as health, education and water was dependent on indigenous
peoples' approval of destructive projects; she deplored such
exchanges of rights for services.
She appealed to all Governments to pass the
United Nations Declaration on the Rights of Indigenous Peoples,
and asked all entities funding development projects to respect
and actively promote the key principles of free, prior and
informed consent. She called attention to private sector banks
in that regard. Additionally, she called for the establishment
of a monitoring mechanism for all activities funded by
multilateral institutions with potential impact on indigenous
peoples. She asked the Japanese Government to seriously consider
including provisions on indigenous peoples in the safeguard
policy of the Japan Bank for International Cooperation.
Importantly, she called for the establishment of an Asian Human
Rights Commission to include indigenous peoples experts, and for
the Association of South-East Asian Nations (ASEAN) Governments
to recognize the collective rights of native peoples, based on
the Declaration.
SULTAN AZIZ, United Nations Population Fund (UNFPA),
said that his agency worked in the region, which was home to 70
per cent of the world's indigenous peoples, to ensure that every
woman, man and child enjoyed better health and lived a better
life. It worked to ensure that every pregnancy was wanted, every
birth was safe, every young person was free of HIV/AIDS and
every woman and girl was treated with respect and dignity. He
said the troubling situation of indigenous people throughout the
Asian region was a result of Government neglect. That neglect in
turn bred mistrust on the part of indigenous and tribal peoples.
At the same time, he stressed that even when Governments were
trying, the cycle of mistrust was continually fed by bad
planning, which ultimately resulted in the marginalization of
indigenous communities.
UNFPA was working to promote policy development
and capacity-building, particularly through the building up,
where possible, of indigenous grass-roots organizations, he
continued. By example, he said that, to foster greater
participation of indigenous people in policy formulation, the
Cambodian Government had piloted a programme, with the help of
the UNFPA, to boost such participation. He went on to highlight
the UNFPA's work in India, where the 2001 census listed some 84
million indigenous persons, the majority of which lived in a
near-contiguous belt stretching from Gujarat, to seven states in
the north-east. Turing to Pakistan, he noted that, despite
successive Government attempts to address the condition of
religions and national minorities, women, tribal groups and
indigenous peoples had met with recurring challenges. Those
challenges included competition for resources and jobs by
members of other ethnic minorities who shared land resources
with those groups in the four provinces of Pakistan.
He said that, throughout the region, the
fundamental challenge to the UNFPA's work was the unavailability
of verifiable data. Varying estimates of indigenous peoples'
population in many countries were often inconsistent and/or
unreliable. A greater effort needed to be mounted to properly
assess such information, to ensure better planning at the
national level. At the cultural level, UNFPA had also been
challenged to strike a balance between respect for indigenous
cultures and mainstream reproductive health and gender equality.
UNFPA believed that the entry point was identification,
prevention and mitigation of such factors as harmful beliefs and
practices, as well as promoting positive health behaviour. It
was critical that high quality reproductive health information
and services were provided in a culturally sensitive, accessible
and equitable manner, he said, stressing that the UNFPA was
committed to working on more effective approaches to reach and
address the special needs and rights of indigenous peoples.
BRIGITTE FIERING of the International Labour
Organization (ILO) said that her organization had increased
collaboration with Governments and indigenous peoples in Asia.
Land and resource rights were among the region's top issues, she
added, noting that Cambodia was seeing accelerated land grabbing
and increased adverse impacts on indigenous peoples. A recent
forum had highlighted their concerns. Although a legal framework
had been established, the development of regulations to
implement that legislation remained stalled.
Another concern for the Organization was the
implementation gap, she continued, noting that several
countries, including, Bangladesh and India, had ratified ILO
Convention 169. Regarding that Convention, dialogue with
Governments had revealed huge challenges to implementation,
including a lack of political will and limited capacity of
stakeholders to understand native peoples' rights.
Representation in decision-making processes was
another area for improvement, she said. Most indigenous peoples
in Cambodia were not represented beyond the village level and
had no say in how to achieve the Millennium Development Goals.
Where there was weak participation of native peoples, there was
also a tendency to include them in "disadvantaged" or
"vulnerable" groups. The result was that their specific needs
were often overlooked or not adequately targeted. Turning to
traditional occupations, she said negative perceptions were seen
throughout Asia, particularly in regarding those occupations as
"primitive and in need of modernizing". Some were even
prohibited by law. Further, indigenous peoples were
disproportionately represented among victims of violations of
fundamental rights, including gender-related discrimination.
On the issue of conflict, she said native
peoples were not taken into decision-making processes that could
quell violence and Nepal was a case in point. While there was a
fear that discussion of indigenous peoples' rights would lead to
conflict, the use of ILO Convention 169 had shown the opposite:
that recognition of their rights had contributed to conflict
resolution. The challenges included a lack of political will to
recognize native peoples' rights; lack of capacity to implement
policies for their rights; and discrimination against indigenous
workers in the international labour market.
She noted some positive developments, namely
increased Government interest in building peaceful societies and
wide ratification of ILO Convention 111, which pertained to
engagement in an occupation of one's choice. The ILO had
facilitated collaboration among United Nations agencies and
donors, she said, stressing the need to involve the full
diversity of actors in translating policies into action.
Moreover, it was consolidating its regional and subregional
programmes, with a particular focus on capacity-building.
INDIRA SIMBOLON, Senior Social Safeguard
Specialist of the Environment and Social Safeguard Division of
the Asian Development Bank, said a recent Bank report had noted
that, despite powerful economic progress in the Asian region, in
the years to come many countries would have to deal with
extensive poverty and support faster and more inclusive growth,
and move from a national to regional and, ultimately, global
focus. With all that in mind, she said that the Bank also
recognized the precarious situation of the region's indigenous
populations and communities. The Bank was also aware that the
region's various development agencies, civil society
organizations and private donors all had different -- and
sometimes competing -- priorities when it came to development
strategies, including those aimed at improving the
socio-economic conditions of indigenous peoples.
The Bank, due to its limited resources, had
largely shifted its focus away from "development" initiatives
towards "safeguard" polices aimed at indigenous communities, he
said. The Bank had several safeguard policies that sought to
avoid, minimize or mitigate adverse environmental impacts,
social costs to third parties, or marginalization of vulnerable
groups that resulted from development projects. In 2004, the
Bank launched a reform agenda focused on managing for
development results, which emphasized the importance of
outcome-driven processes to ensure sustainability of development
efforts.
In line with those initiatives and in response
to recent economic advances in its developing member countries,
the Bank sought to improve implementation and alignment of its
safeguard policies with country safeguard systems and other
donors' safeguard frameworks. She said that the Bank was working
"to get the balance right", so that the human rights and
socio-economic rights of indigenous people were protected and
promoted. The participation of indigenous civil society
organizations in the safeguards process would be most helpful.
Statements by Indigenous Organizations
RUTH BATANI, delivering a joint statement by the
Asian Indigenous Women's Network said her network had held
capacity-building training sessions in various Asian countries,
designed as a general orientation on gender. Additionally, three
Network representatives had participated in the fiftieth
Commission on the Status of Women. The Network had created a
report on rights of indigenous women in the Asia Pacific region,
and prepared an information kit on indigenous women who were
acting at local national and international levels to promote the
rights of indigenous peoples.
She recommended that the Forum renew its call to
ensure indigenous peoples' access to lands, territories and
natural resources. Further, the Forum should prepare a special
report on indigenous peoples and climate change, and mobilize
resources for capacity-building efforts for women. Additionally,
data systems reflecting the situation of women should be
developed.
SIMON THACH, delivering a joint statement by the
Khmer Kampuchea Krom Federation and the Montagnard Foundation,
said human rights violations persisted in Viet Nam and he would
continue to speak truth to power about human rights,
particularly about the right to health care. Describing renewed
oppression on human rights movements, he noted that two
17-year-old monks had been detained, a sign that the
Government's actions were hostile towards Buddhism. He asked
that monks be permitted to create an independent organization to
promote peace.
MAKIKO KIMURA, delivering a joint statement by
the Shimin Gaikou Centre and associated organizations, said her
delegation fully supported the Asian Caucus statement. She was
concerned at the merger of the Japan International Cooperation
Agency with another agency. At the outset, her delegation had
tried to express concern that the guidelines had fallen far
below international standards on indigenous peoples. She asked
both agencies to ensure that fundamental rights of native
peoples were recognized. Consultations with indigenous peoples
had not been held, which constituted a breach of the Declaration
on the Rights of Indigenous Peoples. She asked the Forum to call
for multilateral organizations to incorporate native peoples'
rights into their activities.
YUPO ABE, speaking through an interpreter, on
behalf of the Ainu Association of Hokkaido, Ainu Resource
Centre, said that his group had been calling on the Japanese
Government to recognize the Ainu peoples. The group had asked
the Committee on the Elimination of Racial Discrimination to
press the Government on the matter, but Japanese authorities had
demurred, saying that the United Nations had not worked out an
"unambiguous" definition of indigenous peoples. He said that it
was absolutely necessary that Japan address such an historical
injustice. Acknowledgement of the Ainu people would truly end
colonialism in Japan. He called on Japan to officially recognize
the Ainu people.
CHANDA ROY, of the United Nations Development
Programme (UNDP), said that her agency was using its comparative
advantage at the country and regional level to protect and
promote the rights of indigenous peoples and to boost their
socio-economic development. The UNDP was working to reduce
poverty levels and promote knowledge management systems among
indigenous people and support and promote policy initiatives at
all levels. It was also supporting regional dialogue at all
levels among government, indigenous groups and wider civil
society. She said that the UNDP Asia Division's work focused on
natural resource management and land, law and justice, and
capacity-building focused on indigenous leaders, women and
youth.
BATE NING (Ningbat Juramt), Southern Mongolian
Human Rights Information Centre, said that southern Mongolia,
widely known as " Inner Mongolia", was
home to some 5 million indigenous peoples. Those peoples had
been suffering under the heavy-handed and repressive polices of
the Chinese Government for years, and most recently had been hit
hard by China's absolute ban on their traditional herding
practices, in the name of "modernizing" the region. Among other
things, the Chinese Government also continued to jail Mongolian
traditional doctors for practicing their craft.
YAYUC NAPAY, the representative of the Youth
Caucus, said Asian indigenous youth were underrepresented in the
Forum, as many faced problems with finding visas and funding to
attend. He called for the Forum to assist in those matters. Most
youth in Asia were not able communicate in English and could not
access or assess United Nations information, and he urged that
all United Nations agencies use languages from Asian countries,
including Nepal, Thailand and Viet Nam. Additionally, a training
course in English proficiency should be made available to
indigenous youth in Asia. He recommended the Forum also appoint
a qualified person to coordinate with youth groups in Asia, so
that they could carry out their goals. He called on States to
recognize the rights to self-determination, halt militarization
of indigenous areas, and recognize the right to free, prior and
informed consent prior to approving development projects.
ANJALI DIAMARI, delivering a joint statement by
the South Asia Indigenous Women's Forum and other organizations,
said the militarization of native lands had marginalized women.
In India, for example, women who practiced traditional healing
were often killed in a brutal manner, because of the stigma
attached to those practices. Moreover, armed conflict in various
Asian countries had had a strong impact on indigenous women, and
she urged that all provisions of Security Council resolution
1325 (2000) be duly respected. She urged that a special
rapporteur study the effects of armed conflict on women and
children in South Asian countries. Additionally, India should
ratify the Rome Statute of the International Criminal Court.
MINA SETRA, delivering a collective statement of
the Asia Caucus and the Forest Peoples Programme, drew attention
to the Asian Development Bank's updating of safeguard policies.
She said that, while she appreciated the informal consultations
between Bank officials and leaders of indigenous peoples that
had taken place, she was concerned that the Bank had not
committed to full and effective consultations. She was also
deeply concerned about the direction that the policy review had
taken, as special evaluations had indicated strong support for
increased reliance on country safeguard systems, rather than
upholding existing international standards on environmental
protection and human rights. The Forum should ask the Bank to
consult fully with indigenous peoples. It should also request
the Inter-Agency Support Group to provide assistance to
multilateral institutions for coordinating those consultations.
Further, she asked the Bank to uphold the Declaration on the
Rights of Indigenous Peoples and publicly commit to upholding
international human rights standards.
SHANKAR LIMBU, delivering a joint statement by
the Asia Indigenous Peoples Pact and Tebtebba Foundation, called
attention to the indigenous peoples of Cambodia. While the
country's land law included a chapter on the registration of
communal land, no titles had been granted to native peoples, he
said, adding that they remained vulnerable to commercial
interests. Although the Government had put a moratorium on
logging, industry interests still prevailed without consultation
with native peoples living in impacted areas. Indeed, the
principle of free, prior and informed consent had not been
exercised. In the north-east, international donor agencies
continued to support the building of dams that would negatively
impact indigenous communities. He urged United Nations agencies
and other donors to address issues of land among indigenous
communities and asked the Forum to push Governments to implement
the free, prior and informed consent principle. Moreover, the
World Bank should follow through on its 2006 recommendations
related to the Cambodian situation.
Experts Comments and Questions
Opening the experts' round of comments,
PARSHURAM TAMANG, expert from Nepal, asked if organizations such
as the Association of South-East Asian Nations (ASEAN), or the
United Nations Economic and Social Commission for Asia and the
Pacific (ESCAP) had been asked to participate in the discussion.
Naming some challenges faced by indigenous peoples in the Asian
region, he emphasized, among others, the need for Asian
Governments to recognize outright the existence of the
indigenous peoples, the establishment of protective mechanisms
and policies, globalization, conflicts or non-implementation of
peace accords. Noting that the Asia-Pacific region was home to
so many indigenous peoples and communities, he asked the panel
if it was possible to come up with a common strategy. He was
troubled that there was no Asian regional human rights agency to
help protect the rights of tribal communities.
WILLIE LITTLECHILD, expert from Canada, recalled
that several of the speakers had noted an "implementation gap"
and a "legal vacuum" that led to the rights of indigenous
peoples being undercut in the region. He wondered if anyone on
the panel could discuss ways this might change, particularly
with the adoption of the Declaration on the Rights of Indigenous
Peoples. He added that the Forum's experts were very worried
about the status of a United Nations intern in that region.
QIN XIAOMEI, expert from China, called for
everyone, particularly Governments, to put aside squabbles about
defining indigenous peoples and to join together with civil
society, development agencies and indigenous groups, and assist
those people in their capacity-building and in the protection
and enjoyment of their human rights. The Forum had been
established as a space for dialogue among Governments and
indigenous people, she said, calling on State actors to consider
such a dialogue.
OTILIA LUX DE COTI, expert from Guatemala, said
that the Forum should take a strong stand on such
"implementation gaps" and should listen to such accounts
carefully when compiling its own reports.
IDA NICOLAISEN, expert from Denmark, applauded
the representatives of indigenous groups that had made
presentations today, and reminded the Forum that there were many
countries, including India, Burma and Malaysia, where the voice
of civil society was rarely heard because of difficulties in
mobilization. She called on the Office of the United Nations
High Commissioner for Human Rights to develop a paper on
mainstreaming human rights throughout the United Nations system
and present it at the Forum's next session.
MERIKE KOKAJEV, expert from Estonia, asked Mr.
Stavenhagen, if he was engaged in dialogue with the Department
of Peacekeeping Operations, to ensure that United Nations
peacekeeping missions were made aware of the rights and cultural
specificities of indigenous communities.
HASSAN ID BALKASSM, expert from Morocco, was
also concerned by reports of the implementation gap seriously
affecting the exercise of indigenous peoples' rights, and he
asked if the representatives of United Nations agencies on the
panel were engaged with the respective Governments to address
lagging project implementation. He also urged more Governments
to participate in the debate.
Statements
PHAM HAI ANH (Viet Nam) voiced concerned at the
last paragraph in the Special Rapporteur's statement, saying
that his delegation had participated in the Forum with a view to
providing information on the actual situation of ethnic
minorities on the ground. By doing so, he hoped to facilitate
the adoption of a recommendation that would actually address the
needs of those people. He rejected the groundless information by
people with a questionable political agenda. He was disheartened
that such groundless information was picked up, rather than
information about Government efforts to benefit all 53 of the
country's ethnic groups.
Turning to a statement on the arrest of monks in
Viet Nam, he said the Constitution guaranteed the rights and
freedoms of religion and belief, as well as the principle of
equality before the law. All those who committed crimes
punishable under the Penal Code would be prosecuted, regardless
of their ethnicity or religion.
NAVIN RAI of the World Bank, responding to
collective statements by the Asia Caucus and the Asia Indigenous
Peoples Pact, said the Bank had funded 193 projects in Asia. In
China alone, there were 20 projects. More importantly, the Bank
could boast 57 projects in the pipeline, with 31 of them under
the revised and stringent policy on indigenous peoples.
Regarding the Asia Caucus' call for the Bank to
improve its policy on indigenous peoples, particularly regarding
the principle of free, prior and informed consent, he
acknowledged the Bank's provision did not amount to the legal
concept of that principle. The Bank had agreed to look into that
issue once the Declaration was adopted by the General Assembly.
Further, he accepted the Pact's request to follow through with
its 2006 recommendations.
RODOLFO STAVENHAGEN, Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous
peoples, said he was aware that some public human rights
institutions in Asian countries did not actually deal with human
rights. Those institutions should develop more interest in
indigenous peoples' situations, and develop focal points and
special departments to address such matters. He proposed that
they also deal more closely with gender commissions, which,
again, were not always equipped to deal with indigenous women's
issues.
Furthermore, he proposed that ASEAN countries
create a regional human rights commission. As in other parts of
the world, he had noticed human rights commissions were not
always trusted, particularly by indigenous peoples, as they felt
they lacked adequate safeguards. He urged that they be
independent bodies, accountable to parliaments and legislatures,
rather than Governments. It was also extremely important for
professional agencies, such as bar associations, take up the
issues of indigenous human rights.
Responding to Viet Nam's statement, he said that
he had received cooperation with human rights defenders and with
the technical staff at the Office of the United Nations High
Commissioner for Human Rights. Regarding Viet Nam's assertion
that the information he received had been groundless, he said
he, of course, would welcome any further information that the
Government wished to address to the Special Rapporteur. Over the
years, he had sent communications to the Government regarding
complaints. He asked that responses be provided though available
mechanisms.
ZHOU FENG (China), responding to the South
Mongolian Human Rights Information Centre, said his delegation
attached great importance to indigenous peoples. However, he
opposed some of the groundless accusations heard today.
Inner Mongolia was part of China and
its inhabitants enjoyed the same rights as in other parts of the
country. The Chinese Government could not accept such groundless
accusations.
Discussion on Urban Indigenous, Migration
Forum expert Mr. LITTLECHILD turned to the
reasons why indigenous peoples migrated to urban areas, adding
that policymakers were often surprised to discover that huge
numbers of indigenous peoples resided in major cities. The
complex "push and pull" factors prompting indigenous peoples to
migrate included the privatization of native lands, the drive
for employment, access to health care and education, and a
desire for a better life.
Identity issues among indigenous peoples
residing in urban areas were extremely important, as urban
experience contributed to defining identity, he continued. The
formation of indigenous organizations and friendship centres
were intimately tied to identity. There was a dichotomy in many
Government policies between rural and urban peoples, based on a
lingering stereotype that authentic indigenous people lived in
remote areas. Urban indigenous communities were often
characterized by geographic mobility, both in and out of urban
areas, and to their native lands.
In many cases, he said, urban indigenous
communities did not have the same levels of access to
information, or the skills to fully participate in the emerging
knowledge economy, and information about available services was
often controlled by external agencies. In that context, he went
on to say that indigenous peoples were often classified as those
with "special needs", with no effort to understand their complex
differences. Involving indigenous peoples in decision-making in
urban areas was extremely important, as it allowed them to have
a say in what affected them, he said, noting the ongoing
jurisdictional debates in municipal governments that resulted in
exclusion.
Indigenous youth residing in urban areas were
often portrayed in a way that sensationalized risk-prone
behaviour, he said. Activities to achieve positive outcomes for
youth were needed. Racism and discrimination remained
substantial difficulties, as did the lack of income-generating
activities and limited access to services. He encouraged the
Forum to consider urbanization as a permanent agenda item.
SELMAN ERGUDEN, Head of the Shelter Branch of
the United Nations Human Settlements Programme (UN-HABITAT),
said that the trend of global urbanization was irreversible:
soon, most of the world's people would live in and around cities
and major urban areas. Cities, in general, were the engines of
economic, social and cultural development and realization of
human rights, but they could also generate and intensify the
social exclusion of disadvantaged and marginalized indigenous
groups. More and more indigenous people were choosing to leave,
or being moved off, their traditional rural territories and
homelands, and were being seriously affected by the trend, in
both developed and developing regions.
He said that a number of "push-pull" factors had
been prompting the migration trend among indigenous peoples,
including, among others, land dispossession, displacement,
conflict and natural disasters. The overall deterioration of
their livelihoods, coupled with the absence of viable economic
alternatives in rural areas, were the "push factors". The
prospect of better socio-economic conditions in cites was the
main "pull-factor". But, whatever the cause, it was clear that
indigenous people faced substantial difficulties in urban
settings, including a lack of employment and other
income-generating activities, limited access to basic services
and, perhaps most importantly, inadequate housing.
Violation of human rights was often the main
underlying cause for persisting poverty among urban indigenous
communities. In recognizing those challenges, UN-HABITAT had
organized an expert meeting in Santiago, Chile, this past March,
aimed largely at analysing the impacts of migration on
indigenous peoples, as well as their living conditions, and
elaborating recommendations on how to improve urban indigenous
peoples' living and human rights conditions. He added that other
colleagues participating in the Forum today would highlight the
outcome of the meeting.
RASMUS PRECHT, the representative of the United
Nations Human Settlements Programme, presented recommendations
by the international expert group meeting in Santiago de Chile,
noting that there was limited knowledge of the migration process
and the impact of urbanization on indigenous peoples. The
consequences of urbanization varied greatly, with adaptation and
improvement of living conditions on one hand, and
discrimination, exclusion and violence on the other. It was
important to better understand the needs of indigenous peoples,
and particularly their relationships with their lands. They
should not be seen as divided between urban and rural areas;
rather as peoples with a common cultural identity that adapted
to changing circumstances and environments. As such, culturally
sensitive policies should be adopted.
Regarding Government activities, experts had
recommended ratifying International Labour Organization
Convention 169 and adopting the Declaration on the Rights of
Indigenous Peoples. Additionally, it was important to increase
indigenous peoples' participation in decision-making processes,
based on the principle of free, prior and informed consent, and
ensure their rights to social well-being. Moreover, he called
for better provision of services, in partnership with indigenous
organizations. It was important to fight discrimination through
cultural awareness and affirmative action.
General recommendations included collecting
accurate data on living conditions of those living in urban
areas. That should be done with a rights-based participatory
approach. He called for the full realization of the right to
adequate housing, and the elimination of homelessness, in part
through the establishment of effective housing delivery systems,
and support for indigenous youth in their capacity as indigenous
leaders.
AMY MUEDIN, Programme Specialist, International
Organization for Migration (IOM), said that the United Nations
report on demographic trends had estimated that, shortly, more
people would be living in cities than in rural areas. That was a
first in the history of humankind. She said that there was a
scarcity of data on how many of that number were indigenous
communities, which made it difficult to get a handle on their
situation. At the same time, it was important to recognize that
indigenous peoples' rights were endangered throughout the
migratory process; displacement from their original homelands,
trafficking or other abuse in transit; and alienation, harsh
treatment and lack of opportunities in their new urban
communities.
She said that the Santiago expert meeting on
urban indigenous peoples had noted that some indigenous peoples
left their homes because they believed that was the only way
they could survive changes under way in their ancestral
territories. In any case, the experts agreed that, when they
left their countries, indigenous and tribal peoples did not
leave their identities behind, and that their rights and
identity should be considered inviolable, regardless of whether
they lived in rural or urban areas. She added that, recently,
the IOM had made available a draft working paper on
understanding internal and international migration of indigenous
peoples and also highlighted transborder migration.
JULIEN BURGER, the Coordinator of the Office of
the United Nations High Commissioner for Human Rights, said
indigenous peoples living in cities and towns constituted 50 per
cent or more of the indigenous populations in various countries.
Sometimes, movement from native lands had been motivated by a
desire to take advantage of education, health and employment
opportunities, as it was easier in some cities to participate
more fully in national life. However, many indigenous peoples
had left their land against their will, displaced by development
projects, such as dams and mining operations.
Widespread poverty that wracked so many
countries around the world also forced indigenous peoples to
move to urban areas, he continued. He pointed out that the
causes of poverty among indigenous peoples were exacerbated by
fundamental human rights issues, including the right to
self-determination. He stressed that one could not disconnect
the phenomenon of urbanization from fundamental rights.
A recent expert seminar also brought to light
issues of maintaining identity; low housing standards; lack of
education and employment opportunities; and exploitation of
indigenous labour, including for the purposes of trafficking.
Experts from Governments offered an array of programmes to
address those issues. He hoped that they would not lose momentum
from that discussion and that the sixth session would make a
concrete recommendation on how to move the work forward.
Finally, he thanked the Government of Canada for its
intellectual and substantial contribution.
FABIAN DEL POPOLO, expert in the Population
Division, United Nations Economic Commission for Latin America
and the Caribbean (ECLAC), said that her region had been pleased
to host the experts' meeting in Chile. The Commission had since
adopted a decision on the individual and collective rights of
indigenous peoples, and had also launched, in La Paz, current
census data on indigenous peoples in the region. She said that
those surveys had revealed that migration was reshaping the
territorial distribution of nations and, although indigenous
peoples remained chiefly tied to their ancestral lands, they
were nevertheless a part of the current urbanization trend. She
added that the survey revealed some contradictions to popular
thinking, particularly the notion that indigenous peoples were
more likely to return to their ancestral homes. She stressed
that, while the survey had been eye-opening and most helpful to
the Commission, there was still a need for all United Nations,
civil society and indigenous peoples' groups to work harder to
provide more and better data on the situation of indigenous
peoples.
FRED CARON, Assistant Deputy Minister of Indian
and Northern Affairs of Canada, said today, about 50 per cent of
aboriginal people lived in urban centres across Canada, mainly
in western cities. There was a growing number of aboriginal
people who knew no other home than the city and, as such,
policymakers needed to consider their specific needs. Since
1951, friendship centres had been used to address those needs.
Now, more than 117 centres provided important services to
aboriginal people living in cities across Canada. Those centres
paved the way for other Government programmes designed to
respond to specific needs of aboriginal people living in cities.
Canada announced the renewal of its Urban
Aboriginal Strategy with a commitment of $68.5 million over the
next five years, he said, noting that the total commitment for
urban aboriginal people was estimated at more than $560 million
on an annual basis. While the commitment was substantial, Canada
also was seeking help from partners, including aboriginal
representatives and the private sector.
Canada welcomed the report by key organizers of
the expert group meeting on urban indigenous peoples and
migration as an important step and hoped that its report would
serve as a platform for continuing discussion. United Nations
agencies should build into their work plans consideration of
issues for urban indigenous peoples. Similarly, Governments
needed to encourage dialogue among indigenous peoples.
DONNA MATAHAERE-ATARIKI, Director of Policy, Te
Ouni Kokiri, New Zealand, said that, following the Second World
War, the rate of urbanization by the Maori people as a group had
been the highest in the world. Most had migrated for new
employment opportunities in cities, like many other indigenous
people were doing around the world today. As a result, more than
80 per cent of the Maori population now lived in urban areas.
That trend had wrought a fundamental change on the character of
New Zealand society, including enhancing understanding and
contact between Maori and non-Maori.
But, the pace of the change had also had
negative effects, since urbanization had fractured the
traditional relationship of individual Maori to family and
tribe, as well as tribal lore, ancestry, language and land.
During economic downturns, Maori no longer had traditional
support networks and were also most often likely too be engaged
in low-skilled jobs and, thus, vulnerable to unemployment. That
had established a long-term cycle of poverty, disadvantage and a
crisis of identity for many Maori individuals in urban areas,
with serious implication for all Maori people and New Zealand
itself.
She said that the Maori had spent years adapting
to and emerging from that period of major change and one of the
most positive developments had been the adaptation of tribes to
the urban environment and the establishment of urban authorities
to provide cohesion and support. Overall, she said that New
Zealand believed that a policy must be developed to manage the
social change associated with urbanization and to minimize
negative effects. Governments and indigenous people needed to
work together on the question of urbanization and to support
indigenous peoples in their choices.
CARLOS JOSe ALEMN CUNNINGHAN ( Nicaragua),
calling attention to his Government's respect for
implementation, addressed the management of natural resources in
the autonomous regions. The Government had instituted a
decentralization process, which favoured autonomous regions, and
had established joint management of natural parks on those
lands.
On the territorial rights of indigenous peoples,
he said Nicaragua had implemented a demarcation and ownership
law, with mechanisms to ensure that essential rights were
respected. He went on to say that the process of developing the
procedural manual had been simplified and that entitlements had
been revised. Implementation of that initiative was essential
for defending agricultural borders, he said, asking for United
Nations cooperation in wrapping up that process. Further,
Nicaragua's "Zero Hunger" programme had been created to ensure
food safety to people in neglected areas. The Government would
continue to work to ensure the Declaration would be adopted by
the General Assembly.
MILDRED GANDIA REYES, speaking on behalf of the
Indigenous Caucus of the Greater Caribbean, said that the
reports before the Forum continued the Organization's historic
practice of ignoring the situation of indigenous Caribbean
islanders. That lack or recognition, which extended to the bulk
of the Organization's work on behalf of the Latin American and
Caribbean region, was not only discriminatory, but a violation
of the Convention on the Elimination of All Forms of Racial
Discrimination. She called on the Forum to ensure that such
disregard for the well-being of the indigenous peoples of the
Caribbean be addressed in a forthright manner.
The representative of the North American
Regional Caucus addressed the recommendations from a recent
meeting. Participants had affirmed the vital importance of
recognizing indigenous peoples and their citizenship. She asked
the Forum to request updates on the implementation of remedies,
particularly where threats to the human rights of indigenous
peoples occurred. In that context, she pointed out the
vulnerability of the indigenous girl child to trafficking.
Citing article 36 of the Declaration on the
Rights of Indigenous Peoples, which outlined the rights of
indigenous peoples to maintain contacts and cooperation with
group members across borders, she called on the Forum to push
States to respect the rights contained in that article. Further,
she endorsed support for the Second International Border
Security Summit. Finally, noting the connection between
increased urbanization of indigenous peoples and the
acceleration of language loss, she supported the idea of
organizing a workshop within the next year on indigenous
languages, particularly as language fluency among children and
youth was decreasing.
HANDAINE MOHAMED, Amazigh Caucus of North
Africa, said that the Governments of his region had for years
been pushing the Amazigh populations out of their territories
and they were now without property or shelter living in the most
cruel and inhuman conditions, with countless others doing the
same. Their way of life had been shattered and they had been
forced to adopt alien cultures that further erased their roots
and instilled in them a sense of inferiority. She stressed that
the entire world would lose out if that unique culture were
wiped out. He urged the Forum to intervene and request the
respective Governments to protect the rights of Amazigh people
and for other Governments to observe international law regarding
migration.
TOMAS ALARCON, delivering a statement on behalf
of Comision Juridica Para el Desarrollo de los Pueblos
Originarios Andinos (CAPAJ), said indigenous peoples could not
remain indifferent to the urbanization process, as they faced
the risk of losing their lands. He was surprised that ECLAC was
promoting a policy that constituted an uprooting -- a breaking
of the link -- between indigenous peoples and their lands,
making them believe that they could continue to "be" in the
cities who they were on their native lands. Transnational
companies were plundering mining resources, he said, noting that
peoples in the Amazon and the Andes had long suffered that
scourge. The Government was promoting detrimental policies. He
recommended that the Human Rights Council urge States to prevent
the indiscriminate plundering of indigenous resources and the
displacement of indigenous peoples.
NICOLAS BAWIN ANGGAT, representing the Asia
Caucus, citing the lack of livelihood support, health and
education services as reasons for urban migration, pointed out
that internal conflicts within indigenous communities also were
contributing to that migration. Alarming developments in the
cultural and social well-being of those immigrants included a
worsening of discrimination, identity crisis and
marginalization. Most poor indigenous migrants wound up even
poorer than when they had lived on their traditional lands, and
alcoholism was becoming prevalent, due to a lack of social
cohesion. People were forced to defend themselves as individuals
and families, rather than communities, and there was a growing
vulnerability of indigenous youth to sexual abuse and child
labour. He urged the Forum to conduct a survey on the impact of
indigenous migration to urban areas, as well as a study on child
labour. He further recommended the creation of a fund to support
indigenous peoples in urban centres.
A representative speaking on behalf of the
Pacific Caucus said that, as the environment deteriorated so did
the well-being of the indigenous people of the Pacific. And
while the peoples of the Pacific were very different, their
basic needs were quite similar. They were all suffering, he
said, noting, for instance, that in Australia, "indigenous
cousins" were currently facing their Government's commitment to
"harnessing the mainstream" of public health and housing
services. But the Government's true aim was assimilation.
In Hawaii, the Department of Hawaiian Homelands,
with the "noble mission" to remove indigenous Hawaiians from
negative urban settings and return them to traditional healthy
functions on agricultural, pastoral and homestead lands, had a
long history of disservice to indigenous communities due to poor
planning and execution, and lack of management and financial
expertise. With all that in mind, the Pacific Caucus called on
the Forum to request the Special Rapporteur to undertake a study
on the issues related to the urbanization and migration of
indigenous peoples, with particular focus on their ability to
enjoy their cultural, economic, social and political rights.
CARMEN RAMIREZ BOSCAN, speaking on behalf of the
Latin American Caucus, said that internal and external migration
was sparked by the raping of indigenous lands, State terrorism
and rampant discrimination. She urged the Forum to consider,
among other things, elaborating a strategy on urban indigenous
migration and the impacts of neo-colonialist policies and
counter-terrorism policies, as well as promoting an
Organization-wide push for more and better data collection on
indigenous people and trends. "None of us are illegal and none
of us are undocumented," she said, adding that: "We all have a
home in the universe."
SOTHY KIEN, in a joint statement by the Khmer
Kampuchea Krom Federation and the Montagnard Foundation, said
that, in the spirit of the Forum's work, her group would
"practice its spiritual beliefs of compassion" and agree to a
proposed meeting with the Vietnamese Government. She said that,
traditionally, farmers in the fertile Mekong Delta had provided
an essential source of food and survival for the indigenous
Khmer Krom people. Recent canal projects initiated by Viet Nam
had destroyed many of the rice fields by channelling salt water
into freshwater farming regions. She requested, among other
things, that the Vietnamese Government consult with indigenous
peoples before creating such canal projects on their ancestral
lands, and asked that Government to establish and implement
national laws to protect ancestral territories from land
grabbing.
FLOR CRISTOMO, speaking on behalf of La Red
Xicaana Indigena, Pueblos y Fronteras, South Central Farmers,
Winnemem Wintu Tribe, Cetiliztli Nauchampa, said that the women
of her collective suffered the cruellest treatment in the United
States, because they were accepted as workers, but only without
their children. They had been unable to honour the sanctity of
the family. Such policies or exploitation, which went back some
50 years, had become cultural genocide. She called on the Forum
to intervene on their behalf and to denounce Washington's
current policy on immigration. "We are not mules, we are
workers," she said.
CECELIA VELASQUEZ, Gobiernos Alteranativos,
called on the Forum and its Secretariat to cooperate with the
United Nations system to monitor implementation of the
recommendations in the reports before the Forum, particularly
priority recommendations, including those on indigenous
migration, women's rights and land rights.
DINA SAULO, presenting a joint statement by the
New South Wales Aboriginal Land Council and associated
organizations, said 70 per cent of indigenous Australians lived
in regional urban centres, with 50 per cent under the age of 18.
Government arrangements focused on "harnessing the mainstream"
at the expense of indigenous identity, she said, pointing out
that the largest indigenous-specific programme -- the Community
Development Employment Programme -- would be abolished in rural
and regional centres. People would be redirected into
non-indigenous programmes. The Government had underestimated the
economic consequences of that policy and had not sought out
indigenous peoples' free, prior and informed consent. Australian
indigenous organizations were concerned about programmes to
"normalize" indigenous peoples, as the Government process would
be achieved through de-funding programmes to redirect funds to
larger economic centres. Articles 8 and 10 of the Declaration
provided Governments with guidance on those issues. She
supported the recommendations of the recent expert group meeting
in Santiago, Chile. Drawing on that report, she recommended that
the Forum request the Special Rapporteur to undertake a study on
indigenous peoples and migration for consideration at the
seventh session.
ALBERT DETERVILLE, presenting a joint statement
by the Caribbean Antilles Indigenous Peoples Caucus and
associated organizations, drew attention to a series of meetings
on indigenous peoples' urban migration as it related to
development. He highlighted that, in the Organization of Eastern
Caribbean States (OECS), his delegation had asked the Government
in Saint Lucia to recognize the importance of creating
employment opportunities for indigenous peoples. Requesting that
the Forum recognize the Government's efforts, he also asked that
it examine OECS Government initiatives to mitigate the "drift"
of indigenous peoples into urban areas.
IVAN IGNACIO, presenting a joint statement by
the Consejo Indio de Sudamerica and the Andean First Nations
Council, said indigenous peoples had the right of free transit
and to settle where they could best adapt. That right had been
violated since the institutionalization of republics with marked
borders. Furthermore, the monetary system had forced people to
migrate in search of better horizons, exposing people to
cultural exploitation. His association would not accept being
called immigrants or allow constitutional rights to supplant
traditional rights. Urban Indian communities must fight against
the assimilation process and the odious policies taking place in
States such as Spain. He recommended creating an ongoing
rapporteurship to follow up on indigenous peoples in urban
centres, compile accusations and alleviate the plight of those
facing discrimination.
PATRICK BRAZEAU, delivering a joint statement by
the Congress of Aboriginal Peoples and associated organizations,
said his association had worked to preserve the rights of
Canada's 1.3 million indigenous peoples. Many had relocated to
urban settings with the hope of finding employment or receiving
an education. However, they continued to suffer under poor
conditions. Aboriginal peoples should be entitled to the freedom
of mobility promised by the Constitution and enjoyed by all.
Recognizing an earlier call for States and municipal Governments
to fund indigenous political organizations, he welcomed Canada's
announcement of a $70 million investment for indigenous issues.
MAURICIO GUARANI, presenting a joint statement
from the Comissao Nacional dos Indios Guarani and associated
organizations, said "the city came to us", in that the situation
had been imposed on his people step by step over 507 years
through forced colonization. The most important issue was the
question of land rights for indigenous peoples in Brazil. The
Guarani -- one of the largest indigenous populations with 45,000
people -- had retained the smallest number of acknowledged lands
and were in constant conflict with others claiming land rights.
Brazil's lack of political will in demarking
traditional lands had resulted in obliging communities to live
in precarious conditions and, quite often, along roadsides, he
said, adding that community leaders were victims of legal
processes. All that was the result of a lack of basic policies
to address Guarani nation needs. He recommended the Forum draw
attention to the Guarani, who had been evicted from their lands
and who were, therefore, threatened. Brazil must officially
acknowledge the existence of their lands and comply with
constitutional duties, particularly with the demarcation of
Guarani lands.
AQQALUK LYNGE, Forum expert from Greenland, said
that much had been said today about discrimination, but very
little about media stereotyping. He said that he knew a lot
about that because of the false picture that was painted of his
own native Inuit Greenlander. All indigenous people must work
hard to change the stereotype, "remove the victim label", and
move on. He also recalled that many speakers had called for the
adoption of the Declaration on the Rights of Indigenous Peoples,
and stressed that approving that text, in its current form, was
essential to the protection and promotion of indigenous peoples'
rights.
Mr. BALKASSM, expert from Morocco, said that
indigenous people were continuing their struggle against
policies of assimilation, which threatened to replace the unique
cultural or tribal identities with a uniform national identity.
He said that the children of many tribal peoples had already
learned to accept the fact that, for them, the bulk of their
education was in another language. At the same time, some school
children were punished for mistakenly answering questions in
their tribal languages. He said that it was necessary for the
international community to work together to ensure that such
cultural identities were not lost.
MARGARET CONNOLLY, Retrieve Foundation, called
on the Forum to accelerate the accreditation process, especially
for women and itinerant groups. She also called on the Forum to
urge the Government of Ireland to approve the Declaration on the
Rights of Indigenous Peoples.
A representative of the National Association of
Friendship Centres, a service delivery organization for urban
indigenous communities, said that everyone should recognize that
indigenous peoples were the same either in urban or rural
settings, but that there needed to be culture-based services in
all urban areas. Particular attention should be paid to the
situation of women and children. The urbanization trend could
also provide United Nations Member States with an opportunity to
work with indigenous people to improve the situation of
indigenous people living in urban communities around the world.
"I urge you to rise up to that challenge," he added.
A representative of the Federation of Indigenous
Populations of India addressed the situation of indigenous women
in Indian cities, noting, among other things, the extreme
inhuman conditions facing such women and the fact that many
non-governmental organizations claiming to help them were
actually just making money off their misery.
TAALIBAH "BLUE SKY" REAPE, Ethiopian World
Federation, said those who thought that they had destroyed
indigenous peoples connection to their past must acknowledge
that the spirit of all indigenous people would survive and would
only strengthen their connection to Mother Earth. It was time
for all indigenous people to proclaim their identity. It was
about the legacy of ancestors. Much had been lost, but much was
soon to be gained. |